Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 08, 1905, Page 3, Image 3
TITE OMATTA DAILY PEE: FATFnDAY, JULY 8. 1903. -3 3 WITNESSES DO. NOT ANSWER Vb Call4 ii Womll Grain Can Befma to Tertiff Befori Examiner. ALL CUIM CONSTITUTIONAL EXEMPTION rir Me tr Thft Mlafct Incriminate Th.ma.lvea If They Tell What They Know . . of f acts. LINCOLN. July 7. (Special Telegram.) Flva witnesses were examined this morn Ins In the. taking; of depositions at Have lock In the suit of the Worrall Oraln com pany agalnnt members of the Nebraska Grain Dealer' association for damages. Tha wlt'iespes sworn were F. E. Leverli it, assistant treasurer, Edward Biater, cler'it, for Ute Central Granaries company at Lin coln; W. L Ferguson, who operates son.e forty-flv or fifty elevators along the Bur lington; , B. ' N. Mitchell, secretary and treasurer of tbe Jaquea Grain company, and Bamuel Walker, formerly In tbe grain busi ness at waverly. Questions were addressed to Levering and Slater With Intent to show the maintenance by the stats association of a price commit tee, consisting of the Central Gralnarles company and the Nebraska Elevator com pany of Lincoln, the Nye-Schnelder-Fowlor company 6f Fremont and the Omaha Eleva tor company and the Updike Grain company of Omaha, by which the prices to be paid farmers for grain were fixed and sent out to regular association representatives In tha thirteen districts Into which Nebraska and a small portion of northern Kansas were divided by the association. All Refuse to Testify. These witnesses recused to answer any of the. questions on the ground that the answers might tend to incriminate them selves. The examination of Mr. Ferguson brought out from him the fact that he had withdrawn from the association shortly after tha annual meeting, about April 1 last. ) He said , an association was originally formed to cure bad conditions regarding weights at Kansas City and Inspection at Bt. Louis, that It had accomplished Its pur poses, and he no longer could see any way of getting his money's worth out of member ship. An effort was made to show the pro vision of card prices by the association and by himself, but he declined to answer any questions bearing on that point. E. N. Mitchell of the Jaques company sprung his exemption as a witness at the tart and stuck tu it. 8amuel Walker also declined to go into the card price subject, although he Is out or the business. He said he got for his elevator at Waverly a better price from the Ewart-WUklnson company than he had ever expected to get. Asked if the business of buying grain from farmers In Nebraska is not a good paying business, he declined to answer on the ground that it might incrim inate him. ' M here They Balk. The witnesses refused absolutely to give .out any. Information bearing directly on the Issues Involved. Following are a num ber of questions asked Witness Leverin to which answers were not forthcoming: "The stafc of Nebraska la divided Into thirteen price groups and grain districts by the Nebraska Grain Dealers' association for the purpose of fixing arbitrarily the price of grains purchased by the elevatois from the farmers, is it not?" "Isn't it true that you assisted in prepar Ing nve maps, showing thirteen price groups or districts within the state of Nebraska, and taking in a small portion IJtpt Kansas,, for' the purpose of maintaining arbitrary pHfces" ri each of those thirteen r "Is it not a fact that the Central Gran , arlcs company and the Nebraska Elevator , .company, to your knowledge, constitute and have constituted for more than a year last past, or about that time, two members of the general price committee constituted by . the Nebraska Grain Dealers' association for the purpose of arbitrarily fixing; from time to time, the price of grain to be pur chased from farmers in Nebraska?" "Isn't It a fact that the general price committee referred to in the last question - consists of and has consisted for several years last past, to your knowledge, of the Omaha Elevator company, the Updyke ' Orain company, both of Omaha, the Nye Schneider-Fowler Elevator company of Fre rtlont, the Central Granaries company and the Nebraska Elevator company, both of " Lincoln, and that those five members of ' tha price committee fixed the price to be paid by regular elevator dealers to farmers for their grain throughout the state o Nebraska and a small portion of the state of Kansas?" ' "la it not a fact that the price fixed by 1hat committee Is sent out by means of 'cards through agencies stated in the meet ings of the Nebraska Grain Dealers' as sociation, nd according to rules established by that price committee, and that these prices when so fixed are known to the regular dealers as card prices, and do you KRS. WlnSLGW'S SOOTHSttQ SYRUP aas 1ms ed by Millions of at other for their all &tn. eni-aa wind ouUo, and Altllnran Willi. II tooita the ob ltd, softens ts Uim for or Fifty Tusrt. tftena Ua ruuit, a.laM la tbe Ml ATHLETES TO KEEP IN GOOD TRIM MUST LOOK WELL TO THE CONDITION OF THE SKIN. TO THIS END THE BATH SHOULD BE TAKEN WITH HAND SAPOLIO Alt ' QrocertUnd Druggists AMIBEMEHTS. 0h IPOYP'SISt'qcV, This Afternoon Tonight , Sun. Mat. Clarke Marshall in Riff THK PLAO OP TRUCE. Dl& Sunday "THE BELLU OF a RICHMOND." Iir.. I. Thurs A Mother's Sacrifice. WPP PRICKS lo. 160 and 260. " VI MAT1NKFS Any Peat le. NOVELTY FAMILY THEATRE . 4 PERFORMANCES DAILY 4 , at I JO, 7:J0, 1.30 and 1:10. COOLEST SPOT IN OMAHA Cooled withlce 6-BIG ACT8-6 laelaalna; Mad. La Yarn. Jeay Clay. sea, X.aa.lbar,N Bates A Ersttt All seals 10 cents No mora, no less. Take a delightful RIVER TRIP on tha three-deck ITKISKH K. C. OCHTER leaves root ot Douglas street every afternoon at J 16 for Florence and at :li lur a ntteen mile cruise down the river. Nl'IIC DASCINQ Cool breesea and a goad time. JUann lr . St ml . t ' ,.- . -. hot know these facts from your personal knowledge?" Brlaa- la the Telephone. Is It a fact that when the grain market fluctuates so much as to compel, in the Judgment of the price committee, that com mittee to make a change In the price to be paid to the farmers for grain, that Mr. A. II. Bewsher, now secretary of the Omaha Elevator company, and Nels B. T. p dlke, president of the Updike Grain com pany, according to the usual plan and un derstanding by you and this committee, and the gentlemen named, meet In Omaha and call up by private telephone llns, usually, Mr. Fowler, secretary of the Nye-Bchnclder-Fowlcr company of Fremont, nnJ by previous arrangement between you and those parties, Mr. Fowler places the re eelvtr of the private wire to his ear, and the receiver of the Bell Telephone company to the other ear, and ealls you and your company at Lincoln, and that In that man ner the price to be paid for grain is agreed upon, which is to be paid the farmer for grain, and that the conversations between these parties are by Mr. Fowler repeated from Lincoln to Omaha and from Omaha to Lincoln, ahd In the event the four men tioned cannot agree as to prices to be paid. that the Nebraska Elevator company la called In as the fifth member to decide and fix the price to be so paid, and that the prices paid by the regular members, or to be fixed by them, are thus paid and main tained by them, and have been so for some time past?" 'Is it true that the members of that committee then confer with N. A. Duff, president of the Nebraska Grain Dealers' association and of the Duff Grain company of Nebraska City, and Inform him of the prices to be psld farmers for grain in the territory north and west of Lincoln, and that Mr. Duff, with the advice of the Ne braska Elevator company, fixes the price to be paid to the farmers for grain in the territory south of Lincoln T" 'Isn't It true that sfter the price has been so fixed the method of communicating those prices to the several price districts through out the state is to communicate the price so agreed upon to several members of the Nebraska Grain Dealers' association at various points throughout the state and by them in return to be communicated to the regular grain dealers In the state In the re spective price districts or groups over which the several persons to whom the prices are communicated In the first In stance, and that Richfield Is one of the points to which these prices are communi cated and from which the price is dissemi nated?" "It Is true, Is it not, that when the prices are so fixed by the committee you or your company communicates the same by collect message to VanBuren A Son at Falrbury and that VanBuren A Son, upon reoelpt of said message, send out cards to the agents and operators of elevators on tha. line of railroad of the Rock Island west of Falr bury to and Including Nelson, and Is not this one of the methods adopted for com municating prices to other parties, who in turn, communicate them to operators of ele vators by means of cards on other lines of railroad upon which these parties to whom prices are communicated for distribution are located and to whom this duty Is dele gated, and this method Is pursued by se lecting those most conveniently situated upon the several lines of railroad for the purposes in this question?" To each of the above questions Witness Levering declined to answer on the ground that it might tend to Incriminate him. Attorney Saya "Don't Answer." The refusal of the witness to testify was upon the advice of Attorney F. M. nan, wno protested strenuously against allowing (tie plaintiff to propound the ques tions, which, he said, were made as "hu miliating as It was possible to make them. But Notary Wilson held that the witness must enter his declination and bis -reason in response to each inquiry. Attorney W. J. Courtrlght also entered a protest, whereat counsel for plaintiff, Mr. fiowen, asuea that the record be made to show that Mr. Courtrlght protested against the examination of this witness. This, however, was not done. While Mr. Levering was on the stand the plaintiff offered in evidence a map show ing the state marked off into thirteen dis tricts, asking the witness if it was not one of the maps made by the association, bui no answer was given to this query either. The witness further declined to state whether or not the Central Granaries company has been a member of the as soclatlon for ten years, whether or not he was a member himself or whether or not the company operated about sixty elevators in Nebraska and Kansas and about forty In Nebraska. Wh en asked if he had declined to answer the Interrogatories because he was afraid his answers woiild subject him to criminal prosecution, he again declined to answer. Several more witnesses were called this evening, but nothing important was dis cussed. Inspecting Voting; Machines. The commission appointed to examine and pass upon voting machines held Its first session this afternoon and the three mem bers cashed in for $150 each for the few hours put In, watching a representative of the United States Standard Voting Ma chine company ' display his wares. The members of tha commission reached Lin coln this morning and proceeded to an or ganization by selecting C. J. Anderson, father of the voting machine bill, chair man; R. B. Carter treasurer and W. E. Taylor secretary. The voting machine agent then rolled his machine Into the cor ridor of the state house near the office of the secretary of stater the agent turned over a check for $460 to the treasurer and the business of Inspection began. The law requires that a company desiring to sell machines in Nebraska shall subject the same to tha Inspection of the commis sion and to pay the expenses of such in spection it shall deposit with the treasurer of the commission $460. This money Is divided among the members. If the com mission says the machine is all right the company may sell them to the various counties, otherwise it will be illegal for any county to buy. The commission has ten days in which to make its report. Spinney Has Cans of Action. The supreme court this morning overruled the demurrer of the attorney general to the application of Dr. Bplnney, president of the Bankers Union of the World, for a mandamus to compel Insurance Deputy Pierce to issue a certificate to the company to do business In Nebraska, thus showing that Dr. Spinney has a cause ot action against the state. The case will not come up for hearing until September, the state now having tbe right to answer the petition filed by Spinney. ' Call for Warrants. State Treasurer Mortensen today issued a call for warrants, beginning with No. 122964. for July 12. This call will take up warrants Issued up to February I. 19u4. these having run seventeen months and six days. Hearing; on Blair Petition. A hearing was had before Governor Mickey this afternoon in the application ot John Blair for a pardon, Blair having re cently been sent to the penitentiary for three years for a statutory assault upon Beulah Thomas, aged IS years. George B. France of York talked In favor of tha pardon, while Attorney General Brown apoka against it. Mrs. Blair, her slster-ln law, 8. H. Hanktna, formerly a merchant residing near tha Blair home, and Thomas Barber a farmer of Tork county, and Mr, Thomas, the father of tha glr!, were pres ent during tha argument. Both Hanklns and Barber cava Blair a good am, the Final M-IPrie ppertlHllfy J. sr CORRECT DRESS FOR MEN AND BOYS. fHalf The Last Bay o Saturday, July 8th. This great sale, which for two weeks has crowded this store from the opening of onr doors until their close, will go on record as the most stupendous and far reaching bargain event ever given publicity. Seven states represented in this morning's mail. SATURDAY will mark the close of this great opportunity and an epoch making day it will be. We have re inforced our supply by placing w ith these suits a largo delayed purchase of single and double breasted suits for summer wear which on account of its tardiness was sold to us at our own figure. More than 800 suits which positively must be sold Saturday. Price i Suit Sellina Every Garment Must Go Nothing, under any condition will be carried over until next season. All $30.00 Suits "j 00 All $1100 Suits 50 All $2100 Suits "H 50 All $12.00 Suits (gOO All $20.00 Suits j QOO All $10.00 Suits 00 Anfm Crii.f- F$sA rsA Prices Remarked vuimy kjuiia ucuutcu -T Re-markably Two-garment skeletonized and partly lined coat and trouser suits of faddish, tropical worsted, cheviots, homespuns, tweeds, etc., in single and double breasted styles, new gray, browns, olives and mixtures. 00 $7.5.0 .'Outing Suits , $ $12.00 Outing Suits ffiPSO $2250-$20 Outing Suits $" 00 $15.00 Outing Suits (Q)00 Outing Trousers, $2.50, $3.50, $5.00 Great values of Paragon make of tropical fabrics. Summer Shirt Sale Great reductions to create rapid selling. Again we say no article is here permitted to remain longer than one season, hence these price concessions in the very heart of the sea son. Lines include all worthy makes such as the Elgin, Monarch, Griffon, E. & W., Man hattan, Star, Lion and Princely brands. il All 50c and 75c Shirts, All the $1.00 Shirts , All 'the $1.50 Shirts ,.. All the $2.00 Shirts All the $2.50 Shirts 5c $11.15 $1.55 $2.00 Our large Douglas street window displays these unequaled values Hats One-third to One-Half Price former saying he had sold Mm goods on credit many times and that Blair had al ways -raid his bills and was a most ac commodating neighbor. Mrs. Blair and the sister-in-law said that Beulah Thomas was 18 years old and that her parents had mis represented her age at the trial. Governor Mickey took the matter under advisement. Supreme Court Adjourns. After being in session since Thursday morning the supreme court. Judge Barnes and Judge Sedgwick present, adjourned this morning without handing down any opinions and will meet no more until Sep tember. Judge Barnes will leave the mid dle of the month for a visit to his son at Casper, Wyo., J. B. Barnes, Jr., and JucUe Bpdgwlck will shortly go to California for a four weeks" trip, probably going to Alaska. Judge Barnes, however, will spend the greater portion of the summer at Nor folk. Chief Justice Holcomb is already la Utah. Kens of Nebraska. TECI'MSKH-The city council last even ing appointed L. C. Chapman as city at torney. HASTINGS M. Foley, aged S3 years, died nt the family rtwlilence this mornlnK. Funeral services will be held Sunday. OSCEOLA There has been a decrease In the number of persons of school age In the Osceola High si-nooi aisirici or twenty-six from last year; now we have 161 males and 1S1 females, 322 In all. OSCEOLA Hon. and Mrs. E. L. King have sent out cards of Invitation to the marriage of their daughter, MIhs Edna Laura, to Waller E. Heuling, at their home Saturday evening, July lb, at 8 o'clock. PLATTBMOUTH Albert Bchuldlre, a 14-year-old boy, was serlotiBly injured while celebrating with powder and a tin can, to which he had attached a fuse, lie was burned about the face and otherwise '.in jured by a premature explosion. TABLE ROCK The 8-year-old daughter of Mrs. Mary Kranek, five miles north west of town, was bitten by a dug ytstur d.iy. She was brought to town fur medical treatment at once and no serious appre hensions are felt in the matter. WEST POINT The Cuming County Bar association met last evening in special ses sion, under the presidency of Hon. M. Mc laughlin, dean of I lie local bar, and adopted suitable resolutions touching the death of Hon. Uriah Uruner, one of its honored members. HASTINGS The preliminary hearing of Charles Woodward and Harry I-'oote, who are charged with assaulting John Frosch heuser ten days ago, was held in Juxttce Crowley's court this morning. The defend ants w ere released on a Jjuo bond to appear at tha next term of the district court. BEATRICE Carpentera' union No. rx met last nlKht and Installed these officers: J. Q Overman, president; C. H. Thomp son, vice president; J. II. Coomes, record ing secretary; George T. Barber, flnamial secretary: A. J. Skinner, conductor; Wil liam B. Umpbenour, waiden; U. C. SlyhofI, trustee. LYONS Superintendent Nichols of the Chicago, Si. Paul, Minneapolis ac Omaha railroad was here this morning in consul tation with the business men and others, arranging for the location of tba new depot several blocks nearer to the business portion ot ttie town, it is expected tnat work will be commenced at once. LYONS The contractors for the grading of the Great Northern from the Omaha reservation to Oakland, a distance of thir teen miles, are here with outfit of sixty mule teams and scrapers to begin work at once. The grade stakes are being cut. FAIRBURY'- Mortgage Indebtedness of Jefferson county for June Is as follows: Farm mortgages tiled, nine: amount, 1Z.- 8t; cancelled, fifteen; amount, 16,9u8.25; city mortgages niea, nineteen; amount. )6,TD0; cancelled, four; amount, $-494.XO; chattel mortgages filed. 126; amount, $19.- 623.83; cancelled, V8.7oS 80. FREMONT The current of the electric light plant w-ts turned on for the first time this morning. There are a number of mer chants and business houses among the pa trons, dui scarcely enougn at present to pay the additional expenses. It Is believed that later In the season It will yield a good revenue. I ne regular line pays well. TABLE ROCK A large number of peo ple attended the funeral of Silas Bowen, who whs killed by lightning Wednesday. at the Christian church on Friday. Rev. T. A. i-inuenmeyer ot rawnee City conducted the funeral services, which were In charge of the Ancient Order of United Workmen, of which Mr. Bowen was an honored mem ber. WEST POINT Corn on uplande Bhowa a marked improvement by reason of the favorable weather of the last few days, but In the bottom lands very little progress has been made. The wet weather has effec tually precluded cultivation, allowing the rank growth of weeds to smother the plants, with the result that the crop can be considered a failure along the river bot toms. Wheat and oats are heading out ICED DRINKS cause 90 per cent of all deaths in hot weather from prostration, stomach and bowel complaints, congestion, sunstroke. exhaustion, paralysis, etc. leading doctors Bay an danger can be avoided by taking Duffy's Pure Malt Whiskey It destroys the disease germs and keeps the system cool and healthy. "Duffy's'' Is an absolutely pure ionic stin from fusel oil. in use bo years. All druggists and grocers, or direct, II a bottle. Medical booklet free Duffy Malt niusaer w. iuKoiivr, pi, x, nicely and while some damage from rust Is expected It will not be material, the yltM being expected to equal the average. BEATRICE The officers of the Big Four Log Rolling association, which includes the counties of Seward, Saline, Lancaster and Gage, met yesterday at DeWltt and de cided to hold the annual picnic of the Modern Woodmen of America at that place on August 23 and 24. The officers also ar ranged a program for the two days at tha meeting. TECUMSEH The Tecumseh city library board has received a proposition from the agent of Andrew Carnegie whereby he, for Mr. Carnegie, proposed to donate the sum of tT.ouO to this city for the erection of a library building. This provides that the city will take action to provide a fund of $00 per year to maintain tbe library. Steps will be taken at once to secure trie new building. BEATRICE The seventeenth annual ses sion of the Beatrice Chautauqua opened last evening, with a large attendance. Tha program consisted of addresses by .Presi dent Begole and Superintendent Fuller Bwlft of Des Moines, la.. Including a con cert by the Beatrice military band and the NiKlitlngaie jubilee singers. This assembly lasts until July 18 and the management has prepared a splendid program - during the entire session. BEATRICE The Christian Woman's Board of Missions held a meeting at the Christian church yesterday afternoon. which was largely attended. Following a musical program Dr. and Mrs. Gordon, vis iting missionaries from India, told In an Interesting way of their work and the varied experiences In that coantry. MIbs Griffith, a missionary of this state, also gave a short address. She leaves soon to resume her work as a missionary in India, EXETER Since June 15 there has not been a single twenty-four hours hut there has been rainfall at some time. Tiie soil Is very wet, and haying and harvesting has been greatly retarded. Farmers are mak ing use of every minute they can get trying to save their grain, which is of a very fine quality, although the acreage is not as large as In former years. Corn Is looking fairly well, although rather backward, be cause ot too much wet, and too cold nights. FREMONT Preparations have been com pleted for the Fremont Chautauqua ses sion, which opens here tomorrow after noon and will close July 16. It will be held In Irving park. A large tent has been put up where the sessions will be held. The hrst session will be held tomorrow after noon and the opening address will be by Dr. 8. P. Cadman of Brooklyn. Governor F"lk of Missouri is to speuk on Tuesday, July 11 and the entire program will be one of interest. FREMONT The Roal Highlanders' dis trict lodge for the Sixth district was in session here yesterday afternoon. The principal business transacted was the elec tion of a delegate to the grand lodge, which meets in Denver in September. C. H. Green of this city was chosen and M. L. Hlggins of Schuyler alternate. Resolutions were adopted commending the present man agement of the order and protesting against taxing fraternal beneficiary orders on their surplus funds. NEBRASKA CITY County Clerk Busch has received a notice from the State Board of Equalisation that the assessed valua tion of lands that have been damaged by overflowing of the waters In rivers cannot be lowered. A number of farmers who own land near the Nemaha river filed a request with the Coun'y Board of Equali sation that the valuation of their land be reduced, as their property had been seri ously damaged by floods. Tha oouiily board refused to take any action In the matter until after the state board had been consulted. PLATTSMOL'TH What is believed to have been the body of a floater was seen in the Missouri riiver by several citizens last evening as it floated down the stream. It was quite dark at tha time and as there was no boat near, no effort was made to Investigate the discovery. Since yesterday tne river has been on a boom, a rise ot nearly four feet being recorded. It Is thought that If the object seen last evening was really a noater It win probaDly be washed ashore at some point along the river. BEATRICE W. H. .Walker of this city. who attended the meeting of the council of administration of the Southeastern Ne braska Veterans' association, which was held In Wymore Wednesday afternoon, re ports that, as no funds were In sight, the reunion to have been held at Wymore dur ing the week of August 14 has been can celled. The committees were given another week in which to make a Knowing relative to the raising of funds and on this show ing depends whether or not the reunion is to be held. HARVARD A hailstorm coming up sud denly at 7 o'clock last evening, in five to ten minutes destroyed thousands of dol lars Worth rtf pmid n wr ...... .. .4 few miles of this city. Many harvesters unven irom in. ripened wneat fields when the storm came, the wheat being gen erally fully ripe and farmers making all haste possible to secure their crop. The storm veered from north, going southeast and destroying much of the crops, so that farmers will lose from $100 to $1,600 in crops by the storm. FREMONT The city council held a spe cial meeting for the purpose of considering the question of street Improvements anil Incidentally what street would be wanted by the Great Northern. An attorney for the Union Paclflo was present and pro tested against closing South street. His company, he said, was prepared to fight that proposition vigorously. The Great Northern has not yet asked to have auy street closed and Is not likely to do so before the next regulse meeting. Luncheon for Americana. PARIS. July 7. President and Mm. Loubet gave a luncheon today in honor of the American special ambassadors and via King naval officers. If yssw- THE TOfJIC YOU LIS CE The most palatable malt extract on the market. Supplies nourishment to nerves and blood, aires strength to the weak energy to the exhausted. Greatest IK" Known l?'""' Clears the 'complexion, purifies and enriches the blood. For the well to keep well for the convalescent to get well quick. Builds firm, healthy, solid fleeh. At All Druggists 15c a Dottle. 20 ' Mil y "HSUMJUM CT -111.