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The Minneapolis journal. (Minneapolis, Minn.) 1888-1939, October 19, 1904, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045366/1904-10-19/ed-1/seq-1/

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Heavy Rains Make Operations
Difficult and Armies Take
Needed Best.
POINT OF NEXT BLOW
A MATTER OF DOUBT
Report that Kuropatkin Has Re
sumed Offensive Is Not
Confirmed.
St. Petersburg, Oct. 19.General Sak
haroff telegraphs at midday today that
the Japanese are concentrating at Sin
shin-pu. west of the railroad.
A detachment of Eussian cavalry rec
ounoitermg last night in the vicinity of
Chak-he captured two Japanese guns
with no losses to themselves.
The flush of enthusiasm yesterday
evening over the capture of Lone Tree
hill and Shak-he, the repulse of the at
tacks of the Japanese left and the hard
drubbing given General Yamagada, with
the capture of fourteen additional guns,
has given way this morning to a calmer
and more sober appraisement of these
partial sucoesses.
There is no official confirmation of
the report that General Kuropatkin has
resumed a genuine offensive. Indica
tions are rather that the general Jap
anese offensive has exhausted itself and
that the position of the armies is now
a sort of deadlock, with the country
rendered so sodden by the heavy rain
as to compel a temporary suspension of
general operations.
A complete veil hides the movements
east, but both Kuropatkin's and Sakha
roff's reports say there were no colli
sions on that portion of the battle
ground Monday or Tuesday.
Field Marshal Oyama evidently re
gards Lone Tree Hill, from which Kuro
patkin could pivot a turning movement
against his left, as of vital im
portance, as both Sunday and Monday
nights, the latter during a terrific storm,
he made desperate efforts to recapture
it, accompanying the assaults with
demonstrative attacks against other
points. But all the efforts failed.
Neither Kuropatkin nor Sakharoff in
the dispatches given out this morning
sends details of the defeat of Yama
gada's column and the capture of the
Japanese guns.
Pitiful pictures are painted by the
war correspondents of the shelterless
troops bivouacking in the cold ram, the
roads converted into quagmires and the
streams flooded.
The military critics are not yet sat
isfied that Oyama is ready to relinquish
the offensive, expressing the opinion
that he may still try to break thru the
Eussian center in order to compel Kuro
patkin to retire from the line of the
Hun river, unless, as they believe, he
has become convinced that the su
periority of the Eussian numbers and
reserves makes his withdrawal to the
line of the Tai-tBe river advisable.
Russian Reserves Still Fresh.
General Geisman asserts positively
that up to yesterday Kuropatkin had
not brought anything like the regiments
of his reserves into action, and the
number of fresh units, behind which his
battered troops could reform, accounts
for Kuropatkin'a ability to assume the
offensive. Two complete corps, Gen
eral Stakenberger's First corps and
General Dembowski's Fifth Siberian
corps and parts of five other corps, he
Bays, are still unused.
Czar Has Not Weakened.
The Associated Press learns that the
reports representing Emperor Nicholas
as being despondent and depressed are
i far from the truth. General Velitchko,
who saw him Monday night, declares
that while the emperor is greatly
rieved at the terrible sacrifice of
lfe, he is as firmly resolved as ever
that the war must be prosecuted to a
successful close and that he is by no
means satisfied that Kuropatkin,
whom he expresses the fullest confid
ence, would not be able to turn the
tables on Oyama before the present
engagement is ended.
Baltic Fleet Will Divide.
The Baltic fleet will divide, part of
it going by way of the Suez canal and
the remainder round the Cape of Good
Hope. Captain Jakovleff, formerly of
the battleship Petropavlovsk, who is
now here, explains that the delays in
getting the warships thru the canal
make a division of the fleet advisable,
the cape route being only a fortnight
longer with coaling at sea instead of
port. He believes the voyage to
far east will be made in ninety days.
The fleet has left Fakke Berg, Den
mark, for the north.
PREDICT RUSSIAN RETREAT
Japanese Think Movement on Russian
Bight Looks That Way.
Tokio, Oct. 19.The Eussian concen
tration in front of the armies of Gener
als Oku and Nodzu (the left and center
respectively) on Monday, reported by
Field Marshal Oyama, is now thought
to indicate that General Kuropatkin is
merely seeking to protect his right and
1 rear in order to gain time to withdraw
i his army across the Hun river, because
it is believed that it will be impossible
.tfor him either to move aggressively
/against the Japanese or to hold his po
i sition on the Shak-he river. The field
marshal reports that on Tuesday the
enemy seemed gradually decreasing his
force in the direction of the Japanese
army, only small detachments contm
uing actively. The enemy, beaten at
{fBen-si-hu, is retreating northeast. In
the direction of the central army, the
enemy last night made assaults, but
they were all repulsed.
Port Arthur Expected to Give Up.
There is a popular impression here
that affairs at Port Arthur are reach
ing a crisis and it is believed that the
end is only a question of days.
Russian View of Shift.
The report that the Eussian right is
being extended westward, the center of
the right being now facing Sin-chin
pu, is regarded as important. This
may have been necessary in order to
protect Kuropatkin's right, or, if the
offensive is imminent, for the purpose
of crumpling up both General Qku's
flanks and driving him towards the
Shak-he river. Other signs of the of
fensive are noticed. There has been
Continued on Second Page.
FORCES SHIFT FOR NEW GRIP
CRISIS NEAR AT PORT ARTHUR
$
ARMIES PAUSE IN
WORK OF CARNAGE
GENERAL GRIPENBERG,
Called by Czar to Command Second
Manchurian Army.
HOPE OF RUSSIA
IS IN GRIPENBERG
Finn, Lately in Exile, Called to
Command Czar's Second
Army.
St. Petersburg, Oct. 19.The hope of
the entire Eussian nation 1B today cen
tered in General Gripenberg, who will
leave Eussia for the front within ten.
days to command the new Eussian
army. The czar has decided to put
600,000 additional men in the field in
Manchuria. The war, he has declared,
must be continued to the bitter end.
In General Gripenberg the sum of his
hope and ambitions is centered. At.
the present hour Gripenberg is the man
of destiny in Eussia. Where Kuropat
kin has failed the czar and the nation
demand that Gripenberg must suc
ceed.
No general ever left for the scene
of war with warmer plaudits ringing
in his ears. Publicly, in the rescript an
nouncing his appointment, the czar
held him up to the world in words of
glowing praise as the salvation of Rus
sia in its present war.
Lieutenant General Oscar Kasimori
vitch de Gripenberg is a Finn of noble
descent. Practically he has been sum
moned from exile to take this import
ant position. He had been governor of
the Finnish province of Vibourg until
two years ago, when he refused to
carry out an order against the Finns
issued by the late Governor General
Bo"brikoff. The result was that h^e was
removed from office and prohibited to
enter Eussian. A few months ago,
however, he was permitted to return,
and now is honored with this coveted
command. General Gripenberg is over
67 years old and is six feet one inch
tall. He has the reputation of being a
keen soldier and a daring leader.
SUICIDE'S BODY BURNS
IN STRAWSTACK FIRE
Speoial to The Journal.
Marshalltown, Iowa, Oct. 19.Miss
Carrie Wohlford, living near Popejoy,
Franklin county, committed suicide by
shooting herself with a rifle. The
weapon set fire to a strawstack, where
she had gone to kill herself, and her
body was consumed except a few
bones. Motive for the deed is not
known. She was a highly respected
young woman and kept house for her
two brothers.
YEAR'S POSTAL RECEIPTS
LARGEST IN HISTORY
New York Sun Special Service.
Washington, Oct. 19.Postmaster Gen
eral Wynne has taken up the postal esti
mates ^vith the president. It was the most
prosperous year In the history of the de
partment, the total postal receipts being
$143,582,624, a gain of nearly $9,000,000
over the preceding year. The deficit, of
course, Is due to the Increase of the
rural free delivery system.
"The postofflce Is the best barometer
of business conditions," said a prominent
d-- tment official. "It keeps its fingers
the pulse of traded The current ap
propriation br~ cprreress for the free de
livery service for the ourrent year is
$20,814,600 and the estimate of the appro
priation needed for the same purpose dur
ing the next fiscal year is $26,822,900.
$1,000 POODLE LOST
ON STREET BY MAID
New York Sun Bpecial Servioe.
New York, Oct. 19.August Belmont
has reported to the police the mysterious
disapearance of Mignon, thev
French poodle, for which Mr. Belmont
paid $1,000 In Paris eight years ago.
One of the Belmont maids, whose es
'peciaj. duty it Is to take care of Mignon,
was walking near the big brownstone Bel
mont mansion, looking at the procession
of automobiles, when Mignon vanished.
Mignon has been a pet of the 400 for
years It has a bed of its own and
drinks, it is said, nothing but cream bot
tled for it on Mr. Belmont's farm near
Hempstead village.
celebrated
NORTH DAKOTA BANK
BLOWN DP AND ROBBED
Fargo, N. D., Oct. 19.A telephone
message from Clifford says the State
bank there was robbed of all its money
last night and the safe and building
wrecked. The robbers are believed to
be experts.
The robbers, it is said, secured $3,500
in cash. The bank was insured.
DEATH OF BELOIT BANKER.
Beloit, Wis., Oct. 19.7-John Haley,
president of the Beloit State bank,
died suddenly today of heart disease.
He was 56.
fK
NEGRO THRESHER
KILLS WHITE MAN
Fatal Shooting Follows Quarrel
Between Threshing Hands
Near Portal N. D.
Bpecial to The Journal.
Portal, N. D., Oct. 19.A murder was
committed today about fifteen miles
southwest of this place.
James Gousby, a negro, 23 years old,
was employed on a threshing rig, Wal
ter Gates having charge oi the sepa
rator. Some dispute arose as to the
work between Gates and Gousby, and
Gates procured a shovel and struck the
negro over the head. Gousby then ran
to the boardingcar, a short distance
away, and secured two rifles and start
ed back for the machine after Gates.
Gates saw him approaching and tried
to run around the machine and across
the field. As he left the shelter of the
strawstack Gousby fired a shot from
a large caliber Savage rifle, the bullet
taking effect in the breast of Gates,
who fell mortally wounded.
Gousby started to run and was pur
sued by N. O. Henderson and his son
Nils, who had witnessed the shooting.
Gousby shot at his pursuers and Hen
derson's son shot over the murderer's
head in the hope of stopping him. After
a chase of a mile he threw down his
gun, held up his hands and surrendered.
He was brought to this place and
lodged in jail and the coroner at Minot
notified.
The murderer's father lives at Kan
sas City and he has brothers and a sis
ter at Troy, Ala. Gates was a single
man and had resided here several years.
The feeling against the negro runs
high, but there are no signs of violence
against him.
THE GOVERNMENT
WARS ON MORMONS
Secret Service Men After Evi
dence Against Polygamists of
Southwestern Wyoming,
Speoial to The Journal.
Butte, Mont., Oct. 19.Star Valley,
in southwestern Wyoming, is excited
over the presence of government secret
service men who are working up
evidence against the heads of several
Mormon families who, it is alleged, re
side with plural wives.
Information has been filed against
United States Commisisoner H. Ken
nington of Afton, who is charged with
polygamy by Charles M. Owen, and it is
understood that other arrests will be
made shortly.
I is said that several Mormons of
Star Valley have been living for years
in open violation of the laws, but that
the fact was not generally known for
the reason that all of the residents of
that section are Mormons and because
Gentiles seldom visit the region.
One man is said to have had five
wives, four of whom are living, and to
represent a family of sons and daugh
ters, grandchildren and great-grand
children numbering over eighty.
It is feared by republicans that the
arrests of Mormons at this time will re
sult in the solid Mormon vote of Wy
oming being polled for the democrats,
and this may defeat some of the repub
lican candidates.
ROYALTY TO HONOR YANKEES.
London, Oct. 19.King Edward to
morrow will receive the officers of the
American warships now at Gravesend
and will ent/rtain them at luncheon at
Buckingham palace.
IIIIIMHIIIItMIIIHIIIIHMItlMHIIMIIIHIIMHIIIIIMIHIWHtH
[WEDNESDAY EVENING OCTOBER 19, igo4.
ENORMODSIEALS
ON WALi STREET
j65e?Wt
Erie and St. Paul Stacks the Nad
ers in Big'Trading oty*$
the Efay.r
**1
New York, Oct. 19.There %aS a big
market for stocks again today, the
dealings during the mtorning being fully
up to the average o Monday and yes
terday. There was much confusion in
the price movement owing to the buoy
ant upshot of some^of the leading spec
ulative favorites, while profit taking
was industriously carried on at other
pits.
Erie was the prominent feature, in
accordance with-tips industriously circu
lated before the opening of the stock
market. The opening transactions in
that stock showed purchases and sales
of numerous blocks of from 3,000 to
7,000 shares, and the opening prices of
36 and 36% were not varied more than
during the enormous transactions
during the whole Of the first hour.
Other buovant features were St. Paul,
Reading, Southern Railway, Atchison
and Leather. In these stocks there were
long strinps of sale recorded on the
tape, running front 1,000 shares and
upward in individual blocks.
Outside of_ these features the promi
nent stocks in the market moved nar
rowly and seemed to be affected by
pressure to take profits. But a number
of minor stocks shared in the notable
strength of the leaders.
There was little actual news in cir
culation, but gossip pointed to import
ant betterments in prospect for the
Erie, and the election to the director
ate yesterday of George F. Baker, was
much dwelt upon as indicating the
entry into the property of important
new' interests.
The rumors of a Northern Securities
settlement helped St. Paul, and of an
early dividend on Beading accounted
for the movement in that stock. United
States Steel preferred was under dis
tinct pressure and ruled below last
night during the greater part of the
morning. Jr
The supporting tactics of the market
leaders lost their effect on sentiment as
the day progressed^ The weight and
volume or the profit-taking proved of
greater influence and spread the disposi
tion to reduce long lines of stock. When
the reaction got failly under way there
was a shoveling out? of stocks from all
directions and prices broke violently.
The gains established in the leading
active stocks were completely wiped
out and the losses elsewhere in the list
ran all the way from one to two points.
The bears turned on the market and
offered prices down and succeeded in
uncovering stop-loss orders which
shook out additional offerings. The ac
tivity on the decline was almost equal
to that of the heavy buying of the
morning.
CHILDREN DIE IN
BURNINfriSYLUM
JL^ Z%z
Home for Little Ones, in Illinois
Town Destroyed by
Fire.
Shelbyville2 111., Oct. 19.The Mid
dleswork Children's Home was de
stroyed by fire today and altho the
flames were discovered while the chil
dren were asleep, all but two were res
cued.
The dead:
ALFEED PETEBSON, 9 years old.
CHABLES PETEBSON, 11 years old.
There were thirty-one children sleeping
in the upper rooms of the home, which
was a three-story frame and brick build
ing. One of the older boys was aroused
by the smell of smoke and gave the
alarm. It is believed that the two chil
dren who were burned were overcome
by the smoke in their beds, as they had
evidently made no effort to escape.
THE STEADY WORKER
The Angel DeathOh, yes, war you do pretty well for a spasmodic fellow, "but Iodic w'
lieutenant yonder does, with no apparent effort.
Defective Page
Steamship Company Discredits
Report of Appalling Disas
ter at Sea.
New York Sun Speoial Servioe,
London, Oct. 19.A Vienna dispatch
to the London Standard this morning
gives a rumor current in that city
to the effect that a Cunard steamship
from Fiume with 2,200 emigrants
aboard has sunk off the Spanish coast.
A fierce storm was raging at the time.
The Standard has no confirmation of
the report, but gives' it for what it is
worths The Standard, it must be said,
is one of .the most reliable of the Eng
lish newspapers.
Fiume is in the Adriatic sea and is
Hungary's only port. I is almost op
posite Venice.
At the offices h^re of the Cunard
Steamship company, the rumor pub
lished in America that the steamer
Slavonia had sunk in a storm off the
Spanish coast is entirely discredited.
The Slavonia, it is pointed out, passed
Gibraltar Oct. 11 and the officials can
not see how she could be anywhere in
the neighborhood of the Spanish coast.
The vessel is due at New York Oct. 22.
The Cunard line has four slow steam
ers on its Mediterranean Adriatic
service. They are the Ultonia, Sla
vonia, Pannonia and Carpathia. All
fly the British flag and are command
ed by British sailing masters, several of
whom belong to the Royal naval re
serve.
The ports of sailing are Fiume, Tri
este, Naples and Gibraltar. All these
ports are called at to gather the large
number of Hungarian, Austrian, Italian
and Spanish emigrants which these
boats carry in addition to southern Eu
ropean freight.
The Ultonia sailed yesterday from
New York for Europe the Carpathia
is now en route to Naples the Slavonia
left Fiume Oct. 6, and the Pannonia
left Oct. 12.
The'Slavonia was reported at Gibral
tar Oct. 11. She is commanded by
Captain Barr. The Pannonia is com
manded by Captain Potter. Both are
known as careful officers.
CATHOLIC YOTE
IN ITALY URGED
Prelates Want Pope to Consider
Possible Advantage to the
Church in Balloting.
y *w
gL *^M -s*.
Some, Oct. l&.-*4teveral "bishops of
north Italy, including Cardinal Ferrari,
archbishop of Milan and a close friend
of the pope, have petitioned him per-*
sonally to consider whether the moment
has not arrived to allow Catholics to
participate in the general elections.
According to the petitioners, their
abstention from voting during the last
thirty-four years has brought no# ad
vantage to the claims of the Vatican,
while it has seriously endangered the
interests of religion by intrusting
power to the open enemies of the
church, and they believe that if the
Catholics are allowed to vote, if not
for real clerical candidates, at least
for conservatives, it would insure the
presence in the chamber of deputies of
a strong party capable of preventing
the passage of bills aimed against re
ligion.
The pope has not yet taken a deci
sion, but he has asked for the opin
ion of the most authoritative cardinals.
London, Oct. 19.Admiral Van Sit
tart is dead. He was born July 21,
1818, and retired 1873.
TWO^PORTRAITS OF DR. AMES
ARE PAINTED FOR THE JURY
RUMOR HAS 2,200
IN OCEAN GRAYE
WILLIAM H. TAFT,
Secretary of War, Who Will Go to
Isthmus.
PRESIDENT SENDS
TAFT TO ISTHMUS
Secretary of War Will Visit Pan
ama to Heal Differ-
ences.
Washington, Oct. 19.The president
has instructed Secretary of War Taft
to proceed at an early date to Pana
ma to confer with the president of that
republic with a view to composing the
differences that have arisen between
the two countries.
The following letter has been sent
by the president to the secretary of
war after a conference with the secre
tary of state and the secretary of war
in respect to the conditions in Panama:
"By executive order of May 9,1904,
I plaeed under your immediate super
vision the work of the isthmian canal
commission, both in the construction of
the canal and in the exercise of such
governmental powers as it seemed nec
essary for the United States to exercise
under the treaty with the republic of
Panama in the canal strip.
"There is ground for believing that
in the execution of the rights conferred
by the treaty, the people of Panama
have become unduly alarmed at the
..effect of the establishment of a gov
ernment in the canal strip by the com
mission. Apparently they fear lest the
effect be to create out of part of their
territory a competing and ^independent
community which shall injuriously -af-
fect -thehr-^resin^jsj rerduce^their^^r^sje-
nues and diminish their prestige as a
nation.
Benefit to Panama.
"The United States is about to con
fer on the people of the state of Pana
ma a very great benefit by the expen
diture of millions of dollars in the con
struction of the canal. But this fact
must not blind us to the importance
of so exercising the authority given
us under the treaty with Panama as to
avoid creating any suspicion, however
unfounded, oi our intentions as to the
future. We have not the slightest in
tention of establishing an independent
colony in the middle of the state of
Panama or of exercising any greater
governmental functions fhan are neces
sary to enable us conveniently and
safely to construct, maintain and oper
ate the canal under the rights given
us by the treaty. Least of all do we
desire to interfere with the business
and prosperity of the people of Panama.
"However far a just construction of
the treaty might enable us to go, did
the exigencies of the case require, in
asserting the equivalent of sovereignty
over the canal strip, it is our full inten
tion that the rights which we exercise
shall be exercised with all proper care
for the honor and interests of the peo
ple of Panama. The exercise of such
powers as are given us by the treaty
within the geographical boundaries of
the Bepublic or Panama may easily, if
a real sympathy for both the present
and future welfare of the people of
Panama is not shown, create distrust
of the American government. This
would seriously interfere with the suc
cess of our great project in that coun
try.
"It is of the utmost importance that
those who are ultimately responsible
for the policy pursued should have at
first hand as trustworty information as
can be obtained in respect to the condi
tions existing in Panama and the atti
tude and real interests of the people of
that state.
Taft to the Isthmus.
After a conference with the secre
tary of state and yourself I have con
cluded that it will be of great advan
tage if you can visit the isthmus of
Panama in person and hold a conference
with the president and other govern
mental authorities of the Bepublic of
Panama. You are authorized in doing
this to take with you such persons as
you desire, familiar with the conditions
in the isthmus, who may aid you with
their counsel. The earlier you are able
to make this visit the better.
"The secretary of state will instruct
the United States minister at Panama
to render you every assistance in his
power and the governor of the canal
strip, General Davis, will of course do
the same thing. You will advise the
president of the republic what the pol
icy of this government is to be and as
sure him that it is not the purpose of
the United States to take advantage of
the rights conferred upon it by the
treaty to interfere with the welfare
and prosperity of the state of Panama
or of the cities of Colon and Panama.
You will make due report of the result
of your visit on your return."
Senor Obaldia, minister of Panama
to the United States, held a conference
with the secretary of state and secre
tary of war subsequent to the receipt of
this letter and# the "secretary of war
invited the minister to accompany him
on his trip to Panama. I is impossible
to say exactly when the secretary of
war can leave, but probably on Nov. 14.
MILWAUKEE COMPANY IN STRAITS.
Cincinnati, Ohio, Oct. 19.Dudley V.
Sutphin was today appointed co-receiver
of the United States Construction com
pany of Milwaukee, whose contract for
building reservoirs for the Cincinnati
waterworks was annulled some time ago.
The company's property in Ohio is esti
mated at $25,000 in machinery its total
assets $50,000, while the liabilities are
$100,000.
FIREWORKS MY
IN AMES' TRIAL
High Tension Oratory by Bothl
Sides for Benefit of
Jury.
THE TWELVE GOOD MEN
RETIRE THIS AFTERNOON^!
A Vital Issue in the Case Is
the Complicity of Wit-
nesses.
With unquenchable enthusiasm and
boundless energy, E. S. Cary is making
his last effort to raise a reasonable
doubt in the minds of the twelve
jurors as to the guilt of former Mayor
A. A. Ames,*whose trial on the charge
of receiving a bribe of $20 from Bessie
Lee is rapidly drawing to a close be
fore Judge A. M. Harrison.
How well he succeeds will soon be
known. Judge W. A. Kerr completed
his argument shortly aJter 11. Mr.
Cary will finish this afternoon. Judge
Harrison will charge the jury and the
fateof the four-time mayor of Minne
apolis will for the third time rest upon
the determination of a jury of his
peers before night.
Judge Kerr Closes.
Without preliminary flourishes Judge
W. A. Kerr this morning resumed his
closing argument where it was inter
rupted last evening. Step by step the
prosecutor took up the evidence in the
case and with keen and striking analy
sis showed up the flaws in the defend
ant's story, which is al there is left
for the genial doctor' to depend upon
to cause a reasonable doubt as to his
guilt. With cutting sarcasm Judie
Kerr showed how entirely inconsistent
with innocence and a desire to enforce
the laws were the mayor's official and
unofficial actseven those admitted by
himself upon the witness stand.
He painted graphic word pictures of
the defendant's brother, unwilling and
hesitating, compelled to go upon the
witness stand and under order of the
court to give damaging evidence against
the defendant. He told of other wit
nesses, reluctant to detail their shame
ful part in the nefarious transactions
of the Ames graft regime, who thru
the power of the law had been forced
to tell the truth, even when it hurt
their life-long friend. *j
The speaker alluded sarcastically to &
the defendant's attempt to deny the
statements of the men whom he himself
had led into trouble~and into the peni
tentiary, and asked the jury which
statements they were going to believe.
The Beformed Norbeck. a**3**-
"Can a man never tell the truth
again after he has once committed a j||
crime demanded the prosecutor in "$i|
speaking of the evidence of Norbeck.
"Can a man never repent? Can he
never again live a right life, even after
he has paid the penalty of obeying his
superior's orders by serving time in the &
penitentiary? -=&
That is what the defense wants you
to believe in this case. Will you "be- A
lieve it or will you believe that this zM
man without interest in the sending of *Jp
a man to the place from which he has tfi
been released is, under oath, telling you Z*4
the truth because he is compelled to!"
Cary Talks for Ames.
When Judge Kerr had finished, Mr. 1A
Cary rose. After an apology for his i
sometimes apparently disrespectful con- fp
duct toward the court, the attorney be
gan by emphasizing the fact that a man ii
cannot be convicted upon the uncor
roborated evidence of accomplices and *g)-
then, with little regard for the evidence
and the law, he declared-that this rule
of law and the constitutional rights of
the defendant would exclude the
evidence given by Gardner, Norbeck,
Brown and Fred Ames. pf
"And what have you left?" asked |p
the speaker. His answer was that ,"3
Hill's information of graft taken to the %%$
mayor and Mr. Boutell's testimony of %4
a conversation about women of the ^jj|
town being overtaxed were the only lag
pieces of testimony left to connect the vfl
defendant in any way with the graft
and the statement was followed with
an.attempt to explain away the sig- ^S
nincance of this testimony. jsfg
The Court on Accomplices. +f%
The law, as it will undoubtedly be
laid down by the court in his charge
Telating to accomplices, defines an ac
complice as one who knowingly, vol- f
untarily and with common intent withs||
the principal offender, unites in the^tS
commission of a crime." The crimeCX
in this case is the receiving of $20 from ^9
Bessie Lee. j. If
Upon these premises Gardner, and\U
possibly Norbeck, must be found to be
accomplices, but there is absolutely nol^ff
evidence in the case making Fred Ames **I
or Tom Brown accomplices. The evi-^1
dence of these two will, therefore, serve
to corroborate the other state wit-*
nesses.
Furthermore, the testimony of ac
complices is proper and must be taken
by the jury for just what -ihey think
it is worth. Upon this interpretation^
of the law, and in view of the case as%
i put in by the state, there seems, in the
eneral opinion, little chance of a ver
ict of not guilty.
Ames Seeks Disagreement.
According to one of the defendant's
counselors, what Dr. Ames hopes for
is that at least one of the jurors is his
personal friend and will hold out
against all odds.
Yesterday afternoon County Attor
ney F. H. Boardman was called as a
witness, but when an offer of what he
proposed to testify to was made pri
vately to the court, the state's objec
tions were sustained and the county
attorney was not allowed to take the
stand.
The state then rested. Judge Kerr
called Norbeck in rebuttal to show
where he secured the money he was
proved to have exhibited. He testified
that he received $300 from his brother
in-law in payment of a loan. Louis
Gjertsen testified that he had made out
the note for the loan and Mrs. Norbeck
further corroborated her husband's
explanation.
The cashier of the First National
bank showed from Dr. Ames' bank ac
count for 1901 and 1902 that only small
amounts had been on deposit and that
the money for the real estate purchased
by the defendant had not gone thru
this ordinary channel of business. The
inference was that being graft money,
it was not put in the bank*
i I
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