Newspaper Page Text
FIFTY-SIXTH YE Alt. NO. 12o.
TUESDAY, MAKCII V2, 1907.
PRICE TWO CENTS.
IS ALLOWED TO TESTIFY
Delmas Loses Hard Fought
Battle in the Thaw
STORY NOT IMPORTANT
Attorneys For the Defense
Otherwise Block Practical
ly All State's Moves.
.New Vurk, March 12. After cou.i
sl had spent inure than two hours ol
the morning session of the Thaw trial
in argument today. .lust ice Fitzgerald
overruled the objection of I he delon-.e
in the matter ot allowing the disiriet
aitorney to continue his exaniiiuuioa
i f .lames Clinch Sm'tk. brothcr-in-ia .v
of Stanford Whirc. The o!jetio:i had
been pending since adjournment Yes
terday. Iluil 4 iiuvt-rMiitiuii Willi 'llmw.
Smith had a conversation '. ith Thaw
(il the Madison Square roof garden
just before While was killed. Jerome
said tlie conversation had a very im
portant bearing on the case, and
hail not learned of the conversation
itself until Smith returned from Eu
rope Ia.-t mouth, after the prosecu
tion's case in chief had i lsoe 1. Attor
ney Delmas for the defense, fought the
introduction of this testimony to the
last, but Justice Fitzgerald mini '.
the interest of justice that il should
be admitted. Jerome thereupon asked
that the taking of Smith's testimony
be postponed until aiternooli.
4 ill It'll AnolluT I'olii-t-muu.
Jeiome 'called another policemia
who saw Thaw the night of the trag.
dy who declared the defendant actud
rationally. Jerome called Dr. Carlton
Flint, to whim Evelyn Nesbit is said
to have gone ill VJrZ with "Jack" liar-!
rynioto, the actor.
Oh.ll iiu uliiiin'il.
Delmus promptly objected to Flint's
testimony on the same gronads la; has
offered against other evidence of cot
lateral facts tending to contradict
joung Mrs. Thaw's testimony. The
district attorney seemed to anticipate
the objection, ami said he did not care
to argue the point. Fitzgerald sus
tained the objection, and Flint was ex
cused. S in i i II ! on Maiiil.
J. Clinch Smith took the witness
stnd after luncheon.
Smi'h said the night of the shooting
be had a conversation with Thaw at
Madison Square garden. Thaw told
him of his plans for going abroad
later in the summer. Smith testified
with considerable dilliculty, Delmas 1
continually objecting to the questions
put by Jerome and the answers given
by the witness.
I.ookiu-j; lor iinrinu'.
Smith said Thaw roamed abotr the.
nmf garden as if looking for someone,
lie w lit into the balcony and came
down again. II ethen jeiii"d Smith's
parly and all Marled to go out. hi a
f'-w moments there were three pistol
allots, and White was dead.
I riNK r.;liiiiii:i( )iil Miorl.
Delmas concluded the cross examin
ation of Smith in a Tew minutes, hav
ing developed no'hing. Fckmeycr, the
photographer, was summoned to the
stand. Kckmeyer took the Evelyn Nes
bit polar bear pictures.
Whs l-'irnt WIIhiuk.
New York. March 12. Jam. -i
Clinch Smith, Stanford White's broth
er-in-law. was recalled as witness when
the Thaw I rial opened today.
A long argument as to the admissi
bility of Smith's testimony ensued,
Deimas, llartridgc, and Jerome partici-
Iowa State Militia Helps Search
for Bank Robbers at
Des Moines, March 12. The stale
militia was called at Manchester to
assist in locating the robbers who
blew open the safe of the Masonvill-J
bank, and deployed in the vicinity of
the town today. All roads leading to
and from Manchester were patroled by
t loops. Guards were removed from
around the jail, where two prisoners
are comment, as nion violence is no
longer feared. Tlie sheriff slated today
he had Ihe situation well in hand.
pating, the latter two losing their tem
pers at times, while Delnuis retained
his usual cool and collected demeanor,
continually referring to Jerome as the
"learned district aitorney."
IIoIiIh lime 1 1 ml I'iimkciI.
Delmas contended Smith should have
been examined at the beginning of the
'.rial and could not testify now in re
buttal. Jerome aiked the court to ex
ercise its discretion in giving the jury
the benefit of the testimony of the wit
ness who was not available at the time
the case was set for trial.
During his argument Jerome said be
and Hartridge had discussed the mai
ler and thought t.iey were in entire ac
cord as to tile main facts.
"When this matter is discussed
court," broke in Delmas, "it will
discussed with me."
"I don't know whether it will
not." replied Jerome. ".Hartridge
tlie attorney of record."
AsUM l?l-llitlUlta Itt't'l'MM.
Finally when Justice Fitzgerald an
nounced he was ready to rule on the
issues. Delmas asked a iccess ot la
minutes to confer with associate coun
sel. The request was grained.
After tile recess Justice Fitzgerald
overiulel the objection of the defense
to Smith testifying.
Slntr'H '.' llallcil.
New York, March 12. District At
torney Jerome was worsted at every
turn in the Thaw trial yesterday, and
as a result the stale's case in rebuttal
came to a ttmporary standstill against
the practically solid wall rules of evi
dence have btiilr around the story told
by Evelyn Nesbit Thaw.
At tlie end of the. day's session Je
ronie. baffled by the rulings of Justice
Fitzgerald, apptulcd lo the discretion
of the court lo permit him to go oiti
srfie the Miles of evidence in his ef
forts to discredit the lc?ti:r.ony of the
How .Jcroiur W UN lliiltl-il.
Fnder the rulings of the court Je
rome was not ailowed to prove tile gen
uineness of the famous Hummel pho
He was not permitted to get bofoiv
the jury the story of Eihel Thomas,
the girl whom he .claims Thaw tied to
a btdftwt and -whipped.
He was not ailowed to prove by aa
expert that there is no drug which
could have rendered Evelyn Nesbit un
conscious, as she testified.
The only testimony, in fact, that Je
rome succeeded -in getting past the ob
jections of the defense was that of
several policemen, who gave it as their
opinion that Thaw acted in a perfect lv
rational manner when he was arrest ed
on the night he killed Stanford White.
Jury Caught Iitcn.
It must be admitted, however, that,
although the poison expert was not al
lowed to answer jlerome's question, the
jury must have got a pretty good idea
of what Jerome was driving at.
Nine-tenths of I he day's sessions
were spent in argument, and in nearly
every instance when the. smoke of con
flict chared away, Mr. Delmas had
won his point as to the law. while M.
Jerome, in the argument itself, had
got. before the jury a perfect know
ledge as to what his witnesses would
have testified to had they been permit
ted. The district attorney called 10
witnesses during the day. but aside
Irom (hawing from the state's eye
witnesses to the tragedy the opinion
that Thaw seemed rational the night
he shot and killed Stanford White lit
tle real headway w.is made.
SHOT IN A SALOON
Patrick J. Hynes Member of Milwau
kee Team. Refused to Pay for
St. Louis, March 12 Patrick j.
Hynes, who two seasons ago pitchod
for the St. Louis American leagje
team and who was signed with Mil
waukee tor tlie coming season, was
shot and killed this morning in the sa
loon of Harry V. G rover. Louis V.
Richardson, the' bartender, was arrest
ed, charged with the killing.
Richardson declared he fired in seif
defense. The trouble arose over
Hynes' refusal to pay for beer he had
Hotel Burns; Guests Escape.
Sault Ste. Marie, Mich., March 12
The Iroquois hotel was destroyed by
fire today. TJie loss is $200,000. All
the guests escaped safely.
MOVE TO FREE MINE
Caldwell, Idaho, March 12. The case
against Moyer, Haywood and Pettibone,
officials of the Western Federation of
Miners, charged with complicity in the
assassination of former Governor Stu
enuenbe.rg. came up today on a molion
to dismiss. Judge Wood of Boise has
been called to preside.
TRIAL IS STARTED
Howard Nicholas and Leonard
Leopold in Court for Murder
of Margaret Leslie
IN PALACE HOTEL, CHICAGO
Case of Wide Interest Because of the
Long Search for One of the
Chicago, March 12. Howard Nicho
las and Leonard Leopold were today
placed on trial for the murder of Mar
garet Leslie, the actress, in the Palace
hotel Oct. 17 las:. Nicholas confessed
after tae arrest he and Leopold had
gone to the woman's room intending to
rob her of diamonds, and in committing
the crime they choked her to death.
Later Nicholas repudiated the confes
sion and said it had been extorted from
him by the police. He laid the crime
an Leopold. .
VrrcMlt-iI Alter t.c-li-i Imw.
The latter was arrested after a
seal eh that covered all the western
states. He has persistently denied all
knowledge of the crime, saying Nich
olas committed it alone and afterward
shared the plunder with him.
BAIL IS REFUSED
Boss Ruef Locked Up at San
Francisco Pending Habeas
ASKED OF SUPREME C0UR1
Defendant Loses Practically Every
Contention Made to Secure His
San Ftaneisco, Cal.. March ll'. Ah-'
raiiam Unci's attorney today applied
to the state supreme court to issue a
writ of habeas corpus. The Knot' case
in Judge Dunne's court was adjourned
tint il tomorrow. Kail was refused.
San Francisco. March 12. "Bos;"
Abe Ruef was defeated three times
yesterday in his efforts to escape trial
on the charge of extortion.
First, the state supreme court de
nied Kuef's application for a writ ol
prohibition to prevent Judge Dunne
from proceeding with the trial pend
ing the disposiric.n of the writ of err.ir
to the I'nitod States supreme court by
Second. Judge De Haven of the
United States district conn refused o
grant a writ of habeas corpus and a I -6
refused him an appeal to tlie I'nitod
States circuit court of appeals.
Attorney Ach. for Ruef. ashed if he
could take an appeal, and the jud-je
"Yes. you can take an appeal, hip
tlie appeal is denied."
JiiiIkv Miiiiiu-'s liniil Itlotv.
Third. Judge Dunne of the superio"
court, before whom Rucf's case fs
now pending, practically decided that
Judge Hebbard (his associate in the
superior court) had granted Ruef an
appeal to the United States supreme
court through trickery and fraud and
that this could not. bar Judge Dunn
fioni proceeding with the case.
NO COLOR LINE DRAWN
IN THE POSTAL SERVICE
Department Wiil Not Make Distinction
Between White and Negro Clerks
Washington, March 12. The post
oflice department does not intend to
draw the color line in the matter jt
white and negro railway mail clerks
working together on the- same runs.
Although, an intimation has been sir
en to the superintendent of railway
mail service that white clerks in the
middle west aie preparing to reiiue ;t
thS department to effect a change so
as to put. the negroes ou runs which
will not bring them in proximity to the
whites, it is stated that no such dis
crimination could or would be made.
MORGAN AT THE WHITE HOUSE
Financier is Envoy of Railway Chiefs
Who Seek an Interview. .
Washington. March 12. .1. Pierpout
Morgan was in conference with Pres
ident Roosevelt for two hours last
light. The financier came here at th';
request of certain business men of
Xew York to discuss the business sit
uation, particularly as affecting the
railroads. He asked the president to
grant an interview . to four railroad
presidents, which request was granteJ.
Grain in Farmers' Hands.
Washington, March 12. The bureau
of statistics of the agricultural depa-1-ment
has reported in a bulletin the
amount of wheat remaining in the
farmers' hands March 1 was 206,044,
000 bushels or 2S.1 per cent of la.t
year's crops, of corn 1.2Sfl.00n,000
bushels or 44.3 per cent, and of oals
CS 4,401,000 bushels, or 39.8 per cent
Serious Conflict Takes
Place as Result of
SEVERAL BADLY HURT
four Lines Partly Opened With
Aid of Police Mayor's
Louisville, March 12. With the aid
if sttike breakers and Hie protection
jf the police the Louisville Street Rail
way company this morning opened par-
;ial service on four lines. Kven with
police on board the cars, trouble be
gan early, holdups being numerous.
Hut few passeligeis rode during th'
morning, evidently preferring to walk
'n the pouting rain lo taking chances
on the cais, which were frequent'y
pelted with bricks and stones. One of
the strike breakers was severely injur
ed when he was hit by a brick.
(iilmiiian-M In a lt.it tic-.
The 'noting culminated at noon in
ou:biak at Second and Breckinridge
streets between strikers, strike sympa
thisers, poliee and stiike l ieakers. in
-a Inch six :im n are known to have been
Miriously injured and a score or mor;.'
suffered bruises and cats.
lrml:iiiinl ion iMwiinl.
Mayor Barth issued a proclamation
this afternoon calling upon citizens to
refrain from congregating on the
streets or taking any part in the dis-
Walk Out at llelriiil.
Detroit. March 12. Time hundred
shipbuilders in the Wyandotte yard of
Hie American Shiybitilding company
.VIP. ROOSEVELT INTERFERES
At His Request California Legislature
Halts Jsp Program.
Saeiamcnto. Cal.. March 12. Th
assemoly voted yesterday to take no
action on the Japanese ones: ion at this
session, following ihe receipt of
message from Pn.-ident Rooseve'.t.
The Roo-evt It request, which caused
a scn.-alion. was received by Gover
nor Gillette, who sent it to the legisla
ture to be read. The message' ex
plained that the anti-Japanese bills
which were proposed would embarrass
the federal government in its treatv
negotiations with Japan. Governor Gil
lette urgid the legislature to follow
the president's suggestions and action
was taken promptly.
HE FINDS A NEW
Giacobint, at Nice, Locates
With a Small Telescope
Cambridge. Mass.. March 12 The
discovery of a new comet is announced
in a cablegram received at th Har
vard observatory from Professor
Kreiilz at Kiel, the discoverer being
Giacobini. at Nice. The position ot
the comet at the time of its discovery
was right ascension T hours 1 minutes
M.I seconds and declination south IS
degrees 21 minutes 17 seconds. Tin
comet, winch was visible in a small
telescope, has a daily motion of minus
minuies and S seconds in right as
cension and plus 7 urinates in declina
LA CROSSE CITIZENS ORGANIZE WITH
$100,000 CAPITAL TO FIGHT VICE
LaCrosse, Wis., March 12. Follow
ing the publication of the startling re
port of detectives of the Pastors' union
who for weeks have been collecting in
criminating evidence regarding vice in
LaCrosse, the organization of a civic
federation iih $100,00,') capital, and
including as stockholders some of the
leading citizens, is announced.
' The corporation will hire agents to
investigate and make complaint tipoa
violation of laws, and to force prose
cution ot violators. L nsatisbcd wun
promises of reform by police officials,
NEW MARK MADE IN
Denver, Col., March 12. A new
world's record for a bowling tourna
ment was established here today when
Voght and Everhardt of Kansas City
Denver, March 12.: la , order to
force recognition from the American
Bowling congress and National . Bowl
ing association, the Western Bowlin;
congress here yesterday amended i
constitution extending its jurisdictl
from coast to coast.
HIS DEATH SUDDEN
Ex-President Casimir-Perier of
France Succumbs to
ILLNESS THOUGHT SLIGHT
Cabinet Orders State Funeral, But
Family of Dead Man Declines
Paris, March 12. M. Casimir-Perier,
ox-president of France, is dead. He
died suddenly last night of heart fail
ure at his residence in Rue Nitot here.
News of his demise was not published
until this morning. He bad not been
well for two or three days, but it was
supposed he was suffering from inlla
enza and no great importance was at
tached to his indisposition.
t ('oufiiieil to llril.
He was not even confined to his bed,
but lunched with his family on Sunday
and was in good spirits. About D last
evening an abrupt prostration occurred.
The ex-president was taken to .his bed
and gradually became weaker until the
Dei-liur Statt- i'lilleriil.
The cabinet met at noon today and
decided ou a national funeral for the
late president, but the family regret
fully declined the honor, in accordance
with tlie wish of Casimir-Perier ex
pressed some time ago.
WILL IS ADMITTED
Property Left to Wife by William
Trittle, Who Went Insane
When She Died.
NO HEIRS RESIDING HERE
Estate Will Be Distributed Among Ht.
atives Bernhard Eerry's Will
The will of the late William Tritti.
who died in the hospital for the insane
at Watertown. where he was confine 1
after the dea'h of his wife was ad
mitted to probate in the county cou-t
today by Judge H. C. Ward. The in
strument was executed in lsfU, and
left the entire property to his wif?.
At the tune of Mrs. lrittles death at
the' home south of Milan. Mr. Trittle
barricaded the home, first to prevent.
medical attention being given his wife,
and later to prevent the officers anil
others from entering. Under the coa
struciion of the wiil it is not clear
whether the property under the exist
ing conditions will be distributed
among tlie heirs of the testator or
among his wife's heirs.
Hrrry Will Pri.ht.loil.
The will of the late Bernhard Berry
of Moline, was admitted to probate this
afternoon. It was made in Denver,
while Mr. Berry was visiting there
from Xew York city, Aug. 21, l!ori.
Bequests of $.,aOu each are provided
for each of three children, his sons
S. S. Berry and Noah B. Berry, and a
daughter. Mrs. Charles Goldstein, and
$1,000 is 'left to a grandson, Alfred
Berry Goldstein. The remainder cf
Ihe property is left to the widow -r
Boy Dies in a 130-Foot Fall.
Joplin, Mo., March 12. George C -rum,
the 11-year-old son of Richard
Coram of Prosperity, fell headlong into
a mine shaft Lh) feet deep while fir
ing a kite yesterday and was instantly
the ministers have taken this summary
action to force a cleansing of the city's
lt-iort HriMI.-M Willi I 'act it.
Tlie detectives' report just made pub
lic bristles with lurid details. Brothels,
wineroonis, gambling halls, saloons
and poolrooms were visited by spies
paid by the ministers.
Participants in the Tioisterous mid
night revels were carefully noted.
leading citizens and lowly. Instanc
of the language used, of the liquors
consumed aiTd by whom, went into tho
notebooks of the spies and all were
turned over to the committee of min
isters of whom Rev. K. J. Clemens
president t tne Jiumane society, is
president, to form the basis of opera
tion of the new federation.
irrularm lilt-iitify I'nlroua.
Circulars depicting the scenes of im
morality were printed by one of the
spies, and cast about the city. The
circular identified prominent people
and has created an uproar, even among
btofK is being subscribed, and an
out of town agent, who will not be
recognized, is to be hired to take
charge of the prosecution.
MAGAZINES ON FRENCH
BATTLESHIP BLOW UP
WITH TERRIBLE EFFECT
Hundreds of Members of the Crew Be
lieved to Have Lost Their Lives While
Vessel is Lying in Dock at Toulon
FIRE THREATENS-TOTAL DESTRUCTION
Other Explosions Follow
Stores of Powder and
Seen Flying in Air
Toulon. France, March 12. A pow
der magazine on board the battleshio
lena here exploded today, owing, it is
reported, to an explosion of compress
ed air in a torpedo on the vessel. It 's
said the casualties number from, two
hundred to three hundred.
i:ki: ;:: o noiti.
There were 630 officers and men on
board the lena at the tims of the dis
aster, but many jumped into the water.
The authorities believe the victims
number over two hundred.
Further explosions on the lena oc
curred every moment with debris fly
ing over the dockyard a distance cf
KI-.MAINS II.Y1; IN Till: A I It.
Officials declare the magazine of the
lena are complete'y filled with explo
sives and recurrent detonations indi
cate they are all on fire. As the bulle
tin is filed the explosions are becoming
Squads of workmen and sailors ap
proached the scene of the disaster at
the peril of their-lives. and as thty
neared the lena's dock, they could dim
ly observe through the dense smoke.
human remains flying constantly in thj
air following each explosion.
i w no a hi: i)i: i.
Toulon, March 12. Semi-official fig
ures state it is certain over fifty of the
lena's crew were killed, 100 seriously
injured, and 200 slightly wounded. Of
ficials say the returns are probably
under the mark. No news has been re
ceived of the captain or first lieuten
ant of the battleship, and it is believed
they are among the victwns.
The after part of the vessel was com
pletely destroyed. No further explo
sions are occurring.
I uilcrKoiiiK liiMiotin.
Toulon. March 12. The lena was
undergoing inspection of machinery m
the basin of the Missiessy dock when
the explosion occurred. The conclu
MORE TRUSTS MUST
Implement and Lumber Combines to Be
Probed With View of Ousting
Jefferson City. Mo., Match 12. The
house today adopted a resolution in
structing the attorney general to inves
tigate the so-called and alleged imple
ment trust as represented by the In
ternational Harves'er company, and
the so-called lumber trust and institute
ouster proceedings if be finds sufficient
KILLED IN A DUEL
Captain Von Bercken Finds Tartar in
a Druggist Whose Name is
Berlin, March 12. Captain V':i
Bercken of the U:Jd regiment of infaa
try, was killed in a pistol duel yester
day on the drill ground near Tegel. by
a druggist whose name has not been
disclosed. The cause of the dispute
which led to the duel is unknown.
HAS COMMITTED NO CRIME
So Court Holds in Quashing Indictmett
of Federick C. Fairbanks.
Steubenville. Ohio. March 12. The
indictment for subordination of perjury
against. Frederick C. Fairbanks, son ol
the vice president in connection with
his marriage here to Helen Scott il
Pittsburg, was quashed in a decision
handed down by Judge R. G. Richard?
The decision nolds no facts have
been set forth to show Fairbanks had
J committed any crime. ,
as the Flames Reach
Remains of Men Are
Had 650 Aboard.
sion caused by tin; explosion of a com
piessed air torpedo set lire to the aftr
powder magazine, blowing the whole
alter part of the vessel up. The lena
was Hying the Hag of Rear Admiral
Manceron. The commander of the
vessel was Captain Adigard.
i 'nfiiiii in Iili-Mirtuil.
The window in the workshops
around the scene of the explosion we.e
all broken. Klfctric wires Hashed in
the fuses and then broke down. All
about the Missi.-sy dock. A she;
wt ighing 2't pounds was hurled a quar
ter ol a mile before striking tne
Complete panic prevailed among the
employes of the arsenal, who were re
tutning to wotk from lunch when the
magazine blew up. Many of them
made a lush towards the Missiessy
dock whence clouds of thick smoke
KiiMhril aic TbriiiMt-lvrn.
No one seemed to know what had
happened until someone shouted "the
lena has blown up." Au officer then
ptretiiptoi'ilv called out: "Save your
selves." and all workmen and olheis
made a rush for the nearest exit from
M:iii y l)iM4t-ailfil l.ndtlerM.
Many of the crew saved their lives
by climbing down the ladders and
reaching the quays, whence they lied
to places of safety. Entrance to the
arsenal was forbidden to all but men in
A signal man of the lena who escaii
ed says a large number of the crew
was gathered in the fore part of the
ship listening to a lecture by an officer
when the first explosion occurred.
Mos; of them, were able to escape.
Minister lo Toulon.
Paris March 12. Minister of Marine
Thompson has started for Toulon in
order to personally inquire into the
cause of the disaster to the lena and
supervise the care of the wounded.
ROAD MAKERS IN
SESSION IN EAST
Thirty Eight States Represented at
Convention Being Held at
Pittsburg. March 12. The fourth
annual convention ot the American
Iioadniakers' association convened to
day. Over 2.."i"o delegates, represent
ing ;;is states, were in attendance in
add it inn to many prominent men in
terested in the advancement of good
roads. The convention was called to
order by James H. MacDonald of New
In his address MacDonald congratu
la'ed the delegates upon, the growth
of their organization and referred to
the convention as a school for road
makers. He said each state had its
own problems and that with resulting
interchange of ideas all roadmakers
will be helped.
MAY KILL BOY
Delaware Kidnapers Said to
Have Made Threat to
New York. March 12. The receipt
by a New York detective agency of a
secomL letter purporting to come from
the supposed kidnapers of Horace K.
Martin, the 4-year-old boy of Kitts
Hammock, Delaware, vas announced
today. In the second letter the alleged
kidnapers are reported to have dj
claied . unless a ransom is offered :,t
once they would "Kill the boy. As :o
the authenticity of the letter or the
identity of the writer, nothing is made