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The Marion daily mirror. (Marion, Ohio) 1892-1912, July 27, 1907, SECTION ONE, Image 1

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ArAllION. OniO; &ATUHDAY EVENING. JULY 27. 1907.
VOLTJAtOS XV. NO. 298.
PRICE TWO CBNT8
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JUDGE FINISHES CHARGE AND
JURY RETIRES AT 12 O'CLOCK
Instructions Given by Judge Wood to Jurors in
Haywood Case Sti at Naught all of the At
torneys' Oratorical Efforts and Fervent
Pleas-Charge Covers Every Point.
BULLETIN.
BoIbo, Idaho. July 27. Tho jury
retired at 12 o'clock 10 consider tins
verdict In tho Haywood case.
iBolso, Iduho, July 27. Frantic or
atorical efforts of attorneys Tor both
Btate and defenso In tho Haywood mur
der trial wcio scl at inught today,
by Judge Fremon Wood. Tho court,
In its chargo before tho Jury retired to
consider tho fato of tho inino lcador,
made It clear that Haywood was not
on trial because ho was an officer of
"Western Federation of Miners, nor
because of trouble In that state, but
for tho murder of Frank Stcuncn
berg. On tho surf.ico tho Instructions scorn
to favor tho defense but tho real
fact is that they favor Iho Idaho law.
Summing up tho 15,000 words, It
can bo stated that Judge Wood Insisted
that the Jury must convict, If at all,
after every reasonable doubt has been
THREE PEOPLE
WRECK OF
Train, Like the Ono in Pere Marquette Disaster Was
Carrying Party of Railroaders and Families Many
. ' r Are Injured.
Butler, Pa., July 27. A wreck oc
curifet at' Isle Station on the now
Quoens Junction and Now Cnstlo ex
tension of tho Allegheny & Western
' rallrond this morning. Ralls broko
under an onglno drawing a long train
c passenger coaches filled with em
ployes of tho Buffalo, Rochester and
Pittsburg Tallroad, on their wny from
Dubois to New Castlo, to picnic at
Cascade park.
Tho cnglno plowed Into n ditch,
PRESIDENT
COMMENDS
Roosevelt Congratulates
Crew Of Battleship Georgia
On Bravery
O.viiler .Bay, July 27 President
Roosevelt tQday mado public an ex
tract f.rom a letter written to him
by Admiral Brownson which com
mends in highest terms tho bravoiy
of the battkBMp Georgia's eiew im
mediately after tho tragedy in tho
4umt.
Brownson tolls' Wit prcsidont how,
immediately alter the accident the
Georgia ciow went back to woik the
next day made a, lemnrkablo firing
record. Tho presidents roply vvnrf,
"My dear Admiral :Many thanks
fw your letter. I would like
through you to congratulate Admir
al Thomas and especially tho offi
cers and crow of, tho Georgia upon
tho way m which without moment's
rtVlny the Map went hack to hor
work. Tho whole- navy i tc bo con
gratulated on tho spiiit shown by
the officers und enlisted men on
'board tho Goorein.
TilEODOR E ROOSEVELT.
SIX PEOPLE DIE OF STINGS
FROM BLACK CANADIAN FLIES
Kaat Aprora, N(, Y., July 27. A
startling talo of fatalities is told hero
.by John Griffin, who has Just re
turned from tho Algonquin Park
locality of Canada." Griffin went to
the woods on n hunting and flBhlng
trip about a week ago. Ho oxpectetl
to bo gone povernl weeks, but tho
fact that six deaths resulted from
i removed, and ho very minutely an
alyzed what rcusonnblo doubt Is.
Tho court said: "Tho court In
structs tho Jury In criminal cases,
oven whero ovldcnco Is so strong that
It demonstrates a probability of guilt.
Still, It It falls to establish beyond a
rcasonablo doubt tho guilt In manner'
and form charged In tho Indictment,
then tho Jury must acquit tho de
fendant. ilf It Is possible for you to reconcile
tho facts In this caso upon any rea
sonable theory consistent with lnno
cenco of Haywood, It Is your duty to
find tho defendant not guilty. But If,
as tho prosecution mnlntalns, ft Is
found that a conspiracy was formed
and that in Its oxccutlon sonio one
of tho parties killed Frank Stouncn
berg, tho bunion of proof lies upon
prosecution. Thcreforo If tho prosc-
. cut Inn failed to cstnbllsh every ono
oi uieso incis, you suouiu acquit.
"As to Orchard's evidence," Judgo
Wood said, "Tho Jury Is Instructed
that In regard to Orchard's claim that
KILLED IN
PICNIC TRAIN
turned over und tho baggage car and
ono passenger coach piled upon it.
Throe peoplo worn killed outright
and a score woro injured.
The dead are: Fireman O. M.
Rates, Greenville; Charles Ncal, paba
nnger, Dubois; Ralph Dawson, train
master, Dubois. The severely Injured,
aro: Henry Harkins, Dubois; Albert
Slater, engineer; J. Smith, Dubois,
passenger. A "large number woro
less fcoriously injured
blood poisoning, following stings of
black flics, drovo him homo.
Griffin has hunted In tho region of
Algonquin Park for many years and
ho pronounces tho pests tho most nu
merous and deadly ho has' ever scon.
ARREST IS
STARTLING
States' Rights Fight Leads
to Arrest of Railroad
President
Ashovlllo, N. C July 27. -President
Flnloy, of tho Southorn railway, was
arrested hero today upon a warrant
Issued by tho stato authorities, and lio
was Immediately rolenscd on a writ
of habeas corpus by Judgo Prltch-
ard. Thla Is tho most startling de
velopment so far In tho railroad war
botwon Govornor Glenn and tho stato
authorities on ono sldo nnd tho rail
roads and Federal Judgo Prltchard on
tho othor. Tho trouble arises ovor a
refusal of tho railroads to comply with
stato rato law and their appeal in
federal court.
PRESIDENT ROOSEVELT IS
INVITED TO CEDAR POINT
Sandusky, O., July 27. Gcorco A.
Boo,ckllng, president of tho Cedar
Point Co., operating tho resort whoro
tho Spanlsh-Aiffurlcnn war Veterans
aro to hold their national encamp
ment, Sopt, 9 , 10, and 11, today not
ified President Roosovolt that Boeck
llng's auminor home, Tho Hermltaso,
would bo at tho disposal of President
Roosevelt and family.
As the president Is a member of
the Spanish War Veterans, no special
lnvltntlon other thnn this will ba
sent him.
ho had an accomplice, under the stat
utes a person cannot bo convicted
of a crlmo upon tho testimony of an
nccompllco unless such accomplice Is
corroborated by other evidence, which
of Itself tends to connect the defend
ant with tho offenso charged. Tho
law views with distrust testimony of
an accomplice on account of a motive
ho may havo for laying the respon
sibility of his crime on another. For
this reason, law exacts such corrobor
ation. "If tho Jury believes that Orchard
was treated differently than ho would
havo been treated had ho not mado
a confession, this should bo taken
Into consideration by the Jury. 'When
proof of a conspiracy Is circumstantial
tho defendant's connection must bo
established by evidence of his own
nets and declarations, not those of
thors. Baro suspicion falls sjiort of
such corroborations. In order, how
ever, to Justify lnfcrenco of legal
Kuia, uuiii cinauiiHuuiiiiii evidence,
tho oxlstenco .if Inculpatory facts
must bo absolutely Incompatible with
the- lnnocenco of accused upon any
rational theory and Incapable of ex
plaining upon any reasonable hypoth
esis other than question of guilt."
Judge Wood concluded as follows:
"You arc Instructed that under tho
Indictment thb defendant may, If ov
Idonco' warrants, bo convicted of
murder In the first degrco, murder In
second degree, manslaughter, or you
may find him not guilty."
MEN DRAWN
GO FISHING
No One Wants To Serve On
Jury In Magill Murder
Cask
MEN .DftWN otaoiFOTliA laoiutnoa
Clinton 111., July 27-In view of
tho uutiAtial circumstances ur
ronudlug the case and uucuu.se scv
cval 111011111" miiht chipso before they
can be called to trial SUitiw's At
torney Jliller w disponed to grunt
bail to Fred Magill and Fay
Uinhnm Magill and they will prob
ably bo released under heavy bai'
ul'tor th.eiY arrival tonight.
Difficulty is cApoduncod in se
eming ii jury panel. Men by scores
have sudden.- biffed on fishing
trips or vacation trips to avoid ser
vice. .N't
mx (Jz"s$ mdJr I
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SENATOR
IS DYING
Pettus'Of Alabama Said To
Be In A Hopeless
Condition
v
i
Hot" Springs, N. C, July 27. Unit
ed States Senator 1'cttus, of Alabama,
Is dying. Ho fell unconscious at tho
breakfast tabic, yesterday, and has
not revived. Physicians pmiiounco
tho caso hopeless and say tho end
may como at any moment. Senator
Morgan, also of Alabama, died but
two months ago
MAN DISGUISED AS BILL
POSTER PURLOINS $3,500
Chicago, July 27 Tho private loan
bank of Ixonnrd Malone, at 1G9 "West
Taylor street, was robbed this afler
nnmi nf 12000 In cold and 11500 In
(negotiable checks by a thief who
mauo ins escape.
The man approached Mrs. Malone,
whn whs In front of the bulldlnc. and
asked permission tn place some post
ers In tho windows She agreed, b.it
when tbo man was in tne oirico lor
several minutes she became suspi
cions and went after him. She was
Just In time to' see him lcavo through
tno back uoor, itie checks tauen
wnrn from rn.llrn.iil nmnlnvcs and
i" - - & ' -
wore nil Indorsed and can be negotiat
ed wiinoui irouuiu
NEW YORK COPS ARE TAUGHT
A FEW LESSONS IN CIVILITY
Now York, Jul) 27. General Ding
ham, who, "luce his appointment as
pollco commissioner of Greater New
York, has Instituted many reforms,
gavo tho police force today Instruc
tions In civility. He said:
"The in I mi tc s, -itlzen addresses a
member of a, pollco department, ho
should stand attention. If It is a
woman, touch your hat.
"Answer an questions irriciiy, using
no unnecessary words.
"Thcro have boon too many com
plaints about Incivility among police
men." V.
BILL TAFT WILL 1JAV0R
COLUMBUS'-WITH SPEECH
Columbus, O., July 7. Secretary of
War Taft will niako a speech In this
city on his way west en route to
tho Philippines It. will probably bo
delivered during J'HomO Coining"
week, whllo the stato fair Is in pro
gress nnd then thorevlll be tnousauds
of visitors In tho city.
Tho formal Invitation will be ex
tended to him by thofBuckoyo' Repub
lican club, whn h will, meet tomorrow
night, nnd It is umlorstood that tho
Invitation will bo accepted.
There Is, talk thacjftho Forakor men
In tho club may oppose extending an
lnvltntlon. & '
UNCLE NOT FRIGHTENED.
RADICAL CHANGES MADE IN
METHODIST CHURCH AFrAIRS
Cincinnati, 0., July 27. Radical
changes In the govesnment oi Dea
coness' work In tho Methodist Epis
copal church have been decided on by
tho deaconess commission, of which
Bishop John M. Walton of this city
Is chairman.
The commission will recommend to
the general conference at Its meet
ing in Baltimore next May that all
deaconess affairs be taken out of tho
hands of tho board of blshopi and
beB placed In the hands of a special
board of nineteen members, llvo of
whom are to be bishops selected by
tho board of bishops.
Thcro will be four lay members,
four pastors and six women on tho
now board, thico of thn latter to bo
deaconesses. All members except the
bishops' arc to, bo elected by the gen
eral conference.
WOMAN BETRAYER OF
RUNYAN INDICTED FRIDAY
Now York, July 27. The grand Jury
Friday indicted Laura Carter, tho
woman who sheltered and afterward
betrayed Chester B. Runyan, the
Windsor Trust company thief, for re
ceiving stolon goods. She will bo
nrralgncd for pleading on Monday be
fore Judge O'Sulllvan In part ono of
general sessions.
BANQUET FOR
CHIMPANZEE
New Yorks Society Wines
And Dines Bostock's
Trained Brute
iNowport, It. I., July 27. Counsel,
the wondoiful chimpanzee from Bos
tock's menagerie In Coney Island, ac
companied by his trainer, Max, was
the pet of society Friday through .Mr.
Bostock's friendship for Bllsha Dyr
er, Jr., who was guardian of tho
chimpanzee today.
Arrangements had been made for
tho visit nnd sir. Dyer and Oliver
Belmont decided to havo Counsel
biought to Belcourt, where he was
given a fine luncheon, consisting of
steak, bananas, tea, a little cham
pagno and clgnrets, which ho smoked
lllto a fiend.
Not having his own clgaret holder
ho was furnished ono by Sir. Belmont.
The clcvor manner In which Counsel
used tho flngerbowl und napkin was a
roveiatlon to tho guests hnstily bid
den to tho exhibition, which Included
Sir. and Sirs. Dyer. sirs. Stuyvesant
Fish, Sir. and Sirs. Harry Lchr, Sliss
Lola Roblbiison. Llspennrd Stewart.
James DoWolf Cutting and a num
ber of children, with whom the chim
panzee shook hands. Tho trip from
tho hotol to Belcourt 'of tho chim
panzee wns made In ono of Sir. Bel
mont's automobiles, which trip was
enjoyed greatly.
.
COLOSSAL VOTE
CAST YESTERDAY
More Than Forty-Two Thousand Votes Cast for
Closing Day o$ Struggle For 2,000 Extra
Votes and the Rivalry was Exception
ally Keen.
Candidates With Their Friends Were Actively in the Com
petition and all Seemed Determined to Roll up Largest
Vote Possible Candidates Who Fell Short of Success in
Competition for 2,000 Extra Votes Will Have Opportun
ity of Winning 1,500 Extra Votes to be Given Next Fri
day Evening.
ROLL OF HONOR.
District 3
Sirs. C. W. Slycra ... 31,833
District 1
Sirs. SI. Kcrstcttcr .. 20,971
District 2
Mrs. H. A. Blgford... 10,075
District -1
Sliss Rosette Knnpp.. 13.8IC
District 7
.Mrs. Sine Mitchell... 12,131
District C
Sirs. Walter Blblor... 5.1G3
District B
Sirs. IM Hess 3 2H
Spirited, Indeed, was yesterday's
closing day struggle for the 2.000 extra
votes given those candidates who led
heir respective districts after the
count was completed last evening.
All tho nctlvo candidates with their
numerous friends were energetically
In tho competition for tho extra votes
and all seemed determined to roll up
as largo a ote ns possible In tho
ho)e that they might win tho extra
votes.
With tho candidates and their cam
paign workers turning In the subscrip
tions they had secured and othor In
terested people making frequent vis
Its to tho ballot box to cast their
votes for their favorites, the office
of the Slarlon Sllrror yesterday pre
sented an appearance of great liveli
ness. Forty-two thousand, seven hundred
und ten voter weie deposited to the
credit of the different candidates dur
ing the day and these with the extra
votes and tho total vote previously
cast brings the present total up
to nearly 200,000 otes. This Is a
'very complimentary showing for tho
short time the contest has been In
operation and If n prediction for tho
uturo may bo based upon the devel
opments of tho past tho days re
maining of tho contest will bo more
full of interest than any of tho days
which havo gono before.
iMrs. C. AV. Slyers, In district thico,
received tho largest vote of the com
petition for tho 2,000 extra votes, win
ning tho 2,000 extra votes for her dis
trict, and taking tho lead In tho raco
for tho grand prize of the contest,
tho automobile. Sirs. J. Reldcnbnugh
who Is In tho muiio district with Sirs.
.Myers albo received a good voto
though not sufficient to win her the
extra votes.
iln district ono Sirs. Slarcellus Kcr
stcttcr won tho 2,000 extra votes with
a handsome margin. Tho 2,000 extra
votes for district two woro won by
Sirs. H. A. Itlgford; for district four
by i.Miss Rosette Knnpp: for district
hovon by Sirs. Slao Mitchell: foi
district six by Mrs. Walter Blbler.
and for district ilvo by Sirs. VA Hess.
SINGLE BALLOT SK
MARION MIRROR
For Miss or Hrs.
District
Address-
Ipis ballet to bo ccunled must be
caielully Irlrrrrrd arcurd border and
deposited in ballot box unfolded.
OHIO CHORUS GIRL MARRIES
A PHYSICIAN OF NEW JERSEY
Now York. July 27. Udlth iSloyer,
of Findlay, O., ono ot Joe Weber'
company, man led Br ,T. S. sicCn'oo,
of Nowark, N. J., Friday afternoon.
Tho wltuesses vveio tho brldo's two
All the candidates arc to bo compli
mented unon tho excellent sliowlnu
they have mado and compliment! are
not only In older for tno winners or.
the 2,000 extra votes but for the los
ers as well. The wlnneis of tho spe
cial credits will now bo comncllcd to
strain every effort tf maintain their
oven cliances while tho friends of
those who were vanquished lu tho
extra vote strunclo which nlosnd limt
evening will now be moro active than
ever In their efforts to mako their
favorites the ultimate wlnneis.
TIioko who fell short of n sufficient
number of votes to make them the
winners of the special credits wore
probably unable to see as many of
their friends as the moro fortunate
candidates did. It means in conse
quence that they have that much
moro or a field before them nnd that
when they do get around and soo
their friends the-e may bo some In
teresting changes effected In tho lists.
Losers In the strucclo for the 2.000
extra votes will now have an oppor
tunity or winning tho 1.C0O extra
votes given thi candidates In each of
tho districts who havo the greatest
number of honor ccrtlilcatos nfter the
count Is completed next Friday even
ing. Sovcn of these honor certifi
cates will be .given each day, a cer
tificate going to each district each day.
The certificate will bo given to tho
lady In each district who gets tho
most votes for tho day for her dis
trict. At the close of the balloting
next irlday erenlng, ns before stated.
tno indies In each of tho seven dif
ferent districts Who hold thn urontnat
number of tho honor certificates for
their districts will bo clvon thn i.r.nn
extra votes for tho week. Tho first,
of these honor certificates will lm
awarded today.
Yesterday marked tho uasslnc of
the contest .'ron the preliminary
stage Into one of real, hard and earn
est effort and with only four weeks
remnlnlng of the contest thn candi
dates will now bo fired with a now
determination to succeed in tho on
torprlso. it's now simply a question
of work and a mattor ot subscriptions.
WHAT THE REO DID
IN THE QLIDDEN TOUR
In its write-up of tho finish of the
Glldden Tour, tho Now York Herald
says. In tho Glldden contest eighteen
Individual contestants camo through
the 1.575 mile Journey without a mark
against them. Ono of these, tho "16"
Reo entered by R. SI. Owcii, finished
In such good condition that, under
the auspices of the Touring Board,
It was turned nrwnnd at tho conclu
sion of tho Glldden tour nnd without
any alterations or adjustments was
started In n non-stop dash to the
Jamcbtown Exposition. Tho showing
of this llttlo car was generally consld
ored tho most romarkablo ot any
of tho ported score cars. ,
$1500 CONTEST.
VOID AFTER
AUG 3.
sisters, Miss Hunts Moyer and MIsS
Caiolino U)ck. ,Aftor tho ceremony
thoro was a wedding breakfast nt the
Hotol Astor. Sirs. McCnbo will not
return to the. stngo, and after the,
honoymoon, which will bob spent at
J-onox, iSlnss., Pr, SIcCabo and his
brldo will take up their reBldeuets in
Nowark. , ., i' . J
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