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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 20, 1909)
The Omaha Daily Bee tifEVTS SECTION WEATHER FORECAST. For Nebraska Fnlr and warmer. For Iowa Fair and wanner. For weather report ee rage 5. PAGES 1 TO 10. SINGLE COPY TWO CENTS. XXXIX-NO. OMAHA, SATURDAY MORNING, NOVEMBER 20, 1909-TWENTY PAGES. VOL. XXXIX NO. 135. UMA11A, SSATUUUAi iiUKMiMt, xnuviiisjms. -u, iyu: 1 nui i-auro. . ' i NO MORE GRANTS v-- OP IMMUNITY Secretary MacVeagh Announce! Gov ernment Hai Sufficient Evidence in Sugar Fraud Cases. EOUSECLEAKTNO ACT CONTINUES Hundred Twenty-Four Employes of Cuitomi House Dismissed. MANY OTHER CHANGES MADE Hundred and Twenty-Three Men Re- duced in Rank. END IS NOT YET IN SIGHT ftroretarr Indicate Mom Chan ares Are Coniln- at ew Tork and That Other Port Are to Be Investigated. WASHINGTON. Nov. 19 The ellmlna linn frnm the custom service of Acting Dpnutv Surveyor James F. Vail, the aboll- i,. nr that office In the New 'York custom house, the dismissal or v men nnd demotion of 123 other mm at New York from March 4 up to last night, toguner with about a acore of other change In cluded In Collector I,oeb' statement today from New York were announced by Secre tary MacVeagh tonight. ; ; There will be no further grant of lm- tnunity in the custom Investigation at New York. Secretary MacVeagh made this clear, explaining that he received this assurance when he wa In New York coo, , erring with Collector Loeb and other. Collector Loeb, the secretary said, as sured him that there would be no further tccasion for It, that they had accomplished That wn needed by the Immunity pre- rlously promised. The three weigher who confessed to the iuthorltle and whose evldenoe ha figured io largely In the Investigation, have not keen disturbed In the service and they will remain so far aa the ' Rovernment Is con cerned. But Mr. MacVeagh pointed out that It was Questionable whether they would care to continue in the limelight rery long. Mr. Vail, who drew a salar yof SJ.0O0 a yar a acting deputy surveyor at New York, waa until quite recently the foreman of welghera at that port. He passes out of the government ' service with the dls continuance of tb office. Secretary Mac Vesgh tonight said there were no charges against Vail nad Indicated 'hat the fact that he had been the head of the weighers while the frauds were In progress was at least largely responsible for Ma decapita tion. He said there was no present inten tion to prosecute Vail. End la Not Yet. The end 1 nq yet In sight, according to 'the secretary, and the collector will keep right on 'until the rehabilitation Is complete. So far no action has been taken at other ports looking to anything like the sweeping character of the Investiga tion, and the secretary said he had noth lng to say a to these other ports, but he 1 has previously declared hi Intention to , have a general house cleaning of the - ' whole custom service. Many of those affected by the changes covered in today's statement appealed to A the president after-getting notice of their dismissals, but the secretary had already conferred with the president and the ap peals were without effect. Secretary MacVeagh's statement gives tf'changes In the personnel In the customs , service at the port of New York from March , 3908, to and' Including Novem ber 18, ltOt." The reductions during that period consisted of seventy-nine Inspec tors, sixteen assistant weighers, two sugar ampler, four unclassified laborers, one i foreman, one f auger, on skilled laborer, ne deputy surveyor, six special employes, five watchmen, four wharfmen, one store keeper, two roundsmen, The dismissals were: Sixty-four un classified laborers, fourteen watchmen one foreman of weigher, seven assistant W 'weighers, three clerks, three Inspector, j. four weigher, four classified laborers, fr three openers and packers, on elevator conductor. The salaries paid these reduced and dismissed men range from $3 a day to 13,000 per annum. All of the vacancies. laid Secretary MacVeagh, have been filled. No names, except that of Vail, were given In today's statement. ' The change announced from New York ty CoUector Loeb were supposed to be fupplemsntal to this list, Mr. Loeb' list being the changes made today. But Sec retary MacVeagh, after glancing at the total of the change announced by Mr. Loeb, thought there had been some dupli cations In th two lists and that today's! change would add only twenty to the figure given In the statement here. Anaoucesaeat bf Mr. Loeb. NEW YORK, Nov. 19. Collector of Port William Loeb, Jr., today announced th re moval from the customs service of seventy three employes and attache of the weighing - and other divisions of the customs service 1 ere. Among those dismissed are James '. F. Vail, formerly deputy surveyor of the weighing division; George K. Bedell, an In tpector formerly chief clerk of the weigh ing division; James P. liyland and Joseph O. Carroll, ex foreman of w-ething divisions. Besides those enumerated th removals Include ten assistant weighers, three In spectors, formerly assistant weighers; cn inspector, formerly an assistant gauger. Tlio collector stated that since March 9 ' '(, th day he took office, he has re moved from the service for Irregularities 'A In the weighing department eighteen other V iifflclals, six of whom are now undi-r in dictment. In other branches of the service 1 ha lemoved for cause thirty-six officials, mak ; lug the total number of removals from the 'service since March 4 se.nty-three. The Cilltfctor Is continuing bis Investiga tions. Notice of (V.nuirer to the Indictments r:urned agalntt Jauies F. Bendemagei of V the American Sugar Refining company ,' tnd the six minor employes of the com- pany clntly Indicted with him was served today on rpeclal Assistant Attorney Cen tral lUmy L. Stlmson. The demurrers . wlil be argued before Jadge Hough on Monday. CopCMX' Is 4aalaT I . NKW YORK, Nov. ll.-Two advances of ' uf a wtn- mob per pound In the price ' vf coi, per avr announced today by the Jn1ttd Metals Helling company, raising ' h price from 13 to 11 V cams. i) " Carpenters on Strike. t-HlI-ADKI-PHIA. Nov. 1 As the re sult of a sink of eighty carpntrr m-j-loyej In the vonatru tlun of a Ure de-.-tii!-nt stor. more then Lis) workman In W4 dgr. axe Ml today. 1 I IX Gompcrs' Acts Are Approved by Federation Toronto Convention Scores Justice Wright for Language Used in Decision. TORONTO, Ont., Nov. 19.-Emphaslilr.g its approval by a rising vote, the conven tion of the American Federation of Labor today adopted a report of Its committee on the "resident's report endorsing the position taken by President Gompers In his Buck Stove and Range Injunction case and protesting against "the injudicial an intemperate language" used by Justice Wright In sentencing Gompers, Mitchell and Morrison to Jail for contempt of court. Discussing the use of Injunction In labor disputes the report says In part: "When any court assumes to exercise powers not delegated to it by the consti tution, it invades the rights specifically reserved to the state and the people; ha action becomes void from lack of Jurisdic tion and should not be obeyed." The report declares that In the case of the Buck Stove and Range company, the court in violation of the constitution "en Join the right of free speech, free press and peaceable assemblage, in addition to proclaiming the false doctrine that patron age and good will In business la prop erty." The convention voted to appeal the In junction case and the contempt proceed ings growing out of It to the United States supreme court and authorise" the raising of funds for such an appeal. The convention went on record aa favor ing a bill for an eight-hour day; a uniform employer' liability law; the establishment of a department of labor Independent of any other department under the govern ment; Asiatic exclusion; the hatters strike, and the Porto Rlcan labor government. Child and convict labor and ship" subsidy were opposed. President Gompers' recommendation that organised labor prepare for active partlcl pation In the next congressional and state elections with a view of furthering labor legislation was endorsed as was the affiliation of the American Federation of Labor with the federation of secretaries of various labor organizational continental Europe. New Church May Be Formed by Mrs. Stetson Partisans of Christian Science Leader Declare She Was Tricked Into Confessing Error. NEW YORK, Nov. 19. Before the board of trustees of the First Church of Christ, Scientist, takes any action regarding the excommunication bf Mr. Augusta, Stetson late first reader of the church, by the Mother church of Bostor yesterday, time will be given Mrs. Stetson to hand In her resignation as a member of the board. Friends of Mrs. Stetson are predicting a general reorganUatlon In the board of trusteea of the New York church as a re suit of the excommunication. Some of her followers charged that Mrs. Stetson had been tricked Into the power of her enemies at Boston by partial promises of her vlndl cation at her trial and that It was In this belief that she admitted she had taught error. It was said when she left Boston Wednesday N at the close of the hearing Mrs. Stetson believed that her Judge would pardon her "errors" and reinstate her with added powers. Some of her friends and students In the church her are discussing today the possibilities of a new church be ing formed under Mr. Stetson's leadership. W.M.LaffanDead; Succeeded Dana Publisher and Part Owner of the New York Sun Succumbs to Ap 'pendicitis. NEW YORK, Nov. 19.-Wllllam M. Laf fan, successor of the late Charles A. Dana In the management of the New .York Sun ! n publisher of that newspaper for the last twenty-five years, died early today at his home In Lawrence, L. I., following an operation tor appendicitis performed on Monday. Mr. Laffan was born In Dublin, Ireland 67 year ago, and after completing his studies In Dublin university, came -to this country. In 1870 he was made managing editor of the San Francisco Bulletin but two years later removed to Baltimore to become editor and half owner of the Dally Bui letln, subsequently acquiring full owner ship of that paper. While In Baltimore he married the daughter of Judge Daniel Rat cliff e of Washington, D. C. Mr. Laffan was recognised as an au thority on wood engravings and oriental porcelain. In 1906 be directed th wor of cataloging the Chinese porcelain In the collection of J. I'lerpont Morgan and later the Chinese porcelain in the Metropolitan Museum of Art of which he was a trustee. Ills first connection with the Sun dates back to 1877, when he became lta art critic. In ISM he was elected publibher of the Sun and in 19U0 purchased the Interest of the estate of Charles A. Dana in the Sun Printing and Publishing association and became president of the association. W. U. OFFICERS STAY SAME No Changes Will Be Made by Reason of the Iterent Trans fer. NEW YORK. Nov. 1. Authoritative an nouncement waa made today by officials of the American Telephone and Telegraph company that there would be no change In the official personnel of th Western Union Tetegraph company by reason of th trans fer of control of that company to the American Telephone and Telegraph com pany. &LACK-HANDER DIES IN JAIL Inanition, Cnuaed by Melancholia, , Fatal t Member of Cincin nati GlDI, LEAVENWORTH. Kan.. Nov. IS Oulso ph A. Alello, a member of th "Black Hand" society whlcb operated In Cincin nati, died In th federal prison hospital her today of Inanition brought on by aoute melancholia. He bad been violently Lusan tor th last to week. NEW TRIAL EOR UTAH COAL CASE Court of Appeals Reverses Decision in Case Involving Harriman Roads and Everett Buckingham. NO EVIDENCE OF Judge Holds That V Wrongfully Coi NEW CONSTRUCTION OF Coal Companies Are Not Prohibited from Selecting Customers. COMBINES THAT ARE Agreements, the Chief Results of Which Are to Foster the Bnalneaa of Those Making Them, Are Not Under Ban. ST. PAUL. Nov. 1. Judge Walter H. Sanborn, in the United States circuit court of appeals, today handed down an opinion setting aside the verdict and ordering a new trial In the case of the United States gainst the Union Pacific Coal company, the Union Paclflo railway, the Oregon Stort Line railway, (James M. Moore and Everett Buck ngham, charging them with violation of the Sherman anti-trust law by forming an unlawful combination While the suit was brought in the nam of the United States, proceedings were started by a Salt Lake City coal dealer named Sharp, who charged the coal com pany and the defendant railway with re fusing to sell and haul coal for him. Sharp charged that the Union Paclflo Coal company refused to sell him coal and that the raJlway refused to haul the com modity for him because he advertised and sold coal at a lower figure than his com petitors. Judge Sanborn, In hi opinion, holds that there was no substantial evidence of any combination between any two of the de fendants, either to refuse to seU coal to Sharp, or to refuse to transport It for him. The lower court found the defendant guilty of violation of the Sherman anti trust law and imposed a fine of $1,000 and cost on Moore and I3.0U0 and cost on the other defendant. Opinion of Coort, The opinion of the circuit court of ap- pealspeala 1 contained in the syllabus as follows: The test of an unlawful combination. under the act of July 2. 180, is its neces sary effect upon free competition in com merce among tne states or wun foreign nationfl. A combination, the necessary affect or which Is to stifle directly ana sun- tantlally restrict auii competition Is un lawful under tnai act, nut u ine neces sary effect or a comoinuiion , out inci dentally and Indirectly restricts.. competi tion, while Its chief result l - foster the trade and Increase the 1 . nness of those who make ana operate it, n aoes not fall under th ban of this law. A coal company engaged In mining and selling Its coal is not prohibited by the anti-trust act or by the law from refusing to sell Its coal, rrom selecting us custom ers, from rixli:t tne price ana isnin upon which It will sell Its proauct, or irom wiling to different persons and on dlt- ferent terms. Stockholders Not. Liable. A violation of a law by a corporation does not render its nonparticipatlng stock holders criminally name tnereior. Unless there is substantial evidence of facts which exclude every other hypothesis but that of guilt it is the duty of the trial court to Instruct the Jury to return a verdict for the accused. And wlille all he substantial eviaence is consistent with innocence aa with guilt It Is the duty of the appellate court to reverse a Judgment of conviction." In conclusion the court says: There waa no substantial evidence of any combination between any two of the de fendants, either to refuse to sell coal to Sharp or to refuse to transport It for him. A coinmnation Between a coruruon and Its officer or agent in violation of th ntl-trust act cannot be formed ny tne thoughts or acts of the officer or agent alone without the conscious participation In it of any other officer or agent of the corporation. The union or two or more persons, me conscious participation of two or more minds, is indiuiicnaL,l to an unlawful combination. OMAHA COMPANY IS . MERGED INTO ANOTHER Farmers and Merchant of Lincoln Absorbs Biebrnkn Cnder-wrlt-er of Omaha. (From a Staff Correspondent.) LINCOLN, Nov. 1 (Special.) The farm era and Merchants Fir Insurance company of Lincoln ha merged with the Nebraska Underwriter of Omaha. The merged com pany will do business under the name of the Farmers and Merchants and the head quarter will be here. The Farmer and Merchant takes over all the asset of the Underwriters and all Its Insurance risk except In the state of Arkansas, which baa been reinsured In another company, and the original capital stock of the company. This will bo paid back to the promoters who paid It In. The merger was the suggestion of State Auditor Barton, who, upon an examination of the two companies, suggested that a better condition of affairs would be brought about were the companies to Join, lnssmuch as they were very closely identi fied with each other. M. L. Funkhouser Is president of the Farmers' and Merchants' company and M. F. Funkhouser, a brother, was president of the Underwriters. The Underwriters had a capital stock of tlOO.Oul; assets amounting to $222,166.30; un earned premiums, 139,406, and surplus, $27, fc8. January 1 the Underwriter had In surance In force amounting to $U.830,36!i. It had DUO agents working In Nebraska and agenta In several state. The new company Is one of the largest now In the state. EARNING POWER OF MERGER Income of Copper Combine Between $30,000,000 and S30,000,000 at Prenent Prices. NEW YORK. Nov. 19. Consideration of the earning power of the various copper properties which may enter th proposed copper combination was given today by the financiers working out the details of the merger. It was dated that the earning power of the sapper refining and other companies ti at will enter the proposed merger Ja between $2E.000,0(i0 and SJU.OUO.OOO. based upon 13-oent copper. These estimates of earn ing. It la said. Include the economics to be effected by the consolidation and the earnings of the United Metals Selling etinpany, the International Smelting and Refilling company and other properties. i LAWFUL . , . t a- VM.F r"VSC -.--', s-W From the Philadelphia Inquirer. FREEDOM FOR EVIDENCE Defense of Dobbins Charges Postoffice Inspector With Using Whitewash. SWENS0N EMPHATICALLY DENIES Rnllngr of Jndre Green Stops Tlnley'a Efforts Mabray's Record Will Com In ... Tgdar, The defanse of John R. Dobbins, on trial In district; court at Council Bluffs for larceny, in "miking" T. W. Ballew, sought to aooue John S. Bwenson, postoffice In spector, the official who captured Mabrey. with administering Immunity baths to cer tain persons jonnected wjth the general conspiracy alleged, for ' the purpose of gaining evtder ce. The charge was promptly denied by the inspector. W. S. Groneweg, deputy United State marshal, who ar rested Dobbins In New York, was among the principal witnesses of the day. The testimony of Mr. Groneweg waa the story of Dobbins' arrest and the Identifi cation of documents turned over by the New oYrk police after the defendant was captured. The state proposed to Introduce these papers In evidence, but later with drew them. These documents are said to be letter connecting Dobbins with the operations of the Mabray gang, They will probably be Introduced before the state rests. Groneweg testified on cross-examina tlon that he did not have peraonal knowl edge that these letter were ever In Dob bins' possession. Inspector Bwenson was assailed by Em met Tinley, the aggressive lawyer ior Dobbins, who conducts the cross-examination. Bwenson on direct examination had told of the arrest of Mabray and two com panions in the raid at Little Rock, Ark. "Now, Mr. Swenson, as a matter of fact, were you not hiding behind a tree when Mabray was arrested?" lnqulrJ Tinley. "No, sir, I was not," firmly replied the officer. "Well, did you not purposely keep wit nesses away from the county attorney here?" continued the belligerent lawyer. "No, sir." No - Protection Promised, "Is It not true that for purposes of gain ing further Information you hav prom ised protection to some people?" asked Tinley. "I will state positively that I have not promised Immunity to any one, either in state or federal courts. You can make that Just as emphatic as you please." The attorneys for the state came to the defense with an objection which wa sus tained by Judge Green, when Tinley pro ceeded to puBh his examination further In this direction. "You knew Joseph Coon at Alma. Mich., Indicted for his part, In the case of C. A. Nelson, a witness in thl case?" asked Tinley. "Yes, I have met him," was the reply. "Have you not arranged to protect him In the state court providing ne tens ins story the way you want him to?" At this Juncture H. W. Byers, attorney general, rose with his objection. Tinley tried to make hla point by de manding by Implication why Coon wa not arrested when the inspector knew that In dictments had been returned against him. Mabrar Memoranda. The state will today introduce the Ma bray memoranda seised at Little Rock showing the notations In the Ballew case. It Is said that Dobbins Is referred to In this exhibit by number. Mabray had number system used In his records in re ferring to the member of hi organisa tion. W. H. Bedford and T. W. Ballew were recalled to the stand late yesterday aft ernoon to Identify person Included In a group picture captured at Little Rock. Both witnesses pointed out Mabray, who posed as one; Gordon, a millionaire in tne farclal contests of his system. The er.d of the state's evidence is In sight now and will probably be reached soon. 1iul- Attarka Banker Mike. An attack of Emmett Tinley. attorney for John R. Dobbins, on trial In district court at Council Bluffs for larceny a Mabray steemr. directed at George Castle, a banker "Mik" from Brltt, la., drew out th daily comedy sketch of th hearing. Castle n as trying to explain how be was lndloted for gambling and keeping a gam bling house at Brltt, while at the aame (.Contlnuvd on Second Fag-) . VC vvsv:fv'2 CAUGHT WITH THE GOODS Will Not Spare Trust Magnates, Says Wickcrsham Attorney General Declares Malefac tors, Rich or Poor, Will Be Prosecuted. KANSAS CITY. Mo.. Nor. 19. Attorney General Georgs W. Wlckersham, who will be the guest of honor and principal speaker at the annual. John J.. Jay treaty banquet of the Commercial club In this city tonight, arrived here today, , -s ' : Discussing th government' attitude In the Investigation of alleged customs frauds In the collodion of sugar duties, the at torney general said: "The object, of the Investigation 1 two fold. We are going to recover as far a possible all the back duties due the gov ernment, and secondly, we are going to ascertain who were guilty of frauds, wherever they may be. In order that they may be punished. "There Is not much to be said about the Investigation now because It la still going on and we do not know where It will end. But I can tU you that It Is going to be as thorough and as effective as the machinery at my disposal can make It," added the attorney general. "What will be the attitude of the govern ment toward wealthy malefactor, If there are any?" he waa asked. ' "A malefactor I a malefactor and any body who I found to be Implicated In any fraud against the government will be prosecuted, no matter how high up he may be," Mr. Wlckersham answered. Lead Citizens Support Miners Pass Resolutions Condemning Home stake Mine for Threat ened Lockout. ' LEAD, S. D., Nov. 19. At a meeting of 1,800 citlsens at the opera house last nght resolutions were passed condemning the Homestak Mining company for the threat ened lockout of union men January 1 and' asking that the company retract It arbl tray order. . Charge were mad by union officiala that the company had in the past used the union to pull chesnuta out of the fire for the Hearst politician and was now trying to crush the union because It Is getting too big to be used. Superintendent Grler was at the meeting and said he had no authority to withdraw the anti. union order. HUN-CHUN OPEN TO TRADE International orlved Traffic Will Bo at Manchnrlan Port. Re. PEKING, Nov. ). Arrangement were compleeted today for the opening of Hun Chun, Manchuria, to International trade on January 1 next. Hun-Chun 1 situated nine miles north east of the Korean boundary, near the confluence of the Hun-Chun and Tymen rivers and less than 100 miles from Vladi vostok. The town has a population of 10.000 and. enjoys a considerable trade with Korea. Many Vessels Colonel J. NEW YORK, Nov. . Many vessels In the Caribbean sea today are on the lookout for Colonel John Jacob Astor's steam yacht, Nourmahal. having Its owner and his son Vincent on board, and which ha not been heard from sine It wa reported sailing from Kingston, Jamaica, presum ably for Porto Rico, two weeks ago. In the Interim West Indian water have been hurricane-swept, cable have been In terrupted and there la anxiety for the safety of those on board the yacht. Today the cable lines to Porto Rico were still out of commission. Wireless appara tus, however. Is being extensively em ployed In th effort to locate th Astor yacht. Th revenue cutter Algonquin, now In the : : I FIVE BODIES ARE RECOVERED Work of Taking Corpses from Burn ing Mine Proceeds Slowly. RESCUE PARTY IS DRIVEN OUT Fall of Dirt nnd Rocks Canaes A band onment of Tvro Bodies Work of Identification, Begins. CHERRY, 111., Nov. 19. Science and desperation have greatly checked the fire that snuffed out 30 Olive last Saturday in the St. Paul coal mine; men braved to day the flre-swe.pt tunnels to bring to the surface the dead; charity hag poured aid Into the homes of the suffering survivors, but all this could not subdue th grief of Cherry' Inhabitant when th sight of the dead lifted from the tomb exploded their hopes that men might be rescued alive. It has been six days since tlte fire starl ing In a bale of hay swept tho breadwin ners of this community to their doom, and In all that time of anxiety but five bodies of the entombed havo boen recov ered.' four of them today and one last night. Tomorrow, however, it Is expected that many more of the dead will bo re covered. Mora were .found today and ex- plorers working deep Into the second gal lery were forced to flee for thtlr lives as they were about to bring them out when falling earth and rock endangered them, Tonight miners were put to work In the galleries replacing the burned timbers and clearing obstructions which Impede ac cess into the coal veins for mora than 200 feet from the main shaft. Beyond this point latent fires still burn and it will ba some time before thry can be extinguished. Obstacles which threatened the lives of the fire fighters attended the work of re- covering the bodies. At one time tha men working In the second level were almost cut off from escape by a sudden falling of masses of tarth and rock. Thty I. ad , ahue, being on the scene when the end placed two bodies on a stretcher and wero i dent occurred, Immediately ansumd ready to carry them to the cage in the hoisting shaft, when with a series of loud reports a shower of debris came down. "Drop the bodies and run for your lives," shouted the leader; "get out or we'll all be burled alive down here." To the danger of heavy rocks falling was added that of sparkling and crackling tim ber which fell In from all sides. The men were then about 2u0 feet in from the hoisting shaft. Further in they could see a great heap of bodies of men, boys and mules Indiscriminately mixed, indica- nn mat ueiore iney aieo me mines oaa teen driven from the shaft by the heat ...v ... ... ...... .,UB. .u. tv. uv. each other. All this, viewed by the firemen In the light of their flickering torches and lamps, presented a scene as weird as a picture from the Inferno. leaving behind them the two bodies which they had struggled hard to reach, the fire fighters rushed to the hoisting shaft, where they were revlved-by the cooler air. They were quickly brought to the top. None was found to be hurt or Injured. It was explained that the cold water poured Into the hot mine had had the effect of cooling the walls. The clearing away of the debris delayed the exploration work al most all afternoon. Bringing- Ont the Bodlr. The second and saddest act of the St. Paul mine tragedy the recovering and at- (Contlnued on Second Page.) Search for J. Astor's Yacht Caribbean, ha been ordered on the search by the government and the wrecking it,inwr ltjff 'nalleri from New York yesterday to aid In the quest while on Its way to' the salvage of another vessel wrecked In West Indian waters. A cablegram received last night f rom Havana stated that the Nourmahal was In Nue vitas, Cuba, last week and sailed for the United States about November 11. Its owner, the dispatch continued, was reported to have ernbarksd on the French steamer Abd 'Ki-Kader at Santiago, Cuba, for Europe. Mr. Astor' secretary, William A. Dob byln, said he .waa sure Mr. Astor would hav notified him of any Intention to sail fur Europ BLAZE BY LEAK IN AUTO PATROL' Big- Machine Explodes in Oarage at City Jail, Causing Extensive Damage to Property. CHAUFFEUR TERRIBLY BURNED Frank Bausenek Taken to Hospital in Precarious Condition from Burns. SIX HORSES DIE IN FLAMES Department is Without Equipment and Police Great Handicapped. PRISONERS HELP FIGHT FLAMES One Refuses Pardon aa Reward- thief Don shoe W About to Enter Barn When Explosion Orcnrred. Fred Pnusrnck. chauffeur for the pollct dpartment, was terribly burned about tne face ahd body, six horsos were burned tc death and damage to the amount of $12.(KX was done when the police automobile palrjl blew up at 6:20 o'clock Friday afternoon, partially wrecking the barn at pollee head quarters. Eleventh and "Dodgo streets, and starting a fire which completely burnd the place. Had the accident happened a few minutes later Chief of Police J. J, Donahue would undoubtedly have had s narrow escape, as he was Just about to ko to the bam when the first of two explo sions occurred. Tho dropping of a plug out of th gasu llno tank beneath the automobile, a Whit! steamer, while Mr. Bausenek was engaged in putting the machine in shape for winter use, which caused the gasoline to leak and become Ignited from the fire still burnlns, bfneath tho crinlne. was responsible for what may yet be a tragedy. Rausenek, who was kneelln.i near the rear of the machine, was completely enveloped In flames and his clothing literally burned from his body. To two he role prinoncrs and Drlvor Wil liam Murphy of tho wagon patrol Bausenek probably owes his life. At the risk of their own lives Harry Axlcrod and Martin Kane, better known as Rill yMartln, rushed to the rescue of Bausenek, although the flames were leaping about their feet, and dragged him outside the burning struc ture!. At the door thoy wcer met by Mur phy, who assisted In the work, and who had his left hand badly burned whllo doing so. . Rewarded With Pardon. As a result of the heroism displayed Axlerod and Kane, togplher with M. Flant gan, who was helping Bausenek at tho time of the accident,' were last night pardoned by Police Captain Montyn. Chleff of Police Donahue last evening roughly estimated the loss at $12,000, to ray nothing of the Inconvenience the de portment U put to. But one of th seven horse in the barn at the time wa saved, and this animal only hpcaus he wa Juvt being changed from the patrol wagon to the t.table in the rear of tho barn. Charles Slmp.;or, who wa ("leafing around tho barn, was leading tho horse away when the first explosion occurred. He at once led the animal out through a small rear door and then returned In an endeavor to save tho other animals. His efforts, how ever, were futile. Two. of tho horsei had Just been hitched to tho wason and they died in thoir traces. j As the flames enveloped the building both animals turned toward the main door In i their fright, but the dense smoke Instantly overcame them and for several hour after the accident they lay as they fell, their heads toward the front door and freedom. Bausenek was found to have been badly burned about the face, arm and uppel body. Several physicians were lmmedl- I stely summoned and after his burns wero I temporarily dressed ho was removed to tho Omaha General hospital. Bnuienek li I a married mnn with a largo family and resides at 1S36 Vinton street. Chief Don- i charge and Baw to It that the injured man waa given every possible attention. Plan for Relief. The chief announced last night that In all probability a special meeting of th city council and of the Fire and Polio board would bo called today to ccns!dur means of relieving the slluatlon. Without horses, auto patrol or wojran, exc ptln:r one stationed at ope of the fire stations, the department Is greatly handicapped. A White steamer was loaned the department j last night by the Drummond agency. Chief j Donahue believos Maj or Mahlman, who 1 I t Excelsior Springs, Mo., will start for jumaua immediately upon learning lh news. In the meantime the department will struggle alon as b-st It can. Bausenek, the chauffeur was Just finish ing his day's work when the accident oc curred. Because of the near approach of winter he was engaged In putting the auU patrol In hhape for cold weather. He haC succeeded lii placing the prelection chains upon tlia tires and was doing some work, Just what could not be learn, d . last night because of liauKcr.ek's weak condition, when suddenly a plus In the gasoline tanic beneath the body of the car dropped out. In tho bain at the .!mu were Murphr, driver of the auto .wagon, who had Jun chaiiKcl the day team for the night; Simp son, who was leading- one of the day ho: sea Into the Ub!e; Axlerod, standln neur the machine; Elannagan, assisting Bausepck, and Kane, sweeping out som of the stalls In the rear of the' stable. As the gam Hue staried to pour out cn the floor liaucenek called for someone to bring him a pall so that he mlvht catch the explosive fluid. Hi fore anyone could reach him an explosion occurred, evidently the gasoline fumes becoming lirniU'd frrm the fire beneath the auto engine. A liv ing torch. Hausenek staggered to hi feet and then fill forward. Axlerod, Kane and Flannlgan rushed to Ms rescue. Half carrying, half dragging, they managed tt get tne burning man to the door, f ro u I where he siagffeied to a patch of gia;s about thirty feet away. Seated in the office of Detective Captain i Savane, at the south end of th Jail at 'thn Htnn wt-rm M..f tit Pn'tiiM ItnnahiiM Captain Savage and H. B. Mills, head of the I'nlted Ktatrs s ci et service In Omaha. Chief Donahue was Just about to leave the office fur the barn when Captain Savaite. glancing out of the window, saw Bauscntk, a mass of flames. Instantly aJl was con fusion. The brick ntsble was by this time a mass of flumes within. Whllo officers and prisoner tried to tear Bauac-nek's clothing from his body, a second explostou t