I
he Omaha Daily
HEWS SECTION.
Pzgss 1 to 8.
Tor all th New
THE OMAHA DEE
Best ,& West
I
VOL. XX XVI II NO. 74.
OMAHA, SATURDAY MORNING, SEITEMBER 1
V,. SIXTEEN
TAGES.
SINGLE COrY TWO CENTS.
, V JfcV -
TAFT TO MEET BRYAN
SUMMARY OF THE DEE
Saturday, September 12, 1008.
TOWN OF HARMS BURNING
"Now, W'4 Will the Little Ball Be, Gentlemen?"
PLEA OF M GUILTY
i
Condition in Minnesota Woods As
Both Candidates to Attend Banquet
in Chicago October 7. '
Charles E. Davis Formally Denies
1908 SEkDBTRs 1908
suming More Dangerous Fhase.
Murder of Dr. Fred Rustin.
Bee
5s&T s'fW,i. if I ) ' l
StX tfaY 7H Ufa HflC St
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CANADIAN TOWN SURROUNDED
GUESTS OF BUSINESS MEN
ARRAIGNED AND GIVES BOND
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Occasion it Annual Feait of Associa
tion of Commerce.
WILL TALK ON WATERWAYS
Affair is
Part of Lake-to-Gulf
Convention. -
TAFT HAS SEAT OF HONOR
An Repent Member of Adnlalitratli
He Will Re (ilwn Beat . at
RlKht of ' the Tonat-. . .
master, - . .
CHICAGO, Sept. 11 For the first lime In
the history of modern politic tw6 rival
candidates for the presidency will meet at
the lame board and with the name audience
when William H. Taft of Ohio and William
J. Bryan of Nebraska are to be guests of
honor at the annual banquet of the Chicago
Association of Commerce at the Auditorium
on the eenlng of October 7.
Thin announcement was made today at
the headquarters of the Chicago Association
of Commerce, which organization already
had assurances of the presence of the two
presidential nominees on different days for
the third convention of the Lakes to Gulf
DcepWaterway association, for Which the
Association of Commerce will act as host.
J Brln, Candidates Aeeept.
It already had been announced that Mr.
Tart would open the convention on the aft-
ei'.iObn of October T and that Mr. Bryan
would close It on October 9, and that Mr
Taft would be the guest of honor on the
evening of October 7. Mr. Bryan's iiccept
a nee of the dinner Invitation, however
assuring a notable occasion, came as a
pleasant surprise. Mr. Taft's acceptance
was obtained by President Richard C. Hill,
Vive President E. C. Conway and Secretary
Wilder of the association, who returned
from Cincinnati yesterday. The long-distance
telephone figured prominently In the
negotiations to secure the presence of Mr.
Rryan. The Invitation had been under seri
ous consideration of Norman E. Mack,
chairman of the democratic national com
mittee, for soma time, and at a late hour
he called Mr. Bryan, then at Terre Haute,
Ind.. on the telephone. Mr. Bryan, who
had retired for the night, dressed himself
and answered the call. He was Informed
as Mr. Taft had been' that the banquet
would be a nonpolltlcal one, and that it
would be held under the auspices of a non
partisan, organization. . He readily agreed
to, attend. -The deep waterways project la
favored by the leaders of both parties, and
Is not, therefore? a subject over which any
political diviejou I-eKpeeted. - .
Toft Has' lent Of Honor. .
There will be no question as to which of
the candidates will occupy the right hand
oat. It will occupied by -Mr. Taft at the
expressed wish and with the full approval
of the cemocratlc nominee and his friends.
Chairman Mack declared today that Mr.
Taft, as a recent member of the present
administration, was clearly entitled to the
place of honor at the feast. The .Ohloan,
therefore, will sit at the right hand of
President Hall and the Nebraskan on the
other. ' '
The meeting of the two candidates will
eiffir from the meeting of the national
candidates la the state of Illinois forty
eight years ago, when Abraham Lincoln
ar.d Stephen A. Douglas began their famous
debates, by reason of the Inhibition placed
on political discourse.
pieeident Hall said this afternoon that
he was greatly pleased with the success of
the association's plana and that an at
tendance of about . 1.000 persons was ex
pected. In addition to the great banquet
room of the Auditorium the rooms adjoin
ing on the ninth floor of the Fine Arts
building have been secured and the whole
will be thrown together for the occasion.
H'CORHICK COUNSEL" ACTION
Chlca.ro Editor Calls Organisation of
Bryan Underestimated.
NEW YORK, Sept. ll.-Chairman Hitch
cock at republican national headquurters
hero today Introduced to visiting news
paper men J. Medill McCormick of the
Chicago Tribune, who gave his views con
cerning the political situation in the west
According to Mr. McCormick, a great
deal of work will have to be done "all
down the line," In order to maka central
and western states safe for Taft. The or
ganization perfected by Mr. Bryan has
been under-estimated, said Mr. McCormick,
who added that all of the democratic forces
are striving harmoniously In Bryan's In
terest.
Mr. Hitchoock had a long talk with Mr.
McCormick today and as the result of some
of the reports made about conditions In
Illinois. Wisconsin, Minnesota and Iowa
he will leave New York Sunday for Chi
caga, where he will spend a week at west
ern headquarters. s '
Thomas Parran, chairman of the repub
llcan state committee In Maryland, , ex
pressed the opinion at the New York bead
quarters today that the electoral vote in
his state is safe tor Taft. I
BRYAN E.NTtuKS STATE OF OHIO
Well on Way to Colambns Before
Caadldata Awakes.
PARIS. O., Sept. 11. William J. Bryan
entered the native state of his chief op
ponent shortly after 6 o'clock this morn
Ing. Mr. Bryan was well on his way t
Columbus, however, before he awoke, and
was told that he was tn the camp of the
enemy. The soundness of Mr. Bryan
sleep wss due to the fact that after
O'clock this maralng political developments
necessitated his getting up, dressing and
holding a long distance telephone conversa
tion wita Chairman Mack, who was In
Chicago.
COHOCTON, O.. Sept. 11 A crowd greeted
William J. Bryan upon the arrival ot his
train at this pJace. He started In to shake
hands, but the demands tor a speech were
so Insistent that he yielded. Mr. Bryan
declared that the cordiality of this greet
ing would indicate that the campaign has
already opened 'here and that this crowd
had already formed an opinion as to what
It ought to io on election day. "We have
been very much encouraged," said Mr.
Bryan, "by a fact that reports from all
directions Indicate that the trend of the
change is toward the democratic, party and
that la Itself is ' very significant thing.
This change Is not found In any particular
element of the people. It Is not confined
(Continued on Third Page.)
6 Z 8 & 10 1 12
13 U 15 16 1Z 18 19
20 21 22 23 21 25 20
ZZ 28 29 30 - -
TXB WIATHEK.
FOR OMAHA. rnt'Nni. RI.T'FFS AND
VICINITY Fair Saturday.
OR NERRASKA Far Saturday.
FOR JOWA-Fulr Saturday.
Temperature at Oninha yesterday:
Hour. l'e.
67
OA
64
75
79
M
SO
9)
92
93
91
M
M.
VOLlTXCAla.
Judas Taft and W. J. Bryan, opposing
candidates for the presidency, will both
attend a non-political banquet at Chicago
irrm1 by the Chamber ot commerce.
age
Judge Taft announces he will certuinly
make a trlD west during the campaign
and visit Nebraska, but the trip east and
south has not yet been determined.
rage i
W. J. Bryan makes a speech at Wheel
Inr. W. Vs.. after a day's ride througn
Ohio, where he addressed numerous gath
erlngs at the stations. Pags 1
It was announced at Chicago that Mur-
phy and McCarren had patched up a tem
porary truce for the purpose of harmony
at the Rochester convention, but Mur
phy denies that Mr. Conner can patch up
anvthlrrer for him. 1,S a
DOMESTIC. .
Bush fires are still burning near Grand
Marals. rs 1
Flying machines for six persons are
coasible. .according to the statement of
Orvllle Wright. fe a
Harry Thaw may be in contempt of
court because of his failure1 to apiear in
Pittsburg at the bankruptcy hearing.
r-e 1
.Amsterdam bank of New York ha al
ready paid 90 per cent in dividend! to
creditors. Page 1
ro&EXQir.
Kaiser Wllhelm arranged to enter
French territory for a view from the top
of the Schlucht mountains. - . . .Tjs
Qregort, who attempted to aiaabiriate
Major Dreyfus at the Zola ceremonies at
the Pantheon, has been acquitted, rag's I
Protestants! of England keep up their
fight against the Catholic meeting ap
pealing to the home secretary tp prevent
carrying of the host through the streets.
STSBKASZA. '
County judges-of state organise to
cure desired amendments to laws, rage 3
XtOOAX.
Charles E. Davla arraigned on charge ot
murdering Dr. Frederick T. Kurfllu and
pleads not guilty. Dr. Lord declares he
resembles the man he saw near the Rus
tin residence shortly after the murder.
rag's 1
Work on the new Izard street sewer, In
tended to drain the north part ' of the
city, will be finished In a month, rage
'Men interested In river navigation meet
to discuss locution of harbor Hue at
Omaha. rage 7
Official canvass of primary vote shows
Holllster will win for county attorney if
rejected precinct Is not Included by the
board and. contest may result. rafe 8
Annual meeting of Union Pacific stock
holders will be held October IS to elect
directors. rage 8
BFOJtT.
Results of the ball games:
8 Sioux City vs. Omaha 2.
8 Lincoln vs. pueblo 2.
4 Dea Moines vs. Denver 2.
3 Pittsburg vs. Cincinnati 1. .
5 Chicago vs. St. Louts S.
New i ork vs. Brooklyn 1.
7 Philadelphia vs. Boston 2.
4-1 New York vs. Boston 2-5.
-0 Washington vs. Philadelphia 1-T.
4 Chicago vs. Detroit. 2.
4 Cleveland vs. St. LouU 1.
12 Milwaukee vs. St. Paul 7.
11 Minneapolis vs. Kansas City 0.
4 Indianapolis vs. Louisville 1.
11 Toledo vs. Columbus 6.
rags
oosrcxxcxAX ajts xksvstkxax.
Live stock markets. rage 13
Grain markets. rage 13
Stocks and bonds. rage 13
XOYXBfZHTS
Port
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MBW YOKK
KBW YOKK
NKW YOHK
new York
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southampton..
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Mar. Washington
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battle
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(4U. KNtfTOWN
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WORKMAN'S GRUDGE IS COSTLY
Changes Server Stake and Railroad
Tnaael Near Heidelberg; Goes
Amis.
HEIDELBERG, Sept. 11. An act of re
venge on the part of an Itallun laborer be
cause he considered he had been dismissed
without cause has cost the government of
Baden the sum of 1S73.0X). The, government
has been const ructhtg a railroad tunnel
through the Black Forest mountains, work
ing tn from each end to meet in the center.
It was discovered today that the two
halves, which should come together at the
village of Forbach, miss each other by
twenty-six feet. The reason Is a mistake
in the survey which arose from the pur
poseful misplacing of a surveying pin by
the Italian who had a grudge atainst the
government".
DIVIDENDS NINETY PER CENT
Receiver pward of Amsterdam
National Mearly Pays Oat
Creditors. v
WASHINGTON. Bept. 11. Receiver Ed
trdi of the New Amstordam National
bat k of New York and Comptroller of the
Currency Murray today d. kled to at once
draw checks to the creditors of the New
Amsterdam National bark for an addi
tional dividend of .40 prr cent. There has
already beu paid by Receiver Blwards
M per cent to the creditors ar.d this pay
rrxnt of 40 per cent makes a tutal of to
per cent paid to the creditors In sbout
seven mvnlhs after the fuilure
I- . I
.u 5 - m
K-s. Ts So. m
v u' J Trl t - m
f-t t t a. m
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Vcs f 1 P- m
jpHY 8 p. m
JKr 4 P- m
J '8 p. m
s 6 p. m
jsadfcr"""--, 7 p. m
8 p. m
9 d. ni
Bank In Rrery Direction Ablase, Many
Camps Destroyed sail Port Arthar
and Fort Williams Are In
Dancer.
BILLKTIN.
DULUTH, Minn.. Sept. 11. The town ot
Grand Marals Is on fire. Latest reports say
the fire has overwhelmed the fighters and
the outskirts of the town are burning. The
town appeared to be doomed and It Is
feared the morning will see the citizens
homeless.
Bt LLF.TI t.
DITLUTH. Minn., Sept. 11. Beaver Bay,
on the north shore ofLake Superior, eighty
miles northeast of Duluth, Is reported to be
burning.' The citizens have appealed to
Governor Johnson for aid. The Booth ship
American has gone to the rescue. Fires
rage all over Lake and Cook counties.
Hundreds of homesteads have been burned
and 2,000 people are homeless. Grand Ma
rals, 100 miles from Duluth on the north
shore, Is surrounded by fires and the train'
lng ship Gopher Is taking the citizens on
board.
PORT ARTHUR, Ont., Sept. 11. Bush
fires surround Port Arthur and Fort Wil
liams, and all day yesterday firemen and
citizens fought the flames. The whole
country east and west Is ablaze and the
fire Is gaining headway. On Thunder Cape
the whole section is lighted up with flames
from forest fires. East of here along the
Canadlnan Pacific railway It la reported
that the worst forest fires In the history of
the country are now raging and that thous
ands of dollars worth of timer is ablaze.
Along the Duluth extension several vil
lages are threatened. According to a re
port received the fire Is only a short dis
tance from the village of Hymers. From
the International boundary to Hymers, a
dlstsr.ee of thirty miles, the whole country
Is ablaze.
Forest fires destroyed the camp owned
by George Mooring on Pigeon river yester
day with the complete outfit. One camp
owned by the Pigeon River company and
located on Arrow river was today totally
destroyed, while another owned by the
same company was partially destroyed.
The fire on Thunder Cape Is still burning
and Silver Inlet buildings, art believed to
be in great danger. The city Is shrouded in
smoke. '
SERIOUS CONDITIO
HILLS
i
Soldiers from Fort Meade and Citizens
Fighting; Fires.
STUliGIS. S. D., Sept. 11. (Special Tele
gramj The forest fire which started early
in the week near Mumford Mills, near
Galena, and was at one lime under control,
broke out anew last night and Is burning
woree than ever. Four troops "of the
Fourth cavalry have 'beat out-all day and
will be relieved tonight by 'others. The
fire Is now In the military Wood reserve,
doing crest damage to timber and cord
wood. : A great scope of country has been
burned over, with heavy less in timber.
It seems nothing but a heavy rain will
put the fire out. The Homestake company
Is said to be offering men 60 cents an hour
to go and protect Its property.
LEAD. S. D., Sept. ll.-C --;al Tele
grain.) The forest fires which for the last
week have been raging in the vicinity of
Lvad tonight assumed a more threatenelng
aspect and the Homestake Mining com
pany has sent a train load of men, pro
visioned to stay for several days, to the
scene of the conflagration. The fire, which
Is sweeping down Bare Butte creek, jls
being; fought by all of the soldiers that
can be spared from Fort Meade, while
that around the mining town of Galena Is
being oombatted by hundreds of people
from Dead wood and Lead. One of the most
serious tires is rsglng In the vicinity of
Nahant, a town along the line of the
Burlington road and In territory covered
by timber claims owned by the Homestake
company.
GREGORI ACQUITTED IN PARIS
Freed of Charge of Attempting; to
Asaasalnate Major Dreyfns in
'Pantheon.
PARIS, Sept. 11. Louis A, Gregorl was
today acquitted of the charge of attempt
ing to kill Major Dreyfus at the pantheon
in this city last June.' During the cere
monies at the pantheon In connection with
the canonization of Emile Zola, Gregort
fired two revolver shots at Dreyfus, ens
ball taking effect In Dreyfus' wrint.
The presiding Judge continued tcday as
yesterday, to rule out all attempts to re
open the old Dreyfus Issue, and there was
considerable turbulence in the court riom
aa witness after witness was suppressed.
These Included M. Berteaux, former min
ister of war, and Colonel Dupaty De Clam.
Henri Rochefort took the stand for the de
fense. The advocate general. In summing up
the case tor the stats, characterized
Gregorl s act as a vulgar sttempt ut as
sassination.
SPECULATION TAKES ANOTHER
aasluaw Building; Association Secre
tary Confesses ISmbesslement
to Directors. '
SAGINAW, Mich., Sept. H.-The board
of directors of the People's Building and
Loan association of this city last Qight
announced that the association's secre
tary, George L. Little, had made a writ
ten confession to the directors that he
had embezzled IU.000 of the stockholders'
funds, using the money In stock specula
tion. The publication a few days ago that
Little waa an unsecured creditor of the
failed brokerage firm of Cameron, Currle
at Co. of Detroit for upwards ot tti.OOft
caused the directors to make an examina
tion of Little's books. Little waa arrested
last night and la now awaiting action by
the bond company which holds his In
demnity bond. The loss to the associa
tion la fully, covered by the bond.
ABD-EL-AZIZ WILL GIVE UP
Aaneuaree He Will Abandon Fight
- Against Mala! Haftd In
Bf eroeeo.
CASA BLANC A, pt. ll-Abd-El-Azlz.
the former sultan of Morocco, has written
a letter to Mtnugi, ens of his leaders,
thanking him for his support, but saying
that he had decided to abandon the strug
gle. Mtougi replied thst he would never
submit to Mulal Hafid, and It Is believed
that he Intends to enter the field again
against tbs ntw ruler of the empire
Chicago Examiner.
TAFT COMES TO NEBRASKA
Candidate Will Visit Antelope State
on First Speaking Trip.
MAY EXTEND TO THE ' COAST
Towns Also to Be Made Kast and
Sonth Vorys Goes to New York
to See Hitchcock About
Details.
CINCINNATI. Sept. ll.-Candidate Taft's
first speech making trip will be through
the west. A. 1. Vorys left here for New
York today to personally represent the can
didate bo f oio the national committee in
arranging this trlp?whjch "Will- take WSt
least the states of Missouri, Kansas,. Ne
braska, Iowa, Illinois and Indiana. .
Two other trips are being planned, one
through the eastern states' and another
through a number of southern states.
These, however, will not be worked out
until the western Journey has been ar
ranged. Judge Taft and National Chair
man Hitchcock had a conference tiday
over the long distance telephone, the re
sult of which was the hurried departure
of Mr. Vorys for New York.
"Mr. Vorys having been with me for
some time, knows exactly my Ideas for
this trip," trudge Taft explained, "and It
was regarded as more satisfactory that he
should go to New York and take up the
details of the trip with the committee. He
will bring back with him, probably Sun
day, the result of the committee's de
cision." May Ge to Coast.
It was said that Mr. Vorys took with
him no specific recommendations from the
candidate. Ma. Taft wave It as his opin
ion thst his western trip would, extend as
far west as the coast, although he was
not certain. Mr. Vorys will also confer
while in New York with John Hays Ham
mond regarding the work of the national
league of republican clubs, of which Mr.
Hammond Is president.
Secretary Straus ot the department of
commerce and labor, anrl T. V. Powderly
of the Immigration senics will he here to
morrow. Oj K. Shlmansky, chairman of the pub
licity bureau of the republican state com
mittee, called on Judge Taft today and
told the candidate that the most encjurag
Ing news was the meeting at Columbus
yesterday of fifty republican editors, who,
without a single exception, announced thtlr
intention to support the entire republican
ticket. Many of these editors, Mr. Shl
mansky said, had been classed previously
as antl-Taft.
Judge Taft Basy on Details.
The "underground" work of the cam
paign, such as communication with
various county organizations In Ohio
who wish to come to Cincinnati,
suggestions to and from the na
tional committee, which Is arranging the
Itinerary ot Judge Taft, and calls from Cin
cinnati politicians and friends constituted
the program of the republican candiU.tto
today. His first caller was Mr. Cotterman,
director of posts of the Philippine Islands,
who Is passing through the city.
Judge Taft todsy accepted an invitation
to address the Ohio conference of the
African Methodist church at Allen temple,
this city, next Tuesday evening. The Invi
tation was extended today by a committee
of the conference headed by Rev. C. F.
Gee of Greenfield. O., who told Judge Taft
that the negro vote of the state, would be
as solid as ever for the republican ticket.
"I have been all over the state and parts
of Pennsylvania and Virginia." he said,
"and the sentiment of our people Is 99 per
cent In favor of the republican ticket."
Th econference will be attended by min
isters of the denomination from Ohio, In
diana, Pennsylvania and Kentucky.
FLOOD DANGER NOW OVER
No Liven Lost and Damage Will Not
Exceed Six Thousand nt
Jacksonville.
JACKSONVILLE. Kla.. Sept. ll.-No lives
loet, no one Injured, IS.OtO property loas and
the streets practically clear of water, sum
marizes tl.e situation so far as the flood Is
concerned todsy. Yesterday the situation
looked serious, for 1! Inches of wated had
fallen In two days snd streets in the sub
urbs were flooded, cellars were under watt r
and the main business portion ot .the city
was threatened. "
The rain stopped last night and by morn
ing practically all the water had drained
off the flooded district and Jacksonville
citizens looked with relief on the situation.
THAW MAY BE IN CONTEMPT
Meetlno- ot Creditors Held at Pitts,
burn- and He Does Not
Appear.
PITTSBURG. Sept. U. The second hear
ing In the bankruptcy1 case of Harry K.
Thaw was held today before Referee In
Bankruptcy W. R. Blair. Two attorneys,
with Attorney W. C. Balrd of Pough
keepsle and A. P. Meyer, of Stone sV Stone,
were present.
'Attorney Boyd asked what bad been done
with a view of bringing the -bankrupt to
attend the 'meeting of his creditors todsy.
Referee Blair Informed him that Attorney
Meyer had personally served notice '. on
Thaw at the Jail In Poughkeepsle. At
torney Boyd, who represents H. N. Blaln,
proprietor of a restaurant at Poughkeepsle,
then called. Referee Blair's ' attention, to
eectTufV 41 of the Bankruptcy act, and al
leged that the absence of Thaw from the
meeting today practically amounted to
contempt. He asked the referee to Issue
a certification of the proceedings, so thst
It might be brought to the sttentlon of a
Judge In the United States district court,
who might take proper action on learning
that the bankrupt had felled to put In an
appearance.
Referee Blair said he did not think It was
altogether right and fair for a petitioner
in bankruptcy to be cited for contempt of
court five minutes after the calling of a
meeting of the creditors, at which he had
been asked to bo present He said that he
would refuse th? certificate and requested
Attorney Boyd to be sure of each step he
took In the proceedings.
Attorney Boyd jthen left the referee's of
fice, with a promise to return leter.
POUREN'S CASE MAKES TALK
Friends of Russian Urge that He Be
Not Gl-een Up to Agents of
the Cser.
NEW YORK, Bept. . ll.-Under the
auspices of the "Pouren Defense Confer
ence," composed , of friends and country
men of Jan Pouren, the Russia peasant
refugee whom United States Commissioner
Shields has ordered deported to Russia,
there to answer charges brought by the
Russian government, there will be held
tonight in Cooper Union a mass meeting
to aid In the protest sugainst the extradt
tlon of Pouren. Fouren's oase, say his de
fenders, involves the question ot political
asylum.
It Is asserted on behalf of Pouren that
the crimes of burglary, arson and at
tempted murder which are charged asatnst
him by the Russian government were po
litical offenses, committed by Pouren ss
a revolutionist in the uprising in the Bal
tic provinces In 1906 and 1906. Soon after
his arrival In this country as a refugee
from Russia Pouren was found by Russian
spies, arrested, thrown Into Jail, and re
cently. Commissioner Shields' decision In
favor of the Russian government waa
handed down. 1
BOOM TIME MORTGAGES GOOD
Kaunas District Jude Holds They
Mur Be F. a forced Against
Present Settlers.
JOHNSON CITY. Kan.. Sept. ll.-Judgj
William H. Thompson of the Thirty-second
Judicial dl-strid today decided thst th
mortgage speculators csn buy up old and
forgotten mortgages given twenty years
ago In boom days and force the new set
tlers In western Wansas, who hold titles
under sheriff sales and slmular documents,
to pay these mortgages or get off the land.
More than half the litigation In western
Kansas counties Is over these mortgages.
- Judge (Thompson's opinion Is that the
present holders of these old mortgages
hold them purely as speculators, having
bought them for little or nothing from the
original holders.
The title ot the case is Van Hall and
Huffman against Frank L. Cessna, Peter
Goerts, et al. . The original mortgage was
given in 1868 and bora 12 per cent Interest.
DE REUS ON UNATTACHED LIST
Government of Netherlnnds Retires
Minister ' Who Precipitated
Trouble with Veaesaeln.
THE HAGUE. 8pt. 11.- It wss amouncej
that J. H. DeReus, former minister of The
Netherlands to the Republic of Venezuela,
who was expelled from that republic by
President Castro In July of this year be
cause of a letter he wrote to a commercial
society of Amsterdam, criticising adversely
the Venezuelan administration, has been
"honorably relieved" of bis duties and
placed on the unattached list.
DEGREE OF HONOR POLITICS
Warm Contest is on for the Office of
Grand Recorder.
BIG BRIEF IN MILES WELL CASE
Lawyers on One Side Toko Three Hun
dred Fifty-Three Pae to Tell
the Court . Their Side
of the Story.
(From a Staff Correspondent.) ,
LINCOLN, Sept. 11. (Special.) The
fight between Mrs. Hattle Woolley of
Lincoln- and Miss Teresa Hempel of
Plattsmouth for the offlc of 'grand re
corder tf the Degree of Honor, Ancient
Order United Workmen, has reached the
fever heat stage and the developments
of the laat few days show that Mrs. Mary
Latky, grand chief of honor, has taken
a hand and has endorsed Mrs. Woolley
for the plsce. ' Another development is
that Governor Sheldon has withdrawn his
name from a circular being sent out by
Mrs. Woolley endorsing her and he has
written a letter to Miss Hempel saying
that If she desires re-election he hopes
she will be successful In her contest.
The Degree of Honor grand lodge meets
In Lincoln October 7.
Mrs. Woolley, who Is after the position
now held by Miss Hempel, has sent out
a circular letter In which she stated
that "It seems to be the general con
census of opinion that there will be i
cnange in tne ornce or the 'grand ro-
.corder at the coming session of the grand
lodge, the present Incumbent having held
the position for ten years." She then
announced her candidacy and referred the
reader to the following for an endorsement
of. her: G. L. Sheldon, governor; H. J
Wlnnetf, W. B. Rose, F. W. Brown, U
O. Powell, J. E. Miller and W. T. Auld
On the bottom of the circular la this In
eortption. ' "Approved, Mary A. Latky,
grand chief of honor."
Miss Hempel, who Is an old-time friend
of the 'Sheldon family, at once wrote
Governor Sheldon and received the fol
lowing In reply:5 '
LINCOLN, Sept. ' 8 Miss Hempel,
Plattsmouth, Neb.: Herewith enclosed Is
a copy of the letter which I wrote to
Mrs. Woolley. I hope this will straighten
matters out. Had I known that vou de
sired to continue as recorder I certainly
would not hsve signed my najno to any
one's recommendation to that position.
Hoping you may be re-elected. If that Is
your desire, 1 am, verv respectfully yours,
O. L. SHELDON, Governor.
Ths letter enclosed was as follows:
Mrs. Hattle Woolley. Lincoln. Neb. Dear
Madam: Inasmuch as Miss Hempel of
Plattsmouth has Informed me that she
desires to continue In the office ot grand
reoorder of the Degree of Honor. 1 re
spectfully request that my name be with
drawn from the endorsement recently
given you.
When I signed your endorsement I did
not know thst Miss Hempel was the grand
recorder. As I told you, I am not a mem
ber of the Degree of Honor and do not
know much a'.. out the in and outs of
the officers. Very repectfully yours,
il f c ii L r I hi
Big; Brief la Miles Will Case.
One of the largest. If not the largest
brief evr filed In the supreme court was
filed this morning in the Miles will esse
by the sttorneys for the appellants John
Lee Webster, John H. At wood, Reavls sr
Reavls, I. J. Rlngolsky snd Joseph H.
Broady. The brief contains 353 pages be
sides a complete index of seven pages, and
one page of apology to ths court for the
length of the "book."
The suit Is an appeal in a proceeding In
equity to set aside the probate of a will
of Stephen B. Miles, who died at Falls
City In im. leaving an estate valued at
11,000,000. He wss the father of two sons
nnd two daughters Joseph Miles and Dan
iel A. Miles and Vlctorlne and Caroline.
The daughters died before the father, but
their descendants are parties to the suit.
Stephen Miles made a will at Rulo in IteS
and shortly after his death this will was
offered for probate. Those contesting this
Rulo will contended that Stephen Miles
made a second will In St. Louis at the St.
James hotel In 1S37, which revoked the Rulo
will.
The two questions for the court to de
termine was whether a will was executed
in St. Louis, It not having yet been pro-
j ducer. and second. If It was executed does
it revoke the Kulo wlUT In the county
court, the district court and the supreme
court the Rulo will his been upheld. The
cause was retried in the Richardson county
district court In July, 1907, and the decision
of the court was that the plaintiffs were
not entitled to have the Rulo will set aside
and ths case comes up on appeal from that
decision. It bag been before the supreme
(Continued on Tblrd Page-)
Bail is Placed at Seven Thousand by
the County Attorney.
CRAWFORD FOR SMALLER, SUM
Police Judje Thought Five Thousand
Dollars About Right.
PRELIMINARY SET ' FOR SEP. 24
Dr. Lord, After Scrutinising; Charles
Davis, Says He Looks Like the
Man He Met Coming; East
That Morning.
"HE RESEMBLES THE MAN."
Br. Lord gazed steadfastly at Cnar
ley Davis as as was walking1 to the po
lice station, observing everything he
oo old about his carriage and manners.
After he got in the police court the
doctor continued tn his scrutiny of the
man. Xe kept his syss riveted on him,
seeming to note every lineament and
movement of his facs, every detail of
hit pose and dress. After thus surrey
inf his man Sr. X,ord replied to Chief
Donahue's interrogatory of "Wellf"
"Th, that looks very much like the
man I met coming east on raraam
street as I was hastening- to the Bus
tin horns that morning."
The doctor spoke with deliberation
and smphosls. Afterward to The Bee,
Sr. Lord soldi
"Tee, the resemblance was very
strong;.''
"Not . guilty" was the plea entered for
Charles E. Davis In police court Frldsy
morning by his sltorney, Isaac E. Cong-'
don, when the banker was srralgned and
charged with the murder of Dr. Frederick
T. Rustin on the morning of September S,
County Attorney James P. English having
Just filed a complaint charging murder in
the first degree.
Sergeant Whalen was handed a warrant
as soon as the complaint waa filed by the
county attorney and Davis was arrested In
the office of the police clerk on the charge
of murder, having been held since his ar
rest Wednesday evening simply on the
charge ot being a suspicious chsracter.
As the county attorney dealred to give
the police department an opportunity to se
cure additional evidence and maka a thor
ough Investigation of Davis' movements,
the hearing wis set st the suggestion of
Chief of Police' Donahue for Thursday,
September U. Davis was releaaed on a $7,000
bond, which was signed by his brother, F.
H Davla, and by himself. Judge Crawford
saying that he believed such a bond a ,br :
uiiicienuy rugn to noia ma mun cuaurgeu ''
with first degree murder. .
Text of Complaint.
, This Is the complaint read by County At
torney English when Charles E. Davis
stepped to the . bar In police court, standing
between his ' attorneys, Isaac K. Congdon
and W. F. Gurley:
' That Charles B. Davla on or about Sep
tember 2, A. D. 19u6, In the county aforesaid
and within the corporate limits of the city
of Omaha aforesaid, then and there being
In said county, then and there In and
upon one, Frederick Rustin. then snd there
being, unlawfully, feloniously, wilfully,
maliciously, purposely and of deliberate and
premeditated malice did make an assault,
with Intent him, the said Frederick Rustin,
then and there unlawfully, feloniously, wil
fully, maliciously and purposely and of de
liberate and premeditated malice to kill and -murder:
and he, the said Charles K. Dsvls,
a certain pistol then and there loaded and
charged with gunpowder and one leaden
bullet, which said pistol he, the said Charles
E. Davis, then and there In his right hand
had and held, then and there unlawfully,
feloniously, wilfully, malioiously, purposely
and of deliberate and premeditated malice
did discharge and shoot off at, to, against
and upon the right side of the abdomen of
the said Frederick Rustin; and that he, the
said Charles K. Davis, with the leaden
bullet aforesaid, out of the pistol aforesaid,
then and there by force of the gunpowder
aforesaid, by the said Charlea E. Davis
discharged and uliot off as aforesaid, then
and there unlawfully, feloniously, wilfully,
maliciously, purposely and of his deliberate
and premeditated malice did strike, pene
trate end wound the said Frederick Rustin,
with the Intent aforesaid, then and thereby
givlntr to the srdd Frederick Rustin, upon
the right side cf the abdomen of him. the
said Frederick Rustin. thence through the
abdominal wall, and the right lobe of the
liver, and through tne vena cava or mm,
the said Frederick Rustin, a mortal wound,
of which said mortal wound he, the said
Frederick Rustin on said 2d day of Septem
ber, 190H. In said county of Douglas and
state of Nehrsska dld; and the said
Charles F,. Davis, him. the said Frederick
Rustin, with the Intent aforesaid. In the
manner and bv the means aforesaid, then
and there unlawfully, feloniously, wil
fully, maliciously, purposely and of his de
liberate and premeditated malice did kill
and murder.-
Plea of Not Guilty.
When the county attorney had flnishsd
reading Judge Crawford asked the prisoner
to plead. Davis was motlonlesa Attorney
Congdon said:
"We wish to enter a plea of not guilty,"
"Are you ready for the hearing?" asked
the court,
"We are ready at any time which suits
the convenience of the county attorney,"
said W. F. Gurley, the other attorney for
Davis.
The county attorney replied:
"I desire to fix the date to suit the con
venience of necessities of tbe police depart
ment, far enough In the future to give It
time to secure what evidence It can for tbe
preliminary hearing."
lie then called fur Chief Donahue. The
chief, said:
"I would suggest that ths hearing be
held two weeks from yesterday, September
Zt, which will give us sufficient time."
This late was agreed upon and the court
asked the attorneys for Davis if they de
sired to offer ball and the county attorney
If the man could be released on bond with
a charge of first degree murder against
him. Mr. English refilled:
"JThe charge hers Is first degree murder,
but the case presents many peculiar fea
tures. I have filed this according to our
rule to file the extreme charge In order to
rnva, whatever clears of homicide that
may be developed. The constitution of Ne
brsska perniita ball In first degne murder
rx'ept where the evidence and proof are
absoluto at the time of arrest."
. Crawford Favors Small lloud.
When the attorneys for Davis said they
desired to furnish bonus and were ready
to furnlt-h them In any amount Judge Craw
ford said:
"I believe the presunt bond ot ,0U0 Is
sufficient to insure the presence of Davla
at the preliminary hearing. He is hers
this morning."
"The bond might be made higher," said
the county attorney,' "1 would suggest
1
)