JL JLJL Oma a Daily B THE WEATHER Fair VOL. XLVII. NO. 75. OMAHA, THURSDAY MORNING, SEPTEMBER 13, 1917 FOURTEEN PAGES. hou SINGLE COPY TWO CENTS. F 1 .AllVli")! TWELVE HEN CHOSEN TO TRY MINISTER KELLY; LAWYERS EFENSE PROTEST ONE OND Sutton Objects to Court Passing Juror Brown When Latter Has Opinions as to Guilt of Man, Other Than the Prisoner, Whom Defense Says Will Play Im portant Part in Evidence. Milk Hxivriioosted So Bossies Can Live High St. Louis. Sect. 12. -The South. em Illinois Milk Producers' asso ciation, which furnished 80 per cent of the St. Louis milk supply, de cided at a meeting here today to raise the price of milk from $2.20 to $3.50 a hundred pounds on October 1 on account of the high cost of feed. Local distributors say such an increase will mean that the price to .customers must be raised from 11 cents to 15 cents a quart. Uncle Sam, Arbitrator are Jury in Kelly Case Is Empaneled at Red Oak Red Oak, la., Sept. 12. (Spe cial Telegram.) This is the jury of twelve men that will decide the guilt or innocence of Kelly: J. D. Isaac, James Edwards and George Bass of Sherman town, ship; Samuel Erickson and Carl Nimrod of Scott township; E. 8. Straight,. Washington township; Wesley Dodd, Pilot Grove town ship; Helmer Walgrean, Frankfort township; Jess Rankin, Lincoln township; S. R. Pike and Henry Bruce, Red Oak, and T. C. Brown, Red Oak township. All of the jurymen are married. With the exception of S. R. Pike, a telephone lineman, all are farmers. PACKIN Reef Oak, la., Sept. 12. (Special Telegram.) A jury was empanelled and sworn in at 4 o'clock this afternoon for the trial of Rev. Lyn G. J. Kelly, accused of the Villisca ax murder. Seven days were taken for this phase of trial, breaking all rec ords in Montgomery county in numbers of men examined and time required. The jury now is in custody of Bailiff John F. Rudolph, and has been furnished sleeping quarters arranged in the court house. Eleven of the men who will pass on the innocence or guilty of Kelly are farmers and one a telephone lineman. AH married. BROWN LAST ONE CHOSEN. The last man to be accepted to complete the jury was T. C. Brown of Red Oak township. He was the twenty-first man examined to fill the :enth peremptory challenge of the de fense, an eaual number of veniremen being . .to fill the state's eighth peremptory. F. F Faville, special prosecutor for the state, is ready to make his open ing statement for the prosecution at 9 o'clock Thursday morning, he to be followed by W. E. Mitchell of Coun :il Bluffs for the defense. Then the state will begin to offer testimony From more than 100 witnesses who have been subpienaed. In the selection of jury 140 were ;xamined. The regular panel and three special venires were used. SELECTION IS DRAMATIC. Determination of the last juror was accompanied by dramatic fiinish. T. C. Brown was promptly passed by the state, but the defense questioned him at considerable length. He said he had an opinion regarding the in nocence guilty of "Mr. Jones," but averred he could and would sit as a fair and impartial juror in the Kelly C3sc if selected. The defense resisted the challenge of the state, but Judges Boies over ruled the challenge and directed Brown to take a seat in the jury box. "There's been an awful sight in the papers and I've read everything I've seen on the trial," 'was a remark by Brown during his examination. Before the judge announced that Brown would serve as juror, Attor ney Mitchell asked privilege of fur ther examination of the juror, but the court made adverse reply. Sutton Brings in Jones. When court announced this deci sion on acceptance of Brown, Attor ney Sutton made this statement: "Have you any opinion as to the innocense or guilt of Mr. Jones?" asked Mitchel of Brown. "Yes," he replied. "Have you any opinion as to the guilt or innocense of Mr. Mansfield?" The reply was an affirmative. Mr. Brown added: "I don't under stand that Mr. Jones is being tried in this case." "Before the jury is sworn I want to make a little record. Counsel for defense wishes to state in open court that one of their defenses is that F. F. and Albert Jones are guilty of this murder and one of the jurors stated positively that he does riot believe either of the joneses guilty; and for that reason, deprives the defense of one of the legitimate defenses, and I would lik to be heard." "I don't care to hear you," "I don't (Continued on rage Two. Column Three) The Weather HOUSE EMPLOYES BACK AT WORK AGAIN i Return to Jobs at South Side Plants and Squeals of Passing Porkers Once More Fill the Air. i For Nebraska Fair. Temperatures at Omaha Yesterday. Hour. Deg. 6 a. m 6S 6 a. m 68 7 a. m 60 8 a. m l 9 a. m 62 10 a. m 60 11 a. m 63 12 m 67 1 p. ra 69 2 p. m 70 3 p. in 70 4 p. m 69 5 p. m 69 6 p. m 69' 7 p. m tn 8 p. m C6 Comparative Local Record. 1917. 1916. 1915. 1914 70 68 64 . T. I 1 68 62 60 .19 83 62 72 .03 precipitation departures Highest yesterday lowest yesterday . Mean temperature Precipitation .... Temperature and from the normal: Normal temperature '....67 Deficiency for the day 3 Total deficiency since March 1 220 Normal precipitation 13 Inch Deficiency for the day 13 inch Total precipitation since Mar. 1..20.07 inches Deficiency since March 1 3.15 inches Deficiency for cor. period, 1916 9.23 inches Deficiency for cor. pcrtod, 191J. . .64 inch Reports from Station at 7 F. M. itatioii and State Temp. High- Rain- of Weather. 7 p. n !heyenne. part cloudy ..74 Davenport, cloudy 66 Denver, clear 80 Des Moines, cloudy 64 Sodge City, clear 82 Lander, jelear, 78 North Platte, clear ....74 Omaha, clear 68 Pueblo, clear 78 Rapid ICty, cWr 74 Salt Lake, rl--ar 82 Santa Fe, part cloudy ..68 Sheridan, clear 70 Sioux City. tclar 73 Valentine, car 78 "T" Imitates trace of nrrrlv.ltation. . A. V.'liLSil, Meteorologist. eat. 7 70 88 - 80 82 70 84 80 84 76 78 76 (2 fall. .00 .00 .00 .04 .60 .09 .00 T .00 .00 .00 .00 .14 The 5,000 packing house employes who have been on strike for nearly a week, returned to work at the usual hour yesterday morning under the new agreement which call for 2Yi cents per hous more pay. The wheels began to turn at the regular hour, the doors opened and with an exultant shout the laborers crowded into their various depart ents and went to work with new en thusiasm. All at Work. "Everyone is at work," safe! M. R. Murphy, manager of Cudahv's nark ing plant. "They are ail happy and contented. I know I am. The bovs wanted a few days off. Thev fell bet ter after their rest." .Robert Howe, manager of Armour's packing plant, said: "They are all working again. It is a mistake to say that we made the concession of recog nizing the union. We did not ag'ree to recognize the union. We simply said we would not discriminate." CHANCE FOR FARMER TO GET MORE FOR WHEAT Chauncev Abbott Declares Price for This Year's Crop is Fixed and Present Figures Will Stand. A misapprehension as to possible future prices of wheat is causing farm ers to withhold their wheat from the markets, according to Chauncey Ab bott, jr., of Schuyler, who is the Ne braska representative in the milling division of the. United states food administration. Mr. Abbott is now in Omaha. He just returned from Kansas City, where lie spent the day on the grain market. "There were only nine cars of hard wheat on the Kansas City market Tuesday," said Mr. Abbott. "Think of it, only nine cars of hard wheat on the Kansas City market, one of the largest grain markets in the world. It is the hard wheat with" which the government is concerned, for that is the wheat from which bread is made, and bread is what the government needs now for its armies and what the allies need also. ' No Chance for Increase. "The farmers seem to be under the misapprehension that this wheat price fixed by the government is still sub ject to change and that by holding back their wheat they can force it to rise in price. That is -mistake. The Garfiel.fcqmrni.siojj, investigated the grain situation, recommended the $2.20 basis for Chicago and the presi dent adopted it and fixed it there. The commission was discharged and there is no provision in the law for a reconsideration of that-price. "Thus the farmer can gain nothing by holding the wheat back. Even if we dismiss the patriotic side of the question the farmer must be the loser in holding back this wheat for the reason that he is losing the interest he might have on his money and the wheat is subject to more and more shrinkage the longer he holds it. Is Handicapping Hoover. "But, worst of all, the holding back of this wheat impedes the progress of Administrator Hoover in his manage ment of food affairs, seriously handi caps our army and the armies of our allies." While there were only nine ca-rs of hard wheat in Kansas City Tuesday, a very meager run of wheat was re ported onthe market of Chicago and on the Omaha exchange thefe were only fifty-five cars offered all told, in cluding soft wheat, which is only fit for pastry purposes and is not con sidered bread wheat. Odd Fellows Recommend Vegetarian Diet Once Daily Washington, Sept. 11. Representa tives of the Independent Order of Odd Fellows' organization at a con ference today with the food adminis tration recommended to the society's membership a wheatless meal and a meatless meal each day. b his job! pK&V Wae increase 2'A cenkanhour SMM 'llllmK No descri mi naf ion J0Mk HiluK by employers -SlV ' u'l tfW against unions ffiMP fw w'MA Mylf You tttusi' 6et Ring Lar drier Attends Bomb Listens to brand new bravery formula pro pounded by Dr. Smith of Neenah, Wis. Shower and is Not Afraid (Special Cablegram to The Omaha Bee, Copyright, 1917.) By RING W. LARDNER. Paris, Sept. 10. They took us the other day to a certain place, where certain hospitals were bombed on a certain night last week by certain Germans. We visited one of the hos pitals and talked to a nurse from whom we learned that one of the doc tors, who was wounded by a bomb was Jr. Smith of Neenah, Wris. You must call a man something, so why not Smith? I had heard of Neenah and I asked the nurse if I might see its wounded citizen. She was a nice nurse and she said yes. Dr.' Smith proved to be a nice doctor and was glad to see me. , Dr. Smith has been over here a little over three weeks. The boat on which he crossed was the target for a sub, but the darn thing missed fire. The sub was sighted and all the pas sengers were warned to get busy. Dr. Smith was out on deck in time to se. the-torpedo's wake and he con fesses that the narrow squeak kept liim nervous' for some time there after. Well on a certain night last week a boche came over this certain place and began dropping bdmbs, probably in the hope of killing somebody or of destroying property, or perhaps, it was for some other laudable motive. The first warning brought out all who were able to leave their beds. They scanned the air and they distinctly saw tne fritz tlier. It was a moon light night. It happened that Dr. Smith of Neenah, Wis., was standing next to Dr. William A. Fitzgibbons of Kan sas City, Mo. "We were in a pretty dangerous spot," said Dr. Smith. "We might as well be here as any where else," said Dr. Fitzgibbons, and an instant later the Kansas City man was blown to atoms and Dr. Smith was laid out with a cracked knee. Dr. Smith was still laid up as he told me about it. "From now on," he said, "Fear and I are strangers. The sub scared me and scared me good, but it missed me and the bom$ took the poor fel low neat to me and left me with a bad knee. I'm too lucky to be badly hurt and I .don't believe I'll ever be scared again." A ,piece of shrapnel had been re moved from the Neenah man's knee and with pieces of clothing he had worn at the time the crash. I saw them both and I am glad that it wasn't my knee they entered so un ceremoniously. Dr. Smith is resting comfortably and he wants me to tell his partner, whom we will call by the grand old name of Dr". Donovan, that he has been having a grand time and wishes you was he. LIBERTY MOTOR FOR AIRPLANES PASSES TESTS Thrilling Chapter Added to Annals of American Engi neering by Addition of Fine New Engine. Washington, Sept. 12.The Liberty motor, the airplane engine upon which the United States is relying to establish definite air supremacy over the Germans on the battlefields of France, has passed its final test and is a complete and gratifying success, Secretary Baker announced today. In a 1, 500-word announcement Sec retary Baker told how all the best brains and business of American mo tordom had contributed its secrets and achievements to the government to produce the Liberty motor, which is to carry the thousands of Ameri can airplanes over Germany. Achievement of War. "Probably the war has produced no greater single achievement," the statement says, -and relates for the first time the story of the design and construction of the new motor which has added a thrilling chapter to American engineering records. Secretary Baker says the motor is "now the main reliance of the United States in the rapid production in large numbers of high-powered bat tle planes for service in the war." "In power, speed and serviceability and minimum weight," he continues, "the new engine invites comp. ison with the best the European war has produced. The engine was brought about through the co-operation of more than a score of engineers who pooled their skill and trade secrets in the war emergency." Ready for Manufacture. For obvious reasons, specifications of the motor, details of its perform ance under test, and arrangements made for its production in quantity are withheld. In conclusion, how ever, Mr. Baker says: "Progress has already been made toward organizing the industry for the manufacture of the new machines and deliveries will begin in a com paratively short time." Secretary Baker's statement fol lows "The 'United States aviation en gine' has passed its final tests. They were successful and gratifying. The new moto- designated by the signal service as the 'Liberty motor.' is now the main reliance of the United, States in the rapid production in large num bers of high-powered battle planes for service in the war. Power, speed, serviceability and minimum weight the new engine invites comparison (Continued on rage Five, Column One.) OMAHA WOMEN ARE PLEDGED TO DO WORLD WAR WORK Appear at- the Registration Places and Offer Their Sery-"' ices in Aid of Their Coun - try at This Time. Registration of the..- women in Douglas county for war work began promptly at 9 o'clock yesterday morning, continuing during the day at all polling places in the city. At 10 o'clock the women In each voting precinct took a bieathing spell and counted up the cards filled out. In most districts the results were en couraging, though the numbers were not as large as had been hoped for. Forty automobiles were busy all morning bringing in voters. Miss Edith Tobitt, county chairman, was at her desk in the library at 7, but the telephone had begun ringing before she came. She had even been called out of bed during the night to answer questions for women anxious to register. Open Till Eight Tonight. "Where do I register?" was the most popular question. "When" and "Why ' came next. At 8 o'clock be gan to come indignant calls. "Why isn't the polling place open now?" It was explained that it would be open at 9. Many working women would have registered before they went to work if tm booths had been open. However, this was provided for by the orders to keep the rooms open till 8 o'clock in the evening, so that all might have a chance to reg ister. "I am over 45. Can I register?" asked many women who were glad to do war relief work, and fully capable of it, though a trifle over 45. "There is no age limit," said Miss Tobitt. "From 16 to 100, if you wish. The 45-y.ar age limit applies only to clerical and stenographic work and such paid positions with the govern mental service." Many women, therefore, offered their services in sewing, taking care of children, etc. Pink Tea Appearance. There was a general pink-tea at mosphere at the polling booths which did not detract in the least from the efficiency of the registrars. At 721 Humane General Governor Is Removed from Belgium London, Sept. 12. Dr. Von Sandt, the civilian governor of Belgium, has been dismissed, says an Exchange Telegraph dispatch from Amsterdam today. "The dismissal is incomprehensN ble," adds the dispatch, "as the gov ernment had trusted him to write the history of the occupation of Belgium. He was the only Ger man official in Belgium who ever gave any evidence of humanity in treatment of people." (Continued on Tage Fire, Column One.) THOUSAND SHARPSHOOTERS STOP KORNILO FF'S TROOPS 26 MILES FROM PETROGRAD Premier Kerensky About to Assume Supreme Command of All Russian Armies; All Generals at Front Remain Loyal to Provisional Government Except Denikine, Under Arrest Military Dictatorship is Bound To Come in Russia, Says Engineer London, Sept. 12. Leslie Urquhart, one of the most prominent min ing and oil engineers in Russia, who has just arrived in London, in an interview in the Daily Mail, says: .. "I have faith in Russia. I have known the country more than twenty years and it will pull through. Whether General Korniloff will prove 'the saviour of society I cannot tell. But of this I am sure a military dictatorship has got to come." After paying a tribute to General Korniloff as "at least a man of ac tion," Mr. Urquhart asserts there are immense risks and a few compen sating gains for the Germans in a further advance on Petrogrsd, even if the time of the year and the character of the country permitted. Russia, he says, is tired of the war, just like all the other belligerent peoples, but is not tired enough to make a separate peace. He added: "I can say with absolute confidence that the whole Russian people would be dead against a separate peace and would make short work of anyone who attempted to negotiate it." Mr. Urquhart characterized Premier Kerensky as "an honest vision ary. At the bottom he is a talker, but little else." PAINLEVE FAILS TO FORM NEW FRENCH CABINET Will Try Again to Organize Ministry Acceptable to All the Political Factions. paris, Sept, 12. Paul PainleveVmin iste'r of war, has announced that he has .been unable to form a new min is try to succeed that of M. Ribot ow ing to the eleventh hour withdrawal of the socialists, Albert Thomas and M. Varenne. M. Painleve went to the Elysee pal ace at 1 o'clock this morning, where lie was joined by M. Bourgeois, other statesmen with whom he had con ferred awaiting him at the ministry of wan He returned within an hour and announced to newspaper mep that President Poincare had insisted that he continue his efforts to form a cabi net and that he had asked for time to think over the situation. Will Try Again. It is understood Prof. Painleve will again try to construct a ministry. Prof. Painleve's first combination proved even more abortive than did that of M. Ribot, the retiring premier, and collapsed from the same cause, namely, the exigencies of the social ists. What these exigencies are is not definitely known. Prof. Painleve had completed fiis list yesterday afternoon and his suc cess in forming a ministry was re garded as a foregone conclusion. At '10 o'clock last night the new minis ters assembled at the ministry of war. At 11 p. m. Albert Thomas, so cialist member of the war council and minister of munitions, and Deputy Alexandre Varenne, who had been named minister of public instruction, left the war ministry. In reply to inquiries they said: "It is nothing but a little difference which certainly will be settled in about half an hour." The ministers did not return, how ever, until an hour and a ha'f after muinignt. l heir absence was :ue, ac cording to reliable information, to the necessity of consulting M. Renaudel, Hubertrouger, Weber and Moutet, the permanent delegates charged by the socialist party to watch the cabi net crisis. Socialists Leave. A quarter of an hour later the two socialists again left the ministrj , say ing to reporters: we withdrt w in definitely on account of the .tneral composition of the ministry." The other ministers-elect continued their deliberations. Shortly before 1 o'clock this morning Prof. Painleve received the newspaper men and said: "I was charged by the president P BATTLE NEAR CAPITAL. (By Associated Press.) Petrogrsd, Sept. 12. General Kor niloff's armed forces marching on Petrograd have been stopped in a pitched battle fought twenty-six milei from the capital. Premier Kerensky ordered 1,000 sharp shooters to attack Korniloff's troops.1 ,ir""U.;- At Gatchlna, nineteen miles from the city, Korniloff has another body of men, but these have made no move toward the capital. The Associated Press was informed unofficially early this morning at the winter palace that Premier Kerensky w,ai,bout to assume the position of commander-in-chief of all the Russian armies at least until the revolt had been crushed." ' Vise; Premier Nekrasoff, in an inter view today said the political situation could be considered perfectly favor able. .. All 'the commanders at the front with the exception of General Deni kine, commander on the western front, who has been arrested with his chief of staff by the military commit- ' tee, remain faithful to the provisional " government. Pskoff is in the possession of gov ernment troops. COSSACKS QUIT KORNILOFF. , Cossack troops who formed part of the army sent by General Korniloff against Petrograd have sent delega tions to the provisional government expressing loyalty to the revolution and declaring they would arrest their officers who had deceived them. Major Generaf Bonoh Bruyovitch has been appointed commander-in-chief of the Russian army in succes sion to General Korniloff. Alexander Guchoff, the Octoberist leader and former minister of war and navy, who, after leaving Petro grad last Saturday, joined the Korni Toff movement, has been arrested He is now under guard at Pskoff. The central committee of the rnn. stitutional democratic party ' today informed Premier Kerensky that the ' party was agreed to its members joining a reconstituted Russian cab met in order to avoid civil war. Korniloff's Army Surrendering. Members of the Kerensky govern ment today informed the-Associated Press that while they were unable to report the final overthrow of General Korniloff, they are optimistic con- firmed reDOrts sav that a nart nf fon. eral Korniloff's army is surrendering to the government, f M. Nekrasoff, minister of finance, said the towns of Pskoff and Duga and the railroad station at Dno were all in the hands of the government troops. r In the chancellory of the council of ministers the correspondent was in- . formed unofficially that at the front the troops loyal to the government have in many cases arrested their Korniloff commanders and that there fore there are indications that the revolt will fail. The government has suppressed Novoe Vremya, a prominent Petro- (Continued on Page Two, Column Four) Rest of Drafted Men in the First Call Soon Will Go to Camps The list of the remaining 95 per cent of the men to be certified in the first draft for service in the national army will be practically completed by the end of this week, according to officials of the exemption board. The next 40 per cent of the first draft will be ready for certification by Friday of this week, and with the exception of a few cases held for fur ther investigation the lists for the balance of the first draft will be finished at about the same time, al though the dates for the official cer tification of the third division ot 30 per cent of the draft and of the final 15 per Cent have not been an nounced. The case of Reuben A. Johnson of Valley, Neb., offered a gratifying re lief to the board in passing on ex emption claims. Johnson stated that he would rather be in the army in the present circumstances than at home, but that his two brothers had joined the army, and it had fallen to his lot to stay at home and keep the farm going. The board in formally granting his claim, wrote: "We find your applica tion for exemption claimed upon the statement of fact that you have two brothers lately enlisted and accepted in the United States service, and upon this fine showing the board has been glad to unanimously grant your exemption, feeling that your fam ily has valiantly contributed and that no further sacrifices should be asked at this time." (Continued on Pare Two, Column One) A Correction By a mistake of tabulation the record of paid display advertising for the first eight months of 1917 was made to read : World-Herald's Loss? 9,035 Ins. The figures should have been: World-Herald's Loss, 6,695 Ins. The figures given for The Bee stand. , , The Bee's Gain, 21,659 Inches, Keep Your Eye On The Bee Improving Every Day; ... i '