Newspaper Page Text
FIFTY-EIGHTH YE All. NO. 173.
THE AKGUS, SATUKDAYJTAY 8, 1909. -TWELVE PAGES.
ntlCE TWO CENTS.
IRS. BOYLE IS GUILTY OF
TITLE TO MILLIONS WORTH
OF TOWN LOTS IS INVOLVED
UNCLE SAM Every time this rope sags and you think I'm going to fall, you are happy.
IN THE KIDNAPING
Jury Quickly Decides Fate
of Wife of Convicted
JS STRONGLY DEFENDED
Asserts That She Will Commit
Suicide Rather Than Serve
Mercer, May 8. The jury in- the
trial of Mrs. James H. Boyle returned
a verdict of "guilty as indicated in the
second count," charging her with aid
ing and abetting the kidnaping.
Mm. llojle Imiuoviililc.
Mrs. Boyle sat immovable as the
jury returned the verdict of guilty.
The heavy veil which she had worn
throughout the trial concealed her
features so it could not be seen wheth
er her color changed, but there was
no movement of her body to indicate
she so much as heard her doom pronounced.
during the charge. One of the Instruc
tions given to the jury reads:
"The Jtary cannot convict merely
upon theory. They must consider only
the sworn testimony of witnesses. The
alleged conspiracy must be shown to
have been performed in Mercer county,
and if the testimony does not show
this, the defendant cannot be convicted
of the crime charged."
Shortly after the case of Mrs. Boyle
was given to the jury, a verdict was
returned on the first ballot, but the
court having adjourned till 1:30, it
could not be reported until that hour.
Offered No Kvidem'e.
Mercer, Pa., May 8. Relying en
tirely upon their contention that the
Pennsylvania courts have no jurisdic
tion in her case, counsel for Mrs.
James Boyle, on trial charged with
aiding and abetting the kidnaping of
Willie Whit la, yesterday refused to
offer any evidence in her behalf.
The state completed its testimony
yesterday afternoon. It was mainly
the same as that given Thursday in
the trial of James Boyle, but there
were some additional witnesses sum
moned for the purpose of connecting
Mrs. Boyle with the abduction. One
of the Cleveland policemen who took
part in the arrest testified that she
said: '"I am the frail little woman
who planned the whole thing."
Mime- n I'erMim.
The finding of the ransom money
secreted in her clothing was also tes
tified to. The proprietor of the Grang
rr nun it merit in f'lpvclaml idnntifipd
Her indifference was even more pro- ai;, Mrg noy,o as th(j cmi)lo
who rented an apartment from her
under the name of Walter. An effort
noimced than it had been during the
preceding portions of the trial
(nmd I.h Silent.
was made to prove her connection with
that she ex
The crowd in the court room was framing up the plot while in Pennsyl-
warned no demonstration would bojvania. and her remark
tolerated, and the verdict was read in poeted to receive some
silence. As quietly as though prepar-'Was brought out.
ing to go out for a walk. Mis. Boyle
drew on her gloves, arose from her
chair and went with the sheriff back
to her cell.
w Trial Not likely.
Suicide Itefure PriNon.
i Last night in her cell in jail Mi's.
I Boyle ;;aid:
"Both Jimmie and myself have tried
to tell the whole story in connection
Judge Miller, Mrs. Hojle's attorney, with this case. We have not been
announced he will make a motion for permitted to do no. It is not justice,
a new trial. It is believed the motion Everything should be heard and
will be overruled, and both Koyle and threshed out. As for myself. I will
wife will be sentenced Monday. The commit s uicide before I go to the pen
penalty in Boyle's cae is from one itentiary."
year in the penitentiary to a lif sen-
tence, and in Mrs. Boyle's case the
maximum Is 20 years.
Mercer, Pa., May K. Life in the pen-1
itentiary would kill me in 1 days.'
and rather than submit to this I would ;vci iiiihiiI Kmployrs in Trance In
take the 'Dutch route, said Mrs. ridcil to iie Deputies Cliunrc
Like her husband, she is anxious to
tell more than has been brought out
PREPARE FOR BIG
GUILTY OF AIDING IN KIDNAPING
in regard to the kidnaping of "Billie" 1 "' "a-v 1 "p government anti
Whitla "l- K,a,t' employes, including men of
"If Jimmie. and I are sent to the pen- th department of posts and tele
itentlary." she said, "we will not go firaphs. are today rapidly marshaling
alone. One other man. who planned thpir folccs for the impending strug
the whole affair, has not been arrested. Sle. Premier Clemcnceau is still con
There is no evidence I have been mix- fillt,tl to his room by sickness. He un
ed up in this case and rather than derstood the strike committee of pos
suffer an injustice from the court, I taI employes do not intend to declare
will quit this earth and take justice a strike until next Tuesday, in order
from my Maker" . K've parliament, which will reas-
xo overt Art i.. ..ut. . n.ble Monday, a chance to intervene
The jury today heard the arguments ln their favo
of Judge Miller, counsel for Mrs. Boyle, ' . u, lAmrnrrt
and Quincy Adams Gordon for the WALbH b tLLA AIMbWtntU
prosecution. Judge Miller said there'
had been no testimony to show Mrs. to Argument for Appeal I.y Al-
Bovle committed any overt act in j It","1 Financier Filed
Mercer county in connection with the1 Chicago, May 8. Arguments of the
VM.,nin. . government in opposition, to the at-
Gordon declared the crime of kid- teml of John R- "a,sh under sf
naning is second only to that of murder ttnce of five 'ears imprisonment for
and said nothing was too had for one
who would perpetrate such an offense.
I.oi'kit tbe I)iMrn.
Judge Williams charged the jury
with the court house doors locked, so
alleged misapplying; of the funds of
his bank, the defunct Chicago Nation
al, to obtain freedom on the appeal to
the United States circuit court of ap
peals, are contained in a brief filed to
day by Assistant District Attorney
no one could enter or leave the room F,ctcher DobbynSi in rer,y to the brief
' filed by counsel for the defendant a
THROTTLE IS OPEN
Lower House of Legislature
Advances Great Number
.Mrs. James H. Boyle, Convicted of Helping Spirit Willie Whitla Away.
ed in the Friday session. For 30 or
10 minutes half a dozen members ar
gued with Kirkpatrick, who finally
withdrew his objection, giving notice,
however, that he would renew it every
FridaV from now on unless a quorum
is on deck.
Many IIIIIh Are Advanced.
-The withdrawal of the objection sent
the house ahead with the throttle wide
open, and when adjournment was tak
en the following had been accomplished:
Thirteen house bills on first read
ing were advanced to second, two oth
ers being left on first objections; 63
house bills were taken up on second
reading, most of them being ordered
engrossed for third reading; 21 -senate
bills were reprd a first time and refer
red to coir.inittees; four senate bills
were rea a second time and advanced
to third, and one bill was recalled
from third to second and made a spe
cial order for Monday afternoon.
IlitC lint Ban Advanced.
The big hats bill, the measure with
which George C. Hilton of the stock
yards hopes to put a few reefs in fem
inine headwear, sailed along to third
reading. ' It is expectel to be called
up next week, when a debate is look
ed for that will add considerable diver
sion to the sessions. Being a believer
in the efficiency of object lessons, Mr.
Hilton is said by his friends to be as
sembling a collection of spring mil
linery of all sizes and shapes, the in
tention being to trot this forth as ex
hibit A during the debate on the bill.
Although the bill was regarded as
more or less of a bit of humor when
it was first sprung, many of the mem
bers are declaring they are for it, and
it will not be surprising if the bill'is
passed by, the bouse.
I "or Tii!ereulNi Tentn.
' Among other important measures
shoved along yesterday was the reso-
Overruling of Demurrers
by Oklahoma Court
A BLOW TO HASKELL
Land in Muskogee Held Taken
from Creek Indians Through
Muskogee, Okla., May 8. Federal
Judge Campbell here today overruled
the demurrers of the defendants in the
so-called Mott civil Greek Indian land
suits brought by the government
against Governor Haskell and other
. MIIIionH Are Involved.
The decision today involved the le
gality of millions of dollars' worth of
lots, and created consternation here.
Not only are Governor Haskell and as
sociates involved in tbe charge of
fraud, but about 1,500 subsequent pur
chasers of the lots are vitally inter
ested. Judge Campbell announced, however,
that innocent purchasers will be pro
tected. To Iteeover for Tribe.
These suits were brought by the
United States for Creek Indians to re
cover for the tribe Muskogee town
lots aggregating 3,000 and alleged to
have been obtained by Haskell and
SOME ARE IMPORTANT
Members Thinking Seriously of Pass
ing Measure Limiting Size of
the other defendants by fraud and the
hit ion calling for a legislative investi- scheduling of "dummies."
ration of the tuberculin test of milk
cows in Illinois . The senate' had
changed the resolution to provide for
four senators on the committee and
the bouse concurred in it . Speaker
Rhurtleff tliereuion placed before the
bouse a bill appropriating Jio.noo for
the.xniu;es of the committee, and it
was read a first time and ordered to
second reading without objection.
It is planned to pass the bill in both
Springfield. III., May 8. The 11th-
bour rush struck the house yesterday
inn lorce. vim only a corporals house s next week. It can be called
guard on hand, the lower branch in.Up Monday . night, when the speaker
the course of its morning's labor con-1 plans to have a ouoium here, and ad-
sidered the advancement of 104 bills . vanced to the roll c;ill stn-o fur Tn.-s.
upon the calendar. Tho performance . day and passed on that day. It is
of this prodigious amount of work was. then planned to hurry it thiongh the
.1 i i ' r I V
Steamer Shores Not Heard from
Since Thursday and Wreckage
Has Been Found.'
under unanimous consent, but for a
brief half -hour it appeared that the
legislative wheels would bo brought to
a stop by Representative K. D. Kirkpatrick.
I'll tt on Krnken
As soon as the call of the? calendar
the advancement of bills in the ab
sence of a quorum, lie declared that
ing a large and jagged hole in the
"unanimous consent" system under
which legislative business is transact-
COMMODITIES DECISION SHOWS
RAILROADS AN EASY WAY AROUND
PATTEN IS ON
HIS WAY BACK
TO WHEAT PIT
Trinidad, Colo., May S. Refreshed
from two weens hunting and fishing
in the New Mexico hill. sunburned and
apparently greatly improved physical'y
James A. ratten the wheat operator,
is today speeding toward Chicago over
the Sante Fe railroad. He is due to
hi rive in Chicago tomorrow.
Patten reached Trinidad at 5:45 last
night from the Bartlett ranch and went
to a hotel, where h? rested quietly un
til train t:ne. H? register?d as Ed
Jones of Chicago and took every pre
caution to keep his identity from the
press, pledging the hotel employes and
ah;o trainmen to recrecy. f
Chicago, May -8. The bears en
couraged by favorable weather for
wheat and attaching no importance
to the Tact, that, James A. Patten, the
bull leader, is returning to Chicago,
took another., drive-at the market to
day. July -closed 3 cents lower at
11.14 1-4 to 4-8 and September and
December showed a decline of 2 1-S.
month ago. The oral arguments will
be heard by Judges Grosscup, Baker
land Seaman the last , week in the
ROOSEVELT PARTY WELL
Will Move Cuinp from I'ease Kancli
in About a Week.
Nairobo, May 8. The Roesevelt ex
pedition will encamp on the ranch of
Sir Alfred Pease at a point near Mach
akoe. All members of the party are
well. It' is reported two more cases of
smallpox were discovered among the
porters of til? expedition. Roosevelt
will proceed to George McMillan's
Ju Ja ranch some time between May
1G and May 2).
TO REORGANIZE THE ROAD
Owners- and Creditors of Chicago
j ireat Western Agree.
New York, May. . It was an
nounced today the various interests
I of the Chicago Qreat Western rail
road now in the bands of receivers,
reached an understanding for a rc-
' organization of the road.
(Special Correspondence of The Argus.)
Washington, May C. "You may own
coal mines and transport coal from the
same over your lines, but you must not
own the coal mines under your own
name. Own them by holding stock in
a subsidiary corporation."
This, in effect, is the command of
the United Sta'.es supreme court to the
railroads owning coal mines, as madi
in the "commodities clause" decision.
On its face the decision sustains the
contention of the government, but in
fact it is a substantial victory for th.;
railroads, many of which have appar
ently been anticipating a similar decis
ion, as they have disposed of direct
ownership in mines and are now hold
ing and controlling them in a niaimsr
declared by the highest tribunal to be
What Tonrt lluleil.
Here is what the court ruls:
That it will be unlawful for a rail
road company to transport over its
lines those articles which it direct !y
produces or haj legal interest or titles
But that a railroad will not be hoid
to have legal interest or tit !f in .in
article which i3 "manufactured, mined,
produced, or owned" by another cor
poration In which the railroad is a
Mrs.' Washington Gladden Dead.
Columbus, Ohio, May 8. Mrs. Glad
den, wife of Rev. Washington Gladden
of the First Congregational church,
died today after a year's illness.
tinue to transport coal from mines so
I.tmful in Stale.
This decision of course refers to in
terstate traffic. A railroad company
may own coal mines in its own nam?
and transport coal over its lines with
in the state, but it would be unlawful
under the supreme court decision to
haul coal so held, outsid? of the state.
The decision makes it easily possible
for the mine owning roads to reor
ganize their holdings under new sub
sidiary corporations, and continue with
out substantial change in their busi
For the larger part indeed, the
most part the actual mining is done
by mining companies controlled by tin
railroads. This is not interferred with
by the decision.
Tho Lehigh Valley, the Reading, the
Lackawanna, the Henry II. Rogers
Virginia railroad, the Erie and other
eastern roads own coal mines along
their lines through subsidiary corpor
ations principally, although some'imv
own lines in their own name, as welL
The Burlington. Northern nc
I'nion Pacific. Denver & Rio Grande,
and other of the big western railroads
own coal properties through subsidiary
corporations, and tho decision will
have little or no effect on these roads.
Nearly All Owned by Road.
The decision is of vital interest to
senate and get to work at once,
Two I-'IkIiIm Set for Wettyemlay.
Another bill that was passed upon
the calendar and made a special order
for next Wednesday is house bill G59.
which virtually nullifies the present
local out inn hill Tolli Ki'flne iro nro-
was starfed. Kirkpatrick objected to . , - Wodnes-
day ,and recriminations of a torrid na-
tnrp are nnticinateil Thw rluv- tv!l! tin
he would object to every bill that was idevoted to a ' eral thrvsh out of
brought up for advancement so long the ,ocal ,on and nal lil)ert
as a quorum was lacking, thus tear- ,s
The rush of all bills on the calendar
was for the purpose of getting things
in shape toadjourn sine die at a mo
ment's notice after next week or dur
ing the week of the 22nd.
Formal Vote for Senator.
A purely formal vote was cast on the
Sllrd joint ballot for United States
senator, no quorum being present.
The vote was: Hopkins, 11; Foss, 5;
Mason, 2; Shur.tleff, C; Stringer, 4;
Lee O'N'eil Browne, 1, and McKinley,
1. -The joint session then arose to re
sume balloting next Thursday noon.
The latter proviso, in the opinion of, every railtoad in the country. Sev
the most brilliant authorities in Wash-j enty-five per cnt of the coal mined
ington, is the clause of the opinio.i and brought to the surface in Pen;i
which does not prevent a railroad , sylvania, the great coal producing'
from doing anything complained of by slate, is owned by railroads, directly
the government, ; but which merely t or indirectly, within the state. Ninety
makes it necessary for the carrier to per cent of all the coal yet unmined In
hold and own mines through a sub- the state is controlled "by them. It is
sidiary corporation. It may then con- estimated that railroads own an inter
est in more than 50 per cent of the
unmined coal supply of the country.
The decision1 upholds the clause of
the Hepburn act which makes it unla w
ful for a railroad to haul between
states "any article or commodity, other
than timber and the manufactured products-
thereof, manufactured, mined or
produced by it, qr-" under its authority j
or which it may own in whole or mi
part, or in w;hich it may have any in
terest direct or indirect"
One Fatal Paragraph.
The following paragraph of tbe de
icsion, which relates to the construc
tion placed upon the.wor'ds "direct or
indirect," is the one "which prevents
the government from attaining the
ends for which the legislation was
"'It is also decided that the provis
ion of the commodities clause relating
to interest, direct or indirect, does not
embracean interest which a carrier
may have in a producing corporation
as a result of the ownership by th
carrier of stock ia such corporation,
irrespective of the amount or stock
which the carrier may own in such cor
poration, provided the corporation has
been organized in good faith."
Liquor Tax Reeelnta I p.
. The suggestion of William J. Bryan
through the Commoner that .the gov
ernment discontinue its questionable
policy of issuing liquor tax receipts to
persons desiring to engage in the
liquor business in "dry" territory is
receiving considerable attention In
Washington. . . ,
Not that the members of congress
are considering the advisability of
Yesterday in Congress
Cleveland. May 8. It is believed
here the II members of the crew of
the steamer Shores perished and the
boat lies at tbe bottom of Lake Su
perior off White-fish Point. The
Shores which was owned by the
Manx Transit company of Cleveland,
passed the Soo upbound last Thurs
day. Since then nothing has been
heard from it except that wreckage
identified as part of the Shores has
Soisatur Would Put Them in Reach
f Country Newspapers.
Washington. May 8. Payntor of
Kentucky, in the senate yesterday
offered an amendment reducing the.
duty on linotype and typeset
ting machines from 100 per cent
ad valorem to 1 U per cent. He said,
that 13,000 country newspapers are
unable to have composing machines
owing to their high price. He quot
ed figures showing the wealth of the
linotype company faying they are
planning to control the trade of the
world. lie made a plea for a re
duction of the tariff enabling the
country papers to have machines.
Washington, May 8. Following is
a summary, compiled from the official
proceedings, of the work of both
houses of congress yesterday:
SKS ATB Just before ail inurnment
the senate voted to lix the duty on lead
contained in tr:ul ore at 1 's eents :i
pound, which is the rate of the ItinRley
law. and of the pemlinsr hill as it was
passed hy the house of representatives.
1' ifty-three senators, including; all re
publicans present, and Senators lliiRhes
of t'olorado and MeKnery of Louisiana.
voted in lavor of the tiutv. and IS dem
ocratic senators voted against it. This
particular tariff has not been opposed
by the low tariff republicans and Un
vote, was not stpninVant.- Hurinf? the
day Senator Clnpp of Minnesota, spoke
at lenRth in favor of loweritiK tariff
duties and Senator Owen of Oklahoma
upheld the constitutionality of an in
come tax. Adjourned at R-.io o'clock.
IIOUSK The hounc was not in ses-slon...-
Speakcr Cannon's Birthday.
Washington, May 8. Speaker Can
non yesterday celebrated his 73rd
birthday anniversary at his deski at
the capitol attending to his official
duties and receiving the congratula
tions of his friends.
James K. Hackett Brcke.
New York, May 8. James K.
Hackett, the actor, today filed a vol
untary petition in bankruptcy, giv
ing his liabilities at $12G,000 and as
Tallahassee. Fla.. May 8. A joint
resolution for the disfranchisement
of the negro voters in Florida today
was Idefeatod by the house of repre
ABDUL MUD'S WEALTH GROWS T0!
S22.500.000, MOST OF IT IN BANKS
Constantinople, May 8. Up to - the
present the sum of $7,500,00) has been
found in treasure boxes of the imperial
palace at Yildiz, occupied before his
deposition by Abdul Hamid. Further-
upwards of $15,000,000. It Is under
stood the cabinet takes the attitude .
that all these foreign deposits as well
as the treasure at Yildiz .are the prop
erty of the state. . . . - . .
The military commission which the"
government, is - sending ". to Adana to
land, France and the United, States today. r
iTrifirP nanPTB WAro fr.nnH inAinatinr
U,uB cu ieu.dSKau8 suggestion, Abdul has on deposit in Germany. Eng
(Continued on Pae Four.)
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