Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 01, 1908, Image 1

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    The Omaha Daily Bee
vol xxxvn-No. irr,. . omaua. Saturday morning, fkuruary i. ims-twelve pages. "Tingle two ckvrJ
r;l Coramsuced Co.s,dera:ju cf
Case at 11 ;40 A. V A
ckargi: or JUDGE
Cc;t U'R-sIU Upca Diff:rcnce
ti-cca Iuaaity tad Hatred.
rcua vz?jd:ctj are possible,
T.r:c De;rc:s cf Harder Are Ex-
I-laliiii by Jnttice.
II nt Afternoon Considering (
and West to Clnarp at O O'clock
M:rpr.::nm Rrvamrrf at
,:HI O'clock.
'ii.w Yflr.i;, Jn, 31. The Tiiw jary n th court Iiaum at C:M p. m.,
liuv'.t-.g had j:nir at the uptown
1-c.teI wh.cli ha. b-n their residence ever
.ir tie trial bogan, Th twalve man pro
rpio! ul mf t Ilia deliberation, and
coiaioi, u. tii.oe t. their deliberation an1
NEW YORK. Jan. 11. Tsday fnr thK
econd time, tha fata tif Harry K. Thaw.
.ayr of Stanford White, passed Into th
hand ot a Jury of hi pear. The twnlve
Juror, retired tt Jl:i a. m.. after listening
to a charga from Justice Victor J. Dnwllng.
who .ought to Imprea. upon t'.'rm that the
burden to prove tha aanlty of the defendant
rested upon tha preawutinn ihmugluiut
tha trial and declared that If frntii all tha
evldonca In Uta ease, tha Juror entertained
raaaanabto doubt aa to !! aanlty. tha
nefendant u enUlUnl to Ilia benefit of that
doubt. At tha same tlmo ha pointed out
tha provlslona of tho atatule which iro-vlu-s
that'll!' j only persona exnueed from
criminal responalbillly are thre who mat
tr from a. dofoct of rHUMl allhnr not
to know tha natura or quHty nf ttuilr ai t
or not to know that tha m-t la wnmj.
' Soma may hold that thla la lent hard a
taat." Pommontcd tlia court I "bul It la tha
law. It la plaar, aapllnit and raoannabla.
Mark )ru that tha law aaya a 'daioot of
roaaon' and X must Inatruot you Uiat a
fact of re&ann la nut ui opinlun a man may
hold aa to tho juallra or oorraetnaaa at hla
own Mtg, or Ml oilfiint that tha lawa tit
tho land ro rnn, )t;roct and ravanga
ra not Inaanlty. Meat ernmca in com
mllad front Juat iiir.l. aa thaaa."
Jmwr tmUmm Alt K.aklktta.
Vlra. WlUlain Ti'h, nar aon. Joatah,
kd ha daughter, Jklra. tlraorga 1 Carnegla,
and Rvaly-i Noablt Thaw, waca In tha court
room whlla JuMlra Duwtlna; read hia
marge, from the moment the firat word
cam from the bench until the Jury had
filed out to begin Ha dellbemUona, the
oourt rnm dcra were looked and no one
waa aJUrwed t eooa in or out.
Aa the Juy waa about to Wave the ba.
Jawlea T- n'! Vfb4 U CVy daevetl' any
of tha aahiUte In Ilia eaao, Voreanu Qmn
tnola ropltod tha4 the Jury would like to
hive them fill. Thaw waa compelled to
eland ajid Bad hla formal aaoanl lo thla
aoUon. t
Tha defendant llataned intently to the
judge') oharga, tha reatdlng of whlnh oe
cuplad Juat forty mlnutaa, Tha foot that
tha jury dealrod to eiamlna the exhibit
waa Ukan to Inrllcata that they will bo
ome time at thatr dallbarattona,
Whlla on tha guhjeet of reaaonable doubt
Juatloe Dewllng aaid tha doctrine applied
a well to tho grade of erlma aa wall aa to
tho quoetton of tnnooenoe or roaponatblUiy,
like reapenitbUlt? or lrreaponalblUty.
Knnwladg of tho nature or quality of a
defendant'! tuition Included the laeue aa to
whether or not ha knew he waa firing a
loaded pletol. The defendant had a right
to aspect tha benefit of the doubt aa to
tr.!e aa wall aa to aider material leauca.
Varlaaa Dt(nH af Crlaae.
Tha, trace of Itiaantty in collateral
branchca of the priaoner'a family, Jtiatloe
fowling aaid, had a, prnper plaoa in the
tat4monr and waa worthy of oonelderalien. Unwllng deftnad the vartoua de
gr nf m iMcr and manalaughter renng
nlaad unaor h law and then added that
tile Jury In ha dollheratlona waa not bound
bf the term a af tha Indletmeni,
If your rdlc ahould be not guilty,"
he aaid, "under the apecirtttaiton of the de
fendants plea ae to Inaanlty, ynu will add
the rlBUB, 'on the ground of the defend
ant' Inaanlty at the lima of ilia ooitiml
a;nn of the acta ohaJgad In the Indlotment.'
lit gny other verdict you rendor you will
apiry tha degree,"
After tha Jury had rvtlnMl J,itlce iowl
Ing? fcnd tha eprtoelng ettrtmy congratu
late(t each other uin tlia eapwlltinn of
the trial and the manner of It rnnduoi.
Juatloe Howling aaid hia doetaiiui to throw
all eaaoinria open te the piihlio had been
Juetined by the way the ca had been
hnd!d by the preea.
Mra. William Thaw vlalted her eon fnr a
time In the priaoner'a re juat outal.le
te court rhamhar and then left the court
houae, Teung Mra. Thaw remained.
The following vi-Mlrti are pnaelhle In th
Murder In the first decree papally,
Murder In tie ars-ond decree penalty,
life Itrprtrenment. '
Manalaughter In tho firat degree penalty,
not to rtceed twenty yeara Imprisonment.
Not gulHy on the ground of Ineanlty et
the lima the crime Wee committed, proba
bly eommltiriept to Malteawan aaylum.
Mra. McDonald Mark Esrltrd
TalJ llaskaad Case Wa
CHICAOO. Jan. Sl -r.s. Ellaabeih Bel
mont, matron at t!it Il-r s-n street polico
atatten on h day, Mrs. Dora McDonald
wae arrested for the murder of Webster S.
Gjertn, testified that ihe endeavored with
out success to obtain from the prisoner her
nitre. Mr. Relmont said that the clothing
"f Mr. McDonald waa not torn, nor were
there any marks on her face Indicating
vt.itent treatment, as previous witnesses had
tcettfled. She der:ared that the- prisoner
waa In a h!gr!v nervous and recited con
dtitan. Mra. toimort drclared thit when Mike
C. McDonald, the husband of the prisoner,
appeared at the elation his wife aaid to
l. m in her hearing: , "There a no use try
it dr anything for ire. If he,da I'll
tat I killed him."
him romparative'y ur.lmnortant
.--.y the atat. announced that it had '
r.'-.n.-u ii. taie.. imrlrg the afternoon
the fl-at avidenoo of the dt.'riiH was suh-
ftatarriay, r'rhrnarr I, !.
-stiaRitoa 1908
ST: yny jtz. uta 7F?,' fpj STT
-r -r- r -r-
i 4 5 6 Z
' W 2 J
V T O r'l Ol O os-
- iO ICS U tCi
4. 2Z 23 29
VICIMTT-Snturday fHlr ami ffuitlnu.d
tln NICf'.RAS K A SmJ urda v fir with
ri'Mi-r In -t ptirtlon; IhrIi northrlv
h""FI lon'A tfnttirrUy cnidcr; hlRh nasi.
Hiiliiina to northwiKt. lnil!.
'iVmrn.ratiiro et Oniaha vi-Bterd;'y:
.... .1
. ... n
.... 21
.... "n
rrosldent Rooecvrlt send
mcssaKo to congress, In which he em
phasises the nei d of artlon on laws gov
erning the great! uns and e.spe
olully conveying more power to t'le In-
ter.tiite t'ommcroe eomfiil.'slon. Poa;a 1 i
Thuw Jury take tho rase and rrttn-s j
fur deliberation. The court's Instructions
were not especially favorable to the de
fendant. Faaja 1
Oriental hank of New York, a state In
stitution, clones, owing the clearing house
nearly $1,000,000, whl:h It was unable to
meet. Page 3
Officers of the South Dakota tdorkmen
were chosen and the convention adjourned.
rag 1
State reets In Its case asainst Mrs. Mc
Donald at Chicago. Fag 1
An explosion at the I'nlted rilates
arsennl at f'rankford Injures three men
seriously. Page 1
Hunday riding on trains not barred liy
the Sabbath association of New Jersey.
Fa? 1
J Vi.- r, . m.
i K "t h. m.
1- m. ..
ff 1 p. m.
4 V 2 p. m.
-JT 'Zr ' m-
' K P- m.
LL P- m.
T p. m.
p. m.
f 9 p. in.
Testimony In the suit of the govern- j ot won merely by the creation of new
mcnt against the Standard Oil company ' forms of government. Against every st
ahows many Instances where secret rates mpt to mako government the Instrument
were given. Fag; 1
Two moturmen In New York are given
ti rnie In prison for running trains ao
that fatal accidents reaultcd. Fag 1
Heavy fall of snow generally through
out the United States. Fag 1
Congressman Pollard gives a dinner to
the Nebraska delegation and a number of
his other friends In congress. , Fag 1
Fifth district convention called for
Hastings, March 10. Faga 3
Governor Hughes In his address to his
supporters In New York admits that he
will accept nomination for presidency if
tcmlered. but lay stress on fact that
nothing? rnou'rT he dune that would tend
to cause division In the party. Fafa 1
Battleships have been righted at Cape
Virgin about to enter the Strait of Magel
lan. Far a 1
Manila, and not Subig bay. will here
after be the naval base In the far east.
Fag 1
Standard Oil company showed to have
secured a grip on African trade. Fas' 1
Phllippine teacher, with a sister living
at Crete, Neb., murdered at Batangas,
Luzon. Page 1
General Morton, commandant of the
Department of the Missouri, says the re
port of the mobilization of troops on the
Pacific coast is all moonshine, the only
movement being the usual changes of
troops to the Philippine to take the place
of those who have been there the usual
length of time. FaT 13
Railroads seek to devise plan to stop
the waste Incident to hauling so many
empty cars. Fafa 7
Dr. Andrew J. Riley, one of the best
known of Omaha physicians, dies aa the
result of blood poisoning contracted In
treating a patient. Faga 1
Thieves make an unsuccessful attempt
to raid the Byron Reed collection of
coins In the public library. Page 4
Railroad managers show a disposition to
aid the corn show in Omaha. Faga 7
Dive st.xk markets... page
Grain marketa. Pa 9
Stocks and bonds. Pag
atovxotxa-rs or oczabt TrAMiHiPs.
Port. ArrlT. 81111.
NKW TOI1K Kroenln.i . Amwlk.
.NKW YORK . . . . Kuw Wll'n II La Taursllie.
m: tuRh...
ois-r II ...
. nceaale.
Bi'l THAU lTO!. Mjrtlo
Hamhurf .
Be-ark of Co.rt Offlcer Tkk,
Havo Affected Ike
Jarr. I
HARRISBI RG. Pa., Jan. 31. Crltlclam j
l.y a tipstaff of due of the eofa produceij
at the tral of former Auditor General
, i
onjuer. i. inner State Treasurer Malhuea.
i tur J l i. SatfulfrKon and (ormir I
ii.end.n, ..f Ground, and Building. I
btiuniaker n ay serve as a reason for coun
sel for the di t'. nse to ask for a new trial.
During the r-ccss yesterday the tlpsiaff
told several newspaper men In the hearing
of some of the Jurors that the wood ot
the sofa was not mahogany and that It i
. ii , .
was full of worniholes The tlpetaff aaid j
he was a lumberman and knew all about
wood. The Jurors became interested and
to the def.-nse. Should the defense ak!
ior a new trial iricse newspaper men will I
tie called a witnesses in an endeavor to i
show that the Juror. or biased. i
The conmuinwealih gained an Important j
lictory just before the dose of the morning
session today by the admission of thirty- i
three Sanders, n bills. Involving oavment. '
of two ti,- tnt pii.iiti.tii.n , ., I
of fX: The Introduction of these bills
will give the commonwealth the oppor
tunity t.) introduce any of tne articlea of
furalture chaigeil in the bills and not con
fine It to the introduction of articiea
rharged in the invoice upon which the In
dictments are based. It also opene the
way for the commonwealth to use these
additional articlr., records and r.:iyi hhir
tun fertaliirg to 1
raidtol. to piove the r-ri;
The defend f.,,:.,., ,.., a,m,loB j
f the bill. n took an exception to U
Laudi President Roosevelt for Vig
orous Opposition to Abases.
t omMaatlowa lei Roetralnt af Tra
Mittald Re Ma4o Imamaalttle, hat
lie Belated Aareeaeeate May
Be Permitted.
Nmv YORK. Jan. JL-In hta'addrooe bo
f"re the Rppubllraji club of the city nf
New York thla evening- Governor Hughee
made hia first statement reipectlng na
tional Issues. This waa done In response
to resolutions recently adopted committing
the cluh to the advocacy of Governor
Hughes' candidacy for the office of presi
dent of the Knltcd States.
In tlie course of his speech Governor
Hughe said:
finer I took (drice I have sought to
nirfke It elesr that I would not become
Involved in factional strife or use the
powers of office to further anr personal
Interest. I am end have bcn constantly
21 i solicitous that the administration nf the
22 ! affairs of this state shall not be embar
n raised hy collateral conMiU-rat Ions and that
2 I ' very uui'stlon sliall he prewnted and dc
2'( i elded upon Its merits, unafferted bv sim
ls j gestlon of ulterior motives. For this rea
eon I have avoided gratuitous discussion
! of questions foreign to mv offlrliil ilurv.
But. win n in Justice to those who have
y honored tn witli their confidence, and to
J th. party, which we all di-alrc should act
freely and with all Information. It becomes
a duty to spenk. I have no desire to remain
silnit. Nor should I in ny event csre to
prewrvo availaUlllty at the cxpenso of ran-
are contemplating a new administra
tion at the close of one which to a degree
almost unparnlelled has Impressed the pop
ular Imagination and won the confidence
of the people. The country Is under lasting
obligation to I "resilient Roosevelt for his
vigorous opposition to abuses and for the
strong Impulse? he has given to movements
for tneir correction. of opinion
now. as always, exist with regard to the
bent means of solving some of the ex-tr-mely
difficult problems that are pre
sented. Hut those who earnestly desire
progress and the establishment of our se
curity on Its necessary foundations of fair
dealing and recoitniilon of equal rights,
appreciate the great service he has ren
dered and the fundamental importance of
the purposes he has had in view. We
shall have In the next campnlan a notable
vantage around, aalned through 'the aen
eral admiration of his strong personality
and the popular appreciation "f the inten
sity of hie desire to promote the righteous
conduct of affairs and the welfare of his
i i.'llnwmvn.
I.onar Rattle Aaralnst Privilege.
The bottle fur free Institutions has been
a Rtriiirvln ,ul,t n.u.!..l ......... . i.
. 'u i in TK H. n. I ree people must
constantly t on the aKert. Kvery fran
chise granted by th people la a privilege
Justlfle.1 only by considerations of the pub
lic welfare urn! the conditions of Ita exer
cise should be such as to insure the per
formance of public obligation. There must
le no encroachment on the common right
ior the purpose of serving the Interests
of the few at the expense of the many.
I approve the Roosevelt extension of" the
authority of the interstate Commerce com
mission by what is known as the rate bid
and 1 believe that the commission should
have the most ample powers for purposes
of Investigation and supervision and for
niaking rules and orders which will enebla
" it tfl rldiul , .-..o ..... .. .
wnln " "i l. "
transportation in ail It. nh....
That Is juat policy, j The power of en-gre-K
to tlx ra-eo for I-ti-rtnwrranspota-t
on so as to prevent improper discrimina
tion and to compel carriage upon reason
able, terms la undoubtL-d.
ttroaarer Aatl-Trsat Law.
The Sherman anti-trust law should be
clarified and made more explicit. The law
may be made stronger and nunc effective
by b-in intuit- more definite. Sweeping
condemnations, of uncertain meaning, do
not aid. but rather embarrass, the prose
sution of those who are guilty of perniclods
practices. Combinations and pracyces In
unreasonable restraint of trade and which
menace the freedom of Intei-ytaie commerce
should be condemned In precise terms. At
the MuniF time pr.-visions may well be
made tor joint agreement-!, under proper
circumstances, as lo railroad rates, which
should be subject lo me approval of the
Interstate Commerce commission.
Various means have been suggested of
doubtiul validity and still more doubtful
mility-to prevent oppression through the
conduct of large enterprises and to secure
the enforcement or the law against illegal
attempts to monopolize and the various
dt in es resorted to in unlawful restraint of
trade. In my judgment, the more effective
course ia explicit definition of what is
wrong and adequate punishment of the
guilt. Such laws, like laws in generil
which are definite and supported bv public
sentiment, are to a very large extent self
executing. That is. they are generally
Against 'le for Corporation.
I am not in favor of punishment in tl.t
shape of fines upon corporaitcns. except
ror minor offenses. The burden of fines upon such corporations is either
transferred to the puiiiic or is borne by
stock!. old. rs. the Innocent us well as the
guilty. Nor am I impressed bv the argu
ment that AmericMii lurl... -,n .
be indisposed to convict where the evidence !
is clear because the crime Is pun'Hlid bv I
imprisonment ot the offenders. But if the I
law Ih? definite and the evidence warrants'
the presentation of the rase to the Jury It i
Is bi tter, in my Judgment, that the' 're- j
siHirsihlhty for failure to convict should lie I
witn tn Jury than that the conviction!
should In followed by penaliies which are I
elthi r inodeiiuutc or bear uniustlv upon
those who have had no complicity in the
I do not believe in arbitrary action. We
desire prosierity We are anxious that I
there should he fair o.ii't unities for all '
the work-is of the land, for the extension j
or industry and coniinerce. and that there
should he the wlilest diffusion of blessing I
uiuong a contented people. j
To attain these ends Ihe rule nf the people
I!!"-! ,M: . r"l: ".reason and very effort
u.iniinairu ny the seese of Justice
Vie must be patlinu iinpartial and liior-
sole motive must he to k the truth and
- ,il? I'iKlu.
Plea for I ailed Party.
Fellow republicans: I do not come b. fore
?'' "y spnlt of i-;vaiiV or aelt'-s.vkiiig!
,J hrL "''eh'i'r '.', rJTblicHns who by virtue
tueir character ai"l distiiiKiiis ed
ices aM worthy of llie higlnst honor the
Prty an k,muw. I ank no favor und I
We must not'ih. i.i
. ,i:c MUVII Ul
the next campaign. It will be a hard fought
haule. We exn.ct vi. torv ni...
are united and nothing should be done, to !
ii"fnl au.-cejs in this stale. I appeal to
. , -o party to which
y'',", ?r" "" ,",ya.1 to forKt every personal
i.itference and to make the work whl, I.
precede the convention ffttlnS preTmr.
tlon for ti..- united effort which will b
sabic Bay round .Vol Capable of
Defense from Hear aad tkaaae
la Ordered.
AHIilNGTi JN, Jan. 31. -MaiiKa an 1 nut
'd l"iy will 1 the uliimaie nuvnl lne
j or' Amrrka h: ti e fur ii.-l. aucord!n7 in n
i'h'Iju n-miird by tu Joint board lKar.
This i!o!oj.n :?:urt b ra'IfloU Uy the piu.
vr - t to teo.-.a- fn'ivi It !:. lj....i
dv.-.unatli r Ij'i'i ra'fRctlr t f Cir
ua:' t' .. - '.'; ti it "s d- JtliJlHl Ii
t1 . ! .1 .' ' . - 1 j-.ic a l' sruc'.K. u:: I
I -.'bur. bub a Lay l-i s': at .--jetiea !ly lti'Hjea1
of defense v.f laud attack. So while
b Hi Sub's Lay and Manila wUS tontiuni-
'l!' the rtresnr t.i 1 f..nifi.l k , . . . u .
, eoJ
n-val .r -I .
. ... -. " . in iian ti
tint board ere upiH-uvet1
Battleship) aaae1rew la F:xeeeted
nratrh Paula Areaea la Few
HfNTA ARtiNAf. Wrait of Mag-Han.
Jan. 31. ti es p. m. An American transport
entered tho bay of Punta Arenas at S.fW
p. m. The battleship fleet ts expected to
reach here tonight.
IM'NGENKSS POINT. Chile. Jan. 31. 2
p. m. Seventeen leesrls of the American
fleet doubled the point at I: p. m. and
entered the Strait of Magellan.
WASHINGTON. ,Ja"i. r -The reported
presence of two Japam rbscrvers has
attracted the attention . ..aval officers
here. There Is no Intent on. however, to at-
i tribute any Improper purpose to tho Jan
anese in this case, because, a.-cird1ng to
this office, they are doing- only what every
other naval puwer has done In seeking to
acquire technical Information regarding
tho manner in wlrlcli the American fleet
has withstood the strain of Its trip.
iRear Admiral Evana' fleet now enters
upon one of the most difficult parts of Its
trip to the Pacific, the navigation of the
eastern part of the Strait of Magellan.
With favorable weather the fleet should
complete this passnare and arrive at Punla
Arenas In about twelve hours. The first
hundred miles of the strait are compar
atively uninteresting. The land on either
aide la kw and cowered with grasa. with
scarcely a tree to be --n to Cape Negro.
Through this section (the depth of the
water rarely exceeda 2it fe-t. there are
many banks and shoals and the tidal
streams are rapid, the tide rising from
thirty-six to forty-four feet. An anchor
age may bo obtained In almost any part
of the eastern end nf llie strait except In
tho narrows. At Cais- Negro trees are
seen and the land gradually becomes
higher. "The forests gfow denser and the
mountains are higher the middle of the
strait is approached. In approaching the
Strait of Magellan from the eastward Cape
Virgins Is usually the Tirst land seen. It
Is a white cliff, I3G rent high, on which
there Is a lighthouse and several dwell
ings. In clear weather the rape Is visible
from a distance of twenty to twenty-five
miles. f
When Punta Arena i has. lieen reached
and the ships of Rear A lmlral E vans'
fleet anchor off the port the officers and
men will have the best lime of the year In
which to see the town bin) country there
abouts. Tho warmest leather at Punta
Arenas occurs In December. January and
February, when the mean temperature ts
about H degrees and the days are long.
Revolatloaista Have Pmsesslee of
Tow a and Appeal Has Been
Made for Troos.
ODESSA. Jan. 31. A dispatch has been
received here from Julfa, on the Russo
Persian frontier. Kay'ng'that the situation
at Tabrm la extremely critical. The revolu
tionartea are in possession of the town and
their numbers are cyniantly Increasing.
Bands of insurgents march through th
atrei-ta of Tabriz, looting and terrorizing
tho people. The govern w nt lias no control
of the situation. . The Furopean residents
ftavo barricaded thenuwivea in their house
and have appealetl to Kaaajan consul
ror cnatuR KS.. i ne -vicuna..- the Ckueaaus
has ordered Russian troops at Julfa to be
In readiness for any emergency.
Oil f ompaay ecrc. Trading; later,
enta .( -hell Transnort aad
Trading Company.
LONDON. Jan. 31. The correspondent of
the Dally Mail at Durban announces In a
dispatch that the Standard till company
has acquired the South African trading in
terests of the Shell Transport and Trad-
ing company, iinnteu. thus establishing a
III1MMIJ.HH 111 OUUlll rlrlLU
Five Million Dollars Plaeed lo
Credit of oun,t aad t iiunlria
BCDAPKST. Jan, 31. -A credit of JO.KIO
was areceived today from New York by the
Hungarian Discount and Kxchange bank
for the account of t lie Count and oCuntess
Laalo Scechenyi. Count I.aslo Scechenyi
waa mrrieti In New York January 27 to
Gladys, daughter of Mis. Cornelius Van
derbilt. rniLlrPINt TEACHER KILLED !
aa E. Ilaka. Use af First A p
BMtlated. Mardereil In Bataaaraa
Helatlvea at Crete.
WASHINGTON. Jan. Jl. Anna E. Haha
one of the first American school teachers
to go to tho Philippines, was murdered at
Batangas. island of Luzon. January 2. I
according to a dispatch received at t lie
Bureau of Insular Affairs today. No de
tail, are given. The telegram contulned
a request that Mrs. Jackson of Crete, Neb.,
communicate with the family and arrange
for the disposition of t lie body, which has
been embalmed. Miss llahn was a native
of Indiana and was appointed to her posi
tion as teacher from that state on July 15,
CRETE. Neb.. Jan. 31. -Mrs. A. Jackson
tills afternoon received word uf the murder
of her sister. Anna K. Hahn. a teacher In
Luzon. The latter lived In tills city for
twenty years .ml was an enthusiastic
church worker. Miss Hahn was 45 years
of ge and was the author of a number of
short stories.
Jersey state Sabhalk mHurim.
lion Balks at One Klad of
TRENTON. N. J.. Jan. .".I.-The New
Jersey Slate Saiibath. association. an
organization haviiij; f..r its object the
extension of the Sunday ot.sei vauce law.
was formed h. re yesterday. tine of the
first re.olutlons Intnal jcnl at the meeting
provides that no pa.itor in ihe slate should
receive into h,s pulpit anv minister or
speaker who had I ra velled In a public
conveyance on Sunday. The resolution
caused considerable discussion and wa
finally vole, down nn t:ic ground that It
would cause too much Inconvenience.
tknlrman -f I ailed State- I ornora-
NEW Jan. CI An -r:,t n(. tj
ma'ntaiit d r itfrl nas ra.hed at lh
cor.ff re-nee c s.tul mamjfacu'jrr r rt th:.
ilty last nlgt. acrordinj to a statement
Usued today by Jud.e E. K. Gary, chair
man af the United Stale steel corpora
Promineat Western Practitioner Dies
of Blood Poisonin-r.
Klk aad Kaiabts af Col a aba Ar
raaae Paarral aad Servleee Will
Be Held Bandar at Catk
II Ckarrk.
Dr. Andrew W. Riley, one of the most
prominent practitioners In the weet, died
Frldsy morning at S S5 at hla residence at
Sixteenth and Jackson street from heart
trouble, caused hy erysipelas and blood
A week ago he treated a patient for his
partner. Dr. Fitzgerald, and It la thought
he must have caught the disease from that
source. The patient, however, since re
covered. Last Saturday blond poisoning developed
and Monday It was found lie haul erysipelas.
Ha took to his bed. where he was attended
by several physicians. He gradually grew
worse until Friday morning.
With him at tho time of hia death waa
one relatl'1. George Riley, son of a brother
of Dr. Riley; Patrick Riley of New Helena.
Neb., who Is attending Creighton Medical
college; Drs. Fitzgerald and Dwyer, J. A. C.
Kennedy, Frank Furay, Dan Butler, city
clerk, and two aistera of charity.
His other relatives are John B. Riley,
Mat hew C. Riley and Alice Riley, brothers
and sister, of riattsburg. N, Y., and J. E.
Riley, a contractor of Seattle, who for
merly lived In Omaha.
Dr. Riley was trustee of the IJlks. of
which he waa ono of the most prominent
members and was a leader In the Knights
of Columbu. These two Institutions will
civoperate In handling the funeral arrange
ments. The brsly wa taken to an under
taking establishment and Sunday morning
will He in stale In the Knights of Colum
bus rooms. It will then be taken to St.
Mary Magdeleno church at Nineteenth and
Dodge streets, where the funeral service
will be held. The body will then be taken
cast for burial.
Bora aad Reared la New York.
Dr. Riley waa born at Morrisonville,
N. Y., and reared In Plattsburg. He was
graduated from the University of New
York in 10 and practiced for seven years
at Osego Forks, near Clintonville, N. Y. He
came to Omaha In December. 1SSS, and had
lived here ever since.
He was head physician for St. Joseph's
hospital, for tho Good Shepherd home, fur
tne Orphanage at Benson, for ML St.
Mary's seminary and was on the staff of
Creighton Medical college and lecturer on
the "Practice of Medicine." He waa the
first man named In the list of physicians
and surgeons to constitute the staff of
tho John A. Creighton Medical college when
it was founded May 30. 1V2. Ho waa the
peraonai physician for Count Creighton and
for W. A. Paxton.
A man of gen. oas impulses Dr. PJIcy
had frlenda without number and many
have been helped by his numerous char
itable gifts. He waa a man who work.-d
all the time to relievo the suffering ef tho
poor. In aplte of hia generosity In giving
at all ttmea Dr. Rtley haa amaased a com
fuTtahk Itirruue. kla ertata hcinr-'VaIucd
at JTo.O"). nearly all In casit or convertible
securities. He recently made, his will.
I'nmarrled. the disposition of hia wealth la
not publicly known. -
Co-F'onnder Medical nrlrtr
j Dr. Rlloy waa one of the founders of the
Omaha Medical society at tho Paxton hotel
I March 18, 1SW. Thla society came into ex-
I (..!... . , , - - U . . . I . . U .1 , .. .. . . .
...... wit.-, uvin me oniaiis JUt-uicai C1U0
and tho Omaha Academy of Medicine col
lapsed after short lives. The purpose of
the Omaha Medical society won to Include
all practitioners In the city who deserved
to tie recognized as regular and reputable.
Sixty-five physicians attended the organ-
ixation meeting. i
Both the Knights of Columbus and the j
Elks had meetings scheduled for this even-
ing. The Knights of Columbus were to
hold a card party, but that has been called j
off and the Elks were to have held a ,
ritual meeting. They will meet and pass!
ZnZZ'un f Dr" R!,ey 'nd
then adjourn.
The local lodge of Elka haa appointed a
committee consisting of Robert Cowell. Dr.
J. C. Whinnery and Herbert Broadwell to
co-operate with a similar committee from
tke Knights of Columbus to arrange the
funeral aervices.
The committee of the Knights of Colum-
J A. C. Kennedy. T. J. Swift. J. E. O Hern
and Frank Furay.
The pallbearers will not be selected until t
after the arrival of some of the brothers,
who have been apprised of the death bf
Dr. Riley, and who will make an effort to
reach Omaha In time for the funeral serv-
-i-s-ew-a's-'S-.,- W I IVktllV VI IVgLll
Roatk Ilnkota Association Adopts Ree-
olattona ralltaa; for Better j
'' Abroad. ,
MITCHELL. S. D.. Jan. 31. iSpccial Tele
gram.) Last evening concluded the con
vention of the South Dakota Improved Live
Stock association, when the following offi
cer, were elected: President, John M.
Brlen of Mitchell; vice presidents, A. S.
Hill of Alexandria. P. W . Peterson of Ver-
mlllon. J. M. Dunmire of Scotland, E. L. ;
Spurling of Brookings. T. N. Babcoc k of
Watertown; nn n tary-treasurer. James W.
Wilson of Brookings.
Strong n. lilt ion were adopted memo
rializing congress lo take Immediate ac
tion on securing reciprocal relatione with
countries fur a market for the live stock
of the northwest, which Is now being
usurped by Canada;- also demanding the
legislature to puss stringent lawa on the
inspection of breeding slock that Is brought
into the atate. The system of Inspection
bt si oik urougui to me Mitchell show waa
changed from a personal inspection of
stork on the farm to Inspecting the same
whin it ia trrought to the sale pavlillon.
. .
The eonveiition and ale was a great sue- I
Five Mea lajared, Tkree ferlaaaly,
at Fraakford la Skraaarl
PHILADELPHIA, J.n. 3:. Five men
were Injured, three of them seriously, by
the exploalou tody In ih shrapnel de
partment at the United State arsenal at
Frankford. The exploa'cn occurred In a
drill pres in a room in which twelve men
were at work. The explcaiiHi (hook ur
iiicndtns builiiinga at the arsenal, in ni,e
of whlcii 9 women were work. .They
became panic-stricken and mane a rush
for the exits. All got out of the building
without any of them being hurt, aithotsri
a doaen of tne women became hysterical. I
j fhe pecun,ry uamaie waa alight. 1
PGLLARD dines congressmen
ehr-tska nelr-tatlnn a Well a a
answer frm lher etatee la
From a Staff isVrreMiondrnt.t
WASHINGTON. Jn. Ul.-cSnertal Tele-
; ,r"m -RTresentative Pollard of the First
..-brasHa district give m dinner ton, gilt
to the Nebraska delegnt on In congress. In
eluding Senators Butkett and Brown, and
about twenty others. Amonc; the other
guests were Speaker Cannon, Represent
atives Overstreet. Mnnn, Fordnry, Smith
of Council Bluffs, Scott of Kansus. Town
send and Kills of Missouri. MrKinley of
Illinois. Daljiell. Charles II landis. David
son, Gardner, ltodenburg. tirrler. Wilson.
Dawson and Cole. Auditor Andrews of the
treasury, A. F. Woods of the plant Indus
try bureau of the agricultural flrpurtiimnt.
The correspondents of leading Nebraska
newspapers In Washington also were pres
ent. The message which President Roosevelt
sent to congress today reveals a rather
pat hot it? story and one which he touches
trpon In passing as to the liability of tho
government to the families of individuals
when killed or injured In the performance
of their duties In connection with work on
tho canal zone. He would, with this case
In mind, set an example of what private
corporations might do for men Injured,
without j negligence on their part In the
line of duty. Prc'dent Roosevelt In his
messago to congress today says: "There
Is g special bill to which I call your attene
tion. Secretary Taft has urgently recom
mended the Immediate passage of a law
providing for compensation to employes of
the government Injured In the work of the
Isthmian canal, and that fltni.OiM be appro
priated for this purpose each year. 1
earnestly hope this will le done, and that
a special bill be passed coverPhg the case
of Yardmaster Danton. who was Injured
nearly two y.urs ago while doing his duty.
He Is now helpless to support bis wife and
his three little Nil s."
The mnn referred to in this particular
paragraph of the president's message Is
P. B. Danton of Waterloo, la. He was
5'ardmastcr of the Panama railroad and
while working on that railroad he was
crushed between the cars and Is now a
hopeless Invalid. Congressman Blrdsall be
come Interested In the case of Danton and
has introduced a bill to appropriate S24.tM
for Danton's relief. Senator Allison has
charge of ihe matter in the senate.
Senator Brown this morning railed unpn
the president with former Lieutenant Gov
ernor Mi-Gilton of Omaha. The senator
had with him also his two daughters. Sen
ator Brown explained after the Interview
that It was mcn ly a social call and neither
the postmaslership at Omaha nor the mucu
vexed problem of a successor to Elmer
Stephenson was touched upon.
1'pon the recommendation nf Colonel
farker of Deadwood. S. P. Malone was to
day nominated to ho postmaster at Huron
8. D.
Postmasters Appointed South Dakota,
Marlow. Marshall county, Carl N. Fosmark,
vice M. V. Dickinson, removed. AVyoming.
P"lnedalo. Fremont comity. F.dna P. Weils,
vii-e C. W. Brandon, resigned.
Maay Sections mt
Visited ky tarM.
v-a trliui
tailed Mate
-Deep Mastw i
LINCOLN'. Jan. 31. High wind blowing
snow and falling temperature were condi
tions which prevailed tonight all over
southeastern and central Nebraska. The
snow, which fell heavily but gently from
arly morning until nearly noon, began
to drift with the rising wind and blizzard
conditions prevailed at nightfall. Steam
trains were slightly delayed and street car
service hindered. Aside from the hardship
it will cause among the poor and Buffering
by stock the snow is welcomed.
NEW RICHMOND. Wis.. Jan. 31. The
heaviest snowfall of the season o, ,-nrr. .1
,lere tQdav
ST. PACL, Jan. 31.-Snow. which began
falling during the night, has covered the
ground to the depth of several inches
CHICAGO. Jan. 31.-A heavy snowstorm
Set In here thla afternoon,
FAIRBCRY. Neb.. Jan. ,'n -(Sneclat i
i tTl""!'e:" :"UW
last nii?ht but as r i nn n. i.
. , " . " - '" " "-"
no, drifted to any extent. The weather la
Htinilv With nrrtBrwot a-v f n.n. -
- .... ui. . j. . . i.i f 4
and one-half Inches of snow fell here last
ARLINGTON. Neb., Jan. 31. (Special
Snow Is falling here, having commenced
Thursday evening and the storm is alill In
progress. The farmers who have winter
wheat are jubilant over the altuation.
YORK, Neb.. Jan. 31. i Special.) About
six Inches of snow on the level fell last
evening and ia a blanket covering the
large acreage of winter wheat that so far
haa passed through the winter in good
erudition, but was commencing to need
moisture, and nothing better than a nice,
even blanket of snow at this time, could
have been asked Farmers are relnirina:
ovef the snow and many predict another
bumper crop for York county.
SlOl'X CITY, Jan. 31 With the tern
rs-rature at 5 above zero and a north wind
blowing at the rate of thirty miles an
hour the first bad storm of the winter
prevail here tonight. About half an inch
of snow fell thla morning.
LINWOOD, Neb.i Jan. 31. (Special. It
snowed about four Inches litre last even-
ing and is still snuwing. with no wind,
The snow will be tine for winter wheat.
Over Tkua-and Birds an Ks hi kit ion
aad Maay nf Tkeua Score
MITCHELL. S. D , Jan. 31. -(Special Tel
egram.) Thla evening the ninth annual
show of tho South Dukoia Poultry as
sociation came to a close after a auccessful
exhibition of five das in the city hall aud
itoii'ir.i. There were over bird, on ex
hibition and in the scoring many of the
birds went past the 9o mark. H. P. Larson
While Plymouth Rock lien scored the
Inghest of any bird in the show at SS
points. Over 3i Barred Plymouth Rock
were, on exhibition, and is the largest as
semblage of birds of Dial das ever at the
The following officer, were elected: Pres
ident, W. S. Snyder of Ethan; vice presi
dent. K. T Los. y of Huron; secretary,
William Si oil of Mitchell; treasurer, W. H
West of Mitchell; executive committee, j.
M Crow of Milch.ll. A. J Keith of Sioux
Falls. E. P. Rohr.r of Spearflsh. William
Drab of Yankton, II. 8. Sutton of ''laik.
I. M. Ashjeld of Aleesirr.
Mitchell, was selected as tlie place to hold
the ccuve.ita.ii m u3
Mare Maaer (or Mr took.
M'fOOK. Neb. Jan 31 4 Special.) -At,,
drew Carnegie has granted the M.Cook
public library an additional H.ino. 'o, i,
will euuin the libra, v bnilrl.n t,!iv .,.
educational work in Una community.
President Roosevelt Sends Special
Message to Lawmakers.
Acts Bearing: on Control of Great Cor
porations Need Attention.
Employers' Liability and Injunctions
Are Fully Discussed.
Cklef Raeeatlve Reiterate Dlskaaeet
Baalaea Mea Mast Be Carbed,
JSa Matter How Pnwerfnl
Tkey Mar Be.
WASHINGTON. Jan. 31. The special
message of the president to enngrcs. on the
subject of it. e employes' liability act. in
junctions In labor cases and power of the
Interstate Commerce commission, waa pre
sented in the senate a few minutes aCt.-r
12 o'clock today.
The vice president handed it to the "as
sistant secretary cf the senate, who Im
mediately began t leail'ng. Printed
copies of the message were distributed ti
the senators present. Muny of them sp
peared to satisfy llicmee! vea concerning
the nature of the message by m anning the
printed document, so that before Its read
ing waa first half finished they very gen
erally took other matters and only fol
lowed the reading caiefully until it con
clusion. When the striking passages wore rr ached
many of the senators looked around the
chamber and exchanged smiles. Mr.. Till
man seemed especially pleased with the
The reading of the message in 'the house
was listened lo with Intense interest by tho
memkers of whom iheie was an unusually
large number In attendance.
On the conclusion of the rcudlng of the
message. Senator Davis of Arkansas
promptly moved that Rum) copies of th
message be printed as a public document.
"It is the best democratic doctrine that
I have er heard emanating from a repub
lican aouns." said Mr. Davis.
The motiuA was agreed to and without
further comment the message taa referred
to the commitUte on interstate cjinmerc.
I.aad Aawlaaa la Hoase.
Ab the reading v tho message progressed
In tha house nu.Vrous mrmlxrs wire
heard audibly to explain, "Must unusual,"
"This Is rod hot," eto. Tho president a
vlgoroua denunciation of wrongdoers was
greeted with loud applar.eos, aa was hi de
fense, of fctk-ral. Juia.s who punlnh of
fender for- violation of ;ie law.
The frequency C applaut- Increased as
the reading prowled. The'jiura nt con
versation over the messngi n "Mrd and
tho member rollowed uvara. ttoe.L " U u.
eliinaa caino wheu i w rca.iir waa ion
eluded. .
Without regard to party the member,
loudly applauded, cheered, thumped their
deska and gave other evidence of their ap
proval of tho document. After a momen
tary alienee the applause broke out again.
pvural m t-ri I .... . i
' " iii iuuuia- many aomocrata
rising from their seats and clapping- their
The niessuge then, on motion of Mr.
Payne (N. Y.i. was referred to the com
mittee, on the state of the union.
Mr. Ollle James (Ky.) produced laughter
and democratic applause when ho taunt
ingly lnqulr-d of Mr. Payne: "How mttliy
additional thousand copies do you deslr
Mr. Payne replied laughingly;
"Oh. the usual number."
Tke Meaaace la Tall.
The president saldi
The recent decision of the supreme urt
! ' -plover.- lToCZ
experience or me Interstate Commerce
commi.slon and of the Department of
i . r mivii Ul
merce and anti-irut law, and the grgvely
significant attitude toward the law and it.
administration recently adopted by certain
heads of great corporations, render it de
airabie that there ahould I additional
legislation aa regards certain of the rela
tions between labor and capital, and be
tween the grtat corporations and ike
"The euprcme court has derided the em
ployers liability law to be unconstitu
tional because Its terms apply to employ?,
engaged wholly in Intraaiaie commerce at
well oa to employe, engaged In interstate
commerce. By a substantial majotity tn
court holds thai the congress haa power
to deal with the question Insofar ad inter
atate commerce la concerned.
"At regard, the employers' liability law.
I advocate Ita Immediate re-eii.rtmeiit.
limiting lis scope su that It shall apply only
to the class of case. a. to which the court
aays it can constitutionally sppiy, bit
trengthenlng lis provision within thto
scope. Interstate rmph.ymei' . ,.. n,,,,
covered hy an adequate ' nati-jn... law. the
field of Intrastate employment will be lef;
to the action of the several state. With
thia clear of regponsib'llly t 10
states will undoubtedly give to the -r-formance
of their duty within their field
tlie consideration the important, of ihi
subject demands. ,
mpen.ation far lajarlea.
"I also very urgently advise that a com
prehensive act be passed providing f,r
compensation by the government to all em
ployes Injured In llie government
service. Cinler th present law ao
Injured workman in ihe employ,
ment of th. go e.nui-nt has no
remedy, and the entire burden of the ki -cident.
fails on the I elpless man. hla w fs
and hia yuung children. Tide la an o it
rage. It 1 u maiter of humiliation to III
nation that there should not be on j ur
statute books provision to m.ei .nd jar.
tlally to :oiie for , rui I misfortune Wheu
It colics uis. ii a man liirough no fault of
his own while faithfully ih8 ruo
1: In no other prominent Industrial lotin
try In tne world could sui b gnAs Injustice
occur, for almost all civilised nation hi
nailed letjislat ion embodying ihe ctimplet
recognition of the principle which place
th entile trade risk for industrial acci
dent. exci;ir.g, of course, accident due
to Willful miscondiat by Ihu .employe) uu
tlie industry aa represented by tlie em
ploy er, wl;r, n in i case Is the guveru
ineut. In all thco rountrtr tlie prtnclp'
Hfilf to the! ): u much a
IO the'j nul-kiyel. I'nder nu c.--cumatancea
shojild f tie InJ.ired employ ur
hi uivivi.g iicpemlentg I, rfq j Vj
tinrg ,! agalua; ti e fcuvei-nment, wr
RViuld tnct be ttiu ieil,ul t ' U