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r EVERYBODY EVERYBODY 10 PAGES NEEDS IT. 10 PAGES REAPS IT. LAST EDITION. FRIDAY EVENING. 'mPEKA. KANSAS. AUGUST 2, 1907. FRIDAY EVENING. TWO CENTS BENS0NJS JUDGE. Ottawa Jurist Takes Vacancy on Supreme Bench. "Wires His Acceptance of Posi tion From 1Va.hington. GOOD 31AN FOK PLACE. Appointment Recognized as an Excellent One. New Justice Served Out Bur ton's Term as Senator. Late Thursday afternoon Governor E W. Hoch added another to his long list of good appointments, and named Alfred Wavhburn Benson of Ottawa. Franklin tounty, as justice of the Kansas supremo court, to succeed the late Adrian L. Greene. The jflfcr of the position was wired to Judge Benson in Washington, D. C. He wired back hia acceptance Thursday evening. Governor Hoch said in his mcssaee: "I want you to fill vacancy on supreme Ex-Senator A.WTBenson Newly App bench. W:ll you accept? Wire answer." To which Benson replied: "Thanking you sincerely, I will accept the appointment if male." And so it was settled, and Judge Ben ton has received at the hands of Gover nor Hoch another of the biggest offices the governor has had to bestow. First Governor Hoch appointed Benson Unit ed States senator to succeed J. R. Bur ton, which is the biggest salaried office of the state. Now he lias named Benson judge of the supreme court, which pays M.000 a year, a salary which is next In riz. to that of governor. The only possible ofcjection to Benson is that he is from the Second congres sional district, which already has one .ludcre Silas Forter on the supreme bench. Some have suggested that Judge Bensnn is too old for such a place. As a matter of fact, Judge Benson is only 64 years of age. As a man. there is none ;n Kansas who stand3 hiaher frr integ rity, legal ability and sterling character lhan A. W. Benson. Benson is a mem ber of t'.ie Congregational church, and is alsc a Mason, a member of the Knights of Honor, and of the Grand Army of the Rerublic. Senator Benson is one of the men who has had the privilege of reading his own obituary notice. This was dur ing the civil war. When Benson went into the battle of Chancellorsville, he was a private. A minie ball passed clear through him, perforating his lung, but striking no vital part. Benson's com rades saw him fall, and one of them wrcle a letter home desciibing how Ben son died. All the home newspapers wrote up Benson's obituary. But it turn ed out that Benson, after Iving on the field for a number of hours, was taken to a field hospital. The field hospital was captured later by the rebels, and after eleven dnys in the field. Benson was finally paroled by the rebels, and allowed to go home. While he was re covering from this wound, he was pro moted for gallantry in action. At the end of the war he was a major. Judge Benson, or Major Benson, as the people of Ottawa delight to call him. is the kind of attorney to whom women and children and men who were lacking in business or legal training delighted to go. He is a whole-souled, pure-hearted man, who takes pride in his honor. He gives advice freely, the kind of advice that is usually charged for. and it is said that he has handled more estates than any one man in Franklin county. Widows and their children would go to him and ask him to take charge of the estates, for they knew that he was without guile. Women in trouble would go to him for advice and it has often been told by men who knew him well that Judge Benson has saved many a family through his counsel. When he was on the bench people were eager to have him try their eases, for they knew that he would fairly adjudicate the cases and there has never been a complaint over his decisions. Sometimes. maybe. he would stretch the law a little to de cide which one was in the right but no one ever questioned the Justice of his decisions. Judge A. - W. Benson achieved a more than state wide reputation by his work In the legislature of 1905 He represented the Sixteenth district comprising a part of Franklin coun ty, in" the house. He was opposed to the bill providing, for the establish ment of a state oil refinery. He con tended that tr-e measure was uncon st'tutinnal, and the speech he made on this point was one of the best deliver ed in either branch of the legislature durinir the winter. Judge Benson has long been one of the most prominent residents of the ens-rn pnrt of Kansas. He was born In Jamestown, X. T., July 15, 184S. ifetel 'twill h In July, 1862, he enlisted in the One Hundred and Fifty-fourth New Tork volunteers, as a private, and by his earnest work and perseverance he left the army in June 1865, with the rank of major. He came to Kansas in 186, and has since been a resident of the state. He has always been a Republican in politics. In 1880 he was elected to the state senate, serv ing one term of four years. He has al so been mayor of Ottawa. - He was judge of the Fourth Judicial district for twelve years. He has always been in the lead in movements for civic righteousness. . One thing which will be Interesting to the people of Kansas, in view of the fact that Judge Benson is to be a member or tne supreme court, is that Benson has never used free railroad transportation. Kven before he went into politics, and was selected to his first office, he decided that free passes were not consistent with good public service, and he has refused to accept or use passes, as a aistrict Judge, state senator, member of the legisla ture, and finally as United States sen ator, he returned the passes which were sent to - him. He is under no obligations to the "interests" for free rides. TUG TURNS TURTLE. Traffic on the Chicago River Tied Up for an Hour. Chicago, Aug. 2. Coming into harbor with a heavy tow last night, the tug Chicago keeled over Just east of the ointed "Justice of the Supreme Court. Rush street bridge, across the Chicago river, turning turtle with four men on board. The crew grabbed boards and whatever else they could find as the vessel partly righted itself, and kept afloat until they could grab life lines thrown from the steamer Fleetwood. Captain James McGinn of Milwaukee. who is nearly 70 years old, had the nar rowest escape. He was" practically im prisoned m the pilot house when his craft went down. He climbed through the eighteen inch window while under water and was badly Injured In doing EO. The wreck was witnessed by hundreds of pas3ongers on the outbound excursion boats lying at the docks. All lake traffic was tied up for an hour. The sunken vessel lies almost di rectly across the river, practically un damaged, waiting to be pumped out. The tug was towing in the steamer Muney of the Anchor line. The tow was loaded heavily with grain and was com ing in stern first for the reason that it Is impossible to turn round except in the outer harbor. The Muncy is 350 feet long, with a 60 foot beam. C&ptaln McGinn said the Chicago was close to the stern of the Muncy, and go ing hard, trying to take it clear of an abutment. The churning of the big boat's propeller and the heavy strain on the smaller craft caused it to heel over until it took in water on the star board side. The tug tripped on the tow line and before the crew could cut the hawser it turned turtle. LOEB OWNS UP AT LAST Says It Is Planned to Send the Fleet to the Pacific Oyster Bay. Aug. 2. Secretary Loeb B1UU iuuay mat there had been no change in the plans to send the Atlantic battlesnip fleet to the Pacific and that the necessary preparations for the trip are now being made by the navy depart ment. Upon their completion and ap proval by the president the voyage will be begun when the president gives the word. Mr. Loet made this statemenc incWe-tal'y by saying that there was no foundation for the report that Secre tary Metcalf had been cr would be ask ed to resign from the cabinet because of his announcement that the fleet would be in San Francisco harbor in the near imure. jvir. joeo said thre was no rea son for criticising Secretary Metcalf ow ing to his announcement. Secretary Loeb's statement that the fleet will g to the Pacific is -regarded as significant nt being the first direct announcement to that effect from Oyster Bay. DEMANDS $10,000. Somebody Threatens Lives of Wealthy Man and Ills Sister. .,Ln,aSttr' Pa" Avs- 2. "Surrendar U0.O0O or be murdered along with your sister," was the substance of a letter received by Charles B. Grubb, one of Lancaster's wealthiest men. It was at first thought to be a joke and no atten tion was paid to it until yesterday when it was sent to Postmaster Miller. He at once expressed the belief that he knew the writing and the police are now hunting for the writer suspected, as they regard the threat as serious. The writer said he had been chosen by lot as a member of an organization. The strong forty-two," to secure from Grubb $10,000, or to take his life and that u,!, J11?1"" Mlss Daisy B. Grubb, of Philadelphia. SIGNSJFWAR. American School Teachers Re turning From the Philippines Bring Stories of the Activity of the Japanese. SKETCHES OF HARBORS And Fortifications Are Being Made at Many Points. W. C. Moyer, of Keats, Kansas, Among Home Comers. New Tork, Aug. 2. Four American school teachers who have arrived here from the Philippines via Asia and Eur ope, brought tales of the activity of the Japanese The American teachers were W. C. Moyer of Keats Kan.; C. A. Mc Kee of Indiana, Pa.; H. D. Fisher, of Hunter. Ok.; and E. M. Ellison of Greenville. Tenn. Wherever they stopped, in India or uiner jormfcn possessions, they leciar ed they found Japanese busily engaged in making sketches of fortifications and harbors MATHEWS GIRL BURIED. Only the Family and Close Friends Attended the Funeral. Kansas City, Mo., Aug. 2. The body of Miss Laura Mathews, who died from a pistol wound at Colorado Springs, arrived here today from the west and was buried in Elmwood cemetery. At the grave the dead wo man's sister, Mrs. J. W. Marshall, fainted and was carried from the scene by Charles A. Coey, of Chicago, Miss Mathews' friend. Miss Tillie Green, the nurse who had attended Miss Mathews in Colorado, wept bit terly during the services and pleaded to be left at the mound when others of the party prepared to depart. It was with difficulty that she was per suaded to return to the city. Previous to the interment brief ser vices were held in the Armour Me morial chapel at the cemetery. News paper men were excluded and those present besides the minister, the un dertaker and his assistants, included onlv Mrs. Jennie Mathews, mother of the girl; Mrs. Marshall, Miss Green Neil G. Manson. brother-in-law of Miss Mathews, his wife and Mr. Coey. The coffin was opened in the chapel and viewed by those present. There were no" flowers and as pall bearers had not been provided, the undertaker and his assistants acted In that ca pacity. . Mr. Coey will remain in Kansas City for two or three days. SENDING IN HEADS. Forces of Morocco Continue Opera, tions Against the Insurgents. Tangier, Aug. 2. Upon the request of the governing board the state bank has advanced 50.000 douros (about $100,000) to War Minister Gabbas to permit him to send troops to Casa Blanca. Almost all the French residents of Casa Blanca have arrived here on board an English ship. They report the city as surrounded by Arab horse men and the situation grave. The government commanders hav ing received no orders to suspend operations against the bandit Raisull, who is holding Caid Sir Harry Mac Lean prisoner, continue to burn the villages. They have sent the heads of several Insurgents into Tetuan. TICKETCPLETED. Oklahoma Republicans Nominate One Woman for Office. Tulsa. I. T., Aug. 2. The Repub lican state convention which adjourn ed at midnight after nominating Frank Frantz, the former rough rider, by acclamation for governor of the new state of Oklahoma, and naming candidates for the other principal of fices, met again today to finish the ticket. There are no contests. The ticket was completed by noon as follows and the convention ad journed: State superintendent of public in struction, Calvin Ballard of McAlester, I. T. State examiner and inspector, J. S. Fischer, Texas county. Labor commissioner, A. D. Murlln, Oklahoma City. Insurance commissioner, Michael Burke of Perry, Oklahoma. Clerk supreme court, J. W. Speake, Chickasha, I. T. Commissioner of charities ana cor rections. Miss Hazel Tomlinson, Till man county. WILL BE PREPARED. Mncli War Material Is Being Shipped to the Philippines. ' San Francisco, Aug. 2. Large quantities of merchandise, ammunition and . supplies of every description for use of the army in the Philippines, are being forwarded to the islands. Within the next few days four transports the Logan, Warren, Crook and Buford will sail for their des tination loaded to their full capacity with military stores. In addition they will car ry 3.000 men of the Twenty-fifth and Twenty-ninth Infantry and casuals, be sides a number of prominent officers. Of this fleet, the Warren will sail tomorrow, the Logan on August 8, the Crook on Au gust 10 and the Buford on August 15. Immunity for Taylor. Georgetown, Ky., Aug. 2. Much ex citement was caused here today follow ing a statement of States Attorney Franklin that he would offer W. S. Tay lor Immunity if he would come back to Kentucky to testify for Caleb Powers, accused of murdering Senator Goebel, and explain the pardon that was in Powers' possession when arrested. SEIZE MOKE PROPERTY. Brewery Receivers Take -Possession of Two Gas City Buildings. Pittsburg, Kan., Aug. 2. Judge S. H. Allen and Judge G. H. Whit comb, supreme brewery receivers paid a quiet visit to Pittsburg last night. They came in from Iola where they had been seizing some brewery property, and spent the-night here. They did not, so far as is known, find any more brewery property here. At Gas City they seized , the build ing now. occupied, .by Dr. si. R. Swan's drug store, and the one formerly oc cupied by Jack Kuntz's saloon, but now occupied by Wm. Engle's restau rant. These buildings will be held un til orders from the, court. HAYWOOD GOES HOME. Moyer Wanted to Stay With Pettibone in the Jell. Boise, Idaho, Aug. 2. William D. Haywood, secretary-treasurer of the Western Federation of Miners, accom panied by his family, John H. Murphy, general counsel of the federation who is dying of consumption, and several Socialist . writers who have been in Boise throughout the trial, left here on an early train today for Denver. The party is traveling by way of Salt : Lake, where tney win arrive late this afternoon. Haywood will stop for a few hours in Salt Lake to see that his mother. Mrs. Ella Carruthers, is com fortably returned to her home, and will proceed thence to Denver, arriv ing there late Saturday night or Sun day. Charles H. Moyer, president of the federation, who has been released in $25,000 bail, was also expected to leave today, but has postponed his depar ture .until tomorrow night. He, too, will go by Salt Lake and then to Colo rado Snrings and Manitou before ar riving in Denver. The fact that Haywood and Moyer did not leave together has' renewed rumors widely circulated some time ago of serious differences existing be tween the two chief officers of the fed eration. Both men denied these tories today and. declared they were circulated for the purpose of dividing the ranks of the organization. It is known, however, that Moyer has not wholly approved of the plan for a cele bration in Denver on Sunday and will have no . part in it. He believes it would be far better to wait at least until George A. Pettibone, who must remain here in jail, until his trial, is free. "It was one of the saddest things I have ever had to do," said Moyer today, "to go away and leave Pettibone in jail. . I did not wish to go at all but he insisted I could do him more good on the outside than I could in Jail. I shall return to Boise in two weeks -to look After Pettibone s inter est. I io not know when I will take uo mv duties at the Denver headquar ters. Not for some time. My health is none too good.". There is to be a readjustment of counsel for the Pettibone and Moyer trials and this fact has given rise to reports of difficulties,. among the .law yers. There were ten attorneys in the Haywood - case and not more- than three or four of these may be retained. The matter ia to be settled soon at a conference in Denver. Clarence Dar row of Chicago, and E. F. Richardson of Denver; it is said, will not be asso ciated at the next trial. There has been a disposition among counsel to criticise some of the acts of the others, but the verdict of acquittal in the Haywood case did much to allay what had grown Into decidedly sharp feel ing. 'STRIKERS ARE ARMED. Petrtella Says They Will Not Stand In terference From Sheriff. Duluth, Minn., Aug. 2. All was quiet in the Hibbing and Eveleth dis tricts on the range this morning and larger forces were at work at all the mines. Telflio Petriella, the strike leader, today sent John Makl, president of the local branch of the Western Federa tion of Miners, to Nashwauk to call a meeting of the strikers there. He says if there is any interference from Sheriff Hoolihan he is prepared to call armed men from all parts of the range to resist. Chief Madde, at Chisholm, last evening investigated the stories that the strikers were armed. He found a number of men waiting at their homes wearing cartridge belts and armed with rifles. UP TO SUPREME COURT. Validity of Frisco Grand Jury Indict ments to Be Settled. San Francisco. Cal- Aug. 2. The oues t.i -. ..niuitu nf the man v score of in dictments returned recently by the grand court o'f cTlTfornYr'ThTodoreV: mn" nf th. Pnoirir '.yn-iii,,r,o comnanv. now on trial on a charge of bribing Supervisor Loner- i nas the average man we send to the gan, filed a petititon with the supreme j iecj,jiature." court appealing to that body for a writ said- "Ths government should re ot prohibition restraining the superior j e to an coal gas and oii court and Judge Frank H. Dunne from ?na showed how they can be trying h s case . j lanas. . tn. MV.rnment so as to A similar ; appucat.u" "-uj ;ior a wn , nf rrrh hibition against juubh vjarron uook r.n hnhnir of one of the six car men in rlir-tort June 26 by the grand jury on a charge of felony alleged to have been committed In a street car riot. This de cision will apply to all six cases. The attorneys for the indicted officials of the Wnliea ranwajo aiso appeared in i i ,v. rf the nunromo i.nni. ! the filing of the Halsey petition and an- ! nounced their internum ot iiung similar briefs. , , The petitioners in praying lor the writ .' tn"t railroad companies are entitled to jailWlST c'oVT mS tJ5tatrB5u5Sn5Bw?- quash the indictments in the case of the upon the true vaiue and not upon a w a strike rioters. In his opinion Judge Cook tered capitalization and a fictitious held that the acts of the grand jury since bonded indebtedness. the new grand jury panel was drawn in f He talked about railroad accidents February last is null and void. Judge ! nnrl said: "The time has come to Cook refused at tne same time to set aside the indictments, suggesting that the whole question be passed un to the n- court. The Question v. that body, and the indicted ones do not desire mat ureir iraus oroceed until decision is rendered. Left Fortune to Her Chum. New York, Aug. 2. By the will of Miss Julia Sands Bryant, daughter of William Cullen Bryant, the poet, filed at Mineola, one-half of her estate of $500,000 Is left to her chum. Miss Anne Rebecca Fairchild. The rest goes to. the niece and nephew of Miss Bryant. CO B U R NJSSI LE NT He Won't Discuss His Boom for Governor. This May Mean That He IVill Consent. UNITE ALL FA CTIOXS. Politicians Admit That It Would Bring Uarmony. Newspapers Also Approve of the Plan. "What does Coburn say about it?" is the question which the politicians and other people are saying concerning the talk of F. D. Coburn as a compromise candidate for the Republican nomina tion for governor. Coburn, it may be stated for the in formation of the public, says very little about it which Is a good sign. It indi cates that he does not entirely reject the iea of being a candidate for governor. "I was Just thinking," said Mr. Co burn, when asked for a statement con cerning his views on the situation, "thai it might agitate some of the political leaders of the state unduly if I should come out and say: 'Yes, I have thought this thing over carefully and have de cided that I will ask the people of Kan fas to make me their chief executive, without regard to frictions, combinations or political arrangements. So I won't make any statement of that sort." Dozens of Topeka people called at Mr. Coburn's office yesterday and today to tell him they were for him for governor. Many letters are also coming in from out over the state expressing approval of the proposal that he be a candidate for governor. One of the members of the old "machine" crowd, and a very close friend of the Kelly-Mulvane fac tion, saici: "I don't like Coburn, but I can see that it would be a mighty popular thing for us to get behind him. I would much rather have Coburn than Stubbs." J. E. Caton. the well known account ant and who has been in close touch with state political affairs, and who travels about the state a great deal, said: "I heard this Coburn business talked of in a number of different places over the state before I saw it in the State Journal. It looks to me as though It would be a very popular thing for the Republican party to do." Some weelv ago Mr Caton stated that he believed W. R. ' Stubbs was gaining rapidly in strength, but he says that now there seems to be a lo?s of interest in Stubbs, and a feeling that possibly the Hornaday plan for a direct primary had better not be adopted.. Newspapers throughout the :?tate are also taking kindly to .he Coburn hoom. and are giving it favorable editorial mention. If the people of the state have anything to lay about it, the chances are that F. D.'Cob-irn will get the next Republican nomination rf-or goyernar. The Wichita Eagle, which has been a strong defender of the policy of the state board of railroad commissioners to settle everything with the railroads by compromise and moral suasion, seems to be getting a little tired. After quoting Mr. Sheppard's letter to Geo. W. Kanavel, it says: "The Eagle was inclined to regard kindly the policy of keeping out of the newspapers and doing the square thing between the railways and the public, but the above, signed by Mr. Sheppard, looks like he is getting the commis sioners into the newspapers with a vengeance. And now since the com mission is getting into the newspapers anyhow, we would suggest to the mem bers thereof that they would better stiffen up their backbones and tell the railroads a few things to do instead of making mere requests of them. S. S. Smith of Abilene has formally opened his candidacy for. congress in the Fifth district with a speech at Talmage on Thursday. He built him self a strong "reform" platform, and said in part: "I favor the nomination of candi dates for all offices from township trustee to governor of all parties on the same day by a direct primary elec tion, by a plurality vote, guarding the law with provisions that will preserve the identity of political parties. Elect all committeemen of all parties on the same day and in the same way. The law should contain a provision giving to the voter the privilege of express ing his choice for United States sena tor. The time has come for changing the' place for holding primary elec tions for United States senator from New Tork city to the prairies of Kan sas Let the people of Kansas select their candidate for the United States senate." - He took a strong position in favor of Pontine United States senators by a '. rHrect vote of the people, and said "Tne average man of Kansas has Just o nnrt a judgment as to who will vo a srood United States senator as nanu.ru '''. , '",. rnm prevent cuihuiu ....... . bing the , people oi inese communi ties iTho interstate commerce commis sion and the railroad commissioners of the different states," said Mr. Smith, should be given tne puwer urn iui- nchi tho means to ascertain the true value of railroad property, the cost of ; onerating raiiroaas. ana to mate anu reeulate rates. . Everybody concedes -.-s, laws reauiring the adoption of ! Llw !n safftv anrTliances and ! tne best knon satety appliances ana ( nresenbing strict regulations in me operations of trains." ! He said: "I favor strengthening the ; antitrust law and the rigid enforce- j merit. ' viiiiimai t' 1 wT i.'iuuj i.i j in.. .1 n d imprisonment. We can't accom plish much by fining a railroad com pany and sending a switch engine to Jail." He discussed the tariff and said: "The trusts organized in restraint of trade should be deprived of all benefit which they receive from the tariff, and I favor a thorough and Immedi- ite revision of the tariff wherever the same can be done without reducing the wages of American labor. We should have reciprocal trade relations with other countries." WIND DOES DAMAGE. Buildings and Crops Destroyed In Mc Pherson County. Lindsborg, Kan., Aug. 2. A telephone message from Marquette today states that a teriible wind storm and rain pre vailed over Marquette near the west county line last evening for a few mo ments. The wind was in the nature of a tornado but luckily hovered over the town the greater portion of the time. No one was killed or severely injured, but the home of Mr. Horeiver, a two story frame, was blown away and sev eral small buildings unroofed and blown over The Missouri Pacific depot was dam aged more by the rain than the wind. Two miles northeast of Marquette the home of Elmer Hulgren was dam aged. It is a larre dwelling and the upper floors were blown away. All the occupants escaped inlury. Three- quarters of a mile east of Marquette Charles Rand and several others were caught in the storm while returning from town in a spring wagon. The wagon was thrown up again a hedge fence and although those who were in the wagon were thrown out with considerable force none were seriously injured. The path of the hailstorm was a half mile wide and extended for several mi'.es in a northeasternly di rection. Corn and broom corn in that territory was beaten into the ground and the croy destroyed. The storm was of a local charcter and the heavy rain in other parts of the county will be a great benefit to the corn. The growing corn in the vicinity was badly injured. Marquette was destroyed by a torna do in 1905. Twenty-seven persons were killed and more than 150 injured at that time. BLACK WATCH CALLED. Famous Regiment May Be Needed to Sunoress Disorders in Belfast. Belfast, Aug. 2. The parade of the disaffected members of the local police force which was scheduled to take place today has been postponed, if not alto gether abandoned, apparently for the purpose of enabling the government to be in a position to dismiss the entire police force of the city should such drastic action become necessary. The men remain defiant and declare they will not cease agitation until they have secured a public inquiry into their alleged grievances. In an interview published in a local newspaper. Constable Barrett, who was dismissed from the force for agitation. declares that among the grievances of the men is the fact that undr 4he present "Dublin Castle system" only those men who are willing to play the part tf provocative agents can gam promotion.' Barrett - claims that the present agitation will put an end to the abominable system or manufac turing crime." The agitation is aggravated today by the threatened renewal of the coal dock ers' strike. These men recently resum ed work but today the strike leaders aver that the employers are not ob serving the compact made . with the men. . . In the meanwhile the government is drafting all available policemen in Londonderry county, and at Donegal to towns close to Belfast to be ready for any emergency. The famous black watch regiment has been transferred from the Curragh of Kildare to Dublin and is there awaiting instructions to entrain North. A detachment of the Royal artillery also is being held in readiness. MORE RAIN FALLS TODAY. It Is of the Gentle Order. and Uncertain A dark heavy lining of clouds has obscured the sky sihee early morning and a drizzling rain hardly heavier than a mist has prevailed since an hour before noon. The conditions in Topeka are much the same as those over the greater portion of the state, though the Indications are that good rains have fallen over the central and southern part. The government station at Dodge City reports .86 of an inch of pre cipitation while McPherson south and east of there reports .80 of an inch, Wichita farther south and not as far east reports .76 of an inch. Cloudy weather prevailed over the entire state at 9 o'clock this morning with everything Including the government forecast indicating a general rain for tonight and Sunday. The temperature has hobbled about but little since t morning when it stood at 65. Since then it has reached a maximum of 73 and then dropped back to 6 8 with the indications that it will go several de green lower before sundown. The temperatures today which have been those of a northern clime were: 7 o'clock 65111 o'clock .....71 8 o'clock .....68!12 o'clock 71 9 o'clock- 70 L 2 o'clock 70 10 o'clock 73) 2 o'clock 68 ATTACKS U. P. RATE. Nebraskan Sues Because He Is Cliarged Three Cents a Mile. Washington, Aug. 2. An attack was made today on the three cent a mile passenger rate of the Union Pa cific Railroad company, by Charles A. Sibley, a resident of Nebraska. Sib ley's complaint was filed with the In terstate commerce commission, and in its nature, is practically unique in the history of the commission. The -complaint alleges that the Union Pacific railroad exacts a rate of three cents 'a-mile from interstate passengers although within the limits of Nebraska, it charges a rate -of only two cents a mile. He says he travels from a point in western Nebraska through a part of Colorado, to anoth er point in Nebraska and is required to pay the three sent rate, because the railroad holds that that is inter state business. This, he asserts. Is a showing by the company of undue preference to interstate passengers and he asks the commission to fix a just maximu mpassenger rate which the company shall charge on Inter state business. INDICT JMAGILLS. Grand Jnry Charges the Clinton Banker and Wife With the Murder of the First Mrs. Magill. CONTAIN SIX COUNTS Each Indictment Is Exactly Like the Other. The Accused Parties Are Now in Jail at Clinton. Clinton, 111., Aug. 2. The gran jury which has been investigating Into the death of Mrs. Pet Magill, the first wife of Fred Magill, who with his second wife, is in Jail here, having been brought back from California to answer to the charge of having caused the death of Mrs. Pet Magill, today re turned one indictment against Magil! and one indictment against Mrs. Fay Graham Magill. Tho indictments were exactly alike, each containing six dis tinct counts. The six counts In each Indictment ara as follows: "That Mrs. Pet Magill was murdered by the administration of strychnine poison; that the murder was done by arsenic; that she was smothered with a quilt; that she was strangled to death by chloroform; that she committed sui cide as the result of a compact and agreement: that her death was caused by the defendants, by some means un known to the grand Jury." Magill and his bride of four week were in the crowded court room when the indictments were returned. They sat together inside the railing, their four attorneys around a table in front of them. While hundreds stared at them they looked straight ahead at Judge Cochrane. As soon as the Indictments were filed the prisoners were hurried out of the court room and locked in an ante-room with the sheriff's wife, where they re mained until court took a recess. As the two prisoners, escorted by tho sheriff and his wife, came out of the court house a thousand men, women and children surrounded them eager to see Magill and his wife. Several men call ed out, "Hello, Fred," to which Magill responded. B'lt neither paid much at tention to the crowd that followed In walking the five blocks to the Jail. RICHARDSON IS OUT. Clarence Dnrrow to Have Full Cbargs of Miners' Defense. - Denver, Col., Aug. 2. The News today says that Attorney E. F. Richardson of Denver, who was one of Haywood's coun sel in the famous trial at Boise, Idaho, has withdrawn from any further connec tion with the defense of officials and others of the Western Federation of Miners in suits now pending before the Idaho court3. He is quoted as saying that he will not work with Clarence 0ar row, the Chicago lawyer, associated with him in the case, any longer "The whole sum and substance of th matter is. that I can not endure Darrow's methods." said Richardson. "I do not sanction Socialism, at least not when It Is coupled with the trying of a legal suit, especially when that case is a murder case and means a man's life. Darrow's closing speech in the Haywood trial was rank. It was enough to hang any man regardless of his innocence or guilt." The News says that advices from Boise. Idaho, received last night are to the ef fect that. Attorneys Richardson and Nu gent had been dropped from further con nection with the remaining cases and that Darrow had been given charge. THEIR EARS CUT OFF. Two Dead Bodies Found Nenr Okla hoina City Within a Week. Oklahoma City, Aug. 2. With ears hacked from the head, the trunk and one arm pierced with four bullets, the teeth knocked out," the mouth bruised and clotted blood formed upon the lips the body of Wilbur Uunreth, a barber who is supposed to have come to Okla homa City a short time ago from Semi nole. I. T.. Was found at 3 o'clock yesterday-afternoon three miles west of the city on the Tenth street road by G. F. Appiegate, a farmer living near where the body was discovered. This is the second body that has been found near Oklahoma City within the last week with the ears cut off and the police are working on the theory that a secret society, formed to wreak horrible vengeance on its enemies is operating in and near Oklahoma City. A brother, Charles Gunreth, 635 Kant Sixty-third street, - Chicago, has been notified. BOTH SIDES APPEAL. An Opinion Handed Down In the Presbyterian Church Case. Fayettevllle, Tenn., Aug. ' 2. In his opinion delivered here yesterday in the Presbyterian ehvrch case between the Unioniats and the anti-Unionists, in volving the right of possession in the property of the Cumberland Presbyter ian church. Chancellor Walter Bear Jen held that the "Union" was valid, and In substantial conformity to the church constitutions, but decreed that' under the deeds conveying the property to the trustees cf the several churches, the bill of the "Unionists" asking for exclu sive possession In the name of tha United church must be dismissed. Both sides appealed. The court refused to enter Into the merits or demerits of the various ee cles'iastical quetions Killed In the Paola Yards. Paola, Kan., Aug. 2. Joe Tapla, of Mosatland Sinolou, Mex., who was run over in the Missouri Pacific yarda Wednesday night, died Thursday. Ha will be buried here in the. Catholic cemetery. Weather Indications. Chicago, Aug. 2. Forecast for Kan sas: Showers tonight; Saturday showers and warmer.