Omaha daily bee. (Omaha [Neb.]) 187?-1922, October 17, 1906, Image 1
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 Ucohaactd. COMPANY RELIES UPON TECHNICALITY Altera? lay af the Subsidiary IMMtln Ara oa Trial Attempt . Jnstlfy Combination of Capital. 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 of 100.. 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 case. 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 contempt proceedings. 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. Ararameata Begin. 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 Ohio. . 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 Phis X. 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 republic. 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 Algeria. - .;v 'v ' 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 Stop It. 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 Coral Strands. 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. Register Tomorrow. 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 Bill. 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 j association. ' 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 nual address1. 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 Institutions. 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 elected: 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 , saving. ! 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 drawal. . 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 Pneumonia. 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 end. 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 illness. 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 the City. 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 city. BAD AUTOMOBILE ACCIDENT Four Person Injored and Two May Die aa Result of Col. lialon. 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 and hands. 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 in flames. CORN FAMINE IN MEXICO Governor of Jalisco Ask President Dins to Remove Daty . on American Prssnrl, 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 on Trip. 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 ' houses. Sir Walter declined to any. In reply to direct question, whether or not he waa here on official business for his government. Register Tomorrow. 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 Committed. 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 of suicide 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 discovered. 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. Thursday Knlr. Temperatnre at Omaha leslerdat llonr. le. llonr, J . X P. .1 p. P. p. . T P. H p. l p. Pea. . . . . 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 13 m M fW .Vi RT to (U tin SECRETARY'S LIPS ARE SEALED Content of Potent nnd Mysterious Paper Are Carefully tinnrded by All Interested. 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 the depositors. 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 Tharadar. .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 Tithing Fund. 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 Morning. 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. Register Tomorrow. 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 Dnslness. 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 the warehouses. 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 the owner. Several other grain men testified that such a practice was in vogue and statiU that they did not consider It In violation of the law. 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 terday, 'v.:. "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 Oraln company. 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 in it. 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 buxlnrfc. 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. '