Newspaper Page Text
IBM" The Salt Iaice Teibuxb: Tuesday jSIoicsteg, JLvncit lo, 1904. ,j CONVICTS IN CHAINS l x APPEAR IN COURT HJ Henry Waddell !s Tried on Charge of Assault With Hb intent to Commit Murder, and Testimony Is HI Given fay Prisoners Involved in Jail Break. ITh striped garb of penitentiary con vict and the clanking of manacle and ehackels were seen and heard, in the " criminal division of the District court yesterday, where Henry "Waddell was tried for assault with Intent to commit murder. The defendant wore an Ore gon boot weighing twenty-live pounds on his right foot and the other live con vlcty who participated in the Jnil break at the ponltontl.iry last October wore securely handcuffed and shackled. The case was taken up in th? morn ing' and after the He-cuiing of a. Jury the State quickly Introduced Its testimony. The defendant then naked, through his attorney, Frank McGrnw, who was ap jKjlnted by the court, that the other con victs be summoned to testify In his be half. The Jury consisted of Gilbert Lloyd. A. E. Ralelffh, Walter L. Price, James T. Clofbey, William C. Lee, J. II . JInywnrd, "Wnlace Q. Browning and Acting Warden T. C. Wright and Guards F. II. Naylor and David Wllck en wore the witnesses for the State. They testified to the part taken by the defendant In the Jail break, the Btenllng of Guard Jacob's watch and the assault made by him upon the guard. Their testimony was to the effect that "Wad dell hnd fired the shot that struck the hutt of the rifle In Guard Naylor'a Tim news that the convicts would be brought in from the penitentiary spread fast and a large crowd gathered lh front of the city and county building by '1 o'clock, when they were brought in on, the car. The convicts wore all dressed In stripes and were in charge of Acting "Warden Wright, Guards Ur, Davis, Drlggs and Hilton and Deputy Sheriffs lidwards and Smith. Deputy Sheriffs Cowan and Sharp kept a clear road for the procession from the car lo the court WORE A Is OREGON BQOT. Wnddell. with the Oregon boot on his foot, was handcuffed to Ed Mullen and they were followed by Lynch and Ha worth, handcuffed together. Abe Ma jors and Frank Connors brought up the rear. They were bound together both 'founds and feet. The shackels wore re moved from all but Majors and Con nors, who were kept fastened together except when released to take the stand. The heavy steel boot was not removed from Waddell's foot. The defendant was the first called to the stand after the opening statement by his attorney to the jury. Waddell testified that he was not in the office on the third tier ut any time on the even ing of October Oth nntl that he did not "ftrc the t'hot at Naylor. He said the j;ftin would not work and that he never , discharged it at any time. Tlp first of the defendant's wltnesoes called was Abo Majors. The convict. whoKlsMn for life, arose In his garb of half black and half striped clothes and strode with a majestic air to the stand. This wltncsu with the number 1353 across his back did not testify to much He was rather Inclined to enjoy the situation and parleyed with the attor neys. "Were you in the office on the third tier when Guard Naylor was shot at?" asked Mr. McGraw. ABE MAJORS GETS GAY. "1 cannot answer your question for the reason that it is put in a way that would Incriminate me." "Did you see Mr. Wnddell during the evening?" was next asked, jij'l will say that at no time on the lilghl in question was the defendant on the third tier or in the office on that floor." He did not hco Waddell fire nt any one. On cross-examination he ad mitted that the gun had been In the possesion of the convicts for eight or ten days before the break. He said he had had the gun In his possession and knew it was defective. When Mr. Eichnor asked him whom he had tried to operate It on to ascertain that It wan defective. Majors looked at the attorney for the defense and then appealed to the court for protection, saying his at torney didn't take care of him. Mr. Elchnor next asked him how long he had the gun in his possession and how he ascertained it wouldn't work and the witness answered: "That is only another way of putting the same ques tion." He said they had two weapons in their possession, that the one was defective and the other all light. He Wouldn't remember who had the good Kun when ho hnd the other. Lynch, No. 1310, was the next witness. He "saw the gun In Waddell's handy COURT CALENDAR. Cases Sot for Today. DISTRICT COURT. f Division No. 1-Hon. W. C. Hall, 4- Judsrc. -f- Moyland C. Fox. etc. vs. S. C. Sudbury ct al. -f -f- Fritz RIopen vs. H. 6. Tnanor, etc 4- 4- Division No. 3 Hon. S. W. Stew- 4- art, Judgo. 4- 4- Inadoro Carlton vs. Consolidated -f- 4- Railway and Power company. -f 4- Division No. ."--Hon. C. W. Morse, 4- Judge. 4- 4- Blalo of Utah vs. Henry Waddell. 4- Dlviolon No. 4 Hon. T. D. Lewis, 4- 4- Judco. 4- 4- No court. 4- 4- 4- CITY COURT. 4- Civil Division Hon. 11. S. Tanner, 4-4- Judge. 4 4- Lavaganio vs. Ncdcr. ' 4 4- 4-4-4-4- 4-4- when the first shot was fired. The de fendant, he said, was with him on the ground floor and he never saw him dis charge the gun. Connors, No, 11G3, testified that the defendant was with himself and others In the doorway of the cell house on the ground iioor when the first shot was fired. This", he said, was the signal to make the break. J2d Mullen, No. 1409, testified in a similar manner to the others. He said ho knew nothing of the plan to break until that evening, when Informed by Convict Dayton, who was killed while climbing the wall. Nick Haworth said he was also on the ground floor at the time the shot was sired. Pie stated that he saw Wnd dell trying to raise the hammer of the gun and from the fact that he couldn't supposed that 11 was defective. Lynch, he said, had unlocked the door to his cell and that they had the ladders? rr-ady to scale the walls when the sig nal was given. Guard Zebulon Jacobs was recalled in rebuttal testimony by the State. He told of the attack made upon him and said he must have been unconscious when the first shot was fired. Short arguments were made by the attorreys for both sides after th vrll nei3(s had been taken from the court room as they had been brought in. The Jury retired at Cvc minutes before 4 o c. ock. The defendant. Wnddell, Is now serv ing a seven-year term for burglary and tnrce years for an assault on the prin cipal witness against him by throwing a spittoon at him in the courtroom at Ogden. His sentence will expire De cember 21, 1007. . CASE OF BRUTAL NEGLECT AIRED !N" COURT The separate maintenance suit of Joslo Long Smith against Charles Smith wno tried before Judge Hall In the first divis ion of tho District court yesterday and the defendant was ordered to pay his wife one-half of all his earnings. From tho testimony of the defendant this would not amount to much, as he testified on tho stand that his monthly salary amounted to J51. He further stated that out of tills amount ho had been paying 532. 50 per month on his wlfo'B doctor bills, $10 for rent and that thuy lived on the balance. In contradiction to the charge mode in tho complaint thnt ho was believed to bo worth about S20.0G0, ho smiled sardonically and said ho didn't have a dollar's worth of property. The little daughter of the plaintiff was placed upon tho stand. Sho testified that the defendant had furnished the plaintiff) with but ?2 worth of groceries In the past two years. She sold he had paid the rent, bought the coal and supplied stale bread. The llttlo girl broko down and wept when aho told of her mother's alckne3 and tho cruel treatment of tho dofendant toward nor. She told of tho father had put the mother out of the bedroom when sho be came sick with cancer and too weak to work. The child said that Bhc and her mother lived In ono room ami that the father ami a younger son occupied the remaining three rooms. At tho tlmo of tho separation In the family the witness 3ald the defendant used language of a most vile nnturo and that ono time ho choked tho plaintiff. Mrn. Mary Pitcher, Jane Marck and Mrs, Carollno Anderson all testified to the neglect of the plaintiff and the squalid condition of the one room In which Bho has bon compelled to live at 75 East First South street. It was stated that the little girl earned II. GO a week as a nurse with which to supply her mother with neces saries and that tho llttlo son, 0 yoars of ago, looked after tho woman's wanta when Bho was confined to her bed. Tho couple were married on Septembor 12, 1S33. The plaintiff charged desertion and non-support in her complaint and asked for J50 per month alimony. At the conclusion of the trial Judgo Hall ordered that tho defendant pay tho plaintiff 50 per cunt of his earnings until further Instruct ed by the court. BROWN TO BE TRIED ON ADULTERY CHARGE Former Senator Arthur Brown entered a plea of not guilty to the Information charging him with adultery when ar raigned In tho criminal division of the Dis trict court yesterday morning, and his case was set for trial on March 22nd. Bcforo entering his plea tho defondant made tho stipulation that in doing so ho reserved tho right to object to tho Jurisdiction of tho court and to former proceedings In tho case. Brown strongly objected to sotting the trial of the case for tho above date, and presented affidavits to tho offect that his attorney. Judge King, could not bo present at that time, and that a material witness for the defense was absent from the State. The affidavit set out that Mrs. Nclllo Hay den, former proprietress of inn Independ ence roo:nlng-houBC, Is in Honolulu and will not bo back for six weeks. Thla wit ness, ho said, would testify that Mrs. Bradley was not at tho roomlng-houso on the night in question. District Attorney Elchnor sold ho would admit the matter sot forth In the affidavit, but that It was for tho Jury to dotermlno tho truth of the statements In the light of tho other evidence to be Introduced. Tho defendant excepted to the order of tho court setting tho case for March 22nd. On motion of Mr. Elchnor, Judge Morse postponed tho time for passing sentence upon Mrs. Anna M. Bradley, who pleaded guilty to having committed adultery with Brown, until April 4th. WIDOW WANTS $25,000 FOR HUSBAND'S DEATH Ida May Wilton, widow of W. II. Wil ton. a3ks for ?25,O0O from tho Southern Pacific Railroad company for tlic death of her husband, which occurred, accord ing to the complaint, on account of the negllgcnco of tho defondant company. W. IL Wilton was a locomotlvo engineer In tho employ of the company, and on the 24th of March, 1002, the boiler of his en gine oxplodcd at Matouras, Nov. The plaintiff alleges that tho engine was old and damaged, 'and that the defendant Is at fault. Court Notes. Emma G. Nnylor Is another claimant against tho Utah Con. Mining company for dnmaco said to have been caused by the Highland Boy smelter. The claims, under live different heads, amount to a total of J13.S72.S3 The case Is now pend ing In the Federal court. A complaint was filed In tho criminal division of tho City court yesterday asralnst Sam BJorklund, a barber In the Kenyon shop, charging him with violation against the Sunday ordinance. A repre sentative of tho Barbers' union is said to have secured a shavo from the defendant on Sunday for the purpose of prosecuting him. Edward P. Graves hns brought sidt In tho Federal court, as receiver for the North American Savings, Loan and Build ing company of St. Paul. Minn., against Laura P. Cory et al. Tho suit Is in '.he matter of a promissory nolo, for which Judgment was received In the court nt St. Paul, and tho plaintiff asks that a re ceiver bo appointed for Utah. Suit for dlvorco was commenced In the District court yesterday by Emma Wel ham asaiiiHt Edward Welham on tho grounds of cruelty and non-support. Tho complaint alleges that the defendant struck tho plaintiff with his clinched fist, greatly bruising and Injuring her The parties were married November S. 1W. and havo two children. The plaintiff nsks for tho custody of the children and for ali mony. Attorney Wiley L. Brown wan examined as to his sanity at tho county Jail yester day and was taken to tho State mental hospital at Provo last night by Deputy Sheriff Steele. Erown, who Is well known In Salt Lake, has been suffering from melancholia for some time, and since his arrest last week has refused to speak or to eat. The examination was conducted by Drs Mayo and Odell before District Attor ney Elchnor and County Clerk Janes. M0R0 CAMP RAIDED AND CANNON CAPTURED WASHINGTON. March ll.-Actlrtg Adjt-Gen. Hall has received the following cablegram from Maj.-Gcn. Wade, dated Manila, March 13th: "Maj.-Gen. Leonard Wood reports an attack upon a reconnoltering force east of Cottabao by a strong party of Moros made hostile by the passago of the anti slavery law. "The MoroB position was shelled and tho Moros Hanked and tho outworks taken. They were strong and well con structed. Cannon captured, twenty-ono old Spanish, thlrty-threo Lantakas. also largo Quantity of ammunition and sup plies. No casualties on our side." PROF. S, H. CLARK'S FINE OPENING Splendid Dramatic Recital o "Cyrano de Borg-crac" Appaulcd by a Large Audience. That was a very splendid dramatic re cital with which Prof. S. H. Clark com menced his series of lectures In this city last evening. Barratt hall was well filled and the largo audleuco followed with in tenso Interest tho reading of "Cyrano de Bergerac." which gives ample scope for the display of the dramatic powers of a reader. The ontlro story wan read. Prof. Clark resting but a few minutes between each of tho llvo acts, and that to the very close of the scene in Convent park he could hold tho undivided Interest of his auditors was tho best possible tribute to his power as a dramatic reader. The in terpretation of the scene bcforo Roxane's house, tho siege of Arras and tho dra matic ending of the scene In tho Convent park were especially line, and were re ceived with enthusiasm by the audience. This afternoon at 4:15 o'clock Prof. Clark will lecture on "The Tragic Ideal." which Is given by request- There will bo no evening lecture. Tomorrow afternoon the Biibjcct of tho dramatic recital will be "Julius Caesar." In the evening Prof. Clark will give an Interpretative recital of "Armgart," by George ElloU WEALTHY MAN KILLS HIMSELF WITH POISON HAYWARDS, CaJ., March 14. With no other known reason for taking his llfo but the fact that his wife was lying ill in a San Francisco hospital, Michael Hartcry, a wealthy rancher of CastrO valley, near this place, took a draught of poison last night and died some time before midnight. He was found dead In his bed at 12 o'clock with an empty glass beside him which Is supposad to liave contained strychnine and whisky. Hartery was a pioneer of southern Oregon. He settled In that country' many years ago and engaged exten sively in the cattle business. He came here about one year ago. ARRESTS IN M0JAVE LYNCHING CASE EAKERSFIELD, Cal.. March 14. Three men have been arrested in connection with the Mojave lynching case. Jamen Cowan Is charged with murder and was Implicated by tho verdict of the Coroner's Jury. Ho denied everything but there Is said to be considerable circumstantial evi dence against him. Two men named O'Nell and Clancy have been arrested as acces sories and warrants arc out for two others, one of whom is reported missing. It has developed that, there was abso lutely nothing upon which to base a charge of any serious offense against tho negro Bright's Disease and Diabetes News. . Sacramento. Cal., March 7, 1004. To relatives of those having Blight's Disease or Diabetes: Knowing what I do I consider that it would be almost criminal to conceal the knowledge I have as to the curability of Brlght's Disease and Diabetes when there are so many homes constantly saddened by the presence of these hith erto fatal diseases. I had Diabetes myself for many years had exhausted the best of medical tal ent here without result it steadily pro gressed till I hoard that there was a cure for It In San Francisco. It looked unreasonable but I sent for it. In a few weeks I was on the mend and in six months was in my usual health and strength. I then put an engineer of our road on It- He was broken down with Diabetes and was retired. In a few months he was back to his old position on his engine. Later my son, aged 13 years, was discovered by our physicians to bo in an extreme condition as the result of Bright's Disease. They felt certain he could not live but a short while. I got the treatment for him and he Is now, to our delight, strong and vigorous again and at school and grow ing wonderfully. Many here are tailing the treatment. I have told a great many persons for I know It to be an al most certain cure for Bright's Disease and Diabetes in all stages. Yours faith fully. CHAS. A. NEWTON. Yardmaster S. P. R. R. Co. The above refers to the newly discov ered Fulton Compounds the first cures the world has ever seen for Bright's Disease and Diabetes. We are the solo agents. Ask for pamphlet. F. J. Hill Drug Co ckicao nian's , mmrn mum Lo3t Forty Pounds Then. Eegained Them, by Taking Boxall Dyspep sia Tablets. Months of acute coffering! Reduced to almost a skeleton! Pain banished; health restored; flesh rogained through Rexall Dyspepsia Tablets. J. D. Roberts, of 21 Qulncy Street, Chicago, says: For about eight months I was troubled with a very severe form of Indigestion and endured Intense suffering, besldcu losing about forty pounds la weight. After trying all sorts of preparations and also treating with physicians without result. I at lust tried Rexall Dyspepsia Tablets und with the Iwst of success, though at first I had no faith in them. After uxlng two boxes I found myself almost entirely cured, anil now, after using four lwxcs. I havo rcgalnod my weight and am entirely well. Dyspepsia Is caused by an abnormal state of th& gastric Juices. There Is one element missing. Tho absence of this destroys the function of the gastric fluids. They lose their power, to digest food. Thanks to tho recent discovery of a group of famouH.specIallsts we are now able- to supply the missing element to restore to the gastric juices their diges tive power, and' to make the stomach strong and well. We know that Rexall Dyspepsia Tablets will positively) and permanently cure this disease, no matter how bad it is. We want you lo tr3" tbem, and will re turn your money if you are not more than satisfied with the result. Price 25 cents, at our store only or by mail. Smith Drug Co., Druehl &. Franken, Druggists, j Salt Lake, Utah. DEVELOP THE BUST Wwft The greatest at- p TTwTcv tractlvcncss of a f'hf Xj.i0d woman's figure Is a VAAWr finely rounded Bust and in no dirccUon s a lack of -w0" . SUi man's charms so jfeavWW' striking as in a de SgEy llclency In this par Ucular. SM DR. CHARLES T FLESH FOOD 3fSE?raE ls positively the fts-ffiwee onlv preparation known to medical science that will devel op tho immatured bust or restore tho natural beauty of a breast lost through I'Uralng. IT MAKES THE FLESH FIRM AND HEALTHY , ON SALE AT DEPARTMENT STORES AND DRUGGISTS'. SPEeiHL FFER Tho regular price of Dr Charles Flesh Food Is $1.00 a box, but to introduco :t Into thousands of new homes wo havo de cided to send two 0!) boxe3 to all who an swer thl3 advertisement and send us S1.00. All packages are sent In plain wrapper, postago prepaid. FF5Z?fP' A sample box Just enough lo &i:?Ea convince you of the great aura &s incrlt of Dr Cn(irics nesh : Food will be sont free for 10 cents, which pays for cost of mailing. Wo will also send you our Illustrated book, "Art of Massage," which contains all tho proper movements for massaging the face, neck and arms, and full directions for develop ing tho bust. Address Dr. fSKSLES 2., 19 Park Place, New York. Sold at 50 cents a box by F. J. HILL DE.TJG CO. iiyc3 tiv n lH iJlk Ry ii 1 xit nvor taslc, Quol;cr ip iiK I I J At all lcAtllDg bora, 3. HIIXSOH & CO. H i oafoa, Jr kausas city, mo. jj ONE PRICE TO ALL NEVER UNDERSOLD J Spring Business Started in with a Big Hurrah in I ill CLOAK AND SUIT DEPT. 11 And we Intend to keep it up. "Wo arc not only strong in prices, but In ! styles. Each garment was selected with care, and here arc special 'l Items explaining tho littleness of our prices: r- H Buys a most m'.msL Buys one of j I attractive 1(P the latest J. ,; suit of the p fancy mix- j ( ; new 1904 WWvIk tures in I ! sfcyle illiiiii spring; suit I j j ! these ne;wi ffii fabrics 1 i ofSUvl5 Sl unexcelled. f ; WOOL. VENE- M$Wm, ' richness ud I I I rriAN SERG-ES KMWM, durability. Thc y 11' : VND CHEVIOT, PfesWSKi. ure made 1x1 tho i If 1 ttN THE PRE- Jm$WW? ff, 331011 3:Mtii with blouse efiect ; VALIiG TjTO f Sftyta "uSf jjBi.-L'.MI I III Hill It" mn.ii"iJii.i.i I HIM I II I I II Ill ill I II II 1 1 1 I N'T T I II Mill I I III I II M I'l Jj ft DIAMOND oIAlTTJTACTUBrN'G- IMPORTERS. JEWELERS. E j ; I Diamonds a&d Diamond Jewelry. ? By reason of our direct importations of Diamonds, and our un- E I equaled manufacturing facilities, we are able to and do offer the moat if jj beautiful creations In jewelers' art. at extremely low prices. There Is S JI I more to these statements than tho mere wording: o them. IVo mean. R fj what we say, and stand by our arguments. ft I( j M. N. LiCHTENSTEIN I 1 DIAMOND MERCHANTS j I i 214 MAI?; ST. OPP. KENYON MAIL ORDERS PROMPTLY ATTENDED TO. 4 j WATCH EXPERT J l ? REPAIRING. OPTICIANS. a It1 f DOCTOR COOK CURDuTta 1 J I Prostatic Troubles 30 Nervous Debility I : permanently ourcd, no , fl 'ft t matter how lone tan5- ATk Curcn quick and radical I I ins tho dlseaeo. In from In to CO days, by ar . W rt B to 20 days. m( own famous method. 3 J f , 1 Stricture M (g Varicocele j Jl cufCd 1, W , v Completely and peram- j i ! out cutting, pain, dniffa & la4lk nentlv cured by my new , fi' I or detention from busl- process: all diLecob nC8S- l V3Siii4gi oymptomB noon disappear 3 Wasting Weakness V Ju completely and forover: I Tlmo of cure 10 to CO yilVs,?inV 11 13 Ba-fo' Palnl"8 S i very elmplo remedy ffiNjOaK' guaranteed. 1 , B, a (used exclusively by ( JmrfsKaJQ7' , , , . jfi Private Diseases Every vestige of polroa 1 ! tt cured In 3 to 10 day. vt V ISJLove? JT0J? JX.fS 1 B 6 without the use of pol- without aid of merouxy 'I VI I eonoua drugs. or potash. ffi S Concuitauon Is freo and Invited, and In consulUng mo you may bo un I . fi that nothing that aclenc can dovlso or BklU perfect has been left undone 5 fi it to afford you a spocdy, Eifo ar.i p: rrzzr.zr.i c-r. i 1 J i WRITE mo In full cosfiicr.ce. explaining your troubleo as they appear to j s h you, and roc!"? by return mall my honest and candid opinion of your can. i N " - u.. i,. .un D.IJ i wmu u-ui i i.iii iwmiiML'iiwwi.mH i i n"i'marnjwit'N j ' ! j DR. LANGE'S psgsssr j t tr t n t E-k a i Located In Heart of the Buslnaas M j New York Dental Parlors ; The;lcr D,5tricta j; Rooavs 2, S, i Eagle Blk., 71 "W. Scd'Bo. j ffn... W , j Teth Exacted Without Pain, 1 MW YllSOU 1 ; llj EUROPEAN HOTEL. g , r iJPSS -8 Rotoa: 5L00 to 3.00 per day. M ; a J J r v v v i vr Popular Priced Routaurant, m h J V. i , J -il LLJ tflj jtooini. with Tolcpbono, Hot si 1 U PJ,d Cold Runnlair Water. Slity Dl L. Modern Dentistry. Boat Vork. Lowest ft Prlvato Hatha. H 1 iirlcos. CROWN1NO AND BRTDOINO RV JR1 TEETH A SPECIALTY. reTirssg li . iiMi ' ! a 111 aWjBiM ' " "' ' " 1 T '' " 1 " J-M iTTVTTMff t-ht-t-M-.f.t.t, Mitt J t. MtHMI Lt tJ.Ltt.t jH