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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 10, 1908)
The Omaha Daily Bee'
VOL. XXXVIII NO. 72.
OMAHA, THURSDAY MORNING, SEPTEMBER 10, 1908 TWELVE PAGES.
SINGLE COPY TWO CENTS.
FIGHT FIRE ALL NIG11T
Flames Along; Shore o JJ-e Superior
SITUATION 13 MUCH VeTTER
Town of Hibbing; it Saved At
ALL BUSINESS IS SUSPENDED
SUMMARY OF THE BEE
EXAMINER FOR BUCK CASE
Judfre Gould Appoint Albert Harper
to Listen to Evidence.
GOMPERS AND MITCHELL ANSWER.
"Fatted Calf for One."
Thursday, frptember 10, lOOfl.
G. E. DAVIS
1 fMa - F Ifc
J I ah m
Duluth Openi Relief Fund for Benefit
GRAND MARAIS' IN DANGER
Llltl Villas la Entirely "hat OI
Lost of Life it
DLXUTH. Minn., Sept. t It wa a ntg'.tt
of urror on the range, and one of deep
anxiety In Duluth, but today condition ap
pear to have changed tor the better.
All yesterday afternoon and laat night
firea thrcatoned half a doten of the larger
town on the range. Hlbblng fought almost
persistent flrea from o'clock In th after
noon until late lait night. At 4 o'clock
Dujuth was asked for assistance and a
flra engine wn made ready for shipment
by a apeclal train. A telephone message
later held It la Duluth ready for ahlpment
at any time and stated that trto crisis ap
peared to bo past. More than 1,000 resi
dence of Hlbblng founht back the flame
all night long, stamping out brush fires
and welting down tha fields about the
town to keep the fire from spreading. This
morning the reports are that the town la
Similar experiences are reported from a
dose other range towna, but so far as Is
known there have been no others destroyed.
Povey had as hard a fight as Hlbblng and
tha residents of Coleralna, two miles away
had t go to their assistance. All business
was auepended. the schools closed and cl'l
rens after packing a few valuables ready
to flee at a moment's notice, fought the
fires all plglit.
At Aurora. Xashauk, Buhl, Krenahall and
several smaller towns and villages the
same story was reported.
Flrea Are Dylan; Oat.
This morning what reports have been
received from the busy flra fighters aro
more optimistic. The wind Is dying down
and tho flrts appear to be gradually burn
ing themrelves out Great vigilance la still
The most dramatic Incidents of tha entire
fire promise to develop around Grand
Marals. The steamer Gopher, the United
States gunboat, carrying fifty members of
the naval militia, left laat night for Grand
Marala to rescue the ..settlers along the
north shore. Tha little village la entirely
shut off prom communication by means of
telephone or telegraph and It will be
twenty-four hours at least before anything
Is heard from them. .The passengers on tha
laat boat rfported that the flrea were' rush
ing ."toward. Ue" lake -and gradually hem
ming In tha inhabitants of the little village,
comi rising about 600 people, mostly rishur
men and Indians. There are. also many
settlers along the lake shore. If the flrea
swee right up to the lake shore the In
tense heat and the amoke might cause the
loss of many lives, although the people
could save themselves from actual crema
tion by taking refuge on. the beach.
The Gopher carried provisions and cloth
ing and will pick up any settlers who are
found to be homeless. The men will help
fight the fires at Grand Marals If the vil
lage la not already destroyed.
Belief Fnnd Growing;.
The puluth relief fund has now passed
, the Kr,009 mark and la rapidly growing. All
tha Immediate wants of the sufferers have
been cared for. The rargo railroads be
longing to the steel corporation are carry
ing all supplies free of charge and running
specials whenever needed. Tha corpora
tion and tts officers has also contributed
nearly 115.000 in cash toward the fund.
The range Is by no means out of danger
as yet.vAs stated above, the reporta this
morning are more favorable, but a change
of the wind or an Increase In Its velocity
might cause them to break forth with re
newed violence and every moment It Is
feared that a town will be reported ablase.
WARM DAYS HELP THE CORN
Weather Jaet the Kind to Develop
tho Klac of Nebraska
Tha quality of corn In Nebraska 1 being
ettled, by the dry, warm weather the atato
haa been having for the laat week, the
quantity having been settled before, ac
curding to the crop and soil report of Hie
Kurllngton road. The estimate - for the
Wymor division la given at SO per cent of
tho averaga crop, which Is higher than any
previous estimate this year. The estimate
for the Lincoln division has been lowered
to 100 per tent of tho average crop.
Fall plowing and aeedlng haa progressed
wall and In some places tha plowing Is
finished and tha seeding done. The ground
Is getting somewhat dry, ao that llttla
mora plowing or aeedlng will be dona until
more rain fails.
The farmers of Wyoming are buay thresh
Itig, with a good yield. Oats threshing is
also still in prrgrws. with cats turning out
well. Corn la reported In good condition
at all places where corn la grown, with a
good crop reported. Potatoes aro nearly
' all mat j red and diguing haa started and
Ihera will bo a large crop on all divisions.
Tha meadows and paaturea are still In
good condition, but need rain.
LlLLhiY ' -NOMl!NATKI GOV Ell Oil
CoBaTroaaaaaa Selected by Repahllvaaa
' Over Protests.
NEW HAVEN. Conn., Bept. 8. -The re
publican atate convention met here today
and nominated Congressman George L,.
Lllley for governor. The attitude of the
manufacturers, who at a meeting here
yesterday, adopted resolutions protest
ing against the nomination of Congress
man Lllley aa "Inimical to the beat In
terests of Connecticut and disastrous to
the supremacy of tho republican party
In tho state," was a matter 6f gravo con
cern to the party leaders. '
John II. L!r.t of Norwalk. In nominating
Representative Lllley, said that Mr. Lllley
had shown his courage In rising from a
tck bed to refuse to retract anything he
had done In the submarine Inquiry.
Other names presented were Lieutenant
Governor Everett J. Lake and Governor
Lliley received 401 votes out of ITT cast
oa tho first ballet.
Frank B. Weeks of Mlddletowa was
nominated for lieutenant governor by c-laruallen
1 jnL Ufa mr m si
12 3 4 5
8 9 10 11 !2
15 16 1Z 18 19
22 23 24 25 26
29 30 -
FOR OMAHA. COfNTL BLUFF8 AND
VI""1 NIT Y Fair Thursday.
FOR NEBRASKA Fair Thursday.
FOR lOWA-Fair Thursday.
fi a. m fl
a. m .
T a. m 67
8 a. m 70
9 a. m 7ft
10 a. m 7
11 a. m M
12 m W
1 p. rn Ri
1 p. m 9
4 p. m 91
p. m 90
t p. m 19
6 p. m (
7 p. m f3
s. p. m
9 p. m 77
Settlers along the north shore of Lake
Superior spnd a night fighting flamea.
but the flreo are bing overcome. Pago X
Judge Gould has appointed a special ex.
amlner for the Buck case, Involving the
acta of labor leaders. Pago I
Illinois republicans hold a convention in
Springfield to ratify the action of the
primaries, which waa presided over by
Speaker Cannon, who will begin nis
eighteenth campaign for re-election to
General Funston attends a reunion of
his regiment In Topeka. Pio 1
It Is announced that Mr. Bryan will soon
be a guest of Judge Parker at Esopus.
Judge Taft has been Invited to address
the Deep Waterways convention. Pago 1
Japan ha3 mone ytroubles, as la evi
denced by a loan of cash to the banks by
the government. Pago 1
Strike breakers are condemned at Not
tingham by the labor congress. Pago 1
Charles E. Davis,, clerk in the Flrat Na
tional bank, U arrested and this morning
will be charged with the killing of Dr.
Fred T. Rustin. He la released on bond
of f5,000, furnished by his brother. Fred
H. Davis, vice president of tho bank, and
la at the home of the latter. Pag 1
Fred H. Davis tells the pathetic story
of tha life of his brother, suspected of kill
ing Dr. Rustin, Buying for thirteen years
he has been subject to spells of mental
Irresponsibility. Pago 1
Estimates place amount ralsad by tag
da ycampalgn for Clarkson hospital at
over $6,000. Pago 3
County board decldea on levy of 14.6
mills for county, an Increase of 2.1 mills
over laat year. Fag- T
j ..- ... . jwcbt. ;
Orvlllo Wright .smashes all aeroplane
record by remaining In the air twenty
nine minutes and fifty-seven and four
fifths seconds. Pago X
Nelson knocks Gans out in the twenty
first round. Pa a 5
Results of the ball games:
8-8 Omaha vs. Des Moines 0-T.
6 Sioux City vs. Pueblo I.
8-0 Lincoln vs. Denver 1-2.
5 Chicago va. St. Louis i.
11 Pittsburg va. Clnoinnatl 1.
7 New York vs. Brooklyn t.
b Boston vs. Philadelphia i.
7 Detroit vs. Chicago. ,
1 Cleveland vs. St. Louis 0. ,
9 New York vs. Philadelphia .
6 Washington va. Boston 4.
Louisville vs. Columbus 2.
8-5 Indianapolis vs. Toledo 1-8.
6 Minneapolis vs. Kansas City 3.
11 St. Paul vs. Milwaukee 6.
COMMXRCIAI. AKD niOUITaUL.
Live stock markets. Pago 0
Grain markets. Paget
Stocks and bonds. Pages
KOTEMXZfTB OP OCIAJT STKAMBSIFS.
Port. Arrlrea galled
NEW YORK Kiff Wllhelm IK. P. Wllhelm.
NEW YOKK.....HUMI1 Koordam.
NEW YORK M(MlM
f'HKRUnl HG......Prrlleiil Lincoln St. Lo'Jli.
HOt'LouNB Nttuw Amsterdan
ANTWERP Kroonlan a
LIVBKPihjL, Mauritania Haunts.
JAPAN HAS MONEY TROUBLE
Govern meat Decides to Come to Aid
of Soma of tho Larger
TOKIO, Friday, Aug. 7.-The Depart
ment of Finance haa at last decided to
supply the deficiency of capital of the
Farmera and Mechanics anks of tho ooun
try with 2,d00,(W yen (ll.KO.OOO) out of lis
deposits. With only three exoepllons tha
forty-two Farmers and Mechanics banks
of the country have availed themselves of
this loan In varying sums from 130.0CO yen
to 25,000 yen. Commenting on this matter,
the Chuo declarea that the loan of only
2,500.000 yen lr. place of 9,000,00 yen, which
was asked by the banks, will prove but a
"few drops of rain" on the parched con
ditions of the banks. The paper suggests
that the sum offered e used for the re
adjustment of arable lands, a course that
would result in a permanent annual in
crease in the production of rice.
SULTAN'S WRATH UNSLEEPING
Sllvo Klrrt Arrested, Arouied of At
tempt to Slarder Aednl
CONSTANTINOPLE, Sept. 9.-Silvlo
Riccl waa taken into custody here tjday,
accused of being responsible for the at
tempt to aisuiislnate the tultan of Turkey
In On July 21 of that year an el fori
was made to kill Abdul Ham'd whl:e n
wa descending the steps of the moariue
near YllUis Kiofk, where ll U his custom
ta go and pruy every Friday. The aultun
was not Injured, but several other person
were either killed or woundud by a Ojmb.
DAY DEVOTED TO RESOURCES
Aatloaal Cow ini 1 1 re Gtvea Tlaaa oa
I'rairau at Traajuulsala
KAN8AS CITY, Mo., Sept. . Tha mem
bers of the national co.uiuittee on the con
servation of resources havo btten given one
day at lh I'ransmlsslsaippl Commercial
congress which meeta at San Francisco
October t-10. President J. B. Caaa of
Abilene, Kan., today received from Wash
ington acceptance ot the committee's part
on the program and it la expected tha en
tire committee will meet In San Fran
Allegro New Jusne Haa Beea Raise
Whether Court Haa Arte
Wlthla Limits Prescribe
WASHINGTON. Sept. .-In tho case of
the contempt proceedings against Samuel
Oompers, John Mitchell and Frank Morri
son of the American Federation of Labor,
In connection with . the .Buck Stovo and
Rare company, today Judge Gould de
cided to appoint an examiner to take testi
mony, and William Herbert 8mlth was
designated to perform that service.
Thirty days was given. to each side for
the purpose of taking testimony.
Irt their answers to the petition of the
Buck Stove arid Range company to hayt
Samuel Oompers, John Mitchell and Frank
Morrison of the American Federation of
Labor punished for contempt on the charge
of violating the order of Justice Gould en
joining them from continuing the boycott
against the stove company by publishing
the name of that company In the "We
don't patronise list," which was filed to
day In the supreme court of the District
of Columbia, the three defendants named
asked that the Issues be tried, before A
jury and not by Justice Gould alone. Most
of the specifications of the petitlona relate
to publlcationa in the American Federa
tlonallst, the organ of federation, of which
Gompers . Is editor, and to published ad
dresses made by him, and his response is
of much greater length than those of
Messrs. Mitchell and Morrloon. both of
whom profess Ignorance as to the majority
of the utterances quoted.
For the most part Mr. Oompers admits
the correctness of the quotations from his
speeches. Interviews and editorials, but he
declares that none of them were Intended
to bo In contempt' of any decreo of the
court. Tho principal charge refers to
criticisms Of the Injunction which were
made by Mr. Gompers in an editorial pub
lished in the Federatlonlst in February.
1J04. ln'whloh ho characterlxed tho injunc
tion as an Invasion of the liberty of the
press and Of the right of free speech, and
further said It would be Impossible to com
ply with all Its terms.
New Isaac Rained by Coart.
Replying to thft charge Mr. Gompers, Mr.
Mitchell and Mr. Morrison united in saying.
Answering the seventeenth paragrnph of
tho petition this respondent says that the
editorial therein referred to Is only to be
understood properly by being read In Its
entirety, and the respondent, for the full
contents thereof, refers to the files of thla
court. He deniea that aatd editorial consti
tuted In any respect the contempt of court
or that It was In any degree dlsrespectlve
of tho action of the court. On the other
hand, ho says. It contained only such fair
and temperate criticism as he had a right
to Indulge in as a cltiien of the conduct
of one of the officers of the government
and that the order and decree were never
properly Intended to take away from htm
his rltfhta as an American cltisen, but orily
Intended to prevent the doing of aots styled
unlnwlul and pursuant to a . supposed un
lawful conspiracy to Irjure.- 'That there
ri.ver existed any conspiracy combination.
rr.mnt or understating which reaulted
In any degree In bringing about tho publica
tion of ssld editorial, dui inai mo pawing
of the decree raised a new Issue, ta-wlt,
whether the court had acted within or
without the limits prescribed by Justice in
this Issue, which was one only incidentally
relating to tho pending caae.
A request for a jury trial Is made.
MEN OF H00-H00 IN SESSION
Twenty-One Thonsand Members Pres
ent Under ftnles of Lumber
CHICAGO. Sept. . The Concatenated
Order of Hoo Hoo, a fraternal and social
lodge of the National Lumber Dealers' as
sociation, began Its seventeenth annual con
vention here today with Impressive cere
monies. The date and the hour for the be
ginning of the three days' conclave were
chosen with an eye to mysticism, being the
ninth day' of the ninth month, at 9:09 a. m.
When the gavel fell 21,000 members of the
order wore recorded as being present,
though the number actually in attendance
was in the neighborhood of 1,500. The oth
ers were regarded as- present under the
rules of the order, which require every
member who cannot attend personally to
send a letter or telegram stating his where
abouts and his reasons for being absent.
Today's business session was short and
of a perfunctory nature. Upon adjourn
ment the delegates embarked aboard the
steamer "Theodore Roosevelt" for a pleae
ure trip to Michigan City and return. A
banquet, to begin also at 9:09, is scheduled
for the evening. The feature of the gath
ering will be the "embalming" on Friday
of Past Supreme Snark John S. Bonner of
Houston, Tex., who by virtue of the cere
mony will be given the degree of mummy
and will become a deified member of tho
ancient house. The election of officers will
also occur oa Friday. The Hoo Hoo organ,
lsation, with Its motto, "Health, Happiness
and Long Life," was founded by Boiling
Arthur Johnson of Chicago at Gurdon,
Ark., in U92. It has one fixed meeting a
year and is governed by the "supreme
nine," consisting of tho snark of the uni
verse and eight other officers. There are
fifteen past snarks, who constitute the
House of the. Ancients. The membership
Includes lumber dealers, railroad traffic
officials and newspaper men.
BARTON'S LEAD SMALL MARGIN
frherldan t'oanty Only Lacking to
Complete ' Vote oa
Additional returns on republican auditor
received Wednesday from Furnas, Boone,
McPherson. Deuel and Polk counties
This leaves a plurality of 141 for Barton,
with Sht-rldan county yet to be heard from.
The voto there la not expected to be of
proportions sufficient to overcome the ma
jority, even if it Is against Barton, and
the Grend Island man Is likely to win by
BURGLARS SH00T EX-CHIEF
Captala Aablo of Los Angelee Prob
ably Fatally Woaaaed by
LOS ANGELES, Cal.. Sept. .-In a
desperate shooting afray with two bur
glars, whom ha met on tha street at Ninth
and Grand avenue shortly before 1 o'clock
this morning. Captain Walter Aubls of the
city polios force was shot three tlraea and
probably fatally wounded. Ona of tho men,
Fred Horning, a chauffeur, waa captured,
but tho man who did tho shooting. Carl
Sutherland, a waiter, escaped. Captala
Aubie was former chief of police of Los
SOME MORE REAL MR. BRYAN
Not Always So Solicitiom About the
Laborinj Man's Welfare.
EXCERPT FROM AH OLD SPEECH
"I am Tired of Hearlasr About Laws
Ma lie for tho Beneflt of the Mea
Who Work In Rkepi," Ho
Said la Time Past.
(From a Staff. Correspondent.
LINCOLN. Sept. P.-(Speclal. Harking
back to when Mr. Bryan waa running for
congress In this district his talk to labor
ing men waa considerably different from
the talk he is putting up now. -October ii,
1W0, he held a joint debate with W. J. Con
nell, the republican nominee for congress.
In that debate Mr. Connell waa speaking
of the Interest the republican congress had
taken in the laborlnar man. Mr. Bryan be
came very indignant as the rpeaking pro
gressed and when It came his turn to talk
"I am tired of hearing about laws made
for tho benefit of the men who work In
The statement la made both In The
Omaha Bee and the State journal at tho
time and both quote Mr. Bryan as above.
The Bee article said: .
It la conceded by all that Mr. Bryan
made the worst break of the campaign
when in rebuttal to Coniwrtl's 'showing of
what the republican congress had dnne for
laborers, Bryan said: "1 am tirexl of hear
ing about laws mad? for the benefit of men
who work in shops."
The State Journal's account ot the debate
said: .' ' . S , -
In hla Indignation against tho alleged In
justice of tha HcKlnlef bUI, Mr. Bryan ex
c aimed: ' 1 am tlr. d t i-i.rtng aboui. laws
made tof 'the benefit of men who .work
Lancaster County Committee.
The LancustfT county legislative candi
dates and F. M. Tyrrell and Robert Plckel
got together yesterday and named the new
county commrt tee, which will meet next
Saturday for organization. Chairman 8. W.
Burnhajn is a candidate for the office of
state senator and will probably decline to
Following is the committee selected: .,
First Ward A, E. J. Murfln; B, O. D.
Herrick; C, C. H. Bull.
Second Ward A. J. L. Caldwell; B, W.
C. Rohde: C. William Alhers.
Third Ward-A, Jesse Chappel; B, C. W.
Spears; C. W. A. Hamilton.
Fourth Ward A, Thomas H. Benton; B,
W. O. Roberts; C, W. S. Scott.
Fifth Wnrd-A. J. 8. Brown; B, D. S
Cochrar.;; C, J. H. Valentine.
Sixth Ward A, Cal Thompson; B, E.
Hunger; C, J. G. Bowers.
Seventh Ward A, J. C. Pentzer; B, B. A.
George; C, W. S. PVrrin.
Buda 1 (Princeton) Charles Severln.
Buda t (Halliim) O. H. Temple.
Centervllle Not selected.
Denton Frank Cobb.
Elk A. Otterman.
Grant 1 (Cheney Al Houston.
Grant 2 (College View) Charles Hodges.
Garfield William Porter.
Highland H. H. Sieck.
lancuster No. 1 (University Place) Not
Lancaster No. 2 (Bethar.y) Fuller.
Lancaster No. 3 (Havelock) C. W.
Lancaster No. 4 (Normal) Not selected.
Little Salt R. 8. Oable.
Middle Creek C. L. La una.
Mill Alva Von Curen.
Nemaha Howard Eggleston.
North Bluff Frank Hanson.
Oak J. M. Cameron.
Olive Branch Frank Rejcha.
Panama J. T. Marshall.
Rock Creek David Truell.
Saltillo No. 1 (Koca) Amos Perrin.
Saltillo No. 2 (liickmanl Scott Lelsveldt.
South Pass No. 1 (Holland) Richard
Leisveldt. . .,
South ass No. 2 (Firth) James A. Curtis.-
Stevens Creek No. 1 (Prairie Home)
Jatnes Welch. v . ,,.
Stevens Creek No. 2 (Walton)-J. W.
Stockton U. G. Ellithorpe.
Waverly Not selected.
West Ouk A. 8. Graham.
West Lincoln M. B. Cheney.
ankee Hill-George Williams.
Primary Expense Accounts.
The following expense accounts have
betn filed by candidates at the recent pri
maries: Governor Sheldon, filing fee, 10;
W. T. Thompson, attorney general, filing
fee, t!0; Joslnh M. 8hlvely, candidate for
the republican nomination for land com
mlasioner, A. P. Fltisimmons, can
didate for the democratic nomination for
congress in the First district, SI5; J. A.
Williams, candidate for railway commis
sioner. 460.17: James P. Latta. candidate
for the democratic nomination for congress
In the Third district, $529.07; James E. Del
xell. candidate .for state superintendent,
1260.73; George C. Junkin, secretary of state,
$10; Fred W. Ashton, candidate for congreaa
In the Fifth district. $.'0.95; J. A. VanWag
enen, candidate for railway commissioner,
$37.18; W. F. Cramh, candidate for congresa
in the Fourth district, $10.72: John L.
Pierce, candidate for auditor. $X8.09.
Jnsiah M. Shively. deputy land commis
sioner, before leaving today to rest up
from the effects of his campaign, con
ceded the nomination of Cowles. He said:
"I have he satisfaction of knowing that
I told the people where I stood on ques
tions of interest, and what my action would
he If I were elected. I feel grateful to my
friends for their active support- and to the
many editors, who not only gave me their
personal help, but spoke for me through
their papers, I am especially Indebted."
Comment oa prevher Article.
W. B. Rose has received a copy of the
Mercer (Pa.) Diepatch and Republican,
which contains the following editorial par
agraph: The Bryan democrat In Nebraska r-
(Continucd on Third Fags f
DAKOTA'S FAIR IS GOOD ONE
Exhibits Exceed Anything; Before on
Granada, and Interest la
Shaw la Intense.
HURON, 8. D., Sept. . f8peclal.)rp
until noon Tuesday, Indications pointed to
tins most successful fair In the history of
the South Dakota atate fair board of
Agriculture. The fair opened under favor
abel conditions, and although exhibits wero
not fully In place, on the opening day,
they are now practically all properly cared
for. In some departments space Is too
limited to make ns a good a showing as
desired, but altogether the exhibits are At
tractively displayed, Special exhibits .by
counties are larger than anticipated. Those
from McCook, Minnehaha. Clark, Spink,
Davison, Brown, Clay, Turner, Coddllngton,
Hughes, Beadle and Klngsbrrry counties,
being especially attractive Each of these
counties have given special attention to
farm products and eastern people marvel
at the wonderful product. Of fruit and
vegetables the diaplay exceeds that of last
year, although the season In 'nearly every
section of tho state wa unfavorable to
From the Black Hills comes one of the
most extensive, as well a valuable and
Instructive display of minerals, ores, etc.,
ever seen from that section of the country.
It Is in charge of a man of experience
and at the close of the fair will remain
in this city. It la valued at many thous
ands of dollar and -will be a permanent
fixture of tho fair.
In the varicus department of live stock,
the showing Is especially, good. The number
of horses , and . cattle . exceed that of
former exhibits and .this is practically trua
of swine, sheep and poultry.
The speed'department numbers more than
ISO track horse and . good track records
are expected) i ' . i
.In the wc'aenV departfncnU.ahnwInga
are "of the moat magnificent- character,
the collection being larger 4han heretofore
In needls. w;ork',and fine nrts. Of agricul
tural Implements and machinery, together
with carriages, wagons and other vehicle?,
the displays are very extensive.
STILL AT DEADLOCK IN IOWA
Governor I'nmmlna Gains . One Vote
Over Previous Day In tho
DES MOINES. Sept. 9. After casting one
vote for senator, at which the joint as
sembly of Iowa's special legislature dead
locked, an adjournment was taken until 12
Cummins, 6; Porter (democrat), 46; scat
Cummin gained two vote over yesterday.
Representatives Holme and Wilson (pro
gressives), who were absent yesterday, were
present today and cast their votes for Cum
mins. Tho standpatter voted solidly against
him, scattering their votes, although they
gave the biggest number to Congressman
Walter I. Smith, who received twenty
At the close of the Joint session the sen
ate discussed Dunham' primary amend
ment, which provide that a voter may
vote the republican primary ticket provid
ing he vote for a majority of the candi
date on the regular ticket.
The house today passed the elections com
mittee primary bill, providing for a sep
arate primary ballot, with an oath of party
affiliation aa the party test.
FUNSTON ATTENDS REUNION
Preseat at Gathering; of Fighting;
Twentieth of Kaasaa at
TOPEKA, Kan., Sept. . The most con
spicuous person In connection with the
ninth annual reunion of the Twentieth
Kansas regiment In Topeka today is Gen
eral Frederick Funston. General Funston
Is now commandant of the army school at
Fort Leavenworth am! was formerly con
onel of the Twentieth Kansas. He was met
on his arrival here At the train by a com
mittee in automobiles and taken to the
Country club for luncheon. Following this
General Funston vlnlted the fair and wit
nesses the racea and will be given a recep
tion at the state house tonight.
The program of the reunion of the fa
mous fighting Twentieth for the two days
is Interesting. Captain J. O. Waters will
deliver an address of welcome on behalf
of the' people of Topeka this afternoon and
this evening there will be a reception at tbe
state house. Thursday there will be a sham
battle and asmoker at night. Mrs. A. J.
Barkley, known aa "the mother of the
regiment," Is here from San Francisco.
STRIKE BREAKERS CONDEMNED
Trado Colon Cosgreu at Nottingham
Faases Reaolatloa Against
NOTTINGHAM, Sept. 9. Th Trade
Union congress today paaaed a resolution
condemning th British workmen who en
gaged themselves aa strikebitsokeis In Qur
many and the colonies and. asking Parlia
ment to enact a measure under which th
organisers' of strike breaking movement,
aa well a the men themselves, could bo
prosecuted. The congress voted down a
motion for amalgamation with tbe labor
party, which 1 controlled by tbe socialists.
Two fraternal delegate from tho Ameri
can Federation of Labor, who aro watching
tha proceeding, wore received by tha con-grss
THIRTEEN YEARS OF ILLNESS
For Ion; Period Charles Davii Suf
fen Spells of Derangement.
BB0THES DESCRIBES AFFLICTION
Lather Konntse aya Dr. Rnstln, Laat
Time Ho Hefnned Him Mone),
aid, "Well, I'll Kill My
"For the last thirteen year my brother,
Charle E. Davis,' haa had breakdowns at
Intervals of from six to eight month,
tha last one taking him about ten days
ago. During these period of depression
he haa not been himself and haa beun
Irresponsible and sometimes violent. Dr.
Rustin had been treating htm since about
a year ago last August."
Thla statement was made yesterday by
Fred H. Davis, vice president of the First
National bank, after tha verdict of the
coroner' Jury, in which It waa recom
mended that further investigation be made
of the conduct of Charles Davis on the
night Dr. Rustin waa killed became known.
Mr. Davis was Interviewed in hla office
in the bank and and, while It was an ef
fort for him to apeak of his brother and
of hi unhapplneas, he said he was glad
to give what information he could.
Th statement by Fred H Davis Is also
that of Luther L Kounlso, second vice
president of the First National, who says
that hi uncle, Charles E. Davis, has been
mentally irresponsible. ,
. Luther Kountze called at tho home of
Mrs. Fred Rustin yesterday afternoon
while'., representative of the pres were
present and. Joining In the conversation,
said : that hi uncle had boon ...acting,
strangely for tho last ten day.
"Wo first noticed him muttering to him
self In the bank and h was sent to tha
doctor for treatment," said Mr. Kountze,
"He haa been practically out of his mind
for over a week, as he has been at other
times. He haa been In several sanitariums,
at Council Bluffs and other places, and
I understand haa been violent at times."
Konntse Handled Thla.
Mr. Kountse said nothing at this time
about JJr. Rustin's money matters, but
when Fred Davla was asked if hi brother,
Charles, did not have the handling of the
Rustin accounts, Mr. Davla replied that
Luther Kountze had charge of them.
"Mr. Kountse, who la my nephew, told
me that Dr. Rustin went to him the Fri
day before he waa killed and asked for
"'I can't do It, Fred,' Mr. Kountze re
plied. "You have wrung me dry and I
can't give you another cent.'
" 'Well, I suppose there Is nothing left
for me to do but kill myBelf,' tha doctor
then told Mr. Kountze, 'and the next time
you see me I will be dead.' "
Continuing, Fred Davis told of his
brother' periodical breakdowns and of his
advising him to go to Dr. Rustin over a
year ago for treatment. Prior to the pres
ent breakdown, the last one Charley Davis
had wa last October,- out of which Dr.
Rustin had brought him nicely, said Fred
Davis. When Fred Davis saw his brother
acting strangely ten day ago. muttering
to himself and not knowing what he was
doing some of the time, he sent him again
to Dr. Rustin for treatment. Fred Davla
waa then asked about Charley Davis' do
mestic affairs, but was somewhat reticent
on this soore.
"My brother has not been living with his
family for about six yeara, J think It is,"
he ald. "Their home life waa very un
happy and they separated. There has been
no divorce. We, that Is Charley, is sup
porting Mrs. Charlea Davis and heil daugh
ter. Ye, they traveled In Europe a hort
time and their daughter studied music In
Pafls for a year and a half.
"Mr. Davis came from Indianapolis, but
I know nothing about her people. I can't
remember her maiden name; all I ever
knew her by was Mrs. Lucia B. Davis."
Mr. Davis waa then called to the tele
phone, and when he returned he said he
believed his brother's wife's maiden name
waa Buchte r. The daughter, who Is 21
years of age, is named Eugenia.
Mother and Dnughter on Coast.
"Mrs. Davis and her daughter are in
California. They have be(-n there since
their return from Paris. No, I do not care
to tell you where in California they live
and I do not think you ought to ask me,
but then a newspaper man will ask any
question he has a mind to. I have written
her a long letta giving her the full par
ticular. No, I don't know whether they
will come to Omaha or not. I hardly think
they will. I don't understand that MIhh
Davis Is using her musical education In a
professional way. She does not need to
the family Is being supported.
"I think that Is all I care to tell you,
anyway. I think that Is all I know about
Mr Rustin, when the representatives of
the press called at the home yesterday
afternoon, would see no one, her mother,
Mrs. How of Boston, stating that her
daughter had suffered a collapse elnee her
attendance at the hearing by the coroner's
Jury. Mr. How told of the relatione of
her daughter and Dr. Rustin of their first
meeting, marriage and other family affairs..
Brakeasaa Dies of Injuries.
HARBHAU.TOWN, la.,' Sept !.-( Special
Telegram.) Harry Nutt of Des Moines, a
Oreat Western brskeman, received injuries
at Retnback last night by falling under a
train, from which h died this morning.
Banker Will Be Charged With Killing
of Dr. Fred Rustin.
ARRAIGNMENT COMES TODAY
Vice President First National on Bond
of Five Thousand.
CORONER S JURY LAYS THE BASH
Returns Verdict Rustin Was Killed
by a Man Not Named.
DEATH PACT THEN IS BROUGHT UP
Testimony of Mrs. Rice and Charley
Davis Are Vital Links,
JURY URGES THE LATTER HELD
Without Naming- the Slayer, It Wants
Him Further Investigated.
SUSPECT IS NOT AT ALL EXCITED
Arrested at llrother'a Home, Ha
Walk tn Station and nark,
Spendlaa; Night Cheerfally
, at the Davis flare.
VERDICT IN RUSTIN CASE.
W find that the gald late Fred
erick T. Rustin oam to his death
by a gunshot wound about 3:30
o'clock a. n. on Wednesday, Sep
tember a, 1908,' at or near hi resl--danoe,
4 108 Tarnam itreet, In the olty
of Omaha, coanty of Douglaa, atate
of Nebraska. W are clearly of th
opinion that th shot wa flrsl by
some man with th Intention of pro
A to th manner of how ot by
whom th shot waa fired it 1 our
opinion that th eridanc I too In
definite to dstarmln, hut w recom
mnd that th autaorltle oontinue to
make a thorough investigation a to
th conduct of Char 13. Davla tn
connection with the' circumstance
pertaining to th death of said Trod
rick 1'. Suatin and particularly
bout th tint of th shooting.
PROGRESS OF RUSTIN CASE. '
-- t ..
Coroner's jury took- ease at 11 139
p. in., after listening to testimony
for on and a half hour, Which la
oludcd several Important statement
by nice woman and witnaasea who
completely establishing th fact that
she left Dr. Bust In at lliUO Tussday
availing and did not hl:n again.
Foreman Ed B&ney of th Jury
read the vsrrtlct to Coroner Brewer
at 3:15 p. m., recommending th In
vestigation of movements of CfcaxWa
Chief of Polio Donahue and County
Attorney English confer at th po
lice jtiuion at b o'clock, call th po
lice JuOff to th station and decld
Davi must be arrests!.
Chief Donahu arrests Ckarles X.
Davi at th lic.ue of Fred S. Davla,
623 Sorttu Twentieth txet. '
Judge Crawford fix bonds for Da
vi at 96,000 on advlo of county at
torney and th bond ars promptly
furnished by F. B. Davi.
County Attorney English authorise
statement that he will (11 charge
against Davi Thursday morning
charging him with th killing- of Dr.
Frederick T. Stuatln early on th
morning of Eentember-8.
Davi spend evsniny at hi broth
er's horn, taking hi arrest philo
sophically. Charles E. Davis, born In Omaha 60 yeara
ago, and connected with the moat promi
nent families In the city, was arretted In
connection with the Rustin shooting mys
tery at C o'clock last evening at tho homo
of his brother, Kred H. Davis, vice presi
dent of the First National bank, CJ8 Boutli
Twentieth street, by Chief of Police Dona
hue, walked to the atatlon accompanied by
hi brother and the chief, was booked as a
suspicious character, taken before Police
Judga Crawford and released on a lo.OuO
bend, signed by the brother. This morn
ing he will be charged with the killing of
County Attorney English authorised this
stJtemint in connection with the arrest:
"Jn view of the vtidlct of the coroner'
Jury, finding that Dr. Rustin wa killed by
a man and recommending that the authori
ties make a thorough Investigation as to
the conduct of Charlea K. Davis In con
nection with tho circumstance pertaining
to the death of Dr. Rustin, we thought It
necexaary to make the arrest and get the
matter into court a aoon aa pobsible that
the Investigation may proceed.
"Aa to the chargo which yHIl be filed
by me Thursday against Mr. Davis, I do
not know Just what form will be used, but
he will be charged with killing Dr. Rustin.
TIiIk must he done that he may be given
a hearing in the courts and the Investiga
tion made which the coroner's Jury recom
mended." Suspected Man Cheerful.
Charles Davis had nothing particular to
say on or ufter his arre.it of any Interest.
He a;iar(l to bo In a cheerful frame of
mind and took the matter quite philosoph
ically. He spint the evening with the
family of his brother. Fred Davis, at the
beautiful homo on South Twentieth street
and chatted and joked and gave not tha
least sign of being a man arrested on sus
picion of taking another man's life, or one
who had repeat Jly designed his own de
struction. "My bi other has nothing to say." said
Mr. Fred Davla laat night. "He Is here
in the home, spending the evening with the
family Just as his custom. He Is In a
cheerful mood and that's all there la to It.
You see. In arresting him they are simply
looking from the viewpoint of the possi
bility of tilings. Of course, we all know
what a coroner' Inquest la, Tou can't in-
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