Omaha Daily Bee Newspaper, November 16, 1909, Page 1

f‘fin. whose legal execution for assault hid ,‘ !lvl - THE OMAHA DAILY BEE WEATHER FORECAST. For Nebraska—Fair, continued cold. For lTowa—Falr and colder. For weather report see Page 3. OMAHA, TUESDAY MORNING, NOVEMBER 16, 1909—TEN PAGES. SINbLE COPY TWO CENTS. NINETY DAYS FOR | SHERIFF SHIPP Tennessee Official Who Did Not Pre- | vent Lynching Sentenced to Contempt of Supreme Court, FIVE OTHERS ARE IMPLICATED | | I'wo of Them Given Ninety Days Each | and Three Sixty Days Each. [ FIRST CASE OF KIND ON RECORD Also First Instance Where Lynching Before Court. HISTORY OF THE INCIDENT Negro Who Was Sentenced to Hang | Appealed to Supreme Court and Was Lynched-——Sheriff Winked at Mobh. WASHINGTON, Nov. 15.~For the first time in American history six mcn are in| prison tonight for contempt of the supreme ‘court of the United States. For the first time, too, the federal government has | placed men behind the bars as the out- | come of the lynching of a negio. At the United States jail in this city | Captain Joseph F. Shipp, former sheritf at Chattanooga, Tenn.; Jeremiah: Gibson, his jailer, and Luther Wililams, Nick Nolun, Henry Padgett/and Willlam Mayes of the same city this afternoon began to serve terms of Imprisonment Imposed a few hours before by the supreme court of the United States. Shipp and Gibson had been found gullty failing to protect from & mob Ed Jjohn- Dbeen stayed by the supreme court until it could review the case. Others had been found gullty of participation in the lynch- ing of a federal prisoner. Shipp, Williams and Nolan were glven sentences of ninety Aays' imprisonment each, while Gibson, Padgett and Mayes each recelved sixty days. Chief Justice Fuller, who pronounced the sentence, designated the United States Jail in the District of Columbla as the place of imprisonment. Attorneys for the prisoners before the bar asked, on account of the difference In climate, that the fed- eral prison at Atlanta, Ga., be substituted for the Distriet jall. To this Attorney General Wickersham objected, g that the Atlanta prison was for I term prisoners and that the local fall was ‘much more suited for the present purpose. The court took the request under a visement and asked the marshal of the court to retaln the prisoness in his cus- tody for the time being. tody for the time being. Later the at- _ torney for the accused men withdrew the request he had made for the removal of mnm, Atlanta. and they were takes to J y Two Prisoners Old Men Heading the lttlo group of six men found | gullty of contempt as they \0ok thelr places | before the black-robed justices was Captain ph Joseph H. Shipp, the sheriff in Tenn., when he offended the | court. straight figure, his seamed | face and his gray-streakad beard told of | his long service in the army of tks con- | federacy. Bowed down under his 76 years Jeremiah | Gibson, the jaller, stood with him. With | bedimmed eyes he looked upon the long | whiie locks of the chief justice, himself 76 | years of age, who would soon pronounce sentence upon him, perhaps send him to prison, He and Captain Shipp had been found gullty of falllng to protect a negro, walting to be hanged on a charge of a helnous erime ~against a white woman, | afier the supreme court of the United | States had stayed his execution. | Luther Willlams, Nick ' Nolan, Henry adgett and Willlam Mayes, residents of Chattanooga, found gullty of participation n the lynching of Ed Johnson, formed the rest of the group. Before them all sat the officlals of thg Department of Justice. Around about them in the lttle court room | thelc attorneys and other lawyers, the three rows of seats for spec- were crowded. tors Only One Similar Case. The procecdings were practically without precedent. In 1575 John Chilek, a business | man of Texas, was brough: before the | court for coniempt In connection with deal- | ings In Texas indemnity bonds, contrary | @ 10 an order-of the supreme court. He [ fined §2%. But that Instance lacked the | inierest of the case today. In it were involved no race question, no lynching, no interferencs with state jurisdiction, only the majesty of the law as interpreted by the highest court of the land. The case today origluated In the court's declsion In Mareh, 196, to consider the appeal of Johnson, from a verdict of the Tennessee courts holding him guilty and sentencing him o he hanged on a charge of assault. The night after the determina- tion of the supreme court to review the proceedings was wired to Chattanoogs, a mob stormed the jail, took the prisoner out and lynched him. The court was much Ingensed by the | Iynghing and at its instancp the attorney general instituted procedings against Sherift Shipp, Jaller Gibson and twenty- five others supposed to have been impli- | cated In the lynching, charging them with | contempt. Many of the accused were exon- | erated and in the end only six were found gulity. The finding of the court was announced in May, just before the close of the last | term of court, but all the defendants en- | tered motions of rehearing, which had the Qeflecl of postponing action until this fall. On November 1 rehearing was denied gad | the slx men were ordered before the court for sentence today. No Effort to Save Negro. In investigating the case the supreme couwrt found that Johnson was removed trom Chattanocoga to Nashville before his trial because of fear that he would be Iyfiched. He was brought back for the legal execution. When the supreme court Stayed the gxecution, the court has held, | Bhipp 1uade no effort and gave no orders o have the deputies or others guard the | JAL, but left the might Jaller there alone, Saus night & white mals prisoner was 1em0veG rony The upper floor of the jail, | I\ lig 05y wounson and @ white woman @i At G0dr She court pointed out that s i bad been removed in the Beoes 4. 64 e thoe of The first attempt 10 Lioch deanson, whieh had been frus. Weliu L b’ 1gmoval of the negro. ke cuwst imfinding Shipp SULLY com. Demurrer | Charles | Employers’ Liability Act Declared | | Martin, aged 22 years, | Martin of Boone, { With the custom established by our fore- | | tathers, the people of the United States are Haskell Case 'NORMAL BOARD Must Be Tried, . ACT HELD VOID Court Decides| T Supreme Court Decides Act of Last ‘\ Legislature to be Beyond to Second Indictment | Constitution. Against Oklahoma Governor and Associates Overruled. NEW BOARD MAY NOT SERVE | | | | CHICKASAW, Okl Nov i—Tederal|Qpinion in Case is Written by Judge Judge John A. Marshall of Utah, today | 7'B. Ba . B. Barnes. overruled the demurrer filed by Governor | N. Haskell and five other prom- | tnent Oklahomans to Indictments char¢ing | JUDGE DEAN DOES NOT AGREE them with fradulently securing from the | gov™ title to large number of town o i H lots ‘ ogee, Okl Question of Eligibility of T. J. Th ants were ordered to appear : for b ext Saturday morning at Mfl)ofl Not Pll.ed Upon' Chie r The ' mtscharged them with fraud- | AT AMENDS LAWS NOT IN BILL ulenti ng titles from the govern- ment ! ds of town lots in Musko- gee. interest was aroused be- | TWo Separate and Distinct: Aet cause X n would determine whether Passed nt Different Sessions or not" gndants, who had fought Cannot be Amended in every & % cases, should finally go This Way. to trial, The five co-defendants of Governor Has- kell are: W. Turner, A. Z. English, W. _(From a Staff Correspondent.) R. Eaton, W.T. Hutchins and F. B. Bevers,| LINCOLN, Nov. 15.—(Specail.)~The iaw The six men were indicted by the federal | €nacted by the late legisiature creating a grand jury at Tulsa on May 21 last atter|0¢W NOFmAl board and abolishing the old siares Of -witnesses® had. been summoned. | &y UOARd has been declared ‘unecn- stitutional by the supreme court. The witnesses came from \distant parts of | "l TG (T (00 € OTREE BON T e John the United States and a féw from foreign B. Barnes, Judge Rose concurring in a countrles. separate opinion; Judges Letton, Fawcett The defendants wére under indictments on | and Rdot concurring, but not writing an the same charge before, but Judge Mar-|opinjon. Chlef Justice Reese concurred in shall quashed the first indictments on a technicality. The feleral grand Jjury | promptly returned new bills, rect.fying the fault that had made the previous. indict- | unconstitutional, the court did not pass ments fllegal. In arguing against the last |upon the eligibility of Thomas J. Majors, set of InMictments the defendants alleged |8 member of the new board, who was ap- irregularities in the jury rooms and |Pointed by Governor Shallenberger while pleaded the statute of limitations, still a member of the legislature which created the new board. The syllabus follows: “The title to chapter 78 of the laws of 1881, establishing a system of public Instruc- tion for the state of Nebraska, is broad enough to cover any and all necessary pro- visions relating to that subject, and what- ever might Have been originally made a part of that law, may, at any time, be en- grafted upon it by legislation professing to be amendatory if germane to the section or sections amended. “The provisions of the amendatory act of 1909 relating to the qualification, and the manner of appointing the members ot the normal Board of Education are germane to the subject of section 1, as contained in the act of 1881, establishing a : system of publie instruction, and Tramp Attacks Farmer and Wife, | [C0h % 00", pare thercof by amend Kills Latter and is Himself | ment. Killed. | “H. R. 2% of the laws of 1909, violates the | provisions of section 11 of article 3 of the | constitution in that, it amends by im- VERMILION, §. D, Nov. 15.—(Special’| piication, section 21 subdivision 13 of Telegram.)—Two lives were lost in a farm- | chapted 79 compiled statutes 1907, and does house tragedy in Riverside township early | not contain the sections as amended or this mornipg and a third victim of the | purport to repdal the same. part and dissented in part. dissented. As the new normal board was declared Judge Dean Special Assistant United States Attorney General 8. R., Rush has received a tele- gram from Oklahoma City, saying: Demurrers to all the indictments in the | Huskell cases were overruled this morning by Judge Marshall. The defendants are glven until Haturday morning to plead to the indictments. Two Dead and Third Dying in Farm Tragedy are | From the Cleveland Plain Dealer. The sunny south seems to protest B \ ALL MEN IN COAL MINE ARE DEAD Rescue Party at Work at Cherry, Tl Abandons Hope of Finding Any Miners Alive, |SHAFT IS AGAIN SEALED UEF Fire Breaks Out Soon After the Cage is Lowered, LITTLE PROGRESS IS MADE Party Forced to Retreat After Pene- trating One Vein 150 Feet. NO BODIES ARE RECOVERED Explorers Find Nelther Living Dead—OQver Thousand Orphn and Two Hundred Widows Need Relief. CHERRY, T, Nov. 15.—The 300 or mory miners who were entombed In the St. Pau coal mine by last Saturday's disaster arc dead. Rome of the bodles lie burfed be neath thousands of tons of earth, whick have caved In upon them, and it Is doubt: ful if many of the bodies can ever be re: covered. This was the opinion tonigh{ - | When attempts at rescue work, carried on night and day for forty-elght hours, was temporarily abandoned. Fires in the mine \DEMOCRATS WIN OVER BRYAN Lincoln Leaders Boast He Will Come to Taw on Platform. | EDGAR HOWARD SOUNDS KEYNOTE Hope to Stand by Present Laws for Regulation of Liguor Sales— Leader in Pecullar Pix, (From a Staff Correspondent.) LINCOLN, Nov. 16.—(Speelal)— Demo- ecrats here boast that Mr. Bryan has been whipped Into line. The frequent confer- ences he held last week, winding up with | talk with Arthur Mulien Saturday, ended lin his utter rout rather than the rout of he democratic lesser lights. In other ords Mr. Bryan will permit the democra s of the state to write a platform which does | not contain a county option plank. Edgar Howard in his Columbus Tele- | gram this last week verifies the story pub- lished in The Bee of the recent Bryan- | Dahlman-Howard conference, including his desired platform, which he sgts out as fol- lows: s trs y will die, A farm-laborer ats | «Two separate and distinet acts adepted teked™ Abert Nelscn, and:, Wife with & | ot gifferent sessions of the legislature can- razor while they slept. Ho killed Mrs.|yo¢ pe amended by an act which purports Neleon and was in turn killed by the hus- | %L BFENHC T G O band. The latter received such serjous [\ LTIV IR R et wounds that he, too, will die. Robbery was the motive, as the hired man had only | ODtains an attempt to amend and ropeal it 10 the Hote Bksetke miair the governing statute of the eKarney Nor- mal school by amendment of an inde- The tragedy occurged at 1 o'clock in the morning. According 'to Nelson the hired | Pendent statute relating to the State Nor mal school at Peru and for that reason man came to the farm Saturday night. He Intended to husk corn this week. This | contravenes the constitutional provision morning Neison and his wite were aroused | that ‘no law shall be amended unless the by some one in thelr bedroom. Before they | new act contains the section or sections had time to move the hired man began | so amended and the section or sectlons so slashing at them with a razor. He suc- | amended shall be repealed.’ ceeded In killing Mrs. Nelson, but béfore| “It was suggested in consultation that| Nelson went down he succeeded in landing | the point last above n ntioned was not @ fatal blow on the tramp laborer. mation s very meager, as talk mueh. Infor- Nelson cannot presented on the argument or in the brief of the relator, and be considered. The answer to the s gestlon s that this is an action on behalf of the state brought by the attorney gen- eral to ‘test and determine the question Law Held Valid, of the valldity of the statute in order to Exccpt in Statcs““"““' the educational interests of the |state, and it for any reason we are con- | vinced that the statute Is unconstitutional | we ought to so determine; for if the courts can, under such a pretext, nullify the con- stitution we will soon find | openly detying the provisions of mental law which we have sworn to uphold.” Chief Justice Reese says the fective insofar as it relates to | Normal school, but not to the school at | Kearney. Judge Reese says: ‘‘There |seems to have been no effort made to | reach that institution or in any way to molest it, and, therefore, it will be man- aged, controlled and governed as hereto- [fore. This state of things, it true, s to be deplored, but we must aceept the law and the constitution as we find them. Judge Dean in a dissenting opinion ex- | presses the view the new act does ot con- | travene section 11, article ilf, of the constl- ! tution. “The purpose, the intent and spirit of the fundamental law i8 fulfilled wen the subject of the section sought to be re- pealed 1s fairly and clearly identified and | referred to by the language of the amenda- | tory act, even though the section number may be omitted. The econstitutlon is not to be construed so as to destroy legislation that is not glearly Inhiibted by its lan- guage. A greai peril lies in the direetion of a judiclal annullment of the legislative will that is not clearly and beyond ques- ton warranted by reasonable Interpreta- | tion of that instrument. It has been well ourselves the funda- solemnly Good by Court in the Territories. WASHINGTON, Nov. 15.—The employers’ llability law of 1906 was today declared to be constitutional in territories of the United States and the District of Columbia by the supreme court of the United States despite the fact that more than a year ago this law was declared to be unconstitu- tional when applied to the states. The question arose in & suit for damages for the death of an employe named Guit- erez on the El Paso & Northeastern nu-\ act s ef- the Peru road in New Mexico. THREE HUSBANDS AT ONCE CHARGE AGAINST GIRL Mrs. Goldle Martin Indicted at Des but Pleads Not DES MOINES, Ia, Nov. 16.—Mrs. Goldle was arrested and arralgned today on an indictment which alleges that she has three husbands. They | are alleged In the indictment to be Edward Ralph Freeland, Des Molnes and Edward Boston of Lucas, la The young woman pleaded not gulity and gave bonds of $1,000, securing her temporary release. (Continued on Second Page.) Taft Proclaims Day o} Thanksgiving and Worship WASHINGTON, Nov. 15~Thursday, No- vember 2, was today officially proclaimed by President Taft as Thanksgiving day, as follows “By the President of the United States of Amerioa—A proclamation: The seasen of the year hus come when, in accordance cheerful and resolute people to all the re- newed energles of beneficient industry and material and moral progress. It is alto- | gether fitting that we should humbly and | gratetully acknowledge the divine source of these blessings. ‘““Theféfore, 1 hereby appoint Thursday, the 3th day of November, as the day of general thanksgiving and 1 call upon ail | people on that day to lay aside their usual vocations, to repair to thelr churches and unite in appropriate services of praise and thanks to Almighty God. “In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. “Done at the ety of Washington, this, the 15th day of November In the year of befalien us. We have lived in quietness, our Lord, one thousand nine hundred and wont to meet In their usual places of wor- ship on & day of thanksgiving appo’ ated by the civil magistrate to return thanks te God for the great mercicg and benefits | which they have enjoyed. “During the last year we have been highly blessed. "No great calamities, or flood or tempesi or epidemic sickness have on & published interview alleged (Contingcd on Sccoud Puge) E) undisturbed by wars or rumors of wars. | nine, and of the Independence of the United Peace and the plenty of bounteous erop and | States, the one hundred and thirty-fourth. of great industrial production animate a SWILLIAM H. TAFT." therefore should not | " F1#st—n declaration in Wi br of the prin- |olple of al our present’ Nebraska liquor Maws, snd in favor ofitheir rigid entorce- | ment. | Second—A specific: and hearty endorse- | ment of the daylight saloon law, and of |the action of Governor Shallenberger in approving that law. “Third—In favor of & law which will pro- vide a prison sentence for second convie- tion on charge of selling or glving intoxi- cating liquors to minors, no matter whe. her the seller or the giver be a saloon kecper | or not. “Fourth—A declaration in favor of actlon by the national congress to forbid the lasue of federal lquor permits in any town, | county or state where the people have voted against the liquor traffic.'” There is information at hand to show that Mr. Bryan knew what Bdgar Howard intended to publish last week and there s | also information at hand to show that Mr. | Bryan endorsed that platform. Consequently if Mr. Bryan runs for the senate he will run on a democratic plat- [ form which does not endogse county option, though he himself may make a declasation favoring it, even though he holds that a platform is binding on what it omits as well as what It says. |SHAFT TO NORTHERN TROOPS | Monument to Massuchusetts Soldiers Unveiled at Baton Rouwe, Lounisiana. BATON ROUGE, La., Nov. 15.—With sim- ple but impressive ceremonies, the monu- { ment erected In memory of the Massachu | setts soldiers wib were buried here during the war between the state was, unvellsd { today. | The ceremonies began with a military and civie parade to the National ceme- tery, where the visitors were welcomed to {the state by Governor Sanders and the | hospitality of the eity extended by Mavor Bynaman. General C. H. Taylor formally presented the shaft to the state of Massa-, chusetts, Governor Draper of Massachu | setts made an address of acceptance, and In turn presented the monument to the fed- | eral government, General King of the Na- | | tional cemetery accepted on behalf of the | United States government REFORM SCHOOL FOR BANDIT | willle McKay, Bullock’s Companion. Saved from Petitentiary by Youth, LAWRENCE, Kan., Nov. 15.—Willle Mec- Kay, the I5-year-old Jacksonville, Fla., boy |who with Earl Buollock robbed the State | {bank at Eudora last Friday, was arraigned {In the juvenile court here this afiernoon {on a complaint charging him with robbery. It is thought that McKay will be sent to the reform school, his youth serving him from a penitentiary sentence No letter from Mrs. Willlam McKay, the youth's mother, had been received up to this afternoon. Mrs. McKay telegraphed the Lawrence officlals Saturday to hold her son until a letter written by her that day reached them. TRACTION SALE M’UST.STANDi Supreme Court Refases to Interfere in Foreclosure of Mortgage on Metropolitan. WASHINGTON, Nov. 15—The supreme court of the United States today refused to review the decree of the lower courts ordering the foreclosure of the mottgage of the Guarantee Trust company on a portion of the property of the Metropolitan Street Rallway company of New York | which [the roaa City. Warriner Case Before a Jury at Cincinnati Mrs. Jeanette Stewart Promises to Go Before Inquisitors and Impli- ! cate Chicago Man. CINCINNATI, O, Nov. 15.—At a spe- clally convened session of the grand jury of Hamilton county investigation was be- gun today of the alleged shortage of Charles L. Warriner, deposed local treas- urer of the Big Four raflroad. On the convening of the grand jury to- day Prosecutor Hunt read before that hody a transcript of the proceedings before Justice Muller ‘In which " Warriner was glven a chance to plead, but instead walved examination and was admitted to bail in the sum, of $20,000. Attorney A. W. Goldsmith, law partner of Governor Harmon and one of the local counsel for the Big Four, and several of- ficlals from the accounting and financial departments of the Blg Four were among the witnesses who were expected to be heard during the day. Tt was announced that Mrs. Jeannette Stewart, or Mrs. Ford, as she 15 also known, would be summoned to appear as a witness before the grand jury, probably tomorrow. Mrs. Stewart, who was men- tioned by Warriner as' one of those to whom he claimed to have paid blackmall has strenuously denled that she ever re- celved any money from Warriner and an- nounced last week that she would appear before the grand jury on her own motion if & summons was not:issued for her. Denying thet she ever recelved a cent of money from Warriner, she has hinted at sensational’ disclosures In connection with the case, intimating she could give damag- | ing evidence which would involve a prominent man of Chicago, formerly in the employment of the Big Four rallroad. Gompers’ Plea for a Stay is Denied by Court! Notice of Appeal Must Be Filed by Friday Night or Mandate Will Be Filed. WASHINGT N, Nov. 15,~The court of appeals of the District of Columbla to- day denled an application made by coun- sel for Samuel Gompers, John Mitchell and Frank Morrison, of the American Federa- tion of Labor, sentenced to jail for con- tempt, for a stay in the issuance of the mandate to the supreme court of the Dis- triet of Columbia, until January 2, 1910. Unless notice of an appeal is given before next Friday night, the mandate will be handed down Saturday. COURT CUTS RECEIVERS’ FEE Stickney and Smith Get Only Half of Claim in Great Western ST. PAUL, Nov. 15.—Judge W. H. San- born today filed an order allowing A. B. 8'lckney and Charles H. F. Smith, as re- ceivers of the Chicago Great Western rail- road, approximately, one-half of the amount they expected as compensation for thelr work. They asked for $50,000 a yea H. B. Burt, who succeeded Mr. Stickney as recelver, will get $40,000, but not by the court's order, as he was engaged by spe- clal contract with the London committee is managing the reorganization of mede further descents of rescuers impos- sible. Efforts to carry fresh alr and life to the imprisoned men served only to enliven some sparks which sprang into a flame. Soon the heat and smoke became so dense that it was again necessary to seal up {the mouth of the holsting shaft, and to- night the men down there, whatever their ondition, are e 1 PRISONER'S WIFE IS IN COUET}?,,":":.::";: locked in as effectually as | Whether the bodles will be taken out Jury to Try Alleged Maybray Steerer tomorrow or not for several days will de- BELLEW 0N STAND TODAY, Missouri Banker to be First Witness Against Dobbins. " x ternal i Almost Solidly of |Pend upon the condition of the in s Lo fire. It s possible that steam and chem- PrrmetuBiy Dusel ‘st {teals producing & carbonic acld will Witnesses. be forced through -pipes to the hottom of |the mine tomorrow. These will have a The contentii that John R. Dobbins was |tendency to choke out the flames. himselt a vieum of the machinations of Three Hundred Coffins. the Mabray gang of swindlers is under-| It was learned that 300 coffins have been £i00d to be an important feature of his de- |ordered, half of tnem to, arrive tomorrow tenso against a charge of larceny com- and half the following day. Meanwhile mitted as & ‘steerer” in a horse race the several score of nurses who have been swindle. The trial began yesterday In|rushed here look forward to no prospect district cBurt at Councll Bluffs, lof herole work In reviving Injured and It has been intimated that his attorneys | half suffocated men, It Is confidently be- will attempt to show that Dobbins was lleved there will bs no one brought out himself a “Mike" In the operation of a of the mine who will be within the power typical Mabray race which resulted In the of the nurses' resuscitation. loss of 320,000 by T. W. Bellew, a banker | Hope swung frequently in the balance from Princeton, Mo, This race, which was | today. Before the fire broke out again held in a field near Council Bluffs on Oc- |rescuers descended four times, Then the tober 13, 1608, forms the basis of the pros- | rumor circulated quickly =~ through the ecution of Dobbins now in progress. |crowds that the men below ground had The first testimony against Dobbins will | been reached and that the reason they be taken today before a jJury, which was | were not brought up irumediately was that secured yesterday after a tedlous court ses- they were exhausted by Twek of*160d and slon occupying the entire day. The mem- | smoke. bers of the jury which will try the case| “They're alive,” they're alive!” cried are: J. H. Dau, farmer; Phil Bintz, |hopeful mothers and wives. ‘‘They'll be farmer; Henry Hastings, S. H. Filbert, E. | brought up pretty soon.” W. Wilkey, farmer; 8. A. Larped, A. H.| But the truth was far different. The Flscher, farmer; Casper Blumer, retirod | rescuers did on one occasion go down 30 farmer; John Churchlll, retired capitallst; | feot to the bottom of the holsting shaft. Maurice Hough, farmer; B. C. BOstwick, | Then grouping thelr way about by the farmer; Matt Shea, farmer. | light of electric lamps and kept alive by When at 5:3 o'clock the empaneling of A \ oxygen stored in thelr helmets they the jury was completed Judge W. R. Green | pociated 150 feet to the bottom gallery. n delivered the formal charge and turned | gu¢ none of the men, dead or alive were the twelve men over to Captain L. B. [ g0 ' Cousins, bailiff, with Instructions to keep men are lodged at the Kiel hotel and will Y i not be separated until the conclusion of | the case. Fire Breaks Out Again, It was conjectured the miners had The First Witness. @awled for rafety Into the recesses re- T. W. Bellew will probably be the first, |motest from the fire, but to these parts as he is the principal to be examined by | the rescus the etate, He arrived from Princeton early and is not missing a word of the descend, ‘the fire had | broken out. trial. He 1 known as a financler in his | Gradually the crowd about the mouth of community and is sald to be worth about |the shaft began to thin as hope spemed 12,000,000, to wane. Through Bellew’s efforts about ten wit-| The spectacle about the mouth of the nesces from the vicinity of Princeton will| wrecked mine at dusk was pathetic. A be present to testify. Among these men | tall skeleton tramework of irbn rods reach- will be O. Harrls, & banker from Harils, | ing skyward, surrounded by & group of low Mo., who came near to being the stake- | buildings, which a few days ago had been hoider in a Mabray game, but with vare|the scenc of Industry, suggested by their d scretion withdrew before he became en- | gesolation that hope had been abandoned. rs were unable reascending. Before they could again to go without ;m;slod, T mub mmklr. ex-snerl'fl’ 8 Only a half dozen guards patrolled the rinceton, w e a witness at the so- . )y | premises. In the distance scattered oy licitation of Mr. Bellew. The testimony o e the fleld here and there, a few women wrapped in shawls gazd on in silence. As a result of the disaster there are in this town of only a few thousand at least 1,000 orphans and 200 widows. Some Sumilics of one widow and as many as seven or clght children will be dependent on charity. These are the flgures of Duncan Me- Donald of Springfleld, Iil, president of district No. 12, United Mine Workers, who tnstituted a roll call of the families of the entombed miners. Mr. McDonald early abandoned hops that any miners would be brought up allve. Earling Still Hopeful, President Earling of the Chicago, Mil- waukee & St. Paul railroad declined to commit himself as to the fate of the men “The men are just as safe now as they | were yesterday at this time," he sald. ““The {mine 15 too big and has too many ramifica- Mrs. Dobbins was the only woman in the | tions to be filled with smoke )my. Bestdes, court room. Faylng closest attention to [the smoke is not being carsled downward the movement of the case. she sita to the {by any alr currents, If the men were alive left of her husband at the lawyer's table, | ye man may be alive now.” She is small, semi-blonde and rather 300 | Mr. Earling caused o house-to-houss oan- looking In her sad expression. Dobbins, a |vass io be made. This showed 26 miners — missing, but some of the families were not at home, and it is believed that when a of this group of witnesses will be largely for the purpose of corroborating that of Bellew, They will, it is understood, testify that they were approached by Dob- bins. iSoth’ Mr. Dobbins and his wite are tives of the Princeton community and had been known for many years to Bellew. Among the witnesses who arrived yes- terday were: W. H. Bedford, a member of the “Mike" fraternity from Blockow, Mo., who lost %,000; C. A. Nelson of Alma, Mich., another victim, and Sam Cralg, a Rock lsland conductor from Kansas City. | Cralg’s run takes him through Princeton and he is expected by the state to be able | to tell something of the movements of Dobbins, with whom it is said he was well acqualnted. | Mrs. Dobbius in Court. , ever (Continued on Second Page.) Kansas is- Under Water, Train Service is Delayed TOPEKA, Kan, Nov. 15.~The Kansas- river, which rose suddenly Sunday, causing | much epprehension, began to fall tpday. | Little or no damage was caused here owing | to dikes, but west of Topeka the water | overflowed the lands, loss to growing wheat shock. | At Belvue; where Vermillion creek left its banks, flooding the bottoms and driving & few of the more timid to the hills, the water also receded today. | The Union Pacific trains from Manhattan | to Topeka were run early today over the Rock lsland tracks, because the water cov- ered the ralls in the vicinity of Wamego, making the passage of trains dargerous. The officials of the Union Paecific say that trains will be resumed on the main line late today low causing and corn some in the complete list is obtained the number of entombed miners will exceed 30, Seal of Shaft Brok The morning dawned hopefully. At an {early hour the main shaft, which had been sealed since Saturday, was opened and a determined offort begun by the experts and |volunteers o release the lying miners or |to take the bodies from the wreckage. lands near Topeks | Before 9 o'clock the crowd assenfbled Who had become panicstricken, followins |around the roped enclosure surrounding the the sudden rise of the Kansas river, have | mine bulldings and the workmen broke the returned to their homes, |seal of the shatt. There was little smoke ATCHISON, Kan, Nov. 15.—Heavy rains [in the shaft and this gave hope that the between Effingham and Blue Rapids have |fire had been smothered out and that they complegely annulled through service on the ‘ would at least bo enubled to enter the mine. Central branch of the Missouri Pacific| A. R. Newham, president of the Ste'e raliroad. The railroad bridge over Ver-|Mining board, conferred with Mine Exam- million creek near Viiets went out and the | iner James Taylor, R. Y. Wiillams «nd railroad tracks have been washed out in |others, who reported in their oxygen hel- many place | mets, ready (o descend. rly today there were four feet of water | Just the signal was given the au- in the depot at Frankfort, Kan., and there | thorities swore In an extra force of deputy was water in the streets of Vilets and |sheriffs. They belleved that wi'hin a few Vermillion, | hours would begin the recovery of the Bervice on the ‘Central branch will not [dead. They folt the grewsome sight would be resumed before 'Tuesday. arouse the feelings of the surviving rela- The tracks of the Crete branéh of the |tives and that great difficulty wou'd te Missourl Pacific in Nebraska were dam- |encountered in preventing disorder, aged by the overflow of the Nemaha river, | To prevent this & large force of office:s Persons on the low ete., as