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Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 09, 1911, NEWS SECTION, Image 1

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The Omaha Daily Bee
NEWS SECTION
PAGES 1 TO 12
WXATKtTs I UTvLT.AS'l
Generally Fair
VOL. XLl NO. 150.
OMAHA, NATlKDAY MOHXJXU, OEOKMllKIt 1 'I'M ' XTY-FOIK PAdKS
'SIXULK COPY TWO CKNTb'.
v.v
LARSON GUILTV;
. LIFE SENTENCE
Ilea of ."Unwritten Law" and
Insanity Fail to Win Jury'i
Sympathy.
DAY AGAINST "UNWRITTEN LAW"
Court'i Instruction! Make Clear Snch
Defense NotNRecognized in Law.
ROGERS CASE GOES TO JURY
Fremont Trial Ends and Matter
Under Consideration.
MRS. RIGHT ER AGAIN ON STAND
"W oman . Extremely III and There la
Poaalbllltr Arllon Against Her
Mar Never Re Hronght
to Trial.
TEKAMAH, Neb.. Dec 8.-Speclal
Telea-ram.) Frank Jargon, accused of
murdering his brother. Charles Karson,
nid triad, before Judge George A. Pay
In tha district court here thla week, was
found guilty of first degree murder by
the Jury at S o'clock last night. ThJ
Jury fixed the penalty at life ImprlsoV
ment.
The ca'o wrnt to the Jury yesterday
niornli., .I'.nlr.e Pay. In Instructing the
Jury, made li dear that the "unwritten
,Jaw" la not a U .1 defense to a charge
of murder. Ills Instructions covering the
Insanity plea were the well established
statutory ones, but werr regarded as
favorable to Larson, In view of some of
the testimony Introduced In his behalf.
JDROHS TAKK atODGERS CASE
3lan A conned of Mnrdrrlng C hild
Will Soon Knovr Fate.
FREMONT, Neb., Deo. 8.-SpeclaI Tel
egram.) The Rogers murder . case was
submitted to the Jury ut 5 o'clock this
evening. This morning MWr Rlchter was
called in rebuttal and testified in regard
to statements to Sheriff Haumamf pre
vious to her arrest about the birth of the
hlld. She was very feeble and had to
be assisted to her chair. Judge Stlnson
made the opening argument for the state
And Frank Dolezal and F. V.. Button ar
gued for the defense. County Attorney
Cook closed. Judge Hollenbcck In his
Instructions to the Jury defined conspir
acy and charged the Jury that If Rogers
was implicated with Mrs. Rlchter in dis
posing of- the child he was a- principal
and guilty. Mrs. 'Rlchter Is suffering
from nervous prostration and the effects
if child birth, and it is probable that her
condition is such that thet case agHinst
kee will nvi..be tried. ' '
DEPUTY UNITED' STATES . . ,
MARSHAL SHOT AT MEMPHIS
MEMPHIS, Term., .Dec. 8.-Victor c.
Benner, United States deputy marshal
was killed and George W. IJllaway,
deputy marshal, and Charles .MyCaJmap.
railroad guard, were seriously wounded
early today In an exchange of shots be
tween a posse of deputy United States
marshals and railroad guards In the
Nohconnah yards of the Illinois Central
railroad in the outskirts of Memphis.
Conflicting reports were made as to the
origin of the trouble, it Is presumed tfce
I detail of railroad guards was mistaken
In the dark by Benner and his force for
negroes they had been summoned to dls-
perse. The exchange of shots Immedi
ately followed the arrival of the deputy
marshals aboard a switch engine.
DENVER MAN HOLDS RECORD
FOR PHYSICAL STRENGTH
NEW HAVEN, Conn., Dec. S.-The tests
Just completed by Dr. Horn at the Tale
gymnasium of the freshmen classes show
that the strength test or Karle O. Klstler
of Denver stands intact. H. A. Hum
Jielly of Owego, N. Y., is the strongest
nan In the college freshman class, with
a total of 1,657.8 points. The record held
by Klstier Is 2,270.
At the time Dr. Born gave OHt Kistler's
figures he said that the record Mood for
tests "-made during five years, which was
the pcrtpd In which the present system
liad beenused.
Klstler, who was coach of the fresh
man foot nail team this fall, Is con
valescent from typhoid fever at tha In
firmary. ...
The Weather
FOR NEBRASKA Fair, cooler extreme
southeast portion.
FUJI iuVA Generally fair.
Temperature at iimaM Yesterday-,
Hour. Dee.
u
6 a. m. 42
i a. in 44
7 a. in 41
8 a. m 4
a. m
m Ma. m 4
ri, Jl
1 m 44
L 1 f- m 4i
ti P- m 47
i-' 1 p. m FO
D P- rn f,,
6 p. m 48
P. m 47
7 P. m 46
8 P. m 44
Comparative I. oral Record.
1811. 1910. 1RU9. ISHK
Highest yesterday & 2H S 39
Lowest yesterday 42 5 f 21
1an temperature ' art 1 3u
Precipitation .- T T .00 .00
Temperature and precipitation depar
tures from the normal:
Normal temperuture 89
Excess for the day
Total excess since March 1 0.10
Normal precipitation wt Inch
lietlclency for tfc,e dav " 01 inch
Toial rainfall since March 4 13 J ,nc .es
fieftdency since March 1 16.26 Inches
Deficiency for cor. period If lo.U.ei Inc ,e
Excess for cor. period. 1W0 t.M Inches
Itevorts f rum Statloaa at T 1'. M.
Etatlon and Stat Temp. High- Rain-
of Waather. 7 p. rn. sat. fall.
Cheyenne, clear SO 4ti .00
Jjavenpoi't. cloudy 63 H .to
) Oliver, clear 44 M .(
Iks Moines, part cloudy,. 44 ho UJ
Dodge City, cloar 42 It .0)
uJer. cluar L'4 ti .ui
North Platte, clear :9i IA .'
llriiHlui. clear 14 hi T
J'uhoIj, clear 4'i it .ixi
Rapid City, clear u fri .
hait l-k City, clear i :'K .,
Hanta Ke. rltr ti 4 .i
hlierldan. clear H ( I .00
r"loux City, clear 44 4 .i,)
Valentine, clear jW ti .00
i' l.ulicataa traca of precipitation.
linil.ate below tero.
L. A. Wtl-tll. Ucal Forcastr.
I
TJic National Capital
Friday, December S, 1ll.
The Senate.
Not In acsflfoii.
Meets Monday at 2 p. in.
lxrlmer senatorial Investigation con
tinued with witnesses fur the defense.
The House.
Met at noon.
Bret sugar farmers sunpoenaed by
Puxar trust committer to refutn testi
mony of peonage In Col-.n-ndu.
Representative Moon of Pennsylvania
denounced reports; he hud a "near fist
fight" with Representative Thomas of
Kentucky. .
Bill for semi-annual tobacco census
passed.
General service pension bill debated.
Mexicans Searching N
Border. Towns for
General Reyes
NEW ORLEANS. Deo. .--Soon nfter
the steamer Burstan had received clear
ance papers today for Frontera, Mexico,
agents of the I'nlted States customs and
secret service-went along side In a gov
ernment launch and a thorough search
was made for evidence of a filibustering
expedition to Mexico.
MEXICO CITY, Dec. S.-Furthrr mys
tery regarding the movements of General
Reyes has been created by a news re
port from Pan Antonio that he had passo.l
through 8t. I.ouls, but the belief is still
held that he Is in the vicinity of Browns
ville, as was reported by a secret agent
of the Interior department.
fcmall uprisings are reported from Han
Martin, in the state of TlaXiula and also
in the neighborhood of Tchuacan in the
state of Puebla as well as on the. southern
border of Zacateca. To all of these dis
turbances the milltiry authorities arc
paying close attention. The situation In
Vucatan is said to have Improved.
SAN ANTONIO, Tex., Dec. 8.-H Is re
ported here, this afternoon that tieneral
Reyes, accused of violation of the neu
trality laws, who disappeared from San
Antonio early this week, is In Camargo.
Mexico. Mexican turc-t service agents
have been seeking Reyes for two days
and 'have been close on his trail several
times, It Is reported.
Camargo' Is on tho National railway
about 100 miles from" Brownsville, Tex.
The distance by air lino to the American
border, however, is not more than twenty-five
miles. Reyes was believed to have
been at Brownsville yesterday.
Pinchot Praises
, "VYork of Secretary
Fisher in Alaska
CHICAGO'. .Dec. 8.-In an address be
fore the National Irrigation congress here
today Olfford Pinchot commented briefly
tin the trust problem and devoted himself
Chiefly to Alaska and the conservation
problems there. In that regard he
braised the work or Secretary of the In
terior Fisher and said the administration
was certain, to defeat any effort to
monopolize the valuable coal lands.
Mr. Pinchot declart-d that "when you
gain control of the- water problem In
any country you haye solved all the
physical problems ut that dountry."
"Water power Is the thing that makes
the world go round," said "Mr. Pinchot,
"and with the bill that will surely be
passed this session of congress conserv
ing power and obtaining Just recom
pense for the people for the power hith
erto given gratis to great Interests, lies
the solution."
James It. Garfield, former secretary of
the Interior, addrestod the congress on
drainage and Irrigation differences anJ
advised harmony. If not coalition, be
tween the two congresses. Albert E.
Bai tlttt of Cheyenne, Wyo., attacked the
government's present conservation pol
icy as fantastic and hampering the pres
ent development of western, lands and
resources In favor of problematic great
grandchildren. He also declared It was,
In effect, playing Into tha hands of land
monopolists. '
Army Officer Missing
trom Jt'ort itusseil
WASHINGTON, Doc. S. The d!.)app,;Qr
ance of Second Lieutenant Clubs I.ykes of
the Ninth cavalry has puzied the War
department officials, and Senator Tillman
of South Carolina hns i appealed to the
president to assist In solving the mys
tery. Lieutenant Lykes. who waa'on duty at
Fort D. A. iVussell In Wyoming, and left
there In July on a month's leave cf ab
sence, has friends at almost all of the
army posts. The last word frcm him
was a letter mailed at !St. Paul, July 31.
Senator Tillman today expressed the be
lief that If Lieutenant Lykes' affairs are
straightened out, as the family Is anxious
to do, the young man can safely return
t duty.
DRAFT HORSE PRIZES
AWARDED AT CHICAGO
CHICAOO. Dec. 8. Robert A. Fajrbarn,
chairman of the National Horse Show
association of New York, was today
awarded the grand championship for
Clydesdale American brtd marcs at the
National Stock show here. The grand
prize in the Percheron c las was won by
J. Crouch of Lafayette, Ind., w'th the
best group of five Imported horse.
JERSEY CITY OFFICIALS
ARE CHARGED WITH GRAFT
JERSEY CITV. N. J. Dec. S.-The
Hudson county grand Jury, which has
been investigating the award of con
tracts for furnishing supplies to the va
rious county Institutions by the board
of freeholders, today returned thirty
sight Indictments against seven members
of the board. John F. Cioshy. county
clerk. Is one of thoe iodic ted.
Mrs. Kirk to Marry Old nreilienrl
KAROO. N. D.. Dec. . J. I'. Wlihani
on. a well-known stockman of Satceni
county, will marry Mrs. j. f-. Kirk,
widow of the Cl.icago soap manufsetui-i-r,
during tha holidays, it became known
her today. Williamson and Mrs. Kirk
were srhoolmatea In New orlt state and
recently met again after many years.
0. ft M'MANIGAL
FINISHES STORY
Confessed Dynamiter Spends Another
Half Day Before Grand Jury
at los Angeles.
RAILROAD OFFICIALS APPEAR
Agents Are ftueitioned About Illegal
' Transportation of Dynamite.
INDICTMENTS MAY Efi DELAYED
Information Gathered There May, Be
Used in Other Investigations.
FRANK J. RYAN MAY BE CALLED
Ofrielnla Are Taking Ureal Interest
In the Movement of Ihe. Prcsl-
detil of the Iron Work- ,
era' Ao t Ion.
I.O.! ANOKI.F.S, Dec. S.-Crtle i-.. Mc- i
Malu!1 ciafesst d dynatniur, iva. taken I
befure the federal grind jur..- naln t - J
day to resume his story of dynamite out
rages throughout the t tilted State.
McManlaal wns on the stanil until noon
and It wns said that hs had completed
his story. x
Following the ilcpurture of MrManlgal
reports were current that the McNamaras
would be given their chance, but this ws:"
not attempted In the morning.
John Crulckshunk, district passenger
agent of the San Pedro, l,os Angeles &
Salt l.ake railroad, appeared today be
fore the grand Jury.
Many other railroad officials inuy be
called upon In regard to the move'iients
of those who United States District 1
torncj Regan and his colleagues believe
to have been Involved In alleged l'kgul
transportation of dynumltc.
With '. I'nlted Staten Deputy marshals
searching for 12S witnesses subpoenaed
to appear before the federal grand Jury
that body's second day of investigation
Into the soures of nil' .nllegcj' nation
wide dy nn nil In rom-phacy was taken up
here today. Ortle K. McManlgal. who
confessed to many of those dynumltlngs
occupied the entire time of that body yes
terday In telling Ills story.
Indictments May He Delayed.
It was sulci iodny that In till probability
no Indictments would bo returned for a
week and perhaps for even a longer time.
The whereabouts of some of the men said
to be sought as witnesses arc not def
initely known and the list Is so long as
to render It likely .hat many days will
elaiise before all are heard.
Information gathered here Indicated
that the scope ot the Los Angeles In
vestigation, Is not entirely determined
by the Department of Justice at Washington--
In view of the similar Investiga
tion in progress at Indianapolis it Is pos
sible that the one hers will be Used 'to
"clean Am"" the Pacific coast angles of
the affair, leaving the wider range for
the east. - .
When the McNamiras would go to San
Qiientln penitentiary was as. much a
mystery today as at any time since sen
tence was pronounced.
It an May lie culled..
Members of the district attorney's office
today -ere discussing the fact that F. M.
Ryan, president of the Association of
Urldgb and Structural Iron Workers, did
not sli;n the statement of the conitnlttee
of the American Federation of Labor
made yesterday In Washington denounc
ing the McNamara brothers.
It was but one of a number of Instances
where the district attorney's office has
manifested an especial Interest In what
Mr. Ryan says and does and where he
goes. As head ' of the organization of
which John J. McNamara was secretary
and treasurer It was not unlikely that
Ryan would be subpoenaed to appear aa
a witness before the federal grand Jury.
Ryan Denlea Report ot Friction.
INDIANAPOLIS, Ind., Dec. . "There
Is not a word of truth In reports of fric
tion between Samuel Gompers or other
officials of tha Americou Federation of
Labor and myself.' said Frank M. Ryan,
president of the International Association
of the Bridge and Structural Iron Work
ers, who arrived In this city vtoday from
Washington.
Asked why he had not signed the state
ment Issued by the Federation of Labor
officials in denunciation of the McNa
mara brothers after a conference In
Washington yesterday, Mr. Ryan replied:
"I took very Ilttlo purt In the confer
ence because of other business. I will
not udd to lay first statement In regard
to the McNamara case. I have nothing
more to say."
"Will ou cull a meeting of the execu
tive board to consider the attitude of the
association tov.nrl the McNamaras?" he
wai usked.
"I don't kno-.v," was the unswer.
"Did you a.i ptfcsident know anything
ot the detail Is uf tlio expenditure by John
J. McNamara, as secretary of a fund ef
$1,(KK a month appropriated for organiz
ing purposes and forwhich no account
was made?''
"That Is u mat toe that will take care
of Itself."
Mr. Ryan refused to comment tin the
federal authorities' examination of the
books of the association now proceeding
In preparation for the grand Jury's ses
sion beginning Dtcember 14. When he
was asked If he knew a federal grand
Jury inquiry was being made aa to
whether or not others were associated
with the McNamaras in Illegal transpor
tation of dynamite, ho replied:
"There is nothing 1 can say on that
matter."
Information is to t lie whrreabouts of
Mr. Kyau was denied at the office of the
association untd le had conferred with
his counsel, Uu M. R.ippaport.
II urn in Nriv Vork.
NKW YORK. Dec. S Detective W. J.
Rums left today for Philadelphia aftei
holding a conference hero yesterday with
Walter Drew, counsel for the National
Erectors' association, lie will return to
New York trf continue his Investigation
of local cI.ks to the dynamiting casts.
MOTZMHTI Or OCEAH STEAM EKI
IVirt
ArrivtJ.
Hill.
T a terrain.
. rAtru it.
. Vedrl. .
.. furla
. 1'lllllMl .u f.
Canii'tuti'-j.
, Mtnntailt,
-tartjtuuia.
.VF.W VOItK....
KKieVoltK....
KKV V'lKK
NKW un,:....
NKW VllllK...
sr.w viiiii.....
PIRATIS
PALKKMO
UlNllOV
UAkeKILLKS
S AfM.KH
WlVht
. .A11M,0!A. .
. Plm ...
..htilUgiB.
v,- -
From the Cleveland Pluln Dsaler.
LORIMER WITNESS MIXED
A. J. Bell, Called to Discredit White,
Contradicts Himself. -
STORY OF CHICAGO POLICEMAN
J. J. O'Keefe Mors White Told Him
that He Had .Sworn Falsely
Against Lee O'Neill
Brow,
WASHINGTON, Dec. 8.-A. J. Hell, a
Chicago street car conductor, testified
befora the Lorlmer sensational Investigat
ing committee today in an effort ot the
defense to show that Sidney Yarbrough
was In Chicago on trie night ot May H,
1909. Instead of lu a hotel room at Spring
field, ill., with Charles A. White, tho
stat lagitiator. who tnsdo oonfesnlon
ot bribery.
White had swvrn that he waa-itr Bprjng
fleld. Rll corrdberated Mot or man tleorgo
Oloim by sarln thHi saw Tarbrotigh
on a trolley car the ftlg ht of May it.
Bell is. one of the several' witnesses
called by tha defense In Its effort to dis
credit the testimony of White as to What
happened at Springfield In 1909. When the
legislature was balloting In the election
which sent Mr. Lorlmer to the senate.
Senator Lorlmer attended the hearing
today. In Yds cross-examination Dell con
tradicted much of his testimony. Refer
ence to the record of the second Rrowne
trial disclosed that his statement today
were substantially different In answer
to the same question.
Senators Lea. Kenyon and Jones ques
tioned the witness closely and he ad
mitted that he had changed his testimony
materially. At first lie maintained that
he testified at the Browne trials from his
memory, of having seen Yarbrough on
the night of May "4. Under questioning
he admitted that lie had fixed that date
in his mind by talking with Gloss before
he went to the stand In the second
Browne trial.
John J. O'Keefe, a policeman, attached
to Mr. Wayman's office during the
Browne trials, testified ' that White was
In custody at the Ixlngton hotel In Chi
cago between August 1 and August 10,
1910. White was In constant fear of the
"Lorlmer crowd." he said. "I asked him
why he was afraid and he said -It - was
because of the testimony lie had given
In the Browne trials. '
"White told me that If Browne were
convicted lorlmer would be unseated:
that State's Attorney Wayman would be
governor of Illinois, and that he expected
to be made warden of the state peniten
tiary. He told me to keep my mouth
shut and I would not have to stay In the
police department.
"White boasted that fcdward R. Wright,
president of the Illinois Federation of
Labor had brought hlin word from the
governor of the state that he need not
be afraid of being put In Jail for any
testimony he had given."
"ile meant that word had corr.o from
Governor Deneen?" was nsked.
"That's what he said."
"Did Whit tell you that he had sworn
falsely against lirownc?" asked Senator
Kenyon.
"Yes."
"Did you report that to anybody?''
"Yes, to Wayman's assistant."
"Why didn't you tell Browne or his at
torneys?" "I don't know."
"Yet you never told of this when
Browne was on trial for his liberty?"
"No, I did not."
ORDER OF RED EAGLE IS
CONFERRED ON MORGAN
BERLIN, Dec. g. The bestiwal of the
decoration of the fir-t class of tt.e Order
of the Itfd Kagle on J. P. Morguti is
officially announ-ed in tho Imperial Cast-Mo
today. At the same tl:no the noti
fication Is coiiKn u.li ated that ti.o Red
Kaflo of the third cluss had been given
to Richard August Srlir.abel of Now
York. The Insignia of the order was
presented to Mr. Morgan during the K.fi
yachting week.
ELEVEN-YEAR-OLD GIRL
ON TRJAL FOR MURDER
HARTFORD, Ky.. D'C. 8. Uluven-year-old
Nellie Powell, charged with tho mur-dn-
of Gertrude -Klrby, a 12-yrar-oId play
mate, wot placed on trial lire lodny. Tu
Kirby glil 1 fui .-i'i doad In a rou;,i at
Uq Dowcil KImuu lt Kun.Iay. A il-ot-gun
tvus lying a. few feet from t'.ie body.
Netlio Dowell said her plsymate's Uutli
was the crsult of aa accident.
1 Do It Now
Hunter Who Shot
Girl Near Mitchell
Finally Confesses
MTTC'IIKI.L. S. D.. Pec. sV-fUpeclHl.)-The
mystery of who shot Miss Lydla
Kcllbaugh a week ago while she was In
a cornfield has been cleared up, the
guilty party making a confession when
the evldcnoe lead to his door. Miss Kall
baqgh Is still In a dangerous condition
and there Is a possibility that she will
lose her eyesight, as some of the shot
penetrated her eyes. Hhortly after the
shooting men went on the trail of the
two men in the buggy who did the shoot-!
Ing. Home ot the evidence pointed to -a
man named l!e,nry Ihr, but when ac
cused of the deed he denied It, but closer
tluastlolilnf M to tils whereabouts at the
time finally brought a confession from
htnv-,. 1 ..... - -
lhr stated that -they saw the girl In
the cofnflMd It flfV.; but attar driving
In another direction they lost sight ot
her, and then spying what they thought
was a rabbit, took a shot at It, only to
find that It was the girl they had shot.
Lehr stated that he was so frightened
at what he had done that he never
stopped, but tried io get away. He was
In town the same night whejf the crowd
of men wore looking for the person who
did the shooting.
Lehr owns 1S acres of land near Tripp
and he deeded the same to the physician
as a surety that he would pay ill dam
ages of a civil action.
Narragansett Bay
Selected as Site for
Great Navy Yard
WASHINGTON. Dec. S. -Narragansett
bay, Rhodo Island, has been sulccted as
the alto of one of the three great At
lantic coast navy yurds proposed by Hie.
rutary of the Navy Moycr in hi. reor
ganization plans, tho others being tit Nor
folk and Ouantunamn. This will mean
the elimination of the New York, tho
Rostun and the Portsmouth, N. II.. ynrds.
Mayor Fitzgerald of Boston today had
a long conference with Hecrctary Meyer,
who pointed out that when th" Panama
canal was opened tho balllcihlp fleet
'Would divide much of Its time between
(he east and west coasts of the I'nlted
H tat ps and would lessen, the need for
navy yards on the Atlantic side.
Narragaiisclt bay win selected as the
site for the northern yard because it was
sufficient to provide liurbor ana for the
anchoinga of the biggest fleet and its en
trances could easily be protected.
Rivers and Harbors
Congress Asks for
Systematic Policy
WASHINGTON, Dec. 8-The National
Rivers lunl Harbors congress closed Its
eight li annual convention here today.
Resolutions urging the adoption by the
federal government of a broad, liberal
and systematic policy of waterway Im
provement were adopted ami were pre
sented to President Tuft, Vice President
Kherman and .Speaker Clark.
Senator Newland attacked the Indif
ference of congress to the demands for
waterway Impi'ovrment.
The offices of the contficss have Id n
removed from Cincinnati to Washington
and It is probable that tills city may be
made the permanent meeting place.
MAY LOSE RICH GOLD
MINE ON TECHNICALITY
WASHINGTON". Dftc. S.-Whether J.
Potter Wh.uren t.ts c'ai:n to a rich
gold mlu In Ali.aka because he held a
peltry federal Jo'i. i,ov before the
upiame couil of tho I'ni'ed tsf-a. Whit
Iran first diaeofJ l:i Alaska tr.
'Vfl. lie Bo .-kid off tin cla.-u. ssit It
ciisll half uu aoro too mic!-. wltuir u
i'uifs. li U ois-.iceil thu title
l.t the mi a bacataie In in&wX:s h houn
ivjies t' tfit iwi' lr-. u-imrt bo ai .
ci 'd1 tits la''i fr-:n "rulo'i Uo el. ha I
!---1 1 mined. ,. I'.ir nest ;isi. al.e.i h
lis .-overt .xl i wlt:iln Lh- i r.n r i ( jnS.
V. hllfe:'. bail be ate a. .' r.'.-Jtrai
d-niyi" ( II' ; I.'u t I ; Latai1.
O'la Hal a nrid rtlnri. i J . Itm ut.'c
t. tho !i In :ii'bl n i i i; t:.e g'D'ia.'
that Whltfref. icst .-'.a:ni l.i ar.1
mi Ul.-oi u::t'..il fr i; i ,air'i g knottier
after ho buia'.'.c dipuiy mineral Inspector
KELLY CASE TO THE JURJ
Judge Bradshaw Gives Lengthy Set
of Instructions.
SIX FORMS FOR THE VERDICT
Jnrara InNtny Kvrat Mill Decide
Whether Defendant Was la
sane 'on Morning of the
hooting.
, fFrom a Staff Correspondent.)
PKS MOINBH, Dec. S.-lHpeclal Tele
gram.) At 6 o'clock tho Jury was still out
In tho Kelly niiirdef case. The Jurors
gave no sign to Indicate whether they
were likely to reach a verdict.
Judge Bradshaw finished his Instruc
tions shortly before noon today. They
ware unustially lengthy, as the Judge dis
cussed every hhuse ot the rasa from a
legal standpoint' and at the conclusion he
submitted six forms of verdicts, any on
of which may be returned by ilia Jury.
The first one provides that tha defend
ant be found guilty ot murder In the first
degree and the penalty to be f lxed, t
death, tho second guilty of murder In the
first degroe Willi a punishment of life
Imprisonment, the third guilty of murder
In the second degree, the fourth guilty of
manslaughter, the fifth not guilty on the
grounds of Insanity and the sixth not
guilty.
In addition to these a special Interroga
tory was submitted to the Jury which
must be signed with the verdicts.. This
was whether or not the defendant was
Insane on the morning of March S3 last,
which was the date he shot down the two
Packers' Attorneys
Ask Jurors to Define
Many Large Words
CHICAGO, Dec. 8. Attorneys for the
Chicago packers now on trial for alleged
violation of the Sherman anti-trust law,
today demanded definitions of words used
lu tho Indictments when th -y examined
the tentative Jurors selected by the gov
ernment. Tho veniremen questioned tlui:i far have
been, farmers and the questions have
been directed toward forming a U.yi for
a challenge when the Jurors have l.ot the
necesbury knowledge. '
f'lct.i Olson, u fanner, he-otalcd at tie
fining "competition, elimination, refriger
ation and Ilka words," although declaring
ho knew the mewling of lUl uf them. He
was excused.
"Intendment, untrammelled, elimination
and connivance" proved too much for
Oscar t-icolt, a farmer, unci he was ex
cused. Attorney Miller's questions were Uken
to confirm the early heller that the de
fense would attempt to have the farmers
In the panel excused for cause.
New Reichstag to Be
Electd January el2
HKKI.1N, Iec, Decrees dissolving tho
Helclislag and fixing the dale of the
general elections for the new Ilelchstag
on Junuary 12 are published today In the
Imperial Gazette. The existence of what
is known as "Prince von Iluelow's Ilelchs
tag, " which was cUctcd under such dif
ferent auspices In 1D07, Is thus ended.
NEW POSTAL SAVINGS
BANK SFOR THREE STATES
(From a Htaff Correspondent.)
WASHINGTON. Dec. .-tPpi.c1al Tels
gt am.) Postal savings banks wi.i be es
tablished on January 6 as follows:
Nelji aku--Ali:wortli, Ciarks, Kuatls.
Iox.a Haukeyc. Ike City, Now Vir
ginia, I'ri-scolt. L'kIci.
fiyuth Dakota H'licou a, Ocirlclir.
The contract for the cortructlcn of t!:
public .iiU1li,g at J'. -iron, H. D., has
boeu swniil'vl lo tSo Noriheni Constitic
tlon oT M'.Uauk-;-", Wls.T at I'JS.IUS. "
GABLE PLEADS GUILTY TO
SHOOTING REX KEBBLING
MAJsijri CITV. la. Uic. i .--fi'-ps, lal Tai-I
' rtaM -The l-idli-.tnif r.t M,-aJ-it hltr, f ir I
ititi;-.ptlr.g to uiiiider C:iif f Police
I . W.- d sri.lxstaJ ldav itr.r". iLnbert i
Cabl. thin sfte:iv plvuileil guilty v to j
th. sttemi'teti niuntMf o'. Itai Aetibllug,
a'l wll. teuiurroa- nioinli'., t, snir.:ir l
r- ,'iuJg" tlar'.: Thirty )caiii Ine'i-r-(
ui-uale a:iuaiu.e vt:i eWuht!3 be i.ictot ,
6Ut. I
PENSION DEBATE
STARTS IN HOUSE
Representative Adair Callj V. Sher
wood Bill Granting Union Vet
erans Dollar a Day.
DISPUTE ABOUT
FIGURES
Republicans Say it Will Add Seventy-Five
Millions to Roll.
MANY FAVOR SULL0WAY B1LI.
This Passed House Last Session, 'jr.t
Was Lost in Senate.
MAINE BLOWN FF.OX DUrSTO1
Joint A rm j r li ,lr t.mtr ,Hkri
' Its llet-crt After ! 'lFt,i
t.iistliiv fee Uf is.
Months.
v.'s-kingtun. hie ;.-rsi f.gU to
cntabllsh a gene'-r.l srv;o pnscn ot I'
n dnv for urhm veterans of tfce ctvli wae
irnd In the house of inptesentatlvaa
i.n.av vheii !:ri ex r.tsxlvs AOSJr ot ln
inc.". iiil up Ihe rV.erwwid. bl In-Ir-ul-ji
'.nt AiTti.
i'vpuatii-sv't ' Ia4M Vntin objected t.
tlxlnv any time "llm't and. the housi
lxftui csnaldsrmtlpti cf the measure, with
the prospect of a! long and vigorous de
bate. A sharp alternation developed be
tween former Speaker Cannon and Mr.
Adair, the former demanding, an assur
ance that the Sherwood bill would pass
tho sennte oud the Sultoway bill would
not '
"We have gained that ballet from
talking with senators," said Mr, Adair,
hut ho refused Mr. Cannon's demanC for
names. Partisans of the . Kherwood bill
whooped and yolleci when Mr. Adair de
clared that Mr. Cannon, when apeaker,
had refused to allow senators' names to
be mentioned on the floor of the house.
Mr. Adair estimated that the Sherwood
bill Would add tlt.OUO.OUO to the annual
pension budget and denied the charge
that It would cost 7i,000,000 a year.
"I have the proof here that It will,"
shouted Mr. Aiileraon of Ohio.
Many members evidenced a purpose to
vote foT the Hulloway- age pension bill,
which provides a maximum ot 130 u
month at the ago of 76. This bllkpaared
the house last winter, but was lost lit
the senate. Mr. Adair claimed that Its
substitution would defeat pension login-
latlon at this session. (
M'alne lllown from Outside.
The battleship Main was blown up lu
Havana harbor by an explosion from tho
outside. Till l h t't ot a. shoti
statement Issued by the Navy department
today, baaed. ou findings-inudo by thu.
Joint army ft rid. rift vy poard which spent
evsral mohtht Irt Havana harbor Inves
tigating the wreck.
Hear Admiral Charles 15. Vreeland,
president ot ths Maine Investigating
board, had ftriort ftlk with President
Taft today before the session ef th
cabinet. The statemunt follows:
"The board finds that tho Injuries t
tho bottom ot the Maine were caused by ,
(he explosion of a charge ot low form .
explosives . exterior to the ship vra.we
frames Zl and 31, st ke H, portable. Vhla
resulted lu Igniting and explodlnc la
contents ot the six-Inch reeerva mgaJr .
A-14-M, said contents Inohidlnj,' a laraa
quantity of block powder. The more or
less complete explosion of the contents of
the remaining forward magasJne followed.
The magazine explosion resulted In tho
destruction of tho vessel."
House Asks About IteelnrtMilty.
The house, by resolution, called on
President Tuft today fur. Information as
to whether tho paper andW'P section of
tha Cunudian reciprocity bill is now In
foice und what other nations aro de
manding the funic concessions given to 'i
Canada. , '
Tho paper and pulp section of tho
reciprocity bill be-amo effective even
though the reciprocity agreement was re
jected by Canada.
The resolution drawn by Representative
Harrison of New York and endorsed by
the ways and meats comitiltlM aaaa fur
full Information as lo tho prostnt opera
tion of thu pulp and paix-T tariff.
SHULTZ FOUND GUILTY
OF SPYING 0NGERMAN NAVY
I.KIPSIC, Saxony. Dec. S. Vel:-rls
which have leaked out regarding' tl.i
progress of thu espionage trial now taa
Ing place before the Imperial ooort, l'.
which the Kng!ii thXp bror, Vas
Schiiultc, and four Ganxan aasoalaiai..
who we e urn ated ai l.-.a.'buj; es htaivh
IS, are accuted of attemtloa. I proouie
Information regarding Oisrmsui uaw
secrets, say It hun been esMlahaa the.
Kcliultx Is connected v'. Uwt gsoara'
orgunlxatioti of ail -Erell! !r .'ro.!U
bureau. ' i
The activities of this lnstittitam e- r
all the shipyards arid navrl i&aw'jtue
works In foreign' countries and alia '.
the discovery of every naval deveiop:vi.in.
The sentences will be fix 6 tomorrow.
It Is expected that rkhultu u..d two Oc-r-man
cn-jlneors who are unions his ac
complices will be punished severely.
Want Ad,
Christmas Gifts
liy reading the want ails every
da, you may flni your namo
among the want ads telling you
tl at a gift 1 waltiiu: fur you.
No puslnw to solve nothing to
do except to call at Tho Ilea of
flco when your name appearr.
There are other prizes tl-.an
these free gifts on the want ad
pages. You may find your oppor
tunity in the way of a altuatun.
a bargain or valuable information.
It Is a good habit to read the want
ad pages every day.
Dalzell's Ice
Creanf Bricks
Boxes of
O'Brien's Candy

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