Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 14, 1906)
OMAHA, WEDNESDAY" MORNING, ! NOVEMBER 14, 1W6-TEN PAOES. SINGLE COPY THREE CENTS. A V V 1 ON THE DEATH LIST Sum:d Trroriit Makes aa Iffort t Kill a, Geueral Remfikampff. LCSIVE IN BCMB IS CHILLED It Tails to Cto (ff When Throwa and CSkir Ercarfg Itjurj. WOULO BE ASSASSIN IS ARRESTED RiiMktmpfTi Two Aidei-d-Carap Ra ceifo Elitht Coatriiiona. PRISONER REFUSES TO REVEAL IDENTITY On Arrangement Before Urnmliend Conrt-Martlal, He Says Me Is llrmbrr of Social Ren Intlonnry Society. IRKUTSK. Slb-rln, Nov. IJ.-lt n.u owing the chilling of the explosive that the bom') thrown at General RennekampfT. governor of Transbaikalia, yesterday failed in Injure him. Rennekampff s o aides-de-camp escaped with sligl A- 's'ons. The general has been on tlK .j.'-i 'M"' "death lint" for kihw time on t. fj(y bis severity In repressing mutlri. ''t?ru armed 'revolts In Transbaikalia In L ber. The would-be assassin lay In wait U the general on Amur street, where he Is accustomed to promenade. As the general approached the terrorist arose from a .bench, threw the bomb and started to run. but was Immediately captured, the general idlng In selrlng him. A revolver waa und on the prisoner's person. Within ir hours after throwing the bomb he w;is Toed on trlul before a drumhead court- artlal. The prisoner, who had not been rVntiflori. admits that he Is a member of the social revolutionary organization. Rhetabot'a Assailant Identified. MOSCOW, Nov, IS. The police have iden tified the man who yesterday threw a bomb nt General Rholnbot, the prefect of police, as a brother or Vladimir Mazury, the leader of the flying group of terrorists, who wns raptured here, September 12 and executed September 11 . for the murder of Colonel von Ieshinikon of the secret serv ice. A third brother, Sorgel Mazury, was executed for participation In the St. Peters burg ciiMon,.- robbery, and a fourth Is now In prison iiv.fl for membership In the revolutionary organization. General Rholnbot defends his action In shooting the terrorist after the latter had been seised by two of the policemen on the ground that Maiury ws making a desper ate struggle to escape and succeeded In drawing n. revolver and firing a shot at the refect of police. A daughter of General Benevsky, ex vernor general of Amur province.- ha been condemned to ten years' Imprison ment at hard labor for participation In the Plot to kill ex-Governor General Dubassoff of Moscow. Mile. Benevsky'a hand was Mown off while preparing a bomb. This led to her detection and conviction. Mile. - Meneyek,. who. be. only, 24 rear aid. and beautiful,- wa-wmrrle0, while m prison to another political prisoner. A revolutionist, supposed to be Maaury's accomplice, was killed today by falling four stories while' trying to escape from the police -over ' housetops. During the swearing In of conscripts here disorders broke out, over half of them re fusing to take the usual oath of loyalty to the emperor on account of the phrase pledging- ' them to defend tils majesty ngainst all Interior enemies Troop were summoned, but bloodshed was finally verted. ' Wltte at SI. I'cf' -eg. BT. PETERSBURG, N .v.-. The antral of Count Wltte here -.. . Jay created scarcely- a ripple on tho su.uico of Rus t-Ian politics. In contrast with his recep tion after his . loturn from Portsmouth, when a -.throng gathered at the railroad ' station to greet him and the street In front of his house was blocked the following day by the carriages of high personage coming to pay their respect o the man of tha hour, the count was met at the depot by only Baron Aide and a few reporters, and ha received very 'tow callers this morning. The rre arrivals were closely scrutinised l y agents of the secret police on account of t he reported threats of assassination. Count Wltte denied himself to reporters and de--tllned to make a statement regarding his reported Intention of resigning his seat In the council of the empire and being a can didate for election to Parliament. The con. Htltutional democrat are eager to receive him In their ranks In case he decides to be u candidate. Leniency foe Jews. It Is authoritatively stated that measure for relieving the Jew of many of their disabilities will be published a temporary legislation before the convocation of Par liament, as foreshadowed In Premier Btoiy Pin's communication of September ft. The . .mi enl Cl me rrorm is still a matter I pn Frajiaoo. Federal agents have bcii for dlscuMlon by tho cablnot, but they coin- I at work for several weeks In Kern county, prise permission for Jews to live In th ' tom their preliminary reports it is believed country a, well aa tn the cltlee within the , that the manner In which the land was se pale and the removal of certain restriction cured will warrant Indictments on the part Placed on Jewish merchant and artisan In 0f the federal grand jury. The evidence gatu . Hlrs outsldu the pale. The full settlement red by these agents will be placed In the of the Jewish problem Is left to Parliament, ' bMds of United States Attorney Robert T. " "'"'"i yen- ture deeply Into the matter for fear of stirring up a storm of unti-samltlo opposition. IIITAU, Courlan. punitive expedition J rag In the. Krcutab f la: few weeks kill i longing to a revi MIT AU. Courland, Russia. Nov. 13. A which ha been operat- wrcutaberg district during the tilled ninety peasant bi- revelutlonary organisation tunned, the "Forest Brothers, who levied tribute ou the surrounding country. Sev eral robbers have been tried by drumluad court-martial uud cxecuttd at Jakotntadt. NO UNITED DEMONSTRATION Gibraltar Denies that British Jeia rraave la Action Agra last Morocco, i.OKDOX, Nov. U. The reports fmm ' Lialiur that preparations, are being ui-i "i- mi Anglo-French naval demonstration oif Tangitr are officially declared to be iNoneous, Fire oh Cnaard Liner. QUEliNSTOWJT. Nov. 11-On the arrival of the Cmi.rJ line steagiar Caronla, off Ruche s Point at tb,e ntranc of the har- k'-'r tills inorr.liig It was reported that fire fci.-ke out ou board during the voraga. ' k.t It wn rxCpgulthc-u. f.wu I tier May kicitMl Parana. LONDON. Nov, 11-jirard A. Iiwth I . fh" British lnlnisUr al 1 angler, in ni - ,i. .. . i . . . . i , . . or, nien- tiiined ax ilia possible fcuci-ebor of Sir Mor timer Durund as uinliasosdor ut Gi ?t H Washing ion. BAPTISTS IN CONFERENCE Prominent Minister and Laymen Meet In St. Loala fur Interchansc of Opinions. ST. LOT" 18, Nov. IS. Prominent Bap tist ministers and laymen from nil over the country were assembled' at the open ing session of the nutlonnl Baptist con gress, which convened In the Seeotid B:ip t list church today. The congress will bo In session for three days and will devote niurh of the time to discussion, of select cu topics. Addresses of welcome were delivered by Rev. Nanthall Luiwk. pastor of the Union Methodist Episcopal church, St. Louis, on behalf of the Christian com munity, and Rev. W. C. Bitting of Sjt. IamiIs, on behalf of the Baptist church. President R. II. Jesse of the Missouri State university, Columbia, who is also president of the rongrcss, was detained at home by Illness, and Vice President J. P. Rlggs, president of Hhurtleff col lege, upper Alton, 111., responded. The topic . taken up for dlsrusslon at the opening session wus: "What Changes Aro Needed In the Motive and Method of Foreign Missions," being Introduced by three speakers, Dr. R. I.. Jones, of Chatta nooga, Tenn., Prof. J. H. Strong of Rochester. X. Y.. and Dr. O. P. Gilford of Buffnlo, N. Y. The first session was held this after noon, and prior to the Introduction and discussion of the session's topic, Secre tary Rev. Theodore A. K. Gessler of Land ing, N. J., read the rules governing the congress, stating in effect that the ob- -t of the assembly Is to promote a sentiment among Baptists , -h free discussion of current re- f i..,. titA that Yin fs.nltltlntlS or .Vis shall be entertained during the v .Ire conference. No business of any kind shall be transacted. Another session was held tonight at which the topic for dlsrusslon was 'The Kthlcs of the Competitive System In Business," being Introduced by Mr. Augustus L. Abbott of St. Louis and Rev. B. A. Oreene of Evanston, 111. VALUE OF THE BURLINGTON Experts In Missouri Rate Hearing; Say Road Rates Itself Entirely Too High. JCANSA8 CITY. Mo.. Nov. 13-In tha hearing of the Burlington maximum freight rate case today the state of Missouri In troduced the testimony of two veteran rail road builders to controvert the assertion of the Burlington that Its track In Mis souri cost at least $46,000 a mile. W. R. Stubbs, speaker of tho Kansas legis' 'ure. and who built part of the Burllnston In Miaou ri, declared tho total cost of the lino could not have been rnoro than ns.'Jff) per mile. , . Bernard Corrlgar, president of the Metro politan Street Railway company of this city and for thirty years one of the leading railroad contractors In the west, put the outside limit of coat of the Burlington main line In MiHsouri ut VK'.Ooa per mile. E. M. Fisher of St. Paul, the expert ac countant employed by the state of Mis souri to examine the books of the Bur lington, testified that In. Missouri the rate for lua pounds for a twt hundred mile haul for first olas freight Is 00 cents, while, In. Iowa the rate Is 10 cents and. in Illinois 39 1-10 cents. Illinois and Iowa, the wlt- nesa said, have maximum freight rate laws. The Burlington freight rs,tes In " Missouri were 'JO to X per cent higher than on the same road in Illinois. On first class freight the witness said the Burlington charged tn Missouri for 100 pounds 40 cents per hun dred miles; In' Iowa the rate wag ?t cents and In Illinois S-W cents. Kor ISO miles the rate per hundred mile In Missouri, the witness, said, .was GO cents, while in Iowa it was S3 rents and In Illinois 88 1-10 cents. On third class freight the rate for 100 pound In Missouri for I'M) miles was 2t cents. In Iowa lt ce - mid In Illinois S-K cents. The figures kept up tne sin. ic portio-u through the different classes, the rates In Missouri always being tho highest and In Iowa the lowest on short hauls and in Illinois the lowest on long hauls. ONE CALIFORNIA LAND DEAL Staadard Oil Compear Mar e Coat' veiled Explain Its Actloas la Ceart. SAN FRANCISCO. Nov. 13.-The Call to day says that It became known In federal circles yesterday that recent locations of land in Kern eOunty bv agents of the Standard Oil compan? ae been 'made the subject of Investlrjcior iy government of flcials. As a result, it le asserted, Indict nients will follow. Tne land was taken up by the petroleum combine ostenliously fo the gypsum deposits, but In reality for oil purposes. . That the character of the land had been carefully studied Is shown by the fact that a flowing oil well has already been developed. The Inquiry Is being made through th OH1C0 oi i.n imi siklw Aiiorncv ufi 1111 ill iievlln. who will In turn forward It to Washington to the attorney general. INDICTMENTS FOR PEONAGE Dcpaty sheriff la Alabama Ameng These Accaaed of Conspiracy t Hold Men. MOBILE. Ala.. Nov. 13. Another indict ment, charging conspiracy to commit peonage, was returned last night by the United Suites grand Jury at Pensacoli, Fla.. against W. S. Harlan, manager of the Jackson lAimbcr company of Lockpiurt, Ala.; Robert Gallagher, woods foreman of the company; Oscar Sanders, an Interpreter, and John Atwell, a deputy sheriff or Walten county. The Indictment relate to a conspirafy to detain against thoir wills and commit to a condition of peouag two foreigner, whose location Is at present unknown. FINE AND PRISON FOR BANKER Waester Man Pleade GntKy. to Coa aplracr ta w reek Baak la Ohio, CLEVELAND. Nov. 1S.-J. R Zimmerman pleaded guilty to the cnarge or conspiring to wreck a rational bank In the federal court here today ant was sentenced serve iwo years in ine penitentiary aad to pav a tine of llO.OuO. .inuneriuan was tha chairman of the board of director of the Woobter Natiunul Ijunk, whl.il failej aljoul tno years ago. R1CII1RDS STORIES LTRl)E I feutor Warrei Assarts Oommiiiioaer Eelirrs Voluntarily. PRESIDENT DESIRES HIM TO REMAIN More Money Available for Reclama tion Work Seat Year Than In the Season Jast (online; to r Close. (From a Staff Correspondent.) I J l"n'"' a or . iiaa-eriuii. WASHINGTON. Nov. 13.-(8peciul Tel.- Mass.. has been appointed by Attorney gram.l-Senator Francis E. Warren of Wy- I Oneral Moody to have charge of violations, oming arrived In Washington this morning Th'' "rney general s letter, after call and Is a guest at the New Wlllard. Sen- "'f1"1'"" of '" United States nttor- ator Warren comes to Washington at this tlu' tKhl-ho'"- '" continues: time to get work which will devolve upon his committee the committee on military affairs well started before the opening of congress. Senatur Warren, when asked If there Is any truth In the statement which appeared . . l , , . , ' """""' iiiorning in a nuniuer oi papers ui the effect that Commissioner W. A. Rich- n,,u ,. i... i i u.u.i ..i.- 1 1 iiu'-r-iii ,,y mi; i, i i-niucii i. Vl it-- .,. ... . , . , , . sign his office as commissioner of th-i land oflice and the further fact that he had vainly Interceded with the president to e- , " . , . . vu.c iririjuuii in iMHi IIIHI.B ii uu.- i ernor Richards, said: 1 -That statement Is Ir.corir.i In every par- j ticular. I have not asked for hie reten- j tlon for two reasons: First, Governor Rich- .Ms- retirement was not re.pies.ed by the president nor desired. Second. Mr. Rich- I ards decided last' spring to retire upon tho , expiration of a full eight years of service In the general lan Iflee and Informed me of his decision, io. well as other friends. and the secretary of Interior, Mr. Hitch cock, and assistant secretary. Judge Ryan. His term expire In Kebraury, but he will not retire till March 4. I have often asked Richards to reconsider his determination to retire, but he was positive, and I there fore ceased to urge further." General George Stench Head. General George W. II. Stouch, .U. 8. A., retired, died at the General hospital at A'nshlngton barracks yesterday aftemoo Yter a protracted lllnes. He retirea u- 1804 and entered the Indian service, having served a United States Indian agent at the North Cheyenne and also at the Crow agency In Montana and at several agencies In the Dakotas. His last official position under the Indian bureau was the post of bonded school superintendent for the Chey- ennes and Arspahoes in Oklahomu, which position he resigned In July last. A daugh ter, the wife of Captain J. IL MoRae of the general staff, and son, George Slouch, who Is In business In San Francisco, sur vive him. More Meaer for Irrigation. The reclamation service officials are greatly pleased over the prospects or Increased sums being turned over to them this year for reclamation projects from the sale of public lands. Two year ago they called upon the general land office for an estimate as, to about how much they might expect to receive for their tund from th sale of public, lands. Commissioner Richards looked . into tlio matter and estimated that ..they, mlallt count on $3,4flO,000 year for three years. Commlsslonet Rleharde aald today, he was agreeably urprised to Irani h had underestimated the net returns from tho sale of public lands. ' Last year $4,850,000 were turned over to the reclamation fund and this year It appears, from a careful estimate, that $4,750,000 trill be realised. There has been during the first 'uarter of this year an apparent Increase of $75U,- 000 over the corresponding uuarter of last year, secretary Wilson Retaras. Secretary of Agriculture Wilson returned today from Iowa, where he took an active part In the campaign and visited for a week after election. He said that Iowa and other corn state furnish no exception tn the rule In regard to needing farm hands for th harvesting, of crops.. The corn crop Is enormous and farmers are offering 4 conts a bushel for huskers. This enables good men to make from $3 to $4.50 a day and board. Minor Mention. Postmasters appointed: Nebraska, Wil liams. Thayer county, Joseph C. L . vice C. H. Lugenbeel, resigned; Wyoming, Alts, Uintah county, Polly A. Clement vice T. R. Wilson, resigned. Rural carriers appointed for Nebraska routes: Elm Creek, route No. 1( William A- Clarke, carrier; Allle Clark, substitute. Howell, route No. 4, Joseph F. Herout. carrier; Joseph J. HajeW, substitute. Mndsay, route No. 3, Krlston Jensen, carrier; A. J. Jensen, substitute. Rural route No. 4 has been ordered es tablished January IS, at Melrose. Monroe county, la., serving 450 people and ninety families. ONE ARREST IN PITTSBURG Police Think They Have the Man W be Killed Harry K. Smith Sunday Morning. PITTSBURG. Nov. 13. The jrfilice to night expres confluence In having under urreut the slayer of Harry F. Smith, who was killed In his home by a burglar, Charles Bucdnl. the Italian arrested Inst night with a wounded hand, had the bul let extracted today. H is of 3a-eallb, the sise of the bullet fired from Smith's j gun tn the fight with the burglar. Bucelnl ha also been Identified through people who claimed they saw him in the neighborhood of the Smith home. , Tito reward for the arrest of the slayers vhat ,t 8tanU(1 Kur. of Smith and James E. McMillan, who was Th8 ppe of the convention Is to or murdered a week ago. have been augmented. Kan)l brotherhood to include the -v-by Jl.tiwi, authorised by tho city. This ac- ffIvi , so letlcs. clubs and Bible lion was taken by the finance committee classes within the church. - It Is thought of the council, following the action of the that within a short time an organization council last night In providing for INK more with a membership of over 4ou.wj will be police. , the outcome of "ihe present gathering. Many holdups wert reported today, the1 The convention will bo In session until criminals In every Instance escaping. Wholesale arrests are being made of men without apparent occupation. KANSAS BANK IS ROBBED laidratiaed Man Locks Cashier aud t Clerks la Vault and Escape with 91,0041. i NEWTUN. Kan., Nov. IS. -The Midland National bank In Newton was held up thl afternoon by one man and robbed of about ll.ww In curreucy. The robber wa tall, slight, of light complexion and about 3 years of age. He presented a letter to Merman Suderman, the cashier. stating who he wa and what he wanted, al-( .dvWng tb clerks and bvstangers j lhat th(.y woulJ n, dio together should to!any ..rfui, be made tu detain him. Six persons were tu the rwnk and all were (Hdered into the vault and locked In. Tha robber then secured what currency In sight and ncapnl. Th bank's 1 fully covered Ly lueuraue was1 loss mocdy.instructs attorneys Clght-llnnr I, aw Mast Re Enforced on Public Work of Inlted Kates. WASHINGTON. Nov. 13. Attorney Urn- I nrsl . Moody today Issued Instructions to Vnlted States attorneys regarding proseru 1 1 1 1 n of the violation of the eight-hour law in which he says the government is de termined upon a strict enforcement of this statute as relating to. public works of the United States. In the last ten week, ns many as 309 al- kgrd violations have been reported. i i it- -i iiirir-iii. ta ,iti"-i iiiiurtl upuil strict enforcement of this statute, nnd you are directed diligently t' Investigate all Complaints which mav come to you from any murce of violations of this law, and upon your own initiative to make In vestigation If there apears to you to be any i-eammiihln croiind for mismcllna vio- IMIKFI1 HUB ItfW. Ill l--I.V IVm 111 IIIVII you ,.Bn .,.,.,., snfflebipt evidence you will submit that evidence to the minl Jury. with a view to securing an Indictment. i our aiienuon is pumcuiariy oirecia in th exception In the firm Hectlou of Statute md.-r which laborers nnd n'-! j """ 1 mere than light hours in a calendar day ' In case of ex-i .... i ... j. ... 1 traonlinary emergency. In a recent cao in the district of Ma.sa- fip lnt' ;,udr d,-f1ll'd ,nat I'hrusc. as extraordinary emergency, such as I contemplated by the act. la the sudden, IJsuh mondlng prompt action to avert imminent danger to life. limb. heaJili or property. I no powiDllliy ot UMUB'-i li.'i jin..J.i. The nerll must be certain, unusual. Imiui- nent and actual In order to constitute an extraordinary emergency such 0s the Htat uto contemplates." . Judge Dodge also rfcled that probable pecuniary los to the . contractor, unless due to an extraordinary emergency, as defined above, ie only an ordinary business HmIc I desire to impress on you the Impor tance of using every effort to execute Hctlou directions, of being vlgllunt and active In this matter. . m You will make prompt and full report to me of all caaes and of your action thereupon with your reasons therefor. You will report immediately the action of the grand Jurv and the results of ajl trials, with a tperiflc statement of the penaity imposed- GRAND JURY AT ST. LOUIS Federal Inquisitor. Under special Attorney. Will Probe Shortage tn the' Sub-Treasury. BT. LOUIS, Nov. The federal grand jury will convene tomorrow and according to Information just made known at tho federal building the Investigation Into the shortage of $61,500 in the St. Louis nub treasury Is the first inattnr to be taken up. The shortage waif traced to the department of Receiving Teller T. P. Dyer, Jr.. whose father Colonel D. F. Dyer, Is the United States district attorney. Because of tho relationship Colonel Dytr has been temporarily relieved from taking part In the subtreasurr Investigation at Ida own request and the government has ap pointed F. W. Lehmann .'to act Instead. Secret Service Chief Wilkto and Assist ant United States Treasurer Baiita arrived from Washington today, and it Is believed they will go beforetbe federal . grapd Jury tomorrow and esilfy .. concerning-, their Investigations into the sub-treasury shortage. It Is stated' that between thirty and forty subpoenaes have been Issued for witnesses to appear and testify... THAW'S NEW JOUNSEL TALKS California Lawyer Saya He Accepted Place After Two Others . Had Declined. ', - NEW YORK, Nov. 13. D. M. Dolmas, the California lawyer engaged as chler counsel for Harry K. Thaw, said t.xiay mat no had visited Thaw In his cell In the Tombs prison and found hint a nervous wreck. Mr. Delmas said: "Judging from my single Interview with him, which took place, yesterday after noon, the young man is laboring under great excitement and is evidently of a highly nervous te.nperament. "It '. true," amid Mr. Delmas. "that some time ago Joseph H. Choate was appointed in behalf of Mr. Thaw by his Pittsburg attorney, David B. Watson. Mr. Choate declined a retainer. John K. Parsons also was appointed, but he declined to take the case, that he was too old for such active service. Now, so far as I know, there will lie no other New York lawyer concerned." Mr. Dclniiis said he had not been in formed a to when the case would be called, but believed It would come up some time In December. PRESBYTERIAN MEN MEET Hiuqirt Precedes Opening ul Sationul Convention of the Brotherhood In Indianapolis. INDIANAPOLIS. Ind.. Nov. IS. Hul H. Hanna of this city a the toustmusu-r at the banquet tonight of tho delegates here to Httend the llcsbyteiiaii Brother hood national convention, which opens to morrow morning. Responses were made oy Rev. Charles William Gordon of Winni peg. .Muiuiooa; vwmani . i.niy oi l'iiu burg and J. A. McDonald, editor r the Toronto Globe. Tile fh-at eession of the convention will open tomorrow morning ut 10 o'clock. Dr. W. II. Roberts will deliver the first ad dresM of tho convention. He will lake for his tonic "The Presbvterian Brotherhood: Thursday PEARY TO MAKE NEW TRIP Malae Says Arctic Explorer Will Agalu Try for Pole Xext Year. ! BL'CKSPOHT. Me., Nov. li commander Robert E. Peary, the Arctic explorer, who Us returning to the United States with iiie record of "farthest uorth, will mal an other attempt to reach the North Pole- n The explorer's f-hlp. the Roosevelt, was built in this town and It is recalled that when Commander Peary was he ha aii that if he did not succeed this yer he would positively make another attempt in 17. provided he did not lose hi vese.-l. f lUpatche from Communder Peary sp.-ak : well of the Ice lighting and seaworthy I unalltie of the Roosevelt, und lo.-ul ahin ping men think that with it few repairs . should oe reaoy ui ui iKe in trip north i" next seaso, Mt'NCER DELAYS DECISION Jade dean Areumeet oi Teohnioal Foiit i Bichtrdi-Comitock Cat. MANY LAWYtRS INTERESTED IN IT Motion to eaash the Indictment Is eit Mep I ndertaken by Attorneys for the Defense. At the opening of the federal court Tuesday morning many leading attorneys were present to hear Judge Hunger s de cision In regard to the demurrer of the government attorneys to the plea In abate ment presented by the attorneys for Rich ards Comstock, the cattle men. to the Indictment against their clients. But they will have to wait another week, for the court has drferred the case until next Monday. After disposing of nevrral mnttcrs of minor Importance Judge Manger said: "I have not had time to look over the demurrer to tho plea In abatement, but i counsel may pioceen wnn argument on tnc th.-!motloI1 lo iash ,, .ld.,.trr;(in. nie ' ,i H . Q tho It dittment tile same " tho demurrer had been disposed of. Mr. Ourley of counsel for Richards &. ... Comstock said: "If the demurrer U sus tained against us we will at once file a mo. tlon to quash the Indictment." Mr. RubIi of counsel for the government at once gave notice nf exceptions lo the motion to quash, which the court decided as well taken. tiurley Argues Motion. Mr. Gurley thereupon proceeded lo argue tho motion to quash, In which there were two propositions, both of which would be argued as one motion. "This indictment," he said, "consists of 6o) pages, of forty counts, thirty-one of which-are for conspiracy, seven for con spiracy, to suborn perjury and two for fraudulent filings. We rhall raise no point which affects tho validity of the Indict ment, which we bellovo to be the absolute truth. It Is not alleged anywhere In the Indictment that any of tho persons making filing wan qualified to make entries. This wc think Is essential under paragraph 2CS9 of the United States statutes which de scribes the qualifications of entrymen of public lands. The Indictment lia. failed to charge an offence and falls to disclose what charge Is made against the defendants. It falls to show that the defendants con spired to obtain uso and possession of tho lands In controversy, but to defraud the government of title. There Is. no allega tion In the. Indictment that any attempt was made to defraud the United States out of title to the lands, but merely for use and occupancy." Step Toward Title. Mr. Rush We maintain that the charge of use and possession is an incidental step toward getting title. "The use and possession of land and the acquirement of title are two entirely dif ferent and distinct propositions.." rejoined Gurley. "We have the constitutional right to know that this Indictment has been drawn with the fact before the grand Jury which drew It. This Indictment was not drawn to meet facts In this particular case. but. from fact obtained from' other, cases. We will show that counts In this indict ! ment were taken from counts In other In dictments that have already been disposed of. Iu many Instances the indictment Is an ungramnmtlcal jumble of words, senseless and Indefinite, whh.-h renders It fatally de fective. Many of these . counts arc but mimeograph copies of counts which go out from, the Department of Justice day by day without regnrd to the facts In each individual esse. The counts charging per jury aro fatally defective from the fact that they iio not allege, completion of the act of perjury. The indictment 'as' a whole absolutely fails to charge a crime and falls to show that the defendants did In tend to do Certain things." Mr. Gurley's argument was continued un til tho hour of closing court Tuesday after noon and the hearing was adjourned In H:30 Monday next. Mr. Woodrough will continue the argument for the defense at that time and will be followed by Mr. Hall. Tho closing argument will bu made by Mr. Rush fur the government. The continuance of tho case Is made In order that Judge Munger may cuusult the authorities in the case, of which there are a vast number. AMENDED BILL IX FEXCE CASES Paper Will Be Filed by Uoss Agalast . Several Cattlemen. District Attorney Goes will file an amended bill In the United States circuit court Wednesday marnlng In the case of the United States against It. B. Reed and Charles Teeter, Burt Lotsplch and William lAjtsplch, Wed Stuckey. S. S. Bears, J. H. Minor. James Wright, C- C. Coble end W. V. Coble, Terry A. Ycost. I'Yank Gilfoll and William Diemer, Edward Meyers, Elmer E. lxiwe. Harry. Haythorne, David Holloway, K. G. lloxie nnd E. M. Searle, .dani Uiller. Claren.-e M. Miller; William iC. Miller, Charles K. Nevlu. Wili;un E. C'outes and C. K. Kelley. The purpose Is to rnju them from maintaining certain fences around public lands adjacent to the North Platte forest reserve. The amount of land outside the r.s rve illegally under fence approximates 3nu,uu acree, divided among the several defendants. A slnil'ii' cae against the same defend ants Is already pending In the United States courts, but this action Is a supple mental bill. Undr a ruling of the Inter ior department great tracts of land within the North Platte forest reserve are leasod to the defendants, but the now charge against thtm is that thev have permitted thrlr fences lo encroach upon lands ad jacent to the forest reserves, and this action is to compel the removal of these encroaching fences und to enjoin th de- fendants from maintaining the fence on th public lands outside the forest reserve. -. . . HtLI !- i n " K, M. ALLKX Court Sustain On Demurrer nnd Knock Oct Other. , Judge Monger' handed down a opinion Tuesday morning sustaining the demurrer as to the first count of the indictment agaiuvt R. M. Allen, who 1 charged with Illegally fencing large trai ts of land in Cherry county. The demurr.r lo the third f count 1 overruled, fhe count of the In dictment to which the demurrer is sus tained is that the offense charged waa not ufficieat t constitute an Intentional of- fee agaittst th law. of the United States. Tn, .ttarnevs for th government uv. - - - tic of exceptions to the ruling, Jen&en at Swan, merchants of Bradish, Loon county, have brought 'suit In the United Statts circuit ' court against the Palatine Insurance company of England to it-cover on a fire Insurance policy, a. king Judgment for $3,0u0 at 7 per cent Interest from January 1., l6. tno date of the fire whiiii Ueiroed their establishment. The - I ... ; nun.ferrtd freun the dlsrrlr-t ......... It t,j Boone eounty. It was once before In , , . Continued on Second Puge.i NEBRASKA WEATHER FORECAST Fair Wednesday and Warmer la K.ast Portion. Thursday Fair. Temperature at Omaha Yesterday I Hoar. Ura. . . . . 2 . . 2tH . . VT . . ley . . iiN . . an Hoar. . 1 p. a p. . p. v. R p. p T P. H p. V p. Pea;. . . U1 . . . . :io . . ao . . mi . . at . . : . . an ft a. m . 'A a. m . T a . tn . N a. m . A a. m . to a. ni. 11 a. m. 1J ni.. . . i DISCHARGE OF NEGRO TROOPS I War Department Will Make Pa blip Rensons Bark of Order Issued ! President. WASHINGTON, Nov. 13. The Wnr de partment mails are heavy with letters pro testing against the discharge without honor of the three companies of the Twenty irth Infantry, colored. Most or these origi nate In Massachusetts, but nearly every section of the country is represented. They con bu of no uvall. now, it Is said, because the action was taken by direction of the president, who alone can relieve the sever ity of the order. Most of the communica tion, according to the department, rewal ignorance of Important facts connected with the case, so Acting Secretary Oliver has ordered the printing in pamphlet form of the report of Colonel Blxby, who made the original investigation Into the rioting at Biownvllle last August, by some of the members of tho Twenty-ltfth Infantry. " well as the farther report of Inspector General Garllngton, and these pamphlets will be supplied to the correspondents. OKLAHOMA CITY. Okla., Nov. K To it correspondent to the Associated Press In an Interview' over the telephone frorrl Fort Reno. Major Clark of the! Twenty-sixth infantry, said: "The order for dismissal of the negro troops haj not been received. No officers have been arrested. Major Penrose Is com manding the post, and I, who came here with the Twenty-sixth battalion from Fort Sam Houston, Texas, am simply acting in conjunction with Major Penrose. Wo do not know when the order to dismiss the troo:m will come.'' HAVANA. Nov. l:i Lieutenant Colonel William L. Pitcher's attention was called tonight to an article in an American news paper declaring that President Roosevelt had directed that an Immediate report bo requested from hini as to wh-thev he had hern correctly reported as denouncing nearo troops while at Fort gheridan last year. In reply Lieutenant Pitcher said he had never entertained and had never expressed such sentiment. He v ned that lie had served with colored troops In the past and had accn them do heroic lighting. RACE TALK JN CONVENTION Southern Industrial Association Dis cusses Mean of Attracting; White linmlsrnnta. NASHVILLE. Tenn., Nov. 13.-The south ern quarantine and Immigration conven tion, which at noon today assumed Its new title of Southern Immigration and Indus trial association, concluded its business to- niKht, tho closing session being devoted to b reading of several papers on pertlneut topic. The report of the committee on quaran tine, which was adopted during the day, advocated that the conference take no action in advising transfers of maritime ,0 .m' York for export In order to secure quarantines to the federal government by 1 concession below the tariff rate, thoso slates that have not already ma.le w- A. McGowen, the agent of the Nickel transfers, ft being the sense of the com- j rlut who collected tho rate for the shlj mlltee that euch state, should be left ut ' "1BMl vering the entire distance and dii.-lilx-rty to act as il sees lit. i tribuUd it among the participating rall- Wlth tho matter of quarantine eliminated 1 road' charged with making a concession the conference devoted its time almost en- ! vt a l "nt8 a honored pounds on that tlrely to a discussion of the immigration Por,lon of tn fiance between Kansas problem. Under Ihls head the race ques- Clt' ni Chicago. It was shown that he tlon early took prominence and did not ; "'- a rate between Kansas City and Chl rtcetve its quietus until the convention i " nte adjourned tonight. The sentiment of the ' TT ., , . . i w.,i i eu,... e Hrnry 8- Hartley is charged with secur- . .n. , , . , .,...; any desirable class or white Immigrants without regard to nationality, yet there appeared at times some desire to keep the black man, with all his faults, where he Is. WRECK ON MISSOURI PACIFIC Many Passenaers Said to Be Hurt Jn Accident at Glencoe, Missouri. ST. LOL'IS, Nov. 13. A westbound Mis souri Pacific passenger train, while run ning at rull speed, was hurled from the track by spreading rails war Glencoe, twenty-seven miles west of hire, today i and beyond cuts and brluses to many pas- ' sengers all on board miraculously escaped. The entire train plunged Into un embank' ment Rnd tho track bed was torn u;i for 200 feet. So fsr as can lie learned only one passen- ger was hurt, and his Injury consisted in the loss of a little finger. The mans nam Is not known. No report concerning the wreck has been made to the Missouri Pa cific general office. At tho general offices of the Missouri Paxitic K was stated this evening that the only iicrsons injured in the wreck were a ptissenger aud a Ynail clerk. Thi fr names arc not known and iheir Injuries were slight. SHAW TALKS OF WALL STREET Secretary Uotbam hays He' Is In Sympathy with Inlted State. NEW YORK. Nov. 13. Secretary Shaw in explaining his visl lo New York touay , said: " "You may suy there Is a M utter" at Wash- . button, who is trying to keep liosted oil ! conditions and who ia In symimthy with i tho United Slates." I .,,,! AVhII stn.t-1?" ' i v- w-. , ..Vull street is not tho United Btaten of American by any means." replied the sec ret.! ry wilh a broad smile. PRESIDENT HAS FINE TRIP i Vessel Sis Hundred Miles from Colon When Latest Report Is Sent. WASHINGTON, Nov. 13. According t u : recalled to take what Is by some re wuVleVs message which reached the White "ded as tho most mrrtant , , in th House over night, the battleship LoUihitlnr. navy, namely, chief of the bureau of naV- ! i,h th. nrcldent and nartv on board, was ' rvi,. i.i r,i.ht Th. i uiucto v. - " - .....-. ...v " . . . was reported to be fine. j The mtwaie came from the naval station at Guantanamo to Key West and thence to the Washington Wireless station. I'h trie's Coinel Bern. CAMBRIDGE, Mass., Nov. lu. A tele gram lias been tveeived at the Harvard rollege observatory from Prof. W. W. Campbell at Lick observatory stilting that Thiele'a comet was observed Noveiiilx-r 13 in right aHceniiloii, nine hours, twenty-one miniUrri, tlft-two seconds, and declination pin. fnurtee-n ileal res, two minutes und forty-two seconds. THREE REBATE BILLS Ftdcral Grand Jary at Kaoiaa City Uncovers lors Ireitbt DisorimiiatioB. SHIPPER, BROKER AND AGENT INVILVED Nickel Flat Fayi Bebatei so Fxport Ship ments f Floor from TUobita. all roads pay PART OF drawback Alton, Milwaukee and Viiiouri Facifio Ire itt.pl. cittd ia Deal. TWp OF THE MEN UNDER ARREST Penalty Is Fine trout tl.OOO to f lO.txto, to Which Imprisonment of ot More Than Tro Years May Be Added. KANSAS CITY, Mo., Nov. 13.-Davls H Krcsky, a freight broker, and W. A. Mo Cowen, local agent for the Nickel Plate fast freight line. Indicted here today, charged with conspiracy to violate the In terstate commerce act, and Henry 8. Hart icy, a grain denier. Indicted on a charge of accepting rebates on freight shipments, were arrested this afternoon and arraigned before Judge Carland, sitting In the United States district court. They were released on furnishing a $5,0nfl bond apiece. The court tomorrow will set a date for their trial. Krcsky and McCowen are liable to a fin of from $1,M"J to $10,000 and Imprisonment In the penitentiary for u term not exceeding two years, or both the fine and" Impilson mcnt. Hartley Is liable to a fine of from $1,000 to fxooo. list of Indlctmeuta. Indictments were returned here, this morning by the federal grand jury as fol lows: Against Davis H. KreHby of Kansas City, a freight b-oker, charged with conspiracy lo vlolato the interstate commerce act ln the securing concessions on expert ship ments of flour sold by the J. A. Howard Mill company of Wlchits, Kan., to A. F. Roberts & Co. of New York for ' export to Bristol, England, and Leitli. Scotland, and which were shipped from Wlrhlta to Kansas City over the Missouri Pacific, from Kansas City to Chicago over the Chicago & Alton and the Chicago, Milwaukee ft St. Paul railroads and from Chicago to New York over the Nickel Plate line. Against W. A. McGowen, agent at Kan sas City of the Nickel Plale Fast Freight line (the New York, Chicago Bt. Louis Railroad company), for conspiring with Kresky to violate the interestat commerce act In granting concessions on shipments of flour destined from Wichita to the foreign ports named. Against Henry 8. Hartley of Kansas City, a dealer In cotton need meal, charged with : accepting commissions and rebate on hlr ' ments made from Roff, I. T.. to Trklo. i Mo..- and Piano, la., over the St. Louis ! A. San Francisco and the Chicago, Burling-.. ton fc Quincy railroad. , : ; t ; - Wliut Charsre Cerer, ' . The Indictment returned today ' against Krtsky charged him with -manipulating the routing of flour shipments from Wichita. ln. through Irregular hilling, concession of j 5 and 8 cents respectively on different shlp ! ments of cotton seed mal from Indian Ter I ritory. One of these shipment was . to Humphreys & Goodwin of Memphis nd another to David Rankin, a cattle feeder of Tarkio, Mo. Xew York Case Continued. NEW YORK, Nov. 13-The trial of th New York Central arid Hudson River Rap rosd company and the American Sugar Re fining company, charged with granting and receiving rebate on sugar shipments, ws today adjourned until tomorrow. Conference with Moody. WASHINGTON, Nov. 13. Attorney Gen eral Moody today held a final conference With Mesttr. Morrison and Kellogg anj , Mr. Purdy, assistant to the attorney gen- erul, on Standard Oil matters. While ail concerned, are reticent a to tha action to ie taken, there Is no longer any doubt that suit will bo entered within a tew day against the Standard Oil company of New Jersey under the Sherman anti-trust law. Bribery of Oil Jury Aliened. FINDLAY, O., Nov. 13-Charge of al leged attempted bribery of n member or members of the petit Jury which sat In the pnbate couit here In September during the prosecution of the Standard Oil case, arc belitg pressed at all adjourned eeasion of the grand jury which was convened to day. Several member of the Jury who sal in the trlul of the caso In mhioh s verdict was rendered finding the Staudard Oil rumimuy guilty of alleged violation of the Valentine antl-trutt law wer Inter rogated by the grand Jury this afternoon. While the utiiioet Kccreey Is maintained. Prosecutor Lavid, who conducted the prose cution of the Standard Oil company, Is di recting the grand Jury Investigation and slated thia .ifternoon that all rumors In connection with the alleged attempted bribery would be gone Into thoroughly. It Is expected that the grand Jury will make Its rtport tomorrow afternoon. BRCWNSON FOR SHORE WORK Head af Ssu la Asia Called to Korean Natlgattoa. May WASHINGTON, Nov. 13. Reur Admiral Wlllard H. Brownson, who has Just taken 'command of the American naval forces in i the eabt, will. It is understood, soon be lUon. to eucceen near Aamirsi . on terse -r.'hfn the latier remes irora urn orm. which it is expected will occur about tla lime th.U Secretary Bonaparte become at. toiney general. Admiral trowns.n would. In the urual course, be plactsl on the retired list next rar on account of age and give way u chief of the buieau to another officer, but In view of the fact that tu U in perfect physical condition and at ihe height of hi power, mentally, it Is understood that he will be continued at the head of the naviga tion bureau, nt UfHi, during the pre) administration. T I