Fhe Omaha Daily' Bee
VOL. XXXVII NO. 103.
OMAHA, WEDNESDAY MORNING, OCTOBER 1G, 1907 TWELVE PAGES.
SINGLE COPY TWO CENTS.
1
I
i
I
TOWN IS BLOWS UF
)
Fontanet, Ind., Destrt
lion of Powder
f; Explo-
TWENTY-FIVE TO
FIF1 D
Six Hundred Peron More
Injured.
n
it
CONCUSSION FELT 200
j
Magazine Contained Forty Thousand i
Kegi of Powder.
j
TWO HUNDEED MEN EMPLOYED
; ;
They Work In Three- Shifts and About
Seventy-Five Were on Duty
Plant Belonged to Dupont
Company.
FONTANET. InJ-. ct- 15.-Between
venty-flve and fifty dead. 00 Injured and
city of l.non people wiped out. Such U
tlia fate, which overtook Fontanet today
when tho Dupont powder works exploded.
Where stod a thriving and busy town of
1,000 people thla morning, tonight there la
tuln and scattered wreckage. The dead
and more seriously Injured have been taken
away. Five hundred Inhabitants, all more
or less wounded, remain to gather their
scattered household goods and sleep under
tents and on cots guarded by soldiers of
the state. Without warning the powder
mill", seven In number, blew up at 9:15 this
morning. They employed 200 men, and ot ,
. - i
these seventy-five were at work when the j compny, resulted In the destruction of
first explosion occurred In the press mill, j tn(, town, the death of about thirty per
ln (julck succession the glailng mill, the ios an(j the Injuring of maay more,
two coining mills and the powder magaxinc j pg, j
blew ua followed by the cap mill. In the , Commissioner Kane has returned from
magazine, situated several hundred yards t the iacifir coast with evidence of reo.u
from the mills, were stored 40,000 kegs of ' ing hy tne southern Paclllc road la'--n
powder. The concussion when It blew up
was felt 2i)0 miles away. E-very nouse in
this town was destroyed. Farm houses two
miles away and school houses equally dis
tant were torn to pieces and their occu
pants Injured. Indianapolis and even cm-
cinnatl felt the shock. A paasengor train
on tho Wig rour minmu -----hud
every coach window broken and sev
eral passengers were Injured by flying
gla8S.
Partial Mat of Victims.
Following Is a list of the Identified dead
and a partial list of the more seriously
Injured:
Dead:
n MONAHAN. general superintendent.
MRS. A. B. MONAHAN.
MRS. MONAHAN 8 BISTER.
OKORGK JirHTlCU.
JOHN 1IORO.
GF.OHGK iiOl-.O.
WILLIAM HKliRIM. . ,
HENRY HARRINGTON. I
8YLVKSTP.R DIAL.
A. I. WKH8TKR.
SAMMY NKVINb.
YATEH.
WILL DALTON.
i Injured: -Albert
Wasster. leg broken.
Mia Gtaoe. Brannoti. eye put out and
scalp Injurnl. . , ,.,
..f-l.imer nnrni, imni cmou.-,,.
HNcurgo
Hodges, wheelwright In
mll,; !
' Oeorge Walker, burned and Internally In
jured. , .
U M. farroll. flesh cooked.
"Mrs. Thomue Pars, scalp wound.
Mrs.-Martha Webster, cut on head.
William Hoilges, badly burned.
Andy Plttman, Internal Injuries.
H. M. Edwards, cut about head and body.
Mrs. Rachael Montgomery, cut about
head: cannot recover.
W. P. Mcfov, scalp wound.
V. M. Sherwood, hand, feet and body
crushed.
('hMt-)es NamIi
cannot recover.
Wtllarrt Carroll, cut about head.
Klllier origin, CUl anoui. inrea nti (iuu.v. f
Prof. J H Slioplaugh of Fontanel school, !
rlous body Injuries. ,
George Stewart, seriously hurt.
Miss Susan Rlshnp,teac her at Coal Bluff.
Mrs. Wsstcller, fatally Injured.
John Oruy, employe powder mill.
Alex Kiddle.
Harvey Chandler.
Alvle Edwards. '
Fred Cross.
Edward Cross.
Harvey Kelso.
L. J. Harris.
Carl Hamertck.
Mr. Vulker.
William Walker.
James Thompson. ,
It. M. Edwards.
Mrs. Writs Hrannon.
Mary Hrannon.
Concession Wrecks Town.
The mill went up with three distinct ex-
plosions, followed ninety minutes later by
a fourth even more serious than the others
when the magaslm a went up. Immediately
following the explosions the wreckage
. .. . , .. ., u .. i,.i.iinK,. kA . . ..
lUllft ,uu nil mil At-limillB VI lll IWWIli .
who rushed to the rescue of the mill em-
ployes, found themselves powerless to aid I
thorn being In the ruins, fhry worked
frantically In constant ranger form pes- I
slhlc succeeding explosions, unmindful of '
their wrecked homes. Desd and dying j
were, picked up and collected. Eighteen I
bodies horribly burned and mangled weru
carted to a protected spot to await Identi
fication, while the badly Injured, number
ing upwards of fifty, were put in special
train and taken, to Tere Haute for hos
pital accommodations. Scarcely one of
of the l.ooO Inhabitants of the town but
carried blood on hands and face from
Ills own wounds or those of people who
had required aid.
The rails were located one mile south of
the town. With the first explosion the
employes ran ror safety, but most of them
were killed or wounded by the quick fol
lowing explosions In the other mills. When
the heat from the .burning mills exploded
the giant powder magaslne ninety mln- I
utes later, destroying the town by the j
concussion, many of those doing rescue '
work were badly Injured and several !
killed. Sueperlntendent Monahan of the j
plant was killed while sitting in Ms office. ;
and hla wife and sister-in-law were killed '
in thiir home sotite distance away. !
SCANDAL FOLLOWS WOMAN
slater of Mrs. Ansjustna Hartje
Plttsharg Suddenly Leaves
Seminary.
of
TARRTTOWN, N. V.. Od. U.-Mis Ida
8. Soott, sister of Mrs. Augustus Hurlje
of Ilttsburg. whose husband Is suing for
divorce, has suddenly left Miss Dana's
Mmlnary for girls in this city, where sho
has bun enrolled as a pupil since the be
ginning ot the prcapt school term. Al
though the school suthoritles declined to '
discuss the matter. It waa learned that
Miss Soott kft the tnetitutlon on Saturday. I
A rcpreteniative of the school said: I
"It la very remarkable and unfortunate '
affair, and the least said about It the bet
ter. All I am at Liberty to aay Is that
Miss rVott has gone away temporarily, ac-
lompauivd by a relative from Plttsbuig.
How long she will remain away I cannot
say, but at least until the present proceed-
lugs have become quiet."
Mia Soott is M years old. It was not
knowa until recently that she waa in any
way connected wtth the Pittsburg affair.
SUMMARY OF THE BEE
Wrdnriilar, October 1, MMIT.
1007
SUM -On
0) If
6 7
(3 M
0 21
OCTOBER 1907
rut wto mil Ml SAT
12 3 4 5
8 0 10 II 12
15 16 17 18 19
22 23 24 25 2G
29 30 31 1
TUB VEATHI1.
Forecast tin 7 p. m. Wednesday:
! ror uman. Council Rlurfs and Vicinity
' Fair and warmer Wednesday.
For Nebraska Fair and warmer Wednes-
For Iowa Oenerally warmer Wednesi'av.
Temperature at Omaha vesterdnv:
V"
.
f a. m .' 51
8 h. ni 4H
7 a. in 47
8 a.' m 47
f a. m M
10 a. m 54
11 a. m !'
12 in 61
1 p. m M
2 p. m ex
3 . m tti
4 p. m fix
5 p. in i
6 p. m i. M
7 p. m '(
8 p. m 61
9 p. in 6!f
v DOMESTIC.
A legal content of the will of Neho.i
Morris, Involving nillllnnK. was prevented
by an agreement of the heirs that, how
ex er, nullities the wish of the testator.
Fags 1
Explosion of Mg powder mills at Fonia-
net jnd owned by the Dupont Powder
from the line's own books.
Fags 1
October 28 boa been set by Judge Wood
as the date for the Pcttlbone trial.
Fare 1
The court at Decatur, 111., denied the mo
tion of the defendant Magllln for a ver-
flrt an(1 tne c.Bse wiu proceed. Patfe 1
Aeronauts at St. Louis are getting ready
for their air races. "ag" 1
Chicago packers fight the ElUliis lew.
claiming In the t'nlted States supreme
court that It does not relate to rebates
on export business! Fage 1
Testimony In the New. York heu.log
that the Standard Oil company kept tra -k
Lof the sales of Its competitors. Fage 1
State officials think contractors for
prison labor do not pay enough and agree-
, ment may not be renewed. Fage 3
: John O. Yelser commences his mandamus
; cuae In the supreme court to have IHb
; name, with that of C. T. Dickinson, plieed
1 on the Douglas county ballot, endorsed by
' the republicans and democrats. Page 3
' The Nebraska Railroad Commissioner
promulgate a. speed order directed against
the Missouri Puclflc railroad. Fare 3
itlierlff AUandr , of Howard outy
enmea to Omaha -to Investigate further
In the 'assault case near Itjelus. Fare 3
Soldiers at tho Grand Island homo file
suit ugalnst the State Hoard of public
Lands, and Hiilldlngs to test their recont
order concerning payment of pension
money. Page 3
roKxiav.
Secretary Tuft has landed at Manila.
He directs that liquors shall not be serv-d
In entertainments given him. Fage 1
Stocks at Montreal fall, causing heavy
i loss to Investors. Faje
Emneror Francis Joseph's cougli is
. , , . . . i.i.,.,!-.
worse, and yet he does not think hlmscl-
M at all. jrage
Sultan Abdul Ail suggests a Frenc;i
protectorate over his kingdom. Fage 1
ftudyard Kipling has Been Investigating
' tho oriental question In British Columbia.
Fage 1
Sixteen persons are killed In a train
wreck in England. Fare 1
Ambassador O'Brien Is given his welcome
In Japan In a formal audience with the
emperor. Fage 1
MOTEKEITTS OF OCEA.H STEAMSHIPS.
ArrlYMl. Sailed.
. V. Amiterdtm. ..
Graf WsldrrMt.
.C-alfdunl-i
8t. Paul.
. PrciKtnt Grant..
.K. P. V'tltrlm .
. r. dr Oriwe. ..
.KroonlanA
NKW YORK..
PLYMOfTH .
(H.AHOOW . .
I r.tivuuni'nn
piymoi'TH
; M.YMorTH
pJvERN...'.'i
I
f" j 7
ai
You can help
advertise Omaha
Hy sending to your friends j
or customers copies of the 1
handsome edition de lux of !
i
The Omaha Sunday Bee
Omaha vrhc city
of Beautiful Homes.
OCTOI1ER 20, 1907
! I
The Bee has undertaken the Im
mense work of publishing eight
oages of pictures- printed on hlgh
?railo paper, ahowlntc Omaha's
j handsome residences, parks and
I Soulevards. To make pvtplo out-
tide of Omaha realize what a beau-
; liful lity we have will be an ad-
; rertlseinent which will do Omaha
i Jnlimitfd good. The Bee wants
theso to be sent to everyone pos-
l lhle, so the price has been made
3c pr copy,
! He mailed for you.
j I'ltatt tend your uriter a$ tarly at
i l SEND COriES TO ALL YOUR.
HI ENDS.
NEW COAST DEFENSE PLANS
War Department Devotlas; Its Atten-.
tlon to Protection of San
Pranrlseo.
8 AN' FRANCISCO. Cal. Oct. l&.-The
general plana of the War department for
the new conal defenses have begun to
take shape at this point. The first point
that will receive the attention of army
officials la Half . Moon bay. At a point
! which might be vulnerable aa a landing
approach to Ban Francisco by a foreign
invading force, the ' government Is able Rostand, the French playwright, who .i
to establish defeusa that would Ji event operated upon uu days ago for appeiidl
au entry then jvitis, does not continue to Improve.
DIVISION OF MORRIS ESTATE
Heiri of Chicagro Packer Avoid Big
Will Contest.
TESTATOR'S WILL IS NULLIFIED
Agreement for Immediate Diatribe
lion of Property. Whereaa It
Was Otherwise Pro
Tided. CHICAGO. Oct. 15. The Tribune today
says a C'l.OoO.noo will contest that was
argued and settled out of court was dis
closed yesterday when the last testament
of Nelson Morris, the packer, was filed
for probate. As a result of this remark
able situation, the principal provision of
the will has been nullified. Instead of
carrying out an arrangement which would
have held the bulk of the estate In trust
for at least fifteen vears. the widow and
her four children will divide the propertv
equally among themselves at once. In
stead of tdiAono and sn annuity ofla.OoO
during the next twenty years, each of the
five principal heirs will receive at once
Ifl.oiOOW In cash and securities.
Furthermore, It became known that be
fore the will was filed each of the heirs
secured title to a fifth part of the estate.
The property was allotted in equal shares
to the widow and children In binding agree
ment, signed by the executors of the es
tate. When the trust arrangement had
th'js been wiped out the will was filed.
Family Waa Divided.
Kver since Nelson Morris died, nearly two
months ago, a serious, though friendly de
bate over his will had been going on In
the family. On one side, seeking to abro
gate the trust under which they wonld not
have come Into their Inheritance for from
fifteen to twenty years, wire ranged the
widow and three of the children Mrs.
Maurice I Rothschild. Mrs. Henry C.
Schwab and Ira Nelson Morris.' On the
other side, seeking to carry out the provi
sions of the will under which ho would
have been In control of the estate, stood
Edward Morris, the eldest son and tho
present head of the Morris packing por- as It nears Shrewsbury and there Is a
poratlons. It was simply a case of dl- 'standing order that the engineer must not
vergenco of opinion. j exceed a speed of ten mtlcs an hour et
The argument over the disposition of the jthat point. Disregard of the order is be
packer's millions reached a point where lleved to have bee.p the cause of the accl
lawyers were retained by the opposing j dent. The engine and all the cars, with
factions In the family and a long drawn the exception of tho last one. left the rails,
out legal contest was threatened. Finally and when the officials from the railroad
Edward Morris met the views of the rest
of the family and an amicable agreement,
setting aside the trust plan and providing
for an Immediate division of the property
wns signed by all the heirs. The business,
however, will be continued as at present
with Edward In control.
Provisions of Document.
CHICAGO. Oct. H.-The will of the late
Nelson Morris was filed for probate, to
night. The petition accompanying the will
estimates the estate at not to exceed 13),-
OUO.OOO. Of this amount more than $18,090,000 j who were In the malt car Immediately be
Is In personal properly and the balance In ! bind the lender of the engine,
real estate. j " '
The bulk of the estate Is left In trust EMPEROR'S COUGH' IS WORSE
10 me executors ror the various members
o( Ills family. The sum of. 0.(iu0 la to
be pala immediately to Mrs." Morris, and
she will -participate also in the Income from
the estate at large.
Tho following bequests are made to char
itable Institutions: Hebrew Orphan- asylum,
Cleveland, O.. $10,000; Jewish orphan
asylum, Chicago. $10,000, and $5,000 each to
the following Chicago institutions: Home
for Aged Jews, Visiting Nurses' assocla- ' nllht wag rejieatedly disturbed by a strong,
tlon. Home for Incurables. Home for Dest!-; PXhaustlng cough, maklug necessary the
tute Crippled Children and Little Sisters application of a .wet paek. ,
of the Poor. J Tm, enippror rose a little .earlier than
Fifteen thousand dollars Is set aside for usuai and was somewhat tired after yes
the endowment of beds in various hospitals" terday s work. Nevertheless he" Imine
for the benefit of the employes of Morris dlately received the court officials and a
Co' Hungarian official, who had a report re-
Although the will provides that the M-',,art,. tko progresa of the work of put
tate be left In trust. It was said by the tlnK Ulf. Ausgleich in operation,
attorneys and sons of Mr. Morris that be- : Uiter. liowever. ttie patient's condition
cause of a written statement left by Mr. ' became worse. The fever, which ceased
Morris It was probable that It would be last night, recurred moderately at about 10
divided into five equal parts among the , o'clock. Ills heart's action and general
widow and the four children conditions are not unsatisfactory; the ob-
" ' " " " " " ' stlnacy of the fever alone causes uneasl-
AERONAUTS PREPARE TO FLY noM- the Trquent coughing being accom-
, panled by abundant expectoration.
Air It aces Attract Mo eh Attention at
St. I.onla Many Contest-
ants Arrive,
ST. LOI'IS, Oct. 15. The airship Beachy.
which o-iii he e4..reH in ti, u ,n"
rigible balloon contest and which Is the
j first to arrive of six of Its class. Is lelng
erected at the ascension arounds of the
Aero club of St. Louis. Lincoln Beachy,
j Inventor and operator of the airship, Is
I superintending the work. "There will be
l no preliminary flights of the Beachy before
: the races come off next week," said Mr.
! Beachy. "We have passed .that stage of
; the game long ago."
Charles J. Strobel of Toledo. O., who Is
also to enter the dirigible balloon contest,
Is expected lo arrive today or tomorrow
m-illt liia -Ir-l.tr, Tl.n fram.wA.I. . . . T1
alrshl will be assembled as q ilcklv as
possible after arrival and will be protected
by tents. All balloons will be unpacked
: snd Inflated with air In. order to detect any
I rents in the bags. '
I John Dallas, who has entered an aero
! plane, has arrived from Sedalla, Mo., where
, be made a number of successful flldila
!dlirino- the Slate fttle
The German contestants In the balloons
... ... .
' are expected to arrive today and the French
contestants are expected tomorrow. Major
H. B. Heriy. who will take Lieutenant
Lahm's place In the balloon races, la also
expected today.
i The work of erecting the bleachers and
Installing the pipe line to convey gas from
the Laclede's tanks to the ascension
grounds, will be completed by tomorrow.
J. C. McCoy and Captain Charles F. j
Chandler of the l'nlte.1 States signal corps, i
who expected to make a teat flight yester- j
flav In Inn hillnAn T-r-nKA K . . .. -
vr,fw -... ,.!..
ered In the baa. orcunled ,h dv in
Ing, and anticipated muking the first flight
today.
EFFORT TO BLOW UP TOWN
Large . Amount of Dynamite Found
1'nder Totva at Stratford with
Foaee Attached.
WEBSTKR CITY. la.. Oct. 16 -iSpeclal
i Telegram.) fireat excitement at Stratford
..,.. ,. . .
l,..,C,ll.-4 J 1C .11 , KKIIIIQ VI CIIUUI!
dynamite under a water tank to blow up
the town. Fuses were attached. It Is be-,
lieved the plan was to blow up the tank
and fire the town, as Stratford waa burned
a year ago. All suspicious characters are
being arrested.
Hoataad Dora Not Improve.
PARIS. Oct. li-lt la reported here from
I Uayonne that the condition ot Kdmond
PROTECTORATE OVER MOROCCO
nltaa ald to Hare Asnreed to Control
ay French Oyer the Katlre
Klaa-don.
TANGIER. CHt. Judging from the
latest semi-official declarations here. Bui
ton Abd-e-Aili. during Ills conferences
with the French minister, at Ralxit. In
vited France to consider1 the question of
establishing a protectorate over Morocco,
Including the Immediate occupation of the
entire cor.st.
The attempt, now Imminent, to Impose
foreign military police upon the various
sea porta of Morocco, will meet. It is be
lieved, the fierce resistance of the natives.
PARIS, Oct. 15. In dispatch from Tan
gier ft correspondent of the Petit Journal
says that Mulal Haflf's army. 8,000 strong.
Is marching on Casablanca with the direct
Intention of attacking- General Drude,
commander of the French forces at Casa
blanca. Is making elaborate preparations
for defense. The tribesmen which recently
attacked a French column near Oudja also
sre reforming snd preparing for an attack.
In a dispatch from Rabat the corre
spondent of tho Matin aays the extremity
of Sultan Abd-el-Asis Is worse' than was at
first thought. He has only money for three
days and If France does not come to tb
rescue financially he will be forced to Ola
band his army and shut himself up In
Rabat. Such an event becoming known
among the wild partisans of Mulal Haflg
would have the gravest consequences. They
probably would besiege Abdol Alls In
Rabat.
SIXTEEN KILLED IN ENGLAND
Engineer Takes Train Aroaad Cnrte
at Fnll Speed at Shrews
bury. SHREWSBURY, Kngland. Oct. 16 A
train made up of passenger coaches bound
from Scotland and the north of England
to Bristol, loft the rails as It was enter
ing the station here at an early hour this
morning. Sixteen persons, Including ten
passengers, were killed and many were in
jured. Tho London & Northwestern railroad, on
which the train waa runnlnif. curves sliarnl:'
I station reached the spot the cars were
a tangled mass of wreckege, beneath which
were the liodles of the dead and Injured.
I Fortunately the wreck did not catch fire
' and tho doctors and salvage crews when
Ihev renehed the. scene ditl not hsve this
added danger to fight In the darkness a'ul
pouring rain whiich. JioweVer, retarded , the
work of rescue and several hours elapsed
before the last budy was taken out.
The killed Included the engineer and fire
man and the guards' and postal clerks
Ho-s-e-a of - S-a4rt? .-Wm Not g-wllr
Ura II aed-r-tMSa-loU St i U
H-IvmI. V
VIENNA. Oct- uV-12:20 p. m.-The doc
tors' optimistic expectations regarding the
Improvement- in the health of . Emperor
Francis Joseph have not yet been full'
realized. The sleeD of the Datlent last
Tne attending physicians again today In-
formed the emperor that a trip to a south- j
! ern . place was advisable, but he decidedly'
j refused to leave Schoenbrun castle, saying '
' " wou,t' 1)0 ,0 tedious for blm aiivwhere !
else mid that he must work, as otherwise i
''e wou,,l slek, .thus showing he does'
rot ,n8luVr I'lmself 111. j
"
STOCKS FALL AT MONTREAL
BIk Slump Copses Panic nnd Heavy
Loss to Canadian In
vestors. MONTREAL, Oct. I.i.-The stock market l
was excited, the result of the passing of the j
quarterly dividend of the Detroit fnlted
railway. 1 nis siock is very largely nem
, . - . . v. . .. 1 . i - i .
yesterday to 40 at the opening today was
the firs', drop, and later on It dropped to i
2SI,.
Toledo dropped to 10 and the whole mar
ket waa badly affected. A good-sized frac
tion of the total common stock la hold here.
It having been bought after it had been
; hn,,n,..i i uf .nvHtmi n,.i. wi.ir..-.
.
aim oriinnns in ne'iuy are nepenaina on ine
dividends of this stock for nart of the'r sua.
ni.ucniis oi mis ux k tor part oi ine.r bus-
tenance. '
The street was full of people who have
lost heavily by the slump. There was the
greatest excitement on the Stock exchange.
FLOODS IN SPAIN SERIOUS
i fireat Distress Reported In A lei
,lty
of Barcelona by Continued
High Mater.
BARCELONA, Oct. 14. The floods in this
vicinity continue to be mont -riou. Vd
the present time five persons have been
nrowneu nun imunii uui ui worjx.
The greatest distress Is reported from
Nanresa. the birthplace of St. Ignatius, the
founder of the Society of Jesus. This vil
lage has been terribly ravaged and the
waters have washed out countless coffins
and bodies from the local cemetery.
A house In Santander, the property of
i Premier Yaura, is flooded up to the second
i story. The family was forced to taku
. refuge on the roof, whence they were res-
, cued.
I The Oaudalmedlna river Is agatn out of
ills banks and In this district several old
people and children have been droaned.
Wool Growers Prepare for Meet.
IIK.LLNA. Muni.. Oct. &.-Oi-orge D.
Walter of Cheyenne. Wyo., secretary of the
National Wool Growers' aaatsiulton, has
iioillied the Helena Commercial club the
forly-fourtn annual convention of the as
sociation will be held In thla cli January
Speakers of national prominence will
be preae... and President Roiaevelt a policy
for government supervision, of public ranges
will be the most Important topic for dn-cuasic
FISH ORDER IS MODIFIED
Harriman Will Not Be Allowed to
Vote Disputed Shares Today.
ELECTION
WILL
PROCEED
Agreement that Votes Mar Be
Rat Xot Coanjed, Election to
Void If They Wonld Affect
Hntll,
Cast
Be
t-lllLAUO. qcl. lo. fc It. ilarnman was
today, by an order of the court, deprived
of the voting poor of 28fi,731 shares of
Illlnois Central stock In the annual meet-
Ing of the railroad company, which opens
here at noon tomorrow. The order of the
court was practically Identical with the
modification asked by the attorney of Mr.
Harriman. Both tides claim a victory. Mr.
Fish because the enjoined shares will not
be effective at the election, and Mr. Harrl-
man because hla mollification was secured.
These shares of stock ruled out are those
hold by the I'nlon Pacific Railway com-
pany. the Railroad Securities company of
New Jersey and the Mutual Life Insurance
company of New York, against a tempo-
rary Injunction, wtilch waa yosterday Is-
sued by Judge Ball In the superior court.
Mr. Fish asked that the voting of these
shares be enjoin d. The court today, after
extensive arguments by the attorenys of
both aides, modified the Injunction by per-
milling the shares to be voted under the
condition that If any of these shares should j
have a decisive effect on any vote taken
the entire vote Is then to be null and
void. In other words, Mr. Fish Is given by
the court a handicap of 2f!,73l votes, and
In order to defeat him on any motion or
resolution which comes before the nnnual
meeting Mr. Harriman and his friends must
cast 28B.T31 votes more than aro cast by
Mr. Fish and hla followers.
The total outstanding shares of the Illi
nois Centnal number 960,400. Counting out
the shares affected by Judge Ball's de
cision today, the total effective vote is
66i.&!9 shares. Based upon previous meet-j
lngs of the Illinois Central ralroad, the
estimate Is made that approximately 100.000 I
shares will not be voted. This, In the j
opinion of the attorneys In the case, wilt j
leave a probable representation of 6C3.06!!
shares at the meeting. The Harriman crowd
claims to hold proxies of 308,000 of these
shares.
Tho decision of Judge Ball was granted .
after the attorneys for Mr. Harriman and
Mr. Fish had filled the day with argu
ments, and was the result of an agreement
reached between Thomas Nelson Crom
well, representing Mr. Harriman and Judge
Farrlar of New Orleans, who acted for
Mr. Fish. At the opening of court, At
torney Ralph M. Shaw presented a motion
in tbe name of President Hnnrahan of tho
Illinois Central asking for a modification
of the temporary Injunction Issued yes-
terday.
Order of the Court.
The modification suggested by Mr. Shaw
was as follows: I
Thcre shall be received and tabulated by
the inspectors of those appointed U re-
celve aud canvass the: ballots, all the
vote., of all the shares 'of such corpora
tion, fncluUIng thewe shares1 herein before
restrained from voting, whlcly may be
voted on any motion or resolution, or fur
the election of directors of said corpora
tion and the votes of the shares of the
shares of stock, the voting of which has
heretofore been restaiined, shall be kept
and tabulated In a separate list, and If It
shall appear that results of the votes on
lany motion or resolution would be differ
ent tr the shares of stock heretofore re
strained from voting should bo counted,
then the entire vote on such motion or
resolution ahall be of no effect and the
H mo nfl If It had never been tnken sod
11 it eimu wpiieur (Mill ine it-nun 'i nit-
vote for any of the dlectors to be elected
at the annual meeting on October 16, 19 7,
would be different if the shares of stock i taken up the timber claim. Adams, it was
heretofore restrained from voting should j a,K,.d wnB tm) 1Jglfrr for the Inner cir
be counted then the entire vote for anv , , ,, . , ., .
such dieeior or directors shall be ,ifvn j cla. so-culled, of the estcrn redf-rallon of
effect and the same as If It had never been Miners. He testified at the trial of William
taken: and thereupon the election of dl- j o. Haywood recently at Boise,
rectors shall be postponed. j
:::lllct?JyX. ambassador given audience
which was submitted by Mr. Shaw. A
few trifling alterations were made which Formal Ceremonies of Reception for
did not affect the general sense, and it I Diplomat of l ulled states
was provided In Judge Ball's order that
the date of the postponed meeting. If an I
; adpournmrnt becomes necessary, shall be
December 18.
The court also directed that tne proceed-
lugs of today shall not prejudice any pro-
ceeding that may bo commenced herenfter
by either party to the dispute.
As the matter stands toniarlit both sides
believe that victory Is In their prasp. Kach
; is or ine opinion mat u noios uie an ntesi
: numher of p1'. mc at"i fads in
this connection cannot be guessed at with
any accuracy. It is admitted by the attor
neys on both sides that many stockholders
have Issued duplicate nnd even triplicate
proxies, and as the proxy of latest date
Is effective, neither side knows exactly
where It stands. Neither will give out fig
ure?. Mr. Harriman arrived In the city today
K, .... .,, ,.. ,,
In court throughout the
da.
: SHIPPERS ARE TAKING PART
Objections Realstered Acalnat I nl
form BUI of I.adlns; at.
Washington.
i ii'icimk'itav i: i... . -. l
, , , . , . .,, '
i,ar ne Involving the cronosed uniform bill
1 of ajne wus iea before the Interstate,
Commerce Commission todav. Practically
ovrrv rairf)B(1 the I nlted State was
represented, as also were the shipping ln-
teresta. Tho commission had suggested
h appointment of a Joint committee by
the rarrlers and shippers to submit a suit-
able form of bill of lading. After numer- I
j iioi conferences the commission formed a
; uniform bill.
: The morning session was taken up with
arguments by representatives ot the shlp-
Pe nd whrn the Hearing adjournod for
luncheon
the arguments had not con
cluded. The discussion developed a lack
of unanimity among the shipping Interests
as to the most suitable t.l' I i t lading to be :
adopted. It also developed that the bill
projiosed is not altogether satisfactory.
; DEFENSEMOVES FORVERDICT
Magllla Ask Court for Instruction
Their Behalf When State
Rests.
in
L'KCATl'R. III.. Oct. 15.-The state closed
j evidence in the case of Fred and Fay
; oraliam Magiu tnis mmiing and counsel
! for the defense Immediately filed a de-
murrer to the evidence aud asked the court
to Instruct the Jury to ret Jrn a verdict of
not guilty. Arguments cm the demurrer
followed.
Dewey Will lis to the Coast.
SAN FRANCISCO, Oct. 1 6 A letter re
ceived In thla city from Admiral Hew.-y
expenses the hope that l.e will be able to
come to California during the visit vt the
J Atlantic fleet to the Pad;
SON SHOOTS MOTHER FATALLY
In Battle with llnralar Vnnne; Kan
sas City lan Caasea Her
Death.
I KANSAS CITY, Mo, Oct. 14.-Gcore
Smiley, aged 17 years, shot and killed his
mother, Mrs. I.lnle Scliolfer. aged 42 years.
In their home at 2T43 Myrtle avenue at S:30
o'clock tills morning. In a statement to the
officers Smiley says, he shot his mother In
defending ber against a burglar. He Is be
I ing held for Investigation.
Hmlley was the woman s son by her nrst ;
; husband. She was separated from her
second husband and the boy and his
mother lived alone In the southeastern part
of tne rlty Smliey following the shooting
R,ve tne arnl to thp neighbors and al-
though nearcli was made for the burglar
promptly no trace of him could be found,
The b()Vi taken to the station and ques-
tinned told a dramatic story of how he
killed his mother In trying to defend her.
Smiley said he had been awakened by the
Bereaiiis of his mother, who told hlm there
was burglar In the house. The woman
na, grappled with the man and urged
smiley to get his shotgun. A moment later
the burglar had freed himself and wai
making an attempt to escape, when Mrs.
Scholfer ordered Smiley to shoot. As
pnillcy raised his gun. a single barreled
affair, and fired, the burglar, he says,
pushed the woman In front of him. She
received the full effect of the discharge.
dying within a few moments. The burglar
escaped, leaving no clue.
Mrs. Schulfer was shot In the breast and
never spoke after receiving the wound.
Smiley said he could not see the burglar
clearly. An Investigation of the house
made by the police showed that the bur
glar had taken Sl.5 In money and some Jew
elry and had escaped through a window.
The police believe Snilley's story and
10
will probably be released. Ho told his story
between fits of crying. He said that Schol
fer. Ills stepfather, had been separated from
his mother for two years and the last tlmo
they heard from him he was somewhere In
Iowa. The Scholfer home was situated two
blocks outside the city limits.
FEDERATION MINERS ESCAPE
Judge Lansran Dismisses Cases
Against Men A censed at
(ioldfleld, ev.
SALT LAKE CITY. Oct. 14 A special to
the Herald from Guldflcld, Nev., says that
upon motion of the district attorney, Judge
lnpan yesterday dismissed the cases
against Vincent St. John and other mem
bers of tho Western Federation of Miners
accused of conspiracy to kill Sllvet, the
restaurant keeper. Two men. Preston and
Smith, are now serving five and ten-year
terms respectively In t lie penitentiary for
murder. The district attorney said In mak
ing his motion to dismiss that some of
u,e witnesses were out of the slate and
'the state could not hope to convict on the
' evidenro at hund. St. John has been out
j on bajf.
PORTLAND, Ore., Oct. 14. A special to
I the Oregonlnn from Ratlidrum, Idaho, says
! that Steve Adams' case will be called' to-
j morrow. Judge Woods stated unless there
( lB BOUM. opposition the case will be set for
retrial October St.
Steve Ad ims la cliarged with .the muider
nf Wxil Tvlar. Hla first trlul was Lelil Mt
Wallace, Idaho, and March 8 last the juiy
was discharged after reporting their In-
ability to agree upon a verdict. Tyler was
a timber se-tler and disappeared from his
timber claim on Murblo creek August 10,
1904. The murder of Tyler remained a niys.
terv until after the death of ex-Governor
s...n....K..rv . n.rr twiwM-H'. e..nf ...
not only Implicated Aduti.s and other fod-
nppl Inn men In the eY-Kiivcrnnt-'a tmlrrinr
' .,,, r w..l, A
...i.i i... A.in...a ., t....i,
: .... . . .
Simpliins also Kiiien lyier Because no nau
to Japan.
TOKIO. Oct. 15. Thomas J. O'Brien, the
i new American ambassador, presented his
.credentials to the Japanese emperor today,
'and Mrs. O'Brien waa meant lino received
by the empress. Mr. O'Brien was intro
I duced by the American charse d'affaires,
!1I. Percival Dodge, who offered Ills letters
of recall and also Introduced Peter A. Jay,
his successor as'secrctary of the embassy.
! From the embassy to the palace Mr.
'O'Brien was escorted by a troop of lancers
of the Iriijierlal guard. He rode In a mag
nificent Imperial state coneh of red anil
gold and wiih accompanied by an official of
I,. ii,,,...Hul l.i.iiu. liiil.l Two Ininerliil car-
Viagea wire pros Med for Mr. I Judge, Mr.
Jay. Second Secretary VViieelcr. Lieutenant
Colonel Irons, the military attache, and R.
S. Miller, tho interpreter of the embassy.
The carriages lieluiiglng to the embassy
I c,mveyed the ladles of the party to the pal-
HI T. All. i , l IHUIl J ir,- wno an.rii i,,i,
formal. The emperor said -he hoped Mr.
O'Brien's stay In Japan would be pleasant
and was glad to welcome him on account
of the cordial relations existing between the
two countries. '
Mr. Dodge will leave Tokio October L'2 for
Washington.
SECRETARY TAFT AT MANILA
Water Parade Ilealunlna of Func
tions (iltrn II I in llau on
Liquor.
MANILA. Od. 15. Secretary Taft arrived
at 4:1 i. HI. today from Hongkong and re
ceived an enthusiastic, welcome. His recep
tion began Willi a water parade, headed by
Governor Smith, General Wood and Ad
miral Hemphill. The secretary was escort
id to th.' palace by troops and distinguished
Americans and Filipinos, and was formally
welcomed by the mayor.
Much discussion has been raused by the
fact that no liquors will be served at the
functions In Mr Tuft's honor to be held at
the palace, which step Is said to Imve been
taken at the direction of the secretary.
KIPLING SENTJTO VANCOUVER
! Fualtahmuil Mukri Pointed Inuulrlee
About Presence of Orientals
In Canada.'
VANCOVK.R. B. C. Oct. IS That Rud
; yard Kipling waa sent to Vam ovcr by ihe
imperial guverniiient to Investigate and
report on the feeling of the people of the
Pacific coast upon t lie question of Asiatic
and Hindu immigration, is believed by
many of those who came in contact with
him. His object In rushing to British Co
lumbia was never once referred to by lilm
during his visit. Yet be asked many
pointed questions ou the Asiatic and Hindu
problem.
HORSE HOLDS STAGE
Yields Not Yet to Beauteous Woman'a
Gorgeous Gowns.
SOCIETY IS BIG FACTOR LATER
Attention on Second Night of Show
Devoted to Tanbark.
WEATHER COULD ROT BE BETTER
Prospects Are Encouraging from tho
Box Office Standpoint.
TONIGHT IS FREMONT'S NIGHT
Proa ram Will Inrlade Borne ol
Finest Local Animals and Cracks
or Inlted states and
Canada.
LEAD noppr: sitnw
Awards for Omaha Miihl.
FAKK HORSE.
First Crow ft Murray
Second X,awrenoe Jontt
Third Ward C Burgesi
COBS UIO SADDLE.
First. .' F.usssll Ira as
Second W. K. McOord, agent
Third E. A. Cndahy
TAMDEH1
First X,awrenoe Jones
Second.
Third . .
B. P. Feck
George Feppei
BOASSTEHS.
. T Don M. miley
T. O. Byrne
Thomas Bass
OIO HOBSE.
W. H. MeOord
. . . . Ltwnaoi Jones
Ward M. Burgess
SADDLE HOBSE (Local).
Joseph M. Ondahy
Mrs. N. F. Dodge, Jr.
First. . .
Second .
Tblrd. .
First. .
Second
Tblrd.
First. . .
Second.
BUB ABOUT HOBSE (Local).
First ...W. K. MeOord
Second S. F. Peek
Third A. 0. Smlttt
COMXnTATIOB HOBSE.
First Thomas Bass
becond Harris ai Kiohardson
Third... B. It. Hey don
FABK FOUBB.
First W. H. McCord
Seeond Lawrence Jones
Third Crow It Murray
KUHTEB LIGHTWEIGHT.
First i eorge Feppsr
Becond Ctotge Pepper
Third E. K. Wrataeroe
The second night of the Horse ' Show
was even more successful than the first,
for success must be counted by the num
ber of spectators and the pleasure they
evinced. 'More people were, out than on the
first night and when the last class had
been shown they were not yet tired of ad
miring the hoiscs.
Society people were not nut In such large
numbers aa the nlulH before; it Is the
! custom to rest the. second night und pro-
,nr0 to oUe,,J t,lc re'iiali.li.g fur nights
, succession. .
11,e P"1" ca'"e ear,y ,ul nu'"1 of th
box,- weTO mWd wm?n ,,,u Hr,,t ntr
was announced. uuisioe uie nig iiuini
ing there was the ukuuI crowd to enjoy
an much of tho show as was 'ivutlahle
' t hou t going Inside. They watched tlfc-
gnntly gowned women and men In ovon-
j Ing dress alight from automobiles and
carriages wm iiunn uiiut-i mc mii.tiw
: uanlna that led to the nortnl of tho bl
' -- - - -
UllllUIIIK Ull.l I .... I in.-jr " i i v ,,,i,a w(J
; five deep wutchlng tho equine beauties
which were lid from ' tho hitching tent
I across the street to tho arena.
It was an odd s'lght while the uliow
waH going on to see the long lines ot au- ,
! tomoblles standing along tho curbing
I near the Auditorium. Onn man wai so
deeply struck by seeing the line of curs
that he apostrophized them somewhat as
follows:
"Here you are, poor, dead things', deso
late and deserted by your flcklo owners,
while inside of yon building, ablazo with
light, daggling with decoration and llllcl
with an elegantly dressed crowd, the
horso Is tho connoisseur of ul! eyes. Poor
automobiles!"
Tho weather was quite propitious, be
ing neither too warm nor too cold, tuo
dry nor too wet und even the wind was
quiet.
Building; a Beautiful ftltkt.
The great building was a picture of
beauty. Kvi rywhero were the red and
! white colors
f the show. They were
I draped arcuuul
the front of thu
I balcony, they were represented In
' mint around the wooden sides of the
arena, they hung ironi me lopuiosi earn
ers In graceful festoons and Hags, they
were draped around the boxes, liny weio
massed in bank beyond bank above iho
stage and the pillars weru twined with
them. There were also many representa
tions of tho great shield of tho Horse
Show executed 4n the colors.
In the boxes around tho arena wure
gentle women aim strong men come 10 do
honor to the horse. Does some carping
critic, remark that they also came to show
their gowns? Well, at any rato the
gowns were well worth the showing and
a glimpse of the ensembls of feminine
beauty and the "creations" the Udies so
gracefully wore waa well wurth going miles
to see.
What shall be said cT the beauty of the
animals that upeared on the tanbark
arena? Well might tho automobile hide Its
face In shame end the bicycle wonder why
It was ever invented. Well might man
stop and wonder at the limitations of his
brain, which lias attained a triumph when
it builds an automobile and wonder ut the
power whic h creates a horse.
All Krs on the Hones.
The beaut if ul. graceful, spirited and yet
tradable animals nioved around the arena,
their sleek coats and the elion harness and
bright metal trimmings seeming to vie oiui
with the other to see which could glisten
and shine most brightly In the bright light.
Blood told us the handsome limbs moved
In admirable rhythm, whether In the short
high step or In the long stride that makes
for speed, as muscles played and ryes
flashed and nostrils dilated. And there was
the glistening of the varnished sides and
wheels of tine rigs with the drivers per
fectly dresM-d and grooms and lackeys per
fectly liveried. -There was the champing
of bits end the gentle tinkling of the har
ness trappings. And the steps of the beau
t if ul animals In the arena were, noiseless.
They seemed to know they were on dress
parade, and to be trying to look their best.
The center of the sawdust arena, where
the Judges' box stood, gay in red and while
draplngs, flags and flowers and bordered
by palms and ferns, was aa stremel
busy place.