Omaha' . Daily-. B
VOL. XXXVn NO. 1G8.
OMAHA, TUESDAY MORNING, DECEMBER 31, 1907 TEN PAOES:
GINGLE COPY TWO CENTS.
The
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I
i
F
SISTER OF KAISER
dentity of Woman Who Furnishes
Infomntion to Editor Harden.
I ORE ABOUT . TEE CAMARILLA
hince Eiimarck Objected to Influence
of Za Elenberg Over Kaiser.
rESTisioirr or a physician
dan Cls
Iron Chancellor Telli
tinj Story.
1
mAU 70S 'tmALLT BOUND
Mahy lacldeat
Related -tm
MHfl ft DU
oeat's
. saeee
Wll.
t.
rtu
BERLIN, Dec. SO. The name of Princes
7hrlott von Sexe-Memlngen, the eldest j
tlster Of E-mperor .William, waa brought 1
Into tho Hsrden-Von Moltke libel' case !
today a th person who had supplied
Maxlmllllam Harden with tha Information
foncernlng lb Eulenburg "group" near
.(ha person of tha emperor upon which
Harden baaed Ma campaign against the
o-rslled camarilla.
, Harden had two meetings with tha prln
rees, seemingly at her request. Prof.
3hwnlngar, who was preaetit at these In
ky I .ervlew. pave a brier account or mese m
f ' A a deposition.
I V General Count Wilhelm von Hohenhau
wss mentioned at theaa meetings, out no
referenp was mad a to Count Kuno von
Moltke.
Prinvess Cfhsrlolt and tha emperor have
been on cool term, for aeveral year. The
lata Prhca Bernhard. husband of the prin
cess, WJM long opposed to tha Influence of
Frtnc Philip, au Eulenburg at court. It la
apparent that tha prlnceaa did not forget
thla fetid, and that aha haa been Instru
mental In ruining- Za Eulen burg's reputa
tion and his consequent loaa of favor with
the emparor.
Tha evidence of Prof. Schweninger, who
waa physician to tha lata Prince Von DU
marrk, waa read to tha court. Tha profes-
I aor declared that ho had no Ill-feeling
1 agalnat Von Moltka. In eplte of the cool-
neaa existing between tha court and Mrs.
'Schweninger. Harden, tha profeaaor aet
j forth, Had met the hereditary prlnceaa of
Y Saxe-Melnlngen twice In hie presence In
the course of visit of Schweneck. On one
) of theaa occasion tba prlnceaa talked about
General Count Wllbelm ron Hobenau. and
expressed htf Borrow that "such degen
eracy should, occur In high circles."
Prof. Schenlnger depoeed that ha waa
very much aatonlahad when, following the
operant of tha article In Die Zukunft
( the excitement agalnat Harden broke out.
Ha oould not understand tha reason, fea tha
v- artlclea were not Intended to have a per-
aonal. but only a political aignlflcance.
Ceafldaat at Btsaaarek.
Prof, .Schweninger, wtie la bow 7 yeara
eld. waa for- twenty-five yeara a Rotable
figure In Germany beeanse of Jhls tntlmaey
with Prince Von Bletnarck. Thla begin
When Schweninger waa about SO yeara old.
Tha young wan became Bismarck's physi
cian for hla gout, and thla led to confi
dential and personal relations, which made
Schweninger a political personage until
tha old chancellor died. Since thla time
the profeaaor has quietly followed his pro
fessional duties In the University of Ber
lin. Tha reappearance of Schweninger re
tails to th German public the days when
,ha til reputed to be one of Bismarck"
J matt able advisers.
I Continuing, Pref. Schweninger says tie
Voneldered Mrs. Von Elbe, the divorced
wife of Count von Moltke, tp be mentally
Sound and not likely to auffer illusion
lie consequently believed her orlngtnal as
sertion.; She had related many Incidents
of tba oount'i violence In which ha alone
appeared to be blameable. The profeasor
had heard rumora of the perversity of
Prince Philip Zu Eulenburg even during
tha Ufa of Biamarck. but the name of
Von Moltka waa never mentioned In con-
seotloa with these matters.
Loved rrlaee Mare Tha a Wife.
Mr. Von Elbe told him that her former
husband. Vdn Moltke. loved Zu Eulenburg
nor than ha did her.
Continuing, the profeaaor said he had
related to Harden Bismarck's opinion of
Eu Eulenburg. whose tehdenclea. ' the
prince considered, unfitted hlra to act aa
Donfldentlal adviser to tha emperor. He
:ou!d not aay whence Bismarck had ae
(Ulred this knowledge. The chancellor
tvpreaaed the' opinion also that a certain
Imperial adjutant, wboaa name was not
mentioned, bad more Influence upon the
Bev'.slons of tha emperor than had the
chancellor himself. Bismarck; declared in
thla connection, according to Prof.
Schweninger, that If the members of the
Camarilla were so foolish aa to permit
their Influence to be euspected the Cama
rilla would Immediately eeaaa to eilst.
Prof. Schweninger declared that he
would not have Introduced Harden to Mra.
Von Elba had ha considered the latter to
be untrustmorthy. Harden s desire, he
said, was to make tha affair public In the
InUreet of the Fatherland, not as a per
gonal affair.
Tha atate then Introduced wltneeeee
Whoa teetlmony waa Intended to discredit
her testimony.
Tha count suffered greatly from his
wife's disposition, but ha waa patient with
and kind to tha counteaa. bo matter what
U did. Mra. Von Deowlta, a former
friend of Von Elbe, testified, and aald
that Mrs. Von Elba once told her her
laughter waa Ul-advtsed.
Baroneaa. Swaaeen gave testimony to tha
.ffect that Mra. Von Elbe, during ber flrat
'marriage with - Von Kruee, acted disso
lutely; she mentioned various details.
Counteaa Paackelmann swore to clrcum
tttnrea detrimental to Mra. Von Elbe, and
.o Count Von Moltka'a enthusiastic ad
miration of hi fiancee during their en
gagement. Whan he waa first engaged to
be married b wrote of hla "brilliant good
fortune In winning auch a remarkable
woman."
. After a considerable amount of evidence
from servants and other regarding tha
ttysterkal nature of Mra. Von Abba, a
?hyalcuui attached to tha law courta gave
.he expert opinion, gathered daring the
nttre course of the pro needing a. that he
tid But observed tha least foundation for
Uie aocuaatloa of abnormality agalnat
Von MoKke.
Moltke T-ka lusl.
After thia statement Count Kuno Von
Multke tiliuaelf took tha stand. Ha da
tlared that ha bad bardly slept for two
toomha Ha rejected tha statement that
j kabttuaJly used eosmetlca to beautify
SUMMARY OF THE BEE
Tiritir, Dwiakrr XI . lOT.
1007 DECEMBER 1907
sua mom rvt rt ,
12-3 4 5 6 r 7
8 0 10 II 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 9 f$ $ 'C
TWm WZATaTSB.
Forecsst till 7 p. m. Tuesday.
For Omaha. Council Bluffs and Vicinity
Fair and warmer Tuesday.
For Nebraska Fair Tueaday; alowly rla
Ing temperature.
For Iowa Fair Tueaday; wanner In west
portion Tuesday. '
Temperature at Omaha yesterday:
Hour. reg.
( a. m Ji)
C a. m IK
7 a. rn u
I a. m 10
a. m 8
W a. m 10
11 a. m 12
IX m 14
1 p. m 1
t p. m 1
I p. m .22
4 p. in 22"
6 p. m K
p. ra
' P- m s
K n m .......... .4
D. m B
DOStSSTZO.
Bister of the kaiser la brought Into
Harden case a. one who furnished evt
dence to htm for hla artlclea. rag I
Secretary Taft makes an address to
tha membera of the Boston Merchante
association. 1
Rector Jerre Kode Cook of Long Island.
who left New York with Florette Whaley,
waa discovered In San Pranclaco.
2ara 1
New Tork worklngmen do not want
strike, but they refuse to use non-union
material. lag 1
Robbers kill a station agent for the
Baltimore & Ohio road at Clarlngton, O.
I rag X
The woman Whose body waa found In
a pond near ' Harrlaon, N. J., haa been
Identified aa a domestic. rag" 1
Leadlne- men of the country talk of
labor troublea from a scientific stand'
point at Madison. Wis. raga 1
A heavy earthquake recorded at Wash'
lngton on the seismograph. rag 1
Coionel Marshal Murdock. editor of the
Wichita Eagle, la near death. ' rag 1
Judge It. E. Lewie of Denver haa
quashed all Indictments brought for al
leged coal land frauda at Denver.
raga 1
Governor Sparks of Nevada saya he
will call the legislature to dlacusa the
Goldfleld situation. rag
Miner at Ellsworth after being en
tombed three daya waa releaaed by wc
cldent. having become a maniac.
rag 1
romxiov. '
There waa little competition for gold
In London, demand from United States
having Blackened. rags 1
- Seatrte'cepafy af tha Natioaa.1 Gward
to disband becauae state appropriation la
too small. raT I
W. B. Rose, former republican atate
chairman, la out for Taft; republican
committee called to meet January at
Llndell hotel In Lincoln. rag S
LIGHT ON NEWARK TRAGEDY
Wsmss Whose Body Waa Poaad
Post Identiaed aa Mra.
Agraes VoaasT.
la
NEW TORK, Dec. SO. Some light waa
thrown today on the mystery surrounding
the death of the woman whose nude body
waa found last Thursday half hidden In
the muddy oose of a pond near Harrison,
N. J., when Mrs. Frank Hull of thla city
went to the Newark morgue and declared
positively that the dead woman was Mra.
Agnes Young, who formerly . lived with
her and later with a Mra. King, In Brook
lyn. The police believe that Mra. Hull's
Identification Is correct. Mra. Hull said
she went to Jersey City with Mrs. Young
on Christmas day. Following luncheon
ahe parted with her companion, who, ahe
understood waa going on to Newark to
Join a houaeboat party.
When Mra. Hull learned of the murder
through the newspapers and saw that the
description of the dead woman aeemed
to fit her friend, ahe Informed the police
that ahe believed that the murdered
woman waa Mrs. Toung, who had been
employed at one time as a etenographer
and typewriter In a west aide hotel. She
said Mrs. Toung was the wife of an
engineer, but that ahe had not lived with
her huTjand for aeveral years. In com
pany with the detective Mrs. Hull went
to the Newark morgue and after viewing
the body said there was no doubt of Its
identity.
Mrs. Hull saya that when they left
Mra. Klng'a horn on Christmas morning
Mrs. Young had 1300 In her purse and
wore a diamond ling-. On their arrival
at Jersey city they were met by a man,
whom she named, with whom they had
luncheon. When the luncheon party broke
up Mra. Hull returned to thla city.
PRESIDENT IN WASHINGTON
Bzeeatlve aad Family Retara tm the
White Heaae After Oatlag
la Vlrgl a la.
WASHINGTON. Dec SO. -Looking the
picture of health and with every appear
ance of having enjoyed hie outing of five
daya at Pine Knot, Va., where Mr. Roose
velt haa a cottage. President Roosevelt ar
rived here tonight at tM over the South
ern railway. - The party came m a special
train which made the run from North Oar
den, the railway station nearest Pine Knot,
without mishap.
After assisting Mra. Roosevelt to the
platform, the president conversed a few
moments with those who had gathered
around hia car. Theae ware either rail
road officials or the police guard detailed
for the occasion. .
One member of the party laughingly In
quired of the president If he had bagged
any big game. "Oh. I didn't go after
any," waa the quick response. "I jllat
took the children to tha country for an
outing. We aU enjoyed ourselves .im
mensely." Boon afterward be waa being driven to
the White House, where he arrived a few
minute after o'clock. There It waa dated
that no engagements for th evening had
been made.
hee Factories Ueeaaie.
MANCHESTER, N. H . Dec. SflL-The
factories of the F. M. Hoyt company, man
ufacturers of boots and shote. in Ettst
Mancheater, which have been closed down
for aeveral weeks, resumed operationa to
day. Almost "to hands, the (argMt force
uiinurw iq me locionee since they be
giwsr at woik after th shop ase4
I J lf BJ 1 I I J
NEW YORK RECTOR IN WEST
Key. Jere Kode Cook Traced to San
Francisco.
COMMON LABOR NOW HIS LOT
Iaveatia-atlaBS Sfeaw that Ha mm
rioretta Whaler Have Fled
Together Bad Betas Dla
covered.
SAN FRANCISCO. Dec. . The Call to
day publishes an Interview with the Rev.
Jere Kode Cook, formerly pastor of BV
George' church at Hempstead, L. I., who.
It la claimed, left his wife aoroe eight
months ago, eloping with a 17-year-old
heiress named Floretta Whaley. The pair
have been located. It la said. In a flat at U
Green street la this city, while a search had
been going on for them all over the country.
A child haa been bom to them during the
interval, tha rector working as a painter
and decorator, and when not occupied In
that line doing tha hardest kind of manual
labor for the support of himself, his com
panion and the child. He had. It la aald.
lived quietly In Loa Angeles before com
ing here after he left the eaat.
inquiry thia morning at the flat occupied
by J. .Knode Cook and Floretta Whaley
revealed the fact that tha couple had fled
with their child.
Haw Dleewverr Wbb Mad.
The discovery of Cooke and tha girl
whom he had fled with waa made through
Captain Cleary of the Morse Patrol agency.
who met ' the couple when they arrived
her last June from Lo Angeles. When
the girl s picture was published last week
In connection with a dispatch from Louis
ville stating that Cooke had deserted Flo
retta Whaley and "gave her away" to a
family there who waa educating her,
Cleary immediately recognised the picture
aa that of the young woman whom he had
met aa Mrs. Balcom.
Yesterday afternoon a representative
from a local minister called at the home
of the unfrocked minister and his com
panlon. where they had lived quietly under
their assumed name. Cooke, a Talo grad
uate, worked at painting and decorating
and when hard pinched for work did any
manual work that ha could get.
The only notice aver taken of the couple
by neighbors and those who lived In the
same building waa to comment upon the
apparent happinesa and their devotion of
Balcom to the girlish mother and the baby
boy.
When the Interviewer called yeaterday It
waa lightning out of a clear sky. Balcom,
or Cooke, admitted hla identity, but sent
the fragile mother and the baby Into an
other room, asking the reporter to lower
hla tone, that ahe might not learn of the
discovery of their Identity.
MINER INSANE FROM TERROR
IsBBrlsoaed Three Daya at Ellsworth,
Pa.) TJakaawB im OfBclala ,
f Ml e.
PTTTBBCTia, Pa-, Dec. SO. After being
imprisoned three daya In . Ellsworth No
mine at Ellsworth, thirty miles from herei
John P'Mllltan, X years' old, a, Slav miner,
waa released froth hi underground dungeon
a raving maniao today. Ha waa taken to
the county home at Arden.
O'MIUlan went to work last Thursday
In a small room off the main mine. A
charge proved ao atrong aa to open up tha
earth to auch an extent that he was en
tombed. Ha might have been entombed yet,
but for the accidental discovery of his
plight A number of mine officials while
mlnff thrmiffh the dlEerlnas. came to the
point where O'Millian waa entombed They
at once aaw that something waa wrong.
When the debris was cleared the officials
were astonished to .have a maniac daah
among them from the room, knock two of
the rescuers down and put up a vigorous
fight bfore he waa overpowered.
Nothing could be done for the Slav to re
store hla mental balance. He was Insane
from hunger and fear.
PETTIBONE VIOLENTLY ILL
Coadltlea Kztrenaely Critical
Possibility Trial May Net
Be Finished.
aad
BOISE, Idaho, Dec SO. Tha illness of
George A. Pettlbone today caused an ad
journment of hla trial until tomorrow
morning. Last night Pettlbone became
violently III and waa taken to a hospital-.
For a tune hla condition waa esreraely
critical, but today much Improvement is
I reported. Pettlbone has been a alck man
all through the trlai and haa frequently
been taken to tba hospital at night becauae
of hla Buffering, but heretofore has been
able to appear In court each day. It la
thought that hla malady la Incurable and
It la regarded aa a question If the trial
will ever be concluded. Judge O. N. Hi!
ton of Denver waa entered aa an attorney
for the defenae today. He haa been acting
aa attorney for the Western Federation of
Miners In the Goldfleld controversy.
DENVER TO HAVE TIGHT LID
Mayer ftpeer Orders District Atteraeys
te Ea force LawNo Prise
Flghtlag.
DENVER, Dec. 3 Gambling houses
which have been openly conducted In Den
ver for aeveral year were closed today
on ordera from Mayor Robert W, 8 peer,
following tha publishing of an open letter
to all district attorneys calling upon them
to enforce the lawa and announcing that
If they failed In the performance of their
duties tha attorney general would act In
their stead. The midnight and Sunday
closing of saloons laws. It la announced,
will also be enforced and prise fighting
atopped In Colorado. Tlcketa were being
sold today for the Caraey-Brock contest,
scheduled for New Year'a day at Peters
burg, Just beyond the city, but it is said it
will be called off if forbidden by the
authorities of Jefferson county.
EMPLOYERS AN MEN CLASH
New York Werkias-aaea Da Net Waat
Strike, bat D Based I'atea
Materials.
NEW YORK. Dec. . Carpentera and
employers la New York are entirely at aea
regarding tha action that will be taken on
January S, ' when the present agreement
ends. The meetings which have been held
between repreaealatlvas of the union and
of tha Master Carpenters' association have
ended la a deadlock over the question of
the use of union material. The carpenters
aay they will not work If obliged to use
nonunion wood trim and the employer re
fuse to be bound to the use of unloei ma
terial. There eeema to be a well defined
senttiiaeat - acaocg th carpenter against
J a strike "
INDIANS, ARE GOOD WORKERS
saae Tree hie ladeetaa; Theaa te Ac
alre HiMI, hat It Flaally
i Saeeweds.
RAPID CITY. 8. I).. Dec. SO. Special J
The best evidence of the progress made
by tha Biottx , Indiana towards civilisation
la the wintngneea they are showing to do
hard work or any kind of labor for which
they are adapted. A few yeara ago it was
unusual for an Indian to do any kind of
manual labor, while today they can be seen
actively engaged with pick and ahovel, em
ployed at teaming or tit other way a ac
tively competing with white labor. In tha
last two yeara during the construction of
tho Pierre, Rapid Tlty & Northwestern
railroad from Pierre and the Chicago, Mil
waukee At St. Paul :, from Chamberlain to
Rapid City, large a umber of Sioux In
diana were employed by both lines. The
M. R. N. W. y. (Crouch line) haa
more or less Indiana, at work all the
time aa section men or employed at rock
work In the quarries. The Utes, who re
cently created so much stir and were re
moved to thia locaRty, are now busy at
the latter kind of labor..
Credit for effecting thla change In tba
ways of tha red man is largely due to
Major John R. Brennan, agent at Pine
Ridge, who, contrary to all predictions, be
lieved that If given half a chance, the
Indian would be self-supporting. He In
augurated a system at tha agency of drop
ping from the ration roll all Indiana from
IS yeara of ae to IS and giving them
work on the reservation roads, dama and
ditches, paying II. per day for man and
SIM for man and team. The. Indiana did
not take kindly, to tha new order of things
at first, but when they realised it meant
either acceptance or going hungry, they
Boon got busy and are bow eager for work.
Two sons of Chief Sitting Bull (the In
stigator of the Custer massacre), are now
employed by tho Northwestern as section
men and the eons and nephews of old
Chief Red Cloud are also earning a living
by the sweat of their brow. The "blanket
Indian" ia now practically a thing of the
past, with the educational advantagea given
the younger generation at the government
schools and the aider Indian fast learn
ing to make a living It Is only a matter
of a short time when the "blanket Indian1
will be classed with the buffalo. '
BODY OF DRUCE EXHUMED
Cefna Opeaed aad Char-area Made that
It Coatataed. Kothlas; la
Disproved.
LONDON. Dec. SO The body ot- Thomas
Charles Druce In Hlghgate cemetery was
exhumed this . morning, Just, forty-three
yean to a day- after Its burial. Tho coffin
was ound to contain; the remains of a
human body, thus exploding the romantic
tale told by Robert C. Caldwell and others,
who swore during the recent bearing of
tha Druce per Jury case that It contained
a roll of lead.
The official statement a-ivwn nut hv mm.
seatativea of the home office and others
who were officially present at the exhuma
tion, not only definitely disposed of th
lead myth, but seems effectively to prove
that 'the body burled In 184 was actually
that of T. C. Druce. The authorised state
ment follows: - """ITJ' '
, "ha . coflla, - was- .w a jed and found te
eeataln the body-of asxaged, heardea msn
ine piaie oa ine romn oore the . tiaaue
Thnmaa Ptia.lM rw,,n, V
The Druce vault haa thus given up rts
secret after ten years of legal - proceed
lnga. which have cost, all- told, a consid
erable fortune. A large part of this money
waa obtained from servant girla and other
workers who were Induced to buy . share
In a company formed to prosecute the
claims of George Hollamby Druce against
the estate-of the duke of Portland.
The charge of perjury against Herbert
Druce Is effectively disposed of.
NEW YORK. Dec. SO. Robert C. Cald
well, whose testimony as a witness In the
so-called Druce case led to -the re-opening
of the grave of T. C. Druce today la
now at the home of hla daughter at New
Brighton. Staten Island He la under
5.000 bonds to answer to a charge . of
perjury preferred by the British authort
tlea In connection with the atory he told
In the London court. He waa arrested
when he -arrived here December 20. It la
aald that hia health has improved aince
hia arrtvel. Caldwell's story of the alleged
duel personality of the Duke of . Portland
waa the real sensation of, one of the most
remarkable cases which ever engaged the
attention of the British courts. The re
opening of the Druce grave today was
the final effort of the government to prove
their charge that Caldwell'a testimony
was "wilful and corrupt perjury." In
substance. Caldwell's story, upon . which
the claim of the Druce heirs for the great
fortune and the title of the Duke of Port
land waa based to the effect Oiat the
Duke of Portland and T. C. Druce, a
London storekeeper, were one and the
same. He had known the Duke of Port
land under both names, he aald, and at
the request of the duke had arranged a
pretended death and mock funeral of
Druce so that his dual personality could
be burled. He swore that the coffin ex
humed today did not contain Druce' body
but 209 pound of lead. . .
ROBBERS KILL STATION AGENT
Large Sana Btolea from Baltimore A
Ohio' EatBloye, Body Be
lag' Baraed.
CLARINGTON, O., Dec SO. Edward
Hutchinson, the Baltimore A Ohio railroad
station agent here, was robbed and mur
dered at an early hour today and the
station was burned over bis head. While
the railroad officials will not talk about
the case. It la aald that the murderers
got away with a large sum of money.
The burglars bound and gagged Hutchin
son. After taking hla watch and money
they then ransacked the station. The
theory advanced possibly to explain tha
eold-blaoded murder of the atatton agent
la that the burglars were recognised by.
him and decided to burn Hutchinson aa
he lay bound In order to conceal their
Identity.
KANSAS EDITOR NEAR DEATH
Caleael M. m7 Mardork af Wichita
9eTrrs freaa Ilia ess that
May Be Fatal.
WICHITA. Kan., Dec 3a Colonel Mar
shal M. Murdock. editor of the Wichita
Daily Eagle, Buffered a hemorrhage last
night and bis death la not unexpected. Hia
i physicians hold, out little hope of his re
covery. Colonel Murdock ia Buffers; from
a catarrhal condition of the stomach. Ha
la 70 yeara old.
Colonel Murdock la one of the oldest ail
beat known newspaper editors la the south
west. He la a noted Kansas pi i niter and
has beea In state politics sine the time of
the border warfare. His boo. Represents
live Victor Murdoch, ts hurrying . to the
patent's bedald f ron WasfeUurVeo,
TROUP IPnOLDS SUNDAY LAW
Sum tains Police Jndjre in Fining- Bar
ber for Working dn Sunday.
CASE GOES TO SUPREME COURT
'
.
City, Froeecator . Daalel Thlaks He
W ill Cease . Mere A r rests
latll Higher Trlhaaal
Gives Declslea.
Judge Troup Monday morning handed
down a decision In the Caldwell habeas
corpus case, declaring the ao-called Sun
day law constitutional. He auatatned the
action of Police Judge Crawford In fining
Caldwell. SI and coats - for running his
barAer ahop on Sunday and refused to
release him from . custody on . the writ
of habeas corpua.
In substance. Judge. Troup decided the
terra "common labor" aa uaed In the law
means usual and ordinary labor and not
manual or unskilled labor. He holda that
th law prohibits all form of labor, skilled
or unskilled, on Sunday, except that per
mitted by express terms or the law and
work of necessity, charity or mercy. H
did not decide Just what forms of labor
could be Included among works of neces
sity, but said that waa a Question of
fact to be determined In each case from
the facta adduced by the evidence.
Jefferla Howell, attorneys for Cald
well. Indicated they would take an Im
mediate appeal to the supreme court and
Judge Troup fixed th supersedeas bond
at SSO- It la hoped the appeal can be
presented to the supreme court at the
January Bitting and that a decision can be
had without much delay.
City Prosecutor Daniel aaid Monday that
If the validity of the "blue laws" la taken
up to the supreme court for decision he
will not file any more complaints until a
dVcUion hss been rendered by that tribunal.
In the matter of the persons arrested at a
dance In the Creighton hall Sunday night
he aaid the prosecution of them remains
with the county attorney, a the statute
provide Tor either fine or imprisonment
for "sporting. However, a th supreme
court has decided that "sport" refers ex
clusively to field sports he thought It
likely that the county attorney would not
prosecute.
New Tare af Teetlaaoay.
The efforts of those who are opposed to a
rigid enforcement of the Sunday law may
take a new turn aince the attempt to nul
lify the law itself haa failed. Isidor Zleg
ler fend Frank T. Ransom, attorney for
the theater and other interests, are con
templatlng a test of the statute which pre
vent a defendant from demanding a trial
In police court. If thia statute could be
nullified a jury would be asked for In each
of the 'Sunday closing cases and it Is be
lieved the convictions would be few and
the efforts at a rigid enforcement of the
law nullified. . .
The decision of Judge Troup waa listened
to by a large number of attorneys and
business men interested in th outcome of
the test case.
At the outset Judge Troup said he could
not take cognisance of the charge made
by the. attorneys that the enforcement of
Uhi law Was not undertaken In- good faith
The ewsctrj' oTr tcrves, he said, did -not
enter. " He then went Into a searching dis
ensston of Sunday, observance laws front
the glvirig of the Ten Commandments down
to the present time."-
"The law In this country," he aald, "can
not rest on religious duty or doctrine.
Thosj who ask for the enforcement of the
law on 'the grounds of religious duty have
absolutely no ground for such demand
But the several states have the right to
provide for the physical and mental wel
fare of their cltlzena. As -such these laws
were enacted and aa -such they have been
upheld by the courts from the earliest
times to the present. That theae laws may
promote the cause of religion and induce
a' more general observance of religious
dutlea of the day is Incidental. "
Oae Day of Heat far All.
Quoting from the preamble of the flrat
Sunday law Judge Troup declared it waa
evidently , the Intent to require everybody
as far aa possible to take one day'a rxt
In seven.
"The legislature might have fixed Tues
day or Friday," he said, "but It did fix on
Sunday aa the day most convenient to be
observed by the largest numbor of people.
This Is a Christian nation and Nebraska
Is a Christian state and the Christian Sab
bath Is an Institution thoroughly instilled
In our lawa and customs."
Continuing Judge-Troup said the extent
of the law depended on the construction
of the phrase "common labor.
"It was argued by counsel," he continued.
"with some earnestness, that common labor
meant manual labor of the more menial
or servile kind, requiring no skill. With
all due deference to . the counsel I must
say that I am wholly unable to agree with
that construction. Can It be said that under
thla law the legislature had centered all Its
Interest In hod carriers, coal heavers and
laborers on the streets with no Interest
at all In carpenters, .barbers, bankers and
the factories and workshops teeming with
tired tollers? . Can It be said that It waa
the intent to make the hod carriers abstain
from working for wage whether he wanted
to or not and not require the same of the
other kinds of laborers? To allow the fac
tories and abopa and banks and store to
keep their door wide open. It seems to
me that the argument carries with its own
condemnation."
Ceaumoa Labor Meaas Ordlaary.
"Common labor means usual labor, or
dinary labor, customary labor at which
one employs htmself.' But more than this,
it means the labor ordinarily carried on
in any community. It la not claimed In
thla case that a barber ahop is a necessity.
and for more than seventy-five years the
courts have been deciding tt la not.
"What la necessary and what la not ia
a question of fact to be determined in each
case. The law affects a drug store the
same as It affects any other store. The
druggist can no more dispose of artlclea
the aale of which la not necessary .on Sun
day than can the dry gooda merchant
Ttio only difference la that in the drug
business more articles are kept for sale
that are of auch a nature that it ia a work
of necessity, charity or mercy to dtapoee
of them. The dry gooda merchant might
dispose of a piece of muslin to bandage
up the wounds of an Injured man. It Is
probable the courts will be liberal In inter
preting what la a necessity and what is not
when convinced that the motives were
good.
Judge Troup gave aa a further reason
for denying the argument that the law
was special legislation the fact that it
waa passed In 1873. under the old constitu
tion of lbvi. which did not prohibit spe
cial lrgislatlon. The present constitution,
he aaid, contained a provision that laws
in force at the time of its adoption ahould
remain In force until they were repealed
by the legielature.
After the formal decision had been an-
Co&tinued & Bsopad fas
FIND NEW SAYING OF CHRIST
Detroit Maa Said te Have Made DIs-
. eevery While Hearrhlaat
la ElTt.
CHICAGO, Dec. SO.-The Daily News
today says that a new saying of Christ,
lost to the world for thirteen centuries and
found in Egypt, was given to the world
for the first time today ' by Pref. Henry
Sanders, of the University of Michigan, ad
dressing the members of the ArchaelngicSl
Institute, now in session at the Univer
sity of Chicago.- The fragment Is part of
an old bible dating back to the Moslem
conquest of Egypt, and on Its face Is so
authentic as to disarm noatile criticism.
The long lost fragment belongs In the
sixteenth chapter of the govpel of St. Mark
and follows the fourteenth Verso. It re
lates to the story of Christ's appearance,
following his death, to eleven of hla spos
tles In Jerusalem.' With the new verae the
bible reads thus:
Mark. 16-14 And they answered, saying
that this age of unrighteousness and un
belief Is under the power of Satan, who
does not permit the things which are
made impure by the (evllt spirits to com
prehend the truth of God and hia God.
For this reason "reveal thy righteousness
now." they said to Christ, and Christ aaid
to them:
"The limit of the years of the power of
Satan has been fulfilled, but other terrible
things are at hand, and I was delivered
unto death on behalf of those who sinned,
In order that they may return to the truth
and sin no more, to the end that they may
inherit the spiritual, indestructible glory
of righteousness, which is In Heaven."
Prof. Sanders declared thst the new
found script also contains what la known as
the liturgical ending of the Lord's prayer.
The text was found, he said, by Charles
L. Freer, of Detroit, who was searching
In Egypt for additions to his collection.
MAGNEY ON JAIL FEEDING
Readers Oplnloa Coaatr Board Cam
aet Let Cea tract lo Sheriff
tader New Law.
Deputy County Attorney Magney late
Monday afternoon filed with the county
board an opinion holding the board cannot
let the Jail feeding contract to Sheriff-elect
Brafley because of a section In the statute
which forbids a county officer from hav
ing an Interest in a contract with the
county. - The penalty for violating the law
makes It practically a felony for a county
officer to enter Injo such a contract.
Tho resalt of the opinion will be to
undo what the board has done under the
new law providing that the feeding of
prisoners in the county Jail shall be don
by contract. Sheriff-elect Brailey was the
lowest of a number of bidders and the
board has already awarded him tho cop
tract at 19 cent a day per prisoner. At
this price the county would save about
SS.Ono a year In the post of running the jail.
Mr. Magney has been asked for another
opinion as to whether or not the law pro
viding for the feeding of prisoners by con
tract is constitutional.. If It la not the
commissioners will allow Sheriff Brailey
to feed tho , prisoners at the price named
In hie bid without a formal contract: If
the law Is held constitutional It' will be
necessary to let the bid to someone elso.
The next bid above Mr. Brailey was
cents a day. . .
LEADING MEN TALK ECONOMICS
Labor Probleass "A re Dfarassed
Mad laea frona Seleatlfle
, i , - , Stsadaolat.
at
MADISON. Wis.. .Dec. 3a At a Joint ses
sion of the American Economic sssociatlqn
and the American Association for Labor
Legislation, today, the president of the
latter organization, Dr. Richard T. Ely of
the Unlveralty of Wisconsin, spoke on
"Economic Theory and Labor Legislation.''
Prof. Charles R, Henderson of the Uni
versity of Chicago spoke on "Working
men's Insurance in Illinois," which wss
alao discussed by Prof. John R. Commons
of Wisconsin university.
At a session of the American Sociological
society, the subject: "Is Race Friction
Between Whites and Blacks Growing and
Inevitable T waa considered by Prof. Alfred
H. Stone of Washington, D. C, Prof.
W. E. B. Dubois of Atlanta and others.
Before the American Political Science as
sociation. Prof. Ernst Freund, of the Uni
versity of Chicago delivered an address on
"The Problem of Intelligent Legislation."
"A Program for Social Legislation, With
Special Reference to the Wage earners
was the subject of a paper by Prof. Henry
R. Seager of Columbia university at a ses
sion of the American Association for Labor
Legislation, which also heard a paper by
Labor Commissioner Charles P. Nelll on
"The Employment of Children and Women."
DARROW READY FOR DOCTORS
Rearhes Los Angeles and Will Booa
Babnalt to Mastoid Ope
ra f I om .
LOS ANGELES, Cal., Dec. SO.-Clarence
Darrow. the Chicago attorney, arrived here
from Boise at t.ZO this morning and was
driven in a carriage to the California hos
pital where an examination of his condition
will be made, preliminary to an operation,
for Mastodltls. Mr. Darrow was somewhst
worn from his illness and fatigue of the
Journey, but was able to go from the train
to the hospital carriage without assistance.
Mr. Darrow was accompanied by his
wife. Dr. John R. Haynes will perform the
operation assisted by several other Bur
geons and specialist.
"The caae of the state In the Pettlbone
trial haa none of the strength shown by It
In the Haywood trial," aald Mr. Darrow.
"I expect a prompt acquittal. The opl)
reason why they are prosecuting the pres
ent case 1 that after the charges that were
made they could not very well back down
without making an effort. Public opinion
in Idaho has undergone a change since the
Haywood trial and but little Interest la
manifested in the present case."
BEER POURED JNTO SEWER
Internal Rereaae Collector Destroys
Twenty-Three Haadred Barrels
at Oklahoma City.
OKLAHOMA CITY, Okl., Dec. SO.-Twen-ty-three
hundred barrela of beer, valued
at S17.&00, belonging to the New State
brewery, was today poured Into the sewers
of this city by United States Internal
Revenue Collector Charles Howard. The
brew waa completed after Oklahoma be
came a state. The atate authorities would
not permit its sale and shipment from the
stata.
SPARKS CALLS LEGISLATURE
Governor af Nevada Notlges President
Roosevelt lie Will Brlag Law
snakera Together.
WASHINGTON. Dec. S. Governor
Sparks of Nevada today wired President
Roosevelt that he Is now preparing a
proclamation calling the legtalalure of
Nevada Into extra session. According to
the president's last communication to tha
governor, the troops will now be ordered
to remain at Goldfleld for-a period, of
Utie eeeka,
TAFT ON THE PANIC
Secretary of War Addresses Boitoi,'
Merchants and Manufacturers,
BUSINESS AND THE GOVERNMENT
Relations of the Two Are Fairly Ex
plained in Detail.
RESPONSIBILITY FOR THE FLURR1
Cansea of the Disturbance and tha
Source of Trouble.
FRANK AND FORCEFUL STATEMEN1
Dishonesty aad Abase et Trast by Med
la Hlah aslaess Clreles Brlag;
Abeat tea all leas
Prevailing.
BOSTON. Dec. 30. Secretary of War Taft.
made his first public utterance since hh
world -circling lour In thla city today. Al
though coming to Boston principally a th
guest of the Merchants' association. Secre
tary Taft consented to meet many persona
In other walks of life, and a program,
which included a brief address to leading
ministers at the regular Monday morning
gathering of Congregational divine, lunch
con with Governor Guild and a reception,
by the Jews of the city at the Elysium
club In tha afternoon, was arranged.
Upon leaving the train from Washington
at 7 a. m. Secretary Taft waa driven to
the home of Samuel Carr, a Boston banker
and a relative of Mr. Taft There break
fast was served, but only a few persona
outside the Immediate family were present.
An hour or two later Several members of
the executive committee of the Merchants'
association called at the Carr residence In
connection with the banquet In the even
tng. It waa expected that a brief automo
bile trip would occupy an hour during th
forenoon before the ministers meeting, but
a heavy Vain storm prevented. , .
Taft at Merebaata' Exehaaare.
In the evening Mr. Taft delivered an ad.
drees before the Merchants' exchange, say
Ing In part:
"Gentlemen of tha Merchants and Manu
facturers association of Bnstoni Z ar&
glad to be here. For more than two year .
I have been trying to accept your kind in
vitation. I do not feel strange In this
New England company. My father was'
born In Vermont, my mother waa born lo
Boston; my two grandfather were born
In Mendon, Worcester county; much of tnf
boyhood was spent In Mlllbury, and I was
educated at Yale. While I cannot claim
to be one of you. I like to boast that I
have enjoyed the good Influence of . th
same traditions.
HI Seleetloa at a Toate.
'"I had expected to talk to you about the
Philippines tonight. That waa one of the
reasons why I accepted the Invitation so
lightly, it ls-a subject easy, for me to talk '
about. It may be It Is getting stale, Fes
Instance. I have found that one of the betr
methods of discouraging my friends, th
correspondent of the press. In Washing,
ton, from pursuing embsrrassing Inquiries
Into other matters Is to Insist on discussing
with them for publication Interesting phaaea
of the Philippine situation. They leayg
forthwith. But I had aupposed that bow
ever dead the islands may be as a toplo
inviting discussion and attracting atten
tion elsewhere one could rouse some senti
ment over It still In Boston. I have been
warned, however, that here, too, there
were subjects more absorbing. At least for
business men. So, when I was honored by
an Invitation for thia morning to address
the ministers of Boston, whose profession
carries them naturally in a consideration
of other worlds. I said my say in respect
to the Philippines and the (to me) very
absorbing national problem which I hope
and believe we are working out success
fully. It follows that for this company, I
must find another, subject.
"During the last three month the country
has suffered from a sever monetary panic.
Even yet the clearing house certificates
linger In your bank exchange a emphatlo
evidence of Ita severity and of the extreme
meaaurea which had to be taken to avoid
greater disaster. Doubtless many of my
hearers have not yet recovered from tb
Intense nervous strain and mental suffer
ing to which they have been subjected
since the middle of October. The panlo
has been given a certain political bearing
and Importance. For this reaaon, I have
selected for my toplo of tonight: Tb
Panic of 19U7. tt Causes, Its Probable Ef
fects and the Relation to It of the Pollcte
of the National Administration.'
What Canaed the Paale.
"What did cause the panic? Wrltera OB
financial subjects who have given their
lives and constant attention to matters of
thia kind, who are able to conatltute a
comparison of the present panic with pre
vious panics and who are entirely familiar
with the condition preceding ail of them,
substantially agree upon the cause. Panics
and Industrial depressions are the result of
the characteristics of human nature, which
manifest themselves In business and els. '
where. The. world generally ha a certain
amount of loanable capital available for
new enterpiiaes or the enlargement of old
onea. In perloda of prosperity this cap.
ltal, with the Instrumentalities for en
larging It potentially by credits. Is put
Into new enterprises which sr profitable
and the increase in free capital goes en
almost in arithmetical progression. After
a time, however, expenses of operation and
wages Increase and the profit from the
new enterprise grows smaller. The loan
able capital gradually charges Ita form
Into Investments less and lea convertible.
Much of that which might be capital 1
wasted In unwise enterprises. In extravk
gance In living. In war and absolute de
struction of property, until the' available
free capital becomes well nigh exhausted
the world over and the progress of new
enterprises must await the savings of
more, lien continue to embark In new
enterprises, however, the capital fails
them and disaster comes. .
"Fbr eight or nine months past there
were many Indication lht the loanable
capital of the world Waa near exhaustion.
Thla result waa brouglil about not only by
the enormous expansion of business plant
and business investments which could be
readily .converted, but also by the waste
of capital in extravagance of living and
by the Spools" warN the Boer war and
the ftussian-Jspanese wsr and In such
catastruplH-s a that Of Haltlmor and Sen
Fran.lsco. It "became Impoasible for th
soundest railroads and other enterprises to
borrow money for new construction or re
construction. The condition wss not con
fined to tbl country, but extended th
world over and was mad manifest in tig)