PART ONE. NEWS SECTION PAGES ONE TO EIGHT 1HE Omaha Daily B H THE WEATHER C i ran VOL. XLVII. NO. 89. OMAHA, SATURDAY MORNING, SEPTEMBER 29, 1917 SIXTEEN PAGES. On Tralni. at Moteli. Slaidt, Etc., Je. SINGLE COPY TWO CENTS. LA WYERS FOR KELL Y A TTA CK HA VNER; INDICT MEMBERS OF RED FLAG CLAN WILL BE TRIED BY FEDERAL CODRT UNDER SEDITION ACT Ton of Evidence Seized by Department of Justice Was Basis for Wholesale Indictments of Plotters Throughout Country and Conclusively Proved German Aid. 160 W: W. FOR CONSPIRACY JUDGE REESE OF SUPREME COURT DIES AT LINCOLN Fare Boxes Installed; Traction Men Strike San Juan, P. R., Sept. 28. The street car conductors and motor men in this city went on strike late yesterday after cash fare boxes had been installed on the cars. Taxicab and motor bus drivers have contributed to the strike benefit Away at Age of 78 fefrirTSl MGHT IN Had Been III All Summer. Washington, Sept. 28. More than 160 leaders of the Industrial Workers of the World engaged in the alleged nation-wide conspiracy to hamper the government in carrying on r.he war have been indicted by the federal grand jury at Chicago. CHARGE CONSPIRACY. V Indictments will be handed in to the court probably late today. Between 160 and 170 persons, resident in al most every section of the country, are named in the indictments. Seditious conspiracy the crime nearest to treason within the defini tion of the criminal code is charged. This offense is punishable by six year's imprisonment or $5,000 fine, or both. Indictments are understood to be based upon revelations brought to light in the recent country-wide sei zure by federal authorities of docu ments and correspondence of the In dustrial Workers of the World in ap proximately fifty towns and cities. These documents are understood to have revealed the existence of a con spiracy, the most far-reaching in its scope of any yet unearthed, to em barrass the government in the prose cution of the war by resistance to the draft law, by fomenting labor dis turbances, by burning crops and for ests and in numerous other ways. A compartively small coterie of men is understood to have directed the en tire movement. Officials here feel that in many in stances the alleged ringleaders of these anti-war activities are virtually guilty of treason, but because of the .narrowed definition of treason in the 'criminal code and in numerous court decisions it was thought best to ask the grand jury qto find indictments on the broader charge of seditious con spiracy. William C. Fitts, the assistant attor ney general, under whose direction the nation-wide raid of September 5 was carried out, without a hitch, is in Chicago today in personal charge of developments. Secrecy Maintained. Chicago, Sept. 28. Federal officials in Chicago today continued their policy of absolute silena on the ac tivities of the grand jury which has been investigating Industrial Work ers of the World and kindred organi zations. There was no .hint of when indictments would be returned in court or whether they might not be presented in chambers with an ac companying secrecy which would pre vent publication of names of persons indicted until after arrests had been made. There has been intense activity in the federal building here for two weeks, both preceding and following the spectacular nation-wide raids on Industrial Workers of the World quarters. Ton of Evidence. The evidence laid before the grand jury was of such volume as actually to weigh a ton or more and is said to show a nation-wide conspiracy to f (Continued on Tage Four, Column Three.) Chicago Man Made Shipping Board Director Washington! Sept. 28. Edward F. Carry, a car manufacturer of Chicago, was today made director of operations for the shipping board. He will be directly in charge of the govern ment's merchant fleet. Mr. Carry now is a member of a ship-building wage adjustment board. the Weather For Nebraska Fair; warmer. Temperatures at Omaha Yenterday. Huurs. Des. r-i " 6 a. m 63 H X if I 7 a. m 64 R B A li.ni 66 tff M 9 a. m 60 jSftJ- HI a. m 64 fi$2& f I '1 m 11 eyy? D 1 p-,n 9 n 3 p- m 3 p. m 75 g 4 p. m 75 6 p. m 73 gSSggfe 1 p. in 71 1 p. m 68 ' 8 p. m 67 Comparatlre local Kecord. ... t J17. 1316. 1915. 191 4. Highest yesterday.... 76 64 & 81 Lowest yesterday.... 62 41 6SC 66 Mean temperature... 64 48 67 68 Precipitation 00 .00 T .00 Temperature and precipitation departures from the normal: Koimul tcmncraturo 82 Excess for tue d;iy 2 Total deficiency since JIarch 1. ."!!!! !202 .Normal preiipttiUion 11 inch Deficiency for tho day 11 Inch Total r.ilnf.tll since JIarch 1. ... 20.69 inches Deficiency since March 1 4.03 Inches Deficiency for cor. period, 1916.10.65 Inches Deficiency for cor. period, 1915. .38 inch Reports From Station at 7P. M. Station and State Temp. High. Rain of Weather. 7 p.m. est. fall. Cheyenne, clear 70 76 .00 Davenport, clear 64 70 .00 Denver, clear 78 'i .00 Des Moines, elear 68 74 .no Dodgs City, clear 78 88 .00 Lander, clear 68 80 .on North I'latte, clear 63 78 .00 Omaha, clear 68 76 .on Publo, clear 72 80 .00 r.iij'lrl City, clear 68 82 .00 : alt Lake City, clear. . . 74 78 .00 Santa Fe, clear 72 76 ,00 Sheridan, clear 66 78 .00 Sioux City, clear 68 74 .00 Valentine, clear 76 82 .00 "T" Indicates trace of precipitation. L. A. WELSH, Meteorologist. NAB MANYI.W.W. LEADERS AFTER GR ANDJURY ACTS Indictments Returned at Chi cago and Haywood Among the First of More Than Score to Be Taken In. Judge Manoah B. Reese, judge of the supreme court of Nebraska, died at a Lincoln hospital yesterday at the age of 78 years. He has been ail ing all summer, most of that time be ing spent in a hospital, and was not able to rally because of his age. Judge Reese was born in Macoupin county, Illinois, in 18J9. He received a common school education and then attended a seminary for two years. j (By Aimorinted Press.) Chicago, Sept. 28. Formal return of a blanket indictment charging a nation-wide conspiracy to hamper the government during the war was made todaf in the United States district court here against 166 leaders of the Industrial Workers of the World. Arrests speedily followed. Almost before the court proceedings had reached the stage of the discharge of the jury, deputy marshals were on their way to the local Industrial Workers of the World headquarters in automobiles donated and driven by women and quickly returned to the federal building with prispners. In the first hour 35 men were haled into the office and were questioned by men of the bureau. Among the first to be taken in custody was William D. Haywood, secretary of the national organization of the Industrial Work ers of the World. Seditious Conspiracy. An explanatory statement by the government attorneys who have di rected the investigation of the sedici ous conspiracy, the crime of which the men named in the indictments are accused said: "The prosecutions are under sec tions 6, 19 and 37 of the criminal code and under the espionage act. Only leaders in conspiracies or those per sonally culpable in connection with the perpetration of crimes against the United States are Included as de fendants found. i I. W. W. a Degenerate. Commenting on the fact that the indictment was aimed at one but I. W. W. members, Judge Fitts gave this definition of the I. W. W.: "The I. W. W. differs from social ists and from every form of legitimate labor organization," he said. "The I. W. W. is a degenerate; its doctrine is treachery, built on the teaching of the employment of secret and covert de structive methods intended to wreck the employer and through destruction of production and transportation dis able society and the government it self. The object at this time being to render the enemy stronger and our dear country weak in the resistance of that strength." Called for Trial. When all of the indicted men have been arrested the cases will be called for trial here and as rapidly as the arrests are made the prisoners will be brought beiore the federal authorities here. The espionage act under which the indictments were found permit ting that pioceedure. After he had been questioned hy Hinton C. Clabaugh of the depart ment of justice, William D. Haywood, general secretary and treasurer of the I. W. W., was held in default, bail being fixed at $2'5,000. Officials Apprehended. Richard Brazier of Chicago, Spo kane and elsewhere, member of the general executive board of the I. W. W. George Andreychine of Chicago, Duluth and elsewhere, manager of the I. W. W. publicity bureau, Chicago. Ralph E. Chaplin, editor and man ager of "Solidarity." Vladimir Lossieff, Chicago. Bert Lorton, Chicago, manager re cruiting union. Charles Rothfisher, editor "A. Der gumkas," Chicago and Cleveland. Charles I'lahm, Chicago and De troit. Herbert Mahler, Seattle and Chicago. HOUSE RESULT OF HEFUN CHARGE Alabaman and Norton Mix in Row Over Investigation of Former's Accusation of Disloyalty. Washington, Sept. 28. The row in the house over Representative Hcflin's charges culminated today in a fight between Heflin and Representative Norton, his chief critic. Friends soon separated them. The climax came at the end of a gusty session of the house, which did not approve the action of the rules committee in refusing to begin inves tigation of Herlin's charges that cer tain congressmen acted suspiciously about the time Count von Bernstorff was asking his government to author ize the expenditure of $50,000 to in fluence congress. f hey Clinch. Norton, who had led the attack on Hellin for his charges, had gone over in the flnmr rrnlir ci'rlp tn t.ilL- tr Tlf- U' lin The rnw hrnWe mit at rnr tin ttwo men clinched and fell over on a JiTOjiv of seats, while friends from both rtf till, fiall nila,! rAim,l nn.l -separated them before blows were l sirucK. Did you ever say that I was dis loyal?" Norton says he asked Hcflin. "No," Hcflin replied. Norton then made some remark about his being as loyal as anyone in the house and Ileflin told him to go away. "You get on out of here," Heflin is reported to have said, starting to rise in his seat. Heflin Springs. Norton stcod still, while Ileflin sprang up and grasped Norton by GERMANS DRIVEN BACK IN EFFORT TO REGAIN LOSSES Important Territory Occupied in Recent Offensive is Held Against Teuton Coun ter Attack. JUDGE M. B. REESE. f " His father v. as a farmer and Manoah lived on the farm until he was 24 years old. In 1862 he married Carrie Bur rows, in Clark county, Iowa. He lived in Nebraska since 1871. He was a member of the state con stitutional convention in 1875, district attorney of the Fourth judicial dis trict frnm 1R7ri tn IfiR.V fiirlo-i nf fhe Nebraska supreme-court from icro4i coat aPcls- The .tw men grappled 1890, Masonic grand master in 1887, member of the general conference of the Methodist church in New York in 1888, dean of the college of law, Uni versity of Nebraska, 1893. He began the study'of law when a young man. At. the outbreak of the civil war he enlisted, but was rejected because of an accident which made him physically unfit for service. He was admitted to the bar in 1865. On coming to Nebraska he settled in Plattsmotth, but after two years because of the health of his family he moved to Saunders county, where he lived for sixteen years. He was re publican candidate for United States senator in 1899. Judge Reese has resided in Lincoln many years. Twenty-Three Are Killed When Two Trains Collide a Kellyville, Ok!., Sept. 28. Bodies of (lly Associated Pre.) Efforts to break into the new ground won by the British in the re newal of the Flanders offensive on Wednesday are bcins continued by the Germans. Failing to shake the Rriti.sh line elsewhere they tried it out last night at Zonncbekc, where the British have pushed far along the road to Roulers. The British artillery, machine gun and rifle fire was too much for them, however, and the at tack was broken up. Zonncbekc is an important point for the British and their previous ef forts to reach and maintain a hold on it had been desperately resisted by the Germans. Their present position in the village places them within a half dozen miles of the important north and south railway line connecting Lille with Ostend, on the coast, the cutting of which or its domination at even medium range artillery fire would seriously handicap the Ger mans in their Flanders operations. Strongholds Taken. In the Tower Hamlets and Polygon wood regions, toward the British right flank, the clearing up process which followed Wednesday's battle was carried out further last night and the Germans were driven from iso lated positions to which strong par ties of them were clinging. There has been little other mili tary activity of a nature to call for mention in the official statements ex cept in the Argonne region, on the French front. The Germans of the crown prince's forces made an at- I tempt last night to break into the French lines in this sector, attacking three times. These assaults were all repulsed, the Germans sustaining heavy losses, says today's Paris war office reports. On the Caucasus front the Russians are showing renewed aggressiveness. In engagements with the Kurds de tachments of these hostile forces have for a moment and then fell over with Norton on top. Immediately the house was in an uproar. Speaker Clark bang ed for order, while members leaped over seats and down aisles to reach the struggling men. The sergeant-at-arms, hurriedly grasping the mace, his badge of authority, ran toward the combatants. Disordc reigned in the galleries, where people rose from their seats and rushed to the rail to see into the pit of the house. Friends separated the men without difficulty and led them to the cloak rooms. The only marks of combat showed on Norton's white collar and Hcflin's usually immaculate white shirt front. Order jvas restored as quickly as it had been disturbed. Committee Refuses to Act. After a heated session today, the house rules committee refused to act on resolutions proposing congres sional investigatiin of Representative Heflin's charges that a number of members of congress "had acted sus piciously" about the time Count von Bernstorff asked his government for authority to spend $50,000 to influence sixteen negroes, three of which were' congress on the submarine warfare women and seven white men have been taken from the wreckage of the St. Louis and San Francisco train No. 7, which collided head on with an empty troop train, one mile south west of here this afternoon. It is be lieved that several more bodies still are in the'debris. Oil Man Killed. The only white man identified so . far is a Mr. Hutchinson, an oil man of Tulsa, who was the twenty-third vci tim taken out. Number 7 was to have taken siding at Kellyville to let the troon train pass, but pulled out of the station before receiving the orders, it is said, meeting the troop train at a bridge across the Polecat creek. Rush Ambulances. Tulsa, Okl., Sept. 28. A special train bearing thirty-five of the more seriously injured in the Kellyville wreck is nearing Tulsa. All available ambulances were sent to the scene of the wreck. Church League Says Sending Of Tobacco Is Wrong Freeport, 111., Sept. 28. The r?rac tice of sending cigarets and tobacco to soldiers was condemned in reso lutions adopted today at the state convention of the Keystone League of Christian Endeavor of the United Evangelical church. The convention resolved to present a pocket Bible to each Keystone league member going into the army and to keep in touch with them by ersonal letters, prayer and by send ing them church and Sunday school literature. Submit to Blood Transfusion ' Trying to Save Life of Brother The love of his brothers and sis ters, which prompted them to give some of their blood to him, was not enough to save the life of Sylvester McCreary, 2422 North Fifty-eighth avenue, who died at the Nicholas Serin hospital Thursday night. Several times during the last two weeks, while he was hovering be tween life and death, two brothers and a sister submitted to an opera tion giving their blood in an attempt to save his life. Mr. McCreary was in such a weakened condition, the result of several hemorrhages, that their sacrifice was vain. He is survived by his father, three brothers and a sister. issue. Members favoring investigation planned to wage a fight on the floor against the action of the committee. Chairman Pou issued this statement: Two Vote Against. "In view of information which the committee on rules has received of a nation-wide investigation of the use of money furnished by the German government, now being conducted by the Department of Justice, the com mittee on rules has decided to take no action on the several resolutions before it." Two members Wood of Indiana and Kelly of Pennsylvania voted against the committee action. Rep resentative Foster of Illinois also in dicated .that he favored an inquiry, but voted with the majority. Exports at Port of New York Show Falling Off New York, Sept. 28. Exports of merchandise at the port of New York fell more than $95,000,000 last month, as compared with August, 1916, ac cording to the monthly report of for eign commerce made public today at the customs house. Imports for August for the present year showed a gain of more than $14,000,000 as compared with August, 1916. The report shows that total ex ports for August, 1916, were $273, 627,773 and for August of this year $178,624,369. Imports for August, 1916, were $107,920,942, and for the last month $122,231,660. Fifty Dollars Reward for Slackers Offered by U. S. Washington, Sept. 28. With a reward of $50 for the delivery of each deserter, the provost marshal general's office, today began a drive to round up at once all drafted "men who have not reported to their local boards as directed, and all who have not reported to the adjutant gener als of their respective states when ordered. All such are considered deserters. Where delinquency is shown not to be willful they will only be deliv ered to the proper camps. Willful deserters will be taken before courts-martial. (Continued oa Pate Caur, Column 4)ne.) Eight Army Men Involved in Spy Plot Against U.S, , San Francisco, Sept. 28. Five members of the United States aviation corps, ail army recruiting officer and two navy ensigns were said today by federal officials to be involved in a spy plot, alleged to have been headed by Lieutenant Erwin Frederich Schneider of the German navy and Theodore Kasinger, department store employe, both of whom were taken into custody here recently. . This disclosure came as the result of an order from the Department of Justice providing for the immediate removal of Schneider and Kasinger from the county jail to an internment camp on Angel island, which contains Franz Bopp, former GTrman consul general here, and his aide, Baron E. H. von Schack, former vice consul. The authorities refused to divulge the nature of the alleged participation of the army and navy officers in the plot. They said all information on the case had been sent to San Diego and Los Angeles, where it was under stood the conspiracy centered. At the time Schneider and Kasinger were taken i ito custody federal agents asserted the two had associated with four Austrian army officers subse quently detained at Laredo, Tex., and who, it wali believed, were planning to embark from Mexico for Germany or Austria. It was said they wre sus pected of having secured military in formation. Refuse to Send Telegrams From U. S. to Australia Montreal, Sept. 28. The United States ; nd British governments have refused to consent to transmit to the Unitarians of Hungary the text of a proposed message under considera tion by the conferees of Unitarian and other Christian churches, meeting here, it was stated today by Rev. Wal ter F. Grccnnian of Milwaukee, gen eral secretary cf the conference. The resolution expresses a wish for the re establishment of former relations and good will. Irigoven Won't Break Off Relations With Germany Buenos A-rcs, Sept. 28. President Irigoycn is preparing a message in reply to the request made by congress that diplomatic relations between Ar gentina and Germany be broken. The president, it is understood, contends that it is impossible to break off re lations with Germany because of the Count von Luxburg incident, the gov ernment considciing this affair to have been adjusted by the German foreign office's explanation. Strikes Aid America's Enemies, Say Army Men San Francisco, Sept. 28. United States army authorities here issued a declaration today pointing out that "any de'ay or obstruction in the ship building program is one which favors our enemy,' the German nation, and delays and obstructs the termination of the war. ' Every day of the strike of the 30,000 men in the San Fran cisco Bay district, the statement points out, prolongs the conflict. SU1 TON CHARGES FRAMEUP MADE TO C ON VICT KELL Y Allegaiton Meetings Were Held at Which Former Senator Jones Was Present to Plan Campaign; Jury in Murder Case Disagrees and is Discharged; Brown Holds Out for Conviction. FORMER STATE SENATOR JONES of Villisca, la., whoia ton wa a witneit in tha Kelly mur der case at Red Oak. I F. F. JONES. Red Oak, la., Sept. 28. (Special Telegram.) Former State Senator F. F. Jones of Villisca made the follow ing statement today, after the dis agreement of the jury in the Kelly case: "We have kept out of this affair, and the only time we were at the trial was on the day when my son, Albert, and his wife were witnesses, and I did not go to the court room that day. I belicye the state made a good case. I believed that Kelly should have h fair trial and I also believed that the state should have had the op portunity to present its case, but the activities of Wilkerson by holding meetings around the country pre vented what I believe a fair disposi tin of the case." "Do you think Kelly is guilty of the Villisca ax murders, senator?" was asked. "All I care to say is that the state made a strong case against him," was the reply. Senator Jones took occasion to compliment The Bee on its fair man ner of presenting news of the trial to the people of Montgomery county and Iowa. Senator Jones and his son, Albert, have been the quarry of Detective Wilkerson for several years. Charge Wholesale Fraud In Mayoralty Race New York, Sept. 28. Discovery of evidence of "palpable fraud" in more than 100 election districts in connec tion with last week's republican pri maries was announced today by Dis trict Attorney Edv.'ard Swann. In six teen of these districts, he said, ' the election officials would be examined at once under subpoena. During the recount William M. Bennett, fo'mer state senator, con tinues to gain. This afternoon his ap parent majority had reached 492itotcs over Mayor Mitchell, fusion candi date, who byjthe official returns won the republican nomination for mayor by 335 votes. U. S. Attorney Quits Office to Try Oil Cases Washington, Sept. 18. United Stales Attorney Schoonover at Los Angeles has resigned1, effective to morrow, to take up special work' for the government in connection with the pending case against the South ern Pacific company to recover val uable oil lands in southern California. Mr. Schoonover's resignation to do this work is part of a program of a reorganization necessitated by the death recently of United States At torney Justice at San Francisco, who was engaged in directing the prosecution. "Juror Brown was the only man who voted to convict Kelly. Juror Brown is a chum of F. F. Jones and represents the Jones faction in Mont gomery county. During the trial of this case Jones had a banquet for Attorney-General Havner in Villisca and at that time, we understand, Havner told the guests that one man on the jury would block a verdict of acquittal and he would make the people of Montgomery county convict Kelly or he would bankrupt the county in numerous trials." TALKS HAVNER DISBARMENT. This is the sensational statement made by A. L. Sutton of Omaha, when told by s. reporter for The Bee that the jury in the trial of Rev. Lyn G. J. Kelly for the murder of eight persons in Villisca. had disagreed and had been discharged. Mr. Sutton is one of the attorneys for Kelly. "I think the lawyers of Iowa ought to start proceedings to have Havner disbarred for his conduct in secur'ng the confession of an insane mn," Mr. Sutton further declared. "We have positive proof that F. F. Jones and Attorney Genera! Havner have had various meetings in Des Moines in furthering their joint fight against Kelly. SHIELDING JONES FAMILY. "The prosecution of Kelly is only a movement to shield the Jones family. I stood up in open court at the be ginning of the trial and objected and protested against Brown being on the jury because I knew him to be the chum pi Jones. The outcome of the trial proves I was right. Eleven men voted 'not guilty' on every ballot. "The verdict amounts to a complete vindication of Kelly. And under the circumstances I have mentioned I do not believe Attorney General Havner will have the nerve to put Kelly on trial again." By EDWARD BLACK. (Staff Correnpontlent for Tlie Bee.) Jury Fails to Agree. Red Oak, la., Sept. 28. (Speciat Telegram.) After the disagreement and discharge of, the Kelly jury Mont gomery county exclaims: "What next?" The jury went out at 5:05 Wednes day afternoon and at 1:30 this after noon Judge Boies summoned the twelve good talesmen and true Into court and inscribed upon the court records a few words, which legally discharged the jurors. At 8:30 o'clock this morning the jury appeared before the judge and Foreman Henry Bruce announced: "We ave a jury we cannot do any thing with. They won't follow in structions or anything else." The court thereupon told them to retire and try again. At 11:30 the jurors were again brought in for fur ther instructions, which amounted to a request that they endeavor to reach a verdict. After dinner the foreman rapped on the door of the jury room and announced the case was ropeless. Kelly was brought into court with Attorney Hysham and within a few minutes it was all over. Indictment to Stand. Disagreement of the jury left Kelly in the position he was before the trial started. His guilt or innocence of the Villisca av murder has not been established, and, according to state ments of Attorney General Havner. the indictment of the grand jury will not be dismissed, which, infcrentially, at least, means another trial will be held. The prisoner was remanded by court to jail at Logan, Harrison county, according to order of Judge Woodruff last May. Kelly's attorneys, however, are making efforts to have Woodruff countemand his order by authorizing retention of the little minister at Red Ok. ' What ae they going to do with me now?" asked Kelly of Attorney Hysham. "I suppose, Kelly, it means an otrhcr trial," replied Hysham. Kelly looked pleadingly toward his wife and answered, "I don't believe (Continued on race Two, Column One.) Ho! Boys and Girls! Balloon Squawkers In Ak-Sar-Ben Colors For Carnival Week Supply Limited Yours While They Last In this way The Bee will contribute to the merriment of the festival. All you have to do is to blow up the balloon from time to time and it "squawks" for you as the air escapes. This Coupon and 3 Cents Will Get You One At The Bee Office Nearest To You. Home Office, Bee Building. Ames Office, 4110 N. 24th St. Lake Office, 2516 N. 24th St. Walnut Office, 819 N. 40th St. Park Office, 2615 Leavenworth. Vinton Office, 1715 Vinton St. South Side Office, 2318 N St. Co." Bluffs Office, 14 N. Main St.