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Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 16, 1907, Image 1

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Omaha' - Daily
KiBBinri Ceurt Besides Habeas Corpus Cass
ArsinstOil Magnate.
Lnctac f United States Sipreme Court
io Similar Case Oaoted.
Abienoe of Defendant from Texas Mast Ee
Taken Into Account.
Defendant I Released 01 Bond of
TwMty Tkad In Each A p
pral OSBrlal from Texas
Are Elated.
ST. LOUIS, May 16. In the circuit court
of the United States for the eastern divi
sion of the Eastern district of Missouri,
Judge Adams today denied the application
f H. Clsy Pierce, chairman of the board
of the Waters-Pierce Oil company, for a
writ of habeas corpus and ordered that the
petitioner be remanded to the custody of the
chief of police to be delivered to Sheriff
Oeorge ' B. Matthews of Travis county,
Texas, for extradition. Pierce is wanted
in Texas to answer to an Indictment charg
ing" perjury in an affidavit made by him
In May, 1900, to the effect that the Watvs
Plerce OH company was not a party to
any pool, trust, confederation or combina
tion in restraint of trade.
After Judge Adams had read his deci
sion Attorney Priest immediately asked
that a delay of execution of the court's
erder be granted until 2 o'clock this after
noon to enable him to decide whether to
make an appeal to the United States court
of pp-ais or directly to the state supreme
court. Judge Adams granted the request
Attorney Barclay, representing the state
of Texas, asked that the court increase the
.bond of tld.OOO under which Pierce was re
leased from custody when he surrendered
on May K But Judge Adams stated that
toe bond would remain at that amount un
til 1 o'clock this afternoon. Mr. Pierce
had little to say as he left the court room
wl',h, his attorney. He spoke to several
friends who crowded forward to shake his
hand, but made no comment
- Decision of Coart.
In Mir decision Judge Adams reviewed the
Texas Indictment and the grounds upon
"which if was based and cited a number cf
supreme court expressions concerning the
framing; of Indictments. The decision con
tinued: ' '
finch ere the more recent exoresslons of
the supreme court of the United States
on this question. They amount to this,
that wl.lle every precaution must bo taken
to fairly and fully- apprise the accused of
ine fiaiur ana cause or ma accusation
gainst him so as to snable him to make
nis. defense and plead the Judgment which
tnay be rendered In the case for his pro-
Ptrt,Hnti nr-ulna .mttha. t,iw . th.
e full In hla constltiitlnnRj, riirht to n.
fetf-ercf; impartial trial, -no -tmprnctfcabl
or -useless -to, nil arris of technicality or re
finement, which tend to defeat Justice or
embarrass Its administration, should be
""l"ni Burn i ino me statutory law ot
Texan: "An" Indictment for any offense
gainst the penal laws of this state shall
be deemed sufficient which states the
commission of the offense in ordinary and
concise language In such a manner as to
enable a person of common understanding
to know what is meant." Article 448, penal
code of Texas.
In the light of the foregoing controlling
and reasonable rules It would seem that it
a. president of a corporation, whose duty
It was as its chief executive officer to know
what kind of agreements were made, pur
suant to a law requiring him to do so,
were to make an affidavit that his com
pany was not on a given day a party to
an sxree-ment with any .other company to
fix the price or limit the production of an
article of manufacture, the affiant could
hardly say. w-hen charged with false swear
lug In that particular, that he could not
understand the nature of the charge: that
its meaning was not apparent to common
inderstamllng; thnt It was only the ex
Irn1on of an opinion without knowledge
of Its meaning when taken In connection
with the law governing the same. The In
dtctment in the particulars discussed In
rnr opinion- states the substance of an
offente within the meaning of the extra
dition laws of the Unttad Btates.
It Is argued that bec&iir- th inrtint-n.-,
was not found within three yecrs after
the commission of the offense prosecution
for It is barred by the statute of limita
tions, which is three years. That argu
ment Is without merit. !t may turn out
to be true that the petitioner has been
bbsent from the state of Texas during a
pert of the time since 19u0. If so the dura
tion of such absence would not be Included
In the period of limitation.
After a considerable ronaldefatlnn of
able argument of counsel for both sides the
conclusion is Irreslstable that the sub
stance of an offense Is found In the indict
ment and that Jurisdiction rests alone with
th courts of the demanding state to pass
upon any question which may arise In Its
consideration and trial. The prisoner must
be remanded and It Is so ordered.
Pier Visibly Affected.
During the reading of the decision by
Judge Adams, Mr. Pierce maintained com
rjosurs outwardly, but it was evident he
was laboring under mental stress. He
placed his hands in his trousers' pockets
avnd braced himself back In his chair,
closely scanning the Judge's faoe. Twice
he glanced hastily a. the clock; hanging on
the wall, but aside from UiIk he never
moved a muscle during the delivery of the
Inlon. His counsel, Attorney 1-riest, was
visibly disconcerted by the sfrnln during
me reading, his hands trembUng and fin
Tors fumbling with bits of torn paper and
frequently shifted his position in his
chair. Opposing counsel. Attorney Barclay,
calmly listened to the reading and fre
quently made notes on a pad before him.
Sheriff Matthews from Texas stood back
In the crowded court room Intently listen
ing to he reading and a smile spread over
hla features as the court pronounced the
words remanding Pierce to his custody.
As soon ss the reading had been con
cluded a number of persons crowded about
Pierce and others about Bherlff Matthews.
Judge Adams was forced to call upon the
bailiff to command order. Attorney Priest
then requested delay in execution of the
court's order Unl I o'clock this afteTOoon.
which was granted and court adjourned!
Arter shaking hands with a number of
friends Mr. Plerc and Attorney Priest hur
riedly departed.
When eourt reconveneo at I o'clock At
torney I .ten. counsel for the petitioner,
gave notice formally that two appeals
would be taken from the decision of
Judge Adams, one to th United States
eourt of appeals, and on to the United
fltate supreme court. The court then ad
mitted Pierce to bond In the sum of tOQ.OOO
on each appeal.
pterc win garreader.
Th following telegram was sent by Mr.
Pierce this evening to Attorney J. D. John-
son of St. LouU. who Is now In Austin. ' onV ,or tne " ,wo Xsrs: Coin
Please anoounce through the press thai ' m",,der- J- c- Rut. Omana; adviser. W.
although I have appealed fn.m Judge , W. Fraaer, Dallas, Tex.; banker,' Morris
it V """".as can
ananas my bunt
in to Teiaa to have Uie
(Oe&Uaued oa Second Page.)
Thursday, Mar 1K 10OT.
ioo7 May 1907
turn wo - nit wis ran ran
X - $ I ' 2 34
5 6 7 8 9 10 II
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
sdav. Frtdsv fair.
6 a. m.,
6 a. m..
7 a. m.
S a. m..
9 a. m..
1'i a. m..
11 a. m.,
U m
' FOR IOWA Thursday and
-7- d warmer.
, t tmana yesieroay:
st Hour.
.... 47
.... 61
.... 61
.... 67
.... M
.... 54
.... 54
.... 53
.... 52
1 p. m....
2 p. m....
S p. m....
4 p. m....
t p. m....
. p. m....
7 p. m.,..
p. m....
. m....
DOS. 'r
Talesman at BolSv . he could not
credit Harry Orchard's' testimony ond he
Is excused over protest of the defense.
rat 1
Abraham Ruef, the San Francisco po
litical boss, pleads guilty to charges of ex
tortion. He says he connived at corrup
tion to keep Schmlts machine together and
blames the mayor for many of his
troubles. Pag 1
J. Cullen Root of Omaha Is re-elected
commander of the Sovereign camp, Wood
men of the World. Pag 1
St. Louis court decides habeas corpus
case of Henry Clay Pierce, who is wanted
in Texas n charge of perjury, against the
oil magnate. He at one appeals to United
Btates supreme court and is released on
$40,000 bond. He ssys he will go to Texas
and have case heard on its merits as soon
as he can arrange his business. Pay 1
Railway commission decides against
adopting any schedule of freight rates
until the maximum rat bill goes Into
effect In July, hoping thereby to avoid
legal complications. Union Pacific asks
that value of stocks and bonds owned by
it be not considered In making the as
sessment of the company. Representa
tives of the Russian people address uni
versity students. Pag 3
First biennial convention of the West
ern Bees is held at Orand Island. Pag 3
Group Four of the Nebraska Bankers'
association in session at Hastings. Pag 3
Seventh Day Adventlsts decide to locate
headquarters at Hastings. Pag 3
Annual encampment of the Orand Army
of the Republic and Woman's Relief Corps
opens at Fremont with a public reception
in th evening. Pag .3
. Governor Sheldon appoints his private
secretary, stats oil Inspector and some
ot the deputies. Pag X
Fred Burke, murderer of Mr. and Mrs
Copple In Thurston county, brought to
Omaha for safe keeping, declares he will
plead guilty to charge of murder, as'flght
would be useless. He will be kept In
Omaha to prevent possible lynching. -
--",, m Pag 1
- A- M. Waiting of "David City elected
grand master workman-by grand lodge of
Ancient Order of United Workman and
organisation decides to assist distressed
Jurisdictions In payment of debts. Peg's 3
County commissioners will take 'steps
to recover from Sheriff McDonald and his
predecessors the difference between the
amount he has been receiving for keeping
foreign prisoners and the amount allowed
by county. Fags a
Bishop Worthlngton In address declares
divorce strikes at the divine order of th
family and th stability of the republic
psTs r
Temperature In Omaha one degree above
freeslng and search for Gentle Spring Is
renewed with considerable interest, but
with little success. Pag 4
George Chamberlain, TO years of age. Is
hnrled from his wagon In collision with
street car and Is severely injured. Pegs a
II. E. Babcock of Columbus discusses
proposed power canal before Ileal Estate
exchange and committee Is appointed by
that body to Investigate project. Pags 3
P. 8. Eustis,' passenger, traffic manager
of the Burlington, declares large Increase
of business presents serious problem to
railroads, which are forced to change old
methods. - Pag 11
Real estate brokers declare there Is a
serious shortage of good real estate prop
erty offered for sal In Omaha. Pag T
Go Between" wins mil and
handicap at Belmont park.
Pag 4
Results of the ball games:
6 Pueblo vs. Omaha-J. ,
S Denver vs. Des Moines 0.
e Philadelphia vs. St. Louis 8.
8 Minneapolis vs. Indianapolis L
10 Kansas City vs. Toledo ft,
2 HoBton vs. Pittsburg 1.
4 Chicago vs. Philadelphia L
4 St. Louis vs. Brooklyn 3.
4 New York vs. Cincinnati S.
Pag- 4
drain markets. Pag t
I.lvs stock markets. Pag
- Etocks and bonds. Pag
Antl-Stepaeason Republicans Switch
to Hatten, a-nd II Will B
Elected Today.
MADISON. Wis., May 15.-Th senatorial
contest is near Its final stage. It was ex
pected this afternoon that tonight would
see th end, but a change of two votes
prevented this outcome. The anti-Stephen-son
republicans this afternoon decided to
drop Each and vote for Hatten, and fifty
three votes were pledged to Hatten, on
more than enough to elect in caucus. To
night, however, on changed to Stephenson
and two refused to vote, leaving ILrtten
I with fifty-one. The caucus then adjourned.
j bu " ,U "
! Uk plac to,norro'' b ,he
democrats. After ths caucus the legis
lature took one ballot, ss follows: Hatten,
50; Stephenson. 4ti; Bird (dern.), 14; scat
tered, 11.
J, Cnllen Root of Oman la Again
Chosen Commander of gov-
tarn Camp, 1
1 NORFOLK, Va,. May U.-Th sovereign
1 cao1P' Woodmen of th World, in biennial
-"nvention her today elected the following
i Sheppard. Texarkana, Tex.; clerk. John T.
! n,,h: W. B. Jewell,
Manchester, la.; sentry, D. EL Bradshaw,
LltU, Koch. Ark.
Tales man Bays Be Wou'd Not Credit Harry
Orchard! Testimony.
Defense Persist and Wordy War Br.
twti ronnirl Ensues Coart
Upholds tha Chal.
lee go.
BOISE, Idaho, May 15. The unexpected
uncovering of a vein of prejudice against
Harry Orchard and his testimony during
the further examination of talesmen In the
Steunenberg murder case today led to the
first sharp wrangle between counsel and
involved the name of President Roosevelt
In an acrimonious discussion. The day and
the Incident began with Samuel Wlngate,
the eleventh talesman, in the hands of the
defense for examination In chief. Ques
tioning had proceeded a short distance
when it developed that Mr. Wingate was
biased against Orchard and unwilling to
ccept the testimony which it Is expected
he will give against the prisoner. The de
fense naturally tried at once to show
that Wlngate's state of mlrtd on the sub
ject was not such as would warrant his
removal from the box, when the talesman
repassed to the hands of the state. Senator
Ttnrsh nulrktv rirw from him thn flAt
r.H .i.i.m.nt th ronM not against
any circumstances, give credence to Or
chard's testimony. Wlngate was upon this
excused, the defense excepting to the
court's ruling, and from thence forward
the state was particular to test all tales
men on this point.
Gichangei Between! Counsel.
Talesman A. P. Bums,' who finally suc
ceeded tp Wingate's seat, said under oath
that he was not prepared to give the same
credence to Orchard that he would extend
to other . witnesses, but his attitude was
not deemed sufficient to warrant hla re
moval. The question recurred at the after
noon session, when Senator Borah put the
question to Talesman William McGuffin,
who succeeded Talesman Henry to seat No.
6 after the latter had been evicted for Im
plied bla on the testimony or R. Z. Love
lacethe first witness called In the case
who swore that Henry had told him that
Haywood, Moyer and Pettibone would not
have been brought here If "they had not
been mixed up In the case."
Clarence S. Darrow of the -defense ob
jected to the . question and Senator Borah
sharply replied:
"After the Immense latitude that the de
fense has taken In regard to McPartland,
Taft and Roosevelt I do not think they
would stick on any technicality at this late
"We did not ask as to tho effect of Mc
Partland's testimony," said Messrs Dar
row and Richardson together.
- "If Roosevelt Is to be brought here to
testify we might have something more to
say," went on Mr. Richardson. , -.
"Rocwevelt can take care of himself wher
ever he Is," retorted Borah.
' "Well, 1 don't know about that," said Mr.
Judge Wood directed counsel to proceed
with th case, but Mr. Darrow, who was
standing, took forma) exception to tho re
marks, of Mr. Borah. '
I will be glad to" eliminate Roosevelt If
you will," replied Borah. "He was brought
htto th case by the defene."
"He cam In himself," said Mr. Richard
son. ' He Is 2,000 miles away a-nd he writes
He was brought In by his own hutting
In," added Mr. Darrow. i
The Judge overruled the objection to the
question the talesman saying iwk uu
not hav any bias or opinion in the mat
ter, the defense noting an exception and
the incident closed.
One Peremptory Challenge
Th Jury box was finally nlled with twelve
talesmen subjected to an examination and
temporarily passed by both side at :40
o'clock In the afternoon and tho court an
nounced that It was In order for both
sides to exercise peremptory , challenges.
Counsel for Haywood asked for a few min
utes' delay, and for five minutes they gath
ered around th chair ot tho prisoner and
engaged in earnest consultation as to their
course on the mep occupying the Jury box.
The state exercised its right first and ex
cused William Van Orsdale, a erocer, who
has occupied seat No. I. since the opening
day of ths trial. George F. Maw. a young
farmer with strong opinions as to the acts
of certain" elements In the labor unions of
the country, was then called to tho vacant
place. The stat passed him and he was
still In th hands of the defense when ad
journment hour was reached.
The trial will not b resumed until I
o'clock tomorrow afternoon because of the
funeral in the morning of Judge Nugent,
father of John F. Nugent, one of the coun
sel for the defense. Proceedings were
Interrupted at the beginning of the after
noon session today and Judge Wood made
formal announcement of the death of Judge
Nugent. Committees of the local bar to
make arrangements for participation of the
bar and court in the funeral and to draft
memorial resolutions were appointed by
Judge Wood, and It was announced that to
permit the members of th court to at
tend the funeral there would be no session
tomorrow morning. This recess may ex
tend the completion of the Jury beyond the
end of this week. Between prosecution and
defense there lie twenty peremptory chal
lenges, and but one of these has been
used. It Is generally admitted that both
sides Intend to f ally use their peremptory
rights, and the present composition of the
tentative Jury may be entirely changed,
(oner eVAIea Riots Recalled.
Th examination of talesmen by the de
fense today indicated a desire to further
Investigate the question of general local
prejudice. Counsel recalled the trouble
In the .Coeur d'Alenes fifteen and eight
een yerirs ago and made careful Inquiry
as to Its possible effect upon the minds
and prejudices of prospective Jurors. The
rest of their examination covered th wide
range of sabjecls already outlined.. The
states, beside its geueral line of questions
and the attitude toward Harry Orchard,
Introduced today, la also covering member
ship In labor nnlons and the possible ex
istence of prejudice for or against them.
The prisoner waa again an active partici
pant In th conduct of the case. He re
peatedly consulted with his attorneys and
watched the proceeding with attention aa
alert as theirs.
The court room failed to fill today and
if talesmen, witnesses, lawyers, court at
taches and newspaper men bad remained
away th place would hav been absolutely
lonesoins. Th peopl of Boise are follow.
Ing.th case with Interest, but th city
seems unwilling to spar mor than a aoor
of Its Inhabitants to sit ttirough th pro
ceedings In court.
Standard Dividend Rednred.
NEW TORK. May 15. The directors of
th Stamford Oil 'ompany declared quar
terly dividend of W per ahax. This com
pares with a dividend of Si declared ture
European Orald
Merchants Look
ea fee Relief et
United Bin
BERLIN, May ' 15. Interviews with a
number of leading grain merchants and
members of produce section of the
Bourse here disclose a feeling of great
uncertainty In connection with the grain
situation. The dealers generally are dis
posed to regard tho present wave of specu
lation ss being an exaggerated one. All
admit, however, that the United States at
this moment holds the key to the inter
national situation, but th tendency is to
believe that the situation and th reports
of crop shortage are exaggerated so far as
the European situation Is concerned. The
merchants add that it Is also premature to
predict a heavy shrinkage of production as
a factor In the genersl yield.
Vsrious reports of poor cfop prospects
In Germany, Hungary, Roumanla and
Russia are playing a role In the price
movement here. The German winter crop
is admitted to be much delayed and a con
siderable acreage was frosen out. but,
nevertheless, good hopes are entertained
that the spring planting will overcome the
shortage due to th winter damage. Re
ports, however, emphasize the fact that
Germany's 190S crop was below the estimate
and that Germany must enter a new gratt
year without home supplies. The crop out
look has been somewhat Improved through
the warmer weather since the beginning
01 ine monm. inye nave oeen
speus, but rain la su greatly neeaea. ive
ports also Indicate kn Improvement in the
Hungarian crop profpects as the result of
rains. The outlook) In the lower Danube
and south of Russia, however. Is consid
ered bad for winter grain, btlt in the Volga
valley and north, of Russia the prospects
are uniformly good,' which Is expected to
counterbalance the Black sea shortage.
All things considered, dealers here expect
that the high prices will be maintained in
view of the growing population in compari
son with the grain supplies, Germany in
particular - demanding larger and larger
quantities every year, through the addition
of 800,000 to its population annuaiiy.
In the produce section of the Bourse to
day prices opened strong, owing to the pub
lication of a dispatch anonuncing that only
one-tenth of the Canadian wheat crop had
been planted.
Advise for Dissolution of Parliament,
Disarming; of Jews and -Other
M08COW, Mny 15. The congress of re
actionists closed today after adopting the
final - report of a resolution setting forth
the measures It considered necessary for
public safety, which Include "the dissolu
tion of Parliament, the proclamation of
full martial law wherever there la any
revolutionary agitation, disarmament of the
Jewish organisations, legalisation of tho
bands cf reactionists, confiscation of prop
erty of revolutionists and the exclusion of
the Jews from military and. ctvil services'.
A telegram was setit" to the emperor by
the congress, complaining of the- attitude
of the ' lower house rSrHament at th
tiro M. Zuratsoff. st4ai .jdemocrnt, made
Ma-, heated attack- on. the army and gov
ernment In the- froaiV'J.pTH , for which
he 'was rebuked nt''Buspndsd by Fiesi
dent Qolovln, bat was upheld by the social
democrats, and-calling attention . to th
participation wf some tf the , clergy . In
the revolution and the revolutionary propa
ganda conducted by a certain section of the
ecclesiastical press and by th seminaries.
Subscriptions were started by -the dole
ge.tes to a' secret service fund to fight th
A revolutionist named Charoshnlkoff,
leader of several bands, which, under cover
of - the revolutionary movement, have car
ried out important robberies of banks and
other public Institutions, was located by
the police and was killed while attempting
to escape disguised as a woman.
Grants Sanetlon to Marriage of Grand
Dnke ' to Divorced
ST. PETERSBURG, May 16.-An Imperial
order was issued today creating the Prin
cess Anastnsla of Montenegro, who was
married May 12 at Talta to th Grand Duke
Nicholas Nlcholalevltch, a grand duchess
and announcing th emperor's sanction of
th union. No former recognisance had
been taken of the marriage owing to the
attitude of the orthodox church toward the
remarriage of divorced persons, the grand
riultAa havliff been divorced from ha, At
husband. Prince Oeorge Romanowski. duke
of Leuchtenberg.
Th newly married couple are still at
Yalta. Yesterday they received a deputa
tion of Mohammedan villagers, who pre
sented them with the traditional bread and
salt snd assured th grand duke that In the
future aa in the past they will always be
true to the emperor and his family.
Foreign Minister Ittonl Outlines Pol
icy of Ills Government at.
Hague Tribunal.
BOMB, May 15. Foreign Minister Ittonl
In the course of his ste'ement In the
Chamber of Deputies todaj e the attitude
of Italy at the coming pofi.o inference at
The Hague, aaid that tbj lian govern
ment was in favor of the limitation of
armaments snd would even take part In
the discussion of th question, at Th
Hague, but the government agreed with the
Austro-German governments on the subject
because of difficulty in finding a practical,
acceptable solution of th problem involved.
Council ot Russian Empire Rejects
Bill Passed by the Lower
ST. PETERSBURG. May 15. The council
of th empire, or upper house of th Par
liament, today rejected the bill whir, was
passed April 80 by the lower house abolish
ing trials by drumhead courts-martial.
tsueen Victoria's Tteeltu Satlsfaatory
and Event Will Occur on
May 18.
MADRID, May 15. The condition of
Queen Victoria and Prince Alfonso Is sat-
lsfactory. The prince
May 18.
rill, be chrUtened
Would Settle Strike.
OTTAWA, Ont. May 15, -The shipplnc
federation at Montreal has applied to ths
Labor department for th appointment of
a eonclllatlon board to setUs the nmp,
atuMremen'a strike, I
Vnrderer f Ocpp'.es Bays Be Will Confess
Crime When Arrayed.
Says He Shot the Man
Woaaan Oaee, bat
No Reason
Twice and
"I am going to plead guilty. They can do
whatever they want to with me. There Is
no use for me to Jlght the case. I don't
know why I did It. I never had any trouble
with Copple. Wf were always good friends.
They say I shot six times, but I can only
remember three. H was coming from th
barn when I went out. I ahot him twioe
and then Mrs. Copple came out. I auppose
she heard the shots. 1 shot her once. Then
I went Into the house and went to sleep."
This In substance was the statement of
Fred Burke, or Louis Ray Hlgglns,
th murderer of W. L. Copple
and wife of Pender, at the county Jail
Wednesday morning. He discussed ths case
coolly and without any reserve While talk
ing he hung his head and did not look
those he talked square in the face mor
than an instant at a tim.
A constant stream of visitors called at
the Jail during th forenoon and many of
them wore taken up to the solitary cell to
view the fiend whose brutal crime has
aroused the people of the state. Burke
paid no attention to th remarks about him
made by the visitors. His sore toe was
troubling him and he lay on hia cot moat
of the time.
Thomas I Sloan, acting county attorney
of Thurston county, reached Omaha Tues
day morning and has charge of the legal
phase of the case. He said Burks would be
left in Omaha for some time, as he feared a
lynching If he were taken back to Thurston
county. He could not say when his would
be removed for his preliminary. After feel
ing dies down a little Burke will be spir
ited back to Pender unannounced for his
Bratnltty is Emphasised.
The brutality of the man Is shown by
the statement of Blanch Copple, the' 13-
year-old daughter of th murdered couple
She said after, the shooting Burke came
into the house and told the children to go
back to bed.
"You have killed papa and mnmma,
said Blanche; "I know It, because they
would not leave us here alone like this."
Burke tried to make them believe their
parents were safe, and then the little girl
asked him to light a lamp, because tho
ft-months-old twins were crying-
"Let the little brats cry," Burke Is said
to have answered. "I won't light a lamp.
The little girl stayed up In the dark for
some time, taking care of the children.
In the morning Tommy, the "7-ycar-old
boy, went out Into' th yard and found
the bodies, which were being eaten by the
hogs. ' . 1
"I had to fight th hogs for a long time,'
t said, telling of the Incident afterward.
"to keep them away from papa' and
. Sloan' Theory of Motive.
- Mr. Sloan has the only theory that has
so far been advanced as a motive for' the
murder. ' He aaysr Copple, while a, big-
hearted and kindly disposed man, was a
very hard worker and made hla men work
hard. He was also a large man. phys
ically. Mr. Sloan thinks Burke got angry
from being required to work hard, and
not being able to handle Copple, and after
brooding over his faded wrongs, decided
to shoot him. This theory Is borne out by
by the remark Burke is said to hav made
to Sumner, th 11-year-old boy with whom
he slept, that be wished the boy's father
was dead and that he would fix htm.
Burke declares he had absolutely no mo
tlv in committing th crime.
"I had never thought of killing him until
that night,' he said. "I don't know why I
did it. I don't remember hearing Copple
leave th house. I was sick and went out
and vomited. I saw him coming bock from
the barn. I Just got the gun and shot him.
I didn't look for any money and was not
after any. I did not hav over t2 at any
time after the shooting."
Burke mid he had been arrested a num
ber of times at various places for drunken
ness, but never on a serious charge. He
worked in Omaha last winter tot three or
four weeks aa an Ice cutter on Cut Off lake.
He went under the name Noyes. He says
his father and mother have been separated
for twelve years and he does not know
where hla father Is.
Too Early for More Boanty.
Had th murderer been captured twelv
i ho,,r Mr tnere would b additional
in rewards to be divided among th cap
tors. Governor Sheldon had decided Tues
day afternoon to offer that amount on the
part of the state at the solicitation of
County Attorney Whltcomb of Pender, who
went to Lincoln Tuesday to see ' him In
that regard. It waa late In the afternoon
before the declalon to offer the reward was
reached and Governor Sheldon decided to
put off th act until morning. Whltcomb
then came to Omaha and found the man
had been captured before the' reward hod
been officially posted. It la not thought the
sum can be made payable to those catch
ing the murderer.
Mr. Whltcomb said Wednesday morning
he believed should Hlgglns be taken north
for examination now, the militia would be
necessary to protect him from th enraged
peopl. Never before, he said, hav the
farmers and others been so wrought up
over any local matter and a lynching
would be almost certain should an at
tempt b made to take th prisoner any
where near the seen of the crime.
Funeral of the Victims.
BANCROFT. Neb., May 15. (Special
Telegram.) The funeral of the Copples
will be held at Bancroft tomorrow at I
p. m. The bodies will be Interred at the
Bancroft cemetery.
Investigation In Thurston County
Fixes Crime Vpon Htm.,
ROSALIE. Neb., May 1. (Special Tele
gram.) At the inquest held yesterday by
Coroner H. A. Relchenbach of Thurston
county Blanch and Tommie, two of Cop
pie's children, were put on the stand -and
their testimony was practically as pre
viously published. W. E. Whltcomb of
Pender, county attorney, assisted by Attor
ney T. L. Sloan of Pender, were present at
the Inquest.
Both the boy and girl told a straight
story and it is upon their testimony that
i th county prosecute Burke, If the case
t aver oomes to mai. jner is not a par
tide of doubt In th minds of the residents
i to his guilt.
It only took a few minutes for ths cor
oner s Jury to bring in a verdict as fol-
I lows:
We. the Jury,' upon our oaths, state that
Walter F. Cupple and his wife, fcva Carey
CIl'e' C""' 10 "
(.Continued oa neoubd Pugs.)
Leaders Point to Close Vote In I.egls-
latare m Indleatlon, They Can
Defeat Forskrr.
CLEVELAND. May 15.-The rescinding of
the call for the republican love feast at
Columbus and the consequent failure of
the Taft and Foraker factions to get to
gether has greatly encouraged democratic
leaders in Ohio. They are of the opinion
that they now have an excellent chance
of electing Senator Foraker's successor
and cite the existing legislative makeup
as proof.'
The present Ohio house consists of sKty-
two republics nn, fifty-seven democrats and
two independents. The senate has eighteen
republicans, eighteen democrats and one
Independent, who Is classed as a demo
crat. This gives the republicans eighty
votes against seventy-eight for the demo
crats and Independents.
The next senator will be elected by the
legislature chosen at tho next election and
there are so many districts in which the
vote Is exceedingly close that It may b
safely said that the democrats have at
least as fair a prospect of overcoming
the republican lead on Joint ballot as the
republicans have of Increasing It.
Five of the present republican representa
tives were elected by plurality of less than
100. One had a margin of three votes only;
on was selected by four votes and one by
twelve votes. The man elected by three
voted for himself, and he has three sons
who voted for their father. Three demo
crats had pluralities of less than 100, the
smallest being seventeen. In the senate
the republicans have one member who was
chosen by a plurality of fifty, while the
smallest plurality for any democratic sen
ator was 252.
, The democratic leaders declare that any
election giving a plurality of 100 or less is
anybody's fight when the next election
comes around.
Appoints His Private Secretary, Chief
OH Inspector nnd
' Deputies.
(From a Staff Correspondent.)
LINCOLN, May 15. (Special.) Martin
Dlmery of Seward, former senator, was
given the appointment of private secretary
to Governor Sheldon this afternoon; A. B.
Allen, private secretary, was appointed
state oil inspector; Otto Zeulow of Schuyler
was appointed deputy oil Inspector for
the Third district to succeed EX C. Burns,
and William H. Wheeler of Fairfield deputy
for the Fifth district to succeed Deputy
Johnson of Mlnden. Mr. Allen succeeds
Edward A. Church, who has held the posi
tion for four years. The new oil Inspector
was for four years private secretary to
Governor Mickey and has been serving
m the same capacity to Governor Sheldon
since his election. Mr. Dlmery served In
the senate with Governor Sheldon In 1908,
representing Seward and Butler counties
Otto Zeulow served In the house from
Colfax counly in 1905 and Wheeler, was
aecretary of the senate In 1906. ;
Three Candidate for 'Moderator- of
General Assembly Which Begins
Work nt Col umbos, O.
COLUMBUS, O., May 15 A spirited con
test for the office of moderator promises
to be one of the features of the one hun-
dred and nineteenth annual session of the;
Presbyterian General assembly which con
.vene In this city tomorrow. The morning
session will be devotional. Dr. Ira K.
Landrith of Nashville, Tenn., moderator
of the last general assembly of the Cum
berland Presbyterian church, will preoch
the annual sermon.
The election will take place In th after
noon. The candidates mentioned tonight
are Rev. William Henry Roberts, D. D., of
Philadelphia, who has been stated clerk of
the Presbyterian assembly since 1893; Dr.
Wllllom H. Black, president of Missouri
Valley college at Marshall, Mo., and for
mer moderator of the Cumberland Presby
terian assembly and Dr. W. O. Thompson,
president of Ohio State university.
Sew York Hospital Korse Lodges
Grievance that Railroad Em
ploy Used Violence.
NEW YORK, May 15. That a conductor
of the Grand street crosstown street car
line turned out the lights of the car,
knocked him down and robbed him of $380
while he was a passenger on the car was
the complaint made to the police today by
Antonio Kresnlc, a hospital nurse. , Kresnlc
said he hoarded th car late last night, be
lieving it would carry him otward Jersey
City. Instead, the car was going east.
When It stopped at the East river terminal
Kresnlc declared th conductor In uniform
entered the car, turned out the lights and
then attacked him with a blackjack. While
he waa dased by the blows Kresnlc said the
conductor robbed him of his gold watch,
diamond ring and all his money. While he
was only half conscious Kresnlo said ha
was thrown off ths car, which quickly
started on Its return trip. -
The police are Investigating th case.
i -
Picked Up In Denver SulTerlnar from
Drugs nnd Expires on Road
4o noapltal.
PENVTCR, May 15. (8pedal Telegram.)
Strong drink and morphine made a physical
and mental wreck of Mart A. Putnam, It
la said, and this morning caused his death.
Once a prosperous and respected business
man of Sidney, Neb., he was picked up un
conscious on the street this morning and
died on his .way to the county hospital.
Several years ago, after he had lost his
fortune, he secured a position with the
Deere Plow company. He attended strictly
to duty until about two -months ago, when.
It Is said, he began to drink heavily and
use morphine. A married sister at. Sidney
haa been notified.
Dollle Bloom, Owned by P. A. Ames
ef Boston, Gives ififOl Gallons
in Year.
NEW YORK, May li.-The world s rec
ord milk production for a year by a single
sow has been broken by the Guernsey,
Dolly Bloom, according to the report of
Secretary William H. Caldwell at the an-
nual meeting or the Guernsey Cuttle club j edness in office. Immediately after tiulr
here today. Dolly Bloom's record for the election I got them together and I said to
year was 17.2S7 pounds, or about J.oa gjl- j them: Now, you , If any one o?
Ions. Sb 1 ewhed fcy F, A. Ames of i you takes a dollar, I'll prosecut you my
Boston, J.' X UMMLUt lb X waa. la ssnsrat.
Ban Tranoiseo tee Takes This Step to
Avoid Trial for Extortion.
Says Btrsin Would Hare Killed Eis Father
and Mother.
Freesnra from Without Oatied Eim to
Connive at Corruption.
Many Acts ef Graft to Keep In Line
the Alleged Labor Leaders That
tho Mayor (lathered
Aroand Him. -
SAN FRANCISCO, Cal.. May 15-Abra-
ham Reuf, better known aa Abe Reuf,
the acknowledged advisor of Mayor
Schmlts and once the recognised dictator
of municipal affairs In San Francisco,
pleaded guilty to the charge of extortion
in Judge Dunne's department of the super
ior court today. Sentence will be pro
nounced upon him two weeks hence.
After a private conference with his four
attorneys In Judge Dunne's private cham
bers this sfternoon, and after they had
withdrawn from his case because of the
resolution he had taken to change hie plea
and avoid trial. Reuf. to the uttor astonish
ment of the prosecution, arose In court and
announced in a dramatic address that after
long and earnest consideration he had de
termined to withdraw his plea, of not guilty
and enter a plea of guilty. He asked that
tho Jury be dismissed and the trial aban
doned. , '
Reuf read his statement f rem a man
uscript which he had prepared In the pres
ence of his attorneys a few moments be
fore Judge Dunne's chambers oponed.
He showed in his voice. In the expression
on his face, In- his quiet and gestureless
attitude, and by the tears that again and
again overflowed his eyes, the great mo1
tlon and utter humiliation that he suffered.
The pathos of the scene was communicated
to the crowd that thronged the court room.
Tears sprang to the eyes of veteran news
paper men who have been lifelong ac
quaintances and whose papers have con
ducted against him and his political asso
ciates a long and bitter campilgn for th
purification of municipal affairs. The ac
cused man was several times all but over
come by emotion. When he reached th
final words of his address "I desire to
withdraw my plea of not guilty and enter
the contrary plea" his volco was sunk to
a whisper. But so Intense was the silence
that It reached to th far'corner of he
Though Abraham Reuf haa formally "de
clared himself to be guilty ot the charge
on which he ton about to he, trlc h
nevertheless proclaims his innocence. H
confessed that he la guilty of having con- '
nived In th corruption In "municipal ' af- "
fairs, but ho denies.- with all th emphasis
a man In his unhappy position can com
mand, that he 1 guilty of ths crime of
extortion charged against him. He -declares
that hla sole motive In accusing
himself in open court was to save the lives '
of those who are nearest and dearest to
him, hia aged father and mother, hlg
maiden sister and. a niece.
Reuf Talks to Reporters.
In the course of a long and frank conver
sation this afternoon with a representative
of the Associated Press in a room at the
house. No. 849 Fillmore street, which for
the last month or more has been his
prison, Reuf said:
"I changed my plea to guilty today, yes;
but I pledge you my solemn word that I
am as innocent as you are. I have been
guilty of conniving at the corruption of
municipal officials by corporations, but In
these French restaurant rases I am not
guilty. Since my action of this morning I
can havs no motive In misleading you on
this point. I shall not mislead you. Never,
never in the wide world could I have been
convicted on 'this charge. No. one knew this
as well aa myself. Then why, you ask,
did I plead guilty T I pleaded guilty to
save the lives of those who are nearest
and dearest to me on earth. I am not over
stating th truth when I tell you that If
my father, my mother and my sister had
been compelled to endure the strain of
my trial, lasting at least two months and)
possibly longer. It would have cost their
Ruefs eyes were filled wth tears when he
said this. He turned and for a full moment
gazed out of the window unseelngly. When
he' had mastered himself he turned and
with wet eyes, but a steady voice, went on:
"You don't know what they have Buf
fered In these last few months, and I would
not tell you if I could. Why, night after
night every night my father and sister
have come up here Into my room and sat
for an hour, aaylng nothing, seeing nothing.
I could not stand It any longer."
Again the tears and the choking and the
long look out of the window.
"Last night I gathered my family about
me In this prison house of mine and pre
pared them for the act I had determined
upon. That would mean one day of sor
row. To go on would have meant months
of agony and death.
"I don't know what my sentence will be.
For myself I do not greatly care. I hav
mad no confession. I know much. Boms
things I shall tell. Some things .1 shall
not tell. Whenever an Innocent man has
been forced Into corruption against his will,
that man I shall protect.- Whenever a
man, be he high or low, has entered Into
corruption with bis eyes open, that man
I shall expose.
Blame Placed oa Schmlts,
"I will not say at th present moment
that Mayor Schmlts Is guilty of the charges
that have been brought against him or that '
he la Innocent. I will say this: I Wanted
to break away from Schmlta before his
re-election a year ago last November and
said to him: 'I am sick of the whole thing
and I want to get out. I can't atand for
all these labor union bums you have gath
ered around you and will sppolnt. They
would eat (he paint off a house.' In an
swer the mayor begged me to stay with
him and put up th argument that these
fellows must be allowed thetr altar or
we could never hold the machine together.
There waa all too much truth In that.
"I stayed with Schmlts and I stayed with
the machine that I at great labor and palna
had built up."
"Before the boodle board of supervisors
i wero elected I warned them against crooi-

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