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JOUENAIi Thursday 16 Pages ft. .1* fr.i -i NEAREST ,-Competitor 14 Pages 87 Columns Adv. 59 Cols. Blading 64 Columns Adv. 67 Cols. Beading PBIOE TWO CENTS. Lack of Business Cause Them to Release Thousands of Men. AGGRESSIVE CAMPAIGN FOR TEAMSTERS IS ON THOUSANDS LAID OFF BY STRIKE EMPLOYERS' NEW |NAN PATTERSON MOVE IN CHICAGO Big Houses Will Give Strikers Until Next Week to Re sume Work. Chicago, May 12.Employers today began the execution of a new policy as to the teamsters' strike, mep. various manufacturing industries being laid off because of the lack of business, a con dition brought about by the strike. At the Employers' association's office it was said the number of men laid off be cause of dullness trade and conse quent lack of demand for manufactured goods would run into the thousands and would continue unless normal business conditions returned soon. Hundreds of wagons were sent out today by strike-bound houses, adver tisements for teamsters filled the news papers and on every side was evidence of the aggressiveness of employers. The department stores, in large adver tisements, announced that men are wanted to "fill permanent positions" as teamsters and drivers. Protection Was promised and most of the advertise ments state that "union or non-union" men will be accepted. Blacklist to Be Made Up. The employers' association is said to be making up a "blacklist." The strikers are to oe given until next week to return to work. After that they will be unable to get employment as team sters from a boycotted firm. It is stated that 2,400 of the 4,300 vacancies caused by the strike have already been filled. More School Strikes. Spread of sympathetic strikes among public school children received a new empetus today. Pupils of the Carter H. Harrison school at Twenty-third street and Wentworth avenue went on a strike when wagons of the Peabody oOal company airived at the building to deliver coal. The Peabody company is a member of the Employers' associa tion and has been active delivering coal with non union teamsters to firms antagonized by the strikers. Police were still on guard today at .the Hendrieks public school, where a strike similar to that at the Carter Harrison school had not entirely sub sided. Boy Arrested as Strike Leader. Henry Hanson, 15 yeais old. the al leged" leader of the strike at the Harri son school, was arrested, charged with^hag^erv muahwi5e~aid: disorderly eondtfet. Trincipaiw O. The distriot attorney lias, Payne declared that about 1,500 of the 1,700 pupils were out. He said lie had advised many of the parents to take their children from the school until peaceful conditions were restored. There was practically no interference with the non union drivers, and but lit tle disorder today. The ftfn'eral of George Pierce, a mem ber of the Department Store Drivers' union, who was shot byb George T. Wal dron, a special deputy sheriff, took place today. A parade of labor organiza tions accompanied the corpse, members of the Department Store Drivers union wearing a butting having this inscrip tion inside a deep black border: "We mourn the loss of a murdered brother." OYAMA TO LAUNCH A DOUBLE BLOW With Two Additional Armies He Will Move Against Harbin and Vladivostok. Special to The Journal. London, May 12.A St. Petersburg special says the gravest fears aie felt there regarding the issue at the coming land battle between the Eussians and the Japanese. Members of the general staff are convinced that Oyama, who will shortly receive two new armies, the sixth and seventh, consisting of 160,000 men, is preparing for a great attack on Harbin and Vladivostok with more than 600,000 troops and 2,000 guns. The Japanese consider it necessary to deprive Eojestvensky of his last base in the Pacific' waters, and the sixth army of 100,000 men under General Hasgawa, which lately reached Gensan, will soon advance northward and endeavor to force the river Tumen in order to invest Vladivostok in the beginning of the summer. General Andreiff will actively defend the Tumen and delay the enemy's ad vance as long as possible. Meanwhile Oyama, with over 500,000 men, will march against Linevitch, whose forces are inadequate for de fense. It is assumed that Oyama's main forces will occupy the Kirm line, while Hasagama is forcing the Tumen, whereupon the seventh Japanese army will move eastward to Nm-gu-ta, and enter into contact with the forces be sieging Vladivostok. The numbers of the Eussian army fell in February from 350,000 to 200,000 men, but reinforcements have been for warded since the return of soliders lightly wounded has raised it to 335,- 000, and at the beginning of May it amounted to 370,000, axclusive of the 45,000 in Vladivostok. Therefore, against Oyama's 610,000, Linevitch will, dispose of 370,000, while the Vladivo- oppose only 45,000 afs 100,000. Obvi- Stok garrison will troops to Hasaga\ ously Linevitch must withdraw to Har bin, where the final issue of the Russo Japanese w^r will be fought. The Jap anese will not allow the Bussians time to construct a formidable field de-fense. The Japanese are awaiting an order for a general advance. OFFICERS CHOSEN BY B. P. Y. U. Kansas City, May 12The election of officers of the Baptist Young People's union resulted in the selection of Dr L. O. Lawson of Tuscaloosa, Ala., as president Rev. H. W. Virgin, Nevada, Mo., first vice president B. Neiff of Alabama, second vice president, and W. W. Gaines of Georgia, secretary. IS FREE AT LAST i Showgirl Released on Her Own RecognizanceWill Go to Her Mother. Showgirl Is Admonished by the Judge to Heed Lesson of the Trials and Imprisonment. New ork, May 12.Nan Patterson, the one-time Florodora shiwgil, was re lease from the Tombs prison today after almost a year withm its walls awaiting a determination of the charge that she had murdered her protector, "Cesar" Young, a racetrack bookmaker. She will leave for Washington at 3:25 o'clock this afternoon. As Miss Patterson left the criminal courtroom, sho was met at the thresh hold by her father, who threw his arms around her and exclaimed: "Thank God, may daughter." As she left the building, Miss Pat terson was loudly cheerea by a crowd of 2,000 persons. She was ariven in a carriage ta hertwo lawyers' offices in the World building, where Bhe remained a short time. When she left that building, an other outburst of cheering and hand clapping by a crowd greeted her. She then went to the St. Paul hotel, where she had lived before Young's death. Jerome Moved Release. Miss Patterson's release was made at the instance ot District Attorney Jer ome, who said he did not believe an other trial would result other than in a disagreement. At the same time he declared that there had been a serious miscarriage of justice. He said many of the newspapers had labored to cre ate sympathy for the girl and that this case had caused one more step in this county toward trial by newspapers rath er than trial by iury." He approved of all his assistant, Mr. Band, had done, or said in conducting the case and added: "The people for whom I care ap prove our action. From the sane part of the community we have received nothing but fairness. I have received tion that admits of no doubt that there was unanimity in the iuryroom on three pointsfirst, "Morgan Smith bought the pistol second, Nan Patterson took the pistol in the cab with herj third, Cesar Young did not commit suicide. I ask that the prisoner be discharged on her recog nizance. Miss Patterson, when she came jnto court, was smiling gaily, but as Becord er Goff began ta address her, the tears came into her eyes and before he con cluded, she was weeping. Go and Sin No More." The recorder spoke with a kindly note in his voice that seemed to affeot aeen fit to recommend your discharge. I fully coincide with him, and believe that the interests of justice will be fully sub served by grantink this motion. There have been two trials, and in each of them the jury failed to agree. These two trials must have been ter rible ordeals to you. "There is nothing I can add in this case that has not already been said, but let me entreat you, in all ypur fu ture life, to remember the terrible ex perience thru which you have just passed, and' to permit every action of your life hereafter to be guided by that experience. I feel sure that you will do so, that you will remember your ordeal." Smiths Are Released. J. Morgan Smith and his wife, Mrs. Julia Smith, Nan Patterson''s sister, were discharged from custody by Judge Foster ,in the court of general sessions today. Both had been held on a charge of conspiracy in connection with the Patterson case. As soon as he was discharged, Smitn was re-arrested on an attachment for failing to obey a subpena issued by the fempd rau jury, and was fined$250 for ooa of court. SAM SHUBERT ON WRECK DEATH LIST New York Theatrical Manager Among the Victims of Penn sylvania Railroad Disaster. Harrisburg, Pa., May 12.Sam S. Shubert, the wel-known New ork the atrical manager, died at 9:50 a.m. at the Commonwealth hotel, where he was taken soon after he escaped from the burning wreck of the Cleveland & Cin cinnati express on the Pennsylvania road Wednesday night. Abe Thal heimer, one of Mr. Shubert's personal representatives, and his attorney, Wil liam Klein of New ork, who were with him in the wreck, have almost recov ered. Mr. Shubert and his companions were on their way to Pittsburg to close a lease for a theater in that city and were among the first to escape from the wreck. Mr. Shubert was one of the most suc cessful of the younger theatrical man agers in the country, From newsboy in Syracuse, less than twenty years ago, he and his brother, Les Schubert, rose thru the ranks until now the part nership controls several theaters in New ork^a dozen or more in other cit ies in this country and one playhouse in London, aB well as several companies which haye produced successful plays. The exact number of lives lost in the wreck is not yet known. Eleven bodies have been identified ahd nine of charred corpses await recognition at the tem porary morgue. Superintendent W. B. Caleb of the Pennsylvania railroad said today that it is impossible to tell what the number of fatalities will be. Of the 136 injured, 106 received treat ment at the .hospital. Of this number, 50 remained there and the 6 deaths that have occurred leaves the number still there 44. Several of the injured are in hotels. ^Russian Officer Shot Dead. Ninni Novgorod. May 12.Lieuten- ant Colonel Grescnner of the gendar merie was shot dead as he was enter ing his residence at midnight on his return from the theater. The house watchman was seriously wounded. The murderer, who was captured, gave his name as Nikiforof. PRESIDENT'S PLAN HAS SOUND RASIS Roosevelt Would Not Have Gen eral Rate-Making Power Con ferred on Government. By W. W. Jermane. Washington, May 12.Since April 17, when it began its railroad hearings, the senate committee on interstate com merce, thru the majority of the wit nesses appearing before it, has been try ing to hammer into the public mind that what the president is after in' his effort to secure legislation for the con trol of railway rates is the general rate making power in short, the appoint ment of a commission which shall have authority to fix all rates in the country at its pleasure. The statement has been made so fre quently that a large part of the public has cause to believe it, and much of the opposition to the president's plan, it is fair to say, has been1 In Germany and Prance. The strongest argument against giv ing the government the power to fix rates is found in the experience of Ger many and France, where that has been the rule for many years. In Germany nearly all the railroad mileage is owned by the government. In France the most or the mileage is in private ownership, but the government fixes the rates. The custom was established in Gerr many in 1878, at the suggestion of Bis marck, and it will not be abandoned, for the revenues from railways defray a considerable portion of the government expenses and abandonment would mean an increase of taxation, to which the people would not consent. In France government control has so crippled railroad enterprise that nu merous appropriations have been made from year to year, out of the national Continued on 2d Page, 2d Column. HBMrarawiramflra^ STICKNBY HURLS BOMB AT ROADS IN RATE LAW FIGHT 8 predicated on this view, which is now found to be false. Taft Statement Authoritative. An authoritative statement has been made by Secretary Tafe to the effect that the president wants no Buch au thority lodged with a federal commis sion, and that such authority would in deed be destructive of commerce and in dustry, as the railway managers have beeto? charging. The president wants a federal commission to have the power to fix any rate that has been complained of, and not to fix rates indiscriminately in advance of complaints. In other words, the federal commis sion is to confine its activities to liti gated cases. It now remains to be seen whether this explanation of the president's posi tion will alter the character of the tes timony which the senate committee is hearing or affect public sentiment. What the Shippers Ask. E. P. Bacon of Milwaukee, repre senting the shippers in a demand for government rate regulation, said before the senate committee the other day that the shippers did not want the govern ment to have the general rate-making power, and in his opinion he agrees with the latest interpretation of the presi dent's position. The railroads admit that any power over a part of the rate question would involve power over the whole of it, and that if the commission were given power as advocated by the president, that power would in a few years amount to the government control of all rates, for, the railroad men argue, the com mission would establish a few basic rates to which the country as a whole would have to conform and the situa tion in America would in time be what it ja in Germany and France. -$ STICKNEY TAKES ROOSEVELT'S VIEW Washington, May 12^-A. B. Stickney, president of the Chicago Great Western, has filed with the senate committee on interstate com merce, a statement in avof or giv ing the interstate commerce com mission power to fix rates. He says the commission would be the most satisfactory arbiter possible. Speaking of rebates, he says that "since tae injunctions the traffic directors have stopped paying re bates on grain shipments, but in lieu thereof have paid elevator fees, which is another n?ay of giving bates.'' A government commission, he says, would be untrammeled by competition ora desire to secure tonnage for any particular line and could frame an equitable schedule. $ ISTHE NORTHWEST PASSAGE FODND? Norwegian Explorer of the Arc tics Believed to Have Suc ceeded in Quest. OAPTATK &6AX.D AMtTWDfOW, Who Is Thought to Have Found thft Northwest Passage. San Francisco, May 12.The Nor wegian consul here has received an or der for provisions /to be^sent north on a whaling vessel f^ Cbajtain Bonald Amundsen, ur^fWftA **W*?SM 0 sj&lejdJkojn kortflSJ on June 17,1908, in. an endeavor to find the northwest pas sage. From the fact that supplies are to be sent north by the Pacific ocean, it is argued that ihis great quest of Arctic explorers for more than 400 years has been successful, and that the explorer will soon appear on the Pacific coast. Captain Amundsen, who passed Greenland, bound for King William Land, is said to have located the north magnetic pole and to have found the monument erected by Sir John Franklin when that ill-fated expedition perished. CLEVELAND HOME FROM CRUISE. New York, May 12.Former President Grover Cleveland has returned from a cruise In southern seas, which began two weeks ago on E C. Benedict's steam yacht, Oneida. Mr. Cleveland left the yacht at once for his home in Princeton, N. J. THE LIB IS STILL DOWN. FRIDAY EVENING, MAY 12, 1905. **V^ ~V 26 PAOESFIVE O'CLOCK. RAILROADS ROLE IN RATE HEARING Senate Committee Strongly Pro Railroad and Shippers Are Scared Into Aiding. By W. W. Jermane. Washington, May 12.It is an nounced informally that the senate committee on interstate commerce will probably end its hearings on the rail road rate question about May 22, this being about the longest time it can hold its members together, owing to previous ly made summer plans. In a few days the committee will an nounce an executive session at which it will consider the testimony as a whole and try to see how the members,stand on the general question, but nothing, it is said, will be done looking toward for mulating a report until two weeks be fore congress meets in extra session. That the committee will recommend certain changes in the interstate com merce law in addition to the changes suggested by regulation of private, car lines and terminal railways, was indi cated yesterday in what Senator Elkms said to Governor Cummings. Just what these recommendations will be cannot now be ascertained with any certainty. It is conceded, however, that they will fall short of meeting the ideas of Presi dent Roosevelt and the shippers repre sented by E. P. Bacon of Milwaukee. Queer Opposition Unity. For the past two weeks the committee has heard scores of shippers, big and little, all of whom are in opposition to the Esch-Townsend proposition. The unanimity with which these gentlemen who will be the chief beneficiaries of this proposed legislation have come to the front to oppose it, has aroused much suspicion and today it was definitely learned that their presence here has been due to the railways, which have been busy carrying out a campaign among these shippers for several months. The shippers have had a scare thrown into them" by the assertion of the railways that the president's plan looked to conferring on the gov ernment the general rate-making power. Identical telegrams have been sent re cently to hundreds of these shippers in all parts of the country, following the "throwing" of the ''scare," asking them to come to Washington and testi fy against the administration idea. Mandatory on Shippers. These telegrams have been regarded by many of the shippers as practically mandatory in character, owing to the immense power which the railways pos sess to make things uncomfortable for shippers who fail to obey orders. The movement of shippers who have been testifying is, therefore, not spon taneous^ butcbjghjlyi artificial, and this fact should have some weight in the minds of all who are trying to weigh the testimony offered to the committee. Members Are Pro-Railroad, In the main the members of the sen ate committee are pro-railroad in sym pathy, and this has been shown in a variety of ways. It seems as if the committee is doing its best to prepare a brief for the railroad. The resolu tion authorizing the committee to sit is couched in the broadest possible lan guage. The committee is^told to go into government rate-making, the pri vate car evil, the "midnight" rate question, the terminal railroad charges and all the other grievances. Instead, it has confined itself within narrow limits. Apparently, it started out to show that the Esch-Townsend proposition was unconstitutional, but soon aband- Continued on 2d Page, 1st Column. Jaconicall.y [CHILDS SCOURGES KOCH AND CHIEF WITNESS BROOKS HOW ALB. JOHNSON LOYED HIS MONEY Plaintiff in Will Case Prepared to Portray a Parsimonious Millionaire. Miss Dickerson Testifies that She Paid Her Own Expenses to California. A millionaire whose limit for a meal was fifteen cents who, like other wealthy citizens, went to California for the winter, but who livel there in a room at $1.50 a week a man whose life was dominated by parsimonythis is the portrait of the late Albert John son, promised by today's developments in the litigation over his will. From the foundation laid todav in the cross-examination of Miss Edna Dickerson, niece and sole legatee of the deceased, it is evident that the attack will be directed upon this point. Most interesting revelations of a millionaire leading almost a pauper life are pos sible. I knew from his kindness to his relatives that Albert Johnson was a man of means. He could not have done what he did for them otherwise," de clared Miss Dickerson, under cross-ex amitfation in today's hearing on the petition to prove the will. "Did you learn this on your trip to California when Mr. Johnson made you pay your own fare?" asked Emanuel Cohen, counsel for Dr. Asa Johnson, the objector to the will. "No, sir I did not." Miss Dickerson's cross-examination lasted all the morning, and is not yet finished. The niece and heiress of the late Mr. Johnson seemed perfectly self tossessed She answered all questions and with a directness evi dently learned by long experience in court work. She could not be made to admit that the late millionaire was eccentric or parsimonious. Her Life Reviewed. In reply to questions, the witness gave an outline of her life. She then described each meeting she had had with Mr. Johnson, beginning in 1897 and continuing as often as once a year up to the day of his death. Details of the five weeks' California trip, begin ning in January, 1905, were particu larly sought. She said that she and a Chicago friend, Miss C. M. Sherwood, met Mr. Johnson in Kansas City by agreement. The three then traveled to gether, each paying his own fare, to Bedlands, Los Angeles, San Diego, back to Bedlands and Los Angeles, and to San Francisco. They stopped at the samo hotels, all- settling their own bills. "Did you travel in Pullman care?" asked Mr. Cohen. "No, sir we did not." "In day coaches!" "In tourists." Other short trips and visits of the witness to Minneapolis were gone into in detail. Asked how Mr. Johnson en tertained her on one visit to this city, Miss Dickerson said: "He took us for walks, to the parks, for trolley rides, to the rolling mill, to Minnetonka, and several times we went driving. Had Not Seen the Will. Shown the will. Miss Dickerson was asked if she had ever seen the docu ment or a copy of it prior to Mr. John son's death. She said she had not. "Did Mr. Johnson ever speak to you or write to you about the disposition he intended to make of his property?" "N ot until just before nis death." "You knew that he was a very rich man?" I knew in a general way that he was well to do." "You knew that he owned a large amount of property in the heart of this city, didn't you?" I knew he had some property, but I never knew anything definite- about it." "Did you not know that Mr. John son was a very wealthy man?" I did not." "You say, do you, that the first knowledge that you were the sole bene ficiary named in this will came when the will was opened?" "N o, sir Mr. Beed told me on the fore he died?" "Yes, sir." -"What did he say to you about the will?" "Shall I tell you all?" 11 Yes.'' "He said: 'The Hunters will be aw fully disappointed whett they learn the contents of my will. I suppose they will try to break it. That will be just like them. If they do I wantyou to spend every dollar of my estate in fight ing them. You will win in the end.' "'He said: 'I trust you and I have confidence in you, Edna. I want you to look after my relatives as I have done. I want you to do as I have done by my brother, Dr. Johnson. Give him $100 or $200 once in a while. Never give him more than that. If you do, the Hunters will get it away from him. You know that I have a suit against The Tribune. I want you to keep fighting that suit just as I have done. Ittiink that is about all he said. Some it he repeated several times, especial Jy if I repeated several tin that about the Hunters." TORNADO'S DEATH HARVEST IS 120 Ninety-five Dead in Snyder, Okla homa, and 25 Persons Fa- K1 tally Hurt. Synder, Okla., May 12.One hundred and twenty lives were lost in the tor nado that wrecked the town of Sny der Wednesday night, according to late reports received today. Reports brought in today from the country, which has been cut off from wire connection for two days, says that twenty-five per sons were killed outside of Snyder. The news of loss in the country was brought in by farmers, who came to town by wagon, and verification naturally will be slow. The counted dead at Snyder today is ninety-five, while thirty-five are still missing,' and it is believed that"~^ twenty-five of the inju~~~ JDRY MAY HAYE CASE BY NIGHT No One but the Defendant, Childs Declares, Could Have Com- ~T mitted the Crime. nearly KOCH DOES NOT QUAIL UNDER THE ARRAIGNMENT! jc Asa Brooks Held Up as a Poltroon or Knave and Unworthy I of Belief. i By W. P. McQuIre. A Mankato, Minn., May 12.General Childs in his argument to the jury that is to decide whether or not Dr. Koch killed Dr. Gebhardt, made a bitter at* tack today on Asa P. Brooks, whom the) state refused to call as a witness be cause, as General Childs said, at that time, it believed him to be entirely' untrustworthy.'' General Childs severely criticized M*b Brooks' actions on the night of the. murder, when he looked over the tran* som and saw the assassin at his work* and of what the speaker described at Brooks' self-contradicting testimo ny" on various occasions since that time. "Is he a simpleton, a fool or at knavel" asked General Childs in opeta* iniff this subject. "Doesn't he know what happened when he looked upos that scene that night or has he wilfully sg spoken an untruth on the witness stand? If he stood on that bariiste* J| five seconds and did not know what "4 was going on inside, he ought to be 3 indicted and tried as an accessory after ^Jj the fact. If he stood there two sec- I onds, he should have been prompted by} every instinct of the heart to make an investigation. Where Brooks Failed. "For who was Dr. Gebhardt? He was Brooks' friend, and when Brooks lokea over that transom and saw bending ovet a prostrate body a man whom he knew was not his friend and whose eyes were so terrible that as he himself said, 'they riveted his gaze.' the first glance must have satisfied him, as it must have satis fled any man, that an extraordinary scene was being enacted before his eyes. As silent as the sphinx on the banks on the Nile, he stands there mute and speechless, and then quietly gets down and descends the stairs and crosses the street. Wouldn't he, if in possession of his faculties, have cried out 'Dr. Geb* hardt, what is the matter?' "But no, he got down after view* ing that scene with a feeling, as he said, that he was trespassing. He had tried the doors. They were locked. He said that he got up on the banisters to at tract attention. He attracted the at tention of he murderer, who looked up in the midst of his feast of blood with eyes which riveted his. Then he quietly, got down and went downstairs. And he swears, too, upon cross-examination, that the expression he saw on that man^ face was the expression of a dog when he is caught doing something he ought not to do. And he gets down with a sense of shamethinks it is a dental operation.! Not Entitled to Credence. I wonder if that is true? I won der if Asa P. Brooks got down with any idea in his mind as to who he saw bend ing over the body of Dr. Gebhardt? I wonder, if in his soud he said, 'I know who he is: it is a brother-in-law of my, friend Somsen, a son of E. G. Koch, a member of a prominent family?' He) goes up/m the witness stand and says itP was not George B. Koch, but shortly^ after the murder he was in doubt." General Childs then took up the testis mony of many witnesses as to what Mr. Brooks had said previous to the firraj trial about his uncertainty as the iden-'5 tity of the murderer and declared that the iury should not give the slightest weight to any of his testimony, sav only to his original statement, mada when the impression of the face of thaw murderer was still fresh on his mind*) that it resembled George B. Koch. I General Childs spoke for an houT ye*j terday afternoon and for three hourtj and a half this morning. After a reeesftj of but one hour he closed his speech^ in thirty minutes. In his summary declared that the jury might go all oven the world and it could find but one mant to whom the facts and circumstances inj this case could apply, and that man waa^ Dr. George B. Koch, the defendant. New Hammer Evidence. In his discussion of the new hamme evidence, General Childs referred Dingier, the young man who testififl that he had seen the fatal tool on th&] Koch premises in 1903, and to Beinhold] Dahms, who said he had used that h*m^ mer many times when he was cfioTe-, boy at Koch's place. Of Dingier h said: "Do you suppose the authontiea searched out this young man and pufc. into his mind and upon his tongue story which was false? No the rep resentatives of the law do not do such,1 things." The speaker said that the Dahm* woman and boy, like many others ii% New Ulm, at first said in their hearts, "It cannot be, it cannot be," when suspicion pointed toward Dr. Koch, but at the trial in New Ulm General Childs said the facts were marshaled into place. "Conscience told Mrs. Dahms," said the speaker, "that she must beat her secret no longer. Conscience said to the soul of that boy, 'You must not speak falsely speak the truth.' General Childs was bitter in his de nunciation of the act of the defense in bringing in several seemingly old ham mers. He declared that two were made but recently to simulate the appearance of age, but so crudely that the evidence of the trick was apparent. By these several exhibits so similar, he said, tho defense had confused Mrs. Kaess, who was unable to identify the haoames which she had positively identified on previous occasions, and he aake& whether the defense believed it was fur-1 thenng or strangling the cause of jus*| tice by this method. Pencil Belonged to Koch. & v] The pencil, he said, could have be* longed to no once except the defendant. The defense had introduced in evidence a pencil like the one found Ja Continued on 2d Page, 8d Column.