Omaha Daily Bee Newspaper, November 18, 1909, Page 1

3 » [ ThE OMAHA BEE Ts the most powerfal business getter in the west, because it goes to the homes of poor and rich. ) THE OMAHA DaAILY BEE WEATHER FORECAST, For Nebraska—Fair, For lowa—Fair, For weather report see page . VOL. XXXIX—NO. 133. OMAHA, THURSDAY MOR MINE REFUSES 10 YIELD DEAD Bodies of Victims of Saturday’s Disaster at Cherry, I, Still Entombed. INTERIOR 1S STILL BURNING| Five Hours' Conference of Experts| Decides Against Breaking Seal. STATE TROOPS ARE ON GUARD Fear that Attempt May Be Made * e t Wreck Sleeping Cars. SHERIFF QUIETS AGITAT, British Miner Makes Speech Crowd, Telling Them Men Below Were Murdered by Bung- ling of Experts. CHEIRRY, T, Nov. I7.—After tlaiming them for four days the St. Paul coal mine, In which are still entombed the bodles of %00 or more miners, as a result of last Saturday’s disaster, today refused to yleld up its dead. Utter failure to devise any satlsfactory meéthod of recovering the bodies attended the work of rescuers. Tonight the interlor of the mine was burning almost as flercely as ever, the lift- ing of -the seal over the mouth of the holsting shaft indicating by frequent puffs of smoke, the presence of the flames ‘While the two companles of state troopy sent here to prevent possible disorder re- mained all day Idle in their cars, except for guard duty about the mine and sleep- ing cars at night, an important conference Wwas held. At this conference, which lasted Tive hours, there were present federal, state and local mining experts. The meeting wan called in response to a feeling that efforts should he’'made to penetrate the mine and bring up the bodles at all h ards. But at its conciusfon it was decided that no {mmediate descent could be made into the gas and heat-filled caverns with- out risk of killing the rescuers. “We meét nothing but obstacles In our efforts,” declared State Mine Inspector Thomas Hudson. “The situation fs most Qistressing,"” Experts at Conference. The conference was attended by Presi- dent Tarling of the rafiroad; George S. Rice of Pittsburg, of the United States geo- logical survey; J. W. Paul, in charge of the government rescue work; Illinols State Mine Inkgectors W. W, Little and Thomas ‘W. Little,. Indiana Mine Inspector James Apperson; Ohlo Inspector George Harrison; Apperson, Ohlo Inspector George Harrison, of the State Mine Inspecting Commission and others. Varfous schemes were proposed. Among them was one to open up an alr shaft, distant from the holsting shaft, which hitherta has been worked, and by means uway from the shaft down which It was intended to send the rescuers. Some of those who opposed this declared the entire project for rescue would have to be indefinitely postponed. They as- werted that the Internal fires were Intense, that it would be useless to risk more lives and that in fact ‘the mine would have to be sealed up for weeks and perhaps for months hefore the mine could be cooled off. Scores of women continued to linger about the ground. So great has been the anguish and mental strain during the last four days it is feared many women are on the verge of insanity. One woman, who duclared she had had dreams and vi®ons of her husband and brother still living in the mine, shrieked piteously, implored them 10 ¢, on the shaft and then fell in a sense- Yess heap in the sand. Temperature of Mine Taken. a‘:fl-rfln" to show the people that rything possible was being done the Ruthorities threw open the mine company's Erounds and allowed crowds to gather near the shaft. Detalls of what was being done | were publicly announced. As Mining Engl- feer Rice lowered a thermometer through A bure In the lid of the shaft to test the degree of heat another stepped forward and announced through a megaphone, “Ons hundred and fourteen degrees near the top” Mr. Rice rapldly lowered the thermome- ter the full 30 feet depth of the shaft and o fow moments later the voice rang out 107 degrees at the “Why," cried a chorus of volces, “‘that's &ood, they can do down in that. We can Stand 114 degrees in the sun, surely they'il 0 down in that. Men and women gazed on Intently with hopeful looks, some of them cherishing faint hopes that If & descent was made at once thelr buried comrades might still by some chance of fortune be found alive. But this burst of confidence was soon destroyed. Hope Again Deferred. Tt was explalned that owing to the gas in the mine, oxygen helmets would have to | RIEE served as postmaster in this city dur- | be worn by the rescuers and that a much lower degree of temperature than that in | took an active part In politics in Gage | ordingry conditions was necessary for those Who Wwore helmets. Moreover, it was said if the seal was opened the fresh alr rush- Ing in would fan the fire and before the rescuers would be albe to get down the!leaves two children,’a son and daughter. | !MProvement of e¢nditions in rural dis- flames might be leaping high. Disappointment was evident face. “If the fires conmtinue, will the bodle: ever be recovered?’ was asked on all sides, when it became known that & plan to seal 4p the mine for weeks or months had beqn jalked of, N Ve have gone over every detall of the ‘Situation,” sald mmissioner Traer of the investigating board. “We ha: in every the opinlon and advice of every one who is tamiliar with the mine. Our only thought is to ket out. the bodies If it is within hu- man power. That's all we can look for- ward to. Troops Guard Sleeping Cars, The order for the troops to guard the #tring of sleepers and the private car of President KEarling wes given by Sherift Skoglung after repeated rumors that plot- ters would blow up the train had served o frighten many of the occupants of the train. Later in the fay it beeame known that another company of militia Is being held in reserve at Monmouth for any emerg- eney. “I want to assure all who have any fear for their safety that they will be pro- on Second Page, ) pondered | over (he maps of the mine—we have heard | More Arrests Looked For in Warriner Case Mrs, Stewart is Released on Bond, but Warriner is Still in Jail, CINCINNATI, O., Nov. 10.—Charles L. | Warriner, deposed treasurer of the Bi | Four railroad, accused of embesziing $643,- 000, continued a prisoner In the Hamllton | county jail this morning, efforts of his attorneys to obtain bail for him in the ‘sum of $20,00 having so far falled Mrs. Jeanne Stewart-Ford, whose arrest a charge of having recelved $1,000 of the of the alleged stealings of Warriner, \d her liberty this morning, after 1 spent the night in &¥eell in the 'y department of fhe jall. ewart-Ford's bond was signed to- \ security bonding company and At once to her apartments at A " nd Race streets. irrests are in prospect in con- necy i the Warriner case is generally | bell& &, but Prosecutor Hunt, who 1s handling the case, refuses to discuss the probabilities along that line. Warriner late yesterday entered a for | mal plea of not gulity to the two counts of embezzlement and grand larceny in the indictment. Civil Rights Not Involved in Gift of Cup of Cotfze Iowa Supreme Court Decides Against Colored Woman Who Protested _ Against Refusal. (From a Statf Correspondent.) DES MOINES, Nov. 17.—(Special Tele- gram.)--The lowa supreme court today up- held the decision of a local court refusing to apply the civil rights law of the stat t0 a case whereln a colored woman wa: refused a free cup Of coffe at a pure food show two years ago. The court held that this was a private transaction and in no sense a public show or entertainment, and that at most, the humiliation was social in its character. Two of the judges filed a dissenting opinion taking the opposite view of the matter and insisting the law should be construed broadly. The Natlonal Grange in session today passed on the controversy over the pro- posed repeal of the oleomargarine tax law. The legislative committee was instructed to fight any attempt to repeal the 10 cents tax on oleo and to insist on having this tax retained without change. The at- titude of the grange Is almost unanimous. It 18 expected the state dairy assoeiation in session this week in Cedar Rapids will take similar action, {Court Lenient with McKay Boy Bandit May Be Returned to Jacksonville to Juvenile Court, LAWRENCE, Kan, Nov. 17.—Willie McKay, the 15-year-old Jacksonville, Fla., bandit, was arraigned before Judge Means of the juvenile court here today, chargl with robbing the FEudora State bank in ecmpany with Bullock, %, Young McKay repeated to the court the corfession he made following his arrest, to which he- added the declaration that | Bullock had threatened to kill him if he deserted. “I would rather have been killed myself than to have killed someone clse,” said the youthful prisoner. Fred Starr, the bank cashier whom 'Bul- lock rhot in the jaw, appealed to the court for lentency for McKay, who, ftarr | Bald, Was too scared to have shot «when he (Starr) entered the bank, and he added It was his opinfon that Bullock had not | really intended to shoot him. | Judge Means finally continued the in- | vestigation indefinitely, until he could hear whether or not Jacksonville has a juvenile court. If the Florida city has such an institution the court inthaated that he would turn McKay over (o it. In the meantime McKay was returned to the local jail, where he became a trusty. CHARLES M. RIGG DROPS DEAD IN WEST trice Man, Well Known in State nd Former Politiciau, Dies 17 Suddenly, gram.)—Word was recelved here today that Charles Rigg. a former Béatrice resident, |had aropped dead at Julesburg, Colo. Mr. | ing Harrison's administration and for years {ccunty. He was employed as traveling |auditor for the Beatrice Creamery com- | Pany at the time of his death and lived in | Lincoln. He was about 56 years of age and The body will be interred here. + terstate Commerce Commission except | BEATRICE, Neb., Nov. 17.—(Spectal Tele- | UNTFORM RULES FOR DEMURRAGE National Association of State Railway Commissioners Adopts Code for All Shipments, FORTY-EIGHT HOURS FREE TIME New England Officials Contend for Ninety-Six-Hour Limit. Certain Changes in Law. WANT RIGHT OF ROUTING Commission Should Alse Be Given Power to Temporarily Enjoin Proposed Increases in Freight Rates. WASHINGTON, Nov. 17.—Despite opposi- tion to the forty-elght-hour free time rule the National Assoclation of Rallway Com- missioners in convention here today ad3pted o uniform code of demurrage rules to be app'icable alike to state and interstate transportation. This code was incorpor- ated in a report of a committee headed by Commissioner Lane of the Interstate Com- merce commission. Instead of allowing only forty-eight hours free time for loading or unloading cars, with all commodities, as recommended by the majority of the special committae, three minority members reported In favor of seventy-two hours on cars containing more than 66,000 pounds. New England and Florida Object. W. P. Hail, chairman of the Massa- chusetts commission, sald that the custom in the six New England states was to allow. ninety-six hours free time and ‘he asked that the association go slow In recommend- ing forty-eight hours crly. To this Com. miesioner Lane said that while Mr. Hall had been a member of the committes which drafted the report he had never at- tendéd a meeting. R. H. Burr of Florlda contended the states should be left to fix the length of free time without Interferer ce. One of the niost determined advocates of limitation to forty-elght hours was C. F. Staples of M'nnesota. I have often wondered why our farm- efs could not get cars in which to ship thelr grain,” eald he. “I now have found out that it was becavse you fellows in New England and in Florlda were keeping them ninety-six hours for unloading.” In supporting a reciprocal demurrage amendment Chairman R. R. Prentiss- of the Virginia commission said that the big shipper could get cars pn account of .the volume of hix business, but it was the lttle shipper that needed protection. On the other hand, H. D. Loveland ot California stated that the people of his state were ready to’ al thelr reciprocal demurrage law, although ‘it “Wad bech In operation only eight months. In spite of all arguments, however, the report. of the committee, including the code, was adopted by a vote of & to 15, Suggestions from Shippers. The shippers' point of view of transpor- tation problems was laid before the con- vention at its session today. This task had been assigned to J. C. Lincoln of the traffic bureau of the Merchants ex- change of St. Louis, who addressed the convention. Here are some of the amendments of the laws and of railway rules and regu- lations, which he said were required by shipping interests: Giving to the Interstate Commerce Com- | mission, the power of (emporary injunc- tion over proposed increases in rates. Glving to smippers the right of routing. | Making the giving of erroneous quota- tions of rates by carrlers’ agents & mis- | demeanor; giving the power to somebody | to award damages (o shippers as a resuit | nactment of a law allowing cari to meel and confer as to tarlffs and regulations without violating the la of the land. Creating of a special court to have ex- {clusive and final jurlsdiction over ques. tions_ arising from "the orders of the In such iujiances where constitutional qu tlons would necessitate an appeal to the supreme court of the United States SALOON MEN ARE RELEASED Court Decides They Cannot Be Hela Because Employes Sold to India; DES MOINES, Ia., Nov. 17.—Charges of | selling whisky to Indians, preferred against Willlam Schandelmeler of Boone and John S. Lavin and Samuel Day of Marshall- |town, were dismissed in federal court to- |day. The government declared that whisky was sold by bartenders employed by these saloonmen and that, therefore, the latter cannot be held. VESSEY TALKS ON FARM LAND Governor of South Dakota Opens Ses- slon of National Congress at Chicago. CHICAGO; Nov. 1T.—At today's s |of the National Farm Land congriss Governor R. §. Vessey of South Dakota deilvered the opening address. He spoke on “The Call of the Farm” and urged an slon |tricts in order that the better class of | pecple might be attracted to farm life. Beer Kegs and | The former peddier was discoursing fa- millarly with a bunch of his cronies in a certain office in the court house. He is fairly well fixed In this world's goods now, “but there was a time when things were breaking pretty rocky,” he admits. “My partner and myself pulled off one trick 1§ this town I have been sorry for ever since. We needed money, but the #pirit of devilment inspired us even more, I belleve; and I never meet a man who is Bow & eity official without thinking what & long chance we took. “It wasia good many years ago, about this season of the year. The weather was |pretty stiff, and along toward evening we found ourseives with 'half & bushel of apples in the wagon that we apparently couldn't get rid of. We went to & saloon and bought & can of beer in order to get two drinks for & nickel. We drank it in the back yard of the place. While there wi Are Sold for Pie Material Baled Ha—y | noticed two empty half kegs and two | empty basrels such as apples are packed in. Then it was the idea came to hoax somebody. “We took the four barrels and put them in our wagon and went to a feed store and bought & small bale of hay. In each of the large barrels we put a keg, covered it with hay to almost the top and put a peck of apples in each, over the hay. Then we | sallied out to sell the two barrels—of as- pies, mind you. And that year apples were selling at % a barrel. We succeeded in #etting rid of both barrels for $4.50 each, but the trouble that followed took all the fun out ot the trick. The men that bought | them zcon Alscovered the hhy and the beer kegs, axd the police started on a voyage of diacovery, leoking for us, We heard, of the search, and had to go and | SHIPPERS GIVE THEIR VIEWS Traffic Bureau of §t. Louis Sumltl‘ ch_error. | G F('WEMBER 18, 1909 —TEN PAGES. From the Cleveland Plain Dealer. “Let 'em come. I'm ready for him!" MITCHELL DEFENDS BOVCOTT Former Leader of Miners Makes Dra- matic Speech to Labor Convention, MAY RENEW IOWA CHARTER Hawkeye State Federation Admits Violating Law and May Come Back by Complying with It TORONTO, Ontario, Nov, 17.—Endorsing a report of the committes an boyeott, John Mitchell, one of the three officers of the American Federation of Labor who are under sentence for contempt of court, made a dramatic speech to the convention today. He declared that as far as he was con- ccrned, regardless of consequences, he in. tended while at liberty to declare for the rights guaranteed him by the organic laws of his country. | The report which drew forth Mitchell's speech, and which was adopted by the convention, among other things, declared: “We say that wken your cause is just and every other remedy has been employed without result, boycott; we say that when the emplover has determined to exploit not only adult male labor, but our women and children, and our reasoning and ap- peal to his fairness and his cofisgience wH! net sway him, boyeott; #y that when Jabor has been oppressed, srawbeaten and tyrannized, boycott; we say “that when zocial and political egnditions become so bad that ordirary remedial measures are fruitless, boycott, and, firally, we say; have a right to boycott and we proposs to exercise that right. In the application of that right to boycott, to paraphrase the president (Gompers) we propose to strive on and on.” Mr. Mitchell's Address. { The convention broke into loud cheer- ing for. Mitchell as he concluded and there were cries for ‘Morrison.” ' The secretary did mnot respond. President | Gompers was absent. Mr. Mitchell said he realized that every | statement made by those on the conven- tion floor, and espectally by those who on next Manday would have to deliver them- selves to the courts, is belng closely scrut- inized. “I want the people of the United States to know my position,” he said. “I shall not speak defiantly, but I shall' not sur- |render any right guaranteed to me by {the constitution of qur country. IfT | know myself, not any amount of suffering | Wil persuade me that I have not the right to spend my money where I please or that T have not the right to write and speak as I please. “I understand that cognizance is being |taken at Washington of the uttersinces of men om the floor of this convention and I want clearly to state my position. I propose in the future, as I have in the |past, to execise the rights secured to me by the fathers of my country, and T pro- pose, if T am sent to jail, to declare again when I come out that I shall not for my- |self purchase any product of the Bucks' |Stove and Range company. I make this |declaration, not to tickle the ear of any [man, but that I may publicly declare the |conviction that is within me. | that the whole pro- | | *“It seems to me ceedings should prove a lasting lesson to |the workingmen of the Unifed States and | Canada. If all the working men had been |true to themselves there would not have |been a non-union product on the market. | "I repeat that so far as I am concerned and let the consequences be what they ay, I intend while at liberty, to declare |for the rights guarantced to me by the |organic laws of my country. I am preua of being an American.” Wants Real Libe#ty; Mr. Mitchell sald he had grown up as an American, with a step-mother, so poor that she could mot buy bread and related how he had crept out of bed at night to |get his father's soldier coat to keep him warm. . “But I want to see the word ‘American’ stand for all the sentiment that is symbol- ized by the flag of our country,” he con- {tinued. “I want real liberty, I don’t be- lieve in the liberty enunciated by some of our courts that men and women should have the right to work themselves to death. 1 don't believe in the liberty enun- ciated by Judge Tuthill of Chicago, who declared uncor itutional the ten-hour law for women and by that act compelling them to work fourteen hours a day.” The appeal of the Ohio State Federation of Labor from the revocation of its charter was dismissed. It was voted to recognize only the newly-formed Ohio Federation. The convention aiso authorizing the call- ing of a conference of the waring factions of the Brotherhood of Electrical Workers befcre September 1, mext, to settle their dispute. The committee on laws reported that the Jowa federation admitted a violation of the federation law and récommended that upon complisnce with law their charter be restored. This was ratified. In the case of the centra bodies of Cleve- land, Toledo, Davenport and Cedar Rapids, whose charters wers revoked as & result of the electrical workers' controversy, the settle. Since then I never have sold staves, hoops and hay for good apples. (Continued on Second Page.) Homestake Mine ,Bars Union Men, ' Strike Expected Long Labor War is Looked For ~—First\ in Lead Dis- \tfiot. LEAD, §. D., Nov. 17.—(Special Tele- gram.)—This afternoon notices were posted throughout the various workings of the Homeptake Mining cofipany signea by Superintendent Grier to the effect that after January 1 union men would not be employed by the company. This means a strike, the first that has taken place In the camp during the thirty-three years that It has been In existence. It {8 further understood that the com- pany will close down its works in a few days. The strike when it comes wlil be one which will be lasting for both the company and the union, which is backed by the Western Federation of Miners, Both are determined In the stand which they have taken. “Story is Silly,” Says Pinchot Chief Forestor Ridicules. Idea He Has ‘Yhreatened to Resign. ' WASHINGTON, Nov. 17.—"Thé story thi T have issued an ultimatum to the presi- dent 1s like the recent ‘conspiracy’ story, merely a sllly fabrication, Of course, I have done nothing of the kind, nor any- thing that could be twisted into that mean- ing. The president was good enough to ex- press his satisfaction with my work and I am golng ahead with it."” Gifford Pinchot, the government's chiet forester, in a statement Issued today, thus disposed of the reports published this morn- ing that he had gent a letter to the presi- dent threatening to resign if Mr. Ballinger remained in the cabinet. Secretary Ballinger was one of the cabinet callers at the White House today. The secretary sald he had merely taken up routine departmental matters with the president. Episcopal Rector Hangs Himself Body Discovered in Cellar of Home and Friends Are at a Lo: for Cause. ST. LOUIS, Nov. 17.—A speclal to the Post Dispatch from Maryville, Mo} says “The Rev. Jay D. C. Hathaway, rector of St. Paul's Episcopal church, eommitted suicide last night by hanging. His body was discovered In the cellar of his home this morning. No cause for the act is known to his friend WARE BACK TO PENITENTIARY Seymour Banker Refused Freedom DES MOINES, Ia, Nov 17.—~The Iowa supreme court today refused to hear the motion to grant Leroy Ware, defaulting cashier of the Farmers and Drovers bank at Seymour, freedom from the peniten- tiary pending the hearing on his petition for a writ of habeas corpus December 14. The prisoner was ordered taken back to the state penitentiary at Fort Madison to remain untll that time. SUGAR WEIGHERS INDICTED Report Many Have Been Caught in Customs Fraud Investigation. « WHOLESALE BEHEADING SLATED Deputy Surveyor Parr Says Undesirables Will Contain. More Than Twenty-Two Names When Finished. t of NEW. YORK, Nov. 17.—Although no of- ficlal confirmation could be had today, either from customs efficrals or United States District Attorney Wise, the report is persistent that indictments have been found against a number of govern- ment weighers, whom Special Attorney General Stimson has connected with the welghing frauds perpetrated by the Amer- lcan Sugar Refining company at its Will- iamsburg docks. The report from Washington that a list of twenty-two assisiant weighers had been furnished to the United States civil servics commission by the collector at New York of men implicated In the frauds In ques- tion was confirmed by Deputy Surveyor Richard Parr. Mr. Parr admitted that a list of “unde- sirables” had been prepared by him ana forwarded to the secretary of the treasury. He intimated, however, this list was much longer than that referred to by the United States etvil service commission and that whén the' finat “shake-up” came a con- siderably greater number than twenty-two would be dropped. The belfef is becoming general that a congressional investigation of the New York pustom house will be ordered. Colonel Edward 8. Fowler, collector of the port, today declared himself in favor of 'such an Investigation, Deputy Surveyor Barr modified his earlier declaration that he had discovered fraud In the importation of sugar at Phil- adelphia, by saying that possibly the dls- crepancies could be ascribed to natural | causes, such as shrinkage and moisture. At the headquarters of the American Sugar Refining company, President W, B. Thomas lssued a denfal of a report that he intended to resign. A report that A. H, Senff had resigned a re-election. —— BOND OFFERING BY GOULDS of the Missouri Pacific Raflway. NEW YORK, Nov. 17.—Announcement was made today that the Missourl Pacific Rallway company will offer to its share- holders at 5 /and interest $29,806,000 of first year gold bond: the Missourl Pacific company at par, from September 1,:1012, to September 1, 1932, The entire offering has been under by Kuhn, Loeb & Co. The bond is: form part ef the total issue of $175,000,000 itten be held January 18, 1910. The bonds are redeemable at 110 and interest on and after September 1, 1917, PETITION FOR SHIPP’S RELEASE Southerners Say Con Will Have Bad Negroes. RISING FAWN, Ga., Nov. 17.—A petition to pardon ex-Sheriff Joseph F. Schipp and codefendants, sigmed by practically every citizén In this viéinity, says In part "We view with grave fear the effect that the fulfiliment of the sentence will have upon ignorant and irresponsible negroes in- creasing beyond question the danger to the women of the south.' feet on Fire Routs General Grant; Family Relics in Danger| CHICAGO, Nov. 17.—Major General Fred- erick Dent Grant was forced to quit his home, 1400 Dearborn avenue, today by fire which originated In the basement and for a time threatened to consume the house. The comn:ander of the Department of the Lakes was awakened by the smoke and assisted his wite In escaping by climbing out of a window to the porch roof and de- seending to the ground by a ladder, which the firemen ralsed. Several of the servants were down the ladders by the firemen. carried The principal damage was by smoke and wator, | and General Grant feared for the safety of valuable papers, which he left in the lbrary. After watching the flames for « long time and ascertaining that they ‘e under control, General and Mrs. Grant went to the home of Mrs. Petter Palmer, who is Mrs. Grant's sister. In descending the ladder from the poreh roof, Mrs. was aided by firemen, assistance to the eral, aside. Mrs. Grant narrowly eacaped injury when she at first sought to escape from the house by’ the stalrway, from which she and General Grant were driven by the flames and smoke. Some personal papers and a pocketbook left by the general In his dressing room were recovered by a policeman. The furniture in the house is valued at | 86,000 and much of It was damaged. The first thought of General Grant, after seelng that the occupants of the house were safe, was & number of prized relies of his father, General Ulysses 8. Grant, emong them being a sword presented to the soldier at the siege of Vicksburg, a portrait and the fleld desk used by the commanding general during the war, Grant who also offered but were waved SINGLE trom | Issue Will Be Convertible Into Stock | ‘on of Sheriff board at COPY TWO CENTS. DOBBINS UNDER LAWYER'S LASH Direct Accusations Are Heaped Upon Shoulders of Alleged Operator in the Mabray Gang. MISSOURI SHERIFF ON THE STAND Ex-Official Denies Being Mixed Up in Any “Deal” with Dobbins. WAS EMPLOYED BY T. W. BALLEW Says He Was Offered One-Fourth of All the Money Recovered. SESSION CLOSES WITH ARGUMENT Attorneys In Wrangle Concerning Testimony of Alleged Vietim from Missourt—Judge Takes Matter Under Adviseme al ot The real trial of John R. Dobbins. leged operator for the Maybray ga the charge of larceny of $30,000 from T. W Ballow, a Missouri millionalre, was re sumied vesterday afternoon in the distrie court at Councll Bluffs, when the em: bittered cross-examination of the banker “Mike" was completed. Through the lonk and drastic questioning by Emmet Tinley, Dobbin's lawyer, Mr. Ballow became him. self almost a defendant. The close of tht sesslon yesterday found the lawyers an. gaged in an argument over the com- petence of the testimony of W. H. Ped: ford, a vietim from Bolckow, Mo., whose experience fs admittedly of no direct con- nection with Ballow's, Judge Green took the question under ad- visement nad will make his ruling at the opening of court this morning. A number of witnesses were oxamined on behalf of the prosecution, principally with a view to establishing the fact that immediately followlng the fleecing of Bailow Dobbins had plenty of money and left for the east. T. B. Minter, ex-sheriff from Princeton, Mo., apparently close to Ballow, was placed on the stand by the state when the banker was for the time relieved of bis ordeal Promived Share of Money. Minter testified that he had heen om- ployed by ‘Ballow to go after Dobbins and had been promiscd ore-fourth of‘all money recovered. Ballow, he said, had pald him about $500 in expense money up to date. ‘The firat direct accusation of Dobbins ccme when Minter declared that the de- fendant had spokep of an Intended deal where he expected to make some good money. “I asked him If he wesn't afraid," said Minter, “but he answered ‘He's Into it as much as any of them, he won't squeal. " “In your conversation with Dobbins aid you ask him anything about BaWow's con- nection with & woman by theshwme of Mra, Scott?” ‘asked Tinley Whéen He got to the witnes: “No. “Thek you didn’t get a note from a boy In connectlon with this case and take it to Ortan (county attorney at Princeton) to get Ortan to commence a suit to shake Ballew down?" “No, 1 didn’ a show of fire, Tinley then tried to get the ex-sheriff to admit that he had been In a deal to hold up Dobbins, when the defendant had been arrested for selling beer in a drug store at Princeton and that he was embittered against him anyway for political reasons. All of this the witnesses denied. Defendant Called Poker Player. F. L. Markley, manager of the Depot hotel at €herldan, Mo., testified that he snapped the witness with as director was also denied, It being ex- | had known Dobbins for many years and plained that Mr. Senff had merely declined | admitted under pressure that he knew the defendant to have been a poker player. He told of loaning money to Dobbins on {dlamonds and thereby gave the state an | Important point. | Louls Young, a traveling salesman from Ottumwa, Ia., reluctantly told of His ac- quaintance with Dobbins and of traveling in his company on that all-important Octo- ber 15, “Yes, he asked me to get off of the train at Sheridan and buy him a ticket to Chiy cago.” at last sald Youns. “He gave me a and refunding mortgage 5 per cent fifty-|ten-dollar bill to get it with and asked convertible into stock of | me to tell Markley | vestibule of the train.” | The state at last wrung from Yourg: the admission that Dobbins had eonfided to him that he had just won $7,60. Young countad meet him in the ¢ announced today s to|one roll of §,000 which Dopbins had and saw another of several hundreds more, in bonds which the stockholders are to be | Put he hated to tell about it ked to authorize at a speclal meeting to | Railway Conductor Silent. The testimony of Secott Cralg, a Rock Island conductor running between Kans |City and Rock Island, IIL, proved a bl nk. |He admitted that he kmew Dobbins, but would admit nothing else whatever, Clint Milthorpe, telephone operator on the ‘toll Sheridan, testified that he re- ceived & call from Dobbins making a date with aMrkley at the hotel in Sheridan for the payment of the debt on the diamend ring, “They call you ‘Hawkshaw the Detes- |tive’ down there, don't they? asked Tin- ley, who cannot refrain from that familiar little habit of jocularly hanging on a nleke name here and there. “Well, I've done some work In that lin" replied Milthorpe with stern dignity. W. H. Bedford, the “Mike" frum Bole- kow, Mo., was allowed to get no further than the statement that he had been des frauded in a Mabray fake and that he had seen Dobbiny (n Council Bluffs in company with that peerless trio known to him as George Maxwell, the ‘secretary,” Mr, Gordon and Ed Crawford. The attorneys for the defense were all ox their feet at once to enter objection as to the competence of this testimony against Dobbins, contending that there was no connection with the larceny case shown, Judge Green took the question under ads visement until this morning. Question of Bets. “How much money did you bet that last day," asked Tinley. “I didn't bet any," answere Ballew. 3 ""Look at this memorandum and tell me what of those bets represented your money. “I can't tell.” Tinley forced the witness to add the fi ures on the betting according to the mem. orandum, & total of 53,000, “Will you refresh your recollection and tell me how if $3,000 was bet for you or by you on that last day?’ “I furnished $30,000 to them that day,” said Ballew. “That was all of the money your side