he Omaha Daily
Bee
VOL. XXXVI-NO. 159.
OMAHA, THURSDAY MOKNIN'O, DKCHMHER 20, 190G-TWELVP PAGES.
SINGLE COPY THREE CENTS.
BISHOP MXABE DEAD
Piitinmitd Vethodist Prelate Tmb!
Away in New York Hospital
STRICKEN WITH APOPLEXY LAST WEEK
Forty-cMi Ytira of Actire TTorg
Ministry Inrli,
in
SERVED AS CHAPLAIN DURING WAR
BeoreUrj of Beard of Cknroh Extension
Many Tears.
ALSO ACTIVE IN MISSION WORK
He Wi( Rated as a Moitf lUlicr and
Originated Phraae W Are
Rulldlaa- a Church Every
Day."
NEW TORK, Dec. It. Bishop Charle C. I
McCabe of the Methodist Episcopal church
died la the New York hospital at 5:30 a. m. I
today. Death waa due to apoplexy with
which the bishop waa atrlcken several days I
ago while paaslng through this city on hla
waj to hi home In Philadelphia. Mrs. I
McCabe and the bishop's niece, who havo I year," declared Assistant District Attor
been with him almoat constantly since he I ney Franc! J; Honey. They have planned
wa stricken, were at hla bedside when I
noted clergyman paaeed away, I
Bishop McCabe wa stricken when about I
to leave this city on December 11. The night I
before that he had delivered hla famoui I
lecture on "The Bunny Sid of Life In Llbhy I
Prison, at Torrington, Conn., and was I
passing through this city on the return I
to his home In Philadelphia. .Accompanied
by Dr. George P. Main, publishing agent
of the Methodist church, the bishop hud
reached the West Twenty-third atreet ter- I
mlnal of the Pensylv&nla road and was I
about to tep upon a ferryboat when he
staggered and fell unconscious. He waa
carried Into the ferry house and as Boon as
an ambulance could be summoned waa re- I
moved to the New Tork hospital, where I
he received treatment as a private patient I
Meanwhile the bishop regained conscious- I
nesa and the Indications of the twenty-
four hours following were that the shock I
had been a slight one. At that time hi I
condition gave promise of speedy recovery I
and the former health of the patient en-
couraged thin hope. Juat before the Uaf I had appeared In the S.in Francisco pa
lie had walked briskly and carried a grip I pera, but the questions were ruled out on
weighted with books and papers without I
apparent fatigue.
Feared Serious Illness.
Bishop McCabe, however, early realized
the seriousness of his Illness and his first
words upon returning to consciousness
were:
"Please notify my wife that I am 111 and
ask her to come at once.
That night Mrs. McCabe and his niece,
who was also his secretary, arrived from
Philadelphia and have remained nt the 1
hospital. I
The . condition of the patient did not I
j 1B" iroicrmnjr unin ctuiy wiuraj i
When ha lnn4 Inf o iinfnnactntiNneM. Frnm I
- -1 --- - - -
men on th bISTinp rancd graduauy and I
Monday the physicians In attendance aald 1
that the outcome waa no longer In doubt
Bishop McCabe was born at Atnons, o.,oould should be held responsible, as the
October 11, 1836. He entered tha Ohio con- I
Terence or tne Metnod'.st cnurcn in iteu ana 1
two years later became chaplain of the
une tiunarea ana 1 wenty-seeona unio in-
rantry. He was capture! in tne Dame or 1
wincnester ana spent tour montns in
Ubby prison. Ills experiences as a pna- 1
oner of war were later recounted on the
lecture platform. For more than thirty
years he was popularly known as "Chap-
lain McCabe" and the title clung to him
even after the general conference of the
juemoaisi cnurcn in low maae mm a
bishop,
Following; the war he became pastor of
chuich at Portsmouth, O.. and later was
associaiea a assistant aecreutry wun me
board of church 'extension;
While engaged In church extenalon work
he originated the rally cry, rW are
building a church every day." His success
as a money raiser was remarkable and
later as secretary of the Methodist Mis
slonary society, to which post he was
elected in 186t. he added fSW.WO to the an-
nai income or tne society, we was a singer
and hla songs were a feature of his pleas
for funds. He was chosen chancellor of
the American university at Washington
December 10, 1902.
MOST ACTIVE MINCB AIBI'RT
Review ef Life ay Cloae Personal and
Charch Friend.
"In Bishop MoCabe, Methodism has lost
the most active bishop It has bad since
Francis Asbury," said Rev. J. Randolph
Smith, pastor of the Trinity Methodist
church. Rev. Mr. Smith was a cloae
friend of the bishop.
"He had a remarkable capacity for
work," aald Rev. Mr. Smith. "Ha leaves
. . .1 k r . T .
manta In the way of churches erected and
poor congregations and paetora helped
Such of this he did on hla own reaponsl
blllty, aside from the vast amount of work
lis did and Inspired publicly throughout
the ohurch. During the ten year he was
bishop this personal work amounted to
naarlv iltin 0OO. Ha kfent a tntiat tr-l.-t mn-
count of all moneya received. I once saw
this account Receipts noted ran all the
way fiuin t cant to llO.Otx), while the Itema
of disbursement varied from $1.35, express
on clothes to a poor minister, to $&,OU0,
whloh he gave for raising a mortgage.
"Ha waa a man of wonderful sympathy.
Wherever th cry of tha sick and poor wa
heard, there Bltltop MoCabe waa found.
At on tlm a certain minister died
th
result of an operation ln Minneapolis. He
left S3,000 life Insurance and two little boy.
Th hospital and funeral expieea amounted
to .i0. Th bishop wrote to 111 saying
he had secured half of this amount from
friend. I must lecture and dig for th
balance, for that fJ.OuO must be Ui't Intact
for the education of thoae little boya. h
aald.
"H wa a man of wonderful simplicity
and naturalness. He never lost his child
heart I remember when we were travel
ing through th Tallowston park. We
used to camp every night and tha bishop
insisted upon finding the wood and building
tho camp fire.
"His sympathy for anlmala gained fur
him tha name, "The John Wesley of Mod
ern Mtfthodlam.' Aa he waa oomtng with
all the church d'gnttarles from the church
In C) val.nd, where he had been made
bishop, he saw a peddler's horse lying on
the pavement, wher It na i fallen. Throw-
lng his coat on a frlend'a irra ha turned
to help the men who were getting th
animal upon It feet.
"He waa a man of the grrjteat courage.
No work was too dangerous, or too fatigu
ing to engage hla attention. With all theae
(Continued An nVoofsl Page.)
ISCHMITZ AND RUEF IN COURT
Mayor U Rrailr for Trial, While Hln
Co-defendant In eeklns;
Delay.
SAN FRANCISCO. Dec. 19.-When tho
case of Mayor Schmlti anil Abraham Ruef
"a called today Attorney J. C. Camp-
bell.
on rwnair or Muyor Benmitz. asKea
Judge Dunne to rile on the motion made
yesterday to dismiss the Indictment, ao
that a demurrer might be filed. and the
mayor proceed lo trial
"I cannot rule on that Indictment until
tne co-defendant. Ruef. complete hla ex
amination 01 me grana jury, Hnswerea
the court,
Attorney Campbell protected against the
ruling, declaring that he could not be heK
responsible for the action of the ro-
fendant. The latter, he said, might s
duct hla caae In hi) own way. Thli bro
a statement from Attorney Hiram Joh
son, who said that the head official of
the city administration wa demanding an
Immediate trial, while Ruef nought to
make delays.
"Schmltz and Ruef are co-defendants
and elected to make their defense to
gether," he said.
Attornev Camnhell denied that any such
agreement had been reached. He averted
that when the motion to act aside tho
Indictment waa made It was announced
that the defendants might separate If they
saw fit to do ao.
"They will keep the rrrind Jury In this
court house until after the end of this
to do that very thing. At the expiration
of the ear the grand Jury will be dls
missed, and If the defendants can keep
the Juror In court a few week longer
the municipal Investigation will be su
pended for a time tt least.
This led to a heated argument between
the attorneys, which was ended by Judge
Dunne, who declured that the ruling on
the motion to dismiss would not bo made
until Ruef 'a evidence had been submitted.
Attorney Campbell surprised the court by
stating thnt the motion to dismiss applied
to Indictment No. M and had io reference
to the other four Indictment charging the
mayor with extortion. This means that
the same evidence may be taken all over
again four times, should the defendant
see fit
The first witness today was Jacob Gar
flnklc, an attorney, who admitted friend-
ship for Grand Juror M. A. Livingston.
An attempt was made to question sev
eral newspaper men as to the source of
articles In relation to the defendants which
objections by the state.
MADAME GOULD VICTORIOUS
Former Conntesa Defeata Thirteen of
Fifteen Creditors In Salt Over
Connt's Debts.
PARIS, Dec. 19. Madame Gould, the
former Countess de Castellane, has been
victorious In the suits brought by creditors
,nd money lenders against her with the
oblect of making her Jointly rcsoonslble
Wth the count for t!;o latter's debts
Thirteen or the nrteen cases were dis-
.1 . .. 1 . v. . ... H.i.u ..
ijuvacu IUUD7 VJ liio uuw, ,'Hti uaia
aKainst the plaintiffs.
cjnly ln tne case 0f two art dealer did
tne prt express the opinion that Mme.
object purchased ln these Instances for
tne most Dart Rre Btln m her possession
There are still three cases to be passed
upon) i dismissing the thirteen suits the
held tnat the pitting haa faied to
proV( tnal the debts were contracted for
tne r)mmon benetit of the count and
COUntess. The latter, the court declared
h!td more than fulfiliea the obligations un-
der ner marriaB-e contract. During her
weddea ufe Bhe had stained nothing for
herself, her entire revenue being collected
hv ht,P hushand and emnlnvnd. accordlnir to
his own admission, either for the house
hold expenses or for the payment of his
Mr,on. debts
BOMB AND BULLETS FLY
I'naaecesafal Attempt is Made to At-
asalaate Chief of Police
at Loda.
LOnz. Dec. 19. An attempt to assassinate
chief of Police Cheshanowskl waa made to
day. The would-be assassin hurled a bomb
beneath his carrlub-e. and opened fire on
I him
Although the chief -neaped with but
slight injury to his foot, his carriage was
wrecked and the coachman and three
dragoons, who were escorting him were
probably fatally wounded by bomb splinters.
The terrorist escaped.
KING OSCAR IS STRONGER
KJaaj of Sweden's Condition Shot
teady Improvement, Me Pass,
laar Quirt Klght.
OTAVIJAT Vf TiaW 11 laTfrVc- rmsxw. Ann
tlnuea to make steady progress toward re
I ,,..,, ,,,.. . . . ,. ,
co very- The bulletin Issued by his attend
lng physicians this morning was as fol
lows:
The king passed a quiet night. His tern
perature ihla morning was Ml and his
heart action was somewhat stronger,
Otherwise hie condition la unchanged.
KARL HAU GOES TO GERMANY
American Professor Must Face
Charge of Murder Preferred
at Baden Baden.
LONDON, Dec. 19. The extradition of
Prof. Karl Hau of the George Washington
university, Washington, D. C, to Germany
waa xoriuaiir imuiwi si ine row aireet
police court thia afternoon on tha charge
of murdering hla mother-in-law, Frau
Monitor, at Baden Baden November S.
SERIOUS WRECK IN KANSAS
Bwck Trala Uith the Track
aad Twelve Prrsoas are
Injured.
HUTCHINQSON, Kan.. Dec. 19.-Chlcsgo,
Rock Island A Pacific passenger train No,
SO, eastbound, wss derailed at Culllson, in
Pratt county, south of Hutchinson, early
today. The whole train left the track an
all but the engine turned over. More than
twelve persona were Injured, some of them
inore or less serious.
The wreck Is believed to have been
caused by spreading ralla The Injured
' Wr brount t0 Hutchinson , hospital
Th most seriously hurt wa th Pullman
conductor. Among the Injured are the
following:
Mr. E. M. Lecerne of Keokuk, la.
Lee Lecerne of Keokuk, la.
J. D Biant of Chicago.
L. M. Hanson of LI Haao.
C. E. i'ralla of Chicago.
Th wreokad train waa mad up at El
Paau.
CATALOGUE HOUSE FIGHTS !
Ouicafo Concern Brines Injunction Suit
Against Eeuth Dakota Retailers.
CHARGES CONSPIRACY TO HURT TRADE
Action la Looked Vpon as Teat Caae
la Fight of Retail Dealers
Aar 'Ions Against the
a .ogue Houses,
? .
j ALLS, B. D.,
.) One of the
Dec. 19. (Special
moat important
lliru ptaira
fur South Dakota was filed today
Montgomery Ward & Co. of Chicago,
e defendants being the South Dakota
Crlll, A. P. McMillan, Andrew E. Lee, W.
. Bunting, T. J. Courshon and E. J. Man-
lx. The last named defendant la the edi
tor of the Commercial News of this city, the
official organ of the retail merchants' asso
ciation. The remainder of the defendants
are officers and directors of the associa
tion and reside In various parts of the
atate, being among the most prominent
merchants of South Dakota.
The Chicago concern In Its complaint al
leges that the defendants have entered Into
conspiracy to ruin the business of the
plaintiff company and are maintaining a
boycott on the Chicago concern by attack
ing It ln resolutions and otherwise and
by bringing pressure to bear on manu
facturers, Jobbers and wholesalers not to
sell their goods to the Chicago catalogue
ouse. It Is alleged that because of this
the plaintiff company Is unable to purchase,
goods needed to All the orders of custom-
rs. Montgomery Ward & Co. ask that
temporary Injunction be granted re
straining the defendant from ln future
waging war In any manner upon the Chi
cago concern. The suit Is Instituted against
the defendants as officers and as Indi
viduals.
The case Is the first of the kind ever
nstituted ln the Cnlted States by a cata
logue house and Is In the nature of a test.
Should the Injunction be granted the Chi
cago concern doubtless will commence sim
ilar procgeedlngs In other states, with the
object" of preventing retail merchants' as
sociations waging a war against It. That
he case commenced here will be bitterly
contested Is certain. Judge Carland of the
federal court has fixed January 8 as the
time for the defendants to appear before
him and show cause why the temporary
Injunction prayed for by the Chicago es
tablishment should not be granted .
ON TRAIL OF CAR THIEVES
One Man Cauejht and Fined Fifty
Dollars on Charge of Petty
Larceny.
CASPER, Wyo, Dec. 19. (Special Tcle-
gVam.) James Ownea. a driver for a local
drayman, i pleaded guilty to petty larceny
In Justice court here and was fined $50
and costs. This is th4 first action taken
to suppress the rol.htrtes which. It Is al
leged, have been committed by freight
handlers In Casper for the past several
months and a sensation Is promised when
other suspects are arrested.
Owens had several small articles In his
possession, but large quantities of mer
chandise have d I Bap pea red from cars in
tha railroad yards and one carload of
stovewood has been stolen. Railroad de
tectives are here and are working on the
casa with the local officers. Many private
residence have been searched In an attempt
to locate stolen property, but no develop
ments have as yet been made public.
CORK GROWKHS FORM SOCIETY
Ask Legislature to Make an Appro
priation far Prises.
MITCHELL, 8. D., Dec 19. tSpeclal Tel
egram.) Over 400 fanners were ln attend
ance at the business me. ii"g of the Corn
Growers' association this .u lernoon, which
resulted in the permanent organization of
the association by the election of A. E.
Chamberlain, president, and H. C. Warner
of Ferrisburg. secretary.
The resolutions adopted were of a char
acter o assure the stability of the associa
tion by petitioning the state legislature to
appropriate each year the sum of $1.'AX), to
pay the expenses of the annual meeting
and also putting up prises for the corn
exhibit. This matter will be urged strongly
on the legislature. Another resolution was
adopted which locate the corn show perm
anently at Mitchell, as being In the
center of the. corn belt and
it being the Idea eventually to hold the
convention with the South Dakota Live
Stock Breeders' association.
The prises were awarded In the corn
show this afternoon. The corn of J. H.
Mlllott of Hudson, scoring the highest, 25.
The association will adjourn tomorrow
evening. Tonight, President Chamberlain
delivered an address to a large audience.
Gray Hold On to Ofltce.
PIERRE, 8. D., Dec. 19. (Special Tele
gram.) In the opinion of Haney today, the
supreme court leversed Judge Whiting of
thu Ninth circuit in the cae or f. is.
Gray against the county commissioners of
Beadle county. Gray, as a county coniml-
aloner of that county, changed his residence
from on commissioner district to another
in the rtme county, and the remaining
member of the board declared hi office
to have been vacated by his removal out
side the boundaries r,f tho district for
which he had been electee, me supreme
court holds In effect tnat a county commis-
sloner Is selected to transact business for
the whole county and a change of resl-
dence from one district to another wuntn
the same county does not atreet nis .me
. .... I . , nnr In StnV WAV dlSHllMlfv
iu ma - '
him frt rn actio-' in tne capacity tor nicn
he waa elected.
VICTIM OF HAZING MAY DIE
Callfornla Freshman Haa Skull Frac
tured While Bring Initiated
Into a "Frat."
BAN FRANCISCO. Dec. 19 Aa a result
of hazing practiced by members of the
Kappa Alpha fraternity, of which he la a
member, Floyd E. Allen, a student ln the
freshmen class of the University of Call-
forma. He at tha home of I. Is mother in
Berkeley with a fractured skull. Ailn
condition la precarious. While Allen was
being carried by his fellow "frat" members,
who were attempting to duck him ln a
bath tub. he ran out on the root of the
fraternity building. There, as his puraueis
were closing in on him, he miraed hla
footing and fell to the ground, twenty feet
below. He was carried Into the hous and
a surgeon summonea. An operation was
performed ln the hop of saving Us life,
.k,,.h h..,. i ,1.- ,M
which hang in lb balance.
r? P t U 1 1 Mn-nhDni.' n n ,1 tlantwor, T lu Inr. I
association. A. F. Grimm. L. 8. Tyler. H. I l" " .". i read its Instructions to the Jury
O. Rime, A. Mlttlesteadt. Ed Ochsner, L. f.1"19 ! ?e Ln' tw' 7 "J be submitted to the twel
O. Levny. Robert Sundstrom, J. T. Han- "'. ' 7 . . ,uu" " TZ " ' wno dut' ' wl" be to w
officials disregard the law
Such Charge Made by Seaatora
Against Secretaries Wilson
Mil Hitchcock.
WASHINGTON, Dec. 19. Admitting that
they had no authority of law for the with
drawal from allotment of nearly 4,000,iA
acrts of land belonging to the five civilized
tribes In tlie Indian Territory for the pur
pose of creating a forest reservation, two
members of the president's cabinet Secre
taries Hitchcock and Wilson endeavored
today to Justify their course by atallng
they had the best Interest of the Indian at
! heart.
, The explanation was made before a select
senate committee, which la Investigating
tf t I - . y.m nf
'" ..I T., .i 1..LTii.h
I llin HfO II IU1 O, U U I IMC tVIUIHUlCC uvviiiiv-
to accept It and Senators Clarke of Wyom- I
lng. Teller, Long and BrandVgee declared I
wunnrawing me iana irom sjioimeui.
. .
same senators said to Secretary W llson and
Chief Forester GilTord Pinchot that It was
their duty to withdraw their request to the
secretary of the Interior for a suspension
of the allotments.
Texan Wnnted Land.
The order withdrawing the land from al
lotment was issued early In the present
month. Tl'e purpose was not stated pub
licity at the time, but It developed during
the earlier Inquiries by the committee that
the Department of Agriculture planned to
create a forest reserve within the with
drawn lands which would contain about
1,W0,0U0 acres. These lands would have to
bo purchased from the Indians under some
plan yet to be presented and an appropria
tion by congress would be required. The
committeo deturmined to call for an expla
nation from the heads of the two executive
departments for a reason for the with
drawal. S"cretary Hitchcock when called to the
stand said that he had ar,kcd the forest
service, a division of the Agricultural de
partment, to report upon a request of Jack
Gordon of Paris, Tex., and associates, that
they bo permitted to buy :"0u,000 acres for a
game preserve and that ln making an ad
verse report the forest service asked for the
withdrawal of the lands for a forest re
serve. Hitchcock's Rcasona.
Mr. Hitchcock said the suspension was
only temporary and designed for the pur
pose of determining what was the best In
terest of the Indian.
"You have no right to suspend the opera
tion of a statute one hour, not one minute,"
declared Senator Teller. "If you had th
right to temporarily hold up the applica
tion of a law you could suspend its opera
tion for a month, a year or two years."
In reply to questions from Senator Long
Mr. Hitchcock satd that the request Of Sec
retary Wilson had prompted his action. All
the members of the committee condemned
the action of the department in suspending
the law.
"If we have violated the law I am
sorry for It," said Secretary Hitchcock.
"But my only motive waa In the Interest
of the Indian and because 1 desired to
accommodate the secretary of agriculture.
The committee, I think, doc nr. take into
consideration the suspension merely, pro.
vtdod for the submission of a plan to con
gress for the creation of a forest re nerve.
Turning to Secretary Wilson, Senator
Long asked: "We want to know under
what authority you received the with
drawal of these lands from allotment?"
"I never looked at an authority," replied
Secretary Wilson, "I made up my mind
that we had a better proposition for the
Indian than to turn his land into a game
preserve. The right to withdraw the land
was a matter for the lawyers of the In
terior department to pass upon. We mado
an lnveatlgation and then a recommenda
tion. It Is up to you, gentlemen, to say
whether you take It or not."
Pinchot Kxplalns.
"No," responded Senator Clark, "It Is
up to the secretary of the Interior to do
as the law tells him to do."
Chief Forester Pinchot was called to the
stand and after he had explained the
proposition, members of the commission
declared emphatically that he could not
hope to get his plan through congress. He
was told, also, that his request had been
out of place. Inasmuch aa It suggested a
violation of law.
"Secretary Hitchcock should not take
thirty minutes ln telegraphing an order to
the territory to permit the allotments to
proceed," concluded Senator Teller, and
Senators Long, Brandegee and Clark aa
sented. ,
DAIRYMEN
CALL
O
WILOJI
Iowa Delegation Submits Statements
Relative to Batter Standard.
WASHINGTON. Dec. 19. A delcaratlon of
dairymen, headed by George U McKay,
nrofeasor of .talrvln at the Iowa State
- .. j it. . t .tv,t.
VVMIJjrr Civ mila, cii'i a". j- ijubiuvu l
Dea Mulnea. had a brief conference with
Secretary Wilson today concerning the
standards of butter which are to be fixed
hv th r.ml..l,.n of the A rrlcult ural de.
. .. . - ,,. ...
i i, Th . h..tr view. tn thm
amount of fats, water and other In
gredlent butter should contain and their
reasons In support of the contention.
The secretary Informed them the mat
ter would receive careful consideration and
bs.su led them that they would be given ab
solutely fair treatment ln the department's
regulations.
Bill to Help Money Market.
WASHINGTON. Dec.19.-A bill designed
to extend relief to the money niaiket along
the lineu of dm recommendations made bv
, tf)a gecre.ary cf the treasury was Intro-
Juced to)Uv by Senator Llklns. It au-
thorll,.B ttl0 deposit In national banks of
r6C.pt;J flom CUBtoms, as well as from In -
ternaI reVcnue requiring the banks to pay a
tHX on uch dopnits and making all na-
. .. ..... .
I tlonal bank equally engioie ror designation
, dt,1)OBitorlea. The bill also expressly au-
, Borises the secretary of the treasury to
i make transfere of public moneys from tho
treasuty to the banks, which has been here-
tofore den by the socretary on hi own
resDonsibilltv without authority of law.
Cur.tmlns on Railroad Situation.
WASHINGTON. Dec 19. Governor Cum
mins of Iowa, who had a brief talk with the
president today, expressed decided views
' on the car shortage question. Ha declared
his Intention to recommend to the Iowa
hgilature Imposition of a fine on a rail-
road company wnicn neglects to rurnlsii
car to a alitpper after a certain number
of day. The governor also think that
consignees should .aUo be required to
, speedily unload the cars.
Connrmatlona by lenate.
WASHINGTON. Dec. 19.-The senate to
day confirmed the following diplomatic
nominations:
k ....uuu.tru' ll.nrv lr,lt. ,.t nu.-i.
Island, to France; ijoyd Grlscom of lJenn-
syivanla. to Italy; John W. Kiddle of Mln-
nesota. to Russia; Irving B. Dudley of
i California, to brazil: Leslie Combs of Kan
jtuck. tu be mtuUtjr to faru. -
J TO GIT CASE TODAY
Lone Land Trial in Feieral Court ii
Drawing: to Glese.
DEFENDANTS JUSTIFY THEIR ACTIONS
Admit Methods, bat Hold Jlo Law Has
Been Violated by Theai Aasall
Government Agenta as
Splea.
The long and weary land trial In federal
court Is almost ready to be submitted to
ki.ci ..ecus sfcui ... nw
of t,sUmony- Special Counsel Rush began
his closing argument for the government
yesterday afternoon and will conclude this
morning. Following this the court will
and the
ve men
hether or
,, , ,
been violated by the big cattlemen of IS
, .,
braska. The sessions yesterday wero
marked by large crowds, the court room
being completely filled.
Contends No Crime Shown.
Mr. Hall resumed his argument at 1:46
Wednesday afternoon and finished at 3:20.
The afternoon argument of Mr. Hall was
a continued review of the evidence, which
he still maintained showed no element of
crime. He elaborated to a considerable
extent upon a number of the exhibits
shown ln evidence as being of no In
criminating character, and particularly as
relating to the letters of Bartlett Hlchards
and C. C. Jameon, which he held was
simply the correspondence of reputable
business men, ln which there was no evi
dence of collusion for the commission of
any offense or the furtherance of any con
spiracy. He aiwuilcd the employment of
secret service men by the government to
spy upon the entrymen and extort from
them' admissions by coercive methods. He
also analysed the testimony of the witness
Nixon at some length relative to his
knowledge of the Spade ranch and range.
The Incongruities In the statements of sev
eral witnesses were pointed out at some
length, and the whole argument was a
denial of any criminal act upon the part
of the defendants and the utter Inability
of the government to produce the slightest
evidence of conspiracy or agreement to
enter Into a conspiracy.
Special United States District Attorney
8. R. Rush, who haa had the details of
the entire prosecution to look after and
who waa characterized by Mr. Hall as "the
best Informed man on the land question
In the entire country," began the closing
argument to the Jury at 8.H.
Pursuing the plea of his colleague In open
ing the argument" for the land men
Judge Crltes of Chadron Wednesday
morning declared his clients were
victims of persecution; that govern
ment agent had hunted them out
and coerced witnesses to testify against
them. He asserted the vast tracts of land
they fenced In was unfit for habitation in
smaller areas unless one could subsist on
prairie dogs.. Of the witnesses who re
peatedly testified they had no idea of re
siding on the land they entered, he said
they did not settle on it because of the
prohibitive .oondltlons he cited. He ad
mitted much of the evidence brought out
by the prosecution, but Justified the acts of
his clients aa being lawful and right,
Judge Crltes gave an exposition of the
land laws, comparing the original home
stead law with the newer KHkald law.
"Under the old law," raH Judge Crltes.
"men went out onto the.ic lands seeking
homesteads, but did not find these sand
hills suitable for cultivation and then went
elsewhere. The Klnkald law was enacted
to meet the conditions of these arid, non
agricultural lands. The limit of entry was
raised from 160 to 640 acres. I doubt If one
fifth of the men who filed on these lands
will ever prove up on them. It is a country
of sand hills and It Is a physical Impossl
blllty to make a home or residence on them.
Blowholes and areas Impregnated with al
kali prevail almost universally with the
sand hills. No man can live on the land
except upon the subsistence of a prairie
dog. This Is the reason that the entrymen
did not and could not live on the lands,
and this alone.
Says Coercion Was lard
"Then again theae men whose testimony
I relied upon to convict these defendants
were subjected to the coercion of govern
ment agent employed to spy upon and
threaten them. Why haa this been done,
"The Nebraska Land and Feeding com
pany is a foreign corporation dol:ig busi
ness la N"Lraska. It Is here and pays Its
tajtes. thus contributing to the tax burdens
we ail hav to bear,
"Connider the effect of thi verdict It Is
not alone the concern of the defendants
but of all of you. I ask you to stand up
t tor the right of the Individual. I do not
unamaue 10 locale iub tiu:iBiiaiiiy iu
! these prosecutions. I do not blame Mr,
i
I aa or Ml- R"Bh- -
"The only thing the government can prove
18 that tha entrymen did not Intend to live
"P0" tne lanJ- Thefl ol(1 oldler witnesses
'were scared to death by special agenta
Their evidence Indicates the weakness of
so weak and feeble they had to be assisted
to the witness stand.
Travesty oa Juitloe.
"It was a travesty on Justice to have
these men testify. These government
agent, spies, detectives and informers went
to Mrs. Heed to have her say she had been
promised a sjbstant.al consideration for
the transfer of her land to these da
fendants after she had proved up. They
j went to Ami B. Todd, when he was on tl
1 brink of the grave, to comoel him bv
threats to give up correspondence, when h
: was physically unable to object If It was
j wrong to colonize men on these lands, then
I every act of colonization since the earliest
I dawn of history la a crime.
"Richard and Comstock wanted safe men
1 . i . . 1. I 1 I .
i io " "i' iaiiu wt.un u mei
I wlllingnesa to comply with the law. If
, these defendants are guilty of conspiracy,
! then every person who made a. filing
, la guilty. The land locating business is as
; itgiuniaie a ouainesa as me grocery Dual
I ne or the law. It Is to make money, Jjst
gs Is any ther business. On th question j
of the lease of the lands the entrymen had
a perfect right to lease them. They could
not sell the land, but they could do any-
thing else they wanted to do with It. 'It
I does not matter whether the entryman ever
went on the land at all. The land he filed
, upon was his until its entry was formally
; cancelled by the government aa the result
of contest or otherwise."
Hall on Lnw nf Conspiracy
Judge Crltes concluded his argument at
10:35 and was followed by R. S. Hall, the
principal counsel for the defendants.
Mr. Hall's argument began With an ex-
j planation of the law of conspiracy,
I "Conspiracy means cunning, secret.
methods Of aCCOIimlislillUC ttlV Unlawful
thing." said Mr. Hall, "and it la so hard
to nrove if aa in the case at bar it can-
i '
I 77. T .
Continued oa ttooooi Pag.)
NEBRASKA WEATHER FORECAST
Fair Thnrariay and Friday.
Temperature at Omaha Yeaterday
llnnr. Pn. Ilonr. He.
K a. m jtl 1 p. m...... HI
a. m VI 2 p. m '
7 a. m 3 p. m 7
m 21 4 p. m .17
O a. m lit A p. m .17
1 a. m 21 tl p. m .17
H " VS 7 p. m .17
12 m :it H p. m ,tT
p. nt ft 7
ASK OF COUNTING BALLOTS
Vote In Inaaranre Klertloss to
n Tabulated hr Ripert
Areonntanta.
NTTW TORK. Dec. JH.-The task of emint-
ng 7S5.(W votes cast at the elections for
msees held yesterday by the New York
nd Mutual llfi Insurance companies will
begin probably early next week. The board
of Inspectors of each company ha secured
the sen-Ices of expert accountants, who
will have charge of the counting and tab
ulating of the votes. Separate accounting
firms have been employed by tho two com
panies. Before the actual woek hegins
representatives of e;ich of these firms will
consult tor. ther with a view of perfecting
a system for canvassing the votes.
When the count begins both sides will
have regularly commissioned watchers
present nnd ballots and proxies which are
considered fraudulent or lllec-al will be
duly challenged. Undoubtedly a large num
ber of duplicate ballots have been cast in
advertently. Many policyholders who have
held In either company more than one
policy have enst a vote on each policy. l-
tho'igh only entitled to vote once. Many
of the proxies are made out In foreign
nnguages.
The result of the elections still seem to
bo In doubt Both the administration
forces and tho International policyholders'
committee are declaring that they have
been victorious In the two companies. The
officers of the New York Life hnve not
reduced a particle their estimate of a vic
tory for the present management by a plu
rality of 100.000 and the administration of
the Mutual estimates its plurality at 150,-
000.
The International policyholders' commit
tee, however, still lays claim to having
carried the Mutual's election by from 7,500
to 19,000 votes and the New York Life by
from 8,000 to 12.CX1.
RIVER STEAMBOAT DESTROYED
W. T. Scovll Sunk by Einloalou of
Boiler and Ten to Sixteen
Persona Killed.
VICKSBURG, Miss., Dec. 19.-One of tha
most disastrous accidents ln the history
of the Mississippi river occurred at H
o'clock this morning when the steamer
W. T. Scovll, plying ln the Vlcksburg
and Davis Bend trade, was destroyed by an
explosion. Owing to the large number of
negroes on board it la Impossible to ascer
tain the exact number of dead and In
jured, but officers of the boat who Brrlved
here tonight stated that not less than thir
teen or more thon sixteen were killed.
They say a like number were Injured. The
white dead areas follows: ...
CAPTAIN JOHN OUACKT5NBOS8. mas
ter of the boat, Vlcksburg. Mi.
CLERK WADE UUACKKNBOSB. Vlcks
burg.
LAVELI. YRROER. cottonseed salesman.
Jackson, Miss.
CLERK JOSEPH SMITH. Yazoo Citv.
Miss.
The number of dead and negroes cannot
bo ascertained at this time, but of a pas
senger and crew list of fifty about half
are missing, The negro dead and a num
ber of Injured were cared for at the jlace
of accident. Five negroes were brought
to Vlcksburg tonight on the steamer Sen
ator Cordlll with the white dead and ln
Jured.
HICKS IS IN HIGH SPIRITS
California Miner Entombed Tnelte
Days Expects to Be Released
Today.
BAKERS FIELD, Cal.. Dec. 19. The
morning shift which begun work today
In the effort to rescue Hick, the entomlied
miner, found that a huge boulder was
blocking the entire width of the tunnel.
A conference was held and It waa decided
to attempt to partially spilt the rock and
to vary the direction of the tunnel slightly.
The boulder waa successfully passed this
afternoon and the rescue force Is now
working In the old shaft of loose dirt
The men are but a few feet from the
miner, but progress Is very slow. It Is
thought now that he may possibly be
reached by midnight tonight.
Hlcka la In high spirits today and hp
took his milk with much relish. The pros
pect of early release has resulted ln his
being almost In a Jocular frame of mind
and he Jested through the speaking tube
with those who talked to him during the
forenoon. He said this -morning that ho
would rather have a chew of tobacco than
get out
TRAINMEN TO MAKE DEMANDS
Freight Conductors and Brakemen
Want Elght-Honr Day aad Fif
teen Per Cent Ralae.
CT Tr" OO, Dec. 19. Demands for a wnge
Increase of 15 per cent and an eight-hour
day for brakemen and conductora on nil
through freight tralna will be filed tomor
row with managers of all railway systems
in the west. The demands cover 45.000 men
on forty-seven systems snd the Increase
asked for amounts to approximately IS.Ofl,
0(10 a year.
The Brotherhood of Railway Trainmen
and the Order of Railway Conductors are
acting in conjunction In tha matter.
The railroads covered ln the proposed de
ma ml Include the Illinois Central and all
mads west of that line In the south. All
roads west rf a line from Chicago to
Duluth on the north are Included.
INDIAN CASHIER SUSPENDED
Lyman K. Lane Accused of CoverlnaT
p a Deficiency of Former Ad
ministration. MUSKOGEE. I. T.. Dec. 1.-I.yman K.
' Lane, cashier of the Indian agency, has
bieu suspended, following the Investigation
which yesterday revealed a shortage of be
tween $3,u00 and $7,000.
It Is charged that money received during
the preaeJit administration had been used
to supply a deficiency which, It is alleged,
existed during a previous administration. Rural carriers appointed: Iowa Mal
Th matter has been placed la the hands ! com route S, Lewis E. Maxfield carrier,
of the district attorney. j rjvorgo w. Maxfield substitute. South
Mew t'rutaer on Trial.
I t rr,ivinci'n T la .Tl,.
' rruiaer Boutti ' Dakota will' leave at n..on
today on Its preliminary trial trip. Th
South Dukoia is a sister ship of tne Call-
fornla. which recently maris a record of
e. knot on IU -tuia dU.
FACTS ABOUT BANKS
Etat Department Acta on lesolutloa of
Congressman Einnedj.
POSTAL SAVINGS IN OTHER COUNTRIES
Man Who Flradi Guilty in Land Casts
Want a Fardon.
GOES TO PRISON WHILE OTHERS ESCAPE
Iispeotar Herotiatin? with ?io;,i for
Cession of Dakota Land.
COUNCIL BLUFFS MAN IS PROMOTED
Thomaa C. Dawson, Minister to San
Domliso, Named by Presi
dent aa Minister to
Colombia.
(From a Staff Correspondent.)
WASHINGTON. Deo. 1!.. (Special Tela
gram.) Representative Kennedy has been
greatly Interested in the question of postal
savings banks, ln fact during his cam
paign of 1!04 one of the strong arguments
for his election was that he would do
everything In his power to establish postal
savings banks modelled along the lines of
the postal savings bank system of foreign
countries. Congress has not looked upon
postal savings banks with any great de
gree of favor, however, possibly because of
the opposition of the national banks and
even state banks, for that matter, to the
scheme. But Mr. Kennedy has kept pound
ing away and during tho first session of tho
present congress succeeded In having passed
a resolution calling upon the State de
partment to secure from foreign countries)
their laws and any information bearing
upon the same that they might have, ao
a comprehensive report might be made to
congress covering the subject. Todey Mr.
Kennedy ascertained from the State depart
ment thRt all tho reports expected hava
been received, and he regards It as tha
greatest contribution to the literature on
the subject of postal savings banks that
has been made. Japan's report was received
but a few days ago and Is looked upon
as the most exact and up-to-date presenta
tion of the facts on the subject that could
possibly be made. These reports, being In
the language of the country making them,
will take some little time to translate, and
Mr. Kennedy therefore requested that th
reports and summary of them be withheld
until after the holiday recess.
Pltan Wants a Pardon.
Colonel R. W. Stewart of Huron, 8. D.,
who with his wife has been In the city for
several days, left this morning for New
Tork. Previous to his departure he waa
presented to the president by Representa
tive Burke of South Dakota to present a
petition ln behalf of the pardon of Cal
Pitan, who Is undergoing sentence for
land frauds. Pltan, with John J. Newell
and a number of others, were Indicted for
Illegal leisures. Pltan pleaded guilty to
the Indictment. The other defendant stood
trial, th Judge after all the testimony waa
In directing the Jury to return a verdict of
not guilty on the ground that the charges
against them had not been proved. Pltan,
who pleaded guilty, now seek hla liberty,
possibly on the ground that he made a mis
take in his plea.
Pensions Granted.
Congressman Klnkald wns today informed
that the pension office hnd granted In
creased pensions to the following: William
N. Van Horn of Page, Neb., $24, from No
vember 7; George Garrison, Sargent, Neb.,
$17, from November 7; John B. Borden, na
tional military home, Ohio, restoration,
supplemental and Increase to $10 from No
vember 2, 1R92.
Plattsmouth Man Gets Vw Term.
Congressman Pollard, before leaving for
his home at Nehawaku this afternoon rec
ommended the reappointment of Chester
A. Smith as oostmaster at Plattsmouth.
negotiating- for Indian Lands.
Senator Gamble leavea tonight for South
Dakota to look after his fences. Prior
to starting he called upon the secretary of
the Interior for a talk regarding proposed
opening to settlement of the remaining
portion of the Rosebud Indian reservation
lying In Tripp county. Senator Gamble's
bill providing for this opening was thle
week favorably reported to the senate
from the committee on public lands. At
the Interior department today Mr. Gam
ble was Informed that Major McLaughlin,
special Indian Inspector, Is now In Tripp
county, endeavoring to negotiate a treaty
with the Indians similar ln ch-.iracter to
that which was negotiated with the 8loux
when they consented to sell part of their
lands In Gregory county. South Dakota.
Mr. Gamble said after hla Interview with
the secretary that he would not press his
bill at present, but would await the result
of Major McLaughlin's efforts to secure an
amicable treaty arrangement with th
Tripp county Indians.
Senator Gamble introduced a bill today
providing for a pension of $30 per month
for Benjamin Westerman, lata scout In the
Seventh cavalry. .
Council BlusTs Man Promoted.
.The president today nominated Thomaa
C. Dawson of Council Bluffs, la., to be i n
voy extraordinary and minister plenipo
tentiary to Colombia. Mr- Dawson Is now
minister at Hanto Domingo. The nomina
tion today la a distinct promotion for Mr.
Dawson and the Ipwa delegation was quite
Jubilant when the name came ln.
Minor Matters at Capital.
Senator Burkett, who went to Pittsburg
yesterday afternoon to deliver an addrea.
returned to Washington today and was la
his seat when the seriate met.
Senator Klttrcdge left for home tonight
to be present at the meeting of the South
Dakota legislature.
. E. R. Sixer, postmaster at Lincoln, la
In Washington today, It being his annual
visit to the capital to confer with offi
cials of the Postofflce deiartmenl upon
matter pertaining to the conduct of hi
offlc.
Senator Burkett secured favorable re
port on the following pen-Ion bill today;
James If Thaser, Portsmouth, at $10 and
Joseph Bolsnaw of Lincoln St $S0. H
was also today advised by the pension bu
reau that a pension fit th has been granted
to Elizabeth Schravener of Auburn, Neb.,
to date from Novemb. r. 190f.
Through the effort of Senator Burkett
th Farmer' National bank of York wa
today made a depository for government
funds.
Dakota, Artesian, route 1, John H Greor
carrier. Thomas M. Greer substitute; For.
estburg. route S, Frank K. Rulon carrier.
Bertha M. RuWm substitute; Letcher, route
j Calvin ii. Blroup variUr, Uoy U. hlrouo
I ' . , --r-- .
aubstltuta. , .Irw