Omaha daily bee., 1905-11-07
PREFERENCE LAW PECULIAR
Wakes Complainant Also Prosecutor, Judge
and Jury in ths Hearing.
WITNESSES ARE NOT PLACED UNDER OATH
Insurance Company Contests Death
Loss ON Ground Proof is Lacking
that Banker Wood T.
Dead.
CFrom a stan Correspondent


DIES MONIES Nov. 6.-(Special. )--Incon-
sistence in the soldiers performance law
were brought into prominence when Gus
todian McCurdy today acted as Judge. COM
plainant and attorney in the hearing
against Thomas Graham. the night watch
man, on the charge of being too Tat for
duty. Graham was represented by Senator
c. c. Dowell, ex-senator Lathrop Of Sioux
City and Major Charles Mackenzie as his
attorneys. They objected to McCurdy hear
ing the case at all because he was inter-
ested in the case, having discharged
Graham as The superior officer They OBJ
jected to the small room In which the case
was heard, the custodian's office. which Is
but 1Ox12 feet. They objected to the wit
nesses testifying without being sworn and
demanded a jury trial. all of which were
overruled and refused by the custodian.
The value of the hearing is now con-
coded as consisting only of getting the
case into the district court to which It
will be appealed The soldiers PREFER
ence law says an old soldier can be dis
charged only after proper hearing on spe-
cifc charges but doesn't specify who shall
hear such charges. Custodian McCurdy in
| terpreted the law that he should hear the
evidence In this case, but not having au-
| thority to administer an oath none of the
! testimony was sworn and the witnesses
were not compelled to answer the questions
| unless they wished to. The charges
! against Graham were chat he was incom-
petent because of his size and health. He
weighs about 800 pounds. He was also
charged with leaving the doors open at
| night and the lights burning in the state
T, house, where they should not be burning
| witnesses mostly watchmen and ianitors
about the building, testified to the charges
but could give no very specific instances
the dates being rather Indefinite. When
Graham's attorneys attempted to corner q
witness the witness would refuse &c
answer. More or less politics was showr
under the surface of the case. McCurdy''
/ decision. 1t is taken for granted will be
against Graham when announced and thu
case will then be appealed to the district
court on writ Of certiorari and likely from
that to the supreme court.
Guard Rated Ehicient.
Adiutant General Thrift said today tina
he had taken up the matter of the STANDING
Of the Iowa guard with the War Depart
ment. and had received from the mflitar!
! secretary the statement that the lows
) guard was ranked as efficient and was en-
titled to all the rights and benefits Of tn
appropriation of the government for stat
troops.
Is Banker wood Deads
The question OF whether or not Banke
Wood of Colfax is really dead has beei
raised again in the district court here, Mrs
Wood has sued the Brotherhood Of Amer
lean Yoemen for 5000 insurance and tn
Yoemen in their ansvepgt to the suit rails
the question that the proof of death
not positive. There is e. story to the effec
that a wax figure was substituted for Woo
and buried. Wood wasr supposed TO hav
excused himself from the room in whic
two of his business associates were sittin
/ at Woods home. and going to a closet, she
himself Immediately afterward his finar
cial affairs were found to be in bad shap'
Hull Nearly Recovered.
d Congressman J. A. T. Hull is nearly re
covered from the operation on his eye an
. will leave Wednesday for Washington
: remain there for the opening Of congress
next month. tt
= Special Election in Cass.
Governor Cummins late today set the dat
s for the special election: of representative
r Cass county for December 10.