Omaha Daily Bee Newspaper, March 17, 1910, Page 1

¢ « THE OMAHA BEE goes to the homes—is read by the women-——sells goods for advertisers. ‘THE OMAHA DAILY BEE. VOL. XXXIX-NO. 233. OMAHA, THURSDAY MORNING, MARCH 17, l:)]()A , " v COURT HAS FATS Supreme Court Justices Must Now De- cide Famous Case and Settle | Future of Corporation. FINAL ARGUMENTS COMYLETED: Attorney General Wickersham Takes Last Rap at Company. BIG CROWD SEES CLOSING BATTLE Number of Spectators Break All Rec- ords in Court Chamber. 3HALL COMBINE BE DISSOLVED? This In the Question Left Depending Upon Charges of Conspiracy and Monopoly. r Deciston, WASHINGTON, March 16.—The dissolu- tion of “Standard Oil" is now a question for the supreme court of the United States to grapple with alone. The final argument of the famous suit to dissolve the Standard 0il company of New Jersey as & conspiracy and a monopoly In violationtof the Sher- man antl-trust law was made today, and the court took the matter under considera- tion. The third day In the contest of counsel before the court was a memorablé one, not only hecause of the arguments made, but also because of the interest mani- fested In the proceedings, both on the part of the bench and by the people who were attracted to the court. Record Crowd in Court. Rules of the court prohibiting spectators standing in its presence were swept aside, and members of congress stood around the wall of the room. Not in years have so many persons beén packed into the little chamber. It fell to Attorney General Wickersham on the side of the government and John G. Johnson, for the defense, to make the closing remarks, In addition, D. T. Wat- won, another Standard Oll counsel, ad- dressed the court earlier in the day. Mr. Wickersham taunted his opponent for ““desiring to cast the veil of oblivion over its past.” He spoke of that past as con- taining & national scandal which the courts and the legislators were called upon to put down. Somewhat extendedly he em- phasized the position that the reorganiza- tion of 189 gave the Standard Ofl a more solidified organization than it possessed before, an organization which prevented the subsidiary companies from becoming competitors. Question of Monopely. He turned to the question of what con- stitutes & monopoly. I nclose he urged the court not to be influenced by-the cry this proceeding was a blow dipected at business, “hecause sush a cry had been made défteh Befdfe and proven ground- less." The clobing address of Mr. Johnson was partly a reply to Mr. Wickersham, Al- though the wolf may have not come at firat, he told the court, when it aid come it Was too late to cry. He pald his compliments to Frank B. Kellogg, author of the petition of the government, filed in the circult court of the United States for the Eastern dis- trict of ‘Missour! and on which the de- cree of dissolution before the court for reyiew, was based. Mr, Johnson told the court it Teminded him of the contents of the witches' cauldron in ‘Macbeth,” in that 1t appeared to have been made up of a collection from the scrap books of disappointed oll producers and “maga- zinists, female or otherwise.” The best part about it, he told the court, was that it ‘ended with a prayer. Doctrine of “Take AlL" Mr. Johnson interpreted what he de- designated as “the new doctrine of po- tential ' competition,” as an attempt to require’ each Individual to compete with himsélt. Turning to another phase of the controversy, he asked, “How on earth codld we monopolize the manufacture of refined oll, when we control only 11 per cent of the crude oll output?" “But they complain that with our enor- mous amount of -wealth we drove our com- petitors out of business,” he exclaimed. “Aré you golng to conduct business on the rade frack prineiple and put a handicap to the man who possesses wealth? Are you *l. to taboo wealth?" ith sarcasm depicted on his face as he' walked back and forth before the bench he ekpressed his surprise that such iniqui- ties &5 had beeén complained of existed in this country, “We do have pipe line," he shouted. do have éngines and boller: any reason why our competitors should Eet héat And steam from us? There {s no fed- eral law which requires that as yet, thank Ged. 1 am speaking of the present. Your honors may be called upon—not in my life- Ume—to pass upon a law that says how much a man shall own. But that question 18 not now before you.' Mr. Johnson next turned to the subject of unfair competition. Kid Glove Competiti “Is there a kind of moft competition, a Plekwickian competition, a kind of kid- &love varlety?" he asked, “where they just cdmpete o nicely that it won't hurt? Gen- erdl Sherman used a word In deseribing what war 1s; I won't use the word In your honek's, presence, but that |s what compe- tton Is. Yet they complain because we undersold someone.” There are plenty of laws that could reach wifalf competition I it be illegal, he said. The law which permits a §29,000,000 tine to be 1ald, he contended, was not wickian law." In olowing, he pleaded with the court not to Mtrike down a legitimate business, or deprive the men he represented of thejr organization, “The remedy the Rovernment asks you to apply,” said he, “is 1ot unlike the surgical operation of amputating the foot to remove & thotn from the toe.” ‘ Combine of 18 Mr. Watson, who began his argument laté yesterday, had for one of his tasks con- wincing the court, If- possible, that the orly @ct of alleged conspiracy or monopoly be- ofe 1t WAS the combining of corporations n 189, This was the only act the elreuit eourt of the United Siates for the eastern distriot of Missour! had decreed against, and as (he goverfiment had not appgaled, he urged, the supreine court could conalder nohe of the other alleged monopolistic ae- tivities talked about by opposing counsel, Scarcely had Mr, Watson taken up the ontinusd on Second Page. We but is that “ OF STANDARD 01, v adicted Packers set First Step -%., Toward Appeal N State'. “ Ldw Why Right of Re- i Jrder to Produce Books view | Should Not Issue. 7 TRENTON, N. J. March 16—Justices Reed, Trenchard and Minturn, sitting as & branch of the state supreme court, this afternoon, on the appiication of counsel for western packing compankes, granted g certiorari should not lssue to carry up for review Justice Swayze's order, ‘issued today, directing the companies to bring thelr books into New Jersey for. Inspec- tion by the Hudson county grand jury. The rule was made returnable Wedn day and Justico Reed announced that argu- ment on that day should go Into the merfis of the case. NEW YORK, March 16.—Another of the indicted officlals of Chicago meat packing companies, Lemuel 1. Patterson, vice presi- dent of the National Packing ‘company. appeared voluntarily in New Jersey court of common pleas in Jersey City today and entered a plea of not guilty, to the recentiy found Indictment charging conspiracy and restraint of trade. Pall was fixed at §7,500, which was furnisbed. Counsel for Patterson reserved the privil- ege to withdraw the plea for the purpos: of moving to quash the indictment. CHICAGO, March 16.—Investigation of the packing house industry by the federal grand jury was adjourned today until to- morrow because of the nonarrival of sev- eral witness¥es from New. York. The Mentity of the witnesses were kept secret, but it was reported that they would tes tify regarding the $15,000,000 .loan which made possible the organization of the Na- tional Packing company. Coal Must Compete with Gas and Oil . Southwestern Operators Say This is Reason for Refusal of Ad- vance of Wages, KANBAS CITY, March 16.—Becauss of keen competition in the use of gas and oll for fuel, the coal operators of Missourd, Kansas, Oklahoma and Arkansas cannot afford to grant the raise In wages de- manded by the United Mine Workers of America at the recent conference in Kan- sas City. This is the substance of & state- ment issued here today by the southwest- ern operators. The question is soon to be threshed out at the miners' convention in Indianapolts. The operators in this statement . say: f the operators granted the miners the Increase asked for, the operators in turn would have to ralse the price of coal. If he raised the price of coal, the consumer would not buy, preferring to use ofl or gas, and save Money. Thé operator does not refuse the miner the increase asked for beciuse he wants to antagonize him and perhaps lead to a labor struggl because he can see no way to Increase the pay and meet this competition.” GasCompany Must Furnish Service Supreme Court of Iowa Decides Case in Favor of Boone Man Who Tapped Main. BOONE, Ia, March 16.—(Special Tele- gram.)—The case of Phelan against Boone Gas company was decided in the supreme court favorable to Phelan. The gas com- pany refused to furnish him gas, he tapped mains himself, then the company refused to place a meter and had Phelan arrested. The lower court held that the company had to furnish gas and the company ap- pealpd. The supreme court holds that the company must furnish the commodity upon demand of any resident of the city. ) VAN NORDEN FAILS TO APPEAR Women Charged wi s Stealing Large from Milllonaire Are Discharged. NEW YORK, March 16.—Warner M. Van Norden, former president of the Van Nor- den Trust company, is far away over day to prosecute Bessle Roberts and May Willlams, the two women he accuses of him of 3$2800. Mr. Van Norden does not expect to return from Europe for six mwonths, and the women were discharged had been held. CUDAHY AT ASHEVILLE' N. C. Figure in Sensational Affair at Kan- sas City Registers at Mountain Hotel, ASHEVILLE, N. C., March 16.—John P. Cudahy of Kansas City, who recently fig- ured In a sensational attack on Jere F. Lillts, president of the Western Exchange bank of Kansas City, {s stopping at a lo- cal hotel. rule for cause to be shown why & writ in | seas and consequently did not appear to-| holding him up on the stréet and robbing | from the $30,000 ball bonds in which each | || am perfectly willing to have it made r | ‘SHARP FIGHT ON | RAILROAD BILL J‘Fomel Arrayed in Bitter Debate Over | Matter of Amendments to | Measure. | | Towan Brings from Aldrich Admission | that Bill Can be Altered. | | SENATOR CUMMINS LEADS BATTLE | | TAFT'S NAME USED RECKLESSLY President Figures in Case and Action | | is Defended by Root. PLAN TO FAVOR THE RAILROADS Chief Eyecutive Quoted as Favorl - Traftic Agreement ‘by Roads if Approved by Interstate Com- s merce Commission. WASHINGTON, March 16.—In the sharpest debate yet provoked in the sen- | ate on the administration raflroad bill, Or on this subject In previous sessions, bitter criticism of the actlon of sup- porters of the bill in trying to put the |measure through without amendment @licited from Senator ‘Aldrich an admis- slon that the bill could be' amended. *This statement was made during the second day “of Semator Cummins’ spepch attacking the bill, but not untll after triends o fthemeasure had been acoused o ftrying to hjde behind the president and the fact that it had been drafted at his direction, > President’s Name U Fyreely. For more than two hours slié president figured in the discussion and for a thme his ‘title, 1f not his name, was banded about with a freedom that amtoutited almost to recklessnes In this portion of the debate Senators Aldrich, Balley, Cummins, Root, Tlkins and Bacon fig- ured consplcuously. Senator Cummins contended that the provision referring to traffic agreement would render them legal without thelr submission to the commission, He as-- serted there had been conspicuous silence in the committee on this subject and thereupon Mr. Crawford turned to Sen- ator Aldrich, who | sa member of the committee on interstate commerce, and questioned him as to his Interpretation of the meaning o fthe provision, tt “The whole truth,” interrupted Mr. Balley, before Mr. Aldrich could reply, “is repeal of the anti-trust law is to reverse the supreme court of the United States. The effect and purpose 'is to- take the rallroads from under the supreme court,' Rallronds’ Part Questioned. Mr. Aldrich refuted the intimation of the Texas senator and from the collogquy arese a genernl discussion as to whether 4t had been the original Intentfon” to"include the railroads in the original Sherman antl- trust bill, during which Mr. Aldrich sald that mo senator who had voted for it had the sMghtest idea that the rallroad were embraced within its terms. “But all the same you are now trying to make them of it he reiterated. “I beg your pardon,” responded Mr. Ald- rich, “but that is not true. The senator from Texas is mistaken as to the purpose of the proposed law, as Is the senator from Towa. Mr. Cummins would not admit that he could be mistaken, for he declared the, purpose of the law was writtsn broadly on #ts face. There could be no doubt it repealed the law regarding traffic agree- ments, he sald. Hint at Wholesale Violation. Sepator Elkins undertook to refute this contention by reading the provision re- garding the agreements, and in so doing broadly asserted that everyone must know the rallroads violate the law every day. This assertion was challenged by several senators, but the West Virginia senator held to his position and asked, *Now, why embarrass the rallroads?"’ “True, true, responded Mr. half under his breath. Mr. Elkins contended that even though agreements were authorized by the pending bill the commission still would have con- trol of rates, and even more comprehensive control than under the present law. It t8 not the agreement that is powertul," he said, “but the rate and so long as the commission controls the rates it is in com- mand of the situation.” g Mr, Aldrich referred to a supposed al- llance between the “Insurgent” republicans and the democrats, and then after a brief protest from Mr. Cummins over this method of presenting the matter, the Rhode Island senator declared it to be his opinion that no schedule of the roads, whether under agreement or not could go into effect with- out the approval of the commission, “If that ls not made clear in the bill I Cummins, said Mr, Aldrich. Cummins Makes Suggestion Responding to this' statement, Mr. Cum- mins declared the only way to remedy the defect was to withdraw the repealing pro- vislon. To this suggestion and others Mr. Aldrich responded that he. had found him- self In such disagreement with Mr. Cum- mins that it had been impossible in cam- (Continued on Second Page.) Assessor Will “We are going after the owners of valu- able jeweiry this year,” declares County Assessor Shriver, and we shall see If we cannot get some taxes paid on these highly valuable pearl ropes and dog col- lars, tiaras and dlamond sunbursts. But they won't be easy to get." Mr. Shriver has of recent months been reading with great dnterest of the large investments of Omahans in jewelry of the sort described and has & few notes now on which to force tax returns. More material for this work will be compiled. "Personal property of any sort is hard to get sald the official, “but there are some trinkets of the kind which are pretty well known about.and I can't see why We can't reach these. Anyhow, an ettort will be made.’ Omaha women do own some handsome things in the jewelry loe and so far as on Tiaras and Sunbursts Levy Taxes can be determined®no taxes to speak of have ever been pald upon these articles, Some of the most expensive adornments of the sort have been bought since last April and are liable for taxation now for the first time. But other necklaces and stomachers and tlares have been visible upon festive occasions for some years past without payment of taxes thereon, The automobilist who does not make a| return upon his car is to be a special subject of scrutiny this year. As announced, the county assessor has armed himself with & llst of prices for various makes, the Information being gained at the auto show, and he has complied at ' Lincoln & list of licenses and licensees. A special deputy to run down delinquents will be asked of the Boar® of County Commission- ers, and If this is allowed the chances are that few cars will escape taxation this year, | that the intention of the provision for the|. TWELVE PAGES. "fl"!“"‘"‘“ it '. R from the.Philadefphia Inquirer. President Taft Will Make a St. 00 Gobd for trhcr j;ivsh Patrick’s Day Speech In Chicago. TAFT STARTS FOR' CHICAGO pic President Will Make Address at St. Patrick's Day Banguet. WILL VISIT EASTERN CITIES Chiéf Executive Will Bé. Absert from ashington & Week—His Auto- bile Nesrly Ruus Over a Woman. WASHINGTON, ~ Mareh 16—Presiaent Taft left here at 9:10 a. m, for Chicago over the Pennsyivama railroad. He is due thers at 8 o'clock temorrow. From Chicago the president will swing,around the circle, t Rochester, Albany, New York, New Haven and Provi and will not be in Washington agal March 28 Shortly after the White house on his Way to the stal the presldent had an extremely exqiting moment. The big White house automoblle bearing him and his aide, Captain Butt, narrowly escaped running down & woman. The heavy car running at good speed, was crossing Four- teenth street on New York avenue; when a woman darted in front of the machine. Instantly the chauffeur applied the brakes, bringing ghe machine to a sudden stop. The president, “seeing the impending- ac- eldent, was on his feet in an instant and shouted-a warning. The car:then- continued on its way and marrowly missed hitting a trolly car. The, president's visit to Chicago~is pri- marlly to wttend ‘the annual St. Patrick's day banquet of ‘the Irish Fellowship club of that city. He.also will'be the guest.of that organization ‘at luncheen. :From .the moment of his arrival, however, until he leaves Chicago, at nearly midnight morrow, he has continuing . engagements. He will ride with a military escort from one of- the suburban statlons to his hotel, will visit. the newspaper chub in the after- noon at the Auditorium, will be tendered a reception at the Hamilton club and wil wind up the day with the Fellowship ban- | quet. Arriving ‘at Rochester the afternoon of Friday, the ith, the president will be the guest of the Chamber of Commerce at a banquet that evening. He will spend the night In Rochester, and leaving there early Saturday' morning, will proceed to Albany, where for two days he will be the guest of Governor Hughes at the state executive mansion. During the stay in Albany, the president will attend the tuber- culosis congress, a dinner of the University club and ‘probably will be the center of a number of political conferences. On Monday the president will attend a meeting of the Yale corporation at New Haven, and-proceeding to Providence that afternoon, will be the guest of the New England . Manufacturing = Jewelers and Bilversmiths at an elaborate ‘banquet, at which Senator ‘Aldrich also, whl be & quest of honor. From Providence the president proceeds to New York, arriving there the morning Lof the twenty-second to spend the entire day. ‘He will be entertained at the New York Press club in the afternaon and in the evening will attend a banquet of the American Peace and Arbitration soclety and.look in at a dinnerigiven by the New York county republican - committee to Herbert Parsons. \ Itis a safe invest ment—A Bee want ad. It you want a servant it will bring one to your door. It you want & position it will find one for you. It you have something to sell, it will sell it for you. It you have lost something it will find it for you. It you have found something it will be the first to tell you who lost it. Bee Want Ads are treasures. You have done your best when you use one. Everybody reads | Bee Want Ads. * "Phone Douglas 238, - to-| How Nebraska Farmers Make Sales of Land Street and They Make Thousand Dollar Deal. Forty HASTINGS, Neb., March 16.—(Special.)— One of the most notable real estate trans- actions ever made In this city was, the sale today of a half section farm for $40,- 000. . ‘George Borrell was encountered on the street by Fred Grothen, who owns a half section threemiles from Hastings. “What will you take for that garden?” asked. Mr. Grotehn. : ) “Oh, mbout $40,00, I guess,’ The Borrell farm ls.two- miles from. the Grotehn, farm. It has ordinary improve- ments in the way of buildings. Mr. Gro. then thought the figure was about righ® and promptly invited Mr. Borrell into real estate office to make out the deed The deal w: consummated in about ten minutes gnd Mr. Borrell then walked over to the bank to deposit the $40,000 check. *Mr. Grothen's new farm is 820 acres and it stands him $125 per acre. Ten years ago the land could probably have been bought for 335 per acre. Both farmer$ drive auto- moblles. British Merchants for Protection replied Mr. Association of Chambers of Commerce. Declares for System of Tariff Reform, LONDON, March 16.—The Association of Chambyrs of Commerce of the United Kingdom in session here marked its jubl- | Washington; lee annual meetipg By adopting today reso- lutions In favor of a system of tariff re- form ‘“In the interest of British trade, in creased employment and colonfal prefer- ence."” There was an animated discussion of the resolutions, which developed considerable opposition, but the vote by chambers showed the tariff reformers to be in the majority, 51 to 12 Forty-one chambérs took a neutril attitude, The assoclation proposes to urge the gov- ernment to take the necessary steps to carry out the purpose of the resolutions. Kearncy Wet ' by Twenty-Five sults in Decision to Grant Li- censes Again, Neb.. March 16.—(Special Telegram.)--At a epeclal election held in this city today for the purpose of voting on the liquor question it was decided by a majority of twenty-five votes to grant liquor licenses for the coming license year. A full vote was cast at the ps both {wets aud drys working hard all day to get the vote. The First and Second wards gave their majorities to the wets by a strong Increase over last year, while the Third and Fourth wards went dry by a decrease. KEARNLEY es, CANNON TURNED DOWN AGAIN Uncle Joe Overruled by Big Vote on Appeal from Decision, Hastings Man Accosts Friend on MORE REGULARS JOIN INSURGENTS Speaker Stands by Rules, Saying He Interprets Them As He Sees Them—Auto Episode Recalled. WASHINGTON, March 16.—Although the republican organization of the house took radical measures today to insure against a repetition of ,yesterday's defeat at the hands of the democratic-insurgent repub- lican eombination over the question of matntenance of an automoblle for the speaker;: the. alltes scored another victory ovgr the regylars even more decisive than tdt of yesterday. " On an appeal from a deeision by Speaker Cannon in the matter of precedence for a folnt resolution, -the house voted against ha speaker by & vote of 163 to 111 In ad- dition to'the full democratic vate and the thirty Insurgents who have always stood out against the speaker, a dozen other re- publicans, heretofore regulars, voted to turn down the ruling of the chair, Following were the forty-two republicans who voted against the speaker: Ames, Massachusetta; Carey, Cooper and David- ron, Wisconsin: Davis, Minnesota; Dawson, Towa; Fish, New York: Gardner, Massa- chusetts; Good, Towa; Gronna, North Da- Kola; Haugen, Towa; Hayes, California; Higgins, Connecticut; Hinshaw, Nebraska; Hollingsworth, Howland and Johnson, Ohio; Kendall, Towa: Kinkaid, Nebraska: | KKopp, Wisconsin; Langley, Kentucky; Len- {root, Wisconsin; Lindbers, Minnesota; Me- | Kansas; Minnesota; Kansag; Nel- ska; Parsons, Laughlin, Michigan; Madison, Martin, South Dakcta; Miller, Morse, Wisconsin; Murdock, gon, Wisconsin; Norris, Nebr: New' York; Pickett, Towa; Poindexter, Pray, Montana; Stafford, Wisconsin; Steenerson, Minnesota; Stevens, Minnésota; Townsend, Michigan; Volstead, Minnésota; Wilson, Tilinole; Woods, Towa. “Uncle Joe"” Gives Reasons. Just before the taking of the vote Speaker Cannon addressed the house at length, Asserting his reasons for the ruling and showing something of Indifference as to what action the house might take In e premises, . He had just ruled that the constitutional nature of a resolution offered by Repre- sentative Crumpacker in reference to the coming census gave it precedence over the house rule, establishing “calendar Wednes- day,” which was one of the features of the Fitagerald rules. “Whatever may occur seemingly to re- buke the chalr, whether from pique or btherwise,” the speaker announced that he would, interpret the rules as he saw them. When the vote was announced, applause | broke forth from the democratic side. Bitter Fight at Special Electoin Re- | A few minutes after the house convened today Representative Dwight, the repub- lican whip, made a polnt of no quorum and caused a call of the house, resulting in a scurrying In of members who were fbsent in committee rooms or in their of- fices. More than eighty arrived too late to>answer to their names 1t was privately announced by a promi- nent member ¢ the house organization that hereafter & quorum must be present and that the attendance of absent mem- bers was going to be compelled yios S0 Rl Bank Saf. Robbed. MARION, Ind., March 16.—Professional cracksmen robbed the Van' Buren (Ind.) bank, owned by Howard Bros, at Van Buren last night and escaped with $1.500 in | gold. KHARTUM, March 16.~The Roosevelts pald a second visit to Omdurman The town is on the 1éft bank of the river | Nile, just below the junction of the White Nile and the Blue Nine, and almost op- terest to the traveler. The start was made after an early break- | fast, Colonel Roosevelt, Mrs. Kermit and Miss Ethel belng accompanied EgYPt, and other officers and friends party made the trip on the sirdar Roosevelt Party Pays Second Visit to Omdurman today. | near the posite KKhartum, It contains much of m-’n;.u was killed at { while acting as a war The Roosevel(s visited the Khalifi's house | senter of the town, Near by the | house Is the Mahdl's tomb and within the | enclosure of the house is the tomb of| Hubert Howard, son of the earl of Carlisle, the battle of Kerreri, correspondent, Colonel celved the Roosevelt r more Roosevelt, | prominent of the residents of the city dur- Ing the visit at the Khalifi's house today. by Baron Slatin, the inspector general of | Following the reception the market place | The | #nd the picturesque bazaars were visited ht|and some of the houses of the sun dried Elfin. One object of the excursion was to | bricks, as well as the mud huts which pre- witness the Twelfth Sudanese regiment on |dominate, were examined. parade. WEATHER FORECAST. For Nebrask Fair. For Towa - Partly cloudy. For weather report see page 2 CENTS. AGED MIKE TAKES | MABRAY'S HAND |Steps Off Witness Stand to “Shake” | with Man Who “Did"” Him for Ten Thousand. WO |DECLARES “NO' HARD FEELINGS" Takes Wife to Race and Bets Money | On Hest Horse, LAST AND GAMEST OF THE KIND |Government Will Rest Its Case Th Merning Early. |PREACHER'S SON A STEERER Lends Member of Father's Congregn- to “Blg Store” Where He is Relleved of Ten Thousand by tha Gang. Seventy-fou ars oid, miked for $1000), and stiil a spovteman, J. G. Kile, a wealthy farmer of Cikco, ‘111, stepped from the wit- ness stand in U'nited States court at Coun- {cil Blutes ana shook hands with John Mabray “No hard feeltngs, John, but that was & 1 of o race,” sald the old man “It'm alright, uncle,” replied Mabray, ris- Ing from his seat to take the hand of the man who had been testifying against him and the other members of the “blg store’ gang who operated at Little Rock, Kile was the last and the gamest of the mikes milked. Without the usual pro- cedure of the “private secretary” delusion, he straight-forwardly bet his §10,00, took his wife out to see the race and lost the Tirst bet that he had made since his youth. He chose “Red Leo' a8 the best horse, and still trusts his judgment. The government will rest its cace this morning, probably by 10 o'clock, and the defense will begin the examination of its Witnesses. In Attorneys Comwsult, The attorneys of each camp held consul- tations last night and the program for the close of the trial has been mapped out. The government has little of importance yet to Introduce aslde from technical testimony and the collection of loose ends. Willlam H. McGrath of Plpestone, Minn., miked through the agency of Lewls W. Stowe of Miles Cit: Mont,, son of the rector of Christ church at Minneapolis, where the victim was a communicant, tes. ified to being miked out of $10,000, expense money home for the steerer and his over- poat. © " The Indictment against Stowe has been held in abeyance since he and McGrath be- came reconclled last Sunday while together in Couneil Bluffs, and it will probably be ncelled. MeGrath declares that he be- eves Stowe to hgve been innocent of in the part he played, They were achool- mates together ih Wl o Kile, who was the fast s o, be. gath: ered in by the Mabréy gang before the | Little Rock rad which endcad its opera- tions, was the last of the important wit- nerees for the government, He owns a half sectlon .nt land at Cisco, 11, droves of cattle and city real estate. He was steered by Monte McCall, working under an allas, How Kile Was Worked. “A man who called himself Bd Leanard came to me and sald some one had told him I was an old land pirate and had lots of money. He sald that he had a friend who rvepresented some millionaires In Ar- kansas who had a lot of timber land to sell. “I wanted some timber land and so I took my wife and we went to Little Rock. Down there the timber land dldn't show up, but while we was walting Leanard #howed me a race horse and we framed ur the race when the milllonaires showed up. “1 want to tell you, gentlamen, right here, that that was tie first time in fifty years that I had mado a bet, but when I was a young felier I used to bet some on | hosses,” explalned the witness to the inter ested jurymen. “They wanted me to nidke some bets right away, but I always did refuse to before I seen the hoss I were bettin' on. Anyway, 1 went to the bank and drew $10,00°I brought down to buy timber land with and bet it on the race, “They wrapped it up in a big newspaper and sald they was going to put it in & strong box. “That was where you bid govdbye to It, was 1t?" ventured the examining attorney. “No sir, 1 didn’t bld that money goodbye until after the race was run, snorted the old man, his whiskers all adquives. “1 ana My Wifel “I and. my wife goes out to see the race. It wps to be a four and & half furlong race, but they only measured off about 3000 yarde on the turnplke, I kicked to Mabray, but he says: ‘‘It’s just as falr for one as 'tis for the other'—and 1 reckon it was, “That punkin’ headed jockey fell off, just pltched off Iike & frog when our hoss was half way down the course and two lengths in the lead. He bled some and the race was lost. “I walks over to Mabray and says that It was a bum race and he says again: ‘Just as fair for one as it was for 'nother.’ " With this the old man took his wife back to the hotel and packed up to return to Littlg Rock. “If' I'd & knowed how that was going I'd a rode that hoss myself,” declared the old || man after the close of the day's session discussing the race at Little Rock. “I'll back that Red Leo now against thet ratty mare that beat him at Little Rock. 1 used to see races when I was & young- ster and I know a hoss yel “What did your wife say about it?" he was asked ' “She never sald nothing, shé's game, bet. ter man now than I am," answered the old man proudly Mike Evidence Near B In drawing the prosecution towards the close the government, through the testl- mony of Henry Stoggsdlll, a mike from Cabool, Mo., put Willard Powell, defendant, a wealthy race horse man of Jacksonvlile, Fla., again on the defensive. Powell's a torney Is now engaged in an effort to es- tablish an alibl for his olent. Eddle K. Morris, the negro prige tighter- defendant, from Troy, N. Y. was drawn nto the trial for the first time as the steerer named In the testimony of James Webber, coal miner, mike, from Bhamokin, Pa. Webber declared that he, like Alberts, had recelved a proffer to becomo a mem- ber of the gang from Morris. In this con- nection he got a mepsage from Georg Wilson, secretary, at New Orleans “Then I sald to Morris, ‘Now I know