The Omaha Daily Bee. HEWS SECTIOII. Pages 1 to 10. A Paper for th Horn THE OMAHA DEC Best i". West OMAIIA, SATURDAY MORNING, DECEMBER 8, 1900 -TWENTY PAGES. VOL. XXXVI-NO. 149. SINGLE COPY THREE CENTS. i" SEVEN DIE K FIRE Chapter Eus of hi Fi Fraternitj at Ctrneil Uiiir?ity Earned. CUR STUDENTS AND THtEE FIREMEN DEAD Voluiteer Fire Tieut.rs Who Were Ki'.lei Are All fronunent Ms a. MANY STUDENTS SLEEPING IN BUILDING Several of Them Hurt by Jnmpirc froin Thirl-Story Window. BUILDING KNOWN AS THE FISK MANSION It Wa Built by Mm. Jennie MeGrnw Flak at Coat of flltO.OOO Shortly, Befora Her Death. ITHACA. N. T., Deo. 7. AM flay smoke he drifted across Cornell campus from the ulna of the Chi Pal fraternity house, the burning of which at an early hour was at tended with a loss of life that has not only thrown the whole university, but the city Into mourning. Tonight the dead numbered seven. Of these four were students and the others prominent townsmen who had responded to the alarm In the capacity of voluntrer firemen. Among the students who escaped death In the flames, seven were Injured, and of these C. J. Top? of East Orange, N. J.. It Is feared, will not long survive. Several of them Jumped from third-story windows. The bodies of the dead, with the excep tion of W. It. Nichols of Chicago and F. W. Grelle of East Orange, were recovered. Tonight' It wan decided to dynamite the ruins to facilitate the search for the missing bodies. The dead are: ALFRED 8. ROBINSON, attorney; vol unteer ftremnn. JOHN C. RUMSEY, hardware merchant; volunteer fireman. E. J. LAN DON, ealesman; volunteer fire man. F. W. GRELLE of East Orange, N. J , '10. O. L. BCHMl'CK of Hanover, I'a., '07. W. H. NICHOLS of Chicago. '07. JAMKS MCUTC11EON, JR.. of Pitts burg, Pa., '09. Tho injured are: H. S. Decamp of New York, '. Henry M. Curry of Pittsburg. Pa., '06. R. R. Powers of Atlanta, Oa.. '10. W. W. Gaels of Milwaukee, Wis., "09. H. A. IMhlnln of Milwaukee, Wis.. '07. O. R. Bailor of Pittsburg. Pa., '07. C. J. Pope of East Orange, N. J., '10. The fire has united the city and uni versity in a common bond of sympathy. Many lierolc Rescues. The heroism of the volunteer firemen who died attacking the fire was matched by the heroism of Schmuck, who re-entered the burning building In a futile effort to eave Nichols, his roommate, and who died later from hie injuries, and the conduct of MC?.ULh,T wh r,Jnd the nnmeS Until badly burned, to assist his comrades to escape. Pope, the freshman, received his injuries while seeking to rescue other , members of the fraternity, and the record ..uulc ,r,u. ,, f tha tnen who trlod to help their fellows. Among those earliest on the scene and who contributed most of the work of rescue from the flames which had already con- verted the first floor of the doomed dor-I mltory Into an Inferno, were several Cor- Bell foot ball men. All did effective work. It has been declared that the work of Sain ; Halilday. the old fullback, and of Eatie ana Mioson, me nairoacss or me season Just ended, united with that of the Cht Psl men who risked their lives that their brothers might live, will be remembered long In the annals of Cornell. The cause of the fire will probably never . discovered. The building 1. a wreck, be The lodge was built in 181 by Jennie Mo- Oraw Fi.ke at a cost of ttooo. Th. daughter of the lumber king. John Mc- . . ,,, , Oraw, who was one of Cornell's early great benefactors, never enjoyed her pal-, aoe and entered It only rfter death. A m.A V,. knu. l... i .v.. u I lit memory of the great fight for the Flske nllllnn. .w.A h.t.Mn Vrt WI1II1 nke, the husband, snd Judge Boardman as the representative of Cornell, to which Mrs. Flske had left the bulk of her estate. mission- man from new nrit. NrTW YORK, Dec. 7.-W. H. Nichols, the student at Cornell unrverslty, who has been missing since the burning of the fra ternity house. Is a son of George R. Nich ols, a commission merchant of this city. Mr. Nichols received a telegram today saying that Ms son had not been seen since the fire, and at once started for Ithaca. MILWAUKEE, Dec.' 7.-Elsie Goetz, mother of W. W. Uoeti. who Is attending Cornel! college, received a telegram from her son this morning saying he is safe. PITTSBURG, Deo. 7. James H. Mo Cutcheon. tha Pittsburg student injured lu the Cornell unlveraity fire, is th sun of John L. McCutcheon, a deceased hardware merchant. The family is one of the utst known In the city. COAL FAMINE M KANSAS Towns in Southwestern Part of State with Leaa Than Week'a gaaply on Hand. HUTCHINSON. Kan., Deo. T.-A serious MMll ,hr.,tl. a.l.l. In f V . I ltV a M.l throughout southwestern Kansas. This i , " "1 7 " ' , , , , : a revolver and fired. Harr s, a thouth town haj not more than a week's supply of ! .... . . . "l"uus" , . . . A. . 1 wounded, made for the door and ran down oal on hand and the prospects are for an,,. ' ... . ,, . " ,....,. the corridor with Campbell In pursuit. He vn more serious situation in the future. - , v. , . ,"""u,l Jlt Coal dealers are unable to get their ordtrs fllltd. Receipt of their orders Is acknowl edged by the coal companies, and the oal is started, but it falls to reach its destina tion nine times cut of ten. The coal Is be ing confiscated by the railroads to supply their engines. The trouble appears to be due to a short ktfe of coal supply on the part of the rail roads for their engines, combined with a Shortage of equipment. NEGRO KILLS WHITE MEN Wanted Chara of Marderlaa Woman. Mississippi Wan Stren monaly Reslsta Arrest. QREENVUJ.tt Miss.. Dec. 7.-A negro killed a uegro woman In a negro boarding houut here this afternoon and when Police, man Koetier went to arieat him he shot and wounded the officer, it in feared, fa f tally. I The negro then barricaded himself in a L Uum and in the attempt which ws made ) to anest him he killed two inure negroes and one white man and also shot and wounded Captain Quiun and Aaltant ' Cleik Atetvroii-.ble. The negro was cap tured oou Unxt Muca sxcueuiont VevkU. I'hotoitraiih Order (or Cash to Louis l'ane Shown at Born, ham's Trial. NEW YORK, Dec. 7. At the trial to day In the supreme court of George Burn hum, Jr., a vice president and counsel for the Mutual Reserve Life Insurance com pany, on a charge of larceny, a photo graph of a check for $10,u00 was produce by the prosecution in the examination the defendant concerning a demanc $100,0C0 alicg'd to have been 'made v the Mutual Reserve lor tne sup of an unfavorable report when Payq wa New York state supei S . jnt of Insurance. The check wai drawn on the Butchers' and Drovers' National bank, signed by Timothy Donovan, made payable to James Y. Watkins, as trustee, and by him made payable to Charles P. and W. W. Bulk ley, attorneys, who In turn Indorsed It over to louls J'ayn or order. Subsequently It was Indorsed by Louis Payn to the credit of the United States Express company. Burn ham said he recognized the photograph aa a reproduction of one of two cancelled checks which the late George .D. Patter son, a clerk of the Firemen's Benevolent fund had given him for safe keeping and which, ho said, he had returned to Patter sun later. Early In the day's session Justice Green baum ruled that It was competent for the prosecution to attempt to Introduce evi dence bearing on the allegation that Payn, while superintendent of Insurance, de mandrd jm0,(M) from the Mutuul Reserve. The prosecution in the present case al leges that President Frederick A. Burn ham of the company satisfied the demand mnde by Payn by the payment of 140,000. The defendant's cross-examination was completed today and George D. Eldridge, vice president, actuary and chairman of the executive committee of the Mutual Reserve, who Is also under indictment, took the stand. He had not concluded his testimony when court adjourned for the day. WASHINGTON. Dec. 7.-Scnator Piatt ot New York, president of the United States Express company, was tonight shown the dispatch regurding the $10,000 check, which was indorsed to the credit of his company by Louis F. Payn, and a photograph of which was produced today In the trial of George Burnham, Jr., in the New York supreme court. The senutor stated that he had no recollection of ever having Been such a check. ' SHEA ISSUED ONE PASS Photographic Copy of Order Shown In Trial ot Teamster at ChlcaKO. CHICAGO, Dec. 7. In the course of to day's testimony in the teamsters' strike trial the state's attorney had William Kelly identify a photographic copy of a permit aid to have been issued by President Shea during the strike permitting the wagons and teams of P. J. Ryan to pass through the lines of the pickets unmolested. Kelly testified that he had personally written (V, ,. . . . . , . ui i 1 1 1 1 1. a inc idijucsi ui Diicn, aiiu Ju 1 1 i that Shea dictated Its wording. The wit ness then told of being sent by Shea, lu company with Jerry McCarthy of the truck drivers' union, after the driver of a wagon whlch SKed lhe nea(,qua,.lers of the BUik. wltt, orden to ..g,ug.. tne dr,ver ..Dld you gl-ig him?" asked AssU'ant state's Attorn' Miller ..We overtook htm and tried it," said the witne, ..but he was too much for us and peat u off with a stake " Thls endel the direct' examination and tha defense commenced the rrnM..T.n,in.. tlon. Tk. ....... .. . .. or wniiam .eiiy, Be.f-confessed elugger and paymaster of Cornelius P Sheas picket forces during ciudeTlato fl.?. from tne ,nceptlon 0( thB 8trlk4 aJ had neen paid , week a, .,, xkk.-i m - i . . . Z 1 una lasted. Michael Murphy, who pleaded ,,,,. -,ltt. t.-. n , v . J LT!f n , ' 'T'r 1"..!' I" rntttlon'11 . Bherhocd 1 " " cailHU j f,,rr,,. ... i " , II ,, Z ... 10 Ioun nnl VaIU. K... 1 . .. 1 . , . . , ...m m-n 'iri!llin.ei or ! ugln- . Act'or""- Murphy s evidence, he and comP1'' Principal work bring about blockades and to was to prevent j wagons driven by nonunion teamsters from , reaching strike bound houses. Murphy declared that the picket crew of which he was the loader did a great deal of slugging during the strike. "Pull them off. and if you can't do that, knock them off." said Murphy, "were the orders we had in dealing with the strike breakers, and we carried out our orders to the best of our ability." CHICAGO DOCTOR KILLED Wisconsin Man Shoots Doctor In Lawyer's Office. Alleging Family Is Rained. CHICAGO, Dec 7. -A. C. Campbell of Antigo, Wis., shot and fatally wounded Dr. Benjamin Harris In a law office on the tenth floor of the Slock exchange building today. The shooting was the culmination of do mestic troubles. In which Campbell ac cused Harris of "ruining his family." The difficulties between Campbell and his wife are now In the courts. Carrpbell was sitting In the office of an attorney when "" '""" " '""l" , " "ur"" ,e" mortally wounded, Campbell shouted. "Ho ruined my family." He walked back to the office of the at torney, where he sat down to wait for the police, who were summoned by telephone. W. V. M0RSE IS INJURED Omaha Man la Severely Braised When Michigan Central Car Tarns Turtle. DETROIT, Dec. 7.-(Special Telegram.) W. V. Morse, who was Injured In the agents of the Mutual i-ite insurance corn Michigan Central wreck at Otter ' Pny of New York and the New York Life Mich., Thursday night, arrived in Detroit Insurance company regarding th allega on the relief train early Friday morning I tlon that they were using the machinery and was removed to the Wayne hotel, and funds of their companies to obtain where he is being cared for. votes for the administration tickets, an Morse was in the coaeu that turned ! Bounces that agents of both companies turtle and escaped ith painfully bruised i er8 'lflrif an active campaign for their face and body. W. V. Morse' Is a retired merchant of Omaha and Is at present one of the di rectors of the Omaha & Council Bluffs Street Railway company and also of th new interurban line to Beilevue. Mr. Morse Is quit active arm takes a great Interest In th street railway company and did most of th buying of the rlghl-ot-aAy of the new interurban Una, OHIO MEN BACK OF BRIDGE leek to Have Franchise at Yanktoi Extended b Congress. P0ST AT AVtRY GOES BEGGING Sjj Be Dlscontlaaed Because Ho fv Can Be Found Willing to Take Responsibility ot the Position. (From a Staff Correspondent.) WASHINGTON, Dec. 7.-(Speclal Tele gram.) It appears Ohio capital has become Interested In the construction of a railroad and passenger bridge across the Missouri river at Yankton, S. D., and now Senator Foraker comes forward with a bill to ex tend the time given under the original char ter for another term of years. Congre.s In April, 1904, authorised the Winnipeg, Yankton ft Gulf railroad to construct a combined railroad, wagon and foot bridge across the Missouri river at Yankton, but the company gaining the charter has not yet made a move to carry out the work. The concession Is a valunble one and the, company apparently does not desire to abandon it. New blood in the shape of capital has been enlisted and the life of the concession Is sought to be extended by Senator Foraker, who, It Is said, repre sents constituents who have Invested in the project. O III re noes IlesrKlns;. The first assistant postmaster general has notified Mr. Kennedy that the postofflce at Avery. Sarpy county, Nebraska, will be discontinue! January 2. Anthony R. Brad ley has been postmaster. Under the rules of the department the postmaster should reside within the delivery of his office, and whllo Mr. Bradley spends his business hours at Avery, he lives In Omaha. For that reason the department called upon Mr. Kennedy last fall to recommend Borne suit able person for postmaster. No suitable person could be found living In Avery. Paul Smith, living half a mile out, offered to take the place If permitted to name the present postmaster as his assistant and let him run the office. The department de clined to appoint Mr. Smith unless he would take personal charge. A notice was then posted in the postofflce calling for ap plicants for the place, but It brought no respons;. The postoiflce authorities have now decided to extend rural route No. 3 from South Omaha so a to cover the ter ritory now served from the postofflce. The office has paid about 1150 per annum. Representative Kennedy was today ad v., rt.nariment that tho ' v: employment of two additional carriers at ' e...u rs i.. i,o,i .iwort one to be DUUlll UllinuH iinu J v. . " I ( mounted. This new detail will greutly re lieve conditions at South Omaha, Australian VUlts Capita!. Mr. Kennedy today took Sir Daniel OCon nor, ex-postmaster general of Aubtralla., through the congressional library and into I the senate and house. His home Is In 8yd i ney. He Is spending a year In the United : 8tate studying our Institutions. He was .given an audience by the president and postmaster general. Postal Matters. John Minert has-vbe'en appointed post master at Nodaway, Adams county, la., vice J. Q. Murphy (dead). Iowa rural routes ordered established February' U: Columbia, Marion county. Route 1, population, 465; families, 93. Ham ilton. Marlon county. Route 1; population, 4i5; families, 81. Knoxvllle. Marlon county, Routes S and 9: population. 1,060; families, 212. Lovilla, Monroe county. Routes 2 and 8, population, 985; families, 197. Otley, Ma- "'- " : u, m pella Mar,0n county. Route 5, ' 5; lam,M. U0. RUral carrlerB appointed: NebraakaSa- r0nV'"0- l' Jhn W" B0"ne Car"er: O. Lu.birg. substitute. lowa-Dlag- onal, Route 2, John N. Nichols, carrier; Eleanor Nichols, substitute. Garner, Route 1; John H. Carouthers, carrier; Jim D. Ca ; routhera, substitute. Holstein, Route 3; David M. ' Baumgardner, carrier; B. 8. , Baumgardner, substitute. Walker, Route 5; , "V, -I TtTI,flV.nll n.xnA T 1 v.iitu irii wiiLiicu, li i .c. , vjttli x: A &. Hudson, substitute. South Dakota-Vermil ion, Route S; Leroy Hlxson, carrier; Ra chel M. Hixon, substitute. The poftofflci at Provo, Fall River county. . g D na been ordered discontinued af .er January 2. ALASKAN LINES SUCCEED Congress May Be Asked to Extend Telegraph System in Far North. WASHINGTON. Dec. 7. So great has been '.he success of the government tele tranh lines In Alaska that It will nrob- v. 1 .. i,AnmA r,acfwu rv in v;nil t . o HimLv I now working between Seattle and Sitka to the Sttka-Valdes section in order to take care of the prospective heavy rush of busi ness next summer. Reports reaching the chief signal officer show that In some in stances the receipts during the last few months hav exceeded by 100 per cent and in many Instances 50 per cent those of a corresponding period last year. At present this eystein comprises a 700-mile-stretch from Seattle to Valdei via Sitka and 1,400 miles of land lines, termi nating in a 110-mile wireless Jump from St. Michael to Nome, the extreme point west ward. It is probable that congress will be asked to authorize the exiendlture ot the telegraph receipts toward extending ths system this year from Fairbanks to Circle City. The cable ship Burnside is now at work extending a branch from the Juneau Sitka cable down to Wrangell and Ketchi kan, an Important point In the estimation ot the chief signal officer for reporting ship ping. INSURANCE AGENTS BUSY Commissioner Folk of Tennessee Finds Men Ara Violating; Spirit of Law. NASHVILLE, Tenn., Deo. S.-tate In surance Commissioner Folk, as a result of his investigation of charges against the ticket, but they sought to show that the time thus spent was not due the com pany, as they had discharged all of th duties for which they were under contract. Their action, he holds, is a violation of the spirit of the New York state law. H holds that it is wholly Improper for of ficials to form organised campaigns for this purpose or to set in concert on authority promulgated by the agent or directly by th ouVcial. PRISONER CONFESSES MURDER Dnvld Cartls WKhonl Emotion Tells Attorney tie Killed Dona Gllman. DAYTON, O., Dec. 7. "Yes, I did it, I am the murderer of Dona Oilman." Cooly and without the slightest sign of emotion or remorse, David Curtis at 4 o'clock this morning made the above con fession to the prosecuting attorney and detectives. The confession was made without the sweating process and was complete in every detail. The statement of Curtis was as follows: "On the evening of November 30 I ate supper In the Cadillac restaurant, on Fifth street. Just as I came out I saw Dona Gllman waiting for her car and I also boarded the westbound Fifth street car. At National and Oroveland avenueB 1 alighted. Shortly after the car had started up the hill and as she took the west side of the street I followed up the hill on the east side. I then committed the assault." After the confession Curtis wept bitterly, but he declared he w;is glad to have made the confession and relieved his mind. Curtis earned a precarious living selling i newspapers. He Is half-witted. ilona Gllman, a LHi-year-old girl, was criminally assaulted and strangled to death on the evening ot November :o within 2tO im ilia cvriiuiK vi itutnnuci v viiiim a.w , yards of her home on Arlington Height, a suburb of this city, while returning home from work. Her body was discovered by follow- i her 16-year-old brother. Collins, the lng Thursday morning lying in a vacant lot j nearly opposite the Gllman home. The i spot where the body was supposed lo have ' lain during Wednesday was In plain view j of passers-by and occupants of neighbor- lng houses and the delayed discovery lent mystery to the alTatr. The authorities for a while were Inclined to believe that some members of the family were Implicated in the murder and that evidences of criminal assault had betn framed up to cover their tracks. After complete Investigation this theory was ahandoned. Many suspects were arrested In this and other cities, but all succeeded In establish ing their Innocence. TOWN PARTLY BURIED IN MUD Awful State of Affairs Prevails Flood-Stricken Clifton, Arlsonn. in SOLOMONVILLE, Ariz., Dec. 7. R'-ports from the flood-strlhcn city of Clifton In- dlcate that while the water has subsided i court and he would Instruct the jury tne ; Mr. White, who In less than, two years ! u asatc" Btore at ounnyshie, utan; iMrojr the town is paralyzed by deposits of mud section of the constitution- regarding so- I has become perhaps the most popular ot ! N- Clark, the Utah Fuel company's attor and smelter sedimenis. It Js stl'.l lmpossl- ! licltlng was in violation of law, and If it I the ambassadors In Rome. Mr. White was ; w at Uenver, and George A. Moore, tha to reach many sections and no definite Ut of the dead can be obtained. It 1. now known that the calamity was prlncl- pally causes oy me ureuniug ui icwivuir up Chase creek. The first rush, which came soon after dark Monday night, formed a dam of latlng the rules regarding soliciting, lhe wreckage and threw fierce currents over view of the court as announced In the rul the town. The store of the Arizona Cop- I in mudo it incumbent on the defense to per company, carrying $500,000 worth of j bring in witnesses to show the members of stock, was flooded five feet -deep. Tho 'j the exchange solicited .business and em smelter works built over the stream were ployed solicitors and various devices to wrecked. Other large firms suffering heavy get business. The greater part of the aft- losses were the Gila Valley bank, Becker ! Franz, 8. J. Forbes and Hosfield & Hugerauer. Six miles of the track4, of the Coronndo branch Is destroyed. The tracks of tha Arizona & New M?o railwuL are under three feet of slime. Tho city Is under strong guard to pre vent vandalism. Much Buffering among the poorer class is becoming manifest, busi- ness Is at a standstill ar.d one telephone wire Is the sole connection with the out- side world. No bodies have been recov- ' ered, and the complete death list can never be ascertained. An estimate places the damage at 'JOO,000. A great deal of plllag Is now going on and several Mexlcms have been shot. The town of Metcalf, north cf Clifton, was also dnmaged, but no lives were lost. The two newspaper offices were burled in the mud. REPORT ON FIRE LOSSES San Francisco Chamber of Commerce Hears Statement from Board of Trustees. SAN FRANCISCO, Dec. 7. The report ot tho special committee of the board or trus tees of the Chamber of Commerce on in surance settlements after the big fire which has Just been published, says: The total area burned was about 3,000 acres, or about 4.7 square miles, containing 630 blocks and about ii.'J buildings, one half of these were residences. Tiie amount of Insurance covering prop erty In the burned district was approxl-. mutely ti&.Ouo.oU), estimated. All of this had been written by companies authorised to do business in the state, except. $.OC0, OtMJ, which had been placed outside of the state In some loo companies. The value of buildings and contents d stroyed In the fire must have been about t;(jo,0w.uc0. belnif I an estimate upon the Insurance liability. the known ratio oi insurance to valuj (about To per cent), and a guess that there was about 6 per ctnt of property that carried no Insurance. An immense amount of Insurance money has been paid Into this city, a far larger sum than companies have been called to pay at one time before. In spite ot the earthquake. In spite of the nearness In time of the Baltimore and Toronto conflagra tions, the companies will finally have paid undoubtedly In the neighborhood of 80 per cent of the Insurance involved. At Chlcagj there was 50 per cent paid, In Baltimore IK) per cent. TAFT HAS THE RESOLUTION Secretary of War Will Report on Negroes' Dlsrhurg-e and Hear Appeala. WASHINGTON, Dec. 7. The resolution of Senator Penrose, passed yesterday, calling on the president for all facts regarding the discharge of the negro troops belonging to the Twenty-fifth Infantry, was receved at the White House today and at once turned over by the president to Secietury Taft, who will furnish the Information de sired. Seigeant Mingo Sanders and Private Elmer Brown, who were among those dis charged without honor as the result of the Brownsville incident, have appeared at the War department and applied to Secre tary Taft for reinstatement and will bo given a hearing. MURDERER ESCAPES DOGS Lively shooting Occurs When Man l Cornered, but He Gets Away. COLUMBUS, O., Dec 7. A posse, with bloodhounds, today ran down Henry White, colored, who murdered Marshal Bushore and who escaped from the. Ielmnnon Jail, in Warren county, and a pistol battle en sued In a thleket near Pleasant Ridge, First 'reports said that tha posse had succeeded In killing While, but later news Is to the effect that the murderer escaped from the posse and Is now being tracked by the bloodhounds. No one was wounded during th shooting. COALTRUST CASE LENGTHENS Trial Will Ee Froloneed Mori Than Was First nriposed. MANY ADDITIONAL WiTNISSES TO COME Defense llae Its First Inning, Laying Foundation for Blsr Superstructure Coanell Goes After Evening; Paper. One entire day devote-i to the defense In the trial of the trust case njalnst S. E. Howell, president of the Coal exchange, developed some of the main points which will be depended upon to refute the allega tions In the Indictment. It also developed the case will not end as speedily as was supposed. New points which came out in the hearing Friday will require the ex amination of a large number of witnesses and all hope of giving the case to the Jury : Saturday have been abandoned. It Is now ! certain it will require a day or two next week to complete the trial. Yesterday's session was broken Into when Attorney Council for the defense asked the court to direct the county attorney to file a charge of contempt against an evening ra per and the reporter who has been cover- Ing the case for the publication of a state ment alleged to have been made by Witness cmn after leaving the stand, In which ne is quoted ss saying ne was arraia to tell the truth. Judge Sutton refused to act until after the clone of the case and a large part of the remainder of the trial was devoted to motions to dismiss counts of the indictment. Defense on Prices. The most of tho evidence for the defense was presented at the afternoon session. The defense sought to show the relation between Omaha prices and Chicago whole sale prices, but this evidence was ruled out by the court as having no bearing on the charge. The rest of the afternoon was devoted to evidence tending to show Omaha firms were not conforming to the alleged rule of the exchange not to solicit patron age. The constitution adopted In i!3 pro hibits soliciting by drivers, clerks or agents by card or otherwise, except printed postal cards with tha address on one side or by circular letter. This question became of vital Importance Friday afternoon when Judge Sutton in ruling on an objection to the Introduction of evidence said It was the opinion of the j were miowii 10 i in iuu luno nnu eiii-i , with the defendant assisting in enforcing It. the Jury should convict. The state has ' already introduced evidence to show fines i had been imposed by the board of directors, of which Mr. Howell Is chairman, for vlo- crnoon was spent with this evidence. Charles K. Coutant on Stand. Charles K. Coutant of Coutant & Squires was tho first ' witness and his testimony was devoted entirely to the attempt of the defense to show the cost of coal to Omaha dealer. Judge Sutton, however, ruled out . .. . h. evidence, declaring It made no dif- j ferenp(1 ,f th. dealer8 ,Mt money 0 their , coal thejr were vlo:tttlng the law If they ; ,K , ,.i n... .r. f fered in evidence, but all of them were i about J10,000,0o0 worth of butter, cheese and ruled out. milk. Randall K. Brown was the first witness No feature of the export trade In agrlcul to testify for the defense on the subject tural products has shown a more steady, of soliciting. A ripple of laughter floated I rapid growth than that of meat and dairy over the room when Mr. Connell, directing I products, of which there was an Increase the window shades to be raised, asked Mr. Brown to read the big coal signs on the buildings In sight of tho court room. County Attorney Slabnugh objected, declaring there would be no way to get the buildings be fore the supreme court if the case should be carried up there, and that It was not material to the case. A heated argument of the definition of the word "soliciting'' followed, Mr. Connell contending any kind of advertising directing attention to the wares of the advertiser was soliciting. The court ruled against him and excluded all evidence about the signs. It was during this controversy Judge Sutton made his ruling regarding the section of the consti tution relating to soliciting. Circular Ada Thrown Out. Judge Sutton admitted as evidence cir cular advertisement which had been dis tributed about the city, but after the re cess which followed Mr. Brown's testimony withdrew them and excluded his evidence regarding them. The must direct evidence regarding so liciting was given by J. A. Sunderland. ' "Tell the Jury what you have done in the way cf making personal applications to consumers to buy coal of you?" said Mr. Connell. "We have several men who solicit and certain ones whose exclusive business it is to solicit from retailers and consumers." He said it was their duty to go out on the street and to business places and try to sell coal. "How about other dealers?" "I think it is quite customary." He said he had solicited himself and named his neighbor, C. W. Vurgan, as one he had asked to buy coal from him. He also named a number of coal Anns who employ solicitors. In his own firm he sa d It was the business of retail clerks and yard superintendents to solicit, and in ad dition they had two solicitors employed. County Attorney Slabaugh objected to these question on the ground it did not ex cuse the dealers if they violated the agree ment they had made. The court admitted the evidence as bearing on the question, whether or not the section of the constitu tion relating to soliciting was In force. At fi o'clock it appeared that a number of new witnesses would have to be called, so court adjourned until 9:30 this morning, no night session being held. One of the Jurors who has been accus tomed to taking his morning's morning reg ularly is so affected by his forced ride upon the water wagon he had to appeal to the court last night for relief. Judge Sutton directed him to see a physician and if he prescribed a stimulant it might be taken under the physician's direction. The Juror could hurdly wait for his companions in his eagerness to consult the doctor. Coaaell aad tha Paper. Th pauha of Mr. Connell's wrath against the evening paper was the publication of an alleged statement by Jains I. Kemp, said to have been made after Kemp left th witness stand that he wa afraid to tell the whole truth on th witness stand, for fear of vengeance from the other coal dealers; the publica- ...run. i xi.,rr,n. f .h. v" testified to end what he is alleged to have told the county attorney befor he took (Continued en bucond Ptf;J THE BEE BULLETIN. Forecast for rhranks-Hnon atnr day. Sunday Fair and Colder. Pa a-e. 1 Seven Die In Fire at Cornell. Ohio Men Back of Vnnktnn llrldae. Trial of Coal Denlera l.enathcnrd. Indictments for Ton! Land Frauds. 2 llnnse Pnts Bsr on Srw Spelling. Report of Secretary Mctcnlfr. 5 wi from All Parta of rhrnska. 4 Klnkald Law Bonnie Land Kntrles. Jndae Calls Dirnn Attorney. Burlington Ready with Protest. 6 Cnllfornla's Solution of Tronlilc. Wntcrwaya Drleaate at tapltnl. A Affairs at South Omaha. T Parachute Jumper Talk of Trade. H Way to Avoid the Bond to Hell. Rate Bill Prnvlnar n Problem. f'laar Trnst linn an Kye on Omaha. 1U Why California Oppnura the Japs. Review of f'urreat Literature. II Good Thlnas for the Table. 13 Joke-Maker Has n Dig Kakeoff. 14 Editorial. 15 Roads Flaht for Blar Horn Basin. Implement Company Will Build. 16 Flnanrlnl Met lew of the Week. PnlaJ.tnen Kill Federal Troops. IT Commercial and Flnancinl ena. III Conncll Blnffx and Iowa eivn. Temperature at Omnha Yeaterdan flour, fi a. i I a. i T n. i H a. i ear. Ilnnr. Uc. 1 1 p: m 1 a p. in iii 1 a p. m a: 11 4 p. m a:: 1!X R p. in tt.-t 1.1 p. m ii.t 1I 7 p. in 2?) 1t H i. m u:i V p. m It It 1 11 m . in . in . 12 in.. WHITE'S TRANSFER REGRETTED Italian Ambassador Says American is Personal Friend of King; of Italy. WASHINGTON, Dec. 7. The Italian am bassador to tho United 8tates, Baron des Planches, today expressed regret that Am bassador White had been transferred to Paris, saying his absence from Home would be regarded as a loss not only by the statesmen of Italy, but by the king. The baron spoke of the strong personal friend ship between the king and Mr. White and the general warm feeling In Italy for the American representative. "The Italian government." he said, neither wished nor requested the withdrawal of cne only ambassador Invited this year ta the shooting with his majesty In the Brown Alps reserves, where chamois and other rare game are offered to the hunters. He was for several days the guest of his majesty, treated with the greatest inti macy and friendship." MEAT AND DAIRY PRODUCTS I'nlted States Makes Rapid Advance In This Trade with Other Katlons. WASHINGTON, Dec. 7. According to a statement Issued today by the bureau of : statistics of the Department of Commerce ar(1 i.nbor, more than t!50,000,000 worth of meal and dairy products will have passed I nut of the United States into the nmrkcti f .tHA nnrt. Af.ih. wnrM in ti, .,,. j ,ng with the present month. This total Is , made up of a i,le over J2O0.000.000 worth . .. . . .v, ..... of about 60 per cent during the last de- I cade. ARGUMENT IN OIL CASES Standard Attorneys Attack Regu larity of Proceedings In the Courts of Ohio. FINDLAY, O., Dec. 7. Attorneys of the Standard Oil Cpmpany of Ohio today ar- j gued the motion to dismiss the petition in error because it is claimed the common pleas court has no Jurisdiction to review the proceedings of the probate court in criminal cases. The netltion In error raised the auestion among others of a technical character that the probate court has no Jurisdiction to try cases under the Valentine anti-trust law. The outcome of the arguments will deter mine whether John D. Rockefeller and the three indicted Standard Oil directors, J. M. Robertson, M. G. Vilas and II. P. Mc intosh of Cleveland, will be brought here to plead to the indictments. SWITCHING CHARGE ON STOCK Texaa Cattlemeu Take Case of Ter minal Tariff ' In Chicago to Iaterstate Commission. WASHINGTON. Dec. 7. The case of the Cattle Raisers' association of Texas against the Chicago, Burlington & Qulncy and va rloOs other railroads, involving the question of the imposition of a I- terminal ewi.chlng charge pur carload at the Unit n stock yards in Chicago, has again been brought before the Interstate Commerce commission. The ' commission at one time expressed the oplii i Ion that the terminal rate should be not I more than II, but this was set aside as a I result of a decision of the supreme court. , The Chicago Live Stock association Is made party complainant in the case. "GOOD ROADS OFFICERS National Association Elects F.secutlve Bonrd and Other Officers t Muskogee. MUSKOGEE, I. T.. Dec. 7. The National Good Roads association, In annual conven tion here today, elected the following ot- W. iV Moore. Chicago, president; A. c. Jackson. Maine, vice president; Curl M. Treat, ChU-go. secretary; E. C. Conway, i.ra.ago. irea-iirer. executive iMwru jonn the Iands were advertised for sale by Farsons. Illinois; C. N. Haskell, Oklahoma; ,, . . . j H. L. Davis, New York; K. K. Bull, W is- , Calkins a report was mode to the land dt consin, and M. T. Herrlck, Ohio. partment at Washington by Special Agent " " ' Love, who charged fraud and collusion la WRTHK AT ST. JOSEPH. Mf). .the locating of lhe claims. Information Engineer Killed In t olllslon Between Rock Island and Burlington Trr.laa. ST. JOSEPH. Mc. Dec. '7.-Edwrd Ivlecan, englneei, was killed; William Wci.innu, nreman. ana it. u. wianr, brake-nan, were seriously injured today in U collision between Rock Island and Bur- I ltng'on frelylit trains it la believed the UurUr.tou lruu run by danger iuul. COAL FRAUDS IN UTAH TeJeral Grand Jury at fait Lake City Hand Down Indictment!. HARRIMAN AND GOULD LINES INVOLVED Union Pac fio, Creccn fhert Line and Union Faoifio Coal Company on List. DISCRIMINATION AGAINST SMALL DEALU General Superintendent Buckingham and Local A Rents Also Indicted. CHARGES AGAINST UlAH FUEL COMPANY Officials of Gould Corporation Accused of Securing; Titles to Mineral Lands by Irregular an I nlanful Methods. SALT LAKE CITY, Dec. 7.-The federal grand Jury investigating coal land frauds In I." lah and charges that railroad corpora tions have discriminated against certain shippers made a partial repot t this after noon. Indictments were returned against the Union Pacific Hailroad company, tha Oregon Short. Line Hailroad cotnpulTy, the Union Pacific Coal company, the Utah Fuel company and several of the highest official representing the Harriman and Gould in terests in Utah and Idaho. The Indictment against the Harriman companies embrace tho Union I'uclfic, Oregon Short IJne, tha Union Pacific Coal company, Everett Duck. Ingham, general superintendent of the Oregon Short Line, anil J. M. Moore, gen eral agent in Salt Ijtke City of the Union Pacific. Coal company. The indictment charges violation of the Interstate Com merce law, alleging discrimination against D. J. Sharp, a conl dealer In Halt Lake City, who was forced out of business after he had cut prices below the prices charged by other dculers In coal. Gonld Interest Involved. The Inrflctment against the representative of the Gould Interests embraces the Utah Fuel company, H. G. Williams, general manager of this company; Robert Forester, the company's geologist; W. U. Foster, secretary to Robert Forester; Alexander M. i t,owl' general manager of the company's -""j' si 1 ' charged with defrauding and attempting- to defraud the United States government, tha charges being based on the methods pur- sued in acquiring title to coal lands in Utah. Bench warrants for the arrest of tha persons accused In the two Indictments were Issued. Bonds in the case of each Individual accused was fixed at Y3.O0O. Fred R. Maynird of Washington, as sistant attorney general, who has been conducting the Investigation before the grand Jury, Is authority for the statement that two other Indictments 'charging per- I Jury before the grand Jury have been re turned. Tho names of the persons accused In these Indictments ara wllhtmld. ., . '' Only the llralnnlng. After the Indictments had been returned ! and bench warrants had been Issued, th : grand Jury adjourned until the first Monday In Januury. Assistant Attorney ' General Maynard stated that when the grand Jury reconvened after the holiday the Inquisition will be resumed. The ln I dictments returned today, he said, mark ' only the beginning of the government's probing operations In Utah and Wyoming, and the violations of laws alleged in these Indictments are only incidents of a gigan tic fift-stem of fraud that has been In opera tion lr the west for many years. The Indictment against the Utah Fuel company and the six ugents of that com pany Is based on the methods used In ac quiring about 1.400 acres of coal lands In Sevier county, Utah. The lands wer filed on In March, 1005. Methods of Securing; Titles. Robert Forrester, geologist and mining expert of the Utah Fuel company. Is al leged to have been charged with the actual direction of the men who filed on the lands. i Atler Forrester had prospected the ground, ! George A. Moore, the Utah Fuel company's aBent In Denver, went over the numerous claims and on each one caused to be dug I an excavation exposing the coal deposits. Dummy" locators were then secured to make filings on the claims. These wer mostly young men, who were each paid $5, their expenses to and from the lands ! Bnd 3 Per dlem n!le were employed In entering the claims. There was an ex plicit understanding In advance that the claims were to be conveyed to the Utah Fuel company or its agents. These dummies were taken upon the lands, the uncovered coal deposits were shown to them, and Immediately they filed on the lands with application papers made out by the company's attorney. Major Wil liam H. Bird. Major Bird has since died. All the entries to the 1,400 acres Involved were made on ths same date, March 21, 1906. ! For each of the claims thus secured it was neceeoary that a payment of fl.doO ; should be made to the government. Loans . for this amount were made by various , persons. The government prosecutors ' charge that the persons from whom tho , loans were secured were mere agents of the coal company. i On April 4, li6, the coal lands were I transferred to Frank A. Calkins. Mr. Calkins Is father-ln-iaw of E. N. Clark. the Denver attorney against whom an In dictment was returned today. Lands Advertised for Sale. Before these transfers were made Mr. Calkins, accompanied by Attorney Clark, wen over the lands, making a pretense of lrspecting them. In the November fol lowing Calkins, in newspapers of Salt Luke City, advertised his coal lands for aie. From Calkins the lands were transferred to Frank B. Cook, a mining man of Sail Lake City. The lauds now stand In Cook name. The allegation of the government's attorney. Is that Cook holds the land, lu trust for the I tah Fuel company. , The allegation is made that Just before wiai BUdi uuiiB iitiu urrii inane uy opeeiu4 Agent Love Is alleged to have reached (he P"rons Involved before the transfer to Cook was made. Charge Asalast Harriman Liars. The Indictment against the Harriman rail roads and the Union Pacific Coal company and the two ofTicia's of these compunles la basftd on alleged unlawful discrimination against the D. J. Blii-Tp Coal company. Mr. Sharp recently told bla story before Inter- stal Commissioner prouty. In the sum- J mef of Ve-a the llarrtiuau railroads