Omaha Daily Bee Newspaper, November 7, 1903, Page 8

THE OMAHA DA = Creen Trading Stamps Mean interest on the money you spend. We give them absolutely free with all purchases. THINK IT OVER! URNITURE DEPT. AMELED post, faficy stretcher, larly sells for $4.00, IRON BED-—-Heavy scroll design, angle iron head and foot end—regu- CONTINUOUS POST BED--Scroll de wign, extended foot end, gold etched chills, regularly sells 4 05 for nt 'ONTINUOUS POST BED-—Artistic design, extra heavy filling, all colors, regularly sells for 8 95 e+ I DRESSERS GOLDEN OAK~3 drawers and beveled French plate mircor, neatly carved, regularly sells for 1 5 510,60, at. GOLDEN OAK FINISH-—Large pat- tern mirror, finely finished and best congtruction, regularly sells for $16.00, lz 50 IRON BED-1i4-inch post, handsoms design, 10 brass spindles, head and foot ends, regularly sells 4 95 for $18.00, at. IRON BED-—1%-inch continuous post, beautiful scroll design, gold etched chills, regularly sells |5 95 for $19.60, At............c... BN IRGN BED-—With 1%-inch continuous post, brass center, best hard backed enamel, all colors, regularly sells o i1.95 GOLDEN OAK CHEVAL DRESSER— 18x40, French pattern mirror, shaped top drawer, artistic deslgn, regu- larly sells at ‘a 95 » $18.00, GOLDEN OAK—2 large and 2 small drawers, large French mirror, cast brass trimmings, regu- Is 15 larly gells for $19, at... CONMMODES GOLDEN OAK FINISH-Best struction, 3 drawers and regularly sells R 4.15 Grocery! con- closet, Tn the front rank of the grocery business, GOLDEN OAK-—Serpentine front, one large and 2 small drawers, with closet, cadt brass trimmings, regu- iarly sells for $5.00, in 5.95 giving our ocustomers the best goods for the lowest prices. Every article sold with our guarantee, Green Trading Stamps Free. Postal Cards Free. Tel. 137. SATURDAY MONEY SAVERS, Golden Syrup, 3-1b. can Pancake Fiour, 2-Ib. Mincemeat, package . Peas, 2-1b.’ can ... ’ Baking Powder, i4-ib. can Wheat for breakfast, 2-1b. pkg Rgjled Oats, 2-1b. pkg 4 CANDY, CANDY, Breakfast Cocoa, ¥-Ib. can jest Laundry Soap, 8 bars . Headquarters for Butt Count: Butter, pound .. . Bennett's Capitol Creamery, b Medium Sour Pickles, pint Teas of Best Value. Tea Sittings, per pound . mperial Japan, pound B. F. Japan and Gunpowder, ib . CANDY. SPECIAL OFFER COMMENCING BATURDAY MORNING, NOV. 7th, AND EVERY SAT- URDAY HEREAFTER, WE WILL HAVE A SPRECIAL BALE ON CHOCO- LATE CREAMS, THESE ARE EXTRA SPECIAL VALUE. 1-pound box Chocolate Creams ....2¢ STEEL SCORES LOW RECORD Heavy Offerings Force Down Price of e Preferred and Common, BONDS ARE ALSO VERY MUCH WEAKER Cotton Attempt to Cover Shorts Contracts and Advance the Market in @ Most Sensa- tional Manuer. NEW YORK, Nov. 5.~The securities of the United States Steel corporation sold at lower prices today than ever before on the Stoek exchange. New low records were #cored at the outset, the common stock de- clining to 10%, the preferred to b4% and the B per cent bonds to 66%. Later on heavy offerings the preferred | wold to 63%. A speclal drive wi ‘made ®gainst the preferred stock, which came out in blocks of 1,000 and 2,000 shares. Lon- don was a heavy seller of steel and com- mission houses, with Pittsburg and Chi- cago connections, also sold. At the same time there was some buying of the securi- tles by westetn houses. Brokers were of the opinion that the greater part of the early sales was short stock. Other Industrials showed more or less weakness, but the rallway llst was coms paratively steady. Btocks made some im- provement by the end of the first hour. There was a sensational trade in cotton %-pound box Chocolate Creams ....15¢ d bnce more prices wer forced upward at a reeord rate. The mar- ket opened 4 points down on the near months to an advance of 12 polnts and soon after the opening was some 3 to 20 points net higher on excited coverings by those Wwho sold on yesterday's break, a good de- mand from spot people and further aggres- sive support from the local bull leaders. After reaching 1086 cents for December, 1080 cents for January, 10.82 cents,, for March and 1085 cents for May there was heavy realizing and some pressure from Wall street bear scurces. The market eased off 4 or 5 points, although it continued very active and excited. Hot ¥prings, Ark. On and after Sunday, November 8, the Iron Mountain Route will Inaugurate its solid through fast train service between St. Louis, Mo, and Hot Springs, Ark., via Benton. Train to be known as No. 17, will leave St. Louls at 8% p. m. arriving at Hot Springs 8 a. m. Returnin 13 will leave Hot Springs 7:30 Bt. Louls . m. For further informa- tion address Thos, F. Godfrey, Pass. and Ticket Agent, 8. E. corner 14th and Doug- las sts, Omaha, Neb., or H. C. Townsend, Gen, Pass. and Ticket Agent, 8t. Leuls, Mo — ‘Wil Resist Extradition, SAN FRANCISCO, Nov. 6—"Accessory to a murder” is the specific char made by the authorities of Coffeyville, David L. Nelson, who has just Tested here. The police are holding Nelson nding the arrival of requisition papers. Nelson intends to resist ex| tion an a8 gmployed an atiorney to take the legal fight for him. DECISION IS NOT DEFINITE Bryan Will Oontest Left in Doubt by Probate Judge BENNETT NOT UNDULY INFLUENCED Question Seems to Depend Upon Whether or Not Letter May Be Considered as a Part of the Wi NEW HAVEN, Conn., Nov. 6.—Judge Lev. irgston W. Cleveland of the probate court handed down a decision today in the Philo 8. Bennett will case, holding that the se- cret letter directing Mrs. Bennett, the widow, to pay Willlam J. Bryan $50,00 was not part of the will The effect of this is to prevent Mr. Bryan from obtaining the money mentioned in tho letter unless the present decision s re- versed by a' higher court, or unless he should be successful in legal proceedings against Mrs. Bennett in the event that the $50,000 should be paid under clausel twelve of the will, which reads as follows: Twelfth—I glve and_bequeath unto my wife, Grace Imogene Bennett, the sum of fifty’ thousand dollars ($60,000), 1n trust, however, for the purpose set forth in a sealed letter which will be found with sald will. The text of the lotter was made public at one of the hearings on the will. Mr. Bryan was not present when the decision was an- nounced, but his attorneys said he would undoubtedly appeal from Judge Cleveland's decision. Form of the Decree. The form of the decree will be announced tomorrow, when Mr. Bryan will be present. The court finds that the sealed letter, over which there has been a contest, providing for a gift of $50,000 to Mr, Bryan and fam- 1ly, was not incorporated in the will. Copies of the decres were handed to the attorneys representing Mrs. Bennett, the widow, and Mr. Bryan. When Judge Cleveland took his seat on the bench an Inquiry was made as to Mr. Bryan's whereabouts, and when it was stated that he would be here this after- noon the judge sald he would adjourn court until tomorrow, so that the form of the decree could be ennounced in Mr. Bryan's presence. Attorneys for Mr. Bryan sald that they were ready for the decree at this time, but the judge thought an opportunity should be given for further discussion of the case, if desired. He said: Judge is in Doubt. 1 find that the question of whether the will was properly executed was not raised, 1find that it was properly executed, and I find that the testator had sufficient testa- mentary capacity, Ifind that there was no undue nfluence by Mr. Bryan over Mr, Bennett. It was olatmed “that the sealed letter should be incorporated in the will. I find that refer- ence In the will was sufficlent as to the sealed letter. vet the language In the docu. ment itself plainly indicated that the will was executed before that letter was written. There was in existence before the JVill ‘waa executed a duplicate of the seale letter. That is considered In support of the contention that that paper was a part of the will. The sealed letter was found with the will. I find that there was no undue influence, but that the sealed letter was not incorporated in the will. No Opinion as to Bequest. The court further sald that he expressed no opinfon as to whether the sealed letter which gives 360,00 to Mr. Bryan and his family can be incorporated in the will. It may be urged,” he continued, “that it can be used, but as to that the court has no opinion to express.” Attorneys immediately asked the court if a construction had been placed upon the bequest and the court called their atten- tion to the text of the decision. Aftarward Judge Cleveland stated that it was 3 question whether the probate court had a right to consider the comstruction of the sealed letter and it was also a question whether the lawyers in the case could so frame a question in relation to the matter as to bring it within the province of the probate court to consider. Newton, Church and Hewitt, counsel for Mr. Bryan in this city, said in reply to & question that, although Mr, Bryan had not yet been Informed of the decision, he would vndoubtedly decide to enter an appeal trom it. No Undue I The text of the declsion includes about 2,50 words. In it the court, affer review- ing the evidence, says: The testimony of Mr. DeWett, who had known him for a quarter of a century, ahows that the testator was a sharp, able business man, a man of decided opinion from which hé was not easily turned aside. But whatever presumption might be raised by reason of Mr, Bryan's eruu! the will it has been in the opinion of the court ahundantly overcome by the evidence. Mr. Bryan testifies that the idea of a be- quest_In hie favor, so far being sug- gested by him or Mrs. Bryan, was a_com- plete surprise to both; a statement in which court has entire confidence, in view of Mr. Bryan's frankness on the witness atand and his evident desire to fully disclose all his relations with the testator and all the gircumatances surrounding the dratung of the 1t must also be remembered that the testator had ample opportunity to 5o ILY BEE: SATURDAY, NOVEMBER 4y 1903. hi§ will at any time during the last three years of his iife and without the knowl- edge of Mr. Bryan. r. Berinett d1d not in his will forget any of his heirs-at-law, and made ample pro- viston for the support of his wife. Taking the total amount of the specific legacies, in ‘mnnmllnn with his estimate of the residue, | as expressed in the sealed letter, he evi- dently thought he was giving his wife $100, | 000 or more. #ryan Makes Willlam J. Bryan reached this city late today from Lincoln, Neb., and at once went to the offices of his attorneys, where he read the decision in the Bennett will | case, which Judge Cleveland handed down | early in the day. After Mr. Bryan had conferred with his lawyers, he decided to make a statement, which is as follows: The decision of Judge Cleveland in the Bennett will case Is in my favor on all the moral questions raised by the heirs, and against me on the technical law only. The judge finds that no undue influence was exercised on Mr. Bennett, and that no in- justice was done to the relatives. He holds, however, that the letter to Mra, Bennett cannot be probated with the will, but_he expressly disclaims any Intention to decide whether or not the twelfth sec- tion can hereafter he held operative In establishing a trust, saying that the con- struction of the will is not in question at the time of the probate. Appeal Will Be Taken. The court in effect declares that the be- quest would have been good if made direct as Mr. Bennett suggested, but that under the declsion the letter cannot be probated in the absence of proof showing that “l was actually Ir_existence at the moment when the will was executed. If the will | fails, It will not be the fault of Mr. Ben- nett, but myself, and this point will be determined by the higher court, although my attorneys have not decided in what form the question will be raised. I am much better pleased 'with the de- cision than 1 would haye been if the court had decided for me on the legul point and against me on the moral questions involved, is decislon on the question of undue in- fluence is full, emphatic and all that could be desired. If is & complete answer to all the insinuations of unfriendly papers. Judge Cleveland tomorrow will hear mo- tions from the attorneys for Mr. Bryan, and for Mrs. Bennett and the heirs, upon the form of the decree to be entered. The motion for an appeal to the Superior court will then be made by Mr. Bryan's attor- neys. They are in conference with him tonight In reference to their claim for an appeal. Mr. Bryan sald he would remain in New Haven or within call of his attor- neys until the appeal to the Superior court is perfected, and that he will not go to Europe for some time. DEATH RECORD. ' Judge E. S. Abbott. CRETE, Neb., Nov. 6—(Speclal.)—Judge B. 8. Abbott, who for many years has been a practicing lawyer here, died at his home at an early hour this morning. He had been quite feeble of late, and the end had been anticipated for some time. Arrangements for the funeral have not yet been com- pleted. The funeral services occurred at the late residence In this city this afternoon. His sons, Lysle I. of Omaha, Guy L., Sherldan, M., Hugh of Deadwood, 8. D. and Claude and Roy of this city were all present dur- ing his last moments, CHarles Graftundes. WEBSTER' CITY, Ia., Nov. 6.—(Special Telegram.)—Charles Graffundes, an old and respected resident of this city, died sud- denly at his home this morning of a stroke ot apoplexy. He had resided here thirty- four years and was 65 vears of age. He was in the house standing beside his wife looking out of the window when the stroke came upon him and he fell to the floor, dying almost instantly. He had been en- Joying seemingly good health. Thomas Sherrill, BEATRICE, Neb., Nov. 6.—(Speclal)— Thomas Sherrill, a ploneer resident of this section, who located in Gage county in the | year 1%, died yesterday morning at the home of his son-in-law, Vol Whittemore, four miles northeast of Beatrice, aged 1 years. Sutviving him are his. wife and eight children. / Richard M. Kimber, GALESBURG, Ill, Nov. 6—Richard M. Kimber, superintendent of 'the' Galesburg division of the Chicago, Burlington & Quincy railroad, is dead at the age of G2. | He commenced work for the Burlington | in 1875, Statement, Frank J. Kobes, CRETE, Neb., Nov. 6.—(Special.)—The re- mains of Frank J. Kobes, who died Mon- ! day as a result of an attempt to commit suicide exactly a week before, were today taken to Wilber, where the funeral services and the interment occurred. Bucklen's Arnica Saly. The best in the worid for cuts, corns, bolls, bruises, burns, scalds, sores, ulcers, salt rheum. Cures piles or né pay. 2o For sale by Kuhn & Co. Twenty Killed in Battle, | NEW_YORK, Nov. 6.—The latest reports recelved here, cables the Herald's Monte- | Video correspondent, are to the effect that | about twepty persons were Kkilled or wounded in the battle at Rivera between the Uruguayan police and Brazilians. The government has suspended Ataliva Gomes, the mayor of Santa Ana, whose demand for the surrender of his brother by the au- Aots GGI'\H)'; Acts Pleasantly, Pcts Be.r\e.ficiall'y. fcts truly as-a Laxative. of Figs appeals to the cultured and the Syru welKin ormed and to the healthy, because its ome ponent parts are simple and wholesome and be- cause it acts without disturbing the natural funce tions, as itis wholly free from every objectionable quality or substance. In the process of manufacturing figs are used, as they are pleasant to the taste, but the medicinal virtues of Syrup of Figs are obtained from an excellent combination of plants known to be medicinally laxative and to act most beneficiall To get its bcnofi};ml effects—buy the genuine—manufactured by the IFoRyiAfig Stup San Francisco, Cal, Louisville, Ky: For ssle by sll dr\fg’ia'a. Q New York,N.Y. Price fifty cents per bottla, SAN DOMINGO STOPS SHIP Minister Powell and Dominican Authorities Olash Over Bteamer’s Cargo. BOAT IS REFUSED CLEARANCE PAPERS Under Instructions from American Minister Captain of Vessel Refuses to Comply with Dem: Leaves the Port. BAN DOMINGO, Nov. 6—A Dominican warship stopped the Clyde line steamer Cherokee as the latter was nearing Puerto Plata and Informed the captain that he could not enter that port. The steamer then proceeded for Samana and was also prevented from entering that port, the min- Ister of war ng the captain to pro- ceed direct to the capital. On the arrival of the vessel here the officials demanded that the cargo. intended for Puerto Plata and Samana be landed at this port. The agent of the company and the captain of the vessel refused to comply With this de- mand and appealed to United States Min- ister Powell for protection. Minister Powell interviewed the president and argued that since'the government of San Domingo had not advised the foreign legations of any blockade it could not pre- vent Cherokee from entering the ports of Puerto Plata and Samana, and insisted that the cargo should be landed at its destina- tion. The president in reply reiterated his demand that Cherokee's cargo be landed at San Domingo, but this Minister Powell re- fused to permit and declared he would hold the government responsible should any violent action be adopted toward the vessel. When the steamer was ready to leave for Azua clearance papers were refused, and it was again demanded that its cargo be landed at this port. Minister Powell wrote a sharp note to the government de- | manding & permit for the vessel to depart. The government refused to allow a pllot to board the vessel, and Minister Powell then instructede Captain Archibald to take his ship out and proceed for Azua, keeping his cargo aboard and landing it at the ports of destination. G The energetio action of Minister Powell has caused a great sensation, especially as thorities of Rivera caused the disturbance. the action lacked the support of an Ameri- can warship. Cherokee left the harbor without a pilot. The city is quiet, but preparations looking to its defense are in active progre: United States Minister Powell has In- formed the Dominican government that its proposition- regarding the clalms of the Santo Domingo Improvement company of New York is not accepted by his govern- ment, which Insists upon the naming of the arbitrators without Zurther delay. Powell Wants a Warship. WASHINGTON, Nov. 6.—A cablegram has just been received at the Htate de- partment from United States Minister Pow- ell, dated at San Domingo today, stating that the insurgents are marching on that clty and asking that a warship be at once sent there. The cruiser Baltimore, which sailed from Hampton Roads several days ago, is now due at San Domingo, and the Btate de- partment belleves that its presence there will be sufficient, ST. THOMAS, D. W. L, Nov. 6.~The German warships here are coallng and it is reported that they have been hurrledly ordered to San Domingo owing to the geri- ousness of the situation there. . MOROS ARE MORE FRIENDLY Show No Hostility During Recent Trip ©f General Wood Among Them, MANILA, Nov. 6.—Major General Woods reports that during his recent trip to Lake Lanao the hitherto hostile Moros of that reglon came in to meet him in a very friendly spirit. He will next visit Jolo, where there has been trouble recently through some Moros attacking and wound- ing two American soldlers recently. Governar W. H. Taft has just denied the protest of the forelgn consuls against the action of customs officlals in supplying importers with samples of goods shipped to the St. Louls exposition. Appoint Business Committee, LONDON, Nov, t was formally an- nounced tonight that Premier Balfour, with King Edward's approval, after consulting with the secretary of war, has appointed a committee to advise on the administrative business of the War department. The com- mitteeman named are Mr, Eisher, Sir John Fischer and Bir George 8. Clarke. PARKS IS AGAIN SENTENCED Two Years and Three Months in 8ing Sing ‘¢r Extortion, HE SHOWS NO SIGN OF EMOTION in Last So Physicians Say that He fis Stages of Sentence is Probably for Life. Tonsumption, NEW YORK, Nov. 6.—Samuel Parks was today sentenced to two years and th months In Sing Sing prison. This sen- tence was passed on the charge of extort- ing 3500 from the Tifany studios. It was alleged that Parks, as walking delegate of the Housesmiths and Bridge- men's union, forced the Tiffany studios to pay him $500 to call off a strike. This was Parks’ wecond mentence for ertortion. In the first he was released from Sing Sing on a certificate of reasonable éoubt. In \passing sentence today Judge Newburger had taken into consideration the cendition of Parks, who is sald by physisians to be suffering from consumption in an advanced stage. Parks' usual eir of Geflance has not en- tirely deserted him. #le heard the sen- tence without change of eature or sutward suggestion of emotion. Former District Attorney James Osborne, Parks' counsel, sald that he would in all probability appeal. but that no certificate of reasonable deubt would be applied for. Sam Parks was taken to prison this after- noon., NEBRASKA MAN IS FOUND Knox County Farmer in San Frane eisco, Though He Has Deen Seattle Hospital, SAN FRANCISCO, Nov. 6.—Leonard Welgand, an aged farmer of Knox county, Nebraska, whose disappearance somo weeks ago resulted in a search for him all over the country, has been located in this city He has a family of nine children in Ne- braska. He claims to have been in a hos- pital in Seattle during the time his friends were hunting for him. L Brlsneal OUT TO0-DAY The most necessary' Magazine for women. The first edition for December is over one million copies. It contains all that is most helpful to women for their own and their children’s dressing. It has fiction and entertaining articles for the leisure hours of mother and child, and its departments cover every phase of the home and social life. Four full pages in colors, representing We have issued a beautiful 50c. (25¢. FRE to subcribers) four-sheet Calendar for 1904. It is printed in colors, artistically mounted and represents BABYHOOD, CHILDHOOD, GIRLHOOD and MOTHERHOOD, A black and white miniature of this will be sent free to anyone writing a postal for it and mentioning this paper. Write to-day. BABYHOOD GIRLHOOD CHILDHOOD MOTHERHOOD are so appealing every mother should secure them | Of your Newsdealer, or any Butterick Ageat, or of the Publishers, at 15c. a copy, $1 for as entire year. The Butterick Pub. Co., Ltd., 7-17 W. 13t St., N. Y. Subscriptions Taken For AND ALL OTHER MAGAZINES, . THE DELINEATOR @5{ PR p——— T 3 . i Sl o The Delineator and All Maga- zines Always om Sale By Us i\