Nebraska Newspapers

    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