The Omaha Daily Bee
SINGLE COPY TYO CENTS.
OMAHA, THURSDAY MORNING, JULY 23, 190S-TEN FAGES.
VOL. XXXVIII-'NO.
30.
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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
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1908 icLro
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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
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