The Omaha Daily
Bei
VOL.
-NO. 23$,
OMAHA, FRIDAY MORXIXO, MARCH 22, 1007-TWKLVE TAGKS.
SINGLE COPY THREE CENTS.
Ml
SAY T1IAW IS INSANE
Eie. AffldtTita Tiled to Ebew Defendant
Mentally Unsound,
ONE SAYS HE IS DANGEROUS CHARACTER
BifTertac with Parinoia and Likely to Be
Violent at Any Time.
DEFENSE IS NOT READY TO REPLY
Jndee Poitponei Heu n Until Saturday
Afterioen at 2 O'clock.
DELMAS STILL IN CHARGE OF CASE
Conrt RrfiiM to Hear Aay Ar(imt
from Mr. Hartrlda-e Neither
Thaw Nor the Jury la
Present.
SUMMARY OF THE BEE MNE-UP OS COUNT'S WILL
Kridtr, March S3, 1UOT.
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PROBING TELEPHONE DEAL
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NEW TOHIC. March SI. District At
torney Jerome today presented to Justice
Fttsgarald eight affidavits In support of
the suggestion he made yesterday In the
rase of Harry K. Thaw that the defend
ant la now In such a mental state as to
be Incapable of understanding the pro
ceedings against him or making his de
fense. Court was in session for loss
than an hour, Mr. Dolmas, for the ae
fense, stating that their answer to the
district attorney's proposition was not
ready. , Justice Fitzgerald allowed both
Ides until Saturday afternoon to filo such
affldnvlts as they desire. Neither the Jury
nor Thaw was In court today. The Jury
having been excused until tomorrow at
10:30 there will be a brief session at thiit
time and a formal adjournment until Mon
day announced. Dy Monday Justice Fitz
gerald Is expected to bo ready to announce
his declBlon.
District Attorney Jerome pleaded today
for permission to examine Dr. Allan Me
Lario Hamilton orally, but In the absence
of a waiver of professional privilege on
the part of the defense Justice Fitzgerald
said he would not nllow the doctor to be
examined further at this time. Justice
Fitzgerald added significantly that ho
would take Judlcinl notice of everything
which had been adduced In evidence dur
ing the nine weeks of the trial. Dr. Ham
ilton. It will be remembered, on yesterday
testified that In his opinion Thaw is not
at present capable of directing his de
fense. Two Views of Jod are's Aet.
Refusal of Justice Fitzgerald to allow
Dr. Hamilton to be Interrogated In the
proceedings to enlighten the conscience
of the court as to appointing a commis
sion was Interpreted In various ways by
those In court today. The attaches of
the district attorney's office were incline!
to the belief that Dr. Hamilton having
already stated his opinion to Justice Fltz
gerald the latter deemed It unnecessary to
precipitate an argument as to the waiving
of professional privilege. The defence
aoemed Inclined to the view that Justice
Fitzgerald had held" Dr. Hamilton's evi
dence could not be taksn Into considera
tion, and that consequently the dfstrlct
attorney's position was materially weak-
ened. Dr. Hamilton was first called into
the caaa by Thaw's lawyers and It wai
VUle tie was In their employ that he had
made his examination of the defendant.
Under the law he cannot testify unless
there Is an express waiver from the man
who wtis his patient. Mr. Jerome's affi
davits submitted today embraced the opin
ion of his seven experts who have here
tofore testified and a statement by Irvln
8. Cobb, a newspaper reporter, who gave
the text of the statement which Thaw
Issued at the conclusion of Mr. Jeromo's
long and severe cross-examination of
Evelyn Thaw.
Mr. Jerome In presenting his affidavits
called particular attention to the one
signed by Dr. Charles F. MacDonald, who
declares he Is firmly convinced that Thaw
la suffering from paranoia, and that whllo
h" knew enough to realise the nature an t
quality of his act when he shot Stanford
White he Is now and for some time past
has been Incapable of understanding the
proceedings against him.
Affidavit of MaeDoaald.
Dr. Carlos F. MacDonald in his affidavit
declares:
After careful examination of the exhibits
and the hypothetical question and the tes
timony and affidavits of Mr. Cobb and. as
suming evidence stated In the case to be
true, my personal observation in court dur
ing the trial and also Including certain ob
servations that I made of the defendant In
the library of the district attorney's office
on June 36, lCOtJ, I am of the opinion that the
defendant Is now and for some time past
has been suffering from a form of mental
disease commonly Known among men skilled
In mental diseases as paranoia. Yet it Is
my opinion, based upon what has Just been
enumerated, that when the defendant killed
Stanford White on June 2R, lfril, he was
then suffering from said mental disease,
commonly known as paranoia, but that his
then mental state was such that he knew
the nature and quality of the act that he
wus doing and that it was wrong, namely,
that he then and there knew that he was
discharging into the body of Stanford
White a loaded revolver; that it was Stan
ford White Into whose hotly he was dis
charging a loaded revolver, and that he
then and there knew that such discharge
was likely to produce death, and that he
then and there knew such act on his part
was against the current morality of the
people of this state and in violation of law.
I am of the opinion, upon the facts above
enumerated, that the mental disease com
monly known as paranoia, from which the
defendant was suffering on the night of
June 25. !!. Is a fonn of mental disease
from which It la reasonably certain he will
noi recover and that the discharge of the
said Harry K. Thaw would be darwreruus
lo public peace and safely and that he
should be committed to an Institution for
the insane. I am further of the opinion,
upon the facts above stated, that said
Hurry K. Thaw is now and for some time
past has been In such a state of lunacy or
liuuuilty as to be Incapable of understand
ing the proceedings against him or making
any detente.
Exhibit A. to which Dr. MacDonald al
luded, U the district attorney's hypotheti
cal quest Ion.
luaanity Is Hereditary.
' Dr. Austin Flint declared In his affidavit
that he had been informed by Dr. Blnga
man of Pittsburg that Thaw's aunt, Mrs.
Herscb. was an epileptic. Dr. Flint also
declared that Dr. Jchn T. Deemar of Kil
tanlng. Pa., Informed him that N. A. Cop
ley, brother of Harry Thaw's mother, was
an Imbecile from birth and that Josah
Co.. ley. another brother of Mrs. William
Thaw, was violently lnssne and confined
In an asylum. Dr. Flint adds that Dr.
IV-emar also told him that John Ross,
son of one of the maternal aunts of Harry
Thaw, was an epileptic from Infancy and
prior to Ms Incarceration had maniacal out
burst in which he attacked his mother with
a i-hair, and that he also attacked ate
shuer and his family physician.
Pr. Flint expressed the same conclusions
as did Dr. MaclKnald and the other physi
cians. - The reporter, Cobb, In his affidavit sets
TED WBATbTXSV
FORRCA8T FDR NBHRA8KA Fair and
cooler 1-Yirtay. Saturday fair.
FORECAST FOR IOWA Partly cloudy
Friday, cooler in west portion. Saturday
fair and cooler.
Temperature at Omaha yesterday:
Hour. Deg. Hour. Deg.
6 a. m 46 1 p. m
6 a. m 47 2 p. m 83
7 a. rn 43 S p. m t7
8 a. m 54 4 p. m &
a. m 60 & p. m 84
10 a. m 64 6 p. m 81
11 a. in 70 7 p. in 79
U m 76 8 p. m 78
V p. m 77
Z.SaiBX.ATZTB.
Nebraska house puts in meet of the day
discussing the senate anti-pass bill, many
amendments being offered and voted down.
Measure is Anally sent back to the commit
tee on railroads. The senate passed the
Aidrich maximum freight rate bill, a bill
establishing a bureau of commerce, provid
ing for publicity of tho prices paid for
grain by compelling reports to the labor
bureau and placing warehouses under the
control of the railway commission.
Page 1
DOMESTIC.
Railway traffic in Callfrnla Is practic
ally suspended because of washouts and
lundalldes. Klghty miles of Sun Pedro line
washed out In Meadow Valley canyon and
this part of road may be abandoned.
Pace 4
Woman and her daughter are burned to
(loath In. prairie, fire which, late at raght,
threatens Heriick, 8. D. Page 1
Governor Crawford Issues statement in
rrpiy to charges Involving him in fraudu
lent land transactions. Page 1
Threo men are probably fatally burned In
fire started by explosUn of 20,000 gallon
tank of gasoline near Atlantic, la.
Page 1
After hearing affidavits of alienists Jus
tice Fitzgerald decides Thaw case wITT go
over until Monday. Page 1
POKEIOIT.
t'nlted States marines are landed In Cen
tral America to protect property of for-
elgners. It Is probable that the United
States and Mexico will Intervene to end
hostilities. Page
First Parliament of Transvaal colony
meets and will pass antl-Aslatlc law.
Page 8
XrXBKASXA.
Title to eighty acres' of land near Scrtb
ner, held by Anna Schellenbcrger during
twenty-seven years of litigation. Is still
In dispute. Case I on trial on merits at
Fremont. Page 3
Supreme court hands down opinion to
effect governor need not pay rent for ex
ecutive mansion, as it is not a perquisite
within the meaning of the law. Page 3
Contract Is let for drainage of 8,000 acres
p't the (Missouri" "river bottwn laad " near
Pent at cost of 130,000. Page 3
March temperatures exceeding the ninety
mark are recorded. Page 3
Like other big projects, the Platte river
power canal is tied up by Inability to bor
row money. Pags 3
Prairie fire devastates tract fifteen miles
long near Hemingford and town Is saved
from flames by sudden change of wind.
. Page 1
Prosecution of Frank Brink for murder
of former sweetheart at Ponca has only
circumstantial evidence. Page 3
Joshua F. Wright, a daring gambler who
has operated In Texas, Nebraska and Colo
rado, kills himself at Hastings. Page 3
WAIKUTOTOir.
Cofonel Qulnn, engineer In charge of Mis
souri river Improvements, submits plans to
secretary of war for spending of $400,000
appropriation, and they are approved.
Page 1
lOCAXh
News of Oeneral Wint creates profound
sorrow among his associates at army
headquarters and other friends in Omaha,
where he was very popular. 1 Page 4
ieni are Freiarin Their Foroei Tor
Oeneral Conrt Tight
ALL INSTITUTIONS UNDER THE BAN
Oa One Tart Elements Agree, that
Is for Early laterpretatloa
of that Mooted Thlr
teeath Claaae.
While the executors and attorneys are
busy in making the inventory cf the estate
of Count John A. Creighton. heirs are
equally busy preparing to contest the will
In the effort of Increasing their portions of
the benefactions. The Bee is Informed by
most reliable sources that this contest. It
Is now evldertt, will be much more compre
hensive than was originally thought and
that the truce, which It was announced a
few days ago, had been agreed on. Is
knocked sixteen different Ways and a wide
open tight to a finish is Inevitable.
It is now stated that all factions, not
alone the unmentloned heirs, but others as
well, will co-operate toward a decisive and
early Interpretation of that mooted thir
teenth clause, which Is the key to the
whole situation, primarily.
From the same sources it Is stated that
contests will be made on the bequests to
these Institutions:
Creighton university.
Creighton Memorial (Bt. Joseph's hospl
tal).
Little Pinters of the Poor (Old Woman's
home).
Working Girls' home.
Attack on Hospital.
The fight will be made on the hospital
on the grounds that the law 'limits Its
holdings of this sort to $100,000. That Is
the present law, although good lawyers
are not settled In the conviction that this
statute, designed not specially for the In
stitutions, but for the protection of the
state, could be strictly sustained in a fight.
But under the law as amended by the
present legislature this limitation will be
removed. However, It Is said the fight will
be made Just the same. Certain helra have
been to Lincoln In the endeavor of defeat
ing this bill, but failed.
The attack on the bequest for Little Bis
ters of the Poor, who are to maintain the
home for the old women. Is based on the
fact that that order Is not now established
In Omaha and must come here In order to
avail Itself of the benefaction. The con
tention by some Is thought not to be
Strong, but affords an opening and wilt be
urged.
The Working Olrls' home will have hard
sailing as well. If the heirs can make It
so. This benefaction Is outright $00,000,
with a share in the surplus, which probably
would bring the total up to $100,000.
University Comes In, Too.
It will come as a great surprise to many
to hear that the contest Is to extend to
Creighton university, but that the claims
PLANS FOR IMPROVING RIVER
Ilefore Grand Jnry Halsey
Arrested In Manila.
SAN FRANCISCO, March a. Tho grand
Jury today resume dthe work of investigat
ing tne alleged wholesale graft and cor
ruption In the municipal affairs of this
city, and after an all-day session, with a
brief recess at noon, adjourned tonight un
til 11 o'clock Saturday morning. No In
dictments were returned today. The en
tire day was taken up In probing Into the
alleged bribing of the supervisors by the
telephone companies, on which twenty
seven Indictments have already beeir-based.
The grand Jury made a determined effort
to trace the $90,000 alleged to have been
paid by T. V. Halsoy, representing the
Pacific States Tel-phone and Telegraph
company to ten of the supervisors to pre
vent the granting of a franchise to the
Home Telephone company. For the pur
pose almost all of the officials and books
of the Pacific States company were aken
before the grand Jury by Secret Service
Agent Iiums. Among the officials exam
ined were: Henry T. Scott, president; E.
J. Zlmmer, former auditor, but now vice
president; B. C. Carroll, general agent;
John S. Curran, adjuster; A. B. Cooper,
station man; C. J. Hall, secretary to T. V.
Halsey, the former general agent; T. S.
Sherwln, auditor, and Frank D. Drum, a
director of the company. The latter
emerged from the grand Jury room some
what nervous and excited and .assaulted
a newspaper photographer who attempted
to take his picture. President Scott was
In the Jury, room but a few minutes and
upon comln gout declined to discuss the
testimony given beyond that he had "an
swered all question put to him."
Auditor Sherwln said tt at he was re
quested to explain the bookkeeping meth
ods of the company and was asked about
the various amounts on the books which
were pnld to Halsey, but declared that the
accounts showed no such sum as $.V),ono or
any considerable part as having been used
or paid to the former general agent. Hall,
under tho Interrogation of Heney, ex
plained his duties as secretary to Halsey,
which consisted, he said, of looking after
the publicity department and of gathering
data on the opposition.
Miss Nelllo Smith, stenographer to
Oerstle, Frick & Reedy, the attorneys who
represented the Home Telephone company
In the obtaining of a franchise from the
supervisors, was recalled today and spent
over an hour In the grand Jury room. She
Is considered by Heney and Bums to be
one of the most Important witnesses In the
deal by which the Home company Is said
to have paid $j2,000 to the supervisors
through Ruef for their franchise. It Is
said that al efforts so far to get any
Information from her have failed.
T. V. Halsey, the "outside" man for the
Pacific States Telephone company, who. It Is
charged, handled the bribe money for the
supervisors from the telephone company,
has been arrested In Manila and Is about
to begin his Journey back to San Fran
cisco to face trial on the ten Indictments
of this, the central Institution, will be at- filed against him yesterday by the grand
tacked Is now said to be unquestionable. j Jury. Halsey was taken Into custody by
This Is the thirteenth slause around j Chief of Police Harding of Manila lm-
whlch the whole fight seems to revolve: mediately upon the receipt of the cable
Thirteenth I l-.sreby will, devise and be- gram from the authorities In this city.
queajh all the rest ldueand remainder . Bubg4(qll(ljU,y . rtrlot,, AUipney- Lftngdon
oi me "wm v' r- ",'"" ... v.i. ,i
I may die seized or possesses, 10 me iega- i .....
tees and beneficiaries hereinbefore men- of the arrest and that Halsey had waived
extradition.
It Is expected that Halsey will be re
turned to this country on the next Pacific
The heirs making the attack take the , Mai steamer, leaving Hong Kong In charge
Two feawni to Be Spent in EemoTine
Enari from M Biouri
FOUR HUNDRED THOUSAND AVAILABLE
Colonel Qulnn, Engineer In Chnrn-e,
Submits Estimates of Work and
Methods of "pending Money and
They Are Approved.
FIRE RAGES OVER BIG TRACT
Sudden t'hanae ol Wind Saves Item
ing ford from Flames Which
Do Mnrh Dnmaae.
tloned, each of them to take and have the
proportion of such remainder as the be
quest herein made to him or her bears to
the whole of my estate,
position that every dollar of property not 1 0f Chief Trowbridge of the United States
specifically bequeathed In the will goes secret service.
Into the undevised portion and swells their The state supreme court today on the re
prorata Just as much. No one denies that ql,e(,t of the attorneys of Abraham Ruef.
all parties concerned are eager for the the contraI figure of the municipal graft
earliest possible Interpretation of this investigation, dismissed Ruef's application
clause. There is a rumor that certain for a wrlt 0f habeas corpus to transfer
heirs Insist on cleaning up the whole litiga
tion within six months, but that the in
stitutions oppose this. This, is said by
some lawyers, would be impossible any
way. How the Flam res Stand.
Acordlng to a so-called agreement It has
been stated that these figures were settled
him from the custody of Elisor W. J. Blggy
to thnt of Sheriff O'Neill, and to be taken
from the St. Francis to the county Jail.
WASHINGTON. March 21.-The T'nlted
States supreme court today received the
record in the appeal of Abe Ruef of San
Francisco, charged with extortion, from
the declplon of Judge Hebbard dismissing
the petition for a writ of habeas corpus
and remanding hi mlnto custody.
(From a Staff Correspondent.)
WASHINGTON, March 21 (Special Tele
gram.) The work of Improving the Mis
souri river In accordance with the provi
sions of the rivers and harbors bill passed
at the recent session of congress will be
started about May .1. The plans for this
work have been submitted to the War de
partment by Colonel J. B. Qulnn, at Ploux
City, engineer In charge of the Missouri
river, and were approved today by Oeneral
Alexander McKcnzle. chief of engineers.
The rivers and harbors bill made avail
able for Missouri river work $400,000, to be
expended as follows: Between the mouth
of the river and Kansas City, $150.000f be
tween Kansas City and Sioux City. $150,000;
between Sioux City and Fort Benton, Mont.,
$100,000.
The most Important part of the work, as
outlined by Colonel Qulnn. will consist of
the removal of snags and other obstructions
from the channel. On this work about
half of the totaj appropriation will be ex
pended. It Is believed that when It la
finished the river will be In cor.ultlon for
the navigation of boats of the proposed
freight lines that are being organized In
Omeha and Kansas City for the greater
part of the year. Three snag boats will
be put at work, the C. R. Suter between
Kansas City and St. Louis, the James H.
McPherson between Kansas City and Sioux
City and the Mandnn abeve Sioux City.
None of these bouts Is now In commission
and Colonel Qulnn says It will cost $3,000
to get them ready for work. He thinks it
will require two snagging seasons for the
removal of the obstructions In the channel,
He estimates the cost of this work will be'
From the mouth to Kansas City, $S5,0fl0;
from Kansas City to Sioux City, $Tv8,000;
from Sioux City to Fort Benton, $37,000.
Protection for Banks.
A considerable portion of the appropria
tlon will be expended on revetment work
and protection of banks where such work is
necessary to navigation.
Colonel Qulnn says the .survey of the
river at St. Joseph, which was specifically
provided for In the rivers and harbors
bill, can be completed at an expense of
about $1,000. The purpose of this survey
Is to determine If the Improvements
planned to prevent the diversion of the
water of the Missouri through Lake Con
trary should be continued.
One of the most important projects out
lined by Colonel Qulnn provides for the
Improvement of the harbor at Bismarck
8. D. These improvements will consist of
the construction of pile dikes and other
work that will Involve a total expenditure
of $40,000. The work will be done on the
east side of the river and below the North'
ern Pacific-railroad bridge. Tbe engineers
at the - war department -Bay the ' Missouri
river work cannot be fairly started until
May 1, as the river will not be free of
Ice before that time.
Merchants Bank tlete Customs Money.
Senator Burkett today received a letter
from the' secretary of the treasury advis
ing him that the Merchants National bank
of Omaha will be designated as the de
pository for such government funds as
may in the future be collected by the col
lector of customs for Nebraska,
Brown's First Postmaster.
Senator Brown has performed his first
official act In recommending E. F. Fassett
for postmaster at Arlington, Neb., vice T.
A. Glerens, resigned.
Fred M. Bryner haa been appointed post
master at Oconto, Custer county, Ne
braska, vice C. W. Redfern, resigned.
HEMINGFORD. Neb.. March II (Spe
cial Telegram.) A prairie fire, which at
one time threatened this city, and spread
Itself over a stretch of country fifteen miles
In length and about three-ounrters of a
mile wide, occurred here today.
The fire originated at the ranch of F.
Nikon, who lives thirteen and a half miles
northwest of this town, who was burning
an old straw stack, and after consuming
a barn, a horse and a cow and several out
houses, It continued on Its Journey, doing
similar damsge to the Intervening ranch
men, and terminated at Tom Green's place.
three miles and a half southwest of here,
where it ended when the furious tale that
had leen blowing all day subsided.
At about 2 o'clock, when the fire was
directly west of here .the town was so
filled with smoke that the school was dis
missed and all business was stopped, and
everybody prepared to fight the fire. In
response to a call for assistance tho Bur
lington sent a special train from Alliance
with nearly fifty of Its shop employes, but
before they arrived the wind changed Us
course, directing the tire to the southwest,
when the worst was over.
Considering the big territory covered by
the lire, the loss will run Into many thou
sands of dollars.
CHAM ELL. Neb., March a. Prairie
fires started, supxsedly, by locomotives
and driven by a high wind swept all the
country between this place and Julnsburg,
Colo., today. Lack of telephone connection
prevents securing all details of damage
done; but reports have been received of
the burning of several bams, many t ns of
hay, one home belonging to Albert Nas
lund, hundreds of fence nxista and several
head of cattle.
Engineers of westbound freight trains to
day say that poor coal, with high winds,
Is making much trouble and that It Is nec
essary to keep men on the top of traina to
guard the cars. Two trains pulled In here
today with cars on fire, one of which had
to be chopped open to put out the fire with
hose.
Today's loose to farmers will reach far
Into the thousands of dollars, aside from
the range burned over, making feeding
necessary.
OX AiNTI-PASS DILI
House Spend Entire Aftertoon Debatin
the Senate sfeasare.
MANY AMENDMENTS OFFERED AND KILLEI
Changes of All Boris 6ntr(reited, bnt Onl;
One Gets Faror.
MEASURE GOES BACK TO COMMITTEI
Some Chtitrf I Will Be Hade and Bill Een
Beck to the Senate.
SENATE PASSES MAXIMUM FREISHT BILI
Measure Fixes the Tariff at Sot
Exceed ElahtyFlve Per Ceat
of the Rate In Force
January 1, IfMMt.
c
t
on:
Creighton university $150,000
Hospital . 100.0H0
I'oor t lares , '
beeTfiC FISH 0N ST0CK JOBBERY
In oOInn n vhnt fh will ' " "
cuuiymmuc ... . ," " , .", I Railway Magnate Says Honest
proviaea wnu n' n " , f." m- j
Offl-
Henry A. Homan, who lived fifty "Odi t a man deeply involved in the post mortem
affairs of Count Creighton he said:
Please do not ask me to say anything
about that; I simply cannot"
The will made these provisions for these
Institutions:
University $500,000
Hospital a'o.imo
Poor Clares 6O.O0O
Good Shepherd 50,000
The next legal step of a public character
will be the filing of the inventory. Until
rials
years In Omaha, passes away after ill
ness of several months. He was early
freighter on the plains. Pafe T
While executors and attorneys are pre
paring the Inventory of the estate of
Count Creighton helra are laying their
plans to contest the will. Page X
Mayor Dahlman says he will visit site
before signing the ordinance to grant con
cession for trackage on Eighth street.
Pa-e 7
H. C. Grady, chairman of the Brother
hood of Railway Trainmen of the Oregon
Railway and Navigation company, enroute
to Chicago with votes of his division,
thinks strike Is not at all probable. ,
Pare 3
Business men from North Platte visit
Omaha In Interest of May festival at the
Lincoln county metropolis, which Is grow
ing steadily. Page T
8POBT.
Garry Herrmann la elected president of the
American Bowling congress and Cincinnati
captures the next convention. Beselln of
Omaha rolls Gil In Individual class and
holds first plaoe until Matak of St. Paul
scores 624. Page 4
OIL PAINTINGS ARE STOLEN
Valuable Plrtares Cat frosa Frames
by Thieves at Heary Blcsjel's
Horn.
NEW YORK, March C.-The summer
home of Henry Siegel, proprietor of several
department stores In New Tork and other
cities, was looted by thieves last night at
Mamaroneck. The house was oooupled
only by caretakers. Mr. Stegel being In
Boston and Mrs. 8legel in New Tork,
tnd Not More
Are Needed.
Laws
PHILADELPHIA, March 21.-Stuyvesant
Fish, until recently president of the Illinois
Central railroad, addressed tho students
of the Wharton School of Finance today on
the financial situation. Speaking on the
subject, "Faith the Baxls of Finance," Mr.
Fish said in part:
Stock Jobbery cannot be stopped by legls
then nothing toward a contest will be done latlon, and the only way It can be stopped
is ny getting na ol aisnop.esi omciais. ijiw
will never remedy the evil. What is needed
publicly. Work on the Inventory Is pro
gressing as rapidly as possible, since all
parties are anxious to get at the real mat
ter as soon as possible. It Is still admitted
that no contest will be made as to the
count's right or competency In making his
will and that the only fight will be on the
Interpretation of this thirteenth clause with
Its consequent entanglements, but that
fight will be waged with all the skill and
power of gifted lawyers.
TWO DEAD IN PRAIRIE FIRE
Cltlsens of Herrlek, S. D, Turn Ont
to Eight Flames In Effort to
Rave the Town.
BON EST EEL, & D., March a. Special
Telegram.) A terrible prairie fire driven by
a furious wind has been raging since 10
o'clock this morning on the reservation
west of here.
Mrs. C. B. Yocum and her daughter
have been burned to death.
Tonight the town of Herri ck Is threat
ened and the entire population la out fight
ing the flames. ,
Thousands of dollars of damage has al-
j ready been dqne. Many farm houses have
Six or seven valuable oil paintings were ' been burned, the fire having covered a
cut from their frames and stolen, costly
brlo-a-brao, which adorned the house was
.thrown about, and closets and bureaus
were ransacked and their contents scattered
about the floors.
41 EL MOCHO" LEAVES AMERICA
Enemy of President Castro Missing
frosa New York aad May
Fight.
NE3W YORK. March 11. General Jose
Hernandes of Venesuela. better known as
"H Mocho," an avowed enemy of Presi
dent Castro, has disappear from his usual
haunts here. Friends say he has gone to
London.
General Hernandes arrived here recently
after a year's stay In Colombia and
Panama. He did not deny a report that he
was engaged In obtaining nioae Xor M
laa-urrecUas ftoiaet Caftror. .
stretch of several miles of country.
EGYPT TO RAISE BIG DAM
Conncll . Decides to Prepare Oroand
for a Large Yield of
Cotton.
CAIRO, Egypt, March a. The council of
ministers today adopted the proposition to
Increase the height of the Assouan dam
sufficiently to raise the water stored In
that reservoir by nearly twenty feet above
the present maximum.
It Is calculated that this will give suffi
cient new water lo Irrigute another l.OuO.OoO
Is nroner enforcement
The legitimate rise and fall In railroad
securities is a necessity. The railroads -need
money for Improvements and they can only
secure It by the legitimate sale of stocks
and bonds. To have these sales restricted
by law or controlled by government legis
lation wonld be rather hard on the corpora
tions and would not be air. to say tne
least.
I believe, and I think that you will agree
with me. that there should be fair dealing
for everybody. The regulation of rates so
that there can be noi discrimination Is per
fectly fair and proper, and I am satlslied
that It should be done.
The finances of this country are In an
excellent condition. The supply of gold In
the national banks and In the United States
treasury is not lacking and I am quite sure
that old mother earth is furnishing more
than enough to keep up with the demand.
Mr. Fish answered such questions as the
students put to him. Among the questions
was one as to whether or not the railroads
can stand the 2-cent fare throughout the
country. His reply was that the railroads
need money and that It must be provided
through the collection of fares. He said
the demand of the public for fast train
service, etc., made an expense upon the
various -companies that cannot be met by
the payment of the smaller fare. Of course,
Borne of the roads could stand It. while
others could not.
BURNING OIL INJURES THREE
Bla; Tank of Gasoline Explodes with
Loud Report Near Atlantic
and Starts Fire.
ATLANTIC, la., March a. (Special Tel
egramsThe 20,000-gallon tank of gasoline
which was thrown Into Camp creek by the
wreck on the Rock Island on Wednesday
exploded Thursday night with a terrific
report, burning the bridge over the creek
and probably fatally Injuring three men.
A house In the neighborhood caught fire.
The fire departmet of Marne was unable
to cope with the burning oil and allowed j
It to burn, turning Its attention to the
dwelling houses in the vicinity, with par
tial success.
The fire originated with a man with a
lantern who wag guarding the debris of
the -wreck.-. Ha-.wars, thought ,. to be Jax
enough away that the light would not af
fect the tank. The gas In the neighbor
hood caught and the entire city was
aroused by the report, which 'was heard
for miles. Burning oil was strewn for
rods In each direction.
Railroad traffic has been tied up. All
night trains are held here until the bridge
Is repaired.
Henry Turk, the man with the lantern,
Is thought to be fatally burned. H. A.
Smith of Walnut and Bert Hammond of
Marne, who were standing looking at the
debris, were so badly burned that their
lives are despaired of.
CRAWFORD ANSWERS CRITICS
Governor of South Dakota Says Home
stead Filing; was Voluntarily
Abandoned by' Him.
HURON, S. D., March a. Governor Coe
I. Crawford, when asked for a statement
in regard U the charges made by Secretary
of the Interior Garfield, alleging fraud on
the part of Governor Crawford in proving
up on public lands In South Dakota, Issued
the following over his own signature:
"I have all the facts relating to the
charge repeated by Congressman Mann to
the public last yt-ar. The fact that I was
triumphantly elected In answer to these
charges show what the people of South
Dakota think of them.
"I made a homestead filing' upon a quar:
ter section of land five or six years ago
in perfect good faith and absolutely with
out fraudulent Intent. I afterwards aban
doned the filing because' I concluded the
land was not the equivalent of the value of
my time In making the necessary Improve
ments and settlement. It was simply a
case of abandonment by me of a lawful en'
try which the government may, of course,
cancel. No proof of settlement was ever
made or offered.
"The charge of fraud Is unfounded and
Is made ex parte. The attempt to exploit
It In the newspapers and the placing of It
In the Congressional Record Is no doubt
Inspired by political enemies upon whom
the attempt will react with double force,
"As to the other filings mentioned I state
most emphatically aad unequivocally that
I never either directly or Indirectly made
any agreement by which I was to acquire
title to government land through others, no
matter what Congressman Mann or others
say."
t:
INDIGNATION AT BROWNSVILLE
Cltlsens rass Resolutions Condemning
AHea-ed Attempts to Fasten In
famy on Townspeople,
BROWNSVILLK. Tex.. March 21. At a
mass meeting of Brownsville citizens to
night resolutions were adopted expressing
Indignation because of what Is termed an
attempt both before the court-martial pro
ceedings at Fort Sam Houston and before
the senate committee at Washington to
"clear the negro soldiers of the Twenty
fifth regiment of the crime committed
against Brownsville on August 13 last by
fastening the Infamy on the townspeople
themselves."
The resolutions declare:
"Such a consummation would be a grave
miscarriage of Justice and an out rape upon
a wronged and Innocent people, who know
beyond the shadow of a doubt thut the
outrage was committed by the soldiers.
The senatorial committee and also the
Penrose court-martial Is urged to come to
Brownsville and make a thorough Investigation.
STONE FEARS THE JAPANESE
Mlssonrl Senator Thinks Islanders
Desire to Take Philippines
from t'nlted States.
KANSAS CITY, March 3 United States
Senator W. J. 8tone. in the course of a
speech here last night at the monthly din
ner of the Knife and Fork club, said:
"If we are ever to have serious trouble
with any nation It will be with Jupun.
Japan wants the Philippines. I am not
sure whether It would not be lt for all
concerned If It should get them, but one
FREEDOM FOR BURTON TODAY
Former Kansas Senator Will Com
plete Ills Jail Sentence This
Morning,
BT. LOUI8, March Former United
States 8enator Joseph R. Burton of Kansas,
who has been serving a sentence of six
nvnths' Imprisonment In the Iron, county
Jail at Ironton, Mo., will be released early
tomorrow morning. He was convicted of
having appeared before, the postoffloe de
partment in behalf of the Rlalto Grain and
Securities company of St. Louis while a
member of the United States senate and
having received compensation for so doing.
He stated today over the long dlBtanoe
telephone from the Ironton Jail that he
expected to come to St. Louis tomorrow.
stop a few hours and then proceed to Abi
lene, Kan., where he will make a pubilo
statement Saturday night.
NEBRASKA STOCKMAN DIES
BATTLESHIP PLANS WORTHLESS
Vol ted States Not Alarmed Over Re
ported Theft at Seattle
Shipyard.
WASHINGTON. March a. The theft of
the plans of the battleship Nebraska from
the desk of the superintendent of con
struction at the Moran Bros.' shipyards at
Seattle has not been reported to the navy I leading to the subway of the northwestern
E. H. Lemen of Gordon Falls Down
Steps la Wisconsin and
Is Killed.
KENOSHA. Wis.. March a. (Special
Telegram.) E. H. Lemen, a wealthy stock
dealer of Gordon, Neb., fell down the steps
(From a Staff Correspondent.) I
LINCOLN, March 21. (Special. ) ThA
house spent the afternoon discussing th'
senate anti-pass bill, and the proceeding '
would be properly termed horse play. A';
$ o'clock a recess was taken after th."
bill had been referred back to the rallroai.
committee. The fight started when Har
of York offered an amendment to the bll
defining employes, and in this detlnitloi
It provided that lawyers and physician:
who were eligible to receive passes should
be persons whose time Is principally takei
up with work for the railroads. After that
amendment, which the house adopted bll
the close vote of 38 to 38, a doien or rnori
were offered and voted down and vailoui'
Insinuations were made by one party ani
another as to why the bill has been so loni
delayed, and yet not a roll call was hati
and the sheep were not separated from tht'
goats, and the blame for the house's actloi!
could not be located. J
Bill Should Lone; Be Passed.
Speaking for this motion. Hart said sucls
a bill should have been pasaed forty dayi'
ago. The discussion of the matter hao
been delayed from day to day without goot '
reason, and there was no excuse why th '
matter should not be definitely settled at
today's session. His amendment also per-;
mltted the Interchange of passes betweer
bona fide employes of railroads. Thlesser ,
of Jefferson wanted to cut out the famlllet
of employes, while Hart said he was read
to vote for the senate bill as It was oi
with the .Hart amendment, though he be
lieved the employes of railroads should
not bo prohibited . from accepting trans
portation from other roads. He was aftei
cutting out the politicians, he said, and not
the railroad employes, v,
Marsh of Seward was for the house bill,,
and believed the house ought to stand by
that and let the senate take It, as It had
been endorsed by tho people generally. H '
did not favor the senate bill. Jentson
stirred up some of the members by lnsln-1
uatlng It was the politicians and those '
member who represent them and not the
railroads that had kept beck the antl-pase
bill from becoming a law. He wanted' a,
conference committee appointed and wanted -the
senate treated with due respect.
In the meantime, Cone had offered an'
amendment which placed under the senate '
title the house anti-pass bill and Jenlsnn
wanted this amendment defeated because;
he said It made the bill unconstitutional. 't
Harrison and Lahners both Indorsed what'i
Jenlsnn had said, while Speaker Nettletoni
urged the house to be careful and treat'
the senate fairly, because there were tnore
measures to be considered than the antl-!
pass bill, ana some of them were of vital '
Importance. Farley wanted both amend-
ments killed nnd Clarke wanted a confer-,',
ence committee appointed. The speaker In-',
formed the house this could not be done
at this time, and not until the house had:
amended the senate file and the senate
had refused to concur In the amendments. '
Hart Gets n Trifle Warm.
Hart then got a little warm because of.
the Jenlson speech, and he Informed the,
house he would not take off his hat to j
anyone regarding the passage of the ant!-!
pass bill, and he wnnted to know If any
member wanted to go home and face his!
constituents without having passed an antl-t
pass bill. ;
The Cone amendment was then lost by J
vote of 31 to 48. McMullen then moved I
to amend the Hart amendment and his '
amendment was accepted by Hart, to In- '
elude In the list of those who were ell- '
glble'to accept passes the widows and de- j,
pendent children of those employes who had
been killed In the service of the railroads, i
E3. W. Brown spoke for the senate bill '
and against the amendments proposed ,
And then Cone told what had been eat
ing on him all during the session. Ha
said, In crying over his lost amendment:
"I was born In grief, nursed In grief,
raised in grief and can stand grief as well
as sny one," and the house had to stand
for It because It was courtesy. Cone finally
wound up by saying If the house couldn't
stand for the senate bill It should kilt It
Hart Amendment Carries.
Quackenbush was against the amendment
Mike Lee moved that care takers of stock
and poultry be stricken out and Clarke as
sured the house Lee was not In earnest
and this amendment was killed. Farley
moved to strike out "and families" after
omployes. This was lost, and Jenlson
moved for the committee to rise, and this
failed. The Hart motion then carried by
a vote of 88 to 38. Parley got after Hart
and the latter moved to strike out the
word "principally." referring to the time
lawyers and doctors who get passes should 1
be employed by railroads, and Insert "ex- i
cluslvely." This failed because Cone ex- '
plained the house would be buying a gold j
brick if it adopted that amendment, as a ,
man being employed three days or less, ex-
cluslvely, could get a pass. Cone then j
moved to strike out "make It unlawful for '
one to receive a pass." This riled up Best, ,'
who. Instead of speaking to the motion, '
directed his remarks to Cone, and demanded '
department. The department does not lake
the renorted theft seriously. The stolen
booklet does not contain plans of mechan
ism which it is especially desired to keep
secret. Officials of the bureau of con
struction said today that practically every
thing In the booklet has heretofore been
made public
Until very recently the Information con
tained In booklets of this character has
not U-en closely guarded, It Is said, as It
thing is certain, and that Is that it will
acres of northern Lgypt, which, it is esti- i never get them with our consent. Hut we ; was of a character general to nearly all
mated, would yield an Increased cotton may have trouble in. keeping them. Japan i battleships of every country except as to
crop to the value of $17,500,000 to tJU.Ouo.uu.) ' would seise the archipelago in a week and j the measurements. Since the Russo-Jap-
annually. It la stated that the work will we could only send over a big enough ! anese war It has been tne practice not to
take six jreaia W frOibpWle (iii) will st I fleet to wipe Japan from the sea. That permit any part of the detailed plans of
J
Jjreuld be ft bugs su4 coU tank.
IbMtteeUoa U bo givea fcubUulty,
railway station here this morning.
His chest was crushed and he died three
hours later.
It Is supposed that Lemen fell asleep on
a seat and started down the steps while
asleep. He was 64 years of age and Is sur
vived by a widow and everal children. He
came here with a carload of horses.
Arbor Day In South IHtkota,
PlEiiRE, 8. !., March a. (Special Tel
egram.) Governor Crawford has et Fri
day, April 'X. as the date of Arbor day.
Charles N. Mcllvaine of Huron has been
apiiinled as secretary of the State Board
ct Agriculture and Immigration oouuiUa-
slouM, UU offiue will bo at Uunm,
to know what was the matter with him and )
j why he offered so many amendments and '
talked so much. Quackenbush moved the .'
committee arise, and because It was still
able to do something the motion carried. j
Hart moved not to concur In the report,
but to pass the bill up for third reading '
with his amendment, wt.fch had been t
adopted. Brown of Sherman moved as '
a substitute that it be Indefinitely post-
pimed. Dodge raised the danger signal
and asked the house to vote down both !
motions. Jenlson began to talk and Cone ?
moved to adjourn. His motion was lost.
Jenlson told the house It would have to
take the responsibility If It failed to enact j
an anti-pass law, but that he was ready i
to face his constituents on his record on J
the house bill. Hart and Quackenbush got y
together and both withdrew their motions. '
Cone Gets a Set Bark. ;
Farley moved a committee be appointed J
to prepdf aiueudiuouta to the bill and u
I;'