Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 08, 1906, NEWS SECTION, Image 1

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    The Omaha Daily Bee.
Pages 1 to 10.
A Paper for th Horn
Best i". West
Chapter Eus of hi Fi Fraternitj at
Ctrneil Uiiir?ity Earned.
Voluiteer Fire Who Were Ki'.lei
Are All fronunent Ms a.
Several of Them Hurt by Jnmpirc froin
Thirl-Story Window.
It Wa Built by Mm. Jennie MeGrnw
Flak at Coat of flltO.OOO
Shortly, Befora Her
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
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.
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,
The lodge was built in 181 by Jennie Mo-
Oraw 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
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.
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.
Wanted Chara of Marderlaa
Woman. Mississippi Wan Stren
monaly Reslsta Arrest. 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
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 .
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
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. '
Photographic Copy of Order Shown
In Trial ot Teamster at
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..
Tk. ....... ..
. .. or wniiam .eiiy,
Be.f-confessed elugger and paymaster of
Cornelius P Sheas picket forces during
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
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."
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
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.
Omaha Man la Severely Braised When
Michigan Central Car Tarns
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,
leek to Have Franchise at Yanktoi
Extended b Congress.
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 '
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.
Congress May Be Asked to Extend
Telegraph System in Far
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
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.
Dnvld Cartls WKhonl Emotion Tells
Attorney tie Killed Dona
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
The confession was made without the
sweating process and was complete in every
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.
Awful State of Affairs Prevails
Flood-Stricken Clifton,
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
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.
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.
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.
Lively shooting Occurs When Man l
Cornered, but He Gets
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.
Trial Will Ee Froloneed Mori Than Was
First nriposed.
Defense llae Its First Inning, Laying
Foundation for Blsr Superstructure
Coanell Goes After Evening;
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
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.
"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
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- 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
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
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
m .
in .
in .
12 in..
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."
I'nlted States Makes Rapid Advance
In This Trade with Other
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
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.
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.
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
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.
TeJeral Grand Jury at fait Lake City
Hand Down Indictment!.
Union Pac fio, Creccn fhert Line and
Union Faoifio Coal Company on List.
General Superintendent Buckingham and
Local A Rents Also Indicted.
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
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,
! 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