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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, April 20, 1915, Image 1

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Se? Editorial Page, Firat Column.
Nm i0tl(
W?SM To-ri.w un rKOHARiv to
?liKHi.ll. WKNTKKI.V WtMB?
TMterday* Tern pa-rat lire?:
High. "?; laSBV, SB
full Krporl ?n I'ng? *
Fini to Last?the Truth: News - Editorials - Advertisements
I XXV_No. 24,992.
I< oprrlght, un.'..
n> Tl.r Irll'.in. \??,,,'?linn. '
TUESDAY, APRIL 20, 1915.
? *
1)1? 1/ I' /"?Via' /'VV'T In f'lty of ?w V?rh. Nfwarl?. Jir??y f It? anrl Holioli??.
U. S. Supreme Court, in
Divided Opinion, Up?
holds Conviction.
Holmes and Hughes Declare Cir
cumstances of Original Trial
Justified Pl*?a.
r ? Tin 1
e t0 ( in i S -.??reme
Ce-'- to-day Leo M hii
?i?" - 1np
|#??; I ? hn? been waged ever
ijt.fi his . nvietios by a Georgia court
cf r: *y Phagan. a girl in
th? faet?n of which be wn? Superin?
tendent. Fraak's only hope of escap?
ing Ike '?,. ' penalty to-r.ight is clem- ,
WfT b] Governor of Georgia.
Seven of the Supreme Court lustiee-i
B?!d there was no rensor. to grant a
babeas Corpus writ, which would have
i?d the effect of forcing a new trial
for Fra-k. and possibl] I m at
Two of the '?.?ftices held that the cir- .
ex*r.?*Ar.ce* of Prank's original trial
ju't.ff . ' ? I gh court in granting
aim another ?case on life. Tkess were
; ? Holmes and Hughes. Justice
? ?"pinion and Jus?
tice concurred. J a
Holme- g the right of Frank
to an Supremi ?,'ourt last
(tersmber, criticised the mob influence
in tr.f tried Frank, and
? s Frank atter?
ri* l for the habeas corpus
v Justice I.amar had refused to
c: - . review ol the case a few weeks
before, but Justice Holmes's stinging
?aanci '.- ha : put hope into the hearts
of ?'?? is.
:es Hughes
and Holmes in their minority opinion,
"does not become dui
! ... ? |
jury- We are i I mere
mere irregularities in pro
?eatjure. hut o? L case where the proc
Cannot I phm.l I.inch Law.
''To reme case, if the trial
g before the Su?
preme Court had taken place in the
preser.ee of an armed force Known to
be reaJ;. to shoot if the result was not
?cd, we do not suppose that
iirt would allow itself to be si
?in that the rec?
ord ikowed r.o flaw."
The minoritj opinion concluded with
the ital was the duty of
. declare lynch
lie m etised by a
regularly drawn jury as when admin
mob intent
on deal
lestioi in our mind,"
I nority, "is whether a
j -rial took
place * ?if a moi) savagely
and manifestly intent on a single re
I. ? Its face unwarranted ?
1 which may be
e petition
ir'i con.'
? a matter for polite pre
i ? et> in the
face, a hat sat with
juries ? ?if forms
bey &.*. . likely to be impreg?
nated by 1 .* -nosphere.
And wbei the judgment of the
expert whose
busir.e-- .? not only
form bal t ive been that
If one the reason- ,
ter ex
,:t of most
M either pi
r.or c ii from the ,
-. the pre
? jury
i I th?* mob
"Of i i eaking only of
the petition and
? nl. 1'pon
?Hug?*.' ? gravity, in our opin?
ion, it . . .. -a hatevei the
?Otiaior . ir* muy have ,
MS. and :? did not need to set forth
wntrfni ? or matter of
rebut*.. rhy the mo
?or ? new 1 de the
1 the
No Impairment of \utherity.
r 11 n i m -
to Hi ... not think
?. any part of '
immunity '
"may1 . that the supremacy
?' ln?' . ' onstitu
{?or- shoal : ited in a ca 6 like
It n ?? '? hearii g a IT? rent
i to the
n which ,
"??our- should
*?*r'1 '
, t it is OUI
-i ??*' *? ?? ??? and tu do
! valid when
tt-hV"'^1 T'v drawn
"nidrr,!,,:.,,.,,,. by one elected by a
Juiti i? ' ''<'n hv '?
?ot tv' ' '* ,,1',, Vvii1i'K WB>? ;
i pi ieed of any
g?I*aranteed to him by the Four
or laws ?if
be h 3 i* v' *' '? ?'??'? *"' ,h(' <-' ''
eu,!,h ;''''1 ln
lion rl '
.lit to
terv k."- nd into the]
Ur Sr" " of thi mat
FrsBk?, " verrnei.t in
"??ninir i t,0n' but *'' tn<> ,ri;' ,,M'
??*' i nan itive o? ?
tstHlauni ..a v?t*. 3, column 1
Tribune Man in Trenches,
Feels France's New Spirit
Stands Beside Artillery Officer as 1 \c Directs Deadly
"Iron Curtain" from Guns?Sniped at Within
?Thirty Yarda of German Lines. ,
B] < able to 1 he Tribune
In the Field, Northern Prance, April 19. By the exceptional murtr . '
the Minister of War, The New ? v.rk Tribune correspondent has been aatl
uni to vmit several necio? o? the French lighting lines of vital strate e
importance in the operation? now in progress. ! have been allowed, holding
a periscope in my hand, to walk beside infantry Commanders penetrntinc th>'
mi ft advanced trenches to within thirty yards from the German front, now
and then saluted by well-timed bullets from German snipers.
On the following day I wns permitted to climb up and remain like a
sojniirel In an adroitly concealed observation past, s1 the elbow of ?n ertillery
captain, who, in a loiv, subdued voice, communicated through the te.ephone
his order?, with mathematically exact precision of elevatioi i snd direc?
tion, to his chiefs half buried in invisible hole ' '" r,'"r- '"
discharge pi es of fiel ? marvellou?
''?.metre gui ? ?1 one hundred seco ii* word ol
<- command the projectile) would fall with unen ug accuracy upon the
precise point in the i the batter) commander in
the observ?t.on station. By the discharge of at least ? doren projecting this
slmost inconceivable skill of the French artillery whs demonstrated.
Complete I'nity of Action.
Bat what, from a purely technical and military standpoint, is unprece
dented in the art of modern warfare is the complete unity and liRhtninir
like rapidity of thought, conception and execution now established between
the advanced trenches and their artillery supports. This unity can only be
compared to the nerve sy tern of the human body. In fact, the French artillery
and infantry positions may be justly compared to the nerve arrangement of
the human body, because they are so finely branched and interlaced. The
artillery correspond? to the axis cylinders of the nerve system, while the
( ?nttnuetf on page I, column 11
Separation from Wife
News to Him, He Says
?She Vanishes.
?From T a T-' . ? Hurtan ]
Washington, April IP. Publication
of the *tory of the separation of Will?
iam F. McCombs, chairman of the Dem?
ocratic National Committee, and his
than a year and a half has
spurred intimate friends to renewed
efforts to effect a reconciliation. Many
are hopeful that the difference? i
young couple may yet be patched up.
mpti to obtain a paraonal state?
ment from Mrs. McCombi to-daj were
unsuccessful. Although it is known
that -lie was in Washington on Sunday
inquiries at the home of her pal
Colonel and Mrs. John K. Williams',and
st the home of her ligter, Mr?. .Joseph
Leiter, failed to produce any informa?
tion as to her v hereabouts,
At the Leiter placo, in McLean, Va.,
it wa? said that not only wag Mis. Mc
Combs not there, but the Leiters had
also cone away. The mystery that the
family has thrown about the separa?
tion has increased gossip in Washing?
ton social and political circles.
William P. McCombs, chairman of
the Democratic National Committee, in
a formal gtatemenl yesterday said he
did not wish to dignify the report of
hi? domestic troubl?e with a real de?
nial." He wag ri:,,.--t positive in ),
sertion, however, thai he doeg not in?
tend to reeign from the headship of the
national com m ittei
"Any statt men*, of separation <>i an
ed divorce." said the formal
stateni' to me. There ?
is no truth in the report, but 1 do not
wish to dignify it with a real denial."
Mr. M ed to .1. ..-i.
matter further, barring quei
the whereabouts of Mrs. McCombs and
the possibility of her accompanying
him to the coast
"When I returned hero," said Mr.
McCombs, turning the discussion to
politic, "1 f. und a !
my desk to the effect that I am in poor
health and am to resign the chairman?
ship of the naticnal committee, You
can say for me t'.iat I am m excellent
health and not in a resigning mood.
I am not going to reeign."
Mr Mel mi - would not discuss the
origin of 'he reports that he i- to quit
the national committee. Political
-, however, said that the ?
? rted not ''at- from tl
lice of the Secretary of 'he Treasury in
ngton. There has been co
?rable fricl ? n the chairman
and Mr. M I ?!, according to
? Secretary wouul Hie
? Mr. McCombs back in private
Mr. McCombs, on the other hand, is
said to hold 'hat the Pre ident'
in-!aw is making political trouble for
him. He blames Mr. McAdoo f
ting th.- 1'.nto ' I .
ship purchase movement and for cre?
ating friction between the Exei
and Congress that developed in the
i of the last
Washington, April 19. Annoyed at
reports that William F. McCombs would
retire as chairman of the Demo?
National Committee, to be succeeded
by Joseph P. Tumulty, the President's
secretary issued an otVic.nl statement
to-day denying the rumor. It read:
"The story in the morning papers of
Mr. McCombs's resignation and my se
t.,, su.-ci ed him a ? chaii n
the Democrat C National Committee is
;iu.de out of whole cloth a:.,'
..p ?i ?.vh.'.-o purpose
mike trouble aid create discord within
the ranks of the party."
-? ?
Mrs. Roosevelt Out Soon.
Mra. Theodore Roosevelt, who was
operated on 111 Roosevelt Hospital last
week, continued to improve yest.
It was said at the Hospital last ?
that she would be able to return home
?vithin a few days.
Aigrette Dealers Cornered.
Agents of the Stati vation
Commission seised 110,000 worth of
? os in a number of shops in the
..??iy. An investigation <>f
, m going i a
me under the direcl
yn 1
t\.-^ have made a tour of millinery
shops nnd secured evi.i.-r . ?
number oi dealers
?lia- pos*, ssion of aigrettes for sale
|g a misdemeanor punishable by a fine
of $G0 and $25 additionul for each bird.
Sachems Want W.gwat
in Club District at Park
?5th Ave. Tabooed.
Tammany Hall, in its present loc
tion, it doomed. There was not a di
senti'ig voice at the monthly meetii
of the Tammany Society last nig
to the suggestion that a move tn a nt
uptown clubhouse was a political ai
social necessity. A resolution w
unanimously adopted voicing the sen
of the meeting that "a change shou
be made to another location at tl
? opportunity "
Just when and where were left to tl
determination of the sachems wl
constitute a building committee. Tl
general location which seemed to 1
most favored was between Forty-secor
and Fifty-ninth Streets, west of Fifi
Avenue. Thomas F. Smith, s?cr?tai
nf Tammany Hall. sai?l that the prii
of a plot and the building would n<
stand in the way if a satisfactory plai
could be found.
Two plans for a new clubhou.-?- ";
for a corner and the other for the ir
terior of a block, were submitted lr.i
? by Charlei B. Meyers, the arch
who designed the New York Stat
Building at the I'anama-I'aciiic Kx*n
sitien. .Mr. Meyer- is a member of th
Tammany Society.
On the i xterior the plans bear
striking resemblance to the ;
building of the Colony Club, on Mad
-.m Avenue. The plans call for a thrc
st<?r; with mansard roof, o
o? 100 by 58 feet A large publi
foyer, numerous office room - and
inom for the board of governors ar
i the first floor. Lounging
billiard, grill and private dining room
?ne i. ..! floor. The large 'is
sembly r? >m - on the third door.
Mr. Meyers'? plans were not scri
(?uslv considered last night. They pro
vide for a building for the exc
use of th? Tammany organization
? ? was considerable discussion a
tint ? ? whether th?
new hmi-" ?. 'or the exclusivi
use of the lociety, or made self-sus.
tainiriL* by providing offices and a largi
hall which could be rei
Then was a largi attendance at the
ng in the old Fourteenth Streel
v.-ij.-v.ilm. Following the ?-lection of of?
ficers, all (>?' th? old card being re
that Henry W, Ungei
was made a sachem in place of th?
late Julius Harburger, the moving
?tion waa brought up and dis
cussed. among tin ; peakers on the
ect were Judge Wauhope Lynn
George F. Roesch, Charles D. Flem
.. Alfred J. Tally, -John F. Mein
ty re and Gi o? i e W. < llune.
John K. Voorhls, grand sachem
.?Iution that i' wai
the sense of the meeting to move
northward at the earliest opportunity)
and it wai unanimously ad
Charles F. Murphy, s plain sachem,
led ')i mi eting, but did not
.-peak. Mr Murphy is known, how
ever, to be heartily in favor of moving.
'I he matter will lie taken ,i;> ar.
the nexl meeting nt' the sachems on
the third Monday in May, when they
gather to eleel ?? grai d sachem.
Secretary Smith said that several
'iilris for the purchase (if ihe Four?
teenth Street building bad been made
recently. One offer is supposed to have
come fr? n the ' ? olidated Gas Com?
Husband of latter Also Over
conn- Will Probably Die
in Hospital.
Mi and Mrs Frederick Judson re?
turned to their home, at f>7..' East
Twenty-third Street, Brooklyn, at mid?
night last mght to And the house reek?
ing with the smell of gas. Hushing to
on the second fluor,
whore Frederick, jr., their thirteen
i son, lay. they discovered
the baby wai .lead.
Mrs. Judson became hysterical, and
lummoned Patrolman
.. ?.. wh|s
tle. Tl ? tl
Opening the windows, In a real
! '.1; Eleanor Pol?
lock, n he.!. !'er
? P .?h k v. a- taken to
I, Whi re ph) -
l he would probably dis
The cause of the escaping gas COUld
mined at ii ?-: A
ere tur ? I off, and it
was supposed a pipe had broken in the
cellar. Mr Judson is employed by th?|
Hankers T*f-u?t Company, Manhattan.
Attempt to Arrest Angt
After Quarrel Ends
in Revolt.
Cities. Stripped of Garrison
Reinforce His Army, Occi
pied by CarranzistlS.
: 10 r ? i r a '
Kl Pi . I . | i- m . ,
Cl u-lio,l i.\ tin. ' ,: ces of Gl
gon, Pn nci ? < \ ' .
\ ills left !?? ? ? :? . ,, dee
th.> Celaya battlefield, as many r
i.re in hospitals in Anuas ('alientes
Guadalajara and more than 1,000
Confirm?tioi . t in his
desperate bal I ? va ? a - sen
the border t., day !?.. Viila
messages to friendr. From othei
close to Villa it i? l?ame,! that
lowing the de st, the th rd il Cel
Villa quarrelled with General Fe
Angeles, his chief lieutenant, and
Angeles arrested. A cant]
been planned by .Angeles, but \
had refused t" carry ou; thi na?
tions mu,;,
Altor tl.m i i-,,.- defeat den
Angeleg ui braide. Vil .-, ., :? not
lowing his plan. Vil!
arrested Ai ? , .
with a revolt ami rig :
attempting to put il do
t.. have ih< ? ? ,.-' ?
The army quick
tion of ?
This afternoon Villa, with not rr
ihar, h. . . ommand, wai
AffVaS I alientes, 240 miles north
Celaya. To nigh' ft desperate otTor'
reorganize his army ig in progress,
aiivio.s gay, but 'ho nun have lear
tiiat Villa is not invincible, have 1
their fear of him and aro rebel!
openly at going to battle ag
Obn gon am! !.-.- Yaqui Ind
Simultaneous!) ? ? -oat at
? '
erumblj I Villa movement
Mexico. To strengthen hie army
Celaya Villa had drawn upon garr?s
in every portion of his territory u:
m many eitles m aVafasgders wan I
and to-night the Camnsistas ?re
ported to lie occupying a number
plac. s which Villa had wrested fr
Carrania control. On the border pa
in? seised the Villa officials and sy
pathizers. Many >f them .re secre
deserting him, und some are doing
General Obregon, according to C
raii7.i;ta advices to-night, is in cli
pursuit of the Villa force ; and will i
give them a chance to rally. Appi
ently Villa is making for Torre.
which has been fortified in anticip?t!
of a withdrawal from the south.
Villa Power on Wane,
Washington's Belii
Washington, April 1'.'. State I
partaient officials say the latest ne'
the various military operatio
in Mexico indicate that the governme
of Gei eral Csrranxa is gainii .
and that a- il gains th.
strength is with even greater rapidi
diminishing. The latest informatii
which ci.mo from the west coast in.
rated tiiat the Villa movement the
was on the vpi-;'i> of collspge, Army o
Acera are no' so certain, however, th
v conquered, and look for mu<
more fighting bef ' 'ie is se
The State Department whs to-day ii
formed that Alfred !'.. Tappan, tl
American recently tried by court-inn
tial at Progreso and condemned i
.loath for engsging in the manufactui
of bombs for th'' ? would r
given a retrial. Tappan wag tri?
un.1er a new law which provides 11'
.?.?nth penalty. At the ?econd trial tii
older law, providing only ?mprisoi
ment, Will he invoked. The Slate D<
partment e I of this cl-.ant!
by the American vice-eonsul ?t I'r.
a dl ipatch dated April 17.
Secretary Bryan announced the co
ite Department'g pla
t.. get Americans out of Mexico Cit
through a bi-psrtissn arrangement be
tween the Mexican faction? for the ni
of the railway line. To Secretar?, .?>
plain.-.1 that n cent n poi ? - Moin Mon
ico City in.I;.-ato that the crossing e
the destroyed portion of the line wil
present hardship? to., . erioug to b
under taken.
City Can't Got at Money Fra
zee Made in Willard Bout.
IIarr> 11. Prasee, theatrical manage
and financial backer of th,. Willard
Johnson tight, will not have to par
with any of his earning from that en
tciini-o to pa) thi I ' ? ? Mew Voil
taxes on a personal assessment foi
. ,.i for 1918, 1' ra '???? ha , ?won
that m tiiat year he did nf have tl v
amount of p. rsonal property. Kvcn i
he did nu.ko a "kil'ii | " ?-. H It ana, \\
? i in which 'he city ?
?- ti,, fighi wag an sect
? '
Therefore, J'i :.. ? Hendrich, on th<
motion of 'h' Corporation ('"Unse!
d leontina
ing the .- ' i ti:- eitj
against Frasee, t,. collect the 1913 as
,ri thai
Alakers of Beer Attcn
to IW?i Hilly Sunday ii
His Own Line.
Ord<*r for Dry Sabbath Due
fvar of Public Opinion 1)1
reeled Against Traffic.
Billy Sunday may not have to er
here to clear up i h ?? eit) aft,r all.
Men 1 Til' brewer may get there fl
And thi in eu . '. i bo hold a la
percentage of ti i saloonkeepers of
greater city in the hollow of th
hands, can put into operation m<
powerful machinery of distinctly 1
man origin that the Rev. Willi
could organise.
The Nev York brewers, from all
, dirai ions, have seen the writing on I
I wall at li st, and it is for the sake
1 efficiency rather than morals that tl
have allied themselves With tl use
cieties whos? purpose it is to p
petuate law and order. Their deci
that last Sunday must be absolut,
dry is tai.i i as a final proof that th
have decided to co-operate with I
forest m er? rh to clean up the city.
As a few leading brewers hold rh
tel mortgages ?in B6 per cent of I
saloons in New ^ ork City, they c.
trol the great majority of 'he !iqi
l" any saloonkeepor dai
? ders it i- only nee
sary t.. remind bim 'hat the mortgs
?'h' luddenly ton
nata. He takes the hint.
The friendly brewer who offered
pay all b it flOO sf tl e struggll
liquor dealtr's $1.200 license fee, i
cepting in return his bond and a mo
i ii all his tixtur? ,
? same time a strangle hold
the license holder.
it happens that when the hrc
ers say "Remember the coming Sn
bath day to ket-p it dry," the salon
keep? rs ein wring their hands h
mutter deeply, but 'hey eannol .li obi
etter to be dry on Sunday th
evicted OB Monday.
Hut it is for good and soun?! bin
t.ess reasons that New Yorkers a
? d to the unusual spectacle of
veritable reform movement, headed 1
the brewers. The apparent union
, the liquor and reform interest?; h
pot come without a long tight. It h
apparently taken place now. and t!
reason is that the brewers have sei
tint organizations like the Committ
' of Fourteen have been making good.
As the old Haymarket, Sharkey's, tl
' German Village and other nctorioi
resorts were gradually put out of bus
ness.the brewers, who were the powe
behind all of those tottering throne
found they were losing. Slowly th<
Brers forced to yield to an awaken?
. public conscience.
The brewers' logic is comparative
simple. A long and losing tight hi
, proved that some sort of censorship i
' the saloonkeepers has come to sta
If there must be a censorhip, as vo
untary one would work the least han
ship in the end. "Therefore," says tl
brewers, "let us submit to the inevi
! able. We will help our reformin
friends to maintain their censorshi
? over those very saloonkeepers whoi
, we own. If the poor devils kick, w
should agitate ourselves, because, ai
ter all, they can do nothing. Q. B. I'.'
So it is that if the Kev. Williar
i Sunday comes to N'ew York, a delegl
tion oi brewers will no doubt meet hu
at the station and earnestly take cour
lei with him as to how he can bes
help them rid their city of its beset
ting sins.
Another an Atheist, Other 24!
Seniors Christians.
Illy Trlrgrar'. to Tip Trllune.1
, New Haven, April 19. A relimiou
census of the Yale senior class show
that one student admits he is i
heathen and another nn atheist. Ther
i are 82 Episcopalians, H Presbyterians
39 Congregationaliata, 26 Roman ?nth
olies, 19 Baptists, 17 Hebrews, 12 Meth
? odists, ?> Dutch Reformists, t Luth
i rans, -' Reformed Presbyterians and 1
Other titrures show: 1'sers of to
baceo, 167; consumers of alcoholii
drinks, 143; wearers of eyeglasse-, 1^1
glasses before entering col
| lege, 123; engaged to be married, 89;
i at Commons, 220; voters, 88; Re
publicans, 46; Democrats, 24; Fro
4; Prohibitionists, 2; So
cialists, 2; independent 7; student;
who have been abroad, 126; athletes
, 17'.'; engaged in voluntarv religion
work, '?''?>: members of musical clubs
62, and debaters, 29.
By a majority of fourteen the class
is compulsory morning chapel.
Orders Home All Near U. S,
Except Two Salvaging Asama.
Washington. April It. Japan ha?
: ordered all her warships in 1'
r the American coast, except
'hose salvaging the wrecked cruiser
Ray. to return to their
1 home stations, according to sdvicei
1 from 'I
The embassy also received wor?l 'hat
'the cruiser Chit?ise was the only r< >aej
Bpanying the repair ship workin?
i on the Asama.
Takes you to a stream and a boy fishing. You'll enjoy the
trip and make up your mind to find that stream or one like
it the first holiday you can get away from the office.
Thia is just one of the many worth while subjects featured
in the beautiful
With Next Sunday's Tribune
Colonel's Target Bosses,
Not Barnes, His Defence
Colonel Roose?
velt watched
with ceaseless
interest the
selection of
the jurors in
the Barnes li?
bel case yes?
terday. The
snapshot of
Mr. Barnes
was taken as
he left the
After Jurors Are Picked Roos<
velt's Counsel Tells Court A
leged Libellous Statemer
Was Aimed Only at Rotte
State Government, but Me
tion to Dismiss Complaint 1
Promptly Denied.
[K- in a ?Staff rorraapoiMent of Th? TrUiuri?.]
Syracuse, April 19. -The irresistibl
and the immovable ar-j in contac
Theodore Roosevelt and William Harne
met head-on to-day in the matter c
Mr. Barnes's political good name. Th
i test has not yet come, but in the firs
impact Colonel Roosevelt suffered
1 slight and temporary setback.
Tho Colonel's motion to dismiss th
: complaint was denied by Justice Ar
drew?. In making the motion John I
, Bowers made a strategic retreat froi
the position which counsel for III
Harnes had asserted the Roosevel
forces occupied. Colonel Roosevelt'
; statement concerning the rottenness o
state departments and tiie existence o
an Invisible government were not aime
? at William Barnes as William Barnes
but at the bosses, Mr. Bowers d?clar?e
In was a chronological aceii Kit, th
lawyer added, that Murphy and Barne
were behind the target. Had the cal
; to arms been issued by the Colonel a
another time other men would hav,
' been mentioned.
Reading excerpts from the Colonel'
statement of last July on which th,
Barnes libel suit is based, Mr. How
ers declared the article was not libell
1 ous per se, and in the absence of an;
innuendo the case would fail. II.
may renew his motion unless malice ii
shown by the plaintiff, and in anj
event he has prepared the way for at
Dismissal Motion Denied.
"I will deny your motion at this
I time," said Justice Andrews, who has
had before him for several days th?
' brief on ?huh the motion was based
While not pressing the qqeation o?
privilege at this time, Mr. Bowers gg
gerted that it was the inherent right
? of citizens of a republic to voice theil
disapproval of its government If It
' became necessary, he added, he was
prepared to prove the existence of the
invisible government and that it had
existed from the timo Colonel Roose?
velt was Governor.
While the jury was being selected
Mr. Barnes eyed the talesmen as keen?
ly as, if less obviously than, did Colo
; nel Roosevelt. Beneath the gaze of
these men probably two of the most
alert, practical psychologists in the
school o? pol?tica the jury was chosen
| in record time.
In four hours and fifty minutes
twelve good men and true.were found
? to decide an i>sue the co. sequences of
which may be farreaching. Only twen?
ty-two talesmen were examined. Colo
, ne Roosev.lt 's SOUnssI u-.d only four
, of their six challenges. Mr. Baraes'g
lawyers used six.
From the moment the first talesman
was called the ' el,loin
left tho hot?, ?lis face was get and only
t ice chu. .. on. When a
talesman confused ;? i f with de?
fendant and declarad that, beii : ? Re
. publican, the defendant was rather
' more of a favorite with him than the
[ plaint;rf. Colonel Roosevelt bur?t into
I one of his hearty silent laughs.
Again, when William L. Burnum, of
! counsfl for Mr. Barnes, advised a tales
man that the question of : .
(ion ifh with him in
reaching his decision Colonel Roose
, veil nodded a solemn a
Colonel Appears? Subdued.
All in all. it wag a much it :
thouch no less di
appear? 1 ?1 ? Mr.
Barne outdid ' olonal Boo ? veil
Almost side In- side thev sat 'he
man who was i . .
- and who founded a political
. and the man ?ho was a power
in Republican State Dol'ties. For once
Continue.! on pabe I, column t
'& ? --
Copenhagen Reports Assert Part
of Crew Landed There with
Swedish Passports.
fBy Osbtl IS Tas Tr1r?V<>.]
London, April 19.?A Copenhagen dis?
patch to "The Daily Mail" says that
among the passengers on board the
liner Hellig Olav, which arrived there
to-day from Xew York, were some of |
the crew of the Prim Eitel Friedrich.
They were headed by the second officer,
the report says, and were provided with
false passports, which described them
as Swedish subjects on their way to
Germany. These Germans are said to
be bearers of a secret report from the
Eitel'a commander.
When the Fitel was interned at the
Norfolk Navy Yard the captain gave his
pledge that neither he, his officers nor
men would leave Norfolk.
Submarine Raised 12 Feet to j
Ocean Shelf on Way
to Harbor.
Honolulu, April 10.- The T'nited
States submarine F-4, submerged on the
ocean floor outside the harbor since
March 2.">, was raised twelv. feet early
to-day and towed inshore until it rest?
ed on the upward inclining bottom. The
salving crew postponed further work
until the lifting tackle was strength?
The satisfactory work done thus far
in towing the submarine, it is believed,
will make unnecessary the pontoon
methods of raising* the craft.
1 ?iver I.oughmi.n, who became entan
g'ed in the lifting cables ?-'atunlay, is
recovering slowly.
Association Secretary Announces
No More Schedules Will
Be Made.
i Cable ta Tb? I
London, April 19. "There will be no
ation football cup ties or league
matches next season," said F. J. Wall,
secretary of the Football Association,
to-day. This decision was not unex?
pected because a continuous outcry has
has bei I going on since the beginning
of the war that it was scandalous for
the pick of Great Britain's athletes to
play footbail instead of joining the
iteur football practically stopped
when the war began, but tiie proies
lionals, who number nearly five thou
Mr. Wall ? spls . to-day, by
saying: "It was impossible to stop the
it the beginning of this season
SCO trs . hid been signed with
player-, landlor?a and contractors
amounting to three-quarters of a mil?
lion pounds, which had to be fulfilled.
So fresh contracts arill be made, and are
htpe the pia>era will join th^ army."
Biggest Territory Won
Since Fall, Says
Gap Permitted Advance
Into Open Back of the
German Lines.
Fighting Fierce as at Neuve
Chapelle and Bodies Lie
Thick Around Trenches.
[Bj r?M? to Th? T.-1?u.-.f I
London, April 20.?A dispatch to
"The Morning Post" ?ays thai in terri?
tory recovered the latest succe5? of
the British army ?outh of Ypres is the
biggest advance it hag made since
autumn, for it hag advanced five kilo?
metres i over three miles) and ob?
tained a position of the greatest tech?
nical value.
The British have delivered another
telling blow upon German lines be?
tween Kemmel and VVulverghem. The
attack opened Sunday morning, when
the miners sprang a series of minis of
exceptional strength. A part of a hill
was entirely blown away and several
hundred Germans killed. The village
of Kemmel is famous in Flanders for
its mountain, a hill some 500 feet high,
but the only one in the country. There
was sharp fighting here on ta
and fith of this month, when the Ci
mans almost effected a surprise on the
British lines. After temporarily occu?
pying some of the British trer.che*
they were driven back with heavy
Germans Pushed Back.
The most recent phase of the fighting
!s, however, of quite another cha?
Two kilometres were gained at this
point, and with the hill of Kemmel in
British hands an important at.
been taken lb the great task of swing?
ing back the German right. The right?
ing was quite as* fierce as at >euve
Chapelle. The British advance
on to a point where there were no
trenches, and the troops were expoged
to a heavy fire while digging ti.^ni
gelves in.
It was a case of breaking through the
German lines of trenches to a point
considerably behind them. Thi ar?
tillery, following up the work of the
sappers, played havoc with the German
trenches, and, as at Neuve Chapelle, the
British infantry fell upon a foe utter
1> demoralized. The action is Itill in
progress, and the advance has baaa un?
checked. Eight hundred German pi ison?
ers have already come in, and every*
thing points to greater losses for the
Germans than those at N" tuve Ch
The vigilance of the British u
in keeping otf the Gertni n sir scouts
accounts for the fact that '.?
French's troops were enabled to make
their preparations for attack ?vil
any but the scantiest news of their
movements leaking out.
A message to "The liaily Mail" from
Rotterdam says that all day 9
wounded were arriving at Bruges,
it is stated that the Germane aro pre?
paring to evacuate Menin, fourteen
miles loathea'et of Ypres. In the
neighborhood of Ypres and Cominee
the British captured several dominat?
ing positions.
The Germans have completely closed
the Dutch-Belgian frontier to-day. On
previous occasions when these i
ures huve boon taken importan! '
man movements have been in progress.
The British report of their capture
of Hill 60, two miles south of
beke, in Belgium, is met with the Ger?
man official statement that ?
have been driven out of the minor Ger?
man positions which they had occ
to the southeast of Ypres. This is in
the neighborhood of H
The British War Office statement of
the advance east of Ypres IS
"A successful action commencing on
the evening of the 17th culminated
last night in the capture and com?
plete occupation of an 'important point,
known as Hill ?50, which lies about two
miles south of Zillebeke, to the east of
Ypres. This hill dominates the coun?
try to the north and northwest.
"At daybreak on the lMh the enemy
delivered ? heavy counter attack
against this hi!!, but were re?
pulsed with a heavy
vanced in close formal on. and our- ma
gun battery got well into i
Germans Repulsed.
"Desperate efforts were made i
yesterday by the Germans to n
the hill, but they ivei
pulsed u.'h gnat loss. In ftf
the captured position! upon which we
are now consolidated In itrength, hun
dredfl of dead arc lying."
Po laj - Frei bulletin an?
eaptured near Zwartalen, in Belgium,
irdi I in I
tain..! them in l| ral counter
T!i" forward m F n-nch
in the i ? in their
"Oui ??" . earried oui on both
- ..f the Faehi Biver, resulted in a
? r advance by forcing the enemy
tcunte precipitately Ks. Ibrucke,
above Me.zeral, where he ?band.
large amount of material."
The earlier report from the French
War i rfficg -avs:
?'We have gained possession of tho
summit of Burgkorpfeld, to the south?
west of Schilleckerws ?
rectly commands the valley *>ti the
south bank, in the -
rieth. we have made ? tress.
our tro.ip-- marching fror:
to the north, r ?
and Met.-.il
?.tar Ii ?
made .
porthernmoel he.ghi of which m
1 mands the course of tl fr^nt
of Burgkorpfeld.
"In the course of this a."i.m we cap
I tilled g dit Ision of ir. lUntail a- '
, two cannon of T4 lUitlUhctrou calibre
and two machine gui.a."

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