The Omaha! Daily Bee.
BRVAV8 LETTER START
Sunday, January 14
BRYAVS LETTER". START
Sunday, January 14
I THE BEE.
14 THF. DKFn
ESTABLISHED JUNE 19, 1871.
OMAHA, WEDNESDAY MORNIN(, AXUAKY 3, 190G-TEN PAGES.
SINGLE COPY TIIHEH CENTS.
ALL QUIET IN MOSCOW
N Fighting in 8'ree'i of Ancient Capital
Since 8aturdaj.
LOSS OF LIFE GREATLY EXAGGERATED
uuggga
Total Bomber of Dead and Wouided Leu
Than Twen'j-Fife Htnared.
STORES ARE OPEN AND STREETS CROFfl
Feeple Prepare for Holidays, IndiflV
Eeceit Scenes of Turmoil '
RAPID CH'NGE IN SPIRIT OF POI
While Uuarda Are Doubled and
for Revolutionist Continues,
eoTltes Are Making Prepar
tlona for Chrlilmu, ',
I
i
C E
c
MOSCOW. Jail. 2.-(Vla 8t. Petersburg,
Jan. 2, S p. ni. It Is impossible to ascertain
the total losses resulting from the ten days'
revolt, as many of the dead and wounded
have not been reported at the hospitals,
public or private, and some of the bodies
were Incinerated. But a personal tour of
tho hospitals shows there were 5W killed
and 1,066 wounded. One hundred and seventy-four
of the Injured taken to hospitals
have since died. The troops list nine killed,
of whom two were officers, and fifty-one
wounded. Among- the killed or wounded
were a number of children, the returns
generally showing that Innocent persons
suffered the heaviest. The final figures of
lh casualties will closely approach 2,5"0. the
original estimate In these dispatches.
The atorlos of the discovery of great heaps
f dead In the Presna district, as well as
other sensational stories printed by the
local papers, like the statement that over 100
revolutionists are still holding the Prok
haroff mills, turn out after an Investigation
to be untrue. There has been no fighting at
the rrokharoff mills since Saturday.
An eye-witness of the surrender of the
lust hatch on Sunday says that two of the
ringleaders were shot without even the
semblance of a trial.
The property of foreigners In the Presna
district has been destroyed to a considerable
extent, among which is a five-story brick
building belonging to a naturalized Amer
ican, M. Stralfoloffskl, who has lodged with
the American consul, Mr. Sndth. a demand
for damage against the Russian govern
ment, which will be forwarded to the em
bassy at St. Petersburg. Four similar de
mands for damages have been lodged with
tho llrltlnh consul and evon with the con
sul of Germany by German subjects.
Preparing for Christmas.
MOSCOW, Monday, Jan. 1. (Via St. Pe
tersburg. Jan. 2. Except for the numer
ous military patrols In the streets and the
pillars of smoke lazily floating above the
ruins of factories and houses In the Presna
district, there Is little to recall the night
mare of tho last ton dy. A If by raaglo
In twenty-four hours the appearance of th
city has changed. The stares everywhere
have been rnoponed ,and th .streets ar
crowded with holiday shoppers making be.
lated, purchases for the Russian Christmas,
whlc. according to the Julian calendar,
falls Inn Sunday.
. As the early northern night fell the
guards were doubled, but the electric street
lamps brilliantly lighted the shop windows,
reassuring tho people who lingered on
merrymaking with the careless indifference
of the Russians to the dramatic tragedy
Just ended.
The Presna- district, however, presented
another picture. There people by the hun
dreds who had been burned out were ex
citedly searching the ruins or bemoaning
lie luss of dear ones, while the police and
troops continued their unceasing hunt for
hidden revolutionists.
DruJInaa Surrender.
A batch of Drujlnas surrounded In a
sugar factory In the suburbs during tho
night surrendered this morning when they
found that further resistance was usclcbs.
The only other warlike Incident was a rear
attack mado by a body of DruJInists upon
a detachment of troops stationed at a
bridge with Instructions to cover the work
of tho firemen. The soldiers when attacked
turned right about face and fired a volley,
killing three students and wounding several
others.
This was the coldest day of the winter,
the thermometer registering lft degrees be
low sero. The roaring fires at which tha
pickets are wanning themselves gives a
touch of plcturesqueness to the streets. Two
most Important captures were made today
Volkoff and Mallnnfr, tho chiefs of th
fighting organization and members of the
national revolutionary committee. The au
thorities are promising amnesty for tnfor.
mat inn regarding the leaders and the hid
ing places of arms, but only a few are be.
fraying tlielr comrades. It is understood
that the prisoners will be tried by court
martini and some of the papers say 'that
those caught with arms In their possession
mere given a short shrift. The list of the
casualties and losses to property are being
compiled at Oovernor General Doubassoff's
headquarters and are promised tomorrow.
At the Bourse today a prominent manu
facturer estimated the damage done in the
burned district at $5,000,000.
Th American factories, of which the
New Tork Air Brake company, the Barry
Boiler company and the Singer Manufac
turing company are the principal, have not
suffered. '
Protrrts Esplositea.
The employes of the air brake company,
whose works are situated at Lubertzl. at
tempted to seize the premises In order to
get possession of the explosives, but a
squadron of dragoons was dispatched to the
scene by Governor General Doubassoff and
the troops prevented the strikers from car
rying out their plat. Tlielr leader, who
Was marching at the head of the men. was
hot down by the officer In command of the
dragoons, which caused a panic and th
striker fled.
Although the strike Is off, some of the
factories decided that It Is useless to re
commence work four days before Christmas
and have dismissed their workmen until
January 9. Most of the other undamaget
factories have resumed work. The rail
roads and telegraph lines are resuming
business slowly. The directors of the
Kazan line have dismissed every official or
other employe of the line and are engaging
in entire new force, usirg as a nucleus a
few . trustworthy veterans. Other roujs
probably will follow their example.
tiorrrsiifiit Is Cougdeat.
8T. PKTKRSBrRa. Jan. I. J p. m.-Th
government' strongly worded announce
ment yelserday that It purposes to pursue
to th bitter end the policy of putting down
the reds, following on the heels of th
crushlug of the revolt at Moscow, demon
strates the confidence of Premier Wltit's
Cvuyuued on Second Pag.)
REJECTED SUITOR A MURDERER
Minnesota Man Kills Woman and
Wounds Other Member of
Her Family.
CALEDONIA. Minn.. Jan. 2. Infatuated
with Iearl Wheaton, daughter of S. N.
Whenton. one of the richest farmers In
outhern Minnesota, and rendered desperate
by her refusal to marry him. Matt 8tyer,
a dentist student at the t'nlverslty of
Minnesota, broke Into the Whcaton home
near here, in the dead of night, declaring
his purpose to kill the whole family, and
shot Peurl. her sister, mother and himself.
I'nahle to secure entrance through tho
door. Styer broke through a ' window.
When he entered he was met by Ruth
Wheuton, who was armed with a revolver,
and attempting to protect the remainder
of the family. Styer wrested the revolver
from her and shot her twice. He then
turned on Mrs. Wheaton. shooting her
twice also, and bounding up the stair to
the room of Pearl, breaking In the door
of her room, he shot the girl through the
heart, and then shot himself. When help
arrived Styer was found with his head on
the girl's breast, she dead and he barely
living.
The dead:
PEA HI, WHEATON. aged 22.
MATT STYER. aged 2a, shot In lungs
near heart.
Wounded:
Ruth Wheaton. aged 26, shot through
breast and liver.
Mrs. li. X. Wheaton. shot in throat and
arm.
The only other inmate of the house, a
child of 10 years, escaped by leaping
through the window Styer had broken.
Mr. Wheaton was away from home at the
time.
Matt Styer, murderer of Miss Pearl
Wheaton, died at 9 o'clock tonight from
gunshot wounds Indicted by hlin after an
attempt to commit a triple murder. He
died a few minutes after the physicians
attending him ut Caledonia gave out word
that his condition wus improved.
Mr. Wheaton and Miss Ruth Wheaton,
who were shot near the heart, are In a
dangerous condition, but attending physi
cian hold out hopes of recovery.
DECISIVE BATTLE EXPECTED
Revolutionary Forres of Nan Domingo
Dram Xur Troop of the
Government.
CAPE HAYT1EN, Haytl. Jan. 2.-A rev
olutionary force of Dominicans numbering
about 250 men is, according to advices re
ceived here by messenger today, camped on
the Santiago-Puerto Plata road. San Do
mingo, and Is besieging Puerto Plata. The
revolutionists, it Is added, occupy positions
which prevent all Ingress or egress except
for American warships or persons under
the protection of the foreign consuls. The
threatened bombardment of the port by
the revolutionary gunboat Independencla
will not take place, presumably owing to
the representations of the foreign consuls.
The messenger from Santo Domingo also
announced that the troops commnnded by
General Guellltn, the former governor of
Monte Crlstl, are operating In conjunction
with th revolutionary forces before Puerto
Plata and that It Is the Intention of the
(wo forces to attack Santiago, south Of
Puerto Flat, where General Cs ceres, the
temporary president of -the republic, Is
drawing up hie troops. A decisive engage
ment Is expected to occur at Santiago.
According to the reports which reached
Cape Haytlen, Morales, the fugitive presi
dent of Santo Domingo, is acting In the In
terests of President Jlninlz, the former
president of the republic, whose efforts to
regain the presidency in 1003 were defeated.
WASHINGTON. Jan. 2 An official cable
gram dated Ieceinber 30 from San Do
mingo states that Morales la within twenty
miles of Santo Domingo without force;
that the Dominican congress is about to
Impeach him and that his capture is ex
pected. The I'nlted States customs service
Is not Interfered With.
ARGUING INTERSTATE LAWSUIT
Attorneys for Missouri and Illinois
Tell Supreme Court About
Chicago Sewer.
WASHINGTON, Jan. 2. The argument in
the case of Missouri against Illinois, In
volving the right of the city of Chirago to
divert Its sewage into the Mississippi river
through the Chicago drainage canal and
the Illinois river was begun today in the
supreme court of the I'nlted States, and In
response to the earnest plea of counsel on
both sides the court douhled the time for
the presentation of the case, making it eight
hours instead of four.
In presenting the request for additional
time Attorney Hamlin stated that the rec
ord In the case covers 9.000 pages and he
said that as the testimony deals largely
with scientific facts, time would really be
saved by affording greater opportunity to
counsel for presentation. Each side asked
for six hours" time. The argument was
begun by Attorney Samuel n. Jeffries for
Missouri and he will be followed In the
order mentioned by James B. Todd, repre
senting tho sanitary district of "Chicago; If.
J. Hamlin, representing the state of Illi
nois, and Herbert C. Hartley, representing
the state of Missouri.
STATEMENT OFJRS. GARDNER
lstr "ays Che secured Picture of
Glorgloue la a Legitimate
Manner.
BOSTON, Jan. 2.-Henry XV. Smith, eoun
eel for Mrs. John I.. Gardner, made the fol
lowing statement today concerning Gior
gione's famous picture, "Christ Bearing the
Cros.-' the disappearance of which from
the I-oschl palace at Vienna was noted
yesterday In a dispatch from Rome:
Mrs. Gardner procured Glorgione's famous
picture about which there is so much dis
cussion in a legitimate manner. There Is no
doubt atioui it. It was not stolen. Any
further talk or action with reference to this
picture must come from the Italian govern
ment. Mrs. Gardner doc not care for any
publicity in the matter.
'Attorney Swift added that he wa unable
to state Just how the painting was secured
by Mr. Gardner. .
GRAND JURY INDICTS FOREMAN
Former I alted Mates Marshal la
Montana Charged with Illegally
Fearing Public l.and.
.HELKNA. Mont.. Jan. i-The i'nlted
State grand Jury, which adjourned last
Saturday, Indicted, among other. Joseph P.
Woolman of Helena, formerly United State
marshal for Montana, on charge of Il
legally fencing public lands In Teton county.
A feature of the case I the fact that Mr.
Woolman wa foreman of the grand jury
up to the time an indictment was returned
pgalnfct him. when he retired. In order, as
be said, not to hamper the Jury. He gave
fl.auv txUl to plead uext Batvurday,
WADSWORTH WINS FICH1
Eiejini Candidate Nominated for Speaker
by Sew Tork Republican Catena,
MANY UNUSUAL FEATURES IN CONTEST
F.drrln A. Merrltt, Who Had Barking
of State Chairman Odell,
Receives Rut Fourteen
Votes.
ALBANY, N. Y., Jan. 2. James W.
Wadsworth, Jr., of Livingston county, on
of Congressman James W. Wadsworth of
the Thirty-fourth congressional district
and son-in-luw of the late John Hay. sec
retary' of state, was nominated tonight by
the republican caucus for speaker of the
assembly and will be elected to that office
tomorrow when the assembly convenes. His
democratic opponent will be George M.
Palmer of Schohnri. who for many years
ha been the minority leader on the as
sembly floor.
Mr. Wadsworth had 75 out of 14 votes
east in the caucus, Edwin A. Merrltt, Jr.,
of St. Lawrence receiving 14 and J. M.
Wainwright of Westchester 15. The entire
strength of the republican side In the new
assembly, 107 In nil, was present, but none
of the three candidates voted.
The vote was taken by open roll cull and
there was no attempt to secure a secret
ballot, as had been expected.
This result brings to a close one of the
most remarkable speakership campaigns of
recent years, characterized by marked fac.
tlonal bitterness and some unusual features.
Mr. Wadsworth was not among the candi
dates originally In the field, but wajj pro
posed by Governor Hlgglns In a formal
tatement, and In addition to the support
of the governor and his friends, was re
garded as having the approval of President
Roosevelt.
Mr. Merrltt had the backing of Chairman
B. B. Odell, jr., and his friends In the state
organization, who fought with determina
tion for Ills election, or, fulling that, for
the defeat of Wadsworth.
Mr. Wainwright stood openly in opposition
to what he charged was Improper Influence
of the executive in a purely legislative mat.
ter. He had the support of a number of
the New York City members, especially
those republicans who were alpo on the
municipal ownership ticket.
After learning the result of the caucus
Governor Hicgins said:
1 am neither disappointed nor surprised.
The voice of the people nnd of the p'ess
has been heard here and the representatives
of the people in the assembly have In mv
opinion followed the sentiment expressed.
Said former Governor Odell tonight:
I have no comment to make on the ac-lon
of the republican "aucus, except to sav that
1 am prateful for the 29 votes. I am hot at
all disheartened by the result.
Both houses of the legislature will con
vene at noon tomorrow. After the organi
zation of the assembly the annual message
of Governor Hlgglns will be read and the
legislature will adjourn probably for one
week.
After Mr. Wadsworth's nomination, which
later wus murte unanimous, he snld:
It is natural thot the thought uppermost
In my mind at this moment Is the realiza
tion of th tremendous burden of responsi
bility which by your action tonight will un
doubtedly be placed upon my shoulder,
-t think -yon rrrnit irtl reihe, 4hw.lt th fr-gf.
lature of If! will be subjected to the very
closest scrutiny by the people of the state.
Grave questions of public and party policy
will come before us in the assembly, and
when the session l ended to us republicans
will be accorded the credit of achievement
or the odium of failure.
PAYXTER
W1S
KESTICKY
Judge of Conrt of tppenla Will Sne
ered lilarkharn In Senate.
FRANKFORT. Ky.. Jag. 2. Judgo
Thomas H. Tayntcr was nominated on the
first ballot In Joint caucus tonight to se
lect a democratic candidate to succeed
J. C. 8. Blackburn. The nomination car
ries with it the certainty of election, as
the democrats have more than two-thirds
of the combined membership of both
branches of the legislature. The vote was
as follows: Judge Thomas H. Paynter, o!;
Senator J. C. S. Blackburn. 31; W. R.
Haldeman. 10; Congressman David H.
Smith. 1. Necessary to nomination, 53.
Judge Paynter's nomination ends one of
the hardest fought senatorial struggles
of the last twenty years of Kentucky
politics. His nearest opponent was J. C. 8.
Blackburn, the Incumbent, who represented
Kentucky In the house and senate with
but one Intermission for nearly a quarter
of a century. I'ntll two days sgo It was
generally believed that there would be a
deadlock in the caucus. When the house
and senate caucuses for the purpose of
organizing . these bodies were held last
night It became apparent that Judge Payn
ter, who was backed by Governor Beck
ham and the state administration men.
would gain the coveted prize. Although
Haldeman and Blackburn forces combined
to name the officers of the two houses.
Paynter men were installed. The vote
showed that Paynter not only held last
night's strength, but received an accession
of two votes.
Senator McCreary was Senator Black
burn's chief supporter and In this connec
tion politicians already foresee one of the
fiercest contests in Kentucky politics In the
future. Democrats expect that McCreary
when his term expires will have to put
up a fight for re-election as Blackburn
did with Governor Beckham as his chief
opponent.
Thomas H. Paynter wa born In Lewis
county, Kentucky, December 19, lVd. He
has served three terms In congress and la
a mem'-cr of the Kentucky court of ap
peals. CALL MONEY IS STILL HIGH
Opening Quotation on the Kew York
Exchange Is Fifty Per
Cent.
NEW TORK. Jan. l-Bellef. einr...
last week In Wall street that th. i
. ... ... ..... . . v i iiisency
I In the money market, which sent rates for
can money soaring to record heights, would
be relived In a marked degree by the re
lease of funds which had been tk.r.j
, for the payment of year-end dividends.
was not realized today. The first call of th
new year In the New York money market
wa made at 50 per cent per annum.
During the afternoon call money wa
offered aa low as 26 per cent, but Just be
fore the close of the market loans wer
made at 60 per rent.
From 50 per cent the rat for call money
ran back to 10.
WASHINGTON, Jan. 2.-8ecretary Shaw
announced today that the Treason. Hnor
j ment will au'icipate the payment of In
terest due February 1, 19w, on government
bonds. Coupons due on that date will be
paid at once on presentation at the Treas
ury department and th several sub
treasury offices. Interest checks on regis
tered S per cent bonds of 1908 will be mailed
within a few days and on registered 4s of
193 within a day or two after the closing
of the books on January 26. Th amount
of Interest anticipated U about 11,100,000.
ON TRIAL
Descendant of' Kama
of. rumens Commodore
Fare. C m i a charge
f Basins.
ANNAPOLIS, Md. Jan. 2. -The court
martial proceedings'-against Midshipman
Stephen Decatur, Jr,' of Portsmouth. N.
H., charged with he hazing of Midshipmen
Isaac N. McCrary of Texas and Gaj lord
Church of Pennsylvania, both fourth-clasa
men. .were continued' this morning.
Decatur case la attracting great atten
tion and a desperate ,ffort Is being made
to save him. He is. A great-grandson of
the famous naval hero of the same name
and stands No. io,'' studies In the class
which graduates next month. He ha some
very powerful friend who are willing to
help him In every way. Admiral Dewey
Is a relative, but little help can be ex
pected from this ouree if Decatur 1 con
victed. After the reading -of the record of the
last day' session Midshipman Charles S.
Keller was called to' the stand for the de
fense. He said that he remembered the
day the photograph Of the petty otHcers
were taken (it having been testified that
this was the day of the hazing) and 'that
he had been in DecAtur room alter din
ner. He testified that a number of mid
shipmen were there god that one or them
was Decatur. The latter was evidently a
suprise to the defense, as it corroborated
the prosecution' testimony. He said that
he saw no fourth-class men in the room
and thought that lie could have seen them
If they had been tliefe. On cross-examination
he admitted tlta the officers had their
pictures taken on I feveral days.
Midshipman Johi F. Cox of the sec
ond class was the' next witness. He said
that he hud been In Decatur's room after
dinner bn the da . when the petty offi
cers were to have their picture taken, lie
suld that he had seen no one being hazed
and would have seen or heard them If they
had been, he thought.
On cross-examination the witness said that
someone might hare been doing "number
sixteen" or "the leading rest" In the closet
I uiiu mtr vtiiuePB uui Known ll, uui ne was
sure that he would have heard the noise
had anyone been standing on his head.
Midshipman Robert V. Lowe, a class
mate of Decatur, next testified. He had
glanced in the closet, he said, and had
seen no one. Decatur, he said, had been
In the room when the witness arrived and
had left before the witness did. On cross
examination he admitted It was possible to
come in the room and not see In the
closet.
I Midshipmen Percival E. Denngl, Carroll
' S. Graves, O. K. Davis and Harold Jones
! also testified, but brought out nothing new.
It is stated that Graves will be tried for
hazing.
The testimony of Midshipman Decatur In
his own defense revealed the fact that mid
shipmen In the United States navy are In
direct conflict In statements they have made
under oath. '
Decatur denied specifically and positively
all the statements made by McCrary and
Church which, connected' him with their
hazing. He said on the stand that he had
never hazed either of the men Hnd did not
even know McCrary before he saw him In
the court-martial rnorv.
McCrary had. testified positively during the
first day's sesstrpt i pecatur had ordered
hlrffWstirlrt eh fiiff head nnd 14 do "Nfi:
16," and Church also said that Decatur had
given him a similar order. The cross-examination
brought from Decatur the admis
sion that he hnd ordered Church to report
to his room nnd that some one there had
compelled the under class man to perform
"No. 16."
STORMS REFUSES TO RESIGN
Secretary of Stnte of Indiana Will nt
Comply with tiovernor's
Reqnest.
INDIANAPOLIS. Jan. 2. Following s
brief consultation in the governor's office
today ln'tween Governor Hanly, Secretary
of State Daniel E. Storms and the latler'a
attorney, Mr. Storms made his first public
statement since the demand made upon
him by the governor for his resignation.
Mr. Storms merely said he hud refused to
resign.
Governor Hanly said: "Mr. Storms has
refused to resign his office. He still owes
the state certain moneys."
It Is expected that the governor will take
action at once. Today Is ssJd to be the
limit of time allowed Mr. Storms by the
governor to resign before taking legal
action through the attorney general.
Suite Auditor Bigler today Informed Sec
retary Storms that he cannot draw his
salary for the quarter Just ended. Accord
ing to the auditor Governor Hanly has In
structed him to withhold the secretary's
salary warrant, which would have called
for 1.2I.
Secretary Storms, with other state offi
clalfi, made the regular quarterly settle
ment today. Mr. Storms paying Into the
state treasury J3S.2fi7.05.
JORDAN REPUDIATFS INTFRVIEW
President of l.elend Stanford Saya He
Made o Charges Against
Honolulu Officials.
OGDEN. T'tah. Jnn. 2 President Ps.vld
Starr Jordan of Stanford university passed
through Osrden today and In an Interview
made emphatic denial to the story tha he
charged the Honolulu officers with entering
Into a corfsnlracy to extort money from the
Stanford estate by circulating a report nt
the time of Mrs. Iceland Stanford's detth
that she died of strychnine poisoning. In a
signed statement for the Associated Press
h say:
"The alleged Interview with me Is Incor
rect. No statement of new or sensational
matter was made by me."
He says that the result of his Investiga
tions at the time of the death was that
Mrs. Stanford died of lesion of the heart
and tho she was not poisoned. This an
nouncement was made at the time of his
visit to Honolulu.
JOHN W. HILL IS ON TRIAL
Former Official of Philadelphia Fares
the Court on Charge of
Forgery.
PHILADELPHIA. Jan. 12 John W. Hill,
former chief of the filtration bureau, was
placed on trial today before Judge Auden
rled In the criminal court, charged with
forgery and falsification of the records of
of the filtration bureau.
Mr. Hill's arrest last June was one of th
first and most sensational of th develop
ments growing out of Mayor Weaver's
break with the republican organization,
and hi crusade for good government. The
arrest followed an Investigation Into th
system by which contracts for work on th
filtration plant had been awarded and th
manner in which th work wm performed.
DECATUR CASE IS
HENXLNCS WILL HOLD OYER
City Treasurer to Await Decisian of
Supreme Coirt.
INJUNCTION ST0P6 TRANSFER OF FUNDS
Chief Justice tlolromb Issues Writ to
Restrain Consolidation of Offices
Pending Hearing ol
lather' Appeal.
A supreme court order restraining City
Treasurer Hennlngs from transferring any
city or school funds In his possession to
County Treasurer Fink until February 6.
when the court will grant a hearing on the
appeal made by John T. Cathers from a
negative decision by Judge Sears of the dis
trict bench, was obtained esterday at Lin
coln by Attorney Frank T. Ransom.
According to the charter the consolida
tion of the city treasurer's office with that
of the county treasurer, and the abolition
of the former, should take place January 4.
Several weeks ago Cathers started suit for
an order forbidding the merger, alleging
that the charter amendments applicable
were defective. He lost his case In the dis
trict Court Ulld took nn annul 1-1. ,. T.....
titer Hennlngs has refused to rellmiuhdi
oi omce until tlie, supreme court rules on
the case.
Breen Allege Deception.
City Attorney Breen asacrts that the or
der issued by the supreme court was ob
tained by deception. He will make a spe
cial trip to Lincoln today to investgate the
manner In which It was procured and to
see what can be done about havln It t
aside. Mr. Breen says that the legal depart
ment or tne city had no notice whatever
that an application for a new restraining
order was to be made or that there was to
be argument or hearing of any kind.
"Mr. Ransom, as attorney for Mr. Cath
ers, appeared and requested that we con
sent to usk the supreme court to advance
the appeal en there mlKht he nn artv
Judication." says Mr. Breen. "I replied that
v..o nuu.u sun us perfectly, and we were
willing to tuke the matter
ond court meeting In January, to which he
nm mat ne could not be ready until the
first meeting in February. I agreed to this
and waived an appearance with this under
standing. Not a word was said about a
new restraining order. This news came as
a surprise."
Hennlngs Had Information.
The legal department first knew of the
supremo court order about 4:30 yesterday
afternoon when Assistant City Attorney
Herdman culled on City Treasurer Hen
nlngs in a last effort to induce him to
surrender the office to County Treasurer
Fink January 4. and to protect himself
by filing a formal protest, so he might not
appear to abandon the office In cae the
supreme court found against the consoli
dation. "1 have just been Informed that the su
preme court has restrained me from giv
ing up the office until the case Is heard In
February." said the city treasurer.
Mr. Breen Immediately cnlled up Clerk
Lindsay of the supreme court. lie was In
formed that Treasurer Hennlngs' state
ment t-was correct: also that- At'omey
C. F. Herring of the Board of Fducatloii
had appeared In company with Mr. Ran
som and assisted hltn In urging the court
to advance the hearing and to issue the
restraining order. As a reason for the
writ It was urged that if a contest were
allowed over the possesion of the city
funds serious Injury would be done the
municipal government and general confu
sion ctented.
Ilolcomh Grants Writ.
Chief Justice Holiomb heard the appli
cation and granted the writ. The court
fixed the bond which Mr. Cathers must
give to cover the costs nt Ilto, nnd the
proper surety was offered. T'nless City At
torney Breen succeeds in having the order
set aside it Is entirely improbable that
any attempt will oe made to execute the
directions of the law with regard to the
treasury merger until the supreme court
has finally spoken. Not only does the city
attorney object to the order and the mnji
ner in which It was obtained on general
grounds stated heretofore, hut he points
out that the city can make no provision
for paying the expense of maintaining the
city treasurer's office and that a decision
hardly can be obtained before well along
in April. Meanwhile the county treas
urer will draw 1 per cent of all the city
fsxes collected unless the law is over
turned. Treasurer Hennlngs' Statement.
Treasurer Hennlngs Tuesday night filed
the following letter with the council, it t
oeing referred to the city attorney:
On account of the city charter muddle
i cnmronieu ny a very serious contil- i
lion. I'ntil my successor has legally iiumI- '
Hied, myself ami bondsmen can he held
liable for the funds of the citv on.) .oi,.i i
district, and since the consolidation feature
In the charter has not hecn worked nut
properly, there is a grave doubt In mv
mind whether County Treasurer R d
Fink will be sustained by the Miprenie
court us my leal successor in office.
Therefore. I shall not turn over the
office until the supreme court has spoken.
Although It is very unpleasant to me to
take tliis stand, I consider It my sworn
duty, and can assure you that I am not
acting hastily in tins matter. If this
feature of the charter should not stand
and the supreme court decided that the
levy for the dry and school district for
li, made last August, is illegal, then the
sooner we find this out the better.
With reference to the report that Treas
urer Fink may notify the banks not to
recognize my signature, will say that I
doubt very much that this step will be
taken, since it would not change the sit
uation at all and only embarrass the city
and our school district.
I have requested the comptroller, Hon.
C. O. Ixtbeck, to count the cash on Janu
ary 4. 19t. and also to examine and check
up all trust funds of the city and school
district In my hands, and you will no
doubt be Informed by him that every
penny lias been accounted for.
The near future will tell whether I acted
wisely In this matter or not.
WESTERN MATTERS AT CAPITAL
St. Paul Man Kerommeaded for Plaee
la Postal Service oa the
Caaal.
(From a Staff Correspondent.)
WASHINGTON. Jan. 2 (Special Tele
gram.) Senator Millard has endorsed
Dwight E. Williams of St. Paul for a po
sition in the postal service in the Panama
canal zone.
Congresman Follard knows what his
farmer and fruit raising friends need. To
day he addressed a general letter to the
fruit growers In his district stating that
he has a limited number of bulletins from
th Agricultural department giving minute
directions for taking care of orchards,
spraying of fruit and marketing of the
same. In view of the fact that the fruit
Interests of eastern Nebraska have suf
fered greatly from codling moth and scab
fungus. Mr. Pollard desires to place In
the hands of every one of his constituents
information that will prevent the destruc
tion of fruit.
NEBRASKA WEATHER FORECAST
Snow Wednesday. Colder In Fast Por.
tloni Thursday Fair.
Tenipei
Hoar,
ft a. ni.
a. m.
T a. m .
st a . m.
" a, nt.
to a. m.
tture at
Omnha Yesterday!
Dear.
Hour. Dea.
1 n. m .to
SI p. m fto
S p. at St
4 p. ni H2
ft p. m .IS
l p. m a
T p. m .1i
St P. urn as
9 p. in ."la
.... ZH
.... 8M
.... 8H
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. . . . 311
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11 a.
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KILLED FOR A TRIFLING SUM
Old Friend Quarrel Over Seventy
Fire Cents and John Kelly
Fatally Stabbed as Result.
John Kelly, aged 4S, died at the Clarkson
hospital from stab wounds in his abdomen
and left breast, said to have been Inflicted
by his partner of fifteen years. John Doyle,
alias McGraw. The two men are laborers,
and according to the story told to the police
by Kelly they were out at 6:30 o'clock last
evening getting Jobs at sweeping walks.
Their plan was to part at a certain corner
and circle around until they should meet
again. In one such round, Kelly said, he
had secured 75 cents and a pair of shoes and
met Doyle at Twenty-sixth and Dodge
streets with nothing ut all. Doyle Insisted
that Kelly divide with him. and upon his
refusal the luttcr asserts that Doyle drew u
knife and cut him twice. Doyle then fled,
while Kelly wus taken to the hospital by the
police and attended by Police Surgeon Mors
itinii. Examination showed that the knife had
penetrated the abdomen on the left side,
passing through the lung, spleen and Into
the kidney, while there was a slash across
the left breast. The natuie of the former
wound made tho man's recovery practically
impossible and he died about midnight.
A search for Doyle wus begun and at 8:40
o'clock lust night he was located In South
Omaha and arrested by Officer Morton of
the South Omaha police und later brought
to Omaha und locked up at the pollen sta
tion. At the station last night Doyle said
that Kelly was about to strike him with a
paving stone, which led to the stabbing.
From their own stories the men had been
"pals" at railroad labor for many years.
Doyle suid that he Is known In many camps
as McGraw. Doyle is 61 years of age.
The encounter was witnessed by T. C.
Callahan. 'JMI Dodge street, and as Ke'lv
fell to the walk Callahan caught Doyle by
the hand holding the knife and took ths
weapon away from him. Kelly was carried
Into tho residence of Dr. Fred Swartzlander.
2H01 Capitol avenue, where his wounds were
first dressed.
TRIPLE ,MURDERAND SUICIDE
Michigan Farmer. Kill Wife. Son and
Daughter and Then Take
HI Own Mfe.
ROCHESTER, Mich., Jan. 2.-Alarmcd bv
the deserted nppcarance of the farmhouse
of Clarence A. Bnrnum. who recently lo
cated here, neighbors broke Into the house
ami found Bttrnum, his wife, his daughter
Louise, aged 20, and son Clarence, aged Hi,
all lying dead. The wire and son and daugh
ter had apiwrentiy been murdered with an
axe. A single-barrelled shotgun lying near
his corpse und fhe fact that his head was
almost entirely blown off showed how Far
mer Barnmn himself had met his end. Mrs.
Bnrniim'r body lay In the woodshed.
The appearance of the house indicated
that the family had Just finished breakfast
whet, the murderous frenzy of the father
broke out. Evidontly there had been a ter
rific struggle as the mother and children
battled for their lives. .The dining room
was all bespattered with blood, even the
cciluig. Tniler the dining room table lay
the father's body, a gun across his knee.
Apparently lie had taken the muzzle Into
his mouth before pulling the trigger.
Two other sons and a daughter were away
from home when the tragedy occurred. Wil
liam Barnum Is editor of the College News
letter, nn official publication of the Fni
veisity of Michigan at Ann Arbor. John
Bnrnum lives ot Cold Water. Mich. The
surviving daughter. Mary Barnum, resides
at Albion, Mich.
EVIDENCE AGAINST HOGLAN
Police Say that Bomb Which Killed
F.x-tiovernnr Steunenberg Wn
Made In Ills Room.
CALDWELL. Idaho, Jan. 2. Police Cap
tain Swain snld tonight to a representative
of tho Boise Statesman: "We have con
clusive evidence that the bomb used in the
asKusstn-itlon of Governor Steunenberg was
manufactured In room No. 19 of the Sara
toga hotel (the room occupied by Hoglaiu
and that the details of the plans were
probably formulnted there."
Vessels In Hoglun's room, said Swain,
show a sediment of plaster of parts, it
Was further stated hv the eanluln
the evidence accumulated against Ilnglun i
was overwhelming, lie did not feel Justi- I
nea in m.iKing mucn or it public, hut one
feature was the finding of Hoglun's shoes
that he wore on the night of the murder.
The shoes had nails In the soles and these
nails were found to fit perfectly Into tracks
which are believed to have been made by
the assassin while escaping from the scene.
peace in breathitt"" county
Ilargis and Taulbee Shake Hands and
Promise to Help Re-establish
Harmony.
JACKSON Ky.. Jan. 2.-Breathltt county's
political troubles are at an end. Judge S. 8.
Taulbee, recently elected county Judge,
whose office was contested by former
County Judge James C. Ilargis, together
with attorneys and friends, went to Jack
son last night, shook hands all around,
mutually pledged goodwill and hearty co
operation In the re-establishment of law and
order and decided to call off the contest
which threatened to cause further blood
shed. Hargls agreed to a motion to dismiss the
cases which were entered today. Jucksun '
people are Jubilant and will celebrate the ,
event tonight.
Movements of Ocean Vessels Jaa. tf.
At New York Arrived: Minneapolis, from
London. Sailed: Curputhia, for Uverpool.
At tyueenstown Arrived: Oceanic, from
New oi k.
At I lover Arrived: Finland, from New
York.
At Genoa Sailed: Braslie and Brooklyn,
for New York.
At Liverpool Sailed: Lake Champlaln,
for St. Johns. N. B. Arrived: Victorian,
from New York; Canadian, from Boston.
At Rotterdam Arrived: Rotterdam, from
New York.
At ponta Del Gada Arrived : Canoplc,
from Naples.
At I ibiidon Arrived: Minnetonka, from
New York.
At Antwerp Arrived: Montezuma, from
St. Johns. N. B.
At Hamburg Sailed: Batavia, (or New
Yoik,
jJrCALI JJ JJJJ
Money Adtanced to Andrew Hamilton
Returned to New York Life.
IS EXPECTED TO RESIGN TODAY
Alexander Orr it Speken of asHii Probable
Suoceisor.
SEVERAL OTHER NAMES ARE MENTIONED
Johi Olnffin, Norinan B. Beam and Hiram
R. Steele Are Alio Sujgeited.
AGREEMENT TO STOP PAYING REBATES
Equitable, Ften York life aa A
Mutnal l ife Will Stop Practice
and Reduce First Year'
Premium.
NEW TORK. .Tan. -John A. McCa.lt.
president of the New York Life Insurance
company, has paid to the company the
$235,000 advanced to Andrew Hamilton and
so far not accounted for by Mr. Hamilton.
Thomas P. Fouler, chairman of the com
pany's investigating committee, appointed
by the board of trustees, received today a
check from McCall for ftss.QOO and notes
for tloii.ooo. Mr. MeCull some time ago
promised to make good this sum unless
Hamilton, who was legislative agent for
the big Insurance companies, rendered an
accounting. On receipt of Mr. McCall'S
letter accompanying the check und not
a meeting of the board of trustees was
called for tomorrow. While no official
statement on the subject was obtainable. It
was accepted as u fact that Mr. MeCall's
resignation as president will be presented
to the trustees tomorrow.
At a meeting of trustee today Alex
ander Orr was rcqursted to accept th
presidency of the company. Mr. Orr laid
he would prefer that some one else be
selected for the place permanently, but
he offered to act as president until some
one else is named. Others mentioned for
the presidency are John Claflln, Norman
B. Ream und Hiram R. Steele.
One of the member of the New Tork
Life's Investigating committe snld today
that the reason why McCnll could not pay
over the $:'33,i0 In one lump sum was be
cause Mr. MeCull Is u poor mnn. It was
said he will go out of office with practically
nothing, except his life Insurance policy of
JkW.iiOO. and that in order to pay his I1M.Q00
note he may have to get assistance from
his wife and some friends.
Agree to Stop Rebating.
An agreement to atiollsh rebating on pre
miums ha been entered Into by the Neef
York Life company, the Equitable Ll.'e
Assurance society and the Mutual Life
company. Announcement was made tonight
that t "rover Cleveland has been appointed
referee to decide all questions In dispute
that may arise in such matters, and his sal
ary as referee will be lliooo per annum, to
be paid Jointly by tho three companies. Mr.
Cleveland hns accepted, with th Under
standing that the officers of the three com
panies are to eeV-ond him in his effort to
stop rebating. A similar appointment wa
held by the late Thomas B. Reed. Any
agent who gives rehates will be dismissed
from service and will not be re-employed
by any of the companies that are parties
to the ngreement. It is the desire of the
companies to secure the co-operation of all
other life insurance 'companies In this
agreemcn". It was said today that if re
bating can be entirely abolished first year
premiums can be reduced. It Is understood
that this agreement is the result of a sug
gestion of President Paul Morton of th
Equitable Life Assurance society.
PEORIA SCANDAL IS' GROWING
Andltor Sa Member of School
Board Are Responsible for Mna4f
Stolen by Dougherty, i
PEORIA. III.. Jan. 2. The report of the
Everltt Audit company on (he defalcation
of N. c. Iiouglierty was made public at
a meeting of tho school board tonight Th
total shortage for seven years is 1541,40ft,
from which will be deducted approximately
tlR.ooo for unusual but warranted expendi
tures. Kverett gave it as hfs opinion that
the total shortage for eighteen year would
fall slightly short of l,0(i),on0, slating that
large amounts of forged script had been
found in 1SC7 and in lkS9, but no totals or
estimates on these years had yet been
made. The report score the officers ot th
board, the treasurers and presidents espe
cially, the finance nnd auditing committee
and the members of the board Individually,
Kverett declares that if the board, or any
of Its officers, had used even ordinary dll
Igence in the performance of their duties,
the mulcting of the fund would hsve been
Impossible (and that the members of tha
board are Individually liable for sll short
age which cannot be collected from Dough
erty nnd the Peoria National bank). Th
report shows that $!32.00O of the shortage
was directly manipulated by the cashing
of fictitious script through the Peoria Na
tional hank, of which N. C. Dougherty wa
president. It declares that the bank I
liable for every cent of this amount, and
the board, on the strength of the report,
elected Judge McCulloch as attorney In re
covering from the bank. Instructing him to
enjoin the bank from further payment of
dividends or oilier disbursements until ths
claim of the board should be adjusted In
the courts.
Judge Orvllle Berry of Carthage, receiver
of the lank, wus present at the meeting
and announced that he would fight In th
courts the attempt to bold the bank llahl.
TRAFFIC CONTRACT SET ASIDE
Court Find Agreement Mad by Chi
rago Jt Eastern Illinois Prejudicial
to Interest of Bondholders.
NEW TORK, Jan. 2.-Justlce Truax In
the supreme court today handed down a
decision declaring the traffic agreement
entered Into by the Chicago ti Kustern
Illinois railroad, the St. Iuls & Ban Fran
cisco railroad nnd the St. Iuls, Memphis
A Southeastern railroad to lie illegal and
In violation of I he interests of the bond
holders of the Chicago & Eastern Illinois
railroad. The action to set aside the agree
ment was brought by Gustav K. Kissel
and Susan Raumer, two of the bondholders
of the latter company.
Justice Truax declares that the traffic
agreement entered Into April 14. 1!j4, by
which the St. Iouis & San Francisco rail
road acoulred the traffic of the other com
panies be set aside as unauthorized and
forhidden by a former agreement as to
the bonding of the Chicago & Eistern
Illinois railroad und as prejudicial to the
Interests of the holders of trust rertlflca.lt
sgainst th latter company's taudg