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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 10, 1907)
The' Omaha Daily Bee
VOL. XXXVI -NO. 27A.
OMAHA, WEDNESDAY MOKNINO, APKIL 10, Ipn7-TWELVK TAOES.
SINGLE COPY Till J EE CENTS.
DELMAS ESDS SPEECH!
Attarst lr?t.ki Forceful and Eltquent i
Plea for Life tt Thaw.
SAYS UNWRITTEN LAW JUSTIFIES KILLING
Each of the Juron it A iked to Tut Himself
in lhaw'i Flwe.
TESTIMONY OF EXPERTS DISCUSSED
Frogecmtion En Failed to Show Defendant
Sane Nicht of Tragedy.
DISTRICT ATTORNEY J.ROME TALKS TODAY
He Will Conclude Early and It
Expected Judge Will Charge
Jury Before Adloarn
NEW YORK. April 9. In an eloquent
Appeal, both to the written and unwritten
law, Delphln M. Delmas this afternoon
committed Harry K. Thaw's fate to the
Jury. The California attorney concluded
his five-hour summing up speech declar
ing hii client was Justified In killing Stan-
Tomorrow morning at 1 1 : 3 1 District At
torney Jerome will make hla appeal In be
half of the prosecution. Justice Fitzgerald
probably will chaise the Jury and by to
morrow evening at tho latest the famous
cue will pans to the deliberation of th.'
twelve men who have so carefully in
tended Its uncertain course for weeks
paat. Mr. Jerome expects to talk fur
three or four hours.
Justice Fitzgerald would not say today
Whether or not ho would charge the Jury
directly following the district attorney'
closing remarks, but general Impression Is
that he will do so.
With the exception of the moments
when he was reading from testimony Mr.
Xelmas' speech today was one of sustained
oratorical effort. He threw about th"
lorm of Harry Thaw the cloak of chival
rous knighthood. "Why," he shouted,
"should we who admlro chivalry of th:
knights of the middle ages who went
about redressing wrongs and rescuing
Baldens In distress, withhold our sym
pathy from this brave man?"
Stanford White A.. ailed.
Bitterly the attorney assailed Stanford
White. He declared White sought to play
With Evelyn Nnsblt so long as her beauty
remained and the.n would have thrown
her away "like a dirty nig to float down
life's sewers to a grave In the potters'
Again he said: "Harry Thaw had
snatched the girl from the old lecher who
saw In her but a toy to gratify a mo
ment'a lust and then be cast aside to go
her way down the paths of fallen women."
With dramatic emphasis Mr. Delmas
cried out that when Harry Thaw beheld
Stanford White on the Madison Square
roof garden the story of his wife's wrongs
overcame him. He pictured In an Instant,
s a dying man may' picture his past
life all that Stanford White had done
"the ruin he had wrought and he struck
truck aa the tigress strikes In defense
of her young; struck for the home; struck
for' American woman; struck for human
ity, and Stanford Whlt fell.'
"Ah, gentlemen," the advocate went on,
"If Harry Thaw believed he was the In
strument of Providence, who will say he
Mr. Delmas discussed but briefly the
testimony of the expert witnesses, declar
ing that whatever weight might attach
to their utterances was on the side of the
defendant. He declared the burden of proof
as to Thaw's sanity at the time of the hom
icide rested with the prosecution, which
had failed to make out Its case.
I'awrltteu Un Invoked'.
In discussing Thaw's mental state, Hr.
Delmas came at last to the "unwritten
law." Ha declared the experts had been
at a loss to classify the form of Insanity
from which Thaw suffered.
"I will suggest Its name," he declared.
"I would oall It 'dementia Americana.' It
Is, a. species of Insanity which has been
rocognlied In every state of this union. It
la that species of Insanity which makes
the American man believe his home, his
wife, his daughters, are sacred, and that
whosoever stains th virtue of his threshold
. violates th highest of human laws."
Twice durln his closing periods Mr. Del-
. mas was Interrupted by Assistant District
Attorney Gar van, who suggested the argu
ment was taking too wide a scope, and
Justice Fltxgersld called Mr. Deltnas' at
tention to the fact.
Ti.aw Seemed tonight to bo In tho boat of
spirits and declared to his lawyers lii the
Tombs that he ;lt his case was won. He
earned to have no dread of the assault of
the district attorney t.norrow. There was
. report today that Mr. Jerome was 111.
hut he appeared at his office during the
aitomoon and said hs had been busy for
two days preparing his argument
In view of the district attorneys remarks
, before the lunacy commission that Thaw
la today hopelessly Insane, much Interest
attaches to ths lino of argument he will
pursue In asking for the man's conviction.
When Mr. Delmas arose to resume his
argument he told the Jury he would en
deavor to be as brief ss possible In order
not to tax Its patlenca and to relieve It
of Its onerous duty us speedily as Is con
sistent with the responsibility resting upon
"When I am done," said Mr. Delmas, "1
shall glvs the fate of my client into your
handa with every confidence
Mr. Delmas said it would be necesasry
to cast a rapid glance over his remarks
of yesterday In order to connect the
threads of his argument.
Coadltloa of Thaw's Mlad
Openng his remarks by reference to Abe
Hummel and denouncing him as a felon.
ths speaker quoted briefly from the ad-
dress of Mr. Jerome In the esse wherein
IL.n.nial m A . COIlD.Cted 11m miA win 1 rv.
nut........ - , o-
agination could have Invented the ktcry
told to Thaw by bis wife; that the letteis
written by maw 10 Attorney longfollow
nru. " - - - - ....j ivmu j
related Of me win on uie witness stand.
Ths speaker declared that Evelyn Neablt
wu willing to sacrifice herself for Hairy
Thaw and that her story had produced
msntal suffering. He continual:
"Such was ths condition of Harry Thaw's
mind when. In ths fall of lfc. he parted
from Evalya Nesbit In Europe snd sent her
back to New Tork ahead of him. Thsrs.
(ntlsmao, you have ths first dawn of tha
mental condition which manifested itself
thrae years afterward.
"The foundations of his reason were un
. . . , Th. aiorm had not burst, but
UTI M illivu.
ths clouds war gathering rrom tn rour
points ot ths compass and from them tha
... wr eatherlng from th four
. .k. ........, and from th.m tl..
jirill nuts 4M gaoood Peaj
summary of the bee
Wednesday, April III, 11M7.
rut WHO THU J. ST
2 3 Ni 6
9 IOvV 12 13
16 8 19 20
. 25 26 27
FORECAST FOR NEBRASKA-Fair and
FORECAST Knit UiWA-Fuir Wednes
day and Thursday; warmer Wednesday In
wejt poitlun; wanner Thursday.
1 empei at ui c at tiinal'a vesierday:
Hour. 1j,k. Hour.
6 m ;,4 1 p. m.
a. m m 2 p. in.
7 m S4 3 p. in.
8 a. m :4 4 p. ni.
9 a. in 3 5 p. in.
lf in 4-i 6 p. m.
11 a. m 4;) 7 p. In.
12 in 4o s p. m.
9 p. m.
... 4s ;
'" j., ;
'' f; j
Attorney Delmas concludes his address
in defense of Harry K. Thaw. He said
that killing of Whlta was Justified by the
unwritten law that expects a man to de
fend his home und his family. Fags 1
special session of the MlBsourl legisla
ture assembles and message of Governor
Folk calls for enact mem of law s govern
ing dramshops and gambling. Fags 1
Congressman I 'ray of Montana heads
pose which Is searching for "Kid" Curry,
bandit. Fags 1
Railroads ,,f the Central Passenger as
sociation contemplate withdrawing com
muters' tic kets in Ohio, Indiana and Penn
sylvania. Fage 1
Former Land Commissioner linger
Hermann admits on cross-examination
that he bought two homesteads, the titles
of which had not been perfected, mid that
he acquired 30,000 acres of land whlh
receiver of public money nt land office
In Rosehurg, Ore. Fage 1
Nicaragua announces that It Is enforc
ing rules of w ar in Central Ainerl -an
The government finds that the develop
ment of the west Is Interfering with Iti
Irrigation plans. Fage 1
Clark Perkins, an Aurora editor and
secretary of tho republican state commit
tee, selected secretary of tho State Rail
way commission. W. B. Itosu of Lincoln
Is touted as the successor of Elmer Ste
phenson as collector of Internal revenue.
Number of railroads file their reports.
with the State Hoard of Assessment and
for the first time, divide their freight ani
passenger earnings. Fags 3
Higher rates for money and threat of
general strike cause inactivity of business
in Paris. Fage 1
Crop reports from along the lines of the
Uttrllnrton system In Nebraska and Wyo.
mlng Indicate that winter crops are In
fine condition and that spring work Is pro
gressing rapidly. Fags S
A number of Important real estate
transactions are reported and a record day
at the register's office Is noted. Fage' 7
Contractors for grading the block for
the Haarmann pickle and vinegar works
are preparing to pulverise the clay and
wash it to the river through the sewer.
Mayor Pahlman says he believes Chief
Donahue has done all that may be done
under conditions to repress the social evil
in Omaha. He does not think Its absolute
suppression Is possible. Fags 7
Paul E. Nicholas, a discharged soldier
from Fort Leavenworth, expired at the
Omaha T'nlon depot. He was on his way
to his home at Spirit Lake, Wis.
In the land fraud cases before Judge
T. C. Munger the day was spent In reading
from the transcript of the Hlchards-Com-stock
trial. A number of witnesses from
Iowa are on hand waiting to be called.
but It Is not likely any will take the stand
before Thursday. ' Fage S
The Rourke family shows well In the
preliminary games and the "fans" are
satisfied. Fage 4
The Omaha Country club expects to pay
more attention to tennis during the com
ing summer. Several tennis men have
doveloped there and It Is likely the Field
club will have a local rival In this branch
of sport. Fage 4
St. Louis National base ball team wins
local championship by defeating Ameri
cans In final game. 9 to 1. Fags 4
DERRICK AND BRIDGE COLLAPSE
Three Men Injured and "loui
Line of north-western Is
MISSOURI. VALLEY, la.. April 9. (Spe
cial Telegram.) Three men were Injured,
one of them seriously, and the Sioux City j This finding did not meet the approval
line of the Northwestern road was block- ; of the woman's father, Marvin P Woody
aded by ths collapse of a bridge this after- . of South Bend, Ind., and he demanded
noon a short distance from this city. The , that the case be reopened. Nicholas, who
Injured men are: j had been connected with Mrs. Leslie In
Conductor F H. Kinney, badly bruised. ' several theatrical ventures and who ul.to
Herman Rose, laborer, crushed below lived at the Palace hotel, was arrested as
the knee and amputation necessary. a suspect. Under what he alleged later to
Edward Werle. engineer of stationary en- have bi-en sweatbox methods he made a
glne. bruises on leg and arm. ' confession to the police. Implicating I.eo-
What is known as the Allen creek drain- ' pold. He admitted having killed Mrs.
age ditch Is being constructed and the Leslie In order to rob her of her dla
dredge Is working where tho railroad ' nionds. Tn the confession he laid the bur-
crosses, a big derrick being used to raise
the bridge to allow the dredge to work and
replacing It when trains desire to pass.
At the alme of the accident the bridge was
r,..l los.r.a m,. . a ...W a rarnn nt
the abutment. Ths derrick used In hand -
ling It toppled over and derrick, bridge and
all went Into the creek. The injured men
were unable to clear the wreckage In
tinla to save themselves. The road Is j
blockaded and It will be several bourse
! . . . . . . n .. .
. rxriore in. rifvuer irom rjoone is suie to
! restore traffic
. MIIMT AWn MDC DICCCTT UCO
HUX 1 nnw iiiiiwi unoju I iilu
Woman Wha naught IMvorre Her
Becomes Wife af Minister Named
la Husband's halt.
NEW YORK. April -Rev. E. Lawreno.
Hunt, who yesterday retired fruin th Pr.
byterlan ministry, was tonight married to
Mrs. Fanny Rice Ba.sett. the woman who CHICAGO, April 9 An official cf th- .xc'.aimed "Of couise, I Lave been hope- 'Chief Inspector E. L. McKee arid Fit id ln
was divorced by Charles Chester 11 is., it Northwestern railroad said the nine-hour t,,l ,,f gtting a rw-w trial ar.d I feel sure sector W. L. Gregg. Of a dozen or more
In Washington recently, because of her al- law had nothing to do with, the laying ,f ol,e roj'.J bt- obtained my lnnocei.ee properties located In Colorado and Nevada
legtd misconduct with Pastor Hunt.
. lm ceremony was pertornied by Rev.
Henry Marah Warren, at the Utter s home,
At the close of the brief ceremony Mr.
Hunt aald hs probably would ra-siiter ths
GOOD TIMES DELAY WORK
GoTernmtnt Proj.cts Cripp'ed by Bni'.dine
Operation! in the West.
LEOR AND M MER1AL ADVANCE IN PRICE
Contractor Abandon Work nr toif
Slonrr When The? Attempt to
Fulfill Contract. Madr fur
j (From a Stuff Correspondent.)
I WASHINGTON. Aoril 9 ( Six c.ial. ) The
development bo. ni in the far west is giving
reclamation seivlce a good deal of concern
ut the present tune.
With every part of the interinount iln
country enjoying a remarkable building
" - ' " '
thn n.,.i if bui i.nmiv t
- " ""' - ' ;
handicapped by ,ta inability to secure
reasonable bids for constructing Its l'l I
irrigation woiks. The laige contractors,
jare all loaded up with railroad work, which i
! will ot euny their attention for many months ;
L conic, while smaller contractors have !
an tney can possibly dj to take care
the local demands of cities and towns
Many of the contracts dT the government
have been advertised several times without i
securing reasonable bids. The government
is confronted with the proposition of doing !
the work by force account, or if postponing : ,,ml . ohotogiaphs and biographies of: Mr n,.rmnnn admitted that he had se
ll until there is an Improvement in condi- j p,.,,miIU,nt men of the church be obtained 1 nir,.a jfi0eO acres of public lands in Ore
ti ns. The present tlmo Is most un" I and pieM-rved for future use cr refcrtnee. ; -ii(.n nf. was receiver of public moneys
propitious for the government to under-) Tiu. ,.m1 of trustees of Oraceland col- i at ttl0 Rcseberg land office. This, he main
t.ike doing the work Itseir. There is an 1(,s roports the most successful year In talned, was not the cause of his losing that
unusual scarcity of labor. Wages are from iltK,ry nf that institution. A dormitory j position. The records or these transac
40 to per cent higher thun two yeais ago. ! fnr Klrs wn. ;.rected last year and one I Uon , weu Bs lhol,e relating to the
while efficiency has been decreased rather fol. is planned to be elected this year. ! cams crchased y Schiller, were made
than improved by the unlimited 'leniiinil
for laborers. Ow ing to the remoteness of j
mucn or tna government work from cities t,, ,, Charles K. Woodstock oT iscon
and towns, labor Is not attracted thereto,
and as a rule the government gets only
the leavings or the most undesirable chips
of laborers. The steady and skillful workers
are all busy. .
Cost of Railroad Increase.
The costs of all kinds of material has
increased enormously. Take cement, for
Instance, which enters so laraely 111 the
construction of dams and headworks, and
for which the government is. asking for
hundreds of thousands of barrels. It has
been compelled to accept bids at prh-es
nearly double those paid two years ago.
Even at the present high price only a few
manufacturers are competing, and today
the cement required for Idaho, Montana.
Wyoming and the Dakotas is shipped from
Iumhrr has nearly doubled In price, ami
horses nnd mules now cost fully twice
what they did three years ao.
As an Illustration of the in.lerinl Increase
In the cost of eonstructVn the following
examples sro cited: In If 4 and 1!o5. the
average cost of earthwork excavation wis
about 13 cents per cubic vard Today the
prevailing rates for similar work are from
?4 to 31 cents. A larp contract for gr iding
was let nt 13 cents per vard. Bn'1. the 'con
tractor executed the contract and furnished
the required bond. When he came to se
cure the necessary machinery, animals and
labor, he found the Vork would cost so
much more than his hid that he threw up
his bid and forfeited his bond. On re
advertisement the contract was again let
at 24 cents per ard, and the contractor Is
said to be losing money at this price.
Reinforced concrete In (t"6 averaged $150
per cubic yard, while the responsible bids
this year are from $16 to
The troubles of the contractor In the
matter of shipping materials are shown by
the experience of one contractor, who or
dered a shipment In November and loaded
It on cars, detailing a man to follow the
car and expedite early delivery In every
way possible. Notwithstanding all these
precautions. more than three months
elapsed before the materials were received
at their destination, only a few hundred
The notable Increased cost of construc
tion has compelled a revision of the orig
inal estimates on all of the large projects,
and If there la not a material improvement
In conditions It may be necessary to post
pone further construction work on some
of these projects for an indefinite- period.
Any further increase may render some of
the projects so expensive that diftlculty
will arise In getting settlers to take the
BOTH MEN FOUND GUILTY
Mcholas and Leopold Are Convicted
of Murder of Mrs, Margnret
Leslie In Chicago.
CHICAGO, April 9. Howard Nirhola
and Leonard Leopold were today con'icted
Of the murder of Mrs. Margaret Leslie, un
actress. Nicholas was sentenced to 11 e
imprisonment, w nne ucopum was given a i tna Cljmp.iny. It was decided to call a meet-fourteen-year
term In prison. ,pg of thfh ,to.uh. 1(M of ,ne companv
On the morning of October 19. lat year. wlthin the next n d.)yil un(1 explajn to
the dead body of Mrs. Leslie was found ; (h(,m tno ncl condition of the company's
tn her room at the Palace hotel with an , afTajr9 If tne stockholders decide that
undergarment tied around her neck. Th. I thpv want , tak thp business of the corn
room was filled with gas from an open , y ,, tnelr own hnn(lf, Tuoker and th,
jet. A verdict of suicide by gas poisoning dirrctor, wnI nterpose no objection,
was rendered by a coroner s Jury. j M ,nn,M. ,,,. v, .r,,.,,..
den of the crime on Leopold. Some
the diamonds, which had belonged to Mrs.
Islle were found on Mcholas and Leo-
i . .
; Ik I MiKAHHr-KS flKt LAID Uhr-
, wth western Railroad Clo.e. Xumber
of Its Smaller Offices
rO!xni. BLUFFS. Ia.. April 9 In
preparation for the nine hour law, the
Chicago ft Northwestern railroad is clos- I
lng scores of Its smaller offices throughout ;
Iowa. Twenty offices on the Galena dl- ;
vision alone have bean discontinued
within one week nd many others will
be closed this spring
I The railroads are unrue to secure tel
' egraph operators enough to man the of
flees now that the men can only work
off of operators. It was the custom, he
when the winter work was over
to reduce the telegraph force B-s'de
this. 1M miles of automatic anna's lad
been added and fewer operators couse-
quanUy ais csaded.
PUBLICATION PROFIT AND LOSS
Herald Knrna Four Thon.aad Dollars
In Vfir and Fire Loss Wan
I.AMONI, la.. April 8. -(Special Tele- ;
grm., -Todays huslr.es. s, ssi.m of the i
! letter Pay SalntT conference at this
place opened at 2 o'clock with Associated
President It. C. Kvan. of London. Ont., In ;
the chair. The lep.rt from the board of!
publication Indicates the loss by the Herald
ollice lire was J16.'M. while the year s gains
In that deutnient were $4.oi. The prcs-
ent worth of the publication Interests un- I
der the managemint of the board I? 132. CNM. 1
Church Historian Herman C. Smith ro- .
ports the death of the following offl lals
of the church during the year: Apostle
James Ccffal of Council HlufTs. Seventy A.
R. Madison of Neola. la., a.ul Seventy J.
u i ....... ..f r-.-a.-, In The !;iMer was
..' . . ' . . .i.o
trie young man w no mei inn ut-am n
. ..... , .
preaching a sermon in aiarcn c i ihsi year,
h(i mnl(.k h a blt f llRntning. The
t.ttorian keeps track of all current affairs
f r,,Cordln debates by Latter
,, ,v galnls ministers, churches built, move-
... , .i...,,i,,h.. ,nnk. t.uh-
.. , ;,n-,.,.tiK the church, persecutions of
; m; .),,, branches organized, auxiliary so-
, cl(,U(. conventions held revelations re- ;
I,...",' ,.u. ne urges the publication at
,.,. f ,if,h volume of history and f?so ;
the issuing of a periodical for j
ns,oiy ad biography. He suggests, too,
ndnst:iiil und manual tralnhiR di'raitmpnts :
w jU , stabllshed soon under the d.rec-i
A report from a Joint council of the pres
idency and twelve was endorsed, by which
action the various quorums of elders, pres
idents, teachers und deacons as ut present
made up may be disbanded and reorganiza- j
Hons effected in mission slakes, districts or
large brandies us at present organized.
The members of the various quotums are
so widely sepai ated that meeting together
except at general conferences Is impossible.
Fred H. Ulair, Fred M. Smith and E. L.
Kelley Jr., were chosen to succeed them
selves as members of the college board
The matter of locating the Herald of
fice was made a special order of business
for Thursday at 3 o'clock.
Tho roll call of the ex-offlclo members of
the conference disclosed the fact that
about -Tin are present.
Twenty-five acres in Orange county. Cal
ifornia, and three vacant lots In San Diego,
Cal., belonging to the church were by vote
ordered sold, at the request of Presiding
Fred H. Hlalr of the board of trustees.
Rishop E. L. Kelley and R. M. Stewart,
president of Oraceland college, were the
speakers at tonight's session when tho
college, Its needs, hopes and good purposes
was the theme. Oood music was provided,
the sulo by Miss Henrle-Ua M. Hofer. vocal
Instructor of the college, being especially
OIL PROMOTED IS INDICTED
Secretary of I'nele Snnl Company In
Accrued of I .Ingr Malls to
T' TK ! A, Kan., April 9.-FoIlowlng his
Indictment on the charge of using the malls
to der.-aud. returned by tne federal grand
Jury, H. H. Tucker, Jr., of Cherryvale, , the bar of the state and had signed the pe
Kan., secretary and promoter of the Uncle ', tltion for the creation, of the reservation.
Sam Oil company, who was arrested late ! Under these circumstances It Is likely he
last ninht In Kansas City, was arraigned l gave the Information. Mr. Hermann said
In tho United States district court here this j ho did not give the same Information to
afternoon. Judge Pollock fixed Tucker s
bond at $15,0"0 and at 3 o'clock he left
for Kansas City, In company with an officer
of the court, to secure bail.
It Is charged In the indictment that
Tucker has sold about 11,3m. mm (cash value)
in stock In tho Uncle Sam company, with
a par value of over HO.iX)0; that the sum
of about $J0,.in0 already paid In dividends
whs taken from the receipts of stock sales
and not from the earnings of the company.
and that whlla this was going on Tucker
was using tiie malls to accomplish the
sale of more stock; also that the assets
. . ..-. . .
of tho company are now ll.O.''O less thun
the money received from the sale of the
KANSAS CITY, April 9. Tucker arrived
here In company with a United States dep
uty marshal. In whose company Tucker
will remain until he secures bond. Tucker
announced that he would have liO signa
tures on his bond within four days.
At a meeting of the directors of the
Undo Bam Oil company tonight, which was
attended by Tucker and the attorneys for
I no fears In regard to the criminal charges
I against him. He said the company had
, I.') stockholders In Kansas, 1.400 In Mis-
souri. each in Oklahoma and Neb-aska
and Tn eueh In Ohio. Illinois and Indiana,
Before starting for Toptka today Mr.
Tucker gave out a printed statement. In
w hh h he said:
The Standard Oil company is behind the
i whole dial. I have committed no crime;
I have defrauded no man. Now that the
' Uncle Sam company Is getting to be big
lenouKii iy w ieni n,iii-iiiiir oi ine
StMidiird. I am stabbed In the hark with
f an Indictment faked up on the testimony
or a '""""eiif . ',u ,trI'knn ,h.
j )rut, ,) will suspend Judgment until the
i rase com. s to trial. I have committed no
iiio,, - . u. , uu-ou ............ "i J ummr
1 hsve in tie world Is Invested in
Uncle Ssm oil company 1 have solicited
money from the people of the 1 nlted States
; l". m'o'lV'ihi e r," fl nines 1 . mile's" of TZ
line and purchased thousands of acres of
i i, si oil lands in Kansas and the terrl-
WOMAN HOPES FOR FREEDOM
ov that Mrs. Myers Will Not Ilaaat
She Expects to Be Via.
LIBERTY, lb., April 9. When told ln
her cell here last night that the governor
li.m commuicu u. m.u, lo
life Imprisonment Mis. Aggie Myers smiled
IuJ ,hen laughed for Joy
j am grateful to the g, vef nor(
would be movttn liext time for I am in-
no. ent. I
annot give up hope that my
Uers wil yn be able to do something
f r m ln that way und the fact become
known to tne world that I am not ifullty
of ths orUue charged against ut,
HEKUANN OWNS MUCH LAND
Former Commiwipner'i Crose-Ixaminatien
Leidi Impetm to Interest in Trial.
SON BUYS ENTRIES Bt-FORE TITLE IS 6IVEN
-..., , other lel
-This Land Was Acquired While
Employe of the Roeeburaj
WASHINGTON. April 9. Interest In the
trlnl of Ringer Hermann for destroying
public records received a decided Impetus
when tho defendant, who had been testify
ing In his own behalf for the Inst five
days, was put under cross-examination
shortly before the close of court.
After iiv ni rvis tlvelv that no members
- -- - -
of hl(" fftmll' ''R1 acquired public lands
u,,rl,g nis auminisirauon. ir. ,,.- .,....
I qualified the statement later by admitting
j that ls son. Schll'er. had made a home
! stead entry to which title had not yet been
"1lred; that Schiller had purchased three
,h'' claimants, and that these purchases
had bpen acquired for $3.n In gold by the
ocfendant to relieve bchlllcr s emDanasseo.
Thirty Thousand Aeres Acquired
exhihin In the cttse. In the latter matter
Mr Hermann had written a memorandum
directing the patents to be mailed to his
I'nlted. States Attorney Rakers next
move was to produce the copy of a tele
gram sent by the defendant to P. F. Mays
of Portland, Ore., July 25, 19"2. three days
before the proclamation creating tho Bluo
Mountain forest reserve, which Mr. Raker
ciaimea was tne up promisea mays oy ,
Hermann that the former might take the !
necessary steps to make entry In the stats
school lands he was negotiating for In this
reserve. The telegram Mr. Hermann ad
mitted sending. It read:
Fifteen patents to timber land entries for- 1 r- "
warded to Hoseberg land office. Ind three years, which was approved today
ollice has recommended withdrawal orlg- bv the secretary of the navy, has uncov-
inal entrv Strawberrv mountain and all . . , .,', r,. ,,
additions to secreta v. w ho has approved , erf,1 tn" faot ,hat 1 "''"nler P"ary den
the same. HINGEK UDRMANN. I nitely purposes to mnke another attempt
On his direct examination Mr. Hermann j this summer to rench the north pole. The
had testified that he had never had any I three years' leave of absence during which
business relations with Mays; had never ! he made his famous Journey to the farthest
w ritten him communications nor had in- point north ever reached by man S7 de
tervlews with him; that Mays had no tivjgroes 6 minutes expired last Sunday and
tereat in the Ulue Mountain reserve that the new leave begins at once. It Is ex-
l Hermann knew of, and that he wished the '
Jury and court to understand this statement
to be as strong as the English language
could make It.
Mr. Hermann's Explanation.
Mr. Baker read this statement from the
record and aaked tha defendant If when :
he made It he did not think all traces of I
this telegram had been destroyed In the
destruction of his letter books. Mr. Her- i
niann would not admit this. He said he i
now remembered the telegram and ex-
'plain1, that It must have been sent In
answer to a telegraphic request from Mays,
or more likely because Hermann knew
Mays as a leading public man of Oregon
and simply wished him Informed of the
Mr. Hermann at this point emphasized
I the publto service of Mays, saying he had
! served as United States district attorney,
. in tne state legislature, was me teaaer or
anyone else In Oregon, although he said he
gave It to the public pneos.
I Mr. Raker placed In evidence the Indorse-
ment of Mr. Hermann and Senators Mitchell
and Dolph on a petition from Mays as
! district attorney, after which Mr. Baker
i remarked: "He was fired frrm that posi-
! tion. was he not. for Chinese frauds?" Mr
i Hermann admitted Mays had lost ths pool-
A regulation of the land office forbidding
j the giving out of information In advance
and also another forbidding any nfficer or
employe or members of their families from
i , . .
acquiring government lands was placed In
evidence by Mr. .Baker.
The cross-examination of Mr. Hermann
will bo continued tomorrow.
CONGRESSMAN AFTER THIEVES
Pray of Moaiana Leads Party
In Pursuit of "Kid Curry"
ILVVRE, Menu, April 9. Congressman-
. ... ..... .... , .
elect Charlts N. Piuy ot Montana lost n.ght
led a surrounding search, which intends to
bnug to iuaiice all the surviving membeis
of the "Kid
and train robbers. It la hoped even to
capture the "Kid." The little lUickios, a
Chole-au county bunch of mountains de
tached from the main range and surrounded
by plains on either side, is to be surrounded
by state and United Slates officers.
Officers who wont out of Havre lost night
wiih Pray announced as their p irpose the
possible recoveiy of the body of A. G. Gill,
who, disappeared mysteriously from his
ranch at the foot of tike Little Rockies
at the beginning of the winter. Gill was
declared an Informer by the Curry gang
and was shot at several times by assassins
on his rounds over the mountain road.
i ifc , , .. . . ,
1 Atwut November 15 Gill left his ranch and
j he has never been seen since.
I Tray was state s attorney of that county
land has long ben nrted as
I prosecutor of range thieves.
MININlj rnUMU I tK AHHAIGNED
Joha J. O'Hara of Drnver ( barged
with Islnar the Malls to
DENVER, Colo.. April 9. -John X. O'Hara.
mining promoter, wno was indicted oy
the federal gri.nd jury ln session at Pueblo
last week on the charge of using the malls
to defraud, was arraigned before Untied
States Commissioner Sanford C. Hinsdale.
iii this city today and was released after
furnishing a bond for 5.000 to Insure his
appearance .or um, ... ... . oiaiea
district court. On complaint of James Wll-
I kmson or rTOViuence, it. i., an invesnga
she ; tlon of O'Hsra's operations was made by
which O'Hara was promoting, the Invsstl-
gatlon disclosed. It Is alleged, that only
one or two gave sny evidence of the values
which had been glowlr.gly set forth In t he
literature which was sent through
I mails Ui prosp(.Uvs InvaaUgslwra,
BUSiNESS INACTIVE IN PARIS ;
Higher Rales for Money and Thrrat of
Ueneral strike Caa.es
PARIS, April 9 -The financial situation :
arising from the advance in the private
rate of discount and the rumored adxance ,
In the bank rate may be described as one 1
of lna"tlvlty and expectation. It is held
that the defensive p
of raising ti.o '
bank rate would N- fully justified i-y the
reduction of twenty-six millions In the gold I
receipts and various other conditions that ;
recently have come to the public notl- e. '
The Improvement In the monetary situa
tion In New York Is believed to be momen
tary only and due entirely to the steps
taken by Secretary Cortelyou. The antici
pated reduced bank rate of discount in
London Is declared here to be unjustttlublo
and unmaintainable, and these conditions,
coupled with the lack of anything definite
from Perlin, tend to confirm the belief
that the Improvement In the International
situation Is temporary. The wisdom of the
French financial policy is not questioned
and consequently business is Inactive.
Tho confirmation of labor continues to
utter threats of a general strike to begin
next Thursday or shortly thereafter, when
It declares that fifty thousand men In the
provision trades, not counting the bakers
and the pobtmen, will turn out. The pro
. rrietors of the provision stores, however,
declare their staffs will remain at work;
the bakers declare unanimously they will
not strike, and It Is probable that large
numbers will refrain from Joining the
According to officials of the postal ser
vice the discontented letter carriers num
ber 1.5m. The leaders of the strike move
ment among the postmen probably will be
dismissed. The government has taken stepe
to carry on the postal service, In the event
ft a strike, by means of troops.
ANOTHER DASH FOR THE POLE
Commander I'rsrr Will tnrt on
Trip for Jhe orth In
WASHINGTON. April 9 -Secretary Met
lf J'11'" -ranted the appll. ation of Rob-
ert E. Peary for a three years' leuvo of ab
sence, the time to bo spent In polar ex
ploration. NEW YORK. April 9. The application of
, T I 1 ... T . T . 1 .... . . .. . .... . . f
pected the start will be made some time
Captain Robert Bartlett of 8t. Johns.
N. F., sailing master of the Roosevelt,
has been notified to come to New York
In May to superintend the fitting out of
the vessel. Commander Peary, before the
end of his last voyage, determined to select
his own crew for his next advance on the
pole, to avoid the troubles which arose
because of unruly and discontented spirits
among his last ship's company. He will
I ppk every man , uken
Sledges Again will -be ths -dependence of
the explorer and he again will follow the
American route, making a dash across the
j lce from hlg wIltcr qilarterS towards the
i pol0 w,m.h htt , niore confldent than ever
pfll If Tfl CPFPIAI PIflN
of Ml. snarl Tells Law
makers They Must Correct
JEFFERSON CITY, Mo.. April 9. The
forty-fourtii general assembly convened In
: extraordinary Bcsslon at noon today-
Among the matters recommended to come
before the special session by 1 Governor
J- W. Folk is the passage of an emergency
clause to immediately enforce the statute
passed by the regular session to prohibit
, cp track gambling.
! Following the reading of Governor Folk
i messaRe setting forth the object of the call
' ror ,he special session, both houses ad
j Jurned until tomorrow.
' An abstract fro Governor Folk's mes
! n8 follows:
! ?h 'pny-fourth general assembly of
I Missouri. In regular session, accomplished
much for the people of the state The
members are entitled to praise, but there
j 'flp,,1',;'rrL,1 VierUl"..! yU
get her In special session.
Tho forty-third general assembly enacted
a law to prevent race track gambling.
Some time last year the supreme court de
dared the act did not apply to bookmakers
telephoning their bets out of the state to
be registered. This ruling practically nul
lities the statute. I recommended to you
the enactment of a statute making it a
felony to retlster a bet upon a horse- race
either on a learkboard or other substance,
or tn telephone or telegraph a bet on a
hors'" rare to any other state to be regls-
! tered there. This statute was passed, but
tne emericencv clause was overiooKea. so
) ,ha, W1 not Kn vert unt:, j,lnp u
; of this year. I recommend that you add an
i emergency clause to your recent enacinieni
, fliftilllers having an Interest in dram annps.
Effective local option laws for counties,
towns and villages should be enacted.
HARRIMAN TO BE SUMMONED
Magnate Mnat Riplaln to Court
Reason for Refnalnar to Answer
WASHINGTON, April 9 According to a
decision Issued by the Interstate Commerce
commission today E. H. Harrlman will be
ma(jft to appear In a United States circuit
court la New York, In answer to procee.l-
ltll,M ,n ..IT,nPi him. to answer certain ou.s
,.,, .hich he refused to answer when
he was on the stand at the recent hear
ing by the commission In New York. The
action will be brought as soon us Messrs.
Kellogg and Severance, special counBel, can
' prepare the case for court.
Tlie neating before which Mr. Harrlman
appeared was In connection with certain
connections of the Union Pacific. On ad-
vice of counsel he refused to answer the I
' questions put to him. It was brought out '
' ln ,ne testimony that the Union Pacific ,
owned a large amount of Southern Pa- '
I clflc stock. Mr. Harrlman was asked '
whether any and If so, how much of that :
gi, belonged to himself, when he bought
lt and wnat rr0e he paid for It, but he
decllned to answer.
Another ouestlon which he refused to
.. .mv, .u ii.. !
.11. ".CI aim ui.viii ii. ii hit? ijiii i iiinnnjii
-..v.... ... .
UTMiri nam nan nor.ii, i 01 lllll Ally
,.. , ,v, ,.,.. ,
oi i m uirri.uiB ii. in" . nun. . ai-niL- were
1nt,r.,,e(, ln ,ne s,.le of certain share,
. ...k f ,h. v.w York cii ,,i
road at the time they were sold to the
Alabama Sheriff Killed.
Sheriff John Roderick of entrevllle, Aia
', '" ' " ..J ;
iJuriirn, a Tuscaloosa deputy, had goi
a huii.e to arrest a man named Redd
charged with burglary. As they approached
s ahot was hred from the house and Roder
ick was killed. Kadd sacapad.
J(Q' OVER EXGLNEER
Eight Msmberg of Cm noil Kame Ehaw
Andrew Rosfwa'er's Sncressor.
M ATTER RUSHID THROUGH IN SHORT ORDER
micues Leads AfM0.it o'i -ne mice 01 in
Enffit.eer on TJprer Flcor.
APPOINTEE IN CHARGE OF OUTER ROOMS
Boeewater Stands Big Ground in
i rivate t ffice.
MAYOR ARRANGES Tf-UCE UNTIL MORNING
tne.tton of Irani Title to Office to
lie Settled In the Court. Home
Lively Kplsodea Itnrlnsr
The appointment of Thomas Shaw by the
city council last evening to succeed City
Engineer Rosewater precipitated the most
sensational developments that have been
seen or heard In the city hall since tha
present city administration went Into office.
After preut ranged plans Mr. Shaw's ap
pointment and approval of bond, together
with a declaration that he was duly ap
pointed city engineer, went through during
tho regular council proceedings like greased
lightning. Then the balance of routine
business was taken up. Then followed the
grand entry of councilmen, new engineer
and followers Into Mr. Rosewater's offlcs
upstairs, where a really dramatic scens
The outcome was the summoning of
Mayor Dahlmnn, who denounced In vigor
ous terms the whole proceedings, but could
not see his way clear at the time to taks
any official action. Mr. Rosewater re
mained over night In his prlvnto office.
which Is In the corner of the engineering
department, while Mr. Shaw nnd two of
his business associates. Harry Vlckers
and John Johnson, remained In possession
of the engineering department proper
through the long vigils of the night. Mr.
Shaw, backed by the eight members of the
council who voted for him. at midnight
claimed a victory ln gaining possession of
the office, thus plating the matter up to
Mr. Rosewater to institute action.
I.eprnl Proceedings Today.
To gain access to Mr. Rosewater's private
office passage must be mude through the
engineering office, hence the advantage
gained by the new Incumbent and his sup
porters. Through his attorney, Frank Ran
som, Mr. Rosewater will this morning be
gin proceedings to secure possession of tha
engineering depurtment on the contention
that he is the regular city engineer and
that Mr. Shaw's appoltment was Illegal.
The question as to who Is the legal city
engineer hinges on the question as to
whether the city council lust evening with
out concurrence of the mayor, had the
authority to appoint an engineer.
Councilmen Bridges. MeOovern, Jackson,
Sheldon, Davis, Johnson, Hansen and
Iirucker, actlDg under the advice of the
etiy legnt department, assert they had tna
right to appoint Mr. Shaw last evening
and have had such right since the mayor
discontinued sending In appointments last
spring and further claiming that under
such circumstances the council may pro
ceed to appoint without the mayor. On tha
other hand, Mr. Rosewater has all along
contended that he was what Is known as
a "holdover." by virtue of the fact that
the person who was confirmed last spring
by the council and mayor did not qualify.
The person referred to was Jesse Ixiwe.
After Mr. Lowe fulled to qualify within
the required thirty days the mayor sent In
the name of Mr. Rosewater several times
and then discontinued sending In recom
mendations after the council turned down
Mr. Rosewater's appointment. I-awyers
say the matter now is one of charter In
terpretation which must be threshed out
ln the courts.
Itowden Lets Them In.
After Mr. Brucker's resolution, declaring
that the council proceed to appoint a city
engineer was passed, last evening and Mr.
Shaw was appointed by the eight council
men referred to, Mr. Rosewater Imme
diately left the council chamber and hur
ried to his office with Intentions of denying
admittance to anyone, but later develop
ments changed this program.
While the council was finishing up ths
halanco of the regular business Mr. Shaw
was hurried to the home of Judge Ken
nedy to have his bond approved, In the
meantime having tnken Ws oath before
Clde Drew of the National Surety company.
Tho bond was hurried back to the council
chamber ln time to be- approved. Then,
led by Councilman Bridges, MeGovern and
Jackson of the council committee on public
building, and property, Mr. Shaw was
escorted up to the engineering department
with a crowd of other councilmen snd cit
izens. It happened that at the time Super
intendent Rowden of the city hall was In
Mr. Rosewater's office, so that the callers
had little trouble In getting through ths
ounter door. SoHng the crowd coming Mr.
Rosewater hurried Into his private office
which was rushed by Councilman MeOov
ern and E. Clancey Hunt, the latter being
a World-Herald reporter. Mr. MeGovern
braced himself against the door of Mr.
Rosewater's prlvut" office and Mr. Hunt
was at Mr. McGovern's hells, but seeing
Mr. Rosewater had been too quick they
desisted from further attempts In this
direction. Councilman Bridges and Jack
son then began to show Mr. Shaw around
the engineering department when Mr.
Rosewater decided to come out of his of
fice and face the crowd.
Some Tart Dialogue.
"The new city engineer." remarked Mr.
Bridges to Mr Rosewater. as Mr. Shaw
i advanced Then Mr. Rosewater recovered
himself and spoke his mind.
"I am willing to face men. but when you
come here like a lot of bandits at mid
night, I am at a loss as to how to act.
j Act as men and I am willing to meet you
: ln the courts. But you can not rush In
here and take poss'-sslon like a lot of out
laws. I am still under bond to the city
i of Omaha and am responsible to the cltl
i sens for tho records of this office. My
bondsmen have not been released."
, ..... , m
I Vie have an engineer that Is capable of
. , , - ..
taking care of th
records. We have got
.. .... .. , , ,v., i ., . O.U..I.!1
remarked Councilman Bridges.
"Take his old record snd throw them
out Into the I. all." sail Cuiincltnian Ji'kwin
with a sh ile of uitt-ns satisfaction.
Then Mr Ro-watcr went back into his
private office and telephoned Mavor Dahl
man and Attorney Ransom. 'I"he myor
was at a theater, but re-ponded as quickly
ua possible. When h did arrive he re
buked the councilmen for their course.
Mayor Arrauara Truce.
"This is uo way to go st a thing like
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