Newspaper Page Text
PRICE TWO CENTS.
HYDE, 'TIRED OUT,'
GOES TO FRANCE
-Dilettante Deposed from Equit
able Shakes Off Dust of
LOU PAYN ON GRILL
GIVES LIE TO WELLS
former Insurance Commissioner
6i New York Questioned
New York, Dec. 28.James Hazen
Hyde, former first vice president of the
Equitable Life Assurance society, today
sailed^ for France on the steamer a
I am going to France," he said,
"for a few month s' rest. I wish to
deny emphatically that I am going to
leave America to make my home in
Prance. I am all tired out and I feel
the need of a rest."
Payn on he GrilL
Louis Payn, the former state in
surance commissioner, testified before
the insurance investigating committee
today that the charge made by James
D. Wells, former vice president of the
Mutual Reserve Life Insurance com
pany, that $40,000 had been paid to
Mr." Payn by the Mutual Reserve for
allowing the company to write its own
report of an investigation by the insur
ance department, was absolutely false
in every particular. said it grew
out of the fight between Mr. Wells an"d
President Burnham. Mr. Payn who was
on the stand wh en the committee ad
journed yesterday was the first witness
The investigation of the Mutual Re
serve by the state insurance depart
ment in 1895 was then taken' up. Mr.
ficers and employees, that he made up
his mind that nothing that President
F. A. Burnham or James D. Wells, for
mer vice president of the Mutual Re
serve company, said, was worthy- of
Afraid of State Officer.
San Francisco, Dec. 28.
Payn said of the charges made by of- first loan reported was $200,000 at the
Mr. Payn was asked about the stip
ulated premium law which was enacted records
durin'g his administration. said broken
that Mr. Appleton and the actuary of
he department drew it ut at his
(Payn's) suggestion. Mr." Payn em
ployed personal counsel from time to
time and when asked if he availed him
self of the attorney general's office
I don't like to sreak disrespectfully
of a state officer. experience, with
the attorney general's office was that
I did not feel quite satisfied to go there
for advice except in some cases where
the law compelled me to do so. There
were decisions one way and next year
there would be decisions another way.
Then there would be an attorney gen
eral who would give another decision..''
A this point Mr. Hughes asked Mr.
Payn what he had to say concerning
the charges rrtarle former Vi ce Presi
dent Wells of the Mutual Reserve Life
Insurance company, that $40,000 had
been paid to Mr. Payn by that company
for tho privilege nf writing its own re
port of an examination by the state
department when Mr. Payn was insur
False, Says Payn.
Mr. Payn replied: "When I was
asked by the newspapers about that I
said 1 had no comment to make, but I
say to you, Mr. Htighes, that it is abso
lutely false in every particular and
Mr. Burnham and Mr. Wells both testi
fied under oath that it was false. That
ii a ^i CC
CALL MONEY LENT
AT 125 PER GENT
High Rate Affects Stocks Only
SlightlyRussell Sage Lends
New York, Dec. 28.The call money
market opened strong again today. The
rate of 30 per cent per annum, and this
was followed almost immediately. by
another loan of $200,000 at 60 per cent.
At 10:35 a.m. the quotation was 80
per cent. The advance in the interest
rate was sensationally rapid. From 60
there was a quick advance to 75, 90
and then 100 per cent.
When 100 per cent was touched all
since December, 1899, were
In that year 186 per cenjb was
paid for call loans. After lending at
100 today there were loans at 90 per
cent. The 90 per cent quotation did
not last long, and at 11 o'clock 110
per cent was paid for funds, and shortly
afterwards a loan of $400,000 at 125
per cent was reported.
hSlnTw^ dSf^^ffit&S bldsVerl
^"Ha^therebeen any payment to you raised .rapidlyw 10 per cent between
a.u.y M*jriueuu tu yuu
this matter HiShea Sked
very fortunate to get- out- of- my pres
ence with a head on his shoulders."
IN 17 PROVINCES
War on American Goods Cuts
American Trade in Orient
80 Per Cent.
of moneC or" SU connect ion wft Suh 4s0 per'Cent brought no offering
Absolutely none^' replied Mr better results. Then the bid was 60, at testator.
Pav n, "and any man who suggested which price a loan of $200 000 was made,
such a thing to me would have been N more money was offered at that
price. The third loan was made at 70.
houses have closed their doors until the j'vi ,,*.!,n i^n
naition cnange. /really equivalent
R. Van Sant, who represented a local
firm at. Shanghai, has arrived here from
the orient. Speaking of the boycott,,
-L i.. m. I
"The situation China is very sen-1
ous and there is absolutely nothing in
the stories that the feeling against
American goods has lessened. It has now,
extended to seventeen provinces and in
Canton and Hankow the situation is
ust as bad as in Shanghai. The Amen-
trade with the Americans until there is
KREMLIN AND CONVENT. MOSCOW.
Under the Walls of the Kremlin the Troops and the Reds Battled.
Altho brokers were compelled to pay
the highest prices in years for cash
with which to carry their stocks there
was little excitement oyer the situa
tion. Many Stock exchange houses
provided themselves several months ago
with the loans to carry them over Jan.
1, which is- a time wh en money is al
ways in great demand, for dividends,
interest and other- year-end settlements.
These time loans are not affected by
the call money market.
Some stocks were sold out during the
morning hours, principally industrials,
but in the main Stocks held swell in the
early trading considering the market's
usual sensitiveness to money condi
tions. On the Stock exchange the view
was taken that the stringency was tem
porary and that easier conditions would
prevail immediately after Jan. 1.
The demand for money started within
fifteen minutes after the opening of
business. As a rule nothing is done in
money until after 11 o'clock. Todany a
loan was made early at 30 per0 centt. This
Then the demand from brokers as a re
sult of the heavy calling of loans by
banks to make arrangements for the
Jan. 1 disbursements became urgent,
and most of them were apprehensive as
to whether they could renew their loans
at all. The call rate again climbed rap
idly to 80, 90 and 125 per cent.
The top rate yesterday was 95 per
cent. The greater part of today's of
ferings came frjm out-of-town banks
thru their local correspondents^ A great
many individuals and commercial houses
also loaned thru their banks.
Russell Sagre Lends $6,000,000.
Sft &SrtM S banks in the collateral accepted" by
orient the boycott in China has become
The-rate for 60 and
so serious that a number of American g.
n00n hav be(
cans are not rtomg 20 per cent of the 239o earlier in the day. There was no,
that quoted by the Americans. i Copper was carried up 2 points in a
The Chinese state that they will not svmpathy, owing to its large holdings i
a modification of the exclusion laws, but! smelting stocks were also, strong.
this, I told them, was hardly probable.!
I the event of the United States failing
to pass a law less stringent than the
present one, the Chinese will adopt more
The boycott has developed into an
antiforeign feeling, and the British and
German business concerns,in the orient
are suffering the loss of considerable
SANTA OLAUS JESTS
Bt. Nick Plays a Prank on an Ousted
Special to The Journal.
Omaha, Dec. 28.United States Dis
trict Attorney xiaxter, who was dis
missed by# the president on Christmas
day, received on Christmas morning a
set. of Roosevelt's books as a gift from
WALTER B. HILL DEAD.
Athens, Ga., Dec. 28.Walter B. Hill,
chancellor of the University of Georgia,
died today of pneumonia. He was born
in Talbotton, Ga., Sept. 9, "1851. He was
-a trustee of Vanderbilt university and
*a member of the Georgia Bar assocla
Eussell Sage, thru his representative,
was reported to have loaned $6,000,000
usual discrimination was shown by the
wa 6 ce a
sa ti sne
9 pe centt.
demand fo moner seemed to
i supplied. A 12:30
0 cloc ln wer mad a 6 5 pe cent
1 o'clock the demand for
to have been pretty well
and monev was lent at 60 per
cent Jus a soo a
stoc marke st
th moneyd ten-
amovement sensational irt Anacond a ggjffto
hundred an'cl seventy-five, against,
business they formerly did and at Hong- definite news to explain this advance business.
kong the Chinese were purchasing Aus-! except the reports of a rich strike in The control dates back a long wav,
tralian flour at a much higher price than the comnany 's mines. Amalgamated
of Anaconda and other copper and
N O MONEY FROM HERE
Minneapolis Bankers Have Too Good a
Demand at Home.
Notwithstanding the high rate for
call loans money in New York, which
the Minneapolis bankers do not thoroly
understand, by the way, the local
banks are not sending down surplus to
reap the' advantage or the high returns
prevalent there on short investment.
The demand is too good at home.
I is questionable whether banks
would make anything by sending funds
to correspondents for investment. The
loans for which the high rates are be
ing "paid are over-night borrowings on
squeeze trades, as a rule. The broker
must have the money and must pay
for it. The money is returned, he next
day to wait for another call, and it
ay wait some time. The loans are not
really available for bank purposes, and
it is a question whether the correspon
dents would pay the Minneapolis banks
more than the regular price of money.
The situation does not mean that a
regular broker must pay the enormous
rates for his regular loans, but the
caught-short'' brokers, who must cov
i er, are the o.".es who aTe suffering.
SLA UGHTER OF INNOCENTS
IN FEDERAL JOBS
Former IT. S. Senator Certainly as
Good to His Family as In
Washington, Dec. 28.A tremendous
row over federal patronage in North
Carolina has brought to light a unique
lawsuit and the charge that fifty blood
relatives of. former. United States Sen
ator Pritchard and his son-in-law,
Thomas S. Rollins, are on the federal
pay roll in that state.
The unique lawsuit is one in which
S. Anderson sues Thomas S. Rollins,
chairman of the republican state cen
tral committee, and others for $20,000
damages for their failure to carry out
an alleged agreement to secure him a
federal office paying at least $20,000 a
In a letter to the attorney general,
Anderson makes some remarkable state
ments about the distribution of federal
patronage in North Carolina. brings
out that State Chairman Rollins is
the son-in-law of Judge Pritchard and
asserts that more than fifty relatives
by blood or marriage of Judge Pritch
ard and Chairman Rollins are holding
The republican party in North Car
olina, he asserts, has degenerated into
a family affair and the organization is
maintained Qnly for the purpose of get
ting federal'frateonsge^for Jkp&y con
RATS! TOO FORMAL,"
BE WROTE IN WILL
days ago and his will was offered for
Under the first paragraph, which be
gan Calling to, minda the uncertainty
of human life, etc.," Mr. Youngs wrote:
"Rats! This is too formal. All
there is about it is this. A my death
I want my ever faithful and devoted
wife, Amelia Loretta L. Youngs, to
have and control everything I possess.''
Youngs Jr. son of the
request for accommoda-, of th estate
death Mrs. is to
Special to The Journal.
Chicago, Dec. 28.Raymond, in a
Philadelphia special to the Chicago,
At the outset of the investigation
into the operations of the Standard Oil
company, now nearly concluded by the
United' States government, there was
discovered, of course, an intimate
relationship between the production and
ecl to havne beene relieve the I Shed uroduct^ The Standar^ Oil
rted to advance, led by co^mn^v7 coulidn note livle a daye in oppo-
any dCndnt co^rn wffch
uld spring up, if it were not for its
prac ti a control of the transportation
is practically coincident with tfie
when John D. Rockefeller of Cleve
after doing a profitable business
in company with Mr. Andrews, the
mechanical genius who developed the
oil business, organized the Standard Oil
company and began to control the out
put of America. Ownership of pipe
lines, unfair rebates from railroads and
finally ownership of railroads them
selves have made the Standard Oil com
pany what it is today, the' greatest
monopoly and the most dangerous plu
tocratic agency in the world.
Must Stop Rebates.
This is the fact which was first
brought to the attention of the govern
ment agents and they have been led to
see that an attack on the* Standard Oil
company cannot hope for suecess iinless.
at the same time, almost every railroad
line in the country is brought to book
and made to see that a rebate to the
Rockefeller combination is just as ille
gal as a cut rate to the Colorado Fuel
& Iron company or any other corpora
The investigations of the department
of commerce and labor have led in the
direction of uncovering a gigantic sys
tem of railroad rebates which has been
built up in almost every city of the
United States. This is but-a continu
ance of the original policy of the Stand
ard Oil company.
John D. Rockefeller we nt into the
business of refining oil in Cleveland
more than a generation ago. made
Crowds Mowed Down in Combats
While Troops Gain Supra-"
macy Over Reds.
Moscow, Dec. 28.There was artil
lery firing in Sadovia street today.
The shops in the. main streets, are
Odessa, Dec. 28.Martial law has
been .proclaimed in this city. The
strike, however, is nearly over.
St. Petersburg, Dec, 28, 5:20 p.m.
The energetic measures taken by the
government have completely over
turned the plans of the 'revolutionists
in St. Petersburg. Practically all the
leaders have been arrested. The few
who are at liberty are in hiding, TOO
police believe they have captured fifost
of the store of rifles and revolvers and
those in actual possession of strikers
and rvohitionists whose lodgings were
searched last night. Wherever arms
were found, the owners were arrested.
Nevertheless, the laders from their
hiding places still continue to assure
their followers that all goes well.
Populace the Chief Sufferers from Com
bats in Streets
Moscow, Wednesday, Dec. 27, 6 p.m.
-The backbone of the insurrection, is
broken and the uprising here is rapidly
going to pieces. The jevohitionistsare i
able to keep up only a guerrilla war
fare, but the ease witb wjich the, can u
move small detachments from place to
place renders the .task of suppressing
them slow and tedious
The Brunnaia quarter has been
cleared of the members of the ''Dm-,
jina," as the figflhting organization of
the revolutionists is calleC They have
transferred their operations to East
Tverskiaia, consisting principally of
sniping from the-roofs of houses, occa
sionally throwing a bomb on advancing
patrols, and making off on the appear
ance of artillery.
All the troops of the Moscow garri
son, including the former disaffected
Rostoff grenadiers and the reinforce
ments which are employed in crushing
the revolutionists, are still insufficient
to thoroly occupy the territory won,
thus enabling the revolutionists to slip
into vacated territory sol soon, as the
troops move on. ~-J.
Many of the attacks on patrols are
seemingly made out of a pure -spirit of
bravado, since they are completely fu
tile from a strategic standpoint. The
remnants of th^^sijjrecli^.jiow ^ack
Washington. Dec. 28.Elphonso time today showed signs of life. The
Youngs, proprietor of one of the largest i stores were reopened and the mhabi-
retail grocery stores here, died several tants, who had been cooped up for five
Like a lefleid/
The city of Moscow bears the pic
turesque appearance of a battlefield.
Officerfe are everywhere seen galloping
thru the streets or being driven about
in rapidly moving sleigns accompanied
by escorts of dragoons or Cossacks.*
The center of the city for.the first
days, were venturing out for a breath
of fresh air.
The troops began operations this
morning at the triumphal arch, bom
barding and demolishing an immense
barricade near he car stables of the
Belgian company, which had been built
behind overturned tram cars. TheWce*,
slowly pivoting from the arch, the col
umns swept eastward, clearing all the
streets off Tverskiaia and north of the
boulevard which separated the battle-
Continued on 2d Pag e, 5th Column.
GETS HIS MILLIONS
Washington, Dec 28.The
United States supplied more than
one-half of the petroleum produced
in the world in 1901. A statement
of the world's production of pe
troleum, prepared by the British
board of trade, whi ch 'lias just
reached he bureau of statistics of
the department of commerce and
and labor, puts he petroleum pro
duction of the world in 1904 at
9,303,000,00Q gallons, of which
4,916,000,000 gallons were produced
in the United States.
The world production for 1904
breaks all records.
THURSDAY EVENING, DECEMBERP28, 1905. 14 PAGESFIVE O'CLOCK.
MO LT IMPERILS!
Insurgent Senators Are Likely to
Reap Victory Over Presi-
s~ dent Roosevelt.
J. O. DAWSON,
United States Minister to Santo Do*
By W. W. Jermane.
Washington, Dec. 28.The present
outbreak in Santo Domingo has come at
a most opportune moment for those sen
ators who have been opposing the presi
dent 's policy toward that small island
republic. While the news from the
island is fragmentary and obviously un
numerous details, there is
quegtio ta a se
ious uprising has
resultinr in the
J.^VSoe bftreiident Morales,
the time congress reconvenes in
Washington, one week from today, it is
reasonably certain that all essential
^acts will have been brought out, en
abling the senate to dispose of the pend
ing treaty promptly. Whether this will
be by rejection or ratification remains
to. be seen, but just at this moment the
former seems the more likely result.
Whatever the result, it is now thought
that the senate should act speedily.and
thus close the incident.
The Case I Simple.
Break at Critical Time.
THRU MANY RAILROAD DOORS
Government Sleuths Find StandardOil Monopoly Builded on
Rebates, with Railroads All Over the Country
Liable to Prosecution*
Morales was president of Santo Do*
mingo at that time. The new regime
strengthened his hand greatly, and his
administration seemed for a long time -vr. vv TI. OO A ,v
to be comparatively safe and stable.
that the treaty is both dangerous an
Continued on 2d Page, 7th Column.
ard Oil company was instantly estab
Railroad rebates, illegal discrimina
tions and un.iust favoring of the large
shipper as against the smaller one are,
therefore, the cornerstone of the Stand-
will shpw, not in the published report, stre(
his first start in defiance of the oppo
sition of refiners in New York, Pitts
burg and the oil cities. It was under
his direction that Cleveland at that
time became the greatest center of oil
refining in the country.
One Road Against Another.
probably never would have suc
ceeded in distancing all his competitors,
however, and he. certainly never would
have progressed to the point of organiz
ing the Standard Oil company if he had
not learned the artful secret of playing
off one railroad corporation against an
other. The scene of his operations was
at Cleveland, which was on he Lake
Shore railroad, and which, of course,
was dependent on the Vanderbilt sys
tem for its outlet to the seaboard. The
New York Central and Pennsylvania
were engaged in a fierce struggle for
trade in the newly developed oil regions
in the embryonic days immediately
after the civil war.
I was the financial genius of John
Rockefeller whiebu evolved he principle
that there shduld be a sliding scale of
rebates. That is to say, he insisted that
the biggest shipper should have the
biggest discount, and when he had once
persuaded the railroads to agree to this
principle, the supremacy of the Stand-
of oil is shipped anywhere in the United
States without the Standard Oil com
pany being given the benefit of dis
In many places today, unfortunately
for the public, the Standard Oil com
pan\i the only shipper. In such cases
rebates are not necessary. If there is
only one shipper and if he have influ
ence enough with the railroads, all they
have to do is to publish a low rate for
oil. Then there is no rebate, no dis
crimination, no possible chance for gov
Oil Taint on Railroad,
In more than one instance agents of
the government have worked on the
relations between the Standard Oil com
pany and some particular road at a
great shipping point. They have dis
covered that Standard Oil monew con
that men who are pecuniarily interested
in some subsidiary Standard Oil, com
pany have also been stockholders in the
Above ground and below it the Stand
ard Oil" company seems to have been
able to control transportation rates
thruout the country, and this will be the
principal feature of the report that
will be submitted to President Roose
velt by Commissioner Garfield before
the last snow melts.
For additional details of the' Brennan
trial see page 5.
I s' Mrs. Stella Brennan insane or is
she innocent,of the murder of her three
That, is the question^ that twel ve men
will have to decide day after tomor
row. /That is the question that remains
paramount after the testimony has all
been introduced. It is the question
suggested.by the defense and the one
toward the answering of which their
evidence was directed today in their
last effort.'to save the accused.
to today the defendant's wit
nesses have testified to facts intended
to break down the state's case and to
lay the crime upon some unknown and
entirely mysterious man. Today Mr.
Cary marshaled his heavy artillery and
with his medical experts made his last
attack upon the case so carefully con
structed by the state.
Medical Expert s' Testimony.
A good many people think this Santo
Dommgan business is too deep and
complicated readily to be understood.
I is not. The case is very simple.
The president had a treaty negotiated
which looked to American administra
tion of Domingan customs part to be
turned into a fund for the payment of of the defense by putting on his insan-
the island's preposterous debt, the rest ity experts altho two of the three were
to go to the island government. This in court and have been for the past two
treaty met the disapproval of powerful days.
forces in the senate and was not ratified, Just before, the noon recess, Mr. Cary
Pendiflff final action jo*t the arrange- stated that as attorney-for the defend-
ment, in substance-was., put. feato-eSeet
and is now in effect.
The strong argument for the treaty
has been that it would compose con
ditions in the island, assure tranquillity,
place the government on a safer basis
and insure against constant revolutions
and danger of foreign intervention. It
was producing all these effects, and
daily affording an argument in favor of
its ratification, until the latest trouble
SAY THE DOCTORS
Medical Men Testify as to Mrs. Brer0
nan's ConditionCase Will Go
to Jury Saturday.
Drs. U. G. Williams, William Bart
lett and E. J. Clark were sworn in turn
and testified, first, that Mrs. Brennan
is and was in a delicate condition
second, that if she committed the
crime of which she is accused she was,
in their opinion, insane. On cross-ex
amination, however,, each of the ex
perts testified that she is sane now,
that she now knows the difference be
tween right and wrong and that she
may have known the difference ,when
she committed the crime.
"Do you assume that the defendant
did murder these children?" asked Mr.
Smith of Dr. Clark.
"Yes." Mr. Cary made a strong objection to
Mr. Smith's question after it had been
answered. imputed trickery on the
part of the county attorney, and wh en
overruled by the court he became-im
pudent and was finally severely, repri
manded. Mr. Cary's excitement occa
sioned considerable interest and con
veyed the impression that he had been
touched in a very tender spot, and that
the defense had practically given up
trying to prove Mrs. Brennan innocent
in seeking to prove her insane, but did
not want the jury or the public to re
alize their precarious position.
Smith Won't Reply..
Mr. Smith stated a't noon that he
would not dignify the insanity theory
RICH KIN MOURNED
BUT POOR SCORNED
Astor Evicted, the Astors Are Ad
amant Astor Widowed, the
Astors Exhibit Mourning.
But now. just at the time, ^v
insurgent American senators Jff^f^^^VS^r ?J Jh
S rcritical &. ESSES ttto^t
terda fr a
East Pne Hundred and Twenty-ninth
street. Lack of work, sickness and
other misfortunes finally reduced the
family to such financial straits that
they could not pay their rent, and they
were forced to go away. The only
course left to them was to store what
remained of their furniture and seek
the home of friends until the father
can obtain work.
Carl Frederick Astor is past 40 years
old. inherited a small estate in
Waldorf, Germany, the ancient home of
the New York Astors, but it was con
fiscated wh en he came to this country
years ago to escape military servic*
Astor has papers which, he asserts,
proved his relationship to the 'Astor
family in this city.
The poor Astor savs there died in
Waldorf in 1765 Felix Astor, leaving
two sons^Jacob and George Peter.
Jacob is the founder of the family of
rich Astors, he says, while the line of
poor Astors runs back to George Peter.
Carl Frederick Astor is an intelligent
German, who, in the deep lines oi his
face, shows the strife and sorrow of a
hard fight to obtain a jCew pennies to
support his family.
Death Stops a Ball.
Society folks were dismaved today by
the receipt of recalls of the invitations
A_ A Uall
ard's monopoly of the oil business. This Jo Mrs. Astor's annual ball, whic
fact will be the principal one brought to be held in January, the town
out by the government agents, TnV house, WJw. and^ Sixt^fifth
trols'the" railroad. They have "found any action until after the holidays, as
Representatives Stevens and Fletcher
have asked to be heard on the matter.
but in the secret one submitted to the Ogilvie-Haig of London who married today in the private car rebate prose
president for his guidance, that the sys- Augusta Astor, Mrs. Astor
tem of railroad rebates continues to the ball has been postponed.. After a pany, the Milwaukee Refrigerator
this day practically as it was estab- six weeks period of mourning, prob- Transit company and six railroad com-
lished in Cleveland about thirty-fiVe ably late in February, Mrs. Astor will
entertain in her accustomed way.
The investigations of the government The death of the millionaire distiller
experts show that from a practical will also prevent Mrs. Orme Wilson's
standpoint not a single barrel or tank ann,ual dinner danee, Mrs. John Jacob
Astor was to entertain with a "small
dance" Jan. 19a but her card's have
DECISION IS DEFERRED
Sy W. W. Jermane.
Washington, Dec? 28.The papers in
the controversy between the Twin City
Rapid Transit company and Colonel
Sweet, commander of Fort Snelling,
over the location of the waiti ng room
at the end of the trolley line in the
reservation, are before General Oliver,
assistant secretary of war. an
nounced today that he would not take
E1SSIAN OFFICE* GOES HOME.
San Francisco, Dec. 28.Captain John OTer
pensky, vho was in command of the
.DrJwwr toe many months wa held in Japan H 1 now
on his way to* St. Petersburg..d
._ ___ .Ala nttiH kulil 1* anism TJA imm I
ant he invited the state 's medical ex-'i
perts to examine the defendant to de
termine her condition. Drs. J. C. Litz-i
enberg and A. B. Cafces made the exami-^
This afternoon Dr. Williams, recalled
to the stand by the defense, corrobor-^3
ated the other medical experts of the
defense, as to Mrs. Brennan's insanity^
if she committed the murder. A Mr.
Burr was then,called and testified th at
there was no moss of any consequence
upon the room- of the Brennan shed.
With that the defense rested.
On' rebuttal he state will call he
doctors, who will probably testify that
Mrs. Brennan may be in a delicate con
dition, but that they are unable to
state positively. They will probably
be asked nothing as to her insanity.
This testimony will be followed by that
of Detecti ve Edward Helin, who will
testify to conversations with Jame
Brenhfen had after the murder,
which the husband of the defendant
told the detective that his wife was
jealous of the children and had tried
to have him put them out of the way.
Tom my Will Called.
Tommy Brennan, the state's star wit
ness and the stepson alleged to have
been shot thru the face by the defend
ant, will be recalled as the state's last
witness. The little fellow will deny
his father's statement that the boy told
him at the hospital that he was sure
that his stepmother did not shoot him
and will testify that he told his father
that he was not sure whether or not
his mother shot him.
Arguments will be begun tomorrow
morning, and he case will probably go
to the jury about Saturday noon.
With the trial drawing to a close, he
defendant does not chan ge in he least.
She sat this morning and listened with
perfect equanimity to* the doctors whtt
said that she was probably insane when
she shot the children, if Bhe shot them.
She showed no signs of caring whether
she was insane or not.
The crowds are increasing and a
double line extended this noon from
the head of the stairs on the third
floor downstairs and around to the
Fourth street elevator on the second
THE DAY'S EVIDENCE
Insanity Expert Thinks Mrs. Brennan
Insane if She Did Deed.
Mrs. Stella Brennan was brought into
Judge Dickinson's courtroom this
Continued en 2d Page, 3d Column^i
IN REBATE CASE
First Victory Gained in Action
Against Pabst and Six
Pipe Organ's Notes Rouse thf
Laird of Skibo from His
Journal Special Service.
New York, Dec. 28.Andrew Canto
gie is awakened every morning by mu
sic. Just as the clock strikes 8 each
day, the first notes of "Lead, Kindly*"'
Light." or "Silent Night,'/ his two
favorites, roll out of the pipes of an,
immense organ in his home in Fifth
avenue, rousing the steel king for tho
day and starting the machinery of tho
household to work.
Whether Mr. Carnegie wakens whom
the first bars are played or whether ho
is gradually roused from slumber, da
pends, ho says, on ow tired he is. A
any rate, he believes in bei ng brought
back to .consciousness by the musie of
some hymn he loves, so that the first
thoughts will be restful, soothing a nd
give him inspiration for he day.
The instrument is played by Walter
C. Gale, organist of the Broadway tab
ernacle, every morning, Sunday in
Milwaukee, Dec. 28.The United
government won he first
daughter, cution against the Pabst Brewing com-
pa nies Judge A. L. Sanborn of Madison
handed a decision overruling he de
rrers of the Chicago, Rock Island A
Pacifi Railway company andthe Pabst
Brewing company, and also denied tho
motion of the latter to strike out cer
tain "slanderous allegations" in the
There is no appeal from this decis
ion, and the case must now 3 0 to trial
on its merits. The court's conclusion*
are lengthy, occupying fourteen type
written pages. On the motion to_ strike
out the paragraph in the complaint ob
jected to by the brewing "company,
Judge Sanborn says:
"It has "been shown that the ques
tion of intent of the brewing company,
the transit company, and the common
carriers is a material nd vital issue
in the case. Where an act is clearly
unlawful with or without intent, proof
is excluded. But in case of an un
equivocal act which is unlawful if so
intended tho not otherwise, evidence
of unconnected facts is admissable to
show the intent." i
737,280 ACRES WITHDRAWN.
Washington, Dec. 28.Withdrawals
from public entry and settlement of 737,-
280 acreby otheland in Washingtoen were
2.a ordered general land offic today.
recent,war with Japan, arrived here today on the *I.J I ^-m.ui-.
liner 3optie When the Poltava was anally sunk The withdrawals ar* felrteen townships
on NOT. 22, of last year, by Japanese shells, in the Walla Walla and nineteen town-*
Overpenskys in the North. Yakima districts, and
!re--made for Irrigation projects. ~~r