AKT OBI
unday Bee,
NEWS SECTION
JPAQZS OnX TO KXQXT.
WEATHER FORECAST.
For Ncbroskn Fair ami warmer.
1'or Iowa- Fair Ptiil warmer.
VOL. xxxix-no. :yx
OMAHA, SUNDAY MORNING, MARCH 13, 1910-SIX SECmONS-FORTY PAOES.
SIXdLK COPY FIE CENTS.
The
Omaha
TirrrT i ATirnirn
ATTORNEY CLASH
Mr. NeUon Accuses Mr. Pinchot't
Lawyer with Trifling with Com
mittee and Latter Resents It.
DAVIS IS STILL ON STAND
Chief Engineer Contradicts More
Statements of Mr. Ballingtr.
"BLACK TENT" AFFAIR COMES UP
Lecture Tour of Purchasing Agent
Perkins is Discussed.
CHARGE OF GRAFT MADE
Witness Says Mr. Perkins Was Paid
ffior) a Month by llarrlman Lines
mid that He Ilooteil Materials
Over Their Roads.
WA8HINOTONT. March 12. A sharp clash
occurred lirtwwn Senator Nelson, chair
man of the Ilallinger-Plnchot committee,
and Attorney Pepper, counsel for Olfford
I'inchot, near the close of today's session
of the Inquiry, when Mr. Nelson accused
the lawyer of "trifling" with the com
mittee. While with aneer, Mr. Pepper demanded
to know if that wan the judgment of the
commttteo and several members ex
claimed, "let It pass," he ald a reflec
tion, which he resorted, hud been cast
upon him and he Questioned the sena
tor's right to make such un accusation.
Mr. Pepper was referring to several
letters In the record In an endeavor to
have Chief Engineer Davis of the recla
mation service, who was on the stand,
refute several statements attributed to
Secretary llalllnger to the effect that
restorations of certain lands In the west
to public entry after they had been with
drawn under Secretary Bollinger, had
been made on recommendation of the re
clamation service. Chairman Nelson
thought it was a waste of time to go
over ground already covered and objected
to the reading of the, letters. In each
Instance In which the question was put,
the witness replied that Mr. Balllnger
had made a misstatement.
Statements Versus Facts.
"Now I have come to the point I was
after," raid Attorney l'epjer. "At the con
clusion of your direct examination this
morning you mid: 'I want it understood
that I do not wish to Insinuate In anything
that I have said that Secretary Balllnger
has Intentionally or consciously dono a
wrong act. I do not bcllevo hj has.' Will
you explain your clatement more fully?"
Mr. Davis said ho merely meant to dls-
olalm any Intimation that Mr. Balllnger
had done wrontf. He referred only to his
acts, he continued, and not his state
ments, for many of thef were wrong. He
did not lndicato wlitther he thouxht Mr.
Balllnger had "intentionally or con
sciously" made a misstatement.
Mri Davis concluded his testimony be
fore the committee today and was excused
at the end of the uftrenoon session. He
flatly contradicted Secretary Balllnger in
several statements and said the two did
not agree on' many reclamation matters,
although both had been, and he hoped still
were, good friends.
Pnrrhastnir A Bent Perkins.
The Bo-called "black tent" affair figured
conspicuously In Mr. Payls' testimony. He
said that K. T. Perkins, purchasing agent
for the reclamation service at Chicago,
went through the west lecturing In a black
tent to advertise reclamation work under
orders of Secretary Balllnger. Ttio officials
of tho service were subsequently Informed,
ho said, that Perkins was getting an allow
ance of $UW a monlh from the llarrlman
railway lines in addition to his $3,200 salary.
Mr. Davis said Perkins proved his fidelity
to the llarrlman lines by shipping Bit per
cent of material from Chicago to Meza,
Art., where tho reclamation service has
been engaged In a project, by way of their
lines, which made tho longest and most ex
pensive route.
Tho committee will be In session next
Friday and Saturday. It is expected that
Director Newell of the reclamation service
will be culled as the next witness.
tut In Ilerlumatlon Sularles.
When the hearing was resumed this
morulng, Mr. Davis was still under direct
examination and he was questioned
further as to Interviews with Becretury
Balllnger. He declared that the head of the
Interior department had continued con
stantly to criticise the reclamation service
and that within the last week had told the
witness he thought the salaries paid In the
ervice were too high and that he proposed
new salary scale. Mr. Davis said the
rumor had persisted . that Director Newell
as slated to go.
The witness referred .further to the
enmity against the service in some com
munities In the west. Senator Sutherland
ought to show that much of the dissatis
faction was due to the fact that on some
projects the original estimate of the cost
of water had betn Increased from $20 to a
final charge of $J0 an acre. Mr. Davis ad
mitted that this "might" be the cause of
some of the discontent.
Mrf. Davis continued to contradict state
ments made by Secretary Ballinger. Refer
ring to a letter In which Secretary Bal
llnger had stated that he had ordered cer
tain words on a sign at Toluca, Mont,
painted out. Mr. Davis declared that no
such orders had ben Issued and that the
words had never been erased.
When his direct examination had been
concluded and he was being questioned by
numbers of the committee Mr. Davis sud
denly remarked:
"I want It understood that I do not wish
to insinuate In anything that I have, said
. that Secretary Balllnger has intentionally
or consciously done a wrong act. I do
not believe he hs."
'the witness thought it decidedly "bad
Uct" for Perkins to lecture on the beauties
of Southern California and Arizona when
he was lu Minnesota. He also thought
the taking of Perkins away from his regu
lar work was a subject for criticism.
Kot the Same Instance.
Mr. Vlrtrees read Into the reoprd a
letter written by Director Maxwell on July
11 to Senator Lafulktte. In which Mr.
Newell said he had recommended to Sec
retary Balllnger that certain lands with
drawn under the Garfield administration
be restored slowly, as not to attract public
aiteiUiim. He sought to draw from the
witness the admission that it was upon
this t coii.n.endutloti that Mr. Balllnger
had Instructed liliu U withdraw lands
(Continued on Fifth Page.)
Iowa Senators
Talk Political
Situation at Home
Cummins and Dolliver to Meet Al
leged Attempts to Discredit Them
with Their Constituencies.
WASHINGTON, March 12. - Senators
Cummins and Dolllver were In conference
for more than an hour today, relative to
the political situation In Iowa as affected
by the recent Des Moines conferenos of
administration republicans.
The announced purpose of the Des
Moines meeting was to arrnnxe a cam
paign In the Interert of the administration.
The Iowa senators Interpret this to moan
that there Is to be systematic effort to dis
credit them In the stiUo and especially Le
fore tho next state republican convention,
which will be held some time during the
summer.
They understand that from this time
forth tho state Is to bo canvassed with the
end In view of nominating delegates to the
convention who will be willing to censure
them for their course In the :na.te. They
have antagonized the administration not
uiuy on me tanir, out on tne pomai lav -
...(,. i-niiiv mil miiu inru- course nu wen
disapprove d by some of their constituents
"We are ready to mt thn Issue." raid
Senator Cummins today after his talk with
his colleague. "We cannot, of courre,
Ifave our duties here for the present, but
wo do not doubt that our friends will take
care of our Interests. Of course, we
deprecate the effect of the conflict upon
the party, but ro far as our personal In
terests are concerned we could have hoped
for nothing better, as It will give us an
opportunity to make a fight and to show
why we have pursued the course we have
p.irsued in Washington. We do not fear
the results."
Wrecked Sailors
Worn by Exposure
Four of Six Men Who Left Wreck
January 7 Are Picked Up
by Cutter.
SEWARD, Alaska, March 12. Worn and
exhausted by almost incredible hardships
and bearing the murks of weeks of battling
with icy gales, four of the six men who on
January 7 left the wreck of the Parallon
on Cook Inlet and In a rowboat undertook
the desperate task of rowing to procure
relief for their companions, were brought
Into Seward Just before midnight last night
on the revenue cutter Tacoma, which after
almost three weeks' of searching for them
found them at Afognak. The Tacoma
brings word that the two remaining mem
bers .of the boat's crew are alive and safe.
Bealdes expouure to the cold, the men
suffered from lack of sufficient food.
Added to their hardships was dtilay caused
first by the loss of their rowboat, which
was crushed by Ice, an later by the sink-
ins; or a sixteen-foot- bout 'In which, after
reaching Kafllor bay In an old skiff, they
had dug out of the snow, they were trying
to cross the straits.
When the sixteen-foot boat went down In
a gale the men barely managed to make
shore at Cape Ugat. Thence they made
their way overland to Afognak, where the
Tacoma found them.
SMALL DAMAGES FOR LIQUOR
DEALER ATTACKED BY WOMEN
Verdict of $100- Held Sufficient for
Wrecking; of Anthony, Kan.,
Joint.
TOPEKA, Kan.. March 12.-A mob may
attack a Kansas saloon keeper, smash his
bar and pour out all his liquor, but he can
recover only nominal damages, according
to a decision today in the supreme court of
Kansas.
The decision was rendered In the ease of
George D. Stevens of Anthony, keeper of a
saloon.
Anthony women raided a saloon owned
by Stevens. The women smeared Stevens
with eggs and smashed his saloon fixtures.
Stevens sued the city and was given $100
damages. He had demanded 11,000, the value
of the saloon fixtures, and appealed. The
supreme court held $100 was sufficient dam-
FIRST TKAIN TO PASS SCENE
OF WELLINGTON AVALANCHE
Great Northern I.lne Cleared
Engineers After Tlenp of
Three Weeks.
by
SEATTLE, March 12. A Great Northern
train started east over Its own track to
day, engineers having cleared all the ob
structions at Wellington. The main line
had been tied up for more than three weeks
and this Is the first train to pass the scene
of the avalanche.
MAN AND WIFE DRINK POISON
SEATED AT BREAKFAST TABLE
A fed Physician and Spouse Die
After Draining- Glasses of
Potion.
PHILADELPHIA. March 12. Seated op
posite each other at the breakfast table In
their apartments In Filbert street today,
Pr. Charles C. Benson, 73 years old and Ms
wife, Isabel!, 67, drained two glasses con
taining poison, and died soon after.
Bank Robbers and Citizens
Meet on Railroad Tracks
BEATRICE Neb., March ll (Special
Telegram.) Soon after the Virginia bank
robbery this morning a party of Buchard
citizens, upon returning home from Center,
Kan., on a hand-car, met the three rob
bers who are supposed to have robbed the
Virginia bank, riding east on a raUroad
velocopede on the Northwestern road. The
robbers forced them to remove the hand
car a.) they could pats. It is believed the
men, after raiding the bank at Virginia,
stole the machine at that place and used
It In making their escape. Officers have
been notified along the line and It Is
thougnt they will succeed In capturing the
robbers.
Three robbers at 1 o'clock this morn
ing blew tha safe or the State Bank of
Virginia and escaped after engaging In a
running fight with citlsens, who were
aroused by the sound of tha explosion. It
THREE MEDIUMS
ARE ELIMINATED
Bodies Expected to Aid in Settlement
of Philadelphia Strike
Cannot Act.
CIVIC FEDERATION MAY '
It Will Offer to Mediate at
of Both Sides.
LITTLE CHANGE IN SITUATION
More Cars Are Running and City is
Generally Quiet.
POLICE ASKED TO ORGANIZE
Committee of Ten Requests Officers
to Cast Their Lot with Other
Workers of City Statement
of Director Earle.
j PHILADELPHIA, March 12.-Three of
win rour mediums which Philadelphia hoped
a strike settlement might be reached were
today practically eliminated. Yesterday it
was hoped that either Prealdent Taft, the
bankers of Philadelphia, the National Civic
fedeiatlon or the local counctlmanic bodies
would find a way to lend a hand to stop
the strife.
Today word enme from Washington, un
officially, but on seemingly good authority,
iliat the president, through the Department
of Commerce and Labor, could not see his
vty clear to Intervene. The reason given
was that tho trouble Is purely of a local
character.
Bankers declared that the financial Inter
ests probably would keep their hands off
the fight. The president of the Philadel
phia Clearing House association took a
strong stand against Interfering unless the
Amalgamated Association of Street and
Electric Railway Employes agreed to re
cede from Its stand on the question of ex
clusive recognition of Its organization.
Whether the National Civic federation
will take up the strike settlement and the
councilmen can be forced, to take action
remains to be seen. Another telegram was
sent today to Seth Low, head of the feder
ation, asking that that body offer media
tion. Mr. Low replied the federation would
do so If ho could be assured the offer
would be acceptable to both sides.
Little Chans; In Situation.
There was no change today In the gen
eral strtek situation ,The Philadelphia
Rapid Transit company placed a few more
care In operation and with the exception
of the Kensington district, they met with
comparatively little trouble.
There were reports 'of accessions and
desertions in the ranks of the general
strikers, but their numbers were unim
portant either way.
Emplayers predict that Monday will see
the beglning of a general break amor.g
the sympathetic strikers, and dozens of
local unions held meetings today and to
night to lay their plans to hold the men
together.
There was the usual number of distur
bances in the Kensington district late
this afternoon. Many cars were stoned,
but at only one place did the police have
much trouble. It was noticed today that
the police refrained from using their clubs
In dispersing crowds and this gave rise
to a report that orders bad been given to
not UBe unnecessary force In handling the
throngs.
Chief Source of Trouble.
George M. Earle, Jr., one of the city
representatives on the board of directors
of the Rapid Transit company, has Issued
a lengthy statement explaining the labor
situation as he views it. He declares that
the chief trouble lies In the fact that the
Amalgamated Association of Street and
Electric Ralway Employes, having won for
Itself the right to appeal to the company
through a committee, sought to retain that
right exclusively and to forbid it to men
who were not members of the association.
Mr. Earle also announced that he had
offered his resignation as a director, in
tending to take up the cause of the men
In an effort to have their grievances ad
Justed, but that the strike Intervened and
he refused to resign under fire.
Director Henry Clay of the department
of public safety said this afternoon that
a canvass made by tho police In the tex
tile mill districts showed that In a few
of the mills some employes had returned
to work today and that he had Informa
tion that on Monday or Tuesday next all
of the employes of sixty-five plants would
return to work.
Union bakers employed by a big depart
ment store have gone on strike and seri
ously crippled the supply of bread sold In
that Btore. The store began business with
2,000 loaves and these were soon sold.
Ask Police to Organise.
The committee of ten which Is conducting
the general strike has appealed to the po
licemen of the city to Join them as mem
bers of the working class, to assist the
strikers In the prevention of any more
riotous scenes.
The petition to the police In part Is as
follows: ,
"Get together and organise yourselves
and let the law-defying bandits who pre
cipitated this strike and who have per
sistently refused to end it understand that
you at least will not represent anarchy.
Organise and caot your lot with us and
I:
establish a precedent for other and future
trlkes."
Is not known how much money was taken
but President A. W. Nlckell, who lives
here, says the sum In the vaults was not
large. The entire front of the building
was demolished.
John D. Westcott, telephone operator at
the Virginia exchange, who sleeps in the
building next to the baok; wa aroused by
the shock and alarmed the citlsens. The
robbers had completed their work by this
time, however, and though a number of
shots were exchanged on tha streets, so
far as known no one was hurt. Charles
Hall of Virginia Is cashier.
Bloodhounds have been sent from here
to Virginia, which Is a few miles from
Beatrice, and especial efforts are being
made to keep the scene of the robbery clear
to give the dogs a good scent In hope of
capturing the men.
The robber aetfured about 12,000.
mmm LAW U
WS '
From the Philadelphia Inquirer.
DUMP BRYAN? GUESS AGAIN!
Political Activity Among Democrats
of Country Due to His Work. .
BIG SCARE OVER ANNOUNCEMENT
C. W. Bryan mt Lincoln Said to Have
National Machine that la Fright
ening; Bla; Bua-s of Party
Already,
(From a Staff Correspondent.)
LINCOLN, March 12. (Special.) The re
cent statement sent out from Washington
that democratic congressmen were going to
try to dump William J. Bryan, the meeting
of Norman Mack and Roger Sullivan and
other leaders of the party In San Antonio
and the prospective democratic conference
In Hot Springs created little or no surprise
around here to those who keep in touch
with the Commoner office. . ,., ....
Those democrats who met In Washington
will either dump Mr. Bryan or Mr. Bryan
will dump them.
In, every district in the United States
where there is a democratic congressman
who voted for the tariff bill or In any way
opposed the Ideas of Mr. Bryan regarding
that measure or who' lent aid and encour
agement to the republican organization In
congress Mr. Bryan will fight. He will
urge the selecting of men who advocate
his policies.
The meeting of the congressmen was the
result of their knowledge that the fight Is
on. Those congressmen have heard from
home. Mr. Bryan Is In touch with their
constituents and he has advised these con
stituents that It Is their duty to select con
gressmen Who will uphold the teachings of
"Jefferson and Jackson" and who will op
pose a protective tariff, even though pro
tection would benefit their Individual dis
tricts or states.
In sending out the suggestions from tho
Commoner office It is presumed that some
of the letters fell Into the hands of the
enemies of the presidential candidate, while
ethers who received them have evidently
got busy to carry out the instructions.
Thus it was not long before the congress
men heard of what was going on.
C. W. Bryan's Machine.
Thos ho pretend to . know are of tho
opinion that C. W. Bryan, who looks after
the political and business Interests of the
presidential candidate, has the most gl
gantla organization of any tingle Individual
in the United States. Mr. Bryan keeps in
touch with this immense organization not
only through the Commoner, but through
letters as well, and he secures from thou
sands of democrats and committeemen in
formation by which he Is enabled to whip
the so-called leaders of his party at every
Jump of the road. By means of his organ
ization C. W, Bryan Is not compelled to
rely upon the so-called state leaders of his
party when he desires a policy endorsed,
but he appeals dlreotly to the rank and
file of his party and to the precinct com
mitteemen, and the thing. Is dona.
Thos who pretend to know say that It is
nothing unusual for C. W. Bryan to send
out from 60,000 to 76,000 letters, and even
more, In a single week to precinct commit
teemen and others who compose his organ
ization, and to them he suggests the things
they should do to bring about endorsement
of democratic principles by the democratic
party.
In Nebraska the Bryan organization is
not only going to look after the selection of
"progressive" democratic candidates, but
it Is also going to see to It that no democrat
who does not endorse county option secures
a nomination for the legislature without a
fight. Tha democratic candidate for gov
ernor who does not pledge himself In ad
vance to sign a county option bill, if the
one to be proposed passes the legislature,
will not get a Bryan endorsement.
On this question Governor Shallenberger
(Continued on Fifth Page.)
This morning you
will find the classi
fied pages unusual
ly full of interest.
Interesting from every
body 's standpoint.
You read them last Sunday.
Read them by all means to
day. There are more of them
today and they tell their own
story.
A REIIEAKSAL.
Lillis is Taken
Home Secretly in
Cheerful Mood
He and Cudahy Resign from Exclu
sive Country Club Former is
Cited Before Board.
KANSAS CITT, March 12. After nearly
a wetk spent at a hospital waiting for the
knife wounds Inflicted by J. P. Cudahy,
the packer, to heal, Jere F. Llllls, presi
dent of the Western Exchange bank of
this city, was able to be removed to his
home last night.
The fact that Mr. Llllls had left the hos
pital was' kept from the public till this
morning.
In response to a telephone call a nurse
at. the Llllls residence this morning said
that the banker was getting along "splen
didly," but no further Information was
obtained from this source. Hospital at
tendants stated that the banker's wounds
were fast healing and that when he left
that Institution he was In a very cheerful
mood.
It developed today that the directors of
tho Country club, one of the most ex
clusive clubs In the city, adopted a reso
lution on Thursday night last, citing Jere
S. Llllls to appear before the club and show
cause why he should not be dismissed from
its membership roll. Mr. Llllls in reply
sent In his resignation. The resignation
has not yet been acted upon.
At the same meeting the directors re
ceived the resignation of J. P. Cudahy,
which had been sent In voluntarily. Mr.
Cudahy's resignation was accepted.
Woodruff Slated
for Decapitation
New York State Leader Object
Attack by Hughes, Root and
Administration.
of
NEW YORK, March 12. Senitor Root's
reported Intention to visit hero tomorrow
has caused much political speculation, and
an effort will be made to deposa Timothy
L. Wocdruff as ehairrr.an of the Republican
State committee. The si-lection of State
Senator Cobb as president pro tem of the
state senate, has brought the Issue to a
focus and it was understood generally
that the' administration with Governor
Hughes and Senator Root would accept the
challenge of the Woodruff organization and
seek to rout the so-named "old guard."
Million Dollar
Depot Wrecked
New Structure at Winnipeg Collapses,
Killinp; Two Work
men. WINNIPEO, Man., March 12 The roof
of the Jl.000,000 Union depot here collapsed
this afternoon, killing two workmen end
Injuring several others.
Mrs. W. K. Vanderbilt Flips
Train and Fools Reporters
She saw them coming.
Mrs. "Willie" K. Vanderbilt, Jr., pretty,
complaisant and debonair, can flip off a
train better than the average woman, and
with more skill than most of them.
Anyway, she did the trick at Union sta
tion last evening, and l y leaving htr p.lvate
car by the front vestibule craftily eluded
newspaper reporters and correspondents
who were waiting at the observation end to
welcome her to the city.
Later, however, she granted them an In
terview, but not until she had personally
filed a number of telegrams in the depot
office to make certain that they were prop
erly on the way. But she didn't say much
that Is for publication.
"I don't want to be interviewed." she
said, smiling. "I knew you men would be
at the observation platform to ask me all
sorts of questions about chantecler hats
and woman's suffrage. That's why I left
b ythe other door.
'I'm Just off oa vacation with my clill-
t
: 1
MONDAY MAY SEE TIEUP
Possibility of Far Reaching Railroad
Strike Looming on Horizon.
COMMITTEES. IN SESSION HERE
Ominous Silence Maintained by Men
at Chicago Toduy Likely to Be
Broken by nn Early Or
der to Strike,
BULLETIN.
CHICAGO, March 12. Admissions were
made on both sides tonight that the con
troversy between the 80,000 firemen oper
ating on l.iO.OOO miles of railroads west,
northwest and southwest of Chicago, and
the ralload managers, had become critical
and that the question of a strike, the tying
up of practically all systems between here
and the Pacific coast would be settled
within forty-eight hours. r'
Firemen on all the roads operating out
of Omaha, as well as on tha forty-nine
roads running west and southwest of Chicago,-
may be called out on strike within
twenty-four hours. There are those who
predict that all roads will be completely
tied up Monday morning.
From Chicago comes the report that tho
railroad managers have again turned down
the committee representing the Brotherhood
of Locomotive Firemen and Enginmen on
the wage demands and on the seniority
question. The firemen had already voteS
to walk out If they were refused rtcocn!
tion, and If the report from Chicago li
true the biggest strike In western railroad
history now seems Imminent.
Union Pacific firemen are awaiting In
structlora from C. V. McLaughlin of
Omaha, chairman of the grievance com
mittee, who Is one of the firemen in con
ference with tho railroad managers, d.
W. Smith of Council Bluffs, the treasurer
of the Union Pacific branch of the fire
men's organization, who Is at the head of
affairs at this junction, had received r.o
advice from Chicago yesterday.
At the Millard hotel the executive com
mittees of the conductors and trainmen
are still in Joint session. It Is thought
they have delayed adjournment, awaiting
the outcome of the firemen's trouble.
"If the firemen have been turned down
there will be a strike," declared the chair
man of one of the committees. "It Is a
serious proposition. However, I think t'.ie
report from Chicago Is a trifle premature;
the men are still conferring with tho rail
road managers so far as I know."
"In case the firemen go out there will
not bo a sympathetic strike of the en
gineers or conductors," said E. E. Mc
intosh, chairman of the conductors' com
mittee. "The engineers will remain by
their side of the cab, but there would be
no one to take the place on the other aide.
There are no available men."
NINETY YEARS WITH CHURCH
Kansas Woman Plea mt Mollne nt the
As;e of One Hundred nnd
Sim.
MOLINE,( Kan., March 12. Mrs. Anna
Bolceourt, aged 106 years, died at her home
here today. Mrs. Bolceourt was a pioneer
of both Illinois and Kansas. For nearly
ninety years she had been an active worker
In the Methodist Episcopal church.
dren." she added. "We're going to Los
Angeles, probably for a two months' visit."
While she conversed her two children,
Marlon and William K 3d, clambered down
from the private car, accompanied by a
rald. Mrs. Vanderbilt took each by the
hand and then, graciously asking to be ex
cused, proceeded to walk the platform for
exercise.
Mrs. Vanderbilt, It will be remembered,
was formerly Miss Virginia Fair of Cali
fornia. Her husband, William IC. Vander
bilt, Jr., Is the noted motor fiend, founder
of the Vanderbilt cup races; golf enthusl-J
ast and polo player.
She Is traveling across the continent in
the private car "Magnet of the New York
Central lines. At Union station she was
met by Louis Belndorff. Slty passenger and
ticket agent of the Union Paclflo lines. She
was handed a telegram at the depot, so long
In fact that the envelope which held It
bulged out as though It were stuffed with
tissue paper.
DID MAIiKAY USE
MAIL F0K FRAUD?
This is the Question in Famous Trial
Upon Which Hinges the Gov
crnnent's Suit.
P0ST0FFICE EMPLOYES ON STAND
Council Bluffs Clerk Testifies that
Leader Used Assumed Name.
PALS ALSO HAD PRIVATE BOXES
Others Beceived Mail in 'Frisco, Los
Angeles nnd Little Rock.
MABRAY LETTERS ARE ADMITTED
Papers Confiscated ly Inspector Gc
In ns Kvldcnrr Defense r'llen
Objection Aanlimt Defend
nt'a Testimony.
The prosecution of John C. Mahray and
his fellow defendants of the "big slore"
In United States court at Cojncll
Bluffs, centered on the positive r-onnejtlon
of the alleged conspiracy with the mss of
i i lie malls for the purpose of fraud yester
day afternoon.
Sylvester It. Hush, special assistant at
torney general for tho United States, took;
j up this portion of the evidence and put or
a number of postofflce employes from tho
several cities In which the irang is known
to have operated to show the use of tho
mails. Wltncrses frrtm the Omaha and
Council Bluffs postofflces wero placed on
the stand.
A handwriting expert Is to be placed on
the stand Monday In further pursuit of this
It ad. This expert is to testify In connec
tion with a large number of tho documents)
which are to be Introduced In evidence.
Tho testimony of the handwriting expert
will be combatted vlaorouMy by the defense
and his testimony bears on the only vital
issue of the case whether or not the Ma
bray gang used the malls for the operation
of their system.
Poatofflce Boxes Rented.
By the testimony of tha wltnessos placed
on the stand yesterday, the prosecution
showed that Mabray had himself rented the
now famous and notorious box No. 4 In tho
Council Bluffs po.stofflce under an assumed
name. Further It was shown that other
members of the gang had rented boxes la
San Francisco, Little Rock and Los
Angeles.
This step In the evidence of the proseou
tlon marks the beginning of the morn
strenuous part of the trial, the actual con
nection with the use of the malls. On this
and other related testimony the fight baa
begun to center.
Mikes of high and low degree were called
to the stand yeUerday aternoon to tell
their varying tales of woe. From the vic
tims little was. discovered that v. as sig
nificant of more than the similar testimony
which has gone before.
It Is expeterd that other defendants ar
reaching the determination to turn state's
evidence. The de-fonso Is meeting . this
tendency with an effort to convince the
woakenlng ones that there la a movement
on the part of the prosecution to stamped
tho defendants. Lewis W. Stowe, listed
from Miles City, Mont., charged with being
the stecrer In the $10,000 mtklng proress ad
m'nistered to II. M. MrOrath of Pine City,
Minn., Im ?u(d to bo among those who are
weakening. t
. . Preacher's Son One of Gang;.
Stowe Is the son of an Kpissopal rortor
at Minneapolis, Minn. His alleged victim.
11. M. McQiath, was a inembtr of his
father's church. McUrath Is present at tha
trial and will be a witness.
With the cauo actually on trial the activ
ity o ftho postofflce Inspectors and tho
array of secret service men In Council
Bluffs has ne-t ceased. The production of
new evidence Is In progress.
The list of exhibits introduced Saturday,
from tho collection seized by J. 8. S wen
son, postofflce Inspector at the Llttio Rock:
raid, has mounted, close up to half a
hundred and there are more than 2,000 yet
to como If the prosecution chooses to In
troduce them.
The defemie Iirh entered exception to tho
ruling to be noted in tha record at tha
j Introduction of each separute and dlntlnct
! Cocumtnt of the selxeti evidence. This In
dicates tho contemplation of a further fight
in the future on the same point in con
i troversy.
Mad Mlsaonrlan After the Hum,
The testimony of many "Mikes" waa
taken. Henry Stoggsdale of Cabool, Mo.,
told how he disciplined the gang with a
gun after he was fleeced In a fake race at
Denver. He was a mad, mad Mlssoariaa
after the race.
The argument as to the admlssablllty of
the letters, papers and other document
taken In the raid on Mabray's home was '
held at the opening of court Saturday
morning. The defenso made a bitter fight
! against the Introduction of the lottera la
question and then waived the objection.
E. L. McCold of Keokuk, an attorney for
the defense, declared the use of evidence
seized a violation of the 'onslltutlonal
rights of t la i defendants. He declared
tho papers InudmlSKUble in that they wero
obtained through a search warrant Issued
in an Arkansas state court, thereby put
ting the court In the light of forcing tha
defendant to furnishing evidence against
himself.
At Variance with Court.
"You are at cross purposes of supreme
court of the United States, and, with all
due respect to you, Mr. McCold, I must
follow that court," said Judge Smith Mc
pherson. The attorney tiled to offer further state
ments bearing on the case and had J. 8.
Swenson, postofflce inspector sworn. Then
after a consultation with Emmett Tlnley,
McCold waived the objection to the evl
deuce.
I'eputy District Attorney Stewart pro
cfcdcd to the reading of two exhibits, com
prising racing challenges and a letter.
J. A. Secrest, mike from Iowa City, and
A. L. A I ward, postofflce inspector from
Sioux City, were called to the stand to
identify photographs of II. B. Herriinan,
"millionaire" and others of the gang.
James A. Tlerney, Junk dual -r ef Streator,
111., "miked" for 110,000 through the agency
of Tom Gay, wrestler, now state's witness,
and John O. Smith, chief of police In tha
Illinois town, under Indictment, relates hll '
experience In New Orleans.
" 'Jack' Smith cumo to my house on Sun
day morning and talked half a day aod
showed me there was nothing to lose.
"I got $10,000 and went down to New Or
leans.
"The millionairea room la tha fU