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J* PKIC1^ t7 A SHmiN^V BROTHER'S CHABGE Millionaire Lumberman's Answer to Allegations of Fraud [lit, 'in Lumber Deal Instead of Defrauding, He Says, He Helped Brother to Make Thousands. Alleges That E. C. Shevlin, Thru Drink, Was Compelled to Leave Position. Thomas H. Shevlin's answer to the sensational charges made by his brother, Edwin C. Shevlin. in a suit for 1350,000 for stock In lumber com pani es alleged to have been secured by fraud, is to the effect that the plaintiff was fairly and equitably dealt with, was in possession of full knowl edge of the nature of the transac tions involved, and, indeed, that he receiv ed more for his sto ck than it was actually worth. The suit of Edwin C. Shevlin, as ful ly outlined in The Journal three months ago, is based upon charges that he was persuaded by his brother to part with stock in the Crookston and the St. Hilaire lumber companies worth abo ut $270,000 for $70,000 that this sto ck has increas ed an additional $100,000 in value, and that he was fn ersuade to make the sale while ill bed from the excessive use of i n toxicants and in a mental condition which made it impossible for him to comprehend the nature or extent of the transaction proposed by his brother. The answer, a manuscript of 141 folios, presents the transaction in an altogether different light. It depicts Thomas H. Shevlin as acting in a semipaternal manner toward E C. Shevlin, alleged In sensational par a graphs to be a dissipated, mentally unbalanced, unreliable and ungrate ful brother. A Told in the Answer. A resume of the stock transactions between the brothers as set out at length in the answer is as follows: I -1895 Thomas H. Shevlin gave his brother, E C. Shevlin, $2,000 worth of J. Neils Lumber company sto ck as a wedding present in July, 1897, the plaintiff bought, at less than par valu e, $7,000 worth of stock in the same company, and gave in return his note for $6,000 in 1898 the plaintiff was made manager of the Crookst on Lum ber company at a salary of $2,500 a year and at the same time bought 100 shares of stock for which he gave his note in 1899 he traded- his $9,000 worth of J. Neils Lumber company stock for $20,000 worth of sto ck in the Saint Hillalre Lumber company. The plaintiff remained as manager "of the Crookston Ltrmb*? company un itll Jan. 15, 1900, when habitu al drunk enness is alleged to have caused A Thomas Shevlin's associat es to COW1 "plaln of him and forced-the defendant ito ask for his brother's resignation and the surrender of his stock in the two companies which were close cor porations and operated upon the money and credit of Thomas H. Shev lin, Frank Hixon and Hovey Clark. A this time, the defendant alleges, he figured up the book value of his brother's holding s, includmg all the profits made by the use of oth er peo ple's money, and found that they were valued at about $62,000: Again he al leges he gave his relative the best of it and paid him. $70,000 for his stock. This amount, it Is stated, was paid by lving back to E C. Shevlin notes for 18,000 which he had given for the sto ck and on which he had never paid Interest $2,000 in cash and Thomas Shevlin's notes for $50,000 bearing in terest which amounts to $3,000 per year paid quarterly slnoe 1900. I the language of the answer: "Said defendant has so justly and fair ly and equitably dealt with and treated this plaintiff, that by said transfer and retransfer, th is plaintiff, without the Investme nt of a single dollar in such enterprises, or in such stocks, and without in any way contributing to the success or prosperity of the enterpris es of said companies or either of them, in less than two yeras' time, after wholly neglecting and refusing to carry out his promises and agree ments, made and realized a complete profit of nearly $52,000, and that dur ing said time, to-wit, said two years, he drew a salary from the said Crook st on Lumber company of $2,500 per year." It is further alleged that eplaintiff was highly pleased to accept the con ditions of th is transfer and has since traveled for his health, ruined by drink, has sustain ed the most friendly relations toward defendant and his family, and has allowed nearly four years to elap se before beginning the present action. Delay in Action Cited. A specific.. denial Is enter ed to the allegations of the complaint "that plaintiff was at any time without full knowledge of the real and actual con ditions of said companies," and specif ically alleges that he at all times had full and free access to the book s, pa pers, plats and financial statements of said companies. Defendant fur ther alleges that the annual financial Wtf statements of both of said companies were completed early in Januar y, 1900, and that defendant had full andcom plete knowledge in regard thereto," as had the plaintiff, and that the value fixed upon the plaintiff's sto ck was figured therefrom. The exercise of threats, improper in fluence or duress of any description is also specifically denied. The plaintiff's alleged habitual drunkenness Is alleged and the details of defendant 's efforts to cure him of this habit are recited. It is affirmed that the plaintiff became mentally i n capable thru excessive drink, that he was confined for a time in an eastern sanatorium and was ^subject to men tal hallucinations from which he has not as yet entirely recovered. TERRORIZES OPERATORS Madman Fires from Ambush upon Rail road Men. New York Sun. Special Service. Pottsvllle, Pa., March 29.Telegraph operators along the Little Schuylkill branch of the Reading railway are being terrorized by a mysterious person who fires upon them at their dark' lonely post's from ambush. S. E. Wittinger, operator at Miller,*, narrowly escaped being killed, a bullet whizzing close to his head and Imbedding Itself in the wall. The police patrol has been doubled It Is believed that the perpetrator is a mad man and that It was he who killed -Qper ator Clendenen. #*&t, 60WEN PROTESTS AGAINSP1WARD Minister Claims Bight to Settle Disputes with All Pow ers Alike. HEBBEBT "W. BOWEN. TJ. S. Minister to Venezuela. New York Sun Special Servioe. Caracas, March 29.United States Minister Herbert W Bowen has filed an exception to the decision of the Hague tribunal. The court rul ed that the blockading powers were entitled to preferential treatmen t. Mr. Bowen argues that his creden tials, which were accepted by the gov ernments, gajve him power to make a settlement "with the representativ es of the nations that have claims again st Venezuela and not with the allied powers alone. ASSASSINS AS MENACE TO POPE Italian Government Places Guard of Soldiers and Police Around Vatican. New York Sun Special Service. Rome. March 29.For three days past the palaces and gardens of the Vatican have been closely guarded by Italian soldiers and police specially drafted for the purpose. "\5fftlcan ecclesiasts.. state, the iin wontedvguard is due to the discovery of a plot against the pope's life. I may be due to the Impending visit to ~EO}tn "of President Loubet of Prance. I "wXmld seem ttiat the Italian gov ernment placed the soldiers on guard. The po pe refuses any intercourse with the government, calling himself "the prisoner of Italy." CUBA AS REFUGE OF BIG COMBINES Trusts Reported as Planning Re moval of Legal Domi ciles to Havana, New York Sun Special Service. Havana, March 29.The topic of the hour in the Cuban financial, commercial, political and social cir cles, is the proposition of sever al of the more powerful American trusts to remove their legal domicile from the United States to this city, in order to evade the laws of the United States. Thru the support of a powerful lobby organized here in the Interest of J. Morgan, the Rockefeller s, J. J. Hill, Le vi P. Morton, Jacob Schjff, Henry M. Flagler and their associates affiliating with Sir William Van Home of the Cuba railways, or the American Tobacco trust here, the majority of the senators and representatives have been persuaded that It would be' a great thing for Cuba to make this capital the home of the trusts con trolling the commerce of trade of the new worldbu President Palma, who feels it to be his duty under the letter and spirit of'the "Piatt amend ment" to do nothing to which Presi dent Roosevelt might raise objection, is unwilling to pledge his approval of the legislation, favorab le to the trusts. However, it is not believed that his veto of any legislation which congress may be induced to enact, need be feared. The project drawn giv es "holdi ng syndicates" that may establish their headquarters in Havana the support of the government provided these companies invest a certain percent age of their sto ck In the municipal bonds of this city, or soldiers' war rants issued by the republic itself, be fore making any effort to establish business upon th is island. Once the bill gets thru congress, the proposition is to create a consolidat ed trust agency company with a billion dollars or more capital and equipped to cover the West Indies and Carib bean dseacoast countries of Panama, Central and South America. George Bryson. COAL PRICES ADVANCED Tho Paying Less, Expenses, Dealers Say, Necessitate Larger Profits. New York, March 29.Notwithstanding a reduction of 50 cents a ton that will be-' made by the coal -roads on April 1, the Retail Dealers' association has agreed to raise, the price practically 10 cents higher than the rate for,... the current twelve months. Dealers who buy 2,240-pound tons will sell 2,000 pounds for $5.85, compared with $5.75 for the same period last year. On June 1 10 cents will be added to the price, and on Sept. 1 it will jump to last win ter's rate, $6.25. Increased rent, higher wages and taxes are the causes to which the dealers attrib ute the necessity for the advance. BURTON NOT 8ENTENCCD. St. Louis, March 29.Sentence as not passed to-day upon United States senator Burton of Kansas, who, was yesterday found guilty of having Illegally accepted payment from the Rialto .Grain and Se curities company of St. Louis for the use I of- his influence with the postal dpart- I TWO CENTS. V^KIil TUESDAY EVENING, MAECHfi29, 1904. TALES OF MERGER CLASH UNFOUNDED t,v Hill and Harriman Agree to Pre serve Harmony in North- west. Neither Will Do Anything to Jeopardize Interest of the Other. Stories to Contrary Originate in Wall Street and Lack Foundation. New York, March 29.-The sensa tional break between the Hill and Harriman interests has been the cause of a gre at deal of unnecessary un easiness and has caused the Wall street public to shy off from the mar ket at the moment when, for the first time in many months, there were real signs of a returning interest in the market, The entire matter has been the re sult of the stock-jobbing methods of certain powerful banking interests in New York, who, for their own pur poses, have distributed information relative to the so-called "crisis" that, so said the bankers aforesaid, arose between the two big interests in the northwes t. The Wall street bankers understand that a few words judiciously dropp ed can turn the market up or down. They are turning it both ways, alternately. When it is at the top they sell and then put out another story of "war." When it is at the bottom they buy, and still talk bearish to get the stock Clauses of Agreement. The facts may be briefly outlined as follows, being put in the order of their importance: FirstThere exists between Messrs. Hill and Harriman a thoro understanding with regard to the administration of the properties in question. Both interests will do all in their power to preserve in the northwest a perfect harmony between all the lines. Mr. Hill will grant to Mr. Har riman a right of way into Seattle over the Northern Pacific. SecondBoth interests agreed to the pro rata distribution of the assets of the Northern Securities, in spite of all wild stories to the contrary. It was mutually agreed that this was the most equitable and fair means and the only means that could be given to all the stockholders, without discrimination. _:- ThirdA certain doubt arose in Harri man ciroles as to the possibility- that some stockholder of the Union Pacific might bring suit against that company" on the ground that the money spent to pur chase Northern Pacific would now be rep resented in Northern Pacific and Great Northern stocks. Harriman lawyers asked Mr. HUi whether he would consent to have the i$e%herik of distribution,{ to a court to sew if It was legal,^ HZ'''R'fiik eon-, stated..:-- r^fe'V,., .-v. y"i Will Accept Stocks. FourthThe Oregon Short Line bond Indenture makes it certain and specific beyond, a doubt that the trustee will ac cept in place of Northern Securities stock) whatever stocks are distributed, provided such distribution will be accepted by over 50 per cent of the stockholders. FifthOn April 21 the stockholders will meet in Jersey City and will decide to distribute the stocks by the plan an nounced by Mr. Hill as president last Tuesday. There is no doubt at all on this point. SixthJ. J. Hill will obtain representa-. tlon on the Union Pacific board. This will happen in good time, but not right away. In the meantime the directors of the Union Pacific will do nothing that can be construed as inimical to J. J. Hill or his interests. There will doubtless be other ru mors of trouble. These rumors be long to the sto ck market, and they (Continued on Second Page.) DEMOCRATS WANT NrfEK TO SPEAK Leaders SettfcEfcwn to Belief that Judge VtWL Jteceive the Prominent tatives Anno BRYAN AGAINST PARKER NebraskaiuAlso Denies Alliance With New York Sua qfe&ai Service. -V^ New Haven,rfonn., March 29.Wil- liam J. Bryan, feaid: *'I amagains Judge 'Parker. Why nominate, an in terrogation point? J, am. not] in alli ance with Mr. Hearst* I do* not In dorse him more than others I have named as" available candidate s. 48Ir. Hearst stands for many things that the people of th is country demand. "The coming campaign^ will not be for the "election of a president, but for the election of a supreme, court. If the corporatio ns succeed they wi ll have the people af:' their mercy for the next ten years." ADJOURN ABOUT APRIIi 15 Both Parties Anxious to Get Away Democrats in Difficulties. New York Sun Special Service. Chicago, March 29.A Washington special to the Tribu ne says:^ If the plans of the republican leade rs are carried out there will be no impeach- (Continued on Second Page.) f**WKAQr* and Represen- Candidate to Policy. Hearst Boom forces Ranks of Party Into Line for New .York Man. New York Sun Spe^tai Service. Chicago, Mar^h '29.Walter Well ma n, In a Washington special to the Record-Herald, sys: Leading democrats here have settled down to l*e belief th'at Chief Justice Alton B.^^arker of New York. is to be their cajbijidate for preside nt th is year. '-& Prominent demwratic senators and representatives s&yothe time has come for him to declattj himself on im portant questions,Band to remove the one reproach th*^, has been heaped upon his candidacy-the charge that he is an unknowj^^quantlty, a blank, a man without ojphlons. If one were to^^indertake the study of the psychology 1 the democratic party at this prevent juncture, he probably would not" be far wrong in declaring the .followi ng to be a fair summary of the* national deniocratic mind: "If we permit Hearst and Bryan to make the nomination, the party will fall to pieces, it will go to smash. The nomination of Hearst would ruin the party utterly. It probably would break the solid south and place some of its electoral vgtes in the Roosevelt column. "On the other hand, if we go to the opposite extreme And name former President Cleveland, the Bryan peo ple will bolt. W shall have a di vided party and disaster. "Hence there is but one thing for us to do, and that Is to nominate a man who stands half-way between the two extremes, who will keep the party together, a man who was "regular" In 1896 and 1900, and who is fairly ac ceptable to all elements." In this frame of mind, democracy is turning to Justice Parker as the man who fills the bill. President Roose velt and his political advisers feel so sure Justice Parker is to be the rival standa rd bearer they are already looking up his Tecord. For all these reasons there is a great desi re for more definite and satisfactory information as to who and what Chief Justice Parker real ly is. I THE TRUSTS ARE SAH) M-.fB QFP FOR CUBA 50 JAPS AND I RUSSIANS SLAIN ryin it- Iff Battle Is PoughtPi'orty Mpes Southwest of Russian Base onYalu. Body of Cossacks Compelled to Retreat by Force of Report Shows Japanese Are Con tinuing to Advance Toward Manchuria. Special to The Journal. Seoul, March 29.What is believed to be a reliable report has reached th is city to the effect that there was a n, engagement between a force of Japanese infantry and a body of Cos sacks March 23 in which the Japanr ese lost fifty and the Cossacks 100 killed and wounded. The fight took place between An-ju and Chong-ju and resulted in a victory for the Japanese, the Russians retreat ing. Wi-ju, on the Korean side of the Yalu river, ne ar the mouth, is held by a strong force of Russians. Chong-ju is about forty miles south east of Wo-ju and about twenty-five miles northwest of An-Ju. From this, it is believed that the Japanese main body, last reported at An-ju, is continuing to advance, and has come into touch with strong forces of Russians. It is not believed, however, that an engagement of importance wi ll take place for some time. BOTH FLEETS MANEUVER Chinese Declare Russians and Japan ese Meet on Open Sea.' New York Sun Special Service. Wei-hai-wei, March 29.A Chinese junk reports having seen yesterday eleven Russian seaworthy vessels ma neuvering in the vicinity of the Jap anese fleet, which had also been ma neuvering. N sound of firing has been heard here. ENGIiAND SCENTS TROUBLE Complications May Follow If Russia Continues to Stop Ships. New York Sun Special Service. London, March 29.There is a good deal of very strong talk here in cir cl es that can almost be said to be of ficial, of the possibility of England having serious trouble with Russia. Several prominent Russian newspa pers have reached a state of frenzy in their hatred Of England and Amer ica, and already there have been sev eral questions of a most pointed char -v- v,naa. about Russian "interferenc with Eg lish ships in the Sue* -'canal and the Mediterranea n. Some men here who really ought to be absolutely familiar with the sit uation, have- express ed the decided opini on that there will be a crisis soon Unless matters take a different as jpect than at present. The govern ment is prepared for any emergen cy, arid, while there is^no fear ex pressed as to the possible' outcome in case the situation develops further unpleasantness, there is a belief that the situation may prove to be a dis turbing influence in financial circles. I am not at liberty to quote names, but at least two men high in English political life look for the situation to assume a dangerous aspect. W. Northrop. nf ^.^!?.J?,%i^ *^2 7 ENTER PE-CHI-M GULF Japanese Transports Pass Port Arthur Under Cover of Attack. New York Sun Special Service. Chi-fu. March 29.Whether Ad miral Togo passed his transports thru (Continued on Second Page.) 'Boss" Connors Accuses National Committeeman of Misusing 1 Forty Thousand. y NATIONAL COMMITTEEMAN MACK. Acoused of misusing: party funds. Buffalo, March 29.William J. Connors, democratic leader, in his newspaper, the Enquirer, to-day ac cused National Committeeman Nor man E Mack, his rival, of appropriat ing to his own use $40,000 of the dem ocratic campaign funds in 1903. Mr. Mack last night caused Mr. Connor's arrest for libel, swearing out a war rant before Police Justice Murphy. Mr. Conno rs has given bail and is to re iterate the charge in his newspaper, the Courier," to-day. DEADLOCK OVER MINEBS'SCALE Neither Side Will Yield Point and Situation Becomes Se rious. Pittsburg, March 29.The commit tee of the United Mine workers and the coal operators of the Pittsburg district appointed toadjust the scale n for the coming year have, deadlocked Neither side, it is said, will yield any point and no progress has been made during the five days' confer ence. The committee is in sessi on again to-day the Miners*' President Dolan: says If the members fail to settle the question at issue the' conditions wi ll be serious. TEXANS ON VERGE OF BIG RACE WAR Negroes Fire on Whites and Citi zens Arm Themselves for Strife. Houston, Texas, March 29.Racial feeling ne ar Selsbee, 100 miles east of Houston, is very bitter, and many of the citizens are under arms. The trouble arose over a number of ne groes firing on three white men Sun day night, wounding them. The sit uation has been aggravated by the murder of T. McKinnel at a lum ber camp by two negroes, who were arrested by Sheriff Roberts of Hardi ner. The sheriff was in the act of board ing a train with the negroes when someone in the crowd fired, seriously wounding one of the blacks, Bob Chil dress, and also wounding the sheriff. Citizens of that section ordered arms from Saratoga and- other points, and a war of extermination on the blacks seems to be Imminen t. T.here has not been any outbreak, but the situation is serious. BRYAN'S APPEAL HEARD Nebraskan Tries to Have Bennett Will Decision Overruled. New Haven, Conn., March 29.The ap peal of William Jennings Bryan in rela tion to the will* of Philo S. Bennett as heard In the superior court to-day be fore Judge Edwin B. Gager and a jury. Mr. Bryan appeals from the decree that the "sealed letter" is not a part.of the will. Mr. Bryan was present in court. No More PROBABLY BAIN TO -HEBHT AJRD WEDNESDAY. [AGKTOOr ?f FUNDS OF PARTY *x 16 PAGES-FIVE O'CLOCK. 14 f\: TELEPHONE TRUST a IS INCORPORATED- Independent Companies Merged in a New Telegraph and Tel ephone Concern. -"**$ 1 4 Combine Able to Compete With, Postal and Western Union Companies, New Lines to Be Built to Make National System Com-, plete.. 3 !3 a Special to The Journal, Chicago, March 29.It develops that the new United States Telegraph, and Telephone company, incorporat ed at Springfield Thursday, is in reality a consolidation of all the Independent) telegraph and telephone companies ofj' the United States into one huge cor poration, which, it is claimed, will, have means enough behind it to com-] pete successfully with a possible con solidation of the Postal and Western)' Union companies. For the past three months, H. B.. Hulit, representi ng eastern and west-! capitalists interested in the enter*! prise, has been in Chicago concluding arrangements with the independent! companies in every locality from Salt I Lake City to Albany, N New Lines Proposed. 1 System I Completed. ,_ /f Thru independent. lines that have), now enter ed the company, a system isi completed which, by the building ofj but a few hundred miles of new lines, will extend from Omaha to Boston,) reaching all the principal cities inter*) vening, as far nor th as Minneapolis and as far south as Louisville, Ky. I will reauire the building of but sixty miles of new line to give connec-' tion, thru the independent lines that I have entered the syste m, with all cities between Chicago and Albany, N Y. building a new line from Chica* go to Springfield, 111., the new system! is placed in connection with" the Kin loch company, which will gi ve service to St. Louis and other Missouri points reaching to the center of the state. & WS? New lines wi ll have to be built ta, make connection from the terminus' of the Kinloch lines to Kansas City, Omaha and Salt Lake City. The incorporators of the "new. system*: charge the old American telegraph,: companies with being far behind the times in new improvements, ah they,! say that new and radical improve-1 ments will at once be instituted in this new combination telegraph and tele phone service that will completely revolutionize the Anaerican method ofj conversing by wire. The^service will be so arranged that! j a person who enters a telegraph boot li I can either send a telegraph or a tele-*CH phone message as he desires. S The cost of sending "a message over _, the new lines, it is alleged, wi ll about Half what it is over the old lines. "Might Lbaae,"^".Saysi Mr. Moulton. "The Twin Oity Telephone company will retain its individuality and con trol of its system, matter what may be done by other independent tele phone companies of the country," sal B. II. Moulton, president of the com* pany, to-day. "The only connections we might make would-be to lease ths use of wires to the. new long distance telephone and.telegraph company, buU nothing more than a traffic arrange* ment wi ll ever be made." SCHWAB AVOIDS 3 PAYING BIG AI Millionaire "Swears Off" in Ne\ YorkRussell Sage Fails to Appear. Mew York Bun Special Service. S S The Journal will take 4 0 of its most popular subscribers to St. Louis World's Fai r, pay all their expenses and give them the trip of their, lives. PLAN O CONTESTMinnesota, North and South Dakota, Iowa, Wisconsin and Northern Michigan are divided into 40 dis- tricts, each entitled to one prize winner. The subscriber who gets the largest vote in each district is that district's winner. Enter your own name and get in the race^you stand as good a chance of winning as anybody. Or, if you have a friend working for a prise, give him your subscription and'help his vote. WHAT VOTES COUNT cent paid on. subscriptions counts one vote, with a special credit for one year's subscription in advance of 1,000 votes.. i If you want detailed information about the conte st and sugges- tions how to push your vote, write to The Journal's- Circula- tion Manager and it will be a pleasure to assist you' In any way. 1 New York, March 29.-Charles MV Schwab has sworn off an' assessment of $100,000 on his personalty, claims ing a legal residence in Loretta, Pa. Mr. Schwab admitted that he eV ceiv ed many benefits by his actual res idence here during a large part ot the year and consented to pay ot\ $5,000, whiah was satisfactory to tha-, commissioners. Last year $575,000,000 in personal-* was held on the tax books. Conv* mis*sioner Strasbourger says he thinks this year the total wi ll be at least $600,000,000. Russell Sage last year paid the tax on a personal assessment of $2,000,-j 000. Mr. Sage declared he had for-j gotten that the time limit for "swear ing oft" expired on March 31. has not forgotten this time, but sent aj lawyer to ask that the figures be re duced to $500,000. was told that Mr. Sage would have to appear in per* son. Nothing has since been liearA, from Mr. Sage. UHIMMMMHltttl Each coupon counts one vot e. Each Coupon and Entry Blank on Page 14, This Paper. Entries After March 31. .m 1 *2 $1