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yj -4 Business Chances $ mmmZm. on Journal's Sai-g jj J[ "TT urday wanfrpages PRICE TWO CENTS. BEEF TRUST IS AT BAR OF JUSTICE MOODY ARRAIGNS PACKERS' COMBINE Attorney General Cites Practices of the Meat Magnates Done in Unison. DECLARES INTERSTATE COMMERCE LAW PITS Points to Restraint of Trade in Price Agreements Amorg Big Packers. Washington. Jan. 9.Attorney Gen eral Mooch' t\. iiy resumed his argument on behalf of .'he government before the supreme court of the United States in the case of Swift & Co. vs. the United States, commonly known as the beef trust ease, begun last Friday. Mr. Mooclv said none of the ^agree ments or acts complained of related to manufacture or production, but to com mercecommerce as distinguished from manufacture or production. They do not accomplish fusion of property inter ests, he said, but are simply agree ments between strangers to each other's business affecting their freedom of ac tion in certain respects, and by that consideration the case at bar is shown to be devoid of those features from which differences of opinion arose in the Northern Securities case. He said the inquiry is narrowed down to only two questions for the de termination'of the court: Whether the commerce in the case was commerce among the states, and if so, whether the agreements constitute a monopoly of any part of it. Three Main Agreements. Mr. Mooclv said it appears clearly that there were three main subjects upon an agreement, and that the following state of facts is clearly shown: Persons owning livestock and living in other states and territories than those where the stockyards are situated, were accustomed to send such stock to the various stockyards named for the purpose of sale there. The defendants, who were severally encaged in the busi ness of buying such livestock, for the purpose of slaughtering and converting it into fresh meat, entered itno. an agreement with each other to refrain from bidding against each other, except c.olorably, in the purchase of such live stock, with the purpose and result of suppressing all competition in such pur chases." As Interstate Commerce. An agreement having been thus clearly alleged, he said, the question arose 'as to whether the agreement re lates to interstate commerce, and he 1 proceeded to argue that proposition, saving that the same sort of bargain is made for cattle produced and owned within the stae of sale as for cattle produced and owned in another state and sent to the "locus" of the trans* action for the purpose of sale there. The interstate character of the transac tion, he Baid, where an owner of a com modity living in one state ships it to another, continues from the beginning of the shipment to an including the sale of the commodity, if it has not lost its identity by the breaking of the original package in which it had been imported. Mr. Moody cited numerous decisions as to what constituted an interstate commerce and an original package added: "If the original package conception has any relevancy to this discussion, surely it must be that the packages which nature itself has made are the original packages." In conclusion Mr. Moody said: These are the main subjects of the un lawful conspiracy among the defendants. Others are set forth in the petition, the purpose of which is to make more ef fective the main conspiracy and render it less easy for the defendants them selves to escape from the performance of the unlawful conspiracy which they have formed. I will now consider these subsidiary agreements. Scheme to Buy Cheap. Tt appears that the defendants have agreed upon this device: In pursuance of the conspiracy among themselves, their agents bid up the price of livestock at certain selected times to an abnormal point. This naturally induces the ship ment from other states of livestock to the points where the price is bid up in quantities much larger than under normal conditions. Then, taking advantage of this congestion of the markets, they re frain from bidding against each other in the purchase of livestock, with the re sult that the producers and owners of the stock are forced to sell at ruinous prices. Thus, the unlawful conspiracy to refrain from bidding against each other is mad doubly profitable, and the great prof 3 which come from the. transaction in turn increase the power of the 'combination and tend to fasten upon the people a monopoly. The conspiracy in this case Is ancillary to the conspiracy to refrain from bidding and to the creation of the monopoly which this whole case discloses. Restricted Shipments. Tt Is alleged that for the purpose of aiding in the raising, lowering, fixing and maintaining of uniform prices for fresh meat, the defendants collusively restricted and curtailed shipments of meats to the various markets thruout the ^country. The word "colJUstttely"' fairly interpreted means that they cur tailed shipments by agreements with each other. Doubtless, such a transaction sometimes may be entirely legitimate. This condition is recognized in the decree, which exempts from its prohibition the curtailing of shipments made in good faith to prevent the congestion of mar kets. other by defendants for all deviations from the prices fixed, which needs no specicf comment. Rules for Credits. Uniform rules for the giving of credits are agreed upon. This of itself might be harmless but its purpose is ancilliary to the main conspiracy stated in that para graph, namely, the suppression of all com petition among the defendants. They will not allow themselves even to compete for the term of credit which may be given to their respective customers. No purchaser may go from one to another of these de fendants and obtain the advantage of a single day's delay in the shipment of his bill. The same purpose is behind the agree- Continued on 2d Page, 1st Column. Ax*i s*:o: i AAAA A if WIMLAM MOODY, $ i Attorney General, Who Is Prosecuting the Packers, JUDGE RELIEVES PACKERS' AGENTS Montana's Case Against Combine to Be Heard on Its Merits Soon. Special to The Journal. Helena, Mont., Jan. 9.The Montana state agents of Armour & Co., Swift & Co., Cudahy & Co., of Chicago, and the Hammond Packing company of Chi cago and Pueblo, were today released which the defendants entered"into by Judge Smith from the order of ar rest aud bail imposed as the result of the information filed by James Dono van, attorney general, on Dec. 31, on a charge of conspiracy, it being alleged that they had formed a combination for the purpose of controlling.the prices of meat products. Counsel for the packers' agents ad dressed the court, saying that an in formation had been filed-against the agents of the packing companies under which-they were arrested and released on bail. said that he did not find any authority in law for the arrest of agents when conspiracy was charged against companies. said the statute provided that upon complaint a sum mons must be issued and the corpora tions could appear thru their agents or counsel for agents and asked that they be released from the order of arrest and bail. F. WfMettler, assistant attorney gen eral, replied, saying- that he was merely acting under instructions from Attor ney General Donovan. said that the agents by having under their own sig natures secured their release on personal recognizance bonds made an appearance, in the case, and had acknowledged that they were the agents of the defendant corporations, and were the proper per sons upon whom to secure service. However, he said that he felt there were enough complications in the mat ter already and he would not oppose the motion of their counsel. did ask, however, permission of the court to issue summons for their appearance before the court on a conspiracy charge, which was granted. This summons will probably not be issued, as the counsel for the packers has agreed to make an appearance in a few days, when the case will be heard on its merits. SWEDEN IS AFTER FORMER CITIZENS Effort Is Made to Induce Swedish American Property Holders to Return. By W. W. Jermane. Washington, Jan. 9.Consul Robert Bergh, at Gothenberg, makes an inter esting report to the state department regarding an effort in Sweden to induce Swedish-Americans to return to their native land. A proposal has been made to the Swedish government to apply to all Swedes in this country able to in vest in real estate. It looks to the sending of several native Swedes to the states having the largest Swedish population, to investi gate conditions. Tt is asserted that even now some emigrants return to the mother country, but that the movement is counteracted by the unfavorable conditions in Swe den, such as defective judiciary condi tions and the bureaucratic state of so ciety which hepels Swedish-Americans accustomed to more liberal political and social relations, and finally to the in tolerance of the whole Swedish public, which does not understand the self-es teem natural to the Swedish-American, who by his own exertions has passed from poverty to good economic circum stances. It is -urged that these unfavorable conditions ought to be changed and that everything practicable ought to be done to promote the return of emi grants that the Swedish-Americans are a practical people, with wide views, hardy and strong men and women noted for sobriety and moral, religious views that a greater return of the better classes of emigrants would also bring more money to Sweden that the sen timent of the Swedish-Americans is favorable to such arrangements, and that the American authorities are too noble-spirited to put any obstacles in the way of siich a movement, altho they recognize the good qualities of the Scandinavian immigrants. The proponent says that arrange ments should be made so that it would be easier to obtain land in Sweden, par ticularly government land, and loans of money on ea'sy terms for the erection of good homes that attempts should be made to bring about the return of en gineers aud skilled workmen who have gained good positions in the United States, and to invite American capital which would promote the utilization of Swedish mines, waterfalls, etc. says that such connection with the United States would be an advantage commercially and otherwise* STOESSEL MISLED THOUGHT AID NEAt Heard Nothing from Kuropatkin After Oct. 6Amazed at His Defeat. Headquarters of the Third Japanese Army at Port Arthur, Jan. 9.Captain Tsurioda, the Japanese staff officer who was sent to Port Arthur to inform Gen eral Stoessel that the emperor of Japan had ordered that the garrison should be treated with'the greatest considera tion, says: "General Stoessel's first inquiry was about the whereabouts of General Kuro patkin. I said I did not know exactly, but understood he was somewhere about Mukden. "General Stoessel remarked that he had last heard from General Kuropatr kin Oct. 6, saying he would come to" relieve Port Arthur soon. General Stoessel added that he had sent out .Chinese spies who returned and re ported that General Kuropatkin with a relieving army was at Kin-chou, twenty miles north of Port Arthur. General Stoessel was plainly in credulous at my statements that Gen eral Kuropatkin had been defeated and driven back towards Mukden, so I pro duced maps, showing him the position of the two armies near the Shak-he river and gave Stoessel details of Kuro patkin 's defeat with the loss of 50,000 to 60,000 men, at which the Russian general' expressed amazement and quickly remarked that he had been mis led. "General Stoessel then asked where the Baltic fleet was and I told him that some of the ships had not passed the Cape of Good Hope, "With a hopeless expression, Gen eral Stoessel said: 'Now that Port. Ar thur has fallen there is no use for the fleet coming any further.' I then asked General Stoessel what had caused the most damage to the garrison during the siege, and he re plied: 'Your eleven-inch howitzers. After th ey arrived our defensive works became useless.'"'' RUSSIAN* DEAD, 10,000 Bullets and Disease Took One in Four in Port Arthur. Tokio, Jan. 9.In well informed cir cles it is estimated that the original farrison of Port Arthur numbered from 8,000 to 40,000 men, including sailors. The killed, those who died of sickness and the missing, are placed at over ten thousand. The Japanese, who express great ad miration for General Fock and other officers for refusing parole, and stand ing by the men of their army, are busily preparing to receive the Eussian prisr oners from Port Arthur. The first batch of ten thousand are expected to ar rive at Meji and Shemonoeski shortly. After disinfection, they will be sent to Kure, and probably to Metsuyama, Nagoya, Himeji, Kyoto, etc. The gen erals will be treated in the best possible manner. It is unlikely any of the pris^ oners will be brought to Tokio. The Gazette announces today that the Bussians have delivered five survivors of the third Japanese expedition, which was sent to tjlock the entrance to Port' .A^hur..har1jorv^a*' y^-^v One thousand woundedEussiaif pris oners of war from Port Arthur arrived at Dairei hospital, Nagasaki. The transfer of prisoners at Port Arthur was completed Saturday. The total number of officers transferred was 878, men 23,491, whereof 441 officers and 229 orderlies ha ve given parole, Headquarters Japanese Army at Port Arthur, via Fusan, Jan. 9.Lieutenant Generals Fock and Smirnoff and Gordbatowsky have decided to go to Japan as prisoners of war. Previous reports were that both Lieu tenant Generals Fock and Smirnoff had been killed at Port Arthur. New York, Jan. 9.All grades of re fined sugar were advanced 10 cents a hundred pounds today. FOLK CONTINUES FIGHf ON GRAFT tt vi In Inaugural Messages, Three New,Governors Battle for Reforms. 7 ,V JOSEPH W. FOLK, St. Louis Grafters' Nemesis, Now Gov ernor of Missouri. 3 i 2 Jefferson City, Mo., Jan. 9.tPrompt- ly at noon Joseph W Folk was inaugu rated governor Of /Missouri. The oath of office was administered by Chief Justice Brace or Disgrace on the State. If there be anjr corruption during this session of the general assembly it'-would be a disgrace to the state and a. reflection on every man in tjiis-pody. and upon every official in the state government. It Is too often the tendency ofi good men in legis-, lative bodies to CJoUe their eyes to things of this nature, Satisfied with their own honesty, but forg^ttinjgr that it is as much their-duty' to protfect and defend the hon or of the state afljit-ip their own honor. The legislator wjho gells his vote traffics in^. the honor of'a, sovereign people and [prostitutes the trust rbposed in him. If aL official acts were (for sale we could have a government not of, [for and by the peo ple, but a government of. for anIb th few with wealth gnjragh.tto purchase offi cial fttvorv ife?!^Pf^|^aest.duty Ky HKe supreme court. Governor Folk thn delivered his in augural address. ijEte said Partizanship is a jjsbod thing sometimes, but patriotism is a better thing: all the time. Partizanship is well enough when it does not conflict with patriotism but patriotism is a higher virtue than parti zanship. Some of you are democrats, some are re publicans, all ai-e Missourians. In the discharge of official duties, let us be Mis sourians before we are anything else. When you come before the people to giva an account of your stewardship, the ac count must bo for public service, and not for party work, if the public weal should conflict with party advantage or personal ambition, the publicgood should prevail. Q every legislator, 'of ^ejafeKgfvicial ari^-dt/'eVet'jr citizen to do aliaihati'lta can to eradicate this evil*' which Is the greatest smemy to free government and the greatest danger that confronts this nation today. f. Service Belongs to People. It is not always bjr taking money that an official may prosfitute his trust. One in public office has no more right to use his official powers for personal ends than he would have to put his hands into the public treasury to pay a private debt. In order to aid in the investigation of rumors of corruption, laws should be en acted compelling witnesses to testify as to their knowledge of bribery transactions and exempting such witnesses fro mprose cution for any matters directly or indi rectly growing, out of such testimony. When a legislator accepts a pass, he Continued on 2d Page, 4th Column. WlWWw- READY FOR THE, ASTOR BALL. Of course there will be ten detectives present for the general 'protection of the guests, but why not take a little extra precaution on one's own account. MONDAY. EVENING, JANUARY 9, 1905. 16 PAGESFIVE O'CLOCK. TARIFF REVISION SESSION PROBABLE Tawney Speaks Out at White House ConferenceCountry for New Schedules. Special to The Journal. Chicago, Jan. 9.Walter Wellman in a "Washington special to the Eecord Herald says: That President Roosevelt has carried or is in a fair, way to carry his point and secure a moderate, revision of the tariff as well as railway rate legislation, is fully as clear in the echoes of Sat urday's White House conference as* it was in the first reports. Tho there are to be further confer enees, and a joint caucus of the repub lie an members of the two houses of con gress is talked of to decide .definitely upon a policy, the prevailing opinion today w^s that, in the.end the party will adopt the president's ideas and pre are for action along the lines indicated him. Speaker Cannon has not yet indicated what his future course is to be, further than a renewal qf his former pledge that he is prepared to submit to the will of the majority. Tawney Spoke Out. I was learned, today that at the con ference Mr. Tawney, the republican "whip" of the house, told the presi Country for Revision. Bepresentative Tawney of Minnesota told the conference he believed the country at large desired an.vyerhaul ing of some or the Dingley schedules on the ground that industrial conditions had changed greatly during the eight years that have elapsed since the law was framed. During these eight years, Mr. Tawney pointed out, the new order of things in industrialism, the great corporation or combination, had largely come into existence. The economic excuse for this new order was that it would cheap en production. I is now time to in quire if it has done so, to inquire if the tariff rates that were deemed just eight years ago could not now be somewhat reduced with advantage to business and to the consumer, to inquire-if the labor cost abroad and at home is not more than equalized by some of the duties, and to inquire, moreover, with! great care and particularity, wh at would be the effect' of the proposed lower duties upon the reyenues of the go/yernraent. Mr. Tawney 's arfcrfment 'in favor .of a thoro investigation:J*fr.Jfa.Mta&'*TL(!L means committee~'-'MtO'''^d^''preevt'' day industrial conditions made a qTecidew impression upon the conference," and was supported by others present. 5 IN COASTING PARTY ARE FATALLY INJURED Dubuque, Iowa, Jan. 9.A bobsled bearing a party of fifteen crashed into a fire engine last night, fatally injuring five. They are: W. C. Eeynolds, Hor* ace Willmers, Iva Collinson, Grace Schwind and Mildred Frudden. One of the horses suffered a broken leg, and the engine, which was on the way to a fire, was overturned. MHMHHUli **JMiM.*.*i.*ltti*** dent and the other gentlemen present &#:**/^^^ that he had made:a pretty careful can-1 T/VIT/ l"ftT f\Y\1Kf\ vass of the republican membership of the lower branch, and he^ was convinced a majority of them favored an investiga tion of the tariff question with a view of revision, should the investigation dis close the need of it, at a special ses" sion of congress to be held next fall. Nothing has yet been decided as to the joint caucus, but if one he held this is the question that doubtless will come before it Shall there be an investi gation of the tariff question during the summer by the republican members of the ways and means committee? And that question the republi can members of the house are likely to answer in the affirmative. Chairman Payne of the ways and means committee is ready to undertake such an investigation. MBS. WXLLIAK ASTOB, New York Society Leader Who Gives Brilliant Ball Tonight. MILLIONS IN GEMS ATTHEASTOR BALL Ten Detectives Engaged to Guard the Bejeweled Guests Against Bobbery. Worth $750,000Mrs. William Astor, I Worth $400,000 to $500,000Mrs. I.John J. Astor Mrs. O. H. P. Belmont Mrs. C. Vanderbilt, Sr. Mrs. C. H. Mackay. Worth $300,000 to' $400,000Mrs. Perry Belmont Mrs. Stuyvesant Fish Mrs. H. Oelrlohs Mrs. Qgden Mills Mrs. Orme.Wilson Mrs. Levi-P. Mor ton Mrs. A. Q. Vanderbilt Mrs. J. A. Burden. I Worth $200,000 to $300,000Mrs. H. P. Whitney Mrs. Edwin Gould Mrs. Payne Whitney Mrs. C. Vanderbilt, Jr. Mrs. George Gould Mrs. O. Har rlman. &- New York Bun Bpeoial Service. New York, Jan. 9.Mrs. William Astor has engaged ten detectives-eight men and two women-to' guard'"hev guests at her jjrand fcall tonight. The-women fayorecT with invitations to that an iua function are expected to display $20,000,000 worth of jewelry. Incidentally it is interesting to note that Mrs. Astor has, 'wM invitations Mrs. Astor thoroly feels W responsi bility she has undertaken in nearly tripling New York's social 400. She understands not one of the thousand or more ambitious women she has hon ored with an invitation to the ball is likely to stay away. The newcomers, the ones admitted by Mrs.- Astor's grace within the charmed circle, are expected to make a display that will dazzle the old-timers. Twenty Millions in Jewels. A responsible man connected with a firm that has sold to New Yorkers mil lions of dollars worth of rare gems, said he believed $20,000,000 would be a conservative estimate of their value. The display will be simply .oriental in its grandeaur. There are many women in the multi millionaire set whose jewel caskets con tain gems worth from'$100,000 to $500,- 000. Mrs. Astor has worn jewels valued at $750,000. But the jewels of New York's rich women are by no means confined to the multimillionaires. There are any number of women in society, wiv es of millionaires, who are not con spicuous, who possess gems not to be despised even in such a display. Heretofore three or four detectives have been considered sufficient for big entertainments in the families of the rich. Mrs. Astor will have ten. Fur thermore, she has introduced the novel feature of including two women in the number. ^"Society Squad" of Police. Inspector Byrnes established what is known as the "society squad" in the New York detective bureau. When William H. Vanderbilt gave an exhibi tion to young artists of the rare paint ings in his twin brown-stone houses years ago, he went to Inspector Byrnes and asked for two or three detectives in evening dress to mingle with his guests. On that occasion a sneak thief got into the house despite the detectives and made off with the overcoat of an artist who could ill afford to lose it. Mr. Vanderbilt gave him $100 to buy a new one. However, Cornelius Vander bilt was so pleased with the social squad" that he asked for it at a ball given a few weeks later. After that the assignment of detec tives to society events became general. /^RI^MA** 24'ON DEATH ROLL OF BLIZZARD IN THE ALPS New York Sun Special BerTice. Geneva, Jan. 9.The death roll in the Alps during the recent blizzard reaches a total of twenty-four. Fifteen others narrowly escaped death. The dogs at the Hospice of St. Bernard re covered three more bodies from the snow yesterday. Two more Trappist monks died last night of cold in-a moun tain monastery near Breasci, making, a total of four. Thirty guides" and vil lagers recovered six bodies, of Italian smugglers yesterday from the summit. Fifty Frozefi to Death. Berlin,.Jan. 9.-More than fifty per sons were frozen to death in the prov inces of East Prussia, West Prussia and Posen during the recent cold .period, in cluding two letter-carriers, the driver of a post wagon, a policeman and fif 'toen fishermen. MANKATO GIRL KILLED Mankato, Minn., Jan. 9.Miss Mary Arnold was instantly killed last even ing by jumping or falling from a cutter while the team was running away. Two other? in sured* Vniv-^^|-fmnch STATE TRACES FOISOM TOkDR. GEO KOCH -$- -4 JEWELS TO BE WORN AT THE ASTOR BALL tha cutter escaped unin- tonight and Tuesday colder tonight. To-g ^y, max. 18, mln. 10 "below 3 ^4$,| ear ago, max 27, mih. 16. **& ^y^/: i^. t:^ K:^ EXPERTS TESTIFY AS TO ADDRESS* UPON rE Evidence from Two that It Wak3 Written on Typewriter in Office Next to Koch's. WHAT T&E STATE HAS PROVED Dr. Koch was in the vicinity of Dr. Gebhard's office not more than twenty minutes before the murder. A pocket handkerchief bearing the initials, "&. K." was found in the reception room of Gebhard's office. Dr. Koch had a pencil similar to the one found near Gebhard's body. A man went up Gebhard's stairs just after Koch passed the printing office below, on the night of the murder. Dr. Koch's father had a hammer similar to the one with which the dentist was killed, one witness swearing that it was the identical hammer. Dr. Koch had injuries on his hand the day after the murder, and was seen in Alwin's drug store, helping himself to rubber finger cots. Dr. Koch received a box like the one in which the mysterious bottle I of poison was mailed to Gebhard shortly after Oct. 7. The address on the box of poison was written on the Smith-Premier typewriter, kept in an insurance of fice, next door to Dr. Koch's office, between Oct. 16 and Nov 1. Dr. Gebhard received a box, pre sumed to contain poison, between Oct. 24 and 29. WHAT THE DEFENSE HAS BROUGHT OUT BY CROSS-EXAMINATION Dr. Koch had no blood stains on his clothing. The Koch hammer had a factory handle in August, 1904, while Ding ier swore that it had a home-made handle shortly after harvest time in 1903. i 1 fc FIELD DAY FOR PROSECUTION Ruling Changed and Evidence Ad mitted that Defendant Had {$% Blue Pasteboard Box. i va -e From ,8Uff Correspondent. ,-^-s New T/lih, (Rinn., Jan. 9.After hav ing been permitted by the court, in the face of '.Strang objections, to introduce testimon^to^8hnw_th^t^^.^.Gfinrga~BC *&* Kbch on^tonal for murder.in the first degree, mailed poison to Dr. JL. A. Geb hard a week before the murder, Gen eral "Childs took up that phase of the case when court opened this morning. Step by step he unfolded the testimony against the defendant, and altho the defense fought for every inch of ground, when court adjourned for the noon recess the case looked dark for Dr. Koch. that time General Childs had shown that Dr. Koch had a box simi lar to the one which contained the poi son, and that the typewriter with which the box was addressed to Dr. Gebhard was in an office adjoin ing that of Dr. Koch from Aug. 16 to Nov. 1. also showed that this of fice was cut off from a certain public hallway by a partition which lacked three feet of reaching the ceiling, over which it would be easy for a man to climb to get access to the machine. Miss Elizabeth Maskam, mail clerk for the Parke-Davis company at Min neapolis, testified that she mailed Dr. Koch, on Oct. 7, such a box as that which contained the poison sent to Gebhard. The box at that time con tained dentaline. G. W. Barnes, superintendent of agents of the Minnesota Mutual Fire Insurance company, with offices adjoin ing those of Dr. Koch, testified that he had a typewriter in his office from Aug. 16 to Nov 1, and H. P. Baird and Percy Livesey, typewriter experts from St. Paul, swore that the box of poison was "V1 dressed to Dr. Gebhard on this machine. State's Case Strengthened. The state considers that it has woa a signal victory by this testimony. For a time it looked as tho Judge Webber might rule the poison testimony out of court, and had he done so, the state would have been compelled to rest the case with evidence scarcely sufficient g& to warrant sending tho case to tho -jm jury. Now that the evidence as to tho "m poison has been allowed, the case [M against Dr. Koch has been materially i strengthened. The opportunity for mailing the poison has been firmly es- j|^ tablished. The defendant's attorneys are in clined to make light of the identifica tion of the typewriter, but a compari son of the address on the box of poison with a sample of the writing done on the machine shows that there can be no doubt that the testimony is correct. It does not take an expert on type writers to see that the Smith-Premier machine in evidence is the one on which the label pn the poison was addressed. The "rdt" in the address and the saina letters taken from a sample written by the machine are as alike as two peas: from the same pod. It is doubtful ft there is another machine in the state that could make these three letters^-is~ such a peculiar manner. Of course, the question is, Can tho state prove that Dr. George B.|Kocli operated that machine when the Joi6 on was addressed?" If it can, thB out look is truly dark for the defendant. The afternoon and a part of tomor row will undoubtedly be occupied in se curing the poison testimony. It is like ly that much will be done strengthen ing the testimony already introduced, so that it is safe to say the state will not rest its case before Wednesday evening, and perhaps not then.j J: ^,rt Judge Changes His Ruling^ E^i Judge Webber this morning called at tention to his ruling on Saturday after noon, when he refused to allow Miss Elizabeth Maskam, employed by tho Park Davis company of Minneapolis to consult the mailing book of the firm to refresh her memory. quoted froni a case in the Northwestern Reporter, which gives authority for allowing a witness to consult a memorandum, even Continued on 2d Page, 2d Column.