Newspaper Page Text
I Man Convicted Murder
Romanco in the Career of
Judge Powers Tells How Ho Became !
Confident of Innocence -of
Man. He Convioted.
Tills Is t& story of how an old cob
pipe played an Important part In sav
ing the llfo of a man convicted of mur
der and of how the savins' of the llfo
may bring, a large fortune to another
Down In the Xow Goldflcld mining
district In Nevada is a camp called
DIamondfleld. It did. not receive Its
name from five fact that diamonds
have been discovered, there, but from
the circumstance- that the best claims
in the camp were located by "Diamond
field Jack" Davis, who, according to
late reports Js likely soontto be a multi
millionaire. Back In the enrlyand middle nineties,
"DIamondfleld Jack" "was a trusted
range rider in the employ of the Sparks
Herrold Cattlle company In Idaho. In
I those days there was much friction be
tween the cattle men and the sheep
men, and on the range covered by
"DIamondfleld Tack" it is said that a
"dead line" had been established, which
the sheep men Avere forbidden to cross
with their flocks.
Was a Ileal Corvboy.
"Diamondlleld Jack." at that time,
was a real cowboy. He Avas known to
be loyal to his umployers, rather a
violent partisan of the cattle men gen
erally, in fact, and It was even reported
that he had beeu n some pretty san
guine encounters with eertaln ones who
had disputed tho rights for which he
"When, therefore, on February 1C, 1S9G,
John C. Wilson, a Hheop herder, and
his companion, a man named Cum
mlngs. were found dead In their camp
on disputed ground, evidently mur
dered, and it wan further discovered
that "Diamondlleld. Jack" and his part
ner, Jack Gleason, had been In that
locality about the time the killing took
place, they were promptly arrested for
Bitter Iegal Contest.
Jack, Davis was placed on trial first,
and it ivas one of the most closely
contested murder trials in the history
of Idaho. Gov. Sparks, who believed
implicitly in the innocence of his em
ployees, retained A. I. Perky and Haw
ley & Puoket of Boiso to defend Davis,
while Jud.ge O. W. Powers of this city
and Judge Borah of Boise were em
ployed to assist In the prosecution.
Every Inch of ground was fought over
carefully; the evidence wag -all circum
stantial and the defendant came very
near proving: an alibi It having been
necessary for Davis and Gleason to
have made an almost impossible ride
in order to ha.vc been at the shop men's
camp at the time It was proved they
were killed. But Davis was convicted
of murder In ;Mie first degree. His case
went to the 5 Supreme court of Idaho,
and to the Federal Court of Appeals,
but he was beaten at every turn and
the dale of hat execution was Anally
fixed, with only the possible clemency
of the Governor to intervene.
Powers PJeatfs for Man's Iife.
Then it was that Judge O. "W. Powers
who haI done at least as much as any
other man to convict Davis, became
einvinced. largely upon the strength of
new cvld-snne discovered, that. Davis
was Innocent. JuriVje Powers thereup
on went before the Governor of Idaho
and pleaded for the commutation of
Davis's sentence to life Imprisonment,
which was granted. Later, he present
ed to tho Governor a written argument
for an absolute pardon for Davis, and
this was also granted.
What Raised a Doubt.
When Judge Powers was yesterday
reminded of the celo'braled case ho said:
"Do you know tho Hrsl thing that
raised a doubt In my mind as to the
guilt of 'Diamondlleld Jack' was an old
cob pipe, which was found under the
wagon in which laid the bodies of the
murdered sheep men. The pipe was In
troduced In evidence by the prosecution,
and at the time this was clone, I hap
pened to be looking In the face of a
witness for the prosecution, a man
named Bowers. An expression passed
over this man's face which showed that
he was peculiarly affected. I said then
to one of my colleagues that Bowers
knew something about that pipe, but
the others thought there was nothing
to It and the Incident was passod over
at the time. But the doubt created In
my mind then helped to convince mo
when further evidence, tending to prove
Davis's innocence, was presented.
Bowers Hado Confossion.
Bowers, who once ran a meat market
at Ogdon, afterward confessed that It
was he and ano.lher man who killed the
sheep men, and he told them of the old
cob pipe having been knocked from his
mouth in the struggle which took place.
He set up the plea of self-defense and
was acquitted. Davis's partner, Glea
son, was acquitted before this confes
sion was made, a fact which probably
helped in securing Davis's commuta
tion of sentence."
A prominent citizen of Salt Lake
who returned yesterday from Goldfleld,
reports that there Is every Indication
that the district will bo a strong rival
of Cripple Creek, oven if It does not ex
cel that camp In tho production o
gold, and he says that "DIamondfleld
Jack" Ik undoubtedly the owner of some
of the best ground In tho new district.
Jack was engaged in stocking, a largo
company. In which his claims will flg
uro prominently, and he told the Salt
Lake citizen that the first thing he
should do when the stock was issued
would be to send Judge Powers a large
block of shares.
BIG REAL ESTATE
DEAL IS RECORDED
The transfer of two pieces of real es
tate in the busines section of the city
to former Mayor Ezra Thompson from
Phillip Pugsley, was recorded In the of
fice of the County Recorder yesterday.
The property consists of one piece lCx
50 feet and another 20 feet by 10 rods,
fronting on tho south side of East
Second South street near State street.
The property adjoins other real estate
owned by Mr. Thompson and one-story
buildings stand on both plots. The to
tal consideration mentioned in the deed
Inspects Street Car Bonis,
Karl A Scheid, surveyor In charge
vof the Pacific Board of Underwriters,
yesterday examined the local electric
' car barns to Fee If they conformed to
the new schedule adopted by the Board.
He express-ad gratification at the Im-
provement of the last six months In tho
arrangement 'and condition of the plant.
The surveyor also complimented. Fire
Chief Bywater, who has been doing ex
cellent work In the way of Inducing
persons to clean up the accumulations
of rubbish about their premises, thus
greatly lessening the danger from Urea.
Mr. Scheid went through the business
section just -before the Fourth and was
surprised to find such a marked Improvement.
Skull Crushed in. Mine.
Robert Lowry, who had hl9 skull
fractured in the Utah Copper com
pany's mine at Bingham, Is In a very
critical condition. He was taken to
the Keogh-Wrlght hospital yesterday
where he is being nursed, but grave
fears are entertained for his life.
The fracture was caused by a cave
in the slope where Lowry and his part
ner were working. Part of the roof
fell In without any warning, knocking
him unconscious Instantaneously.
Will Not Dissolve Parliament."""
LONDON, July 6 At a dinner given
by the Unionist members of the House
of Commona tonight Premier Balfour
announced that under no circumstances
would there be a dissolution of parlia
ment this year unless he should fall to
secure the support of his colleagues.
NEW YOIUC. July C The Federal
grand jury today resumed lis Investi
gation Into tho loss of tho steamer Gen
eral Slocum and the consequent loss of
over SCO lives. United Stales District At
torney Wiae directed the Inquiry,
The Great Sale of Summer Wash
Wash dress fabrics of every kind.
Household linens. Splendid reductions.
OPENING SIP TIE
A. I. M'Cnae in Perns'
Wealth of Copper
Properties Which Have Been
Worked Two Hundred and'
Seventy Four Years.
With a Big American Syndicate Ho
Is to Operato tho Rich
"South America is enthusiastic over
tlie success of the Panama canal emcr
prlee," said A. W. .McCune last night,
who has Just arrived home. "That
canal will assist In the development of
the great resources of the South Ameri
can republics as no other business en
terprise possibly could. When It was
known the canal would be completed by
the United States there was great re
joicing." Mr. McCune has Justeturned from
-an extensive trip to Peru, where he has
extensive mining interests. He Is elated
over the progress being made In tho
development of his properties and will
return as soon as he can pay his family
a visit and attend to some important
business matters here.
"The mines we are developing at
vmiu uu i uaiu, x -i it, iiiiiu -ui , iiiv.-
Cune, "were first discovered in 1530.
They were operated for more than 270
years in the crudest possible way. Our
company has already expended more
than ?S,000,000 In the construction of
railways, the building of shafts and In
equipping the mines with the most Im
"We shall spend fully $10,000,000 by
the time the plans agreed on are curried
out. By the end of the year a mammoth
smelter will have been constructed and
tho whole of our railway system will
be complete. We have built a road from
Oo'a to Cerro do Pasco, a distance of
S5 miles. There will be 115 miles of rail
way as a part of our property. We are
employing at this time an average of
3000 men. Five hundred work In the
mines and about that number In the
"The mining enterprise at Cerro de
Pasco Is one of tho greatest ever at
tempted. In the world. Of course, we
do not know for certain how It will
develop but the prospects are certainly
all we could desire. We are now open
ing five thoroughly equipped shafts and
I am glad to say they are all paid for."
Mr. McCune has been Interested In
these ancient Peruvian copper mines
for about three years. He Is one of the
most practical mining men In the coun
try and he Is giving his personal at
tention to the enterprise, bringing to
bear on the properties his long exper
ience In the United States. Ho says
the climate is fine, that his health has
been good and that the- Peruvians have
a good system of government.
HAPPENINGS ABROAD J
TROMSO, Norway, July C The Champ
expedition sailed from hero today on the
steamer Frlthjof for tho relief of tho
Selgler Flala polar expedition on board
tho steamer America at Franz-Josof Land,
for which part of the world ho sailed on
June 23. 1MK5, Intending to winter there
and send expeditions north.
MESSINA, July C Acting upon In
structions from Rome, authorities hero
have arrested Capt. Ercolcsso, of tho
Italian Assembly, and his wife, on the
charge of high treason In selling to agents
of foreign powers plans for the mobiliza
tion of Italian forces In Sicily.
SEOUL. July C It Is definitely reported
that an epidemic of cholera la spreading
throughout Manchuria and already Las
HERE TO ASK UTAH
TO ME EXHIBIT
J. P. Marshall of the Portland Ex
position Consults With Mer
chants. Captivated by the amazing splendors
of the Louisiana Purchase exposition
all eyes at present are turned to St.
Louis, but Utah and her sister States
have not forgotten that the Lewis &
Clurk exposition offers them their first
chance of exploiting their own products
on their own territory. Tho Portland
exhibit is not primarily an Oregon ex
hibit, but a Western exhibit from which
the entire West Is to bo benefited.
Never before has such an exhibit
been possible In the West, nor would
It now be except for the St. Louis ex
position. The Portland exposition will
represent an expenditure of 55,000,000;
but in addition It should be remembered
that all the costly exhibits collected
from all parts of the world for St.
Loula will be removed to Portland. In
addition Congress has voted an appro
priation of $175,000 and will, install Its
excellent St Louis exhibit In some fine
Government buildings which aro nearly
completed. Oregon has voted an ap
propriation of $150,000 while the citizens
of Portland have shown their spirit and
confidence by subscribing 5120,000. The
West especially will be represented, but
many of the more distant States aro
planning to mako a good showing. Al
ready the States of Missouri, Minnesota
and North Dakota have arranged to
transport their St. Louis expositions to
Portland, while New York and Massa
chusetts have voted to do likewise and
have also mado large appropriations.
Most of the other States will follow as
soon as their State Legislatures con
vene this fall. Many of the foreign ex
hibits ilow installed at St. Louis will
also be transferred to Portland, while
those from the Orient will be especially
enlarged. The foreign exhibits will be
brought to Portland in warships be
longing to the several countries and
this will result In a grand, unprecedent
ed naval display.
Utah recognizes that she has received
a great deal of valuable advertising
from the St. Louis fair and has deter
mined to take due advantage of the op
portunity offered by the Portland ex
position. The State has already ap
propriated 510,000 and will transport her
St. Louis exhibit to Portland. It would
be difficult to Improve the present ex
hibit. It might be rendered more at
tractive if placed In a neat building.
By making a good exhibit people who
miss Utah in going to the exhibit would
be influenced to pass through when re
turning home, It Is urged. As the rail
roads will bo liberal In allowing stop
overs, tourists will be given a better
conception of the State, Its products
J. P. Marshall, special commissioner
of the exposition, was In town yester
day talking with the prominent busi
ness men. lie was cordially received
and his suggestions were listened to
with great interest. The local business
men will probably organize a club for
the purpose of promoting a State ex
hibit and assisting the State committee.
Accoiiet of Color
Four Filipino Students Shut Cut
From Dunont Manual Training
High School, Louisville.
LOUISVILLE, Ky July C Tho State
board has instructed the high school
board to Inform four Filipino students
who applied for admission to the Du
pont Manual Training High school that
their color dlsbara them from the pri
vileges of the public schools. When the
request that the Filipino boys be al
lowed free admittance to the school was
presented to the board Dr. TL E. Galvln
Inquired If Filipinos are not negroes.
Trof. Mark said he had Investigated
tho law as to the separation of races
In the schools and found that the word
"colored" .applied to negroes, Indians
and other brown races.
ST. PETERSBURG, July C The mili
tary critics generally lake the view Hint
serious military operations In southern
Manchuria aro over until tho rainy season
has ended, and that In the meantime tho
Japanese will devote themselves to tho
siege of Port Arthur.
Shot ie Boise
Mrs. Alice Mitchell Wounded, by Her
Fiance, Three Shots Taking
BOISE, Ida,, July 0. Mrs. Alico
Mitchell, widow, was fata.ly shot to
night by Bert Hayward. They wore
engaged. Hajward accused her of in
tending to bronl: off with him and leave
tho city. He walked 'uo to whr-ra she
was sitting on her doorstep this eve
ning and, afer quarreling with her,
drew a revolver and fired three shotp.
One grazed her shoulder and two
passed through her body iom tho back.
Hayward escaped towards the river
and has hot been found. Ho has been
an employe of the gas plant.
I MEWS NOTES BY WIRE.
CINCINNATI, Julv 0. Judge Harmon,
.having received dispatches today from
dlfforunt parts of the State, based on
newspaper reports of dlasenalonn In tho
Ohio delegation at St. Louis, criticising
some delegates, gave tho Associated Presa
tho following Blgncd statemonl. "I am
satisfied with the conduct of my friends
at St.' Louis. They nro on tho ground
and best know tho situation."
ST. LOUIS, July C After cutting tho
throat of .Mrs. Mario Korr, with whom
ho had been living, Kdgar L. Evans, 22
1 years old, today slashed his wrists with
tho same raor and then cut his throat.
The woman Is doad, tho man Is dying.
Jealousy was the caue.
NEW YORK. July C In tho Are which
destroyed the Kamack cottage at Tuxedo
park. New York, the JcwelB of Sirs. Ber
nard Stelnman of New Orleans, worth
several hundred thouKand dollars, were
so damaged that they probably will bs
worthless hereafter. Tho cottago wan
valued at nearly Sl.OCO.OOO.
WASHINGTON. July 6. Today's state
ment of tho treasury balances shows.
Avallablo cash balance, 51C2.920.C0S; gold.
I MUKDEN July C-Raln Is falling very
fW flit'' m$8&.: '&$&'fii i'!Msiitelfe'
CAMPAIGN IN BEHALF j
OF LARGE FAMILIES
Father W. P. 'O'Donnell of tlie Holy
Crosa church at Bellevue, Pa., has
started a campaign In behalf of big
families. He opened it by giving a
picnic at Lake Ariel at which he offered
a prize to the biggest and healthiest
and most representative American fam
ily In attendance. Mrs. Bridget Law
less, who Is shown with her family In
tho picture carried off the prize. She
was present with her seven children,
three boys and four girls. When the
youngsters captured first honors Mrs.
Lawless clapped her hands in triumph.
Father O'Donnell Intends to give a big
family party every year.
heavily here. Several of the Chinese
bridges have been carried away. Tho
movements of large bodies of troops and
transports have been stopped,
LIAO YANG, July C Troops hero have
suffered from a second .day of torrlble
heat, the thermometer registering 1C5 Fah
renheit. No more rain has fallen hero.
LONDON, July 6. The Associated Press
learns from a high British sourco that
exchanges of views aro taking place be
tween America and Great Britain with
respect to Tibet. Being a dependency of
China, the fato of Tibet to of consider
able Importance, especially to America.
PARIS. July C The parliamentary com
mittee which Is Investigating tho Char
truae charges has drawn up a report ex
onteratlng Premier Combes and his eon.
Edward Combos. Socretary-Gencral of tho
Ministry of tho Interior, on the ground
that tho testimony does not show any
thing impeaching their honor.
OLD AND NEW WAV!
Hyomei tlie Latest Scientific DiacqjL m
ery for the Curo of Catarrh. 'r
The discovery of Hyomei hna wroul
a wonderful change in the treatment! s
Prior to three years ago the m .lllf
clnes ordinarily employed In the cure 111
this disease were nauseating drugs?
worthless tonics. In some Instan rf
they benefited, but the lmprovcmj fljlji
was iot latslns-. j rlf I
With Hyomol you lake Into the j U I
passages of the throat and head a b
samlc air that goes into the mlnuti ;.
colls, effectually killing all germs a" t
microbes of catarrh. It enters the bio ',
with the oxygen, killing tho germsj Llf
the blood, and restores health to IB'
whole system. Many astonishing (C
tlmonlals have been received fro hi
those who have been cured by Hyom! UP I
A complete outfit costs but $1 00, a Bl
Includes an inhaler, dropper and sun" : '
clent Hyomol for several wpeka' trea '
Perhaps tho, strongest evidence thi
can be given to doubters Is the fa, Jfil'
that F. C. Schramm has so much falj.
In Hyomei that he sells every packaaS-kl
under a positive guarantee to refu'ifgs
the money If It does not cure anwg
Now Is the time to begin tho-use .TfaD
CUBE FOB HAY FEVER.
Hyomei Is a positive cure for tB&
sneezing, watering of the eyes, excaHKi
slvo running at the nose, and IntenlS-,
burning of hay fever. It toothes amS'
heals the Irritated mucous membra
and gives quick and lasting relief, iff?
Hattio Rogers. J
She Is the fourteen-year-old daughtei
of the woman with whom Frederick
Hughson boarded in Colllnsvllle, N. 'Ji
It was the Gos-sip about the girl and
Hughson that led to his being drlvei
from tho town ater a mob cf corner
tried to lynch him.
rOu I -brUn
For Tired, Aching,
Smarting, Swollen Feet, t
SHAKE INTO YOUR. SIIOES $
Allen's Foot-Ease, a powder. It curea
painful, smarting' feet and ingrowing ndilsTJ.
and instantly takes the stiag out of corna
and bunions. It's tho greatest comfort disr
covcry of tho ago. Makes 'tight or noi
shoes cosy. A certain euro for sweating"!
callous and hot, tired, aching feet. 30,C0()
testimonials. Sold by all Druggists andJ
Shoo stores, 25c. Dotftacccpt a subititutel
Trial pnolcago FREE. Address, M
Gonalno bears above signature. U. S. A;
I I Er c of fefomts9 Wear, Thursday, Friflay-aiad Satw4ay-at
l I jM i .jlr Hi lll Owing" to our tremendous stock, more heavy at this season, of the year thari It should, "be by half, we hsrve decided to lose- a big'
H j py jj
I ln.f? p ..-.. 0 SSrehnjnS!: rjh, ffi
inlh 'J, CbIldfD ' fine" lawn. l
iFfc t JH in rooTTVif rrv . nulnnonk. square yoko trimmed Mother Hubbard ahar yoke o worUi ' Sli.32 1)
J Read the Terrific Reductions and Don't Forget the Little Ones. ifSS 11Pt?S l&3iS! 1