Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 04, 1908, Image 1

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    Fhe Omaha Daily Bee
VOL. XXXVlI-Xo. 172.
fcimellville, Ky., Scene of Third Out
rage of Tobacco War.
Fire Set to Debris Which Spreads to
Other Building:,
Masked Men Also Take Possess
Telephone Exchange.
Tsbutt ftrnwera Have Larue Supplies
on Hand and Rome of Them
Arm Preparing; to Sell
RrSBELLVILLE. Ky.. Jan. 3.-Nlght
rider, 100 strong, swooped down on Rus
ellvllle, Logan county, early this morning
ar-d after overpowering the throe policemen
and providing- against the Riving of an
alarm, dynamited and burned the two In
dependent tobacco concern In the city and
aeveral other establishment! and rode away
out the Hopklnsvllle and Clarkwllle pike.
Three men were wounded and the tele
phone girls And police were held prisoner
for nearly three hour. The following
building were deatroyed:
Frank O. Work, tobacco warehouse;
building and contents; loss. $16,000.
American Snuff company, factory and
content: loss, 115,000.
Roberta at Brown, planing mill; loss,
Alfred Underwood, grocery; loss, $2,000.
i Landing ft Proctor, stable.
Joshua Knowles, cottage.
The wounded persons are:
Dr. Charles M. Roberts of Kvansvllle,
J. R. McLean, Russellville.
J. If. Moacley, Russellvlllo.
Chief of Police- Overpowered.
Captain W. R. Bruce, the chief of police,
a soon aa he heard the noises hastened to
the flr tower, where he attempted to
sound the alarm, but wa overpowered by
four of the masked night rider.
Two merchant, J. R. McLean, proprietor
of a grocery atore, and J. Henry Moscly.
proprietor of a dry goods store, did not
hurry Into their homes a fast a the night
riders desired and were shot.
The most seriously Injured was Dr. RJl
erta, who was a guest at the Forest house.
He wag wounded about the head and faco
by a charge of buckshot fired as the night
rider were leaving town. He heard the
confusion and. thinking that the raiders
had departed, ran out to see what had
happened. He came face to face with a
group of the departing mob and as ho
started to run was shot.
It wn snld that the mob came to Rus
ellvllle from the direction of Cave Springs,
near where the members are said to have
bad their rcndeivoue. The mob seamed
to be) wcll'.(jfgAnU',l with" a head ana? non
tenant. All the men were mounted and
wore white caps, false heard and masks.
Except for the Shot atthosn who appeared
on the afreet there wan tittle shooting,
the chief burflnes of the mob seeming to
be the destruction of the two tobacco
'Defiance of State (iotemmfnt.
Thta Is the third raid which litis been
made by night riders In western Kentucky
and come In the face of the announcement
by the governor that, dlwordcr must cease.
At thla time a court Is In progress at Hop
klnsvtlle Investigating a similar raid which
was made on that city aeveral weeks ago.
Troop are now on guard In Hopklnsvllle.
The night riders- ore attempting to In
fhienoe or Intimidate certain tobacco grow
er Into holding their crops for higher
price, or not to sell to the American
Tobacco company. The situation is par
ticularly acute-at . this time, 08 many of
the growers have two years' crop on hand.
Warehousemen have been notified from
time to time to refrain from buying any
tobacco, and many of them who defied
the notice have had their houses destroyed
by fire. Nearly nil the tobacco glowers
are member of the Tobacco Growers' Pro
tective association, hut this organization
discountenances such acts a have been
credited to the" night riders.
JIOPK1N8V1LLE, Ky.. Jan. 3-State
Fire Marshal Molt Ayrcs-left today for
Russellvllle, Ky., to investigate the night
ridel a' raid there last nlnlit.
Mneteen-Year-Old Kentucky Roy
Hanged at l.onlavllle He
raaaa of Crime.
IOUlSVILLFi Ky., Jan. 3. Clarence
Sturgeon, 19 year of age. was executed In
the Jail yard here today. HI extreme
youth w the basis of many unavailing
effort to procure his pardon.
Th execution was delayed and rendered
extremely painful for those present by
rtason of failure of the mechanlsn to
work and a consequent delay of several
minute, while the condemned man tood
rigidly awaiting the end. Sturgeon was so
light that the drop did not break bis neck
nd h n not pronounced dead for seven
teen minute.
Sturgeon murdered Ira Hrurier, James
Blackerly and Wilfred McMiclmel year
ago. The youth went to the scaffold with
calm trustfulness showing on his b -yfsli
countenance. Kven the last Interview w;-h
hi aged father and mother and farewe!!
10 hi seven brother and two sisters faik-d
to affect him.
ttvru Men, Sarvlvors of Crew of six
trm of NorwrxUn Dark
tirrraaalc. Mated.
KtW YORK. Jan. S.-even shlpwrecke l
sailors, believed to be the only survivors
of the crew of sixteen of the Norwegian
bark Oermantc. were brought here todjy
by th oil tank steamer Hothan Newton.
They were picked up In mldocran on le-
camber 17 In a terrible condition from ex
posure, eight days after their vessel had
been abandoned. Another boat, which
contained eight men. has not hevn found.
Th captain of the bark, who remained on
board until all the men found place In
th amall boats, went down with his ship.
Fatal 1 aar of Hydrophobia.
NKW YORK. Jan. i-llla last thoughts
on the piesruts he waa going to liuv for
the doctors and nurses, Arthur H-nnPihy,
10 yrara old, died In a Brooklyn hospital
yesterday of hydrophobia, tie was bliien
By a dog two montha ago. and, the wqund
being alight. It was nnfclocird. A short lima
ao th dlaeaa davatoprd and thao Jt waa
ia lA4
Satnnlny, January 4. IIMH.
1908 iluUwY-
i.t.s: jvo.y' Ttz, uta Wif
r- "-12
3 4
5 6 Z 8 9 lO 11
12 13 14 15 16 1Z IS
19 20 21 22 23 24 25
26 2Z 28 2930 31
, For Omaha, Council muffs and Vicinity
.'"air and slightly colder Saturday.
f ("or Nebraska Fair Saturday.
,,nr Iowa Partly cloudy, with light rain
mow In east portion Saturday; cooler
da v.
.iperstnre at Omaha yesterday;
Hour. Peg.
, 4
. fvl
, M
. W
, U)
. 48
, 48
. 43
, :v
. 87
9 p. m.....
Trial of Hanker Walsh at Chicago
shows evidence that his subordinates wore
taking advantage of his plight for their
benefit. Fag 1
Police of New York think they have
olved the Harrison murder mystery, tho
woman found being at last identified.
Pag 1
Night riders ajraln terrorize Kentucky
town. Pag 1
A plan has been devised for the con
tinuation of the Westlnghouse business
In the hands of the stockholders. Page 3
A long trip Is taken by a professor of
the Smithsonian institute to view the
eclipse of the sun. Pace fl
Youth of 19 pay penalty for triple mur
der with his life at Louisville, Ky.
Pag 1
Shipwrecked sailors of Norwegian bark
Germanic picked up In midooean. Page 1
A million dollars assets were added to
the books of the California Trust com
pany, according to a confession of Rook
keeper Storr. Fag a
Senators and congressmen from public
land states combine to combat the con
solidation of land offices. Page 1
Plans are on foot to make Sunday
school lessons graded as are ordinary
school lessons. Pag 8
Powers Jury finds It Impossible to agree
and the fourth trluJ will probably be de
clared a failure. Fag 8
Receivers of the Seabord Air Line rail
road take possession of the property.
Pag 1
Prince Helte rejects duel with Cou-it
Bon I de Castellane. Page 9
Kditor Harden is given four months' Im
prisonment for libeling Count von Aloltke.
Pag 1
Sensational stories about the locution of
the Japanese fleet printed in Pari are
the cause of a statement by the Japanese
amhtaswttdor that Tier has full confidence tn
the peaceful Intentions of Presld -nt
Roosevelt. . Pag 1
F.xpenses of express companies play a
rart in the case Involving their rates, ac
cording to an opinion f Judge W. H.
Munger. Pag 3
Motor car near llolstein dashes off
bridge-, killing John Brown and mortally
Injuring O. F. Fisher. Pag 1
Live stock markets. Fag 9
Grain markets. Fag 9
Stocks and bonds. Fag 9
Port. Arrived. Filled.
NEW YORK Pr. Irn RarbaroM.
NKW YORK La Provence.
NKW YORK Neap. Prince.
Ql KRNSTOWN.. Maun-Unla llaverfnrd.
PAI.KRMO Ban (llnvannl
NAI'I.KS , Mart America.
COl'KNUAGKM. . Ilelllar Olav
Sable Island-Philadelphia, 795 miles east
of Sandy Hook at 6:?' p. m.
Poller Relieve Woman Found at Har
rison, . J., Wife of New
1 urk Motormaa,
NKW ARK, N. J., Jan. 3. According to
the Identification of a friend named Frank
Klnert, the body of the mysteriously mur
dered woman which w:ih found tn the
Passaic river at Harrison, is that of Mrs.
Theodore Whttniore. wife of a Brooklyn
motorman. Whltnmre, on viewing the body,
was unable to say whether the body Is
that of his wife, but he said that his wife
wore a su't similar to the one worn by
the dead woman ami had scars on her
body similar to those on the body In ques
tion. Whit more said his wife had been
missing for some time, and he believed she
bad lift blm for another man.
SniENBTAPY, N. Y.. Jan. 3. William
R. Salter, a brother of Mrs. Theodore
Whit more, today Identified a picture of
the dead woman at Harrison as that of his
NKW YOITK, Jan. S. After seeing a
photograph and some clothing of the mur
dered woman, Mrs. Mary Salter declared
the woman was her datinhter. Mrs. T1mo
dore S. Whltnmre. A daughter of Mrs
Salter declared likewise.
Writers I'uaaenarr Aasoclatlon De
ri I lira to Make Hrilut-tlons to
Itualneaa Mrn.
CHICAGO, Jan. 3. Tl.i- spring and fall
merchants' meetings which have for some
! years past 1 ceil the means of bringing
thousands of l-uslness men from 'smaller
j cities to Chicago and St. Loui3. will be
omitted this year. The executive committee
I of th Western Passenger association yes
i terday refused to grant the desired fare
I and a half rule in ,nille of thu pleas of
' representative of the Chicago Commer
J rial and the St. Louis Merchants' axsocla
, Hons.
! The reason given is that the I-cent fare
laws of Illinois. Missouri and other western
e; ave 3J redured ,,asseneer earnings
. .. . , feasible to Krant suecla.
rates. Last api'lut'. when the railroad
regularly charged 3 cents per mile, a rate
cf a fare and one-fifth was granted, and
9.454 retailers from ('!'.! agj's trade terri
tory came to this city. Last autumn no
reductions in fare were granted and only
S retailers came In to the meeting.
The falling off al St. Loula was less, as
the Southwestern Passenger aasoclatlon
haa continued to grant the redu-cd rates.
F.luht-liuaT Day for Shop Mea.
ALTDONA, Pa.. Jan. 1.-A1I Pennsylvania
railroad aluip eoijiloyra In this ctly engage. I
on repair work have resumed the uigltl
hour day ys(-tn. several fheuaaud taeik
U44 by U iaauUaa.
TVuJ s. a. m
J VTf II S a. m
H-s. I ! a. m
V a M a. in
T39W ::::.
52. - p- m
'"Z J p-,n
n 1 ""V & P'
SfeaT1 'r. m
7 p. m ,
i 8 n. m
Ohio Senator is Not Pleased with Call
for Primaries.
(baraea that Requirement of State
Committer Are Not Aothorlmrd. by
Statute Rrfnara to Be Hound
by Artloa.
CINCINNATI, Jan. 3. A flat refusal to
be bound by the conditlona of the call for
the republican state convention which Is
to name a state ticket and select delegates-at-large
to the national convention Is the
conclusion reached by United State Sena
tor J. B. Ftoraker, as announced tn a state
ment given to the press here tonight.
Primaries for a teat of trength between
Tart and Foraker as presidential candi
dates were provided for In the official
call, and the method provided Is harpty
criticised by Senator Foraker.
The statement. In part, follow:
I am not sure 1 understand the call, al
though I have rend It severul times. If I
do it is another case of asking for bread
and getting a stone. My idea in requesting
primaries waa to have the election of dele
Kate brought home to the people, so that
In each ward, for Instance, we could select
our Immediate representatives. Till call
makes all that Impossible.
In addition. It prescribes requirements not
authorised by the statute and not within
the power of the state central committee.
Some of the requirements are in direct
conflict with the statute. Some of them
are very burdensome. One In particular,
is the requirement that before there can
be a Taft ticket and a Foraker ticket there
must, be a petition signed by twenty times
the number of the candidates for delegates
and alternates. That would mean In this
county about 4,0fX signers or petitioners.
'Die unreasonableness of the requirement
that there shall be 4.C00 petitioners to au
thorize a ticket Is shown not only by the
fact that the law makes no such require
ment, but that In cases where the law
authorises county and city officers to tie
nominated by fletltlon only .300 names are
necessary to nominate any -county officer
and only fifty names are necessary to
nominate any municipal officer.
If in tho contemplation of the law fifty
signers are enough to authorlre placing a
man's name on the ticket for mayor of
Cincinnati or Cleveland certalnU- it Is
beyond anything contemplated by tho law
that 4.000 signers should be necessary to
nominate a lot of delegates and alternates
to merely attend the state convention.
Such a condition Is unnecessary as well
as burdensome. It should be enough for
each party to select Its own ticket und let
the people vote their preference.
The counties are not bound to follow the
order of the state central committee, but
whether they will do so or not I nm not
advised. So far as I am personally con
cerned I shall make no effort to comply
with such uncalled for, Illegal and arbi
trary conditions.
I'nlraa Hharr Asks endorsement State
Will Bo for Secretary.
DKS MOINES, la., Jan. 3.-The effort for
the control of the first state convention is
just now beginning to attract attention
among party leader. This is the last con
vention that will be held In Iowa under the
old caucus plan. Under the primary law
which goe Into effect In June a new order
of things Is established. The first con
vention, which probably will be held In
March, will select delegate to represent
Iowa In the national convention,
'Unless "former Secretary Shaw asks for
the delegation a a nucleus to his presi
dential boom there will be little question
but that Iowa will line up for Taft, and
will so Instruct its delegates. On this point
there seems to be little division of senti
ment between the progressives and the
Governor Cummins Is understood to lie
for Taft, so are "Lafe" Young, George D.
Perkins and a good part of the other stand
pat leaders. There was a time when It
was supposed that the governor waa not
in line for the Ohio statesman, but It Is
said that as the result of a trip to Wash
ington he now Is actively In favor of the
Roosevelt candidate.
Pesplte the fact that there is little ques
tion as to tho lineup of the state on presi
dential candidates. It must not be sup
posed thnt the standpatters are giving up
all thoughts cf controlling the national
delegation. They do not propose to "har
monize" unless it may be determined be
tween now and Match that such "har
mony" will be in the Interest of Allison's
Tt Is the belief of the leaders of the
standpat faction that the majority are of
their way of thinking and that control of
the March convention will give the Allison
cause, and Incidentally the standpat state
ticket, much prestige before the primaries.
The leaders are. beginning to display con
siderable activity In regard to the dele
gation. Tho contest will center upon tho
delegates at large.
For two of the delegation at large the
names of "Iyafe" Young of Pes Moines
and George P. Perkins of Sioux City seem
to meet with most favor among standpat
ter. Roth of these men have been prom
inent In standpat councils. Mr. Young, aa
editor of the Pes Moines Capital, has been
called upon to make the fight for stand
pattam In Cummins' home county, while
Mr. Perkins, equally prominent a an ex
ponent of the principle of that wing of
the party through his Stoux City Journal,
has not hesitated to bear a large share
of poltlcal burdens upon his own shoulders.
Both these editors are giving Mr. Taft
their support, both are In accord with the
administration, and both of them are repre
sentative Iowa republicans. That It Is Im
portant, from the standpoint of that wing
of the party, to bring together the divided
elements of this fartlon Is becoming plain.
The Cummin organisation, which for
present purpose is a unit in Its support
not only of the governor for United States
senator hut of the lieutenant governor as
a candidate for head of the state ticket,
seems to be entirely Intact and prepared to
go Into the contest without any apparent
As opposed to this organization the stand
patters are not able at present to present
anvthlng like a olld front. Thu far they
have been unable to unite upon any can
didate for governor, and It seems possible
there may be several names presented
representing to a greater or leas degree
the ideas cf thnt faction.
The standpat leader realize that If any
thing is done to oppose the Cummlns-Garst
organization work must commence at once,
and that the first thing to be done I to
make a lrong fight for the control of the
first convention.
It Is believed that Young and Perkin are
the strongest men among the standpatter
for two of the delegates at large. Con
gressman Walter I. Smith of Council
Bluffs and former Congressman Iacey of
Oskaloosa have been suggested for the
additional members of the "big four,"
but as yet no agreement has been reached.
Month More of Imprlaonmra t.
ELY. Nev.. Jan. 3 Rescuers in tht
Alpha shaft are now working a short dis
tance below the aaventy-flve mark anil
averaging ten feet a day. The three en
tombed men, when told that tt on-bably
aotUd be four twin before thev rould be
rehaad, apt-eared eallKflea that avarv-
Liiuka aaaamla araa kalaav aeaak
Slater of Harry
Thaw Rrlnra Action
for Noll
teat Ion of Mar-
jrrlth Earl.
IX)NDOX. Jan. 3. The countess of Tar
mouth, who was Mis Alice Thaw of Pitts
burg, has begun proceedings for ho nulli
fication of her marriage with the earl of
Yarmouth. The countes of Tarmouth Is
a slater of Harry K. Thaw.
The Yarmouth case I entered In the de
fended list for trial at the coming sittings of
the divorce court. It will be heard In
PITTSBURG. Jsn. J. The new that the
cotintess of Yarmouth 1 seeking nullifi
cation of her marriage did not create much
surprise, as it had been known here for
some time that all was not well between
the couple. I ,
It I said that th estrangement results
from two cause, th, first the action of the
earl during the first trial of Harry K.
Thaw, the countess' brother.
It Is said when the trial was about to
begin Tarmouth went to Egypt and lived
In aeriuston In the select colony of Eng
lish folk who reside there during the win
ter months. The second cause I said to
be the action of th Thaw family In de
termining upon an Insanity plea for Harry
From report received here from Lon
don during the last lionth it Is .said Yar
mouth objected to Inlanlty figuring In the
New York trial on tl4 ground that Jt would
have a direct Influence on the succession
of the Yarmouth estate In the event there
was an Issue from the marriage.
It Is also said the! earl's parents used
every influence to prevent the Institution
of proceedings to nullify the marriage.
The Yarmouth were married two and a
half years ago by Rev. W. L. McEwan of
the Third Presbyterisn church, the family
pastor, who also married Harry K. Thaw
and Evelyn Nesbit.
French Newspaper Print Story Tea
sel Are Cruising: In Vicinity
of Hawaii.
PARIS. Jan. 3. The Patrle In It issue of
this afternoon asks. In big head lines,
"Where is the Japanese fleet?" and pub
lishes an alarmist story based on reports
that It has been seen cruising off Hawaii.
PARIS, Jon. 3. Baron Kurlno, the Japa
nese ambassador to France, today gave out
a statement declaring that the Japanese
government has too much confidence In
the pacific policy of President Roosevelt
to take any stock In the bellicose Intentions
attributed to tho government nt Washing
ton by the sensational press. "We In
terpret the American battleship fleet's
cruise, which ha created such a stir," the
baron continued, "more as a manifestation
In favor of a larger navy, demonstrating
the necessity of reinforcements In Pacific
Nothing, he said, Jusflfied the so-called
warlike preparations, atfd then announced
the talk that Japan Whs coveting the
Philippine islands as a fable.
- Continuing, the am ha h dor said the San
Francisco matter has bVn practically set
tled and that he could ae no cause for a
conflict. He predict tnat three month
will justify hi optimism.
BERLIN, Jan. 3. The next two montha
are regarded ".)y thu Qeri.'tan Torclgn office
and the admiralty a cotisfltutlng a critical
period In the relatione between the United
States and Japan. If they pass without
witnessing a break In the relations govern
ment offlcals are convinced that the United
States and Japan will then enter upon an
easier and safer basis of agreement.
Kditor of Die Znknnfdt Found Onllty
of I.ihellnar Count Von
BERLIN, Jan.-. 3. Maxlmlllen Harden,
editor of Pie Zukunfdt waa today sentenced
to four month' Imprisonment on the
charge of libeling Count von Moltke.
Plan Whereby Weatinahonae Company
la to Go Attain Into Control
of Stockholders.
PITTSBURG, Jan. 3. A plan was made
public here today whereby the receiver
ship for the Westlnghouse Machine com
pany may be dissolved and the business
restored to the stockholders. There seems
no doubt that the arrangement which Is
agreed to by the creditors' committee, the
receivers, and by the president, George
Westlnghouse, will be successful. It con
templates Issuance by the company of
three-year 8 per cent notes covering Its
exlBtlng Indebtedness. These notes are to
be secured by the company's bonds at S6
per cent of their face value, as collateral.
Claim of less than $1,000 are to be paid
In cash. '
On claim exceeding tl.OOft the creditor will
receive the three-year note to the amount
of the nearest multiple of $f00 that 1 not
In excess of the claim, the balance being
paid In cash.
It is further agreed that the comrany
pay no dividend to stockholders until pro
vision ha been made for the payment of
all of the note outstanding.
There are about 600 creditor with claim
less than $1,000 and eventy-flve with
claims exceeding $1,000.
Help Draaj Oat Farnitarr from Home
on Fire Near the Rxecu
tlve Manilas,
JEFFERSON CITY. Mo., Jan. 3. Gover
nor Folk sprang Into the role of a volun
teer fireman on short notice today when a
residence across the street from the guber
natorial mansion caught fire, and rushing
Into the burning dwelling he helpod drag
out furniture until the flames prevented
further salvage work. Then he stood in
the street and directed the firemen In their
effort to check the flames. But the fire
men failed to stay the conflagration ef
fectively and the residence of Koadmaster
John Brandt of the Missouri Pacific road
was totally destroyed and two adjoining
residence were badly damaged. A de
fective flue started the fire.
C'onnrrtlrut Civil War Veteran Kind
Swerthrart of Younger Pay
After search.
STAMFORD, Conn., Jan. 3. Jeremiah
O'Meara, TO year old, and Helen Naughton,
66, were married here yeeterduy afternoon
after a wait of forty yar. Thay were
sweethearts when the civil war broke out
and O'Meara enlisted. When the war was
over he returned, but could find no trace
of the girl he had left behind. She bo
lieved that he hud been killed, but was not
able to cenflrm the belief. Neither ever
married and It was only a short time ago
that they found tacU othtir after forty
j'rar' altllis
Teast Waa Cautious in Relations with
Old Soldier Enti-ymen.
Cattle and Land Owner Teatlfy They
Boaght Declaratory Statement at
front 10 to :I0 Which Yeast
Secured, far 95.
That Perry A. Yeast, one of the defend
ants In the Yeast and Sutton land trial
which is on before Judge Munger, was
cautious In his relations with the old sol
dier from whom he purchased declaratory
statement wag brought out by the evi
dence of witnesses at the hearing Friday
afternoon. The evidence also disclosed
that Yeast bought the declaratory state
ment from the veterans at $5 each and
old them to cattlemen who wanted to file
on land at fmmMiO tn $36 each.
One wltnesa who had gone up to Grant
county to see hi land testified) he met a
secret service man who began to aak him
pointed question. . He said Yeaat cau
tioned him to avoid, aa much aa possible,
being seen with him. Yeast. Letters were
also read from Yeast to one or two of
the entry men cautioning them to use. care
about talking or writing too much In de
tail about the transactions.
Rufun Hanoy, a cattlo and ranchman
from Hyannis, Grant county, testified he
had bought a declaratory statement from
Yeast for about $15.
"I understood Mr. Yeast had some de
claratorle," he testified, "and he Bald he
could get mn one. I bought It and located
It on land within my range. I furnished
the description of the land, but did not
put any Improvements on the land."
Ona Wltnesa Paid 30.
Captain Haskell, a ranch owner living
between Hyannis and Paxton, said he paid
$30 for a declaratory statement of Jacob
Brown, an old soldier, and located it on
hi range. Arthur J. Abbott of Hyannis
testified he paid $10 or $12 each for the
statements he purchased of Yeast. C. L.
Motrin, clerk of the district court at Hy
annis, Identified Yeast's signature on a
number of land filing papers. J. Frank
Garner and Mrs, Luella Bellmyer testified
to having signed power of attorney In
The evidence of the government Is prac
tically all In. There remains several rul
ings on objections by the defense to be
disposed of and by agreement of counsel
Saturday will be devoted to the argument
of a motion of the defenso to have the
court Instruct a verdict for the defense.
The Jury was excused Friday evening until
9:30 Monday morning. Most of the govern
ment witnesses were discharged Friday
evening and permitted to return to their
Ignorant of Where Land 1.
A remarkable fact brought out in the
testimony Friday morning was that many
of the old soldiers who filed for Yeast and
Sutton on land did not even know what
state the land was In and testimony
showed not one of them ever had the re
motest Idea of occupying the land. It waa
the same old story of filing for so much
per and getting the" "per.",
Judge John Rees, register of the Broken
Bow land office, was the first wltnesj
called frlday. He simply Identified cer
tain record of filings In his office, most
of which weri on the declaratory state
ment record. Mrs. Bellmyer was recalled
for a brief examination as to her knowl
edge of certain of these declaratorles that
she had solicited. The other witnesses
were David N. Kennedy, Richard A. Ship
ley, David H. Callahag and other old sol
dier of Qulncy, 111., who had made decla
ratory statements at the solicitation of
Mr. Bellmyer, Yeast and Garner, for
which they each received $3.
Railroad In South Dakota Win First
Ronnd In Their I. rani
SfOUX FALLS. S. D.. Jan. S.-(Speclal
Telegram.) As tho result of a hearing be
fore him today. Judge Carland of the
Unltod States court, in this city, on appli
cation of the varous railroads concerned,
granted a temporary Injunction preventing
the railroad commissioners from putting
Into effect a proposed schedule of new pas
senger ratea which would reduce tho pres
ent rate In South Dakota from 3 to 2 cent
per mile.
The temporary Injunction succeeds a re
straining order which was secured by the
railroads last October, Just prior to the
time the railroad commissioners sought
to put tho proposed new rate Into effect.
The temporary Injunction will remain In
force until the hearing on the main case,
when the railroads will strive to have the
temporary Injunction made permanent. The
date for this hearing ha not yet been fixed.
Judge Carland sustained demurnrs to the
action of the railroad companies In making
8. W. Clark, attorney general of South Da
kota, and William H. Stanley, secretary
of the Board of Railroad Commissioners,
defendants In the case, and therefore they
no. longer will appear In the case.
Demand Satl.OOO of Dally News for
Alleged Defamatory F.dltorlal
Concerning; Him,
Andrew M. Gallagher, deputy clerk of
the district court and a candidate for the
clerkship at the last election, started suit
in district court Friday evening against the
Pally New for $26,000 for alleged libel
contained In an editorial which appeared
In the paper November 1.
Denying Insinuations contained in the
editorial Mr. Gallagher declares In the peti
tion he was never guspected of nor guilty
of bribery or of tampering with any
Juror. The editorial appeared at the close
of the campaign In which Mr. Gallagher
was defeated for the clerkship by Robert
Seaboard Air Line Company Now in
, Charge of Men Named
by Court.
NORFOLK. Va.. Jan. 8. W. A. Garrett,
president of the Seaboard Air Line rail
way, which was yesterday placed In the
hands of receiver, ha been apixilnled
"chief executive officer for the receivers"
and a general notice wa iaued today by
th receivers, that In pursuance of th
court decree the receiver have taken pos
session of the properties, right und fran
chises of the Seaboard Air Line railway
and Its underlying, ronhtttuent or con
trolled companies.
Bombay Illacuant Mate Halard.
BOMBAY. Jan. 3.-The ra'e of discount
of Urn i-aok of lli.inliay raised from
a to I nur ten I today.
I'roareotlon Spends I, on a Time A ren
in , but Defense W ill Say
BOISE. Idaho. Jan. 3. Intense Interest
marked this, the last day of the Petttbone
trial. Before the prosecutions" argument
by James If. Hawlry was begun, Judge 1111
ton, for the defense, announced that the
defense would not argue the case, and
Judge Wood stated thnt the Jury would
be Instructed as soon aa Mr. Hawley fin
ished. Judge Wood announced that he would
refuse the request of the defense that the
Jury bo Instructed that a verdict of gullly
could not be returned on the ground of
conspiracy If tho evidence showed that
Haywood was a member of the conspiracy
and the latter'a having been found not
guilty. He granted the Instruction asked
by the slata to the effect that if the de
fendant had In his possession evidence
which was not presented the fRct could
be considered.
Attorney Hawley began his address by
referring to the sudden termination of
the case which left Parrow' opening
statement "a Jumble of broken promises."
He said Dnrrow had promised to show
that Orchard was the most monumental
liar of the age, but Instead his testimony
was uncontradicted except In regard to
the Bradley explosion and the depositions
In that Incident, he said, when fully under
stood, corroborated and explained Orchard's
"Why did they not put on the stand the
great array of witnesses brought from dis
tant states who sat in the court room day
after day?" asked Hawley. "It was be
cause they dared not to do It: they dared
not with the testimony of these witnesses
Rt the Haywood trial on record submit
them to cross-examination."
The evidence of Orchard was next taken
up. and the prosecutor said that under
ordinary circumstances such a story would
be taken with a grain of allowance, hu
tho appearance and demeanor of the wit
ness, who neither tried to shield himself
nor to add to his crimes, gave tho Im
pression that he was telling the exact
tru h.
"Orchard." he said, "was cross-examined
by ono of the country's most able
criminal lawyers, who had the testimony
of the Haywood case before him, hut the
witness was not shaken, and on two oc
casions forced his questioner to admit that
he was telling the truth when It had been
charged that he had contradicted him
self." The law In the case was discussed at
length by Hawley, espoclnlly the proof
required to establish a conspiracy. Then a
review of the corroborative evidence was
Smithsonian Professor Gor to Pacific
lalnnd, Where Sun la Cov
ered Entirely.
WASHINGTON, Jan. 8. In order to ob
serve the eclipse of the sun today, which
appears as a total eclipse In the 'Topical
Pacific ocean, C. G. Abbot, director of the
Astro-physo observatory of the Smithson
ian institute has been aont to Flint Island.
4tt miles northwea of Tahiti. The eclipse
i total between 11 and 13 o'clock today In
that longitude which correspond to bo
twern 4 and 5 o'clock Washington time.
Mr. Abbot, who with an assistant Joined a
party headed by Prof. W. W. Campbell
of Lick Observatory, California, sailed on
the cteamshlp Mariposa from San Fran
cisco to Papeete, Tahill, on November 22.
The gunboat Annapolis furnished trans
portation between Tahiti and Flint Island.
Mr. Abbot's observations comprise an ex
amination with the I.ngley bolometer of
the sun's corona, especially toward its
Inner part, to help deride what Is the most
probable cause of Its luminosity. For this
coronal light three sources have been sug
gested, viz.: The reflection of ordinary
sun light: the emission of light owing to
the high temperature of small particles
near the sun, and tjie emission of light by
luminousncss like that of tho aurora bur
eaus. It I proposed also to observe with
instruments the peculiarities of sky light
before the day of the eclipse so that even
If clouds should obscure the eclipse there
would still bo something of value brought
back from the trip.
Street Cars Move with Difficulty, Men
Hrlng Stoned for F.f
forta. MUNCIE. Ind., Jan. 3. Rioting was re
sumed here today. The street cars were
started on the regular schedule at 7 o'clock
and were molested for several hours. A
crowd attacked two cars In the outskirts
of the city shortly after 10 o'clock hurling
stones and other missies and after driving
off the crowd, completely wrecked the rars.
Squads of police were hurried to the placo
and over fifty arrests were made. The Jail
la nearly filled with rioters and orders
were repeated to arrest every member of a
street gathering that contained more than
three persons.,- Two of today's rioters were
badly hurt, one of them being cut In the
throat witli a knife, but not fatally hurt.
Several other outbreaks occurred about
noon. Police squads in automobiles dashed
back and forth quelling disorders and scat
tering crowds. Several shots were fired at
the cars manned by strikebreakers but m
one was hurt. A car was wrecked on
East Main street shortly after noon and
another on Walnut street.. Traffic Man
ager Baldwin then ordered all cars with
drawn and made a demand that the troops
held at Indtanapolie be moved here at
once. Adjutant General Perry wired Gov
ernor Manly that the troops need not he
sent unless more serious trouble developed.
John W. Mueller Had Bern Under
Cure of Doctor for Srvrral
MITCHELL. 8. P., Jan. 3 (Special Tele
gram.) The body of John W. Mueller, who
came to ill death by his nwu hand at
Lane yesterday, waa brought to this city
for interment, and the funeral will be held
tomorrow morning under the auspices of
th Knights of Columbus. In the Holy
Family Catholic church.
Th supi-oaillon was that Mueller killed
himself because of financial troubles, but
a tatement from hi physician, Pr. George
Burleigh, give the cause a different foun
dation. Tiie physician stated today that
for the pat five or six week Muuller has
been In a highly nervous and delirious con
dition and that he had treated l.lm for
Insomnia "and nervoua disorders. He ex
pressed it aa Ilia belief that Mueller waa
wholly Irresponsible for the act he com
mitted. Mueller carried ti.uf" life insur
ance In the Knights of Columbia und the
Home Guardians.
Congressmen and Senators Oppose tht
Consolidation of Land Offices.
Delegations to Unite in Effort to Pre
vent Carrying- Out o? Plan.
Conference with Secretary Garfield is
Set for Monday.
Delay In Srrnrlnsi Material and Ina
bility to Hire Labor Purina t.e
Samnirr f'anae of Failure to
Have l Done on Time.
(From a Staff Correspondent.)
WASHINGTON, Jan. 6. (Special Tele
gram.) An ulliaticc of delegations in con
gress from public land states may be ex
pected In the near future to resist the
policy of tho Interior department In con
solidating public land offices.
Following the general policy of cutting
down expenses wherever possible and con
solidating tho land offices In certain dis
trict which have about completed the
business for which they were established
Secretary Garfield authorized the general
Inspection of all lnnd offices In the public
land states with a view of discontinuing
those not needed. A a reralt of thl In
spection Nebraska waa raked with a flna
tooth comb and a report filed which con
templated tho abandonment of at least
two of the lnnd districts In that state.
Broken Bow and O'Noill. In several let
ters from tho commissioner of tho general
land office to Secretary Garfield the fol.
lowing memoranda has been obtained:
That such part of the Broken Bow land
district aa lies went of tho range line be
tween ranges 25 and Hii'n we.t be trans
ferred to tho Alliance district and the re
mainder to the Uncoln district, 'i'hia would
discontinue tho Broken Bon office mid
throw out John Reese, register, und Darius
Amsberry. receiver; thnt all of the
O'Neill lnnd district is to be consolidated
with the Lincoln land district, which would
separate from tho service Brantley Ia
Stunlevant, ivgistcr, lind Fanford Parker,
Other Land Shifted.
Not content with these recommendation
another letter has gone to the secretary
recommending thai townahlita IS to 'iD
north, ranges W to CS west, should lie de
tached from the North Platte land rilatrlct
and attached to the Alliance land district
In order to bring all lands under the North
Platto reclamation project situated In Ne
braska within on land district. John V..
Evan la register and William H. C. Wood
hurst receiver of the North Ilatte land
district. v
As outlined by The Bee's "orrewpondent
yesterday the, Nebiaaka uelegutton doe
not propoao to 'submit trt ' theso changes
without the stronger! possible protest, for
they realize that notwithstanding th fe
port of the Inspector hundreds of home
steader will be affected and 1.000,000 acres
of land or more Is Involved In the project
of consolidation. Following up their de
termination to have a straight hearing be
tween Secretary Garfield and representa
tives of the lnnd department the Nebrnska
delegation has arranjred for a conference
with Secretary Garfield at 10:30 Mnnduy
More 'II in e for Bridge Comrany.
An extension of time of ninety lny
has been granted the Canton Bridge com
pany of Kansas City, Mo., In which to
complete Its contract for the building of
structures on the interstate canal. North
Platte Irrigation project. In Nebraska. The
scarcity and low efficiency of labor and
extreme difficulty In securing transporta
tion of materials rendered the prompt
erection of the structures Impossible. Tho
original contract called for tho completion
of the work December 31, 1007.
Messrs. Byal Co. of Mitchell,
Neb., have also bi-cn grunted nn extension
of time to June 1 next In which to torn plat
their contract for the erection of structure
on the Interstate caiiHl. This work would
have been completed January 1 but for thrt
unfavorable conditions above stated.
Brown tioes to Annex.
Senator Brown goes to the senate an
nex, n building ncroKs the capital plnza,
known as "Maltby." and considerably
against his will be It paid. He had hoped
to remain In hi location In the senate
terrace, but Senator Bourne, Jr., of Ore
gon succeeded to the fisheries commit
tee and In consequence Brown has to move
out of tho capltol to the annex, whro
he will have two splendjd room", light
and airy and quite a decided Improvement
over the dingy recesses of the capltol.
' Minor Matters at Capital.
F.lmer H. Wood of tho Union pacific
is In Washington.
R. E. Boyd of Rapid City, S. p., arrived
in Washington today. Upon the recom
mendation of Representative Parker of
Peadwnod, Mr. Boyd has secured an ap
pointment as a member of the United
States capltol police force.
J. H. Welso of South Omaha was the
lowest bidder today for the erection of tho
public building at Alhuquerque, N. M., at
Rural route No. 2 has been ordered es
tablished March 2 at Wolbach, Greeley
county, Nebraska, serving 850 people and
95 families.
Iowa postmaster appointed: Dillon,
Marshall county, Hvend H. Hag r, vice
M. L. Rhlnehardt, resigned: Navun,
Winneshiek county, Charles Lawien-e,
vice Hugh Lawrence, resigned.
The First National bank of Adcl, la.,
haa been authorized to begin business
with $50,000 capital. J. W. Russell Is
president; D. A. Blanchard, vice presi
dent, and William Roberts, iashl r.
'Ibis la Purpose of Workera In Thla
Branch Now fonvenlaif
In Boston.
BOSTON, Jan. 3. Consideration of tin
plan of uniform Sunday school lessons was
resumed today by representatives of the
International Sunday school lesson commit
tee, the Sunday School Educational ass i
clation, the publishers of Sunday school
periodicals and the International executive
committee. The question I on reta'nlng the
plan Instituted In IW or ubMltuiing for
il a svslein adapted to graded Sund.iv
school wi ik. Whatever action 1 adopted
I by the conference will be reported to ili,
j next iniivtiitlon of the I nlei iiulloiia I S in
( d .y School association, which will Le htld
in Louisville. Ky., next summer.