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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 30, 1911)
The Omaha Daily Bee
PAGES ONE TO EIGHT.
VOL. XLI-NO. 108.
OMAHA, SATUKDAY MOKN1XG, DKCEMIU.ll :?0, 1011-SIXTKKN PAUKS.
SINOLK COPY TWO CKNTS.
;. RULED Jl' POOL
Former Secretary of Old Packers'
Combination Tells of Dividing:
Country Into Sections.
NEWLY ELECTED PRESIDENT OF
THE CHIXTSE REPUBLIC.
Empress Dowager and Child Em
peror of China Expected to
Yacate Throne Soon.
Denies He Received Money from
Chief Miker or that Sent
Message by Wire.
DEFENSE' RESTS SUDDENLY
PRICE, DETERMINED EACH WEEK.
HAY FLEE TO THE LEGATIONS
Values of Fresh Beef and of Cattle
( Fixed at Meetings.
I, - ':X' X 1
I ' .V'i ' t: .-H
Arguments Probably Will
Reached Early Today.
SCHLTF PREVENTED BIG MERGER
They Probably Will Seek Shelter in
DR. SEN CHOSEN PRESIDENT
Delegates of New Chinese Republic
Meet in Nanking.
Depressing Advice Later Vindicated
by Coming of Panic.
THREE PLANS THEN CONSIDERED
Third Scheme ta Put Thirteen Con
crrai Owned by Fackers Inte New
. Organisation Adopted by Forra
laa National Company.
CHICAGO. Dec, 29.-Dlrect evidence
that a packers' pool was In existence from
1SSS to 18S6 and that It. after suspending
operations two years, resumed control of
the country's fresh meat business, was
given today In the packer' trial by Henry
Veeder. who admitted that ho acted as
Secretary 6t the organization.
It was the first positive testimony of
fered by the government regarding the
existence of the old pool which l Is said
met under ths name of "Postofflce Box
IN'o. 247," every Tuesday afternoon on the
sixth floor of the Counselmsn building.
Chicago, to fix ths pries charged for
fresh beef, to agree on the price to be
paid for cattle and to allot among its
members ths amount of meat to be
hipped Into ths different centers of
Henry Veeder, who Is a son of Albert
It. Veeder. the veteran attorney for the
packers, followed his father on the stand
as ths second witness called by the gov
ernment. His story of the inslds work
ings of ths old paekers' pool was not
half finished when court adjourned. He
admitted many of ths material allegations
mads by counsel for ths government In
their opening address to the Jury.
Betwesn 1893 and 1836, ths members of
the pool were Armour Co.. Armour
Packing company. Cudahy Co.. O. H.
Hammond &Co., Bt. Louis Dressed Beef
and Provision company, Morris it Co. and
Swift and Company, according to Henry
In 18PS Bchwaxzchlid & Bulsberger
entered the combination, the witness
Describes Weekly Meetings.
He described ths meetings held every
Tuesday afternoon, at which he said re
ports of the last week's business of ths
different members were received and ths
allottment of ths next week's business
was divided on a percentage basis.
Thi witness said ths country was
geographically divided into five sections,
each known, by ft Wtt of the alplvabet
and that esoh of ths members of ' the
alleged pool and that each member , of
Xh' pool was1 similarly.- designate; '. to
prevent publicity, . -
Hs testified that a. record waa kept of
ths amount of meat shipped to 'the dif
ferent branch houses and weekly state
ments were sent lo ths members show
lng the cost, average price received and
the margin of profit on fresh beef in
the different cities.
The witness gave a minute description
of the intricate system used by ths al
leged pool in keeping its accounts and
transacting its business.
Attorneys for ths defendants roads an
unsuccessful effort to prevent the wit
ness from answering questions regarding
the Inside workings of the packers' pool,
but Judgs Carpenter overruled every ob
jection and directed the government to
proceed with the presentation of its case.
Schlff Prevented Merger.
Albert H. Veeder. who was cross-ex-amiaed
by Attorney George T. Bucking
ham, told of attending a meeting of pack
ers in December,' IMC, at the office of
Kuhn..toeb & Co. in New York at which
plans for financing the big merger were
discussed with Jacob H. Schlff. ,
''He said conditions In ths money mar
ket were not propitious," said Mr. Veeder.
"His talk so depressed the psckers that
the idea of the big merger was droppsd.
In a few months ths fears of Mr. Schlff
were, realised and we had a panic."
The witness then described the plight of
the packers after the collapse of the plans
for the big merger.
"They had thirteen packing companies
(Continued en Second Page.)
For Nebraska Bnow; continued cold.
. For Iowa .Snow; cold wave west and
Central portions; colder east portion,
feaserslart at Omasa Yesterday.
Storm VTrmDrc" - 2
vm 1 wruiUj: .m u
i a, m i
, b . iii. ... in
I W ft. m 17
i n a. ra 1
r'-w.J" llP. m 13
: , r m 11
i p. ro ii
6 p. ni 10
p. m t
7 p. in 7
S p. la... 6
Comparative Local Uecord.
' 1911. 1910. 1909. 10S.
Highest yesterday, 27 27 4 64
Jjowett yesterday 7 IS 9 36
Mean temperature 17 22 2 44
Precipitation T T ,u .0u
Temperature and precipitation depar
tures from the normal:
Normal temperature 23
Itetlclency for the day i
Total excess since March 1 6M
Normal precipitation .63 Inch
Ieftcleticy for the day 03 Inch
Predpiailon since March 1 IS U Inches
Ixflciency since March 1 13.37 inches
Iflclencr cor. period 1910.. ..14.93 Inches
Kjlooss cor. period 19o 4 8S Inches
Hearts fresa stations at T P. M.
Station and Stats Temp. High- Rain
of Weather. p. m, eat. fail.
Cheyenne, part cloudy., Z 10 T
I avenport, cloudy 14 24 .00
lx-nver. clear 0 4 T
les Moines. Knowing 24 SO T
Dodge City, dear 2 12 T
lendnr cloudy 2 t .03
North Platte, clear 4 2 .00
Omaha, snowing 7 IT T
Pueblo, deal 4 20 ,u
llapld City, clesr Is 12 ,11
T Indicates trace of precipitation.
In (Hemes below sero.
L. A. WELSH, Local r or ec aster.
- ' It 1 '
XR. BVN If AT SEN.
Young Arapahoe Man
Married Upon Train
at Lincoln Station
(Brom a Staff Correspondent.)
UNCOLiN, Neb.. Dec. 29. (Special Tel
egram.) Earl Shock of Arapahoe and
Miss Hachael Given of Western. .W. Va..
were married at 6:45 this afternoon in ths
vestibulo of a Burlington westbound train
and departed on the earns train for their
new home at Arapahoe. Ths two young
people were youthful sweethearts In West
Virginia, where both resided until about
a year ago, when the young man came
to Nebraska to win his fortune.
Ijast Thanksgiving the young woman
read a telegram in a home paper that
Shock died as a result of Inhaling gas,
and, of course, was disconsolate. The
young man. however, did not die, but
recovered, and on learning this the young
woman decided the wedding should not
be delayed. She agreed to come west
for the ceremony, as clrcumntances pre
vented Shock's return east. As a result
she bought a ticket for Arapahoe and
Shock, accompanied by t Justice Bruce
Kullerton and a marriage license, met the
train at Lincoln.
The ceremony waa performed In the
train vestibule, with Earl Euger, man
ager of athletics at the university, as a
The couple went on to Arapahoe, the
bride not even alighting from the trail,
at this place.
La Follette Argues
Direct Primaries at
NORTH BALTUIOnii O., Dec. 29.
Senator R. M. La Follette, on his third
day of progressive missionary work in
Ohio, came here toJay from Toledo. He
stopped about three minutes at Bowling
Green, where the senator spoks briefly,
saying the time had arrived for the gov
ernment to be restored to the people.
The progressive meeting here was held
in ji somewhat picturesque environment,
in a roughly constructed tabernacle that
had been , used for a rellg.ous revival,
having been turned temporarily to polit
The initiative, referendum and the re
call, tha progressive movement in Wis
consin and combinations and trusts were
again discussed, but the main tenor of
his remarks here were on primary elections-
"The very back bone of the true repre
sentative government Is direct primary,"
the speaker declared. "It is the direct
participating in the affairs of govern
ment by the - people through direct pri
maries for the nomination of candidates."
He said old machlns politics have al
ways opposed primary elections. .
lis said: "
"The national republican committee Is
almost wholly composed of men opposed
to the primary principle. In its recent
meeting , in Washington this committee
went on record not only as opposing
voluntary primary elections in states
where there is no law providing them,
but by failing directly to recognlzs the
law in those Btates that have provided
tor the election of delegates to the na
tional convention In primary elections."
Puts Lid on News
from His Office
NEW YORK. Dec 2. Theodore Roose
velt announced today he would decline
to make public in .future the nsmes of
persons who should call upon him "and
anything that they say or do not say."
Colonel Roosevelt had nothing to say upon
any other topic, he declared.
"Gentlemen, I have nothing to say on
any subject not a word," he told the
newspaper men. - "Nothing to say and
not half a minute to say it in."
Colonel Roosevelt was asked If hs
would comment upon the appointment of
Henry Clews as assistant to Andrew
Carnegie, chairman of the reception com
mittee at the peace banquet tomorrow
night. Mr. Cltws will take the place
which had been reserved for Mayor
'1 haven't heard of it," Colonel Roose
velt said, "and I have nothing to say."
The reception room of Colonel Roose
velt's of flee, was crowded with visitors,
many of whom had Invitations to call,
WOMAN CLERK OF FEDERAL
COURT. WILL RETIRE
KANSAS CITr, Jlo., Dec. 2.-After
nineteen years' continuous service as
clerk of ths United States circuit court
here. Miss Adelaide I'tter, who wss the
first woman to be appointed to a federal
court clerkship, will retire January 1.
Ths circuit court will go out of exlatencs
at that time, having been merged with
tha federal district court.
GIVEN OVATION AT SHANGHAI
Prorlalonat Cabinet Which Has
Been Conducting; Negotiations
with the Dynasty
PEKING, Dec. 2a The news of ths
election of Dr. Bun Yat Sen as president
of the Chinese republic reached the mem
bers of the cabinet by means of the As
sociated I'ress this evening. No com
munication of any nature arrived from
Tang Shao Yl, who is at Shanghai at
tending tho peace conference as the rep
resentative of l'remler Yuan Shi Kai. It
Is said that the members of the court
will remain in Peking until the abdica
tions of the empress dowager and the
child emperor are announced, which Is
considered only a matter of days. It is
said that some princes have taken, houses
within the foreign concessions at Tien
Tsln and it Is probable that ft secret ar
rangement has been made for the em
peror and the empress dowager to take
refuge In the legation quarter of l'rt.lng.
Statement by President Sen.
SHANGHAI, Dec. . Immediately fol
lowing the receipts of word from Nanking
that he had been elected president of the
republic of China, Dr. Sun Yat Sen
handed ths loilowlng statement to tho
Associated Press with the request that it
be transmitted to his friends in the Unftcd
"I consider it my duty to accept tho
presidency. Jly policy will be to secure
peace and a stable government by the
promptest method. My aim Is to assure
the peace and contentment of the millions
of my fellow countrymen." y
The news of Dr. Sun Yat Sen's election
to the presidency by the delegates of the
eighteen provinces of China proper at
their conference at Nanking spread with
extraordinary rapidity among the popula
tion. Crowds made their way to the
house In the French concession in which
he has resided since his arrival here.
When he appeared he was greeted with
an enthusiastic ovation.
Great Activity tit fihanghnl.
The city shows- e vide noes of great activ
ity. Members of the -provisional cabinet
whloh waa formed by Dr. Wu Ting-fang
on November 6 and delegates who were
sent by both tha IroperUlists and revo
lutionaries. t the peace conference which
is now regarded as having lapsed, pass
frequently aloutc the street on their way
to President Sun Yat Sen's headquarters.
It is believed that President Sun Yat
Sen will Immediately demand the with
drawal of the so-callod Imperial troops
from their stratsglcal position, in order
to avoid the possibility of conflict with
the troops of the republican government.
As soon as this has been effected the
armistice now existing will bo extended
aniV the Manchu troops will be ordered
to lay down their arms or to enter ths
service of the republic.
As soon as military arrangements have
been completed negotiations will be
opened on the subject of the pensions to
bo offered to the former princes and
Sketch of New President.'
Dr. Sun Yat Sen, who has been elected
by the delegates of the eighteen prov
inces of China, proper, as first president
of the Chinese republic. Is native of
Canton. He was educated at Honolulu,
where his father was in business, and
later studied medlcln at Csuiton, after
wards engaging In practice thero. He
has been connected with the revolutionary
movement for ft considerable time and
took a most radical point of view. He
was one of the promoters of a plot to
seise the city of Canton in 1895. The plans
of the conspirators were discovered end
several of them were put to death, but
Dr. Sun Yat Sen escaped and reached the
British colony of Hong Kong, where he
became a British subject. He was heard
of next In England and the I'ntted States,
where he delivered a series of lectures In
order to convert the Chinese students tu
his revolutionary principles. While he
was on a lecture tour in England in 1900
he waa enticed Into the Chinese legstion,
where he wss told that he was on Chinese
Ttcrritory and would be deported to Tek-
Ing. This, however, wss prevented, as
he claimed British cltlsenshlp, and he
wss set free.
At ft later period he visited Japan and
stirred up tha Chinese there to revolu
tionary Ideas. He also resided for iMt
time at Singapore, where he ss sur
rounded by a bodyguard of fellow revo
lutionists. He vlHlted New York in April, tins ear,
and spoks there against ths Manchu dy
nasty. Attltade of Tnlted Btates.
WASHINGTON, Dec. 29. The United
States will not recognise the new Chi
nese republic formally at this moment or
until It becomes clearly . apparent that
the Imperialists are no longer capable of
maintaining themselves in power. But
this attitude will not prevent the rep
resentatives of the State department In
China from doing business with the pro
visional republic to the extent of safe
guarding American lives and property.
SPANISH LOSSES IN FIGHT
AT MELILLA ARE HEAVY
MADRID, Dec. 29. Corrected official
advices arriving here from Melllla, Mo
rocco, today show the Spanish losses in
tha battle with the HI f flan tribesmen In
Morocco on December 'SI to have been
more severe than at first reported.
There wre seven officers and sixty-one
soldiers killed and eighteen officers and
210 soldiers wounded. Ths killed include
ths colonel of ths Molllla regiment and
three captains. The captain general of
Melllla reports that heavy P.lfflan reliC
forceiaaaU ftra arriving from the interior.
From the Cleveland Lender.
RUSSIANS OCCUPY TABRIZ
Bank and European Merchant! Will
Resume Business Saturday.
STORIES OF ATROCITIES DENIED
mortality Anions; ftoncombatanta la
Not I.arae No Foreigners Are
Killed, but Many "of
fered from Hanger.
TABRIZ, Persia, Dec, S3. The Russian
occupation of this city Is now complete
and practically all the members of ths
constitutional party have disappeared.
The banks and Eurupean merchants will
resume business tomorrow after passing
nine days In a state of siege.
There have been no casualties among
the resident foreign population, although
many havo suffered from ft lack of pro
visions while they have been boxed up
in their houses during the prolonged street
The Stars and Stripes flying over the
United States consulate was cut down
by a Russian shell during the fighting,
but no further damage was done to the
No precise figures .as to the Casualties
sustained by the Russians and the Per
sians are available, but it is estimated
that the Russian loss amounted to from
100 to 200 men. Tho mortality among the
native nonoombatants has not been large
and the reported atrocities by the troops
on both sides are unfounded.
The operations of tha Pnrslans were
directed solely against the Russians.
They showed no' resentment whatever
against any other foreigners.
The dlsturance started during the night
of December 30 by a collision botween a"
patrol of Russian troops and the Persian
constitutionalists in the Blreet. Two Per
sians were shot in this affair, and fight
ing throughout the city becamo general
on the following morning. v.
The principal engagements occurred In
the neighborhood of the Russian con
sulate, around the citadel known as "The
Ark" and at the Rutlan mmp et Baghl
Xo More Troops to Be Kent,
ST. PKTEHSBURO, Dee. 29.-The Rus
sian government does not contemplate
the dispatch of anyi further troops to
Persia. The brigade of sharpshooters,
consisting of four regiments and com
prising about 4,000 men. with four squad
rons of Coseacks and a battery of artil
lery, are considered sufficient to main
tain order In the city of Tabrlx.
The Russian military commanders have
been ordored to co-operate with the
Persian authorities in the punishment of
ths disorderly elements responsible for
the attacks on the Russian troops at
Nnfe t'ondnet for Bhnster.
WASHINGTON, "Dec, JM.-Huasla is
making preparations for the safe passage
of W. Morgan Shuster, Jr., dismissed
treasurer general of Persia, out of that
country, according to dispatches re
ceived at the State department today
from Ambassador Guild at St. Peters
burg. Mr. HhUBter's party, it is believed,
will start from Teheran within a week.
Tho party Includos Mr. Shuster's wife
and two daughters.
Towed Into Harbor
WASHINGTON. Dec. 29,-Tho crippled
torpedo boat destroyer Warrington, which
was run down off Hatleras in a gale on
Wedensday night by an unknown ship,
was safely towed into Hampton Roads at
Z:90 o'clock this morning by the revenue
cutter Onondaga, which also brought
the destroyer's crew. Wireless dispatches
received at leveniiu cutter headquarters
at 1:60 a. m. announced the Wurington's
Many clever home-grown daf
fydlls will be published with
names and addresses of au
thors. Get Into the game. There will
be eighteen valuable prize of
fered for the following Sunday.
Anyone who thinks can writs
Czar: "Got a trumpskyl"
Samuel: "You bet your lifesky!''
Gen. Reyes Will Be
Given About Three
Years' in Prison
MEXICO CITY, Deo. 29,-Hls first night
In the military prison here did not ap
pear to depress General llernardo Reyes
much. He slept lu the room of the sub
director of the Santiago prison and lie
was granted all that was Decennary for
He ato a good breakfast today. Among
early callers was his nephew, Ignaclo
Reyes, who brought a supply of clothing,
having prevloiiHly secured - permission
from President Madero. Tears sprang to
the eyes of the general as he embraced
General Reyes will be formally put at
tho disposition of the military Judges
today, atlhough it will be some wcuks
before tha actual trial bogtns.
An official of the dopartment of Jus
tice expressed the opinion today that the
penalty metud out to General Reyes will
be about three yeirs in Jail.
CU1SRNAVACA, Mexico. Dec. 3D. A
sharp engagement between fifty federal
sappers supported by a small detachment
of rurales and 800 Zapatistas In ft moun
tain pass ten miles east of this city, re
sulted in the rout of the Zapatistas.
Three rebels were killed. An official re
port of ft battle In the, asm vicinity on
December ST. says sixteen rebels were
found, dead on the field.
Girl Loses Voice .
When She Comes to
k . Home in Nebraska
BOCLDKR, Colo., Dec. 29. The case of
Miss Elma Clark, a student in the state
university here, who has lost her voice
on three consecutive occasions when she
visited here home In Diller, Jefferson
county, Nebraska, is said by physicians to
he on of the most peculiar cases of its
kind on record.
Miss Clark left Boulder last Saturday
for Nebraska, arriving there the next
afternoon. She had been homo but a
short time when she lost control of her
vocal organs almost entirely and could
not speak above a whisper. She returned
here t'.day. She said aha believed she
would regain entlro control of her voice
within two weeks.
When she returned home. on the two
previous occasions she had practically the
Dewey Asks for Four
Warships Each Year
WASHINGTON, Dec. 29,-I'eace, but
with four new battleships each year to
assure It is Admlnal George Dewey's
wish for ths future or tbe United States In
Its foreign relations. As head of the gen
eral naval board the admiral recom
mends that four new men-of-war be built,
but ail effort probably will bo made In
congress to cut the number down to two.
"The United States should build four
new battleships this year to keep up th
efficiency of ths fleet," the admiral is
quoted ss saying. "I am for peace, but
peace with four mure battleships as an
aasurance that It will be malntuined.
It always Is possible that there may be
some quarreling among nations as to Just
how peace . ouglij to be brought about.
Such a thing even huppens at peace ban
queta.; Admiral Dewey also pointed out that
new ships soon would be needed to re-plai-e
the Oregon, Indiana and Massachu
setts, which are now over 20 years old.
OFFER OF OIL STOCK
MADE TO KANSAS OFFICER
CLEVELAND. lie?. 211. 8. II. Garrett,
Topeka (Kan.) agent of Charles A. Sun
duls and Albert S. Griffin, on trial lu the
federal court here for alleged misuse of
the malls to defraud, today testified that
'stock of the Sturllmr oil compuny had
j been offered to J. N. Dolley, state bank
i commissioner of Kaunas, fur his eu
dirseinnl of the company. Griffin, on
! the statul before Garrett was called, tes
1 tifled that Dolley consented to go to
I Oklahoma to inspect their properties, but
refuted to do so the day before tho party
was to start.
NEW BRIDGE ACROSS
MISSOURI IS OPENED
KANdA CITY, llo., Dec. 29-When
Harlem bridge, Kuuaas City's new (iOu).
(ju9 structure serosa the Missouri river,
wss uenid today, the flint man to pass
nver It was 'rlmus W. r ruinhuld, "pro
fei,lunal fiibt erotism- of bridges." Frum
hold performed a similar service for the
End bridge In Bt. Louis, Mo.
STATE BAR PAYORS CHANGE
Suggests Some Radical Differences
in Court Procedure.
ONLY MATERIAL ERRORS COUNT
Lawyers Agree that This Only
should n Cssm tor Iteversul
Jury CnntialsstoN for Oasalki
ttosooe Posad Radorscd.
(From a. Staff Correspondent.)
LINCOLN. Deo. 39. (Special Telegram.)
Tha Nebraska, Har' association today
Indorsed Roscoe Pound, ormerly of this
city and now professor of law at Har
vard university, for a position on the
United States supreme bench, made va
cant by the death of Justice Harlan. The
association also went on record as favor
ing some radical changes in Judicial pro.
oedure In Nebraska. The report, which
was adopted, was brought In by the
resolutions committee composed of How
srd Kennedy of Omaha and E. J. Clem
ents and T. J. Doyle of Lincoln.
Ths recommendations were for ft re
vival of the office of district attorney,
the reduction, of the number of peremp
tory challenges in criminal cases, tha
defendant being allowed ths same num
ber as the state, whloh la to have the
some number as at present; the enact"
ment of ft statute directing courts lit
very stage pf criminal procedure, ta dli
regard .technical errors or defects, and
thiU no Judgment shall be reversed that
doe hot affect the substantial rights of
the defendant; the appointment of ft Jury
commissioner in Omaha; , the commenoe
ment of civil actions by original notice,'
and five-sixths of a Jury In civil cases
to render a verdict.
Thcra ore some objections to all the
proposals except the one that nothing
but material error should be ground for
reversal by the supreme court, and on
this there was unanimity. The other
recommendations, however, were finally
Paul L. Martin, dean of Crelghton law
school dlscussod the "Trained Lawyer."
In his address, declaring the bar had
lost much of its old time prestige and
that . only more strict requirements for
admission could restore it. '
The report of the committee on edu
cation was along ths same lines and If
It Is adopted, candidates will have more
strenuous time than at present. If the
new, regulations are adopted the appli
cant must have had four years In high
school, at least one year In ft law school
in addition to private study which will
enable the candidate to pass tha Ex
The annual meeting of tha association
concluded with a banquet at tha Lincoln
hotel, at which there was a large at
tendance, Lemon Growers Are
Given Lower Rate
WASHINGTON, Dec. 29. American
lemon growers today won ft signal victory
over, foreign competitors and the trans
continental railroads when the Interstate
Commerce commission reaffirmed lis
previous order, upset by the new com
merce court, reducing freight rates on
lemons from California to all other points
In the United States from fl.lt per luo
pounds to 11.
The fight over the lemon rates ha
been In progress since 1903 and originally
Involved tbe question of competition with
Sicily. It has bitterly fought and be
came one of the first causes of conflict
between the Interstate Commerce com
mlHHlon and the new commerce court.
When the commission originally or
dered the reduction its order was stopped
by the commerce court, which held the
commission had no right to take Into
consideration the question of foreign com
petition and remanded the case for re
hearing. The decision given today holds the rate
of It. Li unreasonsble and unjust Irrespec
tive of the question of competition, and
orders the carriers to make effective the
lower rale on February ID.
The case was brought in ths name of
the Arlington Heights Erult exebunga
against practically all the transconti
SEE IS DENIED MOTION "
TO VACATE SENTENCE
CHICAOO, Dec. .-Another avenue of
(tii'ape from ths penitentiary waa closed
today to Evelyn Arthur See, leader of the
"Absolute Life" :ult, when Judge
Honors in the criminal court denied ft
motion to vacate the prison sentence
Imposed after Sue had been found guilty
of tuntrlbutiiig to the delinquency of
Mildred Krldgtr, a li-year-old disciple. A
ktay order is to be asked by See's attor
ney from tbe lUlit supreme vourt.
MRS. MARKS GIVES TESTIMONY
Mabray Often Came to Their Home,
She Says on Stand.
TLKED LUMBER PROPOSITION
Had Secret rrseesi to Treat "iestar
riae that It Would Resemble
' Ma hear ay ssa Was Pre
The Marks case In Council Bluffs unex
pectedly gave evidence of nearlng Its
close before adjournment of court by the
defense announcing that It would rest
Attorney General Coason said the state
probably would not offer evidence In re
buttal, but reserved the right to do so.
He said that any such evidence would
require but ft few minutes to present. It
la believed the rase may be argued by
both aides todsy and given to the Jury
tonight even though a night session may
Mr. and Mrs. Marks, who testified yes
terday, told of visits of Mabray to the
Marks home on several occasions In 1907
and 1908.- Both testified that Mabray
nMtde efforts early In 1007 to Interest Mr.
Marks In southern timber lands, and a
secret chemical process by which "sugar"
pine could be transformed into a valuable
timber product. (
Mrs. Marks was the first witness and
testified that she waa present at all of
those interviews, and that during that
period, owing to the precarious condition
of her husband's health, she took charge
of practically all of his business affairs.
She said they were equal partners and
that when Mabray made a proposition to
dd further business responsibilities she
She asserted her husband took no In
terest In the scheme, but that Mabray
very persistent, urging her husband to
buy the lands uid to Investigate the se
cret chemical process that would trans
form the pine Into something resembling
mahogany and prevent It from warping.
Mrs. Marks detailed several visits la
which all of the conversations pertained
to lands and timber.
She said Mabray came agalrt In tbe
spring of U0S with the same object and
received tha same refusal. Than, later In
the same year Mabray came to the bouse
and sought to sell Marks his automobile,
saying he wanted to get another and
larger car. 1 ah told of her husband go
lng out with Mabray In the car at Ma
bray 'a request to show the car, and that
ha was gons about an hoar and a half.
Mrs. Marks described the physical con
dition of her husband, asserting that 'he
waa seriously 111 in 180. She said his
health had ' been steadily falling since
he underwent an operation for cancer In
1893, and that his condition prior to his
being taken to the Edmudion hospital
In Council Bluffs on May 25, 1909, was
such that an operation for gall stones
could not be performed until June 26.
On cross-examination she denied Ma
bray's story about the arrangements of
the rooms In the Mark boms, which
Mabray described after declaring he had
been In the house more than 100 times.
, Mrs. Marks declared that Mabray never
paid her husband any money on any of
Ms visits. He was Introduced to her as
Mr. Mabray, and wa always called Ma
bray when he visited them. The number
of visits was fixed at less than half a
dosen in 1907 and three or four in the
Attorney General Coason asked:
"You might have been called out of tha
room to give direction to the girl might
y 00. not and not have heard all of the
"No, for I'm the girl," qulokly responded
"But Mr, Mark oftsn bad business
transaction buying stock for ths farm
In matter .of 1 that kind you could not
have known muah about ttie bualnsssT'
"Why not? I certainly did a much of
the business ft my husband. His health
made it ft necessity," responded Mr.
Mr. Mark said her husband never
talked of any gambling when it waa
permitted in the town. .
Harks eat Btftftd.
Tli testimony of Mr. Marks was alon'
the same lines and h denied every
charge mad against him by Mabray and
all the assertions made by the state's
witnesses. He said Mabray never paid
him any money. He said at the date
one of the alleged telegrams was sent
tu Mabray at Kansas City he was dan
gerously 111 at his home. He corroborated
all his wife' testimony.'
Mark told on cross-examination of all
of his connection and Interests in
gambling house In Council Bluff dur
ing th twenty years they were permitted
to run under license. He owned a halt
Interest tit the Hoffman house, where tho
(Continued en Second Page.)
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