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11.! 1 ; : J iL 3fT WKKKI.Y ESTAP.T.TSirf-'n in I -.-- -iTr - INDIANAPOLIS, TUESDAY MORNING, MARCH 15, 1901 TWELVE PAGES. DAILY ESTABLISHED IVA " V Uli hl V , 0. PRICE 2 CENTS. ON RAILWAY TRAINS KI VC CENTS. BAKkROFF SENDS FLEET 'DONALD IS INDICTED JIBES J. KILL'S MERGER IS DECLARED ILLEGAL n SHIPS IHTHE CHANNEL Sensational Plan Is Adopted by the Admiral in Opening Offen sive Campaign. COAL IS RUNNING SHORT I COURT First Alleges the Fact of the Beat ing and Second of the Attempt ed Criminal Assault. Decree of Circuit Court for District of Minnesota Is Upheld on Evcrv Point. EARLY TRIAL DEMANDED RULING NOT UNANIMOUS And Supply of Ammunition for Big Guns in Port Arthur Forts Is Limited. THE JOUKNAX Ii V- 0 UTS1 D r a Ki n omi M ON TWO COUNTS FOR KILLING ISS SCHÄFER J fc-'.-VA -V 'V : ' . 4 v :7 wjw j V . I I ''v-r . 'v.. : 1 sly-;. v- - 4r v W ' ' ' ' ' ' 4 !2"' : V ? s ; , V I p.: - . - -v.. . I ft - v i I -- T Counsel for Defense Will Move Immediate Hearing at the Ar raignment on Thursday. NEW SUSPECT IN SIGHT Four Members of the Tribunal, In cluding the Chief Justice, Dissent. 1 V JAPANESE NOW AT DALNY Marines Are Alleged to Have Landed Russians May Fall Back for a Time. LONDON. March 14. A correspondent of the Dally Mall at Nleu-Chwacg says that after the removal of the battleship Retvlzan four Russian teamers, the Harbin, the Hailar. the NInguta and the Sungari, were anchored at the mouth of the entrance to Fort Arthur In proper position and sunk, leaving only a small channed available. Vice Admiral Makaroff having previously ordered the whole licet to remain outside with steam, economy in coal being unneces sary. The dispatch, which Is prominently dis played by the Daily Mall, and which the correspondent says Js "on Russian informa tion," Is. If true, news of the first import ance, confirming the idea that Vice Admiral Makaroff will adopt the offensive and make a desperate attempt to bring together Rus sia's scattered naval forces, or endeavor to inflict damage upon the Japanese navy. The story must, however, be viewed cau tiously, the only approach to confirmation from any quarter being in a dispatch from a correspondent of the Daily Telegraph at Yin-Kow, which merely says: "Vice Ad miral Makaroff has issued orders to the effect that the saving of coal is unnecessary, but that the big-gun ammunition in the forts must not be wasted. Evidently this ammunition Is running short." There Is no other news to hand on the subject. The Daily Telegraph's Tokio correspond ent sends an unconfirmed rumor to the ef fect that Japanese marines have landed and occupied Dalny. It may be remarked that the British newspapers all regard Vice Admiral Togo's report that he has laid mines at Port Arthur as a mere bluff and they say that such a. feat would be Impossible under fire. The Dally Mail thinks that if Vice Amiral Makaroff closed the channel it was In order to prevent the ingress of Japanese torpedo boat destroyers, as was done at Wei-Hai-Wei during the Chino-Japanese war. It is a subject of unceasing remark and conjecture that nothing has been heard of the Vladivostok squadron and it is be ginning to be believed that it is really In nJde the harbor of Vladivostok. The Standard's Tokio correspondent says that according to a dispatch from Gen Ben, the Russians are believed to be with drawing from the northeast frontier of Korea and concentrating at Vladivostok. The correspondent of the Morning Post At Tokio throws a light upon Japan's financial intentions and says it is esti mated that Japan will be able to maintain a war for eighteen months without borrow ing abroad. The policy Is to retain the gold in Japan ?nd it is believed that It will not be necessary to spend abroad more than on?-eighth of the cost of the war, this expenditure being chiefly on coal, cordit-3 and steel. The fact that Port Arthur is completely blockaded permits a great saving, because Japan will be able to charter vessels at peace rates. The correspondent of the Times at Seoul comments on the remarkable civil influence which the Japanese brought to bear upon Korea without adopting an attitude of over bearing coercion. The correspondent says that on the contrary everything is being done to conciliate the Koreans, but he points oat that from Chemulpo to Seoul every controlling influence is Japanese rallroaci; police and telegraph. He adds that Japan must have been laying the foundation for this condition of affairs for many months. RUSSIAN ARMY MAY RETREAT AND WAIT YIN-KOV7. March 14. The local Russian authorities are apparently incensed and manifestly much annoyed at the solicitous inquiries of the commanders of foreign gunboats tegarding the projected block ing of the Llao river before the arrival of the Japanese, which latter event is re garded as a foregone conclusion. Although the blocking of the Liao and also the de fense of the settlement and native town are regarded as unattainable, it is certain that a disposition of guns and the arrange ment of a defense plan have al ready been made. The arrival of General Kondratovitch a few days ago, however, arrested the arrangements and threatened to cause the abandonement of the original intention. ( The best Russian information obtainable t Port Arthur and Nieu-Chwang admits the government's Intention to fall back indefinitely until the mobilization of 300,000 troops for the purpose of assaulting and op posing the Jaiinese and probably 200,000 more to oppose the Chinese. The same opinion asserts that Vice Ad miral Makaroff will right hard. He is de termined to weaken the enemy at any cost. nd make the operation of the Raltic sea fleet in the far East feasible, though it may be necessary to fight without the Pallada, Czarevitch and Retvlzan. which, it Is ad mitted, cannot be fully repaired within six months. On account of the uncertainty of the success of the scheme of constructing a mud dock, in which to repair the Czare vitch and Retvlzan, naval exerts allow' a year for the work. JAPANESE TRIED TO SAVE RUSSIANS UNDER FIRE TOKIO. March 14. A supplementary re port from Vice Admiral Togo, concerning the effort made by the crews of the Jap anese torpedo boat destroyers in action off Port Arthur on the 10th Inst, to rescue the crews of the disabled Russian torpedo boat destroyer, reached here to-day. Captain ßhojiro Asai, commanding the flotilla of torpedo boat destroyers, states that the Japanese would have been able to rescue many more of the enemy but for the deadly fire of the shore batteries and the close approach of the Russian cruiser Novik. The report also explains that four men rescued were not part of the crew of the Stere guschtchi. as originally reported. When the Japanese rescuers reached the Stere- end it H believed that the living members tCONTIN ÜKbÖNT'AG tTsTCOL. 5.) The Jap, as part of his military training, of the Eut all is not lost; why cannot Russians ACCUSED OF II FOR RURAL CARRIERS Charges Made in House by Mr. Crumpacker Against President Cunningham. LETTER AND CIRCULAR Special to the Indianapolis Journal. WASHINGTON, March 14. A sensational Incident occurred In the House to-day when Representative Crumpacker, of Indiana, charged that attempts were being made to coerce members of Congress into supporting legislation In which rural carriers are in terested. He stated, in substance, that President Cunningham, of the Carriers' As sociation, had appeared here as a lobbyist in violation of the civil-service regula tions, and. said that he took this method of directing the attention of the administra tion to the action of Cunningham. "A few years ago," said Judge Crum packer "Chairman Loud, of the postofflce committee, stated that the rural carriers would soon organize into a political body with the view of attempting to coerce fa vorable action in the way of increased sal aries and the granting of favors of one kind and another on the part of Congress. I hae before me something which vindi cates the prophecy of Mr. Loud." Judge Crumpacker then exhibited a letter from a carrier in the Tenth district of In diana, together with a circular received by the carriers from President Cunningham. In this Cunningnam instructs the carriers to send telegrams to their representatives and a skeleton form of telegram is outlined. Here a're the concluding sentences of the Cunningham circular: "I believe we got things going our way and will succeed if you do your part. I understand the situation, and the depart ment will take no notice of any work you do in regard to pushing our bill." Cunningham states that prominent men with millions of dollars behind them are interested in the cause of the carrier. It was developed during the debate that representatives quite generally have re ceived telegrams, inspired by President Cun ningham, urging them to work for the car riers. The friends of the carriers fear that their interests are being prejudiced by Cunning ham. A feeling of resentment is exhibited by members on account of the pressure brought to bear on them to increase sal aries and permit the privileges which the carriers now enjoy. In discussing the matter with the Journal correspondent to-night Judge Crumpacker said: "I have no doubt that to-day's de bate will result in the dismissal of Cunning ham from the public service. We are now being criticised for making recommenda tions to the departments In the interests of our constituents. That Is nothing In com parison to the insidious system of under taking to control legislation upon matters of the kind now pending." 'MINE WORKERS' OFFICER BEATEN BY MASKED MEN Chris Evans Attacked on Train Near Trinidad, Col. Guards Kill a Striker. TRINIDAD, Col., March 14. Chris Evans, financial manager of the United Mine Work ers of America, was beaten by three masked men w 1th revolvers, to-day on board a Col orado & -Southern passenger train bound for Teublo, aud painfully hurt. The men boarded the train a-t a point a mile east of Trinidad, and. after attacking Evans, Jumped off and escaped. Kvans was seat to Colorado by President John Mitchell. At Pryor to-day guards killed Michael Calabace. a striker. Calabace, it is said, had fired at a negro, and then barricaded himself in his house In an attempt to re sist arrest. BELIEVE MRS. DYE IS INNOCENT OF MURDER Residents of Boone, la., Confident She Did Not Send Poisoned Candy to Miss Nelson. BOONE, la.. March li.-Residents with out an exception are confident that Mrs. Dye is innocent of the charge of sending poisoned candy to Miss Nelson, of Pierre, S. D. Investigation of the canst; of this confidence discloses that there is a belief that Dye had another sweetheart here, w ho was madly Jealous of Miss Nelson, and may have sent the poisoned package. Mrs. Dye said to-day that she would not leave the State until the Legislature had time to act in reference to an extradition law. 0BBY1NG wears a smile even in the hottest -nents. This has so aroused the superstition ignorant Russians that they are ,.r e fleeing. 3 c obtain ti;?. services of the "Genial Tom" and his widest smiles ? GREGG DAMAGE SUIT IS PASSED TUBE JURORS Closing .Argument Marked by a Tilt of Counsel and Applause by the Auditors. INTEREST IS UNABATED Special to the Indianapolis Journal. CRAWFORDSVILLE, Ind., March 14. The $10,000 damage suit of Mrs. June Jami son Gregg against Mrs. Sarah Gregg, mother of the former's divorced husband, George Gregg, for the alienation of the latter's affections, went to the jury to-night, after a trial lasting more than three weeks. During all that time the most intense inter est rias been taken in the proceedings. The courtroom ha3 been crowded at every ses fcion of the court, at times to such an ex tent that when the crowd was once settled it was impossible for another person to force his way in. The plaintiu has attended every session, accompanied by her little boy, who was born on Dec. 25. 1D00, after the divorce had been granted in May. The defendant, for several years in poor health, for the past few days has been conllned to her bed by sickness. Judge West completed his instructions to the Jury at 6:30 o'clock. If a verdict is reached it will not be reported till to-morrow, as the judge, after giving Instructions for a sealed veraict. wvnt home. During the closing argument of Charles McCabe. for the plaintiff, the defendant's attorneys interrupted four times with ob jection as to his line of argument. Once they told McCabe that he had ventured a new point, seeking to convey an erroneous Impression concerning the electric wires at the window in which George Gregg swore he sat at the dance on the root with the "certain young woman," and Mc Cabe responded that he had been up there to see Just how the wires were placed before he said anything about them. This reply moved the audience to applause. The judge sent the Jury out and ordered the sheriff to clear the room. Everybody was made to retire and the jury then returned. The judge told the jury that they must not let public sentiment affect their verdict as, if they did, then courta had better be abolished. Mr. McCabe closed by showing wherein June Gregg's testimony had been corrobor ated by that of Mrs. Austin, sister of the defendant, in the vital points, while the defendant depended upon her son George xo corroborate her. PANAMA TO ADOPT THE GOLD STANDARD PANAMA, March 14. According to a de cree of the convention published to-day, the monetary unit of the republic after Dec. 31 next will be the gold dollar of the same dimensions in weight, by law, as the United States dollar. The silver currency now in circulation will be exchanged at the rate of $100 in gold for $223 in silver. The decree is being greatly discussed. FRIENDS OP I R, HEARST " COHTROÜBCÖIIVEHTIOII Henry MacCracken, of Urbana, Nominated for Congress by . Ohio Democrats. KANSAS CITY PLATFORM URBANA, O., March 14. At the Eighth district Democratic congressional conven tion to-day Henry MacCracken, of Urbana, was nominated for Congress. W. L. Finley. of Kenton, and W. R. Niven, of Logan county, were elected delegates to the nation al convention, but they were not instructed. Friends of W. R. Hearst controlled the con vention. The Kansas City platform was reaffirmed by a vote of 131 to S3. Cannon niiymen for the President. WASHINGTON, March 14. While Repre sentative Allen Smith was nominating Speaker Cannon for the presidency in the House Friday, Mr. Cannon's county con vention was indorsing President Roosevelt enthusiastically. This indorsement reached the speaker to-day and he Immediately forwarded it to the White House with his compliments and this memorandum: "If I was so soon to be done for. What was I ever begun for?" Kditor for Congrens. GREENFIELD. Mo., March 14. J. Fred Rhodes, editor of the Eldorado News, was nominated for Congress to-day by the Republicans of the Sixth Missouri district. C. I Houts. of Warrensburg, and J. R. Hale, of Rich Hill, were selected as dele gates to the Chicago convention. thus counteract by dispensing a few of GAEL AND TEUTON FLEE FROMMETOBEID Wacker Sees in Trip to Anderson the Solution of Trouble with Love Affairs. PARENTS DIDN'T KNOW IT He was German, she was Irish. So they eloped not in the sensational fashion, but in the quiet way. It was all very simple. They met downtown and boarded an interurban car and took a pleas ant ride to Anderson. There they were married by 'Squire Wil liams. They caught the r.ext car back to Indianapolis and went about their dally calling much as usual. In this wise culminated the long love affair of John Karl Wacker, of 1302 Chest nut street, and Georgia Mary Sullivan, of Madison avenue, yesterday afternoon. For months the two young people . have been pledged to each other, but their hap piness has been darkened by serious ob jections by Mr. and Mrs. August Wacker, parents of young Wacker. These objec tions arose from the fact that their son is German and Miss Sullivan is Irish. Tired of waiting for parental consent, the young couple yesterday took the matter in their own hands and went to Anderson secretly and were married at 4 o'clock yes terday alternoon, returning to the city in time for supper last night. Mr. and Mrs. Wacker were not aware of their son's marriage until informed of it late last night by the Journal. They were more surprised than angry. They said that their son John had been home to supper and had acted much as usual, and that, too, was a. surprising thing to them. NOT GOOD FOR NEGRO TO LEARN TOO MUCH Opinion of Mississippi's Governor, Who Vetoes Bill for Colored School Appropriation. JACKSON, Miss., March 14. Governor Vardaman this afternoon sent to the House his veto of the bill appropriating $2.200 for the support of the Holly Springs normal school, a colored institution. The Governor in his veto message takes ground against negro education, stating that it is not the best thing for the negroes. He advanced this view during his campaign for Govern or. The Governor gave what he termed a constitutional reason for vetoing the bill. The veto message comes up in the House and a stiff fight will be made to pass the bill over the Governor's. veto. Some of the leaders say to-night that it will be suc cessful. REMARKABLE SACRIFICE OP A JAPANESE MOTHER Drove a Dagger Into Her Heart in Order that Son Might Be Free to Fight. IMMEDIATELY ENLISTED NEW YORK, March 14. A Japanese woman at Takashaki, on learning that her only son had been exempted from active service on the ground that she was de pendent upon his earnings, has committed suicide, says a World's dispatch from To kio. In a letter she stated that she was about to kill herself in order that her son might be free to fight for hu fatherland. Then she plunged a dagger into her heart. Withdrawing the weapon, she handed it to her son, who Immediately volunteered for active service. MOROS ARE ROUTED BY RECONNOITERING FORCE WASHINGTON. March 14.-Actlng Ad jutant General Hall h. j received the fol lowing cable from Major General Wade, dated Manila, March 13: "Major General Leonard Wood reports an attack of a reconniotering force east of Cottabato by a strong party of Moros made hostile by the passage of the anti slavery law. The Moros' position was shelled and the Moros flanked and the ojt works taken! They were strong and well constructed. Cannon captured twenty-cne old Spanish, thirty-three Lantakas, also large quantities of ammunition and sup plies. No casualties on our side." Police Are Tracing the Movements of George Ernhart, an Alleged Detective from Cromwell. Special to the Indianapolis Journal. REDFORD, Ind., March 14. The Law rence county grand jury formally indicted James McDonald to-day as the murderer of Sarah C. Schäfer. The jurors did not report the result of their deliberations until 3 o'clock. The in dictment is embraced in two counts, neither of which designates the character of the weapon McDonald is supposed to have used in committing the crime. The first count alleges that McDonald "feloniously, maliciously, and with premed itated malice, did beat, strike and wound Sarah C. Schäfer on the head with some blunt instrument, to the grand jurors un known." The second count alleges that in an at tempt to criminally assault Sarah C. Schäfer, McDonald beat and wounded her on the head, with some blunt instrument, from which wound she died." Judge lt. N. Palmer, senior counsel for McDonald, gave notice that he would on Thursday morning present a motion for an immediate trial of his client, who will be arraigned at the same time. He charges that the report of the grand jury has been purposely delayed, so as to preclude the possibility of a trial at the present term of court. Prosecutor Miller announced that the State was ready and Judge Wilson in formed counsel he would take the matter under consideration until Thursday morn ing, when he would decide whether the case of McDonald would be tried this term or passed until May. Attorney Palmer said the defense would require only two days, and if the court can possibly find sufficient time' McDonald will be tried this term. The matter rests entirely with Judge Wil son, who shows no inclination to postpone the trial, but realizes that difficulty will be experienced in securing a jury in this county. George Ernhart, the alleged detective who irsists he is working on the Schäfer case and who was arrested Saturday night by the local police, has been identified by Charles F. Grimes, proprietor of the Park Hotel, as the mysterious stranger who reg istered at his hotel the night of the mur der as C. V. Leach, of Polo, 111., and dis appeared early the next morning. Suspi cion is now directed towards Ernhart and local officials are tracing his movements. Since his sojourn in Bedford Ernnart daily visits the scene of the murder and secured board at the home of Mrs. Martha John son, where Miss Schäfer boarded. Officials will to-morrow search the hag gage of Ernhart for some evidence that will disclose his identity. He alleges his residence is at Cromwell, a few miles from Elkhart, Miss Schafer's home. The mutilated body of Sarah Catherine Schafer, for whose murder James McDonald must stand trial before the Lawrence coun ty Circuit Court, was discovered the morn ing of January 22 in the cab shed of Cap tain William Cook. in an alley off Lincoln street between Thirteenth and Fourteenth streets. The discovery was made by Cook, who visited the shed at 7 o'clock that morn ing. It was an hour before the body was posi tively identified as that of Miss Schäfer. The identification was made by S. B. Lowe, president of the School Hoard, and Profes sor Louder, an associate in the high school faculty. The city was thrown into a state of In tense excitement and half a dozen persons, many of whom were members of Bedford's prominent families, were viewed with sus picion in connection with the murder and It was nearly three weeks after the investiga tion into the crime was begun that James McDonald's name was first brought before the board. McDonald mentioned to his wife and to a brother-in-law that he had passed the alley at about the time the crime was supposed to have been committed and had seen two suspicious characters loafing at the corner of Fourteenth and Lincoln streets. lie bragged to members of his family that he could throw some light on the murder. There existed some feeling between Mc Donald and his brother-in-law and the lat ter first brought the story to the ears of members of the investigating board. News paper men Interviewed McDonald for the investigating board and the detectives de cided the evidence was strong enough to hold him for the crime, though they thought him innocent. His arrest was made late at night and he was spirited away to Jeffersonville before 100 of tho citizens of the city knew he was suspected of the crime. M'DONALD AGAIN SAYS HE IS NOT GUILTY Special to the Indianapolis Journal. BLOOMINGTON, Ind., March 14. A look of despair covered the face of James Mc (CONTINUED ON PAGE 3, CÖ1TT) BOOM OF GEH, MILES FOR PRESIDEIITJS LAUNCHED Prohibition Party Will Name Sol dier at Convention Here,. Says Newlin. TO POLL 2,000,000 VOTES State Prohibition Chairman C. E. New lin, of this city, declared yesterday that Gen. Nelson A. Miles would probably be the nominee of his party for President at the national convention here on June 30. The "Miles boom" was launched last week by Prohibitionists in Venango county. Pa. They celebrated the election of 24$ officials in that county on their ticket with a ban quet. At the function a speech was made by David B. McCalmont indorsing the candidacy of General Miles. The latter is reported as saying, "I would like no better close to my public career than the presidential nomination at the hands of the Prohibition rarty." "He will poll 2,j00,oC)0 votes, . if nomi nated," said. Chairman Newlin yesterday. "I believe that Felix McWhirter. of this city, may be named a candidate for Vice President on the same ticket with General Miles. Spacious caucus headquarters have been assigned to the Prohibition party of In diana by the Statehouse custodian. The rooms are the same as those to be used by the Republicans at the next session of the Legislature. The Prohibition delegation will number about 1.200, according to the state appor tionment, while the Republican delegation will b? 1,300. ATTORNEY GENERAL P. C. KNOX. Who Pushed the Case against the Northern Securities Company. WRECKED S SA!S"GUILTrEHDIHGTRIAL 1 Other Officials of Defunct Institu tion Will Answer to Govern ment To-Day. BRODRICK TO APPEAR Thousands in Shortages Must Be Explained by Former President and J. Walter Brown. The first case growing out of . the Elk hart Rank failure came to a quick end yesterday. Cashier Wilson L. Collins, against whom there were eighteen charges, pleaded guilty to all except one, accusing him of having embezzled $40.000. This was nolled on the motion of United States District Attorney Joseph B. Kealing. The trial had been set for 9 o'clock, but was continued until 2 o'clock. ' At that hour Judge Anderson called the case and Collins pleaded guilty. The. penalty for the charges against him is not less than five years and not more than ten years' imprisonment. Judgment was deferred by Judge Anderson until the other two cases are tried. The trial of Justus L. Brodrick, late pres ident of the bank, is set for this morning at 9 o'clock. Brodrick Is indicted on sixty four counts, the first five of which charge him with embezzling amounts' from 51,504 to $50,000. It is also charged that on Sept. 23. 1903, he made false reports to the comp troller of the currency. The alleged report asserted that the bank had J32.760 in gold on hand, and it is charged that the report stated that on that day there was $24,627.78 in "cash items," when as a matter of fact the amount was much less. It Is also charged that many false entries on the individual ledger were made and also in the teller's daily cash ac counts. Misapplication of funds, money and credits of the bank are charged to the amount of $370.273.52. A heavy stockholder, J. Walter Brown, has sixty-seven counts against him. He is charged with abbeting Brodrick in the mis application of funds and credits of.tfie bank in the sum of $428.977.77, for the use of the National Manufacturing Company and th? Consolidated Paper and Bag Company, both of which it is charged were insolvent. He is also charged with abbeting Brodrick in misappropriating the funds on notes on which it was pretended to pay money to a number of individuals and firms. The count also charges Brown with abbeting Brodrick in buying $50,000 of mortgage bends of the Consolidated company that were worthless. The trial of Brown is set for next Mon day, but it is thought from present Indi cations that the trial of Brodrick will have way over the rest of the court calendar. A large number of attorneys have been retained by the defendants. District Attor ney Kealing and Jesse J. M.' LaFcllette rep resent the government. The trials will be by Jury. The bank, which is defunct, is the Indiana National Bank of Elkhart, and was organ ized ten years ago. with a capital stock of $100,000, surplus $20,000. At the time of the failure many poor people were distressed and It caused a crash among a number of small industries. LAYS IN WAIT AT ALLEY FOR RIVAL Eit Smashes Man with His Girl and Both Are Ar.-; rested Because Andrew Washburn was walking with his girl last night Henry Eit, a cigar maker, lay in wait for the couple and as they were passing an alley near East and Washington streets jumped out and struck Washburn, knocking him down. After the assault Eft turned and ran east on Washington street closely pursued by Washburn, who caught him at Liberty street. Washburn proceeded to demon strate to Eit that he was out of his class when Patrolmen Musgrove and Hostetter reached the place. Both men were arrested. BELIEVES MARX KILLED A MAN IN COLORADO Chief of Police Says Confession Clears Colorado Springs Mur der Mystery. COLORADO SPRINGS, Colo.. March 14.- Chief of Police Reynolds said to-day he had no doubt that Michael O'Brien, whose dead body was found last fall near Clyde on the Cripple Creek Short Line Railroad, was murdered by Gustav Marx, the Chicago car-barn murderei, who has confessed that he killed a man in the suburbs of Cripple Creek. The local officers never found a clew to the murderer of O'Brien, and the case remained a mystery until Marx made his confession. GAS FUMES CLAIM TWO MORE VICTIMS WAPAKONETA. O.. March 14.-Gladys, aged ten, and WInfield, aged 5, children of J. H. Goeke, a prominent attorney of this place, died to-!ay from the effects of hav ing inhaled gas fumes last night. Their mother died last night from the same cause. Mrs. Frank, a servant, is still se riously ill. Koneta Goeke, who was made unconscious by gas, ii believed to ba out of danger, BANK CASHIER OPINION OF MAJORITY Maintains that Congress lias the Right to Control Interstate 3 Control Ii Commerce. WASHINGTON, March 14. In the United States Supreme Court to-day an opinion was delivered in the merger case of the Northern Securities Company vs. the United States In favor of the government's contention that the merKer was illegal. The opinion of the court was handed down by Justice Harlan and it upheld the de cree of the Circuit Court for the district of Minnesota in every particular. Four of the justices dissented from the rive con stituting the majority. The division in the court was due to a difference of opinion as to the right of federal control of state corporations. Th majority opinion proceeded on the theory that Congress has a right under the Con stitution to control interstate commerce, no matter by whom conducted, while tho minority or dissenting opinion was based on the theory that in the present case the effort is to regulate the owership of rail road stocks by state corporations and that such owership is not interstate traffic. An effort was made by the court to pre vent knowledge of the fact that the opin ion was to be rendered to-day from get ting to the public, but nevertheless It was quite generally understood among news paper men, attorneys and others for an hour or so before convening of court to day that the decision would be announced. When, therefore, the members of the court filed into the chamber at noon they were met by an expectant crowd, which filled every seat both inside and outside the bar. Seated amcng the attorneys was Attorney General Knox and Secretary Taft and an unusual number of sen iters and members of the House. There was no surprise mani fested when, promptly on the assembling of the court. Justice Harlan began the deliv ery of the opinion. The fact that he had been selected for the preparation of the document at once led most people to con clude that the decision would uphold the Sherman anti-trust law and sustain the contentions of the government. .The Justice read hl3 opinion from a rrinted copy, which covered thirty pages, and consumed about an hour and a quarter in its delivery. A CLOSE SHAVE. Very soon after Justice Harlan hnd con cluded his presentation of the case it be came evident that the court had divided on the questions at issue, and, as other opin ions were announced, it developed that there not only had been a very close shave for the government, but that one of the members of the court who cast his vote with the majority entertained opinions of his own, which fact rendered the division all the more marked and interesting. This was Justice Brewer, who, while he con curred In the result, announced in an inde pendent "opinion of his own that he held the view that previous anti-trust decisions had been more sweeping than was Justified. Four of the nine Justices dissented out right. These were Chief Justice Fuller and Justices White. Beckham and Holmes. The opinions of Justices Harlan and White wcro long, while those of Justices Brewer and Holmes were comparatively brief. All told, the court consumed two hours and three quarters In disposing of the case. The fact was noted by several persons that the argument In the case was begun Dec. 14, Just three months previous to the decision. For so important a case this ia considered a very brief Interim between tho arguments and the decision. The case de cided to-day was brought by the United States against the Northern Securitif s Com pany, a corporation of New Jerwej-; th Great Northern Railway Company, a cor poration of Minnesota; the Northern Pacific Railway Company, a corporation of Wis consin; James J. Hilt, a citizen of Minne sota, and William P. Clouch. D. Willis James. John S. Kennedy. J. Pierpont Mor gan. Robert Bacon. George F. Baker and Daniel Eamcnt. citizens of New York. Its general object was to enforce, a against the defendants. the provisions of the statute of July 2. IhW. commonly known as the anti-trust act, and entitled "An act to protect trade and commerce against un lawful restraint and monopolies." ' MAJORITY OPINION AS READ BY JUSTICE HARLAN After announcing .the origin and the pur pose sought to be accomplished by the suit. Justice Harlan reviewed the facts as dis closed by the record in the case, showing" that it had grown out of a combination of the Great Northern Railway Company and the Northern Pacific Company into the Northern Securities Company, which latter company was organized Nov. 13, 1D01. He then summarized very briefly the 'allega tions of the government and the defense of the Securities Company. Of the government's case he said: "The government charges that if the combination was held not to be in violation of the act of Congress, then all efforts of the national government to preserve to the people the benefit of free competition among carrier engaged in interstate commerce will be wholly unavailing, and all transcontinental lines Indeed, the entire railway system of the country may be absorbed, merged and consolidated, thus placing the public at the absolute mefcy of the holding corporation," and of the railroad case: "Several defend ants denied all the allegations of the bill imputing to them a purpose to evade th provisions of the act of Congress or to form a combination or conspiracy having for ila object either to restrain or to monopolize commerce or trade among the States or with foreign nations. They denied that any combination or conspiracy was formed in violation of the act." Having outlined these preliminaries. Jus tice Harlan came Immediately to the Judi cial consideration of the case and practi cally indicated the decision of the court In the first sentence of the opinion projer. In that sentence, he said: "In our Judgment the evidence fully sustains the material al legations of the bill, and shows a violation of the act of Congress, in o far as it de clares UK-gal every combination or conspi racy in restraint of commerce among the several States and with foreign nations and forbids attempts to monojilze fuch com merce." THE ARGUMENT. Ho again recurred to the facti In the case and said that, laying aside any minor things. It was Indisputable that upon the CCONT1N UED ON PAGE &. COL. 2J