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The Topeka state journal. [volume] (Topeka, Kan.) 1892-1980, June 06, 1907, LAST EDITION, Image 1

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1907-06-06/ed-1/seq-1/

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. llarry Orchard Reaches Main
Point of His Narrative.
Declares the Defendant Sug
gested Steunenberg Plot.
Are Recited in the Course
His Testimony.
Tells of Plans to Kill Governor
Peabody and General Bell,
Judges Goddard and Gabbert
and Millionaire Moffat.
a Number of Attempts at
All Sorts of Diabolical Contriv
ances Are Described.
Boise, June 6. Harry Orchard tes-
xiiieu mis morning tiitit v imam
Haywood first suggested that he come
to Idaho and assassinate Frank Steu
enberg. He said that at a conference
held at the office of the Western Fed
eration of Miners in Denver, in 1905,
Moyer protested against further acts
of violence in Denver and urged that
certain "outside work" be taken up.
Orchard swore that Moyer wanted
him to go to Goldfield and murder
John Neville. Neville accompanied
Orchard to Wyoming after the Inde
pendence station was blown up and
according to Orchard, knew too much
about the crime for Moyer's peace of
mind. Then it was the witness swore,
that the Steunenberg plot, suggested
by Haywood had its inception.
Before the Steunenberg matter was
developed,- Orchard told of various
plots to kill Governor Peabody, Gen
eral Sherman Bell, Judge Goddard,
Judge Gabbert, Dave Moffat and
Frank Heme. The state produced a
large lead shell and Orchard identified
it as the outer casing of the bomb he
carried to Canon City in the hope of
blowing up Peabody. Orchard came
to the stand today in perfect compoJ
sure and in" the same even voire re
sumed his remarkable confession DfT
countless crimes. ..
Proceeding; in Detail.
The Steunenberg murder trial was
resumed at 9 o'clock. Orchard re
sumed the witness stand at 9:03.
He began his day's testimony by
giving the names of several persons
he met in San Francisco, when he
went there to assassinate Fred Brad
ley, who had been formerly the mana
ger of the Bunker Hill and Sullivan
mines in the Coeur D'Alene district of
Idaho. These names were related in
order to pave the way for a possible
corroboration of Orchard's testimony
at this point.
Orchard said he was known narf
of the time he was in San Francisco
by the name of Barry. Leaving Cali
fornia, Orchard returned to Denver,
wearing the uniform of a soldier. He
said he Immediately called Pettibone
on the telephone.
"Pettibone asked me how Bradley
was," continued Orchard. "I told him
Bradley was still alive whm T
San Francisco, but it was reported he
would lose his eyesight and probably
be deaf for the rest of his life. Pet
tibone said that was better than if I
had killed him outright that Bradley
would now be a living example."
Orchard said he asked for money
and received $125 from Pettibone
with the assurance that he could get
more whenever he wanted it.
-renara said Havwood no-r o.J
'to go to work on Judge Gab
of the supreme court of Colo-
He said Judge Gabbert," Orchard
went on "had been rendering decis
ions against Moyer, whom we were
trying to get out of Tellurlde on ha
beas corpus. I went to Judge Gab
bart s house the following Sunday
night with Steve Adams and a shot
gun. but we did not see the Judge.
Haywood also wanted us to try again
at Governor Peabody, saying he did
not care how we got rid of him.
Bomb for Peabody
At this time it seemed 'that . Pea
body was about to be elected for an
other term. Steve Adams, Billy Aek
erman and I set to work and made a
at Thirteenth street and Grant avenue
In Denver. The governor walked along
here every morning. s
"Adams and I watched for the gov
ernor until he came out. Just as the
governor walked over the place where
the bomb was two heavy coal wagons
came out of the alley and passed over
the wire leading to the bomb and we
couid not pull it."
"Did you try?"
'S. "Ffi. Slr' After the wa"ns passed
? TVT10rhad Kon 1 went and
got the bomb The streets here were
almost deserted We threw the bomb
In the river and reported to Pettibone
bad WB fa"ed- He Mld U SS
"After this we tried to shoot Gov
ernor Peabody. hanging around his
house for a long time, but not getting
an opportunity. We also tried to shoot
Frank Hearne of the Colorado Fuel &
Iron company. Haywood said Hearne
was trying to fix the legislature against
tis and would be a good man to get
out of the way. He also said that
Dave Moffatt, president of the Firs
National bank was another. He said
he was convinced that Moffatt was
behind the people who were fighting the
Western Federation of Miners."
Adams and Orchard watched around
Moffatt's house for some time with a
gun. but accomplished nothing
We were also told to get after Judge
Goddard, who, Haywood said was in
strumental in defenting the eight hour
bill, which had been declared unconsti
tutional," said the witness.
Becomes Lire Insurance Agent.
"At the fall elections Peabody was
succeeded by Governor McDonald.
Peabody went to live at Canon City.
Moyer. Haywood aali Pettibone, all
three told me to keep after Peabody,
It was arranged that I should become
a life insurance solicitor.
1 Orchard declared h stnt recommenda
tions for the position with one of the
Dig agencies in Denver from Mr.
Hawkins, an attorney and partner of
n.. jr. Kicnardson, one or the attorneys
now representing Haywood, and from
C K. bulllvan. president of the State
federation ol Labor,
Mr. Richardson listened keenly to
this part of the witness" story and made
notes upon it. Haywood, surrounded
by his family and attorneys sat stolid
at times, but on occasions leaned far
forward In his chair, gazing at Orchard
with his single eye.
Orchard said he decided to prepare a
bomb to place beneath Feobody s bed
room window at Canon City, Col.
The state here created something of a
sensation by producing in evidence the
lead casing of the bomb. It was the
size of a two gallon can. Orchard iden
titled It. He said he had shown the cas
ing to Pettibone in Denver and loaded
it in the basement of Pettibone's store,
the latter assisting him. Thirty pounds
of giant powder were used.
Pettibone, Orchard declared, gave him
$100 before he returned to Canon City
with the bomb. On his way to the lat
ter place, a companion heard a clock
ticking in the grip with the bomb and
wanted to know what it was.
I told him Jokingly that It was a bomb
and I was going to put it under Pea
body If I go; a chance," Orchard went
on. "But when I reported this conversa
tion to Pettibone he told me I had bet
ter not try it on Peabody at that time.
He Baid, however, that he wanted some
thing pulled off before the convention.
That we must have something to show
for the money spent.
Made Bomb for Gabbert.
"Pettibone and I then went to work
and prepared a bomb for Judge Gab
bert. We made It out of a half gallon
syrup can, using 10 pounds of giant
Pettibone and I planted the bomb in
a vacant lot which Judge Gabbert cross
ed on his way home. We left a wire out
of the bomb and to this we intended
fastening a pocket book, the idea being
that Judge Gabbert would pick up the
purse and upset the bottle of sulphuric
acid inside the bomb. We tried one day
to fasten the purse, but Judge Gabbert
came too fast and we had to leave it
"Pettibone had to go next day to Salt
Lake to attend the convention of the
Western Federation of Miners, leaving
me to attend to Judge Gabbert. He said
we must certainly do something before
the convention. I was afraid to touch
the old bomb, so I prepared a new one.
As Judge Gabbert started out the next
morning I rode ahead of him on a bi
cycle and fastened the pocket book to
the wire. I rode off down town and did
not hear the explosion until an hour af
terward. A man named Wallet had
picked up the pocket book and was kill
ed. Judge Gabbert had passed without
noticing it."
When he reported the result to Pet
tibone, the latter said it was "hard
luck." Orchard told the details of his
movements almost day by day,
stretching his narrative out to great
lensrth. He said the next man se
lected for attack was Sherman Bell.
former adjutant general of Colorado,
who had bscn instrumental in break
ing up a strike. Orchard said it was
decided to buy a rig and drive out to
Bell's house. He took Haywood to
ride in the rig and then bought it for
J115. The bill of sale was made in
Pettibone's name. He and Pettibone
drove out to Bell's house several
nights in succession. About this time
Moyer returned to Colorado and when
he found out what was going on or
dered it stopped. Moyer. Orchard de
clared, said he did not want anything
pulled off In Denver, while he was
there, as he would surely be arrested.
He also said he had some outside
work which was more important.
Down to Steunenberg Murder.
I Orchard had now brought his
story down to August. 1905. The wit
ness" went back to June of that year,
however, to tell of another attempt on
Judge Goddard. This was made a few
days after the failure to "get" Judge
Gabbert. The bomb for Judge God
dard was planted in a grass plot near
the gate leading into the front yard of
his residence. The connection with
the bomb broke in some manner with
out exploding it. Orchard said he ex
amined the place and found the grass
dead where the bomb was planted,
this being due to the escaping sul
phuric acid fumes. After this failure,
Orchard said he discussed matters
pretty thoroughly.
"Moyer told me he thought we
ought to get rid of Johnny Neville,
who knew too much about the Inde
pendence depot affair and was de
manding money," said Orchard.
Then for the first time the witness
came down to the Steunenberg case.
"Haywood suggested," he said,
"that we ought to get ex-Governor
Steunenberg. He thought that if we
got him after letting him go seven or
eight years and then went back to
Paterson. N. J., and wrote letters to
Judge Gabbert, Judge Goddard, Pea
body. Bell and the others telling them
they would get the same thing as
Steunenberg, it would show them they
were not forgotten either and would
have a good effect. Moyer said it
would be better than killing them;
that it would be a living death for
they would be confronted by the
thought always of some body waiting
for them. Haywood said he had sent
several men to Caldwell to do the
Steunenberg Job. Among them were
Minister. Art Bascom, McCarthy and
Steve Adams.
"Minister was a miner a member
of the union. I didn't know McCar
thy. Pettibone and Haywood told me
that Steve Adams and Simpkins were
in Idaho to get rid of some claim
Jumpers. They were then going after
Steunenberg. I went to canrornia
after this conversation. When I got
back I talked with Adams. Haywood
and Pettibone. Adams said that the
money Haywood and Pettibone had
sent him to Idaho, had miscarried and
he never got It. For this reason he
had not gone to Caldwell. Adams
said he had got rid of the claim Jump
ers all right."
Attorney Richardson objected to all
the testimony as to what Adams had
said. The objection was overruled on
the ground that Orchard had told Pet
tibone all that Adams had said.
At this point the luncheon recess
until 1:30 p. m. was taken.
He la Holding Down Haywood's Job
In the Federation.
Boise, June 6. James KIrwin, act
ing secretary and treasurer of the
Western Federation of Miners during
the enforced absence of Haywood,
who' still retains title to the position,
arrived in Boise from Denver this
morning. Kirwin came In response to
a telegram from James H. Hawley,
Too Little Action Regarding
Treatment of the Japanese.
Tokio Press .Is Outspoken on
Conditions in America,
The Waste Paper Box Is No
Place for a Treaty.
Friendly Relations Between the
' Countries Are Endangered.
loklo, June 6. The NichI Nichl
commenting on Japanese and American
relations thl3 morning says:
Even traditional friendship will not
escape a rupture should Incidents like
those that have occurred in San Fran
cisco be repeated. Whether or not the
sufferers are school children or restaur
ant keepers and the site of persecution
De limited to California, It does not alter
the fact that our compatriots are vie
tiros of anti-Japanese outrages.
"Japanese go there under treaty pro
.fresident Roosevelt's enlightened
jiit-asage io tne last congress was re
ceivea nere with eminent satisfaction
but actual developments since are a
lorai raiiure.
"What we want are not so many ex
pressions of civilized sentiments, but
one act of efficient protection of the
treaty rights of Japanese.
"The waste paper box is no destination
for a treaty between Ja nan ' H nrl th
United States."
The general tone of the Jananp nna
is becoming outspoken and unless an
assurance in some form is made to in
sure the safety of Japanese in San
Francisco it is feared that the friend
ly relations between both nations will
be endangered.
Count Okuma. leader of the Progres-
oives. is outspoken as usual, but it
should be remembered that, while fully
deserving of consideration, his being
out of office permits him a free expres
sion of his opinions. Count Okuma gen
erally occupies the position of critic
When in power his cabinet lived only a
few months.
Okuma Says Remember Washington.
New York. June 6. Count Okumn
former leader of the Progressives, the
opposition party in Japan, in response
to a request by the New York World,
cabled that paper the following opinion
regarding the incidents in San Francisco
In which Japanese were involved:
"I deeply regret that anti-Japanese
outrages are being repeated in San
Francisco. We, as a nation, were not
satisfied with settlement of the last
(school) Incident, which resulted In un
just discrimination against, and the act
ual expulsion of, Japanese immigrants.-
We patiently hoped that the prin
ciples laid out in the enlightened mes
sage of President Roosevelt last De
cember would prevail and that every
unjust discrimination against the Jap
anese would be stopped. Repetition of
Injustice against the Japanese will ser
iously hurt our warm feeling toward
America and our traditional friendship
will be weakened thereby.
"Fair and Just treatment is essential
to maintain friendship. Repeated out
rageous acts will not only damage
American Interests but also discredit
American civilization.
'.'For the sake of justice and humanity
sincerely appeal to the American public
to stop boxer like outrages and unfair
discrimination against Japanese, and
pray that Washington's farewell address
be not forgotten by American people."
Count Okuma has been minister of
finance, foreign minister and premier of
Japan. He is now head of Waseda uni
versity, which he founded and largely
Japan Has Xot Yet Reached the Point
of Demanding Reparation.
Tokio, June 6. The leading papers
here, whose opinions are worth quot
ing, are silent on the question of de
manding an indemnity for the so
called bombarding of Japanese estab
lishments in San Francisco. Repara
tion for the damage inflicted and the
punishment of the culprits is expected,
and it is believed that the government
is taking proper steps In the matter.
Though the public here is irritated
at the tardiness displayed in effecting
a solution of the difficulty, opinion has I
not yet reached the stage of advocat
ing an appeal to a hostile demonstra
tion in any form. It is true. However,
that popular indignation has reached
a degree never before witnessed in the
history of Japan's relations with the
United States, it Is thought by influ
ential Japanese that the quicker the
facts regarding the negotiations now
in progress here and in Washington
are published the better it will be for
all concerned, as a stage nas now
been reached when It may prove dan
gerous to keep the people In suspense
or Ignorant of what is Deing aone.
An experienced diplomat, who was
a Drotege of Marouis Ito, and is a
nrominent figure in national affairs
said today to a representative of the
Associated Press
"America is the last country with
which I expected com.plicatiions with
Janan. Traditional friendship of the
two nations uniformly maintained by
the government at Washington, makes
me almost hesitate to Deneve tnat an
anti-Japanese sentiment exists in Un
cle Sam's territory though the unfort
unate occurrences stand unassailable.
But before forming a final Judgment in
the present instance It is absolutely
necessary to bear in mind that in
America, the autonomy of the various
states is Jealously guarded and the
slightest Infringement or Interference
by the national authorities is deeply
senior counsel for the state. Kirwin
was served with telegraphic sub
poenas some weeks ago, while re
turning to Denver from a trip to this
"I was advised," he said this morn
ing, "that the service of such a sub
poena was Illegal, but to show that I
have nothing to conceal, I Informed
the prosecution I would come to Boise
whenever desired. It was something
of a hardship to come Just at this time
as our convention meets June 10, and
I should be in Denver at that time. I
am ready to take the stand at any
time. I had Intended coming back as
a witness for the defense anyway."
resented. Consequently the federal
government Is In a most delicate posi
tion. . r
"Fortunately the. present chief execu
tive or the United States Is a wonder
ful personality. Judging by his speech
es and writings he might be called the
Incarnation of . the principles of
Bushldo. There Is- no doubt that he is
resolute enough to cut . this Gordlan
knot. -
"The Japanese cause. In the present
instance is right, throughout, beyond
the shadow of a doubt. This is a fact
Impossible to escape the enlightened
Judgment of a personage like President
Roosevelt. I confidently . expect that
Justice will be meted out and the soon
er his action In this matter is made
known tha better."
Stevens Sues Husband For a
Mrs. Florence ' E. Stevens has
brought a suit for an absolute divorce
from Fred I. Stevens, to whom she
was married on June 1. ,1901. Her pe
tition in the suit was filed yesterday
afternoon with the . clerk of the dis
trict court. In it she declares that she
is entitled to a divorce because her
husband ever since their marriage has
been guilty of gross neglect of duty
towards her. She says that he has
ever failed to furnish her with suffi
cient support, sufficient, food, suffi
cient clothing and with-the necessar
ies of life. Because of his failures in
these respects Mrs. Stevens declares
that she has been compelled to work
for her own support and that of her
children, two in number. Theodoeia
Margaret, 5 years old, and Elmer Ly
man, 3 years old.
Another allegation is made by Mrs.
Stevens to the effect that her husband
abandoned her in May, 1906, and that
since that time he has contributed
but $13 towards the support of her
self and children. She demands the
absolute custody of the. children.
Rain Has FaUen More or Less Since
Early Morning.
Dark, low hanging, threatening
clouds have prevented a ray of sun
shine reaching the earth in this lo
cality today and there have been nu
merous showers" lasting for but a few
moments at a time all-day. About 4
o'clock this morning a shower during
which .14 of an Inch of rain fell oc
curred and the precipitation since
that time has amounted to but two
hundredths of an inch. : .
The forecast for tonight as well as
the general appearance of the sky in
dicates possible showers in this sec
tion ,of the state. Fair and . warmer
weather is predicted for the central
and western portion. The wind has
been blowing from the northeast all
day. 'the temperatures' today are:
7 o'clock .. 59111 o'clock 74
8 o'clock 63113 'clock 70
9 o'clock .....66 1 o'clock 71
10 o'clock 9 2 o'clock . 73
Will Be Accorded Same Right as That
Extended to Germany.
Washington, June 6. Secretary Root
has informed the government of France
that he is prepared to extend to the
French chambers of commerce the same
privileges relative to the certification of
invoices In the case of goods exported
to America as are accorded to the Ger
man chambers of commerce under the
modus Vivendi just concluded and pro
claimed. It is stated that like privileges
may be claimed and will be accorded to
other nations if the conditions are sim
ilar, that is if the chambers of commerce
occupy the quasi governmental position
which they enjoy in Germany.
Incendiaries Start Fire in Three Places
Allentown, Pa.. June 6. What was
apparently an effort of incendiaries to
destroy the city of Allentown occurred
here when firemen were called almost
simultaneously to fight three fires in
the business section of the city.
The first fire occurred in the stock
house of Bittner, Hunsicker & Co., one
of the largest dry goods houses in the
Lehigh valley; the Prince Furniture
company and the third at the furniture
factory of Helfrich, Bohner & Co.
An effort was made to draw the fire
men from the business section by turn
ing in a false alarm from a remote
residence section of the city. Total
loss $125,000.
Sixty-Three Emporia Normal Students
Freo From Examination.
Emporia, Kan., June 6. Teachers'
life certificates were granted to sixty
three Normal students by Allen H.
Bushey, president of the board of re
gents of the Kansas State Normal
school at its forty-third commence
ment here and the degree of Bache
lor of Arts in Education was confer
red upon three persons, among whom
was Mr. Bushey, the president of the
board of regents.
This is the first year the normal
school has conferred the arts degree
on any of its students. Miss Adele
Maddux received the first diploma
granted to a Normal student for com
pleting a two years' course in kinder
garten work. The arts degree was
conferred upon Mr. Bushey, William
A. Sterba, of Cuba, Kan., and Miss
Katherlne Pearl Stuckey, of Emporia.
Xot Surprised Rt Anything.
Denver, Col., June 6. "Nothing to
which Harry Orchard may testify will
surprise us." said C. E. Mahoney, act
ing president of the "Western Federa
tion of Miners, today. v
"He probably has committed all the
crimes to which he lays claim, but
neither he nor the state will be able to
Implicate the Western Federation or
its officers in any way, as being con
nected with his criminal acts."
Weather Indications.
" Chicago, June 6. Forecast for Kan
sas: Partly cloudy tonight with possi
bly showers in east portion; Friday
generally fair. .
Two ' Preachers Arrested for
Drunkenness at Frontenac.
Had Secured Evidence Against
the Saloons.
This Was Taken Away From
Them by Police.
J. It. Codding Begins Campaign
Against Liquor Sellers.
Pittsburg, Kan.. June 6. There Is
great excitement In Crawford county
caused by the arrest at Frontenac of
two preachers engaged in securing
evidence against the saloons, for
drunkenness and1 disorderly conduct.
J. K. Codding, attorney for the
State Temperance union, is In the city
opening a branch office and will make
this headquarters for a campaign
which he will commence against the
liquor sellers of Crawford and Chero
kee counties. The conditions here are
as bad or worse than they have been
at any time during the fifteen years
that open saloons have flourished,
though at present Pittsburg Is deriv
ing no revenue from the saloons which
are running wide open and without
restraint of any kind.
The climax of lawlessness was
reached last night when the police
who are In sympathy with the existing
conditions arrested and threw into jail
two ministers from Fort Scott, Rev.
J. W. Primrose and Rev. Burkstresser,
on a charge of drunkenness and dis
orderly conduct. The ministers acting
as agents of the State Temperance
union had visited 17 of the 25 open
saloons of Frontenac, which is really a
suburb of Pittsburg, and made pur
chases in each instance.
They were with Rev. G. A. Calkins,
who is pastor of the First Methodist
church at that place, and as they were
preparing to take a street car he
escorted them to the street car line
and they were not molested in any
way. A block or so farther on the
car was boarded by two policemen
who arrested the preachers without a
warrant and they were thrown in jail
on a charge of drunkenness and dis
ci Jerly conduct, where they are now
confined awaiting trial.
May Stay in Jail.
It is the plan of the State Temper
ance union to leave them in jail until
they are tried and they expect that
the action taken at the trial of the
case will bring out evidence to show
that the city is back of the prosecu
tions. Bond will then be furnished
and -the case appealed to the higher
court and an attempt made to show
that the city officials are familiar with
and have countenanced the existing
There are ho joints In either Craw
ford or Cherokee eounties excepting
some of the lowest kinds of dives
which exist, but liquor is sold as open
ly over bars as though there was no
law prohibiting its sale. The saloons
are equipped with the most expensive
furniture, with fine bars and mirrors
and polished brass footrails for the
feet of the drinkers to rest upon.
No attempt Is made by the saloon men
to disguise their business and their plea
is that the conditions in mis locality
justify their stand as the sentiment
favors open saloons. Up to a short time
ago the fine system was employed and
the saloon men paid stipulated amounts
each month and the city derived the
benefit. Since the activity of Attorney
General Fred S. Jackson the collecting
of these fines have been omitted thought
none of the saloons have closed their
doors or attempted to conceal the fact
that they are violating the laws of the
When the ministers were arrested and
thrown Into jail their suit case contain
ing 17 bottles of whisky purchased at
as many different saloons was taken and
is now at the jail which holds them as
prisoners. There are 148 saloons in
Crawford county alone, 25 of them being
located in Frontenac and as many or
more in Pittsburg. Notwithstanding
the pledges of Governor Hoch he has
taken no steps to change the existing
conditions and the only work done along
this line has been done by' the attorney
Wolley Promised to Be Good.
County Attorney G. H. Wolley was
called on the carpet last week by At
torney General. Jackson and it is said
that he promised to enforce the prohib
itory law without the apopintment of an
assistant attorney general and the tem
perance people feel that he will keep his
word and work in conjunction with
them In closing the saloons.
No concerted action has been taken as
yet by the State Temperance union but
thes plans have all been made and the
battle for law and decency will com
mence next week. The temperance peo
ple look upon the arrest of their two
representatives as the best thing that
could have happened to aid their cause.
Attorney General Jackson has ordered
all the saloons In Crawford county
closed and the temperance people have
granted County Attorney Wolley time
in which to formulate his plans for a
campaign to suppress them. In case he
does not do his duty Governor Hoch
will be asked to appoint an assistant
attorney general and Wolley will be de
posed and a battle royal win De on in
the stronghold of the liquor traffic in
the state which will never cease until
the saloons are closed.
This community is composed large
ly of miners many of them foreigners
and it is this element which Is opposed
to the enforcement of the prohibitory
law. Drunkenness is more prevalent
of late than it has been in many years
and the conditions are deplorable in
the extreme and no aid has been of
fered by Governor Hoch.
Idle Hour park which is a resort at
the edge of the city where Helm beer
in handled exclusively and which is
supposed to be the property of the
Ferd Helm Brewing company of Kan
sas City has never been closed and is
even more open In Its violations of the
prohibitory law than in, the past.
Conditions Bad Says Dunlavy,
In speaking of the existing condi
tions Rev. J. M. Dunlavy, pastor of the
First Methodist church in Pittsburg,
and for two years pastor of the Meth
odist church ,in Frontenac said: "The
conditions at' the present time are as
bad or worse than they have ever been
and apparently there has been no ef
fort made by either the city or county
officials to better the existing affairs.
"Open saloons are on every side and
the contempt of the law is shown in
every possible manner by those op
posed to Its enforcement and who plead
that the sentiment of the community
justifies open saloons. There Is a cer
tain element which contends for open
saloons, but among them are found
those who hold all other laws of the
country in much the same way as they
do the prohibitory law.
"Many of these open advocates of
violation of the law are foreigners and
a large per cent of the Illiteracy of the
county Is to be; found among them.
There are many of the best people of
the county who deplore the existing
conditions and it is from this element
that the attempt to close the saloons
"The temperance people of the com
munity are sanguine that the cam
paign which has been started by the
state temperance union will bring
about the result which they have
hoped for for years. The branch of
fice opened in this city will be in the
heart of the district where the viola
tions of the law have been the most
open and notorious and In the end will
probably accomplish the end desired."
Noted Temperance . Lecturess
Dies Suddenly, Aged 70.
She Toured the Country for
Bryan in 1896.
Lafayette, Ind., June 6. Helen M.
Gougar, - the ivell known temperance
leader, and lecturer, dropped dead at
her home today of heart failure. She
was 70 years of age and for many
years had been a leading temperance
agitator. In 1896, she toured the coun
try speaking for Bryan for president.
Although her home had been in La
fayette for many years, she was per
haps better known outside, for most
of her work was done in other cities.
For a time she was engaged in editor
ial work on newspapers.
Anti-Japanese Sentiment Is Found Xo
Where Else.
London, June 6. Baron Takewo Oza-
wa, vice president of the Japanese Red
Cross society, who has arrived here
from New York, May 26, to attend the
Red Cross conference which is to open
here June 10, throws cold water on the
sensational reports of the ill-treatment
of Japanese in America, to which some
of the most staid English papers are
devoting much attention. In an Inter
view today he is quoted as saying:
"Naturally, as a member of the house
of peers and a politician, I was anxious
to see to what extent anti-Japanese
feeling existed in the United States. I
may say that the San Francisco affair
is much mere local than I thought it
was when I was in Japan. As a result
of my investigations in the United
States I am able to declare that the feel
ings of Americans towards my country
are most cordial. No where did I find
the least sign of unfriendliness with the
exception of San Francisco. We in
Japan wish the situation between the
two countries to become more and more
harmonious, hence the desire that no
such jar as occurred in San Francisco,
although a purely local one, should be
It Went Down and Four of the Occu-
pants Were Drowned.
O'Neill. Neb., June 6 A fishing party
had a sad and tragic ending at Wund
er's lake, eight miles southeast of Page
the first station east of O'Neill on the
Great Northern road today, i our per
sons were drowned by a boat capsiz
ing. The deaa:
Clinton Samson, aged 44 years.
Morris Samson, aged 20 months.
Mrs. Blanche Tracy, aged 30 years.
Miss Alice Dunn, aged 20 years.
A party of about 30 people living In
the vicinity of Page went to the lake
to spend the day fishing. The accident
occurred when a boat load of six per
sons started out on the lake and went
down only about 20 feet trom trie bank.
Two of the party, Mrs. Samson, wife
of the man drowned, and H. W. Tracy,
husband of one of the women were got
ten out by the aid of fish poles. The
bodies of the drowned were fished out
with hooks and lines shortly after they
The coroner's inquest found that
overloading the boat caused the trag
But One Foreigner Will Die for At.
tempt on Cabrera's Life.
Mexico City, June 6. According to a
telegram received in the city twelve of
the nineteen men condemned to death by
court-martial proceedings because of an
alleged attempt on the life of Fresident
Cabrera of Guatemala will be executed.
Eleven are Guatemalans.
One of the Mexicans accused, Jose
Mendosa, was exonerated. The other
Mexican implicated, Nazari Mendosa,
was sentenced to fifteen years' imprison
ment. Two of the Italians charged with
complicity in the attempt were each
sentenced" to fifteen years' imprisonment.
Of the other foreigners on trial one, a
Spaniard, will be executed.
Two Men Badly Hurt on the Rock
Island Tracks at McFarland.
McFarland, Kan.', June 6 Olie Greeser
of Maple Hill, and Lou Smith of Cedar-
vale, were injured here Wednesday while
trying to cross the Rock Island tracks
between the depot and the town.
Greeser's injuries may prove fatal, but
Smith will live, although badly injured
about the legs. The accidents did not
occur at the same time. Greeser was
trying to cross the thirteen tracks
which are between the depot and the
town. He was dodging moving cars
when train No. 40 struck him. He was
injured internally. Later Lou Smith
attempted to cross the tracks and was
struck by a switch engine.
Promotor of Uncle Sam Oil Co.
Given 3 Months for Contempt.
He Made Allegations Against
Three Federal Judges.
Charges of Railway Influence
on the Court Malicious.
The Examination of Tucker
Turned Over to N. H. Loomis.
Tucker's Attorneys to "Washing
ton to U. S. Supreme Court.
May Also Lay the Case Before
President Roosevelt.
Leavenworth, Kan., June 6. Judge
W. C. Hook of the United States cir
cuit court sentenced H. H. Tucker, Jr..
of the Uncle Sam Oil company, who Is
under Indictment for fraud, to ninety
days in the Leavenworth county Jail
late Wednesday afternoon for filing an
affidavit In the circuit court reflecting
on Judge John C. Pollock, Judge Phil
ips and Judge McPherson of the Unit
II. II. Tucker, Who Has Been Sent to
Jail for 0 Days for Contempt.
ed States district court. Tucker was
sentenced after he was placed on the
witness stand and afforded an oppor
tunity to substantiate his charges
against Judge Pollock and others.
Tucker was put in jail last night.
The attorneys for Tucker, especially
Albert L. Wilson of Kansas City, who
filed the affidavit, were severely con
sured. Wilson was not allowed to take
part in the court proceedings. John
Marshall, a New York attorney, said
to represent W. R. Hearst, and the at
torney general of Ohio, Mr. Monnett,
were both In the court room, but
neither of them appeared openly in the '
case. Marshall was denied admission
to the circuit court bar when a motion
was made by A. L. Wilson to admit
him Monday.
Judge Hook came from St. Paul es
pecially for the case. He arrived just
in time to get to the court room at 2
o'clock, when the case was set for
hearing. After the filing of Tucker's
affidavit Monday, Judge Pollock tele
graphed to the United States circuit
court of appeals, in session in St. Paul,
that objection had been made to his
sitting In the case. He also said that
reflections had been made on him and
requested that some judge be desig
nated to come to hear any testimony
that might be offered to support the
allegations. Judge Philips was in St.
Paul, but his name was mentioned
along with Judge Pollock and he could
not sit, and the same applied to Judge
Charged Railway Influence.
In his petition for a change of venue
Tucker charged that the prosecution
was the result of a conspiracy by the
Standard Oil company to crush out the
Uncle Sam Oil company and prevent
it from competing with that company
in the sale of refined oil. He charged
a conspiracy on the part of the Santa
Fe, the Chicago, Burlington Quincy,
the Kansas City Southern, the St.
Louis & San Francisco and other rail
way companies operating in this part
of the country to prejudice Judge Pol
lock of the district of Kansas, Judge
John F. Philips of the Western district
of Missouri and Judge Smith McPher
son of the Southern district of Iowa
against the Uncle Sam company In fa
vor of the railway companies and the
Standard Oil company.
Tucker then said in his petition that
Judge Pollock, Judge Philips and
Judge Smith McPherson, In company
with Gardiner Lathrop, general solici
tor of the Atchison, Topeka & Santa
Fe railway: Samuel Moore, general so
licitor of the Kansas City Southern
railway, and O. M. Spencer, general
attorney of the Chicago, Burlington &
Quincy railway, were entertained in
the private car of Gardiner Lathrop
on a trip to 'lampico, Mex., January
28. 1906, lasting two weeks. At that
time and since. Tucker said, the rail
way companies had surrounded Judge
Pollock with persons wno had pre
judiced his mind against the Uncle
Sam company and against the manag
ing officers or tne company.
He said also tnat tne conspirators had
caused to be written to Judge Pol
lock letters, purporting to be written
by stockholders, for the purpose of pre
judicing his mind, and that a bill In
equity presented to Judge Polleck con
tained many false statements which re
sulted in the - filing of an Information
charging the Uncle Sam company with
fraud. For these reasons. Tucker said.
Judge Pollock was so influenced that
he could not give a fair and impartial
Then. Tucker cited, judge PollocK
fixed his bond at $15,000 which was un
reasonable and then fixed the bonds
of the temporary receiver and petition
ing creditors unreasonably low.
In the hearing ol nis motion to dis
miss the case it la charged in the pe
tition that Judge Pollock had reiied
(Continued on Page Eight)

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