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EVERYBODY 10 PAGES READS IT. L EVERYBODY 10 PAGES NEEDS IT. J LAST EDITION. FRIDAY EVENING. TOPEKA, KANSAS, JUNE 28, 1907. FRIDAY EVENING. TWO CENTS OVER OLDGRODND William Easterly Tells of Troublous Days In Colorado In His Testimony at the Trial of IV. D. Haywood. MAKES STRONG DENIAL Of Much That Was Testified to by Harry Orchard. Heard Him Threaten to Take the. Life of Steunenberg. Boise. Idaho. June 28. William East erly, who wasi one of the leaders of the great Cripple Cieek strike and whom Harry Orchard connects with some of the violence in Crlrr'e Creek, was re called to the stand at the Steunenberg trial this morning and continued his tet-timony in behalf of William D. Hay wood. Easterly directly denied Orch ard's testimony that reflects upon him and swore that in the fall of 1903. he heard Orchard threaten to kill Steunen berg. On cross-examination. the state itrongly attacked Easterly for remain ing silent after he knew Orchard as Thomas Hogan. had killed Steunenberg and not speaking until Orchard made a confession implicating the Western Federation of Miners. Dr. McGee Recalled. Immediately after court convened this morning the prosecution recalled to the stand Dr. I. L. McGee of Wallace. Idaho, a witness for the defense, whose i rosp-examination had been deferred. Dr. McUee had testified that he saw Harry Orchard in the Coeur D'Alenes in 1904. On one occasion he observed Orchard in company with a man named Cunningham. Orchard claims to have given the Peabody bomb to a man of this name. The prosecution today wanted Dr. McGee to describe Cunning ham. The witness said he had seen the man but twice and then they al most came to blows over a political discussion. "Was Cunningham a stout man?" asked Mr. Hawley. of the prosecution. "We didn't get that far," replied the witness. "Did he have a mustache?" "I don't know, but he had a gun." Following Dr. McGee, W. B. Easterly was called to continue his testimony, begun yesterday. Easterly denitd positively that he had ever talked with Harry Orchard as to the Independence depot explosion. Orchard was at Cripple Creek the latter part of 1903, and; the first of 1904. "He mined a little," said the witness, "but be was quite a fiend at card games. He seldom worked more than a month at a time." Leaders Counselled Peace. Easterly asserted that during the Cripple Creek strike there was never any talk of violence, except by a visit ing member. The visitor proved after ward to be a secret service man in the employ of the mine owners. The labor leaders always counselled peace, saying that any disorders which might occur would be attributed to the union. Easterly went over much of the giound covered yesterday in the testi mony of W. F. Davis. He told of the meeting addressed by Moyer and Hay wood at which the two accused men urged the miners to maintain peace and order. "Did you ever hear Moyer and Hay wood tell Orchard in Denver in your presence that he could not go too fierce at Cripple Creek to suit them?" asked Mr. Darrow. "I did not," replied the witness. Easterly said he was arrested at Cripple Creek "as a matter of military recessity" and was thrown into the "bull pen" for several days. Easterly said he was at home in bed when the Independence depot was des troyed. He did not know what had happened until next morning. He then heard that the soldiers were coming and went to Cripple Creek from where along with many others he went to Victor. "Were you armed?" asked Darrow. "No, sir. not with a rifle." He Had a Six Shooter. Easterly said he had a "six shooter." At Victor he went to the Union hall v. here several hundreds members of the Western Federation of Miners were gathered. The streets were filled with all sorts of people, some soldiers, some detectives and some mine owners" offi cials. Easterly declared that the sol diers in passing federation men would Say: "There's one that ought to be hanged or have his head shot off." In the afternoon C. Hamlin, secretary of the Mine Owners' association, made a speech in the streets in which he refer red to the Independence depot explosion and said that 50 or more of the leaders ought to be hanged and the rest driven out of the district. Then a shot was fired and as Easterly put It, "the fireworks began." "You were armed?" repeated Darrow. "Yes. sir." "What did you do " "I did like many of the others. I was very badly excited " "Where did you go?" "When the filing was over I went up Third avenue and stayed there until I saw the militia maneuvering around and apparently surrounding the Union hall. Then they began shooting at the hall and I went on up the hill toward home. On my way I stopped at Steve Adams and told him what I had heard and seen." Talked to Steve Adams. "What did you tell him as to leaving the country?" "I told him of the threats I had heard against him and others and told him he had better protect himself. When I got home I armed myself with a Winches ter repeating shotgun and then went to Goldfield, Colo., where there was to be a meeting of union men. I met several of the boys on the way and they were also rmed. We were going to meet to pro mpt ourselves. "While we were at Goldfleld we saw the militia and Citizens' Alliance people and the sympathizers all around, going about and taking into custody all the union miners they could find." Easterly said there were but about 20 r 25 union men in the hall, where the meeting was being held at Goldfield, Colo. When the militia started in their direction the miners left the hall and started up the hills. As they went shots cre flred at them. The miners took refuge in some prospect holes but were driven further up and over the hills. r -sterlv said that one bullet struck within a foot of him and a splinter of rock struck him over the eye. "Did you fir back at the soldiers?" asked Mr. Darrow. "I did not. I had a shotgun and it wouldn't reach that far." "That was the. only reason, was It " "Yes, sir." Easterly detailed his movements after crossing the hills, saying that he reach ed Denver in a few days. There he raw Haywood, Moyer and Pettibone. Easterly changed his name to "" I'.l Brown." The witness said he went from place to place, working where he could until 1905. when he once more came back to Denver. On his way to Pueblo he met Orchard and Vaughan. C rchard told hl:. he had been selling life and hail insurance and had been making lots of money. Hears From Orchard. Leaving Colorado in 1905, Easterly came to Silver City, Idaho. He had seen Orchard again in. Denver but the man had never spoken at any time of any act of violence. The witness then proceeded: "In the November after I arrived at Silver City - Simpkins came there at the in"itation of our local to organize the miners in South Idaho. "Simpkins told me that Harry Or chard or Tom Hocan was in Caldwell selling insurance and mining stocks and that he peemed to be doing well. After that I got a letter from Orchard ". "Did you keep that letter?" "No, sir. Orchard referred to our talk in Pueblo and said that he was selling life insurance in Caldwell, which was in a pretty valley; that he intend ed to sell hail and storm insurance. He asked me to come over and help him. I replied to this and said I was doing too well and declined to go." Easterly said he got a second letter to which he made the same reply, and then a telephone message from Hogan. "He had received my letter, but want ed to know if I could not get a layoff and come over to see him for a little while. I said I was too satisfied where I was." "Did Orchard say anything about his intention to kill Governor Steunen berg?" "No, sir." Easterly said that in Colorado he once heard Orchard declare that he had lost his interest in a valuable mine through Steunenberg and "would get him." Cross-Examination. Senator Borah here took up the crops examination of the witness. Easterly said he was in Colorado during the Steunenberg troubles in the Coeur D'Alenes and as a member of the un ion he contributed to the support of the Idaho miners. He also felt with others that Governor Steunenberg was trying to break up the union. Orchard's threat against the governor after so many years impressed mm, n.asteriy said, but he did not really know if the man intended to carry it out "I told him he was a vindictive sort of man to carry a grudge so long," de clared the witness. He only heard Orchard make the threat once. "You seemed to know Orphard nretty well?" suggested Senator Borah. "Prettv well." "And Simpkins seemed to know him?" "Yes. sir." "And When Simpkins came to Silver Citv he told you about Orchard? "Yes. he was tellinir me about all the men he met on his travels." "Did Simpkins tell you what was troinir on at Caldwell?" "He was looking over the southern Idaho field." "Was he going to organized a union in Caldwell?" "No, sir, but at Pearl, near there "Did Simpkins tell you so?" "No. sir." "Did you see Moyer at Silver City late in 1905?" "Yes. sir. in October, 1905. He was there about two or three weeks be fore Simpkins came. Moyer was in sliver Citv- three or four days. Esterly said he first read about the Steunenberg murder and Orchard's arrest in a Boise paper. "What do you know about a tele gram being received at Silver City to take care of Harry Orchard?" "It was about a week later that Harry Hanlon, our secretary, told me that he had received such a tele gram." He rid Not Tell Anybody. Easterly declared he had not up to this time told anyooay or ine uircau he had heard Orchard make against Governor Steunenberg. "And yet you knew that for two months prior to the killing that Or chard was lurking:around Caldwell, and that he had thei intention to kill the governor ; "I knew he had made the remark. "And vou told no one?" "It didn't occur to me until after th murder. I didn't know where Governor Steunenberg lived ?" "After the governor's death did you tell anybody?" "T told Nueent." "But this was after Mr. Nugent had been employed by the defense in this case and after Orchard had confess ed ?" "Yes sir." "You never at any time told any officer of the state of Idaho? "No sir." "You kept it entirely in your own breast?" ; "I had no occasion to repeat it." "Not until you heard Orchard had turned against the Western Federation of Miners?" "Not until he made the statement he did." "Not until he Implicated the leaders of the Western Federation of Min ers?" "And implicated himself," replied the witness. "Now why didn't you tell anybody?" "It was none of my business. I am not an informer along those lines." "Oh. I see," said Senator Borah, "but you became an informer . after you heard Orchard had turned in former against the Western Federa tion of Miners?" "I didn't say anything about it un til he did." "And if Orchard had not turned against the Western Federation of Miners, you would never have said anything?" "If I had been asked I would." "But you would not have volunteer ed anything?" "I would have volunteered if the matter had presented itself In the proper manner." No Occasion to Tell. Easterly constantly repeated "that he had no occasion to tell anybody." Senator Borah suddenly changed the line of his cross .examination ana took the witness back to Cripple Creek. He asked as to the attack on WM.Z00KIS ALIVE Supposed Victim of SecondNorth Topeka Murder Writes. Communicates With Brother-in-Law From Kansas City. FATHER IX TOPEKA. Came to Take the Body of Son Home. Deepens the Mystery Confront ing the Officers. Sheriff Still Looking for "Other Man" in Morkinson Tragedy. ' William Zook is alive and well. So the identification of the body of the murdered man as his, which was found Monday morning on the Union Pacific tracks Just the other side of the three 'bridges, was a mistake. Robert Meyers, an . employe of the Mail and Breeze Printing company, made the identification. He had seen Zook on the street on Sunday after-? noon and from the clothing worn by the murdered man and the general appearance of his body Meyers was almost certain that Zook was the vic tim of the foul play that had re sulted in the murder. And the peace officers of the county and city believed that this identification was a good one and have been working for the past few days to trace the whereabouts of Zook from the time ho was seen on Sunday afternoon until his murder. This identification was shattered this morning when Sheriff Wilkerson received a telephonic communication from William A. Mealio, a brother-in-law of Zook, who lives in Omaha. Mr. Mealio told the sheriff that he had re ceived a letter from young Zook which was dated yesterday and which had been mailed at Kansas City, Mo., in which Zook inquired about some clothes of his which he had left with his sister some months ago. Zook told his brother-in-law to send the letter replying to his Inquiries to the general delivery office at Kansas City, Mo. Within a few moments after this com munication was received establishing tne tact beyond doubt that Zook was in the land of the living, M. L. Zook, the father of the young man. walked into the sheriff's office. He had come all the way from Fargo, North Dakota, and just as fast as the trains could carry him, for the purpose of taking care of the body of the murdered man, which old man peace. Stuart and the justice of mastenv saia mat ne had never talked to Steve Adams on the subject Easterly said he lived about a quarter of a mile from the Independence depot, Adams about a mile away- and urcnartt an eighth of a mile. He was examined closely as to whether any of tne men working around the Inde penaence aepot were union or non union men. Easterly said that so far as he knew they were all nonunion men working in union "fair mines.' "One of the men killed by the explo sion, he said, "had been a member of the union. "When you left your house, the day after the Independence depot explo sion, did you leave an Infernal machine under the floor? "No, sir." "A shotgun?" "No, sir, I left two rifles." "Let's see, you kept in your house two rifles, a shotgun, a six shooter and an infernal machine?" "No, sir." "What did you keep?' "I kept a shotgun, two rifles and a six shooter. , "Infernal machine is- rather in definite, " suggested Mr. Darrow of the defense. . "Not to an expert," rejoined Senator Borah. "Then you may know about it, but I don t, declared Darrow. "Well, if I don't, we have a witness who does," said the senator. "I guess that's so," commented Dar row. i Senator Borah quickly brought the cross examination to a close. Redirect Examination. On redirect examination Mr. Darrow asked about Moyer's visit to Silver City in 1905. Easterly said he saw him in the bunk house in the presence of 20 or 30 men. The threats made by Orchard in 1903 were then taken up and Mr. Dar row asked when the fact that Orchard had mar" . these threats come back to his memory. Easterly said he remem bered immediately Orchard was ar rested. 'And you at once went to the attor ney for the federation and reported it to him?" "Yes, sir." Easterly said the crime was attributed to the Western Federation of Miners by some of the papers long before Orchard confessed. On recross examination Eas terly said it was in January. 1906, and not February, that he first told Nugent about the Orchard threats. He was ask ed if he desired to modify his statement that he had not told the lawyer until af ter Orchard's confession, but declared that he did not believe that he had made the statement. 'That's so," said Senator Borah. 'You told Mr. Nugent as soon as the matter came to your mind, did you?" quietly put In Mr. Darrow. "Yes. I did." Easterly left the stand and Joseph Scholz was called. Scholz said he was in Cripple Creek in 1903, and 1904. Or chard said that a man named Scholz had gone down into the Vindicator mine with him to set oft a carload of pow der. He was confronted by the man who took the stand today but said he wa. not the same person. Scholz said today that there was.no other Scholz in Cripple Creek until late in 1904. when a man by that name arrived. The witness said he did not know him. George Breen, who was a railway man at the time of the explosion of the Independence depot and worked out of Canon City, was called to testify to the bringing of bloodhounds from the penitentiary to 'Victor upon the day of the explosion. He was briefly exam ined and the state passed the cross examination. Recess was then taken until- 1:40 p. m. had been ' idahtlfied as nis - son. Mr. Zook came straight through from Fargo and. the -first news he received that his son was alive, came from the sheriff, who told him of the word he had receiv ed fTom Mr. Mealio at Omaha. To say that Mr. Zook was overjoyed expresses his feelings but slightly. In fact the good news was so sudden and unexpect ed that Mr.- Zook, was -quite affected for a few moments. - He-Jtook immediate steps to . arrange to -xheet 'his boy in Kansas City. He said that his son had been away from home for about a year and that he had , been traveling and working his way throughout the far west. The last that he- heard from him was that he was coming east with a load of sheep from Albuquerque; Mr. Zook has another son named . Daniel who is four years older- than- -William And of whom he has not heard- in some time. Mr. Zook left for Kansas City within a few hours after he arrived here. The body, which was. thought to have been young Zook's, -Was buried last night in the. potter's field and there is now slight chance, that this murder will ever ' be solved. . There is no- doubt in the minds of the sheriff -and-the other county authorities that; the man; whose body-was found, was; murdered. - The bullet found in the head and the severe slash in the throat and-chest established a murder beyond peradventure. There is just about one theoTy left as to this murder. That is. that It was the result of a fight in a box -car and that the body was dropped from, the car at the place where it was found. Maude bmson Taken Vp. Sheriff Wilkerson was working on murder clues until after 2 o'clock this morning. He is- convinced that there was more than one person mixed up in the murder of William Morkinson, the fruit peddler, and for which Wilburn Van Horn, the hackman, is now in jail under-a charge of murder-in. the first degree. The sheriff heard yes terday that there was a mattress with a large splotch of blood on it in the re sort conducted by Maude Lawson at No. 116 East Norris street. It hap pened that Maude Lawson and her husband Frank were arrested some weeks ago for , violating the prohibi tory law and were out on bail in the sum of $500 each which was furnish ed by John Heitman.' When Heitman "learned " of the bloody mattress in the Lawson house he- notified the-sheriff that he wished to withdraw-from the woman's bond, se the sheriff took her into custody at 2 o'clock this morning. He also brought the mattress' with the blood spot on it over to the jail. This blood splotch is a large one in- one of the corners of the mattress. Maude Law son insisted that this splotch was -on the mattress when she bought it from another woman and. gave an explana tion as to how it got there... Heitman changed-. his mind - this morning about withdrawing from Maude's bond, bo' the sheriff released her from jail, although he was not quite satisfied with the story the wo man told about the blood splotch on the mattress. No further evidence has been se cured by the county authorities in the Morkinson murder case. They believe that, the evidence rt hand places It squarely at the dar of Van Horn, but they are going to continue their work to make this evidence more conclusive if possible. "WHITE WINGS" STRIKE. Unless Demands'or the Garbage, Men - Are Acceded To. New York. June 28. A sympathetic strike of two thousand street sweepers Is threatened today if the street clean ing' department does not accede to the demands of the striking garbage car drivers. The health of the city is be ing seriously menaced by the great piles of garbage which lie rotting in the streets of the east side. Dr. Dar lington, one of the health board, start ed an investigation today. Several physicians have already reported that much illness is being caused by filth in the streets. The striking garbage men have been on strike three days and unless they return in two days they will be auto matically discharged. The strikers to enforce their demands, which include the abolition of a fine of five days' pay for emptying a can containing both ashes and garbage, and a fine for trotting horses, decided to bring on a strike of two thousand street sweepers today unless their demands were ac ceded to. HAD A BIG FEED. Chicaeo Newsboys and . Bootblacks tiuests of Volunteers of America. Chicago, June 28. Like an army of starved soldiers, 11,000 newsboys, bootblacks and tenements poor moved on Washington park yesterday and laid siege to 17,000 boxes of lunch. 185 gallons of ice cream and 40,000 glasses Of lemonade. The Volunteers of America who contributed the eat ables, made no attempt to defend the food and the drink they capitulated unconditionally. How the vast assemblage of chil dren ever got to Washington park will never be known. Some came in automobiles, other in carriages of the rich, soap wagons, grocery rigs, some walked and thirty chartered streets cars transported many. LOVING JURY SENT OUT. While Lawyers Prepare Instructions for Submission to Court, Houston, Va., June 30. When court convened today in the Loving trial the attorneys had not finished the preparation of instructions to be presented to the court. Judge Barks dale stated that the argument in the case would not begin until after 2 in the afternoon and the jury was dis charged until that hour. The fight for instructions may be somewhat drawn out. Judge Loving looked more composed today than at any time during the progress of the trial. . Flour Goes Vp. Minneapolis, Minn., June 28. Patent flours have advanced 10 cents. Quite a lot of new business developed on the advance but the buying had a forced look, Weather Indications. Chicago, June 28. Forecast for Kansas: Fair tonight and Saturday; warm- tonight. POLITICAL GOSSIP Carr Taylor Tries His Hand as a Prophet. Stubbs Will Be Next Governor of Kansas. STATE IS FOR HIM. Says Sentiment of People Is Overwhelming. Real Reform in Freight Bates Is Demanded. "W. R. Stubbs will be the next gov ernor of Kansas," said Carr W. Taylor of Hutchinson today. Mr. Taylor is in Topeka assisting Attorney . General Jackson ; in the preparation of the brief in the Madison branch passen ger service case. "The sentiment of the state," said Mr. Taylor, "is overwhelmingly for Stubbs. Ho is recognized as the lead er of this reform movement, Just as LaFollette was recognized as the leader of the reform movement in Wisconsin. The railroads, the poli ticians and the corporations have de voted their best efforts to ruin fatubbs, and to prejudice him -with the people of the state- by slander. But he stands today preeminently the leader of the reform forces of the state, and I think he , will have to run for governor whether he wants to or not. -1 know he says he won't bo a candidate, but he can't get awav. He is needed. - "As to the primary election for next year, I am not altogether sure it will be a good thing. If it can be properly safeguarded, it should be used, and I don t know but what we can anora to take the risk. The sentiment of the state is so strong for a primary that a primary law is bound to be enacted at the next session. Concerning the proposed installa tion of a new distance tariff of freight rates by order of the. state board of railroad commissioners, Mr. layior says: "It Is gratifying to know that the railroad commission is getting ready to do something. But this action of the board will be closely scrutinized by the people of Kansas. The people will not accept any spurious reform in -freight, rates. . A strict distance tariff is a fine thing, theoretically, but unles3 it is made as low as the very lowest Jobbing rate in effect, it will be simply ruinous to the state. If tne distance tariff is made on a basis of, sav a 50 per cent cut,- It would look very weTT for the board in the news papers, but it would, be of no use to the shippers, Decause even arter a ou per cent cut, the distance .tariffs would be so hisrh that no commodities would move under them. It is the jobbing rates that carry the biz loads, and un less the distance tariffs are made as low as the lowest jobbing rate, the great bulk of commodities will con tinue to move on the jobbing rates, and the distance tariff will be then, as now, largely a dead letter. I say that it would be well to scrutinize care fully the work of the present board of railroad commissioners Deiore passing judgment. I sincerely hope that the board will do its full duty. It has it in its power to' make itself immortal by - merely following the footsteps of the Texas railroad corn-mission, and doing its duty with courage. It has plenty of money to do the work as signed to it." J. T. White.of Ada, Ottawa county, for whom a boom nas been started as a can didate for congress in the Fifth dis trict, is in Topeka today. Mr. White says concerning the congressional situ ation: . "I am not In the race, and I am not out of it. In fact I haven't considered the matter. Some of my friends have been so kind as to suggest that I should run, but I don't have much in clination in that direction. I do not imagine I would be an especially strong candidate outside of my own county, Ottawa, and Saline. "If J. L. Bristow,' of Salina, would consent to be a candidate he could carry every county In the district but one. It is likely that Marshall county would give Calderhead a majority, as that is his home. - But no one could beat Bristow if he would consent to get into the race. I do not believe, however, that he will be a candidate. He has so expressed, himself, on previ ous occasions. "I think it is safe to say, however, that the anti-machine or 'square deal' Republicans will have a candidate In the field. None of the candidates thus far in. the race are satisfactory to us. It looks as though the opportunity would be good to beat Mr. Calderhead. It isn't likely, in my opinion, that Mr. Smith will be a very formidable candi date." Concerning the proposed Republican primary for next year, Mr. White said: "There is such a strong demand for a primary that I can't-see how the state central committee - will dare to ignore it. I believe that we will have the primary. The attitude of the pub lic has "become well defined since the legislature, and the people have let the politicians know that there must be some reformatory legislation. I notice that in New York state they are about to enact a law prohibiting the watering of stock of corporations, much more drastic than the bill which I presented last winter, and which was beaten in committee through the efforts of Gardiner ' Lathrop and other big rail road attorneys who were sent on from Chicago to do the trick. That bill is one of the most important that could be passed, and it is bound to become a law sooner or later.. It prevents a cor poration from selling stock beyond the value of its property. President Roose velt has endorsed such a law." W. W. Gordon, member of the legis lature from Wyandotte county, and one of the leading Democrats of the house, was In Topeka yesterday and expressed the opinion that Governor Hoch would call a special session of the legislature within the next year. "It seems to be sort of In the air that there will be a special session." said Mr. Gordon, "to finish up some of the work started at the last session. For ona thing, -there would be -a primary election law passed, and a 2-cent fare law. Those two bills would be certain to get through. - "Governor Folk called a special session In Missouri to compel the legislature to enact some needed legislation, and the people of Missouri are applauding him ror it. I believe that thev would sim ilarly approve the work of the governor or Kansas if he should call a special session. "W." A. Harris will. In my judgment, be the next Democratic nominee for governor. There doesn't seem to be any one else talked of. If the Republicans should nominate Stubbs, he would beat any man the Democrats might put up, and do it easily. But If the Republicans should nominate anybody else, I think tiarrts would have a good show to win. PLEAD FOR JOHN D. His Attorneys Ask to Have the Subpoena Withdrawn. Their Petition Is Promptly Denied by Judge Landis. Chicago, June 28. The attorneys for the Standard Oil company today ap pealed to the United States court for the withdrawal of the subpoena against John D. Rockefeller. Judge Landls re fused to withdraw the subpoena. - John S. Miller, attorney for the Standard Oil company, informed the Court that Mr. Rockefeller, although president of the Standard Oil company of Indiana, was not possessed of the information regarding the . financial condition of the Standard Oil company desired by the court. He also inform ed the court that Mr. Rockefeller was an old man who had many business cares and that no advantage could be had to any person by bringing him into the court. The appeal of the attorney did not appeal to Judge Landis for he prompt ly refused to recall the subpoena and in addition, directed that subpoenas be issued for the vice president and the secretary-treasurer of the Union Tank line. PERMITS DENIED. Japanese Are Given Another Ground of Grievance in Frisco. San Francisco. June 28. The board of police commissioners has denied the application of five Japanese for the privilege of renewing their permits to kee- intelligence offices in this city and refused two Japanese applicants who desired to obtain new permits for the same business on the grounds that the applicants w-ere not citizens of the United States and that heretofore the policy of the board had been always to give preference in these privileges to citizens against those who are not and can not become citizens of the United States. It had been urged on behalf of the Detltioners that they were en titled to the privilege by virtue of th provisions of the treaty, but the police commission contends that if such right does exist it is still subject to laws en acted under the general police powers of the state concerning police and sani tary regulations. A refusal to grant such permits is not, according to tne construction of the board, a violation of the right to trade. President Ha- gerty in giving the decision of the board said that it was the policy of the board to grant such permits only to citizens of the United states ana not to citizens of foreiern countries, and he further suggested that the refusal to grant these permits would open tne way for a determination in court of the extent of the rights of Japanese in this respect under the treaty between the United States and Japan, should the applicants desire to take the mat ter into the courts. BEWARE OF JAPAN. Rev. Henry C. Mabie Says She Should Not Be Tempted Too Far. , San Francisco. June 28. The Rev. Henry C. Mabie, general secretary of the American Baptist Mission union, who arrived on the Korea, has been on a four months' tour of the Orient, Inspecting the mission stations. He gave careful study to the Japanese question and says that Americans should be warned against underesti mating Japan's strength. "They have a standing army of a million men," he said, "and their drill work is not the performance of per functory evolutions. They go at it in the greatest earnestness. Every day of their lives they are put through the jiu Jitsu exercises and the result is a stocky, straight setup soldier, as square cut and trim as that of the English "Tommy Atkins" ever was. No nation can afford to hold the Jap anese efficiency or valor in contempt. Japan is prepared, if need be, to de fend her honor and dignity before the world if a crisis comes. There Is an increasing feeling beneath the surface of uneasiness and sensitiveness in re gard to our immigration policy and the - treatment of ner suDjects. it is not so manifest as reports would en deavor to convey; the thoughtful, substantial men are disposed to be pa tient and to trust to the good Inten tions of our country and our officials for an amicable adjustment of the dif ficulties with due regard to their rights. But there is less of the bumptious and threatening In their attitude than one would expect. It is really surprising that they have not shown a more challenging disposition after their success in arms in the Rus sian war." WANT 500 HARVEST HANDS. Pawnee County Is Short of Help to Garner Its Wheat Crop. Larned, Kan., June 2 8. The har vest is on in earnest here now. Paw nee couaty wants 500 harvest hands at once. The farmers are paying good wages. It Is Warmer Today. The hourly temperatures today were as follows: 7 o'clock 63!11 o'clock 77 8 o'clock . 64112 o'clock 77 9 o'clock 691 1 o'clock .....79 10 o'clock 74 2 o'clock 81 The maximum temperature was 81 and the wind in a easterly direction about nine miles an hour. The eerly morning was cloudy and threatened rain, but cleared off toward noon. Light cumulus clouds were -visible most of the day. NEW WAY OUT. Man Arrested for Felonious As sault Is Acquitted On the Ground That He Suf fered From Psychic Epilepsy. UNHEAltD OF BEFORE. As a Defense for Acts of a Criminal Nature. Possibilities Are Regarded as Limitless by the Lawyers. New York, June 28. Dr. Klmore Elliott has escaped the meshes of th law through a unique plea. He had been arrested for brutally assaulting without provocation, a man and his wife on the public highway. Psychic epilepsy, de- Kfined as epilepsy without any external manifestations, was the defense success fully offered. . Dr. Elliott in his own behalf testified that he had been subject to attacks of psychic epilepsy since childhood and that during these attacks he had no knowledge of his acts or recollection of them upon recovery. Medical testimony was offered to sus tain this plea and the prisoner was dis charged. Lawyers who heard the defense and members of the district attorney's staff continued to discuss Dr. Elliott's strange statement long after the physician had left court. They agreed thatts scope was practically limitless and asserted that psychic epilepsy would undoubted ly prove a successful defense even for murder. 'It is the best defense I ever heard and the best defense in the world," said Assistant District Attorney Turnbull. "No man could be held responsible for any act if it could be shown that he suf fered from this strange disease." GUESTS OF ROOSEVELT. President Entertains Diplomats and Foreign Officers. OTTct'.r t?ov J v -Tun 9R A dis tinguished luncheon party assemhled at Sagamore Hill yesterday as guests of President Roosevelt. Sir Chentung Liang-Cheng, the retiring minister, took. the president before leaving America. The .Norwegian minister, v. nagutr, and Admiral Dahl, of the Norwegian cruiser Haarfagre, now in New York of Secretary of the Navy Metcaif on the gunDoat xanxton, : ana u . imeo were the present's luncheon guests. Others were Captain Richard Wain-wrlu-ht of the naval general board: Captain W. W. Wetherspoon, John Boyle, the sculptor, ana a. r: usnorn and Ernest Ingersoll, authors. THEATER TILL TAPPER. Business Manager of Metropolitan Convicted of Stealing $3,000. at Tani Minn .Tune 28. Harry E. Ricker, formerly business manager of the Metropolitan opera house, bt. Paul's leading theater, was found guilty by a jury in the district court f havlne stolen over S3. 000 from the funds of the theater. Ricker's defense was that ne was held up and robbed in the theater on the night of April 21 or over z,uuu while he was carrying that amount from the box office upstairs to the safe in the office. An examination of the books showed further shortage of funds. Ricker had been in the employ or Manager L. N. Scott for ten -ears. TO LOOK INTO IT. President Roosevelt Orders Investiga tion of Telegraph Companies. Chicago, June 28. A dispatch to the Tribune from Washington says: "In accordance with the instructions of President Roosevelt, Commissioner of Corporations Herbert Knox Smith is arranging for an immediate investiga tion of the relations between the tele graph companies of the United States. This investigation will be conducted in such, a manner as to avoid giving any company or official the privilege of im munity from prosecution in case a- vi olation of the law should be discover ed. 500 DIE IN A FIRE. An Explosion in a Theater at Hong Kon. Victoria, B. C, June 28. A great loss of life is reported from Hong Kong, where 500 Chinese of the audi enca in a Chinese theater and ten ot the actors were burned to death when the native theater was destroyed by fire. The flames spread rapidly and the building collapsed, blocking the en trance with burning debris. The flro is said to have been due to the ignit ing of explosives concealed under the floor of the theater, the fire following the explosion. HELD UP A STREET CAR. "Black Jack" Is Now Operating in Los Angeles. Los Angeles. Cal.. June 28. In plain view of many pedestrians a highwayman, well known to the po lice of many cities under the alias of "Black Jack." last night held up a car on the Sixth and Rampart streets line, relieving the conductor of a watch and (30 in cash, and sending to the chief of police a defiant message announcing his presence In the city and bidding him look out for further holdups. The robber was masked and carried a revolver.