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•"2->- ! . at a given and preconcerted signal, each I has dropped quietly into place with, mili tary precision. ...• ■"** " * „ " ( 11, is apparent that there ;is , a big con flict of opinion in the Hamilton jury and from the almost savage expression on . their faces at noon, their, arguments may, at limes, , have * reached the heated stage. All kinds of Tumors were ' afloat as $to ■ how the jury has stood on ■ different bal lots taken, but nothing authentic. could be learned. A Nine to Three Report. ,It was said that ' the jury , at one time stood nine to three for acquittal and it was again reported that .the odds ' were < the same for conviction. Hamilton entertained a steady stream of callers to-day, only his friends and ac quaintances being admitted. The crowd . continued to increase this afternoon. Most of the telephone inquiries received at the sheriff's office were from women, who invariably expressed deep solicitude as to what the verdict would be. Day's relatives were in. the corridors. Deputy Budd was called into the jury room -just before 3 o'clock. 'He later re ported to Judge Brooks. It was said on good authority that he carried a message of disagreement. > Attorneys Penney and McMillan were anxious callers. Penney'* Opinion. ■ - / : ."It looks like a disagreement," said Mr. Penney. The Jury has a. transcript of the evidence but mo copy of Judge Brooks' .charge,' as reported. ' IP FOR PERJURY Had* Mcl sea Will Have to Answer to the Grand Jury. Mad* Nielsen, the hackdriver, who tes tified to having, in December, 1890, seen. L»ay with a large knife resembling the gory exhibit, is to be called to book by the £ tape's attorneys. Al J. Smith, first assistant county at torney, said to-day that the grand jury, which, convenes to-morrow, would be asked to consider a charge of perjury to be pre ferred against Neilsen. The state put Attorney John B. At-> water on the stand to prove that at the time to which Nielsen referred Day had for many months been in Europe. On the strength of what Mr. Atwater •aid it is charged that Nielsen deliberate ly perjured himself. THE JIUUETS CHARGE A' Terr Fair and Exhaustive Pre sentation at the Case. Immediately upon the conclusion of Prank M. Nye's address to the jury In behalf of Hamilton yesterday - afternoon, Judge Brooks delivered his charge .to the Jury. The charge, which took forty-five minutes in delivering, was a most elab - orate * and comprehensive one, covering - every phase of the law and the evidence. The charge was, in part, as follows: After referring to the circumstances of the indictment, the charge proceeds: - Under the statutes of this state there are three degrees of murder and two degrees of manslaughter. And it is the law that under an Indictment charging murder in* the first degree, the defendant may, when warranted by the facts proven, be convicted of any one of the three degrees of murder or of either of the two degrees of manslaughter. , You are not required, should they find the defendant guilty, to convict him of the crime of mur der in the first degree. You may, under the evidence and under this indictment, find him guilty of one of the lesser degrees of felonious homicide— which 1 shall hereafter .call your attention. VV J '. ''.»'.') Duties of Juror* Explained. The duties of Jurors were then dwelt upon, the court explaining that while it is the duty of the court to declare the law, and its privilege also to present the facts, "the jury are the Judges, and the sole and exclusive judges, of all questions of fact in the case." The charge then takes an elaborate view of the question of doubt, in which the at tention of the jurors is directed to the presumption of innocence which must al ways apply. Coming down to the im portant question of what constitutes a "reasonable doubt." the charge says: What Is Reasonable Doubt. A reasonable doubt is not a mere possible doubt; for anything relating to human af fairs and depending on moral evidence is open to some possible or imaginary doubt. Absolute certainty 1s not required, but a reasonable certainty^ such a certainty as sat isfies your reason and judgment so that you. feel bound to act conscientiously upon it. It is an application of this doctrine of rea sonable doubt to which I have called your attention, and is the law, that when it ap pears that «- defendant has committed a pub lic offense and there is reasonable ground of doubt as to which of two or more degrees of the crime he is guilty, he can be convicted of the lowest of these degrees only. Another application of this rule respecting the de gree of proof essential to warrant a convic tion is this: If. after a consideration of the entire testimony in the case, the Jury are unable to determine whether the defendant -or another person is the guilty party, then the jury should consider the case precisely the same as though it were proven that somo person other than the defendant committed the alleged offense. It follows that if, after a fair and full consideration of all the evi dence, you entertain a reasonable doubt whether the defendant or some other person killed the deceased, then you must acquit this defendant. In every prosecution of this nature, the charge resolves itself into two, principal ques tions: First, whether the party alleged to have been murdered came to his death by an act of violence Inflicted by any person; sec- STRENGTH TESTS. A Record After Using Different Foods. J. Henry Myers of Otsego, Mich., a traveling representative of a certain med ical missionary association, made some strength tests with different foods, with the following result. He says: "In 1897 1 became officially connected with an in stitution manufacturing a large line of health foods. '•My desire was to add strength. I was in good health, and faithfully lived, al most entirely, for nearly two years, on their foods, and believed in them thor oughly. In January, '98, my strength test showed 5,700 pounds; in January, '99, by the same machine, my strength test wa« only 4,560 pounds, a heavy fall ing off, notwithstanding I had not been ■ick, but had faithfully and religiously used the foods I so fully believed in and had beea hired to lecture for and ad vocate. "For a month after that test, I was uncertain what to do. I felt weak, and what I wanted was strength, so in Feb .ruary of that year I quit ail other health foods and began using Grape-Nuts alone. My weight now has increased from 130 to 143 pounds: my strength has increased from 4,560 pounds to 5.&40, and I am now 1,609 pounds stronger, by actual test, than the average man. My eyesight is clearer, my mind more active and stronger, and I can endure more labor, physical and men tal, than ever before. "I do not know any person interested in the Po«tum Cereal Co., Ltd., and this letter is not written with any motive, except to bring honest facts to the at tention of persons desiring to live well and live rationally. I have the charts filled out by the physicians at the Insti tution making the health foods.that failed in my case, and these facts cannot be disputed by any one. I will make oath that they are absolutely correct." Mr. Myers' letter gives the name in full of the concern making the so-called health foods, which failed in his case, but this name is not given to the public. It is not the purpose of the manufactur ers of Grape-Nuts to build their business by depreciating the efforts of any com petitor. This experience Is printed as sen illustration of the indisputable fact that Grape-Nuts food is a true, hoaest, and remarkable rebuilder of the human body. ond. whether the act causing the death was committed by tbe accused. Each of these quotiUo&s must b« established independently of the other. Sketches of the Testimony, Rapidly and in a most comprehensive manner, the court proceeds to sketch the testimony of the trial, showing the feel ing existing between the two men, the events leading up to the murder. The interference of George, the fight between Evans and Force, the injuries received by George and the stream of blood, are all hurriedly but clearly stated. No witness has testified that he saw a knlf« in the hands of the defendant, but after the tragedy a bloody knife was picked up from the floor at the sid« of the dead body. It is claimed by the state that the de fendant had an opportunity to place It there before it was picked up. This knife is in evidence in this case, and It is claimed on behalf of the prosecution that It is the in strument with which the defendant inflicted the fatal wound. No witness has testified that be ever saw this kuife prior to the homicide, either in the hands of th« defendant or in the hands of any other person. Witnesses have under taken to testify that they saw a knife In Day's possession at a previous time, but they do not identify this knife as being the one v. hich they saw. The contention of the state, that George was wounded while trying to separate the combatants, is then taken up, and the state's argument that presumably Day did not have the knife in his hand, is submitted. Attention is also called to the alleged confessions or admissions of Rooney and Hill, and their credibility, and the weight that should be attached to them. The claims of the defense are then offered with equal fullness and fairness. The testimony of Hamilton, who denies that he committed the crime, the tes timony of Dr. Murray, of Francis and others is briefly indicated. Evans' presence at the time of the tragedy, and the statements of the de fense rgardlng him are indicated. The charge also calls attention to the mass of expert testimony offered by both sides regarding the fatal blow, the manner in which it was delivered, and its direction. After mentioning that many important details of the testimony might have been over-looked in his hasty summary, the court directs the Jurors to their duties after deliberating upon the law and the evidence. The first Question in this branch of the case, -which you will consider when you re tire, will be this: Is the evidence sufficient to satisfy you beyond a reasonable doubt that the defendant killed the deceased? If it U not, then you need not consider the case any further, but will return a verdict of not guilty. If you are satisfied beyond a reason able doubt that the defendant and no other person did inflict the fatal wound found upon the body of the deceased, then there will be other questions for the jury to determine, as, in that event, it will be for the jury to say what verdict among several should be ren dered la this case. As to Hamilton's Bruises. As I have said, it is claimed by the defend ant that before Day was lulled he was him aelf struck a severe blow in the head and face. He does not testify that this blow was struck by Day, nor does he testify that he used a knife or killed Day because of any apprehension of injury arising from such blows. He admits that he.was, when he was struck, much intoxicated, as he expresses it, very drunk; so much so that he is unable to remember with exactness jiwt what occurred at the billiard-room before he received the blow. But he testifies that thereafter and until after the homicide everything was to him a blank and that he has no recollection respecting anything that occurred during •that time. He does not in express terms cay that the blow produced unconsciousness or loss of mind during this period, and no one has undertaken to say that euch a blow would produce mental incapacity while leav ing the physical powers unimpaired. But from this it is suggested in the defend ant's behalf that even though the defendant killed the deceased his mind at the time was so damaged as a result of thia blow that he did not know what he was doing. The jury will readily perceive that a defense of this character should be received with caution and scrutinized with care. It is a defense that might readily and easily be resorted to In many homicide cases, and when it rests wholly upon the unsupported statement of the accused, the jury should carefully con sider whether from such a cause mental in capacity would be likely to ensue so great as to deprive the defendant of the power to real lie what he was doing and at the same time leave him in the possession of his physical powers to the extent that he could flght and kill another in the manner In which it was claimed that the deceased was killed. And again, the jury should consider whether or not the defendant if for a time, as he claims, without any realizing sense of what he was doing, was not in that condition as a result of intoxication coupled with anger or passion induced by a combat in which he voluntarily engaged. If so, as will be more fully ehown to you, his condition would not exempt him from responsibility for this homicide in cas* he killed the deceased. The Claim of Premeditation. It is claimed by the state that the de fendant armed or provided himself with this knife which has been introduced in evidence in this case in advance of the fatal encounter with the purpose of using it-should he be come engaged in combat with Day. It baeea this claim upon the character of the knife, and also upon the evidence already mentioned tending to show that Hamilton stabbed Day with the knife and subsequently left it at the side of the dead party. The defendant, as already stated.denies that he had the knife at all, and if in fact he did not he, of course, cannot be convicted in this case, because it is only upon the theory that he had the knife and inflicted with it this fatal wound that the state asks or can ask for a conviction. But if in fact the defendant did arm him self or provide himself in advance with this knife with the intent or purpose of using it upon Day's person, and did so before the defendant was struck, then the fact, if it be a fact, that he received a blow which tem porarily deprived him of the power of con scious action would not constitute a defense to this action. 'As I say, if the defendant never had this knife in his hand then he did not kill Day and your verdict must be not guilty. If on the contrary he armed himself with the knife for the purpose claimed by the state before he received the blow which as he claims, rendered him mentally uncon scious, then he is responsible for what he did with the knife, even though at the time he used it he did not know what be was doing, or did not know that his act was wrong. The charge expressly adds that a men cannot "arm himself with a knife with the intention of feloniously using It upon another, and then after using It escape responsibility by the claim that when it was used he was for some reason an conscfous of the fact." A» to the Verdict. The verdict that the Jury may find is then pointed out with great clearness, whether murder in the first degree or second degree, manslaughter or acquittal. The court expressly says that upon no theory of the case could a verdict of mur der in the third degree be received in the case. Manslaughter, and what constitutes it, is explained, the fact being prominent ly stated that it is conceded by all that Hamilton was intoxicated at the time of the killing of Day, and that "defendant claims he was intoxicated to that extent that he was incapable of forming a design to kill." If he did not have such intent then he was not guilty of the crime of murder. But, without such intent, he might be guilty of manslaughter in the first degree, which, as I have said, may be committed by one who has no design to effect the death of the per son killed. And in determining whether or not the accused had an intent to kill Leon ard Day and whether or not there existed in his mind a premeditated design to cause the death of the deceased, the jury may take into consideration the fact that the accused was intoxicated at the time. Intoxication as a. Defense. In this connection the court charges you that drunkenness is a matter of defense; and the burden rests upon fhe defendant to es tablish- its existence by a fair preponderance of all the evidence in the case, upoa every issue of fact in this case, except only the de fendant's mental condition so far as it was induced by Intoxication or the blow which he received, the burden reets uoon the. state to establish its truth to the satisfaction of this jury beyond a reasonable doubt But upon this issue of drunkenness or intoxication the burden shift* and the burden of proof rests THE MINNEAPOLIS JOURNAL. upon the defendant to establish the ft tent of his Intoxication, by a fatr preponderance of the testimony. If the defendant has Id fact in this case established by a preponder ance of the evidence his claim that he was drunk when the killing occurred, and if for that reason he was incapable of or did not 'orm or entertain an actual design to kill, then the- jury will not flod the defendant guilty of murder, but will. In that event, if they return a verdict of guilty, find the de fendant guilty of manslaughter in the first degree. After stating that one may commit the crime of manslaughter In the first degree without any design or Intent to kill, the charge takes up the threats made by Day regarding Hamilton. Threats Made by Day. Of course the jury will understand that if It were proven conclusively that the de ceased made threats, or that he was intoxi cated at \he time be was killed, or that his habits and conduct theretofore bad not been commendable. 6uch facts would conatitute no defense to this charge. In the eyes of the law it is as great a crime to murder a bad man as a sober man; and threats of one against the other, even If known to the lat ter, are immaterial, provided it be proven that the latter killed the- former without justification or excuse, and provided the cir cumstances of the killing are established with sufficient clearness and certainty. It is be cause in this case the evidence ia not clear and certain with respect to the exact circum stances surrounding this homicide that evi dence of these facts, which would otherwise be immaterial, have been received. • Admission of Confession. If the jury believe from th* evidence that the defendant made these confessions, as claimed by the state, then you consider such confessions as you would any other testi mony, give them such force and weight as in your opinion they are entitled to receive in view of all the circumstances of the case as disclosed by the testimony which you have heard. The credit and weight to be given to confes sions depends very much upon what the facts are. If the crime itself, as charged, is proved by other testimony, and it is also proved that the defendant was so situated that he had an opportunity to commit the crime, and his confessions are consistent with such proof and corroborative of it, and the witness who swears to the confessions is ap parently honest and truthful, then confes sions so made may be entitled to great weight with the jury. In this case there is evidence tending to show that the defendant did have an oppor tunity to commit this crime. The charge then proceeds with an ex amination of the statements of the doctors who disagreed, "but this testimony is not to be ignored," says the court. "It is to be given such weight, and such weight only, as it is entitled to receive." Hamilton's own testimony, too, the court holds, must be considered in the sairaj way, despite the fact that he is an interested party. This is followed by a learned exposition touching the value of testimony. The weight of a witness' testimony depends upon two factors: First, his disposition to tell the truth; second, his ability to do so. There is evidence tending to show that cer tain witnesses who have given their testi mony concerning the transactions of the night in question were at the time more or less intoxicated. This fact is entitled to its due weight in any bearing it may have upon the ability of the witness to understand and remember what occurred at the time. Final Instructions. Now, gentlemen of the jury, it is unneces sary for me to say that you havo a grave duty to perform in this case. It is unneces sary for me to say that you must perform that duty fearlessly. If you find beyond a reasonable doubt that this defendant is guilty of any crime of which under the evidence and these instructions he should be convicted in this case, then return a verdict to that effect, regardless of any consequences that may ensue to him. If, on the contrary, you entertain a reasonable doubt as it has been defined to you, whether or not this defendant is guilty of any such offense, then, regard less of all else, return a verdict of not guilty. This case, of course. Is to be determined upon the evidence and the law as you have heard it here in court, and not upon the elo quence of counsel or upon any statements made by them not warranted by the testir mony which has bene offered. We are not, in this case, trying the general character of the deceased. The question, and the sole ques money which has been offered. We are not, in ty of the crime charged in this indictment, or of any lesser offense of which he can be convicted thereunder. The cause has been tried upon each side with unusual fairness and with unusual ability. You have had the benefit of the most thorough and exhaustive arguments concerning the facts. I have en deavored to state to you tfce law of the case so plainly that you may easily and clearly apply it to the facts as you find them to be. Base your decision upon the testimony a« you have heard it here in court; be governed by the rules of law as they have been stated to you, and return such a verdict as your consciences approve; and you will then have done your full duty in this case. FIGHT TRDST WITH BEETS BIG SUGAR PLANT IN INDIANA Chicago Company With a Capital of 91,000,000 Buys 10,000 Acres. Chicago, Feb. 19.—The Post tp-day says that Chicago capitalists have organized a $1,000,000 corporation, known as the Central Sugar company, to compete with the American company in the home sup ply. Contracts have been closed for a beet sugar factory at Shelby, Ind. Ten thousand acres have been purchased and the factory will be in operation for this year's crop. It will cut 600 tons of beets, and produce, it is estimated, 150,000 pounds of sugar' daily, employing from 200 to 300 men. FORCE A MINE STRIKE OPERATORS .IGNORE .. THE UNION Probable Action on President Mitch . ell's Call fora Conference :; --.. — on Wage Scale. .. ' ■ New York, Feb. 19.—Officials of the an thracite coal roads expressed very little concern over the call Issued fey President Mitchell of the United Mine Workers' as sociation for a conference between oper ators and representatives of the miners, early in March, to decide the wage sched ule for the year beginning April 1, says the Herald. It is no secret among the coal roads that the 10 per cent advance exacted by President Mitchell from the coal compa nies was granted as a matter of political expediency during the heat of the national campaign, and the disposition ia to ig nore the call for a conference. They hope to restore the condition existing before the atrike, when organized labor in the mining district had no recognized status. The railway men think it not unlikely that a strike will follow their determina tion to ignore President Mitchell, if that course be determined upon. MURDERER IS KILLED Shot by His Daughter -While He Is Choking His ' Wife. JT«m York Sun Special Servie*' : . Fort Wayne, . Ind.,, Feb. 19.—Isaac Slater was shot and: fatally wounded by his J 15 --year-old ; daughter, while '.■ he was choking his wife to death. - . EDWARD GOES SATURDAY King Will Visit Hit Sister, the Dow- sgrr Empress. London, Feb. 10.—King Edward will start Saturday evening for Germany on board the royal yacht Victoria and Albert to visit his sister, the dowager empress Frederick. His stay in Germany will probably be very brief. To Prevent the Grin Laxative Bromo-Quinine removes th» cauts. GOBI WILL YIELD Secretary of War Root Gets Very Encouraging Advices. HITCH OVER NAVAL STATIONS Definite Xena la Expected In a Few, Day*—Cuban Committee ' < Will Come. > *•» York Sun Soccfal Serv/oe. } Washington, Feb. 19.—The ; secretary of war is receiving encouraging advices from <-üba. it looks as If the convention would, comply W | tn : -the' . suggestions made trough General ; Wood : and .include ■in the °nstHution . an article practically estab lishing a j protectorate \by the United States over the republic of Cuba, and giv ing this government the'right to inter vene, to protect the peace, the credit and me -. commercial interests of the * Cubans' ail? t0 supervise their foreign affairs. ' VI her*! is •no : doubt a determined ■ opposi- ?a ° the" demand for naval stations sin Cuban waters, but it .will be insisted upon. The ; navy f department wants : four, two on the north coast and two on the south cast of :" the island, ~ but -will be satisfied with two. > ■ .:. .. ■ The president expects definite * news within .a few. days, for the convention pians . to complete . the constitution this week. It isj expected that a committee of Cubans will bring the constitution to Washington and have a conference with tne president and the secretary of war NEED OF MISSIONS Taft Commission Makes an Appeal for Missionaries. DEMAND FOR CATHOLIC PRIESTS But the Diocese Is Under the Direct Control of Rome—Other Mmw York Sun 3/j*Btaf Bmrvlom /.Washington.: Feb. 19.-Th«r e ils a \ loud can for missionaries ;of £■ all denomina tions in the Philippine islands. :. The re ru.sai of the government to force the friars of the religious orders upon the people against their will has left many parishes f without pastors, and ■ the Taft commission expresses an earnest i desire for the Catholic autnorities ?in the United States to send-over intelligent and pro gressive young priests. 7 Bit the Philippine diocese is ' under the; direct jurisdiction of Rome ' ,and Cardinal Gib bons has no. right to Intervene. i:r ?[. ,' '■"<' Bishop Graves of the Episcopal : church also makes an appeal for assistance. ,' He says: >i\ ■, ■ ;■ ■ . - . ... . v ; - •'The Filipinos are turning not only against the friars, but against the Roman church, and we are leaving them to go to the American Methodists, or turn away from religion altogether." The Presbyterians have a small number of missionaries at work, but complain of a lack of money. The Methodists have the largest number of missionaries in the field. A MAN RESTORES QUIET About SOU . Delegates Are Attending ; the Annual Session in . ' Wanning tou. Z& KmwYmek Sam Jfgtmotmi. Stfvlam. '■'• •' . Washington, Feb. —In opening the D. A. •R. . congress - Mrs. Daniel '.Manning, president general, rapped gently with ■ a beribboned gavel : and the • hum *of voices of 800 delegates ceased. ; ■ ' . • The, address of the president general consumed one hour and Mrs. Frank T. Kinney, state regent for Connecticut, re sponded with a speech lasting half an hour. After these exercises the president general bad some difficulty in maintaining order among the delegates and she was frequently obliged to wield the gavel vigorously. "Can we have silence for a few minutes? Just for a few minutes. Can I have the attention of this noble body of women?" she demanded several times. At this point Harry H. Smith, former journal clerk of the house of representa tives, as the parliamentarian of the con gress, came upon the platform - and his presence had a quieting effect. SWEDISH LUTHERANS lelesratem Gather at Stillwater for the Annual Conference. Special to The Journal. Stillwater, Minn., Feb. 19.—Delegates to the Minnesota conference of the Swedish Lutheran church began to aTrive early this morning and large numbers are here, probably two-thirds of all expected.. A pastoral conference and discussion of business affairs were features this fore- noon, although the conference proper does not open until this evening. Rev. J. S. Reding of Nelson gave a talk this wenoon on the "Importance of Prayer." This afternoon Rev. E. J. Werner of West Virginia is speaking upon "The Shortcomings of Preaching and the Remedy." A discussion will follow and the session will hold until 5 p. m. The conference sermon thi3 evening will be delivered by the president. Rev. P. Sjoblom. Rev. Messrs. J. A. Kxantz and A. F. Elmquist, both of Duluth, will as- Bist the venerable president in the service. The first business session will be held •to-morrow forenoon, when officers will be elected, reports made and other work dis patched. In addition to the regular services to morrow evening the Swedish Lutheran church there will be preaching in the Nor wegian Lutheran church by Rev. J. H. Randahl of Sven, Minn. Services will also be held at South Stillwater. It is rumored that T. U. Alexander, dep uty warden at the prison, will be succeed ed by Frank H. Whittier, now state agent. The names of others are connected with this office and report has it there will be a shaking up of the prison force. Mrs. William H. Bean entertained the members of the Young Married Ladies'. Euchre club this afternoon. WANTED IN TWO STATES. Special to The Journal. Sioux City, lowa, Feb. 19.— W. E, Par malee, already a fugitive ia lowa, is wanted in South Dakota and is hiding in Nebraska, his latest misdeeds being the brutal assault made upon Merrick S. Gar lock of this city.' Parmalee lay in wait for Oarlock in a lonely place, pounced upon him in the dark, dragged him from his wagon and proceeded to pound him with brass knuckles until Garlock's face and head were a mass of sores. It is thought he will recover, but at first the injuries appeared serious. Parmalee's home is at a point where three states join, near North Riverside, a suburb of this city. LONGSTAFF AND DAVIS RECOVERING. Special to The Journal. Huron, S. D., Feb. 19.—John Longstaff, proprietor of the Huronite, who has been confined to his room by sickness for the past three weeks, is slowly recovering. —Representative Davis is recovering, but it is not likely he will be able to again take up his duties at Pierre. He is with his son. Alderman W. S. Davis, in this city, and will be removed to his home in Milford township as soon as possible.— The city was full of legislators and mem bers of the 'third house," Monday, on their return to Pierre, having spent Sun day at home. To Core m. Cold la One Oar Take < Laxative '■ Bromo ; Quinine Tablet*. . All druggists refund the money If it fails to cur*. E. W. Grove's signature is on each *>ox. 250.. HANG THE JOINTISTS Winfield Raiders' Threat if They Resist To-morrow's Crusade. WON'T STAND "MONKEY SHINES" Saloon War In the Kaiiaua Town 1* I Developing. Into Anarchy— Mm. Nation. Mmw York Sun Snoctal Smrvlom "' Wichita. \ Kan., Feb. 19.—The situation at-vv infield is growing worse as concerns 1 the salooniats ; and I the - temperancev ele-! ment. /Mayor Albright called the "city i council in session to discuss removing! Join-tUts -by force, but as a majority . of aldermen are rin sympathy with the sa loons, nothing was done ■ to improve con ditions. ........ :',>''\f"iy\. ,> " Several saloons opened by the back door route, but they claimed to sell nonintoxi-' eating drinks.]•,■*■ The *. vigilance committee has now. secured over 600 members and its Jurisdiction takes in the whole of Cowley county. The • Winfteld. ministers have ' re-; ceived many threatening letters from" sa- j loonists. Several shots were fired at Rev.! Mr. Beet late <asi he was' returning, home from services.-;....' '•.'•■ .. ( . ;»: Owners ,of Joint , buildings have been notified to have the doors unlocked to morrow or .they would be smashed. The notice " was ;' printed on red , paper sur rounded ; by ? skulls and crossbones. ' ,: .' ; We are tired "of Joints here; we have been ! .patient, but we now.mean' business. You had better get, ready, and leave. ; The c - Brat one , who starts trouble Wednesday will be hanged. ' We won't stand any monkey shines. . Tako \ this as our last warning. , ' ; •■'Similar I warning:, notices from -Joint keepers to ministers have been received. j 3IRS. XATOIN IN JAIL She Is Held Under Peace Bond* for Destroying Pioperty. Topeka, Kan., Feb. 19.—Mrs. Nation in the city court yesterday was tried for de stroying property, but the decision was .withheld until Thursday. Judge Hezen of j the district court passed upon a peace war rant sworn out by the owner of a cold storage plant which she tried to wreck. She acted as her own attorney. Mrs. Na-, tion's bond to keep the peace was fixed at $2,000, which she was unable to give, and she was sent to jail. None of her follow ers care to sign a peace pond, for they realize that she would not keep the peace. She may "remain in the county jail indef initely. Judge Hazen placed Cal McDonald, Mrs. Rose Crissr end Miss Madeline Southard under peace bonds. The judge delivered a scathing address to the three Nation lieu tenants. He expressed the opinion that Mrs. Nation is insane, and said those per sons who encourage her methods of reform ought to be ashamed of themselves. SALOON TO STAY Wichita. Minister Says Regulation Is tbe Best Solution. Wichita, Kan., Feb. 19.—A meeting of the Ministerial association of Wichita has rdesolved to call a mass meeting Sunday afternoon to insist upon the closing of the "joints." Rev. J. D. Ritohey of the Episcopal church, president of the association, did not attend tie meeting. He is quoted in an interview as opposed to prohibition, that the saloon is so deeply grounded in American life that it is a part of our social system, and that regulation is the best that can be done with the saloon problem. Milwaukee W. C. T. I. Approves. Milwaukee, Feb. 19.—The City Federation of Women's Christian Temperance Unions in Milwaukee has passed the following resolu tions: "Inasmuch as God, who turneth the ways of the wicked upside down, hath raised up Mrs. Nation to inaugurate a new crusade against saloons in prohibition Kansas, there fore, "Resolved, That we, the members of the W. C. T. U. of Milwaukee, Wis., believe that this movement will result in great good all over our land by creating true temperance sentiment and arousing the interests of the public, leading ultimately to the enactment and enforcement of prohibition laws through out this country." Insane on Mrs. Nation. New York, Feb. 19.—Herman Procknow, a Waldorf-Astoria waiter, wrecked Edward O'Brien's saloon, 621 Third avenue, in true Carrie Nation style, and he is in jail charged with malicious mischief. The mirrors and the ornamental glassware were broken, the piano was smashed, tables were tipped over and the plate glass front was smashed to slivers. Procknow, instead of a hatchet, used cuspidors. Mrs. Procknow says her husband is insane on the subject of Mrs. Nation's crusade and has talked of nothing else since the famous Kansan woman's exploits have been made public. NO LADIES ON THE STAGE Society Actress Says Stage People , Are Not in Her Claaa. Nate York Sun Special Strvic* New York, Feb. 19.—The statement made by Mrs. Constance Drexel Biddle, the society woman, who has begun her career as a vaudeville actress at a Phila delphia theater, that there are no ladies or gentlemen on the stage, has aroused a storm of protest. Mrs. Biddle said: I did not Intend to imply there were no exceptions, but the very large majority of those you come in contact with are not ao by birth or breding. This class has never had the advantage of association with the best people; the major ity, has sprung from a stratum in life where the customs, manners and deportment of people of position are unknown. It is their misfortune, perhaps may not be their fault. Mrs. Biddle will marry Fernando Yznaga as soon as her husband secures a divorce he is now seeking. PEYTON NOT HIS NAME Man W'hu Confessed to Robion'i Murder »1 Frel Muck. Special to The.Journal. Sioux City, lowa, Feb. 19. —Frank H. Peyton, brought here on his confession to the murder of John E. Robson In 1890, which he later repudiated, was taken back to St. Louis to face ten charges of larceny and burglary, which he sought to escape by his confession. The habeas corpus proceedings which he brought were dis missed and at noon to-day he started. Ironed hand and foot, in charge of a po lice sergeant of St. Louis. When notified to prepare to leave the jail he refused to dress and was carried from his cell and forcibly dressed by the officers. He be came frantic and talked of using a gun. He has returned to the use of dope and at the time of his arrest was crazy with co caine. The revelation was made to-day that Peyton's real name is Fred Muck. A brother turned up here who had not seen him for fourteen years who recognized him at once. At one time Peyton worked here as a plumber, which accounts for the accuracy with which he described locali ties here when he made his bogus con fession. His parents live in Worthington, Minn., which was his boyhood home. FOUR FIREMEN KILLED. New Haven, Conn., Feb. 19.—Four fire men were killed in a fire in the Judaon Packing house at 1:30 this morning. They were Captain Joseph Condren, Frank Wil liams, William Reilly and Frederick Hale. The firemen were inside the building, handling a hose, when a three-story brick wall tumbled over on them. Two fire men were injured. The loss is $50,000. DEATH OF AN OLD "SALT." Special to The Journal. Fayette, lowa, Feb. 19.—"Cap." King man, for twenty-five years clerk in the Fayette house, died yesterday. He was an old sea captain and had seen every large port on the globe. Piles Cured Without the Knife. Itching, Blind.BleediEg or Protruding Pile*. Your :; druggist. will * refund •, your J money if PAZO OINTMENT falls to cure you. \ 60 eta. TUESDAY EVENING, FEBRUARY 19, 1991. SfotftfAi&rilrwS^ - ' WMMjr^^MWW , ' m ■■ i ,iMii 3 ._ ftj^S y jtSmO^^^^^^t m |^^|^—' v•« ■ ■ 7^hß< V »ts3 llli\ Av\. \\f >?^ *^™3i^ 4mPv ■ 11* i 1 \ 4^bl2 _c3?j -w^E^ f'i w* »^ * '\w i vtll il i tßs^w ■ " O, if my mother were only alive." *,'.-: How frequently young mothers use this expression All through her life she has known a mother's watchful v care. • - - ■ •'/' •■ ■ :. } : ■ ' : --s'.v ; She is now a mother herself and gains in strength but slowly. . .]' Vl' .!■'■",; /' . *:]"':■ •---■- ■v:;.-'^-'. ■"--.::..: :..-. : . r She would give worlds to do everything for her precious babe, but cannot. v' J 'I | That tiny babe has unfolded in the young mother's heart I new emotions; she has a living responsibility, and requires strength to enable her to perform a loving duty. At such a time too much oare cannot be taken, and the greatest assistant that nature can have is Lydia E.. Pinkham's Vegetable Compound. . The birth of the first child is an especially trying expe rience and nature needs all the help it can get. A happy, healthy young mother is a delight to herself and all who ■ know her, and Mrs. Pinkham's medicine will build her up as nothing else can. .>; ]" _ -, Read Mrs/ Johnson's Letter for Proof. k ■ j*. "1 ' " Dear Mrs. Pinkham:—For some time I hare flga thought of writing to you to let you know of the ■ dttggssk I great benefit I have received from the use of _jt§& Lydia E. Pinkham's Vegetable Compound. Soon .^Srejjagßjßjßafc after the birth of my first child I commenced to ff^'^^^MMwiw have trouble. Every month I grew worse, and at w ' W last became so bad that 1 found I was gradually s*fe% ■'JCj^iH Wb losing my mind. The doctors treated me for fe j*j *xr- OW I male troubles, but I got no better. One doctor V \ i(Sw> • hA \ told me that I would be insane. I was advised by \'*jjs l W&L I a r' en<i to give your medicine a trial, and before V I I kac taken all of the first bottle my neighbors LgyjmbagrtßHßSna. I noticed the change in me. I have now taken five p;?mjS^gg^gg|m bottles and cannot find words sufficient to praise BJBP r*lZy«Sr^ltf?KfS| it-vl advise any woman who is suffering from any ffjSpjl '"' iVlBi female weakness to give it a fair .trial.- i I thank I MRS M JOHHSONI you for your good medicine."— GERTRUDE ♦ |l ii II M. JOHNSON, 503 E. Walnut St., HUlsborO, Tex. $M| AA A AI" ff Hill ' Owing R> the fact that some skeptical . ■.. nHn IB X■■ MS AX I I people have from me to time questioned fIU (SM v-2 fcl Mllii WW HHU the genuineness of the ttstimoniallener* BU ■Ti fei M R i-I • we *re constantly publishing, we have II ':", -■ || |r| %\ \\ |3 I deposited with the National City Bank, of Lynn, Mass., $5,000, I '■ MB PI H II 14 11 I which will be paid to any person who will show that the above I '. ■B.M HUH BmS wok? testimonial is not genuine, or was published before obtaining the I HV %SaF NBr,.' writer's special permission.—l,ydia E. Piiskham Mxdicinb Co. ' I - • ': •■• -■■:' •■• -■- •• •■" ' -•• • ' •••- '-• ' -|- CHINESE NEWSPAPER I'niq.ue Journal Appears in New York; City. A>ir York Sun Special Service New York, Feb. 19.—The first number of the Chinese Weekly Herald, the first Chi nese newspaper printed from movable types east of the Pacific slope, has ap peared. Chu Hung is the editor. The pages open from the left side instead pf the right. The news columns, which run horizontally, contain translations of cable dispatches from Peking, Paris, St. Peters burg and London; accounts of Mrs. Carrie Nation's rampages and of the passing of bad money on Chinese laundrymen; sci entific articles on pearl fishing and the manufacture of firearms and a gosipy let ter from Hongkong. A great deal of space is given to ex plaining the postal regulations and the ar rival and departure of the mails. The Chinese are said to regard such things as among the mysteries of nature. The Methodist Episcopal English prepar atory school, at Mott street and a Brook lyn physician with an office in Mott street are among the advertisers. DISTINGUISH HUMAN BLOOD German Professors Said to Have Dis covered a Method. JVfetc York Sun, Speolal Service* Berlin, Feb. 19.—The Clinical Weekly publishes a description of a discovery by Professors Wasserman and Schuetze of the physiological institute and Chief Director Koch, of, a method of distinguishing hu man blood, whether old or fresh, from that of all animals, save the monkey. CAN'T ROBJIS WIFE It Is Purely a Family Matter, Says the Police Captain. Ne*e York Sun Special Service Philadelphia, Feb. 19.—When David Smith of Carpenter street was taken be fore Captain of Detectives Peter Miller, charged with the larceny of jewelry from his wife, Captain Miller discharged him on the ground that it is not a crime for a husband to rob his wife or for a wife to rob her husband. From New Hampshire's Hills of Granite Gushes [ondondeny *^T( LITHIA WATER, % Sparkling. Delicious. The Emblem of Purity and Health. ;a - ;:: : ; w DISTRIBUTORS. - Hal*-GonBot" - Sample Shoes. "We are still able to fit 'almost anybody with our Sample Shoes at a saving from one-third to one-half from regular prices.' They are all new, up-to-date styles: ... Men's North Star Sample ■- ;-C> CQ> Shoes, worth tos4 ......;,.=;.;. &4*oy Men's Sample Shoes, worth '' 01 Qfl to $3, 7 stylos..* tpi.yv . " Women's North Star Sample ■'■' £ I OS Shoes, worth to $3.60,...;.-.... <pi,7O Boys' and Youths' Sample Shoes, QQr n Y worth to $1.50 ./.;:. -tOI* " J&Y- 213-223 NicoSia, - -jlS' HER MAIL STOPPED Alleged Decoy for a Grand Rapids Drink Cure Company. Kev> York Sun Special Service ■ Washington, Feb. —A "fraud order" has been issued by the postofflce depart ment against* Mrs. Hawkins of • postoffice '*■■;■ box ; 91,. Grand Rapids, . Mich., who "?** charged with advertising i as a ; philan- , thropist ■ ready ;to help . her unfortunate sisters to cure their husbands, brothers,,. v, sons or fathers of the drink habit, free of. '■'„• cost. ' , _/•.-. The department charges that a Grand.: Rapids drink; cure company simply uses-.' Mrs. Hawkins' name for $50 per annum, to" help " sell its "cure" and, in . fact there ] was r never-a "Mrs. Mary -Hawkins,", for .. she has married agaju v . She denied hav ing s any < interest 'in the company .beyond her pay of $50 a year. " The ; investigation*^ result®!. _ from the , complaint' of^a^^correspondent.;at", Akron, I Ohio, who : charged that her husband * had,.: gone crazy from taking ■ the cure. /