Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 8, 1905)
The Omaha. Daily Bee. NONE OF THE NEWS UNFIT TO BE READ IN WE HOME ALL THE NEWS WATS FIT TO BE READ IN THE HOME ESTABLISHED . JUNE 1 9, 1871. OMAHA, FKIDAY MOKNIXO, DECEMBER 8, lPO.i-TEN TAdES. SINGLE COPY THREE CENTS. AMENDS CANAL BILL Hense Appropriate Eleven Millions fr conitrnotion Work. ASKEO SIXTEEN AND HALF MILLIONS Eitpmitioo to Critieia Estimates of Com iuion Mort lawfully. DEMOCRATS ATTACK BOND PROVISION Several Amendment! Offend by Mr. Wil liam Are Toted Down. HOUSE ADJOURNS UNTIL MONDAY i U la Expected (hat the Speaker Will B -Ready to Aanoaace ronmlOfra hy . that Time. WASHINGTON, Dec. 7.-An appropriation of $11,000,000 was voted today toward the construction of the Panama ranal. The amount waa a compromise between the $16, 600.000 rarrled in the bill under considera tion and an estimate of something over H.OOO.OOft recommended by Mr. Wllllama, the democratic .leader, to carry on the work until the middle of January. Mr. Hepburn, In charjo of the bill, ttuggested that some thing Over fll.ooo.ooo would carry on the work until March. There waa no Intention manlfeat to delay the work, the only argument for cutting down the original estimate bring that cloae scrutiny might be had of the estimate. The hill waa amended In connection with sug gestions by Mr. Mann (111.) directing the president to require annual, reports from canal construction officers covering all de tails of the work, requiring such employes to give oongresa any information It may desire and restricting all expenditures to money appropriated by congress and to that received by the operation of the prop . erty of ths Panama railroad. Otherwise the bill was not amended and contains be aides appropriation a provision removing a tax disability against tha proposed bonds to be Issued for . the construction of the canal, thus placing the bonds on a footing with other government bonds as available for aecurlty for netlbnal bank circulation and to reimburse the treasury for the money appropriated in the bill. Bond provlslara Attacked. The bond provision In the bill was a point of attack today. Mr. Wllllama offered sev f. al unsucoessful amendments, all seeking ,. to abandon the policy of Issuing bonds for the canal work on tha ground that there Is sufficient available funds In the treasury to meet alt needed demands for tha canal work. Mr. Overstreet did not succeed In amending the bill so that the $10,000,000 al ready expended In construction might be refunded to tha treasury from the sale of the canal bonds. The policy of the two parties occasioned the feature of the debate and resulted In limited political discussion. Secretary Taft, accompanied by the audi tor and jiyjitlMiBft AgttliijBf the oanal com mission, cme-tr thctjapltot and remained available : to give any Information f that might be i aaked for on the floor, but they were not 'called upon. With the bill out of the way and no com mittees appointed to begin consideration of the several thousand measures that bavo been Introduced since the session began the house adjourned until Monday. BEXATE DlUClatiBS I.IKE IXSlHA.NtE Contributions to Campaign Faada by Cornoratloaa Considered. WASHINGTON. Dec. 7.-The subject of campaign contributions by Insurance com 'parties occupied the majdr portion of the lime of the senate today. It came up In connection with Mr. iTlllraan'e resolution calling for an Investigation of national banks' aid In politics and was exploited by the South Carolina senator In a speech' of soma length. The address dealt with the president's recommendations for the pun ishment of bribery in elections, with Sen ator Plates testimony before the New York Investigating committee and with other pertinent matters. It was couched In char acteristic language and attracted consid erable attontlon. The resolution directing the- secretary of the treasury to report whether the representatives of the national examiners show that the banka have made campaign contributions In recent years waa adopted At the close of Mr. Tillman's re nmrLt. A large number of billa were Introduced, ui noil g ihm tho joint statehood bill. Th senate passed a resolution Introduced by Senator Lodge requesting the president. If not Incompatible with the public Inter cuts, to send to the senate the papers re lating to a olaim of Cope Whltehouae to certain desert lands in Egypt. It la re ported that the lands claimed are now valued at $3,000.00. WESTERN MATTERS AT CAPITAL Postmasters and Rural Carriers Ap pointed fur lona and Other Western Points. (From a Staff Correspondent.) WASHINGTON, Dec. ,7.-(Spectal Tele gram. -Postmasters appointed: Iowa CoUfburg. Dcluware county, Emma J, t'hupman, vice Joseph Chapman (dead). Wyoming-Welling. Big Horn county. Uorgc-W. Wort ham. vice R. H. Cunning ham, resigned. Rural routes 7. and 9 were ordered s tahllnhed February 1 at Mount Pleasant. Henry county, la., aorvlng f33 people and -is houses. Rurul carriers appointed for Nebraska routes: Clarkson. route. . Emll Stodola carrier. Frank 8todol substitute: Wayne. roum 4. fleorge Crosslana enter. Arthur r! ItlcharUson substitute. , CASKS OF MITCHELL AXU Bl RTO. tnatlrted Senators Will Xot Be Given Committee Work. WASHINGTON, Dec. I.Followlg ; message rcnlgning the chairmanship of (ho aitjto commute,, on luteroreauic canals. Senator Mitchell of Oregon Informed Vice ITcrldent Fairbanks in, a telegram today that he does not care to be appointed on any committees. Ilia action establishes a precedent in relation to the sctlve sen-ice of senators convicted of criminal offenses, whir h a member of the republican commit tee to select standing committees will com municate to Senator Burton of Kansas. Senator Mitchell's request will be respected and it waa stated today that he and Seua t..r Burton will be left off all committee. Norwegian Sleaiurr Hank CHKI8TINIA. Dev. 7-Ths tlmber-laden strainer Fram was sunk today in Christ l aula. Fjord and seven of Its crew and four passengers were drowned. JERCWE MAY TAKE A HAND t Report that Criminal Proseeatlona Mill Follow Sen York Insar aace Dlscloanrcs. ' 1 EW YORK. Do rEW i ORK, Dec. 7 Attention was dl rected to the possibility of criminal action growing out of tne Investigation of life Insurance methods by a visit paid by Dis trict Attorney Jerome to the legislative committee while It was holding Its hearing In the city hail today. Mr. Jerome said that he wanted to. find out when he could get possession of a copy of the report of the committee. Chairman Armstrong has- already said that, he hopes to" have It ready for the legislature w' It meets next January. Counsel for mas F. Ryan, who bought the James H 'do stock of the Equitable Life Assura f society, conferred with Charles E. J ;hea, counsel for the In vestigating nlttee today, and said aft erward tha' . Ryan Is holding himself In readings S testify before the com- mlttee. One of t Hughes In that the ,' company I Edward I I mints brought out by Mr. ay"s hearing waa the fact al Reserve Life Insurance Mid $134,000 to the widow of irper. the former president of that company, since Mr. Harper's death In 1896. The money la derived from com tnlssiona which former President Harper drew on all the business written by the company. His widow, who has since re married, continues to receive the commis sions. Incident to this inquiry Mr. Hughes dis covered on Instance in wjirclt $S,0fO had been paid to President Frederick A. Burn ham of the Mutual Reserve Life Insurance company In 1KX and concerning which Vice President Oenrge D. Eldredgc of that com pany testified that he knew nothing. The bookkeeper who made the payment from a contingent fund said ho did not know what It waa paid for. The affairs of the Security Mutual Life Insurance company of Ftinghamton, N. T., wore again under Investigation today. One of the Interesting facts brought out was the statement of Charles M. Turner of that company that he had employed a few years ago a D. H. Keefer, one of the clerks In the office of the superintendent of in surance at Albany to act as consulting actuary of tiie company at $l,oro a year. For all Mr. Turner knew, he said tho ar rangement wa still in force. INDIANA OFFICIAL Ts OUT Goveraor Removes Adjutant General, Who la Charged with Pad dlna; Payroll and Bills. INDIANAPOLIS, Dec. 7.-John R. Ward, adjutant general of Indiana, resigned today on the demand of Governor Hanley as the result of an investigation of his accounts. The Investigating committee claims there Is a shortage of $976.75, which waa secured by General Ward by padding the totala on his requisition for the pay of the forty four companies of the Indiana National Guard and on warrants for supplies for the troops. General Ward waa appointed adjutant general by former Governor W. T. Durbin and was adjutant of the 161st Indiana regi ment . jjv.-tha ..Spanish-American,-war. of which regiment - former Governor a Durbin was colonel.. Theshortagt discovered ex tends back to December 8, 1903. Papers and records pertuinlng to the case were forwarded by Uie governor to Charles Benedict, prosecutor of Marion county, for presentation to the grand jury. Prosecutor Benedict Immediately Issued subpoenas f or William Durboro, James Noel and Auditor of State Blglcr, members of the investigat ing committee, requesting them to appear before the grand jury, wbloh la now In ses sion and testify concerning the findings. Adjutant General Ward has turned over to the treasurer of statu two checks, one for $993.63 to cover the alleged shortage, the other for $048.-7, which represents tho amount of state funds held by Ward in Custody. CARNEGIE ON IMMIGRATION Steel Kin Says Bonos shoold Be Paid to Men with Thrift Enoaah to Earn Pasae Money. NEW YORK. Dec. 7. Andrew Carnegie aald today that if he owned America he would give a premium to immigrants for coming here. Mr. Carnegie waa speaking on the immigration question before the National Civic federation, and sold: Our country has more than one serious problem, but immigration Is not among them. We have solved the question In the present but somewhat too drastic law that we have enacted It Is not a problem for ua. It is the problem for the poor, unfor tunate countries from which we are drain ing the best blood. Now, I hold that the prime test and the only test we should exact Is this:' Has u man the ambition to enjoy the riglita of air American citizen and has he the habits of sobriety and frugality to save the sum necessary for him to reach tills port? And la he skillful enough to earn that surplus 1 want no better teatimony than that. If I owned America and was running it as a business operation, I would gi only look for that man, but i would give every man of that kind a premium to come here and consider it the best bargain 1 had ever made in my life. Taking the value of a man, woman or child In this republic as low 2f.S "if X!i 5n.1. "L"1 " an average of luij tg, aua you are I getting 4OU.0UU a year, which means $400 -i OuO.uuo cash value. Furthermore, every man who corties here Is a consumer and I 90 per cent off all the earnings of even the I rnost saving goes to employ other labor of I some kind. It is not purity of blood you want, it is the niingiint; of different bloods that makes I the American. , BIG CLASS OF FYTHIANS Baltimore Lodsies Initiate 1,1 m w i Members with Elaborate Ceremoales. BALTIMORE. Dec, 7.-Thls city stepped , nullum in me eyes of all I Knights of Pythias, the local lodges break i Ing all, records by Initiating l.Uii new j members simultaneously. The principal ad- dresa was delivered by Hon. James E. Wat aon, former grand chancellor, of Indiana, other speakers being Supreme Vice Chan cellor Charles A. Banes of Illinois, Presi dent of he Endowment Rank Charles P. 8. Ncill of Illinois. Grand Chancellor of Maryland Reno. Sharp and Past Chancellor , Harry L. Price of this city. The Initiation ceremonies were conducted by the Mountain City lodge team of Frederick ' Md. TWO MORE LIVES ARE LOST Somber of Victims of Mine Disaster at niamoadvllle. Wyo., Sow TwenO-n. DIAMOKDVILLK. Wj o., Doc. 7.-Devel-opmenla lody bi ought to llkht the fact that two sdditional lives were Inst In the explosion In mine No. 1 here lat Friday night, making the totul twenty-one. Today four bodies were recovered at the top of the slopo and two are still In tha mine. SEXAI0RS ARE .AGGRIEVED Object to Appointment! of lebrnskani Without Their Being Consulted. MILLARD SETS COVETED POSITION Somber of Bills Introduced In Which People of Nebraska Are Inter ested Conference oa Forest Reserves. (From a Btaff Correspondent.) ' WASHINGTON, Dec. 7.-(Speclal Tele gram.) There la quit a feeling In the Nebraska delegation that tho senators at least from that state should be consulted w-hen consuls and other representatives of the Department of Stnto aro appointed. This feeling Is probably traceable to the nomination of Louis Host otter of Nebraska to be consul at Hermoslllo, Mexico, to 'fill an original vacancy. Not a member of the Nebraska delegation ever heard of Hos tetter until this nomination came Into the senate. "Who l he?" asked Burkett of Millard. "I never heard of him," replied the senior senator. , "Suppose we let the confirmation go over until we know who the State Department la appointing for us and accrediting to our stats." This happened today and the nomination of Hostetter. as well as that of W. H. Michael, appointed consul general to Cal cutta, went over. While the Nebraska senators have not reached the stage of protesting against the action of the State Department in appoint ing persons to the consular service they be lieve they ought to be Informed of con templated action or at least told of the residence of the appointee and those back ing him for the appointment. 1 Millard Gets the Plare. Senator Millard will go to the head of the committee on lnteroceanlc canals. That was decided to day. It Is said, by the com mittee on committees. Senator Burkett is anxious to secure the committee on geologic survey which will probably come his . way. Senator Dolllver will go. It is said, to the committee on educutlon and labor. Senators Klttredge and Gamble will probably remain where they now are, both having good committee assignments. Senator Warren of Wyoming becomes chairman of tho committee on military affalrV and Senator Clark chair man of the Judiciary committee; Senator Scott of West Virginia goes to the head of the committee on public buildings and grounds. These committee assignments, It is understood, were agreed upon today. Seth Bollock In Washington. Beth Bullock, -the picturesque plainsman, now special agent of the Black Mills for est reserve, but recently nominated for t'ntted Statea marshal for South Dakota, arrived in Washington lust night. Bullock, who is a warm personal friend of the president. Is here - by . order of Forester Plnchott to attend a conference of re serve officers looking to changes ' In the regulations governing forest reserves as experience with 'existing regulations has made advantageous. In addition to Seth Bullock there are ' present Forest Stiper vlsors Robert E. Miller. Teton division of the Yellowstone forest reserve, Wyoming; D. 6. Marshall, Utah forest reserve, Utah; G. A. Fallem, Mount Ranler forest re serve, Washington; Forest Rangers L. F. Kneipp, in charge of Pecos river forest reserve. New Mexico; E. S. MalnVaring. of the northern division of . the Sierra forest reserve, California; Forest Supervisor E. 8. Sherman, Montana division of Bitter Root forest reserve, and Forest Ranger R. K. Wade, of the Gila forest reserve, New Mjlxico. Today Mr. Bullock culled on the president and thanked him for his appointment as United States marshal. Tonight he was a dinner guest of Secretary Lueb. Representative Martin, of the Black Hills district, is greatly pleased with the ap pointment of Bullock and says the presi dent Is to be congratulated on the choice. Many After PIa.ce. Applications for register and receiver of the Valentine land office are beginning to arrive by - mall and telegraph now that news of the dismissal of Pettljohn and the resignation of Towle is becoming known. Judge Kinkald -has objected to any hasty action on the part of Senators Millard and Burkett, Insisting that the w'ishes of con stituents l',i the Valentine district should be known before any action la taken. San ford Parker of Spencer, who was formerly register of the Niobrara land ottioo before It was removed to O'Neill, Is a candidate for one of the places. It Is expected ac tion will be taken In a few days. orth Platte la the Ring. The North Platte Commercial club has petitioned the general land office to have the Sidney land district tacked onto the North Platte district for the reason that the business of the Sidney office Is rapidly fall ing off and In a little while the office will have to be discontinued under the rules of the department. Hearlntf for Canalavham. Tomorrow the Nebraska delegation will hold a meeting in Senator Millard's com mittee room for the purpose of hearing o. H. Cunningham's statement as to the rea sons why he should be restored to the ruraf free delivery service. Should these reasons prove at all convincing It is thought ths delegation may see Its way clear to urging upon the postmaster gen eral Cunningham's restoration. Confer on Hot Springs Sanitarian. Captain Palmer, who la a member, of tha board of managers of the National Soldiers' homes, had a conference with Representa tive Martin today In reference to the Battle Mountain sanitarium at Hot Springs, 8. D. As a result of that conference Mr. Martin will urge an appropriation of $150,000 for the maintenance and cure of the sanitarium and $i.0O0 for Improvement of the grounds. Breekenrlde Pleads for Indians. Ralph W. Breckenridge of Omaha Is in Washington for the purpose of urging upon congress the restoration of the abro gated treaties of the United States with the Medawakanton and Wahpaknota bands of Sioux Indians, known otherwise as San tee Sioux, many of whose descendants reside In Nebraska and tha rest In South Dakota. Some $3.(00,000 are involved and Mr. Breck enridge Is here In the Interest of simple justice, aa he says, "for the people ,who could not be held responsible for tha acts of their ancestors." . Benefits for Sebraskaas. Postmaster Palmer todayv succeeded In promoting six of his clerks In the Omaha panto fries from the $su0 to the $700 class. Senator Burkett today Introduced forty one pension bills for residents of Nebraska calling for an increase of pensions now being drawn. In the list are nine widows of veterans, each of whom auk that con gress give them a pension of $M per month lu lieu of that which they now r-eelve. The nainea of these widows are Mrs. 'Continued on 'Second Page.) protection of children ' Academy of Political Hclence DU. rnsaes Child I hor la Fae Mines.' torlerf mnA PHILADELPHIA. ec. 7. Men and women prominent In t ho movement to re- strict the employment f children of tender yenrs took part tonigAt In the discussion of "the protection of Children" at the De cember meeting of tho! American Academy of Political and Social Science, which was held In Wltherspoon hull, this city.' To night's meeting was preliminary to the three days' session which the national child labor committee will begin In Wssh lugton tomorrow. The principal speaker of the evening was Dr. 'Frllx Adler, profes sor of social ethics. Oilumblx university. Dr. Adler told or the efforts mado to restrict the employment of small children and among other, things said: The rmancinatlon of rhl,nhn,,H from rr. nomlc servitude Is a snrinl reform of the' first msenltucie. jf t mmes be under- puroo mat a cnill has a soul which must pot be blighted for the prospect of mere gains. If this be generally conceded with, regard to the child, the same essential reasoning will be. round to apply also to the adult workers; they. tor, wi.l not be looked upon as mere commodities, as mere lnstru nientsifor the accumulation of riches. I (lave great he-pes for the adjustment of our labor difficulties on a blither plane. If only we can gain the-initial victory of Incul cating regard for the higher human nature that is present potentially In the child. An address that created Interest was that made by Owen R. Lov -joy of New York, assistant secretary of the national child lahrjr committee. Mr. Lovejoy made a tour V the anthracite. o il regions of Penn sylvania as a result f the revelations made before the anthrai te coal strike com mission of the employment of children In and about the mines and In silk mills of that region. He said: Children are employed below the age pre scribed by law in every antbrnelte colliery In I eniis . Ivania investigated bv this com mittee during the psst eighteen months. It 1b estimated that before the pasaage of UW last yrMr thor wro than R.ooo boys under II working In the coal breakers, while some boroughs would Indi cate an even greater number. With a sworn statement a f-year-old boy could be em ployed without violation of the law on the PT.-of tn employer and there Is a general Indifference throughout the region and a widespread feeling that child labor Is not injurious. 1 A study of the. field last month failed to show any Important improvement since he passage of the new law. We urge that such steps ehall be taken as shall exclude every child under 14 years from the coal breakers f your state. Addresses were also made by Msry E. RJchrmyid, secretary of the Philadelphia society for organising charity; Mrs. Flor ence Kelley. secretary of the National Consumers' league, and Snmuel McCune Lindsay, secretary of the national child labor committee. PORTER REFUSES THE MONEY Former Ambassador Declines Repay, meat for Expendlturea la Recover ing Body of John Paul Jones. NEW YORK. Dec. 7i-General ' Horace Porter, former America ambassador to France, has written a I tter to Congress man Henry T. Ralney, r questing that the congressman abandon h i proposed Inten tion to move an appropr Mlon toy congress to reihiburse General Po ter for the sums mnmnttaA In 1 . j ... wim. m l recovering trie Hrwt 9 Ts,!. T ..1 ' . u, in inier i oat n a., regarded the work as a purely, personal unde'rtaklng and that it was performed without any intention of looking tO tha rnrrnmiil , for reimbursement. He suggests that any ' "inouni wnicn congress may think due , him bo added .to the contemplated appro ; prlation for ornamenting the crypt of the I chapel at Annapolis, which has been made j the permanent resting place of Admiral Jones' body. , CONSPIRATORS PLEAD GUILTY William Mcswaln and Wilbur Cole. Scuteac-ed for Trylna; to Extort Money. CHICAGO, Dec. 7.-Wllllam McSwaln and Wilbur Cole, pleaded guilty today In Judge Kersten's court to the charge of con spiracy to extort money from members of the firm of Armour A Co.. and were sen tenced each to thirty days in jail. The men were accused of attempting to obtain money from Armour & Co., because of cer tain1 letters which they had taken rrom the company and which they claimed would be valuable to the government lit the prosecution of the Beef trust cosss. The court proceedings were very brief. Pleas of guilty were entered as soon as the men appeared In the court room, and on motion of the prosecution aentenoe was passed, giving them thirty days each in jail. No testimony was taken nor were the letters read In evidence. i DERRICK GUY ROPES ARE CUT 1 Fifty Mob Employed oa New York j Building Have a harrow Eauape from Death or Injury. NEW YORK. Dec. 7. 8ome unidentified person or persons today cut the guy ropes of the derrick on the new Altman building In course of construction at Thirty-fifth atreet and Fifth avenue by Post & McCord. the contractors, against whom the struc- lurai iron workers are waging a strike, j But for the fact that the damage was dis j covered in time many workmen might j have been killed or Injured. Nearly fifty men were about to begin work when a shout of warning was heard. Just us the workmen escaped the derrick fell with a crash. There was a similar occurrence recently In another Post & McCord building at Fourteenth street and Tenth avenue. The employes charge that It waa the work of strikers. YOAKUM HEADS ROCK ISLAND Former President of 'Frisco Takes tharc of Operation ef All Lines of the Moore System. NEW YORK. Dec. T.-B. F. Yoakum was today elected chairman of the executive committee of the Chicago, Rock iHl&nri a. i Pacific Railway company, succeeding Rob ert watner. who resigned. Mr. Matlier con tinues as president of the Rock Island Com pany and aa general counsel of all opera ting companies In the system. Mr. Yoakum assumes Immediate charge of the operation of all the Rock Island and the St. Louis & Ban Francisco lines. WITNESS SHOT IN CALIFORNIA Man Believed te Kaew of Geehel Murder la Weaaded at BakersfleIC, BAKERSFIELD. Cal.. Dec. I.-Ciiarlts Elher, who Is believed to be a tniswlng wit ness to the killing of Governor Goebe In Kentucky, wss shot In the breast by an unidentified msn here today. PAT CROWE IS NOT GUILTY Jury Returns Verdict ef Acquittal es the Shoo ing (hgrge. CHARGE OF ROBBERY STILL TO BE TRIED Prisoner Goes Bark to Jail Reiterat ing Hla Faith that He Will Be Freed and Restored to Usefulness. An hour and twenty-five minutes was oil the Jury required to come to a verdict after ths trial of Pat Crowe. The Jury retired at 7:60 p, m. and returned to the courtroom nt :15 ready to report. Crowe was brought to the courtroom and sent one anxious glance In thm itlrAi.t(nn rt Ilia n.an M'lin blr! blft ! fate in their hand. His face was white and i tense as the foreman rose to address tne I court, but a fash of joy overspread his fea- j About fifty spectators were In the room and an appearea to be satisilea witn tne ver dict. Crowe was returned to the Jail, where an other charge awaits him, that 'of robbery. In connection with the Cudahy case. Never theless, Crowe seemed to bo very cheerful as he discussed the recent trial. He ex pressed himself as not at all surprised at the result and that he had the same faith for the future. He said. "You mny'mako this statement for me It you will." Ho then dictated the following: "I re member to have said to a reporter In Butte, Mont., while confined there, that God takes care of all of us, and I believed that He would take cure of me. I believe .1 mad that statement faithfully. I believed that when a man's intentions were right for tune would favor him. Although still In prison, I have faith to believe that this for tune will still be with me, and that my friends will never have cause to regret their fidelity. I intend to make my future home In Omaha, and here I expect to retrieve my lost prestige." Court Instracts the Jury. About 1M people assembled, in Judge Day's courtroom at 7:30 last night and listened with eagerness to the instructions of tfe court to the Jury which was trying Pat Crowe. The jury filed In at 7:3j. Perfsct attention ,was given to tho instructions of the court. These were read by the Judge end touched briefly the points of the cine. After statins tho two counts of the Indict ment the Judge showed that as the de fendant had pleaded not guilty it was thu burden of the state to prove him guilty be yond a reasonable doubt. If the defendant were found guilty the punishment must be a ttrm in the penitentiary. He' declared the intent of the defendant must fix the degree of his guilt, but this was not susceptible of direct proof by witnesses. It must be In ferred by tha nature of the evidence. Such a matter was within the province of the Jury to decide by unprejudiced examination of the evidence. It must decide tho prisoner did make the assault on September 6. 1905, in a malicious spirit and manner, unlaw fully and feloniously. He declared tho de fendant to bo a. competent witness In his own behalf and the fact that he did po testify must not bo placed to his. discredit. The Jury was urged" to take Into considera tion the nature of the wound and all the at tendant circumstances. It must decide whether ; the plaintiff or the defendant opened fire first. He also stated that the evidence of a police officer should be more carefully weighed, than that of any other person from tha fact that it is his business to present evidence that will secure convic tions, hence his evidence Is naturally more convincing on the ace of it. Defease Springe Surprise. It was the turn of the prosecuUon to be surprised Thursday morning; In the pat Crowe case. When Judue Day, on taking the bench, said, "Proceed, gentlemen." Mr English at once responded. "The defense rests." County Attorney Slabaugh smiled a smile of appreciation of the turned tables, then consulted with his assistant. Mr. Foster and announced. "The state rests." He asked for five minutes to gather the threads of the testimony for the opening argument, and at the end of that time Mr Foster took the floor. He devoted almost an hour to a careful review of the testi mony of the witnesses for the state, going over, it seriatim. Of the testimony of the two witnesses for the defense Mr. Foster said it meant nothing and proved nothing neither did it contradict any material part of the state's caso. Attorney Ritchie opened the argimieut for the defense with an impassioned discussion of the bill of rights and the sacredness of every man's liberty in this country. H warned the Jury against the cherishing of any bias, prejudice or anger ajjainst de fendant and to keep always Iniiilnd the presumption of innocence concedod to tho accused by the law. The testimony of the detectives who were present at what Mr Ritchie called "the batUe of Hickory street" was analysed. Its divergence pointed out and it waa held up to ridicule until the audience snickered. Then Judge Day for the third time during the trial threatened to clear the court room if there was any further demonstration. Mr. Ritchie contended that all of the de tectives had guns of 38-callber and that It waa a bullet from such a gun that had struck Jackson. He asserted that when an uncertainty was created as to that fact whether Jackson was hit by the fifth man or by one of his companions-then th. state's case fell. . " Enirllah and Slabaugh. ' Attorney James P. English followed his colleague for the defense. Ho opened by saying he had felt that his client was safe from conviction when the case opened and he felt equally confident now that It waa cloalng. For that very reason he had felt willing practically to rest his client's case on ths testimony of the state. He said the state relied entirely for any possibility 0f conviction on the testimony of three police officers Interested in saving their own faces " unempiea arrest and defeat The state must, to convict this defend ant," said Mr. English, "prove beyond the possibility of a doubt three propositions First, that the man with whom the detec lives exchanged shots on the night of Sep tember waa Patrick Crowe; second, that Crowe fired the shot which struck i-i, and third, that the shot waa fired unlaw fully, feloniously and maliciously, and not In self defense. We assert, and we believe that the Jury will agree with us, that tha state's evidence does not sustain these propositions. "This whols case on the part of ths state has been tha greatest farce I have ever seen In a court of Justice, and they havs tried, by the testimony of Jackson snd Leahy, to turn the farce Into a tragedy The, spectacle Is ludicrous. The man they attacked had a perfect right to defend him self and to protect himself from great bodily barm. He Is entitled to. all the rights of any other act-used person ut your Jontlnud on Bucond Page. f NEBRASKA WEATHER FORECAST Generally Fair Friday and Sntarday. Temperatare at Omaha Yesterd Hoar. Dear. Hoar. A a. m a I p. m a. m ...... Jt. it p. m T a. m H4 a p. ro M a. tn...... ;u 4 p. m a. m 84 ft p. m 10 a. m al H p. tit 11 a. n 40 T p. m 12 n 44 ' H p. nt ft p. in yi Dev. . 4 . 4ft . (Mi . m . no . 4T . 4(1 . 4.1 . WILL INDICT RAILROAD MEM I Federal Grand Jury Expected te Brlna- ( haraea Aaelnst Officials for Paylna; Rebates. : CHICAGO, Dee. 7. Indictments are ex pected tomorrow from the federal grand Jury involving railroad officers and at -least one railroad. B. 8. Cusey. traffic manager of Schwarichlld A Sulzberger packing con cern, was before the inquisitorial body to day for several hours and at the conclu sion of his testimony it was said that cer tain railroads and officials would be indicted on charges of extending rebates to the packing company In violation of the law, which provides that one shipper shall not be preferred above another by the granting of rebates In the guise of damngn claims. Last summer Mr. Cusey waa indicted and pleaded guilty to a charge of accepting rallr md rebates, for which he paid a fine of tfi.OO. Iter Cusey testified in the case of tho Interstate Commerce commission against several railroads to compel them to comply wllh the orders of the commission. At that time he was asked concerning re bates alleged to have been granted by cer tain railroads. He presented figures show ing that one railroad alone had paid hla firm mole than $20,000 In damage claims In three years. MRS. BERRY TRIES TO ESCAPE Woman, Who Held Car for Four Days Afraid Officials Will Lock Her I p. GIRARD. Kan., Dec. 7. Mrs. Berry, cap tured yesterday with the aid of ammonia after she had held possession of a railway coach here for nearly five days, attempted to escape today from the sheriff's office, where she Is confined. She was caught climbing out of a window and pulled back. She was afraid, she said, that the officers Intended to lock her up. No word has been received from the woman's relatives and she probably will be given a hearing on a charge of Insanity. TULSA, I. T., Dec. 7. James O. Bailey, father of Mrs. Berry, the demented woman who barricaded herself In a St. Louis A San Francisco passenger coach at Glrard, Kans., came to town today and for the first time learned his daughter's condition. He sent a representative to Glrard and tho woman will be brought here tomorrow. Mr. Bailey is a wealthy farmer. SENATOR MITCHELL VERY "ILL Said .to Be Bleeding- te Death aa Result of Havlua- a Tooth t- . . Extraeted. PORTLAND. Ore.. Dec 7 United Statea Senator John H. MttoheU la said to be In a serious condition from loss of blood, fol lowing the extraction of a tooth early to day. Mr. Mitchell's condition, was so serious that he was removed to a hospital. After Mr. Mitchell's return from the den tist's office blood continued to flow and from i o'clock, this afternoon1 the physicians worked unceasingly until after 7 o'clock this evening before the flow of blood could be stopped. Besides Mr. Mitchell's advanced years, the severe mental strain which he has under gone for the last year, owing to his con nection with the land fraud trials In thle state, has left- him In a weakened condi tion physically and In poor condition to withstand the drain on his system caused by loss of blood. NEBRASKA SAILOR ENDS LIFE M. V. ( apian of Kearney " Commits Hulclde at .orfolk, Tn., Because of III Health. i NORFOLK, . Va., Doc. 7. MT. V. Caplan. i a sailor In the, navy, committee suicide here today because of ill. liealth. Capla'n's home wtis at Kearney, Neb.h KEARNEY. Neb DeV".-(SpeclaI Tele. gram.) M. V. Caplan was a son of J. L. Caplan, a farmer llvljjig a few miles from Odessa. Neb. He Was HI years of ftge and a aullcr on the United States ship Benning ton, being discharged from that boat Just prior to the disaster. Ho came to Kearney ror a visit and left for Chicago a short I time ago and re-enlisted In the navy at that pluce. . DOUBLE TRAGEDY IN ST. LOUIS Dead Bodlea of Maa and Wonka n Fouad la Room with the Gas T.rn.d oa. v 4 s . ST. LOUIS. Dec. -7.-.TM f-u Bodies of Annie Mitchell and 'aIoiibj Conway were found In a boarding tQtiaar room'on Wash ington avenue this a ttefnodtjr tliliaving been asphyxiated, asrttif rof .-wajf full of gas from an open gas ; i'' police have bean unable to d4i-n ' bvther the case waa a double suicide sf '"tils' result of accidentally turning on thj ktoi e, Wfter the .flame had been turned .TV iJMbVwere intoxicated when they e!?fai 4 j ''Aiom lost night, saying they wats iiWtlpd- and wife. f ys ;', 4 BACK BROKEN IN MjsS(PLAY Bridgeport (Conn.) Foot BalJPlayer Dies ef Injuries Received la Thanksgiving Day Game. BRIDGEPORT. Conn., Dec. 7. Leo Mc Xilly, y. years of ae. who was Injured In a foot ball game between local teams In this city on Thanksgiving day, died today. Mc Nally's back was broken In a mass play. Movetneats of Ocean Vessels Dec. T. I At New York Arrived: 'Nnrd Ameri'H 1 frnm K'n nil. k'u 11.. f - , ' . - ' ...... .......... wnneugue. ror Havre; Cretlc, for Naples. At Liverpool Arrived: Ottoman, from Portland. Sailed- Nnraeman, for Portland Corinthian, for Halifax. At Glasgow Arrived: Buenos Ayresan from Dohioq. ' At Manchester Arrived: Caledonian from Boston. ' A london Arrived : Marquette, from Philadelphia. Sailed: Minuetonka and Pomeranian, for Halifax. At Palermo Sailed : Sicilian Prince, for New York. At Queenstown-Sailed: Majestic, for New York. At Marseilles Arrived: Mnnnlllla from Ii w i urs i eianoiiiia. ironi Kew York. I At Bremen Arrived: Chnms, from Baltl- ' more. i At Ilsvre-AiTlvcdi La Lorraine, from New York. NINE DEAD IN WRECK List of Injured Will Foot Up te About Thirty, Eomeof Wh'em Xy Die. FREIGHT AND OVERLAND LIMITED COLLIDE Majority of Victims Were Ocoupatti of Ciaer and Vail Cart. INJURY TO PASSENGERS MOSTLY SLIGHT Wreckage Takei Firs tod Sereral of the Dead are Cremated. CREW OF FREIGHT DISREGARD ORDERS Had Orders to Walt toe Four Fa aenger Trains to Pass aad Pulled ' Out When the Third One Arrived at Siding. 1 DEAD A.D IXJt RED. Employes allied: W. H. BCbLU. first cook, Omaha. LD KUbt-A iA L" Al, second cook, Oakland. JOHN JLAWLiiaS, fourtn cook, Oguen or Oakland. J. F. Pll'ILLIPAR, mall clerk. St. Joseph. LLfcCTlaClAN STIGEKd. r'KAXSK M'Kfc,NtsA, Oniana. EMilMStK BRINK ot Rawlins. BKAKLMAN E. IS. SMITH of Rawlins. V. A. Pt-J t-MMON, mail clerk, Cheyenne; burned to ucatn. .Employes Injured: T. J. Smith, waiter (colored), Oakland. R. S. Mitchell, waiter (colored), Oakland. W. D. Parker, waiter (colored). 618 Fif teenth avenue. Council Bluffs. Kd Hurt, waiter (colored), Omaha. Will Horlque, third cook, San Francisco. F. A. Wheeler, dining car conductor. Andy Jordan, engineer, Rawlins. A. Wlllliams, porter, Chicago. Oscar Peterson, fireman, Rawlins. ' J. II. Alfers, fireman, Rawlins; leg broken. ' C. A. Shafcr, mall clerk, Benton, la.; skull fractured. Missing: Passengers injured : One man, would not give name. J. C. Hooper, Salt Lake, sprained ankle. M. C. McCoy, Kansas City, not hurt, but caught cold. Mrs. A. C. Blcknell, Oakland, scratched. Miss Edna Lissack, San Francisco, scratched. . Mrs. Maud Riley, San Francisco, contu sion of right knee ana right wrist, Mrs. a.. Cook, San Francisco, bruises n both knees. S. M. Hulett, San Francisco, left leg con tused and right hand slightly cut by glass. Mail Clerk J. A. Newsom of North Bend could not be found for a time after the wreck and waa supposed to have been under ' the wreckage, but he later turued up practically uninjured. . , Nine persons are dead and thirty are injuicd as ' the result, of a1' bead on . collision between the' Union ''ar clflc's "Overland Limited No. t and a west bound freight rain at Ab Bay, Wyo., a station five a.iles west of Rock Springs, at 3:43 a. m. Thursday. . Much ot this Information, which was first published In an extra edition this morning by The Bee, was given out from Union Pacific headquarters in this city, where the officials sent out orders upon learning of the disaster calculated to pro vide every alleviation for the sufferers. Fire Instantly followed the collision and the dynamo! car, mall car and diner on the Overland were almost entirely consumed. Both engines were destroyed, the engineer who had mistaken his orders paying tha price with his life. The bodies ot the two mail clerks and three cooks killed . were pinioned In the wreckage and were burned beyond recognition. Conductor Admits Blame. The freight bad orders to wait on the siding at AU Say, a station five miles west of Rock Springs. Wyo., tor four eastbouae) passengers to pass The train crew of lb) freight went wrong and when three pas passenger trains had passed the freight pulled out and a' mile and a halt west ot Ah Say ran Into the Overland Limited. The conductor on the freight train, Roy Durrell, who escaped uninjured, has ac knowledged it was the fault of the engineer and himself that the accident occurred. He said the orders were plain enough that they were to wait until four trains, had passed before moving, but that either by a mifccuu'nt or some way that has not buen fltruriU out the train was moved out unto the main track before tho fourth train. which was the Overland Limited, had come along As the wreck occurred six miles and a half from the state hospital, which Is located at Rock Springs, all ot the Injured were hurried there for treatment and tho dead were held to await the arrival ot the coroner. A delay west of Granger had delayed the passengers until they were following ftne another and the crew had positive orders to wait for four passenger trains to pass, but they evidently miscounted or misun derstood their orders, for they pulled out when the third uassenger train had passed. Superintendent Park of the Union Paclflo furnished the press with all Information possible concerning the wreck and every assistance was rendered to the Injured The wrecked train was due In Omaha Thursday night. The wreckage waa cleared away during the day and traffic resumed. '-. Omaha Home Is addeaed. W. H. Buzbee, who was killed, resided with his family at 40'JS Charles street, and Ed Hurt at Twenty-seventh and Burdette. The news of Buzhce's death created a piti ful scene at his home. A little niece, hear ing of the disaster, took a Walnut Hill car and hastened to bear the sad tidings to her aunt, a friend requesting. The Bee not to telephone the poor woman until she had heard of It through her relative. Busbee had been cook at Krug park last summer. E. W. Field. 4L'7- lxard street, one of the veteran mailmen of the Union Pacific, knew all the mailmen In the wreck. He says they were all young men, ranging from 24 to SO years. Phillipar, who was Incinerated, resided at St. Joseph; J. A. Newsom at North Bend, U. A. Peterson at Cheyenne and C. A. Shafer at Benton, la, Mr. Field got In off his last run Wednts. day, returning on No. I. About the time lie arrived he met and talked Willi a brother of NewHoni, who ruua nut of Umuha. H came in on No. 1.'. ( Sliaf.-r, Mr. Kb Id said, was In charge of the mall ear. The Hint's special report from Cheyenne sy he was rendered un. conscious, but IboujfUt awl le be serious!