Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 28, 1905, Image 1

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    The Omaha- Daily Bee.
Omaha's Preferred Advertising
Medium Is The Bee.
For News Quality and Quantity
The Bee Greatly Excels.
ESTABLISHED JUNE 19, 1871.
OMAHA, THUKSDAY MORNING, SEPTEMBER 28, 1905-TEN' TAGES.
SINGLE COPY THREE CENTS.
DUEL IN EXPRESS CAR
MeiMigar on Wabash. Boad and Former
Friend FiUllj Wound Each Other.
EACH MAN FIRES SEVER l
Fight Takes FJecs at Trail
Through Central Illinois,
MESSENGER TAKES FRIEND FOR
Latter Bays They Were Drisk)
. Began te QuarrsL
e.R
ad
BOTH IN HOSPITALS IN BLOOIIINGTON
Eitrninti John K. Rr Llvee la
Chicago Edward C. Greeae, the
Other Ma a, Wti Formerly la
Employ of Compaay.
BLOOMIKdTON. III., Sept. 27. One of
the most desperate encounters that ever
happened on a Wabash railroad train took
place last night between John E. Ryan,
8120 Sixty-fourth place, Chicago, a mcs-
sena-er on train No. 18, due' In Decatur at
1:11 this morning, and Edward C Greene,
tlOl South State street, Chicago, a former
express messenger and later employed with
7. 8. Bets A CO., Hammond, Ind-
Both men are seriously Injured and cannot
live, each having received three bullets
In the fight In the car which lasted for
miles.
' Greene says that he got on the express
car at Forty-seventh street, Chicago, in
tending to go to his home at Plttsfield. to
visit relatives. He was an old friend of
Ryan and the latter, lie claims, permitted
Mm to ride. He claims that he assisted
Ryan on the trip with the express matter
and that the two began drinking. Jokes
led to a quarrel and Greene says both drew
guns at the same time.
Ryan claims that the shooting began
west of Bement, while Greene avers that
the first shot was fired before the train
reach Cerro Gordo. Ryan claims that he
did not see Greene ill the car until the
train reached Cerro Gordd and he believed
that TJreene Jumped - In for the purpose
of robbery. Ryan also says that when
he told Greene that he was visiting In Chi
cago, the latter told him It was none of bis
business and pulled a gun.
. Shoot At Same Time.
The men clinched and both with re
volvers drawn rolled about on the car
floor. ' The men then separated and each
ought shelter In the car, while waiting
for the other to appear In order to shoot.
Just as the train was searing Decatur both
men fired and both went down, but were on
their feet In a short time and the duel
continued. When the train neared Decatur,
Greene opened a door and jumped from the
car. He was unable to run and was found
an hour later by the police. Ryan says
that he -believed robbery was the motive
when he shot. Greene's father Is the agent
of the Pacific Express company at Pitts.
field and his brother, Arthur Greene. Is
tht..Wt.. for. ... me company at Chl-
cago.-ev" 'A
Greene has aa ugly bullet wound In the
breast, another in the light lung, while
a third ball, lodged la the fleshy part of
the abdomen.
Ryan was shot In the left jaw, behind
the left ear and In the left shoulder, the
wounds all having been Inflicted during
ths few moments that they stood up from
behind their shelter in the car before reach
lng Decatur. Both of the men are in dlf
forent hospitals.
The officials or none of the trainmen
were aware of the terrible fight that was
' being waged cm the train until It reached
Decatur, when the car door was seen open
and the trainmen found Ryan in a pool of
blood on the floor.
. Report at Headqearters.
ST. LOUIS, Sept. SI. At the general
offices Of the Wabash Railroad company
and the offices of the Pacific Express com
peny only meager reports had been re
' cetved this forenoon concerning the pistol
duel early today between Messenger John
E. Ryan and former messenger Edward C,
Greene on the Wabash train entering De
catur. III. What caused the duel was not
known at either office, but Investigation
are being instituted.
TYPHOON DAMAGES TELE.GRAPH
General Oreely; Hears that Storm a
. Manila taterrupta Commas!,
eatioa with City.
WASHINGTON. Sept. 27. General Greeyy
chief signal officer, was advised toay
that owing to the destructive typhoon yes
terday In Manila sit the signal corps lines
leading out of that city are Interrupted.
The military secretary has received the
following cablegram from General Corbln,
commanding the Philippine division, re
gardlng the typhoon yesterday st Manila:
Another dispatch to the Navy depart
melit from Commander J. H. Milton, com
mandant of the naval station at Cavlte,
was received later In the day and stated
that the hurricane did $90.Y)0 damage to the
buildings, plant, yard and craft.
UAMIiA. Sept, 27. The worst storm
the season occurred here yesterdsv. casein
during the night. Considerable damage wa
done by the unroofing of buildings. The
post at Malahl Is reported totally destroyed.
Further reports when facts are known.
The following cablegram also has bee
received at the Navy depsrtment from Ad
mlral Relter, commanding the Asiatic fleet
. The 1-eyte. w hich wak out of commission
was sunk In the harbor and lost in th
hurricane of September M.
The Leyte was a gunboat of 150 tons an
1!8 horse power. The post at Malahl, re
ferred to by General Corbln, Is thlrty-on
mllea from Manila In I-a Guna province.
The garrison consisted of four companies
E. F, O and H, Sixteenth Infantry ae
cording td the last reports received at the
War department. There la also a military
prison at Malahl.
"STANDPATTERS" ARE IN LEAD
MasMehasetta Republican Prlmnrle
show that Tart Revisionists
Are Not Sapreme.
BOSTON. Bept. 27 That the opponent
of tariff revision and Canadian reelproclt
and the supporters of Even 8. Draper of
Ilopedale (or the party nomination for
lieutenant governor won In ths republican
primaries yesterday appeared evident to
day, when the returns from the small coun
try towns were received. A revision of th
figures seemed to show that Mr. Draper
had a good lead ovsr Cuiinel A. H. Goettln
of Springfield ana Judge Fred D. Hall of
Taunton, although many unpledged dele
gallons were chosen.
' Today democrat lo caucuses will take place
In all the cities and towns except several
thU held them yesterday. There but fs
con tea Is among the democrats.
NORWEGIANS OFFER A PLAN
Proposal Made to Refer Matter of
Form of Goverameat to
People.
CHRTSTIANIA, Norway. Sept. 17. A res
olution signed by ten deputies M Intro
duced In the Storthing at today's session
proposing, firstly, the summoning of a con
stituent Ptorthlng before the middle of No
vember to decide on the future form of the
Norwegian government, and, secondly, that
final decision of the matter be postponed
until after the elections of 190a.
PARIS, Sept. 27.-M. Ixjevland. minister
f foreign affairs of Norway, today gave
the Temps' Chrlstlanla correspondent an
uthorlied statement. He said Norway
would take steps to secure an early recog
nition by the powers.- This recognition
would cover Norway's Independent sov
ereignty without reference to the question
f the government's ststus of anarchy or
republic Which would be subsequently
determined. ,
Concerning the offer of the throne to
Prince Charles of Sweden, M. Loevland
said:
The Storthing's offer still operates as it
has not been formally and officially rejected
But Norway will not make a second offer
nor can we wait for an answer from King
Oscar. If we do not receive a response
very soon we shall consider ourselves re
lleved, and turn elsewhere. Prince Charles
of Denmark would then be the most avail
able through language and nationality,
Prince Charles of Sweden, would have re
ceived an enthusiastic welcome had he
accepted the throne. He would still be
welcome, but the people are no longer en
thusiastic."
Asked what form Norway would adopt
if the monarchy la abandoned, M. Loev-
and answered:
We shall havs to choose between three
kinds of republics. First, a monarchical
republic, like France, where the president
Is virtually king, with a fixed term; secona.
an ahanlute reDubllc. like that of the
United States, where the president Is autO'
cratlo In power, and third, a democratic
republic, like Switzerland. This last sat
isfies us best and we shall undoubtedly
adopt It."
M. Loevland read and approved the Inter
view.
CONFLAGRATION IN COLON
All Government Offices and Records
and Many Buildings Are
Destroyed.
COLON, Sept. 27. By sheer good luck the
city of Colon was saved from complete de
struction by fire last night. The fire broke
out In- a" building next to the residence of
the Spanish consul and soon destroyed the
Phoenix hotel, an American-owned building
and two other hotels, several liquor saloons
and several tenement buildings. Rowe's
building containing the postoffice, the offices
of the municipality of the governor, the
judiciary and other offices. A fire brigade
from Panama arrived at 1 o'clock but by
that time the fire was under control.
Nearly all the records and documents of
the government were destroyed. The
burned region comprises two blocks. The
American residential quarter was not
touched.
The sanitary authorities ar erecting tents
In the Are sone to shelter the homeless.
During the fire many harrowing soenei
were witnesses. Among these was the re
moval from his home, the body of the 15-
year-old daughter of Chief of Police Orltx.
The child had died a few hours before the
fire started.
WASHINGTON. Sept. 27. The Isthmian
Canal commission - today received a cable
gram from Governor Magoon stating that
the fire at Colon had destroyed nearly fifty
bouses, but that no government property
was Included. The dispatch. says that quite
a number of people are without shelter and
will be supplied with government tents,
Governor Magoon will leave Panama for
Colon today.
FIREWORKS IN SUEZ CANAL
Sankea Wreck Containing Ninety
Tons of Dynamite to Be
Blown rp Today.
PORT SAID, Sept. 27. It is definitely an
nounced that the blowing up of the British
steamer Chatham, which wss sunk In th
Sues canal September owing to the fact
that It was on fire and that the flames
threatened to reach a quantity of dynamite
which formed a part of Its cargo, will take
place at B o'clock tomorrow morning. There
are nearly ninety tons of dynamite and
other explosives on the vessel and much
curiosity, not to say fear. Is entertalped
here concerning the result of the explosion
The Chatham lies with Its navigation bridge
showing at a point twelve miles up the
canal. The sone of the military cordon
was Increased today to Ave miles. The na
fives are especially exercised over the re
suit of the explosion and many Europeans
have left for Cairo. It la expected that no
great damage will be done, but that all
traffic will certainly be stopped for several
days.
Two mines, containing 800 pounds of gela
tine dynamite, have been placed under th
from a point three miles distant.
CHOLERA CASES IN PRUSSIA
Official Bnlletln from Berlin Shows
Two Deaths and . Five
New Cases.
BERLIN, Sept. 27. The official bulletin
Issued today announced that five new cases
of cholera and two deaths occurred from
noon yesterday, to noon today, making the
totals 248 cases snd eighty-seven deaths.
ST. PETERSBURG. Sept. 27. The gov
ernment finding that the local organisation
for the prevention of the introduction of
cholera Into Baltic ports is Insufficient has
resolved to proceed at once with the equip
ment of floating hospitals for the purposes
of Inspection, disinfection and quarantine
at Riga, Llbau, Cronstadt and other ports.
CHARGES AGAINST JUDGES
Three Jurists In Kansas City Accused
of Corruption and Mlseoa-
davt la Offire.
KANSAS CITY. Sept. 27.-Informatlons
were filed In the criminal court here today
by County Prosecutor Ktmbrell against O.
L. Chrlsman and Joseph Mercer, Judges of
the county court, and Edward C. Orear.
former judge of the county court, charg
ing them with corruption and misconduct
In office. Attorneys for the county Judges
were present In court, who promised to
appear for their clients tomorrow and give
bond for their appearance. The Informa
tions are baaed on the charges that the
judges discriminated In favor of certain
alleged contractors In letting contracts for
county work. A special grand Jury which
recently considered the evidence against
the judges failed to return Indictments,
but made a report which. It Is understood,
charged the Judges with Irregularities In
Ibelr official conduct.
TAFT PARTY ARRIVES HOME
Steamer Cerea Hakes New Reoord from
Japan to Golden Oat.
SECRETARY TALKS OF INSULAR AFFAIRS
He gays Insight Into Conditions
Gained hy Senators and Repre
sentatives Will Resnlt la
Beneflclal Legislation
SAN FRANCISCO, 8ept. 27.-The Pacific
Mall Steamship company's liner Corea,
Captain Zeeder, arrived today from the
orient, beating the transpacific record by
several hours. Among Its passengers were
Secretary of War Taft and most of the
members of a party which left with Mm
for the far east on the Manchuria on July
8 last.
The Corea sailed from Tokohama on Sep
tember IT and came direct to this city.
omitting the usual stop at Honolulu. The
best time for this passage was made by
the same vessel, which held the previous
record of ten days and fifteen hours.
On this trip the ship covered the dis
tance In ten days, eleven hours and five
minutes, an average speed of over eighteen
knots for the entire trip. The steamer Em
press of Japan has made the run from
Yokohama to Victoria In ten days and ten
hours, but the distance between these points
Is about 264 miles less than that covered
by the Corea.
The following members of the original
party returned on the Corea: Secretary
of War W. H. Taft. Colonel Clarence R.
Edwards, Captain J. K. Thompson, Cop
tain William Kelly, jr.. Private Secretary
Fred W. Carpenter,- Major Guy L. Edlo,
Private Secretary James A. Le Roy, Pri
vate Secretary W. R. Palgo, 8enator and
Mrs. Nathan B. Scott, Senator and Mrs.
Fred T. Dubois, Senator Murphy J. Fos
ter, Senator Thomas M. Patterson, Repre
sentative and Mrs. Bereno Payne, Repre
sentative and Mrs. Charles Grosvenor, Rep
resentative and Mrs. W. P. Hepburn, Rep
resentative and Mrs. George W. Smith,
Representative and Mrs. David A. De
Armond, Representative and Mrs. William
A. Jones, Representative Henry A. Cooper,
Representative Charles Curtis, Representa
tive George Foss, Representative and Mrs.
Eben J. Hill. Representative Theobald
Otjen, Representative William A. Howard,
Representative and Mrs. Michael Drlscoll,
Representative Charles F. Scott, Repre
sentative A. A. Wiley, Representative and
Mrs. George A. Loud, Representative
B. Sherley, Mrs. Sherley, Representative
Newton W. Gilbert, Representative Dun
can E. Mlckelay, Representative T. B. Me
Kinley, R. Clough Anderson, Atherton
Brownell, Louis. Chapln, Charles Clark,
Miss Clark, Ward E. Copley, Colonel James
D. Hill, Mrs. Nagle, Charles T. Jobst,
William Johnson and Burr Mcintosh.
Conditions In the Philippines.
Referring to conditions in the Philippine
islands Secretary Tsft In an Interview said:
8oine of the younger men of education
have been advocating Immediate indepen
dence, it therefore becomes necessary to
state with considerable emphasis the policy
of the administration on this subject and
to say that in the opinion, mere was no
possible hope for Independence short of a
generation, because the people could not
e fitted for self-government in that time.
Indeed It will probably take a much longer
time. . ' ' -
The party consisted, - as Is known, of
democratic as well as republican senators
and congressmen, and their interviews rep
resent all sides of the Philippine question,
but with a self-restraint and moderation
which cannot be too highly commended. It
was tacitly agreed between the members
of the congressional party on both Bides
that it would be unwise for them to dis
cuss before the Filipinos their differences
Of opinion, and therefore, that any state
ment should be made by the representative
of the administration as to the -policy of
political administration. Hence the sixht
which some of the Irreconcilable Filipinos
naa nopea tor, to-wit: a constant combat
between the republican end democratic
members with the Filipino people as an
audience, was not nresented and I cannot
express too strongly my admiration of the
fatrlotlam my democratic brethren took In
he matter of remitting a diffusion of dif
ferences to proper places.
Congressmen Investigate Tariff.
Much time was spent by the congress
men In investigating agricultural conditions
with the view to the possible effect of a
possible change In tariff on the Philippine
proauction oi looacco ana sugar. An op
portunity was aiso given to those Fill
plnoa strongly In favor of Immediate in
dependence to present their views. All this
was reportea ana will De circulated doubt
less in a congressional document.
After a week's festivities In Manila the
party proceeded on the transport Logan on
a tour among me inianos.
In Manila. Hollo and Cebu we heard com
plaints of the failure of the crops and of
the stringency of the times. At Taclohan
on Leyte, one of the hemp provinces, and
again at Leganpl, the chief city of Albay,
the greatest of the hemp provinces, we
found the people very happy and a condi
tion of prosperity prevailing due to the
profitable production of hemp.
Returning to Manila, the delegation re
aumed lis Investigations while it occupied
with conferences with Govenror General
Wright, the various members of the com
mission, prominent Filipinos and others
upon Questions of governmental practice
Conditions In Japan
Referring to demonstrations In Japan
against the peace treaty the secretary said-
We heard much while we were at Rh.n.
hal of the riots In jHpan. brought about by
erclsed. as It seeniPd as If the disturbances
were directed against foreigners and eepe.
daily Americans. Upon going to the seat
of the disturbances, however, we found
them to te greatly exaggerated and that
their purpose had been confined to the ex
pression of hostility toward the ministers
and police who had most unwtselv Inter
fered with some peaceful nubile exn'ralnn
oi oiwapprovai or ine trms or tne treaty.
Our party went ashore at Kobe snd a
number went to Kl Nikko. Kvoto to k'ln
and Yokohama by rail and all were treated
with great politeness snd no one waa of
fered anv Indignity. The emperor was good
enough to send his chamberlain and others
to greet us at Yokohama, and the governors
of Yokohama and Tokio and the mavnrs of
the two cities came to explain the disturb
ances were not directed against Americans,
but against the police, and such were the
results of my Investigation.
The trip home on the Corea was verv
pleasant. Of course It Is too soon to speak
of probable legislation by congress upon
Philippine matters, but I sm sure that the
trip has added greatly to the Interest In
Philippine questions which will be taken bv
the members of congress wh'i were In the
party and that the more accurate Informa
tion which they now have would lead to
wise and Intelligent legislation.
DISCUSS ONECENT POSTAGE
Wholesale and Retail Hardware
Dealere Tnko 1'p Question of Re.
dneed Rate oa Letters.
ST. LOUIS, Bept. 7.-At a Joint meeting
of the committee composed of wholesale
and retail hardware dealers and the secre
taries of the various commercial organiza
tions throughout the country, held at the
Jefferson hotel today, the 1-cent letter post
age question was discussed. No definite
action waa taken and the question will
again occupy ths attention of the joint
meeting tomorrow. Among those who spnka
advocating the reduced postage rats were
A. T. Anderson, former postmaster of
Cleveland, - O.. and George Mcintosh of
Cleveland. ' who has had charge of the
postal affaire of the National Hardware
association tor several year -
LACK OF MORAL PRINCIPLE
President Butler of Columbia Inl
verslty Make Diagnosis of
Tronble Hi America.
J .
NEW YORK. Septr 27. Caustic comment
on some modern business methods as re
vealed by recent snd current Investigations
of onus! public financial institutions was
made by President Klchnlaa Murray But
ler in his address of welcome to the stu
dents at the opening of the college year
st Columbia university today. "Just now
the American people are receiving some
painful lessons In practical ethics," he
said. "Put bluntly, the situation which
confronts Americans today Is due to lack
of moral principle. New statutes may be
needed, but statutes will not put moral
principle where It does not exist. The
greed for gain and the greed for power has
blinded men to the distinction between
light and wrong. Both ' among business
men and at the bar are to be found ad
visers, counted shrewd and successful, who
have substituted the penal code for the
moral law aa the standard of conduct.
Right and wrong have given way to the
subtler distinction between legal, not-Illegal
and Illegal, or better, perhaps, between
honest, law-honest and dishonest. This
new triumph of mind over morals Is bad
enough In Itself, but when In addition Its
exponents secure material gain and pro
fessional prosperity It becomes a menace
to our Integrity aa a people."
The honorsry degree of doctors of laws
was conferred by Columbia university to
day on Baron Komura and 8erglus Wttte,
the senior peace plenipotentiaries of Japan
and Russia.
Former Mayor Beth Low, In presenting
the names of Baron Komura and M. Wltte,
said:
It Is fitting that a university should be
stow its honors on men who have brought
about peace between nations; for a uni
versity stands for the triumph of Ideas,
and Ideas that ennoble flourish most In an
atmosphere of peace. The soil of our coun
try has acquired a new sacredness for us,
and may we not hope for all men, because
on It. In the city of Portsmouth, the most
colossal war of modern times has been
brought to an honorable end.
In accepting the degree both Baron
Komura and M. Wltte sent letters to Presi
dent Butler, thanking him for the honor
conferred.
TIE MEN GET THE DEAD TIMBER
Sprarflsh Firm Secures Large Quan
tity In Black Hills Forest
Reserve.
(From a Staff Correspondent.)
WASHINGTON, Sept. 27.-(Special Tele
gramsThe McLaughlin Tie and Timber
company of Spearflsh, S. D., is the suc
cessful bidder for the purchase of ap
proximately 60,000.000 feet of Insect Infested
timber In the Black Hills forest reserve.
The Umber is western yellow pine, to which
bark beetles have done such great damage
that a large percentage of ths trees to be
cut Is already dead and the remainder can
live but a year or two longer. Sales of
this kind, besides bringing returns from
timber which would otherwise go to waste
In the forest, will doubtless result In rid
ding the forest In a large measure of the
destructive bark beetles. As soon as the
contract for logging, which has already
been drawn up by tho fntest. service. , Is
signed by the company' and a bond ,has
been filed the removal of timber will be
begun.
W. E. Andrews . of Hastings. Neb., au
ditor for the Treasury department, delivered
an address here tonight at the Initial pub
lic meeting of the United States Civil Ser
vice Retirement association. There was a
large attendance. The meeting marking the
beginning of an active campaign that has
been planned by the parent organisation
and Its various department branches for
furtherance of the scheme to retire super
annuated and disabled classified employes
In the government service. A committee,
of which Dr. L. Llewellyn Jordan of the
Treasury department Is chairman, has ar
ranged for several of these meetings to be
held before congress convenes In its next
session. Prominent njen In official life were
Invited to addrees these meetings to ex
plain why wornout employes of the gov
ernment should be retired.
JAP SURGEONS WERE BUSY
SargTeon Genernl of Nnvy Telia of
Precautions Takea Before
Naval Battles.
DETROIT, Mich., Sept. 27. Surgeon Gen
eral S. Suzuki of the Imperial Japanese
navy today In his address before the four
teenth convention of military surgeons of
the United States made what was declared
by Medical Director Wise of the United
States navy to be the most interesting con
tribution of modern times to naval surgery.
He sad:
Much of our success In the treatment of
wounds I ascribe to the fact that before
every engagement I ordered each member
of the crew to bathe and put on perfectly
clean underclothing. In a great many shot
wounds fragments of clothing are carried
Into the body, and our Insistence on clean
underclothing prevented many cases of
blood poisoning among our wounded. Our
experience during the wa r proved that the
conning tower of a warship Is a most dan
gerous situation. Fragments of shell pene
trate through the silts In the tower made
to furnish the commanding officer a range
of vision and do great damage. Realizing
this fact. Admiral Togo In all the naval
engagements directed nls fleet from the
rompass bridge of the Mikasa without re
ceiving the slightest wound.
The vision of the men who Are the guns
on a warship must ueceaRarlly be ofr the
very best If their shots are to count. He-
fore every engagement the surgeons In the
Japanese fleets examined carefully the eves
of all the gunners. Any of them found with
alight Impairment of vision were treated
snd If the impairment was too grave to
ylild to Immediate treatment they were
transferred to another station snd their
places filled by men whose eyes were per-
CHICAGO WOMAN IS INDICTED
Minnie l.ee, Alias Fllea Iber, Charged
with Tryiag; to Blackmail
Ohio's Governor.
CLEVELAND. O.. Sept. 27.The Cuya
hoga county grand Jury here today returned
two Indictments sgainst Minnie Lee, allss
Ellen Iber, of Chicago, on the charge of
attempting to blackmail Governor Myron
T. Herick. One Indictment charges the
woman with verbal attempt at blackmail
and the other with committing the offense
by writing. The arrest of the woman has
j been ordered snd It Is expected she will
I be taken In ciatody today without delay.
CH1CAOO. Sept. 2T.-The police sre try
ing to locate Minnie Lee, who Is best
known here as Mrs. Lawrence.
BRYAN SAILSF0R ORIENT
Kehraskaa Leaves San Franlseo oa
Steamer Manrhurla for Japan
aad Chlaa.
SAN FRANCISCO. Sept. 27 Among the
passengers on the liner Manchuria, which
silled todsy for China and Japan via Hono
lulu, were W. J. Bryan and family an!
' ; - .
PACKERS LOSE FIRST ROUND
federal Conrt Bale Against Flea in
Abatement Filed by Meat King.
OBJECTIONS T JURY ARE ARGUED
Allegation that the Panel Was Sot
Properly Draws Will Be
Considered Farther
Today. I
CHICAGO, Sept. XI. X victory was
scored today by United States District
Attorney C. B. Morrison In his struggle
to bring to a successful finish the prosecu
tion of the meat packers. During the argu
ment against a demurrer filed by Attorney
Morrison against the plea In abatement
filed some time ago by the defending at
torneys, contesting the Indictment which
charges the various packers and their as
sociates with conspiracy In restraint of
trade, the question of the right of the
packers to appear In court at the time of
the Impanelling of the federal grand jury
to challenge Jurors as they were Impaneled
was raised and Judge J. Otis Humphrey
decided In favor of the government.
Objections to Jary Argoed.
The objection by the defendants to ths
manner In which the Jury was drawn was
then taken up, and at the time of adjourn
ment tonight Attorney Rosenthal was read
ing authorities supporting his contention
that the Jury was drswn from a part of
the district without a proper order of the
court. The jury was drawn from the east
ern district of the northern division of the
state and it Is contended by the defendants
that the court ordered the jury drawn
"from the body of the district," meaning
both the eastern and western divisions.
The hearing will be resumed tomorrow
morning.
Max Sulsberger of Chicago, vice pres
ident of the Schwarzchlld At Suls
berger Packing - company, and E. B.
Fish, who la one of the trafflo offi
cials of the company, It Is announced today.
have been subpoenaed by the government
as witnesses In the Beef trust cases to
testify against Armour Co. and the other
defendants. Two other employes of the
Schwarxschild Sulzberger company have
also been subpoenaed by the government.
Officials of the Schwarxschild dc Suls
berger company pleaded guilty recently to
charges of conspiracy to Illegally obtaining
railway rebates. The offenders through
pleading guilty escaped imprisonment, being
sentenced to pay fines aggregating $2&,000.
Experts Secrets to Come Out.
The subpoenas made public today were
served several weeks ago, but the matter
was kept secret. Traffic Manager E. B.
Fish, who has been subpoenaed Is the wit
ness whom It was charged in an Indict
ment, Attorney Joseph Wetssendach and
three other men spirited away to Canada.
Government secret service men worked on
the case for a long time and finally re
ported that Bulxberger and the other three
attaches of the company are In possession
of facts concerning a meeting of packing
officials held within the past year, almost
within the time of the grand Jury Investi
gation. It was learned. It is declared, that
a representative of the Schwarscatld 4
Sulzberger company was seated at the
table about which the packers gathered.
The details of this alleged ' meeting will.
It la hoped by the prosecution be exposed
before the jury which tries the packers.
Attorney Weissenbach today, however.
strenuously denied that the Schwarschlld
Sulzberger company Is turning state's
evidence in order to "get even" with the
other packing companies. He declared
that the witnesses will go on the stand
under protest.
After a search of many weeks the gov
ernment officials have succeeded In finding
Important witness, George L. Coffin,
manager for Hammond A Co., at the stock
yards. He has been out of the city It Is
declared for some time. He was sub
poenaed today.
WESTERN MATTERS AT CAr AL
Captain Hathaway of the Signal
Corps Ordered to Fort Omaha
for Daty.
(From a Staff Correspondent.)
WASHINGTON. Sept. 27. (Special Tele
gram.) Captain Henry 8. Hathaway, signal
corps, has been relieved from duty at the
signal corps post at Fort Myer, Virginia,
and will proceed to Fort Omaha for duty.
The First National bank of Overton, Neb.,
has been authorized to begin business with
$25,1X10 capital. A. V. Dann Is president. N.
J. Paul vice president and E. R. Green
cashier. - ,
Iowa postmasters appointed: Arbor Hill,
Adair county. T. J. Carey, vice E. Nelson,
resigned; Ferguson. Marshall county, O. A.
Finders, vice G. W. I.Ingham, resigned.
Rural carriers sppolnted: lows Ellston,
route 1, Elmer Reasoner carrier, Bert Rea
soner substitute. South Dakota Slsseton,
route 2, G. O. Klvley carrier, Mrs. M. P.
Kivley substitute.
GOVERNMENT ATTACKS CARTER
Circumstantial Evidence Shows Deals
of Former Captala with Greeae
and Gnynor.
CHICAGO. Sept. 27. Attorneys for the
federal government today made a vigorous
attack on the defense of Former Captsln
-,k.ii 1 r r.-..- k.. ni,K
i obr,ln M- Carter, charged with defrauding
the government out of 12.500,009.
Circumstantial evidence was Introduced
to show that on various occasions when
large payments were msde to Gaynnr and
Greene, the contractors. Carter deposited
money alleged to be his share of the di
vision of the profits to his credit In a New
York bank. The defendant and his attorney
objected to the. Introduction of this docu
mentary evidence, consisting of bank checks
and deposit slips, the objection being based
on the ground thst there was no record In
the esse that Carter ever received money
from the contractors.
WILLIAMSON JS CONVICTED
Oregon Congressman aad Partacr
Foand Guilty of Subornation
of Prrjary.
PORTLAND. Ore.. Sept. 27.-The Jury In
the case of the United States against Con
gressman J. N. Williamson, Dr. Van Gess
ner, his partner In the live stock business.
and Marlon R. Biggs, a Prinevllle lawyer.
at 11:06 o'clock tonight returned a verdict
convicting the defendants of subornation of
perjury tn ' securing men to fraudulently
locate oa government land. The penalty
Is from tl.OuO to 110.000 fine and Imprison
ment not exceeding two years.
Great Westera laereasea Stoek.
SPRINGFIELD. 111., Sept. 27.-The Chi-
cago Great Western railway certified
tgwwe o s-,vw,vuu
NEBRASKA WETHER FORECAST
Fair Thursday nnd Warmer In South- I
wl Portion. Friday Fair and
Cooler.
Temperature at Omaha Yesterday
Hoar. Pes. Hour. Dec.
fi a. m nr 1 p. m K.1
A a. m rt S p. m l
T a. m Art Hp. m ha
a. m tie, 4 p. m K
ft a. m...... T1 B p. m at
10 a. tn Trt -rt p. m ...... M
11 a. m...... TO T p. m Tn
11 IM a p. m To
0 p. m Tl
ONLY NINETEEN NEW CASES
Report of Yellow Fever attention at
Pew Orleaaa Most Favorable
. for Many Days.
NEW ORLEANS. Sept. 27.-Report of
yellow fever situation to p. m. Wednes
day: New cases 19 New foci S
Total 2.918 Under treatment 271
Deaths 6 Discharged 2.2t
Total jso
The remarkable feature of the situation
today la the smaller number of cases, the
smallest number since the early days of the
trouble. A steady Improvement Is shown.
The country reports of new cases were:
Patterson 1 Baratarla, country. 7
Bayou Natchez.... 4 Mllllken (7 days). .10
Grosse Tete A Terre Bonne par-
Rosedale S lsh (2 days) 17
Lake Providence... 1
Second Vice President Harahan of the
Illinois Central railroad reached here today
In his private car and went Immediately
to the Btuyvesant docks for an Inspection
of the work of rebuilding there. Mr. Hara
han found the facilities ample for handling
the Immense grain', cotton and other trafflo
which has already started this way.
PE.NSACOLA. 8ept.'27.-Followlng Is the
official fever report to 6 p. m. 1
New cases 6 Total deaths It
Total 116 Discharged 47
Deaths 2 Under treatment.. 61
The disease Is confined to the same In
fected districts and no fears are enter
tained of spreading, although the authori
ties are not relinquishing their vigilance.
MIDSHIPMEN MAY STAY AWAY
Youngsters of the Knvy Get a Farther
Leave of Abseace from School
Duties.
- Owing to the condition of quarantine now
prevailing at the m.vat academy at An
napolis, ths admiral commanding has ex
tended the leave of midshipmen until Oc
tober 7. Thin news was received In Omaha
last night, where Midshipmen Alexander
Charlton and Fred Patterson, have
been spending their leaves with their par
ents. They were expecting to start at once
for Annapolis In order to report for duty
on the 1st. Other Nebraaka midshipmen
are at home. Diphtheria and typhoid fever
have occasioned a rigid quarantine at the
academy. ,
REJOICE WITH ROOSEVELT
tndlnna Yearly Meeting; of Friends
Adopts Resolution Commend
Insr the Peacemaker.
RICHMOND, Ind.. Sept. 27.-At the ses
slon of the Indiana yearly meeting of
Friends today the following resolution was
adopted:
Indiana yearly meeting of Friends, now
In session, representing 20.000 members, re
joices with thanksgiving that President
Roosevelt has been the instrument In the
hands of Providence for bringing about
peace between Russia and Japan, that the
sentiment of the nation and of the world
so heartily supports him as a peacemaker,
and that we desire his encouragement In
the promotion by all means possible for the
peace 01 tne world.
AUTO GOES INTO WIRE FENCE
Nebraska Man aad Friends Who Are
with Him Are Severely
Injured.
CHEYENNE. Wyo.. Sept. 27.-(Speclal
Telegram.) Herbert. Wehn. son of Banker
Wehn of Bridgeport. Neb., while running
at a high rate of speed on Lake Minnehaha
boulevard this evening with a party of
friends lost control of his big thirty horse
power automobile and dashed into a wire
fence. The car waa wrecked. Young Wehn
received painful Injuries. The Misses
Cronjn and O'Conneil and an unidentified
young man who were with Wehn were also
cut and bruised and their clothing torn to
shreds. v
LINCOLN MAN HURT IN WRECK
. P. Grossenp Internally Injured In
Renr End Collision Near Glen
wood, Indiana.
CONNERSVILLE, tnd , Sept. 27.-In a
resr end collision near Glen wood this after
noon, passenger train No. 1 on the C. H.
A D. crashed Into a freight train. Five
were Injured, two fatally.
J. P. Grosscup of Lincoln, Neb., sustained
a broken arm and leg and was Injured In
ternally and may die. ,
Shortly after the collision a fire started
In the debris. Most of the passenger cars
and freight was destroyed before the fire
was extinguished.
FORMER 0MAjA MAN INJURED
Shall - Is Fractured by Being
Struck by Cars la St.
Louis.
ST. LOUIS, Sept. 27.-(Speclal Telegrsm )
Joseph Williams, a newspaper man, was
found beside the track with a fractured
skull. He had evidently been struck by
the cars.
Williams was employed for a short time
a number-of yesrs ago as an editorial
writer on The Bee snd wss also connected
with Iowa and South Dakota newspspers.
Movements of Oreaa Vessels Sept. 27.
At New York Sailed: Teutonic, for Liver
pool; Staatendam. for Rotterdam: Citta dl
Torino, for Naples; United States, for
Copenhagen. Arrived: Oceanic, from Liver
pool. At Liverpool Arrived: Iberian, from Bos
ton; Marlon, from Philadelphia. Hailed:
Majestic, for New York; Westernland, for
Philadelphia.
At Southampton Balled: Kaiser Wll
helm II, fi.r New York.
At Onoa Arrived : Montevideo, from
New York. Hailed: Slcllia. for New York.
At Copenhagen Arrived: Helllg Olav,
from New York.
At Naples Arrived: Prlna Adalbert, from
New York.
At Glasgow Arrived: Montevldean, from
Boaton.
At Queeostown Arrived: Baltic, from
New York: Carpathia, from New York
At Havre balled: Sardinian, for Mon
treal. At Hong Kong Arrived: Empress of
China, from Vancouver; Mongolia, from
San Francisco.
At Cherbourg Arrived: DeuUchland,
from New York.
At Dover Arrived: Patricia, from New
York.
At Plymouth Arrived; DeuUchland,
from New Turk,
QY cjjQjj ,5 QjJ
King's Highway it Opened and J07 of ths
Fopnlacs is Uncooflned.
RECORD ATTENDANCE FOR THE FIRST DAY
Idsal Weather Eems to Brief Ont Feople
and Start the fnn Early.
PROGRAM OF VARIED WONDERS AT HAND
Free Chews of a "faifh Order and Frore
Oreat Attraction.
OTHER EXHIBITIONS WORTH THE MONEY
Eleveath Year of the Festivities of
Qulvera Promises to Exceed
Any of Its Prede
cessors. Gates 0en from 8 a. m. until iniunUM
Iand concerts. 1 snd 7 p. m.
Free Attractions Mme. Ami. aerial artist.
1:35 and 8 p. m." Phil Green, spiral tower,'
4 30 and 10. Stt p. m.; Prince Youtuckey, hlg1!
wire acts, 2:10 and 9 p. m.: slide for lite.
1:15 and M p. m.
ah snows open at 1:911 ana 7:so p. m.
Hancock loops the loop In the stadium
at 8:3rt and :S0 p. m.
Douglas County Agricultural society ex
hibit will be opened this afternoon. '
Today Is Odd Fellows' and Ancient Or
der of United Workmen's day on the King S
Highway.
Attendance at King's Hlsthwny.
HO. 19"4.
FirsCday 8,267 1,291
One of the jolllest first day crowds that
ever greeted the opening of the Ak-Sar-Ben
fall festivities passed through the stll-s
of the King's Highway yesterday and lent
a genuine holiday cheer to the carnival
grounds. Everyone entered Into the spirit
of the occasion with a sest that augurs
well for the success of the enterprise.
Promptly at 1 o'clock In the afternoon
Dlmmlck'a band and Buahea'a Ballaho
Buglers struck up a few lively alra and
then the ticket sellers began to reel oft
the strips of coupons until well along into
the evening hours. Propitious weather had
much to do with the splendid showing
made on the first day, and those In charge
of the Highway made good the promises
that the attractions would be ready at the
advertised time for the opening of the
gates.
Free Attractions Good.
Mme. Ami, aerial artist; Prince Youtuc
key, the clever Japanese high wire and
slide for life performer, and Phil Green,
spiral tower actor, gave afternoon and even
ing free entertainments that were witnessed
by large crowds. Mme. Aml'a human fly
act, with a sunburst of fireworks In the
evening. Is an unusually clever one, while
Mr. Green's act Is added to In the evening
by a pyrotechnlcal display. These free acts
will be repeated this afternoon and evening
and twice every day during the carnival.
As for the other shows on. the King's
Highway C. N. Robinson of the Ak-Sar-Ben
committee on amusement, aald last evening:
"I have seen all the shows and I must say
they re the highest class of entertainment
ever furnished at an Ak-Sar-Ben street fair.
The amusement committee Is more than
pleased with the shows being given on the
Highway."
A number of thrilling acts with animals
are being given at the trained wild animal
show. In this concession Mme. Floral n a
and M. Rlcardo enter dens of ferocious
linns and tigers and make these animals of
the Jungles do their bidding In a manner
that is little short of startling.
- In the Grecian stadium Oscar Babceck
loops the loop and files the flume at the
same time on a bicycle. Mr. Babcock
courts death every time he does this act.
the loop being equipped with an eutomatio
death trap that must move to the estima
tion of a hair to allow the rider to pass
through to the runaway. Babcock makes
the revolution In two-fifths of a second,
during which time a section of the loop
must swing fifteen feet.
Long; Jump for Water.
Charles M. Felton makes a dive of 10S
feet from a tower to a tank of water In
the stadium, while a number of other high-
class acts complete the program in this
show.
There Is not a dull moment In any of the
attractions. There la Peggy from Paris,
Clark's Roberta, Zelda, dog, monkey and
pony show. Under and Over the Sea, Plng
Pong girls. Hotel Topsy-Turvy, Ferris
wheel, glass blowers and others, making
In all over a score of shows for the enter
tainment of the carnival visiters.
James Wslsh Is Installing the moving
picture show of Nebraska acanea, which,
will prove something out of the ordinary
run of moving picture shows.
The Board of Governors of the Knights
of Ak-Sar-Ben expressed themselves last
evening as highly pleased with the way the
King's Highway was opened.
This afternoon all the Douglas County
Agricultural society's exhibits will have
been placed and ready for exhibition.
Queen LI and Holy Moses, Jr., the riding
elephant and came), were kept busy yester
day with hundreds who rode these patient
animals. The elephant, particularly, seems
to enjoy toting passengers around the
grounds.
Last evening Harold A. Bushea, superin
tendent of amusements, escorted a party
of newspaper men through the shows end
otherwise entertained them pleasantly.
Booths for Xarsery.
J. L. Brandels A Sons have generously
provided two booths on the Highway for
the rare of Infanta and small children of
mothers who may visit ths Highway with
out escort. This feature, the first of the
kind to be provided at an Ak-Bar-Ben
street fair, is intended-speclally for the out-of-town
visitors, although all mothers ar
Invited to leave their little ones at the
booths while they enjoy the attrac.tlona of
the fair. Retiring rooms for mothers wl!
be provided and every convenience for the
little folks will be furnished. These booths
will te In charge of trained attendants from
the Child Saving Institute.
All shows on the Highway will be In full
swing this evening. The booths are being
rapidly filled by local merchants.
The first of the special days on the High
way was designated aa Grand Army of
the Republic day and Shrlners' day, while
Thursday will be the special day for mem
bers of the Odd Fellows lodges and the
Ancient Order of United Workmen. .
Chief Donahue has assigned Sergeant
Vanous for special duty on the Highway.
Sergeant Var.ous will be In chsrge of the
police on the grounds and the usual good
order wiy be maintained. While Chief
Donahue realizes the occasion is One of
merriment, yet he says he will see that no
boisterous conduct Is tolerated. The police
force on the grounds will be Increased aa
the crowds Increase.
KO FLI BDl HBKHY FOR MAYOR
City's Chief Refuses to Tap Till Bvea
for a King.
No ref tewing stand In front of the city,
hall, no speech, by. the mayor weloomlnj