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PRICE TWO CENTS. SATURDAY EYENIHGK JUNE 28, 1902. PART 1 24 PAGES-FIVE O'CLOCK
Out of Immediate Danger
According to the Official
Recovery Will Be Protracted,
lief Is Felt.
London. June 28, 9:45 a. m.The Duke
of Connaught drove to Buckingham pal
ace at half-paat 9 this morning and after
a short visit, repeated the gratifying
"The king has had natural sleep. He is
comfortable and his condition is satisfac-
London, June 28, 10:^,vi m.At. 10:45
this morning the following bulletin was
issued, from Buckingham palace on the
condition of King Edward:
The king had a good night and his improved
oondition is maintained. We are happy that
we are able to state that we consider his
majesty to be now out of Immediate danger
and the general condition ia satisfactory. The
operation wound, however, still needs con
stant attention, and such concern as at
taches to his majesty's condition is con
nected with the wound.
Under the most favorable conditions, his
majesty's recovery pnust, of necessity, be
protracted. The 3 p. m. bulletin will be dis
London, June 28, 4:50 p. m.The king
was removed from his bed to a couch
this afternoon earlier than expected, and
was placed in a sitting posture. He was
feeling decidedly better.
London, June 29sThe following bulle
tin was posted at Buckingham palace at
6. p. m.:
"The king passed a very comfortable
day and his progress continues to be quite
London, June 28.At 2:30 p. m. it was
officially stated at Buckingham palace
that the king's progress was fully main
tained, that his majesty was quite com
fortable and that he had seen several
members of the royal family during the
London, June 28."The king is now out
of immediate danger." This announce
ment spread quickly throughout the me
tropolis and caused general rejoicing.
The verdict upon which the nation had
eo anxiously waited caused a longer con
sultation than usual. Lord Lister, Sir
Frederick Treves and the other doctors
discussed the patient's condition for
for nearly an hour before they committed
themselves to the important announce
ment. It was read at Buckingham palace,
by only a smaH^arowd, the public being
practically assured by yesterday evening's
reports that everything was going well.
Yet to use the words of the Westminster
Gazette, the bulletin was "full of intense
relief." The underlying suspicion that
the doctors might fear more than they
wrote, the sensational rumors of his
majesty's death, which continued even so
late as yesterday and the lack of definite
unofficial news all combined to create in
tense nervousness. Such hopeful state
ments as the Associated Press had been
able to make were not available to the
British public, who. however were spared
the eensational reports now so palpably
absurd, which were cabled to America.
The reference to the wound in this
morning's bulletin as authoritatively set
forth, can be regarded without any dis
quietude. By June 30 the doctors are ex
pected to announce that all danger of any
complications has passed. The king was
very cheerful this morning after four or
five hours' sleep, and his temperature
was normal. He is already able to slight
ly raise himself by the aid of a pulley.
When he first made an attempt to do so
the queen adjusted the pillows so as to
form a back rest, and with a sigh of In
tense relief the king exclaimed:
"Ah, that is better."
Royal Family Cheerful.
In view of the king's rapid recovery, it
Is small wonder that the group of mem
bers of the royal family which gathered at
Victoria station this morning were happy
and cheerful. The Prince of Wales went
there to bid farewell to his cousin, Prince
Henry of Prussia and to the Crown
Prince Louise Philippe of Portugal and
others who were leaving London, includ
ing the Grand Duke of Mecklenburg
Schwerin, Frederick Francis and the
Egyptian and Moorish envoys. The chief
of staff of the last-named said to a repre
I am smitten to death with sorrow for
King Edward. England is a great country,
but I am glad to be going back to civiliza
constituted one of the moat brilliant fea
tures. The Duchess of Marlborough had
a nev coronet, even more magnificent
than the big pearl-tipped tiara she had
hitherto worn at court. Mrs. Paget's
dress was embroidered with diamonds and
pearls. Lady Abinger, who was a Miss
Magruder (daughter of the late Commo
dore 'Magruder, U. S. N., and widow of the
third Baron Abinger) had her peeress
robes embroidered with gold and, besides
her diamond coronet, would have worn a
four-row pearl necklace clasped with a
huge sapphire and surrounded with dia
monds, once the property of Marie An
Cora, Lady Strafford, formerly Mrs.
Samuel Colgate of New York, would cer
tainly have made a sensation, as she had
a very high diamond tiara and instead of
a necklace would have had rubies and
pearls, draped like, an aguillette, on her
left shoulder. Lady Dufferin (formerly
Miss Florence Davis of New York) in
tended to wear all the heirlooms of the
Dufferin family, which she recently inher
Lady Graye Bgerton (who was Miss May
Cuyler, daughter of the late Major J. Cuy
lar) was going to dress in white embroid
ered with gold lilies, with a diamond
tiara, a diamond pearl collar and two
necklaces, one of rubies and diamonds and
one of all diamonds. Lady Deerhurst
(stepdaughter of Charles Bonynge of San
Francisco) was to wear beautiful black
pearls, a diamond necklace and a diamond
American Sharper Found One Still
London, June 28.Twenty of the clever
est and most dangerous swindlers from
America and the continent have been in
London for the purpose of fleecing fash
ionable coronation visitors. Recently a
group of Ave American sharpers entered
a well known West End restaurant and
one of them, renewed acquaintance with
a gentleman whom he thought he had
met years ago. Later, they entered a
card game in their apartment in which
the victim lost $5,0C0. His supposed
tViend also lost heavily but paid iu
checks while the victim contributed cash.
He notified the police but the gang h-d
fled. The police learned the entire party
had separated into gangs, one of which
proceeded to Paris where a wealthy vis
itor was buncoed to the extent of $35,000.
MOO N OBJECTS
And Will Do So Until the In
dian Territory Bill Is
Washington, June 28.When the house
met at noon to-day Mr. Babcock (Wis.)
asked unanimous consent for considera
tion of a resolution to empower the com
missioners of the District of Columbia to
make special regulations for the G. A. R.
encampment in this city next September.
Reserving the right to object Mr. Moon
(Tenn.) took the floor to explain why he
had objected yesterday. On March 14th,
he explained, the committee on terri
tories made a unanimous report on the
bill to give the Indian territory a ter
ritorial form of government under the.
name of the territory of Jefferson. He
said that he was directed by the com
mittee to secure action on the bill. It
was necessary to see the speaker and he
had been informed that more important
matters were pressing and that consid
eration would be arranged for later.
"The rights of 400,000 people were in
volved. The condition in the Indian trr-
Many Others as Powerful as
HQ, Says Admiral
Filipino Leader Took Every
thing in Sight "for
Washington,- June 28.The third day's
testimony given by Admiral Dewey before
the senate committee on the Philippines
began with a reference to the statement
made by the admiral at the first day's pro
ceedings concerning the proffer made by
the Spanish governor-general to surrender
to him. Senator Garmack called at-
dld as many have donehe made the
country, support him." .......
. "Did you regard that proceeding as pil
lage and' loot?" '
"Well, we didn't do" that. way. For In
stance, I took all the coal in sight, but I
paid for it."
Senator PattersonDo you refer to
Aguinaldo taking property for the' sup
port of the army as loot and pillage?
, Admiral DeweyThat is one part of it.
Senator CarmackYou didn't object at
Admiral DeweyNo, hut he soon got
Would Not Criticize Office**.
A number of questions were asked in
regard to the statements made by Gen
erals Greene, Bell and others but the wit
ness asked to be excused from criticizing
officers of the army, and the chair (Sen
ator Beveridge) said that he was not re
quired to answer any questions the replies
to which would involve such criticism.
Thereupon the admiral said he was "very
glad," and Senator Oarmack said he knew
of no such rule but supposed he would
have to submit. The admiral added that
no opinion of others would change his
opinion of Aguinaldo.
Senator Carmack'Then is it a fact
that you took a man to Manila to be a
leader of the native population who had
but recently betrayed those people for a
Adlmral DeweyI think that would
have made no difference. The country
was under a reign of terror.
"Then you wanted a man who could
organize the natives?"
Prince Henry Leaves.
London, June 28.Prince Henry of Prus
sia and his suite left London this morning
to join the German flagship at Ports
mouth. The Prince of Wales hid farewell
to his cousin at the station. A large
crowd of people gave Prince Henry a
hearty send-off. Princess Henry of Prus
sia will leave London to-night.
The Lancet's Opinion.
London. June 28.The Lancet in its
comments to-day says: "No immediate
septic absorption has taken place as
3hown by the complete absence of dis
quieting symptoms. We hope that rumor
is ceasing to be busy with the origin and
pathology of his majesty's illness, since
the very plain statements of facts in the
case which we were able to publish June
25 and since, the absolute accuracy of the
bulletins has been justified."
Depew Not Optimistic.
London, June 28.Senator Depew, who
has followed the history of King Edward's
case very carefully, does not entertain
the most optimistic, -view of the outcome.
SUfS he: "If you, will notice the bulle
tins that have be^n issued you will see'
that they have" all been worded with the
utmost care. To any one reading be
tween the lines it is apparent that those
in charge of the case are not at all
sanguine as to the king'a recovery. This
convinces me that.the royal patient's con
dition is far more serious than people in
A Rapid Recovery, Says Reid.
Washington, June 28.A cable message
was received at the state department to
day from Whitelaw Reid, head of the spe
cial embassy, giving a most favorable ac
count of the condition of the king. He
say3 that the physicians look for his
rapid recovery. Mr. Reid says there is no
foundation for reports that the king has
cancer or any serious throat or stom
ach trouble. According to Mr. Reid, the
strength, nerves and sound blood of the
king are all in his favor. A most favor
able symptom is that he has been taking
JOY. FEAR, DOUBT, HOPE
England Has Passed Through Many
Emotions This Week.
London, June 28.A week which has
witnessed emotions of such conflicting
and intense character as to be without
parallel in the nation's history is ending
ns it began, in rejoicing. Englishmen
themselves can scarcely realize that in
the brief space of five days the country
has gone through the most acute stages
of jubilation, fear, doubt and hope. Now
they are talking of the festivities, many
of which will take place as planned.
Welcome for Kitchener.
The metropolis and the country are
quite ready to go wild over Kitchener,
but he is likely to endeavor to dodge any
public show. Failing Kitchener the
stand proprietors rave to depend on the
king's first public appearance, which is
likely to be a drive through the streets
to the nattonal thanksgiving service.
That, however, must be some time hence,
as a man in his sixty-flrst year, in spite
of his wonderfully quick recovery from
the immediate results of the operation,
win probably have to submit to a rather
lengthy convalescence. -' _
Hard on Street FaUirs.
What at first sight was on of the most
pathetic features of the postponement of
the coronation, among all the serious
financial embarrassment on every hand,
was the utter demoralization of the
Btreet fakirs who had been counting for
months past on a rich harvest. Features
of the Strand, Fleet street and the hotel
entrances to-day were street urchins,
mostly of tender years, apparently weep
ing over trays of cheap medals, pins and
other out of date and inappropriate
souvenirs. Their wailing pleas were al
ways directed at well dressed pedestrians,
, "Only half a penny stuck wif medals."
'These pleas .were usually successful.
SOUTH AFRICAN TRADE
Greatly Increased Since the Close
of the War.
New York, June 28.Actual and pros
pective trade with South Africa has as
sumed such proportions since the ter
mination of the Anglo-Boer war that two
steamship companies have inaugurated
service between this city and. South Af
rican points. It is -the intention of the
agents to maintain a bi-weekly service.
For the last few years the carrying
trade between this port and South Africa
has been in the hands of a combination
consisting of three lines. The new
service already has resulted in a reduc
tion of rates. "The demand," said an
official of one of the new lines, "is main
ly for lumber and building materials for
which cable orders are coming to this
country every day and also largely for
supplies of grain. The demand for agri
cultural implements of all kinds is very
large, and is rapidly increasing."
ELEVEN LAKE SHIPS
Bis Boats for Carrying Freight to
Cleveland. Ohio, June 28.One of the
largest ship building deals ever made on
the lakes has been closed by the Ameri
can Ship Building company, that com
pany having booked orders for eleven
freight steamers that will cost upwards
of $2,000,000. Contracts for ten of the
ships were closed by A. B. Wolvin of
Duluth, who is president of the company
that is to develop a special trade in grain
and package freight down the" St. Law
rence to Quebec. The boats will be of
Canadian canal size. They will be 242
feet keel, 43 feet beam and 26 feet deep.
According to the contracts the boats are
to be completed and ready for business
IN HANDS OF M Y
The State's Final Shot Is Directed Against Day, Whose
Testimony Was Intended to Impeach EdwardsIn
His Closing Address Boardman Says: "Leave Out Ed-
wards and King Is Still Convicted"The Defense
Closes at the Afternoon Session and Judge Simpson
Charges the Jury. '
THE CAUSES OF THE LACK OF HARMONY IN THE DEMOCRATIC PARTY.
As Pointed Out by Three of Its Leaders Who Claim to Know
The King case went to the ,1ury late
this afternoon. Only one witness was
called this morning, and then County At
torney Fred H. Boardman delivered his
closing address. He spoke for two hours
and the court took a recess until 1:30 p.
m., when the defense had its inning. Late
this afternoon Judge Simpson charged the
jury and sent it out to deliberate.
The case proper was begun a week ago
to-day, two days having been spent se
curing a jury. It required.therefore, some
thing over six days for trial, the greater
part of to-day having been taken up with
argument. The indictment accuses Cap
tain "Norm" W. King of having become
an accessory to a felony after the fact. In
that he permitted the release of one
Harry Adams from the county Jail when
he knew that Adams.was criminally in
terested in the theft of W diamond stud
stolen from J. S. Hooper, a real estate
man, at the Great' Western station on
March 1 of last year. The contention is
that King himself secured possession of
the gem and appropriated It to his own
In his argument, however, Mr. Board
man laid great stress upon. the point
that it was not necessary for the state to
show that King really received the dia
mondonly that he had permitted Adams
to escape, when he knew the man was
guilty. He claimed that this fact had
been proved by numerous witnesses, and
that the jury could throw out entirely the
testimony of "Billy" Edwards, if it saw
fit, and yet must convict on the evidence'
Mr. Boardman pointed out that even If
it was admitted that Edwards' testimony
was affected by the fact, that he had been
convicted of a erime,- King was in the
same a*6fory.^ Ialer*ttptd by' svr ob
ieetion frbnx.th^.-counseL-fpr jjyhe defense,
to strong Mmpar|sonS aiong. tfiijS iiSe, the
speaker turned it back on the defense by
calling attention to the fact that they
were wincing. Great prominence was
given the fact that Joseph Day had taken
the stand'without credentials and without
any documentary proof whatever that Ed
wards had done time In Oregon, it was
simply Day's word against Edwards'. .
Mr. Boardman spoke- most deliberately
and appeared to have prepared himself
with minutest care for his .final effort.
The sensational Incident of the day. came
early. Yesterday afternoon Joseph Day
took the stand and testified that he had
arrested Edwards at Portland, Ore., on
a charge of burglary, and that "Billy"
had served a term ot one year in the state
penitentiary. This was an impeaohment
of Edwards' testimony,. the big. mltter
having denied it when the question was
asked him on cross-examination by Mr.
STUflffl ING COSTUMES
American WAmen Would Have JOnt-
* Rhone All. : .
_28.Had the coronation
womea would have
Then Chicago Barber Shoots Himself
Chicago, June 28.Armed with two re
volvers Charles W. Gale, an insurance
and real estate dealer, made two ineffec
tual attempts to' kill Albert McMullen, a
barber, last night then he locked himself
in his office and used one of the re
volvers on himself. He fell dead as the
police battered their way through the
barred entrance and reached his side. A
quarrel about a woman was responsible
for the tragedy, it is said.
ritory is choatic. There are no courts,
no provision for the insane and no pen
itentiaries. But the committee on rujes
and the speaker declined to fix a day or
to hear a motion to fix a day for the
consideration of the bill. The only rea
son assigned by you, Mr. Speaker and the
other members of the committee on rules
was that you had protests from the ter
ritory against this measure. -I submit
that' every paper in 'the territory, every
democratic and republican club, every,
municipality and 90 per cent of the peo
ple are for this bill. I have no personal
interest in the measure and I would feel
justified now in objecting to .every re
quest for unanimous consent for the con
sideration of' a. less irriiportant measure."
He specifically disclaimed any inten-.
tion to impugn the speaker's motives
and while he felt that he ought to object
he appreciated that at the close of the
session he might interfere with the pass
age of many meritorious bills.
He gave notice that at the next session
he woulS object to every request for
unanimous consent until there had been
a hearing upon this bill.
CLAPP SEES TEDDY
Tells Him Minnesota Republicans
Are tor Him.
JProni The Journal Bureau, Xtoom 4:8, Post
Building, Washington. /
Washington, June 28.President Roose
velt gave Senator Clapp a very hearty
greeting to-day. The senator called to
talk over some appointment matters and
incidentally the coming state conven
tion was mentioned and Senator Clapp as-,
sured the president the Minnesota repub
licans would give him a strong indorse
Senator Clapp introduced several Min
nesotans to the president, including H. C.
Oldenberg of Carlton. The senator talked
with the president about the opening of
the Chippewa Indian reservation and the
president evinced much interest. He said:
"I believe I tramped around those for
ests and fields of northern Minnesota some
twenty-two years ago."
The Morris bill will soon be signed by
H. C. Stevens.
Conferees Will Likely .Settle Main
Washington, Jnue 82.The conferees on the
Philippine bill reassembled this morning and
then took a recess until 1 o'clock. Consid
eration has been given totthe mineral land
laws during to-day's session. It is expected
that all but a few Important contested points
will be a ttled to-day.
Governor Tnft Will Make American
Requests to Vatican.
Rome, June 28.Definite American
propositions about the Philippines, will
be presented to the Vatican, perhaps to
They have been delayed because Gov
ernor Taft was awaiting a cable message
from "Washington to clear up some points.
Governor Taft, it is stated, will remind
the Vatican of previous withdrawals of
the friars from other countries as de
sired in the Philippines. For instance
when Prance ocupied Tunis, French
monks, led by Cardinal Lavigerie were
substituted for the Italian friars. After
Italy occupied Erythrea the French laz
arists there were replaced by Italian
Capuchins with the complete approba
tion of the Vatican. - '"
tention to-the fact that the press reports
made it appear that he had said that dur
ing the" next" twenty-four hours after the
destruction of the Spanish fleet on May
1 there had 'been several proffers of sur
render on the part of the governor. The
admiral replied that he had said that be
tween May 1 and Aug. 13 the governor-,
general had-^sent word to him more than
otice tha-tlre would be pleased to surrender
The first proffer, he said-, was.
made in May through the English consul
and subsequent proffers were made
through the Belgian^consul. At the time,
the admiral admitted, Aguinaldo had be
gun operations around Manila and was
working towards the cfty.
Taking up the thread of the Investiga
tion where it was dropped yesterday, Sen
ator Carmack asked the witness if-all
the trouble in the Philippines- -had been
due to Aguinaldo'. " . . - ,
**I won't 4say that," the admiral-replied,
"but I -will repeat that it we had. had 5,0uO
troops at Manila on May 1st the city could,
have been taken possession of and we
would have had, at least for the time, no
trouble with the natives. They were our
Agnlaaldo n. Mete B"lgftnrelieaa.
-In reply to other questions put by Sen
ator Carmack concerning Aguinaldo the
"I think you are making too much of
Aguihaido. He was a mere figurehead and
was surrounded by stronger men than
himself. Mabini was one of these and
General Luna, whom he had killed, was
Replying to another question., the, ad
miral said it was the generar report
throughout that in 1897 Aguinaldo had be?
trayed his people to the Spaniards for
money. Nor did he remember that this
report had been denied by American offi
cers in" the Philippines. Among other of
ficers quoted in this connection was Gen
eral Greene, and the admiral called atr
teritfon to the fact that General Greene
had not given his authority.
"If," he said, "Agoncillo told him I
don't think the authority was good." . \,
Stolen Cattle for Dewey.
"Why do you say that Aguinaldo itook
the lion's share of the property gathered
by the insurgents?"
"Because he was living at Malolos like
a prince. He had nothing when he landed
at Manila and he could have procured the
means for this ostentation in no other
way. He began immediately after- arrival
to take every dollar in sight. It may be
ungrateful in me to state the fact, but it
is' true, that he sent cattle to me'herds
of themfor the- ships. The stocky was
taken from the Philippine people." .
"Was any statement made of this cir
cumstance at the time?"
"No that i3 war, as yon know."
Philippine Army a. Mob.
Continuing his reply to this question
the admiral said the Filipino army wa?
then only a mob and without organlMi
Un and badJo he fed and clothed* !'Hfl
t^, ^ J.
"No I did not want anyone. Aguinaldo
and his people were forced upon me by
Consul Pratt and others."
"Did the consul and others have any
power to force these people upon you?"
"Yes, -by constant pressure. I did not
want the Filipino refugees, because -I
didn't believe that a half dozen of them
would do any good, in view of the report
that thousands would rise up. In insur
rection upon our arrival at Manila. I
thought hey would play a. very small
Admiral Declines to Answer.
"Then you placed the country at the
mercy of a man who would plunder and
rob, notwithstanding you had no need
ol his services?"
This question the admiral declined to
answer and Senator Patterson took the
witness, asking if Aguinaldo had evdr
talked to him on the basis of selling out
to the Americans. The admiral replied
in the negative and Mr. Patterson then
asked if the Philippine leader- had ever
asked him for money. The reply was that
Aguinaldo had asked him to exchange
'gold for Mexican dollars, as "he -hadn't
brought them with him," said the ad
miral, "and I thought that the fact that
he wanted gold was pretty good indication
that he was getting ready to leave. That
was one thing which made me think that
the man was feathering his own nest,
but it was only a suspicion."
Agruinaldo's. Style "Inspiring."
Here the admiral again referred to
Aguinaldo's style at Malalos and Senator
Patterson asked if that style had not
eerved the purpose of inspiring the ad
miration, of his followers and holding
their allegiance. To this inquiry the
witness replied that "the style was
probably.more inspiring to them than to
thbse from whom the property had been
"Do you think that is proper testi-
mony?" asked Mr. Patterson, and Chair
man Beveridge interfered with a strong
protest against innuendoes against Ad
miral Dewey. He considered the'ques
Mr: Patterson, however, disclaimed any
intention to be otherwise than respect
ful and he continued his questions.
"Do you know," he asked, "whether
Aguinaldo has a dollar to-day?"
"I don't know," was the reply. "I
haven't been in the Philippines for three
years how should I know?"
The admiral said he and General And
erson did not agree very well, but he
added that he was there to tell what he
knew and was not responsible for what
"I-don't like your questions," he said
to Senator Patterson, "and I don't think
I oughtj, to be required to answer them."
Senator Beveridge, presiding, said the
admiral need not make replies. -
DAY WOT TO BE FOUWD
ADDRESSED BY MRS. SCOVILLE.
Special to The Journal
Montioello, Minn , June 28 The district
convention of the W. C T V was held here
yesterday in the M E. church Mrs Scoville
state president, gav -."j^rlnt address in the
evening. 'i' ^^L - ~ -_
Calling Attention to. This Fact, the
State Closes. '
When proceedings began in the King
case this morning Mr. Smith said:
"If the court please, I-have just re
ceived some very valuable Information, by
registered mall, tronv Chicago, regarding
this man. Day, . Until he took the stand,
yesterday I had no information about him.
Since then I hav- heard from Chicago,
and I would like, to ask Mr.'Day Just three
questions. Is. he in the court?"
IDay was not present, but Victor Welch,
one of the defendant's attorneys, said he
was still -in the city.
"Mr. - Day is stopping at the Hyser
hotel," he said. ','We. will get him. here
-Mr. Hubachek then called up the hotel,
but did not get Day. A messenger was
sent to look him up.
The letter Mr. Smith received this
morning informed him that Day was in
Chicago, with his wife, at the time he
testified he had arrested "Billy" Edwards
in Portland, Ore. The letter states that
Day was there in the employ ot the
Pinkerton agency and was assigned to
guard the Tiffany diamond at the..world's
fair. He is given a bad reputation.
An Expert on Diamonds. '
Leopold Metsger of Jacobs & Go., was
the first witness .called. He testified that
Charlie Howard had once shown him a
diamond, set in a combination ring and
stud, and produced a similar setting
which was marked "State's Exhibit E."
"Can you describe the Howard dia-
mond?" asked Mr. Smith.
"ThaJ is a pretty hard thing to do,"
replied the witness. "It was a carat or
perhaps a carat and' an eighth in weight.
There was a slight chip on the edge-
the stone. As set this was covered by
a claw, but I found it when I tODk the
gem out of its setting. It was a com
mercial white, not a fine white."
Mr. Metzger was shown a number of
diamonds and was permitted to testify
as an expert. .
When he stepped down, Mr. Smith,
offered to put the record in the King
Qulnlan case In evidence. This was a
case in which Captain King and a de
tective named Quinlan were indicted for
compounding a felony. They were con
victed in the district court, but the su
preme court sent the case bacV. for re
trial. On the stand gaptain King testified
that a nolle had afterwards been entered,
and Mr. Smith offered to show that the
case had never been nolled, but still
stood on the calendar for trial. Judge
Simpson ruled that this was hot ma
The diamonds brought into court by
Mr. Metzger were shown to the Jury. One
of them fell'to the floor and rolled under
a juror's chair, where it was found, aftor
a short search.
At this point Vlotor Welch stated that
he had subpoenaed a witness, Edwin M.
Connor, for half past nine o'clock. The
state had rested, and consequently the
court waited. Day had not appeared and
Mr. Smith deolded nottowait for him.
Mn Welch then renewed hie motion,
made yesterday, to have,stricken from the
record all testimony regarding Adams'
bond. The state had promised to con
nect the defendant with the circumstances
under which the bond was obtained, but
had failed to do so. Mr. Smith explained
that he had been unable to find License
Inspector Gardner, by whom he expected
to prove his point, although a subpoena
had been issued for him, and the court
granted the motion.
Mr, Boardman Closes. ~"
Mr. Connor not appearing, the defense
formally rested, and County Attorney
Fred H. Boardman began his closing ad
dress to the jury at just ten minutes after
In his opening Mr. Boardman said the
prosecution had been a disagreeable task
both to Mr. Smith and himself, both of
whom Jiad known the defendant for sev
He complimented the jury upon the
patience its members had exhibited and
said: "The state desires the conviction
of no innocent man, but it asks of you
that you let no guilty man escape
through technicalities or through sympa
"It was just a week ago to-day," he
continued, "that I opened this case to
you. Then I told you what we proposed
to prove and, as you look back over the
evidence, you must agree with, me that
the state has kept faithi Everything I
promised to prove to you has been shown
by the evidence."
Mr. Boardman then related the details
of the theft at the Great Western sta
tion, when J. S. Hooper was robbed of a
diamond stud by .the gang, .of which
Harry Adams confessed he -was a member.
He told of. the sale of the diamond to
Wylle. a gambler, the division of the
proceeds, the second sale to Flick, an
other gambler, and the final repurchase
of, the diamond from' Flick, facts undis
puted in the case.
The Threat to Adams.
. Continuing,' Mr, Boardman related the
conversation between Captain King and,
,Ch&r|le Adams, admitted by the defense,
ern'o/t'dld how Adams secured the gem and
'gave it to" "Billy" Edwards because he
Jsnew, Sting was "too shrewd*' to take theK'c 2#
41antrond except" fro^ocetffc&iit persons. ^
"You reniember," said Mr. Boaraman,^
"King would not take the diamond fro'm
Tom Murphy, but he would take it from -
''Now, Mr. Murphy said Edwards tried
to sell him a diamond. John Wall, a..
deputy sheriff, was present and he says
he heard something about the sale of a
diamond. If he did it was only natural^
When Edwards saw Wall there he was
out making some bluff, and he may
have said: 'Want to buy a di--
mond, Tom?' I don't say he said this,^
but it would have been only natural if Ke^
did. But what happened then?
Edwards called Murphy aside into his
private office, and there he told him
where the diamond was to go. Eddie Mar
tin, Murphy's bartender, says they had a
talk, but he didn't hear it.
"Afterwards Edwards found that King
wouldn't accept the diamond from
Murphy and he went to get it back. He - -
didn't get it at first, because Eddie "Martm
had taken it away with him on a fishing
trip. But afterwards he got it and he
and Charlie Adams went down to Moss
Brothers'saloon and Edwards says he there
gave the diamond to King. Thus.-we h.ave
traoed this gem from the necktie of Mr.
Hooper into the possession of the chief "
of detectives of this city.
"And what happened then? Adams was
released from jail as King had promised.
That is not disputed. There are some
places in a case of this kind where false-
hood cannot avail. , . i:
Edwards Not a Vital Witness. "*..-'/ ''-
"Right here, gentlemen, I want to. say
to you that it is nat necessary for the
state to show you in this case that King
ever got that diamond. You can throw ,
'Billy' Edwards' testimony out alto
gether and the case will still be complete.
Don't think I mean you should do this. -
Edwards was just as truthful as any man,,'
who has taken the stand in this case. If . t
he had not been he could never have ...
withstood the searching cross-examina-^ -
tion by the able counsel for the defense. "
No liar could have borne himself , ?*
through that ordeal without breaking ^ ^
down. No, 'Billy' Edwards was one ot :.V
the most truthful that has sat in this wit-. ^
ness box. in this trial." ' ' ^
"Is Edwards' story corroborated? Why, .'-":
it is corroborated all along the line by* \
witnesses you cannot doubt. He is cor-. , u
roborated by' Charlie Adams, Harry v
Adams' brother he is corroborated by: :,
Albert H. Hall. a. prominent attorney. . , *
Mr. Hall says he told King he had. beeft *3
Informed and believed that he had taeirv"
diamond. What did King do?" He said,
quietly, 'I haven't got the diamond.' He?
didn't grow indignant. He didn't de
mand to know who had told Mr. Hair.: :"
that. If he had been .innocent I cans-,--.' ^
imagine the howl from his'throat would, .jjj
have shaken the pavement near First ave-ft'- ^
nue south and Fourth street. But he-^/j
didn't seem surprised in the least, H*^: ^
just laughed and said: 'I haven't .gotpf-*|
the diamond.' * &i$
"And Harry Adams, one of the guiltyifs-^
men, corroborates Edwards. He says hep-fl
met King after his release from Jail and^5-^
told him Hooper was complaining be-|ip^
cause he hadn't got his diamond back,^!
and he says King replied: 'O, hell, what^
can Hooper do?'"
* H f f - whwli^lWt5w
Witness Day Considered.
Continuing, Mr. Boardman referred tog
Detective Day's testimony, regarding^
Edwards' alleged arrest in Oregon. Hegpg
sale it was immaterial anyway, but addedjgg!
that he doubted its truth. He referred//^
to Day and Johnson as "foreiKn imppr-^^
tations" brought here to "bolster up tnj^^
flimsiest defense" he had ever hear4&j
offered in court. Day, he said, hadi^j
bVought no credentials. He said he hadf^.
come from Oregon, but the state hadj- ,
been shown no proof that he spoke the*
truth. , x ' ~ fyZ
Mr. Boardman then called attention. to|.i
the fact that Day did not show any record
or pictures of Edwards in convict garb,
and suggested to the Jury that Day's late^
appearance had made it impossible for"
the state to impeach him. _
Ednard x and ICtnR- Comjjf&reaV '
"Now Billy Edwards-admits he has been,
a gambler and a - windier," continued Mr/