Lincoln Journal Star from Lincoln, Nebraska • 1

BAIL? I i x. TWENTY-SIXTH- YEAH LINCOLN, NEBRASKA, TUESDAY, NOVEMBER 5, 1907. A PRICE TWO -CENTS, MR. TAFT HIS TRAVELS. ex vnits in tkii; of-npioaici: RETAILED ON SEOIIT' WEIGHTS Packers Comply With' Pure Food Law by Stamping Combined Weight or PaclWe and Contents, MURDER RESULTS FROM KNIFE WOUND i Havelock Man Dies; From Cut in the Abdomen at Hands of Pat Hayes, MoMalces Goo 5 Ifr.Tafl, sMaratMtoiaf yws tmmg igtia? ar snog Ym mi bV ajr XIN.COLR VENING ally separated, Nicholson staggered at 11 1-1 cents per pound.

eight ordinary tin utenstla weighting eight pounds, or which the meat seller has llttl or no use, are charged up to him the same as though he were getting taxd for the money. It has been claimed all along by Food Commissioner Johnson that the failure to brand package goods permitted the packer to short weight dealers who bought their products. He thinks this case plainly reveals a short weight trick which has been heretofore practiced on retailers and the public. The food commissioner's office, however, has no authority to deal with an overcharge. asthe dealer was Informed.

His redress would probably lie ln refusing to pay for a greater quantity of lard than was actually delivered to him. 1 In that case the packing firm could sue and the matter would then be presented to the courts. dealer Intimated In a telephone conversation with Food Commissioner Jehnson that It might become necessary for all meat market proprietors to unite and refuse payment for anything In excess of the net weight on goods bought from packers. It is possible that steps will be taken to secure cooperation In thia regard among all the dealers in Lincoln. After a lengthy campaign to compel the branding of hams, bacon, lard and Other packing house products In wrapper! or can with the net7 Weight of their content.

Pood and Dairy Commissioner Johnson has succeeded in lsyln bare the whole inwardness lo packers, reluctance to comply, with this feature of the Nebraska pure food Some of the packers have lately started the practice of affixing the net stamp, as the law saya'they-i must do. but In disposing of the goods io retailers they" Insist on charging for the fun weight of both contents and package, all figured at the of the meat. In an instance reported" to the food commissioner this, forenoon by a Lincoln meat market proprietor, a bill received by the latter accompanying a shipment of lard is said to contain-' an overcharge of tZ cents through counting In the weight of two-large can. The cans were -of the" same size -as have heretofore sold on the for fifty pounds of lard, when Each of them was correctly marked 'with the net weight of the lard actually-contained' the amount being 49 pounds. The bill, however.

charged up eac can for fifty pounds' of lard werjwardyotawethyprertilvw Ym an osjt Um of a Ed Nkholaon. a bricklayer, died ear' ly today In Havelock from; kulft wounds received in a fight two weeks ago la the shop town with Pat Hayes, an Irish meat cutter, a newcomer In the village. Hayes baa The altercation occurred between I and 10 o'clock Saturday, Tght October 2 and was preceded by an animated discussion in the-, aaiooa of W.M. Ladd. The knife was Insert sd several tlmea, one blow ripping, the abdomen and causing th inteaUne to protrude.

It was thl wound that proved fatal, the victim dying at 8 m. today from xhanstion. Nicholson, Hayes and score, ef others were talking- and drinking1. In the Ladd saloon on the night of the fight Hayes was Joshing hereon, a farmer living north ef Havelock. who.

It la claimed, was Intoxicated. The farmer waa a friend of' Nicholson and the bricklayer "took offense at Hayes' talk. "Well maybe; you don't 'l Hayes la said to hay retorted hotly, when Nicholson threatened to V. "I don't," replied th hrtoklayen "You can take It up If you want to," aid Hay. "I will If you say the "Come outside, then." shouted, Hayes and' the men out of, the plact.

The fight waa on. No on wlU say who truck th first blow. It all happened suddenly, and before spectators couI interfere Nicholson had. hia opponent 6h his back. and.

wait pounding htm fiercely with hW lists. sJ Conflicting atorlea are to)d Of tho. fight, hut the one that Is given I most credence by Marshal Hutchinson of Hayalock, (U that Hayea itAbbed Nicholson' while the 'latter had hlra on the ground, and wa' making an effort to chok him. 'K-- i At any rate when th' men war fin- EXPRESS MESSENGER FAUST RETURNS TO TESTIFY ana fell into the am of hi rescuers, while Hayea made good his escape In the confusion that followed. A posse waa formed and an effort was made to apprehend- him, but he had a good, tart and could not be located.

Nicholson was removed to the office of a physician and remained on the' operating table for some -time. He was revtved finally and taken to his home. Aside from the wound In the abdomen hht injuries did not appear 4o be serious. He appeared to be recovering un- til yesterday when he suddenly collapsed, and died later from exhaustion. Since th fight-Hayes has not been seen: In fact no trace has been found, of the fugitive, though Marshal Hutch-' lason and the police of Lincoln have' beeh making au earnest endeavor to apprehend the meat cutter.

He waa a stranger in Havelock. having! come to that place a little let than a month ago from South Dakota. Ha was known as a quiet, itnaaauntlnT fallow, who usually minded his own business, and possessed a good disposition. He waa addicted to the use of Intoxicants, "though during his brief stay in Havelock he managed to keep out of. trouble until the night of the light.

M' Hayes is of Irish' descent, between twenty-five and thirty years, old. and has hair. He i about five feet six inches tall, has a. wide mouth, prominent Jaw and la generally. smooth shaven.

On the night of the fight he wore a pair of blue overalls, a belt, a dark coat with a pale a black sloucluhat and a dark' brown Jers9y. 1 Nicholson, his victim, was thirty-one years of age, and a married man. Ho Is survived by a wife and two children while Hayes, so far as is known, la a single man. He had lived in Havelock to severer years, and i was an Industrious and hard working man. Funeral-services will be conducted from th residence at I p.

Thursday; Inter- ment In Wyuka. 1 Sheriff Resa went to Havelock thl afternoon to investigate themurder of -Nicholson by Pat Hayea and to secure a picture and -description of the fugitive that' he might aend them out and" aid In his apprehension by the authorities. The sheriff said that he vouldx. ask the county commissioners to offer a reward for the arrest of Hnyss. y- ty's.

support for senator Hubbard was among the speakers at a Third ward meeting. This meeting was held in the. street in front of a negro saloon, gambling house, bawdy, house and hop Joint there run by "Victor Walker, another negro politician, and'. was con- ducted by Tom Dennison, king of gambler and Third ward political boss. 1 tn his address' to the voters Hubbard) Insisted that Mr.

tn his finely furnished law offices, did not know any of the colored voter, and dwelt at some length upon hia kid-gloved tendencies. Then he drew a contrasting picture of Mr! Rose water. i'Everybody knows," said lie, "dat Mistah Rosewatah made Mayoli Moores, and Mayoh Moores made Tout Dennison. You clllud people down In dla wahd nebcr tnjoyed so many liler-ttes as you've had from Mayoh Moore and Tom Dennison. Et seems to me ea ef It is simply a question whether you vote for-MlHtah Roaewatahand deins arid keep them liberties, or for Mistah Webstah an' out and lose' em." It Is needless to say that the "ins prevailed largely In that ward In th primaries and that It cast its strength Sretty unanimously for a Rosewater etegatlon.

1 Hubbard had a white wife, and wa VerJ- devoted to her. c-f A His health broke down this summer and he was sent to Lincoln about two months ago. the om. um Wtrkht. wot, it ths SAYS STATUTE Armeit with the urn (Ult 'that TX ini, UahvrnaFlAV Arthur Faust, the express messenger who discharged- the weapon, jrwung lignuy ott train no.

today, ana wui appear before the coroner's Inquest tomorrow to tell his story. "Hd you heard that you are blamed for Kling's death?" was- asked. "You know as much about it as be replied. "What explanation have you got to fferr "I have nothing to 1 "Don't you know It's up to yo to solve the mystery?" "Nothing to say row. I'll- tell my tory to the coroner." "Did you discharge that gun you are you discharge that gun you are ig Just before your train pulled tday nightr 'I Id." 8, whaf were the 'clrcum- carrying out Friday "I "WeB, stances?" But he had: tone, i -x i Coroner Graham was much impressed with the story told by Morgan, depot agent for -the' Adams' Express" company he anticipates the clearing up of the niytwy tuinmtuir when Faust: Is placed on the standi The Impression authorities how bare that- Kllng was struck by one.

of the balls from shell fired from the gun in the hands--efFausC and that the being dropped to the gi wnd and rolled over on the track hear the station, where he -lay when the north-bound engine passed a few minutes IrtefV.i' Other theories have been advanced, however, though they are being given '4 F0W.P;PGRQ,POUTICIAN DIES IN-INSANE HOSPITAL OF BILLINGSLEY AND GREENE BIG CITIES ABSORB CHIEF INTEREST IN ELECTIONS CUu Hubbard, for many' year a well known negro politician oft Omaha, died at the Insane hospital her yesterday. Fop tHutbapnaao hi living out oft politics, and ''-wag 'accredited with carrying the republican vote of the Third ward of in his pocket but In recent years eemed to have lost control, -J was always 1 said him by hi friends that he could be trusted, and whatever the turns made kv the most crooked campaigns, he could be -relied on to keep the promises that he made at the beginning, to distribute money honestly, and to remain loyal to hi friends during the period covered his- agreement The late Edward Rose water was often heard to commend honesty that characterised Hubbard' ary political deals, and frequently re lated how, upon one occasion. when Mr. Rose water had paid' hlra i. $50.

to secure his support for atlekefr In. the success of which he was very much interested. Hubbard had returned the money with the Information that -the other side had paid him. more And he could not serve two master. Hubbard was something' of a.

rough and ready speaker and how to play upon the sympathies of the crowd he essayed to lead. -During the contention between John L. Webster and Mr. Rose water for 'J3oaglasooun- but little credence. One is that Kllng attempted to get into the express car with the evident intention of committing a robbery And was shot by soma one In the car.

Another theory is thai Kllng was murdered and robbed-. An Omaha man, name Is said to have told a local detective -that from what he had been able to learn bout the case, It was a elear case of murder. Witnesses testified Saturday before the Jury that Kllng had more than 130 on 'his person a few hours prior to the time bis body was on the Burlington track. Lateij the coroner searched through Kling's, clothes and found less than fS in money. -T However, In view of the fact that a shot was really fired by the express messenger it Is more than likely that the other theories will be dropped.

The testimony of the several wit, nesses, Faust, will to disprove the other theories and no fuW ther Investigation will -pomade before the jury hears titer oX.the express County' Attorney 'Tyn-ell and his deputy Matson, were- also with the tneory 'thatT Kllng had 'been accidentally shot, presuma bly by the gun that was-discharged In toe nancis or aust, ana are or tne opinion the, xther "theories are withoa any'- foundation. The Inquest will again be taken up tomorrow at -10 o'clock for the express purpose ot listening to the story of Faust. Tne express messenger, resides at 2170 South Fourteenth street. The body of Kllng was shipped last night to Philadelphia at the request of the mother of the deceased. Induced to make the race for mayor by ing a re-election, on the' other hand Is regaraea as Bryan's Ohio representative.

Salt Lake occupies a prominence never before accorded because the ls-l sue of Mormonlsm is the real point of the contest The American partly Is being arrayed against both the republican and democratic tickets in San Francisco. It is government" -'against political control, the expose of municipal corruption having forced that Issue to the fore. Of the state elections New Jersey ranks first In point of Interest John F. Fort republican, and Frank 8. Kats-enbuca, democrat, are rival candidates for- governor, -having had a red hot campaign, and the people are greatly worked up.

The outcome Is declared to be extremely doubtful. Rhode Island also 1 presents an Interesting fight, Frederick H. Jackson, republican, and James H. Higglns, democrat, being rivals for governor. la badly split with ten tickets In the field.

Maryland and Mississippi, where only the democratlo ticket Is In the (told, and Kentucky will also ohocse governors to full state ticket. In New York state, Pennsylvania Virginia and Nebraska the elections are for Inferior state officials, members of the legislature or congressmen EAST BREATHE EASIER fltlx of money, financial leaders regard today as the happiest holiday ther have known In years. They believe the time has at last been reached where the tide may be counted on the -turn ana tnat from now on conditions should Improve rapidly. Tho trust company of America situation has csased to threaten disaster. Officials of the state banks ha regained their composure and a feeling of confidence is fast returning among, depositors in the state and national banking Institutions generally.

da rice detective, at Durango. It Is declared that the government will try to prove that the killing of Walker was a part of a 'conspiracy against tne government's witnesses In ths land fraud cases, in which indictments were relumed last spring. in RifM nmrmt. POISONING DEEPENS Tragic Developments Result in Stay 1 of Execution in Cast of Herman Billek. CHICAGO, Nov.

5. Herman Bllleck, tho Bohemian, fortune teller, sentenced to hang Friday, will be granted a His execution has been postponed because of new njys-tery in the case. Bllleck was convicted of poisoning five members of the family of Martin Vrzal, a prosperous milk dealer. The evidence discloses that Billek and Mrs. Mary Vrzal, who poisoned herself because of the exposures, were lovers.

Mrs. Emma Niemann, a married daughter of the woman, left home and warned his sisters that Billek was administering arsenic to the family in their food. She was the witness I upun wnunn testimony uiueK was condemned. The fortune teller's defense was a counter accusation that Mrs. Nleman poisoned tho family.

Yesterday Mrs. Niemann's husband, a farmer, gave, a gasp and died suddenly, Blllek's attorneys straightaway directed the attention of Judge Barnes and the stato's attorney to the circumstances. The court decided to grant Billek a bill of exceptions, which will procure a supersedeas and stay from the supreme court. The transcript of the evidence contains pages. The supreme court will require at sixty days to review the documents.

An analysis of the organs of Niemann's body will made to discover the cause of death and Mrs. Niemann will be kept under surveillance If poison is found In Nelmann's Blllek's lawyer will ask for a new trial and his dismissal. Slain by Onrglar In Chicago. CHICAGO, Nov-' i. James W.

Allaway. a wealthy -commission merchant of Los Angeles, was uui iu, iwbv wniie i visiting in the home of his brother, Edward, at. a suburb. Tha i brother was awakened' by the shot I and rushed into the room In time, to see james reel ana rail, the blood spurting from a bullet hole In hi side. The bullet penetrated hi heart Th room gave evidence of a terrific struggle before they finally shot Allaway.

Seven other houses In Austin and 'Oak Park were ransacked during the night A' MORTUARY 'if Funeral services of J. C. Hubbard, the Omaha negro who dld at the Insane hospital yesterday, were held today at p. m. from Roberts' chapel: butial In wyuka.

GREAT SCHEME. Purchaser "But why do you nave the born projecting so far out to tlie left of jropr auto?" Agent "Why don't you see when It toots to the left of a pedevtrlan, he jumps to the right, lund dlrtctly In front ef the ibarhlne, and then yon knock him Leader. For Lincoln and vicinity: "Fair tonight and Wednesday; cooler tonight." iLJ rf j. 1. Tqt vaima Tjainmif oar ronicma oox COVERS so In the names, said women and to file remonstrances with the excise board' objecting to said saloonkeepers allowed licenses to sell mall, Vinous liquors for the years of 1806 and 1907.

xTbe Indictment goes on to charge that the defendants secured $160 from Saloonkeeper Clyde Lenter and $100 from Broderson' A Frohn by threats of bringing', suits against them In th courts' for damages and to appear before the. excise' board and remonstrate against, the' granting of. licenses to sell llquori Mr. Tyrrell contends that! the statute under the information was drawn. Is sufficiently comprehensive to cover the case of tho defendants.

In the motion to quagsh the information- it was declared that' as attorneys, Messrs Bllllngnly Orame had brought suits for their clients in good faith and that It was onwhere charged In the Information that this was not a y-y attack Judges who decide cases in opposition to hi own views." faggest Pay for President. BtftACUSE; N. Nov." 6. Chancellor Day of Syracuse iinlver-slty note his criticisms of Roosevelt and nis defense of the standard Oil, was nominated for president of the United States tqday by Stanley alumnus editor of the Dally Orange, the students' university publication at Syracuse. i THIRD TIME Wtihinjton" County Ditch Cue At tin Comes to the State Supreme Court.

Forth third time the supreme court of Nebraska' will be asked to rule upon the merit of a ease from Washington county, involving a claim of $4,100 damages by, Joseph Gutxchow, due to the construction 'of. a drainage ditch-In the lower court, on first trial, a Jury awarded Gutschow He the supreme court reversed the Judgment and ordered a new trial." A rehearing was asked by the, county, but the court denied It The tase then went -back, was tried a second time, resulted in thv same 'kind of a verdict as before and Is again brought to th supreme court, on appeal by Outschow. Oa feature- of the1 suit is that ths plaintiff claims' damage through the loss of riparian riglits, caused by the straightening of Flnh creek' channel, Which he- say removed the stream of Water some dmtanoe from Its natural course. It' Is onusunl for a litigant trf olaimivaiuable riparian rights except Where the flow of water la used for -irrigation or power. In addition to thl claim Outschow asked 11,600 on account of hia pasture land' being cut In twd by the ditch channel, making it necessary to build a bridge, and $800.

for about -four', acres of land utilised for the right of way. 1 Two opinion were written in th case byijudge Letton when It wag in supreme- court before: In these, he held that the value of special benefits' received' by land bordering on a drainage ditch could not he taken Into account as a-offset to damages. I WANTS TO FIND OUT ABOUT THAT KIND OF MEDICINE County Attorney Tyrrell, morning, filed a brief in the district court in answer to the motion of the 'defendants, L. W. BUUngsley and R.

J. Greene, to quash the Information filed against them charging them Witt1 blackmail and extortion. In the brief the county attorney sets out the Indictment of -the grand jury which charged that the defendants did conspire together to extort money from Clyde Lester, 'Christian Broderson and William Frohn, Frank- J. Richards, John Helser. Jacob Rohrig, O.

M. Quick. Nick Helser, Sol Ksensky, A. L. Hoover, Peter.

Pommer, Jacob Klamm, Julius Reusch, A. H. Koop, G. J. Jug-genheimer and Levi D.

Munson. All these men. were engaged In the saloon business at the time and the defendants were attorneys for various women, towlt: Bessie League, Llzzlo Yeck, Mrs. Harris and Prlscilla No-man and dl either start cases for them In the district court or threaten to do DAY FIRES VOLLEY AT PRESIDENT Syrcm Unirenily Chancellor Pats Blame for Financial DUtnrb ance on RooserelL NEW TORK, Nov, I. The blame for the late financial flurry was laid on Roosevelt and the gratuitous criticism was passed today on the executive that he has accomplished no reform and punished nobody by Chancellor James R.

Day, of Syracuse university who is in the city today. Asked td what extent he associated the financial flurry with the national admin 1st rut Ion's attitude towards certain great corporations, he said: "On of the most serious things, so far aa concerns the relation of the administration to. the. present financial agitation, Id fact that Roosevelt baa really accomplished no refoim. He has sent no offendsrf to prison; ha has done nothing to Improve any of the conditions he has so' severely btit has simply agitated the country.

I believe' this financial flurry would have passed without anv serl-cus consequences if the confidence of the people had not been so thoroughly disturbed and. the business of the country so discredited. This disturbance of New Tork's finances happened tc come at an exceedingly unfavorable time and but for the agitation which the president has created it could have done no real barm. I have never thought of the president as an anarchist, though I have designated some of his acta and his policies as anarchistic In their tendencies. When the president of the United States speaks all the world listens, and I say that an anarchist In the white house Is the most perilous anarchist that ever threatened the country.

The president, has positively no right constitutionally or morally 1 to attack corporate business or private business by' name, or WASHINGTON, Nov. 5. Fair weather nrevalls In' nit sections of the country today ex- oept In parts of the lake- region, New York and New England, where there are clouds and local rains. The temperature every- where is moderate. 4' WASHINGTON, Nov.

With elections being held today In thirteen states, ten of them general elections, the spectacle, unusual in, American politics, is presented that local contests in a few 1 communities are practically overshadowing the state fights. This Is largely due to the fact that In only one-or two state lections is the outcome In much doubt. New Tork City, Cleveland, San Francisco and Bait Lake City are the points which wlU be most eagerly watched In New Tork "the aUlance between the republicans Hearst's Independence league to defeat Tarn-, many makes the contest highly sting. The fight, centers on the race for sheriff of New York county Max Ihmsen, Hearst's right hand man, Is being opposed by Tom Foley, forbears one of Tammany's strongest east side In Cleveland the Interest Is due 'to tfl fact that Congressman Theodore Jurton Is regarded as having been BIG BANKERS IN BEGIN TO NEW TORK, NoV. felgtit millions the thlrt millions In gold already engaged In Europe- by New Tork bsnks arrived on the steamer Kron Prtnsess today.

In the North German liner's wake the big Cunard Lusltanlas is bringing ten million more. The rest of the thirty minions la exprctcd within a week. More gold Is being engaged constantly and the financiers say the yellow Hood Is not likely to stop short of fifty millions. Marked as It la by this immense In- Food Commissioner Johnson and State Chemist Redfern, both pf faom are oDiiglog official, stand wadjf. to assist the most humble citiaefi 1 in any; way they can, aut tney nave pom oeen stumped by an appeal.

which haa reached them In the form" of a 'letter from Greeley county. It addressed to the state chemist and roads: "Sir: Could I get yauvta examine. some medicine for me. Ana it me know how it would cause a person to act I as, away threshing this fall and my wife done good untlll- she- went dnwn town one day. and had -the '-Dr.

look at her teeth he rubbed: something, over her upps. men- no ooa a sponge but of a aauser and laid it over her She was alone with him. From that time on why she Just run after' that mam And 1 could not, keep her" home. And then he got her to run away. He waa giving her medicine all this 1 time.

It me hear from you -f Unfortunately for the purposes of tho the wrriter did not end any of the. medicine ho wanted have analyzed, which account''. Chemist Redferd cannot gratify hi Wish. A reply will be sent expressing the condolenceTof the department and. breaking the- new as gently as possible that It does not see any way to aid 1 il ti RECONSIDERS PLAN FOR ISSUE OF NO WARRANTS 7'- GOVERNMENT'DETECTIVE VICTIM OF MURDER PLOT The state has about 410,000 on deposit tn a South Omaha bank, $16,000 In one Lincoln Institution and M.600 In another.

Moat checks from the treasurer's office are drawn on one ef the first two of these banks, and as the state' account In each of them diminishes it will' be replenished by drawing from the' smaller depositories over the state. Tl)e governor' office yesterday turned over a draft on th sub-treasury for $8)678 received from the national government as a contribution for the soldiers' home In this state, The money goes 'Into the general fund, from which appropriation are made to support the It i not paid In A the state auditor offlc has reconsidered it first decision add will continue, to lue warrants on Claim presented and approved, the treasurer' offlc ha- adopted a plan, which will enable payment to be made upon them. When a warrant la presented for" redemption, the treasurer pay; a part of the sum in cash and give Lincoln exohange for the balance. first person to come -under this rulo were Dairy Inspector J. -W.

Dawson and J. A. Barkhoff. The former received izt In currency and 110 In checks, while the latter got i In cash and $100 In checks. Both men were satisfied with this trestrnent.

DENVER. Nov," i VlUtnr Rorvlrjl Chief Wllbl Ki. m- that he will come tv pearur il ivr nrmi avrvicv iperAl'ce na. been ordered to rendezvous here to aid Jn an investigation of the killing last Sunday of Joseph Walker, a sooret er- leash, but by draft..