Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 08, 1905, Image 1

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    The Omaha. Daily Bee.
Hense Appropriate Eleven Millions fr
conitrnotion Work.
Eitpmitioo to Critieia Estimates of Com
iuion Mort lawfully.
Several Amendment! Offend by Mr. Wil
liam Are Toted Down.
U la Expected (hat the Speaker
Will B -Ready to Aanoaace
ronmlOfra hy . that
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 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.
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.
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. ,
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.
Report that Criminal Proseeatlona
Mill Follow Sen York Insar
aace Dlscloanrcs.
' 1
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-
One of t
Hughes In
that the ,'
company I
Edward 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.
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
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
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.
Baltimore Lodsies Initiate 1,1 m w
Members with Elaborate
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.
Somber of Victims of Mine Disaster
at niamoadvllle. Wyo., Sow
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.
Object to Appointment! of lebrnskani
Without Their Being Consulted.
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
"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
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
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
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 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.
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. ,
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.
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
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.
Man Believed te Kaew of Geehel
Murder la Weaaded at
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.
Jury Returns Verdict ef Acquittal es the
Shoo ing (hgrge.
Prisoner Goes Bark to Jail Reiterat
ing Hla Faith that He Will Be
Freed and Restored to
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 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
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
"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.
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
. 4
. 4ft
. (Mi
. m
. no
. 4T
. 4(1
. 4.1
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.
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.
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.
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. .
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
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.
List of Injured Will Foot Up te About
Thirty, Eomeof Wh'em Xy Die.
Majority of Victims Were Ocoupatti of
Ciaer and Vail Cart.
Wreckage Takei Firs tod Sereral of the
Dead are Cremated.
Had Orders to Walt toe Four Fa
aenger Trains to Pass aad Pulled
' Out When the Third One
Arrived at Siding. 1
Employes allied:
W. H. BCbLU. first cook, Omaha.
LD KUbt-A iA L" Al, second cook, Oakland.
JOHN JLAWLiiaS, fourtn cook, Oguen or
J. F. Pll'ILLIPAR, mall clerk. St. Joseph.
r'KAXSK M'Kfc,NtsA, Oniana.
EMilMStK BRINK ot 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.
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
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
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
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,
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!