Newspaper Page Text
THE MINNEAPOLIS JOUR]N hjMa
PRICE TWO CENTS.
Reply to the Ministers Is
DEMANDS ARE REFTJSBif
Chinese Envoys Are Berated for
Failing to Protest.
NO MORE WILL BE EXECUTED
Report From Teintwin That Seven
.Nation*. Declare War la .
New York. Feb. 16.—A dispatch to the
Herald from Peking says:
A new turn ia the peace negotiations
has caused a diplomatic earthquake
among the ministers. A brief and almost
insulting note from the court has ar
rived, flatly refusing any further execu
tions than the two previously decreed.
Yu Helen, governor of Shansi province,
will be decapitated, and Prince Chwang
will be allowed to commit suicide. Possi
bly Chao Shu Chiao, former minister of
justice, may be included, but the court
reserves its decision in his case.
It is also bluntly stated that no further
initiative will be permitted to Li Hung
Chang and Prince Ching. who are berated
for having failed to protest vigorously
against the demand of the ministers for
six executions, three posthumous and
three documentary. The court calls this
demand preposterous and impossible to
meet, and says that it was not contem
plated when the general agreement was
The imperial government says, in short,
that the powers ask outrageously too
much «md cannot be satisfied.
AVAR ON CHINA
Vn I iu-oii ttrim-il Rnuiur Tliat Seven!
\uttoiia Have Acted.
Tientsin, Feb. 16.—1t is reported here ]
that seven nations declared war against
London, Feb. 16.—The Tientsin dis
patch regarding the declaration of war!
against China by seven nations is not con
firmed from any other source. Possibly
this is only another version of the ru
mored German ultimatum.
Washington, Feb. 16.—The news in a
dispatch from Tientsin that seven of the
allies have declared war against China |
is not credited m diplomatic circles.
Eight Are Tried by the Viceroy of
Shanghai, Feb. 16. —Bight alleged Boxer
leaders, after trial by officers of Chang-
Chi-Tung, the viceroy of Hankow, have
been decapitated at that place.
Defense of the Legations.
London. Feb. 16. —Dr. Morrison, in a dis
patch to the Times from Peking, dated Thurs
day, describes tha international scheme for
the defense of the legation quarter as '"ex
hibiting an exaggerated fear of the strength
of disarmed China." He say?:
"The scheme is equivalent to the construc
tion of international forts alongside the im
The Anti-Smoke Ordinance to Be
HEALTH COMMISSIONER PRIMING
Thirty Proprietors Have Been
Warned ol Fhat'a ComliiK- The
University \iiioiik' Offenders.
After several years of masterly Inactivi
ty, the Minneapolis health department is
girding uji its loins for another campaign
against the smoke nuisance.
Two of Health Commissioner Hall's staff
have been putting: in their spare hours |
for a week or two investigating conditions j
and in a short time will be prepared to |
institute legal proceedings against the
many black, belchng chmneys, now work
The department engaged in a smoke
abating crusade two years ago and se
cured a dozen or fifteen convictions, but
without any apparent result so far as
lessening the activity of the offending
chimneys was concerned.
The Ordinance Was Inadequate.
The ordinance proved quite inadequate.
It named the engineers and firemen as the
responsible parties, making it impossible
to reach the owners. At least, this was
Health Commissioner Norton's view, and
he refused to proceed until the council
amended the ordinance so as to give him
a chance to get at the responsible ones.
It was not fair, he claimed, to arrest and
fine engineers and firemen when under
the cbnditions they had to deal with it
was impossible to prevent the chimneys
from smoking. The city council never
took enough interest, however, to amend
the ordinance, and prosecutions ceased.
Now the department purposes to accept
the legal conditions and make the most of
Thirty Proprietors Warned.
No less than thirty owners of buildings
have been told that they must improve
the smoke conditions on their premises.
The engineers and firemen in each in
stance have also received warnings. The
University of Minnesota is one of the
places visited. It was from the university
people that the eo«ncil recently received
a complaint of how the Great Northern
engines were polluting the eir there
abouts. In the course of their investiga
tions the inspectors found that the uni
versity chimneys were fully as active as
any on the list and the authorities there
were warned. In some cases the inspec
tors were received without cordiality and
even ordered off the premises.
The ordinance provides for a penalty of
a fine of not more than $25 for each vio
FARM WORK COMMENCED
Minnehaha County Farmer Is Har
rowing His Fields.
Special to The Journal.
Sioux Falls. S. D.. Feb. 16.—Groffins
Jackson, a farmer who resides seven
miles northeast, was engaged all day
Thursday in harrowing on his farm. He
says that the frost is out of the ground
in his section. He is the first to report
th« commencement or spring work.
Burial of Chief Anderson.
Appleton, Wis., Feb. 16.—The funeral of
Fire Chief E. L. Anderson, who was over
come by smoke and exhaustion while direct
ing the departments of this city and other
cities at the big fire which damaged the
. Kimberly paper mills, took place to-day and
was largely attended by civic and fraternal
bodies and citizens.
Displaces Subsidy Bill in the ]
.^I^SED AS A CLUB
Hale's Efto. . . ? Get Immediate
Vote Is a Failure.
DEMOCRATS DERIDE HIS MOVE
Only Two Vote* Are Akuliixl I'ouaid
i-rinu the : Oleomargarine
—Tux Reduction. j
from Th» Journal Bureau. Rooin-46, I'ott
Washington, Feb. 16. —When Senator
Spooner, according to arrangements,
called up the Grout bill this afternoon in
the senate, a roll call was demanded on
the question of whether the bill should
be substituted for the subsidy bill as the
regular unfinished business of that body.
The roll call stood 45 to 2 In favor of the
Grout bill, the noes being Senators Chil
ton and Vest.
After the vote had been announced Sen
ator Hale of Maine appealed to Senator
Proctor of Vermont, chairman of the com
mittee which had reported the Grout bill,
then on his feet, to permit the bill to
come to immediate vote.
"In view of the overwhelming and al
most unanimous vote in favor of taking
up the Grout bill," said Senator Hale,
"I think there ought to be no difficulty
in passing the bill at once."
This remark was received with derisive
laughter and comment on the democratic
side of the chamber and at once a dozen
leading democrats were on their feet de
manding to be heard in reply to Mr. Hale.
Senator Jones o- Arkansas was heard
above the din, saying that the senator
from Maine was greatly mistaken if he
thought the vote just taken indicated that
the senate was about unanimously in favor
of the Grout bill, and then his colleague,
Mr. Berry was recognized. He said:
I desire to say for the benefit of the senator
from Maine that, the overwhelming and near
ly unanimous vote to which .he refers was
not oast because the south has made up its
mind regarding the merits of the Grout bill
and is ready to voje for that bill, but because
we on this side have determined to give an
other fatal thrust to the ship subsidy bill.
And then Mr. Berry sat down amid
laughter on the democratic side at the
expense of Senator Hale.
It thus seems that whatever the final
fate of the Grout bill may be, it is being
taken advantage of by -the -democrats as
furnishing another strong arm of attack
against the subsidy bill.
After considering the bill until 3 o'clock,
the time bei«e chiefly occupied by Senators
Proctor and Tillman over the question of
the natural yellow color in butter and how
to produce it, the senate by unanimous
consent, on motion of Senator Cockrell,
laid the Grout bill aside informally in or
der to resume consideration of unobjec
tionable house bills not on the senate cal
endar, including pension bills and bills to
correct military records.
Nothing took place in the Grout bill de
bate to show what its fate will be, but it
occupies its position as the unfinished
business of the senate and promises to
maintain that position for some days. It
depends upon the democratic senators
whether the bill is brought to a vote.
Should it be brought to a vote it will sure
ly pass. Nearly every republican will
support it and several democrats from more
It is probable that the struggle over the
war revenue reduction bill in conference
will be bitter and prolonged. Here is the
opinion of one of the best informed men
in congress regarding the probable out
'The conference committee, after re
peated efforts, will finally report to the
two houses that it has been unable to
agree. This report will be final. Then
some democrat will rise in his place and'
move that the house concur in the senate
substitute. Every democrat will support
the motion, and enough republicans to
carry it, and so the senate bill will be
Minister Conger's announcement that he
would be glad to accept the nomination for
governor in lowa, calls to mind that John
Goodncw will probably succeed him as
minister in that event. '
Mr. Babcock's bill in the house to re
move the duty on steel should not be
taken too seriously by a trusting public.
The bill cannot be considered at this ses
sion of congress, and Mr. Babcock knew
this when he introduced it. Mr. Payne,
chairman of the ways and means commit
tee, 10 whom the- bill has been referred,
has said publicly that nothing can be
done with it. ' If Mr. Babcock is really
serious in this matter, he will introduce
the bill at the beginning of the long ses
sic.n of the Fifty-seventh congress, in
December. 1901, and then push it to a
Senators Kyle. Hansbrough and McCum
ber to-day presented to the president the
request formulated by the first named
senator for the formation of a separate
internal revenue district to embrace the
states of North and S^uth Dakota, ac
companying the request with statements
showing that the aggregate of internal
revenue receipts in the two states last
year were $289,010. which is in excess of
several other districts in the west.
The president promised to give the re
quest careful consideration. It is indorsed
by Senator Hanna. but it is likely to meet
with opposition from Nebraska, which,
with the two Dakotas, now form one dis
trict. If the district is split, it will ma
terially reduce the compensation of the
collector of the Nebraska district. It is
intimated that if the new district is cre
ated, the South Dakota senators will name
the first collector. North Dakota will get
the next, and it will go to each state al
Representative Gamble also saw the
president about the new internal revenue
district. He submitted an argument and
figures and was given assurance similar
to those given the senatorial visitors.
—W. W. Jermane.
Washington Small Talk.
Governor Shaw of lowa is hiring horses in
Washington to be used by himself and staff
in the inaugural parade.
Senator Nelson and Representatives Jlc-
Cleary and Heatwole have been appointed
members of the Inaugural committee on re
The controller of the currency has approved
the First National bank of St. Paul as a
reserve agent for the Rochester National
bank of Rochester, Min.n
Postmasters appointed to-day: lowa—An
keny, Polk county, George Coffin; Walcott,
Scott county, Albert Weiner. Wisconsin—
Fisk, Winnebago county, R. Holden.
The Washington Star announces that "Mr.
S. B. Milton, formerly of Washington, is now
owner and publisher of the Mason City (Iowa)
SATURDAY EVENING, FEBRUARY 16, 1901.
IT LOOKS LIKE ANOTHER REFUSAL TO SUICIDE.
Standard, having disposed of his interest in
the Redfleld (S. D.) Journal-Observer."
Secretary Hitchcock to-day ordered pat
ented to the state of Montana 61,651 acres of
laud in the Lewiston district, on account of
the school grant, and 4,680 acres in the Mis
soula district, en account of :he agricultural
A favorable report was made in the senate
to-day on Senator Hansbrough's amendment
to the general deficiency bill to refund to
G. A. Leiber of Jamestown, X. D., $204, ex
cess returns made by him while deputy col
lector of internal revenue.
The first important federal office in South
Dakota to become vacant after the inaugura
tion is that of district atotrney. G. D. Eliott.
the present district atotrney, is a candidate
to succeed himself, and he is the only one
of whom the congressional delegation has any
knowledge. Several Indian agencies will also
become vacant early in the summer and rec
ommendations will be filed within the next
Representative McCleary this morning in
troduced a bill appropriating $75,000 for the
purchase of a replica of the statue of Count
de RDchambeau, the rFench general who
fought with the American forces in the revo
lution, recently erected at Vendome, France.
The replica is to be erected in Washington,
on a site to be selected by a commission, of
which the chairman if the house and senate
cohhittees on library are to be members.
Two ruril free delivery routes have been
ordered established at Cannon Falls, Good
hue county, Minn., March 1, with J. A. An
derson and L. E. Johnson as carriers. The
postofflces at Wastedo and Sogn are to be
suplied by the rural carriers instead of by
star routep contractor, as at present. One
rural free delivery route is also to be estab
lished at Beaman, Grundy county, lowa, on
the same date, with G. M. Rowe as carrier.
DAYIS STATUE PREMATURE
SOME VIEWS IX WASHINGTON
Minnesota Legislature's Action Is
Regarded as I'nwise at ' !
This Time. i
Special to The Journal."" i
Washington, Feb. 16.—Much interest is |
taken among public men here in the bill
! in the Minnesota legislature to erect a
| statue to C. K. Davis in statuary hall in
the capitol. It may seem strange that the
bill is not commented on favorably. But
the prevailing sentiment here is conserva
tive and strongly ,in favor of not filling
the limted sipaces in statuary hall, two for,
each state, too " hurriedly.
, Only a few days ago Senator Hoar of
Massachusetts said that Missouri had
done herself great credit when she waited
fifty years before selecting the men whom
she desired to honor in this > way in stat
uary hall. Her selection .of Bentoh: and
Blair, after this lapse of time, was highly
creditable to the wisdom and conservatism
of her public men. . : ." .. ■.-
In the same connection another senator
criticised the action of the legislature of
West Virginia in placing in statuary hall
a marble presentment of Senator Kenna,
a man whose reputation at no time ex
tended beyond his own state lines and will
not long live within these lines. • - ;
The criticisms offered here do not go to
the question of the worthiness or unwor:
thiness of Senator Davis, but. to the un
wisdom of making selections - too early
and too soon after the death of the man
whom it is proposed to honor and before
history has had any opportunity to place
him in proper perspective. Senator Hoar,
who is recognized as an authority on mat
ters of this sort, thinks .that .no , statue
should be placed in statuary hall until the
subject of it has been fifty years dead,
and that it might be wise to make a regu
lation to that effect. ' ■::•*"? •■;-, ■
It is claimed by many of Senator Davis'
friends here that if he could be consulted
he certainly would portest against j any
such action. If the matter could come
up, say after the lapse of only ten or
twenty years, it would be a higher com
pliment than . possibly could , come from
any such action taken at this time.
—»W. W. Jermane.
Modern Woodmen to Build.
Special to The Journal.
Vermillion. S. D., Feb. 16. —The Modern
"Woodmen are planning the organization of
a stock company for the purpose of build
ing a two-story brick structure, the second
floor of which will be for lodge purposes.
The matter will be discussed at the next
meeting aid a committee appointed.—There
is a young student at the state university
who is remarkable for his precocious intel
lect. He is the son of Dr. A. A. Cotton of
this city, and is 13 years old. He graduated
from the high school last year and is now
studying higner mathematics at the univer
sity.—Mrs. Frank Bruyer, an o!d resident of
Clay county, is dead.
EXTRA SESSION FOR CUBA
Washington, Feb. 16.—The president told senators who called upon him to-day
that congress will be called in extra session as soon as toe Cuban constitution is
NO NAVAL STATIONS
Cuban Committee Reports Against
OTHER CLAUSES SATISFACTORY
Kesult of the Conference With Gov
ernor General Wood on
Havana, Feb. Iti.—"^di special commis
sion appointed by the rtiiban coastitutional
convention to draw up a proposition de
fining the future relations between the
United States and the republic of Cuba,
returned from a conference with Governor
General Wood and will report to the con
vention in secret session this afternoon.
The question of the United States main
taining naval stations in Cuba met with
strong opposition and the commission will
report against accepting this condition.
The other clauses have been .practically
SILER IS NOT HOPEFUL
LITTLE CHANCE FOR Blti 'IKS
Sporting- Authority Can't See How
Jeffries and Kuhliii Can Meet
Outside of Nevada.
Kmw York Sun Samclxl Smrvtom.
Chicago, Feb. 16.—George Siler says:
Otto Floto, manager and matchmaker of
the Colorado club of Denver, says he can
pull off a fight between Jeffries and Ruh
lin and offers to post $10,000 as a guaran
tee that he can do so. Otto also says he
or the parties with the $10,000 will erect
a roofless arena capable of seating 15,000
and that it would be ready for use next
month. That looks well on paper, but I
question whether any party of men, in
any state, would care about posting a for
feit of $10,000 as a guarantee to pull oft
a fight between Jeffries and Ruhlin, after
what transpired at Cincinnati. There is
no doubt thaj Floto and his party are for
tified strongly enough to pull off a fight
between any pair of men they see fit to
match, barring Jeffries and Ruhlin. There
is a ban on heavyweight championship
contests at present, and it strikes me m>
governor, with possible exception of Sad
ler of Nevada, would tolerate a heavy
weight championship battle under exist
Governor's Are Opposed.
Governors have no verbal understanding
as to what they will or will not tolerate
in their respective states, but it appears
to me if Governor Nash, Bates and Beck
ham of Ohio, Illinois and Kentucky re
spectively, strongly object to Jeffries and
Ruhlin fighting for the world's heavy
weight championship, governors of other
states would also object.
Furthermore, governors of twenty-seven
states have gone on record as being
against the big fellows and should the
governor of Colorado sanction the contest
j the clergy and others not favorable to
boxing would be after him, as they were
after Governor Nash.
Ten rounds are permissible under the
law in Colorado, and . contests are held
every Friday night in iJenver, but as
they are ordinary events, no notice is
taken of them. . Jeffries and Ruhlin
would certainly not- agree to boxing ten
rounds, and Floto would undoubtedly have
to secure political legislation to increase
the limit. Otto, however, is on the ground
and presumably knows what he is talk
The Minneapolis Crowd.
Ole Olson, Harry Forbes, Tom Cody,
Jack O'Keefe, Young Mowat and Morris
Rausch, who are slated to box at Minne
apolis on Monday night, will leave for
that city to-night.
The Last Sad Rites.
Cincinnati, Feb. 16.—Nothing remains of
the plans projected for the Jeffries-Ruh
lin fight except the refunding of money
for ticket's next Tuesday. It is understood
the wrecking company which has paid
$s^ooo for the Saengerfest hall will soon
remove the structure. Next Friday even
ing a benefit will be given for the relief
of the Saengerfest Athletic club. It will
be held at Music hall.
SIXTY IN THE TOMB
Probably No One Escaped in the
Union Mine Explosion.
FIRE FOLLOWS THE EXPLOSION
Shaft la Wrecked and Filled With
Debris So That Rescue
Work: Is Slow.
Victoria, B. C, Feb. 16. —No news has
been received to-day directly from the
Union mines, where 60 miners were en
tombed yesterday by an explosion. It is
stated on good authority, however, that
efforts to rescue the men have so far
Victoria, B. C, Feb. 16.—An explosion
that it is feared will be one of the'worst
mine accidents in the history of the do
minion occurred yesterday forenoon at
the Union mines owned by the Welling
Colliery company, of which James Duns
muir, the premier of the province, is the
As near as can be gathered, the explos
ion took place at about 11 o'clock in No.
6 shaft. There were sixty men in it and
not one of them escaped. The explosion
ignited the mine, wrecking the shaft from
midway down to the bottom and filling it
with a solid mass of rocks, earth and tim
bers. The first explosion was followed by
The men of the morning shift in No. 5
shaft organized a relief party. They had
not cut their way many yards through
the debris when they encountered fire,
and, overcome at last by gas and smoke,
they reluctantly withdrew from No. 5 and
commenced work ou a long cut from No.
4. The work on this was prosecuted with
vigor until abatement of the fire in No.
5 enabled them to once more return there.
The latest news is somewhat encourag
ing, it being stated that the fans are again
working, that the cage has got 175 feet
and is still going down in No. 4 shaft.
Immediately upon receipt of the news
at the head office of the Dunsmuir com
pany here, a special train was made up
and proceeded to Nanaimo. At Nanaimo
the Dunsmuir steamer Joan awaited them
and on her they proceeded sixty miles by
water to Union Bay, the remaining six
miles by land to Cumberland on the Duns
muir colliery railway.
The only way in which any of the min
ers could escape would be by reaching
some remote part of the workings, to
which the fatal gases and smoke could not
penetrate. The gas in a coal mine, it was
said, did its work in a few minutes.
The last report of the inspector of mines
pronounced the shaft as complying with
the regulations governing coal mines.
TRIBUTE TO THOMPSON
James Whitconth Hileys Poem on
Indianapolis, Feb. 16.—James Whitcomb
Riley wrote this poem for the Indianapo
lis News on Maurice Thompson, who died
at Crawfordsville yesterday: '
He would have holiday— in ■ sooth
Would turn again to seek the old release,
The open fields—the loved haunts of his
-. youth, "• . . . '":.'.— ■
, The woods, . the - waters, • and the*, paths of
The rest, the recreation he.would choose,
Be his; abidingly; long has he served,
And greatly—Aye and greatly let us use
Our grief, and yield him nobly as deserved.
Perchance—with subtler senses than our own,
And love exceeding ours—he listens thus
To ever nearer, clearer pipings blown
. From out the lost lands of Theocritus. ■•■■'
Or, haply, he is beckoned from us here
By knight or yeoman of the bosky wood.
Or, chained in roses, haled a prisoner
Before the blithe immortal, Robin Hood.
Or mayhap, Chaucer signals, and. with him
And his rare fellows he goes pilgriming;l
Or .Walton signs him, o'er the morning brim
Of mystic waters, midst the dales of Spring.
He, wheresoe'er '■ he goes, or whosoe'er
He fares with, he has bravely earned the
Be , his the open and the glory there
" Of April buds, May blossoms and flowers*
Be his the glittering dawn, the twinkling dew.
The : breathless pool" or gush ]of laughing
Be his the triumph of the coming true
Of all his loveliest dreams.
r —James Whitcomb Riley. ■
'-, London—Prince Christian had a narrow es
cape from death or Revere injury while cross-.
ing , Bond ■ street i when" the thoroughfare L was
crowded : with traffic, by. being run down ■by a
*. .._;.- : ■ ' . . r —z.
24 PAGES-FIVE O'CLOCK.
VS. MR. BARBE
A Review of Hamilton Case Testimony Pits
Them Against Each Other—A Rea
The Trial Is Resumed This Afternoon—The
State May Have Some Rebuttal
Ex-Coroner Henry S. Nelson produced
the sensation of the afternoon in the
Hamilton trial. Called by the state in
rebuttal, he testified that A. M. Barbe,
the defense's star witness, was drunk the
night of the tragedy, and that Dr. Mur
ray was away from Hamilton and Rooney
for at least ten minutes—thus contradict
ing Murray's testimony that he was with
Hamilton every minute after he arrived.
Court did not sit this morning in the
Hamilton case on account of Judge Rus
The trial was resumed at 2 o'clock, with
the state prepared to bring in rebuttal
testimony confidently counted on by the
prosecuting attorneys to remove any doubt
in the minds of the Jury as to the de
fendant's guilt, if not as charged in the
indictment, at least of manslaughter in
a greater or less degree.
The state, of course, is looking for no
compromise verdict in this case. Its po
sition on that score has been plain all
along. It wants the jury to go the limit.
Mr. Boardman declared at the outset that
Hamilton had deliberately, with malice
aforethought, murdered his victim with
the lust for blood upon him, or language
to that effect.
The prosecuting attorney , assured the
jury that they would not need to waste
much time with the evidence—the state,
he declared, would make out a plain case
against the defendant. He then intimat
ed that the jury would be-satisfled as to
Hamilton's guilt before the evidence was
all in. To make "assurance doubly sure,"
and as a last resort in case there was any
lingering uncertainty with the jury as to
where to fasten the crime, Rooney, the
ex-patrolman, was to tell of the confes
Rooney the State's Star.
The state's case was not very strong
up to Rooney's appearance. Out of that
mass of evidence from witnesses who
had no clear or connected idea of what
happened, Rooney proved to be the star
witness to whom the state pinned its
faith—the man on whose evidence—save
for slight corroborative detail from Hill,
the police reporter—the jury will dare, if
at all, say Hamilton is guilty.
The attempt to show premeditation was
knocked out when Miss Caroline Slagle,
who was expected to furnish the real sen
sation of the trial, was excused because
she might incriminate herself—not of the
murder, but of a relation with which the
public was already well aware.
The general opinion is that the question
of premeditation did not enter into this
case. It is continually asserted on all
sides that neither Day or Hamilton ever
really thirsted for each other's blood.
Nothing was further from the thoughts of
either, it is maintained, than a killing.
Granting that Hamilton killed Day. his
friends, who. as a matter of fact, will
listen to no such proposition, insist that
it was done In the heat of the moment
when the defendant —evidence of which is
not altogether wanting—waa roughly set
The testimony of Hill, the police re
porter, would have no significance what
ever, considering Hamilton's frame of
mind, did it not in a measure bear out
Rooney's story of the confession. Any
thing else that has been shown by the
state in this case cuts absolutely no figure
so far as it has any direct bearing on the
question: "Who killed Day?"
To Offset Rooney and Hill.
The defense has offset the statements
of Rooney and Hill with the equally
strong testimony of Dr. Murray and
Barbe. the traveling man. Murray, who
admits having kept close to Hamilton and
Rooney for fear an over-zealous officer
might secure a "headquarters confession,"
says Hamilton could not have made the
damaging admission credited to him at
the time Rooney swears to without being
overheard by the former. Murray says,
in effect, that Rooney misconstrued what
little Hamilton did say bearing on tho
tragedy. ' He insists that Hamilton simply
said: "If I have done anything wrong,
I am prepared to take the consequences."
Rooney, he says, made that sentence
sound like: "I killed him and am pre
pared to take the consequences."
The jury was strongly influenced by
what Rooney said, but the apparent effect
of Barbe's testimony on them indicates
that they w«re far from being convinced
of Hamilton's guilt; that their minds
were still open to conviction.
State's Rebuttal Testimony.
The state planned to bring in Patrol
man Sederberg in rebuttal this after
noon. His testimony may strengthen the
case. He claims to have overheard a part
of the conversation between Hamilton
and Rooney, and may strongly bolster the
Who else will appear in rebuttal for
the state is not known. Al J. Smith
hinted vaguely at "surprises" yesterday.
Whatever may be shown, in addition
to what has gone before, it seems prob
able that a reasonable doubt as to Ham
ilton's guilt exists in the minds of the
The court will instruct the jury before
it is asked to pass judgment on the case
that if such a doubt exists then Hamilton
must go free. The jury will be strongly
Influenced one v way or the other by the -
court's position. ..
The closing days of the case have wit*
nessed a tremendous attendance.
About the Spectators.
Women who had held aloof '■ from ", tha 3
trial ' before, unable to longer restrain)
their curiosity, fairly flocked to the mat- '
inee sessions of .the legal drama. ■ f
A most conspicuous figure for two days -
past, - was : one lof the leading ladies'-from
the "Belle of New York" company. Dis
tinguished amid the throng by a front
seat, a campaign hat and : a flaming red
waist, this interesting; person ; seemed to ",
think she 'was attending a theatrical per
formance. She continually leveled a pair
of opera glasses at Hamilton, varying the
monotony of that proceeding only occa
sionally by giving, the glasses a dramatic
sweep which enlarged her range of vision
and gave her a general survey of the
The jury have stood the strain well.
Now that their most important duty is be
fore them, all are in good condition to
pass, finally on a human life whose fate
is now trembling in the • balance. :~ :; : .
Hamilton has been in better shape since
he told his story and got' that load off his
mind than since the trial commenced. ;;
With the dread uncertainty as to what
the jury is going to do preying on him, he
is maintaining his mental equipoise to the
finish with remarkable fortitude.. He still:
says: • V
"There can be but one . outcome; I ■am :
innocent, and I must be acquitted."
■ That Wine Supper.
i~ The famous "wine supper" at ■ Barge's
has scarcely been mentioned in the trial.
It had been expected that the "calling •of I
the -participants^ in this '. JltUe prelude to :
the billiard-room tragedy, in which bay;
was said to have drunk the toast: "Bat,
drink and be merry for to-morrow you
die," would be one of the sensational in
cidents of the case. •
Probably all of the principals of the last
supper would have been, dragged into court '
had they not begged so hard to be excused.
The three young men besides Day . who
were there bear good reputations in this
community. They pleaded that their good
names were at stake.
That was why the three sat in fear and
trembling— in trepidation —in the front
! row of witness' seats at the trial yes
Only one of them was called, and after
being asked a few questions bearing on tha
number of /drinks imbibed by Day —no
mention being made of the —was al
lowed to go his way. .
Interest in the Hamilton case continued
unabated this afternoon. The women cam*
crowding to the court room from all Min
neapolis an hour before the opening and
waited patiently for the - doors", to swing
apart. Then they secured the best seats
up front and left the poor men who came
later to 'shift' for themselves. *
Hamilton and his - attorneys were in
their, seats in good season,- considerably
in advance of the state's attorneys.
Another notable was a man renowned
in the musical world—Oasip Gabrilowitsch.
Richard Le Gallienne occupied a seat be
side him. The masters of rhyme and tone
were a striking pair as; they leaned for
ward in their seats and eagerly drank in
Smith With His Skeleton.
Al J. Smith came in just after court
convened, arm in arm with (his skeleton.
. Day's relatives occupied seats, as usual,
close to the prosecution. - Smith promptly,
called Dr. A. Dunsmoor, with whose ex
pert testimony he expected to refute the
statements of Dr. Erdmann, who appeared
for the defense. He flatly contradicted
the anatomist's statement that j the differ
ent wounds must have been made by dif
ferent knives or blades. The same blade,:
he thought, might have Inflicted all the \
wounds. It was shown that he had neve*
seen the wounds on Day's body. •
Mr. Xye's Demonstration.
Mr. Nye succeeded in showing that : Dr.
Dunsmoor had located the wound on the
head on the wrong side.
"Wouldn't you place a great deal.more
reliance on on© who had made" a learned
and scientific investigation of the wounds
than one who had not?" was asked.
\ "Yes, sir." 5 '
Dr. Erdmann i sat at Mr. Nye's shoulder ■
and helped make things interesting > for
Dr. Dunsmoor. - . .... '..'. . » ;
■ Ex-Detective Joe Lawrence testified"
also that Dr. Murray was in the billiard i
room for some —about five.minutes—:,
leaving Hamilton and Rooney j alone : eo
gether. "',"" ,
Ex-Police Sergeant George Revere tes
tified to the same effect. Charles- E. *
Force, recalled, denied that he had; said "
to Hamilton: "I'll fight you," and as*
serted that Barbe was drunk.
Officer Rooney was recalled late thif
afternoon. , ' ; ;
MORE EXPERT TESTIMONY ■,
Dr. Dunsmoor Is the State's First
- Rebuttal Witness.
Dr. F. A. Dunsmoor: was the first wit*
ness called by the state in;rebuttal. Ex
amined by Mr. Smith, witness said lie had.
practiced medicine and = surgery ; for twen- •
ty-six years. He was acquainted with Dr.
Erdmann. He heard the • doctor's testi- '
mony ', concerning the wounds made '. upon ,
Leonard Day. Witness said he had had : '
experience in stab wounds. He performed .
an operation to-day at Asbury hospital of
the nature indicated.
Witness was . shown the blood-stained ■
knife and asked if the wounds could have ,
been; made ,by ' the -one i blade*.
"Yes, sir; all three i"wounds."
'-,',. "Could you tell which way the knitt .
-edge was turned?"
"Not to a certainty." j :i .
I "From the - description. «£ the- .> woun4 '_
f§PP 106 |>CSl = Irving =IVU LlJ^df* || IHC DCM = Drew =3C Wdgdlt