The Omaha Daily Bee VOL. XXXVII NO. P. OMAHA, FRIDAY MORNING, JUNE 28, 1007 TWELVE PAGES. SIN(U,E COPY TWO CENTS. BLOW FOR DEFENSE Ealing of Court Limits Showing Haywood May Make. COUNTER CONSPIRACY EXCLUDED Incident Brought Out Must Connect with Facts Already In. EOYCE PRINCIPAL WITNESS Former Preiident of Western Feri tion of Miners on Standi '' J. HE TELLS OF ITS OROANIZATk Deal Exlateaee of Se-Called "Inafr Circle" an 4 Keys There Sever Waa Conspiracy Within tha Union. BOIBE, Idaho. June H.-A ruling mula today by Judge Wood while Edward Boyce. for year the leader of the Western Fed eration of Miner, and now a wealthy mine owner of the Ooeur D'Alenes. waa testifying In behalf of William D. Hay wood, may materially limit the showing of the defense aa to the existence of the counter consplrany against Haywood and Mm associate which It alleges. Jamea H. Hawley, for the state, ob jected to a funeral question as to the pol icy and practice of mine owners through out the wewt In blacklisting union miners, and In tha argument that followed Clar ence Darrow, for the defense, claimed that same latitude In proving counter consplr- I ey that the state enjoyed In showing a conspiracy. Mr. Hawley contended that the stste had directly shown the existence of a conspir acy by Harry Orchard, and by so doing Jmd laid the foundation for and made the connection of all the evidence subse quently offered on the subject. He said that the defense was trying to show counter conspiracy by proving various Iso lated instances and oertaln general condi tions, none of which was connected with the esse, and for none of which a proper foundation had been lah). In ruling the court accepted In part the contention of the prosecution and limited the proof of the defense slong this line to events In Colorado and the Coeur D'Alenes connected with the case as now estab lished. Boyce la Principal Wltaeos. Mr. boyce waa the principal witness of the dojr and his testimony was chiefly de voted to the history, purpose and work of the Western Federation. He denied the existence or an "inner circle," or that there had ever been a consnlrucv tn or. i ganlsatlon to do an Illegal act. The chief Impvrtanoe of Boyce' s cross-examination was the production of a speech by hlra at the convention of the federation held at alt Lake In fW8, In which he said that very union should have a rifle club. nn . . .... . ' member a rifle, so that the federation could ! mrca armed mea In the rank of i labor, Mr. Boyoe would not agree with the ac curacy of the quotation, but, saying that the sentiment waa correct, declared with plrlt that when he spoke the words lm- j tracts are completed. Pare T puted to him he had In mind the mlscon- Millions will be spent by the Union Pa duct of ftate troops In Colorado, the use , rtflo railroad In double tracking through of troops elsnwhere against the federation, and the constitutional right of all cltlsens ' to bear arms, which waa aa much the right of the miner as the aristocrat. William Easterly, one of the most im portant witnesses In the case, waa called Just before adjournment, and his testi mony will be continued tomorrow. He oc cupied the witness chair long enough, how- ever ,to directly deny the statements of Orchard, charging him with criminal mis- Page S conduct In Colorado. He denied that he ! KOTXMXlTTa' OP OCXAXf STEAMSHIPS. had ever discussed the Vindicator or any I Poft aftItss. mm. other plot with Orchard, or that he'NKw York raronta Teutonic had helped Orchard experiment for the' Jork ..... VoES"- device that blew up the Vindicator mine, : nicw York Utile and denied that he and Orchard had dls- ' Tork Oceanl ......... i NEW YORK Madonna cusseo. me vinaicator matter or any other subject with Moyer and Haywood at fed eration headquarters In Denver. , Davis Takes tbe Itssf, Whan W. T. Davis waa recalled to the land i on the opening of court this morning Senator Borah took him over the period be spent In hid- lug In the Hercules mine after the Bunker Hill explosion. He said that Paulson and another man was there. He could not Iden tify the other man. He remembered two men calling at the mine while was there. They were union men getting out of the country. Orchard said that he was at the Hercules at this time. Davis was unable to recall Orchard as one of these men. Bringing tbe witness down to the Cripple Creek days. Senator Borah wanted to know ' when the witness first met Steve Adam. He could not recall. Davis said he waa at home the night of the explosion tn th Vindicator mine. Eeerller In the evening he had attended with Sherman Parker a union meeting at Victor. Davis denied that he called at Orchard's house and took him to tha meeting. He could not remember whether or not Orohard at tended the meeting. There were SCO or 1.000 men there. Davis could not recall when he first saw Orchard after the meet ing. Neither could he iell Just when he last saw Orchard prior to the explosion. Bavla testified yesterday that the Cripple Creek district was entirely autet and neace- 1 up to the time the troops were sent In. "20day Senator Borah wanted to know If i the witness hsd not heard of a union man ' named Stewart being shot to death and I another man named Hawkins being beat i to death and various other Instances. Davis, said hs had hsard of these cases, j Some, he declared, however, occurred after the troops came In. ; Attwraeys la Sparring Matck. j Bt nator Borah asked If Davis had not ! heard of Bllm Campbell killing a woman ' In a house of 111 i-nute In Cripple Creek. Attorney Darow oi.j H-ted to hts, rte. larlng I It hsd nothlna- to .a .iih th. r.nm- ..t I f the troops. The objection was overruled. Davis Imitated this murder followed the ar rival of the troops. Tho witness disclaimed ny knowledge of trouble with union men at the Gulden Cycle mine prior to the coming of troops. During this line of ex amination Senator Borah and Attorney I'arruw sparred almost continuously. Sen ator Borah sought to show that whereas tho witness had said the Cripple Creek district was as quiet as Boise before the troops came, there was a reign of lawless ness. Davis Insisted the district was quiet and declared he wai willing to atsnd oa his statement of yesterday. He admitted, how ever, that he knew of some nonunion men being beaten. t'eiiulur Borah wanted to know If the aurlke committee did not have - to spead (Continued en Second Page.) SUMMARY OF TOE DEE Friday, Jnae 2H, 100T. 1907 June ioot un wc-a ru wen m rsi H 7 i i 2 3 4 5 0 7 8 0 10 II 12 13 14 15 16 17 18 19 20 21 22 o 24 2tf 26 27 28 29 TIE WXATHEm. with rising temperature. Temperature at Omaha yesterday: our.- Deg. Hour. De. v m 68 Id. m 71 m- .... M I p. m 73 .... 59 3 p. m 72 .... 59 4 p. m 73 .... 61 S p. m 74 .... W 6 p. m 74 .... 67 7 p. m 74 .... 70 8 p. m Ti t p. m 10 DOVDSTIO. lnt reached In the Haywood Hux. trial ws . witness remarks that Attorney Hawley 'suggested' the federation of th miners. Page 1 Telegraphers at Ban Francisco are hope ful of the uotcome of the strike. Fags 1 Judge In Loving case rules that the character of the dead man or of Miss Loving waa not an Issue In the suit. Far 1 Three convicts who broke Jail st Jeffer son City, killing guards, were hanged yes terday. 1 Southern Pacific railroad la contemplat ing many Improvements on Its line In California, rage 1 Democrats of Pennsylvania turn down Brran and glv. no on national ; Issues. Page 1 StibpoenAes were Issued at Chicago for John r. Rockefeller and other officers of the Standard Oil Company of New Jersey and also of Indiana to testify regarding the value of the company property. ?age 8 Sentence of Mayor E. E. Schmlts of Ban Francisco It delayed until July S. Page 1 Miss Sutton defeats her opponent In the playing at Wimbledon. Page 4 Lutheran churches of English and Ger man branches are drawing further apart continually. Page 1 Mall carriers of Billings go on a strike, claiming the wages Insufficient. Page 1 ITEBBABltA. Western Traffic association asks to have the rate on cream Increased as present low rate tends to build up big central cream eries at expense of many small ones. Hearing set for August . Missouri Pa cific attacks the 2-cent fare law on ground road lost money at the S-cent rate and cannot stand the lower rate. Page 3 Another trial In the. celebrated centre- , , t)l .L.n U.nx.nm an.l versy between Bishop Bonacum Father Murphy Is now on at Seward. Fags 3 LOCAL. By donation of $1,400 by Charles Metz, brewer, f 10, 000 mark Is passed by Young Men's Christian association In campaign tot. I0.00. . J 1 Paving contractors have an inning be fore city council In giving reasons for de lay In work for the city and reveol fact that only eighteen of forty-seven con Wyoming and eliminating curves, rage i Herman Cohn definitely decides to make his building on North Sixteenth street five Instead of only four stories high. Page 11 Four hundred children participate In tho annual picnic of the City mission at Lake Manawa. Fags 8 Society Hymeneal altar maintains a ' conspicuous place In the fashionable realm. livkrpikil, ....Carnumia Iserloa. I LIVERPOOL .... vv.t.rnlnd BOSTON SIM BOSTON Caoadlaa DcTonlan. CinRAIjTAft . . . . Kcwnlgan LalM.. soi'THAMPTN ... K. Wlth.lm n. lOUTHAMPT'N . Majfitle. Ql'EKNSTOWN BUonts. SEUo """"tS. luiy:: OENOA Virginia TOOK POISON BY MISTAKE Wrong Bottle Produced by Companion of Philadelphia Man, Krsult Inar la Death. ROCHESTER, N. Y., June 27 Peter and David Morad of Philadelphia, traveling to Oeneva last night, accepted a drink of whisky from Leo L, King, who boarded the train at Wllkesbarre. The three men finished the bottle and King produced a second one. Peter Morad took the first drink out of It, when King discovered that he had given Morad a bottle containing cyanide of potasium. Morad Immediately collapsed, and when the trains reached Oeneva he was hurried to a hospital, where he died In a few hours. King was arrested. He said he secured the poison for himself. Intending to end his life on account of family troubles. He gave his age as t9 years and said his mother was living In Rockford. III. GIRL'S BODY WAS MUTILATED Blavbt-Year-Old Viola Boylaa Peaas Dead la Coal Bla la Hone, 1 NEW YORK, June Zl. Eight-year-old Viola Boylan, who had been mlaatng from hev home In f3econd avenue since last Hon- lev. was the victim of a most atrocious assault. Her body, horribly mutilated, wss fund In a coal bin In the cellar of her home today. 6he mid been dead for many hour No arrests have yet been made, but the P,llc searching fur two young ' I,allan- who lh h" Informed were seen trying to entice the child to enter a cellar with them several days aeo. SCHMITiTS SENTENCE PUT OFF Coavleted Mayor nf Ran Fraaclera Waa Brought Before Indite Dunne. BAN FRANCISCO. Jun. fT-Paaslng of sentence upon Eugene E. Schmits, con victed of extortion In the French res. taurant cases, was today postponed until July S. KILLS TWO-CENT FARE BILL Wleooasla Senate, by Vote of 0 to 111, Relrsrates Measaro at Madlsoa. MADISCTX. Wis, June $7. The senate today by a vote of I to n killed the two oont sallway fare bill STILL HOPEFUL OF OUTCOME Telegraphers Confident Company Mast Come to Time. RUMOR OF CHICAGO STRIKE FALSE Officials of Taloa Declare that If It la Decided to Call Oat Mea at Other Placeo No Notice Will t Be Given. BAN FRANCISCO, June 27.-A hopeful sentiment prevails st the headquarters of the striking commercial telegraphers and the rank and file of the union, aa well as tho executive officers, who are unanimous in declaring full faith In ultimate victory. The men assert that the telegraph com panies are still badly crippled, that every makeshift Is being adopted to care for the most Important business and that hun dreds of, messages are piling up dally at the filing office. The strikers declare that at best any ability of the companies to get their lines Into operation could b but a matter of temporary success, aa It Is neces sary to draw men from other points to All positions, and that such a policy re sults In weakening service to the extent that reserves could be kept at work but a short time. Rumors are current about the strikers' headquarters that the telegraphers In Chi cago and other large cities are to be called out, but this Is positively denied by Presi dent Small at the headquartera In Oakland. Small reiterates his former statements that It Is the desire of the union to prevent a general strike, but that If It was necessary to call out men at other points no hint of such Intention would be given until the order calling the men out Is actually trans mitted. Officials of the Postal and Western Union Telegraph companies claim the work has been caught up with and there Is no delay to their business. Both companies declare they are taking more operators on every day and that they are suffering no serious discomfort on account of the strike. CHARACTER IS NOT IN CASE Jadae at Houston, Vs., Roles on Ad missibility of Evidence In I.ovtnaj Case. HOFBTON, Va., June 27.-Jude Barks dale, on convening court for tho fourth day of the Loving murder trial, rendered his opinion as to the admissibility of evidence by the prosecution tending to disprove the story told by Miss Elizabeth Lovlhg to her father of her ruin at the hands of Theodore Estes. The opinion wss In favor of Jude Loving and the evidence will not be snb mltted. Judge . Barksdale ruled that tho character" of the girl, or the character of the man who waa killed, was not the Issue and the truth- or" falsity of her story had no bearing on the case. T. H. McOlnnls, who conducts a Ilverv stable at Lovlngston, testified that he saw Judge Loving a moment beore the tragedy occurred. He talked with the defendant, who asked for Theodore Estes. Witness told him that he thought Estes wes In a car and Judge. Loving started In the direc tion Indicated. The only evidence Judge Loving showed of excitement waa that his face was red. McGlnnls ran out of his place a short dis tance away when he heard the shots and found Loving had killed Estes. He talked with Loving after a doctor had been sum moned. The defendant remarked: "A doc tor will do no good. I shot to kill." "Did you notice anything unusual or pe culiar about Judge Loving after the shoot ing?" "I did not observe him closely." "Did you observe any evidence of mental weakness on the day of the tragedy?" "I cannot say that I did." The. defense secured from the witness a statement that Judge Loving made to him after the tragedy when asked why he killed young Estes which was: "Theodore Estes took my daughter out buggy riding and drugged and ruined her." McGlnnls Is a bondsman of Judge Loving and was summoned as a witness by both sides. F. L. Kldd, county clerk of Nelson, at whose home Miss Elizabeth Loving spent the night after the buggy ride, was called. TORNADO NEAR MUSKOGEE Three Persons Known to Be Dead aad Property Dams( Is Half Million. MUSKOOEE, I.' T., June 26. A tornado with a path sixty miles long, followed by a cloudburst, swept the oil fields of north ern Indian Territory, between 8 and 9 o'clock this morning. Three persons are reported killed at Bapulpa, the heart of the great- Glenn Oil pool, where the storm was fiercest. Frank Roper Is known to be dead and two others are said to have been found whose names are not known. Water rushed down the streets of Bapulpa over a foot In depth. Plate glass was broken throughout the town, and the roof torn from the hotel. Over 160 derricks ars reported down in the Glenn pool, and It Is said all the oil derricks In the Osago nation have been swept away. Fifty-four derricks are re ported down at Turley, I. T. At Malse, I. T., houses were overturned and brick buildings demolished. Muskogee suffered no serious loss. The general loss throughout the oil fields will be enormous, but at present cannot be estimated. Many wells are running wild, the oil flooding the land. A ronservstlve estimate places the num ber of rigs blown down In the Glenn pool at one-third the total. The Combination Oil and Gas Well at Eapulpa was struck by Hirhtnlng and the fire cannot be brought under control. One building of the Creek Orphans' borne was struck snd destroyed. The total loss by the storm Is estimated at SCOO.OliO. IRELAND IN BAD CONDITION Valnsplrlna; Description of Emerald Isle by Cblef Secretary Blrrrll In Honse. LONDON, June ZT. Mr. Blrrell, chief secretary for Ireland, drew a gloomy pict ure of tha west of Ireland In Introducing i the evicted tenants' bill In the house ti j dsy. He said: I Rain Is felling pltrously, ths turf is I rotting and thu sea weed, uti' d as nmnure, Is as wet as when taken from the s-n. Such a measure as this will be taken by the popiilstton as a token of good feellnif. It will do much to bind up many a weli nlght broken heard and In some meaaure staunch bleeding wounds. Continuing. Mr. Blrrell said he hsd him self been rrost unfortunute as a legislator but he pleaded with Parliament to keep faith with the Irish people. There are tooo tenants to be reinstated." said the secretary, and the government wants to riiuke a clean job of It and muel "' lr.t oomnuiaortlr. HOLOCAUST JNH0NG KONG Five Hnndred 4'klaene Barn to Death When Theater Is Destroyed. VICTORIA, B. C, June 27.-A horrible holocaust la reported In msll advices from Hong Kong, where 600 Chinese of the audi ence of a Chinese theater, and ten of the actors were burned to death when the na tive theater was destroyed by Are. Tho flames spread rapidly and the building col lapsed, blocking the entrance with debils. The origin of the fire Is aald to have been due to the Igniting of explosives concealed under the floor of the theater, the fire fol lowing the explosion. SHERIFF OF JOHNSON SHOT Man Whom He "oaatht to Arrest Escapes and Poaee Is la Parsatt. TECrSEH, Neb.. June Z7. (Special Tele gram.) A young man named Hudson, who has been making this section his head quarters for some time. Is accused of passing a number of forged checks and the sheriff has been endeavoring to arrest him. Today he heard Hudson was stay ing at the home af John Cramer, a rela tive, seven miles east of this city. Bherlft Miner, accompanied by Elmer Nelson, went out to the Cramer place to arrest Hud son and on arriving there Cramer came to the door and In response to a question denied that Hudson was about the place. Just then the sheriff espied Hudson mak ing tracks from the back door and gave pursuit. Hudson fell as he ran and seeing the sheriff was about to overhaul him drew a large revolver and fired. The ball struck the sheriff In the arm and glancing on the bone struck him on the head. The wound on the arm Is a painful one, but the one on the head la not serious. Hud son then made his escape. Sheriff Miner was not armed. Sheriff Miner was brought to town, where his Injuries were attended to and a posse, headed by the city marshal of Tecumseh, started out to round up Hudson. As the fugitive Is armed and the members of the posse are also well provided for In this line there may be something doing If Hud son Is overhauled. COLOMBIAN TREATY IN AIR Lone Postponement of Differences Ex isting; with Panama Is Ren dered Necessary. WASHINGTON, June 27. The prospects are that the treaty between the United States of Colombia and the republic of Panama now being negotiated will not re ceive Its final touches until next autumn. Tho United States government through the Department of State has been making an effort to get the two countries on a basis where they may conclude treaty relations. Responsive to its labors thus far, Colom bia has submitted for tbe consideration of the Panama government a memorandum, which. If acceptable In principle, may form the basis of tha convention by which Co lombia shall recognise Panama as an Independent-nation. Some understanding also may be reached asto the amount of the foreign debt of Celbfhbla ftiat shall be as sumed by Panama, In return for Colombia's surrendering all claim to Isthmian territory. Panama promised the United States to as sume some portion of the debt, but the ex act amount of the lf,000,000, which It ag- j gregates, lias not yet been determined. ' Senor Cortes, the minister from Colombia. 1 Is compelled to go to Europe In July, but will resume the matter on Colombia's be half when he returns In September. Fol lowing tho conclusion of the treaty of recognition of Panama, the two govern ments will get to work on a commercial treaty. WESTERN MATERS AT CAPITAL IVamber of Postmasters Appointed for Nebraska and Iowa. (From a Staff Correspondent.) WASHINGTON. June 27.-(Spec1al Tele gram.) Postmasters appointed: Nebraska Cornlea. Platte county, John J. Gllsdorf, vice J. R. Smlthhelster, resigned. Iowa Centerdale, Cedar county, Frederick T. Hartley, vice R. G. Tharp, resigned; Clarksdale, Appanoose county, Albert G. Bailer, vice C. L. Berry, resigned; Ottoson, Humboldt county, George M. Schneider, vice Christopher Ottoson, resigned; Ran dolph, Fremont county, Harry M. Town send, vice L. O. Clarke, resigned; Spring brook, Jackson county, John Gonnor, vice h". M. Scheckel. resigned. Nebraska postofflces established: Loyal, Custer county. Jeannet Schuek, postmaster; Valyrang, McPherson county, Lou Hurd, postmaster. The application of Oeorge E. May, J. E. Hecht, Clarence Seaman, J. W. Waller and E. S. Manennes to organize the Farm ers' National bank of Nashua, la., with $25,000 capital has been approved by the comptroller of the currency. WILL ELIMINATE ALL CURVES Southern Paclfle to Ckanare Main Lino la California to Facilitate T raffle. SAN FRANCISCO, June R. The Call to day says: According to plans which have Just be come public, the curves on the Alameda A Contra Costa main line of the Southern Pacific from Oakland pier to Suisun will b eliminated and the transfer point at Port Costa will be abandoned. In order to avoid the marshes and sinks between Benicla and Bulsun, the main line will be changed to run from South Vallejo to Flosden, through American canyon to Cor delia, where It will Join the Napa Junction and Suisun road, connecting with tho main line to Sacramento and the east. The con templated Improvements sre among the most Important undertake by the Southern Pacific In recent years. During the last few months seventy-rive trains have been run ning dally over the main line between Oak land and Suisun. This Is the mnln ouMet to Sacramento and the enit, and Is the most traveled line on the Southern Pacific. Vast fills will be made along the bay shore to obviate the curves and millions of dol lars will be spent In Improvements at Rodeo. CLAIM BARNES TOOK" MONEY President of Minnesota Title Insur ance Company ttatd to Have Lninessled Large gam. MINNEAPOLIS, June S7.-U. J. Barnes, president of the defunct Mlnnevota Titla Insurance and Trust company, was ar rested Wednesday afternoon charged with embezzlement of r.J.uo of the funds of that company. There Is said to be a short age tn reality of $160,000. The most Im portant allegation la thst the company loaned Barnes $'3,000 through the medium of a "straw man." but it is said other charges of responsibility for shortage art likely to be proved. Last March the bank examiner brought action to wind up the affairs of the oompanj MONEY BY TUNE OF AMERICA Y. M. C. A. Funds Are Now Collected by Singing Official Song. TEN THOUSAND DOLLARS NOW Charles Mets ef Brewing; Company Gives One-Tenth of This, Which Is High foe the Day. Pre vlou sly reported Cltlsens' committee Young men's committee Boys' committee Grand total I10.00R These amounts were reported by the captains of the teams of the young men's M-inmittee: A D. M. Newman I W B J. H. Franklin 95 C A. W. Miller 85 D-H. Kleser li E C. E. Berry 12? F Orant Cleveland 130 G Martin Bugarman H B. Ring 16 I Harry Byrne Ml J Harry A. Stone 810 Total $1,172 Principal large subscription: Charles Meti $1,000 Total for the day $4,Z73 This building, fair to see. Stands for humanity,' Olft of great hearts. Home where true friendships reign, Home where no csres remain; For Joys It doth, contain; Sing evermore. Home of abounding Pre, Free from annoy and strife Thy name Is peace. Here we find quiet rest, Good cheer for hearts distressed; By love men now are blest Within these walls. Let never hope depart. Work ever, hand and heart Be undismayed. Let Joy and faith abound Within Without Around. Make now these walls resound Y-M-C A. Young Men's Christian association work ers are now collecting that $80,000 to the tune of America. The above song has been written by a celebrated musician, whose name Is withheld out of deference to his reputation, and has been, adopted as the official song of the crusaders, who sing It every day at noon luncheon and many times between meals. Ten Thonsand Dollar Marie. The $10,000 mark was passed Thursday morning by the hustlers for the funds to raise the $90,000 Indebtedness on the new Young Men's Christian association building. Such was the enthusiasm as the reports from the different committees were read at the noonday lunoheon and when the spe cial campaign song to the tune of "Amer ica" was anounced all Joined In heartily. The song went with such a vim that some of the clergy present asked for copies that they might have It sung In their churches Sunday morning. The largest subscription of the day was that of Charles Mete, hesd of the Mets Brothers Brewing company of Omaha. Mr. Mets divided his subscription, giving $800 to. the cltlsens' committee and $3M to the boys' committee, One of, the teams has a young woman. Miss Annette Debolt, helping In the work of raising funds and she turned In more money than any young man on the team. The work of the boys' committees Is an. Inspiration to the older members. Wednesday morning Mayor Dahlman Joined the hustlers. In the afternoon he, planned to attend the old settlers' picnic at Hanscom park. PRISON BREAKERS HANGED Thr Convicts Who Killed Guards to Secure Freedom Executed In Missouri, JEFFERSON CITY, Mo., June Tl. Harry Vaughun and Edward 'Raymond, convicts sentenced to the penitentiary from St. Louis, and George Ryan, a convict sen tenced from Kansas City, were hanged in the county Jail here this morning for the killing of Prison Guard John Clay during a concerted attempt to escape from the penitentiary. The three were hanged at the same moment. Sheriff Scott sprung the trap and five minutes later all three were pronounced dead. No statement was made from ths scaffold. The execution of Convicts Harry Vaughan, George Ryan and Edward Ttay mmd Is the termination of a desperate at tempt they made on the afternoon of November 24, 1905, to escape from the pen itentiary. During the outbreak. Prison Guards John Clay and E Allison and Con vict E. Blake were shot dead. After two trials they were convicted of the murder of Guard Clay and sentenced to be hanged. A verdict of conviction was rendered In the first trial but wns reversed by the supreme court and a new trial ordered. Vaughan was admittedly the leader of the outbreak by which the three and Con vict Edmond Blake endeavored to gain freedom. Each was secretly armed with a revolver and they had secured dynamite. When a favorable opportunity presented the four walked Into the office of Deputy Warden Bee, and Vaughan, with drawn revolver commanded him to throw up his hands. The deputy wsrden hesitated and Blake fired a shot that Injured Vaughan's hand and seriously wounded See. Deputy Warden See and two farmers who were visiting In his office, were marched quickly to the prison entrance. At that moment Guard Clay swung the Inside gate open to admit a team. He was shot down and the four convicts rushed Into the enclosure to ths outside gate. This they quickly blew open with the dynamite and ran through the opening. An open fusllade ensued between the escaping convicts and prison guards, and Convict Blako and Guard Allison were killed. After a hard chase through the city Vaughan, Raymond and Ryan were recaptured. The four convicts were serving sentences for robbery when the prison outbreak was planned. ST, LOUIS, June 27. John King, a negro, who was convicted of shooting his sweet heart, HalHe Davis, on November 28, 1&05, was hanged here this morning In the Jail. COLUMBIA, Mo.. June 27.- Governor Grunt Folk has granted a respite until July 21 to Thomas Clay, a negro, who was to have been hanged here today for kill ing another negro. MAIL CARRIERSG0 ON STRIKE At Batte Mea Declare 'i'bey Cannot Live oa Wages Paid by Got ernment. BUTTE, Mont., June Tl. -All of the mall carriers of this city went on strike last night, the men declaring they could not live In Butte on the present scale of wages paid by the government despite the Incresse which becomes effective July 1. The meo have been receiving fciUQ for the first year and t&9 for succeeding years THIRTIETH F0RTHE ORIENT Infantry Leaves Fort Crook atnr day to all for the Philip, i pine lalnnaa. The Thirtieth Infantry will depart from Fort Crook Saturday via the Hock Island for San Francisco, from where the resl- ) ment will sail July 5, for the Philippines, i The reglmcfit will be succeeded at Fort Crook by the Blxt nth Infantry, now en route from the Philippines. In the mtan whllo one company of the Eleventh In fantry will garrison Fort Crook. Private Jack Fayson, Troop O. Second cavalry, has been ordered transferred to ths hospital corps, upon the recommenda tion of the acting chief surgeon of the Department of the Missouri. Leave of absence for one month has been granted Becond Lieutenant Joseph M Cum mins, Eighteenth Infantry, Fort Leaven worth. A militia uniform consisting of coat, pants and cap has been handed In to the office of the chief quartermaster. Thus fsr no claimant has appeared for the raiment. The officials at army headquarters desire to know If any of the Omaha National Guard companies are shy one uniform. Honorable discharges have been granted from the United States army to the follow ing enlisted men: Privates L, A. Bodo muller. Battery B. Fifth field artillery; John E. Lee, Company D, Fourth Infantry; Fred Hanewlnkel. Troop D, Sixth cavalry, and Sergeant Robert Bleler, Company D, Fourth Infantry. Payment of the troops of the Department of the Missouri for the month of June has been ordered. The troops at Forts Meade and Robinson will be paid by Mayor George T. Holloway; at Forts Riley and Leavenworth by Captain J. M. Slgworth and at Forts Des Moines, Crook, Omaha, Mackenzie and Camp Washakie by Cap tain Claude B. Sweesey. Proposals for the heating apparatus for the commanding officers' quarters at Fort Omaha will bo opened at the office of the chief quartermaster's office In Omaha July 1, 1907. A general court-martial has been ordered to convene at Fort D. A. Russel Thursday with the following detail: Major R. M. Blatchford, Eleventh Infantry; Captains R. 8. Welsh, Second field artillery; E. W. Tan ner, O. S. Eskrldge, Eleventh Infantry; First Lieutenants F. R. de Funlak, Eleventh Infantry; Ned B. Rehkopf, Second field artillery; Second Lieutenant J. E. Barzynskl, Eleventh Infantry, and First Lieutenant W. E. Persons, Eleventh In fantry, Judge advocate. A general court-martial has been ordered to convene at Fort Leavenworth Friday, June 28, with the following detail) Lieuten ant Colonel William Paulding, Eighteenth infantry; Captains William F. Grote, Eighteenth Infantry; J. R. Slattery, En gineer corps; First Lieutenants Harrle F. Reed, Fifth field artillery; B. L. Pike, Eighteenth Infantry; K. P. Williams, Thir teenth Infantry; R. D. Foulots. Twenty fourth Infantry; Second Lieutenants George O. Bartlett, Bruce Megruder, Eighteenth Infantry, and First Lieutenant J. Q. Tay lor, Eighteenth Infantry, Judge advocate. POLICE MUST HJLP C0NNELL Patrolmen Arc to Be Enlisted la tho Crnsnde for Cleaa City. Every policeman In the city of Omaha Is to be enlisted In the crusade for a cleaner Omaha. Thursday morning TTenlth Commissioner Connell called upon Acting Chief Mostyn and laid a protest before him, complaining that patrolmen fall to carry out that pro vision of the law which requires them to report nuisances and to make arrests where sanitary laws are violated In their pres ence. This Is the second or third time the mat ter has been called to the attention of the police department and heretofore police men have been notified to enforce the law, but the health commissioner says so far as he knows nothing has ever been done by them. Thursday morning the commis sioner was angry. He declared that It was practically Impossible for him to keep downtown alleys clean; that where notices are served a pretence at cleaning is made, and that within twenty-four hours there after the condition is as bad as before: that If the policemen would do their duty It would be unnecessary for him to pay men to Inspect In those parts of the town covered by patrolmen and he would con sequently have more men to take care of the outlying districts. When he presented the case to the act ing chief he found a warm supporter. Cap tain Mostyn promised to send a letter to the captains to be read to all patrolmen Instructing them to report all cases of violation of sanitary laws and to arrest all persons seen violating them. They are to be reminded that at least once before such notice has been served and thst failure to observe this rule will result In charges being filed against them before the Board of Fire and Police Commissioners, with the object of having them dismissed from the service. Last summer the city council passed a resolution requesting the Board of Fire and Police Commissioners to adopt this policy, but so far as results are concerned nothing was done. PLAN TO CLEAR AUDITORIUM Second Merta-aa-e Boads Will Be Met aad Then Completloa Fund Collected. Members of the executive committee of the Auditorium will hold a meeting Friday noon at the Commercial club for complet ing arrangements for the campaign for sub scription to the second mortgage bonds of the Auditorium. It Is probable commit tees will then be appointed to begin a cam paign of personal solicitation to place the new Issue of bonds. Plans for the completion of the Audito rium building havo been completed by the architect, John Latenser, and bids are being taken from contractors, which may be ready for submission Friday to the ex ecutive committee. TC0 MANY BOYS IN ELEVATORS Law Is Disregarded and Accidents Or. earring, Kays Boiler Inspec tor Wolfe. Boiler Inspector Wolfe declares many owners and agents of buildings In Omaha are facing trouble In disregarding the laws governing the operation of passenger elo vators. "Recent accidents have been caused by employing small boys to run the ele vators." he ssys. "Complaints have come to me that agents ef several buildings have elevators In charge of boys holding no license from this office. The practice has been uninterrupted for some time, but there Is going to be a change. These men have no rlgtit to endanger people to save f! or !1 a week In wages of elevator conductors and they will find It cheapsr to observe tha law." BRYAN TURNED DOWN Pennsylvania Democrats Refuse to Endorse Nebraskan's Candidacy. RESOLUTION LAID ON TABLE Attempt of Minority to Make Itself Results in Failure. PLATFORM ON LOCAL ISSUES Graft in Building State Capitol is Denounced. PROSECUTIONS ARE DEMANDED State Officials Are Asked to Brerla Civil and Criminal Proceedings Aanlnat Alleged Looters of Treasury. HARRISBURG. Pa.. June 27-The dem ocrats in convention here today adopted a platform bearing directly on recent dis closures with respect to graft. The platform Is devoted entirely to state Issues, the revelations of the government commission which Is Investigating the ex penditure of $9,000,000 In furnishing the rtate capltol forming the feature. Believing this to be the vital ques tion In this state, we are not to be led astray by the perfunctory endorse ment of any candidate for president In lfifi, or the declamatory laudation of the present Incumbent. We recall with shame and reprobation tho official arts In regard to the building rnd furnishing of the stste rnnltol, of gov ernors, state treasurers, auditors general and superintendents of public grounds and buildings, and with special notice condemn tho conduct of a representative In congress, who, whilst drawing his salary at Wash ington, was helping to loot the treasury at Harrlshurg, We suggest that his reslg. nation would be a fitting end of his con gTMeslonal career. Nothing that the republican platform dis claims any responclhlllty for the capltol ftraft we claim and assume all respcinsllitl ty for the discovery and complete dis closure of the graft and further claim that the only means of securing complete res titution of the loot and punishment of the looters. Is to elect a second Berry, a man who knows no parly In the performance of his duty except that of honest citizen ship, and who, when graft and greed shamefully disgraces the state, Is alert to detect and discover wrong doing and cnriahle of punishing wrongdoers. With the proof In hand so clertr that all honest men are convinced of the guilt of many In high places, we demand of the present administration speedy prosecution of the accused, both civilly and crimin ally, so that the tax payers may regain their own. the honor of the state be vin dicated and, finally, that no guilty man may escape. John O. Herman was nominated for state treasurer by today's democratic state convention on this platform confined to state Issues. State Treasurer William H. Berry, who claims the credit for having uncovered the capltol scandal, was chair, man nf the convention and made a speech advocating the eloctlon of a . democratic treasurer as a cheok on the republican stats officials. He commended the capltol Investigation tommlttee and said that much of the testimony taken by the commission has substantiated the charges he made In the last campaign. Vote Down Bryan Resolution. At the meeting of the resolutions com mittee 8. M. Selbert took exceptions to the silence of the platform on national natters. Mr. Selbert said he could see no reason why a democratic party should be afraid to endorse Mr. William J. Bryan. There were cries for a vote on the plat form, but Mr. Selbert stood his ground and offered the following resolution: We are heartily In accord with the be liefs and positions taken by our peerless leader and statesman, William Jennings Bryan, the Jefferson nnd Jackson of tho democratic party of today and endorse his candidacy for the detnooratic nomination for president in 1908. The resolution was laid on the table, after which the platform as drafted was adopted. The platform Was read on the floor of the convention. Mr. Selbert asked permis sion to submit a minority report. The chairman of the resolutions committee held that no minority report was made In the committee and therefore no minority re port would be considered by the conven tion. He moved the previous question and the platform was unanimously adopted. CHURCHES ARE TO SEPARATE Engtllsh Lutheran and German Church. Are Growing; Wider Apart tn Tendencies. MILWAUKEE, June 27. The Journal to day says: A further separation of ths English Lutheran church and the German Lutheran church Is likely to be effected at the convention of the English Lutheran church, Missouri synod, now In session at Mount Olive Lutheran church, Milwaukee. Whllo the English Lutheran church of this synod has conducted tho academic educa tion of their ministers the religious Instruc tion has been given principally at the German college tn St Louis. At this meet ing a report will be submitted In favor of establishing a techologlcal college In some central city like Pittsburg, Pa. As a part of this plan, ths English Lutheran church proposes to turn over to the Oermnn Lutherans as a gift their college at Wln fleld, Kan. Another Important matter to be taken up at this meeting Is the organization of the young people of the church In a na tional association. TWO-CENT FARE IS ENJOINED Baltimore & Ohio Road Brings Salt In Pennsylvania Against New Act. UNIONTOWN. Pa., June r.-In an ef- 'fort to have 2-cent fare law In Pennsylvania declared unconstitutional,- ths Baltimore & Ohio railroad company, operating the Pitts burg it Conncllsvlllc railroad, hrs filed an equity suit here asking that the law be decalered void and that the court .of Fay ette be prpetually enjoined from recover ing from the railroad any penalty Imposed by the act. WHEAT AGAIN GOES SOARING Hevlsed l'.sliruate of Winter Crop Causes Price to Touch f.l.O During Day. NEW TORK, Juns fJ.-eA revised esti mate of the winter wheat crop by a Min neapolis crop ezpert sent the price of wh"l sosred this afternoon and within art hour an advance of t'fcc a bushel was re corded. September options touched $1 OS. ' The sharp upssrd movement waa accom- 1 panted by turbulent scenes on the floor of tho exchange aa ths shorts hurried to cover their contract.