Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 18, 1909, Image 1
The Omaha 'Daily Bee THE OMAIIA DEE WEATHER FORECAST. For Nebraska Fair, For Iowa Fair, For wenthor report lire, pK 2. I the moat powerful business 'A i Better In the west, because; It goei p ' to the hornet of poor and rich. I . VOI XXXIX-NO. l.3. OMAHA, THURSDAY 'MORNING NOVEMBER 18, 1909 TEN PAGES. SINGLE COPY TWO CENTS. MINE REFUSES TO YIELD DEAD Bodiei of Victimi of Saturday'! Disaster at Cherry, 111., Still Entombed. More Arrests Looked For in Warriner Case UNIFORM RULES FOR DEMURRAGE National Association of State Railway Commissioners Adopts Code for All Shipments. DOBMNS UNDER LAWYER'S LASH Direct Accusations Are Heaped Upon Shoulders of Alleged Operator in the Mabray Ganj. Mrs. Stewart is Released on Bond, but Warriner is Still in Jail. INTERIOR IS STILL BURNING FORTY-EIGHT HOURS FREE TIME it t fM.vr'v'aV,'.iHf 3 Y 1 Five Hours' Conference of Experts Decides Against Breaking Seal. STATE TROOPS ARE ON GUARD Fear that Attempt May Be Made ' Wreck Slecuin? Cars. t ATTTAT U v' SHERIFF QUIETS Ilrlllak Miner Maters Speech C rowd, Telling Thrm Mrn Below Were M ordered by IJiina ' Una; of Giprrti. C1KRKT, III., Nov! 17 After rlalming them for four days the Ht. Paul coal mine, In which are still entombed the bodies of a0 or more miners, as a result of last Saturday's disaster, today refused to yield up Its dead. tTtter failure to devlso any satisfactory method of recovering the bodies attended the work of rescuers. Tonight the Interior of the mine was burning almost as fiercely as ever, the lift ing of the seal over the mouth of the hoisting shaft Indicating by frequent puffs of smoke, the presence of the flames. While the two companies of state troops sent here to prevent possible disorder re mained all day Idle In their cars, except for guard duty about the mine and sleep ing cars at night, an Important conference was held. At this conference, which lasted five hours, there were present federal, state and local mining experts. The meeting was called In response to a feeling that efforts should be 'made to penetrate the mine and bring up the bodies at all haz ards. But at its conclusion It was decided that no Immediate descent could be made Into the gas and heat-filled caverns with out risk of killing the rescuers. "We met nothing but obstacles In our efforts," declared State Mine Inspector Thomas Hudson. "The situation Is most Distressing." I Rxperts at Conference. The conference was attended by Presi dent Earllng of the railroad; Oeorge S. Rice of rittsburg, of the United States geo logical survey; J. W. Paul, In charge of the government rescue work; Illinois State Mine Inspectors W. W. Little and Thomas W. Little, . Indiana Mine Inspector James Apperson; Ohio Inspector Oeorge Harrison; Apperson, Ohio Inspector George Harrison, of the State Mine Inspecting Commission and others. Various schemes were proposed. Among them was one to open up an air shaft, distant from the hoisting shaft, which hitherto has been Worked, and by means of a glrrantie, fan. rohea A false air cur-j rent which would carry the gas and heat way from the shaft down which It was intended to send the rescuer. Some of thoee who opposed this declared the entire project for reeoue would have to be Indefinitely postponed. They as serted that the Internal fires were Intense, that It would be useless to risk more lives and that In fact 'the mine would have to be sealed up for weeks and perhaps for months before the mine could be cooled off. Scores of women continued to linger about the ground, So great has been the anguish and mental strain during the last four days It Is feared many women are on the verge of Insanity. One woman, who dioiared she had had dreams and vi.ns of her husband and brother still living In the mine, shrieked plteously, Implored them to c. m the shaft and then fell In a sense less heap In the sand. Temperature of Mine Takes. f Determined to show the people that fcverythlng possible was being done the authorities threw open the mine company's grounds and allowed crowds to gather near the ahaft. Details of what was being done were publicly announced. As Mining Engl- fieer Rice lowered a thermometer through j ' 1" the lid of the shaft to test the degree of heat another stepped forward and announced through a megaphone, "Ona hundred and fourteen degrees near the top " Mr. Rice rapidly lowered the thermome ter the full 300 feet depth of the shaft and a few moments later the voice rang out y through the megophone, "107 degrees at the bottom." "Why," cried a chorus of voices, "that's good. thy can do down in that. We can land Hi degrees In the sun. aurely they'll go down In that." Men and women gaxed on intently with hopeful looks, some of them cherishing faint hopes that if a descent was made at once their burled comrades might still by some chanre of fortune be found alive. But this burst of confidence was soon destroyed. Ilooe A as In Deferred. It was explained that owing to the gae In the mine, oxygen helmets would have to be worn by the rescuers and that a much lower degree of temperature than that In ordinary conditions was necessary for those who wore helmets. Moreover. It was said if the seal was opened the fresh air rush ing in would fan the fire and before the rescuers would be alte.to get down the flames might be leaping high. Disappointment was evident in every face. "If Hie fires continue., will the bodies ever be recovered?" was asked ou all sides, when It became knowa that a plan to seal up the mine for weuks or months had been ( talked of. ' 'if, "We have gone over every detail of the ituatlon," said Commissioner Traer of the . Investigating board. "We have pondered over the map of the mine we have heard the opinion and advice of every one who Is familiar wtth the mine. Our only thought Is to get out tie bodies If it is within hu man power. That's all we can look for ward to." Troops Uuara Meeplaa; tare. The order for the troops to guard the string of sleepers and the private car of President Earllng was given by Sheriff Skt-glung after repeated rumors that plot ters would blow up the train had served to frighten many of the occupants of the train. Later In the fsy It became known thut another ce.mt.any of militia Is bring held In teserve at Monmouth for any emerg ency. "I want to assure all who have any fr for tbeir safety that they will be pro- ICVntluued on Second Fage CINCINNATI. O.. Nov. 17.-Charles L. Warriner, deponed treasurer of the Big Four railroad, accused of embexillng $643,- 1000, continued a prisoner In the Himllton I county Jail this morning, efforti of hi I attorneys to obtain ball for him In the ' sum of $20,000 having no far failed. Mrs. Jeanne Stewart-Ford, whose arrest a charae of havlns received II 0 of the of the alleged stealings of Warriner, ner "berty this morning, after ' Pnt the night In a' cell In tha 1 department of flie Jail. 4,, ewart-Ford's bond Wii signed to i? security bonding company and m once io ner aparimemii ai nd Hace streets. r .Tresis are In prospect In con- nec -.u the Warriner case is generally belio but Prosecutor Hunt, who Is handling the case, refuses to discuss the probabilities along that line. Warriner late yesterday entered a for mal plea of not guilty to the two counts of embeislement and grand larceny In the Indictment. Civil Rights Not Involved in Gift of Cup of Cotfcc Iowa Supreme Court Decides Agrainst Colored Woman Who Protested m Against Refusal. (From a Stalf Correspondent.) DES MOINES, Nov. 17.-(Speclal Tele gramsThe Iowa supreme court today up held the decision of a local court refusing to apply the civil rights law of the state to a case wherein a colored woman was refused a free cup of coffe at a pure food show two years ago. The court held that this was a private transaction and In no sense a public show or entertainment, and that at most, the humiliation was social in Its character. Two of the Judges filed a dissenting opinion taking the opposite view of the matter and Insisting the law should be construed broadly.' The National Grange In session today passed on the controversy over the pro posed repeal of the oleomargarine tax law. The legislative committee was Instructed to fight any attempt to repeal the 10 cents tax on oleo and to Insist on having this tax retained without change. The at titude of the grange Is almost unanimous. It la expected the state dairy association In session thts week In Cedar Rapids will take similar action. G o u r t Lc it lie n t : -with McKay Boy Bandit May Be Returned to ' Jacksonville to Juvenile Court. LAWRENCE, Kan., Nov. 17. Willlo McKay, the 15-year-old Jacksonville, Fla., bandit, was arraigned before Judge Means of the Juvenile court here. today, chargnl with robbing the Eudora State bank In crnpany with Bullock. Young McKay repeated to the court the corfesslon he made following his arroct, to which he- added the declaration that Bullock had threatened to kill him If he deserted. "I would rather have been killed myself than to have killed someone else," said the youthful prisoner. Fred Starr, the bank cashier whom 'Bul lock rhot In the Jaw, appealed to the court for leniency for McKay, who, htarr said, was too scared to have shot when he (Starr) entered the bank, and he added. It was his opinion thit Bullock had not really Intended to shoot him. Judge Means finally continued the In vestigation Indefinitely, until he oould hear whether or not Jacksonville has a Juvenile court. If the Florida city has such an Institution the court Intimated that he would turn McKay over to It. In the meantime McKay was returned to the local Jail, where he became a trusty. CHARLES M. RIGG DROPS DEAD IN WEST Beatrice Mas, Well Known In State and Former Politician, Dies Suddenly, BEATRICE, Neb., Nov. 17. (Special Tele gram.) Word was received here today that Charles Rigg, a former Beatrice resident, had dropped dead at Julesburg, Colo. Mr. Rl-g served as postmaster In this city dur ing Harrison's administration and for years took an active part In politics in Gage ccunty. He was employed as traveling auditor for the Beatrice Creamery com pany at the time of his death and lived in Lincoln. He was about 56 years of age and leaves two children,1 a ton and daughter. The body will be Interred here. Beer Kegs and Are Sold The former peddler was discoursing fa miliarly with a bunch of his cronies In a certain office In the court house. He is fairly well fixed In this world's goods now, 'but there was a time when things were breaking pretty rocky," he admits. "My partner and myself pulled oft one trick la this town I have been sorry for ever since. We needed money, but the spirit of devilment lusptred us even more. I believe; and I never meet a man who Is cow a oily official without thinking what a long chance we took. 'It wasj a good many years ago, about this season of the year. The weather was pretty stiff, and along toward evening we found ourselves with half a bushel of apples In the wagon that we apparently couldn't get rid of. We went to a saloon and bought a can of beer la order to get two annus for a nickel. We drank It In the back yard of the place. While there we New England Officials Contend for Ninety-Six-Hour Limit. SHIPPERS GIVE THEIR VIEWS Traffic Bureau of St. Louis Suggests Certain Changes in Law. WANT RIGHT OF ROUTING Commission Should Alao Be Given Power to Temporarily En Jo-iu Proponed Inereaaea la Freight Rates. WASHINGTON, Nov. 17. Despite opposi tion to the forty-eight-hour free time rule the National Association of Railway Com missioners In convention here today adopted o uniform code of demurrage rules to be app'lcable alike to state and interstate transportation. This code waa Incorpor ated In a report of a committee headed by Commissioner Lane of the Interstate Com merce commission. Instead of allowing only forty-eight hours free time for loading or unloading cart, with all commodities, as recommended by the majority of the special committee, three minority members reported In favor of seventy-two hours on cars containing more than 66.000 pounds. Sien England and Florida Object. W. P. Hall, chairman of the Massa chusetts commission, said that the custom In the six New England states was to allow nlntty-slx hours free time and he asked that the association go slow In recommend ing forty-eight hours trly. To this Com missioner Lane said that while Mr. Hall had been a member of the commltto3 which drafted the report he had never at tended a meeting. R. H. F.urr of Florida contended the states should be left to fix the length of free time without Interfere! ce. v One of the most determined advocates of '.Imitation to forty-eight hours was C. F. Staples of Minnesota. "I have often wondered why our farm ers could not get cars In which to ship their grain," raid he. "I now have found out that It was because you fellows In New England and In Florida were keeping them ninety-six hours for unloading." In supporting a reciprocal demurrage amendment Chairman R. R. Prentiss- of the Virginia commission said that the big shipper could get cars an account of . the volume of his bualness, but it was the little shipper that needed protection. On the other. hand. H. D.' Loveland of California stated that the people of , his state were ready to repeal their reciprocal demurrage 'law, although lt' "had" bech in operation only eight months. In spite of all arguments, however, the report of the committee, Including the code, waa adopted by a vote of 35 to 15. Suggestions from Shippers. The shippers' point of view of transpor tation problems was laid before the con vention at Its session today. This task had been assigned to J. C. Lincoln of the traffic bureau of the Merchants ex change of St. Louis, who addressed the convention. Here are some of the amendments of the laws and of railway rules and regu lations, which he said were required , by shipping Interests: Giving to the Interstate Commerce Com mission . the power of temporary injunc tion ever proposed Increases in rites. Giving to snippers the riuht of rcutlng. Making the giving of erroneous quota tions of rates by carriers' agents a mis demeanor; giving the power to somebody iu iniiu uiiumaea to snippers as a result Kit such error. Enactment of law allowlne carrloi s to meet and confer as to tariffs, sales and regulations without violating the law of the land. Creating uf a special court to have ex clusive and final Jurisdiction over queb- , tu,,. mo ji mil m Ul ill terstau Commerce Commission exctpt In fucn iu l.ances wnere constitutional ques tions would necessitate an appeal to the supreme court of the United States SALOON MEN ARE RELEASED Court Decldea They Cannot Be Held Becanae Employee Sold to Indiana. DE3 MOINES. Ia., Nov. 17.-Charges of selling whisky to Indians, preferred against William Schandelmeler of Boone and John S. Lav in and Samuel Day of Marshall town, were dismissed In federal court to day. The government declared that whisky was sold by bartenders employed by these saloonmen and that, therefore, the latter cannot be held. VESSEY TALKS ON FARM LAND Governor of South Dakota Opens Ses sion of National t'oagrreaa at Chlcasjo. CHICAOOf Nov. 17. At today's session of the National Farm Land congn.-ss Governor R. S. Veisey of South Dakota delivered the opening address. He spoke on "The Call of the Farm" and urged an Improvement of .s-fndltlons in rural dis tricts in ordsr that the better class of people might be attracted to farm life. Baled Hay for Pie Material noticed two empty half kegs and two empty barels such as apples are packed In. Then it was the Idea came to hoax somebody. "We took the four barrels and put them In our wagon and went to a feed store and bought a small bale of hay. In each of the large barrels we put a keg. covered It with hay to almost tha inn -... . ,. - w - r u. m im of apples In each, over the hay. Then we I aauiea out to sell the two barrels of ao ples. mind you. And that year apples were selling at K a barrel. We succeeded In getting rid of both barrels for St.U each but the trouble that followed took all the fun out it the trick. The men that bought them eeon llscovered the hky and the beer kegs, a id the polios started on a voyage of discovery, looking for ua. We heard of the March, and bad to go and settle. Since then I never have sold stages, hoops and hay for good apple. From the Cleveland Plain Dealer. MITCnELL DEFENDS BOYCOTT Former Leader of Miners Makes Dra matic Speech to Labor Convention. MAY RENEW IOWA CHARTER llawkeye State Federation Admits Violating; Law and May Come Back by Complying; . , with It, TORONTO, Ontario, Nov. 17. Endorsing a report of the committee on boycott, John Mitchell, one of the three officers of th American Federation of Labor who are under sentence for contempt of court, made a dramatic speech to the convention today. He declared that as far as he was con cerned, regardless of consequences, he In tended while at liberty to declare for the rights guaranteed him by the organic laws of his country. j .. .. The report which drew forth Mitchell's speech, and which wa adopted by the convent Ion, among other things, declared: "We say that when your cause is Just and every other remedy has been employed without result, boycott; we say that when the employer has determined to exploit not only adult male labor, but our women and children, and our reasoning and ap peal to his fairness and hie conscience wHl not sway him, boycott; wamy that when )abor has been oppressed, browbeaten and tyrannised, boycott; we say that wh.m social and . political conditions become so bad that ordlrary remedial measures are fruitless, boycott, and. fir ally, we say, :vi heve a right to boyoott and we propose to exercise that right In the application of. that right to boycott, to paraphrase the president (Gompers) we propose to strive on and on." Mr. Mitchell's Addreaa. The convention broke into loud cheer ing for Mitchell as he concluded and there were cries for "Morrison." The secretary did not respond. President Gompers was absent. Mr. Mitchell said he realised that every statement made by those on the conven tion floor, and especially by those who on next Monday would have to deliver them selves to the courts. Is being closely scrut inized. "I want the people of the United States to know my position," he said. "I shall not speak defiantly, but I shall- not sur render any right guaranteed to me by the constitution of qur country. If I know myself, not any amount of suffering wilf persuade me that I have not the right to spend my money where I please or that I have not the right to write and speak as I please. ' "I understand that cognisance Is being taken at Washington of the utterances of men on the floor of thts convention and I want clearly to state my position. I propose In the future, as I have In the past, to execlse the rights secured to me by the fathera of my country, and I pro pose, if 1 am sent to Jail, to declare again when I come out that I shall not for my self purchase any product of the Bucks' fltove and Range company. I make this declaration, not to tickle the ear of any man, but that I may publicly declare the conviction that Is within me. "It seems to me that the whole pro ceedings should prove a lasting lesson to the worklngmen of the United States and Canada. If all the working men had been true to themselves there would not have been a non-union product on the market. "I repeat that so far as I am concerned and let the consequences be what they may, I intend while at liberty, to declare for the rights guaranteed to me by the organic laws of my country. I am proud of being an American." Wants Real Liberty. Mr. Mitchell said he bad grown up as an American, with a step-mother, so poor that she could not buy bread and related how he had crept out of bed at night to get his father's soldier coat to keep hltn warm. "But I want to see the word 'American' stand for all the sentiment that Is symbol ised by the flag of our country," he con tinued. "I want real liberty. I don't be lieve in the liberty enunciated by soma of our courts that men and women should have the right to work themselves to death. I don't believe In the liberty enun ciated by Judge Tuthill of Chicago, who declared unconstitutional the ten-hour law for women and by that act compelling them to work fourteen hours a day." The appeal of the Ohio State Federation of Labor from the revocation of Its charter was dismissed. It waa voted to recognise only the newly-formed Ohio Federation. The convention also authorising the rail ing of a conference of the waring factions of the Brotherhood of Electrical Workers befcre September 1, next, to settle their dispute. The committee on laws reported that the Iowa federation admitted a violation of the federation law and recommended that upon compliance with law their charter be restored. This was ratified. In the case of tne centia bodies of Cleve land. Toledo. Davenport and Cedar Rapids, whose charters were revoked as a result of the electrical workers' controversy, the (Continued on becond Page.) 'Let 'em come. I'm readr for himT, Homcstake Mine Bars Union Men, Strike Expected ( Long Labor War is Looked For First in Lead Dis V trict. LEAD, S. D., Nov. 17. (Special Tele gram.) This afternoon notices were posted throughout the various workings of the HomcMtake Mining company signed by Superintendent Grler to the effect that after January 1 union men would not be employed by the company. This means a strike, the first that has taken place in the camp during the thirty-three years that It has been In existence. It Is further understood that the com pany will close down Its works In a few days. The strike when It comes will be one which will be lasting for both the company and the union, which la backed by the Western Federation of Miners. Both are determined In the stand which they have taken. "Story is Silly," Says Pinchot Chief Forester Ridicules Idea. He Has Threatened to i ':' Resign. WASHINGTON, Nov. 17. "The story that I have Issued an ultimatum to the presi dent Is like the recent 'conspiracy' story, merely a silly fabrication. Of course, I have done nothing of the kind, nor any thing that could be twisted into that mean ing. The president was good enough to ex press his satisfaction with my work and I am going ahead with It" ' Glfford Pinchot, the government's chief forester, in a statement issued today, thus disposed of the reports published this morn ing that he had sent a letter to the presi dent threatening to resign if Mr. Ballinger remained in the cabinet Secretary Ballinger was one of the cabinet callers at the White House today. The secretary said he had merely taken up routine departmental matters with the president Episcopal Rector Hangs Himself Body Discovered in Cellar of Home and Friends Are. at a Loss for Cause. ST. LOUIS, Nov. 17. A special to the Post Dispatch from Maryvllle, Mol? says: "The Rev. Jay D. C. Hathaway, rector of St. Paul's Episcopal church, committed suicide last night by hanging. His body was discovered in the cellar of his home this morning. No cause for the act la known to Ms friends." WARE BACK TO PENITENTIARY Seymour Banker Refused Freedom by Supreme Court of Iowa, DES MOINES, la., Nov 17.-The Iowa supreme court today refused to bear the motion to grant Leroy Ware, defaulting cashier of the Farmers and Drovers bank at Seymour, freedom from the peniten tiary pending the hearing on his petition for a writ of habeas corpus December K The prisoner was ordered taken back to the state penitentiary at Fort Madison to remain until that time. Fire Routs General Grant; Family Relics in Danger CHICAGO. Nov. 17 -MaJor General Fred erick Dent Grant was forced to quit his home, 140G Dearborn avenue, today by fire which originated In the basement and for a time threatened to consume the house. The comn.ander of the Department of the Lakes was awakened by the smoke and assisted his wife In escaping by climbing out of a window to the porch roof and de scending to the ground by a ladder, which the firemen raised. Several of the servants were carried down the ladders by the firemen. The principal damage was by smoke and wator. and General Grant feared for the safety of valuable papers, which he left In the library. After watching the flames for long time and ascertaining that they were under control. General and Mrs. Orant went to the home of lira Potter Palmer, who Is Mrs. Grant's slater. Ia (ascending the 1 SUGAR WEIGHERS INDICTED Report Many Have Been Caught in Customs Fraud Investigation. WHOLESALE BEHEADING SLATED Deputy Surveyor Parr Says Met of Undeslrablea Will Contain. More Than Twrnt)-Tno Karnes When Finished. NEW TORK. Nov. 17.-Although no of ficial confirmation could be had today, either from customs efflcsals or from United States District Attorney Wise, the report Is persistent that Indictments have been found against a number of govern ment weighers, whom Special Attorney General Stlmson has connected with the weighing frauds perpetrated by the Amer ican "Sugar Refining company at Us Will iamsburg docks. The report from Washington that a list of twenty-two assls;ant weighers had been furnished to the United Slates civil servlcs commission by the collector at New York of men Implicated In the frauds In ques tion was confirmed by Deputy Surveyor Richard Parr. Mr. Parr admitted that a list of "unde sirables" had been prepared by him and forwarded to the seoretary of th.e treasury. He Intimated, however, this list was much longer than that referred to by the United States rtvll service commission and that whet' the' final "shake-up": came a con siderably greater number than twenty-two would be dropped. 'The belief Is becoming general that a congressional Investigation of the New Tork pustom house will be ordered. Colonel Edward S. Fowler, collector of the port, today declared himself In favor of 'such an Investigation. Deputy Surveyor Barr modified his earlier declaration that he had discovered fraud in the importation of sugar at Phil adelphia, by saying that possibly the dis crepancies could be ascribed to natural causes, such as shrlnKage and moisture. At the headqvarters of the American Sugar Refining company, President W. B. Thomas Issued a denial of a report that he intended to resign. A report that A. H, Senff had resigned as director was also denied, It being ex plained that Mr. Senff had merely declined a re-election. BOND OFFERING BY GOULDS Issue Will Be Convertible Into Stock of the Missouri Pacific Railway. NEW TORK. Nov. 17. Announcement was made today that the Missouri Pacific Railway company will offer to Its share holders at 96 'and Interest 139,806,000 of first and refunding mortgage E per cent fifty year gold bonds, convertible Into stock of the Missouri Pacific company at par, from September 1, . 1912, to' September L 1932. The entire offering has been underwritten by Kuhn. Loeb A Co. The bond issue announced today Is to form part of tha total Issue of 1175,000,000 In bonds which the stockholders are to be asked to authorise at a special .meeting to be held January 18, 1910. The bonds are redeemable at 110 and Interest on and after September I. 1917. PETITION FOR SHIPP'S RELEASE Will Have Bad Lfert on Negroes. RISING FAWN, Ga., Nov. 17.-A petition to pardon ex-Sheriff Joseph F. Schlpp and codefendanta, signed by practically every citizen In this vicinity, says In part: "We view with grave fear the effect that the fulfillment ef the sentence will have upon Ignorant and Irresponsible negroes In creasing beyond question the dancer to th women of the south." ladder from the porch roof, Mrs. Grant was aided by firemen, who also offered assistance to the general, but were waved aside. Mrs. Grant narrowly escaped injury when she at first sought to escape from the house by the stairway, from which she and General Grant were driven by the flames and smoke. Some personal papers and a pocketbook left by the general In his dressing room were recovered by a policeman. The furniture In the house Is valued at SS.OOO and much of It was damagrd. The first thought of General Grant, after seeing that the occupants of the house were safe, was a number of prlnd relics ef his father, General Ulysses 8. Orant, among them being a sword presented to the soldier at the siege of Vlcksburg, a portrait and the field desk used by the commanding general during the war. MISSOURI SHERIFF ON THE STAND Ex-Official Denies Being Mixed Up in Any "Deal" with Dobbins. WAS EMPLOYED BY T. W. BALLEW Says He Was Offered One-Fourth of All the Money Recovered. SESSION CLOSES WITH ARGUMENT Attorneya In Wrangle Concerning: Tratlmony of Alleged Victim from Mlaaourl Judge Takes Matter ' Under Advisement. The real trial of John R. Dobbins, al leged operator for the Maybray gang, ot the charge of larceny of t.TO.000 from T. W Hallow, a Missouri millionaire, was re fumed yesterday afternoon In the district court at Council Bluffs, when the em bittered cross-examination of the bankii "Mike" was completed. Through the Ions, and drastic questioning by Kmmet Tlilley, Dobbin's lawyer, Mr. Ballow became him self almost a defendant. The close of Iht session yesterday found the lnwyert n raged In an argument over the com petence of the testimony of W. H. Red fotd, a victim from Bolckow, Mo whost experience Is admittedly of no direct Con nection with Ballow's. Judge Green took the question under ad visement nad will make his ruling at the opening of court this morning. A number of witnesses were examined on behalf of the prosecution, principally with a view to establishing the fact that lmmdlntely following the fleecing of Bailow Dobbins had plenty of money and left for the east. T. B. Mlnter, ex-sherlff from Princeton, Mo., apparently clr.se to Ballow, was placed on the stand by the state when the banker was for the time relieved of his ordeal. Promised Share of Money, Mlnter testified that he had been cm ployed by 'Ballow to go after Dobbins and had been promised or.e-fourth oPll money recovered. Ballow, he said, had paid him nbcut $500 In expense rroney tp to date. The first direct accusation of Dobbins ecme when Mlnter declared that the de fendant had spoken of an Intended deal where he expected to make some good money. . . "I asked him If he wesn't afraid," said Mlnter. "but he answered 'He's Into It as much as any of them, he won't squeal.' " "In your conversation with Dobbins did you ask him anything about BsVow's con nettlon with a woman by the-tinrao of Mra. Scott?" asked Tlnlejt when he got to the witness. ' "No.V "Thea you didn't get a note from a boy In connection with this case and take It to Ortan (county attorney at Princeton) to got Ortan to commence a suit to shako Ballew down?" "No, I didn't." snapped the witness with a show of fire. Tlnley then tried to get the ex-sherlff to admit that he had been In a deal to hold up Dobbins, when the defendant had been arrested for selling beer in a drug rtore at Princeton and that he was embittered against him anyway for political reasons. All of this the witnesses denied. Defendant Called Poker Player. F. L. Markley. manager of the Depot hotel at fherldan. Mo., testified that he bad known Dobbins for many years and admitted under pressure that he knew the defendant to have been a poker player. Ho told of loaning money to Dobbins on diamonds and thereby gave the state an Important point. , Louis Young, a traveling ealeemaa from Ottumws, Ia.. reluctantly told of his ac quaintance with Dobbins and of traveling in his company on that all-important Octo ber 15. "Yes, he asked me to get off of the train at Sheridan and buy him a ticket to Chi. cago." at last said Young. "He gave me a ten-dollar bill to get it with and asked me to tell Markley to meet him in the vestibule of the train." The state at last wrung from Younr tha admission that Dobbins had eonfMed to him mat he had Just won 17,000. Young counted one roll of u.000 which Dobbins had and saw another of several hundreds more, but he hated to tell about it. Itallwav Conductor Silent. The testimony of Scott Craig, a Rock Island conductor running between Kansas City and Rock Island, III., proved a blank. ue an mu tea mat he knew Dobbins, but would admit nothing else whatever. Clint niuinorpe, telephone oprrotor on the toll board at Sheridan, testified that ha re ceived a call from Dobbins making a date with aMrkley at the hotel In Sheridan for the payment of the debt on the diamond ring. "They call you 'Iiawkshaw the Date, tlve' down there, don't they?" asked Tin ley, who cannot refrain from that familiar little habit of Jocularly hanging on a nick name here and there. "Well, I've done some work In that Una." replied Mllthorpe with stern dignity. ' W. H. Bedford, the "Mike" from Boloi-' kow, Mo., was allowed to get no further than the statement that he had been de frauded in a Mabray fake and that he had seen Dobbins In Council Bluffs in company with that peerless trio known to blm as Gtorge Maxwell, the "secretary," Mr. Gordon and Ed Crawford. ', The attorneys for the defense were all on their feet at once to enter objection as to the competence of this testimony against Dobbins, contending that there was no connection with the larceny case shown. Judge Green took the qutstlon under ad visement until this morning. Question of Dots. "How much money did you bet that last day," asked Tlnley. "I didn't bet any," answers Ballew. , "Look at this memorandum and tell ma what of those beta represented your ' money, "I can't tell." Tlnley forced the witness to add the flg uies on the betting according to the mem orandum, a total of M.WX). "Will you refresh your recollection and tell me how If Srj.OOo was bet for you or by you on that last day?" "I furnished r10,000 to them that day " said Ballew. "That was aU of the money yUUr aids,