Omaha Daily Bee Newspaper, November 21, 1909, Page 1

. l‘maws SECTION: Lok i s ‘THE v OMAH WEATHER FORECAST, For Nebraska For lowa-—Falr. For wenther repor: see page 5. Cloudy WOMAN BREAK DOWN IN COURT Mrs. Dobbins Gives Way During Clos- ing Hours of Husband's Trial in Mabray Case. “ | | LAWYER'S TONE IS DERISIVE Prisoner Sits Like Statue, and, Unlike Wife, Shows No Emotion. | DEFENSE SPRINGS BIG SURPRISE | Attorneys Rest Case Without Testi- mony When State Comcludes. | INDUCES ARGUMENT AT ONCE Attorney Ger and Defens rel w ment Mondny—— Opens the Debate 1 Continne Argu- | we May Go | to Juvy Tuesday. | argument for the prosecution of | ¥ Dobbing, whose trial for larceny as a erer’” for ‘the Mabray race, in | which T. W. Ballew, a Missouri banker, | lost 0,000, is neariug the end In district | caurt at Council Bluffs, “In this man Dobbins we have a good man to start with to bring about a deal slmilar to this one,” said J. J. Hess, county attorney. “Look Into his past, which the evidence of this case has shown vou, gent emen,” The lawyer was speaking dircctly leaning far forward, | into the faces of the Jurymen. His volce was cold, cutting, de- risive. | Mrs. Dobbins, who has shown so much | bravery through the trial in the face of all the tneriminations and allegations that | have been showered upon her husband, | gave way at last, Covering her face with | her handkerchief she tried her best to hide | her grief in sllence. She trembled with the | pain of her emotlon, but, steadying herself with a’l her summoned strength, she dried | her tears and again faced the court room, full of lawyers and spectators, with the same brave front. Dobbins sat as a statue through the ar- gument. He has never given evidence In the court room of any other feeling than | a cold interest in the trial. “The defense rests,” sald Emmet Tinley, lawyer for Dobbins, yesterday, when the state announced the close of its evidence and Judge Green had made his rullng in regard to the motions for exelusion of cer- tain evidence. | | | Defenwe Springs Surprise. This move was the siurprise of the hear- ing. The court room was packed with u curious throng, gathered there In the expec- tation that Dobbins would be put on the stand to tell his story. . The attorneys for the defense had sald | early in the hearirg that Dobbins would | be the principal witness in his own behalf | when the evidence was put on. He was on | that account expected to have something to say to substantiate the plea of the defense in the opening statement that Dobbins had himself been & “Mike” and a victim in the | Mabray race in which his former fellow townsman, T. W. Ballew, the banker and millionaire of Princeton, Mo, was fleeced | out of $80,000. i Not a word of evidence was offered in behalf of Dobbins and his lawyers are rest- ing on the expectation that they will be able to bring the jury to belleve through argument that the state has not made a case. County Attorney Hess opened the argu- ment for the defense at the beginning of | the afternoon session. He made a strong | appeal to the jury, reviewing the history | of the Ballew case and those of the other “Mike" witnesses who have been contribu- ting to the merriment of the trial for the last week. It was an artless slip of the tongue hich led Mr. Hess in a heated poriion t his argument to deliver this starting pussage; One Rascal at a Time. | “No matter how much the defense may | try to blacken Mr. Ballew's part in this ase; no matter how much they try to| dAllify him, Mr. Ballew is not on trial;| let us get one rascal at a time.” ! Mr. Hess dwelt long and earnestly on the question of the motive that had ac-| tuated Dobbins to write a letter of Intro- Auetion with which he sent the man who broached the ‘“race” proposition to Bal- lew | “If it had not been for this man Dob- | bins, then Mr. Ballew would not have lost his $30,000," declared the county attorney. | “When Mr. Dobbins called on Ballew at | Kansas City when they were framing the | he glanced outside and notfced a wolf just | race deal, he sald that he did not have but $40 in the world. On the train on| his way east on October 15, 1908, two days | after the race, he had ome roll of 3,000 and another of some hundreds. Mr, Young, a traveling man, has testified that he counted the money and that Dobbins told him that he had won §,600 shortly before. “Men with $40 capital do mot pick up $7.500 In honmest transactions. Gentlemen of the jury, this defendant, Dobbins, wus at the race; he was at the hotel; he was on the spot when Ballew lost this mone. He got Ballew into the race. Now, where do you suppose he got that $7,00 he told about, and what do you suppose the deal wi | The arguments are to be embodied in the stenographic record of the case. The argument will be continued by the state when court convenes Monday morn- ing at 9:30 o'clock. The case will probably not g0 to the jury before Tuesday, T. W. Hallew, the complaining witness, 'will re- ‘main in Council Bluffs until this case Is disposed of. Completion Testimony. The apgument over the competence of the testimoiyy of the mikes was practically a revival §f that which arose when the, wit- ness in question took the stand. The state contentidp Is that Dobbins assumed a respnsibility for part in eon- spivacy 1§ the miking of victims previous to the Mullew incident with which the state hasjmade effort to connect the de- fendant. An objjtion to the evidence of John 8. Swenson, [ postotfice inspector, was over- Juled. M B rk, chief clerk of Grand hot during th month of October, 1004, the Ma- | bruys' bufif season in Council Bluffs, testi- | fied in 1 to the registration of the js" and others of the party en- mikeing of T. W. Baliew. ydll see Mr. Dobbins during the on Becond Page) | Netther Des Moines Gets Military Show Secretary of War Orders that it be Held in Iowa City Septem- ber Next. (From a Staff Correspondent.) DES MOIN Nov. 20.—(Special Tele- gram.)—The secretary of the Commercial club reccived word from oCngressman Hull that tho secretary of war has ordered that the military tournament for next year shall be held in Des Moines. It had been the plan of Congressman Hull not to ask for the tournament next year, but to plan to egt it the year after, but the Co clal club started the movement to sccure it next year, The tournament will probably be held late in September. nl the distriet court today the an important suit involving the validity of surety bonds connected with tHe bulld- Ing of a new cement bridge. The Marsh Bridge company failed while engaged In constructing the bridge and the Surety company sought to evade resso sibility on the ground that after the fail- ure the city issucd bridge certifi- cates to finish the bridge. The certificates are held vald and the right of the city to finish the bridge is sustained A person under injunction for violating the liquor laws of lowa, may reinstate himself under the protection of the mer- eity mule law, despite the injunction, by complying | with the conditions of the law anew The supreme court decided this in s case from Davenport, whereln, Judge Bollinger had found one, Charles Rink guilty of violating an injunction. ' Rink had been enjoined for making sales on a holiday. Then he turned around and got a new consent from the council and from property owners and in every way com- plied anew with the law so fa could do so personally. took the as he Judge Bollinger view that he would have to dlso get an entire new statement of consent | for the entire county, or wait for such general consent. The supreme court, Justice McClain writing the opinion, de- clares that this could not have been the intent of the legislature and the prin- ciple would lead to ondless corfusion. The man was entitled to start over again with his new license and the injunction previously secured against him would be of no force. he principle announced will not have much effect, since the legislature has ince passed a law, which forbids anyone from selling liquor for five having been enjoined, FORTY MiLLION STAMPS TO BE USED BY RED CROSS PATRONS Demand for Stickers Put Out by So- ciety Grows as Christmas Draws Near. WASHINGTON, v. 20—~While Uncle Sam struggles under the load of Christmas packages in the malls this year, there will be 40000000 Red Cross stamps ciroulated on the mail matter carrying the practical message of peace and good will to the four corners .of the earth. The demand for Red Cross stamps at Washington was heavy as the Yuletide grows near, and the Red Cross soclety 1s preparing to meet the demand by increas- ing its supply of stamps from 80,000,000 to 40,000,000, ENGINE EXPLODES. KILLS ONE Boiler on Limited Train Blows Up Causing Denth of the Fireman. ¢ SPRINGFIELD, Mo., Nov. 20.—The en- gine of Southeastern limited No. 106, the St. Louls & San Francisco rallway's fast passenger train from Memphls to Kansas City, exploded a. mile north of South Greenfield today, killing Fireman Charles A. Wilkin and probably fatally injuring Engineer Willlam O'Brien, both of Fort Scott, Kan. p No other persons’ were hurt. The train was running twenty miles an hour. The engine was badly wrecked. VAWNS DASH INTO HOUSE Black H Resident Gathers in Ani. mals Chased by Wolves, SIOUX FALLS, 8. D., Nov. 20.—(Speetal.) —If the wolves of the north-central portion of the Black Hills continue endeavoring to prey upon the fawns of that region “Jack" McCann, & well known resident of. Hanna, a thriving little mining town, will have a whole herd of these beautiful little animals. The other day McCann was much surprised when a young fawm dashed into his home and rushed up to him, apparently for pro- teetion. McCann took the fawn in his arms and noticed that while 1t appeared perfectly contented it was trembling vio- lently. In striving to ascertain the cause slinking away, it having been pursuing the fawn, but was defeated of its prey when the fawn dashed through the open door into the McCann home. This is the second fawn that has been chased to the McCann home this fall by wolves, which appear tc be unusually numerous in that vieinity MeCann made a pen for the first one, and the second one now has algo been placed in the pen. Both will be kept as pets of the fawns Is afraid of the human friend who saved them from the wolves and MeCann is able to handle them as freely as if they\were playful pupples. Empire | * | special concurring opinfon by SUNDAY OIL MERGER MUST] BE DISSOLVED Cil‘flllit Court of Appeals Finds Rocke- feller's Big Combine pf Cor- porations Illegd. | | \DECREES DEATH OF |Finds Amalgamation of Subs s & US| AANT TRUS™ | Companies Violation of \ ! /-))l |THREE JUDGES ARE ¥ XNIMO! Sanborn, Vandeventer and Hook Con- | cur in Opinion. won | |CASE FROM MISSOURI DISTRICT| i Declared to Be One of the Noteworthy in History of Dectsion Mont United §tates—Appenl Will be Filed, Minn,, Nov. #.—Tn an opin-| ion written by Judge Walter H. Sanborn f, St. Paul and coneurred In by Judges | Vhndeventer, Hook and Adams, with a Judge Hook [the United States circuit court for the! |castern district of Missourl tcday handed down declaring the Standard | 01l company of New Jersey an fllegal com- | | binazion operating in restraint of trade and | ST. PAUL, an opini ordered it« dissolution | The opinion of gh court was filed | imultaneously In St. Louls and in St Paul, in this decision the governm:nt of the| United States wins a sweeping victory and, | according to Frank B, Kellogg of this| leity, who was the government's special | prosecuting ‘ officer, the government has | | won every point for which it contended. | | The ¢ will be appealed direct to the | United me couit, as the judges | | who sign, decree are In effect | the judges of United States circult | they were sii- | the |court of appeals, although |ting for the purpose of trying this case {as the circuit court for the eastern dls- trict of Missourl. The decree of the court dissolving the | |#iandard OIl trust becomes effeciive In; thirty days, when, no doubt, a stay will| |be granted for the purpose of an appeal. When the decree takes effect, unless a |stay is granted, an injunction wil Issue | |restraining (he Standard Oll company from a further continuance of its business une der its present formation. . Decree In Sweeping. It appears from the concurring opinion written by Judge Hook that the company | cannot do business under any other form | with the object of stifling competition, for he says on this subject that it is thought that with the end of the combination the | monopoly will naturally dlsappear, but| should it not do so and the members of the combination retire from it, except one who might perpetuate the monopoly by the aggregation of the physical properties and Instrulaentalities, it would cinstitute a violation of the decree of the court, In the trinl of the case the point was made that the Standard Ol company was a beneficent corporation In that it, by reason of economy In operation, reduced the price of its product. This, Judge Hook says, can have no welght. The sult was begun by direction of the attorney general of the United States in St. Louls, November 15, 1%6. Frank D. Kellogg of Bt. Paul was appointed speclal prosecutor, assisted by Charles B. Mor- rison of Chicago, Frank H. Poole and J. H. Graves of the Department of Justice; W. H. Higgins of Minneapolls and C. A. Severance of St. Paul. | The Standard Ofl company formidable array of legal talent, ‘ed by John G. Milburn of New York. Its defense was that the present organization of the andard Ofl corporation was the result sof the natural growth of a great industry and that no statute had been violated. Court is Unanimous. In an opinion written by Circult Judge W. H. Sanborn of St. Paul, filed in St. Louts and §t. Paul today, the United States circutt court for the district of Missourl held that the Standard Ol company of New Jersey was an I'legal corporation and ordered that it be dissolved. The case was heard in the United State circult court at St. Louls in April last by Circult Judges Sanborn of St. Paul, Van- deventer of Cheyenne, Hook of Leaven- worth and Adams of St. Louls. Judge Sanborn, the presiding judge, | wrote the opinion and the decree, in which 4 all the judges concur, and sent by them to Judge Adams at St. Louls, who filed them and entered the decree In that clty this morning. Enjoins Big 0il Combine. It was brought to enjoin John D. Rockefels ler, Willlam Rocketeiler, Henry M. Flagler, Henry H. Rogers, John D. Achbold, Oliver H. Payne, Charles M. Pratt, the Standard | Ol Company of New Jersey and about seventy other corporations, from maintain- Ing a combination and conspiracy In restraint of trade, to monopolize Interstate and international commerce and the decree grants the injunction soukht by the gov- ernment. 1 The case is one of the most notable in | presented a (Continued on Second Page.) Building Permits Are Over - Seven Million Dollars Now| For the first time In its history, the bullding inspector's department of Omaha has issued permits topping the $7,000,00 mark, with forty days yet to go on the year. ' The permits issued to date total $7,02s.- 910. This amount Includes a §700,000 per- mit taken out Saturday morning by the City National bank, for its new skyscraper in course of erection at Sixteenth and Harney streets. The new bullding will occupy a ground space of 9x183, and the plans filed with Building Iuspector Withnell show that it will be a really elegant addition to the various groups of fine structures put up in Omaha in the last five years. It will be sixteen stories In height above the ground, and In several gther respects will be & noteworthy specimén of the architect and bullders’ eraft. Massive pllasters, forty feet in helght nd bullt of terra cotta and brick, extend from this part to the level of the fifth floor and they in turn will be filled out with brick of the same color s the pilasters. From this point to the main cornice at the top the bullding will be of brick to match the terra cotta, all of which will be of a| delicate cream shade. All the window sills and cabs throughout the exterior will be of terra cotta, while the main cornice to a | depth of twelve feet will also be thus con- structed. The entire building from top to bottom, excepting the basement, will be trimmed with African mahogany and will be fin- ished In a manner known as cabinet work, which calls for a regular plano finish The main entrance, vestibule, lobby, | columns, etc., will be Pisanis Breche opale | marble and will extend from the floor line | to the bottom of the pastered cornice. The | stalrway leading from the main entrance vestibule to the roof will be constructed | of castiron risers and marble treads. All| the corridors and elevator lobbles through- | out the bullding will be provided with | Pentelican marble. The building will contain 450 offices, be- sides six stores and the banking rooms on the first floor. Holabird & Roche of Chicago are the| architects and the James Black Masonry | and Construction company of Bt. Louls are the contractors. READY FCiv t HANKSGIVING AMERICANS HAD FAIR IRIAL Statement by Nicaraguan Legation Justifies Shooting of Pair. ADMITTED PLACING OF MINES Report Says Both Cannon and Groce Confessed Trying to Blow Up Nicaraguan &hops With Dynamite, WASHINGTON, Nov. 20.—Official con- firmation today of the execution of Cannon and Groce, Americans, by the Zealayan government, was followed by a statement from the Nicaraguan legation here, justifying the action on the ground that the men confessed to placing mines in order to blow up two vessels carrying government troops. The State department has just recelved a telegram from the American vice con- sul at Managua, in which he says the Nicaraguan minister for forelgn affairs had informed him that the Americans, who were executed on November 12, at 10 a. m., had made a confession, in which they had admitted laying mines in the San Juan river with the object of blow- ing up Nicaraguan ships. The minister also stated that the Americans were tried by court-martial, The American vice consul stated that the commander-in-chief of the Nicaraguan army and the minister-gen2ral ordered the execution, which was ordered by Presi- dent Zelaya. The protected cruiser Tacoma hag been ordered to proceed from _Guantanamo, Cuba, to Cristobal, Panama. The gun- boat Marfeta will be ordered to sall to Port Limon soon. The statement issued by the Nicaraguan legation, Is in part, as follow “The Nicaraguan government Informs the legation that Leroy Cannon and Leonard Groce, two well known adven- turers, were taken prisoners at Rlo Ban Juan, and pleaded gullty to locating mini in order to blow up two vessels carrying government troops. “They were tried by a military court, given a full hearing and sentenced to death in accordance with military laws. “The legation, while deploring this in- cldent, feels confideat that when the facts are better known it will be seen that the military court did not exceed its powers and that the relations between the two countries will not suffer.” HARRISBURG, Pa, Nov, parents of Leroy Cannon, confirmation of whose execution in Nicaragu was re- celved today, have Jlecided to ask the government to open negotiations for in- demnity from the ayan government. FOOT BALL PLAYER IN BAD WAY Student Maryland College Has In- . testines Ruptured in ame. BALTIMORE, Md., Nov. 20—Willls M Marcus of Atlantic City, N. J., a student at the Methodist Protestant Theological seminary, Westminster, Md., is at Univers- ity hospital here in a serious condition as | | & result of injurfes he sustained In a foot ball game at Westminster last Tuesday. Marcus was brought to the hospital here for an operation, which disclosed that his Intestines had been ruptured. Late last night peritonitis set in and It 1s feared the young man will not recover. JANESVILLE, Wis. Nov. Merrill ball team, died today as a result of an in- Jury recelved while playing recently. 20.—Verne Monmo Park at Valley, The Monmouth Park foot ball team is making preparations for & big demon- stration at Valley on Thanksgiving day, when the eleven meets the team from that place. A special train will be run out of Omaha at 1 p. m. returning, leaving Valley at 10. About 100 rooters will be taken along and they expect to make things lively. In the evening there will be caneing. 20.—The | a member of the high school foot | Jury Convicts Mrs. Allan Read Woman V’nw Tried to Extort Money from Mrs, Phipps Held Guilty. DENVER, Nov. 20.—The jury In the case of Mrs. Allan F. Read, charged with try- Ing to extort §100,000 from Mrs. Q. Chandler Phipps, today brought in a ver- dict adjudging the accused gullty. COURT LIMITS LIQUOR SALE Holds Wholesalers Must Have License and Establ Depot in State. PIERRE, S. D., Nov. 20.—(Special)—The decision of the supreme court, in an opinfon by Corson, In the case of Paul Jones Company against R. L. Yokum, lays down drastic rules In regard to regu'a- tion of the wholesale liquor business in the state. The holding of the court is that any sale or attempted sale on the part of a wholesaler who has not established a depot or warehouse at some point in the state, and paid a license at that point, Is a misdemeanor. A warehouse Is not neces- sary In case the wholesaler pays the re- quired license at any place where he makes a sale. A note or account for Intoxi- ating liquors given to a company which has not taken out a state wholesale li- cense {5 vold and uncollectable. This dé- clsion practically cuts out the wholesaler who has not pald his lcense in the state. While it might be that he could make a sale and collect cash at the time, this is a misdemeanor, and the salesman places himself subject to a fine. In the case decided Yokum, who was a retail dealer in this city, purchased goods to the amount of nearly $00 from the Paul Jones com- pany, a wholesale whisky house at Louls: ville, Ky, and gave his notes for pay ment. The wholesale house sued for col- lection of the notes and got judgment in the lower court, which was reversed, and the notes declared to be vold. HASKELL PLEADS NOT GUILTY Defendants in Muskogee Land Com- any Oases Appear in Court, CHICKASAW, Okl, Nov. 20.—Governor Charles N. Haskell and his five co-defend- ants in the Muskogee town lot conspiracy shal here today and entered a formal plea of not guilty. ASTOR'S YACHT STILL GONE to Lo- Revenue Cutter Service Fail cate the Missing Vessel. WASHINGTON, Nov. 20.—Despite the ef- forts of the revenue cutter service to locate Colonel John Jacob Astor's yacht | Nourmahal, no news of the missing vessel has yet reached Washington. cases appeared before Federal Judge Mar- | All Officers of American Federation of Labor are Re-Elected. NEXT MEETING IN ST. LOUIS Specinl Committee in Appointed to Try to Amalgamate Warring Factions of Electri- elan TORONTO, Ont., ov. 20.—Atter unani- mously re-electing Prgsident Samuel Gom- pérs, Vice President John Mitchell, Secre- tary Frank Morrison and other executive officers and selecting St. Louls as the place for holding the next meecting, the twenty-ninth annual convention of the | American Federation of Labor, which has been in session here for two weeks, ad- journed finally today. Uncertainty as to whether an appeal to the United States supreme fcourt would be allowed In the Buck Stove and Range contempt proceedings and the possibility that Gompers, Mitchell and Morrison may have to go to jail in the near future, hung like a cloud over the closing days of the conventlon, and the re-election of the trio was the signal for a nolsy demonstra- tion of approval. President Gompers in thanking the con- vention for its action declared that it meant the principles for which he and his colleagues had declared to stand have the unanimous approval of labor and pointed out that the injunctfon In the Buck Stove and Range company case applies to every one of the 2,000,000 workers it the federa- tion, Congressman Willlam B. Wil Blossburg, Pa., and Thomas V. O'Connor of Buffalo were elected fraternal dele- gites to the British Trades Unfon con- | gress. The special committee which is toy en- deavor to bring about the amalgamation of the warring factions of electrical work- ers was announced today as follows Frank Duffy of Indianapolls, of the United Brotherhood of Carpenters and Joiners, named by President McNulty of the recognized faction of electrical work- ers; A. L. Urick, president of “the lowa State Federation of Labor, President J. J. Reld gf the seceding elec- trical workers, and John P. Frey, editor of the Iron Moulders Journal of Cincin- nati, appointed by President Gompers. | Thecommittee will call & convention of the two factions within a year. |NEBRASKA FINISHES SECOND Minnesotn Takes First Place in Ane nual Cross Country Run. CHICAGO, Nov. 20.—The annual five- mile race of the Western Intercollegiate Cross-Country assoclation was won today by Minnesota. Nebraska finished second and Purdue third. The time was 27:08. The order of finish of the other colleges entered in the event was: Ames, fourth; Wisconsin, | fifth; Chicago, sixth, and lowa, seventh WASHINGTON, Nov. 20.—Officlal con. | tirmation of the execution in Nicaragua |of the two Americans, Leroy Cannon and Leonard Groce, was recelved by the State department this morning. STILLWATER, Mion., Nov. 20.—-That | Leonard Groce and Leroy Cannon, the | Americans who were put to death in Nica- ragua by order of President Zelaya, were executed after a fair trial by court-martial was the information received by State Sen- '‘Americans in Nicaragua , ' Were Given a Fair Trial & | barricade inflicted injurles from which he | died |in a cablegram from James M. Hall, a former Stillwater man, who for the last elght years has been engaged in mining in Nicaragua Mr. Hall's cablegram says: “Groce and Cannon were caught with | dynamite and a dynamite machine in their | | possession, with which they intended to | blow up & government transport containing | @0 men. They were given a fair trial by | court-martial, and after confessing their gullt were executed. Both wrote letters |Spogatta was n of] selected by | | Among others rescued were 'SCORES OF MEN ALIVE IN MINE “One Hundred and Fifty!” Cries a a Voice Below, as if from the Grave. AT LEAST FORTY ARE NOW SAFE Resoued After All Night S:arch by Expert Life Savers. THIRTY FOUND IN ONE BUNCH ;Men Had Survived Elements that Seemed Only Death. |RESCUE IS ALL BUT A MIRACLE Familles of Miners Miraculousiy Ch'enting the Grim Disnster Are Dazed by (he News that Secms Impossible. CHERRY, Ill, Nov. 20.—At 8 o'clcex | tonight twenty-two survivors had been brought to the surface, several of them ro in an advonced stage of exhaustion. Soventy or more were belisved to be allve in the dark ramifications of the milo. Experts protected by oxygen helmets con: tinue the searci. CHERRY, Tll, Nov At 2 o'clock thir afterncon it was reported that forty men were imprisoned allve. The men were reached after a wall of debris had been broken down The survivors were immediately rushed to the hoisting shaft and stimulants were administered. One of the men after being brought to the sunlight after seven days entombment, was only cble to mutter in- coherently. His face was black from the smoke and slightly scorched. It appears that the men after discovering their pre: alcament walled themselves in. The fight against death was led by | Joseph Crescini. Crescini was one of the | two men brought up in the e He re- | ported between thirty and forty men alive !in the south w In the darkness where r walted for seven days in an agony of hunger and suspense, they lost track of time and thought that today was Sunda Before re rs were allowed to Inter: view the two men brought to the surface, Qoctors ordered that they should be given nourishment. The next trip of the cage brought seven other survivors.. They were smiling and healthy save for weakness due to lack of food. Women Fizht to Reach Pit. Women fought with the national guards. men to reach the mouth of the pit. Tho {latter restralned them, explaining that ta loverrun the pit would only delay the r:s- cue. As one by one the survivors be- came visible to the multitude outside ths rope barrlers the women crowded rcund them.” When one would recognize a kins- man the joyful meeting moved many (o tears. But saddest of all was the change 1o despair of thoge Who recognized no one whom they sought. By 1 o'clock this afternoon forty bodies of the dead miners had been brought te port the surface and the majority of them identified. Stephen Tinker, whose body was among the first brought to the surface today, was | local celebrity. He was small of stature, !but big of nerve, and served for two years as town marshal. Several months ago he was set upon by a gang of brawlers and maintained his |title as an Intrepld officer. Two months ago he resigned his officlal position and went into the mine. Men Cheer When Rewcue. | Under the leadership of Crescinl such |to0a as remained in dinner pails was sembled and the men put on short ra: {tlons. In this and subscquent measuren taken to safeguard the prisoners an Eng- |lishman who had had previous experience |of the kind shared leadership with tho |Itallan, - When the explorcrs broke Into |the tomb-like prison the men wers all seated, but with the ray of light whieh hot Into their prison from the lights of the searching party thdy jumped to th b |feet and gave a feeble cheer. | The excitement which prevalled among |the rescuers far exceeded that in evidence |among those snatched from death. When led to/ the dining car he Iran fairly Into the arms of his wife and two children. There was a hysterical tor- {rent of endearing words poured from he lips and then the mother turned and kissed the feet of the.man who had brought him out. Another woman fainted {in her husband's arms. ‘When the last man was up, women whao had found none they recognized, walked {about distracted, again and again resturn. Ing to attack the guarded the pit. The survivors were first discovered by | Buperintendent Powell of Braceville, Iil. When the men were reached some of them were talking and Joking. military guard who John and Joseph Plgett, George and John Semrich, and Willlam Waite, a mine boss, and Wil- | Mam Cleland. Cleland was rescued by Robert, his brother, who carried tho man to the face without recognizing his kinsman, At 2:30 rescuers came to the surface | reported that fire had temporarily cut oft the rescue work. A call for fresh volun- teers was lssued and immediately a score {of men entered the shatt. It is belleved {the fire will be extinguished shortly Crowd Uncontrollable, ' As cach one of the rescued men, with blackened face, thrust his head out of ths own sur- and cage, the crowd became glmost uncontroll- able Among the rescued was George Bddy, imm examiner for the company. Great credit Is given him fc the entombed miners. his work In saving In one shaft blocked off from nox ous one of the entombed men becams Monday, and in attacking the | The scene around the | company's offices was one ! Jubilications | “Monanan 1s out. | “Monanan 1s out i “Bjlly Heinz is alive.” These and other were shouted |trom man to man, from group to group. Not a shopkeeper in the city remained at his post. They joined the throng of { women and children In the rush te the scene. shaft and the of the wildest names ator George A. Sullivan of Stillwater today | to their familles confessing thelr SUUL" | Since Monday there has becn no expert