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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, April 25, 1901, LAST EDITION, Image 1

Image and text provided by Kansas State Historical Society; Topeka, KS

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1901-04-25/ed-1/seq-1/

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Widow of Allan Sells Expires
Suddenly Today.
Called For Help but Death Came
More Swiftly.
Recently Returned From Visit
to Will Sells in South.
Supposed That Her Sickness
Was Not Serious.
Left a Will But ProTisions Are
Not Known.
The Fortune is Probably More
Than $200,000.
Mrs. Sarah Anna Sells died this morn
ing at 3:40 o'clock at her home, 717
Quincy street of heart failure.
At 3 o'clock Mrs. Sells awoke and call
ed to her companion, M;ss Barbara
Tauer, who was sleeping in the next
room. She complained of difficulty in
breathing. Dr. J. E. Fie!;:, of Kansas
City, who was visiting at the hous, was
called and he administered stimulants
and a. consulting- physician was sum
moned but before he arrived Mrs. Sells
was dead. She did not speak after call
ing her companion.
Mrs. Sells had not been in the best of
health for some time but nothing ser
ious was anticipated. Mrs. Sells had
but just returned from the south where
the went to see the first performance of
the season of Will Sells' circus at Sa
vannah, Georgia, on April 6. She re
mained with the show for a few d?ys
and returned to Kansas City from Ala
bama. At Kansas City she was joined
by Mrs. Blanche McClellan, an old time
friend who used to live at the Chester
field hotel in this city when Mrs. Sells
managed it and lived there. Mrs. Mc
Clellan was lil after reaching Topeka
and her physician. Dr. Fick was sum
moned from Kansas City and was to
have returned there today with her.
On the train going to Georgia Mrs.Sel!s
was slightly injured by a collision. She
was standing near her seat arranging
her hat when the . train ran into a
freight. Mrs. Sells was thrown against
the seat and her knee was injured. Af
ter returning from the southern trip
Mrs. Sells was not feeling well and she
summoned a physician who told her that
Fhe was worn out and needed rest.
Mrs. Sel!s was the widow of the late
Allan Sells, one of the Sells brothers In
the circus business. Mr. Sells was mar
ried to Sarah Anna White about 35
years ago. Her home was near Colum
bus. Ohio. At that time Mr. Sells was
in the circus business and Mrs. Sells
traveled with him for several years and
took a. small part in the circus features.
Will Sells, known as their son, was
adopted by them when he was a few
months old. He was trained as a bare
back rider and was a feature of the cir
cus for many years. Later he held a
contract with the Barnum circus
and traveled abroad. He had trouble
with Bai num's and then started a. show
of his own. The Sells brothers objected
to his using the name of Sells for his
circus and law suits and a bitter fight
followed. Mrs. Sells sided with Will
Sells. He was in all ways a son to her.
When Mr. Sells died he was the own
er of a large amount of real estate in
and about Topeka and a stockholder
and director in the Central National
bank. Mrs. Sells inherited his properry
and has managed and looked after it
rince. When Mr. Sells died he was said
to be worth between two and three hun
dred thousand dollars. Mrs. Sells has
kept the estate intact but with depreci
ated values she is thought to have been
worth about $130,000 or $200,000.
Mrs. Sells owned her home on Quincy
Etreet. the Chesterfield hotel, the Park-hurst-Davis
building, a business house
on West Tenth avenue, considerable city
property and five or six farms in the
county. One of the largest farms is
known as the Sells farm east of Topeka.
At one time Mrs. Slls managed the
Chesterfield hotel. Not long ago she had
her home rebuilt and refurnished.
Not long after the death of Mr. Sella,
Mrs. Sells was married to Simon Green
span, of Topeka, who was many years
her junior. The wedding ceremony took
ijiace at Kansas City. Mrs. Sells never
allowed her second husband to have any
control over her property. About two
years ago Mr. Greenspan became insane
and was sent to the state asylum. After
a short stay there he was released as
cured but he still had hallucinations and
It was finally found necessary to send
him to a private asylum at Leaven
worth. He died there six months ago.
His own family paid his expenses at the
rrivate asylum and he was buried in the
Greenspan lot at Leavenworth. Mrs.
Sells will be buried beside the bodv of
Allan Sells in the Topeka cemetery." She
had her name of Sells restored in the
district court.
Mrs. Sells made a will some vears ago
and it is supposed that William Sells,
son, will be named as the heir to her
property. Mr. and Mrs. Sells had no
children. William Sells has been tele
graphed at Pratt City. Alabama, of the
death of Mrs. Sells and Mrs. Emma
White and Mrs. Rachal Colby, of Day
ton. Ohjo. sisters of Mrs. Sells, have
been notified.
Mrs. Sells is supposed to have been 62
Jears of age at the time of her death.
Although she hnd lived in Topeka for
more than '2t years. sJU very few knew
her intknately enough to know her fitre.
Mrs. Sills was a very large woman. She
was quite tail, standing: about 5 feet 10
Inches in height. She was very fieshv.
Hnd probably weighed over 3ea pounds.
Her weight was a delicate subject with
her. and for years she had not been
Wt-iphed. Mrs. Sells was a familiar figure
n the streets. She drove a white horse
in a low phaeton. The horse was the one
which Will Sells U3d to ride in the ring
same was Chesterfield, and the hotel
by that name near the Rock Island depot
was named for him. .
A telegram was received at noon from
Will. Sells, who is with the Sells-Gray
circuses in Alabama. He will arrive in
Topeka tomorrow, and the funeral will
probably not be held before Sunday.
Will Sells had considerable trouble in
the circus business, both while he was a
performer and after he became a man
ager. The Sells & Rentr'row shows, which
he was part owner of. failed after a sea
son's bad business. Two years ago Mrs.
Sells came to Will's rescue, and he was
enabled to go into partnership with Gray,
and for two years now they have had a
railroad show on the road.
Mrs. Sells left a will, which was drawn
up several years ago.
The will is in the charge of P. I. Bone
brake, and is locked in the vault of the
Central bank. It is not known what the
will contains, but it is generally supposed
that besides a few small bequests that
Mrs. Sells has left her fortune to Will
Sells' son. who is about 32 years of age.
The grandson was a great favorite of the
late Allan Sells, as Weil as of Mrs. Sells.
It is supposed to have been the desire of
Allan Seiis that his grandson inherit the
estate, anil it is thought that Mrs. Sells
carried out her husband's wishes.
Mrs. Sells owned a large number of
diamonds, valued at several thousand
dollars. She wore them occasionally to
the theater and at home when entertain
ing company.
Mrs. Sells was always fearful lest some
successful attempt would be made to
steal her jewels. Several unsuccessful at
tempts have been made to enter the
house. Mrs. Sells always had private
V '
Sarah Ann Sells Who Died Suddenly Today.
watchmen keep a close guard over the
house during the n:ght. For a year or
more Will and Al Hopkins have watched
the house, and everv evening before they
went on duty on their beats they report
ed to Mrs. Sells, and every night about
2 o'clock thev rang the front door bell,
and awakened her. so that she might
know that they were on duty and that no
one was in the house. This morning P.
I. Bonebrake took the casket of diamonds
and jewelry to the Central bank vault for
safe keepiiig. Mrs. Sells was a kindly dis
posed woman, and very often on rainy
nights, early in the morning she would
send for policemen and watchmen who
were near her home to come to her house
to warm and take some refreshments.
The reports of the county assessors
show that Mrs. Sells owned 778 acres of
farm property in Shawnee county andu
lots in the city. The figures of the as
sessors indicate that Mrs. Sells was
worth $175,000, but does not include the
out of town property, of which there
is considerable.
The following is a list of the city
property owned by Mrs. Sells: The
Parkhurst-Davis building, on three lots
on lower Kansas avenue: four lots and
the Chesterfield hotel; two lots on the
southeast corner of Kansas avenue and
First street: lots 202 and 204 Kansas
avenue, where the old John P. Cole
barn is; a lot at 150S Kansas avenue;
lots 26 to 30 Quincy street; 204 to 210
Monroe street; lots 524 and G26 West
Tenth street: lots 717 and 71!) Quincy
street, the Sells home; lots 1105 to 1111
Polk street; lots 730 to 734 Locust
street; lots 225 to 229 Quincy street; a
lot on Kansas avenue, near Gordon
street: lots 1401 to 1425 Clay street, in
Pierce's addition: lots 1330 to 1326 Bu
chanan street: lots 1400 to 1422 Buchan
an street; 14 lots in Throop's second ad
dition on Buchanan street: lots 1807 to
1813 Fillmore street, and six lots in
Swygart's addition on Sixth avenue
east. The assessed valuation of the
city property is $43,235 and the taxes for
1SO0 amounted to $2,261.16.
The country property included a tract
of 60 acres, another of 80 and one of 240
acres in Tecumseh township; a tract of
SO acres in Mission township: two
tracts of 160 and one of 80 acres in Mon
mouth, and 18 acres in Soldier town
ship. The assessed valuation of the
country property was $12,460 and the
taxes $39.11.
Mrs. Sells' personal property in the
city was given as having an actual val
ue of $6,090 and the personal property
on the Sells farm in Tecumseh town
ship to be worth $1,500. Mrs. Sells owned
19 shares in the Central National bank
at par value of $100 each.
Mrs. Sells' total tax for 1900 was $2.
650.27. The total assessed valuation
was $"5.e93. which in reality represents
about one-third of the actual value.
Mrs. Sells, although a wealthy wo
man, was not known as a giver, and in
her life her donations were few.
At one time it was understood that
she promised Dr. S. B. Alderson. then
pastor of the First Presbyterian church,
that she would do something toward
clearing the church of debt. It was sup
posed that she would pay half the in
debtedness, but Dr. Alderson left town
for another charge and the bequest was
never made. At numerous times those
interested in public institutions in the
city endeavored to get her interested.
She always listened to them but never
aided any of them financially.
And Keturn by Santa Fe Route $2.00
Account Odd Fellows' celebration.
Tickets on sale April 25 and 26. good
returning April 2S. Six trains a day in
each direction.
Language of aRepresentatire of
Porto Rican Planters.
Conditions Worse Than They
Ever Were Before.
Who, He Says, Are the Lowest
Class of the Inhabitants.
Tax Law Was Drawn Up by a
New Tork, April 25. When Dr. I. S.
Rowe of the Porto Rican code commis
sion reached here several days ago he
said in an interview that conditions on
the island had been much improved de
spite statements made by "a small ele
ment of the population in a spirit of
pessimism." To this assertion of Dr.
Rowe, exception is taken by Wenceslao
Borda, jr., a member of the commission
chosen by the planters', bankers' and
merchants' association of Porto Rico
to present to the United States govern
ment the ideas of that organization re
garding the state affairs on the island,
particularly in connection with the Hol
lander revenue law.
"Our people are starving," said Mr.
Borda in an interview, "and the island
is in a worse condition under the rule
of Gov. Allen than it ever was before,
even when Spain held sway. So hope
less is the state of affairs that fathers
sell their davghters to keep them from
dying of hunger. These people who say
the country is flourishing are the office
holders, representatives of that class
of professional politicians into which
Gov. Allen has fallen the lowest class
of all the island's inhabitants.
"This tax law to which we object was
framed by Prof. Hollander, a theorist,
with no practical knowledge of Porto
Rico. It was passed by the insular leg
islators a few minutes before they aa
journed. Gov. Allen signed the meas
ure immediately, although he had a
right to wait for ten days, which we,
who objected to the law, had every rea
son to expect bin to do. Meanwhile,
sure that he would wait, we called a
mass meeting of the business men from
all over the island. It was by that meet
ing that we were appointed commis
sioners. Those who appointed us repre
sent 60 per cent of the money interests
of all Porto Rico, and they are not poli
ticians. The mission on which we have
been sent here involves the life and
death of our corporate success or demo
lition in Porto Rico."
Mr. Borda and his associate, Mr. Bal
bas. have filed 18 objections to the Hol
lander revenue law. Chiefly they pro
test against the provision taking away
the right of redemption from the tax
payer who is delinquent for six months.
They oKject. too. to the excise taxes,
especially the one of 80 cents a gallon
on rum.
"Gov. Allen answers this last protest
of ours," said Mr. Borda, "by saying
that the tax on rum in the United
States is $1.20. so we ought not to corn
plain. He forgets that the rum indus
try here is only incidental, while with
us it is a principal industry."
Contract Wife Recognized.
San Francisco. April 25. The Examiner
says: Mrs. Clara Kluge-Sutro has se
cured from the representatives of the
Adolph Sutro estate a recognition of the
claims urged by her and her children,
Adolph Sutro. jr.. aged 9. and Adolphine
Sutro. aged 7 years. The settlement,
which is on the basis of $150,000, has been
agreed upon. The woman claims to have
been the contract wife of the late mil
lionaire mayor. It is intimated that she
may secure the famous Cliff house as her
share of the estate. Before his death
Sutro executed a deed conveying to these
children real estate in this city which
was then estimated to be worth $50,000.
No Consolidation.
New Tork. April 25. President W. A.
Roland, of the Detroit and Chicago Trac
tion company, denied the reports that ne
gotiations are under way between his
company and the Detroit, Ypsilanti &
Ann Arbor street railway looking to a
consolidation of the two corporations. Mr.
Boiand said: "There is no truth in the
report. We will enter into no consolida
tion and our road will be running to
Detroit by the first of October."
Weather Indications.
Chicago, April 25. Forecast for Kan
sas: Generally fair tonight and Fri
day; southerly winds.
n vim
M. Jules Siegfried Who Came Over in
Lincoln's Time.
Washington, April 25. The French
ambassador called at the White House
at 11 o'clock this morning and intro
duced to the president M.Jules Siegfried,
formerly minister of commerce, industry
and the colonies in the Ribot cabinet
and also an official of long service in the
French senate and in the chamber of
deputies. M. Siegfried's visit to the pres
ident recalls the fact that during his
last visit to American in 1861 he was re
ceived by President Lincoln and enjoyed
a pleasant exchange of views with the
president of that day. At that time the
forces of the North were hurrying
through Washington and M. Siegfried
accompanied Gen. McClellan in a review
of the army of the Potomac. In the call
at the White House today the president
spoke in most friendly terms of the re
lations between this country and
M. Siegfried was seen later in the day
and talked in an interesting manner on
the purposes of hi3 visit to this country.
He said:
"I come to look Over the remarkable
growth of America in all commercial
and industrial lines and to study econ
omic matters, which are being develop
ed. Naturally I am much interested in
the extension of commercial relations
between the two countries. There seer.?s
to be no reason why our mutual trads
should not be very largely increased
with advantage to both countries. More
ever, it seems to me possible so to ad
Just tariff concessions on both sides thtit
there will be no disadvantage to special
lines of industry or- production, the ex
change being encouraged more particu
larly on lines of goods which one coun
try produces and which the other does
not produce. There are great opportun
ities for an increased use in France of
the American products of Iron. It is
quite certain too that if the United
States takes the initiative in making
concessions France will reciprocate in
the fullest measure. The prevailing sen
timent in France is favorable to a pro
tective policy although personally I am
rather inclined to free trade. But in any
event I am quite sure that some middle
ground can be secured to the advantage
of both countries. I am glad to say
there is the most cordial sentiment en
tertained throughout France toward the
United States. This is traditional with
us, but there never has been a time
when the feeling was more genuine than
it is at present."
M. Siegfried was asked as to the re
cent reports that some of the European
powers might unite in a commercial al
liance directed against the United
"That might come about," said
he, "and it is an additional reason why
it is desirable to have the two republics
to enter into close commercial associa
tion." M. Siegfried also expressed an inter
est in the movement going on In this
country to build up the merchant ma
rine by the payment of subsidies. He
says that France already has a subsidy
system which assisted to a considerable
extent in meeting the commercial su
premacy of Great Britain on the sea
and he enters the view that like encour
agement in the United States would
bring about similar results ir. the devel
opment of the American merchant
He will remain in Washington until
tomorrow when he starts on an exten
sive trip through the west, visiting the
Carnegie works at Pittsburg and going
thence to Chicago, Milwaukee, St. Paul
and many other points, returning by
way of Canada to Boston and commer
cial centers in New England.
$1,600 FOR A BOOK.
Old Volumes Brine Big Prices at a
Boston Sale.
Boston. April 25. At Libbies in selling
the French library, the first of the Grolier
club vellum books brought $1,600, the top
price for a single volume. It was cata
logued as "A decree of star chamber con
cerning printing, made July 11. 1637. Re
printed lor the Grolier club from the first
edition. 1U37. New York. 1884." Charles
Scribner's Sons, the purchasers, also took
several other vellum copies of the Grolier
books at record prices, namely, the
"Rubaivat of Omar Hhayyam,' for $1,100;
Matthews' "Modern Book Binding." $900;
Charles Reade's "Peg Woffington." $4S0:
Devines' "Christoper Plantin." $350. and
the "Phillobiblion of Richard De Burr."
$C3. Seventy of the Grolier publications,
including twenty-six catalogues of the
club exhibitions, at $2 each, brought $7.
259. Outside of the Grolier club works
more record prices were obtained. Gold
smith's "Vicar of Wakefield." a rare first
edition, sold for $310. to Little. Brown &
Co.: Gautier's "Mademoiselle De Maupin'
went to Dodd. Meade & Co., for $540. and
Garrett's "Klizabethan Songs" on Japa
nese vellum, for $230. First editions of
Hawthorne and Holmes brought figures
higher than those at the famous Arnold
sale in New York. Holmes' "Autocrat."
an autograph copy, went for S510 to J. O.
Wright, of New York: Herrick's "Hespe
rldes." first edition. $320, to Geo. H. Rich
mond, of New Y'ork.
Attempt Is Made to Extort Money by
Chicago, April 25. A special to the
Tribune from Morris, 111., says:
An attempt to obtain 600 by a threat
ening letter was frustrated last night
by Sheriff Johnson and his deputies.
S. D. Holdermari of Erienna township,
a wealthy farmer, was the intended vic
tim. At the appointed hour and place
the officers secreted themselves and
placed a dummy package in lieu of the
money. The writer of the letter secured
the package, and in an attempt to es
cape was seriously wounded. He gave
his name as Warren Wayne and his
home is in Indiana. He is about 60
years old.
Americans Exacted Money From Ja
maican Laborers Wrongfully.
Kingston, Jamaica, April 25. Frank
Fuller and Thomas Smith, Americans,
have been sentenced to six months im
prisonment for having made false con
tracts here with Jamaican laborers to
work in Cuba. Fuller and Smith exact
ed passage money from each laborer
with whom they made contracts.
Blow at Christian Science.
Atlanta, Ga., April 25. Juge J. H.
Lumpkin of the superior court has dealt
Christian Science a blow in Atlanta by
refusing to charter an institution for
the treatment of disease by the Christian
Science method. In his decision the
judge says no person has the right to
treat disease unless he is either a reg
ularly licensed medical practitioner or
will pass a complete examination before
the state medical examining board. The
decision has excited much interest here.
Western Contracts in Two
Weeks Reach 200,000 Tons.
Almost All of This Amount Is
Expected to Exceed Any Year
Since the Early Eighties.
Trolley Line Building Growing
to Enormous Proportions.
Cleveland, April 24. The Iron Trade
Review, discussing trade conditions
this week, says:
The buying pace has subsided some
what in the past week and the lull can
only be welcome to overcrowded miils.
The large business done in the Chicago
district with the implement manufac
turers and other buyers of bars, is the
chief exception to the rule of light buy
ing; rails are another. It is estimated
that the western bar contracts closed
in the past two weeks will approximate
two hundred thousand tons, almost all
of it steel. The activity in rails in view
of the advance to $28, effective May 1,
which is expected to be made this week.
The year promises to make a record for
rail tonnage unequalled since the early
'80s . Trolley line building is growing
to remarkable proportions. Cleveland
alone has contributed contracts and in
quiries totalling 35.000 tons in che past
week for electric lines and the Cleve
land syndicates working in different
parts of the country have fully 650
miles of such roads either under con
struction or ready for the contractors.
Track laying as a factor in the pres
ent prosperity has scarcely been ap
preciated. Some of the rail mills are
unable to promise deliveries short of
October and the indications are that
the scarcity of billets due to the large
amount of steel going into the rails
will be a feature for some montns.
The fact that the agricultural works in
the Chicago district have come into the
market thus early for their next sea
son's supply is significant of the heavy
demand for implements and for har
vesting machinery that has developed
in many cases, taking up all the stock
carried over and all that had been
planned for this year.
The favorable character of the gov
ernment crop reports is another factor,
of which more and more is ire to be
heard in railroad buying as the season
advances. Railroad equipment pur
chases are likely to make a new rec
ord this year, car works capacity being
taken for months ahead. There -is no
sign yet of the speculative buying that
produced the furore in 1899.
In fact the parallel to 1899 of which
there is occasional talk, has no exist
ence. Buyers of pig iron are not work
ing up any anxiety on a runaway mar
ket and are very philosophically watch
ing the situation and buying for their
needs in the next three or four months.
Fight Between Clark and Harriman
Won by the Latter.
Salt Lake, Utah', April 25. The long
local fight for the possession of the
abandoned Oregon Short Line right of
way through southern Nevada and
southwestern Utah between Senator W.
A. Clark of Montana and the Oregon
Short Line, representing the Harriman
interests, has been settled in favor of
the Oregon Short Line.
According to a telegram received from
Washington by General Attorney Wil
liams of the Oregon Short Line, the
commissioner of the general land office
has reversed the decision of the Carson
City land office to the effect that the
claims of the Oregon Short Line and
Utah Northern and the Utah, Nevada
& California roads were without merit,
and recommends the approval of the
maps filed by the Utah, Nevada & Cal
ifornia road, organized two years ago
in the interests of the Oregon Shoi t
Line. It was over this right of way that
the construction for the Oregon Short
Line and Clark interests have so nearly
come into conflict. Vice President and
General Manager Bancroft of the Ore
gon Short Line said tonight that the
work of construction would continue t-
be pushed.
Strange Doings of a Holiness Church
in Minnesota
St. Paul, Minn., April 25. The Holy
Congregational church at Woodstock is
bringing to light the peculiar customs
of a religious society which has been in
existence there for some years, but
which until the present has never re
ceived much public attention. The so
ciety has for its motto "Holiness Unto
the Lord," and was originated by O. M.
Brown, a blacksmith, who formerly re
sided in that town.
Brown was an ingenious fellow, and,
though without education, he possessed
a strong influence over the people he
gathered about him. Many persons of
some prominence joined the ranks,
among them L. C. Presler, a well-to-do
farmer, and a member of the Congrega
tional church, the board of investigation
of which will soon take up charges
against him. Presler became Brown's
b?st pupil, and when financial difficulties
entangled Brown and compelled him to
leave town Presler became the leader of
the sect, and in a short time could have
given his former teacher pointers with
out number !n religious peculiarities.
The members of the sect are nearly all
members of some church, although most
of them affiliate with the Congregational
church. They hold meetings of their
own, at which no one is allowed to be
present except those known to be firm
to the belief. It is said that some of
tiese meetings are held in the dark,
and that those in attendance sit quietly
until the spirit moves them to speak,
sing or pray.
Presler is charged with bestowing the
"holy kiss" upon Mrs. C. O. Gibson, a
member of the flock. Each has a fam
ily, presler say3 that he received an
inspiration from God to kiss Mrs. Gib
son. He is also charged with refusing
to give up about 50 letters written to
him by Mrs. Gibson. All of the letters
"Dear Brother Presler, the Holy man
of God," and wind up: "Tours in Jesus."
Zephyr Gibson.
Causa a Serious Wreck on the C. H- &
D. Railroad.
Dayton. O., April 25. The south-bound
Cincinnati, Hamilton & Davton limited
was badly wrecked nine miles north of
Dayton near Johnson's station. The ac
cident was due to spreading rails which
caused the engine to leave the track and
plunge into a ditch. Behind it the bag
gage car and smoker upended and fell
Into the ditch. Engineer Dooiey of Lima
was killed, as also was his fireman, Ray--mond
McElroy, also of Lima. Frank
Weaver, brakeman, of Cincinnati, had his
left arm crushed and was otherwise se
riously hurt: George Thompson, baggage
master, of Cincinnati, suffered severe ab
dominal injuries; Fred Colts, of Sidney.
O., a passenger, was seriously cut about
the head.
Twenty Banks at Osaka Sus-
pend Payment.
Yokohama, April 25. Over 20 banks
have suspended payment at Osaka and
in the southern and central provinces.
The Bank of Japan has assisted them
but further trouble is apprehended. A
financial panic prevails.
New York, April 25. A. M. Townsend,
local manager of the Hong Kong and
Shanghai Banking company was asked
for information today with reference to
the failure of banks in Osaka. He re
plied: ,
"We have no advice regarding these
failures. They do not directly affect
foreign trade as they are only small na
tive banks. The financial position in
Japan is strained and such failures are
Boy Who Was Kidnaped Testi
fies Against Callahan.
Omaha, April 25. In the trial of Jas,
Callahan, for the kidnaping of Edward
Cudahy at the opening of court this
morning, young Cudahy told about the
light man's return to the prison house
about 11 o'clock on the night of the de
livery of the money. He summoned the
dark man to come down stairs, where
they remained about half an hour. At
the end of that time the light man came
up stairs and told the prisoner they
were going to take him home.
Edward told of the trip home, and of
his being set down by his captors on
Thirty-sixth street about a block north
of the pest house. He said that while
they were driving in, the dark . man
whispered to the light man and asked:
"Is this Sarpey Mills?" and the latter
replied "Yes."
The boy identified what appeared to
be a section from the leg of an old paw
of knit drawers and said this was the
part of the blindfold that was left on
him when he was turned loose and told
to keep walking ahead till he came to
Leavenworth street. i
Edward testified that he went back to
the house two or three days later and
recognized it. He said he knew it by
the outside steps and the broken places
into which he had stepped when blind
folded. He described the building and
told its location.
The boy was asked about James Cal
lahan and told of seeing the accused the
Sunday afternoon following Callahan's
arrest. He said Callahan and the chief
were talking and that Callahan was
rolling and smoking cigarettes.
Then came the boy's identification of
Callahan and it was positive and abso
lute. "You may state whether the dark man
who put a pistol to your head and made
you a prisoner, and who guarded you
most of the lime in the house and who
walked down the street with you and
bade you goodbye when you were re
leased was one and the same person?"
asked Gen. Cowin.
"It. was the same man." , ,
"Who was that man?"
"Jim Callahan."
"The defendant here in this case?"
"Yes, sir."
From this point on Callahan was re
ferred to by name and no longer as the
"dark man."
Callahan betrayed no emotion when
the kidnaped boy declared he was one
of the abductors, but a cynical smiie
played faintly over his features.
The boy testified that Callahan's mus
tache was stubbier than it is now, at
the time of the kidnaping, and that it
was stubbier when first arrested than it
is now.
At 9:4a o'clock Attorney Haller, for
the defense began the cross-examination
of young Cudahy.
The boy admitted that he had gon?
over the case with Gen. Cowin with ref
erence to what his testimony would be.
He again detailed the route traversed
as nearly as he could tell. He admitted
that the only direct view he hud of the
dark man's face was when he first ap
proached hini,.and admitted that at that
time he was pretty badly scared. The
boy said he could not have identified
Callahan from simply seeing him. He
said the police told him they had a man
Ihere and. wanted to see if he could iden
tify the prisoner as the dark man. He
admitted that he identified Callahan
principally by his voice, and said that
he would not be able to identify him by
his appearance alone.
In answer to a direct question, the boy
said he was as certain of the identity of
Callahan as he was of the identity of
his father, or mother.
He thought It hardly possiKe for there
to be another voice like Callahan's
He said Callahan had a sort of a
brogue, and gave a peculiar- turn to
some words and sort of talked through
his teeth. The boy admitted that he was
not positive as to Callahan's identity at
the close of the first interview in the
chief's office, but after a sfoond sitting
was positive in his identity.
The state made a strong point against
Callaha.. when John Rabbe, a younr
carpenter living about a black from Cal
lahan's sister, Mrs-Kelly at Fifty-fourth
and Pcppleton avenue, was called to the
witness stand. He testified, by knowing
Pat Crowe and that Crowe ca lied at Mrs.
Kelly's were Callahan was living about
20 times between October 23, when the
Kellys moved there and thf time of the
kidnaping. He said Crowe always came
the same way and went in the back door
w ithout stopping to knock. Witness said
he was working- for Anthony Crowe,
Pat's brother and Pat came- there twice
and that Anthony told him that it was
his brother Pat. The last time witness
saw Pat Crowe at the Kelly house was
December 14, four days before the kidnaping.
Higher Waters Appear to Be In
Store For Ohio Valley.
Stage of Fifty-eight Feet Passed
at Cincinnati.
During the Night Owing to
Floods in Tributaries.
Situation Has Reached tfto
Point of Great Distress.
Cincinnati. April 25. The flood sit
uation in this part of the Ohio valley
is much, worse today. It was expected
that it would reach its limit today her ?
and up the valley anil that it would not
exceed 58 feet at Cincinnati or eiaht
feet above the danger line. It passed
the stage of f8 feet here hist midnight
and the conditions for almost 2ij mile.-?
up the river are equally as bad.
The rise here yesterday afternoon
was at the average rate of one-hail!
inch per hour, but during the nlfrht tin
average rate of rising increased owitur
to rising tributaries below the Kana
wha, especially the Big Sandy, widen
had previously been falling. While the
limit of the present flood may be reach
ed today, it is feared that the riv
floods may keep the river about station
ary, when there might be a second flood.
The worst conditions are reported ac
Huntington, Cattiesburg. lronton anil
Portsmouth and the smaller places in
that district have reached the point of
great distress.
Since midnight the Ohio river here h:is
risen seven-tenths of a foot. The stayo
at noon was 58.7. As the river is still
rising as far us as Catlettsburg and the
Kanawha at Charleston is again rising
the inference is reasonable that the rirt
here cannot be checked befoie tomor
row, by which time it may reach a sta
of 60 feet or over. The weather here is
clear. Contrary to expectations the Ohio
river is still rising slowly at lronton.
Youngstown, O., April 25. The Mj
honlng river this morning broke all rec
ords for high water, being 12 inchvs
above the greatest flood ever known in.
the valley and is still rising an inch per
hour. Through the city the river is a
mile wide and has swept away every
thing loose within reach. The pumps .it
the waterworks have been working un
der water since last night and if breaks
in the machinery occur, the city will b.
at the mercy of the elements. Dumi?
the night the firemen were active wiia
boats rescuing citizens from the sub
merged dwellings. The Pennsylvania
fieisrht deoot is entirely surruunded by
water and traffic is blocked until the
floods recede.' During the nlsht a wash
out occurred on the Erie between her
and Sharon and passenger trains are be
ing run over the main line from Shen
ango to Leavittsburg.
Judgment AgaiHst Railroad Co.
in Two Important Cases.
St. Louis, April 25. Because an em
ploye remains in the employ of the com
pany when he well knows that a ris.c
is assumed by so doing, does not re
lieve the employer of the responsibility
if accidents occur. This is the gist off
an opinion handed down by the 1'nite.i
States court of appeals in the case of
the Southern Pacific company, plaintii?
in error, against Katie Yeargin. as ad
ministratrix of the estate of T. J. Year
gin, deceased. ,
The suit was originally filed in the
federal court of Utah by Katie Yeargiu,
who sought to recover damages for the
death of her husband, who was an en
gineer on the Southern Pacific until
killed in 1SS9 In a collision with a
"helper engine." ,
Judgment in the lower court was
given for Mrs. Yeargin, and from this)
the company appealed on a writ of er
ror. One of the instructions which the
defendant asked the judge to give 1 he
jury was that Shriver. engineer of the
helper, was a fellow servant, and if it
was proven that his fault caused the in
jury, the plaintiff could not recover.
The lower court refused.
Judge Ati os Thayer, who wrote th.i
opinion of the appellate court, held that
the lower court was correct in this uiid
said that if the helper engine had ha I
a headlight which could have been seen
two miles and a half. Instead of on
that could be seen only 2f0 yards. Year
gin might have seen it in time to liav-
stopped his train and avoided the acci
dent. The trial court had refused to ir
struct the jury that if Yeargin knew
that it was the practice of the defend
ant company to use only an ordinary
lantern on the rear of this helper. engine
when it was running backward, he,
with this knowledge, assumed the risk
incident to it. Judge Thayer said that
if such was upheld it would enable em
ployers to exercise reasonable tare m
providing them with tools, machinery
and appliances ordinarily safe an.!
adapted to the uses to which they an;
to be applied.
The opinion stated that ns the record
disclosed no error the decision of th
lower court would be nfiirmed. Ju-l""
Sanborn dissenting, held that the rail
road company was not guilty of negli
gence, but that the accident was cause !
by the act of a fellow servant and that
accordingly the case should have bee:i
"When there is a comparatively saf
and a more dangerous way known to a
servant by means of which he may dis
charge his duty, it is negligence for him
to select the more dangermis m h d.
and he thereby assumes the rik of. t n,
Injury which its use entails." So h' )d
the United States court of appeals In
the opinion handed down in the case oi
John Morris as plaintiff in error nesir.;t
the Duluth. South Shore - Atlantic
Railroad company, appealed f? on t h
United States circuit court for the dis
trict of Minnesota.
Morris sued for damages for the lo
of a leg while coupling cars, charei.ij
the railroad company with negiitrem e.
The decision of the lower court, fur t!s?
defendant, was sustained.
McPherson. Kan.. April 24. By th
explosion of a gasoline lamp in the co
operative store at Canton Tuesday
morning, two prison rs were bn. in
humed and a third. Bert Hubert, va n
so badlv burned that he may die. Ti n
ry Wedel tried tr fill one or the lami
when it ignited and in attempting' to
throw it out of doors it exploded.

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