The Omaha .Daily Bee VOL. XXXVII NO. 3. OMAIIA, FRIDAY MORNING, JUNE 21, 1 907 TWELVE PAGES. SINGLE COPY TWO CENTS. X LAND MEN SENTENCED Huntington and Todd Mnst Serre Three Monthi in Jail FTffES FOE All DEFENDANTS Pred Hoyt Comet Off Easier Than Bit Associates. CASES GO TO CIRCUIT COURT Bonds Given for Men Convicted of Conspiracy to Defrand. x LAST OF LAND CASES AT OMa. Men Sentenced Tkandtr Wr Tried la April, Attor Men 1114 ta Be Principals War . Convicted. Thomaa M. Huntington and Ami B. To.ld were aentenced by Judge T. C. Munger In the United Etatee district court Thursday morning to pay a fine of 11.000 each and to be lmprleoned In the Douglaa county jail for the period of three montha. Fred Hoyt was sentenced to pay a line of Sl.UV and atand committed to the Douglaa county Jit.ll until the fine waa paid. The sentence are the result of the convic tion of tbree men after a ten days' trial In the United States district court, April 18, of conspiracy to defraud the United States out of use, possession and title to large tracts of land In Sheridan and Cherry counties by means of falae, fraudulent and fictitious en trlea and for subornation of perjury. Immediately following the conviction of the aceueed their attorneys filed a motion for a new trial and this motion was ar gued before Judgo T. C. Munger June 7. Judge Munger took the matter under ad visement and handed down his decision Thursday morning, overruling the motion for a new trial and Impoaed the foregoing sentences. Immediately upon the announcement of the senteooe the defendants gave notloe of appeal to the United States circuit court of appeala on a writ of error and executed a bond In the aum of $5,000 each. Pending the hearing and decision on the appeal to the circuit eourt of appeala the defendants will be at liberty on their respective bonds. History of the Case. The conviction and sentence of Hunting ton, Hoyt and Todd finishes the last of the big land trials held In the United States district court In Omaha. The accused con stitute the second or last group of de fendants in the famous Richards and Corn stock case. An Indictment Waa found by the federal grand Jury In May, lOOS, against Bartlett lUoharda, Will (J. Comstock, Charles C. Jameson, president, vice president and aec retary and general manager, reapectlvely, of the Nebraaka Land and Feeding com pany; Aqullla Trlplett, agent; F. M. Wal .'reott, attorney; Thomaa M. Huntington, Fred Hoyt. James C. Held, officers of the Maverick Loan and Truat company of Gor don and Ruahville, fcrtd1 Ami B. -Todd of Flattamouth and Denver, a land locating agent . The Indictment comprised forty counts of over BOO closely typewritten pages, Jn which the nine defendants were charged with conspiracy to defraud the United States out of use, possession and title to large tracts of publlo land In Sheridan ard Cherry countlea by meana of falae, fraudulent and fictitious entries and for conspiracy to suborn perjury. Case Called to Trial. The case was called for trial early In November, liMj, and by agreement of coun sel the defendanta were divided Into two groups for trial. Messrs. Comstock, Rich ards, Jameson. Trlplett and Walcott, con stituted the first group, and Messrs. Hunt. Ington, Hoyt, R.-ld and Todd the second group. The trial of the first group began Novem ber 12. 1906, and continued before Judge W. II. Munger for thirty days, resulting In the conviction of Richards, Comstock, Jameson and Trlplett and the acquittal of Walcott The defendants moved for a new trial, which was denied them. In February, 1907, and Richards and Comstock were sentenced to one year In the Douglas county Jail and ta pay a fine of $1,600 each. Jameson and Trlplett were sentenced to eight months' Imprisonment In the Douglas county Jail and to pay a fine of $600 each. This case Is now pending on appeal to the United States circuit court of appeals and probably will be finally determined next December. Second Group oa Trial. The second group oC defendants was brought to trial April 8, 1907, but at the cutset It waa dotermlned that sufficient evi dence would not be produced by the govern ment to convict James C Rcld, one of the defendanta, and he waa eliminated from the trial, The trial waa held before Judge T. C. Hunger, with Thomaa M. Huntington, Fred Hoyt and Ami B. Todd as the only defend ants. The trial lasted ten days. Pursuant to th agreement of the attorneys a vast rolume of the evidence produced during the former trial of the first group waa admitted In evidence In thla case. About thirty wlt- eses were examined orally, all of whom lad testified at the former trial. April U verdict of guilty was returned against the lire defendanta on fell the counta upon . vhlch the attorneys agreed to go to trial. Notice wsa at once given that a motion or new trial would be filed. Thla motion tti filed on June 1 and was argued June 7. Orosiid far New Trial. The general ground of the motion for a ew trial wto. that no evidence had been introduced to connect Fred Hoyt In any manner with the conspiracy; the court rrod In Some of Its Instructions to th ury, and that certain evld .ce had been xcluded and new evidence would be iroducad to show the defendant, Huntlng on, had acted In good faith and with the i!l determination of complying with all features of the homestead laws In secur ing the filing of entrymen. and that his Participation In the matter was merely that if a locating agent. la banding down his decision In the case fudge Munger ssld he had given the matter xiueh attention and "the testimony given tn the case against Hoyt was hardly suf ficient to warrant his conviction of the charge of conspiracy and the Jury evidently did sot place such a constriction on his gets. The exclusion of the Clark letters was not an error, as there had been bo proper foundation laid for the admission of sucn evidence, ror these and other r v him th motion for new trial would b overruled." Kseoi Ion to Rullus; of Court. The atU ftys for the defense at once took exception to the ruling of the court. Judge, W. H. Munger occupied a Boat on th b4 V with his colleague Judge T. C. .i , ' Continued on Second Pa" SU1.1MARY OF THE DEE Ww4 Am or la.a O HAY ' 1007 June 1907 un mom m wto m mi i 2 3 4 5 0 7 8 0 10 II 12 13 14 15 10 17 18 10 20 21 22 24 25 26 27 28 20 TXX WIATHES. Forecast for Nebraska: Generally fair nd warmer. mperature at Omaha yesterday: f. Deg. Hour. Deg. 80 I p. m 77 61 2 p. m 79 63 I p. m 80 , .... 65 4 p. m a .. 70 6 p. m 81 ,, "3 p. m W 11 . 1. .1 1 11. m mi U m.. 8 p. in 78 9 p. m 76 Judge Wv Us In evidence much of the editorial . fence In the minora mag azine to former Governor Bteunenberg and others, the day being consumed In reading the same. Pag 1. Call for a national peace conference at San Francisco has been issued with the aanctlon of the administration, whim lias It practically impossible to effect a gon promlaed the attendance of cabinet offl- j eral mobilization of the disaffected peo- Cerg- , Die. Three of the Araretllers' cnmmlMon- esiern union Telegraph company Union Telegraph promises to arbitrate wltii Individual em ployes, and through the 'efforts of Com missioner of Labor Nell. tBe strike Is called off. Pag 1. Receiver Is asked for the Kanawha syn dicate at St. Louis. rage 1. senator roraicer defends the negro soldier In a commencement address at ranged In the king's honor, and conse Wilberforce university. Page 1. quently the banquet arranged for this Secretary Root refuses to recognise tho evening at the Elysees palace has been provisional nonuuran government. 1. i oianaara uh company decides to furnish Judge Landls with the Information re queued before he pusses sentence. Page 1. Vote to admit contested organizations to the Denver land convention Indicates body Is organised against the policy of the government. Page 2. Grover Cleveland recovers from his ill ness, which Is pronounced to have been a severe attack of chronlo Indigestion. Page 1. Ambassador Bryce at the commencement of Washington university, St. Louis, sayi that the American citizen has a happy lot, and a high purpose should be Mr. 'age 1. Nealon won the suburban handicap at Sheepshead Bay; Montgomery, second, un.l Beacon Llg.ht, third. Time, 2:06. Page 4. rOKEIGK. Riot and bloodshed In southern France because of the determination of the gov ernment to suppress the wine growers' revolt. Page 1. Russian socjsl democrats crowd tho po litical prisons to the exclusion of the regular garrison. Page 1. Work at The Hague conference will be dono In committees, and a long adjourn ment to permit them to work Is likely. Page 1. irXB&ABXA Judge Sullivan for Platte county, rgues to supreme court that .Board of Assess ment should be compelled to redistribute value of the Union Pacific lumber' eaao argued before the supreme court. Pago 3. X.OCAX. Summary Thomaa M. Huntington an 1 Ami B. Todd, convicted landmen, get sen tence of 11,000 fine and three months In Jail; Fred Hoyt, fine only, and file notice of appeal. Pag 1. State officials Interviewed by mnmbors of county board assent to the proposition of taking the bonds to be Issued lor the erection of a new court house. . Page 3. Mayor Dahlman Issues Fourth of July proclamation. In which he emphasises his Intention to provide a safe and sane Fourth. Pag 7 Fairbanks, Morse St Co. prepare tholr plans for a six-story building at Ninth and Harney streets. Pag 7. Lincoln, without any apparent grounds for demands, asks same distributing freight rates as are granted to Omaha. ' Page a. Society Mrs. W. R. Llghton of Dundee, entertains friends on the eve of her de parture for St. Louis to Join Mr. Llghton In their new residence. Pago S WATERS-PIERCE CO. RECEIVER Bill Aaklns; riled la Appointment Haa Been tho Federal Court at Tti. AUSTIN. Tex., June J0.-A bill for a re ceiver for the Watere-Plerce Oil company was filed In the federal court yesterday at Sherman, Tex., by Bradley W. Palmer of Boston, a shareholder. Cheater B. Roches ter, a Sherman banker, was appointed re ceiver by Judge Bryant. The state court has already named a receiver, but the de fendants had taken an appeal from this action to the higher courta. It Is said that no effort will be made to stop the action of the federal court which Is wel comed by the company. There Is now pending In the state courts a case In which th Watere-Plerc com pany waa fined more than $1,600,000. In Ita petition to the federal court the company allege It haa offered to dispose of Its Texas holdings for S2.000.000. Judge Bryant notified the defendant that he did not In tend the receivership to laat for a long period. BOMB IN GRECIAN CHAMBER Wild Beonea A moo a Lawmakers He suit of Act of Iaoano Man Kffort Failed. " ATHENS, Greece. June SO. An unidenti fied man threw a dynamite cartridge from in g:uiery or xne vnamoer oi deputies aur- ing an all-night session which began y ester- day. The cartridge fell among th benches, western Graduates, which were crowded with the deputies, but ! a disast.r was averted by the fuse becora- I CHICAGO, June .-Vlc President Fair ing detached in the flight of th missile, banks arrived In the city today and Is the The finance minister, who was speaking gU,gt of Northwestern university. He was when the outrage occurred, rushed to th ,net by a committee of the faculty at the door, with all th deputies. Th thrower , depot and after a breakfast at the Union of th cartridge was arrested and he : League club was escorted to Bvanston. proved to be Insane. CRISIS OVER WINE GROWERS Btlrrtaar ernes In Prenrh Chamber of Deputies Over Action, of Government. PARTS. June 10. In the Ohunhaf .f T-- utles today, after a tumultous scone, dur. wnlcn pr.mier Clemeneeaa was ad dressed In Insulting terms, an Interpellation of the government on Ita repressive roaaa ures toward th wine growers waa post poned until tomorrow, when the fate of the cabinet may be decided. The premier said he had no particular deaire to roinaln ta power. VIOLENCE IN SOUTII FRANCE Troops and People Fighting- as Besnlt oi Arrests or leaders. ENTIRE ARMY C0EPS AT SCENE Crisis Threatened la Cabinet mm Result of Attltado of Govern meat Toward th Wine Growers. PARIS. June SO. Owing to the censor ship In the south only brief Items of news of the winegrowers' demonstrations had reached Paris up to this afternoon. These, however, showed that the conflicts be tween the troops and mobs were more sanguinary than at first auspected. At Narbonne three persons were killed and fully a hundred soldiers and clvi! lans, including a score of women, are said to have been wounded, several fatally hurt. The troops who were ordered to fire In the air, shot straight at the mobs beselging them In the court yard of the substitute prefecture. A whole army corps has been put In motion to deal with the rebellious wine growers, but the government claims that the forces are now so distributed as to j isolate the different sections and render men, who yesterday fled to escape arre9t, surrendered to the authorities today, and were Jailed at Montpeller. It was officially announced today that "owing to the occurrences last nlglit In the south of France," the president, aft;r consultation with the king of Skim, has derided tn nmin. ih. .iVih. ... postponed. Attempt to Barn Sab-Prefecture. The newspapers report another attempt to burn the sub-prefecture at Narbonne. A mob piled straw at the galea and set fire to It. Gendarmes fired from the up per stories and the attackers fled. It is also announced that there haa been fur ther shooting In the streets of Narbonne and many persons have been wounded. Narbonne Is described as presenting a remarkable spectacle after the night's bat tle. The paving stones used In tTie as sault on the troops encumber the streets, the walls are marked with bullets, win dows are broken and the cafes are wrecked, the furniture having been usd for building barricades. Broken bottles used aa clubs litter the streets every where. Many of the wounded are suffer ing from shot wounds and sabre gashss, or from fractured skulls or limbs. There are no signs of the dangers abating, but the overpowering military force keeps the people from assembling In large numbers. Many wine growers continue to. pour Into Narbonne from the country district and threaten to set lire to the hotels occu pied by the army offices. FORAKER DEFENDS NEGROES la Commencement Address, ' Declares . . President Haa Bern MUled tn . Brownsville Affair. XENIA, O., June 20. On the campus of Wllherforce university, the leading Institu tion of education of the African Methodist Episcopal church this afternoon, Senator Joseph B. Foraker discussed the matters developed by th senatorial Investigation of the Brownsville shooting. The occasion was the annual commencement of the col- lp- 11 followed enthusiastic demonstra- tions to the senator, both In this city and at the college. Senator Foraker paid a tribute to the colored soldiers In the Spanish-American war, declaring that "no braver troops bore the flag to victory In that contest than the Ninth and Tenth cavalry and the Twenty fourth and Twenty-fifth Infantry." He explained the purpose at the Browns ville Investigation and said: "I do not question the good faith of tho president or of the secretary of war, but when I looked at the reports and the testi mony upon which the president acted, I feel that, whether It was Intentional or not, he had been misled. "The Investigation may prove futile to establish the truth. It may never be known who did the firing but it will always be known that the men have at least had a chance to state their side of the case. If for what I have done In their behalf I am to be eliminated from public life, as has been proclaimed, then let It be known that I shall at least carry Into private life the satisfaction of knowing I have been re buked for an action I shall never regret." RECEIVER FCR SYNDICATE Attestation That Georaje J. Gould and Others Retained Proceeds of Kanawha Bale. ST. LOUIS, Mo., June .-Sult waa filed In the circuit court today by counsel repre senting John 8. Jones, petitioning the ap pointment of a receiver for the Little Kanawha syndicate. The petition Is for an accounting of the funds of the syn dicate, an Injunction to prevent George J. Gould, Joseph Ramsey, Jr., and William E. Guy, Its organisers, from exercising any control In Its affairs, and an order to restrain the St. Louis Union Trust com pany from disposing of any of the property which It holds for the benefit of the syn dicate. Mr. Jones, who Is a member of the syn dicate, alleges that Gould. 'Ramsey and Guy sold the assets for ;s, 500.000 and paid $K.BtiO,Ono to tho subseribers, placing the re mainder with the Union Trust company. FAIRBANKS REACHES CHICAGO vice President Will Deliver Con ! nieneenirnt Address to North' I Tonight the vie president will deliver the address at th graduating exercises of the university, which will bo held at the Audi torium in this city. ROOT TURNS DOWN UGARTE mited States Not Vot Ready to Hacoarnts Hondnrnn Provisional Government. WASHINGTON. June JO. Secretary Root has declined to grant the request of Dr. Angel U gaits to be received at the depart ment aa the diplomatic representative of th Honduran provisional government, which amount to a refusal to reuoirnli,, J the government at this time. BIDS ON BIG BATTLESHIPS United States Will Balld Two Vessels that Will Ontdo Any on ' TVntor. WASHINGTON. June 20. The Newport New Shipbuilding company of Newport News. Vs., with on bid at $a,OT7,0"0, and the Fore River Shipbuilding company of Qulncy, Mass., with a bid at $1,37710, were the successful bidders today for building the big 20,000 ton battleships. A naval board gave the opinion that a vessel constructed on a 810-foot design would carry as heavy armor and as pow erful armament as any known vessel of this class, would have a speed believed to be the highest practicable for a vessel of thla Jtype and class and have the highest practicable radius of action, with a total coal bunker capacity of about 2.300 tons, a speed on trial of twenty-one knota, a length on the load water line of about 610 feet and an extreme breadth of about 86 feet and 2 Inchea. The armament la to be composed as fol lows: Main battery: Ten twelve-Inch breech loading rifles. Secondary battery: Fourteen five-Inch rapid fire guns, foua three-pounder salut ing guns, four one-pounder seml-automatio guns, two three-Inch field pieces, two ma chine guns, caliber thirty; two submerged torpedo tubes. The hulls of the vessels are to be pro tected by a water line belt of armor eight feet In width, whose rfixlmum thickness Is eleven Inches, and v.f.ose croas section Is uniform throughout the length of the belt. The arrangement of the main battery guns Is to be such as to permit a broad side fire 25 per cent greater than that of the broadside fire of any battleship built, or so far aa known under construction. The average elevation of th axis of the guns Is expected to be greater than that of any known, thus affording a distinct advantage In long" range firing tinder all conditions of weather. The arrangement of the Interior will be such as to give the maximum degree of protection to sll vltnl portions of the ship by means of unusu ally effective compartmental subdivisions. The actual total weight of the hull and armory In the proposed designs for the ships Is approximately 8.000 tons greater than In the largest battleship so far built. The design contemplates an arrangement for the Installation of reciprocating or tur bine machinery. AMERICAN HAS HAPPY LOT Ambassador Bryct Says Ills Mission Is to Build Hlarheat Form of Llfo. ST. LOUIS, Mo., June 20 The annual commencement exercises of Washington university Wero held this morning, the bac calaureate address being delivered by Rt. Hon. James Bryce, British ambassador to the United States. Not only was the day memorable in college life, but It marked the fiftieth anniversary of the Inauguration of the work of the university. Upon that occasion Edward Everett Hale of Boston delivered the Inaugural address. Among the guests present today was Miss Phoebe W. Couzlna r Washington, l C who waa the first 'graduato from Washington university receiving Trie de gree of bachelor of law. The . exercises were held in a large" tent on tho campus. After prayer by Bishop Tuttle. Chancellor W. S. Chaplin made a brief address to the thirty-four graduating students and Intro, duced Ambassador Bryce. Ambassador Bryce spoke In part as fol lows: Ideals are as high In America as any where else In the world. You prize the things of the mind and the soul as being the things which make the greatness of a nation. You can the more safely do so because your material prosperity Is as sured by the marvelous resources st your command. All that can he measured In figures, be they figures of dollars, or tons, or bushels, or bales, you have already. Hnppy Is your lot compared with that of the states of Europe, for you have no ex ternal enemy to fear; you need no vast fleets or armies to protect you. In your Industries and trade there will, of course, be tips and downs, but your soli and your minerals are more than sufficient to pro vide an ever expanding employment, with an ever Increasing wealth. The unique mission which providence seems to have entrusted to you Is to show the world bow Immense natural resources may be used, not In boastf ulness or for luxury, but as a foundation on which to build ud . l.l.k.., Am. A n I II... . . . . t till,.... ii.iuini iiic; m culti vate the delights which Intellect and tastes l open to us; to set the noblest example of j a peopie nor. only prosperous and free, but enlightened, happy and contented. STANDARD IS TO DIVULGE Information Asked by Jadgto Landls of Union Tank Lino Will Bo Given. CHICAGO, June 20. It was agreed be tween attorneys ln the Standard Oil case today that the Information asked for yes terday by Judge Landls relative to the financial condition of the Standard Oil company shall be given by June . Before this agreement was reached At torney John S. Miller for the Standard Oil compony said: "We make no promises to furnish that which the court has asked and we reserve the right to oppose it. There. Is some ques tion tn our minds aa to the materiality, relevancy and propriety of the court's ac tion. We nro unable to see why the wealth or poverty of a defendant Is material when It comes to deciding the guilt or Innocence or in fixing the punishment." Judge Landls replied that the court would adhere to its rule of ascertaining the con dition of a defendant before Imposing a penalty. The court directed that a subpoena be issued 'for F. E. Fe!ton of New York, pres ident of th Union Tank line. He Is ex pected to furnish Information regarding the ownership of the Union Tank line. WORK DONE IN COMMITTEES Lom' Adjournment of lltiot Confer ference Likely- to Permit Member to Work. THE HAGUE. June 90.-Th various dele gation to the peace conference met today and selected members to be assigned to the four general committee selected yes terday. At 4 o'clock this afternoon the fovir presi dent of committees and M. Nelldoff met ) to arrange the daya on which each com mittee will meet. Aa In many Instances, eepeclaily In th case of the smaller dele gations, the sama members will be assigned to two or more committees and H will be necessary ftr th committees to assembl on different daya The real work of the conference will be done In the committees. A month will elapse before the next plenary meeting, aa the plan la to have the committee work well advanced before another full confer ence. Tht waa th procedure In 199. when there waa a rertod of twenty-eight dV!i between the appointment of the oomrjilt teea and the presentation of th firat re port. J ACCEPTS MAGAZINE ARTICLES i Judge Woods Permits Writings to Become Evidence. SHOWS ANIMUS OF FEDERATION! Only. Those Publications Bearlnsc on Chief Objects of Miner' At tacks Allowed to Be Read to the Jnry. BOISE. Idaho, June . Th article de nunciatory of Frank Bteunenberg and other figures of the labor wars of Idaho and Colorado published In the Miners' Man1ne were this morning read to the Jury that Is trying William Haywood for murder. Judge Wood permitted the Introduction of almost all of the articles offered by the state, aa showing the animus toward Bteunenberg of Haywood and the other leaders of the Western Federation of Miners, and excluded all of the articles published after Bteunenberg waa killed. The moat Important of the articles read to the Jury by Senator Borah wos entitled "The Passing of Steunenberg." It appears In the magazine Issued for January, 1901. It begins: On the 10th day of January, 1901, Frank Steunenberg of Idaho will sink into ob scurity from public view, where he shall forever lie burled, damned for the outrages he committed upon the worklngmen of the Coeur d'Alenes during the last twenty months. Continuing, It says: Four years ngo, when the president of the Western Federation of Miners helped to make this monstrosity governor of Idaho, he said he did not have 30 In cash, but four years later, In 190O, he was able to spend $4.0iX to manipulate the democratic state convention. Reference to Stennenbera;. In conclusion the article aaya: When men and women will blesa the name of Paul Corcoran, the model hue band, the honest man Imprisoned by thla filthy reptile. Stetinenberg'a name will be uttered with loathing. Farewell, Steunen berg, once governor of Idaho. Your polit ical career Is ended. You have done every thing in your power to send the men who made you governor to the penitentiary, and. worse than all. you stand before the world a convicted perjurer before a con gressional Investlgstlng commission. But your cheek has long since lost the blush of shame, and your damnable deeds will never anneal to your manhood, for such you never possessed. Your sole ambition was money, which In your estimation wns superior to honor, but rmi are gone, and upon your political tombstone shall be In scribed the indellhle words. "Here lies a hireling and a traitor." In ruling Judge Woof, said the court was thoroughly satisfied as to the admissibility of the articles appearing in the magazine, showing the animus of the Western Fed eration of Miners during the period of the commission of the series of crimes con fessed by Orchard and alleged by him to have been Incited by officers of the West ern Federation of Miners. Articles ap pearing after that period, the court said, would not be admitted. The Jury was not brought Into eourt thla morning until) after Judge Wood had handed down his opinion as to the admis sibility of certain articles from the Miners' Magazine, as showing the animus of the controlling officers of the Western Fed eration f Miners toward Former Governor Steunenberg and others. Judge Wood said ha had decided that many of the a i tides should be accepted. These were the unes printed prior to the death of Governor Steunenberg. As to articles subsequent to that date the court declared It had some doubt and would resolve that doubt In favor of th defendant. Different from Anarchist' Case.' "The evidence In the case on trial," said Judge Wood, "shows considerable differ ence to the case cited yesterday by counsel for the defense and generally known as the anarchists' case. In that Instance the state relied upon a chain of circumstances. and many of the publications there admit ted were published by the defendants themselves, and were assailed for the spe cific purpose of showing the Intention of the defendants to commit the -Time charged and their animus toward the police. "In the case on trial the evidence of the state purport to come In part from one of the parties of the defense. That witness has stated that not only has be committed the crime herein charged, but several oth ers as well, and he Is relied upon to show that the crimes were committed at the In stance of this defendant and other dfeend ants said to be the managing officers of the Western Federation of Miners. "The magazine offered In evidence appears to hav been under the control of theso officers. The court I convinced that after showing the attitude of the organization and the attitude of the managing officera, their animus and feeling toward those against whom the crimes were committed or at tempted, certain of the publications cited by the state are admissible. Articles Admitted. "This court will admit the article hear ing on former Governor Steunenberg, Gov ernor Peabody, Judge Gabbert and several others, Aa to the artlclea following the commlasion of any crime the court haa aome doubt and will resolve that doubt In favor of the defendant." "To which, ruling," Interposed Attorney Richardson, "we desire to preserve an ex ception." "It will be noted," said the court. "And would also like the ruling to state that the defense may Introduce any artlclea It deatrea from the magazine," added At torney Darrow. "The court will paa on that when It cornea to It," said Judge Wood. Senator Borah then read from a copy of the first Issue of the magazine the article written by Ed Boyce. in which he outlined the policy of the magazine as prosposlng to stand for the Interest of the Western Feder ation of Miners and In i. general way for the laboring masses against the predatory classes. Tho second exhibit, a letter from Eugene Debs and published tn the issues of February 1. was also read by Senator Borah. In the article Debs greeted the magazine and paid a tribute to the an nouncement of Its policy by Boyce. He went on to denounce Governor Steunenberg and the officials of Idaho In the severest terma as "whelps who should go back to their native hell and government landlord ism." Various Comments on Governor. Senator Borah also read from the Issue of the magazine of February, 1SC0, an edi torial entitled, "Another Outrage" and dealing with the alleged circulation of a petition by Governor Steunenberg for a continuance of the federal troops In the mining districts of Idaho. The editorial declared that Steunenberg was being well paid for prosecuting the miners' union, denounced him aa a "Hessian" and aa an "unscrupulous" person, never known to speak the truth. The next exhibit waa a long extract from a speech by Ed Boyce, president of the federation at th time, delivered on Min ers' day at Butte. Mont., In 1900. Boyce devoted himself mainly to a denunciation (Continued en second fugs TAFT TO TALK OF CANAL! a peaks at Ottawa rhantaunun After Trip to Kansas Ity Has N Sltaht told. TtANSAS CITY, June 20. After a splen did tilghfa rest at Oak Hall, the home of W. IV Nelson, the editor of the Star, Wll. llAm Vt T.lft. iKITpftrv rtf L'ar this moynlng for Ottawa. Kan., where he Is ' to speak this afternoon at the Chautauqua ! asscmniy. lonigiu Mr. tart will pass through Kansas City again on his way home from Ottawa. On the way to tho railway station thla morning Secretary Taft visited the office of Dr. James E. Logan and underwent a alight treatment for his throat. Mr. Taft appeared perfectly well and expressed him- ! self as feeling fine. He said that the rest secured last night had done him much good. Dr. Logan said later "Secretary Taft consulted me regarding a slight cold, from which he has been suffering more thrfn a month. The constant changing about from place to place with the consequent exposure has retarded his recovery. Mr. Taft Is In perfect health every other way, and as his speech In Ottawa will be his last beforo returning home, I look for his throat af fection to speedily disappear." OTTAWA, Kan., June 20 William H. Taft, secretary of war, arrived here from I Kansas City this morning to addresu the labor, and following suggestions mado by Chautauqua assembly, accompanied by him an adjustment of the difficulties be several prominent Kansas editors. Thtre tween the Western Union Telegraph corn was a crush of people at the station and i pony and Its operators haa been reached It Is estimated that there are 12,000 visitor ' and there will be no strike. Thl morning In Ottawa who will listen to his address Colonel Clowry, president of the West- this afternoon. Secretary Taft'e subject will be "The Panama Canal." He would not say In ad- vance if he would touch on politics or reply ' to tne remarks addressed to him here yes terday by W. J. Bryan. Mr. Bryan, In his address to a large crowd, urged Secretary Taft to endorse President Roosevelt's stand on the Income tax and treatment of swollen 1 'ary wnBl lne president has done," snld Mr. Bryan, "but he has not . , , . , , .. . . . . aono enougn. uemocraitc ideas nave been i worked out. Democracy, which laid the reform egg, claims to be the chicken's mother quite aa much as the hen that Is hatching It." GROVER CLEVELAND BETTER Passes Crisis of Severe Attack of In testinal Trouble, to Which Ifc Is Subject. PRINCETON. N. J., June 20. Former President Cleveland, who was taken sev eral days ago with an attack of acute In digestion, was much better,. Mrs. Cleve land Informed the Associated Press today that his complaint Is an old one, that his condition was at no time considered dan gerous, and that he Is now practically over the attack. The family declines to discuss the former president's Illness, but It is known that he has been ailing for several days with In testinal trouble. NEW YORK, June 20. Advices from Princeton, N. J., early today announced that ex-Fresldent Cleveland last night passed the danger point of another serious attack of sickness. He had, been perilously 111 for some days with Internal trouble and several physicians have been In constant attendance. The crisis haa now safely passed. Mr. Cleveland waa stricken Just after the beginning of the commencement at Prince ton university. He had planned to atart for hla summer home In New Hampshire on the day following. While he waa pre- as pre- hv his " phyal- paring to get away he waa seised recurring Illness and his Princeton clan. Dr. J. M. Carnochan, waa called to attend him. Dr. Joseph D. Brvant of New York, ono of Mr. Cleveland's most Inti mate friends,, was sent for the day after the former president was stricken. Mr. Cleveland's condition continued to grow steadily worse. The attack was dtao-nosed as stomach or Intestinal trouble. So alarm- lng did his condition become last Saturday that Drs. r,uwara u. janeway ana Ana- rew J. McCash, New York specialists, were summoned In consultation. Until yesterday, It Is stated, Mr. Clev land' condition . remained verv serious Then It took a turn for the better. Last nlght the physicians announced that crisis had passed. the WESTERN MATTERS AT CAPITAL Sonth Dakota Man Is Given Contract on the Bello Fourcho Ditch. WASHINGTON. June 20. (Special.) The secretary of the Interior has executed a contract With Cole Brothers of Ormari, S. P., for the construction of two and a half miles of an Indian creek lateral, ditch In tha Ballefourche Irrigation project In South Dakota, at their bid of U 2.709. About 12,000 acres of land, which was temporarily withdrawn for forestry pur poses. October 28. 1905. In Fremont county, I NEW YORK, June 20.-Tha Postal Telo Wyomlng, adjoining the Yellowstone na- rPn Cab,e ""nrany ve taken frTe po- tlonal forest reserve, w 111 become subject r SO next, but not to settlement September to entry, filing or selection, until October 80 next, at the land office at Lander, Wyo. Rural free delivery carriers appointed: Nebraska, Beatrice, route S, William L. Ozman, carrier; Ira Kitchen, suKVTitule. Iowa, Iowa City, route 4, Arthur 8. Huff man, carrier; Roy E. Huffman, substitute. Red Oak, route t, Henry B. Wayland, car rier; Llllle M. Wayland, substitute. A. B. Rabenold has been appointed fJTTSt niaster at Gladwyn, Louisa county, Iowa, vice E. C. Kauffman, designed. MRS. KAUFMANN CONVICTED Wife of filoox Falls Brewer Found Guilty of Mauslausihter In First Deirrre. ELA.NDREAU, 8. D. June 20-(Speclal Telegram, i The famous caso of Mrs. Emma Kaufrnann for murder, went to tho Jury at 1:11 o'clock this evening, and the Jury brought In a verdict of manslaughter ! In the first degree. It was 2.SU this afternoon when Georgu B. Egan. of Iogan. Ia.. who was engaged iby the Parkston people to prosecute the, j0(.t , our .neral .uperlntendent In Chl jcase against Mrs. Kaufrnann. concluded ra(ro Mr Ctpen follows: i the closing argument for the state, which i .. ,ay to the employes whoso he commenced at t a'claek this morning, nalm.a ar signed to the communication j resuming after the noon recess of an hour ; of recent date addressed to you and which and one half. . j you forwarded to me with your letter of At i u ociock judge Binlth commenced , june i that we are unaHle at this time to his charge to the Jury, concluding at 3:37, i ,,lvs favorable consideration to their re and the Jury retired In charge of bailiffs 1Uest f r shorter hours and Incressed to strive to agree upon a verdict. Tho ; wages. We have already done all we can i charge of Judge Smith was most thorough. land If put In print Its entirety would fill from four tor five coulmns of newpai:r space. Vessel In Distress. SAN FRANCISCO, June 30 A vessel displaying dUtrtss signal, and apparently at the mercy of the heavy seas was re- ported at a late hour laat night off Point ite hour lsat night off Point .!!! r"i W.? ".'".V!" .Z" Iteyes. When was shout thirty, miles north of this port. Towboats have started In that direction. TLe only pasatnger steamer due her from the north I th City of Puebla from Puget Sound. Thl vessel wsa scheduled to ar rive tLia mornluK, WILL BE NO STRIKE Commissioner Neil Settles Telegra pliers' Trouble. WESTERN UNION WILL ARBITRATE President Clowry Writes Letter ta Labor Official. N0 DISCRIMINATION ALL0WEB He Says Ten Per Cent Increase Will Be Paid to All. ALL MEN TO BE TREATED SAME Xo Operator Will Be Dlncharsred Bcransc of Membership or Nan Membership In Any Oraranlsatlon. NEW YORK, June 10. As the result of th vialt of Mr. Neill, commissioner of ern Union, addressed a letter to Mr. Nell, outlining the position of his company, and this Is admittedly satisfactory to all parties concerned Mr.vClowry s letter to Mr. Nell Is a fol lows: Referrfig to the conferences held be tween yourself and me and other officers of the Wtvtern Union Telegraph company, i it mi rmvinKv in nnd having In view the possible grave In- 0(,nVenleneo to the public, following any general interruption of our business. I am l" nllll"l!,"u jim mr. . i-upted by tho Western Union Telegraph company In regard to this whole matter. As to statements made by persons In no way connected wh tula compnny that tha 10 per cent grant oVl by Ihe telegraph com pany on March 1 lust has not been applied to ull salaried telegraphers, I desire to say that the telegraph .company announced thla Increase In good Talth and Is carrying It out In good faith, and that if any case can be found In whlchv the Increase waa not granted it will be corrected at once. The statement alo beiiKR mado that tho telegraph company Is cndeavorlng to neu tralise the 10 per cent advance by the ap plication of a so-called sliding scale Is without foundation. There is no such practice In efftet, nor is thertf any Inten tion of putting it Into effect, by the man agement of this company. Tho standard sularics for regular posi tions as established by the increase of March 1 will be maintained, and tijie com pany will pay to any man appointed or promoted to any position the salary at tached to that position after that Increase, and will nay to extra men the salarliV It effect for their work as of March L Via elusive of the 10 per cent. This comnnnv has not dlscrlmln asalnst. nor will It discriminate against, an empiuyn lu iim iimmi'ciiij ,,..,-., ui ,, mo tion or nonamuaiion wun any organization. and If it can be shown to me that any su bordlnate has dismissed or discriminated against any teleKrapher because of affilia tion with any organization such telegrapher i shall be restored to his position without nrellldlee. As evidence of the absolute good faith of the Western Union Telegraph company In Its relations to its employes, I beg to say that If any telegrapher feela that he haa any grievance under any of the foregoing conditions, and If he cannot aecttre a satis factory adjustment of hla complaint with the officers of the company, we will submit 1 the matter to the arbitration of threo pr- ; tn k. -elected hv th tetetTaphf! one by the telegraph company and the third one by tne telegrspn company ana me inira ', ' be selected by the two so chosen, and In ' the event that the two cannot agree upon i a third arbitrator within one week, we will : be very glad to have auch third arbitrator ! chosen by the chairman of the Interstnto Commerce commission and the aloner of labor acting Jointly. As a further evidence of our entire wlN llngness to deal fairly and preserve amica ble relations directly with our employes. irrievamw can take It ur with his superior. : either in person or, if ho wishes, through i n 1 v.?. a Visa m a v anl apt frfnYl rhn j othrP pmpiyes of the company 1n the same district. I have outlined above In brief the posi tion the Western Union Telegraph company holds In regard to matters we have dis cussed, and you are liberty to make any use I of this letter that you see fit. Yours very lru,y' "L'.VY iTesiaent unwry i leiier 10 commis- sloner Nell waa accepted by the union leaders a satisfactory and preparation for putting the strike order Into operation were halted. The union leadera said they looked upon the letter aa a concession by the Western Union of all their demands with the excep tion of the eight-hour day and the request that typewriters for operators be furnished by the company, A formal statement from the union lead ers Is expected later In the day. Position of Postal. The following was Just received In Omaha from the headquarters of the Pos tal company: . ltlon r,"nl alon lnBl " wu" nul "vu'" ' ,n tne controversy which the Western Union Telegraph company la having with Its employes. Edward J. Nally, vloe presldent and general manager, has gtvn out the following statement as to hi oonV pany's attitude: "Now that aTl lh troublea of the Western Union Tolegraph company have been adjusted I wlah to aay for the Postal Telegraph company that the atatement to the effect that thla company refused to consider requests or complaints from Us employes, either Indi vidually or as committee, Is entirely un true. We have always been very glad to meet any of our employee and to consider any matter which they might care to pre sent. "Ko rlnstance, our Chicago employes re cently made application for a atill further Increase of wages. Inasmuch a we In creased the wages of operators, chjef operators and managers 10 per rent on March 1st. and on April 1 gave the chlof operators an additional Increase and on i the same day we Increased the salaries of . mr .,.... ,nTl.e. w. dld ot feel lust! i . tln . -tin further Increase am, W(J exrlalnP1 to th,m the reasons why. r,n JllnR 1?lh , wrote . ,(.Uer on that ,ub. ! r,l in do. W cannot. In luatlca to tha company's Interest and with business prudence do more. If In the list of minor grievances submitted thcresre any that I call for attention and consideration I shall i ,a(1 t() nava yoursan d Mr. Carroll's , . , ..,, .MV,, 1 rcrmpiendutlon . to what you think should be done In each case. If there are any rules In force which may at times any rules 'work a ha rdshlp upon our employes, wo slioulj do our utmost to remedy them. Great care bould b exercised to prevent' chiefs and others from unfair enforcement of rule and rvgulutlona and from unjust aUid