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If Tim-s’ Advertisers are not trustworthy tell The Times. TENTH YEAR, NO. 115. PROSECUTION IS DEPENDING MUCH ON LEACH If His Story Stands Up Against the Battering Lodge Will Give It, Things Will Look Dark For Dr. Fritch. Jury Off For Grosse lie To Visit Spot Where Body Was Found —De- fendant Won't Testify. That Dr. George A. Fritch bought over 100 sacks of cement Os the kind in which the dismembered remalnH of Mabel Mlllinnn were loiind and re turned only 66 ‘‘empties'’ so far as known, and that these sacks \ure in his possession at the time the Mill man girl’s body was dissected, were two important points brought out in the testimony In the Fritch man slaughter trial, Friday morning. It was shown, further, that on Sept. 1, after the girl’s disappearance and before the finding of her body, Dr. Fritch called up C. H. Little A Cos., and asked them to send for some empty sacks. The sacks were called tor the following day and the prosecu tion will claim that this was the bunch of 66 empties for which Dr. Fritch received a check amounting to $6.60 Sept. 29. In till* c<%nection the fact that the bricks placed in the sacks to weight them down are identical with bricks] found on Dr. Fritch’s premises and j used in the construction of his garage for which purposes the cement was also used, becomes important. Thus Prosecutor Van Zlle in forg ing link by link, a chain of circum-; Htantlal evidence that will tend to j establish more than a suspicion or guilt if the star witness, Chauffeur j Joseph Leach, stands tip. If he holds ; to the story he told the police and the defense is unable to batter it dow-n. things will look dark for the doctor. With the exception of Leach’s story and the testimony of Mrs Messenger, on whom the prosecution relics to place Mabel Mlllman In Dr. h ritch s | office on the afternoon she Is suppos ed to have mot her death, the peo ple's case Is now fairly complete. These witnesses will probably he reached early next week aud their testimony will come as a sort of grand climax. Only two new points have been brought out thus far. They relate to the finding of an instrument in Mabel Millman's room and the exlstonce of n ditch emptying into the Ecorse < reek. Neither has become import ant factors in the case as yet, and Is not likely to become so. Attorney stated. Friday, that the defense has about 3;> witnesses, exclusive of character witnesses, hut it is not likely that all of them will be called. . . ~,, “Will Dr. Fritch take the stand-? was asked. . . , "That will be decided later. I <lon t think It will be necessary, but 1 am not afraid to put him on It was learned, Friday, that t ora James, also known as Mrs Neills, one of the witnesses for the people. Is seriouslv ill with enteritis and may not »>e able to testify. It was she who. according to Martha Henning gave Mabel Mlllman the address of Dr. ' "court an,l Jury left at 12:45 o'clock, via the Michigan Central, for Gross® lie, to view the spot where the thiid sack, containing the pelvis and por tions of the legs of the victim, was found. The trial will be resumed Monday. That the prosecution is taking 1,0 chances In the Fritch case is evident In the precautions being ,nk ‘‘ n ' guard witnesses against al possibil ity of Interference. In addition to Detectives Parker and Allen, the of- Peers regularly assigned to the case, and the regular court detail of blue roats. Detectives High and Larkins, »re on duty in the corridor and they i on the alert constantly, watching uverv move made by Dr. fr rltch. “Thev seem to think I’m trying to, ret to some of their witnesses," said j the doctor. Friday morning. They needn’t worry I wouldn t talk with them if I could.” Another big crowd was on hand, Friday morning, eager to gain admit tance to Judge Phelan s court room but the seats were filled early and many of the curious were turned Marshal George Perry, of Ford City was recalled when court opened and was questioned further about the newer emptying Into Ecorse creek, which was first brought into the case Thursday. . t The defense, it is learned, was first inclined to attach some Importance to It because of a report, early In tho case, that bricks such as those found in the sacks were used in the recon struction of the mouth of the sower. Kxatninatlon of the sewer failed reveal any bricks. Perry said that the sewer was ooti reeted with but a single residence, r.nd that the quantity of water pass lug through It was very amall. If the* defense had any Idea of showing that the sacks might have conte through the sewer It was not successful. The Jury was taken to Ecorse creek in a spe lal car after court adjourned Thursday afternoon, and the points at which two of the hacks containing Mabel Millman’s remains were pointed out to them. Dr Fritch danced about „n the ire covering the creek and ap peared to be very cheerful. He ..mused himself on the way down by “kidding” Detectives Parker and Al por the first time, Thursday after r ,oon, it was brought out that a sewer «mptles into the creek a short «.ls tance south of the bridge. Attorney lodge took advantage o f the trip to Ecorse to take measurements of this sewer, which is about 18 Inches in diameter. Several witnesses were sworn dur- Wb& lp.eir.oit {times ROOSEVELT S SON WILL MABRY NEW YORK GIRL W 4. v II mm .■ »| Hi II IIIKODOIti: ROOSKVELT, JR \K\V YORK, Fell. ll.—Anaounrr ■tit-M la. made of (be eiiKHKeuieut of tllm Klmuur Muller Alexander lo The odore Hooaetelt, J’r., oldest mod of ex- I'realdenf Roosevelt. Miss Alexander's lallier la Henry Addison Alexander, a \rn York lawyer, and at oue time the fonnarlinr of the Atuerleau emhnaay In I'arla. toung Itooaevelt liaa milled Ilia father, %4 ho la In Africa, of the engnge nieut. The aon la Ml 111 In the employ of the Hartford I'nrpet Cos, iug the afternoon to testify to the find ing of tlic* sacks. Marshall John Winnie, of Trenton, identified the third sack and told wha; he knew of its finding and the disposi tion made of it. "W< re there any bricks in that sack?” asked thep rosecutor. “No, Just the remains,’’ answered Winnie. “All right, good bye,” rejoined the prosecutor. Jasper Wynn Stanley, bookkeeper for the C. H. Little Cos., was recalled to supplement hts testimony of Thurs day relative to the sale of cement to Dr. Fritch. He produced a check, hearing date Sept. 29. 1909, showing the payment of $ll.OO to Dr. Fritch for GO empty cement sacks returned by the doctor. Winnie testified that 365,- 779 sacks of cement of this same kind were sold by the firm last year. Walter Springer, order clerk for the C. H. Little Cos., was the next witness. He testified to the purchase of Uni'*, sand and cement by Dr. Fritch. at dlf fc rent times, beginning in October, 1908. He bought over a hundred sacica of cement after January, 1909, Spring er testified, hut he was unable to say how many were returned. Springer said Dr. Fritch had tele phoned him Sept. 1, asking him to send some empty sacks and the sacks were called for the following day. These were presumably, the sacks paid for Sept. 29. The doctor had tele phoned previous to that time, but wit ness was unable to say how long be fore. Charles W. Neuendorf, a Wyandotte undertaker, was called simply for the purpose of tracing the first sack after it was taken out of the creek. At thlH point an adjournment was taken until Monday morning, as no further witnesses were available. Sat urday is a legal holiday (Lincoln's birthday) and the afternoon will bo consumed by the Orosse Ise trip. The Jurors have arranged to atend a thc*- atei Saturday afternoon. WANT TAXES REDUCED. Representatives of Wi*e Companies Appear Before Commission. LANSING. Mich., # Feb. 11.— (Spe cial) —Alfred E. Holcomb, represent ing the American Telephone & Tele graph company appeared before the tax commission In an attempt to have the assessed valuation of that com pany reduced about $50,000. The com pany was assessed at SIOO,OOO and will have to pay a tax of SB,OOO. Last year the company turned Into She state coffers the sum of $3.83 In state taxes. An attempt was made by N. C. Kingsbury of the Bell Telephone Cos., to secure a cut in the assessed valu ation of about four million. The Bell was assessed at $13,000,000 and its representatives feel thai this amount is too high. For several years that company has -paid a tax of $3.83. PROFANE MAN FINED. Charles Fleury Used Improper Lan guage Before Young Women. Convicted of disorderly conduct, for using profane language to two young women, a week ago. Charles Fleury, 26 years old, of No. 1152 Jefferson ave.’, was fined $25. with the alterna tive of ser\ing 30 days, by Justice Jeffries, Friday morning. Detectives Donovan and Crowe ar rested Fleury, after looking for him for a wetk. He was identified by the two young women, who appeared against him In police court. PAYS GLAZIER SHORTAGE. LANSING, Mich., Feb. 11. — (Spe clal) —The Federal Union Surety & Trust company, which was on the bond of ex-state treasurer Frank P. Glazier, has paid to the state treas urer SIO,OOO of its $57,000 account. 30 APPLICANTS REJECTED. LANSING. Mich., Feb. 11.— (Spe clal)—Dr. F. W. Shumway, secretary of state board of health, atated this morning that the hoard Os registration of nura&J has examined 130 applicants for enrollment and about 30 have been rejected owing to the fact that the schools from which they graduated are not on the recognized Hat. Jot* Printing done right. Ttmf* Prlntlna Cos.. 15 John li-lt. Call Main 1498. or City 1395. FAIRBANKS SAYS HEISNOTOFEENDED Appreciates Pope’s Position in De nying Him Audience—Roosevelt Expected To Visit Vatican. HOME, Feb. 11.—“ My feelings bavo not been hurt in the slightest by the Vatican's cancellation of my appoint ment to call upon the pope,” suid Charles W. Fairbanks, former vice president of the United States today, ash“ busied himself with prepara tions for his departure tomorrow for Berlin. “I look upon the incident as trifling,” Mr. Fairbanks continued, “and would really have dismissed it altogether were it not for tho fact that the press has taken up the matter aud thereby aroused a general discus sion. I think I appreciate the posi tion in which the pope was placed and I am not at all disposed to feel re sentment over my failure to have an audience with him. “Were the whole tiling to do over, I think I would act Just us I have. 1 certainly would not have paid the great Methodist church and its repre sentatives In Home the gratuitous in sult of refusing to address the local church, after making an appflntment to do so, merely to preserve what might be called my eligibility to call at the Vatican. “I am sorry that the incident has resulted in stirring up feeling between protestants and catholics. The Vati can has certain rules that it deems to be proper regarding the pope's re ception to public meu and 1 think we should assume that It knows what rules are best In the government of his actions.” The statement of Mgr. Blsleti, Papal Major Dorno, that ex-presldent Roosevelt haH notified the Vatican of his desire to call upon the pope, has awakened fresh interest In Mr. Roose velt’s coming. He has been Invited to address the Methodist church In Rome, but in view of the “Fairbanks incident” it is assumed he will pay his respects to the pope before ap pearing before the Methodists. Mr. Roosevelt however will have to give the pope precedence over King Victor Emmanuel, who will also re ceive him in audience and entertain him at the palace. The Vatican s rules forbid an audience by the pope to anyone who first honors the king. Emmanuel has no such objection to receiving those who pay their first re spects to the pope. YOUNG WOMAN IS FATALLY BURNED Mrs. Frances Stewart Suffers Terrible Injuries When Gasoline Stove Explodes. Mrs. Frances Stewart, about 28 years old, was fatally burned when the gasoline stove in the kitchen ot her home, No. 168 Sbeihlan-ave., ex ploded while she was alone In the house, at 9:30 o'clock Friday morning. Mrs. Stewart, crazed by and fear, rushed from the house with her whole body a pillar of flames. Neigh bors went to her assistance and rolled her In the snow, succeeding In ex tinguishing the flames, but not uni.il she had been terribly burned. She was carried into a drug store on the corner, where the druggist did all that he could to relieve her suf fering*. but he expressea the opinion that she cannot recocver. Detroit ambulance wa* called, and Mrs. Stewart was taken to St. Mary ’s hospital. AIMS BLOW AT TRUST Manitoba Provincial Government To Have Abattoir. WINNIPEG, Feb. 11. —'The Manito ba provisional government struck a hard blow at the beef trust today when it announced that a municipal cuttle market and abattoir would soon be established In Winnipeg to compete directly with the trust. This announcement Is In response to the demands or farmers who charge that the beef trust Is killing the live stock Industry of western Canada by keeping down the price to farmers of cattle on the hoof and keeping up the price of meat to consumers. The formers allege that an Investi gation has revealed the fact that much of the livestock of western Canada Is shipped by the packers to Chicago and io (here sold at a profit even after the packers have paid the Increased freight charges and 27 1-2 per cent duty. OPPOSES FRANCHISE GRANT. SAGINAW, Mich., Feb. 11.—(Spe clai.) —The Saginaw Federation of La bor at a monster meeting Thursday night went on record opposing the granting of a traction franchise for 30 years, holding that the vr eßf>nt fran chlses expire In 20 years, and any rights for longer than that time would be used as a club when the present grants expire. INJURED BY FALL. MOUNT CLEMENS. Mich., Feb. It. | Special> —While returning homo from a prayer meeting Wedivsday evening. Mrs. Newton, wife of Thomas W Newton, vice-president of the Citi zens’ Savings bank and a local capi talist. slipped and fell on the Icy walk near the Rapid railway freight house, dislocating her hip and other wise severely Injuring herself. *F.W RKMX AYT* AHHIVF. DAILY. Made Into Suits or Overcoat* strictly ito vnur measure, S».7R. Worth 118.75 to |25 ao ts cut front the full piece. SI YDF.W’A. M >lonrof.«tf. Tainting, paper hanging graining and glaxlng Home phone C. 4244-L. Frnaca Hatfinror* fiwtrk. De troit Radiator Cos., 1090 JafL K. K. S72<k FRIDAY, FEBRUARY 11, 1910. PAYS WO LEARN REALTY BUSINESS Mrs. Margaret Fapinaw Found In vestment Unprofitable and Sues For Return of Money. How Mrs. Margaret Papinaw paid S2OO to C. W. Kimberling, a well kuown auctioneer and A. J. Chapman, a real estate agent, to learn the real estate business, and got only $5 Hi cash for considerable experience in re turn. was told in Justice Ott’s court, Friday morning, when she brought suit for the return of the money. Mrs. Papinaw said sell was intro duced to tile men by a women who formerly worked for Kimberling. The men painted to her in glowing terms the money to be made in the real estate business, she said, and induced her to pay them S2OO, money she had to borrow, in order to learn the se cret* of the business. The receipt provides that Mrs. Papinaw was to re ceive 50 per cent on all deals put through, but during the three weeks she was in the office she received only $3 on one deal and $2 on another. She said that neither of the men ex plained the business to her, and that about all she did was to answer the ’phone. After she had decided to get out of the business Mrs. Papinaw said, she usked for the return of her money, when one of the men replied: “Oh, keep on, you are doing fine. You will eonie out all right.” “And I came out without enough money to pay my board,” the woman added. The defendants testified that they explained to Mrs. Papinaw the uncer tainties of the real estate business, and that she knew what she was do ing when she went into tho business T he men denied being in partnership, but said they had offices together. “You were in partnership on this deal, were you uot,” asked Attorney Greece, for the plaintiff. “Well, we divided the money we got from her.” “You are willing to go in on any deal in which you can make a little easy money?” “Well, yes, we are out for the mon ey.” was the answer. “And what did you do to earn this money? Did you teach her anything?’ “Our books were there. The woman could learn fur herself; there isn’t much to learn.” TWO BURN TO DEATH IN FIRE Aged Woman and Nurse Meet Tragic Fate in Ohio—Man May Die From Injuries. CHARDON, Ohio, Feb. 11. —Fire which destroyed the farm house of Hubert H. Hayes, two miles from Burton village early today cost tho lives of his invalid wife and her nurse.* lluyes may die. The dead are Mrs. Nancy Haves. 6H, and Mrs. James Covert, 50, of May field, Cuyahoga county. A dog owned by Hayes gave the alarm. The first to arrive found Hayes lying in the snow in front of the house, unconscious, with his night clothing burned off. After the flames had died down, men entering the ruins found the body of Mrs. Hayes on the bed. with the body of the nurse lying partly across her. The position of the bodies indicated that the nurse might have escaped herself, but had tried to save her aged patient and thus lost her own life. Hayes. 70. was unable to tell how the fire occurred. “Money Against Brains Cos.” Organizes, Money Against Brains Cos,, is the name of anew concern which filed articles of incorporation Friday. The company is formed to act as agents In bringing together parties who de sire to develop propositions of a varied character, including inventions, patents, novelties, partnei ships, water rights, mull order business, etc. The stockholders are William T. Lewis and Clayton H. and Ira Grlnnell, of Grin nell Bros. TELLS WHY POPE WOULD NOT RECEIVE FAIRBANKS Hl.lt FALCOMO. Apostolic ilrlrgnlr to the I ailed Stntea, who anya I'lipr I'lu* mennt oo nfTriiae to thr American nation hy refne lug to receive Former Vlce-t'realdenl I'atrhnnk* In andleuce. Hr aaya the Mrlliodlafa of Homr uar dishonorable method* In proarlytlim among the t'nthnllea, giving children of fatho lte« ahoea and clothing and that they hoc other unfair niethoda to wenn them away from the Catholic church. He aalri anrh tnethoda are eonaldered unfair hy the Cathollea, and they ahnuld he frented la the aame light hy the Troleslggl*. ZIMMERMAN DUCHESS AND THE DUKE SPEND DAY HERE '4* -/ % ft v* - ' s * -v : ' B»W . i iftairifl! 'lll* duke of IlNurhridrr, acronipimlrd hr (hr <lu<-he«», formerly Mlm Hrlrnu /.Ininiermnn. nrrlvrd In Drtroll, Friday murnliiK, on a tour around (hr world. Thr plrturr mlioiym (hr dnk r and dui-ht-a*. Ihrlr children, l.udy M«r> and Lord Mundevllle, and th* father of the durhea*, Kugfuc /.lm uirnnau, (hr railway innicnate. STOCK MARKET SHOWS STRENGTH Reading Is Prominent in the Upward Movement, Advancing 1 3-8 Points. NEW YORK. Feb. 11.—The stock market opened featureless with little doing in any of the leading stocks. Later the active railroad issues were in demand and at the end of the first half hour the market was strong with the leading issues, both railroad and industrials up one point. 11 a. m.—lncreased strength was de veloped in the market after the first, few minutes with further advances ranging from fractions to one point. Reading was most prominent, advauc iug 13-8 to 162. Government’s unchanged; other bonds strong. aßlblr.lyMichsW 123456 7890$ « Open. Noon. Amalgamated Cop. C 0... 7 4',4 74% Amer. Car A. Foundry... 59% 60 Arner. Cotton OH 59 % 59 % , Amer. lee Securities .... 22 22 Amer. Locomotive 4:* 49 Amer. Smelting A- Kefln. SO % 81% , Amer. Sugar Refining .. 121 121 j Amer. Tel. & Telegraph. 137 137 Amer. Woolens Cos 34 34 Vi 1 Anaconda Copper Cos. ... 49 49% Atc.h., Top. A Santu Fe.. 114% 114% 1 Baltimore A Ohio 110% 110% 1 Brooklyn Rapid Tran... 71 71 % Centra! Leather 39 39% Chesapeake a Ohio 81 % *2% Chicago At Ot. Western.. 3o 3*l Chicago, Mil. & St. Paul. 143% 143% Chicago & Northwest'n.. 154% 154% Colorado Fuel At 1r0n... 36% 36*% Consolidated das 143 143% Delaware Ac Hudson.... 172% 172% Denver Ac Rio Grande... 38% 39 l * Ills. Sec. Cor 30% 30% Erie 28% 28% Do. first pref 44% 45 Great Northern, pref. .. 136% 136 Do, Ore Ctfs 69 69 Illinois Central 141 141 Interboro.-Metropolitan . 20% 20% Do, preferred 50 50% Louisville At Nashville.. 147% 14*% Missouri, Kan. Ac Tex... 41% 41% Mlssi nil Pacific 69 69% National Lead 79 79 % New York Central At 11.. 118% 118% New York, tint. A West. 41% 44% Norfolk At Western .... 102 101% Northern Pacific 136 136 Pennsylvania R. It 131% 131% People’s Gas A Coke... 108% 109 Pressed Steel Car 39% 39% Reading 160% 161% Republic Iron Ac Steel... 36% 37 Do, preferred 99% 99% Rock Island 46% 47% Do, preferred 83% 84 % Southern Pacific 123% 124% Southern Ry. 27% 27% Do, preferred 64 64 Tennessee Copper 33% 33 % Third Ave 1«»% 11 Twin City R. T 112% 111% TANARUS« xas A Pacific 29 99 Union Pacific* 1x2% 182?*, I'nlted States Rubber .. 39% 40 United Slates Steel 7*% 78 1 ><>, preferred 119 % 11 :• United States Bonds ... 104% lt*4% Utah Copper 49% 49% Wabash 20% 21 Do, preferred 44% 45 % West!nghouse Mfg. Cos.. 67 67 bostonTcopper. Reported for The Times by Hyaden. Stone Ac Cos., 116-118 Grtswold-st.: Open. High. Low. Noon. Adventure .... 9 9 9 9 Arcadian ..... 8 8 8 8 Arlz. f'um'l .... 40% 11% 40% 41% Boston At Corb. 19 19% 19 19 Berton t’om. .. 19% 19% 19% 19% •Butte Cltn ... 24% 24% 24% 24% C:»lu. A Arlz... 72 72 72 7 2 Centennial Cop. 23% 23% 23% 23% Cop. Rang.* ... 77% 77% 77% 77% Franklin 20 % 20% 20% 20% Green*. Can. ... 9% 9% *•% :•% Isle Royale ... 22% 23 22 % 23 Ij»k<- Copper .. 81 83% Mil, *1 % U Salle 15% 15% 15% 15% Miami 23% 23% 23% 23'* Mohawk 66 66 66 66 Nevada Cons. .. 22% 22% 22% 22% Shannon 15 15 1 5 1 •, Superior Cop... 55 6x% 55 5 7 U H Mining... 45 43% 45 45 fro. pref 5o 50 f.O 50 Utah Apex .... 4'* 4 % 1 % t % Utah Copper .. 49% 60 49% 49% Indiana . #....37 3 7 36 % 361- No Like ....... 2'*% 20% 19% 19% Rnv Cons 22 22 22 22 •Kx-dividend. ::»«*. HPT til I’l‘UO—Clow. FAST HUFFAIjG. N Y. Feb. 11 Cattle —Receipts 125, fair dernnnd and .utefulv. prime. $6 50fi7.25. butchers. $3.504|6 Veals Receipts 700, active, lit- higher; common to choice. $7 soh 111.50 Sheep and Lambs - Receipts 1.3,. 000. falrit active anil Arm: lambs, $7.50 ! 08.70; yearlings, |7.2sli'S sh«-<*p. $1.60 fr 7 Hogs—Receipts 3.400, active and ■ find* stronger: yorkers. $9.15#f9 25, ' pips. $9.30; mixed. $9. heavy. s9.lo<f? 9.15. roughs. $3 250 8 50; stags, , $7^7.50. mnr.cT kiiow tub uhoi.rmi.r TAII.OH, Suits and Overcoat* made from remnants Your choice, *i*.7,Y I Worth sl6 75 to $25 0o J tl.NUkH't, M Mvaroe-ave. MANCHESTERS ARE DETROIT VISITORS Duke and Duchess Spend Day Quietly—Are On Their Way To the Orient. The Duko and Duchesa of Manches ter, accompanied by Eugene Zimmer maia father of the duchess, arrived in Detroit Friday morning in their private car and will spend the day lu re, leaving Friday evening for Cin cinnati. Owing to the recent death of ttao dowager duchess, the stay will be a very quiet one, the duchess remaining in seclusion in her cur, while the duke and his father-in law take up business matters with 'railroad officials. Mr. and Mrs. Herman F. Moeller will dine with the duke and duchess in their private car, Friday evening. Mr. Moelier, as genera) passenger agent of the Pere Marquette, has come in close contact with the duke on previous visits of his grace to Detroit and a very genuine friendship exists between them. Mr. and Mrs. Moeller had hoped to have the dqfce and duchess as their guests at dinner In the Pontchartrain and to the theater afterward, but the fact of their mourn ing prevents and the Moellers will dine quietly wdth the Manchesters In stead. ’ The duke and duchess are on thel 1 * way to the Orient. Their four chil dren have been left In England. CLAIMS PITTMANS & DEAN CO.’S BARNS ARE NUISANCE; SUES Jos. P. Thlesen Says Home Is Ruined as Residence Property Property; Wants $5,000 Damages. Claiming that his home on Mi!- waukee-uve. west, has been absolutely ruined as a residence property, Joseph P- Thelsen brought suit in Judge Mur tin’s court, Friday, against the Pitt rut.ns & Dean C'o., for $5,000 damages. Thicsen claims thatp revious to the coming of the Pittsman A Dean Cos., the property on Mllwaukee-ave. wast v.an a residential district. Then the defendants acquired several lots on which they erected large barns for the accommodation of more than 50 horses and a number of lurge unsight ly covered wagons, used in hauling ice and coal, the plaintiff says. He al leges that when the company first commenced operation It stated that along the street If would erect cot tages, with the barns in the rear, but this las never been done. Thlesen claims that the barns constitute a nuisance, in that the attract vermin, tiles, rats and mice to the neighbor hood, and he alleges that the peace and quiet of the street has been de stroyed by the late and early work of hitching horses, the shouts of drivers and the rattle of the heavy wagons. FORMER DETROITER DEAD Col. W. D. Snow Was Associate Editor of Detroit Tribune. HACKENSACK, N. .1 . Feb. 11.—Col. W. 1). Snow, 78. soldier .author and hymn writer, died hete today. He was the son of Josiah Snow, founder of the Detroit Tribune and was for a tine associate editor of that paper. Col. Snow, during the civil war. served on the stats of (Jen. Powell Clayton and (Jen. Steele, he was best known as a writer of Cnitarian hymns. Youth Steals SBOO. BIRMINGHAM. Ala. Fob. 11— An elghteen-year old youth distracted th ' attention of the clerk at the stamp I window of the local pogtofllce today toid stoleshiii in hills from a sheif I inside th) window. He was out of I sight before anyone realised what ha-l been done. Itoliert T. \\ II»«••«. u( Hlrkmopd, Inri., hn« written lu Police CominDdower Croul MUNttilK him to And Robert ] A Wilson aged 14. red- haired, and; i about *lx feel tall. The Indiana man I ‘mxa Wilson I" hi* father, and h«* i i,ni been aern by him In year*. He believe* hie father la In Detroit. Commercial « red It I*. Nalla«a. i LAST EDITION ONE CENT OR.RTDE,ARRESTED IN SWOPE CASE, IS OUT ON BAIL Kansas City Physician Who Married Niece of Late Millionaire, la Charged With His Murder In Firat Degree. Grand Jury la Called For Saturday to Conaider Caae—Priaoner’a Bail Is $50,000. KANSAS CIT V, Mo., Feb. 11.— Dr. Bennett Clark Hyde, who was arrest ed yesterday on a warrant charging first degree murder In connection with the death of Col. Thomas Swope, Is out on 150,000 ball touay. He sur rendered quietly late yesterday, going to the prosecutor's office with his at torneys. Prosecutor Conkling, a deputy and Dr. Hyde and his lawyers went to Independence, Mo., soon af terward. Here the prisoner was ar raigned before Justice W. F. Ix»ar. He pleaded not guilty and was released on bond, which had been arranged by IBs attorneys. The bond was signed by F. P. Neal, president of the Southwest National bank; H. K. Hall, president of the Hall-Baker Grain company; M. D. Scruggs, a live stock dealer; William McLaughlin, a horseman, and John M. Cleary, Frank P. Walsh and Judge John Lucas, attorneys. The calmest man in the justice's office in Independence was Dr. Hyde. While attorneys busied themselves» making out the papers in the case, and while the few spectators whisper ed loudly and vied with one another for a view of the accused physician, he sat near County Marshal Joel B. Mayes, who made the arrest, and read a pnper that told of the developments in the Swope investigation. “By the way, Mr. Mayes.” he said, folding up the paper. “I wish you would call up my house and have my wife informed that I will be home for dinner. She will be worrying about me." Just as soon as the bond was ac cepted Dr. Hyde hurried to his homo in an automobile. The arrest followed quickly after Judge Ralph Latshaw called a grand jury yesterday to Investigate the death of Coi. Swope. Prosecutor Conkling made a request for a jury.. It will convene Saturday. By dismissing his libel suit for $60f1,-" 000 against Attorney John G. Paxton. Dr. Frank L. Hall and Dr.. Edward J. Stewart, Dr. Hyde removed himsei: from the range of attorneys who have been using every legal means known to them. 1 he warrant upon which the arrest was made was issued at the request of Attorney John O. Paxton, executor of the Swope estate. First degree murder is charged. The warrant says that Dr. Hyde, with felonious Intent, administered strychnine to Col. Swope on the day of his death. Across the back cf the complaint filed by Mr. Paxton, asking for a warrant, Prose cutor Virgil Conkllng wrote above his signature: “I hereby Indorse this complaint.’* Death Puzzled Family. The death of Col. Swope, Oct. 3 last, was attended by circumstances which mystified the millionaire’s family and close friends. Dr. Hyde had treated Col. Swope during bis last hours and 1 ad, in signing the death certificate, given apoplexy as the cause of death. (Continued nn I’lKr Rlcth.) 1,758,020 TONS OF COAL MINED IN STATE IN YEAR Mine Inspector Files Report With La bor Departm%nt—Slight Reduc tion In Output. LANSING, Mich.. Feb. 11.—(Spe cial.) — The mining inspector's report has Just been placed on file at the la bor department. Thirty-one mines were, on the average, in operation dur ing the year. The preceding year there were 33. The average number of employes this year war, 2.960, while last year there were 3,087 men In the mines. The average number of hours worked was the same sot the two years, being 7.5. The number of months worked this roar were 19.6, while those of last year were 20.2. Wabes have de creased nine cents per day. Where last year there was an average daily wag of $3 02, only $2.93 was paid this year. The aggregate wages paid dur ing the entire year of 1909 amounted to $2,117,865.42 and last year the ag gregate was $2,260,196 SS. The total number of gallons of oil used for illuminating purposes In the mines last year was 34.961. Tn 1908. 33.J66 gallons were used. Blasting powder was used to the extent of 67,- 412 kegs this yeur. and last year there were usi'd 73,857 kegs. The total out put of coal this vear amounted to 1,758.020 tons Last year the output was 1,8'*9.927 tons. The total cost of mining the coal this year was $2,905,573.07. the aver age cost '.f each ton being $1.61*3. l ast year the aggregate cost was 13 n55.956 79. and the average cost per 1 ton was $1.67. > , THE WEATHER Detroit nod ilclaltyt “|*** *„,l *Nt«rd«y. portly rloady wltb l!«M r.nVn colder SMtorrf.yi iw.wlert.te „eat ntHiti keoow»l«a »nrli»kle. lower Ml'HUnoi 1««»«bt *>4 •>ni iird*y I Milder SMtwr«U»yi r«»vr~i«d.« .birti.a «• ■•*«*- Tonivi tkwpkratvwfs. II n. ». 19 m. m »1 7 r wi ... ... IT II m. m 1* « . »* ** •m. 01 I» *F- «■ ** One year o*o todayt S*»lin«*» lf»- nfnrlnrr. X7l ml«lm*«l, IT| MMt, Ul portly elowdy wrilkrr wltk *■»« •»p --r lea durlwa the forr****, ** lark. sum row at a. ■*-. u 4 at 5.00 9. m. 0 .