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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 21, 1909)
t,EwH The Omah' ' Sunday Bee WEATHER FORECAST. For Nebraska Cloudy. For Iowa Fair. For weather rcpor: e page R. VOL. .x.ix-m OMAHA, SUNDAY MOUNIXO, NOVEMBER 'Jl, 1!I0I SIX SKCTIOXS FOHTY PAflKS. CIXGLE COPY FIVE CENTS. WOMAN BREAKS DOWNJN COURT Mrs. Dobbins Gives Way During Clos ing Hours of Husband's Trial in Mabray Case. Dcs Moines Gets Military Show Secretary of War Orders that it be Held in Iowa City Septem ber Next. OIL MERGER MUST BE DISSOLVED SCORES 0E MEN ALIVEJN MINE "One Hundred and Fifty!" Cries a a Voice Below, as if from the Grave. AT LEAST FCRTY ARE NOW SAFE ' fiM0j s J a' v 'X Circuit Court of Appeals Finds Rocke feller's Big Combine nf Cor porations Illeg' . LAWYER'S TONE IS DERISIVE Prisoner Sits Like Statue, and, Unlike . Wife, Shows No Emotion. DEFENSE STRINGS BIG SURPRISE Attorneys Rest Case Without Testi mony When State Concludes. INDUCES ARGUMENT AT ONCE Attorney ficncrrl Opens the Ilehnte anil Defense Will (iinllnnr Arun- nient Monday Cnse M, fio to Javr Tuesday, The argument for the prosecution of John n. Dobbins, whoso trial fur larceny ns a "steercr" for tho Mahrsv race. In which T. V. Iinllew, a Missouri banker, lost tro.eno. is mating the end In district court at C'nunc II Bluffs. "Jn this man Dobbins wo have a good man to Mart with to bring about a dnl similar to this one," paid J. J. Hewn, county attorney. "Look Into his past, which the evidence of this cafe has shown vim, Kent men," The lawyer was leaning far forward, peaking directly Into the faces of the Jurymen. His voice was cold, cutting, de risive. Mra. Dobbins, who hfia shown so much bravery through the trlul In the face of all the Incriminations and allegation! that have hejtn showered upon her husband. Rave way at last. Covering her face with her handkerchief she tried her best to hide her grief In silence. She trembled with the pain of her emotion, but, steadying herself with n'l her summoned strength, she dried her tears and again faced the court room, full of lawyers and spectators, with the same brave front. Dobbins sat as a statue through tho ar gument, lie has never given evidence In the court room of any other feeling than a cold Interest In the trial. "The defense rests," aald Emmet Tinley, lawyer for Dobbins, yesterday, when the state announced the close of ita evidence, and Judge Ureen had made his ruling In regard to the motions for exclusion of cer tain evidence. . Defense Springs Surprise, This move was the surprise of the hear ing. The court room was packed with a curious throng, gathered there In the expec tation that Dobbins would be put on the stand to tell Ills story. v The attorneys for the defense had Raid early in ' the hearing that Dobbins would be the principal witness In his own behalf when the evidence was put on. He was on that account expected to have something to say to substantiate the plea of the defense In the opening statement that Dobbins had himself been a "Mike" and a victim in the Mabray race In which his former fellow townsman, T. W. Ballew, the banker and millionaire of Princeton, Mo., was fleeced out of $30,000. ' , Not a word of evidence was offered In behalf of Dobbins and his lawyers are rest ing on the expectation that they will be able to bring the Jury to believe through argument that the state has not made a case. ' County Attorney Hess opened the argu ment for the defense at the beginning of the afternoon session. He made a strong appeal to the Jury, reviewing the history of the Ballew case and those of the other 'Mike" witnesses who have been contribu ting to the merriment of the trial for the last week. It was an artlesa Blip of the tongue which, lea Mr. iiess in nwu tat his arirument to deliver thla atarll ng V passage: One Rascal at at Time. "No matter how much the defense may try to blacken Mr. Ballew'e part In this fase; no matter how much they try to Vlllify him, Mr. Ballew la not on trial; let us get one rascal at a time." Mr. Hess dwelt long and earnestly oh the question of the Uiotlva that had ac tuated Dobbins to write a letter of Intro duction with which he sent the man who broached tha "race" proposition to Bul lew. If It had not been for thla man Dob bins, then Mr. Ballew would not have lost his 130.000." declared the county attorney. "When Mr. Dobblna called on Ballew at Kansas City when they were framing the race deal, he said that he did. not have but 140 in the world. On the train on his way east on October IB, 1908, two days after the race, ha had one roll of $6,009 and another of lomt hundreds. Mr. Young, a traveling man, has testified that he counted the money and that Dobbins told him that he had won $7,600 shortly before. "Men with $40 capital do not pick up $7,500 in honest transactions. Gentlemen of tha Jury, thla defendant, Dobbins, Wji at the race; he was at tha hotel; he was on tho spot when Ballaw lost thla money. He got Ballew into tha race. Now, where do you suppose he got that $7,600 ha told about, and what do you auppose tha deal was?" The arguments are to ba embodied In the stenographic record of the case. The argument will be continued by the state when court convenes Monday morn ing at 9:30 o'clock. The case will probably (not go to the Jury before Tuesday. T. W. iiallew, the complaining witness, ' will re main In Council Bluffs until thla case is disposed of. 1'oiuplrtloa ( Testimony. The argument over tha competence of tha tcfcilmoity of the nilkes was practically a revival f that which arose when tha. wit ness in Question took tha stand. Tha state's ooiitent.i Is that Dobbins assumed a reap .Visibility for part In con spiracy H . to the J late hat fendant. An obj. Sm enson. r the miking of victims previous illew Incident with which the made effort to connect ths de lion to Ihs evidence of John 8. postufflce inspector, was over- .ruled lied. 1 M. U. l.Tik- chief clerk of Grand hotel. during th ynontn of October, 1W. tha Ma brays' bu " season In Council Bluffs, testi fied in r Sard to the registration of the "niiilioiia " and others of the party n in mlksing of T. W. Ballew. 4?-d y. 4 ses Mr. Dobbins during tha -1 on Second Page) r (From a Staff Con f spondent.) IKS MulXKS, Nov. 20 (Special Tele gram.) Tho secretary of the Commercial club ifeclved word from oCngressman Hull that the secretury of war has ordered that the military tournament for next year shall be held In Des Moines. It had been the plan of Congressman Hull not to ask for the tournament next year, but to plan to egt it the year after, but the Commer cial club started the movement to s.cure It next year. The tournament will probably be held late In September. nl the district court today the city won an Important suit Involving the validity of surety bonds connected with trie build ing of a ntw c in "lit bridge. The Much Brlilg" company failed while engaged in constructing tho bridge and the Kmpire Surety company sought to evade respon sibility on the rroui'd that after the fail ure the city Issued fiG.H) in bridge certifi cates to finish the bridge. The certificates are held vald and the ri.ht of the city to finish the bridge la sustained. A person under Injunction for violating the liquor luws of losva, mny reinstate hiiiisi lf under the protection of the mulc.i luw, desplle the Injunction, by complying with the conditions of the luw anew. The supreme court decided till In a case from Daverport, wherein. Judge Bollinger hud found one, Charles Rink guilty of violating an Injunction. ' Rink had been enjoined fur making tales on a holiday. Then he turned around and got a new consent from the council and from property owners and in every way com plied anew with the law so far as hi? could do so personally. Judge Bollinger took the view that he would have to also get an entire new state, nnt of consent for the entire county, or wait for such general consent. The supreme court, Justice McClaln writing the opinion, de clares that this could not have baen the Intent of the legislature and the prin ciple would lead to endless confusion. Tho man win entitled to start over again with Ills new llcen.se and the injunction previously Becured against him would be of no force. The principle announced will not have much effect. Bince the legislature has since passed a law, which forbids anyone from selling liquor for live years after having been enjoined. FORTY MILLION STAMPS TO BE USED BY RED CROSS PATRONS Demand for Stickers Pnt Out by rlety Grows aa Christmas Draws ear. So- WASHINGTON. Nov. 20.-WhlIe Uncle Sam struggles under the load of Christmas packages In the malls this year, there will be 40000,000 Red Cross stamps circulated on the mall matter carrying the practical message of peace and good will to the four corners of the earth. The demand for lied Cross stamps at Washington was heavy an the Tuletlde grows near, and the Red Cross society is preparing to meet the demand by increas ing Its supply of stamps from 30,000,000 to 40.000,000. ENGINE EXPLODES. KILLS ONE Boiler on Limited Train Bio Causing; Death of the Fireman. VP SPRINGFIELD. Mo., Nov. 20 The en gine of Southeastern limited No. 108, the St. Louis & Pan Francisco railway's fast passenger train from Memphis to Kansas City, exploded a mile north of South Greenfield today, killing Fireman Charles A. Wilkin and probably fatally Injuring Engineer William O'Brien, both of Fort Scott, Kan. No other persons' were hurt. The train was running twenty miles an hour. The engine was badly wrecked. TAWS 9 DASH IX TO HOI SB Black Hills Resident Gathers la Ant. Dials Chased by Wolves. SIOUX FALLS. S. D.. Nov. 20. (Special.) If the wolves of the north-cer.tral portion of the Black Hills continue endeavoring to prey upon the fawns of that region "Jack" McCann, a well known resident of. Hania, a thriving little mining town, will have a ! whole herd of these beautiful little animals. 1 The other day McCann was much surprised when a young fawrr dashed into his home and rushed up to him, apparently for pro tection. McCann took the fawn In his, arms and noticed that while it appeared perfectly contented it was trembling vio lently. In striving to ascertain the caua he glanced outside and noticed a wolf Just slinking away, it having been pursuing the fawn, but was defeated of Its prey when the fawn dashed through the open door into the McCann home. This is the second fawn that has been chased to tha McCann home this fall by wolves, which appear to be unusually numerous in that vicinity. McCann made a pen for the first one, and the aecond one now has alpo been placed In the pen. Both will bo kept aa peta. Neither of the fawns in afraid of the human friend who saved them from the wolves and McCann Is able to handle them as freely as if theyxwere playful puppies. I Building Permits Are Over ' Seven Million Dollars Now For ths first time in its history, the building inspector's department of Omaha has Issued permits topping the fi,000,000 mark, with forty daya yet to go oil the year. The permits issued to date total 17,028. 970. This amount includes a 1700,000 per mit taken out Saturday morning by the City National bank, for its new skyscraper in course of erection at Sixteenth and Harney streets. Tha new building will occupy a ground pace of WalU. and tha pluns filed with Building lutipector Wlthnell show that It will be a really elegant addition to the various groups of fine structures put up in Omaha In ths laat five year. It will b sixteen stories in height above th ground, and In several other respecta will be a noteworthy specimen of th architect and builders' craft. Massive pilasters, forty feet in height and built of terra cotta and brick, extend from this part to th level of the fifth floor and they In turn will be filled out with brick of taa tajna color aa th pilasters. Fioin this point to tlis main comic at th top th building will be of brick to match DECREES DEATH OF bJVNT TRUS"" Finds Amalgamation of Subi CompaniesJViolation of Lav THREE JUDGES ARE V NIM0US I Sanborn, Vandeventer and Hook Con cur in Opinion. CASE FROM MISSOURI DISTRICT Decision Declnred to lie One of the Most Noteworthy In History of United States Appeal Will be Filed. ST. PAUL. Minn., Nov. 20. In an opin ion written by Judge Walter H. Sanborn of St. Paul and concurred In by Judges Vandevtnter. Hook and Adams, with a special concurring opinion by Judge Hook, the United Slati s circuit court for the re.Mern district of Missouri tcday handed down an opinion declaring the Standard Oil company of New Jersey an lllegul com- blnadnn operating in restraint of trade and ordered Ita dissolution. The opinion of Jhe court was filrd simultaneously In St. Louis and in St. Paul. in this decision the governm nt of tho I'nitfd States wins a sweeping victory and, according to Flank B. Kellogg of this city, who was the government's special prosecuting ' officer, the government has won every point for which It contended. The case will be appealed direct to the United Stales supreme couit, as the Judges who signed trday's decree are In effect tho Judges of the United States circuit court of appeals, although tiny wtre Bit ting for the purpose of trying this case as the circuit court for the eastern dis trict of Missouri. The decree of the court dissolving the Standard Oil trust becomes effecilve In tl.lrty days, when, no doubt, a stay will be granted for the purpose of an appeal. When the decree takes effect, unless a stay Is granted, an Injunction will lsue restraining the Standard Oil company from a further continuance of its business un der its present formation. Decree la Sweeping;. It appears from the concurring opinion written by Judge Hook that the company cannot do business under any other form with tha object of stifling competition, for he says on this subject that it Is thought that with the end of the combination the monopoly will naturally disappear, but should it not do so and the members of tho combination retire from It, except one who might perpetuate the monopoly by the aggregation of the physical properties and Instrumentalities, it would c institute a violation of the decree of the court. In the trial of the case the point was made that the Standard Oil company was a beneficent corporation In that It. by reason of economy In operation, reduced the price of its product. Tbla, Judge Hook says, can have no weight The suit was begun by direction of the attorney general of the United States In St. Louis. November 15, 1M6. Frank D. Kellogg of fit. Paul was appointed special prosecutor, assisted by Charles B. Mor rison of Chicago, Frank H. Poole and J. H. Graves of the Department of Justice; W. H. Higglns of Minneapolis and C. A. Severance of St. Paul. The Standard Oil company presented a formidable array of legal talent, !ed by John G. MUburn of New York. Its defense was that tha present organisation of the j Standard Oil corporation was the result of the natural growth of a great Industry' and that no statute had been violated. Conrt Is Unanimous. In an opinion written by Circuit Judge W. H. Sanborn of St. Paul, filed in St. Loots and St. Paul today, the United States circuit court for the district of Missouri held that the Standard Oil company of New Jersey was an Illegal corporation and ordered that It be dissolved. The case was heard In the United States circuit court at St. Louis in April last by Circuit Judges Sanborn of St. Paul, Van deventer of Cheyenne, Hook of Leaven worth and Adams of St. Louis. Judge Sanborn, the presiding Judg-i, wrote the opinion and tho decree, in which all the Judges concur, and sent by thorn to Judge Adams at St. Louis, who filed them and entered the decree In that city this morning. Enjoins Big Oil Combine. It was brought to enjoin John D. Roekefel ler, William Rockefeller, Henry M. Flagler, Henry H. Rogers, John D. Achbold, Oliver II. Payne, Charles M. Pratt, the Standard Oil Company of New Jersey and about seventy other corporations, from maintain ing a combination and conBplraoy in restraint of trade, to monopolize interstate and international commerce and the decree grants the Injunction sougtit by the gov ernment. The case is one of ths most notable in (Continued on Second Page.) the terra cotta, all of which will ba of a delicate cream shade. All th window sills and caps throughout tha exterior will be of terra cotta. while the main cornice to a depth of twelve feet will also be thus con structed. The entire building from top to bottom, excepting the busement, will b trimmed with African mahoeanv and utii n. fin ished In a manner known as cabinet work which calls for a regular piano finish. Th main entrance, vestibule, lobby, columns, etc., will b Pisanls Breche opaJe marbl and will extend from the floor lin to th bottom of the pastrd cornice. The stairway leading from the main entrance vestibule to th roof will be constructed of castlron rUein and marbl treads. All th corridors and elevator lobbies through out the building will be provided with I'entellcan marble. Th building will contain 4ro offices, be- Idea six stores and the banking rooms on the first floor. Holablrd A Roche of Chicago are the architects and the James Black Masonry and Construction company of BL Louis are the contractors. AMERICANS HAD FAIR 1R1AL Statement by Nicaraguan Legation Justifies Shooting; of Pair. ADMITTED PLACING OF MUTES Resort Says Both Cannon and Groce Confessed Trying; to Blow I'p Nlcarasruan Shops With Dynamite, WASHINGTON, Nov. 20. Official con firmation today of the execution of Cannon and Groce, Americans, by the Zealayan government, was followed by a statement from the Nicaraguan legation here. Justifying the action on the ground that the men confessed to placing mines in order to blow up two vessels carrying government troops. The State department has Just received a, telegram from the American vice con sul at Managua, in which he says the Nicaraguan minister for foreign affairs had Informed him that the Americans, who were executed on, November 12K at 10 a. m., had made a confession, in which they had admitted laying mines in the San Juan river with the object of blow ing up Nicaraguan ships. The minister also stated that tha Americans were tried by court-martial. The American vice consul stated that the commander-in-chief of tho Nicaraguan army and the mlnlster-geiural ordored the execution, which was ordered by Presi dent Zelaya. The protected cruiser Tacoma has been ordered to proceed from Guantanamo, Cuba, to Cristobal, Panama. The gun boat Marteta will be ordered to aall to Port Liraon Boon. The statement Issued by the Nicaraguan legation, is in part, as follows: "The Nicaraguan government Informs the legation that Leroy Cannon and Leonard Groce, two well known adven turera, were taken prisoners at Rio Ban Juan, and pleaded guilty to locating mines, In order to blow up two vessels carrying government troops. "They were tried by a military court, given a full hearing and sentenced to death in accordance with military laws. "Tha legation, while deploring thla in cident, feels confident that when tha facts are better known it will be seen that the military court did not exceed its powers and that the relations between the two count rlea will not suffer." i HARRISBL'RG. Pa., Nov. 20 Th parents of Leroy Cannon, confirmation of whose execution in Nlcaragu was re ceived today, have Jecldad to ask the government to open negotiations for in demnity from the Zelayan government. FOOT BALL PLAYER IN BAD WAY Student at Maryland ollege Has In. , tent! net Ruptured In y Game. BALTIMORE. Md.. Nov. 20 Willis M. Marcus of Atlantic City, N. J., a student at the Methodist Protestant Theological seminary, Westminster, Md., is at Univers ity hospital here in a serious condition as a result of injuries he sustained In a foot ball game at Westminster last Tuesday. ! Marcu " brought to the hospital her iur an operation, wnicn qidciuwu mat mi intestines had been ruptured. Late last night peritonitis set In and It is feared the young man will not recover. JANESVILLE. Wis.. Nov. 20 Verne Merrill, a member of the high school foot ball team, died today as a result of an In Jury received while playing recently. Monmouth Park at Valley. The Monmouth Park foot ball team Is making preparations for a big demon stration at Valley on Thanksgiving day, when the eleven meets th team from that place. A siieclal train will be run out of Omaha at 1 p. m., returning, leaving Valley at 10. About 100 rooters will be taken along and they expect to make t rings lively. In the evening tliei will b dancing. READY F(jii illANKSGIVINO Jury Convicts Mrs. Allan Read Woman Who Tried to Extort Money from Mrs. Phipps Held Guilty. DENVER. Nov. 20.' The Jury In the case of Mrs. Allan F. Read, charged with try ing to extort $100,000 from Mrs. Q. Chandler Phipps, today brought In a ver dict adjudging the accused guilty. COURT LIMITS LIQUOR SALE Holds Wholesalers Must Have Llcens and Establish Depot In State. PIERRE, S. D., Nov. 20 (Special.) The decision of the supreme court. In an opinion by Corson, in the case of Paul Jones Company against R. L. Yokum, lays down drastic rules In regard to regu'a tlon of the wholesale liquor business in the state. The holding of the court is that any sale or attempted sale on the part of a wholesaler who has not established a depot or warehouse at tome point In the state, and paid a license at that point, 1b a misdemeanor. A warehouse is not neces sary In case the wholesaler pays the re quired license at any place where he makes a sale. A note or account for intoxi cating liquors given to a company which has not taken out a state wholesale li cense Is void and uncollectable. This de cision practically cuts out the wholesaler who has not paid his license In the state. While it might be that he could make a sale and collect cash at the time, this is a misdemeanor, and the salesman places himself subject to a fine. In the case decided Yokum, who was a retail dealer In this city, purchased goods to the amount of nearly S&00 from the Paul Jones com pany, a wholesale whisky house at Louis ville, Ky., and gave his notes for pay ment. The wholesale house sued for col lection of the notes and got Judgment in the lower court, which was reversed, and the notes declared to be void. HASKELL PLEADS NOT GUILTY Defendants In Muskogee Land Com. pany Cases Appear In Court. i CHICKASAW. Okl., Nov. 20.-Oovernor Charles N. Haskell and his five co-defendants in the Muskogee town lot conspiracy cases appeared before Federal Judge Mar shal here today and entered a formal plea of not guilty. ASTOR'S YACHT STILL GONE Revenue Cutter Service Falls to Lo. rate th MIsalusT Vessel. i WASHINGTON, Nov. 20. Dcrplte the ef forts of the revenue cutter service to locate Colonel John Jacob Astor's yacht Nourmahal, no news of the missing vessel has yet reached Washington. Americans in Nicaragua Were Given a Fair Trial WASHINGTON. Nov. 20 Official con firmation of the execution In Nicaragua of the two Americans, Leroy Cannon and Leunard Groce, was received by the State department this morning. 8TILLWATEH. Minn., Nov. 20-That Leonard Groce and Leroy Cannon, th Americans who were put to death In Nica ragua by order of President Zelaya, war Xecuted after a fair trial by court-martial was the Information received by btat Sen ator George A. bulllvn of Stillwater today ANOTHER TERM FOR GOMPERS All Officers of American Federation of Labor are Re-Elected. NEXT MEETING IN ST. LOUIS Special Committee la Appointed Try to , Amalgamate Warring: Factious of Electri cians. - TORONTO, Ont., lov. 20. After unani mously re-electing President Samuel Gom pers, Vice President John Mitchell, Stcre tary Frank Morrison and other executive officers and selecting St. Louis ss the place for holding the next meeting, the twenty-ninth annual convention of tho American Federation of Labor, which his been In session here for two weeks, ad journed finally today. Uncertainty aa to whether an appeal to the United State supreme t court wou'd be allowed in ths Buck Stove and Range contempt proceedlnga and the possibility that Gompera, Mitchell and Morrison may have to go to Jail in the near future, hung like a cloud over the closing daya of the convention, and the re-election of the trio was the signal for a noisy demonstra tion of approval. President Gnmpers In thanking the con vention for Its action declared that it meant the principles for which he and his colleagues had declared to stand have the unanimous approval of labor and pointed out that the Injunction in the Buck fltove and Range company case appliea to every one of the 2,000,000 workers in the federa tion. Congressman William B. Wilson of Blossburg, Pa., and Thomas V. O'Connor of Buffalo were elected fraternal dele gatea to the British Trades Union con gress. The special committee which la tnf en deavor to bring about th amalgamation of the warring factiona bf electrical work era was announced today aa follows: Frank Duffy of Indianapolis, of the United Brotherhood of Carpenters and Jolnera, named by President McNulty of the recognised faction of electrical work ers; A. L. Urlck, president of 'the Iowa State Federation of Labor, selected by President J. J. Reld jf the seceding elec trical workers, and John P. Frey, editor of the Iron Moulders Journal of Cincin nati, appointed by President Gompers. Tha committee will call a convention of the two factiona within a year. NEBRASKA FINISHES SECOND Minnesota Takes First Place An. CHICAGO, Nov. 20. The annual five mile race of the Western Intercollegiate Cross-Country association was won today by Minnesota. Nebraska finished second and Purdue third. The time was 27:0s, The order of finish of the other colleges entered In the event was: Ames, fourth; Wisconsin, fifth; Chicago, sIxLh, and Iowa, seventh. In a cablegram from James M. Hall, a former Stillwater man, who for tha last eight years has been engaged In mining In Nicaragua. Mr. Hall's cablegram says: "Groce and Cannon were caught with dynamite and a dynamite machine In their posaeitslon, with which they Intended to blow up a government transport containing rJA men. They war given a fair trial by court-martial, and after confessing their guilt were executed. Both wrot letters to their families confessing tbair guilt." Rescued After All Ni?ht Siarch by , Expert Life Savers. THIRTY FOUND IN ONE BUNCH Men Had Survived Elements that Seemed Only Death. RESCUE IS AIL BUT A MIRACLE Famlllea of Miners Miraculously Chen tin the t;rlm Dlsiister Are Dased by the rm that Seems Impossible. CHEERY, 111., Kor, SO. At 8 o'olccx tonight twtuty-two survivors had been brought to th aurfno, svral of thra aro In an adrnr.cd stag of 3haustion. Seventy or mors wero belivd to b allva la th dark ramifications of tha mlio Xxparta protcotod by oaygn helmets can tiou tha soaroli. CHKRRY, III.. Nov. 20. At ! o'clock thlr afternoon it was reported that forty men were imprisoned alive. The men were reached after a wall of debris had been broken down. The survivors were Immediately rushed to the hoisting shaft and stimulants wer administered. One of the men after being brought to the sunlight after soven days entombment, was only r.ble to mutter In coherently. Ills face wus black from the smoke and slightly scorched. It appears that the men after discovering their pre dicament walled themselves in. The fltrlit utrainst death was led by Joseph Creaclnl. Crcscinl was one of tho two men brought up in the cage. He re ported bitween thirty and forty men allvr. In the south wing. In the darkness where they waited for seven days In an agony of hunger and suspense, they lost truck of time and thought that today was Sunday. Before reporters were allowed to Inter view the two men brought to the surface, doctors ordered that they should be given! nourishment. The next trip of the cage brought seven other survivors.. They were smiling and healthy save for weakness due to lack of food. Women Flaht to Reach Pit. ' Women fought with the national guards men to reach the mouth of the pit. Tho latter restrained them, explaining that t overrun the pit would only delay the r.s cue. As one by one the survivors be came visible to the multitude outvlde th rope barriers the women crowded rtund them.' When one would recognize a kins man the Joyful meeting moved many to team. JBut saddest of all was the change to despair of those who recognised no one whom they sought. By 1 o'clock this afternoon forty bnd!- of the dead miners had been brought to the surface and the majority of them Identified. Stephan Tinker, whose body was imotij the first brought to the surface today, was a local celebrity. He was small of s'.alure, but big of nerve, and served for two years as town marshal. Several months ago he was set upon by a gang of brawlers and maintained hlti title as an Intrepid officer. Two month ago he resigned his official position anJ went Into the mine. Men Cheer When Heseue. Under the leadership of Cre.-cinl such food as remained In dinner palls was as sembled and tho men put on short ra tions. In this and subsequent measure taken to safeguard the prisoners an Eng lishman who hud had previous experience of the kind shared leadership with tho Italian. When the explorers broke Into the tomb-like prison the men wera all seated, but with the ray of light whloit shot Into their prison from the llgl.ts cf the searching party theV Jumped to th lr feet and gave a feeble cheer. The excitement which prevailed among the rescuers far exceeded that In evidence among those snatched from death. When Spngatta was led to- the dining cut ho ran fairly into the arms of his wife and two children. There was a hysterical tor rent of endearing words poured from her lips and then the mother turned and kissed the feet of the- man who had brought him out. Another woman fainted In her husband's arms. When the last man wa up, women who had found none they recognized, walked about distracted, again and again r; turn ing to attack the military guard who guarded the pit. The survivors were first discovered by Superintendent Powell of Bracevllle, lil. When the men were reached some of them were talking and Joking. Among others rescued were John and Joseph Plgettl, George and John Semrich, and William Walte, a mine boss, and Wil liam Cleland. Cleland was rescued by Robert, his ow-n brother, who carried the mun to the sur face without recognizing Ills kinsman. At 2:30 rescuers came to the surface mil reported that fire hud temporarily cut oft the rescue work. A cal for fresh volun teers was Issued and immediately a score ui im-ii eiiieieu me snail, ll is ueut-vta the fire will be extinguished shortly. Crowd Uncontrollable. As fach one of the rescued men, with bluckened fice, thrust his head out of ths cage, the crowd became almost uncontroll able. Among the rescued was George Kddy, mine examiner for the company. Or. at cicdit Is given him for his work In saving the entombed miners. In one shaft blocked off from ncx oui gases, one of the entombed men became lost last Monday, and In attacking th barricade Inflicted injuries from which ha died. The scene around the shaft and tha company's offices was one of the wl d'm Jublllcatlons. "Monahan Is out. "Monahan Is out. "Billy Helm is alive." These and other names were shouted from man to man, from group to group. Not a shopkeeper In the city remained at his post. They Joined the throng of women and children In tha rush to tha scene. tjlnue Monday there hta be. n no eipur'.