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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 17, 1910)
The Omaha Daily Bee
For Nebraska Fair.
For Iowa Kaln and colder.
For wrath.tr icpcrt boo p:tge !.'.
HlZ OMAHA DEE
goes to tJi homes Is read by th
omen ' !! goods for adTertlser.
VOL. SXXLX-XO. L'x;,.
OMAHA, TUESDAY MORN'tXU, MAY 17, 1910 TWELVK PAGES.
S1X(JLE COPY TWO CENTS.
RETAINED IN BILL
Provision Kept in Railroad Measure
by Senate is Victory oi
CUMMINS' MOTION TURNED DOWN
Iowan'a Attempt to Strike Item Out
Loses 37 to 28.
IS TRIUMPH FOR REPUBLICANS
Rcrardrd as Fruit of Efforts to
BACON'S AMENDMENT LOSES OUT
ficnru-lan's Proposal to Have I tilled
Mates Circuit ( unrti Art on
Commerce Cases 1'nivn
WASHINGTON, May 1-,. Whatsoever
mny be the fate of the other provision of
the railroad bill the proposal to establish
a court of commerce will be retained, the
senate today taking affirmative action In
that direction, ai the house previously had
ilono. The vote wan obtained on a motion
by S.-nator Cummins to strike out the en
tire fix sections providing fur the establish
ment of the court, the result being In the
negative, 28 to UT.
The entire negative vote van cast by re
publicans, although eight republicans voted
with the democrats In support of the mo
tlon. The affirmative republican votes
here cast only, except In the instances of
Senators Borah and raw-ford, by the most
pronounced of the "Insurgents," Messrs
Beverldge, Bristow, Clapp, Cumml.is, Doll
ver and LaFollette.
The action was a distinct triumph for
the regular republican orKunizatlon and was
tlie first fruit of recent efforts to solidify
the administration forces so as to Insure
the carrying out of the administration
Following this action, Mr. Bacon pre
vented an amendment substituting the
t'nited States circuit courts for the court
ot commerce In the trial of commerce
i ascs, but It was voted down without di
vision. A negative fate also met met an
amendment by Mr. utnmlns reducing the
membership of the court from five to three.
Folluwlng these voles Mr. Cummins of
fered amendments modifying his substitute
for the stock and mond provisions and sub
Itllutlng fur the United States the Inter
lute Commerce commission as defendant
In cases In ( the court of commerce In
volving orders of the commission. Neither
was disposed of during the day.
During the debate Mr. Clapp said he
found In the court provision a tendency
toward centralisation and congratulating
the country upon' the work done already In
i-llnilnuting the 'original bill appealed to
the senate to continue that. worg.,. . , ,.
Declaring' IhuL, l(' senators snould. vuto
thlr Crnest convictions the court section
would be voted put, Mr. Bacon said be
would rather lose his right arm than be
responsible for so radical a change In the
Judiciary as this bill contemplated.
Proceedings Taken l'o.
The railroad bill was taken up at 11:30
o'clock and Seantor Cummins proposed an
amendment striking out the court of com
merce provisions. He called attention to
the fact that the merger section of the
bill, which It had been suggested would
make business for the commerce court had
"gone down under such a volume of criti
cism and disapprobation as would render
Its reappearance) out of the question."
Therefore congress was providing a new
court of five Judges to try cases at the
rate of seven n year, he added. Commenting
on this as an unwarranted act of extrava
gance, Mr. Cummins declared he could not
understand the Insensibility of the men
ivho were willing to sounder the public
Mr. Cummins also found fault wtlh the
possibility that a court devoted to railroad
cases might be subjected to especial criti
cism and tempettlon.
"We are inviting the danger that always
'iss been apprehended wtlh respect to spe
; allstd tribunals," he said.
Honutor Bacon, In strong language, ques
'Yioned the "unfortunate innovation in our
vj. ludlclury system." He thought the change
:o be fraught with many risks. Mr. Borah
clitlclaed the court hs unnecessary, be
muse of the small volume of business to
,j,c.j '"ui v-i m- ninu mm hub ueen
created has drifted down into a servile
ool," he averted.
A motion . Senator Cummins that the
tenate strike ut, of the railroad bill the
sis sections to create a court of commerce
was defeated. The vote on the Cummins
(intendment was 28 ayes, ST noes.
Finds it Hard
to Marry Often
Iowa Man, Divorced, Tries Two States
in Effort to Get License for
Iraac E. Kirby of Spencer, la., got rid
of his first wife a mouth ago, or else, she
got rid of him. Anyhow, the two were di
vorced. Mr. Ktrby desired to wed Miss Nellie H.
Ouddard, and finding the Iowa law hostile
to so prompt a remarriage, he came to
Omaha. Munduy, he discovered on apply
ing for a inarrlge license, that the Ne
braska statute also helps to make the
course of true love rugged, when true love
ts running Its second race.
f Convicts Killed
Thirty-Four Inmates of Alabama
Prison Dead Through Fire Set
to Burn Stockade.
May li. A long
message savs that
..... - . uumnj in neair
V. a . . . .
ana anomer was snot and killed while try
ing to escape from a stockade at Lucille
today. The stockade was set on fire by
fa convict and a wild d.iBh for liberty If
tbauabAJo lm been planned
Raise for Lake
Arbitrators Award Them Same Rate
of Increase Granted Men on
Baltimore & Ohio.
NEW YORK. May K-The trainmen and
conductois of the Lake Shore and Michigan
Southern railroad and Michigan - Central
have been granted wage Increases Identical
with the Haitimore & Ohio awarded by the
arbitrators, P. II. Morrlssey and K. K.
Clark. The announcement was made by
A. H. flarr tsun, president of the Railway
Kail"- " inductors and W. O. I-.ee.
Dies & - ' lie HrolhiM hinirl nf Uillmv
J Tralnnt V the following statement:
of the arbitrators In the
d Michigan Southern and
cases gives the same rates
Mil hinm '
as obtai) . 'e Baltimore & Ohio, thus
making t ' on those two properties
standard lines on which settle
ment has "f. . been made, the terms
of the awi vVi. ( the name as the New
York Cenlr "out the deferred pay
ment in any '
"It establls....TieNew York harbor rate
across the province of Ontario on the
Michigan Central from Detroit to Buffalo."
Chang Sha Again
All Foreigners Are Officially Notified
to Seek Refuge on Ships that
WASHINGTON. May 16.-Another upris
ing at Chang Sha, China, is feared. The
commander of the t'nited States gunboat
Helena has telegraphed the State depart
ment from Hankow that the conditions at
Chang Sha were most serious and that all
foreigners were notified officially on the
Uth Inst, to seek refuge on the ships that
were available. The war vessels In the
river are belleVed to be sufficiently strong
to control the situation.
Although the State department has not
been officially advised as to the nature of
the extent of the present threatened upris
ing, it Is believed It has been directed princi
pally against the Manrhu government.
The present movement In Hunan province
Is of more than ordinary significance, In
asmuch as the province Is one of the most
wealthy and Important In all China. The
people of the province have long been
noted for their anti-foreign sentiment.
The proposed line of railroad from Han
kow south runs directly through this
province, and it Is believed (he disturbed
conditions there will stimulate the Chinese
authorities to their best effbrt to bring
about the construction of this road as
early, as possible, as upon Its completion
the' government will he in a position, to
rush troops to the dlssf facted'sectloni "
Changes Its Form
Its Nucleus is in Shape of Pointed
Crescent and Tail it Much
GENEVA, IS. Y.. May 16. Excellent ob
servations of Halley's comet were taken
this morning by Prof. William R. Brooks,
director of Smith observatory, who reported
the comet's tall stretching out In a broad
band across the heavens to a length ot
more than 46 degrees. The nucleus. Prof.
Brooks said, was very bright, being easily
visible with the naked eye long after all
the stars except Venus had disappeared.
Dr. Brooks said that the comet, viewed
through the telescope, showed the same re
markable changes In form that were noted
three days ago. Its shape this morning
was that of a pointed crescent, with- the
nucleus on the extreme front and much
larger than noted at any previous obseiva
tlon. , '
Light Rains Check
the Forest Fires
Towns of Walker and Bemidji,
Minn., and State. Hospital Are
No Longer in Danger.
ST. PAUL. Minn.. May 16. A telephone
message from Walktr. . Minn., today con
veyed the Information that the forest fires
which threatened that town and the State
Tuherculosls hospital near there had been
checked by a light tain and that the dan
ger wns temporarily passed. The same re
port? came from BenldJ'.
It Is cloudy there and the prospects for n
hecvy fall of rain were promising.
Light rsln nppeor to have been general
In northern Minnesota during the night.
Woman Defends Old House
Number Before Police Bar
With a volume of the city ordinances
and certain maps and other documents.
Miss Klixabeth P. McCartney presented the
odd spectacle of a woman attorney in police
court in dtfense of Dr. and ir. J. M.
Whlttaker, who live In a residence on
Pine street, the number of which has been
a mooted question for some time. They
were charged with refusing to replace the
number it bears, which was admitted as
Incorrect, for one the city engineer had
Evidence In the hearing developed the
fact that the Whlttaker residence stands on
a lot which might with equal verity be
numbered 823. K6. iV or K9. Judge Crawford
In the end dismissed the charge.
I can't fine a person for refusing to use
a house number, which may prove to be
an Improper one." he aid.'
rnputtes from the engineer's office tes
tified that the number used by the Whit
takers now. 821. legally belonged to the
house Immediately west of It.
Miss McCartney and the defendants con
tended that there was an unoccupied space
ROOSEVELT GOES .
TO LONDON TOWN
Special Ambassador to Attend Kin;
Edward'i Funeral Met by Vice
CALLS UPON KING GEORGE V
Views Body of Deceased Monarch at
. Buckingham Palace.
CALLS UPON DUKE OF CONNAUGHT
Received by New Sovereign at the
LITTLE DISPLAY MARKS VISIT
Mourning for Head Ruler Pats
()aletus on Program Initially
Prepared Last Rites Sclied-ule-1
LONDON. May 16. Theodore Roosevelt.
special American ambassador to the funeral
of King Edward VII, arrived In London
this morning and was received by King
George at Marlborough house and later
! visited the throne room In Buckingham
palace, where the body of the late monarch
Is privately lying in state.
The entrance to the city of. the dis
tinguished American was a quiet one and
In marked contrast with his uppearance at
other capitals and with what would have
been made of the occasion here but for the
demise of the British ruler.
II was whit Monday holiday, but despite
this fact the popular crowd at Victoria sta
tion was a small one. There was no cheer
ing, but as Mr. Roosevelt alighted from the
train and was escorted by Ambassador
Reid to the royal carriage, which had been
sent for him, those who looked on silently
lifted their hats.
The Roosevelt party, which Included Mrs.
Roosevelt, Miss Roosevelt and Kermlt, left
Beilln at noon yesterday and reached
flushing, Holland, last midnight. They
continued on the regular boat to Queens
borough, England, where a special train
was In waiting fur them and which pre
ceded the regular express to London, ar
riving at Victoria station fifteen minutes
earlier than the regular train, which fol
lowed at 7:45 o'clock, ,
Met by Klnar'e Representative.
At Queensborough Mr. Roosevelt was
Joined by the aides appointed to attend on
him by King George. Lord Dundonald and
Commander Charles E. F. Cunningham
Graham, and by Vice Admiral Sir George
Neville, commanding a division of the
home fleet, who received the former presi
dent In the name of the king.
The transfer to the special was quickly
made, and at 6 o'clock the party pro-1
ceeded for this cjty, which was reached
at 7:30 o'clock. It had been supposed that
Mr. Roosevelt would arrive on the regular
train, and this fact may have accountej
In part for the. comparatively email crowd
at. the station.
On the station platform awaiting the
Roosevelts were Ambassador and Mrs.
Reld and the members of the American
embassy and their wives, all dressed In
mourning; Consul General Griffiths and
the staff ot the . consulate, Robert J.
Wynne, former American consul general
at London; Ogden W. Reld, son of the
American ambassador, and a small group
of American resident here. There was no
music, waving of flags or other demonstra
tion. When the greetings had been ex
changed, Lord Dundonald escorted the
Roosevelts and Ambassador and Mrs. Reld
to the royal carriages, which had been
placed at their disposal by the king, and
they were driven at once to Dorchester
house, the home of the ambassador.
Later, accompanied by Mr. Reld, Mr.
Roosevelt, In the capacity of special Amarl
ccin, ambassador, visited the king at Marl
borough House. Following his reception by
the monarch, he was escorted to Bucking
ham palace and shown Into the throne
room where, on the catalfalque, reposes the
body of King Edward. Mr. Roosevelt was
accompanied to the palace by Mrs. Roose
c!t and the members of the American
embassy ayid their wives.
The Victoria station Is closely picketed
and patrolled by the police. Every entrance
and exit Is guarded and all applicants for
admission are scrutinized. This precaution
Is taken for the protection of all the mem
bers of royalty amd other official repre
sentatives who are coming here for the
PRISON FOR OHIO BANKER
I'. i. Walker, President of Defnnet
Cleveland Concern, Given
CLEVELAND, O.. May 16.-1. G. Walker,
former president of the defunct South
Cleveland Banking company, was sentenced
to five y?ars In the Ohio state penitenti
ary today. Walker was found guilty of
perjury for making falfe statements to the
state bank examiner. The financial con
dition of the bank, which failed for more
than $1,000,000. was discovered after the fail
ure of the Werner company, an Akron
printing concern, which had borrowed
heavily from the bank. Walker will appeal.
between the two houses having the same
number, which might at some future time
be availed for an Intervening house, in
which case another controversv wnnM -
over the number question. They argued
that if any change should be made, the
Whlttaker' home should be numbered S29
and all the residences east of It, necessar
ily, should be renumbered In sequence with
higher numerals. The Whlttaker home oc
cupies groung covering elxty-six feet front
ago and. therefore by law Is entitled to
assume a number for each twenty-two feet
Miss McCartney explained she was not
officially retained as counsel for the de
fendants, but was acting as a friend. She
has llgured prominently in Omaha as for
mer principal of a public school, the sec
retary of an educational Institute and as
a leader In the local woman's suffrage
movement and charity work. At one time
she wss candidate for office In the city
Miss McCartney's activity In police coi.rt
Is the first case of a woman in the role of
attorney In that court.
mmmammmm lei it mmm
Mr. Bryan "Can that be tlie presidential bee 1
From the Spokesman-Review.
DEMOS ARE UP IN THE AIR
On Anxious Seat as to What Mr.
Bryan Will Say.
PEEVISHNESS IS VERY APPARENT
Both Jacke and Jims Are Keeping;
Quiet as to tae Situation -Smaller
Hall I'sed for Mr.
Peevishness Is i fj. B (lit a
of the local demol-.r"; 2 " "irs tc
meeting to be .ht rt S toy evening at
Washington hall, '"'; f.
Bryan Is to
address on the exiaC 3 . deal situation in
From Mayor Di," Boss Flynn
cleam down the ff sss ' J ' Bryan
boosters and cronies are keeping the soft
pedal on the consultations they hold and
the expressions they lve Vo
The turbulent JavX,rtj!U,
;lve voice to. , .
with rare ex
ceptions, are keeplug Twtfas quiet ss the
Dahlman men. Pome of the Jacks are un
derstood to be quietly urging the Bryan
program as tlie correct one for the party,
but their Influence along this line In Doug
las county Is not expected to upset any
preconceived notions of the democratic
rank and file and these preconceived and
unaltered notions are solidly opposed, ap
parently, to the Bryan Idea of committing! WASHINGTON, May 16-The statute of
the state organisation to second place. be-)KentuckV Paed March 20, 1908, levying a
hind the strident prohibitionists.
Some of the Jims are taking solace from
the fact that Bryan's new managers in
Omaha did not dare to risk opening the
Auditorium for the Tuesday night's gather
ing. Time was when no other gathering
place would have been considered capacious
enough for any meeting Mr. Bryan was to
address. There was a chill feeling abroad,
though, that gave the meeting managers
pr.use about hiring the Auditorium. A
email crowd will till Washington hall so
there will not be a very noticeable vacuum,
whereas the larger building shows vacancy
to a freezing degree If It Is not pretty well
Who Will Meet Bryant
Considerable curiosity Is now aroused as
to the personnel of the party that will
meet Mr. Bryam and entertain or consult
with him after he has sung his peace song
to the Tuesday morning function at the
Auditorium. Mayor Dalhman will very
likely call on him during the day, or the
Lincoln prophet may find It convenient to
call on the mayor. Beyond an exchange
of personal courtesies. It is a cinch the
public will not witness the rea.1 talk to be
exchanged by the mayor and the demo
cratic control. Mayor Dahlman has made
himself understood on the liquor question
so plainly that there seems nothing more
to be said, and the line ot cleavage be
tween the two on this subject Is so clearly
defined no bridge will cover It.
There are certain contingencies pending:
that the two can very wisely discuss, aside
from the liquor question. Governor Shal-
lenberger and Mr. Bryan have never been J
warm in the mutual admiration line, while
the exact contrary is true of the "spiritual
control" man and the 'mayor. Then, who
(Continued on Tage Two.
People who can
get along very well
things, are watch
ing the For Sale
columns of The
Every day Eomrone Is advertis
ing an article that they do not need,
gad every day Bomebody Is snap
ping up these articles.
Xou have something about the
house that you do not use?
What is it?
It has value.
Somebodv wants it, and will pay
Call Douglas 23S and de-R-rine
it to the ad taker and
she ill tell you what an ad
will cost to sell it
Oil and Tobacco
Cases Will Be
Reargued in Fall
Supreme Court Sets November 14 as
Date for Rehearing Morse
WASHINGTON, May 16 The supreme
court of the United States today fixed
November 14 as the date for the reheating
of the tobacco and Standard Oil cases.
Charles W. Morse was today denied the
filing of an application for a writ of habeas
corpus by the supreme court of the United
The supreme court of the United States
today failed to announce a decision in the
corporation tax cases.
Law is Valid
Supreme Court of United States Up
holds the State License .
license tax on liquors was declared to be
constitutional today by the supreme court
of the United States. The court also held
the' law applicable to "double stamped
Holding that the federal courts have
Jurisdiction over perjury committed in
naturalization proceedings In state courts,
the United States supreme court affirmed
tlie Judgment of the federal courts In Cali
fornia, which sentenced Gustave Hollmbren
to pay a fine and to imprisonment for
three years on a charge of perjury.
Elevator Act Void
Supreme Court Refuses Rehearing in
Case Against Missouri
WASHINGTON, May 16-The supreme
court today refused a reheurlng of the "ele
vator case" of the state of Nebraska
agains tthe Missouri Pacific Hallway com
pany. The court recently held that the grain
elevator law of that state as originally
enacted was unconstitutional because, in
requiring the railroads of the state to build
switches to elevators along their right of
way, It took private property without com
pensation. SI. Joseph t hurchru Desecrated.
ST. JOSKPH, Mo.. May 16t-Vandals or
thieves have been dolus connlderable dam
age to Human Catholic churches here
within the last week, and last night St.
Joseph's cathedral was entered. The mile
box for the poor was smashed and the con
tents taken. At tlie rhurch of the Immacu
late Conception a costly art window was
Balloon Hunting in Autos
Sport for Iowa Farmers
A chase for ten miles across country by
two farmers traveling In an automobile re
sulted in the capture In Iowa of Hie
"sounding" balloon sent up by the veather
observers at Fort Omaha on the aft-rnonn
of Kiiday, May 13.
Once anoid of tie untitling gas hafc, M. H.
Harned, a Fremont county farmer, had a
butt'e that came near '.ostng inm his valued
somhrero and added spice to the chase. Mr.
Harned re'zed the balloon cords which re
assert the partly filled rubber envelope
from the parachute covering which sup
ports the instruments. His hat became en
tangled In the strings and he found him
self standing in the middle of the fields
with , the Instrument basket In his hands,
while the gas bag slartcd across country
with his headgear.
Sam I hamnen,. with whom he had 't
out on the balloon hunt, brought down the
p rate balloon with a lucky throw of a
mick, w nu n puncuirea tne rubber en -
. ... -r,... . ... . . . ,,,, , lllv prevailing
. a . ,, '"'t ' '"Bt Wln'1 of ,h ,nlr1 or ""Per
W hen the wounded balloon came down strata of the at.no.phere. The balloon was
within itach. thev captured It, and tying f shlpiwd to Mount Weather, Va , according
up the break, drove back tu Anderson, alio the directions it carrle. .
hear buzzing V
BOOSTERS INVADE DAKOTA
Cmaha Trade Excursionists Get Wel
AT YANKTON AND SIOUX CITY
fiate City Hells ItinaT 0t Every
where Sioux Cltyans Unite to
Boom Missouri River
PIOUX CITY. Ia., May 16. (Special Tele
gram. ) Met at Ifcstrrvllla tf. D., this
afternoon by Judge E. T. White, mayor
of Yankton, elected on the commission
plan for five years, the Omaha trade
boosters were escorted Into the city famous
for Its cement, and tsken uptown in auto
mobiles decorated with flags. Everywhere
flags were flying and badges of the Yank
Ion Commercial club bade the visitors wel
come. . ' : ' v ' '
" VA-. v W. -Retteries fnt"' the Ootahans and
Judge- White spoks1 from a stand In the
tnaln street. ..The reception ut Yankton Is
typical of hiy the visitors are receiving
every where tav 'South Dakota. wJieie ,ivW
friends Rre being made for the market
and South Dakota' astonishing resources
are revealed to the Ornahans. All day
they have passed through an artesian belt,
between lakes of water full of fish and
by. fields promising good crops as well
as corncrlbs still full of 50-cent grain.
At Vermilion, the University of South
Dakota welcomed the visitors. Elk point,
one of the oldest towns in the state, had
another ovation waiting.
While Sioux City is no mean city. It
whs ringing In three minutes with Omaha
bells after the party arrived at 7:.0 this
evening, and marched to the Commercial
club rooms for an Informal reception by
the S'.pux City Commercial cluh. The
friendliness of the two cities is said Vo
demonstrate) beyond a doubt the co-opera-tlm
going on between them for Mitsjurl
river market supremacy.
Speaking at Tyndall Monday afternoon,
the crowd yelled for more from Jeffe. Is
when the whistles blew, and the train got
behind for a few. minutes for the first
, Today's Route.
This Is the route of the trade excursion
for Tuesday, May 1, the party traveling
over the Milwaukee & St. Paul railway
and spending the evening In Scotland,
8. D.: .
Sioux City, Ia 6:4i am
Westfield. Ia 7:4.". am 8:(Ham
Akron. Ia. 8:10am 8:ami
ChatHworth, Ia 8:45 am 8:55 am
llawarden, Ia 9 07 am 9:32 am
. . !l:Sn am 9:40 am
Hudson, S. D v,
Fairvlew. a. D
Harrisbiirg, S. I)
Sioux Kails, S. D
Canton. S. D..!
Worthing. S. D
Lennox. S. D
Chancellor, S. D
Parker. S. I)
Marion Junction, S. I)
Freeman. S. D
Men no, S. 1
Sc. 'Hand. 8. D
.. t:im 10:11 am
..10:f4am 0:K am
..11 20 am 11:30 am
. .11:!Xlaiu 1 :00 pm
. . 1 :4n pm
. . 2 :M pm
. . S'l'i pin
.. .1:4-1 pm
.. 1:10 pm
.. 4 43 pin
. . 5:20 pm
. . S:fL pm
3:i ",S pm
:30 pm midnight
All Nt-rnmtilo for the IlrMa
GEDDKS. 8. D., May 10. (Special Tele
gram.) Under the brightest of sides, the
(Continued on Second Page.)
nearby town, with it sailing in Die air at
the end of a tether tied on the steering
post of the automobile.
"We had no Idea what tlie thing was."
said Mr. Darned, who came to Omaha
Mondsy, "Looked like It might be a mes
sage from Mars or a chantecler hat from
where we saw it sailing over the town.
We got Into my machine arid started after
it when It first came In sight.
"The instrument an. mac;i nery In that
little basket Were still going some when
e goi a noio or it. we stopped it. Afraid 1
tne blamed thing might blow up."
The ball ion captured near Anderson. Iv
I, , L. a ........ ,1 . . 1 1 I .
i"' rruriin it, nay,, tepn Iieam flYim
that side of the Missouri river. One rent'
uh wiv uiiibiih a i.-w nays ncrcre was
found near Shonandoah. The balloon
which Mr. Harried found came to earth at
7:30 o'clock, two linum mnA - t.t . .
nn , T. .. . rt mU.. i .
the ascension at Fort Omaha, a distance "f
I ,ty mile,, away. The steed at which the
I ball. traveled Indicates that it reached
. . helsht f eovorei -.ii.. i... .i.
Kansas City Physician is Found
Guilty of Murdering Colonel
Thomas H. Swope.
JURY CUT FOR THREE DAYS
Every Attorney in Case Had Oiven Up
Hope of Agreement.
WILL MOVE FOR NEW TRIAL
If This is Refused Appeal Will Be
PRISONER MUST STAY IN JAIL
Missouri Does nt Permit lie.
lease on Do ml of Persona Who
Have llecn Convicted of
KANSAS CITY. May l.-ehlnd the bars
of the county Jail, Dr. B. Clark Hyde la
confined, convicted of murdering Colonel
Thomas II. Swope, his wife's uncle, on last
October 3. The jury, after being out since
last Friday, returned Its verdict this
morning. The prisoner smiles.
Out In her fa-hlonuble home on Forer'
avenue. Mrs. Hyde and two sisters of tl.
convicted man weep and hope. All ot the.
believe the supreme court will reverse t..
In Independence Mrs. Logan O. Rwo;h
mother-in-law of Dr. Hyde. Is near col
lapse. She Is glad to be endorsed by a Jury
for ciaselcss prosecution other daughter-!,
husband, but the shock of the conviction
hjlR mil,lA Via,. ........ .
,,;,, uus Bna weak. ne was
not present today when the verdict was
Dr. Hyde will be sentenced late this week.
At first Judge Latshaw thought he would '
sentence the prisoner Thursday, but It will
probably be Saturday. The physician's at
torneys will ask for a new trial and then
appeal the case. By law, Dr. Hyde cannot
now be admitted to ball.
Verdict, Is Defamed.
Dr. B. C. Hyde was found guilty at 10 2J
today of murdering Colonel Thomas H.
Swope. His punishment was fixed at life
"Oh. Clark!" cried Mrs. Hyde when the
verdict was read by Judge Latshaw.
She threw her arms about his neck and
wept silently. Then she patted her hus
band on the check.
Dr. Hyde sat motionless. He looked
firmly at Judge Latshaw while the verdict
was being reeehed. As the words "im
prisonment In the state penitentiary during
his natural life" were pronounoed Ms eyes
fell upon the floor.
, "Don't -vorry, dearie," Dr. Hyde said to
his wife as she clasped him In her arms,
Mrs. E. N. Hopmnp., and. Miss. Laura
Hyde, sisters of the physician, looked di-
tressed, but did I ot break down. They
tried to comfort Mra. Hyde and apprar
brave before her.
"We hope for the best," they said. "We
don't understand this verdict. Clark is
"I haven't lost hope," declared Dr. Hyde.
Hrde Taken Dark to Cell.
Within ten minutes after the verdict had
been returned the physician was on his
way to his cell. Mrs. Hyde remained In
the court room for some time. She waa
extremely weak. Neither Mrs. Logan O.
Swope nor any of htr children except Mrs.
Hyde was In the room when the Jury re
ported. The physician wll bj sentenced In open
court by Judge Latshaw either Thursday
or Friday. The law allows the defense
four days In which to file a motion for a
"Treat that prisoner the same as any
other," Judge Latshaw ordered County
Marshal Joel B. Mayes. "Olv him a few
privileges and no luxuries."
The usual custom of permitting prisoners
to send out for their meals will apply in
Dr. Hyde's case, but he must sleep In a
Will Ask .ew Trial.
"I will file a motion for a new trial and
then take an appeal in the case," said
Frank P. Walsh, chief counsel for Dr
The verdict came unexpectedly. Every at
torney in the case had given up hope of
the Jury, which had been out since Friday
night, coming to an agreement. It was
reported this morning that One Juryman
vowed that he would vote for acquittal
"until I die of old age."
Judge Latshaw was obviously perturbed
by the actions of the Jurymen. Half an
hour before the verdict came In he de
cided to change his plan of discharging
the Jury tomorrow morning, if they did not
agree. He planned to hold them for sev
eral days longer.
( nmil i)olrkl)- Oatbera.
Only a small crowd was In ' the court
room when the announcement came that
the verdict wss ready. However, the news
spread rapidly and every Inch of space In
tho court room was occupied when the
Jude look his seat.
"Thero must he absolute quiet In the
room," said the court. "The marshal ia
ordered to arrest anyone making a demon
Fiom out of a little side room Dr. Hyde,
his wife anfl his sisters walked and sat
down at the defense's table. The overcoat
the physic al! hod worn for two duvs, as If
ho were ready to go home was conspic
Judge W. T. Johnson and John A. Lucas,
attorneys fir the defense, came In and
sr.t down. All of the state's attorneys
The gioup at Dr. Hyde's table was hope
ful, but lncllnd to neivousness. Reports
unauthorised, but persistent, wM (hat for
many hours the vote had been eleven to
one for conviction. The arrival at an
agreement made It practically certain the
physician hail b. en found guilty. Hut In
the fnec of all the discouraging pros-
j peels, Mrs. Hyde tried to be brave.
"I think It win be all right." she said
to her husband, and smiled.
,'lttl " Wa" ",M ,n r'",lln" ths
veroict. i lie i-iuu iimm ii, ana, at the
marshal's ordeis, aroxe arid silently trooped
out of the room. There was no more con
fusion than if the throng had been leaving
Jurors tin Home,
Judge LntshaiW thanked each of Ihn
. ..... .. .
jurors iiimm luuuuy auu inrn iney nurrieil
I home. And they were glad to go, fr it Is
Just five weeks ago today that the trial
; start, d
A llour ,ftcr tne vdl(.t m rtIlcnt4t
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