Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 14, 1906, Image 1

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Sum:d Trroriit Makes aa Iffort t Kill
a, Geueral Remfikampff.
It Tails to Cto (ff When Throwa and
CSkir Ercarfg Itjurj.
RiiMktmpfTi Two Aidei-d-Carap Ra
ceifo Elitht Coatriiiona.
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
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
' 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.
Gibraltar Denies that British Jeia
rraave la Action Agra last
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
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 , . .
tiiined ax ilia possible fcuci-ebor of Sir Mor
timer Durund as uinliasosdor ut Gi ?t
H Washing ion.
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
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.
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.
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
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.
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
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.
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, failej aljoul tno years ago.
feutor Warrei Assarts Oommiiiioaer
Eelirrs Voluntarily.
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
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
Police Think They Have the Man W be
Killed Harry K. Smith Sunday
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.
laidratiaed Man Locks Cashier aud
t Clerks la Vault and Escape
with 91,0041.
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.
robber then secured what currency
In sight and ncapnl. Th bank's
1 fully covered Ly lueuraue
mocdy.instructs attorneys
Clght-llnnr I, aw Mast Re Enforced on
Public Work of Inlted
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-
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
fip lnt' ;,udr d,-f1ll'd ,nat I'hrusc. as
extraordinary emergency, such as I
contemplated by the act. la the sudden,
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
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
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
It Is stated' that between thirty and
forty subpoenaes have been Issued for
witnesses to appear and testify...
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.
Hiuqirt Precedes Opening ul Sationul
Convention of the Brotherhood
In Indianapolis.
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:
Malae Says Arctic Explorer Will
Agalu Try for Pole Xext
! 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
next seaso,
Jade dean Areumeet oi Teohnioal Foiit
i Bichtrdi-Comitock Cat.
Motion to eaash the Indictment
Is eit Mep I ndertaken
by Attorneys for the
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
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.
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.
- I ... ; nun.ferrtd freun the dlsrrlr-t .........
It t,j Boone eounty. It was once before In
, , .
Continued on Second Puge.i
Fair Wednesday and Warmer la K.ast
Portion. Thursday Fair.
Temperature at Omaha Yesterday I
. .
. . 2
. . 2tH
. . VT
. . ley
. . iiN
. . an
. 1 p.
a p.
. p.
R p.
T P.
H p.
V p.
. . U1
. .
. . :io
. . ao
. . mi
. . at
. . :
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ft a. m .
'A a. m .
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N a. m .
A a. m .
to a. ni.
11 a. m.
1J ni.. . .
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.
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
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.
Many Passenaers Said to Be Hurt Jn
Accident at Glencoe,
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.
Secretary Uotbam hays He' Is In
Sympathy with Inlted
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.
Vessel Sis Hundred Miles from Colon
When Latest Report Is
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, 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.
Ftdcral Grand Jary at Kaoiaa City
Uncovers lors Ireitbt DisorimiiatioB.
Nickel Flat Fayi Bebatei so Fxport Ship
ments f Floor from TUobita.
all roads pay PART OF drawback
Alton, Milwaukee and Viiiouri Facifio
Ire cittd ia Deal.
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.
Head af Ssu la Asia
Called to Korean
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)