1 The Omaha Daily Bee VOL. XXXVII NO. 6. OMAHA, TUESDAY MORN NO, JUNE 25, 1907 TWELVE PAGES. SINOLE COPY TWO CENTS. 1 IK ( DARROW STATES CASE Attorney for W. D. Haywood Outline! Theory of Defenie W.0T 10 BBEAX UP UNION Conspiracy on Part of Mine Owners ii Alleged. SEAL MOTIVE OF OECHABD Eayi Be Killed Steunenberg Oat of Desire for Vengeance. NOW PLANS TO SAVE NECK Hopes by Swearing; Falsely Against Defendants at Instance of Plakertoas to Secure Panlta. noiSE, June 34. A great crowd gathered thl morning In the room where W. D. Hay. wood la on trial, to hear the speech of Clarence g. barrow, denning tha purposes of the defense In combatting tha evldenco put In by the state. Tha formalities of opening the session at n end, Mr. Darrow at once took up hla Place directly In front of the twelve solsmn vlsaged men In the Jury dot and began In the alow, mellow drawl characteristic of him to atata the theory and plan of the defense to be offered for hla client. Mr. Darrow reminded the Jurors of tho Instructions given them by the court that they are to keep their minds entirely open a to the guilt or Innorense of tha accused man until all the evidence from both aides has been Introduced. "You have listened to the theory and the ivldenee of the state," Mr. Darrow pro ceeded. "Mr. Hawley has covered a wide ground In hla opening for the state and we will have to meet him step by step. The defendant here la charged nominally with the murder of former Governor Steunen berg. There had to be some nominal charge. But the state has told you the case rests upon a giant conspiracy of which the defendant, among others, la a part. "The state's attorney has told you the murder of Governor Bteunenberg was but an Incident. They have told you the West ern Federation of Miners was an organisa tion to commit murder, to control pollttca. ' to hire lawyers and other criminal things. Birth of tho Federation. "Part of this Is true; part of It Is not true. It Is true there Is a labor organisa tion known as the Western Federation of Mlnera. It la true the Western Federation of Miner has spent money for lawyers. It was unfortunate, but most people have to employ lawyera at aomc time or another. This organisation waa really born Ifi 1891- 1893, light down In a cell beneath this court room, where Ed Boyce, the first president. waa a prisoner and where now the three men charged with this murder are await ing the Judgment of this Jury. To start Orrt wrthtHey -hired 1nwyar,nnd they hired the best they could. They hired Mr. Haw ley. now the leading counsel for the state. Mr Hawley laid out the plon of their or ganisation for them; he advised them he was the godfather of the Western Federa tion of Miners and the men who formed the organisation thought It waa an Inno cent undertaking. ' Mr. Hawley waa their flrat attorney and continued as their at torney for a long time. If there was any thing criminal In their appropriating money for a lawyer the miners Aid not know It. "The Western Federation of Miners Is an Industrial, not a murderous organization." Work of tho Federation. The Western Federation of Mlnera did all It could to pass the eight hour law In Colorado. Utah and Montana. It tried to elect friendly United States senators. It tried to elect Mr. Hawley, but unfortun ately failed." Mr. Darrow went on to say that there was no claim that the Western Federation of Mlnera waa an organisation of angels. "Angels do not work In the mines," de clared the attorney, "they are the mine owners." Mr. Darrow wont on at length to outline the organisation of the Western Federa tion of Miners. He declared It was noth ing but a beneficial association, trying to uplift He class. It was not until ten years after the organisation of the union that either Haywood or Moyer took office In It. "We are not hero to apologise for any thing the Western Federation of Miners lias done." declared Mr. Darrow. It haa been a fighting organisation from the first and If It dies It will die a fighting organisa tion. It haa had a troubloua career; It has been opposed by every device of the mine owners, but It haa prospered. Before the Western Federation of Miners came Into existence the miners had to work from twelve to fourteen hours a day. When they ranted food they had to boy tt at the tompany atorea. When they were Injured they were taken to the company hospitals. Whero there waa little difficulty getUng a statement releasing" the company from all tamagu, i "The condition are vastly different to lay. The Butte union alone haa produced more than $1,000,000 to the widow and or phans' of Its members this during tha time ahla alleged criminal conspiracy existed." Opposition to Union. Mr. Darrow went at some length to show The trouble and opposition the union haa ' lad alnoa Ita Inception. In eome oommunl Ilea, he declared, the president of the or ganisation when ha went to visit the miners waa refused both board and lodging by the mining companies. 4 "Arrests have oome thick and fast," ths M attorney continued. "Some of the charges V pro purely imaginary and In ninety-nine laaea out of a hundred tho men have not ran been given the grace of a trial. As looa as tha Western Federation of Mlnera . stta born tha mine ownera went about to destroy It and as the chief means of de It ruction they hired the Plnkerton detec tive agency, with one McPartland at its head. We will enow you that thia agency haa been buay aleuthlng, following, work ing and lying to get these men. We will show that they have hired detectives and placed them in poettlona of responsibility as spies, secret art as and presidents of local unions; that these hired men eonetantly advised the miners to strike and when a strike waa on they counseled violence, dy namite and murder. They did It at Tellur ic; ther did It at Cripple Creek and many Other places. risktrleas Chief Paotor. Wo will ahow that, the Plnkertea de talve ageacy haa been a chief faotor In this case from the very beginning. They havo organised themselves Into a band to spread calumny lagatnst the Western Fed eration of Miners. We will show that in one caae, where a cage fell beoauac of de fective machinery and alxtoea men were allied. It wee laid to the Western Feder- aPoatloved on Seoood Pag. SUMMARY OF THE BEE Tuesday, June 85, 10T. 1907 June 1907 Sua mom rut wta rnM rai gai X 1 1 2 3 4 5 6 7 8 0 (0 II 12 13 14 15 16 17 13 19 20 21 22 o 24 25 26 27 28 29 i WZATIEa. NKBnASK A Partly FOREC );.' rlntiriv nni - a - ... 1: yesterday: Hour. 6 a. m a. m 7 a. m 8 a. m 9 a. m 10 a. m 11 a. m Urn Deg. .... .... SH .... M .... m .... 91 .... 87 .... S2 .... 77 .... n ...'I k. . n ...76 ''v ...V 6.'.;.'' ... 7 p.A ... 84 8 p. I. ... iti 'r. I p. ID.. DOKSSTXO Clarence 8. Darrow makes opening state ment for the defense In Haywood trial, giving a scathing arraignment, of the state's evidence. Pago 1 Three tornadoes visit Medicine Lodge. Kan., In one night, killing one and injur ing many. Tornado visits Kalamazoo, kill ing one. Page 1 San Francisco telegraph companies re fuse to recognize the operators as a body and insist that they are handling mes aagea with little trouble. Psf 1 Louis Blaas will have his trial next In San Francisco. Page 1 King Charlea of Portugal refuses to adopt repressive acts advised by Premier France with respect to rioters. Pace 1 Many mllllona to be distributed in divi dends by big corporations In July, the record exceeding any July In history. Pago 1 James Van Carter, supposed to have been killed In Wyoming, reported safs on a ranch In Utah. Page 1 Supreme court orders William Campion, twice pardoned by Governor Ulckey, sent to Jail until he paya flno of Seward county court. Page 3 Trial of "Cotton Leak" Holmes haa been resumed at Washington. Page 1 Former Judge W. H. Loving of Huston, Vs., la being tried on charge of murder, hla defense being the "unwritten law." Page 1 Mutinous troops of the French regi ment that sympathised with the wine growers have been ordered to the high Alps. Page 1 Premier Campboll-Bannerman proposed resolution limiting the power of the House of Lords with respect to legislation. Page 1 Dan Ri Hanna, recently divorced, was married at Cleveland. Page 1 Former Judge Franklin Ferrla has been appointed to take testimony in the Stand ard Oil case at St. Paul. Pags 1 Japanese proprietors of the Horseshoa restaurant In San Francisco will sue the city for damages caused during tho riot. Page 1 i STXBBA8XA " Awditora t railroads tall comHnlaslonera they cannot file reports .as demanded by the new law, but will do so as far as able with tho Information In their possession. Secretary of State Junkln refuses to sign any more university arrants unlens vouch ers are filed. Referee Lindsay commences taking of testimony In case In which Union Pacific aeeks to know how Board of Assessment arrived at the valuation of that company. Pardon Issued to Wil liam Campion of Seward not good. Dr. Wilson of Tablo Rock appointed Inspector of Board of Health. Page 3 fcOCAi. Aa result of St. Joseph Live Stock ex changeSs adoption of the post-mortem In spection rule large consignments of cattle from territory heretofore exclusively held by St. Joseph come to South Omaha, Pago 1 Between the dog muszle and dollar gas Mayor Dan 1 man finds himself hard pressed to exercise hia Initiative and referendum for the latter. Pae 3 Young Men's Christian association fires first regular gun In the campaign for f 90,000 to wipe out balance of debt on Its new building. Page 7 Postofflce officials are engaged in pre paring for the general advance of salaries to all the clerka and letter -carriers on July 1 under new regulation. Pago 11 Body of Tom Heron, the switchman drowned In Cut-Oft lake Sunday, Is re covered. Page T City officials have strenuous time try ing to arrive at common ground In fram ing the ordinance to regulate milk dealers. Page a Society Season when hostess make complaint at failure or Irregularity of guests In responding to Invitations. Page 5 Contract for a substation for the Inde pendent Telephone company at Twenty fourth and Cuming streets Is let. 'age T XOTZ1CEBTTS OP OCX All BTBAMSHITS Nrt. Arrival. Balled. LIVERPOOL UVEBPOOl, HAVRE .... POVEH .... LONIKJN ... ..Tanlaiaa Oarthaaanla .... ...to Provssee ... ...Mount Tempi.. VaSarUnd. 'MencoMu. QUASUUW SOUTHAMPTON .gt Louli.. KOTTBHDASl .. UOVIU-B OsMoola . rrCMB NAP1.BS Ultorla .... Ql'EENSTOWN . BOSTON - . Sutootfara. .. Purnaaala. I alavonla. Ambria. Boaloaiaa. TO CONSOLIDATE BREWERIES " Honor that St. Loots Firms Have lu Contemplation Organisation of Big Trust. ST. LOUIS. June 84. A meeting Is being held this afternoon behind closed doors In the office of Attorney E. C. Crow, former state attorney general, attended by repre sentatives of a number of breweries. The purpose of the meeting can only be con- j lectured pending a statement, but a wen defined rumor Is current that an IS.OOO.OOO ' brewery combination la being effected, j James 8. Bratley of Toledo, O.. Is here and I It is stated he la a moving factor In torm I ng the consolidation of nine St. Louis breweries. I Dee Molars Man Killed. CRE8TON. Ia., June U (8petial Tele gram.) Charlea W. Bartholomew of Des Moines, a teamster, visiting at Afton. was accidentally killed In a runaway south of Afton last evening. . He and a companion were returning to the city driving recklessly. The wagon struck a fence post and both were hurled out. Bartholomew's neck waa broken. His companion was uninjured. This Is the third sudden death at Afton In a week. Bartholomew was M years old and had been recently divorced at Dee Motnea. Mar Sliver Pwrrhaaod. WASHINGTON. June 14. The treasury department today purchased 100,000 ounoea of silver for delivery at Now Orleans at 17 M cec la. per fine euut HEAVY LOSS IX TORNADOES Eereral Killed and Many Injured at Medicine Lodge. THREE STOEMS IN SAME NIGHT Tornadoes, Accompanied by Hail, Do Heavy- Damage One Maa and Valuable Horace Killed at Kalamaaoo. MEDICINE LODGE, Kan., June 14. Three distinct tornadoes struck Medicine Lodge late last night, destroying twenty five houses In the northern part of the town. Six persons, were Injured seriously and one le missing. As far as known no lives were lost. Several persons are reported Injured and much damage done to property In the path of the tornadoes In the surrounding coun try. The missing at Medicine Lodge: Mrs. Bell, an aged woman. Injured at Medicine Lodge: Mrs. May I Lyle, Internally; may die. J. R. McCoy, arm broken. Mrs. J. R. McCoy, ribs Druken, skull In jured. Miss Mary Griffith. Internally. Mrs. Morris, arm broken. Mr. and Mra. J. Saury, bruised. Three Storms In One Klaht. The first tornado struck Medicine Lodge, which has a population of about 1,000 per sons, shortly after 7 o'clock Sunday even ing, destroying telephone and telegraph wires, which ahut off communication with the outside and causing other damage. Later two other tornadufes struck, com pleting the damage done by the first. The third storm appeared shortly before mid night. All three came from the north west and were accompanied by a terrific fall of rain and hall, which damaged crops. The greater part of the damage sustained In Medicine Lodge was In the northern part of the town. The residence of United States Senator Chester I. Long was slightly damaged. The Long family es caped uninjured. The residence of Ralph Faxon, Senator Long's secretary, was de molished, but the family escaped. Other property damaged Includes the gypsum mill and the Santa Fe roundhouse. Mrs. Lyle was the most seriously Injured. While seeking shelter she was blown Into a tree, from which she waa rescued In an unconscious condition. One Death at Kalamaaoo. KALAMAZOO, Mich., June 2. Three valuable race horses and a man were killed by a tornado which struck Recreation park this morning at 2:20 o'clock. William Wlodmayes, aged 39 years, was found dead two hours after the storm had passed. He was killed by coming In contact with a telephone wire. The tornado came up without an Instant's warning and lifted a long row of stalls, carrying them over the fence. CLEAR UP BRIDGER MYSTERY Bojr Bopposed to Bo Dead Bald to Bo Wotklsg on Ranch M.: la Vtah. ... BVANSTON, ' Wyo., June 24.-(Bpeclal Telegram.) Regarding the Fort Brldgcr mystery, the following telegram has been received by Sheriff Jones of this city: LTNN, Utah., June 2.1. Jameo Van A. Carter Is alive and working on a ranch three miles from here. (Blgned) S.. K. Roberts." Roberts Is a brother of Mrs. Carter, the boy's mother. Young Carter has been missing since May 26, and was believed to have been murdered. His horso, with sad dle was found the morning after he wus missing. Hundreds of men have been searching and the county officers have been to great trouble and expense on his account. People here are at a loaa to ac count for his strange conduct It Is now thought that he rode the horso to Carter Station and there turned him loose, know ing that the animal would return to the ranch and then took the train for- Utah. JAPS WILL ASK DAMAGES Proprietor of Horseshoe RrMairant In San Francisco la to Sao City. WASHINGTON, June 24.-Accordlng to private advices received here today tha I proprietor of the Horse Shoe restaurant, which was attacked during the recent anti Japanese riots In San Francisco will to morrow enter suit In the state courts of California against the city of San Francisco to recover damages done the restaurant property. Distrlot Attorney Devlin, a tele gram from Pan Francisco soya, will repre sent the Japnneae plaintiff in the action. It .was stated at the Department of Justice to day that some time ago Mr. Devlin was instructed to offer his services In case suits were entered. DAN R. HANNA REMARRIES Justice of Peaeo Links Hint to Divorced Wife of Hotel Clerk at Cleveland. CLEVTTLAND. O., June M. Dan R. Hanna, son of the late Senator M. A. Hanna. waa this afternoon married to Miss I Mary Stuart, at the residence of the bride's i mother In this city. The ceremony was ! performed by a Justice of the peaoe. The ' only witnesses were the bride's mother and one or two other persons. Mr. Hanna has : been married twice before, a divorce having : been obtained by each of his former wives, i The bride Is the divorced wife of Frank ! Skelly, formerly a hotel clerk here. She had resumed her maiden name. FERRIS .TO TAKE TESTIMONY Appointed to Preside at H carina la St. Paal Standard Oil Case. ST. PAUL. June . Judges Sanborn, Vandeventer and Adams In the United States circuit court today appointed Former Judge Franklin Ferris of St. Louis, 'exam iner to take testimony In the case of the United Btatea against the Standard Oil company. The taking of testimony will begin July IS. Banala Succeeds Kaan. OYSTER BAT, L. I.. June S4 President Roosevelt today appointed Michael E. I tan nin, a business man of New York city, a member of the Board of Indian Commis sioners to succeed Dr. Maurlre Francis Kgan who resigned to accept a diplomat lo Ivoat. No emolument Is attached. The pres dent today appointed the following post masters: Howard L. Rann, Munch ter, la : William L. Cront. Townsend, Mont., ana Henry Jones, Stlsbe, Tex. Yale Alanant Meet. KEW HAVEN. Conn.. June S4.-At a meeting of the alumni advisory board of Yale. F. N. Judson of m. Louis, wao re elected chairman. A number of Important matters were fully discussed and reports to the corporations were em4 upooand ur- MURDER TRIAL AT SRUSSELS Carlos Waddlng-toa Oen fief ore Court on Charge of Killing; Senor Balmarrda. BRUSSELS, June 14.-The trial of Carlos Wartdlngton, 16-year-old son of Bcnor Luis Waddlngton, former charge d'affaires of Chill at Brussels, on tha charge of mur dering Senor Balmaceda, secretary of tho Chilian legation, February 24 last, opened this morning. Tho court was crowded with society people and diplomats. Balmaceda waa engaged to be married to the daughter of Senor Waddlngton. The murder was committed on tha evening of the official engagement dinner. A few days before the tragedy Balmaceda requested the Waddingtons to postpone the wedding ceremony, and on the morning of February 24 he called upon Mrs. Waddlngton and an nouced his declaration to withdraw from the marriage altogether. He admitted. It Is charged, that he had behaved Improperly towards Mlsa Waddlngton, but accused the young woman of having misbehaved before he met her. Later when young Carlos Waddlngton found his mother prostrated as a result of the Interview with Balmaceda he drove to the homo of the latter, who was his personal friend, and, after a quar rel, shot and killed him. The contention of the Balmsceda family Is that the Waddingtons had tried to force the marriage upon the young aecretary of legation and that upon his refusal to marry they resolved to get rid of him. The Wad dingtons submit as Justification for Carlos' act that Balmaceda had refused to redress the wrong he had done Miss Waddlngton. MORE AGITATION IN JAPAN Politicians Still Using 'Frisco Inci dent as Weapon to Attack Ministry. TOKIO. June 24. Public excitement over the American Question haa almost passed away, but the agitation Is still going on. It Is mostly the work of poli ticians of the opposition who are employ ing the question as a weapon of attack upon the ministry. The progressives and a coterie of poli ticians called the Daldo olub will llkoly Join hands In a combination attack on the ministry over the American question, their principal aim being to thereby strengthen their respective positions in h. Mmin election of local assemblies and also in the general election of next ear. Their principal watchword is tne diplomatic lmpotency of the Salnojl cabi net, which has resulted, they say, in suffering to compatriots in America and In inability to receive treatment worthy the eubjecte of a first-class power. It Is difficult to foretell how far they in stlrrlnc the. public, but whatever attempta are made in the way of agitation, actual hostilities wun tne United States are not even dreamed of. The war talk In some of the American press le totally Ignored here. JAPANESE ASK CO-OPERATION Chambers of Commerce at Toklo Will Appeal to American. Busi ness Men. -.f TOKIO, June 24. An tnormnl meeting was held this morning by the delegates from the chambers of commerce of Toklo, Kobe, Kyoto and Yokohoma. A resolution waa drafted Indicating the grave danger facing the commercial relations of the United States and Japan owing to the anti Japanese sentiment on the Paclfto coast. The necessity of resorting to speedy meas ures to remove this obstacle to the develop ment of trade relationship was pointed out. At the next meeting to be held within a few days the resolution will be given offi cial form and then wired to the principal chambers of commerce In the United States asking their co-operation. MUTINEERS GO TO HIGH ALPS Practical Banishment for French Sol diers Who Assisted Wine Growers' Riot. BKZTEU. France, June Si. The mutinous soldiers of the Seventeenth Infantry have Wn transferred from Agde without notice. Three other regiments quietly marched Into that town toaay, surroumicu the barracks and escorted the mutineers of the Seventeenth to a train In which they were locked. The destination 01 me kenf secret, but is belloved to be Brlancon, In the department of Hautes Alpes. fsr from the scene oi meir in subordination. PASSENGERS AND CREW LOST Coast Steamer Santiago Ooeo Down Near Corral In a Heavy Gale. SANTIAGO. Chill. June ?4.-The Pacific Steam Navigation company's coasting steamer Santiago, a vessel of 1,36 tons, trading between Panama and the south coast of South America, has been wrecked In a heavy squall, fifty miles north of Corral. One passenger and one officer are known to have been saved. The remain der of the passengers and crew are re ported to have perished. ' WOULD CURTAIL THE LORDS Premier Campbell-Bannermaa Moved Desolation Before Fallest Iloaso of Session. IXVNDON, June 24. Premier Campbell Bannerman today moved his resolution curtailing the power of the House of Lords bofore the fullest house of the session. The galleries alao were orowded, thoae present In that part of the Houae of Commons In cluding many people peers. KING AND PREMIER CONFLICT Befaaed to Consent to Severe Meat. area with Riot Organism In Portogal. LISBON, June 24. King Charlns has re fused to consent to the severe measures proposed by Premier France against the alleged organizers of the rioting of June 11 It Is anticipated that his majesty'a disap proval will hasten the resignation of the I premier. I Mikado Distributes Decorations. PARIS, June 24. President Fullleres was , notified by telegraph this morning that the emperor of Japan had conferred upon him the Order of the Chrysanthemum In oele bratlon of the signing of the Franco-Japan-; eae agreement regarding the far fca.nL An other Japanese order has been conferred on Foreign Minister Pln hon. Will tislt The ilaajae. KIEL, Germany, June 24. Mr. and Mrs. Andrew Caruegie started for The Hague at t o'clock this morning. Emperor Wil liam during the day vlsltad the ArjoDthis eraU'S Ul Uc Vatorex OMAHA GETS ST, JOE STOCK Beceives Heavy Consignments as Be cult of Latter's Action. PACKERS UNIT ON POST-MORTEM o Break In Either Hide to the Con- i troveray at Yards or Honses In Ronlh Omaha le Noted. The only apparent change In the busi ness of the South Omaha packers Monday In relation to the post-mortem Inspection fight was the receipt of heavy consign ments of cattle from territory heretofore exclusively St. Joseph's. This was at tributed wholly and directly to the action of the Live Stock exchange at St. Joe In breaking away from exchangee In thie and other cities and adopting the post mortem inspection for dairy rows. General Manager Murphy made good his declaration of Sunday to Tho Bee that tho Cuclahy Packing company has not broken the agreement of the packers and decided to Ignore the past-mortem rule. Hia buy ers are continuing to operate under that rule. Jn this respect no change whatever was noted Monday at South Omaha. Karly trains Monday morning and espe cially that of the Burlington, contained many consignments of stock from territory heretofore dominated by St. Joseph. The public Is fully alive to the situation, say the commission men, and will not patronise any packing center which will compromise on this Issue. Hence the shipments from other southeastern sccttotia of the state and southwestern Iowa, making a striking novelty in the South Omaha market. It Is anticipated still larger consignments will be on hand with the opening of another day. All sides at the exchange say they will fight out the battle to a finish and that the present time Is aa opportune as any for making the trial. Cnuatar Stands Pat. "So far aa the Cudahy Packing, com pany at South Omaha Is concerned It will buy she cattle and other cattle Monday under the same regulations aa It bought Saturday and It haa not there or else where, so far as we are authorized, made any change In Its position on this matter of post-mortem Inspection of dairy cows. We have not broken away from the other packers. We stand by the agreement." This statement wns made to The Bee last night by M. R. Murphy, general man ager of the Cudnhy Packing company at South Omaha with reference to the story from Kansas City to the effect that that company would buy cattle at the Kawvllle yards Monday morning subject to the old conditions, regardless of the post-mortem Inspection. "We might agree to such a compromise as was effected at St. Joseph," added Mr. Murphy. "The exchanges and commission men In other cities condemn the action at St. Joe as a betrayal of their Interests by the exchange there," he waa reminded. "Betrayal howT" he asked.. "It'a not a betrayal." - When it was suggested the commission men took the view that If they gave In on the rule as to dairy cows It would be only a matter of time until they would be forced to yield with reference to other cattle, Mr. Murphy said: "They have no right to assume any such thing." Asked what effect the controversy was having on the market, Mr. Murphy said It was making It decidedly Irregular and added: "It Is hard for anyone to tell Just where we are 'at.' I think the result In South Omaha will be some such compromise as was effected at St. Joe." VIRGINIA JUDGE ON TRIAL Unwritten Law to Be Defense In Caae that la Attracting Wlda Attention. HOUSTON. Va.. June 24. The trial of former Judge Loving of Nelson county, for the murder of Theodore Estes, son of Sher- Iff M. K. Estes of Nelson county, began In the circuit court here today. Judge Will lam R. Barksdale will preside. Both the prosecution and the defense announced their readiness for the trial. The trial promises to eclipse In sensational Interest the McCaue and the Strother-Bywaters case In Culpepper. It will put to test sgatn the much talked of "unwritten law." Judge Loving, armed with a double-barrelled shotgun, Instantly killed Estes while he was unloading a car of fertiliser In Oak Ridge on April 22. The ahootlng was the sequel to a buggy ride taken on the even ing prior to the homicide by Estes with MIms Elizabeth living, the 19-year-old daughter of Judge Loving. The girl, when v. 1. l-An,- YiaA haan ilrlnlclntr nnd It I uiuuiii. - -- Is alleged that her escort had been mol ! treating her. Acting under the Impulse that his daughter had been drugged and as saulted, Judge Loving Immediately went In search of Eetea. After the shooting he said: "I ahot to kill. Every drop of blood In my body called for vengeance. I would have gone a hundred mtlea to kill him." GLASS CASET0 COME NEXT Fourteen Supervisors Who Confessed to Receiving Bribes Will Be Put on Trial. SAN FRANCISCO, June 24. IxjuIs Glass, vice president of the Pacific States Tele phone and Telegraph company, will be the next man under grand Jury Indictment brought to trial In the graft cases. Tomor row It Is likely that the work of Impanel ing a Jury to try him on a charge of hav ing bribed the supervisors will begin. The fourteen supervisors who have con fessed to having received bribes from the telephone company will be Important wit nesses In the Glasa case and the trial will afford the first opportunity the supervisors will have had of confessing their Doodling to the public. When they previously con fessed it was within the secret precincts of the grund Jury room. In pasbtng on tha motion of Olass, which la being argued to day, to set aside the Indictments against him Judge Iawlor will also consider the testimony taken and the argumenta to be preaented as applying with equal force to the rases of the Indicted officials of the United Rallroadj company and to Theodoro V. Halsey, the outside man of the telephone company. Harder Hesalt of Jealousy. PITTSBURG. Juns 24 Joseph Motoovlek. Ba"d years, s coal miner. shot and killed his wife todav at their hone in Sygan, a mining town near Ki1devi. Pa , and then ended his own life oy firing a bul let Into his own heart. The only witness to the tragedy was ths t-year-old son of the woman, who was found crying In ter ror bxslrte the body of his mother. The child was turned over to the care of neigh bors. Jealousy Is aaslgnad aa Lba aauaa lit tfcs d, , . . LEE GRIER FOUND GUILTY! Jury Returns Verdict Aantnst Former Police Coarl Merit on Seven founts. Lee Grler, former clerk of police CMirt, was found guilty by a Jury in criminal court yesterday afternoon on seven counts charging misappropriation of lines and court costs collected by him and not turned Into the city treasury. The Jury recomnif ml.vl leniency. The maximum pen alty attached to the offense Is six months In the county Jail and a fine of H.'"C0. At torney John O. Yelser announced he would appeal the case to the supreme court on the grounds the Information did not state a crime. The Jury went out a few minutes after 1J o'clock and returned with the verdict at 8:). Orier was remanded to the cus tody of the sheriff, but wns Inter n leased on his old bond, which will be sudlchnt until the motion for a new trial Is argued. Grler went on the witness Btand In his own behalf Monday morning and offered as a defense to tho charge of misappropriation of funds ss police court clerk, testimony to the effect he had never received the money for which he had signed receipts and which he had not turned in. Ha said it frequently happened that circumstances surrounding a particu lar case would Justify his Issuing a release from Jail without actually receiving the money. In other cases he sal.l ho would Issue a receipt upon a guarantee from some business man that the money would be paid or upon a check. In many cases the guarantee would not be made good or the check would be turned down at tho bank. He said he turned over all tho money he actually received. Much of Grler's testimony on this point was ruled out Dy the court after aome heated passages between the court and At torney John O. Yelser for Grler. "I was not drunk the day I went to sleep In court," said Grler In answer to a ques tion from his attorney. "I had had no sleep three nights In succession, owing to the worry of this esse. That day I went to my sister's for lunch and came back to the court room and went to sleep from ex haustion." Arguments In the case were very short, taking up less than an hour. Deputy County Attorney Mngney opened and closed for the state and John O. Yelser made the plea for the defense. The case ,went to the Jury shortly after noon. WORKMAN" KILLED IN DITCH Fred Carlson Entombed and Body Recovered After Hard Work by Companions. Fred Carlson of Twenty-second and Pierce Btreets was killed Monday afternoon about 2:80. by the caving In of a sewer ditch In which he waa digging. The ditch was In tho rear of 602 South Sixteenth street. It was being dug In a corner be tween two old buildings, where the dirt had been filled In and waa very loose. His companlona, Peter Rasmussen of 479 South Fifty-first street, and Peter Jorgen sen, the gang foreman, were working some distance away. At 2:20, when the cave-in occurred. It was seen by George Gtwlts, a boy living near, who ran to an excavation on Sixteenth street where Ous Carlson was working and called for help. Carlson ran to the hole and began digging for tho burled man, but was himself caught up to the hips In the second cave-In. Laborers were called In from the street and for three hours a force of men worked steadily. As fust as the hole was enlarged It caved In afresh and the diggers were compelled to go slowly to avoid striking the burled man with their shovels. Coroner Brailey was on the scene when the body was finally taken out at 5:20, and took charge Of It. The hole was twelve feet deep. Joseph Jensen, tho contractor, and N. J. Gold, a laborer of 2&32 Capitol avenue, were digging at the bottom when the body was found, Carlson was married but had no chil dren. He was working for Peter D. Her, who owns the property on which the ac cident occurred. BILL MURRAY SUCCEEDS FORT Becomes Senior Assistant General Paasengrer Agent of Union Pacific, W. S. Baslnger, Junior. A second promotion Within a short time has come to W. H. Murray of the Union Pacific. A short time ago he was promoted from the position of chief clork In the pas senger department to tthe newly created position of assistant general passenger agent. When Gerrit Fort resigned June 1, to go with the New York Central a va cancy was left In the position of first as sistant general passenger agent, and Mon day afternoon E. L. Lomax, general pas senger agent announced that position had been given to Mr.. Murray. Readers of The Bee will not be surprised at this announcement, ss they learned upon Mr. Fort's resignation that Mr. Murray, In all probability, would be given the place. William S. Baslnger has been appointed assistant general passenger agent to suc ceed Mr. Murray. Mr. Baslnger entered the service of the Union Pacific railroad In 1891 as clerk In the office of the general agent at Kansas City, and In 1887 was made general freight and passenger agent of the Leavenworth, Kansas V Western railroad. In 1906 he was appointed trainmaster of the eastern district of the Kansas division at Kansas City, from which position he comes to Oamhn. Mr. Baslnger Is a young man of experience and ability, a hard worker and his many friends, which his long ser vice with the Union Pacific has made him, predict a successful career for him. CLD SETTLERS NAME DATE Annual Picnic of Association Will Re Held In Haascom Park Juno 2T. At a meeting of the committee of the whole of the Douglas county association of Nebraska pioneers, the program com mittee reported, and the report was odopted. naming June 27 as the dste for pioneer picnic at Hanscom park. All the members of the association, with the fam ilies and all old solders from Douglas and adjoining counties, are Invited to Join In the picnic and festivities. A large recep tion committee will be on the grounds to extend a warm wulcome to all. A request Is made by ths committee on arrangements that all be at the park at 10 o'clock with their lunch baskets filled, lemonade and Ice water will be furnished free. Tables will be arranged and luncheon partaken between 12 and I o'clock. In case of rain the plcnlo will he postponed until called again by the committee. The program consists of an address of welcome by Mayor Dahlman, and resjionstt on behalf of ths pioneers bv Juge Le liitelle. Goverror Blu ldon Is down for on srinrcss. and also B. K. B. Kennedy, presi dent of the association. Short talka will ba made by Judge Doana, Judge Wakeloy, sx-Oovernor Cniucta, and Dr. Goorgo 1 MUlea ' SO DEAL WITH UNION Telegraph Companies Again Eefuse t Negotiate with Order. LITTLE CHANGE IN SITUATION Officials Say All Business is Handled Promptly. PENSIONS WILL BE AFFECTED Postal Employes May Forfeit Allow ance for Long Service NO OPERATORS ON TRAIN Westbound Cars Reported to Con tain Strikebreakers Are ot Filled with Tele graphers. SAN FRANCISCO, June St. No word indicating un rally settlement of the local telegraphers' strike came from the New York head otllce of the Western Union and Postal companies yesterday. Offleiula of both companies In thia city say thoy have been instructed to have no dealings with the telegraphers' union looking to ward a settlement, but that former em ployes will be received as Individuals. Unless the striking operators of the Pos tal company here and In Oakland return to work this morning the company says they will be looked upon aa discharged em ployes and their places will bo considered filled, according to the orders which have been received from First Vice President and General Manager Nally of New York. A new phase of the strike as It uftects the Postal men who are out Ilea In tho fact that after this morning they will lose standing In entitling them to pensions .f 90 per cent of their salaries after fifteen years, in case of being incapacitated for work. The pension, which amounts to I1W a year at first, is increased at the rate of S per cent each year for ten years. In case the strikers from the Postal company return after this morning they will be considered new employes and will have no time to their credit. Members of the Telegraphera' union stated yesterday that they had Instructed an operator at Sparks, Nev., to ascertain whether It was true that two carlouds of telegraphers were bound westward on an overland train to take the placee of the local strikers. The operator reported that ho had learned from the conductor of the train that the cars In question did not con tain operators. General Superintendent Storer of the Postal Telegraph company said today there was not a message half an hour old In the office and the company waa satisfied with the situation. , Superintendent May of the Western Union said business was disposed of today quite promptly. He anticipates a steady Increase la the office force until all the men re quired are at work.. SUCCESSOR FOR REV. HERRING Rov. Frederick T. Rouse of Wisconsin, to Be Called to Consrrcaa tlonal Church. Rev. Frederick T. Rouse of Appleton, Wis., will be called to the pastorate of the First Congregational church of Omaha, for merly under the charge of Rev. H. C. Her ring. Uev. Mr. Rouse was In the city by Invitation Sunday. June 16, and preached both morning ; and evening at the First Congregational' church. He proved to be a powerful speaker with up-to-date Ideas, but a firm grounding in the sound theology of Congregationalism. Universal satisfaction was expressed by the members of the congregation, both with his preaching and with his personality. A meeting has been called for Wednesdsy evening, at which It Is expected the formal call will be extended. It Is understood It will be accepted. HOLMES' TRIAL IS RESUMED Dr. C. C. Clark Takes Stand to Idesw tlfy Letter Written by New York Broker. WASHINGTON. June 24. The trial of Edwin S. Uolmea, former associate statis tician of the Department of Agriculture, on the charge of divulging the secret Infor mation of the Department, waa resumed In the criminal court today with Dr. C. C Clark, present associate statistician, on the stand. He Identified a letter written by I Cotton Broker T. H. I'rine of New York. : to tho department in June, 1905, making I Inquiry concerning the cotton crop reut ! for that month. MILLIONS IN JULY DIVIDENDS Disbursement for Coming; Month tlmated to Ba a Record Breaker for Bummer. NEW YORK, June 84. The July divi dend disbursement this year by various corporations will reach a grand total of fl82,K81,S49. This la S1!.G73,67S gTeator than the aggregate of last year and eclipses tho total of sny previous July In history. Intevurban Mileage Books. BOONS, la.. June 24. (Special. ) It Is stated that the lnterurban railway com panies ef Iowa have practically perfected an agreement to Issue Interchangeable mileage books good on all electric lines In the state. The details of the agreement have not been announced but It la under stood, that an organization will be Con ducted the same as the Western Passen ger association which acted as a clearing house for the Interchangeable credential bonks that have been Issued for years by western roada The object of the move ment la said to be to advertlss eleetrlo lines in vsrtous psrts of ths state ami also to promote business. Traveling men who cover the entire state would thus Le enabled to buy a new mileage book and get a rate of one and one-half cents per mile over electric lines on many points Instead of paying two rente on the steam rosds. There sre several electric rail ways In operation now. Among them are the Polk electric linos out of Dec Motnea, the Fort Dodge, Boone and Des Moines line, the Cednr Rapids and Iowa City, the Clinton 4 Davenport line and the Water loo, Cedar Falls aV Vaverly Una. Extra Pay on babuaartaea. WASHINGTON, June KBeeWles tho SS per month extra payment owed them for the service, men serving on the submarine bouts hereafter will recelvo SI additlnn.il pay for each Cay (lining any part of which , time they are submerged in a submarine j torpedo boat while undr water. Thia I extra pay, however, la hut to exceed fit la I any on snantha I i f