Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 28, 1906, Image 1

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    Omaha Daily
Bee.
NEW LOCATION
THE BEE BUSINESS OFFICE
around Floor Cornr
Tht B Building 17th and Faraam
new Location
THE BEE BUSINESS OFFICE
Ground FIor Corner
Tilt B Building I7lk and FirMm
OMAHA, WEDNESDAY MORNINU FEBRUARY 28, IMG TEN FAGES.
SINGLE COPY THREE CENTS.
ESTABLISHED JUNE 10, 1371.
The
PIERCE TO TESTIFY
AttoTusj General Will Beframe Oil Inquiry
at St. Lotiia Tomorrow.
RECALCITRANT WITNESS TO BE RECALLED
Treasurer Adams of Waters-Pierce Concern
Will Be Placed on 8tand Acaln.
RUSSIA WORKS FOR PEACE
All
HEARING IS BEGUH
'4.
IAH0MA CITY
Witness Bays Mall of Btam . Company
fu Opened by Waters-Pieu 4 .ny.
INSTRUCTED TO STEAL OIL
Pmalklr Effort re Relna I ed
to Keep France and tirrmr
from WP.r.
Former Agent Telia of Method tA
to Keep Track of Bnslnes
of Independent Con-
54
ST. LOUIS. Feb. a;. The Inquiry Into
Standard Oil method pursued 'n Missouri
will ha resumed next Thursday. H. Clay
Pierce, former preldent of the Waters
Plsrce Oil company, and Charles Adams,
present treasurer of the company, will
be called as witnesses.
During a former session of the hearing
Mr. Adams refused to produce books and
records of tho company bearing on Its re
lations with the Republic and Standard
Oil companies and Attorney General Had
ley placed the matter before the supreme
court for decision as to whether witnesses
could be compelled to produce books and
records and answer question at the hear
ing. Yesterday the supreme court ruled
In the- affirmative.
' In speaking- of the declxion today Mr.
Adams, said he would consult counsel for
the Waters-Pierce company as to whether
the decision requires lilni lo answer Ques
tions In reference to the affairs of that
corporation. "J shall be governed solely
by the advice of our lawyers." said Mr.
Adams. "I have not as yet read the de
cision, nor am I particularly concerned
about It, one way or the other."
Hearing la Oklahoma.
OKLAHOMA CITY. Ok!.. Feb. ST.-As-
sistant Attorney General Lake begun tak
ing testimony here today In thu oJster case
of the statu of "Missouri against the Stand
aid and other oil companies. John ' Bur
rows, a wholesale dealer, said that while In
the employ of the Waters-Pierce Oil com
pauy part of his salary was paid by the
ritandurd Oil company. He had from time
to time received instructions to cut prices
to a point at which It was impossible to
Independents to do business. Ho was in
strutted to get samples of oils shipped In if
he had to steal them. There had never
been any competition between the Standard
and the Waters-Pierce companies In Okla
homa.
Burrows said that oils used by the Inter
national Harvester company In Oklahoma
was charged to the Standard Oil company.
"The Waters-Pierce people put labels on
their oils for harvesters." said Burrows
"The harvester peoplo furnished the labels."
WtfetYi'?7 Wale Fa Mere company was
reorganised, Barrows said he lecelved
le.tur from II. C. Pierce saying lie was
' going to retire on tho ground or ill
health.. There were three auditors, he
testified, one of whom came from it Brood
way, New York, representing the-Standard
company, and he always had credentials.
Me testified that Frank Norton, one of the
auditors for the Standard company, said
In Ft. Louis ten years ago thnt all old
Hinployes of the Watera-Pleree would have
tu go, as the Standard had control of
Waters-Pierce and the Standard had sent
a vice president out here. When the Ro
public Oil company waa organised, Mr,
Rurroaa said, .he was told not to worry
about competition from It. Mall addressed
to Standard Oil company, Oklahoma City,
mas put In the Waters-Pierce box at th
postofflce, he said. The Waters-Plerco
company, he testified, said It was all rlgh
to open the lettera
On cross-examination Burrows was asked
'How did you know there was a reorganl
satlon of Waters-Pierce company?"
"I got a letter discharging ma and an
other letter by the same mall hiring ma
over again.
"Who signed the credentials of the Stand'
ard Oil auditors T"
"R. M. Vanhorton, assistant manager n
rns walera-Plerce company at Little
ttuolc-
Attoroey General Talks.
wr.r r ERSON CITY, Feb. 27. -The fo!
lowing statement was mad Unlay by At
lorney Oenernl Hadhy regarding his pro
Wisej action under the decision nf tho .,,
Ntjl'" court yesterday relating to the in
icuatlnn Info the Standard Oil casta:
I All ask J nd e Olldrsleeve of the si
preme court nf New York to reoulr xt
Jtegera to answer the questions which he
has declined to answer. Whether tinder
this derision. 1 will mt-k the court to require
officers of the respondent companies to
PiM-r aim irmiry win ne a matter of fu
ture consideration. As the tcs tlinony hi
the case is now practically complete with
tha exception of the evidence relating to
the common ownership of the stock of
these three companies. I win endeavor
to . hasten the conclusion of the mm In
tX Securing of this testimony.
ST. I'ETERFBl'RH. Feb. .-Russia Is
using all its influence at Berlin to prevent
a rupture between France and Germany.
Its nctlon has been taken at the Instance
of Pari, where the Rojvier government
Is apparently convinced that Germany pro
poses to persist In its attitude even to the
point of provoking war. On account of the
close relations existing between the court
of Berlin and St. Petersburg It is believed
In France that Russia will have more in
fluence upon Emperor William than any
other power. Earnest representations In
favor of concessions to Insure avoidance
of an appewf to arms were accordingly
being made, to which Germany replied that
It had no desire to provoke war. Never
theless It gave no Indication that it pro
posed to modify its attitude, and Russia's
latest advices from Algeciras indicate that
practically all hope of an agreement has
been alndoned.
Premier Witte has now become a distinct
advocate of an Anglo-Russian understand
Ing and it Is understood that negotiations
have been or are about to be reopened In
London to determine the status of this
agreement. If they are successful, a new
grouping of the powers will undoubtedly-
check Germany's ambitions. The main oh-
tacle to an understanding Is the dispute
regarding the respective spheres of Influ
ence of Russia a:;d Great Britain In Persia,
as tho Russians nre loth to abandon their
plans for reaching the Persian gulf.
ALGECIRAS. Spain. Feb. 2i. Sidl Mo
hammed el Mokhii, the second Moroccan
delegate, hns caused considerable excite
ment by the disclosure Unit concessions
for harbor Improvements at Casublunca
nd Safll, two leading Atlantic ports of
Morocco, were given to the Crueaot com'
pnny (French) at the same time that tha
Germans secured a concession for harbor
Improvements at Tangier.
1TY COUNCIL PROCEEDINGS
Cosmopolitan Hotel Company Presents Two
Ordinanoes, Which Are Referred.
aaaaaaiaaaaaa
IRST MOVE FOR HOTEL CONSTRUCTION
City Asked to wiles Sidewalk, Permit
Balldlns; of Areade oa Seventeenth
and Also aa Alley Between It
and Bee Building.
AMERICANS REACH KUIKIANG
Missionaries Compelled to Flee from
Aanchniis; Are Reported
af.
PEKING. Feb. T,. American Consul Gen
nil Rodgera telegruphs from Shanghai that
the fourteen American missionaries who
fled from Nun Chang all reach Klu Klang
in safety.
The gunboat El Cano Is proceeding from
Nun King to the scene of the trouble.
SHANGHAI, Feb. 27. The survivors of
the massacre of missionaries at Nun Chang
have arrived at Kiu Klang.
The French cruiser Descartes and the
American gunboat Qulros sailed today for
Kiu- Klang. It Is understood that the Brit
leh sloop Clao and gunboat Teal are al
ready there.
LONDON, Feb. 28. Telegraphing from
Peking, the correspondent of the Tribune
says: The subprerect or Nan cnung. wno
has had a bud reputation among foreigner
since the boxer troubles. Invited the' mis
slonaiirs to a banquet. After the banquet
the subprefect withdrew and attempted to
commit suicide. This action, in Chinese
eyes, necessitates vengeance and led to the
massacre nf missionaries.
The feeling In Peking Is apprehensive
owing to the fact that a Chinese shoe was
thrown at the dowager empress while she
was walking In the palace garden. The
miscreant has not been discovered.
Plans for the new hotel project for which
the Cosmopolitan Hotel company was re
cently organised, have been perfected to
a sufficient extent to bring the subject up
before the city council last night In con
nection with certain concessions desired to
expedite the building operations. The two
ordinances Involved were referred to a
committee.
The hotel Is expected to occupy what was
knon as the old Pundt corner at Seven
teenth and Douglas streets, now owned by j
the Syndicate Building company, extend
ing also west upon the ta'o adjoining lots.
making a total frontage of 130 feet on
Seventeenth street and 19R feet on Douglas,
although the Douglas street frontage mayJ.ooa operators and miners. In which Fresl-
RCBBINS CALLS CONFERENCE
On nsraestlnn of President Roosevelt
Bltnmlnona foal Operator Will
Reconsider Action.
PITTSRI'RG, Feb. 27. Acting on the ad
vice of President Roosevelt, Francis I
Rubliins, leader of the bituminous oper
ators, has called a conference of operators
for tomorrow in an endeavor to arrange
some means of preventing a strike of lbs
bituminous coal miners.
The meeting of the operators-tomorrow
promises to be a storfny one. The turbulence
is expected to arise over the attitude of
some of the Independent operators In the
Pittsburg district, who are opposed to any
concessions whatever. ' Several of these
operators tonight expressed the Intention
of being present at the meeting and enter
ing a vigorous protest to any such conces
sion as proposed. The opposition to grant
ing any advance In the miners' wage is
said to be based upon the fact that the
coal trade today la In a worse condition
than It waa two years ago when the miners
accepted a reduction. If there la to be any
change at all. the opposition claims that it
should be along linea of further reductions
rather than for advances.
NEW YORK. Feb. 87. Pending a settle.
ment of the controversy between the soft
not all be erected at first. Rough drawings
for the hotel contemplate giving access to
It from Farnam street by a covered orna
mental arcade protecting the sidewalk for
a width of sixteen feet and the city Is to
be asked to widen the sidewalk to a line
corresponding with that adjoining the court
house on Seventeenth street between Far
nam and Harrey. In order to carry the
arcade across the alley from The Bee build
dent Roosevelt has taken a hand, as Indi
cated hy his letter of yesterday, the ne
gotiationa with the anthracite operators
have apparently been suspended. No meet
ing between the anthracite onerators' sub
committee and the miners' subcommittee
will take place tomorrow, as has been an
nounced, and no other date has been ar
ranged. It la said by 'the operators that
President Mitchell will probably allow the
Ing to the hotel, It is proposed to close the anthracite question to await a settlement of
alley where it abuts on Seventeenth street I the bituminous controversy and that his de-
FORMER PREMIER RE-ELECTED
MP. Balfour Retnrned to Parliament
from London District hy Bin
Majority.
LONDON, Feb. r.-Arthur J. Balfour.
the former premier, was today elected to
the House of Commons for the city of
London by a majority of 11.840 over his
liberal-free trade opponent, Thomas Gibson
Bowles. The vote was a strictly nartv
one. the rsndldatea receivina fewer votes WB" adopted.
than were cast for the conservative and nje mane
liberal nominees at the general election,
when the conervatlv majority was lO.im..
Mr. Balfour, who Is not well, was not able
to appear at Guild hall, where the votes
were counted, but was represented by Miss
Balfour, who In a speech thanked the elec
tors on behalf of her brother. The elec
tion was a foregone conclusion. There was
no celebration. 1
The result of the election waa as follows:
Arthur J. Balfour, unionist, 16,474; Thomas
Gibson Bowles, liberal, 4.134; unionist ma
jority, 11.340.
and enlarge It In the center, making It
thirty feet wide for a length of 150 feet.
To carry through these preliminaries re
quires action on the part of the city, sub
ject to the consent of the property owners
immediately concerned.
While the funds which' the hotel pro
moters set out to secure hare not all been
subscribed, the project seems assured in
case the details can be worked out to tlw
satifaction of thoe who are behind It. The
hotel proper, it is ald. will not be less
than eight stories of strictly first-class,
fire proof construction, with all modern
equipment. The application to the city
council will be tiie first overt move toward
actual construction.
The drafting of the papers was done by
Attorneys Wharton and Adams In con
sultation with City Attorney Brecn.
Breen Shows Warmth.
The report of the finance cnnuiirt.
recommending that the office of second as
sistant city attorney be not created be
cause It is thought "neither expedient nor
necessary at this time" Inasmuch as the
city attorney had the right to appoint an
assistant to serve out the remaining time
of tha administration, under authority of
an old resolution never rescinded, provoked
a speech from City Attorney Breen In
which he displayed considerable feeling.
Mr. Breen said the committee had held
up the ordinance two months and It 'was
now too late to appoint an assistant for
the short time remaining until the expira
tion of his term. He had hoped to dignify
the office and obtain a superior man for
It by its formal .creation and the increase
Of $30i a year in the sulury, and, In view
of the fact that the, council in November
adopted a resolution declaring, the place
necessary, had refrained from taking ad
vantage of the old resolution. He said
that differences of opinion between him
and tha majority members of the council
on certain public questions were responsi
ble for the ordinance being held up. Tha
report of the committee waa adopted, Zlm
man and Hoye voting in the negative.
The committee on railways recommended
Hoye's street railway regulation ordinance
No. 1 placed on file, giving as the reason
that two ordinances embodying the same
matter have been Introduced since, pre
sumably In perfect form, and the report
tn anils may be affected by the situation In
the soft coal field.
KANSAS CITY. Mo.. Feb. 27. John C.
Tarsney of this city, a member of the
Southwestern Operators' association, who
was also a member of the scale committee
at the recent Indianapolis conference, is
quoted today as saying:
"President Roosevelt's Intervention be
tween the coal miners and the operators,
although In the Interest of peace, is unwar
rantable Interference.'
FINE AND ONE YEAR IN JAIL
Rer. 0. 0. Ware's Sentence, Latter of Which
Dean Eeecher Offers to Serve.
OMAHA MINISTER VOLUNTEERS SACRIFICE
Aaka for Privilege of Court to Kl
press Sympathy and Faith la lass
cenee of Brother Clergy
man Convicted.
The remarkable Incident of one clergy
man offering to serve the jail sentence of
another mas presented In the United States
district court Tuesday morning when Judge
Munger sentenced Kev. George U. Ware
to serve one year in the Douglas county
jail, in addition to paying a tins of tl.WO
lor conspiracy to detiaud the government
out of titles to public land. No soon or
had the court imposed sentence than Kev.
George A. Beecher, dean ot Trinity Epis
copal cathedral of "TJmaha, arose and ex
pressed hia willingness lo go to Jail for
his brother in whose innocence he pro
fessed absolute , confidence.
"It may seem out ot place and premature
for mo to speak a word ot sympathy for a
brother in distress," said Dean Beecher,
"but I have been taught, aa many others
have been, that .'t Is my duty to fly. lo
the relief of a friend and brother and
I seek lo do so now. There have been
examples of vicarious sacrifice, and 1 have
been deeply touched by all these proceed
ings that have brought my brother here
and the sad position in which he is placed.
but with charity for all, 1 say as a cltisen
of the I'nlted States, that I am, without
regard to the verdict ot the jury, com
pletely convinced of tho Innocence and
purity of character of this brother and I
111 sdy I would gladly sever my connec
tions with my clerical duties and if
could, would go to the Douglas county ,,, interview with Jtidne Frank R. Alkens,
Jail and serve this sentence for my brother. , ., -eminent local attorney, whose services
Rev. Mr. Ware. If he has mado a tech- i : ,o,.n secured In advance. Mr. Alkens
a speech, in which he said
tho move was one merely to gain thirty
days delay in reporting on the matter. He.
demanded the reasons of the committee for
refusing to bring the ordinance up for
discussion and was met with silence.
Paving Road Ordinances.
Ordinances were introduced providing for
the submission al the May election of a
SnO.OnO paving intersection bond proposi
tion, and for an Issue of alnnit S1O9.O04 dis
trict street Improvement bonds to cover the
cost of a large part of last year's paving.
P. E. Her again demanded by letter that
tlie council remove the barn used by the
city garbage company which stands In
the middle of East Iavenmortli street. In
order, Mr. Iler said, to permit improve
ments lo be made. The communication
was referred to a commiitee.
t ottneilmen Evans, Huntington and
BERLIN. Feb. L'7.-The Duchess Sophie I " -'" - cu.nnmiee
Charlotte of Oldenburg, daughter of tht) ' ,""a, nuisance
reigning grand duke of Oldenburg by his frr,m Smlln Uro"' ,,rlck '. complained
first marriage with Princess Elisabeth of of ,,y lhe m,llM v"w Improvement club.
Prussia
ROYAL WEDDING AT BERLIN
Duchess Wophle of Oldenburg I nltrd
to Prince F.Uel Frederick
of Prasala.
KIELY GETSAN INJUNCTION
Kt. I. on Is Police Board Temporarily
Restrained from Trying' Chief for
Craft and Ttearlevt uf Dnty.
ST. LOVie. Feb. 27.-Chief of Police
Mathew Kiely, recently suspended, was
placed on trial hfore the Board of Police
Commissioners tp answer to charges that
he had deserted his post in time of need,
permitted gambling and other improper
houses to f ourlsh. failed to eradicate graft
from the police department and had in
structed a subordinate .officer to make a
false report concerning an arrest.
When the trial began this afternoon
counsel for Mr. Kiely requested a continu
ance, on the ground that the defense was
not yet prepared to come to trial. The
question of continuance was put to a vote
and the board unanimously voted to pro
ceed with the trial. :
Tha trial had scarcely irotten under way
hen Mr. Kiely' s atvnj HevwXCUiiaia 1 H-
Saumlers, Instructed --the- defenduut chief
to plead not guilty to the charges, to re
fuse, to reply In response to questions In
the absence of his attorney and to say that
he was not there officially, but only physic
ally. The attorney then rushed to the
court house, where he obtained a temporary
injunction. Issued by Judge Douglas of tho
circuit court, and effective Immediately
enjoining the police board from continuing
the trial proceedings today.
The police board Is cited to show cause
tomorrow why It should not be permanently
enjoined from trying Kiely.
Attorney 8aunders departed tonight for
Jefferson City. Before leaving he stated
that he will tomorrow attempt to have the
police commissioners adjudged In contempt
of the supreme court, for the reason that
niter the supieme court had decided' that
Kiely was entitled to counsel the board
refiined sufficient time for counsel to con
suit mid prepare the case.
nicol mistake he la not a criminal"
Court and All Anecleil.
Dcuu Bcccncr s voice tremuivu with ihc
deepest amotion as ne ottered Himself as u
vicarious sin. mice, and tut; incident, re
markable in lis solemnity and earnestness,
brought lears to the eyes of many lu the
court room. Judgo Munger said, in reply-
to Dean Beecner: "The court deeply ap
preciates tins situation una shares in lue
personul lceiing prevailing, but Hie court
fas a duty lu perioral lna.1 11 cannot
void."
The court, room was early crowded witli
friends ui Kev. Mr. Ware and utneio,
drawn there to wituess the climax vt mc
case which il waa known would lu reached
Tuesduy morning. Uesldo Kev. George G.
Waru, uis wife, who has remained at
his side througnout mc Irial, his attor
neys, Henry r ruwlcy ot Dead wood and
X. J. Mahoney of Omaha, District Attorney
(joss. Special District Attorney b. R. Kusu
and inuny prominent Omalia ciuitmd worn
present in the court room.
Judge Munger overruled in full the mo
tion ot Wares attorneys tor a new trial
and imposed sentence. Attorneys at once
i
i
LINCOLN MAN'S WILD ACTION
I. 1. Ilnaa.es t parts Ijbi Jb Pt. Ials
Hotel aad Jaraps from
( Window.
ST. I.OI18,' Feb. JT.-Whlle laboring
under Intense mental excitement or nerv
eusnesa P. T. Hughes, aged 28. from Lin
coln. Neb., began throwing furniture
around in his room on the third floor of the
Comfort hotel today, finally overturning a
lighted lamp and starting a fire. Hughes
and J. A. Courtney, SS years old. superin
tendent of construction at the Missouri
Pacific, hospital, who also occupied a third
floor room, jumped from windows to es
cape tha flainea and were picked up with,
fractured attulls and are in' a critical con
dition. The fie roes were extinguished with a
losa of 2,i0. There were 13 other guests
In the hotel, but none was injured. '
H'lghea arrived Saturday. He kept
4u,T7.i w h .win hiiui luuwy, wnen ne
suddenly became greatly excited and made
i. hols. . When a chambermaid went to
hla dooriand told him to be quiet, he told
her to get away or he would harm her.
said ha locked his door and she, peer
ik through the keyhole, 'caw him hurl a
t'anted lamp on the floor.
R. B. Dyckman, clerk of the hotel, .was
serloualy burned about the face and bands
In fighting tha flames.
R. B. Dobson, a deaf mute, and Charles
Uelas, a cook, ran through a biasing hall
a ay to escape and suffered burns.
and Frince Kit el Frederick, the ,
second sun of tbe emperor and empress. ,
acre married at I o'clock this afternoon
in the chas;l of the palace by the court j
chaplain. Dr. Dryander. Ralti was falling '
on the chuirti dome, but the Inside was lit
by hundreds ot candles, showing the deli
cate costumes or uniforms of about GOO !
persons belonging to the royal families of
Germany or the prihclpal nobility, the cab
inet ministers and a number of generals
and admirals. Ambassador Tower and
Mrs. Tower were preseut In the diplomatic
circle.
JAIL FCR CHICAGO PRINTERS
Mlttlml lasaert for Mea Derided lo
Re la Contempt of
Caart.
DIVISION OF THE LOOT
Government Benches an Interesting
Point In the Greene and
f.aynor t'nse.
SAVANNAH, Ga.. Feb. 27.-The Introduc
tlon of documentary evidence designed to
show the division of "loot" by Greene, Gay
nor and Carter, engaged the attontloti of
the' Fulled Statrs court In the trial of the
conspiracy case today. Considerable prog
ress was made. In a statement Distric
Attorney Erwln explained how the money
was divided by the defendants according
to the government's contention, and said
that to hide the division In thirds an ac
count was kept In the name of William T
Gaynor. The John and William T. Gaynor
accounts, he said, were interchangeable
the William T. Gaynor account beins used
ns a blind. Mr. Erwln said It would fie
shown that William T. Gaynor received
11,0'ti a month as superintendent of th
work.
Hanqaet tor Future Uorrraor.
MANILA, Feb. 27. At Jolo, the capital
city of the Moms, u monster banquet will
be tendered by the resident Americans I
and Filipinos to future Governor James F.
8mith, on the eve of his departure on a
six months' vacation by way of Europe,
all. Including the radicals, uniting In tbe
exhibition uf a better understanding.
Tarouva tioes to Dry Dork.
GIBRALTAR. Feb. 27 The I'nlted States
cruiser Tacoma sailed for Las Palmas,
Canary Islands, today to join the dry dock
Deary.
FIVE MEN BADLY .BURNED
Rsplosloa of fiasollao Lamp la 4 or
rldor of Jail at Untts, Okla.,
Works flavor.
I-AWTON. Okl., Feb. 27.-Five men were
burned, two fatally, by the explosion of a
gasoline lamp In the corridor of the couuty
jail today. The Injured:
John Jamison, hydro-carbon operator, fa
tally Andrew Fitawater, prisoner, fatally,
fcherift C. C. Hammond.
Itrputy Sheriff Homer Hamtnond.
Deputy Sheriff 8. A. El rod.
Jamison was In the act of hanging tho
lamp when the explosion occurred. His
Hughes had been taken from his burning I clothes and those of Fltswaler avre cov
room when he broke - from the rescuers
and ran Into tbe flamra and a moment later
iuad4 from a window.
cred with gasoline and Instantly Ignited.
They were horribly burned before aid could
ia.U them.
CHICAGO. Feb. rr.-Mittlinl for the In
carceration of President Edward Wright
and Edward Bessette of tha Typographical
union were today given to Sheriff Barrett
for service.
The men telephoned the sheriff that they
would surrender during the afternoon.
Both men were sentenced to thirty days
In jail for violation of an Injunction re
straining them from interfering with non
union men employed in the shops of the
members of the Chicago Typothetae.
When Wright and Bessette surrendered to
the sheriff this afternoon their attorney
went before Judge Walker of the circuit
court and petitioned for a writ of habeaa
corpus. Tha petition for release attacks the
jurisdiction of Judge Holdom to hear tho
contempt case against tha two men while
tha validity of the original Injunction re
mained to be paased upon by the appellate
court.
The argument mill be continued before
Judge Walker tomorrow morning.
Pending a decision In tha proceedings the
two men were allowed to go to their homes
In the custody of a deputy sheriff.
BUSCH WEDDING SATURDAY
Daashter of St. Loals Brewer aad
Lieutenant feharrer Will Re
Married la Los Angeles.
PASADENA. Cal., Feb. 27. According t
a formal announcement which has been
made nf the plans of the wedding of Miss
Wilhelmlna Busch and Lieutenant Ednuard
Scharrer, the ceremony Is to lie performed
next Saturday afternoon at 4 i o'clock at
the Church of the Angels near Gravauend
It will be followed Immediately by a recep
tion In the Busch winter residence In thi
city from I to I o'clock. There will be few
guests Invited.
SIX KILLED, TWELVE INJURED
Awfal Explosion la Mlao of Little
Cahaua f oal Campaay at
Piper. Ala,
BIRMINGHAM. Ala., Feb. I7.-EIX men
were killed and twelve no badly Injured j
that moat of them are expected to die be- '
fore morning by an explosion in Llttla '
Cahaba mine No. I at Piper, Ala., at 4 j
o'clock this afternoon. Tha mine Is owned '
by the Little Cahaba Coal company. De
tails of tha explosion are unobtainable to
night, aa wire service to tha little salUe
ment is meager.
NEW LOCATION
The Business Office
NEBRASKA WEATHER FORECAST
Fair W ednesday ana Warmer la F.ast.
era Portion. Thursday Fair la F.a st
ern. Rain or Snow and Colder la
Western Portion.
Temperature at Omaha Yesterday
Hour. Drs. Honr. De.
a. m t p. vn ff
"a. m t. X p. m SB
T a. tu in a p. m
"a. m go t p. m H4
a. m sa n p. m a.1
1 a. m 2tl n p. m JM
II i. a, '2 T p. m JIO
IS m jm n p. m SO
9 p. m 3U
MRS. COREY SEEKS DIVORCE
Wife of Meel Mnanate Joins the
Colony at gloax Falls,
S. n.
SIOCX FALL8. S. D.. Feb". t7.-(Speclal
Telegram.) Another celebrity has been
added to the Sioux Falls divorce colony In
the person of Mrs. William Ellis Corey,
wife of the head of the Steel trust. Mrs.
Corey, accompanied by a woman companion,
arrived lii Sioux Falls this afternoon from
the state of Nevada, where she has re
sided since the trouble arose between her
self and Mr. Corey over the attention the
latter was alleged to be paying to a well
known actress. When Mrs. Corey arrived
here she went at once to the suite of rooms
at the Cataract hotel which she had en
gaged by telegraph. She registered aa Mra.
A. W. Kellogg and companion of Nea- Tork
City. 8lie refused to see a newspaper re
porter and would make no answer to a note
asking If she would admit or deny that she
was Mrs. Corey.
Mrs. Corey has remained close In her
apartments since her arrival, but her com
panion spent some time this sfternoon at
the telegraph stand at the hotel sending
messn gs.
8hortly after her arrival Mrs. Corey had
VOTE ON STATEHOOD
Senate Acreea to Take Final Action on Bill
Friday, March 9.
HOPKINS
AND FORAKER CLASH
r- n.ed to deny or admit that Mrs. Kel
i.r.n and Mrs. Corey were one. H Is
learned, however, on the best of authority
that they are the ame person.
OP
THE OMAHA BEE
Will Haraaftar Ba la tha
Ground Floor Corner
THE BEE BUILDING
Seventeenth and Farnam Sts.
tiled an appeal to me I'nlted bates circuit
court of appeals, and the appeal bond waa
fixed at o.uU, wilh Thomas ti. McPherson
and 'JtrtvjT Kuactiwf-Bo u th Onmaa.-aa art''
ties.
Only One Point to Pass On.
There remained but one point in tbe mo
tion tor a new trial lo be disposed of, and
that was lu reference to. the point bearing
upon the statute of limitation. Judge Mun
ger said. In eflect;
"It is true the court failed lo give the
jury any Instructions regarding the statute
of limitations. However, tho evidence
showed the offenses were committed within
the statute, and for that reason tbe mo
tion must be denied as a whole."
The defenduut was then linked If he had
anything to say why sentence should not
ba pronounced. Attorney Henry Frawlcy
of Iiendwood arose and addressed the court.
He said:
Recognizing tht inevitable duty of the
court, we. rrspectlully ask that your honor
will find It possible to eliminate from this
judgment the juJgment of Imprisonment.
Wo ask this not merely In our own behalf.
but In behalf of the petitions that have
been sent you from the Block Hills. Some
of the petitioners are known to you, and
they comprise some of the best and noblest
citizens; many or these petitioners are
persons of more than local fame, more
than the stale of South Dakota fame.
They represent our great educators, church
men, lawyers and business men. Aside
from these comes the petition of two of
tne daughters of our .client from across
the sea, where they are being educated
but no more earnest petition comes to you
than this from his devoted nnd faithful
wife. Tour honor, I trust and hope, may
find It in his heart to so modify this Judg
ment jtnd still impartially discharge the
duties that devolve upon him at this sol
emn moment. 1 cannot say more, nor
would I cHro to say let-s."
Rash Addresses tbu Court.'
The court then asked District Attorney
Goss If he cared to say anything. Mr.
(loss replied:
"Your honor, I have nothing to say, as
this rase was tried and disposed of before
I was appointed to the ofllce of district
attorney. Special Attorney Rush has had
charge tit the case."
The court asked Mr. Rush If he had any
thing to say. Mr. Rush arose and address
ing the court said:
May it please your honor, the' facta In
this case have been fully presented at the
trial of the case, and it would be out of
place for me to attempt anything, like a
review of the same at this ttine, but It
may not le Improper for me to suggest
that the sentence the punishment It In
flicts is tuai in which society is most con
cerned and to the end that the offender
against the law may be justly punished,
and that such 'punishment shall operate io
deter others from a like offense. To de
termine what Is a just punishment is al
ways a serious question for tho court aloii6
to determine. However, as an aid to im
partial Justice, courts are enjoined by law
to hear the defendant In his own beh.i.f
before sentence, Is pronounced. The prose
cution may likewise be- heard, and in this
connection permit me to say that the cir
cumstances surrounding the commission .-f
a crime are always a proper subject ot
Inquiry to determine the nature and ex
'tent of punishment to be indicted, which
by law rests In the sound discretion of
the court.
-If the crime Is committed In the heat of
passion, unattended by deliberation, vj
lence or the commission of other offenses
to accomplish the same, these are circum
stances that we usually urge In extenua
tion. So where conspiracy la entered into
to defraud the I'nlted States of a smill
sum ot money and In pursuance thereof
a claim la presented unattended by perjury
or other offense, a proper punishment in
such a case might be much le.s than the
maximum of two years imprisonment, pro
vided by law. Or as In the case of the
defendant Welch, wno received a senlenca
of six months for his participation in this
conspiracy aa originally formed, but was
later drawn into It for the purpose of
securing L commission on each entrymm
wliich h procured; and that while a de
fendant Is not on trial for any charge
other than that charged In the indictment
yet the surrounding circumstances involvl
Ins the commission of all offenses Is ,,.
ually taken into consideration by the court
in pajisina Kviiioukx?. oui wner. aa In
PACKERS NOT UNDER OATH
Matter of Swearing to Statements
Given to !perlnl Agents Waa
Opttonnl.
CHICAGO. Feb. 27. Evidence was Intro
duced by the government today to show
that the matter of testifying under oath
or not during the Investigation conducted
by Commissioner Garfield had been left to
the packers themselves. It waa claimed by
District Attorney Morrison that this proved
that the packers were not under compul
sion when they gave their information to
the agents of the government.
The evidence relating to the packers de
clining to give evidence under oath was
submitted In the shape of a telegram from
Special Agent Durand to Commissioner
Garfield, in which it was said that A. II.
Veeder, counsel for Swift and Company,
and himself now under indictment in con
nection with the case, had advised the
members of the firm of Swift and Com
pany not to glvo evidence-under oath, as
ft liilghf fate? be used against them.
The examination of Commissioner Gar
field waa concluded in the afternoon and
Special Agent Durand followed him on the
stand.
The greater part of Mr. Durand's evi
dence today relhted to letters which passed
between him and Commissioner Garfield.
GRAND JURY IN MASONIC HALL
Precautions to Prevent Disclosure of
Evidence In Uteuneuhera;
Murder Case.
BOISE. Idaho, Feb. 37. No date hus yet
been set for the grand Jury at Caldwell
to take up the Investigation In the Steun-
enberg assassination, the attorney asso
elated In the case taking every precaution
to keep this fact secret among others.
It was rumored today, however, that the
grand Jury had all Its work cleaned up
and would be ready to take up the nasas
filiation. There was another rumor that
the grand jury had already ' considered
these casea without that fact having be
come generally known, but this Is not be
llcvcd, as Harry Orchard and other wit
neases against Moyer and Haywood havo
not been taken to Caldwell to testify.
The Masonic hall at, ('aid well has been se
cured as the place for the Jury dcllhrra
lions. This Is a precautionary measure to
prevent disclosure of the evidence brought
onit before the Jury. The rules of the state
penitentiary have been' relaxed somewhat
to give the suspects In the case more lib
crty of action.
Amendment of Ohio 8enator Denounced as
; Insidious and Daneroua.
STATEMENT IS HOTLY RESENTED
Mr. Hopkins Finally Withdraw! the Word
Insidious.
GENERAL DEBATE ON INDIAN BILL
Prorlsloa for Mala at Coal Iliads
of Five Civilised Tribes
la Attacked by Mr
Bnlley.
WASHINGTON. Feb. SJ.-Tha senate tu.
day agreed to vote on thu statehood bill
before adjournment on Friday, March .
The proposition to take the vote at that
time was made by Mr. Beveridgs and
there was little difficulty In reaching an
understanding. Tho suggestion immediately
followed a speech In support of the bill by
Mr. Hopkins, during the course ot which
Mr. Mule suggested that tha territories
were not prepared for statehood and sug
gested that their admission be deferred.
The remainder of the day waa devoted
to the discussion of the bill providing for
the settlement of the affairs of the five
civilised tribes of Indians, the major por
tion of the time being given to the pro
vision for the disposal of the coal lands In
ndlan Territory.
Mr. Clay had presented and read a pro
posed amendment to the railroad' rate bill
which makes It unlawful for common car
riers to own coal or oil lands, to deal In
coal or oil, to attempt to monopolise tho
trade In those commodities or to control '
their price. A penalty of imprisonment
from one to three years Is provided.
Hopkins and Foraker Clash.
Mr. Hopkins then addressed tha senate
n support ot the statehood bill. He said
the entire country waa profoundly inter
ested in the proposed admission of two
new states and made an appeal for a rati
fication of the action of the committee on
territories In recommending the consolida
tion of tha four territories of New Mexico,
Arizona, Oklahoma and Indian Territory
Into two atates. He especially urged the
wisdom of Joining Arizona and New Mexico.
In the course of bis remarks Mr. Hopkins
referred to the Foraker amendment giving
Arizona a separate vote on the question of
admission as "Insidious and dangerous,"
but when Mr, Foraker objected to the .
language the Illinois senator withdrew the
word "Insidious." What he had meant to
any was that the adoption of the amend
ment would not only accomplish the de
feat of the object of the pending hill, but
would ultimately result in the admlsslou
of Arixnna aa a separate state. Mr. Fora
ker. admitted itrn, he hoped tv.sea both '
New Mexico and Arizona admitted ga sep
arate atates at some time in tha future.
Mr. ' Hopkins discussed the charge that
the railroad and mining corporations of
Arizona were standing in the way of the
union of that territory with New Mexico,
and when Mr. Dubois asked soma ques
tions on that point Mr. Hopkins replied
that those two Interests "dominate the
legislature of Arizona" and he added the
opinion thnt the union ot the two terri-
DOUBLE MURDER IN KANSAS
Mr. nnd Mra. Will Arnold Found with
Thronta Cut at Brother's Home
In llerrlnglon.
IIERRINGTOX. Ksn.. Feb. I7.-W1U Ar
nold and his wife were found with their
throats rut at Engineer II. H. Arnold's
home here this evening. The husband waa
dying from his wounds when discovered, i 'hen Mr. Bailey took the floor.
The body of the wifo Indicated that she
had been murdered several hours before the
discovery. Will Arnold is a railroad man
who came here a short time ago from Rock
Island, HI., and has been working at Mc
Farland. His wife had been staying here
at the home of Ilia brother.
4Coottnued oa Second Pag
PAGEANT OF MYSTIC KREWE
Climax of
Grass
Proeeaaloas
(aralval at
Orleans.
la Mardl
Sew
NEW ORLEANS. Feb. I7.-The climax of
tbe processions rame toiuht with the
pageant of the Mystic Krewe of Comus,
which drew into the streets the greatest
throng that has ever witnessed a carnival
parade here. Com lis selected ' "The Mas
que," by Milton, as his subject of represen
tations, and the principal themes of the
poem were Illustrated In twenty gorgeous
floats. A brilliant ball at tbe French opera
fc Mowed the parade.
torles as one state, would have tha effect
of minimizing the evil.
Mr. Carter made the point that under
congressional control It would be easier to
accomplish that result In a territory than
Ir. a st me.
Mr. Hopkins replied to this. point with a
general exposition of conditions In both
Arizona and New Mexico, not altogether
favorable to those territories. This state
ment brought Mr. Hale to his feet with the
Inquiry "whether it Is not logical to con
clude that territories should not 'be ad
mitted at all at this time." He added that
he did not want to be understood aa Indi
cating a purpose to vote against the bill,
but that It seemed to him that it would be
wiser to permit the two territories to re
main as they now stand.
When Mr. Hopkins concluded Mr. Bover
Idge presented a proposition for an agree
ment to vote on the statehood bill on
Thursday, March I.
After further debate the data of the vote
wss fixed for 4 o'clock Friday, Marsh o
Debate oa Indian BUI.
The Indian settlement bill was then taken
up and Mr. Aldrlch suggested that in view
of the importance ot the subject Involved
and the lack of Information on the part of
the senate, the whole matter should be de
ferred. He urged the adoption of a resolu
tion extending the tribal government until
June 4, 1wii6. and asked for the Immediate
consideration of this resolution, but Mr.
Ppo"ner objected and It went over until
tomorrow.
The resiling nf the bill was proceeded with
until the provision for the. sale of the coal
lands In Indian Territory waa reached.
He ex
pressed the opinion that the land should lx
held for the education of the Indian child
ren, saying the Income would be sufficient
to give a university education V all tha
Indian children In Indian Territory. Hg
thought this disposition would be preferablg
to permitting the lands to become tile prof
erty of the railroad company aa they wof
likely to do. He quoted a recent decision of
the supreme oourt to show that roads carry
their own coal more cheaply than they do
those of other vendors. .
A number of motions or amendmenta warn
submitted, but the senate went into execu
tive session at (:X7 p. in. without disposing
of any of them, and at 6:37 adjourned.
Movements of Ocean Vessel Feb. 27,
At New York Arrived: Astoria, from
Glasgow; Wurzburg, from Bremen; Rotter
dam, from Rotterdam. Sailed: Caronia, fur
Naples: Furnessla, for Glasgow.
At GibraltarArrived: Celtic, from New
York.
At Genoa Arrived: Nord Anierlka, from
New Tork.
At Alexandria Arrived: Moltke, from
New York.
At Christlanla Bailed: I'nlted States, for
New York.
At Bremen Sailed: Wltteklnd. for Balti
more. Arrived: Kaiser Wllhelm II, troin
New Tork. ,
Al Hamburg Sailed: pallaza, for New
York.
At Antwerp Arrived: Kroonland, from
New York.
At Mverooot Balled: Lk Etit, tor St.
John. N. B.
MILITARY MATTER IS HOI SE
Hunk of I leutenaut Ueaeral Stricken
from Army Dill.
WASHINGTON, Feb. 27.-Mllltary mat
ters held the attention ot tha house today,
the army appropriation hill being under
consideration for amendment. That Gen
eral Corbln ,and General MacArthur might
become lieutenant grnerals, tbe provision
In the bill abolishing that rank waa elimi
nated on a point rf order raised by Mr.
Orosvenor of Ohio, who aubstltuted an
amendment to abolish the grade after
these officers had been promoted, but this,
too. rtiet defeat.
Members of the appropriationa commit
tee disputed the tight of the military com
mittee to appropriate for an apparatua fur
fire control of field artillery, but without
succc Only eight of tha fifty pages of
the l.. were passed upon when th house
ad.'ourned.
The house piised the laUll hill char
tering the Lake Eric . Ohio Ship Canal
company, with an auUiorisuA if
MOW,,