The Omaha Daily Bee
THE OMAHA DEE
goes to the homM 1 read by tha
worn to sells goods for advertisers.
WEATHER FORECAST.
For Nebraska Fair.
Tor Iowa Partly cloudy.
For weather report ee pupte 2.
VOL. XXXI X-NO.
OMAHA, THURSDAY MOKNINO, MARCH 17, 1910-TWKLVE PAULS.
SINHLK COPY TWO CLN'TS.
COURT HAS FAT! t , dieted Packers
OF STANDARD 0LVt First Step
SHARP FIGHT ON
RAILROAD BILL
Forces Arrayed in Bitter Debate Over
Matter of Amendments to
Measure.
Nothing Too Good for the Irish
AGED MIKE TAKES
MABRAY'S HAND
oward Appeal
Supreme Court Justices Must Now De
cide Famous Case and Settle
Future of Corporation.
FINAL ARGUMENTS COMPLETED
I
Steps Off Witness Stand to "Shake"
with Man Who "Did" Him for
Ten Thousand.
a.
DECLARES "NO HARD FEELINGS'
State '' .ow Why Bight of Be
view v order to Produce Books
Should Not Issue. '
SENATOR CUMMINS LEADS BATTLE
Attorney General Wickersham Takes
Last Bap at Company.
BIO CROWD SEES CLOSING BATTLE
Number of Spectators Break All Bee
ords in Court Chamber.
o II ALL COMBINE BE DISSOLVED?
Tkli Is the Question Left for Drrliloi,
Depeadlag I'pon Charges of
Conspiracy and
Monopoly. u
WASHINGTON. March 1.-Th dissolu
tion or "Standard Oil" I now a question
for the supreme court of the United flutes
to grapple with alone. The final argument
of the famous suit to dissolve the Standard
Oil company of New Jersey as a conspiracy
and a monopoly In violation of the Sher
man anti-trust law wn made today, and
the court took the matter under considera
tion. Tho third day In the content of counsel
hefore the court wii a memorable one,
not only because of the arguments made,
but also because of the Interest mani
fested In the proceedings, both on the part
of the bench and by the people who
were attracted to the court.
Record Crowd la Court.
Rules of the eourt prohibiting spectators
standing In Its presence were swept aside,
and members of congress stood around the
wall of the room. Not In years have so
many persona beeh packed Into the little
chamber.
It fell to Attorney General Wickersham
on the aide of the government and John
O. Johnson, for the defense, to make the
closing remarks. In addition, D. T. Wat
son, another Standard Oil counsel, ad
dressed the court earlier In the day. '
Mr. Wickersham taunted hla opponent for
"desiring to cast th veil of oblivion over
its past" He spoke of that past as con
taining a national scandal which the courts
and the legislators were called upon to
put down. Somewhat extendedly he em
phasized the position that the reorganiza
tion of lfW gave the Standard Oil a more
solidified prganliatlon than It possessed
before, an organisation which prevented
the subsidiary companies from becoming
competitors.
Question of Monopoly.
He turned to the question of what con
stitutes a monopoly. I nclose he urged
the eourt not to be influenced by the cry
. that this prooeedlng was a blow directed
at bualaeea, -''because ueh a ery had been
made often ' before and proven ground
less." The closing address of Mr. Johnson was
partly a reply to Mr. Wickersham. Al
though the wolf may have not come' at
first, he told the eourt, when It did come
It was too late to cry. -
He paid his compliments to Frank B.
Kellogg, author of the - petition of the
government, filed In the circuit court of
the United States for the Eastern dis
trict of ' Missouri and on which the de
cree of dissolution before the court for
review, was based. Mr, Johnson told the
court It reminded him of the contents of
the witches' cauldron In "Macbeth," In
that It appeared to have been made up
of a collection from the scrap books of
disappointed oil producers and "maga
slnlsts, female or otherwise." The best
part about It. he told the court, waa that
it ended with a prayer.
Doctrine of "Take All."
Mr. Johnson Interpreted what he de
deslgnated as "the new doctrine 'of po
tential competition," as an attempt to
require' each Individual to compete with
himself. Turning, to another phase of the
controversy, he asked. "How on earth
coUld we monopolise the manufacture of
refined oil, when we control only 11 per
cent of the crude oil output?"
"But they complain that with our enor
mous amount tit .wealth we drove our com-
petltors out of. business," he exclaimed.
' "Are you going to conduct business on the
race track principle and put a handicap to
the man who possesses wealthT Are you
going to laboe weal tat"
With sarcasm depicted on his face as he'
walked back and forth before the bench
he expressed his surprise that such Iniqui
ties as had been complained of existed In
this country.
"We do have pipe line," he shouted.. "We
do have engines and boilers, but Is that
aoy reason why our competitors should get
heat and steam from usT There Is no fed
eral law which requires that as yet, thank
God. I am speaking of the present Tour
honors may be called upon not in my life,
time to pass upon a law that says how
much a man shall own. But that question
la not now before you."
Mr Johnson next turned to the subject
o( unfair competition.
Kid tilove Competition.
"Is there a kind of soft competition, a
Pickwickian competition, a kind of kid
glove variety?" he asked, "where they Just
compete so nicely that It won't hurt? Oen
eial Sherman used a word in describing
what war Is; I won't use the word In your
honer's presence, but that Is what compe
tition Is. 1st they complain because we
undersold someone."
There are plenty of laws that could reach
urtfalr competition If It be Illegal, he said
The law which permits a I3t.om.ooo fine to
be laid, he contended, waa not nck
vlcklan law."
In closing, he pleaded with the court not
to strike down a legitimate business, or
deprive the men he represented of their
organization.
"The remedy the government auks you to
apply," said he, "la not unlike the surgical
operation of amputating the foot to remove
thorn from the toe."
' ' . '. Combine of 1869.
Mr. Watson, ho began his argument
lata yesterday, had for one of his tasks con
vincing the court, If possible, that the only
act of alleged conspiracy or monopoly be
it re It" was the combining of corporations
Vi 13S9.' This was the only act the circuit
curt of the United States for the eastern
district of Mlstourl had decreed against,
and as the government had not appealed,
he urged, the supre:tie court could consider
none of the other alleged monopolistic ac
tivities talked about by opposing counsel.
Scarcely had Mr. Watson taken up the
Continued on Second Page.)
TRENTON, N. J., March IS. Justices
Reed, Trenchard and Mlnturn, sitting as
a branch of the state supreme court this
afternoon, on the application of counsel for
western packing companies,' granted fu
rule for cause to be shown why a writ in
certiorari should not Issue to carry up
for review Justice Bweyxe's order. Issued
today, directing the companies to bring
their books Into New Jersey foy. inspec
tion by the Hudson county grand Jury.
The rule was made returnable Wednes
day and Justice Reed announced that argu
ment on that day should go Into the merits
of the case.
NEW TORK, March 18. Another; of the
indicted officials of Chicago meat packing
companies, Lemuel B. Patterson, vice presi
dent of the National Packing "oorneany.
appeared voluntarily In New Jersey, court
of common pleas in Jersey City today and
entered a plea of not guilty, to the recently
found Indictment charging conspiracy and
restraint of trade. Pall waa fixed at 77,500,
which waa furnished.
Counsel for Patterson reserved the privil
ege to withdraw the plea for the purpos3
of jovlng to quash the Indictment.
CHICAGO, March 16. Investigation of
the packing house industry by the federal
grand jury was adjourned today, until to
morrow because of the nonarrrval of sev
eral wltnesses ' from New. York. The
Identity of the witnesses were kept secret,
but It was reported that they would tes
tify regarding the 115.000,000 .loan which
made possible the organization of the Na
tional Packing company.
Coal Must Compete
with Gas and Oil
Southwestern Operators Say This is
Beason for Befusal of Ad
vance of Wages.
KANSAS CITY, March Id. Because of
keen competition In the use of gas and
oil for fuel, the coal operators of Missouri,
Kansas, Oklahoma and Arkansas cannot
afford to grant the raise In wages de
manded by the United Mine Workers of
America at the recent conference In Kan
sas City. This is the substance of a state
ment issued here today by the southwest
ern operators. The question is soon to be
threshed out at the miners' convention in
Indianapolis.
. The operators In this statement say:
"If the operators granted the miners the
Increase asked for. the operators In turn
would have to raise the price of eoal. If
he raised the price of ooal, the consumer
would not buy, .preferring to use oil or
gas, and eava money. The operator does
pot refuse the miner the Increase asked
(or because he wants 1 to antagonize him
and perhaps lead to a labor struggle, but
because he can see no way to Increase the
pay and meet this competition."
GasCompany Must
: Furnish Service
Supreme Court of Iowa Decides Case
in Favor of Boone Man Who
Tapped Main.
BOONE, la., March 16. (Special Tele
gram.) The case of Phelan against Boone
Gas company was decided in the supreme
court favorable to Phelan. The gas com
pany refused to furnish him gas, he tapped
mains himself, then the oompany refused
to place a meter and had Phelan arrested.
The lower court held that the company
had to furnish gas and the company ap
pealed. The supreme court holds that the
company must furnish the commodity upon
demand of any resident of the city.
VAN N0RDEN FAILS TO APPEAR
Women Charged with Stealing; Large
Bern from Millionaire Are
Discharged.
NEW YORK, March ll-Warner M. Van
Norden, former president of the Van Nor
den Trust company. Is far away over
seas and consequently did not appear to
day to prosecute Bessie Roberts and May
Williams, the two women he accuses of
holding him up on the street and robbing
him of $28,000. Mr. Van Norden does not
expect to return from Europe for six
ironths, and the women were discharged
from the $30,000 ball bonds in which eaoh
had been held.
CUDAHY AT ASHEVILLE' N. C.'
Figaro la Sensational Affair at Kan
sas City Registers at Mountain
Hotel.
ASHEVILLE, N. C. March l.-John P.
Cudahy of Kansas City, who recently fig
ured In a sensational attack on J ere F.
Lillis, president of the Western Exchange
bank of Kansas City, 1s stopping at a lo
cal hotel.
Assessor Will Levy Taxes
on Tiaras and Sunbursts
"We are going after the owners of valu
able Jewelry this year," declares County
Assessor Shrlver," and we shall see If
we cannot get some taxes paid on these
highly valuable pearl ropes and dog col
lars, tiaras and diamond sunbursts. But
they won't be easy to get."
Mr. 8h river has of recent months been
reading 1th great Interest of the large
Investments of Omahans in Jewelry of
the sort described and has a few notes
now on whfch to force tax returns. More
material for this work will be compiled.
"Personal property of any aort Is hard
to get at," said ths official, "but there
are some trinkets of the kind which are
pretty well known about,and I can't see
why we cant reach these. Anyhow, an
effort will be made."
Omaha women do own some handsome
thiugs in the Jewelry line and so far as
Iowan Brings from Aldrich Admission
that Bill Can be Altered.
TAFTS NAME USED RECKLESSLY
President Figures in Case and Action
"is Defended by Root.
PLAN TO FAVOR THE RAILROADS
Chief Ksecatlre Quoted as Favorlaa-
Traffic Agreement 'by Roads If
Approved by Interstate Com
meree Commission.
' WASHINGTON, . March 16. In the
sharpest debate yet provoked in the sen
ate on the administration railroad bill,
or on this subject In previous sessions,
bitter criticism of the action, of sup
porters of the bill in trying to put the
measure through , without amendment
elicited from Senator 'Aldrich an admis
sion that the bill could be- amended.
This statement was made during the
second day 'of Senator Cummins' speech
attacking the bill, but not until . after
friends o -ft hemes sure had been accused
o f trying to hide behind the - president
and the fact that It had been drafted at
his direction. -
President's Name Used Freely.
For more than two hours tfie president
figured in the discussion and for a time
his ' title, if not his ,name, was banded
about with a freedom that . amounted
almost to recklessness. ' In this portion
of the debate Senators Aldrich, Bailey,
Cummins, Root, Tlkins and Bacon fig
ured conspicuously.
Senator Cummins contended" that the
provision referring to traffic agreement
would render them legal without their
submission to the commission. He as
serted there lad been conspicuous silence
In the committee on this subject and
thereupon Mr. Crawford turned to Ben
ator Aldrich, who I sa member of the
committee on Interstate commerce, and
questioned him as to his Interpretation
of the meaning o fthe provision,
tt "The whole truth," Interrupted Mr.
Bailey, before Mr. Aldrich could reply, "Is
that the Intention of the provision for the
repeal of the anti-trust law is to reverse
the supreme court of the - United States.
The effect and purpose is to take the
railroads front under the supreme court,"
Railroads Part Questioned.
Mr. Aldrich refuted the Intimation of the
Texas senator and from the colloquy arose
a general discussion as to whether tt had
been the' original intention' to Include the
railroads In the original Sherman anti
trust bill, during which Mr. Aldrich said
that no senator who had voted for It had
the Brightest idea that the railroad were
embraced within its terms.
' "But all the same you are now trying
to make them of it," he reiterated.
"I bet your pardon," responded Mr. Aid
rich, , "but that la not true. The senator
from Texas Is mistaken as to the purpose
of the proposed law, as Is the senator from
Iowa.
Mr. Cummins would not admit that he
could be mistaken, for he declared the
purpose of the law was written broadly
on Hs face. There could be no doubt it
repealed the law regarding traffic agree
ments, he said.
Hint at Wholesale Violation.
Senator Elklns undertook to refute this
contention by reading the provision re
garding the agreements, and In so doing
broadly asserted that everyone must know
the railroads violate the law every day.
This assertion was challenged by several
senators, but the West Virginia senator
held to h'ls position and asked, "Now,
why embarrass the railroads?"
"True, true,'; responded Mr. ' Cummins,
half under his breath.
Mr. Elklns contended that even though
agreements were authorized by the pending
bill the commission still would have con
trol of rates, and even more comprehensive
control than under the present law.
It Is not the agreement that is powerful,"
he said, "but the rate and so long as the
commission controls the rates It is In com
mand of the situation." (
Mr. Aldrich referred to a supposed al
liance between the "Insurgent" republicans
and the democrats, and then after a brief
protest from Mr. Cummins over this method
of presenting the matter, the Rhode Island
senator declared It to be his opinion that
no schedule of the roads, whether under
agreement or not could go into effect with
out the approval of the commission.
"If that is not made clear In the bill I
am perfectly willing to have it made so,"
said Mr. Aldrich.
Cnmmlns Makes Suaareatloa.
Responding to this' statement, Mr. Cum
mins declared the only way to remedy the
defect was to withdraw the repealing pro
vision. To this suggestion and others Mr.
Aldrich responded that he. had found him
self In such disagreement with Mr. Cum
mins that it had been impossible in cum-
(Continued on Second Page.)
can be determined no taxrs to speak of
have ever been paid upon these articles.
Some of the most expensive adornments
of the sort have been bought since last
April and are liable for taxation now for
the first time. But other necklaces and
stomachers and tiaras have been visible
upon festive occasions for some yean past
without payment of taxes thereon.
The automoblliat who does not make a
return upon his car is to be a special
subject of scrutiny this year. As announced,
the county assessor has armed himself
with a list of prices for various makes,
the Information being gained at the auto
show, and he has compiled at ' Lincoln
a list of licenses and licensers. A special
deputy to run down delinquents will be I
asked of the Boat? of County Commission
ers, and if this is allowed the chance
are that few cars will escape taxation
this year.
WMgmmM' - , v
' ' ' 'President Taft
.President Taft
from the. Philadelphia Inquirer.
TAFT STARTS CHICAGO
. . , ...
President Will Make Address at St.
Patrick's Day Banquet
WILL VISIT EASTERN CITIES
Chief Executive Will Be. Absent from
Washington Week His Auto
mobile ?( early Raaa Over
a Woaaa,
WASHINGTON, March . . JR. President
Taft left here at t:10 a. m, for Chicago
over ths ; Pennsylvania railroad. He is
due . there at S o'clock tomorrow. From
thlcago the president will swing , around
the circle, to Rochester, Albany, New York,
New Haven and Providence, and will not
be In Washington axalnuntU March SL ,
Sbortlr atbsr. leaving the White .house
on his way to the station the president bad
an extremely exalting moment.'-The big
Whits house automobile bearing him and
his aide, .Captain Butt, narrowly escaped
running down a woman. The heavy car
ruiinlng at good speed, was crossing Four
teenth street on New York avenue,- when
a woman darted In front of the machine.
Instantly the chauffeur applied the brakes,
bringing he machine to a sudden stop.
The ' president, seeing the Impending ac
cident, was on his feet in an Instant and
shouted a warning. The car then- continued
on Its way and narrowly missed hitting a
trolly car.
The. president's visit to Chicago- is pri
marily to attend the annual St. Patrick's
day banquet of the Irish. Fellowship dnb
of that city. He also will' be the guest, of
that organisation at luncheon. From the
moment of his arrival, however, until he
leaves Chicago, at nearly midnight to
morrow, he has continuing engagements.
He will ride with a military escort from
one of the suburban stations to hla hotel,
will visit the newspaper club In the after
noon at the Auditorium, will be tendered a
reception at the Hamilton club and . win
wind up the day with the Fellowship ban
quet. Arriving at Rochester the afternoon of
Friday, the 18th, the president will be the
guest of the Chamber of . Commerce at a
banquet that evening. He will spend the
night in Rochester, and leaving there
early Saturday morning, will proceed to
Albany, , where for two days he will be
the guest of Governor Hughes at the state
executive mansion. During the stay in
Albany, the president will attend the tuber
culosis congress, a dinner of the University
club and probably will be the center of a
number of political conferences.
On Monday the president will attend a
meeting of the Yale corporation at New
Haven, and proceeding to Providence that
afternoon,, will be the guest of' the New
England. Manufacturing - Jewelers "and
Silversmiths at an elaborate banquet, at
whloh Senator Aldrich also, will be a quest
of honor. .,
From Providence the president proceeds
to New York, arriving there the morning
of the twenty-second to spend the entire
day. He will be entertained at the New
York Press club in the afternoon and In the
evening will attend a banquet of the
American Peace and Arbitration society
and .look in at a dinner 'given by the New
York county repablicaa r committee to
Herbert Parsons. .
If is a safe invest
ment A Bee want
ad.
If you want a servant it will bring
one to your door. . .,
If you want a position it will find
one for you.
If you have something to sell, it
will sell It for you.
If you have lost something it will
find it for you.
If you have 'found something It
will be the first to tell you who
lost it.
Bee Want Ads are treasures.
You bave done your best when
you use one.
Everybody reads
Bee Want Ads. '
'Phone Douglas 238. '
'
Will Make a St. Patriot s T)nv StipppI
Will Make a St. Patrick's Dav Sneech In Cliipniro.
How Nebraska
Farmers Make
Sales of Land
Hastings Man Accosts Friend on
Street and They Make Forty
Thousand Dollar Deal.
HASTINGS, Neb., March 16.-Speclal.)
One of the most notable real estate trans
actions ever made In this city wasv the
sale today of a half section farm for $10,
000. '
George Borrell was encountered on the
street by Fred Orothen, who owns a half
section three' miles from Hastings. .
"What will you take for. that garden?"
asked. Mr. Orotehn.
"Oh. about 140,000, t guess," replied Mr.
Borrell.' . , . .
The Borrell farm Is . two-miles from. the
Grotehn farm. -It has ordinary improve
ments In the way of buildings. Mr. Gro
then thought the figure was about rlgh
and promptly invited Mr. Borrell Into ;
real estate office to. make out the deed.
The deal was consummated in about ten
minutes and Mr. Borrell then walked over
to the bank to deposit the $40,000 check.
, -Mr. Grothen's new farm is 820 acres and
It stands him $125 per acre. ' Ten years ago
the land could probably have been bought
for $35 per acre. Both farmers drive auto
mobiles. British Merchants
for Protection
Association of Chambers of Commerce
Declares for System of
Tariff Reform.
LONDON, March 16. The Association of
.Chambers of Commerce of the United
Kingdom tn session here marked its Jubi
lee annual meeting by adopting today reso
lutions in favor of a system of tariff re
form "in the interest of British trade, in
creased employment and colonial prefer
ence." There was an animated discussion of the
resolutions, which developed considerable
opposition, but the vote by chambers
showed the tariff reformers to be tn the
majority, Bl to 12. Forty-one chambers
took a neutrll attitude.
The association proposes to urge the gov
ernment to take the necessary steps to
carry out the purpose of the resolutions.
Kearney Wet
by Twenty-Five
Bitter Fight at Special Electoin Re
sults in Decision to Grant Li
censes Again.
KEARNKY. Neb.. March R (Special
Telegram.) At a special election held in
this city today for tho purpose of votlni;
on the liquor question it was decided by
a majority of twenty-five votes to grant
liquor licenses for the coming license year.
A full vote whs cunt at the poles, both
wets and drys working hard all day to get
the vote.
The First and Kecond wards gave their
majorities to the wets by a strong increase
over last year, while the Third and Fourth
wards went dry by a decrease.
Roosevelt Party
Seqond Visit
KHARTUM, March 16.-The Roosevelts
paid a second vistt to Omdurman today.
The town Is on the left hank of the river
Nile, Just below the Junction of the White
Nile and the Blue Nine, and almost' op
posite Khartum. It contains much of In
terest to the traveler.
The start was mads after an early break
fast. Colonel Roosevelt, Mrs. Roosevelt,
Kermlt and Miss Ethel being accompanied
by Baron rilntln. the inspector general of
Egypt, and other officers and friends. The
party made the trip on the sirdar's yacht
Elfin. One object of the excursion was to
witness the Twelfth Sudanese regiment on
parade.
'-'VV,;.fVw:. if
- -
CANNON TURNED DOWN AGAIN
Uncle Joe Overruled by Big Vote on
Appeal from Decision.
MORE REGULARS JOIN INSURGENTS
Speaker Stands by Rules, Kaylna; He
Interprets Them As He Sees
Them Anto Episode
Recalled.
WASHINGTON, March 16. Although the
republican organisation of the house took
radical measures today to Insure against a
repetition of yesterday's defeat at the
hands of the .democratic-Insurgent repub
lican combination over the question of
maintenance of . an automobile for the
speaker;, the allies scored another victory
o'r the regulars evfcn more decisive than
.that or yesterdays .
: On. an appeal from a decision by Speaker
Cannon In the matter of precedence for a
iolnt resolution, the house voted against
t h speaker by a vote of 163 to 111. In ad
dition to the full democratic vote and the
thirty Insurgents who have always stood
out against the speaker, a dozen other re
publicans, heretofore regulars, voted to
turn down the ruling of the chair.
Following were the forty-two republicans
who voted against the speaker: Ames,
Massachusetts; Carey, Cooper and Pavld
f on,' Wisconsin: Davis, Minne sota; Dawson,
Iowa; Fish, New York; Gardner. Massa
chusetts; Good, Iowa; Gronna, North Da
kola; Haugen, Iowa; Hayes, California;
Hlgglns, Connecticut; Hlnshaw, Nebraska;
Holllngsworth, Howland and Johnson,
Ohio; Kendall, Iowa; Klnkald, Nebraska:
Kopp, Wisconsin; I.angley, Kentucky; Len
root, Wisconsin; Iindberg, Minnesota; Mc
Laughlin, Michigan; Madison, Kansas;
Martin, South Dakota; Miller, Minnesota;
Morse, Wisconsin; Murdnck, Kansas; Nel
son, Wisconsin; Norris, Nebraska; Parsons,
New York; Pickett, Iowa; Polndexter,
Washington; Pray, Montana; Stafford,
Wisconsin; Pteenerson, Minnesota; Stevens,
Minnesota; Townsend, Mlchlfran; Volstead,
Minnesota; Wilson, Illinois; Woods, Iowa.
"I ncle Joe" Clves Reasons.
Just before the taking of the vote Speakor
Cannon addressed the house at length,
asserting his reasons for the ruling and
showing something of Indifference as to
what action the house might tako in tie
premises.
, He had Just ruled that the constitutional
nature of a resolution offered by Repre
sentative Crumpacker In reference to the
coming census gave it precedence over the
house rule, establishing "calendar Wednes
day," which was one of the features of
the Fitzgerald rules.
"Whatever may occur seemingly to re
buke the chair, whether from pique or
Otherwise," the speaker announced that he
would interpret the rules as he saw them.
, When the vote was announced, applause
broke forth from the democratic side.
A few minutes after the house convened
today Representative Dwlght. the repub
lican whip, made a point of no quorum
and caused a' call of the house, resulting
in a scurrying in of members who were
hbsent In committee rooms or In their of
fices. More than eighty arrived too late
to" answer to their names.
It was privately announced by a promi
nent member of the house organization
that hereafter a quorum must be present
and that the attendance of absent mem
bers was going to be compelled.
.... I
MARION, Ind., March 16. Professional
cracksmen robbed the Van Huren (Ind )
bank, owned by Howard Bros., at Van
Hin.ri last night and escaped with $1,500 in
gold.
Pays
to Omdurman
The Roosevelts visited the Khallfl's house
near the :enter of the town. Near by the
house Is the Mahdl's tomb and within tho
enclosure of the house la the tomb of
Hubert Howard, son of the earl of Cat lisle,
who was killed at the battle of Kerrerl!
while acting as a war correspondent.'
Colonel Roosevelt received the more
prominent of the residents of the city dur
ing the visit at the Khallfl's huuse today.
Following the rex-ept.on the market place
and the picturesque bazaars were vlalted
and some of the houses of the sun dried
bricks, as well as the mud huts which pre
dominate, were examined.
Takes Wife to Race and Eets Money
On tfest Horse.
LAST AND GAMES! OF THE KIND
Government Will Rest Its Case This
Morning- Early.
PREACHERS SON A STEERER
Member of Father's Congrega
tion to "Ilia- Store' Where He
la Relieved f Ten Thousand
1'T thi Ganat.
Peventy-four years oid, miked for $10 001,
and still a sportsman. J. O. Kile, a wealthy
farmer of Cisco. Ill,, stepped from the wit
ness stand In United States court at Coun
cil Bluffs and shook hands with John C.
Mabray.
"No hard feelings, John, but that was a
h I of a race," aid the old man.
It's alright, uncle," replied Mabray, ris
ing from his seat to take the hand of the
man who had been testifying against him
and the other members of the "big store"
gang who operated at Little Rock.
Kile was the last and the gamest of the
mikes milked. Without the usual pro
cedure of the "private secretary" delusion,
he etralght-forwardly bet his S10.000, took
his wife out to see the race and lost , the
first bet that he had made since his youth.
Hp chose "Red Leo" as the best horse, and
still trusts his Judgment.
The government will rest Its care this
morning, probably by 10 o'clock, and the
defense will befjln the examination of Its
witnesses.
Attorneys Consult.
The attorneys of each camp held consul
tations last night and the program for tha
close of the trial has been mapped out. Tha
government has little of Importance yet to
Introduce aside from technical testimony
and the collection of lonte ends.
William H. McGrath of Pipestone, Minn.,
miked through ths sgency of Lewis W.
Stowe of Miles City, Mont.', son of the
rector of Christ church at Minneapolis,
where the victim was a communicant, tes
tified to being miked out of $10,000, expense
money home for the steerer and his over
coat. The Indictment against Stowe has been
held In abeyance since he and McGrath be
came reconciled last 8unday while together
In Council Bluffs, and It will probably ba
Cancelled. McGrath declares that ha be
lieves atowe to have been lnnooent of guilt ,
In the part he played. They were school
mates together In coli '....
Kile, who t m the last mike" te be -ath-
ered In by the Mabrty gang before the
Little Rock mid whloh ended Its opera
tions, was the last of the Important wlt
r.erres for the government. He owns a
half section of land at Cisco, III., droves
of cattle and city real estate. He was
steered by Monte McCall, working under
an alias.
How Kile Was Worked.
"A man who called himself Ed Leanard
came to me and said some one had told
him I was an old land pirate and had lots
of money. He said that he had a friend
who represented some millionaires in Ar
kansas who had a lot of timber land to sell.
"I wanted some timber land and so I
took my wife and we wont to Little Itock.
Down there tho timber land didn't show
up, but while we was waiting Leanard
showrd me a race horse and we framed
up the race when the millionaires showed
up.
. "I want to tell you, gentlamcn, right
here, that that was the first time in fifty
years that I had m&tio a bet, but when I
was a young felier I used to bat some on
hosses." explained the witness to the Inter
ested Jurymen. '
"They wanted , me to make some beta
right away, but I always did refuse to
before I seen the hoss I were bettln' on.
"Anyway. I went to the bank and drew
$10,000 'I brought down to buy timber land
with and bet it on the race.
"They wrapped it up In a big newspaper
and said they waa going to put It In a
strong box."
"That was where you bid goodbye to It,
was it?" ventured the 'examining attorney.
"No sir, I didn't bid that money goodbye
until after the race was run," snorted tha
old man, his whiskers all adqulvet.
"1 and My Wife.'"
"I and. my wife goes out to see the race.
It waa to be a four and a half furlong
race, but they only measured off about
8.000 yards on the turnpike. I kicked to
Mabray, but he says: ,
" 'It's Just as fair for one as 'tis for tha
other' and I reckon It was,
"That punkin' headed Jockey fell off. Just
pitched off like a frog when our hoss was
half way down the course and two lengths
in the lead. He bled some and the race
was lost.
"I walks over to Mabray and says that
It was a bum race and he says again: 'Just
as fair for one as it was for 'pother.' "
With this the old man took his wife back
to the hotel and packed up to return t
Llttlo Rock.
"If I'd a knowed how that waa going I'd
a rode that hoss myself," declared the old
man after the close of the day's session
dihcusslng the race at Little Rock.
"I'll back that Red Leo now against that
ratty mare that beat him at Little Rock.
I used to see races when I was a young
ster and I know a hoss yet."
"What did your wife say about ItT" ha
was asked.
"fche never said nothing, she's gams, bet
ter man now than I am," answered the old
man proudly.
Mike Evidence Near End.
In drawing the prosecution towards tha
close the government, through the testi
mony of Henry Htoggsdlll, a mike from
C'abool, Mo., put W 11 lard Powell, defendant,
a wealthy race horse malt of Jacksonville,
Fla., again on the defensive. Powell's at
torney is now engaged In an effort to es
tablish an alibi for his qllent.
Kddle K. Morris, the negro prise fighter-
defendant, from Troy, N. V was drawn
Into the trial for the first time as the
steerer named In the testimony of James
Webber, coal miner, mike, from Phamokln,
Pa. Webber declared that he, like Alberts,
had received a proffer to become a mem
ber of the gang from Morris. In this con
nection he got a message from George
Wilson, secretary, at New Orleans.
"Then 1 said to Morris, 'Now ( kneu
v
if