Newspaper Page Text
i 'sssss' The Omaha Daily Bee tzz
VOL. XU-NO. 102. .OMAHA, SATURDAY MORNIKO, OCTOBER H, 19;iTWEyTY PAGES. SINGLE COPY TWO CENTS.
Uefense in Trial of James B. Mo-
Samara Aski that Nelson Be
Dismissed for Cause.
jfcEPROVED FOE HIS HESITATION
l&dmite that He Has Already Formed
Opinion in Case.
LSTATE WITHDRAWS OBJECTION
District Attorney Allows Query to
mSKLD ABOUT LABOR UNIONS
rU)Mtorere iiioinc that Defendant
tu4 etle Vnlreuaa
e to HI Attitude.
tOB ANOBXJti. Cal.. Oct. li -After
iuuib of persistent questioning, th d-
fena la tha murder trial of James B
SlscNemare challenged tor causa Venlre-
Rnu Z. T. Nelson, near th and of tba
Nelson was tha first venireman exero-
pned In tha trial of tha first of tha cud
ueeultlng from th explosion whieh
igvreejcea me u Angeles Timea nunamg
jw ago. .
tVom tha start, Nelson's extreme heel-
UtaUc-n In answering questions put by At-
Mom? L Compt Davis for tha defense
kwas generally noticed, and' It flnaily
puvuflll 4l tamomuon irow juucv
"Have you any opinion that, would re
quire evidence to remova?" wae the
foqueation finally hit uporl that drew a
I think I have." said Neleeon, and
Jater amplified this to Include "an opin.
Ion as to the guilt or innocence of the
Assistant District Attornay Q. Ray Hor
mton, for tha state examined Nelson
briefly, eliciting a reiteration of the as
sertion that' ha would need evidence to
..remova his opinion, with tha supplemen-
ktary declaraUorl that ha thought be Could
give a fair trial. .
Examination of Talesman Z. T. Kelson
tt Pasadena, was tha first proceeding set
fcefore Judge B. Walter Bordwell In the
tj per lor court today in the murder trial
of Jamas S McNamera. Questioning of
talesmen, frequently regarded as a dismal
prooeadlnr. furnished in this ease Intense
Interest to ipeetators and parti tans, be
cause it was expected to define. In ad
vance of the opening arguments, soma of
the essential Issues of the trial, which Is
designed to show whether tha defendant
is responsible for tha death of Charles 3.
Haggerty. who with twenty others was
rkilled in the Ls Angeles Times explosion
over a year ago.. For nineteen or. tnese
deaths Jama 8 McNamsr is bald on
Indictment, but tha state has elected to
go to trial on Haggerty ciss. ' i .
, Ice veniremen had a.Uttle automobile
ride early today. They came into court
svith briat)ln beards, it having developed
that none of them was accustomed to
have hlmselt. Various types of raiore
wr sent up to their room, and rejected.
! flhpy thereupon decided to request the
appointment of. a barber who should be
, sUJowed to shave them under- the super-
vision of a deputy' sheriff.
I The prisoner, accompanied by Sheriff
J Hammel, sauntered Into court, nodding to
averal friends. He took an Inconspicu
ous soat against the rail and chatted for
a minute witn vierenc o. uny".
It was 10:40 o'clocx when court con
vened, ' -
jr.' p.' Poppenbosb was selected to fill
! the vacancy in tha panel. District At-
i inmv Frederick informed tha court'
! that be would like to withdraw his objec
i tioa to the unanswered question directed
'to Z. T. Nelson on Wednesday. The ques
"With reference to the officers and men
I prho direct the management of the. af-!sJU-
of labor unions, no you bailava that
ba graat majority of them are lawless
i L ryppie Da. vis immediately asked the
.on pf Mr. Nelson, who replied.
"X dost bailava I can answer that ques
tion. I don't know anything about tne
I Officer.' "
"Well, what Is your belief about them? '
f T don't know anything about them."
Tou mm to hesitate before answer-,
;faa. Have you any doubt?"
I "j can't say." v
I "Tou realise that, tha defendant Is. on
trial for a matter that concerns laboj
g animation. 'and yon have eft-opinion
jotit tha majority of tha officers being
1 law leas, man?" '
"A great many are and a gTeat many
"About ball and half, then r
-1 couldn't say."
If you thought a great many you
ould say r'
; lf my mind waa made up."
j Uoo't you know,' Mr. Kelson', that you
iftra prejudiced against officers of labor
1 "No. I should not say so."
'The prosecution ODjecien ro him
tf questioning as assuming that the
(veniremen know that tha defendant was
Ta member of organized labor and that.
tno evidence or proof to that effect bad
n you deny the defendant is V asked
"Wt are not giving testimony." an
(Continued on (ecAnd Page )
For Nebraska Fair.
For lowa-Oeoarally fair; cooler.
Tsepartnre ut Oasaba Vaaterdar.
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Government Wins I
. Civil Suit Against
. tHe Bathtub Trust
BALTIMORE. Oct. 13 -In tha United
States circuit Court here ..today Judge
John- C. Rose rendered a decision In
favor of tha government in Its dissolu
tion suit against the Standard Sanitary
Manufacturing company and others, tha
rso-called "bath tub" trust. Judge Prlteh-
ard concurred with Judge Rosa, while
Judge .Ooff. dissented that -tha decision is
most too sweenlng'ia Its character. Edwin
P. ,Grosvnor, special assistant to--the
United Stataa attorney, and United States
District "Atttorney PhiUlp Hlir of Balti
more, who .conducted tha esse for tha
govamment. stated today that todays
decision supports 'the government's con
tention on every point.
Tba action was brought ' under tha
Sherman ' anti-trust s law. In ' case of an
appeal , it will go. direct to the United
States supreme court.
While this decision "Is in a separate
case from tha. criminal action against tha
alleged trust at Detroit, the proceedings
ooncera the same' subject matter and
are against tha same defendants.
Under the court's ruling Edwin U.
Wayman. patentee ot an enamel dredger,
wbo issued licenses of tha patent to th
defendant concerns, ts. held as much sub
ject to the laws governing monopoly as
any other man. and while he still has
the right to exclude all others . from
msicing use or nis patents, tie cannot
have tha right -to sell indulgences" In
.violation of the anti-trust act. It was on
tha patent holdings of Wayman that .tba
fifty defendants in the case upheld tha
right of their action in tha combine and
tha government maintains that this was
but a subterfuge.
Judge Goff s. opinion in dissent was
brief. He held that tha facts estab
lished by the testimony considered in the
light of the law applicable thereto com
pel . me to conclude . that the allegations
of the petition have not bean sustained."
DETROIT. , Oct 13.-The criminal cases
against more than a score of firms and
Individuals-alleged to be in . the "batb
tub" trust probably wilj come up at the
November term"6f the federal court
here. All the defendants have pleaded not
of Bloody Battle
.. Near Tripoli
TRAyKruRT-ON-THE-lAIK. Oct li.
--The Frankfurter Zaltuagls correspond
ent at Constantinople forwards a dispatch
dated Tripoli, saying:.
'A. fierce engagement occurred between
the Turks and Italians on a hill in tha
neighborhood of the city. The Italians
lost 1.600 killed and wounded Tba Turks'
casualties war slight.".
There Is no .ccflfiMsxt'e eJ'tia' tsv
patch, which 1 at warlanc witb recent
Trlpelttan ntv reaching bare .thaouglt
othar ebannaia' .
CQKEIANTIKOPE, Oct. flL-Tha gov
ernment today ordered the emulsion
within twenty-four hours of all Italian
correspondent la CnetaattaAnie.
A society bag bean organised to 'wags'
on v economic - war against Italy. All
Ottomans are asked to sign a declara
tion, to uasa all dealings with Italians.
The newspapers' endorsing this campaign
advise Ottomans to influence th young
to Incur hatred of Italy.
ST. PETtR&BURG, Oct UL-The text
Of tha Russian note to Turkey regarding
the free export of Russian corn was
made public today. In reply to a .verbal
remonstrance .Turkey has , said' that' It
Intended to act according to the deciara-'
Uoe, of Jyadon of JJX.
as this was considered .unsatisfactory
to Russia, this government presented a
written 'demand wherein It was pointed
out that' Russia considered that cargoes
or corn were subject neither to arreet
nor confiscation when - addressed to
Russian ports In the Black sea or to
Italian ports so lpng,as the cargoes were
not destined' for the' Italian, field forces
or Italian official consignees.
Turkey has not replied.
ROME (Via . f rontier)', Oct. ' U Al
though tha government considers that
tha present expedition of .Ono men (wll
be sufficient for the complete occupation
of "Tripoli, the ministry of war has pre
pared for an additional expedition in -case
ot need. . ' ' ,'
Four aeroplanes ' have arrived from
France.. They will be sent to Tripoli,
where they. will be piloted by Italian of
ficsrs, who will undertake to drop bombs
to to the enemy's encampment. ..
ELEVATOR IS ARRESTED
A BEDEES , 6. D., Oct. 13 I Special -The
financial difficulties 'in which "the
fcouth Dakota Farmars' Elevator com
pany . found , Itself , involved a week . ago.
when tha suspicions ef the directors was
first aroused, culminated yesterday in
tba arrest of W. B. Robv of Verdon,
general manager of tha seven elevators
owned by the company. on" an embesile
ment charge. Roby was- arraigned In cir
cuit .court today and his bond was fixed
at sa.OuO. which he was'.unabie to furnish
and was lodged In the Brown, county-Jail.
. J.tTollefson has been p aced In charge
of the company's affairs, temporarily, as
manager, and tha elevators, which -have
haen closed for.. the .last .weekwill open
again. Beveral partly rtmsnea letter
were found in tha elevator safe ae Ver-
des. in Reby's handwriting, which hinted
t suicide. - It Is believed Roby first be
came involved, through losses In specu
lation and that he steadily got In deeper
as- he plunged more heavily in an at
tempt to retrieve hie losses, lira Roby,
his wife. . snd Charles Roby. a brother,
are bare doing everything in their power
to aid th prisoner. '.
PARK SAYS ALL ILLINOIS
-: CENTRAL TRAINS ON TIME
CHICAOO, Oct. ' U.-Vloe President
and General Manager W. L. Park of
tha Illinois Central railroad, accompanied
by Chief Engineer -A 8. -Baldwin, left
today for a ten days' tour of Inspection
of the Una ,: ,
Mr. Park said that trains were running
on every division without interi uption.
..J. W. Kline, present .of the black
U ! truths, llt today for Washington to
confer with Samuel Oompers, president
cf th AsneiSu t'edtjst'.ea of Labor,
Garrison of Peking is Honeycombed
with Republican Sentiment and
City is Threatened.
TBOOPS ABX ORDERED TO CITY
Army that Had Been Ordered to
Maneuver is Recalled.
RUMOR REPUBLIC PROCLAIMED
Head of Insurgent Army is Declared
DR. SEN IN THE UNITED STATES
Ma First BUK-eted for Head of
New ' Government la Here oa
Lee tar Toar and la Xa
tlv ot Hawaii.
PAN FRANCISCO, Oct . U Advices
were received here today by the Chung
Hal Yat, (tha Chinese Daily World), that
the revolutionist in Chin have declared
republic, electing U Yuen Hung lieu
tenant commander of tha Imperial new
FEKIN, Oct. U.-3una today faces an
unprecedented crisis. With the spread ot
revolutionary activity the opinion Is gain
tr-,1 ground that tha fata of tba ruling
dynasty hangs In tba balanca
' Tba revolution to no longer confined
to tha central provinces, a thousand
miles away from tba capital Fekin it
self to threatened.
Members ef the cabinet admitted today
that tba garrison here is known to be
honeycombed with the revolutionary sen
tlment Tba saoia condition exists Id the
two great military posts which guard tba
capital. Fan Ting Fu and Tien Tsln.
There are still official attempts to
minimize the gravity of the situation,
but tha reports reaching the capltol give
little basis for hop, today's news in
cluded report that Chung King was in
danger, that I-Chang had been taken.
that To Chow bad fallen and that com
munication between Hankow and Chang
Bha. tBe capital of Hunan Province.- was
. An edict published here today offers
pardon to' all revolution members "who
were- coerceded Into' Joining tb rebel
lion." The pardon Is conditional, however, on
their expressing- suitsble repentance for
Troop Ordered to p-ekinc
The government toqay followed up its'
act of yesterday cashiering tb viceroy
of Wu Chans by extending the same
treatment to General Chang Pioa. the
commander' of the troops in tha Wu
Chang district where this week's out
Every effort af tie authorities for tb
present will be cantered in an attempt
t provide adauat' defense for tba
capital of tba ampira Tha program for
tba autumn maneuver in Kai Fong, 409
miles south of Peking, wtter - .(U0
troops ware to hafo partioinatad '.in ex
tensive drills, was cancelled today and
the sixth division of the army was or
dered to entrain this afternoon for Fong
Tel. a suburb of this city.
Tha government in its report on the
situation to. .Inclined to convey th im
pression that revolutionist - are., without
trained leaders or adequate organisation:
But the revolutionists have - a reliable
chief, well versed In military affairs in
General L4. Quan Hong Secret advices
received .here Indicate, moreover, that
r fcup Yat pen, whom ta revolution
ist hope to elect president of a Chinese
republic, was at Shanghai last week and
may by now be on tba scan of opera
tions at Wu Chang. or Hankow. y
Desolation la Haakon.
HANKOW. China. Oct. 1&-Thls city
was a seen of desolation today. Al!
night ' long' Incendiary fires . burned
throughout tb native quarters and It
was a night of terror for the populace.
There was a massacre of Mancbu fam
ilies which left large numbers ot dead
and to add to th danger all tba prisons
were opened and tha inmates released to
wander about the town.
The revolutionary organization is mak
ing every effort to restore order and It
is . announoed rioters herever caught
will be severely dealt with
The revolutionary army Is strongly
entrenched in Wu . Chang and Hang
tang, with guns, mounted In command
ing posltlona 61 no the capture of the
Hang Yang arsenal there hsn been no
solicitude regarding the supply of am
munition and the leaders declare that
(Continued on Beronri Tag)
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CASH FROMJMAHA STOLEN
Registered Package from Sheridan
Coal Co. Taken from Postoff ice.
CONTACTED MORE THAN $5,000
Moner Wa Intended for rmet
, ef Pour Hnpdrd Mine Em
ploye at Mel berry en
later day. "
FITTSfcrjllO. Kan., Ort. 1 -Fibbers
who entered the postofflce at Mulberry,,
fifteen miles .east of Pittsburg, early to
day, escaped with several package of
registered malt. One package Is said to
have contained SlO.AflO. being sent to the
Sheridan Coal company to pay Its rain era
Neither-th officials of th company nor
the postmaster will talk about th loas.
No clue to th robbers ha been found.
L. -C' Cbance. United States postoffloe
Inspector of Port Boott, was notified of
the robbery and Immediately took charge
of the investigation.
Mar from Omaha.
KAN6AP- JTT. Ha, Oot. U-At tha
offices of the Sheridan Coal company la
this city It wa admitted today that a
package containing between SMMO and
10,000, addressed to the company's offloe
at. Pittsburg, Kan., bad disappeared in
(Continued on Beuond Page)
Preparing for the Land Show
- - n ' " " - -t Ik ', I - " ""-'. .
BLir lN6itlt AND OUT - AT THJC
Wilson Will Tails; to
WASHINGTON. Oet. iaAy doubt ts
to Secretary Wilson's purpose to address
tba National Brewers' congress st Chi
cago ws dispelled today when Mr. Wli.
son ststsd he would speak before th
ccnjr'i Wednesday-, It is understood
his address of welcome as honorary pres
ident will be short. Many letters criticis
ing th secretary for accepting the honor
ary presidency of the brewers' congress
have been received at' the department
Host of them have been personally
answered by Secretary Wilson.
Another Big Jump
in Coffee Market
NEW YORK. Oct 13 There was an
other blg Jump In the coffee msikft this
morning, with contracts fr future de
livery selling from 36 to 4'. points above
tha closing quotations ot last Wednesday
at th opening. The price at December
contracts advanced from 14 3bo to 14.4fto.
Latter reaction of several points oc
curred, but the mar Wot still showed gains
of from 30 to SS points around midday.
PAROLES FOR TWO MORE
BANKERS IN LEAVENWORTH
LEAVENWORTH, Kan.. Oct. U
Paroles have been ordered for two more
bankers in the federal prison hare. They
ar H. T. Wells, a former Kenosha, Wis.,,
bank clerk, and- H. O. Ooll. who wa
oonnected with the Blgttlow bank In Mil
waukee. Thirteen orders for parole have been
received here as a result of that meeting.
None of these is tor John R. Waiah. It
Is said that only four bankers. T. H.
Nocolal of Auburn, tnd., and J. H. Phil,
lipa of Terra Haute, whose fata became
known yesterday, and the two Wisconsin
men have been ordered paroled thus far.
With the passing ef Phillips, Walsh
loses his ronmmete, wuo aleo was the
roommate of Frank G. Blgelow before he
left the prison. .
" -Tiv v. 'fl
A ' v '
VvKtRE THE SHOW OPENS
SPECIAL DAYS AT LAND SHOW
Ten States and Many Societies Are
to Be Represented,
EXPOSITION OPENS ON MONDAY
jDpealna Has Bs psautd Trt-
' City lbt, ott Wk-lak Uovereer
V ' Aldrli h Will Be Present to
. Deliver a Address.
Fe numerous have bant) th requests
of different organisations and societies
of Omaha for the reservation ef a eer
ta:n day at the Omaha Land show, which
rn Monday, evening,,, tht th. man
SRoment baa had to increase Its. of tics
force to answer letters and tlx 4tt
The first night, Monday, October 1,
will ha tri-olty night Oovernor Aldrleh
and the mayors of Omaha, Bouth Omaha
and Council Bluffs will speak.
Tuesday afternoon will be Idaho and
Utah state day and the Ladles' Con
cordia society day. The governors of the
two states wUI speak on this day. Th
ovenlng win be devoted to th Cpoynar-
ciai oiuo ana the newspaper men
weaneaday afternoon will ha Unlver-
ity of Omaha day. Tba girls will. put
on a mlnietrei show, and th boy a comic
foot ball sketch, and tha domestic selene
class win have on display exhibits of
their work. The evening will be Utter
carriers and, good road movement nlgbt,
Nebraska Stale Day.
Owing to tha fact that Oovernor Aid
rich catrnot attend Wednesday, October
U. Nebraska state day baa been changed
to Friday. Tba program for this, day Is
in merge or w. ti. Manor of Lincoln
Dr. C. A. Condra, Prof. C. W. pugsley,
George Coupland. Charles Coffey and I
van Tprrell. ,
Wednesday, October Si, will be tailfor
nia day and Tbuisday afternoon will be
given over to the Woodmen of the World
The evening will be society night.
The special attraction ot the first week
will be Captain Trtebor's trained seal
circus. Ferullo's great Italian band , be
hen secured for tb second week.
JOHN H- SMITH. PROMINENT .
MORMON. DIES SUDDENL
SALT LAKE CITY, Utah, Oct. 11 John
llenrv Smith, a member of the first pres.
Idenov of the Mormon church, being sec
ond counsel to the president. Joseph F
fml!h. died bare early today, aged "
years He retired In his usual health last
night, and about midnight was teued
with a hemorrhage of the lungs, dying
thirty minutes later.
John Henry Pmjth wu born In what
Is now Council Bluffs. Ia., and when a
mall boy crossed the plnln to V'tah.
He was one of tha most prominent men
interested In the deve.opment of tb
west and Is well known throughout tht
country. He was president ot I'tah's
constitutional convention, and In
pr.IUent of the Transmlsslsslppl Com
Two wivet, fifteen children and eighteen
grandchildren survive Mr. f.ml(h HI
death occur id at the home of Ills sec
ond wife. Joephlnf G Sm.th. His ft; t
wife, arah Farr fcmlth,' Is now in Chl
raeo visiting relatives. .
MEXICO GRANTED PERMIT
TO MOVE TROOPS
SACFMENTO, Cal., Oct. U-WhU
on the platform at the stats capltol her
today President Taft telegraphed tha
State department at Washington, direct
ing the department to grant permission
to the Mexican government to transport
troops through American territory from
Juares tc a point opposite NogeJaa in
The president said that there was suf
ficient precedent for granting such per
mission and replied in th affirmative
immedlaUly upon tha receipt of the re
quest from Mexico City.
President Taft Upholds Agreements
Made with Honduras and Re
public of Nicaragua,
POLICY FOR GOOD OF COUNTRY
Will Result in Upbuilding" of Small
IMP0RTAKT TO UTSTTED STATES
Designation "Dollar Diplomacy" the
Word of Mackrakers.
SETTLE DEBTS ON JTPST ' BASIS
rlaa-e StbUUr Where Areatly
Weeded aad Rnsll WIU add
Comsaesne ef Aoveraesent
SACRAMENTO. Cal.. Oot. lA-Presldeftt
Taft s first complete speech in California -
was delivered here todav from the step
of tha st st capltol building. TJie preal.
dent spoke In behalf of proposed trestles
with Nicaragua and Hondurst and vigor
ously defended the policy of th adminis
tration, which ha said "muckraking
journals" have labelled "dollar diplo
macy." Broadly speaking, President Taft
ssld the proposed treaties with these
countries before tha sensta would secure
tor them a financial agent In the United -
States who Would settle their existing
debts oh a just basis snd who would
point the road to peace and prosperity
to two republic rich In natural resources,
bat torn by' strife snd revolution.
Th president pointed out th efficacy
of a similar sirangsment with fanto
Domingo, where this government collected
the customs and tees that foreign debts
are paid, according to a beneficent super
vision that Mr Taft Said has accrued
to th upbuilding ot Panto Domingo. Oh.
Jectlnn to the treaties In th United States
senata tha president said, was bad
largely upon tha proposition that they
would make entangling alliance with
republic In tbls hemisphere tor the pro
motion of a banking contract, since the
money for th payment of the, debts of
tha two republic would be furnished by
American Interests Another subject dis
cussed by the president wss that th
Monroe . doctrine wte sufficient bond be
tween tha United tu and Latin Amer
ican eounlrles. .
"It Is objected that this is 'dollar diplo
macy,' " said tha president, "and that w
ought to nave none of a. Give a dog a
bad name and you know what follows.
To call a piece of statecraft dollar
diplomacy' is to Invoke the condemnation
ot tha muckraking journals, whose chief
capital Is In tha use of phrase ot a
lurid character. Tha United States did
not enter Into this treaty for the promo
tion of it own banking business or that
of any of tg eltiseqs. It was thought ad
visable to favor a contract with American
bankers rather than with foreign banker,
be a use suob a contract would tend to
keep trad with America. This Is the
correct object and purpose of diplomatic
Address ef e Preside.
The president said:
Id hi opening remarks the president
tola of the presentation to tb senate for
ratification of the treaties that had btn
negotiated to secure loans tor th repub
lics ot Honduras and Nicaragua, and of
the progress of th desire of peace gen
erally among nations. The conditions
that prevail In the smaller republic on
tb American continent were sketched,
arid the Importance of their having stable
government shown. Canto Domingo was
cited as an illustration. Sine the plan
ot President Roosevelt for control ox the
finances of that country has been effec
tive, its debt is being rapidly dlaoharged.
Its revenues ar greater than ever. Us
people are at ' peace and capital la being
employed and enterprise extended. The
continual menace to peace of the turbu
lent government in the. smaller countries
of Our continent, and the desirability df
having them on a peaceful basis was
pointed out, and tb president went on,
referring to tba main topic:
"There 1 a very decided objection in
the senate to the approval of theae
treaties I doubt if I can fairly state
these objections. This Is due, 'perhaps,
to the depth of my oonvlrtlon that th
trsatie ought to be ratified because they
are of the utmost importance in th pro
motion of peace on this bemlsphere. In a
region where there has been no peace,
Tha general argument seems to be that
e ought not to Involve ourselves In en
tangling alliances with republics In this
hemisphere, or to engage in what seems
a mere banking arrangement for the pro
motion ef a banking contract. It Is ob
jected that this Is 'dollar diplomacy,' and
I hat we ought to have none of It. Give,
a dog a bad name and you know what
follow To call a particular piece of
statecraft 'dollar diplomacy la to- Invoke
tba condemnation of muckraking journal,
whose chief capital Is In the us ot
phrase of a lurid character. The United
tare did not enter Into this treaty for
th promotion of Its own hanking bual.
nets or that of anv of Its cltltena It '
was thought advisable to favor a contract
with- American bankers rather than with
foreign bankers, because such a contract
(Continued on Fifth. Page.)
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