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The Omaha Daily Bee.
SUBSCRIBERS Filling ! f T ra"Hrl sr arompfir ihovH ttport fo 'Phone 897. WHAT'S WANTED? Cti It r Inttrttng a iWt Wtnl Hi hi Tftt Bet'l tliitfflti f rerffisg c nmfii. ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNING, OCTOBER 10, 11)03 TEN PAGES. SINGLE COPY THREE CENTS. RAMSEY LOSES CASE Federal Canrt Befnsei Injunction liked Denoted Wabash Preiident . I J; ay-ntm s GOULD LINES MAY VOTE THEIR STOCK h mmMmm ' Judge Finds that Plaintiff Doei flotUm Inta Canrt with Clean Hands. STATE LAW FREQUENTLY VIOLATE Ramiey Often Did Sam Acta He Beeki to Pretent Others from Deing. ELECTION TAKES PLACE IN TOLEDO TO AY Earh Leader, with Hla Legal Ad rluri and Supporters. Awaited MerUlon In the Ohio City. cT. LOUIS, Oct. 9. m the 8t. Louis cir cuit court today Judge Daniel O. Taylor oenlfd the application ot Joseph Ramsey, jr., deposed president of the Wabash rail road, for an Injunction to restrain the Missouri pacific and Iron Mountain road for their trustees from vot'ng Wabash took held by or for those railroads In the annual Wabash election to be held in Toledo tomorrow. News of the decision waa telegraphed at once to Toledo, where George J. Gould and hla supporters and Joseph Ramsey and his personal advisers are awaiting the deri sion. The failure of the injunction suit which, If successful, would have tied up a large block of Gould stock, la regarded as a most Important victory tor the Gould interesta. Judge Taylor'a decision In part follows: It appeara from the plaintiff a verified bill and the verified returns f such of the defendants as have been served In this case and the evidence adduced upon the bearing for a preliminary Injunction, that the plaintiff ,1s a minority stockholder of the Wabash Railroad company, that the Missouri Pacific Railway company Is the beneficiary owner of 2,u0f shares of the Stock of the Wabash Railroad company, which are now registered upon the stock booka of the Wabash Railroad company In the name of H. M. W;alker, under an In strument of pledge given to secure certain onugauona 01 tne Missouri lacnic niiwjr . company, held by persons who are stran gers In this suit: that the St. Louts, Iron Mountali & Southern Railway company, practically all the shares of which are owned by the Missouri Pacific Railway company, has an interest In $6,O,i10 of the debenture bonds of the Wabash com- fan, which are In the possession of and egistered on the books of the Wabash company in the name of the Mercantile TruAt company of New York, under the terms of Wabash company's unifying and refunding .norlgtrge, ami owna t&.wii shares of the preferred slock of the Wabash com pany, which are In the name of George Gould arid W, L. Wilson; that George Gould Is the -chief executive officer of all three of defendant railroad companies, and that the board of directors of all three of them are composed largely of the same persons, while the principal active officers of flie Iron Mountain and Missouri Pacific companies are practically the same, and at the last meeting of the stockholders of the Wabash company, held In Oclolier, 1804, tlie pliilntlft, holding proxies and reproaent infrlMisaaHrJi Nutria and iron Mountain n.n.jmnlee "bntritugs in the Wabash, com pany, as well aa those nf others, cast all ' of the b'tliots at the meeting and elected toe entire' present board of directors of the Wabash company. ' : it also appears that while the defendant Wabash company and the Missouri Racine company have lines extending through various parts of tle United States; that both of them have Missouri charters and the most important , portions of their Mis souri lines are those extending across the state of Missouri from' St.- lxmls to Kan sas City and from Kansas City to 6t. Louis. A lie Kes Lines Should Compete. The plaintiff complains that the Wabash company and the Missouri Pacific company are parallel and competing lines within I lie meaning of the provisions of section 17, article xll of the constitution of Missouri and of section 112 of the Missouri statutes, and hence that tile holding of tnese securi ties of the Wabash Railroad company by the Missouri Racine company Is Illegal and that Inasmuch as tho Missouri Pucllic com pany owns and controls nil of the stock of the lion Moiintniu company: that the holding of the Wabash by the Iron Moun- Itl 111 i.TtJllllCill J im iiiCfA'U wt autre mm tan- not be done Indirectly which cannot be done directly, and seeks by his hill filed herein to enjoin the voting of these secun- ties at the meeting of tne Wabash coin- pny tq be held October W upon the (round that they are Illegally owned and will be voted so as to effectuate a p irpose to stifle competition between the Missouri Pacific and Wabash companies in Missouri through the operation of these two com peting lines under one control and in com bination, and that lie, as, a stockholder in the Wabash company, will be irjured thereby. All of the defendants who have appeared or been served disavow such Illegal pur pose and attack the good fp.lth of the !4ainttrf's application. The court finds the record In this case so -niet with evidence pf violations of the provisions of co. tai i of the Missouri laws iiuiuki for the pro tection of the public thai It has been loath to reach the conclusions herein expressed. Ramsey's Hands Sot Clean. The record developa the fact that at the t Immi dnniwl election of the Wabash Rall- rnea company tne planum, riauisey. nuiu- ing the proxies of the then and now owners Ol uirvu vny inuiri ui biui, inn vuiiiiB "l ' which he now seeks to nave enjoined, voted all of them for the election of the very per sona whom he now charges will, If elected, so conduct the property of the Wabash road as to not only violate the provisions of the laws ot Missouri, but will also so conduct the same as to Injure him. 1 am of the view that this action of plulntlfT a la sufficient to compel the court to deny him the relief which he seeks In the absence of proof showing that something has trans pired since tha time of such voting of thla stock by him which would Indicate that tho purposes ot those Who will l.o elected bv the voting of this stock at the meeting to be held ou October 10 will be different ironi those ot the persons elected bv the yialntlff. ... t . . .receive her. During the Journey she re- The order will therefore be that the rule ' ,lv,rt rr-.tlnirs r.f welcome t th -heretofore made upon the defendants to I c,ve1 greetings or welcome at the prln show cause why a preliminary Injunction ' clpal stations. At I tsunomiya she was met should not tw Issued will be vacated and plaintiff a application lor a temporary In- Junction denied. The Junior member of the tlrm of Leu- mann Lehmann. counsel for Ramsey. In conducting the petition for injunction made the following statement; We have rtothlng to say regarding the decision. If the sliarea of slock held by the Missouri Pad nc and iron Mountain Rail way companies are Illegally held, as the court iuttinated ill the decision, and the voting of those shares determines (he re sult of the election at Toledo, then there Is nothing to prevent the state of Missouri or a stockholder in the Wabash company who objects to the voting of this stock and who haa not himself acquiesced In the holding ot the slock in the past from at tacking the validity of the election. KLECTION TODAY AT TOLEDO Mr. Ramsey Withdraws Application for Mr mora I of Inspectors. TOLEDO. O., Oct. I George J. Gould arrived in Toledo late this afternoon, ready for tha annual meeting of the Wabash railroad, which is to be held tomorrow. Joseph Ramsey, Jr., ex-president of tho road, the former friend and prsMiit an tagonist of Mr. Gould, Is also on the ground prepared to fight for the conUol of the Wabauh system. With Mr. Gouid came Wlnslow 8. Pierce, a director of Uie Wabash and air. Gould's legal adviserj Kdgkr T. Welles, and Coloiml W. H. Blo.1 ti, vice presidents of tha system, and K. T. Jtffray, preaident of the Denver A MOSCOW STRIKE CONTINUES Large Details of Soldiers aad roller PrnrT Com pant I rely Good Order. 108COW, Oct. 9. -After the exciting -'nts of the lait three days, today passed tranqullty. The strike th bakers, printer and carmen con- - . a j j i a .. u tl.Ai.t.Ual ,eohan,.g. Two Iarse .-atherings of the ft irlkers were held In the open air, at fhlch red flags were waved, but other vise the proceeding were orderly and the ;nanlfestants dispersed of their own ac cord. There were no collisions with the troops arid the feeling was much lesa tense. All the atorea except the Phllllppoff bakery were open. Traffic was resumed on all the streets with the exception of the Tverskol boule vard, the center of the previous disorders, which was closed with troops and police at nil the Intersecting streets. Detach ments of Cossacks, dragoons and mounted police patrolled this place and kept the crowds moving. Infantrymen and cavalry were held under arms in the court yarda of the pollco stations in various quarters of the city. The non-appearance of the newspapers, resulting In a lark of authentic informa tion, furnished a field for many alarming rumors. Among these rumors was one to the effect that there had been a collision between the troops and the mob, In which fen persons, variously reported as Cos sacks, police or civilians, were killed. This rumor has been authoritatively denied. It was also reported that artillery had been posted In front of the palace of Governor General Durnovo for the purpose of de fending it against anticipated attacks. A meeting of workmen held during the day sent a deputation to the chief of police to ask permission for the holding of a mass meeting to discuss questions relating to the strike. Notwithstanding that this request was refused, a crowd of 2,000 persons assembled at 8 o'clock this evening in the presence of strong detach ments of Cossacks and other troops and resolved to continue the strike until all the employers had granted the strikers' demands. The meeting then dispersed, voting to'reassemble tomorrow. The number of persons wounded In the previous disorders has not been definitely established, but It Is believed to be about 100, of which number twenty-flve are po lice or soldiers. One policeman has died of his wounds and several others, Includ ing officers, are suffering from serious in juries. Two hundred strikers were arrested at the Philllppotr bakery Sunday and taken to the court yard of police headquarters, where they were severely beaten before being released. None of the bakery strik ers were killed. Tho strike of the bakers has caused aharji rise in the price of bread and the supply is sufficient only for two days. The railroad employes are threatening to Join the ranks of the atrikera. ST. PETERSBURG, Oct. .-General Tro poff, assistant minister of the Interior, haa been Informed by telephone from Afoscow that no serious disorders occurred there last night and that the situation waa sllgtly mora reassuring thla morning. The strike la spreading, however, and the authorities evidently are very apprehen sive. They are hopeful, However, that the St. Petersburg workmen will not. be af fected. A serious development at Moscow today was an attempt to Interrupt railroad com munication. The rails were tampered with a short distance from Moscow, causing the derailment of a train, but there were no casualties. The ministry of the Interior admlta that three Cossack policemen were killed yee terday, but haa no confirmation of a dis patch received by the Rusa from Moscow saying that eight bakers were killed In an affray at a bakery, and are Inclined to question Its accuracy, saying that their udvlccs do not mention audi an event, and pointing out that It Is hardly possible for troops firing volleys from a narrow street to Injure strikers stoning them from the fourth story-windows. The report telegraphed to the Rusa that i . . . . . . ... el,,t lkers were killed at Moscow yes- terday turns out to be Incorrect. The maln streets and squares of Moscow are , . . ,. ,, , occupied by police, as well as by two regiments of grenadiers, a aquadron of dragoons and eight squadrona of Cossacks, The throwing of bombs at the troopa at Tlflls yesterday evening, which resulted In the soldiers firing on the people, appeara to have been the outcome of a deliberately organized plot. . Ten bombs were thrown simultaneously in the vicinity of three barracks In widely separated quarters of the city Shots also were fired at the sol diers as they rushed out of the barracks, but the loss of life was confined to one Cossack and one bomb thrower. In addi tion twenty persons were wounded. The report that martial law has been declared at Moscow is authoritatively de- j iiicu. iu ujn'.uruancci were reported at Moscow today up to 6 o'clock In the after- noon. RECEPTIONS F0R AMERICANS Japanese Will Entertain Mlaa Roose velt aad E. H. llarrlmaa at Toklo. TOKIO, Oct. 9. Noon-Misa Alice Roose velt waa given an enthusiastic reception I ' Nlkko. Nearly all of the prominent i families were represented at the station to I by the governor and delegates from the Ladies- Patriotic league, who presented .,,. I morrow. October 10. i hla artistic real- 1 dence In honor of Mr. E. H. Harrlman. president oi the Southern Pacific company. ine guests will include the leading society people and business men of the city. NORWAY AFFIRMS AGREEMENT ktorthlaa- by aa ernkrlnisg Majority Ratifies the Treaty I of Karlstad. CHRI8TINAIA, Norway. Oct. 10. After two days spent in excited discussion, the Storthing at 1:30 o'closk this morning pro ceeded to a division on the proposal of the republican minority to submit the Karl- stad agreement concerning the dissolution of the union between Norway and Sweden to a referendum. The proposal waa rejected by a vote of 100 to 8. The agreement waa then ac cepted by a vote of 101 to 11 This Is a great victory for th egovern niect Earthquake In Italy. MONTELKON. Italy, Oct. .-A strong earthquake shock was felt here last night and caused a panic among the Inhabitants, who are tittll suffering from the terror and privation raaulUnjC from the last catas- tlGIlH-FDUR INDICTMENTS Grand Jorj Tnrna in Aaother Batch of Chargea Againat Dougherty. ALLEGE FORGERY AND EMBEZZLEMENT Peoria Ranker-Educator Loses Hla Orasea Front aad Shows First Signs of Col lapse, TEORiA, 111., Oct. .-6hortly before I o'clock this afternoon the grand Jury re ported eighty-four Indictments against Newton C. Dougherty In addition to the thirteen already found. Forty-five of these are for forgery, each containing eight counts. Thirty-nine are for embeaslement, each containing six counts. The amounta involved are from 14.40 to $600. Bonds are fixed In the sum of $1,000 on each indictment for forgery and for $WW on each for embezxlement, making a total of .JM.6O0. Joseph Weil, Dougherty's attorney, an nounced that he would appear in court of his own accord. The grand Jury l not yet through and It is expected by the end of the week in dictments wll be returned Implicating other Feorlnns. It 1 said on good authority' that Dough erty will not confess, but that ha will plead not guilty and put up a defense of Insanity being caused by a fall from a horse some years ago. Dougherty showed the first slsma of col lapse today. For the first time he remained at his home this morning. He has lost the brazen front which has been main tained throughout the last week. Newton C-. Dougherty tonight drove to the county Jail and delivered himself Into the custody of the sheriff. He was locked In a cell. Interview with Doaa-herty. CHICAGO, Oct. 9. A special to the Dally KNews from Peoria says: "If I have done a wrong," Dougherty said to the News correspondent, "I suppose I ought to be punished for It." "Do you ascribe your present prosecution to any political Influence?" he was asked. "No, I cannot," he answered. "It can be ascribed to the wave of reform which seems to be sweeping over the country. It Is shown In the Investigation of the life In surance companies, In the Milwaukee graft investigation and similar Investigations In other cities, and In some Instances these investigations have accomplshed a great deal of good.." , Reverting to hla dealings with the Peoria National bank Dougherty declared that he bad no personal knowledge of the bank's affairs. Dougherty, It would appear, waa prac tically a "dummy" president. As the head of the bank Institution he received a nomi nal salary, less than $1,000 a year. He merely attended the directors' meetings and concurred in anything hla fellow officers placed before him for approval. "I am a teacher and not a banker," was the way he expressed his position, "and I left the management of the bank la the hands tf the experienced men."- ' . .. It may be said that the ecperienee as a banker of one of the other officials was limited to the management of a Jewelry store In Qulncy before hla connection with the bank. "I took the position of president under protest," declared Dougherty, "Just because there was no one else to take It. I did not want It." Deposit to Cover Errors. "It la aald that the $186,000 In securities which you hare put up to cover the short ages In the school fund will not prove worth their face value, Mr. Dougherty. Do you wish to make a statement in reference to that?" "Don't call It shortages. No, rather any errora that may be found In the school funds. That Is what I put these securities up for and they will be found all right," he said. Dougherty waa asked to make an ex planation of the charges made by the grand Jury involving the school funds transac tions. "Oh, I suppose there are errors. I am not a bookkeeper but a teacher and know nothing of bookkeeping. It la possible that many errora will be found." "Did not the school board keep a regular set of books, seeing the expenditures were $300,000 to $400,000 a year?" "No, it had no need of books. It received moneys from three sources taxes, state appropriations and rents. These moneys were divided about equally between the Central National bank and the Peoria Na tional. , The various boards passed and approved bills and they were paid from this fund. The Peoria National paid all the checks and drew on the Central National when It needed .more money. That Is all the bookkeeping there was to the school fund." It is estimated now that the shortages In the school fund amounted to an average , , . of $40,000 a year for most of the twenty seven yeara of Dougherty'a management of the school fund affairs. It ia believed the total will reach $750,000. The money Is supposed to have beep lost largely in a slump in steel stock and in western mining ventures. MONK GIBS0N IS CAUGHT Texas Rearm Aceased of Marder Is In Jail SarroandVd by Mllltla. HOL 1 Tex ct- -Monk Gibson. the negro accused of complicity in the mur der of the Conditt family at Edna, haa been P"rel lodged in the Edna Jail, I The trooP" ,nt by the tovernor are still quartered at Edna and Glbaon will escape mob vlolenoe. He was discovered sleep ing in an outhouse by Walter Warren, col ored. Warren notified the sheriff, who with the mllltla lodged the fugitive In Jail. JUDGE . CALHOUN RETURNS Special Commissioner to Venesaela Will Go to Washington to Make Report. NEW YORK. Oct. . Judge W. J. Cal houn, who went to Venezuela several months ago as a special commissioner rep resenting the United States government. i returned to New York today on the steamer Caracas. He will go to Washing ton today. FUGITIVES ARE AT SAVANNAH Greene and Garner Reach Place Where They Are to Be Tried. SAVANNAH, Ga Oct . -John F. Gay. nor and B. D. Greene, the men who fought extradition - to the United States from Canada for so many yeara. arrived here today. The prisoners were at once taken iie Jail by United ft (a us MiU4 W&Ue. ELECTED TO HALL OF FAMEjPAT CROWE IN CITY JAlL Tablets Will lie Ererted to the Memory of U'hlttler, Lowell and aherntaa. NEW YORK, Oct. 9.-The votes In the second election for the hall of fame wer canvassed today. Only three names were chosen to receive tablets In the five classes In which the canvassing waa completed with those of John Greenleaf Whltticr and James Russell Lowell on the class of au thors and that of General William T. Sher man In the clasa of soldiers. The Elections will continue tomorrow. Those which failed of election to tha hall of fame, having reci'.ved- less than fifty-one votes, were: Authors Oliver Wendell Holmes and James Fenlmore Cooper, 48 votes each; William Cullen Bryant, John L.' Motley and Krancla Parkman. 4 each; Edgar Al lan Poe, 43; George Bancroft, fS; Horace Greelev, 34- Noah Webster, 3i; William II. Prescott. 25; William Lloyd Garrison, 20. Teachers Mark Hopkins, 38; Matthew Blmjpson, 29. The hall of fame waa opened at Univer sity Heights five years ago, at which time twenty-nine tablets were unveiled, dedi cated to the following: Kmereon, Longfel low, Irving. Hawthorne.. Edwards, Horace Mann, Beecher, Chaining, Fulton. Morse, Whlttler, Audubon, Gray Grant, Farragut, Lee, Washington, Lincoln, Webster, Frank lin, Jefferson, Clay, John' Adams, Marshall, Kent, Storey, Peabody, .fltuart and Peter Cooper. ... A new building is to e erected In the near future to form art adddltlon to the present hall of fame, -trtilch will be de voted to women and fofelgn-born Ameri cans. The names of thftae to be honored by tablets In thla new1 building, the ground with those elected to be added to the groupa In the old building, will be announced to morrow. WESTERN INDEMNITY FIGHT Report that Lawyers Had Aarreed to Compromise Denied by Policy Holders' Committee. CHICAGO, Oct. .Lawyers Interested In the struggle over the management of the Western Life Indemnity company will meet again tomorrow before Judge Kohlsaat in the United States circuit court and con tinue the argument on the demurrer to the bill of complaints filed by three of the policy holders, charging E. X. Rosenfeld and other officials of the company with fraud. It had been recommended laet weekday, Besides the crew from the police by Judge Kohlsaat, after the adjournment of court several days ago, that the lawyers "get together" and settle the controversy out of court, so that the best interests of the policy holders In the company be con served. Reports were Circulated that this had been accomplished and that Judge Kohlsaat would be asked to alt aa an um pire unofficially and settle the matter. A statement haa been Issued, however, to all policyholders by the pollcyholdera commit tee denying these reports and asking that proxies he sent In to oust the present of ficials from office. ; ARGUING THE PACKERS' CASES Attorney for Chleaao - Elen Talks In Favor of Dlfmlaalngj Gov-' ernment Chararea. . CHICAGO, Oct 9. Argumenta agc.tnst the indictment of the packers charged with conspiracy to monopolize the meat trade of the country were begun today before Federal Judge J. Otis Humphrey. Attorney John 8. Miller, counsel for the defendants, opened the arguments, using the demurrer used last Friday aa a basis. When Attorney Miller completed his ar gument Special Assistant Attorney General E. Pagln made a short argument on the merits of the indictment which he drew. He waa followed by Attorney Rosenthal for the packera, who argued until adjournment. Tomorrow morning Attorney Rosenthal will resume his argumenta and will be fol lowed by District Attorney C. B. Morri son. It is believed tonight that all the arguments will be completed tomorrow and the whole matter will be submitted to Judge Humphrey for a decision. HUGHES DECLINES THE PLACE Counsel for Insnrance Committee Will 3ot Ran for Mayor of New York. NEW YORK, Oct. 9Charlea E. Kughea, counsel for the Insurance Investigating oora mlttee, today declined the republican nomi nation for mayor of New York. In stating his grounds for refusing the nomination which was tendered him by un animoua vote. Mr. Hughes said: In this dilemma I have slmolv to do my duty as I see it. In my Judgment I have no right to accept the nomination. A paramount public duty forbids it. It is not necessary to enlarge upon the Importance of the Insurance Investigation. It la undisputed. The dealing of questions vital to the interests of millions of our ,le" mrougnoui tne lanu J presents an opportunity for public aervice fellow citizens throughout the land second to none and Involves a co-relative responsibility. This work commands all my energies, it is imperative that l con tinue in it. You have frankly recognised that it must continue unembarrassed and with unimpaired efficiency. But it la en tirely clear to me that thla cAn not be if 1 accept the nomination. TWO PEOPLE FOUND DEAD Territory school Teacher Hilled by Her Lover, Who Commits suicide. HASKELL. I. T., Oct. 9.-The bodies of Miss Margaret Lindsay, a school teacher, and Joseph B. Buelah, a barber, were found today In the road three miles north of Haskell. There were marks of violence on the bodies and a revolver waa found near the scene. The couple wore last seen alive on Sunday evening when they drove out of Haskell In a buggy. The woman taught at the Bluff county school near Haskell. Beulah lived at Bixby. Later developmenta made it apparent that Buelah had murdered the woman and then committed suicide. Both bad been shot In the breast, the bullets In each case barely missing the heart There were pow der marks on Buelah's body indicating that he had held the revolver close to his breast when he shot himself. LAST WEEK 0F EXPOSITION success of Lewie and tlark Centra . nlal surpasses Expectation of Friends. I PORTLAND. Ore., Oct. 9 -This week will mark the close of ihe Lewis and Clark ex position after a successful career, not anticli ated by een the most enthusiastic supporters of the project. Before the clos ing day is over the fair will have recorded an attendance of practically 2.2Ui.OiiO per sons, which, considering the fact that the combined population of the old Oregon territory is hardly equai U that number, abupat phenomenal, Kotorioua fugitive Finally Caged j tha tjoeal Polioe. LOOKS WELL AND TALKS QUITE FREELY Trnth will Come Out at llta Trial, He Says, and Declines to Disease the Cudahy Affair at Present. At Just 8.45 o'clock last evening Desk Sergeant Havey of the police atatlon, Elev enth and Dodge streets, had occasion to book a prisoner who gave hla name aa Patrick Crowe; address, Omaha; occupa tion that of a butcher and age $6 yeara. The man was charged with shooting w.itli Intent to kill and wound, the more specific charge, aa contained In tha complaint filed against him, being that of shooting Patrol man Albert H. Jackson on the 6th day of laet month at Sixteenth and Center atreeta. So far as mere formalities went Crowe waa treated aa any prisoner who might come under the Jurisdiction of the police, but from point of general Interest he enlisted more interest than any prisoner booked at the city Jail for years. Pat Crowe arrived In Omaha last even ing at S:26 on Union Pacific . train No. from Butte. Mont., securely handcuffed to Detective Henry Hellfeldt of the Omaha detective force. Anticipating a Jarge crowd of curious people at the Union atatlon Chief of Police Donahue detailed a cordon of twelve policemen In uniform and a number of plain clothes men, to guard against any eventualities and to make an aisle for the prisoner from the train to the patrol wagon In waiting at the north end of the Union station. Several thou sand citizens congregated at the station and as the notorious alleged kidnaper was marched down the aisle of curloua facea quite a number ventured ' to give what might be termed a cheer. Crowe took cognizance of the reception by scanning the small sea of faces and smiling. Hurried Away to Jail. Crowe was hastened to the patrol wagon without any delay. 'As the crowd tried to run after the wagon Driver Murphy whipped up the horses and In a Jtffy the wagon waa at the police station In the same manner aa happens many times every station and the noted prisoner were Cap tain Dunn, Detective Heltfeldt and a num ber of newspaper correspondents. On the way to the police station Crowe sat ne tween a reporter and Detective Heltfeldt and chatted cheerfully along the way. He noted keenly every little Incident and gave no evidence of nervousness of any kind. The prisoner entted the office of the police station handcuffed to Detective Helt feldt. who was appointed aa custodian of the prisoner by the governor of Montana. Captain Dunn unlocked the cuffs and then Crowe and Chief , Donahtfe shook hands. In an Instant Crowe recognized ' Special Agent Vlzzard of the Union Paciflc and greeted him cordially. The third person to be greeted by Crowe was Ben Keegan, a-n old Omaha ft tend". - '" -v " - Aa the- handcuffs' were slipped from Crowe's hand he gave vent t a small sigh and remarked: "This is quite a relief." Then Sergeant Havey booked the prisoner In the most matter-of-fact way and he-waa assigned to cell No. , one of the large cells of the city Jail. Appetite Still Good "What do you want for supper T" was asked by Captain Dunn, Pat'a order was: Rare porterhouse ateak, German fried potatoes, coffee with cream and augar, and desert, all of which waa sent in a few minutes from a restaurant Chief of Police Donahue did not go to the Union station, but remained at the police atatlon for the coming of the much looked for prisoner. When the prisoner had been booked and shown his cell the chief Issued strict orders that no one be allowed to see Crowe during the evening, except newspaper men, and only then on condition that Crowe expressed a willing ness to see them. Mr. Crowe greeted a representative from The Bee most cordially and was frank to say that of all tho papers he had read in recent years The Bee had treated him with the most fairness. "When my case comes to trial," he aaid. the truth will come out. God will take care of me; He takes care of everyone and He makes no mistakes. It Is not so much for my personal liberty that I am con cerned, but rather to return to the old honest life I led in Omaha many years ago. Why, I worked for my board at Thirtieth and Farnam atreeta for Henry Honeff years ago and lead a life that waa really honest." Declines to Discuss Cane, Asked whether he wished to make any statement regarding the Cudahy affair, Mr, Crowe aald he positively would not at thla time. Regarding hla movements during the last Ave yeara Crowe would not talk, but when asked by the desk sergeant what his occu patlon waa he aald, faoetloualy, "Dodging the policemen for Ave years." In regard to hla brother Anthony, re ported to have been In league with htm a Butte, Crowe said he had not seen that brother for Ave years and did not know anything of the reported effort of the brother to raise money for the defense In Omaha. Appearance of the Prisoner. "It haa not been due to my brains that have not been caught, but rather to m appearance," aald Crowe last evening. And the man's general appearances do not be He hla own statement. He is one of the last men the average person would pick out as being the alleged kidnaper who has been written about for years all over the civil Ized world. He aald last evening he is U and he looks no older. He has a full face and a smile that would win confidence any where. The telegraphic reports that he has a ministerial appearance were not at all exaggerated. The man'a language la careful and hla voice la sort. He arrived last even Ing In a new suit of clothes and overcoat, Crowe expects to engage counsel today, As for his preliminary hearing In police court, that remalna for the county attorney, but the impression is that the matter will be expedited as much aa possible. As for the trip home. Captain Dunn and Detective Heltfeldt have nothing of special Interest to relate aside from saying that the train attracted general interest all along the way. Crowe waa bound In some manner to Detective Hellfeldt ail the way from Butte to Omaha. It la coincidence that the last and only previous time Crone was booked at ire Omaha police station was by Sergeant Havey. who registered the prisoner last evenlng. The other occasion rat about fifteen yeara ago. when Crowe had a meat market at Fifteenth and Davenport atreeta. Another coincidence la that Detective Helt feldt, who had the custody of the prisoner, . tfvoUpua.d on tnlltl flfij- I NEBRASKA WEATHER FORECAST Pair Tnesday. Wednesday Fair and Cooler. Temperatnre at Omaha Yesterday! Hour Deav . nit . R.I . fix . RO . 4 . 4 . . 4 Hoar. 1 P. a p. a p. 4 p. R p. p. T P. P. p. Deer. K a. m a. m T a. m. . . . , a a. in A a. m lO a. m 4T 4T 4t 4 RO RO RO 41) 40 11 a la m STUDENTS HGHT, FLAMES Classmen Save Balldlasr of the Inl verslty of California front Destreetloti. BERKELEY, Cal.. Oct. .-A fierce fire swept over the Berkeley hills behind the University of California today and had It not been for the heroic work of 1.000 atu dents from the university and for the efforts of the Berkeley fire department assisted by hundreds of citizens the prop erty to the east would have been destroyed. The flames were first discovered In Straw berry canyon at 11 o'clock. Fanned by a north gale that blew all day the great sheet of flames swept the hillside and bore down toward the university buildings. Seeing the danger. President Wheeler dismissed the student cadets. The cadets were as sembled on the campus for drill, and Pres ident Wheeler called upon them to fight the flames, president Wheeler himself led the students, and hatless and costless they fought the flames with wet sacks until late thla afternoon,' not even stopping for dinner. Many students had narrow escapes from the flames. Prentiss 8. Grey, presi dent of the student body; Ray Gabhert, editor of the Blue and Gold, and Ray Elliott, a foot ball player at the head of one division, were cut off by a circle of fire and compelled to wrap themeelvea In wet aacks to save their lives. Others, In cluding many professors, were scorched and burned. By 8 o'clock tonight the flames were well under control though still burning. The Are, which Is headed east toward the Pied mont, district, haa burned over three miles of territory. A guard of students will re main on the hillside tonight to prevent spread of the Are. DUNNE'S PLAN IS REJECTED Chlcasro Council Votes Down Contract Scheme for Acquiring the City Railways. CHICAGO. Oct. .-Mayor Edward F. Dunne placed hla "contract" plan for mu nicipal ownership before the city council tonight and It was defeated by a vote of 4fi to 18. The plan provided for the organ ization of a corporation and the Issuance of certificates under what la known aa the Mueller law. Out of the sale of these certificates the first ninety miles of street railways was to be constructed, paralleling existing lines. It la expected that the mayor will now abandon this plan and bring In Ita place hla alternative or "city plan." This con templates the acquirement by purchase or condemnation .at all the Ur.es . of the ex isting street car companies. HARRIMAN IS REACHING OUT Portland Hears that He Has Option on Independent Oregon . ' Line. PORTLAND, Ore.. Oct. 9. According to the Oregonlan today, E. H. Harrlman haa been given an opport option on the Astoria Columbia River railroad, and It will be decided within the next thirty days whether the road will be purchased by him or not. The price Is said to be $40,000 per mile. The Astoria & Columbia River road ex tends from Doble, a point forty mllea north of this city, to the Pacific ocean, a distance of about 100 miles. It haa a traffic lease over the Northern Paciflc railway, by which it' secures entry into Portland, running ninety-five years more. The annual rental la $26,000. FIERCE CLASS FIGHT AT MIAMI Battle Between Freshmen and Sopho mores for Possession of a Flag Lasts Six Hours. HAMILTON, O.. Oct. 9. Bruce Lloyd of Oxford, O., waa aerioualy Injured and many girls and boys had their faces and bodies scratched today In a fierce scrimmage be tween- the sophomores and freshmen of the Miami university at Oxford during a flag rush. The battle continued for six hours. Sophomores captured twelve freshmen and the freshmen ten sophomores. Six girls from each claaa were bound hand and foot and Imprisoned. The sophomores failed to capture the flag. ROYAL LIVE STOCK SHOW Seventh Annual Exhibition of Fine Animals la Progress at t Kansas City. KANSAS CITY, Oct. 9. The seventh an nual American Royal Live Stock show opened at the stock yards here today with 821 Individual entrlea of fine cattle. The largest previous nun; her of entries for an American royal show waa 782. The list of Judges Includes Prof. C. F. Curtiss, dean of the Iowa State Agricul tural college; Prof. W. it Kennedy of the same Institution, R. B. Ogllvle of Chicago, Thomas Clark of Beecher, 111.; Daniel Black cf Lyndon, O.; J. H. Miller of Peru, Ind , and L. M. Forbes of Henry, 111. LEGAL STATUS0F THEATERS Court Holds that They Are Private Enterprises and 1 nder .o Implied Obligations to Serve Public. PITTSBURG, Oct. .-Justice J. Hay Brown of the Pennsylvania supreme court handed down an opinion today In which he decided that a theater proprietor la a pri vate individual, engaged in a strictly pri vate bualness, and is under no Implied ob ligatlona to serve the public. Movemente of Ocean Vessels Oct. U. At New York Arrived: Mlnnetonka, from London; Slavonia, from Palermo; Potsdam, rrom notteraam. At Glasgow Arrived: Athenla, Mon golian and Victorian, from Montreal. At Movuie Arrived: Astoria, from New . York At Boulogne Sailed : Noordam. for New ; !,' Patricia, lor New York. Hremen Arrived:- Friedrlch iler Grosse. from New .York. .At London Arrived; Minneapolis, from NA7 Mve'rpool-Balled: Iberian, for Bos- ton. Arrived: I'ltonia. from New York. I At Havre-nailea: Hartnatian, lor Mon- At Naples Arrived: Crrtlc. from New Yora. At Boeton Arrived : Finland, from New York, and proceeded. HORSE SHOW STARTS Cecond Atonal Omaha Exhibit lfasea a Most Hotable Beginning. SOCIETY DOES FULL HONfR TO 0CCASII Beit of Omaha's Smart Set Attends Bhov in Full Begalia. SMARTEST OF COSTUMES DECK WEARERS Women Display Qawr.i and Eati to Till Batiifaotion of Iverjbody. MORE AND BETTER HORSES THAN BEFORE how Ring Entrlea Exceed Last Yeag ia Every Point and Drnw Much, Applause from Lovers of the AalmaL Bad and poor In spirit. Indeed, were ha who could not And It within him to lift his hat to Horse, and bend hla knee to Woman, and do both Joyously, at the open ing of the Omaha Horse Show last night. These two objects of worship were decked to please his eye and enliven his heart aa though It was the chief end of living. All that either could do tj" make attraction more attractive was done and tha verdict returned was the kind that repaid the effort. Omaha's second Horse Show began mag nificently well. Arrangements were of the kind that Insured enjoyment and comfort; appointments were perfect; entries, femi nine and equine, were numerous and speci ally flne; decorations were superior to any. thing seen before at the Auditorium and the whole show partook to an eminently satisfactory degree of that easy 1 formal Informality for which the thing waa In vented. The exhibition of beautiful gowna was dazzling. Boxes and tiers of seats were long rows of brilliant color soft, lustrous and variegated, eternally distracting the eye from the arena and making charm for the temperament. Dress Counts for Much. Horse shows chloroform any Idea that ' raiment does not make for human happi ness. Even the beasts In the arena re spend to the Inspiration of flne harnesses with gold and sliver trappings. You see the effect of a smart wagon In every mus cle. Turn from the arena to the boxea and the rail and the same aensatlona In more civilized form are beheld. Anyone at a horse show, at any rate at a show like Omaha haa, would have to be ten T. W. Lawsons, ten Governor Folka and five Theodore Roosevelts combined, to declare right then and there, in a voice loud enough to be heard, that clothes do not contribute to charm. An old and mighty, charm It la, and perhaps more than worth the price of all that hermits and philoso phers may Bay. If the sun la good because It brlghtena up the day, the Horse Show Is good because. It brlghtena life gen . r.l!y. - - '"-,.- C . t;-.;-.1-,.;,..-. ' looking down from a hflftop on" Farnnm -', . street fifteen minutes before the bugle call summoned the first classes, one could see a contlnous and endless line of carriage lamps, all going eastward to the Auditor ium. Other atreets from the fashionable districts were thickly dotted with the same kind of flreflys. Around' the Auditorium entrance they buzzed in swarms, regulated by white-gloved policemen, for an hour or more. Sherlock Holmes and Raffles to gether would have tackled a Job that Conan Doyle wouldn't have written up If they started out at 8:15 to find any Omaha society that stayed home. They came by hundreds and they came arrayed radiantly and Raffles could not have found any of the really bes( Jewels or silks behind, any more than he would have found the wearers. Omaha Sits I'p and Notices. It la to be hoped alncerely that captious correspondents for the eastern society press were there. It will choke In their throats if they try to say Omaha la "raw" any longer at a Horae Show. The demonstra tion last night was all to the contrary. There waa no fussing, no nervousness, no awkwardness or mental vacuities thinly veiled and caused by wondering what to do next. It was not that way -last year that Is, not more than symptomatic, but even hints had disappeared. In place of circum stances that might have given lash to sus picion were perfect good nature, ease, sociability, frank dlsengenuous gladneas to be there; a constant flutter of conversation; ripples of laughter; the commingling of group after group; a free and frequent use of the promenade. Aa for enthusiasm, galleries at a melo drama never let more nerve energy run out of their finger tips. Tfce applause was like the descriptions of musketry before Muk den. Every now and then a whole bat talion would fire at once and remain firing several mlnutea. . Applause waa not heard only when the band played or Maatar of Ceremonies Sapp was announcing a de cision. The manifested regard waa catho lic. Home horses were never lost Bight of and local patriotism waa not backward. but good horseflesh of any kind called out approbation so everyone could under stand It. Real Horses on Exhibition. Inside the arena affairs were well worth all that was .expressed. In moat ot tho classes the Judges had dtfficultlea many and perplexing, ao evenly were contestants matched. All of the big stables that hon ored Omaha lust year came again, together with a generous addltlou of new onea. Many namea that the 1904 program did not make familiar here were on the cards the opening night. Every class had more entries than it did a year ago. In point of excellence, too, the aristocratic naga measured up many points better. It was evident that Omaha gold looka better to owners than St. Louts silver and gold plate, and the parallel datea at the last named town did not bother the success of the Omaha Horse Show in the least. The dash and abandon o fDr. C. DeGantio Gray waa gone and regretted, it la true, but S. C. Huiler, his successor, managed mattera ao well that precision and clock work are the only right adjectives to de scribe the result. Mr. Haller's personality la not of the same dye as that of the doe tor, but there Is no pioflt or sense in other comparisons. The management was big-hearted about decorations. Many more yards of red and white draped the posts and surfaces and bare places than ever before. The effect of the hangings above the place where the stage usually Is were pretty. The scheme as simple, yet markedly effective, con sisting mostly of broad alternate bands of coli.r. relieved with half rosettes on the balcony rail. The lighting waa sumptuous. "Popular" Price Seats Empty. The only seats that were empty wera w