Omaha Daily Bee Newspaper, May 26, 1915, Page 1

e The sure to satisfy your wants is through -1se | of the want ad pages of The Bee. Try a Bee want ad. way VoL XLIV—-NO. 203 HIGHEST GOURT [ NEW YORK RULES BECKER NUST DIE Appeals Tribunal Upholds Second Conviction of Ex-Police Lieu- tenant for Murder of Rosenthal. | JUST TWO WAYS TO ESCAPE Can Beat Death Chair Only by Ob-! taining Mercy from Whitman or Supreme Bench Action EXECUTION DATE RESET TODAY ALBANY, N. ¥ Mav 25 The second eanviction of former Police Lieutenant | Charles Becker for instigating the mur der of Herman Rosenthal, the New York gambler, was upheld today by the court of appeals. Becker now muet dis un he can obtain clemency from Governor Whitman, who as district attorney of New York, prosecuted him, or the United | States supreme cours interfercs with | habeas corpus writ or otherwise | The chief judge, Willard Bartlett, wrote the prevailing opinfon and Judges | Hiscock, Chase, Collin, Cuddeback and | Cardozo concurred Judge Tlogan dis ( sented. Judge Samuel 8. Eabury, who is | a supreme court justice, presided at Becker's trlal, but did not sit on the case in the higher court Second Judgment Stands. Judge Bartlett held that although the first judgment of death against the de- fendant was reversed because he did not have a fair trial, the second judgment “is not assaflable on that ground.” “Extensive as ls the power of review vested In this court on a judgment of death, the law does not intend to sub- stitute the conclusions of fact which may be drawn by seven judges for the con- clusions of fact which have been drawn from the evidence by twelve jurors, un- less we are clear that the view of the facts taken by the jury is wrong. It is our duty to affirm if the trial was fair and without legal error and the verdict was not against the welght of justice. | We are to see to it that the trial was| fair and that there was sufficlent evi- dence with recognized rules of law to support the verdict; this done, the re- sponsibility for the result rests with the jurors. Guiding our action by these es tablished principles of criminal procedure | in capital cases we do mot feet justified | in interfering with the verdict.” Date Will Be Reset Soon. The date for the execution will he re- set soon, probably tomorrow. It usually| is dated about five weeks from the time a decision {s rendered, 8o it is likely that June=Mer July 3 will be choseu. Lieutenant Governor Schoeneck will act as governor between tomorrow and June 11, but there 18 no lkelthood of his exer- cifing executive clemency during that per- 10d, especially in this case. The opinfon sald that the testimony of | “Bridgle” Webber and “Bald Jack" Rose regarding the so-called “Harlem confer- ence” at which the murder of Rosenthal | was said to have been planned was true, | and that it was corroborated on the sec- | ond trial by James Marshall, a negro. The testimony of Deputy Police Com- missloner George A. Dougherty an | broken hip. THE OMAHA DAILY BE OMAHA, WEDNESDA Y MORNING, MAY 1915 FOURTEEN PAGES SIXTY-8IX LUSITANIA VICTIMS in one grave, with cof fins piled one above the other. service, (C—— —] Picture shows the funeral TWISTER KILLS ONE | AND RUINS HOMES Garden County, Where Consid- erable Damage is Done. SOME LIVE STOCK IS KILLED According to Tuesday reports the Union Pacific and Burlington railroad headquarters, a tornado of considerable severity passed over portions of Scott’s Bluff, Morrill and Garden counties, in the west part of ithe state, Monday afternoon. Reports indicate that three miles north of Oshkosh, in Garden county, Farmer Blalr was killed when his house was wrecked by the storm. From Bridgeport, Mra, Groves, wife of one of the ditch riders, sustained a A number of other parties who resided in the path of the storm that ranged from a fAw rods to half a mile in width were injured, most of them slightly. Raliroad telegraph wires into the storm stricken area are working badly and it has been impossible to secure any con- nected report of the damage wrought or the full extent of the storm. The early Charles B. Plitt, commonly known as “Becker's press agent,” also was held to be true. Unecle Joe Cannon , Back from Hawaii! SAN FRANCISCO, Cal., May gressman Joseph G. Cannon of Tlinois | an Atwelve colleagues arrived here today from Honolulu. Mr. Cannon said he hod not read the government's not to Ger- many about the Lusitania. “But" he added, “thcre are too many | notes and no action.” Party lines, those arrivin gtoday sald, | remained unbroken on the question of free sugar. Most of the contingent said | they favored additional fortifications on the islands. Twenty-nine members of the congres. | slonal party of 140 persons which left | several weeks ago for a tour of the is- | Jands returned today. | - The Weather i Forecast till 7 p. m. Wednesday ! For Omaha, Council Bluffs and Vicinity | ~Unsettled, with showers; not change in temperature. Omaha Yesterday. Hours Deg. | much Temperature nat a. m | 6a m m m m m m 61l m m m m ! m 8 | m s m %0 Comparative Loeal Record. 1915, 1914. 1913. 1912 Highest yesterday 8 93 1 8 Lcwest yesterday @0 6 60 @9 Mean temperature sl & 12 Precipitation el ¥ R R Temperature and precipitation depar from the normal al temperature = Excess the day Total cess since March 1 Normal precipitation Excess for the day 1 Total rainfall since March 1. .. Deficiency since March 1 Deficiency for cor. period, 1914 2 v Excess for cor. perlod, 191 ¢ inches Reports from Stativns at 7 P. M. Station and State NGk nae of Weather 7 ; pan heyenne, rain ' ; Davenport, part cloudy.. s % Denver ly Y- Des Moines, cloud 50 North Platfe, cloud y i north side reports indicate that the storm was in the nature of a twister in some localities and a severe stralght wind in others. Wind Follows. The wind followed a rain that had con- tinued most of the afternoon. Apparently it started a couple of miles north of Bridgeport and moved southeast on the of the Platte river and mox of the way. through a rather sparsely set tled country. of Minature, north of the town a num- ber of farm houses and barns were de- stroyed, and from there, nothing seems to have been heard of it until it reached & point three miles north of Oskosh, the county seat of Garden county. At that point the storm had taken on the char- acteristics of a tornado and was moving southeast with great rapidily. In the neighborhood lived Blair, the man re- ported killed. In the country north of Oskosh reports indicate that several houses and a large number of barns were destroyed. Crops |Bllava Is sald to have asked Raddatz, | when the former came to the son-in-law's | were damaged and considerable live stock killed After leaving the s stion of country in the vicinity of Oskosh the storm appar- | ently passed into the sandhills of M Pherson county, where all trace of it was | lost. Blair's Body Carried Half Mile, OSHKOSH, Neb., May (Special Tel- egram.)—A tornado struc about three miles north of Oshkosh last night, «illing one man, J Blalr, @ carpenter w lived alone. The storm appearcd f fome nine miles northwest of town and destroyed eral miles of fences and barns on the farms of H. Kaschke, W ! lam Elwood, Martin Madden and di other damage It killed a cow for Mas den and took a horn off each of two . others. Everything on the Blair placs was col etely destroyed Blair's dog woke up neighbors mile away, who went over and found the buildings g and no trace of Blalr. More of the neig bors were called and after a search for some time they found the body Iying in a pasture over half a mile enst. cvery bone in "ls body was broken and the body was horribly mangled. Hog and plgs were found with splinters driven through their bodles, and feathers were taken off chickens. The house was t 1 r within thirty feet and the cb T driven into the ground Blair was a w wer about 6 years old and lived al He has adopted daughter Maxwell, living in Antelope. The came without warr ( and in an instant to have dis peared three miles northeast of Osh h mers say hal or lce n by ten inches in slze el A hot wind \ e ® It is fmpos to est he dama t nt Damage in Dodge, to| Coming down in the vicinity | | Reaches Proportions of a Tornado in | Hamiin of the federal reserve board, the realizes today that the prosperity of the people of «ne nation in the long run tends to the prosperity of other nations, while the adversity of one people must ultimately tend to the adversity of oth- ers, Just as the individual prospers best when his couniry prospers, so the nation prospers best out of the proe- perity of all nations.” Mr. Hamlin sald he would leave to others a dctailed explanation of how the financial rescurces of the United State have been strengthened by the federal reserve act, but he ventured the predic- tlon that the banking system of the na- banks to accept bills of exchange grow- ing out of the import and export trade and thelr disogunt at. federal reserve banks. o By this grant of power the so-called | donar aceeptanco 1y made for the first |time poksible,” he sald, “and this means trade. especially with the great of Central and South America. It add much to our ability to assist them in financing their sales to and purchases [ trom the Unitea States. WAR DIFFERENCES ALMOST COST LIFE Frank Raddatz Shot by Father-in- Law, Who is Illustrating Su- periority of German Drills, GUN WAS THOUGHT TO BE EMPTY Differences of sympathy and opin- fon concerning the European war, expressed by himself and his father- in-law during an argument, almost cost Frank Raddatz of Snyder, Neb., his life. He is now at St. Joseph hospital with five holes in his in- testines from a bullet fired acci- dentally by the father-in-law, John Bilava. “Which side of the war are you on?" farm near Snyder and started to talk of |the war. | was hombarded with asphyxlating shells. Wishes Russlans to Wi | The gas cloud rose in places forty feet I hope the Russians will win,” Rad- |high from the ground {datz replied, whereupon the older man | ‘‘Fortions of the line remained Intact upbralded Raddatz for holding such a throughout the ordeal, and our men hope The Germans are the best sol @ demonstrated that, with due pre laters. 1 was in the kaiser's army on cautions, this form of attack can be met myself. how good 1 can drill yet." |and defeated. The old man seized a Mauser rifle Frenc Make Galns. standing near by and » ldering it PARIS, May 2%.—-The official communi marched around to show off his miiftary |cation issued by the war office tonight skill. Then he ralsed it to simulate fir- |announces that important progress has ing, pointed it tow Raddatz and pulled |been made by the allies to the north of the trieg not knowing that the gun |Arras and that one of he large German wa oaded. A bullet pl ed the left [renches in the neighborhood of Souche side of the son-in-law’'s abdomen, making | for the posscssion of which, fighting has 18 wound {been going on for more than two weeks ¥ atz was rushed to Omaha by his |has been captured wife and the family physician. Drs. | Allsc and Dern P ated at S 2 the bullet, after finding five holes in the WITH ENTENTE POWERS intestine Now Raddats has a good | ¢ — o of Tecover U_'NN' May 2.—A dispatch to the | more war talk for me, he says. Deily Chronicle from Bucharest says. Michigfiajn—s-olons Ask Frank's Life Be Spared LANSING h., May % of the last of the Michigar slature, which a ed 1y, was adoption T tion reing the vernor of Frank to l M imprisonment entence GAS CLOUD 40 FEET HIGH ROUTS BRITISH Miles, Cylinders Turning it Out Four and Half Hours. FRENCH TAKE GERMAN TRENCH LONDON, May 2 A report re- French, under date of May 25, says: Ypres, which were lost during the enemy's gas attack, have not yet been recovered. The amount | of gas used was greater than on any previous occasion—over a front of five miles. | Gas Cloud Forty t High. “The gas was emitted from cylinders | throughout a perfod of four and a half |hours, and at the same time our line | "“The Roumanian government | is nego. tiating with the allfes. King Ferdinand {has reviewed the army and great en | thusiasm prevatis,* Omaha is strong not only in its public schools butalso in its parochial schools. There | o A are ten parochial the tnitea | schools and seven inter- oo gunel vost || mediate parochial schools be returne hCl’C. ne WASHINGTON, May #%.—Governor tion through that act will become * of the strongest systems in the world.' | first speaker at today's general session | Reviewing the history of financial leg- | of the Pan-American financlal confer- |islation which followed the panic of 1907 | ence, told the dclegates that the United |and sketching the operations of the re- States never before was In the position |serve act, he added it occupied today vo extend its trade by [ “I think that growing out of this new Kranting edit to those nations which | banking act the time has come for a | wish to be its customers, | marvelous development In our forelgn This conference was declared by the |trade, especially with South America, and | governor to be an event of deep sl |that an opportunity is given to finance nificance to the whole civilized world. | that trade such as has never been pos “I believe,” suld he, “that the world [smble before. | Governor Hamlin pointed out that the | federal reserve law “authorizes national | much for the future development of our | nations | will ceived from Field Marshal Sir John| “Some portions of our line east of | yesterday | United States is Pr;epare;ldto Extend | Credit to South Amcrican Neighbors IAPAN AND CHINA SIGN TWO TREATIES Act Closes Negotiations Regarding Status of Shantung, Manchuria and Mongolia | CALL MINISTER KATO TRAITOR WASHINGTON, May Toklo dispatches to the Japanese embassy | say that at 3 p. m., May 2 two treaties covering the negotiations concerning the Shantung peninsula and Manchuria and Mongolla were signed and exchanged between Japan and China, with a note concerning other questions. the contents of the note is contained in the dispatches. Under the terms of the new treaty im- portant concessions are granted by China to Japan. These concessions were made as a result of negotiations extending over several months following the pre one demand On May 7 Japan sent an ultimatum to China, at the same time walving temporarily some of the impor tant demands. comply with the terms of the ultimatum. The concessions granted to Japan have to do largely with industrial operations in China, particularly in regard to rail- roads and mines. China also engages not to cedo or lease to any third power terri- tory in specified d'stricts. Japan is to receive special privileges nner Mon- golia Near Riot 1 in Japanese Ho TOKIO, May 2.—While Foreign Min- Ister Kato was explaining the Chinese situation In the House of Representatives today, & member of the oppisition arose and called the foreign minister a traitor. Baburo 8himada, president of the house, ordered the member to apologize. The member did, but his act was followed fmmediately by a violent combined at- tack of the opposition on President Shi- made on the charge of having exceeded his powers. The incident finally was re- ferred to a committee Private advices that anti-Japanese agi- tation is spreading through South China have caused uneasiness here. There are fears of rioting at Hankow President Isgues Neutra}ity Order .. WASHINGTON, May A neutrality | proclamation by the United States cover. ing the ntry of Italy in the European war ) today by the Btate tment under date of May 2% proclamation cautions American | citizens that “the laws and treaties of the United States without interfering with the free expression of opinion or sympathy, or with the commercial manu facture or sale of arms munitions of war, nevertheless imposed upon all per- sons who may be within their territory ans Jurisdiction the duty of impartial neutralit during the existence of the | contest | The language of the proclamation is |identical with the other neutrality proclamations issued during the present war }Packers Withdraw ‘ RequestsfiThey Made WASHINGTON, March %.—After con- ferences with British embassy officlals late today tie packers withdrew their request for representations by the Amer lean government pending the outcome of further negotiations with the embassy A number of American mea packers {had heen in confercnce at the | partment 4 the day with the ob. ject of obtaining t partment's aid |in expediting prize proceedings in England. Secretary id he un derstood prize oo ecarings ‘in th hearings i ) f four meat ahi had been rejeated stponed partment prom s to ind No intimation of| sentation by Japan of a list of twenty- | China at once agreed to | Invren THE WEATHEE Showers On Trains and at Hotel News Stands, So BALFOUR NEW SEA "LORD: KITCHENER IS STILL ON THE JoB {Lloyd George Made Minister of Munitions and Churchill Be- comes Chancellor of Duchy | of Lancaster, | ASQUITH AND GREY HOLD POSTS King George Gives His Approval to the Coalition Govern- ment. | EXCHEQUER PLACE T0 M'KENNA | LONDON, May Lord Kiteh- ener retalns the post of secretary of the coalition cabinet, war in new | which has received the approval of King George. The new first lord of the admiralty will be Arthur J. Bal- four. Winston Spencer Churchill, former head of the admiralty, is given the portfolio of chancellor of the duchy of Lancaster. Herbert H. Asquith retains the premiership and Sir Edward Grey the ministry of foreign affairs. David Lloyd George, chancellor of the ex- choquer in the old cabinet, will be . minister of munitions {n the new one, The New Cabinet. The constitution of new cabinet Prime minister and first lord of the treasury, Mr. Asquith SINGLE COPY TWO CENTS. AUSTRIANS AND ITALIANS MEET ONLAND AND SEA Active Military and Naval Opera- tions Between Former Members aof the Triple Alliance Are in Progress. TEUTON MOVE ON EAST CHECKED Wedge Driven Into Russian Center on the River San is Forced Backward, GERMANS USE GASES IN FRANCE RULLETIY ROME, May 25.—(Via Paris.) The Italian ministry of marine has given out an announcement, which | reads “A steamer arriving at Barietta reports that while passing near the Promontory of Gargano at midnight last night it sighted an Austrian war- ship with a heavy list. It was es- corted by four torpedo boats. “This probably is the warship which was driven off from Barletta after having fired several shots. LONDON, May 26.—Active mili- tary and naval operations are now under way between Austria-Hungary Minister without portfollo, Tord- | Lansdowne. Lord high chancellor, Sir Stanley O { Buckmaster | Lord president of the council, Lord Crewe. Lord privy seal, Lo Curzon of [ Kedleston Chancellor of th eexchequer, Regi- | nald McKenna 1 B etary of state for home affairs, | sir John A. Stmon | Secretary of state for forelgn af. | fairs, Sir Bdward rGey Secretary for the colonies, Andrew Bonar Law. | Secretary for India, J. Austen Cham | berlain Secretary of state for war, Lord | Kitchener. | Minister of munitions, David Lloyd | George #t lord of the admiralty, Arthur J. Balfour. President of the board of trade, Walter Runciman. | President of the local government | board, Walter Hume Lons. Chancellor of the duchy of Lan- caster, Winston Spencer Chirchill. Chief hecretary for Ireland, Auguk- tine Birrell. Secretary for Scotland, Thomas Me- Kinnon Wood President of the board of agriculture, Lord Belborne. | First commissioner of works, Lewls Harcourt President of theb oard of education, Arthur Henderson i Attorney general, 8ir Edward Carson Attorney general, 8ir Edward Carson. { Police Chiefs and Sheriffs in Council | . CINCINNATI, May 25.—Active contests | were in progress for next year's conven- {tion and several men were mentioned as | candidates for president when the an- nual convention of the International As- | soctation of Chiefs of Police was opened ifor a four days' seasion here today. | The International Sheriffs' assoolation |and the International Assoclation of Rall- | way Special Agents met in joint session | with the chiefs of polfce. { In a preliminary meeting the board of | governors of the international bureau of |fdentification elected the following offi- | cera: President, Joseph Quigley, chief of I polico of Rochester, N. Y.; vica president, Michael Regan, chief of police of Buf- |talo; general superintendent and secre- tary and treasurer, E. Van Buskirk of | Washington The Day’s War News ITALY HAS INVADED AUSTRIA. Official announcement was made | by the war office at Rome teday that Itallan cen had penetrated Austri territory along a line running about forty miles north from the Gulf of Trieste, capturing four tow within two or three miles of the frontier. AN LIAN DESTROYER ralded the Austrinn port of Buso, near the frontier, destroying the road station and barack ere killed, the firs officially reported in the ampaign. FIGHTING fs the wes in progress rn end of Brit- German and French forces are acks at various points hetween Arras and the coast. There is at yet no sign, however, of a weneral assault by the alllen such | as has heen predicted. DISPATCHES FROM ATHENS reit. e the report that the Turkish attack on Gallip penina made with the plck of the Otto. man army, was a fallure. ONF OF THE AUSTRIAN WARSHIPS which (0ok part In yesterday's at- tack on (he east const of Italy s helleved in Rome to have been in. Jured. EIGHT ATTACKS were made by the | Germans yesterday botween 4 n . northern connt. ment France, and The the Be French officlal of ay asserts a attacks were repulsed. GOVERNMENT ha Germany n protest sinking of the Lu Jted im 63 sublects. the tania, which re- death of several of andings, | Two | and Italy, but land forces of any great strength have not as yet come into contact. Air and naval raids of a minor character form the sum total of the first twenty-four hours of warfare between the former allles in the triple alllance. It is generally understood that Ttaly has arrived at an agreement with its new allies under the terms of which it will sign the existing treaty not to conclude a separate peace. On the castern frontler, the signs of a check to what at one time seemed an overwhelming Austre-German offensive movement, ate becoming more and more apparent. The flying wedge, which was driven Into the Russian center along the 8an river, has been compelled to give ground by the energetic counter attacks of the KRusslans, In the west General French reports that the termans by the use of asphyxiating gases, succeeded in peno- trating the British lin at two points, but he claims that some of the trenches lost as & result of thess tactics were regained In the subsequent fighting. The ocontest still raging. Domestio politics continue to abserb atténtion in England, but there I+ delay in attaining definite results and the membership of the new cabinet has not yet been announced. This delay, ac- cording to the Manchester Guardian, a ministerialist organ, fs dus to the in- #lstence by the unionists on eight places io the cabinet as representing their numerical strength in the House of Com- mona. A clean sweep Is looked for in the ad- miralty, where it is oxpected that Baron Fisher, as well as Winston Spencer Churchill, will go. French Official Report, PARIS, May 2.-The French War office this afternoon gave out a report on the progress of hostilities, which reads: “It was a night of considerable uctivity between the sea and Arras. In Belgium, following a violent bombardment, a Ger- man attacking column endeavored tu gain a footing on the highway between Langemarck and Ypres. It was definitely checked. ““The Germans delivered attacks yester- day to the north of Ablain. In each case they were repulsed. To the morth of Neuville they delivered four attacks, each of which was checked by the fire of our artillery. “In these various agsressive endeavors, all of which resulted in complete failure, the enemy suffered heavy losses. “Nothing has been reported from the remainder of the front.” Consternation in Constantineple ATHENS, May %.—(Via London.)—Ad- vices reaching here from Constantinople | by mail describe the arrival In the Turk- ieh capital of thousands of wounded from the Dardanelles, where the first Turkish army corps, composed of the (Continued on Page Two, Column Two.) | _THE wANT-AD. wAY | But when it comes to wonders i _In & Twentieth ceutury day, ‘Youh ot to take your hat off To the Modern Want Ad way. When you want help for the home, factory, office or store— when you want to rent a furnished room or apartment—when v want to fin a lost article—or other various wants—you wil results quickly if you telerh Tyler 1000 and PUT IT IN THE OMAMA HER