Omaha Daily Bee Newspaper, April 20, 1915, Page 2

THE BEE NIPPONESE STIR UP | REBELLION IN CHINA Bun Yat Sen Believed to Be Acting| with Japan in Revolt Against Yuan Shi Kai He went to the steamship to | l { PEKING, April 18.—Consldering the fact | that the Japanese gave assistance to Dr. | Sun Yat Sen in his rebellion against President Yuan Shi Kal' and that Dr Sun retired to Toklo after the revolt was pat dowm, the report is credited in off) clal circles here that Hung-Futze bands from south Manchuria, led by Japanese are now marauding on the Shantung peninsula fn the vicinity of Tsing Tau with banners inscribed “‘vanguard of the army against Yuan Shi Kal"” MANY TRAITORS ARE EXECUTED e ——— The Chinese government lodged an- sther protest with Tokio Saturday re- zarding the reported movement of Jap- anese troops in Shantung, and also, it is nderstood, alleging that Japanese troops | prevented Chinese troops from pursuing | sends of brigands near Teimo, in neutral territory north of Tsing Tau. Chinese government reports are said to confirm the newsapaper accoumts of an alleged agreement between Dr. Sun and Japanese agents for Japaneses support with money and arms and men for an- other revolution. Numerous executions in several centers, meluding Peking, of emissgries of Dr. Sun are now taking place, the law in China not being sufficiently advanced to Kive these men falr trinls, Little beyond the denunciation of alleged offenders by detectives is necessary to bring about an execution. GOVERNOR VETOES EFFICIENCY BILL to cut specific items In either the main- tonance or the salaries hill. The former, House Roll No. 71, was not signed until this morning. Some minor mistakes have been Alscovered in the mainterance bill, involving errors presumably made in the conference committes, in computing the totals of several department appropria- tions. One item of $500 for the purchase of seven mew. iyjewriters, included in the supreme court appropriation, is not fig- ured in the total. As a result the total is short that amount. Another mistake was mado fn totalling tho appropriation for the stale library, making the total sum $1,000 shorter than the actual totkl of the various ftems. The library com- mission in whort $100 on its total. Other- wise the totals ccrrespond with the spe- HOLDS LEO FRANK HAD FAIR TRIAL (Continued from Page One.) of mob domination or the ilke, The ‘act were examined by those courts upon evi- dence submitted on both sides and both cotirts found Frank's allegations to be groundiess, except with respect to a few matters of irreguiarity not barmful to the A # court holds that such nation of the facts cannot in this collat- oral Inquiry be treated as a :flflm‘: taken as setting the truth the matter until some reasonable ground ls shown for an Inference that the wupreme court of Georgia either was 'wanting in jurisdiction of committed error In the exercise of its jurisdiction. The mere assertion by the prisoner that the facts are other than the state courts upon ull {nvestigation determined them to be, a determis Court Room Issue. “Respecting the fact that Frank was Dot present in the court room when the verdict was rendered (his presence hav: ing been waived by his counsel, but with- out his knowledge or consent), the Geor- &la court held that because Frank, ly after the verdict, was made fully of the fact, and he then made a new Hi | s i g/} | I urt, he could this move had been finallly ad- against him, move to set aside ot as a nullity because of his beence when the verdict was rendered. This court holds that there is nothing in the fourteenth amendment to prevent a state from adopting and enforcing so reasonable regulation of procedure.” Justice Pitney sald that the practice established in the Georgla courts that a defendant may walve his right to be prosent when the jury renders its ver- dlot “1s within the authority of the state to adopt.” “The presence of the prisoner at the rendition of the verdict,”" he said, “is not 50 essential a part of the hearing that a rule of practice permitting the acoused to walve it and holding him bound by the walver, amounts to & deprivation of due process of law.'” Dissenting Oplnion. Justice Holm dissent largely on the ground that the finding of the state supreme court on the existence of mob viclence at a trial is not binding on the United States supreme court, as was held by the majority. He sald he saw no reason for adopting a sterner rule in criminal appeals than in civil appeals and held where questions of law and fact were intermingled In civil cases, as here, the United States supreme court may review & state court's finding of fact. “*The single question in our mind,"” sald Justice Holmes, “is whether a petition Alleging that the trial took place in the midet of & mob savagely and manifestly intent on & single result. is shown on its face unwarranted by the specification which may be presumed to set forth the strongest indications of the fact at the petitioners’ command, This is not a matter for polite presumptions; we must Jook facts in the face. Any judge who bas sat with juries knows that in spite of forms they are extremely lkely to be impregnated by the environing atmos- phere. And when we find the judgment of the expert on the spot, of the judge Whose business it was to preserve, not only form, but substance, to have been that If one juryman’ylelded to the rea- sonable doubt that he himself later ex- preased in court as the result of most { i ; E : i | i r after ted verdi i i F f - H l t ] i H : | | a 11 i I il / § | i i { B £ 5 g2 3 iz 3 i A Ei;% 3 g! E i 13 52 3 iz Evi ?l 3 7'3 # i H E ; i ] 3 - ¢ i i g H H i o | i i i ; it i | E ] i ! i : ! i / ; ; i i counsel would be safe from the rage of whelming that the jury responded to the passion of the mob. case made by the petition, and whether 1t e Sk e r——im s anxious deliberstion, neither prizoner nor the erowd, we think the presumption over- Sxpectant | “f cgurse, we are speaking only of the jought Lo be heard Upon allegations of o s MRS. H. F. W. WARDEN, wife of Lieutenant Warden of the royal medical corps, and formerly Miss Mary Easby- Smith of Washington, D. C,, has arrived in New York with her husband, after kidnaping him from the British army. see her off and she locked the cabin door until the boat sailed. this gravity, in our opinion, it ought to be heard, whatever the decision of the state court mav have been. “It may be, on a hearing, a different complextion would be given to the judge's alleged roquest and expression of fear. But, supposing the alleged facts to be true, we of the opinion If they were before the supreme court, it sanctioned a rituation upon which the courts of the United States should act and if for any reason they were not before the supreme court, it is our duty to act upon them uow and to declare lynch law as little valld when practiced by o regularly drawn jury as when administered by one selected by & mob intent on death.' | Wil Keep Up Fight. ATLANTA, Ga., April' 19.<"T°am very much disappointed, but 1 will keep up the fight,” sald Leo M. Frank, when in- formed that his case had gone against him. Frank's attorneys said they belleved avy means In Frank's behalf before the courts now had been exhausted. They added that they probably would prepare & petition asking the Georgla prison commission to commute Frank's sen- tence. Contest for Campbell Millions Begins in 8t. Louis Court ST. LOUIS, April 19.~Trial of the suit against the will of James Campbell, trac- tion magnate, was scheduled to bégin in the circult court here today. An estate conservatively estimated at $16,000000 1s involved. The contestants’ case hinges on the question of whether Lols Campbell Burk- hem s the daughter of Mr. and Mrs. James Campbell. that Campbell was of unsound mind. Campbell left his entire estate in (qua! shares to his widow and to Leis Camp- bell, to whom he referred as his daugh- After their death and the death of ter. any heir which Mrs. Barkham may leave the entire estate will go to 8t. Lows unie school and hospital, The attorney for the contestants an- nounced today that Mrs. Anne Elisabeth Blalr Hicks, who, the contestants claim, Lovis Campbel! Burkham, will be the principal witness is the mother of Mre. for the contestants. Wilson Urges Calm On Part of All People WASHINGTON, April the American Revolution he could at all, The president declared son, the power Itself. The president described the mettle to act righteousty. | Makes 01 Feel Like 16, Kidney Pills about ten montha ago. fatigue. feel like & 16-year-old girl" ney Pills strengthen and invigorate weak. der trouble. They Sold everywhere. —Advertisement. e T — R The claim is also made 0f the United States 19.—President Wilson urged calmness on the part of the United States during the Huropean crisis in an address here today formally opening the congress of the Daughters of He sald that eak only in general terms and that it was indiscrect for him to speak that the su. preme tost of a nation was self-posses- to restrain emotions, think calmly and bs absolutely sure of |everything it does. The United States, he said, must possess the judicial tem- Perament, not in order to judge others, but in order to judge calmly what it does United States as a melting pot of nationalities and added that the nation was now on its “1 suffered with kidney allment for two years,” writes Mrs. M. A. Bridges, Robin- won, Miss., “and commenced taking Foley I am now able to do all my work without I am now 61 years of age and Foley Kid- tired and deranged kidneys; relleve back- ache, weak back, rheumatism and blad- Original e 1w sctin. | WJALTED MILK OMAHA, TUFESDAY, BEAR T0 GET CITY OF CONSTANTINE of Turkey Promised to by Western Allies if It is Taken. APRI AGREEMENT IS ‘Il WRITING | ROME, April 19.—(Via Paris.)— | | The Sunday Messagero publishes an interview had in Petrograd by it correspondent with Prof. Paul | Milukoff, leader of the constitution- | | alist democratic party in the Rus- s'an duma. The Russian program, according to | Prof, Milukoff, was liberty in the | Black sea with the possession of the [ straits leading from it, evidently im- | plying that Russia purposed to oc- ;cupy Constantinople in the event of | the success of the allies. A written agreement in this sense, Prof. Milu- koff said, already had been concluded betwean Great Britain, France and Russia. JURY CHOSEN TO TRY BARNES' SUIT AGAINST COLONEL (Continued from Pame One.) tes and governor of New York was also dweit upon by the attorney in fram- Ing his inquiries. As the examination proceeded Mr. Bar- L 2, Roland G. Garros, 1915. Famous French Aviator, is Captured by Germans nu BERLIN, April 19.—(By Wireless to Bayville, N. Y.)=The report on the prog- ress of hostilities given out today by German headquarters relates that *Lieu- tenant Roland @. Garros, the famous French aviator, has been made a prisoner by the Germans at Inglemunster, Bel Elum, seven miles north of Courtral Lieutenant Garfos has flown in many competitions In the United States. Since the beginning of the war he has been among the most daring of the French ailrmen. His iatest exploit was at | Dunkirk, three days ago, when he shot dead In the air the aviator and observer of a German aeroplane. He went against the machine alone and as the fastest, out his he was able to ALLIES TRYING TO BRING ITALY TO FIRING LINE (Continued from Page One.) and Roumania have taken joint action in refusing to allow foodstuffs for the eivillan population of Austria-Hungary to traverse their territorfes. Lull in Fighting. Although there has been much fighting in both the eastern and western flelds, operations on a big scale are still await- ing improvement in the weather or one #ide and adequate supplies on the other. Indications are, however, in both the Carpathilans and Poland that the greatest battie yet to be fought is Imminent and num delved deeper Into political and leg- islative matters, asking the talesmen to what extent they had been Interested in such affal Gives Him Onee Over. Mr. Barnes, who had changed his seat, #wung around In his chair and gazed Colonel Roosevelt for fully two minute then turned back and wrote a memoran- dum on a pad of paper, The colonel leaned far across the table #0 a8 to catch every word that was said. The suit is based upon a statement fs- sued by Colonel Roosevelt during the campaign last summer of Harvey D, Hin- man for the republican nomination for governor of New York state, In that statement Colofiel Roosevelt referred to Mr. Barneés as controlling, with Charles F. Murphy of Tammany Hall, the “all powerful, invisible government which is responsible for the maladministration and corruption in public offices of the state.” The statement also contained other refer- erences to Mr, Barnes as ‘‘a boss.” Reoly of Colenel. In his answer to the compiaint Oolonel that the coming clash In the Carpathians will coinclde with a great German ad- vance from the direction of Cracow. Activities In the Dardanelles are taken to presage an Important movement any day now against the Turkish positions on the straits. — Faneral of At ATLANTIC, Ta., April 19.—(Special.)~ The funeral services were held at the Congregational church here yesterday afternoon for the late W. M. Lynch, a resident of this county since 1864 and of this city for thirty-eight yvears, who died at 4:30 Friday afternoon from heart trouble. Deceased was for years in the express and transfer business here and |8ain an advantageous position ! Garros was born of French parents at Capetown, Unlon of South Africa, in 1885 Paris and of the Law university of Paris | and for a time practiced his protession in the French capital. Garros has appeared in aviation meets in El Paso, Mexico City, Vera Cruz. Havana, New York and many other cities in this country. Among the aviation records broken by | Garros were his filght. made on December 11, 1912, when he ascended to a height of | 022 feet and established a world's alti- | tude mark; his flight from Tunis to Siclly in December, 1912, when he trav- eled 160 miles entirely over water, and his flight across the Mediterranean, fifty- eight miles, from St. Rapthael to Bizerta | was known to everyone as “Mac" Lynch He was 68 years old and he leaves his |widow and one daughter, Mrs. Zella | Burke. Water Available For Treating Land WASHINGTON, April 19.—(8pecial Tel- egram.)—Pending the completion of the low line canal and lateral system, North Platte project, Nebraska and Wyoming, the secretary of the interior has an- nounced that water is avalible and may b furnished during the season of 1915, The charge for this water. until further notice, will be 40 cents per acre foot, measured at the land. Payment will be due on March 1 of the year following the irrigation season in which the water s turnished General Villa is Reorganizing Army WASHINGTON, D. €, April 19.—Gen- eral Viila retreated yesterday from Ira- puato to Aguas Callentes with fourteen troop trains, according to officlal dis- patches today to the State department. Villa announced, the reports say, that he would reorganize nis forces of Agus Callentes for another attack upon Gen- eral Obregon in the vieinity of Celaya. His losses iu the recent assault on Celaya are estimated officially at 6,000 men. Obregon's losses are unknown. He s a graduate of the University of | */SLAYS CAPTURE 70,00 MEN ./ sians Take Principal Chain of the Carpathians and Hordes of Prisoners. } |FOES' RESISTANCE DESPERATE LONDON, April 19.—The situa- ‘llnn in the Carpathians, regarding iwhlch there was a dearth of news of | 1ate, is reviewed in a brief summary | jssued by the Russian war office, Emerncing the period from early in :Mnrch up to the present. | As set forth in this review, the | principal chain of the Carpathians, comprising a front of about seventy- | five miles, has fallen imto Russian hands since their offeasive began on | March 19. Lose Seventy Thousand Men, Up to April 12, the Teutonic forces lined up between Lupokow and Us- sok passes, suffered enormous cas- ualties, losing in prisoners alone 70,000 officers and men, it is de- clared. The resistance of the Teutonic al- | lies is described as most desperate and along the line from Bartfeld to Uszsok pass the Austro-German forces were estimated at 300,000 men. Rostoki, which lies about twenty- five miles to the northwest of Uzsok pass, hag in the last few days been the objective of the Russian troops, but against an advance in this di- rection, the Austrians have been de- livering attacks in great strength. Repulse Attacks. They have, according to the re- | port, “Viciously repulsed” Russian attacks near Telepotch and have capeured nearly 1,600 prisoners. It is reported from Rome that Italy and Austria have failed to come to an agréement regarding territorial conces- slons to Italy for its continued neu- trality. 11l Health Leads to Sulclde. SHENANDOAH, . April 19.—(Special Telegram.)—Because of fll health, Barl King committed suicide by shooting him- self this morning near his home at Nor- wich. He was 22 years old. Roosevelt denied that by giving out the statement he did that Mr. Barnes was damaged to the extent of $0,00, or any other sum, He says further that his motive in say- ing the things he did say was “in an endeavor as a citizen to advance the cause of good, honest and efficlent gov- ernment in this state . without any malige expressed or dmplied toward either the plaintiff or any other person.” Mayor Robertsis Ay o . in Penitentiary g LEAVENWORTH, Kan., April 18.—The special car carrying Mayor Donn M. Rob. erts and fourteen others convioted in the Terre Haute olection conspiracy case ar- rived at the United States penitentiary at 10:3 o'clock this morning. The trip to prison began at Indlanapolls at 1:50 o'clock yesterday afternoon. (When the . Missaurl Pacific Colorado fller, to which the coach containing the Terre Haute party was attached, ap- proached the .prison the latter car was cut off and pushed through the big iron @ate into the prison yard. The convicted nien shook hands with the guards who had made the trip with them and walked to the office of the captain of the day watch. The men appeared cheerful. When their valuabies had been taken from them the men were taken to the office of the prison physician, where each submitted to a physical examination. After the “photograping and dressing in' process had been completed, Mayor Roberts and his associates entered the dining room, where, with 1,308 other prisoners they par- took of thelr first meal in prison. Warden Morgan sald it had not been determined what tasks would be assigned the men. The prison already is over- crowded and for several months it has been necessary to care for new prisoners in barracks and dormitories, Bennett Signs Watson For the Hastings Reds HASTINGS, Neb, April 19.—(Special Telegram.)—Manager Bennett today signed “Ri) Watson of the St. Joseph Drummers for the Hastings Reds. Wat- son was three years with St. Joseph and refusing to take & cut in salary was given his release through negotiation with the Hastings management. Before going to the Western he was the State league's premier keystone sacker. President Miles expects to.submit the tentative schedule of the State league for the managers' approval mext Wednes- day or Thursday. The opening has been fixed for May W Fabre Wins Boston Marathon Road Race BOSTON, April 19.—Edouard Fabre of the Richmond Athletic club of Montreal, & conténder in several previous contests, won the nineteenth Marathon of the Bos- ton Athletic assoclation today. ' His time was 2 hours, 8 minutes and 41 1-§ pec- onds, against the record of 3 hours, 2 minutes, 18 15 seconds, made by M. J. Ryan of New York in 13 Clifton J. Horne was second, Skiney H. Hatch of the Tilinols Athletic club, Chicago, third, and Hugh Homouan of the New York Athletic club, who set the pace for twen- ty-two miles, fourth. HORLICK’S The ‘ent vor » quick vith a Bee Want Ad. | JyOU mm{ ‘| halr a The Store for Shirtwaists (Original) Always new blouses, constantly showing the latest fashions— THOMPSON, BELDEN & COMPANY - An April Sale of Dress Cottons Unriva e for Values and Beauty of Fabric : $1.00 French Cas- Ca-Duse 50c¢ Brand new—a value made possible by unforeseen conditions. ‘There can be ; no more beautiful fabric this season at any price and best of all, are the New Paris colors. A spacious section set apart for this charming showing. Children's Middy Blouses and Dresses Children’s Middy Blouses in plain white, also white trimmed with navy bloe, and white with red neck laces, sizes 6, 8, 10 years, $1.26. for Spring Children’s White and Colored Dresses, plain gingham, percales, dim- ities, Swiss, voiles and lawns, sizes 6 to 10 yrs., in a great variety of moderate prices. Children's Section— Third Floor. Positively Cures... 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Alvis & Willlams, Paul :xm.u a Beauty Chorus—and Bert Baker r 08 the Stage; the Johm Bun Home of Paramount Pictures 'OCTAVIA HANDWOR TH “Fhe Path Forbiaden” ] \