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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 7, 1905)
NO YELLOW BACK POISON
IN THE PACES OF THE BEE
tilt BEE CAN BE SAFELY
READ BY WIFE O CHILDREN
OMAHA, THURSDAY MORNING, DECEMBER 7, 1903-TWELVE FACES.
SINGLE COrV THREE CENTS.
ESTABLISHED JUNE 19, 187L
MOSEY FOR CANAL
House Sprala Daj Diunsilog Bill Appro
ESTIMATES OF COMMISSION CRITICIZED
Both Bepublioans ani Democrats Baj
Statement Lacks Com pie tenet.
HEPBURN SAYS IT IS TOO DEEP FOR HOUSE
Cmjrtume Cannot Be Expeoted to Un
derstand Fijnret of Engineera,
BOURKE COCKRAN TAKES ISSUE WITH HIM
Kew York Says It U Doty ot L
lalators ta Scrotlnlae Appropria
tions and Qootes from
GENERAL SAKHAROFF KILLED
Former Rnsslan Minister of War As
eaeelnated by Waaiaa la
LONDON, Dec. 7. The St. Petersburg
correspondent of the Dally Telegraph, In a
dispatch dated December S, sent by way of
Eydtkuhnen, East Prussia, gay: Lieuten
ant General Sakharoff, former minister of
war, was assassinated today. The govern
ment had deputed General Sakharoff to
visit tf ' J-ovipe, of Saratoff for the pur
pose o . jrlllnf ie agrarian riots there.
ling to the so-called "Fly
the revolutionary move
le house of the governor of
1 today and asked to see
(T. She flred three revolver
neral, killing him on the
gs reached St. retcrsburg
. fi bef
CROWE OPENS IN DEFENSE
WASHINGTON, Dec. .- With an oppor
tunity for unlimited debate on the subject
Of tho Panama canal, the house exhausted
it oratory on that subject In a session of
four and three-quarters hour today. The
bill appropriating U6.600.000 for canal work,
which waa the subject of discussion, will
pa read for amendment and placed on Its
final passage tomorrow. The feature of the
debate waa the . criticism Indulged tn by
tooth republicans and democrats regarding
the Incompleteness of the statement of ex
penditures and estimates furnished by tho
canal commission. Mr. Hepburn, In charjro
of the bill, mad some effort to show that
while detailed estimates might be more
satisfactory, at the same time members of
the house were not In a position to pass
critical Judgments on estimates for such
work offered by expert engineers who held
responsible positions and had been selected
entirely because of their fitness.
Bourke Cockran of New Tork took de
cided exception to this attitude on the part
of Mr. Hepburn, applied It as affecting all
matters of appropriation and arraigned it
as decidedly the wrong attitude of legisla
tors. To enforce his argument he read the
sentiment of the president In his message
for economy and scrutiny of appropriations.
The so-called "press agent" of the canal
commission was criticised by several speak
ers and lack of definite information as to
the existence of such a position was shown.
The place was declared to carry a salary of
$10,000 a year and some curiosity was mani
fested to know what were Its duties.
Maar Keaolatlons In Senate.
The senate began business In earnest
today. The session was of only little
mora than two hours' duration, but in that
time several hundred bills and resolutions
were Introduced and referred to commit
tees. There were resolutions dealing with
the Question of the national regulation of
Insurance companies, the Incorporation of
Interstate railroad companies and the con
tribution of funds to' political parties by
natlonaf banks. Mr. Foraker presented his
railroad rate regulation bill; Mr. Gallinger
bis merchant marine subsidy bill; Mr.
Lodge a bill providing for a maximum and
tnlDlmurtf tart!t faT5"cneatuc In the Interest
of. reciprocity, and Mr.- Culberson a bill
making It a, penal offense to misuse the
money' ot insurance companies. The nearest
aoDroach to a controversy arose over, a
resolution presented by Mr. Newlanda,
directing the Interstate Commerce . com
mission to draw up a national Incorporation
act for railroads.
Mr. Bpooner criticised the proceeding as
Unworthy of the senate. Objection was
made to. consideration of a resolution made
by Mr. Tillman for Investigation of the
subject of national bank contributions for
campaign purposes, and the resolution went
over for a day.
Important Bills Offered.
Senator Heyburn today introduced a reso
lution providing for the annexation of San
Domingo and Hayti to the United States.
Senator Dolllver today reintroduced the
Dolllver-Hepburn bill relating to Interstate
traffic tn liquors.
The merchant marine commission bill
was today Introduced by Senator Gallinger,
He also presented the final report of that
The pure food bill waa Introduced today
by 'Senator Heyburn. ,
Senator Scott Introduced bills providing
for service pensions and for the Issuance
of bonds for the erection of public buildings
in towns of (.000 population and more.
A bill prohjbltlng the use of the money
of Insurance companies In federal elections
was Introduced today by Senator Culber
son. - The offense is made a felony and
punishment Is fixed ut from two to twenty
Senator Foraker today introduced his
railroad rate legislation bill, which he had
heretofore presented to the senate com
mittee on interstate commerce.
Senator Bulkely today Introduced a bill
granting a pension ot 1100 a month to tho
widow ot tho late 8enator Hawley.
Senator Fulton presented bills today for a
1'nlted States district court In China and
prohibiting aliens from fishing in Alaskan
waters. Ha also presented a bill to pro
hibit the misbranding of aalniou.
Representative MeNarry of Massachu
setts has Introduced a bill providing for
the transfer of the frigate Constitution to
Castle Island, Boston harbor, for use as a
naval museum. -
Senatoi I-odge today Introduced an
amendment to the Dlnglcy tariff law pro
viding for maximum and minimum rates
of duty so a to give preference and ad- I
vantage to the products of those countries
which do not discriminate against products j
of the United States. It provides In ape-
v. , UiC Ul CAITH UULieB j
created a profound Imprcs.
irsburg. owing to fears that
ts here will follow the ex
ample thus), . The spectre of a military
dictatorship, which has been looming on the
horizon. Is steadily gaining consistency and
sharpness of outline.
There are signs of a collapse of the post
and telegraph strike. Two-thirds of the
telegraph operators are dally offering to re
sume work, but they are prevented from so
doing because the wires have been cut or
the stations fail to answer signals.
Father Gapon is continuing to preach to
the workmen against ' a revolution, saying
that the strike tactics are sure to eventuate
In reaction and Jeopardize the freedom pur
chased by blood. He warns the revolution
ists and socialists that they cannot arouse
the peasants by their political demands, but
are more likely to raise up a counter revo
lution. He says:
A hundre.1 fillliltlcMl iirlwatfl Bjllh r-hurrh
banners and iknns, might easily arouse the
"black" millions of the country and over
whelm your intellectuals of the cities
amidst such horrors as tho world has never
An official note was issued today explain
ing that while the government is inflexibly
determined to carry out the reforms prom
ised by the imperial manifesto of October
, it Is impossible at one stroke to accus
tom the population to the administration
of the new order of things created by the
manifesto. Until the new legislation re
quired by the reforms is effected tho old
laws must be enforced, except where they
are already replaced by temporary pro
visions. The note adds that drafts of tho
provisional regulations governing freedom
of the press and the right ot association
have been completed; that the deliberations
regarding the reform of the council ot the
empire and the extension of the franchise
are nearlng a conclusion and that the
elections to the national assembly are
being expedited. At the same time meas
ures are being Initiated to cope with the
disturbances which are endangering public
M. Belgard, chief of the press censorship
First Two Witnesses Give Impression the
Deteotiree Started Firing.
ENB OF PROSECUTION COMES ABRUPTLY
Coonty Attorney Calls to Staad Only
Kin of the Tvrent J -To Wit.
eases Endorsed la tha
Unexpectedly, to the oefense at least, tha
state rested In the Crowe caae shortly be
fore noon Wednesday. Attorneys English
and Ritchie, for Crowe, said they would
endeavor to have some ot their witnesses
present at 2 o'clock. They then produced
two. Archie Hasell and David Brown.
They testified and the court took a recess
until Thursday morning to give the de
fense further time. The state had oniy
used nine of the twenty-two witnesses
Indorsed on the Information when County
Attorney ' Slabaugh announced that he
Archie Haxell, living at 1003 North Twen
ty-sixth street. South Omaha, waa the first
witness for the defense. He Is employed
by Swift and Company and was a passen
ger on the car on which the three Dans
o the detective force rode to the scene
where the battle occurred on June 6. They
sat in the seat behind Haicll and he said
that one of the officers had his hand on
his gun or was In the act of drawing It
oa he got off the car. He did not see any
men standing in the street as tho car came
td a stop and said the first shot came
from the direction of the rear of the car.
Ho did not see any shots fired from tlio
wer.t (where the prosecution haa located
Crowe) as the car stopped, but admitted
on cross-examination there might have
been some without him seeing tho flashes.
It was a cloudy night, he thought, and
he made the number of shots twelvo to
Brown's Story Similar to Hasell's.
David Brown, a horse dealer of South
Omaha, was also on the car on the night
of June 6. Ho was standing on the rear
platform, leaning against the rail. He
heard one man step up to the car and U-Ii
tho others on the back seat to get oil.
The men who got off started shooting at
once, he said, and he saw at least four
men firing. He did not see either Murphy
or the man who was with him when the
car slowed down. Ho said it was a rather
dark night, possibly raining a little Cross-
examination resulted In no change ot his
evidence, except to show that his observa
tlon of the actual occurrence, as told by
others, was a trifle faulty. Brown ad
mltted he wanted to get away from the
scene rather than closer to the shooters.
At the conclusion of this testimony, Mr
English, for the defense, moved for ad.
IMMIGRATION IS DISCUSSED
Six States Kaat of Mississippi Re
ceived T Per Cent of l.at
NEW YORK, Dec. 8. The United States
Immigration question was taken up for dis
cussion today by the National Civic Fed
eration, in session here. Delegatea to this
meeting hal been appointed by the gov
ernors of forty-oner states and prominent
statesmen, labor and religious leaders,
scholars and business men were present.
The statement that over a million Immi
grants have come to the United states dur
ing the last year and that the south and
the west, the sections of the country which
needed and wished for these new cltlsens,
did not get them, was made today by Frank
P. Sargent. United Slates -commissioner
general of immigration, in a speech before
the National Civlo Federation meeting.
Mr. Sargent proposed that' the United
Btates hereafter take steps to distribute Im
migrants according to the needs ot the
"I have Just received a few figures." he
said, "showing where this Immigration
goes. Of the 1,206,481 Immigrants who ar
rived last year New Tor received S1J.5U:
Pemsylvanlo, 310,7(18; Massachusetts,' 72.150;
Illinois, 73,770; Now Jersey, S7.358 and Ohio
"Six states of the union receiving 777.747.
or per cent of the whole, which gives
the gentlemen from these states some idea
of how popular those states are abroad and
how rapidly they gained last year."
Mr. Sargent recommended that Instead of
having the majority of foreign Immigrants
received at the port of New (York as at
present efforts should be. mado to have
them enter at other seaports.
Samuel Gompcrs spoke of restricting Im
migration, saying that the overwhelming
number of foreigners la a detriment to
American worklngmen. "If the. American
people." he stild, "adopt some practical
measure that will stop to a considerable
degree thin, wholesale Immigration of people
rrom several monarchical countries where
tyranny In the hnndmaid of poverty and
misery, and. these peoples be compelled to
remain in their own countries, it will also
compel them to find the remedy for their
economic and social ilia in their own coun
try and compel reform and Improvement."
office, has been relieved ot his post at his i0"!-"6"1 until Thursday morning, as they
unu uvcn uiiuvie timing mu iiuoii reucoH
to get any more of their witnesses In court,
LONDON, Deo, 7. The correspondent of
the Times at St. Petersburg says: "I am
Informed on excellent authority that a re
volt of the St. Petersburg garrison is cer
tain to occur.
"The newspapers print harrowing details
of the whipping by order of General Sakha.
roll of the peasants whom he-. was sent to
pnclfy." . : 1 ....,
Judge Day granted the request.
Una of Defease Outlined.
The defense evidently will be along these
That there was nothing whatever about
the four men alighting from the street oar
to indicate they were eollqe - officers. 1
That the detectives may have fired first
and thjLt th ma n whn sfs nrt firH In
RELIEF WORK IS HAMPERED eelf-defense.
That the man who escaped was retreating
Suspension of Telegraph Service
- Prevents Distribution of Money
Among; Hnaelan Jews.
LONDON. Dac. . The secretary of the
committee which was appointed by the re
cent conference held here under the chair
manship of Lord Rothschild to take charge
of the distribution of the funds collected
for the relief of Jews in Russia, said to
the Associated Press tonight that the com
mittee was being much hampered by tho
failure of telegraphic communication. He
said that the following dispatch had been
received from the traveling commissioners
aa he fired and trying to get away
That Officer Jackaon may have been ac
cidentally shot In the leg by one ot his
brother officers. The evidence Indicates
their training as marksmen has bean heg
The first witness Wednesday was Dr. J. E.
Summers, Jr., who told of treating the
wounded policeman and described the
wound. He said on oross-examlnatlon tho
stiffness of the leg will wear off In time.
to deflection of the bullet, up or down.
he could not state.
William E. Tlnney, with Armour & Co.,
was on the car which carried the policemen
to the scene of the shooting. He saw only
MILLARD STARTS HUSTLING
After Chairmanship of Committee on Inter
REMOVALS PUT DELEGATION IN THE AIR
At a Loss to Kicif Who to Recom
mend for Vacant Positions In
the Valentine Land Office
Bills for the West.
(From a Staff Correspondent.)
WASHINGTON, Dec. a. (Special Tele
gram.) The resignation of Senator Mitchell
from the committee on interoccanio canals
leaves Senator Millard occupying the coign
of vantage so far as the chairmanship goes.
Senator Piatt of New York, the ranking
member of tho committee, having- stated
that he was satisfied with his present com
mittee, that of printing. It has been goner
ally expected that Senator Mitchell would
not embarrass the committee on committees
of the senate, by Insisting on bis retention
as a member of the committee on Inter
oceanic canals, though It was not expected
he would wire his i-eHlgnntion ot the chairmanship.
The moment Vice I President Fairbanks
announced Mitchell's action. Senator Mil
lard, standing .on his right as the ranking
member of the committee, began an active
campaign for the place, Mitchell having
vastly cleared tho situation by his resigna
Senator Kittredge of South Dakota is also
a candidate for the chairmanship and as
he was Hanna's chief lieutenant this Is
being used In his favor. It Is also urged
that he is a lawyer of good reputation
whereas Senator Millard Is "only a
banker." However. It is a pretty tight and
tho friends of the senior senator from Ne.
braska are out In the open hustling for
Tern per tar at Omaha Testerdnyl
Hoar. Pea;. Hoar. Tien.
It a. m ill 1 p. in "
0) a. an...... :tO a p. m...... "
T a. m ni A p. m Brt
a. .m It I 4 p. an 49
a. m ..... . n.1 ft p. m ..... . (?
II) i. m att p. an 4.1
11 a. at 4n T p. m 44
13 m 44 a p. tn 42
O p. in 4U
who are now working In varloua parts of one man standing near the sidewalk aa the
Russia securing data and statistics for the
guidance of those who are distributing the
Telegraphic communication has been en
car stopped, whom he recognized as Frank
Judge Day sustained, for the time being.
an objection to letting witness repeat
WICKS GUILTY OF BLACKMAIL
Story of Prominent Sew Tork At
torney Who Led a Dr. Jeltyl and
Mr. Hyde Existence.
NEW YORK. Dec. e.-Thomas P. Wlcka.
a prominent attorney and former assistant
corporation counsel today waa found
guilty of blackmail in the criminal branch
of the supreme court. He was remanded
for sentence next week.
The case of Wlckes- fs one of the most
peculiar In the criminal annals of the city
and the man himself has come to be known
as the "Dr. Jekyl and Mr. Hyde" of the
legal proiession. w nue occupying a prom
inent place among his fellows In the legal
profession and enjoying a high reputation,
It has been learned that under the name of
"Lewis Jarvls," which he. assumed for the
purpose, Wlckes wrote hundreds of letters
to persons who were Interested In cases
with which he was eonv'i. -iNearly .ali.
of these letters' wero copfiocd entlroiy, to
praise ot Wlckes, the man. and his ability
In the legal profession. Clients were con
gratulated upon having secured the
services of so able a gentleman and pros
pective clients were advised to retain
Wlckes at any. cost. Some of the letters,
however, had - other ends In view and . lt
was one of these which resulted in the un
doing ot Wlckes. I
To Dr. Edward Weston of Newark, N. J.,
several of these "Lewis Jarvls" letters
wero written advising Dr. Weston to settle
a certain litigation against himself by pay
ing several thousand dollars. These letter
evidently were written by some one Inti
mate with the case and Dr. Weston gave
them to detectives. Wlckes was found out
and arrested when he went to a postoince
for letters addressed to "Lewis Jarvls."
During the present trial he admitted that
he was the writer of the letters.
Wlckes' counsel set up In defense the
argument that there was no attempted
blackmail in the letters.
NEBRASKA WEATHER FORECAST
Fair Thursday aad Friday.
tlrely stopped throughout Russia, and we ..,.,! wTOl, ,,,
are without news. We are sending this -aomething Frank Murphy said, on tho
ground aeienuani was not anown py wii
to the frontier.
After a Personal inspection we can re.
nort that the destruction is indescribable,
Hundreds of shops have been destroyed
and business Is at a standstill. The dam
age amounts to millions of roubles.
Forty thousand persons are affected In
Kleff alone. Several small towns which
had Jewish sections have been entirely
burned and the people are sleeping In the
The secretary said that relief centers
had been established at Ekaterlnoslav,
Gomel, Kleff, Odessa, Poltava, Rostoff-On-Don,
Simferopol and Moscow. Tho travel
ing commissioners say that 171 towns have
been the scene ot Jewish massacres. These
figures do not Include a number ot villages
and. Siberian towns, many of which euf
fered from the anti-Semitic madneaa.
Writing from Kleff under date of De
cember 1. the commissioners say that the
town was then in open riot and that firing
was continual. The British consul had
offered to shelter -the commissioners.
The secretary said that up to date 12.476,
OcO had been contributed. This sum In
cluded 11.000.000 from the United States,
tD.'o.OOO from Germany and $435,000 from
Great Britain. The sum of Stto.tUO hud
already been remitted to Kuusia.
SEPARATES CHURCH AND STATE
Krrut'h Senate Pnsaea Bill Through
Final Parliamentary Stage hy
ness to have been present.
On cross-examination Mr. English brought
out that none of the officers had anything
about him to indicate he waa a policeman.
He reiterated he saw only one man stand
ing on the street when the car stopped,
and that man waa Frank Murphy. He
thought about twenty shots were tired in
Wyomlags Man a Witness.
Harry Collins, now of Woodrock. Wyo.,
waa In Omaha the night ot the shooting
and was walking near the scene. He
heard one man standing on the pavement
say to another: "Frank, you get on tha
car." He said the man who spoke fired
the first shot as the street car slowed up.
The other man, he thought, attempted to
get on the car. The man who flred first
had been sitting on the curb and had looked
at him (Collins) over his shoulder when he
Asked to Identify the prisoner, Collins
could only say the resemblance as to build
was something similar to that of Crowe.
The retreating man fired live or six shots,
witness said, and fifteen or twenty. In all
were tired. Several men passed htm going
north Just as the shooting ceased.
On cross-examination Collins said he
MRS. BERRY IS CAPTURED
Saceamhs to Fames of Ammonia and
Is Captured In the
GIRARD, Kan., Dec. 6. Mrs. Ina Berry
who since Friday last had held the town
officials at bay from her fort In the toilot
room of a 'Frisco railway coach on tho
tracks here, was removed today shortly
Derore noon, after she had been partially
oercome by fumes of ammoula A bundle
of rags saturuted with tho drug had been
pushed through the window of the toilet
room. Before surrendering Mrs. Berry
fired one shot at her captors, but without
Before she could shoot again, Mrs. Berry
was overpowered by two officers. After
being reassured that the officers and the
people of Glrard were her friends and that
the office: i had come to protect her, the
woman made but feeble effort at resistance.
She was removed in a currlage to the
Jail and placed under the care ot the city
physician. Once inside the Jail and made
confident that tho attendants were' working
In her behalf, Mrs, Berry quieted down
and talked rationally.
imaciaiea Dy ner long fust, and weak-
PAR1S. Dec B. The Senate today, after
u Inn debate. adoDted the bill for the
against countries which do not admit the ..mt inn nf church and stat hv . nt
The vote waa announced
I amid entnusiastia scenea ana cries of
Bill for Parcels Post. "I.ong live the republic!" and "Long live
Bills continue to be introduced in t he ! liberty I"
house in large numbers. Among-those in- i Former Premier Combes participated In
-.. vnv separation or cnu
goods of the United States on terms equal of 181 against 102.
to those granted other countries. ! amia enthusiastic
trodured today were tho following:
the debate, contending that the measure
nenreventativv llenrr-Tn nnn.i.i'n assured neutrality of rcliidon. moral libera-
inira ana rourtn class mull matter under 1 tlon and social pacification,
the till, of merchnntliav: limiting weight of i Thi, u lhe nnai parliamentary ataae of
parcels to eleven pounds and the rate to he' L ! ?? y. , ; "ur"jmeluary , '
I cent for less than three minces and In- ' ,ne b," hlch promulgated In the
ireanea to ij ceiua for parcels of the maxl- I official Journal tomorrow, when it will be-
in um WftlKlH.
My Representative l.ueey of Iowa-For the
the woman presented a Ditiabla. ninw.nr
ance. Her clothes were torn, her face
and hands badly soiled and her liolr dls.
LOUISVILLE, Ky., Deo. .-A special
from Lexington, Ky.. says that the Identity
of the woman who, for several daya, defied
the authorities at Girard, Kan., was fully
established today when James F. Barry, a
grocer here, visited the offices of a local
law firm. Mr. Barry says the woman is
his divorced wife, and although he haa
again married, lie will asaist her in her
entry of strictly agricultural land In forest
ivservea under the lioiuemead law.
By hepreM-ntadve tiroavenur of Ohio
Providing that all oleomargarine and reno
vated butter and cheese uot made of puro
and unadultt-rated n:llk ami cream hall be
subject to the lawa of the atate Into which
it Is shipped for consumption. The bill pro
vides that any person who mixes with olen.
irargarliia anything giving li the semblance
of butler and who sella the product shall he
regarded as a manufacturer of oleomar
garine and subject to the lax Imposed upon
iiiunufaciurera of oleomargarine. The oleo
margarine law la amended in several par-tK-ulars
aa reaarda taxation..
By Representative Hepuura of Iowe-The
ui food bUl.
Over One Hundred Millions.
The annual book of estimates ot the ap
propriations required lor the government
aCenUuued on bexoad Pag
state will devote three months to the
framing of the administrative details of the
The action of the Vutlcan regarding the
law has not yet been definitely announced.
The French clergy, while opposing the
measure, appear to be disposed to conform
to the new system. t
The public worship budget of 190S will be
reduced from S5.IO0.OuO to nearly I,u0.0u0
consequent on the gradual diminution of
the salaries paid by the state to the clergy.
The fundamental principle of the bill
ensure entire liberty of csmaelence revpect
lng religion, with n itric .Ions concerning
the exercise ot religion, which are Intended
to preserve public order.
heard Officer Jackson say, "I'm shot," j ened from ,lo of sleep and from exposure.
aner me iirmg. ivuueas sma iwu or three
of the officers ran past him, going north,
but came back shortly with another man,
who went up to Jackson. This was Frank
Fogg, he said.
In this matter of the supposed running
away of two officers. County Attorney Sla
baugh Insisted they were going to a tele
phone to call the wagon for Officer Jack
son. He was not allowed to show this by
The atate rested at conclusion of Collins'
testimony and court adjourned to t p. m.
Two of Crowe'a slaters, Mra. Connora of
South Omaha and Mra Tbomaa F. Qiilcn
ot South Dakota, were In court Wednesday
and In the Intermissions they visited with
the defendant. As the caae progresses ha
appears to become more cheerful over the
Yesterday was the big day for attend
ance, the court room, large as It Is, being
uncomfortably crowded, especially during
the short afternoon sitting. Probably aOO
women had seats at different points, sev
eral jM-ing given seats in the bailiff's en
closure. After the court had been ad
journed these women, with a big majority
of the men, remained to gase at the noted
prisoner while he consulted with his at
torneys. They did not leave until Crowe
had been escorted back to the Jail.
Cannon Working; on Committees.
Speaker Cannon is working night and
day on the house committees and it the
present program is carried out, no hitches
occuring. committee assignments will be
announced late next week.
Delegation In n ttoiilsrr.
There is almost panic among tho Ne
braska delegation, particularly with Sena
tors Millard and Burkett and Congressman
Klnkald, over the Valentine laud office
situation. The summary dismissal of Pettl
John and the request for tho resignation of
Towle on account of land frauds traceable
to the Valentine . office, necessitates two
appointments and the delegation Is
"stumped" to know who to appoint.
Orva Gallogly, present postmaster at
Johnstown, Brown county. Is a candidate
for receiver, being strongly endorsed. It
has been understood for some time that
Towle would not be a candidate for reap,
potntment and Gallogly announced his can
dldacy . accordingly. Pettljohn was sup
posed to be slated for reappointment, but
his summary removal has brought tho dele
gation face . to face with a condition and
not theory,,., .
"I am almost afraid to make any more
recommendations," said Senator Millard,
"the' way things are going. Of course, we
will have to send In two names for register
and-receitjttiY. but at proaeet I rja tiv -t.ua
dark as to who they will be. I expect,
however, that wc- will move li the next
day or two. Judge Klnkald believes that
certain amount of time should be given
before any action is taken. He says Gal
logly is strongly urged for receiver but he
has no knowledge who desires to be regis
ter. Tonight telegrams were sent to a
number of leaders In . the Sixth district,
asking for Information as to who would
be acceptable appointees."
Indians Want In on Ditch.
Senator Burkett had a conference with
the commissioner of Indian affairs today
with a view to adjusting the differences
growing out of the organisation of ' a
drainage district in the great Nemaha val
ley. The Sac and Fox and Iowa Indiana,
who own their land In severalty, desire to
come under the drainage canal, but as the
canal company proposes to tax the land
covered by the ditch, and Indians' land be.
ing exempt from taxation, a hitch has oc
curred In the building of the canal. The
Indians want the benefit of the ditch and
are willing to pay if the government will
only let them. These Indiana have about
1150.000 to their credit in the treasury and
Commissioner Lcupp is now figuring
whether It would not be possible to take a
portion of this money for canal purposes.
The Sao and Fox and Iowa Indians own
about 4,000 acres In the Nemaha valley,
much of which would be directly under the
Bills for Benedt of Wyoming;.
Representative Mondell today Introduced
the following bills: Granting tho state ot
Wyoming 50,000 acres of land to aid in the
continuation and maintenance of the Wy
oming atate soldiers' and Bailors' home; to
provide for medical care and surgical treat
ment of honorably discharged soldiers,
sailors and marines; to appropriate 1160.000
for the purchase of a site and the erection
of a public building at Sheridan; for a pub
lio building and site at Rawlins, $100,000;
to establish a fish hatching and fish station
In Wyoming, (125,000.
. Cunningham Waats Reinstatement.
Frank H. Cunningham of South Omaha,
ex-presldent of the Rural Free ' Delivery
Letter Carriers' association. Is in Wash
ington. Cunningham was separated ' from
the service on charges of pernicious po
litical activity being made agalnBt him.
Today Cunningham waa about the capltol
rounding up the Nebraaka delegation look
ing to his reinstatement.' Just how far
the delegation pledged themselves to his
support Is not known, but it ts thought he
hus a number ot good friends among the
Nebraskans who will go to the front for
Cunningham if thoy see an opportunity to
bring about his restoration to tho service.
Macadamised Road to Fort Crook
The necessity of macadamising Military
boulevard from Foft Crook to the city
AMBASSADOR THOMPSON TALKS
Says He Sees o Reason for Sena-
paper Comment Reaxardlna
LINCOLN. Dec. a. D. E. Thompson,
United States ambassador to Brasll, who
returned to his home In this city lust night,
said today concerning the rumors of trouble
with tho State department:
'I see no occasion for the newspaper talk
of which I have been the subject. So far
as my official standing Is concerned. I have
no reason to believe that It Is not as It
has been since I first went to Brsill."
WASHINGTON. Dee. .-The State de
partment Is making a careful Inquiry Into
charges made by Consul Oeneral Beeger,
at Rio Janeiro against David K. Thomp
son, American embassador to Brasll, and
by the latter against the consul general.
No official statement can be had aa to the
nature of these charges and the ' dirty
row" which led tip to them. According to
one statement. Mr. Thompson was granted
leave of absence by the State department
and returned to this country with Solicitor
Penfleld, who had been, by direction of
the president, making a personal Investiga
tion on tho ground of the charges and counter-charges.
Judge Penreld lias so far not
submitted any written report and Jiaa been
only able to communicate briefly and ver
bally to the president and to Secretary
Root the result of hla Inquiry. When Mr.
Thompson reached New York 'after a
Week's delay he came to Washington and
called upon Secretary Root and Assistant
Secretary Bacon and then proceeded to his
home In Nebraska to wait the pleasure of
the department as to his further appearance.
HARTLEY BOND VOID
Supreme Conrt Writes Last Chapter in the
STATE OUT OVER SIX HUNDRED THOUSAND
Attorney Oeneral Brown Eajs This Dt
oision it Final.
ERROR OF PROUT FATAL TO THE STATE
rails to Hare Bill of Fzoeptioni te Su
preme lonrt freperly Certified.'
TRIBUNAL REFUSES TO CONSIDER IT
SHOOTS WIFE AND HIMSELF
Qofarrel Between St. Lonla Couple
Will Reanlt In the Death
ST. LOUIS, Mo Dec. 6. As the outcome
of a quarrel over 117,000 Inheritance,
Charles E. Bosse, aged 80, a collector, shot
his wife, aged 2S, and then killed himself
with the revolver In the preaenoe of Mra.
Elisabeth R. Wllbuckle, hla wife's mother,
st his home, 42S7 Gano avenue, this after
noon. Mrs. Bosse's Injuries are believed to
be mortal. Aged Mrs. Wllbucke struggled
with tho trended man to prevent the
tragedy, but he finally pushed her aside
and began shooting. Mrs. Bosse was shot
through the neck.
Three years ago Bosse's father died.
leaving him an estate of 117,000.. Bosse at
that time had been married one year. He
signed his inheritance over to his wife.
It is stated that since then they have
frequently quarreled over the estate. To
day, while under the lnfluence of liquor,
he renewed the quarrel, which terminated
In the tragedy. Both were prominent In
Last Roand Waa tha Fifth Tim Caae
Had Been Before the Sapreme
Conrt, Being- Sent Bark
' . I
(From a Staff Correspondent.) ...
LINCOLN. Neb.. Dec. .-8peclal Tele
gram.) After eight yeara of litigation In
which the atate sought to recover from the
bondsmen of former Treasurer J. 8. Bart
ley the sum of rfo,7My"ln, lost through, hla
speculations, the case has been finally de
cided In favor of the defendants on the
technical ground that the bill of excep
tions In the case waa hot properly authen
ticated. The court, In an opinion by Com
missioner Dufflo, snys that there is nothing
by which to determine whether the bill or
exceptions Is genuine and entire. Former
Attorney General Prout was In office' when
the defective bill was filed. It vir certl
fled by District Clerk Broadwell of Douglas
Attorney General Brown refused to dis
cuss the matter until he can see the opin
ions. It Is believed that no further stops
will be taken and that the state Is 'at last
Irrevocably deprived of every chance . to
secure the money, because of the careless
ness In the preparation ot tho bill of ex
ceptions. The bondsmen against whom the suit
was brought are E. E. Brown and John H.
Ames, Lincoln; XV. A. Paxton, ' W. A.
Swobe and Cadet Taylor, Omaha, and, C.
C. McNish, Fremont. They have been seek
ing for several years to compromise the
suit by the payment ot a small sum, and
a special board ot state officials waa cre
ated to effect that purpose. With the ac
cumulated Interest the total claim of the
state at the present time amounted to nearly
1700,000. The Douglas county Jury gave a
verdict for the defendants at the last trial,
but the atate has eontcrded that their
verdict was not based on the evidence.
The defect In the bill of exceptions left
It Impossible for the court to determine
the only vital Issue raised by the attorney
John H. Ames, one of the victorious de
fendants, la a member of the supreme
court commission. . .''..
' Opinion of the Conrt.
The opinion was prepared br Commie
aluner. Duffle, ' concurred in "by .the ; court, .
Chief Justice . Holcomb not: sitting. The '
decision .closes: :Jj ,. ,:..
We have held this caae. an, unusual time "
and given It our best consideration,' and
we have all reluctantly come to the con- '
r. 1 .1 bl., I . . . . . I . I , . . . . .
North St. Loula society. Four month, ago I .taw to"ob.er"ve"th. piain'reSdln'g" of th.
Bosse attempted suicide with carbolic ' statute relating to bills of exceDtlon and
their authentication, that ' this so-called
bill cannot be considered by us. It Is net
our custom to look with favor on technical
objections which dispose of a case. Oil
the contrary, we are disposed to give to
the statute governing appeals and to the
rulea of procedure In this court, the most
liberal construction In order . that , the
parties may be heard and their cases dis
posed of on their merits. It la but Just
to the parties of record and to the court
itself; but, under the most liberal con
struction of which this statute relating to
bills ot exceptions Is capable, the bill pre-
seniea oy rne siaie in tnis case Ik so
i wxnuni in a unptii nn mn .Kb m .in
'sc"' num jin uiui.ier, iisries u. j me earmark's required by our law to
Sexton, that he wished to see her before Identify it, that we have no alternative
he died. Mrs Martha E. Pickering arrived t? VTmFJZ
In Denver this morning to find that he had more than another of less importance dls
been . found dead In his bed in the Queen regard tha plain reading of the statute or
City hotel, although he was spparently well J,"ab""'!. ,.f,"re?niv,,whlch ,wo,lld "w
. . ; ... i ne presentation to this court of records
enough yesterday afternoon to spend the i which may or may not contain the evldemw
day on the streets. Beside Sexton's bed was ; on which the trial court acted. To do so
found a paper containing morphine from i w'1 'Ye'?p?rt"n,Vi" ',or ' mpoBttlon
" " rv., uHiou uciuio , wnl 0r inoae wno area this enurt
acid, but a friend knocked the bottle from
SISTER FINDS BROTHER DEAD
Telegraphs Her to Meet Him In Den
a ver and Then Commits
DENVER. Colo.. Dee. 6.-(Special Tele
gram.) Coming from Kearney, Neb., on an . wanting
he retired for the night.
According to Mr. Pickering, her brother
years ago fell In love with a Mormon girl.
She wanted to marry him, but her parents ' was taken In due form, and the necessary
establish and maintain their rights.
The responsibility for this dianoaltinn nt
the case does not rest with us, but those
whose duty it was to see that the appeal
refused consent until Sexton Joined the
Mormon church. This he would not do, and
since then often said life had lost Its charm
for him. Sexton was 15 years old and came
here from Haskell, la.
statutory steps taken to secure a record
which this court could consider. . The bill
of exceptions being quashed we have noth
ing to consider, further than to see whathar
me juagrneni is supported by the pleadings,
and there being no doubt on .that point
the Judgment must be affirmed and we so
.ot Properly ' Certified. ) .'
In this case the Jury returned a verdict
for the defendants and the state took the
suit to the supremo court on error, "pre
senting to that court the single question
whether the verdict was against 'the evi
dence. This required an examination, of
all the evidence Introduced on the trial
Union Pacific system, today announced the ' and wnicn c"n b Preserved and presented
letting ot contracts for the construction ot t0 the eupreme court only by a properly
seventy, miles of double track on the Union i authenticated bill of exceptions. The da
Pacific line in Wyoming and thirty miles i ndants objected that the state bad failed
In Nebraska, the long talked of Omaha ; 10 preserve or to have a bill of exceptions
cut-off., Kilpatrick Bros. & Collins was certified to In a legal manner or. In such
given the contract. The double track in j way tnttt tn eupreme court could know
Wyoming will be laid between Green River j what evidence waa before the trial . court
and Lookout and between Hannock and ! on which the verdict of the Jury wae baaed,
Point of Rocks, and in Nebraska It will run I and moved to quash the bill.
WILL BUILD OMAHA CUT-OFF
l nlon ' Paul da Lets Contract for a
Doable Track from Omaha
PORTLAND, Ore., Dec. 6.-A. H. Mohler.
vice president and general manager of the
from Omaha to Valley. The Omaha cut
off will result, when the work Is com
pleted, in a saving of ten miles from
WCALL AND PERKINS TO QUIT
Kern York Paper Says There Will Be
l ha age la Stw York
NEW YORK. Dec. 1-The Evening Sun
line of South Omaha waa brought directly today says that President John A. Mc
to the attention ot congress and the mill- , Call and Vice President George W. Per
tary authorities today by a bill which kins of the New Tork Life Insurance com-
nenaior wniiara imrouucea. appropriating pany are going 10 reure irom omce in tnai , volume a prt cf tho bill and contains
,- ...,.-,.- i ',i'l"U ,or ,u,pu'"' ror ear "e company. Jr. r-erams retirement, tne B0 intimation that the court la to look
GRUNDY ACCUSED OF MURDER cltlane of Sarpy County and South Omaha ' Sun says, will probably take place soon ! ouUao of the volume for any part of th
k -- . )iujki uiu mi. mwvui.i """' evidence In the case. This la a separata
The atato filed three separate bound rec
ords or volumes. First Is a transcript of
the pleadings and proceedings. Tha sec
ond marked bill of exceptions, volume I,
contains what purports to be oral evidence
and reference is made to' numerous .docu
ments and exhibits, but which are not con
tained In this volume. The third volume Is
entitled "State of Nebraska against Wil
liam A. Paxton et al, volume J exhibits'
and contains copies of a large number of
exhibits. ; Attached to a volume marked 1
la - a certificate of Frank A. Broadwell,
clerk of the district court, certifying f.hat
this la the original bill of exceptions This
certificate mukes no reference to another
nesv Japanese Cmlaer.
TOKIO, Dec. , The armorsd cruiser Tau
kuba of 13, TjO tona displacement will be
In the future the stale will be eiaii Mi launched at Kure December 10. The crown
I f run Irom t4Uuccllou with rvllgiinw auvta, Jprluce will be present at the ceremony.
Oklahoma Maa la
Us4 Owaer In
Charged with as one of absolute necessity, but all at-I election of trustees, In April.
! tempts to get the government to build the I
I road have been futile. Now the matter
: haa taken tangible form, and it is believed I
SHAWNEE. Okla., Dec. 6. Frank M. 1
Grundy, who shot and killed Edward
Tomlinson. a wealthy distiller und land
owner, yesterday at Keokuk Fulls, aa the '
result of a feud and later resisted arrest
by barricading himself in his barn, wis
arreated today and brought to Shawnee,
where he waa placed In Jail. It was
brought out by the coroner'e investigation j
today that Tomlinson waa shot in the '
back, and the oproner's Jury recommended j
that Orundy be held on the charge of
premeditated murder. The liquor and tern-
perance factions are aroused over Uic af- !
full, aud uiora trouble i Icetd.
Senator Millard's bill will receive the en
dorsement of Quartermaster General Hum
phrey. Other bills which Senator Millard
Introduced were: For relief of John T.
Wertx and Walter H. Shoup, to fix the I
aalaiy it the surveyor of customs at
Omaha and a bill for the relief of tha
Omaha National bank. These are old bills
which were on the calendar st the last ses
sion, but failed to see the light
The Appropriations for West.
The secretary of the treasury today
transmitted to congreas estimates . of the
appropriations required for the fiscal year
'Continued on Second Page )
Movements of Ocean Vessels Dee. 6.
At New York Arrived: Kaiser Wilhelm
II. from Bremen. Sailed: Cedrlc, for Liver
pool; Blatendam. for Rotterdam; Ceolllj, for
Nnples: Gerly, for Naples and Trieste.
At Glasgow Arrived: Aatoria. from Now
At Liverpool Arrived: Lake Manitoba,
from Montreal; Oceanic, from New York;
Pm-lslan, from Halifax; Morion, from Phil
adelphia. Sailed: Majestic, for New York.
Al Antwerp Arrived: Finland, fiom
At Queenstown Sailed: Ivernia, for Bos
ton. At Genoa Arrived: Citta di Torino, from
At Copenhagen Arrived: Oacar II. from
At Marseilles Arrived: Italia, from NV
At Manchester Arrived; Caledonian, Irom
volume and enda with the following:
"Mr. Ransom: The answering surety de
"Mr. Prout: The state rests.' (Both tides
, There wus nothing to connect two ot the
volumes or to ahow that they are part
of the same case except the title endorse t
on the outside cover, and this title even
doea not cqrrenpoud. . '
The syllabus of the caae la a follows:
feylabua of the Cane, .
A bill Of exceptions will be quashed
where It la not certified and Identified . in
such manner that this court may know
that it is the identical bill allowed by the
trial court and the whole thereof.
The statute provides that a bill of excep
tions, where the original bill la need, et.sjl
ttaimd in l he transcrlDt of the record.
(.Where this court U prcesated WItV wha
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