Fhe Omaha Daily
Bee
VOL. XXXVI-NO. 152.
OMAHA, WEDNESDAY MORNINO, DECEMHEK 12, lOOfi-TWELVE PAGES.
SINGLE COPY TIIHEE CENTS.
.NUNCIO IS EXPELLED
Fopo'i Ambaifadcr at Taris Aneited and
Will Be Taken to Frontier.
APARTMENTS SEARCHED BY THE PCUCE
Many Documents ars TaVen from the
Hocis Where Nuncio Lifed.
CARDINAL RICHARD ORDERED TO MOVE
Government to Take Possession of Homes
of tbe Priests.
PASSIVE. RESISTANCE THE PROGRAM
Archbishop of Paris (tnnrei Plea for
Violence, bat I'Dlloircrt Show
Different Spirit In
the Mattrr
BII.LETI.
PARIS, Dec. 11. Formal notice was
served during the day on Cardinal Richard,
archbishop of Paris, arid bishops and parish
priests of this department that they inu.U
evacuate their residence tomorrow. Simi
lar notices were served on the clergy In
the other departments notifying them to
leave their residenpes on Tuesday or Fri
day. PARIS, Dec 11. Atter a meeting of the
cabliiot ministers it was announced that
on December 14 Premier Clemency will j
ask Purl. anient tu sirppress the pensions
of the clerjjy, to liquidate the pubile prop
erty of Catholics und to distribute the
presbyteries, sen liiarics, etc.
War Minister Picquait has o.dered the
recruiting olncers to require eccks.astlcal
students
.1..!.. nj.,t iei,-i to- tn. t
morrow. Those wtio fall to do so by
ceiuber M wll be ordered to Join the colore ,
, . . . . . I
January 7. The order affect. 6.5W. students.
Among other measures the cabinet pro-
poses to Introduce In Parliament Decern-
....... .
ber 14. la a bill author, ling the government t
to expel ecclesiastics, whose
presence Is '
considered dangerous to the public peac.
Xanclo la ilipelled.
Monsinor Montagninl. secretary of the
papal nunciature here since the recall of
the nuncio, was arrested this afternoon
uu.n an order expelling him from France
and will be conducted to the frontier to
night. The residence of Mor.slgncr Mon
tagninl was searched by the police.
Immense quantities of documents found
at the nunciature were seized and taken
to police headquarters.
A courier from the papal secretary of
state. Cardinal Merry del Val. bearing die
patches from Rome, was turned back at
the frontier today.
Historic I Jar for France.
This Is an nistorlo day for France. The
strugglo which began In 1&S0 with the
banishment of'the Jesuits ended today with
the k'gal rupture of the bond, which for
practically a thousand uninterrupted years
had united church and state. By refusing
to make the required declarations under
the public meeting law of 18S1. public
Catholic worthip, exoept by sohismatlo
organizations tomorrow becomes Illegal.
The scene In some of the churches were
extremely touching. Not In yeare had
there been such an attendance at mass.
The number of women was especially large
and was noteworthy as Indicating the
rellKlous indifference of he male pop
ulation. Although aeven-elghths of the In
habitants of this city are nominally Catho
lics, in no parts of the city were tho
churches crowded. Even at Notre Dame
cathedral, where a solemn high mass was
celebrated, the edifice was only half filled.
The officials of the clergy read the regular
offees for the week as usual without re
ferring to their ilkegal status tomorrow.
Nevrrthclef the depression of the Catho-
lies was manifest. Many women emergea f xlrao, dtnary force mid plans for barritad
orm the cathedral, their eyes streaming j, ,he cR ln the evenl of an armed UD.
with tears pnd lingered on the pavement to
discuss what to do when the clergy are
tourr.ed out of the churches. But on the
eve of the struggle, it is becoming more
apparent that both the government officials
and higher ecclesiastics ar resisting the .
advice of the Intemperate. Minister of j
Public Worship Briand anounces that the ;
government "cannot be driven Intu. the i
trap of closing the churrties" and Cardinal
Richard, archbishop of Paris, has strongly
censured the placarding of appeals to the
clericals to make vio'.ent resistance to the
officers.
Xo Violence Say Ecclesiastics.
"No violence," he .says "but passive re
sistance to the unt'ist law, after exhaust
ing sll protests at every step."
Th'ta la the disposition so far as the
higher ecclesiastics are concerned; but
their followers evidently have no intention
to Submit and are preparing to assume the
role of martyrs, abandon the churches and
organise private worship.
Cardinal lucnara ana many or me
bishops have already begun the removal
of their private effects from the pis.-onnl
mansions and the clergy are preparing to
leave their rectories and move into hire!
lodgings. It Is anounced that the parish
priests have received many offers of places
In which to hold religious senices. but
there is not the slightest Indication that
they Intended to take advantage of the sole
remaining dance to retain their churches
namely, by making the declarations called
for by the lw. The government realizes
that additional legislative power is neces
sary and !'.! accordingly ask Parliament
for If. Receivers have been appointed
everywhere to assume charge of the
churches sequestered properly and three '
policemen will be stationed tomorrow at I
the doors of each of the churches to rep it '
violations of the law; but. as such vlo- i
latlons can only be tried In the police
courts, and as the pen-'lty Is only IS francs'
fine and fifteen days' Imprisonment, wltli
the right of at'peal. sterner measures will :
be necessary.
Tone of Republican Press.
The tcne of the republican press of all
shades Indicates that If the pope Imagines
that sn uncjaiprouu&ing altitude wiU com
pel the French government to opeu negotia
tions with the Vatican, he has woefully
mistaken the temper of the people, which
fa vols a more hontile rather than a mure
i...n.u -llllii.l I'tii D......V.II . . -
1 ni v
caise says:
The time has pased when a pope could
successfully tl.rea.un to release French
subjects from their allegiance. Defucanc
of the law mill only expose the priests to
beUig regarded as the subjects of a for. ign
power, by which they would forfeit ihoir
rights as Frenchmen."
In th hope of effecting a compromise
several deputies, headed by Qeorg L y-
guts, radical republican and ex-minister of
the colonies, have telegrsphed to the my-
ors of the communes asking them to Induce
. ,
(CmuIIuuvJ. oa Bocoud. Pass.)
4
!GEfiMAN consumption
Horsee and Don Furnish Ii
Inn Supply to the
People. A,,
RERUN. Dee. 11. The
V today
discussed Interpellation t, V rnmtnt
on the meat scarcity In C .ny. Intro
duced ty the radicals and so .talists. The
chancellor wag asked whether the govern
ment was willing to Improve the s'tuatlon
by opening the frontiers to the Importation
of cattle and by the abolition or reduction
In the duties on animal foods.
Hrr Weimer, radical, cited the wholesale
price of meat In Germany as being iiH
cents a pound, while In Relgium It was 14
cents, In Spain 134 cents. In France 13
cents. In England l.IVs cents. In the United
States 13 cents and In Russia ?4 cents.
He ad. led that the various petitions and J
v....,pm.t. Ul lre cown councils was me ,
beat arguments that the whole population :
! felt the meat scarcity. The speaker fur- I
thcr averted that the meat consumption. I rouli not be posltlveIy predicted, his pres
which was over forty pounds per head in ent oopdlt!on was decidedly favorable to
Germany in WO, -was only a little over I . rrp,iv rtmvm-
thirty-six pounds per head in l!si, while
the consumption of horse and dog flesh
had increased considerably. Heir Weimer
also snld that he had been Informed that
the German nHval authorities had asked
the government for permission to order
foreign canned meat in rue of mobilization
.i ..,.,, Ul vj. ,,.,. ca.u.eu ...cdi wo
"'"ciem.
CONDITION OF THE SHAH
Persian Merchant Says He la Dead,
but There la So Con
firmation. NEW TORK, Pec. 11. H. K. Topakyan,
rslan meichant here and who at one ,
time was a si-ecial car mission, r general of
Persia to this country, announced early
today that he had received reliable in
formation that the shah of Persia was
dead. He said the shah had been dead
three days and that the official announce
ment would be made public by the Persian
' ...
ceived here today tending to confirm the.
t of u
CONSTANTINOPLE, Dec. ll.-An official
.,,, . , , ,,,,,
dispatch from Teheran, Persia, dated De-
,. .,..
. . .
who Is attending the shah has pronounced
the latter's condition to be hopele
he can not survive miny weeks.
the latter's condition to be hopeless, addinif i
TEHKHAN. Pvc. ll.-Lnter this evening '
the shah's condition took an unfavorable
turn, during which he had spells of faint
ing. HERR DERNBUnG LOSES POINT
German Colonial Director Unable to
Get Cash ISeceasary for
African War.
BERLIN, Dec. 11. The appropriations
committee of the Reichstag rejected today
by a large majority the supplementary
budget, amounting to over 7,3vO,WO, Intro
duced in order to meet the expenses of
the war in Oerman Southwest Africa, mak-
Ing tM.m,M for the fiscal year ending
March 21. 19J7. , j
This action was taken by the committee t
against the contention of Colonial Director !
Dtrnburg that It was necessary to main
tain a sufficient garrison in that colony and
is regarded as being partially due to the
Influence of the center party as a result of
the controversy between Herr Dernburg
and Herr Roeren, the centrist leader In the
Reichstag on December 6.
STUDENT HAS AMMUNITION
Rnsatan Police Kind Arma and Kl
ploslvrs in Room Occupied
by Voith.
ST. PETERSBURG. Dec. ll.-The police
searched the lodgings of a student named
Karbasnlloff, acn of a leading merchant,
and found a stock of rifles, revolvers and
bombs, a auantltv of new exnlosiwa of
rising.
MOSCOW. Dec. 11. The trial of sixty
eight revolutionary legionaries who were
captured In the Prcsna snburb, the last
stronghold of the Insurgents in the Decem
ber revolt, began here today. The accused
men were subordinates In the organization.
The lenders either escaped or were captured
and summarily shot.
PII.AJA-VK LEADERS ARB KILLED
Fight Last Week Proves to Be Great
Victory.
MANILA, Dec. 11. Full report" from the
Island of Leyte show that the Iih'bt on Ie-
cember S between the tr iops and constabu
lary and a band of Pu! a Janes was an im
portant victory for the government. Four
llilajane leaders were killed, leaving only
one important chief stl'l at large. The ban-
dits lost forty-three killed. Major Generul positively that at 11 o'clock In the moru
Wood has ordered the troopers of the Sev- ing ,enaia 0f the miners' code, trans
enth cavalry to participate ln the active ; fcrred over the steel rails of the tramway
pursuit. j leading down the shaft, were exchanged
Those wounded in the encounter are lm- between the helpless miners and a oirtv
pursuit.
proving Both the fnllitary and civil au-,
thorjtles predict an early cessation of the
present trouble and Governor Smith re -
gards the end of Pulajanism in I.eyte as
assured.
The campnlgn in Somar Is progressing'
, In a manner satisfactory t.) the govern-
ment. Ti or three rebellious bands have
been dispersed, their lenders being killed
or captures, oenrrai wood believes that
the Insurgent problem in S.imar has been
solved, hut thinks th.Ve may be several
more small engagements ln I.eyte liefore
the trouble there Is finally settled.
"T
w.r.r. " ,,aP,.r-
MADRID. Dee. ll.-The premier, the Mar-
quls de Armljo. ex-Prenier Moret and
President of the Chamber of Deputies Ca- j
nalejas. leader of the new rarty known as
the extreme liberals, are sounding the Vati
can authorities ji to whether they are
prepared to tuf
iflort a
law of associations
, certain mod'flcatlons. If the pope is
j found Intransigent they Intend to press the
, Uw a now dra.ted in Its entirety.
Raaslan Workmen In Htver.
ST. PETERSBURG. Dec. ll.-The Ice on
the Neva broke last night while hundreds
of working people employed at Thornton's
factory ln the Nevsky quarters were re-
turning to their homes across the river
Many were precipitated Into the water and
, wlid rumor of gnat o-s of life were clr-
. culatea. but. according to the manager of
. ,h( worki lh(le ere no f4tamiei
j Korwesitan Trawler Goes Dow-s.
! CHRldTIANSAND. Norway, Dec. 11
The steam trawler Forsoget has leen sunk
I n a storm. All nt its crew, numbering
twelve men, were dromned.
! :
Emperor Greris American.
j RERUN, Dee. 11 -Emperor Wllllarn to-
rta5r received Prof. Hugo Mu ns'erburg.
! finifmij at Kv-i.-i.c, at H!vrtl uni-
vcrs.ty.
yM mcabe stricken
Apoplexy Oreroomet Prominent litthadist
Leader in Kew York.
SPEEDY RECOVERY IS EXPECTED
Illness Seises the Bishop on Street
and He Is Taken to
the Sew York
Hospital.
NEW YORK. Dec. ll.-Plihon Chnrl
Cardwell McCabe. who Wore his election
to the bishopric of the Methodist Eplsc ip il
church was popularly known as "Chaplain
j McCabe." was stricken with apoplexy Just
aft,.r
arrived In this city today. He
was at onc(J move(, , the w Yn,k
i,,.-,,.,.,,. ,,,,, -. ,h.,,
.,,, ,v, ..... .., ..,.
Plshop McCabe makes his homo In Phila
delphia. He came here ti day from Turling
ton, Conn., on business connected with the
church. He had stepped briskly upon a
Pennsylvania railroad ferry boat at the
West Twenty-third street terminal, when
suucieniv Biacrcroel and re 1. lie was
carried into the ferry house and an amb.u
lance summoned.
I c uiuiuoiic u. i rie uisnujj was uncon
scious ror a few moments, but had re
covered consciousness before be reached
the hospital. Mrs. McCabe was notified at
Philadelphia and was expected here tonight.
The bishop became known formerly as
"Chaplain" McCabe because of his service
during the civil war in the One Hundred
and Twenty-second regiment of Ohio volun-
h- . n army ... .
his book, "The Sunny Side of Libby
Prison," In which institution the church
man spent four months. He was born at
Athens, O., in 1SS6.
The love for Bishop McCabe among the
Methodists of Omaha, where he Is so well
known, found tangible expression In the
dedication of the little Methodist church
at Fortieth and Farnam streets under his
name the McCabe Methodist church. The
church is prospering now as it has not
before and bids fair to be one of the active
religious forces of the city . It occupies
w'c wing ine oniy
iimi ks ii wiiuiii a. rauius ui one nine ana
n"mb' Bn10n attendants many people
of other than' the Methodist denomination.
ILLINOIS LAWYER A FORGER
Daniel F. Ranm Admits Forging Mort
gages to Land and la
In Jail.
PEORIA, III., Dec. ll.-Danlel F. Raum,
one of the most prominent lawyers of this
city and a eon of Green B. Raum, ex
convmlssloner of pensions of the United
Slates, stands accused of being a forger
in the sum of S10.000. It is said he executed
IaJ8e mortgages on Jvnox county land, and
p- - Cunningham, a money lender. Is the
complainant. Raum has surrendered hlm-
elf K the state's attorney, admitting hla
aad h wu" immediately placed in the
county J"-
Shortly before noon today Raum entered
the office of State's Attorney Bcholer.
"I am a forger," he said and delivered
himself over to the officers. He was willing
to make a confession and sign his name to
a written document.
He told a story of traveling with a class
In society which required means far be
yond his own. It was a pitiful tale he tin
folJed as he detailed how he had com
mitted his first crime to secure money for
his living expenses'. He could not meet the
forgery when he had expected to and an
other resulted. The gross amount of his
forgeries aggregate $10,000. Three thousand
of this is due Frank O. Cunningham, a
loan broker, and the remaining tT.noo is
scattered among other parties ln smaller
amounts. It was a week ago that discov
ery, long deferred, came and Mr. Cunning
ham sent for Mr. Raum. They had a con
ference in reference to one of the forgeries
which Mr. Raum expressed a hope to pay.
Another was discovered and, despairing of
ever meeting the obligations, failure to pay
which unquestionably would result ln his
arrest, he voluntarily surrendered himself.
ENTOMBED MiNERS ALIVE
Great Dime ally Will Be Experienced
In Savins; Them If They
SarvlTc,
LOS ANGELES. Cal.. Dec. 11. The six
miners whj were entombed at the Edison
Electric company's works in the Kern
river canyon Friday morning by the cave-in
of the shaft ln which they were work
ing were alive at 11 o'clock Monday morn
ing. An old miner, C. E. Moore, came
from the works late last night and state. 1
.-,r,,i,, ,,, rk. i .h- v !
leading down the shaft, were evchan.r.,,1 '
of r s uers working from the top of the
' shaft.
Saving the lives of the unfortunates
' jf they are not dead already is looked upon 1
i as next to Impossible. Three rescue par- j
I lleg have bet.n at work since Kriday an1 j
little or no p.-ogTess has been made. One1
1 party woiklng through the shaft from tht '
bottom passed through one caved-ln bul- '
w.ri. l.ur were unahu to r,.. ..,a '
beyond which the miners are It prisoned.
Blasting this bulwark and allowing the
men and rock to pass down the shaft j-v'
pipe together to the power house ;'.
Is th? only means of rescue. Moore si
1 that despite the pleading of the miners '
workmen the Edison company v.lll . .
,ssue older, to w, Moor, be,ev ,
i fh ,k. v,v.. v,ri,. r , ,,
water pipes running down the shaft an 1
are keeping alive by drinking water.
SENATOR BROWN IS DYING
Utah Attorney Who Was Shot by Mrs.
Bradley Will Live But a
Few Hours.
'
WASHINGTON, Dec. 11. Former United
P'-116 Senator Arthur Brown, who was
hot down ,n room at the Raleigh hot.-l
1"t stur5ay Mr- Anna M. BradUiy, is
gradually sinking and his death may occur
at any moment. According to a bulletin
given out at 7:15 o'clock at the Emergency
; hospital .the senator's physician does not
1 expect the patient to live through tho
' night.
Mr. Brown's son and daughter, who have
viuited him constantly since the shooting,
were at the bedside in the hospital warn
tonight. Though his vitality was weaken
ing fast, he was conscious and assured the
children that he would live.
Mrs. PradUy. who is still In a cell at the
' House of Intention, when told the form.-r
Senator was slowly sinking, expressed tier-
I Self as deeply shocked.
BUILDINGS FOR NEBRASKA
Bill for rnstoftlcr nt Plat tsmoath and
folnmbna Introdnred In the
Senate.
(From n Staff Correspondent )
WASHINGTON. Pec. 11 (Special Tele
gram.) Senator Millard today Introduced
bills, each carrying an appropriation f
IVi.no for the erection of public buildings
at Plattsmouth and ColunJ us. Neb. The
omnibus appropriation bill for public build
ings passed at the last session of congress
appropriated 17,500 to be expended for the
purchase of sites In each of these Nebraska
cities. These sites have not yet been se
lected. In fact, a special agent of the archi
tect's department, it was said today, would
be sent to Nebraska to look over several
sites In the two cities within the next thirty
days.
Senator M.ilnrd called upon Secretary of
War Taft this morning in regard to the
apportionment which is to be made out
of the general appropriation for army
posts for the further Improvement of Fort
Robinson. Neb. Secretary Taft Informed
Senator Miliar! that an apportionment of
J355,'' had been made for Fort Robinson
and that the War department wcAild tnke
Immediate steps to commence the work of
Improving this post. It is the Intent of
the War department to mnko Fort Robin
son a full brigade post.
A favorable report has been made on the
pension bill Introduced by Senator Millard
to Increase he pension of C. F. Morgan
of Omaha from $;4 to 100 .
Senator Millard to.liy Introduced bills to
Increase the pensions of Thomas W.
Ritchie of Pupilllon and Solomon Draper
of Niobrara from $12 to $.10 each.
Senator Burkett has secured favorable
reports on the following pension bills In
troduced by himself: M. T. Houser.
Waverly. ?4; L. C. James and A. L. Hol
brook. both of Lincoln, at $30 per month
each.
Representative Cousins today Introduced
a bill empowering the secretary of the
treasury to sell at public auction or private
sale, for cash, at not less than $15.0), the
public building on the easterly twenty feet
of lot 2 and the westerly twenty-two feet
of lot 3, block Zj, In the city of Cedar
Rapids, la., being forty-two feet next ad
jacent to the present site of the postofflce.
The proceeds of this sale are to apply to
the general fund for the acquisition of addi
tional land and the extension of the present
postofflce structure. t
Senator Kittredge today introduced a bill
providing for Increasing the pension of
Charles H. Clapp of Potter county. South
Dakota, to $24 per month.
Congreesman Hinshaw had a seance with
the superintendent of the rural free de
livery service and as a result a special
agent will be sent to Belvldere to examine
Into the feasibility of establishing a new
route out of that town. The people living
north and south of Belvldere are hot after
an additional route, and it now looks as If
their wishes will be gratified.
Congressman Kennedy had a telegram
this morning from C. E. Foster, chairman
of the banquet committee of the McKinloy
club at Omaha, stating that Senator Bcve
ridge would speak at IJncoln on December
23, and requesting that he speak at Omaha
for the club on the same trip. Senator
Millnrd and Representative Kennedy saw
Senator Beveridge and he said it was abso
lutely impossible on account of his other
engagements. He will make arrangements
for no other speeches until after the ad
journment of congress.
Congressman Kennedy lias secured an In
crease of pension to $10 pe rmunlh for Plyn
Brown of Omaha.
Nebraska postmu&ters appointed: Her
shey, Lincoln county, William M. Evans,
vice J. W. Pickett, removed; Sawyer, Fill
more county, John T. NkJiaus, vice K, kL
Wlrz, resigned.
Rural carriers appointed for Iowa routes:
Greenville, Route 1, Oliver C. Davia, car
rier; Mary Davis, substitute. New London,
Route 3, David O. Ketherford, carrier;
Frank Ketherford. substitute.
Civil service examination will be held
January 12 at Creston, la., und January lj
at Norfolk. Neb., for clerk and carrier ln
the poslothce servloe.
Upon recommendation of Congressman
Hinshaw, Dr. Joseph Mcrrow has been ap
Io4nted jienslifn examining surgeon at
Seward. Neb., vice F. A. Marsh, resigned,
and Dr. J. A. Downs at Carroll, la., vice
Dr. A. R. Kesner, resigned.
Upon the recommendation of Congressman
Connor, Walter Henld of Lincoln, Neb.,
has been appointed laboratory assistant in
the Department of Commerce and Labor.
L. R. Walker of Murray, F. W. Perry of
Waterloo and C. F. Hovey of Council
Bluffs. Ia., have been appointed railway
mall clerks.
NOMINATIONS ARE HELD UP
Before Senate Committee Will Report
Members Must Know When
Cabinet Officers Retire.
WASHINGTON, Dec. 11. Before the sen
ate confirms the nominations of George B.
Cortelvou to be secretary of the treasury
and James R Garfield to be secretary of
the Interior, the senate committee on
finance will Insist upon learning from
President Roosevelt when Secretaries Shaw
and Hitchcock intend to retire.
The committee today declined to make
favorable reports on these nominations
until word has been received from the
president.
Failure to act on the nominations doe
not Indicate hostility to Cortelyou and Gar
field. Political questions, it was declared,
did Aot enter into the case. In fact a re
publican member of the committee raised
the question of the desirability of calling
UHn the president by suggesting that the
manner of making tht appointments Indi
cated that the president was taking options
i available men for the cabinet and coin
i ttlr.g the senate to them in advance of
any information as to the beginning of
their period of service.
During the consideration of the nomina
tions, the attention of the committee was
called to the nomination made yesteiday of
Thomas Ives Cliattield of New York to be
United States Judge for the eastern dis
trict of New York in the place of Edward
B. Thomas, "who Is to resign soon." The
latter explanation appeared In the pace
where it is customary to show the date on
which servloe of the new appointee Is to
begin or the date of the retirement of the
Incumbent. Comment on this nomination
was freely pasaed.
RAISOULI ON THE WARPATH
Bandit Offers to Drive All Christiana
from Tansler or Kill
Them.
NEW YORK. Dec' 11 A Times special
cable dispatch from Tangier says: Raisoull
hes Informed the Moorish officials that
after conferring alih the mountain tribe,
he was prepared to march upon Tangier
at the head of 16.000 armed Moors anl
drive into the sea snd massacre every
.Christian In tLat pU
COAL CASE STILL WITH JURY !
All Night, All Taj and ETeninr Matter
Is Argued and Considered.
SOME INKL'NG AS TO THE OUTCOME
Jarora Are Closely Guarded and They
Ask for More Instructions
from Jndae Sntton on
Certain Points.
The second night of Imprisonment failed
to bring about an agreement ln the alleged
Coal trust Jury and at a late hour last
night hopes of a verdict were practically
abandoned. At 11 o'clock the court ofli
cials, who had held themselves In readiness
to receive a verdict, left the court house
and went home. The Jurors, worn out by
the twenty-five hours of wakefulness, had
apparently gone to sleep as tverything was
quiet ln the court room where the Jurors
mere locked up. The only hint from the
Jury room came early ln the afternoon,
when the Jury asked the court for further
Instructions on a part of the evidence.
Their action Is interpreted indifferently by i
the two sides. j
The Jury is closely guarded and no very
authentic rumors of the way the vole i
stood percolated through the walls of the
Jury room. At midnight Monday night the
Jurors were taken from the small Jury
room ln the basement of the court house
and given the range of the large court
room No. 1. They were returned to their
quarters In the basement early ln the
morning. They worked hard all iilht de-i
voting the entire time to balloting and
disct'tsing thf case.
Asks Further Instructions.
The Jury filed into the court room at !:
and E. G. Brain as foreman asked the
court that the memories of the Jurors be
refreshed as to article xli or the by-laws,
referred to in the Judge's charge. This Is
the article relating to soliciting business.
In his charge Judge Sutton held this article
Is In violation of law and If tho
Jury found It was ln force by tne con
nivance and assistance of the defendant
Howell and that he was a member of the
exchange, while this article was in force
a verdict of guilty should be returned.
The Jury asked its memory be refreshed
as to the purport of the article.
Judge Sutton prepared a special instruc
tion covering the matter.
The Jury was not asked how the vote
stood. These were rumors it stands 10 to
2 for conviction.
In his special Instruction Judge Sutton
said if the Jury found Article XII was
kept In force by agreement of the defend
ant and one or more other members of the
exchange between July 1, 19f5, and Sep
tember 14. 1906, or if the defendant carried
on his coal business In conformity with
the article he would be guilty and the Jury
should return a verdict to that effect. The
article In question Is as follows:
Soliciting as referred tn In fhe hv.l
hereafter written shall apply to members i
of any firm having a membership ln this
exchange their agents, clerks and drivers. I
nnd shall consist of the personal or verbal .
introduction of the subject, the personal i
presentation of a card or other token of 1
business or any other act eab-ulated to ef
fect a sale: but It is understood that
printed postals with nddress rn!r on one
side and on addressed printed matter en
closed ln addressed envelopes are not
within the Inhibition of this section. The
eychnnge shall not Interfere with prices
made between members of the exchange,
or as to whether the same shall be at
wholesale or retail prices.
It has been decided not to take up the
Sunderland case until Monday as so many
of the Jurors are busy on other cases it
Is believed Impossible to get a Jury from
the present panel. H. H. Baldrlge will
appear in this case ln addition to Messrs.
Conncil and Stout.
i CHOCTAW LAND WITHDRAWN
: Action of Interior Department Cause
Consternation ln Indian
Territory.
MUSKOGEE. I. T.. Dec. U.-More than
two-thirds of the Choctaw nation and
twenty-six townships in the Cherokee na
tion have been withdrawn from allotment
by telegraphic orders from the secretary
of interior. The Cherokee land office and
the land division of the Dawes commis
sion are practically paralyzed on account
of the orders.
tlon The land withdrawn In the Cherokee
nation Included the Ozirk and Wauhil'.ua
clubs and extends from the Arkansas line
west to within six miles of Tahlequah, and
is not good fanning land, but Is well
stocked with game and fisb.
Tho Choctaw land , withdrawals are of
timber land or land that may readily be
timbered.
In the land withdrawn scores of towns
are situated, connected by important rail
roads, and the Inhabitants are in consterna
tion. No explanation has been received by
Commissioner Blxby except the telegrams
from the department and a map on which
the territory withdram'n from allotment
was Indicated by blue pencil drawing, and
the notation, "lines showing land to be
withdrawn from allotment on account of
the Jack Gordon game preserve and the
forestry reserve."
OFFICIAL VOTE TO NEW YORK
Charles E. Hashes, Republican Can
didate for Governor, Is Elected
by Plurality of BT,t73.
NEW YORK, Dec. 1L Complete and offl-
i clal returns of the vote cast for state
' officers In every county of New York state
In the recent state election show that the
entire democratic state ticket, except Its
candidate for governor, was elected. Charles
E. Hughes, republican candidate for gov
ernor, was elected by a plurality of 57,973.
The pluralities for the democratic candi
dates for the state offices below that of
governor ranged from 5,412 for Chanler to
14.250 for Martin H. Glynn, the democratic
candidate for comptroller.
MRS. GENERAL O'BRIEN DYING
All Hope, of Recovery Abandoned and
Absent Children Have Been
gammoned.
Mrs. George Morgan O'Brien, widow of
the la:e General O'Brien, is lying at the
pednt of death at the residence of her son-in-law,
W. A. McEiroy, 630 South Twenty
eighth street. All hopes of recovery have
been given up. Her absent children and
other members of her family have been
summoned to her bedside.
Iowa Minister t aaaaea.
SIDNEY. Is-. Dec. 11. (Special.)-Rev. C.
A. Marsh of Charles City, la., has accepted
a call to the pastorate of the Congrega
tional church ln Farragut, made vacant
several months ago by the resignation of
R' V. A. A. Cresman, who went to Red
Cloud. Neb. Rev. Harsh presA-bed Lis first
Scriuoa SoiidaJa .
Nebraska weather forecast
Fair Wednesday
Colder Thursday.
and Tharaday.
Te
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LODGE OFFICERJN TROUBLE
Recorder of Kansas City Temple,
Mystic shrine. Is Accused of
Embesslement.
KANSAS CITY. Dec. U.-Harry H. Allen
was arcsted here today on Information
sworn out by three members of the finance
committee of Ararat temple of the Ancient
Order of Nobles of the Mystic Shrine ot
this city, charging him with the embezzle
ment of $7.fill an recorder. Mr. Alien, who
is a prominent business man, has held the
office of recorder for three terms and Is
known to shrintrs throughout the country.
Ho was arraigned before a Justice of tho
pe,ace, plead d not guilty, and was releaseJ
on bond of $1,000 furnished by friends.
Mr. Allen's preliminary hearing was set
for December IS.
Mr. Allen was born in Spnrta, Tenn., in
1S50. He was In the lumber business In
Michigan In 1871 and came to Missouri In
1S77, ergaglng in business both at Sedalla,
and Kansas City.
Mr. Allen declined to talk of the charge
and referred to his attorney, Albert S.
M.iii'y. who said:
"We do not admit there are any dis
crepancies In the books, as keTt by Mr.
Allen. We will fight the case to the last
and it will be proved that he is entirely
Innocent of the charge. Mr. Allen's ene
mies have been after his scalp for years."
SCHMITZ ANDJUJEF IN COURT
Attorney for Indicted Men Attack
Competence of Grand Jury that
Returned Bills.
SAN FRANCISCO, Dec. 11. When the
cases of Mayor SchmiU and Abraham
Ruef were called today the mayor showed
less fatigue and anxiety than he has at
any time since his return from abroad.
A brief conference between the counsel
was followed an anouncement by Assist
ant District Attorsey Heney that there
would be no need of the fifty or more wit
nesses who had been subpoenaed to remain
as there would be no chance to cull them
until the argument was finished.
In order that they might have a clear
understanding of the case Heney stated
that he would object to the presentation of
any motio nto set aside the Indictment on
any other ground than those provided for
In the code. This point being understood
Attorney Ach beyan a long argument for
the defense. He began by expounding In
general terms the qualifications of Judge
and Jurors, finally disclosing ln a round
about way that whnt he wanted to show
was that Wallace E. Wise, a member of
the grand Jury, had been discharged as a
petit Juror ln Judge Lawier's court within
a year and that he was not competent to
serve on the grand Jury that found the In
dictments. KANSAS CITY, KAN., GOES DRY
Dr. George M. Gray, Citizens Can
- dldate. Is Elected Maor by
Plurality of 320.
KANSAS CITY. Mo., Dec. 11. Dr. George
M. Gray, citizens' candidate, was elected
mayor of Kansas City today by a plural
ity of 320 votes over M. J. Phelan, dem
ocrat, and John P. Sims, republican, at a
special election held to fill the vacancy
caused' by ouster proceedings of the Kan
sas supreme court which removed W. W.
Rose from the office of mayor. The can
; dldacy of Dr. Gray was supported by cltl
. sens, Including a large number of women,
who believe that the municipal affairs of
' Kansas City, Kan., should be non-partisan.
' Phelan was supported by ex-Mayor Rose
' and his followers, while Sims, who received
' a light vote, was nominated. It Is said, to
I divide the vote of Dr. Gray. The result is
! a victory for the law enforcement, or anti-
liquor element of the city.
EIGHT-HOUR DAY FOR MINERS
Homestake Company Makes a Prop
osition to Its Em
ploy es.
LEAD, 8. D.. Dec. 11. (Special Tele
gram.) Superintendent Grler of the Hiime
stake company, this morning, granted the
request of the Lead and Central City
miners' union for an eight-hour day, the
proposition for a settlement of the ques
tion coming from Superintendent Orler.
Harold Hamilton, a leading hotel man at
Deadwood, was In the city last nlpht and
received a telegram from his clerk an
nouncing the settlement of the difficulty
at the Homestake mine by the granting of
the eight-hour day. Mr. Hamilton natur
ally was greatly pleased at the news, as the
shutting down of the Homestake. the big
gest Industry by far In that section, would
have paralyzed business In the hills.
"FAKERS" ARE "GETTING BUSY"
Mri. gtorer Cannot Deny an Inter
view, but Says She W'aa
Misrepresented.
CINCINNATI. Dec. 11. Remarkable
statements were credited to Mrs. Bellamy
Storer In an Interview which was pub
lished here today, among them a, statement
that she and her husband had "created
President Roosevelt."
Mrs. Btorer today said that, while she
had seen a newspaper woman last night
and 4iad said some of the things credited
to her, the report as published gave an en
tirely different complexion to everything
said and undue prominence had been given
to certain incidents 'related during the in
terview. While unable to deny that such
! an Interview had been given, she said that
I so Incorrect and garbled a report had been
published that it did not give her views
or statements, and she did not want it to
be considered as coming from her. Be
yond this she refused to discuss the matter.
oldlrr Held for Robbery.
BTUROIS. 8 D.. Dec. 11 (Special Tele
Tm.) Walter Me Kellar, a soldier at Fort
Meade, was today sren a preliminary ex-
I amlnatlon before Justice Hunt here on
j charge of robbery, committed by MrKcllar
I and Frank GrandstafT on Joseph Merrltt.
a revldent oi niurgis. on rriauy. su iv.iiir
was bound over to the circuit court ln the
U'
IMPLEMENTS BURIN UP
Council Bluffs Visited by Disastrous Elan
Inrine Early Evening.
LOSS HUNDRED AND FIFTY THOUSAND
Third B e Fira Wh ch Has Struck Vhatla
Called ImplfmaDt Kw,
UNION TRANSFER COMPANY THE VICTIM
Bless Start in Roof of Tour-Story Ware
bcuie in Ujknown Kanner.
FIREMEN HELPLESS 10 STAY ITS SPREAD
Amount of Insurance .lot Denultcly
Known, bnt Thougnt to Be In
the rlahborhood of Eighty
Thousand Dollars.
What Is known as Implement row ih
Council UlufTs, suffered Its third disastrous
fire last evening, when the large carriage
; warehouse on the west side of Houth Main
! street lelween Thirteenth and Fourteenth
j avenues whs completely destroyed, to
jgeiher with the big stock ot the Union
! Transfer company and several other con
cerns for which the compauy acted at
shipping or transfer agent.
Fact figures on the loss could not be se
cured last night, but it will, In all proba
bility, be close to $150.0uo, with $30,000 in
surance. .W. A. Southard, manager of the Union
Transfer company, estimated the value of
the stock carried by his company at from
$75,000 to $SG,0O, with KiT.Ot'O Insurance. Two
of the larger companies for .which the
Union Transfer company acted as trans
ferlng agent, carried their own insurance,
and the smaller concerns possibly did the
same.
The building belonged to Dan Carrlgg,
who erected it, but was mortgaged and
T. O. Turner, cashier of the First National
bank of this city, was trustee for the
mortgagee.' It was stated there was either
$ii.M or $L'3,UX insurance on the building,
which, however, could not be rebuilt for
under $50,000 or MO.OiO.
The building and contents were entirely
consumed and It Is not thought possible
that there will be any salvage.
The building was practically two struc
tures with a fire wall between, being
erected by Mr. Carrlgg about a year apart.
The south part was four stories and base
ment, while the north building was three
stories and basement. The structure,
which was erected In ISM and 1R91. was of
brick, about 140 feet frontage on Main
street and 130 feet on Thirteenth avenue.
More Sure One Company.
The south portion of the building was oo
cupied by the Union Transfer company,
while the north section was unoccupleel.
the Peru Flow and Implement company
having moved from It about two months
ago to the warehouse across the street,
which hnd been rebuilt after the fire when
the building was occupied by the Fuller
Johnson & Shugart company In 11KH. The
Union Transfer company, however, had
a few1 gasoline engines ln the basement of
the north half.
The fire started In the roof at the south
went corner of the portion occupied by the
Union Transfer company, but from what
cause Is not known. At first the blase was
supposed to be Insignificant, but It made
tremendous, headway and ln less than an
hour the entire structure was a seething
mass of flames and all hope of saving- It
was gone. First one wall and then an
other fell, the dividing wall being the last
to drop, with a noise like thunder, into
tho basement of the north portion. The
firemen had hard work preventing the
bias spreading across Thirteenth avenue
to the building occupied by the Sandwlsh
Manufacturing company and the Rock Isl
and Plow company, and for a time It looked
as if this building was also doomed. Had
there been a strong wind from the south
nothing could have prevented the fire de
stroying the Sandwich company's building
and probably sweeping farther north up the
street.
At times there was considerable danger
of the Burlington freight depot, a frame
structure directly across the street from the
burning building, catching fire, and a
stream of water had to be played on It con
stantly. Boy Discovers Fire.
How long the fire had been burning ln the
roof, which was composed of tar and gravel,
before It was discovered Is not known, but
It undoubtedly had been eating Its way
alons and under the roof for sometime. It
was shortly after 5:30 o'clock when a
young srm of Frank Beebe, owner on an
exptess wagon service, saw smoke Issuing
from the roof. He at once notified the of
fice force In the Union Transfer company's
office.
W. J. Anderson, the foremen, ascended
to the fourth floor, where he found melted
tar and sparks of fire. The latter ho
smothered with a canvas before the arrival
of the fire department. The firemen got a
hose up to the fourth floor by means of the
elevator, but were scon diivn back by
moke and heat. In the meantime the of
fice force inado haste to transfer all books,
accounts and everything else moveable lit
the office Into the large vault in the south
east corner of the building. Whether the
value withstood the Immense heat cannot
be learned until later.
Driven from the fourth floor the firemen
found It necessary to fight the blase from
the outside, but It was soon evident that
they were perfectly powerless with the
water at their command to even as much
as check the fiarr.fs. By 7 o'clock the big
building was a mats of ruins, with nothing
more than the four walls up to the first
story standing.
Statement of Manager.
Mr. Southward, when seen, said: "I hare
no idea how the fire started. All I know
Is that It started In the roof, but front
what cause I cannot even surmise. When
I and Deputy City Marshal I'rum went to
the fourth floor, after the arrival ef the
firemen, I could not perceive any fire, and
I am at a loss to understand why at that
stage It conl. not have been entirely ex
tinguished and the building and stock
saved. We carried, I fcheuild Judge, close
) upon $s5oon stock, with ti.''Q insurance."
The Union Transfer company was organ
ized several years ago by O. P. McKesson
and H. I. Forsyth as principal owners.
Mr. McKesson, it is understood, still has
an Interest in the company, but Mr. South
ard securnd Mr. Forsyth!' interest and suc
ceeded him as msnsger. The company
acts as transfer agent for the Stc-rllnjr
Manufacturing company of Sterling, 111.,
and the Newton Wag n company of Ba
i 'avia. 111., be.th of 'which concern had
j large storl of g.od In the building,
i Fume time a.o the Union Tiansfer com
pi.y U. allied to gel out of the transfer
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