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FEAR TO REPORT
ON RATE HEARING
Senators Realize the Criticism
Sure to Ensue Would Help
By W. W. Jermane.
Washington, May 13.The reason
whv the senate interstate commerce
-Committee will not formulate a report,
based on its railroad hearings, until
shortly before congress meets in the fall
"has become known.
To make the report public n'ow would
bo to make that report the target of
critics for seveial months prior to the
time when congress will meot to consid
it, and this criticism would probably
be so destiuctive^as to pievent the re
sport's having airy influence in either
the house or the country.
i The senate committee does not pur
pose exposing its hand until the proper
moment arrives. The report will run
counter in most Tespects to the position
I taken by the president.
Gist of the Report.
As the result of confidential chats
with members of the committee, I feel
warranted forecasting somo of its
It will seek carefully to guard the
existing right of appeal to the courts
fiom any late ordei of the interstate
It will not oppose giving the com
mission power to name a rate in place
of a rate found unreasonable, provided
that this right of appeal is not inter
I It vwll oppose giving the commission
power to name a rate and have that
rate go immediately into effect.
It will oppose anything looking to a
It will recommend that -joint rail and
-ocean rates on exports and possibly on
i imports be exempted from publicity. This
would meet the point made by James J.
Hill, who, because of publicity, had to
surrender his flour market in the orient.
To Expedite Hearings.
It will lecommend that the hearing
of cases before the commission be ex
It will oppose the principle underly
in'g the E&ch-Townsend bill.
I will say that the power to make
rates ought to remain with the rail
It will embody the substance of the
law governing the long and short haul
as interpreted by the supreme court.
That would preserve the long and short
The bill presented with its report will
probably be the present law with slight
The commission will be severely crit
icized a3 inefficient. It will be
claimed that if the commission would
properly enforce cxistm'g laws, there
would be no need for legislation to reg
ulate the private car evil, and the re
bates paid to terminal railways and
New Elevator to Women's Floor
I At the Plymouth Corner entrance.
HEAD OF CLUBS
*Iowa Federation Elects New Offi
cers and Adjourns Its
Special to The Journal.
Waterloo, Iowa, May 13.The Iowa
'Federation of Women's clubs, in bien
nial convention here, elected the fol
4 President Mrs. J. J. Seerley, Burling
*ton vice president,. Mrs. Ellen Brown,
Waterloo recoidmg secretary, Mrs. E.
IS. Johnson, Humboldt corresponding
secretary, Mrs. Nash, Audubon treas
urer, Mrs. B. B. Clark, Red Oak audi
tor, Mrs. Maria Bibbs, Boone general
federation secretary, a new office, Miss
Harriet Lake, Independence.
A banquet will be served in honor of
the iew officers this evening by Water
The convention closed last night, but
the officers and committees ar%e/working
on plans for the next two years.
Oskaloosa will be the next meeting
Professor Zeublin of the Chicago uni
i versity addressed the convention the
^afternoon on "Art in Municipalities."
1 Mrs. T. J. Fletcher of Marshalltown^
the retiruig president, was 'given a
fjavel, the presentation speech being
made by Mis. Decker of the general
i GOEDS PINNED UNDER
AUTO BOTH STUNNED
Hew York Sun Special Service.
New York? May 13.While bounding
over the roads at New Rochelle at a
forty-mile clip, Mr. and Mrs. Emerson
W. Gould, Ji., came near losing their
a lives in an automobile accident late last
fiight. Mr. Gould's spine was injured
and he received internal hurts that may
I prove fatal. .Mrs Gould escaped prac
tically unhurt. Mr. Gould is president
of the Mexican & Gulf Steamship com
pany. He and his wife started in their
ear for Tuckahoe, A plumber had
pf. I placed a water pipe across North avenue
T in New Iftochelle, and when he filled in
the trench he left a mound eighteen
inches high acros*the road. When Mr.
Gould *s auto struck the mound the
-machine swerved, ran upon the side
walk, jumped a stone wall and fell over
an embankment, pinning Mr. and Mrs.
Gould beneath the machine. Both
were extricated unconscious.
BRYAN WANTS $2,500
FROM BENNETT GASH
jfew York Sun Special Service.
New Haven, Conn., May 13.William
J. Bryan, who was bequeathed $50,000
by a sealed letter accompanying the
jfill of Philo S. Bennett of this city,
which the supreme court said was ille
gal, todav filed his "account as executor
of the will and the account he has
charged $2,500 for his services. Mr.
Bryan said he would devote the fee to
educational purposes, which was the
I idea of Mr. Bennett in giving him the
50,000. Mr. Bryan reports that he re
*ceived $217,849.11 from Bennett, Sloan
& Co. of New York, of which Mr. Ben
nett was a partner, and that there still
|"|was $65,632.12 due theallestater by th
irm He collected from othe sourcee
l-for the estate $18,845.16,
HUNTEfft SHOOTS HIMSELF/
Special to The Journal.
it Miller. S D, May 13.A 19-year-old
Satmday Ironing j$$m& tn&4wi
Railroads Play for Delay, Even
^larining to Induce Two-Year
By W. W. Jermane.
Washington May 13.The railroad
rutt situation has become more acute
since the president at the Denver ban
quet and later in Chicago declared
himself, more radically than ever be
fore, in favor of giving the govern
ment the rate-making power.
The confidence of the country at
large in the president is so great
that popular sentiment is in danger of
crystallizing solidlv in favor of any
policy he may advocate, provided he
strikos while the iron is not, and so
when he says that government regula
tion of railway rates is essential to
the national welfare, the people may
be quite ready to believe him.
That the foregoing statement cor
rectly describes the situation is ad
mitted by the leading railway men
now in Washington as well as by mem
beis of the senate committee on inter
state commerce. These men are
alaamed at the popular response to the
piesident's recent utterances.
Iron Is Hot for Striking.
The president would strike while the
iron is hot if he were to call an extra
session, say in August, or early Sep
tember. Public opinion, still at high
heat, might in such an event force the
enactment of such legislation.
But there is no likelihood that the
piesident will convene congress earlier
than the middle of October, and the
this leeway of
forty fifty days as The
now admit that the president will
write a message that will present the
rate-making idea in its most attract
ive and convincing form.
As the session progresses and the
treasury deficit and other important
questions come to the foreground,
however, the senate will try to con
vince the president that it would be
unwise to proiect the rate question as
an active issue in the off-year cam
paign of 1906.
Postpone Two Years.
The senators will try to secure his
consent to a postponement of the ques
tion until after March 4. 1907, when
they will be willing to take it up at a
special session and dispose of it in ad
vance of the presidential campaign.
The chief argument to be used with
the president in favor of this postpone
ment will be that the present discus
sion is educational and should be con
tinued until the public can securely
grasp the elementary principles upon
which the rate making question rests.
Meanwhile, taking advantage of this
delay, the railways, of their own ac
cord, will clear the atmosphere by the
correction of many of the practices com
plained of. This done, it is figured
that when March, 1907, arrives, the
railway rate will no longer be a popu
In short, the president seems to have
the railways on the run.
Railroad men admit that if the presi
dent can succeed in forcing action at
the coming session of congress, they will
be greatly harmed, in addition to which
the country will be started toward gov
ernment ownership, or at least, drastic
Legislation at the next session would
also mean a more liberal statute, from
the viewpoint of the people, than the
railways care to accept. Any compro
mise act, they fear, might be vetoed
with a message that might so stir up the
country as to remove from public life
many of the men upon whom the cor
poiations for years have depended for
Railroads Need Postponement.
Every consideration, it will thus be
seen, demands, from the railroad view
point, a postponement.
Of course, the real reason for this
postponement could not be presented at
the White House, and so the president
is to be approached with the arguments
of political expediency and the need
President Highly Elated.
The president is highly elated over
the response the country has made to
his Denver and Chicago speeches. He
believes the country wants him to
stand fast for the policy he has out
This feeling of confidence will mani
fest itself should he decide to accept
an invitation to deliver an address be
fore the international railway congress,
now session Washington. It is
expected that this address, if delivered,
will contain a clearer exposition of his
policy than has yet been made, and at
the same time indicate to what ex
tent his attitude has undergone a
change since, in his message to con
gress last year, he said that "at pres
ent it would be undesirable, if that
were practicable finally, to clothe the
commission with general authority to
CANAL DIGGERS FLEE
FROM YELLOW FEVER
New York Sun Special Service.
Washington, May 13.A panic exists
among the employees of the canal com
mission on the isthmus on account of
the yellow fever. As many as can do
so are getting away. The Teassuring
reports of Colonel Gorgas, chief sani
tary officer and acting gqyernor, do
not malie them feel any better.
Secretary Taft cannot understand
whv this should be so in face of the
fact that there have been no new cases
in nine days, and everything indicates
that the focus of infection has been
destroyed. INDIANS HELD FOR
MDRDER OF A BROTHER
Ashland, Wis., May 13.John and
Charlotte Smart, Odanah Chippewas,
were bound over to trial today on the
charge of murdering a brother, Tom
Smart, on the reservation last month.
Trouble over a bottle of whisky oc
curred between the men and their
wives while making maple sugar, and
John Smart held his brother while his
wife beat out his brains with a ham
As all the parties are allotted In
dians, it is probable the federal court
will remand them to the state courts
Washington, D. C, May 13.(Spe-
cial)The following patents were
issued this week to Minnesota inventors,
as reported by Williamson & Merchant,
Patent Attorneys, 925-933 Guaranty
Loan building, Minneapolis, Minnesota:
Baker, Frank $ St. Cloud, Minn., fire
arm magazine Frantzich, Evald and
Frank Peterson, "Lowry, Mjnn., mail
system Garbo, Nils F., Minneapolis,
Minn., sorting cabinet Goodson, George
A., Minneapolis, Minn., (2) galvanizing
process Hastings,, George B., Pine
Island, Minn., protecting pad Heden
strom, Peter P., Lake Park, Minn.,
shifting attachment McGrath, Peter,
son of Top Robinson, while a- boat] Hibbing, Minn lemon ^squeezer Nead]
-Jru-nt'ng ducks, accidentally shot-MmseH'"""" -*-_-*
In the back and will probably diei|j|J
STATE HAS B0B#
IN ANOKA TRIAL
Surprise Is Promised bym State in
Williamson^S., ^Minneapolis, Minn. win- Iowa, Missouri and Kansas snoke. Kan-
dow shade and curtain bracket. sas took second and Missouri third.
Speoial to The Ji
Anoka, Minn!," May 13.The second
trial of the Columl|j| Heights bandits
is developing new phases that may
make it more interesting than the trial
that resulted in the conviction of Kal
derwit. The defense is bending every
energy to counteract the state's testi
mony regarding the three prisoners and
their associates at the Grand Central
hotel. Witnesses are brought in who
state that the two men now on trial
have been their employ and were
good workmen and apparently law
abiding citizens. Other witnesses will
declare that the state's witnesses have
made statements at variance with those
made on the stand.
The state is also expected to spring
some surprises on rebuttal. This morn
ing George T. Simpson, attorney for
the state, produced a letter and asked
Mabel Ward if the address was in her
handwriting. She admitted that it was.
The contents of this letter, it is stated,
will be a surprise. Miss Ward has said
that she had a conversation in the nail
with Hammon when there was no
deputy present. The state may pro
duce a person who overheard the con
Kolb Dons the Shoes.
John Kolb was again on the stand and
was asked to try on the shoes he pawned
with Goodman the night before his ar
rest. Mr. McGhee tried to call atten
tion to the places where the soles had
been worn. One of the jurors began to
ask questions and the defense quickly
ordered the shoes removed.
Frank McDonald, superintendent of
the Minneapolis workhouse, testified
that the Mason woman, who has figured
in the case, had been a*prisoner and
that she was released on Nov. 21, after
serving two sentences.
William West, the one man in the
saloon who returned the fire of the Bob
bers, was questioned concerning the run
ning time of the car he took to Colum
N. A. Nieforth, a foreman for John
Mack, stated that Kolb had worked for
him and was a good man. He also said
that Kolb had been at the place asking
for Mack on Nov. 22 and 23. Cross
examination drew out the fact that
Kolb had not worked for the witness
for two or three years.
John Johnson, the bartender at the
Grand Central, told how beer was
bought by the clock. W. A. Wolf had
said to him, "If you know anything
about this case don-*t tell it, or I'll
prove it. Yo just keep
quiet." There was a tilt over the sell
ing of beer on Sunday. The state made
the witness state that he was selling
beer on the Sunday when Detective
Crummy called. Mr. McGhee retorted
by asking why an officer of the law was
in a saloon on Sunday.
Good Character Witnesses.
George Ellis, clerk of the Pioneer
hotel on Second street, testified to the
character of the defendants. He was
followed by J. B. Towns, a millwright
for the St. Anthony Elevator company,
who testified that he knew Kolb and
Hammon well, and who asserted that
Kolb was a gentleman. He also testified
concerning the paint used on elevators,
stating that it was used hot and would
blister when it came in contact with
Mabel Ward repeated her story on1
THE MINNEAx^OLIS JOURNAL.
rect examination. She was fiercely at
tacked on cross-examination and made
to admit that she had a rather shady
record. She admitted that she had
done time in the workhouse. She said
she had been to see Hammon in jail
and had talked with him.
ORDEAL FOE KOLB
Tells Story of Dissipation Before Old
Father and Mother.
Special to The Journal.
Anoka, Minn., May 13.John Kolb
underwent the ordeal of his life yes
terday afternoon. In the presence of
his aged father and motherhonest,
simple, hard-working German settlers
he was compelled, under the relentless
questioning of the state's attorney, to
lay bare all the evil and vice which
have been a part of his life since he
left the little home on the farm near
La Crosse, Wis. Firm in their belief
in his innocence, the father and mother
heard the boy confess that he volun
tarily associated with low women and
worthless menr, memberse of the "can
that mad its headquar-
ters the Grand Central hotel in Min
Kolb broke down on the cross exam
ination, which lasted the entire after
noon, and time after time contradicted
himself. He appeared confused bv the
mass of evidence presented at the Kal
derwit trial and tried to adjust his tes
timony to combat the state's evidence.
In so doing he weakened his own case.
He was also less defiant and less posi
He claimed that he had denied mak
ing the trip to Keegan's lake, when
questioned by the police, because he did
not know the name of the place. He
admitted taking the trip, but swore that
he did have money and did not need to
walk, as stated at first. The trio walked
out for the exercise and intended to
ride back but missed the car. He did
not carry a package, he claimed, but
did have a newspaper to read between
dances "in case there was no excite
ment goiuer on."
He endeavored to explain Kalderwit 's
action in walking, on the opposite side
of the street by stating that he had
gone over there to meet a friend. His
testimony in regard to reading or hear
ing of the murder the morning after
the crime varied from his former testi
mony. He also wavered in his testi
mony relating to the masks found in his
room, stating at one time that he had
just made them, but never had used
them, and at another time saying that
he had used them in the milling dis
CANTON BACKS TAFT
Secretary's Sentiments Indorsed by
Citizens of South Dal$t Town.
Special to The Journal.
Canton, S. D., May 13.The speech
delivered a few days ago before the
international railway congress by Judge
Taft, secretary of war, haTs found ap
probation in this locality. Thomas Thor
son, formerly secretary of state A. B.
Brown, O. O. Knudson. A. B. Carlson, O.
K. Brown, cashier of the Lincoln County
bank C. H. Cassill, state senator C.
H. Fitch, mayor: G. H. Dean, county
superintendent W. M. Cuppett, county
commissionerj practically all of the
county and city officials, noined in send
ing Secretary Taft a strongly worded
letter of congratulation.
IOWA BOY WINS
Interstate Normal School Oratorical
Honors Go to Macy Campbell.
Milwaukee, May 13.Macy Campbell
of Cedar Falls Iowa, normal school
took first place the interstate normal
oratorical contest last night, at which
representatives of Illinois,' Wisconsin^
TAFT LIFTS LID &
ON BOWEN CASE
Roosevelt and His Secretary of
War Talk Over the Loomi*
New York Sun Speolal Service.
Washington, May 13.At a long talk
during which Secretary Taft rendered
an account of his stewardship, the act
ing president last night slid do%m off
the fid and surrendered it*to President
Roosevelt. The chief part, of the con
ference was devoted to the Xioomis
Bowcn scandal. Mr. Taft carried the
written eharges made by the minister,
the written reply made by Assistant
Secretary Loomis, and a written ex
planation of the incidents.
Unless Minister Bowen- presents un
expected evidence, the case will go
against him with great suddenness. If
that is the result, no further action
will be necessary, as at present he has
no position in the diplomatic service.
His place at Caraeas-was filled. If he
wins he will have a new, appointment.
Even if he should prove* that all he
said about Loomis was true, he would
still be confrontedby Loomis' coun
ter charge of procuring the publication
at the charges without having first con
sulted his superiors.
HUGE STRIKE IS
Teamsters Likely to Extend Scope
of Labor Trouble by Blow
at Team Owners*
Chicago, May 13.The Chicago
Team Owners' association, the Com
mission Team Owners' association, the
Van Team Owners' association iand the
Lumber association, employing about
8,000 drivers, heretoforo neutral in the
teamsters' strike, will confer tonight
with the teamsters' ioint council. If
the teamsters' officers adhere to their
present policy these associations may
discharge drivers who refuse to make
such deliveries. In this event the
strike is likely to extend Monday.
The probable attitude of the team
sters towards the team owners, as
viewed by President C. P. Shea of the
teamsters' union, was forecast by him
today as follows:
"Our policy toward the_team own
ers' assolcation and toward the em
ployers' association is the same as that
toward any other employer. If they
want a strike, let them deliver goods
to the boycotted houses and we will
give them all they want. We would
never comply with the team owners'
request that the union men make de
liveries to strike-bound houses. Any
team owner who wants to do business
with non-union men will find the oppor
tunity given him iust so soon as he is
ready to dismiss his union drivers for
refusing to haul to places where strikes
are -on. There will be no general strike.
We TJVIH let the employers take the in
itiative, as in the, past.
What Team fown^rtTil^n?"
Peter Doyle of
the association, heretofore neutral in
the teamsters' strike, had definitely de
termined io abandon its conciliatory
The representatives of the association
will go before the teamsters' joint
council tonight and in the meantime
will determine whether to demand that
deliveries be made by union drivers to
it was reported last night that the
members of four associations who have
preserved a neutral attitude thus far,
have taken a positive stand and either
a settlement of the present strike or
a spread to far greater proportions is
expected by the early part of next
The team owners held a conference,
after which President Shea was sent
for and asked if he would permit his
union teamsters to deliver goods for
the team owners to boycotted houses.
Upon the refusal of Shea it was an
nounced that a committee of team own
ers would go before the joint council,
which is deemed a more conservative
organization than the strike commit
tlk Chicago Tem
Members of the Chicago Team Own
ers' association, the Commission Team
Owners' association, the Van Team
Owners' association and the Lumber
men's association were in the confer
ence. The associations represented em
ploy approximately 8,000 men. I has
been represented to the team owners,
that they must make deliveries in order
to live up to contracts.
When the action of the owners was
made known to Shea he is said to have
responded: We 'H win. If they want
to fight, let 'em come on. We can still
call out every member of our union in'
the city and paralyze the transfer busi
ness of Chicago. I do not say this
will be done, but we will do it rather
than give up."
Victim of Violence.
Martin Lacy, a non-union colored
teamster, is a new victim of strike vio
lence. While driving a wagon oh'
Wentworth avenue, he was dragged
from the vehicle by six men and beaten
into insensibility. Lacy was taken to
the Provident hospital, where it was
found he had severe wounds in the
Business was resumed today on a
larger scale than' on any previous day
since the strike was inaugurated.
Wagons moved along the streels with
smaller police protection than hereto
At all the larger retail stores, how
ever, as well as upon wagons thru the
city, armed deputy sheriffs were much
Stoned by Children.
Stones were thrown at non-union
drivers who delivered coal to the Carter
H. Harrison school, Twenty-third place
and Wentwprth avenue today. Six po
licemen escorted the wagons from the
Peabody Coal company's yards. Mis
siles began to fly as soon as the wagon
approached the school building. Crowds
of school children stood on the corners,
asserting they would not go to school
Monday. Notwithstanding the stone
throwing, the coal was delivered. No
The death of Harry Grady at Provi
dent hospital added another fatality to
the strike list. Grady and his bro+hnr
William were called to the rear of their
home in the night and without apparent
provocation, shot down. A bullet en
tered Harry Grady's head, but his
brother is recovering.
AP SHIP STEANDED
Battleship Mikasa, in a Fog, Ban upon
Special to The Journal.
Paris, May 13.According to the
Echo de Pans, the Japanese battleship
Mikasa was caught. i.n a fog May
COWBOYS IN A
Murder on the High Seas Is Fol
lowed by a Strange Trial in
an Arizona Court.
Phoenix, Ariz., May 13.-Courtenay
W. Bennett, British consul general of
San Francisco, accompanied his le
gal adviser, T. E. K. Cormac, have been
here attending the trial of Deputy
Sheriff Lee Hobbs of Arizona, charged
with the murder of John B. Nixon,
second mate of the British ship Leices
ter Castle, on Sept. 2,1902, in the South
The murder of Nixon, brutal and ap
parently uncalled for, is a tragic page
from the history of the sea, and the
trial of Hobbs was no less thrilling
to the British consul general, who had
grave doubts whether he would reach
Ban Francisco alive.
Altho Nixon was identified by a mem
ber of the crew of the Leicester Castle,
he succeeded in establishing an alibi,
and the case, which consumed three
davs, was dismissed by Judge Kent.
The mutiny, resulting in the wound
ing of Captain Eobert D. Peattie and
the killing of Nixon, occurred off Pit
The Leicester Castle arrived in San
Francisco from Hongkong in ballast
May 24, 1902, and shipped as able sea
men fouiteen men, among whom were
three Americans, who g*ave their names
as James Turner, aged 21, of Ida Falls
W. A. Hobbs, aged 24, of Litchfield,
111., and Ernest Sears, aged 21, of Me
Hobbs was a stout, smooth-shaven
man, tanned by the sun. Sears was of
gentlemanly appearance and slighter
build. Turner was like Sears, but
Threatens the Mate.
The ship sailed July 26, 1902, with
a cargo of wheat for England, and was
barely under way when it was discov
ered that the three Americans were
ignorant of a sailor's duties. Hobbs
was ill in his bunk and was ordered
out by the first mate, but refused to
io, and told the first mate, "If you
knew who you were talkin' to, you
would let me alone."
The men were disrated by Captain
Peattie. and after they got their sea
h^gs the first mate made it unpleasant
for Hobbs, according to a landsman's
thinking. The latter had boasted to
his mates that he was a bad man from
On the night of Sept. 2, when the
ship was making three knots an hour
Drifted to Arizona.
Christian Wolz, an able seaman, who
witnessed the mutiny and subsequently
left the Leicester Castle, was making
his way to Clifton', Ariz., where he in
tended to settle, when he encountered
Turner at El Paso. Turner told him
that they had been picked up. He in
formed him that Hobbs was living in
Wolz had no desire to meet the mur
derer, and in fright changed his plan of
locating at Clifton. But in passing
thru Arizon'a his connection with the
Leicester Castle was learned by the
Arizona Rangers and they detained him
to identify Lee Hobbs, who was ar
Hobbs took his arrest coolly, but it
aroused the community, and cowboys at
tended the trial bv the hundreds.
Hobbs, as deputy sheriff and cousin
of Sheriff .7. V. Parks, was well known
in the territory, and when, armed with
extradition papers, Consul General Ben
nett arrived here, he was less interested
in the picturesque setting of the groups
of cowpunchep than he was disquieted
by their scowls and hitching or their
Wolz declared Lee Hobbs, the deputy
sheriff, was W. A. Hobbs, who signed on
the Leicester Castle as an able seaman,
but a number of witnesses swore that
Lee Hobbs was in the state when the
mutin"y took place, and even produced a
newspaper that had a paragraph relat
ing to a visit Hobbs had made on that
If the consul general can prove that
the mutineers landed in San Francisco
after they were rescued from the raft,
the British government will reopen the
case, and make a vigorous search for
the accused men.
RUSSIANS FEED THE JAPS
Four Cargoes of Supplies for Rojest
vensky Captured by Kaminrara.
New York Sun Special Service.
Manila, May 13.It can be said on
the highest authority that Russia has
been supplying Japan with munitions
a to Ma 6
and ran upon* erther-rockr or a* mine* banking -bouse, thru its Paris agen
She-wffs-8tranded^and a ship has left was then notified tThol the others"
Jttpngkong with apparatus to refloat her* in San Francisco.
May 13, 1905.
supplies have been all
since March 15 of this year,
sufficient for the Japanese squadron
guarding the straits of Sunda and op
erating north of the Sulu sea. Admiral
Kanumura has seized four steamships
sent from San Francisco with provi
sions, guns and ammunition for Boiest
etersbur S government made
a $3,000 000 war deal with the head
of an American. banking house, by
which big cargoes were to be sent in
seven merchant vessels from San Fran
cisco to French China waters for the
relief of Admiral Bojestvensky. Four
of these ships were captured by the
Japanese vice admiral. The American
CASE GIVEN TO
JURY AT NOON
Continued from First Page.
reasonable doubt and in the considera
tion of this case you should not go be
yond the evidence to hunt for doubts,
nor should you entertain doubts which
are based upon groundless conjecture.
In order to ascertain truly what the
facts are, whether this defendant is
guilty or is not guilty, you should take
into consideration, and carefully, fully
and dispassionately consider and weigh
all the evidence introduced in this case,
the testimony of all witnesses, those who
testified on behalf of the prosecution
and those who testified on behalf of the
defendant, and you should endeavor to
reconcile all of this testimony, if you
can reasonably do so, to the end that you
may determine correctly the question of
the guilt or innocense of the defendant.
As to Impeached Witnesses.
In determining the questions of fact
in this case, you should consider the en
tire evidence Introduced before you, but
you are at liberty to disregard the tes
timony of all such witnesses, if any there
be, as have been successfully impeached,
either by direct contradiction or by proof
of having made different and contradic
tory statements at other times, at vari
ance with their testimony in this case,
except to far as such witnesses ha\e
been corroberated by other credible evi
dence, or by facts or circumstances
proved upon the trial.
One of the modes of Impeaching a wit
ness is by showing that he has made
statements out of court at variance with
his statements upon the witness stand
and if you believe from the evidence that
any witness has made statements at an
other time and place at variance with
hiss testimony here, regarding any mate
rial matter testified to by him, then it is
your province to determine to what ex
tent this fact tends to impeach, either
his memory or his credibility, or de
tracts from the weight which ought to
be given to his testimony.
Such impeaching testimony should be
received by you with great caution, as
that kind of evidence is subject to much
imperfection and mistake. The witness
quoted may not have clearly expressed
his meaning, or the persons who have so
testified may have misunderstood him.
But it is the province of the jury to
weigh all such testimony and give it the
in a smooth sea, with a light wind consideration to which it is entitled, in
blowing, Hobbs stole the second mate's view of all the other evidence in the
revolver and approached the first mate, case,
who saw that it was run or get shot. He
fled to his cabin, where he barricaded
himself. Failing to dislodge his ene
my, Hobbs attempted a ruse. He sent
Sears to the captain's cabin with the
report that a man had fallen off the
forearm and broken his leg. The cap
tain prepared the table for the victim
and turned to the door of the cabin
to go on deck when he was confronted
by Hobbs, revolver in hand.
A Brutal Murder.
"No w, then, captain," he quietly re
marked, and, with the muzzle he, six
feet from the captain's heart, pulled the
trigger. The "bullet lodged in Peat
tie"s chest, but, full of fight, he rushed
at Hobbs, who fired again, the ball pass
ing thru the muscles of the left arm.
The captain staggered, but did not fall,
and Hobbs ran at him with a belaying
pin. He battered him on the head, ana
as he fell firea two more shots into his
The report of the pistol brought Nix
on to the scene, just as Hobbs oelieved
he had killed Captain Peattie. Turn
ing, he shot Nixon thru the heart. The
second mate dropped in the doorway
adn the murderer stepped over his body.
While some of the crew attended to
the captain's wounds Hobbs, Sears and
Turner kept the first mate and crew at
bay, one standing guard, revolver in
hand, while'the others constructed a
raft of planks taken from the wheat
bulkhead, cork cylinders from the life
boat an'd ends of the jib downhauls.
Provisioning the raft, they launched it
during the night and dropped astern,
amid a fusilade of shots from the crew,
who had bpen armed by the first mate.
A lookout was kept for the raft the fol
lowing morning, but it was Wot sighted,
and it was thought that the three men
had been drowned.
The mutiny was reported at Queens
town on the arrival of the Leicester
Castle, and a British cruiser was ordered
to search Pitcairn Island, the nearest
But the murderer and his companions
lived on the frail craft until they were
sighted and picked up by a schooner
which landed them in San Francisco.
The Defendant's Admissions.
There has been some testimony given
before you as to statements or admis
sions made by the defendant Koch as to
certain matters pertinent to the issue
now being tried before you. Such testi
mony should be received by you with
great caution, as that kind of evidence
is subject to much imperfection and mis
take. The defendant may not have
clearly expressed his meaning, or the
persons who have so testified may have
misunderstood him. But it is the prov
ince of the jury to weigh all such testi
mony and give it the consideration to
which it is entitled, in view of all the
other evidence in the case.
The defendant has testified as a wit
ness, and you should weigh his testimony
as you weigh that of any other witness
consider his interest in the result of the
case, his manner and the probability or
improbability of his testimony, and in
order to test its truthfulness, apply to
it all of the tests which you apply to the
testimony of all other witnesses who
have been sworn before you.
There have been called in this case
certain witnesses commonly called and
known as detectives.
In weighing the testimony of these de
tectives, greater care should be used than
in case of some other witnesses, because
of their natural bias, or their inclination
to secure a conviction or acquittal, on
account of their employment, or their
desire or ambition to prove themselves
successful in their calling.
You are not necessarily required, how
ever, to disregard their testimony en
tirely you should take into consideration
the*ir office, or calling or employment,
you should consider their demeanor
fcvhile on the stand, theii fairness or
want of fairness, whether they are cor
roborated by other witnesses, or by cir
cumstances appearing from the evidence,
what interest they have, if any, in the
result of the trial as shown by the evi
dence, and after considering all of these
things, you should give their testimony
such weight as you deem it justly en
titled to. You are the sole judges of
the credibility of each and every witness
who has been sworn before you.
This is a case where very many of the
material facts at issue rest entirely upon
circumstantial evidence. The state
claims to have proved certain facts, and
then asks you to infer from such facts
the further fact of the guilt of the de
Circumstantial evidence Is the proof of
such facts and circumstances connected
with or surrounding the commission of
the crime charged, as tend to show the
guilt or innocence of the party charged.
Circumstantial evidence is legal and com
petent In criminal cases, and if it is of
such a character as to exclude every
reasonable hypothesis other than that the
defendant is guilty, then it is entitled to
the same weight as direct testimony.
And if these facts and circumstances are
sufficient to satisfy the jury of the guilt
of the defendant, beyond a reasonable
doubt, then such evidence is sufficient to
authorize the jury to find a verdict of
Circumstantial evidence may carry con
viction to the mind as positively as di
rect and positive evidence, and when cir
cumstantial evidence is as convincing as
positive evidence, it should be relied upon
and acted upon to the same extent
But where a conviction of a criminal
offense is sought upon circumstantial evi
dence alone, the prosecution must not
only show beyond a reasonable doubt that
the alleged facts and circumstances are
true, but such facts and circumstances
must be absolutely incompatible, upon
any reasonable hypothesis other than
that of the guilt of the accused.
It is not enough that all the circum
stances proved are consistent with or
point to the defendant's guilt. The cir
cumstances must not only be In harmony
with the guilt of the accused, but they
must be of such a character that they
cannot reasonably be true in the ordinary
nature of things, and the defendant be
As to Motive.
In the investigation of criminal charges
it is usual to inquire whether, at the time
in question, the accused person had any
motive to commit the crime which he
is charged with having committed be
cause ordinarily, human beings are im
pelled to act by some known or secret
motive in in this case, it is the duty of
the jury to consider whether, under all of
the evidence in the case, it appears that
the defendant did or did not have a
motive for the commission of the crime
charged against him.
,8 -"The careful consideration of thia ques
tlon will materially aid you to determine
Is one of the constitutional
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inflamed joints and stiff
muscles,bat it cannot be
cored by local applications.
It requires constitutional
treatment acting through
the blood, and the best is a
coarseof the great medicine
which has permanently
cured thousands of cases.
For testimonials of remarkable cares
Bend for Book on Rheumatism, No.
Hood Co., Lowell, Mass.
UOCK BOX, an,
WILL VISIT PEOFESSIOKALLT
Faribault, Minn., feav J6, 17, 18, Hutchinson,
Minn lMdaT and Saturday. May 19, 20, at
Merchants' Hotel, Glencoe, Minn Sunday and
Monday May 21, 22, at Glencoe House, fete-wart,
Minn Tuesdar, May 23 Buffalo Lake Minn.,
WPdnesday. May 24, Hector. Minn Thursday
and Friday, May 25, 26, Bird Island, Saturday
and Sunday, May 27, 28, Olivia, Minn Monday
and Tuesday, May 29, 30.
Careful examination of the eye and scientific
and correct fitting of glasses.
ELDEBINE EYE LOTION POSmVELT GUAR-
To cure red. sore and inflamed eyes. For sale at
all druggists or sent direct on receipt of 50c
Dr E S. Bugbee, Lock Box 311, Minneapolis.
the question of the guilt or innocence of
If a motive is shown to exist, it is a
circumstance to be considered by the
jury, with all other circumstances, in de
termining the guilt or innocence of the
defendant. Proof of motive alone, no
matter how strong, is not sufficient to
justify the conviction of the defendant,
but it is a circumstance bearing upon his
guilt or innocence. The want or absence
of any motive for the commission of the
offense charged, is regarded in law as a
circumstance favoring the innocence of
the accused person. Whether any motive
on the part of the defendant to commit
the crime charged against him is proved
in this case is a question solely for the
jury to determine from the evidence in
Points in the Testimony.
Judge Cray then enumerated the
points in the testimony in the case, first
those tending to indicate the guilt of
the defendant then those tending to in
dicate his innocence. I have no views
to express as to what is proved an'd
what is not," he added. Then he con
The killing of a human being, unless
itis excusable or justifiable, is murder in
the first degree when perpetrated with
a premeditated design to effect the death
of the person killed, or another.
To constitute murder in the first degree
there must have been premeditated de
sign on the part of the person accused
to effect the death of the person killed
or of another. This means that there
must have been a prior intention to do
the act in question. It is not necessary,
however, that this intention should ha\e
been conceived for any particular period
of time before the doing of the act re
sulting in the death.
It is not premeditation if the act is
the incident of a mania or of a sudden
paroxysm of passion, such as suspends
the intellectual powers, but if there is
evidence that a deadly weapon likely to
take the life is intelligently and malicious
ly used, or if there is evidence that
shows a harbored design against the life
of another, this is all evidence of pre
meditated design, which the jury should
consider, e\en tho such design or inten
tion was not conceived for any particular
period of time before the act which re
sulted in taking the life.
First Degree or None.
If you find from the evidence beyond
a reasonable doubt that at the time and
place as alleged in the indictment the de
fendant, George R. Koch, killed Louil
A. Gebhardt, with the premeditated de
sign to effect the death of said Louis A.
Gebhardt, in manner and form as charged
in the indictment, and if you so find that
such killing was not excusable or justifi
able under the law as I have charged you,
then you should find the defendant,
George R. Koch, guilty of murder in the
first degree as charged in the indictment.
If you do not find from the evidence
beyond a reasonable doubt that at the
time and place as alleged in the indict
ment, the defendant, George Koch,
killed Louis A. Gebhardt with the pre
meditated design to effect the death of
said Louis A. Gebhardt, in manner and
form as charged in the indictment, or
if you do not find that such killing was
not excusable or justifiable under the law
as I have charged you, then you should
find the defendant, George R. Koch, not
The matter of penalty, of inflictions of
punishment, are matters which under the
law rests entirely with the court, and
with which you have nothing to do. When
you have determined the question of the
guilt or innocence of the defendant, you
will have done your whole duty.
WEBSTER CITY, IOWA City Superintend
ent L. Ford has announced the honor students
of the graduating class They are. First
honor and Taledlctory, Mies Bernice Warren
second honor and salutatory. Miss Myrtle Sulli
van, third honor, honorable mention, MUB Mabel
How About That String
on your finger, is it to remind you that
bass fishing begins along the Soo Line
Mav 29th? Get the new fishing fold
er at the Ticket office, 119 Third St. 8.
OFFICIALS HELD BLAMELESS.
Special to The Journal.
Stilltvater, Minn May 13.A coroner's
jury found the prison authorities blame
less for the death of Harvey S. Rogers.
A brother of the dead man has arrived
from Necedah, Wis, and will take the
remains there for burial The funeral of
Mrs. Ramsden, the Washington county
pioneer, will be held on Monday in the
town of Grant.The Clyde cleared with
logs for the Standard Lumber company of
Dubuque.Officers of the Connolly Shoe
company will meet on the 20th to select
a site for a factory-
For those who use
the pfeciigeMed food
There's a reasorC