Omaha Daily Bee
VOLu XXXVI-NO. 250.
OMA1LA, FRIDAY MORNING, ATItlL 5, 1907--TWELVE PAGES.
SINGLE COPY TIIREE CENTS.
The
STRIKE IS AVERTED
Trail Berrioe Men an Railroad Uanageri
Come to Terms.
CONCESSIONS MADE BY BOTH SIDES
Companies Yield Something in Fay and
Ven Something ia Tine.
NEW SCALE IS EFFECTIVE APRIL 1
So Changes la Crews or Mileage to 02et
Increase in Fay.
STRIKE BREAKERS TARGETS FCR ROCKS
Twenty-Five ef Forty Mea
Cleveland PMrl at .beraia,
After Car la Badly
Damaged.
CHICAGO. April 4.-The differences be
twtni tha western railroads and the mem
bers of tha Order of Conductors and of
h. Rrnthnrhood of Railway Trainmen
were finally adjusted today. The men
abandoned their demand for a nine-hour
work day and the railroads made an ad
vance over their previous propositions In
the pay of baggagemen, flea-men and brake
men of $1.60 par month. The original de
mands of the men were for an Increase '
of U per cent and for a working day of
nijj hours. The managers offered an In
crease In pay of 10 per cent and declined
to grant the nine-hour day.
Tha agreement waa reached mainly
through the efforts of Chairman Knapp of
tha Interstate Commerce oornmlaslon and
Chairman NelU of the UnUed States Labor
commission.
The new agreement, which goes Into ef
fect dating from April 1, follows:
The pay of conductors In the passenger
service to be Increased $10 par month; that
of baggagemen $7.60, and that of flagmen
and brakemen $6.60 per month as applied
to the schedules In effect November 1,
ltx. The railroads are not to make any
reduction In crews or Increase In mileage
for the purpose, of offsetting the Increased
wagea given the passenger trainmen.
Overtime In the passenger service to be
allowed on the basis of tlfteen miles per
hour, to be computed for each part of the
run separately, lime Is to begin at the
scheduled time of leaving of trains, or If
men are called, at the time they are called
to leave; the end to come when they are
relieved of the train. The overtime rate
to be M cents per hour for conductor. 23
cents for baggagemen, flagmen and brake
men. Thirty minutes or lees Is not to be
counted; over thirty minutes to count as
one hour. ... ,
The pay of conductors and brakemen In
through and Irregular freight, local freight
and mixed train service to be 10 per cent
over the rates of pay In effect November
L 190. .
One hundred miles or less, ten hours or
lens, to constitute a day In through and
Irregular freight, local freight and mixed
train service. ,
Overtime to be paid pro rata In through
and Irregular freight service, except when
the schedule time of the train la used as a
basts, the present hourly overtime rate,
plus the ratio of Increase granted by this
agreement Is to be paid.
Overtime to be paid pro rata In local
freight and mixed . train service, except
i .1.- V J . . I - I t .m4k la. ..
WHCU til" IVIirU 141 .aiiin ...a I, n " bo.
as basis, the present boarly overtime
rate, plus the ratio of Increase granted In
this agreement. Is to be paid.
The two exceptions are subject to re
vision. .
(me hundred miles of less, ten hours or
less, are to constitute a day's work In
helper (pusher) and construction train
service; overtime Is to be paid pro rata.
Roads on a ten-hour basis, or leas than
ten hours,' for a day In helper or construc
tion train service on November 1. 18u6, are
to Increase by 10 per cent the rates paid
for such service.
Rosds on a basis of more than ten hours
for a day In helper or construction train
service are to make no lnorease In the
rates paid for such service.
The Increases granted In the agreement
are to apply also to rates for special
.' services, as specified In the individual
schedule.
Upon mads having a better basis for a
day s work, or for payment of overtime or
other allowances. In all branches of train
service, the acceptance of this agreement
M not to act as a reduction.
T Brotherhood of Locomotive Fire
Wan were also granted today by tha rail
roads an increase of 10 per cant.
' atones for ltonnalonlsts.
CLEVELAND, April 4. A special train of
an engine and one coach, which had been
engaged to carry forty nonunion men going
from lima. O., to Lorain. O., where the
yards of the American Shipbuilding com
pany are tied up by the shipbuilders'
gtrlko, reachad Cleveland lata last eight on
the Nickel Plate road.
Every window In the car had been broken
and Ita sides were splintered and battered.
Tha cm r mmm tntuj k mnh 4iia -m 11
was puuing into ins company a yarua at
Lorain last night. From behind fences and
freight cars trien poured out and bom
barded the car. Before the engineer could
open the throttle and steam out of range
half tha men In the car had been struck.
AH on board were panic-stricken and
twenty-nve men Jumped from the train and
fled. Fifteen men who were In tha car were
wore or -s Injured and one of them had
to be se. o the hospital.
Wa la Mob.
LORAIN, O., April 4. There were prob
ably fifty women, in the mob which at
tacked the Nickel Plate coach carrying
nonunion men to the plant of the Ameri
can Shipbuilding here last night. The cries
of the women urging that tha nonunion
men be mobbed could be heard above tha
noise made by the smashing of glass and
the atones and clubs striking against the
aides of the care. The train pulled out as
quickly aa possible and stopped on the east 1
aids opposite the ship yard gate. A crowd
Of about 600 strikers were gathered at this
place and many of tha men entered the
coaches and promised safety to the men.
The mob stoned the molt loft. Inside the
fence, where the strike breakers are being
housed, doing considerable damage to the
building. .
More Pay for Engineers.
DilKVER. Colo.. April 4. Announcement
waa -made t day hat the Denver & Rio
Orande railway and committees represent
ing ths lirotherhoods of Locomotive Engi
aeera and of Locomotive Firemen, after
several woeka' negotiations, have agreed on
a new scale of wages, and that contracts
wore signed by the manager of the road and
the representatives of the brotherhoods lust
night Tho engineers receive an Increase
of 7t per cent and Improved working con
ditions, and the firemen also gain sat la
tux tory eonceestooo.
t. Loots H re wera Bosy.
ST. LOUIS. April L The hum of activity
In the brewerlea today indicated that tbe
atrlkera had all returned to work In ac
cordance With the settlement of grievances
yesterday. Ths cost of the six days' strike
to the breaery owners' according to W. J.
Lamp, Jr., was, approximately. $3U0,.
This estimated cost Includes waste ma
terials, loos of time and the cost of re
gaining business. Tbe strikers. It Is aaid.
wli! not obtain strike benefits from their
unlDus, because of the fact that the strike
tasted Use than a weak.
SUMMARY OF TUE BEE
Friday, April B, lOOT.
1907
APRIL
1007
ni bat
5' 0
BUM MOW TV I WtD TN
1 2 3 4
7 8 9 10 II
14 15 16 17 IP
21 22 23 24
28 29 30 v
TE1 .A.
JO
27
FORECAST FOR N ;ABKA Fair and
warmer Friday. Salt, day fair In east
showers In wnt portion.
FORECAST tVR IOWA Fair Friday
and colder in east and south portions. Sat
urday fair and warmer.
I eniperature at Omaha yesterday;
Hour.
Des.
Hour.
Deg.
... 45
6 a. m..
(a. m. .
7 a. m..
8 a. m. .
a. m..
10 a. m..
.... 48
.... "19
.... 48
.... 60
.... 61
1 p. m..
i P. m
64
S p. m 44
4 P. m
44
43
43
43
41
40
(p. m. .
4 p. m..
7 p. m..
8 p. m..
9p. m..
50
48
11 a. m..
12 m 44
irOISLATlTB.
Legislative clock at Lincoln is stopped
at 11 a. m. to allow the lawmakers to
finish their work. Senate puts In harl
day's grind, principally on appropria
tions. Page 1
BOKXSTXO.
Chief Croker of the New York fire de
partment and others of the force are In
jured by falling walls. rags 1
Chicago street railway companies plan
merger and extensions as result of re
cent election. Fage 1
Train service employes and managers
of western railroads reach agreement In
wage controversy by making mutual con
cessions. The new scale Is effective on
April 1. rage 1
Statement from the White House that
corporate Interests have raised fund of
$5,000,000 to defeat president's program
for regulation and control of trusts. K.
H. Harrlman's former stenographer ar
rested on charge of selling copy of Web'
ster letter to newspaper. Fage 1
Commission unanimously declares Harry
K. Thaw to be sane. District Attorney
Jerome objects to confirmation of the re
port and Is driven until Monday to prepare
application for appeal to appellate court
Fage 1
VXBBASXA.
Mrs. C. C. Dughman of Burr, Neb., is
killed by a shot in the back from her
husband's gun while seated at the dinner
table. Faffe S
Nebraska City Presbytery holds spring
meeting at Plattsmouth. Rev. M. Wal
lace Lo rimer of Utlco is elected modera
tor. Fage 3
Henry T. Clarke, Jr., of Omaha resigns
aa a member of the legislature and ap
pointed on railway commission. Fags
New witness in Miles will case at Falls
City strengthens defendant's position that
Rulo will Is the latest. Page
Bruce Bundy, Burt county farmer, is
ahot by a neighbor in a fight and may
die. .Two eye witnesses refuse to talk.
. .Page
. voxxxobt. I
...Evidence la seen that Russian reaction
aries are planning fall of present Duma,
Fags
Rev. Royal M. Cole of BltliS writes of
earthquake at that place. Faga
X.OCAX.
Petroleum oil la found near river four
miles aouth of Council Bluffs and City
Chemist Klrschbraun of Omaha goes over
to make official Investigation, land being
reported bought by Rockefeller. Fage 11
John L. Kennedy gets the four-year
term on the Omaha Board of Fire and
Police Commissioners, whose appointment
ia greeted with general satisfaction In
Omaha. Fare 6
Park board states In Its annual report
that it is humiliated at the necessity of
having to beg the mayor and' city coun
cil for funds sufficient to carry on the
regular work in the interest of the city.
Faff T
FTJTAJrCXAX AWX C0M3IXKCXAX.
Grain markets. Fags t
Live atock markets. Fage
' Stocks and bonds. Fags g
atOTXaTENTS OF OCXAJT BTSAMSSXPS.
Port. Arrived. Soiled.
NRW YORK. ..Baltic- v-.,,. prince.
NEW YORK.. Cltta dl Napoll
NKWYORK.. im Lorraine.
NEW YORK.. Or. Kurfurst..
LlVFRPOOL,..Ooear,lc... Noordland.
LIVERPOOL... Tunisian.
LON1hN Menominee
HAVRH........L Provence...
BRPMKN Welmer.
I ANTWERP..,
(Marquette.
Majestic
rHF.Hiioi.ROPstrlcIa. .......
i: r.. d . ...
CA1IZ.
Monti video,
Neuatria.
KUKdEILLEfl
Are You a
Voter?
FULL TEXT
.OF-
New Direct
Primary Law for
Nebraska
ON PAGE 4
Additional Copies may bo
had by aonding order to
The Dee Publishing Co.
OMAHA.
TIIREE CENTS A COPY
BOYCOTT ON PACKERS LIFTED
Ksum City Csaalults Mea Balsa
Bar AeralMt Uoases Baylsg
froia ladepoadeats.
KANSAS CITY. Mo., April 4. The boy.
cott started yesterday at the atock yards
here, when certain commission merchants
refused to sell to local packers becauss
they purchased stuck from an Independent
ooncern, came to an end today when C.
W. Armour, president of the Armour Pack
ing company, and Willing ton Loavltt of
Chicago, representing Swift & Co., ap
peared at the yards and announced that
they would aend their buyera Into the
country If the boycott were not lifted.
FUND TO FIGHT PRESIDENT
Hirriman-tackafellfT Istereets Bail Tiv
Million Dalian to Defeat Hit Falioiei.
PLAN TO CAPTURE NEXT NOMINATION
Delegates Wka Will Be lastraeted for
Roosevelt Will Knit to Mas
Friendly to the In
terest. WASHINGTON, "April 4.-U was said on
authority at the White House today that
there Is ample evidence at hand for the
claim the president holds that there Is a
movement afoot to defeat his policies In
ths next congress and In the next national
convention. It is declared that the
Hearst-Harriman-Rockefeller combina
tion" has already a fund of $5,000,000 with
which to carry Ita campaign In opposition
to the president. It waa further authori
tatively aaid:
They are gathering up the loose ends,
but the movement will flatten out. It is
apparent In Ohio and Pennsylvania: In
fai-t. It extends across the entire continent.
The scheme was thoroughly divulged at a
recent dinner and reached the White House
through a friend of the president. The
scheme of the people behind the move
ment Is to buy up newspapers, public men
and others who may ssslst the opponents
of the president In their work.
It was also stated authoritatively at the
White House today that part of the plan
to encompass the defeat of the president's
policy is the election of state delegations
to the national convention from those statee
known to favor the president, theae dele-
gate to be instructed for President Roose-
velt notwithstanding knowledge In advance
that the president would not be a candidate '
for re nomination. Then, acacrdlng to the j
statement made, upon the president declin
ing to be a candidate for renominatlon, aa
he has said he would decline, the delegates
are to consider themselves free and are to
be switched over to aotno opponents of the
president and the policies for which he Is
standing.
The secret of the alleged combination'. It
waa stated at the White House, first leaked
out at a dinner In this city attended by a
number of anti-Roosevelt republicans a few
weeks "ago. A friend of President Roosevelt,
who waa present at the dinner, carried the
news to the White House.
8TE500RAPHBR I'HDER ARREST
Man Charft-ed with Selling: Letter to
Newspaper In Cnatody.
NEW YORK, April 4. Frank W. Hill,
a stenographer, was arrested tonight
charged with having sold to a newspaper
a personal letter of E. H. Harrlman. The
warrant was sworn to by Alexander Millar,
secretary of the Union Pacific Railroad
company, of which Mr. Harrlman la presi
dent. The letter In queatlon waa addressed by
Mr. Harrlman to Bydney Webster and was
first published here by the World last
Tuesday morning. Statements therein con
tained called forth a reply from President
Roosevelt Tuesday afternoon. Hill la $7
yeara old and lives in Brooklyn.
Action against Hill was taken under the
section of. the penal code which defines aa
a misdemeanor ' the act of "a person who
wilfully a.nj without authority either takis
a letter, telegram or private paper belong
ing to another, or a copy thereof, and pub
lishes the whole, or any portion thereof."
Assistant District Attorney Paul K rot el
has charge of tha case and it waa said the
arrest will. It la believed, discourage tha
publication of letters of another prominent
man which, according to' report, recently
had been offered for sale.
A copy of tho Harrlman letter In which
the writer stated the chief executive had
appealed to him for funds for the cam
paign of 1904. made. It Is alleged, from Hill's
stenographic notes and In his handwriting.
was offered for sale to a Brooklyn pe-per,
and later to a New York paper, both of
which declined to purchase. The New York
paer subsequently turned tho copy over to
tho district attorney's offloe.
Hill waa employed in Mr. Harrlman's
ofllce for twenty-one years. About a year
ago he. waa discharged because, it was said,
of friction with other employee. Recently
he entered the brokerage office of De Cop
pet & Doremus. He has a wife and two
children.
Hill was placed in a cell for the night and
will be arraigned tomorrow. When asked
whether he cared to make any explanation
he replied that ha waa too greatly per
plexed to discuss tho matter.
Neither Mr. Harrlman nor anyone con
nected with his office would comment upon
the' arrest.
E. H. Harrlman declined to talk with
newspaper representatives about a report
that he had been working for his own
political advancement In seeking to have
Senator Depew appointed ambassador- to
France. Mr. Haniman'a attention was
called to g dispatch from Washington on
that subject, but he could not be Induced
to talk about It.
Mr. Harrlman waa asked If he had any
thing to add to his formal statement, and
he replied:
' "Don't you think I've said enough?"
"Doesnt it look aa though you had a
big fight on your hands?" was asked.
"I don't think so. I've got nothing else
to do now except to attend to my own
business."
"Should your reply to the president bring
out another statement from him, would
you make an additional etatemuntT" waa
asked.
"That would depend on what the presi
dent's rejoinder Is, but please don't press
me to aay any more about It," he replied.
Mr. Harrlman said he knew nothing
about a report that the Interstats Com
merce commission would take steps to
compel him to answer ths questions he re
fused to answer In his recent testimony
before the commission In this city. He
also disclaimed all knowledge of a petition
being filed with the commission by lumber
interest tn the west for the establishment
of a through freight route over the Hill
and Harrlman lines.
' E. I. Harrlman today made the following
statement relative to the exchange of cor
respondence between President Roosevelt
and himself:
"I don't Intend to continue this contro
versy. You gentlemen (moaning ths re
porters) must try to help me and not ask
me to answer questions, the answers to
which are self-evident
"Everybody knows that the contest for
the senatorshlp In IM waa between Measra.
Black and Depew, and there could not
possibly have been any other candidate.
There was no bargain whereby money was
to be raised In consideration of having
Depew appointed aa ambsssador to France
or I made United States senator, and my
letter to Mr. Webaier does not so state.
That part of the agreement was for har
monising the Blajk-Depew forces If it bo
came necessary.
Two-Cent Fare la Minnesota.
ST. PAUL, April 4. Governor Johnson
this sftemoon sgnrd the S-cent railroad
faro UU. TliS law elll go tuto effect Mav L
BISHOP FITZGERALD IS DEAD
Methodist Dignitary Passes Amy at
Bon Kong, Death Resulting
from riearlsy
NEAV TORK. April 4.-News of the death
In Hong Kong of Bishop James N. Flta
gerald of the Methodist Episcopal church
was received today by the Methodist Book
Concern In this city. Pleurisy was the
cause of death.
The bishop's home was In St Louis.
A cable message received from one of
the Book Concern's agenta In Hong Kong
reads as follows:
Bishop James N. Fitzgerald of the Meth
odist Bplscopal church died of pleurl!y at
Hong Kong this morning. The remains, ac
companied by his wife, daughter snd son,
will be brought on the Pacific Mall steamer
China, leaving Hong Kong April 9.
Bishop Fitzgerald, who was one of the
general superintendents of the Methodist
church, -vss engaged In making one of the
quadrennial visits which the bishops are
required to make to the mission stations at
the time of his death. He left Montreal on
October 27 last, accompanied by Mrs. Fltx
gerald, his two daughters and son, Ray,
to visit the Methodist missions In southern
Asia.
He took part In the Jubilee celebration
bf the founding of the Methodist mission
in India at Barellly, December 28, and waa
to have represented the board of foreign
missions at the China centennial of the
Protestant missions at Shanghai this
month. His daughter Cornelia died at
Penang, the straits settlements, while en
route from India.
Bishop Fitzgerald waa 69 years old. He
waa born In Newark, N. J., and Joined tha
Newark conference In 1M2. After acting
as recording secretary of the missionary
society of ths Methodist church from 1880
to 18R3, he waa elected bishop In the latter
year.
ST.
LOUIS, April 4. Bishop James N.
Fitzgerald, accompanied by his wife and
two daughters. Misses Cornelia 'and Bessie,
and a son, Ray Fitzgerald, who Is blind,
de; rted from home here last December on
a trip around the world. The trip waa
partially a sight-seeing tour and partly to
benefit Mrs. Fitzgerald, who la an invalid.
One daughter. Miss Cornelia Fitzgerald,
died suddenly at Penang. India, on March
1. The family decided to come on home
with the body for Interment here, crossing
the Paclflo instead of retracing their pil
grimage. Tho announcement of Bishop Fttzgerald'a
death haa caused much sorrow In the com
munity. WESTERN MATTERS AT CAPITAL
Senator Rnrkett and Family Leave
Waahlnartoa for Their Homo '
la Llncola.
(From a Staff Correspondent.)
WASHINGTON, April 4 ISpecIal Tele
gramsSenator Burkett and family left
for home today.
The complaint of the Omaha Cooperage
company to the Interstate Commerce com
mission in the matter of rates filed yester
day against the Burlington, the Illinois
Central, the Iron Mountain & Nashville
and the Chattanooga A St Louis railways
was taken up today by the' commission and
the several roads notified of the complaint
and. given twenty days tn which to seply.'-
Blds were opened today for furniture for
the Hastings, Neb., public building. The
lowest bidder waa Motley Bros., Cincin
nati, $870. v
Rural carriers appointed: Iowa Palmer,
route X, Alexander Slnclalre carrier, Ina B.
Slnclalre substitute. South Dakota Aloes
ter, route 4, Peter J. Peterson carrier, Al
bert E. Peterson substitute.
Iowa postmasters appointed! Flfleld,
Marion county, Avia Oliland, vice E. T.
HolllngHhead, resigned; Holland. Grundy
county. W. H. Freerichs, vice H. H. Reenta,
resigned. ,
Postofflces ' established: Iowa Paralta,
LJnn count. Thomas J. Kinney, postmaster.
Wyoming Arapoolsh, Big Horn county,
Delia B. Payton, postmaster.
Captain Carter P, Johnson, quartermaster,
will proceed to Fort Meade and turn over
to his successor certain orders and papers
pertaining to the Ute Indians, and upon
the completion of this duty will proceed
to Fort Robinson and assume charge of
construction work at that post, relieving
Captain Leon Roudles, quartermaster, who
will proceed to Boise barracks and assume
charge of construction work there, reliev
ing Major Reuben Turner, Eighth Infantry.
Wallace C. Bond of Wyoming haa been
appointed consul at Aden, Arabia.
Silas C McFarland of Iowa, consul at
Relchenberg, haa been appointed consul
general at St GaJL
Thomas K. Wallace of Iowa, consul at
Cwfeld, haa been appointed consul at Je-
rusaiem.
OMAHA WOMAN IN TROUBLE
Arrested at Leavenworth oa Char are
of Kidnaping Her Nleeo from
Detention Home.
LEAVENWORTH. Kan.. April 4. (Special
Telegram.) Mra Minnie Priest, whose hus
band la said to be a railroad man in
Omaha, waa arrested here today on the
charge of kidnaping, preferred against her
by Dr. E. L. Mathlaa, probation officer of
Kansas City Mo.
It Is alleged that Mra. Priest kidnaped
her niece, Juniata Priest, 9 years of age.
from the detention home in Kansas City
yesterday afternoon. The little girl waa
with her at the time of her arrest. Mra.
Priest and the girl accompanied Dr.
Mathlaa back to Kansas City tonight. Dr.
Mathlas said Mrs. Priest might be tried
ioT kidnaping, which Is a felony in Mis
sourl. He said this was her second at
tempt to get away with the little girl.
Minnie Priest declares that she did not
kidnap the child. She says the girl ran
awsy from the detention borne and came
to her. She says a fight for possession
of the child will be made In the courts.
CHICAGO TRACTION MERGER
Vote of Taeadar Permits Companies
to Cnrry Oat Plan of
Expaasioa.
NEW YORK. April 4. R. R. Covin and
II. B. Holllna Co. yesterday said that
the ratification of the traction ordinances
at the Chicago election made It possible
for the controlling Interests in the trac
tion companies to proceed with the com
prehenslve plans for Improvement, which
would have been made years ago but for
the municipal ownership agitation.
A call will soon be issued for the deposit
of the stock of the Chicago Union Traction
company and the North and West Chicago
Street Railway company with a committee
representing the new merger company, ths
Chicago Railways company. The reorgan
isation plan will be carried through as
rapidly aa possible, easy conditions In the
money market making It probable that little
delay will be encountered en account of
difficulty la raising funds.
SWEEPING VICTOR! FORTHAW
Lnnaoj Ceramlwlon Unanimously Deol&ree
that Eaii (ana.
aanmaaBsasa.
JEROME OBJECTS TO APPROVAL OF REPORT
Coart AdJoaraa Until Monday to Allow
Htm Time to Prepare Application
for aa Appeal oa Tech
aloal Polat.
NEW TORK, April a-It was authori
tatively stated tonight that District At
torney Jerome will appeal from the de
cision of Justice Fit jure raid in refusing
to allow him to inspect the minutes of the
Thaw commission In lunacy, which re
ported today. The appeal will be In the
nature of an action to obtain a review of
the justice's decision and will be taken In
the appellate division of the supreme court.
NEW YORK, April 4. Harry K. Thaw
today was declared sane by the unanimous
report of the commission in lunacy ap
pointed to Inquire Into his present mental
condition. The moment the decision waa
handed down from Justice Fitzgerald's
desk District Attorney Jerome was on his
feet vigorously protesting against Its con
firmation by the court. He declared he had
been excluded from the laat session of the
comlsslon and demanded to be allowed to
have access, to the minutes and steno
graphic notes of what transpired at the
final mental and physical examination ' of
the defendant
When Justice Fitzgerald declined to turn
the minutes over to the district attorney,
Mr. Jerome declared he would carry the
case to the appellate division of the su
preme court, asking that a writ of prohibi
tion or mandamus be granted to prevent
continuance of the Thaw trial until the
higher court had ruled upon the legality
of the commission's course.
Adjoornmeat t'ntll Monday.
Justice Fitzgerald reminded Mr. Jerome
that he had waived the statutory right of
attending the last session of the commis
sion by suggesting himself that all the
attorneys be excluded from the sitting In
question. He then granted the district
attorney an adjournment until Monday
morning In order that ha might have time
to prepare his application to the appellate
division. vMr. Jerome protested that the
time waa not sufficient but Justice Fitz
gerald cut him short with the announce
ment that the trial must be concluded
forthwith. Unless Mr. Jerome should se
cure a writ of prohibition in the meantime,
Justice Fitzgerald Is expected to announce
on Monday morning that he haa confirmed
the report of the commission and order that
the trial proceed without further delay. The
district attorney and the counsel for the
defense will be heard in argument aa to
the confirmation of the report at Monday's
session If they so desire.
After adjournment Mr. Jerome issued a
statement saying he could not tell until
after a thorough examination of authori
ties whether or not he ought to take fur
ther action In the way of an application
to the appellate division. Should he reach
tha conclusion, - after examining the law,
that Justice Fitzgerald had not odmmlUed
a legal error In refusing him access to the
commission's minutes, ha would, of course,
take no further action. Mr. Jerome de
clared If he made application to the higher
court It would be because of the precedent
set by Justice Fitzgerald and not particu
larly because of the. effect in this case.
Defendant Hot la Court.
Thaw was not in court to hear the de
cision. Tbe jury waa also excluded and
both prisoner and Jurors were out of range
of the district attorney's heated discus
sion with Justice Fitzgerald. All the
members of the Thaw family, including the
mother and wife of the defendant, were
present however, and their keen delight
over the announcement of the' favorable
report waa turned into alarm at the un
expected attitude of the district attorney,
whose threat to take the matter before the
appellate division of the court seemed to
Involve another serious delay In the long-drawn-out
trial. The news of the commis
sion's verdict waa carried to Thaw. . He
expressed satisfaction, but not surprise.
There never haa been a time since the
commission waa appointed that the defend
ant haa not been wholly confident of a
favorable decision. He declared today he
felt especially lucky because It waa the
second anniversary of his marriage.
The decision came during the afternoon
session and after reports, baaed upon slg.
nlflcant circumstantial evidence, had gained
wide circulation that the commission was
spilt and could not reach an agreement
The two lay commissioners, David Mc
Clure and Peter B. Olney, were said to
have submitted a report declaring Thaw
sane, whereas Dr. Leopold Putsel waa as
serted to have submitted a minority opinion
that Thaw waa pot wholly sane, despite
the fact that he apparently had been able
to advise lucidly with his counsel.
Jodare aad Commissioners Confer,
Justice Fitzgerald had a long consulta
tion with the three commissioners prior to
the morning session and then announced
there would be no decision before 1 o'clock.
Meanwhile Dr. Putsel withdrew from the
conference and this gave color to the re
port that he was at odds with his fellow
members.
The unanimous report, therefore, came
as a complete surprise. In handing It down
Justice Fitzgerald gave no Inkling what
ever as to the finding, and aa the report
was not read in court few of those lit the
crowded room knew what the verdict had
been. Mr. Jerome made his plea without
perusing the report He evidently had
divined Its contents, however, although he
carefully prefixed the phrase, "If the re
port should be unfavorable to my conten
tion." to all of his remarks.
Before the storm of the district attorney's
protest broke Justice Fitarerald had handed
to him and to Mr. Hartridge of counsel for
the defense carbon copies of the commis
sion's full report. It wao from the defend
ant's counsel's table that the nature of the
decision first became known. Mr. Hart
ridge ruxhed over and whispered to Mra
William Thaw and to Mra Evelyn Nesbtt
Thaw, and then sent a messenger hur
riedly to the defendant with the tidings.
Sweeping- Victory for Tha w.
When the report Anally fell into the pos
session of the newspaper men it was seen
to be a sweeping victory for Thaw. It con
firmed the reports of the excellent showing
He had made before the commission In
both his mental and physical tests and also
Indicated that the only expert testimony
which the commission had taken Into con
sideration was that of the physicians, who
had had an opportunity to examine Thaw
and had an opportunity to talk with him al
most daily during the trial. The testimony
of the other experts who anewred from
hypothetical basis waa declared by the
commission to be lrreounciUtble. The most
significant paragraph In the report reads:
The direct oral and physical examination
(Continued on Second Paga)
INDICTMENTS AT CHEYENNE
Residents of Sheridan and Others Are
Aeensed of f'nnsplrlnsr A an I nut
tnited States.
CHEYENNE, Wyo April 4 The speclnl
federal grand Jury here last night returned
Ave Indictments against E. M.' Holbrook.
president of the Wyoming Coal Mining
company, which owns the Monarch and
other mines In Sheridan county, Wyoming;
E. T. McCarthy, a former business associ
ate of Holbrook; E. E. Lonabaugh, a Sheri
dan attorney, and Robert McPhllamey, a
real estate dealer of Sheridan.
The Indictments charge conspiracy with
intent to defraud the government.
Holbrook and McCarthy are reputed to
be millionaires. McCarthy Is engaged In
zinc and lead mining enterprises In Mis
souri. Lonabaugh and McPhllamey are
charged with taking up coal lands and
selling them to the compeny. They are In
this city and have been held In $3,000 bonds.
The other two men have not been appre
hended. Although the Indlctmenta were returned
last night the fact waa not made publio un
til today. The grand Jury that reported
the Indlctmenta was called at the request
of Assistant United States Attorney Gen
eral Burch.
The grand Jury late today returned an In
dictment against W. F. BrlttaJn, formerly
postmaster of Sheridan. Charges have been
made that Brlttaln burned official communi
cations and other mall matter addressed to
residents of Sheridan. Brittain waa rec
ommended for appointment as register of
the land office at Buffalo, Wyo.
FIVE JURORS IN RUEF BOX
Poor Talesmen Examined Daring:
Day aad Adjournment Taken
tJatll Monday.
SAN FRANCISCO, April 4. With Ave
prospective Jurors In the box, all of them
paused without challenge for cause, but
alt of them subject to peremptory challenge
by the defense or the prosecution when
their number has been Increased by se
lection to twelve, the trial of Abraham Ruef
for extortion was adjourned at the close
of the fourth day until Monday morning.
Friday being the Jewish feast of the
Passover and Saturday being the Jewish
Sabbath, the superior court can hold no
further sessions In Temple Sheiith Israel
this week.
Four talesmen were examined during the
day. Abraham Hockwald, a manufacturer
of disinfectants; E. Johnson, wholesale. and
retail' grocer, and Douglas 8. Watson,, a
real estate man, were passed to the box.
Maurice Levy, clerk, waa excused on chal
lenge by thA prosecution for the cause that
his name did not appear on last year's
assessment rolls. Jurors J. R. Bradstreet
and Julius Meyer, tentatively accepted yes
terday, were challenged and excused for
the same cause. Deputy Sheriff George
Dillon claimed exemption on the ground of
his employment and the aosence of his
name from the assessment rolL He waa
excused without examination.
PEACE DELEGATE ARRIVES
Salvadorean Who Would Stop War
tn Central America ia In '.
Washington.
WASHINGTON, April 4. Federlco Med
Jla, the Salvadorean minister of flnanoe,
and special envoy from Salvador to Mex
ico and the United States, for the purpose
of effecting peace In Central America, had
a long conference today with Assistant Sec
retary of State Bacon. He was accom
panied by Mr. Calvo, the Costa Rlcan min
ister, who has been active In peace nego
tiations. Some days ago Salvador appealed to both
Mexico and the United Statea In the hope
of securing an armistice In Central America
through the Influence of these two repub
lics. This plan failed and Salvador la now
trying to end the atruggle by other means.
It la the contention of Salvador that It
is not at war with Nicaragua, never hav
ing formally declared war against that
republic. Salvador maintains that It has
In a way been drawn Into the struggle
through Nlcaraguan revolutionists who
were in Salvador ' at the time war began
between Honduras and Nicaragua. These
revolutionists, so Salvador says, left Sal
vador and Joined Bonllla's army in Hon
duras. By permitting these revolutionists
to leave Salvador and take up arms
against Nicaragua, Salvador incurred the
111 feeling of President Zelaya of Nicaragua.
NEW YORK FIREMEN INJURED
Chief of Departmeat and Deputy Hart
1 by Falling Walls Dar
ing Fire.
NEW YORK, April 4. Thirty firemen,
among them Chief Croker and Deputy C'hjf
Guerln, were hurt by falling debris, and
damage estimated at $50,000 waa caused by
a Are in the five-story building at 159
Maiden Lane early today. Only two of the
Injured men were severely hurt They are
Andrew Swert assistant foreman, and
David ' Murphy, fireman. Both are In . a
hospital with badly crushed and lacerated
bodies. Nearly 100 firemen Were at work
on the building when an explosion ripped
off tha ropf, tore out the front wall uf the
building from the fourth atory ' up and
shook portions of two other walls down
Into the afreet
At the sound of the explosion the Are
men fled, but three of them were caught
In the crush of falling debris. Most of the
Injured were treated In a temporary hos
pital established nesr the scene by am
bulance surgeons and then sent home or
to their quarters.
The burned building wss occupied by
William Schule & Co., dealers In gums and
varnishes.
HOWARD'S 0HI0 RECORD
Under Name of Dean, Served Time la
Prison for Job ia Cin
cinnati. CINCINNATI, April 4. (Special Tele
gram.) William Howard, who la on trial
tn Omaha on the charge of burglary. Is a
well known safe cracker. In 1X he came
hero under the name of Charles Dean and
with a man named Ixmg blew a safe la the
office of a shoe agent, securing $19,0rt) worth
of Hamilton county bonds. These bonds he
sold to the bartender In the House of David,
a saloon on South Clark street, Chicago.
Tha coupons were sent here for collection,
but the bonds were never recovered, al
though tha owner entered suit.
Dean and Long were arrentc-d In Chicago
and brought here. Dean was given a short
term In the Ohio penitentiary and Long
was acquitted.
The trial of WUKam Howard, charged
with breaking and entering the home of
Edwin T. Swobe, waa continued In the dis
trict court Thursday for ods week.
CLOCK IS STOPPED
Lerslature Takes No Note of night
Tim After Eleven O'olock,
BUSY FINISHING UP APPROPRIATIONS
Later Eouri Simply Waiting for th
Enrolling Clerki to Work.
ALL OF PARTY PLEDGES ARE MADE 600D
Leu Than TJituI of th Ftrtiian Spirit
During Eesaion.
FINAL WORK DEVOLVES ON SENATE
Ilonse Takes a Recess to Wltaess m
Ball Game to Allow the t'pper
Body to Catch I'p with
Baslaesa.
(From a Staff Correspondent.)
LINCOLN, April 4. (Special.)
stopping the hands of the clock the leg
islature shoved up the hour of adjourn
ment . from 12 o'clock noon, until all tha
work Is completed, which will be soma time
in the morning, as several amendments to
the appropriation bills have to be printed
and the enrolling clerks have a vast
amount qf work yet to do. The house spent
the day on third reading while the senate
apent all of Its time In the committee of
the whole on appropriation bills. In neither
house was there the least bit of sentiment
displayed and with the exception of ths
little confusion Incident to the Jaltors cart
ing out Onkstands and statutes and stats
officers' reports to be boxed up, the ses
sion on this, the final day, waa not different
from those of the preceding days It waa
business from start to Anlsh, and so far aa
this particular day Is concerned the house
finished and took a recess for a few min
utes at I o'clock to see the ball game.
The legislature haa kept every platform
pledge made by the republican state con
vention and there were a lot of them.
Some of the pledges did not receive the en
tire republican vote, but a majority of tha
republicans have kept their promises to
pass a state-wide primary bill; an em
ployer's liability act; a pure food bill; a
bill to tax railroad property for city pur
poses; an anti-pass bill, and all the other
promises made in the platform, with a few
thrown In for good measure.
Kettleton Stands Test.
Speaker Ncttleton has stood the storm of
battle like an old oak tree and emergea
on top of the heap apparently aa strong
as when he entered the Aght some thirty
or forty years ago. He has been a stickler
for platform pledges and other good meas
ures. He has presided with absolute fair
ness to everyone and every member, those
who opposed his election to the speaker
ship and those who were for him, have so
expressed themselves. The houss has had
no leader, but every man has acted Inde
pendently and on his own motion. On only
a very few measures have party lines been
drawn. In most of the republican pledged
several of the fuslonlsta have (materially
assisted In passing the bills, and particu
larly Is this true of Quackenbush of , Ne
maha, who waa recently called home by
the illness of his children. Besides mem
bers of the Douglas delegation, thoae who
have stood close to the speaker all through
the session, were Harrison of Otoe, Keifer
of NuckollB, Ned Brown of Lancaater,
Farley of Hamilton, Noyea of Csss, Jen
lson of Clay, Knowles of Dodge and othera,
all qf whom contributed no little to tho
favorable action on the terminal tax bill,
while Whltham of Johnson seemed to be
always on the light side.
Cone of Saunders kept up his record,
which he msde early in the aesslon, and
he and the speaker had several spats dur
ing the day. Cone tried to get several
bills reconsidered and In each Instance
when motions were made to lay his mo
tions on the table he demanded and se
cured a roll call, which, of couraa, waa
against him.
Agreement oa Sheriffs' Bill.
It became necessary, of course, to appoint
numerous conference committees today, to
agree on amendments to bills, and among
the Important measures, at least to Doug
las county, which went through were ths
sheriff bills, H. R. 218 and H. R. 819. Ths
house amended these bills so their pro
visions will not apply to countlea under
3,000. The senate refused to stand for ths
amendment, for aome of tne members ar
gued It would take the sheriffs In tho
smaller counties clear out of the statures
and leave no law to govern them. A con
ference committee waa at once appointed
and reported back the action of the senate,
with the recommendation to agree on It
This was done without a dissenting vote.
These bills provide the contract for feeding
the prisoners In the county Jail shall bo
let to the lowest bidder after bids have
been advertised for, and that the .sheriff
shall receive as his salary $4,000 a year. It
j becomes effective after January L 1908, and
thus does not affect the present Douglas
county sheriff.
Ilaper of Pawnee did not like the idea of
turning back the hands of time, and so
moved that the house rescind Its action ln
making the final adjournment at t o'clock,
but his motion was lost. When that had
been disposed of the house settled down
to Its grind and calling the roll was ths
order of the day until tbe umpire yelled
"play1 ball."
Seante oa Appropriation.
The senate spent practically all of ths
j forenoon session considering II. R. 460, the
' general appropriation bill; H. R. (34. ths
I deficiency bill, and H. II. U8. the claims
i bill. At 11:10. the usual formality of turn.
Ing back tl,i hands of the clock was gone
through with the senate suspending pro
ceedings for a few minutes to watoh ths
deputy aergeant-at-arms do this Important
work.
When the general appropriation bill
came up this morning an attempt waa
made to substitute the original house ap
propriation of $30,000 for tha expenses of
the Railway Commission, for $20,000 aa the
senate committee amended the bill, but
' the attempt failed. The appropriation for
j maintenance of the Norfolk asylum, waa
'left at $70,500. The committee had recom
mended a rut of $4.5j0. Tha fund for ths
payment of wild animal bounties waa cat
from $40,000 to I'S.OuO. and the allowance
for clerk hire for the auditor was Increased
; from $2.6'0 to $8.sj0. f
An Increase of $13,500 for the expenses of
! thJ Food, Dairy and Drug commission waa
made In the appropriation for the depart
ment owing to the Increused help required
tinder the new pure food law passed yes.
teiduy by both houses.
The two members of the Railway om
mUslon, who have been on duty since
January 1, were allowed t-SA to cover their
salary and expenses. This appropriation
was made tn the deficiency bill.
Stale Joornnl Loses,
Ths Slate Journal company lost out be-
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