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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 24, 1907)
The Omaha Daily JBee VOL. XXXVI NO. 292. OMAHA, FRIDAY MORNING, MAY 24, 1907 TWELVE PAGES. SINGLE COPY THREE CENTS. r EDDY CASE IN COURT Hearing of Emit Eroueht b Next Frientli Eegins in Conoerd. SUBVENTION OF TRUSTEES THE ISSUE Suite Bales that Com petecct of Mn. Eddj ii Not on Trial. TRUSTEES W.SH TO DLfEND SUIT Court Direct that Areo-meati Ba Coafiud - to This Point. DEED. OF TRUST IS PRODUCED Counsel for Mrs. Eddy Attack Motives of Volantecr Kext Friends of Head of Scientist Church. CONCORD, N. II., May 23.-There was an Interested crowd of spectators, mostly Christian Scientists, In the Merrimack county court houso today when the hour arrived f-r the hearing of the suit brought by the "next friends" of Mrs. Mary Laker O. Eddy against Calvin A. Frye and sev eral other Christian Scientists for an ac counting of the property of Mrs. Eddy, leader and founder of the sect. Women predominated In the assemblage. Judge Chamberlain announced regarding the motion made on Monday that he rulo on the question of Mrs. Eddy's capacity, that ho would not try this main question at this time. He said that arguments should bo confined strictly to the question of the Intervention of the trustees. General Prank 8. Streeter of counsel for the defense addressed the court. This suit ha said, w.a brought, not by Mrs. Eddy, but without hor knowledge and against her , wishes. Three trustees appointed by Mrs. Edtfy to tako charge of her property wished to be substituted as complainants In this suit. They asked this as a matter of legal right, said Mr. Streeter, and they appeared In court under authority of Mrs. Eddy's trust deed. Mr. Streeter produced the document men tioned. It Is admitted by both sides that there Is genuine deed dulr signed by Mrs. Eddy and recorded. Vnuer it the trustees took possession of Mi's. Eddy's property and hav since inanageJ It. i ' Provisions o. tho need. i Mr. Street?; summarised the provisions J of the deed and Its directions and reserva- tlons. He laid t special emphasis upon the sv .tlons continuing Mrs. Eddy's past policy In regard to Investments, directing tho termination of the trust' at the death of Mrs. Eddy. "If thla deed Is valid," said Mr. Streeter, ";iot mTT all Mrs. Eddy's property, but tl)la action as well has been transferred to the trustees, aid they ask that they ba allowed to carry It on.- If Mrs. Eddy's com- plency to make this deed Is regarded aa iy,terlal, then this question must be decided nit." said Mr. Streeter. " 'Next friends' fiction can be brought only when the nomi nal complainant Is unable to protect his own Interests. If the plaintiff Is not thus InranfLHtAted then the 'next friends' have A no standing in court." F Mr. Streeter quoted authority In support of this position and declared: "It la en tirely in the discretion of the court to de- i clde whether a noxt f rttnd' suit shall ba j allowed to proceed, and tn deciding thla question the court -hall be guided by the best interests of the Incompetent person in whose name the suit is brought." A. decision by Judge Putnam -of the fed eral court of this Jurisdiction was cited upon tit's point. "Vhe person volunteering to bring a suit as a 'next friend' does so ht his own risk and must be prepared to defend and vindi cate the necessity and propriety of the pro ceeding at any time when called upon aa they are how called upon," said Mr. F-scter. Mr. Kelly of counsel for the plaintiffs In terposed that Mr. Straeter had not so chal lenged the good faith of the "next friends" In any motion or answer filed by him tn thla ault Mr. Streeter replied that he was laying down a principle of law applicable to this case and Quoting his legaj authority. Peril Of Next Friends' Fnalilon Tbe perils of the position of "next ' trtaods" were dealt upon by Mr. Streeter, A wti aald that he absolutely believed Mrs. H , 12ddV Is not Incompetent. If the "next rf friends'' were to have any standing In " court they must show her Incompetent. Theso "ner 'friends" he said, are mere W'unters. They stand In peril that their act may be found to be not In good faith. "We submit," said he. "that this deed, being for the benefit of'y.s. Eddy, is valid without proof of her competency to make It which is not material and cannpt be in aired Into by this court." Continuing this afternoon Mr. Streeter described Mrs. Eddy as almost M years of nvje, founder of a religion followed by tuousands of good and true' people, who was living In peace In possession of prop erty accumulated from her publications and had made a will disposing of the property. Bild he: "From the fact that only nine years ago she had devoted almost one-half of her property to tha cause of her religion, It is a Just inference, though not In proof, that by the torma of her will she had devoted a considerable share of her property to that religion. She had one son, an adopted eon. and other relatives. She kept herself In seclusion In order to devote herself to her religion. That was the situation March t when a bill In equity was brought by cer tain next friends." i This bill Mr. Streeter analyaed and vtgor- m. ousiy attacked. -jl YOUNG BOY DEAD IN BOY HAR Bon of Prominent Resident of Sn perlor. Wis, Believed to J Have Been Murdered. SUPERIOR. Wis , May fiV.I1et 0"Nell. the 11-year-old son of Thomas O'Nell. a prominent resident, was found dead In a Northern Pacific box car today. One side ot Ms head was smashe.l and the police believe It Is a case of murder. The boy has been mlssi g since he started for school on Tuesday. TWO-CENT FARE IN NEW YORK enate of Empire Stato Passes Bill and Measure. Now Goes to Governor. ALBA N X, N. Y.. May -By a vote of 17 to $ the senate today passed the bill fixing at cents a mile the rate of psssvn cer far on all railroads over 150 rnllea In length In this state. It has already passed tha eawmbly and now goes to the gQvernoA SUMMARY OF TUE BEE Friday, Mar 24, 1HOT. 1007 MAY 1907 f UN WO) TV I WIO Mil AT X I 2 314 5 0 7 8 9 10 II 12 13 14 15 10 17 18 19 20 21 22 23 24 25 20 27 28 29 30 31 THE WXATHE. FORECAST FOR NEBRASKA Showers Friday, cooler In west portion. Saturday partly cloudy. FORECAST FOR IOWA Showers Fri day, cooler In southwest portion. Saturday fair. Temperature ot Omaha yesterday: Hour, Deg. Hour. Deg. .... 72 .... 73 .... 74 .... T3 .... 71 6 a. m C a. m 7 a. m 8 a. m 9 a. ni 10 a. m 11 a. m 11 m 61 fill , CO 60 , 62 a C7 6S 1 p. m p. m 3 p. m 4 p. m & p. tn p. m. 7 P- m I 9 p! mi!!.!...!!!!. W , DOMESTIC. I Mrs. William McKlnley was stricken j with apoplexy yesterday and lies la her j homo In Canton, O.. in a dying condition, j Page 1 Trial of the suit for possession of prop erty of Mrs. Mary Raker Eddy begins In Concord. Judge Chamberlain limits argu ments to right of trustees of the Eddy es tate to defend the suit. Counsel for head of Christian Selene- church attack mo- I tlves of parties bringing the suit. Page 1 tered undo the homestead laws Is to be i, opinion would last regardless of the Judge James Hargls is found not guilty a follows: For lands filed upon within evldonce-and they all went down on chal of the murder of Town Marshal Thomas i three months after they shall have been ( enges from tho state. iucKrui oi jacKson, n.y., Dy a jury in j Ingtou. Pag 1 Mrs. Ellen D. Patterson of Houston, Tex., Is appointed chairman of the board of managers of the Woodmen circle. Page 1 rr. A. If. Strong, president of Rochester Theological seminary, was elected prasl- dent of the liuptlst convention of Noith America. Page 8 i Speaker Cannon In an interview In Washington, says that congress will not revise the tariff because It was elected on the stand-pat Issue. Page 1 Slow progress Is made In selecting Jury for Haywood trial. The new venire was partlully examined for excuses and one talesman partly accepted. Page 1 Presbyterian general assembly passes resolution urging further reforms In mat ter of divorce. Tho report on church erection shows 208 churches and manses constructed during the year. , Page SIB-ASK-. State Board of Assessment is figuring on a new basis of arriving at the valua tion of the railroads, which if adopicd would materially change the relative as sessments of the lines, decreasing some and boosting others. New bill requiring corporations to maintain agent in the state may conceal a Joker and relieve them of the cost, of filing articles of In corporation. Page 3 S. J. Weeks resigns as register of the O'Neill Land office on account ' ot 111 health and will remove to tha coast '' Fogs 3 WABSXZrOTOS. , Announcement le made in Washington that on account of time necessary to make Indian allotments the land In Tripp county. South Dakota, may not be opened to settlement for a year. No cheap rates for families of army officers, according to the ruling of the Interstate Commerce commission. Page X X.OOAX. Reports In Omaha from the southwest ern part of the state are to the effect that crop conditions are satisfactory. The rain of Wednesday and Thursday will be of great benefit to the state. Page 1 Reports of Omaha banks to the comp troller of the currency show a gain in total resources of more than $2,000,000 over the corresponding report last year. Paare T According to figures compiled by the 1 Omaha Directory company the population of "Greater Omaha" is 172,890, of whloh South Omaha contributes 10,380. Page ft The case wherein Lee Grler, former clerk of the police court. Is charged with embezzlement Is continued In police court until Friday afternoon. Page 0 A delegation of Boston Shrtners on way home from Los Angeles passes through Ornuho. Page 6 It is intimated that Lorta It. JTIggtiis, who killed Mr. and Mrs. Copple near Pen der, will ask for change of venue, cb Jectlng to trial tn Thurston county. Pare T The annual crop report of the Union Pacific railroad shows that the total value of crops per acre in Nebraska In 1906 was 19.95. Similar statistics for other states on the line of the Unton Pacific are given. The total production In the states covered is J0C3.C01.018, from 83,144,592 acre-. Page a Frank J. North, brother of E. W. North, dies in Washington. He was son of James E. North of Columbus. Page 3 BPomr. Jacobite. 4 to 1, wins the Patchogue atakes at Oravesend. Sepoy la the only winning favorite. Page 4 Results of the ball gameal 1 Omaha vs. Des Moines 1. 6 Denver vs. Sioux City 8. a Lincoln Vs. pueblo 2. 8 Chicago vs. New York i. 4 St. Louis vs. Boston 1. I Philadelphia vs. Pittsburg 0. t Cincinnati vs. Brooklyn -0. 10 Detroit vs. Washington 0. 6 St. Louie vs. I-ioston o. 8 Cleveland vs. Philadelphia 0. 3 Minneapolis vs. Milwaukee J. I Indianapolis vs. Louisville 1. 9 Kansas City vs. St. Paul 4. MOYXatXSTB OP OCEAJT BTBAltSIIXPa. Port. ArrlTL BnUcd. . HHI OUT. .Prloiaas Alios. '1 Prr,TWC. Aawlk. K. A. Victoria. OtUtrm. NSW YORK F-rlmoM Iran. NKW TOBK... NEW TOHK... KKW YOKK... NKW YehK... Qt'UKNSTOWN It-YMOl'TH .. LIVERPOOL .. UVtKPIXt .. LON1MIN NAH1.K4 MOVTHEAl. ... a NT wear .... GENOA DOUTON Aston . Boatonttn . CaatUiAS ... -emit . KvmldlaB .. . MuilUie .... ...Sicilian. Sarralo. Uroirl. GREECE EXTENDS GLAD HAND Chamber of Uenutlea Authorises Loan of Ten Million Francs to Assist Them. WASHINGTON, May 3. -The State de partment received the following dispatch today: "Owing to great numbers of refugees ar riving Ij Greece from Bulgaria and else where in Turkey and Europe, the Greek Chamber of Deput'm, before adjourning fur the Faster hqllduys. authorised a loan of 10.OO.0u0 francs for the purpoM of fur nishing these refvgoea with the lmple menta. etc., necessary to enable them to begin life In their new b.omea,' DELAY IS SIOUX OPENING Lands ii Tripp Gannty, Eesth Dakota, Will Hot Bs Beady for Bint Heath. -naanmw NO CHEAP RATES FOR OFFICERS' FAMILIES Gamble Faction Lands Poatofflee Finns . Over Opposition of Senator Kltt redge mm- Result of Congress man. Parker's Work. (From a Staff WASHINGTON, gram.) "As coo s before the all' of Tripp V "s completed .c'v . .pondent.) .-r1 Special Tele vS .ne must elapse the Sioux Indians .h Dakota, can be commissioner of the general at th'' , wb alio India. today, "It is not possible : ..N .ate approximately the date -frvation will be opened. An .nt has been appointed by the jreau and he began Ills labors about a week ago. Under the most favor able Conditions Of Weather on,l tnltlnir nil Other nrohlema Intn onnaMcrtlnn It an- P"ars to mo that this reservation cannot be ! ltirown open to white settlement for at Kast n,na months or a year." The lands j ,,1Ht wl" eventually be thrown open to set- ! Moment and entry aggregate, approxl- mateiy acres. After tho allotments to the Indians have j ueen made it is estimated that the above menuoneu acreage win remain for home stead entry, excepting, of course, those re served for school purposes. The price .to be paid for these lands en- "inru o emry, per acre; ror lands en tered after the expiration of three months and within six months after they shall have been opened to entry, M.60 per acre, and for lands entered after the expiration of six months from the dato of their open ing to entry, $2.50 per acre. Payment for these lands will be a cash payment of one- I fifth of the purchase price at the time of entry and the balance In five equal Install ments. ?lo Cheap Rates for Army. The Interstate Commerce commission has decided that families of officers and men of tho United States army cannot, under existing law, be carried at reduced rates. This decision grew out of a question sub mitted to the Interstate Commerce com mission through orders recently Issued di recting tho Thirtieth infantry, stationed at Fort Crook, Neb., to prepare for service In the Philippines. As the families of officers and enlisted men of the command are practically required to travel on the same trains with the troops, It was asked that the War department render a decision whether tho railroads could carry the mem bers of the families of offloers and enlisted men at the same rate aa charged for the troops. The question involved was referred by Quartermaster General Humphrey to the Interstate Commerce commission and the decision was that families of officers or enlisted men must pay the full passen ger tariff rate and cannot be carried at any reduced rate. ' Victory for Gamble. The long drawn out fight over tha Mitchell, -S. D., poatofflce was ended today by the mailing of a commission to J. E. Wells. When South Dakota factions of the republican party failed to get together last summer, the. Gamble and Crawford faction winning tn the state convention and In the election. Senator Klttredge, leader of the opposition, declared open war, and the first thing he did waa to hold up the nomina tions of postmasters mado by the Gamblo faction. J. K Wells was among the num ber and congress adjourned without his confirmation. Colonel Parker, who suc ceeds Mr. Martin as congressman from the Black Hills section of the state, has been In Washington on a still hunt for several days and an a consequence today pulled j oft a commission for Mr. Wells. This Is a I distinct Gamble-Crawfc-rd-Parker victory. "It was the result of no compromise with j Klttredge," aald Congressman Parker, i "There will be no compromises with the reactionaries headed by Klttredge. If Sen ator Klttredge wants to be fair. I feel sure the Gamble-Crawford wing of the party will be fair. We have no concessions to ask, however. We are tn the fight for de cency and good order." Solid for Roosevelt. Asltcd how South Dakota felt on na tional politics, Congressman Parker em phatically said "We are for Roosevelt for the nomination and we will carry the state for him. A delegation pledged to Mr, Roosevelt will be sent to the next national republican convention. Then If it appoars that Mr. Roosevelt will not have the nomi nation the delegation will be permitted to go whither tt pleases, but the delegation will not be Instructed as to a second choice. It will have no second choice. It will be TlnnA,.l. .....II . .... " ., V"; ,r " ' ;. ' k " . ,, wholly out of the question because of his previous declaration. Tou cannot empha- ! ta out for tariff revision as a presidential!" come in gooa time as wneat was oe size this too strongly," aald Mr. Parker, j candidate and has abandoned the ,tana. annlns; to need It. aa well aa a falfa. Corn Colonel Parker paid his respects to the president today, but politics was not dis cussed. He alao aaw Postmaster General Meyer and tt la believed had a satisfactory talk with that official over the poatofflce appointments, at least Colonel Parker seemed to regard conditions exceedingly; favorable to his friends. He will leave for home Saturday, going via New York. Change tn th Army. Lieutenant Colonel John V. White, upon the discontinuance of the southwestern 1v4atnn will nrtveeA tn Omfihn nn .Tuna I 30 for duty as adjutant general of the Department of the Missouri, relieving Major Charles R. Noyes, who will proceed to Vancouver barracks for duty aa ad jutant general of the Department of the Columbia. Minor Matters at Capital. Miss Annie Butler, daughter of B. F. Butler of the Treasury department, left today with Mrs. Ralph Sabtn for a visit to the tatter's home In Hastings, Neb. Mrs. Sabtn has been on a visit to hr father and mother, Mr, and Mrs. Spelch of this city. Mr. Spelch formerly resided In Teeumseh. Ex-Senator Thurston has bean eelected to deliver the Memorial day oration at the Grant statue in the rotunda of the capltot on Memorial day. It la expected Major General F. D. Grant will be present at these exercises. E. B. Spauldlng and P. J. Rogers of South Omaha have been appointed meat Inspectoia in the Agricultural department. Max W. Wlltur of 'vVymore, Nub., has been appointed engineer tn the reclama tion service. Rural carriers appointed for Iowa routes: Dyersvllle, route 2, Bernard H. Dent myir, carrier; Louis F. Angman, substi tute; Indianola, route i, C. II. Rletschy, carrier; Harry E. Peck, substitute; La moni. route L George R. Wood, carrier; Andrew R Fowler, substitute. A postoffice haa been eatabllshed at Col- villa, Sioux county, Neb., with Zelma Brown poet maator. SLOW PROGRESS IN BOISE New Venire Is Examined for Excuses and One Juror Is Partially Accepted. BOISE, Idaho, May 23. The net results of this, the tenth day of the Haywood trial, were the partial weeding out of the talesmen of the second special venire en titled to statutory examination and the partial qualification of one Juror. The ex amination of the venire has not proceeded very far, but.it shows that re-creation of In'crest In the ' Steunenberg murder and the redlsousston of the facts established and disputed Is, by natural process, disquali fying many citizens for Jury service in the case, and Indicates that the publicity given to examination of talesmen has widely In creased popular knowledge as to the means of artistically avoiding Jury service in the case. The sixty men of the second special venire presented themselves when the judge as cended the bench at t o'clock this afternoon, and when It was announced that tho court would hear excuses, twenty-three of the sixty marched forward. Judge Wood said that he would accept only those, excuses which clearly came wltlfln the statute, and when ho made good his announcement the band of petitioners molted very 'quickly, yve petitions were flatly denied, nine wore temporarily denied and six were granted. Tha other throo petitioners did not bother to present their excuses. Then began the attempt to nil seat No. 9, made vacant by the release of Juror Orrle Cole on account of Illness. Tho first five talesmen had opinions that would, re quire evidence to change one of them said Next the clerk successively drew the names of four talesmen whose petitions for excuse had Just bean temporarily de nied in order to give them time to get certificates from physicians as to the illness of themselves or their wives, and it was agreed that tin y should all be passed until the court finally decides on their applica tions. The tenth and last talesman called was Henry Curtis, a farmer, and he gave every lndlcution of qualifying. Senator Borah led him over a long examination that showed him to be free from opinion or bias and to be quite open-minded. Just as the state passed him for cause and he went to the hands of the defense for examination, the trial was adjourned until 9:30 tomorrow morning. JUDGE HARGIS NOT GUILTY Decision of Jury' Comes Three Years After the Shooting of Cockrlll. LEXINGTON, Ky., May 2S.-Almost ex actly three years after the shooting ot ! Town Marshal Thomas Cockrlll at Jackson, j a verdict of not guilty was returned here today In the case of Judge James Hargls, the first of those who were Jointly charged with that murdar, and another chapter In the famous Breathitt county feud annals was concluded. ,. - On June 21, 1904, Cockrlll was shot In the court houee at Jackson, dying later at Lexington, where he was taken for medi cal attention, and during the trial several witnesses swore that Judge Hargls, bla brothera and Sheriff Ed Callahan had en tered Into a murder conspiracy, promising Farmers are rejoicing over the flno crop immunity to anyone who would ahoot i conditions. Weather and soil conditions Cockrlll, Dr. B. D. Cox and J. B. Marcum, j have been such that all ground Is pre all three of whom have died since by pared and over two-thirds of the corn In shooting. The defense, however, presented York county has ben planted. There was testimony tending to disprove the consplr- acy charge and Judge. Hargls, testifying on his own behalf, denied all connection with the shooting. Curt Jatt, who confessed to killing Marcum, for Which he was given a life sentence, was a witness against .Judge Hargls. The next trial In this series will be called at Sandy Hook, Ellntt county, next Mon day, when the same defendants will be tried for the murder of Dr. B. D, Cox at Jackson on April 14, 1902, a change of venue having been takn from Breathitt county. When the verdict was announced a great cheer arose from the friends of Judge Hargls, who crowded the court room. It Is believed now that the cases of Alexander and Elbert Hargls end Edward Callahan, also charged wltb comnlUiUy Jn plots to kill Cockrlll, will be filed away In the court here. The evidence ts practically the same sgelnst the other three men. as well as Bill Brltton, wno la awaiting a third trial for this killing. CANNON STILL STANDPATTER Takes Oecaalon In Interview to Say that Present Conditions Are Satisfactory. VASIIINOTON, May 53 Speaker Can- . 1 I kln a, .An. Inn " . 1 1 .4 n l"""' , , : reoort which has gained currency that he patters, yesterday aald: "I do not know where the 'grape vine' originated. The only knowledge I have tn the matter la tha reports." Mr. Cannon said further: "In the campaign of a year ago the republican ' party won a victory which gave the republicans a majority ot fifty eight In the Sixtieth congress, which or ganises In December next, upon the cry 'let well enough alone,' and I have no doubt that the Sixtieth congress so elected will be true to the pledges made In the campaign." "Just watt until congress convenes In December and get the real news and not 'think' atortes," added the speaker. In a Jocular vein, however, he replied to questions affecting tils own presidential prospects. One of his observations tn reply to the auggestion that Senator Cullom had aald 1a nimiM Via 4Via eiant v'al nlnloo tar a sa T S V V A iiv wuum us nw paiv a wjvivw w vw effect that lift would rather that the people had it in their power to make blm pres. dent than to be president WOODMEN CIRCLE ADJOURNS Mra. Ellen D. Patteraon of Honston, Tex- I Appointed Head of Board of Managers, NORFOLK, Va.. May 23. The Woodmen Circle, the women's auxiliary to the aov- erelgn camp. Woodmen of the World, tn biennial convention here, adjourned aine die today following the appointment by th supreme guardian, Mrs. Krnma B. Man chester of th following officers: Chairman of the board of managers, Mrs. Ellon D. Patterson of Houston, Tex. Committee on lews: Mrs. Fannie Fraier, Dallas, Tex.; Mrs. Emma Wobbcr, New t Orleans; Mrs. Emma Schroeder, Davenport, la.; Mra. Mary A. Gardiner, Miami, Fla., and Mra. Emma Campbell, Port Huron, Ilia, BEST RAIN OF THE SEASON Fmipitation of Wednesday Most Benefioial to Largest Area. WELL IISTRIBUTED OVER THE STATE Not Only Nebraska, bnt States Fnr East as Ohio Oct Some of This Mich Needed Blolstnre. as The best and most generally distributed rain of the spring season fell over most of Nebraska Wednesday night. The pre cipitation varied from 1.53 inches (rt Grand Island to .26 of an Inch at Omaha. The heaviest precipitations were at Grand Island. 1.52; Ashland, 1.49; Fnlrmctrt. 1.20; while elsewhere throughout the state tho average ran from one-third to one-fourth of an Inch. The rain extended eastward over Iowa, where It Is yet raining, to the Ohio and upper take regions, with heavy downpours in. northern Illinois, Indiana and Ohio. The southern part of the corn and wheat belt was not so well favored. The rain ex tended 'to the southern line of Nebraska and no rain is reported in Kansas and Missouri. The rain Is timely and will be of Im measurable benefit throughout the cattle country, where there has been some ap prehension of a shortage of grass. Cattle men In Omaha Thursday from the northern and western pnrts of the fiite say the rain means millions of dollars' benefit for the cattle country and that In the wheat and corn sections the value will be even greater. There has been a very percepti ble shortage of tho wheat stalks, but, as the berry was Just 1n Its first formatlvo stages, the Impulse of the rain will de velop the berry rapidly and that pros pects for a wheat crop are yet good. Everything; la Lovely. Albert Lewis from southwestern Ne braska, who Is stopping at the Merchants hotel said: "We have had more rain and moisture In the southwestern part of the state than has fallen In the eastern portion. Corn Is most all planted there and looks very well. We could stand more rain, but still the corn Is not suffering badly. Wheat Is short, but with continued rains I think It will cause the speculators to drop a cent or two a bushel before harvest.. If this rain has extended Into the western part of the state It will have a splendid effect on oats and wheat out there, though the late season will caus a shortage of the oats crop. We are more Interested In corn and alfalfa In our part of the country and are calculating on anywhere from half to a two-thirds aver age crop." SOIL GIVEN GOOD SOAKING Reports Indicate the Rainfall Won General. SEWARD, Neb.. May 23. (Special.) A small tornado struck Ruby, Seward County, last night at 6 p. m. and blew an elevator over; blew the Burlington depot from Its foundation and then some ot the cars from the track. Three and three-quarters Inches of rain fell here last night. There were five distinct thunder storms. The Blue river raised six feet Corn ts all up and the rain was much needed. YORK, Neb., May 23.-(Spcial.) York county was thoroughly soaked last evening. j scarcely, - If any damangeto the winter wneat, wnicn comprises m per cem oi moi cultivated acreage In York county. Oats will now make v a great growth. BRADSHAW, Neb., May 23. (Special.) About 5 o'clock yesterday evening a fine rain visited this vicinity and continued almost constantly until about midnight. The rainfall was over two Inches. Tho ground is thoroughly soaked. Some tlmo during the night lightning struck the Christian church, damaging the steeple and tower considerably. Telephones are nearly all out of order, but everybody Is happy. The drouth la broken. PLA TTSMOUTH, Neb., May 23. (Spe cial.) Yesterday mercury registered 94 de grees above In the shade, and last night I about two Inches of rain fell In this lo cality. LINWOOD, Neb., May 23. (Special.) It! began to rain here about ( o'clock last night and rained most of the night. About one-half Inch of water fell. It came Just tn time aa It was very dry. This waa tho first good rain this spring. Wheat, oata and corn were fTeedlng rain very badly. The green-bugs are thicker in the oats here than In the wheat. It is hoped this rain will stop their ravages. NELSON, Neb., May 23 (Special.) A good rain fell over this section last night. I There was from a half Inch to an Inch of rain In different parts of the county, i . ... . e as wheat was be- planting la finished and this rain brightens the prospect a great deal. NORFOLK, Neb., May 23. (Special Tele gram.) Just one-third of an Inch of rain fell today over northern Nebraska and the Rosebud. SIOUX CITY, May 23. (Speclal.-Ra1n In measurable quantltlea fell here today for the first time this spring and was general throughout northwestern Iowa, the Dakotaa at the aame time reporting scat tering showers. Rain fell gently during the greater part of the day and Uila even ing the weather bureau measured nearly half an inch. Lack of moisture has greatly retarded the growth of vegetation In this district and the rain of today will be of immense benefit. ASHLAND, Neb., May 23 (Special.) The rain last night and today has been of untold worth to the crops tn this vi cinity. A good-elaed wheat crop Is prae- tlcally assured, and the rain came in time , I rt rraal v Vifiln tha rnrn CnrmAMi mrA i . ' , 7." buslness men are tn much better spirits. Z Vu V i . 7 7 TT k The drouth wae broken last night by a rain which com-nenced about 10 o'clock and continued throughout the rest of th, night. Cropa In this county look fairly well. The winter wheat crop hae suffered some from continued dry weather and will not be more than two-thirds of a crop with favorable weather from now until harveet. ALBION, Nob.. May 23.-(6peclal.)-The ' finest rain of the auasun fell last night. ' Rain began fulling about 8 o'clock and 1 continued at Intervals during the better ; part of the night. The ground this morn- lug Is well 'soaked and crops of all kinds are put in splendid condition. HASTINGS, Neb., May 21-Centrat and western Nebraska tonight got the greatest diviiching fur a year. Three tnchea of rain fell at this place, and according to reports the downpour extended for a long dla- tame. It could not have boon mora timely, the rain of laat night being light In weatern Kttbraeka. AMMONIA PIPE EXPLODES Five Men Killed In Armour Plant fa Chlcnsro and Many Overcome by Fames. CHICAGO, May 1 -Five workmen were killed and a doten others seriously Injured this afternoon when an ammonia pipe ex ploded In the beef killing department of Armour's plant at the stock yards. The building was full of workmen at the time ond the deadly ammonia fumes, escaping from under high pressure, penetrated through every department In the building In such a short time that twenty of the mpn wpre overcome beforo they could make their escape to the fresh air. All but five of these men were drasged from the place by their companions In such a serious condition that It was necessary to take them to a nearby hospital. An Ineffectual effort to search for dead In the Interior of the building by employes wearing safety masks was mado, but they were driven back by the fumes, and It was not until six hours after the explosion that the first body, that of an unidentified man. burned beyond recognition, was taken from the fourth floor. A few minutes later four other bodies were found, ail of them having been burned In a horrible manner. A search of the plant Is still being mado for moro bodies, as all the men have not as yet been definitely accounted for. All of the dead and Injured were for eigners. NEW MOVE BY PACKERS They Will Not Iluy Cows or Heifers Except Subject to Examina tion After Killing. KANSAS CITY, Mo., May 2S.-The live stock commission merchants in Kansas City decided today on' A plan of opposition to the packers' post mortem Inspection order, Armour. Morris & Co., Swift and company, tho National Packing company and Schwartzchlld & Sulzberger notified the commission men recently that beginning Monday. Mav 27. thev would refuse tn imr. chase cows or heifers except subject to j examination after killing, with the under standing that If condemned because of a diseased condition of the moat the settle ment of the carcasses waa to be made on the packers' valuation. Tho order Is to take effect In Kansas City, Chicago. St. Louis, Omaha and St. Joseph. Tho commission merchants hero mot and adopted o resolution today that they will sell no cows and heifers to the packers under tho terms of the new order. A roll call of the commission firms doing' business at tho stock yards was read and every firm was represented. None voted against the resolution. In addition the live stock deal ers have advised their customers to ship no fat cows or heifers for the first fow days next week. SUNDAY SCHOOL WORKERS International Convention tn Electa Officers and Adjourns. Rome ROME, May 23 The Fifth International aundny school convention ended this even ing after a speech by the Rev. D. D. Tyler of Minnesota. Over 1,0000 delegates to the convontlon visited the Coliseum In the afternoon. An Imposing scene was witnessed wheh the visitors standing bareheaded, offered up prayars and sang hymns. The following officers were appointed: Vice presidents. Rev. J. C. Harzoll, mis sionary bishop of Africa; O. Waters ot i London, England ;.. Justice J. C. McLaren of joronio, canaaa; u. w. rritcnior or uom- bay. Secretaries, C. Bonner of London, Eng land, and W. N. Hartshorn of Boston. The following are the American members of the executive committee: H. J. Helna of Pittsburg, Pa.; H. A. Wells of Chicago, B. Broughton of Raleigh, N. C; F. L. Bronn of New York, D. 8. Johnston of Tacoma, Wash., and J. W. Foster of Washington, D. C. JUDGE GAYN0RCN RATE EVILS New York Jurist Addresses the Knife and Fork Club of Kansas City. '. KANSAS CITY, May 23.-Judge W. J. ' Oaynor of the appellate division of the au- premo court of New York addressed the Knife and Fork club this evening here at Its monthly dinner. Judge Oaynor spoke on freight rate abuses and said that while the actual payment of rebates la now sel dom done, favoritism Is still practiced tn many ways. He spoke of the railroad aa public highways and said the fact that they can be used to enable a few men to ; destroy business values la the basest crime of our day. He did not favor government i ownership, but said that because of this ; . favoritism It waa no wonder a growing number of people wanted the government to I take over the railroads. Other speakers were Charles H. Treat, treasurer of the United States; Colonel J. E. Brady, Chicago, formerly of the United States Signal corps, and J. A. L. Waddell of Kansas City, a civil engineer. ADOPT CHARLOTTE ARTICLES General Assembly of Presbyterians of t'alted States Takes Tot la Their Favor. BIRMINGHAM, Ala., May t3.-The gen eral assembly of the Presbyterian church In the United States today adopted the Charlotte articles of agreement calling for closer relatione of churches ualng the Pres byterian system. The vote stood 90 to 94. The effect of the adoption of the articles ta that the aouthern Presbyterian church 1 , ' T" " "u COUTlCil OI rvt' IL . vvu"v" COUIlUlt Ul lll'iui iiix-m a ivru voiiau Vllur Ullffjsl. Th decision wai reached after long discussion, A vote by roll call resulted I In 9 against the minority report and 92 In : v p j vote on the m.jorlty cmlIln(r th- BdopUon of th, artlclell of . WM Ulen OTit3Tei 8n(, adopto(, by . j maj0rlty of 2. ; ' i pcu JUflMA R flWFM nP A n ! tttV nUIVlAO D. UWtlM ULAU j MethodU Missionary frm Iowa Dire of Measles tn Sooth China. NEW YORK. May 23 A cable dispatch received from Foo Chow, China, by th Board of Foreign Mission of the Methi- dlst F.plsoopl church announces the death from mcaslo on May zi or Kev. i nomas li. Owen, presiding elder of the Duaeheng ! district, Hlnghua conference, south China, Mr. Owen was formerly from Iowa and , the mausoleum will not be delayed, accord had been In aurvlc tn China aa a mla- Uig to Mr. Maltby. aiooary sine IWai j TU lua on Uia plant will reaoa KiM j MRS. M'KINLEY DYING Widow of Marty re 4 President is Itrlckei with A pep' ex j. LOCAL PHYSICIANS ABANDON HOPE She is Unconscious and Recovery is Ee- garded as Ira possible. ' ? OR. RIXtY SUMMONED FROM WASHINGTON Eurtrcon General Will Reach Canton Early Th I Mernissr. LIGHT . STROKE CAME TUESDAY It Followed an Attack of Grip and She Uradnally Became Worse t'ntll She Became I neon aclons Thnrsday. CANTON, O.. May 23,-After a consulta tion this afternoon at the McKlnley home by Dr. E. O. Portman, the family physician of Mrs. McKlnley, and Dr. J. H Eynuin, superintendent of the Massllon State hos pital and a physician of wide reputation, a statement was Issued that there are no Indications that Mrs. McKlnley coukl long survive the attack of apoplexy from which she is suffering. The doctors say, however, that they think dissolution will not coma for a day or two. Mrs. McKlnley Is la a comatose condition tonight and It la stated thut there are ra grounds for hope of a better turn. It Is announced tonight that Surgeon General RJxey, by special railway arrangement, will reaoh here at 6:23 tomorrow morning. Instead of at 10.10 a. in. Mrs. McKlnley had been driving almost daily up until Tuesday, although she suf fered an attack of grip a week ago and Ia,er an atta of bronchitis. Tuesday ahe was stricken with a slight attack of apoplexy and her left arm became paralysed. Later she lapsed Into a coma tose state and this afternoon ahe beoaina unconscious. Slight Improvement Noted. Dr. Porlmun, after his visit to the Mc Klnley home at 11 o'clock tonight, an nounced that he found a change for tha Utor In Mrs. McKlnley'a condition. Bha was then In a semi-conscious state. When spoken to she opened her eyes slightly. Dr. Portman, however, said the changn was not such as would lead him to expect any great Improvement; neither did ha think that a fatal turn could be exported before morning. So confident did he feel on this point that he said at 11 o'clock that he did not expect to remain at the McKlnley homo during the night or make any other calls unless requested by mes sage to do so. He regarded her condition as satisfactory as could be expected under the circumstances, but at the same time could predict only a survival of a few days 'at most. Judging from the present stato of the patient. Mrs. Barber, Bister of Mrs. McKlnley, la spending the rdght at the McKlnley home. Mrs. McKlnley was Ida Saxton, daugh ter of a well-known bank president of Can ton, prior to her marriage to the third of America's martyred presidents. The only two children born to the McKlnley house hold were Ida, who waa born In 1871 and died thirteen months later, and another daughter, Katie, who lived to, be only 8 years old. Mrs. McKlnley's health waa shattered about that time and alta never walked without assistance. WASHINGTON. May 23 At 8 p. m. Jaa tlce Day of the aupreme court received a telephone message from Dr. Porteinan at Canton stating that Mrs. McKlnley waa tn an exceedingly crltloal condition and re questing Mr. Day to communicate at onoa with Surgeon General Rlxey, who had been very successful tn) his treatment of Mrs. McKlnley during her residence In Wash ington, and ask him to come at once to Canton. The aurgeon general left at T:45 this evening, which Is the earliest train for Canton, Later Dr. Rlxey received a teletrram fromj Dr. Porteman conveying similar informa tion. Dr. Rlxey took the dispatch to Presi dent Roosovclt, who waa greatly allocked by tho news. NEW YORK. May 23-Secrtary George B. Cortelyou left for Canton tonight upon learning of the critical Illness tn that city of Mra. William McKlnley. CURIOUS CASE0F DE RAYLAN Investlnratlon to Be Made, to Aaoertatn Whether Dead Russian Waa Man or Woman. CHICAGO, May 13. The mysterious cas Of the late Nicholas Do Raylan, secretary of the Russian consulato In Chicago, Is to be Investigated. De Raylan lived as a man. was married twice and divorced once, bB when he died at Phoenix, Aria., the state ment was made by those who had charg of the body at Phoenix that the supposed man waa a woman. Public Administrator Roddick haa re fused to turn over De Raylan'a estate, val ued at 86,000, to the widow on the ground that If De Raylan waa a woman there could be no legal marriage. - Mra. De Raylan, who clalma to have many witnesses to prove her assertion, declare that her "husband" waa a man. She haa sent an agent to Phoenix to exhume th body, which at the time of De Raylan'a. death was not aeen by any of his former friends. Mrs. De Raylan Buys some curi ous mistake was made whereby a woman'a body took the place of her husband's. TRIAL OF SCHMITZ PROCEEDS Effort to Secure a Jury to Uatea t Evidence Begin mt San Francisco. SAN FRANCISCO. Mar Ftv hun dred persons today thronged th audi torium of the Jewish synagogue, to which place Judge Dunne'e department of th superior court has been removed for the trial of Mayor Eugwne Sohmlts on the charge of extortion. Th examination of talesmen In an effort to aecure a Jury waa taken, up without delay. M'KINLEY MEMORIAL DAMAGED Several Pieces- of Fine Marble fur Mas!enm Ruined by Fir at Buffalo. BUFFALO, May EL Several pieces of fine marble being carved at the works of 1 qeorge Maltby & Sons in this city for the - McKlnley mausoleum at Canton, O., were j completely ruined by tire which destroyed thu' plant eurly todny. The completion of
