X ox " LXVII X° 22.060.
LITTLE CROP DAMAGE.
SAYS WEATHER BUREAU.
Private Advices, However, Report
Muck Harm to Fruit Trees.
[From The Tribune Bureau ]
sjasMngtan. April 9.— The Weather, Bureau
has every assurance to-night that there has
been little or jii damage to fruit and crops
throughout tn *' country by the unusual weather
conditions of the last twenty-four hours.
Willis L Moore, chief of the bureau, says that
while the ;-'' "ni has been general and the snow
fall almost unprecedented for this season of the
year, temperatures have not been abnormally
jotv In ar<>' part of the country, and buds and
blossoms will not be killed by the weather, un
less there is something more severe yet to come,
and there Is no expectation of such conditions.
"The severest temperatures here.'' said Mr.
jjoore. "ranged around "4 degrees, while in New
York :.rA corresponding latitudes the range
vas about .".- degrees. There has been snow
and rain alternately over all that area east of
the II - wippi. and snow Is reported in as many
localities a s I s rain.
'The temperatures, however, have been such
that the enow his immediately melted. Where
the leaves were already out this cold was not
sufficient to do them any harm. There are many
blossoming fruit trees In Maryland and Vir
ginia, biJt no report of damage done these has
cc ■ from any station.
"Th?r« is another condition that has an in
fluence toward savins; the early blossoms and
foliap TN Re were pat forth under the Influ
ence of the three or, four March days which
bmke all records by playing around 90 degrees.
That was three weeks ago. and since that time
there h?s been little unusually warm weather.
In fact, H has grown steadily colder. The tend
ency of such weather wnu'd be to strengthen
the bods in such a ray that they would be
prepared to meet and resist ■weather of consid
erable Intensity*. Just as a man is able to stand
sero weather when it romps on him by slow de
grees, bat would die if he \rer* thrust pul<l-n!v
Into It, f"> is a plant able to endure rather se
vere weather if it comes on gradually, whereas
It v»iil4 be killed if th« char.g? were sudden.
Weather of 'he temperature of the present spoil
would never be dangerous to such foliage as is
now out, while the resisting power of the buds
would probably be equal to even lower temper
atures."
DELAWARE FRUIT CROPS IN PERIL.
Cold Snap Kills Plums and Apricots and
Damages Peaches and Strawberries.
k tPy TVl«>«T«ph to The Ttirun* 1
Wilmington. Del.. April o.— Reports to-day
from the Delaware fruit t*>lt indicate that tho
fierFlftent April cold snap, accompanied by
eiiowfs. has seriously injured the fruit crops
generally.
John Heitchu, of Dover, a large grower, an
nounces that the plum and apricot crops in
Central Delaware are dying as a result of the
cold. The peach crop is also believed to be
badly damaged, although it was hoped until
to-day that It had not been materially Injured.
Reports from Selbyvllle, where the earliest
strawberries in this section are grown, show
that the early yields have been killed by the
coilfl weather. A warm spell of peyeral days
prior Is the present cold snap forced the fruit
tuds Biid made them doubly susceptible to the
frosts.
FROST IS SOUTH CAROLTNA.
Considerable Damage Beported to Fruit
Trees and Early Crops.
(: ... nsaSMSBi to T?i« Trtbune.J
Columbia. S. C. April 9.— The recent cold spell.
which m-ept over South Carolina, has resulted
la considerable damage to fruit and crops pen
erally. The extent of the damage, however, can
not be estimated. Reports from various parts
of the state show that early crops have felt the
effects of the frost, which fell in many sections.
Llpht frosts fell In the trucking districts around
Charleston, which Is a rare thing for this sea
eon of the year.
FEAKS FOR TENNESSEE FRUIT CROP.
Snow Plays Havoc with Ripening Straw
berries and Blossoming Orchards.
; , ll3r Telegraph to Tb« Trlbun*. ]
Xaehvi".-. Ter.n., April 9. Snow fell for a half
hour over most of Middle Tennessee this morn-
Ing, Increasing the damage already done to
fruit and vegetables. Frost has fall, for two
night;-, causing damage that can only be roughly
estimated. Strawberries were ripening and
peach and apple trees were hi bloom, and It is
believed that the fruit crop is practically de
stroyed. The unusually hot weather In March
nad advanced vegetation two weeks, and the
damat- by «-old is much greater than would
otherwise have been the case. As far back as
record has. Ix--en kept, Fnow was never known
here at th»s season of the year. ■
HEAVY SNOWFALL IN MARYLAND.
Baltimore, April 9. — Advices from various sec
tions of this state report snow, the fall bavins;
Wen especially heavy in the mountain districts.
The snow, as a rule, melted rapidly. The buds
<* fruit tr^cs were filled with water, and the
question of damage depends In large measure
Upon to-night s temperature.
NO FROST OR SNOW IN VIRGINIA.
[By Telegraph to The Trlbun*. ]
Norfolk, Vs.. April o.— There has been no
&<■<■ or snow in this section, and no damage to
■MR or other crops.
OIL SWINDLE CHARGED.
Company icith $10,000,000 Capital
Alleged To Be Fraudulent.
Topeka, Kan.. April 9. — Following his indict
»ent on the charge of using the mails to de
*»*u<2. H. H. Tucker, Jr.. of Cherryvale, Kan.,
•eerctary and promoter of the Uncle Sam Oil
Company, ho was arrw»ted last night In Kan
•■* City, was arraigned In the United States
District Court h*-re this afternoon. Judge 'Pol
lo<i. laai Tu.kerV bond at $15,000, and he left
■aj Kansas City. In charge of an officer of the
court, Is get ball.
It la charged that Tucker has Bold for cash
about $;,200.000 in stock In the Uncle Sam OH
Company, with a par value of over $10,000,000;
that about J20.000 paid in dividends was taken
•rom the receipt* of stock sales and not from
* arnlr « rs " f the company, and that while
jnjs was going on Tucker was using the mails
:? '"-""'iijilhh the sale of more stock: also that
•hl^'V" ' :h ' f lhe <*°mpany are now ti&o.ooo^ess
it^? k Xii " money r«<«iv«-d from the sals of the
0- A. ,R. CONVENTION. WASHINGTON.
E*2,£v.° rd " n opportunity to visit the Jamestown
2222*2 Jfrfoni. nttMidin* th« D. A. It. Con
"initV.! "'"l'' wwylvanla Railroad can leave Wash-
SSSfwm," £"1 «• hy f , ( ,H,,| t , X validated ,*> ,Jn- r
"•■ '* Ajuil Uth. Apply to Ticket Agents. -Advt.
°*we April Jttfc. Apply to Ticket Asents.-Advt.
To-day, fair.
To-morrow, fulr; northwest ninda.
FAVORS 1004 TICKET.
Hansbrough Would Run Roosevelt
and Fairbanks Again.
•i- m The Tribune Rureau.'J
Washington. April "Roosevelt and Fair
banks*for 1(»OS" is the ticket proposed by Sen
ator Hanshrough. of North Dakota. The Sen
ator was one of the White House visitors to-day,
and before he saw the President; expressed him
self forcibly on the political future.
"The President may wish to retire at the end
of his present term," said Senator Hanshrnußh.
"but I an frank to say that I do not believe he
will be able to do an, no matter how much he
may want to give up the office. You can see this
by the way sentiment hns been 'crystallizing"
during the last few weeks, even the last few
days.
"These Efarriman and conspiracy sensations
have brought the people to their feet, as it were.
In a loud demand for the President's continu
ance in office. He says he will not be a candi
date again, and Intimate* that there are any
number of pood men who ran take up the work
and follow out the policies he has inaugurated.
But the query naturally arises. If the President's
policies are to be carried out. who can carry
them out better than the President himself?
The answer that you can't pet away from is.
'No one.' If the' President's ideas are to be put
Into the statute books, which the country almost
unanimously demands, the people will very
likely insist that he remain at the helm until
the work Is done.
"I am, therefore, for the same ticket that was
carried to victory last -Roosevelt and
Fairbanks. We in the Senate like the Vice-
President Immensely He makes a splendid pre
siding officer, and if he will accept the place
again, as I think he would for the good of thr*
party, there would be geniri»l rejoicing in the
Senate. The fact that tho other Presidential
'booms' started by other candidates or their
friends have not made any progress to *p«»ak
of proves to my mind that the President will
receive a call from the country and the conven
tion that he cannot ignore. Even the Fairbanks
boom, the oldest and the most carefully nursed,
does not seem to have made any headway since
a year ago this time. It shows that the people
are waiting to force the President to run again
If they can, ana when the people settle unani
mously upon an Idea they generally carry the
day. It may be or it may not be infraction of
the unwritten third term law for ths President
to accept the place again. To my mind It woul 1
not even be a. violation of this ancient bugbear,
for the President has been elected in his own
right thus far but once."
KAXSAS FOR ROOSEVELT.
With Him at Convention and Polls,
Senator Curtis Says.
[From The Tribune Bureau. J
Washington, April 9.— lf the President can be
Induced to run again Kansas will be "for" him
at the next national convention; if his policies
are attacked on the floor of that convention
Kansas will come to his rapport: if a candidate
In sympathy with the President's beliefs Is nom
inated. Kansas will cast her vot«» f>r thai man.
This, in brief, was the declarator, of Senator
Curtis, of Kansaa, to-day. Senator Curtio has
'jus*, returned from the trip to Panama, Cuba,
Porto Rico and Venezuela with the. Cannon
party, and between his remarks on politics sand
wiched In a few enthusiastic expressions about
the progress of work on the great "ditch."
• "Kansas is for the President almost any way
you look at the proposition." said Senator Cur
tis. "The people as a whole hope, he win run
again and know that If he does be will be elect
«d. I believe that if he does not run himself his
policies will prevail at the convention and a man
in full sympathy with his beliefs will be, nomi
nated. If by any chance the President's policies
are attacked at the convention the delegate*
from Kansas will »>«• found fighting for him. I
hoi>o and trust, however, that there will be no
fight of any s"rt at th* great meeting;. The more
harmonious the convention Is the better it will
be for everybody concerned. But no matter
what comos. I feel certain that the President in
person or in spirit will have the active support
of the majority of the delegate*."
IXDORSE THIRD TERM.
Minnesota Legislative Resolutions
Kea rhj Unani in out.u t .
Pt. Paul. April B.— The Minnesota Hous<> of
Representatives to-day with a rising vote which
the Speaker announced was "nearly unanimous**
pasaed concurrent resolution* Indorsing Presi
dent Roosevelt for a third term. The resolu
tions follow:
Whereas. By his wise. Initiative and courage
ous leadership the present President of the
I*nit<-d stttes has become prominently Identified
with the cause of political, soda] and business
■is; and.
Whereas, The great work of which be hits
;u:d now is. the most distinguished ex
ponent is yet unfinished; and.
Whereas, With singular unanimity the great
body -,f the people of the United States, without
nta-ard to political affiliation, have Implicit oon
fidence in his great ability, unselfish patriotism
and unswerving fidelity to bis exalted trust;
therefore, be it
Resolved, By the House of Representatives,
the Senate concurring, that th<- best interest.-*
of the general government and the successful
establishment of the great public measures
Which have been inaugurated by the present
national administration demand the renomlna
tion and re-election of Theodore Roosevelt to
the Presidency of the United States.
The only Republican opposition came from
Representative Lennon, of Minneapolis, who
said be was not for forcing a third term on any
mr.n. He believed there was other good ma
terial in the party.
During the taking of the vote the Democratic
members remained seated.
SENATOR SCOTT'S VIEWS.
Thinks Root. Knox, Fairbanks,
Cannon and Foraker Available.
[By THmcniph to Th«> TrH>iir». 1
Wheeling. W. Va, April !» Senator Scott re
turned to Wheeling to-day, after his conference
with President Koosevelt yesterday, and re
peated here his declaration of allegiance to tha
President. In an Interview he said he favored
the nomination of a conservative, for the Presi
dency. Blnce Mr. Roosevelt would not run again,
:ind among acceptable conservatives he named
Messrs. Knox. Root, Fairbanks. Cannon and
Foraker. He believed, he said, that there was
feao much radical legislation already enacted,
and that the country's business Interests de
manded a eliange of policy.
The Senator says his relations, both with the
President and Senator Elkins are pleasant. He
denies any Presidential .-■spiratlons'on his own
part, and says he •will he glad to serve another
term In the Senate if the people of West Vir
ginia are satlsfle*.
NEW- YORK. WEDNESDAY. APRIL 10. 1007. -SIXTEEN PAGES.-b^f^rA^att^
PUSH HARRIMAN CASE.
WILL APPEAL TO COURTS
Commissioners Will Move to Com
pel Him to Answer Questions.
Washington. April !> -According to a >\
reached by the Interstate Commerce Commission
to-day B H Harriman will be mad.' to appear
in a United States Circuit Court In the State
of New York In answer to proceedings t > be
Institute, l t-» compel bin; to answer certain ques
tions which fee refused to answer when he was
on the stand at the recent bearing by the com
mission In New York. Numerous conferences
hay* been held on the subject by th*» members
of the commission. In anticipation of thla ac
tion, which will be brought as soon as Messrs
Kellogg and Severance, special counsel, ran pre
pare the case for submission to the court.
The hearing before which Mr Harriman np
peared was held In the latter part ■••
and it w.is in connection with certain trat
tions of the Union Pacific that Mr. Hanrfman,
on advioe of counsel, refused to answer tin
tiers ;iii: to him It was brough' out In the
testimony that th« t'nion Pacific owned a large
Pacific stock. Mr Hani
man was asked whether any. and, if so, h..w
much of that sto< k bel< nged I I when
he bought It and u!.:tt price ha paid for it. but
he declined to answer.
Another question which he refused to answer,
and upon which the commission ■■ Ires light,
was whether or not any or the directors of tho
T'nion Pacific were interested in th»» sale of
-rrtalr shares of »<?"ck of thq N>w X9TK Cen
tral Railroad at the time they were sold to the
Union Pacific.
The Importance, of the decision to be made by
the court extend* to future Inquiries, when tho N
commission may desL'e to ask similar question!
answers to which may throw much lignt on
the conduct of pub! service corporation*:. The
commission was unaiimnua In We decision that
Mr. Harrin should 'be compelled to answer
the Questions.
It was n this city
last rii(4h' that
mission would all > ask for an order compelling
Otto H. h:ir.': to answ r the questions thai he
refuse. l to answer .'it the hearing here. These
questions were mainly in regard to what Inter
est the dire tors of the Union Pacific had in
the stocks that were turned over to thai
by Kulm, Loeb ft Co.'. of which Mr. Kahn In
a member
Another question that the commission will
ask Mr. Harriman to answer is what he paid
for the St. ./•'. a Grand Island stock that he
sold to the Union Pa 4 Iflc.
Argument will be heard by tho circuit Court
on the petition fT the orders. If the decision
is against the commission, an appeal will be
made to th« I'niu i States Supreme Court,
and the attorneys for Mr. Harriman and Mr.
Kahn will undoubtedly appeal if the orders
are granted.
In point of procedure the case resembles the
ona a few years ago where it was alleged that
the coal roads had an agreement In restraint of
trade Tin- Interstate Commerce Commission
asked the circuit Court for an order compelling
the roads to produce their agreements oi
tracts, it was denied by the Circuit Court, but
■was granted by the United states Supreme
Conn on an. appeal by the commission.
A XOItEL PRIZE RULE.
Mr. Roosevelt Expected to Leeturc
in Norway in WO9.
Chrtstlanta, April 9.— A. local newspaper an
nounces that President Roosevelt, to whom the
Kobe] peace prize was awarded last year, will
hive to deliver a lecture here in March, l'.MiO,
it; order to comply with the rules affecting the
hold.rs of t!m Nobs] prized.
CURB BROKER A SUICIDE.
Samuel Van Stolen Said He Lost All
His Money in Street.
Samuel H. Van Slcbn, of No. 4<>S Manhattan
avenue, ■ curb broker, committed suicide last
night by shooting himself in the right temple in
the kitchen of bis home. Mrs. Van Slclen, who
had been visiting, friends, returned home and
found his body on the floor. Beside it was a
revolver.
Evidently fearing that hi* might fall to kill
himself with the first shot, and that in falling
the pistol might fall so far that he would be
unable to reach It, Van Siclen tied a piece of
tape to the revolver and then tied it around his
waist.
Mrs. Van Siclen summoned neighbors, who
sent for Dr. C. Dockstader, of No. -IS."{ Man
hattan avenue. The physielart said the man had
died Instantly. *m the table In the dining room
were found two letters written by Van Siclen.
One was addressed to hi» wife and the other in
his father, Abraham Van Slclen, of Jamaica,
Long Island. In the letter to his wife hti
begged to bo forgiven for the great wrong ht«
had done. He said he had lost all hl.s money in
Wall Street. Tho letter to his father was sim
ilar. He asked him to look out for his wife's
future.
Abraham Van Siclen, who Is a well-to-do
farmer, lives in Hawtree Creek Road. Van
Slclen was thirty-eight years old.
AFTER ALL, USHER'S THE SCOTCH
that made the highball Igaasßjß*-***
A BELATED SNOWSTORM.
Foeno in Tiry nail Park yesfprrtay.
FORAKER GOES TO OHIO.
Will Open Campaign in Speech at
Canton To-night.
Washington, April Senator Foraker left
here to-night for Canton, Ohio, where he will
make an address before the Board of Trade to
morrow night.
{By Tel^Kraph t» Th» Tribune. J
Cleveland, April o.— Senator Foraker will, un
less present plans miscarry, open his campaign
against the friends of rotary Tail at canton
to-morrow night He is to be the guest of honor
at a dinner to be given by the Canton Board of
Trade, and while the topk^assigned him is
"Civic Pride," it Is expected that he will de
vote most of his speech to state and national
politics The dinner is in charge of his friends,
and there will be' no attempt to Interfere with
his plans.
Senator F"rak"r will e:o to Columbus Thurs
norning, where he will hold a conference
with his lieutenants He will discuss th* Taft
Presidential movement In Ohio, ai '1 no doubt
will devise plans t.. counteract the sentiment
ii' the Seci i I I -or.
State i' irai • mmlasloner Vorys an
nounn t thai be had received reports
from every county In tha st:irr\ and thru each
sari the Taft sentiment wus strong-, in some
I overwhelming. Th*> Taft campaign
In i n | headquarters having t>«*»n es
tablished In the new First National Rink Huild-
Ing in Col i Foraket la • x\
tumbua th^ !at
•■ek.
DENIAL BY STAXDARD.
Oil Com pav>t Files Answer to Ouster
Suit in Missouri.
St. Loul \- ■ " ; ■ r of the Stand
ard < i of New .1 D. Rocke
; Rogers, r mdlvidual
mts and about f,.rty of the defendant
. to the . r suit
was Bled late this afternoon In the United States
Circuit Court for the Eastern Division ef t!,.«
■ n Dlstrlc • irt.
■ r;il .'irid spedfio
denial of ■ bill Bled by Ihe
government. With Ihe denial waa filed
i exceptlpna t.- all ether parts oi th« govern
ment's bill, comprising thirty-seven exceptions,
( Irrelevancy.
The dental and bill of exceptions were
with James K. 'imy. clerk of tli" i-.^urt. which
ie not In si aslon ;it this time.
QUA RTER-MILE GUA RDS.
P. R. R. May Take This Action to
Frustrate Wreckers.
I By TWetrrap! •:■<" I
pittsburg, April '.» There was an Important
meetlne of officials <-r the Pennsylvania itail
road lines, both east and west of Pittsburg,
held here this afternoon to discuss train wreck-
Ing, which has arnpunted now to almost an
epidemic along the Hues of the Pennsylvania.
The conference held In the office of Superin
tendent I k. of the Pittsburg division, last'-.i
for two hours, after which a statement was
given out that the division officials had decided
t,, place a man on every quarter mile of track
between New York and Chicago, If necessary.
to put o stop to train wrecking.
It was also the sense of the mooting that a
measure be passed making the term >>f Impris
onment for train wrecking where no lives wore
lost twenty-five years for the tirst offence, ln
stead of ten as now, and fifty years for the see
<.nd offence.
TWELVE KILLED AT LODZ.
Fourteen Persons Wounded in
Fights of Workmen Robberies.
Lods, April ft.— Many flprhts occurred among
the workmen in this district to-day. Twelve
persons wen- killed and fourteen wounded. Two
government alcohol stores hers wore robbed
this morning, the two soldiers guarding tho
building beliiK killed by the robbers.
SOLD CARNEGIE TICKETS ?
Charges Made Against Three Pi its
burg Couneilmen.
[iv- Toleisraph to Th«» TribWM 1
rittHhnrK. April 9. — Three Pittsburg councfl
men are charged with selling their tickets of
admission to the dedication of tho Carnegie
Institute for $10 each, and a eouncllmanie in
vestigation will probably follow.
All arrangements for the dedication nro com
pleto. Mr. Carnegie has sent word to Pittsburg
that he will consider it a favor if all social en
tertainments are omitted, as the regular pro
gramme will tax the streng-th of the guests.
There is much sorrow among Pittsburg society
women in conseijuenee. Mr. Carnegie also an
nounced that he would lead tho parade per
sonally from the Hotel Schenley to the Insti
tute.
GREAT BEAR SPRING WATER.
Its purity has made It famous."— Advt.
APPORTIONMENT 3IIX-UP
NEW ACT MUST BE PASSED.
Entire Redhision of State Man Be
Necessary — A New Election.
[Ry T»!ej»ra{>h to The. Tin»»ii« ]
Albany, April !>. — Developments in th«» appor
tionment situation to-day Indicated that any
thing less than a complete redisfricting of the
state, would be carried to the courts at once.
l It leal complications in this direction are In
creasing almost hourly, and the Republican lead
ers are confronted by conditions which are
causing acute anxiety to many The Secretary
of State, a Democrat, aided by a Democratic
Attorney General, stands ready to> demand an
election of Senators next fall. either according
to the Senate districts under th- apportionment
of 1805 or a new one passed this year. Either
way there is certain to be a contest, possibly
many, which will bring the whole question again
before the Court of Appeals.
Leaders in both booses of the Legislature are
agreed now that a new apportionment act must
be passed. They are as much at sea now a--*
ever as to how much redistrlcttng of the state
•will be necessary. Conferences between Senator
Raines. Speaker Wads Worth and State Chair
man Woodruff will I" held some time this week
or next, which will be followed, it la expected.
by tho appointment of apportionment commit
tees In both bouses to begin the drafting of the
new apportionment bill.
Chairman Woodruff reiterated to-day bis be
lief that in the new act th© upstate districts
would not have to bo shifted from their pres
ent lines. Senator Raines, whose own district
hardly could escape change la any genera! re
adjustment of counties which could be consid
ered constitutional, agrees with him. Against
these opinions stand those of lawyers who have
studied the case closely, and of some excellent
lawyers In the Senate, who aver that any at
tempt to reconcile th« present scheme, changed
in two or three districts, wiTh the Court of Ap
peals decision must result Inevitably in another
decision against the constitutionality of the new
act.
It is known that no which
left the Baratoga-Behenectady district as it now
stands could escape challenge from ex-Senator
Bracket! The Court of Appeals did not decide
the Westchester case technically, so that may b«
considered to be pending in reality. One '"" th
lawyers who was active In the apportionment
fight declared to-day that th« Court of Appeals
did not take up other districts than the Rich
mond and the 13th In New York County, not
because other districts were not as bad, but be
cause the two treated furnished such striking
examples of th~ evil in the whole law.
This evil, all now are agreed except a few
legislators concerned to keep their present «la
tricts—cannot be cured by a mere juggling of
three or four counties Into new positions, but
will have to be treated radically by an entirely
new division of the StatO. And whether this
be done this year or not. it seems a foregone
conclusion that there will have to be an election
of new Senators this fall Lawyers pointed out
to-day that the present Senate. if no appor
tionment were adopted, would not represent ac
curately the districts under the apportionment
Of I.V.C. while it would fail equally to represent
any new division of the state. Any member
who chose to contest the right of tho body to
pass a certain act, or. m the opinion of gome
lawyers, a suit by any citizen to test the con
stitutionality of any law passed by thi3 Senate,
would raise complications without end
The situation resolves Itself into one where
the choice seems to be between an elimination
of the somewhat dubious advantages gained by
the compromises which produced the apportion
ment of I'.mk; and th»« certainty of another con
tested apportionment. Politicians whose control
of counties woul<: .. damaged or destroyed by a
complete redlstrh'l and legislators who might
not bo able to return to the. Legislature from
new districts are showing signs of terror at the
evident determination of the newer element in
their districts and the Democratic office holders
to force an apportionment which would tear
apart the districts as laid out In 190t>.
Realization of the changes which might come
with a new appropriation is spreading through
the Legislature, and bids fair to be of much
service to Governor Hughes. Opposition t« his
policies by a legislator whose district might be
swept from under his feet at any moment does
not seem attractive to the majority of the mem
bers, especially as the Governor would be likely
to have no small part in the arrangement of the
new districts and the absolute disposition of
the fete of the apportionment bill, with power
to call a special session to enact another if
the first attempt did not seem good to him.
Friends of the Governor expect that, as the dis
cussion of the apportionment situation affords
more light to the politician-legislators, who now
think slight changes in existing lines will make
a constitutional redistrictlng. the Governor's
plans as to Kelsey. the Public Utilities bill, and
perhaps even ballot reform, may assume sur
prising popularity.
EXETER STUDENTS JUMP.
i
Fire Drives Thirty- five from Dun
bar ll all,, a Dormitory.
Exeter. N. H.. April 10.— Dunbar Hall, tha
only wooden dormitory at Phillips Exeter Acad
emy, was destroyed by fire early to-day and
thirty-five students were compelled to Jump
from the second story windows. A hasty roll
call at 1:30 this morning apparently showed
that all had escaped and that no one had been
Injured. Ths loss to estimated at fSObUOU
PRICE THREE CENTS.
DELMAS £NDS HIS PLEA.
INVOKES UNWRITTEN LAW
Demands Benefit of Doubt for Than
Jerome Sums Up To-day.
The last word for Harry K. Thaw was spoken
yesterday afternoon. Delphin M. Delmas, his
chief counsel, had pleaded for his client's life
for over three hours yesterday and for nearly
a3 long the day before. To-day District At
torney Jerome will review the prosecution,'*
case, and maybe the court will charge the jury
and then place the fate of Stanford White's
slayer in jjta hands.
Opinion**.!.* to Mr Deimssra summing up dif
fered. There were those to whom his some
what florid oratory appealed. Others thought
him at his best when confining himself to
straight argument. But it seemed to be gen
erally conceded that the Californian had not
shown the best of taste or even good tactics In,
calling every little while upon the name of th?
Most High or quoting from Holy Writ.
When Mr. IMmas. in theatric style pictured
Thaw as raising his arms aloft "in the form of
a cross" after he had killed "White, and then
compared him to the minister at the altar dis
missing the congregation after the sacred Im
molation, a Roman Catholic priest sitting near
the Jury box shrank back in his seat. andi
others who were present seemed to feel similarly
shocked.
DELMAS'S TWO OBJECTS.
Mr. IV-ima^'s principal efforts were directed to
two things yesterday afternoon. First, to im
press on the jury that the preponderance of
expert testimony was that Thaw was Insane
when he shot White. Second, to bolster up his
case with an appeal to the unwritten law. In
doing the first he accused Mr. Jerome of break-
Ing a promise because he did not put Dr. Ham
ilton on th«» stand. "The District Attorney knew
that Dr. Hamilton would testify Thaw was
lrtsane two days after the shootinsr." he said.
In accomplishing his second object Mr. Delmas
himself broke a promise, for he had positively
declared at th»» opening of the argument that
he would make no appeal to th« "unwritten
law.** but would rely on the statute law.
As proving that Thaw was Insane on the night
of June 25, last. Mr. D*-!mas said seven ex
perts had so sworn. Dr. Hamilton would have)
sworn similarly had he, been permitted, and
Dr. Benjaman, the Thaw family physician,
"whose opinion th* District Attorney had de-*
clared h*» would rather have than all the alien*
Ists on earth." had also declared that Thaw was)
Insane. Against this testimony was that of
six alienists, "four of whom had little practical
experience."
"Put I have far understated my case," Mr.
rw»lmas declared. "Th« humanity of your law
has declared that in a matter which Involves th»
life ad liberty of a human being, the prepon
derance of evidence hi given th© most weight.
Are you willing to give this defendant t.*ie bene
fit of every reasonable doubt?" Arguing that
by their oath as Jurors they were obliged to do
so, counsel ended this part of his argument,
DEFINES THAWS INSANITY.
"Something has been said that tho kind of
insanity from which this defendant suffered has
not been named. I will name It," Mr. Delmas
said. "It is that species of insanity which has
been recognized In every court of jurisprudence
It is that species of insanity that Insists that
home is sacred, the virtua of a daughter is
sacred, the honor of a wj- • is sacred, and who
ever invades that home, whoever pollutes that
daughter, whoever dishonors thai wife has for
feited the protection of the law."
With a few more sentences Mr. Delmas fin
ished his address. The clock hands pointed
to 3:13.
REVIEWS MONDAY'S ADDRESS.
Mr. Delmus. in resuming his summing up at
the morning session, first reviewed briefly what
he had said on Monday afternoon. He referred
ti> Abraham H. Hummel again, saying:
•May 1 never s»e that perjurer and convicted felon
standing hore asking twelve men to send a man ti>
death and make that little woman a widow. You
di/ believe in your heart of hearts, you know, that
no one could nver invent such a story as was told
by Evelyn Thaw. You know that no actor was
ever so gifted that In a courtroom lik» this, day
after day. ab« could have stood all the tests known
to lawyers ii she had not been telling the trutsX
That story was tOSJ M she said it was.
Mr. Delmas then said he would endeavor to
depict the effect of th-> trll!r.g of the story oa
Thaw, and that he would prove it from a num
ber of sources. He repeated Mrs. Evelyn Thaw's
testimony up to the point -where she told her
reasons for refusing Thaw's offer of marriage.
"Sublime renunciation," eaya the sneering District
Attorney. '•Sublime refusal of a young girl who
bad been of the studios and In th« stage chorus
to refuse the hand of. a. rich man in tnarriasa. In*. '
possible." he tells you. and in the same bffoath ho
whispers. "Doubtless It is false and untrue."
Gentlemen, I shall prove to you that the renunci
ation of Evelyn Neaftt was true, and that the re
fusal to marry Thaw was the act of a coM« woman.
It may he that the heart of man cannot rta* to sues "
self-abnegation. Sublime renunciation. indeed!
QUOTES FROM THAWS LETTERS.
Mr. DbJbbjm read from two of th* letter* Thaw j
wrote to his counsel. Frederick W. Longfellow.
from Paris, in 1903. in which the refusal was.
mentioned. He also referred to the testimony
of Mrs. William Thaw in which she said that •
Thaw, after his return from Ports, would pass
sleepless nights, and finally told her of tho re
fusal. Mr. Delmas rehearsed the return of
Evelyn Nesbit and her refusal to see Thaw, and !
read from the letters Thaw had written.
Counsel went over the ground covered oa
Monday relating to the mother and son attend
ing the church service In Plttsburg at which
Thaw mourned because Kvelyn Nesbtt was not
there. He also referred to the stories that Whit*
Is said to have told about Thaw. He told of
Mrs. William Thaw finally coming to New York
and meeting Evelyn NesMt. and of the mar
riage. Later, he said, while on a business trip
here, young Mrs. Thaw met White, and Mr.
Delmas told of the two chance meetings. Ho
also told what Miss May Mackenzie Is said to
have told Thaw about White's desire to again
win Evelyn, although she was irarrled. Tbo
"pie girl" story was also gone into.
Speaking of the will and codicil drawn by
Thaw, in which a sum of money was left to pro
ceed against White if possible. Mr. Deimas said:
WANTS THAW ADMIRED.
We admire the m«n of the days of old. when men
went about rescuing poor women. Why not admire
th« man to-day who dragged unfortunate girls
from SMS like Stanford White? The efforts to pro
tect the community against the pollution of Stan
ford White did not end with his codicil. So dean
was th* impression mad« upon the mind of Harry
K. Thaw that early In 1906 he wrote a letter to Mr.
Comstook. He appealed to the District Attorney In
1906. the same District Attorney who now aseas)
his life. He called his attention to the spot— to the
topei sore— in the community. He called upon him
by ills oath of office to act. Ha was baffled at every.
turn.
Put yourself in his place. Go back to the day
when you Oral met the woman you hived, and then
d.« Justice to Hurry Thaw. Depict to yourself the
suffering which tortured him. Do you remember
the spontaneous explanation of a friend of Harry
Thaw who heard the fatal phot and saw who had
fallen, when he turned and cried out: "Great God!
What it Is to be crazy:* He knew that thla was
the act of an Insane man.
Mr. Delmas requested a recess at this pafM.
as he was growing tired, and Mr. Garvaa, who
again represented the District Attorney's of
fice, offering; no objection. It was allowed. tjfjQ