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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 9, 1907)
Fhe- Omaha Daily Bee Always Read THE OMAHA DEE Best A". West HEWS SECTI01L 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 Htr Marriace. JEROME OBJECTS TO MANY QUESTIONS uistnet Attorney Says There Should B Limit to the "Defamation I th Dm" and Ten derleln Gonlf. 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 throat treated. 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 White. 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 man." "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 him alone. "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- ' of feeling 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 actor. I Barrymore She eald she bad first met at a party given by Stanford Whits the year following her Introduction to the arclUtect. j "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. I 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 TKl WI1THEB. PORBCAST FOR NEBRASKA Fair Sat urday and Sunday; colder Sunday. FORECAST FOR IOWA Fair and warmer Saturday; Sunday, artly cloudy and colder. 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... 4fl f I u m j. 37 8 p. m 44 p. m 43 XiEQIBXtATXTB. 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 REBKAIIA, 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 WABsTUr QTOBT. 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. Fags 4 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. Page 1 DOMESTIC. 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 X.OOAX 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 city. Page 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. Page 8 POST. 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 Trip. Aecldent i Trial 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 i to th tok n0,e aId not work- MISSOURI PACIFIC WRECK i "" rrel.ht Trains Calllde la Mtssonrt and Firs ire Injarcd. 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 Injured: 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 MrcltnlLA EGAN TO SOUTH Kansas City Railroad Mas Will Become General Maaasjes et Brasll System. 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 .N OreraoalM Are Designed oa Impos ing Scale, Enlisting Participation 1 Prominent Members of Catholle Clerarr 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, Injuring? Others. 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 frightfully. Th accident waa caused by a misunder standing of signals. KIRKMAN DEMANDS RELEASE Attorneys far Former Army Oflleer Alias; that His Seatao Has Expired. 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 son. .f 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 territory. 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 was discontinued. 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 mere Commission. NEW YORK. Feb. 8. Replying to ques tions about bis health today, B. II. Harri man said: "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 me. 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 Twe Warships. 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- Itlon. 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 being named." 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 be considered." 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, amount 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 circuit court Huron Team Pats the First Toaches on Mlrhell I.oilae Thar.- day Afternoon. 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. A. White. 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 Examined. 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 Hemenway asked: "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 Mr. Hemenway. "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 without detection. SEATING COMBINE UNDER FIRE Charge that Small Sehoels and Chnrehes Are Foreed t Pay Exorbitant Price.. 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- I commission. 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 Dills. (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 bill. 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 roll call. 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 postponed. 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: Teas Olovr, Goodrich, Hnn., tol brook. Nays Aierlch, Ahtoa, King, miiiip Vat. rktt, CConnell, Wlloox It , PUrtck, Epprrwoo, ' Oould. Lstta, tibia Thorns, Thomson, Thorsa WHr (Frontier), wibjos aa Buck, Burns (lesur).MKieoa, Byrnes (Piatt.), Randall, Clark., Root. Dodaoa, saunam, Gibson and Wlltse of Cedar were paired, the former being opposed and the latter for the bill. 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 - ' modity. 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,
