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THE MINNEAPOLIS JOIJRNiS
PEICE TWO CENTS.
TO BUY ALL
THE WIRES
Government Ownership in
Canada.
TELEGRAPH, TELEPHONE
Purchase Would Involve Something
Like $25,000,000,
BRITISH LINE AROUND THE WORLD
Local Telephone System* Would Be
Leased to the Mnnic
ipalltles.
New York. Feb. 4.—A special to the Her
ald from Toronto says:
The Domin.ion government has practical
ly taken steps to purchase the telegraph
systems of Canada, extend them enormous
ly and operate them in connection with the
postofflce department. It is also proposed
to follow a similar course with the tele
phone, but municipalities will be licensed,
as in Britain, to operate the telephone sys
tem within their own areas. With a sur
plus running from 56,000,000 to $7,000,000
for 1900-01 and a prospect of an equally
large surplus for 1901-02, the plan seems
feasible.
The great desire of Canadian statesmen
is to see cables owned by Great Britain
under the Atlantic and Pacific and joined
at each ocean to wires owned by the Do
minion crossing this country and thus
practically girding the globe by a cable
absolutely under imperial control. ■ The
business men of Canada are unanimously
in favor of the scheme.
The Great Northwestern Telegraph com
pany practically control the wires in Can
ada. The Canadian Pacific system extends
to about 10,000 miles and the cost is esti
mated at from $7,500,000 to $8,000,000. The
Great Northwestern system will probably
come near this amount, while the Bell
Telephone company of Canada has a cap
ital of $5,000,000, so that the purchase of
these concerns means a probable expendi
ture of from $20,000,000 to $25,000,000.
The government owns several short tele
graphic lines and in almost all charters
there are clauses providing for purchase.
TO SENTENCE YOUTSEY
<>uv. Ileckhum Will Send Militia In-
to the Mountain*.
2fe» Tork Sun Special Servic-
Frankfort. Ky. ( Feb. 4.—The case of]
Henry E. Youtsey will be called to-mor- j
row at Georgetown to pass sentence on a j
verdict of life imprisonment given last. !
fall. The cases against Holland Whitta- j
ker, John Davis and "Tallow Dick"
Combs will be continued. Captain C. D.
Ripley, indicted as an accessory to the
Goebel murder before the fact, will be
brought here from Henry county under
the indictment. Ripley was in charge of
soldiers in the executive building just after
the shooting.
Memorial services were held in the
chapel at the Frankfort cemetery yester
day on the anniversary of the death of
William Goebel.
Lexington, Ky., Feb. 4.—Authentic infor
mation has been received here that Gov
ernor Buckner contemplates an armed in
vasion of the mountain districts with a
militia force to bring to justice many men
now at large, against whom there are fel
ony charges. Berry and John Powers, ac
cused of complicity in the Goebel assas
sination, will be the particular object of
search. That blood will follow an at
tempt to arrest these men is sure.
It is said that Captain Garnett Rip
ley, charged with complicity in the as
sassination of Governor Goebel, will be
defended by Colonel W. C. P. Breckin
ridge.
KASSON ISN'T DEAD
Hut the Metropolitan Club Went Into
Mourning for Him.
y»v York Sun Special Service
Washington, Feb. 4.—John Kasson
of lowa, one of the best-known
diplomats in Washington, was at
the state department whet Sec
retary Hay received the news of the
queen's death. He was much affected,
of course, and having the good of the
Metropolitan Club, of which he is a
member, much at heart, he went direct
ly to the telephone, called up the club,
and said in a voice filled with emotion:
"Have the flag lowered at half-mast at
once."
"Who for?" was the response.
"Kasson.' was the brief rejoinder.
The attendant ran from the telephone
ejaculating: "Poor Mr. Kasson, only a
short time ago he left here in health,
and now he Ik dead."
He wrote the death notice on a heavily
black bordered card, as is the custom of
the club, and posted it up on the bulletin
board.
Members were grief-stricken as the flag
fell to half-mast.
"Poor Kasson is dead." said one mem
ber to another, who had just come in.
"Dead? "Why, I guess that I just left
him and I never saw him in better health
in my life."
"Who is dead if it isn't Kasson?"
"Why, the queen, of course."
SHOOTS THE PREACHER
Wife's ConfesMlon Ktmiiis in a Trag
edy, Pernapn Marder.
2iir York Sun Special Service
New York, Feb. 4.—Rev. John Kellar
vicar of the Trinity Mission Protestant
Episcopal church of Arlington, N. J., and
secretary of the diocese of north New
Jersey, was shot -yesterday and probably
mortally wounded by a man who at one
time was one of the minister's closest
friends, Thomas J. Barker, one of the
best-known residents of Arlington, and
a department manager of the Commercial
Cable company. Barker said he was mad
dened by a confession made to him by
his wife the night before.
Rev. Mr. Kellar left his home, 160
Beach street, to take a car to Fort Lee,
where he was to assist Bishop Starkey
at an ordination service. At Midland ave
nue he was shot down so suddenly that
he had not time even to see where the
shot cam* from. Barker had been lying
in wait for him. He fired four shots,
three while the clergyman was on the
ground.
The story told by Barker himself to his
friends, who visited him in prison, wa6
that his wife, who has been suffering
from a nervous illness for some months,
confessed to him Saturday night that
she was assaulted by Mr. Kellar about
eighteen months ago.
Mr. Kellar denies that he is guilty.
"The charge is false; it is absurd," he
cried, as he lay on his bed. "My life and
my career ought to exculpate me. I am
innocent."
RODERMUND IS FREED
He Say* He Will Reach Appleton in
a Day or Two.
Milwaukee, Wis., Feb. 4.—Dr. M. J. Roder
mond, the Appleton, Wis., physician who ex
posed himself to smallpox germs and later
broke quarantine, and who was arrested hero
and landed in the isolation hospital after his
return from Terre Haute and Chicago, was
released this afternoon. He expects to return
to Appleton within a day or two.
II OPENS A
NEW EMPIRE
Irrigation Bill Very Likely
to Pass.
SOLVES THE PROBLEM
Mr. HaDv.^)g v s Bill Calls for No
Direu. °^c^ Nation.
IT BENEFITS THE I*; *** \^ST
Money "Will Come From the Sale of
Public I.iiiklm In the Arid
lies Ions?.
From The Journal Bureau. Room 45, Pott
Building, Washington*
Washington, Feb. 4. —The senate public
lands committee at a special. meeting to
day unanimously; ordered a favorable . re
port on Chairman Hansbrough's irrigation
bill, introduced in the senate last Thurs
day. It is proposed to attach the bill as
an amendment to the sundry civil appro
priation bill, and if this is done it will
pass at this session.' *
Various schemes for irrigation have
come before congress during the past few
years, but every one provided for direct
appropriations from the treasury, and on
that account was stoutly opposed by sena
tors from New England and the middle
states. The Hansbrough bill does not an
tagonize these eastern interests which, it
is said, will support it solidly.
In brief the bill provides that all money
derived from the sale of public lands in the
arid and semi-arid regions, save those
held for educational purposes, shall be set
apart in a special fund out of which res
ervoirs and hydraulic works shall be con
: structed. Where the receipts from the
i sales of public lands other than those in
the arid and semi-arid regions are in
sufficient for the support of agricultural
colleges, this deficiency is to be made up
from the general funds.
The bill has been submitted to several
leading eastern senators who have per
sistently opposed irrigation projects here-
tofore because of the great expense they
entailed, and they have cordially indorsed
it, saying they regarded it as presenting
the best solution of the irrigation prob
lem yet offered.
Xorth and South Dakota, Montana, Idaho
jand Washington in the northwest will be
j directly benefited by this bill. In western
i North Dakota, for instance, the Missouri
river could be tapped during the spring
j freshets for supplies of water, making that
| section as productive as the Red River
i valley.
Senator Hansbrough has worked out the
problem without outside aid. He has had
no communication with the officers of the
irrigation congress, which met in Chicago
j a few months ago, and he does not know
what plan that congress indorsed save
that it involved direct appropriations from
the public treasury and was,therefore,sub
ject to the same opposition that has been
I made to all previous irrigation schemes.
j He does not know how much money his
bill will produce, beyond the general
statement that within the next few years
the sum will be possibly $3,000,000, which
is far in excess of the wildest dreams of
the irrigation agitators.
In the public lands committee to-day
Senator McEnery of Louisiana, speaking
for the other southern senators, said he
would gladly support the Hansbrough
bill. "In a comparatively short time,"
he added, "under its operation, a larger
and more fruitful area will be opened for
cultivation than is contained in the en
tire Philippine archipelago."
Representative Stevens to-day intro
duced a bill providing for the appropria
tion of $10,000 for the erection of certain
buildings at Fort Snelling and for im
proving the river bank by making it ar
ticulate with the Minneapolis river bank
boulevard system.
The bill provides for the erection on the
fort grounds of a storehouse, barracks,
hospital, office storehouse, railroad track,
drill hall, bachelors' quarters, roads and
highways, including the establishment, re
pair and protection of the old fort and its
grounds. The $10,000 is to be expended
under the direction of the secretary of
war. •
Representative Stevens will try to pass
the bill at this session, but if he fails it
will be taken up again next session.
That Justice Harlan has made
a qualified denial that he made
an anti - expansion speech at the
Loyal League banquet in this city last
Friday night is not strange. His atten
tion being called to the matter, there
was nothing he could do but deny, for
the Porto Rican cases are still in the
, hands of the supreme court, undecided,
\ and his alleged utterances violated every
propriety and precedent. Fortunately for
I the story, however, the justice's words
were heard by many gentlemen, members
of the senate and house and otherwise
prominent in official circles.
Representative Moody of Massachusetts
was the man who. on Saturday, at the cap
itol, first gave the matter publicity. He
had written out the language of Justice
Harlan, and in order to be sure that he
was quoting him correctly submitted his
writing to some half dozen gentlemen who,
like him, were present at the banquet.
They all agreed that Mr. Moody had
caught the spirit and almost the exact
language of the distinguished jurist. The
denial does n,ot count for anything in
Washington, where the facts as here set
forth are well known.
The Washington Post to-day publishes
a statement that the San Francisco Chron
icle was wrong in saying that the pro
ceedings in that city against Noyes and
McKenzie have been dropped. The Post
evidently gets its information from the
anti-Noyes pople, some of whom have been
in Washington all winter. It says par
ticularly that the contempt proceedings
against McKenzie are still pending, and
that the efforts to have Noyes dismissed as
judge at Nome will not be abated.
Nothing is knotfn here regarding the
matter beyond what already has appeared
in these dispatches. The information
which came to Judge Noyes' friends here
last Friday originated in San Francisco
and is supposed to state the situation ac
curately. The efforts to secure the dis
charge of Noyes must take the form of
format charges in an affidavit with the
attorney general before any notice will
be taken of them. This the prosecution
MONDAY EVENING, FEBRUARY 4, 1901.
As seen In Ireland,
In Canada,
The Coronation Crown of Edward VII., King of the United Kingdom of Great Britain and
Ireland and Emperor of India.
has known for months and yet the charges
are not made.
Within forty-eight hours, it is believed,
the subsidy bill's fate will be decided and
from the outlook to-day the bill will be
unceremoniously killed.
Senator Spooner of Wisconsin is "mad
clear through." He doesn't purpose the
subsidy bill shall pass if he can prevent it,
and his ability to prevent it is honrly be
coming more market. It is his plan, as
outlined to-day to several members of the
Minnesota delegation, to make a final at
tack in the senate to-morrow or Wednes
day using the Grout olemargarine bill as
his weapon. He will make a motion that
the Grout bill be substituted for the sub
sidy bill as the unfinished business of the
senate. The vote on his motion, he fig
ures, will relegate the subsidy bill to the
limbo of all defeated legislation.
All the northwestern senators, especial
ly those from Minnesota, the Dakotas,
lowa, Kansas and Nebraska, while pre
pared to vote for the subsidy bill under
ordinary conditions, would probably de
sert it when the question becomes one of
choice between it and the Grout bill,
which is very close to the hearts of their
constituents.
At any rate, this is the way Senator
Spooner figures it, and he is usually very
correct in figures. It is thought a good
many senators from the states men-'
tioned will be glad of an excuse to dis
pose of the subsidy bill in this way. Their
adherence to it is only perfunctlonary,
and but for Senator Hanna's insistence in
trying to make the bill a party measure,
their lukewarm advocacy would probably
have developed into open opposition long
ago,
—W. W. Jermane.
Washington Small Tails.
Mr. Stevens to-day introduced his bill mak
ing Stillwater a port of entry.
Representatives Gamble and Burke have
recommended J. C. Mack for postmaster at '■
Bend, Meade county, and Christian Rasmus
sen at Spink, Union county, S. D.
Postmasters appointed to-day: Minnesota-
Benedict, Scott county, William Loehen.
North Dakota—Merrifleld, Grand Forks coun
ty, Halvor K. Leen. South Dakota—Broad
land, Beadle county, Edson E. Potter.
The senate public lands committee to-day
authorized Senator Pettigrew to report favor
ably the bill turning over to the Modern
Woodmen at Hill City, S. D., certain public
land to be used for cemetery purposes by
that order.
The first bill introduced by Senator Clapp
provides that the secretary of the treiasury
shall retain possession of the old public
building at St. Paul, which is to be applied
to such governmental uses as may he here
after determined.
Representatives Gamble and Burke to-day
presented a memorial of the South Dakota j
legislature praying for a continuance of the '
Sisaeton Indian agency. The item for this :
was inserted in the Indian bill in the senate i
and it will remain.
The sundry civil appropriation bill reported |
late to-day carries the following items for j
northwestern public buildings: Clinton,
lowa, completion, 151.000; Fergus Falls, com
pletion, $37,500; Oskaloosa, lowa, completion,
$23,000; Yellowstone Park, $118,000, an increase !
of $58,000; Duluth, continuing harbor im- j
provements, $320,000; lock and dam No. 2,
continuation of improvements between twtu
cities, $157,000; surveys northern and north
western lakes, $100,000.
DARK FOR PAULSON
His Stories of His WheVeahonta
A/ter the Murder Contradicted.
Special to The Journal.
Alma, Wis., Feb. 4.—Testimony has been
introduced in the Paulson murder case show
ing that a skiff was taken fpom the landing at
Stockholm on Lake Pepln, about five miles
from Paulson's home, on the evening of the
murder, and found next morning at Lake
City, across the lake. Mr. Cox and other*
swore that they saw the defendant at Lake
City on the evening of June 16, the day of the
murder. This is contradictory to the story
told by Paulson shortly after the murder.
Witnesses from Red Lake county, Minn.,
where the defendant went after escaping
from the Durand jail, testified to his spending
several $20 gold pieces while there before be
ing rearrested, while the marshal of Pepin
swore that Paulson told him two days before
the murder that he hadn't a dollar in tho
world. Among the money taken from the
Seldon house were thirteen $20 gold pieces.
CUTS OUT AN ELECTION
McDoagaU'R Bill In South Dakota to
Be Reported Favorably.
Special to The Journal.
Pierre, S. p.. Feb. 4.—The house ju
diciary committee will report favorably
McDougall's bill providing for the elec
tion of supreme and circuit court judges
at the regular general elections.
It is practically settled that Editor
Shepard of Howard will be deputy insur
ance commissioner.
Christiania—The premier will ask the storth
ing to vote 20.000 kroner to relieve the storm
ruined districts in northern Norway,
In Scotland,
And In India.
NATIVES TAKE HAND
They Rise Against the Insurgents
on the Island of Mindoro.
BATAAN REBELS GET NOTICE, TOO
i
It They Do \«« <V.i«e Operations in
' a Week the Natives /Will. Help .
Capture Them. >i «..' •>,'-'■'f'
Manila, Feb. ■ 4.—Natives have reported
at Batavia that a week ago the natives
of the island of Mindoro rose against the
insurgents and killed the"insurgent gov
ernor. There are no troops at Mindoro. . |
The federal • party -of Bataan province,
I including the presidents of each pueblo,
: met at Orani yesterday and resolved to
notify the insurgents of Bataan that they
must cease operations within a week or
: the j people will assist the Americans to
capture them. -~e :: . :-■>:;•
The provincial government bill will be
passed Wednesday and soon afterwards
the commissioners will begin their tour
or organizing provincial governments in
those provinces of southern Luzon which
General Mac Arthur and the commission
ers consider sufficiently pacified.
MABIM'S CASE
Secretary Hoot Replies to tlie Senate
Itesol nt ion.
Washington, Feb. 4. —Secretary Root has
answered the senate resolution calling for
a statement as to why the Filipino leader,
Mabini, had been deported to Guam. He
says:
A. Mabini is a prisoner of war captured
Dec. 10, 1899. While such prisoner, he was
found to be maintaining correspondence with
insurgents engaged in armed resistance to the
authority of the United States, and his place
of confinement has been changed from Manila
to the island of Guam.
The secretary copies of the
telegrams, including one from General
Mac Arthur, dated Dec. 25, which says:
Expectations based on result of election
have not been realized. Progress of pacifica
tion apparent to me, but still very slow. Con
dition very inflexible and likely to become
chronic. I have therefore initiated a more
rigid policy by issue of proclamation enjoin
ing precise observance of laws of war, with
special reference to sending suplies and in
formation to enemy^in field from towns occu
pied by our troops, and also warning leaders
that Intimidation of natives by kidnapping or
assassination must sooner or later lead to
their trial for felonious crimes.
It is difficult to convince people, especially
natives, that any of the volunteers will be
replaced. Early information of purpose of
department in regard to army legislation and
the prospect of the passage of an army bill
would greatly strengthen my administration
here.
In another telegram General Mac Arthur
says:
Mabinl deported, a most active agitator;
persistently and defiantly refusing amnesty
and maintaining correspndence with insur
gents in the field while living in Manila, L,u
son, under protection of the United States;
also for offensive statement in regard to re
cent proclamation enforcing laws of war. His
deportation absolutely essential.
JAPANESE IMMIGRATION
Mikado's Conool Leaves for Ottawa
to Secure a Veto.
Special to The Journal.
Vancouver, B. C, Feb. 4.—Consul Shimizer
of Japan has left here for Ottawa in order
to secure the Canadian government's veto
on British Columbia's legislation in restric
tion of Japanese Immigration and labor. He
will, it is feared, succeed, as eastern Canada
has no real knowledge of and little sym
pathy with British Columbia's attitude in
iegard to oriental immigration and settle
ment.
Meanwhile, however, Japanese immigra
tion to British Columbia is almost suspended,
and the white fishermen of the salmon in
dustry hope that they may this season ob
tain a fair amount of employment, instead
of being ousted by hastily and illegally nat
uralized Japanese.
HAVE YOU NOTICED?
Philadelphia Press.
"This snail-like pace," growled the first
trolley car passenger, "is enough to rile a
saint."
"Yes, these cars are peculiar," replied the
phllospohic man. "When you're in a car it
simply crawls, but when you're tryiug to
catch it it flies along at top speed."
THE LAW VIOLATED
Letter by Public Examiner Pope to
Hennepin Co. Commissioner.
IT RELATES TO OVERDRAFTS
Tliene Are Sni<i to Have Been With
out Authority—A Reply Be
ing' Framed,
A bomb shell has been exploded among
the county commissioners of Hennepin
county by the receipt of a letter from E.
M. Pope, the state public examiner, calling
attention to the fact that certain subdi
visions of the county revenue fund have
been overdrawn and to the law regarding
drafts upon the funds. The county com
missioners have had the letter under se
cret discussion, but as yet have not made
public either the letter or the reply they
are framing. It is not even known what
line their reply will take, but it is under
stood that it will be an attempt to show
that the examiner is wrong.
The Letter.
The letter, which is addressed to Chair
man Sweet, is as follows:
Dear Sir —I have before me the statement
showing the amount credited to each of the
subdivisions of your county revenue funu,
which amounts were available for use during
the fiscal year 1900. I notice in several
cases that you have overdrawn some of these
; funds, which I deem a violation of the provi
sions of chapter 31 of the general laws of
1899.
The fund for salaries and fees was
overdrawn $2,306.39
Books and printing 1,630,02
Interest on C. H. & C. H. bonds 1,353.75
Emergency fund —
For books and stationery 721.09
For books and printing 2,182.04
For incidentals 2,348.26
Contrary to Latv.
I These are in my judgment all made without
i authority of law. The wording of the law
i concerning the emergency, fund is:
"But no money shall be expended from
the emergency fund except in cases of actual
emergency arising from unforeseen demand
upon some other designated fund which has
become exhausted."
I do not think that a demand created by
the voluntary action of the commissioners
during the year could be considered as an
unforeseen demand.
Concerning the overdraft pt interest I find
that it is impossible that an error has been
made in charging the several funds,
as the total of the four interest funds shows
no over payment, but if no error was made,
I am disposed to condone an over payment
of interest on bonds, and would suppose
that may be a case where the emergency fund
might properly have been used as a cor
rection for errors in figuring the interest.
Doesn't Intend to Proneeute.
I also wish to call your attention to the
provisions of section G of chapter 31 of the
general laws «X 1899. This department has no
intention of instituting prosecution against
county commissioners under the provisions
of that section, but I feel free to say that
tho conduct of the commissioners should be
such that no party could find justification
for commencing such prosecution if they de
sired.
AYe are now enforcing a system of ac
counting in the county offices which was
long ago ordered, and I think the results
will help you to a clearer understanding of
the condition of each of the funds at all
times. I should say that I have every reason
10 believe that the county treasurer and
the county auditor are entirely in accord
with this system.
I would* be obliged if you will acknowl
edge receipt of this communication, and
submit «it to the board of county commis
sioners at their next meeting.
To-day's Board Meeting.
Bonds in the sum of $30,000 of the
Tribune company for publishing the
forthcoming delinquent tax list and the
proceedings of the board were approved.
The bill of the Tribune company for
printing an abstract of the votes at the
primary election, amounting to $135 was
turned down, the attorney of the board
giving it as his opinion that there is no
law authorizing the publication in ques
tion.
FIRST INFERENCE.
Indianapolis Press.
First Politician—Did you see that Weisaker
has been announced to discuss a few public
questions from a high moral plane?
Second Politician—Yes. I wouder what tbe
eld geezer is sore about?
10 PAGES-FIVE OCLOCK.
FRANK H. HAMILTON
IS NOW ON TRIAL
Man Accused of the Murder of Leonard R. Day
Brought Before Judge Brooks
This Morning.
Great Crowds Strive for Admission—E. F. Pa
body, First Talesman Called, Is
First Juror.
The curtain in the second act of the
West hotel tragedy was rung up this
morning. A crowd began to block the
corridor outside the main courtroom by
9 o'clock, an hour before the time set
for the trial of Frank H. Hamilton,
charged with the murder of Leonard R.
Day.
The throng steadily increased until it
overflowed the passage way and was com
pactly massed on the broad stairway. All
confusion was avoided when a deputy
sheriff took his stand at the main entrance
to the room at 9:30 and quietly began to
admit the audience. Those who had au
immediate interest in the case had a hard
time squeezing their way into the room
through the crush. Those who had only a
curious interest in the drama were
forced to form a "box office"
line in the pasage and await
their turn to pass the guard. People
stubbornly contested the right to prece-
FRANK H. HAMILTON, THE DEFENDAX T, AS HE APPEARED IN THE COURT
ROOM TO-DAY.
denc£ in the line. The most aggressive
ones were two women. The proverbial
curiosity of women was not much in evi
dence. There were only a few others of
the fair sex in line. They seemed almost
ashamed of their presence and were care
ful to take back seats where they were
least conspicuous.
All of the seats in the room except the
three front rows, which had been reserved
for the witnesses, were occupied soon
after the doors were opened. The stand
ing capacity of the galledy was also being
taxed to its utmost.
A big delegation of newspaper men were
on hand early, and were assigned to spec
ial seats near the judge's bench.
Hamilton Is Brought In.
Frank H. Hamilton was brought in
quietly by Deputy Sheriff DeLaittre a lit
tle before 10 o'clock. Clean shaven, and
attired in a natty blue tweed suit, he was
the picture of self-possession. He chatted
pleasantly with those about him, and
exchanged greetings with his newspaper
friends, who crowded about him and
pressed his hand. „ He was accompanied
by Robert L. Penney, who, with Frank J.
Nye, will defend him.
Hamilton has contracted the grip, and
although he looks well, complained of
feeling badly. He says it has centered in
his back. He is thinner than at the time
of the arrest and his face has lost some of
its fullness. In the interim between his ar
rival and the opening of court he busied
himself consulting one of Mr. Penney's
voluminous books.
"I'm looking up the law in the case," he
explained.
Hamilton's Fifty.
An idea of the prisoner's easy state of
mind can be had from the fact that during
the last few days of his confinement he has
been contributing to the "native drama."
He has written a curtain raiser, entitled,
"Driftwood," born of his experience in the
county jail. Harry Corston Clarke, of the
"What Did Tomkins Do?" company, now
at the Metropolitan, ie said to have ex
pressed the wish to use the piece with his
larger production.
"It's a lot of rot," is Hamilton's criti
cism of his first dramatic creation. "It
might be called a 'crust of society' skit.
I wrote it just to kill time, and you know
I've had an awful lot of that commodity
to squander."
The Rev. William Wilkinson, who has
taken a close interest in Hamilton's wel
fare since his incarceration, was one of
the first to enter the courtroom.
The Attorneys Appear.
County Attorney Fred Boardman and
Al J. Smith, first assistant, arrived early.
A large delegation of attorneys, to whom
the purely legal aspects of the case ap
peal, strolled familiarly about the en
closure or took seats assigned to them
in the front rows in good season.
The only.witnesses whose testimony will
be of any importance on hand before the
opening of court were ex-Detective Joe
Lawrence, who arrested Hamilton the
night of the stabbing, and Charles Ferris,
billiard attendant at the West hotel. Ex-
Chief of Police James G. Doyle, had a front
seat.
There was a thin showing of ac
quaintances of the principals who have
more than a passing interest in the case.
West Hotel circles were scarcely repre
sented; none of Day's friends were in at
tendance.
The impaneling of juries in other court
rooms greatly delayed the case.
His Honor Comes.
Judge Brooke entered the courtroom at
11:20. The members of the petit jury filed
In simultaneously and took the seats re
served for them. Deputy Sheriff Gordon
Bright rapped for order and Judge Brooks
called:
"The case of the state against Frank H.
Hamilton."
"Ready, you honor," said the county at
torney.
The court appointed Lewis R. Larson,
Samuel L. Baker and Elijah Barton as
triers.
He gave the attorneys for the state and
counsel for the defense their instructions
es to the lines along which they were to
proceed in calling a jury.
The first man called was E. F. Pabody,
of 28 Thirteenth street S., a draughtsman
in the employ of the Gillette-Herzog com
pany. Mr. Penny explained the nature to
the case, reading the indictment charging
Hamilton with having murdered Day on
Nov. 25. Hamilton leaned forward, his
face resting on his hand and attentively
watched the proceedings.
Mr. Pabody had known "Gene" Day, a
• nephew of Leonard Da£, for fifteen years.
They had boarded at th^e same place. He
had seen no member of the Day family
since the stabbing. He was also acquainted
with the parents of Eugene Day, but knew
no other relatives of deceased.
M. Penney challenged for actual bias,
which was denied by the prosecution. He
had read an account of the homicide, but
nqt all of the accounts. He had taken a
specia.l interest in the case. He had read
about the coroner's inquest and it had
been discussed in his family. He could
not state positively as to whether he had
formed any convictions as to the guilt or
innocence of the defendant. He had re
ceived an impression as to the guilt of
"some one" present, but it "hardly
amounted to an opinion." He was not
conscious of any leaning for or against
the accused.
"Do you think you could try this case
fairly, unbiased and unprejudiced, consid
ering jour condition of mind bearing on
U.?" asked Mr. Penney.
Pabody Thinks He Won't Do.
"No, 1 think not."
"Do you honestly feel that you could
act as a juror and render a verdict with
out being influenced by anything you have
read or heard about the case?"
'"No sir."
"You have some doubt about your abil
ity to do so?"
"Yes, sir."
"Do you have a serious doubt about
your ability to return a verdict solely on
the evidence submitted in this case?"
"I don't know that they are sefious
doubts; I have certain doubts."
"Challenge withdrawn," said Mr. Pen
ney.
Pabody Is Juror No. 1.
The state had no challenge to make and
Mr. Pabody was sworn as the first juror.
Charles T. Waterbury was called next.
He lives at 3600 Nicollet avenue, and is
assistant manager for the J. I. Case com
pany. He knew Leonard R. Day by sight,
and had known his father years ago, but
not personally. He had not seen the son
in years. He had expressed an opinion
as to Hamilton's guilt or innocence. It
would take strong evtflence to remove it.
Mr. Waterbury was excused.
Edwin H. Lindsay of 2207 Portland ave
nue, a clerk for Lindsay Brothers, was the
third man called. He was acquainted
with Eugene Day, W. H. S. Day, Frank.
Fred and Addie Day. He had gone to
school with 'Gene Day. He knew Bert
and Al Robinson, uncles of Leonard, but
had seen neither since the murder.
Mr. Penney challenged for actual bias, [
which was denied. Mr. Lindsay. had read
of the case and had discussed it. It would
take strong • evidence to remove that
opinion. He was excused.
Koon Recess.
-An I adjournment was then taken { until
2 o'clock, the sheriff being. instructed: to
take charge of the single juror and ' allow I
no one to communicate with him during
the noon recess. >■%"-■■•
Leonard Day's Grandfather.
•,,-. A white-haired little old . man occupied;
a conspicuous seat by the side of the
state's atorney upon the resumption of the
case this afternoon. His frame was almost
bent double ; with : the \ weight of years and it
he f shook as with \ the palsy. He I watched ■ ?
the trend of the case with the utmost in
terest. HSSHMB^SSBI ■■-■''■ '■'■■■■
"I > am Leonard •■ Day's grandfather," he . •
said in a voice ,trembling> with emotion.
It was J. L. Day, one of Minneapolis' pi©- -
