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The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, November 01, 1901, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83045366/1901-11-01/ed-1/seq-1/

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The Examination of But One
More Witness Remains.
Testimony From Scovil, Who
Slapped Gen. Shatter's Face.
l'rouraiu Announced and l.lue of Dlm
iutiiuu Practically Agreed
I |>oii.
Washington, Xov. I.—The Schley court
»gau its proceedings to-day with the
that with the exception of
Sme witnesses who will be recalled to
correct their testimony on Monday next,
the last testimony would be taken before
adjournment. There were only two wit
nesses on the list for to-day, and the un
derstanding when the court opened was
that after they should have been heard
the court would adjourn over until Mon
The witnesses called for to-day were
both summoned by the department and
were Lieutenant John Hood, who com
manded the dispatch boat Hawk during
the Cuban campaign, and Sylvester Scovel,
who was a newspaper correspondent in
Cuba during the Spanish war. Lieutenant
Hood was summoned for the purpose of
relating his version of his interview with
Admiral Sohley off Clenfuegos, and Mr.
Seovel was called to answer questions
concerning the messages which Captain
Sigsbee of the St. Paul is said to have
megaphoned to the press boat Somers N.
Smith of May 2s. Photographer Hare tes
tified that at that time Captain Sigsbee
stated that the Spanish fleet was not in
the harbor of Santiago and gave tbe name
of Mr. Scovel as one of the correspondents
on board the press boat with himself at
that time.
Admiral Schley anonunced that he would
not be able to undertake the corerction of
-timony before next Monday.
"There yere five whole days of it," he
said, "and to go over it and make the
necessary corrections is no light task."
It is probable ihat he will have some
thing more to say concerning his inter
view on May 18 with Admiral Sampson
relative to which Captain Chadwick spoke
The ( oitiiiitt A run men t*.
It is now intended to call any witnesses
in surrebutial and it is expected the argu
«ill begin soon after Admiral Schley
concludes the correction of his testimony.
How long the court may take to consider
the, evidence is entirely problematical.
The members of the tribunal are evidently
ring to devote considerable time to
this, for they have teken rooms in the city
f>>r this purpose. The testimony covers
l.noii printed pages and the court sat
thirty-six days in listening to it. With
the additions yet to be made in the way of
argument and documents the record prob
ably will run over 1,700 pages.
Judge Advocate Lemly announced that
counsel had agreed on the order of the
speeches in closing the ease, subject to
tlie sanction of the court. Mr. Hanna is
to open for the department. He will be
followed by Captain Parker and Mr. Ray
ner for Admiral Schley and Judge Advo
cate Lemly will close for the department.
Admiral Dewey announced that this ar
rangement was satisfactory to the court.
<'aptain Lemly then brought up the
question of the character of the argument
to be made, saying:
I would like for my own information to ask
the Instructions of the court as to whether
or r.ot we are expected, in the closing argu
ment, to •■online ourselves to the evidence and
to the scope of the preie-pt as defined by the
court. I moan the arguments made both by
counsel for the aplpieant and by my associ
ate and myself.
Mr. Rayner—We have to confine ourselves
to the evidence, but I do not want to be en
tirely restricted. We cannot allude to any
facts that are not in tbp evidence, but we will
making our allusions do it very respect
fully and within proper bounds.
Captain L^mly—l think that that should be
the general pcope of the argument. The court
lias defined the scope of the precept, but of
course we could not undertake and the court
will not undertake to restrict ourselves en
tirely, I assume, in stating just exactly the
words and the manner Rnd so on. That would
be a question which at the time they would
have to say whether it was proper or not.
Mr. Rayner—Of course, in making an argu
ment we won't pretend to refer to anything
not In the record. We are bound by that, but
1 do not want to have any more restrictions
p'.aced upon my argument than I would on
any other court. I want the constitutional
right to argue this <^ase within proper bounds,
and with great resnect to everybody con
cerned, but to make rritioisms as they appear
proper to me or to make comment. If I
ehou'd find, for instance, that I believed a
witness has not told the truth, I should not
hesitate to ?ay so.
Captain Lenaly—That is right.
Admiral Dewey—There won't be any trou
ble about that. When we come to that bridge
we will cross it.
He Who Slapped Gen. Shafter'n Face.
Sylvester Scovil was then called as the
first witness of the day. He said that
while ou the press boat Somers N. Smith
as a newspaper correspondent of May 27
or 28, it came up with the St. Paul, of
which Captain Sigsbee was in command,
off the shore at Santiago. There was a
conversation with Captain Sigsbee
through the megaphone and he himself
had used the megaphone in conducting the
interview. The Somers N. Smith was
- • about seventy-five or a hundred feet from j
the St. Paul during the conversation.
"Give us as nearly as you can the words
of that conversation," said Captain
Witness —We had been sent to find Commo
dore Schley, and the first question, of course,
was, '"Where is Schley?" and the answer
from Captain Sigsbee was, "You will find him
In the Yucatan passage." And then, inas
much as our boat was very slow, I asked
him to advise me whether he thought we
could catch Commodore Schley if we fol
lowed him, and he stated "Yes." The second
questlou was, "Where is Cervera?" and in
answer to that Captain Sigsbee did not
speak for a moment. He consulted with some
body on the bridge of the ship and thei:
answered: "I am not sure, but we caught
an English collier trying to sneak into the
harbor this morning." That was all the
conversation 1 remember to have had with
Captain Sigsbee personally. Other men on the
boat had some conversation with him.
Captain Lemly—Did Captain Sigsbee during
any time of the conversation inform you
that the Spanish squadron was not in San
Witness—He did not tell us that the Span
iards were not In there.
\ot So Sure.
On cross-examination Mr. Scovil said
.that he had b«en at the megaphone a part
of the time. He could not say whether
Continued on Second Page.
The Varsity Eleven Loses Its
Great Right Guard.
Mueller Took Part in a "Fat Men's
Race" at La Crosse.
Schreeber, the Badgtr Left Guard,
>viii to Have Violated die
Prise Rule.
Mueller, Minnesota's gmu right guard,
is barred. He will no longer be permitted
to participate in university athletics, un
less he should be reinstated by the "Big
Nine" conference, and Minnesota will not
ask for that until the rules adopted by
the conference are changed, of which
there is little likelihood.
Mueller himself is powerless to move in
the matter except in so far as he may in
fluence the authorities in university ath
letics to assist him in securing his re
instatement. He cannot go to the confer
ence and ask for a reinstatement.
The faculty athletic committee at the
university has decided that Mueller's par
ticipation in the Woodmen's race at La
Crosse, Wis., last Fourth of July and his
taking of a ?5 prize brings him under the
rule which says that "no student shall
participate in any intercollegiate contest
who has ever used or is using his knowl
edge of athletics or his athletic skill for
Professor F. S. Jones, chairman of the
faculty athletic committee, went to La
Crosse yesterday and as a result of his
investigation the committee decided that
there was no other course to pursue,
though no protest had been received
against Mueller from any source. It was
felt that the rule was severe, under all
of the circumstances, but the committee
regarded its duty in the case as plain
and acted without hesitation once the
facts were obtained.
The Fact* In Case.
The case is an interesting one and in
it there is found ground for a good deal
of sympathy for the man who will suffer
Mueller, whose home is at La Crosse,
went to the Woodmen's picnic, held on the
Fourth of July, with no thought of par
jticipating in any of the contests which
had been extensively advertised together
with the prizes which it had been plainly
announced would be in cash. But after
he reached the grounds and the games
began, his friends urged him to enter the
"fat man's race" for men weighing over
200 pounds. Mueller in a spirit of fun al
lowed himself to be persuaded and lined
|up for the race. So little did he care for
the honors it contained or for the prize,
that he did not even take the trouble to
remove his coat. From all that can be
learned there was no thought in his mind
of using his athletic knowledge or skill
for gain. However, he won a prize and
when a check was sent him, still without
regarding the matter seriously he ac
cepted it, and the mischief was done.
I Professor Jones investigated and
i learned that the picnic and the contests
had been extensively advertised in the
! newspapers and by means of posters, that
: the prizes had been offered to induce ath
| letes to enter, and the conclusion seemed
plain that if Mueller entered one of the
races he thereby became amenable fo the
I rule and must suffer the consequences,
I no matter if the race run was "a fat men's
race," run for fun and without any
thought of a violation of the conference
rules. Such at least is the view of the
committee, which in taking the position
it has, is acting solely in the interests of
pure athletics.
Sorrow Among; Students.
There is sorrow among the students, but
the disposition is to regard the commit
tee's action as wise.
AVlNcoiiKin Has a Case.
Wisconsin, it is said very positively,
has a case on her hands which may de
prive her of the services of Sohreiber,
left gnard. If statements be true, his
offense is a more serious and deliberate
one than that of Mueller. Schreiber, It
is aid, on Aug. 15 played in a game of
baseball at Mineral Point, Wis., between
the teams of that town and Linden, a
purse of $75 being offered as a prize.
Schreiber is said to have played with the
Linden team. Those who have looked into
the matter carefully say that the proofs
are positive and that it is up to the Wis
consin athletic authorities to bar Mr.
Schreiber. Word from Madison is awaited
with interest.
\<> Conference Called.
It Is doubtful whether even the Clyde
Williams case will be taken up by the con
ference of colleges to-morrow as an
nounced. Professor Jones, of the Univer
sity of Minnesota, has received no noti
fication that a meeting has been called for
to-morrow. Even should a meeting be
held, the Mueller case would not be taken
up, unless the conference should decide to
lessen the severity of the rule under
which Mueller has been barred.
Who'll Succeed MuellerT
Talk as to who will succeed Mueller at
right guard is guess-work as yet. It has
been suggested that Aune be put into the
place and that Hoyt be put at right end,
but that means that Aune must learn the
game over again so far as this year's
formations are concerned, and that is not
an easy task. Besides not strengthening
the guard position, it might weaken in a
slight measure the end position, despite
Hoyfs well known prowess as an end;
the latter has not been in the game
enough this fall. Max Ricker, who has
been practicing as a substitute guard, is
almost too young a football man to be
given the terriffic work required at the
place, and besides he has been doing more
work for the other guard positions and
would have some readjustments to mak«.
Tifft is a strong man, but if he would not
do for the tackle position would hardly
flt at guard. Thorpe might make the
place, having had a good deal of experi
ence at guard. But only a try-out will
lead to a choice. The line-up for to-mor
row's game will be awaited with interest.
Fhil Xlii X '« Box.
The story that Phil King, coach of the
University of Wisconsin team, was urging
the protest against Mueller because Mr.
King was charged $16 for a box at the
Minnesota-lowa game, seems scarcely
credible. Mr. King in advance advised the
Minnesota management that he would at-
tend the game, supposing that the usual
courtesies would be extended. He was
not surprised, therefore, on arriving at
the hotel Saturday morning to find await
ing him an envelope containing tickets
for box seats. He was surprised, however
at finding with {he tickets a bill for |16.
He paid the same, of course, but he was—
well, surprised.
It seems that the charge was made at
the instance of the lowa managers, who,
of course, had to be considered in extend
ing any courtesies. The Minnesota man
agement, however, felt that it was hardly
the courteous thing to exact payment of
Mr. King, and mailed him a check for the
amount paid with a due expression of re
gret. Even if Mr. King had been dis
posed to push the protest against Mueller,
therefore, It could not have been for .the
sake of revenge.
Mueller Sayw H'n Spnte.
In an interview this morning Mueller
said that he had had no official notice of
his having been barred, but confirmed the
story of the race substantially as given
above. In his opinion, the whole stir Is
due to the wish of some of the Wisconsin
alumni in La Crosse to cause him trouble.
Said he:
Some of the people of my home town, par
ticularly alumni of Wisconsin university, are
angry because I am playing with Minnesota
instead of with Wisconsin, and they are using
this Fourth of July race as a means of carry
ing out their spite. It's true that I ran in a
fat men's race on that date, but at the tfme I
did not think there could be any possibility
that a charge of professionalism could be en
tered against me. I had just recovered from
a siege of sickness and happened to be at the
celebration with a number of my friends,
who urged me to go into the race. There was
no announcement of a prize for the race, as
Is usual in professional contests, and the
other contestants were only a big fa.t man
and a kid. I went in for the fun of the thing,
and the race was so easy that I ran halfof
it backwards. At the most the whole affair
did not amount to anything, and is a small !
affair for any one to take up. Who ever i
hear dof a professional fat man runner, any
The possibility of being barred breaks me
all up. But whatever happens, I shall never
play on any team against Minnesota. I shall
make an effort if I am barred to be rein stat
ed. Failing in that, I shall leave school at
the close of the year and go into coaching for
a time.
Wild Rumors.
Later in the day when It became
definitely known that Mueller had been
barred, there was a good deal of sup
pressed excitement on the campus, and
with it much wild talk. It was said that
other members of the team were to be
protested. The most persistent effort,
however, failed to en ble the tracing of
any of these rumors to their source. The
authorities denied absolutely that they
knew any other members of the squad
who had violated any of the conference
Winnebago Indians in Ne
braska May Be Exter
minated by Smallpox.
Special to The Journal.
Sioux City, lowa, Nov. 1. —Later reports
from the Winnebago Indian reservation
in Nebraska are to the effect that fifty
three of the 1,000 Indians on the agency
have died from the fearful smallpox epi
demic raging there.
There is no adequate medical force to
care for them and the disease threatens
.the destruction of the tribe.
Every town within twenty miles has es
tablished regular guards who keep away
every Indian. The Indians are scatteered
over 1,196 acres, and many lie sick and die
without medical attention.
Snpreme Court Decision Bearing In-
directly on Cime.
The supreme court gave utterance to an
opinion this morning that is regarded as
significant. In the case of Charles Ek
against the St. Paul Permanent Invest
ment company, an opinion written by
Judge Lovely says:
The constitutional limitation that no law
shall embrace more than one subject, which
shall be expressed In its title, must be con
strued liberally to accomplish the purpose for
which it was Intended, viz., to prevent the
use of a statutory title as a trick or artiflve
•to secure legislation upon matters dissimilar
and not reasonably nor naturally connected
with the expressed purpose of such title.
This is the point on which the normal
school board bases its case against the
board of control. A "liberal construction"
of the board of control bill might give
that body control over all the educational
The Ek case involved the validity of a
section of St. Paul's city charter, creat
ing the board of public works. It was
claimed that too many subjects were In
cluded in the section, not expressed in its
A Serious Accusation Made
Against Reuben Pickett.
Unsuspected Evide^ Causes Case
to Be Brought Up Now.
Several Circumstance* of His First
| ' Wife's Death. Now Appear to ; .
Be Sisniflcantt . ;:
Reuben C. Pickett, a bookkeeper, nas
been arrested on an indictment charging
murder An the first degree. The case
promises to be a highly sensational one
when it comes to trial.
Pickett is accused of having caused the
death of his wife on Sept. 29, 1900, at their
flat, 816 Eighth avenue S. Mrs. Pickett
was burned to death in the bath room,
the attending circumstances being some
what uausual. Instead of rousing the
neighbors and hurrying for blankets or
something with which to . smother the
flames, he went to a fire alarm box and
turned in an alarm. His explanation of
this conduct was given in a straight for
ward manner. He said that he was
awakened by hearing the noise of a fall.
He arose and smelled smoke which led
him to the bath room. There he beheld
his wife on the floor, her clothing in
flames. A basket or something was
wedged behind the door in such a manner
as to prevent him from getting into the
room, which was all ablaze.
About eight months from the time hi a
wife had come to her terrible end Pickett
married again.
No inquest "was held at the time, as
there seemed to be nothing to warrant
any proceedings by the authorities. Late
ly, however, it is understood that informa
tion has been received which seems to
demand prosecution of the case. It is re
ported that when the firemen arrived the
door to the bathroom in which the woman
met her death was locked and tbe key was
missing. It is also asserted that the lamp
which naturally would be supposed to
have caused the fire was found intact after
the flames had been extinguished by the
fire department.
Interurban Stretch of Mississippi
Will Be Navigable.
Quotations From General GlUUpie
Heiiuri Show the Mistake
JPVotw The jirntrnal Bureau. Jiootn. *J, PoH
Building, TTaahiniiton. „\-.",.. .; .•. /■; .• - . ... . .
1;:_: Washington, Nov. -There is no .truth
In the published ' statement in north
western ' papers • that " General *, Gillispie,
chief ": of engineers, ' United -).; States,
in his annual report, says the navigation
o fthe: Mississippi f between Minneapolis
and St; Paul will be impracticable even
after the locks nave been furnished be
cause of the shallowness in low water
and swift current in high water. In order
to show exactly, what General Gillispie
said on this point, I quote verbatim from
his report. Speaking of the , Mississippi
between the twin cities he says: ■
la its natural condition this channel can
only be navigated at low water by very small
boats, and! at higher stages the current is so
swift as to make all navigation difficult.
General Gillispie then proceeds to tell
what the government is doing, in the way
of locks and dam building, to change this
"natural condition" and moke naviga
tion easy at all times of the year. In
concluding his report for this piece of
work General Gillispie says:
No effort on the navigable channel can re
sult until both locks and dams are completed.
There are no commercial statistics to re-port,
ac steamboats cannot navigate this section
of the river in its present condition.
I am able to say authoritatively that
the engineering department of the army is
very sure that the locks and dams will do
for the channel between the twin cities
just what Minneapolis thinks they will do.
The resident engineer in charge of the
work has always reported favorably re
garding the project and General Gillispie
regards it as being entirely practicable
and feasible. —W. W. Jermane.
Grant Frasier Charged With Com
plicity In the Postofllce Rob
bery at Oxford, \\ is.
The federal authorities have made an
other arerst in conection with that of
Dwifht J. Carpenter, the university stu
dent, who atempted to cash two spurious
money orders at Red Wing, Minn. P. R.
Lance of Minenapolis, a postofflce in
spector engaged on the case, discovered
that the filled orders were sent to Car
penter by S. L. Stimson of Oxford, Wis.,
who Is his uncle. He communicated with
the inspectors of the Wisconsin division
who made the arrest. Stimson is an as
sumed name, the correct one being Grant
Frazier. Frazier is a brother-in-law of
the Oxford postmaster and obtained the
blank money orders from the reserve
stock which he kept in a trunk at his
President Roosevelt Will Recommend
to Congress a Reformed Method
of Dealing With Red Men.
His Plan Means the End of Scandals
In connection with the disposition of the
public lands under the timber and stone
act, violations of which have resulted in
numerous indictments in Montana, Com
missioner Hermann recommends that that
law be repealed and a new act passed that
will be general in its character and enable
the interior department to Qispose of tim
ber lands under suitable regulations. Such
an act, he thinks, will prevent such frauds
Killed by a Practical Joke
Special to The Journal.
Sioux City, lowa, Not. 1. —Meyer Muskin, son of Mr. and Mrs. Reuben Muakla,
618 Cook street, is dead from a practical Joke. A week ago he was playing with
neighbor boys, when It was proposed that they have some fun with an ammonia
bottle. The boys began giving doses in the form of inhalations, and. when they came
to .young Muskin, they gave him such a big dose that he became unconscious.
Doctors say the drug attacked the mucous membrane of the throat and lungs. U»
took to his be/, and never got up. .r *

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