Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 17, 1906)
Powered by OpenONI
The Omaha Daily Bee
VOL. XXXVI-XO. 104.
OMAHA. WEDNESDAY MORNING, OCTOKKK 17, 190G-TWELVE PAGES.
SINGLE COrY THREE CENTS.
, OIL CASE IS ARGUED
Rockefeller Company Placet Dccameita ii
EfidsDM and Rest Iu Caw.
PROSECUTOR DAVID OPENS FOR STATE
Ha fay Buiintn ia Goatrolled by Jama
Trait that Wat Onited Yeart A to.
NAME AND FORM ONLY ARE DIFFERENT
Lnbitaooe and Batnltt af tha Ycaopal Ire
COMPANY RELIES UPON TECHNICALITY
Altera? lay af the Subsidiary
IMMtln Ara oa Trial Attempt
. Jnstlfy Combination of
rlNDLAY. O.. Oct. 16,-That the case of
the Standard Ol! Company of Ohio, on
trial for conspiracy against trade, will be
In tha hand of the Jury tomorrow In con
fidently predicted tonight by attomeva for
both aides. The evidence If alt In mid ar
guments progressed for four hour todav
The Jury has yet to hear Attorney Kl .,
for tha defense and the cloning argumef'; '
for the mat hv Attorney flenernl V.Ui.
IToaecutor David began hla argument at
19 o'clock thla morning, after two wit
ness had tent I tied for the state, and the
defense- had cloned Its case with the sub
mission a avldence of a alngle document,
the decision of the supreme court of the
atate declaring the defendant company
"not guilty" in the contempt proceedings
Mr. Phelps followed Mr. David for the
prosecution and Mr. Troup occupied the
balance of ihe day until nfter 5 o'clock In
making the opening argument for the de
fence. The proarcutlon told the Jury that there
never has been an actual cessation or me
Standard Oil tfuat of 18RZ tia shown by the i
evidence,, although the form of organisation J
had been changed. Trie defense maae us
main point that while Ihe evidence showed
ail tha so-called subsidiary companies to
be owned by the Standard Oil Company
of New Jersey. not one syllable of evidence
had been adduced to rhow thru the de
fendant company was so owned.
Only Two Witnesses Examined,
W. U Flnley, state inspector of oil. was ;
the first witnesa today In the trial. Attor
ney General Elite of Ohio waa again pres
ent, having been absent yesterday.
Mr. Flnley was questioned by Mr. Har
rison of the attorney general's office. Mt.
Flnley desrrihbed tha location and number
of hla deputies and method of Inspection.
From reports In hla office, Mr. Flnley
aid one-half the oit refined In Ohio waa ,
refined at Lima. From the same source i
of Information thla ol! Is ahlppod In tha
cars of the Vulon Tank Line company.
The questions and answers were all put
fn eryhW.-,fcMrtoee.,of the - attorney for
the defense" yne Standard of Ohio, he
said had from 1W io tank stations
for the distribution and sale of refined oil,
while the" Solar had no such stations. Mr.
ln)y was not cross examined.
C. P, Bhafer,' deputy local oil Inspector
at Flndlay, who testified last week, was
recalled. lie said the Standard was selling
oil at retail In Hancock county and no
other company sold oil here except the
National Refining company.
With thla evidence the state rested lie
Mr. Kline for the defense, then put in the
first evidence for the defense. He lirst
filed aa evidence a certified copy of the
Journal entry, the Judgment of the court
in the case In the first state of Ohio against
th Standard OH company, known aa the
Mr. Kline read this record and then an
onuced, "Defendant rests." "Now let the
oratory begin," remarked Mr. Pnclps.
In a Ave minutes recess it waa arranged
that five speechea would be made to the
Jury, three by the states attorneys and two j
by tha defense.
Prosecutor David opened for the state
and arguments will be made by attorney
general and Mr. Phelps for the prosecution.
Messrs. Kline alii represent the defense
to the Jury.
Reviewing the documentary evidence to
the Jury, Mr. David aaid It was not dis
puted that the Standard Oil trust actually
existed In 1882. The state now contend,
that the same trust,, only another name,
till exists. II mentioned the various
local companlea now doing business in the
state, saying they were members of the
original trust. -
"The people In this case," said Mr. David,
"claim that the Standard Oil company of
New Jersey now owns the' stock of the
subsidiary companies, each one dependent
upon tlie other, and right now doing busi
ness among us. We have shown that
these same gentlemen John D. Rocke
feller, William Rockefeller, Flager, Arch
bold Rodgera are today the heads cf
these companies. These men were of the
pine original trustees In the trusti"
The Standard Oil trust agreement of
1IS2, said Mr. Phelps of the prosecution,
who followed Mr. David, was responsible
for every trust on this continent it was
the original trust.
The laws ef Ohio require, he continued,
that the Standard Oil company of New
Jersey, the owner of these subsidiary
companies, must eqnie here and do busl-
itess In Its own name. All that we can re-
o. u '. le is that It ahull cease to defy the
law of this state. The evidence, lie said,
showed beyond the shadow of a doubt that
the Valentine law was being violated.
Position of Defense.
Mr. Troup, who followed Mr. Phelps,
presented the case for the defend. Much
has been said, lie began, about the Buck
eye Pipe l-lne company, the Solar KcGnlng
coinpany, the Manhattan Oil company, th..
Ohio Oil company and all of these com
panies have been alleged to be the prop
erty of a Jersey corporation. Cut, J
P Mr. Troup emphasised, none of these com
9 panles are on trial here. Tlie only defend
ant here Is Ihe ritandard Oil company of
Sumaied up. he said, the charge against
- the defendant waa this:
"That the defendant la a memoer of a
trust formed In lit: and ha continued so
down Io '.he present time."
Mr. Troup justified combinations of capi
tal, brain, energy and action aa essential
to tha progress of the world. It was eueh
aZ combinations which bad produced clrlllsa
tn aad toes la themselves were not and
cuuld pot be unlawful.
font Ball flayer Ulea aaddealy.
VI JCIX. O.. Oct. f.-Lewis A. Orlsler
of I ".nldiug. a senior at Ohio Weal, yan
university at Delaware, and right end uu
tike srHy foot bail teaai. fell dead on
nbe field this afternvua after running down
a t-uru. tleaxt uuuiili waa Lb c,ue
ALLEGED PLAN OF FRANCE
Osserratore Romano Defend Cnarae
f Vatican from Probable
Attack by Cabinet.
ItOMK, Oct. It. The Ossei vator
Romano today published a seml-o;nrlaI
article saying that the French cabinet is
preparing to attack the Vatican at tha
reopening of the chambers, by .i-cuitig
It of engaging In h conspiracy wuli the
monarchists to overthrow the ri public
and giving the following statement a
proof of Its (barges:
That the myaltst press, whli'h opposed
the late pope l,eo XII 1. approves of Pope
That the royal lende-w urre th" pope to
sitpiiort the reliirious movement In France.
That the pope granted an Interview to he
royalist organ. tti Onulois.
The Osservatore Romnno answers these
allegations by statirg 'bat Pope T'ius, liU"
Pope Leo. loyally accepts the rcpublle. In
which the former ha repeatedly affirmed,
confirming his tenement in his recent en
cyclical on the church and si:ite separation
law. and challenges anyljody to quote a
wold uttered by the pope or to adduce a
fact showing the pontiff as an enemy cf
The proofs to he- referred to by the Frenrh
government, tlie Ossrvatore Romano mblf.
are not serious. Th" f.valists support the
pope ell her as good t'tit holies or for po
litical aims. In the latter cuse It Is not
the Vatican's fault, "the responsibility rest
lug on tho republic and resulting from the
ntl-rellglouB measure adopted in opposing
church under the guise of enrrving out
. 'Uuan ldels."
W- WAR NOW EXPECTED
rrea. . .
orlttra Fear Tronlile from
ararn of Morocco
' PARIS. Oct. The Imminence of a for
midable native rising in Morocco and Al
geria Is growing. The French military au
thorities In Algeria are in a state of ap
prehension. The commander of the troops
in the district of Ain-Sefra, has cabled to
the minister of war saying that the prep
arations among the Moora for a holy war
Bre proceeding energetically.
Molllv ,bou. a cousin of the sultan of
Mort(rco ,as visited all the tribes and has
iit,iured them to cease their Internnl quiu-
, d Drf.pgr. to take the field in the
middle of November. The Bcnlguil tribes
have been approached by emissaries from
the Insurgents at Tafllelt. who nro urging
the former to Join In the movement.
PARIS. Oct. If,. No reinfoi cements of
troops will be dispatched from France to
Algeria for the present. The measures to
be taken will be confined to some concen
Ira tlon of military forces on the Moroccan
frontier In order to prevent Incursions from
the direction of Morocco.
MAGCON TO REVOLUTIONISTS
Men Who Caused Trouble In (alia
- Are Now Trying to
HAVANA, Oct. Governor ..lugoon
thla morning expressed warm apprecia
tion of the assistance cen,by the laders
of tlie revolution iu.ilia lestoriag of order
in Cuba. He' particularly commended the
action of General Guerra in declining the
recent offer of election to the position of
commander-in-chief of the forces, thus
i setting on excellent example.
Tlie movement of American troops to
wards the places throughout the island
which they are to garrison is proceeding
rapidly. Tho third battalion of the Twenty-eighth
regiment of infantry loft Camp
Columbia thla morning for Quanagay, a
troop of the Fifteenth cavalry was sent
to Plucetas, and tlie Fifth infantry was
transferred from Caibarlet to Kcmldios,
owing to floods in Caibarlet.
Reports from all parts of the island
show a continuance of the quiet which has
prevailed since the change of government.
HINDOOS ARE HELD IN PORT
Canadians Object to Presence of Fel
low Snbjects from India's
VANCOrVFJR, B. C. Oct. R Acting un
der Instructions from Mayor Buscombe the
Vsncouver police are guarding tlie Domin
ion government immigration detention shed
on the water front to prevent the landing
of the Hindoos now held there.
The locsl objection to the Hindoo immi
gration has reached an acute stage here
and trouble similar to that which marked
the Chinese riots several years ago is an
ticipated. The sienmer Kmpress of Japan
brought in over 100 Hlndooa yesterday aft
ernoon, none being allowed to land. Just
what right the city has to take this action
will become an Interesting Issue.
BANDITS ' LEAVE SOCIETY
After Robbers Break with Warsaw
Hevolntlontsta They Are Cnn
tared by Police.
WARSAW. Oct. IS The police today dis
covered the headquarters of an elaborately
organised band of terrorists and captured
forty-nine member of the band, who are
charged wiih having committed many mur
ders and robberies.
It is also alleged that the band orig
inally delivered the proceeds of their crimes
to the local socialistic organizations, but
becoming dissatisfied with the payment re
ceived they subsequently carried on busi
ness on their own account and had a bunk
4COC.Unt allowing a deposit of about $5,000.
I Japanese t'lihrruira tared,
j VICTORIA. B. C, Oct. Advices were
I received of tho rescue of the survivors of
ia Japanese fishing Junk by the steamtr
Tango Maru, bound rrom Seattle to Yoko
hama, 100 inilea off the shore. There were
eight men clinging to the bottom of an
upturned vessel and right bad been
drowned. The survivors were without food
on the upturned hull for four days.
Entombed Miners Reamed.
DURHAM, England. Oct. 16. All tlie
miners who were entombed as the result
of an explosion yesterday in the Wingate
colliery near1 here have Iwen rescued.
In order to vote at tlie) coming elec
tion und at Kubscquenl primarien,
erery Hector (u OmaJia aad South
Omaha Biut appvar pvi-konitlly before
the registration, board for liia voting
diktrlct and have hla name properly
enrolled. So previous registration
hold good Ihia year. Thursday, Oc
tober 18, ia the lirat registration day.
In order to ote
You' Must Register.
AMERICAN BANKERS MEET
Tratt Company Section Coatidtn Mease af
Safeguarding. Municipal Securities.
CALL ASKS FOR EMERGENCY CURRENCY
Carreney Reform Conference ng
geat that .Special Committee Be
Appointed to Draft
ST. I.OC18. Oct. If!. Meetings of two sec
tionstrust companies and savings btnks
InnuMiratcd the thirty-second annual con
vention of the American Bankers' Hsrocla
tion here today, and tomorrow will witness
the opening session of the Hsvnclntlon
proper at the Olympic theater.
An itnrltnt feature of the day a the
Interstate currency refrwm conference, at
tended by lepir Kcntiitives from every stnt
bankers' asfociatlen. at which resolutions
were adopted looking townrd the er.net-
I ment by congress of laws providing for a
I more elaatlc currency.
: Meetings were also held by the Banking
I Publicity association and the committee on
I rleurltig houses, the latter appointed by
j the bankers' association.
I The day's program rioted with a baiuiurt
at tlie St. Louis club tonight, following n
meeting of tlie executive council of tha
' Trust Section Called to Order.
I The principal meeting of today was the
eleventh annual assembly of the trust com
pany section, which was called to order by
Mr. Clark Wllliama, vice president of the
; Columbia Trust company of New York.
nnd president of the section. Rev. William
j J. .McKlttrlek delivered the Invocation, fol
: lowed by the address of welcome made by
Mr. Frstus J. Wade, president of the Mer
csntlle Trust company of St.. Louis.
! President Clark Williams replied to the
address of welcome and delivered his an
The annual report of the secretary, Mr.
James H. Branch, New York, showed a
credit balnnce for the fiscal year ending
September 1, 1306. of $3W.6. The net cost
J of the trust company section of the asso
! elation for the year was $1,184.80. During
I the year f!8 members had paid their dues,
j but owing to the withdrawals and liqulda
I tlons thirty-three were dropped from niem-
bership. leaving (5. One hundred and
thirteen truet companies were added to the
I roils since September 1, 1905, enlarging the
piescnt membership to 718. the largest in
j tlie history of the section.'
! Sufeanardlnar City Bonds.
The annual report of the executive com
I mlttee was delivered by Chairman Philip
S. Babrock, vice president of the Colonial
: Trust company of New York. One of the
Important matters considered by the ex
ecutive committee was the necessity of
devising some plan for safeguarding the
Issues of municipal securities. A commit
tee of three was appointed to act Jointly
In conjunction with the executive commit
tee In bringing about some feasible and
proper plan for safeguarding the issuance
of municipal securities, and Mr. Baboock
stated the mathnd devlaed will be reporter!
during the dcll1eratlon?.of the convention.
,Tlie report of the committee on better pro
tection of municipal securities was de
livered by Chairman H. P. Mcintosh, pres
ident of the Guardian Savings and Trust
company. Cleveland. O.
Hon. rierre Ja bunk commissioner for
' the state of Missouri, waa then Introduced
I nnd delivered an address.
J Comptroller Rldgley Talks.
I The convention was then addressed briefly
by Hon. William Barrett Rldgely. comp
troller of currency. He. said, In part:
Tliere should be the closest bond of sym
pathy, even if thnre Is friendly rlvslry
between the national hank system, state
bunks and trust companies. There Is a
place for each kind of bank and each has
a field. It is not so much a Question of
quantity of banking business done as It
Is the quality done. Whatever success the
trust companies of the t'nited States have
achieved has not been especially because
they were ably managed as because they
were honestly managed: and they have
nude a remarkable record.
Breckenrldbe Jones, president of the
Mississippi Valley Trust company. S,t. Loitj,
; who inaugurated the trust company seo
I tlon of the association, was Introduced and
j spoke briefly.
' F.mersieney Cnrrency Wanted.
I The following resolution, introduced by
Kcstus J. Wade of St. Louis, first vice prest
! dent of the section, was adopted:
I Resolved. That should a commission or
committee lie appointed by the American
Bankers' association to formulate a plan
to be recommended to congress for the pur.
pose of creating a credit or emergency
currency, that It be the sense of this con
vention that audi a commission or com
mittee. If appointed, should have aa some
of its member a sufficient number of
trust company .officials to represent t he Im
portance of the trust companies as financial
The convention then listened to the roll
call of vice presidents of the section being
l,'r.t,l in rive-minute talks hv hntkk
i officials from all over the country, giving
! brief accounts of trust company conditions
I in different states.
The session concluded witii a general
I discussion of business methods, bnk ex
I amtnations, safeguatda against irregula-i-
ties and kindred topics.
! F.leetlon of Ottlcera.
At the afternoon session of the trust com
pany section the following officers were
President. Festus J. Wade, president Mer
cantile Trust companv of St. Louis: first
I vice president, Philip 8. Babcock, vice pre
! ident Colonial Truirt company of New York.
! and state vice pre Men Is, one from each
! state represented In the section, Executive
; committee: Ralph W. Cutler. Hartford.
!Cotui.; Benjamin F. Cohen. Portland. Ore.;
!(. C. Fuller. Milwaukee. Wis.: S. W. Ray
; burn. Uttlo Rock, Ark.; J. H. Hulliday,
- Indianapolis, lnd.
I The section convention then adjourned.
Tonight a banquet was tendered the gen
eral officers, executive council and execu
tive committees of the trust company and
auvlngs bank section at the St. Louis club.
Meeting of Saltans Section.
The savings bank section meeting, held
In Schuyler Memorial hall, was pieslded
I over by President hdward E. Duff of Pitta
I burg. In his annual address he advocated
j the expenditure of a large sun to prosecute
! bank officials who rob depositors ef their
! Chairman Lucius Teter of tlie executive
committee .In his report, stated that the
savings bank section represents about
j JU.Uuu.UO'OuO of tlie resources of the Ameri
' can Banker' association and ha a mrin
' bcrebip of 1.1-39. The aw-tlon was organised
; In I'M with former Oovernor Myron T.
' Herrlrk of Ohio as chairman,
j The report of Secretary Hanhart showed
I a guln of 306 members during the last year
and a loss of seventeen members by with
Carreaey Reform Conference.
Consld -rable opposition developed today
at the sea ion of the currency reform con
ference held at the Jefferson hotel, before
the following resolution re adopted:
Reaolved, That the several plana pro
posed and submitted to this currency con-
tConliuutd un Second Page.)
MRS. JEFFERSON DAVIS IS DEAD
Widow of President of the Confed
eracy Dies In ew York of
N'KW YORK. Oct. Mts. .Jefferson Onvls,
widow of the pielil"nt of ;hc Confederacy,
who hed been 111 for n week at the Hotel
Majestic In thlst city, died at 10 S o'clock
tonight. Death was due to pneumonia.
Induced by a severe cold, which Mrs. D i
vis contracted upon her return fr.im th"
Adirondack, where she had spent the
summer months. Althour'i grave fenrs
were felt from the lirst. Mrs. Dtvis" won
derful vitality, which brought her safely
through a similar nttnrk a year ago. gave
hope of ultimate recovery until last nigh'.,
when a decided rhange for tlie wotee
was evident nnd the attending physicians
announced that the end whs near. It was
then believed flint Mrs. Davis could not
survive the tiljrht. bat she rnllietl .liuhtly
during the early hours of today. Hhottlv
nfter T o'clock this morning he had a
similar spell and Rev. Nathan A. Seaglc,
rector of St. Stephen's Protestant Kplsco
pal church was hurriedly summoned to jrive
reunions comfort to 'he pc.ticnt In her
last momenta of conseiousnef?. The clergy
man remained some time and an hour
later it was announced that Mrs. Davis
had lapsed Into a state of com:i. The pe
riod of unconsciousness cmttn.ied to the
At the bedside when death came were
Mrs. J. Addison Hayes of Newark. N. J..
the only surviving daughter of Mrs. Da
vis; Jefferson Iavls. a grandson, who Is
a student at Princeton university: Mrs.
Charles K. Bateson. n niece; Dr. and Mrs.
Qustave Webb, the latter a granddaughter,
and Dr. Robert If. Wylle, who, with Dr.
Webb, cared for Mrs. Duvis throughout h.ir
J. Addison Hayes, husband of Mrs. Da
vis' only living child, had been summoned
from Colorado Springs and was hurrying
across the continent when a inesf-age an
nouncing Mrs. Davis' death intercepted
him. Mrs. Dnvls had for some years made
her home In this city, where she bud a wide
circle of friends. Throughout her lllnrse
solicitous Inquiries regarding her condition
were continually made at her npurtments.
HARRIMAN MOVES AT SEATTLE
Condemnation Prorredlaas Started In
KfTort to net Line to
SIvATTLK. Wash.. Oct. M. A new move
was made yesterday by representatives of
E. H. Hsrriman Iti their effort to secura
I entrance into Senttle and to property owned
by the Oregon & AVashlngton railroad
(Cnlon Pacific), when condemnation suits
were filed for a ninety-foot right-of-way
through nearly twelve blocks of tide lands
In the southern part of - the city. The
length of this strip Is nearly 10.000 feet and
crosses almost 2.000 feot owned by the Seat
tle & Montana Railroad company, belong
ing to the fit-eat Northern.
A plan submitted by J. J. Hill of the
Great Northern and approved by the city
council was recently rejected by Harriman.
This plan embodied the donation of a strip
sixty feet wide through the property In
question, te Inner -thirty; feet to be occu
pied "by' twenty-eigVt through running
tracks of the Union Pacific", nnd the outer
fifteen feet on each side to contain "witch
ing tracks for the Oreat Northern, on
which Harriman was to have common use.
Harriman is attempting to reach the site
on which he will build his station In .this
BAD AUTOMOBILE ACCIDENT
Four Person Injored and Two May
Die aa Result of Col.
CLKVKLAND. Oct. 16.-An automobile,
while running at a high rate of speed on
Detroit avenue, N. W., struck a trolley
pole at Kenllworth avenue in Lakewood. a
suburb, early today and exploded. Every
one of the four occupants of the car wa"
Injured and two may die. The Injured are;
Miss Anna Schmldtel. burned about the
arms and body, right arm fractured.
Miss Hulda Ackerman, burned about the
legs and back, condition critical.
Benjamin Camru. burned about the head
George Hartman. right eve gouged out,
skull fractured, condition critical.
The car was ownod by M. I. Mandelhaum,
the traction owner and hanker.
According to Camra, who was driving the
machine, something went wrong with the
machinery. The car suddenly swerved from
the roadway and struck the trolley pole.
The collision and explosion seemed to be
simultaneous. The fifteen gallons of gaso
line In th reservoir of the machine let go
with a roar anfl enveloped all four persons
CORN FAMINE IN MEXICO
Governor of Jalisco Ask President
Dins to Remove Daty . on
EL PASO. Tex., Oct. 16. To prevent a
corn famine, Oovernor Ahumada of Jalisco
has made an pppeal to the general gov
ernment of Mexico for the removal of
duties on American corn for importation.
This request has been made on a petition
from the business nun of Jalisco. The corn
crop in that section of Mexico is reported
to be very light, owing to the many floods
this year. Governor Ahumada says there
will lie a shortage unless some remedy Is
taken to relieve the situutlon. There is
a scarcity of corn in many other Mexican
j state. Ik la reported, due also to the floods.
j ENGLISH VIEW PACKING HOUSES
Sir H Walter Foster aad a Chemlat
Are at Kansas City
j KANSAS CITY. Oct. U.-Sir B. Walter
Foster of Loudon, a member of the British
' Parliament, and 11. Radcliff Kldner. a
'chemist, alao of Loudon, are here for the
! purpose, it is understood, of Investigating
I conditions in the Kansas City packing
Sir Walter declined to any. In reply to
direct question, whether or not he waa here
on official business for his government.
Iu ordrr to vote Ml the coming eleo
tlon anil at MilM.equut primaries,
every elector in Omaliu ami houth
Omaha mufct appear personally before
the registration board for his voting
diMrirt and have hi name properly
enrolled. No previous registration
hold good this year. Thursday, CK-
fober 1H, i the tirt regis! ratios day.
In order to vote
You Must Register.
F. K. POTTS SI10T IS HEART
Tanac Vaa 8nppodly Mardarad bj
Womaa Ea Livad With.
EMMA MORRIS IS UNDER ARREST
i Tells Several Conflicting atorle to
Police of Coanell RlatTa.
Where the Deed I
rrnnK k. rotts. using the name or Frank
Keith Morris, bookkeeper for Hynes Grain
company of Omaha, with offices In The Bee
building, was shot through the heart with
a li-calllier bullet at his rooms. Ml Broad
way, Co-mcll Bluffs, where the body wss
tHken possession of early Tuesday morning
by rnderlnker Cutler and later by Coroner
Trcynor. Errina Hlpklt, who usd the
name of Kmma Morris and pretended to
be the wife of Potts, was arrested and Is
held in Council Bluffs on suspicion of hav
ing committed murder. Tliere is no thought
The man was about a years of age; the
woman says she Is IS and looks to lie 22 or
2-1. She admits she and Potts had lived
together for six months, though never were
married. They occupied quarters at 1Sl!i
Capitol avenue nnd -J41rt Cass street In
Omaha before going to Council Bluffs.
No one. unless it wss the woman, heard
tlie shot that killed Totts.
The woman told several conflicting stories,
which serve only to convince the officers
she fired the shot that killed Potts.
It was 11:45 Monday night when the
woman knocked at the apartment occupied
by Mr. and Mrs. Fred Joehrendt, who con
duct the rooming house, and told them
Potts, who was known there as Morris,
was very sick. They advised her to call
a doctor and at the woman's request Mr.
Joehrendt called Dr. 8mlth Bellinger by
telephone. When Dr. Bellinger arrived th
man waa dead and the woman suggested
his death was due to heart failure. Dr.
Bellinger asked the worftan If her husband,
as she said the dead 'man was. 'suffered
from heart trouble, and she replied ehe
did not know, but that his father had died
from It. Dr. Bellinger after satisfying
himself that the man was dead, suggested
that the undertaker be called and left.
Long; Before I ndr rtaker I Called.
It was not, however, until shortly after
6 o'clock In the morning that Undertaker
Cutler was called. In the meantime the
woman had laid down In Mrs. Joehrendt
room and declined to enter the apartment
where the dead man was. One of Under
taker Cutler's assistants In removing the
body discovered the revolver lying under
a chair on which were some of the woman's
garments, next the bed. It was not until
the body wa being prepared at the morgue
that the bullet wound over the heart was
Pott, when removed by the undertaker,
was wearing a night robe over a gause
undershirt. The night robe was buttoned,
but there was no bullet hole through it
or any mark of burning from the powder
like there was on the undershirt. It was
plain the nightroh had been buttoned after
tbe shot had been flred. The appearance
of the wound, skewed clearly the-revolver
must have been pressed close against tha
man's body by whoever fired It. Tbe. au
topsy conducted by Coroner Treynor
showed that the bullet had. pierced the
lower part of the heart and that death
must have been Instantaneous.
Woman fsaght In Doctor' Office.
The woman was arrested while In the
office of Dr. Smith Bellinger shortly after
10 o'clock yesterday morning.' Shortly
after 9 o'clock ahe entered the Phoenix
reataurant, adjoining the rooming house,
and requested to be permitted to use the
telephone. She called up Dr. Bellinger
and asked: "Is there anything new In
the case?" Dr. Bellinger suggested that
she come to his office, which ahe did, and
It wus while there she was taken into
custody by Deputy Sheriff Groneweg and
Woolman. While in the restaurant she
told the young woman cashier that Potts,
or rather, Morris, a she called lilm, had
been shot at Broadway and rtixth street
by some person who had evidently robbed
him of his money and a valuable diamond
ring. She said Morrla staggered nnme
shortly after 11 o'clock with his tie and
collar torn off and hla shirt open, and the
person who had shot him had evidently
placed the revolver close against his
heart. She said she helped lit in to bed
and that In about half an hour he was
dead.' She -said he had refused to allow
her to call a doctor. To the police previ
ously she had claimed that Potta had de
clared he had been poisoned. .
When taken to. the court nouse, the
woman told a long, rambling and at tlmea
conflicting story to County Attorney He
and Sheriff Canning. She aald Potta had
told her he waa going to leave her and
that It had practically been arranged she
waa to return to her mother In Hanover,
Kan. Thla she followed up by saying
that Potts had arranged to marry her that
day, Tuesday, and that he had told her
to get her white drees ready for thu
weeding. She aald also , that ho had
parked up all their belongings. Vhls waa
found to be the case when a search of the
room occupied by the two waa made by
the sheriff later.
During the afternoon, while being ques
tioned by Sheriff Canning, the woman told
an entirely different story and Insisted that
Potts committed suicide. She said that
Potts returned to bed about 10:) or 11
I o'clock and that after they had been In
! bed some time siie vaa awakened by the
' sound of the shot, to find the room full of
smoke and Potts groaning by her side. "I
! have shot myself In the heart," she said
Potts told her. She said she then got up
and dressed herself.
When the woman called at the Joeh
rendt s' room she waa fully dreased, with
the exception of her shoes and stockings.
Pair Sot oa Goo4 Term.
Througli A. J. O'Hara, a former room
mate of Potts and a co-worker with him
in the auditing department of the Bur
lington, where Potta wa employed prior
to hla connection with the Hynes com.
pany. It wa learned that Potls and the
woman were not on good terms. Potts hav
ing tried for some time to get rid of her.
One of the woman's stories was Potts
turned in Monday night saying he waa
sirk, having drunk a glasa of beer which
h believed hud poison in It. Her theory
to support this yarn was that he told her
he was employed by F.lmer E. Thomas in
his tight against the saloons and that be.
isus of this some saloonkeeper had poi
soned him. As a matter of fact this story
la all fiction. He never worked for
Thomas, but had employed B. F. Thomas
a hi attorney when the woman, four
week ago. filed rrimlnul charges against
him in Omaha.
Then she said he had shot himself down
stair and staggered up stairs and died.
With a bullet hole in the heart the possi
bility of such a thing was knocked out.
Beside he only had on a night robe and
tCftoUiwed a Second Pag.)
NEBRASKA WEATHER FORECAST
Snorters and Colder In Western. Fair
In Rnstern Portion Wednesday.
Temperatnre at Omaha leslerdat
. . Hit
. . T
. . K1
. . tin
. . nt
. . i
. . !
S a. tn . . , . ,
A a. m
T a. m . . . . ,
N a. m. . . . ,
9 a. in
10 a. m
11 a. ni
SECRETARY'S LIPS ARE SEALED
Content of Potent nnd Mysterious
Paper Are Carefully tinnrded by
PHILADELPHIA. Oct. lfi.-.Mu h interest
has been aroused as to the nature of the
mysterious paper which halted the Weight
man iWOoOAin will contest In tho orphan's
court yesterday. Edward T. Davis, the
confidential secretary of the Ute William
WelgbUnan. aaid today:
"Before going into court yesterday I re
marked to my wife: 'The will contest
will not last as long as some people think.
In fact It will end with my own testimony.
If a certain paper written by Mr. Weigh' -man,
to which I wus the only witness. Is
still In existence and In the possession of
Mrs. Walker. This poper. if called for
and produced, will explain why Mr.
Welghtman made Ms daughter, Mrs.
Walker, ills sole legatee In his will of KC.
and so conclusively satisfy the attorneys
of Mrs. Wlster that no codicil exists, that
they would most likely abandon the case.'
"This proves to be the result."
When asked what was written on the
paper. Mr. Davis said:
"Having served Mr. Weiglilnian for more
than twenty-five years. I see no reason
why I should violate his confidence now
because ne !s dead."
The attorn.ys In the case would not dis
cuss the paper today.
REWARD GOES TO DEPOSITORS
Chleairo Tribune Tarns Money Paid
for Captarlna; Mtensland Over
to Receiver for Hank.
CHICAGO, Oct. 1.-The Chicago Clearing
House association today sent to James
Keeley. managing editor of the Chicago
Tribune, a chock for $5,00(, the amount
of the reward offered by the association
for the capture of Paul O. 8tcnsland, the
former president of the Milwaukee Avenue
State bank, who wa arrested In Tangier
and who la now serving a sentence In the
penitentiary at Jollet.
The check wa by Mr. Keeley, for the
Tribune, at once turned over to the re
ceiver of the bank to be Included among
the assets and ultimately distributed among
In addition to sending this check to the
receiver of the bank, the Tribune, which
bore the entire expense incident to the pur
suit, capture and return of Ktenslsnd, has
made a present to the taxpayers of Cook
county of the total sum expended in the
undertaking.- which amounted, to. another
U.0OO. ' r-
MISSIONARIES IN MINNEAPOLIS
Fourth Anaaal Episcopal Conference
of Sixth District Open
.MINNEAPOLIS. Minn., Oct. lt.-One of
the most Important missionary meetings
ever held In the Twin Cities will be held
at St. Mark' pro-cathedral, this city,
Thursday morning, for a four days' ses
sion. It Is the fourth annual Episcopal confer
ence of the Sixth missionary department,
which comprises the diocese and mission
ary districts of Colorado, Duluth, Iowa,
Kansas, Kansas City, Laramie, Minnesota,
Montana, Missouri, Nebraska, North Da
kota, Ballna and South Dakota.
Local Episcopalians are making prepara
tion to entertain more than 1.000 guests.
Including the chairman. Right Rev. D. D.
Tuttle, bishop of Missouri, and Secretary
Carroll M. Davis, both of St. Louis. Bishop
Tuttle will preside. The opening sermon
will be preached by the Right Rev. Dr.
L. R. Brewer, bishop of Montana.
MORMON PRESIDENT WINS SUIT
t'onrt Hold that He Cannot Be Com
pelled to Aceonnt for the
SALT LAKE CITY, Utah. Oct. l.-Joseph
F. Smith, president of the Mormon
church, can not be enjoined from using
the funds of the Mormon church in com
mercial enterprises, nor can he be com
pelled to render an accounting of the
tithing fund In his care as trustee of Die
church. Decision to this effect waa ren
dered today by Judge Morse of the state
district court, when he sustained the de
murrer filed in behalf of President Smith
in the case brought by Dou Carlos Mus.
ser and Charles A. Smurthwalte. former
member of the church. This Is the third
decision rendered by Judge Morse on the
points Involved, two previous petitions
filed by these plaintiffs having been de
nied. TEMPERANCE W0MEN MEET
World' Convention of the' W. C. T. I .
Will Begin In Boston Thl
BOSTON. Oct. U The world s conven
tion of the Women's Christian Temper
ance union will be opened In this city to
morrow. Thousands of members of the
organisation from all part of the world
have arrived or will be here by tomorrow
night. The president of the body. Lady
Henry Somerset, was unable to come, ow
ing to nine's, and the piesidlng officer at
the convention will be Mrs. Lillian M. N.
Stevens of Portland. Me., of the Na
tional Woman's . Christian Temperance
union. Of todi.y's arrivals waa Mrs. Ka
gajl Yajama. prescient of the Japanese
Woman's Christian Temperance union.
In order to vole at Hie coming elee
lion iinil at uleMjceiit primaries,
every elector in Omaha and Koulh
Omaha niunt appear peraonAiiy before
the registration board for his voting
district and have Ida name properly
enrolled. Xo previous registration
hold good thla year. Thursday, Oc
tober iM, la tha first registration day.
In order to vole
You Must Register.
HOW LAW IS EVADED
Chicago Elevator Owners Store Their Own
Graii by Temporarily Traneferrinc Iu
BR0KLRS FIX PRXES FOR GRAIN
Acreement at to How Vuch Shall Ea Bid
for Country CfTerims.
ELEVATOR MEN ELIMINATE COMPtTITION
Compaaiei Befma to Take Grain from
Each Ither for Etorace.
ARMCUR CONTROLS MANY COMPANIES
One nf Ills Employes as Hlddlna for
Grain U an Keea that There Is
little Profit In th
CHICAGO. Oct. lt-W. 8. Jackson, for
mer president of the Chicago Board of
Trade, was called as a witness at todsys
session of the Interstate Commerce com
mission to testify a to the practice of
owntr of elevators storing grain contrary
to law. He testified that he had known
of cases where grain had been stored In
elevators Unit belonged to the owners of
In such rases, he stated, however. It was
the custom to transfer the title of th
grain before storing It, thus tn a way com
plying with the letter of the law. After
the grain wa removed from the elevators,
ho aasertcd. It would be retransferred to
Several other grain men testified that
such a practice was in vogue and statiU
that they did not consider It In violation of
Board Hale Criticised.
Richard Gumbrlll. a Board of Tradt
broker, was tlie first witness called .today
when the Interstate Commerce commission
resumed its inquiry into the methods of
handling grain In the west and northwest.
Mr. Oambrllt declared that the rules of
the Chicago Board of Trade are clearly In
restraint of trnde" and, are rapidly making
the Chicago grain market. In the words cf
the witnesa, "a one-horse proposition."
"A rule Is posted In the Chicago Board
of Trade exchange," said Mr. Onmbrlll,
"which prevents me from going Into the
country and bidding for gra'R- That, to '
my mind, is detrimental to business and is
In restraint of trade."
Samuel Finney, another broker on the
Board of Trade, testified that there Is an
agreement between certain board of trad
men to bid certain prices for grain in tlie
country, and he named two Arms which he
declared are a party to thla' agreement.
Employes of theae firm wer at once
served with subpoenas.
President B. U Wlnehell of the Rock
Island road waa then called tn ell about
the purchase of elevator from th Ciiloaao
P.ocJc Island Elevator company for U.noo.ono,
concerning which Mr. Shafer testified yes
"President WlncheU'a , testimony covered
the details of the purchase of the elevators
and contained nothing sensational ,
Agreement Ansae Elevator - Men.
James Pettit, president of the Peavey
Grain company,' testified that up to slxiy
days ago there' Was Mn agreement among
six elevator companies whereby their
profits on the storage of grain were as
sured them, each agreeing to refrain from
taking grain from the warehouse of the
other for shortage. He said that this
agreement was dropped when the new rate
law went Into effect.
Mr. Pettit declared that the agreement
between the elevator compalilra provided
that each company should pay In tliree
flfths of 1 cent a bushel of the storage for
the first ten days, the money to be hept
In a fund to tie redistributed to tha com
panlea In proportion to the amount of
grain in each storage house. I'nder this
agreement, If no grain went out of the ,
stores, all of the money was returned. If
there were but two companies n tnft
agreement, and one allowed loO.OriO bushel
to be taken out, that company would get
back two-third of the amount it had paid
In and the other company would retain
one-third. Mr. Pettit declared that he was
not sure whether the new rate law would
permit of this agreemont, and not being
able to obtain a clear legal opinion aa to
it legality, he withdrew from the agree
ment. Those who had been in It with
him, he said, were the Armour Klevator
company. Calumet Klevstor company, Cen
tral Klevator company, Houth Chicago Kle
vator company and the J. Rosenbaum
The witneea said that the agreement did
not prevent competition, but declared that
it allowed the bidding of a higher price
for grain In the country.
Little Proflt la Baalaess.
Secretary Jame of the Armour Elevator
company and Armour Grain company was
the next witness. He said the Armour in
terest control besides these two companies
the Neola Klevator company, Milwaukee
Elevator company and the Bputhweatern
Klevator company. He said that the officer
in all these -companies were practically tha
same. The Neola company, he asaert'S,
leased ome elevators from the Chicago!
Burlington Qulncy Railroad company at
the rate of 13,500 a quarter, the railroad
paying taxes, Insurance and repair.
George Marcy, president of the two com
panies bearing Mr. Armour's name, wi th
next witness. He declared that the bid
ding on grain in the country la so keen
and there are so many commission men
In Chicago after it that by the time the
gralu reaches Chicago there Is llttl proflt
When asked about the rul on the Chi
cago Board of Trade prices to be bid on
country grain, especially a to Its fair
ness. Mr. Marcy declared that It wus not
fair and that he voted against it.
J. P. Rumsey of Rumsey A ('., f,,r
fifty years a member of the Chicago Board
of Trade. 'then took tho stand and dr.
dared that be Is uno,ullfiedly In favor of
the grain dealers' uirvx Hons and In favor
of discouraging farmer n n,e elevator
He said It was not fair to ciiininisMj.iu
men who dl hoiieitly and that this stale
of a (Tans should nut" he allowed to go on.
He concluded his testimony with the re
mark: "The grain dealers sre the most lion, r
ablo men a a clasa in tho wot Id."
iVa Nay Have 4eroupl.
NKW YORK. Oct. 1. -That another r r
ou may be. Indlrtd with Hirry Thaw
for the murder of Hlanford While waa fcii
ttlnuud by District Attorney Jrromv today.
Mr. Jmuiuu indicated that such an indict
ment might be found during an sicuiiiei,i
before ItM-ordtr (ofT aa to the right ,.f th
district attorney to leau further grand Jury
sul;'a.'ua IU IA cast. '