The Omaha Daily Bee
VOI XXXVIII NO. 144.
OMAHA, TUU1ISDAY MoliWlXC, mrKMKEIl l.iiW-TKX PACJKS.
SINGLE COPY TWO CENTS.
CHINA IS GRATEFUL
SUMMARY OF THE BEE
I1AH1ESS DEPOSE ALEXIS
The Modern Man Unafraid
STATE WEAVES SET
Thursday, Drrrmlirr fl. 1 DOM.
President of Republic Prisoner in His
Palace.
Late Emperor Expresses Kindly Senti
ments in Letter to Poievelt.
V
FRIENDLY RELAT "DESIRED
' I
Ihanks United States t ' litting
Fourteen-Million-Dollar . tity.
Evidence to Corroborate Abbie Rice
Offered in Davis Case.
1908 -December- 1908
ic.: .my tttl nr:n w tfs
-t -r- 2 3 4,5
6 Z 8 9 101 12
13 U 15 16 1Z 18 19
20 21 22 23 24 25 26
2Z 28 29 30 31
UVjl VOW, AFFIRM AND SWE J
VA "IH SACKED CAtS O FA '
VC K00MO TO CE4IN Mf f 7T
vcwRiyrMvs shopping r-. rroSC&r-.'.iS)
wW
MINISTERS FLEE TO LEGATIONS i
WOUND NOT SELF-INFLICTED
People Rlw Silently In (be Mitht and
Depose llrad of dovr rnmrnt
nillmnt tilvlfiK .Not lie
of Intrntion.
Dr. Lavender Gives This as Expert
Opinion After Examination.
PRESIDENT
MAKES
Expresses Appreciation and t.iat of
People of United States.
CEREMONIES IN BLUE ROOM
TitUcs Place an the Dor
Which the New Kmprror
of China tirrndi to
the Throne.
WASHINGTON, Dec. 2. "Long may
your excellency enjoy good health and
happiness! May the American people bp
ever blessed with prosperity and peace!
These im our heartfelt wishes."
These are the sentiments expressed In
the econcludlng intenceg of the letter from
tin late emperor of China to President
Roosevelt, handed to him toduy by Tong
Slma Yl, the special Chinese ambassador,
thanking the I'nlted Statei government for
the remission of I14.fln0,(ir of the Indemnity
guaranteed by China for damages result
ing from the boxer rebellion.
The representation of the letter took
plnco In the blue parlor of the White
House at half past J o'clock this after
noon, Tung, who was accompanied to the
White House by Prince Tsal Fu, as first
secretary, and a dozen other members of
his suite, was Introduced to the president
by Acting Secretary Agee of the State de-'
purtment. In the absence of Mr. Root, who
was confined to his home by an indisposi
tion. The letter from the Inte emperor
Was as follows:
The Emperor's Letter.
"The Ivmpcror of China to the President
of the t 'tilted States of America. Greeting:
"Mr. rresltlent: China has always main
tained tl.a most friendly relations with
the I'nlted States since the establishment
of intercourse between the, two countries.
By taking the Initiative In proposing the
remission of a portion of the Indemnity as
provided by treaty, your exceellency has
won the respect of mankind for magnani
mity and Just dealing. Furthermore, the
congress has given signal proof of friendli
ness by giving effort to your excellency's
ecouimendatlons. In sincere appreciation
sf this generous action, w hereby appoint
Tong Slion VI, an official, with the rank
of president of a ministry and governor
of tlie province of Fengtlen. as special
ambassador to proceed to the I'nlted
States for the purpose of presenting this,
our letter. We have always placed entire
confidence In his eminent ability, clear
perception and sterling Integrity. We have
sr.ec-ially commanded him. In the discharge
of his duties, to convey to your excellency,
the expression of our grateful thanks, and
tmUfy to our ListWig friendship. It Is our
hope that the relations of the two countries
win be further strengthened by mutual
confidence. fLon may your excellency
Vy good health and happiness'. May
Mie American people be ever blessed with
prosperity and peace! These are our heart
felt wishes.
"Given on the 24th day of the eighth
moon In the thirty-fourth year of
Kwanghsu (September 19, 19081.
It era 111 ,nst Message.
In presenting the letter Ambassador
Tons; r.-callcd that It wag the last mes
sage addressed by his majesty to the presi
dent, and said every line of It breathes
friendship and good will for the government
and people of the I'nlted States and voices
the sentiments of all China. He con
tinued: "Scarcely had our people recovered from
the shock occasioned by the loss of our
universally loved emperor, when the demise
f her late majesty, the empress dowager
cf China, sank the country In deeper sor
row. It Is in the midst of deep national
mourning that I have to discharge the
duties of my mission on this occasion.
"The action of the I'nlted States In re
mitting a portion of tho Indemnity as pro
vided by treaty has touched the govern
ment and people of my country with a
deep sense of jrntltude. . In the name and
on behalf of tho government and people
of my country I have now the honor to
thank your excellency, and through your
excellency the government and people of
t I'nlted Slates for this generous and
friendly :ut. In thus executing: the com
mand of my sovereign I avail myself of
this occasion to offer to your excellency
my best wl.-hcs for your excellency's con
tinued good l eilth and happiness and for
the welfare and prosperity of the people
of the I'nlted Stntes."
President's Reply.
In reply the president said:
"The letter which you bear I receive
with great appreciation, and on behalf of
the government and people of the I'nited
States, I accept It with iiuite exceptional
M-nttments as a message of especial friend
ship from your august sovereign, whose
death and the demise of her Imperal ma
jesty, the lute Empress Dowager, we la
ment. I receive It with the more profound
sentiments In that you bring It now no
Uri from the emperor, the celebration of
whese accession makes this day doubly
ausrleiou, a.id from that enlightened
government which all the world feels will
ad I new lustre through his reign to the
Immemorial history of China.
"It Is very gratifying to me to receive
as his Imperial majesty's special ambas
sador, so distinguished a statesman and
ao worthy a representative. I ask you to
express to your uugust sovereign and to
the Chinese government, my appreciation
and that of the government and people of
the United States of the sending of this
special embassy, which so finally signal
ises a fresh manifestation of that sincere
confidence, good will and friendship be
tween the fnlted States and the Chinese
empire which It Is the cherished aim of
this government to foster for all time."
This being the day on whlei. .
emperor of China aMcn,e...i ... .1 .
- iud enruiie, of
ficial mourning for the late emperor was
put aside by Ambassador Tong and his
ulte and they wore at the reception their
gorgeous oriental silk costumes.
tssmsrlsti fat to Teat.
VALLEJO. Cal.. Dec. Z-The submarine
v iot Pike, which has Just been overhauled
f and repaired at the Mare Island navy
yard, the work costing 2c.(Cu. at pu't
through series of tests yesterday
t was submerged several limes, on one
occasion staying uuaer water fur twenty
tulnutes. The submarine Grampus whlcn
has also ben refuted, will be tested ax
THE WEATHER.
KOI! OMAHA. COCNTIL BU'FFS AN r
VICINITY Fair Thursday, slowly rlsii.g I
Fill! NKUlf ISk- Th urxiiH v. il,i!v I
rising temperature,
K"K I' v A- Kit ir Thursday, slowiy rlsl:i;; j
tempi ralure.
Temperature at Omaha yesterday:
H'jur.
5 a. m
ij a. in
7 a. 111
S a. m
. a. til
10 a. m
11 a. m
i ni
1 p. m
2 r m
o p. ni
4 ;. m
5 1 . m
p. 111
leg.
. . . . Is
. ... '.'I
T' j
1
'.:' '
I
I
'.- i
1 p. 111
S p. m
3 p. 111 -1
DOMESTIC.
CrHckMmen looted a national bank at
Peiinerell. Ma.s.. of $ 1 4, OHO ami made
their escape In an automobile. "U"
Mm. J. t . aroen, ioe o i" 1 i .
Tombstone. Ariz , died In the county In s
pltal at I.os Angeles. Faye 1
Cattle are suffering on the rangtM oe
cause of the scurclty of feed. Fage.3
The stock market was violently af
fected yesterday because of reports Hat
rlman and the Rock Island interests hao
arrived at an agreement to work In har
mony. r
The Arkansas river is likely to ratine
the destruction of the court house an! u
large hotel at Pine Bluffs, Ark., before
the flood subsides. Page 1
Milkmaids will have a contest at Chi
cago In the national dairy show. Page 1
FOREIGN.
President Nord Alexis of Haytl was de
posed by his people Tuesday night, they
rising at night and taking the govern
ment at Port Au Prince by surprise. The
president is to leave In a foreign gun
boat. Pf 1
The statement of the position of
Princess Helle de Sagan in the suit of
Count de Castellane to secure possession
of his children uncovers the whole mat
rimonial troubles thut have existed In I
the family. Page a
A Japanese steamer foundered yenttr
oft Wei-llei-Wel and the crew und tas
sengers perlshd. . Pag X
The argument on ministerial responsi
bility was begun yesterday In the Reich
stag In the absence of Chancellor von
Buelow. Page 1
JTEBBASKA.
The Ruser trial will be held at Papll
llon beginning today. Page. 3
Judge Sullivan, recently appointed to
the supreme bench by Governor Shejdon,
resigned tho position yesterday. Page 3
Northwestern road takes over thd eat
ing houses on Its Nebraska lines, whl.ih
have been conducted by Rome Miller for
many years. Page 3
SPOBT.
Carlisle Indians pile up unexpectedly directed the policy of the Alexis admlnis
large score against Nebraska, w inning, ! tralion. Gabiiel Is at the palace with
o t iu v. m
COMMSBCIAXi AJIO riWAJfCIAL.
Live stock markets. Page 7
Grain markets. Page 7
Stocks and bonds. Page 7
MOVEMEHTS OT OCEAK STEAMSHIPS.
Port. Arrived. Sailed.
NEW YORK Fldm NcUw Allllteraara.
NEW YOKK K. W llhelm 11...
HALIFAX Siberian
HAVRE lnrlilthUn
KAPIJC8 San Gorgio.
C.I EENSTOWN. . Lualtanla
GIBRALTAR Iurbart.
I'LYMOI TH K P. Otella
II REM EN Kueulg Albert....
LEGHORN Perugia.
BY WIRKLESS.
Sable Island Majestic, from Southampton
for New York, miles east of Sandy
Hook at 10 a. m.; w ill doi k about 8:30 a. m.
Thursday.
HARRIMAN AND ROCK ISLAND
Furious Speculation Result from
Humor Tno Systems Are In
Closer Relations.
NEW YORK. Dec. 2. Furious specula
tion In Rock Island preferred stocks was
precipitated in the stock market today by
rumors that an important plan had been
j perfected for financing the needs of th
St. Louis & San Francisco, a subsidiary
company.
The fact that this transaction was at
tributed to the banking house which usu
ally acts for I'nion Pacific gave rise to the
Implication that the Harrlman and Rock
Island Interests were coming into closer
affiliations. At the game time reports were
gent from the west that new projects were
foiming for a different organization of the
Gould group of properties. Thebe rumors
were without offlchd sanction and were
presented in indefinite form, but they
served to awaken great animation In the
speculative dealings. Rock Island prefer
red was rushed up 2 on top of yester
day's 44 point gain. The record of tran
sactions in this stock came out on the tap."
in a string. 1 ' share blocks and upwards,
making up tire bulk of the record. The
movement was feverish ;.nd violent.
Other stocks in the Rock Island group,
and the members of the Gould group ad
vanced In sympathy one ti three points.
Elsewhere the dealings were on a moderate
scale and the upward movement somewhat
restraining owing to fears of an unfavor
able effect from the unbridled speculation
thus centered on a l.mited group. Before
the first hour was our the general list
offtr.-.l u Eliurn fi'l u-M,.h nut nrtfa icM
e -' " .....
beiow last night s lev. 1.
Kuhn. I.oeb & Co.. fall tr.d.iy that the
financing vt the St. Luuis & San Fran -
I Cisco had been under consideration by 1 the whole execution that followed the sup
! them, but that recently the company in-1 r.ression cf this outbreak. He has ink,. ,
formed them they wished to dispose of
their per cent general lit n bonds to
others, and Kuhn, laieb & Co.', connec
tion with the opeiation ceased.
A statement issued by Speytr Co.. dls-
closeg that firm as tho buyer of a Urge
block of the bonds and a formal announce
ment by the company to that effect is ex
pected to be made during the day.
St. Paal Wreck la Sioux Illy.
BIOL'X CITY. la. De. 2. (SpecU. Tele
gram.) Two passenger trains of the Chi
cago. Milwaukee & St. Paul railroad. Cl,.
Ilded at Riverside park at 10 o'clock this
morning and several trainmen and pas
sengers were slightly Injured, thougu none
fatally.
III I I.KTIN.
PORT AV I'RIXCIO, De-. 2 -It a. m.
The people of Port an Prini-e have turned
against Nord Alexis. The palace is sar
rounded by un Inf urlited mob tailing upon
l.lm to leave toe country. Almost every-
'' lij
In the cr Is arnid. Haitlen
(women
besides themselves with rage, are
iown curs- on the head of the
culling
ng"d man who v. as to. lay dep' sej from the
presidency of the rr public and hurling
course epithets at him and his family.
11 p. 111. Armed sallois from the two
Aine lean cruisers and the French (tu.acr
in tho harbor were landed at 1:30 today.
Tl.ey are guarding their respective lega
tions. Ti e rage of the mob against Nurd
Alexis was appeased for a short time by
1 he giving out of the news that the former
prisideiit had embarkeJ on a vessel at a
olstunt point.
This is not true, for the president Is
still at the palace. The people, are now
realizing, however, that they were de
ceived and now groups are again forming
around the palace. Their attitude is dis
tinctly menacing.
W ASM! Vll'l'l l' Ilo.-. " A , .!,-. ti Mln.
lster Furnlss cabled the St:ue department
today unofficial Information has reached
him that President Nord Alexis would leave
the city today by a Haitlen war vessel.
The French minister lias put a war vessel
of that country at the disposal of Nord
Alexis. The minister says that Purt Au
Prince Is "practically In charge of the
revolutionists without bloodshed."
PORT AU PRINCE, Dec. :.-The people
of Fort au Prince have revolted against
the government. They are now In posses
sion of the city. There has been no fight
ing with the government troops.
A provisional government has been estab
lished and General Legitime has acrepteJ
the pie&iiency of the new administration.
The events of the morning came belore
the y were expected. Uneasiness was no
ticed throughout the night on the rart of
the people, but It was not thought that the
outbreak would occur so quickly, nor that
the movement would be successful without
the shedd.ng of a drop of blood.
The deposed president, Nerd Alexis, Is
still at the palace. The members of the
diplomatic corps were in conference at 5
o'clock for the purpose of taking measures
to facilitate and hasten the departure of
Nurd: Alexis from the republic.
Mln later Flee to Legations.
The coup bus ben remarkably saccea-fal.
All the remaining ministers, together with
the high military
officials under Nord
aivaio, into la'vvii ivtiubu ii. .110 .ati-'ua
foreign legations. Thete are the same men
who nine months ago ware protesting vo
ciferously against the granting of the right
of refuge to unsuccessful revolutionists by
the foreign diplomatic and consular repre
stntatlvca. Today they are only too happy
to seek the protection of a foreign flag
to escape the fury of the people.
The only man to remain loyal to Nord
Alexis is General Cumllle Gabriel, his
nephew, who for the last six months has
Alexis.
The movement had been well organized.
The final preparations were completed
lest evening, and In the early hours of the
morning banda of citizens, organized and
armed, moved quietly about the town and
took possession of various points of van
tage. At 8 o'clock last night there was
an outbreak of rifle firing in the suburbs
and It was thought that the conspiracy
had been discovered and that the fighting
had begun.
No Slarn of Conspiracy.
This was. however, a faise alarm. Ex
citement reigned for a while, but Is was
goon learned that the firing came from
an over zealous patrol. With the excep
tion the night passed quietly, and there
was nothing to intimate to the author!'
ties that the citizens were preparing to
take possession of the city at daybreak.
The movement was directed by General
Canal, a member of the senate. It is a
remarkable fact that not a shot was fired.
The soldiers of Nord Alexis saw that the
rebels had the upper hand and they quickly
let It be seen that they had no Intention of
starting a fight that undoubtedly would
have resulted In much bloodshed. The
presence or the American cruisers Des
Moines and Tacoma, and , the French
cruiser Duguay Tourin, undoubtedly had
a restraining influence.
The clt'xens are in possession of the
central police station and all the nollec
outposts, tho arsenal, and the port. These i
bodies of men are all well armed and
well supplied with ammunition. The fact!
that they are thus prepared shows the j
thoroughness with which the movement!
was organized. I
Ah soon as the success of the movement j
was established a number of prominent I
c:tiz ns held a meeting and formed a coin-
uiiuee or puoue sarety, ami the mainte-
aance or order in fort Au Prince Is now 1 well, the leper wife of General ardwell, position in tne hope that the commission- lum at Hastings was appointed May 1. MOT
in the hands of this body. J whose case created such a srir In this com- i ers would be relieved of newspaper criti- for a term of six years and Dr. Hay'
General Legitime, president of the pro- ! munlty and In Arizona, died this nurning ! cism to which Biggy felt they had been ; superintendent of the Lincoln asylum, and
visional government, was at one time pres- '. of leprosy in the county hospital. S nce ; subjected on his account, but Kiel, accord- Dr. Young of the Norfolk asylum have
ident of the republic. j ier return from Arizona and the death of : ing to Ills own recollections, refused to commissions bearing the same dates. The
Defections Not a Surprise. I her husband Mrs. Wardwell had grow n j accept or consider the proposal. commission held by Commander Hoyt of
The fact that Nord Alexis ministers de- i steadily worse and her death had been ex- , tilu (jran,i inland Soldiers' home expires
serled him at the last moment did not ' IC'-'d for some time. ,NEW GERMAN POSTAL RATE S ptemLer 9, 1!. Jseph Presson's corn
come as a complete surprise. Their loyalty i - I , mission as commander of the Mllford Sol-
... . lanisaaiAaA morn IA niAta, . . . . . .
was sispecieu ana me defections of the
last two or three days showed clearly what '
might be expected. Oeneral Jules Coleou. i
the military commander of Port au Prince !
is among the refugees, as is also Oenerai ;
Hyaeinthe. Coleou Is the man who caused '
the assassination of his own brother and i
.. l.lm ...... la-, r
i w w mo ...Liijuio ia January ior CvlTl-
plrclty In the unsuccessful revolutionary
I movement that broke out at that time, and
j Hyaeinthe is the official who presided at
' refuge at the German legation. General
Ltconte, minister of the Interior, and M.
Lifentant. one of the personal advisors of
Nord Alexis, took relugo in the French
lunation last nlehl. General Mim.lin '
lster of finance and commerce, also
I a
refagee.
No change In the position occupied by the
rebels has been reported since last even-
Ing. They were then about thirty miles
from Itfrt au Prince. OVneral Simon,
leader of the present movement, is ex
pected here at any moment.
No Surprise at Waahiaatoa.
WASHINGTON, Dec. 2.-TI,e news of the
establishment of a provisional government
(.Continued ua Second Pag
From the Chicago Tr bunt. i
j i
CATTLE ON RANGES SUFFER
Thousands Are Starving from Cold
and Lack of Feed.
STOCKMEN CAUGHT UNPREPARED
Feed Selling at Almost Prohibitive
Price In Arkansas Valley
Grass Short and Kx
tremely Scarce.
DENVER, Colo., Dec. 2.-Thousands of
cattle on the ranges In Colorado are re
ported to be starving with the prospect
" ""' 7 ,
opened early and has caught tlkj majority
of stockmen unprepared. Feed is selling at
almost prohibitive prices In the range
districts, hay bringing t'X to 130 per ton in
the Arkansas valley and. Pnrk range dis
trict a.
t.. t .mh ,.,-.i.,o-,.
the cattle are already in the condition
they usually show in February, after they
have been forced U pick the ranges bare
for subsistence and that marry of the herds
look as though they would be depleted by
over half before Christmas. In tho Park
range district the first snow, which fell
early In October, still covers the ranges
and hundreds of cattle perished In tho
first storm. This number was Increased
to thousands in the storm of the li tnw
days. Range cattle cannot be shipped be
cause of their poor condition.
There has been but little grass on the
lao&ca III intr puu lire .iniri II piri Ot trie
state for several months, owing to lack
I . . ..
of rain during the Into summer months.
This situation is believed to prevail In the
west generally this year. .'
The temperature fell below zero las'.
night generally east of the continental
divido and caused great suffering among
the badly nourished range herds.
MILKMAIDS JjAVE CONTEST
Third National Dairy Show Bring;
Held In the Coliseum at
t hlcnsro.
CHICAGO, Dec. 2. The third annual na
tional dairy show was opened In the Coli
seum today and will continue until De
cember 10. The exhibition Is the most com
prehensive of Its kind ever attempted.
I nl.v r.n-m il.nlarod Ia ha i Ik. fln..
' " '
' the world, were rivals for popularity
; wUh a her(1 of Kerry-Dexters. said to be
' the smallest cattle In existence. Milking
I contests, in which dozens of gaily garbed
1 mlk maids participated, proved far more
popular than the exhibitions of milking
' machinery. '
'
CALIFORNIA LEPER IS DEAD
Mrs. J. V. Wnrdwell Expire at the
County Hospital nt the
Dreaded Disease.
j
LOS ANGELES. Dec. 2 Mrs. J. C. ard-
1 AHNANoAd hlVtn Id nldlNU
Dank Ncnr Hotel and Court House
(avliiit In Hi-.d ItuiidiuKs Are
Heated.
- j official announcement of the Postofflce : years. Th-J six-year terms are fixed by
PINE BU FF. Ark.. Dec. Tlie Arkan-' department today, the new postal agr. e- ; statute,
sas river reached a srage of twenty-three i nv-nt between the I'n'.t.-d Sta'e and tW-j it is generally believed that Governor
feet early today r.nd 1 rising rapidly. The ' many provides that after Jai.u'.ty 1. If' .'J, 1 elect ShaUeiibcrg-r could find some exouse
bank of tlie river In tlie rear cf the J. f . ! letters for Germany paid at the ridj' cd;i,f couise to let tli.se superintendents out
ferson hotel and county court house began I ra'e of 2 t ent will I dispatched only by i hm it is not believed a complaint charging
falling into the riv. .- In lare sections this ; steamers i-ail-.ng from New York fir Ger-j activity in jiihth s would lie.
morning. The court House annex lias been
vacated by the officials, who consider the
building unsaf
PRAGUE
MARTIAL LAW IN
: students and t.endarnies Kniiate
In
j Sanguinary Conflict la
I Suburb cf City,
FRAGT'E, Austria. Lee 2. Martial law
was proclaimed in thla city today. Tnls
action on the r:'t of the government eei v d
greatly to e:easrerate the Czech students
of Prague, and they forthwith starred riot
ing. There was a sanguinary conflict be-
j tween them and police nnd gend innes at
, j Wernbuig. a suburb i f Prague, In which
J many students were wuunded.
CONVENTION
Employed Officers Conference of the
V. M. C. A. Will Meet Here
In Jnne.
"Omaha, the Convention City," has se
cured another convention. The Employed
Officers' Conference of the Young Men's
Christian Association of North America
will hold Its annual convention In Omaha
June 1 to 6, Inclusive, next year.
This information came t General Secre
tary Wade of the local Young Men's Chris
tian association yesterday. It was received
with great satisfaction and enthusiasm. It
will bring to this city every officer of the
Young Men's Christian association who
works on a salary In the Unltod States,
Canada and Mexico, numbering in the
hundreds, and they will transact Important
business. This, it Is urged, will give Omaha
even greater prestige us a Young Men's
Christian association center. .
Several other cities sought the conven-
tion. Among them were Detroit, 8L Louis.
Cincinnati.. Cleveland. Minneapolis, and, of
I course. Kansas City. The Ohio cities were
eclally anxious to get It. but when they
couldn't because the officers desired to
i come 'urtner w?8t' tney tllrew thelr lnfIu -
! enca t5 Omaha. Robert E. Lewis, state
! secretary of the Ohio association, who re-
cently made an address at the Commercial
club in Omaha, got behind Omaha and be-
came a factor In Its success. Mr. Wade
is almost ready to express a dpubt of
Omaha's victory had not Mr. Lewis given
' It his support.
Detroit made a. strong pull for the con- i
ventlon and so did Kansas City. But. while!
i tne officers were anxious to come as far
......, . , ,. I. ... . j I' fu n fltnaho tl.r... .11.-
west as Kansas) City or Omaha, they did
not Incline favorably toward the. Missouri
town. In the first place, Omaha Is far
more Important In Young Men's Christian
association circles than Kansas City, and
! the n"Xt factor was Omaha's central loca
OMAHA GETS A
tlon with reference to the whole number, , primary election and the election next fall
and third was the superior climate of Ne- j nt which It Is by no means certain he would
braska. This, of course, was a big element 1 oe chosen. After considering all these dis
In determining the choice, for old Mlsg-mrl ! advantages Judge Sullivan concluded ho
i could have nothing to offer on that score
with Nebraska.
Secretary Wade and State Secretary ' "-" " "ie juuge looxea ror a house In
Bailey and their staffs will go to work I Lincoln. It can be stated almost with au
now on the preparations for entertaining thorlty that during this hunt Judge Sulli
the convention, determined to convince the 1 van d.clde.1 to quit. Trying to rent a
delegates that they made no mistake in
selecting Omaha.
BIGGY'S RESIGNATION IS IN
Information Received that
mitted It Before Ills
terlous Drowning.
He Sub-Mys-
SAN FRANCISCO, Dec. 2. The body of
Chief of Police Utggy, who was drowned In
i tho bay on Monday night, has not yet been
recovered, although the police have main -
j talned without Interruption the search In-
! Htuted yesterday. That Chief Biggy of -
fered his resignation to Police Commls-
i sioner Hugo D. Keil an hour before his
j death and during the period of his visit
to tho commissioner's home at Belvldere
became known today. Ken admits that the
i misisng official offered to surrender his
' AK,,"M"en, "encneu mr i wo-i eni-an-
Ounce Chance from I nlted
Sit-tcs.
WASHINGTON. Ic. 2. Ao ording to an
I man pons. scan. ers n: uie .muuo woman
j Lloyd and Il.imburi-American lines sailing
from New Yolk usually on Tuesdays and
(Thursdays. Ulteis for Germany dls-
i l"torie.t via Great Britain or France must
lie paid at the postal union rate of 5 cents
. for the first ouuwa and s cents ror each
additional ounce.
JAPANESE STEAMER FOUNDED
Entire Crew and AU I'aaaeusjers of
Ulasey Mara Lost OS Wei.
Ilel-Wrl.
KOBE, Japan, Deo. 2. The Japanese
sleunur Glnsey Maru has foundered off
Wtl-Hei-W el. Tho entire ciew and all the
passengers on board weft lusu
SULLIVAN QUITS THE BENCH
Newly Appointed Judge Resigns After
Only One Day's Service.
PRIVATE REASONS THE CAUSE
Much Discussion Over Question
' Whether Governor-elect "hallen
berirer Will Remove Officers
llefore Terms Kxplre.
(From a Staff Correspondent.)
LINCOLN, Dec. 2. (Special.)-Lawyers,
scribes and what not took up their vigil
again this morning at the duor of the
office of Governor Sheldon, some to beg
! and demand and insist on the appointment
' to 1,1 ePsltin made vacant on the supreme
j hfnch by the resignation of Judge John J.
I Sullivan, others to appear for favorites and
others to find out what was doing. From
I y morning, when the first rumor got
I abroad that Judge Sullivan had resigned,
I until Governor Sheldon lost himself at the
1 foot ba" 8ame dld the thron urr"n'l
j hini. The shoes of Judge SKjllivan were
scarcely laid aside before there were many
teet reaching for them,
; The resignation came as a great surprise
j nnt on,v to Governor Sheldon and members
, of 'he bench, but to others aa well. When
j Judge Sullivan's Intentions were made
Known .n me juuges mey insisted that tin
serve out his term,
Judge Sullivan decided upon his resigns
! tlon during the night, but why 'no one has
' Vt offered a satisfactory explanation.
' V . L llllfri'fl M. HH! RIHCinrV AYH DH'tF in
! From friends of the Columbus man comes
j this explanation: Judge' Sullivan could not
afford to accept, because he would have
to move to Lincoln, give up his Columbus
home and his prnctlce; then would come,
better resign.
I Mrs- Sullivan was here yesterday and
house in Lincoln on It.udo a year and still
I'a' grocery bills was too much for the
new judge.
Yesterday morning Judge EVillivan
thanked Governor Sheldon for the appoint
ment and announced that he Intended to
accept and he was later smsrn In as Judge.
I Today his only reason for resigning was
personal reasons."
In resigning, however. Judge Sullivan
acted In accordance with the law which
he himself laid down years ago thut when
i the burdens of office became too heuvy
; an offfcer had the right to resign,
i w in Omelet. He Removed f
a number of persons are wondering if
i Governor-elect Shallenberger Intends to
j 0UHt bodily heads of state institutions
; whose terms do not expire for some four
years and whose term of office Is fixed by
I statutes. Superintendent Kern of the asv-
Uers' home expires May 22, 19o9, and that
of J. T. Morey, superintendent of the In
, sritute for the Blind, June 21, lf"9. The
commission reads during good behavior or
, words to that effect, not to exceed two
n is tne rule tnat When a postmaster Is
; appointed for four years he serves out his
term notr Uhstanding a change In adminis
I trntlon, hut It is hardly possible that the
j new democratic governor will let well
I enough alon; i ven lor a short period.
Brothers May Be Reouited.
By tin- medium of the press, Lewis
O- Connolly and T. R. O'Coiinoll) , Separated
by a continent and an ocean, are to be
united Hfler almost a quarter of a cen
tury. Some time i.go Deputy S-.cretary of
State Addison Wall received a letter from
Lewis O'Connolly Inquiring for the where
abouts of his brother, who, many years
ago practiced law in Nebraska. Today Mr
Walt received the following letter from the
(Continued en Thlid Puge
WITNESS FARTIALLY OVERCOME
Court Takes Recess Wtile Hanna
Dineen Recover Composure.
TWO THEORIES BY DEFENSE
filicide on Impnlse of Moment or
Denlh nt Hand of Mrs. liter
Will He t rued by Davis'
Lawyers.
One by one County Attorney English l
bringing out by minor witnesses at the
trial of Charles K. Davis, accused of mur
dering Dr. Frederick RiiRtln, the bits of
corroborative evidence with which he hopes
to substantiate the main story of Mrs.
Abbie Rice when she goes on the stard
to tell probably the strangest narrative In
volving a suicide nnd murder pact ever
told lu court. Mrs. Rice will probably go
on the stand some time today and. It Is
believed her examination will require at
least a full day's time.
Besides the corroborative evidence. Mr.
English brought out a piece of Important
testimony when Dr. Lavender, formerly
coroner's physician, was on th? stnnd. IT.
Lavender testified In his opinion, tho
wound received by Dr. Rustln could not
have been self-Inflicted, though he ad
mitted on crops-examination that he
had previously testified at the Inquest, that
it was iossible Dr. Rustln had shot him
self. The crowds In the court room Incrensed
during the afternoon session, and there
was little standing room left when court
reconvened at 2 o'clock. The audience was
restless at times, and Judge Seara had to
warn the people to keep quiet several
times. Once he threatened to lock the
doors to prevent spectators from passing
out and disturbing the court.
One W Itne-ts Overcome. .
The taking of testimony was Interrupted
shortly before 3 o'clock, when Miss Han
nah Dineen. a servant in the Rustln home,
was partially overcome while testifying.
She was assisted from the witness chair
to the Judge's private office, and after a
few minutes was able to resume her story.
She was warmly dressed and the room
was close, and this, with the excitement
and nervousness caused by going on the
stand. Is believed to have caused her to
become faint.
At the opening of the cession Dr. J. P.
I Iird took the stand and his crnsg-examl-j
nation was continued. Mr. Woodrough held
up In front of him n black fedora hat, and
j he was asked If Jt looked like th one th
' man he saw coming down Farnam street
had on. He said it did not. A sod ray
i felt hat wng then given to him and he
iraid that looked more like the hat, except
! ing It wag black or dark. County Attorney
i English then took the fedora hat and
crushed the crown In all around and Dr.
Lord sold that looked very much like the
hat the man had on.
I Dr. Lord renewed hlg denial that he had
told rx lice officers he saw no one on his
i way to the Rustln home.
"The police officers asked me If I had
seen a man about the house or on the lawn
I or porch and I said no."
He said he mentioned to the officers
1 (hat he had seen a man while he was on
! the way to the h use, but they secmrd
I preoccupied and apparently did not pay
: anv attention to It.
j Dr. Lord also identified the vest Dr. Rus
tin had on when he was shot and he
i pointed out the bullet hole In the front
tf It.
Servant Telia of Tragedy.
Hannah Dineen, the servant girl, related
j the incidents of the morning of tho tr.ig
i edy in a timid, frightened way, and In a
1 voice so low she had to be urged to tallt
( louder.
j "Hannah, Just talk like you were talking
i to the girl In the next house," urged Judg?
Bears i nee. Miss Dineen told of Mrt. Rus
I tin's calling her and of her helping dra-r
j the doctor into the hall,
j "What did he say?" she was asked.
"He said, 'A man hot me.'"
I She said a woman called up the house
at S o'clock and again at 8 o'clock after
: the doctor had been taken to the hospital.
; This corroborates Mrs. Rice's statement
that she tried to reach the doctor by teh -
phone. She ulso identified a small white
! tablet as on she hart found near the
' steamer chair on tho Rustln porch as she
I was sweeping it off ut 7 o'cloi k the morri
! ing of the tragedy. She ulso found two
! cigar stumps, uic on the railing near the
steamer chair on. I one on the floor near
1 another chair. She testified the night be
I fore the shooting she went to visit her
j sister In Dundee and returned home about
I lurto. As she got off the car at Fortieth
and Farnam she said she saw a man
standing on the corner.
"On which comer was he standing""
I Ccuntv Attorney English asked. Mist Dl
i neen did not reply but appeared confused.
' She leaned over und requested the court
; reporter to bring her a gtuss of water.
When this was done she took a sip and
then usked to leave the stiinj. She Woe
I psslsted by County Attorney English t
I Jbe Judge's private office and the CoUrt
to k a recess. After a few miirateg the
j WdH able to nturu to tlie stand.
I The question was reread to her and the
j replied It was on the corner near tiie
Mey. r residence. Slro said the man walke d
j ricrosH the street very slowly. He had on
j a dark suit and she thought he Was
smoking. The state will contend thlg wag
! Cl.ar'rs E. Davis waiting for Dr. Rustln
' to np;.ear. She hj!d she found no re-
volver the niornii.g . f the tragedy. On
I crot.s-1 xaminutlon Mr. Gurl "y brought on
that Mrs. Rustln and Dr. Rustln had bad
some conversation w hii h she did not hear
as the doctor liv v the finer In Lhe hall.
Wound Not Self-inflicted.
Dr. W. R. l.irve.ider, who performed the
autopsy on tire lu dy, ilea, rile d the injury
in detail : nd produ.ed the .:. -caliber bul
let lie took from the wound. He and
there waf no trace of powder on the
flesh.
When Coirn'.y Attornev Eoglish attempte !
to procure from him a statement a to
whether or not the wound could have
been self-Inflicted vigorous objection was
made by the defense. A'ter much parley
ing as to the form of the question County
Attorney English finally asked Mm what
conditions he found which would enable