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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 23, 1908)
The Omaha Daily Bee SINGLE COPY TYO CENTS. OMAHA, THURSDAY MORNING, JULY 23, 190S-TEN FAGES. VOL. XXXVIII-'NO. 30. ( 1 f 'f J TAFT STARTS NORTH Tudga Will Consult President at Oyster Bay Today. CONFERENCE WITH PARSONS Political Condition! in New York Are Discussed at Length. HUGHES TO .. SPEAK IN OHIO Governor of New York to Open Cam paign at Youngstown. HOLIDAY TOE CINCINNATI Maror Asks "All Cltlsen to Cloac Place of Buslne Tueadny In Honor of Their Fellow Townaman. SUMMARY OF THE BEE Thursday, July a:t, 10OS. 1908 fPj 82 3 4 1908 icLro &x pott ttz, ra imt 5 0 Z 8 0 10 11 i 14 15 16 1Z IS V 12122 232425 & ' 2(5 29 30 31 'KB WEATKia ASK A Somewhat higher ith nrobahlv local showers. vir and rising temperature. t Omaha.: Hour. Ug f a. m Gi 6 a. m M 7 . m 9 a. m..... 70 a. m 71 10 a. m 11 a. m 7 11 m K7 1 p. m S ? 2 p. m a p. m n 4 p. m fi p. m SI ! p. m M 7 p. m 8 p. m A) 9 p. m SO DOMESTIC. Night riders In Kentucky burn three Illinois Central stations. Page 1 FOlSC. temp""" Te-nj v NO ORDER TO HOLD WOMAN Coroner'! Jury Simply Finds Mil. Banner Killed Brotherin-Law. COUNTY ATTORNEY WILL ACT Una Hub. Had Bisected Inquest Woold Lead to Recommendation that Woman Be Held for Trial. MOT SPRINGS, Va.. July 22 Judge William H. Taft left here at 8:45 o'clock tonight for Oyater Bay to confer with President Roosevelt concerning hi Cin cinnati speech accepting the presidential nominations He will arrive at Sagamore Hill tomorrow afternoon, leaving the Chesapeake and Ohio train at Jersey I re u It court of appeals reverses Judge City at 1 o'clock and making the trip ima tn of $29,000,000 Imposed" on across New York City and down Long standard Oil company and orders a new Island by automobile. Mr. Tnft will triBi. Fags 1 doubt-lens be the guest of the president Judge Taft discusses political condl- Thursday night He ha. arranged to ttons In New York with Representative i..... kj... vnrir rrMiv afternoon for Parsons before leaving for Oyster Bay. Cincinnati, where he will arrive Satur- It was announced that Governor Hughes day afternoon at 1:30 o'clock HI. head- of New York will speak at ope nlng of ouarter. In New York will be at the Man- Ohio campaign at Youngstown. Par, 1 quarter. In New liattan hotel. Representative Herbert Parsons of New York arrived thla morning and was In conference with Judge Taft throughout the day. Frank B. Kellogg was present and the work In hand was the revision of parole. the Cincinnati speech. During thi con- President Roosevelt attends meeting at Newport, discussing naval matters. Page 1 Joe 'Warren, implicated In Lausten murder, auks Governor Sheldon for, a rage 3 t sfobt. rerence the new. of the reversal of Judge Irons of Chicago makes new Olympic Landls' decision in the Standard Oil ro- record In running broad Jump. rage 3 bate case was received, but aside from Scores of base ball games yesterday evincing a desire to get the details of the Western Leagu decision, no comment was Indulged In by Mr. Taft or his confreres, "It Is a matter which obviously I can not discuss," was Judge Taft'. only re mark. Hughes to Speak In Ohio. Judge Taft announced that he had re ceived a cordial letter from Governor Hughe, of New York accepting the Invt tatlon extended In a letter written by Judge Taft ome day. ago, to open the republican campaign in Ohio at Youngs town September 6. Mr. Taft will not go to the Youngstown meeting, according to hi. present plans. He was unable to say whether Senator Foraker would be one of . the speaker. at the opening, Mr. Parsons Indicated that he had been maintaining a consistent attitude of ret! cence as to discussing the political sltua tlon In New York, 9 Omaha vs. Des Moines 3. i Pueblo vs Hloux City o. 3 Lincoln vs. Denver 0. National League 2 Pittsburg vs. Brooklyn I. 2 Boston vs. Chicago .!. 2 Philadelphia vs. Cincinnati 1. American League 4 St. L,ouis vs. Boston i. 0 Washington vs. Detroit 6. Cleveland vs. Philadelphia 3. American Association 2 Ht. Paul vs. Louisvme 6. 7 Minneapolis vs. Indianapolis I, 1 Milwaukee vs. Columbus 0. rage a MOYEltZirTS Or OCEAN BTXAMSKITS, Port. Arrlvul. Sailed. NEW YORK K. W. Her Grouc.K. Wllhelm II. NEW YORK Noordland NEW YORK LONDON Ororglan HAMHIRO Moltke LIVERPOOL Lualunta., ........ ..,. M. Me woum veniur nu I MARSEILLES Madonna. nninlon as to whether Governor Hughes Bremen K. P. wilh.im . . . . . , - COPENHAGEN. ...United Btatea. wa. to DO norainiira ' "- I tjUEKN8TOWN...Hrronl 4 nor would . PS commit nimseu as v wie i guBliNSTOWN... iwnia PVPbablo.ueeeeB to Senator Piatt, ex cept u J " . nnvin Tn mil I nun 1 1 r it dldata for either place. A. to the general on I KIM IU rULL. uun JIIY1 UUI renuhllpan outlook I nthe Bmplre state, Mr, Parons remarked that the party had a Scheme of Antl-Dahlnianltea Is v, tn make, but ha believed success itcqoosi ibm ur k nttaineit. "The arrealest danger mony. have." h added. "1. overconfldence in ih rounlrv aenerallv." Mr. Bryan win oe aKea 10 pu.i He expressed the belief, however, that uaniman oui oi ino guuwnaiuimi ... Judge Taft would be elected. to Mr. Parsons was Invited to participate In the conferences Judge Taft held with the representatives of the allies soon after his arrival here, but b.ause of the necessity of aettins: his campaign organisation In the Interest of harmony. This Is the de termination of a number of local democrats who Intend to go to Lincoln and Importune tho presidential candidate to inject his per sonality Into the state campnlgn to save his own neck, which they say will be In New York In shape, It was Impossible for Jeopardy unless harmony is brought about him. he said, to make the trip south at m uougias couniy that time. He returned to New York wilh Mr. Taft tonight. CINCINNATI, O., July proclamation published today Mayor Mark Mayor Dalilman characterizes the pro ceedings ns "moonshine," and doubts if W , ) ...111 11., n A U nlnn. .I.,. 22.-By formal ",r- "" " Mric Omaha democrats. The mayor called on brelt has called on all Cincinnati cltlxens , lo ooserve i umuay , uuij mw In honor of the'r fellow townsman, William H. Taft. who will on that learn that he has been chosen by the republican national convention a. that party', candidate for the oreoldency. Gradually the details of the big celebra tion are being perfected, every hour of the day and night being filled with events of Interest. Former Senator James Smith jr., of New Jersey, reached the city today, being one of the first arrivals for notification day. Arthur Vorys, the political leader and friend of Juilae Taft. was In the city today for a short time and will return two or three days hence to confer with the candidate before the formal exercises of next Tuesday. While here he announced that the Ohio republican can didates for congress will Join tho state :andldates In a conference with the stato jentral and executive committees in this :lty on Monday, the purpose being to sanvass the situation thoroughly through out the state. President Cary of the Cincinnati pen and pencil club today announced that the . club rooms would be kept open contin uously during the coming campaign as headquarters for visiting newspaper men, Its location within a block and a half of political headquarters and close to the tflegreph offices being considered espec ially convenient. Conference In Chicago. CHICAGO. July 22. The part the re- - publican congressional committee Is to lay In . the coming campaign wa. dis cussed la outline at an Informal con ference which began here this afternoon, The principal mauer considered was a successor to James S. Sherman, who is expected to resign a. chairman of the committee. gatlon he has changed his mind since then. Mr. Dahlmnn received filing blanks Wednesday from Lincoln and says he will file this week. "Harmony will never prevail In Douglas county as long as Mayor Dahlman remains In the spotlight, and many democrats have come to the conclusion that there ought to be but one candidate for a state office from this county," says one of the?e dis sentors to the mayor's program, who will not permit the use of his name. "Iysle Abbott could run for attorney general with out stirring up any strife, and there would be no contention over his candidacy, but the fat would be In the fire the minute Mr. Dahlman filed for governor. There are two other candidates out in the state, Mr. Berge and Mr. Shallenberger, and they ought to be allowed to fight It out between themselves. 'Mr. Bryan will be shown that Mayor Dahlman's candidacy will bring the tem perance question Into the campaign and he might as well tie a millstone to his neck as to hitch up with Dalilman, for who ever Is nominated for governor will carry the imprislon of having received Mr Bryan's stamp of approval. Mr. Bryan wll! not make any spcclul bid for prohibition votes, but. then, ho naturally expects many on account of Judge Taft's advocacy of the army canteen. But with Mayor Dahlman running for governor, where would Mr. Bryan's prohibition votes be?" Lending Jacks will neither affirm or dtny the report that the old political club will oppose Mayor Dahlman's gubernatorial candidacy. They say there Is plenty of time l' ft in which to decide upon a candl date and they want to wait until all have filed before tliry pick their champion. We. the undersigned members of the coroner's Jury, convened to examine into the causes and facts bearing upon the death of Daniel Wlnfred Banner, up m our oath do find and say that Daniel Wlnrred Banner came to his death as the result nl o .nnahnl wmin.l knM ahot being Itred from a gun In the hands of Mrs. Atta Ranncr, near Twenty-fourth and P streets, South Omaha. Douglas county, Nebraska, on the evening of the 20th day of July, 190S. "Is that all the verdict?" exclaimed County Attorney English, who conducted the examination Into the death of Fred Banner at South Omaha, when the Jury re ported. He seemed disappointed that ths Jury did not follow with a recommendation that Mrs. Banner be held to trial. The Jury came to this verdict within ten minutes after it had retired, arriving from the Jury room about 11 a. m. Wednesday. I will file a complaint In this case to morrow aid give Mrs. Bunner her pre- imlnary trial Friday morning in all prob ability." said Mr. English. The Jurymen In the case were J. C Walker. Walter Duckworth, August Miliar I. S. Abel. D. Bennett and L. H. Ruff 11 of South Omaha. The Inquest was held at Coroner Brewer", rooms. The examination before the coroner Jury concerned the scene of the shooting only. Just one hint pf a possible motive behind the deed came out in the evidence and that was in the cross-examination of Frank Banner, the brothor to the de ceased and husband to Mrs. Atta Bunner. Frank Banner said: I saw my wife coming acros. the street end called Fred's attention to her. He Bald: ' "I don't want to talk to her.' Attorney II. C. Murphy asked the ques tiont Did Fred, In your opinion, know what she would be apt to talk to him about? "I suppo&o he had some idea. The attorney did not press the examlna tlon any farther in this direction. Story of the Tragedy. The tory of the shooting was remarka bly straightforward as told and cor robcrated by all the witnesses examined, Frank Banner's story was: ' I had telephoned to my wife during the day offering her money if she wanted eny, as I had Intended to give her some since we separated last Thuriday. She said she needed tho money, but did not know how to get it I thought little about It, but of fered to leave the money with her lawyer, but to thla she did not consent. About 8 o'clock I left my mother's home, 2314 G street, and went down town to buy some fruit. After I returned at about 8:t5 I went to Fernland's barber shop and met Fred. After meeting him we sat down on the step In front of the shop and were still talking when I saw my wife coming from the north on the opposite side of the street.' When she came-- opposite .he started across toward us. Fred said, I don't want to talk to her," so I started out to meet her. I met her at the curb. I asked her If I could do anything for her and she said, 'I don't want to speak to you, I want to see Fred. She turned aside and took something from a handbag. In a moment she,ialsed her left hand and motioned me away and stepped north of me as I turned south, looked around Just as Fred partly rose to ah erect position and made a step as topass her and go Into the barber shop. I heard the shot and saw my brother fall on his face on the brick of tho walk. I ran to him and raised up his head. I looked up at Mrs. Banner as she stepped backward toward the curb. She said: " Now, I am satisfied." "Then I called the police. I did not sus pect she had a gun. She never allowed one In the house." All Tell Same Thing-. This story without any variation was substantiated by four young men who were sitting In front of the shop. The only df ference was that these young men did not hear any of the words spoken. These wit nesses were Walter Dawson, Twenty-fourth and D; 3ohn James Mulchy. George Robert son, 2518 F, and Orvllle Dunn, 2110 F. Dr. Lavender, the pathologist, and Dr. W. H. Slahaugh held the autopsy and dis covered that the bullet divided as it passed into Fred Banner's skull and about one third passed between the bones of the skull to the back of the I.'ft side of the head, causing a ragged wound and a slight crack at the point of lodgment. The larger portion of the bullet went straight through the brain backward slightly in direction to the opposite side of the head, where It lodged In the skull wall. Five or six splin ters of bone were found embedded In the brain. The destruction of the functions of the brain wa. complete. Chief John Erlggs testified that he se. cured the revolver used that night at the residence of O. J. Wlnegard, where Mrs. Banner told him she had left it. She also told him that she had bought the gun from Peterson & Mlchaelson. Mrs. Banner is still In the county Jail In Omaha. She did not attend the inquest, nor did her daughter, MaJorle King. Mrs. Ban ner Is said to be In better physical condi tion, having regained sonje of her lost com posure, but no one is allowed to see or confer with her. The defense offered no testimony and the story back of the shoot ing was not gone Into at the lnqut-st. GIRL IS LEGALLY BEHEADED Headsman. Aeeordlng to Reejnlre- ments, Don. Evening Clothe for Occasion In Saxony. FREIBERG, Saxony. July . Crete Beler, the IS-year-old daughter or me mayor of Freiberg, wa. beheaded last night ome time between dark and dawn. In pun ishment for the murder of tne man 10 whom she was engaged to be married. The executioner reached the city last night. He carried a box containing the ax with which he did his work, and brought with him also a suit of evening clothes. The wearing of this garb Is an official re quirement of the .ombre occasion. The preparations for the execution at the prison had been completed. nd the man did nis work quickly and privately and departed as quietly as he came. The king of Baxony had refused a pardon. The personality of this young girl and her thoughtfully arranged murder of her fiance, a civil engineer named Frerner, attracted international attention. The so cial position of her family ws. very good. and she became engaged to Herr Pretner, a rich vouna professional man. At her trial she admitted with the utmost slnv pllclty that she visited her fiance', house one evening, gave him cyanide of potassium In a drink she mixed for him, and then to make sure of hi. death, shot him In the mouth with his own revolver. She then dropped the weapon at the dead man s side, placed a forged will In her own favor on his desk, together with a note of good bve. also forged, saying that he feared to lose her love through the revelation, of a dishonorable llason. In addition to these papers the girl left behind a package of forged letters, pur porting to come from a woman In Italy accusing Preffler of desertion and threat enlng to tell Grete everything. PRESIDENT ON BETTER NAVY Wants First-Cltui righting Navy or None at All. MEETS OFFICERS AT NEWPORT Expresse. Hope Nation Will Hare to Is Warship. Protection or Offense. GUFFEY'S VICTORY COMPLETE Pennsylvania Democratic Committee Declares Htm Authorised Head of Party. Never for DEMOCRATS PICK CANDIDATES State Commission Meets at Lincoln to Arranae the Rd-ntna. HARR1SBURG. Pa., July 22. The demo cratic state committee today re-elected State Chairman George M. Dlmellng of Clearfield, without opposition, and adopted resolutions endorsing Bryan and Kern, and denouncing the action of the Denver con ventlon In unseating the eight Phlladelphl delegates. The meeting was marked by speeches In which the action of the national convention was criticised, and by an effort to get be fore the committee a resolution directing the state chairman to consult with National Committeeman Jame. Kerr, which, coming In the form of an .amendment to the reso lutions, was ruled out of order and not pressed later. The resolution, protest against the action of the national convention In regard to the representation from Pennsylvania. terming this action as "unjusi, unwar ranted and against all parliamentary' prac tice and precedent." The decision of the temporary chairman of the Denver convention by which he re ferred to the committee on credentials the right of appointee, of the Pennsylvania delegation to participate In the delibera tion, of the several cetfamlttee. is con demned, as Is also tl,o" e. tlmTaf the ereden tlals commute In unseating the Phlladel phia member, of the delegation. Continuing, the resolutions .ay: We asaert as our belief that the only cause for such action was the prearranged determination to oust from the democratic national committee the Hon. James M. Guffey. who had been legally elected as national committeeman by a vote of forty even out of sixty-eight delegates from Pennsylvania, and which election made him and still makes him the duly author ized head of the Pennsylvania siaie aem ocracy. COE ON RELIGIOUS QUACKS Northwestern I'nl versify Profeesor Likens. "Upheaval" Method to Drink Cure. CHICAGO, July 22. Prof Albert G. Coe of Northwestern university, criticises mod ern evangelism a. a means of conversion and compares It to a well known "cure" for confirmed drunkards. Writing In the American Journal of Theology issued from the University of Chicago press last eve ning, the professor salys: "In the first place, there 1. a prima facie ground for deferring the use In certain cases of evangelistic methods that look toward sudden and profound upheavals of the mind. But, In the second place, there Is imperative ground for the careful elim ination of such methods and for the gen eral use of methods that look to more de liberate arjd controlled reactions. "Confirmed drunkards as a class present a field in which the former method seems to be Justified. The reason therefor Is found in the same traits of the drunkerd's mind that enable specialists In nervous dlseass to overcome the drink habit by suggestion' Prof. Coe declared also that there Is be ing developed a religious quackery. He writes: "Wise religious leader, and worker, take advantage of the ascertained facts, per celvlng that Increased knowledge brings Increased power to Influence men. Unwise leaders and workers shun such knowledge and as a consequence there is growing up a religious quackery parallel to the quack ery that practices medicine, but refuses to be guided by medical science." NEWPORT, July 22. President (Roosevelt after an adventurous night trip in the foa- from Oy.ter bay during which his yacht, the Mayflower, ran down and sank lumber schooner rescuing the crew of six men on board, arrived here at 9:45 a. m, today and later at the naval war college addressed a conference of nearly 100 offi cer., representing all branches of the ser vice, to consider plan, for new American battleships. President Roosevelt made a stirring ap peal for a hard-flghtlng navy. I want a first class fighting navy or no navy at all," said the president, "because first class fighting navy I. the most effective guarantee of peace this nation can have." 'There are always a number of amiable and well meaning people," continued Presl dent Roosevelt, "who believe In having a navy merely for coast defense. A purely defensive navy would be almost worthless. To advocate such a navy Is like advocating a school of prise fighting In which no one should do anything but parry. 'I hope this nation will never have to hit. We should do everything that honor ably can be done to avoid trouble. But when we do go to war, that war I. only excusable if the navy Is prepared to ham mer Its opponent until he quits fighting. And you can't hammer your opponent if you wait for him to come to the coast and hammer you first. For the protection of our coast, we need fortifications .o thai the navy may be left free to stretch out and destroy the enemy. That Is It. func tion." President Roosevelt declared that even If tho United State, had no island posses sions, the need for an aggressive naval policy would still be present. "The Monroe doctrine," he declared, "had almost fallen Into disgrace and contempt until the Ameri can nation began to build up Its navy." Discusses Rearalatlon Question. Discussing the question of immigration, the president declares that the American people have a right to say who .hall come and dwell among them. "It 1. our duty," he declared, to "to exer cise that right in a way calculated to pro voke the least friction. If we choose to ay who shall come, however, we must be In trim to uphold that right In case any body challenge. It." The president returned to the Mayflower at 3 p. m., and the yact sailed shortly after for Oyster Bay, the naval vessels In the harbor firing salute, a. the Mayflower steamed away. (From a 6taff Correspondent.) LINCOLN. July 22. -(Special Telegram.)- The democratic candidates incuoaior. known officially as the state commission, got buy todsy to hatch out a harmony ticket, and the rt suit, tailed to Justify the setting. While a few new eggs were pipped, none of -the old setting count ne thrown out. And so George Washington Berge. Ashton C. Shellenberge r and Mayor James Charles Dahlman are still scratching for the governor's nest. Head Rooster Tom Allen .?t a mighty fine example for the other chickens when he announced be had been the head crower for so many years and it was time for him to quit. But the whole brood cackled: "Nay. nay. Pauline." The rooster that can scratch out 315 000 from Wall street at one scratch was good enouah for them. And no Brother-in-law. Tom will be cock of the walk as usual. Among the candidates that recked out of their shells were Judge Orlmison of Schuyler for lieutenant governor, A. T. Gatewood of Arapahoe for secretary of state. John Mattes of Otoe county for the same. E. O. Garrett candidate for lieutenant governor was also on tho ground scratching for support, then there were a half doxen candidates for con Kress more or less, Including Judge West- over and Fred Ashton of the Sixtli and Fifth districts. George Rogers of Omaha strutted around telling about the big Dalilman bunch that will be here when Mr. Bryan Is told he Is the nominee and when ho aald "The Jacksonlans may hitch onto our train," theer was a good sized cackle In his talk. George Washington Berge and A. C, Shellenberger were In at the Incubating and so was Candidate Bryan, but they were shooed out. Mr. Flaherty of South Omaha made the motion for te closed session. So these went out and ate worms. Mr. Flaherty was expected to follow up his motion with another to shoo Mayor Jim away from the dust heap, hut th other motion didn't . come. Mr. Shallen berger Insists that Mayor Jim should cash n his chips and stay out, because he says he and the mayor have the brand on the same bunch of voters. A committee was appointed, with A. V. Johnson at the head, to help get up a crowd out In the state to be present when Mr. Bryan Is notified AuguBt 13 of tho action of his convention. Chris Gruenther mado a report of his work as secretary of the Bryan Volunteers and It was highly gratifying, so tho committee members said, even if Chris did kick for more help and complain of the tightness on the part of the population. Tonight the Incubator force went out to Palrvlew and picked around In the grass and chatted with the Peerless One. Circuit Court of Appeal. Orden Retrial of Famous Case. ERRORS FOUND IN RECORD MAYFLOWER SINKS SAILBOAT ASSESSMENT 0FDAK0TA ROADS Itato Board at Pierre Beln. Work of Actaal Valuation of State Liar. PIERRE. B. D,, Jjly I2.-(Speclal Tele gram.) The State Doa'd of Assessment look up the actual work of asse.ament of rai way property of the state, after listen ing to argument, of the attorneys for the roads. Just what action will be taken by the board 1. not known, but It will proo- bly not be anything radical unless it Is to penil o several of the road, which have refused to file th. required report with the Vard. Doha Will lorn Omaha. INDIANAPOLIS, Ind.. July 22. 8peclal ) -Eugene V. Iebs. candidate for president n the socialist ticket, will n.ake a .wing iround the circle in September and Octo ixr. and Omaba will be ona of the cities rlslied. It was announced at his home In Terra Haul yesterday that contracts have been entered Into with (he railroads for a special train consisting of a baggage cr, day coach and sleeper to leave Terr Uaute ob Auut WESTERN MATTERS AT CAPITAL Kd A. Stevens of Omaha Named Stenographer In Sterling, Colo., , Land Office, (From a Staff Correspondent.) WASHINGTON'. July 22. (Special Tele gram ) The Bhelton National bonk of Shelton, Neb., has been authorized to begin business with 125,000 capital. Jacob Barn hard Is president, L F. Stockwell vice president and C. A. Robinson cashier. Boren Rlnglund has been appointed post master at Ctresco, Saunders county, Ne braska, vice J. 8. Llvesay, resigned. James A. Knuter ha. been appointed regular and C. H Hlbb. substitute rural csrrters of route 3 at Smlthfield, Neb. Ed A. Stevens of Omaha bas been ap pointed stenographer in the land office at Sterling, Colo. A civil service examination will be held September 23 at Aberdeen, LVadwood, Sioux Falls and Watertown. 8. D., and at Cheyenne, Laramie and 8l.er.dan, Wyo., for the position of cleiks In national forest reserve. CHICAGO AFTER WOOL CLIP Grower Committee Iteports Windy City I Anxlou for Big Warehouse. CHEYENNE, Wyo., July 22. -(Special ) The executive committee of the National Wool Growers' atsoclatlon will convene In Cheyenne next Thursday mornlr.g to re ceive the report of a committee sent to Chicago to confer with the bunkers and others business men of that city relative to the estaablisliment there of a great wool warehouse, capable of storing one-half of the wool clip cf the United States. The committee was warmly welcomed and highly encouraged by the Chicagoans, and its report Is expected to result In the execu tive committee taking definite act. on look ing to the erection of the wool warehouse, which will be conducted on the plan of that recently built In Omaha. . THREE JEPOTS ARE BURNED Mght Itlders Puniah Railroad for Al lowing; Soldiers to Camp on Grounds. Five Injured la Kir. ST. LOl'13. Mo., July 22. Four men and a boy were hurt two of them probably fatally. In a fire this morning In a South Second street boarding house. Two of the injured Jumped from second story win dows, being trapped in their room, by the flames. Adam Klein. &i years old. in haled flames; Albert Trotweil. to years old. wa internally injured by Jumping, and Amlel Dull. It old. wa UilsimUl. In jured. . w - - . . . HOPKINSVILLE. Ky.. July 22.-Nlght riders burned the stations of the Illinois Central railroad early today at Gracey, In Christian county; at Cerulean, In Trigg county, and at Otter Pond, in Culdwell county. Yesterday Illinois Central officials gave periiiiaaloii to Madisonville soldiers on duty In the night rider region to camp on its property at Cobb, near Otter Pond. The action aroused much indignation. Two weeks ago, when a squad of soldiers visited Cobb, they were ordered away, food was refused them and they were told they would not be permitted to establish a camp. At Uracey, shortly after I o'clock this morn ing, twenty masked men and armed night riders captured the telephone exchange, took the two operators with them to the station, set the building on fire and rodu away. At Cerulean the burning was quietly ac complished. At Cobb, after the building was fired, the night riders fired guns and pistols as they rode away. Each raid was made by a different squad of night riders. Collide with,.. Schooner, but Rescue tho Crow. NEWPORT, R. I., July 22. The presi dent's yacht, Mayflower, with the presi dent on board in a dense fog last night ran Into and sank the lumber laden schooner Menawa. All on board the schooner, consisting of the captain and five men, were taken on board the Mayflower. The president's yucht had Its bowsprit and one anchor carried away, but the Jar of the collision was so slight that none of the president's party knew of the accident until they arose this morning. The Menawa be longed to C. G. Pendleton of Islcsboro, Me, The collision occurred at about 1:15 a. m when the Mayflower was between New London and. New Haven. As soon as the Mayflower arrived here the following dispatch was sent: NEWPORT. R. I., July 22. Hon William Loeh, Jr., secretary to the president, Oynter Hay, N. Y.: The president and party ar rived Newport 10 o clock. The Mayflowe was in collision with schooner last night 1:15 o clock. No one was injured. Every body aboard the schooner rescued. Th president was not Informed and knew noth ing about it until he got up this morning, J. L. M GREW, Last Man I Saved. Between 9 and 10 o'clock last night the Mayflower ran Into a fog between New Haven and New London. It was slowe down and the big whistle sounded fro quently. At 1:15 a. m., while the fog wa very dense and without the slightest warn- , Ing, a sailing vessel was struck by the sharp prow of the Mayflower. The shock of the collision was comparatively slight, but a great hole was made In the schoon er's side and It wss sinking. Boats were at once lowered from the Mayflower and all on board the schooner were rescued without difficulty, as the sea was smooth. They were taken on board the Mayflower, the schooner sinking a. the last man was leav ing It. The schooner ws. the Menawa, 200 ton. burden, owned by C. G. Pendleton of Isles boro. Me., bound from Machlas to New York. The Mayflower', bow.prlt had been car ried away and one of the anchor, was missing. After President Roosevelt had dressed the crew of the Menawa were presented to the chief executive In the cabin of the yacht. The president expressed great con cern regarding the accident, his regret of the loss of their vessel and his gratitude at the rescue without loss of life. The crew of the Menawa will tys sent to their homes In Maine at the expense of the guvernment. OIL FINE IS TOO HIGH Exclusion of Certain Testimony Held to Be Vital. HOLD INTENT IS NOT SHOWN Maximum Penalty in Any Event Not Over $720,000 WILL MOVE FOR REHEARING Government Will File Application Within Thlrly Day Decision by Groaacnp nntl I Concurred In by Maker and Seaman. BRYAN TO USE CAPITOL LAWN Notification Will Be There Instead of Falrvlew to Accommodate Crowd. LINCOLN, July 2.-11 I. now reasonably certain that the notification oT "Mr. Bryan of hi. nomination for the presidency shall occur In the ground, ofth e state capltol. In view of the large crowd which la ex pected to be present on that occasion It was concluded that the single car line out to Falrvlew, four miles distant, would be unable to cope with the situation, and the capltol grounds, in the heart of the city, were deemed the most appropriate place for holding the exercises. It Is not doubted that Governor Sheldon will give his consent. While the speech of acceptance of Judge Taft will have a considerable bearing on the remarks of Mr. Bryan when his noti fication takes place August 12, Mr. Bryan la beginning to outline what he will have to Bay on that occasion. He volunteered the statement today that his speech would not necessarily be devoted to the platform entirely, or that it would be Incumbent upon him to enlarge upon that instrument. KAUFFMAN CASE BEFORE COURT Dramatic Addreaa of Georjte Kgan I. Baala) of Plea for New Trial. PIERRE, S. D.. July 22. (Special Tele gramsArguments In the application for a new trial in the Kauffman case were begun In the supreme court this morning and will probably take at least two days George Rice, Jr., counsel for Mrs. Kauff man opened the case and was very radical In his statements In regard to the manner of conducting the case by George W, Egan, charging that the conviction was largely a matter of the dramatic manner in which the case was conducted, and that the court erred in not compelling Egan to confine his dramatic posings to the testimony In the case. Wisconsin Democrat Meet. MILWAUKEE, Wis . July 22. Wisconsin democrats met here this afternoon In slate convention and after listening to a speech by Melvtn A. Hoyt. the temporary chair man, took a recess till tomorrow. Mr Hoyt flayed th opposing parlies and paid a warm tribute to iiryu JEALOUS FARMER SHOOTS WIFE Help Dress Her Wound and Then Give Himself Up to the Officer. CASTRO SENDS DE REUS HOME Declare Netherland Minister I Unfit to Serve a Medium In Venesueln. CARACAS, Venezuela, July 21.-Presldent f Castro has expelled J. II. DeReus, the min ister resident of the Netherlands, from Venezuela. The minister's passports were sent to him by Sinor Paul, the Venezuelan minister of foreign affairs, who In a letter credits President Castro with saying: Yon are Incompetent to serve as friendly medium In the relations between this government ana tne .-seuienanas. Benor Paul In another letter to the foreign minister of the Netherlands says: This Indispensable measure affects only M. DeReus. It will not alter the existing friendly relations between Venezuela and the Netherlands. Venezuela desires to cul tivate these relations. NEBRASKA CITY, Neb.. July 22. (Spe cial Telegram.) Johnson Teten, a young farmer, living r.ear Talmage, last evening, In a fit of Jtalousy, shot his wife four times, inflicting serious, though, It Is be lieved, not fatal, Injuries. He had Just returned home from Kansas, where he had been for the last nine months, having left home because of Jealousy. A short time ago he wrote his wife he was coming home to kill her. On his arrival at home he went to the house, where he met hi wife. She refused, to speak to him and he drew a gun and shot her. Hu then helped wash and dress the wounds, afterward mounting a horse and coming here, where he gave himself up. He Is now In Jail. Tetcn had said he intended killing hit wife and then himself. He and hi. wife were married about twelve year. a-o and have six children. The parents of both arc wealthy and they live on a farm belong ing to Teten'. father. Physician, who were summoned think Mr. Teten will live. CCLLERIES MAYRESUME WORK naln Believe Dronaht and Provide Water that Wn .Needed for Mills. POTTSVILLE. Pa., July 22. A heavy rain storm which passed over this section last night broke a long drought ard will per mit of the resumption of work at many collieries which have been idle for lack of water. At the collieries every gutter and avenue down which waler flows was turned Into the reservoirs, so that no water went to waste. The breweries complain that all their empty beer kegs are Impounded In the mining vllages, the inhabitants using them to roll water down the mountain sides, water being transported In this manner for miles. Preacher Drowned In Oklahoma. NORMAN, Okl., July 22.Vhile swim mlng tn Lake Norman near here today John W. Holland, a. prominent business man and ror ririeen years a preaciier in tbe Methodut ttunh. ana drownao. CHICAGO. July 22.-The United State. court of appeals reversed and remanded for retrial the case of the government against the Standard Oil company of In diana, In which Judge Landls In the dis trict court had imposed a fine of J.9. 240.000. The government haa thirty days within which to flic a petition for a rehearing, and It was announced this afternoon that It will bo filed within the allotted period. In his opinion, which was concurred In by Judges Seaman and Baker, dealing w,th the "Intent" feature of the case a vital point Judge Grorscup says: Intent Not Shown. "Wo should take up these subject. In th order stated, the first being whether a ship per can, without error, be convicted of ac cepting a concession from tho lawful pub lished rate, even though It Is not. shown as bearing on the matter of Intent that tho shipper at the time of accepting such cancel slon know what the lawful published rati . . , . 1 . . I . 1 II.. n was a view oi me law mm ia rmuv.u.. u ... the charge and carried out In the ruling excluding certain proffered testimony. In cluding that of one Ldward Bogardu., who, being in absolute charge of traffic affairs of plaintiff in error, offered to testify that during that period ne did not know anything about an 18-ccnt rate over the Chicago & Alton ralload; that his at tention had never been called to any such rate by any person or by the examina tion of any document, and that it wa. his understanding and belief on what he was told by one Holland, tariff clerk for Uo Alton lallroad, that the rate ovr the Alton road was cents, and that such rate had been filed with the Interstate Commerce commission." Penalty I Too Great. Judge Grosscup'. opinion leave little of the contention that each carload at the 6-cent rate constituted a separate orfense. Even the shipments, of which there were about 500, could not be so considered undir the ruling of the court. The fine should have been base on settlement, between railroad and tho oil company. Of these there were Just, thirty-six. The maximum fine on thla the oil company. Of these there were Just thirty-six. The maximum flna on thla basis wculd amount to but $720,000, and the minimum 36,0u0, the latter figure, being considerably lees than the $223,000, which tho Standard is alleged to have received as rebates on the shipment. In question. In tho event a rehearing is denied the government may go to trial on th original ndlctment containing 1,402 count., an ac tion which Mr. Sims would be ready to take within two weeks, or upon any one of seven other Indictments containing 4.42J counts. As a vast amount of work ha. been done on the case Just decided, it ll unlikely that an entirely new case will b nstltuted. The rrcord of the present ca contulns over 1,600,000 words and Is esti mated to have cost the government $:00,000, Another move which may be mode by th federal authorities Is to transfer the prose cution from this Jurisdiction, either to the Western New York district or the Eastern Tennessee district. In these two district! the government investigation led to in dictments containing about 2,000 counlt against the Standard Oil company. All Entitled to Trial. The mobt striking portion of the decision epitomizing tha attitude of th. court wa as follows: i Counsel for the government say In con cluding their brief that the Elkln. act wa. passed because the peace of society and the welfare of the people demanded It! that railroad Inequality mean, business ruin to all except those powerful enough to make themselves the beneficiaries of the discriminations; mean, the wiping out of an Industry, of a town, of a city, at the command of an officer of a private corpora tion; that railroad Inequality I. the basis of monopoly and the wrongful concentra tion of wealth; that no law of more vital Importance wa. ever passed by congress, and that those guilty of violating It are guilty of a serious crime against the prin ciples of Industrial freedom and equality. "Every sentence of this arraignment Is true. That this court recognize, the Im portance of the enforcement of that act is shown In its affirmance of penalties that under other circumstance, would be re garded as very severe. But the Interstato Commerce act, important a. that law Is, 1. not tho only law under which we Jive. Wo live under a guaranty that reache. back to tho beginnings of our law and 1. securely planted In the constitution of every civil ized government that no one shall be pun ished until he ha. been heard, and abovj this fundamnetal guaranty there can be let no higher pterogative, for let it once come to pass that under the .tres. of enforcing equality, any power In tha government may override the fundamnetal rights of belna Judged only after having been duly -tried! a right just as essential In the associated relation of the corporation s. to men In the relationship of copartnerships a. to men Individually there will remain ni commerce worth the name to .afeguard. The beginning of commerce t. constitutional government and the foundation of con stitutional government la the fslth that every guaranty of our constitutions, n matter what the provocation will De sa credly observed." The curt rotjin was crowded wl h Hwytr. and newspaper nun when Judges Gross cup, Baker and Seaman took their seats. Judge Grosscup did not read the document, merely referring to it by num'rer and stat ing that the case had been reversed nnd re manded. There was Jubilation among th Standard Oil lawyers, who declared that the decision hud beenexpected, while the government attorneys w.-nt quietly to Mr. Hlnis' office to study the document. Opinion of tho Court, The opinion begins with a brief statement of the manner In which th case wa. brought from the district court to th court of appeal. Section of th tnUr.tat coru- J .1