Omaha -Daily Bee
... HE
VOL. XXXVII NO. 236.
OMAHA, THURSDAY MOUSING, MAKCFI 10, 1 90S TWELVE PAGES.
SINGLE COPY TWO CENTS.
i
J
t
( 4 LABOR MEN CONFER
Union Leaden Meet in Washington
it Diicuii Legislation.
SAMUEL GOMPERS PRESIDES
Practically All National
tional Bodies Kepre
tema
COURT DECISIONS TA, r' A UP
.Recent Finding: Class Labor i-
zations With Tmsts.
. ,
WELL PROPOSE NEW LutfS
nirfii Will Be Asked to Blake
ChaiN In Anti-Trust Art
and Aeta Regulating;
Injunction.
WASHINGTON. March 18.-A conference
of far-reaching Importance to labor bo Ran
here toil ay. Participating are President
Gompe and the member of the execu
tive council of the American Federation
of Labor, together with the executive of
flcera of the International trades unions
of America, -who met pursuant to a call
Issued by Fresldent Oompers to consider
the consequences of the recent Injunction
decisions of 'the supreme court of the
United State affecting labor organizations,
with particular reference to the Danbury
Matters case. In which that court substan
tially held that labor organizations were
t3 be considered trusts as much as or
ganizations of capital.
After calling attention to the significance
of these decisions, Mr. Oompcrs stated that
tho conference was for the purpose of
"taking such action as the Importance and
merits of the subject dealt with may be
considered and determine as setting forth
the position and demands of labor." The
court's rulings, h4 points out, were bind
ing upon all labor organizations until
changed or modified by congressional
action.
To Make Laws and Derisions Aaree.
The subject of the conference, therefore,
was to consider the proposed amendments
to the Sherman anti-trust act which are
being drafted with a view not of exempting
labor organizations from their obligations
to the public, but rather to prevent any
Injustice being done through the operation
of law to organizations of laboring men,
particularly through Injunction. It Is de
sired so to frams the proposed changes
in the Sherman law as to meet the require
ments of the supremo court's decisions.
The proposed amendments are the result
of recent conferences at the White House
between President Roosovelt, and others,
and It Is hoped to secure remedial legisla
tion along these lines at this session of
congress.
President Uomrers today stated that mat
ter of Importance to every union man
would hj discussed nnd an effort made to
formulate r-hin to offset tho rulings of the
various our's rv(.-Hrl!hir ; Injunctions and
boycotts.
There are J!" nHtlnnul and International
trade unl.ina In America, and practically
all of th-rn were represented by one or
more delegates at today's meeting. The
conference, which was held behind closed
Joors, will continue several days.
ACCOUNTANTS ARE ORGANIZED
Association Will Assist In Keeping;
Competent Auditors for Busi
ness Houses.
Public accountants and auditors of Ne
braska have organised an association for
tho purpose of giving better standing tb
all members and maintaining an or ku filia
tion which will assist in Insuring against
new and Incompetent accountants and audi
tors. '
The organisation was made permanent at
a meeting held at the Her Grand hotel
Tuesday evening, which was attended by
many of the accountants of Omaha and
several from various towns In the state.
J. M. Gilchrist was elected president; A
1 Eearle. first vice president; R. F. Cwo-
boda, second vice president; I- W, Tullcys
secretary; R. B. Merrlam, treasurer. The
executive committee consists of George W
Holbrook, E. J. Robinson and E. A.
Dworak.
The preamble of the new association says
Whereas, There Is a growing demand
for tne services of public account
ants and auditors, and recognising
the Importance of public accounting
to the bustesa world, whereby public and
private Interests are bent subserved and
tafe-guardt-d, by safe and accurate accounting-
in all lines of business, both pub
tic and private, by accountants of ability,
and believing that the Interests of the pub
lic may be better served, and a higher
rtandurd attained thereby, those now en
(aged as public accountants and auditors
io heresy form themselves into a stalo as
sociation to be known as the Nebraska
Association of Public Accountants.
ST. LOUIS BREWERS STRIKE
rklrtr-ftTO Hundred Men Are
and Kcarljr All Plant Art
Idle.
Out
8T. LOUIS. March 17.-Twenty-four
rewerlea.ln fit. Louis and East St. Louis
for almost completely shut down today
by th walkout of nearly 1.5o0 union
rewers. malstert, bottlers, firemen and
' freight handlers allied with the brewing
'nterests. The employers declared tonight,
lowavar, that there is no possibility of a
tree famine and that the strike would soon
v at tndrd. ,
WNioth the employers and union men ar
iuoklng forward to the mcetiuc called for
tomorrow morning by Ford A. Allen, ckalr
aian of tha state board of mediation and
rblt ration.
Little trouble was experienced In filling
rders and no molesting of men on beer
vagons or freight cars was reported.
Attorney Taylor J. Voung. employed by
tne of th faction of the Beer Drivers'
inlon over th dismissal of which th trou
1 started resulting In th general strike,
announced tonight that tomorrow suit for
tl.100.000 damages will he filed In th cir
cuit court tomorrow against the breweries.
Th suit Is for alleged breach of contract,
and the -damages aked, represent the
wages which would be paid to the men
dismissed from March IS, th date of their
dismissal, to April, 1910, when the contract
between th Beer Drivers and breweries
ucplr.
Now York Hallroaa Arctdtnts.
NEW TORK, March lS.-The repert of the
public service comnii.on shows lliat dur
ing February there were I railroad ac
cidents In New York In which M persons
tr killed.. Of th t 157 persons injured
in tnse accidents, l.mt were aaeiiKera.
During January tha injured Wir X.auu and
killed numbered
SUMMARY OF THE BEE
Thirxlar, Marrh 10, 1008.
1903 -JLuzcir 1903
STY. MM HZ, H?a 7ZLr OT
2 3 4 5 6 Z
8 9 10 11 12 13 14
J 16 1Z 18 19 20 21
22 23 2125 26 2Z 28
29 30 31
Ill WBATKXm.
FOR OMAHA. COUNCIL BLUFFS AND
VH'INITY-Prnbnbly et.ow flurries Thurs
day; slightly colder.
FOR NEBRASKA Rain or snow Thurs
day. FOR IOWA Probably snow Thursday;
sllchtly colder.
Temperature at Omaha yesterday:
Hour.
Deg.
...83
6 a.
6 a.
7 a.
m..
rn..
m..
8 a. m.
a a. in.
10 a. m.
11 a. m.
12 m
1 p. m.
2 p. m.
3 p. m.
4 p. m.
6 p. m.
6 p. m.
7 p. m.
8 p. m.
p. m.
DOMESTIC.
Judge Wood sentences Harry Orchard
to death for the confessed muroer i
Governor Steunenberg. but recomn.en.m
that the sentence be commuted. " ag
Labor leaders hold conference in
ngton to discuss needed changes to the
Bherman anti-trust law.
it nr.. difficult work to secure a juiy
to try General Home onVtho charge of
shooting H. J. Groves of Kansas City.
Six thousand dollar shortage found In
tflc-o at St. Louis. Fag" 1
President Fdrgan of tne r irsi
bank of Chicago says Senator La Follette
Is a traitor to the Interest of tho people.
rags
St. Louts union men bring suit for
$1,100,000 damages against me oiceiH
for violation of contract. , Fatfe 1
Ir.deperdent oil men say In hearing me
date of their freedom In business mctn
ods was when President Roosevelt took
hold of the quest on his "own nooK.
minors Central directors vote to In
crease the stock thirty per cent Tf 1
Miners at tha Indianapolis convention
vote to hold convention at muiii"i
and decide on settling wago trouble by
districts. 1
roBEia.
General Smirnoff la seriously wounded
In an officially sanctioned auei wmi
General Fock at St. Petersburg. g i
Quiet once more reigns In Hayti.
' Fags 1
FOUTXOAi.
Oklahoma populists are nearly all ex
tinct, almoBt none appearing to attend the
state convention. Page 1
Republicans of Iowa endorse Allison,
and Taft.
New Jersey legislature invitee Secretary
Taft to speak before them. Fage 1
Joseph McKlbben will head the repuo-
Ucan city ticket in St. Paul. Fag 1
Former Senator Allen announces no
will not attend populist national con
vention, but will take the stump for
Bryan. 3
JFIBXA8XA,
Nebraska Association of Commercial
clubs in session at Grand Island with a
good attendance. Fag 3
Railway commission orders grain doors
supplied by the railroads, with grain cars.
Governor Sheldon going lo Washington
to try and have live stock quarantine
modified. Faga 3
X.OCAJU.
County Judge Leslie announces he will
prosecute young lovers who secure licenses
to wed by misstating their ages. Fage 6
Real Estate exchange will subscribe
$1,500 for the corn show and $1,000 for
completion pf the Auditorium. Pag 12
Special examiner of the Interstate
Commerce commission will take testimony
in Omaha In recomilgnment fight. Pag 7
Auditorium la being decorated In purple
and white for the big Automobile show
which opens Thursday morning. Pag 7
Horticultural experts declare hills of
Pottawattamie will soon be covered with
grapevines rivaling the vineyards of
France. Pag S
French car In New York-Paris race
breaks donw again near Carroll, la., and
owner ships it by freight to coast. Pag 3
! OPOBT.
Cornhusker fans are now regretting that
the university has joined tha Missouri
Valley conference whose strict rules will
ruin the base ball team this year. Pag 11
OOMMEBCXAX AJTO XirSUSTBXaXh
Live stock markets. Pag 9
Grain markets. Pag
Stocks and bonds. Pag t
HOTEuXnTS OP OCEAJT STEAXSHIFg.
rort. Arrlvtd. Ballad.
NKW YOKK Vadrrland K. V. Cccali.
NEW YORK kr. Pr. Wllhjlm. Madonna.
NKW YOKK Pirtiila
LIVERPOOL Carmanta.
BOl' LOONS Patricia.
MAIIKKIA RfBUblle
TKIKSTB Alloa
ANTWERP Kroonland
OKLAHOMA POPULISTS EXTINCT
Call for State Convention Brli
Almost No One to Meeting;
at GuthrU.
GUTHRIE. Okl., March 18,-Only a few
delegates of the populist party were on
hand here today In response to Chairman
Jacobs' call for a state convention to select
detonates to the national convention at St.
Louis. Tha party In Oklahoma has almost
ceased to exist, there being no county or
ganizations In many of the counties, while
many who believe In the tenets of the
party question the validity of the call.
Delegates will be selected and a platform
of principles adopted at this afternoon and
evening sessions.
PRIMARIES IN ST. PAUL
Hepntillcana Nominate Joseph M c
Klubln anal Democrats Daniel
Lanlir.
ST. PAUL. March 18. Incomplete and un
official returns on the St. Paul city pri
maries up to 1 o'clock this (Wednesday)
morning indicate th nomination of Joseph
UcKibbin as the republican candidate for
mayor and of Duulal Lawler as the demo
cratic candldata
New Uerellrt Destroyer. '
NEWI-OHT NEWS, March IK. The
United hlales Hteel dereleet destroyer
Seiietu iii successfully launched at Hid
Newport News Shipbuilding and Drydock
company yards today. atlas Kdllh Hep
burn, cianddaughter of Cong reaaiaan Hep
burn of Iowa, chriatened the vessel and a
large party of eoiiKreaauien attended the
launching. Th Seneca Is th first craft
t Ra type ever constructed.
5S?
m
FINISHING UP RUSSIAN WAR
General Fock Seriously Wounds Gen
eral Smirnoff in Duel. ,
MEETING HAS OFTICIAL CONSENT
Rational Authority on Dueling Gives
Word to Fire Cause Gram
Out of Port Artbnr'a
Slene.
I
8T. PETERSBURG, March 18.-IJeuten-ant
Oeneral Smirnoff was probably fatally
wounded In a duel fought here this morn
ing with Lieutenant General Fock.
The men met In the riding school of the
Chevalier Guard regiment and fought with
pistols, standing close to each other when
the shots were exchanged.
The duel was caused by tho memoran
dum written by General Smirnoff on the
siege of Port Arthur, In which he ques
tioned the eournge of Oeneral Fock. The
latter considered that his honor and repu
tation were involved and challenged the
author of tho memorandum.
The riding school was rlaced at the dis
posal of the combatants by the commander
of the regiment, nnd the duel occurred
with the full knowledge and approbation
of the military authorities. It was wit
nessed by several officers of high rank,
and It is even reported that several women
were present.
Shortly before 10 o'clock Generals Fock
and Smirnoff appeared n.t the school.
Without saluting, they took the places as
signed hy their seconds. For General
Smirnoff the seconds were his brother-in-law,
Vladimir M. Purlshkevlch, a member
of tho Puma, and Captain Schultze of the
navy, whllo for Oeneral Fock Captain Sido,
adjutant to General Stoessel, and Lieuten
ant Podgursky, one of tho Port Arthur
heroes, officiated. The distance between
tho two combatants was twenty paces, and
the duellxts were Instructed to open fire
at tho word of command and continue until
one or the other wss killed.
General Smirnoff Wonnded.
At General Fock's fourth shot General
Smirnoff groaned and sank forwnrd. He
had been wounded In the abdomen above
the right hip. Ho was carried In a litter
to the military hospital, where doctors this
afternoon employed Roetgen rays to locate
the bullet.
The word "fire" was gl-en each time by
General Klreieff, the Russian authority on
duelling. At the second exchange General
Fock's coat was perforated. At the third
exchange General Smirnoff accidentally
fired prematurely, but General Fock mag
nanimously declined to shoot at a defense
less opponent, and the fourth and final
shots were then exchanged.
This duel 'will be followed by another
between General Fock and General Gor
batoffsky, the commander of the western
front at Port Arthur, who was severely
criticised by General Fock during the
court-martial proceedings. Guperal Gor-
batoffaky sent seconds some time ago to
General Fock. but he failed to secure per
mission to fight a duel.
Cause of Union titer.
General Smirnoff was acting command
ant of the Port Arthur fortress during the
siege and at tho time of its surrender to
the Japanese. After his return to Russia
he prepared a secret report of the defense
of Port Arthur, which wa the basis of the
Indictments on which Lieutenant General
Stoessel. Lieutenant General Fock and
Major General Relss were tried for their
lives before the Biipreme court-martial.
General Stoessel was accused pf cowardice
and Incapacity, and General Fock, accord
ing to the Indictment, displayed thorough
Incapacity and want of Judgment.
The outcome of the trial was the sen
tencing to death of General Stoessel, which
finding was later commuted to ten years
Imnrlsonment. while General Fock was
ordered to be reprimanded for a dlsclplin
ary offenBe. .
General Smirnoff was also on trial be
fore the court-martial, charged with hav
ing failed to remove General Fock from
his command, although he succeeded In
reach Ins- an agreement between Generals
Stoessel and' Fock to surrender the fortress.
He was acquitted of this charge.
QUIET ONCE WORE IN HAYTI
Presenre of Ships with Guns Causes
General Nord Alexia to
Do Good.
PARIS, March 18. Official advices re
ceived from Hayti indicate that the arrival
at Port Au Prince of foreign warships bus
produced tha desired effect upon President
Nord Alexis. M. Carteron, the French
minister, cables that the government has
abandoned Its Intraaigeant attitude, that the
re-embarkment of the refugees has been
authorized and that safe conducts have
been granted for the departure of General
Firming and the other revolutionary agi
tators who had tuken asylum at the lega
tions and consulates at Port Au Prince
and Gonolves. M. Carteron gives much
credit for this Improved state of affairs io
the active intervention of M. Borno, and
the minister of state,' who was th first to
counsel this course of action. All danger
of an attack on the legations or consulates
is now considered at an end.
CALLS LA FOLLETTE TRAITOR
I
President Fonts of Chlcaa-o Sas
Wisconsin Senator Is False
to People.
CHICAGO, March 18. James B. Forgan
president of the First National bank of
Chicago and chairman of th currency com
mlttee of tha American Bankers' assocla
tlon, In an Interview today relative to th
speech of United States Senator I.a Fol
letle of Wisconsin In the senate yesterday
said that the senator was false In his as
sertlons and a panderer to class prejudice
"The speech was rot," said Mr. Forgan.
"It is wors than rot. It Is a deliberate
stirring up of passion and rage among peo
pie who have no facilities for acquiring
knowledge at first hand and are dependent
upon men whom they trust. This trust Sen
ator La Follette has betrayed."
CUSTOMS SHORTAGE FOUND
Between Five nnd 81s Thousand
Dollars Is Amount Mo fnr Dis
covered nt St. Louis.
8T. LOUIa. Mo., March 18. An lnvestl
gallon by a commute from Washington
has been In progress for several days In
the office of the surveyor of customs here,
and the statement Is made that a shortac
of between $6.0uu and M.UO has been dig
covered. Chief Deputy Clerk A. F. 8hrlner,
in whese department the alleged shortag
is said to have been found, has been re
llevcd from duty pending tU investigation.
BIG BRIDGE NEARLY READY
Pedestrians Cross niaekwetl Island
Cantilever Structure for
First Time.
NEW TORK, March IS. The great canti
lever structure over East, river, known as
the B'ackwell Island brldse, which wns
constructed at a cost of nearly $25.0o0.no0,
was traversed Its entire length by pedes-
rlans today for the first time. Alderman
Timothy P. Sulllvnn, as the personal repre
sentative of Mayor McClellan, headed a
elevation acrewts a narrow foot bridge built
n top of the single steel girder which now
links the New Tork and Lon? Island ends
of the bridge. This girder, weighing twenty
ons, was fitted 1n place today in the
presence of the delegation. Midway on the
oot bridge Alderman Sullivan broke a
bottle of ihampaxne over the rail, an
American flag was broken out and tha
whistles on river craft tooted a salute.
The work on the bridge was commented
In 1P01 and has been carried on constantly
Ince then. There have bcon many fatall-
les among the workmen employed on the
great highway. When completed tho bridge
will be tho largest cantil-vcr bridge In the
world. It will be double decked nnd 8,449
feet In length. The length of the main
span Is 1.182 foet between the towers.
On the lower deck, projecting beyond the
rusFcs, there will be a roadway wiue
enough for four three-horse teams to pass
abreast. On each sido of and apart from
this roadway there will be two trolley
racks. In the middle of the upper dock.
between the trusses, there are to bo two
elevated railroad tracks, and two promen
ades, each eleven feet wide. The six tracks
across tho bridge ure estimated to have a
capacity of 150,000,000 passensers a year
under ordinary conditions of traffic.
FAVOR SCALE BY DISTRICTS
nlted Mine Workers Connlderlns Ad
Tlsnblllty of Thin Action to
Mettle Trouble.
INDIANAPOLIS, March IS. The conven
tion of the United Mine Workers of Amer
ica went Into senslon today to hear the
report of the scale committee, to which
had been referred all matters of policy and
future lino of action. Five attempts have
been made by the miners of the central
competitive field to get the operators Into
Joint conference to discuss a wage scale
to succeed the present scale, which will
expire March 31. On the scalo of tho con-
ral, competitive scales In other fields are
based. All efforts of the miners In this
direction have been unsuccessful.
It was understood that the scale com
mittee stood 15 to 16 In favor of signing
a scalo by districts, and In districts where
a Bt-alo could not be agreed upon, to sign
by Individuals. It wns also reported that
Vloo President Lewis, whoj will succeed
President Mitchell April 1, would submit
minority report, outlining his recom
mendations hs to n line of action which
would Include further efforts to rehabili
tate the Interstate agreement
Tho convention, when It mot again, re
scinded Its former ai'tlon to hold Its next
tional convention In St. Ixmls. It was
decided to hold the convention, in Indian
apolis. ,
RAILWAY MEN IN BREWERIES
Strikers' Places nt St. Lnnl II el n a;
Filled by Men Thrown
Ont of Jobs.
ST. LOUIS, March 18. The breweries op
erated today with diminished forces be
cause of the strike Instituted yesterday.
Railway clerks who have lost their post
Hons by reason of the retrenchment re
cently instituted by various roads, are be
ing employed In large numbers to tako tho
places vacated by the strikers.
Representatives of the breweries and
representatives of the strikers appeared
before the State Board of Mediation and
Arbitration today.
INVITATION SENT TO TAFT
New Jersey Legislature Wants to
llenr Secretory of War In
Speech.
TRENTON, N. J., March 18. The New
Jersey legislature today adopted a resolu
tlon inviting Secretary of War Taft and
Baron Takahlra, the Japanese ambassador,
to speak before the assembly next Hon
day. Governor Fort was Invited to pre
sent the distinguished visitors to the legis
lature. Both houses adopted resolutions
congratulating former President Grover
Cleveland upon his seventy-first birthday
TWO BOYS PLAY REAL INDIAN
One Ties Other to Tree and Then
Bnllds Torture Fire Un
der Feet.
SUFFERN, N. Y.. March 18. Russell
Ehuart, 10 years old, Is In a critical conth
tlon,. suffering from burns received when
an older boy, while playing Indian, tied
him to a tree and built a fire under his
feet. The boy's screams attracted men
who were working nearby and he was
rescued, but not until he was so badly
burned that It Is feared he will lose at least
one leg. The boy who is accused of setting
the fire disappeared and Is being hunted
for by the authorities.
ILLINOIS CENTRAL INCREASE
Directors Vote Increase ot Thirty
Per Cent In atock of the
Company.
NEW YORK, March 18. The directors of
the Illinois Central Railway company to
day voted to authorize the holding of
special meeting of stockholders to vote on
an Increase of 30 per cent In the company's
capital stock J. Ogden Armour was elected
a director to succeed Stuyvesant Fish.
M'KIBBIN TO HEAD TICKET
He Leads Republicans In Prim
at at. Puul with l.ararlr lo
erensed Vote.
irles
BT. PAUL. Minn., March 18. With
dozen products to hear from, it Is evident
at noon today that Joseph McKlbbin will
head the republican ticket for mayor
agutnst Daniel W. lawler. democrat. The
total vote for Mclvlbbin is 11,702. as com
pared with a total republican vol of 8,'xH
two years ago.
Proarreoa of Markown Trial.
WEBSTER CITY. la.. March lS.-(8pe
clal Telefrsm. I Judge Wright has ad
milled evidence or emiiezreini.-ni as a mo
tive In the caa Bgulnt George Markown
charged with burning the felt shoe factory
In tlUa city. This may prolong the cuau
Into next week.. Mr. Carrie, the company
treasurer, was the chief witness of the day
and gave damaging evident: of amboxsel
meut against Maikown.
MOD SENTENCES ORCHARD
daho Judge Finds Death Hit Due,
but Recommends Commutation.
BELIEVES ST0ET OF MURDERER
ourt Sara Man Who Killed Kx-Gov
ernor teunenbrrg Told the
Troth About His Many
Misdeeds.
CALDWELL, Idaho, March 18.-Btating
that he believed that Harry Orchard, In
his testimony In tha trials of William D.
laywood and George A. Pettlbone for the
murder of ex-Governor Frank Steunenberg,
told the exact truth, attempting to conceal
nothing. Judge Fremont Wood, In the dis
trict court, today recommended that the
State Board of Pardons commute Orchard's
entenco of death to Imprisonment In the
state penitentiary. The sentence of death
was pronounced In accordance with the
plea of guilty entered by Orchard Tuesday
of last week when arraigned. Judge Wood
presided at both the Haywood and Pettl
bone trials.
In sentencing Orchard nnd recommending
the commutation of his sentence Judge
Wood reviewed the case from the time of
the killing of Frank Steunenberg to the
present. Including the arrest of Orchard,
his confession, the arrest of Charles E.
Moyer, president of the Western Federa
tion of Miners; William D. Haywood, sec
retary-treasurer of the federation, and
George A. Tettlbone, the trials of Haywood
and Pettlbone ard the plea of guilty en
tered by Orchard to the charge of murder
In the first degree, the punishment for
which under the Idaho statutes Is death.
Court Relieves Story.
In regard to the part of Orchard In the
trials Judge Woods said:
I am more than satisfied that the de
fendant now at the bar of this court await
ing final sentence has not only acted In
good faith in making tho disclosures that
he did, but that he also testified fully and
fairly to the whole truth, withholding
nothing that was material, and declaring
nothing which had not actually taken
place.
It was the particular province of the
court to observe and follow this witness
upon the former trials and I am of the
opinion that no man living could conceive
the stories of crime told by the witness
and maintain himself under the mcrcllesa
fire of the leading cross-examination at
torneys of the country, unless upon the
theory that ho was testifying to facts and
circumstances which hs3 an actual exist
ence within his own experience. , A child
can testify truly and maintain Itself on
cross-examination, A man may be able
to frame his story and testify to a brief
statement of facts Involving a short single
transaction.
Ilenaon for His Belief.
But I cannot conceive of a caso where
even the greatest Intellect can conceive a
story of crime covering years of duration,
with constantly shifting scenes and chang
ing characters, and maintain that story
with circumstantial detail as to times.
places, persons and parlcular circumstances,
and under as morclliss a cross-examlnatlo?-i
as was ever given a witness in an American
court, unless the witness thus testifying
was speaking truthfully and without any
attempt either to misrepresent or conceal.
Believing as I do, that the defendant
acted In good faith, and that when called
es a witness for the state, he told all and
withheld nothing, I can tho more readily
fulfill the duty that I consider tho law 1n
poses upon me.
'In paEMlng upon this question it is im
material that Juries In the two cases tried
have declared that they were not satisfied
of the guilt "
Evidence of nn Accomplice.
Continuing, the court said:
Tho statute of the state Imposes a bar
to conviction on tho testimony of an ac
complice alone, no matter though he may
bo believed by tho Jury, unless there Is
other independent evidence tending to con
nect the defendant on trial with tho com
mission of crimes. And, again, In each ot
the cases tried the court, at the written
request of each of tho defendants. In
structed the Jury that a verdict of not
guilty did not mean that the defendant on
trial was Innocent, out ratner mat nis
guilt had not been proven beyond a rea
sonable doubt In the manner and form pre
scribed by law.
For these reasons it is at once apparent
that tho verdicts of the Juries re It Ted to
are not necessarily at variance with the
views here expressed. 1 am th'irougniy
satisfied thnt under the facts In 'his case
tho court has a plain duty to perform, and
that the authorities quoted Rave no al
ternative In the matter, and under these
authorities the defendant must be recom
mended to the clemency of the pardoning
board, with the full assurance that It Is
not to be presumed that the equitable titlo
to mercy which the defendant has ac
quired by testifying to the truth will not
tie sacredly accorded to nun ty tne noard
In which power to pardon or commute Is
vested by the state constitution. The rec
ommendation of the court to tho pardon
hoard is that the sentence of the court
about to he Imposed upon this defendant
be commuted and that the deuth penalty
be remitted.
First Direct Evidence.
Aside from the reasons already given for
this recommendation there Is another rea
son. In my opinion, which should appeal
strongly to the court and to the pardoning
board tor reuniting tne aeatn penalty
against the defendant. For several years
series or atrocious crimes nave been
committed In this and other states, and
the confession and testimony of this wit
ness is the first direct evidence which has
been secured fixing responsibility for a
considerable number of said crimes.
Judge Wood referred to the crimes of
arson and murder In IXjO which culminated
in the blowing up of the Bunker Hill and
Sullivan concentrator and the death of two
men, and to the fact that although 1.000
men were Involved only one man was
Identified and punished therefor in the
state courts. He continued:
Orchard and Dewey, who at the time
was a miner in the Couer d Alenes, are the
only two men of the large number con
cerned who have had the couraga o dis
position to disclose the truth with refer
ence to the crimes then committed.
This defendant also testified to
a long series of most atrocious
crimes committed by himself and
others In the stale of Colorado and h
was corroborated In such details in relation
thereto that there can be no doubt about
his participation therein. While these of
fenses were committed In the state of
Colorado, this state, I think, under th
circumstances. Is under some obligation to
withhold the execution of the only per
son who ha voluntarily and freely dla
cloaed these transactions.
Orchard Yielding to Remorse.
It is impossible to believe that such
series of crimes can be committed with
many persona connected therewith with
out one or more of said parties sooner or
later yielding to the remorse of conscience
and Joining this defendant In confirmation
of the disclosures which h has already
made. .
Acaln. under tho circumstances Involv
ing th defendant, no good purpose can be
advanced by his execution, and there can
te no demand therefor except from those
persons who stand charged by his volun
tary confession with thj grave crimes or
bv th defenders and apologists of such
persons.
If I here were no moral obligations on the
part of the state to grant the partial In
in unity recommended, 1 would still say
(Continued on Second Pag.)
GENERAL HORNE ON TRIAL
Kansas City F.dltor Who Shot It.
J.
Graves, and O. If. Woodward
fharn-ed With Murder.
KANSAS CITY, March 18.-The trial of
Richard C. Home, former vice president
of the Kansas City Post' Publishing com
pany, charged with the murder of II. J.
Groves, managing editor of that paper, was
resumed In the criminal court here today.
Much difficulty was experienced In the
selection of a Jury owing to the general
publicity which has been given the case
and tha prominence of the principals.
General Horns Is one of the oldest and
best known newspaper men In Missouri.
He was a member of the staff of Governor
William J. Stone.
Louis C. Boyle, formerly attorney gen
eral of Kansas, leading counsel for Gen
eral Homo, In outlining the case of the
defense said the defendant had not been
treated fairly by O. D. Woodward, presi
dent of the company that publishes the
rost. Woodward also Is a well known
theatrical man formerly of Omaha. He
was shot three times by Home at the time
that Groves was shot, but had sufficiently
recovered to appear as a witness today.
Attorney Boylo snld that General Home's
mind had shown evidence of weakness at
Marshall, Mo., over two years ago, owing
to business reverses. About that time
Woodward had asked him to be edltor-ln-chlef
of the Post. All Home possessed at
that time was J1.0U0 Insurance from his
home that was burned, and he put it Into
the stock of tho Post company. Then tho
paper, Boyle said, had deserted the demo
cratic party. It was against Home's ad
vice, and It worked upon the lattcr's mind.
Ho was told by reliable persona, snld
Boyle, that Woodward had sold out the
Font for JB.C00 and put the money In his
own pocket. Home was told by presum
ably reliable men thnt he would not get a
square deal and finally he was told by
Woodward and his associates to get out.
Home's position on the paper was a non
entity. He thought his honor had been
tainted. He felt that he should have to
go back to Marshall practically disgraced.
Attorney Boyle told how General Home
on the day of the shooting had purchased
a revolver nnd gone to the Post office,
taking his accustomed scat at his desk.
Home saw and heard Woodward whisper
ing to Groves and a moment later when
Woodward came out of Groves' office
Home shot him. While he was shooting
Woodward, whom he blamed for most of
his troubles, Groves appeared and Home
shot him also,
O. D. Woodward was one of the first wit
nesses called. He denied that he had tried
to get Home to take stock In the paper
und said that Mr. Booker, then business
manager, had carried on all business rela
tions with Home.
"Home bf t $1,000 stock," said Wood
ward In reply io a question, "and became
an editorial writer. Ho was not to have
charge of tho paper's political policy. We
had someone else In that position."
"Who was it?"
"I don't know a man named O'Brien,
I think."
BIG LINER STRUCK BY BOAT
Kron Prlnu Wllhelm Reaches Dock
with Hole stove In
Stern.
NEW YORK, March 18.-The big trans
atlantic strnmer Kron Prlnz Wllhelm,
which arrl"td today from Enrope, was in
collision with the steamer Crown of Castilo
whllo coming up the bay.
The Kron Prina Wllhelm reached Its
dock in Hoboken about 10:30 a. m. There
was a triangular hole about lOxlD feet in
tho extreme after portion of the steamer's
overhang. Tho prow of the Crown of
Castile penetrated tho Kron Prlnz Wll-
helm's hull a distance of about fifteen feet
Into the quarters occupied by the steward.
No one was Injured.
Tho steamer Crown of Castile of tho New
York and Continental lino arrived from
Hamburg and Rottendam last night and
left quarantine at 7:17 a. m. today, about
twenty minutes after the Kron Prlns Wll
helm, and must have overtaken the other
steamer while she was moving slowly In
the fog. The Crown of Castile Is loaded
with merchandise, but carries no passen
gers. DATE OF BUSINESS SUCCESS
Independent Oil Men Hmr It Wn
When Roosevelt Stnrted to
Work.
CLEVELAND, O., March 18.-In the
hearing today In the government's ouster
suit against the Standard Oil company.
Louis Emory, Jr., of Bradford, Pa., said:
A lot of new refineries have been built
since we obtained some liberties about ten
In the past four or five years, most of .them
In Kansas and Oklahoma, all Independent.
Generally speaking the Independent refin
ers have added, up to now, about 2G per
cent capacity over their capacity of
ISM."
''What was the date of your emancipa
tion?" Mr. Rosenthal for the defense asked.
. "Since President Roosevelt has been
working on his own hook," replied the
witness. "Since this movement began pros
perity among the Independents has been
general throughout the country."
SUIT AGAINST THE BREWERS
Over Million Dollars Da ma are De
manded by Dlseharaed Union
Workmen.
ST. LOUIS, March 18.-Alleglng violation
of contract with the beer drivers' and
stablemen's union on the part of eleven St
Louis and two East St. Louis breweries
suit was filed In the circuit court this
afternoon by William Rapp, John Nlnena
ber and Louis Ebel, trustees of the union,
for $1,100,000 damages.
Tha damages sought are to be based on
the probable earnings of the discharged
men during the life of the contract.
CLEVELAND HAS A BIRTHDAY
Mesaaaea of Conara tula tlon Poor
Upon Him on srvrnty-FIrnt
Annlveraurr,
LAKEWOOD. N. J., March 18.-Ex-Pres-
ident Grover Cleveland spent the seventy
first anniversary of his birth with his wife
and children at the Lakewood hotel here
today. He was in high spirits and ap
pearel to be In good health. Congratula
tory messages poured In ' all day from
very section of the country.
Barker May Manage Theater.
NEW YORK. March 18 Granville Barker,
the London actor-manager, who. according
to persistent rumor, la to become the di
rector or the iiew theater, lias balled from
London for New York and will reach here
In a few days to consult with the founders
of the theater. A few weeks age a member
or tho committee having the err -tlon of the
theater In charge, said that the matter of
nanalng a director would be aetUad soon.
IOWA IS FOR TAFT
Republican State Convention In
structs Delegates-at-Larg for Him.
ALLISON IS ALSO ENDORSED
Vote for Resolution for Senator is
672 to 507.
OHIO TARIFF FLANK APPROVED
Standpats Do Not Make Fight on Con
vention Floor.
FERSONNEL DF DELEGATION
George D. Perkins, Lafayette Yoanar.
J. R. Lane nnd Frnnk W, Sim
mon Will Represent Iowa
at National Convention.
DES MOINES. Ia.. March 18,-Th repub
lican state convention today elected four
delegates-at-large to the national conven
tion. Instructed them to vote for William
It Taft, endorsed Senator William B. Alli
son by a vole of 672 17-24 to 607 7-24 and ap
proved the plank of the Ohio plfflTorm call
ing for a revision ot the tariff at a special
session of congress.
Tho Allison peoplo dominated the. conven
tion from its opening to Its close, and had
things their own way throughout.
The Cummins people, although defeated
In the convention, took especial delight In
having, as they declared, forced the Btaml
patters to endorse a plank calling for a re
vision of tho tariff and they made a point
o ffroquently reminding the Allison people
of the fac'.. The hitter insisted, however,
there are as many revisionists In their
ranks as with the Cummins men and de
clare that tho vote in the convention today
showed conclusively the rolntlve popularity
of tho two men throughout tho state.
When the chairman of the committee on
resolutions read the plank declaring that
Senator Allison .had served his party and
his country wen, a delegate from Polk, the
home county of Cummins, Interrupted with:
" and the railroads."
When the platform announced that the
senator possessed strength for all emer
gency, another delegate from the same
county asked sarcastically, "Then why
don't he use It?"
The Allison men were as quick to retort
as the Cummins men wero ready to Jibe
and the witty sallies that passed from one
side to the other set tho convention In fre
quent roars of laughter Irrespective of fac
tional feeling.
It was generally expected before the final
session of the convention that there would
be a majority nnd minority report on tha
tariff and tho Cummins men had prepared,
to mnke a strong fight for the adoption
of the Ohio plank. VJ'hsn the committee
was actually settled down to work, how
ever, It was evident that the Allison people ,
were determined to endorse the plank them-,
selves and the only fight that was made
on tho report of the committee on resolu
tions was against the endorsement of Sena
tor Allison. Four members of the com
mittee united on a minority report signed
by four members who looked to the en
dorsement of the senator, but did not offer
any substitute. Aside from the voto on
this question and one on the report of the
committee on credentials tho convention
was unanimous and all selections for dele
gates and alternatcB-at-lurge were made by
acclamation.
Convention Drains Work.
The convention waa called to order at 11
o'clock by Frank P. Woods, chairman ot
the state committee. Ho surrendered the
gavel to Attorney General II. W. Bycrs
of Harlan, tho temporal y chairman, who
made an eloquent address, which roused tho
delegates to much enthusiasm. At the con
clusion of General Byers' speech tho result
of the various district caucuses was re
ported, and the convention adjourned to
await the committee report. ;
General Bycrs commenced his address
by the declaration that never in the pas'
bnd the republican party brighter pros
pects than at present. He congratulated
tho state upon the part they had borne
In the creation of the party record, and
detailed the feature of republican achieve,
mcnt at considerable longth. He further
aid:
The American people have much reason
to be grateful to the Divine Master ot
the world, but theie Is no on thing for
which they should be more thankful than
that at this moment there came Into
leadership the greatest ' man of modern
times, the mosf. potent force In all tho
world Theodore Roosevelt. He has boldly
undertaken to find his way through the
labyrinth that surrounded uu. He baa
confidently appealed to the sense of Jus
tice which always dominates the American
heart. His work is not ytt done, but :t
has been gloriously begun.
If the republican party is retained In
power It promises to adopt and have writ
ten Into the laws of the land every sug
gestion made by the president in his last
message to congress.
Slakes Plea for Harmony.
And It seems to me to have a part in
this great work ought to so fill the heart
with patriotism and love of country that
there would be no room for petty Jealousies
and factlonul spirit, and I appeal to you,
men of the republican party, to bury for
ever In the harmony and good fellowship
of this convention all purely factional dif
ferences. Then give us as a candidate for presi
dent a man who Is pledged to walk
straight on In the ways of Justice and
harmony, and victory Is as sure a th
pansuge of lime.
We need a man who la saturated with
the Influences of the administration now
drawing to an end. Wo need a man who
understands and appreciates the work that
Roosevelt has done.
We need a man who knows that thi
tariff schedule must be revised, holding
fast to the policies of protection, hut giv
ing heed to the rights of those who buy
as well aa to the rights of those who sell.
We need a man who has already demon
strated that it Is posslblu to employ the
doctrine of reciprocity to enlarge our mar
kets abroad without Inflicting Injury upon
our inaitets at home.
There may be many such men, for the
republican party Ih rich In leader, but
the man I have In mind t, I believe, th
r hnlc! of a great majority of tha repub
licans of Iowa, the friend and adviser of
the president, the seeretury of war, Wil
liam 11. Taft.
Platform la Short.
Despite the worry and tribulation which
had beset the prospective member of thu
committee on resolutions, the committee.
Itself, once It was fairly organized made
short work of formulating the platform
submitted to the convention. It contained
but four plunks.
The flrat congratulated the members of
the party upon the record It had made.
The net-mil d -clan s unequivocally for pro
tection and endorses" fully, the tariff re
vision plank- of the Ohio platform, quoting
the greater rrt of It verbatim. Th third
plank carries the instructions for Taft and
the last, tlie endorsement of Senator WIN
Ham B. Allison.
Tha committee oo credential! presented