r
Largest Circulation
THE OMAHA DEE
Best t':. West
HEWS SECTION.
Pages 1 to 10.
I HE OMAHA ' UAILY BEE
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OMAHA, SATURDAY MOUNLNU, DECEMBEU 5, 1908 TWEXTf PAGES.
VOL. XXXVIII NO. 146.
SINGLE COPY TWO CENTS.
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CUDAUY ASKS DUTY
M. T. Oarlow of Grand Island Pre
tent Plea to Committee.
INFANT INDUSTRY AT OMAHA
Italian Product Laid Down for Leu
Than the Domettic.
LARGE DEPOSITS IN NEBRASKA
Product Uied in Soaps and Scouring
Compound.
FOUR YLAES NEEDED TO GROW
General Lund Office Compute Anoint i
Dae StB(e of
from tha Sale of Pahlle
Land a.
(From a 8taff Correspondent.)
WASHINGTON. Per, 4 -(Special Tele-
rrani.) M. i . uariow ox uru mi-nj k- ,
peared before the way and means commit
tee t"tiy, which body la taking testimony ,
In behalf of a rev'aion of the tariff, and ,
Asked for a protective duty on pumlt-e .
alone. Mr. Garlow Htated that he rrpre
eented the CuJahy intcresta and William j
Qt'ljtley of Pittsburg. Pumice aloiie is be- j
Ing manufactu ed In South Omaha, ti e raw
material being obtained largely Irom Ne
hrnska. especially from the counties of
Harlnn. Antelope and Lincoln and from
Kanaaa and Oklahoma.
Bo far aa I known the South Omaha
factory la the only one In the United
State. Mr. Garlow In hie preeentatlon
atated that the pumice atone people wire
asking for a H-cent pound duty on the
Imported article. Italy and Sklly furn'ah
the pumice atoie for the world, but they
have found In Nebraska, along the line of
the Republican and other river vallryi de
posit of pumice atone to a depth of a
hundred feet or more, which la easily ac
cessible. Owing, however, to the present
e-hediile on pumice stone foreign producers
can undersell the infant Industry In Ihle
country and Mr. Garlow argued for pro
tection. ; '
The present schedule Is $0 per ton on
the manufactured prcduct and 15 per cent,
whl.h lit tin ad valoiem duty, on the crude
product, which only amounted to $1.52 per
ton In 1907. Mr. Garlow In hla argument
asked for a duty of V-cent per pound on
br tli the manufactured and crude product,
which would equalize the New Tork mar
ket. Tl fre'ght rates from Missouri river
points (Omaha) on pumice atone to New
Tork la 111. 40 per .ton. wherea with the
duty and freight charges pumice atone la
delivered from foreign ports to New York
at 119.71 With the freight rate of 111.40
rer ton from Omaha to New York, plus
$13.75, the cost per ton to manufacture,
there Is a difference of 18.43 In favor cf
the foreigner aa agtinst our own cltlsen.
Four Vesn to Grow.;
Mr. Garlow told the committee that If
there was a protective duty of half a cent
per pound provided for In the tariff bill In
favor of American pumice atone In four
ye.tr. the manufacturers of thla new In
dustry would be able to .enuaJlre conditions
and compete with the world.
T'wrl'-- a tone is used In aoape aa abrae
IvsXmd fillers for -paint and In many
other compounds, lta manufacture In thla
country in marketable form la extremely
new. but discover! have shown It to ex
ist In large quantities In many state west
of the Missouri river.
Mr. Garlow wae accorded cloae attention
by the member of the committee. Champ
Clark of Missouri at one time Interrupted
to ask whether there were any placea In
Kansas where pumice atone could be found
to a depth of a hundred feet Chairman
Payne uggeeted to Mr. Garlow that he
better compromise with Mr. Clark at
seventy-five feet and let It go at that.
Publics Lssi Sales.
The general land office haa made up lta
account with the state of South Dakota,
ahowlng 5 per cent of the net proreeda of
Bales of public, lands In aald slate for the
fiscal year ending June 80. 1908. The gross
proceeda of sale of public lands were $608,
$60.05. from which amount la deducted a
pro rata share of the expenses chargeable
to the atate of $2S,3!2.33, making the net
iiro.cui $580,552.72, on which amount the
state la entitled to 6 per cent or $29,027.4.
The receipt from sale of public land were
C AiA 1111,662.43, from which amount Is deducted
r"" trie purchase money and feea and commis
sion rep 'Id on account of lands erroneously
aold, amounting to 13. 006. 12, leaving a sur
plus of $6i.&6&.06. The receipts from fee
and commissions were 1198,438.72, making
total rwetpta from all sources $&07,3fe8.77.
Will Huxford of Omaha haa been ap
pointed a clerk In the forest eervice at
Missoula, Mont..,
DEMOCRATS CAUCUS TONIGHT
tbam Clark Will Be the Minority
Leader at Ifoaae Wlthont
Opposition.
WASHINGTON. Iec. 4.-Re,,resentatlve
Clayton of Alabama today announced that
the democratic members of the house of
representatives would hold a caucua to
morrow night for the purpose of forming
Us organisation for the coming session of
concresa Mr. Clayton aaid that Repre
sentative Champ Clark of Missouri would
be elected without opposition as leader ot
the minority party to aucceed John sharp
Williams.
POINT FOR ATTORNEY GENERAL!
1 i
GoVerameat Contention for Expcdlt-
Ian salt Against w Haven
v Road Is 3raatd.
BOSTON. Dec. 4-Th certificate of At
torney General Bonaparte requesting that
th government's case to compel th New
Haven Railroad company to relinquish Its
holdings of stock of the Boston & Maine
railroad be expedited was granted today by
three Judges of the United State circuit
oourt and the contention of the attorneys
lor mt rauruan nisi me cxpeo.ung act
is unconstitutional was overruled.
CATTLE DISEASE CONTROLLED
Secretary Wilson says Suppression
Haa Been Broatkl A bant y
Careful Measarea.
WASHINGTON. Dec. 4-9cretary W.lson
aaid today that the suppression of the foot
and mouth disease Is well In hand, all th
Infected cattle tielng killed and buried and
a house-to-house canvass In th four state
will be msJ to ascertain whether by any
chauca It ka fesaa carried lata other sec-
SUMMARY OF TU BEE
Saturday, Dtnnbfr S, IPOS.
1908 December 1908
srv w rrz. tn -mr m &z
-r - 1 2 3 4.5
6 Z S 9 10 11 12
13 14 15 16 1Z IS 19
20 21 22 23 24 25 26
2Z 28 29 30 31
TKI WIATXE&.
FOR OMAHA. COUNCIL BLUFFS AND
VICINITY Fair Saturday, rising tempera
ture FOR NEBRASKA Fair and warmer
i Saturday.
FOR IOWA Fair Saturday: mucn comer,
with cold wave In central and east per-
tl'.na.
Hour.
Deg
5 a. m
a a. m
7 a. m
8 a. m
9 a. m
in a. m
11 a. m
12 m
1 p. m
2 p. m
3 p. m
4 p. m .
6 p. m
6 p. m
7 p. ni
5 p. m
9 p. m
2b
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DOMESTIC.
Cudahy company asks ways and means
committee to place a higher duty on (
pumice atone, used In the manufacture of
soap and scouring compounds. Pag 1
A memorial for the
land vu held yesterday at New York
during the meeting of Insurance com
pany presidents. Pag 9
Dr. Lyman Abbott read a letter from
President Roosevelt yesterday at a meet
ing In New York, in which the president
expresses himself aa not In favor of
woman's suffrage now. but not opposed
to It if the women want the right.
Page 8
The cases against the Standard Oil
company at Flndlay, O., have been nolle
pressed. 1
The United States circuit court has or
dered the advancement of the case of the
government against the New Haven road.
Involving the acquisition of the tJoston
& Malne stock. ' 1
The closing agreements of the hurley
tobacco deal were made yesterday at
Cincinnati. r $
Church unity 1 the aim of the Federal
COunclu, In session at Philadelphia.
Fag 1
The loea at Pine Bluff, Ark., will be
heavy aa a result of the ravages of the
Arkansas river. Pag X
rOKEIOX7.
A conference of the powera of the
world 1 being held In London to discuss
the rule governing neutral with re-
pect to belligerent during war.
Dutch cruisers made a demonstration
yesterday along th coast of Venosuela,
which Indicates the purpose of blockading
the porta of that country. Pag X
Rules enforced by the Immigration de
partment have prevented a rnah of men
to Canadian territory during the la year.
. Pag X
The English ' government yesterday
withdrew the education bill becan' of
the failure to agree with the church.
Pag 1
Mulat Ha fid has accepted the terms of
the Algeclra act. Pag X
jrxzjLAsajk.
E. R: Rickey of Joy, II!., waa killed
by a passenger train on the Union Pa
cific at Grand Island yesterday morning.
Page X
X.OCAX.
South Dakota woman brings a fine ex
hibit to the Corn show. Fag
Employes of the traffic departments of
the railroads entering Omaha contemplate
the formation of a club. Page X8
Omaha pcstofflce will try the coupon
system of registering mall. Pg
Mrs. Rice repeats her story of the
three-cornered suicide pact, and with the
introduction of some additional minor te
tlmony the atate rest and the defense
has an Inning. Page X
Grand Jury return to court with a
long report containing much of censure,
but little of Indictment. Fags 8
CObTICXSVOXAXi AJTD XJTDr STXXAIt.
Live stock markets. Page 17
Grain marketa. Fag IT
Stocks and bonds. Fag 17
voTiium or oosajt steamships.
fort. ArrlTea.
NEW YORK Rrtlna J lull..
NKW YORK M).Uc
NEW YORK Stmland
LIVERPOOL FrtMltnd
GLASCCW Unhinnlll
HAVRE L Proviso
PLYMOUTH Tmtonlo
HALIFAX Kn.p. ot Inland..
NAPLES Casopte.
QtEENSTOWN
LONDON Minnthalia
Sal ltd.
Lautorians.
.OcMBta.
BURLEY TOBACCO APPORTIONED
Representatives of Independent Fac
tories Meet at Cincinnati to
Aaree on Distribution.
' CINCINNATI, Dc. 4 -Practically the
! c,0,,n a,m "-aneaciion ,n " B"
and bitterly fought hurley tobacco war
with the Tobacco trust during the last
two years, v. at witnessed here today, when
representatives of Independent tobacco fac
tories in all parts of the country met to
apportion the tobacco secured by the In
dependent Manufacturers' association from
j the Equity aoclety. The quantity secured
i by the Independent Manufacturers' aaso
j elation wa 25 per cent, or 2O.0u0.0OO pounds.
which will be divided among the lnde-
. pendente.
It la understood that when the work of
apportioning the tobacco I concluded pre
liminary steps will be taken to build up
and strengthen the Independent Manufac
turers' association and make of it a pow
erful organisation to reviat any further en-
i encroachments of th so-called tobacco trust
... tn,.a ,nd buiin. of th. ,,,,wn,.
ent. It Is also understood that the inde
pendents when the organisation' Is finally
completed mill co-operate with the element
j of tobacco plantera which opposes the for-
m,tion 0f another equity pool for the crop
1 nf i a
NEBRASKA PRIZE WINNERS
Cattle aad fchrep Win 'Awairals at tke
klcago l.lve Stock
Show.
CHICAGO. 111.. Dec. 4.-Special Ttle
ivram.) Additional Nebraska prise winners
at the International Live Stock exposition
include: Herefords. cows. 3 years old and
over, fourth and fifth prliea taken by
Mouse) Brvthers, Cambridge, Neb.; cow or
heifer 2-year-olds and under I. eighth prise
to UoustH Brothers: Ramboullet anep,
tarn, lamb, second prise te Robert Taylor,
Abbott.
r i
DUTCH TO BLOCKADE COAST
Waxthipi Make Demonstration Along
Venezuela.
VESSELS PROCEED ALONG SHORE
Several Oalaera Already oa Hand
and Others Are te Be Seat
Over to Enforce Demand.
WILLEMSTAD. Dec. 4.-Three Dutch
warships, the battleship Jacob van Heem
skerk and the cruiser Frlesland and Uel
derlsnd hive made a demonstration against
Veneautla. Together they steamed yester
day along the coast from Puerto Cabello
to La Gualra at a distance of $.000 yards
from th shore. The Jacob Van Heemakerk
returned here this morning. Th two cruis
era are going to Maracalbo, where they
will make a similar demonstration.
The demonstration of yesterday la re
garded as Indicating that preparations for
an
effective blockade of the enezuelan
coast are completed.
It la reported here that the Netherlands
battleship De Ruljter left Holland yester-
! day for this port.
Mere Without Notice.
W WASHINGTON. Deo. 4. "'Holland seem
2T to be making faces at Veneiuela," waa the
comment today when the newa came from
3 Wlllemstad that The Netherlands, govern
24 ; ment warships had been maintaining a
14 1 demonstration off the Veneiuelan coast.
I Nobody In Washington appear to have
been advised of this latest move. There
naa en for 8or),e time talk of a blockade
by The Netherlands government of the
portg 0f Venezuela, so as to force President
Castro to revoke his decree which prevented
the transshipment of merchandise from
Curacao to Veneiuela, but Holland has
hesitated about proceeding in this direc
tion because of the conflict which would
Inevitably come with the Interests of other
powers In Veneiuela. The latest move re
ported from Wlllemstad may, however, it
la said, be the preliminary step to a more
emphatic one, and may have been Inspired
by the fact that President Castro la now
away from Venezuela.
COURT HOUSE STILL ON SLIDE
River at Pine Blnft, Ark., Still Do
in ar Great Damasre to Prop
erty. PINE DLUFF. A:k.. Dec. 4. The Arkan
sas river at thla point today la atlll rising
slowly and now marks a stage of twenty
six feet. From present Indications tha
business section of the city will be saved.
A number of small dwellings east of the
main portion of the city have already cared
Into the river today and others are also
in serious danger of a like fate.
Numerous dynamite explosion were
heard In the direction of Boyd'a Point oppo
site this city during the night and today
tho water la flowing over that point of
land at about the place where the cltlien
had decided to make the cut-off. Thla may
change the channel of the river so aa to
leave Pine Bluff a mile away.
The grocery store of C. Q- Brock way, a
two-story frame building, now overhajigs
the rapidly caving bank, and will be
awept Into the river, during the day.. The
loss since midnight In thl district exceed
$60,000 and It is believed will be added to
throughout the day. Tho court houae la
atlll sliding.
FJNDLAY CASgs ALL NOLLED
Standard Prosecutions la Otfcer Jarls-
dlcttona Declared to Be
Snfflctent.
FINDLAT. O., Dec. 4. -Standard Oil
prosecution In thl county came to a ud
den termination today when, at the re
quest of Prosecuting Attorney D.ivld, all
the indictmenta against the company were.
nolle prossed.
Pros.vutor David's action resulted from
tho fact that alleged Illegal practices that
he sought to correct have. It Is declared,
all been eliminated, and further that suits
against the Standard company are now
being prosecuted by the attorney gencnl
of the United States, the attorney general
of Ohio and the federal courts of Missouri.
EDUCATION BJLL WITHDRAWN
EaKllsa Government Unable to Rene a
Agreement wltn Cnarch Pnrtr
on Measure.
LONDON, Dec. 4. In consequence of the
Inability of the government to come to an
agreement with the church party regard
ing the education bill, the measure has
been withdrawn from the House of Com
mons. This announcement waa made by
Premier Asqulth in the Commons today.
The deadlock between the governm'.-nt and
the church followed the demand made by
the archbishop of Canterbury for a larger
grant for non-rate aied schools than the
government waa willing to allow.
HAFID ACCEPTS THE TERMS
New Rnler of Morocco Briars His
I nder Terms of tke Alge
clra Act.
elf
TARI8. Dec. 4. It Is announced here
j today that Mulal Hafld, tho new sultan of
Morocco, has definitely accepted the Alge
cirn act and the attendant conditions laid
down by the powers for the recognition
of his sdltsnate.
Booth Dakota Election Flaurea.
PIERRE, S. D., Dec 4. (Special Tele
gram.) The official figure on the late
election, which have been completed, ahow
the highest Taft vote to be 67.S36; Bryan.
40,166. The congressional vote was: Re
publican, Martin, 67.5S2; Burke, 7.4oO; dem
ocrat. Dowdell, 3S.7&8; Oisen. 38.6J2. On spe
cial election: Republican, Msrtin, fii.742;
democrat. Soul. 39.S65. For governor, Ves
aey, repubilcau, 09; Lee, democrat, 41
837. Tom Johnson's Dnaghtcr Divorced.
CLEVELAND O., Dec. 4 -.Mrs. Elisabeth
Johnson-.Marianl. daughter of Mayor Tom
L. Johnson, today was granted a divorce
from Frederlco Marlanl of New York. She
testified that her husband had never sup
ported her. MUs Johnson tnd Marlanl
were married in March, 1Su7, at the heme I
of the mayor. Shortly afterwards the !
couple went to New York to !lve. In a few
months they separated. Marlanl I an Ital
ian playwright.
Keith Leases Cleveland Theater.
CLEVELAND. O.. Dec. 4 -The Hippo-
drome, the largest theater west of New
York, with the exception of one In Chi
cago, and which ckxed Its doors two weeks
ago, after a season of grand opera, today
mas leased to U. P. Keith at a rental of
,( a year. It la understood Mr. Keith
will use th place principally for vaudeville
productions, with probably soca grand
opera and legitimate ofisrlcga.
THE
From the Cleveland Leader.
POWERS TALK WAR TACTICS
Conference Held at London to Dis
cuss Agreement.
ACTION OF NEUTRALS IN WAR
Difference of Opinion Over What Aid
Shoald Be Extended Vessels of
Belligerents la Coaling;
Operations.
LONDON, Dec. 4. The conference of the
powera called by Great Britain for the
framing of a code of laws for naval war
fare and for the format on of the Interna
tional prise court recommended by The
Hague conxress was opened at the foreign
office today. With an Interval for the
Christmas holidays. It is expected that the
conference will continue until about Feb
ruary t At the request of the British gov
ernment the powera which accepted invita
tions to the conference hsv forwarded a
list of subject which they consider should
be discussed.
The United States. Great Britain, France,
Germany, Italy, Austria-Hungary, Russia,
Spain, Holland and Japan will be rep
resented. The American delegates are Rear
Admiral Charles Stockton and Prof. George
Grafton Wilson of Brown university. Com
mander John H. Gibbon, naval attache at
the London embassy, will act a aide.
Great Britain wttl be represented by the
earl of Desart and Cs.ptaln Charles xi Ot
leye drrectop of naval intelligence and sec
retary of the committee on imperial de
fense. They will have have a assistants
two officers of the naval Intelligence de
partment and a foreign secretary.
Plans are Submitted.
At the suggestion of Germany the powera
have submitted their view on variou
point. The United States, Great Britain
and Japan are agreed. In principle at least,
on the most Important proposals, and they
may be expected to work In accord with
the probable aupport of France. There are
wide 'lfferencea of opinion between these
powers and the other six countries rep
resented. Great Britain stands alone In
supporting the right of a belligerent to
search neutral merchantmen proceeding to
an enemy's port under the escort of a war
ship flying the same flag. It claims the
right of search under all circumstances,
while ;he other powers contend that the
guarantee of a neutral power should be
sufficient to protect Its vessels from moles
tatlon. It Is probable, however, that Great
Britain will concede this In return for some
point it considers more essential.
Qrtat Britain Is desirous of abolishing
contraband entirely; America and Japan
do not go so far, but they would agree If
only munitions of war should be declared
contraband. .
Continental Views.
The continental powera will urge the con
tinuation of the present system under
which the belligerents declare what is
contraband.
Great Britain, America and Japan agree
on the method of blockading, contending
for the light to aelse blockade runners at
any time or place. This Is opposed to the
continental view that only warship ac
tually engaged In blockading have the right
to setae vessels. These same three powers
opposed the continental contention that a
belligerent has a right to destroy and selie
vessels before trial, aa waa done, for In
atance, by Russia with British merchant
men during the late war.
The conference will differ on the re
sponsibility of a neutral power for a ship
leaving one of Its ports as a merchantman
and afterwards being ransformed into a
man-of-war, aa In the case of the Alabama.
The United States naturally support the
view that the neutral power Is responslbl?
very atrongly and It finds support not only
from France and Japan, but also from
Great Britain. The other powers repre
sented take the opposite view.
The right of belligerent ehlpa to coal n
neutral porta also ha divided the con
ference Into two factions.
America, Great Biltain. Japan and France
contend that a ship should make but one
visit to a neutral port and be given only
aufficlent coal to carry It to a home port;
the other powers, however, hold that a
ship should be allowed to visit a neutral
port and fill up with coal as often as it
I can.
I A number of other questiona, largely
! technical, and will be considered.
BELIEVES STEAMER IS LOST
Wrerkaae Thonaht to Be from Steam
ship Soo City Found on New
foundland toast.
ST. JOHNS. N. F.. Df'. 4 -It Is believed
here that the steamer e City, bound from
Chicago for Texaa. foundered with all
handa aboard in the Gulf of St. I-awrenr?
during the bl'.iiaril. which raged off the
co1,t ewiounaiana early mis week.
t recaage, apparency irom tne boo uuy
has been picked up near Cape Ray. Life
buoya, deck boards and other gear washed
ashore bore the name Soo City. Tne
steamer Bruce, which plies across Cabot
Strait, reports that it has not sighted the
Soo City. This week's storm was one of
Ifcs moat UrrlXic vr experienced her.
VaT. "si J M.
i
RECRUIT HAD TO COME TO
PRAISE FOR COLORED TROOPS
Col. Scott of Weat Point Snrs They
Hire Demonstrated Superiority
Over White Cavnlry.
WASHINGTON. Dec. 4. Whatever may
be the attitude of other communitle toward
the colored troop In the United 8tate
army. West Point has only word of praise
and appreciation for the colored cavalry de
tachment stationed there. Colonel H. L.
Scott, superintendent of the scademy,
voice) this attitude In his annual report to
the secretary' of war, made public today.
"The calvaJry detachment (colored) ha
continued It excellent ahowlng and ha
demonstrated still further the advantsgea
of colored over white men for this duty,"
says Colonel Scott. "There I a waiting
list now and only experienced men having
former service and very good and excel
lent record are accepted.
In referring to the discipline at the acad
emy. Colonel 8cott aaya:
"The discipline of the corp was generally
satisfactory during the year until July 4,
when conditions developed and overt acts
occurred which had to be put down with a
atrong hand. The situation culminated In
the dismissal of two f I rot-class men and
the suspension for one year of six third
class men. Since the separation of these
cadets from the academy the atmosphere
has cleared, and the usual high standard
pt discipline has prevailed."
WORKING FOR CHURCH UNITY
Confelence at PhlladeTphla Takes
. Steps to Ursje the Movement
) in Field.
PHILADELPHIA. Dec. 4.-Blshop Hen
drlx of the Methodist Episcopal church,
south, who was elected president of the
federal council of churches of Christ in
America yesterday, presented the report
of the committee on organisation and de
velopment today. The bishop said the
world-wide federation movement amonjr
Protestant churche Is, perhaps, the most
t otable keynote of the new century and of
lta Christian progress. He outlined the
plan of organization for federation and
presented the following recommendations,
which were formulated by the committee:
That the federal council approve the
formation and development of plan that
will secure effective office and field serv
ice In advancing the work of church unity.
That, In addition to the equipment of
the central office In the city of New York,
the executive committee be authorized to
provide for district superintendents in at
least four strategic centers of population,
representing different sections of the coun
try. TEAMSTERS ARE REUNITED
Organisation Which Split Off Tfio
Years Ago Comes Back
Into Fold.
CHICAGO, Dec. 4. Peace In tho ranks
of organized teamsters is to be assured by
the amalgamation, after a split of two
years' duration, of the Internationa!
Brotherhood of Teamsters and the UniteJ
Teamsters of America, announced today.
The news came in the form of a letter to
the press, signed by W. H. Ahton, general
?cretary-tresurer of the United Teams er.
and Thomas L. Hughes of the International
Brotherhood.
The division of the old organization oc
curred In 190C. principally on account of
the action of President Shea In not allow-
j Ing seats to the New Tork delegates. The
urierlying cause, however, lay further
ba-k in the great strike of teamsters In
Chicago in 19u5. The New York delegates
disapproved of some of Shei's policies dur
ing that strike and their unaeatlng at the
ensuing convention, at which Shea presided,
followed. The New York men later formed
a separate organization.
MAN KILLED AJGRAND ISLAND
K. R. Rickey of Joy, III., Ran Over
by Union 1'arlnc Passen
ger Train.
GRAND ISLAND, Neb.. Dec. 4 (Special
Telegram.) E. R. Rickey, a barber aged
22, whose parents live at Joy, 111., was run
down and terribly mangled and probably
Instantly killed in the Union Pacific yaids
last night by passenger t.ain No. 11. One
of the men of the crew dcclarea tha man
J:mptd off before the train stopped moving!
and wa. dragged undwneath by failing.!
and that after the man lay down the con
ciuctor took a chock from the man's hat.
Anc.ther story is the man a as not a pas
senger, but that his feet were caught in the
frog and he waa unable to get out of U.
The matter la being Invest gated. One limb
as torn from the body at the hip and Lhu
rest of the body was scattered along the
track for 400 feet.
QUIET IN PORT AU PRINCE
Ko Disorders of Any Kind Now and
Normal Conditions Will
Soon Return.
PORT AU PRINCE. Dec. 4--Tha night
passed quietly in Port Au Prince. Tnero
were no disorders of any kind and hopes
ark entertained that normal conditions will
be rapidly restored,
IT.
STATE PRACTICES ECONOMY
Per Capita Cost of State Institutions
Shows a Decrease.
BEEMER FAVORS REFORMATORY
Land Commissioner-elect Cow lee Indi
cates He Will Make n Clenn
Sweep of Employes In
that Office.
(From a Staff Correspondent.)
LINCOLN, Dec. 4 tSpeclal.) Seml-an
nual reports of the various state instltu
Hons are being received by Governor Suet
don and will be followed shortly by tho
receipt of the semi-annual reports, with
recommendations, from the superintendents
The semi-annual reports ahow a condition
of the Institutions Indicative of splendid
management. Of the seven which have re
ported, five show a great reduction In the
cost per capita based on maintenance, offi
cers' and employes' wages. The two which
ahow an Increase In the coat per capita are
the Girls' Industrial school, which for the
same period In 19"7 was maintained at
cost per capita of $93.84, against $113.37 for
the six months ending November 30, 19";
and the Institute for the Blind. The per
capita cost In this Institution increased
from 1137.91 to $141.23.
The great-et reduction ha ben in the
maintenance of the Boys' Industrial school
at Kearney. For the six monlps ending
November 30. 1907, the cost per cfeplta was
$14n.S6, while for the same perlifl for 190S
the cost per capita was $117.61. 1
The following table shows the cot per
capita of seven of the institutions for the
six-month period ending November 30, 1907,
and November 30, 19u8, based on the cost of
maintenance and officers' and employes'
salaries:
Per capita cost six month:
November $0,
19r7 lf.
Asylum Lincoln $ K 55 $ Sti.?0
Rr.Miers' home. Grand Isl llld.. Il".n5 1."1
Holders' home. Mil ford V.H W.30
Institute for blind 1'7.!H 141.23
Iioaf an.l Dumb !n-tltute M.24 S3. .IS
Bovh' indu'trial school 1W So 117. M
Gl Is' Industrial tchool 93. M 113.37
Following Is a suinn orlzed statement nf
each Institution which h.s reported:
Insane Asylum at L.ncoln. J. T. liny.
Superintendent Inmates Mav :. Mo; re
ceived. Id: returned from panle, 4.': dis
charged. 81: eloped. 29: died. 1; leleased
on parole, 77; Inmates N' vember so. f;
ba'uncc of appropriation May an. $v,9-,4.M;
expended. $4;.7u6..V: balance. $."AI9t.4.!: per
cer-it.i cost for six months for nmlntenunce.
officers' and mploec" wapi, IMi 10.
PoUilers' Home, tirand Islund. D. W.
Hoyt, Commandant Members present May
3i. ''."; received. 43: returned irom fur
li.urh, STk; discharged, 21: cii-d. I1: on fur
, ugh, 520; count November ' 'laive
of maintenance appr priiitu Jk
$ft0.9fHl.4: expended. $:2.14t.7i; on
har.d. $J.'3.6; Per capita cost, .:.
joldlers' Home, Milford. Joseph t'r-Kson,
Comm.indant Members present Mhv 30. 99;
received. S3: returned from furlough, W,
discharged. 16; died 1; on furlough. 173;
present count, 139; balance of maintenance
appropriation May 3, $29,560.23; exp-nded,
llo.23S.13; balance on hand, $19.321. 10; per
capita cost, $.30.
Institute for the Blind, Nebraska City,
J. P. Morey, Superintendent Count May
30, 53; received. 15; graduated. 6; left state,
V; count November 3w, 64; balance of main
tenance appropriation May 3i, Uil.oSOSl: ex-
F ended, $7,626.03; balance November 30,
11.954.4; per capita com, $141 Zi.
Institute for the Deaf. On aha. C. K.
White, Superintendent C'r.unt Mav SO, lia:
received. Is; returned, 3: discharged, 2;
moved away, 3: sent to Beatrice Institute,
S: count N' Vember 3", 177; balance of main
tenance appropriation May , $3.'.Xi 12;
expended, $14,750.64; balance November 3u
$17 6I3.4; cost ier capita. $t3.36
Boys' Industrial School, eKurncy. E. P..
Sherman, Superintendent 4.otnit M.ty 30.
19; received, 32: retu.ned from pirole, 4;
discharged, V; escaped, 13; on p:irole, 40 ;
pardoned, 3; count November Co, HV 1ml
ance maintenance appropriation May jo
tA.m.Si; "expended. HM&..05; balance No
vember 30, $j.4:'9 is; cost wr caput, $117.64.
Girls' Industrial School, Geneva. Lydia
McMahon. Superintendent Count Mav 3i,
59; received, 11; returned from parole, l
discharged, 1: pardoned. 12: on parole, 13;
count November 30, fS; balance of main
tenance appropriation Mav 30. $1).335.u3; ex
pended. SS.ii49.19; balance November ?0.
$1S6M; coM, per capita 1113.37.
Second I'enltentlnry Recommended.
A. D. Beemer, warden of the state pennl
tentiary, haa recommended to Governor
Sheldon and the latter probably will In
clude It In his message to the U-glxlature,
the erection of a second penitentiary In the
western part of the state. He will recom
mend that one or two sections of land be
J purchas d and the priaoners c nfined in this
! Kornrl rynifntlnrv l.u n..a .ti
land '
... ' reCnmmended thl. to r.r.
don." said Warden Beemer. "and I hellve
he will recommend it to. the legislature.
There are now confined In the penitentiary
some 3LO young fellows between the ages
of 1$ and 21 years who should not be com-
pelled to associate with hardened criminal.
A large per cent of these young men are
high school graduatea and ar exceptionally
bright and well read. Within a few years
they will be released, hardened criminal,
due to their asaotiatlon with bad men.
Their cleverness enables them Ui pjck up
the tricks of the old timers very readily.
"Our present penitentiary is -full and in
order to cbtc for the convicted criminals it
will be necessary to erect new buildings
and Increase the cell room. I am esriously
opposed to tho erection of any more bulld-
(Continued ob Fourth Pag.)
STATE RESTS CASE
County Attorney Completes Evidence
in Charlei Davis Murder Trial.
DAVIS' OWN STORY READ TO JURY
Testimony as to What He Did that
Nifht Offered by State.
DEFENSE STARTS ITS INNING
Attacks State's Testimony as to Time
Rustin Went Home.
MRS. RICE COMPLETES STORY
Reiterates Previous statement that
Dr. Ilnstln Told Her He Had
Secured Davis to shoot
Mint In Abdomen.
At 4:22 o'clock Friday evening the t u i
rested 111 the Rustin murder case and after
the formal motion by the defendant's at
torneys to direct a verdict of not guilty
brcuL-sp of insufficient evidence had 1-e-n
overruled by Judge Soars the de fense be gan ,
its Httark , ti tlie state s evidence by Intro
ducing several witnesses to show the t'me
Dr. Rustin end Davis wore seen In saleons
snd drug stores In the tielghborho. J of
Hxtcrnth an.l Farnim streets was t,'ir
11 o'clock. Instead of lo o'clock, sa Mrs.
Rice and others had testified.
In the half hour that remained before
court aeije urneel the defense had fxam.n-J
seven witnesses. It still has seventeen to
come, and It is be lelved these will oexcupy
practically all of the session today. Juris"
Scars said he would hold court all elay
today In order to hurry the case; a's much
as possible. It Is t.ot prchaMe the argu
ment period of the case will be reached
until McndHy.
The most interesting piece of evidence
Introduced at the afternoon session was
the story of Charles E. Davis, the defend
ant, which 1k told at the coroner's Inquest.
This was Introduced, not by tho defens.-,
but by the state, from a transcript of the
evidence read by Frank J. Stitellff. the
stenographer who tork the testimony. In
It Davis de,.es he made any promise to
Dr. Rustin to kill him, but admitted he
had tried to commit sutcide with medicine
given him by Dr. Rustin. Davli may go
on the stand himself today, but thii Is
improbable. His nttornc-ys were unable to
say whether he would testify or not, inas
much as his story is already before tin
Jury. Con Or in a Mrs. Rlre'a Story.
Clara Gleason. keeper of the room'ng
house at 1202 Douglas street, in which Mrs.
Rice says she spent the night of tin- shoot
ing of Dr. Rustin, mas the first witness at
the afternoon session. Miss Gleason cor
roborateel Mrs. Rice's story as far aa It
related to her presence In the rooming
house. She said Mrs. .Rice returned to
tho place between 11:30 and 11:40. Shortly
after she came in the witness snld Mis.
H'ce went to the kitchen, where she was
arid used the telephone Wa. she '
using a the man who wua V.J JrUii
son asked about the time. Miss Gleason
said she Immediately called up central and
found It was twenty minutes lo 12 o'clock.
About half an hour later she said Mrs.
Rice returned with her kimono and night
dress on and tele-phoned again. She said
she was up until 6 o'cloc k -the next morning
and she was sure Mrs. Rico did not U-avu
the house.
On cross-examination Miss Gleason rc-'
fused to tell the character of the place she
was running, but she admitted there was
a back door to the rooming house. How
ever, she insisted, Mra. Rice could not
have gone down the back way without
her knowing It.
Stella Jones, a colored woman, who acted
as maid and door attendant at the Gleason
place, said she admitted Mrs. Rice some
time between 11:3a and 12 o'clock and she,
too. was sure she did not l.-avo the place
until morning. O. J. Lewi, a pharmicUt
at the Myers-Dillon Drug company, te.
rifled in the ufternoon of September 1 he
sold Dr. HiiM.!n a small buttle ot fluid ex
tract of aconite. Mr. Lewis said he told
Dr. Rustin the fluid extract was the strong
est fluid preparation of aconite and ho
took that, an he wanted the strongest.
Mrs. Becker Hears .NoUes.
Interesting evidence was given by Mrs.
J. A. Becker, who Uvea at For: y-first and
Dodge streets. She said about five min
utes before 2 o'clock on the night of Sep
tember 1 she was awakened by the barking
of dogs 1n the neighborhood of her home.
She looked out of the window and heard
some one apparently vomiting. fcShe also
heard voices of men. The theory of tho
stale la that it was Charles DaviB. sick
from the medicine he had taken, who was
vomiting, and thu voices were those of
Dr. Rustin and Davis.
Detectives Malonty. Van Dusen and
Mitchell were placed on the stand and all
three swore they had mad a search of
the Rustin house the morning of the
muiQ.r, to rind the gun, but none was ti
b found.
County Attorney Entjlifli had an unwilling
wltnet l:i Aiidie Bennett, who lives at L-ii
Douglas street now. but who was at Uli
Capitol u venue tVi tember 1. Eho said she
had known Charles Da. is about a year and
he was in the- nablt of ls;t.ng nor.
The Friday following the murde-r i-he said
Davis came to her in a nervous condition
and told her he was going away. Mr. Eng
lish sought to get her to describe, hu nerv
ous movements, with little success.
"What did ho do in regard to walking
the floor in a nervous way?" asked tins
county attorney.
"Oh, he walked the floor, but not mora
than he has before," said the wltnea.
Mrs. It Ice Resume Mand.
Abblb Riee was again lecalled to the
stand for f.. ither cros-examlnal:on. Mr.
Gurky asked lor about a letter she hal
written to Dr. Rustin in which ahe s:d
her husband Joined her In sending beat
regards. Mrs. Rice adm tie-J willing the
letter.
"Did you wrlie the name 'Polly' on the
letter? ' she in ut-ked.
"Yes. I wrote it."
"Was that the name he usee! to call you? '
"Yes "
"When In our lelath nM.lp with Dr. Rus
tin did yoj write that letter?" askc! Mr.
Fliglish.
"When I first began to like him real
well."
She said she a.nt the 1 tier to his office
and explained she uaed that met Hod of
communicating with htm in the guise of a
patient for fear tume one else might See
the letter.
Detective J. T. Donahue said ha had gone
to the Rustin home four or five days after
(Continued oa riXta Pag.)
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