Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 17, 1910, Image 2

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    The Omaha Daily
For Nebraska Fair.
For Iowa -Hain and cuUlor.
For weather icport boo p:igr 1'.
goes to th homes la read bj the)
omrc-i!li grods for advertiser.
i .
Provision Kept in Railroad Measure
by Senate in Victory of
Iowan'i Attempt to Strike Item Out
Loses 37 to 28.
Raise for Lake
Shore Trainmen
and Conductors
Kansas City Physician is Found
Guilty of Murdering Colonel
Thomas H. Swope.
Every Attorney in Case Had Oiven Up
Hope of Agreement.
If This is Refus-d Appeal Will Be
Special Ambassador to Attend King
Edward's Funeral Met by Vice
Admiral Neville.
Arbitrators Award Them Same Rate
of Increase Granted Men on
Baltimore & Ohio.
Rejardrd as Fruit of Efforts to
Solidify Administration.
f.i'urutan' Proposal to Have t tilled
State Clrrult I unrl. Art on
Commerce faars Proves
ot I'onnlnr.
WASHINGTON, M;iv Vi Who tsoever
may be the fate of the other provision!! of
the railroad bill the proposal to establish
h court of commerce will be retained, the
senate today tukiiiR affirmative action In
that direction, as the house previously had
done. The vote wan obtained on a motion
by Senator Cummins to strike out the en
tire six scctlona providing for the establish
ment of the court, the result being In the
negative, 28 to 'il.
The entire negative vote was cast by re
publicans, although eight republicans voted
with the domocrats In support of the mo
tion. The affirmative republican votes
aere cast only, except In the Instances of
Senators ltorah and rawford, by the most
pronounced of the "Insurgents," Messrs
Ueverldge, Bristow, Clupp, Cummins, Doll
ver and LaFullette.
k The action was a distinct triumph for
the rcgujtr republican organization and was
the first fruit of recent efforts to solidify
the administration forces so as to Insure
the carrying out of1 the administration
Following this action, Mr. Macon pre
vented an amendment substituting the
lnlted States circuit courts for the court
of commerce In the trial of commerce
t ascs, but It was voted down without di
vision. A negative fate also met met an
amendment by Mr. ummlna reducing the
membership of the court from five to three.
Following these voles Mr. Cummins of
fered amendments modifying his substitute
for the stock and mond provisions and sub
stituting for the United States the Inter
state Commerce commission aa 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
eliminating the 'original bill appealed to
the senate t.g continue ht. work,..,. ., . ....
Declaring. thai) if" senators snould. voU
their ajnest convictions the court section
would be voted out, Mr. Bacon said he
would rather lose his right arm than be
responsible for so radical a change In the
Judiciary as this bill contemplated. .
Proceedings Taken l'u.
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 rappearanco out of the question."
Therefore congress was providing a new
court of five judges to try cases at the
rate of seven a 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
n-hit were willing to squander 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 tempettion.
We are Inviting the danger that always
ias been apprehended wtlh respect to spe
; allstd tribunals," he said.
Henutor Bacon, In strong language, ques-
Cloned the "unfortunate Innovation In our
vf. furihiary system." He thought the change
10 be fraught with many risks. Mr. lioruh
clltlclaed the court as unnecessary, be
cituse of thr- small volume of business to
bo done.
v "Every court of the kind that has been
"created has drifted down Into a servile
ool, he asttrtod.
A motion . Senator Cummins that the
senat-. strike ut, of the railroad bill tho
six sections to creHte a court of commerce
was defeutcd. The vote on the Cummins
amendment was 28 ayes, 37 noes.
Finds it Hard
to Marry Often
Iowa Man, Divorced, Tries Two States
in Effort to Get License for
Next Match.
Itaac E. Klrby ot Spencer, la., got rid
pf his first wife a month ago, or else, she
got rid of him. Anyhow, the two were di
vorced. Mr.- K'rby desired to wed Miss Nellie H.
Goddard, and finding the Iowa law hostile
to so prompt a remarriage, he came to
Omaha. Munduy, he discovered on apply
ing for a marrige license, that the Ne
braska statute also helps to make the
course of true love rugged, when true love
Is running its second race.
f Convicts Killed
Af Trying Escape
Thirty-Four Inmates of Alabama
Prison Dead Through Fire Set
to Burn Stockade.
CENTER VI LLK, Ala.. May 1S.-A ,
distance telephone message says that
Cilrty-four convicts were burned to death
and another was shot and killed while try
Inn to ascape from a stockade at Lucille
today. The stockade was set on fire by
a convlrt and a wild dash for liberty is
f ibouinu 10 nave been planned
NEW YORK. May 18. -The trainmen and
conductois of the Lake Shore and Michigan
Southern railroad and Michigan 'Central
have been granted wane Increases Identical
with the Baltimore & Ohio awarded by the
arbitrators, P. H. Morrissey and K. U.
Clark. The announcement was made by
A. H. Garrt-lun, president of the Kaitway
Conductors, today.
inductors and W. O. Dee,
Brotherhood of Hallway
V the following statement:
pres if '
Tralnii t
Lake sj
as obtaii .
n Miking t
standard '
of the arbitrators In the
il Michigan Southern and
taies gives the same rates
;e Baltimore & Ohio, thus
'. on those two properties
1 lines on which settle
ment has
been made, the terms
4 the same as the New
of the awa
Tork Centr V
aut the deferred pay-
merit In any
It establls.fTTE New York harbor rate
across the province of Ontario on the
Michigan Central from Detroit' to Buffalo
Conditions at
Chang Sha Again
Most Serious
All Foreigners Are Officially Notified
to Seek Refuge on Ships that
Are Available.
WASHINGTON, May 16.-Another upris
ing at Chang Sha, China, Is feared. The
commander of the United 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
11th Inst, to seek refuge on the ships that
were available. The war vessels In the
river are belieVed 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 Manchu government.
The present movement In Hunan province
la 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 antl-forelgn sentiment.
The proposed line of railroad from Han
kow south runs directly through this
province, and It Is believed the disturbed
conditions there will stimulate, the Chinese
authorities to their best effort to bring
about the construction of this road as
early, aa possible, as upon its completion
the' government will be In apposition, to
rush troops to -the dlsaffeeted'sectioni
Halley's Comet
Changes Its Form
Its Nucleus is in Shape of Pointed
Crescent and Tail is Much
GENEVA, N. Y., May 1.-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 tail stretching out In a broad
band across the heavens to a length of
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 obsetva
Light Rains Check
the Forest Fires
Towns of Walker and Bemidji,
Minn., and State. Hospital Are
No Longer in Danger.
ST. PAUL. Minn.. May 1S.-A telephone
message from Walkir, . Minn., today con
veyed the Information that the forest fires
which threatened that town and the Slate
Tuherculosls hospital near there had been
checked by a light rain and that the dan
ger was temporarily Teased. The. same re
port f came from BenldJ'.
It is cloudy there and the prospects for n
hecvy fall of rain were promising.
Light rsln appear 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 othrr documenta,
Mlsa Elizabeth F. McCartney presented the
odd spectacle of a woman attorney In police
court In defense of Dr. and MJra. J, M.
Whlttsker, who live In a residence on
Ptne 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 Wnlttaker residence stands on
a lot which might with equal verity be
numbered 821 tSb. 827 or C9. Judge Crawford
In the end dismissed the charge.
"I can't fin a person for refusing to use
a house number, which may prove to be
an Improper ons."h said.'
IHputlea from tho engineer's office tes
tified that the number used by the Whlt
takers now, Kt, legally belonged to the
house Immediately west of It
Mtsa McCartney and the defendants eon
tended that there was an unoccupied space
Views Body of Deceased Monarch at
Buckingham Palace.
-A !
Received by New Sovereign at the
Marlborough House.
Mourning; for Dead Ruler Pnts
Quietus on Proarrain Initially
I' rr pa red 1. nut Kites Sched
ule?! for Friday.
LONDON. May 16. Theodore Rousevelt,
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 appearance at
other capitals and with what would have
been made of the occasion here but for the
demise of the British ruler. '
It was whit Monday holiday, bnt 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
Held 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
Berlin 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 for 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 Kind's 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
ceeded for this ojty, which was reached
at 7:30 o clock. It had been supposed that
Mr. Roosevelt would arrive on the regular
train, an! this fact may have accounted
In part for the. comparatively -small crowd
at -he' stat tod.
6n the station platform awaiting the
Roosevelts were Ambassador and Mrs.
Reid and the members of the American
embassy and their wives, all dressed In
mourning; Consul General Griffiths and
the staff of the , consulate, Robert J.
Wynne, former American consul general
at London; Ogden W. Reid, 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. Retd
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. Reid, Mr.
Roosevelt, In the capacity of special Amari
ccii 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 cataifalque, reposes the
body of King Edward. Mr. Roosevelt was
accompanied to the palace by Mrs. Roose
velt and the members of the American
embassy mud 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
funeral. ,
l. ti. Walker, President of Defunct
Cleveland Concern, Given
r"lre Year.
CLEVELAND, O.. May 1.-U. G. Walker,
former president of the defunct South
Cleveland Banking company, was sentenced
to five years In the Ohio state penitenti
ary today. Walker was found guilty of
perjury for making false statements lo the
state bank examiner. The financial con
dition of the bank, which failed for more
than ll.CHO.OOO. 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 controversy would arise
over the number question. They argued
that If any change should be made, the
Whittakers' home should be numbered 823
ana an the residences east of It, necessar
ily, should be renumbered in sequence with
higher numerals. The Whlttaker home oc
cupies groung covering sixty-six feet front
ago and, therefore by law Is entitled to
assume a number for each twenty-two feet
of frontage.
Miss McCartney explained she was not
officially retained as counsel for the de
fendants, but was acting as a friend. She
has ligured prominently In Omaha aa for
mer principal of a public achool, the' sec
retary of an educational Institute and as
leader In the local woman's suffrage
movement and charity work. At one time
she was a candidate for office In the city
educational department.
Miss McCartney's activity In poll, e cot i t
Is the first case of a woman in the role of
attorney In that court-
Mr. Bryan-
From the Spokesman-Review.
On Anxious Seat as to What Mr.
Bryan Will Say.
Both Jacks and Jlnia Are Keeping
Quiet as to ae Situation -Smaller
Hall le4 for Mr.
Bryan's Visit.
Peevishness Is very appavent among most
of the local democrats leaders touching the
meeting to be . held ; Tuesday evening at
Washington hall, wh, h Mr. Bryan Is to
address on the extstin -political situation In
Nebraska. , '
From Mayor Dahla"' and Boss Flyr.n
cleain down the line -he old-time Bryan
boosters and cronies are keeping the soft
pedal on the consultations they hold, and
the expressions they give Voice to. , .
The turbulent Jv with rare ex-'
ceptiona, are keepluVJvtfaa quiet as the
Dahlman men. Some of the Jacks are un
derstood to be quietly urging the Bryan
progrum as the- correct one for the pairty,
but their Influence along this Mne 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
the state organization to second place, be
hind the Btrldent prohibitionists.
Borne 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
small crowd will fill Washington hall so
there will not be a very noticeable vacuum,
whereas the larger building shows vacancy
to a freezing degree It it Is not pretty well
Who Will Meet Hrjnnf
Considerable curiosity is now aroused as
to the personnel of the party that will
meet Mr. Bryati 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
ot personal courtesies, It Is a cinch the
public will not witness the real talk to be
exchanged by th mayor and the demo
cratic control. Mayor Dahlman has made
himself understood on the liquor question
so plainly that thers seems nothing more
to be said, and the line of 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
warm In the mutual admiration line, while
the exact contrary is true of the "spiritual
control" man and the 'mayor. Then, who
(Continued on Page Two!
People who can
get along very well
with second-hand
things, are watch
ing the For Sale
Bee daily.
of The
Every day someone is advertis
ing an article that they do not need,
and every day somebody la snap
ping up thf-se articles.
Y.ou have something about the
house that you do not use?
What U It?
It has value.
Somebody wants it, and will pay
for it.
Call Douglas 238 and tle
smbo it to the ad taker and
she jwU tell you what an ad
will cost to cell it
-"Can that be the presidential bee I
Oil and Tobacco
Cases Will Be
Reargued in Fall
Supreme Court Sets November 14 as
Date for Rehearing Morse
Application Denied.
WASHINGTON. May 16. -The supreme
court of the United States today fixed
November 14 as the date for the rehearing
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 lay, cases.
Kentucky Liquor ,
Law is Valid
Supreme Court of United States Up
holds the State License .
Tax Statute.
WASHINGTON, May 16.-The Btatute of
Kentucky passed March 20, 190S, levying a
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
the Judgment of the federal courts in Cali
fornia, which sentenced Ouetave Hollmbren
to pay a fine and to Imprisonment for
three years on a charge of perjury.
Nebraska Grain
Elevator Act Void
Supreme Court Refuses Rehearing in
Case Against Missouri
wAstiiAuru.x, .May 16. The supreme
court today refused a reheurlng of the "ele
vator case" of the state of Nebraska
agalns tthe Missouri Pacific Railway 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
St. Joirph Churches Desecrated.
ST. JOSEPH, Mo.. May 16..-Vandals or
thieve have been doing considerable dam
age to Roman Catholic churches here
lthin 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 the church 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 (he
"sounding" balloon sent up by the Weather
observers at Fort Omaha on the afternoon
of Fi Iday, May 13.
Once anoid or tne untitling gas hag, M. il.
Harned, a Fremont county farmer, had a
butt e that came near :os:ng lum his valued
sombrero and added spice to the chase. Mr.
Harned seized the balloon cords which re
leased 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 started across country
with his hearlgeur.
Sam Chambers, with whom he had set
out on the balloon hunt, brought down the
prate balloon with a lucky throw of a
stick, which punctured the rubber en
velope. When the wounded balloon came down
.... . .. . . "
within teach, they captured It. and tying
uj i,.v w.t,.,,, u.v.s tv iu miucituii, a
hear buzzing?"
Omaha Trade Excursionists Get Wel
come Everywhere.
riate City Hells Hlnai Ont Kvery
m here Sioux lltyana Unite to
Boom MlMosrl River
FIOUX CITY, la.. May Iff (Special Tele
gramsMet at
Lostfrvlllo. S. D., this
afternoon by Judge E. T. AVhlte, mayor
of "Yankton, elected on the commission
plan for five years, the Omal'a trade
boosters were escorted Into the city famous
for Its cement, and taken uptown In auto
mobiles decorated with flags. Everywhere
flaga were flying and badges of the Yank
ton Commercial club bade the visitors wel
come. . x
' -. -v W. -efferles tor" the Omahans and
Judge White' spoks from a stand In the
main street The reception at Yankton Is
typical of WhA't the visitors are receiving
everywhere. 'In South Dakota, wjie-re ,ivVw
friends are being made for the market
and South Dakota's astonishing resources
are revealed to the Omahans. 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 60-cent grain.
At Vermilion, the University of South
Dakota welcomed the visitors. Elk I'oint,
one of the oldest towns in the state, had
another ovation waiting.
While Sioux City Is no mean city, It
was ringing in three minutes with Omaha
bells after the party arrived at 7:ro this
evening, and marched to the Commercial
club rooms for an Informal recptlon by
the Slpux City Commercial club. The
friendliness of the two cities is said to
demonstrate beyond a doubt the co-opera-tlcm
going on between them for Mltsiuri
river market supremacy.
Speaking at Tytidall 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 18, the party traveling
over the Milwaukee & St. Pnul railway
and spending the evening In Scotland,
S. D.:
Leave. Arrive.
Sioux City, la.. :4i am
Westfleld. Ia 8:00 am
AKron, ia.. N:10am
Chataworth, la S :45 am
8:30 am i
8:55 am
f .S'i am
9:40 am
10:13 am
10:S am
10:M am
11 :."0 am
1 :00 pm
2::t0 pm
S:O0 pm
3::f pm
3:, '5 pm
4 :' pm
4:.V pm
S' pm
1:I0 pm
Hawarden, Ia 9 07 am
Calliope,- la .- !:Hnam
Hudson. S. D v. 9:MSam
Falrvlew. S. D 10:2 am
Belolt. la KI M am
Harrisbttrg, S. D 11 20 am
Sioux Falls, S. D 11 :W am
Canton, S. ..'. l:4fi pm
Worthing. S. D 2:Mpm
Lennox. S. D 3i j pm
Chancellor, S. D ,14'ipm
Parker. S. D 1:10 pm
Marion Junction. S. D I 13 pm
Freeman. S. D R.H) pm
Mennn, S. D S:S5 pm
Gotland. S. D (1:30 pm midnight
All Nrrnmtil? far the llcMs. ,
GEDDES, S. D., May ll.-(Spe ia I Teh
gram.) Under the brightest of sides, the
(Continued on Second Puge.)
nearby town, with It sailing In the air at
the end of a tether tied on the steering
post of the automobile.
"We had no Idea what the thing was,"
said Mr. Harned, who came to Omalia
Monday. "Looked like It might he a mes
sage from Mars or a chantecler hat from
where we saw It sailing over the town.
We got Into my machine and started after
it wlinn It first came In sight.
"The Instrument an. tnarintory In that
little basket were still going some when
we got a hold of It. We stopped It. Afraid
the blamed thing might blow up."
The ball ion raptured near Anderson, !.,
Is the second to have been heard from or!
that side of the Missouri river. One sent
up at Fort Omaha a fw days he for was
f:.und near Shenandoah. The balloon
which Mr. Harried found came to earth at
7:30 o'clock, two hours and a half after
the ascension at Fort Omaha, a distance of
fifty miles away. The speed at which th
bsllr.nn traveled Indhatea that it reached
neignt or several miles int i the pre
west 11 east Winn or the third r,r
strata of the aim,nl,r. Th. t.ii I
strata oi tne aimopiiero. The balloon was1
shipped to Mount Weather. Va. . a,.c,.rrti,, .
f to wis oiiict'-ons ii carrleo-
Missouri Law Does nt Permit Re.
lease on Bond of Persona Mho
Have Bern Convicted of
KANSAS CITY. May lfl.-Hehlnd the bars
of the county Jail, Dr. R nrk Hyi,e u
confined, convicted of murdering Colonel
Thomas H. Swop. his wlfc-'s uncle, on last
October 3. The jury, aft,r being out since
last Friday, returned Its verdict this
morning. The prisoner smiles.
Out in her faihlonuble home on Foref
avenue, Mrs. Hyde and two sisters of tl.
convicted man weep and hope. All of the.
believe the supreme court will reverse t..
In Independence Mrs. Logan O. Swo;ie
mother. In-law of Dr. Hyde, Is near col
lapse. She is glad to be endorsed by a Jury
for ciaseless prosecution of. her daughter's
husband, but the shock of the conviction
. muue ner nervous and weak. She
not present today when the verdict
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 Returned.
Dr. B. C. Hyde was found guilty at 10-23
today of murdering Colonel Thomas H.
ope. ins punishment was fixed at life
"Oh, Clark!" crl'v' Mrs. Hyde when the
verdict was read by Judge Latshaw.
She threw her arms about his neck and
wept illently. Then she patted her hua
band on the cheek.
Dr. Hyde sat motionless. He looked
firmly at Judge Latshaw while the verdict
was being received. As the words "Im
prisonment in tho state penitentiary during
his natural life" were pronounced Ma eyes
fell upon the floor.
, "Don't orry, dearie," Dr. Hyda said to
his wife as she c:asped him In her arms.
Mrs. E. N, Hopkins. , and, Mlsa Laura
Hyde, sisters or the physician, looked dis
tressed, but did tot break down. They
tried to cdmfort Mrs. Hyda and appear
brave before her.
"We hope for the best," they aald
uon i unaersiand this verdict,
Innocent." i
Clark Is
"I haven't lost hope," declared Dr. Hyde.
Hyda Taken Back 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 was
extremely weak. Neither Mrs. Logan O.
Swope nor any of htr children except Mrs.
Hyde was In the room when the Jury re
ported. Tho 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
new trial.
"Treat that prisoner the same as any
other," Judge Latshaw ordered County
Marshal Joel B. Mnyea. "Glva him a few
privileges and no luxuries."
The usual custom of permitting prisoners
to send out tfor their meals will apply n
Dr. Hyde's case, but he must sleep In a
Will Ask ,tr 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
me jury, wnicn 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 plunned to hold them for sev
eral days longer.
Crowd Quickly (inthera.
Only a small crowd was In 'the court
room when the announcement came that
tho verdict wsa ready. However, the news
sprc:id rapidly and every Inch of space In
tho court room was occupied when the
Jiule took his seat.
"There must be absolute quiet In the
room," said the court. "The marshal Is
ordered to arrest anyone making a demon
stration." From out of a little side room Dr. Hyda,
his wire ann his sisters walked and sat
I down at the defense's table, The overcoat
I the physic an hod worn for two davs, aa If
j ho were ready to go home was consplo
! uoMsly absent.
JudgB W. T. Johnson and John A. Lucas,
attornrys for the defense, ceme In and
sr.t down. All of the state's attorneys
wero present.
The Kioup at Dr. Hyde's table was hope
ful, but lncllnil to net vousness. lleports
unauthorized, but persistent, were that for
many hours the vote had been eleven to
one for conviction. The arrival at an
agreement made It practically certain the
physician had b. en found guilty. But In
the fnec of all the discouraging pros
pects. Mrs. Hyda tried to be brave.
"I think It will be all right," she said
to her husband, and smiled.
Little time was . wasted In reading thr,
verdict. The crowd heard It, and, at the
marshal's ordeis, aroe and silently trooped
out of the room. There was no more con
fusion than if the throng had been leaving
a theater.
Jurors ftn Home,
Judge Latshaw thanked each of thn
Jurors Individually and then they hurrle.1
k,. i,i iv..v u,.,.. i,.,i . .... .... ,
, . ' . '
Just five weeks ago today that the trial
An hour after the verJkt was reached.