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The Topeka state journal. [volume] (Topeka, Kan.) 1892-1980, July 27, 1907, LAST EDITION, Image 9

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1907-07-27/ed-1/seq-9/

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Judge Wood DeliYers Instruc
tions in Haywood Case.
He Presents a Choice of Fire
Different Verdicts.
Is Dwelt Upon at Great Length
by the Court.
What He Said Regarded as Fair
by Both Sides.
If Anything Charge Leans To
ward the Defense.
Boise, Idaho. July 27. Judge Fre
mont Wood today delivered his charge
to the jury into whose keeping was
given the fate of William D. Haywood,
secretary-treasurer of the Western
Federation of Miners. charged with
the murder of former Governor Frank
Steunenberg of Idaho. He gave to the
jury the choice of five verdicts as fol
lows: Murder in the first degree; murder
in the second degree, voluntary man
slaughter, involuntary manslaughter
and not guilty.
The charge contained sixty-six in
structions. Judge Wood dwelt at
length upon the laws of conspiracy and
the value of the evidence given by an
"The law views such evidence with
distrust." he declared, "and it should
be received by the jury with cauiion
and scrutinized with great care. And
if from the evidence it appears that
any favors have been extended by the
authorities to Orchard and there is any
promise relating to further favors on
account of his testimony they are
proper matters for the jury to take
into consideration.
Judge Wood's charge was lengthy
containing more than 12,000 words
and covering the case from almost
every view point. It was regarded by
both sides as eminently fair. If any
thing it was the consensus of opinion
that the court leaned to the defense.
In regard to the corroboration of Or
chard, Judge Wood said that the jury
Fhould test the value of such evidence
by eliminating his testimony with a
view to ascertaining if there is inde
pendent testimony to connect the de
fendant with the offense.
Corroborfttive Evidence.
"This corroborating evidence," the
court continued, "need not be sufficient
of itself to establish the guilt of the
defendant, but it must tend in some
degree to implicate and connect the
defendant with commission of the
crime charged."
Further along in his charge Judge
Wood said:
"If it is possible for you to reconcile
the facts In this case uson. any reason
able theory consistent with the inno
cence of the defendant. William D.
Haywood, it is your duty to do so, and
find the defendant not guilty.
"The Jury is instructed in regard to
the flight of Jack Simpkins. if you
find such flight to have taken place,
standing alone it would not of itself
be any evidence of the guilt of the de
fendant. But if you find that Simp
kins did after the arrest of Orchard
flee or become a fugitive from justice,
then that fact may be taken Into con
sideration together with all the other
facts of '.he case in determining wheth
er or not Simpkins was a member of
the conspiracy which the state has
sought to prove and of wihch con
spiracy it is claimed by the state the
defendant was a member."
The court room was but half filled
when the jury filed in shortly before
10 o'clock. Haywood came in smiling
and bowed a salutation to his wife,
his mother, his two daughters and
sisters, the entire family being present.
As Judge Wood took the bench the
twelve jurymen wno sat uirectiy m
front of him wheeled in their chairs,
who sat directly in
turned their backs upon the defendant
and his attorneys and listened atten
tively to the lengthy charge.
The Court's Instructions.
Judg-5 Wood's charge and instructions
delivered to the jury this morning were
lengthy, making altogether about 12 000
words. .
Before delivering his instructions
Judge Wood "oid:
"Jentlcmen of the Jury: The evi
dence in this case has been introduced,
end the orgument of counsel being
corrpleted it now devolves upon the
mutt to lrntrm-t vou in relation to the
law of th? case, but before doing so I
desire to Join wHh counsel for the state .
and the defendant in congratulating
you on the approaching termination of
your duties, and I also wish to extend
to you and each of you the thanks of
the court for the attentive manner m
which you have thus far performed j
your duty as Juror in this case.
"You have been selected to this re
Fron?ibl? position and for the per
formance of this important duty irom
e very large number of your fellow
citizens after a long, painstaking and
tnost thorough examination by able
Counsel. The cath which ycu took as
Jurors wlen sworn to try this cause
imposed upon you the most solemn
outy that devolves upon any citizen,
that of sitting in judgment upon your
fellow man.
"You have been called here at the
busiest season of the year, and perhaps
when many of you could not well af
ford to be absent from your respective
avocations, but the duties here Imposed
are necessary and essential under our
pjitem of government, and if any of
you consider the performance of this
auty a burden or a hardship, you should
ftel fully leeompensed therefor in the
fact that your selection to try this
cause from the very large number of
Jurors examined is a splendid testi
monial to your citizenship and should
be accepted as a guarantee that you
will give this case that conscientious
consideration which the law imposes on
you when you take it with you to your
Jury room for final action thereon."
After the customary instruction as to
the general duties of the jurors as to
the law and evidence. Judge Wood in
structed the jurors in accordance with
his ruling made some days ago, after
argument by counsel as to the admissi
bility of the evidence bearing on the
connection of Steve Adams with crimes
committed in northern Idaho. This ev
idence and also that Introduced by the
defense regarding deportations in Col
orado and the employment of Pinker-
ton detectives by the Mine Owners.
Judge Wood instructed the iurv not to
consider on the ground that no pro
per connection naa been made in either
Indictment Is Quoted,
Instructions as to the necessity for
the clear and conclusive proof beyond
any reasonable doubt of every material
fact were followed by the quoting of
the indictment on which Haywood, to
gether with Moyer and Pettlbone was
arrested. On this subject Judge Wood
"There are three counts in the in
dictment, but the substance of each of
them is the unlawful, wilful, deliberate
premeditated and felonious killing of
said Frank Steunenberg with malice
aforethought. The essential elements
of the offense charged in the indictment
consist of the following features
"1. There must have been a kill
ing; second, that killing must have
been unlawful; third, it must have
been wilful; fourth, it must have been
deliberated upon; fifth, it must have
been premeditated; sixth, it must
have been accompanied by malice in
the mind of the person or persons do
ing the killing; and unless these fea
tures, and each and everyone . of
them are proven to your satisfaction
beyond a reasonable doubt, then the
defendant can not in any event be
convicted of murder in the first de
gree." The language of the statute is given
as to murder in the first and second
degree and voluntary and involuntary
Continuing, Judge Wood said:
"The court instructs the jury that
under the law no jury should convict
a citizen or citizens of crime simply
because there is strong reason to be
lieve that he is guilty, but before the
jury can lawfully convict they must
be convinced of the aetenaant s guilt
bevond all reasonable doubt.
"If it is possible for you to recon
cile the facts in this case upon any
reasonable theory consistent with the
innocence of the Oefendant, wimam
D. Haywood, it is your duty to do so
and find the defendant not guilty.
"I further instruct you, gentlemen
of the Jury, that while proof has been
admitted of the commission of other
crimes by the defendant and his as
sistants, and tending to prove the
commission of such other crimes by
them, that it has only been admitted
for the purpose of showing the exis
tence of a conspiracy to accomplish
certain objects, and that" such crimes
and the crime resulting in the death
of ex-Governor Steunenberg as well,
were all incidents of such conspiracy;
but you must not forget that the de
fendant is being tried for the murder
of Frank Steunenberg and for that
crime alone. But you are privileged
to take such other matters into con
sideration as part of the evidence in
the case, and as incidents and cir
cumstances bearing upon the ques
tion of his guilt upon the charge of
the murder of Frank Steunenberg.
Nothing But Steunenberg.
"It makes no difference, however.
In this case what crimes have been
committed in Colorado, in the Coeur
D'Alenes, or elsewhere, or who is re
sponsible for the commission of such
crimes. If any there be. The defen
dant can not be convicted unless the
state has established beyond a reas
onable doubt that he is guilty of the
felonious killing of Frank Steunen
berg. "A conspiracy, within the meaning
of the criminal law, consists of a
combination between two or more
persons for the purpose of accom
plishing a criminal or unlawful ob
ject, or a lawful object in an unlawful
manner. As applied to this case and
under this Indictment, proof of con
spiracy is only proper insofar as it
may tend to show a common design
to encourage the particular murder
charged against the defendant, and
it can only be Introduced for the pur
pose of establishing the position of
the members of the combine as ac
cessories to the crime of murder.
It is not essential to the forma
tion of a conspiracy that there should
De a lormal agreement between the
parties to do the act charged. It is
sufficient if the minds of the parties
meet understanding, so as to bring
about an intelligent and deliberate
agreement to do such acts, and com
mit the crimes charged, although
such agreement be not manifested by'
any formal words. A conspiracy in
the first instance may be established
by evidence having no relation to the
defendant, by acts of different tier-
sons at different timM j , '
1 -t"-.!'!".!! ? :nA Places', or
Dy any other circumstances which
prove its existence, if the state should
prove beyond a reasonable doubt that
such a conspiracy existed at the time
act. and that th wr,,iQr,t t.i.i !
. u"enaanl " lrlat rate into effect in Kansas. Our com
H doe bve fucht conspiracy. An9 Relieves that it will be. able to
i aone by a party to an unlawful i K. t. v. .. ,ao.,
Sflta furtherance thereof and
? rrwing. fom tne common !
?,?f"jLe ct f and 811 !
i ZtlvZ, i .x. " wnere muraer seriously embarrass it in the litiga
LlC.jrmiUed af the ot ch a !f "now pending in Nebraska.
tor7ivpn T conspira-
.t u i rriL p . . I
Uhott. "J ",'
Mon of the unlawful arts resultmS in
the crime charged is guilty.
His Presence Not Necessary.
"If the prosecution has failed to
prove these facts hevonrt
able doubt, you should find the de-
'UU11 t guilty. If, however, you
believe in this case from the evidence !
u":'uuu a rasonaoie aoubt that the j submit that no nnai action snouia De
defendant, William D. Haywood, aid- j taken by the board in the premises
ed, abetted, advised and encouraged I until a final termination of the liti
the killing of Frank Steunenberg. ' gation in Nebraska. Very respect-
men tne defendant is guilty, and it !
would be immaterial whether he was I
actually present at the time of the
unlink or not.
"The Jury i3 instructed that the
witness, Harry Orchard, claims that he
was an accomplice in the commission
of the offense charged in the indict
ment. Under the statutes of this state
a person can not be convicted of a
crime upon the testimony of an ac
complice unless such accomplice is
corroborated by other .evidence --which
of itself, and without the aid of the
testimony of the accomplice, tends to.
connect the defendant with the 'com
mission of the offense charsed and the
corroboration is -not sufficient if it
merely shows the commission of the
offense or the circumstances thereof.
"By corroborative evidence is meant
additional evidence of a different char
acter to, the same point.
"The ' law views with distrust the
testimony of an accomplice on ac
count of the motive he mav have for
laying the responsibility of' his crime
upon another when by so doing he may
secure immunity for his :own partici
pation in the crime charged.. For this
reason the law exacts such corrobora
tion and although the jury may be
lieve that the testimonv of an accom
plice is true, still the Jury could not
convict the defendant upon such testl
mony unless they further find that the
(Continued on Page 14.)
Kansas Will HaTe to Worry
Along Without One. ;
Santa Fe and Union Pacific
Make Polite Refusals.
Railway Commissioners' "Emer
gency" Plea Did Not Work.
Question Is Whether They Will
Have Courage to Order One.
Very respectfully, but very flatly, the
Santa Fe and Union Pacific railways
havj refused to accede to the request
of the state board of railroad commis
sioners that a two cent a mile passen
ger rate be inaugurated in the state of
Kansas as an "emergency rate."
The state board of railroad commis
sioners has received letters from N. H.
Loomis, general attorney of the Union
Pacific, and G. T. Nicholson, third vice
president-of the Santa Fe, conveying
the above information.
The following is the letter from Mr.
"Chicago. Julv 24. 1907.
"Mr. E. C. Shiner. Secretary Board of
Kaiiroad Commissioners, State or
Kansas, Topeka, Kansas:
"Dear Sir: Judge Smith refers to me
your letter of July 13 in which, on be
half of the board of railroad commis
sioners, you ask the Santa Fe company
to establish 'an emergency maximum
two cent passenger rate in Kansas . . .
this emergency maximum rate, to be
come permanent upon the establish
ment of the two cent maximum rates
in the above named states by the
courts.' (The above named states be
ing Nebraska, Missouri and Arkansas.)
"This proposition has received our
careful consideration. We can not,
however, adopt it, because we are now
contesting in court the validity of the
two cent laws of various states through
which the Santa Fe passes On the
ground that the eduction is unjust and
confiscatory of our revenues. To vol
untarily establish such a rate in Kan
sas would invite the argument that we
could also afford to observe the vari
ous laws in question.
"The recent legislature of the state of
Kansas, after long and careful consid
eration of various bills to establish a
two cent rjassenerer fare, finally substi
tuted therefor a law requiring the rail
roads to sell 500 mile tickets at two
cents per mile. This law is now in ef
fect, and is giving good satisfaction to
the people of Kansas.
"The Kansas railroads continue to
make the usual excursion rates for state
and "county fairs, expositions, conven
tions, political gatherings, etc.. etc.. and
grant reduced rates to clergy and on
charity account, and in all other par
ticulars continue the concessions in
rassitneer iates heretofore customary.
This is not true as to the adjacent
states of Nebraska, Iowa, Missouri, Ar
kansas, etc., which have passed two
cent laws. In these latter states the
maximum rate of two cents is also the
minimum rate, and all excursion rates
and other reduced rates of the charac
ter mentioned are no longer made.
"The citizens of Kansas, therefore, at
the present time have the advantage
over their neighbors in this matter.
"I offer thesa reasons to the board of
railroad commissioners as satisfactory
grounds for refusal to further consider
a reduction of passenger rates at this
time. Yours truly, T
Mr. Loomis says in his communi
cation :
"Mr. E. C. Shiner, Secretary, Topeka,
- Kan. ,
"Dear Sir: Referring to your letter
of recent date in regard to putting in
effect of flat 2-cent pp.ssenger rate in
Kansas, pftnding a final decision in
Nebraska and Missouri as to the vali
dity of such rates.
"In view of the fact that all per
sons who travel to any extent in Kan
sas can get the benefit of a 2-cent
rate by purchasing a 500 mile ticket,
our management feels that, it ought
not be asked to prejudice its rights in
tVio litieation now pending -in other
! states as to the validity of 2-cent rate
bv putting a flat 2-eent
? low and"' confiscatory and that
the putting in of such rates upon the
terms suggested by the board would
-would also call your attention to
the fact that in the states where flat
2-cent rates are in eftect all excur
sion rates have been abolished. Ex
cursion rates are still granted in this
state, but this could no longer be
done if a flat 2-cent basis were made
"In view of the foregoing circum
stances and the fact that the matter
Viae nnlv rppentlv hpen eiven atten-
tion by tfie legislature, I respectfully
fullv N. H. LOOMIS.
It is expected that the other rail-
roads will return similar answers. No
one will be at all surprised that the
roads refuse to put in this rate. It
was what everybody expected. The
on!v Question now to be settled is
whether the board will have the cour
age to order the roads to put in the
2-cent a mile rate. It is the policy, of
the board to settle everything pos
sible without formal orders, and it
may conclude that it is better policy
not to start any fight wlth! the, rail
roads. Bigger Than the Dreadnaught. ".
Portsmouth, July 27.-The battle
ship Bellerophon, another of the
Dreadnaught class, was launched here
this afternoon by Princess Henry of
Battenberg. The new warship has a
tonnage of 18,600, which is seven hun
dred more than the Dreadnaught,'nd
she embodies a number of improve
ments gained as a result of the Dread
naught trials. The Temeraire, J the
third ship of this class, , will be
launched the latter part of August. :,
Plot to Assassinate Roedier. V
St. Petersburg, July 27. The police
today unearthed a plot to -assassinate
the minister of war, General Roediger.
Several members of the military organ
ization of the revolutionists - were arrested.
Head of the Southern Railway
Taken Into Custody,
Police Didn't Get to Leare the
Hotel With Him.
Deputy United States Marshal
Took Him Away.
Agent Sentenced to Chain Gang
Is Again in Custody.
Asheville, N. C, July 27. Develop
ments came thick and fast in the rail
road rate law controversy today. War
rants were Issued for President Finley of
the Southern railway and City Ticket
Agent O. C. Wilson, of the same road.
The warrant for President Finley was
placed in the hands of a policeman, who
went to the Battery Park hotel to serve
the papers upon the executive head of
the Southern. In the meantime arrange
ments had been made for habeas corpus
proceedings before Judge Pritchard to
secure Mr. Finley's release:
The policeman did not succeed In
reaching the police court with his pris
oner. Just as he was ready to leave the
hotel a deputy United States marshal
walked into the hotel and took charge
of Mr. Finley. i
The policeman stood aside and Mr.
Finley was taken to the federal court
room, where he will be given liberty by
Judge Pritchard.
The warrant against O. C Wilson, who
recently was sentenced to 30 days on
the chain gang for violating the new
rate law and who was released on
habeas corpus proceedings by Judge
Pritchard in the United States court,
was sworn out before Police Judge
Reynolds, who figured as a witness in
the habeas corpus hearing. Wilson was
selling tickets to Lake Toxaway when
taken into custody and many passengers.
It is said, were compelled to board the
train without tickets.
General Counsel Thorn and other offi
cials of the Southern left iast night for
Raleigh to consult with state officials
there in an endeavor to arrive at a set
tlement of the difference existing be
tween the railway company and the
state. The attorneys who remained here
were greatly disturbed by the new turn
of events.
Judge Pritchard released Mr. Finley
just before 1 ('clock.
It was stated here today that the
movements of Police Judge Reynolds
are belli? directed from Raleigh, but
Judge Merrlman, counsel for the state
in the pievious habe-as corpus pro
ceedings, when Division Passenger
Agent Wood was arrested, disclaimed
any knowledge of what- was going on
and has appealed to governor" Glenn"
for instructions. United States Mac-'
sbal Milliken has arrived from Greens
boro, which is believes to show that
the federal authorities were not taken
by surprise and the presence of sev
eral deputy marshals of known cour
age and determination is commented
In the police court Judge Reynolds
postponed the trial of Ticket Agent
Wilson until Monday. The railway
company, through counsel offered bond
for Wilson but Judge Reynolds said he
would take personal charge of the pris
oner. Later he remarked that Wilson
could "follow him around all the time
if he wanted to," and then walked off.
Wilson went in an opposite direction
and was still at liberty this afternoon.
It is assumed Judge Reynolds postpon
ed the case to give the state authorities
an opportunity to send additional coun
sel here.
Conference at Raleigh."
Raleigh, N. C, July 2? Southern rail
way authorities and attorneys repre
senting it and the Atlantic, coast line
arrived today from Asheville and
sought a conference r with , Governor
Glenn on - the railway rate : litigation.
Governor Glenn arranged the -conference
for 3 o'clock. Governor Glenn ask
ed his counsel, Merriam &. Merriam at
Asheville, to continue everything until
Monday if possible because of the con
sultation this afternoon. .
Destroy Japanese Dwellings and Drive
Inmates to Boats.
Seoul; July 27. Guards have been
blaced along the railways in the coun
try today and regular bodies of troops
are patrolling all parts- or Seoul.
Korean troops and rioters in Kyong
Sonn province, have attacked the police,
destroying seven Japanese dwellings,
injuring six persons and driving the
Japanese to their boats.
Two of Marquis Ito's new appointees,
the minister of the household and keep
er of the seals, both in cabinet, have
been ordered to reform the court and
warned that if this is' not accomplished
within three months their appointments
will be revoked. This.-means putting
quietus on the activity of the former
emperor who, as late as July 23, it is
said. Intrigued to send a commissioner
to Germany. , ,
Texas Governor Says He Will Spend
AH the Money He Can Obtain. '
Wills Point, Tex., July 27. In a
speech before- 10,00ft farmers - here
yesterday,- Goyernor Campbell .de
clared: - ' ". .
"If a. horsethief sets into 'another
state I can issue a requisition and
bring him back,, but to secilre the re
turn of a trust magnate -charged with
perjury it is necessary to emplov law
yers, and I will spend every dollar the
people will give me to spend to make
Henry Clay Pierce come back to Texas
and stand trial."
. The governor said Texas trust laws,
severe as they are, fi.r. not severe
enough. He will not- seek the repeal
of any of them.
Weather Indications.
Chicago, July 27. Forecast for
Kansas:- Showers and cooler tonight;
Sunday fair.
Express Companies Notified of
Tax Levied Against Them.
Official Order Issued by State
Tax Commission.
Amounts to $4,131 for All Such
Concerns in State.
It's Not Likely That Resistance
Will Be Made.
Official orders were issued today by
the state tax commission to the express
companies doing business in Kansas
concerning the . exact ' amount of tax
for which each company will be liable
under the new fxcise law.
The order, sets forth the gross re
ceipts and expenses of each company
for the year, , and announces the net
earnings, upon which a tax of 1 per
cent mujt be paid. The statement for
each company is as follows:
Wells-Fargo Express company:
Gross receipts $256,740.49
Expenses 140,756.95
Net earnings, $115,983.54; tax, $1,730.74.
Pacific Express company:
Gross receipts $226,882.51
Expenses .-. .... ...... ..113,441.25
Net earnings; $113,441.26; tax, $1,701.61.
Pacific Express company:
Gross receipts .$226,882.51
Expenses 113,441.25
Net earnings, $113,441.26; tax, $1,701.61.
United State Express company:
Gross receipts $61,078.38
Expenses 33,593.10
Net earnings, $27,485.28; tax, $412.27.
American Express company:
Gross receipts $20,225.01
Expenses 10,023.51
Net earnings $10,201.50; tax, $153.01.
Adam3 Express company:
Gross receipts $17,194.00
Expenses 8,875.00
Net earnings, $8,319; tax, $124.78.
The total amount of net earnings for
the five companies doing business in the
state is $275,430.58. On this amount the
state is authorized to collect a tax of 14
per cent, which means that the express
companies will have to pay $4,131 for the
privilege of doing business under the
protection of Kansas laws.
The findings of the state tax commis
sion on the amount of Income for each
company upon which tax must be paid
will be certified to the state auditor,
and the auditor will notify the express
companies to "come across."
It is not likely that the express com
panies will resist the payment of ahe
I Such as Negroes Are Burned Alive for
in the South.
New York, July 27. To the series
of unpunished crimes against young
girls which daily of late have exasper
ated the police and put parents in the
outlying districts in an uglv mood,
there -were added yesterday for investi
gation the case of Virginia Barish, 17
years old, and Annie Falkoweko, a tot
of five years. r
So notorious have become the cases
of assault, amounting in two recent
cases to murder, that Police Commis
sioner Bingham has been driven to ex
plain that his army of policemen is
insufficient to cope with this particular
species of degeneracy. He -has warn
ed fathers and mothers not to allow
their little ones to- wander aimlessly in
the streets.
The Barish girl had been driven in
sane by inhuman treatment, an inkling
of which was fiFst given to the public
today. She became separated from a
party of friends at .. North Beach
Wednesday, and that night was res
cued by - chance from the surf, in
which she Was abouts to drown herself.
She had been beaten black and blue
and robbed of her clothing. Driven
mad through suffering, she fought her
rescuer and only with difficulty .was
placed in restraint. When her condi
tion became apparent the girl was
taken to the Kings county hospital.
There in a lucid interval she told a
pitiful story of-assault, many of the
details of which were subsequently
substantiated. Attacked by a gang of
nine roughs, she was left in a state
that to her frenzied mind suggested
only suicide. It is a question whether
she can recover.
Little Annie Falkoweko in Staten
Island went to meet her father and
fell in with another man. She suffered
bestial attack and is under the care
of a physician: Joseph Nocwiak, a
steamship fireman. 34 years old, and
whom the child- accused, is under ar
rest. A third case today can not be said
to be wholly unpunished. When Den
nis O'Shea of Harlem heard the
screams of his infant daughter he did
not stop to notify the police, but
promptly beat Jacob Neuman. aged 52
years, into unconsciousness. When he
fame' to Neuman was seized with a fit
and was removed to Bellevue hospital
critically ill. ' ' ,
-The police records show that during
the past thirty days seventeen specific
complaints of assault upon girls and
women have been- reponeu m una uity
Commerce Commission Orders a Re
duction in Corn Rates.
Washington, July 27. In a decision
announced' yesterday "by Commissioner
Prouty, the 'interstate commerce com
mission held that the territory of Ok
lahoma has just cause of complaint
against ' the Chicago, Rock . Island &
Pacific railway ; and other interstate
carriers on account of their rates on
wheat and corn from Oklahoma to Gal
veston, Texas, for export. After a
hearing of the case "the commission has
decided that the rates are unreason
able and has ordered them to be re
duced. - ,' .
A Drop of 85 Degrees.
St. Louis, Mo., July 27. During the
past 12 hour3 the temperature has drop
ped 35 degrees, registering 60 this fore
noon and marking the coolest July 27th
ever recorded in St. Louis.
Seven-Hundredths of . an - Inch
Precipitation Since Morning.
Rain began falling In - Topeka
shortly after midnight last night and
has continued at Intervals ever since
the precipitation at 2 o'clock amount
ing to 1.07 inches. - For a. few hours
during the morning the . indications
were : that the clouds might lift and
that the sun would shine during the
arternoon. Shortly before noon sev
eral light showers overlapped each
other and the streets have been mud
dy and sloppy since.
The rainfall during the night
amounted to an even Inch the re
mainder of the precipitation having
occurred since that time. The fore
cast indicates a fair day Sunday with
a still lower temperature. At 7 o'clock
this morning the mercury stood at 65
and since that time It has gradually
advanced until 2 o'clock . when It
stood at 71, though it had not varied
a .degree for several hours. The wind
is blowing at the rate of 7 miles an
hour from the east. The following
aie tne temperatures ror the day
7 o'clock 65
11 o'clock 71
8 o'clock 66
9 o'clock 67
12 o clock 71
1 o'clock 71
2 o'clock 71
10 o'clock . . ....67
Cliicago Doctor Attempts to Hold Up
- Wealthy Merchant.
Chicago, July 27. A demand for . $1.-
uoo,uuv rrom a state street merchant, un
der dire threats, was the climax of the
eccentricities of Edmand R. Moras, a
Chicago physician and the author of
medical works.
The command was made on Leon
Mandel on Monday in a sixty word tele
graph message signed by Moras. The
police have been working for several
days or the case and finally decided that
Moras was harmless but needed watch
ing. The matter was kept secret until
yesterday in consequence of the efforts
of friends of Dr. Moras to get the phv
slcian out of town for a much needed
rest. -
Overwork and almost incessant pain
resulting from the loss of his arm sev
eral years ago are supposed to be re
sponsible for the queer actions of the
physician who has left his home and is
now in the care of a friend.
Dr. Moras admitted last night that he
had sent the message, but said he re
gretted it. The only thing that he could
bring up against the firm was that it
had once sued him for a small account
not over $100, and that his neighbors
were pointing scornful fingers at him.
Wisconsin University Professor Favors
Restricting the Birth Rate.
Madison,. Wis., July .,27,-Taking is
sue with President Roosevelt on the
desirability of raising, large families,
Prof. Edward Ross, head of the sociol
ogy ;departmen( ; of the Wisconsin
state university, : yesterday told his
class 'that urstTictioii in the birth
rate is a movement which is at the
bottom salutary and that evils In
its train appear to be minor or tran
sient or self-limiting or curable."
Prof. Ross is himself the father of
three children.
After declaring that restriction In
the birth rate was salutary, Prof.
Ross," anticipating widespread opposi
tion to such an assertion added:
"I take my stand with those who
hate famine, war, saber-toothed com
petition, class antagonism, degradation
qf the masses, wasting of children,
dwarfing of women and cheapening of
"Shall we live to see a mother of
more than three regarded as a public
benefactor and placed on the pay roll
of the state."
Admiral Dicltins ,'aSys Frisco Incident
Is Not Big .Enough. '; "
New- York. July 27. Rear Admiral
Francis W. Dickins, U. S. N. .retired,
who was a passenger on board the
steamship Arabic which came into port
today from Liverpool said that ther
was little likelihood' of trouble with
The admiral said that the United
States had virtually Introduced" Japan
to the Edfclety of nations some fifty years
ago and that ever since the two nations
had been firm friends. He declared that
the San Francisco incident was riot'big
enough to cause a war.
Admiral Dickins, whose home is- in
Washington, has spent six months
traveling on the European continent.
Tentatively Looks on Senatorshlp As
to Governor. Never.
W. R. Stubbs and J. N. Dolley were in
Topeka Friday afternoon, and talked
over political matters at the Primary
League headquarters. Mr. Stubbs said,
when asked concerning his boom for
"All my training and experience -in
political matters has been of a legisla
tive nature, and I prefer to continue on
that line. I would like to go to the sen
ate. I have no desire to be a candidate
for governor."
Mr. Stubbs stated that everything was
looking very ' favorable in a political
way, from Jiis point of view. He. says
that he enjoys making Chautauqua
speeches. He is billed for another one
at Circleviile on August 1. , ' .
Win Contract for Big Dry Dock. '
Washington, July 27. F. McLellan &
Co., incorporated, of Seattle, Wash., was
the lowest of five bidders today for the
construction of what will be the largest
government dry dock in the country to
be located at the Bremerton naval sta
tion, Puget Sound. Their bid was $1,192,
284. The dock will be 652 feet long, 115
Vide and 28 feet deep.
. Prince En Route to America.
- Bordeaux, July 27. Prince Wilhelm of
Sweden, second son of Crown Prince
Gustav, arrived today on board the
Swedish armored cruiser Fylgia on his
way to the United States. . He was re
ceived with especial honors.
Kansas Has Been Well Farored
With Jleayy Rains. -
There Is Consequent , Joy Over
a Bumper Corn Crop.
Orer Two Inches Hare Fallen
in Last 24 Honrs.
Because of Parched Conditions
No Flood Is Feared. :
All portions of Kansas, with but few
exceptions, have-, received gd rains
during the past 24 hours and the fore
cast as weli as the general Indication
are that the storm belt has not moved
and that rain will fall in nearly every
section of the state during the day or
tonight. The Santa Fe report." .show
ers over their cential division frm Em
poria to Newton and skips the poition
west to Syracuse. They have reports
indicating heavy rains in eastern Color
ado and me extreme western portion of
Kansas. . ,
There is a discreDancv between the
reports received " by the Santa Fe and
the weather bureau in this city which
locates good rains at Dodge City auu
Garden City as well as at several in
tervening points. The Rock island ie
ports general rains over the lines in
the state and generally cloudy cpndi-
tions prevailing throughout Kansas
with every indication of rain within tne
next 24 hours. " -
The locality in the .-vicinity of To
peka was visited last ntgnt by a
heaw electrical and thunder storm
during which an even inch of rain fell.
The storm was threatened -81: day
though the forecast sent out indicated
fair and warmer weather. There was
a light shower about midnight but the
storm proper did not Drean uniu a
o'clock and continued at - -Intervals
until 7 o'clock this morning: ' '. -
FYr an hour the heavens were a
continuous srlare with lightning while
the thunder was deafening. There. was.
a light wina at times uui u
known no damage was aone e'.tner oy
the wind or lightning. The mercury
has fallen over zo degrees auring tne
past 24 hours and the conditions today
Indicate further rainfall.- The day Is
dark and the heavens are hung with
heavy black clouds while the mercury
is hanging about the 70 mark. The
change In the tempearture has been a
most welcome one, following as it does
two davs when the maximum was 100,
with night temperature but a few de
grees lower. - - '
Although tne storm nas oeen generui
over the state the instruments at the
won ther. bureau in -rthin city failed ' to
note the approaching storm, which is
an unusual thing as from 85 to 90 rer
cent of the forecasts are accurate. The
excessive heat of the preceding days is.
blamed for the conditions which pro
duced the rains .ani'lower temperature
in the face of a forecast of '"fair and
warm. -
The Kaw Valley in both directions
from Topeka has received a thorough
soaking, amounting to from one to two
inches and the small creeks feeding the
Kaw are contributing a large amount
of water to that stream. It is more
than likely that the river at this point
will show a rise of several inches,
though no danger is anticipated as
much of the water that has fallen dur
ing the past 24 hours has soaked into
the dry and heat baked soil.
McPherson, July 27. A little more
than half an inch of rain fell during
the night, and though conditions were
not the worst, the moisture was badly
needed and will prove , a great boon to
growing crops. , .
Dodge City, July- 27. Sixty-two
hundredths of an inch of rain fell here
last night and the indications are that
the storm is, not oyer, as banks or
heavy black clouds hang to the west
ward and rain is expected.
Garden City, July 27. This section
of the state was visited by a nice rain .
yesterday, which w ill be-of great bene
fit to the crops and will do away with
the necessity of irrigation for a few
days at least. -'
Russell. July 27.- The rainfall of
the past 24. hours amounted to but
28-100 of an inch, but will freshen the
vegetation, which has suffered from
the high temperatures of the . past
we-k. -
Wichita, July 27. A much-needea
change in the temperature of the past
two' or three days was brought about
by several showers last night, during
which 30-100 of an inch of rain fell.
Jakin, July 27. A fierce electrical
storm visited this part of the state last
night, ' accompanied by one of the
heaviest, rains of the season, during
which the precipitation amounted to
more than threp inches. Some dam
age was done to the great eastern- Irri
gating ditch and the Santa Fe tracks
west of the city were under water for
several hours, delaying trains.
Concordia, July 27. Though there
has been everv indication of rain for
the past 24 hours, this particular sec
tion has been slighted, though greatly
in ne?d of moisture.
Baker, July 27. Slight showerf
have occurred in this part of the state
during the past 24 hours, the total
precipitation amounting to .10 of an
Canton, July 2 7. This spot in Cen
tral Kansas was visited with a timely
rain last night, as It has been every
time that one was needed all season
and the indications are that a bumper
crop can now be relied upon. '.
Manhattan, July 27. Nice showers
have fallen during the past 24 hours
and the total precipiation, according
to the vyeather bureau, was 42-100 of
an inch. . t ' " - '
) Perry,-! July 27. Nearly, two Inches
of rain has fallen during the past 24
hours, and the precipitation will be of
an immense value to tho corn crop,
MaxviHe, July 27. The rain gauge
at the government weather bureau
credits this tjart of the state with
-100 of an Inch at rain last night and
besides breaking the .dry spell, it ma
terially reduced the temperature,
vvhich has been excessive this .week.
Junction City. July 27-, An inch
and' lone-half of rain fell- he last
night and this morning, and "the result
will be a great - benefit to the corn
- Sedan, July 27. Rain seems to have
fallen all about this place, but so far
i ' 1 1
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