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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 9, 1907)
Fhe- Omaha Daily Bee
THE OMAHA DEE
Best A". West
Penes 1 to 0.
VOL. XXXVI- AO. 203.
OMAHA, SATURDAY MORNING, FEBRUARY . 9, 1907-SIXTEEN PAGES
SINGLE COPY THREE CENTS.
MRS. THAW'S STORY
Wifs V.' Glayer of Btan'ord WVite Continues
icoonnt of Eer Lifet
wont autKs ihoia: dlflNuant read
They Confirm Statement that Ph Told Him
f Eolations with White.
MORE OF THE ACTIONS OF ARCHITECT
fakes Strml Attempt to See Her After
JEROME OBJECTS TO MANY QUESTIONS
uistnet Attorney Says There Should
B Limit to the "Defamation
I th Dm" and Ten
NEW TORK, Feb. 8. Evelyn i Nesblt
Thaw again today was the central figure
at her husband' trial. She waa etui on
the stand her -direct examination unfin
ished -when the usual week-end adjourn
ment until Monday morning waa taken.
Picking up the threada of her Ufe'a atory
where ahe had dropped them the evening
before the girl wife of the defendant
alwaya, ahe declared, telling her atory Juat
a ahe had related It to Harry Thaw from
time to time brought the narrative down
to her wedding In Pittsburg on April 1
1906, and their return to New York follow
ing a honeymoon trip In the west. She de
olared ahe had heard White call to her
on the 'street once after this and on an
other occasion when ahe passed him In a
cab ahe noticed hla cab turn around and
follow her In the direction of a doctor'a
office where ahe waa going to have ber
Mr. Thaw had taken up the atory at
the time of her return from Europe In
October, 1003. following her refusal of
Thaw'a offer of marriage on the grounds
of which ahe related yesterday. On Mon
' day ahe may be called on to finish the re
lation of the eventa which It la claimed
by the defense brought on the Im
pulse In the diseased brain of the defend
ant and caused the killing of Stanford
While today' testimony lacked the per
sonal quality which made yesterday's re
cital so dramatic, impelling, enthralling
and pathetic, it served to clear away some
of the doubts and Inferencea which re
nmlned from the Incomplete details as to
the full extent of the revelations ahe claims
to have made to her husband. There were
repetitions, too, at the suggestion of coun
sel, and Incidents which had not been gone
over In the first years of Mrs. Thaws ac
quaintance with Stanford White, were
brought out In completion of the' life story.
Objection to "Dctamatloa of bead."
D'strict Attorney Jerome, who had
throughout silently listened tq the young
wife's statements sent a thrill of excite
Bient through the court room late In the
day by vigorously protesting against "this
defamation of the dead."
"Is there no limit," he exclaimed, "to
the asperaiona that . are to be cast upon
this mant Tour honor well knowa I can
' not under the law, controvert any state
ment this wltneaa makes again at the mem
ory of Stanford White." 1
la tones bitterly sarcastic, Mr. Jerome
poke of "this tattle of the tenderloin,"
i declared the court had the right to
Ut such testimony "until competent evi
dence has been adduced here to ahow that
thla man la or waa of unaound mind. We
don't know whether thla defendant ever
Waa Insane," he concluded.
The question which called out the vehe
ment protest from the district attorney
waa addressed to Mrs. Thaw by Mr. Det
maa and Ita purport waa whether or not
Marry Thaw had at any time told her
about "other girls who had met a fate
similar to yours ' at the hands of this
"What man?" snapped Mr. Jerome.
"Stanford White," replied Mr. Delmas,
with . the coolness of voice and manner
characteristic of him. And then he added,
still In the same low tone, "who else?"
Justice , Fltxgerald held that the district
attorney's suggested was a good one and
he thought the defense should lay a
broader foundation to show Insanity be
fore proceeding along the lines suggested
by Mr. Delmas' question. .
'We will proceed to do this as soon as
possible," answered Mr. Delmas.
Whit Bras Girl to Be Him.
Mrs. Thaw declared today that Stanford
White, during the year which followed her
experience in the room of the mirrored
wall, repeatedly sought to have her visit
"I told Harry," she said, "that Mr.
White had begged me, had pleaded and
cried and scolded and done everything he
eould to make ma come to see him alone.
I refused, and he told me I was cruel
and that I was cold sa a fish and not a
human being. I told Mr. White I did not
care to trust him."
After her return from Europe and dur
ing the months she would not see Harry
Thaw "because of the dreadful things Mr.
White and his friends told me about hlm.'tj
he declared Thaw accused her of lm j
proper relations wita toe arcnitect.
-I told him It waa a lie and that I had
.h imHAA with an Amnhatln .Via- '
The defense had Mrs. Thaw tell of her
acquaintance with "Jack" Barrymore, the
actor. Mr. Barrymore waa la the court
room one day during the early part of the
trial, at the Instance of the district at
torney. It was said. Mr. Delmas asked
Mrs. Thaw today to tall what she had told
Mr. Thaw of her acquaintance with the
She eald she bad first met
at a party given by Stanford Whits the
year following her Introduction to the
"I thought htm very nloe," she frankly j
aid today, "and one day at Mr. White's'
tudlo he said: 'Evelyn, will you marry
mer I aald: I don't know.' He asked
me a second time and I again said: I
don't know,' and everybody laughed. Mr.
White told me I would be very foolish te
marry Mr. Barrymore, and my mother
aald so, too, and ws all quarreled, and
the upshot f the-whole thing was that
Mr. White said I ought to be sent away I
to school, and , waa, to New Jersey."
Whlta Makes Farther Advance.
After leading the witness to tell, la!
chronological order, of the incidents of her
wedding with Thaw In Pittsburg. Mr. Del- ' Kansas City Terminal Railway company.
mus asked her If she had seen Stanford wl" vIr president and general man-
White after her return to New York f ro.n i of Braalllan railway eyatem of
the honeymoon trip. "I passed Stanford j wb,ch lT William C. Van Horne la preai-
White one day on Fifth avenue. I waa j oent nd whlch has been consolidated with
In a cab and he aaw me and I heard him : number of am all lines and will build
ay: 'Evelyn.' just Ilk. that." and Mra.th- r-n "d v IIorT have been
' " lasaoolated In railroad work th. larger part
(lontlnusd aa Second Page.) W ths last thirty-one ysara
SUMMARY OF THE BEE
Satarday, Febrnary 9, lOT.
ioo7 February 1007
sum mom mi wis tm hi
X T 1 4
3 4 5 6 7 6 s.
10 II 12 13 14 15 iJ
17 18 19 20 21 22 23
24 25 26 27 28
PORBCAST FOR NEBRASKA Fair Sat
urday and Sunday; colder Sunday.
FORECAST FOR IOWA Fair and
warmer Saturday; Sunday, artly cloudy
Temperature at Omaha yesterday:
Hour. Deg. Hour. Deg.
S a. m is 1 p. m... 41
a. m lfl 2 p. m.j 44
7 a. m 19 8 p. m 4
8 a. m 19 4 p. m 47
8 a. m 23 In. m 48
10 a. m 28 p. m...
11 a. m S3 7 p. m...
u m j. 37 8 p. m 44
p. m 43
Nebraska senate by vote of 20 to 11
kills the county pptlon bill after an ex- I
tended debate. 'are 1
Many members of the legislature In
favor of amending the railway commis
sion bill by inserting a provision making
the present freight rates in Nebraska
the maximum, holding It would simplify
the work of the commission. Page 1
Suit Is brought at request of Governor
Sheldon to test his right under the law
to occupy the executive mansion without
payment of rent. 'age 3
Senate committee on agriculture will
begin hearing on Burkett'a land leasing
amendment Monday. 'age 4
House paases 726 pension bills and lis
tens to speech by Mr. Mondell attacking
light of president to withdraw coal lands.
Senate pauses the Indian appropriation,
bill and listens to speech by Mr. Frazler
on states' rights. rags 4
Congressman Klnkald Insists on Ne
braska judicial bill being amended to al
low terms of court In northwest portion
of his district. Contest may kill the bill.
Mrs. Harry K. Thaw continues her tes
timony and tells of efforts of Stanford
White to see her after her return from
Europe and after her marriage. Page X
Attempt to reduce passenger fares In
South Dakota Is defeated by vote of 44 to
88 in house. Page 1
Elke organise new lodge at Mitchell,
S. D. Page 1
City will generally suspend buslnese
this morning In honor of memory of
Count J. A. Crelghton, whose funeral
takea place at 10 o'clock. Page 1
W. J. .Broatch and Walter Molse live In
same house while Mrs. Molse Is out of
John Sohenk, John A- MoShane and J.
M. Dougherty mentioned as executors of
Crelghton will. Codicil nay be made ef
fective by legislature. ... . Page 11
Toung Women's Christian association
building fund grows rapidly, as teams
are settling down to hard work. Page 11
General Greely goes to Washington to
attend meeting of military board. Page S
Interstate Commerce Commissioner
Clark will start hearing at Omaha Mon
day on Increase In bridge charges.
Missouri lad wins feature event1 at
New Orleans race track. Page 18
rntAjrciAi. avs tsvaoz
Dun's review of trade shows that
storms restrict retail business In some
sections. Factories are running at ca-
paclty and Jobbers report large orders for
spring delivery. Page IS
Omaha live stock market. Page 13
' Omaha grain market. Page 13
Omaha general market. Page 13
New York stocks and bonds. Page 13
EXPLOSION ON TORPEDO BOAT
Nina Men Killed by
French Vessel oi
L'ORIENT, France, Feb. L As the re
sult of an explosion on Toronto boat No.
239 of the Franch navy today, nine men
are dead and two men are Injured.
Toronto boat No. S39 was launched but a
j hort ttme a' and at th9 Um ot tn
accident It was undergoing, prior to be
ing placed in commission. Its full power
steam .trial In the roadstead. A technical
navol committee was on board at the
time. The trial was successful, but as
the boat was returning to Its anchorage
a safety tube, forming part of the evap
oration apparatua burst and a mass of
flams was foroed Into the stroke hole, Where
the engineer, quartermaster and nine stok
ers were at work. The engineer and eight
stokers were Instantly burned to death.
Their bodies were practically reduced to
cinders. The other stoker waa severely
Injured. The reason for the accident la
that the automatlo doors that should have
closed to prevent the return of the flames
to th tok n0,e aId not work-
MISSOURI PACIFIC WRECK
i "" rrel.ht Trains Calllde
la Mtssonrt and Firs ire
JEFFERSON CITY. Mo.. Feb. 1 -Five
persons wsra Injured In a had-on collision
, between a passenger and a freight train
on the river routs branch of the Missouri
p.ifle trxiav. three miles from here
A. B. Rogers, Monmouth, 111.
W. T. Laney. Grand Rapids, Mich.
Edward Hunter, Kansas City.
G. O. Frlck. Kansas City, engineer.
A. L. Hayland, Jefferson City, fireman.
All will recover.
Both engines were wracked and the bag
gaga car was tslesooped. Several freight
cars were smashed.
7 1 r Din a
EGAN TO SOUTH
Kansas City Railroad Mas Will
Become General Maaasjes et
KANSAS CITY. Feb. t-John M. Egan.
.ho ha. resided th. presidency of th.
OMAPVMOUENS FOR COUNT
o-j. impend Baiinesa at Kajer'
request Daring funeral.
V $ MADE FOR CREKHTON OBSEQUIES
OreraoalM Are Designed oa Impos
ing Scale, Enlisting Participation
1 Prominent Members of
Whereas, Count John A. Crelghton died
on February 7, 1907, and. !
Whereas, Omaha in ills death haa aus- ,
talned a great loss, and while the whole ,
rlty mourns his death. I, James C. Dahl- '
man, mayor of the city of Omaha, request
that as a mark of respect and as an ap- '
preclatlon to his memory as a generous, 1
upright and progressive cltlxen, business In
ail business houses of the city of Omaha, ,
from 10 to 11 o'clock, the time of the hour :
of hla funeral services, on Saturday, Feb- ,
I ruary , be suspended, and the street cars i
j of this city are requested to cease running ;
fur tlve minutes durins said hour. And 1 1
hereby direct as a turther mark of respect
of Omaha that the bualneas of all city ,
offices be suspended and the city hall closed I
from 10 to U o'clock on said day. '
JAMES C. DA11LMA.N, Mayor, j
issued Friday morning.
Ceremonies Will Be Imposing.
With many of the dignitaries of the Cath
olic church present the obsequies over the
body of Count Crelghton at St. John's ;
church. Twenty-fifth and California streets,
at 10 a. m. Saturday promise to be among ;
the moat imposing funeral services ever '
witnessed in Omaha. Elaborate prepara
tions for the services at the church have
been made and a special program of muslo
of unusual excellence Is to be rendered- .
The services will begin promptly at 10 i
o'clock and probably will extend until 11:30
on account of the unusual character. The I
doors of the church will not be open until
the arrival of the cortege.
The address will be delivered at the
church by Rev. M. P. Dowllng, president
of Crelghton university, whose eloquence
Is so well known to cltlsens of Omaha.
Rt. Rev. Richard Scannell, bishop of the j
diocese, will assist In the Cappa Magna,
while Very Rev. Henry Moeller, provincial ;
of the Missouri province of the Society of
Jesus, will be the celebrant of the high mass .
of requiem. Rev. J. B. Furay of St. Louis, I
who Is a Jesuit priest and the grandnephew
of Count Crelghton, will act as deacon of
the ceremonies and take an active part In
the lesser services at, the altar. Rev. P. A.
McGovern, pastor of St Phllomena's cathe
dral, will act as subdeacon and Very Rev.
J. Jennette will be the assistant priest
Fathers Aherne, Kohaen and Stensea.
Those who have been selected to set as
deacons of honor are: Rev. James Aherne
of South Omaha and Rsv. Paclflcus
Kohnen, superior of the Franciscans
In Omaha. Rev. J. W. Stensen, assistant
pastor at St Phllomena's cathedral, will
act In the capacity of master of ceremonies.
At the celebration of high requiem mass
by the assembled clergy the Crelghton uni
versity choir of twenty males voices will
sing the famous Gregorian, chant, which
Is one of the most solemn and awe-Inspiring
musical selections of the Catholto
liturgy. The large choir will sing the prin
cipal anthems, whlls the ehants and re
sponses will, be sung by five priests,-Rev.
N. Bronsgeest pastor of Bt John's church;
Rev. W. S pieman. Rev. A. Wise, Rev. W.
Whelan and Huv. W. Feld.
The body of Count Crelghton lay in
state from t to 9 p. m. Friday in the north
parlor of his residence at 404 North Twen
tieth street, and great numbers viewed It
Pallbearers Art Selected.
The active pallbearers were selected from
among the several grand-nephews of Count
Crelghton and will perform the last sad
rites at the ' church and cemetery. Those
who will act in this' capacity are: Edward
A. Crelghton, Frank A. Furay, Charles E.
i MrKhan. Thnm . M-h ' . '
i R. a ,r. a M., .,
Qmn and Charles C. Cannon. Intimate per
sonal friends ' and old settlers of Omaha,
whose residence in the city was practically
co-ordinate with that of Count Crelghton,
will be the honorary pallbearers, together
with those selected from among the facul
ties of the various departments of Crelgh
ton university.- The honorary pallbearers
are: William Jennings Bryan. Dr. George
L. Miller, T. C. Byrne. F. H. Davis, P. E.
Her, Edward Hayden, Mayor James Dahl
man, John F. Coad. Judge G. W. Doane,
Henry W. Yates, Dr. A. w. Riley and
Judge K. Wakeley.
TWO WRECKS IN CHICAGO
Mllwankee Train Kills Employ and
Lakn Shore Trala Kills On,
CHICAGO, Feb. . A dosen or more se
verely Injured, some fatally, when train No.
I on the Chicago, Milwaukee A; Bt Paul
railroad collided today within the city lim
its with a switch engine, drawing a train
of empty passenger coaches. Train No. S
Is known as the Champion Flyer and runa
between St Paul and Chicago.
The "Champion Flyer" waa well filled
with passengers, who fought savagely to
get out of the ears after the erash. Many
of them were out about the head and face.
None of the dosen passengers who sus
tained hurts are seriously Injured. Those
who were hurt are residents of Chicago,
Milwaukee, Marquette and lone, Mich.
In a head-on collision between two
freight tralna on the Chicago, Lake Shore
ft Eastern railroad at Ninety-fifth street
and Ewing avenue today one man was
killed and three others fatally hurt All
of the men were members of the train
crew. The man killed waa Alfred Ousley,
engineer of one of the locomotives. His
engine waa thrown off the track and the
boiler waa torn open, scalding Oualey
Th accident waa caused by a misunder
standing of signals.
KIRKMAN DEMANDS RELEASE
Attorneys far Former Army Oflleer
Alias; that His Seatao Has
TOPEKA. Kan.. Feb. . Attorneys for
fjinllln Itirkmin mllif.m
I Fort Leavenworth, today filed habeas
i00Pu proceedinga In the United States
f district court asking that he be given his
freedom, as hla time of aervice had expired.
Aa an officer at Fort Niobrara, Neb.,- Cap
tain Klrkinan waa twice court-martialed oa
charge of con duct unbecoming an officer
' " " m'
har Ubor " ,h "
. Th nrmt trta, wu held. January 1L
and th, March a lsw6- th.
. iULmm y, Iloth record. ,. ,nt to
. Prealdent Roosevelt for his approval June
1 15, uos.
I Captain Kirk man allege la the paper,
' filed today that both aentsnces ran ooncur-
j rently. aad therefore that hi. time expired
Januarv 17. 1S07. allowlna for maoA h-h.l
ICE TRUST JVIDENCE GONE
Papers t'pon Which Complaint Is
Based Stole from Oflleo of Mew
York Attorney General.
ALBANY, N. T., Feb. S.-A11 the evidence
on which was based the complaint of At
torney General Julius Mayer against the
American Ice company for dissolution of an
alleged monopoly of the ice business, served
on December 20, has disappeared from the
attorney general's office and cannot be
found. This announcement was made to
night by Attorney General William 8. Jack
Mr. Jackson also made public affidavits
of employes of the attorney general's office
which show that a part at least of the pa
pers were known to be missing late In De
cember before the retirement of his pre
decessor, Mr. Mayer, but that the disap
pearance of the evidence was not known to
Mr. Jackson until early in January, when,
after he himself had assumed office, he took
up the case with a view of further proceed
ings. Mr. Jackson said tonight that he had
served a demand upon the American Ice
company for access to Its books and rec
ords for the purpose of replacing the lost
evidence, and that the company had asked
until Monday in which to make answer.
An affidavit by John R. McNellle, the ex
pert accountant who examined the Ice com
pany's books. Includes a list of, exhibits
said to be missing. The list Includes the
auditor's detailed comparative statement of
manufacturing costs to produce artificial
Ire; original printed copies of various offi
cial notices published by .the company, ex
tracts from contracts, agreements nnd cor
respondence with the company with sundry
firms and corporations producing and hand
ling natural and artificial Ice; list of In
vestments of the company, schedule show
ing fluctuation In market price of capital
stock of American Ice Securities company;
outline history of American Ice company
and Amerlcnn Securities company, and bal
ance sheet showing assets and liabilities of
the American Ice company.
Mr. McNelle swears that at the office of
the defendant Ice company there were
shown "him books, documents, memoranda,
etc., which he examined briefly, but did not
have time or opportunity to copy. He de
clared he merely made penciled no'tes with
regard to the contents of some of these doc
uments and In certain Instances made
copies of short extracts from some o fthem.
INSIST UPON A MONOPOLY
Rock Island and Knty Require Exclu
sive Contract. Before Connect
ing t'p Mines.
SOUTH M'ALESTER, I. T., Feb. 8. C. A.
Prouty, Interstate Commerce commissioner,
resumed his hearing here today. A number
of railroad officials were subpoenaed to
testify regarding the continued car short
age and slow movement of freight in this
It developed during the Inquiry that both
the Missouri, Kansas & Texas and . the
Rock Island railroads have made a practice
of Insisting upon a contract to haul the
entire output of a mine before they would
consent to nut in a switch, and In at least
one instance it appeared that the Rock
Island refused to allow a mine to connect
with'- competing railroad.- This attracts
Mr. Prouty's special atten Jon. '
Commissioner Prouty and Attorney Far
re U left tonight for. Washington.
LOS ANGELAS, Feb. 8. Franklin K.
Lane adjourned the Interstate Commerce
commission hearing at the conclusion of
ths day's session, to meet again in New
York on February 25, when the Inquiry
Into the Harriman merger will Be again
taken up. Several railroad officials and
officers of fruit growers' organisations
testified today. R. K. Wells, general man
ager of the San Pedro, Los Angeles ft Salt
Lake railroad, testified that after his com
pany had Instituted a fast six-day service
to Chicago for the benefit of the fruit
Industry of southern California the South
ern Pacific and Santa Fe companies made
objection to his action, and the aervice
Fruit men testified that the fruit growers
were making no money on account of ex
orbitant freight rates, and that the crops
were greatly endangered by the car short
age. Commissioner Lane was compelled to ad
journ the hearing earlier than was ex
pected, owing to ths Illness of his wife in
Washington. He left for the capital to
night. HARRIMAN GROWS FACETIOUS
Railway Magnate Say. He May Apply
(or Job -on Interstate Corn
NEW YORK. Feb. 8. Replying to ques
tions about bis health today, B. II. Harri
"Everything has been going along
smoothly, and they appear to be able to
get along as well without me aa with me.
Why should ,1 not stay at home altogether?
"But I must work, and soon, perhaps, I
may be looking for a new Job. My recom
mendations are many years of experience
on many railroads In many railroad fields,
and If they will raise the salary a bit, I
may apply for a Job on the Interstate
Commerce commission Inasmuch aa If the
Interstate Commerce commission is to run
all the roads, I think they ought to want
On the congestion of traffic on the rail
roads of the country Mr. Harriman said:
"The railroads cannot build and supply
cars for the shippers to uss as store houses.
There are hardly enough care for that.
Yet the man to whom a load of freight is
consigned thinks he ought to be privileged
to use ths railroad ear aa a More house
aa long aa h. likes.
"Limit ' ths time the service of a ear
can be used by a procrastinating shipper
and much of the present.trouble will dis
appear." BIG DRY DOCK IS PLANNED
Sen Francl.ee Company Plans Strae
ture Large Enoagh t Held
SAN FRANCISCO, Feb. (.-The largest
dry dock In the world, with a stone and
concrete basin big enough to hold any
of ths two battleships of ths United States
navy at ons time Is about to bs con
structed at Hunter's Point by the San
Francisco Dry Dock company at a cost of
tl.aO.OOOi The land haa already been sur
veyed adjacent to ths two docks that the
company already has In operation and the
! work will be rushed to a speedy comple-
It Is understood that the work has been
', undertaken with the expressed encourage
j ment of the Navy department, which ia
also aald to have expressed a wish that It
I be carried to aa early completion. It la
said that the new dock will be 1.060 feet In
length, 170 feet longer than the famous
.dock at Glasgow, and Z2t feet longer than
ths Alexandra dock la Belfast harbor.
JUDICIAL BILL IS HELD IIP
Congressman Kink aid Winti More Court
Held in the Sixth Distriot
ENDANGERS PASSAGE OF THE MEASURE
Insists People of Large Part af Ills
District Find Omaha More Con
venient Thus Plncea Des
ignated la the Bill.
(From a Staff Correspondent.)
... . .-,.,..., . - . ., I
WASHINGTON. Feb. -8Pclal ' Tele- I
gTam.)-The I. a row on In the Nebrs.ka
delegation which gives promise of defeating
the judicial bill unless a spirit of give
and take becomes more pronounced than
It now Is.
It was supposed this morning that the
Judicial bill, as Introduced by Judge Norrls,
would be reported out of the Judiciary com
mittee, the report on the bill being In the
hands of the chairman of the subcom
mittee, Mr. Alexander of New York. Just
prior to the meeting of the subcommittee
this morning unexpectedly Senators Millard
and Burkett appeared In the Judiciary
room, accompanied by Representative Kin
kald, and, aa chance would have it. Judge
Norrls appeared at the same time in order ; judges.
to see that the report on his bill was j The senate started no new bills, for the
made. j first day since bills were presented, and
Judge Klnkald began proceedings by in- I mado one law, passing the house bill pro
slstlng the last bill Introduced by Judge j viding a penalty for wife desertion.
Norrls did not give the Sixth district the ! Several senate Mils were passed by the
number of places for holding court to j senate, the principal being the admlnlstrn
whlch that district Is entitled and he de- I "'in bill, requiring candidates to file ac
manded that the Fifteenth Judicial district j counts of their expenses In the campaign,
be given recognition and that Alliance! ...... . ....
as well ss Valentine or some place on the I LLKS ORGANIZE NcW LUDuL
Northwestern road be inserted. This
change Judge Norrls fought with all his
strength, as it would affect both the Omaha
and Norfolk divisions, and he insisted that
it would be a breach of decency, to say
nothing of courtesy, if the changes sug
gested by Judge Klnkald should be made
In the absence of Messrs. Kennedy and
McCarthy, representing those divisions.
While not outspoken, It may be said that
the senators seemed Inclined to support
Judge Klnkald In his demand for addl- j
tlonal recognition, but the decided stand I
taken by Judge Norrls, that there would i
be no change in the bill, which was agreed I
upon In a conference held by the delega
tion and that the report on the bill be
held over until some other day, it was then
decided to call a meeting of the delegation
for tomorrow morning at 10 o'clock at
Senator Millard's committee room so that
some concerted action might be agreed
upon or else abandon the new Judge propo- j
sltlon for Nebraska altogether. j
Norrls Worked I'p. j
In this connection It is fair to say that
the subcommittee of the Judiciary com
mittee Is fully agreed on the proposition
that to give additional places to the Sixth
district would be out of proportion to those
granted the rest' of the state. Judge Nor
rls. when seen tonight was considerably
worked up over ths turn affair, have taken
and said: '
"The bill will never be passed If we must
satisfy all the demands of Judge Klnkald."
Apropos of this condition, Judge Norrte
today received the following te.egram,
signed by Messrs. J. H. Hoagland, Beeler,
Halligan and Grimes, bar committee of the
Lincoln County Bsr association: "Ths bar
of this county and the western portion of
the state commend your bill making North
Platte a point for holding federal court
We hope you will Insist upon North Platte
Judge Klnkald, In explaining his position
on the judicial division bill, said that from
the very beginning he had been opposed
to North Platte. That he opposed It to
the full committee of Judiciary, and In
sisted that if North Platte remained In the
bill Alliance should be put in and some
other point on the Northwestern railroad
in the Fifteenth Judicial district He said
the bill as drawn puts most of the Fif
teenth judicial district with Norfolk, leav
ing the west part to North Platte, Includ
ing Alliance. All the way through the
Judge said he had contended that the re
motest parts of the state should have relief
In the first Instance and that the portion
of his district Included In the Fifteenth
judicial district had a ight to recognition,
and If. he could not get the recognition
which he believed the people of that sec
tion were entitled to he would be In favor
of leaving matters as they ars and continue
to go to. Omaha.
Cites Some Reason..
"In order to go to North Platte." he
said, "the people residing In Sheridan
county weuld be compelled to changs cars
four, times, going by way of Crawford and
Sidney. Tbs people of Cherry, Brown,
Keya Paha and Rock counties would rather
go to Omaha after they once got started
than to stop at Norfolk. The bill as now
framed fixes all places for holding court
In less than half of ths area of the state
In a compact form. The Fifth congres
sional district haa Grand Island, Hastings
and McCook, which is out of all proportion
to ths rest of the state. The Sixth district
Is three and a half times aa large as ths
Fifth. As framed the bill Is disproportion
ate, not only aa to area, but to population
aa well. Taking the court to the people la,
I understand, the theory of the bill, and
If that.be true the dlstanc must therefore
Mlaer Matters mt Capital.
The Iowa delegation will meet In Senator
Allison's committee room tomorrow morn
ing at 10.30 o'clock to agree, if possible, on
federal patronage, there being several can
didates tor a number of places now due.
Congressman annsdy was today advised
by the pension bureau that an application
of Elisabeth McNalr of Omaha, formerly
widow of Theodore Buehler, late captain
of Company D, Twenty-seventh Indiana
Infantry, bum been renewsd at th rate of
20 per month.
Representative Pollard Uday scoured ths
passags of ths following bills lncreasing
pensions: Robert McMillan, Auburn, to
fcX and F. C. Acker, Havtlock, to the earn,
Th house, whlls having pension bills
under consideration today, passed a bill
to Increase the pension of Victor II. Coff
man of Omaha (rom til to 830 per month.
A bill was also passed through ths house
to Increase the pension of Mrs. Mildred
L. Alias of Omaha to 818 per month.
The bill extending the time given the
I Winnipeg, Tajik ton at Oulf railroad to con-
1 struct a bridge across the Missouri rivsr
at Yankton for one year, passed ths house
; today. Thla bill has passed ths senate.
Mr. Martin yesterday held a consultation orbltant prices. Evidence being placed be
wlth the secretary of war and quarter- J tor th 5rianl ,ury w" ecure1 by in
master general concerning the military post vestigatorSTtrom ths Interstate Cotnmerc
at Fort Meade, S. D. It is now an eight
troop cavalry post with headquarters, and
Mr. Martin haa for some months been urg
ing that It should be Increased to a regi-
mental cavalry post The secretary of war
has given assurance that this post shall
not be abandoned and that It eventually
(Continued on Fourth Page)
ROADS WIN IN FARE FIGHT
Attempt to Rednee Pnssensrer Rates
la Sooth Dakota Is Defeated
In the Hons.
PIERRE. 8. D., Feb. . Special Tele
gram.) Present passenger rates -111 stand
In South Dakota, the effort to force a re
duction having failed In the house by a
vote of 44 to 88.
The afternoon session of the house was
devoted principally to the question of pas
senger rates. Argument was not limited
and with Carroll and Glsa leading for the
bill and Browne and Price of Yankton
V V , , " " .k , . .
expression of opinion. On the first test to
P tomorrow , advo.
crU9 wQn immediate action,
,,. v.nl. h. ,,, Ured
the cinch motion on their action.
At the morning session of the house
favorable committee reports were returned
on the antl-trentlng hill, and on the bill
making the office of clerk of the supreme
court a salaried one. A list of new bills
was presented, none of special Importance.
At the afternoon session the bill flxlntf
rcclflc terms for heads of state Institu
tions under control of the board of chari
ties was defeated, and one new law waa
made by passing the senate bill providing
for expense accounts of
Huron Team Pats the First Toaches
on Mlrhell I.oilae Thar.-
MITCHELL, S. D., Feb. 8. (Special Tele
gram.) Four hundred visitors from Huron,
Sioux Falls, Waterlown and other cities
In the state gathered at Mitchell yester
day for the organization of an Elks lodge,
the Huron Elks coming on a special train.
Work was done In the afternoon under
the direction of W. A. Hockman, district
grand deputy, who was assisted by Huron
Elks. The Gale theater was the scone of
labor and the Mitchell Elks started out
with a membership of 139.
The following are officers of the first
lodge: Exalted ruler, T. J. Spalgler; es
teemed leading knight. Dr. R. C. Warn;
esteeded royal knight, W. M. Herbert;
esteemed lecturing knight, H. E. Hitch
cock; secretary, L. D. Mlln; treasurer, Wil
liam M. Smith; tyler, George I.lko; trus
tees, Thomas Fullerton, D. A. Mlsener, F.
After the work a banquet was served at
Hotel Wlgmann, followed by toasts from
a dosen leading Elks from over the state
and local members.
HALF FOOT OF SXOW COVERS BODT
Woman Frosen to Death la Bllasard
Is Fonnd After Losg Search.
STURGIB. 8. D., Feb. 8. (Special Tele
gram.) The body of Mr. Emly Wahl, 'who
was frozen to death Friday In the severe
bllxtard ten miles from Stonevllle, arrived
here today, and was taken to Hermosa to
night for burial Sunday.
The body waa found after a long search,
Covered with six Inches of snow. When
fMind she was lying on her back, with her
hat pulled over her face, her hands clasped
over her breast and one foot sticking out
of the snow. A sack and a pair of mittens
were found hanging on the fence. It Is
supposed they were hung there by her to
assist In finding her body. '
Bond Snle Is Rescinded.
CASPER. Wyo., Feb. 8.-(8pectal. The
commissioners of Natrona county have
rescinded the sale of the bonds for the
court house building to the state on th
ground that a sale to the state on the
bid price would be In violation of ths law
which compels them to make no sale for
less than par value of the bond.
BROWNSVILLE CASE RESUMED
Hen Who Had Charere of Gnns
and AmmonltloB Are
WASHINGTON, Feb. 8. Walker Me
Curdy, formerly quartermaster sergeant of
Company B of ths battalion of negro sol
dlers discharged ' for the alleged "shooting
up" of Brownsville, Tex., who had charge
of the Issuance of ammunition, and former
Sergeant Jackson of ths same company,
who had charge of the quarters and the
keys to the gunracks on the night of the
affray, testified today before the senate
committee on military affairs.
After McCurdy had told his story Senator
"Have you told all you know regarding
the affray! Are you trying to conceal any
thing?" McCurdy Insisted that he had told all he
knew and that he desired that the whole
truth should be known.
"Then you are not satisfied with the
character of discharge you received?" aaked
"No, sir, I am not" replied McCurdy. "I
had done nothing to be punished for. Let
them punish the guilty parties and not the
innocent I have never been punished be
fore." Answering a question of Senator Foraker,
the witness said a Springfield rifle would
"shoot clear through a house."
. Sergeant George Jackson testified regard
ing the manner In which he had kept the
gunracks. for which he' had the keys on
the night of the shooting.
On cross-examination he admitted he had
heard that government ammunition had
been found to have been used In ths shoot
ing, but said if any was used he could not
understand how It could have been secured
SEATING COMBINE UNDER FIRE
Charge that Small Sehoels and
Chnrehes Are Foreed t Pay
CHICAGO. Feb. 8. A federal grand Jury
today begun an Investigation f charges
that ths American Beating company la
violating th Sherman anti-trust act. It
u claimed that the concern, which deals
j ' school and church supplies, has caused
1 small schools and churches to pay ex-
Ths company Is said to be Incorporated
under the laws of New Jersey, without
capital. Claims are made that the company
I aought to absorb Independent manufaotur-
lng plants. Companies refusing to sell, It
Is said, wsre forced out of business.
A hundred witnesses have been aura-mooed,
CODSTY OPTION DEAD
senate Finally Kills thi Bill 07 Tott of
Twenty to Eleven.
CONSIDERABLE DEBATE ON THE MEASURE
Galleries Crowded by Its friends, Who
Applaud Sipportert on Floor,
COMMISSION BILL MAY BE AMENDED
Some Want Frorition Iiierted Vakias;
Freaeat Eatei the Maximum.
WOULD SIMPLIFY COMMISSION'S WORK
Railroad Lobbyists Rosy Trylngr t
Kill Off th Terminal Taxation
and th Primary
(From a Staff Correspondent)
LINCOLN, Feb. 8. tSpecial.) In the pres
ence of a gallery and lobby filled with
friends of the measure the county option
bill was killed this afternoon In the senate
by a vote of 11 to 20. Every senator was
present but Gibson of Douglas, and he was
paired with Wlltse of Cedar, who favored
The debate called out considerable ora
tory on both skies and the gallery fre
quently Interrupted with applause for th
defenders of the bill. This led Wllsey of
Frontier to jump to his feet and move th
galleries be cleared, but a chorus of "nose"
from the members and hisses from th.
gallery drowned him out. and his motloa.
was not put
The backers of the bill have realised sine
the let vote yesterday that they were up
against a losing fight but at the same time
they died game and contended for every
Inch of ground up to the time of the final
Immediately after the session began after
the noon recess the senate went into com
mittee of the whole, with Thomas of Doug
las in the chair. Every available seat was
taken In the gallery and on the floor of
the senate, while in the lobby there was
not an Inch of standing room to spare.
As a sop thrown out to the opponents
of the bill. Wilcox moved to amend It by
requiring 30 Instead of 10 per cent to sign
the petition for the submission of license
or no license to a vote. This waa lost,
sixteen members voting against It The
Patrick offered another amendment pro
viding the vote could be taken only onos
In four years Instead of once In two years.
This was lost by a vote of 18 to 12. Wilcox
then made the formal motion to recommend
the bill for passage and Dodson of Saline
moved as a substitute It be indefinitely
Prohibitionists Are Denounced.
King of Polk started the debate with an
address of over half an hour In favor of
the bill. He said he understood th. Op
ponents of the measure hsd said they had
enough votes to kill It, but he insisted It
ought to have a air discussion before th.
senate, even If It would have no effect on
the result. He took occssion In the course
of his address to score the prohibitionists
who' ho said were largely responsible for
the defeat of their bill because thsy re
sorted to vllllflcation and refused to sup
port men who were honestly In favor of
rigid liquor law a because they refused to
subscribe to the third party platform. HI
remarks were answered by Wilson of Paw
nee, Wllsey of Frontier, Sibley and Byrnes,
who replied denouncing the bill as unfair
In that it gives ths prohibitionists two
whacks at tbeir side of the question, where
the license party would have only one.
Wilcox and Patrick defended the measure.
The vote on the motion to Indefinitely
postpone was 19 In the afflrn;atlve,- th.
negative not being taken. The oonmlttee
of the whole then adjourned, and the Sght
wae taken onto the floor of ths senata
proper. Thomas moved the report of th.
committee recommending the Indefinite
postponement of the bill be adopted.
Sackett moved as a substitute that it b
not concurred In, and King demanded a
roll call. The vote on Sackett'. substitute
was aa follows:
CConnell, Wlloox It ,
Byrnes (Piatt.), Randall,
Gibson and Wlltse of Cedar were paired,
the former being opposed and the latter for
May Amend Commission BUL
Borne members of ths legislature hav.
been seriously studying the railroad com
mission bill drafted by the Jplnt com
mittee of the house and senate, and It
la not unlikely that an effort will be made
to get the committee to make aome
amendmenta to the measure, and at least
a few members pt the committee would
not object to some changes. The bill
does not fix a legal freight rate at this
time, but provides the commission, aa
soon aa possible, shall fix up a schedule
of rates. It waa argued by republican
speakers during the campaign, and espe
cially by Governor Sheldon, that the
rates In effect now should be the legal
rates and the cpmmlsslon should have
power to reduce these rates wherever It
was found they were too high. There ie
no reason to think Governor Sheldon has
changed his views. Had the railroad
committee adopted this plan as soon as
the bill becomes a law the railroad com
mission could have reduced the rate on
any class of property named In the pres
ent schedule of rates. For Instance, If
ths rate on corn Is too high from any
given point, this -rats could be reduced;
If the rats on wheat Is tqp high It oould
be reduced. . Then, to prevent the orders
of the commission becoming effective. It
would be up to ths railroads to secure
an Injunction against the reduction of
corn rates; another Injunction tp prevent
ths reduction of wheat rates and so on
through the schedules of a thousand or
mors rates. A separate Injunction woull
have to be secured by ths railroads to
nrevent a reduction on any slnala com-
1 " 1 -
As the bill Is at present. It has been
pointed out by on who has given the
matter much study, It will taks the com
mission at least a year to make a classi
fication of rates, and the railroads will
then bs In a position to attack ths entire
classification with one suit and the whoU
schedule may bs knocked out.
While no one has raised the least criti
cism of the work of the subcommittee
sppolnted to draft this measure, some of
ths members cave had their attention
called to this as being In line with th.
republican state platform, and', yevlalaa,
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