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WBIAMAPGLIB JOXJBMA 'A Jo WKMKI.Y KSTAIiMSHKD ll ÜAIL.T ESTAliLISlICD i VOL, LII-XO. 42. IXDIAXAPOLLS, TUESDAY 3IORXIXG. FEBRUARY 11, 1902-TWELVE PAGES. PRICE 2 CENTS EVERYWHERE. 1 WRECKED HIS BANK fiiaxk c. .wnnnvs, a supposed 3I!Llio.airi:. akhested. Vice President of the City Saving Hank, of Detroit, Which Wnu Closed Yesterday. HE WAS GIVEN OVER $1,000,000 WITHOUT SKCl'RITY Oil KNOWL EDGE OF OTHER DIRECTORS. Other Detroit Hanks and ft. Trait Company Said to Hold Ills Chtcka for f 02,MM. CONNIVED WITH THE CASHIER WHO CERTIFIED CHECKS WHKX THERE WAS XOTIIIXG ON DEPOSIT. Statement by Director nnd the Clenrlns: House Association 3Ionf Lost lit Speculation. DETROIT. Mich.. Feb. 10. Vice Presi dent Frank C. Andrews, of the City Sav ings Bank, which has been in the hands of State Banking Commissioner George L. Maitz since this morning, was arrested late to-day and arraigned to-night on the charge of willfully, fraudulently and know ingly curlng from the bank without se curity and without the knowledge of the other directors a sum exceeding H.OuO.tfa). lie was released on $10.000 bail and his ex amination was set for Feb. 21. Cashier Henry C. Andrews, through whom F. C. Andrews Is said to have secured the money by means of overdrafts and certified checks. Is seriously 111 at his home with nervous prostration. In addition to a total in debtedness to the City Savings Bank of $1,138.000, to secure which Mr. Andrews has signed over to that institution all his real estate holdings and stocks, bonds and other securities, which it Is estimated will total about $1,000,000, four local banks and a trust company hold his checks, certified to by Cashier Andrews, to the amount of $CKO. A considerable number of these checks are protected by securities deposited with them by Mr. Andrews. As soon aa Commissioner Maitz took charge of the Institution he immediately begin an examination of its books. It was found that Cashier Andrews had permitted F. C. Andrews to overdraw his account $014.00. Other liabilities brought F. C. Andrews's total indebtedness to the bank to Sl,lSS.tf0. In addition to this Cashier Andrews had certified to checks for F. C. Andrews, which he had deposited In other banks, to the amount of $662.000. CONDITION OF THE BANK. At the close of his examination Commis sioner Maitz to-night Issued the following tatement of the bank's condition at the close of business Feb. 8: Resources. Total loans and discounts, bonds, mortgages and securities $2,363.033 Overdrafts 013.85-' Real estate lO.v. Cash In bank Other assets 1VJ- Total $3,51)3,463 Liabilities. Stock, surplus and undivided profits $25,212 Deposits 3.370.251 Total $3.5y5,4S3 The examination showed that the record of F. C. Andrews's transactions was not kept la the regular way, but in a memo randum book. The first record of a trans action between Cashier Andrews and F. C. Andrews Is Jan. 11. but the examiners esti mate that the transactions have been going on for about six weeks. President F. C. Pingree explained the manner in which the certified checks were obtained a fol lows: F. C. Andrews would draw a check for the amount he wanted and have It certified by the cashier. Henry It. Andrews. He would present this certified check to the person with whom he was doing business and ask him to hold It out for that day as the bank was not In funds to meet It. Perhaps he would thus hold it out for two or three dajs, and eventually when there was money enough In the bank to meet the check, he would go In and take it out. There would be only a slip of paper in the drawer and the withdrawal would be put down as a cash item. With this money he would In person pay the certified check and tear it up. This was done time and again. DIRECTORS STATEMENT. The directors issued the following state ment In regard to the suspension: "In Justice to ourselves, our depositors and stockholders, the undersigned direc tors of the City Savings Bank make the following statement: irJarly on Saturday morning we learned for the first time that Henry It. Andrews, cashier of the bar. had allowed Frank C. Andrew to over draw his account in the sum of fcrfXl.OOO, all of which checks were outstanding. The bank wan Immediately put into the han1s of the banking commissioner anil we set about to get all the security we could. Mr. Frank C. Andrews has turned over to the bank a larsre amount of securities from which we hope to pav our depositors in full. "The hanking commissioner has deemed It the wisest policy to cioüe the bank for the present, for the bet Interests of all depositors. Outside of the Frank C. An drews indebtedness and the checks the Lank was never in better condition." This was Hgned by K. Pingree, Ward U Andru. " Homer McGraw, Joseph Schultz. F. 8. 0.borne and W. T. Mc Graw. The City Savings Bank wan the deposi tory for the fun Im of the county auditors, p--r balance there being more than $1.7). ;&. anil K. C Andrew- was arretted this 1 afternoon n a complaint sworn out by Auditor Chrl.'tl.in after a long conference between the auditors and Proswutor Hunt. The warrant was served on Andrew, who Is commissioner of police, by two officers In the office of .'the Detroit Tru-t Company, where he had b-en iu consultation with of ficers of the lianks holding his certified checks. The City Savings Bank also was the depository for the Board of Education, which had a total of $47,(00 on deposit. Other local banks will temporarily advance funds to the board of education for salaries and running expenses. CLEARING HOUSE STATEMENT. At a meeting of the Clearing .House As sociation this afternoon the following statement on the suspension was issued: "The disaster which has to-day befallen the City Savings Bank is the result of criminal Irreguarlties confined entirely to that Institution and caused by the rash speculation of its vice president, who con trolled the management and betrayed his trust. The bank has been expelled from the association. The officers of this association desire to state -to the public that there is no need of apprehension regarding any other bank in the city. The present con dition of the banks, as shown by the week ly statements furnished to the clearing house, reveals an unusually strong show ing in reserve and cash resources and tho fair name and the good reputation of the banks of Detroit will not suffer by reason of this trouble." This statement was signed by M. W. O'Brien, chairman, and E. C. Bowman, sec retary. There was nothing like a panic at any of the other banks in the city and compara tively few deposits were withdrawn as a result of the excitement. At the Gratiot avenue branch of the City Savings Bank, which drew its deposits largely from the laboring people, there were many pathetic scenes as the depositors learned that the bank had suspended. Officers were in the vicinity to quell any disorder, but their services were not necessary at any time. The Journal, of which F. C. Andrews is one of the stockholders, this afternoon said of the suspension: "The whole trouble has been caused by the plunging of Frank C. Andrews in the stock market. Three months ago Mr. Andrews was a millionaire. This is speaking without exaggeration. He began plunging in the stock market. His phenomenal luck had deserted him and in a short time he became hopelessly entangled. Last Tuesday afternoon Mr. Andrews did a most extraordinary and Inexplicable thing. Using his authority as vice pres ident, he secured certified checks from the City Savings Bank to the total amount of $662,000 and usd them to pay obligations at various other banks, carrying off the gilt edged securities deposited with these banks as collateral to his notes. Next day It came out that these certified checks were far be yond the bank's ability to pay, as besides them Mr. Andrews had overdrawn his ac count $900,0u0. Hurried consultations fol lowed with Influential bankers along the street. Meetings vere held from Friday af terpoon and evening, all day Saturday, all day Sunday and Sunday night and this morning up to and after the bank closed." LOST $400.000 IN COPPER. Heavy purchases of Amalgamated Copper stock are believed to be responsible for Mr. Andrews's ruin. President F. C. Pingree, of the City Savings Bank, says that An drews told him that he lost $400,000 in Amal gamated Copper. Andrews has refused to make any statement as yet, either in regard to his failure or the bank's suspension. Mr. Andrews has been heavily Interested in suburban electric roads and at present is a largo stockholder in the road being con structed from Holland to Grand Rapids, in this State. To-night Andrews resigned as police commissioner and Mayor Maybury Immediately appointed George Fowle as his euecessor. Although no warrant has yet been issued for Henry R. Andrews, an officer Is sta tioned at his home as a guard. H. R. An drews is in a serious condition. In addi tion to the nervous prostration, he has had a severe attack of heart trouble to-day. His physician says: "I think he stands a fair chance of recovery and that if nothing ex citing happens, the heart trouble will pass away in two or three days." Much sympathy Is expressed for Cashier Andrews, who, it Is understood, became in volved in the alleged fraudulent transac tions through friendship for F. C. Andrews and did not profit by them himself. The $52,0OO worth of certified checks are held by the following Institutions: Preston National Bank. $100,000; First National Bank, $272,000; State Savings Bank, $),000; Detroit National Bank, $160,000; Detroit Trust Company. $70.0K). It is not known Just how many of these checks are pro tected by securities, but it is said to be a considerable proportion of the total amount. Had the likelihood of the bank's failure been known sooner, the disaster might have been averted, as the directors of the other banks would have kept the doors of the City Savings open if possible. When it did become known the bank was in such bad shape that other banks would not take the risk of advancing enough money to tide the City bank over. Members of the De troit clearing house have decide- to take care of checks which had been issued by banks throughout the State which had been correspondents of the City bank. "BR00KSIDE" BURNED. Summer Home of J. H. Rasa, of Fort Wayne, Destroyed. Special to the Indianapolis Journal. FORT WAYNE, Ind., Feb. ll.-"Brook-side," the suburban summer home of J. H. Bass, the millionaire founder, burned this morning. Loss, $200,000. At 3 a.4 m. It was stated that nothing was left of the palatial summer home. The farm of Mr. Bass is about three miles west of the city and Is Inaccessible to the fire department. The furnishings of the house were costly and the place was noted throughout northern Indiana as the finest country residence in this part of the State. DESERTERS HANGED. Duhone nnl Ilnssell I'xecoted In the Presence of .1.UOO Filipinos. MANILA. Feb. 10. Edmund A. Dubose and Lewis Russell, deserters from Com pany E, Ninth Cavalry, and who stole arms belonsing to the regiment and Joined the insurgents in August last, for which they were tried and sentenced by a mil itary commission, wore hanged Feb. 7 at Guinobatan, province of Albay. in the pres ence of 3.M people. The execution was or derly. It was supervised by Captain Henry H. Wright, of the Ninth Cavalry, com manding the post. Several native petitions were received urging clemency, but the authorities failed to see any reason to de lay the execution, the men's crimes con stituting a flagrant breach of the military code in time of war. THREE PERSONS SCALDED. Injured by the IlurstinK of n Stenm Pipe In the Mcollet House. MINNEAPOLIS. Minn.. Feb. 10. Ry the bursting of a steam pipe in the engine room of the Nicollet Hotel to-day three persons were burned and a fourth barely escaped with his life. They are: 1-:. It. STEKL. a deputy boiler inspector. A. W. SUTHERLAND, the Nicollet Hotel engineer. EDDIE HART, fifteen years of age, efi boy in the Northern Pacific office. Hart Is the worst Injured. He was taken to the Northern Pacific Hospital, at Brain erd. The escape of James Lyon, the fire man, from a terrible death, is attributed to hin uuick perception In stepping behind a door, thereby escaping a blast of steam and hot water which would have ended his life instantly. INVOICING OI,D GOODS AT DEMOCRATIC SENATOR JONES So BOTH LUNGS AFFECTED TIIEODORG ROOSEVELT, JR., 3TOW HAS DOUBLE PNEL3IOXIA. Announcement Mnde After nn Exami nation by Dr. Lambert, the President' Physician. HIS CONDITION IS SERIOUS TEMPERATURE IS HIGHER AND RESPIRATION WEAKER. President nnd Mrs. Rooserelt the Groton College Infirmary Awaiting the Crisis. In GROTON, Mass., Feb. 10. "Theodore Roosevelt, jr., the oldest son of President Roosevelt, has double pneumonia. Other wise his condition is unchanged to-night. The boy is seriously sick, but it is too early to say what the chances are for his re covery." This was the statement issued by George Cortelyou, secretary to the President, at 9 o'clock to-night, and was made after a careful examination by Dr. Alexander Lambert, the family physician of President Roosevelt, who arrived here from New York at 6 o'clock to-night. President and Mrs. Roosevelt spent a long anxious day in the infirmary awaiting the crisis of the disease, which this morn ing appeared to have taken such a strong hold on their son. The change for the worse In the boy's condition occurred dur ing the night, and showed itself when the regular morning examination was made by Dr. Shattuck and D. Warren. Secretary Cortelyou, who is the only means of communication with the sick room, made the announcement this morn ing of the patient's serious condition, al though he said then it was not alarming. "His temperature is higher," said Mr. Cor telyou, "and his respiration is weaker than yesterday, but his pulse is better." He also said there was no Immediate change, only the natural progress of the disease. He announced that the disease had spread and involved both lungs. This sudden and unfavorable turn warned the President that the most skillful medical treatment was nocessary, and to night he called to the aid of Drs. Shattuck and Warren his family physician. Dr. Al exander Lambert, of New York, an emi- nent practitioner and a man well acquaint ed with the boy's physique. The decision to call Dr. Lambert was made after con sultation of the physicians and the Presi dent, and the doctor left New York at noon, arriving here shortly after 6 o'clock. Dr. Lambert was met at the station by the Rev. Mr. Peabody, the principal of the school, and driven to the Infirmary. After a brief consultation with Drs. Shat tuck and Warren he proceeded to the sick room and made his examination of the boy. The party then went over to Mr. Gardner's hou?e to dinner, and there the result of the doctor's examination was made known. It confirmed the diagnosis of the case which .had been made by Drs. Shattuck and Warren, and Dr. Lambert readily agreed with them that tho boy's condition was serious. The President remained in or near the Infirmary all day, walking over to the Gardner house for lunch shortly after 1 o'clock, and a little later taking a brisk walk about the school grounds, returning to the Infirmary in fifteen minutes. He diti not leave again until he went to din ner. Mrs. Roosevelt remained indoors all day, taking her meals in the Infirmary. She slept in a cot near hr son's bedside last night. During the day the telephone and tele graph lines to the White House were kept busX It was thus possible for the Presi dent o transact considerable executive husinef i of a presslnfl nature. Young Roosevc! was taken ill Ut Thursday aft ernoon, sc . that to-night he entered upon his fifth da-. The crisis is expected to morrow or Wednesday. 11 reports from far ire haven't gotten a paramount issue together. the sick room show that the patient keeps up his strength, and that he takes soma nourishment. It was learned to-day that another stu dent of the school. John E. Thayer, Jr., of Lancaster, is 111 with pneumonia at his home. The other two boys, Howard F. Potter, of New York, and William Gam men, of Providence, who are ill in the school building with the same disease, were reported slightly improved this morning. The bulletin issued from the sick room at 11 o'clock p. m. stated that the patient's condition was unchanged. The President spent the entire evening in the infirmary. The condition of young Potter and Gam men was said to be much Improved to night. Alarm Enrly This Morning. GROTON. Mass., Feb. ll..'.:30.a. m. The condition of Theodore Roosevelt, Jr., at this hour is apparently very' serious for lights can be seen in the infirmary and nurses and doctors are moving around. For the last half-hour the voice of the boy calling for water could be heard on the street. Noth ing could be obtained from the house but it is believed the patient is delirious. 3:30 a. m. The excitement in the in firmary has subsided and it is understood that the patient is now resting easily. An hour ago he complained of difficulty in breathing and the pain caused some de lirium. At this hour It Is said that the patient Is no worse than earlier in the night. NORA FULLER'S MURDER LATEST CRIMINAL MYSTERY AT SAN FRANCISCO UNSOLVED. Fugitive JIuncle Rnrkeeper Who Is Said to Resemble C. R. Haw kins Alibi for Another. SAN FRANCISCO, Cal., Feb. 10.-The mystery surrounding the murder of sixteen-year-old Nora Fuller, whose nude body was found in an unoccupied house on Sutter street remains unsolved. The result of the autopsy has made it practically certain that the girl was chloroformed and then strangled. Although she disappeared four weeks ago, when she met a man calling himself John Bennett, in answer to an ad vertisement for a girl to care for a child, the autopsy surgeon is positive that she was killed within the last ten days. Evi dence that she was strangled is found in the fact that there were abrasions on her neck and that a cord, small but strong, and measuring seven feet in length, with a bow knot at one end, was picked up in the room. On the strands were blood stains. Two handkerchiefs covered with blood also were found. A clumsy attempt had been made to burn the handkerchiefs, but they were only partially destroyed. There was nothing to Indicate that the pirl and Bennett, who. under the name of C. B. Hawkins, is believed to have rented the house, lived there. Neither water nor g&B had been turned on and the neighbors heard no sounds from the place. Among the few things found in the place was a large scrap of paper torn from the Denver Post of Jan. i. The man known as Dennett or Hawkins secured the key to the house on the day before the paper left the press at Denver and as he alone had access to tne place it was he alone who could have carried the scrap there. A dispatch from Muncie. Ind.. savs that three months ago there disappeared from that place a barkeeper who is alleged to have taken away $3.ti00 belonging to Mrs. Sarah Williams. The police of the country, it is stated, have been requested to arrest him. His description answers that of C. R. Hawkins or John Dennett, who rented the Sutter-street residence. The police, how ever, are without a positive clew to the supposed murderer's identity. An alibi has been established for M. A. Serebrenk. whose card was found in the purse of the dead girl. It was ascertained that he sailed' for China on the evening of Jan. 11. several hours before the girl's dis appearance. SUBWAY EXPLOSION. Three Men Chanted with Hewnnnsl. hillty for the l)ianter. NEW YORK. Feb. 10.-The coroner's jury which has been investigating the recent explosion of dynamite in the excavation of the Rapid Transit tunnel, returned a verdict to-day holding Ira Shafer, the sub contractor; Ernest P. Matheson. who was chief engineer of the works on the day of the explosion, and Moses Epps. the colored man who had charge of the powder house, as being Jointly responsible for the deaths caused by the explosion. HB AD QUARTERS. i REPUBLICAN MEETINGS WILL BE HELD OX MARCFI 14. Chnrles N. Elliott, Chairman the County Committee, .Issues the Call. of THE VOTING PLACES LATER DIRECT PRIMARY WILL ORTAIN IN COUNTY NOMINATIONS. The County Execntlve Committee nnd Election Commissioners Are Appointed. Chairman Elliott, of the county Repub lican committee, yesterday issued the call for the Republican primaries, which are to be held on March 14. The chairman also announced the county executive committee yesterday as follows: A. M. Glossbrenner, Edwin D. Logsdon, James W. Noel, Wil liam T. Drown, Sumner A. Furniss and Frederick A. Joss. The chairman has ap pointed the same election commissioners that served for the district primaries, as follows: First Ward Pearson Mendenhall. Second Charles E. Thornton. Third Henry W. Dennett. Fourth George W. Lancaster. Fifth Charles Hoskins. Sixth R. O. Hawkins. Seventh John L. Ketcham. Eighth Albert J. Middleton. Ninth L. 13. French. Tenth John L. Marsee. Eleventh William II. Brennan. Twelth S. A. Hogne. Thirteenth Ed A. Strong. Fourteenth James E. Twlnamc. Fifteenth Otto Hoffman. Center Township Byron Dawson. Decatur William C. Huffman. Perrs' James Norwood. Franklin O. A. Stanton. Warren James T. Layman. Pike Samuel C. Hume. Wayne William S. Johnson. Washlngton-R. C. Light. The call Issued for the primaries follows: "The primaries for the nomination of the various county and township offices, in cluding all nominations for county offices in Marion county and township candidates in Center, Decatur, Perry, Franklin. War ren. Lawrence, Washington. Pike and Wayne townships, will be held In each precinct in the county Friday, March 11, 1&02. Polls will be open at 11 oVloek a. m. and remain open until S o'clock p. m. Nominations will be made by direct vote of the Republicans, in accordance with the new primary election law. Candidates for the following offlces are to be nominated: One United States congressman for the Seventh congressional district. One prosecuting attorney. One Judge of the Circuit Court. Three Judges of the Superior Court. One Judge of the Criminal Court. Seven representatives to th Legislature. One county clerk. One auditor. One treasurer. One recorder. I One sheriff. One coroner. One surveyor. One commissioner. First district. One commissioner. Second district. Three county councilmen at large. Four county councilmen, one for each district. For Center township the following nomi nations will be made: Five justices of the peace. Five constables. Three members of the township advisory board. Four road supervisors. For other townships outside of Center, the following nominations will be made: Decatur Township. One justice of the peace. One constable. Three members of the township advisory board. Four road supervisors. Perry Township. Three Justices of the peace. Three constables." Three members -of the township advisory board. Four road supervisors. ' Franklin Township. Two justices of the peace. Two constables. Three members of the township advisory board. Four road supervisors. Warren Township. Two Justices of the peace. Two constables. THE COUNTY PRIMARIES Three members of the township advlsory board. Four road supervisors. Lawrence Township. Two justices of the peace. Two constables. Three members of the township advisory board. Four road supervisors. Washington Township, Three justices of the peace. Three constable. ' Three members of the township advisory board. Four road supervisors. 'Pike Township. Two justices of the peace. Two constables. Three members of 'township advisory board. Four road supervisors. . Wayne Township. Three Justices of the peace. Three constables. Three members of township advisory board. Four road supervisors. "All Republican of Marlon county are urged to attend the primaries and assist In nominating a ticket, to be voted for at the general election, Tuesday. Nov. 4. 13C Places of primaries will be designated and published later. "The board of primary election commis sioners will meet at the city clerk's of fice. Saturday, March 13, 1902, at 2 o'clock p. m., for the purpose of tabulating the returns and to declare the result of the primaries." NAMES OMITTED. They Should Hn-re Appeared In List of Republlcnn Candidates. A number of names were unintention ally omitted from the list of Republican candidates published yesterday. The names of Dr. Brayton and Dr. A. L. Wilson shouM have been in the list of candidates for coroner, and the name of Frederick K. Shepard should have been announced as candidate for auditor. The name of Charles Walters was omitted from the list of can didates for sheriff and Charles F. Baron j should have been mentioned as a candi- i date for county commissioner. Nomination of Joint Senator. The question of holding a primary for the nomination of a candidate for joint senator from Marion and Morgan counties is not discussed In the call issued by Chairman Elliot. It Is stated that the can didates will be asked to contribute to the expense of the primary election. Chairman Elliott and Secretary Negley will conduct the business of the committee from the city clerk's office until some time during the summer when headquarters will be opened. 3Inrion Club's Train. The Marlon Club is preparing to tako Terre Haute by storm to-morrow and hopes to take a good-sized crowd on the special train to attend the Lincoln League meet ing. The train will leave here over the Big Four about 10 o'clock and will start cn the return trip at any time the crowd is ready. The fare on the special train has been reduced to $1.75. The club will take with! It a band of twenty pieces. NAVAL ENGAGEMENT. Libertador Uslnfr Her Cnnnon on An other Venezuelan Gunboat. WILLEMSTADT, Island of Curacao. Feb. 10. Cannonading has been heard here from early morning In the direction of the Vene zuelan coast. It is believed the Libertador has been engaged with another Venezuelan gunboat. General Andrade, the former President of Venezuela, who reached this Island re cently, embarked on board the revolution ary steamer Libertador during the night of Feb. 7 and 8. The Libertador some days ago landed a force of insurgents on tho Venezuelan coast, and they subsequently took possession of the village of Cumarebo, situated near La Vila de Goro. The Vene zuelan gunboat General Crespo, which at tempted to prevent the landing, was fired upon and badly damaged by the Libertador. The Crespo had her propeller shaft broken and is reported to have sunk. The success of the Libertador has caused a sensation at Caracas, where great commotion pre vails. The news received there from the interior of Venezuela Is not favorable to the government. It is announced that the Insurgents are very active, especially in the vicinity of Barqulsimeto. The revolu tion against President Castro Is gaining ground visibly. OVATION TO GOMEZ. Demonstratfon at Santiago in Honor of the Cuban Patriot. SANTIAGO DE CUBA, Feb. 10. General Maximo Gomez arrived here to-night on his way to Santo Domingo. He was given a great demonstration. A large crowd had assembled with bands of music. The munic ipal police and the firemen also turned out to welcome him. General Gomez was averse to discussing the political situation. He said, however, that he believed the United State would fulfill its pledges to establish a stable government In Cuba. This he considered Impossible without close commercial rela tions between the two countries. He be lieves a reciprocal tariff will be necessary and said he felt confident that a reduction of 50 per cent, on Cuban sugar and to bacco imported to the United States would be granted. He also declared that the Cuban people would appreciate even a smaller reduction of the duties on these products. General Gomez is in good health and ex pects to return soon from Santo Doningo, whither he goes to visit a sick relative. GKEENE AND THE GAYNORS. Trial of Carter's Alleged Cocon up I Tu tors to Regln To-Dny. SAVANNAH, Ga., Feb. 10. The case of B. D. Greene, John F. Gaynor, E. T. Gay- nor and W. H. Gaynor. indicted jointly with 0. M. Carter, formerly captain of engineers. United States army, and Michatl A. Connolly, Carter's secretary, will bo called in the federal District Court to morrow. The Indictment charges conspiracy to defraud the government in river and harbor contracts, and it Is alleged the gov ernment was actually defrauded in a sum approximating $2h).uV). All of the de fendants are here with the exception or Carter and will appear personally in court to plead. Connolly will ask for a separate trial, and it is the understanding will be of assistance to the prosecution. If indeed he does not become a witness for the gov ernment. Captain Greene and the Gaynors. according to present arrangements, will to-morrow file a plea in abatement and a general demurrer to the Indictment. A large number of witnesses have been sum moned and are In attendance. FRANK JAMES A REFORMER. He Objects to the Gloriflrntlnn of Ont-Inwrj- on the Stne. KANSAS CITY. Feb. 10. Frank James, who at one time was a member of the fa- mous James boys' ganK. applied for an injunction in the Circuit Court here to- day, to restrain a theatrical company now playing at a local theater from pre senting the play "The James Roys in Mis souri." in which the memlers of the James family are made to represent the train robbers, bank looters and outlaws of the worst character. Mr. James says his main objection to the play I that it glorifies outlawry and makes heroes of them, and it is injurious to the youth of the country. The suit raises the question of whether or not a private citizen can le portrayed on the stage without his consent, whether It be to his credit or discredit. The at torneys argued the case late to-day and the court's decision will te rendered to morrow. Th-ply wes presented as uuai thla afternoon and to-night. A NEW RClOi i INDIANAPOLIS IXTnilUItnAN TER MINAL COMPANY'S PETITION. Ilequent for the Use of Many City Streets nnd nn Address Laid Refore the Hoard. CHARLES PLNLEY SMITH'S PLEA FOR PRIVILEGES ASKED HE OFFERS A TI1REE-CET FARE. AH Ilxeept One of the Inlrmrban Companies Entering: the City In terested In Proposition. x HUGH J. M'GOWAN'S LETTERS EXPLANATION OF CONTRACTS WITH CERTAIN OF THE COMPANIES. Alleged Misrepresentation About thi Union Traction Contract Local Company's Attitude. The secret of the long delay of the inter urbari electric railway companies in comin" to an agreement with the city of Indianap olis and the Indianapolis Street-railway Company was made clear yesterday morn ing when Charles Flnley Smith, a local Lanker, made a formal request of the Board of Public Works for a franchise to be granted to the Indianapolis Interurban Terminal Company. The petitioner is con nected with the Indianapolis & Martinsville Rapid Transit Company. He represented before the city board yesterday John W. Chlpman, of the Indianapolis & Greenfield Rapid Transit Company; William G. Irwin, of the Indianapolis, Greenwood & Franklin Railroad Company; W. L. Kann, of the Central Traction Company of Indiana; Wil liam Helfenbcrger, of the Indianapolis & Lebanon Traction Company, and the In dianapolis & Western Traction Company. The franchise which the board Is asked to grant makes the Indianapolis Interurban Terminal Company a rival upon the city streets for the business of hauling street railway passengers. It seeks the board's approval for entering the city upon certain streets already occupied by the Indianapolis Street-railway Company and upon streets not hitherto used by an electric railway company. It agrees to rrovlde a 3-ccnt fare for hauling passengers in the city limits, ii is proposed also In the franchise to establish a terminal stallon location to be chosen for tho convenience f a urban and city passengers alike. In the lranchlso there is no section which states that any sum of money shall be paid to tho city annually for the use of the streets, it being provided simply that the streets used shall be paved between tracks and for a reasonable distance on each side. Appended to the petition is the list of streets and alleys which the Indianapolis Interurban Terminal seeks to use. MR. SMITH S REASONS. With the formal petition Mr. Smith pre sented and read a statement of the reasons which led himself and the people he repre sents to enter the local street-railway business against the Indianapolis com pany. He intimates that the principal cause Is that the interurban men have tried without avail to secure terms from Hugh J. McGowan, president of the local com pany. Even If terms had been secured, Mr. Smith hints that an arrangement might not have been agreeable for the reason that the tracks of the Indianapolis company are not fitted, he says, to handle Interurban cars. To the mayor and the board he pre sented four reasons why the franchise asked for should be granted. The advan tage of a three-cent fare to the people gen erally Is cited first; the other reasons are: Street-car facilities to parts of the city not now reached at all; relief from the con gestion now present on the tracks of the Indianapolis company, and the Investment of a large amount of capital in Indianap olis. He assure the board that It has the power to grant to the new terminal com pany the right to use the streets asked for, and states that he and his associates are perfectly willing, if necessary, to lay the matter before the people of the city for i their action. When the petition and the statement read by Mr. Smith was presented to the board Mayor Rookwaltrr was present. No ac tion of any sort was taken, the mayor and the board assuring Mr. Smith that the request for a franchise would be taken under advisement and given the most care ful consideration. Until they have looked into the matter from all sides th? city officials refu?e to discuss the matter for publication. One statement was made yes terday by a member of the Board of Works which may have some .significance. He ald: "Have you noticed that this fran chise does not provide for any compensa tion to the city?" In the office of the board it was said yesterday that the filing of the franchise means the drawing out of the interurban question for ait Indefinite time, for the reason that the detail- to be considered are almost interminable. The text of the franchise and the statement of C. F. Smith are appended. Petition for streets. The petition submitted Is as follows: "Ths Indianapolis Interurban Terminal Company ' respectfully petitions that consent. icrmi8- i sion and authority be given to It to con struct, maintain and operate a double-track j street railroad, to be operated by electricity or other improved power, to be approved by i the Hoard of Public Works, with all proper i and convenient turn-out, switches, side i tracks, feeder lines and poles, which may i be necessary to the successful op ration of ) cl ?IH -J Iii ..ll'ljfe .111 I1(4J Hie streets, alleys, avenues and public place (,f Jiaitl clly hereinafter named and de- ! kt'--i,aM consent, permission und authority j shall be uion condition that threi' cents be the passenger fare within th city of Indl- anapoiis, iiieiuuuiK iiif iin urge oi one Tree trailer within said city between the dif ferent lines or routes of this company. It shall be further provided that this corn piny shall keep in rpalr th-t part of the street, alley or other public place lying between Its rails and for a reasonable "dis tance on the outside thereof, and shall im prove the same'from time to time as the remainder of the street may be improved. Inasmuch as it Is The purpose of this com pany to provide facilities for all present r future suburban or interurban r.illrn.id entering the city of Indianapolis, including the erection of a union interurban depot, a power stntlon. cr barns and modern ear repair shop with the mot imrroyed eMit. (CONTINUED ON PAviti mwu ' I I.. 11.. . I -