The Topeka state journal. [volume], May 02, 1901, LAST EDITION, Image 1

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

Image provided by: Kansas State Historical Society; Topeka, KS

                
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THURSDAY EVENING.
TOPEKA, KANSAS, MAY 2, 1901.
THURSDAY EVENING.
TVO CENTS.
VkJ OK
A DAY
HEW ORLEAfl
The Crescent City Heartily
Welcomes the President.
He Starts Early on a Sight
Seein? Tour of the City.
YISITS A UNIVERSITY.
An Institution For Education of
Colored People.
Entertainment Programme Ex
tended Far Into Last Night.
New Orleans, May 2. President JIc
Kinlty, accompanied by Governor Heard
and Mayor Capdeville and escorted by a
mounted detachment of police and the
Iuisiana cavalry troop left the St.
Charles hotel at 9:20 after breakfasting
in his apartments with Mrs. McKinley
and proceeded to the Southern univer
sity, a colored institution, where he was
enthusiastically received by the faculty
and students. The weather today is
clear and warm.
As the president entered the grounds
of the university he was welcomed w ith
"Hail to the Chief." sung by a chorus
of 1,000 school children and accompanied
by the students' orchestra. Addresses
were made by Geo. Alexis and Krnestine
31. Theopole, bright pupils of the school,
and the president made a felicitous re
sponse, in which he said, addressing the
negro children:
"I am glad to know that all over the
south, where most of you dwell, the
state has provided institutions of learn
ing where every boy and every girl can
prepare themselves for usefulness and
honor under the government in which
they live. The thing- today is to be
practical. "What you want is to get edu
cation, and with it you want good
character, and with these you want un
faltering industry, and if you have
these three things, you will have suc
cess anywhere and everywhere. God
bless you."
Five thousand negroes attended the
reception, among them leading members
ot tne local race.
From the Southern university
the 1
president was driven to the historic
Cabildo facing Jackson Square, where
a multitude of people had gathered. It
was within the Cabildo. in the row now
occupied by the state supreme court that
the transfer of Louisiana territory by
France to Governor Claiborne, the
American commissioner of President
Jefferson occurred.
The president was received today by
Governor Heard, the state officials and
the members of the supreme court-:
promptly at noon and was escorted to a
seat on the right of Chief Justice Nieh
olls. President Alcee Fortier of the
Louisiana Historical society was recog
nized by the chief Justice and delivered
an address on the historical associations
of the Cabildo. The president made a
brief reply and an official record was
made on the minute3 of the visit of Mr.
McKinley to the court.
Afterward the president spoke brittly
from the balcony to an immense as
semblage in the streets. A national sa
lute brought the ceremonies to a close.
During the parade here yesterday af
ternoon as the presidential party was
being escorted to the hotel a wheel came
off the carriage occupied by Secretary
Hay and Postmaster General Smith.
The carriage was moving slowly and
neither the secretary of state nor the
postmaster general was injured. They
immediately entered another carriage
and resumed their place in the parade.
The incident escaped general observa
tion at the time and was not generally
known until this morning.
TALKS ALONG THE WAY.
President Responds Feelingly to Tes
timonials of Esteem.
Wesson. Miss., May 2. A stop of a
minute was made here to permit the
president to see the operatives of the
Wesson mill, one of the largest cotton
mills in the south. About 150 employes
greeted the president, and he made a
few remarks, as follows:
"This was not on the programme, but
It was desired that I might see not
only this great plant but the happy,
contented people it employs. This is a
most interesting and gratifying inci
dent of my trip, to see the working peo
ple of this great mil) come out at a
time when they are so busy to join with
others in giving me greeting as I
Journey through your state. The hap
piest people in the world are those w ho
are best employed. Work means wages;
wages mean contentment and bring to
the home opportunities for the educa
tion of the children, and it is the boast
of our civilization that every boy and
girl in the land can aspire to the high
est position of trust and honor."
Secretaries Hay and Wilson and Post
master General Smith also spoke here.
At McCoomb. Miss., the train stopped
a minute, and the president made a few
remarks. He said:
"My Fellow Citizens I thank you for
this very warm welcome. 1 think vour
greeting warmer as we move southward
but in all our journey we have been
welcomed by warm hearts to southern
hospitality, and we wiil carry with us
through our long tour no happier mem
ory than that of our visit in the south
ern states. I have been glad to note
that every section of the south shares
In the general welfare and in that uni
versal prosperity with which the coun
try is so signally blessed. We have a
larger prosperity than ever before, with
higher national and individual credit.
The lender now is looking for the bor
rower. Rates of interest are lower,
money is easy and more plentiful and is.
going into our great productive enter
prises and thereby furnishing employ
ment to labor. Labor earns wages, and
these wages go into the homes and into
the communities of the country to bless
them and make happy firesides.
"What we want in this country, now
having reached a point of developnent
where we can more than supply our
own demands, is a foreign market in
distant lands. We want to send the
products of our farms, our factories
and our mines into every market of the
world make the foreign peoples famil
iar with our products; and the way to
do that is to make them familiar with
our Hag."
In response to Governor Longino's in
troduction to the people at Jackson,
Miss., Mr. McKinley said:
"I have received in the course of my
journey from the capital of this nation
many hearty and generous receptions,
but none that was more interesting or
more memorable than the welcome ex
tended by " the governor of your state,
and I thank you froaa the bottom of my
heart. I thank your governor for his
announcement that I am president of
all the country, all the states and all
the territories of this great country;
president by poular vote of every sec
tion of the union, by virtue of forms
and rules laid do wit by tne constitu
tion of the United States. 1 am con
vinced that in our nation, and our sense
of duty and of honor in every part of
the world, we stand as one people.
This country of ours has been growing
in the past few years, grow ing whether
we wanted it to grow or not. The war
with Spain started us to growing and
we could not help it if we would. Our
growth has made new problems, but the
American people have faced them and
will continue to face them. We will
have our differences men always
would but we have more agreements
than differences. We may differ as to pol
itics, agree as to principles ; but we keep
in the home circle and settle our differ
ences among ourselves, and what is
the grandest tribute in the world to
the American people, we have settled
matters of foreign policy in the past
to our satisfaction, and will treat new
ones in fear of God."
Turning to his car door the president
called on Secretary Hay. Mr. Hay
spoke and then. Introduced Postmaster
General Snith. and Mr. Smith in turn
introduced Mr. Hitchcock. Mr. Hitch
cock introduced Secretary Wilson, who
said :
"We heard before we left Washing
ton that there was no north and no
south, but we have discovered that
there is a south, and that it has a great
big heart in it."
Mr. McKinley stood on the platform
and shook hands with hundreds who
crowded around as the train started
out. Mrs. McKinley was not feeling
well, the president explained, and could
not respond to calls.
THIRD DAY OF THE TOXJR
Ends at New Orleans With, a Most
Elaborate Reception.
New Orleans. La., May 2. The presi
dential party traveled across the cotton
belt yesterday from Memphis almost to
the Gulf of Mexico. Down the low-lying,
rich Yr.zoo valley, fertile as the Nile, to
Yieksburg. teeming with its memories of
SO years ago, thence east to Jackson, th-i
capital of Mississippi, and from there
down into the land of the magnolia and
the orange to this old romantic city near
the mouth of the Mississippi, with its
traditions of French and Spanish rule.
The outpourings of the people to see the
presidential train along the route were
larger if anything than on the two pre
vious days and the demonstrations at
Yieksburg and Jackson, the two principal
stops, were very striking.
Tile visit to Vicksburg was in some re
spects the most interesting yet made.
Here a triunphul arch of cotton bales
bearing the maic words 'Expansion."
pointed out to the president as he passed
I under it. the path of the new South. Al-
any stops after leaving Jackson, the train
was halted at several ot the smaller
towns where cotton roills are located to
permit t he president to see and speak to
the operatives. At some of the stations
the crowds actually empeded the passing
of the train and the engineer was obliged
to slow down t o avoid danger of running
over enthusiastic people. As the sun was
lowering the train crossed the- bayous,
with their tangles of moss covered
cypress and live oak. and skirting Lake
Ponchartrain. steamed into New Orleans.
This is ihe first time New Orleans has
ever had a visit from a chief magistrate
of the nation, and it was a royal recep
tion which the old city extended to Pres
ident McKinley. Mr. McKinley has been
here before. He made a notable speech
the year preceding his nomination for the
presidency, and ex-President Cleveland
was here upon an occasion between his
two terms, but never before has a presi
dent, while in oftice. visited the crescent
city. The air was full of the boom of can
non and the scream of the whistle from
the harbor craft as the train came into
the station. Here the president and his
party were greeted by tv. Howard.
Mayor Capdeville, Senators McEnery and
Foster, the entire Louisiana delegation in
congress, the city council and representa
tives of the various exchanges. While
the mayor was formally extending the
hospitality of the city to the president a
rine military band was completely drown
ing his words with Xew Orleans' favorite
air. "Louisiana." The president and hi:
cabinet passed out of ttje station between
a line of smart looking militiamen on one
side and a smarter laoking line of young
cadets from the Jesuit military college
here on the other. The boys ranged in age
from 8 to It. but despite their youth they
made a tine appearance in their gray uni
forms as they presented arms to the pres
idential party. Outride the governor's
staff, resplendent in gold lace and mount
ed on plunging chargers, awaited the
presidential party, The crowd around the
station was so dense that it required the
heroic efforts of the police to keep the
path to the carriages clear.
A big military parade, consisting of the
Louisiana cavalry troop, the Washington
artillery and all militia from this end of
the state, escorted the partv to the St.
Charles hotel. The citv was liberally, but i
not lavishly, adorned with the national
colors. The crowds in the streets were
tremendous. Never, except in Mardi Gras
t imes, were they known to be so thick
and jammed with surging humtinity. The
iron wrought galleries which embroider
the fronts of the buildings here with their
tine traceries fairly groaned under their
burdens of human freight. The feature
of the crowd was the great number of
handsome women who watched the pro
cession from the windows and galleries.
Mrs. McKinley and the ladies of tho par
ty dined quietly at the hotel and later re
ceived the ladies of New Orleans. The
president and his cabinet, with the other
gentlemen of the party, were given an
elaborate banquet at the, hotel in the
evening. About 300 of the prominent men
of Xew Orleans planned the banquet, said
to have exceeded in every respect any
thing heretofore in the city.
RESPONDS TO A TOAST.
President Pays a Glowing Tribute to
Jefferson and Jackson.
New Orleans, May 2. Senator Mc
Enery presided at a banquet given last
night in honor of the president. Gover
nor Heard, Mayor Capdevieile and the
president responded to toasts.
It was half past 12 when the president
rose to speak. He said;
"Mr. Governor Heard, Mr. Mayor and
Gentlemen: I can not find praise or
speech to express the profound appreci
ation which I feel for the warmth of
your welcome and for the gracious
words spoken in your behalf by the
governor of your commonwealth and the
mayor of your city. Since my journey
ing through the south, leaving Wash
ington last Monday morning, I have re
ceived in every state through which I
have passed, in every city and village,
town and hamlet, a genuine greeting
from all the people and tonight I have
the crowning consummation of a wel
come from the representative people of
this Crescent city.
"The governor has well said that he
(Continued on Sixth Page.)
ANSWERS CALL
Judge John T. Morton Passes
Away Peacefully.
Was For Fourteen Years Judge
of District Court.
HAS BEEN FAILING.
Two Years Ago Suffered a
Stroke of Apoplexy.
Since Then He Has Not Been In
Active Life. "
Judge John TillsonMorton died at his
home .on Topeka avenue Wednesday
afternoon, at the age of 80 years.'
Hia death was not unexpected. Two
years ago he suffered a stroke of apo
plexy from which he never completely
recovered. Paresis had been gradually
coming on, and his death came peace
fully. Judge Morton was for 14 years Judge
of the district court of this district. He
was born in Plymouth, Massachusetts,
September 7, 1S21. In 1S27 the family
immigrated to Hillsboro, Montgomery
county, Illinois. In 18S7 the family re-
JUDGE JOHN T. MORTON.
moved to Quincs-, Illinois, where Mr.
Morton graduated from Illinois college,
class of 1843. He immediately began
the study of law at Quincy in the
office of O. H. Browning, afterwards
Secretary of the Interior, and was ad
mitted to the bar in 1844: located in
Mount Pleasant, Henry county, Iowa,
and ' entered upon the practice of his
profession.
In lS4ti he was elected a member of
the house of representatives of the first
legislature of the state of Iowa, and was
speaker pro tern, and served in the ses
sions of 1846-47. In 1848 he was elected
district attorney and in 1850 was elected
to the state senate. But after serving
one session resigned; was editor of the
Mount Pleasant Observer for about two
years. In the fall of lSrl he returned to
Quincy, purchased a half interest in the
Quincy Whig and edited, that paper un
til the spring of 1861, when he sold out,
and was inclined to look upon his nine
years of editorial experience as time
wasted, believing that only practical
printers are capable of profitably man
aging a printing office.
In 1861 he removed to Topeka, and was
appointed clerk of the United States
circuit and district courts, serving un
til the fall of 1863, .when on the death of
Judge Archibald Williams and the ap
pointment of Judge Delehay, he was, to
use his own expression, "invited out,' a
circumstance which may be accounted
for by the fact that he was anti-Lane."
In 1864 he - was unanimously elected
secretary of the Kansas senate: and at
the close of the session resumed the prac
tice of law at Topeka. as a junior mem
ber of the firm of Martin and Alorton,
ex-Judge and Senator John Martin be
ing the senior member.
In 1S66 he was elected probate Judge of
Shawnee county, and was chief clerk of
the house of representatives of 1SK6-7-S.
In 186S he was elected judge of the Third
judicial district without opposition; re
elected in the same manner in 1872 and
'76, and in 18S0 was again re-elected by
a good majority over a worthy and pop
ular opponent. Owing to a failing
health he resigned in 1882 after a con
tinuous service of 14 years. Since re
tiring from the bench he followed the
practice of law, forming a partnership
in 1SS9 with Mr. Mason C. Clark under
whom he also associated his son, Chas.
H. Morton, then recently admitted to the
bar.
Judge Morton was married October 10,
1S46, to Miss Mary F. Wyman of Quincy,
111., who died in 1S54, leaving one child,
a daughter. April 4. 1S67, he married
Mrs. Clara Ottinger of Topeka, who is
the mother of Charles Morton.
Judge Morton's legal attainments
were of the highest order being supple
mented by an honest, unbiased judg
ment, and an acutely analytical mind.
His arguments to the court.and address
es to the jury were received with a pro
found respect.
Kdgar W. Dennis, in writing of
his qualities as a judge and his person
ality, in 1879, said:
"The judge is a man of great com
mon sense, has a thorough legal educa
tion, and with these combined with a
clear and solid judgment. He is justly
regarded as one of the ablest jurists
that ever presided in a Kansas court
and would honor any judicial position.
His written cpinion are models of clear
statement and sound logic, couched in
terse plain Saxon; his instructions to the
jury are in simple language but are ex
ceedingly lucid and easy to be under
stood; his manner upon the bench is
courteous and obliging to all; he is held
in the highest esteem by his brother
judges throughout the state, and is gen
uinely popular with the people and
members cf the bar in his own district.
"The fairness, impartiality and justice
of his opinions and judicial decisions are
net disputed, and on or off the bench, as
lawyer. Judge or citizen, the square
manhood of his character has never
been questioned."
In person Judge Morton was tall, of
commanding presence And good address.
He was kind and indulgent to his fam
ily, always considerate of the feelings
of others, social in' his disposition, and
always frank, candid, hearty and man
ly .abhoring a mean act either in public
or private life, and in manner and habit
wa3 one of "nature's gentlemen."
OVER . 600,000 ACRES.
Auditor Cole Finds Much Un
sold School Land.
State Auditor Cole has about conclud
ed the compilation of the school lands
available for settlement in the state.
The figures secured from the county
clerks have been carefully arranged and
computed.' A total of 670,187 acres is
found to be in the state. Of course the
larger part of this land is in the west
ern half of the state. A statement giv
ing the details of the conditions and
means of settlement is being prepared
to go with the statistics in circular form.
School lands bought for settlement
have their value determined by appraise
ment. The new law reduces the mini
mum appraisement per acre from $3 to
J1.25. A considerable demand is expect
ed for these lands when the immigration
tide attending the opening and disap
pointments of the Kiowa-Comanche
country comes along.
SAf HANTS JUMP.
Common Stock Went Up Twelve
Points in New York
Influenced by Rumors of Trans
continental Deal.
New York, May 2. The sensational in
terest in the stock market today shifted
from the recent favorites to Atchison, al
though active interest continued in Union
Pacinc. The erratic movement of the lat
ter stock and its tendency to reaction
prompted the spectators to turn to some
new field. Atchison was strong from the
opening and held firm during the early re
actionary period and the general market
became weak early. About the middle of
the session the movement became wild
in much the same way as that of Union
Pacific yesterday, and Atchison was
forced up by wide strides and by the tak
ing of long strings of l.iXK) share lots up
to G.0"0 share lots to about ;S. a rise of
nearly 12 points over last night. There
was no news to account for the rise, but
buyers expressed a, belief that the road
was to be included in a transcontinental
project to offset the Burlington deal. The
rest of the market was comparatively
quiet today. ,
REID WASN'T HURT.
It Was HiFather-in-Law, Mr. X. O.
Mills.
Ogden, TTtah. May 2. Second section
of No. 6, Southern Pacific, which was
wrecked at Kmigrant Gap. Calif., reach
ed Ogden today. IX O. Mills and White
law Reid were on the train but declined
to be interviewed.
According to the passengers the train
struck a rock and was just pulling away
from the obstruction when the excur
sion train crashed into it from the rear.
Mr. Mills private car which was on the
rear of the train was demolished and
the engine and one car of the excursion
train were alsu damaged. Mr. Mills was
cut on the hand and bruised about the
head. Mr. Reid escaped injury. The
injured passengers were brought here
and attended to by the company's phy
sician. None of them is seriously hurt
and all proceeded on their way east.
SAILINGS FOR MAY."
A Number of Regiments Will Return
From Manila.
"Washington. May 2. Major Miller, chief
quartermaster at Manila, has cabled the
war department an approximate schedule
of the sailings of transports f rom Manila
with troops to be mustered out of service
as follows:
May 10 Hancock, with the Thirty-first:
Euford with the Forty-first Pennsylva
nia with the Fortieth.
May 20 Logan and Kilnatrick with the
Thirty-eighth, Forty-third and Forty
Fourth": Indiana with the Forty-second.
May 25 Grant with the Forty-eighth
and Forty-ninth; Ohio with the Forty
seventh. If there should be any surplus they will
be sent on the Thomas.
THIS IS FUSSY.
Visitors to the Penitentiary May Be
Charged Admission Fee.
The new staff took charge of the state
penitentiary Wednesday. E. B. Jewett,
of Wichita, went in as warden, succeed
ing J. B. Tomlinson, and with him went
J. W. Dobson, of Medicine Lodge, as as
sistant, succeeding W. A. Thompson, of
Topeka.
Only one new guard was put in, and
he fills a vacancy. The warden and
board say they will make no further
changes at present.
The new prison board is in session.
They are considering the advisability of
making a rule to charge each visitor to
the prison ten cents admission fee.
TWO K. P. LODGES IN ONE.
Home and Valiant Complete
Their
Consolidation.
Home lodge No. 155 and "Valiant lodge
No. 179. Knights of Pythias, completed
their consolidation, and Valiant lodge
No. 155 celebrated the event by having
a. social session and banquet at their
hall, corner Sixth avenue and Quincy
street, last evening. Five-minute talks
were Indulged in, interspersed by hu
morous stories and experiences. The
Knights of Pythias band was present
and furnished music for the occasion.
The band numbers about twenty-five
pieces, and is becoming an important
factor of that order. About eighty
knights sat down at the lodge banquet
table and partook of efreshm ents..
Bv the consolidation of the two lodges
Valiant lodge No. 155 has a very strong
membership.
Shutting Out Typhus.
Washington. May 2. Extra precau
tions are being taken to prevent the
spread of fever from Mexico into this
country. Health officers are regularly
inspecting every train crossing the
frontier, but no case of infection has
been reported from this side of the line.
New Ships For American Trade.
Copenhagen, May 2. The United States
Steamship company of Copenhagen has
ordered six new steamers of 1,2000- tons
each for the United States trade. On ac
count of the increase in American ex
ports it has been decided to open a reg
ular line to Boston and increase the num
ber of steamers on the New York and
New Orleans route.
Plague at Stamboul.
Constantinople. May 2. A case of. ill
ness has occurred at Galata (the largest
suburb of Constantinople which is ofrt
ciallv pronounced to be bubonic plague.
Precautions are being taken to prevent a
spread of the plague.
IALL IS HELD.
Policeman Who Killed George
Head Bound Over.
Judge McCabe Fixes His Bail at
$5,000.
DETAILS OF THE STORY
Two Witnesses Say Head's
Hands Were Up.
Doctor Tell How the Blow
Caused Heath.
Policeman S. M. Hall was bound over
in the city court this morning on $5,000
bond to stand trial in the district court
on the charge of killing Geo. W. Head.
Hall expects to furnish bond.
Otis Hungate prosecuted the case for
the state and J. S. Ensminger appeared
for Hall. Chief Stahl and Policeman
Hall sat close behind Ensminger. Hall
was neatly dressed in citizen's clothes.
Mrs. Head, who swore to the com
plaint, was not present at the begin
ning of the trial. One witness had been
examinee! before the complaining wit
ness entered. It was about 9:30 when
Mrs. George W. Head, wife of the dead
man, her two children, a boy and a
girl, and Head's divorced wife took
their seats behind Prosecuting Attorney
Hungate. Both Mrs. Head and the
former Mrs. Head were dressed in
mourning. They said not a word and
did not even consult with their attor
ney. The children were well behaved,
and played around the court room in
ignorance of what was going on.
Mrs. Head showed no emotion until
the preliminary 'examination had been
concluded. Then her little girl went to
her to have her bonnet tied on. The
mother leaned over the child and tied
the strings. Policeman Hall was on the
opposite side of the table, ready to leave
the court room. The little girl saw him
and pointed to him. The mother looked
to see who the child saw. She saw Hall
standing not six feet from her. Her
eyes flashed. She gave the bonnet
strings a little jerk. "There is the
man," she said, with so much emotion
she could hardly speak. "He was the
man who killed your father." she con
tinued, looking intently at the child.
There were fourteen policemen in the
court room besides Hall and Chief
Stahl. When the trial was over they
crowded around Hall and accompanied
him to the county jail, where he will
remain until he furnishes bond.
The divorced wife of George Head
was as deeply interested in the pro
ceedings as the widow. She told At
torney Hungate that if any money was
necessary to be used in the prosecution
she would see that it was furnished.
Dr. C. E. Judd was the tirst witness
called. He explained the fracture of
Head's skull, and was asked by Attor
ney Hungate what caused the death of
Head. .
"Death resulted from the fracture of
the skull," replied Dr. Judd.
On cross-examination Attorney Ens
minger asked, "Was it a sevis-e blow or
a light blow?"
"Not as hard as it might have been,"
replied Dr. Judd, ,
"Was the ekull crushed?"
"There was no apparent' crush."
Dr. Judd testified that the organs of
the dead man showed the effects of the
use of alcohol.
"If he had been in proper physical
condition would death have resulted?"
"It probably would."
"Do not the conditions of the bones
have a good deal to do with a case of
thi3 kind?"
"Yes." I
"Was not this man's skull brittle?"
"No."
"If this man had been in a. healthy
condition would he have died so soon?"
"I don't know."
"Would not the use of alcoholic liquor
render the skull brittle?"
"Not to any noticeable degree."
"A man of his age would have bones
more brittle than a younger man?"
"Yes."
"Would not alcohol superinduce brit
tleness?" "No. I think not,"
"From the fact, that this man did not
stagger it must not have been a heavy
blow?" ' , . ,
"Not necessarily."
"Would not an ordinary blow have
staggered him?"
"I don't know."
H. L. Herring.proprietor of the Adams
House, was the next witness called. Mr.
Herring testified to seeing the trouble
when Policeman Hall struck Head.'
"I saw Head come across the street
and take a position near the people
holding a religious meeting," said Her
ring. "What did you see?" asked Attorney
Hungate.
"Nothing unusual at that time. Th!
first I knew some one said George Head
was there having a good time."
"What was Head doing?"
"Nothing that I noticed."
"What was the next thing you saw?"
"I noticed the crowd moving back and
I saw Hall leading Head out of the
crowd."
"How did he have hold of him?"
"With his left hand."
"What happened then?"
"The next I knew was when Hall
struck him."
"What happened then?"
"I thought Head had his hands up."
"What did Head say?"
"I thought he said 'Wait" 'three times."
"What happened then?"
"Hall struck him." f ;
"Did vou hear the blow?"
"I did."
"What happened then?"
"Head sided off and got hold of a lamp
post."
"Did you see Mr. Head making any re
sistence before the blow was struck?"
"No more resistance than any man
would make who was being led."
. "Did you see Head strike Hall?"
"No."
On cross-examination Attorney Ensmin
ger said:
Didn't Head turn around and striko
Hall?"
"No."
"Head might have struck Hall and you
not see it?"
"He mie'ht."
"When Hall struck him did Head stag
ger?" "No."
"What kind of a blow was it Hall
struck?"
"A short, ouick blow."
Dr. R. K. Euckmaster was called. "We i
found a fractured skull," said the wit
ness, i
"What do you think was the cause of
his death?"
"The immediate cause of his death, was
the fracture."
On cross-examination Attorney Ensmin
ger said: "The blow to a man in the
condition Head was. would be more like
ly to be fatal than to a healthy man?"
"He could not withstand it so well."
"Were this man's bones in a more or
less brittle condition?"
"No: I didn't think so."
"From what you discovered did it indi
cate a hard blow?"
"It seemed that it must have been a
pretty hard blow."
On redirect examination Attorney Hun
gate asked if the fracture was not in a
dangerous place and a place where frac
tures generally cause death, and Dr.
Buckmaster said it was.
T. J. Mann was the next witness. H-3
lived at the Adams house and saw the
trouble.
"Did you see Mr. Head's hands?" '
"Yes; he had his hands up in the air."
"When was Head struck?"
"Hall struck him while his hands were
in the air." v
"What happened after Head was
struck?"
"He sort of turned around."
At the conclusion of Mann's testimony
the state rested, and Attorney Ensminger
said there would be no testimony for the
defense, as the only question was the
question of bail and the imount of the
bond, as the testimony showed it not to :
have been murder in the tirst degree.
Attornev Huneate said he thought the
evidence showed that the case was one
of murder and unbailable.
"The question for the court to deckle is
tne amount or nona. saia Juuere .McCabe
"Defendant Hall will be bound over to
tne district court on o,uw bond.
TRYING JODODGE.
Mr. Parker Says His Position
Is Misrepresented.
Still Willing to Stand by Will
of the Voters.
Albert Parker today made the follow
ing additional statement in reply to the
effort made by Hughes and his attor
neys to dodge his proposition to count
the ballots: ; ; j ,
To the Public: ) i I ' ,
The attorneys for Mr. Hughes in their
reply to my challenge to recount the
ballots, waiving all technicalities, say:
"We shall at this stage of the proceed
ings have nothing to do with a piivate
count of the ballots. We know of no
authority for the city clerk to turn the
ballots over to private parties for such
purpose." etc.
Who has asked for a count by private
persons? My proposition was to make
a "stipulation," which Mr. Hughes' at
torneys must know would be in court,
to count all ballots where the intention
of the voter is manifest, waiving all
technicalities. That such stipulation
could be made and the ballots so count
ed under the supervision of the court
and a binding judgment rendered there
on these attorneys surely know, and
they either purposely misunderstood my
statements or are more ignorant of the
law and its procedure than a layman
would think.
The whole trouble is that the oppo
sition know-1 was elected by a majority
of the votes cast, and their only hope
is to count me out by resorting to tech
nicalities and quibbles to do so. No
fair proposition suits them. They re
fuse to fairly meet the issue and let the
people know who received the majority
of the votes cast.
They say it is technical for me to
sue for a certificate to which I have a
clear legal right, and which should have
been given me in the first place, but of
course it is not technical to throw out
votes for me because the voter was so
anxious to vote for me that he marked
my name twice. It is technical for me
to get judgment for that to which I
am entitled, but it is not technical for
them to count me out by rejecting votes
where the intention of the voter is
doubly clear; that is. to reject votes
where the voter marked my name
twice.
I want the people to know who re
ceived the majority of all the votes
cast. They do not.
I am satisfied of one thing, they are
learning as we go along. They first said
that the mandamus suit was not the
proper procedure; that 1 should have
brought quo warranto. They now say
that -this mandamus case must be de
cided at all hazards. I am willing.
i ALBERT PARKER.
RESTRAINING ORDER
Granted in Case of Raphael vs. Spen
cer Trask & Co.
New York, May 2. Judge Addison
Brown, in the United States circuit
court signed an order today in the mat
ter of the restraining order granted by
him in the action brought by Nathaniel
M. Raphael of . New Jersey against
Sriencer, Trask & Co., to control the
consolidation scheme of the Rio Grande
road of Colorado. The order handed
down today vacates the temporary re
straining order as to the sale of stocks
growing out of the consolidation, but
directs that the defendants shall set
aside and are enjoined from paying out
or parting with any moneys for in
demnity to themselves, or special trust
which may rise in their hands.
Mr. Raphael owns second mortgage
bonds to the amount of $1, 500.000 of the
Wahsatch & Jordan Valley railway
company in Utah, a branch of the Rio
Grande & Western. The latter road has
been operating this branch for a num
ber of years at an alleged annual profit
of $60,000. having secured the control
through the foreclosure of first mort
gage bonds held by it. The complainant
contends that there is a surplus of $200,-
000 which should be applied to the re
tirement of his second mortgage bonds.
The defendants are ordered by the
court to set aside any such surplus for
the protection of the second mortgage
bondholders.
YON BEE LOW COMPLAINS.
Says Canal Bill Is Being Intentionally
Delayed.
Berlin, May . 1 P. M. The Chancellor
Count von Buelow, reported personaily
to Emperor William yesterday and com
plained of the intentional delaying of
the canal bill by a majority in the diet.
The government thereupon gave up fur
ther negotiations regarding the bill for
the time being. The resignation of Dr.
von Miquel, the finance minister is now
considered likely to be presented in the
immediate future. The diet will be
closed before Whitsuntide, but it will
not be dissolved, nor will there be an
appeal on the subject to the country by
means of a new election. Official publi
cations regarding the above are expect
ed tonight. Emperor William and the
Prussian cabinet adhere to their inten
tion to build the canal.
DOORSJLOCKED.
The Kansas Law Enforcement
League Begins Business.
Meeting Held to Complete the
Organization.
REPORTERS BARRED.
One
Who is Present Politely
Escorted to the Door.
Sessions to Be Conducted With
Extreme Secrecy.
A meeting was held last evening at
the G. A. R. post hall at 111 East Seventh
street to permanently organize the
Grand Chapter of the Law Enforcement
League of Kansas. A State Journal
reporter was at the meeting but was
compelled to leave. i
The law enforcement league Is to be
thoroughly organized by the establish
ment in every city or town or hamlet
within the borders of the state of Kan
sas, of a local chapter of the Grand;
order of the Law Enforcement league.
It is planned that the effects of the
league will be more far-reaching than
anything ever before attempted in Kan
sas. The Law Enforcement LeagUf grew
out of the recent excitement in Topeku.
incident to the saloon smashing by Mrs
Carrie Nation. The women first formed
the organization of Home Defenders un
der the direction of Mrs. Nation after
which the auxiliary lodge was formed,
among the men sympathizers to the
cause championed by Mrs. Nation. Rev.
J. T. McFarland of the M. E. church was
chosen as the commander-in-chief and
for three months the organization was
maintained along lines similar to that
of the government of an army.
The various brigades of the main body
were formed each with its captain or
leader. Rev. Mr. McFarland was made?
the commander-in-chief over all. Af
ter the last raid in North Topeka when
a quantity of beer was destroyed the
organization has remained in seiui-ob-scurtty.
Plans have been formed to organize
the order in every city in the state, the
members of which will be pledged to do
active work in the cause of temperance.
The work of the league will !e aiTnm
plished through religio-politiral int'.u
ences; or in other words the members of
the league will endeavor to purify poll
tics, elect honest officials and promote
the interests of prohibition through reli
gious or other influences.
The manner of gaining a membership
in the organization is to some miliar
difficult. It will be necessary fur the per
son making application fur membership
to sign a card signifying his intention
of doing all in his power to proms (e the
intertsts of the organization ami to
pledge himself in sympathy with
the work of the league. This card
must be accompanied by the Kisnature
of three members of the organization' In
good standing who testify to the validity
of the pledge made by the applicant.
A State Journal reporter sauntered
up the narrow stairway to the G. A. R.
Post hall last evening a few minutes be
fore the hour set for the meeting. Ite
gained access to the room and upon en
tering found a dozen men in the room.
Of these one, evidently the secretary of
the organization was seated at a table
at the far end of the room. "About a
half a dozen were seated in a group
near the entrance and the others wen
scattered over the room.
Other men came straggling in by cou
ples and singly until perhaps two dozn
members were present. The usual time
for opening the meeting, 8 o'clock pass
ed by on account of the small number
rresent and it was about 8:30 when the
meeting was called, to order.
Finally Dr. M. R. Mitchell approach
ed the reporter and asked his name. IIi
was informed. Next followed the ques
tion, "Are you a member of the organi
zation?" And upon receiving a negative
answer he immediately inquired what
the reporter's errand there was for. "Do
you want to join the association?" lie
asked. He replied that lie did not an I
briefly told his business. He was then
informed that he was no more welcome
than a saloon spy and was led to the
door by the doctor.
On the way to th door it was ex
plained to the reporter that the woik
ings of the organization were secret and
that it was being conducted along lim s
similar to any lodge and consequently
outsiders would under no circumstances
be allowed to attend one of the sessions.
OCTOFUSIS THERE.
Standard Agents Locating- Claims in
Wyoming's New Oil Fields.
Evanston, Wyo., May 2. Placer
claims in the new Wyoming oil fields
are being filed at the rate of 1;0 a day.
The field covers nearly all of the south
ern part of Uintah county from the
north branch of the Muddy river to the
Uintah range of mountains. The Stan
dard Oil people have had men out lo
cating claims and have already filed
some 200.
It is said that workmen engaged In
constructing the Aspen turnel f r tli
Union Pacific uncovered a rich vein of
oil at a depth of 250 feet from the sur
face. FRISCO PLANS
To Turn the President's Visit to Pri
vate Account.
San Francisco, May 2 Joaquin Har
anda, ex-minister of justice of the re
public of Mexico, and Senator Jose
Domlnguez Peon, a wealthy M-'xican,
will be in this city when President ,!
Kinley arrives, and are expected to be
the bearers of a greeting from Provi
dent Diaz to the chief executive of this
country. A liberal appropriation has
been made by the citizens' conimitte
for the entertainment of con;rrexsn-n
from the east who are expected v
during the president's visit. AH th
needs of Kan Francisco will he ex
plained in such manner as will redovtn!
to the benefit of this port in future no
tions of the lawmakers at Washii'ftoti.
The work of decorating the city ;
progressing rapidly and will be con
tinued until the arrival of the presiden
tial party.
Weather Indications.
Chicago. May 2. For Kansas: Fair
in east and showers in west portion to
night; probably showers Friday. Freh
southeast winds.