HE OMAHA DAILY 'BEN: TUESDAY, MAY iw. 1P07.
EltflT JURORS FOR SCIlMlTZj!
Via tunning Hind Eook oi lUoei ii
Cbllnr;d for Cast.
ARRAIGNMENT DAY FOR MILLIONAIRES
Ilepkeae, Trarlloa and Gas
Wtn Ulvea I alii Sttiritr ta
Plead Honored More la
dletmeats Coming.
BAN FRANCISCO. May 17. The trial of
Hayor Srlirnltt, accused of extortion, was
resumed In Jilge Dunne's court today, the
exmirfnatlon of talesmtn being continued.
Bix Jurors had already been secured, and
two mora accepted during the day.
The ftate interposed a challenge fur cauae
sgalnet Otto Kelircnbach, who was tem
porarily passed by bjjlh' sides last Friday.
The ground for the challenge wa that
Fehrelihach up to Saturday night had been
running a handbook oh the Emeryville
race In connection with hli cigar stand
business at Bay and Powell streets. .
Fehrenbach confessed the accusation,
which was brought out by Attorney Ueney.
"Then," cried Ileney, "we challenge this
Juror for cause. A man engnged In vlola
latlon of the law under police protection
hows great boldness coming here and of
fering to qualify aa a juror In this case."
The time record waa broken in the ex
amination of Juror John O'Mara. Mr.
Heney passed him In eighty seconds; Mr.
Camfibell accepted him In one minute and
half, In which to accomplish a task that
usually consumes an hour or more.
Sylvester L. nray, a milliner, In a brief
examination satisfied the prosecution and
defense and Was passed Into the bog.
Both sides announced that they would
not exercise peremptory challenge against
O'Mara or Bray and these were sworn.
Eight of the Jurors have now been" ob
tained. Adjournment was taken until 10 o'clock
a. m. tomorrow, by which time a new
venire for the further selection Of jurors
will be returned.
Delmaa to Defend Telephone Men. ,
tMphln M. Delmas, the Ean Francisco
lawyer who attracted wide attention to
himself by his defense of Harry K. Thaw
for the niurde rof Stanford White, has been
retained to defend President Louls Olass
and Agent Theodore V. Halscy of the Pa
cific State Telephone and Telegraph company-.
The fit st cash bail to be offered by any
of the nineteen men thus far Indicted by the
grand Jury waa a 170,000 certified check by
Frank O. Srum indicted on fourteen count
charging fhe bribery of supervisor in be
half of the San, Francesco OAs gnd Electric
company. , ' . . -, . . .
Thin was arraignment day for the mil
lionaires and multimillionaires In the Tern
pie Israel. President Olass and Agent Hal
sey f the telephone company were ar
raigned before Judge Lawtor on additional
Indictments charging them with bribing
supervisors to vote against the Issuing of
a competitive telephone - f ranohlse. Presi
dent fwtrtck Calheun, Vice President Thorn
well 'Mullally and Attorneys Tlrey L. Ford
and William M. Abbott of the United rail
roadk" wre called for arraignment on In
dictments charging them with having;
bribed the supervisors to award the trolley
franchise, under which the tTnlted railroads
system is operated. They were given until
Saturday 'morning, June 1, to answer. In
the afternoon Ruef and Schmlts were ar
raigned on indictments charging the same
crime In connection with the supervisors
and .the I'nlted railroads. The same dis
position was made.'
Ball lit the total sum of 1810,000 was given
today by sis millionaires and Mayor
Bchmlta.
tehaaits Wants Ball Reduced.
Attorneys . Campbell and Falrall endeav
ored today to get a reduction In the $400,000
ball 'required of Mayor Schmlts, which they
denounced as "excessive and violative of
the constitution." Judge Coffey has the
matter uiidor advisement.
It .may be stated by authority that the
grand Jury has In mind the returning of
at least 100 more counts against men who
have already been Indicted. The statement
of the prosecution Is that In the several
alleged briberies of the supervlsoral board
by officials of public- service corporations,
every one of the eighteen supervisors and
the mayor himself were corrupted. Thus
far the,, grand jury has returned counts
charging the bribery of only some of the
su pet visors, and not of the mayor at all.
The trial of Louis Glass and Teodore V
Ualtty has been set for June 17. At that
Ime more than twenty-rflve witnesses. In
cluding the eighteen supervisors and Ruuf,
will be present to testify for the state.
NEBRASKA MAN IS PROMOTED
Pref, W. R, Hart of Pern Normal
Called to Faculty of Am-,
keret Callesje.
AMHERST. Mas., May CT.-Prof. R.
Hart of the Nebraska Normal school at
Peru, lias been named by the faculty of
Amherst Cftljege for the head of the new
lepartment rof agriculture to be estab-
Sshed at Amherst with the beginning of
' fall torm. The new department alms
f .gHt. i"ss Mkv .
I DOSE S' I
Is-
Ruin reaches out for the stomach
which is subjected to dosing with N
. nauseous drugs RHEUMATISM
, cannot be cured that wav
7V, patr of "LLECTRJCURA " ,kceS. They art Valur,
: own ttmpu mncdy. If your dUr , Supply you
ud us tS-w'U prepay charges. Civt '
... si, toulU, UtlXrrt mmnUd.
WERTIIEIMEtt-SWAKTS SIIOE CO
Sole Maaere Under L.Mera tmtmmk
higuu ua jotit St., bu Loai. U. 8.
L5
to promote agrlruittrre by training stu
dent and teaching agriculture, both a
an art and aa a science, not only for u
In teaching tchnlcal schools, but mora
especially for the advancement of agricul
ture at the public achoola.
FROST SUNDAY NIGHT IS BAD
(Continued on Second Page.)
crops should make rapid progress. On
the Sheridan division the average rainfall
was 1H Inches, while on the Sterling nearly
three Inches fell Thursday night and Fri
day. Wheat Is backward, but made good prog
ress with the favorable weather and rain,
and the Sterling division reports plenty of
rain to sustain the wheat until harvest.
Oats are reported as Improving. .
Corn planting Is about completed on the
.Alliance and Sterling divisions and out
of the ground. Potatoes are being planted
with Indications for larg acreage.
The Sheridan division reports' a heavy
crop of wool, which la moving to market
rapidly. Shearing la well under way and
the limbing season Is about over with con
H'derable loss reported. A" decided Im
provement In the growth of all crops and
vegetation is expected with the advent of
warm weather.
GUATEMALA WILL GO SLOWER
Threat of War from Mexico Prevents
Summary Execution of Nine
teen Prisoners.
MEXICO CITY. May 27.-3uatemala will
not summarily enecute the nineteen men
now In prison charged with complicity In
the alleged attempt made upon the life of
President Cabrera. The State department
received a note from Its representative to
the effect that the matter had been sent
to the court of second Instance for revision.
It Is believed her that Cabrera will prob
ably Instruct the court to acquit.
Mexico has f.000 men fully equipped and
on a war footh-.g now on the Guatemalan
frontier. Distributed at strategic points to
the south of this capital are 8,on addi
tional troops, which bodjes of soldiers can
be transported to the border on twenty
fours' notice. . -
While there is a disposition in official cir
cles to modify the' height of the tension
existing between President Estrada Cab
rera and 'the Mexican government, It la
admitted on all sldos that should Cabrera
carry out his Intention of executing the
nineteen men accused of complicity In the
alleged attempt to assassinate htm, Mexico
would be fofed to Intervene.
GOVERNMENT ASKS FOR TIME
Qnestlnns Relating; to Irish Bill Will
Be Discuss at Later
Date.
LONDON. May 17. When the questions
relating to the Irish bill were taken up In
the House of Commons today the premlor
asked that they be postponed for a week,
when he would answer tJAsm and outline
the course proposed by the government In
connection with tha matter.
Move for a Greater Berlin.
BERLIN, May 27. An Incipient organi
sation of greater Berlin took shape today
In the establishment of an association em
bracing .Berlin and the neighboring sub
urban towns, having a combined population
of over 1,000,000. The Idea Is to establish
an organ devoted to advocating solutions
for the common traffic and other problems
In which the entire group Of towns are In
terested. O'Brien Dined by Rovaltr.
COPENHAGEN, Denmark, May (7. Ring
Frederick gave a farewell dinner Inst night
to the retiring ' American minister, Mr.
O'Brien, and Mrs. O'Brien, Mr. O'Brien
having been appointed American ambassa
dor at Toklo, Queen Louise and all the
other members of the royal family were
present. The king expressed his personal
regret at Mr. and Mrs. O'Brien's .departure.
London Mock Jobbers Suspend.
LONDON, Msy f7.-An Important firm of
stock Jobbers, Hubert, Bnmton Sk Co., an
nounced Its failure on the 8tork exchange
this afternoon. The firm, which was es
tablished In 18M, dealt principally In topper
sharea. Including Americans and Rio Tlntos.
Ita failure tended to weaken the American
market
Borstlner Dams Canae Floods.
BUDAPEST, Hungary, May 21. The
bursting of the dams on the Danube have
caused disastrous floods In the neighbor
hood of Rudolsgnad, In Terontal county
too houses have Collapsed. Troops are
succoring the distressed inhabitants
General Korokl In Chicago.
CHICAGO, May n.-Qeneral Kurokl and
party arrived in Chicago over the Lake
Shore & Michigan Southern railroad at I
o'clock tonight The Japanese military
leader will be the gueet of honor at a ban
quet to be given by the Commercial club
next Friday night. . .
Smith's Will Admitted to Probate.
OOSHElN. Ind., May 27.-The will of
James Henry Smith, the multimillionaire,
who tiled In Japan while on a Wadding tour
around the world, waa admitted to probate
here today, .
.. ,
FURTHER DELAY AT BOISE
Special Vtnirs ii Eihanttei and Court
Adjoint Until If. day.
THREE CHALLth.ES ARE YET UNUSED
Two Men Nar Be Dlaaaallgea, Making;
Possibility that Five More Jurors
Will Re Needed Venire of
taty-Oae Men Ordered.
BOISE, Idaho, May 27. The Steunenberg
murder trial has again been. Interrupted
by the exhaustion of the Jury panel. The
last man of the second special venire was
disqualified early this afternoon and Judge
Fremont Wood postponed the trial until
Friday morning, when Sheriff Shad
Hodgtn Is to produce another special venire
of sixty-one men. The Odd number was
Jocularly asked for by the defense In he
hope of changing the luck that has dogged
the even numbers used.
The work of Jury filling Is stopped at the
vacancy created by the seventeenth per
emptory Challenge, so that there remain
three more peremptory challenges. Be
side that there Is a chance that. Juror
Tourtellotte, who objected to the Intltctlon
of the death penalty save In- war or an
archy, will be excused when It comes tlmo
to finally swear the Jury, nnd Juror A. P
Burns Is suffering from lumbago. These
circumstances leave the dato of the com
pletion of the Jury In doubt. ' They may
accomplish the trick by Saturday night
and clear the decks for the actual action
of the trial on Monday morning, and then,
again, the Jury may not be completed until
some time next week.
Sheriff Charged with Bias.
Prior to the Issuance of the new venire,
E. F. Richardson, for the defense, strongly
Intimated that the pervious lists had been
made up in a manner unfair to the prisoner.
He said that of the 6.000 cltlsens available
for Jury duty fully 1,200 were members of
labor unions. One hundred and sixty tales
men had been before the court, yet only
one of the number was a member of a
labor union, and only two others were
workingmen. He said that there were only
fifty or sixty bankers In the cout..y,xyet
nine of them had been found In the lists.
He said that the figures made another
lingular coincidence, and protested against
the talesmen being drawn from the farmer
and mercantile classes rather than from
the main body of cltlxena.
Judge Wood, In reply, said that he had
absolute confidence In Sheriff Hodgln and
aid that he would mgke no suggestion to
him as to the manner In which he made
up his lists.
Scruples against capital punishment and
prejudice against, the acceptance of cir
cumstantial evidence, rather than opinions
that gave bias, were the stumbling blocks
of the talesmen examined today. Many
a talesman, averred that he was against
taking human life under any circumstances
and they all successfully resisted attempts
to show that, the belief had been recently
or conveniently advanced., .
Veteran Holds Hla Place.
There waa a long and at times plctur-,
esque fight over the qualification of Juror
Harmon Cox, a veteran who gave up car-1
Centering to fight three .and one-half years
In the civil war. their to Join the gold
rushes of the late 80's, and then farmed for
thirty years. .The defense held that Mr.
Cox did not have sufficient mental Quali
fications to sit In so grave a case, and
tried for nearly two hours to disqualify
him. The Juror got on dangerous ground
several times, but wherever th examina
tion led and however bad things got mixed
up, he always went back to the simple
narration that he did not have ' an opinion;
that he waa without blaa and that he
would give the prisoner a fair trial.
Throughout the examination there was a
running fire, amusing and serious by turns,
by Clarence Darrow and Senator Borah,
and the former alternately demanded and
pleaded for the removal of the Juror. Once
the juror ziald he would be guided by what
his eleran associates did, but he took that
back and, filling back on his old declara
tion, kept his place. ,
Juror Tourtellotte made another protest
against his retention on the Jury. He said
that he had various doubts about his ability
to take the oathi that he thought both sides
were foolish to hold him on the jury, and
asked that he be given a chance to ex
plain and qualify one of his answers given
on direct examination. Judge Wood put
him off until Friday, when some action
will probably be taken as to his presence
on the Jury.
Only a corporal's guard of spectators
oame to the trial today. The prisoner waa
again an active member of the constant
conference at the defense's table. His wife
and youngest daughter sat with him at the
afternoon session.
COWS AND HEIFERS HELD BACK
Practically None on Sale nt Kaniaa
City and All Prices' Are Ten
Cents Higher.
KANSAS CITT, Mo.. May 27. Commis
sion men evidently had the whip hand
for the first day in the fight with the
packing houses over the latter' position
In regard to purchasing cows and heifers
subject to post mortem examination. Coun
try shippers followed the commission men's
advice and held back their cows and heif
ers. For the few on sale at the stock
yards there was a fairly good demand
from local butchers and from order buy
ers who represented small slaughter houses
In eastern states. Representatives of the;
large packing houses did not try to buy
cows and heifers except In one Instance,
In which the commission man was In
structed by the owner of the cattle to
aell subject to post mortem examination.
For these the packers paid strong prices.
Dressed beef houses bought more light
weight steers than usual, owing to the
difficulty in getting cows and heifers. On
account of this, demand prices were about
10 cents higher on 100 pounds than on Sat
urday. Neither side showed any Indication of
backing down from the stand taken last
week.
Douglas (614) Printing Co., tl4-l 8, 19th.
DEATH RECORD.
Charles Campbell.
FAIRBCRT. Neb., May 8pclal.
Charies Campbell, one of the proprietors
of Campbell Bros.' Consolidated ahows,
died at a Lincoln hospital yesterday morn
ing. He had been In poor health for some
time and when the circus commenced Its
season' tour was unable to accompany
It further than Lincoln. Saturday his con
dition became critical and his wife and
other relative were summoned, reaching
hi bedald a few hours before his death.
Frnn'l Ludlow Clark.
IX8 ANQELES. May r.-Francis Ioid
low Clark, chief engineer of the Westing
house1 Air Drake company and designer
of the Weatlnghouse air brake, died hcrt
yeserday of paralysis and heart failure,
aged years. He was stricken a year ago
In Fittsbur and came here for his health.
Paal Maris.
L08 ANQEL.E8. May I7.-Paul Moran.
soa of Thomas Moran. the New York
landscape painter, and himself a portrait
painter, died at the County hospital yes
terday. A. M. Gilbert.
NEENAH, Wis., May 27.-A. M. Gilbert,
a mllllonarl paper manufacturer, wag
found dead In bed today.
MINERS READY FOR CONTEST
Leekest Continues at Rock ferlaas.
No KaTort Being Made to
Open Mines.
ROCK SPRINGS, Wyo., May 2T.M8pec1al
Telegram.) Preparations for a long singe
and possible violence on the part of the
miners are being mada at the Union Pa
cific coal mines here. Trouble Is feared
because of the Intense feeling ' that was
. aroused during a deineiiRtrattiin here yes-
teiuay, fai iiniru Jii UJ i,iw men, i uu
demonstration was begun by a big parade.
A thousand miners were In the ranks and
Were placed In the attitude of 'openly de
fying the ccal companies which hau an
nounced that no man signing an applica
tion for union membership might hope to
remain In their employ. '
Tne'patado was followed'by a meeting
at which. "many additional miners m-ere In
fluenced to make appllcoattisn for union
cards. The next Important evr'pment
will be, the receipt of charters' from the
Vnlted Mine Worker of Arnericc for the
five locals which are to be organtxed hero
and at Sweetwater, an adjoining' camp.
No effort has been made to resume opera
tion of the mines, all of which are shut
down and the company announces that the
shutdown will be indefinite. The lack of
activity here Is reducing the coal output of
Wyoming 4,"0 tons a day.
Cltlsens Interested In Knnfmnnn Case.
SIOUX FALLS. S. D., May J. (Special.)
Now that It Is practically certain that-the
trial of Mrs. Emma Kaufmann of this city,
charged with murder, will commence at
Flandreau on June I, the people of Parks
ton, the former home Of the domestic whom
Mrs. Kaufmann la oharged with having
wantonly murdered,, are endeavoring to
raise addltlonul funds for the purpose of
paying the special attorneys who have been
engaged by them to aid In the prosecution.
Members of A legal firm at Logan, la.,
have been engaged by the Parkston cltlsens'
committee to aid State' Attorney Alpha F.
Orr of this City' In prosecuting the case
against Mrs. Kaufmann. W. J. Hooper, an
attorney formerly of Hutohlnson county,
but who. recently removed to Bonesteel, has
also been engaged to assist the prosecu
tion. The Interests of Mrs. Kaufmann will be
looked after by two attorneys, Judge Frank
R. Alkens and Harry R. Judge, who com
pose the law Arm of Alkens & Judge of this
city.
Borir of Drowned Soldier Recovered.
STURGIS, B. D., May 27. (Special Tele
gramsThe body, of Sergeant Henry Ras
seau, B troop. Fort Meade, drowned Sat
urday, was found late last night and
brought to Fort Meade. It was found
twenty yards below where he entered the
water. He still had his overcoat on, cov
ered with mud. The big steel bridge
crossing Delle Fourche river at the Mln
turn crossing was carried OMt during the
recent storm. Adolph Dlckman, ordnance
sergeant at Fort Meade, :narrowly escaped
being drowned today. He started to cross
Bear Butte creek, with a horse, and buggy.
All were turned over, going down stream
200 yards. Dlckman got out by grabbing
a small tree near the bank. The horse
got out, but the buggy was wrecked.
J. V. Winter Take Own Life.
SIOUX FALLS. 8. D-, May 27.-(Speclal.)
J. L. Winters of Hartford, a small towrt
near Sioux Falls, Committed Suicide In this
city thla morning by drinking a quantity
of laudanum. He arrived In thla city yes
terday and la said vto have terminated a
three weeks debauch Just previous to end
ing his own life. It appears that about
three weeks ago he Induced his wife to
dispose of a small piece of property and
he secured the S300 from the salo of tho
property. It is supposed that regret occa
sioned by the squandering of the money
caused him to commit suicide. He waa a
brother of Ira Winters, agent of the South
Dakota Central Railroad company at Ly
ons, and was an dtd-tlmer of this vicinity.
Rnr Promoted to lie-Captain.
YANKTON, 8. D., May 27. (Special.)
First Lieutenant Fred E. Ray of Company
H, Fourth 8outh Dakota Infantry, has Just
received his commission from Governor Coe
I, Crawford, making him captain of the
local company. Captain Ray, who Is a Span
ish war veteran, has been first lieutenant
of his company for five years. He succeeds
Captain A. D. Russell, resigned, also a vet
eran of the Spanish war.
Warm Contest for Commander.
' PIERRE, S. D.. May 27. (Special.) At
the Grand Army of the Republic meeting at
Huron next week there promises to be a
warm contest for the position of com
mander between C. T. DeJean of Plankln
ton and Warren Osborn of Yankton. They
are both old residents of trie atat and
prominent in their order, and the friends of
both are punning for their selection.
Race lor the Black Hills.
PIERRE. 8. p., May 27,-(Speclal.)-In
the race between ' the Northwestern and
Milwaukee roads for the Black Hlils, the
Northwestern has now less than twenty
five miles of track to lay, with tha Chey
enne r'ver bridged; while the Milwaukee
has about fifty miles to lay, with the bridge
over the Cheyenne, yet to be constructed.
Snnth Dakota Crop Conditions.
TANKTON, S. D.. May 27.-(Special.)-Very
heavy tains thla week have greatly
retarded farming operations and not much
advance has been made In planting corn.
Th0 rains have been beneficial to pastures.
but the benefit Is questionable as to small
grain, which needs warm weather after
such a continuous cold and wet spell.
Alleged florsethlrirea Arrstrd.
STUnaiS, S. t., May S8.-(Speclal Tel
egramsCarl Rlahor, Robert Oregg and
Wllllairl Rlstnn were arrested by herlS
Stewart of Meade county on charge of
stealing horses from Ute Indiana They
will be given a hearing today.
See the Latin quarter, "Streets of Paris,"
tonight and tomorrow afternoon. Admis
sion 10 cent.
Miss Cartls and Mlas Adams Less,
WOSTON. May 27. It required M strokes
or Iwllar to qualify In the firth annual
championship of the Women's Golf associa
tion, which began under unusually sever
conditions on the links of the .Country club
tortay. '
Mio Harriet 8. Curtla of the Home Green
ant! the national crampion, and Miss Mary
H. Adams of Wnllastim played the eighteen
holes 110 up In an even ninety strokes. 81a
others qualified.
COFFEE
DELAYS
DIGESTION
POSTUM
iisajtfSs AIDS IT.
tier
"ThsjiV a Reason"
LUMBER RATE IS 100 HIGH
(prang Court Uohsldi Deoiiion of Inter
UU Oornmcrc Commission.
IMPORTANT LAW POINT IS DECIDED
Right to Prohibit Inerenee la
Freight Rates Is Delaltely
Affirmed by Conrt of
Last Resort.
WASHINGTON, May 27. A decision fa
vorable to the Interstate Commerce com
mission was rendered by the supreme court
of the United States today In the case of
the Southern' Railway Company against
a Georgia lumber firm, H. II. Tift ft Co.,
Involving the right of the r.ommleelon to
prohibit the railroads from advancing
freight fates on pine lumber from the south
to Ohio river points. The opinion was
handod down by Justice McKenna. The
suit waa the result of an order by the com
mission commanding the railroad company
to desist from collecting an advance of 2
cents per hundred on lumber shipped from
the southern states to Ohio river points
because the new rate waa "unreasonable
and unjust. ' The company appealed from
this ruling to the United States circuit
court, but both that court and the circuit
court Of appeals for the Fifth circuit sus
tained the commission's o.ier and the trial
court entered a decree enjoining the road
against the enforcement of the advanced
rate. The decision rendered today affirms
all of the previous rulings. The case ha
attracted much attention. It was only a
test suit, as the advance in rates was mada
by all the southern roads and one of the
charges was that the roads had acted In
concert to raise prices contrary to the anti
trust law. It was shown that some of the
roads had not complained of the old rate
as unremuneratlve, but had explained the
advance as In pursuance of a desire to
share In "the phenomenal prosperity of the
country,"
The decision was regarded by the Inter
state Commerce commission as greatly
strengthening Its hands.
Involved with this case was another,
the Central Yellow Pine association, against
the Illinois Central railroad) et al. In this
the lumbermen contested the right of the
railroads to advance the rate t cent a
hundred pounda on yellow pine lumber
from East Louisiana, Alabama and Mis
sissippi to Ohio river points, Bvansvllle,
Louisville and Cincinnati. In both esses
the commission Issued orders forbidding
the enforcement of the advanced rates.
The decision of the commission was ren
dered by Commissioner Clements, dissent
ing opinions being submitted by Chairman
Knapp and Commissioner Flfer. On ac
count of the divided commission the Case
were taken Into the courts.
Both cases Involved large amount and
question of law ' of vital Importance.
Philippine Tariff Order Valid.
In the case of C. Helnsten Co. agalnat
the United State, decided today by the
supreme court of the United States
favorably to the government, the
Court waa again called upon to
deal with the effect of the executive
order of President McKlnloy of July 1?,
1838, providing for the collection of duties
on Import Into the Philippine island "as
.Illtary contribution." Heinssen and his
partner were subject of Germany - and
were, at the time the order went Into effect
and afterward, engaged tn business In
Manila. During . the years 1EM, 100 and
1901 they Imported merchandise from the
United States into the Island on which
they paid $16,827. duty, and suit waa brought
tn the United State court of claim to
recover the fnoney on . the . ground that
after beginning of the treaty of peace
with Spain the Philippine were not ' a
foreign country and consonUently no Im
port could ' be Imposed on good shipped
from the United States proper to the Is
land. The opinion was by Justice White
and reverses the- decision of the court of
claims, which decision supported the con
tention of the claimants.
The decision was a departure from pre
vious ruling by the court. Justice Brewer
and Peckham dissented.
i Grafton Harder Case Reversed.
The case of Homer E. Grafton against
the United States. 'which has attracted con
siderable attention, was decided by the su
preme court of the United State today
in favor of Grafton. Grafton Is a private
In the United States army and he Was
charged with the assassination of two Fili
pino natives at Bulrlrars, P.' I., on July 24,
104. He claimed to have been attacked
and to have shot the two men In solf-de-fensfrand
was acquitted by the court mar
tial which followed. The civil authorities
of the lslandr, however, took the matter In
hand, with the result that Grafton was
sentenced on a charge of homicide to a
term of Imprisonment of twelve years.
Grafton brought the matter to the su
preme court of the United State In a writ
of error with tho result that the decisions
of the Philippine civil courts were both re
versed. The opinion was announced by
Justice Harlan, and proceeded upon the
theory tht Grafton's life could not twice
be put In Jeopardy and It was by trial In
both the military and civil -courts. Tha
opinion order that Grafton be discharged
from custody.
Case of the Two Virginias,
The supreme court of the United
State today overruled the demurrer
of the state of West Virginia ' In
tho original proceedings of that state
by the state of Virginia, In which the lat
ter state seek to compel the former to as
sume a portion of the indebtedness con
tracted by Virginia before the creation of
West Virginia. The order was announced
by Chief Justice Fuller, who said that there
could be no doubt of the Jurisdiction of the
supreme court in the case. v
THE SALE j)F THE HOUR
How the Berger Rankrapt Stock Is
Belog Handled by the
Bennett Company.
It leaked Monday as though every woman
In Omaha didn't know of any other store
In town than Bennett'. Nothwtthstandlng
the big store's well known, splendid or
ganisation, the crowds looked yesterday
morning like being sufficient to annihilate
all arrangements made for the big sale.
The Omaha woman Is the quickest In the
land to snap at a bargain, and there Isn't
anybody In the world more critical In de
termining whether the article Is a bar
gain or. not. The capacious second floor
of the big Bennett store, bright and early
this morning, waa swarming with eager
femininity. A Slight inspection of the ar
ticle, a 'ook at the tag showing Berger'
price and the price at which the article
could be bought, and out came the words,
"This Is mine; wrap It up."
Everything waa grabbed at and triumph
antly carried away. The dainty crepe d
chine waist, selling for next-to-nothlng;
even the heavy beaver furs, which Berger
had Intended to open his winter campaign
with, "all guaranteed to be the latest
Fifth : arenas model and Just received
from the furrier," -were- bought with the
same eagerness. This la surely a remark
able Instance of ths realities power of a
bargain, when people would buy heavy
fura with June at our doors.
Mr, J. E. Baum, president of the com
pany, declared Monday morning that he
hoped the example shown by his Arm-la
tJtt nothing was permitted to be sold as
lOth AiMD J HOWARD
SODAY was just a repetition of Saturday's
great crowds. The great values we are of
fering have created an intense interest among
value knowing and money saving public. A)
Join the Crowds to the Daylight Store
Great Silk Petticoat Sale Tuesday
j?lain and fancy colored, Mack,
able silks, in pleated and rutflcd flounces. These
skirts are actually worth $7.00, $10 and $12.50.
We are coiner to sell them Tuesday for
CORSET SPECIAL Medium and high bust, long and short
hips, extra good quality. Made to sell at 75c; 0r
but for Tuesday only, at, each .JrJ
Beautiful Tace Veilings for
Tuesday's Great Selling
Hundreds of yards of fine
veilings that are splendid
qualities, up to 35c, in all
desirable colors, all go on
sale Tuesday (and Z1 '
Tuesday only) yd.J 2C
Tuesday's Special Snaps in (he Dig Basement
5c Granite Enameled Ware
Ihousands of pieces of graj
granite enameled ware
cooking utensils, all perfect,
good, and every needed
thing that's useful in the
kitchen. .Your choice C
Tuesday, each J C
In the White Grocery
You share in our profits on every cash purchase.
1 Flour has advanced about $1.00 per barrel, but we were for
tunate to have purchased
48 pounds Daylight Peerless Flour for $1.30
12 bars of Laundry Soap for 25c
Blue Ribbon Crawford Cheese, per lb .25t3
Lovers of rich snappy cheese will enjoy this.
New Potatoes, per lb.' -2V6c
And profit saving coupons in addition.
These are just a few of our many specials. Visit our
department, see our magnifioent premiums and you will be
convinced that all that's good you'll find in the Daylight
Grocery.
part of the Berger stock unless It was
really an item of the Berger Htock would
be followed by others, for If followed, sim
ilar success would be sure to result. , "It
never pays to fool the public.", said Mr.
Baiun with emphasis, . . .
GIVE AID FOR TABITHA HOME
Assessment of Two. Cents , on Bach
Member of General Synod '
for Rapport.
.... .
BUNBURY, Pa., May 27.-At today' ses
sion of the general synod of the Lutheran
church a proposition to make an assessment
annually of 3 cents on each member of
the general synod for the support of the
Lutheran home at Lincoln. Neb., was
adopted after a long discussion.
Dr. 8. W. Owen, president of the synod,
and Rev. E. H. Delk of Philadelphia, op
posed the proposition, claiming that It
would divert fund from the home In Wash
ington, D. C.
Visit the Japanese tea garden, Audi
torium, "Streets of Paris," afternoon and
evening. Admission 10 cents.
Announcements of the Theaters.
Miss Ethel Barrymore ha changed her
plan so that she will begin her tour of the
west at Omaha on Monday night next. She
will come here direct from Chicago and
will play on Monday and Tuesday nights
at tho Boyd theater. This has been posi
tively determined on. The seat sale , will
begin on Friday morning of this wet k.
The regular professional matinee will be
given at the Burwood thoater thla after
noon. "Zlra" being the bill. In this play
Mlas Lang has tho first really strong
emotional role she has played in Omaha,
and la making a great success of It
You cannot have healthy chil
dren by improper feeding. Let
them be reared on good, healthy,
nourishing food like .
WHEAT FLAKE CELERY
to make them a nation of phys
ical and mental workers. . Its the
oest food for growing children,
the feeble and the aged. . (
10 ctnts a package.
For by all Grocer
HAND
SAPOLIO
FOR TOILET AND BATH
It make the toilet something; to be en
joyed. It remove all (taint and rougbnen,
prevent prickly heat and chafing, and
leave the ikin white, soft, healthy. In the
bath it bring a glow and eihllarition which
no common soap can equal, imparting the
rigor and life sensation of a mild Turkish
bath. At.L 0--r avo Dwcoit
'mm-
L
Dresden designs and change
f C1C
i A Grand Handkerchief
Chance Ladies' fine -Irish
linen initial and embroider
ed handkerchiefs that ore
superb values up to $1.00
each, are offered you Tues
day for only 171
each W 2C
)y2c Toile DuNord Ginghams
Here you will find Tues
day a very choice selection
of Toile Du Nord Ginghams,
beautiful checks and patterns for
Bummer wear that are only
equaled In these qualities every
yard 1 worth 15c, but g
for Tuesday's selling j fnC
only per yard ewV
ahead and offer at old prices
YOU CARENT ' I
TYPEWRITERS 1
ANY MAKE rOR
$).50
Jr Per
Exchange Typewriter Co.
1 1822 FAKNANSTS.
Phone Doug. 3874. Oman, NeV
AMl'SEMENTft.
WL'.'owaissn i
boyd's vjir.:r.. M6r.
AZiTj BT71CKZB
THE BEOOAJg FBIHCB OPEBA OO.
S2ffi.YL-The Mikado
Hatlnee Today.
Thursday TUC nrtUFMIlN ftfPI I
BaLWeek ""- ""-!
Mats., 85 I nights, 8 5-38-6 Oo.
' n MnnHnv a TiipMitftv.' .Tiino and 1-
BTH1L BAJtBTMOHB.
Burwood u
TOBTIQHT AX I. WEII .
Professional Mat. Today,
EVA LANG and COMPANY
in ZIRA
Kats., Tuesday, Thursday, Saturday.
Meat wees I jl auiai. ruui.
irOiirt, THEATER
a Price, lO-BO-aSo.
Tonight' gTis Matinee "Wednesday
ELMOUK STOCK CO., In
THE ELEVENTH HOIK.
Thursday Aa Orphan's Prayer.
IOcAITOMIIOc
STKEETS OP PAKIS MAY FESTlVAli
Afternoon and evening untll'Juna
lst.
Everybody Invited. , .
OMASA'S POLITE BESOBT,
KRUG PARK NOV OPEN
vTwwa nviri SAWS Ann Monrrr a y.
ATXBACTIOBa.
EXCELSIOR CAFE
1204 Farnam gt.
REGULAR DINNER
KCVTA Ort BPECIaI
ROAST Z J O CHICKEN
UEtP DINNER
with bottle Burgundy
35o
TABLES RKSKRVED FOR LADIES.
Short orders
Special Diniwr
nerved
Dunaays
Spring Catering
to the coquettish appetite we mnke a spe
cialty of, and 'ffnr all kinds of palate
tickler in dainty spring chicken, broiled
or fried spring lamb uud fruit enure.
Everything couked to a Queen tast
.
ITHE CALUMET