Omaha Daily Bee Newspaper, November 20, 1909, Page 1

| A= "y NO MORE GRANTS M cunity in the customs investigations at @ Collector Loeb, the secretary said, as- N B vA NEWS SECTION PAGES 1 TO 10. THE OMAHA DAILY BEE ————————————————————————— WEATHER FORECAST. For Nebraska—Fair and warmer. For lowa—Falr and warmer. For weather report see page 5 —————————————— ' VOL. XXXIX—NO. 135. OMAHA, SATURDAY MORNI NOVEMBER 20, OF IMMUNITY Secretary MacVeagh Announces Gov- emment Has Sufficient Evidence in Sugar Fraud Cases. HOUSECLEANING ACT CONTINUES Hundred Twenty-Four Employes of Customs House Dismissed. OTHER CHANGES MADE Hundred and Twenty-Three Men Re- duced in Rank. MARY END I8 NOT YET IN SIGHT vy Indicntes More Changes Are Coming at New York and That Other Ports Are to Be Investigated. WASHINGTON, Nov. 19.—The elimina- {lon from the customs service of Acting Deputy Surveyor James F. Vail, the aboll- tion of that office in the New York customs house, the dismissal of 104 men and demotion of 123 other men at New York from March 4 up to last night, togother with about a score of other changes in- cluded In Collector Loeb's statement today from New York were announced by Becre- tary MacVeagh tonight. There will be no further grants of im- New York. Secretary MacVeagh made this clear, explaining that he recelved this urance when he was in New York coos x:rln‘ with Collector Loeb and others sured him that there would be no further soeasion for It, that they had accomplished what was needed by the immunity pre- rously promised. The three welghers who confessed to the Juthorities and whose evidence has figured 30 largely in the investigation, have not been disturbed in the service and they wili femain 8o far as the government is con- perned. But Mr. MacVeagh pointed out that it was questionable whether they Would care to continue in the limelight very long. Mr. Vall, who drew a salar yof $3,00 & year as acting deputy surveyor at New York, was untll yuite recently the foreman of ‘Welghers at that port. He passes out the government service with the dis- @ontinuance of the office. Secretary Mac- Vesgh tonight said there were no charges aguinst Vall nad indicated that the f that he had been the head of the welghiers Gompers’ Acts Are Approved by Federation Toronto Convention Scores Justice Wright for Language Used in Decision. TORONTO, Ont, Nov. 19.—Emphasizing its approval by a rising vote, the conven- tion of the American Federation of Labor today adopted a report of its committee on the president's report endorsing the position taken by President Gompers in his Buck Stove and Range Injunction case and protesting against “the injudicial ant intemperate language” used by Justice Wright In sentencing Gompers, Mitchell and Morrison to jail for contempt of court. Discussing the use of injunction in labor disputes the report says in part: “When any court assumes to excrolse powers not delegated to it by the constl- tution, it invades the rights specifically reserved to the state and the people; Its action becomes vold from lack of jurisdic- tion and should not be obeyed.” The report declares that in the case of the Buck Stove and Range company, the court in violation of the constitution “en- Jolns the right of free speech, free press and peaceable assemblafe, in addition to proclaiming the false doctrine that patron- age and good will in business is prop- erty.” The convention voted to appeal the in- Junction case and the contempt proceed- ings growing out of it to the United States supreme court and authorized the ralsing of funds for such an appeal. The convention went on record as favor- ing a bill for an eight-hour day; a uniform employer's liability law; the establishment of a department of labor independent of any other department under the govern- ment; Aslatic exclusion; the hatters strike, and the Porto Rican labor government. Child and conviet labor and ship swbsidy were opposed. President Gompers' recommendation that organized labor prepare for active partici- pation in the next congressional and state elections with a view of furthering labor legislation was endorsed as was the affillation of the American Federation of Labor with the federation of secretaries of various labor organizationin continental Burope. New Church May Be Formed by Mrs. Stetson Partisans of Christian Science Leader Declare She Was Tricked Into NO EVIDENCE OF (0" | Agreements, the NEW TRIAL EOR UTAH COAL CASE Court of Appeals Reverses Decision in Case Involving Harriman Roads and Everett Buckingham. ity Judge Holds That * Wrongfully Coi ot Do D wed, NEW CONSTRUCTION OF LAW Coal Companies Are Not Prohibited from Selecting Customers, COMBINES THAT ARE LAWFUL Chiet Results of Which Are to Foster the Business of Those Making Them, 8T. PAUL, Nov. #.—Judge Walter H. Sanborn, in the United States circuit court of appeals, today handed down an opinion setting aside the verdict and ordering a new trial in the case of the United States against the Union Pacific Coal company, the Unlon Pacific rallway, the Oregon Stort Line rallway, /James M. Moore and Kverett Buckingham, charging them with violation of the Sherman anti-trust law by torming an unlawful combination. While the suit was brought in the name of the United States, proceedings were started by a Sait Lake City coal dealer named Sharp, who charged the coal com- pany and the defendant railways with re- fusing to sell and haul coal for him. Sharp charged that the Union Pacific Coal company refused to sell him coal and that the rallways refused to haul the com- modity for him because he advertiscd and s0ld coal at a lower figure than his com- petitors, . Judge Sanborn, in his opinion, holds that there was no substantial evidence of any combination between any two of the de- fendants, either to refuse to sell coal to Sharp, or to reffise to transport it for him. The lower court found the defendant gulity of violation of the Sherman anti- trust law and imposed a fine of $1,000 and costs on Moores and $3,000 and costs on the other defendants. Opinion of Court, The opinion of the circuit court of ap- pealspeals 18 contained in the syllabus as follows The test of an unlawful combinati: under the act of July 2, 1890, is its nec: Confessing Error. while the frauds were in progress was at Jep$t largely responsible for lis decapita-’ tlon. He said there was no present infen- tign to prosecute Vail., i End Is Not Yet. Tho end 1s. ¥4t in sight, according 1o “the secre! , and the collector will keep right on 'until’ the rehabilitation is complete. So far no action has been taken at other ports looking to anythl like the sweeping cheracter of the investiga- tion, and the secretary sald he had noth- Ing to say @is to these other ports, but he has previously declared lis intention to ,have a general house cleaning of the whole customs service. Many of those affected by the changes covered In tod: ment appealed to the president after-getting notice of their dismissals, but the secretary had already conferred with the president and the ap- peals were without effect. Secretary MacVeagh's statement gives ##'changes In the personuel in the customs service at the port of New York from March 4, 1909, to and’ including Novem- ber 18, 1909." The reductions during that period consisted of seventy-nine inspec- tors, sixteen assistant welghers, two sugar samplers, four unclassiffed laborers, one foreman, one gauger, one skilled laborer, ne deputy surveyor, six special employe five watchmen, four wharfmen, one stors keepey, two roundsmen. The dismissals were: Sixty-four un- classified laborers, fourteen watchmen, one foreman of weighers, seven assistant weighers, three clerks, (hres Inspectors, four welghers, four classified laborers, three openers and packers, one elevator conduetor. The salarles pald these reduced and dismissed men range from §8 a day to 13,000 per annum. All of the vacancies, sald Secretary MacVeagh, have been filled No names, except that of Vail, glven in today's statement. The changes announced from New York by Collector Loed were supposed to be supplemental to this list, being the changes made today. But Sec- retary MacVeagh, after glancing at the total of the changes announced by Mr. Loeb, thought there had been some dupli- tations In the two lists and that today's changes would add only twenty to the tigures given In the statement here. Announcement by Mr. Loeb, « NEW YORK, Nov. 18.—Collector of Port ‘Willfam Loeb, Jjr., today announced the re- moval from the customs service of seventy- Ahree employes and attaches of the welghing And other divisions of the customs service Mere. Among those dismissed are James F. Vall, formerly deputy surveyor of the ‘welghing division; George E. Bedell, an in- spector formerly chief clerk of the welgh- ing division; James P. Hyland and Joseph ©. Carroll, exforeman of welghing divisions. Besides those enumerated the removals include ten assistant welghers, three in- _nepector, formerly an assistant gauger, The collector stated that since March 9 t, the day he took office, he has re- ‘moy from the service for Irregularities Q b welghing department elghteen other Is, six of whom are mow under In- . dictment. In other branches of the service ke has A ved for cause (hirty-six officials, mak- rvice Blnce Mareh 4 seventy-three. The cclieetor s continpfng his investig: American Sugar Refining company the six minor employes of the com- ointly indicted with him was served on Bpeclal Assistant Attorney Gen- The dem) Monday. spectors, formerly assistant welghers; cne the total pumber of removals from the Notice of @cmurrers to the Indictments urned aguinst Jagles ¥. Bendernagel of . Will be argued before NEW YORK, Nov. 19.—~Before the board of trustees of the First Church of Christ, Sclentist, takes any action regarding the excommunication of Mrs. Augusta Stetson, late first reader of the church, by the Mother church of Bostor yesterday, time will §e given Mrs, Stetson to hand in her resignation as a member of the board. TFriends of Mrs. Stetson are predicting a general reorganisation In the board of trustees of the New York church as a re- sult of the excommunication. ‘Some of her followers charged that Mrs. Stetson had been tricked into the power of her enemies at Boston by partial promises of her vindi- cation @t her trial and that it was in this bellef that she admitted she had taught error. It was sald when she left Boston Wednesday at the close of the hearing Mrs. Stetson belleved that her judges would pardon her “‘errors’’ and reinstate her with added powers. Some of her fflends and students In the church here are discussing today the possibilities of a new church be- ing formed under Mrs. Stet: leadership. W.M. Laffan Dead; Succeeded Dana Publisher and Part Owner of the New York Sun Succumbs to Ap- ‘pendicitis, NEW YORK, Nov. 19.—Willlam M. Laf- fan, successor of the late Charles A. Dana in the rmanagement of the New York Sun !and publisher of that newspaper for the last twenty-five years, died early today at his home in Lawrence, L. I, following an 1op-unon for appendicitis performed on Monday. Mr. Laffan was born in Dublin, Ireland, 67 years ago, and after completing his studies in Dublin university, came 4o this country. In 1570 he was made managing editor of the San Francisco Bulletin but two years }iater removed to Baltimore to become editor and hait owner of the Dally Bul. letin, subsequently acquiring full owne ship of that peper. While in Baltimore he married the dsughter of Judge Daniel Rat- cliffe of Washington, D, C. Mr. Laffan was recognized as an au- thority on wood engravings and oriental porcelain. In 1906 he directed the work of cataloging the Chinese porcelain in the collection of J. Plerpont Morgan &nd later the Chinese porcelain In the Metropolitan Museum of Art of which he was a trustee. His first connection with the Sun dates | back 1o 1577, when he became Its art critic. {In 184 he was elected publisher of the Sun and in 150 purchased the interest of the estate of Charles A. Dana in the Sun Printing and Publishing assoclation and became president of the association. W. U. OFFICERS STAY SAME No Changes Will Be M of the Recent fer. — NEW YORK, Nov. M#.—Authoritative an- nouncement was made today by officials of the American Telephone and Telegraph company that there would be no change in the official personael of the Western Union Telegraph company by reason of the trans- fer of control of that company to the American Telephone and Telegraph com- pany. BLACK-HANDER DIES IN - JAIL by Reason Trans- sary effeot upon free competition in co merce among the states or with forelg From the Philadelphia Inquirer. CAUGHT WITH THE GOODS 1909—TWENTY PAGES. SIN FREEDOM FOR EVIDENCE Defense of Dobbins Charges Postoffice Inspector With Using Whitewash. SWENSON EMPHATICALLY DENIES Ruling of Judge Green Stops Tinley’s Efforts—Mabray's Records Wwill Come im Tganr. natlons. A combination, the negessary affect of which I8 to stifle (, directly and sub- gandally restrict su %, compatition 1s un- awful under that act | P SRR e The defense of John R. Dobbins. on trial in district court at Council Bluffs for Jarceny, In “miking” T. W. Ballew, sought sary effect of & col DR hel: to accuse John S. Ewenson, in- dentally §ad, Ineireti reatricti, oti- for, the official who captured Mabrey, tion, while its chief result i< »5 foster g w0 \sumunity” REh o cee the trade and Increase the Lé.siness: of | ¥ ministering those who. make and operate it, it doea(faln persons sonnected the general not fall under the ban of this law. ‘conspiracy alleged, for the purpose of A coal ce-muw engaged In mining and welling its coal is not prohibited by the anti-trust act or by the law from refusing to sell its coal, from selecting its custom- ers, from fixindk the price and terms upon which 1t will sell its product, or from selling to different persons and on dif- ferent terms. Stockholders Not. Liable. A violation of a law by a corporation does not render its nonparticipating stock- holders crtminally lable therefor. Unless there |3 substantial evidence of facts which exclude every other hypothesis but that of guilt it Is the duty of the trial court to instruct the jury to return a verdict for the accused. And while all he substantial evidence is consistent with innocence as with guilt it is the duty of the appellate court to reverse a judgment of conviction. In conoclusion the court says: There was no substantial evidence of any t the de- fendar Sharp or to refuse to transport it for him. A combination between a coraoration and its officer or agent in violation of the anti-trust act cannot be formed by the thoughts or acts of the officer or agent alone without the consclous participation in it of any other officer or agent of the co! tion. The union of two or more persons, the OMAHA COMPANY 1S MERGED_INTO ANOTHER Merchants of Lincoln er-verit- ers of Omaha. (From a Statf Correspondent.) LINCOLN, Nov, 19.—(Special.)~The farm- ers and Merchants Fire Insurance company of Lincoln has merged with the Nebraska Underwriters of Omaha. The merged com- pany will do business under the name of the Farmers and Merchants and the head- quarters will be here. The Farmers and Merchants takes over all the assets of the Underwriters and all its Insurance risk except in the state of Arkansas, which has been reinsured In another company, and the original capital stock of the compsny. This will bo paid back to the promoters who paid it in. The merger was the suggestion of State Auditor Barton, who, upon an examination of the two companles, suggested that a better condition of brought about were the companies to join, inasmuch as they were very closely identi- |fled with each other. M. L. Funkhouser is president of the F. Funkhouser, a brother, of the Underwriters. The Underwriters had a capital stock of §100,000; assets amounting to §222,166. |earned premiumps, ¥9,405, and surplus, $27,- 6. Junuary 1 the Underwriters had in- surance in force amounting to $11,80,368. It had 300 agents working In Nebraska and agent state. EARNING POWER OF MERGER $25,000,000 and $30,000,000 at Present Pri NEW YORK, Nov. 1.—Consideration of the earning power of the various copper | properties which may enter the proposed |copper combination was given today by tiom, Caused by Melancholia, Fatal to Member Cineln- natl Geng. the merger. It ‘'was stated that the earning power of the eopper refining and other companies that will enter the proposed merger js between $35,000,000 and $30,000,000, based upon These estimates of earn- ings, it is sald, include the economies to be effected by the consolidation and the Selling the International Smelting and 13-cent copper. earnings of the United Metals company, Refining company and other properties. ol affairs would be | Farmers’ and Merchants' company and M. | was president | ; un- | in several states. The new | company is one of the largest now in the | Income of Copper Combine Between | the financiers working out the detalls of gaining evider ce. The charge was promptly denied by the inspector, W, S. Groneweg, deputy United States marshal, who ar- rested Dobbins In New York, was among the principal witnesses of the day. Theé testimony of Mr. Groneweg was the story of Dobbins' arrest and the identifi- catlon of documents turned over by the New oYri police after the defendant was captured. The state proposed to Introduce these papers in evidence, but later with- drew them. These documents are sald to be letters connecting Dobbins with the operations of the Mabray gang, They will probably be introduced before the state rests. Groneweg testified on cross-examina- tion that he did not have personal knowl- edge that these letters were ever in Dob- bins' possession. Inspector Swenson was assailed by Em- met. Tinley, the aggressive lawyer for Dobbins, who conducts the cross-examina- tion. Swenson on direct examination had told of the arrest of Mabray and two com- panions in the raid at Little Rock, Ark. “Now, Mr. Swenson, as a matter of fact, were you not hiding behind @ tree when donsclous tieipation of two or more "y minds, is indispensable to an unlawful | Mabray was arrested?”’ inquli Tinley. combination. “No, sir, I was not,” firmly feplied the officer. “Well, did you not purposely keep wit- es away from the county at{orney here?’ continued the belligerent lawyer. “No, sir." No Protection Promised, “Is it not true that for purposes of gain- ing further information you have prom- ised protection to some people?’ asked Tinley. “I will state positively that I have not promised. Immunity to any one, either in state or federal courts. You can make that Just as emphatic as you please.” The attorneys for the state came to the defense with an objection which was sus- tained by Judge Green, when Tinley pro- ceeded to push his examination further in this direction. “You knew Joseph Coon at Alma, Mich., indicted for his part in the case of C. A. Nelson, & witness in this case?” asked Tinley. “Yes, 1 have met him,” was the reply. “Have you not arranged to protect him !in the state court:prowiding he tells his story the way you want him to?" At this juncture H. W. Byers, | general, rose with his objection. | Tinley tried to make his point by de- | manding by implication why Coon was not arrested when the Inspector knew that in- dictments had been returned against him. attorney. Mabray Memoranda. The state will today introduce the Ma- |bray memorandas seized at Little Rock | showing the notations in the Ballew case. [1t 1s said that Dobbins s referred to in |this exhibit by number. number system used in his records in re- recalled to the stand late yesterday aft- group picture captured at Little Rock. farcial contests of his system. T An attack of Emmett Tinley, for John R. Dobbins, oy Attacks Banker Mike, & banker the dally comedy sketeh of the hearing. Castle was trylng to explain how he w. indicted for gambling and keeping a [ (Continued on Second Page) Mabray had .2 ferring to the members of his organiza- | tion. | W. H. Bedford and T. W. Ballew were erncon to identify persons included in a Both witnesses pointed out Mabray, who posed as ong Gordon, a millionaire in the The end of the state's evidence is In sight now and will probably be reached soon. attorney on trial in district court at Council Bluffs for larceny as & Mabray steerer, directed at George Castle, “Mike” from Britt, la., drew out gam- bling house at Britt, while &t the same Will Not Spare Trust Magnates, Says Wickersham Attorney General Declares Malefac- tors, Rich or Poor, Will Be Frosecutsd. of ldentification Beglns. KANSAS CITY, Mo., Nov. 19.—Attorney General George W. Wickersham, who will # be the guest of honor and principal speaker | - CHERRY, 1l., Nov. 10.—Sclence and | at the annual John J. Jay treaty banquet of the Commercial club In this city tonlght, ved hero today. ', "Discussing the government's attitude In the fvestigation of alleged customs frauds in the collection of sugar dutles, the at- torney general sald: ‘“The object of the (nvestigation is two- fold. We are going to recover as far as possible all the back duties due thé gov- ernment, and secondly, we are golng to ascertain who were gullty of frauds, wherever they may be, in order that they may be punished. ““There Is not much to be sald about the investigation now because it is still going on and we do not know where it will end. But I can tell you that it is going to be as thorough and as effective as the machinery at my disposal can make it added the attorney genera “What will be the attitude of the govern- ment towards wealthy malefactors, If there are any?’ he was asked, “A malefactor s a malefactor and any- body who Is found to be'implicated in any | fraud against the government will be prosecuted, no matter how high up he may be,” Mr. Wickersham answered. Lead Citizens Support Miners Pass Resolutions Condemning Home- stake Mine for Threat- ened Logkout, LEAD, 8. D, Nov. 19.—At a meeting of 1,800 citizens at the opera houss last nght resolutions were passed condemning the Homestake Mining company for the threat- ened lockout of union men January 1 and asking that the company retract its arbi- tray order. Charges were made by union officials that the company had in the past used the union to pull chesnuts out of the fire for the Hearst politiclans and was now trying te erush the union because it 1s getting too big to be used. Superintendent Grier was at the meeting and sald he had no authority to withdraw the antir union order. HUN-CHUN OPEN TO TRADE International celve. Traftic Wil at Manchuria; Port. Be Re- PEKING, Nov. M.—Arrangements were compleeted today for the opening of Hun- Chun, Manchuria, to international trade on January 1 next. Hun-Chun is situated nine miles north- east of the Korean bhoundary, near the confluence of the Hun-Chun and Tymen rivers and less than 100 miles from Viadi- vostok. The town has & population of 10,000 and, enjoys a considerable trade with Korea. FIVE BODIES ARE RECOVERED Work of Taking Corpses from Burn- ing Mine Proceeds Slowly. RESCUE PARTY IS DRIVEN OUT Fall of Dirt and Rocks Onunes Aband- onment of Two Bodies—Work desperation have greatly checked the fire that snuffed out 30 Olives last Saturday in the St. Paul coal mine; men braved to- | day the fire-swept tunnels to bring to the surface the dead; charity has poured ald into the homes of the suffering survivers, | but all this could not subdue the grief of | Cherry's inhabitants when the sight of the dead litted from the tomb exploded thelr | | hopes that men might be rescued allve. It has been six days since the fire start- ing in a bale of hay swept tho breadwin- | ners of this community to thelr doom, | and in all that time of anxiety but five | bodies of the entombed have been recov- | ered, four of them today and one last| night. Tomorrow, however, \it 18 expected that many more of the dead will bo re- covered. More were found today and ex- plorers working decp Into the second lery were forced to flee for thelr lives as | they were about to bring them out when | falllng earth and rock endangered them. | Tonight miners were put to work in the galleries replacing the burned timbers |and clearing obstructions which impede ac- | cess Into the coal velns for more than| 200 feet from the main shaft. Beyond this | point latent fires stfll burn and it will be | some time before they can be extinguished. Obstacles which thredtened the lives of {the fire fighters attended the work of re- covering the bodies. At one time the men | working In the second level wére almos cut off from escape by a sudden fajling | of masses of earth and rock. They Lad| placed two bodies on a stretcher and were ready to carry them to the cage iu the holsting shaft, when with a series of loud reports a shower of debris eame down. “Drop the bodies and run for your lives," shouted the leader; “get out or we'll all be | burled alive down here.” To the danger of heavy rocks falling was | added that of sparkling and crackling tim- | ber which fell in from all sid The men were then about 20 feet in from the holsting shaft. Further in they could | sce a great heap of bodles of men, boys | and mules Indiscriminately mixed, indica- ting that before they died the mules had teen driven from the shaft by the heat and in the final struggle had tumbled over | each other. | All this, viewed by the firemen In the | light of thelr flickering torches and lamps, | presented a scene as welrd as a pleture from the inferno. Beaving behind them the two bodies which they had struggled hard to reach, the fire- tighters rushed to the holsting shatt, where | | they were revived«by the cooler air. They were quickly brought to the top. None was found to be hurt or injured. It was explained that the cold water poured inte the hot mine had had the effect of cooling the walls. The clearing away of the debris delayed the exploration work al- most all afterncon Bringing Out the Bodies, The second and saddest act of the St Paul mine tragedy—the recovering and at- NEW YORK, Nov. 1.—Many vessels in the Caribbean sea today are on the lookout for Colonel John Jacob Astor's steam yacht, Nourmahal, having its owner and his son Vincent on board, and which has sailing from Kingston, Jamalca, ably for Porto Rico, two weeks a In the interim West Indian waters have presum- terrupted and there is anxiety for the safety of thowe on board the yacht. Today the cable lines to Porto Rico were #till out of commission. Wireless appara- tus, however, is belng extensively The revenue cutter Algonquin, now in the not been heard from since it was reported | been hurricane-swept, cables have been in- | em- ployed in the effort to locate the Astor yacht. Many Vessels Search for Colonel J. J. Astor’s Yacht Caribbean, has been ordered on the search by the government and the wrecking steamer "’"'.f\ salled from New York yesterday to in the quest while on its Havana stated that the Nourmahal was in Nuevitas, Cuba, last week and salled for the United States about November 11. | Its owner, the dispateh continued, wa reported to have embarked on the French steamer Abd 'El-Kader at Santiago, Cuba, for Europe. Mr. Astor's secretary, Willlam A. Dob- byin, said he .was sure Mr. Astor would have potified him of any intention to sall for Burops GLE ‘eity couneil | horses, |Ing his day's work when the accldent (Continued on Second Page.) | way to’ the salvage of another vessel wrecked in West Indian waters ! A cablegram received last night from CoPY TWO CENTS. BLAZE BY LEAK IN AUTO PATROL Big Machine Explodes in Garage at City Jail, Causing Extensive Damage to Property. CHAUFFEUR TERRIBLY BURNED Frank Bausenek Taken to Hospital in Precarious Condition from Burns. SIX HORSES DIE IN FLA! Department is Without Equipment and Police Great Handicapped. PRISONERS HELP FIGHT FLAMES One Refuses Pardon as Reward— Chief Donshue Was About to Enter Barn When Explosion Deeurred. Fred Bavsenck, chauffeur for the polict department, was terribly burned about tae face ahd body, six horses were burned tc death and damage to the amount of 12,06 was done when the police automobile patrol blew up at 5:20 o'clock Friday afternoon, partially wrecking the barn at polies head: quarters, Wleventh and Modge streets, and starting a fire which completely burn:d the place. Had the mecident happened a tew minutes later Chief of Police J. J. Donahue would undoubtedly have had & narrow escape, as he was just about to go to the barn when the first of two explo- slons ocourred. The dropping of a plug out of the gaso- line tank beneath the automobile, & White steamer, while Mr. Bausenek was cngaged in putting the machine in shapé for winter use, which caused the gasolins to leak and become ignited from the fire still burning beneath the cngine, was responsible for what may yet be a tragedy. Bausenek, | who was kneeling near the rear of the machine, was completely flames and his clothing from his body. To two herole prisoners apd Drivar Wil- llam Murphy of the wagon patrol Bausenek probably owes his life. At the risk of their own lives Harry Axlerod and Martin Kane, better known as Bil yMartin, rushed to the rescue of Bausenek, although the flames were leaping about their feet, and dragged him outside the burning strue- ture. At the door they weer met by Murs phy, who assisted 12 the work, and who I had his left hand badly burned while doing s0. enveloped in literally butned Rew: ed With Pardons. A8 a result of the herolsm Aisplayed Axlerod and iKane, togpther with M. Flant- #an, who was helping Bausenek at the time of the accident, were last night pardoned by Police Captain Mostyn. Chleff of Police Donahue last e | roughly estimated the loss at $12,000, to £ay nothing of the Inconvenience the de- partment is put to. But one of the seven horses in the barn at the time was saved, and this animal only bocause he was just being changed from the patrol wagon to the stable in the rear of the barn. Charles Simpron, who wa #lgafing around the barn, was leading the horse away when the first explosion gccurred. He'at once led the animal out through a small rear door and then returned in an endeavor to save the other animals. His efforts, how- ever, were futfle. Two. of the horses had just been hitched to the wagon and they dled in their traces. As'the flames enveloped the bullding both animals turned toward the main door in their fright, but the dense smoke Instantly overcame them and for several hours after the accident they lay as they fell, thelr heads toward the front door and freedom. Bausenek was found to have been badly burned about the face, arms and upped body. Several physiclans were immedi- ately summoned and after hik burns wero temporarily dressed he was removed to the Omaha General hospital. Bausenek i3 a married man with a large family and resides at 1836 Vinton street. Chief Don- ahue, being on the scene when the acci- dent occurred, immediately assumed | charge and saw to It that the injured man | was given every possible attention, Plans for Rellef, The chief announced last night that in all probability a special meeting of the and of the Fire and Pollos board would bo called today to consider means of relleving the sliuation. Without guto jpatrol or wogan, exc:pting one stationed at ope of the fire stations, tho department is greatly handicapped. A White steamer was lpaned the department last night by the Drummond agency. Chlef Donahue believes Mayor Dahlman, who 8 at Excelsior Springs, Mo., will start for Omaha immediately upon learning the news. In the meantime the department will struggle along as best it can. Bausenek, the chauffeur was just finish- o~ |currea. Because of the mear mpproach of | Winter he was engaged in putting the autm | patrol In shape for cold weather. He hafl succeeded in placing the proiection chains upon the tires and was doing some work, {dust what could not be learncd last night because of Bausenek's weak condition, | when suddenly a plug In the gasoline tani {beneath the. body of the car dropped ou. |In the barn at the timo were Murphy, |driver of the auto wagon, who had just |ebanged (he day team for the night; Simp- on, who was leading one of the day |horses into the gtable; Axlerod, standing |near the machine; Flannagan, assisting Bausepek, and Kane, sweeping out soms of the stalls In the rear of the: stable. As the gasoline staried to pour out on {the floor Baueenek called for someone to {bring him a pall so that he might catch |the explosive fluld. Before anyone could reach him an explosion occurred, evidently the gasoline fumes becoming lgnited from the fire beneath the auto engine. A lfv- |\ng toreh, Bausenek staggered to his feet and then fell forward. Axlerod, Kane and |Flannigan rushed to his rescue. Half carrying, half dragging, they managed to {get the burning man to the door, from |where he siaggered to a pateh of grass {about thirty feet away Seated in the office of Detective Captain Savage, at the south end of the Jall at “u-'- time were Chief of Poliee Donshue, |Captain Savage and H. B. Mills, head of the United States sceret service in Omaha, Chief Donahue wis just about to leave the office for the barn when Captaln Savage, glanciug out of the window, saw Bausenek, a mass of flames. Instantly all was con- fusion. The brick stable was by this time |a mass of flames within. While officers and prisoners tried to tear Bausenek's | clothing from his body, & second explosion »