Omaha Daily Bee Newspaper, September 16, 1902, Page 1

‘THE OMAHA DAILY BEE. ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY M xy ORNIN( SEPTEM BER 16, 1902—TE CALLS IN SENATORS Five of the Most Influential Have Appeint- ment with President Reosevelt. DECLINE TO DISCUSS OBJECT OF VISIT | Senater Hamas Expresses Deubt About L Intervention Settling Btrike. PRESIDENT RECEIVES HIS NEIGHBORS Many of His Oallers Have Knewn Him frem Ohildhood Up. BERVANTS OF HIS FATHER AMONG THEM Chiet Executive Thoro the Occasion—Has Pleture Taken with New York Police- men. NEW YORK, Sept. 15.—Much speculation was caused tonight by the presence in the city of five of the most influential members of the United States senate, all here on their | way to meet President Roosevelt at Oyster Bay tomorrow. The five are Senator Hanna of Ohlo, Semator Allison of lowa, Senator Aldrich of Rhode Island, Senator Spooner of Wisconsin and Senator Platt of Connecticut The senators declined to discuss the prob- ability of any particular question coming up at a conference with the president to- morrow. specific reason for the sending of the invita- tion to meet the chief executive at this time. Senator Allison sald: “I1 am going to see the president at his invitation, but he did not mention that others were to be there.” Benator Hanna disclaimed all knowledge | of the president's purpose in calling the senators together. “I do not kmow what subjects will be discussed at tomorrow's conference,” he satd. Asked whethier he thought the coal strike would be one of the subjects taken up, he replied that he could see that it would. “Do you think the differences between the operators and miners will be submitted to arbitration?’ he was asked. He answered: "I am out of touch with the strike situation and have been for some time. At the present time I see no chance that the Civic federation may be called on to arbitrate.” B Receivos His Nelghbors. OYSTER BAY, N. Y., Sept. 15.—President Roosevelt today recelved his friends and meighbors of Nassau county and between 6,000 and 7,000 people shook his hand. The reception was held at his country home on Sagamore Hill, and from 2 o'clock until nearly 6 he was busy shaking hands and re- newing old acquaintances. He met people today whom he had not seen for thirty years and shook hands with men who had known bim when he was a child. The president thoroughly enjoyed the af- fair and was as fresh when it was over as when he began. He expressed his feelings 40 & woman jn the crowd who asked him 1f he was getting tired. . #Not a bit,” he replied. “It takes more than & trolley car to knock me out or a crowd to tire me. The weather could not have been more delightful. The decorators did their work thoroughly, and when the sun rose this morning it shone on & village resplendent with color. Most all the public bulldings and many of the private houses were adorned with flags and bunting. The most effective decorations were along the road leading from the center of the town to the road that winds up Sagamore hill. Here, at a distance of every 100 feet, were huug large American flags which formed a can- opy of stars and stripes, under which the people rode on their way to Sagamore hill. The event, which passed off so success- fully, was the hands of a general com- mittee, of which Frank C. Travie wa chairman. The crowds began to arrive early from polnts on Long island, and by noon the village streets were crowded. Delegations came in from places near here and several special trains added thelr quota to the crowd. Stagts at 1 0'Clock. At 1 o'clock the members of the com- mittees, beaded by & band, started for Sag- amore hill and they were followed by ve- hicles of all descriptions filled with Loag islanders, many of whom bad come a con- siderable distance to greet the president. The precautions to guard the president against any possible harm were of the most thorough charact In addition to Sheriff Jobnson's 300 special deputies who had been sworn In for duty today a large number of secret service men and police- men from New York in plain clothes were about the grounds. No one was allowed to go past the president with a camera or & stick of any description. Cameras, va- lises, canes, umbrellas and In many cases overcoats and women's wraps were taken from their owners and piled up under a tree near the porch. It was 2:45 o'clock when the reception began. President Roosevelt stood on his porch and shook hands with all. After passing him the visitors passed off the porch along a road leading to the side of the house, where lemonade was served and thence by another road out of the grounds. On the porch with the president were Mrs. Roosevelt, Mrs. Willlam Roosevelt, Mis Christine Roosevelt, Miss Lorraine Rocse- velt, Mrs. E. Reed Merritt, Frank B. Travis, Assistant Secretary Loeb, Father Powe and Rev. Henry Homer Washburn. A Cosmopolitan Thron, All sorts of people in all conditions of fife filed by the president. White and black, poor and well-to-do, women with babes in arms and several with dogs, small boys and tittle gl all got a pleasant smile and a shake of the b Many were in line who 2ad known the presid. telight In renewing an old acqua! Apparent, but none gave more pleasure than ithe greeting of two ol family servants, Maggie and Bridget Mitchell, who had been tervants in his father’'s family. They came trom New York, where they mow live, to greet the prese! t and to show him a photograph of his father, and one of him- telt when he was 4 years old The presids was delighted to see the pictures and the old servants and presented the sisters to Mrs. Roosevelt During the reception a number of bands itationed on the lawn In front of the porch Viscoursed music. “Garry Owen, Will Be & Hot Time In the Old Town To- tight," and “America,” seemed to be the ‘avorites, as they were repeated a num- ber of times. ance was The Hicksville Battery at the foot cf the | Ml also did its share to make ths affair 4 success and fired a continuous salute. A pleasing incident occurred toward the tlose of the recepth The New York po- (Continued on Second Fage.) y Enjoys! In fact they said they know of no| t all his Mfe and his | There | FIRST TRIAL AT THE HAGUE United States and Mexico Take Initia. tive § bmitting Plus Case for Arbitration. THE HAGUE, Sept. 15.—The hearing of | the claim of the United States against Mexico, growing out of the plous fund of California, commenced here today before the International Court of Arbitration. At the openiug of the court the foreign | minister, Dr. R. Melvil Baron von Linden, reviewed the history of the court, which, he | 6aid, had been ready for business since Jan- | wary, 1901, but lacked lit‘cants. He heart- ily congratulated the # ~er-sea repub- lies on taking the int’ l"g, hoped the outcome and experfence would sentribute to the maintenam, I ce of the world. 3 Dr. Matzen, president of the thanked the minister for his friendly @v. ings, and said he hoped the court woulu become the center of international right. The president then opened the first session |of the arbitration court, | hope that the work of the tribunal would | harmonize with the sublime idea, which led to its establishment, and said a glorious i | result was anticipated from the arbitration | | court, pamely, to facilltate the peaceful settlement of disputes between states on the basis of respect for right. The Amerfcan and Mexican representa- tives expressed thelr thanks for the wel- come and sald they had full confidence in the impartiality and equity of the court. ln declaring in advance their intention to abide by its decision the Mexican repre- sentatives hoped that both great and small powers would follow the lead of the two great North American republics. ENGLAND MAY HAVE BIG TRUST Dailly Mail Afmr t After Mu Secret Negotinting Rail Maker Are Together. LONDON, Sept. 16.—The Daily Mall this morning declares that after many months of secret negotiations there has been formed an assoclation of the leading British steel rall manufacturers for the purpose of controlling prices and regulating the output. The firms alleged to have en- tered the assoclation include the Barrow Hematite Steel company, limited; Bolklow, Boughan & Co., limited; Guest, Keen & Co. of Dowlals and Cardiff, Crawshay Bros. of Merthyr Tydvil, the Moss-Bay Hematite Iron and Steel company, limite Charles Emmett & Co., limited; the North- eastern Steel company, limited, and the Rhymney Iron company, with an aggre- gate of capital roughly estimated at £60, 000,000, not counting large debenture issues. In view of repeated rumors and reiterated denfals the announcement of the Daily Mai tte apparent cirenmatan- tiality of detadl, must be guardedly ac- cepted. Ae an Instance of the need of such of New York as saying that since February he has placed orders in Europe for 500,00 tons of steel rails for America, of which 50,000 tons were placed.in England, 30,00 in Germany and 10,000 in Belglum. The greater part of these orders would have been placed in England but for the fact that the miils here could mot accept them. The Daily Mall says the representative in Question added that in"1%2 the purchases of steel rails In Europe for America would amount to 1,000,000 tons, the major part of which would go to Germany unless Eng- land woke up. KING LEOPOLD IS UNDECIDED Belgium M. ch Date for Visitin, and Rumors Are False, BAGNERES DE LUCHON, France, Sept 15.—Dr. Therras, physician to King Leopold of Belglum, says the situation with regard to the king's visit to the United States is the same as it was February 22, when it was announced on the authority of an offi- clal of King Leopold's household th while his majesty had on several occasions, expressed a desire to visit the United States he had never reached the point of suggesting any date for the trip. King Leopold's desire to visit America has. not changed,” says Dr. Tnerras, “but absolutely nothing has been decided and in view of the health of Queen Marle Hen- riette, it is impossible to reach any de- cision in the matter. The announcements from Brussels and Paris that King Leopold would visit the United States In February or March of next year are therefore unau- thorized. CALL ON NEBRASKANS TO AID Peter Jansen Goes to Ca suade C da to Per- untrymen to Abandon Foollsh Ide: WINNIPEG, Sept. 15.—Peter Jansen Jansen, Neb., former representative the Paris exposition and a native Rus b has gone to the Yorkton district to co-op- erate with the immigration officials in try- ing to induce the Doukhobors, who came from Russia, to give up the fantastical ideas which have possessed them of late. Published reports of the crazy and unac- countable actions of the Doukhobors have brought him from Nebraska, and he will try to dissuade them from chasing away thelr cattle and leaving them: desti- tute of food during the coming winter. Some of Them Enter Cheng Tu Start Tr " and le—~Militia Now m Gu LONDON, Sept. 16.—A dispatch to the Standard from Shanghal says that a force of armed Boxers entered Cheng Tu Fu, ital of Szechur province, September 15. Some of them were killed or captured in are closed. The military authorities are patrolling Cheng Tu Fu and the situation there is reported to be serious. PRESIDENT SARATOFF TAKEN LONDON, Sept, 16.—Cabling from Vien | the correspondent of the Daily Chronicle says a telegram has been received from Belgrade announcing the arrest of M. Saratoff, president of the revolutionary | Macedonian committee, who has been in hiding for some time. Brit camer ¥ .. COLOMBO, Ceylon, Sept. 15.—It is mow learned that the British steamer Nithsdale, news of the grounding of which on a reef |south of Cardiva island, in the Indian ocean, September §, was received here Friday last has foundered. Part of ita crew has been brought to this port. The captaln and thirteen mgn are believed to bave beea drowned. expressing the | an association the paper quotes a repre- | sentative of a prominent engineering firm | BOXERS ARE AGAIN ACTIVE' the atreets of the city and the shope there | EXPLOSION IN A COAL MINE Gas and Pewder Oombine to Werk Havoo Near North Fork, West Virginia. SEVENTEEN MEN IMPRISONED IN WORKINGS | Fire Follows After and There 1 ves of Any Neo NORTH FORK, W. Va., Sept. 15.—A gas | ! and powder explosion occurred here today in the Big Four mine of the Algoma Coal | and Coke company, as the result of which mes Lester, an engineer; John Reckie, | ogarian miner, and fifteen colored /s are known to be imprisoned in the e There s hardly one chance of the men being recovered alive, as they are beyond the point where the explosion occurred. The gas and smoke is so thick that all | | rescuing parties have been driven back. | | H. Franken, a mining boss, and George | a Hungarian miner, succeeded in | the fallen coal and slate | | atter the explosion to the lights of the | | rescue party, and were taken out alive, | though badly burned and suffocated | The explosion is said to have been caused | by an accumulation of gas catching on fire | from the lamp of & miner, and this in turn | fired six kegs of blasting powder, stored back in the mine. | The explosion knocked down all the | brattices for a quarter of a mile back | toward the mine entrance, off all of the air from the men imprisoned behind the debris. There had been a small gas explosion In this mine on Saturday | last and Mine Superintendent A. J. Stuart had personally cautioned the men who worked in the mine not to attempt to work | again until the air had been tested by a safety lamp. The rescuing party, headed by Mine In- | epector Cooper, attempted to rescue, but were driven back by the want of air. It is now learned that the coal is burn- ing and that there Is no hope of extinguish- ing the flames until a new air passage can be built to the point of the explosion. TEN DELEGATES ON CARPET rand Jury Still Grinding Away on St. Louis Sensati with Noth- ng New Developed. | Pleri, crawling over thus cutting | ST. LOUIS, Sept. 15.—The examination of the present members of the house u(‘ delegates, in relation to the city lighting | bill and the defeat of the street rallway bill, be con! 4 0 e the grand jury. Ten delegates were before that body today and each was detained {but a short time. It was expected that Circuit Attorney Folk, who is prosecuting in the alleged | bribery cases, would go to Jefferson City today to appear for the state in the hear- ing of arguments for and against the is. suance of writs of habeas corpus for the release of the five ex-delegates now in jail here, but by reason of the statutory pro- viston allowing his time after service of court papers he was not compelled- 4o g0 and Assistant Circult Attorney Maloney represented him. The proceedings con- sisted only of formally deferring the hear- ing until next Saturda: Until then at least the habeas corpus petition by which Judge Chester hoped to secure the release from jall of the five men charged with | bribery and perjury can have no effect. Charles A. Gutke, one of the five former members of the house of delegates, con-l fined In the city jall on charges of bribery and perjury, was informed today of the death of his 11-year-old son, who had been sick for some time. The father broke down and wept at the news, but declined to go | home and see the remalns in the custody of a deputy sheriff when Judge Douglass later gave him permission to do so Delegate Edmund Bersch, out on bonds aggregating $45,000, volunteered to go to {jall in place of Gutke for a few days, in order that the latter might be at home un- til after the funeral of his son. Judge Doug- | las gave his consent to the substitution, the bonds of Bersch being transferred for the time being to Gutke. Judge Douy later decided to accept Ed | Butler and Henry E. Yermann on Gutke's bond, and therefore Bersch will not be called upon to make the sacrifice. MASONIC TEMPLE IS IMMUNS Du Restrains Collect Year's Taxes On It by Is- suing Injunction. i | Judge of Last CHICAGO, Sept. 15.—Judge Dunne today issued an injunction restraining the collec- tion of the taxes for 1%1, amounting to over 326,000, on the Masonic teniple. The injunction will put a stop to the sale of the big office bullding for taxes. The taxes in question, according to afdavits of the Temple association officers, have been paid. Charges, however, have been made that a| gang of tax fixers forged the receipt held by the association with a view to defraug- ing the county of taxes. Several men have already been indicted for the conspiracy. The People’s Gas, Light and Coke com- pany today filed an appeal bond for $600,000 in the T5-cent gas ordinance case, which | was dismissed by Judge Grosscup July 30 for want of jurisdiction. An assignment of error was filed and the appeal allowed ! by Judge Kohlsaat in the federal court.| Notice was served on the city. This appeal is another step taken by the gas company to frustrate the endeavors of the city to| force the corporation to serve its patrons | with gas at 75 cents per 1000 feet, instead 1 of §1 net, as at the present time. The eity maintains a right to regulate the price of s under an ordinance passed some time | 880. The company, on the other hand, in- | sists it has the power to set its own price, | The case has been dragging in the courts| for several months. | SOUTHERNERS BAR THE NEGRO Radical Faction Secures Control of a Republican Executive Committ Down in Alabama. | | BIRMINGHAM, Ala., Sept. 15.—The re- publican executive committee has refused the admittance of negro delegates to the state convention, which meets tomorrow. This action was the result of several hours strenuous struggle today between those of the new regime known as the ““Lily White: #nd those not in favor of barring out the negroes. The elimination of the negro was ac- complished through the passage of a reso- lution, on & vote of 17 to 10, adopting the report of the subcommittee which was ap- pointed at the meeting of the full com- mittee on Saturday, and which had con- sidered all contests and passed on all cre- dentials presented by the delegates. When this report was read today Dot a single Degro's name appeared on it, aithough Wany Begroes bad presented credentialy. | tions with Lieutenant Peary. | Dederich, MONEY MARKET STILL TIGHT (ALDWEL Rate Touches Twenty Per Cen Small Signs ll‘ Present sier Comditions. — NEW YORK, Sept. 15.—The money market today gave small sign of easier conditions. From the time it opened until the close, rates in the call loan market were high, touching 20 per cent early in the afternoon. On the stock exchange, the trading was dull all day, and at times almost stopped. Money on the stock exchange opened at 15 per cent bid today, the first loan being at that figure, after which it reacted for few minutes to 12 per eent, followed by & gradual return to the earlier figure LONDON, Sept. 15.—The financial situa- tion in New York creates general public in- terest here and practically monopolizes at- tention in financial circles. The Standard says: “A small parcel of £0ld has been secured in Paris for shipment to New York, but not, however, as an ex- change operation. The bulk of the large amount of gold on the open market in Lon- don has been bought up at 77s S%d per ounce in anticipation of & further decline in New York exchange and New York's ne- cessity of importing gold. The money mar- ket regarded the proposals brought forward by Secretary Shaw regarding the money with ot | pressure in New York as inadequate, conse- | qnently there was no slackening of the dis- count rates.” Long special arti¢les in the London press this morning give detalls of the money sit- uation in New York. Daily Chronicle commences its financlal farticle by saying “So far nothing has of buying gold for ex; States. Some inquiries §rom that quarter were made yesterday, bl nothing resulted, although one or two parcels of bullion were bought on speculation. We are not greatly appalled at the prospect of large gold ex- ports, because New York speculators have first of all to find money wherewith te pay for them. Our market is sbarply divided in opinion as to whether gold in large amounts will be immediately required. The argu- ments pro and con are anything but con- vincing, in view of the fact that the amounts of money already borrowed by Wall street operators in the London, Paris and Berlin markets to enable them to sustain thelr in- sane gambles are so large that many per- sons belleve that the surplus for the pres- ent season shipments of the products of the United States will mot suffice to liquidate this Indebtedness. Further moneys will con- sequently have to be borrowed in order to pay for the imported bullion. That doubt- less can be done and possibly the surplus from excess of exports over imports would suffice to liquidate such a fresh debt and a portion of the old debt. The operation, how- ever, would be surronnded with difficulties and we dono t think shipments of gold to New York can assume iasge proportions un- der any circumstances. Our market, how- ever, is undeniably a trifle mervous.” PEARY IS ON HIS WAY HOME Secretary of Aretie CI Receives Din- patch from Explorer, Dated at I‘I!“{or. t to the United NEW YORK, Sept 5.—Herbert L. Peary Arctic ecretary of m Yeceived a May grom, Lieu- tenant R. E. Peary, the Arctic explorer, Qated Chateau Bay, Labrador. Lieutenant Peary he is on his way home on relief ship Windward and that all on board are well. Beyond the dispatch of today Mr. Bridge- man has no information as to the move- ments of the explorer, who sailed with bis expedition to the north pole July 4, 1898. Mr. Bridgeman left Lieutenant Peary at Cape Sabin, August 29, 1901. The reliet ship Windward left New York in June last to find the Peary expedition and has evi- dently been successful. Mr. Bridgman left New York on the mid- night train for Boston, whence he will go to Sydney to meet the explorer on his ar- rival there. Dr. Dederich’s message also said that the doctor had left his quarters with the Eekimos at Etah and had gone to Peary's winter headquarters to offer his services if needed. In his message to his wite Dr. Dederich touches on one point that is of the great- est interest as throwing light on his rela- it will be recalled that when Erick, the Peary rellef ship of last year, returned last autumn, leaving the explorer to make a dash for the pole this summer, it was said that Dr. who had for three years been Peary's surgeon, Etah and would have to depend upon his | own unaided resources to exist during the long, dark winter. It was at first intimated that Dr. Deder- ich had been marooned as a result of a disagreement with Peary, but this was em- phatically denied later by the officers of the Peary Arctic club. Dr. Dederich’s wite was entirely satisfied in her own mind that her husband’s reason for remaining was be- cause of his fine sense of honor and his devotion to Peary despite the difference that had arisen between them. FIGHT ON EXCURSION TRAIN Negroes Create Disturbance and the Conductor is Utterly Power- less to Imterfere. DOVER, Del, Sept. 15.—A free-for-all fight among thirty or more negroes on the excursion train of the Queen Anne railroad trom Rebotha, Del., to Queenstown, Md., oc- curred as the train was leaving Rebotha. One colored man was shot and killed. At Hickman, Del., terror reigned to such an ex- tent that Fred Clifton, the conductos, had no control over the crowd, who threatened his life if he interfered. Windows were smashed and several persons were seriousy injured. The sheriff of Caroline county was tele- | graphed to meet the train at Hickman and make arrests, but he bad not arrived when the train lett. The sheriff at Centerville, Md., was sent for, who, with several depu- ties, took a special car over the Queen and | rode to Queenstown, where several arrests were made. train fled to the baggage room for protec- tion. TWO VICTIMS OF GAS FUMES Young Men at Anm Arbor Unfamiliar with Its Use Fo Dead in Their Room. ANN ARBOR, Mich., Sep. 15.—Two young wen, L. W. Bruskl and Joseph Kierzck, of Posen, Mich., were found dead on the floor of & room in the Newman house here to- day. From letters in the pockets of the men it is evident that Kierzek had come to Ann Arbor to have bis eyes treated The men sald when they retired that they were not accustomed to using gas light. is supposed that they got up In the might for some purpose and turned on the g thinking this would produce light. When found the bodies were lying on the floor, where the men had evidently been overcome while trylog te reach the deor, done in the way | had been left alone at | The white passengers on the | l(‘ L INQUEST BEGINS | | Testimony Shews that Blows Were Not i Dealt by Strikers. “PERKINS AND CHADWICK ARE RELEASED | Dr. Lavender Says Death W Ca | fon of Brain, Prob- ! It of Kick in | Back of Head. The inquest over the body of Earl Cald- | well, the Union Pacific machinist who was | the victim of the Cass street tragedy early | | Sunday morning, began at 2 o'clock yester: | day afternoon In Coroner Brailey's room Temperature at Omahn Yester Hou EELEE TR L] as TEMPORARY STEPS GIVE Five Hundred People Are Precipitated in a Heap the Ground. to ST. PAUL, Mion, Sept. 15.—While 1,000 people were struggling to get into thé at Twentieth and Cuming streets, and the | | testimony of the three witnesses examined | | confirms the essential features of the story | | published in The Bee. The examination | | was continued until § o'clock this morn- | | ing. George L. Perkins and Raymond Chad- wick, aged 20 and 17, respectively, former apprentices in the Union Pacific shops, | who were among the strikers arrested in connection with this case, and Dr. W. R.| Lavender, who conducted the autopsy over |the body of Caldwell Sunday, were the | witnesses examined. Perkins and | wick were released from custody after the ! | hearing and the seven other prisoners, all | of whom were present at the inquest, were | returned to their cells in the county jai to await the completion of the inquest. County Attorney Shields conducted the examination for the state and at his side | sat Edson Rich, the Unfon Pacific attor- ney, who took a leading part in the ex- amination of the witnesses. Ed P. Smith represented the Union Pacific strikers' in- | terests. The jury selected for the occa- | sion was composed of these gentlemes Steven Hansen, H. S. Mann, George R. Rathburn, E. N. Stanberg, C. M. Blach- man and St. A. D. Balcombe. M. W. Ball, the companion of Caldwell, who survived the tragedy, was present. He showed the effects of having been badly assaulted. | | | | | Two Witnesses Agree. George L. Perkins was the first witness placed on the stand. Young Perkins told an apparently straight story, which was corroborated, in nearly every detall, by the statement made by Chadwick later. Neither of the boys was thought at the outset tr bave had any part whatever in the assault- ing of Caldwell or Ball. On the essential point as to who began | the fight which ended in the death of young Caldwell, these two youthful witnesses | agreed absolutely. They both stated em- phatically and without hesitation that Joha Spellman precipitated the affair by H riking | the first blow, which landed on Caldwell's left jaw and knocked him to the ground. } John Spellman is not a striker, but an em- ploye on the contract work on the Union | Pacific'e new shops. As to who was responsible for the blow that caused Caldwell's death neither of the witnesses could tell, but they both stated that John Spellman did not stop after hit- ting Caldwell once, but followed this blow up and fell or jumped on his victim whom he had knocked into a ditch at the edge of the sldewalls 3 Whether in the mixup with Caldwell in the ditch Spellman dealt the blow that killed him, Chadwick nor Perkine could not say. Both the witnesses implicated Jack Mec- Kenna, the other employe on the contract work of the Unlon Pacific, and the pal of John Spellman, as the man who started the attack on Ball. McKenna, it was brought out, had never been a striker nor an em- ploye of the shop. Pospisil Not There. Young Perkins stated that he had been regularly assigned for picket duty Saturday night and was to stay at his post all night. | He sald that he, John and Mike Spellman, | (the latter is John Spellman’s father), Jack | McKenna and Raymond Chadwick were standing together when Ball and Caldwell, | the Unlon Pacific employes, came along on their way to the shops. He declared that Charles Popisil, the “tall man” whom Bail | assured the police was one of Caldwell's | assailants, was not present when Ball and Caldwell made their appearance or when the fight occurred. He said that Pospisil 4id not arrive until about ten minutes after the affair and therefore had absolutely noth- ing to do with it. Perkins likewise stated that John Kerri- gan, another striker positively identified by Ball being & participant in the fight was not present when the affar occurred | and did not show up for some time after- ward. Chadwick corroborated these state- | ments, both as to Pospisil and Kerrigan. Perkins did not see anyone else hit Cald- well ‘except John Spellman and did not see Ball attacked by anyone but McKenna. He saw Mike Spellman standing there with & small plece of a broomstick in his hand, | but did mot see him take a hand In the | fight. Close cross-examination failed to bring out any statement from either Per- kins or Chadwick that old man Spellman or anybody else but young Spellman hit Caldwell. Neither of the boys saw any weapon used during the entire fight, Mike Sp man Talked, Perkins admitted that he heard Mike Spellmau say after the assault upon Cald- well and Ball: “Well, I got one good whack at him with my club, anyway." He was unable to say whether it was Caldwell | or Ball to whom the elder Spellman re- terred It was brought out very clearly by the | testimony of both Perkins and Chadwick that Jack McKenna and John Spellman had been drinking heavily during the night and | that they had shared their bottle with | | Mike Spellman. They both were under the | tmpression that John Spellman and Me- | Kenna were drunk, but were confident that Mike Spellman was not. Both the young men were questioned very closely by the attorneys on each side as to what Instructions they had received {on that and other nights from their lodge officers who assigned them to picket duty. They both were clear-cut and emphetic in their replies that they were always In- structed to talk to all the nonunion work- men they could find and try to persuade them to leave the shops, but under all eir- cumstances to refrain from violence in any form. They say they were working under Mike Speliman, who was lieutenant of the | picket force to which they belonged, and | that on that very might Mike Spellman had | admonished them to be careful of their conduct and by no means strike anyone The young men sald they had been doing | pleket duty ever since the strike began and that they had mever violated the orders given them. Doctor Describes Injurie: Dr. Lavender gave & minute and sclentific description of the injuries which caused | | Caldwell's death. The fatal blow, he said, | was dealt in the back of the head, mear | the base of the brain, on the occipital bone, near the right parietal, and produced a | slight fracture of the skull about half an inch in length. The blow produced a hem- (Continued on Becond Puge.) | the { from new Sons of Zion synagogue to witness the dedicatory exercises, the temporary steps leading to the entrance suddenly gave way and 500 people fell in a beap. Men and women screamed and fought to get out of the mass and it was only by prompt effort that a panic averted The police platoon, which led the proces- sfon to the church, broke rank and rushed into the crowd, women and children from crushing one an- other in the scramble to get out. When quiet had been restored it was found, ex- no one had been fatally {njured Mrs. Isaac Goldstimme wae badly bruised about the body and face. Della Rosenblaum, a 10-year-old girl was caught in the crash and bruised badly. Sam Rofsner, a 9-year-old boy. had his foot crushed between the breaking tim- bers. Several others received cuts and bruises and other minor injuries. Senator Moses E. Clapp. Mayor Robert A. Smith, Congressman F. C. Stevens and several prominent rabbis of the church had just stepped off the steps to the walk when the crash came and so escaped in- Jury. They were the first to assist those who had been caught in the falling tim- bers and helped to restore order in ‘he trightened crowd. JUSTICE HORACE GRAY DEAD Retired Supreme Court Jurist Passes Away at Summer Home in Massachusetts. LYNN, Mass,, Sept. 15.—Justice Horace Gray, who recently retired from the United States supreme bench, died at hie residence in Nahant thie morning of paralysis. He had been In poor health for some time. Since his retirement he has been staying at his summer home. Judge Gray was born in Boston, March 4, 1825, and was graduated from Harvard college in the class of 1843 and from the law school in 1849. He was admitted fo bar in 1851. Hew as reporter of the supreme judiclal court of Massachusetts from 1854 until 1861. He was appointed assoclate justice of that court in 1864 and chief justice in 1872, President Arthur commissioned him a assoclate justice of the supreme court of the United States December 19. 1881. MORE DELAY- IN CARTER CASE Judge K Closing Testimony of January. at Extends Time for to Last CHICAGO. Sept. 15.—Another delay In the hearing of the Oberlin M. Carter case in the United States circuit court was made nécessary today by an order of Judge Kohlsaat extending the time for closing testimony untll January Before the proofs are completed it Is expected that Captain Carter himself will be temporarily released from Fort Leavenworth prison long enough to present his sworn testi- mony. This s the case in which the fed- eral government is seeking to recover a large amount of funds which Captain Car- | ter and his relatives had and which are said to be part of the proceeds of an il- legal deal with Contractors Gaynor and Greene. MERGER CASE AGAIN OPENS Government Investigatio, ern Securities Tee! n New ¥ of North feally k. NEW YORK, Sept. 15.—The government investigation of the acquirement of the stock of the Great Northern and Northern Pacific companies by the Northern Securi- tles compdny technically began in this city today. The commissioner appointed by the United States court for Minnesota, F. G. Ingersoll, will hold the first hearing here tomorrow. The defense met Mr. Ingersoll and the solicitor general, J. T. Richards, in conference today and agreed to adjourn until tomorrow. The solfcitor general will conduct the case for the United States. REPORTS ON FUNERAL_RIOT Mayor Low's Committee Considers In- Iting Spectators Respon: Interruption for f Obsequies. NEW YORK, Sept. 15.—The committee appointed some time ago by Mayor Low to investigate the riot at the funeral of Chiet Rabbt Joseph Jacob on July 30, reported today that the primary responsibility rcsted on persons in the establishment in front of which the riot occurred, in that these persons insulted the funeral procession Police headquarters is censured for not providing more protection to the la procession. FOR ROBBING UNION PACIFIC Edgar H. Neff is Sentenced to Serve at Least Two Years, Having Con- fessed Embesslement. DENVER, Colo., Sept. 15.—Edgar H. Neft pleaded guilty in the criminal court today to the embezzlement of $8,520 from the Union Pacific Rallway company and was sentenced to serve two te five years at hard labor in the penitentiary. Neff was cashier in Denver for the freight house of the Unlon Pacific Movements uf Ocean V. At Sept. 15, New York — Arrived — Hohenzollern, Bremen and Southampton; Moltke, from Hamburg; Minnetonka, from London; Tauric, from Liverpool At San Francisco—Arrived—Ventura, from Sydney yAt Gibraltar—Arrived—Trave, from New or! At Bremen—Arrived—Kaiser Friederich der Grosse, from New York At Cherbourg—~Salled—Bremen, from Bre- men, for New York At Glasgow—Arrived—Astoria, from New via Moville. Plymouth—Arrived—Kalser der Grosse, from New York At Southampton — Arrived — Koenigen Louise. from New York At Glasgow—Arrived—Carthagenian, from New York. At Liverpool—Arrived—Celtlc, from New Yook Wilhelm WAY preventing framtic men, | COURT ENJOINS MEN Judge MoPhersen of Iowa Signs Order | Drawn by Railroad Lawye { INJUNCTION IS SWEEPING IN ITS TERMS Seeks te Prevent Maintemanoe of Pioket Lines by the Strikers. ALSO DRAWS LINE ON UNION BULLETINS | Laber Leaders Declare Oourt Strikes ay | Their Persomal Liberty, THEY WILL CONTEST LEGALITY OF ORDER President MeNeil and Viee Pre Conlo Machinists Comment Action of Court. of Boller Makers Upon application of John N. Baldwin, at- torney for the Union Pacific, Judge Smith McPherson of Iowa, acting as judge of the United States district court in and for N Chad- | cept for a few who were bruised and cut. | pracka in place of Judge Munger, who wi | absent from the city, yesterday issued an order restraining the strikers and their | sympathizers from in any way Interfering with the company and its employes | United States Marshal Mathews served | the first coples of the restraining order at 1:30 in the afternoon on these strikers and | strike leaders at the Midland hotel: P. J |-Conton, first vice president of the Interna | tional Assoctation of Machinists; George | Mulberry, third vice president of the same | organization; George W. Smith, A. 8. Mil. | dred and George L. Hurst, members of the | local executive committee of machinists; J. J. Dinan and F. B. Roberts, Vice President Conlon immediately ar- ranged for a meeting of as many strikers as possible at Labor temple at 4 o'clock 50 that Marshal Mathews could serve hiy injunctions without having to spend sev- eral days looking up each man. Aceord- ingly a large number of the men mentioned in the injunction congregated at Laboi temple and accepted service. Mr. Mathews said: “Mr. Conlon and his assoclates have been very kind in fa- cilitating my work in this way. They mel | me very cordially in the first place and have materially lessened my task by bring- ing the men together.” Feeling of Indignation. There is a general feeling of indignation among the strikers over the context of the injunction, which they are confident is the product of John N. Baldwin's brain. They | regard it entirely t0o sweeping and do not believe it can be enforced. “We will violate certaln provisions of this Injunction,” eaid Messrs. Mulberry and iCnnlun to a reporter for The Bee. “There are provisions which strike at our personal liberties, and we will not amicably submit | to them. We are not desirous of breaking any law, but we do insist on having our rights. The ninth provision seeks to de- prive us of our privilege of free speech and |'the use of a free press which thd coustitu~ tion of this country places at our disposal, and against it we feel a bitter antagonism. It seeks to prevent us from sending our daily bulletins to our members in other places, but you may say that our bulletin today goes out just the same as If Do in- junction had been served. We are there- fore, in the sight of this injunction, in con- tempt of court and are subject to arrest, but we belleve we are within the range of common law. Substance of Petition. The petition upon which the restraining order was issued was filed after 10 o'clock and within half an hour the order was signed by the judge. In the petition the complainant, the Union Pacific Ratlroad company, alleges tbat a laige number of the employes of the company a few months ago quit its employ and sinte that time have been on what is commonly known as | @ strike; that they have congregated at and around the shops and premises of the com- pany in such numbers as to require the | presence of a large number of guards td | protect the property of the company; that | the defendants are destroying the property | of the company and doing acts of violence against the employes; that the company has | & contract with the United States govern- ment for carrying the mails, and that the action of the strikers has been such as to make it practically impossible for the com- pany to secure men to take the places of | those who quit work, which they could do ['1¢ 1t were not for that action, and that by reason of their failure to secure men to re- pair their property they may lose the con- tract for carrying the mails and suffer great loss through the destruction of property; that the strikers have defled the law and | the properly constituted authorities of the | city of Omaba; that the loss to the company | by reason of the action of the strikers may amount to many thousands of dollars, which the defendants are not able to make good at an action at law. The petition was printed, showing that the action of the company had been contemplated for some time. Order is Swe The order, which was also printed, with {blanks lett for the signature of the judxe {and the date of its lssue, is directed agalnst | 145 persons by name and “all others alding |and abetting sald defendants and who shall | bave knowledge of the writ or upon whom it may be served, and each and all of them are hereby counseled and directed to refrain: From in any manner interfering with the ree use and occupation by the Union Pacific Rallroad company of all its prop- erty and premises of every kind and char- acter and from in any manner interfering with any of its officers. employes or agents elthey by way of threats personal violance or any other forcible or violent means caulcu- lated to prevent or intended to r!:»un( such employes, agents or officers from enterin, the employ of said Union Pacific Raliroa company or from continuing in the emgloy of said company or which are intended to induce such officers, agents or employes to_leave the Service of said company From interferin, with, intimidating by violence, molestation or threatening in any manner ' the agents officers or employes of said Unlon Pacific Raliroad compauy end by means of such Interference, in- timidation or threats endeavoring to in- duce such officers, employes or agents to leave the service of sald com From congrega any. assembling or lojter- ing about or in the neighborhood of the premises of sald Union Pacific Rallroad company with intent to interfere with its employes or with the prosecution of thelr Work and from interfering with or terror- {zing or intimidating tne employes of said company with the purpose and intent o cause them to leave the service of said company or to prevent or interfers with any nuc‘\ employes in golng upon, about or off sald company's property and premises. Must Not Go on Premi From goilng upon the premises and prop- erty of said Union Pacific Rallroad com- pany at Omahs and from Interfering with the free accem of the employes of said company to their places of work and to their return to their homes. From congregating or assembling at or near the gates or entrances 1o the prem- ises of sald rallroad company and the fendants are Lo disperse and