The Omaha Daily Bee.
NEW LOCATION
THE BEE BUSINESS OFFICE
Ground Ploor Corner
Ths Bet Bslldlar 17th and Farnim
HEWS SECT101
PfiCS 1 (3 B.
ESTABLISHED JUNE 19, 1871.
OMAHA, SATURDAY MOltXlNO, MARCH 17, 1 DOG SIXTEEN PAGES.
SINGLE COPY THREE CENTS.
FILIBUSTER IN HOUSE
Bill Abolishine Grade of Lieutenant General
Gome Up Unexpectedly.
WRANGLE LASTS FOR OVER THREE HOURS
Adjournment Finally Taken on Account
of Absence of Quorum.
SHACKIEFORD'S COMPLIMENTS TO CANNON
Missouri OonseMman Makes Violent At.
tack on Speaker of the House.
SILENCED BY OBJECTION FROM TAWNEY
RrprMfnlatiTf I)nfM H
Call drill'" P Which Speaker
Absolutely Controls "All BI1U
Before Congress.
nr iauTVrtTnv M.rrh 1 fi For an in-
mailt in the house today there was a lapse
In the vigilance of tho!e wh have been
on guard to prevent legislation which would
lake away the rank of lieutenant general
' In the army, and the chances of Generals
Corbln and MacArthur for promotion.
Mr. Prince of Illinois, whose bill abolish
tn the grade In question Is the regular
order of business under call of committee,
slipped Into the legislative breach. There
was an Immediate call to arms on both
mm and for three hours the friends of
th generals filibustered against the bill.
The net result was that the previous ques
tion Is ordered on the bill and an amend
1 ment is pending, having been offered by
Mr. Grosvenor of Ohio, which extends the
time tf the operation of the bill so as to
allow the promotion of the two officers
named. On this amendment the house was
voting, but without a Quorum, when ad
"Inurnment was made until Monday, when
ths vote will be completed. At present It
tands 7 ayes and 83 nays on the amend
ment. Previous to this, the first real fill
buster of the session, there had been four
hours of debate on the legislative bill. xr.
Shackelford opened the program with
ever criticism of Speaker Cannon, which
be was not allowed to finish. Then fol
lowed a somewhat lively debate on the ap
proprlatlon bill.
Land for H libber Company.
Before proceeding with the legislative bill
the house today considered a bill permit.
ting the leasing of 6.0U0 acres of arid lands
in La Plata county, Colorado, to the ''P. F,
tf." Rubber company for the purpose of the
cultivation of the rubber plant.
Mr. Brocks iColo.) explained that ther
iv. was evidence of a rubber famine in this
country; last year ;6,ouu,n)0 pounds of rub
ber was Imported, and that the price had
increased 3n0 per Cent during the last three
years. The land In question, he said, was
unfit for agricultural purposes and had no
mineral value.
. Mr. Gulue (Tenn.) proponed (in amend
CHARGE DOCTOR WITH MURDER
XaahTlIle Man Arcane on Clreum-
ataatlal Evidence at Killing;
Wife of Barber.
NASHVILLE. Tenn., March 16. Dr. Her
man Feist was arrested here today, charged
with murdering Mrs. Rosa Mangrum.
whose body was found floating In the Ohio
river at Cairo, 111., six weeks ago, she
having left Nashville December 14. last,
ostensibly for a visit to St. Louis. Feist Is
prominent In Nashville and his arrest
caused a sensation.
Mrs. iMunurum mas. the wife of a barber
here. The couple had many difficulties and
last summer Mr. Mangrum said he would
visit relatives In St. Louis. Mrs. Mangrum
was the possessor of considerable money
In her own name. Her beauty, as well as
her1 gowns and Jewelry, were much ad
mired. When the body was found the
clothing had not been disturbed and the
decedrnt's money and Jewelry were still
on the body, 'but according to those who
saw the body there were evidences of finger
marks about the throat.
The detectives who made the arrest claim
to havo a large batch of circumstantial
evidence against Feist. Dr. Feist, it la
said, borrowed money from Mangrum, and
It Is claimed by those Interested in his ar
rest that the doctor was seen with Mrs
Mangrum on the afternoon preceding her
disappearance.
The warrant, which charges Feist with
robbery and murder, was sworn out by the
decedent's brother.
Bv aareemcnt between attorneys for
prosecution and defense. Magistrate Cald
well, without the hearing of evidence or
dered the prisoner's appearance before the
county grand Jury. Ball, which was fixed
at JJO.OOO, was furnished and Dr. Feist was
released from custody. An enormous crowd
surged from tho magistrate's court room
and out into the street during the pro
ceedings and excitement ran high when J.
E. Mason, the aged father of tho dead
woman, made an attempt to attack the
prisoner. The old man was removed from
the room by an officer and the prospects
of others aiding him fled when the officer
drew his revolver and the crowd fell back.
O'HEARX - ACCUSES NELSON
Man on Trial for Lausten Murder Bays Hia
Fal Did It.
WARREN TESTIFIES. FOR THE DEFENSE
tomlr Attorney Wants to Pnt oa
Xelaoa Again ia Bebnttal
Argument oa Both "Idea
Starts.
Jay O'Hearn yesterday told the Jury Raj'
mond Nelson and not he, killed Nels Laus
ten. Joe "Warren, while not testifying that
NEBRASKA FOREST RESERVE.
President Sets Aside a Large Traet
la tiraat aad Arthur
Counties.
(From a Staff Correspondent.)
WASHINGTON. March 16 iSpecinl T l-
...
gram.) The president, upon i
mcndatlon of Forester Plnchot
to set apart 104,170 acres of the
In Grant and Arthur counties,
as a prospective forest reserve.
are devoid of forests and fit only for
erasing. It Is, however, the intention of
the forest service, through the planting of
pine and other varieties of trees, to even
tually convert this section of Nebraska
Into valuable commercial timber lands.
HEN WHO SHOT F. S. CLARKE
Cal Wain and Harry Clark Said to Be the
Guilty Fair.
COVPI AINTCTO BE FILED BY COUNTY
,):..- A I'M-"
tMi"illl "H'ltf 'I'M t Attorney's Office Had
Nebraska,
The lands
GREAT FLOOD IN CALIFORNIA
Kings and San Joaqntn Rivers Are on
Rampage and Laying; Waste
to' Vineyards.
FRESNO, Cal., March i6. A storm of un
precedented severity has been raging for
the last sixty hours and the region between
the Ban Joaquin and Kings rivers is threat
ened with the greatest flood In years. The
fall of snow in the mountains exceeds all
records.
Telephone advices from Pine Ridge, which
Is at the 5,000-foot altitude, say already over
twelve feet of snow has fallen, and at the
summit the depth is said to be over twenty
two feet. Both the Kings and the San
Joaquin are above the -danger line. The
residents of the Garfield vineyard districts,
northwest of Clovls, worked all night In a
blinding rain, building - levees, but their
work went for nothing when a huge over
flow wave went sweeping through that dls
ment tt prevent "the rubber trust from ,rlct this morning. Fancher creek, flowing
gettlhg Control of the enterprise. j outh of Fresno Into canals of the Fresno
Itt. Shaokleford, Oto.)- w. given .per, rrricaflon-Canal coiripaur;' 1 beyond con
mission to discuss the bill and begsn to troi and i. loving waste vineyards. Already
Nelson killed I-austen. corroborated the This work will be accomplished, the forest
dofenses line of argument that O'Hcarn service hopes, through the establishment
had a 3S and not a ai'-caliber revolver such ot government uurscries for the rropaga-
aa the one with which Laustcn was killed "on of seedlings which will be scientifically
and also that Nelson had sought to Induce planted on the waste lands. At present
Warren and Leo Angus to agree to turn 11 "a'd he 'and withdrawn by the prest
state's evidence aaainst O'Henrn. The de- dent s proclamation furnishes grailng
fense rested Us esse and the state and
defense had an Inning each at argument.
The state will Introduce more testimony,
probably today.
Portions were of Warren's and Angus'
statements made to the police when they
were arrested, were admitted In evidence
Wednesday. In' these statements both pris
oners confirmed Nelson's version of the
shooting, which all along has been laid at
the door of O'Hearn.
Jay O'Hearn, pale and blear-eyed from
the exciting incidents of Thursday night
and the consequent loss of sleep, went on
the witness stand Friday morning and for
the first time, told his version of the shoot
ing of Saloonkeeper Nels Lauslen. As was
anticipated, his story Implicates Raymond
Nelson as the one who fired the fatal shot.
and he denied the truth of those part of
the statements of Warren and Angus and
the testimony of Nelson pointing toward
him as the murderer.
Mrs. O'Hearn Testifies.
While O'Hearn showed traces of a sleep
less night his nerve was steady all through
the hour and forty minutes he was under
examination. He was followed on the
stand by his wife and then by H. B.
Fleharty, one of his attorneys. After Mr.
Fleharty had left the stand Mr. English
announced the defense had but one witness
more and asked that an adjournment be
taken until after dinner. The witness ia
Joe Warren, one of O Hearn'a co-defend
ant a
O'Hearn said he had lived nineteen years
ia South Omaha and had made the ac
quaintance of Raymond Nelson the day
before the murder. The day of the murder
be, Angus and Nelson came to Omaha af tor
making the rounds of saloons in South
project before the senate committee on ln-
teroceanlc canals today.
After devoting practically all day to a
Omaha. Afterward Nelson left then ,.,. """' of the Gatun dam plans. Mr.
Ing he was going to Council Bluffs to get
a gun as he was afraid to get one in
Omaha, as he was so well known. Angus
went with him and O'Hearn went to the
U. 8. restaurant, where he worked. After
dinner he and Angus went to the Krug
theater and later met Warren and the
three drank at several saloons until about
o'clock when he went back home.
Why Ho Had aa Alias.
In response to a question, O'Hearn ex-
eritlclse Speaker Cannon regarding the
statehood -question. He was stopped be
fore he had proceeded far and the ob
jection was fatal to further consideration
of the olll. lief ore referring to the state
hood matter, Mr. Hhac;.;rto: d hftd this
to say about the nuiin. r in which Mr.
II rooks got h.s Ml! i: :
'The gentleman .. . . . ..' l until
he liai tirit f.i.i..i. . .. , i ijti nul
rights as u represent.... k.i "i ii..' pr',n' and
crept Into jour ii..i . ..i. ..... .weaker,
there to supplicate jo.i i i , nd io mm
your grace.
No member tan i uhnut any matter to a
vote of the house until ne vnnil hist have
sought and found favor In nur bight.
The constitution contemplates tnal the
speaker shall be the servant of the house.
In delinanoe of the constitution you havo
inado yourself Its muster. Tou have
packed every committee so that no bill
can be reported without your consent. Un
less you are willing no member can move
to discharge a committee from the con
lderatiou of a bill and take it up tn the
house.
You alt an enthroned despot, subjecting
the rights and destinies of this great peopl
to the dictates of your own unbridled will.
Who stands today between a progressive,
enlightened people and the statehood to
which they are entitled? You, air. Only
you. You crack your whip and a majority
of this house cowers at your feet. You
turn your thumbs down and the house deals
a deathblow to prostrate, bleeding Okla
homa. ".
. Here Mr. Sliackleford sold he had read
in the morning papers that "Uncle Joe" had
given It out flat-footed that he would hot
permit the housi to concur in the senate
amendment on the statehood bill and then
proceded: "What a horrible announcement
to be made In a free country."
The confusion in the house throughout
Mr. Bhaekleford'a remarks was such that
few members knew what he had said, when
Mr. Tawney stopped him with an objection.
Hot words between Mr. Littlefleld (Me.)
and Mr. Crum packer, (lnd.) constituted the
climax in a general criticism of growing
appropriations - recommended - by the
former.
Previous to this colloquy u running debate
dn the republican side had thrown light
on the nine house committees on expendi
tures tn tho various departments, The re
sult as pointed out by several members
showed that there should be a change In
the rules making it the duty of these com
mittees to muke an investigation each year
ef the manner In which appropriations are
expended. General debute will be con-
eluded at 1 o'clock on Monday.
V Lleatenaat General Bill.
Mr. Prince till.) at once endeavored to
wet up tho bill abolishing the rank in the
army of lieutenant general. A motion to
adjourn was voted down, and the point of
no quorum being ralhed the doors were
locked and the roll culled on the motion to
consider the bill.
8iim delay was caused In securing a
quorum. It required, according to Speaker
Cannon's tdiu, It3 to make a quorum; YJi
had respomUd and Mr. Olmsted was being
Indulged to make an argument to show
that, inasmuch aa one member had died,
ins resigned and two had not been s-.voni
In, a qti'irum was present, when Mr. Byrd
) Miss.) arrived and settled the argument by
ancMciUig the loll call. The speaker an
nounced the vote to be 110 la favor of tak
Ing up the bill, 32 against and 21 present.
. Mr. Urusvenor, as soon as the bill was
read, offered an amendment providing tint
the offlue should not be abolished until Oc
tober J next, which he said would permit
of the promotion of both Generals Corbin
and MaoArihur.
Mr. Vtlhi opposed this amendment,
which on a rising vo.a was defeated 79 to
Mr. Grosveivor at once made the point
that no quorum tu present, whereupon
ths roll was railed on the amendment. The
amendment again had a minority or the
votes-77 to M and 1 present: ftlll no
auorum.
Mr. Payne at on-e moved an adjournment
miles of land are covered with five feet of
water. ....
After a night of terror the 800 people of
Lnlon. on Kings river, this morning moved
In a body , to the grade of the Santa Fe
railway., The levees about the town, which
are sir feet high, were beginning to over
flow and advices from the mountains were
to the effect that still greater floods were
coming.
Numerous bridges are being washed out
in the northern colonies. Both the Santa
Fe and the Southern Paolflo report num
erous wsshouts and train service demoral
ised.
BRAWN'S SUCCESSOR IN DOUBT
Prealdeat Authorises Statement
guarding; tho Pending; Change la
Federal Supreme Coart.
WASHINGTON. March 18. Secretary
Taft was in consultation with President
Roosevelt for some time today.
President Roosevelt later authorized the
issuance of the following statement regard
ing the sucoessorshlp of Judge Brown In
the supreme court of the United Slates.
As Mr. Justice Brown will not retire un
til June, when the supreme court will take
a vacation until the second Monday In Oc
tober and no public inconvenience can arise
from a vacancy continuing through the
vacation, the president will take further
time to decide the question of Mr. Brown's
successor. Several names, including that of
Secretary Taft. have been under -onaldera
tlon, but no conclusion has been reached
or Is likely to be reached or announced In
the near future.
Secretary Taft went to the War depart
ment for a few moments before the meet
ing of the cabinet. When asked his lnten
Hons he directed his Inquirers to the state
ment issued from the White House Baying
that that was the expression of the preul
dent's views and that his (Taft's) llis were
sealed; all that he could say was that the
matter was Indefinitely postponed.
ground for some 1,8"0 head of cattle. This
withdrawal will not Interfere for some
years with such grazing privileges as are
now possessed by cattlemen.
.Senator Millard said today he had re
ceived a donation of $500 for Tabor college.
Iowa, from a Massachusetts philanthropist.
who did not desire his name to be men
tioned. It Is understood thin donation Is
the result 'of a speech Senator Itsjrkett de
livered before a Chautauqua meeting In the
Bay state some time ago. The draft will
be forwarded to the proper officials of the
college.
Upon the recommendation of Congress-
man Norrls. Dr. C. C. Copeland lias been
appointed pension examining surgeon at
Beaver City, Neb., vice Dr. F. A. Brew
ster, resigned.
Representative Bartholdt of Missouri and
former Senator J. M. Thurston addressed
tho house committee on Judiciary today In
opposition to proposed legislation for the
regulation of the interstate shipment of
liquor.
STEARNS FAVORS LOCK CANAL
Boston Engineer fays Sen Level
Channel Is Better If Cost and
Time Are JSot Considered.
Sufficient Evidence to Warrant
Holding Flury Prisoners
for Banker's Assnnlt.
Did Calvin Wain and Harry Clark, the
colored prisoners held on the charge of
shooting Edward Flury, shoot Frank N.
Clarke two weeks ago at Nineteenth and
Chicago streets?
I)eputy County Attorney Shotwell an
swered that question Friday morning by
saying' his office had sufficient evidence
sgalnst Clark and Wain to warrant filing
complaints, against those two men on the
Clnrkecuse.
It Is no secret that the authorities do
not want to make It known at this time
that Clark and Wain are even suspected of
thtf Clarke affair, as it would but add fuel
to the flames to divulge such Information.
The deputy county attorney stated Fri
day morning that were It not for the Flury
rase a complaint would be men againni
Clarke and Wain, - charging them with
holding up and shooting Frank N. Clarke,
on the strength of what Clarence Oath,
right has offered.
As a matter of fact. Mr. Clarke told the
police officials he could not swear whether
his assailants were white or black, but
It is understood Oathright has told on his
companions.
II was stated that complaints will be
filed at South Omaha Saturday morning
against Gathrlght, Clark and Wain.
MIHDER COMPLAIST ABE FILK1
Clark. Wain nnd Cinthrlght to Be
Arralajned at Early Date.
Complaints were sworn out against Harry
Clark,' Calvin Wain -nnd Clarence Gathrlght
yesterday afternoon, charging them with
the murder of Edward Flury. Chief Brlggs
laid the case before County Attorney 81a
baugh and on his advice the chargo'of mur
der while committing a robbery and murder
In the first degree were made the two
counts of the complaint. This morning the
complaints will be filed before Judge King
and warrants will be Issued for the arrest
of all three of the men. The complaints
WASHINGTON. March !. Frederick P.
Steams, a Boston engineer, who was a
member of the Board of Consulting En
gineers that reported on the types of canal
feasible to be constructed across the Isth
mus of Panama, advocated the canal lock I are Identical In each case. On these war
rants the prisoners will be brought Into
court In South Omaha and arraigned and
allowed to make their pleas.
It Is thought likely they will waive the
THE BEE BULLETIN.
Fn recant
Warmei
for Nebraska Fair and
Pace.
1 Speaker Cnnnoa Given a Roast.
f'Hearn elaon Did Shnotlna;.
Flary Assailants Also Shot Clarke.
Many Killed In Wreck In Colorado.
1 Miners' Convention Down to Work.
evrs from All.Pnrls of ehrnka.
SnotvslMea Frequent In Mountains.
4 Third Ward Boomer Is Retired.
Womnn In Club and flinrlty.
It St. Patrick's t)y One Year Ako.
O Flnnnclnl Review of the Week.
Antl-Semltlo Aaltator Located.
T Affairs at Sonlh Omaha.
Captain Palmer Answer Charges.'
IO Kdltorlal.
11 Gossip Anions the Politicians.
W. C. A. Hustllna for Funds.
IS Commercial and Financial.
IB Conn -II Bin IT a and Iowa Vm.
Temperature at Omaha Yesterday!
Honr. Ilf. Ilonr. Dea.
'" " I p. m 19
fl 2 p. m lft
T a. m...... T 3 p. m II
a. m 4 p. m in
"hi T K p. m 14
' n p. m IS
T p. m 12
U m 11 a p. m 9
p. m T
Stearns was questioned by the committee
concerning the difficulties of transforming
a lock canal to a sea level canal. He
thought a sea level canal preferable if
constructed 300 feet wide and if extra
time and money were not considered ob
stacles. He thought, however, that the sea
level proposed by the majority of the board
waa not equal to a lock canal. The cost
of Increasing the . width of a sea level
canal to 800 feet wide ha been estimated,
he said, at, $87,000,000 additional to tho $247,.
plained why he had gone under the name 00,000 estimated to construct, the canal.
WWMWV.1B..ISUU .jm jijBi. i recommended by -rtie majority.'
-oe iwo year's ago ana wnne there desired
w guu ti.Q va4i4ii . uuiun ui wiucn ms
brother waa president. As his brother was
known as Gilmwre he thought it best for
him to assume the same name. His union
card la in the name of Uilmore.
In the evening all four met at Twenty
fourth and F street and took several
drinks together.
"Leo Angus had the 32 caliber gun that crets
waa bought m Council Bluffs. I took It
from him because he waa too drunk to
have it in his possession. When we left
there I walked with Nelson and be aaked
me to let him have the 32 gun as he said
he preferred It to his own 38 revolver. I
gave it to him and I took his 38 gun. Later
1 saw him have the gun In his hand as
we were walking along Vinton street. He
was fixing th cartridges In the chamber.
Chairman Hepburn, chairman of the
house committee on interstate and foreign
commerce, is not satisfied with the Pan
ama canal heatings of the senate commit
tee, and hearings before the house commit
tee are not unlikely. William Nelson
Cromwell, Mr. Hepburn believes, should be
compelled to answer questions that cannot
properly be regarded as professional se-
preliminary examination. Clark intimated
as much In his conversation with the chief.
It may be, however, when he knows that
the charge will be murder In the first de
gree he will not be so anxious to waive
the preliminary. It may be done, however,
on the advice of his attorney for the reason
that every publio appearance of the three
negroes calls forth such a storm of indig
nation on the part of the citizens.
Chief Brlggs and Detective plsfelder de
clared yesterday that they left the safety
A . lien prisoners entirely in the hands of
the oWiaTia a jtkvVtUea Thursday! nlctit rand
that both went home and remained there
all night. The detective declared, however,
that he knew the statement that the pris
oners were concealed in the basement of
the Boyd theater was not rue, but that
they had been concealed In the New Tork
Life building. For the first time in a, week
the officers have been able to take their
usual beats on the streets.
.inilV DIE
It! WRECK
Head-On Collision Between Passeneer
Traini Near Adobe, OjIo,
TWENTY TO THIRTY-FIVE ARE DEAD
Debris at Onoe Takes Fire and Several
Bodies Are Incinerated,
OVER THIRTY PERSONS INJURED
Surrivors Tell of Awful 8ufferinsrs of
People Burned Alive.
FAILURE TO DEUVER ORDER THE CAUSE
Trains Meet on Sharp Carve During;
Blinding; Snowstorm and Thero
la So Chance to Avert
Accident.
rUF.HLO. Colo., Mnrch A wreck, ac
companied with horrors exceded only by
the Eden disaster, which occurred August
7, 1904, on the line of the same railroad.
resulted from a head-on collision of two
passenger trains on the Denver A Rio
Grando railroad, four miles west of Flor
ence, Colo., at an early hour this morning.
The trains were the Utah-California K.x
press No. 3. westbound from Denver, snd
the Colorado-New Mexico Kxpress No. Ill,
eastbound from Ieadville and Grand Junc
tion. They met on a sharp curve and were
less than 30 yards apart when the engi
neers discovered that a collision was Im
minent. It Is known that the engineer of
the westbound train put forth every pos
sible effort to bring his train to a stop, but
his efforts were fruitless and although he
succeeded In checking the speed of hia
train the crash that followed was beyond
his power to prevent and he went to hia
death with his hand on the throttle, faith
ful to his charge. This much Is vouched
for by his fireman, who, seeing the useless-
ness of remaining In the face of sure death.
Jumped and saved himself. Of the conduct
FATAL FIRE IN MICHIGAN
Fonr
Persons Lose I.Ives la
from Defective Furnace
kt Tuatln.
Blase
DULUTH STEAMER IS ASHORE
Csrthsaesa Goas oa Beach, bat Crew
Refuses to Leave, lloplug
to Float.
ATLANTIC CITY, N. J., March lti.-The
Burnegut life saving station reports that
steamer is ashore between Island Beach
and Toms river. Life savers have gone to
the asHlstance of the vessel.
The steamer is the Carthagena, Captai
W. 8. Muson. It halls from Dululh, Minn.
The sltamer bus signalled for a tug to take
off its passengers. It Is lying in an easy
position, taking no water and ia believed
to be only slightly damaged
The life savers who have Just returned
from the Carthugena report that the crew
of the siewner refuse to leave, believing
that it will be floated on the next high tide.
The sea ia smooth.
PHILADELPHIA. March K. Th wreck
ing tug North America sailed from the Del
aware breakwa(er this morning for Island
Beach. The tug will endeavor to float the
steamer.
CHAUNCEY DEPEW IMPROVING
Would I.Ike to Hetura to Washlagtoa,
hat Physicians Will Sot
Permit.
NEW YORK, March 1.-Tlie Tribune to
days says: Senator Chuuncey M. Depew. it
(Continued oa Second Page)
GRAND RAPIDS. Mich.. March 16. -Tho
business portion of the village of Tustln
H asked Leo Angus for the shells they had Osceola county, was destroyed by fire early
bought at council BlufTs to fit the gun. today. The fir started in the basement of
Nelson had the gun in his hand and t told the Hotel Compton, from a defect I vo
him to be careful as some orto was com- furnace. Ten guosts escaped In their right
ing up bhlnd ua. He then put It in hia clothes, while four were burned to death
pocket." Th dead
After the quartet had com to Omaha WILLIAM M'GRANE Dronrletnr of h.
they visited saloons near Fifteenth and nxleJ- .
Harnev While in one of them rvw.. ino. ttlUJAM ti. M UKANE.
Harney, vv mie in one ot tnem O Hearn KDWARD DEMORKST. Dorter.
said he went into a toilet room took off .CHARLES WORKMAN, traveling man of
nis coat ana iair warren came in took rierson,
the gun out of his pocket and examined The financial loss Is about $22,000.
It.
Denies Nelson's Statement
They went to Twenty-first and Cuming
street about U o'clock. The witness denied
the statement made by Nelson on the stand
that be, O'Hearn, had aald it would ba
better to shoot to aave their own heads.
At Lausten's saloon he and Nelson went
in leaving ths other two to watch on th
outside.
I ordered a glass of beer and asked
Nelson what hs wanted and h said he
would take th same. Luusten took two
glasses and started for the faucet when I
told him he had better make It three
a friend would be in a minute. Lauatsa
was standing at my left at this time. As
he turned around wa pulled our guns.
Lausten waa Just south of me, but went
to the cash register directly opposite me.
"Nelson said, 'You step rrom behind th
bar and hold up your hands.' Lausten
said, 'I will do no such damn thing.' Then
I Jumped to th middle of the room and
covered Bonney with n.y gun. Nelson
again ordered Lausten to throw up his
hands. Then the shot was fired."
"Who fired tha. shot?"
Accuses His Pal.
"Raymond Nelson. I fired no shot."
"When the shot waa nred," the wltneea
continued, "I was near the middle of the
room. I saw a man's face appear at the
glass in the door, but he went away. I
did not recognize him. Lausten backed
away, facing Nelson, who went behind th
bar, keeping his gun on Lausten. His gun
was in tils right hand and he took the
money with hia -left. Bonify started to
walk out and I ordered him back. Lauatt-n
dropped his hunds, reeled a moment and
then fell."
The witness said he and Nelson ran out
of the saloon and after a block or two
slacked up to a walk. Then he said Nelson
asked him to trad guns because he aald
he was going to stay in Omaha thst night
and It a'ould look bad If he were caught
with a 32-ctOlber revolver on him. O'Hearn
says be gave Nelson th 38 and took th-J3
himself. II aaiJ .Nelson asked him to dis
pose of it.
They went to Washington hall, but the
witness denied h had said to Angus that
he had "smoked" Iauien. He also denied
INSURANCE HEARING ENDS
Sew York Committee Will Put Flaal
Touches on Proposed l,aws and
Report Xext Week.
ALBANY'. N. Y., March 16. The Joint
special committee of the New Y'ork state
legislature, which since last September has
been Investigating life Insurance in this
state, today formally closed its public
hearings on the bills embodying Us recom
mendatlons for the amendment of the In
surance law, the corporation law, the legis
lative, law and the penal code.
A subcommittee will meet In New York
probably most of next, week, with Charles
E. Hughes counsel for the committee, and
all pf the bills will be gone over and such
modifications as the subcommittee may
deem necessary will be made. The net re
sult will be presented to the full commit
tee next week, and Chairman Armstrong
hopes to present to the legislature within
two weeks the bills in their final form.
The battle on the floor of the legislature
over the legislation proposed will be event
ful. Its result might involve the possibil
ity of an extra session of the legislature
should matters regarded by Governor Hlg- of the engine crew of the eastbound train it
gins as vital fail' of enactment. Just be- can only be raid that they died at their
fore adjournment today Chairman Arm- I posts, for no bne Uvea to tell the story of
strong read from the record a telegram their heroism.
from Governor Johnson of Minnesota to The disaster was made more horrible by
Samuel Untermeyer of New York, which I the manner of the death of many of the
said that the conference of the insurance passengers, variously estimated at from
commissioners, governor and policyhold- twenty to thirty-five. Fire swept over tho
ers' representatives at Chicago last month wreck, engulfing the victims in a caldron
favored the legislation proposed by the of - flame and leaving only charred and
committee. I blackened bones to tell the tale of slaugh
ter.
A list of the injured given out by offi
cials of the railroad company comprises
twenty-two names. None of the Injured
I are dangerously hurt and It is beUaved
they will recover.
Dead and Injured.
A list of dead, made tip from close lnves-
CALDWEI.L, Idaho, March 16. President tlgatlon by responsible persons (the rail-
MCYER AND HAYWOOD IN COURT
Attorney for Alleged Murderers of
franenherg File Motions to""
Quash Indictments, .
PRISONER TAKE TO LINCOLN
Fire of Them Are Sent Dowa In Cus
tody of Sheriff.
Owing to various rumors around town
Friday afternoon. Sheriff McDonald thought
It best to get some of his prisoners out of
town. Consequently, James Diggs, held for
the murdor of Frank E. Wheeler, Harry
Clark and Cal Wain on the Flury case and
Raymond Nelson and Leo Angus on the
Lausten case, were sent to Lincoln at 2:16
In the custody of Sheriff McDonald and
Deputy McDonald. Patrolmen Sullivan and
McDonald escorted the county officials as
far as the station.
A message over the telephone from The
Bee's staff correspondent late yesterday
afternoon stated the 'five men aiTlved in
Lincoln and were at once taken from the
(Continued on Second Page.)
Help the Y.W. C.A. Building Fund
The Bee Comes to the Front With a Generous Offer to this
Worthy Cause in Which All Can Join.
The Offer:
OMAHA, Marco 15, 1U6.
Mrs. W. P. Harford, President,
Young Women's Christian Association, t
Dear Madame:
The Omaha Bee wishes to co-operate with your good work. In
raising a tunc) tor the erection of the new Young Women's Christian
Association building.
We will be pleased to donate to your fund, a percentage of our
receipts from subscriptions, between now and 5 o'clock p. ru., April
15, 1906, under the following conditions:
We will give toward the Young Women's Christian Association
Building Fund 25 per cent of all cash in sums of SI. 00 or more,
received for new subscriptions to The Omaha Bee. Morning, Evening
or Sunday editions, and 10 per cent of all prepaid subscriptions, in
amounts of 11. 0Q or more, from our old subscribers. No payment
will be accepted as "pre-payment" until all arrearages have been paid
to date.
All such payments roust be made by the subscriber at the office
of The Bee, or to such representatives of your Subscription Committee,
as may be arranged for by you. Very respectfully yours,
THE BEE PUBLISHl.N'O COMPANY.
Charles H. Moyer, Secretary-Treasurer Wil
liam D. Haywood and former . Executive
Committeeman George A. Pettlbone, the of
ficers of the Western Federation of Miners
who are charged with the murder of former
Governor Frank Steunenberg, were today
before District Judge Frank Smith for ar
raignment. Their attorneys filed a motion
to quash the indictments and submitted
voluminous affidavits alleging conspiracy
between Governor Frank R. Gooding and
others Ident'fled with the prosecution to
deprive the defendants of their liberty.
rood officials refusing to make a list for
publication), follows:
WILLIAM HOLLIB. engineer No. IS. Pu
eblo..
WALTER COSSLETT. engineer No. 3.
Pueblo.
H D. 8UDDUTH. fireman No. 16, Pueblo.
EDWARD E. BA1RD. deputy sheriff.
Denver Colo.
ARCH1BAID WHITNEY, prisoner, on
way to penitentiary at Canon City, In
charge of Balrd, Denver.
MRS. WILLIAM HI KKSIIJR, DAUGHT
ER AND DAUGHTER'S CHILD, all of
Kansas, town not learned.
A. N. HARK LOW, Banna, Colo.
MISS GRACE BARKLOW, Sallda. Colo.
EN'AH M FARLAND, express messenger.
These affidavits allege further that A. B
M nua Ihn fnuamn n a K ai u-v-u nrl 4nr-i 4tj ll nA I TVnias
with 'the aovernnr. with Jsmes H. Hawlev. TA YI.OW SiEWITT, I-ebo, Kan
senior counsel for the prosecution, and had
expressed opinions prejudicial to the pris
oners while the charges were under con
slderatlon. Testimony bearing on these af
fidavits, counier affidavits and arguments
will be made before Judge Smith tomorrow
afternoon.
Attorneys ror the .defendants also pe
titioned the courtj to admit the accused
men to ball.
CNE VICTIM FROM DES MOINES
Rear Admiral Trala Sends List
Naval Mea Wounded la Battle
of Mount Dajo.
of
MRS LILLIAN HEWITT. Ubo, Kan.
PEArtL HEWITT. g-d 13, Ix-bo, Kan.
MRd. CATHERINE HEWITT AND HEH
BABY BOY. lebo, Kan. .
ED COWLEY, Lebo, Kan.
FRED JONES, Lebo, Kan.
FRED LEM ECOOLEY. Denver.
MRS. FD COWLEY. Lebo, Kan.
MRS. WINONA HEWITT, Lebo. Kan,
The Injured:
Patrick Murphy, Florence, Colo.; seri
ously.
F. I'eters. nnggagnman, uenver; rius
broken, head cut.
James Proconone, traveling to r lorenee,
Colo., from Italy; head hurt and otherwise
injured.
Ira Elrod, Gypsum. Colo.; foot sprained.
Miss Mabel Fields, address not given,
traveling to Wolcott, Colo.; Internal In
juries; serious.
E. A. Hewitt, Ibo, Kan.; one leg broken
and otherwise Injured.
Miss Mary Oooch, Oakland, Cal., Buffer
ing from shock.
Thomas Webb, Yampa. coio.; ngni tcoi
WASHINGTON. March 1.-The chief of
the hure.au of navigation. Navv department.
... .... I anrnliifd
today received tne following caoie mes- -'r "w. rhllllps. Cayeavllle, Utah; foot
sage irom near Aamirai i rain, command- bruised.
Ing the Asiatio fleet, dated Cavlte, March C C. House, Champa, N. M.; both knee
FOK THE NKW BULMXfi
YOUNG WOMEN'S
CHRISTIAN ASSOCIATION
IMS Farnam St.
OMAHA, NEBRASKA.
The Acceptance:
i2r,ooo.oo by a nil l is, khmi.
may bo asserted on the authority of a man J having said he was goil'g home to prove
who talked with him yesterday, is deriving
the benefit from his temporary absence
from Washington. He is better, it is said,
than he has been for months and if h
acted on his own Inclination, would return
at once to th capiioL He has, however,
been ordered by his ph slj-lan to recuperate
his strength thoroughly before returning to
his seat lu th stasis.
in alibi. s
Make Another Denial.
The rest of his examination was devoted
ta the testimony of Mr. Bonney. O'Hearn
denied that Bonney has fn him at th
county Jail with th light 'overcoat on.
County Attorney 81b'l in 'the cross -
lOuUnued. ea rAiu Pigs. 4
Bulldlna- Committee.
Mrs. Oorf Tlldn, rhtrmaa.
Mra. 1. W. rrpnlr. Sc.-rvtary.
21r. J. H. Duiuunt. Treaurr.
Mm. W. P. Brfor4. M J M Alhln.
Mra. G. W. Gtrloch. Mrs. K. L. H.litr.
Mr.. J. P. toiler Mra. i. P. Lord.
Mrs. C. M Wllhclm. Mr. A. Tror.
Ir Abby V. HoimM. Mil P. P. LooinU.
Mra. 0. W. Wicktrhia. Mra. Km ma P. b;tn.
Ulu ilallla Hoii4.
March 16th, 1906.
The Bee Publishing Company, Omaha, Nebraska:
LVar Sirs The proportion cf The Omaha Bee to co-operate In the
raising of a fund for the erection of a building for the Young Women's
Christian Association Is received. 9
The Executive Committee authorizes me to lute that they heartily
accept your proposition and appreciate the Intereitt manifested. Very
respectfully, MRS. W. P. HARFORD, President.
HELP BUILD A HOME. FOR THE V. VV. C. A.
By Getting: Your Friends to
bl list HIRE FOK THE BEE.
fa nft rirn ken. riarht hand and mouth cut.
L. C. Ramsbottom, Ban Francisco; neck
hWt. R. Page, Yampa, Colo.; back Injured.
I. Klssell, New York; head slightly in
jured. .
A Oerber, New York: ear torn.
C.' N. Wright, New Y'ork; head sllrhtly
injured. ..'.)
James Page, Whitewater, Colo.; head cut.1
F. H. Sweeney, Clinton, Mo.; foot crushed.
J. L. Lotten. Bello Flower, Mo.; hip
crushed. . . .
G C iJirk. Portland, Colo.; head put.
J. C. Veale, Denver; neck slightly In-
J. S Reef. Leadvllle, Colo.; neck injured.
B. I. Jones, Iwnver; back hurt.
A. I Knouse, Ouray, Colo.; neck hurt.
Conservative estimates on the total loss
of life place the number of dead at thirty
five. Rio Grande officials insist that the
exact number of persons on the two trains
cannot be ascertained, that it is Impossible.
S. F. Lively, night operator at Swal
lows, whoso alleged failure to deliver or
ders to train No. S Is supposed to have beon
the cause of the wreck, has beeu In the
was decided to consider the statehood bill I employ of the road for many year, lie
18, in respnns to a cablegram of inquiry
as to the condition of the men of the navy
wounded in tho fight with the Moros at
Mount Dajo, Jolo:
In reply to your cablegram of IGth, only
injured are: Ensign Cooke, wounded In
foot; B. F. Ollmore. coxswain, in elbow:
Joseph Fits, ordinary seaman, in arm. All
can be removed to hospital at Zamboango
by the th lnst. Need not be sent home.
Cooko Is from New Yolk and a grandson
of the first governor of the District of Col
umbia; Gllmore Is from Fort Worth. Tex.,
and Fits from Des Moines, Ia.
DATE FOR STATEHOOD BILL
Conference of Republican Represen
tatives Flxea Time for Consider
ing? Measure la Hoase.
WASHINGTON. March 1.-At a confer
ence of republican house leaders today It
ou Wednesday, March 21.
Chairman Hamilton of the house commit
tee on territories probably will seek to
send the bill as amended by the senate
directly to the conference. If there should
be objection to this motion the bill will go
outomatlcally to the house committee on
territories, which will report It to the
house with a recommendation that It be
sent to conference. Consequently the meas
ure Is wholly within control of the terri
tories' committee.
PAUL LINDBERG ENDS LIFE
Traveling Salesman from Stromaburar,
Xek, Shoals Himself on Eve
of Marriage.
ST. PAUL, March 14. While bis be
trothed was buying ber wedding gown at a
local atore, Paul Line berg of Hiroiusl.urg,
Neb., a traveling salesman for Gordon it
Ferguson, shot lilmwlf through the head In
bis room at th Merchants hotel, lie was
to have been married tomorrow.
Ths body was found Ibis afternoon by
the wmnan upon her return to th bote!
from her shopping.
waa relieved from duty tonight and will be
suspended until the mutter Is thoroughly
InveMigated by the officials.
Trala Order Mot Delivered.
In a blinding storm, which made it al
most impossible for the trainmen to see
ahead, the two train collided heud-on at a
point midway between Portland and Adobe,
Iweiiiy-rive nill'-s west of pueblo, at 3:30
o'clock tills morning. Immediately follow
ing the collision several ot the wiecked
car burst Into flames and were consumed,
a number of passengers being burned tj
death. More than thirty others were in
jured, but of these It Is not thought any
were fatally hurt. The cause of the wrot k
Is attributed to the failure of an employe
of the road to deliver an order which
changed the meeting place' of the two
trairs.
The Utah and California Express No. S.
westbound, left Pueblo over an hour and a
half lute and was given orders to meet the
Colorado and New Mexico Express No. lt.
eastbound, at Florence. This order was
changed, and thu westboond train was di
rected to pass the tastbound train at Bea
ver, sbout iwelvn miles east of Florence.
Tilt- on! r should have been delivered U
the train crew at 8Uuwt but (uf aoiuat