Newspaper Page Text
H z THE SALT LAKE TRIBUNE, TUESDAY MORNING-, NOVEMBER 24, 1908. J
Daughter of Thomas Vance
Hj Gircs Damaging Testimony
in Murder Casc.
I SHE TELLS OF ASSAULTS
j MADE UPOX HER MOTHER
j Husband Said to Have Cursed
Wife and Threatened-to
j Take Her Life.
Unaffected by tbo gravity of the
situation and apparently little realizing
j that she might be swearing hor father's
life away, little Lena Vance, only 12
yours old, in Judgo Armstrong's divis-
1, ion of tho Third district court, Monday
afternoon, recounted v.-ith all tho graces
of childish prattlo all tho details of tho
alleged assault of Thomas Vanco upon
his wifo November 20, J907, almost a
year ago to tho day, by which it is
i hoped by tho stato .to provo the prisoner
guilty of murder in tho first degree,
and wife-murder at that. It was, in
deed, a case of daughter against father,
and tho court 'attaches and other spectn
tors lost nonu of tho tenso drama and
tragedy of tho situation.
According to the little girl's testi
mony, her rather, who was employed by
a nunk dealer, came homo for lunch at
12:25 p. m. tho day of the alleged as
sanlt. As ho sat down at tho dinner
H) tablo Mrs. Vauco placed an almost over-
flowing cup of coffee at his side.
B "Didn't I tell you not to fill up my
up of coffee?" Vanco ejaculated in
auger, according to tho girl's testimony.
B r'If 3ou did, 1 didn't bear you," Mrs.
B Vanco replied.
B "You'd botter say 3'ou heard me,"
f "I won't, because I iidn't hear
you," was jfr3. Vanco 's reply.
His Hand Is Stayed.
Vanco then jumped up, tho littlo girl
testified, nud hurled tho cup at hor
B mother. Tho cup missed her, crashing
into pieces against the wall, but tho
c ontents struck her in the breast. Tho
maddened man then picked up a chair
V? ns if to strike tho defenseless woman,
l but apparently his hand was stayed by
H! her half plea, half command:
Ki "Don't vou nit me with that chair."
j) "G d you, I'll kill you!'
Hll Vanco exclaimed, according to the wit-
ness, but put the chair down. Striking
Mrs. Vance ou the shoulder with his
Bj list, hor father fcllod her mother to tho
iloor, tho witness said, the falling worn
an striking tho stovo.
Screaming, her mother got up and ran
to the door and out of tho house, shout
ing for tho police. When sho attempt
ed to re-enter tho house Vanco tried
Ht lo hold tho door against her, but she
reached and got into tho house beforo
tho catch caught. When sho did get
Hr back into the houso Vance grabbed her
H by tho throat, threw her to tho floor,
j and kicked her, the daughter said.
"Oh, Tom, 3'ou'vo killed mo!" tho
mother cried, and the struggle ceased,
f Then her mother got up and sat on a
ehair. Vance ate his dinner in silence
i and then wont back to work. Her
Hl mother dressed herself and tho baby,
Albert. 3 years old, and went uptown.
Hi .She returned about 5 o'clock and Vance
about 5:30 o'clock, tho little girl tcsti-
fied. Her father and mother slept apart
that night, tho latter arising about C:30
Hi o'clock the next day to get breakfast.
Her father ate about an hour later and
went to work.
Sister Is Sent For.
Tho little girl then was sent for her
J mother's sister, Mrs. Amanda E. Vance,
who did not arrive until about 10:30
o'clock. In the mcantimo her mother
Hk laid down, tho witness said, but before
Hl doing en placed a glass of water by tho
head of her bed. Vanco came homo
about noon and went to tho middle door
leading to Mrs. Vance's room and
looked in. Prom this place, tho stato
n will claim, Vance placed tho poison in
Hj tho glass of water from which Mrs.
Vanco is alleged to have drank and
P been poisoned. An iour afterwards
Vance went back to work, tho witness
said. Her mother soon becamo ill and
H sent her for a next-door neighbor, Mrs.
Clara "Wunderlich. who since has moved.
Towards night Dr. A. A. Kerr was
On cross-examination tho littlo girl
Hj testified that her mother had not been
H: well for six months. Presumably to
show that tho mother might have in ado
Hj a mistake and administered tho poison
t sho is alloged to have taken herself, tho
Mj defence brought out from tho girl that
HjN considerablo medicine was kopt in tho
1 cupboard for various ills that sho had
been afflicted with and that children
are heir to. Tho bichlorido of mercury
B tablets, tho witness recalled, were kopt
B in a trunk. Tho mother frequently had
H asked hor husband to destroy them, but
Hl ho had replied that they wcro frcqucnt-
Hl ly uEoful to treat slight wounds.
Suicido Discussed. j
Tho littlo girl denied that her mother
B had declared at one timo that sho would
H lull herself, but admitted that sho had
B paid tbat'eho would rather bo dead.
H Sho also admitted that her mother's
H aister, Mrs. Amanda !. Vanco, had
H scolded her for testifying at tho pre-
H liminary hearing that her mother had
H threatened to kill herself, and had told
H her to say that sho had heard her
H mother say she would rather bo dead
M than alive. Sho lived with her aunt
H from the timo of the troublo to tho
H preliminary hearing, and admitted that
H her aunt talked about tho caso almost
H overv night.
H Hex mother was also quick-temporcd,
H fiho admittcdt and had used improper
H language, which sho did not like to re-
Bj peat, at the timo of tho trouble. Sho
H did not remember that her father had
H paid, when her mother attempted to get
H liack into tho houso after the first as-
Body, Braie 1
After the Hurt of Coffee. I
Some soaps are good
for one thing-; some for
But with Ivory Soap
you can cleanse ANY
thing or ANY body
yourself; your baby; a
white waistcoat or a
piece of lace.
The daintier a thing
I is, the more necessary it
i is that you use Ivory
Soap to clean it.
99o Per Cent. Pure.
i sanlt, that ho would not allow her to
uso that kind of language nerore the
On re-diroct examination tho state
! attompled to show that Vauco had
: threatened beforo to kill Mrs. Vance,
but tho defense ob.jccted and tho ob
jection was sustained. On rc-cros3-oxamination
the child admitted that hor
aunt had scolded her sevoreb' for visit
ing her father at the county jail, where
he has been confined awaiting trial.
Mrs. Wundcrlich's Story.
. Next to tho little girl, Mrs. Wunder
lich, tho next-door neighbor, whom
the wounded woman sent her daughter
for, was the most important witness.
Tho Vanco homo was at S61 South
Sevcuth West street, Mrs. Wundcrhch
testified, and she lived next door on
the north. About 12:20 o'clock of the
day of tho troublo sho heard children
screaming in tho Vance home, and di
rectly saw Mrs. Vauco run out onto tho
back porch with her hair down and in
wild disorder, her side hair combs in
her hands, and screaming:
"Telcphono the police! Tclepheno
tho policel IIofs killing me."
When Mrs. Wunderlich asked her
whom she meant, Mrs. Vance, sho tes
"Thomas Vance, tho bruto T call my
Mrs. "Wunderlich further testified
(hat her attention was first attractqd
to tho Vanco home by a sound as if
someone was falling. About 10
o'clock tho day after tho alleged as
sault she was called to the Vanco home
by the little girl, sho said, and Mrs.
Vance exhibited bruises about tho ab
domen, alleged to havo been inflicted
by her husband the day before. Sho
returned homo, but was recalled by
Lena later in tho da'. Sho found
Mrs. Vance screaming in pain and
vomiting. Mrs. Vance asked for a
drink, and wns given bno from tho
glass at the head of her bed, in which
vanco is alleged to havo slipped bi
chloride of morcury when he came
homo to dinner.
Says Water Was Fresh.
Mrs. Wunderlich says that the water
in the glass looked like it had bubbles
on it, and she emptied tho water and
secured a fresh glass, from which she
allowed Mrs. Vance to drink. Mrs.
Vanco also was administered a doso of
bromo seltzer. Toward night Dr. Kerr
camo, and Mrs. Wunderlich went homo.
Sho saw Mrs. Vanco tho next day, and
her ums wero swollen and black, she
On cross-examination a discrepancy
in Mrs, Wundcrlich's testimony at tho
proliminar' hearing and her testimony
Monday was discovered. Mrs. Wunder
lich failed to testify at tho preliminary
that Mrs. Vance had cried out that
"IIo's killing me," but could not ox
plain Monday how sho came to leave
this out. Sho denied that sho desires
to sco Vanco punished for his alleged
crime, or that sho bears any particular
interest in the case.
Following Mrs. Wunderlich, Ileleu
Abraham, an Assyrian peddler, was
called to tho stand. She testified that
as sho happened to bo passing the
Vanco houso November 26 a woman,
whom sho afterward identified as Mrs.
Vance, ran out, screaming for tho po
lice. Then the screaming woman went
back into the houso and she looked
through tho door, sho testified, and saw
a man, whom sho afterward identified as
Vance, kick Mrs. Vance, as sho lay on
the Uoor, in the stomach. Then thero
wero moro screams and cries for tho
police. On cross-oxamination hor tes
j timony was not materially changed.
Mrs. Ward Testifies.
Mrs. Ward, aunt of tho Vance chil
dren, succeeded tho littlo girl, Lena,
on tho stand, and told virtually tho
sarao story as Mrs. Wunderlich, as far
as she went. Mrs. Ward said that on
November 26 sho was living at 737
South Eighth West strcot. When sho
rcturnod to tho Vanco homo the second
day after tho alloged assault she found
her sistor screaming in pain and vomit
ing, Thero wcro pieces of tho lining of
the 6tomach in a cuspidor, Mrs. Ward
declarod. Mrs. Vance declared that if
she had listoned to what her sistor, tho
witness, had told her she wouldn't havo
had to die. Tho djnng statement which
Mrs. Ward had writton out for Mrs.
Vanco at St. Mark's hospital and
signed for tho dying woman, in tho
presence of Mrs. Wunderlich, was intro
duced at this point and marked as ex
hibit A in tho evidence.
Tho staloment lays tho blumo for tho
woman's death upon Vanco. Tn it Mrs.
Vanco said that sho heliovcd Vanco had
slipped poison into tho glass of water
from which sho drank Novcmbor 27, tho
day after the alleged assault. When
ho camo homo for dinner and pcorcd in
at tho door Mrs. Vnnco turned her face,
but his actions caused her to watch him
surreptitiously, and this is claimed to bo
tho moment that ho placed poison in
tho glass of wator. Soon -after this
Mrs. Vance drank from this glass, it
is alleged, and became doathly ill. Tho
next day, November 2S. sho was ro
nioved to St. Mark's hospital, where sho
died Dccombcr S. Although no poison
wns actually found iu tho stomach in
tho analysis by Stato Chemist Herman
Harms, tho condition of Iho stomach
is said to have indicated-tho presence
of poison earlier, and tho stato 's effort
will 'bo to bhow that poison was admin
istered, but that it laj in tho stomach
so long before death that it was ab
sorbed into tho system.
Many "Oluhs" Eaidcd.
ST. LOUIS, Nov. 23. As a result of a
wnr on "clubs" In which liquor lias been
nold on Sundays and during tho hours that
aaloons wcro clOHetl. sixty-one clubs wero
raided today and S23 men were arrested.
When arraigned In court most of tho pris
oners were discharged, their roleaao bolnp
greeted with cheering from hundreds of
spectators. The raids wero ordered by
NEXT MOVE MAfiE
EN $29,000000 CASE
United States Attorney-General
Files Petition in Highest
Court of Land.
ASKS FOR WRIT TO THE
CIRCUIT COURT OF APPEALS
Insists That in Interest of the
. Nation Entire Case Should
WASHINGTON, Nov. 23. Altornoy
Goneral Bonaparte filed today a peti
tion for a writ of certiorari in the
Supremo Court of the United States,
urging that court to issue a writ of
certiorari to tho Circuit Court of Ap
peals for the Seventh circuit to review
(he judgment of that court reversing
tho rulings of Judge Landis in tho
caso in which tho Standard Oil com
pany was fined $29,000,000 on charge
of violating tho anti trust law. The
attornc3'-gcncral takes the position that l
tho Court of Appeals was without
jurisdiction when it reversed Judge (
Landis 's decision.
The wording of tho government's pe
tition indicates that tho Department
of Justico is full' aware of tho court's
practico of denying 90 per cent of such
petitions. The court grants theso pe
titions only when constitutional ques
tions arc involved, and tho attorney
general makes a strong effort to havo
it appear that the present case falls
within this group. Much of tho body
of tho pctitiou is devoted to arguing
reasons why tho court should review
Importanco of Case.
""Whether," says tho petition, "the
government is or is not right in its
contentions, wc respectfully and earn
estly urgo that tho court should is
sue tho writ. Tho caso is of tho
first consequence. Tho principles to'
bo decided control the entire moaning
and purpose of tho law and upon and
under policy of .Congress. If, for
example, it is necessary that the
government should prove actual knowl
edge by tho shipper of the unlawful
rate, tho law will bo altogether de
prived of effect against tho very ship
pers who violate it. In tho view
of tho govcrnmout it is extremely im
portant that tho law should bo de
termined and expounded now, at this
stage of this present caso oy this
The attornej-'genernl also takes tho
position that tho Supremo court is
vested by law with authority to order
any case of which a Circuit Court of
Appeals has final jurisdiction, to be
brought up by certiorari and to de
termine it in thd same manner as if it
had been takon up ou appeal of writ
of certiorari by tho defendant. "It
cannot." ho says, "bo true that the
authority of this court to exercise
jurisdiction in the interest of the whole
people in such caso may be cut off by
a convicted defendant's choice of the
Another Point Raised.
Mr. Bonaparte takes cognizance of
the fact that tho Court of Appeals
failed to consider many of tho gov
ernment's assignments of error, and it
is understood that this failure meant
that Judge Laudis had not committed
other orrors, and that therefore the
Appellate court decision was an affirma
tion by it of the other portion of the
decision. Tt is pointed out, however,
that the Standard Oil compaii3' takes
the opposito view, lie adds:
"Tho trial of this ease consumed
many weeks aud cost both tho govern
ment and defendant very largo sums
of inoney. Several of the questions on
which tho court of appeals thus refused
to pass iiro absolutely vital, and tho
prosecution must certainly fail if tho
contention of tho defendant can bo sus
tained as to any ono of them. Tho re
ply informs us that thoy will bo again
raised at a second trial, and if tho court
of appeals dcclinod thero to decido tlioni
or to say what its silonco meaus a
stronger case could hardly bo presented
for the beneficent intervention of this
court by cortiorari."
Eight of Appeal.
Much attention "is also given to tho
original right of tho dofendant to ap
peal from Judgo Landis 's decision in
tho court of appoals. "Originally,"
says tho petition, "when tho defendant
was tri'cd and convicted that was tho
end of it. In giving him tho right of
appeal, tho law never intonded that tho
appellato tribunal should iuterfore with
the solo discretion of tho trial court iu
regard to tho character or puuishmcnt
imposed. To do so is to intorfcro with
tho discretion of tho lower court on tho
ono hand and with tho pardon power on
tho other hand."
On this point tho attornoy-gonora'l
"Tho trial court committed no error
by holding iho supplomontal inquir'.
Tho trial court was not proceeding
under tho statuto within the limits of
punishment fixed by tho statutes. If
so, thoro was no question of orror of
law to bo reviewed and the appellato
court had no legitimate function to per
form respecting tho sentence. In con
demning Judge Landis on this account,
tho appellato court exceeded the bounds
of its authority and usurped a judicial
power not belonging to it. Tho power
and discretion to imposo sentenco is a
personal power and discretion commit
ted to tho trial judgo and cannot bo
reviewed or revised b3" any other tri
bunal." Other Oases Involved.
Another reason why tho court should
pass upon tho caso is set forth in tho
fact that other cases charging tho same
defendant with similar violations of the
law in various parts of tho country aro
iuvolved. It mentions tho caso of tho
Santa Po Uailway company, convicted
in tho southern district of California
of violations of this statuto and sen
tenced to pay a fine of 330,000, which
caso is now pending in tho circuit court
of appeals for tho niuth circuit, and
raises tho questions of what constitutes
a scparato offonao and tho proper
amount of a fine.
"There arc," saj's tho petition,
"other such cases pending in different
federal courts and awaiting tho final
and conclusivo determination of the law
by this court."
In conclusion, tho attorney-general
calls attention to tho fact that ho ap
pears mereb' us the representative of
A Square Deal
Ts assured you when you buy Dr Plftrc'
family mealr.incs for all the ingredi
ents entering Into them arc printed oo
tho bottlo-wrappers and their lot inula a
are attested under oath as bclnp complete
and correct. You know just what y on are
paying for and that tho ingredients are
gathered from Nature's laboiatory being
selected from tho most valuable native
medicinal roots found crowing In our
American forests and while potent to euro
are perfectly harmless even to the most
delicato womon and children. Not a drop
of alcohol enters Into their composition.
A much better agent Is used both for ex
tracting and preserving tho medlclna'l
principles used In them, viz.- puro triple
retined glycerine. This atjent possesfa
Intrinsic medicinal proportion of us own,
being a most valuable unilsnpilr and anil
ferment, nutritive and southing demul
cent. Glvccrlno plays an Important part in
Dr. Pierce's Golden Medical Discovery In
tho cure of Indigestion, dyspp)a and
weak stomach, attended by suiir rising,
heart-burn, foul breath, coaled tungut.
poor appetite, gnawing feellnR In stom
ach, biliousness and Kindred df.rango
monts of the stomach, liver and bowi-.ls.
Besides curing all tho abovo diminishing
ullmenta. the"Goldcn .Medical Discovery"
Is a specific for all dbea of thu mucous
membranes, as catarrh, whmher o( the
nasal passages or of tho stomach, bowete
or pelvic organs. Eve.n In Its ulcerative
stages it will yield to this sovereign rem
edy If its use bo persevered In. In Chronic
Catarrh of tho Nasal pasaB'.,, it is well,
while taking tho "Ooldon Medical Dis
covery" for the necessary coi.tluitlonaJ
treatment, to clcanso tho pasaRi-.- freely
two or three times a day with Dr Sato's
Catarrh Remedy. This thorough coursn
of treatment genorally cures tho worst
In couchs and hoarseness c.msorl hv bron
chial, throat and lunK affections, eircnt con
nimDtion In Its advanced states, tho "Golden
Medical Discovery Is a most efficient rem
edy, especially In thoso obstinate, hanc on
couehs caused by Irritation nnd couco.stlon of
tho bronchial mucous membranes The " Uls
coTcry " 1 not so cood for acuto coucbs arW
Inir from sudden colds, nor must It be ex
pected to euro consumption In Us advanced
itat'cs no medicine will do that but for all
tho obstinate, chronic conchs. which, If nce
lectfitl or b.tdly treated, lead up to consurnp-
Hr... it la iVi Kct tntwllflna lit. rn ho ultnn
tho whole people, nnd ho says that his
only purpose is to suggest to tho court
that tho case is of such a naturo that
in tho interest of the ontiro country
it should bo reviewed and authoritative
ly determined by tho highest court of
tho nation. Tt is understood that tho
petition will bo formally presented to
tho court when it reconvenes, but it
probably will not bo acted upon for
some time thereafter.
If the petition is granted the entiro
caso will bo rovicwed by the supremo
court, if it is denied the decison of
tho court of appeals will stand.
City and Neighborhood
LODGE 73, DANISH CROTHKRIIOOD.
will 'lvo a masquerade ball Wcdnesday
evenlng in Odd Fellows' hall.
A. S. FOWL.I3H, secretary to Mayor
John S. Bmnsford. lias koiiu to Piocho,
Nov., to Inspect his holdings In the Golden
Prlnco mine thero.
NICK LARES and John Is'nchomones,
two Austrians, wero brought from Gar
Held to the county jail in this city Mon
day evening by Deputy Sheriff Price,
charged with fighting.
JUDGES of the recent election and the
registrars will bo paid off at the county
auditor's office Wednesday. The election
cost tho county for Judges, registrars and
other officers, including rent bills, about
NICK GEVARIS and Stevo Romans aro
each charged with assaulting the other
with a deadly weapon, to-wlt a Icnlfc, in
a complaint issued by tho county attorney
Monday. Tho alleged assault occurred No
vember 21. J. S. Barlow is the com
plainant. A MEETING of the Sons and Daugh
ters of Wales society Is called for Friday
evening, November 27, ut S o'clock, at
Godbc's hall, Main and First 'South street.
A first class musical programme will be
rendered and a general sociable good time
THE CHURCHES of the cast side will
hold a union Thanksgiving service at
tho Third Presbyterian church, Eleventh I
South and Eleventh East, on Thursday
morning, at 11 o'clock, itev. i A. Slmp
kln will preach tho sermon. A cordial In
vitation Is extended to all.
GOVERNOR JOHN C. CUTLER has
boon Invited to membership In tho Pence
nnd Arbitration society of the United
States. "Vhllo this society favors Interna
tional peace, it advocates adequate arma
ment on the part of this country. Tho
ideas of tho society meet with the gov
HENRY LANGMORE. an aged resident
of Wllford ward, in Mill Creek, died Mon
day at his home, nged 01 years. Ir.
Langmore was a native of England and
camo to Utah when but a small boy.
whore ho has Jived since. The funeral
will take place Tuesday at U o'clock
from the Wllford meeting house.
THE STREET DEPARTMENT todav
will close up tho conduit at North Tem
ple and State streets, In which a boy
named Brown lost his Hfo by drowning
while playing "jail" six or seven years
ago. Iron bars will bo placed over tho
conduit today. Tho screen that guarded
tho entrance to tho conduit u-as torn
down by small boys sonw Urn ago.
DAVID F. KEITH, son of David Keith,
president of Tho Trlbuno Publishing com
pany, who has been at the Holy Cross
hospital for four weeks, suffering from an
attack of appendicitis, for which ho wnn
operated upon four wec.ts ago. Is now
convalescent and his surgeon pronounces
him out of danger. This will ho good
nows to tho friends of tho young num.
of which ho hns a largo number, as It
Is also to Mr. and Mrs. Keith.
"Union" Thanksgiving services among
tho various evangelical churches of the
city will be held Thursday as Collows:
Tho First Methodist. First Congrega
tional, First Presbyterian. Baptist and
Contral Christian churches will meet in
tho First Methodist church at 11 a. m.,
Row Albert Buxton of the Christian
church preaching tho sermon; tho 111 ff
MeUiodlst, Phillips Congregational and
Third Presbyterian will meet In tho Third
Presbyterian church. Rov. P. A. Slmpkln
of tho Phillips church preaching the ser
mon; tho Liberty Park Methodist church
will hold acrvlco by Itself, as will ulso
tho two Episcopal churches. St. Mark's
service beginning at 10 o'clock, Instead
of at 11, as this hour Is found moro con
venient. Tho Episcopal churches will
hold holy communion at 8 a. in.
PRESIDENT OF CORNELL TO
RE TENDERED BANQUET
Arrangcmnts aro being mado for the
entertainment at a banquet of J. G.
Schurman, president of Cornell unlvor
slty. upon his visit to this city to at
tend the annual mooting of tho Utah
State Teachors' association on Decem
ber 21, 22 and 23. by tho alumni of tho
university living in Utah. Tho night for
tho banquet has not been sot as yet.
A committee, composed of W. M. Mc
Crca. E. A. Rogers and Ray Van Cott,
has chnrgo of tho affair, and It will taku
plnco at tho University clubhouse. Forty
members of tho Cornell nlumnl have al
ready notified tho commlttco that thoy
will bo proscnt.
TO CURE A COLD IN ONE DAY
Take LAXATIVE BROMO Quinine
Tablets. Druggists refund money if it
fails to euro. E. W. GROVE'S signa
ture is on each box. 25c,
B? SUPREME COURT
Duty of Rail road Company in
Open Country Is Thorough
ly Gone Info.
DOESN'T HAVE TO KEEP
VERY CLOSE LOOKOUT
Neither Does Company Have lo
Anticipate the Presence
4-' 1 .... VI . 1 .
.;. A railway company In country
districts, oxecpt-ut crossings, owes
no uctlvo duty to Icevp a lookout y
'- for trespassers who may Intrude
upon Its track, and it need not an
tlclpatc their presence there -r
Iu a swooping opinion handed down
Monday, a paragraph of which Is in
corporated at tho head of this column,
the supremo court reversed tho Judgment
In favor of the plaintiff, of Judgo Thomas
D. Lewis of tho third district court. In
tho caso of S. J. Palmer against tho
Orogon Short Lino Hallway company,
and roinnndcd the uso to tho lower court
for a now trial. Tho opinion was written
by Justice Frlck and concurred in by
Chief Justico McCarty, Justice Slraup,
Tho action was brought to recover
$15,000 damages caused by the alleged
negligence of tho railway company. On
the afternoon of August IS, WO I. Palm- .
er's two-voar-old son wandered onto thu
railway track;; near Topar, Bannock
county. Idaho. Just across the Utah lino.
fell asleep, anil was run down by a pas-
senger train and killed.
I Tho doctrine of the famous "turntable
cases does not apply. It Is held by the su
preme court, for I lie reason that the
accident occurred In a country district,
sparsely settled. Tho evidence showed
that the lad was killed several hundred
feet from il crossing, formerly fenced,
but mado open about November, 1903, at
the request of the few Inhabitants of the
neighborhood. Tho train was a few
minutes late and fxr that reason was
probably traveling at a higher rato of
speed than usual. The cnglm-er signaled
for tho crossing somo dlstanou west of
It, and when about 200 yards away ob
served an object on tho track Inside the
north rail. It looked llku a bundle of
weeds or old clothes and the engineer did
not slacken speed. When within sixty
feet of the object tho engineer discov
ered that the object was a boy. He shut
oit the steam, put on his brakes, and re
versed his englno. but (he momentum
of tho train carried It 300 foot beyond
the place where the child was struck.
Tests Aro Made.
Track was straight at tho point where
tho accident occurred and the day was
clear. The child was dressed In drab
colorcd clothes. After-tests showed that
a 2-ycar-old child was discernible upon
the track S00 feet away. and could be roc
ognlzcd as such 500 feet away, and these
facts wore submitted In evidence. The
trial court overruled a motion for non
suit and, refused to direct a verdict In
favor of the railway company. A verdict
for Palmer was rendered and the railway
After holding that the doctrine of tho
"turntable" cases does not apply In this
case, for tho reason that railway tracks
In an open country neither attract nor
allure, and moreover that trains must be
operated at considerable speed lo meet
the public demands. In thickly-populated
districts railway companies must exer
cise care, but In the open ountry It may
assume that, after warning, an adult will
leavo the place of danger. A child may
not realize danger, but it Is a general rule,
recognized by all courts where no stat
utes provide to the contrary, that outsldo
of the cities and towns railway compa
nies may act upon the assumption that
tho track Is clear and open and that tres
passers will not put themselves In the
way of trains. Tho railway need not
anticipate that anyone will commit tres
pass, and the mere fact that lliero aro
occasional trespassers does not change
the rule. It may be that where a long
and continued use Is claimed by one side
and denied by the other that the court
may submit the question of caro to tho
jury, but where thu question Is only one
of determining, under all the facts, wheth
er a legal duty- Is created It Is solely a
problem of law.
Court Again Erred.
The lower 'court erred. It Is believed,
In giving the Instruction to the jury that
the railway company owed a duty to exer
cise care and diligence to prevent iho
Injury to the child of tender years, a!-'
though It was a trespasser, and should
have granted tho non-suit asked for by
the railway company. In view of tho evi
dence, or havo given Its request for u
verdict In Its favor. In the opinion of
tho higher court there Is nothing to lake,
the case out of tho rule of the trespasser.
No duty devolved upon tho railway com
pany to use even ordinary care In look
ing out for the child. The error of Pal
mer's contention appears to have ben
the assumption Hint the railway company
ought to hove known what it might liavo
known, that the object was a child, and
therefore in contemplation of (he law did
seo. Tho after tesls are considered of lit
tle Importance, for the reason that .-key
wcro made under different conditions.
Justice Strnup concur. in tho reversal
of the judgment, because of error In tho
charge to tho jury, but dissents from tho
conclusion reached that tho trial court
erred In refusing to grant non-suit and
direct st verdict In favor of the railway
company. Tho question of the engineer's
care and watchfulness was a matter for
tho jury and not one of law. Justice
NOTE OF WARNING
BY LORD ROBERTS
Continued From Page One.
stood in Germanj'. The main tempta
tion to iuvasion of Great Britain wns
the want of a. homo army, which ought,
to consist of a million men. Across tho
narrow sea were sixty million Germans,
who, by perseverance, iudustry, sound
education and military training, had
mado themselves a great nation. Thoy
required outlets for their commerce
II. was Great Britain V desire, con
tinued Lord Knberts, to find out what
way tho great increase of Germany's
sea power was likely lo affect hur, and
to adopt measures necessary for her
defense. Tho navy, under present con
ditions, was fettered in home waters
and without military forco suflicicnt to
render any invasion honelesp.
Lord Roberts '& tpeceh caused a sen
sation iu the House.
Tho Earl of Crowe remarked on the .
soriousne&s of such statements in the
E resent high strung condition of
uropenn nerves, saving ho feared thev
might be regretted. Lord Roberts's
resolution to the effect that defense of 1
tho islands necessitated immediato
attention of the government to make
tho array so strong and ofiiciont that
the most formidablo nation will hosi
tato beforo making an attempt at land
ing, was adopted by a vote of 71 lo i5".
MORMON GONVEhTS Ifi
BOSTON ABE DRAINED
Woman Who Left Husband and
Another Who Believes in
Special to The Tribune.
BOSTON, Nov. 23. Tho stoamship
Republic arrived in port several hours
before schedule time and brought with
it a party of 103 MnrmotiP. Thoso in
cluded thirty-three elders, who for the
past few years havo been doing mis
sionary work abroad. Tho seventy
others wero converts from all parts of
Tho immigration inspectors discov
ered during the crops-questioning of tho
party that Mrs. Alvia P. Siebcrt. an
attractive German woman, who was
down ou tho passenger list ns a single
woman, was married.
This aroused suspicion, and inquiring
deeper tho woman admitted having left
behind her a husband in Berlin.
Mrs. Siebcrt is about 2S years old.
slightly built, of medium complexion,
and has a wealth of brown hair. She
was detained. With her are Mrs. Lena
Spong and Miss Margaret Spong, it VI-yoar-old
girl, two other Mormon con
verts who came from Holland and are
bound for Utah.
Mrs. Spong is snid to have admitted
to the immigration officials that she
bolieved in polygamy, while tho young
girl claims to be her daughter. Both
Mrs. Spong 'h caso also interests tho
officials. She is a woman about 30
venrs old. and quite nretly.
Tho rest of iho Mormon immigrants
and most of the elders left for Utah,
but Elder E. L. Roberts romained to
look after tho interests of the detained
Counsel hns been obtained for them
and an effort will bo mado to havo
Prior to tho departure of the Mormon
partv the custom house officials sprung
a second -surprise. In going through
the effects of Elder ,T. M. Thomas of
Salt Lake City-, who has been doing
missionary work in Europo, tho offi
cials found what thoy believe lo be a
violin worth nearly ns much as a Stradi
varius. Tho instrument was in an old
wooden case, nnd was listed at a nomi
nal value. Tho inscription on it is
"Joseph Guarnerius-Fecit, 1719." At
tho right of the inscription was a cross,
beneath which wcro the letters " L
in Hotel Corridors
According to II. Ij. Ilerrlngton of Og
den, who Is stopping at the Cullen hotel,
the business of the Utah Canning com
pnny has grown to such an extent that It
lias been deemed advisable to open a ware
house in this city. Mr. Ilerrlngton ar
rived here .Monday for the purpose of find
ing a suitable place for this warehouse,
and as soon as possible one will be opened
here. lie says that a considerable quan
tity of tho home products of his company
is consumed in Salt Lake City, and for
this reason It has become necessary to
have a warehouse where goods can bo
stored subject to immediato order. Mr.
Ilerrlngton has already looked over sev
eral buildings and sites, but ns yet has
not definitely decided upon the exact lo
cation. President W. D. Mnhon of the street
car men's union was a city visitor Mon
day. Ho arrived here, accompanied ny
his wife, from Denver, where he attended
the annual meeting of the American Fed
eration of Labor. ITe was much elated
over the re-election of President Compcrs,
but had little to say on the action of Mr.
Keefe In refusing re-election to the board
of directors beyond the fact that he acted
wholly within his rights.
A. E. McKenzle of Denvor. one of the
best-known politicians In Colorado, passed
tho night at the Kenyon. Mr. McKenzle
Is engaged In the sale of mnplo sugar,
and places some exceptionally large or
ders, when not actively engaged In poli
tics, lie is known us a most gifted ora
tor, being an able platform speaker, and
hns been a member of the Colorado legis
lature, serving with marked distinction.
James A. Pcarcc. a prominent New
York mining man, was at the Knutsford
Mrs. J. II. Clark of Los Angeles is at
tho Knutsford. She Is a relatlvo of Sena
tor Clark of Montana, and is accompa
nied by her maid.
GRAND BALL IS TO
RE GIVEN TONIGHT
All arrangements have been perfected
for the grand ball, which will be held this
evening at Odeon hull, under the auspices
of the local Brotherhood of Locomotive
Engineers and the ladles auxiliary to
that organization, and lhe affair gives
promise of being a big success. The com
mittees In charge hao made preparations
for the entertainment of several hundred
guests. Employees of the Oregon Short
Line. Denver ?-. Hlo Crande. the Salt
Lake. Los Angeles & Son Pedro, and the
Salt Lake & Ogden Hues will participate
In the event. The committees in charge
of the affair follow;
Committee on arrangements Mrs. M.
T. Kerns. Mrs. G. I. .Norton, Mrs. T.
J Unit. Mrs. Charier. Husbands, Mrs.
YV. . Gane, C. K. Shermer, C. A. Mc
Lean. M. T Kerns. A. I la tell, O. Connors,
Reception committee Wasatch lodge
Xo. L'22, Mount Nebo lodgn Xo. 713,
Ladles' C. T. A. to R of L. E.
Floor committee J. A. Yeatos. (J. I.
Norton. George Brown. George Welde
mnn. Plum Haslett. J. T. IJeless, J. G.
Seton, Fred Cowan. C. Stanrod.
TITLE TO PROPERTY
INVOLVED IN SUIT
To quiet title to the following pieces
of property In and adjoining Salt Luke
City, the Salt Lako Investment company
Monduy brought suit against D.
O'Brien and fifteen or twentv others in
the third district court: Lota 15, :tf. 3G
and 37, block 1, Luko Breeze addition,
lots J7. 8 and ZD. and the nouth half
of lot -, block 2. Wilkes" subdivision of
block 95. plat C: lots 1'-' and 1.1, block L
Southlawn addition: lots 11 nnd 12, block
P. Superior addition; lots 23. 24. 20 and 27.
block 1, first addition to Highland Park
addition: lots 22, 2.1 nnd 21. block 8. Mus-
catlno place; an undivided one-fourth In
terest In all of the southwest quarter of '
tho northwest quarter, and the northwest
quarter of tho southwest quarter of sec
tion 10, township 1 south, range 1 west,
'Salt Lake meridian.
Action Is Dismissed.
In Judge Lewis's division of the third
district court Monday the case of Ge
neva Knowlton against tho Wlllec
Horno Drug company for S&000 damages,
for a mistake In filling n proscription,
was dismissed upon the plaintiff's mo
tion and at her cost. The plaintiff al
leged that on June 1, 1P00, she was mado
ill by a prescription wrongly tilled by the
Charge Is EntbezzlunicnLlar
ferrert liy ilie Salt Laltl.Si
Hardware Company, pi
The receipt of a teleCram by tjktf
Lako Hardware companv from thjir
of detectives in Chicago, announcTr
arrest of William Beadle, ,, gfr
B. Salter, for embezzlement, mnf'
end of a story of ai!e.a crinfflfe
nutted moro than a year a2o
termination ot a senr.Mi f0- tljnP
covering a period of nearly
Bcadlo ennin to jh Ul:o f?i:
September. 100G. aul applied
Snlt Lake Hardware company
the name of Gcorgo B. Snlter for 5
lion, lie carried with him letf'
recommendation from secral h-iifok
coucorns in Chicago, and as ho dirt .
considerablo knowledce of tho hP
he wns given a posit iou ns traf&
For nearly a year Beadle appllSg
spU o business, and was rceardfS&P
excel lent sale-man. Most of hi T
, was doue in Idaho, and he becamis-
! known there as n representative?
company. In August. 11)07, it ii
it was discovered that Bcndle wastt
ing goods from the company snnnCY
upon the order of his cuptomertA
that he was in renlity addmrrifcT
real orders and selling the diffTuS,
fpr himself and pocketing the.ii
Ho is alleged to have embezzled!5
way between $170U and $2500 saPii
it from the Salt Lake Hardware
puny, but a portiou from thoftSj
Beadle iinmediatelv disappcarSn1
has never been heard from sinc,,
the telegram was received Mondi
nouncing the arrest Friday
charge of embezzlement. As mEv
the alleged crimes were committer
Fremont count v. Bcndle will beaTr
to St. Anthony, the county ahms
Salt Lake m
Security and Traf
What It Can Do for Youk''
No. 11. f;
It has provided iu its hnip
sonic banking rooms evK
modern equipment td faci.
tate the transaction of banN
ing or trust business.
Interest paid on deposiP
3 per cent on checking
counts, -1 per cent on saving-
6 per cent on secured corti
cates of deposit. Il
No. 34 Up. Main StrMlIff
Daniels' Daily Talk N(
. Any priced overcoat win
make, at J j '
I get $-10 nnd $50 for sooft
them. Come in and pick ou:
materia 1st Nothing finer, j
and fit. Uncalled for suits; ;
coats, trousers at a little
during my sale. They eg i
Daniels, The Ta
57 W. SECOND SOUTH Ell
I UN DOflCI i.
Are now permanently located) j
their now and nsndsciH
equipped rooms j
212 MAIN STREC:
Eemember us. Wo treat 7
right. 5 k
PainloKi extraction of teettjj P
' no pay. J
Firm east ho
Salt L.irto C.iy. lour uwlM
buslnees center. ProDrlctoL.
First-class, liroproof famll
hotel. jc, no: Amll'.
RATES European, 75c up,
12.00 up. Rates OJ .S