Nebraska Newspapers

    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