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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, March 22, 1913, LAST EDITION, Image 1

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LAST EDITION-
FOUR HELD OUT
They Voted for Conviction of
Key. Beers.
So Case Resulted in a Hung
Jury.
EIGHT WERE FOR ACQUITTAL
Judse Whitcomb Dismissed
Jury at 2:35 P. 31.
Events of Last Day in This
Famous Case.
Finally failing to reach an agree
ment on a verdict the jury in the case
of the Rev. W. L. Beers. Methodist
minister who was accused of killing
his Catholic wife by forcing her false
teeth down her throat, was discarged
at 2:30 o'clock this afternoon. The jury
teeth down her throat, was discharged
and Judge George H. Whitcomb de
cided it would be worthless to waste
more time in holding the Jurors.
The standing of the jury when it
was discharged was 8 to 4 for ac
quittal, the jurors said after their dis
charge. Before that time, ever since
the first ballot, the standing had been
7 to 5 for conviction. The instruc
tions sent to the jury room by Judge
Whitcomb this morning changed three
votes from conviction to acquittal, and
gave rise to the hope expressed by
Foreman C. W. Main at noon that the
jury might reach an agreement. The
f flort was futile, however, four jurors
hanging out for conviction in spite of
all efforts to win them over.
When it was announced this after
noon that the jury would be called in
the courtroom was crowded quickly
with spectators as. though by magic.
The aged minister himself came in and
took a seat inside the rail, almost as
haggard and weary-looking as he has
been since the jury was out. Part of
those who came knew that the jury
was hopelessly hung, and among them
was the minster who knew that the
exoneration hoped for had not been
granted by the jurors. The discharge
of the jury was by the mutual con
sent of all the attorneys in the case,
who had given up hope of securing a
verdict.
"I .never was so worn out in my life,"
Foreman Main told a group of newspa
per men just as he stepped out of the
jury box. "I've worked pretty hard
sometimes in my life, but I never was so
tired out with anything as I am now.
It has been work, work, work ever since
we went out to consider this case, and
as foreman of the jury I have done
my best to brine in a verdict. Finally
I told the boys that it was Just simply
impossible, and that the only thing we
could do would be to disagree. They
decided that was right."
It was 45 hours from the time the
jurv went out first, last Thursday af
ternoon at 5:30 o'clock, until it was
discharged this afternoon at 2:30
o'clock. And in that 4 5 hours twelve
men wrestled with the problem of the
rase, and tried with all their might to
reach an agreement.
Probably never before in the history
of Shawnee county has a jury done as
much work, and made as few com
plaints as the present jury. Until last
night there was no word that they
would not be able to agree. This
morning the court gave up hope and
called the jury down just after noon
with the view of discharging them.
"1 think another hour might mean that
we could agree." Foreman Main said, and
tin rtnrt nprmittpji them the time asked.
It was just an hour after they had
gone back to their room this afternoon
that the bell rang for the bailiff one ring
ring instead of the three that means a
(Continued on Page Five.)
A G. y. CALL
lVant the Elephant and the
Moose to Come.
Party
Harmony Meeting
Topeka June 3.
at
Call for a state wide harmony meet
ing of the Republican Regulars and
Progressives to be held in Topeka
June 3, was announced this afternoon
by Senator James A. Troutman. Hun
dreds of invitations to representatives
of both factions in the Republican
i ' , , ,.. ,t rr, . 1
man indicates that there will be a large
attendance from all parts of the state. I
The meeting is called for the pur- 1
pose of adjusting party differences and j
launching a movement for harmony in j
the Republican ranks In the 1914 cam-
. t m t ,,, . I
paign. Senator Troutman believes that
many of the leaders of both factions
ZZZZ: 7TL mlThe law provides that the state super-
and that it will be possible to settle !
the differences and heal the wounds
which were caused in the 1912 battle. !
"Who are some of the leaders who
will attend the meeting?" Senator
Troutman was asked.
"I am not in a position to give a list
of them just at this time," was the re-
ply. "However. I have the assurance i
that many of the men prominent in the f
political affairs of the state will come:
to Topeka for the meeting. I really
. ,.(,i ,i, ,r Jr: ,., .
for a get together movement and I am
strongly in favor of it. The call for the
meeting for June 3, will be sent out
this afternoon."
Leaders in both factions of the Re
publican party have repeatedlv ad
mitted that their hopes for 1914 were
not encouraging with three separate
and independent tickets in the field.
With a reunited party, though, it is
believed that the Republicans of the
state can again triumoh and defeat the
common enemy the Democrats. It is
for the purpose of settling the ill will
created last fall that the state wide
harmony conference has been called.
The meeting will probably be held in
the Grt.Jd opera house.
SATURDAY
OUR EASTER
flT'i -(wu
& XrA ,2f -tfri f vr4 m
. ..The Eajter rabbit, so dear to American children, with his accompaniment of colored candy eggs. Is on
or the many Institutions Americans have borrowed from the countries of the Old Vorld The Easter hare la
expected to bring eggs to all German children who are good and kind to their parents and truthful and kind
to one another The hare being unknown to America, and confectioners being generally weak on natural
history. the hare on coming to this country was changed to the more familiar rabbit. Rabbit or hare.
America or Germany, the children love him Just the same.
BATTLE TO DEATH
Turkish Commander Denies
That He Will Surrender.
Declares Adrianople Garrison
Is in Good Condition.
Adrianople, March 22. (By wire
less to Constantinople) Shukri Pa
sha, the commander of this fortress,
and his troops are determined to con
tinue the defense they have now car
ried on for five months, and all reports
as to offers made by them to surren
der may be dismissed as pure inven
tions. Only starvation can force the
capitulation of the beleagured garri
son. Food is still regularly distributed
among the population by the military
authorities and there are considerable
supplies.
Perfect order prevails within the
city. The Bulgarian besiegers are
making no progress and their occa
sional assaults have been futile. The
intermittent bombardment has done
no harm to the defending forts. Dis
cord is said to prevail among the al
lied armies. The Servians brought up
to assist the Bulgarians in the siege
remain idle in their lines and are not
participating in any of the active op
erations. The report from Sofia that
Shukri Pasha had ordered the Greek
and Armenian bishops to be hanged
because they had drawn attention to
the alleged miseries of the population
is groundless. It has aroused much
indignation here, the two prelates
themselves being most energetic in
protesting against the story. They ex
tol the courtesy of the commander,
praising his solicitude for the civil and
military population of the city.
BLOW AT MOVIES
Unless Quick Relief All Houses
Shut Down.
New Censor Law Lacks Ma
chinery Effective April 1.
Unless immediate relief is offered, the
400 moving picture houses In Kansas
must close their doors April 1. when
tive. At" a conference of picture film
"t"bu Jn hf ""T Ken?Ja 9
"t "T' JT -ZX t , ,
'fi'L v enfrce the law
and keep the show houses
! open.
e turns in
Kansas. New films are being sent to
the state at the rate of 200 a week.
'"tendent of public instruction must
ietlts?l &nA- approve P'tures shown,
but there is no provision for assistants
to help w'th he work: ?h JJ,spiay of
""censored films, sub jects the theater
can approve these pictures. And the
state superintendent has other duties to
"1 V, - V
J?e f'im distributors have appealed
Ti , ".P
It Is possible that relief may be
sought through an injunction against
he,s.tate superintendent pending final
, " , -"""'-""'"-"-y
the law. Film house managers admit
that they are willing to pay the $2
charged for each film inspected, but to
protect their 400 Kansas customers,
they may be driven to the courts to
defend their legal rights and permit
the theater owners to keep their doors
open.
Vetoes Divorce BiU.
Olympia, Ore.. March 22. Governor
Lister vetoed today a bill making three
years living apart a ground for di
vorce. The governor said that public
demand was for restriction of divorce
and not fr laws making it easier.
EVENING-
CUSTOMS COME FROM GERMANY
TROOPSJN MOVE
Mexican Rebels Plan an Actiye
Campaign.
Reports That Federal Troops
Are Coming Hasten Matters.
Naco, March 2 2. Combined state
troop forces at noon today began mov
ing in against Naco, Sonora.
Following his precedent last week,
General Ojeda at once left the Mexi
can border town and set out to meet
the enemy. His ranks are depleted by
desertions, and the Huerta commander
has no more than 350 men, while four
groups of the state troops aggregate
1,600 men.
Although the state troops suddenly
abandoned their avowed plan of first
attacking Cananea, Ojeda was not
caught napping.
At once his small army set out in
two columns, the rapid flrers to the
east and the mortars and cannons to
the west.
The state troops also advanced in
two groups. Colonels Braeamonte and
Calles, who were defeated previously
below Naco, moved in from the east
with four machine guns. From the
west General Obregon and Colonel Ca-
(Continued on Page Five.)
L
Illustrating the way
TOPKKA. KANSAS- MARCH. 22,1913-
BATTLEJNJJESERT
Reports of Annihilation of
French Troop Detachment.
Hostile Arab Band Swoops
Down Upon Soldiers.
Paris, March 22. Dispatches today
told of the virtual annihilation of a
small column of French troops by
Arabs in Aderar region of the west
ern Sahara.
A body of 1,000 of the intractable
Berbier trilio nf A
down and surrounded the Fr
tachment, which was marching f Topeka, who accompanied his en-thro,1E-h
thP shiftW - dorsement by a scathing letter con-
desert, about three days' journey from
Timbuktu, the . French military sta
tion. After a fight lasting all day, the
French troops were overcome. Their
commander, Lieut. Martin, and four
sergeants were killed, together with
53 native troopers.
A few troopers escaped on pack
horses and brought the news to head
quarters in Timbuktu. They declared
that the Arabs suffered tremendous
losses before the ammunition of the
French troopers was exhausted.
Weather Forecast for Kansas.
Rain or snow and warmer tonight and
Sunday.
o -n .jimuo ui Lilts
THE WOMAN WITH A LAST YEAR'S HAT
she lteU when she venture into
IN CITYJOLITICS
"Dark Horse Adyertisement
Printed Against R. L. Cofran.
German Paper Says He Is in
Favor of Liberals.
SOCIALIST TICKETS PRINTED
Entire List on Campaign Cards
Distributed Today.
Complete Returns May Be In
by Midnight Monday.
I 'acts of City Campaign.
Polls open for primary election Mon
day morning at 6 a. m., close at
7 p. m.
Regular election Tuesday April 7.
Voting places named in legal column
State Journal.
Vote for one candidate for each posi
tion on city commission and three for
school board.
Qualified voters 8,281 women and 11,157
men.
No smoking in polling places.
Election returns at State Journal office
Monday night, beginning at 8 p. m.
Returns should be complete by mid
night. Candidates.
MAYOR.
J. B. Billard. E. L. O'Neil.
R. L. Cofran. J. W. F. Hughes.
G. N. Crichton. Mrs. May Taylor.
COMM'R PARKS. PUBLIC BUILD
INGS. E. B. Stotts. W. R. Porter.
Wm. Bolinger. J. A. Ramsey.
Mrs. Ida Burkhart. Richard Wilson.
COMM'R FINANCE AlsD REVENUE
Roy L. Bone. Thomas R. Pope.
J. A. Bostic.
COMM'R STREETS, PUBLIC
WORKS.
W. G. Tandy.
George Adamson. M. F: Coate.
COMM'R WATERWORKS, ELEC
TRIC LIGHTS.
H. P. Miller.
F. M. Newland. Guy L. Bradford.
MEMBERS BOARD OF EDUCATION
L. M. Jones. Mrs. J. A. Bostic.
C. B. Van Horn. Mrs. A. D. Scott.
P. W. Griggs.
The sensation of the closing hours
of the city campaign today was the
advertisement of R. L, Cofran, candi
date for mayor, In a German newspa
per circulated in Topeka, which stated
that "A victory for Cofran would be
a victory for the liberal citizens." This
ad appeared in theNew Kansas Staate
Zeitung, a paper printed in Kansas
City, and circulated widely among the
Germans in this city. The advertise-
! ment was endorsed by Conrad Mayer
cerning the ministers of this city. On
the opposite page from the ad was
printed a flaming list of liquors.
The news of this ad which stated
that a victory for Cofran was a vic
tory for the liberals spread like wild
fire throughout city political circles to
day. It has been believed, on account
of his advertising matter in local news
papers, that Cofran stood for the rigid
enforcement of the prohibitory law.
The German statement came like a
bomb in the forces behind the "law
and order" candidates.
Mr. Cofran, however, denied this
afternoon that he had written the ad
vertisement. "I know . nothing about
the Kaster parade-
SATURDAY EVENING-
this statement in the German paper,"
he said. "It might be a reproduction
of a part of an ad that I ran 20 years
ago but this certainly would not ap
ply now. I did not authorize that ad
vertisement and wish the voters of To
peka to know it."
Socialist Ticket It Is.
The Socialists have a ticket in the
field. This was announced in the
State Journal last evening and denied
this morning by two of the candidates.
Nevertheless at the headquarters of
the Socialist city campaign forces to
day cards were distributed by the So
cialists bearing the names of the can
didates mentioned last evening in the
State Journal.
The card which has been distributed
by the Socialists reads:
(Continued on Page Five.)
M'COlBSREFUSES
Democratic Chairman Will Not
Accept French Post.
Declares He Feels Compelled to
Continue Law Practice.
Washington, March 22. William F.
Mcuomos, chairman of the national
Democratic committee, last night issued
the statement announcing that he had
declined to become ambassador to
J"Tance.
1 do not feel that I can afford to
leave my life work the practice of
law," said Mr. McCombs. "I feel com
pelled to devote myself to' my personal
affairs and at the same time I will
lend any assistance in my power that
will contribute to the success of the
Democratic administration and the
Democratic party."
President Wilson Is making an ef
fort to fill the more important diplo
matic posts before the extra session of
congress begins, so that he may other
wise devote his energies when the time
for legislation arrives.
The president is desirous of filling the
American emhassy at London as
quickly as possible and Is said to be
in hopes that Charles W. Eliot, for
mer president of Harvard, would ac
cept, though there were intimations
among some of Dr. Eliot's friends that
he might decline.
George W. Guthrie, former mayor of
Pittsburg, and a Democratic state
chairman in Pennsylvania, has been
chosen to be ambassador to Mexico,
but it is likely that an announcement
will be deferred until the state depart
ment formulates its policy with regard
to recognition of the Huerta govern
ment. It is certain, however, that the
resignation of Henry Lane Wilson, the
present ambassador to Mexico, which
has been submitted, will be accepted.
Fine to Germany.
That Profesosr Henry Burchard
Fine, of Princeton university, can be
ambassador to Germany if he chooses,
was learned from callers at the White
House today.
Professor J. W. Welks, of Cornell
university, was a White House caller.
He has been very much interested in
the selection of John R. Mott, of Mont
Clair, N. J., the Y. M. C. A. leader, to
be minister to China, and is said to
bo urging Mr. Mott on behalf of the
president to accept the post.
For the ambassadorships to. Italy.
Austria, Brazil, Russia, Turkey and
Japan no definite selections have been
made, though Justice James W. Ger
ard ,of New lork; Augustus Thomas,
Thomas Nelson Page, Seth Low and
William Church Osborne ar still be
ing prominently mentioned . in this
connection.
It is likely that John W. Garrett
will continue as minister to Argentina
and Maurlct, Prancis Egan as minister
to Denmark.
Joseph K. Willa.rd of Virginia; Thos.
R. Birch, of New Jersey, and Frede
rick C Penf.eld of New York, are also
regarded as certain to be ministers in
the foreign serviie.
REVENUE COLLECTOR.
Many Applicants Camp on Senator
Thompson's Trail.
Although W. H. L. Pepperill, chair
man of the Democratic state commit
tee, has been spending a week In
Washington, he has as yet failed to
land the appointment as internal rev
enue collector for Kansas to succeed
Freemont Leidy. There are a hair
dozen other applicants for the Job and
dispatches from Washington do not
indicate that United States Senator
William H. Thompson has displayed
any haste in recommending Pepperill.
In the recent campaign Pepperill and
Thompson disagreed regarding several
details in the management of the state
campaign. Following one of these
sessions, Thompson came to Topeka
and opened headquarters in the New
England building, just across the hall
from the offices of , the Democratic
state committee. Yet Pepperill has
been at the helm in every Democratic
fight in Kansas for the last 20 years.
He has more endorsements from prom
inent Democrats, probably, than his
entire opposition combined. It Is the
support of Senator Thompson, however,
that is now needed to land the Job
and Pepperill is camping on the trail
of the junior onitea states senator
from this state.
Other applicants for the appoint
ment as internal revenue collector are
Guy O. Taylor of Topeka, a former
schoolmate of Senator Thompson: F.
B. Stanley of Atchison, George O. Wat
son of Topeka. Barney J. Sheridan of
Paola. and H. M. Fulton of Hanover.
Pleasant Today But Cold.
The weather has been of a fairly
pleasant variety today, although the
temperatures have averaged eighteen
degrees below normal for this date. A
change is due in a very few hours, how.
ever, according to a statement of the
weather man this afternoon. There is
an area of low pressure over Nevada
and it is moving rapidly in an easterly
direction.
The shippers forecast reads: "Pro
tect thirty-six hour shipments east,
north and west against temperature of
twenty-five degrees, and east against
temperature of between twenty-five
and thirty degrees." Sunday afternoon
the temperatures- are expected to be
much higher than this afternoon. More
wind is also slated.
The "hourly readings:
o'clock.... .. . .17
11 o'clock
..30
..31
..34
..37
S o'clock 18
9 o'clock 22
12 o'clock
1 o'clock......
2 o'clock
10 o'clock 26
FIVE CEUTS
PREPARER OR WAR
Austrian Navy Will More
Against 3Iontenegro.
Squadron Now Maneuvering
Off Albanian Coast.
EXTREME SITUATION ARISES
It Is Belieyed Russia Would
Aid Montenegro.
Armed Collision Would Em
broil European Nations.
Mch 22. Austrla-Hun-
i '""inenegro, which
was in
" """' 01 an ultimatum.
eiger'oVear0,h 22-Th' German for
eign office learned from rellahia
against that "nope'SiToM
t may be expected soon. An Aus
the Mfdrn.is nOW maneuvering o
Tht officer1", 8d AIbanian coat!
T officials of the German foreim
office state that Austria will Wnd
exhaust ?htC t0 M"tenegro To as to
before thP ,hTllitie8 of Plniacy.
thi Z .character of the activity of
station In!8 "P Tom a demon!
stration into offensive action.
has conn? ier,St?d here that Russia
yfeld d the Montenegrins to
r Ambassadors Recalled.
thSa,"- ri'
call from thL7- 1 .y to ne Instant re-
?ernoro taTsc SSSS
t.erman Vessel Seized.
.Bremen, March 22 Greek .
Sard 8eoZfredtHthe, &n !
gard. off the island of Lemon 1,
Aegean Sea. She sailed from Bar??
Owners. telegram received by the
AnxJety in I Vance.
Paris. March 22. Antri..n
gary s action against Montenegro is
ooKea upon with considerable anxiety
demonstration off the Montenegrin
fhrLW1."' ln ,the Preent temper of
co?liMonntenegrinS: rCSU,t ln an armCd
Should such a clash occur, Russia,
it is believed, certainly would Inter
vene. Louis Brunet. the Montenegrin con-
sul general at Paris, commenting upon
Austria a note to Montenegro today.
18 lef r that A"stria seeks a
fresh quarrel with Montenegro, and it
recalls the incident at Brisrend. in
which the Austrian consul. Pochaska
was the principal. On this occasion
Austria selects the moment when the
fortress of Scutarla is about to fall
to act.
"The pretext she uses is trivial. The
Austrian government knows that to
allow the civil population of Scutari
to leave the citadel would be to para
lyze the Servian and Montenegrin
military operations, for the reason ,
that the greater part of the civilian
inhabitants have been armed and are
defending the city."
SENATORIAL TALK
What Will Brlstow Do,
Important Question.
the
Governor Matter Easy for G. O.
P., but Sen a tors hip Worries.
What will Bristow do? That's the
gossip now.
That is the question that progres
sives and regulars of the Republican
party are asking each other on these
days before the next political battle in
Kansas. On the answer might be said
to rest the result of peace or war,
faction or harmony.
The senatorial fight 1s going to be
the big fight next year in the prima
ries. Bristow is one of the leaders who
fought in the war between the fac
tions. And the scowling enmities of
that war have not yet slunk to the
background. Bristow's office Is
sought by many men. The flower of
the state Democracy will enter the
campaign. Former Senator Charles
Curtis may seek the G. O. P. nomina
tion. One thing is certain. If Bristow
seeks renomination at the hands of
the progressives, he can have It. And
he ought to have it. His record for
four years in the senate has been con
sistently progressive. Not a flaw or
a mark against it. William Allen
White can dip his pen in the sun
light and write an O. K. on the Bris
tow vote and speeches. Henry Allen
can speak his sweetest accents In
praise of the Bristow stand for the
progressive principles at all times and
in all seasons.
Bristow came home the other day
to "look things over," as he himself
expressed it. Having looked them
over and then deciding to run for
senator again on his record, he would
be the logical progressive candidate
for the senatorship. That means
three tickets in the field in Novem
ber for this office. The regulars
won't accept Bristow. He sent feli
citations to the Bull Moose banquet.
He fought Aldrich and Penrose and
Rmoot and Root.
Very well. Then appears Charles
Curtis on the scene. He has the
friendship and admiration and respect
of every regular. He was a regular .
through and through. If Bristow runs.
Curtis is almost sure to run also. That
means Bristow as the Progressive
nominee and Curtis as the regular nom- .
inee. That also would indicate an
other Democratic senator from the
Republican state of Kansas.
But if Bristow should decide not to
run then maybe Curtis would also keep
out of the race. And in that event
shining opportunity would be open
for a compromise candidate of force
(Continued ort Page Five.)
The Topeka State Bank
For Safety, Exeprience.Courteay. Adv.

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