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hardly borne out by the testimony of the !
Mr. Bennett told, with dramatic effect,
how he found Hamilton at Day's side
and how Hamilton, had helped in the at
tempt to resuscitate the dying man, open
.ing his coat and chafing his feet.
Prayer for Dying- Day. "
1 "When it became apparent that Day was
dying," Bald Bennett, "I said: 'Boys,
we'll offer a" prayer.' I knelt down and
Hamilton dropped on his knees by my
Mr. Bennett's statement explained in
part why every one was in such a hurry
to leave the room after the last clinch
between Day and Hamilton. It seems
that Steve . O'Malley, the decrepit night
watchman, became officious and ordered
every one out of the room. Barber alone
had remained and called Bennett back. .
Ferris' testimony as to ■ the number of
men in the room conflicted with Bennett's
Day, Force, Gary, Evans, Canfield, Ham
ilton, Bennett, Barbe, Reul and another
traveling man were the only men there,
he said.. .', , --. - < ,
■ Ray li. Evans, the young grain man. was
evidently In a hurry to get through his
testimony. He took a running start when
Al J. Smith got him going for the state,
and never stopped until called to an
abrupt halt by Mr. Nye.
An to Drinking; Capacity.
As was the case with his friend Ralph
Gary Saturday, bis testimony had to do
largely with his drinking capacity. His
normal register was not called into ques
■ tion so much ,as his record the night of
Nov. 25. With Gary he dined at Schiek's.
Then they went to Frank McCormick's on
Sixth street. They drank 'high ball*"
after the show at Steam's, again at
Starr's saloon, where they met Hamilton,
and finally at the West hotel. :
Mr. vans was indignant at Mr. Nye's
Insinuation on cross-examination as to
his ability to "hold his own." He re
garded the question as to his condition I
"drunk or sober?"— as impertinent.
He finally created considerable amuse
ment by appealing to the court to call off
"Your honr," asked the young man
I*!* JUd?. 6 BrOOks ' "are such S£
A Very. Quiet Affair.
Mr. Evans was indignant at Mr. Nye's
CRUSH OP CURIOUS SIGHTSEERS
Hard Struggle for Places in Line-Bennetts Realistic Account of the
An eager throng fought for a place in
line at the Hamilton trial this morn-
The crush of curiously inclined humanity
■was something unprecedented, and it was
all that Sheriff Megaarden and his full
lorce of deputies could do to maintain
anything like a semblance of order.
The crowd set in as early as 9 o'clock,
and in the long stream of humanity that
crowded around the door and formed a
line five and six abreast in the corridor,
extending from the courtroom to the ele
vator, were many young girls and women
who stood in imminent peril "of having
their hats and portions of their clothing
torn off. In the crush that ensued just
before the doors weTe opened, one woman
had her cloak torn off, and in Ms desperate
struggle to get it, one man was separated
from a portion of his shirt.
During the struggle. Chief Engineer
Robertson, who was assisting in the at
tempt to preserve order, was pushed up
against the wall and almost had his neck
dislocated. As it is he will not be well
for some days to come.
The crowd was a good-ihumored one, and
laughed and chatted in a manner to indi
cate that they were going to a circus in
stead of the trial of a man whose life is
La Gali ionne's First.
Occupying one of the most conspicuous
■eats in the room was Richard Le Gal
liene, the poet, whose picturesque per
sonality is now sb fruitful a theme for
newspapers throughout the country.
"This is not only the first American
murder case I have attended," said Le
Gallienne, "but it is also the first murder
trial I have ever witnessed. I shall be
doubly interested on that account."
Ali the principal witnesses were pres
Another relative of Leonard Day, pres
ent for the first time this morning, was
J. L. Day, his half brother—a white
haired man, old enough to be his father.
Bennett the First Witness.
William G. Bennett, a traveling man
from St. Louis, was the first witness put
on the stand by the state this morning.
He testified that he was at the West hotel
on the morning of Nov. 25 last. He saw
Leonard R. Day taere between 1 and 2
that morning. There were several with
him, but the only one he knew then was
Mr. George. He had since becaome ac
quainted with Caafleld, Hamilton, Force
"Well, that will do—What attracted your
attention to the party?"
"My attention was attracted to them "by
Mr. Day addressing Hamilton. He was
standing in front of Mr. Day. I heard
Day say 'You are the man I am looking
for.' I did not hear Hamilton's answer;
the talk was regarding some woman—l
didn't hear her name or what the talk was
about. They talked for two or three
minutes. I went over to another table
(indicating on the diagram the second
table in the second ro»w of pool "tables).
The men scuffled some and fell to the
floor, or partly on the floor. Mr.
George separated them.
"It was about five or ten minutes after
the conversation about the womaai that
Mr. George separated them. About that
time I went out. I was ordered out
by O'Malley, the officer. I went to the
bar and was called back by a man named
Barbe. He is a traveling man working
with me. Don't know where he is now or *
where he lives.
The Death Scene.
"I was at the entrance of the barroom
when Barbe called me back. Day was on
the floor between the second and third
tables. Barbe had hold of his right hand
holding him up.
"Hamilton was not there. I rubbed
Day's left hand and went back to the bar
room for brandy. I didn't see Hamilton.
I could not get any brandy and went back
to Barbe and Day. Hamilton and Can
fleld were there- I instructed them to
slap Day's hands and take off his shoes
and rub his feet as he was getting cold.
"Hamilton was standing there and so
was Canneld a few feet away. Neither
said anything. I first spoke to them. I
* 'He Is Dying.*
"Hamilton said. 'Is he?' and reached his
hand over on his breast. They continued
to rub his feet ai*l apply hot "water.
"About ten minutes after I made the
statement the doctor came and about five
minutes after that Day died. I said:
"Let Is Offer a Prayer."
"1 knelt down and Mr. Hamilton knelt
by my side. The prayer was a silent one.
An officer came after awhile and stood by
Hamilton and Canfleld. I did not hear
Hamilton say anything to the officer. I
would not recognize the officer now. I did
not hear Hamilton say anything after that
Hamilton was with Day about fifteen min
utes after I came from the barroom. He
tried to restore him, feJt of his heart and
worked with us.
"I had no knife, nor Mr. Barber, thai
I know of. We had no trouble with any
one in the room that morning."
< row-Examination of Bennett.
On cross-examination by Mr. Penney
Mr. Bennett said that there were between
fifteen and twenty people about the bil
liard table during the trouble. Day was
standing near the first table. They were
partly on the floor when George sepa
rated them. There was a row elsewhere
in the room, much swearing and a dis
turbance between other parties (Evans
no loud conversation or swearing. If any
one did any loud talking, he frankly ad
mitted, it must have been himself—after
his head was cut.
He explained that he received the cut
as his head struck the wall when Charles
Force pushed him back In his neat. He
saw nothing of the difficulty between
Hamilton and Day. He denied having
said anything about cutting Force, but
might have threatened to shoot him.
To Prove Day Wan Aggreauor.
Mr. Penney's questions in the examina
tion of Ferris as to what Day did with
his billiard cue intimates that the de
fense has not abandoned the intention of
showing that Day was himself the aggres
sor, and provoked the attack by first
Miss Caroline Slagle was inside the rail
this morning. She was dressed in the
same costume which distinguished her
Saturday—a black velvet creation, with
white lace trimming and an Elizabethan
collar and a huge Gainsborough hat. She
was perfectly at ease, smiled continually
through the session, and scarcely took
her eyes off Hamilton, whom she re
garded intently during the porceedings.
Crowd Waita for Hamilton.
The crowd waited patiently long after
adjournment at noon to get a glimpse of
Hamilton at close range. The deputy
saved the prisoner the embarrassment
and spirited him out through the judge's
Women crowded around him in the
main room and stared him out of counte
"Poor fellow," was their invariable com
Le Gallienne'a Continent. ,
"What comparison have you to make
between English and American courts?"
was asked of Richard 1a Gallienne, the
poet, after the noon adjournment.
"I believe the American court is the
more impressive," was the reply. "In
England, you know, the judges all wear
wigs and it seems odd not to see Judge
Brooks with false hair. But I believe the
simplicity of procedure here is more im
pressive. It is more business like. It i«
democratic, to say the least. This is a
most remarkable case. 1 must write Conan
Doyle about it."
and Force). I went out, because I was
ordered out. Only saw one scuffle be
tween Day and Hamilton. I had known
Mr. Barbe about six weeks. This was my
first trip with him. I traveled with him
and stopped at same hotels whenever we
"Yes, I knew Mr. Day; had met him in a
"No; cannot say that we were friends."
"Well, there was no particular reason
why you should not be friendly toward
Bennett denied having told a deputy
sheriff that Barbe would not be at the
This brought out the interesting state
ment from the county attorney that his
predecessor had summoned Barbe, who re
plied he would not bother with the case
unless traveling expenses were sent him.
Kay Evans Testifies.
Ray Evans was called. He was late in
arriving, and Steve O'Malley, the West
hotel watchman, was about to take the
stand when Mr. Evans arrived. Mr. Evans
gave his address as 1806 Hennepin avenue.
He is in the grain business and works in
the Flour Exchange.
Mr. Evans described his movements the
night of Nov. 25. He met Hamilton at
Starr's saloon and, with others, accom
panied him to the West hotel.
They went into one of the "Dutch"
rooms, which, separate the bar from the
Hamilton bad already entered the bil
liard room when Evans arrived. Evans
addressed Day, with whom he had been
acquainted for two years.
"I introduced Hamilton to Day," said
Evans. "I said: 'Hammie, let me intro
duce you to Mr. Day.' They shook hands.
As I walked away I heard Day say 'I
understand that you—' That was all I
could get. When I entered I understood
Mr. Force haid said something derogatory
about me. I asked Force if he had any
thing against me—if so I wanted to know
what it was. He said:
Force "Hustles" Evans.
' 'Sit down, I don't want to have any
thing to do with you.' He finally shoved
me into my seat so hard that my head
■was cut as it struck the wall. I started to
resent his assault, having done nothing to
bring it an. Mr. Gary told tne that was
neither the time nor the place for trouble
with Force. He got me out of the room
and when I started back a bellboy told
me not to go in as there had been .trouble.
The state's examination of Evans was a
brief one necessarily, as he had seen
nothing that could throw any light on the
affray which resulted in Day's death.
When Mr. Nye undertook to cross ex
amine the witness he first sought to as
certain how much the latter had drunk on
the fateful night.
Drink Statistics Conflict.
The evid<mce of Evans regarding the
number of drinks taken did not quite
agree with the figures given by Ralph
Gary On Saturday, and Air. Nye thereupon
inquired If the witness had heard Gary's
testimony. He had not. The two had
met about 5:30 at the Guaranty Loan bar
ber shop, had taken a drink at McCor
mick's—a "high ball" for Evans—and had
then taken dinner at Schiek's. Before
going to the theater they had taken a
drink at the saloon across the alley from
the Metropolitan theater.
By this time Mr. Evans had grown much
exasperated over the minute manner in
which the state was examining into his
movements and he turned to Judge Brooks
"Is this relevant?" he inquired, "is it
necessary to go into all these things that
we did before meeting Hamilton?"
The court could not hear the witness at
all and, after an embarrassing silence
Evans was asked if he was ready to go on.'
He was, he said.
"Where did you go after the theater?"
"We went to Steam's afterward."
"What did you have there?"
"I took two 'high balls' at Steam's."
"Then where did you go?"
"To Starr's. Yes, we were there quite
a while, shaking dice and drinking Yes
sir, I had three drinks. Not any more.'
Then we w-ent to the West hotel."
"These were all the same kind of drinks
Mgh balls?" '
"Whisky high balls?"
"Then how many did you have at the
"Now, how many did you have that
night after meeting Mr. Gary?"
"Six or seven, I should say."
"Don't you think it was nearer a dozen
Not Drunk After All.
"Do you mean to testify that yogi were
not very drunk that night?"
"As far as I know I was not," replied
the witness, quite positively. Effort was
made to. commit him to an admission that
he was in an advanced stage of intoxica
tion, but he would not concede any more
than the drinks already specified.
He said there were only ten or twelve
people in the room at the time of the row
"Were there not twelve or fifteen?"
asked Mr. Nye.
"Was there not much loud talk goinc
on in the room all the time?"
THE MINNEAPOLIS JOURNAL.
"If there was any loud talk I did It,"
answered the witness, positively.
"Don't you know that there was much
loud talk and profanity by many people?"
"No, sir, not that I know of."
Xot Much DlMturbaucv.
"Will you awear that there wag not a
great deal of disturbance?"
"Yea, Bir," was the emphatic reply of
the witness. Asked as to his trouble with
Mr. Force, he said:
"I thought I heard tome remark by
Force that was derogatory to me and I
In the passage-at-arma Evans was
pushed back in the chair with such force
as to cut or break the skin at the back of
his head. He showed the place.
"You went away without your hat?" In
quired Mr. Penney.
"I could not find It."
"Did you try?"
Didn't See the Fatal Encounter.
"I did, but I was not allowed to go back.
They said Day was hurt. I went away
without knowing anything very serious
had happened to Day."
Mr. Evans was positive that he saw no
difficulty between Day and Hamilton, and
stuck to this throughout the questioning
of the state «ud the attorneys for the de
fense. The latter especially could not see
how the witness, being, acording to his own
evidence, only a few feet away, could have
missed all that wag going on between the
"You were pretty aggressive that night,"
inquired Mr. Nye.
"Well, you said you wanted to get after
Force, didn't you?"
"Not till after my head was cut."
"And you and Force chased each other
around the table?"
"I walked around the table because Mr.
Gary and Mr. George were between us and
wouldn't let me at him."
"How much of a cut or an abrasion
"Enough to break the skin so my head
bled quite freely."
"Did you say, 'I'll cut your heart out?' "
"I made threats, but said nothing about
"Did you threaten to shoot him?"
"I may have done that, but I don't re
member doing so. I wanted to get at
Force as he had no cause to make deroga
tory remarks about me."
"Did you bleed quite profusely?"
"My collar and coat were saturated with
blood quite a lot."
Mr. Evans was thereupon excused as a
witness of the state. He appeared ill at
ease on the stand, but his answers were
promptly and clearly given, and he ap
peared to be telling all that he knew.
Mr. Xye'» Surprise.
"I learn wit surprise for the first time
that Mr. Barbe will not be called by the
state," interposed Mr. Nye before the
witness could be examined. "We had
counted on Mr. Barbe being here at the
trial and are surprised that he is not.
We regard him as a necessary and im
portant witness for h© defense, having
been an eye-witness to the affair, and we
are entitled to have his testimony. I
feel it my duty to inform the court that
we are distressed at the absence of Mr.
Barbe, and do not think that the state
has-employed due diligence in securing his
Mr. Boardman explained that the homi
cide took place before the beginning of his
term of office, but after learning that he
would be called upon to prosecute the
case, he requested County Attorney Reed
to summon all the witnesses at the in
quest. His understanding was that Mr.
Reed had issued subpoenas for all the
witnesses. Regarding Mr. Barbe he said;
"I understand that he had written some
letters In which he complained that he
had not received all that was due him at
the coroner's inquest, and that he would
not appear here again unless he was paid.
The witness is out of the state, and
Messrs. Nye and Penney know that we
have no Jurisdiction over witnesses out
side of the state."
Mr. Penney suggested that possibly the
county attorney would consent to the in
troduction of the testimony given by
Barbe at the coroner's inquest, but to this
Mr. Boardman objected on the ground that
there had been no cross-examination.
"The state has done its whole duty in
this matter." he declared, "and if any
one was derelict it is Mr. Penney him
The question of admitting Barbe's tes
timony at the inquest was temporarily
dropped, so as not to delay the proceed
ings. At the close of the morning session
Judge Brooks said he would hear argu
ments on that point at 2 o'clock.
Chas. I/. Ferris Testifies.
Charles L. Ferris, the billiard-room at
tendant at the West Hotel, was the third
witness called. He said that Day came
into the billiard-room on the morning of
Nov. 25. George and Force were with
'.ilm. Later Hamilton and others joined
the group. He heard Day say:
"I have been looking for you," but did
not hear any reply from Hamilton. Later
he heard Day say: "You are drunk. I
will fight when you are Bober." He didn't
hear them say anything more. There
was a scuffle. When he saw them they
were on the floor back of the first table
and George was helping them up.
"I then put the cues and balls in the
rack; they were not taken out again that
night," he said.
"Then, after putting a cover on the ta
bles I took a beer glass back to the bar.
When I came back to the billiard room
Day was on the floor between the second
and third tables."
"Where was Hamilton?"
"I met Hamilton and Canneld going
out as I left the barroom, but they, could
not have gone far, for ia amoment they
were right there by the rest of üb."
"When did you next see Hamilton?"
"Hamilton was sitting in the barroom
with an officer."
The witness, in naming those pres
ent limited the number to himself. Day,
Force, Gary, Evans, Canfleld, Hamilton,
Bennett, Barbe, Ruel and a traveling man
who was playing pool. The latter went
out about the time Hamilton came in,
Ruel went out before the , row. There
were no other people in the room.
Ferris f rosa-Exanilned.
Cross-examined by Penney the witness
said that George reached down and helped
Day and Hamilton up and he didn't
think George parted them.
"Where aid Mr. George go then?"
"I don't know."
"Did you see any handshaking?'
"I am not positive that I saw them
shake hands, but I think they did."
"Did you put all the cues in the rack?"
"Every one of them."
"Where was Mr. Day's cue?"
"I found it on the table. Mr. Day used
a private cue, and I put it in a private
ma Ferris Contradict Himself?
The defense tried to show that there
was a conflict between evidence given
this morning by the witness and his tes
timony before the coroner's inquest. It
appears that he then testified ttoat he had
only put away some of the cues and balls
before going to the barroom. Witnes3
was positive, however, that he had put
everything away and locked up. He would
not admit that he had forgotten and was
sure that he had done so because it was
hie usual custom.
"I had no difficulty or fight with any
person that night," he said in response
to a question by Assistant County Attor
"Did you have any sharp instrument
with you that night?"
Mr. Penney then said: "Mr. Day had
"He had recently returned from New
York —not over a week before. Yes, he
talked with me about Hamilton. I said
I knew a newspaper man by that name.
He said: 'That is the fellow. He has
made some cracks about me, and I would
like to see him.' "
An Important Statement.
The witness recaHed that when Mr.
George lifted the men up from their first
scuffle. Day said: "He did not catch me
fair. He had his hand on my neck."
He knew George, Force and Bennett.
They w«re guests of the hotel, Mr. Ben
nett whenever he came to town.
Ferris said that Hamilton bad his coat
on all th« time he wa3 in the room, but
he did not recall whether it was but
toned or unbuttoned. After a few minor
questions, which revealed nothing new,
the billard-room attendant was released
and the court adjourned for the noon
ANOTHBR 810 CROWD
Thl« Afternoon* Sea»iou Calls Oat
an KiiKor Throng.
Hundreds were turned away unable to
gain admission this afternoon. There was
no room inside unless they were allowed
to stand in the aisles which was against
orders. They relaxed their vigilance suf
ficiently to permit a line of wall flowers.
(•ally Dremieil Women.
Gaily dressed, handsomely gowned
women had pre-empted the front seats.
They had all the points of vantage in the
room. They craned their necks incessant
ly in their determination that not a scene
in the legal pi ay should escape them, and
turned their heads from side to side to
give their ears a better chance.
Some women in the first rows observed
the etiquette of the theater and removed
On the opening of the afternoon ses
sion Mr. Penney moved the court that
the county attorney be required to secure
the attendance of Mr. Barbe as a wit
ness. The only reason given for Mr.
Barbe a absence was that he wanted his
expenses paid. There were provisions in
the tsatutes for paying the expenses of
The court intimated that it might be
Physically impossible to secure the «t
--ten?* °cc of Mr. Barbe, and the court
could hardly force the county attorney to
"The defense knew at the inquest, two
months ago, that Barbe "was a very
necessary witness," explained the county
attorney. 'They have had as much chance
to get him as we have. If they desired
his presence so much and he was so ma
terial to their side, they should have se
cured his attendance."
Mr. Penney stated then that among the
names of the witnesses called at the apen
ing of this term of court was that of A. M.
Barhe. He had every reason to believe
that Barbe would come. The defense had
relied on the witness being present and if
all that was necessary to secure his at
tendance was to pay his expenses the state
shouid take the necessary steps to get .him.
Judge Brooks could not see the matter
in that light and demurred at this posi
tion. Then Mr. Penny said:
To Force the State.
"The defendant now moves that the
county attorney be. required to secure the
the attendance of A. M. Barbe as a wit
"Denied," said the court.
"Exception," noted Mr. Penney.
The reason for the court's action is
probably the fact that Mr. Barbe is out of
the state. He has been served with a
subpoena, however, and should he ever
come to Minnesota again he may be pun
ished for contempt of court.
Watchman O'Malley Testifies.
Stephen O'Malley, who has been watch
man at the West hotel sixteen years last
July, was called at the first witness of
the afternoon. He said that he heard a
noise in the billiard room and went In.
He was called in. This was between 1
and 2 o'clock, posibly about a quarter to
2. He saw George, Force, Barbe, Bennett,
Day, Evans, Gary, Hamilton and Canfleld,
but not Ferris or Fitzgerald. There were
seven or eight, he thought.
Hamilton on Top of Day.
"I saw Hamilton on top of Day," he
said", "but I saw no blows struck at all.
At that time Evans was struggling with
Force and I caught him and put him out.
He was noisy and drunk. He swore he
would shoot Force and cut his heart out.
I put him out but he wanted to get back
at Force all the time.
"I came back to the room In three or
four minutes. Day was lying on the floor
between the second and third tables. He
was alive bat was not moving. Bennett,
Barbe, Canfield and Hamilton were there."
"Who arresu>d Hamilton?"
"Why did you arrest him?"
"Canfield told me 'Hold on to that
man,' and I did so."
"What did Hamilton say?"
"He never said a word."
"Did he ask you why you held him?"
"No, sir; not a word."
"What did you do with Hamilton?"
"I kept him until Officer Rooney came
and turned him over to the officer."
"Did you hear Hamilton talk to any
"Not a bit to anybody."
The Knife Is Shown.
"Have you ever seen this before?" asked
Mr. Boardman, producing a big wooden
handled knife with a large, toroad, rusty
"I found it on the floor about six inches
from Mr. Day's right side. I reached oVer
and picked it up and put it in my pocket.
I positively recognize the knife."
On cross examination Mr. O' Malley con
tinued to describe his gyrations with
Evans. He had his hands full trying to
eject that lively young «nan, who was
spoiling for a fight. He had turned Evans
over to the bell boy, Fitzgerald, outside
the billiard room and returned in time to
see Day swooning on the table.
The Mysterious Strangrer.
When he came back to the room he saw
in addition to the others, a man standing
near a billiard table whom he did not
know and had not seen before.
"A strange man, eh?" said Mr. Penney
with a significant emphasis on the
The witness described the stranger as
being a "slim, tall man, with iran gray
mustache, weighing about 150 pounds."
Mr. Penney then read from O'Malley's
testimony at the inquest and asked him to
corroborate it in detail.
Ah to To-morrow,
Some doubt was raised in the minds of
counsel both for the defense and prose
cution to-day, as to the propriety of pro
ceediDg with the trial to-morrow, which
is the anniversary of Lincoln's birthday.
So far as public business is concerned, it
is a legal holiday.
It is understood that County Atotrney
Boardman is anxious to go right along
with the trial, but Atotrney Penney said
to a reporter this morning that he favored
on adjournment until Wednesday. Just
what view Judge Brooks will take re
mains to be seen.
FORCE A.MJ GEORGE
A Summary of Their Testimony on
Only in trifling details did the testi
mony Saturday of Fred H. George and
Charles E. Force, two of the state's star
witnesses, differ from that given by them
at the coroner's inquest.
Interest centered around the evidence
of Mr. George, who twice separated Ham
ilton and Day, and in parting them the
second time claims to have been cut him
Mr. George testified that the game of
billiards was just about finished when
Hamilton and his companions entered. He
heard Day say: "Did you tell a certain
party that I was diseased? I told her
I would call you when I saw you." Ham
ilton admitted having made the accusa
tion. Mr. George was not paying much
attention to them a little later when they
came together in a clinch and fell to the
floor, with Hamilton on top. He separ
ated them and told them they could not
They stood up with their backs to the
table. He heard Hamilton say to Day:
"You are a cad and a cur." Day replied:
"It doesn't make any difference what you
say now; you are drunk and I am sober.
Some other time I will settle it with you
on any proposition you want."
Hamilton agreed to this, and they
About that time Canfleld led Hamilton
out of the room, and Mr. George had his
hands busy for a few moments trying to
settle the dispute between Force and
Canfleld came back into the room, leav
ing Hamilton at the entrance and yelled
at him: "You stay out there." George
Judge Noyes Is Censured by
the San Francisco
Alexander McKenzie's Sen
tence Is One Year in
San Francisco, Feb. 11. —In the. con
tempt porceedings against Receiver Alex
ander MoKenzie of Nome City in the
United States circuit court of appeals to
day, McKenaie waa sentenced to serve
one year's imprisonment on two counts,
and Judge Noyes, who appointed McKen
zie to his office, was severely censured
by the court ofr alleged complicity in
remarked that Hamilton was drunk, and
advised Canfleld to take him home.
The Fatal Scuttle.
Mr. George was still trying to pacify
Evans and Force when Hamilton and Day
were again struggling. Mr. George saw
them fall and again interfered. They
were on their feet when he reached them.
He pushed them about five feet apart.
Immediately after he felt a twinge in
the thumb of his right hand and discov
ered he was cut. He walked between the
men whom he had just separated and
went to th© toilet-room to wash his
He swore positively on cross-examina
tion that he could not tell from which di
rection he was struck, and was equally
positive that,he had seen no knife in play
during the evening.
Mr. George contradicted himself in one
instance, but hastened to correct himself.
During the first scufHe, he said, Hamilton
had his arm around Day's neck. He im
mediately recalled the statement and add
ed that the men simply had hold of each
Asked why it had not occurred to him
'after he had been cut that some one
else might have been injured, Mr. George
said that the combatants appeared to be
uninjured when he left the room. He
supposed he was the only one hurt. As
he went out he met Steve O'Malley, the
night watchman, entering the room and
supposed there would be no further trou
ble. There were other men in the room
and he supposed they would prevent any
Mr. George denied that every one in the
room was somewhat under the influence
of liquor. He had only "four or five"
glasses of beer himself.
Force's Testimony Reviewed,
Mr. Force's testimony had to do mostly
with his fight with Evans, which he in
sisted was entirely separate and distinct
from the Hamilton-Day altercation.
The game was interrupted by the con
versation between Hamilton and Day.
Day said: "You are the party I have
RALPH L. GARY'S REMINISCENCES.
been looking for. Did you tell a certain
party I was diseased?" Hamilton ad
mitted having done so, and about that time
Evans became aggressive. Mr. Force was
trying to repulse Evans when he saw
Hamilton and Day in a clinch on the floor.
When they got up he caw George separate
them. He heard Hamilton call Day a cad
and a cur. Day Baid he would not fight
Hamilton while he was drunk. Some time,
when Hamilton was sober, he said, he
would give him "any kind of a game he
Mr. Force was busy pushing Evans into
a chair when Day and Hamilton clinched
the second time. Hamilton was standing
by one of the tables and Day was in a half
sitting posture when he saw them again.
Mr. Force remembered hearing Day
say after the first scuffle that Hamilton
had jumped on his back and almost pulled
his hair out of his head.
Cross-examined he said that perhaps
five rounds of drinks had been served be
fore Hamilton and his party arrived. He
did not know how Evans received a cut
on the back of his head. He had gone to
his room as soon as he could get away
from Evans. He denied haying discussed
his position with John M. Rees, his at
torney, immediately after the trouble. He
had accompanied Mr. George to his room
on the seventh floor and then returned to
his apartment on the fifth.
Y. M. C. A. AT MANKATO
THE AXM.U SESSION PROGRAM
It Include* a Lone List of Good
• ..--.- . t .... .......
: s Going.
The twenty-seventh annual state con
vention of the Y. M. C. A. will be held in
the new Presbyterian church at Mankato,
Feb. 14 to 17. The state committee has
just issued the program. Said State Sec
: "It promises to be the largest conven
tion in the history of the Minnesota Y.
M. C. ..A:.,- We have some of the most
prominent business men from Duluth,
Minneapolis and St. Paul going as dele
gates more ' than ever before. r In fact it
is : a business men's convention. ■ There
will- be prominent men; from the smaller
towns in the state present, too. Governor
Van Sant is going down on Thursday
night to give a few words of welcome in
behalf of the state. There are already
Special to The Journal, ■ ■.' ■
twenty-six delegates from Minneapolis,
about twenty-five from St. Paul and
twenty-five* from the university, : and the
other colleges will have larger delega
tions than ever before. The music will
be a special feature." , i
E. A. Purdy is preparing an exhibit
thirty or forty fet long of the work of the
fall and winter educational exercises. This
is the first exhibit of the kind. This work
is new and Minneapolis being in the lead
Jb naturally looked to for the initiative.
The program of the convention is as fol
Thursday Afternoon—4, prayer service; 4:15,
Thursday Evening—7:3o, service of song,
Association Male quartet, sojo, Paul J. Gil
bert; 7:45, words of welcome, F. M. Currier,
mayor of Mankato; response, I. C. Seeley]
Minneapolis; remarks, Governor S. R. Van
Sant; report of nominating commfttee and
MONDAY EVENING, FEBEUAKY 11, 19Q1.
•l ": 4&*-»jb«4b»«#4V* €*JL« _*.»..««. lfyou have't already bought |
*&€&§iB8$B& d#f OQSa * P"'r of <""- "<"-<* Star
■'-■:■ ■"•'■.'■■>■■ ■■-.■;/-- 1 ■''.'■■ .■■ ,■■• Sample Shoes,' we would
advise you to do no at oaca. They are all new stylish shoes in regular
sizes at a Imast Half Price- ._r r
LADIES' SHOES. I ME-N?e eunrc
Over 400 pairs ladies high grade > ratH 9 SHOES- : ;
shoes, with extension welt soles, or c More than 200 pairs of North Star
inediam soles, bull dog, new coin S best Men's Shoes, almost any leath
and mannish shapes—most fashion- \ «r or toe shape, all Goodyear welt
able shoes, in regular sizes, worth soles, and regular sizes, shoes that
$3.00 and $3.50 pair. A| QQ are worth $3.50 to 64.50. This is a
Ch0ice;..^."......:.. 9IBVO rare opportunity. AA PA
About 10 doz.ladies' medium weight | Ch0ice:............. vmivv
vici kid shoes, stylish shapes, excel DAVe , £»■■,»>*-*■»
lent $2.00 and $2,25 ti* « Ja *% BOYS' SHOES. .
va1ue5............:.. 91 iTO ! Boys' $1.25 satin calf lace, stylish
GIRLS' SHOES. ■ shapes, sizes 12 to 2 and 3to 6, and
In vici kid, lace or button, sizes S}4 out™, f u>° vci kid shoes,f|g» _
to 11 and UK to 2, value 98c and ' sizes 13 to 2- Choice...... if OC
$125. Choice for 790 w RUBBERS. -
Ulliy • •'' ............ 'u-^kr^J^j^.x^^,sLei£Ji'i^L rubbefs just from
STORM RUBBERS. J^^^*^*^ .« the factories in all the
New shapes, an iM^^'!^^W J, popular shapes.about
sizes, for women »»SJC< aJB^ <S« •' cost of production.
SSBft 35c WHomcTradql n f| ha rubbers,
__ --- «_,., —- ■ l_ -L.; , i *nni «Hh^ ■ *m ' -iv - % «<"j . oiiautj. < storm or
r,, c?'S'S°;....29c:;^ Shoe Store Sji regm ? r C ut, K< |
One lot girls', best qual- \ < £L\ 219-223 Nicolirt. ' W '! any size '' *' — ■ **
ity. Rubbers, all sizes,,l W.I v j UoT :" S Boys' new, rubbers
"Jut little out 19c , ; sizes 11 to- ™30?;
< »^jywwr«Wß3r- > sizes to 6.... 48c
election of convention officers. B:2o—Annual
reports of A. E. Haynes, state chairman, and
ft. H. Chute, state treasurer. B:3o—Address,
Cyrus Northrop, president state university;
appointment of committee on business, state
executive committee's report, devotional
meetings and resolutions.
Friday Forenoon —9 —"The Tool and the
Man," Rev. C. F. Swift, Minneapolis. 9:50—
Association reports. 10:45 —"The Association
as a Spiritual Force," Fred B. Smith, secre
tary international committee, New York.
Friday Afternoon—2—First Bible hour, Dr.
E. I. Bosworth, Oberlin college. 3—Sectional
conferences, college men in charge of C. C.
Michener, Chicago, secretary of international
committee, assisted by G. S. Phelps, state |
university, Wisconsin; city, town and rail- j
road conference, Thomas H. Dickson, St.
Paul, presiding. Educational Problems—(a)
"Needs and Features of the Educational De
partment," W. Y. Chute, chairman educa
tional committee, Minneapolis. 3:15 —(b)
"Means of Interesting Young Men," George
W. Asling, educational director. St. Paul. 3:25
—(c) "Organizing and Developing a Night
Class," E. A. Purdy, educational director,
Minneapolis. 3:35—(d) "Christian Work
Among Educational Department Men," B. A.
Shuman, general secretary, ' Duluth. 4 — |
"Practical Christianity," L. S. Coffin, ex- j
railroad commissioner, lowa. 4:2s—"Our
Men's Sunday Meeting"; discussion opened
by H. P. Goddard, Minneapolis, general sec
Friday Evening—7:3o—Service of song, the
Male quartet. 7:45— "The Student Brother
hood of the World," C. C. Miehener, Chicago.
B:3o—"Recent Developments,' F. B. Smith,
Saturday Forenoon—9—Second Bible .hour,
Dr. E. I. Bosworth. 9:50— "What Funda
mental Principles Should a Christian Man
Adopt Regarding His Money?" Walter N.
Carroll, Minneapolis. Report of committee
on state committee's report. 10:15—"The
Christian and His State," C. C. Michener,
Chicago. 10:45—"The Christian and His
Stewardship," F. B. Smith, New York.
Saturday Afternoon—2—Third Bible hour,
Dr. E. I. Bosworth. 2:so—"Our Obligations
to Young Men in Rural Districts," S. W.
Douglas, Dodge county general secretary.
3:10—"Our Obligations to the World-Wide
Movement," F. W. Ober, Chicago, editor of
Men. 3:35 —"The Boston Jubilee Convention,"
C. C. Michener, Chicago. Closing business.
Reports of committees.
Saturday Evening—7:3o—Service of song.
7:4s—"The Boy's Department,"' F. W. Ober,
Chicago. B—"The Association Among Rail
road Men," C. S. Ward, secretary interna
tional committee, in charge. Officials, em
ployes, engineers and trainmen will partici
pate. A unique and wide-awake service. L.
S. Coffin of lowa, known over America as
"the railroad men's friend," will speak.
Sunday Forenoon —9—Delegates' quiet hour,
O» C. Michener. 10:30—Regular church serv
ices. Delegate will speak.
Sunday Afternoon—Boys' meeting, Y. M. C.
A. building. 3:3o—Mass meeting for men, F.
B. Smith. 3:3o—Woman's meeting.
Sunday Evening—7:3o—Platform meetings
in various churches. B:4s—Farewell service,
Central Presbyterian church, in charge of
Edw. W. Peck, state secretary.
WAR IN ALL KANSAS
Saloon Crusade Extends Through
the Whole State.
'JOINTISTS' THREATEN TO RESIST
Strong Movement In Topeka Is
Plannlne to Clean Out
JV««> York Sun Special Sfvleo
Topeka, Kan., Feb. 11.—It is the gen
eral opinion here that Kansas will be
in the midst of temperance war within
a week, the bitterness and magnitude of
which will outrank anything of the char
acter in the annals of the state. From
all parts of Kansas come reports of anti
saloon organizations, which are prepar
ing to open war on the '•joints" and dives.
At a mass meeting of m#h in this city
it developed that there is a military or
ganization here which will demolish every
"joint" in the city. The organization
numbers 1,000 -.active, determined men,
and the commander is Rev. J. T. McFar
land, a well-known minister, and under
him are ten captains, a majority of them ',
The "jointists" are determined to pro
tect their property, and it is believed the
regiment they will be able to place in
the field will be as large and well
equipped as the temperance army.
CARDINAL GIBBOXS DISAPPROVES
Mr*. Nation* Tart Reply to His t rlt-
ieism of Her Method.
Baltimore, Feb. 11.—An interview with
Cardinal Gibbons on Mrs. Nation's cru
sade of Kansas and his position on the
temperance question, appeared in the Bal
timore Sunday Herald. He says:
I have never been able to convince myseif
that what we call total abstinence is essen
tial to morality. The moderate and occasional
use of alcoholic liquors is not to be con
Then, again, I long since came to under
stand that, putting aside the point of princi
ple, it was virtually impossible to enforce
a total abstinence law in a large community
or in a state. The attempt to enforce such
a law must consequently lead to one of the
worst things—illegality or hypocrisy; possi
Nothing, in any case, can, in my belief,
warrant or justify Mrs. Nation and her fol
lowers in taking the law into their own
hands. It is not the only duty of the women,
however well meaning, to defy law and de
stroy private property. By their violence
women but do unsex themselves.
Dea Moines, lowa, Feb. 11.—"When the
men of the state fail to do their duty so
there is no law to protect the women and
children from the bites of saloon
monsters, and the women must take hold
and put the men to shame," said Mrs.
Nation in reply to the criticism of
Cardinal Gibbons. She continued:
No one in Kansas now pretends that the
saloon has any rights. That is the only way
to get rid of saloons; smash them. We are
going to carry this crusade all over the
United States. We wiil never stop as lons
as a saloon is running.
I have no patience to discuss the declara
tion which Cardinal Gibbons made, that the
moderate and occasional use of alcoholic
liquors is not to be condemned and is not
immoral. He was speaking the message of
the devil. It came straight from hell, and
bow a man who pretends to be % minister
and a moral teacher oan bring himself to
I Represents a high standard of quality. 1
You can invest your hard earned
money in a Knabe piano, and feel
that your security ia as 3olid as a
Look at the Knabe displayed in our
window and hear it played upon by
the famous pianola and we leave the
verdict with you.
41 and 43 Sixth Street South
utter such shameful sentiments I cannot un
"ROASTS" HIS FATHER
Governor Stanley* Son Commends
V*te York Sun Special Sevrlo*
Wichita, Kan., Feb. 11. —In the Orange,
the students' japer of Baker university,
Harry Stanley, son of Governor Stanley,
and editor of the Orange, strongly con
demns his father's inaction in prohibitory
matters, and as strongly commends the
course of Mrs. Nation. He says, in part:
When a joint has been allowed to con
tinue in open violation of the law, as the
"Senate" in Topeka has done, almost under
the very eyes of those who have sworn to en
force the laws and uphold the coflstitutlon of
the state, then the people welcome any one
with moral courage to do what the state aud
local officers., In direct, violation of their oath
of office, failed to .do.
Commenting on this editorial young
I had my father in mind when I wrote this,
and I am sorry that he had to be roasted;
but I think he ought to have the moral cour
age to do his duty. I am not In favor of
allowing the laws to be violated, «v»n If it
will make votes.
Modern Joan of Arc
Chicago, Feb. 11.—Dr. John P. Brusblng
ham preached at the First Methodist Epis
copal church last night on "The Strenuous
Spiritual Life." He said:
"The crusade of Mrs. Nation, beginning in
anarchy, may crystalize temperance senti
ment into a catapult of orderly power to turn
the dramshop into a benefaction. Mrs. Na
tion, the Joan of Arc of modern times, is
sincere. Mrs. Naiion is to the whisky rebel
lion what John Brown was to the slave
Not With the Hatchet.
New York, Feb. 11.—Mrs. Julia B. Gates,
recording secretary of the New York County
W. C. T. U., said of the methods of Mrs.
Carrie Nation: •
"I do not approve of Mrs. Nation's battle
ax methods. Her course is opposed to law
and order, and therefore is to be condemned
by the union, because our whole fight is
against lawlessnebs. If we are ever to suc
ceed in crushing the power of the saloons it
must be by legislation, not by the hatchet,"
Wrecker* a Thousand Strong.
Topeka, Kan.. Feb. 11.— Holton, Kan., was
purged of its joints by a band of at least a
thousand citizens. Three joints were put out
of business and Holton is a dry town for the
first time in fifteen years.
Officers Will Act.
Topeka, Kan., Feb. 11.—Attorney General
Godard has appointed Judge A. L. Redden a-s
assistant attorney general for thi* <^unty to
enforce the prohibitory law. It *s under
stood that an aggressive campaign will be
started at oftce.
Topeka Is Aroused.
Topeka, Kan., Feb. 11.—The citizens In a
meeting issued an ultimatum giving the
joiutists until Friday next at 12 o'clock noon
to quit business. ' If this is not done warning
was glveu that a thousand armed men would
immediately move upou the joints and re
move them by force.
KILLKD BY THE FAST MAIL,
fpeeial to The Journal.
Ames, lowa, Feb. 11.—M. 11. Moore of Rock
well City, a telegraph operator, was struck
and instantly killed as he stepped from the
tower to the tracks by the fast mail at 10
a. m. to-day. This is the second accident of
the kind in less than six weeks.
To Cure the Grip in Two Day*
Laxative Bromo-Qulnine removes the cause.
ARE YOU UP TO THE MARK?
. If you wish to be so, the Telephone is Indis
pensable. - , . ;.. .
No one can be up to the work, In this age,"
without this twentieth century adjunct.
Now is the time to get Into communication.
Sot in two hours.
Kot tomorrow, but.' , :.' -\r_A-l
.' Immediately! '"it.
The other fellow often gets the order you
might have had. because he has a Telephone In
his place of business. ' ; ■ . ■
A Ask the local managers.
: ■ Northwestern ■ ~.%±% ■