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1 EVERYBODY EVERYBODY 12 PAGES 12 PAGES READS IT. NEEDS IT. LAST EDITION. FRIDAY EVENING. TOPEKA, KANSAS, MAY 24, 1907. FRIDAY EVENING. TWO CENTS J OCEANSOF BEER. Ion Townsend Handles Thous ands of Carloads in Topeka. Agent of Sehlitz Brewery Tells His Story. OX THE WITNESS STAND Capital City Evidently a Thirst Center. Trial of Damage Suit Against Breweries and Agents. To the best of the recollection of Alonzo C. Townsend. who for many years held the undisputed title of king of the Topeka jointists, but who now styles himself as an agrarian, he has disposed of in this city between five and ten thousand car loads of Sehlitz beer. He handled this great amount during the period of eight or nine years and up to July last when he re linquished the agency of the company here. There is considerable variance between five and ten thousand, but if Townsend had only handled five thou sand car loads it would mean that he had disposed of more than a carload a day during the entire time he was the Sehlitz agent in the city, which is no inconsiderable amount for a town of Topeka's size, and in a prohibition mate, to consume in one day when the fact is considered that many other kinds of beer were also on the local ma i ket. Townsend made a statement to this effect on the witness stand in the dis trict court today during his examina tion as a witness in the trial of the suit of six-year-old Albert Smith, which is brought through his mother, to recov er $15,000 damages from John W. Oinette, Green Watson. Robert Kneis ly, the Topeka Ice & Fuel company. A. C. Townsend, the Joseph Sehlitz Brewing company and the Val Blatz Brewing company. The damages are demanded by the little boy because he Is deprived of the support of his fath er. Oliver Smith, who is in prison serv ing a term for the murder of Thomas Bair, which was committed in 1906 while Smith was under the influence of liquor and which resulted during a dispute over a game of cards. The Smith boy claims that the defendants are responsible for the murder and his father's incarceration because they had to do with the furnishing and sell ing of liquor to him in violation of the prohibitory law of the state. I'nder a gruelling fire of questions from Col. Joe Waters, of counsel for the Smith boy, "Lon" Townsend told much about the workings of a brewery company in a prohibition state and anionic those who kept tab on his in teresting admissions, for he could hardly be styled a willing witness, was J. J. Schenck. the county attorney, through his assistants who were in the court room during most of the time th;it Townsend was on the stand. Mr. Schenck may have use for some of the information given by Townsend in the future, although he would not say whether or not he was going to bring any proceedings on the strength of it. Among others things that Townsend told on the stand was that he turned over the agency for the Sehlitz people In July last, to C. H. Curtis, better known as "Cash" Curtis. Not long ago when the attorney general began his famous proceedings against the brewers doing business In the state an Injunction was served on Mr. Curtis as the agent of the Sehlitz company. He denied at that time that he was the company's agent here. Xcver Solicited Orders. The purposes of Townsend's ex amination by Colonel Waters was to establish the fact that the Sehlitz com pany, one of the party defendants to the suit, was actually engaged in the felling of liquor in the city and through Townsend had sold it to the Joints in North Topeka which were patronized by the plaintiff's father. Townsend's memory was not very cer tain on the actual sale of Sehlitz beer to Oinette and the other North Topeka Jointists. He declared on the stand LiiAi neuner tie nor Bruce Curtis, an emnlove of Vii ..-.-o.. n i. j j former but nVsaw ' aers received were filled. He testifWl - - that he had no connection with the drug store on East Fifth street where he used to have his headquarters. "You sold beer to all the drug stores in the city?" asked Colonel Waters. This was objected to by Lawyer Harkless for the defense and the ob jection was sustained. Mr. TnH'rrjpnil rt.rlti v.n l i from one to three delivery wagons at work delivering , . 1 w, .,.tVnf ,.eI ,an! ?neM n.n"v il une or inese wagons used in 1906 was not hauled by a gray horse. "Oh. I don't remember what color ed horses were used on the wagons lownsend replied. "Durincr the last couple of years I have had a thousand head of horses and I don't remember the color of all of them. I had lots of gray horses." It was at this point that Mr. Town send testified that he had handled be tween five and ten thousand carloads or sehlitz beer. i -r-, T . , , . . i The Joseph Sehlitz Brewing com- pany knew that you were selling this beer in Topeka?" asked Colonel Waters. "I suppose so," replied Townsend. and then with a smile he added: "They surely did not think that I was using it all for myself." "You sold this beer to the houses of prostitution in the city?" thundered Colonel Waters. "I object to that question," said Mr. Harkless. "objection sustained," ruled Judge Dana. "You sold this beer to all the gam bling hells in this city?" continued Colonel Waters. "You sold this beer to all the assignation houses in this city? You sold it to all the joints and saloons in this city?" Similiar objections were made to all these questions and the court sustain ed them so Townsend did not have to answer them. Ordered From Kansas City. Townsend said that he generally ordered the beer from Kansas City end the bills for it were sent him from Milwaukee, where the Sehlitz com pany has its headquarters. The cross examination of Mr. Townsend did not Tiring out any matter of moment. Otto Kuehne was then called to the tand. He testified that the property at 815 North Kansas avenue. In which, it Is alleged that Ginette ran a Joint and whore the murder was com mitted, belonged to his wife and that he rented it to parties for use as a club room. Ona of the lessees was named Gesslnger. He did not know what kind of a place was operated there. At the conclusion of Mr. Kuehne's examination Townsend was recalled to the stand by Col. Waters arid after a lot of questioning he got Townsend to admit that the Sehlitz company had furnished him . with refrigerators, beer pumps and other appurtenances for a salooon. Townsend said he might have received a dozen sets of these. He said that they were charged up to him but that he had never paid for them. He said he had placed them In various places in the city. "Whero are these fixtures now?" asked Col. Waters. "A good many of them are broken up," replied Mr. Townsend with a sad smile. He admitted that these fixtures were distributed by him to induce persons to handle Sehlitz beer. "Isn't it a fact." asked Col. Waters, "that you gave these fixtures to every body who bought beer of you?" "No. it is not," replied Townsend. "If you bought a case of beer you would not get a refrigerator or any thing else with it." "I know that," replied Col. Wraters, "but if I had started up a joint and promised to sell nothing but Sehlitz beer I would have gotten a set of these fixtures." Mr. Townsend admitted that this was true. Admission was also made by Townsend that these fixtures were given to disposers of beer without charge and he was asked a lot of questions as to why the Sehlitz com pany gave away these fixtures. He i staited to say that he guessed it was I because other brewing companies did j the same thing but the attorneys for j th;; defendants interposed with ob jections and the court decided that i!r. Townsend could not properly tes tify about something that the Sehlitz company might have had in mind. It is likely that the trial of this case will cr.ntinue for several days, al though it may be finished up in short order. It promises to develop much that is interesting concerning the traffic in liquors where prohibition prevails. Oliver W. Smith, head of the keg de partment of the Sehlitz Brewing com pany of Milwaukee, was on the stand this afternoon and testified that Towns end did not handle any liquor for the company on commission. hasaggWcase. Commissioner Anthony Finds for State of Missouri. In Ouster Proceedings Against the Standard Oil Trust. Jefferson City, Mo., May 24. Commis sioner Anthony, appointed by the Mis souri supreme ccurt to take testimony in the ouster suit of the state against the Standard Oil company today made his report to the court. He holds that the evidence introduced before him is sufficient to oust the Standard Oil com pany and tributary companies from Missouri. Attorney General Hadley filed the suit in the supreme court two years ago, charging that the Standard Oil company, the Waters-Pierce Oil com pany and the Republic Oil company were in a trust and were parties to a conspiracy to control the price of oil and petroleum products in Missouri, and to limit and prevent competition in the oil business. Judge Anthony, of Fredericktown, Mo., was appointed by the supreme court to take testimony and report his findings to the court. More than a year has been given to taking of testimony, examinations have been made in New Tork, St. Louis and in other cities. In his report to the court Judge An thony reviews in detail the testimony showing the organization and conduct of the companies. He reports to the court that the evi dence shows that in 1901, the Standard, Waters-Pierce and Republic oil com panies, entered into an agreement. wnicn continued io exiui up iu me nine the filing of the suit, for the pur- ,,131, r r nvmc Sinn pnnint nil? i fih nr-u-fiN to be paid by retail dealers and others in Missouri for the products oi petrol eum, and to limit and prevent compe tition in the business of buying and selling oil. The commissioner further finds that the three oil companies from 1901 up to the time of bringing the suit by the attorney general, did: 1F1X amJ maintJln the Prices- of the refined products of petroleum sd in Missouri, consisting of coal oil, gaso- line and naphtha. ,, , v, 2 Did control and limit the trade In such refined products of petroleum in the state. 3 Did prevent and destroy competi tion in the purchase and sale of such refined products of petroleum. The report says that in pursuance of the agreement the oil companies pre vented competition among themselves and others in Missouri securing control of 90 per cent of the oil business, de piiving the people of free, full and wnniesome cuiupciiliuu. i i i . i l nie v i . if mis,?A the nubile into the belief that they were separate ana ais tinct corporations, when in ract the agreement made them one corporation. The findings of the commissioner sus tain the contentions of Attorney Gen eral Hadley. The report of Commissioner Anthony will now be reviewed by the supreme court. The court may affirm the find ings of the commissioner, or it may remand the case to him with sugges tions for further proceedings. If the report should be affirmed and the findings of the commissioner adopt ed by the court, the court would then have power to take from the Waters Pierce Oil company which is a Missouri corporation, its franchise rights as a corporation. With regard to the Stand ard and Republic companies, both of which are foreign corporations, the court would have power to cancel their right to do business in Missouri. The court may impose fines on the defend ants. Chinese Famine Broken. Washington, May 24. The Red Cross has formally announced that it will no longer receive contributions of money or provision for relief of the Chinese famine sufferers, the famine having been broken by the spring crops. INTO THE DITCH. Santa Fe's Fast California Train Wrecked at Beading. Seven Cars Are Derailed Early This Morning. NO ONE IS KILLED. Official Beports Say No Pas sengers Were Seriously Hurt. Belief and Wrecking Train Sent From Topeka. Seven cars of Santa Fe train No. 8, the through train from San Francisco, were derailed at an early hour this morning at a point just east of Read ing, Kan., Lyon county, and although the cars were well filled with passen gers none of them were seriously in jured and none of the tram crew was hurt. .No. 8 is due in this city at 4:20 each morning and this morning's train was over two hours late. It reached Read ing at 5:48 and a couple of minutes afterwards word reached Reading that the train had gone in the ditch just east of that point. The train was in charge of Con ductor Foote and Engineer W. C. Gal lagher, of Argentine. One of the first reports to reach the city was that Engineer Gallagher had been killed but this report was erroneous. A preliminary report on the wreck was received early this morning at the general offices here from C. T. Mc Leilan, the superintendent of the Kansas division. This report merely mentioned the fact that seven of the cars of the. train had been derailed and that no one was reported as being injured. As soon as tha first news of the wreck reached here and before it was known whether or not it was a dis astrous one. a relief and wrecking train was sent out from this city. I,ntost Official Itowort. A later official report from the scene of the wreck was given to the State Journal this morning by Henry B. Lautz. assistant to General Man ager J. E. Hurley. Seven cars in all were derailed. The cause of the de railment was the breaking of one of the seventy-five pound steel rails of which the track at that place is con structed. The mail car was derailed but was left upright. A Wells-Fargo refrigerator car was turned over on its side and was off the trucks. A baggage car was derailed but was left upright on the roa'ibed. Another Wells-Fargo car was derailed and was turned over on its side crosswise of the track. Two coaches were derailed but were left upright on the ties. A chair car was also left in the same position. No damage was done to the tourist or standard sleepers on the train and they were left on the track. The engine remained on the track. The accident occurred just out of Reading and the train was running slow at that place. Engineer J. A. Gallagher of Argentine and Conductor C. 13. Foote of the same place were in charge of the train. Engineer John Helvie of Argentine had charge of the train to Emporia but owing to bad order on his engine Engineer Gal lagher took the train at Emporia with a freight engine No. 1133. A special train was sent out to the' scene of the wreck this morning be fore six o'clock in charge of Con ductor Holdren and Engineer Neuge berger. A wrecker was taken along to clear up the track and the wreck age was cleared up in short order. Santa Fe train No. 3, the California Limited was run over the cutoff via Ottawa but the other trains were run through Topeka on schedule time. MRS. M'KINLEY BETTER. Rallies Sufficiently to Ask for a Drink of Water. Canton, O.. May 24. Dr. Porteman, after a call on Mrs. McKinley this morning, issued this bulletin: "I have found Mrs. McKinley much better in every way this morning. Her heart action and circulation are bet ter. She rallied enough to ask for a drink of water this morning but im mediately lapsed into unconscious ness." Dr. Porteman added that the result is in doubt as a relapse may come at anv time and her constitution is in such a condition that she can hardly withstand a severe attack. Mrs. McKinley passed a night of rest and quiet; but at times showed indications of semiconsciousness. Un der the watchful care of four nurses special effort is made to administer every possible means for her comfort. Her attending physician did not call after 11 o'clock last night as he con sidered the condition of the patient was such that nothing more could be done than nurses would faithfully at tend to. Telegrams from all parts of the country have been pouring in to Can ton anxiously inquiring as to Mrs. Mc Kinley's condition and evincing wide spread sorrow over the announcement of her critical illness. Mrs. McKinley has been ill nearly all winter, having suffered a severe attack of grip some months ago. fol lowed later by bronchitis. The physi cians say that in her weakened condi tion shcj was an easy victim to the disease with which she was stricken. She is nearing the sixtieth anniver sary of her birthday and long has been in feeble health. Mrs. McKinley gave up knitting recently, and this was taken as an indication that her hold upon life was slight as ever since the tragic death of her husband she has found solace in knitting slippers for friends and invalids. Of late Mrs. McKinley has been obliged to keep close within doors but before that she was in the habit of taking daily walks and of riding to the cemetery with flowers to place upon the. casket that contains the body of her late husband. For several months following the death of Mr. McKinley, Mrs. McKin ley's life was despaired of. The little strength that enabled her to survive a train of crushing sorrows has been waning recently. So rapidly has been her decline that her friends have been much alarmed about her for sev eral months. Cortelyou Starts for Canton. . New . York, May 24. Secretary! George B. Cortelyou left for Canton last night upon learning of the critical illness of Mrs. McKinley,. in that city. GIRL IS MISSING. Case Against Wilbnr FenneH post poned Ten Days.' At the request of f. J. Schenck, the county attorney, and pn affidavits made by himself and Charles Lytle, the dep uty marshal of the ,city court. Judge Simon today postponed the hearing in the case Egainst Wilbur FenneH, alias Jesse James, on the charge preferred against him by Minnie Henderson. Minnie, who wants to marry the young man that has assumed the name of the noted bandit for pugilistic pur poses, is hiding out pome place as she does not want to appear against Fennel! to press the charge against him. An attachment has been out for her ar rest for about a week to compel her presence in court. According to the amaavits made by Mr. Schenck and Mr. Lytle the girl is being hidden somewhere in Pottawatomie county by relatives of Fennell and so Mr. Schenck asked for ten days in which to find her. Mr. Schenck told the court that the case against Fennell was a most meri torious one and that the' ends of jus tice would be defeated if it was not continued until the girl could be found, because without her it could not fairly be presented to court. F. J. Lynch, attorney for Fennell, protested against any further delay In the case. He said It was a hardship on his client to be kept in jail and that there was a serious question as to whether or not he was guilty of com mitting any crime. He declared that his client had nothing to do with the alleged hiding away of the complaining winess and that he had no idea where she was. Judge Simon thought that the coun ty attorney should have time to find the girl and get her into court and he adjourned the hearing until June 3. MONETT IN THE CASE. Xemesis of Standard Oil Company Will Help Tucker. Frank Monett, a former attorney gen eral of Ohio, and the Nemesis of the Standard Oil company, is in Topeka to day with H. H. Tucker of the Uncle Sam Oil refinery. Mr. Monett has been hired by Mr. Tucker to assist In the de fense of the company in the suits now pending against it in the federal courts. Mr. Monett came to Kansas at the time of the anti-Standard Oil and state oil refinery agitation two years ago. He Was instrumental in- starting a suit against the Santa Fe railway for viola tion of the antitrust laws by conspiring with the Standard Oil company. He took some testimony in that case, and had a falling out with some of the other parties interested which resulted in his withdrawal from he case. Later on the cae was dismissed. Mr. Monett gained his reputation as a lawyer by the winning fight which he made against the Standard Oil company in Ohio while he was attorney general. He was one of the original trust busters, and was one of the first who had the courage to attack the Standard Oil in the courts. NO NECKTIES FOR THEM. Dunkards IJkely to Make Them a Bar to Membership. Los Angeles, May 24. "We advise our men against the wearing of neck ties and fashionable hats, yet we do not see our way clear to make this a test of fellowship. At the same time we urge our members to guard against giving offense, according to Romans 1-19 and First Corinthians 10:32-33." This recommendation made by standing committee of the Dunkard national conference was rejected by the body of the house yesterday be cause it was not stringent enough. It is possible that the Dunkards may pass a rule before the close of the ses sion,' making the wearing -of a necktie a bar of membership. NO ACTOR'S NAME. Will lie Inscribed in the Hall of Fame litis Year. New York, May 24. No actor's name will be among those inscribed in the Hall of Fame at New York uni versity next Thursday. The vote of the jury of 9 5 electors chosen from the country at large showea. However, that Charlotte Saunders Cushman lacked but five votes of being put on one of the tablets. As she has gained 26 votes in five years, it is probable that her name mav be inscribed in 1910. Edwin For rest, the only actor mentioned, got only six votes, the same number he received five years ago. "KATY" AND "Q" Two Roads Object to. Complaints Being Heard at Kansas City. Kansas City, Mo.. May 24. Interstate Commerce Commissioner James S. Har lan, here today listened to the com piaint of George D. Hope Lumber com pany of Mineral. Kan., against the Missouri, Kansas & Texas railway, al leging that the rate on lumber from Mineral to Freeman, Mo., was exces sive compared with that to other points the rame distance. Commissioner Harlan also heard a complaint of the A. J. Poor Grain com pany of Kansas City, which alleges that an excessive rate exists on grain shipped via the Burlington railway from Marquette, Neb., to Reno, Nev., and from Marquette and Phillips, Neb., to Pacific coast terminal points. VAN SANT IS NAMED.- Topeka Man Private Secretary to Congressman Anthony. Rees Van Sant of Topeka has been appointed private secretary to the new congressman from the First district. D. R. Anthony. Mr. Van Sant is chair man of the Republican county committee. GIGANTIGJjRAFT. Conspiracy to Defraud the Goyernment Is Unearthed. Its Operation Extends Into a Number of States. WAY UP MEN INVOLVED One U. S. Senator and One Former U. S. Senator. Also One of the Wealthiest Men in the World. Chicago. May 24. A dispatch to the Tribune from Washington says: Amazing revelations of a conspiracy to defraud the United States of a mil lion dollars worth of mineral and tim ber lands will be laid before the grand juries of half a dozen states within a few days. The frauds, it is alleged, will in volve in criminal charges the names of men high in business and political cir cles. They include: One United States senator. One former United States senator. A man reputed - to be one of the wealthiest men in the world. A railroad man known from the Atlantic to the Pacific. Two of the wealthiest lumber barons in the United States. Numerous smaller fry, including railroad officials, coal operators and men at the head of fuel companies. These men, whose names for obvi ous reasons, can not be made public before the grand jury acts, it is de clared here will surely be indicted by the evidence which is now in the hands of the United States district at torneys in half a dozen western cities. These frauds, it is declared, in an official quarter, extend into a number of states, including California, Colo rado, Washington, Oregon, Idaho, Montana, Minnesota and the Dakotas. Much of the evidence in these frauds was obtained by Detective Burns, who is engaged in the municipal graft pros ecution in San Francisco and by Fran cis J. Heney, who is prosecuting the same San Francisco grafters. Upon the conclusion of their work in San Fran cisco, Attorney Heney and Detective Burns are expected to return to the government service for the prosecution of the timber and' mineral land thieves. Some of the grafters In San Francisco are also said to be implicated in the frauds. The frauds have been under investi gation by the secret agents of the in terior department for more than three years. These secret agents have un earthed startling evidence, showing that the public domain has literally been looted by corporations who have been protected and aided in their operations by United States senators and federal officials. Most of the lands acquired by the so called conspirators were timber tracts in the west, of which hundreds of thou sands of acres have been taken from the public domain. ' In some Instances ' the services of "dummy" entrymen were utilized for the purpose. In others the title was obtained through the use of lieu land scrip. ... - In obtaining the conviction of the men said to be involved, the govern ment expects to regain possession of large areas of forest land, some of which have been in the hands of lum ber operators for many years. Much of the land, it is understood, hag not yet been cut over. It is admitted by certain officials that in a number of instances the offenders will be immune from criminal prosecu tion owing to the fact that the statute of limitation will apply, but in all such cases the title to the land will revert to the government. TOOK THEIR MONEY. Santa Fe Detectives Find Two Children on Train Take All Tliey Have. Two small boys riding the blind from Kansas City to Stafford were appre hended by the Santa Fe detectives, O'Leary and Kennedy, last night. The boys were Carl Jennings and Fred Withers, both of whom were fifteen years of age. Young Jennings was on his way to Stafford where he intended to visit an uncle, and Withers was go ing with him for company.- Because of the shortage of their financial resources they chose the blind as the most eco nomical way of travel. After being ta ken up by the Santa Fe detectives their pockets were searched and $3.05 was taken from Jennings and thirty cents from Withers. After being held up by the detectives they were released. How ever, the hoys thought they had been unjustly dealt with and reported their troubles to the police. They were sent on their way rejoicing after a short con sultation with the officers.. This is a practice that has been in vogue with the Santa Fe detectives for some time and is not held in very high repute by the local officers. The regular fare between Kansas City and Topeka is only two dollars and just why the officers of the railroad are allowed to collect any more than that amount is a matter of mystery. The practice has been going on for some time and the officials of the road are known to have collected money greatly in excess of the amount of the fare. What they do with the excess fare collected is not known. Whether they are justified in collecting fares without legal process is a matter of dispute. The local officials are very much wrought up over the repeated offenses of this sort by the Santa Fe officers and are determined to put a stop to it if possible. STRIKE ON THE ERIE. AH the Machinists on the Line Are Called Out. Binghamton, N. Y., May 24. James O'Connell, president of the In ternational Association of Machinists, this afternoon called out the entire force of union machinists on the Erie railroad, about 3,000 men. At Sus quehanna, Pa., 190 men obeyed the order. The Btrike, which has been under consideration for several months, is caused by the dissatisfaction of the men over piece work. BOTH MOTORMEN DEAD. Two Trolley Cars Meet In a Headon ' Collision. Muskegeon, Mich., May 24. A pas senger car from Muskegeon on the Grand Rapids, Grand Haven and Muskegeon Interurban trolley line col lided headon early today, a few miles east of Muskegeon, with a westbound baggage and express. - Both cars were wrecked and the motormen, G. D. Beets and James Edmonds, were in stantly killed. No one else was in jured. RAIN ALL A ST, Only Small Amount Falls But It Is Welcome. Indications for More Rain Throughout the State. Light showers have fallen during the morning, the precipitation amounting to but a trace, and the' sky is heavily draped in clouds which indicate a rain at any moment and the same general condition is eaid to prevail over the state, though it is somewhat local in its nature. This locality needs a rain badlv and so uoes tne greater Dart of the state. out there is no such a thing aa a drouth prevailing in this section and the crops nave not surrerea greatly. "These local showers may or may not turn into a general rain," said the man at the weather bureau, "for there is a thou sand things to be considered. However, the indications are that the state will be visited by numerous showers which may turn into a general rain and give the state the moisture needed." The Independent Telephone company reports that light showers have fallen all over the county. The weather department bulletin for the 24 hours ending at 8 o'clock this morning, with reports from 14 stations in the state, say that cloudy weather prevails at all of these points with a trace of rain at Wichita, Sedan, Macks ville and Dresden. At Concordia .08 of an inch of rain has fallen and .04 of an inch has been recorded at Russell and Toronto. There has been but little change in temperature during the past 24 hours, notwithstanding the showers which have fallen and the heavy rains which have prevailed in western and southern Missouri.- The maximum for the state for the past 24 hours, has been 81 with a minimum of 65. Reports received at the weather department in this city at two o'clock this afternoon place all of the blame for the disturbed weather conditions of the past 24 hours on a "low" which centered over Dodge City. This condi tion has resulted in a disturbance which has extended from the Missis sippi river on the east, io the Rocky mountains on th west and has re sulted in rain and wind -storms with showers thrown in' and 'snow in Wyoming and the Dakotas. At Landers, Wyoming the mercury dropped ot 32 with a heavy fail of snow and about the same conditions prevailed at Rapid City, Dakota, while Oklahoma, Missouri and Nebraska were visited with heavy rains. The precipitation in this city amounted to barely one-hundredth of an inch though the promise of more showers tonight and Saturday is made. The temperatures as recorded by the government in Topeka today are as follows: 7 o'clock 68111 o'clock 69 8 o'clock 6912 o'clock 69 9 o'clock. ..... 70i 1 o'clock 72 10 o'clock 71 j 2 o'clock 76 Wakarusa, May 24. A light rain fell here this morning and the indications are that more will follow befbre the sun shines again. Grantville, May 24. Several slight showers have fallen during the morn ing and the clouds in the sky indicate a further precipitation. Auburn, May 24. Everything points to a good rain in this locality, several light showers having fallen during the forenoon. Berryton, May 24. Slight showers fell in this locality during'" the forenoon but more moisture Is needed. The day is cloudy and the hopes are entertained that this section will be visited by a general rain this evening or tonight. - Richland, May 24. The weather condi tions here indicate rain as the sky has been clouded since early morning and there has been a drizzling rain at inter vals. Concordia, May 24. Eight hundredths of an inch of rain has fallen here and the indications are that this section will receive a good rain before the clouds lift. Russell, May 24. Everything indicates that a general rain will visit this sec tion of the state though up to 8 o'clock this morning but four one hundredths of an inch has fallen. Wichita, May 24. The weather for the past 24 hours has been cloudy and threatening with just a trace of rain though the indications are that a general rain may begin falling at any time. Dodge v.ity. May 24. Though the weather has been heavy and threatening fcr the past 24 hous there has been no precipitation. While this part of the state is not suffering for rain a good soaker would do no damage. TORNADO AT SNYDER. Oklahoma Town Is Again Visited by a Twister. Snyder, Okla., May 24. A tornado of small proportions here early today caused some damage to property and destroyed communication with the outside country, the wind tearing down many telephone and telegraph wires and poles. There were no casualties here and as far as known there was no loss of life in the track of the tornado outside of Snyder. . Snyder is a town of about 1,000 persons on the St. Louis & San Fran cisco railway, in Kiowa county, south western Oklahoma. In May, 1905, Snyder was struck by a tornado and almost completely wiped out of exist ence, over fifty persons being killed and many injured. 0CT0PUS0N TRIAL Standard Oil Company in Court at St. Paul, Minn. A Notable Array of Lawyers on Both Sides. BILL OF EXCEPTIONS. To Be Argued In Suit Started by the Government. The Defendant Is Seeking to Narrow the Issue. St. Paul, Minn., May 24. Not since the last arguments were made in the famous Northern Securities case in the United States court here about three years ago, has there been so noted an array of lawyers as appeared in that court this morning in the case of the United States against the Standard OH company of New Jersey and its allied corporations. Judges Sanborn, Vande venter. Hook and Adams were on the bench and the matter brought up for their, consideration was a bill of ex ceptions filed by the Standard Oil com pany against the government's com plaint which seeks to have the Stand ard Oil company and its 70 other com panies, declared an unlawful combina tion in restraint of trade and to have the combination dissolved. Frank B. Kellogg, of this city, repre sents the government, and he made the principal argument. He was assisted by M. D. Purdy, assistant attorney general, , and C. B. Morrison of Chi cago. The Standard Oil company was repre sented by John T. Johnson, of Phila delphia; John G. Milburn, of New Tork, and H. S. Priest of St. Louis. The complaint which was filed a num ber of months ago in St. Louis. set8 up well known allegations against the company and goes into extensive details concerning vaiious offenses which it is alleged the company has committed. The complaint begins with the incep tion of the trust"; shows the relations which John D. Rockefeller. H. H. Rog ers and others of the Standard Oil group bore to each other prior to 1899, when the- Standard Oil company was organized as a holding company; shows how these men prior to that data held the stock of subsidiary and related com panies as trustees, and shows how in 1899, the Standard Oil company was formed as a holding company to take over the subsidiary and related com panies for the .express purpose of car rying on the methods of business which had been developed by Rockefeller.Rog ers and the others as trustees. The purpose of the Mil' of exef'ptloi.s is to narrow the isue In the w? to charges against the Standard Oil com pany which date back not further than 1S99 when the company was organized. The company filed exceptions and ob jects to all those parts of the com plaint that show the original alleged conspiracy of the Standard Oil trust which preceded the organization "of the Standard holding company. , The bill ot exceptions makes something like 50 ob jections to the complaint, the purpos of all of which is to narrow the i&sue by eliminating all parts . of the com plaint that refer to the businef meth ods of Rockefeller, Rogers and the others as trustees prior to 1899. ' The ruling of the judges on the bill of exceptions will not determine tha final outcome of the government's casa but the Judges will determine whether the complaint shall stand as filed or whether it shall be amended in any particular as demanded by the Stand ard Oil attorneys. If the decision of the judges is with the government, then the case will proceed alone the lines heretofore outlined by Mr. Kellogg, Mr. Morris and Mr. Purdy. If the conten tions set forth by Standarn Oil attor neys in the bill of exceptions are up held in any or all particulars, then it will be necessary to extend the com plaint to conform with the ruling of the court. ' - ' ' In either event the next step in the fight against the Standard Oil trust will be the taking of testimony in substan tiation of allegations set forth in tha complaint. SURPRISE IS COMING. Commerce Commission Finds Harrl- man Has Violated Xo Law. Chicago. May 24. A dispatch to the Tribune from Washington says: There is a big surprise in store for Tiiif r 1 o who have been expecting the in terstate commerce commission to rec ommend -to the attorney general, the prosecution of E. H. Harriman and his associates and the dissolution of their railway combination for violation of the Sherman antj-trust law. At a conference at the White House yesterday the fact was brought out that in the opinion of leading members of the commission no law has been vio lated by Mr. Harriman. Grav6 evils have been discovered which warrant the enactment of laws to prevent their re currence. But so far as the commis sion's investigation has established, neither the federal nor state law was broken by the financial operations con nected with the exploitation of the Chi cago & Alton, nor was there any in fringement of the law caused by the raising of dividends of Union Pacific to 10 per cent per annum in spite of the peculiar circumstance surrounding this step. The conference at the White House was between the president and Chair man Martin A. Knapp of the interstate commerce commission. The Nebraska-Kansas Meet. Lawrence, Kan., May 24. The Jay hawkers meet the Cornhuskers Satur day on McCook field with an equal chance of winning the meet as far as dope counts. The Missouri meet was doped for Missouri to win by about fif teen points but the Kansas men sprung a surprise and the Jayhawkers lost by only ten points although neither Put nam nor Russell, the two stars of the team, won a point. Weather Indications. Chicago. May 24. Forecast for Kan sas: Showers tonight; Saturday partly cloudy with showers in northeast por Uon.