The Omaha Daily Bee
WEATHER FORFXAST.
For Nebraska Purtljr cloudy.
For Iowa Snow flurrtra.
For weather report see page 2.
Titr rMifXTfK Tlrr
. 1 1U VaT' JLUU
ft ) us n tfca hrma la rand ht tria
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women !! goods for aderttseTB.
OMAHA, FIUDAY MORNING, FfiBKUAUY 11, 1910 TWELVE PAGES.
SINGLE COPY TWO CENTS.
VOL. XXXIX NO, 183.
AGREEMENT MADE
WITUINDIANS
Proposition of Winnebagoes Favor,
ably Received in Certain Phasei
toy Department in Charge.
COMMUTATION OF AKN PITIES
President Taft Transmits Tf' Affect
ing Five T .
Witness Under
Obligation to
Allds' Accuser
BELL COMPANY
IS INCONTROL
Minority Interests in Independent
Companies Discuss Status of
Ohio Litigation.
HEARING ADJOURNS FOR WEEK
President Vail of Big Corporation
Will Be Examined Then.
HYDE CHARGED 1
W1THMUKDER
Information Asrainst Husband of
1 ij A-
Colonel Swope's Niece Filed by
John G. Paxton.
WARRANT IS SWORN OUT
Fhysician Comes to Prosecutor',
Office, Where it is Served.
Evident
Ha?
at Albany Discloses Moe
wed Conger Money for.
Long Time.
.OB,
1
It
i
f
MORE TIME FOR TIL
"RS
Extension of Limit to Esta "5
dence to May IS.
CONGRESSMAN MARTIN RE.
Deadvrood Representative Saye "oath
Dakota Will Be for T ft Cap
tain Sharp la Dead at
Washington.
(From a Staff Correspondent.)
WA8HINGTON. Feb. lO.-iSprrlal Tele-
gram.)-Henry French, representing the j or "ecret expedition to me as.iemmy
Wlnnebagoes of ThurMon orunty. and Mrs. "Ide of the capltol last night to study the
Maggie Harding, Interpreter, who have layout of the assembly corridors .md corn
been In Washington some days, left today mlttee rooms where he said he pall Allds
for the west after Imparting to the com- tns H.000.
mlssloner of Indian afftilrs the desire of
the Wlnnebatroes (or changes In the sys
tem rt lrnlTiEr 4h.lr limits. Particularly.
).,, t hv. mm inrfm-mi m-e In !
those matters. They believe they have
reached the stage where they thould be
given an opportunity to manage th.lr own j
nrrnli-H. Thev idso want a hospital at'
. j ... V. hll Hounlo !
(rootmnnf. nt .!!
Wlnnebagoc. The latter request v. as
mounted anil hospital will undoubtedly
be an accomplished fact In the near fu-
ture. As to the leasing proposition, this
Is practically a matter for congressional
action.
Money fur Some Tribes!
Agreements concluded with certain,
tribes of Indians for the commutation o'
thrlr perpetual annuities under tiealy stip
ulations were today transmitted by thi
prerldont to congress, together with a
draft of a bill providing for ih'e ratlf ca,-
tion if the agreements and making the
" PocesHary appropriations. Thoje trans
mitted to congress today Include the agree
ments with the Oneida tribe cf Indlani
and Wlrconsln, the Sac and Fox of the
Mississippi tribe of Oklahoma and Iowa,
the Pottawatomie tribe of Kansas and
Wisconsin and tho Pawnee tribe of Okla
homa. Capitalization of the perpetual annuities
ot the tribes named on the basis of
por cent Interest and the depo.lt of the
funds In the treasury Is provided for In
tho agreements.
The appropriations In the draft of tho
bill are S3,wo for the Om-ldas, 120,000 for
tho 'Sac and Fox. IISO.'M for the Potta-
atomies, and ttfJO.OOO l for ..the Pawnee
Tibc. - " ' '
- Kxteuslon of Time Given. .
Regulations extendtng to May 15 the time
'or homesteaders to establish residence
n lands in several western states were
V promulgated today by the Interior dJ
' partment In accordance with an act re
cently 1 passed by congress. The. extension
refers 'to all entries, as well as soldiers'
U'uluratory statements, made In North Du
:ott, South Dakota, Idaho, Minnesota,
tlontuna, Nebraska, Colorado, Wyoming
iml New Mexico, after June 1, 1902.
ii any puj uien are requirea, as in
ta,si;B where tlie lunds were formerly within
mllan reservations, the act operates to
xtend the date the payment becomes due
intll the entry Is made.
A leave qf absence of thr-je months from
January 28 lust Is permitted these home
Head entrymen, but those who avail them
;elves of this privilege cannot claim resi
dence during their absence from their
claims, and the period of residence under
tither commutation or five-year proofs Is
not shortened by the act.
Captain Sharp Dies.
Captain Alexander Sharp, president of
the nay Inspection board and recently
captain of the battleship Virginia, died
at the navy hospital In this city at 8: 1 5
o'clock this morning after about a month's
Illness from typhoid fever. He was born
In White Haven, Mo., In 1611 and entered
the naval ' service as a midshipman In
1870.'
Representative K. W. Martin of Dead
wood, who recently returned from the
South Dakota republican meeting at
Huron this morning, called upon the presi
dent and Informed him that (South Dakota
Is for him and will support his policies.
' P. J. Harrison, registrar of the Under
alty of Nebraska, was in Washington to
day enroute home from New York. He
called upon Senators Burkett and Brown
and members of the Nebraska delegation.
E. L. Gusitln of Fremont waa In Wash
ington enroute home from Bob ton, where
he haa been the last week on business.
Rural carriers appointed: Nebraska
Hebron, route 1, Roy Brown carrier, Isetta
uruwn suoHiuuie. lowa irwin, route z,
,, , , . , . . .... , -
Paul K Vikefus carr er, Leonard K lnkefus
tubstitute. South Dakota Tulare, route
2, Herman Koeber carrier, no substitute.
1EFIES COMMISSION TO RUN
ROAD ACCORDING TO LAW
kltoruey for Rook Island Naya Reara
latloua Are 80 t'umbrraome Rail
roads Cannot Follow Them.
WASHINGTON, Feb. 10.-"The Interstate
Commerce commission itself could not take
control of any single line of railroad in
this country and run it according to the
laws regulating railroads that are now
laid down in this country. It would be
impossible. The laws are ay cumbersome
and burdensome that It Is a physloal im
possibility for the railroads to obey them."
Thus declared E. B. Pierce, general solic
itor for the r.ock Island, before the house
committee on Interstate and foreign com
merce at today' hoaiing on the adminis
tration railroad bill.
Mr. Pierce doclared that certain sections
of the measure were Impracticable.
MONEY FOR EMBASSY HOMES
l.onda Hill for SSOO,000 Annually
for Amhasaadora' Realdeneea Is
Patored by Committee.
WASHINGTON. Feb. 10. The house
committee on foreign affairs today decided
to, t.ivorably report the Lowdeo bill pro
ia' for tne expenditure annually or a
sui aot exceeding $.). OA for the erection
of Amtrtcaa etubusslea abrn-
ALU N. Y., Feb. lO.-Blnee 1S97
Hiram Moe, chief witness for Senator
Herm t ,er In his efforts to prove that
Senato. itham P. Allds accepted a. $1,000
bribe, h.: ben under heavy financial ob
ligation to the Conger family. He ad
mitted today at the senate investigation rf
Senator Conger's charge that at the. pres
ent time he owed Benn Conger, us ex
ecutor of the estate of his brother, Frank,
,13.600. In addition to this sum, the two
proton banks, which the Conger family
mtrol, hold Moe's notes for $3,000.
When they had dragged from the witness
this catalogue of his obligation to Allds'
securer, Allds' attorney announced their
cross-examination was over. Conger's legal
staff Immediately took the witness In har.d
to offset the damaging effect of his latent
revelation.
For the first time since the Invesilra'lon
began the testimony today showed oYfld-
'"'y in Alias iavor. moe w
I wnen Mr. usoorn toon up mos s re-i-neci
examination ho first brought out tint 'fact
! that the wltnesB was still deacon Mid trus-
ot a Baptist church In Groton whre he
J was a Sunday school superintendent five
ears ago.
rvi r annma
produced the New . York
originally represented the
bribe money, arid showed
! drafts which
W ttilesrd
that they were
'cleared" on April 28, 1901.
This was to prove Moe's asrertlon that he
had been In Syracuse to cash them the day
b,for8 -
"Who went with you this morning when
you visited Mr. Conger's old apartments
here?" Littleton asked when he took the
witness In hand after recess.
"Senator Conger," replied Moe.
By a rapid fire questioning Littleton en
deavored to show that Senator Conger had
carefully coached the witness regarding
this house where Moe testified he and
Conger had sorted the $6,000 Into three
separate envelopes. They had visited the
place, Moe said, between 10 and 11 o'clock
this morning.
Mine Company
Wishes to Settle
Out of Court
Widows of Cherry Victims with Six
Children or More Are Offered
Twelve Hundred.
CHERRY. 111., Feb. 19. Widows and
other surviving relatives of the nearly
300 miners killed In the St. Paul mine to
night are discussing an effort by the St.
Paul Coal company to settle out ' court
all damage suits resulting from last No
vember's mine fire. The proposal for set
tlements was brought to Cherry today by
State's Attorney Eckert of Bureau county.
It 1b proposed to pay a minimum sum ot
800 to relatives of unmarried men and a
maximum amount of $1,200 to widows
with six or more children.
It was announced that the company waa
, not guilty of any
that as Its capital
criminal negligence;
was only $3o0,000 it
could not be held for more than that
amount, and that the present offer was
made to avoid the delay of futile litiga
tion. It Is planned by the company, it waa
announced, to mortgage the mine for
$300,000 to pay the damages contemplated
under the company's proposal of settle
ment .
A mass meeting of those concerned will
probably be called. In addition to his offi
cial duties Prosecutor Eckert is attorney
for most of the Scotch widows in Cherry.
After forty-eight hours' delay Miss
Frances Wheeler, a nurse, who was
stricken with diphtheria Tuesday, was
finally quarantined today. Dr. L. V. Howe
returned today from Chicago with a sup
ply of antl-toxln.
Talk Platform
at Huron Meet
Thirty South Dakota Progressives Dis
cuss Questions Involved in
Coming Campaign.
HURON, 8. D., Feb. 10. (Special Tele
gram.) Thirty or more progressive re
publicans met here this afternoon to dis
cuss political conditions Incident to the
approaching campaign. The discussion was
confined almost entirely to suggestions for
i ... . . ,. . .
the platform, but no direct recommenda-
' . , ,. , .
dates was touched upon only Incidentally.
J. F. Bhroder of Rapid City doubtless
will be the choice of the progressives for
congressman in pluee of Congressman
Martin and Thomaa Thorson of Canton is
likely to be pitted against Mr. Burke a.i
representative of the eastern portion of
the state.
No other names were mentioned for any
position. A call will be issued for a gen
eral conference her March 1.
One Word is Responsible
for Prolonged Rate Row
A single word the error of a stenog-. Paclflo railroad were summoned to Chi-r-..K..
in ini.rnr.tlni hi. ahorthsnd notes c80 In conference over rates.:
was In part responsible for the long liti- I
gatlon in the ranks of the Transcontinental
Passenger association over tourist
rates
to the Paclffc coast for T'lO.
"We oppose last year's rates." waa the
report received by the secretary of the
passenger association from one of the
Omaha officials.
The passenger official
had used the word "propose In dlotatlng
in wiirr.
Following the receipt of the reports from
the various railroads, there followed nearly
kIx weeks ot disagreement over rates to
the coast. On two occasions officials ot
J the passenger department of the Union
EVIDENCE
SHOWS
Attorneys for Plaintiffs Say They
.Have Proved Their Case.
W. H. REMICK ON STAND
Broker Who Negotiated the Deal
with Morgan St Co. for Majority
Interests Tells of the
Transfer.
NEW YORK, Feb. 10. Counsel for the
minority stockholders In the Ohio and
Indiana Independent telephone companies,
control of which was recently sold to inter
cuts yet to be officially identified, said to
night In tho hearings held here they were
satisfied they had already proved the con
trol has passed to the American Telephone
and Telegraph company. Thai hearings
Lwere adjourned until a week from today
because the western lawyers Insisted on
next examining President Vail of the Amer
ican Telephone and Telegraph company,
and ho cannot appear before then.
Before leaving for Cleveland tonight, H.
B. 2uuGi n, una ut the principal attorneys
for the minority stockholders, who are
plaintiffs In the action, said:
"Through President Vail and W. II. Rem
ick, tho banker, who negotiated the deal,
we have already established that the Amer
ican Telephone and Telegraph company
loaned to Rcmlck's firm R. L. Day ft Co.),
without security, I7.2SO.000 for the purpose
of buying these controlling shares in the
Independent companies of Ohio and Indiana.
Number of Adnilaalona.
"They admit that the American company
wanted the companies and provided the
money to make the purchase. They admit
that the contracts, not only between tho
American company and Remlck's firm, but
between Remlck and F. W. Goff and James
S. Bralley, Jr., who had the shares of stock
to sell, were drawn In the American com
pany's office and that Remlck waa acting
for the American company.
"Further, we have shown that the Amer
ican company asked J. P. Morgan & Co. to
form a holding company for these Ohio and
Indiana companies and that when Morgan
& Co. took the holdings over the American
company released Remlck from the option
so that the transfer could be made to Mor
gan's firm.
"We believe that this shows conclusively
that the American Telephone and Tele
graph company, which owns the Central
Ui ton company in Ohio ind Indiana,, has
quieted all competition there."
Remlck, who testified today that his
profit in the deal has been "about $i0,000,"
exclusive of the brokerage on the telephone
company at Huntington, W. Va., sails for
Europe next Tuesday for a protracted
vacation.
Remlrk'a Testimony.
Mr. Remlck testified today that he had
telephoned to F. H. Ooff at Cleveland to
have the minority stockholders suit there
delayed until ho Remlck) could dispose
of the majority shares here. He admitted
that advice to get a de'.ay In the Cleveland
proceedings was given him by Chief Coun
sel Leverett of the American Telephone
and Telegraph company.
Itemlck declared that from the time he
first received tho offer from Morgan & Co.
ur.til after the deal was ended no one con
nected with the American Telephone and
Telegraph company knew tho identity of
the prospective purchas-er. He said he had
nothing whatever to do with the adjust-
1 ment of rates by the United States Tele
phone company following the sale by Ooff
and Bralley. ' Soon after that sale the
United States company raised Its rates to
those of tho Central Union company, which
Is owned by the American Telephone and
Telegraph company.
In answer to a final question from Mr.
MoQraw. Remlck said it was in the Ameri
can Telephone and Telegraph company's
offices that he told Bralley that he was
buying the Stock for himself, and not for
the American Telephone and Telegraph
company or anyone else.
I.
KENTUCKY SENATE STIRRED
BY GRAFT CHARGES BY DRIES
Committee Renins Investigation of
Aavnsatlon Liquor Interests
Are I'slnar Money.
FRANKFORT, Ky.. Feb. 10-The senate
committee chosen to investigate the rumor
given voice here before the State Anti
saloon league by Senator Watklns of Union
county, "dry" leader of the senate, that
certain members of the upper branch of
the Kentucky assembly had been bribed
by the liquor Interests of the Btate began
work this morning.
The Investigation Is supposed to provoke
much bitterness and It la declared If Wat
klns falls to produce proof sufficient to
substantiate the charges alleged to have
been made, his Beat in the senate will be
declared vacant.
Every newspaper man at the capital, to
gether with members of the s.Yiate and
house and a number of outsiders have been
summoned to appear before the committee.
It was generally known that the eastern
nirint. fdvnrMt ralelntr inn. . . ..' . -
opproxmat.ly ,2.50 from Chicago. Their
j votes, however, were not sufficient
to
swing the proposed higher schedule.
One of the western roads was repre
sented as favoring the raise. This an
nouncement caused , surprise. When the
letter of on of the western men u
, produced the correct attitude of that road
! was learned.
, ni idvur me oiu raies, exclaimed an
official. "We do not oppose them. There's
a mistake somewhere."
The final vote was a victory for
western railroads In maintaining the
rates to the coast.
the
old
WHAT
7J o r
From the Cleveland Leader.
BORAH CALLS HUGHES 10 TASK
Senator Says Governor is Enemy of
Income Tax.
GIVING COMFORT TO OPPOSITION
Addresses Senate on Brown Amend-
t. Declaring; It la Constitu
tional and Expedient la
Preaent Form.
WASHINGTON. Feb. 10. Senator Wil
liam E. Borah of Idaho took occasion in
the senate today to attack the position
of those who oppose acceptance by the sev
eral states of the proposed amendment to
the constitution of the United States
which would permit the levying of a tax
on Incomes without apportionment be
tween the states.'
Incidentally the senator paid his respects
to Governor Hughes ef New Tork, Includ
ing him by Inference among those who
profess to be in favor ' of an income tax
but oppose practical measures which would
permit its enforcement. His allusion was,
of course, to' Governor Hughes' annual
message to the New York state legislature
urging defeat if the'lJKraied amendment
on the ground that II language might
be so construed as to authorize congress
to tax incomes derived .from state and
municipal bonds.
Senator Borah pictured the mind of the
public as In a state of suspicion and dis
content toward the government and de
clared that the people could not much
longer be withheld from radical action if
taxation were continued in protection of
wealth and in exemption of "incomes which
sustain luxury and breed Idleness and
idiocy." The senator said In substance:
Early Court Decisions.
"The history of the Income tax since
1894 has not been one which any citizen
can recite with pride. For a hundred
years a rule of construction as established
by the men who helped td write the con
stitution had received the approval of an
undivided court time and time again. Dur
ing this period there sat upon the bench
of the supreme court some of the greatest
lawyers of that or any other period of
this or any other country. During this
period the wealth of this country had not
become so domineering, so powerful, so
determined to have Its own way. During
this perlqd, therefore, we had under the
constitution the right to impose a part
of the tax upon wealth and a part upon
consumption and we did so.
, "In 1894 and 1895 these precedents were
overturned; this constitution received an
Interpretation unknown to its makers. In
the face of two most powerful dissenting
opinions to which two other Judges ab
sented the humiliating and astounding doc
trine waa announced that the makers of
the republic had hedged wealth about so
tha't the taxing powers of the government
could not reach it even In time of war;
that the founders of a government based
upon equality and Justice had made It Im
possible to divide the burdens of govern
ment between consumption and a large
class of gathered wealth. Last session of
this body we were called upon to ratify
and declare by express act our assent to
that interpretation. Under the rule of the
majority we did so. We submitted this
proposed amendment to remedy this sup-
(Continued on Second Page.)
Tailors are daily
receiving pretty
spring suiting pat
terns. One must
call early in the sea
son to get the pick
of these.
Order now while they are not
rushed and you will be more sat
isfied with the work done.
On the want ad pages un
der the classification "Tail
ors", is a complete list of
Omaha's representative tail
ors. Many are making special
inducements for your early
spring order.
Have you read tL want ada today?'
"Yes, Something Must Be Done.
Taft to Confer
with Party Men
on the Situation
New Tork Republicans Seek Candi
date for Governor Acceptable to
President and Hughes.
WASHINGTON, Feb. 10. President Tart's
visit to New Tork on Saturday, It is ex
pected, will be made the occasion of an
Important political conference regardingi
New Tork state conditions. ' This confer
ence probably will take place at the home
of Lloyd C. Grlscom, the new chairman of
the New Tork county republican committee.
Efforts will be made to have Governor
Hughes attend the conference.
The republicans are said to be anxious
to get a candidate for governor who will
have the support both of President Taft
and Governor Hughes.
In view of the many rumors of various
aorta which have gained circulation in
financial districts and elsewhere regarding
the attitude of the administration, Presi
dent Taft'a speech before the republican
rlub of Mew Tork on Saturday night at
the Lincoln day dinner will be followed
with unusual interest.
It wp.s said today that the president will
take advantage of this opportunity to say
that the republican party went before the
American people In 1908 with certain well
defined pledges In its platform.
He will contend that these pledges must
be carried out, in fact as well as in spirit,
and that he will do all In his power to see
that they are carried out-
War Carried to
Coffee District
American Plantations Are Subjected
to Marauding Expedition in
Nicaragua.
MANAGUA, Feb. 10. Matagalpa province
is overrun by revolutionists, who are mov
ing toward Muymuy. This section Is occu
pied largely by American-owned coffee
plantations, which have been seriously
damaged by the depredations of recruiting
jartles sent out by the government. Tho
danger to American Interests is doubled
now that General Chamorro's forces are
also In the district.
Despite repeated protests made by the
American consul, Ollvares, American plan
tations have been raided and left bare of
laborers, who havo been drafted Into the
government army. As a result the coffee
crop ia In danger of being a total loss.
FOWLER MAY SUCCEtD ELLIS
President Taft Leaves Appointment
of Assistant to Wicker
sham.
WASHINGTON, Feb. 10. -President Taft
will leave to Attorney General Wlckersham
the selection of a successor to Wade H.
Ellis, the special assistant In charge of
trust prosecutions, who resigned several
days ago to enter polities in Ohio. It was
said today that Mr. Wlckersham probably
would name James A. Fowler of Tennes
see, now an assistant attorney general In
the Department of Justice. Several other
names, however, are under consideration.
Spitzer Says Sugar Trust
Made a Scapegoat of Him
NEW YORK, Feb. 10 "The sugar trunt
made a scapegoat of me. It deserted me
absolutely. It hounded and ruined me after
I served It faithfully for twenty-nine
years."
Oliver Spltxer, former dock superintend
ent of the American Sugar Refining com
pany's plant at Williamsburg, thud ex
pressed himself, after he had heard a sen
tence of two years In the Atlanta prison
Imposed on him today by Justice Martin.
Spitzer was convicted for conspiracy to de
fraud by underwelghlng sugar.
In broken tones Spitzer bitterly ar
raigned the sugar trust, saying:
"1 started with the company in 1886 a
boy and by Industry worked my way, step
by step, until I became superintendent of
docks at Williamsburg.
"It has been reported that I was receiv
ing big pay from the trust. Aa a matter of
fact I got a salary ef $-rG a week. The ex
penses of this trial have cut into my
savings and left me practically a ruined
man.
MEMPHIS BANK SAFE BLOWN
Robbers Succeed in Getting Twenty
Six Hundred Dollars.
C. C. DECK "COVERED" DURING JOB
Man MvlnT Near the rtanU Is Forced
to Sit Idly By While Thleres
Are tracking: Strong:
Doi,
MEMPHIS. Neb., Feb. 10. (Special.) The
B&nk of Memphis was broken Into and
robbed between 2 and 3 o'clock yesterday
morning. The robbers took a hammer and
knocked the dial to the safe off and In
jected nltroKlycerlne Into the opening, five
charges being given before the door
.yielded. About four ounces of nitro
glycerine In a bottle were left behind In
the bank after the robbers completed the
Job. The safe, contained 2,0-:i.J7, of which
$17.60 was In gold. $3S0 In silver and vhe
balance In paper money. The robbers broke
Into the Burlington railroad section tool
house, and took tools with which to effect
an entrance through tho front door of tho
bark. Grain doors wore taken from the
twp elevators and .barrels from the stores
and used for barricades. There were four
or five men on the Job.
Deck "Covered" by Gan.
' Charles C. Deck, who, lives In a residence
east of the bank, saw the robbers at work,
but could not give any warning, aa two
of them covered him with guns while the
others put in the nltro-glyeerlne. Robert
Skelton, section foreman of the Burlington,
found 140 In damaged and partially torn
bills about 200 yards east of the depot
when he went to work this morning, which
It Is supposed the robbers purposely left
behind to avoid detection In attempting
to vse any of the damaged bills later on,
as the bank was about to send them to
Washington for redemption.
The total loss to the bank, which Is
largely owned by Ashland capitalists, Is
$2,600, while the bank had Insurance
amounting to $3,500, at d r.one pf the de
positors will lose from the robbery. The
bank has Issued a reward of $2,000 for tho
capture and conviction of any or all of
the robbers.
While it Is not definitely known 'which
direction the robbers took after completing
the Job, it is . thought they were headed
for Omaha, from the direction In which
the damaged bills lay when found. A gang
of 100 Ico men came from Omaha to Mem
phis the night before to finish the Ice
harvest at Armour & Co.'s lake, but ten
of these wfre laid off, as there was nM
enough work for all, and It was at first
thought some of these men had a hind in
the robbery, but the Job looks like the
work of professionals.
. The safe of the Ceresco State bank was
cracked about fourteen months ago and
over $2,000 was taken. Phorlff Dalley from
Wahoo and detectives from Ijlncoln have
been summoned and are working on the
case.
'no denial from storms
President at Iowa State College Will
Not Talk of Reported Res
ignation. BOONE, la.. Feb. 10. (Special Telegram.)
Dr. A. B. Storms this morning, in an In
terview, refused to deny he will resign
from the head of the Iowa State college at
the end of the present year. He said the
educational board must give out any de
velopments In the college situation.
"In the alleged fraud prosecution the
government cried for a victim and the
sugar trust answered by sacrificing me
and four $18 a week checkers. None of us
was guilty of any breach of the law, but
somebody had to go to prison to save those
'higher up.'
"They sud I had knowledge of the ma
nipulation of the scales at the sugar docks.
I don't think I was In tile scale iiouae once
during the last fifteen years. I had no
occasion to enter them. As to the corset
steel said to have been discovered in a
hole In a set of scales I know nothing about
It and seemingly no one else except Parr,
who clulms to have found It later.
"I am going to Atlanta today because I
directed my counsel not to apply for a stay
of execution. I did not want to place my
self in the same sort of a position as Mr.
Morse found himself in. ,
"I am not saying this because I antici
pate that my conviction will be upheld by
the courts. On the contrary, on an appeal
I expect the conviction to be reversed and
a new trial ordered"
HEARING AT INDEPENDENCE
Bail is Fixed at $25,000 at Sugges
tion of State.
GRAND JURY TO TAKE THE CASE
Court Calls Special Venire to Make
Thorough Investigation of the
Whole Mystery of Deaths
and Sickness.
Bl LI.KTIV.
KANSAS CITY. Feb. 10. Prosecutor
Conkllng and Mr. Paxton reached Kansas
city at i o'clock and found Dr. Hyde and
the hitter's attorneys awaiting them In
the prosecutor's office. The party at onco
repaired to the marshal's office. There
the warrant was served upon Hyde. After
a few preliminaries the party started for
Independence, where it was intended to
arraign Hyde Immediately before Justice
Lour and arrange the matter of bond. In
consideration of Dr. Hyde's action In sur
rendering and the fact that the grand Jury
Is to investigate Prosecutor Conkllng
n7rtv1 to fv the hnnd st t2t000.
KANSAS CITY, Feb. 10.-A climax In the
Swope mystery camo late this afternoon
when John G. Paxton, tho family coun
sellor, filed an Information at the office of
the county prosecutor formally charging
Dr. Bennett Clarke Hyde with murder in
the first degree, holding him responsible
for tho death of Colonel Thomas H. Swopo.
A warrant for tho arrest of Dr. B. C.
Hyde, charged with the murder of Colonel
Swope, was sworn to by Prosecutor Conk
llng at 3:1.1 o'clock, before Justice of the
Peace W. F. I.oar at Independence. It was
bused upon Information previously filed by
J. G. Paxton, charging murder In the first
degree. Mr. Conkllng then Immediately
started for Kansas City, ten miles away,
to serve tho warrant.
In the meantime Dr. Hyde and his attor
neys started for the prosecutor's office to
accept service.
Ball had been arranged for by Hyde and
it was considered probable that he would
be released promptly.
Grand Jury Is Called.
Judgo Ralph S. Latschaw of the criminal
court at noon today Instructed the county
marshal to empanel a special grand Jury
to convene Saturday morning at 10:30 .
o'clock to Investigate the death of Colonel
Swope.
The grand Jury Investigation wilt go Into
every phase ot the Swope mystery. The
Inquiry will not be confined to the death
of Colonel Swope, but the death of Chris
man Swope and the epidemic of Illness In
the Swope household will be the subjeta
of an exhaustive Investigation.
To thwart the efforts of the opposing at
torneys to secure the deposition ot Dr. B.
C. Hyde, upon the order of his attorneys
for an order of dismissal today, the circuit
court at Independence, Mo., today dis
missed the suit brought by Dr. Hyde de
manding $10,000 from John G. Paxton and
other defendants for alleged libel. Dr.
Hydo had been subpoenaed to give bla
deposition In this suit today.
Next Step Not Announced.
All persons connected with the case were
unwilling to bo quoted, on the probable ac
tion that might be taken next. The dif
ferent sets of attorneys spent
the morning in secret conferences.
At the offices ot Virgil Conkllng,
the county prosecutor, and Coroner Zwart,
also, the case was gone Into behind closed
doors. It was evident that aome decisive
move was pending, out none in authority
would vouchsafe a guesB at to what the
next step would be.
Tho coroner, It was asserted, was plan
ning to hold tho Inquest over the body of
Chrtoman Swope as soon as the Chicago
chemists finished their examination ot the
organs of the nephew of Colonel Thomas
H. Swope.
This second Inquest would be held. It
was said, regardless of what the prosecutor
might see fit to do.
BELIEVED R0BNETT HAS
BEEN FOUND NOT GUILTY
Finding In Court-Martial of Paymas
ter and Surgeon Mar Be An.
noaneed Today. ,
WASHINGTON. Feb. 10. It Is expected
that Assistant Secretary Wlnthrop. wlllUo
day dispose of the court-martial cases of
Paymaster George P. Auld and Surgeon
Ansey II. Robnett, recently tried at the
Charleston navy yard, Boston, on charges
of conduct unbecoming an officer and a
gentleman In connection with an assault
on Dr. F.dward Spncer Cowles at a navy
dance.
While no official announcement has been
made, naval officers In Washington are
practically unanimous la the opinion that
tho numbers which the court recommended
should -be lost in the case of Paymaster
Auld will be remitted. A severe reprimand,
however, Is looked for.
It Is not believed that the court haa
found Surgeon Robnett guilty.
BILL TO ABOLISH ALL BUT
ONE PENSION AGENCY
Appropriation Committee Favors
Maintaining Only Washington
Office.
WASHINGTON. Feb. 10.The abolish
mint of seventeen out of eighteen pension
agencies In the country Is recommended to
the house by the appropriations commit
tee In the report on pension bill submitted
1 today. The only agency will be located at
Washington.
BILLS FOR C0NG0 REFORM
Ilelgtmn fioveratnent lias Measures
for llrlief of Condition of
Negroes.
I'.RrsSELS, Feb. 10 The government
has 1 labor at til a series of measures for
reforms In the administration, of the af
fairs of Belgian Congo. The question of
labor and the system of land taxation bat
received special atter"""