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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 17, 1909)
Omaha Sunday Bee PKRT ovr NEWS SECTION PAGES 1 TO 8 ADVERTISE IN THE OMAHA BEE BEST IN THE WEST vol. xxxvni NO. 31. OMAIIA, SUNDAY . MORNING, T ' 17, 1909 FIVE SECTIONS TH1RTY-TVVO PAGES. SINGLE COPY FIVE CENTS. DONEGAL TO BE SOLD CONDITION OF THE WEATHER Sanday, Jaaaary IT, 0. 09 JANUARY 1909 UN HON TUC WtO THU FRI SAT I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 2526 2728 2930 TWENTY-ONE RILLED NEW CROP OF JUDGES "Whole Town to Be Disposed Of by Earl sf Arran. TE5ASTS WZZX BE PURCHASERS Irish Land Act is Applied to Town Holdings. T: Head-on Collision on Rio Grande Near Glenwood Spring, Colo. TWELVE BODIES AEE IDENTIFIED Unidentified Dead Are Women and Children, All Badly Mangled. FOUR VICTIMS FROM NEBRASKA Thirty Persons Are Injured, Many of Them Seriously. ENGINEER READS TIME WRONG Two of Them Are a Replanting; from the Sheldon Field. JUDGE SULLIVAN IS ANOTHER Was First Named by Sheldon, but Resigned on Fitst Day. HOLCOMB FOR THIRD CHOICE Action to Test Legality to Be Brought in His Name. TAXES THE PLACE OF JUDGE DEAN Jacob Flwerll of Omaha, TVow Serving- Under Sheldon Appointment, the Foarth Whst ths Appointees Say. .d. f: j S"U Ik V.V I lit SALE CAUSES OEEAT INTEREST Landlord Influenced by Threatened Increase of Land Tax. DUBLIN EAS A CARRIE NATION Barriittr Named Wallaes Bams That Till for Kit Eccentricities Increase ( Insealty la Ireland. DUBLIN, Jan. 1 -(KpeclaL) It Is not often that whols towns are sold outright, "lock, stock and barrel. " but Donegal, In Ireland, In about to undergo that novel ex perience. The old place la one of the most historic In the whole of Ireland. Irish Kings have hailed from It and It figures so far back In history that you would need a Lick telescope to peer through the gloom. But Donrsal. history and all, Is to.be sold, ami everyone In Ireland Is Interested In the event. Like a good mnny other towns In the British Island, this city Is owned by one man the earl of Arran, who Is also- the owner of many other broad acres In the county of Ulster. Out and out Irishmen will tell you that Ulster Is no part of. Ire land "whatever," as It was the section first "colonised" by the English. However, geographical facts are somewhat difficult to get around even by good Irishmen, and Ulster Is by others considered, an Integral part of, the "Ould Counthry"-nd a very Important one, at that. Tenants Paid for Improvements. It Is only In Ulster, In fsct, that tenants holding under various landlords have al ways been allowed compensation for their Improvements, which was certainly one of the best things even Introduced Into the system of landholdlng. This "Ulster ten ant's right" was. however. o typically British an Institution that Irish Irshmen If I may use the term always refused to touch It with the proverbial ten-foot pole, no matter how good It might be. But even In Ulster In late yeara there has been much clashlnga between landlord and tenant. Lord Arran's agricultural ' hold ings, under the land act of 1WS were dis posed of to y1ous tenants at very satis factory terms to both parties; and now the town tenants wtah to become owners of their own cottages In 'fee simple." The noble earl seems quite willing to part with them and there la only one little difficulty which stands In the way the actual cash Itself with which tenants will have, to- pay for their holding. To the Irish, however, no difficulties appear when they have made up their minds and. with the wonderful system of co-operative banks which has recently sprung op. In Ireland, tenants are able to obtain the purchase price at low rates of Interest. The earl has . demanded twenty-five years purchase, cash down, though ahould sny of the tenants be un willing to pay all cash, they can let some of the debt remain on mortgage at ihi per cent Interest. For Instance. If a cottage with Its little plot of ground brings, say, 1100 a year rent the tenant can get It by paying In advance twenty-five years' rent er tt.BOO. This Is what Is called "capitalis ing" the value of the land. Liberal Bada-et Helps Bale. After a lot of haggllnn- the tenants have finally agreed to buy the town of Donegal If the earl of Arran. will sell at twenty year purchase Instead of twenty-five, snd. furthermore, they wish the land transferred to them without legal coats. These very reasonable demands his lordhlp Is now con sidering not altogether favorably, to be sure, but the. chances are that the bargain will tie struck before very long, snd then the tenants will alt be eatisfled perhaps. Much wonder has been expressed at the somewhat harsh demands of fits lordship tn asking for cash down. Many landlords, both In Fneland and Iretand, are anxious to sell owing to the fact that the next lib eral budget. It Is said, will contain a heavy tr.x on land, and If this should prove to be the rae speculative vslues In land will drop. Doubtless the duke of Norfolk will be glaw. under the circumstances, to sell the town of Sheffield, whloh he owns: snd other members of the peerage will be glad to realise on their land holdings. In Ire land, however, the sale of a whole town, such as Donegal, Is attracting no end of attention. The earl will complete the deal before the next budget Is Issued, though perhaps If the tenants would take the tip they might wait and get their land at even ten year purchase or less. However, Im pulsiveness Is the) characteristic of the Irish, and It weuld not be considered good patriotism to refuse to buy a bit of old Donegal If It came Into the market, frisk Carrie Natloa. Much amusement has been caused re cently In Ireland over an application be fore the court of the chief baron at Dublin. Judge Andrews, with reference to the steal ing of the Dublin Jewels. Everybody thought this case waa as dead as a door nail, but a Dublin lawyer, named Wallace, Is trying to get Lord Aberdeen, lord lieu tenant . of Ireland, and Augustin Blrrell, chief secretary. Indicted for Tslony." Wal lace Is a practicing barrister and knows a lot about the technicalities of the law. Though he might be regarded as a harm less lunatic still no one fcaa so far actually questioned his sanity.' He gets his plead ing before most of the) courts and occupies a lot of time with his terrible Indictments. Not only has he Incriminated most of the members of the cabinet over the lose of the crown Jewels, but his latest .attack is lev elled at the lord chief baros. Judge An drews, and Justice V.'fyA. whom he accuses of perjury for hv1ug fcsd certain Informa tion with referenot) to the Jewel removed from the file of the court. From a strictly legal and technical point of vtew Wallace haa a certain amount of lew on hla el, and this la what nukes his various ap plications, writs, summons and subpoenas o extremely annoying. The last Justice before whom he came Judge Swift-has put . anoke In Wallace's wheel-or perhaps "whsls'-by telMng him that in order to IndloS his majesty's Judges ne win nave to move for an address in tn House or. urn mons. Irish' members or Parliament are discussing Wallace's oomtng advent In Ion ian, where ha will doubtlsns besiege both Vooses of Parltaunotit with host of peel ttons and the usual number of writs. In JuaeUeae and mandamuses. He haa been TXJS W1ATXH. FOR OMAHA, COUNCIL BLUFFS AND VICINITY-Falr snd colder Sunday. FOR NEBRASKA Fair and colder In north and east portions Sunday. FOR IOWA Sunday fair, with colder In west portion. TVmperature at Omaha yesterday: Hour. movements or ocsait itsambTstxps. Port. Arrlrtd. NEW YORK La garola BOSTON Anfllaa LIVERPOOL, GLASGOW Ontarlati LRXJHOHN Alt. rli HAYfcK La Touralna.. Ballad. .... Cannula. ... Xmp. ec BrIUIs, CANAL CHARGES UP MONDAY Entire "tan of New York World Snmninned Before brand Jury. WASHINGTON, Jan. 10. It was learned today that an Investigation of the alleged libelous publications charging a scandal In connection with thh Panama canal pur chase Is to be made next week by the grand Jury of the District of Columbia, The entire staff of the New Tork World In this city has been summoned to appear Monday to testify lrt connection with this matter. In addition to the World staff, Jerry A. Matt hows of the New York Sun and Har ris M. Crist of the Brooklyn Eagle, also have been' summoned. The case la entitled "The United States against The Press Publishing Company." (PuUlahare of the New York World.) JOHN BURNS WARNS TEDDY English Labor Leader Says "hontlng 1s Haaardons for Man Wear ing; Glasses. LONDON. Jan. 16. Robert J. Wynne, the American consul general at London, today called upon John Burns, the labor leader and member of Parliament, 'and delivered a personal message from Presldsnt Roose velt, responding to a message which Mr. Burns had sent to the president. In his' message Mr. Burns said: " "Tsll the president that fears are enter tained here for his welfare while In Af rica. He must remember that there are great dangers there from both animals and ollmate and that shooting la hazardous for a man wearing glasses." ELECTRICAL SHOW AT CHICAGO "Pvsh the Button". Era of Clvlllsa - tloa. Demonstrated by Series of Devices. . . CHICAGO. Jan. 1.-Wlth a great blue rcnopy as a sky effect and a blase of lights for "stars," the Coliseum opened today for the annual electrical show. Every leafing electrical concern In the country la represented and almost every electrical invention manufactured la shown. Wireless tcl phony and the electrical equipment of flrrt-class battleship are demonstrated A strtes of devices, are arranged to show that this Is the "push the button" era of civilisation. TRAIN DITCHED BY SNOWSUDE Two Killed and Thirty-Three Injured la Wreck on Canadian Pacific. VANCOUVER. B. C, Jan. Is.-A west bound Csnadlan Pacific passenger train hauled by two locomotives, struck a snow slide yesterday in the Frnser canyon, 110 miles esst of here, and leaped Into the Fraser river. The englneera, J. Foster and A. Klncaden. were the only persons killed, while thirty-three were Injured. A number of these were seriously hurt. The two firemen Jumped and fell safely Into a snow bank. - The locomotives and four cars fell eighty feet Into the river. FORTY RESCUED FROM FIRE Mercantile Balldlna- and Roemlaar Heaee la Oklahoma Dearoyed, with 70,000 I,a. BAPULPA. Okl.; Jan. M Fire here early today destroyed the buildings occupied by the Gllllland Mercantile company and J. R. Sutton, dry goods, and tha upper stories of these buildings, which were ' used for a rooming house. The forty inmates of ths rooming house escaped In safety,, with the exception of one man, who was overcome by smoke. This mat. and Fire Chief Stags, who also was overcome by smoks, were carried out by firemen and aoon were re vived. The loss wsa 176,000. sustained prlnclsplly by the Gllllland company. JAILED FOR OFFERING BRIBE LesTtawerlk Jadae Commits Lawyer far Bidding; Fifty Dollars for Decision la His Favor. L HAVEN WORTH, Kan.. Jan. W. Acting Judge Nerdllnger of the district court today fined Attorney Schwarts SSO and commit ted him to the county Jail for ninety days, for offering tha Judge a bribe. Schwarts. the Judge charged appeared at hla home last night and ofered him KO If he would give him a decision In a caee this morning. Judge Nerdllnger sent the sheriff after Dchwarta and had blm brought Into court, where he waa fined and sentenced. RHODIUS' MARRIAGE IS NULL Millionaire Declared to Be of C soaad Mla Whea It Waa Contracted. GREENFIELD. Ind. Jan. M. In the circuit court her today. Judge Mason airmailed tha snarrraa of George Rhodlua, millionaire, and Elma Dare, on the ground tnat Baeslus was net ef seuad salad wash ue gadfrai vsrc " -t. J Hour. Deg. AS7 s. ra 2l XwZZi-J -T. f a. in 22 r Br 7 s. m 2 fev - m 23 SSiT 10 a. m 2h -- S 11 a. m 26 v 12 m at . ,i P- 1 P- 27 . liV ,V x 2 p. m 27 Jv kf D- m 27 A4gHis" 4 p. m 28 lJ p. m 2S 7 p-m 24 Makea Error of Five Mlnntes In Look Insr at Watch and Tries to Reach Siding Ahead of freight Train. GLFNWOOD SPRINGS, Colo., Jan. 1 Twenty-one persons were killed snd thirty Injured, many of them seriously, in a head on collision between westbound passenger No. 5 and an eastbound freight train on the Denver & Rio Grande railroad be tween Dotsero and Spruce Creek, twenty two miles from Glenwood Springs, at 8:36 o'clock lust night. The Identified dead: J. D. MAHON, Princeton, Ind. A. A. AH. MILTON. I'o'.j, 111. W. C. KICTTl.R Aehton, Neb. MRS. MATTtE KETTLR, Ashton, Neb. MHS. MATTIH KZ&LL, Willlston. N. D. O. W. OLHSOK. St. Lonls. Irt. AKVILLA A. OLESON. either from Hllrlroth. Neb., or Axtell, Neb. REV. R. L. MIL.ILEY, either from Brook lyn, N. Y.. or Mvchanlrsburg. Pa, CLARLNCE A. GOODING, Washington. JOHN WILLIAMS, Clarke. Neb. J. C. DAVIS, -of Davis-Brldaham Drug Companv, Denver. HENRY DUNN, St. Louis. Unidentified dead, with description, etc.: TWr.LVE-YEAR-OLD ROY. BIGHT-YEAR-OLD GIRL, wearing plain rin on third finger of left hand. THN-YKAR-OLD BOY, light hair. ' SIX-YEAR-OLD GIRL, light hair and eyes. WOMAN, full faced, brown hair, about .TO yn-(, old. wore bluo paid petticoat and Catholic brooch. WOMAN, no description; bndly mutilated. WOMAN, black hair. hirk complexion, plain gold ring Inscribed "Nancy,' shoea -umped Selby Shoe company, Portsmouth, iVOMAN with red sweater, blue and whit striped waJMt, about 45 years old, weight about 110 pounds. Unidentified are women or children and bodies are badly mangled. A partial list of Injured follows: John Ross, laborer, Cleveland, O. Thomas Elliott. Pendleton, la. W. Adoir. Ravenna, O. T. B. Miller, Denver. Mrs. G. Blanke, Wapolln, Mo. Charles P. Maynce. , Mrs. Charles P. Maynce. W. M. Barber, Anthonr. Kan. B. H. Hayden and child, Buffalo, Okl. Fred Jensen, Iowa Falls, la. Mrs. Nellie J. Morton, Htamllah, Cal. Mrs. A. W. McCauley and child. W. C. Moxey, Los Angeles. J. B. . Thompson, Brookings, 9. D. F; Chandler,. Denver. rrA Wl JIrnmiy Eiil1man AnnHlirtl. -.Clarence -Vassau, kiddleburgA'U Some Wha Keeaped. Among those who were on the train and escaped are : Dr. Charlotta Hall, St. Paul. Emma Btrafford,, Cleveland, O. Mary E. Bpeare, Cleveland, O. Mertle 8peare. Cleveland, O. K. L. Roff, Wlnslde, Neb. Hugh Gregg and flmaly, Petersburg, III. According to Information received here the wreck was cauaed by the failure of Engineer Qua Olson of the passenger train to correctly read the time Indicated by bis watch. When nearing Dotsero Olson looked at hla watch and read the time to be 9:46 p. m It was then (:50. Thinking he had plenty of time to moke the next siding below Dotsero he pulled the throttle of his engine wide open and was making forty five miles an hour on a down grade when he collided with the .relght, which waa la boriously cllmblne up the hill under a full head of steam of two big engines. All the sleeping cars remained on the track and none of the passengers In them were Injured, To add to the horror of the accident the second relief train on Its way to Glonwood loaded with Injured has been tied up by the derailment of some of the freight cars. The first relief train bearing a number of the more slightly Injured reached Glenwood this morning, bringing reports of the wreck, which undoubtedly was one of the worst In the history of ratlroadlng. Cars Crnahed I.Ike Sheila. When the passenger did not stop at Dot sero, Conductor Edward MeCurdy Jumped to the bcllcord and signalled to Engineer Olson to stop the train, but It was then too late to avert the disaster and the two trains crashed together with an awful roar and terrible Impact. The three big engines telescoped and when they oame to a standstill resembled one huge piece of twisted steel and Iron rods and mechanism. The . combination baggage and express car, tha smoker and the day eoaoh, whidh followed the engine, telescoped, while the three heavy . Pullman sleepers and dine crushed the entire mass against the en gines. The light coaches were crushed as though they had been eggshells. The only member of three engine crews who wss injured Is John Anderson of Glen wood Springs. In Jumping from the cab he sustained a broken leg. Engineer Ous Olson of the passenger Is a brother of Engineer Big Olson, who was In charge of the head engine on the freight train. Harry Jeffries was the engineer on the second engine. Both Big Olson and Jef fries live at Glenwood Springs. The wreckage caught fire Immediately after the collision and a holocaust wss averted by those passengers who were not killed or seriously Injured and the mem bers of the train crews, who secured shov els snd boards and put out ths blase with snow, which Is piled In huge banks along side the tracks. It was at first supposed that the two mall clerks, Hammond and Prase, on No. S, were killed, but It later developed that It Is the custom to cut the mall car out at Pueblo and send it on by No. L an hour and a half later, so as not to delay the through train by stopping to load the heavy mall that they generally rack up at Pueblo. The passenger was flying flown the grade making for a aiding five miles west of Dotsero. where It expected to meet the freight, and the freight was also trying to maka the aiding. The result was a head-on eolllsslon in which the engines were smashed, the baggage ear of ths passenger train left standing on end. and one of ths day coaches teleecoped by the chair ear Immediately behind It, and fifty people In the day coach and chair car mangled almost beyond recognition. Train No. t, which waa wrecked, left Denver yesterday morning. The train was well filled with paassngars. many ef whom CGniUmad, M erwttrU I By Steady "Digging" the Panama Canal Will Be Completed on Time. From the Chicago Tribune. OMAHA WOOL MEN VICTORS Secure Endorsement from National Wool Growers' Convention. ONE OE TWO STORAOE POINTS Local HrS ' Make Friends by Their Fair and Manly Flarht and Ara Oongrratalated by All at i the Convention. POCATELLO. Idaho, Jan. l.-(Speclal Telegram.) The dove of peace has at last found a resting place In the caps of those contending for recognition as to storage places before the meeting of the National Wool Growers' association. The flgtit Is over, the battle won. Omaha haa tha recog nition of the wool growers of the nation as one of the two designated points at which they will contract and store their wool, Chicago of course being the other. The adoption of resolutions to that effect at today's session Is a great victory for those who came out here and In the face of adverse conditions and In spite of the strongest and most bitter opposition suc ceeded In securing a favorsble resolution and also recognition on the floor of the convention. The movement to establish storage warehouses through Which the growers will be enabled to hold and dis pose of their clips to better sdvantairo has not been easy of accomplishment by the committee promoting It. The lining up of Omaha with Chicago, the popularity of Omaha with the sheep men and the strength that combination can and will exctte when all are pulling together In sures beyond all question of doubt the success and permanency of the movement. Contrary to predictions In some quar ters Omaha was extended every courtesy st the Pocatello meeting and Harry C. Brome of that city waa heard this morn ing on what Omaha had done. Is doing and can do for the wool men, citing the establishment and development of the Omaha live stock and grain markets as criteria of what can be expected of the Omaha wool market. He dispelled the Im pression that Omaha's activity waa In any way Inimical to or directed agaJnst the Chicago warehouse. Text of Resolution. It Is realised by the growers that there Is wool enough for both and from now on. while Chicago is to be the central mar ket, Omaha la recognised and considered essential as an auxiliary, wherein more wool will be stored than at Chicago or any other point. The full resolutions of the association on the wool storage ques tion are expressed In the following lan guage: Resolved, That we endorse and recom mend for your 'favorable consideration the central wool market now being estab lished In the city of Chicago In socord ance with the plana aubmitted by your committee and appeal to wool gTowera at large to give this movement their earnest snd energetlo consideration and substantial financial support. Resolved, That our hearty appreciation Is due for all that haa been done for pro vision of wool markets and storage plants In the city of Omaha and of the efforts of the Omaha wool and storage house In es tablishing that enterprise and that we fur ther recommend to the stockholders and hoard of directors of the National Wool and Warehouse companies of Chicago when organised the earnest cunstderstlon of the plan of taking over of the Omaha wool and storage companies as an auxiliary to the central warehouse of Chicago, and if prac ticable of similar extensions of the busi ness from time to time at other locations. In compliance with the request of Inter ested wool growers we recommend that the part of the agreement between the stor age companies and John A. Spoor be so modified that the wool growers shall, through their board of directors, select at least three members of the executive board. The South Omaha delegation. In charge of Secretary A. F. Stryker of the Live Stock exchsnge, left Friday evening for Salt Lake City and Denver. Omaha Makea Friends. Commissioner J. M. Guild, Harry C. Brome and C. H. King, representing ths Commercial club, 'remained until the rloss of the convention today In order to talk Omaha, the key to the situation, and ss CCmUu4 sa runa Ttac' BILL FAVORS LARGER NAVY House Committee Measure Recom mends f 13,000,000 Increase in Appropriation. WASHINGTON. Jan. Id In reporting the naval appropriation bill to the house today the committee on naval affairs fixed the amount needed for tha maintenance of the naval service during the fiscal year 1910 at S135.6Sf.SR8,' as compared1 with TIIB,1, the present appropriation. The bill con tains recommendations for an Increase In the navy by two ZS,000-ton battleahlps, five torpedo boat destroyers, four submarine boats and four fleet colliers. A provision tacked onto the $2,872,270 appropriation for enlisted men Into the marine corps requires that "hereafter officers and enlisted men on the marine corps shall serve as hereto fore on board battleships and armed cruis ers and also upon such other vessels of the navy as the president may direct In de tachments of not less than S per centum of the strength of the enlisted men of the navy on said vessels." BILL AIMED ATJRIZE FIGHTS Senator Galllngrer Haa Plan to Stop Mills on the Potomac River. WASHINGTON. Jan. 18. Senator Gallln ger has outlined a plan to terminate the holding of driie fights on vessels anchored In the Potomac river, between the city of Washington and Alexandria, Va. Bouta have been "pulletf off for a num ber of years, to the great annoyance of police authorities In Washington and the Virginia town. Neither had Jurisdiction over the point of anchorage, which usually was near midstream. To meet this condition. Senator Galllnger has Introduced a bill providing that no boats on which price fighting takes place shall be permitted to use wharf property In the District of Columbia. As practically all vessels plying on the Potomac river are compelled to use Washington wharf prop erty. It is believed that the prise fighting can be stopped. GERMAN EXPORTS ON DECLINE Thirty One Mltllem Less Merchandise . Sent to United Stases la 1SOS. BERLIN, Jan. . 14. According; to the records of the American consulates In Ger many exports to the United States daring the year )908 show a big decrease from 1907. The grand total Is 128,239,000, which means a loss of S31.153.0O0. Berlin shows a loss of 14.04,000 and Chemnlts, Including the abolished consulates at Annaberg and Glauchau, a loss of $4,377,000. Aachen, Bar men, Frankfort, Leipzig, Nurembourg and Plauen each show a loss of more than i:,000,000. Hamburg, Stettin and Munich are the only consulates showing a gain. Ham burg advanced 1514.000 and Stettin showed an increase of $2,348,000, owing to the heavy Increase In the sugar business. Many of the consulates registered good gains for the fourth quarter of VKM; In Berlin this amounted to about $4.000,0u0. HORSES FOR TAFT PARADE Perkins of Cleveland Tweaty-Fonr for Black Troop. Bays LEXINGTON, Ky., Jan. 18. Jncob B. Perkins, a Cleveland millionaire, today com pleted the purchase of twenty-four matched black horses which will be shipped to Cleveland tomorrow to be used by tha famous Troop A, or "Black Horse troop," In the Taft inaugural parade March 1 PRINCE STEPS OUT FOR SON Ramor at Vienna Says Nicholas of Moaleaeanro Has A SSI rated. PARIS. Jsn. 18.-A spectsl dispatch re ceived hers from Vienna says It is rumored that Prince Nicholas of Montenegro has abdicated in favor ef b,lf son Frlbo JsifkO. MURDER FIXED ON CURTAIN Killing of Policeman Smith Reviewed at the Inquest. DESPERADO IS ORDERED . HELD Fan at for Relief of the Dead Officer's Family Is Now Over the One Thousand Dollar Mark. Patrolman Smith rsat. Previously reported Charles htets Ootllsb Stors Anna BTslaon Sr. Oeorgs X. Killer.,, People's Ynrnlture and Carpet Co. Conncil Bluffs Police O. W. Wattles Orchard h wilhslm Co Paxton Hotel Dohlman Democracy Anna Wilson T. A. Bash Dr. c. P. Condon John L. Kennedy Conrad Tonng M. WoUsteln Co J. B. Bugf Ssorge Zi. Blatter A. Venato Frank A. Foray Cash Bsrg Clothing Co W. T. toeoker J. T. Lots J. . Cross Hugo T. BUs A. L. Vndsland J. Bonnsnberg- Oladstons Bros J. X. Flxa M. Goldstein .9441.15 , 160.00 , 100.00 , 100.00 , 60.00 . as.oo . 85.00 , as.oo 08.00 , as.oo , 85.00 . 85.00 , 80.00 , 10.00 10.00 , 10.00 , 10.00 , 10.00 6.00 5.00 6.00 8.00 6.00 6.00 e.oo 6.00 6.00 6.00 6.00 6.00 6.00 3.00 3.00 8 00 8.00 8.00 1.00 1.00 1.00 . 1.00 1.00 1.00 Ales Jetes X. Bssslln C. Bohlank Tracy Bros j... O. Orant Andy Srwanson S. Brodkr stay K. Brodky A. B. Ooodsoa Total .1034.10 We, ths Jurors, find that L. A. Smith earns to his death from a ballet wound received from a shot fired by a person known as Albert Clark, said Clark being the man now eonfined la the Omaha Gen eral hospital.. And we further reoommend that said Clark be held for said murder. This was the verdict returned by Cor oner Heafey's Jury Saturday afternoon In the case of the death of Patrolman Lafayette A. Smith, who was killed early Thursday morning In an encounter with a desperado. Eighteen witnesses were ex a mined by County Attorney English dur ing the Inquest, which began shortly after 8 o'clock In the court room of the police station. The verdict waa handed In before S o'clock. These men composed the Jury: F. W. Anheuser, foreman, attorney, JjJ McCajjue building. M. Sullivan, real eatste dealer, 711 South Nineteenth street. Richard Klssar.e, watchmsn. Midland hotel. J. B. Carver, probation officer, 1M1 North Nineteenth street. J. H. Babbett, cigar dealer. 2790 California Street. Lewis Oodola. Burlington freight agent, 1819 Chicago street. Anna Wilson Flret Witness. Anna Wilson, proprietor of ths house at 112V4 North Ninth street, from which Jack Curtain, alias Albert Clark, the outlaw, grabbed the gold and diamond-set locket that started the trouble, waa the first wit ness to be called. She told how the man had entered her house and had refused to go when ordered out. "Walt a mtnute,'Jhe said, according to her testimony, and reaching for hla re volver wtth Ms right band he snatched (Continued m FourtA r ("From a Staff Correspondent. LINCOLN. Jsn. IS. (Special.) Governor Phallenberger this afternoon appointed the following supreme Judges: John J. Sullivan of Omaha, late of Columbus, snd Jesae I Root of riftttsmouUi. for three-year terms, and Jacob Fnwcett of Omaha and Silas A. Holcomb of Broken Bow, for the one-year terms. These appointments were made Immedi ately after the governor Issued his procla mation declaring the constitutional amend ments voted on at the last election adopted In accordance with the canvass made by the state legislature In Joint session last Tuesday. This canvass wns made upen a printed abstract of the vote and certified by the secretary of state as being "prac tically" a copy of the original abstracts on file In his office. Secretary of State Junktn refused to sign the proclamation of the governor, as is ruetomary, so It was filed without being at tested. The new Judges are to take the pltces of the Judges appointed by Governor Shel don, who acted upon tho canvass of tha vote on constitutional amendments madd by the state canvassing board. JudRes Sullivan. Root and Fawcett were appointed by Governor Sheldon, but Judge Sullivan declined after serving one day, snd In his place Judge Dean of Broken Bow was selected. Should the new Judges be able to qualify and serve they would d'.-place Judge W. B. Rose and Judge J. R. Dean. What Appointees Say. Judge Holcomb has signified his Intention to accept the appointment and the quo warranto action to test the question of right to serve will be In his name In, tha supreme court. Judge Root, who drew the . three-year term from both governors, exhibited some signs of embarrassment when the news waa brought to him previous to his official notification. "I have not yet been officially notified of my appointment." said Judge Root, "and I therefor cannot very well discuss the matter. But even If my commission wr.re . before me now I could not say what I should do. While I have not gone into the matter very thoroughly as a lawyer, as to whether the legislature has a right to can vass the vote, it was my opinion that Gov ernor Sheldon acted legally when he mada his appointments. Had I not been of that opinion I should not have accepted the ap pointment and moved to Lincoln. Some questions have been raised, however, about the failure of the legislature to legally pass the bill which repealed the act giving the authority to the legislature to canvass the vote, and I have not looked Into that question. I presume the matter will be de cided by the old court, with one of tho new Judges sitting to make a quorum, as , the law provides." Judge Fawcett Is not In Lincoln, havlrvr gone to Omaha today to attend to soma private business. Statement by Governor. Governor Shallenberger Issued the fol lowing statement: In accordance with the authority veste 1 In me by luw, and in conformity with th Joint resolution of the legislature filed i,i my office January 13, UJ. I appoint Jol, i J. Sullivan of Omaha, Neb., to be Judr-a of the supreme court of the stale of Ne braska, to hold said office until hla su -cc-ssor shsll have leen elected at the a-.u. eral election In 1911 and haa qualifier Jesse IJncoln Root of Plattsmouth, NeJi.. to be Judge of the supreme court, to hold said office until his successor has been elected st the goneral election in 1911 and naa quaunea: etnas A. Holcomb of Rroki n Bow, Neb., to be Judge of the sunrm i court, to hold said office until his sv ressor has been elected st the in i ! election in ICO and has qualified, s vl Jacob Fawcutt of Omaha. Neb., to h Judge of the supreme court to, hold snld office until his successor haa been eleirt at the general election In 1809 and his qualified. In commenting upon his action, ths anv- emor said: 'A statement from me Is perhaps wen at this time, since It has become a matter of Importance to the general public and the administration of our laws. I think It to the Interest of the public that tha question as to the validity of the appointments under which the four new Judges hold their offices should be definitely settled. That there la serious question as to the legality of the canvass made by the State Board of Can vassers, I do not think anyone will ques tion. It seems to me certain and It has been presented to me by a number of at torneys of prominence In the state, that sooner or later litigants will raise these questions when Important matters are on trial, and since they must be settled by the court, the sooner this Is done the better for all Interests. School Fund More Importavat. "I know that the ordinary Individual Is more concerned, perhaps, as to ths Judgs shlps Involved, but In my opinion the Im portance of knowing that the amendment relative to the Investment of school funds has been legally adopted la of even greater Importance to the state, since under Its powers millions of the funds of ths stats are to be Invested sooner or later. Tha whole question Is one that can be Bottled easily and quickly. If those concerned will lay aside personal ambition or party ad- vantage and hasten the adjudication of the whole matter by a friendly suit la t! court. "In making ths appointments which I have designated, I have been actuated by a desire to be absolutely nonpartisan, and have, therefore, given a republican snj a democrat each a long term and Ukewlss a short term to one of either political party In appointing two members ho have also been appointed by Governor Kheldon. I have selected those two who have had extended Judicial experience It waa necesssry In order to bring this mat ter to a legal decision that I should ap point, at least ons member of ths court other than thoss selected by Oovsrnoi (Oontinaed aa rsurta Tt-l