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    The Omaha Daily Bee.
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ESTABLISHED JUNE 19, 1871.
OMAHA, TUESDAY MORNING, OCTOBER 10, 11)03 TEN PAGES.
SINGLE COPY THREE CENTS.
RAMSEY LOSES CASE
Federal Canrt Befnsei Injunction liked
Denoted Wabash Preiident
. I J;
ay-ntm s
GOULD LINES MAY VOTE THEIR STOCK h
mmMmm '
Judge Finds that Plaintiff Doei flotUm
Inta Canrt with Clean Hands.
STATE LAW FREQUENTLY VIOLATE
Ramiey Often Did Sam Acta He Beeki to
Pretent Others from Deing.
ELECTION TAKES PLACE IN TOLEDO TO AY
Earh Leader, with Hla Legal Ad
rluri and Supporters. Awaited
MerUlon In the Ohio
City.
cT. LOUIS, Oct. 9. m the 8t. Louis cir
cuit court today Judge Daniel O. Taylor
oenlfd the application ot Joseph Ramsey,
jr., deposed president of the Wabash rail
road, for an Injunction to restrain the
Missouri pacific and Iron Mountain road
for their trustees from vot'ng Wabash
took held by or for those railroads In
the annual Wabash election to be held in
Toledo tomorrow.
News of the decision waa telegraphed at
once to Toledo, where George J. Gould and
hla supporters and Joseph Ramsey and his
personal advisers are awaiting the deri
sion. The failure of the injunction suit
which, If successful, would have tied up a
large block of Gould stock, la regarded as
a most Important victory tor the Gould
interesta.
Judge Taylor'a decision In part follows:
It appeara from the plaintiff a verified
bill and the verified returns f such of
the defendants as have been served In this
case and the evidence adduced upon the
bearing for a preliminary Injunction, that
the plaintiff ,1s a minority stockholder of
the Wabash Railroad company, that the
Missouri Pacific Railway company Is the
beneficiary owner of 2,u0f shares of the
Stock of the Wabash Railroad company,
which are now registered upon the stock
booka of the Wabash Railroad company In
the name of H. M. W;alker, under an In
strument of pledge given to secure certain
onugauona 01 tne Missouri lacnic niiwjr .
company, held by persons who are stran
gers In this suit: that the St. Louts, Iron
Mountali & Southern Railway company,
practically all the shares of which are
owned by the Missouri Pacific Railway
company, has an interest In $6,O,i10 of
the debenture bonds of the Wabash com-
fan, which are In the possession of and
egistered on the books of the Wabash
company in the name of the Mercantile
TruAt company of New York, under the
terms of Wabash company's unifying and
refunding .norlgtrge, ami owna t&.wii shares
of the preferred slock of the Wabash com
pany, which are In the name of George
Gould arid W, L. Wilson; that George
Gould Is the -chief executive officer of all
three of defendant railroad companies, and
that the board of directors of all three of
them are composed largely of the same
persons, while the principal active officers
of flie Iron Mountain and Missouri Pacific
companies are practically the same, and at
the last meeting of the stockholders of the
Wabash company, held In Oclolier, 1804,
tlie pliilntlft, holding proxies and reproaent
infrlMisaaHrJi Nutria and iron Mountain
n.n.jmnlee "bntritugs in the Wabash, com
pany, as well aa those nf others, cast all
' of the b'tliots at the meeting and elected
toe entire' present board of directors of the
Wabash company. '
: it also appears that while the defendant
Wabash company and the Missouri Racine
company have lines extending through
various parts of tle United States; that
both of them have Missouri charters and
the most important , portions of their Mis
souri lines are those extending across the
state of Missouri from' St.- lxmls to Kan
sas City and from Kansas City to 6t.
Louis.
A lie Kes Lines Should Compete.
The plaintiff complains that the Wabash
company and the Missouri Pacific company
are parallel and competing lines within
I lie meaning of the provisions of section 17,
article xll of the constitution of Missouri
and of section 112 of the Missouri statutes,
and hence that tile holding of tnese securi
ties of the Wabash Railroad company by
the Missouri Racine company Is Illegal and
that Inasmuch as tho Missouri Pucllic com
pany owns and controls nil of the stock of
the lion Moiintniu company: that the
holding of the Wabash by the Iron Moun-
Itl 111 i.TtJllllCill J im iiiCfA'U wt autre mm tan-
not be done Indirectly which cannot be
done directly, and seeks by his hill filed
herein to enjoin the voting of these secun-
ties at the meeting of tne Wabash coin-
pny tq be held October W upon the
(round that they are Illegally owned and
will be voted so as to effectuate a p irpose
to stifle competition between the Missouri
Pacific and Wabash companies in Missouri
through the operation of these two com
peting lines under one control and in com
bination, and that lie, as, a stockholder in
the Wabash company, will be irjured
thereby.
All of the defendants who have appeared
or been served disavow such Illegal pur
pose and attack the good fp.lth of the
!4ainttrf's application. The court finds the
record In this case so -niet with evidence
pf violations of the provisions of co. tai i
of the Missouri laws iiuiuki for the pro
tection of the public thai It has been loath
to reach the conclusions herein expressed.
Ramsey's Hands Sot Clean.
The record developa the fact that at the
t Immi dnniwl election of the Wabash Rall-
rnea company tne planum, riauisey. nuiu-
ing the proxies of the then and now owners
Ol uirvu vny inuiri ui biui, inn vuiiiiB "l '
which he now seeks to nave enjoined, voted
all of them for the election of the very per
sona whom he now charges will, If elected,
so conduct the property of the Wabash
road as to not only violate the provisions
of the laws ot Missouri, but will also so
conduct the same as to Injure him. 1 am
of the view that this action of plulntlfT a
la sufficient to compel the court to deny him
the relief which he seeks In the absence of
proof showing that something has trans
pired since tha time of such voting of thla
stock by him which would Indicate that tho
purposes ot those Who will l.o elected bv
the voting of this stock at the meeting to
be held ou October 10 will be different ironi
those ot the persons elected bv the
yialntlff. ... t . . .receive her. During the Journey she re-
The order will therefore be that the rule ' ,lv,rt rr-.tlnirs r.f welcome t th -heretofore
made upon the defendants to I c,ve1 greetings or welcome at the prln
show cause why a preliminary Injunction ' clpal stations. At I tsunomiya she was met
should not tw Issued will be vacated and
plaintiff a application lor a temporary In-
Junction denied.
The Junior member of the tlrm of Leu-
mann Lehmann. counsel for Ramsey. In
conducting the petition for injunction made
the following statement;
We have rtothlng to say regarding the
decision. If the sliarea of slock held by the
Missouri Pad nc and iron Mountain Rail
way companies are Illegally held, as the
court iuttinated ill the decision, and the
voting of those shares determines (he re
sult of the election at Toledo, then there
Is nothing to prevent the state of Missouri
or a stockholder in the Wabash company
who objects to the voting of this stock
and who haa not himself acquiesced In the
holding ot the slock in the past from at
tacking the validity of the election.
KLECTION
TODAY
AT TOLEDO
Mr.
Ramsey Withdraws Application
for Mr mora I of Inspectors.
TOLEDO. O., Oct. I George J. Gould
arrived in Toledo late this afternoon, ready
for tha annual meeting of the Wabash
railroad, which is to be held tomorrow.
Joseph Ramsey, Jr., ex-president of tho
road, the former friend and prsMiit an
tagonist of Mr. Gould, Is also on the ground
prepared to fight for the conUol of the
Wabauh system. With Mr. Gouid came
Wlnslow 8. Pierce, a director of Uie
Wabash and air. Gould's legal adviserj
Kdgkr T. Welles, and Coloiml W. H. Blo.1
ti, vice presidents of tha system, and
K. T. Jtffray, preaident of the Denver A
MOSCOW STRIKE CONTINUES
Large Details of Soldiers aad roller
PrnrT Com pant I rely
Good Order.
108COW, Oct. 9. -After the exciting
-'nts of the lait three days, today passed
tranqullty. The strike
th bakers, printer and carmen con-
- . a j j i a .. u tl.Ai.t.Ual
,eohan,.g. Two Iarse .-atherings of the
ft irlkers were held In the open air, at
fhlch red flags were waved, but other
vise the proceeding were orderly and the
;nanlfestants dispersed of their own ac
cord. There were no collisions with the
troops arid the feeling was much lesa
tense. All the atorea except the Phllllppoff
bakery were open.
Traffic was resumed on all the streets
with the exception of the Tverskol boule
vard, the center of the previous disorders,
which was closed with troops and police
at nil the Intersecting streets. Detach
ments of Cossacks, dragoons and mounted
police patrolled this place and kept the
crowds moving. Infantrymen and cavalry
were held under arms in the court yarda
of the pollco stations in various quarters
of the city.
The non-appearance of the newspapers,
resulting In a lark of authentic informa
tion, furnished a field for many alarming
rumors. Among these rumors was one to
the effect that there had been a collision
between the troops and the mob, In which
fen persons, variously reported as Cos
sacks, police or civilians, were killed. This
rumor has been authoritatively denied. It
was also reported that artillery had been
posted In front of the palace of Governor
General Durnovo for the purpose of de
fending it against anticipated attacks.
A meeting of workmen held during the
day sent a deputation to the chief of
police to ask permission for the holding
of a mass meeting to discuss questions
relating to the strike. Notwithstanding
that this request was refused, a crowd of
2,000 persons assembled at 8 o'clock this
evening in the presence of strong detach
ments of Cossacks and other troops and
resolved to continue the strike until all
the employers had granted the strikers'
demands. The meeting then dispersed,
voting to'reassemble tomorrow.
The number of persons wounded In the
previous disorders has not been definitely
established, but It Is believed to be about
100, of which number twenty-flve are po
lice or soldiers. One policeman has died
of his wounds and several others, Includ
ing officers, are suffering from serious in
juries.
Two hundred strikers were arrested at
the Philllppotr bakery Sunday and taken
to the court yard of police headquarters,
where they were severely beaten before
being released. None of the bakery strik
ers were killed.
Tho strike of the bakers has caused
aharji rise in the price of bread and the
supply is sufficient only for two days.
The railroad employes are threatening
to Join the ranks of the atrikera.
ST. PETERSBURG, Oct. .-General Tro
poff, assistant minister of the Interior, haa
been Informed by telephone from Afoscow
that no serious disorders occurred there
last night and that the situation waa
sllgtly mora reassuring thla morning. The
strike la spreading, however, and the
authorities evidently are very apprehen
sive. They are hopeful, However, that the
St. Petersburg workmen will not. be af
fected. A serious development at Moscow today
was an attempt to Interrupt railroad com
munication. The rails were tampered with
a short distance from Moscow, causing the
derailment of a train, but there were no
casualties.
The ministry of the Interior admlta that
three Cossack policemen were killed yee
terday, but haa no confirmation of a dis
patch received by the Rusa from Moscow
saying that eight bakers were killed In
an affray at a bakery, and are Inclined to
question Its accuracy, saying that their
udvlccs do not mention audi an event, and
pointing out that It Is hardly possible for
troops firing volleys from a narrow street
to Injure strikers stoning them from the
fourth story-windows.
The report telegraphed to the Rusa that
i . . . . . . ...
el,,t lkers were killed at Moscow yes-
terday turns out to be Incorrect. The
maln streets and squares of Moscow are
, . . ,. ,, ,
occupied by police, as well as by two
regiments of grenadiers, a aquadron of
dragoons and eight squadrona of Cossacks,
The throwing of bombs at the troopa at
Tlflls yesterday evening, which resulted In
the soldiers firing on the people, appeara
to have been the outcome of a deliberately
organized plot. . Ten bombs were thrown
simultaneously in the vicinity of three
barracks In widely separated quarters of
the city Shots also were fired at the sol
diers as they rushed out of the barracks,
but the loss of life was confined to one
Cossack and one bomb thrower. In addi
tion twenty persons were wounded.
The report that martial law has been
declared at Moscow is authoritatively de-
j iiicu. iu ujn'.uruancci were reported at
Moscow today up to 6 o'clock In the after-
noon.
RECEPTIONS F0R AMERICANS
Japanese Will Entertain Mlaa Roose
velt aad E. H. llarrlmaa
at Toklo.
TOKIO, Oct. 9. Noon-Misa Alice Roose
velt waa given an enthusiastic reception
I ' Nlkko. Nearly all of the prominent
i families were represented at the station to
I by the governor and delegates from the
Ladies- Patriotic league, who presented
.,,.
I morrow. October 10. i hla artistic real-
1 dence In honor of Mr. E. H. Harrlman.
president oi the Southern Pacific company.
ine guests will include the leading society
people and business men of the city.
NORWAY AFFIRMS AGREEMENT
ktorthlaa- by aa ernkrlnisg
Majority Ratifies the Treaty
I of Karlstad.
CHRI8TINAIA, Norway. Oct. 10. After
two days spent in excited discussion, the
Storthing at 1:30 o'closk this morning pro
ceeded to a division on the proposal of the
republican minority to submit the Karl-
stad agreement concerning the dissolution
of the union between Norway and Sweden
to a referendum.
The proposal waa rejected by a vote of
100 to 8. The agreement waa then ac
cepted by a vote of 101 to 11
This Is a great victory for th egovern
niect Earthquake In Italy.
MONTELKON. Italy, Oct. .-A strong
earthquake shock was felt here last night
and caused a panic among the Inhabitants,
who are tittll suffering from the terror and
privation raaulUnjC from the last catas-
tlGIlH-FDUR INDICTMENTS
Grand Jorj Tnrna in Aaother Batch of
Chargea Againat Dougherty.
ALLEGE FORGERY AND EMBEZZLEMENT
Peoria Ranker-Educator Loses Hla
Orasea Front aad Shows
First Signs of Col
lapse, TEORiA, 111., Oct. .-6hortly before I
o'clock this afternoon the grand Jury re
ported eighty-four Indictments against
Newton C. Dougherty In addition to the
thirteen already found. Forty-five of these
are for forgery, each containing eight
counts. Thirty-nine are for embeaslement,
each containing six counts. The amounta
involved are from 14.40 to $600.
Bonds are fixed In the sum of $1,000 on
each indictment for forgery and for $WW on
each for embezxlement, making a total of
.JM.6O0.
Joseph Weil, Dougherty's attorney, an
nounced that he would appear in court of
his own accord.
The grand Jury l not yet through and
It is expected by the end of the week in
dictments wll be returned Implicating other
Feorlnns.
It 1 said on good authority' that Dough
erty will not confess, but that ha will plead
not guilty and put up a defense of Insanity
being caused by a fall from a horse some
years ago.
Dougherty showed the first slsma of col
lapse today. For the first time he
remained at his home this morning. He has
lost the brazen front which has been main
tained throughout the last week.
Newton C-. Dougherty tonight drove to
the county Jail and delivered himself Into
the custody of the sheriff. He was locked
In a cell.
Interview with Doaa-herty.
CHICAGO, Oct. 9. A special to the Dally
KNews from Peoria says:
"If I have done a wrong," Dougherty said
to the News correspondent, "I suppose I
ought to be punished for It."
"Do you ascribe your present prosecution
to any political Influence?" he was asked.
"No, I cannot," he answered. "It can be
ascribed to the wave of reform which seems
to be sweeping over the country. It Is
shown In the Investigation of the life In
surance companies, In the Milwaukee graft
investigation and similar Investigations In
other cities, and In some Instances these
investigations have accomplshed a great
deal of good.." ,
Reverting to hla dealings with the Peoria
National bank Dougherty declared that he
bad no personal knowledge of the bank's
affairs.
Dougherty, It would appear, waa prac
tically a "dummy" president. As the head
of the bank Institution he received a nomi
nal salary, less than $1,000 a year. He
merely attended the directors' meetings and
concurred in anything hla fellow officers
placed before him for approval.
"I am a teacher and not a banker," was
the way he expressed his position, "and
I left the management of the bank la the
hands tf the experienced men."- ' . ..
It may be said that the ecperienee as
a banker of one of the other officials was
limited to the management of a Jewelry
store In Qulncy before hla connection with
the bank.
"I took the position of president under
protest," declared Dougherty, "Just because
there was no one else to take It. I did
not want It."
Deposit to Cover Errors.
"It la aald that the $186,000 In securities
which you hare put up to cover the short
ages In the school fund will not prove
worth their face value, Mr. Dougherty. Do
you wish to make a statement in reference
to that?"
"Don't call It shortages. No, rather any
errora that may be found In the school
funds. That Is what I put these securities
up for and they will be found all right,"
he said.
Dougherty waa asked to make an ex
planation of the charges made by the grand
Jury involving the school funds transac
tions. "Oh, I suppose there are errors. I am not
a bookkeeper but a teacher and know
nothing of bookkeeping. It la possible that
many errora will be found."
"Did not the school board keep a regular
set of books, seeing the expenditures were
$300,000 to $400,000 a year?"
"No, it had no need of books. It received
moneys from three sources taxes, state
appropriations and rents. These moneys
were divided about equally between the
Central National bank and the Peoria Na
tional. , The various boards passed and
approved bills and they were paid from this
fund. The Peoria National paid all the
checks and drew on the Central National
when It needed .more money. That Is all
the bookkeeping there was to the school
fund."
It is estimated now that the shortages
In the school fund amounted to an average
, , .
of $40,000 a year for most of the twenty
seven yeara of Dougherty'a management
of the school fund affairs. It ia believed
the total will reach $750,000.
The money Is supposed to have beep lost
largely in a slump in steel stock and in
western mining ventures.
MONK GIBS0N IS CAUGHT
Texas Rearm Aceased of Marder Is
In Jail SarroandVd by
Mllltla.
HOL 1 Tex ct- -Monk Gibson.
the negro accused of complicity in the mur
der of the Conditt family at Edna, haa
been P"rel lodged in the Edna Jail,
I The trooP" ,nt by the tovernor are still
quartered at Edna and Glbaon will escape
mob vlolenoe. He was discovered sleep
ing in an outhouse by Walter Warren, col
ored. Warren notified the sheriff, who with
the mllltla lodged the fugitive In Jail.
JUDGE . CALHOUN RETURNS
Special Commissioner to Venesaela
Will Go to Washington to
Make Report.
NEW YORK. Oct. . Judge W. J. Cal
houn, who went to Venezuela several
months ago as a special commissioner rep
resenting the United States government.
i returned to New York today on the
steamer Caracas. He will go to Washing
ton today.
FUGITIVES ARE AT SAVANNAH
Greene and Garner Reach Place
Where They Are to
Be Tried.
SAVANNAH, Ga Oct . -John F. Gay.
nor and B. D. Greene, the men who fought
extradition - to the United States from
Canada for so many yeara. arrived here
today. The prisoners were at once taken
iie Jail by United ft (a us MiU4 W&Ue.
ELECTED TO HALL OF FAMEjPAT CROWE IN CITY JAlL
Tablets Will lie Ererted to the
Memory of U'hlttler, Lowell
and aherntaa.
NEW YORK, Oct. 9.-The votes In the
second election for the hall of fame wer
canvassed today. Only three names were
chosen to receive tablets In the five classes
In which the canvassing waa completed
with those of John Greenleaf Whltticr and
James Russell Lowell on the class of au
thors and that of General William T. Sher
man In the clasa of soldiers. The Elections
will continue tomorrow.
Those which failed of election to tha
hall of fame, having reci'.ved- less than
fifty-one votes, were:
Authors Oliver Wendell Holmes and
James Fenlmore Cooper, 48 votes each;
William Cullen Bryant, John L.' Motley
and Krancla Parkman. 4 each; Edgar Al
lan Poe, 43; George Bancroft, fS; Horace
Greelev, 34- Noah Webster, 3i; William II.
Prescott. 25; William Lloyd Garrison, 20.
Teachers Mark Hopkins, 38; Matthew
Blmjpson, 29.
The hall of fame waa opened at Univer
sity Heights five years ago, at which time
twenty-nine tablets were unveiled, dedi
cated to the following: Kmereon, Longfel
low, Irving. Hawthorne.. Edwards, Horace
Mann, Beecher, Chaining, Fulton. Morse,
Whlttler, Audubon, Gray Grant, Farragut,
Lee, Washington, Lincoln, Webster, Frank
lin, Jefferson, Clay, John' Adams, Marshall,
Kent, Storey, Peabody, .fltuart and Peter
Cooper. ...
A new building is to e erected In the
near future to form art adddltlon to the
present hall of fame, -trtilch will be de
voted to women and fofelgn-born Ameri
cans. The names of thftae to be honored
by tablets In thla new1 building, the ground
with those elected to be added to the groupa
In the old building, will be announced to
morrow. WESTERN INDEMNITY FIGHT
Report that Lawyers Had Aarreed to
Compromise Denied by Policy
Holders' Committee.
CHICAGO, Oct. .Lawyers Interested In
the struggle over the management of the
Western Life Indemnity company will meet
again tomorrow before Judge Kohlsaat in
the United States circuit court and con
tinue the argument on the demurrer to
the bill of complaints filed by three of the
policy holders, charging E. X. Rosenfeld
and other officials of the company with
fraud. It had been recommended laet weekday, Besides the crew from the police
by Judge Kohlsaat, after the adjournment
of court several days ago, that the lawyers
"get together" and settle the controversy
out of court, so that the best interests of
the policy holders In the company be con
served. Reports were Circulated that this
had been accomplished and that Judge
Kohlsaat would be asked to alt aa an um
pire unofficially and settle the matter. A
statement haa been Issued, however, to all
policyholders by the pollcyholdera commit
tee denying these reports and asking that
proxies he sent In to oust the present of
ficials from office. ;
ARGUING THE PACKERS' CASES
Attorney for Chleaao - Elen Talks In
Favor of Dlfmlaalngj Gov-'
ernment Chararea. .
CHICAGO, Oct 9. Argumenta agc.tnst
the indictment of the packers charged with
conspiracy to monopolize the meat trade
of the country were begun today before
Federal Judge J. Otis Humphrey.
Attorney John 8. Miller, counsel for the
defendants, opened the arguments, using
the demurrer used last Friday aa a basis.
When Attorney Miller completed his ar
gument Special Assistant Attorney General
E. Pagln made a short argument on the
merits of the indictment which he drew.
He waa followed by Attorney Rosenthal for
the packera, who argued until adjournment.
Tomorrow morning Attorney Rosenthal
will resume his argumenta and will be fol
lowed by District Attorney C. B. Morri
son. It is believed tonight that all the
arguments will be completed tomorrow and
the whole matter will be submitted to Judge
Humphrey for a decision.
HUGHES DECLINES THE PLACE
Counsel for Insnrance Committee
Will 3ot Ran for Mayor
of New York.
NEW YORK, Oct. 9Charlea E. Kughea,
counsel for the Insurance Investigating oora
mlttee, today declined the republican nomi
nation for mayor of New York.
In stating his grounds for refusing the
nomination which was tendered him by un
animoua vote. Mr. Hughes said:
In this dilemma I have slmolv to do my
duty as I see it. In my Judgment I have no
right to accept the nomination. A
paramount public duty forbids it.
It is not necessary to enlarge upon the
Importance of the Insurance Investigation.
It la undisputed. The dealing of questions
vital to the interests of millions of our
,le" mrougnoui tne lanu
J presents an opportunity for public aervice
fellow citizens throughout the land
second to none and Involves a co-relative
responsibility. This work commands all
my energies, it is imperative that l con
tinue in it. You have frankly recognised
that it must continue unembarrassed and
with unimpaired efficiency. But it la en
tirely clear to me that thla cAn not be if
1 accept the nomination.
TWO PEOPLE FOUND DEAD
Territory school Teacher Hilled by
Her Lover, Who Commits
suicide.
HASKELL. I. T., Oct. 9.-The bodies of
Miss Margaret Lindsay, a school teacher,
and Joseph B. Buelah, a barber, were found
today In the road three miles north of
Haskell. There were marks of violence on
the bodies and a revolver waa found near
the scene. The couple wore last seen alive
on Sunday evening when they drove out of
Haskell In a buggy. The woman taught
at the Bluff county school near Haskell.
Beulah lived at Bixby.
Later developmenta made it apparent
that Buelah had murdered the woman and
then committed suicide. Both bad been
shot In the breast, the bullets In each case
barely missing the heart There were pow
der marks on Buelah's body indicating that
he had held the revolver close to his breast
when he shot himself.
LAST WEEK 0F EXPOSITION
success of Lewie and tlark Centra
. nlal surpasses Expectation
of Friends. I
PORTLAND. Ore., Oct. 9 -This week will
mark the close of ihe Lewis and Clark ex
position after a successful career, not
anticli ated by een the most enthusiastic
supporters of the project. Before the clos
ing day is over the fair will have recorded
an attendance of practically 2.2Ui.OiiO per
sons, which, considering the fact that the
combined population of the old Oregon
territory is hardly equai U that number,
abupat phenomenal,
Kotorioua fugitive Finally Caged j tha
tjoeal Polioe.
LOOKS WELL AND TALKS QUITE FREELY
Trnth will Come Out at llta Trial,
He Says, and Declines to Disease
the Cudahy Affair at
Present.
At Just 8.45 o'clock last evening Desk
Sergeant Havey of the police atatlon, Elev
enth and Dodge streets, had occasion to
book a prisoner who gave hla name aa
Patrick Crowe; address, Omaha; occupa
tion that of a butcher and age $6 yeara.
The man was charged with shooting w.itli
Intent to kill and wound, the more specific
charge, aa contained In tha complaint filed
against him, being that of shooting Patrol
man Albert H. Jackson on the 6th day of
laet month at Sixteenth and Center atreeta.
So far as mere formalities went Crowe waa
treated aa any prisoner who might come
under the Jurisdiction of the police, but
from point of general Interest he enlisted
more interest than any prisoner booked at
the city Jail for years.
Pat Crowe arrived In Omaha last even
ing at S:26 on Union Pacific . train No.
from Butte. Mont., securely handcuffed to
Detective Henry Hellfeldt of the Omaha
detective force. Anticipating a Jarge crowd
of curious people at the Union atatlon
Chief of Police Donahue detailed a cordon
of twelve policemen In uniform and a
number of plain clothes men, to guard
against any eventualities and to make an
aisle for the prisoner from the train to
the patrol wagon In waiting at the north
end of the Union station. Several thou
sand citizens congregated at the station
and as the notorious alleged kidnaper was
marched down the aisle of curloua facea
quite a number ventured ' to give what
might be termed a cheer. Crowe took
cognizance of the reception by scanning
the small sea of faces and smiling.
Hurried Away to Jail.
Crowe was hastened to the patrol wagon
without any delay. 'As the crowd tried to
run after the wagon Driver Murphy
whipped up the horses and In a Jtffy the
wagon waa at the police station In the
same manner aa happens many times every
station and the noted prisoner were Cap
tain Dunn, Detective Heltfeldt and a num
ber of newspaper correspondents. On the
way to the police station Crowe sat ne
tween a reporter and Detective Heltfeldt
and chatted cheerfully along the way. He
noted keenly every little Incident and gave
no evidence of nervousness of any kind.
The prisoner entted the office of the
police station handcuffed to Detective Helt
feldt. who was appointed aa custodian of
the prisoner by the governor of Montana.
Captain Dunn unlocked the cuffs and then
Crowe and Chief , Donahtfe shook hands.
In an Instant Crowe recognized ' Special
Agent Vlzzard of the Union Paciflc and
greeted him cordially. The third person
to be greeted by Crowe was Ben Keegan,
a-n old Omaha ft tend". - '" -v " -
Aa the- handcuffs' were slipped from
Crowe's hand he gave vent t a small
sigh and remarked:
"This is quite a relief."
Then Sergeant Havey booked the prisoner
In the most matter-of-fact way and he-waa
assigned to cell No. , one of the large
cells of the city Jail.
Appetite Still Good
"What do you want for supper T" was
asked by Captain Dunn,
Pat'a order was: Rare porterhouse ateak,
German fried potatoes, coffee with cream
and augar, and desert, all of which waa
sent in a few minutes from a restaurant
Chief of Police Donahue did not go to
the Union station, but remained at the
police atatlon for the coming of the much
looked for prisoner. When the prisoner
had been booked and shown his cell the
chief Issued strict orders that no one be
allowed to see Crowe during the evening,
except newspaper men, and only then on
condition that Crowe expressed a willing
ness to see them.
Mr. Crowe greeted a representative from
The Bee most cordially and was frank to
say that of all tho papers he had read in
recent years The Bee had treated him
with the most fairness.
"When my case comes to trial," he aaid.
the truth will come out. God will take
care of me; He takes care of everyone and
He makes no mistakes. It Is not so much
for my personal liberty that I am con
cerned, but rather to return to the old
honest life I led in Omaha many years ago.
Why, I worked for my board at Thirtieth
and Farnam atreeta for Henry Honeff years
ago and lead a life that waa really honest."
Declines to Discuss Cane,
Asked whether he wished to make any
statement regarding the Cudahy affair, Mr,
Crowe aald he positively would not at thla
time.
Regarding hla movements during the last
Ave yeara Crowe would not talk, but when
asked by the desk sergeant what his occu
patlon waa he aald, faoetloualy, "Dodging
the policemen for Ave years."
In regard to hla brother Anthony, re
ported to have been In league with htm a
Butte, Crowe said he had not seen that
brother for Ave years and did not know
anything of the reported effort of the
brother to raise money for the defense In
Omaha.
Appearance of the Prisoner.
"It haa not been due to my brains that
have not been caught, but rather to m
appearance," aald Crowe last evening. And
the man's general appearances do not be
He hla own statement. He is one of the
last men the average person would pick out
as being the alleged kidnaper who has been
written about for years all over the civil
Ized world. He aald last evening he is U
and he looks no older. He has a full face
and a smile that would win confidence any
where. The telegraphic reports that he has
a ministerial appearance were not at all
exaggerated. The man'a language la careful
and hla voice la sort. He arrived last even
Ing In a new suit of clothes and overcoat,
Crowe expects to engage counsel today,
As for his preliminary hearing In police
court, that remalna for the county attorney,
but the impression is that the matter will
be expedited as much aa possible.
As for the trip home. Captain Dunn and
Detective Heltfeldt have nothing of special
Interest to relate aside from saying that
the train attracted general interest all
along the way. Crowe waa bound In some
manner to Detective Hellfeldt ail the way
from Butte to Omaha.
It la
coincidence that the last and only
previous time Crone was booked at ire
Omaha police station was by Sergeant
Havey. who registered the prisoner last
evenlng. The other occasion rat about
fifteen yeara ago. when Crowe had a meat
market at Fifteenth and Davenport atreeta.
Another coincidence la that Detective Helt
feldt, who had the custody of the prisoner,
. tfvoUpua.d on tnlltl flfij-
I
NEBRASKA WEATHER FORECAST
Pair Tnesday. Wednesday Fair and
Cooler.
Temperatnre at Omaha Yesterday!
Hour
Deav
. nit
. R.I
. fix
. RO
. 4
. 4
.
. 4
Hoar.
1 P.
a p.
a p.
4 p.
R p.
p.
T P.
P.
p.
Deer.
K a. m
a. m
T a. m. . . . ,
a a. in
A a. m
lO a. m
4T
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4
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41)
40
11 a
la m
STUDENTS HGHT, FLAMES
Classmen Save Balldlasr of the Inl
verslty of California front
Destreetloti.
BERKELEY, Cal.. Oct. .-A fierce fire
swept over the Berkeley hills behind the
University of California today and had It
not been for the heroic work of 1.000 atu
dents from the university and for the
efforts of the Berkeley fire department
assisted by hundreds of citizens the prop
erty to the east would have been destroyed.
The flames were first discovered In Straw
berry canyon at 11 o'clock. Fanned by a
north gale that blew all day the great sheet
of flames swept the hillside and bore down
toward the university buildings. Seeing
the danger. President Wheeler dismissed
the student cadets. The cadets were as
sembled on the campus for drill, and Pres
ident Wheeler called upon them to fight
the flames, president Wheeler himself led
the students, and hatless and costless they
fought the flames with wet sacks until
late thla afternoon,' not even stopping for
dinner. Many students had narrow escapes
from the flames. Prentiss 8. Grey, presi
dent of the student body; Ray Gabhert,
editor of the Blue and Gold, and Ray
Elliott, a foot ball player at the head of
one division, were cut off by a circle of
fire and compelled to wrap themeelvea In
wet aacks to save their lives. Others, In
cluding many professors, were scorched
and burned.
By 8 o'clock tonight the flames were well
under control though still burning. The
Are, which Is headed east toward the Pied
mont, district, haa burned over three miles
of territory. A guard of students will re
main on the hillside tonight to prevent
spread of the Are.
DUNNE'S PLAN IS REJECTED
Chlcasro Council Votes Down Contract
Scheme for Acquiring the
City Railways.
CHICAGO. Oct. .-Mayor Edward F.
Dunne placed hla "contract" plan for mu
nicipal ownership before the city council
tonight and It was defeated by a vote of
4fi to 18. The plan provided for the organ
ization of a corporation and the Issuance
of certificates under what la known aa the
Mueller law.
Out of the sale of these certificates the
first ninety miles of street railways was
to be constructed, paralleling existing lines.
It la expected that the mayor will now
abandon this plan and bring In Ita place
hla alternative or "city plan." This con
templates the acquirement by purchase or
condemnation .at all the Ur.es . of the ex
isting street car companies.
HARRIMAN IS REACHING OUT
Portland Hears that He Has Option
on Independent Oregon
. ' Line.
PORTLAND, Ore.. Oct. 9. According to
the Oregonlan today, E. H. Harrlman haa
been given an opport option on the Astoria
Columbia River railroad, and It will be
decided within the next thirty days whether
the road will be purchased by him or not.
The price Is said to be $40,000 per mile.
The Astoria & Columbia River road ex
tends from Doble, a point forty mllea north
of this city, to the Pacific ocean, a distance
of about 100 miles. It haa a traffic lease
over the Northern Paciflc railway, by which
it' secures entry into Portland, running
ninety-five years more. The annual rental
la $26,000.
FIERCE CLASS FIGHT AT MIAMI
Battle Between Freshmen and Sopho
mores for Possession of a
Flag Lasts Six Hours.
HAMILTON, O.. Oct. 9. Bruce Lloyd of
Oxford, O., waa aerioualy Injured and many
girls and boys had their faces and bodies
scratched today In a fierce scrimmage be
tween- the sophomores and freshmen of the
Miami university at Oxford during a flag
rush. The battle continued for six hours.
Sophomores captured twelve freshmen and
the freshmen ten sophomores. Six girls
from each claaa were bound hand and foot
and Imprisoned. The sophomores failed to
capture the flag.
ROYAL LIVE STOCK SHOW
Seventh Annual Exhibition of Fine
Animals la Progress at
t Kansas City.
KANSAS CITY, Oct. 9. The seventh an
nual American Royal Live Stock show
opened at the stock yards here today with
821 Individual entrlea of fine cattle. The
largest previous nun; her of entries for an
American royal show waa 782.
The list of Judges Includes Prof. C. F.
Curtiss, dean of the Iowa State Agricul
tural college; Prof. W. it Kennedy of the
same Institution, R. B. Ogllvle of Chicago,
Thomas Clark of Beecher, 111.; Daniel
Black cf Lyndon, O.; J. H. Miller of Peru,
Ind , and L. M. Forbes of Henry, 111.
LEGAL STATUS0F THEATERS
Court Holds that They Are Private
Enterprises and 1 nder .o Implied
Obligations to Serve Public.
PITTSBURG, Oct. .-Justice J. Hay
Brown of the Pennsylvania supreme court
handed down an opinion today In which he
decided that a theater proprietor la a pri
vate individual, engaged in a strictly pri
vate bualness, and is under no Implied ob
ligatlona to serve the public.
Movemente of Ocean Vessels Oct. U.
At New York Arrived: Mlnnetonka,
from London; Slavonia, from Palermo;
Potsdam, rrom notteraam.
At Glasgow Arrived: Athenla, Mon
golian and Victorian, from Montreal.
At Movuie Arrived: Astoria, from New
. York
At Boulogne Sailed :
Noordam. for New
; !,'
Patricia, lor New York.
Hremen Arrived:- Friedrlch iler
Grosse. from New .York.
.At London Arrived; Minneapolis, from
NA7 Mve'rpool-Balled: Iberian, for Bos-
ton. Arrived: I'ltonia. from New York.
I At Havre-nailea: Hartnatian, lor Mon-
At Naples Arrived: Crrtlc. from
New
Yora.
At Boeton Arrived : Finland, from New
York, and proceeded.
HORSE SHOW STARTS
Cecond Atonal Omaha Exhibit lfasea a
Most Hotable Beginning.
SOCIETY DOES FULL HONfR TO 0CCASII
Beit of Omaha's Smart Set Attends Bhov
in Full Begalia.
SMARTEST OF COSTUMES DECK WEARERS
Women Display Qawr.i and Eati to Till
Batiifaotion of Iverjbody.
MORE AND BETTER HORSES THAN BEFORE
how Ring Entrlea Exceed Last Yeag
ia Every Point and Drnw Much,
Applause from Lovers of
the AalmaL
Bad and poor In spirit. Indeed, were ha
who could not And It within him to lift
his hat to Horse, and bend hla knee to
Woman, and do both Joyously, at the open
ing of the Omaha Horse Show last night.
These two objects of worship were decked
to please his eye and enliven his heart aa
though It was the chief end of living. All
that either could do tj" make attraction
more attractive was done and tha verdict
returned was the kind that repaid the
effort.
Omaha's second Horse Show began mag
nificently well. Arrangements were of the
kind that Insured enjoyment and comfort;
appointments were perfect; entries, femi
nine and equine, were numerous and speci
ally flne; decorations were superior to any.
thing seen before at the Auditorium and
the whole show partook to an eminently
satisfactory degree of that easy 1 formal
Informality for which the thing waa In
vented. The exhibition of beautiful gowna was
dazzling. Boxes and tiers of seats were
long rows of brilliant color soft, lustrous
and variegated, eternally distracting the
eye from the arena and making charm for
the temperament.
Dress Counts for Much.
Horse shows chloroform any Idea that '
raiment does not make for human happi
ness. Even the beasts In the arena re
spend to the Inspiration of flne harnesses
with gold and sliver trappings. You see
the effect of a smart wagon In every mus
cle. Turn from the arena to the boxea
and the rail and the same aensatlona In
more civilized form are beheld. Anyone
at a horse show, at any rate at a show
like Omaha haa, would have to be ten T.
W. Lawsons, ten Governor Folka and five
Theodore Roosevelts combined, to declare
right then and there, in a voice loud
enough to be heard, that clothes do not
contribute to charm. An old and mighty,
charm It la, and perhaps more than worth
the price of all that hermits and philoso
phers may Bay. If the sun la good because
It brlghtena up the day, the Horse Show Is
good because. It brlghtena life gen .
r.l!y. - - '"-,.- C . t;-.;-.1-,.;,..-. '
looking down from a hflftop on" Farnnm -', .
street fifteen minutes before the bugle call
summoned the first classes, one could see
a contlnous and endless line of carriage
lamps, all going eastward to the Auditor
ium. Other atreets from the fashionable
districts were thickly dotted with the same
kind of flreflys. Around' the Auditorium
entrance they buzzed in swarms, regulated
by white-gloved policemen, for an hour or
more. Sherlock Holmes and Raffles to
gether would have tackled a Job that
Conan Doyle wouldn't have written up If
they started out at 8:15 to find any Omaha
society that stayed home. They came by
hundreds and they came arrayed radiantly
and Raffles could not have found any of
the really bes( Jewels or silks behind, any
more than he would have found the
wearers.
Omaha Sits I'p and Notices.
It la to be hoped alncerely that captious
correspondents for the eastern society press
were there. It will choke In their throats
if they try to say Omaha la "raw" any
longer at a Horae Show. The demonstra
tion last night was all to the contrary.
There waa no fussing, no nervousness, no
awkwardness or mental vacuities thinly
veiled and caused by wondering what to do
next. It was not that way -last year that
Is, not more than symptomatic, but even
hints had disappeared. In place of circum
stances that might have given lash to sus
picion were perfect good nature, ease,
sociability, frank dlsengenuous gladneas to
be there; a constant flutter of conversation;
ripples of laughter; the commingling of
group after group; a free and frequent
use of the promenade.
Aa for enthusiasm, galleries at a melo
drama never let more nerve energy run out
of their finger tips. Tfce applause was like
the descriptions of musketry before Muk
den. Every now and then a whole bat
talion would fire at once and remain firing
several mlnutea. . Applause waa not heard
only when the band played or Maatar of
Ceremonies Sapp was announcing a de
cision. The manifested regard waa catho
lic. Home horses were never lost Bight of
and local patriotism waa not backward.
but good horseflesh of any kind called out
approbation so everyone could under
stand It.
Real Horses on Exhibition.
Inside the arena affairs were well worth
all that was .expressed. In moat ot tho
classes the Judges had dtfficultlea many
and perplexing, ao evenly were contestants
matched. All of the big stables that hon
ored Omaha lust year came again, together
with a generous addltlou of new onea.
Many namea that the 1904 program did
not make familiar here were on the cards
the opening night. Every class had more
entries than it did a year ago. In point
of excellence, too, the aristocratic naga
measured up many points better. It was
evident that Omaha gold looka better to
owners than St. Louts silver and gold
plate, and the parallel datea at the last
named town did not bother the success
of the Omaha Horse Show in the least.
The dash and abandon o fDr. C. DeGantio
Gray waa gone and regretted, it la true,
but S. C. Huiler, his successor, managed
mattera ao well that precision and clock
work are the only right adjectives to de
scribe the result. Mr. Haller's personality
la not of the same dye as that of the doe
tor, but there Is no pioflt or sense in other
comparisons.
The management was big-hearted about
decorations. Many more yards of red and
white draped the posts and surfaces and
bare places than ever before. The effect of
the hangings above the place where the
stage usually Is were pretty. The scheme
as simple, yet markedly effective, con
sisting mostly of broad alternate bands
of coli.r. relieved with half rosettes on the
balcony rail. The lighting waa sumptuous.
"Popular" Price Seats Empty.
The only seats that were empty wera
w