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t" i EVERYBODY f EVEgYBODY 10 PAGE! NEEDS IT. V 10 PAGES HI .1 ! I M i r i . s i.ii 14 I'M- r i i f REASS IT. x - U v" LAST EDITION. TUESDAY EVENING, TOPEKA KANSAS, MAY 22, 1908. TUESDAY EVENING. TWO CENTS. - f COLEMMCASE. Brought for Libel by the Attor ney General Against the State Journal on Trial Today. JURY IS SUMMONED. Both Parties Announcing Them selves as Beady. The Case Proceeds In the Dis trict Court. Promptly at 9 o'clock this morning, the libel suit of Attorney General C. C. Coleman against Frank P. MacLen rtan, editor and proprietor of the To peka State Journal for .$15,000 damages, which was commenced on August 2.. 18(4. came on for trial in the Shawnee county district court. At 10:30. court adjourned, after ex hausting the regular panel of jurymen. The plaintiff had used tv.o of its three peremptory challenges, and the defense cne of its three. Judge Dana adjourn ed court until 1:30. and at once drew 8 special venire of twenty names. It is likely that the work of securing the Jury will be completed early this after noon, and that the attorneys will be well into the case by the time of ad journment this evening. The names of those who remained in the jury box at the time of adjourn ment this morn frig are as follows: J. S. Todd. George Younggreen. S. C. Buschong, C. O. Belden, J. H. Hows, G. I. House, B. F. Granison. Earl An derson, H'. A. Hall, John Lowrie and Oliver Deitrich. The" special venire which was drawn from the jury box in the county clerk's office just after court adjourned is as follows : Mark Putnam. S. A. Redweli, C. H. Culp. C. W. Shepherd, W. R. Weible, J. C. Smith, W. M. Shaver. S. B. Rohrer, E. Houser. J. V. Howies, J. H. Queen. J. N. Hopper. T. Stafford. Thos. Bramion, Abe Jarobson, Thos. Owen, James Stephenson, W. H. Fernald, T. 1. Crites and A. W. Bradshaw. Of these. Stephenson, Bedwell and Queen live in -Topeka township; the lest In Topeka city. Names outside of Topeka township or Topeka city which came from the box were rejected be cause of lack of time to summon them. F. H. Rohrer and T. L. Crites, who were drawn, have both moved away from town. C. C. Coleman, the plaintiff In the case, arrived at the court room shortly before 9 o'clock, accompanied by his iw partner from Clay Center, F. L. Williams, who was formerly Governor Hocli's private secretary. C. A. Magaw, who had been recently employed by Mr. Coleman to take charge of select ing the jury, was on hand promptly, end Charles Blood Smith, the head counsel for the plaintiff arrived a few minutes later. On the defendant's side of the table "were Jialie P. Wnsrgener of Atchison, W. P. Hackney of Winfield, and J. G. Waters of Topeka, representing Frank 1. MacLennan. , Secretary of State J. R. Burrow and I. I.. Dayhoff. state superintendent of public instruction, each of whom has e suit l ending similar to the Coleman suit, were both on hand to watch the proceedings. This suit is one of three commenced at the same time, each for $15,000, and each based on the same publica tion. The other suits were com menced by J. R. Burrow, secretary of state, and by I. L. Dayhoff, superin tendent of public Instruction. All of these suits arose from an article published In the State Journal of August 20, 1904. This article was headed "Black and Ugly," and com menced as follows: "Appearances Indicate that a eon rpiraey has been formed by which the school fund has been looted, and the facts point toward certain state officials as among the conspirators." The article then referred to the purchase of $123,000 of Comanche county bonds by the school fund com missioners, C. C. Coleman, J. R. Bur row and I. L. Dayhoff. mentioning T. T, Kelly, as state treasurer, and A. A. Grtdard as also engaged in the trans action. The article alleged many peculiar and unusual incidents in connection with the transaction and criticised the commissioners for purchasing the ponds which had a peculiar history of their own. In view of the trial of the case, the Ptate Journal does not deem it a mat ter of propriety to go into the details of the case today, or even rehearse the charges, except as they may be de veloped in the proceedings in" the case now before the district court. This Morning's lVoeeedings. Both plaintiffs and defendants an nounced themselves ready for trial. Neither side had any preliminaries for the court's consideration, and at five minutes after 9 o'clock the jury was called and sworn. V. A. Magaw made the opening state ment for the plaintiff. He said in part: "This action was brought to recover amages for an article published on Au gust .., 1904. reflecting on Mr. Cole man's character." Mr. Magaw then took up the question ing of the jurymen. J. S. Todd, the first man in the box paid he had no opinions in the case and did not remember of reading anything about it. Geo. Younggreen stated that he sub scribes for the State Journal now but eid not in August. 1904. He had form ed no opinion in the case. S. C. Buschong had read the article complained of, but thought that he had no impressions on the merits of the case. C. C. Belden did not read the article which forms the basis of the storv and knew none of the parties interested in the case. J. H. Hows stated that he did not know any of the State Journal em ployes, and did not read the State Jour nal. G. I. House knew none of the State Journal employes. He subscribes for the State Journal but could not remem ber whether he read the article about Coleman. H. N. Craig said he was slightly ac t -Minted with some of the State Journal employes, but had no recollection of reading anything about Coleman's case. J. M. Safford stated that he knew a few of the State Journal employes, and is a subscriber for the State Journal. He had formed no opinion concerning the truthfulness of the article. H. H. Louthan said he takes the State Journal but knows none of the employes. He had formed no opinion about me case. B. F. Granison, a colored man, said he knew none of the parties to the suit, and had formed no opinions. H. W. White, another colored man, said he takes the State Journal but did not rememoer of ever having read about the matter. Earl Anderson said that he had lived in Topeka 15 years, and reads the Stati Journal. He did not remember having read the article about "the state house scandal." He is now employed in the circulation department of the Daily Capital. He said that the fact that he was in newspaper work would not tend to make him ur luly friendly to the State Journal. W aters Questions the Jury. On re-examtnation by J. G. Waters, J. S. Todd stated that he had formed an -opinion regarding the criticism of T. T. Kelly. He said he believed .pub lic officials were subject to newspaper criticism to a certain extent. He is a retired farmer, and was at one time candidate for probate judge on the Populist ticket. At present he has no politics. George Younggreen gave his former occupation as grocerypian. At present he is not engaged fh any calling. He stated that he had no pronounced politics. Mr. Buschong said his business is school teacher. He is unmarried. He is not a church member and is a Dem ocrat in politics. Mr. Belden stated that he Is a re tired farmer. He knows none of the state officers. He is a Republican in politics. Mr. Hows, a Soldier township farm er, stated that he has no church mem bership, and is a Republican. Mr. House, a farmer, said he had read the Comanche county bond deal in the State Journal. He had no re ligious belief, and is a Democrat in politics. Mr. Craig stated that he has no prejudices in the case, and knows none of the attorneys on either side. Mr. Safford stated that he is a sta tionary engineer. He worked at the state house under the Leedy admin istration. He is a methodist and a Democrat. Mr. Louthan stated that he is a re tired farmer, and now lives in Oak land. He is a Republican, and was raised a Methodist, but has no special religious belief. Mr. White stated that he is a Bap tist, and a Republican. Mr. Anderson said that business I rivalry would not prejudice him against the State Journal. He stated that he is an independent Republican. Mr. Craig was excused by the court because of the fact that he was not on the regular panel and had served as talesman on a former case at the pres ent term of court. H. A. Hall was called. Mr. Magaw asked a few questions, and passed the juror. Mr. Hall stated to Mr. Waters that he is a carpenter, and had sub scribed for the State Journal for seven years. He is a Democrat, and lias no religious belief. Plaintiff's First Challenge. The plaintiff challenged H. TV. White, and John Lowrie was called. He stated that he was a subscriber to the State Journal, but had no recol lection of the articles concerning the Comanche county bond affair. He stated that he is a Republican and a Protestant. The defendant then challenged H. H. Louthan, and Oliver Dietrich was called. He does not take the State Journal. He gave his occupation as farmer. The plaintiff then challenged J. M. Safford. A. M. Debow was called. He said he had taken the State Jour nal for ten years, but did not read the articles about the Comanche bond deal. A. M. Debow was excused be cause he is one of the talesmen on the jury. R. M. Jackson was called. Mr. Jackson Is a colored man. He served on the police force during Parker's ad ministration. Jackson was also ex cused because he is a talesman. W. R. Whitney was next called. Mr. Whitney lives in Keith's addition and has no business at present. He is a I Baptist and a Republican. He was then excused because he was a tales j man on the jury. j Geo. Gimering was called and ex- cused for cause. I This exhausted the panel and tales men, and .court was adjourned until 1:30 to give the deputy sheriffs time to summon special jurymen. Afternoon Session. Mark Putnam, proprietor of the Union Pacific hotel in North Topeka, was the first of the special venire to be called to the jury box. He stated that he takes the State Journal, and read the articles. He said that he had formed an opinion and had a strong prejudice in the matter. He was excused. S. A. Bedwell was next called. Mr. Bedwell is proprietor of Bedwell's pri vate insane asylum. He had read about ! the Comanche county bond, deal, but had formed or expressed no opitilDn on the subject. He stated that he Is a Methodist and a Republican. For its second peremptory challenge the defense excused Mr. Bedwell. W. Shepard, a real estate man, was called. He stated that he does not take the State Journal, and did not read the articles about the Coleman case. He is usually a Republican and a Universalist in religion. The plaintiff then dismissed Mr. Buschong on its third and last right of challenge. W. R. Weible was called. He said he had read the article about Coleman, and was a subscriber for the State Journal. He had formed no opinion as a result of what he had read or heard. Mr. Weible is a contractor and builder. For its third and last right of chal lenge the defense excused Earl Ander son. W. M. Shaver was called, and was excused on the ground that he is an attorney. E. Hauser. a grocer at Eleventh and Clay streets, was called, and was ex cused because he is conducting a little store which would suffer in case of his absence. J. V. Rowles. an employe of the street railway, said that he had read the Comanche county bond article, and that he is a subscriber for the State Journal. Mr. Row les was accepted by both sides. The following is the jury as ac cepted: J. S. Todd. Geo. Younggreen. C. C. Belden. J. H. Hows, G. I. House. B. F. Granneson, H. A. Hall, Johri Lowrie. Oliver Dietrich. C. W. Shep ard. W. R. W'eible. J. V. Rowles. The work of securing the jury was HITSTI lEGOIlSULS They Find That Compensation lias Been Curtailed. Congress Abolished Fees and Fixed Salary Basis. KEPT IT A SECRET. Refused to Make Report of All the Fees. Feared Places Would Be Too Attractive for Office Seekers. Washington, May 22. One et the expected results of the consular re organization act now being placed in operation is the discomfiture of some consular officers who have been con cealing the actual amount of the un official fees of their offices. The practice was not dishonest in one sense, for the consuls are in many cases permitted to retain all such fees. But for the sake of the rec ords of the department and in order to enable the officials to know the state of the business of the consulates it was required that all such fees should be accounted for. But some consuls feared that to publish the amount of such fees they received would be to make their offices too at tractive to office seekers so they failed to make the full returns. Their punishment came when con gress passed the reorganization act on the basis of substitution to lump sal aries for the combined salary and fee system of compensation. There was no intention of reducing the compensation of many of the con suls, but it has naturally followed that the consuls who failed to return their full fees have suffered a substantial re duction. RAIN UM. AT LAST. It Amounted to Less Than Quarter of an Inch. Once more the weather department comes in for complete vindication, for this morning a bunch of half a dozen showers visited this locality, and Weather Observer Jennings insist that they are the showers that should have been distributed through the week just past, and for some unknown rea son they became bunched and reached Topeka on the same day. But at that they were not, properly speaking, thunder showers, for there was no thunder accompanying them, and some of them seemed to come from a cloudless sky. The first shower occurred before 7 o'clock this morning, and was followed in quick succession by others at short intervals until the noon hour, when the clouds lifted and since then the sun has been shining. The weather of the past week seems to have been the made to order variety, as far as the management of the baseball teams are concerned, as the grounds will be in prime shape for the game, notwith standing the fact that .15 of an inch of rain fell during the morning hours. The wind is blowing from the north west at the rate of five miles an hour and is as cool and refreshing as could be asked for, and there are enough clouds in the skjr to furnish an ex cuse for the prediction which the weather bureau has again given out of "showers" for this evening and to morrow. The temperatures for to day, which have been rather unsteady. have been as follows 7 o'clock 68 S o'clock 66 9 o'clock 69 10 o'clock 67 11 o'clock 67 12 O'clock 6S 1 o'clock 76 2 o'clock 76 KEPT BACK BY GUNS. Citizens Held at Bay While Hoffman Burglars Crack a Bank. Hoffman. I. T., May 22. Burglars wrecked the safe of the First National bank here early today and escaped with several hundred dollars. Confederates stationed in the street kept up a con stant firing to prevent citizens from approaching. completed at 2 p. m. Smith Files a Motion. Chas. B. Smith then made a motion on behalf of the plaintiff that the only question to be submitted to the jury be the amount of damages to be award ed to C. C. Coleman. He asked that the jury be sent from the room, and this was done. Mr. Smith then proceeded to argue his motion. He said that tie defendant contends that the publication is priv ileged. He said that some courts sus tained this position, provided that the publication were confined to the state of Kansas. He held that the fact that the State Journal circulates in other tsates makes it impossible for the defense to claim that the publication is privileged. Mr. Waggener said: "Are you willing to concede the facts set forth in the answer as true, and stand on the pro position you have submitted?" "No, sir, 1 will not," replied Mr. Smith promptly. Mr. Waggener replied to Mr. Smith. He said: "This is somewhat novel practice to me. We are willing to sub mit this to the court, and let that end the case if the decision is in favor of us. If not we will go ahead and deter mine the amount of damages." Mr. Waggener cited several authori ties controverting the position taken by Mr. Smith. "The fact that this matter may have come to the attention of some citizen of Missouri does not take away its privileged character," con cluded Mr. Waggener. "Let me ask you a que&tion," said Mr. Waters to Mr. Smith. "Do you mean to say that a newspaper can not print an article about some scoundrel who is a candidate for state office if that newspaper sends" one copy-outside of the state?" "That's his position," interrupted Mr. Waggener. "Xo, we don't contend that," said Mr. Smith. Judge Dana ruled that the publica tion was privileged, and that the trial should go on. The Jury was then re called and the taking of testimony , begun. OPEN T HE P"' f'Q San Francisco Savings Institu tions Resume Tomorrow. This Is Five Days Sooner Than Announced. EVERYTHING IS QUIET. Absolute Confidence Reigns in Banking Circles- Hibernia Gets Little Sum of ThreeJllllions for Emergencies. San Francisco, May 22. That abso lute confidence reigns in banking circles here was made evident today when several savings institutions ant nounced that they would open their doors for business tomorrow morning. This announcement came in the na ture oj a mild surprise, for it had been definitely agreed that all savings institutions would open their doors on Monday, May 2 8. Many of the savings banks' which will commence active operations to morrow Instead of five days later, as had been agreed upon, give as a rea son for the early resumption of busi ness the fact that it is good for the public as well as financial policy to thus demonstrate to commercial circles the stability of the institutions. Others of the savings banks which have decided upon an early opening do a commercial business and the claim is set up by them that they could not consistently open up the commercial department and refuse to do business in the savings branch. The agreement entered into among the commercial banks sets tomorrow as the date for opening. Among the savings institutions which will resume operations tomor row are the Hibernia Savings bank, the Humboldt Savings bank, the Scandinavian-American bank and the German Savings bank. The Hibernia Savings bank, one of the largest institutions of its kind in the west, is structurally intact, al though the interior furnishings were destroyed by fire. Its vaults, with their double doors, each having eight thicknesses of steel plate, were opened readily, the locks immediately re sponding. Not only were the con tents uninjured, but the vaults were cool, the heat of the raging furnace which had surrounded them not being able to penetrate the steel walls. Last week the Hibernia had $1,000,000 taken from the mint and placed along side the coin in its vaults. Yesterday, wishing to-be fulL-",' "equipped for any emergency that might, arise," another $2,000,000 was transferred from the mint to the bank buildings. The transfer was made by the use of a sand brick wagon and so quietly was it done that hundreds of spectators who were watch ing the building operations nearby were unaware of the transaction. When the bank opens tomorrow it will probably proceed to business without restrictions and limitations and continue on that line. The corner of Montgomery and Mar ket streets is now a lively financial cen ter, the activity being heightened by the Crocker-Woolworth National. Among the other banks clustered in this vicinity and ready for business are the Wells Fargo Nevada National bank, the Union Trust company, and the Sav ings Bank of the same name, the French Savings and the Russo-Chinese bank. Komer S. King, president of the Clear ing House association, said: "There is little demand for money and I do not think there will be until the heavy building begins. Thus far our receipts have much exceeded the withdrawals." That conditions are rapidly approach ing the normal in financial circles was indicated by the holding of a regular clearing yesterday in the new quarters of the clearing house in the Mercantile Trust building. ftlRS. MYERS TUST HANG Supreme Conrt Upholds Verdict in Kansas City Murder. Jefferson City, Mo, May 2. The state supreme court today upheld the death sentences imposed by the lower court in the eases of Frank Hottman and Mrs. Aggie Myers, convicted of murdering the woman's husband, Clarence Myers, at Kansas City, on May 11. 1904, and set June 29 next as the date of execution in each case. Storv of the Crime. Kansas City. Mo., May 22. The murder of Clarence Myers by his wife, Aggie Myers, and Frank Hottman, her lover, was most cold blooded. Myers was a printer and' lived with his wife in a small cottage on the outskirts of the city. Hottman was a frequent caller at the house. Hottman and Mrs. Myers, it developed at their trial, deliberately planned to get Myers out of the way so they could marry. On the night of the murder the wo man let Hottman into the house. Hottman. in the darkness, struck Mvers with a billiard cue. Myers called to his wife for help. In reply she stabbed her husband repeatedly in the back with a pair of scissors and held him while Hottinan finished" the job. Mrs. Myers gave Hottman monev wHh which he fled to Walla Walla, Wash., where he was arrested. Hottman confessed, implicating the woman. MORALES IS BUSY. Reported Tht He Would Regain Rnto Domingo Presidency. Washington, May 2 2. Disquieting advices relative to revolutionary move ments in Santo Domingo led to a con ference today between officials of the state and jsavy departments. Details of these movements are vague and are difficult of access, but It is gathered that in substance they in dicate that ex-President Morales, who for some time had disappeared from the scene of activity, is now at or near St. Thomas and is making a determin ed effort to expel Cares and regain the presidency of Santo Domingo. WEfiT TOJEATII. Sister of Oliver Smith Commits Suicide. Brooded Over Brother's Con viction for Murder. SHE STOOD BY HIM. Believed That lie Had a Right to Kill Bair. Thought Evidence Against Rim Was False. Brooding and driven to desperation over the conviction of her brother, Oliver Smith, on the charge of murder in the first degree, Mrs. W. B. Rambo of Kansas City, Kan., walked into the Missouri rivernear the Quindaro pump ing station at that town on Monday afternoon and was drowned. The cir cumstances all point to suicide. Mrs. Rambo was a full sister of Oliver Smith, in fact they were the only living members of the Smith fam ily. She was a cousin of Congressman Charles Curtis and Mrs. Rome Colvin. Three aunts of Mrs. Rambo, Mrs. Brown, Mrs. Smith and Mrs. Arm strong, also live in Topeka. Those who were in the Shawnee county district court room when Smith was sentenced to be hung for the mur der of Tom Bair, will remember the woman who sat beside the prisoner, as she rose and cried after the pro nouncing of the dreadful words: "Oh judge d-don't!" That was Mrs. Rambo. She believed in her brother. She thought that he had a right to kill Tom Bair. because she was convinced that the latter had ravished her brother's daughter. Smith gently restrained her in the court room. She took his arm and walked with him to the jail. She went with him into the cell, and there sat for several hours talking to him and com forting him. All during Smith's long confinement before his trial, and during the case, Mrs. Rambo was constantly at her brother's side, always cheering him, and hoping with him against hope. It was a beautiful instance of sisterly love that rare kind of affection which Is only stilled and hushed with death. Her faith in her brother only multi plied under the mass of convincing evi dence which the prosecution piled about him. As she sat in the cell with him after it was over, and after the sentence had been' pronounced, she broke down and cried. Between her sobs she murmured: "It was all wrong; it was all wrong. OIlie has always been a good boy. He has no murder in his heart. The evidence against htm wfs untrue. I believe in him. It is an awful blow." Her words were stifled with sobs. Smith will go to the penitentiary to serve a life sentence before this week is out. Before the silent doors of the prison swing in upon him forever, he must learn that his sister, the only member of his Immediate family, has taken her life by her own hands, crush ed, borne down and driven to despera tion and suicide by his conviction his act. Mrs. Colvin was asked this morning as to what she knows of Mrs. Rambo's death, to which she replied: "We re ceived a telephone message last night from a druggist living near their home, saying that Mrs. Rambo had been ac cidentally drowned.' Further than that we know nothing. She is my cousin, and a cousin of Charles Curtis. We are brother and sister. OIlie Smith is her brother, in fact the only remaining member of her family. She was crush ed by the awful occurrence in which her brother figured. We do not know what disposition will be made of her body." Mrs. Rambo was 51 years of age, and leaves a husband and six children, four boys and two girls. Up until about ten years ago, she and her husband lived in Topeka. The Kansas City Times of this morn ing has the following relative to the matter: "Mrs. Alphia C. Rambo, El years old, wife of W. B. Rambo, a millwright of 2837 North Eighteenth street, west side, was drowned yesterday afternoon in the Missouri river near the Quindaro pump ing station. In company with her 15-year-old son, Ross, Mrs. Rambo was taking a stroll along the river. She left him for a moment, saying that she would return soon. A few moments later the boy saw his mother's body just beneath the surface. He swam out and brought it ashore. All efforts to resuscitate the woman failed. An ex amination showed Mrs. Rambo's foot prints leading directly into the river. The coroner was notified. Mr. Rambo said last night he believed the drown ing accidental, as Mrs. Rambo had been in good health and apparently happy." SEE ABOUT BURTON. Senate Will Investigate Status of Ills Case. WooViinfton Mav 22. The senate today directed the committee on priv tiacrna a n.H al(icHori. tf investigate the effect of yesterday's decision by the supreme court in me case oi senator The Iron County Jail at Ironton. Mo., a Sentence of a r r i? "f t urn ; Burton. The resolution was offered by Senator Hale and read as follows: "Resolved, That the committee on privileges and elections be directed to examine into the legal effect of the late decision of the supreme court in the case of Joseph R. Burton, a sen ator from Kansas, and as soon as may be, to report their recommendations as to what action, if any, shall be taken by the senate." The resolution was adopted without debate. FIGHTS EIGHT HOUR LAW Carnegie Steel Company Says It Would Cripple Large Institutions. Washington, May 2 2. A. C. Hay den, representing the Carnegie Steel company, opposed the eight hour bill today before the house committee on labor. He said the enactment of the measure would drive every large in stitution now taking government con tracts from that field, would turn over the manufacture of supplies of the government to the small contractor and would increase the cost of the same to the government from 124 to 2 5 per cent. The Carnegie company, he said, at one time made the experiment of changing Its factory method from two shifts, men working 12 hours each, to three shifts working eight hours. The result was that the product of the lac tory decreased' 20 per cent. Another decided objection mention ed was that under the bill as drawn, if a laborer shoould by any chance or by design work, one or two minutes over time and the government inspector should see him and report the case the employer would be subjected to the penalty provided" for violating the law, although he might be entirely in nocent of any design to do so. More than this, he said, the bill was so drawn that it majde the inspector the final arbiter, the courts could not go oacK ot the report of the inspector. HURT SCORE OF MEN. Explosion of Steam Pipe in Glucose Factory Creates Havoc. New York, May 22. A score of men employed in the engine and dynamo rooms of the New York Glucose com pany's plant in Shady Side, N. J., on the west bank of the Hudson river, opposite Ninetieth street, this city, were more or less injured today by the explosion of a big steam pipe. The roof of the building was blow n off and the wreckage caught fire. Some thirty men who were at work in the building had narrow escapes from death, but were taken out of the blazing ruins by;their fellow laborers from adjoining buildings, belonging to the same com pany. In the confusion which follow ed the explosion many reports of seri ous loss of life were spread among the relatives of the employes, thus exag gerating the extent of the disaster. The company's force and local fire men fought the flames which threat ened to destroy several other build ings in the glucose plant. M. J. DRURY PROMOTED. Appointed Master Mechanic of Santa re's Rio Grande Division. Michael J. Druary, who has been in the employ of the mechanical depart ment of the Atchison, Topeka & Santa Fe for several years, and who worked in times past in various capacities In the shops here at Topeka, has been ap pointed to the position of master me chanic of the New Mexico and Rio Grande divisions of the road with headquarters at Raton, N. M. Mr. Drury takes the position made vacant by the resignation of S. W. Mullinix. who resigned recently, to take the place of master mechanic on the Mis souri division of the Rock Island. Mr. Drury has been master me chanic of the Albuquerque division of the coast lines with headquarters at Winslow, Ariz., and before going there held a similar position on the Okla homa division with headquarters at Arkansas City, Kan. CURE FOR LEPROSY. One Has Been Discovered iri Louisiana Lepers' Home. New Orleans, May 22. In a lengthy report submitted to Governor Blanchard the board of control of the Louisiana Leper home, announcement is made for the first time that a definite cure has been obtained in three cases of leprosy. The cures are mentioned in the reports of Dr. Hopkins, visiting physician and Dr. Isadore Dyer, con sulting leperologist. These patients have been discharged. It is stated in the report that the disease continues to spread In this state and that the cases show evidence of a recent outbreak and that there were certain centers of infection yet to be investigated. In some instances the disease has been carried to noninfected points by patients who escaped from the home. The legislature is asked to locate all of the points of infection. The members of the board suggest that an appeal be made to the federal government to establish a national hos pital for lepers. Weather Indication. Chicago, May 2 2. Forecast for Kan sas: Probably showers tonight or Wednesday. in Which Senator Burton Must Serve Six Months. EBATE CASES UP. Three of Them Are Called in Kansas City. Charged With Conspiracy in Securing Favwrs for Shippers. 40 WITNESSES THERE. These Have Been Called to Trove Government's Case. Special Agent Department of Justice Also Present. Kansas City, Mo., May 22. The gov ernment today in the United States dis trict "- Jurt announced that it was ready for trial In three of the rebate cases. The cases called were those of George L. Thomas, a freight broker of New York City and his chief clerk, L. B. Taggart, under indictment for alleged conspiracy in securing rebates for ship pers, and that against George H. Cros by, former assistant f. 'eight traffic man ager of the Burlington railway, charged with conspiracy in giving rebates. These me were indicted in December last, with other officials of railways and packing houses whose trials are to be held later. H. B. Duncan, a special agent of tl : department of justice, arrived here yesterday to assist in prosecuting the cases, and will aid A. S. Vanvalkenberg, U Hed States district attorney, and Leslie Lyons, assistant district attor ney. The government has 40 witnesses, among whom is J. A. Roberts, an expert on rates in the employ of the interstate commerce commission. Burlington Stays In. Judge Smith McPherson, of Iowa, sit ting in place of Judge John F. Philips, overruled the demurrer of the Burling ton railway to indictments against the Burlington and it must now go to trial. The defendants, in a demurrer filed several weeks ago contended that, con gress was without power to enact leg islation regulating export rates in the giving of alleged rebates on which the Burlington was charged with having violated the interstate commerce act. Judge 3cPherson said in denying the demurrer: "The import case (162 U. S. 197) was not of our concerning the ocean rates from New Orleans to San Francisco by rail, and applying the holding of that case to one bar to which side should the statute cover exports from Kansas City to New York city, even though the purpose is evidenced by contract by a single and true bill of lading, and the purpose is to at once place the . product on an ocean vessel destined to an Euiopean country." He continued: "It is apparent to many and the com mission so recognizes that by- many it is be.ieved that to bring all export shipments under this statute will work injury to the Pacific coast, and to the south in exports of cotton, and that the same is true as to the grain-growing and cattle-raising indus try of the west. If it be said that the right of contract therefore be denied, the answer is that no one provision of the constitution must be subordinated to another and full force and effect can be given to both, by enforcing the statute on shipments to New York and then transferring the merchandise to the vessels, when of course, it passes from under the statute. "And it seems to me that when this is done it can be under an established rate, proclaimed by a published and posted tariff rate." The case against the Burlington rail way in which a demurrer was over ruled today, is distinct from that against its former assistant freight traffic manager, George H. Crosby. The Burlington is charged with granting concessions to Kansas City packers on products for export through the port of New York. The date of trial in the Burlington case has not yet been set. Taggart Not Present. The taking of testimony in the cases of Thomas, Taggart and Crosby, which have been combined for convenience, was delayed by the nonappearance of Taggart, who is ill in New York. A lengthy argument proceeded as to whether the trial could continue in the absence of Taggart. WHY WAS HE KILLED? Reason for Assassination of Consul Stuart a Mystery. Washington, May 22. Russian of ficials are making every possible effort to capture the murderers of W. H. Stuart, the American vice consul at Batoum, Russia. according to dis patches received by the state depart ment today from Ambassador Myer at St. Petersburg, and Thomas E. Heenan, the American consul at Odessa. Mr. Myer's dispatch says the reasons for the attack on Mr. Stuart are still unknown. The murder took place at Makhindjaouri, and Mr. Stuart died an hour after the attack upon him. Mr. Myer applied for and received permission for the British consul at Batoum to represent American inter ests. Mr. Spring-Rice, the British charge d'affaires, also sent a note to the foreign office, Mr. Stuart being a British subject, and received prac tically the same reply as Mr. Myer. threTare"drowned. Rain Fell in Torrents Around Bcloit and Cawker City. Beloit, Kas., May 2 2. Rain fell in torrents at this place and west and north of here last night. Creeks are all bank full. At Cawker City, twenty miles w-est of Beloit, Mrs. Williams, her daughter 13 years of age, and son 5 years of age, were drowned while trying to escape from the house, around which the water was rapidly rising. The bottom land at Cawker City is inundated. No trains are run ning on the Central Branch railroad between Downs and Beloit. Tells Her Own Story. New York, May 22. Josephine Ter ranova, charged with murdering her aunt, took the stand in her own de fense today.