Nebraska Newspapers

    The Omaha Daily Bee
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VOL. XXXIX XO. l'JS.
OMAHA, FRIDAY MORNING, NOVEMRER 12, 1!K! TWELVE PACKS.
SINGLE COl'Y TWO CENTS.
NAflEL TALKS OF
NATURALIZATION
Secretary Does Not Agp-ee with Posi
tion Assumed by Head of the
Division.
DUTY IS TO PRESENT PACTS
Office Not Concerned with Interpret
ation of the Law.
MATTER IS FOR THE COURTS
Number of Decisions Made Favorable
to Admission of. Syrians.
SURGEON COMMAND
SOLACE
eerr Inrr
Settli r .
Dvrr Tlnnpltat Ship'
Drslgnntlna; C'omt '
by
from Medical fo ,
, b
WASHINGTON. Nov. 1.
Nagel of the Department of Co
Libor expressed himself today' r
firy
nd
Jcct of the functions of the na
division of that departmnnt to . V et'ect
quite different from that embodied In the
rcent rullm of Richard K. Campbell,
chlof of that division, In opposition to the
naturalization of Syrians and others of
kindred race.
Mr. Nngel said he saw no reason for any
action on th part of the department that
would caute uneasiness to any class of
Immigrants.
Thi re are several cases In the federal
courts and decisions have been rendered
In s ates as widely apart as California,
Loulnhma and Khod Island, favorable to
the Syrians.
Secretary Nagel believes thnt the per
sonal character of the applicant for cltl
senshlp Is more Important than his nation
ality. Cases of Suspended Offlelnls.
The cae of the suspended officials of
the United States coast and geodedlc sur
vey Assistant Superintendent Frank W.
Perkins and John -Gilbert, the hydro
graphic and topographic Inspectors,
chafed with Irregularities in administra
tive methods was today referred by Sco
retary of Commerce nnd ' Labor Nagel to
Superintendent Tltlman for report
and I
I
recommendations.
This action Is In accord with Mr. Nagel's
rule not to Interfere In the organization
of a buk'ftii without consulting the chief
responsible to tht department.
Ir. Tlttman was' away at the time Act
lug Secretary McHarg suspended the two
officials and during most of the period of
the Investigation to leading to that action
and has had no opportunity to officially
pxprea; himself In the matter. Mr. Nagel
ha already, irvlew the evidence In the
caao.
Surgeon Will C'ommaud Solace.
Secretary of the Navy Meyer today set
tled the controversy as to whether a Una
officer or a medical officer shall be placed
In command of the hospital ship Solace,' by
designating Surgeon George Plckrel of the
medical corps to command the vessel. The
navigation of the ship will be In charge
of a merchunt sailing master. In reach
ing this decision Secretary Meyer adhered
to the policy of the Roosevelt adminis
tration Which stirred up much criticism
from line officers.
Search for Stolen Cash.
Efforts are being made by the Postofflce
department o locate the fifteen letters
containing paid money orders and about
$1,500 in cash that disappeared last Monday
from the desk of H. L. Johnson, superin
tendent of the money order division of the
Washington city postofflce. As the time
of the theft Is well known It Is believed
it will not be difficult to fix the guilt
upon someone who wsa known to be In
the superintendent's office when the pack
age disappeared.
Balllnger Sees Taft.
The Glnvls charges, bearing on the at
titude of the Interior department towards
the Alaska coal lands, were brought to
the attention of President Taft today by
Secretary Balllnger.
The results, If any were not disclosed,
the secretary declaring as he was leaving
I the White House that he had nothing to
lav.
Reorganising- Sstjt Yards.
Assured of presidential approval of his
general plans for the reorganization of
the navy yards and the bureaus of the
iavy department Secretary Meyer today
began In earnest to work out the details.
These ho will mako public In a few days.
BRINK IS FOUND GUILTY
Convicted of Mnrder In Case Where
Three Sheepmen Were
Killed.
BASIN. Wyo., Nov. 11. (Special Tele
giam.) For the first time in the history
of range feuds In Wyoming, a conviction
was obtained In a murder charge when the
Brink Jury this morning presented a ver
dict finding the defendant guilty of murder
In the first degree, punishable with death.
Presentation of the finding marked the end
of the first of five murder cases growing
out of the tragic Spring Creek raid April t,
last. In which Joseph Allemand and Joseph I
Enige, flock masters, and Jules Lazier, a
herder, were killed, it is charged, by a band !
of nlght-rldlng cattlemen.
Today a Jury was completed and the trial
of Thomas Dixon on a charge similar to
that on which Brink was convicted will
begin. Two Jurymen examined for service
in the trial were excused by the court be
cause they declared they were biased In
favor of the defendants and would not
bring in. a verdict of guilty.
The Brink case ' went to the jury at 6
o'clock last night and It was considerably
after juldnlght when an agreement was
reached. According to reports, the first
ballot stood eight for conviction and, aa
charged In the Information, two stood for a
second degree finding and two for acquittal.
GOTHAM IN ICY
GRIP
l'roaeentor Trust Woalda't
Permit Sale of Iceberg; la
Harbor.
KEW YORK. Nov. Xl.-' l wnt to show
that the American Ice company has tight
ened Its grip on the Ice market so Jhat
even if a busiaesa man moved an Iceberg
Into New York harbor he wouldn't get a
chance to soil a pound," waa the rejoinder
of Special I'ronecuior James W. Osborne
today to objection by counsel for the Amer
ican Ice company to his line of quwtlloniug
a witness at the trial for alleged violation
a? the slate an U-monopoly law.
Threats to Open
Door to Scandal
by Mme. Steinheil
Alleged Murdress Declares She Will
Involve Persons of High
Standing.
PAIIIS, Nov. ll.-The state at 2 o'clock
tills afternoon rested Its case against Mme.
Steinheil, accused of the murder of her
husband, Adolplie Steinheil, and her step
mother, Mme. Jspy, and the defense at
once began the examination of its wit
nesses. ,
The ropular opinion Is that the prosecu
tion his not made out a case against the
prison' r and that she will be acquitted by
the jury.
Just as the prosecution was closing Its
evidence the prisoner renewed the Implied
threat she had several times made to
broach scandal that would Involve persons
of high standing, but ap-aln, as on the
previous occasions, Judge DeValles" Invi
tation to proceed with her "revelations"
was met with silence. Today In a flash
of passion she cried ouf "My .past con
tains Interesting chapters."
Judge Dealles, unmoved by the Interrup
tion, promptly and sternly replied: "You
are at perfect liberty to say anything that
you please."
Mme. Steinheil, however, went no further,
and the case of the government was Se
dan d closed.
The first witness Introduced by the de
fence was a chauffeur, who testified that
Mme. Steinheil gave him S4 for trying to
locate the "blue automobile" which was re
ported to have been seen In front of the
Steinheil home In the Impasse Ronsln at
8 o'clock on the evening of the crime.
This testimony was intended to show that
Minu. Steinheil was anxious to discover
the identity of the assassins.
Twin Cities
After Indian
Purchase Station
They May Try to Get Depot from Chi
. cago or Omaha or a
- New One.
ST. PAUL, Nov. 11. (Special.) St. Paul
and Minneapolis jobbers are organizing to
1 Recur a. lsriror norttnn rt lh trnria nf the
, .
Indian bureau.
A meeting of prominent business men of
the two cities has Just been held, at which
It waa decided to present a petition to the
Indian bureau to establish a depot rt the
Twin Cities, and if this could not be
brought about at least to secure to loca
tion here of a purchasing agent w.lth whom
they could deal direct and to whom they
could make deliveries. Some of the strong'
eat men In the two cities have been named
on this committee and they are busy pre
paring data of the amount of supplies used
annually In territory which they hold Is
naturally tributary to the Twin Cities, and
also to make a showing of the distribution
facilities of the cities. They have not yet
definitely decided ..whether tUy-. wUl . aak
for the removal of the. Omaha or, Chicago
depots to this point or simply the estab
lishment of an additional depot hare. There
can be no doubt, however, that they pro
pose to make a determined effort to secure
some of this business which they think Is
now going to Omaha and Chicago Jobbers
and to which they are entitled.
The movement has not progressed far
enough yet to line up political Influences
In its behalf, but an effort In that direction
will follow within a few days.
In addition the wholesalers of the two
cities will ask the bureau to modify Its sys
tem of delivery and of payment, which
they Insist are onerous and practically pro
hibit anyone outside of a supply depot city
from bidding on supplies.
Young Morton's
Engagement Off
Roller Skating Romance of Son of
Joy Morton Apparently
Comes to End.
CHICAGO. III.. Nov. 11. (Special Tele
gram.) Miss Hilda Bull, who returned
recently from the east, where she si.ent
the summer,- caused a flutter in local
society, w hen she yesterday announced that
her marriage to Sterling Morton, son of
Mr. and Mrs. Joy Morton, had been in
definitely postponed.
"Please say that the marriage has been
indefinitely postponed," she said.
No reason was given for the postponment.
The engagment which was the culmination
of a romance of a roller skating club which
met every week on the North side during
lent last year, waa announced last spring.
LUMBER COMPANY OBJECTS
Excessive Freight Ratee Alleged to
Be Charred by Milwaukee
Railroad.
(From a Staff Correspondent.)
WASHINGTON, Nov. 11. (Special Tele
gramsThe Fullerton Lumber company of
South Dakota today filed complaint against
the Chicago) Milwaukee & St. Paul, the
Stanley, Merrill A Phillips and the Duluth
St Iron Mountain Railway companies, alleg
ing excessive freight charges on shipments
of lumber over the defendant railroads and
demanding reparation In the sum of $576.
Eleven Homes Open to Boy
Whom Father Has Spurned
William Decker for no reason does not
want his 10-year-old son, David Decker, but
there are at least eleven other men or
women willing and eager to give the boy
a home.
Ten applications to adopt the lad have
been made either to Judge Estelle, Proba
tion Officer Bernstein or Miss Heller, prin
cipal of the Detention home.
Judge Estelle had three letters, one caller
at his office and one long distance phone
call about the boy, all Thursday morning.
Mitts Irene Mason, formerly a nurse at
the Child Saving Institute wrote Judge
Estelle that she was now living with her
mother on a ranch on the Niobrara, that
they had adopted one Infant and wished
to take David Decker, too. Mrs. Fred Ellis
of North Bend wrote that she would like
to take the boy and so did Iawrenca Oris
of St. Edward. Next a South Omaha
woman, who did not give her name, called
and asked where she could see the boy,
BANDIT KILLS
MNKCASHIER
Man Who Tried to Rob Institution at
New Albany Also Shoots
President.
LATTER DANGEROUSLY WOUNDED
Negro Chauffeur Who Refused to Aid
Him Shot in Back.
MAKES ' ESCAPE IN SKIFF
He is Soon Overhauled by Police in
Motor Boat.
OFFICER AVERTS LYNCHING
Mob Wbloh Gathered on flank la Told
Prisoner Is DeadPartly Iden- x
tlfled as Louisville Furni
ture Dealer.
LOUISVILLE. Ky Nov. ll.-J. Garry
Fawcett, cashier of the Merchants Na
tional bank of New Albany, Ind., was
killed, John K. Woodward, president of the
bank, was dangerously wounded and James
R. Tucker, a negro chauffeur of Louisville,
was fatally waunded this morning when a
young man, partially Identified as Arthur
(fall, a Louisville dealer in second-hand
furniture, entered the bank and after com
manding everyone to throw up his hands
"and get In the vault" began shooting.
Mr. Fawcett died almost Instantly after
being shot through the neck and chest.
Woodward was shot through the liver and
Intestines an 1 Tucker was shot through
the body and may die. '
Following the shooting the murderer
rushed from the bank and tried to make
his escape In an automobile which he had
taken from the curb In front of the resi
dence of Its owner, Mrs. Walter Escott, In
Louisville, forcing the negro chauffeur at
the point of a gun to drive him to New
Albany. But the chauffeur, paralyzed with
terror and apparently Incapable of action,
sat still. The robber Jumped from the car
and sent a bullet through the negro's body.
Turning to the river bank a distance per
haps of two blocks, the youth ran with the
speed of a deer. He quickly appropriated
a skiff at the dock and was on his way to
the Kentucky side before the frightened
citizens of New Albany knew what had
transpired.
Police Captare Man.
An alarm was given through a mega
phone on a dredge boat and In a short time
the police of the little city had started In
pursuit In a fast motor boat, capturing
their man, and had brought him to shore
only to confront the new peril of a lynch
ing. . .
By a clever ruBe, however. Captain Adams
of the police stood off the crowd of 200
which crowded around the dock aa the
police boat landed. Commanding the pris
oner to lie down the captain announced to
the crowd that the man had taken poison
and waa dead, meanwhile carrying him to
the patrol wagon and. giving the word to
drive' ahead. -The bandit was 'taken, tp thtf
New Albany Jail, A few moments later he
was removed to the southern Indiana re
formatory at Jeffersonvllle to escape the
mob, which would not be quieted and which
had assembled around the Jail.
In hla cell at the reformatory the pris
oner refused to give his name and talked
only under pressure. He said that he had
been around Louisville for several days.
He did not know Tucker, the chauffeur,
and declared that he was not implicated In
the attempt on the bank.
Refnsea to Tell Xante.
"I won't tell my name. I have seven
brothers and sisters. My father don't live
with my mother and all of them are not
within 600 miles of this place.
"I never smoked a cigarette, chewed nor
drank. Oh, yes, I smoked a cigar In Cov
ington ten years ago, but never again. I
never was in trouble but once. That was
at Lextnglou, Ky., on Hallowe'en a long
time ago."
He seemed to be confused, but is appar
ently not Insane. He confessed that he
planned the robbery of the bank and says
he had no assistance.
The most striking thing about the bandit
is his good looks and his red hair, which
Is neatly cut. His face is effeminate. He
is not over 20 years old, five feet six Inches
tall, wears a lemon-colored shirt with col
lar attached, black four-in-hand tie, dark
trousers and a belt.
Roosevelt Rumor
Declared False
Word from Supply Agents Says the
Former President and Party
Are Well.
NAKURU, Natvasha Province, British
East Africa, Nov. 11. The supply agents
for the American expedition at Narob'
state that there Is absolutely no truth In
the rumor recently circulated that Colonel
Roosevelt was 111. All of the members of
the party are now on GuiS lngihu plateau
and well, the agents say.
NAPLES, Nov. 11. Mrs. Theodore Roose
velt and her daughter, Ethel, motored to
day to the village of Sant Agnello, near
Sorrento, where they visited at the home
of the late F. Marlon . Crawford. Mrs.
Roosevelt said that she would return here
In the spring to meet Colonel Roosevelt.
saying that If he was attractive In appear
anceas the child indisputably la she
would ask to have him given her. Judge
Estelle had hardly ushered her to the door
when the telephone rang and Thomas
Head of Tender put in an application.
Meanwhile Inquiries were being received
by Miss Heller and Mogy Bernstein, three
each, making a total of eleven applications.
The matter has not been decided and the
boy will be given to the person whom Rev.
A. W. Clark of the Child Saving Institute
selects, subject to the approval of Judge
Estelle.
"These applications rather quicken one's
faith In human nature," said the judge
"When a man Is so unnatural aa William
Decker it shocks everyone, but the fact
that there are ao many warm-hearted and
kindly people who wish to adopt the boy.
is positively spiritually refreshing.
"David Decker will bave a home, all
right. In spite of his father."
Some Prize
From the Washlngtaon Star.
AMERICAN SYSTEM OF MONEY
Senator Aldrich Addresses Des Moines
Bankers on Currency Reform.
COMMERCIAL PAPER IN EUROPE
Methods of Foreigners,. While Val
uable aa Suggestions, Cannot Be
Adopted by United States
Becanse of Conditions.
DES MOINES. Ia., Nov. 1L Senator Aid
rich talked here tonight to the local
bankers' club. He again VllscusRed the ne
cessity tor1 the reforms t-vef 4ha banking
and currency lawB wttfj.the end In view
o fpreverrting future panics like that Of
1907, and by way. of 'Information went Into
details concerning the operations of cen
tral banks In the countries of Europe.
This bcln gthe home of Senator Cummins.
It had been expected that Mr- Aldrich
would make some reference to that gentle
man, who has shown an inclination to an
tagonise his policies, but If anything un
complimentary was anticipated by any
persons they were dlssapolnled. The Il
lusion to Mr. Cummins was courteous, and
being made In connection with a mention
of the name of the late Senator Allison.
It could not have aroused any but the
kindest feelings.
Mr. Aldrich was the guest of honor at
a bankers' dinner, which was given at the
Savery hotel. J. Q. Round., president of
the club, presided and Introduced the
Rhode Island senator, whose reception was
most cordial.
In his address here, Mr. Aldrjch spoke
especially of the growing Importance of
the west as affording the best reason
why the people of Iowa should desire a
stable banking system and he appealed
to them to Join with him In devising a pla"
that wou!d place the tTnlted States In ad
vance of all other nations as a financial
center. Here he gave somewhat more at
tention than elsewhere to the Important
part that commercial paper plava In the
banklnar systems of the old world. This, he
explained, was not done for the purpose
of urging the adoption of the Europoan
plan In the United States, but to Indicate
a possible means of increasing credit In
case It should be found desirable to go
abroad for suggestions looking to an 1m
prvement of our monetary system.
Commercial Paper Abroad.
In the course of his discussion ot this
feature of foreign banking Mr. Aldrich
said:
"In Germany all notes, taxed or untaxed,
must be covered by an amount of specie
equal to one-third of the total Issue, and
an amount of bankable bills equal to the
other two-thirds. Those bills are what we
would call commercial paper. They must
bear the names of two solvent parties, and
must not run for more than ninety days
to answer the standard fixed for bankable
bills. In France they have a provision
that what are binkable bills there must
bear their names and must be written the
same limit as to time as the German bills.
"In Great Britain the custom Is to re
quire two names of English citizens, one of
whom must be acceptor. Of course you
are aware of the difference In terminology
of our commercial paper and theirs. Our
people use promissory notes, either with a
single name or with endorsers. No such
thing as a promissory note Is known In
the ordinary experience of any of those
countries. They do give a form of obliga
tion with mortgages, and sometimes with
collateral, which is perhaps the closest ap
proximation to our form of promissory
note. There, If a wholesaler sells a re
taller goods of any kind, or a dealer,
wholesale or retail sells to a customer any
article, the wholesaler or the merchant,
whover he may be, makes a draft upon the
purchaser and that draft Is accepted. The
paper la known as a bill of exchange. It
is for a real transaction, and those bills
are bankable and they are the foundation
of the credit system of the countries I
have named."
Mr. Aldrich also took occasion to explain
that In referring to foreign banking sys
tems ha had no Intention of urging the
adoption of any of them.
"In making this statement to you as to
the character of these banks I do not want
to leave any opportunity for any mis
understanding whatever," he said. "It la
not the purpose of the commission It cr-
(Continued oa second Pace.)
Varieties in the 1909 National "Mum" Show.
Submarine Quake
May Have Stopped
West India Cable
Communication is Interrupted with
Kingston Since Big Storm
in Islands.
WASHINGTON, Nov. 11. Weather re
ports from Klrujston, Jamaica, which the
weather bureau here usually receive daily,
have failed to come from the West In
dian island since last Saturday, and the
officials of the service have been without
Information regardln what has occurred
there since that tlrne.
There has been no general topic dis
turbances Indicated In the reports to the
weather bureau from points in the other
West Indian islands and the weather
bureau officials are inclined to believe
that some submarine earthquake hns
caused the Interruption to the cables. No
earthquake of any magnitude, however,
has been recorded on the seismographs of
the weather bureau, or the coast and
geodetic survey here.
HALIFAX. N. S., Nov. 11. Communica
tion with Jamaica by the cables coming
to this port Is still cut off. Officials of the
cable companies said today they hoped to
'ie able to get some word through from the
icland before night.
Grey Noncommittal
On Tariff Program
Canadian . Governor General Opens
Parliament with Plea for Do
' v minion Navy.
OTTAWA. Ont., Nov. 11. The second
session of the eleventh Parliament opened
today. The governor-general. Earl Grey,
read the speech.
The speech reaffirmed the position taken
by Sir Wilfrid Laurier's government In the
joint resolution of Parliament adopted last
session regarding naval defense, which
simply enunciates the necessity for Can
ada undertaking a share In the empire's
naval defense, maintaining autonomous
control of its own navy, but working In
harmony with the Imperial navy.
No definite answer was made as' to
whether Canada shall build Its own navy
or have It built In Great Britain, or make
a cash contribution pending the establish
ment of a neucleus for t. Canadian fleet.
Regarding tariff changes the speech was
equally noncommittal.
Indications are that the naval policy wil,
be the principal subject of discussion this
session.
THOUSANDS OF CHICKENS
BURNED WITH PLANT
Bnlldlnax Full of Poultry Is Destroyed
by Fire at llotchlusoo,
Kansas.
HUTCHINSON. Kan., Nov. 11 Eleven
thousand chickens were burned to death
when fire destroyed the plant of the United
States Packing company here early today.
Loss JM.000.
The headquarters of the United States
Packing company are In Chicago.
Man Higher Up Caught in
Sugar Trust Weighing Fraud
NEW YORK, Nov. 11. Evidence which
la cunfldentally expected to reveal the
"man higher up," In the sugar neighing
frauds unearthed during the term of
Henri L. Silmson as United States dis
trict attorney for thu southern district of
New York has been placed In possession
of the government, it was authoritatively
stated today, and Is being used as the basis
of a federal Indictment soon to be filed
against one of the officials of the Ameri
can Sugar Refining company.
Since surrendering the duties of United
States district attorney. Mr. Stlmson, act
ing as a special United States attorney
general, has had In hand the work of
MR. BRYAN DECLINES TO TALK
He Avoids Saying Whether He Will
Run for Senator.
FEAR OF DEFEAT CONFRONTS HIM
Reeent Conferences Before lie Leaves
for Sonth America Full of Dem
ocratic Import Howard
to Front.
(From a Staff Correspondent.)
LINCOLN, Nov. 11. (Special.) Demo
cratic leaders are demanding of Bryan that
h say whether , he Intends to be a candi-'
date for the United States senate. They
have demanded of him an answer yes or
no. The question was put to him yesterday
and Mr. Bryan answered equivocally. He
said he would not bo a candidate unless
there was a demand for him to run. And
on the heels of that answer comes the talk
put In circulation by Bryan followers that
the Commoner mail Is being flooded with
letters requesting that he be a candidate.
Gilbert M. Hitchcock, through 4n agent,
has asked the question; W. H. Thompson
of Grand Island tried to find out through
Edgar Howard, and Governor Shallenberger,
through his friends, has nought In vain for
the answer. To each and every one the
presidential candidate has given the same
answer: "If there la a demand for me to
make the race, I will not refuse to accept
the nomination."
Mr. Bryan does not Intend to enter the
race unless he Is reasonably sure that he
can be elected. lie fears defeat. To friends
he has Indicated that defeat for the sena
torshlp would be his everlasting undoing
from a political standpoint. But he is so
anxious for the office he will not say posi
tively that he will not be a candidate.
Holds Many Conferences.
So in order to be In a position to make
the race, If he decides to-do so on his
own platform, he has been holding some
important conferences. Personally he de
sires to run on a platform committed to
county option, but he has thus far been
unable to convince Governor Shallenberger,
Mayor Dahlman or Edgar Howard that is
a wiae move.
And while Mr. Bryan Is trying to get the
party leaders to act harmoniously on the
liquor question, the party leaders are try
ing to get him to come to a decision on
the senatorial matter. Here Is what the
would-be candidates are up against: Mr.
Hitchcock Is a provisional candidate, so
Is W. H. Thompson and Governor Shal
lenberger has his following. Should either
announce his candidacy and start his cam
paign, he fears Just before the time, ex
pires when a candidate may file, Mr.
I Bryan Is liable, to hear that popular de
mand for His own candidacy and nave
some of his friends file his name. Then it
would be up to Hitchcock et al quietly to
fade away nursing a severely bruised dig
nity. So long as Mr. Bryan remains non
committal there will be no candidate an
nounced In the democratic party.
That the democratic leaders are worked
up over the action of the three times pres
idential candidate, is due to the fact that
Saturday Mr. Bryan will leave for a tour
of the South American republics and his
return to Nebraska la not looked for until
In the middle of next summer, probably
next August.
Because of this the eladers have- da
rranded of Mr. Bryan that he come to a
(Continued on Second Page.)
building up the government's case against
the custom house weighers and the em
ployes of the American Sugar Refining
company, who are charged with having
conspired to defraud the United Slates
of $2,000,000 of sugar duties. The Inquiry
Is now approaching a climax.
Mr. Stlm.iun refused to discuss the nature
of the new evidence obtained by the
government, but it was learned that
evidence furnished by one of the Implicated
government welsliers was regarded as
conclusive enough to make practically cer
tain the Indictment of a high official of
the American Sugar llefinlng company.
FIVE ItOBKEUS
FOUND GUILTY
Jury in Federal Court Convicts Over
land limited Train Holdups After
Two Hours of Deliberation.
LIFE SENTENCE STARES THEM ALL
Extreme Punishment Must Be Meted
Out to Quintet.
CONVICTED ON ALL THREE COUNTS
No Need for Idaho Authorities to
Rearrest Bill Matthews.
FIFTY, DEPUTIES WATCH FIVE
K.xtrrme Prerantlone Taken to Guard
Ilantllta Who Are Hronaht Ilnrk
from Jail to Henr Pro
nouncement by Jury.
Guilty as found In the Indictment re
turned analnst the five mull robbers wni
the verdict of the Jury In the Overland
Limited mull robbery case lust night at
8:15 o'clock.
The Jury went out at 4:30 yesterday aft- ,
crnoon and after a short session adjourned
to dinner, returning to the Jury room at 1
O'clock and at 7:13 reached an unanlmouj
verdict of guilty as to tnch of tho de
fendants on all three counts of the Indict
ment. The penalty Is life Imprisonment.
The convicted men are D. W. Woods,
William Matthews, Lawrence J. oGlden,
Frank Grlgwaro and Fred Torgenson.
So early a verdict was hardly expected,
and excepting District Attorney Go, As
i. st a nt District Attorney Lane and Judge
T. C. Munger none of the other lawyers
was about the touildlng and had to be tele
phoned for.
Tho accused men were hurriedly sent for
nnd were brought Into court under a strong
guard of deputies and officers. The rumor
that the Jury had reached a verdict spread
rapidly and a fair-sized crowd began as
sembling when the prisoners reached the
building. The jurors then filed In and
were asked by Judso Mungcr if they had
reached a verdict. Foreman J. G. Rob
ertson replied In the affirmative and the
verdict was handed to Judge Muncer to
see If It were in proper form.
He then handed the verdlot to District
Clerk Hoyt, who read the verdict declaim
each of the men guilty of each count of
the Indictment. Judge Munger asked the
Jurors if this was their true and unani
mous verdict and they replied that It was.
JVew Trial Will He Asked.
Attorney MacFarland, on behalf of de
fendants Torgenson, Woods. Grlgware and
Golden, gave notice that he would file a
motion for a new trial. Mr. Fleharty, for
Matthews, made a similar announcement.
The court said thnt the government was.
anxious to finish up tho case and that ho
Would expect the attorneys for the con
vjcted men to file their motion aa early
a Kpractlcable, and gave them until this
morning at 9 o'clock t file the motion.
The convicted men took ths verdict ,
calmly, but on the face of each waa an
expression of bitter disappointment. Golden
remarked as he stood up to have the
handcuffs placed on him again: "Well they
Jobbed me sore enough."
While In the United States marshal's of
fice, before belnu returned to the Jail,
Woods observed, with a snarl: "Well, they
would have hanged us If they could."
Matthews. Torgenson and Grlgware had
nothing to1 say.
Grls-ware's brother, Edward Grlgware
from Spokane, was In the court room when
the verdict was returned, but Mr. Orlg
waro. the father of Frank, was not there.
Elaborate precautions to guard the pris
oners were taken. Fifty deputies crowded
thn corridors to prevent nny overt act
either on the part of the men of by friends
outside.
Idnho Officers Ready.
There was some little speculation as
to the probability of Matthews being found
guilty on all counts, but even had he es
caped conviction he would have been Im
mediately arrested by Sheriff Felix M.
Pugh of Spokane, aa a fugitive from Jus
tice, for fleeing under a J5.O0O bond for
cattle stealing. Sheriff Fugh had a bench
warrant ready to serve Immediately, should
Matthews have been released.
"Matthews and I are old acquaintances,"
said Sheriff Push. "We had a little shoot
ing scrape nineteen years ago In Washing
ton. I was after him and his pal, John
Miles. I hod the men cornered and we
began shooting. I shot Matthews through
the arm twice, and he got me once in the
leg. Miles was burled. Matthews got away.
I was after him for horse stealing. He Is
one of the most desperate men In the
west and we are gll to get rid of him.
He has already served one term In the
penitentiary for horse stealing, and Is a
bad man all through."
There Is but one penalty fixed for tbe
crime for which tbe bandits are Convicted
and that Is life Imprisonment.
In the event of the motion for a new
trial being overruled by Judge. Munger
this morning, the five men will be taken
to the federal prison at Iavenworth at
the earliest practicable moment.
Judge Munger finished his charge to the
Jury at 4:40 last evening and ths Jury re
tired at 4:50.
District Attorney Guss finished his clos
ing argument at S:R0, beginning his argu
ment at 1:50. It was intended to begin ths
final argument at 1:30, but J. M. Mncfar
land, attorney for four of the defendants,
misunderstood the hour for reassembling
after the noon recess, thinking It was 2
o'clock. The delay emitted Judge Munger
to censure the attorney.
Mr. Gofk' argument was In a large meas
ure a reply to the arguments of Mr. Fle
harty and Mr. Macfarland, and was di-
reeled principally at the outset to the de
fendant Matthews, whom he characterized
as one of the 'prlnclpaf malefactors In ths
robbery and equally guilty with the other
four. He reviewed the testimony In a gen
eral way and observed that the gist of
Mr. Macfarland's argument was "Poetry,
prayfr and linkerton." He stated that it
was not pleasant to prosecute men, but of
fended law must be vindicated.
"Little Thlnas" Count.
"The hiimir.d or more exhibits presented
by the government." said he, "point with
an accusing finger at IheFe five defend
ants, r.etur had It been for thts men
alien they bought th-lr tickets St Kansas
City for Oinahu to have bought them for
Leavenworth. It was the little things that
were the undoing of these men. A child
finding a Ftrap thnt he thought would
make a good strap for his dog is another
vindication of the axiom applied to the
t