Omaha Daily Bee
WEATHER FORECAST.
Fair; Colder
LooUnf Datkward
This Day 1" Omaha
Thirty Twssty Taa Tears Ag
Xitorial Paas of iwh Issas
SINGLE COPY TWO CENTS.
OMAHA, THURSDAY MOKNIXH, DECEMBER
The.
I'M 1 TWELVE PAGES. VOL. XLI-NO. lfifl.
A
DOWAGER CALLS
IMPERIAL CLAN
ll&nohu Priaoea Will Ditousi Pro
posal for Republic Sent by Con
ference at Shanghai.
PREMIER MAY RESIGN SOON
Some Faction ProfeBi to Doubt Loy
alty of Yuan Shi Kal.
COURT WILL GIVE UP THE FIGHT
Adviser of Throne Realize Resist-
ance Will Be Fruitless.
MIGHT HOLD FEW PROVINCES
ft'lthont Forelj Loan, Which la Int.
possible o Get, Sections la Re
volt C'onld Not
Conquered.
Be
PICKING, Pec. 27. The empresa dowager.
Ta Ho La.' haa summoned the lead
ing princes of tho Imperial clan to meet
Premier Yuan Shi Kal to discuss the
proposal made at tho Shanghai confer
ence,
It la considered not Improbable that
Tuan Bhl Kal will endeavor ahortly to
withdraw from active polltlca In which
case the power of the Manchua will not
last many weeka. I
Tho attitude of tho imperialist dele-
gatee to tho Shanghai peace conference, I
coupled with the discontent with certain
Manohu faction which profess to doubt
tho loyalty of Tuan Shi Kal, are tha
motive given for tho possible retirement
of tho premier.
Representative member of tho imperial
court, according to information from an
aothorltatlve source, have signinea to
remier xuan nt ivai tneir wiiiihiijb
to agree to an abdication. The court, the
same authority etates, realise that there
la no hope for It In the retention of three
or four detached section of the country
and semi-loyal province. ' and hope to
obtain better term by agreeing to the
proposed referendum on the question of
tho form Of government.
Premier Yuan Bhl Kal fully realises that
tho --republican spokesmen gathered at
tho peace conference at Shanghai are not
likely to accept his proposition for a
carefully elected assembly representing
the entire empire. II 1 of the opinion
that the republicans know tho throne will
favor his (Yuan Shi Hal's) plan.
The premier is certain that he could
win. several battles with tb modern army
at hi disposal, whloh 1 being equipped
and 1 greatly superior to the rebel foroes,
but as ha 1 unable to obtain any loans
lie would be unable to re-conquer the lost
provinces.
Tain She Kal will probably resign hlayort in about 1870 and engaged In the
office after making the best terms poo-
Iblo for tho throne.
Yuan Shi Kal regret what he con-
eider to be Tank-Bhao Yal' desertion. I
He suggest that Tang-Bhoa Yal might
Iwcomex president of .tho republic, which
la an offloe he himself would not accept.
Yoan Bhl Kal alaor regret that foreign
nation havo wltimoia tneir xinanoiai
support with tho help ,ot wnion ne couia
have re-conquered the country.
Will Kleet President Today.
SHANGHAI, Dec S7.-it ia reported
that the delegate ot tne eignteen
r,vinne of China proper Intend to meet
?r: ZJ !T ZTrJZi Z
SJZSZZiAmf f .h nmvia.
iona. government of tho United Prov-
tacea.
.An informal meetlnar between Wu TliiB-
fang and Tan Shao Yl, the loaders of
'a m,h...
' ----
I " ..., ..v. t.n
place today, when Yuan
Shi Kal's pro-
poaal to submit the future form of gov
special national
ernment of China to a
assembly waa considered. There Is reason
to believe That while la principle the
rnl.itlonaHea airreo to thl proposal,
. ....... h
i-i.., i,.t v.,n Rhl Kai uraea because
they fear that tho imperialist will take
.x- .trfwifthen their forces
..TO WJIV, w "
..j dnanren
Vlreman Throws Oat Hot Coals. '
YANKTON, a D., Dec, J7. (Special.)
Mia Sarah Loftier of Bores ford, attend-
Ing1 achool her, waa
burned In tho face Chrlatma. by pa-slng
an engine at the Mllwaukeo yard Juat
aa a fireman threw out a ahovel of red
hot coal from an engine. Tno glowing
coal, atruok Mlas Loftier full In the face
and permanent acarrtng Is feared.
The Weather
For Nebraska Rising temperature.
For Iowa Fair and not ao cold.
Temneratare at Omaha Yesterday.
Dea.
!U
J P. m
7 p. m
t p. in
Offl-tal record of temperature and' pre
oinitatlan coniDared with tha correspond
Local Rocard.
lug period ot the last three yrs:
ui.hut veatnrday IS ) S9
i uii. uiv, liyvny. amf.
5 wet yesterday b 24 19
l'r lolta'iou T .1)0 .02
MaXidra UIIIIUVI gViUl u "
T.mrutntun and precipitation
depar
turea from tha normal at Omaha amv
Vurli 1. and compared with the hut
ii temneralure 13
iun,.i. for tha day , IS
Tot! cicesa since March 1, 700
Normal precipitation .tfl inch
i ..n-i-r, fnr the day .Oil Inch
Precipitation eince March 1.....15 87 Inches
Ijefiolency since March 1.......1S .31 Inches
lieflctency tor cor. period. 910.. 14 .81 inches
K.cch fur cur. period, i.90 Inches
Renorta froaa Rtatloaua at T P. M.
Station and StaU Tamp. High- Rala-
of Weather.
7 P. m.
est. fail.
Davenport, clear
Denver, clear
Dea Moines, clear
Dodge City, clear .
louder, pt. cloudy......
North Platte, clear
Omaha, clear
Pueblo, clear v
Rapid City, PC cloudy.
Salt Lake City, cloudy.
uta Fe, clear........
f-herldan. clear
fioux CUy, clear
V.l.nllna ftmX ......
... ( Hours.
(7 S Y Sl m
Yfti3)vj m
TaoT3
,OVJ iliniV, t a. m
vll L In XI 1 p-
fl q I i S P. m .
ii Hi) TT t
II II I II U 1' M Ilia1 V asa
li .00
a .oo
s .01
24) .00
14 ' .01
1 .00
13 T
!M .00
14 .60
to .oo
24 .00
li .oo
4 Mi
20 .00
20
2
, 10
, s
. s
. 10
. lo
. 10
. 34
. 14
.
10
J A. WEljt-Ua Local Forecaster.
British Consul at
Shiraz Captured or
Killed by Persians
i
TEHERAN, Dec. 17. Dispatches from
Bhlraa received here give further detail.
I of the attack on the Indian cavalry at
Kasoroon. Tb Indian trooper were
icorttns W. A. Bmart. British cou.ul
it an ire. ironi tne port to ni yuv.
Budrfenly when they arrived Id the vicin
ity of Kemroon, rtfty-nve mil weet
of Bhlraa. they were fieroely attaoked
on all aide by the Immune. -A despei-
".right ensued In .which the Jroop-
U.ITU w.-M ...... ..-...-. - -
vigor. The Persian were driven off, ana
It l believed they carried several dead
and wounded with them, while the Indian
cavalrymen also suffered a number ut
oasuallles, Including two killed.
During tho fighting Mr. Smart dlsap,
pea red, and It la not known what beoame
of him. Ills wounded horse was found
straying on the roadside.
LONDON, Deo. 17. Advloe from g-hlia
reachod the foreign offloe thla evening
saying that report from the acting gov
ernor ot the city of Kaaeroon give hopea
that Conaul Kmart la olllt alive and will
be brought bock to Kaxeroon
The luteet messages from Tahrla, Per-
ala, received by Knglleli tonuanlea hay
ing agent there, ray that fnrelgnar re-
aldlng In the ulty' ai-e In a bad plight
They are eouflned to their house., owing
to the continued fighting In the streets
and are running ahurt of provisions with
no prospect of obtaining further supply.
TABRIZ, Perala, Doc. ST.-tVIa Ht. Pet-
eraburg.) A. mub o( reactionaries, after
demonatratlng agalnat the constitution In
the street of Tabrla today, destroyed the
buildings of the constitutional club. They
tnen prooeeded to the realdence of Shua
Ed-Dowleh, a former cabinet minuter,
. r.0UM. nIm t0 R.,SUme the ad
miBtratlon of the provlnoo of Aaarbal-
1lin
i.
is reported
that Bhua-Ed-Dowloh
agreed to accept.
Otis Ballou, Former
Omaha Man, Killed
by Auto at Seattle
6EATTLH, Wash.. Dec. 27.-Bye wit
neases of the killing of Attorney Otis II.
Ballou, formerly of Omaha, last night
by an automobile containing three per-
sons, say that the car, which was moving
rapidly, dragged Ballou' body fifty feat.
A soon as the wheels had thrown the
dead man aside the driver put on full
speed and raoed down town, uallou's
skull was crushed and a leg broken. No
arrests have been made.
Mr. Ballou cam to Omaha from New
practice of law. He later engaged In the
raal estate business with his brother,
Qverett O. Ballou, who now Uvea at
council Bluffs. Mr. Ballou 1 eurvlved
by n wife na a on, who now Mv at
Seattle,
Overproduction of
COal LOWerS PriCeS
WASHINGTON, Dec. 2T.-Thero was an
.o.i't.eAdnAKnn tt tfull thla V .! Ann O.
" v . V V L, I .
consequent struggle for trade, which do-
Pressed prices, in the opinion expressed
,0P thr0Uh thS tMt,mny 0t
Veeder.
-' . .
i rn ariiad thor t hnfa nun nnon
-""-
few more unsatisfactory year in the hla-
tory of Uie coal mining industry, ana mat
I . , A..n.A mnr an tnt
-- -
were footed up the balance probably will
b on tne wrong ..uH l ...
though tho production of coal In the
umtea ciates tor mo "
1 second only to the record year of 1910.
"The anthracite industry in 191V he
said, "probably was a firm as any other
in the country. A part of the Increase in
I .
I production v.aa uue io u ""''"n
In anticipation or. Apni i, jxi wnen mo
wage agreements terminate. The bltuml-
nou, trade, on the whole, has been de-
I moralised and discouraging, and much of
, m .
principal cause for this, particularly In
Uho eaotera states, ha. been tho depres-
.ion in the iron trade."
The local production of coal for the
year Is estimated at 190,000,009 tons, only
11,000,000 less than ln 1910. Of thla year'
production 400,000,000 tons was bituminous
coal.
General Reyes is
Anxious to Know Fate
UVARES. Mex.. Dec. 27.-Relleved of
.tr.in r .! davs hDent as a fugitive
. , i k
6 I In tne mountains uu uiubm, wc.
6 nardo Reyes has regained much of his
old-time cheerfulness but Is tiring of his
role of honored prisoner. Today he con
tinued to receive his friends, but the
question he asked most frequently was
when will the train be ready to Dear
me to the capital?'
The disillusioned rebel leader has
jo reached the point where he longs for the
knowledge of his fate.
MONTEREY, Mex., Dec. 27. Although
- General Treveno has not' received his
- nrrinra to remove General Reyes from
Unurea. there is reason to believe
i
24 MEXICO CITY, Dec, 27.-Abody
7jn troops consisting of nearly ,000 rurales
- has been ordered irom tne provinces
of Nuevo Leon and Tamaultpas to the
province of Morelos to co-operate In the
campaign against General Emilluno Za-
patea. In the opinion of government of
flclals the collapse of the Reyes move
ment will load to the speedy elimination
of General Zapatea.
DES MOINES WANTS LOWER
RATES TO MOUNTAIN STATES
WASHINGTON, Dec. 27. The Greater
De. ' Molne. committee today petitioned
the Interstate Commerce commission to
order a reduction In class freight rate,
between De. Molne. and point In Colo
rado, Wyoming and Utah. Eleven rail
roada are named defendants. The com
mute claim, that the rates complained
of ar unreasonable In comparison with
those charged between De Molne and
Chicago.
MICHAELCODAHll
NAMEDIN TRIAL
Name of Former Head of Big Cor
poration is Brought Into Pack
ers' Case by Witness.
CONTRACT PRODUCED IN COURT
Four Men Deposit Million Dollars
Each as Basis for Merger.
POOL OF PACKERS UNNAMED
Mysterious Gathering Was Known
as Postoffice Box 247.
a
HALF BILLION COMBINE PLANNED
Vltn
Kayo It Fell Thwvnarn B
raaae Promoters Failed to Get
Loan Motional Company
Then Formed.
CHICAGO, Dec. 27. Further detail of
the tr00.000,000 corporation planned by the
packers In 1902 wero recited by Albert II
Veeder, attorney for Swift and Company,
who today continued his dramatlo story
of tho Inside history of the Chicago
meat packers' combination.
For tho first time in the trial, which Is
staged before United District Judge Car
penter,' Michael Cudahy was named
one of the four promoters ot tb corpora
tion by the witness, Vtier.
Mr. Vcuder produced a contract dated
July 18, 1902, by, the teims of whloh
Michael Cudahy became a partner ot J,
Ogden Armour, Oustavua F. Swift and
Edward Morris In the proposed merger,
each of whom deposited 11,000,000 in
Chicago bunk aa an evidence of good
faith In carrying out the plan.
The contract, along with half a doaen
other agreements, was read to tho Jury
and offered in evidence by the govern
ment counaol.
Inability to obtain a loan of 90,000,000
from Kuhn, Loeb & Co., was respon
sible for the failure to organise the
merger, according to Mr. Veeder,
The witness told how the packers' oom
blnatlon acquired by purchase six oonv
peting concerns In 1903 and how In March
j'.03, the National Packing company was
organized with a capital of $16,000,000 to
oporuta theso properties.
Association Wlthont Nmt,'
Albert H. Veeder, attorney for Bwlft
and Company, continued his story ot the
operation ot the packer prior to 1806,
when tho trial ot the ten Chicago packers
Indicted for criminal violation of U
Sherman anti-trust law was resumed to
day
ihe only name by which the old pacK
ers pool, wnicn neia necret mnuus
prior to 1903. was known waa "Postoffice
Box No. 247," according to counsel lor
the government today
This myaterloua gathering, which the
nwirnmiint aaaerta BOUKht to XIX tn
price of meat and suppress competltlo
at weekly meetings In the Veeder office,
had no name which Mr. Veeder in his
"r,y amlnfttlon could remember,
Half Billion Combine Propol
posed,
ITiirthnr ancrets of the old aasoclatlo
I , hlnh nro,.e.ed a comblna-
I v a yavjvii " mr -
I .... ..i.-ii a.1 Ul.h
t on with tw,ouu,wr capitalisation wu.v..
. throuh the fallure or eaBtern
,oan .ooo.OOO, were expected
Pierce Butler, special counwi ior .
i .
government, questioned Mr. veeaer ai
th. .m-nt entered
- K..n ,. Armour. Bwlft
" "
and Morri, interest to form a ouu.uw,uw
merger of packing companies,
The witness said an elaborate examina
tion of the packera booka wa mad by
expert accountants and the properties ap
praised by a committee of experts con
sisting ot Thomas Connors, Thoma E.
Wilson and Horace C. Gardner.
Was the appraisal of these properties
ever made7"
I think the work was completed, hut
no final report ever was made," waa the
answer.
Mr. Veeder said that under tho merger
agreement each ot the contracting par-
tie. wa. required to . turn over w
to per cent of the stock of the concern.
i It was proposed to control.
Plan to Bmr Concerns,
The wltnes produced th contracts
a. v Armour. Rwirt ana norm in
Jnn. 1902. for tho purchase of six com
petlng companies, prior to tne oruan.a
tlon of the National Packing company.
The concerna acquired by the comblna
.i. at that time were:
The United Dressed Meet company i
New York, the Fowler rcnu
the Anglo-American
tne ., nmnanv. the omahl
'iu.nv and tne St. Louis
n,.t and Provision company
I . ma a tha combination began
.mo niu -
neBotlatlonB for the purchase of the
gchwarschlld & Bul.oerger ran.j..i ... w-
meiici)
m ii A
-. . ritr inn uuiviw - - -
i lulv. 1902. Michael cuaany okhu.
a party to the agreement for the merger
and the Cudahy Packing company waa
,h combination." aaid the
taacn mm
ml nAHI.
n . v .. - .1... .11
The government prougnt out i.i.i, ...
petmg concerns contained a '" w"c
....n.i,rt the persons making tne saie
the contracts tor i" f- -----
it fr .mtaglng In tho packing business
-
of date ot the sale,
t'nable to uei -"-"
v..,i,r moduced a copy
of the
agreement dated. November is. VMS. made
by the combination promoi.i.
ror a loan of tw.oou.oo0 from Kuhn. Locb
& Co of New York by Jacob H. Kchltf.
.... .flap
"This agreement w
negotlatlona between the partle. which
lasted through the, summer of 1902. said
Mr Veeder. -Kuhn, Ixeb ft Co. said the
....k.rs could have the money under
bre" ITITZIZ
close the deal and gut the 0,OUO,OuO,
Jacob H. Bchlff, manager for Kuhn, Loeb
at Co., scented the lanlo which cam a
year later and the whole deal waa de
clared off"
Th witness then described the organ-,
tsation of the National Packing company
March 1. I"03' wlth eP'lal tock of
115,000,000, which the government con
tends has been used by the packers' com-
(Continued oa Bccond Page )
is7 - m
From tho Minneapolis Journal. -
TAFT WORKERS MAKE PLANS
Encouraging Reports Brought
to
Meeting at Lincoln.
REPUBLICAN SUCCESS CERTAIN
F. M. Carrie of llroken How Chosen
Secretary of Taft I.eagae In Place
of K. M. Pollard Committee
ou Delegate. '
' From Staff Correspondent.)
LINCOLN. Neb., Dec. 27. (Special Tel
egram.) The officers of tho Taft league.
Chosen at the meeting In Lincoln lust
week Tuesday, met at tho Llndell hotel
this afternoon. At the request of the
officials there was also present a repre
sentative gathering of republicans from
every part of the etate. They all brought
encouraging reports of conditions and that
there was no question about Mr. Taft
being the overwhelming' choice o. repub
licans as candidate for president. They
also brought assurance that republican
uccess at the polls was certain.
There has never been a more encourag
ing meeting of republican workers In the
stato than that which assembled inthe
Llndell this afternoon. The business
which brought them together was purely
of a formal and routine nature, but, Just
the same, those present could not refrain
from indulging In a little mutual gratlfi
cation over the outlook.
E. M. Pollard, who had been elected by
the meeting last week as secretary of the
organisation, announced at that time that
persnnul business demands upon his time
prevented his acceptance and today he
reiterated that statement. F. M. Currle
of Droken How was chosen secretary and
Mr. Pollard assured hi successor and
also the members of the committee that,
so far as his time would permit, hi serv
ices were at the command of the organ
ization. 1 1
Beyond the appointment of committees
as authorised by the convention there
waa no business to transact and this,
with a general review of the situation,
occupied the time ot those in attend
ance. ,
Committees ou Candidates.
The following committees were named
to take charge of district candidates:
First District K. P. Itrown of Lincoln,
G .1. ..-ok of Falls City, L. A. Varner
of Hterllng, 11. j, Howe of Auburn and
J. t lchof ot Nebraska Cits'.
g:ond District H. i. McGllton of
Omaha, A C. hmith of Omaha, Luther
Drake of' Omaha. George Brewer of
South Omaha and Fred P. Claridge of
lllalr
Third Dlstrlct-J. F. Nesblt of Tekamah;
R. J. Htlnson of Fremont; N. A. Iluae
of Norfolk; K. H. Maloney ot Albion;
Jack Martin of Central City.
Fourth District William llousenetter of
LI ii wood; L. H. LyBlo of Wahoo; J. H.
Culver of Mllford; C. H.' Dempster of
Beatrice; J. P. ThleHSen of Janaen.
Fifth District K. B. Perry of Cam
bridge; Charlee Meeker of Imperial; Hen
Claypool of trleaii8; Oeorne C. Juiikln
of Hinlthfleld; C. W. McConoughy of
'ixth8 District A. K. Cady of St. Paul;
We WHoox of North Platte: Gmirtie
Wehtervelt of Hcottahluff : It. R. Dixon
(Continued on Hecond i'age.)
Send in
your Daffydils
before 6 p. m. .
Thursday.
Eighteen valuaWo prizes
awarded next Sunday.
Look for rules of contest
on page 10.
Jan He Stop Him?
Omaha Man Held
in Connection With
Death of Woman
ST. TAt'L, Minn., Dec. !7.-Georgo W.
Parker, . colored, said to bo a medical
student at -Crelghton university, Omaha,
Is being held at tho county Jail here, fol
lowing the death of Mrs. Andrew Jack-
sou, also colored. Coroner D. C. Jop.es
today expected to hold a . post mortem
examination.
Parker, It Is said", had been talking with
Mr. Jaakson, when he suddenly attacked
her. The woman's screams attracted
Margaret Detult, whom it Is said Parker
cams here from Omaha to marry. Bhe
called a neighbor and Parker was over
powered.
His friend declare that overs! udy,
coupled with the fact that after he ar
rived here, Miss Detult sought to delay
the wedding, unbalanced his mind tern
porarlly. Dr. C. B. Teisner, county phy
elcian, yesterduy declared htm sane.
It Is said Parker accused Mrs. Jackson
of Influencing Miss Detult to delay the
wedding. He would have been graduated
from Crelghton university next spring.
Hundred and Sixty
Thousand Locked Out
MANCHESTER, Englund, Dee. 27.-No-tlces
were posted today at all the mills
belonging to the members of tho Federa
tion of Master Cotton Hplnners In tha
north and northeast ot the county of
Lancashire that the cloth mills will be
closed tonight and not reopened until
further notice.
Weavers numbering 100,000 will be
locked out and an equal number of
spinners will be reduced to halt time.
' The Federation of Master Cotton Spin
ners decided to curtail production of
yarn by stopping work on three day in
each week, beginning January 1, while
tho looms are Idle.
The hopes that a man named Riley
and his wife, the nonunlunlsu whuse
employment originated the strike, De
cember 20, would consent to Join the
union and thus obvlute a rupture have
been shattered. They havo resisted every
Inducement to Join the union.
Steel Combine Pays
Bonus to Employes
NEW YORK, Dec. 27.-The United
Etates fcted corporation has made Its
annual distribution to employes under Its
bonus plan which has been In force nine
years. The' amount distributed for this
year Is tl,45o.0i).
The corporation also will offer to Its
employes the right to subscribe for about
25,0ii0 sluirea of Hock on the basis of
the plan which has been In force for the
period already stated. The price has not
yet been fixed, but pioliubly will bu u
little below tho market.
Employe last year subscribed on the
basis of 70 fur the common and 114 for
the preferred stock.
SEARCH FOR HEIR TO AN
ESTATE AT BONESTEEL
KIOUX FALLS, H. D, D.c. 27.-(Spe-clal.)
Efforts arc being niacin to usci-r-
taln the present whereabouts of George
A. Calkins, who whs a resident of Hono
steel during the boom days following the
opening of Gregory county to white set
tlement some years lego. Calkins Is one
of the heirs of an estate left by a de
ceaned relative and others Interested In
Ihe estate have written to Postmaster
Lucas of Honesteel, ho has been conv
missioned to find the mlxxlng man Calk
ins Is believed to reside at some point In
the northwest but Just where I un
known, his former friend at Bonesteel
having lost all trace of hi m.
MARKS PROSECUTION SCORES
Judge Refuses to Order Verdict for
Defendant in Bluffs Trial.
MEDICAL TESTIMONY BARRED
Defense Forbidden to Introduce ICI
drnee to F.ffert that Phy steal Con
dition of Defendant Waa llnd
llarln Unns'i Operations,
On rulings by Judge Arthur the prose,
outlon twice scored yesterday In th
Mark trial at Council Bluffs. The motion
to tako the case from tho Jury and order
a verdict of acquittal, wa overruled and
the court refused to permit the defense
to Introduce medical testimony to .how
that Marks' physical condition was bad
during tho operations of tho Muhray
gang. Judge Arthur announced that he
might later modify the latter ruling.
Yesterday forenoon was devoted to ar
guing the motion for an Instructed vr
diet. At 2 o'clock the defense began It.
lit tack Uon the state's eoso. Sheriff Mc
Caffry and County Attorney lies, con
tradlcted evidence formerly presented by
the state.
Indictment Attacked.
Tho Jury wa excused while the motion
to dismiss was arguod. The indictment
was attacked on thu ground that It
charged two separate offenses, conspiracy
and larceny, and an armful of court de-
niHiona auuuortlnir tho contention that
a dual indictment was contrary to stat
ute and court rule wa adduced. An
other argument was that the conspiracy
llegcd related only to tho alleged
aareement between Mauray ana uaras,
one said to have been made in tneJ eariy
soring of 1907 and, the other In March,
1908, both being dates against which the
statute of limitation runs a being three
years before the date of the Indictment,
October 17, lull. Court opinion were
cited to sustain the contention that th
indictment could only rent upon th al
leged conspiracy and that the separate
acts of mlker could not be considered
under It, as each were but separate In
stances of larceny.
It was also agulu contended that the
cousplrucy lUclf hul not boon cstab
llalicd because of the bar of statute and
rule that a conspiracy could not be
proved by the sole testimony of a co- j
conspirator, and tho contention was that
there had been no evidence tending to
show the conspiracy except that of
Mubray himself.
Mr. Mitchell made the inlncipal argu
ment, supplemented Dy Mr. areau.
ln opposing tho motion for an Instructed
verdict Attorney General uossuu as
serted the sufficiency ol tne inuii;t-
ment. pointed out court decision and
reviewed th itestlmony of Mrs. Mabray
thai her husband had told her he wa.
going to Marks' house to pay him money
and that of Ira M. Day, who had seen
.Mabray enter the place, and concluded
by declaring: "If such testimony Is not
sufficient evidence in any court, i
despair for thj lutiro oi toe "juuci;,
lu overruling tho motion, juoge wruiur
made no cumimnts. motion tu
tha sluu to say which ot the two phases
of the dual Indictment it those to go to
the Jury upon was also overruled.
Ieiul sheriff Testifies.
Mr. Crum then described In detail the
raid that wa made of a room on the
second floor and the finding ot welt
Mwt straiiKcirs there with two athletes
in lighting co -e. He .aid he was told
that some rich . is were simply trying
out an athlete whv, 'as to challenge the
winner ot a prlto flgi.C to be pulled ot in
omaha ou July I.
Tho men wero all strangers to hint, but
the man whom he assumed to be chief hs
afterwards discovered v. a Mabray. 1 h
men were closely Questioned about any
betting going on and told that arrests
wnuld follow if there was any. At this
time the gambling houses In the Town
were closed, and the police had strict
ordera from Major lOclunoud to watch
(.Continued on Bccoud Page.)
TWO MEN MEET
YIOLENTDEATHS
Thomas J. Kelley and Anton Duda.
Electrocuted at the Cudahy
Packing Plant.
BOTH DEPARTMENT FOREMEN
Each Cornea to His Death by Grasp
ing Heavily Charged Cable.
CIRCUMSTANCES ARE PUZZLING
Kelley Unknowingly Walks Into
Death Trap that Ends Duda's Life.
VICTIMS ARE OLD EMPLOYES
Kelley Prominent on Affairs ot
Snntta Omaha, and Was Candidate
for Commissioner at tho Klee-
tlon Held In November.
Thoma J. Kelley and Anton Dnda,
both, foremen long In the employ of tho
Cudahy Packing company, met death by
electrocution yesterday afternoon at 9
o'clock. The fatal voltage was conducted,
through the steel cable by which the ele
vator In the glue house of the packing;
plant Is hoUted and lowered.
While piutillng circumstances surround
the death of th two men. there doea
not seem to be any doubt but that fato
dealt It. blow through the violent agency
of electricity. Th absence of burn us
ually noted In Instance, of electrooutUm
lent doubt as to the manner In whloh
Kelley and Duda lost their lives, ajicl
doubt was strengthened when a test wa
mado and It waa found that the cehl"
was not charged. Attending surgeons,
however, fully believe that the men wern
electrocuted, basing their belief ln tho
peculiar discoloration of the dead men'
faces.
Dnda'a Body Fonnd In Pit.
Duda, who was foi-oman of tho car
pentry and wheelwright department, wo
the first to meet death. The belief l
that ho was attempting to lower the ele
vator from tho second to the first floor
where he was standing, and that in so
doing the cablo he wa manipulating
came In contact with a llv wire, lit
was found dead In tha elevator pit. .which
extends down about a foot below tho
first floor, by Kelley. who was foreman
f .h hci killing department. Together
with C. I. Unt itle he lifted imoa iu
less body from the pit and cameo, it
an adjolnlnff room.
Aft.r an exciting exchango oi worn
a. to what to do. IJnvllle rushed out In
search of a doctor, hoping that Duda
could be revived. When ho returned a
few moments later Kelley wa standing
erect, gripping the chargea co.. .
stone deed. Tho belief I that Kelley,
In the absence of Linvmc, went to
elevator shaft to ascertain the cause ol
the accident; that while thera, unaware
of tha tact that th eauie wo
with electrlolty, ra.te ra an -""''-
- nnAl Wmm TFiMl
to lower tne eievatr, . ...... -
-,m. bstween tho 1 first Ml eeond
floor to prevent any mishap on the floor
above. '
-Workmen Itelraso lea man.
By
tha time Linvine returns.
... . . T. t CrL- Vtl'.
Cherney, Kd. Lannou ai.
Olllln had gathered at tne scene
until then did it dawn upon them that
the cable was charged. They then moved
cautiously and with the aid of Lannon
frock, a long garment worn y ...
house employes, pulled Kelley from the
cable. The bodle. were taken to Lar-
undertaking eataDiisnmcuu
O Belley and Koenlg arrived at the cene
shortly, but lift wa extinct.
Tho handa and feet of the dead men
wero examined for burns, which would
Indicate positively whether or not death
wa cau.ed by electrocution, but none
wero found. Thoma Burn, an e'"trl
clan ln tho employ of the Cudahy Pack
ing company, made an examination about
the .cene. Ho also tested the cablo and
declared that there wo. no current run
ning through It. Wlthall. none doubt the
theory ot electrocution, a all other indi
cation Point toward that "Vn" ot
death. General Manager Michael Murphy,
who came to South Omaha twenty-flv.
- u-.ll.u and Who Waa
year ago wim .r..v,, -- ---
deeply affected by the fa to of hi. long
time friend, accept, th. belief of all
other, who mad. an examination follow
ing th fatal accident '
Both Men Well Know.
Kelly, who was 42 year old. wa well
known In South Omaha, having beeu
prominent in the affair, of that commuu
tv At th election held in November
ho'wa a candidate for county commis
sioner, but was defeated. He cam. hera
about twenty-flv. year, ago from Cin
cinnati, and wa. at tho head ot a well
L family living at 614 North Tw.u-
tleth street. Bouth Omaha. A daughter.
Miss Nellie Kelly. l a scnoo.
Bouth Omaha, and a son. Prof. Thomas
Kelly. Is connected Wltn a ou
catlonal institution. In all. a wu. a
five children survive.
Hilda was a Bonemian aim
In the employ ot tne v.uu.. .
' SI a... ..In VfnOI'U
twenty years. He was tort,-.....-
old and resided at 1411 William. Htreet
Omaha. Beside, hi. wife he 1. yd
by a daughter, Mr. i . o..
North Twenty-sixth street, Bouth Omaha.
nd sons, Kdwara vu
ot Omaha.
Boxes of
O'Briens Candy
and
Dalzell's Ice
Cream Bricks
Given away eacb day in
the want ads to those fludiug
their names.
Read the want ads each
day, U you don't get a prlie
you will probably find aome
thlng advertised that appeals
to you.
Eacb day these prices are
offered, no puxrles to solves no
Bubscrlptloii. to get nothing
but finding your name. It will
appear some tluio.
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