Nebraska Newspapers

    The Omaha Daily Bee
Locking Eatlnrard
This Dxj la Omaha
WEATHER FORECAST.
Fair; Colder
AC
VOL. xli-ko. us.
OMAHA,
tiTaSDay mdknl(j. ocT(iu:r ;n, jiii-tvkivk p.ujks.
SINCl.K COPY TWO CKXTtf.
BORDWELL RULES
AGAINSTDEFENSE
Judge Accuses Attorneys in Mc
Namara Case of Trying to Cir
cumvate Hi Decision.
HE REJECTS TWO CHALLENGES
Disbelief in Circumstantial Evidence
Available to State.
THREE MORE PASSED FOR CAUSE
Darrow Takes Exception to Both of
Court's Rulings.
INVESTIGATOR FACES TALESMAN
Attorney in Emptor of llefenae Con
fronts Venireman Who Had Sitid
lis Had Not Told Any
One of Opinion.
I.OS ANGEI.ES, Cal.. Oct. WV-Judge
Walter llordwell accused the defense In
the McNamura murder cuse today nf
trylnK to circumvent his ruling and rn
Jected two challenges against talesmen
which formed the baBls of his suppost
tion. He alxo refused to the defense the
privilege of challenge against a Jnror who
eatd ha would not convict a prisoner In
a capital case on circumstantial evidence
alone and holding that this challenge was
available only to the state.
Under these rulings the Jury box con
tained at the close of court tonight three
men passed for cause by both sides. In
addition to the four qualified when the
day's aesslon opened. To both of the
court's main rulings today Attorney
Clarence 8. Darrow took exception In be
half of Ms client, James B. McNamara,
who la on trial for the murder of Charles
J. Ilaggerty, a victim of the Los Angeles
Times explosion a year ago.
For the first time since the trial bo-a-an,
the defense brought Into court to
day one of its Investigators to confront
a talesman. 8. B. H. Fitzgerald, an at
torney, took the stand after Oeorge W.
Johnson, a retired auperlntendent of an
Iron and brass foundry, bad said he had
not told anyone It was his belief thnt
the Times was blown up by union men
and had not talked to anyone about the
case. Fitzgerald testified that he vis
ited Johnson to obtain some statistical
Information,
In making his decision the judge de
clared the defense's second challenges
were with Intent to get rid ot the men
for grounds other than those made in
the challenge. He said that if the defence
had opposed the challenges presented Sat
urday by the state against Talesman T.
J. Lee, under somewhat similar condi
tions, he would have disallowed the chal
lenge also.
The decision destroyed the hope ot the
defense to get rid ot Winter and Framp
ton without using two of their precious
peremptory challenges.
Winter, In hi catnlnal!6n, said he fiad
an opinion which It would require evi
dence to remove that James H. McNa
niara, on trial for the murder of Charlea
J. Haggerty, a machinist killed In the
Loa Angeles Times explosion, waa guilty.
Krmpton'a statements were still more
positive. Under the law the court is the
sole judge of whether a man can give a
fair trial.
RESTRICTIONS PLACED ON
STATE QUARANTINE LAWS
WASHINGTON, Oct. 30.-Restrictions
were today placed on the enofrcement of
the quarantine regulations of the Depart
ment of Agriculture when the supreme
court of tho L'nlted States held that a
railroad which receives sheep under
cum amine in a state other than that in
which they are quarantined does not
violate the laws, authorizing the quaran
tine. In so holding the court affirmed
the decision ot the Ohio federal court,
- which quashed an Indictment against the
Haiti more & Ohio and Southwestern on
charges of having violated the quaran
tine against Kentucky sheep in 1910.
PRICE OF REFINED SUGAR
. IS REDUCED TEN CENTS
NEW YORK. Oct. 30. All grades of re-f'ned-sugar
were reduced 10 cents per 100
pounds today.
The Weather
For Nebraska Fair; colder In eastern
portion.
For Iowa Generally fair weather, ex
cept rain In eastern portion; colder.
Temperature at Omaha Yesterday.
Hours.
Deg.
6 a. m :w
g a. m
7 a. m us
8 a, in S"'
it a. m '
10 a. m , 4i
11 a. m 41
12 m 4 -'
1 p. in 43
2 p. ni 41
3 p. m 4.'.
4 p. m 4;
5 p. m 4i
S p. m 4'
7 p. m 4ti
i p. m 4C
tomptriilte I.ocul Itecord.
1011. 1910. 19f. Iff.
Highest yesterday 4fi 70 7i 40
1 rut yesterday ..a... 38 4S wi M
Mean temperature 42 to :
I'recipttation 13 .o .OU .0)
Temperature and precipitation depart
ures from the normal:
Normal temperature
Deficiency for the day 4
Total excess since March 1 "3i
Normal precipitation 07 inch
F.xccss for the day f'ilnch
Total rainfall since March 1 12.87 Inches
Deficiency since Match 1 14 M Inches
Deficiency for cor. eriod, 1910. . IS. 61 inches
Deficiency for cor. pertorl, li.. 53 Inches
Heporta frwui stations at T 1. M.
Station and State Temp. ll'Kh- Ha'n.
of Weather. 7 p. m. est. fall.
Cheyenne, pt. cloud v M '. MO
Duvenpoit. raining 44 4t .2
Denver, cloudy jii hi .Oi
1 vt Mo'.ntu, cloudy 44 41 .24
iNHlgv City, i lear '. &x .'
Ijuxler. cloudy 'Jti 4i . .Oi
North Platte, clear 42 .r.i .!
Omaha, cloudy 4t 4-i .13
1'urtilo, clear 4H W. .OI
Itupid City, clear 3 : .ml
Fait I-aka f'itv. clear 62 6m .'
hanta Fe, cloudy to 4k
Mien Ian, clear 34 44 0
flour I'tty, clear St 4 .u
VeaoUlte. clear it 42 ,ju
L A- WUn, Local ftMCvaaMr.
Congressman Copley
xeiis oi uonversation
With Lorimer
CHICAGO, Oct. 30. Congressman Ira
C. Copley of Aurora, III., today testi
fied before the committee of United
State senators investigating the Lori
mer case that lie told Lorimer In De
cember, 11 OS, that Lorimer could be
elected Vnlleu Pistes senator on a non
partisan basis.
Copley also said that lee ONell
Browne several weeks before I.otlmer's
election predicted that the senatorial
deadlock would lie broken with the re
election of Senator Hopkins by demo
cratic votes. Rrowne lutor, however.
shifted to Larimer, said the witness.
The Interpretation of the primary
law whs such that It ivf an oppor
tunity for Individual action. Although
Instructed for Senator Hopkins, many
members of the legislature voted fur
hlni only once ami then turned to other
candidates. Hopkins personally was no!
popular," the witness said.
Copley said that nfter Senator Hop
kins' majority hud been broken, lie
(Copley) was for Governor Dcnecn, until
he finally refused to lie a candidate.
The witness sslil he talked from Spring
field with Roger C. Sullivan in Chicago
when it was reported that Senator Hop-
kins had pledges from a number of
democratic members.
Mr. Sullivan came to Springfield and
told his democratic followers they must
not vote for Hopkins," the witness said.
'Did you believe there was money
used In that session In a jackpot or
other form to corrupt legislation?" asked
Senator Kenyon.
I wouldn't like to answer that ques
tion. I have not a knowledge personally
to back up such an assertion."
Congressman Copley taid he considered
that there was no possible opportunity
for the election of a democratic United
States senator.
Copley said that he spent s,000 or
19,000 as expenses In the primary cam
paign against Senator Hopkins In the
congressional campaign and In the cam
paign for Senator lorimer.
He denied that any of tills sum was
used corruptly.
Copley asked permission to correct a
statement by James Keeley of the Chi
cago Tribune on the witness stand in
Washington last summer.
"Mr. Keeley told as a fact that I said
Fred Blount was in Springfield with a
bag of money," he said. "Now I heard
that story simply as a rumor and I so
told Keeley. I did not see Blount any
time that session,"
Edward D. Shurtleff of Marengo, 111.,
former epoaker of the house In the Illi
nois legislature, was the next witness.
Shurtleff said that he had served three
terms as speaker and th9t his candidacy
for the speakership In tho forty-sixth
general assembly was announced imme
diately after the November election In
130J.
1
Girl Dies of Burns
After Five Days of
Awful Suffering
M1TCHKLL, S. D., Oct. 30 (Special.)
Death resulted in the case of Miss Kva
Hutchinson Sunday. She was burned se
verely five days ago from the attempt to
make a fire in the kitchen stove. In which
she used kerosene oil. It exploded, her
clothes caught fire and the Interior of
the kitchen was in flames, all in a sec
ond. The girl made her escape from the
house by running through the wall of
flame and threw herself to the ground,
rolling over and over, trying to extin
guish the fire. ' Unsuccessful In this, she
ran to a water tank standing near the
barn and threw wuter on her clothes, but
to no avail. With the exception of the
upper part of her waist every stitch of
clothing was burned. She secured u piece
of carpet fiom the barn and, wrapping It
around her body, she walked a quarter of
a mile to a near neighbor, where she was
cared fur. From her arms down she was
burned nearly to a crisp and there was
not tho slightest chance for her recovery.
She was IT years old. Neighbors hurried
to the farm house, which was eleven
miles northeast of this city, and saved a
Binall portion o ftho household goodi. the
parents being away at the time of the
fire.
New Clue in Dr.
Knabe Murder Case
INDIAN APO LIS, lnd., Oct. 80. That a
man was seen to emerge from a passage
way at the sldo of the apartment house
in which lr. Helen Knabe was killed by
a knife blow at 11:1" o'clock last Monday
night, the night Dr. Knabe met her
death, was reported to the police today
by H. W. Huskell, jiroprietor of a tobacc
shop.
Haskell tuld that the man walked
hurriedly in tho opposite direction. He
was tall, well dressed and wore a dark
mustache.
In tailing up this clue for investigation
the police said that though the hour at
which Dr. Knabe wad slain apparently
iiad been set at 12:10 o'clock, there was a
possibility the man Haskell saw was the
murderer und that he lurked about the
neighborhood awaiting his chance to en
ter the apartment tlnseen.
Coroner C. O. Durham today announced
that examination of the many surgical
Instruments In Dr. Knabu'a apartment
showed that none of them was used by
the slayer of the physician.
NORTHWESTERN OPENS NEW
SHOPS BUILT AT BOONE
HOONF., la.. Oct; 30.-fpecuU.)-The
Northwestem's new Improvements here
consisting of shops, round house, heatiug
ystem, power plant und water works,
costing a million dollars, were thrown
open this morning. Men were formally
transferred frcm the old shops. The new
yards, covering many miles of track,
were thiown open some time ago.
Mast t'ruabed la Kork Hprlugs Mine.
HoCK SPRINGS. Wyo., txt. IX-lSpe-clal
) Harry Bpludlow waa ciushed by a
trip train In No. It coal mine yesterday
and died a few hours luter. The trip had
Just been baulid up. but the cable broke
and the cars rushed back down the In
cftne, catching Splndlow bvfota L could
tcp out ut tu
CHINESE THRONE
GRANTS DEMANDS
Edict Provides for Full Constitu
tional Government and Pardon for
All 'Pnliti.Mil Offer, rl or.
. ..v
CONCESSION COMES TO Vv -
Belief in Peking that Sumaer Will
Not Save Manchu Dynasty.
CITY OF HANKOW IS BURNING
Imperial Troop3 Deliberately Set
Fire to Native Quarter.
CANTON JOINS THE REPUBLICANS
t;iaantlc Mass Meeting, I'nwin Iteso
latton and .cw Finn Are Hoisted
lllir Housetop l)eille the
lctrw)'a 1'rotcst.
PKKIXG, Oct. - The tin one has ac
ceded to the demand of the nulional as
sembly for u complete constitutional gov
ernment. In un impeiiul edict Issued to
day the throne humbly apologised for Its
past neglect and grains, an Immediate
constitution, with a cul'itu t from which
nobles shall be excluded and a free
pardon for the rebels and all political
offenders.
The government lias received reports
that the rebels from Tal Yuan Fu, the
capital of Shan-SI province, have marched
eastward and cut off General Yin
Tehungs railway communication with
Peking. Tni Yuan Fu Is SaO miles south
west of Peking and has been reported
before as having Joined the rebellion.
The government is preparing for the
defense of Peking. Terror lias now
seized the highest officials, many of
whom are deserting their posts and flee
ing to Tien Tsln.
It Is feared that today's surrender on
the part of tho throne has come too late
to save the situation.
SHANGHAI, Oct. 30.-A wireless mes
sage from tho British warships at Han
kow says that the imperialists are burn
ing the native city of Hankow and that
the entire advance of tho government
forces Is marked with hideous brutality.
The complete surrender of the throne
to the demands of the revolutionists
Is considered -here to have been an out
come of the negotiations between tho
latter and Yuan Shul Kai.
LONDON, Oct. 30. A dispatch from
Shanghai says that after the hard fought
capture of Hankow the Imperialists de
liberately set fire to the native city,
Hundreds of woundod revolutionists
perished.
' He verses of Rebels Mot Sertons.
TOKIO, Oct. 80. The reverses ot the
Chinese' rebels at Hankow are riot con
sldered here as serious, etragetlcally the
city is valuless and Its possession would
heavily rrandfr-aff the 'rebels.' It Is prob
able that they will strongly fortify Wu
Chang and make that city - their head
quarters.
The request of the Chinese government
for a loon having been made through
Sheng-Hsuan the then minister of posts
and communications, fell through as a
result of the minister's disgrace. As a
result of the general chaos in China the
Manchurlan loan has been definitely re
fused.
SAN FJtANCISCO. Oct. 30. A cable
gram received here today by the Chung
Sol Tat Po says the city of Canton
voted at a gigantic mass meeting yester
day, at which a majority of its citizens
were present, to Join the revolutionists.
Formal resolutions were passed, recog
nizing the revolutionary government and
notifying the viceroy of the action. Tho
republican flag was Immediately after
ward hoisted on all the housetops of the
city, In spite of opposition by the vice
roy.
A dispatch from Hongkong says the
city of Fai Chow has been taken by the
revolutionists.
"WASHINGTON. Oct. SO. A republic
named Kwang Tung has been established
by the people of Canton, Kwang Tung
province. China, Consul General jjerghols
cabled to the state department today,
The Manchu garrison of the c'ty has
been guaranteed protection.
Scope of Safety
Appliance Act is
Greatly Broadened
WASHINGTON, Oct. S').-.A a weeping
interpretation was given today by the
supreme court of the Vnited f-'tates to
the federal safety appllbiico acts when
It held that the law Is violated by khlp
merits by one point in a state to another
point in the bume state, if carried In a
car not properly equipped, but which is
used on a railway that U a highway
for interstate commerce.
This holding of the court was an
nounced by Justice Vandsvanter In a case
brought by the government against the
Southern Hallway comiany. It was nl
leged that couplers were out of repair on
cars which carried five shipments. The
three shipments which originated within
the state of Alabama and which were
destined also to points within the state
afforded the principal contest.
HUGO BROWN OF KANSAS CITY
KILLS WIFEAND HIMSELF
KANSAS CITY. Oct. 0.-IIugo Urjwn.
aged 41. agent for a barbers' supply com
pany, thin afternoon shut and killed his
wife. Margaret, aged then shot him
self to death. The tragedy lock place In
the parlor ol the lirown home In this
city, where the couple was f iund a few
minuies after the shotting, locked In each
other's arms. No cause for llruwn's
deed Is known.
ST. LOUIS SCHOOLMASTER
IS GUILTY OF LARCENY
ST. 1)1IS, Oct. an.-Allan P. Richard
son, former superintendent of the city
Industrial school, waa found guilty of
grand larceny of city funds by a Jury in
the circuit court here today and his pun
ishment fixed at two J ears Imprisonment
In the penitentiary. Two Indie, menu
chaining kome offenses against RlcharU
Mn are still ocu---
Front the Cleveland 1'
TAFT PROYES PHILOSOPHER
Says Hopes People Have Only Chas
tened Republican Party.
WEARIED BY HIS LONG TOUR
Address at Hamilton Club Follows
I.)lnu the t ornerstone of .New
HulldliiMV mill Trip ThrouaU
stock Yard.
CHICAGO, Oct. 30.- President 'l'aft sur
prised a large audience ut the dinner of
tho Hamilton club today by a stutement
In connection with the coming national
election. He was speaking to an audience
f republicans.
Republicans present hastened to ns-
crihe tho president's utterances to weari
ness nfter his long tour of speechmaklng
and especially after the three days' hard
"campaign" in Chicago. It was his last
public, utterance In Chicago before leav
ing for ItlUburgh tonight. He said:
'Now we are at some people think
the ci-IbIs in tho republican party ( with
respect to Its continuance In tho guid
ance of tho nation. I am hopeful that
the good people of the country, who know
a good thing when they see It, have only
chastened us In an off year In orde(f Jloston and Farley of New York, offl
that wo may be better hereafter, but
with no Inlelitlon of shifting from shoul
ders that are fitted to bear the burdens
of the present problems and carry them
to a successful solution to thoso which
are untried and which have new theories
of action that we do not believe in and
wo do not believe tho people believe In.
However, if so bo It that they desire to
make a change, we shall loyally support
the new government under any conditions
with the hope It will Inure to the benefit
of the country, but with the consolation
that if after one triul the people think
they ought to go back to the old party
thut has served hem so well In tho pro
gressive days they will do so we can
bear that, my friends, that la all."
. After ills address the president retired
In seclusion at his notel for rest. Though
he professed no weariness the three days'
steady strain hail told on Hlni und It was
a tired man who led tho presidential
party out of Chicago at 5:30 o'clock oes
the Pennsylvania railroad for Plttsburgn.
The address before the Hamilton cluh.
In which the possibility ot defeat found
expression, followed the laying of the
cornerstone of the new home of the Ham
ilton club, one of the leading republican
clubs of the middle west. A surging
crowd In the street strove so energetically
for a glimpse ot the president that he
was unable to speak for more than a few
minutes preceding the nctuul laying of
the atone.
The cornerstone ceremony followed a
trip through the stock yards and a visit
to the nutlonal dairy show at tho Dexter
pavilion. The remainder of Ills day till
spent at bis hotel In receiving politicians
anc. friend:).
lllli lMUM.lt AM AT riTTSni HUH
Mrenuoiia Day with I'nlqa Features
Awaits f'nuiliiK ot President.
PITTSBURGH. Pa., Oct. 30. A ftrenu-
ous and varlod entertainment, filled with
unique features has been arranged for
the visit of President Taft to this city
tomorrow.. The inuln . events are the
first unnuul meeting of tho national
mine safety demons! ration and first-ald-lo-the-lnjnrcd
competition of tho
Cnlted States bureau of mies; the cen
tennial of the beginning y steam navi
gation on the western rivers, and, at
night, tho bati'iuet if tho Pittsburgh
Chamber of Commerce.
The president "will retu h hern ut C:3l
a. in. on urtnhcr :tl from Chicago, and
will leave hue for Mot gaiitown. ,'. Va.,
early the next morning. Pittsburgh was
to have been the last stop of the presi
dent on his present trip before returning
to Washington, but the trip was ex
tended to include participation in tho In
stallation of officers of the I'nlwrslty
of West Virginia, the dedication of the
Lincoln farm memorial nl Hoilgeus
vllle, Ky.; a biief rest at Hot Springs,
Vs.; a visit to several places In Tenuis
see and u, stop at Cincinnati t vote on
November 7.
After breakfast in his private cur the
president v.lll go In Forbes field, where
will be held the competition of tho fli.-t-aid-to-the-lujurtil
teams from all parts
of tho country, unuer the auspices of
the Vnited States bureau of mines. The
mine fcafety demonstrations will bo held
at t lie eonchislon of the competitions.
In the test of explosives mriuge gallery,
or inlnature cou mine, will he uc
Al the conclusion of the mine experi
ments and tlie " onictlt;oin President
Taft Mill pieenl medals to the vlclois.
following Oils a parade of pi.ii? minus,
each representing one of the 1H.K7 men
killed in coal mines of the I nlted Stat'
Continued uu betwut Pa
That Fall Feeling
J) TimM''
lulu
EDITOR OF NEW YORK WORLD
WHO DIED SUNDAY.
josicvh rriJTZF.R.
Three New American
Cardinals Will Start
for Rome Next Week
WASHINGTON. Oct. 30,-Mgr. I Homed
Falconlo, the aposbplc delegate to tho
l'nlted Rtates, and Archbishops O'ConnvU
clal notice of whose selection as addi
tions to tho college of cardinals waa re
ceived here today, probably will sail for
Rome not later than November 10.
Mgr. Falconlo received his summons to
duy to attend the consistory at Homo No
vember 1T7. Ho does not expect to return
to America, us his position will be ad
visory to thn pope. Rev, llonaventurs
Cerreltl, the auditor of tho pupal delega
tion, will act ns charge de-uTfulres until
thn appointment of an ablegate to suc
ceed Mgr. Falconlo.
Mgr. Falconlo said he hoped to bo able
to sail by the dHte mentioned. Ho .ex
pressed his appreciation for the uniform
kindness of thn American people since ha
came to Washington. "I have become
greatly attached to thn American people,
because I am an American,' said he. "My
work In Washington us representative of
Die Vatican has been most pleasant. I
leave here with many regrets, but must
obey the call to other fields."
ROMK, Oct. 30. Comments on tho ap
proaching ennsistoty when seventeen car
dinals, including three from tho l"nlted
States, will bn created continue to em
phasise, tho greut significance of Pope
Plus' decision to grant America four rep
resentatives In tha Sacred college. Hy
some. It is asserted that tho way is being
paved for tho advent of an American
pope.
It is pointed nut thai the largest body
of Catholics In the world Is to be found
111 tho l'nlted Stutea and its possessions,
tho Philippine ImIiiiiiIh, Hawaii, Porto
Rico und (luiini. Not oulv lire the Cath
olics of America superior In number, but In
deep religious feel, loyally to the holy see.
in weisith and gem-rofliy. An Irb.li-
Amerlcan pope Is suggested for tho clay
when It shall be considered no longer
neccKury or the papacy to be held by
an Italian.
The American rollego faculty and slu-
ilents are rejoicing especially over the ele.
vutlon of Archbishop Fiuliy of New
York nnil Archbishop O'Cnm.ell of Hus
ton, as they are alumni of tho college
The former was omt of tho original thir
teen students when the college was
founded by Pope Plus IX.
Provision Company
Wins Point in Suit
Against Armours
PIIII.AI'KI.I'IIIA. Oct. Si. -The l.a-lein
Provislun coinpuny of this rltj, which
ihuigeil li.ut tho Armour company of
Ch cuko Was trying to force it out of
biin'uess. won a v let ii y ill the I'nlteii
.States district loiui here today wic-i:
Judge Mi l'herson dismissed a petition In
bankruptcy thut bad been filed against
thu concern by sevnal creditors. An ut
torncy repi -oi'liiig creditor ttuted that
an examination of the books of the com
pany did not show it we s insolvent.
Aged Woman Burns
to Death in Home
NKURASK A CITY, Neb., Oct. So.
(Special. I - A Miiall flame building on
Soul Ii Third street, occupied by Mis.
Catherine Rlcker. uged 77. was burned
this evening. After the fire llio body
of thn aged woman was found ill the
embeis. Thn limine was locked when
discovered by tielnhbors to be on fire.
Mrs. Rlcker has lesldctl here: for many
year and lias lived alone. Her only
son resides at Flgiu. The cause of the
I firs la unkuowBk
3r. .
JOSEPH PULITZER IS DEAD
Proprietor of New York World Ex
pires of Paralysis of Heart.
LEADING PUBLISHER OF COUNTRY
atlve of llnnaarr anil Hose Rapidly
From HumbU Position After He
Kntered .Newspaper Field Ac
tive In Hdarat tonal Lines.
CIIARLKSTON. S. C. Oct. M. -Joseph
Pulltxer, proprietor of tlie New York
World and thy St. l.ouls Post-Olspatch,
died ill 1:40 o'clock yesterday alMinrd his
yacht, the Liberty, In Charleston harhor.
The immisllati) cause of Mr. Pullttor's
deuth was heart failure. Ilo had been
In III health tor several days but utilll
a few hours boforo the end none of those
around him suspected the gravity of his
condition.
The change for the worse came at about
2 a. in. Monday morning, when he suffered
an attack of severe puln. Hy daylight
ho appcured to be better and fell asleep
after 10:30. He awoke at 1 o'clock and
complained of a puln In his heart. Soon
he fell Into a faint and expired at 1:40
o'clock.
Mind Remains Clear.
I'P to an hour and a halt before his
death Mr. Pulllser's mind remained per
fectly clenr. His (ionnan secretary had
been reading to him an account of the
reign of l.ouls XI of France. In whose
career Mr. Pulltxer had always taken the
liveliest Interest. As tho secretary neared
thn end ot his chapter and came to thn
death of the French king, Mu. Pulltser
said to him:
'I. el so, gaits Iclse" (softly, nulto softly).
These were the last words ho spoke.
Mr. Ful it iter's body will be taken north
ut 4:30 this afternoon on a special
Pullman cur. Thn funera; will be held at
Woodlawn cemetery In New York prob
ably toward tho ond of this week.
Democratic Tactics
in the Third District
Come to the Surface
NORFOLK, Neb., Oct. ja-Hpeelul Tel
egram.) An Investigation of thn estate
of P. 10. MeKllllp, bankrupt, discloses
that In his cnmpalgn for congress in tlie
Third congressional district In 1!M,
against J. J. McCarthy, he gave checks
for campaign purpose amounting to
$W,0t)7 .211, and spent in addition to the
amount represented by checks tho sum
of Jl.'.ono, making a total expenditure In
thut campaign of pH.iViT.ES. Tills enor
mous use of funds undoubtedly contrib
uted largely to McKilllp's financial down
fall. I la n V. Siephcns, thn present demo
cratic candidate for congress, was his
chairman mid political mamiRer. I
IDAHO MAN REMARRIES HIS
WIFE TO INHERIT $10,000
(From a Staff Correspondent.)
WCH MOINKS, la., Oct. .:0. t Special
Telegram.) In order to inherit 0.0oo left
by hi father, Fruuklln J. Rellley, who
was married twelve ears ago by a
Catholic priest, remarried his wife, Cora
H. Rellley, today and thus compiled with
the wishes of his father, who had never
recognized the former marriage.
Tint situation was so peculiar that the
couple hud difficulty In securing a mnr-
rlage license from thu county clerk. As
Rellley und his wife had not been di
vorced uud had lived together since their
original marriage, tiie slatn recognized
the (oiiplo as man und wifu snil the
county officials uw no icuson why a
second ceieiiiony should bo performed.
As Jlu.tnO was at stake, the rouple
pleaded for u second marrlagn certificate
ami it was Issued. Rellley was married
In I'.n.i the first time but now live at
Lew IMoti, Idaho.
SPREADING RAILS CAUSE
WRECK0N R0CK ISLAND
UKATIiU'i:. Neb.. Oct. 30-(Speeal Tel
egt am Kastbound Rook Island passen
ger No. was wrecked near Imbols,
I'Hvtnio county, this morning. Two
coaches Jumped tlie track and were hurled
in the ruadhed up to the uxlc before the
train was stopped.
No one was Injured. Tiufflc un the
lino ba been bhs ked all day, as It wus
Impossible to get a wrecker on the scene
until late. Spreading rail caused the
wrec U.
Itudlcala Win la v Itserlanil.
HKRNi:. Switzerland, Oct. 3a.-Vttcr-day
elections returned a rudlcal major.
Ity to the Nutlonal council. Of 170 seats
filled. 110 are. radical, 44 conservative, 9
socialists ami 7 Independent. Flections to
the National council are held every three
Va'
TOBACCO TRUST
l'LASSlN COL'KI
Hearing on Fro-posed Schenn
Reorganization Begins in New
York Before Full Bench.
GOVERNMENT FILES ITS BRIE
It Says Separation of New Companii
Must Be Complete.
OBJECTION TO JOINT OFFICER
There Must Also Be No Joint Off:
cers or Joint Employes.
LEDYARD dENS FOR COMPAN:
He Asks Court that Plan Snliuill !
lie nprnt fil I lliirnr) s for Two
Asmx'lnt Ions ot lloinlliolilcrs
1nLe Similar I'lens.
Ni:V YORK. Oct. .-lleforo a notubl
natherlmr of ilistinuulsheil counsel In til
I I ' li i t -f I Stairs circuit colli 1 fill- the south
et n district of New ork hearings hegu:
today to (IcvInc somn plan of dlssobitln
and reorganisation of I he Tobacco trill
ordered by thu supreme court of til
I nlted States.
Attorney Ceneral Wlckerrhutn filed tli
government's answer to tho rcorganUa
tlou plan proposed by tho Aiueilcan Tc
luiccn company and co-defendants In tli
anti-trust suit.
Sitting un thn bench were Judges Ii
Combe, Cuxe, Word and Noyos. At til
outset Judke laicomhn announced thn
thn American Tobacco company as pro
ponents of the dissolution plan wouli
first bo heard, lwls Case Lrfdyard, a
counsel for the defendant companlei
making the opening statement.
Following Ihe opening; representative
of thn groups of bondholders and nutshl
Interests will ba heard. Then the gov
eminent will be heard.
Ilrlcf of Uo eminent Filed.
Tho attorney general, after referrlni
to the directions of the supreme court b
restore competitive conditions, says:
"Obviously thu effect of any plan o.
disintegration submitted to the considers,
tlou of the court inuut be moru or less I
mutter of conjecture, and It la linposslbli
for the court to determine. In advanui
whether or uot a plan which promised t)
restore compntltlvs condition will acta
ally accomplish the purpose Intended
Any decree ascertaining and determlnlni
upon a plan should therefore reserve ti
the government the right, at any tlnu
within five years from date of entry, t
apply to the court for other or furthei '
relief upon a showing that, as a matter oi
fact, sucii plan has not resulted In creat
ing a new condition which shall be hon
estly In harmony with and nut repugnant
to thn law. To that end. as well as toi
the other purposes hereinafter expressed,
oh and every one of the new corpora
tions proposed to be organised for tin
purpose ot carrying out the plan should
ba brought In aa a party to this suit is
order to be subjected to tlis Jurisdiction
ot the court and bound by its decree."
Certain Conditions HnaTarested.
The attorney general asks that what
ever plun be adopted, It be subject to the
following conditions, briefly stated:
The eorpoiutlons among which the
properties and businesses In the com
bination are to bn distributed for a period
of five years shall not have any officers
or directors in common.
I'hese rompanlc shall not have any'
stock Interest In each other.
I hey shall not employe the same
agencies for thn purchase ot leaf tobacco
or other raw materials, or for the sale of
tobiirco or other products.
1 liny shall not retain or employ the.
same clerical or other organization, or
occupy the same office or offices.
No one or thorn shall bold capital stock
In any other corporation, any part of
whose stock Is also held by any of the
other corporations, among which thu
properties of tho combination are dis
tributed. "To tho end that the twenty-nine Indi
vidual defendants In this suit," the at
torney general continues, "shall not In
crease their control over any of the cor
porations among which tits properties and
businesses now In the combination are
to be distributed, pursuant to the plan,
that such defendants be severally en
Joined them, at any tlmo within five years
from tho date of the decree, acquiring
directly or Indirectly, the legal or equit
able ownership of any amount ot stock In
any one of suid corporations In addition
to tlie amount which they would respect
ively hold if and when the plan shall
have been carried out as proposed."
The further suggestions of the govern
ment Included the following:
Thut. in the distribution of thn proper
ties and businesses now held lu the com
bination pursuant to the plan of disinte
gration, the corporation shull be allowed
to acuulre property, tangible or Intangi
ble, which would Invest it with us much
as 40 per cent In volume or lu value of
any particular Hue. ut the tobacco busi
ness. That all covenants in any way restrict
ing the right of any company or Indi
vidual In the combination to buy, manu
facture or sell tobacco or its products,
should bo rescinded by the affirmative
action of the resK.ctlve parties thereto
who are purtics to this suit.
That the action terminating covenants
be amplified fu an to Include like action
wtih respect to all covenants not only
concerning tho tobacco business, but any
other business which Is In any way em
braced In the corporation.
That the stock of the l'nlted Ciaar
Store company be so'd und distributed
to parties other tliun (he twenty-nine In
dividual defendants or others of the com
mon stockholders of the American To
bacco company, to the end that the cor-
Tickets to Ameri
can Theater.
Uoxes of O'Hrien's Candy.
Dalzell's Ice Cream Bricks.
All are sivew away fret ts
ttosa who Und ttuir name u
its want ada.
Read to want aar every dJ.
your name will appear iomp
lime, may lie more titan once.
No puiiiea to solve nor aub
crlptloue to set just read (t
.got uda.
Tura to tbe want ad paces-
there you will find nearly erery
business bouse ta tbe city rih
Ifctaiae-