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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 27, 1907)
The Omaha Daily . Bee VOL. XXXVII NO. IGo. OMAHA, RIDAY MORNIKO, DECEMBER 27, 1907. SINGLE COPY TWO CENTS. 1 CCURTSHRESWALSU radge Bern old Overrules Motion to Take Case f r Jury. BANKER SEE VXD fc MASTERS Jonrt Intimate! that Bank fot Private El MEMORANDUMS ARE FK TS .. v v All Notts"1 of Tail Class Comitate False Entries. ROAST FOR THE COMPTROLLER H4 Bank Examiners Due Their Duty Irroernlnr Pruetleee Could Wot Mare Ba Carried aa Fa aa Tier Wfrf. CHICAGO. Dec 26 Judge Anderson in district court today overruled a motion to take the case of John R. Walsh from the Jury. The attorneys, for John R- Walah today made a notion that the pending rase against Walsh In the federal district court be taken from the Jury because of the al leged failure of the government to prove that any financial losses had occurred as a result of transactions of Mr. Walsh as resident of the Chicago National bank an! also because of alleged failure of the government to show that any of the acta had been committed with intent to de fraud. Extended arguments followed. Attorney John B. Miller, acting for Mr. Walsh, asserted that the bank's by-lawa provide that the president should be man ager and controller of all Its affairs. "The evidence so far tends to ohow," in terrupted Judge Anderson, "that the de fendant attempted to serve two maiters and that la always a difficult thing to do." "But not criminal," broke In Miller. "A the by-laws of the bank are criminal that which they provided makes no dlf ferenc concluded the court. Mr. Vila argued that the government had failed to prove that the various mem orandum Jiotes Issued by Walsh were flctlct ous. Am to Mtntrsadiai Ketea. "Of eour&e they -were ficticious." said Judge Anderson. "They were clearly de ceptive, and' every time one of thera was entered upon the books of the bankjt was a false entry.? Mr. Miller contended that the practice of using memorandum notes had the sanction of the bank examiners. "I don't rare about that." said Judge Anderson. "Any .comptroller or bank ex aminer who does that connives against the law and neglects bis duty. Had the comp troller and bank examiner done their .duty, the condition the evidence tends to show would not have gone as far as It did and the bank would have been closed up long before it was." Regarding the Investments of the various . Walah mlerrrUM, Mr. Miller argued that the defendant""- actmg for the benefit of the bank. . "If all this waa done for the benefit of te bank and not for himself." said Judge Anderson, "how did It come that tne om , cer a-ot Jl.tflO.OOO of the stock, while the bank got the bonds? For the purpose of Illustration only, I say this: If I sent a " man out for ma to obtain securities and for the purpose of protecting some debt that was owing to me, and I got nothing but the bonds, While he got the $1,400,000 of the stock, he and I would have It out right there right away." Mr. Miller wa Interrupted during his argument by Judge Anderson, who said It was unnecessary for the attorney to talk longer, From tht evidence presented it doea not rrear wise for nie to decide this case mvsclf." said Judge Anderson. "ft is useless for you to talk further. The more you discuss this thing the worse It looks to me. The motion Is overruled. SPECIALIST JHAS LOCKJAW lr. Joseph Peaadea SaSerlysj Intense Acouy, with Disease In Chi rac Hospital. CHICAGO, Dec 2.-Dr. Joseph Peasden, a scientist occupying one of the foremost positions with a large packing firm, last night Indicated by slgna to physicians at his side in the Chicago Baptist hospital that he resitted the attack of lockjaw from which he Is suffering would prove ratal and begged them to end his life with I drug. When he found that the law. written and unwritten, would not permit his fellows to end his sufferings. Dr. Peasden resigned himself to the care of the nurses. He heard his physicians say that if he lived another day there was hope for him. He shook his head. They pretended not to notice and left him In the charge of a narse, with soothing lotions to quiet his pain. Today will prove whether the dying ex pert correctly diagnosed his own death. If Dr. Peasden lives he will no longer be regarded as infallible in the one disease of which he has made a special study and won his reputation. On Christmas eve, while arranging a Christmas tree for hla children In his home, Dr. Peasden was suddenly stricken with acute lockjaw. The Injury which brought on tetanus was a compound frao turs of the nose,- sustained a week ago. RCOSEVELTS GO TO PINE KNOT Preside, t anal Family Pay Visit to the tlralala Heme of Mr. Hooorvelt. WASHINGTON. Dec. 24. President r.ooaevelt and his family left Washington ut 11 o'clock this morning for Pine Knot. Vic. the rountry home of Mrs. Roosevelt, where they will remain until next Monday nftfrniKut. The trip was In the special car Twilight, attached to the irg-utar train on the Southern railway. The nearest station to Piiw Knot is North Gardnen. a few i.nles b.lvw Charlottesville, mhlcji wiil be reached about !:S0 this '-afternoon. . The drivo of ten miea will then be taken to Pine Knot. Mrs. Carew, a suiter of Mrs. Roosevelt, accompanied the party. The party includes Mrs. Roosevelt, Miss E:l:l. Archie and Quentin and Miss Carew. Cross couutry riding and wild turkey shouting are the president favorite pas time at Pine Knot. ' CHARLOTTESVILLE. Ta.. Dec. 26.- Pvesidert Roosevelt and party reached lere at I II p. bb. Thtr was a rcowd at t) station and the president shook hands rih a hundrd or hsare. NORTH GARDEN, Va.. Dec. 2-Frei. 4ent Roosevelt and party arrived hare at Z:H tuid at eoce left (or Ploe Knot. SUMMARY OF TOE BEE Friday, nirrmhrr 2T, 1TT. 1907 DECEMBER 1907 turn mom Tl wt T I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 T , ' TXS WEATKEK. FOR OMAHA. CdfNCIl, BUTF8 AND Vlt"INITY Fair and colder Friday. tXHH NEBRASKA AND IOWA-l'artiy cloudy and colder Friday. Temperature at Omaha yesterday: Peg. Hour. 6 a. m... 5 a. m... 7 a. m... ft a. m... ft a. m... 1 a. m... 11 a. m... 12 m 1 p. m... 2 p. m... 3 p. m . . . 4 p. m... 6 p. m... 6 p. m... 7 p. m... ft p. m... 9 p. m... 33 ... 3 ... 41 ... 4a ... 45 ... 45 ... 45 ... 44 ... 43 ...42 ... 41 ... 40 DOMTSTTC. Strife now divides the navy over the question of commanding medical vessels. Page 1 Judge Anderson makes caustic remarks about John R. Walsh at Chicago trial. Fage 1 Captain Johnson of the army In Wash ington conferring with Indian bureau on the Vie problem, Indians said to be will ing to return to Utah. Page 1 Sick woman in Chicago Is moved by police by force. PMT Art forgeries are numerous in this country. Methodist minister is on trial In Phil adelphia. Pff Prominent New Yorker throws himself before subway train. Page 1 Chicago's fire chief pays tribute to his men for work of the last year. Page 1 Reports of New York state banks and trust companies In city of New York show that these institutions have prac tically recovered from effects of recent flurry. Tmf 1 poKsiair. Anarchy exists around Urimlah. Page 1 Chinese government Is planning to stop the resistance of rebels against policy. Page 1 Sultan's troops are victorious over tribesmen. Pajre 1 KIBiSTi. Candidates for state superintendent In evidence at State Teachers' association. Chancellor Andrews of state university named by nominating committee for presi dent. Pags a York applies for transfer track be tween two lines of road in town. Page II The marshal of Uehllng is shot by Al bert Feltwell during controversy. Page 8 Z.OOAX. Judge Troup, after hearing arguments in the cases brought to test the validity of the Sunday closing laws, announces that he will render, a. decision, ijext Mon day. ' Pge 1 City mission children enjoy Christmas tree In the Auditorium, where Santa Claus visits them and distributes many presents and candy and oranges. Page S Northwestern railroad restores elevation allowance of 4 cents a bushels on grain shipped to St. Paul, Minneapolis and Duluth, beginning January 14. Allowance will be restored after January 13 on grain shirped to eastern points which is to be milled In transit at Minneapolis. Page 8 Dr. A. S. von Mansfelde of Ashland denies report that he has discovered Fenugreek seeds to be a cure for con sumption. Page 8 Congressional bees are already bussing in the bonnets of local statesmen and some have begun their campaigns for the nomination. Page a COlOaXBCIAX AJTD IVDITSTKUX. Live stock markets. , Page 7 Grain markets. Pag-e 7 Storks and bonds. Fags'? VOTXafXaTTS OP OCXAH STEAMSHIPS. Port. Arrived. tailed. NEW YORK ....Vnttrd States ..Poudam PHILADELPHIA. NordlMd BOSTON Winifred Ian BY WIRELESS, CAPE RACK. N. V. Adriatic, SS0 miles east of Sandy Hook at it 15 p. m., -4th, probably dock 10 a. m.. Friday. LIZARD Graf Waldersee, 13 mllea west at 11:5 a. m. Will probably reach Ham burg about 10:30 a. m. Friday. ADMIRALS DRINK TO DEWEY Ills Health Drank In Wis from De ranter Formerly Property of Washington. WASHINGTON, Dec. 2i. Admiral George E. Dewey is 70 years old today. He is In plenUid health and robust in physique. Among his callers were a number of those who attended the admiral's birthday dinner last week, which was advanced In date becautie President Roosevelt expected to be In Pine Knot, Va,, tonight. The callers recalled a happy toast which he proposed when they drank to the health of the ad miral. It was as follows: "To the man who has done more for and reflected greater glory on America than any other man now living." The toast met with hearty response from those surrounding the admiral's table. At the meeting of the Naval Relief as sociation the admiral was presented with two silver Ink wells. The health of the admiral was dtunk from a decanter con taining Madeira wme of the vintage of 1M7. The il anter was formerly the prop erty of George Washington and Surgeon General vn Relpen, who made the pre sentation, said It was eminently fitting that the health of "the other George nnom we all love" should be drunk from the same decanter. HOLDUP IN CHICAGO STATION Five Men Hob Two In l-aaalle Street M alias Hoom Three A r rested. CHICAGO. Dec. ISi-Vive men. one of whom carried a revolver, today robbed two other men In the waiting room of the IjiPallo railway sUlion. Two of the rob bers were arrested within a few minutes and a third two hours later. The others escaped. Joseph BcHmidt of Crete, 111., and another man were alone In the main waiting room of the big terminal station when two men sat down besldu them and a third stood before them, threatening with a revolver, while the roblery was In progress. The thieves obtatmd, only 1:3. . Constant lllea of Monnd. MINNEAPOLIS. Minn.. Dec. X. Connta bla iHjimld H. Mi-Call died luduy from a ound r-rived hiU trying to mi real Thomas Lr at Prior Lake on a warrant cUartr'.tig burglary. The urheer met by a tv-.l ia (ruiu LVs revolver. Lee was awrcj;t-?. is STATE BANKS IN GOOD SHAPE Institutions in Greater New York Show Small Loss in Deposits. TRUST COMPANIES CLEAN HOUSE Shrinkage In Deposits Accompanied by Tallin of Loans All (stand Severe Test Welt. NEW YORK. Dec. 26,-Cnder call of the State Banking department for reports of condition on- December 19, twenty-one trust companies and twenty-nine state banks of Greater New York have filed their formal statements. While the effects of the re cent storm are plainly evident, especially in regard to those few Institutions against which the attack seemed most direct, the statements as a whole bear testimony of the quirk recovery generally made and the unwavering confidence of the great body of depositors. The reports also show that certain of the state, banks of New York City did their share towards relieving the financial situation In other cities. They ac complished this by accepting from the local national banks a large quantity of clear ing house certificates, leaving the national banks In position to employ their cash In relief of customers and correspondents of the Interior. Small Loss In Deposits. The twenty-nine state banks of New York, Brooklyn and the other boroughs of Greater New Tork, which have so far re ported s show aggregate deposits of $225, Ono.OOO. Of this enormous sum the net loss In withdrawals since August 22 lsst amounted to only $3,068,117. The losses were distributed among eighteen of the banks with total withdrawals of $13,025,761, while eleven banks showeTj an aggregate gain of $IO.69,S44. Allowing for all withdrawals and the pur chase of clearing house certificates, which are now held as collateral, the state hanks Indicated their prosperous condition by maintaining cash reserves, in some in stances far In excess of the 19 per cent re quired by state laws. One of the largest holders of the certificates shows a reserve of 24 per cent. Only one state bank took advantage of Its membership In the Clearing House asso ciation to Issue certificates, which are now outstanding as a liability . item of $52,000. Nine of the state banks hold clearing house certificates to the extent of $7,100,000, Loans and discounts show a decrease In the statements of nineteen of the banks, while the values of stocks, bonds, mort gages, etc., as an Item of resource also show a general shrinkage. A majority of the banks show an Increase of cash on hand. ( Trust Companies Clenn Hosir. The official statements of the trust com panies of Greater New York are perhaps fraught with the greatest Interest. The in stitutions were forced to bear the brunt of the financial storm, whlcli broke with the suspension of the Knickerbocker Trust company. The twenty-one companies which have thua far reported show a falling off of deposits from $278,066,300 on Algust 2J iastU. JlSOJBavSOO on- December IS. Tlae lose of deposits waa accompanied by the calling in of loans, the reduction In the latter in stance amounting to $78,000,000. The market values of stocks, etc.. show a decline of about $20,000,000. In specie the twenty-one trust companies show a loss of less than $2,000,000, while In legal tenders and bank notes, held as reserve, they show an In crease of nearly $1,000,000. The trust com panies all were put to a severe test, but their business affairs, according to the re ports now submitted, have been so ad Justed that many of the officers claim they are In a better position today than ever before. Thirteen trust companies contributed to the "Associated Trust company fund," which waa raised for aiding weak com panies during the financial flurry. The largest contributors were the United States Trust, the Central Trust, the Manhattan Trust, the New York Trust and the Equit able. The fund amounted to $7,619,700. BUILDING STRIKE IMPENDING Derision In Carpenters' Case la York Awaited by Men In Other Trades. - New NEW YORK. Dec. 24 There is a possi bility that New York may within a short time experience a wide-spread building strike. Recently the Master Carpenters' association announced that wages of car penters would be reduced from $5 to M 60 a day. The carpenters' union has refused to accept this cut in wages and committees from both organisations are now trying to reach a compromise.- In case the master carpentera Insist on the reduction It Is likely that the 19.0CO members of the union will strike. Other building trades are waiting the outcome of the conferences be tween the carpenters and employers. In case the carpenters' strike comes. It Is said to be more than likely that similar strikes will follow In practically all other building trades. ART FORGERIES ARE NUMEROUS Straggling; Yonnsr Men Have Come to Vae Well Known Names on Pletnrcs. NEW YORK. Dec. 26.-That America Is a good field for the art forger as Is any country of Europe Is the statement made by Charles E. Cookman, who advocates the passage of a law by congress making the forging of an artist's name after his death a crime. Art forgers, Mr. Cookman says, are carrying on an extensive business in New York, Chicago and St, Louis, where thousands of forgeries are turned out that find a ready market among buyers In America who are not well enough versed in art to detect the forgeries. Many young and struggling- artists, Mr. Cookman says, are induced, sometimes by actual want, to do this sort of work and dealers reap the benefit from the deception. METHODIST MINISTER'S TRIAL I ronaluent Philadelphia Dlslne Ac raised of robccomlnar Conduct Before Court. PHILADELPHIA. Dec. 3ti The Rev. W. H. Shaffer, presiding elder of the West district In the Philadelphia conference of the Methodist Episcopal church, was placed on trial before an ecclesiastical court of nine ministers today on the charge of con duel unbecoming a minister. An anony mous letter, which the former landlady of Dr. Khaffer declares she found In the waste paper basket In hla room, figures prominently In the case. It U charged that (he letter waa sent Dr. Shaffer by Mrs. Martha J. Deicl.Iey, a widow, and post master of Morgantown, Pa. The defense claims the lelUr U a forgery. Its contents bave not beea made public ACTION OF CHINESE THRONE testa W ill Be Taken to ' ee Pro vincial Henri Who Oppose British. PEKING, Dec. M.-Judglng from the Indi cations, the government is on the point of deciding as to Its policy In the mstter of the local agitation arising from the con flict of British and Chinese Interests, es pecially regarding the proposed loan In Che Kiang and Klang Su provinces. Yes terday the throne Issued its third edict aimed at the agitators. It sets forth that students In the provinces Ignore their local officials and telegraph direct to the min isters here: they even threaten the min isters In daring language, and their course Is encouraging the lower classes to clamor ous artlvity. In conclusion It orders the appointment of school inspectors qualified to expel such students and the directors and Instructors responsible for their agi tation. The foreign board . Which Is causing to be published In the native press an account of the Che Klang loan trouble for the purpose of enlightening the agitators has begun the examination of the officials who are Implicated In thtr Illegal annulling- of the British loan concession and the re granting thereof to Chinese. The results of these examination! are expected to de termine the future r tsltion of Yuan She Kal In the central gr i-ernment and to put an end to the prese it deadlock.. DEFENSE OF PUMA MEMBERS Proceedlnas Aaalatst Russians Marked by Open Statements that Doty Wna Done. ST. PETERSBCRCH Dec. 3S. The pro ceeding today against the members of the first Russian Duma, 'who. after the dis solution of that body. Issued to the people of Finland the Vlborg manifesto, were marked by several reminders of the days of the first parltameat. The defense acknowledged having abetted the circulation of the manifesto. Ivan Petrupkevltch, deputy from Tver, declared that the Zemstvo oongress of 1904 had proposed measures far more revolutionary than the Viborg manifesto, yet those who took part In this congress were not per secuted. ( "Our motive was hoi the instigation of anarchy" the speaker continued, "we were trying to defend the rights of popular rep resentation. After the dissolution of the first Duma the Russian armed uprising commanders counselled peace, such as the financial boycott and the refusal to serve In the army. These means are employed In western Europe as a defense of con stitutional rights. If you open the gates of the prison we will enter Joyfully, fully conscious of having, done our duty." ANARCHY AROUND URIMIAH Persian Trrrttorji Greatly Dlatnrbed by Presenrfr of Knrdlsh '. Bnhdlts. BT. PETERSBURG. Dec. 26.-A dispatch from Crimlah, in Persian Armenia, which was brought out by a detachment, of Rus sian troops, states that for the last eight days that town bas been entirely sur- rourrded and Isolated try bunds of Kurdish raidtrra who- have XW.-ked- .oarsvaoe'; and driven hundreds of loaded camels to tho mountains. A caravan escorted by the guards of the Russian consulate at Uru mlah, which was the first to get through, was attacked by fifty bandits. The robbers were repulsed, many of them being killed or wounded. Complete anarchy prevails at Vrlmiah. Russia is planning to strengthen the con sulate guard there, but It is declared in St. Petersburg that the time for actual Inter ventlon has not yet come. SULTAN'S TROOPS VICTORIOUS Twice Attacked by Tribesmen nnd Re pulse Knemy Each Time with Loss. MOROCCO CITY, Dec. 28-Recent fight ing In this vicinity, has resulted In two victories for partisans of Abd-el-Ar.il. the feultan. The Rthamanus, followers of Mulal Hafld, the "southern raltan," at tacked the Shragna tribesmen, partisans of Abd-el-Azix, but were repulsed with a loss of 200 men. After receiving SCO rein forcements from Mulai Ha lid, the Reham nas attacked a second time, but again suf fered defeat. NITRATE STRJKE IS" BROKEN Spanish Anarrhlats Were Leaders and They Have Deserted Men nt Ianlqne. VALPARAISO. Dec. 26. According to an official statement, the recent en'coun ter at lqulque between nitrate strlkera and the police resulted In the killing of tlO men and the wounding of about fifty. During one of the engagements the troops fired particularly at the leaders of the strikers, but their aim was poor and the men were not hurt The president and vice president of the strike organ ization, who are Spanish anarchists, have disappeared. Telephone Buoys to Bo t'sed. PARIS. Dec. 36. Following elaborate ex periments to prevent the recurrence of ac cidents 'to submarine vessels, the minister of the navy has issued orders that all sub marines be fitted out with detachable tele phone buoy a, which, in the case of accident, will permit of communication with the sur face. AMESBURY SHOOTS HIS WIFE Muiarhaarltl Man Kills Her When she Refuses to Live with Hint. DEDHAM. Mass.. Dec. X "Not guilty" was the plea entered by Dr. Walter Raleigh Amesbury of Hyde Park today, when for mally charged In court with the murder of his wife, Anne Rees Amesbury, a teacher of music at Roanoke college, Salem. Va., at Hyde 1'ark yesterday. The hearing was continued a week. Dr. Amesbury, who has been en ranged from his aife, called upon her yesterday and begged her to live with him again. I'pon her rerusal he shot her. The two grown sons grappled with the father, bound him and held him for the jolice. SEVENTEEN HURT IN CRASH Trolley tarn at Denver Collide, hut Kone of Paaseaaiera Herl ously Ininrod. DENVER, Colo.. Dec. 36. Seventeen per sona were injured, Jione of them fatally In a collision betwecf two trolley cars on the Denver company's line about midnight laat night at the corner of West Twenty ninth avenue and Decatur street. One of the car should hava taken a aiding, but failed to do so and the two cars crashed tugelher be don. VALIDITY OF "BLUE LAWS" Judge Troop Will Oire Decision on Sunday Closing Next Monday. TEST CASES ARGUED YESTERDAY Definition of "Common Labor" Vital Point Presented to the t'onrt by the Attorneys for the Defendants. Judge Troup will decide the validity of the Sunday ckrlnK law and Its scope next Monday at :30 o'clock. He mnde this an nouncement Thursday afternoon after lis tening to arguments of the attorneys. In doing so he said he might have to work a little himself Sunday compiling his de cision. The decision will result from the habeas corpus case broupht as A test by Jacob C. Caldwell, a barber In the Psxton hotel, who wss fined $1 and costs by Judge Craw ford Thursday morning. Two points were raised by Attorneys Jefferis and Howell, who rcpresnted Caldwell. The first one consists of an attack on the validity of that section of the law which prohibits "common labor" on Sunday. Mr. Howell In his argument contended that the phrase "common labor"- applied J to labor done by unskilled workmen. To prohibit them from earning wages on Sun- ' day whllo permitting other classes of la borers, not unskilled, to do so ho declared to be special or class legislation, which is prohibited by the constitution. "Is common labor," he asked, "such a menace to society that it is made the sub ject of special prohibitive legislation when other forms of labor are excepted?" E. W. Simcral appeared for the druggists and made a short statement to the court In which he attacked the motives of those behind the prosecution of the cases. "This Is not a wave of reform," he said. "This movement was not begun In good faith, but In order to make the Slocumb law odious." Mr. Howell in his address also attacked the good faith of C. II Fields. "Let my friend Fields understand." he said, "that no better course could be de vised than this to make men prohibition ists. If I were a prohibitionist and did not care what methods were used to accom plish the passage of a prohibition law I wonld say God bless Fields." A. W. Jefferis opened the argument to the court for Caldwell. He discussed at .considerable length the meaning of com mon labor as used In the law and contended It did not apply to any vocation In which skill Is an element. "Common labor." he declared, "Is labor performed by persons who have no special skill. It Is labor performed by the use of muscle only, which does not require any apprenticeship or training. The law In a number of places recognlxes the differ ence between a common laborer and a me chanic, the latter requiring some special skill In the performance of his labor. It requires no skill to wield a pick or a shovel on the street, while It does demand skill and responsibility to run a train." Mr. Jefferis contended that shaving an otber ls A. farm- nt ..labor ; that .requires skill and training and cannot come under -the designation "common labor. CONFERENCE OVER THE UTES Captain Johnson of the Army Calls . on Commissioner Lenpp. (From a Staff Correspondent.) WASHINGTON. Dec. 26. (Special Tele gram. W-Captaln Carter Page Johnson, United States army, who was In charge of the expedition which started to round up the White River Vtes. who left their reser vation about a year ag;o and wandered Into Wyoming and South Dakota, is in v asn- ington. Captain Johnson had a conference today with the commissioner of Indian af- fairs regarding the situation. Next week a general conference between Secretary Gar- field. Commissioner Leupp and Captain Johnson win oe neia to aecine wnat is dcsi to be done to relieve the condition of the Utes. As the matter now stands seventy able bodied Indians are employed In rail road construction near Rapid City, S. D. They are housed upon the Indian school grounds two miles from Rapid City and each day are taken to their work on a train provided by tho railroad company. They have had a taste of the white man's burden hard work and don't like it very much. They have now calmed down and desire to return to their reservation In peace and rest, living upon their annuities as formerly. ' F.1 N. Clarke of Omaha has been ap pointed a machinist In the treasury depart ment at $1,100. Eleanor M. Read of Omaha has been ap pointed a clerk In the forest service. CASE WILL GO TO THE JURY Judge Wood Denies Motlon of Petti hone, Though Criticising Case of Btute. BOISE. Ida.. Dec. 26 Judge Wood this morning denied the motion filed by the defense in tho Pettlbone trial that a ver dict of acquittal be advised by the court. In considering the motion to advise ac quittal for want of sufficient corrobo rative evidence. Judge ' Wood reviewed the Independent testimony on each of the crimes confessed by Orchard and stated that In his opinion there were sufficient corroboration of each of them to require the suttmlsslon thereof to the Jury. Con cluding, Judge Wood said: "I think the facts already In evidence tend to show a conspiracy as contended for by the prosecution, and I think that the Independent testimony sufficiently tends to connect the defendant Pettibone therewith to require the submission there of to the Jury." Judge Wood stated that there was no independent testimony connecting Pt-4ti-bone with the killing of Steunenberg ex cept that which tended to show his con nection with the conspiracy, but this he considered was sufficient to submit the case to the Jury. WESTERN MATTERS AT CAPITAL Itural Routra Established and Car riers turned for AebrasLn nnd town. (From a Staff Correspondent.) WASHINGTON. Iec. .(Special Tele gramsRural routes ordered established March 2: Nebraska. Scott's Bluff. Bcott's Bluff county, route 1, population, 400; fami lies, 106. South Dakota, Sisseton, Huberts county, route 4. population, 4U0; families, 101. Rural carriers appointed for Iowa: Alli son, route S, George H. Draper, carrier; Ed Tragar, substitute; Manchester, route 2. Clarence J. Boadway, carrier; Harry F. Gray, substitute. MANY MOURN JJF. CARPENTER l.nrae and Representative Body of People at t'horrh and the (rata, Tho funeral services of J. Frank Car penter were held Thursday at 2 p. m. at Calvary Baptist church. Twenty-fifth and j Hamilton streets, in the presence ff a latge aMcmlh)ge of friends and business associates. They were conducted by Rev. E. R. Curry of Calvary, assisted by Hrv. J. W. Conhy of the First church. Rev. B. If. McDonald of Emanuel and Rev. B. F. Fcllman of Grace church. The services were devply Impressive. The music was furnished by the Calvary Baptist choir, which sang "l'ad Kindly Light" and "Ono Solemn Thought," under the direction of Mrs. G. W. Noble, fol lowed with the selection "Abide With Me" by the Elks quartet. Messrs. J. R. Gerke, W. S. Rigdon, Claude IjcwIs and C. S. 1 laverstock. The casket was surrounded with beautiful floral tributes from business associates, tho Commercial club. Grain exchange. Young Men's Christian association, tho several church societies and from personal frit nds both In Omaha and adjacent cities. The members of the Commercial club, of which Mr. Carpenter was an cx-rresldent and active member, as well as a member of the present board of directors, met at the rooms at 1 p. in. and proceeded to the church In a body. Representatives also were present from tho Omaha Grain ex change. Young Men's Christian associa tion. Associated Charities and pastors of nearly nil the Protestant churches of Omaha, also members of the Omaha. Doug las County, and Nebraska Sunday 6chool associations. The church was crowded to Its utmost capacity, a great host of people being un able to get In remaining outside during the solemn services. The pallbearers were: Active W. 8. Wright, J. H. Dumont, B. G. Burbank, William Stull, A. T. Klopp, David Cole, G. W. Noble and A. C. Busk. Honorary C. H. Pickens. William H. McCord, C. C. Belden, J. H. Millard. Frank B. Johnson, J. A. Sunderland. Samuel Rees, Ward Bur gess, Warren Swltsler, John C. Wharton, J. R.. Webster, C. S. Hay ward, G. W. Cla baugh, Rome Miller, William E. Rhoadcs and H. O. Strelght. O. Shane had charge of the ushers at the church. The funeral procession was unusually long, attesting the esteem with which Mr. Carpenter was held In the com munity. Interment was In Forest Lawn cemetery. HISTORIANS AND PIONEERS State Orsmnlnatlona Will Meet In Lin coln January 1.1 nnd 14 Eminent Speakers. The dates for the annual meeting of the Nebraska State Historical society, to be held In the new Temple building in Lincoln, have been definitely fixed for January 13 and 14. 190S. The meeting of the Nebraska Territorial Pioneers' asso ciation, which is an affiliated organiza tion of the Historical society, will be held on the afternoon of January 14. This Is according to the plan as announced by C. S. Paine, secretary of both organizations.- Preparations for the meetings this year have been more elaborate than ever before and a treat Is promised those who attend. The program Is not ready for distribution yet, but will be mailed to members within a few days. Following are some of tho speakers who will appear during the ses sions: Dr. George L. Miller of Omaha, Judge H. E. Deemer of the Iowa su preme court, State Superintendent of Pub lic Instruction J. L. McBrlen of Lincoln, R. L. Metcalf of Lincoln. R. B. Wind ham of Plattsmouth and W. Z. Taylor of Culbertson. MYSTERY IN WOMAN'S DEATH t .w Jersey Poller Are Seeking Clue o Identity of Body Found tn Pd. " " ir. w akk., J.. iec. -o.-inc roti -e are trying to find out how a woman, whose nude body was found today in n pond in Harrison, met her death. Dep uty County Physician Aleeis believes she was murdered less than twelve hours he fore tho body was found. Arthur Thomp son of Elizabeth, who has been living aboard his yacht. Idle Hour, which was moored where the hotly was found, has been detained. The police believe the woman was strangled. They say that to ward the yacht were marks on the ground such as might have been made by drag ging a body along. There are abrasions on the dead woman's limbs, body and threat. Near the pond were found a woman's coat, slit up the back, a muff and a collarette to match. TRIBUTE TO FIRE FIGHTERS ( hlraaco Chief Cxteada Compliment to Hla Men for Work Done Durlns Year. CHICAGO, Dec. 2S. Not a single business hobse fire In Chicago In 1M07 has extended beyond tho walla of the structure In which It started. Tills tribute to the promptness and efficiency of the department of which he is the head was made yesterday by Fire Chief Hnran. In the frame districts on two or three occasions the spread of fire had been greater, but where the great busi ness buildings are wall to wall the flre flghtlng men of the city have successfully kept each blaze within the twenty-five or fifty-foot front limit. CHILD KILLED FOR BURGLAR Father Mistakes Five-Year-Old Boy for Robber and (shoots Him. SAN JOSE, Cal Deo. K.-Bertram Somers early thla morning shot and Instantly killed his 5-year-old boy, having mistaken him for a burglar. The child. It Is believed, was walking In his Bleep. The parents were awakened by a noise In the room and see- Ing the outline of a figure near the window they concluded that it was that of a burg- lar. Mr. Somers reached for his pistol and fired, killing the child Instantly. Mr. Somers is the son of Robert Somers a prominent tempi ranee leader In this city. SLCW WORK AT JACOBS CREEK Ineiplorrd Kntrr- Kald to Contain Hundred Bodies of Explosion Victims. JACOBS CREEK. Pa.. Dec. ;.;.-The work of removing the bodies from the Darr mine waa resumed today. Today two bodies were recovered, making the total brought up ISO. In entry No. 'J8 where the explo sion apparently took place, numerous bodies were found. The pit cars were blown to pieces. It Is said fully lttO bodies will be recorded from entry No. 27, aa yet unexplored. STRIFE IN THE NAVY Officers of Line and Staff at Outs Ovei Executive Order. QUESTION OF AUTHORITY ISSUE Right of Medical Officer to Command Hospital Ship Bailed. LAW Ut THE CASE QUOTED It is Open, to Two Interpretation, Hence Quarrel. CONGRESS TO GET WHOLE MATTER Division at Thla Time likely ta Jeopardise Appropriations for the Knlararrment of the Fleets. WASHINGTON, Dec. ifi.-Not since the day preceding the passage of the personnel law ten years apo has the feeling between line and Flaff of the navy been so acuta as it Is tod:ty as a result of the refusal of Admiral Brnwnson to transmit orders from his superior officer, the presld"nt ot the I'nited States, assigning a naval sur geon to command vessels In the navy.. In the case of the personnel act. It was Mr. Roosevelt, then assistant secretary of the navy, who acted the part of pacificator and succeeded In bringing the two warring fac tlons together in support of the legislation which for a decade past through a make shift, has served to maintain- peace be tween the two factions In the navy. In the present instance, however, the efforts of the president to reconcile the surgeons antl the line officer has failed, and It Is probable that the whole con troversy will be threshed out on Its merits In congress. This Is much deprecated by conrervatlve officers In both line and staff, as likely to prove prejudicial to the navy's Interest as a whole, for they believe that In order to succeed In securing the four great battleships, the cruisers, scouts and submarines, which form a part of the year's naval estimates. In addition to secur ing legislation that will better tho lot of naval officers personally, the navy must present a united front, which cannot be done If just at the beginning of a session line and staff are to engage In a flercu strife. . Brovrnaon'a Lips Are Sealed. Through the published statement of Sur geon General Rlxey, the merits of the doc tors' side of the case In this Instance have been clearly set forth. Line officers be lieve that In common fairness they should also have a hearing. But they are In an embarrassed position In that respect. Ad miral Brownson preceded Ills resignation by a cold, clear, logical presentation of his reasons why he objected to the assign ment of a physician to command a naval ship, even though that vessel were ex clusively devoted to horpltal use. Tba statement waa submitted to ti e president and, notwithstanding the staff lias bad It say In print, applications at the White House for this letter arc met with refusal. Now It Is clearly Impossible for Admiral Brownson or any of his line officer to make public a copy of the letter without Incurlng the risk of a court-martial on charges of disrespect toward their superior officer, the president of the I'nited States. So they can only look for a change In the executive mind, or congressional Investiga tion, which will develop all the facts. It may be stated In the absence of the text of Admiral Brownsnn's letter that hla objections to the execution of the presi dent's order to put a surgeon In command of tho hospital relief ship was two fold. In the first place, like every line officer, he believed that the subordination of any line officer, no mstter how low In grade to a staff ofllcer on shipboard, waa bud policy and subversive of naval disci pline. But a stronger objection In his mind was that the proposed action was clearly Illegal. Inasmuch as It Is fmhltlden by law or naval regulation to assign a staff officer to command ahlps. It Is only fair to staff side to state that thin is debatable ground and that it would not be difficult to con strue the naval laws and regulations In either wuy. So It is ttot to lie doubted that when the subject comes before congress for consideration the lawyers In that body will find material to support either con tention. Law In the Case, Now that the legality of the president' proposed action In the matter of assign ing a staff officer In the person of Sur geon Stokes to command the hospital ship Relief has been called In question, it to proper to state that the reliance of the line ofllcc-rs is upun a provision iu sec tion 7 of the naval personnel act of March 3, 1&99. That section, among other things, was designed to clear up doubt that existed as to the right of a staff officer to assume the title of a line offi cer of a corresponding grade in the mat ter of pay and emoluments and leugth of service. Cp to that date staff offlcera had enjoyed what waa called "relative rank," with which they were not Satisfied, no In section 7 the word "relative" was struck out. so that all sections of the revised statutes which. In defining the rank of officers or position In the navy, contained the words "relative lank" were amended so an to read "the rank ut." To this provision the following important quantitation was attached: "But officers whotie rank Is so defined t-hall not be entitled, In virtue of their rank, to commune! In the line or In other staff corps." Line officers understand this to mean that no sti!i on or engineer (if there ahall tvt r Ulilan commissioned engineers or paymaster or constructor' shall be placed n a jtosltion on hoard ship whera. he may command the movements and actions of I ttny p.-j-son not of his own staff corps, Tlu, g,kR. f., r, for tlrlr r,art nold that i tlia ai.t dit(.t ,,ul t any Btri,t, abrldgo any I pm-u, ge ir rank formerly enjoyed by staff ofilct-r and a careful perusal of the act appears to Justify tne statement that this provision is o;m n to controversy and that there Is a reasonable (round for a tli (Terence of opinion aa lo the meaning of the law. There were no developments to dey in the contioverey owing to the ab sence from Washington of the president. I. os Anaeles Prisoners Strike. 1-OS ANGELES. Dec. it. About a hun dred prisoners in the city chain gang went on a strike today und refused to pick up their sLddes and shovels when taken out to the grading work where they were em ployed. Tin of them were locked lip la dark cells, each with a ball and chain, and put on a diet of bread and water. The remainder went to work. The prisoners complained of the treatment they bad been receiving from the police
