VOL. XXXVI-NO. 242.
OMAIIA, "WEDNESDAY MORNING, MARCH. 27, 1907-TWELVE PAGES.
SINGLE COPY THREE CENTS.
HALT IN THAW TRIAL
twcj CramiBion Will teterabs Mental
Etata af Wnito's Blajer.
MOVE A SURPRISE TO THE DEFENSE
Primer Bays He is Confllent He Will
froTe His Sanity.
JURY WHL BE EXCUSED INDEFINITELY
If Thaw ti TJeolared Insane Ha Will Be
Cent to Allium.
MEN WHO COMPOSE THE COMMISSION
f
It Constats of Former Jostle Morirs
J. O'Brien, Peter B. Olney, Former -District
Attorney, Dr.
Leopold Pot set.
NEW YORK. March . Harry K. Thaw
may never again fare the Jury empanelled
more than nine weeks ago to try him on
the charge of murder In the first degree.
Justice Fitzgerald today unexpectedly
ordered a commission In lunacy to Inquire
Into the present state of mind of Stanford
White's slayer. The decision of the three
disinterested men named to conduct the ln
Cjulry will guide the future action of the
court as to ordering Thaw to an asylum or
directing that the trial shall proceed.
Justice Fitzgerald announced the appoint
ment of the commission private In his
charmbers. Evelyn Nesblt Thaw was there
with the lawyers and It became her task
to break the news to her husband In the
Tombs. Tearful when she .ft the Judge's
rooms In the criminal courts building, the
young woman was smiling and oheerlul
when Thaw was brought to the hospital
ward of the prison to meet her. Thaw re
ceived the court's decision philosophically
and said he had, no doubt the commission
Would d lar him a sane man.
-Members of Commission.
The commission appointed by Justice Fltz
aTsrald consists of Morgan J. O'Brien, a
former justice of the appellate division of
the supreme court; Peter B. Olney, former
district attornt f of New York county and
a lawyer of high legal attainments, and Dr.
Leopold Putzel, a practicing physician and
' authority on mental disorders.
Former Justice O'Brien is one of the
trustees, with Qrover Cleveland, of the
Hyde stock In the Equitable Life Assurance
society purchased by Thomas F. Ryan, Just
prior to the insurance Investigation. When
be was a candidate for re-election to the
tench In 1901, as a democrat. Justice O'Brien
was unopposed. President Roosevelt made
a trip from Washington to Oyster Bay
to cast bis ballot for him.
Before' being elected district attorney for
, New . York county in 18SJ, Mr. Olney had
been a member, with W. C. Whitney, of ,
the laws of the state affecting publlq In
terests in New York. He Is a graduate of
Harva.'d. r ' ;'
.. Dr. Futsel la a graduate of BeUevue
hospital medical school and has had a long
xpurfonco In that Institution. He Is quali
fied before the state medical board as an
' examiner In lunacy.
Jnry Will Bo Kaenaed Indeftnltely.
The Thaw Jury was ordered on last Fri
day to report before Justice Fltsgerald to
morrow moi nlng at 10 o'clock. At that
hour there will be a brief court procedure,
the court adjourned Indefinitely. Whether
or not Thaw will be brought Into court
for this ceremony remain to be seen.
His presence will not ' be necessary. No
date has been Qxod for the first meeting
of the commission. There will probably bo
some definite announcement on this point
tomorrow, liowever, for the laws undor
Which the commissioner ' were appointed
directs that they proceed with their In
quiry forthwith. Justice Fltsgerald said It
would rest with the commission as to
whether or not Its hearings shall be public.
In the last case of this sort In this Juris
diction, the Inquiry Into the mental condi
tion of Josefina Terranova, who killed her
aunt and uncle, the commissioner's Inquiry
was secret. The girl was declared sane
and subsequently was acquitted by the
' Jury.
. The Thaw lunacy commission will be at
tended by District Attorney Jerome. v The
lawyers for the defendant will be present
and the commission may direct and compel
the attendance of any witnesses it may de
sire. It Is probable that Thaw will be asked
first of, all to submit to a rigid physical
examination. Having undergone several of
these since, his incarceration he is some
what nervous on this subject, but It was
aid tonight by his counsel that he would
do anything In his power to aid the com
mission In its work, and he -hoped for an
early opinion as to his sanity. Thaw'a law
yers and the defendant himself were down
cast when first made acquainted with Jus
tice Fitzgerald's decision, but all were man
ifestly pleased when the later announce
ment ae to the personnel of the commis
sion of Inquiry waa made. Mr. Delmas in
particular declared that Justice Fitzgerald
could hardly have selected a more generally
satisfactory commission, on whoa decis
ion could command more respeot District
Attorney Jerome seemed pleased with his
efforts. Joalah and Edward Thaw, Thaw's
brothers, and his wife, war telephoned to
Vy the attorneys and quickly- appeared at
the court house.
J ad- Reads Bis Opinion,
la announcing hi decision today to ap
point a commission Justice Fitzgerald seed
a written memorandum. H based) his
opinion on the con diet of affidavits from the
opposing sides, saying they wre too dia
metrically at odd to permit a decision
other than In favor of an Impartial Inquiry.
After citing the suggestion mad In court
by District Attorney Jerome and the vari
ous affidavits presented on both sides.
Justice Fltzgerald'a memorandum reads:
I do, therefore, la pursuance of the stat
ute In such cases made and provided,
hereby appoint Hon. Morgan J. Obnen.
H-jn. Peter B. Olney and Leopold PutaeL
yS. D.. three dlainloreaied persona, a oorn
nilseton forthwith to examine into the
Iiwnlnl condition of said Harry K. Thaw
and to report to the court with all conven
ient speed th facts and their opinions as
to whether at the time of such uuniiuii..
the satd Harry K- Thaw was In seen a
siat w Miiocr, uiiiiwuiiir, lunacy or In
sanity so as to be lnoarabl of rlvhtlv
dwstaoding hi own ouodition, the nature
si ens oiiargse eniusi Dim ana Of con
ducting Li dWense la a rational meaner
T km w's Attorney Mapvlatd.
( A Mean, Hartrldg. 0Ue01y. Pea.
' body, Min Oloaoon and MoPlk. the
sis Thaw attorneys, left tn Judge' cham
bers on of them was heard to remark;
"It could not be wore
Later, however, the attorneys seemed to
take a brighter view.
Mr. Hartrtdg said: W did not expect
a decision of any sort today, much leas the
e that wa rendered. We had hoped the
SUMMARY OF THE BEE
Wednesdny, March 87, lOOT.
1007
aus moo
MARCH
TV! WIO TNW
1007
mi sat
C 5 I.
3 4 5 6 7 8
10 II 12 13 14 ir
17 18 19 20 21 2 N
Kt 25 26 27 28 29 30
THS WIATXH.
FORECAST FOR N KB HAS K A Rain or
snow and much colder Wednesday. Thurs
day fair and warmer In northwest portion.
FORKCAHT FOR IOWA rhowere and
colder Wednesday. Thursday fair In west,
rsln or snow and colder In east portion.
Temperature at Omaha yesterday:
Hour. Dc-g. Hour. Deg.
6 a. m 67 1 p. m M
a. m 8 2 p. m M
7 a. m M I p. tn M
8 a. m fiS 4 p. m 85
a. m 71 6 p. m H3
10 a. m 78 t p. m fcl
11 a. m NO 7 p. m 78
12 m..., 83 8 p. m 1
S p. m 62
XX QXSXaATTYX.
In the house at Lincoln the conference
report on the terminal tax bill i ras
adopted, despite efforts of Cone, the fusion
leader. The house amended and passed
the senate's anti-pass bill. In the senate
the Lee bill for the annexation of Omalia
and South Omaha was passed, and the
bill for a state-wide primary was restored
to the draft of the Joint committee and
passed by the senate. The house sifting
committee has been ordered to report no
more house bills. Page 1
House sifting committee ordered to re
port no more house bills and all house
bills unacted on are dead. Page B
KIBKASKA.
Motion to quash charge of murder
against Ernest S. Kennison for killing of
Bum D. Cox is overruled at Scott's Fluff.
Defendant then pleads guilty and motion
for change of venue is argued. Page 3
Following testimony of three physicians
that Frank Brink, charged with murder
of Bessie Newton, Is insane, trial at Ponca
comes to abrupt ending with verdict of
not guilty. Page 3
Fire starting In Burlington oil bouse at
McCook and driven by furious gale de
stroys $20,000 worth of property. Heroio
work saves city. Page S
Governor Sheldon has not yet namnd
a successor to Lee Spratlen, a member of
Omaha Fire and Police board. Two others
have resigned and he Is hoping the other
will follow suit, so he can name an entire
new board. Pftgs 1
DOMESTIC.
Justice Fitzgerald appoints a lunacy
commission to determine the mental con
dition of Harry K. Thaw and Jury will D
excused Indefinitely. Page 1
. Railroad conductors and trainmen from
western roads Inform general manage)
of determination of men not to modify
demands for more pay. Conference ad-
J(,UM1( wltnmJt lny BCtlon an(, another
meeting will be held today. - Pag 1
Oang of thieves said to hav stolen
large amount of high grade .mineral In
Cripple Creek, and, shipped it to Ornatu
fur sale. , Pag 1
Fire In the big Homeatake mine at Leal
causes a shutdown of all operation!!.
Men All out of the mln except foroe en
gaged fighting the flames. . ' Pag X
I Now Xrk stock market rise one to six
points on buying by bears, who are forced
to bid up jprlces to cover short contracts.
t Pags X
POBBXOir.
Pesldent Bonilla orders surrender of
Honduran capital from Amalpa.. Pag X
French of all political parties support
government in Its plans in Morocco.
Pags 4
Russian Duma will enact law to abolish
courts-martial. Pag X
X.OCAX
One thousand dollarsrs stolen from The
safe of the Metropolitan Life Insurance
oompany in the New York Life building and the money market seemed to be re
bet ween Monday evening and Tuesday I Heved from the urgent pressure of prepara-
mornlng and no clue to- th burglars has
been obtained. Pag T
Lumberman In close relation with the
Union Pacific says that company will
erect Its general headquarter building In
Omaha aa per plans on time. Page 5
General Manager Holdrege of tike Bur
lington says there will be settlers for all
Irrigated land In the west; that tbey are
pouring Into the country In unprecedented
number. He also says Nebraska farm
er never had more encouraging prospeots.
Page T
Government official says the criminal
land fraud prosecutions In Colorado and
Wyoming will far outstrip the recent land
cases In Nebraska and shock the country
with the personnel of the defendants.
Pag 5
BPOBTS.
Buck Franrks, new captain and shott
stop for Omaha, gets In from California
after nine days' wading through floods
and says Omaha will have a winning team
this year. Page 4
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BONILLA ORDERS SURRENDER
President of Hondnrsv from Amapala
Tell Tearoelgalp to Admit
Nlenrmsroan Army.
: MANAGUA, Nicaragua, March 18. It 1
stated on the highest authority her that
President Bonilla of Honduras, after his
retreat to Amapala following the defeat of
th Honduran-Salvadorean forces at Cholu
teoa by th Ntcaraguan army, ordered from
Amapala th surrender of Tegucigalpa,
capitol of Honduras, to th victorious
troop. Th city la now In th possession
of th Honduran-Nlcaraguan government
Junta. ,
PARIS, March 28. The Ntcaraguan
legation today received th following dis
patch from th Nlcaraguan foreign minis
ter: Tegucigalpa has surrendered and has
been occupied by our troop. President
Bonilla fled to Amapala."
WASHINGTON, March 2S.-Mr. Creel, the
Mexican ambassador, today bad a confer
ence with Assistant Secretary Bacon con
cerning the situation In Central America.
Neither Mr. Creel nor Mr. Root 1 of th
opinion that the time has arrived when
the United State and Mexico can again
make a tender of their good office for the
arbitration of the dispute which have
provoked the war, but It is confidently be
lieved that the two republics will find soma
Boaan of nihxg th atruggt within a abort
STOCK MARKET IS HIGHER
Ocr" Serena! of Sentiment Marki
4 of Tradinr in Wall Street.
Vs FORCED TO COVER CONTRACTS
Begin Baying; oo Annonnce-
Meat of Relief from GoTernment
ai4 Prices Advance
Rapidly.
NEW YORK, March . A complete re
versal of sentiment from the depression of
yesterday marked today's trading In the
stock market. Although London prices
were lower this morning, the New York
exchange soon after the opening showed
a much stronger tone than for some time
past, and quotations were advanced sharply
on heavy buying. The bears began to re
treat on rumors that further government
assistance for the money market was Im
minent, and when the formal announce
ment came from Washington that such as
sistance was to be given, the shorts be
gan to cover up their outstanding contracts.
At the same time there was a renewal of
purchases for Investment. The result was
an upward turn to prices that was almost
as sensational aa was the sharp decline
of yesterday. The trading was wild and
excited aa the bears Bought to cover and
before noon stocks were selling at from
1 to points higher than the low point of
the earlier trading.
Accompanying the upward movement was
an Industriously circulated rumor that an
enormous pool had been formed by the
greatest banking houses In Wall street to
support prices. This report, which lacked
confirmation, and which was rather depre
cated by conservative brokerage firms, ma da
It appear that KO.OOO.OOO had been sub
scribed by bankers to buy stocks with the
object of putting a stop to the recent pre
cipitate declines. Nothing whatever de
veloped to give substance to this story, but
it was not without effect on the trading,
except for an occasional recession due to
rroflt taking, the strong tone continuing
to the close and the final prices throughout
the list were at substantial advances from
yesterday's closing quotations.
Opening Is Excited.
Wild exclterrient and extreme confusion
prevailed In the stock market again today.
The action of the market showed the con
flicting emotions of operator as to con
sequences to follow the fall in prices yes
terday and the nervous apprehension of the
bears lest they had overdone the reckless
selling. The fight of the bear overbore
the current of the market In the course of
the first hour.
Then tome further wld breaks to far
below yesterday's lowest prices were con
fusedly mixed with violent advances.
Different stocks In the same group moved
widely in contrary directions at first. When
the upward tendency ' clearly developed
fluctuations were wide and feverish, varia
tions between Bale running to large frac
tions er full figures, both upwards and
backwards. This showed the difficulty of
discerning the prevailing quotations and of
executing orders. . . .
The copper stocks were most conspicuous
amongst the first ''downward plunges.
Amalgamated Copper and Anaconda
slumped 6 to 54 and American Smelting 4
points; the last named, however, not get
ting back to yesterday's low point.
Cause of Copper Stoma.
The further break In the coppers was
directly traceable to the further slump In
the price of copper warrants in London,
The uneasiness Of the bears was height
ened by the continued cheerfulness of the
advices today from abroad. Confidence was
professed that the London stock market
settlement would be concluded without se
rious casualties, although additional small
failures were reported . from there today.
In Berlin also It was reported that Invest
ment buying at the declines had come to
offer a supporting factor to the market
tlons there for the April money settle
ments.
According to board room gossip, the buy
ing of stocks in the session was the most
substantial in many weeks. Support was
most conspicuous tn St. Paul, Pennsylvania,
Union Pacific, Southern Pacific, Atchison
and the copper stocks. In fact, there was
a . good demand for all the high grade
Issues.
London bought and sold In the early
trading, but operations for that account
were so confusing as to make the net re
sults a matter of doubt
Reports were current tn the financial dis
trict before th market opened that meas
ure had been agreed upon In concert
amongst great banker and controlling In
terests In corporations to support the
values In th market of properties in which
they were interested. One firm whose
name was mentioned In connection with
the rumor characterized It a absurd.
Th further demand for stocks by th
uncovered bears was less excited, but price
recovered above the early level. Additions
reached a point or more In many cases.
Union Pacino. touched la and American
Smelting roe . point over last night
From these high level prices slipped back
on a movement to take profit at th low
levels by fortunate buyer.
On Forelajn Market.
LONDON, March 28. Trading on th
stock axchang today, opened with prices
annalUv. The renewed weakness was
largely attributed to yesterday's decline In
New York. .
There was no buying power her and con
sequently very little business. ,
Americans opened above p&rtty, but soon
became very weak on offers to hlL Later
Americana became firmer and by I JO p. m.
were generally about one point above th
lowest quotations of th day.
In the course of th afternon the general
ton of th market hardened though con
siderable liquidation of accounts caused
much Irregularity. The quotation of
Americans further declined and the drop
tn the price of the metal caused another
weakening In copper stocks.
BERLIN, March J. On th Bourse to
day ths general tendency was quiet Do
mestlo shares Improved. Americans de
clined on New York advices, but recovered
later.
TRAINMEN UNDER ARREST
Condaetor and Engineer of Santa F
O-rorland Are Chnrared with
LOS ANGELES, March 16. Charged with
manslaughter. Engineer Kelly and Conduc
tor Humble of the Santa Fe, who were la
charge of th Overland which collided with
the students' excursion train on the bridge
spanning the Los Angeles river Saturday
nlht causing the death of five persons,
hav bean arrested. Th court flael th
AJiau at t,aw roc e,ca tnatk
DEADLOCK
ON WAGE SCALE
Tralamen
and General Managers
Have Fruitless Conference
la Chlenajo.
CHICAGO, March 26. No progress was
made today toward reaching a settlement
of the controversy between the western
railroad and their employes who voted
to strike unless certain demands were com
piled with by the general mansgers. A
committee representing the men met the
general managers today and submitted the
result of the vote.
While nothing official was given out, it
was stated by those in authority that no
definite basis for a settlement was reached
at the meeting. Another conference has
been arranged for tomorrow.
While both opposing interests on the
surface appear to be determined not to
concede anything, it Is the general belief
that the trouble will be settled without a
strike.
For several weeks the men belonging to
the two lorganlzatlona hav been voting
on the question of striking If their de
mands are not granted, and, although the
vote was not announced today prior to the
commencement of the conference, it la un
derstood to be overwhelmingly In favor of
a strike If that step should become neces
sary. The general managers informed the men
that they are prepared to grant a 10 per
cent Increase, but say they cannot grant
a nine-hour day. Before the conference
commenced today both sides expressed a
rosy view of what would appear to an
outsider a a blue situation. The men In
sisted that there would be no strike, be
cause the general managers would concede
their demands. The general managers said
there would be no strike, because the men
would abate their demands and accept the
offer of the railroads. Both sides expressed
determination not to give way in any par
ticular. It is expected the conference will
last for several days and a definite out
come is not looked for until the end of the
week.
FORAKER W0ULDBE PRESIDENT
Senior Senator Not Sendy to Concede
Ohio Delegation to Secre
tary Taft.
WASHINGTON, March 28. That Senator
Foraker does not concede that Secretary
Taft will be Ohio's choice for the presi
dential nomination next year Is mode plain
by a statement Issued by the senator to
night. Senator Foraker says that he "does
not want any political honors from the
people of Ohio without their hearty ap
proval," and he suggests that the proper
way to determine who Is the choice of the
people to head the republican national ticket
and to represent the state In the United
States senate Is for the republican state
executive committee to authorise a pri
mary election to choose delegates to the
state convention, which will b sailed upon
to determine these questions. '
The announcement of State Superintendent-
of Insurance Arthur I. Vorys that he
will support Secretary Taft for the presi
dential nomination led Senator Foraker,
it Is believed, to issue the statement out
lining his position. The senator' declares
he is willing to go before the people on his
record and that he has "nothing to con
ceal from hi constituents. Mr. Foraker
does not 'say that he will be a candidate
to succeed President Roosevelt, but it fs
generally understood among his friends In
Washington that at a later date he will
formally announce his candidacy and that
if the primary election Is called In Ohio he
will enter the fight to secure the endorse
ment of his own state.
DUMA AGAINST MARTIAL LAW
Premier Stolypln Says Action
Taken I'nder Relam of
Terror.
Was
ST. PETERSBURG, March 2.-A the
clore of today's debate the lower house of
Parliament this afternoon adopted the pre
liminary constitutional resolution providing
for the abolition of drumhead courts
martial and instructing the committee to
draw up and present a bill to this effect
with as little delsy as possible. The vote
was almost unanimous, only twenty-two
extreme reactionists voting In the nega-
! five. After the vote had been taken Premier
Stolypln, who had Juat had an hour and a
half conference with Bmparor Nicholas,
announced the government's position, slat
ing that so long as "the bloody miasma Of
terrorism overshadowed the land," it did
not ' feel Justified in withdrawing entirely
such unfortunate repressive measures, but
that orders had been given that drumhead
courts-martial be hereafter employed only
In cases of extreme and vital necessity.
The government expected the lower house
to do Its port In bringing about the tran
qulllzatlon of the country, which would
enable the ministers to dispense entirely
with such a procedure. The members of
the house gave the premier a courteous
and attentive hearing. During the debate
members of the secret police arrested a
man In the members' lobby on suspicion
that he was connected with an attempt
upon the life of the premier, but the pris
oner was Identified a a newspaper car
toonist MAGNATES AT WHITE HOUSE
Edward R. Bacon and Edward J. Ber
wlnd Hav Two Honrs' Confer
ties with President.
WASHINGTON, D. C March r.-Edward
R. Bacon of New York, vice president of
the Baltimore A Southwestern railroad, and
Edward J. Berwlnd of New York, presi
dent of the Berwlnd-Whlte Coal Mining
company and director in a number of
banks and railroads, came to Washington
tonight and were In conference with Presi
dent Roosevelt for more than two hours.
While neither would discuss their Inter
view, It Is believed the interview related
to the railroad and financial situation. Mr.
Berwlnd figured quite prominently In the
Pennsylvania railroad Investigation con
ducted last fall by the Interstate Commerce
commission.
HIGHER WAGES AT NAVY YARD
Department Approve Readjnstmonl
of Pay Recommended by l(a
Island Board.
WASHINGTON, March 18. The Navy
department has approved the readjustment
of wage of th employe at th League
Island navy yard, Philadelphia, recom
mended by the local navy board.
The result I a general increase In the
wages of wharf keepers, metal workers,
pile drivers, shjp keepers, steam fitters.
' sheet metal workers, plasterers, all around
machinists, ordnaV men, tool makers,
mill men. nUgers,Woi makers and haln-
I era (rhraeraW 1 1
i i
NEW POLICE BOARD WANTED
GoTtraor Has flamed Bo One ai Yet te
Succeed Lee Spratlen.
RESIGNATIONS OF TWO OTHERS ARE IN
Has Been Hoping; the Third One
Would Follow Salt and Permit
II 1m to Name an Entire
New Board.
(From a Staff Correspondent.)
LINCOLN, Neb., March 28. (Special Tele
gram.) Governor Sheldon did not make the
expected appointment today of a police com
mission for Omaha to succeed Commissioner
Spratlen, whose term baa expired. Said the
governor tonight, "I believe an entire new
board should be appointed. I have had
for some time the resignations of two of
the police commissioners, subject to ac
ceptance at pleasure, and I am deferring
the appointment In the hope that the
fourth member also will retire voluntarily
and enable me to reconstruct the whole
board at ence."
A. H. Mutton was nominated for mayor
over H. M. Buahnell by a majority of 800
at the republican city primaries held to
day. The fight was so close on some of
fices that it will require a second primary
to decide, as In three Instances no one re
ceived the required majority of all the
votes cast. Hutton was the nominee of
the republicans two years ago and was
defeated by F. W. Brown, a democrat. . B.
C. Fox was named for city treasurer with
out opposition and Thomas H. Pratt, was
renominated for city clerk. John 8. Bishop
and John M. Stewart were hljh men for
city attorney, but neither received a ma
jority and this office will have to go to a
second primary. William Grant wa named
for city engineer and James Tyler for
water commissioner over J. M. Deflten-
baugh, the present incumbent.
The fight for excisemen was between the
strict regulation and the liberal elements.
J. C. Harpham, one of the candldntea for
tjhe strict regulation element, was nomi
nated, while second place will be decided
at the aeoond primary. It He between
U. O. Powell and J. W. Wolfe, the can
didate of the liberal element.
Although there were hard fights on for
several' offices only about 40 per cent of the
vote was cost.
FORMER NEBRASKANS IN FIGHT
Farmer Is Knife and Blodsreon,
Inflicting; Serlon In
Jnrle.
BONESTEEL. 8. D- March 18. (Spe
cial.) A stabbing affray occurred at
Starcher, twelve miles north of her, n
the Missouri river, Sunday night, In whi ,h
Charles Meyers was nearly stabbed to
death. - It appears that Meyera wa visit
ing a neighbor, when J.- E. Wilson, an
other neighbor with whom Meyers previ
ously had had trouble over the settlement
of an account, came up in order to d
Some telephoning, and, seeing Meyers in
th house, eat down In au rocking chair
on the porch to wait until Meyers hud
finished. As Meyers came out - of the
house Wilson spoke to him and asked hint
to pay the bill which he owed, when Mey
ers, according to Wilson's statement. Im
mediately assaulted him with a bras
knuckle or some Iron Instrument, knock
ing him oft the chair and repeatedly striking-
him. He then, In fear of his life,
pulled out his pocket knife and, whlla
lying on the fiat of his back, cut Meyers
across the leg, about six Inches above the
knee, severing the main artery. Meyers
bled severely before a doctor could be
procured and Is at this writing still un
able to speak. Grave fears are had for
his recovery. Wilson wa Immediately
arrested and Is now In the county Jail
awaiting trial. He has two very bad cuts
on the head and one eye is nearly blinded.
The physician who dressed Wilson's
wounds this morning stated that the skull
was fractured and that the wound was a
dangerous one. Meyers will be arrested
as soon as he Is able to be moved.
Meyera came her two years ago from
Pender, Neb., and Wilson came here four
yeara ago from Genoa, Neb.
FIERCE FIGHT WITH NEGROES
Society of Fanatic nt Hankogee
Attack Federal Officials and
Three Ar Killed.
MUSKOGEE, I. T., March 26. As th re
sult of a battle between federal authorities
and members of th "United Socialists"
club, a society of negro fanatics bearing
commissions from a Cincinnati OJtectlve
association, this afternoon, a deputy mar
shal, John Cofleld, was seriously shot; Guy
Fischer, white, was wounded; three . ne
groes were killed and two more severely
wounded. Cofleld waa shot while serving
a writ of ejectment on the member of th
society who had taken possession of a
house, refusing to pay rent or move, de
claring that their authority waa higher
than that of th United Btatea, Th entire
city and marshal's fore waa called out
and attacked th house In which the ne
groes were barricaded, killing tiiree. There
Is no fear of a race riot The other negroes
uphold the officer' action.
Samuel Barker. Elbert Barker and a man
named Scott were the negroes killed. Six
member of th organisation. Including
their leader, William Wright, a preacher,
are tn Jail tonight
During the trouble fifty ehote were fired.
Officer Cofleld' writ of ejectment waa to
hav been nerved on Samuel Barker, who
had rented the bouse.
Tonight nearly every whit man In the
city I armed In anticipation of further
rioting. At this hour all 1 quiet and be
cause of the fact that this particular band
of negroes is disliked by the other of their
race, more trouble Is not looked for.
The T'nlted Socialists lived apart from the
other negroes and were known a "money
finders," because It was their custom to
travel about at night and hunt for burled
money. .
SANDSTORM IN COLORADO
Bnslnesa Practically Snspended In
Colorado Sprinoss and Pneblo
for Short Tim.
COLORADO SPRINGS. March S8.-A
terrific sandstorm raged In Colorado Spring
and vicinity today and business In th
downtown districts was practically sus
pended. Many telephone poles were blown
down and plate glass windows were broken.
The wind blew with a velocity of seventy
two miles an hour.
PUEBLO. Colo., March M. A terrific
windstorm, reaching the proportions of a
gale, prevailed here today. Street traffic
waa badly crippled and telephoo and tele
graph wore l&terrufitad.
FIRE IN HOMESTAKE MINE
Men All Oat of the Shnft Except the
Force Engaged la Fighting;
the Flames,
LEAD. 8. D., March K. (Special Tele
gramsYesterday a fire was sUuted In
the stables of the Homeslake Mining com-,
pany between the five ami six hundred foot
levels by the burning fuse from an ex
ploded blast. The ilamea gained so much
headway that it was impossible to reach
them and the smoke and gases made liv
ing an impossibility underground.
The plucky miners worked all night In
relief shirts trying to get to the sat of
the trouble. Pipes were laid, men were
sent down, with another shift directly fol
lowing them In case of accident. That
whole force of Homeatake doctors labored
on the ones who were taken sick below
and brought up by their companions lluvp
and week from breathing the heavy odors
and vile gases. Dr Freeman and his corps
of nurses and doctors worked steadily all
through the early morning hours, and at
tention was not lacking to any of the
brave boys who went down below to fight
the fire.
Th exact amount of damage Is not
known. Conflicting reports have been
started. Last night nine valuable horses
were said to have perished, but this morn
ing It waa announced that all stock had
been taken out another way from below.
The fire is still blazing In the slope and
has caught in the six hundred foot timber
slope. Water pipes have been cut and the
fire has communicated to the old bulk head.
Timekeeper Irwin donned a diver's oxygen
helmet and went Into the mine. He found
four men stupefied and a relief shift
brought them to the surface. One hundred
and fifty worklngmen were brought out
last night by companions who are trying
to board up the entrances. Superintendent
Grler is on the ground In person and a big
crowd is anxiously awaiting news from
below.
This evening timber Is only sent below
to the main shaft for boarding up pas
sages to keep the gases out.
The situation Is serious. The city hose
Is In commission and neighboring hydrants
are all turned loose Into a large open cut
Two doctors are stationed at the shaft en
trance for the night by the superintendent.
The patients of this morning ere doing
fine. The fire Is expected to cause a shut
down for the miners, but the mills are all
going. .
ATTORNEYSHIP STILL VACANT
Benjamin M. Ansherman Prefer Pri
vate Practice to Government
Appointment.
(From a Staff Correspondent.)
WASHINGTON, March a6.-(SpecUl Tele
gram.) Benjamin M. Ausherman, recently
appointed by the president and confirmed
by the senate as United States attorney
for the district of Wyoming, has declined
that office. Mr. Ausherman . has a good
private practice. The Department of Jus
tice officials took the view that he should
give up this practice If he took up the
duties of district attorney, but this Mr
Ausherman would not connent to 49, with
the result that some one else will be given
the position. There was a long fight over
this office before Ausherman wa named.
Senator Warren consented to the naming of
Ausherman only after the president had
refused to give another term to Timothy F.
Burke, who la still holding the office. The
Interior department violently opposed
Burke,, charging he had neglected prosecu
tions and Investigations In connection with
publUV lands. Senator Warren denounced
these charges aa false, but was not able
to get th president to stand by his man
The following rural free delivery carriers
have been appointed: Nebraska Benson,
route 2, Charles G. Petersen, carrier; Olga
Petersen, substitute. Madison, route 8.
Ernest A. Arnett carrier; Beth J, Arnett
substitute. Iowa Coon Rapids, route 1.
Talmage T. Browning, carrier; James Gil
bert substitute. Hudson, route 2, Richard
C. Moftett carrier; Frank A. Strayer, sub
stitute. Indlanola, route 8, John W. Fear,
Carrier; Pearl A. Fear, substitute. South
Dakota Bruce, route 2, Chris J. Bora tad
carrier; Lyman C. Borstad, substitute.
L. W. Hamdon has been appointed post
master at Arlington. Carbon county, Wyom
ing, vice Sarah A. Morris, resigned.
Postofflces at Arbor Hill, Adair county;
Cottage Hill, Dubuque county; Davis Cor
ners and Lourdea, Howard county, Iowa,
have been ordered discontinued.
Civil service examination will be held
April 24 at Omaha for a mesenger boy
In the weather bureau at Omaha.
VALUABLE ORE IS STOLEN
Said to Hav Been Shipped
to Omaha to Be Die
posed Of.
DENVER, March 26. (Special Telegram.)
Through the operations of an organized
gang of "high graders," whose headquar
ters and chief looters, It is claimed, are in
Omaha, $10,000 worth of ore haa been atolen
within the last two months- from th two
largest mines In the Cripple Creek district
The stolen gold la believed to be aecreted
both In Omaha and Denver. This city Is
swarming with detectives of the Mine Own
ers' association, who are making a deter
mined effort to recover the missing prop
erty and prosecute those guilty.
The mines which are the heaviest losers
are the Work and C. K. A N. The former
lost $20,000 during the lost week. Detectives
claim a former employe of the Work con
fessed taking ore, selling It for $4,609 and
that he furnished the name of confederates
who fared better In their thefts.
"High graders" no longer dispose of ore
In Cripple Creek, but ship to Denver and
Omaha, In the latter city, according to
the mine owners, the leaders of th gang
dispose of it on commission.
ARBITRATION AT ST. PAUL
Legislator Hear of Proposition to
Redne Railway Rate and
Stop Lnwenlt.
ST. PAUL. March 28. Full term of th
proposed arbitration between th railroads
and the state passenger and freight rate
war were made publlo today In the debate
In the legislature over th Joint resolution
authorising a conference committee to pro
pose a plan of arbitration to the governor,
attorney general and representatives of the
railroad.
The arbitration plsn embraces adoption
of 2Vi-eent mile passenger rate, a 2.000 in
terchangeable mileage book and a 600-mlle
family mileage book, both redeemable In
cash at t cents a mile any time. In regard
to commodity freight rates, the railroads
are to agree to accept a reduction of an
equivalent of two-thirds of the reduction
ordered by the state railroad and ware
bouse commission. In return the state Is
to dismiss all suits now pending looking
toward enforcement of th railroad com
mission rates.
TERMINAL TAX GOES
Hotss Adopts Conference Teport and Sends
Bill to QoYernor.
CCNE riCHTS MEASURE TO VERY END
Bailroad Strength Wanes When Fiial Vet
C oaiei on the Report,
LEE ANNEXATION Bill IS PASSED
enmnsnnmsam
Esnate Adopt th Eonis Soil and it Kow
Awaiti lent tare.
BUSY DAY SPENT IN BOTH BRANCHES
Many Importnnt Measure Beat
rh rough to Final Stage of Legis
lature Which le Working
I'nder Press n re.
(From a Staff Correspondent.)
LINCOLN, March 26. (Special. )-Th
house today concurred In the conference
committee amendments to the terminal tax
atlon bill; defeated an attempt by Mo
Mullen of Gage to recall the direct primary
bill In order to amend It and recommended
for passage the King anti-pass bill aa
amended by the railroad committee. Th '
senate In committee of the whole recom
mended for passage the direct primary bill
after amending It; passed the Lee bill sub
mitting the question of consolidation of
Omaha and South Omaha to a vote, hla
measure providing for a county comptroller,
and the child labor bill, and killed th
Thomas bill lowering Pullman rates.
The last stand of the railroads against th
terminal tax bill was made this morning.
and like the first stand. It wa unsuccess
ful. The last kick came over the motion
to adopt the amendments to the bill re
ported by the conference committee, but
by a vote of 58 to 26 the house adopted
the reported amendments and th bill will
shortly be ready for the signature of th
governor, which Is alresdy assured. On
the final vote the friends of the measure
mustered two more than they secured th
other day, while the enemies of the bill
secured fifteen votes less than when the bllt
was passed. '
Con Falthfnl to ths Last.
Cone of Saunders, the fusion leader, mad
the last fight for the railroads. As soon aa
Clark had moved to concur In the senate
amendments. Cone moved a a substitute
that the bill be amended so that all rail
road property not located on th right-of-way
of the railroads In towns and cttlea
be distributed for county and school dis
trict ' assessment purpose. Con followed
up his motion with a long harangue about
wanting to be fair and honeat and about
not wanting to kill the bill.
Clarke of Douglas explained that th
amendment of Cone would either ruin th
terminal bill, or . It would do nothing. It
should have been an amendment he said,
to th revenue law. Inasmuch as the ter
minal bill said nothing of th assessment
of property for other than city purposes.
"If you want to kill th bill, vote for th
amendment of th gentleman of Saunders,
If you want to pass th bill, vote down hi
amendment" '
Harrison of Otoe, while arguing for th
house to concur In the committee amend
ments, took occasion to tell a few truths
regarding Cone's tactics during the session.
and the great amount of the peoplo'a ,
money he had spent by talking so much,
when his only object could be delay and
the defeat of the republican platform f
pledges. Thtessen said he had studied th
bill very carefully and If the amendment
of Cone carried he saw no reason why the
wholesale houses of Omaha should not b
assessed and the assessment distributed
over the state, becaus th state contribute
to th support of the wholesale house.
Springer of Scott' Bluff talked for .the
Cone motion, while Hagemelster talked
against It. Farley of Hamilton saw no
reason for any argurrfent on the question,
as the terminal tax bill had been discussed
throughout the session. He was against th
Cone motion and for the committee amend
ments. He said he did not care how much
Omaha would be benefited under the bill.
f th bill was right and It benefited Omaha,
then It should be passed. He decried th
tendency to oppose measures because they
benefited Omaha. He Is glad Nebraska haa
an Omaha, ha said, and Is pround of th
city. As Omaha grows, he said, real estate
out In the state Increases In value and It la
to the Interest of every one In th state to
keep Omaha growing,
e Vote on Cone Mensnre.
Th Cone motion was defeated by th
following vote:
Ayes
Bskcr,
Bern.
Bolon.
Brown (Bhmni,
Brnm,
Con:
Cu id let,
Dunasn,
Prase.
Orms.
Orl.
Hiniar,
Nays
Alamos, I
BirnM.
Bkrratt.
Bt,
fcir-toaa,
brown, B. w
Brown, B. P. i
Bueklar,
CUrfc-,
Cwtia
Doris,
Dorn,
tllr. '73-
rHr. , ;
mr, ' .
Punk.
GIlruB,
Hnry,
Hill,
Kuhl,
Logsdon.
MuCullough,
Mt'Mull-n,
Mckr.
Mart-It.
VMMV,
PUsr.
Cjuckntmnn,
Mdmon4,
Orara.
H-inistr,
Htnnan,
HarrUos.
Hnrt,
' Hftrr?,
HffrnA, '
J niton,
JohntoS,
Jon.
Kirr,
Know!,
Lhntn,
La.wr,
U.
Uu.
Mama.
Rank.!,
enydar.
Spring,
8ialdr,
etinanr,
Vnn Houaa,
VopnUnnkf,
Wma,
Wllaoa,
Wanking (4.
Mttltfn.
Nad.
Koran,
Kapar,
hajcha.
Ronrar,
anundat,
arnddar,
Bbubart,
Bmlttl, .
Stola,
Talbot.
ThUaaas.
Turkar.
Walan.
'WhM.
Whiiham.
Mr. tpankar as.
Qll.m
Maatcrs.
Abxent and Not Voting
Sdama, Howard, Rlckardann,
Balrd. How, rhotr, I
rnrlln. Klllan. V, hltuj It, .
rutchar, Murshr, ;
The vote on the bill as amended by th r
conference committee waa aa follows: j
Aye
IAIdaraon, HasmlUr, Ranr,
Armstrong, Hanan, Bakaa,
Barn, Haniaon, rlohrer,
Barrett, - Hart. SaaBdcra,
Baat. Hanry, Scuddar,
Blrrtou. HaSaruAQ, Shubrt,
Brown, K. W., Janlnon, Smith.
Brown, B. 1., Juhnaoa, Spring,
lucklr, Jona. Slaldr,
Hrram, Kallar. Si oil.
Clarka, Know lea. Talbot.
Iiavla, la Lhnem, Tblaaoaa,
Iodg, ' - ' Ladr, Tckr,
TKran, V. Walnn,
Cllar. ' LJn. W'mn,
Parlor, 117" Marah. Whit.
Prtaa, Maautrm. Whit bam.
Punk. aft, Mr. iyaasw I
Ollara, Koya.
Orn, Quackanbuah,
Nays
Baa. Hill. KadneeA;
Bolu. Kuhl, Rankal.
Brown (Bhmnl, Mr-t'ullousa, Snydar.
Culdlon. McMallau, Stlnur.
Puartn, M,-kar, Vooalaoaty,
P ratio, Marlatt, Wllaoa.
Oralg. Maugar. Wortblns M.
Hauar, Mllllgna,
liaitlr. Pllgar.
Absent and Not Voting
Adama, Oilman, Murphy,
Balr4, Ornlt. Blrhardaon,
Bakar. Hoar4, Schoattawr.
''arlln. How. Van HouaM,
Ctoo. Klllan. Wkltnar 11.
yivtchar, Logadon,
sicMulloa sprang; another akvprla tU
i
c
w.
