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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 16, 1909)
Omaha Daily Bee 17 The WEATHER FORECAST. For Nebraska Fair, continued cold. For Iowa Fair and colder. For weather report oe Fane 3. THE OMAHA DEE ,:.i3. reliable newspaper that U ftdml(.td to each arid erery bom. VOL. XXXIX NO. 131. OMAHA, TUESDAY MORNING, NOVEMBER 16, 1009 TEN FAGES. SINGLE COPY TWO CENTS. ALL MEN IN COAL MINEARE DEAD Rescue Party at Work at Cherry, 111., NINETY DAYS FOR SHERIFF SHUT Tennessee Official Who Did Not Pre vent Lynching Sentenced to Contempt of Supreme Court. Haskell Case Must Be Tried, Court Decides NORMAL BOARD ACT HELD VOID Supreme Court Decides Act of Last Legislature to be Beyond Constitution. Abandons Hope of Finding Any Miners Alive. Demurrer to Second Indictment Against Oklahoma Governor and Associates Overruled. SHAFT IS AGAIN SEALED UE NEW BOARD MAY NOT SERVE f I FIVE OTHERS ARE IMPLICATED Two of Them Given Ninety Days Each and Three Sixty Days Each. FIRST CASE OF KIND ON RECORD Also First Instance Where Lynching , '"" i is Before Court. HISTORY OF THE INCIDENT Nesrro Who Waa Arntrarrd to Hat A ' lrd to Suprrni f'onrt and Wm Lynched Sheriff Winked at Mob. CHICKASAW. Okl., No 15. Federal ! Judge John A. Marshall of Utnh, todny overruled the demurrer filed by Governor Charles N. Hapkell and five, other prom inent Oklahomsns to Indictments charging them wit radulently (securing from the title to large number of town ogee, Okl. tuts were ordered to appear txt Saturday morning at Chic. Tlu m ulentl ment gee. cause So nts charged them with fraud lig titles from the govern vds ot town lots in Musko interi'St was aroused be m would determine whether jndarrts, who had fought W cases, should finally go WASHINGTON. Nov. i:,.-For the first time In- American history nix m. n are !n prison tonight for contempt of the supreme court of the United Stales. For the first time, , too, the federal government has placed men behind the bars as the out come of the lynching of a negio. At the United Slates jail in this city Captain Joseph F. Shlpp, former sheriff at Chattanooga, Tenn.; Jeremiah. Gibson, hla jailer, and Luther Williams, Nick NoUn, Henry Padgett'and William Mayts of the same city this afternoon begun to terve terms of Imprisonment Imposed a few hours before by the supreme court of the United States. , Shlpp and Gibson had been found guilty ..111.. . ,AA , . K T.-.l Inhn. V 1 U 1 i 1 , 1 OHJ. Oil. ...UK, Jt U ...... son, whose legal execution for assault hid been stayed by the supreme court until It could review the cane. Others had been found guilty ot participation in the lynch ing of a federal prisoner. Shlpp, Williams and Nolan were given sentences of ninety days' Imprisonment each, while Gibson, Padgett and Mayes each received sixty days. Chief Justice Fuller, who pronounced the sentence, designated the United States jail In the District of Columbia as the place of Imprisonment. Attorneys for the prisoners before the bar asked, on account of the difference In climate, that the fed eral prison at Atlanta, Ua., be substituted for the District jail. .To this Attorney General Wlckersham objected, saying that the Atlanta prison was for long-term prisoners and that the local jail was 'much more suited for the present purpose. The court took the request under ad visement and asked the marshal of the court to retain the prisoners In his cus tody for the time being, tody for the time being. Later the at torney for the accused men withdrew the request he had made for the. removal of prisoners to -Atlanta stRd .they . were takeit to Jail. Two Prisoners Old Men. Heading the Uttlo group of six men found guilty of contempt as they vook their places Wore the black-robed justices was Captain Joseph Joseph II. Shlpp, the sheriff in Chattanooga, Tenn., when he offended the court. His tall, straight figure, his seamed faoe and his gray-streaked beard told of Ms long service in the army of tt con federacy, linn Ma tfwn linear Vi I ? VAafa T.MmUh Gibson, the jailer, stood with him. With bedlmmed eyes he looked upon the long whl.s locks of the chief justice, himself 76 years of age, who would soon pronounce sentence upon him, perhaps send him to prison. He and Captain Shlpp had been found guilty of falling to protect a negro, falling to be Ranged on a charge of a heinous crime against a white woman, after the supreme court of the United States had stayed hla execution. Luther Williams, Kick ' Nolan, Henry Vl'adgett and William Mayes, residents of hattanooKa, found guilty of participation In the lynching of Ed Johnson, formed the rert of the group. Before them all sat the officials of tha Department of Justice. Around about them In the little court room tttorneys and other lawyers, iree rows of seats for spec- Opinion in Case is Written by Judg-a J. B. Barnes. JUDGE DEAN DOES NOT AGREE Question of Eligibility of T. J. Majors Not Passed Upon. ACT AMENDS LAWS NOT IN BILL or not W every to trial. . - The five co-defendants of Governor Has kell are: C. W. Turner, A. Z. English, W. It. Eaton, W. T. Hulchlns and F. H. Bevers. The six men were Indicted by the federal grand Jury at Tulsa on May 27 Inst after scores of witnesses had been summoned. The witnesses came from distant parts of the United States and a few from foreign countries. The defendants we're under Indictments on the same charge before, but Judge Mar shall quashed the first indictments on a technicality. The feleral grand Jury promptly returned new bills, rect fying the fault that had made the previous- Indict ments illegal. In arguing against the last set of Indictments the defendants alleged Irregularities in the Jury rooms and pleaded the statute of limitations. Special Assistant United States Attorney General S. It., Kush has received a tele- grum from Oklahoma City, saying: Demurrers to all the Indictments In the Haskell cases were overruled this morning by Judgf Marshall. The defendants am given until i-aturuay morning to plead to the Indictments. Two Separate and Distinct Acta Pnased at Different Seaalons Cannot be Amended la This War. Two Dead and Third Dying in Farm Tragedy Tramp Attacks Farmer and Wife, Kills Latter and is Himself Killed. VERMILION, S. D., Nor. 15 (Special Telegram.) Two lives were lost In a farm house tragedy In Riverside township early this mornUiK and a third victim of the tragedy will die, A tramp farm- laborer at tacked "Albert Nelson, iiJ wife with a razor while they slept. Ho killed Mrs. Nelson and was in turn killed by the hus band. The latter received Buch serious wounds that he, too, will die. Robbery was the motive, as the hired man had only come to the home Saturday night. The tragedy occurved at 1 o'clock In the morning. According to Nelson the hired man came to the farm Saturday night. He Intended to husk corn this week. This morning Neison and his wife were aroused by some one in their bedroom. Before they had time to move the hired man began slashing at them with a razor. He suc ceeded in killing Mrs. Nelson, but before Nelson went down he succeeded in landing a fatal blow on the tramp laborer. Infor mation is very meager, as Nelson cannot talk much. ?era their at 1 While the thr taiors were crowded. Only One Similar C The proceedings were practically without precedent. In IS75 John Chiles, a business man of Texas, was brought before the court for lomempt In connection with deal- Law Held Valid, Except in States Employers' Liability Act Declared Good by Court in the Territories. WASHINGTON. Nov. 15.-The employers liability law of IMo was today declared to be constitutional In territories of the United States and the District of Columbia by the supreme court ot the United States Inss in Texas Indemnity bonds, contrary I despite the fact that more than a year ago to in order of the supreme court. He was fined SM. But that Instance lacked the lmtrett of the cane today. In it were lnvulvtd no raca question, ntr lynching, no Interference with state jurisdiction, only the majesty of the law as Interpreted by the hightst court of the land. The case today originated n the court's decision In March, lituB, to consider the appeal of Johnson, from a verdict of the Tennessee courts holding him guilty and sentencing him to lie hanged on a charge of assault. The night after the determina tion of the supreme court to review the proceedings was wired to Chattanooga, a mob stormed the Jail, took the prisoner out and lynched htm. The court was much Incensed by the lynching and at Its Instance the attorney general Instituted proceedings against Sheriff Shlpp. Jailer Gibson and twenty five others supposed to have been impll cattd In the lynching, charging Uiem with contempt. Many of the accused were exon erated and tu the end only six were found guilty. x . The finding of the court was announced in May. Just before the close of the last term ot court, but all the defendants en tered motions of rehearing, which had the until this fait i as denied ftnd the six men were ordered before the court tor sentence today. .No Effort to Save Nevro. In Investigating the case the supreme cvuit found that Johnson was removed from Chattanooga to Nashville before his Iriut because of fear that he would be lynched, lie was brought back for the legal exicution. When the supreme court Ftayed tr.s execution, the court has held. IWiipp luadd in effort and gave no orders to nine th deputies or oluers guaid the Jat . but Wt the r.lght Jailer there alone. I a v. l.iij null prisoner was itmoMu .lorn l'..e up;-r floor of the Jail, o .iy o. neuii ai d u white woman i...r. 4io cou.i poinifd out that .... iu.il n ud bun removed In ih U. a. i-t lilt t..ile of tim f'.rst attempt to I . . i ;i J j. ii, so,:, which had been frus UUu Lj e..e iciuoval of tue negro. (.u iu.it iu liivlm.i Shlpp gum com it V' " publuihed Interview alleged thle law was declared to be .unconstitu tional when applied to the states. The question aroso In a suit for damages for the death of an employe named Gult eres on the El Paso &. Northeastern rail road In New Mexico. THREE HUSBANDS AT ONCE CHARGE AGAINST GIRL Mrs. Goldle Martin Indicted at Dea - Moines, but Pleads Not . Guilty. DE3 MOINES. Ia., Nov. 15. Mrs. Goldle Martin, aped 22 years, was arrested and arraigned today on an Indictment which alleges that she has thrne husbands. They are alleged In the indictment to be Edward Martin of Boone. Ralph Freeland. Des Moines and Edward Doten of lutaa, la. The young woman pleaded not guilty and gave bonds of $1,000, securing her temporary release. (From a Staff Correspondent.) LINCOLN, Nov. 15. (Specail.) The law enacted by the late legislature creating a new normal board and abolishing the old normal board has been declared uncon stitutional by the supreme court. The decision was written by Judge John B. Barnea, Judge Rose concurring In a separate opinion; Judges Letton, Fawcett and Rdot concurring, but not writing an opinion. Chief Justice Reese concurred In part and dissented In part. Judge Dean dissented. As the new normal boar was declared unconstitutional, the court did not pass upon the eligibility of Thomas J. Majors, a member or the new board, who was ap pointed by Governor Shallenberger while still a member of the legislature which cieated the new board. The syllabus follows: "The title to chapter 78 of the laws of 1SS1, establishing a system of public instruc tion for the state of Nebraska, Is broad enough to cover any and all necessary pro- j visions relating to that subject, and what ever might have been originally made a part of that law, may, at any time, be en grafted upon It by legislation professing to be amendatory if germane to the section or sections amended. "The provisions of the amendatory act of 1D09 relating to the qualification, and the manner of appointing the members of the normal Board of Education are germane to the subject of section I, as contained In the act of lf81, establishing a system of public Instruction, and are properly made a part thereof by amend ment. I "H. R. JS6 of the laws of 1009, violates the provisions of section 11 of article 3 of the constitution In that, It amends by Im plication, section 21 subdivision 13 of chapted 79 compiled statutes 1KI7, and does not contain , the sections as amended or purport to repeal the same. "Two separate and, distinct acts adapted at different sessions of the legislature can not bo amended by an act which purports to amend only one of them." The opinion says: "The amendatory act contains an attempt to amend and repeal the governing statute of the eKarney Nor mal school by amendment of an Inde pendent etatuto relating to the State Nor nml school at Peru and for that reason contravenes the constitutional provision that 'no law shall be amended unless the new act contains the section or sections so amended and the section or sections so amended shall be repealed." ' It was suggested In consultation that the point last above n ntioned was not presented on tho argument or In the brief of the relator, and therefore should not be considered. The answer to the sug gestion Is that this Is an action on behalf of the state brought by the attorney gen eral to test and determine the question cf the validity of the statute in order to further the educational Interests of the ttate, and If for any reason we are con vinced that the statute la unconstitutional we ought to so determine; for If the courts can, under such a pretext, nullify the con stitution we will soon find ourselves openly defying the provisions of the funda mental law which we have solemnly sworn to uphold." Chief Justice Reese says the act Is ef fective insofar as it relates to the Peru Normal school, but not to the school at Kearney. Judge Reese Bays: "There teems to have been no effort made to reach that Institution or In any way to niulcst It, and, therefore. It will be man ag d, controlled and governed as hereto fore. This state of things, if true, is to bs deplored, but we must accept the law and the constitution as we find thein." Judge Dean In a dissenting opinion ex presses the view the new act does iot con travene section 11, article 111, of the consti tution. "The purpose, the Intent and Fpirit of the fundamental law la fulfilled wen the subject of the section sought to be re pealed is fairly and clearly Identified and referred to by the language of the amenda tory act, even though the section number may be omitted. The constitution Is not to be construed so as to destroy legislation that is not tlearly lnhllbted by Its lan guage. A great peril lies in the direction of a Judicial annullment of the legislative will that Is not clearly and beyond ques tion warranted by reasonable Interpreta tion of that instrument. It has been well Em:. ' iu Fire Breaks Out Soon After the Cae is Lowered. LITTLE PROGRESS 13 MADE Party Forced to Retreat After Pene trating: One Vein 150 Feet. NO BODIES ARE RECOVERED . let 4 From the Cleveland Plain Dealer. The sunny south seems to protest DEMOCRATS WIN OVER BRYAN Lincoln Leaders Boast He Will Come to Taw on Platform. EDGAR H0WASD SOUNDS KEYNOTE Hope to Stand by Present Laws for Regulation of Liquor Snlea Leader In Pecnllar Fix. (From a Staff Correspondent.) LINCOLN, Nov. . 16. (Special.) Demo crats here boast that Mr. Bryan has been whipped Into line. The (reciuent confer ences ho held last week, winding up with a talk with Arthur Mullen Saturday, ended In his utter rout rather than the rout of the democratic lesser lights. In other words Mr. Bryan will permit the democra.s of the state to write a platform which does not contain a county option plank. Edgar Howard in his Columbus Tele gram this last week verifies the story pub lished In The Bee of the recent Bryan-Dahlman-Howard conference, including his desired platform, which be seta out as fol lows: . Ft rat A declaration In imbr-of the prin ciple of all our present- Nebraska liquor laws, end In favor of, their rigid enforce menu Second A specific- and hearty endorse ment of the daylight saloon law, and ot the action of Governor Shallenberger In approving that law. "Third In favor of a law which will pro vide a prison sentence for second convic tion on charge of selling' or giving Intoxi cating liquors to minors, no matter whe her the seller or the giver be a saloon ke per or not. "Fourth A declaration In favor of action by the national congress to forbid the lasue of federal liquor permits In any town, county or state where the people have voted against the liquor traffic." There Is Information at hand to show that Mr. Bryan knew what Edgar Howard Intended to publish last week end there Is j also Information at hand to show that Mr. Bryan endorsed that platform. Consequently If Mr. Bryan runs for the senate he will run on a democratic plat form which does not endor.se county option, though he himself may make a declaration favoring it, even though he holds that a platform Is binding on what It oniUs as well as what It says. Warriner Case , Before a Jury at Cincinnati Mrs. Jeanette Stewart Promises to Go Before Inquisitors "and Impli- cate Chicago Man. 6ELLEW ON STAND TODAY Ktplorer Find Jtelthrr Mvlna; Not Dead Over Thousand Orphans and Two llnndred Widows Need Relief. Missouri Banker to be First Witness Against Dobbins. PRISONER'S WIFE IS IN COURT CINCINNATI. O., Nov. 15 At a spe cially convened session of the grand Jury of Hamilton county investigation was be gun today of the alleged shortage of Charles L. Warriner, deposed local treas urer of the Big Four railroad. On the convening of the grand Jury to day Prosecutor Hunt read before that body a transcript of the proceedings before Justice Muller 'In which ''Warriner was given a chance to plead, but Instead waived examination and waa admitted to ball in the sum, of $20,000. Attorney A. W. Goldsmith, law partner of Governor Harmon and one of the local counsel for the Big Four, and several of ficials from the accounting and financial departments of the Big Four were among the witnesses who were expected to be heard during the day. It was announced that Mrs. Jeannatt Stewart, or Mrs. Ford,, as. she Is also known, would be summoned to appear as a witness before the grand Jury, probably tomorrow. Mrs. Stewart, who was men tioned by Warriner as' one of those to whom he claimed to have paid blackmail has strenuously denied that she ever re ceived any money from Warriner and an nounced last week that she would appear before the grand Jury on her own motion If a summons was not Issued for her. Denying that she ever received a cent of money from Warriner, she has hinted at sensational' disclosures in connection with the case. Intimating she could give damag ing evidence which would Involve a prominent man of Chicago, formerly In the employment of the Big Four railroad. Jury to Try Aliened Maybray gteerer ia Made I p Almost Solidly of ' Fsrnifn Dig Bunch of Witnesses. The contentlrii that John R. Dobbins was himself a victim of the machinations of Lha Mabiay gang of swindlers Is under stood to be an Important reature of his de fense against a charge of larceny com mitted as a ' "steerer" In a horse race swindle. The trial began yesterday In district cJfurt at Council Bluffs. It has been Intimated that his attorneys will attempt to show that Dobbins was himself a "Mike" In the operation of a typical Mabiay race which resulted In the loss of S30.000 by T. W. Bellew, a banker from Princeton, Mo. This race, which was hi Id in a field hear Council Bluffs on Oc tober 13, 1903, forms the basis of the pros ecution of Dobbins now In progress. ClIEnnY, 111., Nov. U. The 300 or mor miners who were entombed In the Pt. Pnu' coal mine by last Saturday's disaster an dead. Rome of the bodies lie burled be. neath thousands of tons of earth, whirl, have caved In upon them, and It Is doubt ful If many of the bodies can ever be re covered. This was the opinion tonight when attempts at rescue work, carried on night and day for forty-eight hours, wi temporarily abandoned. Fires In the mln mnde further descents of rescuers Impos sible. Efforts to carry fresh air and life to tho Imprisoned men rerved only to enliven some pparks which sprang Into a flame. Soon the heat and Rmoke became so dense that It was again necessary to seal up the mouth of tho hoisting shaft, and to night the men down there, whatever their condition, are locked' In as effectually as In a dungeon. Whether the bodies will be taken out tomorrow or not for several days will do pend upon tho condition of the Internal fire.1 It Is possible that steam and chem icals producing a carbonic acid gas will be forced through pipes to the bottom of the mine tomorrow. These will have a tendency to choke out the flames. Three Hundred Coffins. It was learned that 800 coffins have been ordered, half of tnem to. arrive tomorrow and half the following day. Meanwhile the several score of nurses who have been rushed here look forward to no prospect of heroic work in reviving Injured and half suffocated men, It Is confidently be lieved there will bs no one brought out of the mine who will be within the power of the nurses' reHtiscltntlon. Hope swung frequently In the balance today. Before the fire broke out again rescuers descended four times. Then the rumor circulated quickly through the crowds that the men below ground had been reached and that the reason they The first testimony against Dobbins will be taken today before- a Jury,, which was , were not brought up Immediately -was that secured yesterday after a tedious court sen- they were exhausted by lack -of food' and SHAFT TO NORTHERN TROOPS Monument to Mnssarhnsetts Soldiers I'nvrlled at Datou Rouge, Lonlslana. BATON ROUGE, La., Nov. 15. With sim ple but Impressive ceremonies, trie monu ment erected In memory of the Massachu setts soldiers will were burled here during the war between the state was, unveil id today. The ceremonies began with a military and civic parade to the National ceme tery, where the visitors were welcomed to the state by Governor Sanders and the hospitality of the city extended by Mayor Bynaman. General C. 11. Taylor formally presented the shaft to the state of Massa-. chusetts. Governor Draper of Massachu setts made an address of acceptance, and In turn presented the monument to the fed eral government, General King of the Na tional cemetery accepted on behalf of the I'nlted States government. Gompers' Plea for a Stay is Denied by Court Notice of Appeal Must Be Filed by Friday Night or Mandate Will Be Filed. WASHINGTON, Nov. IB. The court of appeals of the District of Columbia to day denied an application made by coun sel for Samuel Gompers, John Mitchell ana Frank Morrison, of the American Federa tion of Labor, sentenced to Jail for con tempt, for a stay In the issuance of the mandate to the supreme court of the Dis trict of Columbia, until January 2, 1110. Unless notice of an appeal Is given before next Friday night, the mandate will be handed down Saturday. COURT CUTS RECEIVERS' FEE Stickney and Smith Get Only Half of Claim in Great Western Case. (Continued on Second Page.) 1 4 effect of postponing action uti On November I rehearing wai Taft Proclaims Day of Thanksgiving and Worship WASHINGTON, Nov. 15. Thursday, No- cheerful and resolute people to all the re- 1. IC on tin ui J on ootid Pusc ) vember 25, was today officially proclaimed by President Taft as Thanksgiving day, as follows: "By the President of the United States of America A proclamation: The stasan of the year has come when. In accordance with the custom established by our fore fathers, the people of the United States are wont to meet In their usual places of wor ship on a djy of thanksgiving appo'.ited by the civil magistrate to return thanks to God for the great inercks and benefits whit h they have enjoyed. "During the Ut year we have been highly lilesM-J. No grtat calamities, or flood or tempest or epidemic sickness have befalWn us. We have lived in uuletnesa, utidittui binl by wars or rumors ot wars, l'tace and the plenty of bounteous crop aud of great Industrial pmJucilun animals a newed energies of beneflclent Industry and material and moral progress. It Is alto gether fitting that we should humbly and fcraufully acknowledge the divine source of these bleasings. "Therefore, I hereby appoint Thursday, the 26th day of November, as the day of general thanksgiving and I call upon all people on that day to lay aside their usual vocations, to repair to their churches and unite in appropriate services of praise and thanks to Almighty God. "In witness whereof I have hereunto set mv band and caused the seal of the United States to bs affixed. "Done at the city of Washington, this, the 15th day of November In the year of Our Lord, ous thousand nine hundred and nine, and of the Independenos of the United Mates, ths oue hundred and thirty-fourth. "WILLIAM H. TAFT." REFORM SCHOOL FOR BANDIT Willie McKay, Ilulloek'a Companion, Saved from Petltentlary by Youth, LAWRENCE, Kan., Nov. 15. Willie Mc Kay, the 15-year-old Jacksonville, Fla., boy who with Earl Bullock robbed the State bank at Kudora last Friday, was arraigned in the Juvenile court here this afiernoon on a complaint charging him with robbery. It is thought that McKay will be Bent to the leform school, his youth serving him fiom a penitentiary sentence. No letter from Mrs. William McKay, the youth's mother, had be n received up to this afternoon. Mrs. McKay telegraphed the Lawrenca officials Saturday to hold her son until a letter written by her that day reached them. ST. PAUL. Nov. 15,-Judge W. H. San born today filed an order allowing A. B. S lckney and Charles II. F. Smith, as re ceivers of the Chicago Great Western rail road, approximately, one-half of the amount they expected as compensation for thtrlr work. They asked for ;,0,0u0 a year. H. B. Burt, who succeeded Mr. Stickney as receiver, will get 140,000, but not by the c urt's order, as ha waa engaged by spe cial contract with the London committee which la managing the reorganisation of the road. TRACTION SALE MUST, STAND Ispreuit Cosrt Hefaaes to Interfere In I'orecliMsre of Mort(i(t on Metropolitan. WAsm.NuiuK, Nov. to rue supreme court of the United States today refused to review the decree of the lower courts ordering the foreclosure of the mortgage of the Guarantee Trust company on portion of the property ot the Metropolitan Street Railway company of New York City. sion .occupying the entire day The mem bers of the jury which will try the case sun: 3. H. Dau, farmer; Phil Bints, farmer; Henry Hastings, S. H. Filbert, K. W. Wllkey, farmer; S. A. Larned, A. II. Fltcher, farmer; Casper Blumer, retired ' fjrtiiAr! .lniin f'hurnhltl. rAtirori rn nl t n ltnt I Maurice Hough, farmer; E. C. Bostwlck, farmer; Matt Shea, farmer. When at 5:30 o'clock tho empaneling of the Jury was completed Judge W. R. Green deli vt red the formal charge and turned the twelve men over f Captain L. B. Cousins, bailiff, with Instructions to keep them constantly under his care. The Jury men are lodged at the Kiel hotel and will not be separated until the conclusion of the case. - The First Witness. T. W. Bellew will probably be the first, as he Is the principal to be examined by the ttate. He arrived from Princeton early and is not missing a word of the trial. He Is1 known as a financier In his community and is said to be worth about I ,0.0,1.00. Through Bellew's efforts about ten wit nesses from the vicinity of Princeton will be piesent to testify. Among these men vlll be O. Hurt Is, a banker from Harris, Mo., who came near to being the stake holder In a Mabiay game, but with rare d at-re lion withdrew before he became en tangled. T. B. Mlnter, ex-sheriff ai rrlnceton, will be a witness at the so lic.tation of Mr. Bellow. The testimony of this group of witnesses will be largely for the purpose of corroborating that of bellew. They will, it Is understood, testify that they wera approached by Dob bins. Both Mr. Dobbins and hla wife are na tives of the Princeton community and had been known for many years to Bellew. Among the witnesses who arrived yes terday were: W. 11. Bedford, a member of the "Mike" fraternity from Blockow, Mo., who lost 15,000; C. A. Nelson of Alma, I Mich., another victim, and Sam Craig, a Rock Island conductor from Kansas City. Craig's run takes him through Princeton and he is expected by the state to be able to tell something of the movements of Dobbins, with whom It la said he was well acquainted. ' Mrs. Dohblus In Court. Mrs. Dobbins was the only woman In the court room. Paying closest attention to the movement of the case, she sits to the left of her husband at tho lawyer's table. She Is small, semi-blonde and rather giod j looking In hef sad expression. Dobbins, a (Continued on Second Page.) Kansas is-Under Water, Train Service is Delayed TOPEKA, Kan., Nov. 15. The Kansas- Persons on the low lands near Torwka river, which rose suddenly Sunday, causing much tpprehenslon, began to fall tpday. Little or no damage was caused here owing to dikes, but west of Topeka the water overflowed the low lands, causing some loss to growing wheat and corn In th shock. At Belvue; where Vermillion creek left its banks, flooding the bottoms and driving a few of the more timid to the hills, the water also receded today. The Union Pacific trains from Manhattan to Topeka were run early today over the Rock Island tracks, btcause the water cov ered the rails In the vicinity of Wamego, making the passage of trains dangerous. The officials of the Union Paciflo say that trains will be resumed on ths main line late today smoke. "They're alive," they're alive!" cried hopeful mothers and wives. 'They'll be brought up pretty soon." But the truth was far different. The rescuers did on one occasion go down 300 feot to the bottom of tho hoisting shaft. Then grouping their way about by the light of electric lamps and kept alive by oxygen stored In their helmets they penetrated 150 feet to tho bottom gallery. But none of tho men, dead or alive wers found." "Hey, are you there?" cried the rescuers cheerily, but nothing came In response. Fire Breaks Out Aaln. It was conjectured the miners had frawied for safety into the recesses re motest from the fire, but to these parts the rescuers were unable to go without reascendlng. Before they could again descend, the fire had , broken out. Gradually the crowd about the mouth of the shaft began to thin as hope seemed to wane. The spectacle about the mouth of the wrecked mine at dusk was pathetic. A tall skeleton framework of Iron rods reach ing sky wai d, nunouiulod by a group of low buildings, which a few dayB ago had been the scene of Industry, suggested by their desolation that hope had been abandoned. Only a half dozen guards patrolled the premises. In the distance scattered over the field here and there, a few women wrupped In shawls gazd on In silence. As a result of the disaster there tire In this town of only a few thousand at least 1.000 orphans and 2U0 widows. Some .tmllles of one widow and as many as seven or eight children will be dependent on charily. These are the figures of Duncan Mc- l Donald of Springfield, 111., president of district No. 12. I'nlted Mine Workers, who Instituted a roll call of the families of the entombed miners. Mr. McDonald early abandoned hop that any miners would bs brought up alive. KnrliiiB; Still llopefal. President Karllng of the Chicago, Mil waukee & St. Paul railroad declined to commit himself as to the fate of ths men. "The men are Just as safe now as they were yesterday at this time," he said. "The mine Is too big and has too many ramlflca tlons to be filled with smoke yot. Besides, the smoke Is not being carried downward by any air currents. If the men were alive yesterday, every man may be alive now." Mr. Earllng caused a house-to-house can vass to be made. This showed 2i6 miners missing, but some of the families were not at home, and it is believed that when a complete liat Is obtained the number of entombed miners will exceed DUO. Seal of Shaft Ilrukea. The morning dawned hopefully. At an early hour the main shaft, which had been sealed slnco Saturday, was opened and a determined effort begun by the experts and volunteers to release the living miners or to take the bodies from the wreckage. Before 9 o'clock the crowd assenfljled around the roped enclosure surrounding the mine buildings and the workmen broke the seal of the shaft. Thero was little smoke In the shaft and this gave hope that the fire had been sniotlKiid out and that they would at least bo enabled to enter the mlna. A. R. Newhum, president cf the Sta e who had become panic-stricken, following the sudden rise of the Kansas river, have returned to their homes. ATCHISON, Kan., Nov. 15. Heavy rains between Effingham and Blue Rapids have completely annulled through service on the Central branch of the Missouri Pacific railroad. The railroad bridge over Ver- Mining board, confined with Mine Exa.n million creek near Vllets went out and tho railroad tracks have been washed out In many places. Larly today there were four feet of water In the d'-pot at Frankfort, Kan., and tli-re was water In the streets of Vllets and Vei million. Service on the 'Central branch will not be resumed before Tuesday. The tracks of the Crete branch of the Missouri Pacific In Nebraska were dam aged by the overflow of the Nemaha river. Iner James Taj lor. It. Y. WlilUms tnd others, who reporlfd In their oxgen lul inets, etc , ready to descend. Just as the signal was given the au thorities swore In an extra force of deputy sheriffs. They believed that wi hln a few hours would begin the recovery of the dead. They fi.lt the grewsume sight would arouse the feelings of the surviv.ng rela tives and that great dlffi'-ulty wou'd Is encountered In preventing disorder. To prevent'thls a laigs fores of office:
