Nebraska Newspapers

    The Omaha Daily Bee
PART I.
WILCOMI AT OPPICI
Ak-Gar-Dcn Visitors
HEWS SECTION
PAGES 1 TO tO
OPCN DAY AND NIONT
VOL. XXXVI II NO. 8G.
OMAHA, SATURDAY MOKNIXO, SEPTEMHfcR 26, 190S TWENTY PAGES.
SINGLE COPY TWO CENTS.
STATE WINS POINT
SUMMARY OF THE BEEjTAFT SMILE 10 THE RESCUE
THRONGS ON HIGHWAY
Candidate's Genial Good
Makes Hit in Iowa.
Humor
Judge Crawford Allowi Rice Woman
to Tell Whole Story.
SUICIDE PACT STORY GOES IN
Carnival Crowds Are Larger Than for
Last Two Years.
GREAT CROWDS AT ALL POINTS
PTJN MAKERS IN FULL SWING
Will Repeat Damaging Statement
Connecting Davis with Plot.
ATTORNEY'S EFFORTS ARE FUTILE
Long Legal Battle Ends with Victory
for English.
I
ONE POINT NOW IN RESERVE l
losrt Rrirrtn Ruling on Question
Whttktr Mr. Rustln Can Testify
to Dying Statement of
Husband.
Mrs. Abble Rice, the woman who came
near shooting Dr. Frederick T. Rustln at
liis request, will tell her whole story on
the witness stand In the hearing of Charles
C. Davis, charged with killing Dr.'Rustln
nnil will testify that Dr. Hustin told her
Davis had agreed to kill htm. Mrs. Rice
will tell this story on the witness stand
today, which she will take as soon ai
court opens at 9.30 this morning.
After listening to arguments for four
hours as to whether the statement made
by Dr. Rustln to his wife, "A man shot
me," and the statement mads to Mrs. Rice
several hours before the shooting, Davis
has agreed to kill me," could be admitted
as evidence. Judge Bryce Crawford ruled
that the Rice woman's testimony was ad
missible and withheld his decision as to
whether it was proper to admit the state
ment of Mrs. Rusttn.
With this decision County Attorney James
1'. English won his first victory over the
battery of attorneys behind1 a fort of law
books, who are defending Davis.
In his argument to combat the objection
of the staff of attorney for Davis, County
Attorney Kngllsh told the court something
of what the state hopes to prove and said,
"We will attempt to prove a common mo
tive, a common design leading to the death
of Dr. Kustln, between three Individuals,
and a declaration of any of the parties
made during the absence of any one of the
other parties, Is admissible as evidence."
.Mr. Kngllsh said that such a situation
might be called a conspiracy by some au
thorities or an understanding by others,
but the relation of the parties was such
that what one, Dr. Rustln, told the other,
Mrs. Rico, about the third party, Charles
E. Davla, was admissible and he Insisted
on the state being allowed to Introduce
the Rice woman's story.
The county attorney made good his state
ment of Thursday that only the circum
stance surrounding this case, controlled
what could be admitted In the way of evi
dence and what could only be regarded as
hear-say. After the attorneys for the de
fence had cited a case the county attorney
picked up the book and read this addi
tional statement from the decision: "This
inly serves to Illustrate the futility of lay
ing down a ruin which will lie a safeguard
In such cases.'
J. W. Woodrough, of the firm of Gurley &
Woodrotigh, began the argument against
Hdinlttlng the two replies and all that
hinges on them at 11 o'clock. Mr. Wood
lough's first statement was:
"What Dr. Rustln Is said to have told
his wife Is not even a dying declaration,
hut merely a narration, something which
Dr. Rustln thought occurred and cannot be
admitted as evidence. What he Is alleged
to have t-ld someone else many hours pre
vious to the shooting, the statement that
a certain party had agreed to shoot him,
Is the merest hearsny and cannot be ad
mitted." Abble Hire on (he Stand.
Mrs. Abble Rica took the stand at the
preliminary heating of Charles K. Davis
at 8:60 Friday morning and when she was
led Into the court room by Chief of Police
Donahue, It was through a crowd which
had to be pushed aside by the officer to
get the Witness to the stand.
Contrary to reports the woman Is far
from being a nervous wreck. She looks
mora brasen than when she testified be
fore the coroner' Jury and was quite com
posed. Her voice was clear and her re
plies cam promptly as the county attorney
asked her questions which brought out
her story that Dr. Frederick T. Rustln
was killed by his own order by someone
whom the physician secured and relieved
Mrs. Rice of the Job, which she came near
doing.
Th Rice woman wore a neat white shirt
waist and a new blue skirt. She was led
from the matron's department and returned
there when the attorneys began their ar
guments. She wore no hat and when
"Stated In the witness chair her arms rested
comfortably either In her lap or on the
arms of the big chair. When she was flist
seated she breathed a few heavy sighs and
was then ready to all appearances to go
through the ordeal of telling a story whlcn
rivals dramas of fiction and makes Imag
inatlv tragedies of clever literary Inventors
look like a coarse grade of melodrama.
Miajr Attorneys for Davla.
Anticipating that the Rlie woman a testi
mony would be sensational and without
doubt of importance In the case, a battery
of attorneys appeared for Davis. W. F.
Hurley took th lead. He counseled now
und then with John W. Parish and his law
partner, J. W. Woodrough. while lsaao
Congdon, attorney fur the First National
bank and one of the attorney for Davis,
i ccupled a rest I y Fred H. Davla, vice pres
ident df the bank, ani listened intently to
th testimony. Attorney Frank S. Howell
was also tested with the Davla j-arty. but
It wa said he was not Interested In th
i as.
County Attorney English wa assisted
only by Mr. Elllck, who left when the ar
gument began, leaving th county attorney
alone facing; tb four attorney for Davla.
Roth F. H. and Latham Davla, brothers
of th defendant, wre with their brother.
Charla E. Davis wore the sam expression
less countenance, hi whit face looking
like a mask wert It not for th light blue
eye.
Mrs. Rice had not gon far with her story
before Attorney W. K. Ourley mad It
plain that every question asked by th
county attorney would have to be for
mulated that th woman might have no
chance to tell anything exoept about her
self and Dr. Rustln, or th battery of at
torney for Davl. with their fort of Ian
books, would begin defending.
Garlc-r Will Object.
"Now w irt not going to object to her
telling thl story a long It concern
HO on but herself, but th moment she
begin to tail anything about anyone 1m,
(ConUuusd oa Fourth Psj4
lalnrdun September It (I, 1DOS.
1908 Sm&fDnis 1908
trv nz, M W 2T
-rr -" 1 2 3 4 5
6 Z 8 9 10 It 12
13 U 15 16 1Z 18 19
20 21 22 23 24 25 26
2Z 28 29 30 -
THE WX1THI.
FOR OMAHA. COUNCIL BLI.KFS AND
vLV!i?,IT-7,Sa.i2J,.'d ',"kr s.aturd,ai'' c..
urday.
FOR IOW A Showers and cooler weiit
portion Saturday.
Temperatures at Omaha yesterday:
6 a. m 6r
POLITICAL.
Governor Haskell, on his way to Chi
cago to meet Mr. Bryan tomorrow, says
President Roosevelt Is a four-f lu.iher and
that he has no Intention of resigning th
treasurershlp of the democratic commit
tee. -
Congressman Jsmes S. Sherman opens
the campaign in New York with a speech
on the money question to the Sound
Money league. Pag" 8
Secretary Straus point, to the failureof
a bank that was solvent In Oklahoma I
which I being exploited by the demo
crats as an Instance of the efficacy of
the bank guaranty law. Pag a
W. J. Bryan spoke last night in Terre
Haute after a trip from Dayton, O.
Fag a
Senator Foraker gave out a lengthy
statement of tils connection with the
Standard Oil company, In which he also
took occasion to criticise President Roose
velt and Judge Taft.
Judge Taft's trip through Iowa was ac
companied with a great outburst of re
publican enthusiasm. Pag 1
DOMESTIC.
Eighteen person were killed and about
twenty Injured by wreck of eastbound
Burlington passenger train near Park
City. Mont.
Blaine Elklns, son of Senator Elklns,
Is made defendant In a' $100,000 breach
of promise uit brought by a New York
actress. i
The cruiser Yankee Is In great peril on
Spindle Rock.
Member of the brokerage firm of A. O,
Brown Co. were arrested yeterday on
the charge of taking stock left with
them merely as bailees. , 1
Samuel Whitlow wa acquitted of per
jury at Iola, Kan.
romxioxr.
Liberal In England lose the Irish vote
through the attitude of the party on the
religious question presented at the recent
Eucharlstlc congrea in London. Pag 1
NEBRASKA.
Jamas J. Hill sunt a communication on
the bank guaranty to the State Bankers'
association In Lincoln, and Prof. J. Law
rence Laughlln of Chicago also read a
paper on the same subject. Pag- 1
York county expects to send 3,000 peo
ple to hear Taft Pag 3
LOCAL.
Crowds at Ak-Sar-Ben carnival are
larger than ever, breaking records for two
years. , 1
W. C. Crosby takes contest for republi
can nomination for coroner Into court by
applying for mandamu to compel the
Canvassing board to count three more
votes for him. Pag" 6
Mrs. Abble Rice will tell the entire story
on the witness stand in the Rustln mur
der case, Including the statement made
to her by Dr. Rustln that Davis wa to
kill him. Judge Crawford ruled to ad
mit testimony after a long discussion by
attorneys. Pag 1
Fred Cogrove, prominent Jacksonlan,
will desert that club and Join the Dahl
manltes because of failure to land nom
ination for Water board. Pag S
SPOKT.
Results of the ball games:
6-7 Cincinnati vs. New York 3-1.
6 Chicago vs. Brooklyn 1.
2-1 Boston v. Pittsburg 1-8.
1 1 Philadelphia vs. St. Louis 1.
Washington vs. Cleveland 1.
1-7 Detroit vs. Philadelphia 0-2.
SHimlnn VH. Ht. LiOUlS 1.
Pag- 13
COsnCEKCIAL AND INDUSTRIAL.
Live stock markets. P 17
Grain markets. Fag- IT
Stocks and bonds. PaT 17
KOTEMENTf OP OCEAN STZAJtSKXPft,
Port.
NEW YORK. ...
NEW YORK....
NEW YOKK ...
New YORK . . .
Ul EENS'lOWN
Ul KKSSTOWN
ANTWERP
MARSEILLES. '.
RUTTKKUAal..
U.VVHK
ArrlT.d.
Kara
J(oiiH Albert....
Carman la
Railed.
Taulontc...
Adriatic.
, tmbrla.
Mtnaeaota. . . .
Yaneila
Rottardam....
. La Lorralaa. .
Sul'THAMPTON. Majattc
L1F1AI ., fcMMlia.
HVEKPtlOL cedrlc.
HUSTON
BOS rN
Numldlan.
. Columbia.
FORAKER HAS MORE TO SAY
Ultterly Assail Hearst. Taft ssil
President HonscTclt for
' Action Taken.
CINCINNATI. Sept. 23. Senator Foraker
has prepared a statement which will be
made public tonight, replying to the recent
charges by William R. Hearst and Presi
dent Roosevelt.
In addition he bitterly assails Hearst,
Taft and the president, charging Taft
with consorting with Standard Oil mag
nates himself and declaring that President
Roosevelt's actions Indicate a guilty con
science. In the opening paragraph Mr.
Foraktr declares that the president showed
bias In accepting as true all the charges.
He denied that ha acted Improperly in ac
cepting employment from the Standard
OU company; say that there waa no se
cret about it and produces letters to prov
that after the government began It at
tack upon tne Standard Oil h declined
to accept a retainer from them. He charged
that Mr. Hearat bad othe: letters In addi
tion to thoa which he gave out, and that
these other letter, if mad public at th
am time, would hav showed how harm
less was hi connection with th Standard
peoj.1.
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Hundred and Fifty Thousand Tropic
See Republican Standard Bearer
I a tn pn I a a of 1'aclOca
tlon Uatended,
(From a Staff Correspondent.)
DE8 MOINES, Sept. 23. (Special Tele
gram, j William H. Taft has smiled his
way into the hearts of the people of Iowa.
When the Taft voice failed the Taft smile
came to the lescue. Traveling touay i'Q
milis across the prairies of eastern Iowa
the genial good humor und wholesome
democracy of the republican presidential
candidate has made an Impress greater
than could be made by any s;joken words
he could utter.
I The ovation given Taft yesttrday In Wis
consln was better than duplicated by the
people of Iowa today. Beginning with the
early motnlng meeting at Clinton, whore
8,0ou people gathered to greet Mr. Taft, his
Journey through the state has been marked
by the greatest crowds and the most gen
uine enthusiasm In the history of Iowa pol
itics. Ten stops not on the schedule were
made In order that farmers who had
driven Into town might have a glimpse of
"Bill."
Everybody calls him "Hill" out here. It
makes him smile when he hear the fa
miliar name.
"A man with a face like that mult be a
good man," whispered a woman who was
standing close to th car platform at Bur
lington. "Well, I haven't horns," suggested the
presidential nominee as his face expanded
into a broad grin.
Fully 160.000 people have seen Mr. Taft
" na,v
lieard h,.m Pe' "e opp.-d at all th.piln-
today and more than half that number have
clpal cities In eastern Iowa, concluding the
day's work by Addressing five meetings In
De Molnea. His voice baa lost some of Its
hoarseness and Dr. Richardson Is hopeful
he will b In good voice by the first of
the week. In many of his speeches toduy
Mr. Taft' statement that he stood on his
labor record and hnd no apologies to make
for It no matter how It might effect his
political future appealed to the spirit of
the Americanism so thoroughly developed
on tha prairies of Iowa, and he was cheered
and applauded again and again.
'Bully for you," "Straight from the shoul
der," "That' the stuff," wer expressions
that cam from the crowd.
Cam pal an of PaclBcntlon Extended.
The Taft campaign of pacification be
gun so auspiciously yesterday In Wisconsin
has extended to Iowa. The republican can
didate has composed, so far as th national
ticket Is concerned, all difference between
the republican factions, ajoverjior Cum
mins, the leader of the "progressives" and
their oandldate for United States senator.
Joined with former Representative Lacey,
in senatorial candidate of the "stand-pat"
forces. In a declaration that the republican
national ticket will have from 60.000 to 7S.-
000 plurality In Iowa. Doth Governor Cum.
mlng and Mr. Lacey were on the Taft train
all day and the latter warmly applauded
when Governor Cummin Introduced Taft
as 'the man who ought to be and will be
the next president of the United States."
All day there has been good-natured
banter between Mr. Taft and his audience.
"The only thing I've against you Is that
you part your hair In the middle," said
one man.
"Well, I haven't much hair and I want
to make aa good a show as possible," said
Taft as ho removed his hat and pointed
to some near-bald spots.
"I see Roosevelt put out another letter.
You won't have to do much talking If ha
keeps that up," called another. "Well, he'
a pretty good man to have behind you,
Isn't he?" and the chorus of "You bets"
that came from the crowd answered the
query.
At Mount Pleasant a college man Jumped
on the platform of the train and shaking
Mr. Taft hand said: "Your the man I
want."
"And you're the man we want," replied
Taft.
Handshaking; at Davenport.
Al L bCAl'iiV c, ia., beiH. U. a aft, the
mixer, inieuu of lull, lue orator, la loo
reputation Uio repuuiicaui cuudlUate lull
oeuiyd lam aa lie UltieU from town to
lowu m lowa today.
With tn hauuicup of an impaired vole,
tha UiUoun Buowtxl nls rouourceaf ulnesa by
campaigning wilu his nanus and tne
ropailee with those who eagerly took ad
vantage of every possible opportunity lo
make nl acquaintance.
At Davenport, wiieru Uioro wa a half
hour delay lur want of a heavier engine
ou Ui Rock island road, the cauididat en
toiaiiiexl froui Hie back plationn. "You'r
going to get Into the president oh air all
light. Bill," cried a lusty voice.
' i believe it," cam th quick respoos.
"But I'm not so ur titer ar not a few
tack in that chair." Then there was a
ruah of outstretched hunda for a shake,
and th Judg leaned over the brass rati
of th platlvrm and busied himself with
both hand at one.
Pathos wa brought into th little seen
when an old man with many appearance
of ill health, faltered upon the arm of hi
on, a yoang man. "Mr. Taft," he said,
"thi will bu my last vole, but here's an
other to take my place." There wer teaia
in the eyes of the candidate aa he ex
tended his bekf wishes lor the welfare of
the old 1. '
.-LIGHT
! KCnlrLr....
Friend trge Wilbur Wright to Try
for Croatia of th
Channel.
LRMANS, France, Sept 25. Wilbur
Wright, th American aeroplanlst, made a
flight at the field of Auvour thl morn
ing that lasted for thirty-six minute and
fourteen seconds. He covered twenty-two
miles at an average height of forty-five
feet. He came to th ground because his
gasoline tank, which had not been firmly
closed, was leaking.
The distance mad by Mr. Wright ye-tcrdaj-,
when ho flew for U Ulclarllu and
Aero Hub prizes, ha been officially re
corded at 39,t6 metre (a little over twenty
four mile.)
Mr. Wright denied today again that he
had ordered a more powerful motor for his
machine. H Is Inclined to think that
twenty-rtve miles an hour- will b th
maximum aeroplane speed for com year
to come.
The friend of Mr. Wright In Franc ar
trying to persuade htm to fly aero th
Ungltah channel on the ground that such
a feat would furnish the best evidence of
hU bolut coufldouce In his machln
From the Pittsburg Despatch.
EIGHTEEN DEAD IN WRECK
Burlington Train Strikes Freight
Near Park City, Mont.
SMOKING CAR IS TELESCOPED
Every Person tn Thl Cr.r is Either
Killed or Injured Bodies Hor
ribly Mangled-.Partial
List of Victim. " '
PARK CITY, Mont., Sept. 25.-Thlrty to
forty people were killed and Injured In
Burlington train No. 6, which left Living
ston this morning over the Northern Pa
clflo road and was wrecked In a head-on
collision with a freight train four miles
West of Park City si 8 o'clock' today.
Th .wreck occurred at Young Point
switch, whr the train ware to pas. A
light snow was falling and the trains were
so close that the freight flagman failed to
signal the passenger In time to prevent a
collision. The express car telescoped the
smoker and a majority of the fatalities
and Injuries were lu this car. The express
car waa raiaed over the platform of the
smoker, the superstructure sweeping the
seats, and not a passenger In this car es
caped death or Injury. The other passen
gers escaped with cuts and bruises.
On th train waa the Spokane delega
tion to the National Irrigation congress at
Albuquerque. None of these was injured.
Fireman Ora Babcock Jumped and was
killed, striking on his head. Mllo Hallo
way, head brakeman of the Billings train,
wa killed.
The scenes around the smoker are hor
rible, heads, bodies, legs and arms being
Interwoven with broken seats and equip
ment. In one place seven. bodies were so
tightly wedged together that they were
only separated with difficulty, it was al
most Impossible to succor the Injured with
out trampling on the dead.
Partial List of Victims,
A partial list of th dead and wounded
(follows:
The dead:
COLONEL BODSON of Utah.
JOHN CAW LAN, Billings, Mont,
LON AiMDERtiON, Haruy, Mont.
LORENZ A. bTKWART, Dean, Mont.
H. C. OEMBLE, Mlnlston, la.
E. L. KYMOCK, Denver.
D. H. BARNES, Seattle.
O. M. KONS1CK, Anaconda, Mont.
ORA BABCOCK, Hillings, Mont.
8. CHINODON, Chlco springs, Mont.
CHARLES E. JOHNSON. Denver, dis
trict passenger agent Nickel Plate railway.
GEORGE BA1TLEROCK, Anaconda,
Mont.
JOHN RYAN, Cushlng, Okl.
M1LO HALLOW AY, iilllinga, Mont.
SICHEMRAM, addresa unknown.
THREE UNIDENTIFIED COAL MIN
ERS, enroute from Anuonda, Mont., to
a, (i uj , ti yu,
The injured:
R. A. Rlckers, Billings, Mcmt., Injured
Internally, both legs broken; will die.
Ban 8. Westnery, address unknown, In
ternsl Injuries; will die.
John blourl, coal miner, Coldwater. Ala
bruises.
Fletcher Dwyr, Mount Cafmel, 111., arm
broken, Internal Injurlea.
Sam Slomowitx, address unknown, both
legs broken. Interns! Injuries. Only one In
the smoker who escaped with his life.
Anton Rowclts, Helena, Mont., both arma
broken. Internal Injurlea.
John Burke, Boston, legs Hroken and
back hurt.
Susan ("ordea, Flathead Indian mission,
back Injured.
L. E. Cordea. Flathead Indian mission,
head cut, shoulder and back hurt
John Cordea, Flathead Indian mission,
hesd cut.
Small boy, arm and back cut.
SAMUEL WHITLOW ACQUITTED
Man Aeenaed of Perjury In Kansas
Following Murder Trial
Released.
IOLA. Kan.. Bejt. 5. Samuel Whitlow,
accused of purjury In connection with hi
trial for the alleged murder of May app,
wa acquitted here today.
Ml Sapp wa murdered In September,
1907, and Whitlow wa arrested on a charge
of killing her, but was acquitted. Th
tate claimed there were essential differ
ences In his testimony given at th cor
omer'a Inquest and later at th trial, and
charged him with perjury.
BROKERS HELD FOR LARCENY
Members of Firm of A. O. Browu A
to. Arrested While Leaving
Court Room.
NEW YORK. 8pt. Ha. Albert O. Brown,
Edward F. Buchanan, W. Rhea Whitman
and Lewis Clnter Young, comprising th
failed firm of A. O. Brown c Co., stock
brokers, wer arrested on charge of grand
larceny a they wer leaving a federal
court room wher they wer being ex
amined befor g United State conunJv
loner today.
Just Couldn't Resist
MINERS' STRIKE NEARS END
Several of Large Colllerle Will Re
Borne Operations In Few
Day.
CHEYENNE, Wyo., Sept. 25. (Speclal.)
It Is announced that the great strike of
Wyoming coal miners Is neaxlng an end,
and that In a few day at the outside the
several colllerle will resume operations.
Word was received here yesterday that th
mines at Cumberland, Oakley, Kemmerer,
Dlamondville and Frontier, all situated on
the Oregon Short Llna railroad, In Uinta
county, had resumed work, hut at tha head
quarter of the Union Pacific Coal com
pany in this city the report wa denied to
day. It was learned, however, that th
operator anticipate an early adjustment
of the differences between th coal com
panies and the men. On prominent offi
cial stated that the operator were now
waiting for the union leader to com In
and call tha entire affair off.
'I'he miner of Wyoming, numbering more
than 8,(M0, have been Idle for nearly a
month now, and they are getting restless.
Winter Is coming on, and aa a rule the
men are anxious to settle the trouble and
return to work. A canvass of the situation
shows that In many of the camps a ma
jority of the men were satisfied with the
wages paid them, and that at no time
favored going on strike, and these men ar
only waiting for a chance to honorably
return to their position. They wers mem
bers of the union, the officer of which
ordered them out on September 1, and to
date they hav remained loyal to the union.
It la known, however, that leading miner
In the several camps have been petitioning
their leaders to reach a settlement with
the operators., and it Is believed that an
sdjustment will take place in the very near
future. ,1
The operator have kept the colllerle
open and everything In good working order
In anticipation of an early settlement of the
trouble, and can resume the minute the
men return to work. The mines are now In
shape to get out a largely Increaaed ton
nage, and If the strike Is settled; soon, can.
by the first of the year, catch up on order
that have accumulated during the shut
down.
LIBERALS LOSE IRISH VOTE
Action Toward Eucharlatlo Congress
ProTcs Reason for Torn
Dawn.
NEWCASTLE-ON-TYNE. Sept. SS.-Th
Irish vote, alienated by the action of th
government In prohibiting the procession
In connection with the recent Eucharlstlo
congress In London, In which th host was
to have been carried through th street of
that city, and strengthened by the Idea of
tariff reform, haa Inflicted a cruahing blow
on tha government In the bye-electlon held
her today to fill th vacancy in th house
of common representation from Nawcastle-On-Tyna
caused by th recent death of
Thomas Cairns, liberal.
With a majority of over 8,000 In th gen
eral election of 19C4, the radical went to
the poll full of confidence; th outcome,
however, was a great surprise. Th union.
1st candidate, Q. Renwick, who was re
turned from this constituency In 1900, was
elected with a majority of 2.HS over Mr.
Shortt, the liberal candidate. Th Labor
Socialist candidate, Mr. Hartley, polled
2,971 votes.
THAW HELD JN CONTEMPT
Order of Federal Court Entered In
l Bankruptcy Proceeding in
ncrnnton.
PITTSBURG, Pa., Sept. 25 An order
of the federal court at Hcranton adjudg
ing Harry K. Thaw In contempt of court
was filed In the federal court here today
by counsel for the trustees of Thaw's es
tate. The order direct that Thaw be brought
here to answer In the premise and that
he further b dealt with according to law.
A warrant wa Issued and given to
United States Marshal Stone, but Ston
aid he had no right to aerve the war
rant outside of the western district of
Pennsylvania and the warrant will doubt
less be returned, marked "non est in
ventus." What procedure will b followed In n
effort to bring Thaw here from Nw
York 1 the subject of much talk among
attorney.
DEATH RECORD.
Leslie Carter.
CHICAGO, Sept. 26.-Lall Carter, one
time capitalist and president of th South
Eld Elevated Railroad company of Chicago,
died la this city after a prolonged Illness.
It
HILL WRITES TO BANKERS
Minnesota Railroad Man's Letter Read
at Lincoln.
BANK GUARANTY IS ONLY A FAD
People Have Been (letting Too Much
Legislation Prof. Laughlln
Make Address on U
Sam Subject.
(From a Btaff Correspondent.)
LINCOLN, Neb., Sept. 25. tSpeclal.)
The feature of today's session of the con
vention of tha Nebraska Bankers' associa
tion wa an address which had been sent
to the association by Jamea J. Hill. It
wa given out at th meeting thl morning
and in it the Great Northern magnate
pleaded with the member to use their
Influence to bring about a cessation from
agitation having for It purpose tlll
further legislation for the regulation of
corporations. He declared that the bus
Iness Interests of the country require time
and opportunity to recover from the shock
whloh he asserts destructive legislation has
given them and estlmatea that a period of
from five to ten yeara without the meeting
of any legislative body would be a good
thing. The bank deposit guarantee proposi
tion he characterise as bad banking and
bad morals. Mr. Hill defends the railroad
system of the United States, deflating that
it Is the best and lowest capitalised sys
tem In the world. He Insists that the rail
roads are hampered and threatened with
a loss of earnings, while at the same time
they are forced to Increase their expenses,
He say that while the barkers at the big
political show are. creating great commo
tion and the nation Is full of tumult, the
bankers can perform no greater service
than to attempt to secure for business a
breathing spell from agitation and destruc
tive law-making.
Another event of the meeting waa the
address by Prof. J. Lawrence Laughlln of
Chicago, who attacked the bank guarantee
idea. Former Governor Myron T. Her
rick of Ohio, also spoke against the guar
antee propoattlon. These addresses occu
pied practically all of the morning session.
He said in part:
Message from J. J. Hill.
You will probably express an opinion
upon the proposition that the government
snould guarantee the repayment of bank
depoalts. This threatens you directly, b
placing a premium upon reckless or dis
nonesl bank management, and by thus In
creasing losses to such an extent tiiat In
the future the solvent banks would be un
able to contribute a guarantee fund large
enough to meet thesm. It Is bad banking
and bad morals. It is bad economics, be
cause It proposes to put a public guaran
tee behind one form of capital namely,
money deposited In banks thus discrimi
nating against every other form of capital.
It might even be called bad theology, be
cause It rewarda the man who locke up
hla talent In a bank vault, leaving the man
who trlea to gain another talent by
trading to shift for himself. And It is
mathematically absurd, because the total
Individual deposits In the national banks
of this country were Jl,313.6o'i.7Kt on May
14th, and the total money of all kinds In
the country amounts to a little over II
000,000,000. No guarantee could be ef
fective against a panic that endangered
even such a shsre of these deposits aa
whs affected by the dlsturbsnce of a year
ago. It might easily, In some time of
special stress, destroy the credit of the
government and wreck the entire banklna
system of the country; but. like a life raft
so firmly attached to the ship that tt coiid
float only while she floated and must
sink when she sank. It could not ssxure
the fetv of a single passenger In time of
real danper.
Too Much Legislation.
The American people are a good deal
like the child that planta and waters a
seed or shoot, and then digs It up every
morning to see if ll is growing. Every
session of every legislative body cripple
or overturns soms legitimate Industry by
applying to tt a brand new collection of
regulationa; aome perhaps wholesome,
many merely mischievously annoying and
still others destructive. Before they can
be assimilated, a new set appears. We do
not wait to discover what the nutunu
laws which govern the conduct of hual.
ness, as surely as the phenomena of the
physical world are so governed, msv be.
We give them no time or opportunity to
ct. We heap statute on statute without
a moment for test or recuperation. Th
effect upon business haa been exactly
what the process wonld lead us to expert.
Th United States ha the beat viiuipped.
the most efficient, th lowest capitalised
railroad system in the World. Its charge
for service 1 from one-third to a tialf of
that In other countries. Capital receives
approximately 7 per cent of the gross
earnings, according to th statistics of the
General Managers' association of Chicago,
while labor receivea 41 per cent. Th pay
rolls of our railroads amount to over
billion dollars a year. No such Interest as
this, with millions of dependants, with
very community end every Induatrv Inex
tricably Indent, fled with Its prosperity or
Its misfortune, csn be hampered, threat
ened, deprived of earnlnga at one end and
compelled to Increase expenses at tha
other, aupjeetsd to th turmoil of endless
(ContUiusd M Second Ps Jt
Tomtoms, Band and Spielers Call
People Together.
FLENTY TO AMUSE POPULACE
Shows for Light-Minded and County
Fair for Serious.
POLICE RIGID FOR DISCIPLINE
Officer Have Barred "Wife neater'
and lmllnr Instrument of Tor
ture from the Carnival
Grounds.
los.
107. 1908.
9,009 4,379
6,ett7 l.ioa
Wednesday 8,5S3
Thursday 6.318
Xing" Hlg-hway opns at la o'clock ach
ay.
Madam Franca and diving hor, 8:30
and 8 p. m.
Sullivan and XUxaln, S and 8 130 p. to.
Balloon rac and airship fllgat, 6 p. m.
Country Circus exhibitions hourly.
Day parad September 89.
Wight parad September 30,
Taft and firework October 1.
Coronation ball Ootobtr 8.
Clndrlla ball, October 3.
On notabl and . overshadowing- fact
stand ont abov all other thl yar, and
that is that tb attendance at Xing' High,
way wa larger th flrt and cond day
than It wa th first and second day of
1907 or 1908, and that Thursday of this
year showed a vast Increase ovsr Wdn-
day of thl year, proving oonolulTly that
th popularity of this oity of soulo
beauty and lrrsslstibl plaur has In
gratiated ltsslf f orsvsr la th naarts of
th people.
With bands playing, torn toms beating,
cry era calling the throngs Into the show
tents, the third night of the carnival
proved more than ever before tho popu
larity of the King's highway. All after
noon and evening yesterday the grounds
were crowded with sightseers, all bent on
having a good time, and they were having
It.
The shows along the midway were all
running In full blast and most of them
were thronged during the busy part of the
day. In the crowds were hundreds from
outside of Omaha, the people from the lit
tle towns and from the country beginning
their annual visit to the king's realm
earlier than usual.
From the time Madame Frances and her
trained horse made their thrilling high
dive In tho afternoon until the lights were
turned out in the show tents, sightseers
and merrymakers flocked to the grounds
and tip and down the highway bent on
having the time of their live.
The crowds find plenty to entertain them
along the highway. The spielers draw them
hither and thither with their promise of
wondrous and entertaining thlnga to in
and hear. If they are not frivolous tnlndod
there is tho exhibit of the agricultural so
ciety. Larger prise have drawn larger ex
hibits than ever and the booths are sur
rounded day and night. Then the big thril
ler always draws the attention of the
whole crowd and men hold their
breath and women Bhi'iek when the dar
ing young woman on horseback makes
her plunge Into the pool.
The Wild West show, which occupies a
large plot near the entrance, also drew
good crowds who witnessed the exhibition
of rifle shooting and daring mule , back
riding by the westerners..
Hough Work Barred.
No "wife beaters."
That la the order Carnival Chief of Polic
Dempsey has Issued as a part of his gen
eral plan for the preservation of peace on
King's Highway.
To th uninitiated tho "wife beater" con
sists of two slabs about two Inches wlda
fastened together, one on lop of the other.
Some are so heavy that the noise they
make when planted on the shoulder of some
girl is little more than the pain.
So the chief has placed this amusement
contraption on the black list. In the same
list are the "flies," the "bugs" and the
"squawkers." In fact, the chief will permit
nothing In this Una on tha carnival
ground. Confetti throwing has been de
cided upon as the only exercise for th ex
tremely hilarious.
The carnival Is for the little boys and
girl and for the women, as well as for
th old men and big boys, and for that rea
aon Sergeant Dempsey and his forty carni
val policemen have decided that everything
must be made safe and pleasant fur th
little folk and the women; the big folks
and the men may make tha most of It.
Ng Disorder Will Occur.
"It Is the ambition of the polic to so
oversee the carnival grounds that no dis
order will occur at all. Th wife beater
and the squawkers and the hugs and file
!n years past hav caused ns Ini of troubl
and are responsible to a great degree of
the arrests made on the grounds,' ssld
Sergeant Dempsey. "The shows are high
class and the entertainment furnished by
the governors Is so far above the ordinary
that the people should be permitted to .n
Joy t lit him Ives without Interference or An
noyance, vv lien the little children sie n
the grounds during the daytime I shall
permit them to have lanes and enjoy them
Helves to their hearts' lontent, but after I
o clock this will stop and anyone carrying
one of tiie forbidden forms of amusemsut
Is liable to be arrested."
There will be no slide for life this year,
though the announcement was made several
days ago that the exhibition of last year
would be repeated. The girl who made tho
exhibition last eur was killed In Canada
while doing her dare-devil act. ll waa
only due to the efficiency of the police that
she. did not lose her life In Omaha. Ser
geant Dempsey and hi polic personally
Inspected the wires and the net In which
she landed at each performance, and atood
by to catch her should an accident occur.
One evening the sergeant discovered one
of the ropes which held the net had been
cut. Had the discovery not been mads tha
woman would have been dashed to death,
us she waa later In Canada.
The diving horse ridden by Miss Mamie
Frances. Is considered one of the most
thrilling stunts ever put on by the gov.
ernors. A prominent bucinef, man win
was watching the performance Thursday
glanced at his store windows and saw sev
eral young women looking at the thrilling
vent.
"Look at those windows," h ssld, "I pay.
iCunlloucl en Fourth Pa.)
)