The Omaha Daily Bee
VOL. XXXVI II NO. 143.
OMAHA, FRIDAY MORXIXU, DECEMBER. 4, 15)08 TEN PAGES.
SINGLE COPY TWO CENTS.
MOB SACKS THE CITYIsummary of the bee
CABINET PLACE FOR BURTON
MRS. RICE MAY TELL
Frldny, Drrrmlifr 4, lOOH.
Ohio Congressman May Have Treas
ury Portfolio.
Stores and Residences Looted After
Alexis Leaves.
Woman's Evidence is Admitted as
Testimony by Judge Sears.
1908 DrcEMBER- 1908
ivv nov ttz, iiCd mr tPj JT
GENERAL POIDEVIN IN CHARGE j j g g 4 0S
MAN WELL POSTED ON FINANCE
PIVOTAL POINT IN DAVIS CASE
lie Prefers a Seat In the Senate and j
Appears on the So--with His Com- O V O U 11 J I J
Mar Withhold Ills Answer Intll
Situation In Ilia State
t Inrlfles.
Story of Rustin Telling: Her He Got
Defendant to Kill Him.
mand and Sa . 'ituation. .? 1,1 fi 1Z la Itf
-i
ONSLAUGHT BREA;
MOB SPIRIT
Eiht of the Pillar 7all at the
First Shc '.;
RESIDENCES OF RIC- VISITED
.riirrnl Simon, trader of llrvnlatlon,
In Forced March lo Scene
Lending Fle 1 tiiioMiiil
.Men.
Bt LI.KTI V.
y HT AC PRINCE. Haiti, Dec. 3.
1 1 r ! had been completely re-estahlishe d
ii Port Au Prince by 11 o'clock tills morn
ing. The committee of public safety had
made an appeal to the moderation an'1
Wisdom of the population for the purpose ot
nvnldliig foielg:i Intervention. A numbei
rf pillager of last night have hern ar-re'.-l.
I'ORT AT' PRINCE. Dec. S.-The stirring
rnts of an exciting and historical day
that saw President Nord Alexis driven
from his capital with an Infuriated mob
nt his heels were followed by a night of
looting and pillage In I'ort an Prlnre.
The passions of the populace had been
aroused and af'er being defeated In their
nidi avora to do bodily harm to Alexis thej
turned their attention to well-stocked
houses and resiliences o( .the supporters of
their late president. They were rapidly
getting out of hand when the authorities
succeeded In controlling tha situation.
Twelve men were killed before order was
restored.
The trouble began shortly after the
president had been escorted to the French
cruiser Duguay Trouln by M. Carteron. the
French minister.
People from the Helulr and Salines sec
tion of the city Invaded the business quar
ter and lost no time In turning to tha
work of pillage and robbery. They divided
Into bands and worked their way down
one street and up another, breaking Into
the stores that offered the best chances of
loot. Tha locks of doors that barred their
progress were broken with rifle bullets.
The pillage was well under way by 8
o'clock and by 10 o'clock eleven stores had
been completely looted. Nine ot the estab
lishments belong to Syrians, while Haitians
were the owners of the other two stores.
The proprietors stood by helpless witnesses
Of the destruction of their property.
Mob Divides Spoils.
Goods were hauled out Into the street
and divided among the mob. As was to be
expected, tho crowd became enraged over
the division of the 'spoil and were soon
flghilnafJutiotur: themselves. In' these w-
counters four men were killed.
- At 10 o'clock the situation wbjs very
threatening. The looters were Increasing
rtpldly tn numbers and It was feared that
tliji disorder would spread over the entire
city. The people were rapidly getting out
of hand, when Oeneral Poldevln appeared
on the scene and saved the situation. He
went first to police headquarters and or
dered a detachment of men to follow him
to tne scan of the trouble. The police,
however, refused. The general then got
together a number of courageous cltirens,
ti whom he Issued arms, and rounded up
also a small detachment of loyal soldiers
and at the head of this body of men he
marched on the looters.
The pillager were unaware of his ap
proach and the first Intimation that they
were to meet any opposition came to them
In the shape of a volley from Oeneral
poldevln's command. Eight of the looters
.fell at this first fire. This onslaught
broke the spirit of the mob and, as the gen
eral threateneo to fire again, the crowd
quickly dispersed to safer quarters.
Residences ot Rich Looted.
While tills was going on In the business
district another mob was looting the rich
residential section of the city. The resi
dences o' Oeneral Oocou. General Gabriel,
General Gulllaume, M. Lfentant, General
Marcellr. nd General Leconte were broker,
lntl and plundered. This success stcmed to
satisfy tho crowd In the suburbs, for It
then dispersed without committing any fur
ther depredations.
General Simon, the leader of this success
ful teoiutlonary movement, has been In
form o! the occurrences of yesterduy. At
the hea.1 of bis army of 5,UX men he is
mahliig a forced march for Port au Prince
and probably will arrive here this evening.
The torltlsh cruiser Scylla and the Amer
1. an gunbual F.agle came 'Into port ut day
break todsy. Their arrival gives I'ort au
prince tho protection of five foreign war
ships. RIVER WELL UNDER CONTROL
Pine HlolT, Ark.t t'ltlsen Succeed
Dltrrtluf the Itawlnu
Stream,
PINK BI-l'FF. Ark.. Dec. 8.-Radical and
determined methoda wele um-o by un
known partus last night in their efforts lo
divert the swifl current of the Arkansas
river from the Pine Bluff banka and
throughout the night loud explosions sho.ik
the city. Dynamite was freely used In an
attempt tJ protect threatened property.
Today more than 100 yards of the point of
land orill I'lne lllutf- known as Boyd's
Point. Including a fjur-roo:n residence,
hud disappeared from view and the river
la sweeping past the city in a wider chan
nel and. with less force on the endangered
bunk.
The river is expected to recede tonight.
The court house annex and Hotel Jeffer-
on, which were regarded to be In danger
of collapse, are stunding intact today.
-
WESTERN MATTERS AT CAPITAL
amber of Hural C arriers Are .Named
for Ytkraiks sua South
Dakota.
(!"roin a Staff Correspondent.)
WASHINGTON, Dec 3. (Special Tele
g: art.) Rural crr!er appointed: Nebrabka
Allen, routa 1. Harmon T. Woodward,
t i n tor; Vloa Woodward, suhr.ltutx. g.uth
1 ikota Irene, iout 3. W'lllaro Anderson,
earlier; Carl P. Jenson, substitute. Madi
son, route 3. Emil Kolashefskv, carrier;
Paul Koepp. ubtltule. Tyndall. route 4.
"SO llllant 1- Robinson, carrier; K. U. Rob
inson, subtllJt.
20 2 22 2S 24 25 26
2Z 28 29 SO SI '-
THE WEATHER.
F'R OMAHA. CtH'N' H. HLFFF3 AND
VICINITY 1 1 -liny, Willi possibly snow Frl
Cuy ; 1 ol:e.- Fritlav.
MK NKt'.HA:MACo:l'T Friday.
FOR I iWA Cloudy I'riilay, with snow
In north purl ion; older Fihiay.
Temperature at Omaha yesterday ;
Hour.
A a. 111 . ..
t a. 111. . .
7 a. 111 . . .
S a. 111...
fl a. m...
1" a. m...
11 a. III...
12 m
I p. 111...
L p. ni...
3 p. 111...
4 p. til...
u p. 111...
Up. in...
7 p. 111 . . .
8 p. in...
i p. in...
DK.
xt
i
11 I
11 i
12 1
- .
Jj i
ID j
38
DOMESTIO.
Interstate Commerce commission hears
complaint of Central cieumerics over the
advance in cream rate. Page 1
The Kansas City negro mull pouch rob
ber was sentenced to ten years in prluon
New lumber rate from Pan FrancU. o
,
to eustern points were effective yn-t.T-
1,
VI' i ...ii, k ii . i ,i . , I
l ii. a,.-iin,i ..- lit . ... iiiui v niiitpfi-
nian Hurton may have the treasury port
folio under President Taft if ho do-
sires It. Page 1
Several NebraskaiiB have drawn prizes
for their stock on exhibition In Chicago.
Page 1
John D. Archbold denies that the Stand
ard Oil company haa sought to limit the
production of crude oil by Its system.
Page 9
Governor Magoon has a consultation
with Secretary Wright over the method
of withdrawing the troops from Cuba.
Fs; 1 i
The Arkansas river at Pine Uluff Is
now well under control. Page 1
Ventilation of the large mines forms
the chief topic of discussion at the na
tional congress In session ut Pittsburg.
Pass 3
The formation of the Harvester trust
was brought out at the Jefferson City
hearing yesterday. Page 1
TOBEIOW.
A period of looting followed the chunge
of government at Port Au Prince, but
quiet was restored, due to the efforts of
Oeneral Poldevln. Page 1
Constantinople witnessed the un
precedented Hpectacle of tho ballot boxes
being taken through the streets yester
day. Fags l
T.OSA,
..ut( wlnj important point'in the trial
of Charles E. Davis for the murder of
Dr. Rustin In tha Introduction, over the
objection of the defense, of Mrs. Rice's
story, of the suicide, pact and of Rustin
telling her Davis had promised to do the
deed. Page 1
Building Inspector AVlthnell balks on
council's order permitting the erection of
a frame building within the fire limits.
. Page 9
Suit for $10, 000 closes the grain com
mission house of J. A. Boyce. Page 10
Southern men enroute to the Corn .how
forced to ford swollen river in order to
reach Omaha. Page 9
Joe Butler, the democratic boss of the
Eighth ward, fighting mad over his fail
ure to in ml the oil Inspectorship. Fag 0
Sir Horace Plunkett, who Is In Omaha
looking over his real estate interests,
says there Is nothing to say at uresent
regarding any building operations.
Pag 9
COUMZRCXAX. AND XHDUSTKIAX.
Live stock markets. Pag 7
Grain markets. Pag 7
Stocks and bond". Pag 7
MOVEMENTS OP OCIAJI STEAMSHIPS.
Port. Arrived.
NEW YORK K.thrrlns
NEW VOHK Kuelva
NKW YORK l arpathla
new York Tinets
NKW YORK Kstnnl.
KKW YORK Meillf
Snt'THAMPTONCdeann
HUNU KONU.... Chins
qUKKNSTUWN
Sailed.
. . . .Campania.
.. .. Antwerp.
. ... Ailrlauc.
RECOVERS STOLEN NECKLACE
Chance Itemark 1 Boy Leads
Finding of I'll teen-Thoaaand-llollnr
Gem.
to
NKW YOKK. Dec. 3. A chance remark congress he Introduced the same bill, but
to Police Inspector McCatferty of this city it was never reported out of the commit
by the young son of one of his friends that teo because objections were raised, that It
bo knew a man who had a fine necklace
for Huh? ltd to the recovery today by Gar
n It K. I mull nf Plinfnn. In., of a rcarl
: necklace said to be worth J15.0O0. which had
i been lost s'neo last February. McCafferty
called to see the necklace and seized it.
He was told by the man wtio had it that
i a I.om Angeles, Cal., pawnbroker had sent
it lo him for disposal here. After diligent
;lr"u"' 8 ''' " New York f-ollve a. circular
was obtained oifering JL'.OW for the return
of Jjst such a parl necklace as the one
that had been seized here.
T:kii followed tl
visit of Mr. Lamb to
New
York and the Identification of the
necklace. Mr. Lamb said he was a guest , old Herefords from the southwestern tts
in the lion.e of Frank G. Jones in Memphis, j trlct and first for Hereford specials In
lnn., last February when bu glars en-, 3-year-olds and I'-year-olds, also first for
teiej the houw ami got away with 25.0 0 j Denver stock yards specials,
worth of jewelry, of which the necklacs! Mousel Pros., Cambridge, won first on
t in a part. The price asked for the neck- Red Polled cross-bred steer and second
lace by the man boliling It here was $,iX0. : on 3-year-old Hereford bulls In Red Polled
cattle.
NEW LUMBER RATES EFFECTIVE! Frank Davis & Son. of Holbrook took
! four firsts and several lesser prizes.
( barge Is Fifty Cents from West
Coast to Mlaaomrl ltlver
I Common Points,
j
) SAN FRANCISCO. lVc. ..-New fre.ght
rates on lumber and lumber products orig
inating at Humboldt Hay will become ef
fcctlve today. They are established as
proportloni.1 figures applying from San
I Fruncisco, Oakland, Diamond and Cornwall
via the Southtrn Pacific and Southern
Pacific. Oakland, Point Sun Paolo, Rich
mond. Diamond, Anlioch and Stockton via
the Santa Fa.
Contrary lo expei t lions, there is no ex
cess charges on siiipn.ents ot shingles In
either straight or mixed carloads.
The rates to New England aro 90 rents
and to the balance of seaboard point 7D
cetits; to Chicago common points, &6 cents;
t.i M'ssouri river common points. 10 cent.,
anil to Co lot a Jo common points 10 cents.
HOT SPRINGS. Va., Dec. 3.-President-elrct
Taft made It decidedly plain today
that no information for publication might
be expected from him regarding the make
up of his cabinet until he Is ready to make
the official announcement of the entire
cabinet. Acting on this declaration, he de
clined to discuss the report from Cleve
land that Representative Theodore B. Bur
ton of Ohio had been offered the treasury
portfolio.
That the report respecting Mr. Burton
has foundation Is the belief hero of Hiost
who know. Mr. Taft s. high regard for the
statesmanship abilities of the Ohio con-
giessman.
The: present situation with respect to the
n.iMp la iit..lnrDl.tnr1 hfira I r. l.a. that Mi
' " "
Burton has been told by Mr. Taft that he
may !: Invited so accept a cabinet position
and that Cither the Treasury or the State
department may be available In this con
nection.
That a more deflnlto understanding could
not be had is due in part at least to tho
position of Mr. Burton ns a candidate for
the senate. This situation makes It plain
that a positive statement cannot be made
at thin lime ns to what Mr. Burton's con
nection with the next administration will
be. Should he fall In his ambition for the
-. ....... 1. ! eauarilail n a .7 1 in il iriinaa Ih.l
, ,,, . .. . . . . ... ,
ho will be a cabinet minister. Mr. Taft
. ... i. . n...,. -
has heretofore spoken very highly of Mr.
Burton's understanding of financial matters
j and his general high statesmanship quali
ties.
Arthur I. Vorys, Mr. Taft's Ohio chief of
staff during the campaign and now actively
engaged in promoting the senatorial fight
of Charles P. Taft, stopped here today on
his way from Washington to Cincinnati.
He will have a conference with Judge Taft
late tonight.
WASHINGTON, Dec. K. That Repre
sentative Theodore E. Burton of Ohio has
been offered the portfolio of secretary of
the treasury Is generally believed In
Washington. For years the Cleveland
representative has made a study of ques
tions of finance and the addition of an
other member to the house committee on
banking and currency last winter by
Speaker Cannon in order to appoint Mr.
Burton to that committee when currency
reform was to be enacted Into law was
considered a fitting compliment to the
Ohio man's ability. It Is known that Mr.
Burton would rather have the position of
secretary of the treasury than ac.y other
portfolio. At the same time his selection
to the cabinet would clear up the sena
torial situation In Ohio, It Is believed.
Mr. Burton, himself. In Inclined to pre
fer a seat In the senate to a place In the
cabinet. For that reason It is believed he
will withhold his answer to the proffered
cabinet position until after the senatorial
eiiuatlon ihhlo- ha ctarifled. r ;
When asked concerning the report that
he had been selected for secretary of the
treasury Mr. Burton said today that his
name unfortunately had been mentioned
In connection with a number of positions.
Some of these, he explained, were, mere
conjecture, and greatly embarrassed his
endeavors along other lines. He men
tioned In this connection the senators!) Ip
from Ohio, the position of secretary of
state and secretary of the treasury. He
added that he was at present a candidate
for the Ohio senatorshlp.
VENTILATION JN BIG MINES
Possibility Disasters Result from Too
Thorough Circulation of
Air In Workings.
PITTSBL'RG, Pa., Dec. 3. In an address
before the American Mining congress to
day former Governor A. B. Fleming of
West Virginia, a director of the Mononagh
mines said:
"I wonder sometimes if there Is uch a
thing as too much ventilation In the
mines."
The American Mining congress has re
called that In all the recent explosions
the mines were the best ventilated In the
world. Mr. Fleming's question has caused
much discussion, and. according to a num
ber of prominent men, may result In the
prevention of many disasters In the future.
One of the most Important actions today
was the introduction of a resolution pro
viding for a tax of one-half cent a ton on
all cual mined to provide for pensions and
other relief In mine accidents. Congress
man Mcllenry of Pennsylvania presented
the resolution, and it is his intention to
Introduce a bill In the Pennsylvania legis
lature at the coming session. In the last
savored too much of paternalism.
NEBRASKANS SECURE PRIZES
Oilier, Cambridge and llolbrook
Stockmen (et Place at
t hlcngo Show.
CHICAGO, Dec. J. (Special Telegram.)
Nebraska breeders fared well as prlxe win-
! ner at the International Live Stock show.
Among the awards were sweepstake for
fut cattle, north central, the first going to
: Henry Williamson of Dlller, Neb., for
Hcrefords
He also took first for 2-yar-
NEGRO GETS A LONG TERM
Ten A ear' Sentenee Administered to
Colored Man Who Stole Mall
Ponch at Kansas City.
KANSAS CITY. Mo.. Dec. S. Charles
Stevens, the negro accused of stealing a
registered mall pouch containing fjO.GOO,
from a train here July 6. last, was sen
tenced to ten year In the federal prison at
Fort I-avenworth. Kan., by Judge Pollock
here today. A Jury found Steven guilty on
six counts, but the court ruled he could
only be sentenced on two of them. Nona
of the money ha been recovered. It I
believed the negro ha secreted th money
ami will recover It upon his release from
prlKou. During his trial lie brough a
prominent lawyer from &n Francisco to
defend him.
From the Washington Evening Star.
SLACER SIX, WOMAN ONE YEAR
Would-Be Assassin and Wife of Emil
Baser Plead Guilty.
BOTH GET PENITENTIARY TERMS
Woman Mar Be Sent to MUforU
Home She Cries, bat Singer la
Hap- that Ills Fate I
No Vorae.
PA PILLION, Neb., S.Dec. 8.-(SpeciaI.)-John
Stager pleaded juilty to shooting
Emil Ruser with intqht to kill and was
sentenced to the penlnaiiary for six years
and Mr. M.tMld
pleaded guilty to
Blager and was Ben
the penitentiary by
Omaha In the district court of Sarpy
county here today. (
About next April a J" iwill be taken to
have Mr. Ruser go' . i 4e Mllfnrd home
probably for tho reriUijCjer of her term.
It will bo necessary her sentence at
the penitentiary to b! juspended at that
time.
Mrs. Ruser and Slager were represented
by their attorney, A. IT. Lungdon of Papll
lion. The man maintained the same stolid
Indifference In court that has character
ized him since he was cornered and made
to confess to his ilaiBon with Mrs. Ruser j
and their conspiracy which resulted in his :
firing three bullets Into the husband of
his paramour. The solemnity of the court
and the occasion had no effect upon him. !
His only Indication of feeling was one of j
self-gratulatlon that he escaped Willi so I
light a sentence, for as he wus led out of j
the court room at the conclusion of the
hearing he turned to call to a friend he
observed In the audience:
"I only got six years." j
This fellow had made a sort of wager
with Slager that he would got fifteen
years at least and Hlager was rejoicing
at his friend's bad guess.
Woman Breaks Down.
But the youthful wife was not a stoic.
The Jury had been empanelled in the
morning, County Attorney Ringo had made
his statement of whut he expected to
prove, presenting a severe arraignment of
yie" accused. The attorney for the defense
had concluded his statement and the court
took a recess for noon. The woman's
spirit broke under the lash of the county
attorney's statement. Both she and Slager
had In the forenoon pleaded not guilty,
but when court reconvened for the after-
noon session Mrs. Kuser, snowing tne
I signs of remorse and emotion, changed her
plea to guilty and as this took the props
from under Slager he followed suit, lie
did so with as much nbandon as if he had
been making the most trivial statement.
Mrs. Ruser broke down completely
and cried like a child. She did this, too,
before her sentence was pronounced. Her
emotion was not easily curbed or con
trolled. The spectators filled the court room and
were manifestly dlssatiBl'led at the result.
Evidently they had set their hearts on the
j novelty of a prolonged trial with Its sala
; clous elements and they ill-concealed their
disappointment.
I Iteilew of the Case.
j John Wager Is a large, raw-boned, un
j couth country boy, some "I years of age.
j He had been In the employ of Ruser as a
farm hand for some months and was con
! sidered a faithful worker. Evidently Ruser
i had confidence in him und certainly Ruser
! was Ignorant of the atrocious way in which
I his confidence was abused.
Slager and the woman both testified that
! they had carried on their Illicit love for a
long time and finally bad determined to
! dispose of Ruser and get married, assum
ing what property he left. They laid all
their plans, even to the fine detail of the
woman telling Slager which lde of the
bed her husband lept on. This was for the
purpose of making Stager's aim certain,
for he was to thrust his pistol through a
window beside which Mr. and Mrs. Kuser
slept one night and fire the fatal shot.
Tiie night came. Slager had gone to
Omaha and bought his revolver. The
woman had retired as usual with her un
suspecting husband, who laid down tired
with an honest day" work for his wife ar,J
little one, laid down to be assassinated by
tha man who had tolen the affection of
hi girl-wife.
The hour for the deed arrived. It was
(Continued on Second Page.)
uivnif and abetting
teheed to one year in
Judge lee Estelle of
THE MAN IN THE AISLE.
FORMING HARVESTER TRUST
Kvldenee filren at Jefferson f'lty How
Sabalrtlnry Plnnts Were
Consolidated.
JEFFERSON CITY, Mo., Dec. 3-How
the Inte national Harvester Company of
America obtained control of several of Its
subsidiary plants was told here today when
the hearing of the ouster su't of the state
nf Missouri against the company woji re
sumed hcfiire Theodore Brace, special com
missioner. Vice President William H. Jones
of Foster, Cel., und J. J. Glassner of Chi
cago of the International Harvester com
pany of New Jorsey were the witnesses.
Mr. Jones told of a visit to New York in
1903 which he said he made at the reque.st
of Judge Gary of the United States Steel
corporation. ( ' '
' Judge Gary Introduced him to George W.
Perkins of J. P. Morgan & Co., who re
quested him to sell a plant at Piano, 111.
When the check of sale was signed, said
Mr. Jone, all property Involved was turned
over to a Mr. Lane to hold until the or
ganization of a new company. MY. Jones
said that he was willing to sell the Piano
plant because fierce competition had de
moralized hi business and there wa no
money In sight for dividend payment. The
bale took place July 21, 1902.
When the new company was formed It
had a $12o,0,T0,000 capital, of which 60,
000,000 was In cash and an equal amount
in stock certificates of the consolidated
companies. He said that the International
Harvester company has paid dividends
since 1902 of $'l,150,0ii0 and has a surplus
of S12.00II.0W. He added that the Increase
of about 5 per cent In the selling price of
harvesters' had been caused by Increased
cost of labor and material.
Mr. Jones testified that the new company
bought outright the Milwaukee Harvester
company of Wisconsin and changed its
name to "the International Harvester Com
pany of America." This Is the company
that docs business In Missouri as an agent
of the New Jersey corporation. Mr. Jones
ended his testimony by contending that
the consolidated company had not destroyed
competition in the harvester business. Mr.
Glassner's testimony was along the same
lines. Each witness asserted that there
was no "trust" agreement Involved In the
organization, the company being formed
solely for the purpose of bettering business
condition.
MAGOON CONFERS WITH WRIGHT
Governor of Cuba I)lsease Method
of Withdrawing Troops
from Cuba.
WASHINGTON, Dec. 3 Governor Ma
goon of Cuba arrived here today and had a
conference with Secretary of War Wright
relative to the methods to be employed in
the withdrawal of American troops from
Cuba und on other matte: relating to the
government of the Island. The troops. It
was expected, would be w thdrawn In Feb
ruary, but Just how rapidly and whether a
small number of soldiers will be left there
Is yet to be determined.
Governor Magoon of Cuba poke in the
highest terms of the ability of the Cubans
to govern themselves. He said that during
the two years he had been the governor
of the Island there never had been the least
I necessity for employing the troops on police
! duty, and he added th:it the Influence of
j the United tstates there was a moral one.
Just how long It will take to withdraw the
i American soldiers from the Island is largely
i a matter of transports. The department
uIho is giving consideration to the best
, methods for bringing the troops back with-
' ..lit aiiViln,.lli,- Imm . . V. . .. , ..S 111
uui uifji iiiiiQ iiit-iii , j buo uongri lii ill
ness from an extreme change of climate at
tills time of the year.
ANNUAL MESSAGE TUESDAY
Senate to Adjourn Monday Ont of
Respect to Memory of
Allison.
WASHINGTON, Dec. 3. The presidents
annual message to congress will be read
to the second session of the sixtieth con
gress on Tuesday next Instead of Monday,
the opening day of congress, according to
the plan announced today. Tho senate will
adjourn on Monday out of respect to the
memory of Senator Allison, Immediately
after appointing a committee to wait on
the president and after any new member
are sworn In. Speaker Cannon said today
that the house would also adjourn In the
same manner. Tuesday probubly will be
devoted solely to the leading of President
Roosevelt' nu-s&age.
OMAHA LUMBER MEN LOSE
Commission Refuses to Equalize the
Omaha and Lincoln Rates.
BIG BLOWOUT AT INAUGURATION
Banimet to Be Held ou the Following
Mxlit Inlvrnllr to Ask Legis
lature for One Mill Levy
on State Valuation.
(From, a Staff Correspondent.)
LINCOLN. Dec. 3. (Special Telegram.)
The application of the lumber dealer
of Omaha, to have the Railway commis
sion equalize the rates on lumber from
Oaha and Lincoln to points In the state
was dismissed tonight by the commis
sion. The Omaha lumber dealers alleged
that Lincoln had lower rate to points
in the state than does Omaha and named
about 180 stattlon where this fact exists.
The commission has now under con
sideration the entire classification and
fixing of freight rates and because of
this It felt it unwise to make rates on
any special commodity now. The lum
ber rate question will receive attention
when the commission mats up its new
classification of rate.
Shallenberger on fonnty Option.
A Lincoln paper this afte.noon prints a
story of particular interest to the brewer
of the state who assisted In tho defeut of
Governor Sheldon. It Is a letter credited
to the "Nebraska Issue," an organ of the
Anti-Saloon league.
ALMA, Neb.. Oct. 30 Mr. Blank. Nelson.
Neb. Dear Hlr: Your letter of tho 2sih at
hand. In ivsurd to county option I can
tell you my position frankly. If the leg
islature should pass a county option bill I
consider that It Is the expression of the
will if the. people and the governor's duty
to siun it And if I am elected governor
and the legislature passe a county op. Ion
b.ll 1 will consider It my duty to sign it.
Very sincerely,
A. C. SHALLENBERGER.
Tom Allen Goes to Europe.
It Is reported here tonight that T. 8.
Allen had loft for a trip to London. This
trip Is of pellicular Interest when consid
ered with tho storle afloat that Mr. Brjan
was sending an emissary to Paris to 8 -e I
11 1 son-in-law. Homer Leavltt, the husband !
of Ruth Bryan Leavltt, regarding a re
ported divorce of the two.
Bi glllowout at Inauguration. j
The democrats not only Intend to make
the Inauguration of Governor-elect
Shallenberger an event notable In ihc his
tory of such affair, but it Is now their
intention to follow up the inaugural cer
emonies with a banquet the next night,
which Is to be a love feast for all the
faithful. Wliile definite plans huvetiot
yet been made, the tip has gone out to the
faithful to be ready to come to Lincoln
to participate In the grand festival.
The idea, it Is said, originated with the
new governor-elect and much of the
plans will be left to him, or rather noth
ing definite will bo done until lie ex
pressed hi approval.
Colonel Weiss of Hebron, on the new
governor' staff, was here this
morning and he gave out the tip that
I Hebron Intended sending a delegation 500
strong to the Inaugural ceremonies and
that the same number would be sent up
to a feast given In honor of the new
governor and democratic member of the
legislature. The Hebron delegation will
also bring along a band the band that
went to Denver and helped to nuke Bryan
noise last summer.
It was Goernor-elect Shallenberger'
idea that Adjutant General Schws.rz and
Adjutant General Hartigan to-be should
unite In the management of the In
augural ceremonies, and these two prob
ably will get up a big military affair,
at which both the old colonels and the
new wll participate,
Mauuln to Change lactic.
Will M. Maupln, who has been chosen
labor commissioner by Governor-ni"Ct
Shallenberger, will adopt a few different
Ideas about the management cf the burtau.
"Mr. Ryder has done a great work In
gathering agricultural statistic and calling-
attention to the resources of the state,"
said Mr. Maupln, "and I shall endeavor
to keep up that record. However, whil
trying to keep that work up to its present
standard. I ahull devote considerable time
to Industrial statistics and endeavor to get
mere information along this line. It Is my
opinion, without an Investigation of the
(Continued on Second Page.)
DEFENSE MAKES A HARD FIGHT
Seeks to Have This Statement Ex
cluded from the Testimony.
jSTATE GAINS TWO LEGAL POINTS
Trial Still Attract Large Crowd
and Fnahlonnhle Women Rrnsh
KIlKina with shady Female
Characters.
Mrs. Abhie Rice will be allowed th
motning to tell the Jury In the Davis
murder case that Dr. Rustin told her ho
had secure. 1 ch.irh Davis to shaot him.
The ndmis.slon of this evldem by Judge
Sears is the outcome of two legal v -lories
won by County Attorney English
and Deputy County Attorney Elllck at
the close of the principal fight to Come up
In the case over the admission of evi
dence. Attorneys Gurley nd Woodrougli
lought hard to koi p out this evidence and
the aiguments took up most of the time of
the court ycstetilay.
The first point was raised when County
Attorney English questioned Mr. Rice a
to the change which took place In Dr.
Rustln's demeanor the last month before
his deith. The defenso objected to his
point and the argument began at 11 o'clock
and lasttxl two hours. Judge Sear admit
ting tho evidence. During this argument
the general admissibility of statements
ma do by Dr. Rustin to Mr. Rice waa
argued, but the main question a to
whether M.. Rice could relate the con
versation In which Dr. Rustin told her
Davis was to kill him Was not passed on.
Vital Point 1 Reached.
About 3::t0 In the afternoon this point
In her testimony was leached and the de
fense renewed their objections. After an
hour's argument Judge Soar announced
he would admit the testimony and an ad
journment was taken without recalling
Mrs. Rice to the stand. It was expected
she would be on the stand moat of the
day Friday.
Court convened at 1:30 and it required
an hour for Deputy County Attorney
Elllck, Mr. Gurley and Mr. English to
finish their arguments. Judge Sears Im
mediately overruled the objection to th
questions tending to show Dr, Rustln's
trend of mind toward suicide during th
month preceding his death. The jury was
then brought Into th court room and Mr.
Rice resumed her testimony.
Tiie question a to whether there wa a
change In the demeanor of Dr. Rustin
during tho last month of hi lit wa. read
to her. .
"Yes," she replied, "there was a changa
In his mind. He was despondent."
She said he drank more than uaual, con
suming about two flask of whisky a day.
"At that time did he Introduce the sub
ject of his death?"
"Yes."
"What did ho have to sayT"
"He said he wanted to have his life
taken."
"Why did he want to have his life
taken?"
"He wanted to provide for his wife and
children by his life insurance."
"What did he say?"
Wanted Me to Shoot Him.
"He said he wanted me to shoot him."
"Did he tell you how much life lnsuisnce
lie carried?"
"I understood he had about 3100,000."
Mrs. Rice sakt Dr. Rustin talked to her
frequently about his death and he said
lie wanted to be shot In his offlco some
night. She said he wanted her to shoot
him.
"What did you siy?"
"I promised to do as h wanted m to."
She said Dr. Rustin talked to her about
his debts, especially a not due at the First
National bank about September 1. Ill
mother was on the note with him. She
said he purchased a revolver while
were living at the Loyal hotel a
they
little
rno.e than a week before hi death.
"What old he say he was going to do
with the gun?"
"He suld it wa the gun h waa going
to ure to kill himself with."
"To klU himself with?" asked County At
torney English, quickly, and with a Hole
of surprise In his voice.
"For me to kill him with," the witness
corrected herself.
This brought Attorney Gurley to hi feet.
' tiurley la Wroth.
"I say It is tiie grossest misconduct on
the part of the county attorney to put
words Into the mouth of. the witness."
This brought a retort from Mr. English,
but the court ordered them to proceed
with the examination.
Mrs. Rice recounted the arrangements
for the shooting, which was to take place
the next night in the doctor' office In the
la x run block after most of the peopl had
left the building and while a car wa pass
ing the building. This plan miscarried be
cause Mrs. Rice picked a pin out of the
side of the revolver and brove It. The next
day being Sunday they could not have the
gun repaired.
Here Mr. English produced a revolver,
which the witness said luoked like the ono
she hud broken and which they exchanged
for another at a pawnshop In Council
Bluffs. She said Dr. Rustin wa very des
jMindent during the next few day and (aid
the end must come sooner than he ex
pected. "We left the Loyal hotel Wednesday or
Thursday," said Mrs. Rice.
Site said she was requested to leave be
cause of her relations with Dr. Rustin.
They then went to tho Millard and talked
about getting the gun fixed. Friday thsy
went to Council Bluff to have the re
volver repaired. They met later In the
evening by appointment at Seventeenth and
Webster und went to Dr. ltusthi's office
for the purpose of carrying nut the plan to
shoot him. ,
To io Out to HI Home.
"Then we decided," she continued, "tht
e couldn't do it there, so we determined lo
go out to his home, ao 1 could get away
better."
Site said Dr. Rustin gave her a cartridge
which she was to place In the gun ' after
hooting blm. She wa then to shoot her
self; only one imply shell being found (n
the gun suspicion would be disarmed. They
then went out to Fortieth and Fa mam and
Dr. Ruslin decided to go ta Ms home th
