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1 H DAT.CC EVERYBODY 10 PAGES NEEDS IT. REAPS IT. v LAST .EDITION. HE DENIES ALL. Max Malich Called to Stand in the Haywood Case. Swears Orchard's Story Regard ing Him Was a Fabrication. TURNS THE TABLES. Says State's Witness Proposed to Commit Various Crimes And Declared That He Would Kill Got. Steunenberg. McParland's Brother Tells of His Deportation From Yictor. Boise, Idaho, July 2. Max Malich, an other of the men Implicated by Harry Orchard, made his appearance today as a witness in behalf of William D. Hay wood. He directly contradicted all of Orchard's story relating to him. Malich was the leader of the Austrian Smelter Workers at Globeville and conducted a saloon and store and hotel there during the strike. Orchard testified that Malich proposed to him that he dynamite a hotel at Globeville filled with nonunion men and offered him 1,000 to blow up the store of William McDonald, a busl ness rival and privately informed the prosecution that Malich had burned himself with "Pettibone dope" while preparing to burn his own store, and had later burned his store with "Petti bone dope." and that Malich had agreed to help him with an alibi when he killed Detective Lyte Gregory. Malich swore that Orchard had pro posed destroying the nonunion hotel and the killing of McDonald and that he had refused to have anything to do with either crime. He also denied all knowledge of "Pettibone dope" or its use in his store and swore that Orchard told him that but for Governor Steunen berg he would be a rich man and that he would kill him. Max Malicti Is Called. Max Malich was called to the stand immediately after the opening of court today. Malich is a carpenter and miner. He was a smelter man at Globeville, Colo., at the time of the strike in 1903. Malich said he was an Austrian as were most of the men in the Globeville smel ters. "Did you know a man named Harry Orchard, alias Thomas Hogan?" asked Attorney Richardson, who conducted the examination. "I was introduced to him as Tom Hogan by a Plnkerton detective named Gratlas." Malich said he did not know that Gratlas was a detective at this time for 1 he was working secretly and was act ing president of the local smelter union. The witness said it was in Februarj' 19C5, that he met Orchard who was then living with Steve Adams and his wife, Maiich had become proprietor of a small hotel and bar at this time. Orchard testified, it will be remem bered, that Malich had suggested to him the blowing up of a hotel, where 150 non-union miners were living and he had helped him steal 15 pounds of dynamite from the Union Pacific pow der house. Malich declared today that the tes timony was all false. He said Orchard or Hogan came to him one day and said: "What is the matter with you folks out here? The scabs are getting the best of you. Why don't you blow that d n hotel off the earth?" He said he replied: "Tom, I wouldn't stand for it under the circumstances. If you do any thing like that I am going to de nounce you." After this, the witness said. Orchard told him he was Just joking. Malich said he knew nothing about taking any powder from the Union Pacific. Malich Oneo a Councilman. The witness was once a member of the city council of Globeville. He declared two attempts had been made to burn his place of business, the last on the 27th of April, 1905, after Or chard had left Globeville. There had been a card party in the hall of the hotel on the night of the 27th, Malich said, given by the ladies auxiliary in charge of the strike re lief. "I had got to my bed room to re tire," said the witness, "when some body threw a bottle of acid or some thing through the window. The bottle burst about three feet in front of me and some of the fluid splashed on my wrist, burning through to the bone. I grabbed up my three-year-old boy, who was asleep and ran out of the room with him. When we went back the room was filled with smoke from the carpet which was smouldering." I.'alich declared he was never able to find out who attempted the outrage. He saw Orchard in the month follow ing. This time Orchard told him the smelter's company store was taking all his trade away from him. He of fered to "do up" William McDonald, the proprietor of the store for 5100. Malich sail he told Orchard that he had all the trade he wanted and he wouldn't have anybody killed on his account. The next time he saw Orch ard was when the man was writing nail insurance. He lent Orchard $30 which was sent back to him from Rocky Ford. Asked as to Orchard's financial con dition the winter he lived with Steve Adams, Malich said he had to let Or chard have money five or six times, being paid back when the latter "made a raise" at gambling. Orchard bought the cheapest food stuffs in the store. Malich next related a conversation he had with Orchard In a Turkish bath establishment. "I was taking baths for rheumatism," said the witness. "Tom met me one day when I was going to take a bath and said he wouldn't mind having a clean wash himself so I took him plong. He again told me I was easv to let the Globe Mercantile company continue to do business when I might have the trade in my grocery depart ment. He said all I would have to do was to leave Billy McDonald to him. I told him again I didn't want any thing like that. He then got to talk ing to me about Governor Steunenberg and called him vile names and said if TUESDAY EVENING. it had not been for him he would have been a millionaire. He said he had to sell his interest in the Hercules' mine for J500 and get out' of the country. I told him it didn t make any differ ence how much money he had, he would loose it all at faro any way." Malich said the store and saloon at Globeville was burned down June 21 1905. He was on his ranch in Mont rose county, 434 miles from Denver at this time. . Asked If he had ever talked to Or chard with regard to or assisted him in making bombs for Judges Goddard and Gabbert or anything else, Malich caused a rlDDle of laughter by replying: "I never saw a 'boom' in my life yet." The witness was cross-examined by Senator Borah. He was required to trace his movements from the time of his arrival in this country in the early 80s down to the present time. He first met George Pettibone when Pettibone was selling clothes' wringers and rugs. He denied ever having given Pettibone his proxy to the 1903 convention of the Western Federation or Miners. 'How long yas it that you went out to your ranch before your saloon and bus iness place burned down?" asked Sena tor Borah. The Acid Incident. 'Three days." 'Did you have a talk with Orchard Just before leaving?" No, sir. "How much Insurance did you have on the place? "About Jo,800." 'Had you taken out some insurance recently? No." 'Hadn't been some goods been taken from your place Just before the fire and taken to Pettibone's store?" "No, sir." "You never heard of that?" "No, sir." "There was a fire In your place the day after the saloon and business part was burned?" "Yes, sir, they told me so." Malich next was questioned as to the acid incident. . "Didn't you go to Pettibone's store with your burned hand bandaged up and didn't he laugh at you and didn't you reply: 'It's not so funny?' " "I don't remember any conversation with Pettibone about my hand." "Didn't Pettibone say to you, 'You don't want to monkey with my dope?' " "No, sir." "When Steve Adams and his wife moved away from Globeville, didn't they bring some bottles over to your place and leave them in your bedroom and wasn't it one of these bottles you got hold of and thought it had come through the window?" "Say, do you honestly think I would leave anything like that In my room af ter the doctor told me what it was " asked Malich in reply and in injured tones. "No, not after you once got hold of it," said Senator Borah. 'Then go ahead," remarked Malich amid laughter. He declared that the Adamses had never left anything at his place so far as he knew. Believed Orchard In Earnest. "Did you believe Orchard was in earn est when he proposed blowing up that hotel?" 'Yes, until he told me he was joking." 'Up to that time you thought he wai a pretty bad man?" Yes, I did." 'When Orchard proposed killing Wil liam McDonald did you believe he really would kill him if you gave him $100?" "Yes, I thought he would either do it or beat me out of the $100 and not do it." "After this didn't you agree to back Orchard in the saloon business?" "I said I would stand good for him for $300 or $400 but It would not go over that." "Didn't Orchard come to you the night Lyte Gregory was killed and say to you: 'Max, if I am arrested for this you are to remember I was about your place playing cards." "No, sir, Lyte Gregory was killed In 1904 and I never saw Orchard until in late 1905." On redirect examination Attorney Richardson said to the witness: "You told Senator Borah you first met Pettibone in 1887. You meant 1897. didn't you?" "Yes, sir," replied Malich, "I meant 1997." When the laughter had finally sub sided the date was fixed at 189 and Malich left the stand. The next occupant of the witness chair was Joe Meheliet. who also is a native of Austria and former smelter- man. Meheliet is now a miner and a member of the Western Federation of Miners. He said he first met Harry Orchard at Globeville in January, 1905. but denied that he had ever as sisted Orchard or Adams to steal powder from the Union Pacific powder house or anywhere else. "Did you ever have any conversation with Orchard about blowing up a hotel?" He Was Not a Killer. "Yes. sir. Orchard came to me one day and asked me if I could tell him how the hotel was situated. I had worked there two months and told him what I knew. He then asked me if I didn't want to come along and help him blow it up. I told him no; that I wouldn't stick my finger in it as I never intended to kill anybody." Meheliet said he never talked with Orchard as to any attempt on Gov ernor Peabody or anybody else. On cross-examination Meheliet said he had once traveled with Steve Ad ams for several weeks. He had but one talk with Orchard regarding the blowing up of the hotel. Orchard said it was the only way to get rid of the "scabs." Meheliet said he believed Or chard was in earnest and he told Max Malich about it. Malich told him not to get mixed up in anything like that for he could live without killing any body. Witness said he was not at Globeville at the time of the Malich fire. Meheliet first met Orchard through Detective Gratias. He knew nothing of the circumstances of the "falling out" of Orchar and Steve Adams, but un derstood it was over business affairs. McParland's Brother Testifies The next witness for the defense aroused unusual interest. He was Ed ward L. McParland, a brother of Pinkerton Detective James McParland who has been in charge of securing evidence for the state. The witness said he was not a member of the Western Federation of Miners, but a shoe-maker by trade. He was at work in his shop In Victor the day of the riot there following the Independ ence depot explosion. After the shooting started McParland said five men came to his shop and said they wanted him. He was marched between lines of soldiers to the train and taken to Colo rado Springs where he and several hundred miners were transferred to the Santa Fe road and taken to with in a short distance of the Kansas line. FULL OFJIGHT. Ninety Members of the Chicago Teachers Association Start for the N. E. A. Conven tion at Los Angeles. CIIIEFTKOUBLEMAKER Miss Margaret Haley Tells Grievances in an Interview. Objects to Situation Brought About by Ji. C. Dougherty. Chicago, July 2. A big fight over the adoption of a new charter is scheduled to take place in the convention of the National Educational association at Los Angeles next week and the leaders of the disturbance will be Margaret Haley and 90 members of the teachers' union of Chicago. Miss Haley and her followers, who will control the vote of the Illinois del egation, departed on a special train over the Burlington last night. On a Santa Fe train which left earlier were 40 Chicago public school principals. According to Miss Haley, the commit tee appointed at the Asbury Park con ventlon was Instructed merely to rein corporate the organization. "Instead of following instructions," said she, 'the committee got congress to pass a bill giving the association a new char ter which included a set of bylaws, This has proved extremely objection able in many ways. It "not only con tinues the life directors, but there are more of them than there are state di rectors. The five trustees elected by the directors have more power than the present constitution allows. They are the custodians of the $147,000 fund and have sole initiative in expenditures. The directors have none. "The educational policy Is controlled by a national council which practically is separate from the association. This council manages to perpetuate itself. In 1894 Frank Fitzpatrick of Boston, agent of the American Book company, was president of the council." Miss Haley asserted that the principal author of the situation was Newton C. Dougherty of Peoria, now serving a penitentiary term for embezzlement and forgery. Dougherty for several years was an officer and leader in the associ ation. STRIKE EXTENDED. Telegraph Operators Called Out in One More City. San Francisco, Cal., July 2. It is announced that President Smail, of the Telegraphers' Union of America, has extended the strike of the tele graphers by ordering out the operat ors of the Western Union and Postal companies in another city to help out the men on strike in this city and Oakland. Small would not say where the strike had been called and for the present will not divulge the location until the message reaches its destina tion. Orders for the extension of the strike, It is declared, were mailed oy Small last night. it is Denevea Dy many of the operators that either Portland. Los Angeles or Seattle will be the scene of the next walkout, while some declare that the men in Chicago, regarded as the sey to the telegraph situation of the entire country, have been ordered out. The pickets of the Commercial Tel egraphers have been notified by Pres ident Small to look for J. T. Powellson, an operator, who is said to be on his way here from Los Angeles, to act as strike breaker for the Western Union. It is claimed by members of the union that he is a deserter from the signal corps of the United - States and is wanted by the army authorities In Utah. Superintendent A. H. May, of the Western Union, and General Superin tendent L. W. Storer. of the Postal, re peated their assertions of previous days that their companies were handling without delay all business that is offered and emphatically deny the charges made by the striking op erators that they are sending pack ages of telegrams by mail and express. Superintendent May stated that there were 107 men at work in the Western Union main office in Oakland. Six branch offices were reopened in this city yesterday by the Western Union. SUBWAY FOR CHICAGO. An Ordinance Providing for It Intro duced in the Council. Chicago, July 2. An ordinance, was introduced last night in the city coun cil providing for a subway system cov ering the entire city from Evanston no the Indiana line and from Austin to the lake front. The ordinance was intro duced by Alderman Dunn for the Chi cago subway. Arcade and Traction com pany, a corporation of which William Penn Nixon is president. Officers of the corporation declared that there was plenty of money in New York waiting to finance :ne company if the necessary ordinance could be had, and the story In the council chamber was that either the Belmont or the Ryan interests- and perhaps both are back of the plan. The engineer of the train refused to take the men across the state line. "After we left the train three volleys were fired over our heads and we were told to never come back," said McPar land. 'We were in the field some time when along came a train which slowed down. The engineer asked us if we were the deported men. He then told us to go aboard ana ne took us into Holly, Col., where we remained for some time." "Did you ever go back to Victor " "No, sir." -On cross examination McParland said he could not identify any one who did any shooting in the Victor riots. At this point luncheon recess until 1:30 p. m. was taken. j to peka; Kansas, july GARBAGE STRIKE ENDS. Men Will Now Work Overtime Clean Up. to New lork, July 2. The strike of the city garbage collectors is over and the fears of a serious epidemic as the result of condtons which have exist ed for the past week are at rest. A committee representiner the strik ing drivers conferred with Mayor Me Clellan. He promised that if they would return to work he would take up tneir grievances. Later the com mlttee announced that they had de ciaea to sens all the men back to work trusting to the mayor's promise. It was also announced that the men will work overtime until the accumu lation of garbage In the streets had been removed. DEFEAT FOR ZELAYA. Ills Cherished Plan of Union Knocked Out by New Combine. Puerto Cortez, Honduras, July 27. Via New Orleans. July 2. Within the last few days a new combination has appeared on the Central American checker board of five republics where President Zelaya has been maneuver ing for several months by means of revolutionary plots to consolidate the nve countries under one trovernment. The new combination is reported to be Honduras, Guatemala and Salvador. Their understanding was made at Teguicigalpa, Honduras' capital, and aims at defeat of consolidation. bpecial ministers from Guatemala and Salvador recognized President Davalla as president of Honduras, and he agreed, as reported in Washington dispatches, to act independently of the control of Nicaragua. Zelava's candidate for the Honduran presi dency was Terenclo Sierra, and in re cognizing Devalla the Guatemalan and Salvadorean diplomats strength ened the hold of a president hostile to Zelaya and thereby robbed the lat ter of the fruits of his successful Hon durean war, namely the the ODoortun- Ity to name who would obey him. Tb first move at the new com bination was to force the evacuation of Honduras by Nicaraguan trooDS. Thereby Puerto Barrios, Guatemala has within the last week been relieved of the menace of the JCicaraguan gen eral, Estrada's army which for many weeks camped In-Honduras within a few hours of striking distance from Guatemala. Sine the evacuation the defeated generals of former President Manuel Bonillo have been returnine- to their country and some of them have been invited on missions to Gucigalpa which are considered sig nificant. It is reported that - Zelaya did not yield to the demand for evacuation until his envoy. Gamezc who recently eonrerred with President Diaz of Mex ico, received the refusal of Diaz to act with Nicaragua -in an attack upon Guatemala. It is reported also that Nicaragua has already spent between $2,000,000 and $3,000,000 in the at tempt to place men of Zelaya's choice in the presidential chairs of other re publics and that the . people are dis contented with tne large expenditures. Nicaragua issued about $2,000,000 in treasury notes, a per centage of which were to bo redeemed in customs daties. . Blame for the failure of the recent revolution in Salvador in which Nicar agua participated is laid partly to the choice of Dr. Alfano as leader. It is said that many Salvadoreans were ready for a revolution, but that they would, not follow Alflro preferring General Branio. who, however, was not pleasing to President Zelaya. M. 0. FOR PHILADELPHIA The City Enters Into Partnership With the Street Railways. ; Philadelphia, July 2. Mayor Reiburn has signed an ordinance passed by councils which virtually makes the city of Philadelphia a partner In the Philadelphia Rapid Transit company, a corporation wnicn controlls all the street car lines in the city. The or dinance was suggested by the retail merchants' association with the obleot of increasing the efficiency of the gen eral street car service. According to the ordinance the cor poration is given limited franchises for all the lines in the city for 50 years and during this period the company is to share equally with the city all pro fits In excess of 6 per cent on the act ual paid in capital. The end of the 50 years' the city reserves the right to purchase the property. Good Breeze But Hot. There is a nice gentle breeze blow ing from the east today at the rate of nine miles an hour and the sky Is partially covered with lazy floating clouds and all in all nature seems in a measure at least satisfied with the prevailing conditions. It's hot in spots, but then there are plenty - of shady places where the temperature is moderate on account of the breeze which has prevailed most of the day. The forecast for tomorrow augurs the same class of weather with but little If any change in the temperature and 'no prospects for a shower noticeable to the trained eye of the weather man. The score for today bv Innings was: 7 o'clock 71111 o'clock 80 8 o'clock 74112 o'clock. .... .81 9 o'clock 771 1 o'clock ..83 10 o'clock 80J 2 o'clock 85 Kansas Reunion Dates. G. A. R. reunions in Kansas were an nounced today as follows: Dodge City. August 7 to 10; Paola, July 13 to 22; Rexford, September 18 to 20; El Dorado, September 3 to 6; Pittsburg, August 10; Cherryvale, August 19 to 24; Hutchin son, August 20 to 24; Washington, Au gust 28 to 30; Winfleld, September 3 to 6: Council Grove, September 18 to 20; Sedan, September 23 to 29; Eureka, Oc tober 8 to 11. New Line for the Santa Fe. Arkansas City, Kan., July 2. The Santa Fe assumed control and opera tion of that part of the Denver, Enid & Gulf road extending from Guthrie, Okla., to Kiowa, Kan. ; This adds 117 miles of track to the Oklahoma divi sion, making a total of 503 miles. The part of the road west of Kiowa proba bly will be operated by the Panhandle division of the Santa Fe. ... 2,1907. ASHBAUGHTO QUIT Attorney for Railroad Board Gets Better Position. Will Be Assistant in Depart ment of Justice. THE PAY IS BETTER. Salary in New Place Is Three Thousand Dollars. A. E. Helm, of Wichita, May Be His Successor. Judge S. S. Ashbaugh. attorney for the Kansas board of railroad commis sioners, will resign his position at once to accept the appointment as assistant attorney In the United States depart ment of justice, with headquarters in Washington, at a salary of $3,000 a year. Judge Ashbaugh was appointed to his new position by Attorney Gen eral Bonaparte of the United States department of justice. .and his work will be entirely in the court of claims. The appointment of Judge Ash- baugh's successor rests with Governor Hoch. The only man who has been mentioned for the place thus far Is A. E. Helm of Wichita, Judge Ash- baugh's law partner. Judge Ashbaugh today refused to discuss his new honor. He said: 'Don't ask me about it! I don't want to say a word. It would com plicate things, and I positively must not discuss the matter." "You will accept the appointment. will you?" "Yes." "And when does It take effect?" "At once." "And your headquarters will be In Washington?" Yes." Who is likely to be your succes sor?" I don't know haven't had time to think of it." Governor Hoch was notified by Judge Ashbaugh this morning of the appointment. It was the first he Mad heard of it. Judge Ashbaugh has not .yet ten dered his resignation," said Governor Hoch at noon today. He merely notified me of the fact that he would acceDt the new place. I expect that I will appoint his successor before next Thursday, when I will leave town to speak at Carthage, Mo. I have not considered who will be appointed. It has all happened very suddenly. It is certainlv an honor for Judge Ash baugh. but I can't see that he will be benefited much financially. George-W. Kanavel, chairman- ofr'the state board of railroad commissioners, said: "Mr. Ashbaugh notified us last night that he had been offered this position and would accept. . We have not con sidered the matter at all as a board. Perhaps we may ask Governor Hock what his intentions are, but nothing has beery settled." "Is the board likely to be favorable to the appointment of A. E. Helm?" 'The board has no candidate," re plied Air. Kanavel. "We have nothing aeainst Mr. Helm, as is clearly indi cated by the fact that we have employ ed him in several cases. Naturally, we are very much iterested In the selec tion of a good man for this place." The appointive power for the attor ney rests wholly with Gov. Hoch. The position pays $2,500 a year with the right to travel free over all the rail roads of Kansas. The attorney also appoints a stenographer at a salary of $1,200. Judge S. S. Ashbaugh was appointed attor-iey for the board last spring, after a hard fight with Uarr Taylor, tne lor- mer attorney, who was displaced. Tay lor was bitterly attacked by the rail road interests, and by some of the politicians friendly with the railroads. Governor Hoch finally selected S. S. Ashbaugh to succeed him. Mr. Ash baugh had served as attorney for the state in the Arkansas river suit, and had also appeared in a number of rate cases since nis appointment as attor ney for the board. Judge Ashbaugh has argued a numDer or important cases before the interstate commerce com mission. A. E. Helm Is naturally suggested as Mr Ashbaugh 9 successor because Mr. Helm Is closely in touch with Mr. Ash- baugh's work, and understands the situation in Kansas. He has pleaded a number of Important rate cases, and Is considered one of the best posted freight rate lawyers in the state not employed by the raiiroaa companies. TOPEKANS GET PLUM. Awarded Contract for Big Santa Fe Work at Wellington. Wellington, Kan.. July 2. The San ta Fe has let the contract to Bancroft and Doty of Topeka for extensive im provements and a practical rebuilding of their line throgh this city, at a cost of $440,000. The route frolh Cicero, six miles northeast, is to be changed so as to re duce a heavy grade and give' a more direct line, beginning a couple of west of the passenger station. A new line will be run north of the present one. crossing the Rock Island on an overhead trestle, and running across the Slate creek flats on a heavv fill. The grade on the hill west of the city will be reduced about 50 per cent arid all curves- eliminated. . LOEB DENIES IT. Transference of Sixteen Battleships to Pacific Not Thought Of. Oyster Bay, N. X., July 2. Published reports that 16 battleships of the Atlan tic fleet of the United States navy are to be transferred to the Pacific coart because of anti-American feeling In Japan, were denied today by Will iam Loeb, President Roosevelt's secre tary. Mr. Loeb said that the report is without foundation, to fact that such a movement has been never considered by the president and that its considera tion is not contemplated. . TUESDAY EVENING. BIG ONES TO PRISON. Other Participants in Fraudulent Deals Let Off With Fines. Fort Smith, Ark., July 2. Judge Rog ers today passed sentence upon the fol lowing officers of the defunct Southern Bank and Trust company convicted by a jury Saturday last of using the mails to defraud: C. C. Waller, president, of Texas, and F. Demer Lemon of Pittsburg, Pa. vice president, to pay a fine of $1,000 each and to be imprisoned in the peni tentiary for 34 months. Ed Hunt, cashier, and J. M. Laneston. Jr., director, to pay a fine of $500 and $300 respectively. . IN ONE BIG GRAVE Thirty-Five to Forty Men Buried in Cincinnati. Four Story Building Topples Over Into an Excavation. Cincinnati, O., July 2. With no more warning than a rumble of falling brick, creaking of timbers and the crash of tons of debris the four story building occupied by the office fixture firm of Levy & White, Ninth and Main streets, caved in this afternoon, burying under the mass of wreckage between 35 and 40 men engaged in the excavation on the corner for the Second National bank building. The men had just returned to work after the noon luncheon, when the building, which had been undermined by the excavation for the bank foundation, toppled over into the pit, burying In one vast grave the unfortunate men. The cries of some of the men could be heard and a force of rescuers began at once a desperate attempt to save those who were still alive. Employes of Levy & White were carried down with the wreck and it is feared that both members of the firm were also buried. Within half an hour seven laborers, all colored, had been taken from the ruins. None of the seven was believed to be seriously hurt. The hoisting engine used in the work of excavating was at once put into ser vice in removing the wreckage, ma terially assisting the rescuers. From the numerous garages in the neighbor hood came within a few minutes several automobiles which were used for carry ing the injured to the hospitals. The building was filled with merchandise such as desks, cabinets and office fix tures which added greatly to the enor mous weight that fell over on the men. As the mass fell the men saw it and a terrible cry went up, followed by si lence, for it was Impossible to fly, and all were stunned. The voices of the living, however, soon began to direct the rescuers and volun teers aided the polic-s and firemen. The building inspector at once began an investigation of the accident. ARRESTED FOR ASSAULT Earl Hill, 17 Years Old, Arrested for Maltreating 12-Year-Old Girl. Earl Hill, a 17-year-old boy who lives at 1935 Lane' street, was arrested this morning by Chief of Police Eaton on a charge of criminal asasult. . Mrs. Ed Mervin, who lives just across the street at 1934 Lane street, made the complaint against young Hill, who assaulted her 12-year-old daughter, Myrtle. The crime was committed early this morning, when the little girl was sent over to the Hill home on an errand. The boy called her into the house, locked the door and assaulted her, after which she ran home crying and told her mother. The Hill and Mervin families are well acquainted, and visited each other fre quently. The lather ana motner or tne Hill boy were away from home, and during their absence Mrs. Mervin had been helping the boy to keep house. It was on an errand of this sort the lit tle girl was sent when the boy assaulted her. The Hill boy drives a delivery wagon for Roose Brothers' grocery, and his father, who is now away on a vacation, is a clerk In the same store. Ed Mervin, father of the little girl, works ItK.the Santa Fe shops. . Mrs. Mervin told Chief Eaton that when the little girl told her of the crime, she was tempted to take her husband's gun and kill the criminal. It Is probably a good thing for young Hill that he was under arrest before Ed Mervin, father of the child, was told. A state warrant for Hill was secured by Mrs. Mervin about noon. COTTON CROP POOR. Condition Is Far Below the Average for Past Ten Years. Washington, July 2. The crop report ing board of the bureau of statistics of the department of agriculture finds from the reports of the correspondents and agents of the bureau that average' con dition of cotton on June 25 was 72.0 as compared with 70.5 on May 25, 1907, 83.3 on June 25. 1906, 77.0 at the correspond ing date in 1905 and a ten year average of 83.2. ASHORE IN A FOG. Boat Load of Excursionists Have Nar row Escape From Drowning. New London. Conn., July 2. The steamer City of Lawrence running be tween this city and Block Island, ran ashore in a fog on Eastern island, a small island off Eastern Point and at the mouth of the New London harbor, stove a big hole In her bow and rapidly filled with water. The boat was crowded with passengers bound for Block Island, but there was no panic and later the excursionists were taken to Eastern Point in the steamer's boats. Weather Indication. Chicago, July 2. Forecast for Kan sas: Fair tonight and Wednesday. TWO CENTS BACK AT COBURfi. Secretary Wilson Takes Fight by Proxy. Up M. A. Carleton, His Hired Man, WTrites a Letter. SAYS 1VILS02 IS 1UG11T Six Tears Ahead of Kansas in Wheat Investigations. Mr. Coburn Decides It Isn't Worth Fussing About. At last It has come. One of Secre tary James Wilson's aide de camps a man who claims Kansas as his home has undertaken the job of defending Secretary Wilson, and thrusting a dart under the hide of Secretary F. D. Co burn. I It was announced some days ago from Washington that Secretary Wilson had his entire department at work hunting for some place to attack Coburn. in punishment for Coburn's audacity In laughing at the half-baked information expounded by the United Statesdepart ment of agriculture concerning Kansas. M. A. Carleton. who bears the title of "Cerealist for the Grain Investigations of the Bureau of Plant Industry of the' United States Department of Agricul ture of Washington. D. C." is the man delegated by Wilson to start the anvil chorus. Mr. Wilson has cleverly select ed Mr. Carleton because Mr. Carleton is a former Kansas man. Not only has Mr. Carleton. on his of ficial letter head of the United States department of agriculture sent a nine page typewritten communication to the state Journal, but he sent a copy of tne sam to M, rnhl,rn Y,mait in. frn,ini, nim j,Ur words to that effect, which, it must be admitted, wis the fair and decent thing for him to do. Mr. Coburn sold this morning: "It seems to me that a great many words have been used in this communication, but I think it isn't necessary for me to pay any attention to it. I have no reply to make " Mr. Carleton's letter indicates that the United States department of agri culture is sore and Irritated over what Mr. Coburn has said, and that it Is In clined to be fu.5sy. Mr. Carleton Insist that Secretary Wilson knew, all the time, that Kansas was raising lots of Turkey wheat at the time the ixperi ments were made by Mr. Wilson at Ames, Iowa. Then Mr. Carleton pro ceeds to explain what Mr. Wilson meant In his celebrated letter. The following Is Mr. Carleton's open letter: x ..... Mr. Cnrloton'g Letter. Some time ago when the green bus was performing its damage on smail grain in southern Kansas, the secretary cf agriculture wrote a letter to F. D. Coburn; secretary of the Kansas state board of agriculture, giving some of his experience at the Iowa experiment ata tlon in trials of Turkey winter wheat in comparison with other- varieties, and called attention to the unusually good stooling qualities of the Turkey wheat, which enables it always to mature a very good crop In spite of a deficient stand, so that even though tne green bug might have damaged the wheat ma terially In. some localities, the fact that this particular winter wheat was grown would make possible a very much larger crop of wheat than would result if other ordinary varieties were In cultiva tion. Instead of giving any serious con sideration to this important fact, not at all generally known among wheat grow ers in the west, because of certain leged lack of knowledge shown In th ' letter of the secretary of agriculture. It was given to the press, and all kinds of adverse comment allowed to be made upon it, although the secretary did not, as falsely stated in eastern papers, ask that this letter should be published. Ab surd comments and misleading state ments have been so widely promulgated in connection with the letter that tho writer, without any knowledge on th part of the secretary of agriculture tnat he Is doing so, wishes to make the fol lowing comments: Absolutely erroneous inferences hav been drawn from this letter and widely promulgated. The writer is, and has been since 1876 a resident of Kansas and has spent fifteen years in field experi ments with grain, a large part of which time was snent In Kansas. If. there fore, there is one thing above another that he could claim to know it is the development of the wheat industry of that state, and he is fully prepared at any time to back up thoroughly the ac- ... companylng statements with regard to this particular matter of the history of Turkey wheat In Kansas. Introduced S3 Years Ago In Kansas. 1. Turkev wheat, or more proi'trly, Crimean wheat, waa originally Intro duced Into Kansas by the Mennocit; at least thirty-five years ago. For many years, however, this fact was really not known to the Kansas peo ple in general, ana it was oniy in iso lated localities, like the region about McPherson and Newton, that this wheat was grown to any considerable extent. 2. Even up to about 1887 Kansas had not become generally known 89 a hard winter wheat state, and as lata as the period between 1887 and 189'i, over a large part of the west and northwest. Turkey winter was then al most wholly unknown, though in this same region it Is now practically the only winter wheat grown. Tnis is a positive statement, for the writer lived in this particular region at that time. 3. Even today Kansas is not en tirely a hard winter wheat state, though it is of course true that much the larger part of the wheat is of that class. In almost all the eastern third of the state Turkey wheat is not now. and never can be, grown because of its nonadaptability to that region. On the other hand in the extreme western . portion of the state it will uniformly fail In seasons of extreme drouth, dur ing which period durum wheat must be sown. 4. The combined output of Turkev wheat in the stat2s.of Oklahoma. Colo rado, Nebraska and Iowa is now with out much doubt greater than that of Kansas, so that after all Kansas does not nroduce even the larger part of the hard winter wheat of the mlddla west. Says Kansas Was Slow. 5. Good things are occasionally Intro duced into certain localities by th (Continued on Face Eight.) ( - Y'