The Omaha Daily
Bee.
Lcrcl Circulation
THE OMAHA DEE
Best A". West
A Paper for tha Noma
THE OMAHA DEE
Best
?. West
ESTABLISHED JUNE 10, 1871.
OMAHA, WEDNESDAY MORNING, FEBRUARY 14, 1906 TEN PAGES.
SINGLE COPY THREE CENTS.
11ADLEY MAKES CASE
Attorney General of Vitionri Conclude!
Standard Oil Inrettigation.
SAYS HE WILL OUST COMBINE
Erideoce Pro fee Connotien Between
Alleged Independent Cencerna.
TESTIMONY IS TAKEN AT DES MOINES
Frank Northrup, Former Manager Eepublio
Oil Company, Telle of Ordera.
STATE DIVIDED tMONG COMPANIES
Ho Mae Instructed to Keep Out
of Territory Assigned to the
nters-l'lerce Com.
pant.
, j
DKK MOINES, la., Feb. 12. With the j
taking of testimony of Frank Northrup and
K. E. Lman of Ova Moines, both Tormcr
.Slaudaid Ull company employes, Attorney
General Hcrbutt S Hidlcy to lay announced
that he fiud inane mil his case ugalrist the
Siunttard Oil company In Missouri, and
expects to get a decision ousting the com
pany Hum doing business in that state.
j no taking of depositions began this morn
nig In the urtice oi Kohl 'k Held, local at-j
torney. The state of Missouri was rep- ;
resented by Attorney General iladley und to the rumor that the countess intended to
his assistant, Rush tj. l.akj. Frank linger- j marry again, which her friends ehamcter
inan of Kansas City and A. V. Eddy ot ! Ire as absunl. t'ntil the bill is finally
Chlcngo appeared us attorneys fox Inn I framed and filed the courts will not form
Standard Oil company, and before the con- j ally possess the document explicitly Fet
cluslon of the evidence G -aeral Hadlcy ting forth the grounds of the action. As
announced that ho was ceituln or victory .a result of the countess' prima facie show
in the courts. lie said ho hud positive ng, the court has awarded her the tern-
evidence that lilt rilundurU Oil. the Walers
Plerec, and the Republic Oil company
hail formed u combination and divided
the) territory In Missouri between them.
- Has Incriminating: Letter.
V. R. Northrup, former. i,Miia-r oi the
Soohold. Bchurnier c Teaglc Oil company
of Cleveland. In St. Louis gave most con
clusive testimony of the truth of Mr.
Hadley'a charges. lie said he had oral
instructions from the Republic Oil com
pany, after It had absortied th Sootlcld
company and the Cleveland Refining com
pany, not to enter the territory of either
tha Waters-Pierce company or the Stand
ard till company in Missouri, but to relax
the light on the Independent companies.
The letters also instructed him to follow
the prkea of the Waters-Pierre company.
Mr. Notthrup testified that he was alwuy.-i
given one or two days' ndvancc notice of
the prices ct the Waters-Pierce comp:tn. i
"Have you any more letters belonginn I i j
tr. company which you appropriated.'" I
asked Hagerman for the Btamlard oil cum-
lny. t
"None of your business," was the hot le
t'.rt. Mr. Northrup was manager of the Re
public Oil company In St. Louis in June,
iyl. uti's the Republic company was oi
Kftprfd. I.. K-J-ivuLn of Des.folne testified iilso
.!... i.',....rtt.iV'...n m.9 . ).A a, nr. An ,.l C
' , . '" L " fnowfi: ' I Hi u-ts of un order of th- commission
company In l,l he had been given Ins true- .. .. hy mv government to say I ,ft whole i ,rt ....,.,, it shall im
llons to turn orders from the a ters-Pierce that to appreciate the situation ami the I-.-.,,. ,t,, ' ,, .
custoriieir to ag nts or that company.
N'Hthruti testified that he received Ins
Irrranmjl Inrrructions as to noncompetition
wllh Ihe Standsr-d Oil from Walter Teaglo.
He said that he received letters from the
Republic Oil company, giving him a copy
to show o the ti-ade only, which was a
dental that It had been absorbed by the
Standard Oil.
Waiting In Indiana.
INDIANAPOLIS. Feb. 13.-A brief ad
journment was taken today in the case of
the state of Missouri against the Standard
Oil company of Indiana and other oil com
panies. The purposn of the delay is to
gain time until the supreme court of Mis
souri hands down Its decision.
FIGHTING IN SANTO DOMINGO
Report that ' Partisan of President
Jlmlnea Starts More Troablo
Wear Haytl.
CAPE HAYTIEN. Haytl, Feb. U A mes
senger who arrived here today from Monta
Crist!, in tha northern part of tha Repub
lic of Santo Domingo, reporta that a revo
lutionary movement has broken out at
Monte CrlstL General Neney at the head
of a numerous body of troops has attacked
and captured the town of DaJadbon on the
frontier of Haytl. Neney Is a devoted par
tlnan of General Jimines, former president
of Kan to Domingo, and it is generally be-
lieved that the movement Is In favor of
Jitninei and that Its object Is to prevent
the government from holding the approach
ing elections.
SANTO DOMINGO. Feb. 13.-There Is
but alight basis for the report of a revolu-
tlonary niovi meut at Monto Christl. und as
a matter of fact the whole country la un-
""J,;. i".' i -.mvn .... . I.14I1..I -o
mad" by a small group of outlaws.
ho,
falling in their attempt to capture the
town, withdrew io the mountains, pursued
by government troops.
President Caceres having withdrawn his
resignation, the political situation In the
republic of Bunto Domingo is very satis
factory. No fears of a revolution are
entertained.
WASHINGTON. Feb. lS.-8ecretary Root,
before going to the cabinet meeting today
received from the Navy department a cable
gram from Commander Southerland at
Monte Cristl to this effect:
There is an Insurrection small force at
iMOabon. twenty-four miles south of Monte
Cri.il.
Commander Southerland adds that there
is no danger If the de facto government
acts promptly.
BANKER SIMMONS ROBBED WIFE
Took
Money from Her and
Her Forged Xotee for
-tmonnt.
Cava
PEORIA, Feb. 18 -Sensational develop
uients In the case of Dr. Oeorgo H. Sim.
mens, the banker-preacher who killed hlm-
"lf a week ago today, were made in the j which is counting on making many im
probate court today when the widow asked ' provements ln the vicinity of the fort. One
tb appointment of an administrator of the
estate. Her statement ahowed that her hus
band bad dissipated fcJ.uuu she held at the
time of their marriage, giving her worth
less notes representing the amount. Since
Ids death investigation conducted by the
sheriff showed these notes to be forgeries.
Mrs. ISlmmons further said her husband hd
destroyed all his private papers, will etc,
a few hours before his deth.
A meeting of tha depositors of the Pen.
ple a Savings bank has been called for Fri
day evening, when Receiver WUtou mill
ycaeDt his report.
CASTELLANE DIVORCE CASE
Form of Bill Will Depend 1 poa Out
come of Negotiations Over
Flaaaelal Affairs.
PARIS. Feb. 11 Count Bonl de Castellane
had a Ions conference Unlay with the law
yers of the countess, hli wife. This
one of several meeting at which Uie
two parties concerned have carefully gone
over the r "nclaJ features of the case
with t.i .,.. of determining the exact
form o'
In th. i
plaint b
been thed
the pendinr
fairs. If trc
the counties'
be materia' .
tedure und ultimate decree.
the countess' bill of coin
i spared, hut has not yet
. form will depend upon
.nees over financial af-
ar latlsfactorily adjusted
". it a omplalnt Is likely to
ri'Mlti. d so h to contain
only Incomj .tibllp -within
the status. b'
or other grounds
Voiding allegations
of a scandalour 'owever, the con
ferences are n purpose of recon
ciliation, as all c-( rm-d, including the
I count and counters and their lawyers, ap-
I pear to recognize the futility of any further
attempt to reunite the family.
The present indications are that after
the parties roach a flnanorai undorstand-
Ing the bill will be modified and a decree
entered by mutual consent. This decree
probably will be for a separation, as the
French law permits such a decree dicing
extended to a complete divorce alter three
year. Thus far. however, the countess
has not derided whether the bill shall nsk
for u complete annulment of her marriage.
Her friends are rather inclined to restrict
the decree to a separation, as this would
prevent the re-marriage of either party
within three years, thus putting an end
porary care of the children and a separate
domicile at the Castellane mansion on Ave
nue Du Hois de Boulogne. The effect of
this Interlocutory ord"r Is to exclude the
count from the mansion, as the law con
siders It to be incompatible for two sepa
rate domiciles to exist under the same roof.
The countess remains there with the chil
dren and rhe expects to be Joined soon by
members of Howard Gould's family.
Count Monl expresses to friends his deep j
desolation over the affair and asserts his j for railway rate legis.atiou. The fcatur.-s
continued affection Tor his wife and chii- j of the measure have heretofore U-en pub
dren. He pays the fullest tribute to the I lished.
wifely loyalty of the countess ;ind does not! 'I''1" measure provides that whenever any
intend to file a cross bill. rule, fare or chaige established by any
: common arrier shall be unjust and un-
UPWP7IIPI A CTiTFC ITQ f AC C
Ibll k w bbn wintk IIW w r . w w
!e..d In.lrnellnns to Representative
of Notion nt Pnrl and
London.
j
CARACAS. Friday. Feb. (Via Port of I
Spain, ls'and of Trinidad. Feb. I.t.i The
! V noRiielfln t-overnment yesterday. Feb- j
' runrc transmitted to M. Mnub ui gm t. '
the form. 1 charge d'affaires of Venegne'.-; f
at Paris, nho is also Yenexuein s repi. - i
lentatlve in London, a note dapil l-'elinmiv 1
T. .'iniii which the following Is a synopsis:
T. AI hlAllbmirpnet 'h:irLe t A fT ll'is.
j London: - Vnu wlil answer i-r.-iel-r -Jtoii- j
iei'n nite nf .Innnapv-lv ii.t,t.'es.,l 1,1 vim 1
ease
It is necessary to discriminate. The ;
real facts are that the Veneruelmi govern-
nent Paid It would not treat thmugh M. ,. t tir order has been d-tenamed The
Tnlrtny fnmir French charge d'aflaires In .
Venesncla. until satisfactory explanations provision concerning the Institution ot suits
were given, and not, ns M. Rouvler's note i by I ne commission have been changed only
state, ti,H I Foreign Minister Ybarra ha d ' jn unimportant details and no changes have
notified the French representative that he;. , . , , "
would not iiaep any other official relations j b"r;' m!,(,p remaining sections. A
with him. ' new section Is incorporated, however, pro-
"That regarding the cable company j vi,iing that if any section of the bill is
r i.iiit m't imii. i " , 1 1 . t- rn-- I'piiiti ii'.t, rti- i
lege a denial of Justice and Instead of ap
proaching Venezuela in a friendly manner
necusd it of violating French rights,
thereby abandoning the legal road and as
suming the responsibilities of the cable
company.
" eneruela asks, did the cable company
fill itscontracf ? Trid the French govern
ment employes assist the wreckers of Ven- regulation oi railway transportation. in
exuela liberties? If not. Venezuela yields. , every respect the bill complies with and
Otherwise, it holds France responsible and i . , . ... .. . ,
is willing to submit this to arbitration. I'" ln harmony with the presidents posl
"Venexuela throughout has acted In a ! tlon. as outlined in his messages to con
friendly manner and withdrew Its note frfna anJ hiB ppeeches. It is also in har
when requested to do so. When It prohlb- ... , , , ,
Ited the landing of M. Talgney It was In ; rnnny with the idea as set forth in Senator
order to avoid greater unpleasantness, but . Knox's Pittsburg speech.
France violently expelled M. Maubourguet
without alleging any fault.
"It also must be remembered that France
before the mixed tribunals claimed Rfi.nno.OT)
bnllv-ars hut t hev nei-er hnit riiiartsi rif
this In Venexuela.
"If these facts can be disproved. Vcnez
uela bows and accepts the obligations.
(Signed) "YBARRA."
ROYAL BODY LIES IN STATE
l iu i r
Coffin of Klaar Christina Removed
from Palace to fharrh In
Copenhagen.
COPENHAGEN. Feb. 13. -The coffin con-
taicmg the body of King Christian was re -
moved today Troin the palai-e to the Chris- , Japanese government may direct. Contri
il.hr. elinreh. where It will lie In !""lnn can made to the local Red Cross
until February 15. The crown prince and
other memlrers of the royal family, the
court officials and army and navy officers
i followed the hearse on foot through the
cn,Wd-.llned streets. After a brief service
( t thl 0hurch the royal prty returned to I
the palace, leaving the body In charge of
a guard of army and navy officers, who
will retrain day and night, stationed at the
catafalque. The public will be admitted to
the church at certain hours. The line from
the church door was fully a mile long and
constantly lengthening when the doors
were opened to the public, and thousands
passed the bier during the subsequent two
hours The German minister during the
morning placed two enormous floral tributes
I from Emperor William at the foot of the
catafalque.
LAND FOR FORTIFICATIONS
Government Boys Tract of Babmerged
Croand la Kan Francisco
Harbor.
BAN FRANCISCO. Feb. 13.-A deal has
Just been ronsummmated between agents
of the United States and Mrs. Herman
Oelrlehs whereby the latter transfers the
title to Ave blocks of submerged land west
of Fort Mason to the government. The
price paid is said to be In excels of $2au.0O0.
The property has been purchased. !t is
said, for the use of the War department.
of the improvements which the department
has in view is the construction of a pier
at Fort Mason, but the exact nature of
tha others can only be surmised. As the
property sold by Mrs. Oelrlehs la sub
merged. It cannot be made use of at once,
time being requir.tl for tilling it la. The
possession of th property to the west of
Fort Mason, it is sld. Is desired by the
government to more completely ieolate the
fortifications perhap to extend thein and
to give a clear field o. vision to the gun
ners In case of host II Uemonstratkms
from seaward.
TO AMEND HEPBURN BILL
Senate Committee i'ay Agree to Change
Court Eeriew Feature.
ALIGNMENT OF FORCES BEGINNING
ladlcatlnns that Administration Re
publicans Mar ot Hare tnlted
Support of Deaierrat la
Committee.
WASHINGTON, Feb. 18. There were in
dications at today's meeting of the senate
committee on Interstate commerce thHt an
amendment would be proposed tomorrow
on which supporters of the court review
feature for railroad rate leglslatlou may
agree. The phraseology of the amendment
has not been determined, but may be de
cided upon at a conference of Senators El
kins, Aldrlch and one or two others opposed
to the bill as it stands.
Senator Foraker took an active part In the
discussion today by asking questions con
cerning the pow-ers of the courts under the
Hepburn bill and whether it would Inter
fere with any fundamental rights. Senator
Dolliver explained the rate-making section I
of the bill and the Intention of the persons
who drew It. declaring that It was the pur
pose to carry out the provisions of the con
stitution, giving the government the right
to regulate commerce between the states.
Neither faction In the committee Is able t
line up its forces and know just where It
stands. One or two democrats have not
made their positions known. Of the repub
licans Dolliver, Clapp und Culloin favor the
bill as it came from the house, and Elkins.
Aldrlch. Kean, ForaVer and Crane will not
vote to report a bill which does not con
tain a provision for court review of orders
of the Interstate Commerce commission.
Supporters of the house bill have claimed
all the democrats, but the speech of Mr.
Tillman In the senate yesterday Is mid to
have made them uncertain as to his vote
and so far as known Mr. Mcljiurln has not
made his position clear. If these demo
cratic votes are lost ihe bill cannot be re
ported In Its present form. If one i,r the
votes was lost the committee would lie lied.
ii- Senator Culloin cannot get here to vote
on Friday and Senator Dolliver has lx-cn
unable to arrange a pair in the commute.
KlUliis Introduces Rate Bill.
Senator Elkins today Introduced his bill
reasi liable, the Interstate Ciumeroe coin-
mission shall have power aCtor complaint
"-". .'' " ""'.i rerpunng
j r-iien rate in lie mooillei se iar us snail DO
j necessary In order to remove the uniea
; sonchlei)' ss. The older shall tale effect
on and after a date to be stjecllli d nol
l0-" "'an thnly cloy m after service upon
the can irr ami snal! continue in effect for
"tv year, unle.-s reslrniiied or set aside
by a lawful ru.r or decree of court, or
unless l-evoked r inislifiid b a sup;lor
ineniiiiy older ef the cjciMilssioti. w idt h
may be .niile iijkiii the application of or
after entice to the cifrrier defending the
Provislf u 1 in iilo fc'r the sus:iensioii by
" ... ,
sain lo continue until the uiire'isoitabieiicss
declared hy the supreme court tn be un
constitutional, this ruling shall not affect
other Bcellons. Senator Elkins says of the
bill:
"This bill uses substantially the words of
the president's message In regard to the
I raminr in ortuern Japan.
President Roosevelt In an appeal today
took ofllclal cognizance of tho famine
I which has grown to serious proportions In
northern Japan. The appeal follows
February IS. IS.. The famine situation
In northern Japan Is proving much more
ert.iiis thun ul Ami ci... . 1 I
i 'Hn,," .of I":'0"" ur- the verge ot
l starvation. It Is a calamity such as may
t uccasioimiiy uciaii any country, rvations.
like men. should stand ever ready to aid
each other In distress and I appeal to the
American people to help from their abunil- I
"in.- men puiiiTiiiK iciiowmen oi ir.e great
and friendly nation of Janan. I reenm.
j mend that contributions for this purpose
i J1?' .l,,,!' National Red
1 the ja-anese Red Cross to Ire used as the
tre.isurers nr n.nl direct l.l..n ri....in.
: Hallam Keep. Red Cross treasurer. I'nited
J-Jates Treasury department. Wr.s'hlnton.
i'- v.. Jii rcr u i i . lti.lt iHh r.l.T.
Committee Calls Cromwell.
The senate committee on interstate
canals has subinenned William Nels.n
Cromwell of New York to appear before
the committee ln connection with the In
vestigation of canal affairs.
Bnrbank'a Sentence approved.
The president today approved the sen
tences of the court-martial In the two cases
against First Lieutenant Sidney S. Rur-
j hanlt. who was tried ln the Philippines.
in one case ne was cnarged wltn making
false official statements with reference fo
his alleged marriage to a Filipino woman
and in the other with embezzlement of
company funds. He was sentenced to dis
missal in each case, but in tbe latter he
waa sentenced in addition to imprisonment
for fifteen months,
The president also aDDroved the sentene..
of the court-martial in the two cases
agalnst Second Lieutenant Homer E. Lewis
of the Twentieth infantry, who was tried
at Fort Crook, Neb., on charges of dupli
cating his pay accounts and embesslement
of funds, in both cases he was sentenced
to dismissal and in the latter waa given
an additional sentence of eighteen months !
Imprisonment.
BEAVERS PLEADS GUILTY
sentenced to Twer Tears in Prison for
Conspiracy to Defrand Got.
erament.
WASHINGTON. Feb. U.-In the criminal
court today George W. Beavers pleaded
guilty to ths indictments charging him with
conspiring with former State Senator
George E. Greene of Binghamton, N. Y.,
ami W. D. Doremus, to defraud the gov
eminent iu connection with the furnishing
of postal aupplirs, and also ot bribery, and
waa sentenced to two years ln the Mounds-
vllle lW. Va.) penitentiary. He waa at
once taken into custody and will be con
veyed to Muundsville with the first batch
ot prUouera going there.
WOMEN ADOPT RESOLUTIONS
.National Paffraac Aasnrlatton Also
Hears State Reports and
tdjoarna.'
BALTIMORE. Md!, Feb. U. Today's ses
sions of the Woman's National Suffrage as
sociation were deroted to the reading of
reports of state president and the transac
tion of miscellaneous business, including
action on the report of the committee on
resolutions. The report, which was adopted,
was. In part:
Resolved. That we Yejoiiaa. In the decision
of the men of Finland tJ Istend full suf-
frage to women, and ttv,! I unprecedented j
grow th of public aertiiB .fin many Euro- ,
penn countries In the.yrectlon of equal
rights for women and 1nen. That we re
joice In the success of the women of Oregon
In obtaining the signature of one-elphth ot
the legal voters to a petition for the sub
mission of woman suffrage tinder the 'nl
tiattve and referendum tut- of that state.
The resolutions urge v'lntroduetlnn into
the public schools of ffTe system of self
govetnment known -a the "school .city."
also to secure Juvenile courts for the refor
mation of youthful offenders, express grate
ful appreciation of- the taction of the Amer
ican Federation of Labor lit passing every
year a resolution endorsing Ull suffrage for
women, and continues:
Whereas. For the flint time in history I
women have Iwn invited to form part of an ,
omeiai commission to investigate mancr oi
vital Importance to women and children..
therefore , '
Resolved. That we express our hearty
thanks to the governors of Wyoming. Col
orado. I'tah. Idaho, Imiisinna. Michigan,
Florida, Washington and Alaska for ginm-
Ing the request of tire California Woman !
o iiiiiik association u nifiNiii i hiihit m
serve wl.h eminent men nn notional com-
mittee to Investigate the laws of marriage
and dio"ce
Many of the delegates will go to Wash-
Ington, where on Thursday the eighty-sixth
birthday anniversary of Miss Susan R An-
thnnv will be celebrated.' At this relehia-
tlon addresses will le (hade by Commis-
slorer Henry R. McFnrland of the Pistrict
of Columbia. Representative W. P. Hepburn 1
of Iowa. Senator Fred T. fbubois of Idaho
Secretary of War William H. Taft. Con
gressman Frank H. Mohdell of Wyoming.
W. A. Render of Kansas and others, and
letters of congratulation will be read from
President Rcosevelt. Senators A. J. Bever
ldge of Indiana. J. F. Dolliver of Iowa.
Francis F. Wnrren of Wyoming. Charles
W. Fulti.n of Oregon. Thomas M. Patterson
of Colorado. Thomas C. Piatt of New York.
Ch-iunco M. Hepew of New York, W. R.
Allison of Iowa and a number of others.
MAGOON BEFORE COMMITTEE
l.iiirmir of Panama T.one Says Agri
culture Is Kmtendlng on
the Isthmus.
WASHINGTON. Feb. 1.1. Governor M -goon
of the Panama canal zone, today
testitled before the senate committee on
lnteroceanlc canals.
Fear of revolutions, said" Governor Ma-
goon, had discouraged agriculture on the ,
isthmus, but slnco the United Stales had '
isthmus, but ulnco the United Stales had
taken over the zone the fear had almost
entirely disappeared and uow rich tracts 1
of land are being taken for cultivation :
The ehrht.hour law was nrnuniMice.l hv
the witness a blow at the emi sncy
e efflfjancy of 1
lalsrr on the canal zone and he recom
mended that its arrpllcltiuu to tho zone be
suspended. I .' . -,
At tire afternoon sessvTO Kenwtrir Simmons
askd If there was aay deposition among
Panama people in favor of annexation.
Governor Magoon aid that the only dis
ciisr.fi u' lie had heard on that subject was
hisi summer when a rumor was circulated
that a union lictween Panama and Costa
Rica was being arranged. The Panamaians
then suit) that If there was to be a union
with any government they preferred it
with the Cnlted Slates. The witness said
he thought the commission now was ex
ercising all the functions It would Ire called
upon to perform unless there wis a revolu
tion. In that event he thought the I'nilel
States would Is compelled to broaden its
scope In governmental affairs.
Governor Magoon said he had acquainted
himself during the' day with the RIkcIow
I . k. . i ... i. ,...i
uiiii r a iu r "pi (iii"ci uv .uum 11 am"
would be to endorse the letter of Secre -
tarv Taft and Chief -Engineer Stevens in
hLt , ,at er Sena or. Simmons and Hop-
inai maiier. penuiors r-inimons anu nop
kins protested against dignifying Mr. Llgo-
low in that manner, and therefore It was
agreed to continue the examination wit h-
agrcca to continue tne examination wnn-
out reference to his charges. A large num-
ber of statements of foreign consulB, min
isters of the gospel and affidavits from
Mflrrinhiue women were offered benrimr on
.... . .......
the subject toucnea upon ny Air. mgeiow.
. . .... , , L . . ... ... .
tne Htaiemcnis nemea ine cnaiges inai
wojnen had been taken to tiie Istlimus for
Immoral purposes.
a P PO
The commission adjourned untH 2 o clock
tomorrow.
.- TTTZ
PACKERS CASE IS DRAGGING
Judge Humphrey A ska Attorney tn
Agree to l.onjcer .HcesluK of
t'oort.
CMICAGO. Feb. 13. -But two witnessea
were on the stand today In the packers
trial, both of them employes of Swift and
Company. Their testimony was simply a
rehash of what others have told relative
to tiie manner tn which the agents of the
government uske.l at the offices of
the packers, and of how they received it.
Nothing Important or of general Interest
trauspired during the day.
When court met pursuant to the noon
adjournment, Judge Humphrey asked the
attorneys If they could not agree to hold
I longer BessionB, saying inm me trim was
, dragging, and that he desired to expedite
it. Nothing was done today in the way
of extending the sessions, but something
may be done tomorrow.
Frank 8. llayward. oOice manager for
Swift and Company, was the first
witness placed on the stand when
,he Packers' case was resumed today. Mr.
! Huyward was one of the men who ioter-
viewed the agents for the government when
they came to the office of Ewil't and Com
pany to make their investigation of the
packing Industry- Hi evidence differed in
no respect from that of witnesses who had
testified to similar occurrences in the offices
of the Fairbanks Canning company und
Nelson Morris & Co., and which lias
already been published.
John M. Chaplan, thief accountant for
Swift and Company was the next witness.
He gave an extensive description of the
work done at the plant of Swift and Com
pany by the employes of the government.
He explained to the Jury the reports made
to Commissioner Garfield and bis agents,
and produced tables, copies of which he
said were taken from the plant by the
agenta of the government. Mr. Chaplan
waa on the stand when court adjourned
for tho day.
Kus Casts Three LI tea.
NEW YORK. Feb. It. At least three lives
' ar believed lo have been lost In the. East
liver today when a hay barge waa cut
completely In two and two others had holes
stove In them by a tug boat which was
running blindly in a fug and rammed Into
shipping at the foot vt Eal Twuty-Urst
street.
CROWE'S LETTER TO PRIEST
Epiitle Telling of Kidnaping Signed by
Be endant'i Same Up in TriaL
ADMISSIBILITY RESISTED BY DEFENSE
Letter la Said by Those Who Hate
Seen It to Be Hear Cut tou
feasloa by trust of
Kidnaping.
The only Interesting development in the
trial of rut Crowe belore Juuge Button ot
the district court Tuesday was au attempt
on the part of County Attorney Slabaugli to
introduce in evidence a letter which it is as
s rtcd rat Crowe wtoier to riev. Father
Murphy, & Catholic priest of Vail, la., and
which men who have seen it declare Is a I
clear cut confession by Crowe of the kid- !
naplng ot Eddie Cudahy. it was sent. I
presumably, by Father Murphy lo Ml.
Cudahy early last May. William Wallace,
vice president, and Wallace O. Shane, pay
ing teller of the Omaha National bank,
testifying as hand writing experts, ldcntl-
lied the signature, "Pat Crowe," attached
t t,e letter as being written by the irerson
h .., i th . ... r....ii,t u tha
" w"; ' -
police station and an affidavit In the former
trlal of Crowe.
Shortly ufter 11 o'clock Judge Sutton
cused the Jury, und the defense began Its
argument In opiiosilion to the admission of
,l , ,, . .J- , . , . i .. ,,.-..i:v
lhe -'"" J'r- RUchle objected generah
on the grounds the letter, whether it was
signed by the defendant or not, was
In the .
nature of a private communication between j
a priest und a member of the church and '
therefore inadmissible us evidence, and !
ih Eiuna.,,.. ,. i,. reeeim and the
affidavits were secured while Crowe was
un,i,.,. arrest and in the course of a criminal I
case, and therefore Inadmissible for the '
purposes of comparison with the signature
attached m tho letter His atiruiiient con-
tlnued un to ihe nnnn hour, when an ad
Journment was taken until 2 o'clock and
argument resumed After listening to the j
atfnrneva for th.. uftern.,r.n the court said
ne would give his decision this morning.
Cndahy Identifies Letter.
The letter was first brought into the
case during the examination of E. A. !
Cudahy. sr., who was recalled to the stand j
by the state. He Id. ntili. d the letter as
ono he had receive d early in May through ;
the malls.. The envelope was postmarked
at Vail, la., und he understood, though he
did not have positive Information, that
Father Murphy was a priest In the Cath-
olic church there. He had had soma cor
respondence with Father Murphy. The
letter in question contains about six pages
of ordinary U tter paper.
After Mr. Cudahy left lhe stand William
Wallace, vice president id the Omaha Na
tional bank, was called to testify as a
handwriting expert. His testimony was
given over the objections of the defense
given over the objections ct the defense
and in admitting it Judge Sutton said if
he found it was improper he would rule it
out later. The witness examined the sig-
nature attached to the letter and the one
on the affidavit.
"I would say they were undoubtedly
written by tho same hand," he said In i-
Kpouse to a question by Mr. Blabaueh.
He. oW-acs-irtcd ithu. entire, .let ter . was
written by the same person and that" tho
signature attached to the receipt was writ-
ten by the same person who wrote the
letter.
Posit It In His nrclslon.
"Aro you ali.e to auy positively upon the ' relation towards the" dramatic art arall'" .... ,,elWe.- ,M..a... o.. ..u.s
ixamination of a minute or two oa have literature of this cnuntrv as Is held by the land San Francisco. The committee ugrsed
, . .. ,., .. ' . r principal national theaters in Europe. It , to the same
made here tney were written by the same b'e ri) f()r thp p,, nf url onjy an,t same.
hand?" asked Mr. English In cross-exami- . not In anv way for the sake of protlt. and In eonversation with Mr. Kennedy Chalr
nutjori its missh n will 1- to siimulate art and , man Sherman frankly stated (hat Omaha
vm .!- i exercise that reHning Influence which deserved the place many times more than
us, sir. i m.ikes til" stage. If properly conducted, an i . , R . ,
Wallace o. Shane. navinK teller of the 1 educational nucncv second to none ill I am
K-ir i. ia..,,.in..a i h.r..i,.i.,n
,'',.,. . .
tli.. ... ci.it, t An. I nfftilavit u m the s.ime
w-. ....
that in1 the h'tter. Mr. English asked him
if the signature was not a simple one and
i easy to copy. The witness responded that
I no signature was easy tu copy so that it
N.nlH cot lie oetoete.t It uns ufter flits
- . .. ... - ...
j testimony wat adduced that the letter was
off. red In evld-nce and the arguments on
the objecr!ons of the defense were begun.
j ...... .
Previous to this Judge Day. before whom
: Hie trial on the charge of shooting Officer
Jackson was held, took the stand and testl-
'
i rlp' that the signature to the affidavit was
written by Crowe In his presence.
At the request of the defense John Mur
tagh, who testified as to the appearance of
tha men who rentr.il the Patrick entlavM (
- -
' before the kfdnaDlng was recalled for cross-
j , ..I
examinaiion. tie nam me aeienoanc nia )
i not look like the man he saw at Patrick's. '
t ..,,1 fn a n,iA.,lnn hv Xfr Klnh.ncrli I, a I
. ' , . ' ..... '
testified he could not say that the defendant
; . .. . .
I W.IH It. t i i. 1 1 1 n 1 1. nr pa.u ...r urirnuam IB
neshhr than that man.
; The state Introduced as evidence half a
) dozen photographs of Crowe, the lantern
i UKPrl ny j,r. Cudahy on the trip to Fad-
dock's grove and several legal documents.
ainoiig them the lepers bearing the sig-
nature of Crowe, objection of the defense
tn ihe admission of the pictures and dm n.
j nlpn(B overruled by Judge Sutton.
lonir ArKDmrnl on Krttrr.
Almost the entire afternoon was taken
up by the attorneys in the argu.nent of the
objections of the defense to the introduc-
tlon of the letter. In his argument County
Attorney Slabaugh contended that lnas-
much as the letter was not written to
F.'ther Murphy ln his cupacity as priest
and contained a request that he forward
It to Father Linniharh and write to Mr. and
Mrs Cudahy atout It. It was not ronflden-
tlai and could be admitted. H also con -
terded that the signatures on the affidavit
ncd the receipt were written willingly by
the defendant and could be admitted for
the purpose of comparison.
The reading of passages from the letter
nipeared to affect the defendant greatly.
One part which was read told of the de- , In the case of Charles L. lilanton. charged . the appointment of C. W. McConnoway to
fendant's desire to reform and lead an up- with conspiracy In tbe location of govern- j ,H rsrstmaster at Holdiege, Phelps county,
right life. He said Futher Murphy, to ment buildings, had been submitted when Mr. McConnoway has served one full term,
whom he was writing, had burled his father 1 'he defense late this afternoon demurred ' It is expot.d by Judge Norris that his
and Father Linnlhan had burled his mother. : to the evidence and, asked the court to . nomination will be sent to the senate on
When Mr. Ritchie read this Crowe leaned render a verdict fnr the defendant. The Friday,
over and buried his face In his hand. Then demurrer waa argued at length by both I Representative McCarthy teduy enter
he pulled his handkerchief out of his pocket ; sides and the defense tonight f-el hojieful j ts'rted at luncheon State Senator M. A.
nnd wiped his eyes.
ftutton Takes Time.
At 4 o'clock the arguments and citations
of authorities were finished and Judge Sut
ton said he desired to reserve his ruling
on the admission of the letter until this
morning.
It must be conceded." he said In making !
the announcement, "that one test of the ad -
....... . . .. ...
mttslDlliiy or me lener is inai tne rela -
tion claimed must really exist. The com
munication must be made in an official ca
pacity. The question depends on whether
the writer sought the priest in his official
capacity as priest and communicant or
whether It was purely a business matter.
Ia the opinion of the court it la not enough
that they belong to the same church. If
someone else might have given him th
relief sought aa well as a priest then, the
court thinks It is not a privileged communi
cation. I have read the letter but once
.Continued on Becoud Pan?
NEBRASKA WEATHER FORECAST
Fair and Confirmed t old Wednesday.
Thursday Fair end Warmer.
Temperature nt Omnha Yesterday i
Hoar. Ilea. Hour, flea.
A a. m ,-vt p. ni 21
a. m :o it p. m 1
T a. m an X p. in H
S a . in II 4 p. in 1 st
a. m II ,,. IT
to a. m I'S l p. ni IK
II a. m in 7 p. n in
la m Ut H p. m I'
ll p. m
j WILLIAM HITE KILLED BY CARS
Knocked lion a, Draaaed Hundred
aad Fifty lards and Body
Badly Mangled.
William Hit- of Pellevue. NeK. aged 40
years, was run down and dragged by a
Missouri Pacific train at Fifteenth and
Grace streets at 11 ;W o'clock last night
nnJ " verely injured that he died within
a few minutes. Hite was with .Martin
Gallpo, -11 South Twenty-sixth street. South
Omaha, when run down. Gallpo says they
were in the yards waiting to get on a
freight train going to Sioux City, and that
Hite stepped Ix hind a car which formed
the end of a string to get Into shelter from
the cold wind. UulijK) stood to one side
of the track. At this time switch engine
No H1 was making up a train and the two
men failed to notice the engine was about
to couple on the other end of the string
of cars until the Jar of the Impact reached
the end where they stoisl. llite. U ing dl- j
recti) in me way. musi nave i-en kiiockcu
. . .. .. 1. .
UOWII Hnil some OI HIS cloinillg Catlglll, ar
he was dragged several blocks to Charles .
street, when the train stopped and run !
north again about one block, when Galipo s
franllc efforts to secure the attention of
Hie tralnme.n were successful and the cars
brought to a standstill.
The body was horribly mangled, both legs
' ing crushed, one entirely severed, while
" were bruises und cuts about the
t: :!!.',. John Gravenhurst. C. E. Wiley and
L. A. Dvuglas of the crew ran up with i
l:t:iterns and on linding what was left of '
the man. one of them ran for a blanket. '
There was still signs of life, but when the j An African in the lumber pile was sus
blnnket came Hite was dead. The police I pected and Mr. Hlnshnw, niemlrer of the
were sent for and searched the track for I Indian affairs committee, and Mr. Kennedy
the dismcmlrcred portions of the body;
whU.n wore f0,lnrt strewn along ln the !
,IMH-soaked snow for
Galley arrived and too
15o yards. Coroner
took chariee of the re-
nniUlK Hit0 w;ls ,, red and had a
,,,. aml tw brothers living at Relle-
vue, also a brother at South Omaha.
WILL FOSTER DRAMATIC ART
Vn York Men to I'mlinv Theater on
Plan ni ntlnnnl Play Mouses
in Kurwpe.
NKW YORK. Nov. IS. A movement by
a group of well known New York men to
: establish In tills city a theater designed
to foster and develop tiie dramatic art
was desciils-d today by Charles T. Uarncy,
one of the founders. He suld:
Our r.Ian Is not launched In the Interest
M or identinea wini any one man. .o
j or ,ip HW MHU.r wc ,,rc,,me to chof.se
the 1 st available man und whoever he Is,
bewill U' subject lo the active direction
and htipervlaion of t lie board.
I tu ...it Ii.lnt.ll.in t.k ..11 itlM
' playhouse - the NaKonul theater, as this
would seem to imply a national endow-
J'rr In "he sense tha" it Mould i , tho
founders' earnest endeavor, bv the stand-
; ard of the performance and the spirit of I nsked for bv Secretary Hitchcock he dl
1 the administration to nlace it In the same ...... ,',.. , ,. . .
- effectiveness.
Ci reful esiimales nf the earning capacity
.L . .. . ... . :V ,.
(tI fI... nouse convio. e us inai n win iiol
only he easily
s.lf-sutaliiln. bit dis
H'lctly pr.ihtal.lo for the creation or an
eiidownicnt fund, a school nf dramatic art.
!in, ;,,.(, ,rB- nenslon nn.l similar uses in
keeping wllli the altruistic purpose of the
enie.irise.
K,.ntleme,, ye, to be heard from-are as
follows:
: '" , J'' AMor. Charl.s T. Rarney
K.lmund L. I5:n lies. August Helninut. I'aul
. p. I'-uvath. William R. trsgood Field.
George .1. Gould. Eliot Gregory. James H.
" "Jto H. Kahn. James Henry Smith,
Jam-s Stlllman, Robert 1'. Van Corilandt.
H.,rry rayne ' Whitney, Henry Rogers
w inthrop.
! JOHN A. M'CALL IS
QYQ
; . . . .
1 Last Rites of Roman Catholle Chnreh
Administered to Former
Insoranee President.
Life
NBW YORK. Feb. 13. -The last rites of
j l"" hwiouc cnuicn were aumiii.s-
'. ,0(lav ,0 J,,hn A' McCall, former
, President of the New York Life Insurance
r,,l"luny. at Lakewood. N. J.. where he has
en ocrinusly 111 for some time. Futher
'" '
Lak- wn'r1' ,1'' M'" family has at-
tended wh. never at Lakewood, officiated.
' Mr McCall had had a sinking spell and
t I hr lot torn hurl lu-pn liHMttl v- imiIImiI Mia
' ' , ' . ....' "
t tiinil 1 1 hi va nu ii iiifs-i inn iniiiiiv t r a U -
vised to be prepared for the worst. Subse
quenlly Mr. McCall rallied somewhat, but
ni, rondltlon remains critical. a
A sides Mrs. McCall there are now in
; constant attendance three physicians and
; three trained nurses. Dr. F. G. Janeway
and Dr. John Vanderpool of New York
have Ireen called in consultation.
' .
nCMIIRRPR IM Rl AMTflM PACC
, ' "wi.
! r.u .n i -h ...
That rrdlrt for Defendant
Re Ordered.
Mo., Feb. 13. All the evidence
JOPLIN
1 that the court will sustain it.
Charles L Blanton. charged with ce.n- j Blooniflcld. These gentlemen arc In Wah
I spirnry In the location of federal buildings, ! Irtgton enroute to New Turk.
i took the stand today in his own defense.
He denied emphatically having any knowl-
edge of money raised to Influence the sc
lection of site, iu the several town, of
Missouri and Arkansas.
I .... . ...
I Movements of Oeeaa Vessels Krb. l:t.
I K- v..rL x.-.i. .i u-i ,r ,
IL from Bremen: Klaaiendain. from Hotter.
dum.
At Cherbourg Arrived: Kuiser Wilhclm
dtr Gross, from New York. ! , , . , , ., . , , ., ...
At Liverpool-Arrived: Pann mia. from P"'"1"' 1 friend, of the berea ved family will
New York, via Queenstow n. Sailed: Lake ; attend
Crianipiain. for 8t Johns. N. F. I lt announced tonight that the fol-
At Naples Sailed: liiatiie, f-r New York ;. ... . , , . . .
At Rotterdam-Arrived: Rotterdam, from 1 wln "'r'" b"n selected: San
New York. .atois Millurd and Iluikelt. Congressman
At Movlllo Arrived: Astoria, from Xt w . Kennedy, W. E. Andrew's, auditor tor the
. U H
At Hong Kong Arrived
Coptic. from
Han Francisco.
At Flume Sailed: Curiialhia, for Now
OI k -
At London Sailed : Luk Michigan for
SUPPLY DEPOT EIGHT
Congressman Kennedy Hammer Away
Until He Wini Otir ommittee.
SPECIFIC APPROPRIATION FOR OMAHA
Eecra'ary Hitchcock Wanted General Grant
with Ho Cities Named.
NEW YORKER AND KANSAN BACK HIM UP
Hinshaw, Who is a. ember of tbe Com
niittee, Ablj Seoonds Omaha kan.
LAND OFFICE RECEIVERS ARE TO STAY
I aneral of .Miss Grace Tharston to Be
Held Thursday Morslsg from tho
Family Home on Wyomlap
Avenue.
tFrom a Staff Correspondent.)
WASHINGTON. Feb 13.-tSpecial Tele
gram. ) Ever since Omaha was made au
Indian supply depot trouble has arisen at
every session of congress to continue the
appropriation, namely, 1",000 per annum.
i A good deal of fun has been had over ll
ability or Inability of the congressman
from the Second district, the senator from
III.. V...II. 1) ..... , !.- X- t .1..
. . .a.cc i uu "u
a iumi -j ninui nun rin-ciiie li oi in
tho Indiun appropriation bill. Mr. Kenned),
according to a statement he made toda.
linds no humor in the struggle to retain
at Omaha an Indian supply depot.
When Secretary Hitchcock was before the.
hou.se committee on Indian affulrs, which
prepares mid r ports the Indian appropria
tion bill, he asked for a general appropria
tion oi JSl.iixi. or KI.OOO higher than was
appropriated In the last Indian bill, to cover
generally the Indian supply depots at St.
Louis, Omaha and San Francisco, but ho
desired no mention of the last named cities
Iregan a campaign of education. Commu
sinner Leupp in his testimony before the
Indian affairs committee stated that the
Omaha supply depot was needed and thai
the possibilities of Its future were very
bright, but he could do no more thHii sup
port his chief ln asking for n rccommenda--tlon
of $M,tNi without mention of either
Omaha, St. Loui ur Sun Francisco.
Insists its perlne Appropriation.
Mr. Kennedy consulted Senator Millard,
who has had considerable experience in
retaining the fpi.rjno appropriation for the
Indian supply depot In the trill. Attw
canvassing the situation, Senator Millard
sugpesttd that a specific amount should be
insisted upon and that Omaha should Ire
named in the bi(l as heretofore; otherwise
hy some devious method it might lie
dropped out completely. And upon that
pcoposiio.n .nr. rvcnueuy ,,ru, tow.
; nn nammer ann
tongs he has gone after
members of the Indian affairs committee.
aided anil abetted by Mr. Hinshaw, until
at today's session of the Indian committee
of the house Mr. Sherman -threw his hands
in the air and said that there was so much
; objection to the appropriation for Indian
I ""I1 d"WJ,R " lf-neral In character
' he would suggest that the i;t.0.jn additional
I "How about New York?" said Mr. Ken-
nedy
r"r
"W!1." replied Mr. Sherman, "you would
hardly expect me to agree to that proposi
tion." Mr. Kennedy in making his argument to
I the opjKineiils of Omaha, Mr. Sherman and
j ."IV, r . . , - nl.Lr.TZ I f
Mr, Jon- f"fr rommlssloner of
Indian affairs. Omaha was never given a
souare deal: that intending bidders were
' ' , 1 , , ,r . ,ZZ L.
n'P."'a to ship their mplea to Chicago
and base their prices on Chicago, whan. In
i fact, they were 500 miles nearer tha rmlnta
,,' Vinutinn afr Z LI h. llLl.jTlZ.
i , ; ,
very greatly and the coming season gives
promise of being the best Omaha mer-
cnnuis oeHiing in inuian supplies nave ex-
i M.l.n..j
i perlenced
Merchants Can Help.
If the Commercial club will go to the
front and aid Mr Kennedy in the efforts he
Is .making to secure a specific annronrtatlon
; fnr Omaha, and business men generally
. wl ,ake upon ,hemselvea to wire the
committee the necessity of continuing tk
tmlian s,ippiy depot Ht Opiaha. much can
accomplished Iretween the time of tho
Mil s rer-rrt to t he house and Its passage.
, Receivers to Hold On
Tne. mnv,.m,n lo ab(1h receivera of
i,n ,..,. nf l.nrt ,.m.
prfimjBP ,lf b(.,nK dpf,ed In the near fu-
i . ...
Iurp- 1 "uuinmea Dy tt -crUry
, of the interior through friends In both the
house and senate does not meet with the
i approval, and It has been practically agreed
, upon by memlrers of the public lauds ram
' mil tee.- of the two houses to report against
It when it conies up.
Hulchers Oppose Parcels Post.
The Retail Butchers' Protective associa
tion of Omaha, through its executive offi
cers, is remonstrating against the passage
or ihe parcels post inn, senator Millard
i having transmitted the remonstrance ioday
; to the senate committee on the poatofflce
I and post roads, with the request for careful
! consideration.
Minor Matters at Capital.
Representative Norris has recommended
Meserve of Crelghton und Will Tactette of
Fnneral of Mlaa Thnrsten.
The ftieerul services nver the rmimins nf
Ml GraM, p Thlirsto. eldest daughter
j of fun.!M. B,.naUll. ThUr.tc.U. who died in
lh Monday night a. a result of an
I operation for appendicitis, will be held
i .
' ' I'urr.iay morning i ji o ciocs. iroin iu
; residence of her father. 2132 Wyoming ave-
. nue. The services will be ot an unobtru-
. -i i, . , .nH ,,K. ,1.,.. lni. nt
Treasury department; Jowph R. Welister
f the Interior derail mi nt . M. A. Ballluger
and Robert B. Brown, partners of Mr.
. -...,.,,. . . rj.. . a .... .
Thurston, and Edgar C. Snyder.
An operation had been performed on alia