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• VOV OI ~ LXVII X° 22.061. BUSINESS SKY CLEAR. SO REAL DEPRESSION. Country's Great Trade Centres Re port Record Prosperity. Special dispatches to The Tribune from three ©f tlir country"** £iv;it utaiWS of trade—Pitts bur?. St. Louis and Chicago— show no appreci able falling off ii' business. At opinions of financiers manufacturers ami business men in bbbjS*l st* uniformly optimistic, mid do not re flect the pessimism expressed by James .1. Hill, Mr. Frnf and Mr. Heluiont in recent interviews. PfttxbaiS expects some slackening up. and will welcome ii. but scouts uuy real business depression. Men lii^h in Uto steel trade say there can be no depression there this year or next. St. Louis is enjoying the greatest business prosperity in its history, and prospects are for more business this year than last. One of the great railroad W|lllpiWt companies reports or ders on Its books for nearly UMMMO cars. Chicago is rejoicing over the Republican vic tory la the recent municipal election, and re ports business in every line booming and on the increase. HTTSBrRG- .\OT GLOOM Would Welcome Some Let-Up — Xo j Steel Trade Depression. fFv T»Trs.[>n to Th» T-ib'in# 1 r--'sburs.r --'sburs. April 10— Pittsburgers believe there will be a gradual slackening up in the present industrial rush, nnd welcome the Idea. Leading ir.sr.ufacturers, when asked for opinions, ap peared to have frlven the subject attention, but Ve«-e loath to go on record as against the finan cial leaders, who are quoted as being pessimis tic as to the future. J^-hn H. Jones, president of the Pittsburg and Bs£s2a Coal Company, which has just voted to fp-.»r.d nearly ■ minion dollars in extending its cos! mines, paid: •'I believe there Is going to lie a slackening down, especially among the railroads, because of adverse legislation and criticism, but that will not reduce the total of business mor<9 than live to ten per cent of Its present ratio. We can &JTor'* to decrease our national business without er.y financial suffering. I look for a strong, hrt>;thy growth of trade in all lines." Jch:i Jackson, president of the Fidelity Title z~Ji Trust Company, said: "As Ear as the stock market is concerned. I believe there will be somewhat of a depression. •>.-. ich money has been turned into ppecula t"v#^lines. A lowering market will turn more me.-fy Into legitimate channels of trade and *.h?t vill prove a brnefit to counteract the de- Clll * of stock buying In New York." "The railroads have been heavy buyers of ir<>n and steel during the 3«st eighteen months." said an official of the Carnegie Ste*»l Company. 'They will continue so throughout the year. If thfv at down their requirements one-hnlf for I!XK wr will still have the left-over business from this ye?r to complete, which will make a reypettable ■lasre fn itself. The rnilroaUs hxvi crowded out the buying; of nearly all other lire?, and many of these" have not expanded as rapidly as they s/tshed. These will continue ?* buy, and we cannot pee where there is go. ?n? to he a falling off of more than 1O per cent rf the present volume of trade. We are nver crr-wded. and fo is everybody else, and a decline. In order? will be welaoma. We do not look for sny <-onsiderable falling off in tonnage. This our own preparations for extensions prove." The Carnegie Steel Company has always been guided in Its policy for future requirements by '.he crop rejK>rts. This practice has been closely followed by the United State* Steel Corporation. T!>e farmers will force the railroads into the market for equipment, is the belief of the Car nf-gie people. -Business may slacken." said Willis I* Kin?. financial head of the Jones A I*augh!ln Steel Company, "but we believe the ushering in of an nnnounoed decline in lrade will ♦• dis counted. The railroads are said to be behind from '£> to T/i zicr cent in handling the traffic offered. The more talk of hard times, the less probability there will be of a financial depres sion. The warning Bounded by the men at the head of the railroads is an excellent thing for the country. "There cannot be any depression during 1907, nor far Into IJKtS, in th«- iron and steel industry. By thai time everybody will have balanced ac counts and prepared for the Flump. It is the euddrn collapses which are feared and not the much advertised ones. "The country is growing too rapidly to stop where it is. Judging from reports received, from all <juait»rs, fully five million more men could find employment in the country. We do not look for lay decline in prices in iron and steel, ox opjjt in a few commodities, and these only to a normal ba*iF. "We have not touched the export trade. The nation could ship its surplus product to foreign countries at as pood prices as are being realized at home." BOOMIXG IX CHICAGO. All IJnrs of Trade Rushing Signs of Falling Off. I By T»>rraph to Th* Tribune.] Chicago, April ]«.— Well known Chieagoans in various lines of business activity refused to-day to reflect the pessimism regarding business con ditions attributed to New York financiers. Not long ago James Simpson, vice president of the MarslßßlJ Field Company, when asked for an opinion on das deep gloom prevailing in New York, said: "There is no recession anywhere and *>o Btgn of it. We do not see a soft upot outside of Wall Street, and this country is getting fur ther away from Wall Street all the time." Tbat is the attitude of the Chicago business (Sarli to-day, although the men who voiced their opinions wanted it understood that nothing they ■aid was to be considered "controversial." They **»re not refuting the opinions of New Yorkers, hat etating their own, they «wti«l. Baaaar A. Stillwoll. manager of Butler Broth ers, paper manufacturer's, said that Chicago buelness proajirrity at th«* present time v. as "extraordinary" and "unprecedented." "There's •Kit a < loud in the »ky," lie said. "Things are ixKiirilng in our own Hoe and everywhere else, 1 understand. i don't know where Has the Jus tification for th-se reports of a Flump in busi tt+m.' W. W. Klmbull, president of the. W. W. Kim ball Company, said: "We are entirely fattened **i f li busine** conditions. Our own business is keeping up fine— is considerably ahead of last i'*«r. There Is no Indication of v slump, either.*' Pobert Scott of Carson, Plrie, Scott & Co.. SS!«i: "Business everywhere •* a good deal CesilsntZ *n eizbta prso, * To-day, cloudy. To-morrow, fair and warmer. PEACE WILL SAVE CUBA. POWERS TO BE RESTORED. Mr. Taft. However, Sets No Date for Resumption of Control. Havana. April 1«» Secretary Taft gave out the following statement to-night, it is ad dressed to Governor Uagoon. and In it the Secretary says: After having conferred with committees of the Liberals, Conservatives and Republican par ties and leading men of the community, Includ ing; lawyers, bankers and representatives of the Chamber of Commerce and others, and after full discussion of the situation with you, Gen eral Harry and Consul General Steinhart, 1 make the following recommendations, having in view ' the circumstances making Intervention necessary: The question now arises: When shall the elections be held? The advisory commission appointed to draft electoral, municipal, judi ciary and civil service laws, composed or" three Americans, four Liberals and four Conserva tives, declared to me it was Impossible to hold fair elections until a census had been taken, and this view has been strengthened by assurances from all political parties. All the parties through their committees have expressed the view that the wisest course will be to hold a preliminary election to test the electoral law and the tranquillity of the country. The Liberals urge that this lie for municipal and provincial officers, while the Conservatives insist it ought to be limited to municipal offi cers, but they agree in holding a preliminary election. The Liberal party expresses the view that a census can lie completed In four months, and that provincial and municipal elections may, therefore, be held In September. The Conservative party expresses no opinion as to the time required for the taking of a cen sus, but it insists upon great care and that the registration lists founded upon the census should be subjected to a severe and impartial judicial scrutiny, as proposed by the advisory commission, and that the preliminary election shall l~- held a reasonable time after the com pletion of the census. The Liberal party, hold- Ing that the preliminary election should take place In September, recommends that the Presi dential and Congressional elections be held the Mist of next December and that the regular consitutional period shall elapse thereafter be fore the reassembling of the electoral college to name Senators and the President The mem bers of this college will be elected at the gen eral elections. According to the constitution these electoral colleges will not convene until one hundred days after the general election. The Liberal party suggests that th> new Con gress shall meet to receive the vote of the elec tion for President In time to permit of his Inauguration on May IX*, IJM)8, the anniversary of the Inauguration of the first Cuban President. The Conservatives Insist that this preliminary election is In the nature of an experiment, and tha) three, months is not a sufficient Interval to determine whether this experiment has been a success, and they recommend that not less than six months elapse between the preliminary and the Presidential and Congress! elections. PRESIDENT'S POLICY UNCHANGED. First— It is hardly necessary to reiterate that the position of President Roosevelt is exactly what It was when the :'ii"-t proclamation was issued establishing a provisional government under the Piatt law In this Island, to wit, that Cuba must be turned over to a Cuban govern ment, fairly elected, so soon as the conditions of tranquillity In the country permit, anil that the stability of the government established be assured. Second- I do not think four months a suffi cient time for the taking of a census necessary for an election. It would I■* most unwise, therefore, to llx a definite date for th«> holding of a preliminary election. All that can be done, and all that ought to be done, la to declare that the census be taken in as short a time as pos sible, malting Hi* census thorough, fall and complete for electoral purposes, and an an nouncement that the preliminary election shall be held within such period thereafter as may afford a reasonable time for complying with all the requirements of the new- electoral law. Third — The municipal and provincial elections, which in a sense are local, should he held at t he same time, i have alr«':tdy expressed the opin ion that the elections by which the present pro vincial authorities were brought Into power were attended with such Irregularity thai the resignations of these officials should be at the service of the government, although the present conditions ] unify the maintenance of the de facto status of these officials so long as they conduct themselves properly rather than an Indiscriminate removal of them, with the pos sible excitement and controversy likely to at tend the election of their successors. BUM, the question of the proper policy to pursue in re gard to the present provincial officers la a mat ter which is In your hands for decision, but It is certain that * soon as; the present condi tions as to provincial officials can be cured by election that election should be held, and therefore both municipal and provincial elec tions should be held as preliminary elections. It Is true that at the provincial election pro vincials will Vie elected consttutlng one-third of the electoral college to vote for Senators: but at the national elections there will be. elected two- Ihirds of the members of thia same college, and therefore the selection of a provincial council will have comparatively little bearing on the national election. Fourth— months may not be sufficient time in which to test the questions of tran quillity and the success of the experimental perlimlnary election; therefore, our declaration should not be morn limited than that the na tional election shall U' held within six mouths after the preliminary election. Fifth It is. of course, proper to comply with the constitutional requirement regarding an in terv;U of one hundred days between the Con gressional and Presidential elections and the voting by the electoral college, the assembling <-f Congress and the inauguration of the new President. The. government will then devolve upon the newly elected President and Congress. Sixth— The carrying out of this plan, of course. i.-- strictly dependent on the tranquillity of the country, which must continue through two elec tions and Which must give assurance, of the sta bility of the new government, because without this the United States would not be discharging the obligation devolving upon it by reason of the intervention. Seventh— It la in the interest of the business prosperity of the island that tills plan be mad« public I have submitted the substance of this letter to President Roosevelt He approves it, and he has instructed me to direct this!com munication to you. WILLIAM H. TAI-T. Immediately after the giving out of this com munication Mr. Taft went on board the May flower, accompanied by Governor Magoon. Min ister Morgan and Consul General Stelnhart. As soon as the Governor and his party left the Mayflower that vessel steamed out of the har bor bound for Porto RiCO. MR. TAFT'S BUST DAY. The Secretary had another busy morning receiving committees. Among the. callers were ■ number of merchants of Pinar del Rio. who asked the Secretary to order the payment of money and provisions which they had ad vanced to the Cuban government troops in the lust rebellion. General Rodriguez, chief of the Cuban forces, discussed with Mr. Taft for an hour the ad visability Of an increase of the strength of the rural guard to 10,000 men. s. P. McUivnoy, a contractor of New Jersey, who for several years lias had a $13,000,000 contract for sewering and paving In Havana, was received by Mr. Taft this morning and asked that the matter be settled. Mr. McGlv ney refused to make any statement to the press, but those who accompanied him said Mr. Taft took the ground that the matter was one for the future Cuban government to settle. Mr. Mc- Givney. it is asserted, lias had 1900.000 de posited In the Havana city treasury for over four years as a guarantee to carry out his con- CnnJlniiril on Mf-ond pace. DEWEY'S SAUTERNE AND MOSELLE. White Turner Wines of Superior Quality. If T Kewcy & Sons Co.. 03$ Fulton St,, New York. -Advt. NEW-YORK. THURSDAY. APRIL 11. 1907. -SIXTEEN PAGES.- FORAKEE TAKES STUMP. TALKS OF HIS RECORD. Has Differed with President on Only Three Points, He Says. [Bj Telegraph to The Tribune ] Canton. Ohio, April 10.— Senator Joseph R. Poraker opened his campaign against the friends of Been tary Taft for control of the state here to night when he delivered a speech ;it the Board of Trade dinner. His- topic was "Our Civic Life," but he dis cussed his career In Congress, explained his attitude toward President Roosevelt's policies, declared that he would accept no criticism except from hi< constituents, :n-,d held himself accountable to no one else. He said he bad only thrice opposed legislation favored by Presi dent Roosevelt, and that he would abide by the judgment of th>> people of Ohio as to whether he had (]on,» ri^hr. Hi,- reference* to the Pres ident w.rc received without demonstration. The dinner was served In Memorial Hall. Among the pucst.s were the Senator's lieutenants ii":, i many ..r ih«> largo cities tn the suite. They made his visit here a purely political affair l>y billing the, city with his portraits. Tilts.- portraits were printed by ;i non-union establishment In Cincinnati and stirred up the organized laboring men of Canton. Mr. Foraker's reception upon his arrival nnd during the afternoon was perhaps not so warm as usual. Many prominent Republicans who are strong Taft ny n refused to pay their respects to him. He- reached the city In the early morn- Ing, visited the McKinley monument and called on Mrs. McKinley. SENATOR FORAKER'S SPEECH. The Senator's speech follows: Gentlemen: First, let me thank those having this occasion In charge for the Invitation that has brought me here. Ii is always a pleasure to visit your city. It is growing so rapidly and Is In every way bo prosperous that it Is in the highest sense of the word typical of all that Is beat in Ohio. You are distinguished in other respect* Tour city is familiar to all the world as the home and last resting place of William McKlnley. His memory la cherished by every man in the land. As the years pass we appreciate more and more keenly his gentle, modest, unassuming, courteous manners, and his steadfast »nd loyal devotion to the great principles of Republicanism as repre sented by Lincoln, and Blalne, and Sherman, and all the other great leaders of our heroic days. I congratulate you thai you are still repre sented in the. public service by m> distinguished and so beloved a hod as Justice Day. He adorns the bench of the greatest judicial tribunal ii: the world. You may Justly be proud of him. I do not know the details of your Industrial growth and development, nor do I know, except in v general way, what your plans are fur the future, but inspired by what you have accom plished, and what you are to-day, I know there Is ahead of you greater successes than any you have yet achieved. My Invitation for this evening generously gave me permission to select my own subject. in the exercise of this privilege 1 deem it my duty to first address myself to some nn tters that may seem somewhat personal. In a Washington dispatch published in • - Th<» Cincinnati Times-Star" I find the following: President Roosevelt has drawn a "dead line"* f^r Senator For.iker. "Tims fnr. but no f.-irther." in the warning, it applies to th»> Senator's for'h coming speeches In oiiin. if he K"es beyond tlio lln* drawn, if b«» attacks President Roosevelt. rre«sid/-nt Roosevelt will be beard from in no un rerlaln tones. <AN l»nAV\ M' • i l>J- < .Al> '..iXY^. "The wicked flee when no man puraueth." I have not forecast the character «>f any speeches I am ltiteii'litig to inak'-, and if I had; It would = '><--Ml Incredible to the average mind that s-uch a story could be anything more than a mischief making pipe dream ol an over ambitious corre spondent. Tlmt the President of the United States should become personally engaged In a political contest to determine his successor In without precedent, unless 11 be the bad precedent set by Andrew Jackson as to Martin Van Buren. That he would enter upon such a struggle with a declaration that he Is to set limitations upon the freedom of BDeech of those who may differ from him, anil that they are to disregard those limitations at their peril, la without precedent even In the r.ise of Jackson, and Is so inconsistent with the dignity of his hlnh office and the proprieties always to be observed, that I feel it a duty toward the President himself to enter for him, on my own motion, a disclaimer of all responsibility for such a publication. The time has not yet come, and nobody knows that better than the President himself, when "dead lines" nan be drawn In debate for any body to observe; nor has the time me when any real man would respect them if they were drawn. So far as I am personally concerned, 1 shall always speak with malice; toward none, but ac cording to "my convictions whenever and wher ever I may have occasion to speak at all. Here's another— a. sort of companion piece. From the ScrlPps-Mcßae papers 1 take the fol lowing: The President to hii frienda haa mem .,ii'- ■ iward Wall Street R H Hin i n, J. B. D Rockefeller KNOWS <.i' NO "PLOT." In view of this publication r trust i may with out Impropriety say that until It was given nut at Washington a few days ago I never heard tell of any combination or trust <>,■ conspiracy to opi 'resident In anything; much less did 1 ever hear of the so called Bye million dol lar consplracj of whl h we have heard s<> much duriiiK the la^t v, . - 1: i trust I may be pardoned for going further and saying I never saw John I> Rockefeller but on.-c In my life, and that was twenty years ac ( > <t more, while I was Gove rnor of Ohio. I t}><Mi had the pleasure of meeting him In connection with the ceremonies connected with the laying of the cornerstone of the Young Men's Christian Association building at Cleveland, ohio. With that single exception I never saw him, never spoke to him, and never communi cated with him In any way, directly or indi rect!-.-. Mr. Harrlman 1 have seen oftener. I have seen him three times t .vie. at the White House; the last time as an honored guest at the wed ding ceremonies of the President's daughter. On neither of these occasions did I have any conversation with him. The only other time I ever saw him was ro meet him at a dinner party given by Senator and Mrs. Depew. where Speaker Cannon and lii* daughter, Senator Spooner and hia wife, Sen ator Klkins and his wife and many others were present. Except only the i.rief conversation of the evening in the presence of all this company, i never communicated with him directly or in directly on any aubject whatever. l call attention to ail thla with particularity, s.. that at the outset auch wild, reckless, crazy stories may be put Into the class of campaign literature where they properly belong. Hut these .stories are but samples o! many others, nil ol which, taken together, seem to have for their object the dissemination of th<> idea that I am at wai with the policies of Presi dent Roosev< It. No man ever occupied the White House who has been identified with so many legislative measures aa President Roosevelt. He is a tire less worker. He is constantly doing, or causing to be done, something of preat importance. This Is true not only as to domestic but also :.* to foreign affairs. He has been President since September, 1901, almost six years. OPPOSED ONLY THREE MEASURES. During ail thai time I have supported all measures that have come before the Senate of. the United states for consideration with which be was in any way Identified, except only three. I differed from him as t.. Joint statehood f<>v New Mexico and Arizona. Insisting that they should not be forced Into the Union as one *tni» unless a majority of the citizens of each terri tory might so vote. The proposition -1 favored was adopted by Congress, and the people of the territories voted against Joint statehood. That was a proposition about which men might well differ. There was no occasion for Continued on tUXrd l»*u. LOXGII'ORTH FOR TAFT. Thinks Secretary Typifies the Pres ent Administration. Cincinnati, April I©.— Congressman Nicholas Longworth returned ftom Washington to-day. In an Interview he declared himself in favor of Hie nomination of Secretary Tuft as the Repub lican candidate try President. He said that his opinion was personal and that he spoke only for himself, but that he believed that Mr. Taft in th.- eyes of the people typified the Roosevelt ad ministration. "Since it has been announced that Secretary Taft lias been a candidate," Mr. Longworth said, "it seema to me that the sole queHion in volved is whether >r not the Republicans of ohio will indorse him for the Presidency. Sec retary Taft beiriK a candidate for President, an.! f*>r no other office. 1 cannot see how any other offices are herein Involved. Personally— and speaking only for myself— l am for Taft for President, The groat question before the peo ple in the next Presidential election will be, in my opinion, the approval or disapproval of Re publican policies as registered by the legislative and executive branches or this government for the rnst eight years under the administration of President Roosevelt. "It seems to me. that after the President him self there is no livirip man who so thoroughly typifies In the eyes of the people* the spirit of the Roosevelt administration as William H. Taft, There Is no one who can l>e better trusted to carry out many of the great reforms which will he necessarily incomplete upon the retire ment of President Roosevelt, March 4, 10** I .'. as can William H. Taft. His whole life since h«» became of aijf has been devoted to the public, service. His record has been without a speck, his character without n flaw, his abilities as a jurist and aa an administrative officer have iir":i fn distinguished as to ha\«« placed him in the ranks of the very great men In *h« history of this country. "Ohio, more than any other state. Is known as the mother of Presidents. 1 believe that the tlni" is at hand when she may become the, mother of another President, for I firmly believe that If the Republicans of Ohio stand by William H. Taft he can be nominated and elected." ANNOUNCED HIS SUICIDE. Friend of Thaw Shoots Himself in Pittsburg Theatre. [By T>ysrraph to The TrWwin* ] •• Pittsburg, April 10.— Robert M. Crow, twenty two years old, mpted suicide by shooting himself in the abdomen in a box at the Grand Opera House during the performance this after noon. He is nt the Homoeopathic Hospital, and th«re is little chance for his recovery. Crow, who Is ;\ nephew of IT. C. McEldowney, president of tho I'nlon Trust Company, h-is been mentally unbalanced for some time nrid has spent all his tlmn studying works on Insan ity since the beginning of the trial of his friend. Harry K. Thaw, In New York. W. C McKl downey. another uncle, declared that "Pittsburg paranoia, an insane impulse to do something sensational." caused Crow to attempt his life under such spectacular circumstances. t'.ettxf !.o>i£);.' a l -»*: re»t ft* "io tlte«iire and sent letters to his uncles telling them of his Intended suicide. Miss Ethel Levy was pinging "Unrequited Love" when he arose, In the full Bight of the audience, and fired a shot into his body. Miss Levy r:m from the stage, while women In the audience reamed and fninted. Both uncles of the young man had received his letters and were on the way to th- theatre. ( A RNEGIE A IDED GROW. Gave Him a Pension- Hit Namf Perfectly Clear, Friends Soy. Washington, Apm 1" SYienda of Galusha A. Cmw. c-x-Bpeaker of the House, who .; in Greenwood, Perm., on March .'il la.M. and whose fortune has disappeared, blama : laid on blackmailers, who. with the aid of a woman, an- alleged to have swindled him. have proof which clears his name of every Im putation. luirinvf lils lifetime, however, Mr. Grow preferred to spend his fortune to i such reports rather than attempt, at his ad vanced a^.\ to prosecute those who wronged him. This proof is in the hands of James T. Dubots, formerly consul general of the. United States to Bt. Gall, Switzerland, and executor of Mr. • Srow 'a t state. When asked about the report that Mr. •Iron had been swindled out of bis fortune, Mr. Dubola practically confirmed It. He said, however, that nothing In Mr. Grow's life could In any way reflect upon his Integrity and uprightness. "Mr <;•■>•/ s. Nt for me In September, 10»\V ' Mr. Duboia said, "to come to Glenwood, ivnn., hia home, to sco him. He ti>ld me that owing to unfortunate railroad and other Investments, and the Ingratitude and deception of people whom he had befriended, h<> had lost practically all of his fortune, and that he was without means of sup port. "1 assured him that as long ns I lived lie should ii"t \\ant for the necessaries of life, and that there was no reason for his fear that he would be hurled in tho potter's Held. Upon re turning to Washington l wrote to Andrew Car negie, Informing him that Mr. Crow had lost 1;1* fortune and was in financial distress. Mr. Cjir nt k'\'- •■!< once replied that he was very sorry t>> hear of Mr. Crow's misfortune, and after con sulting with me he put him on his pension list f(,-- $1,000 a year. "In t! arly part of thin year Mr. Carnegie desired to know how Mr. Crow was getting alonp, and if he was comfortable nnd happy. [Tpon learning thai be had nothing but the pen sion Of $1,000 be at once doubled It. saying that be was \ < ry glad to make arrangements for Mr. Crow for the r--.st of his days, because he had rendered such distinguished services to his country and his fellow men. especially in con nection with Ihe Homestead act." A PLACE FOR TYLER. President Appoints Ohio Negro Auditor for Navy Department. [From Tho Tribune Bureau. Washington, April 10.— Announcement was mad« nt the White House this afternoon that the Presi dent had appointed Ralph W. Tyler, of Columbus, Ohio, auditor fat the Navy Department to suc ceed W. W. Brown, of Pennsylvania, who has re ceived a better place In the Department of Justice. The appointment of Tyler, who is a negro, ends a long controversy in Ohio. Both the Ohio Senators Indorsed him for a federal office on account of his prominence among his people, and It was at first proposed to make him either surveyor of the port at Cincinnati or collector of customs m Toledo Both plans -were opposed, however, and the ap pointment ha& been in abeyance for some time. AFTER ALL, USHER'S THE SCOTCH that made the highball famous.— A <3vt. rr CopyrijcV.t. 19Wi. by The Tribune Association THAW'S FATE WITH JURY. Locked Up Until 1 0:30 This Morning — Rumor They Stand )0 to 2 for Acquittal. JEROME MAKES SCATHING ADDRESS. Says Young Wife Lied— Declares Thaw Was Sane — Court's Chugs Thought To Be Against Prisoner. WHAT JTJEY HAS TO DECIDE. Verdict. Maximum Penalty. Murder in first degree — Death. Murder ia? second degree — Life imprisonment^ Manslaughter in first degree — 20 years. Manslaughter in second degree — 15 years. Not guilty because insane. Not guilty. Short after ."» o'clock last night th* fat© of Harry K. Thaw was commuted into the hands Of the Jury by Justice FitzGerald. At It o'clock they were locked up until 10:oO this morning, not baring reached a verdict. A rumor bad it that the lury stood 1O to II for acquittal. the two men standing out for con vli ti'tn for nmnslaußhter. Events quickly succeeded one another yester day. It seemed to be in the air that the end of the long trial, which had been l»-£run as far back us January 29 would be reached. District At torney Jermoe began his summing up at Il:3t>. Ry H:4O In the afternoon he had finished, and at 5:11 Justice FltzGeral* hnd completed his In structions to the twelve men who are to say whether Thaw shall po forth a free man or !*» Imprisoned or <!!»•. More rapid progress had been made than at any other period of the trial. Justice FitzGerald's charge was much briefer than had been expected. He spoke less than an hour, but In that time covered the points of law Involved thoroughly. It was generally thought that he bad ruled somewhat adversely to the de fendant. "The law does not recognise a. per sonal avenger," he had paid. "A person is not excused from criminal liability unless he does not know that his net Is wrong. The law pre sumes sanity and a delusion In a defendant's mind does not excuse a homicide unless the de lusion. If true, would have constituted a proper excuse.*" These were a few of the rulings, which seemed to those who heard them to be adverse to Thaw. H'Hh skies professed t > be satisfied with the i h.trße. and th.c defendant's counsel, who I never wanted confidence, were still more c»>!-t.iin of acquittal. After th» jury had been In consultation they were taken out to dinner at the Broadway Cen tral Hotel. They returned shortly before D o'clock. Meanwhile Justice FttsGerald had gone up to the Manhattan Club, where he had din ner. Three of the Jurors took satchels with them into the jury room, and this immediately gave rise to the report of a disagreement, as II was figured that those three men, at least. e.\ pecttfl a lengtJ»cne*3 "session. Thaw waited upstairs on the mezzanine floor with his wife. The rest of the family went up town to the Hotel Lorraine, Intending to f stay there until a verdict was reached. District Attorney Jerome and all the counsel for th« defence went across the street and hot» nobbed together. When news came shortly after 11 o'clock thai the Jury could not agree they Bled away to their homes. The principal topic of conversation bad been Mr. Jerome's ad dress. < •COMMON' TENDERLOIN MURDER." "A mere, vulgar, everyday, common Tender loin murder." Thus District Attorney Jerome stripped the crime of all the false glamour that baa environed it since the night It was com mitted. Thus he put it on its trne piano and thus he removed the last vestige of romance that Mr. Delmaa bad so assiduously worked to cast about Harry K. Thaw and Evelyn Nesbit. In a summing up that was as forceful as it was brief Mr. Jerome spared not the lash of sarcasm. The defence, by its very nature, lent itself to such an attack as the District Attorney made. The whole fabric practically rested on the word of one young woman whose mode of lit".- and whose overwhelming interests In the success of the defendant seemed to lend doubt to her credibility. And in addition to the natu ral openings presented to the prosecutor Mr. Delmaa had made others. While Mr. Dehnaa had with many rhetorical flourishes asseverated that the "unwritten law* should have no place in his plea for Justice for his client, he had. In fact, placed more, depend ence on that appeal to the sympathies of the jurors than on the whole mass of evidence, ex pert and otherwise, that he had offered. And in doing so he had named the species of insanity from which Thaw was asserted to have been suffering when he killed White "dementia Americana." "It is that species of insanity which leads a man to protect his home, his wife and his daughter." he had said. "DEMENTIA AMERICANA" A TARGET. This "dementia Americana" furnished the tar get for Mr. Jerome's keenest darts of satire. "We. have heard much of 'dementia Ameri cana.' " he said, "but this 'dementia Americana' doesn't wait three years before It strikes down a seducer and then, only after waiting until It had a pood dinner. 'Dementia Americana' doesn't flaunt an unfortunate girl for two years as Its mistress. "Dementia Americana* doesn't take refuge In the- terrible confession of a poor girl forced to tell her shame upon the stand. No gentlemen." he cried, "the 'dementia Ameri cana* that moves men to strike for their homes and their women Is not that kind." In those words the prosecutor practically pre sented his answer to> the contention of the de fence that Thaw was Insane at the time of the killing. He argued that It was premeditated murder, puro and simple; the result of a com petition between two men for the possession of a girl, who played one man off against the other. Thaw had been told of the wrong done to Evelyn Ne*blt by White— lf he had ever been told and If any such wrong had ever been done —in Paris in the summer of 1903. Subsequently Thaw had seen White several times and had only glared at him. "Why did he wait three long years?" was the prosecutor's question. ••Why. If he was insane all that time, did he wait so long before killing White? He killed White because he feared White would again take the girl from him," Mr. Jerome declared. In a lucid, convincing way the District At torney described the events of the night of June 25 last and Insisted that none of them suggested that Thaw was insane. Thaw's long, sensible aonversation with JL Clinch Smith. Stanford White's brother-in-law, was ci»*d as show ing he was absolutely calm and col. tcted. His deliberation in watching for his victim and in approaching and shooting him. and his self contained manner as he lifted his arms above his head and showed the .pistol butt upward, wer* 1 . PRICE THREE CENTS. also described as the acts of a man who well knew what he was about. His demeanor am the way to the police station and when ar raigned all showed the perfectly possessed, normal man. Mr. Jerome argued . "It was not until my thirsty friend. Dr. Evans, had an opportunity to talk to Thaw that these brainstorms were thought of," said] the District Attorney sarcastically. DEFENDS WHITE'S MEMORY. At no time was Mr. Jerome more earnest than ■when he lamented that the rules of evidence had not permitted him to defend Stanford, White's memory by competent evidence. "Oh. If the whole truth could only be told." he said with an eloquent gesture. Then he told how Mr. Delmas had prevented him from showing that Evelyn Nesbit could not have been with Stanford White the night she says he drugged her. "And then the defence ostentatiously put In evidence a big hunch of letters from Stanford! White to the girl." Mr. Jerome said. -Wefa they read? Only one of them. Do you think that If there had been the least suggestion off anything evil in any of those letters they would not have been read? And wouldn't a mar. if ho bad the character the defence ascribes to him have written something evil? They were not read because there was not a word in them that was not proper and kindly." Then the District Attorney told of th« •"extraordinary tribute" young Mrs. Thaw had, paid White when she described him as "a grand man: one of the finest men I ever knew." "It seems to me." Mr. fosse said, with much , emotion, "as if the spirit of Stanford Whtt* I must have entered and whimpered in her ear: j 'Evelyn, my lips are sealed hi death. I have no i protectors. Won't you say one good word for| me?' " Telling us-* was made by the prosecutor of Evelyn Nesbit's diary. Her cynical views of life, her sneers at "good girls who would n.«vasj amount to anything;" "who might become wives and mothers, but nothing else." were read anal used to show that the "angel child" was much? of a woman of the world even at seventeen* Nor did Mr. Jerome fail to point out to thi Jury that her .innocent, childish manner and dress hen she gave testimony were assumed td gain their sympathy. "But you have sworn to lay sympathy aslda^i he told the twelve men. "and you must abtdag by your oaths." CALLS HUMMEL. "SCOUNDREI*.* .\ Mr. Jerome didn'r spare Hummel. "For year* 1 have tiled* to get him where I have got hgsaji I regard him as a blackmailing scoundrel ci twenty years*, standing, and I intend to put him In Jail as soon as I can and keep him them as long as I can," he said. Nevertheless, he ar-« gued, there was internal evidence in the afR-*: davit itself that Evelyn Nesbit made that proved Its truth, and he pointed out that the> testimony of Snydecker. the notary public who witnessed her signature, and had remained un« contradicted. In concluding his summing un Mr. Jerome quoted from the Bible, following his opponent's example. With much earnestness he intoned. " 'Vengeance is mine, saith the Lord, and I shall repay.**" And again, as was thundered fortl»* from Mount Sinai: ""Thou shall not kill.'" RIDKCLES U'IFES STORY. Jerome Gibes at "AwgH Child" and ai Thaic as Avenger. The Dastrlci Attorney !)ear;m his address a* sooa as the late art rials in the courtroom had taken th.eir seats and order had been obtained. Ha said: If ii please your hone- and gentlemen of the jury, it. seems, as f;ir as I am able lo judge, tna» we have boen wandering through a field of ro- i manec for a. couple of day.-*. But on these flowery l st-ntences and or. all of the high flown rhetorto' are we to decide this case? It Is with a plain . '■•■<« i proposition upholding the law and providing I for your safety ■i.l mine that we now have to' «1t?al. Tli*> Usue? here cannot be determined by a few statextM nt>. We have heen under a great strain. You have been separated from your fanr* i lilts, and your burden lias been a heavy one. The) ■ task has r.nt bfen an easy one for ihe learned ', Judge. Hfher. lie has had complex questions to>' rule on. presented to htm by counsel, which hat* \ required Instant determination. It hr»s not been,' an easy time for counsel. I have had no Incon- i ssii!"r:ih!.» burden. If i have gone to an extreme* and trHn?sr^s.seil Ihe r>i!«»s of courtesy in my con—: duct to ju. 1 ; jury or co«n.««!. I have done so be-. cause I have tried to do my duty. Keep clearly In mind thai iMa» i.* no private ■; litigation. Keep in mind the fact that the people's! stile has the Interest of the community In min<t. I This Is no fight between the executors of Stanford, i Whito and Thaw. No effort i.« betnß made hero] tn blacken anybody's, name. It Is an issue* betweerv th« people »I N-w York ami Harry Thaw, and th« j Issue Is to determine whether what this defendant; <ll>l was Justifiable or excusable. T hard triad as honestly as I know how to study. anil reflect upon the evidence before you. Not tho 1 hypothesis or counsel, hut the farts In th!» es\am\ must Kulde you. I believe I can convlnc* you j ■with these fart* that Harry Kendall Thaw's act) was not Justifiable or excusable. With a word «♦ pardon for my somewhat unreliable temper, the} outbursts of which I know have been alt too tr+~ t aneat, let ma endeavor to state in my argmneaal as clearly and logically an I can. step by ■***, the succeedtrg stages of this ca;«e. TETJ^ POSSIBLE VERDICT. ; Tn the first place, an indictment was found by% the grand Jury. Where there is a killing with pre meditation, under our statutes, a man is guilty of murder tn th-> first degree. The dictionary clearly defines murder. There is no mistaking? ■what It means. You may have some difficulty as* to the weeds "deliberation" and "premeditation." but the «*ourt will Instruct you. The possibility off murder in the second decree must also be consid ered. And If without premeditation It is murder In the second degree, and if a killing is done In the heat of passion. It may be manslaughter In tho first decree. A fourth verdict that you might ren der could be based on the fact that the defendant ■was Insane: or you might return a verdict of not guilty, without any question of sanity, which would me. in that in your opinion the killing was Justifiable. I do not believe that you can find that the slaying of Stanford White was JustiSabie. When a man Is sitting quietly at a table with Ms ad resting on his elbow and his other arm extended over an empty chair, looking at a play, and he is shot dead with a weapon pointed at him deliberately, and held so close to his fac* that thai very features of his face are distorted so that hit brother-in-law cannot recognize him. it is not. ea*L of the Mississippi River, to be regarded as an un premeditated murder. Nor can this bo called "dementia Americana." DELMAS-S SMILE FADES. Mr. Jerome drawled out the words "dementi* Americana" with greatest unction. Mr. Deunaa) sir. i led. but as he observed the telling use th* District Attorney made of hia characterization of Thaw's alleged insanity his smite vanished. After once more telling the Jury of the various) verdicts they might return he continued: There are elements of sympathy in this *«•*. Mr. Delmas said you were human. That te tree, of course, and you must have a certain amount of sympathy, but it should not Influence you. MSB)* tion has been maoo here of a mother an-: & v. i;«.