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HHII lB IIIHil IH iEs'ff'fsfe II 1 r Jl Vii IaaA'A' task well done h llflg 'llfoi transmit tlx- mosnaso nt a 3 I II I P !5 1 11 0M M I (7 rm 1 iASlAhili IrSl flm Do.Il better. That last final stroke marks fco more cffecUv ;ly than the lcsman ! .11 MS A fl I I rI X lv MX I 1 . I I I I I I I the Hand of the master. The mar, who M T yffl!USa tholisnnnVrfn V1 1 I If C I M K V I ll llillf dlRS a ditch a lltU,, hit hotter than every I lB,c!l&n mood, while the salesman must f9r W M W ,J vMI ft J&&b W ILJi lm IL Ik IL. H V i-, fll IL HLJ- other man Is the nmn that always lias a I LSw audience, oft times reluctantly I T JW f 7 f V V Y XB fSr V V V V W ditch to dig, and the man who knows how H $A' - C V to do ono tl.mg well has solved the great- H jlmrtrrms ( est problem of life. Io it hotter. 1iyOl. LXXVHI, NO. 136, weather TODAY-rair. SALT LAKE CITY, UTAH, SATURDAY MORNING-, FEBRUARY 27, 1909. U PAGES FIVE CENTS, I 1 Ptit'iH. . A Ike attack i FORESTRYByBEAU Slropriatioii Cut Half Million, J' nt Still in Excess of Last 'fjf Year's. Ill kVBURX. CARTER, BORAH 4l 'AND TELLER LEAD FIGHT j$3i jjjinl, Smool, Warren and Dolli '31 vcr Defend Course of the, f" ' Administration. M "fSctl-l to The Tribune. 8 Washington, d. c Feb. 26. JjjS ',j,;Co days of attack in (ho senate, had 'iji appropriation cut half a million, but .itwas ffivcn about $750,000 more than Ust year, The attach was led by Hcy iojjj 'tarni Carter, Borah, Teller and Fulton. 1 Tic bureau was defended by Flint, ifcnoot, Warren and Dollivcr. Guggen jl Jjeim suggested tho appointmenfcof a :'k congressional .ioint committee to investi M plcnnd report on tlio complaints heard i-V"1 11,0 son"icc? nt y a- point of 2 ! cr Wan-en hilled it. Hoyburu of 'tJtJ an amendment requiring ihc turn 'in? back into tho imblie domain of all a&5 ids in forest reserves on which there 'vtroao trees and rostorinc it for en- S in. A point of order b.y Flint of Cali isOS fornta settled tho amendment. Flint Milt "flidarcd that it was a scheme of power i.Jr i'fompauies to rn-nb off quarter-section 3fk !; rights in the west, Dixon offered an '.nendinent to increase tho porconta'-e .i " cf receipts from forest service to be l?01 PP"11 ' from 25 to 50. A ? iiolnt of order killed it. Teller opposed Vat -; because, he declarorl, the states were ' vj 'ctitled to all of it, 100 per cent, lie id tit a ? 3Jarcd that when ho ot out of the m' iEi t :in 'n tMP practico of law he I'litcmlccl to .brinf- the forest service to nTb ; l-xV. StM' Carter Tights Hard. .isJ !in amendment by Carter to reduce J Spvjf appropriation for forest manage ittrirtL.jwit a million below the house appro 5'i'I'iation was lost, 32 to 20, but it com- andeil the votes of liorah, Bourne, jf,. m CUtcr. Clark (Wyoming), Rtlton, Guji- T Pff''ii, Ifeyburn and Teller. The rjfefSlt o antaponisin was very stroiifr. "SjfaB'.AfW point Bailey of Texas declared b hvoT of turning back to the state .'-!! publie lands within their borders. SiflBj fufttor Warren said he had ouce advo :Pi' 'n :l ma(lc :in extended '"jKech on the subject and was retired "3Hk'foci the senate1 for tho suggestion. ,w!jt Mr. Bailey- suggested that possibly -X "P01'6'1 might havo been t he cause v wj-ef it, and Mr. Warren .ioincd in the jj?lthu2h at his expense. b'r3. SUBJECT OF DEBATE FOR AN ENTIRE DAY 3 At50clutr-d Press. T 'IUNTfTOX, Feb. 20. After an ; t-ntizi Clay devoted to discussing the 5ti ' "fry provision of the agricultural uZm aPrronriation bill, tho senate tonight li r.c" thc "casuro. ..Tho senate reiectcd the increase of ."OC'.OOO iu thu appropriation for thc ' 'jIcstry service, as recommended by the v comniii'tec. and then a curious par '. wmoiitarj" situation arose. Mr. llev ' pant had offered an amendment dircct- W llie secretary of agriculture to wjg ; tlimmate from all forest reserves the J 7bhc hinds not limbered, and to re Vfa I orc such public lauds to location and v,i!Z f?r.cnase under the land laws of the r -US ' v,ltd Slntcs. and the amendment had Is ' ,CD scented by Senator "Warren, in rl ; "pe of tho bill. , . "hen the amendment was laid before ') the senate. Mr. Flint (California) made J 1 point of order against it, which was IflW i !ali!!nf(1 b7 tho vice-president, n i If I had known that the amendment -rS v tod1(I not be voted on I would havo xjlg- aercr concurred to the uiiauiinoas eon 4jt ir lent agreement, ' ' declared M.-. lley- OT fi tTho vice-president thon put tho ques ivt ?llcIlt.0 tllc senate, whioh declared the 8aendmcnt out of order. f.' "3 I Amendment Tabled. JJ r- , .Senator Carter's amendment to reduce ?5 li rIorestr-v appropriation from $3,980",- i vSa3 passed by tho house, to $3,1(50,- lffJ 5 SSriws lai(l on the tublo by a vote of MDuljn2 the discussion of tho bill Son- y Jpr Teller called attention to thc do ? !r ?? ,on3 mae against inon who havo Ji. J0)"01" 011 t,ie public lands in mining trV? If """cts. Ho declared the timber had t ut lc"alb nd had yielded tho inS I fti.er"710ut ' precious minerals many 5 TJ i l,,ai! the value of the timber. Ho said tgj .J had drafted and procured thc pas- It e of iho act ol" 1S78, which allowed i& ,,i?eoPle oC tc west to do what, they 1 fni.-)oc" loi,lr without auv law in Hie 540" ; "lUng 0f lim)cr 0J1 imbfic lauds );or I nft ",c ,,len w,'o swept tlioso hills bare & roV"11101"'" p -uitl, '-'wore not public S fU'fT'Tb 1)nt lliev a-"tod in accordance S? fILv statutos- ih'-y returned lo the s '"'nu-nt much more than the limber 'V&l ' iH., v,'0T.il' There haa been no willful Y, 1PJ'Vlct'01' of timber in Colorado. Tho ;IX L ,Plu ' lhat slato are more interested 'i ? nm. foson-ation of their timber than i yLX?0. outsidf of thc state could 'j J 'i he. ii p System Condemned. :J4 if tMn H'V'iaaiiig the forestry bureau sy- Si i Teller said if l5ichot'fl plan !p S h,i,,cun aPllk'l i' Colorado during Jl irliiys.f itH development, that state H Ku , l,,n 1"' tl" of the eoyote. i W l"!tliM- and the bear. The svslem. Slw!',' w;,s destroying thc prospectw '7 Au" 'u the future. Sfan.? lorstation, he snid, had been a iinflrrf.ilJ i:lorado. The farmers raise :f- br ,it"!lbc'1' " that state than is raised j f -i ' ,0Fest hiireau. an V"0"!'1 icr." ho declared, "havo (OS i tuin;K.U'An""n ,,0,I,B aJKl a American K J ,0'it ol doors, i do not believe there I oaliuued on Page Two. J r T i FAMILY MURDERED, BIDIEHUIES Evidence of Horrible Crime That Cost Lives of Widow and Four Children. j CHARRED BODIES FOUND j LYING IN THEIR BEDS Motive for -the Deed Remains j Mystery: Rigid Investiga tion Under Way. BAKERSF1F.LD. Cal.. Feb. 2G. Mrs. Minnio Bookman, wife of the lato Wil Ham M. Bookman, and her four children wcro bumod to death at their residence south of this city shortly after 2 o'clock this morning. Thc evidence points to tho faot that murder was committed beforo the house was firod. Tlio Doad. . MBS. MINNIE BEEKMAN, aged 40. VERA BEEKMAN. aged 14. RAYMOND BEEKMAN, aged 11. ANNIE BEEKMAN, aged i). ' ARTHUR BEEKMAN, aged 0. Tho family occupied a single bed room , tho mother and two children oc cupying ono bed and tho oldest boy and girl sleeping in a second bod on tho op posito sido of the room. The charred bodies wcro found in thc exact position that each was accustomed to occupy in bed, and tho half consumed mattress on which Mrs. Bookman slept was covered with what appears to be bloodstains. Tho cotton in thc mattress has been placed iu tho hands of a chemist for analysis. No Sign of Struggle. Tho firo was first seen by neighbors about 2:30, and tho first men to appear ou the premises found, tho house a mass of flames, but, looking through tho burning boards, tho bodies could be seen on tho beds lying apparently in natural positions. Coroner McGinn and Sheriff Kellcy wcro early upon the scone and a careful examination of the premises was made. No clues devel oped that might bo of help in uncover ing the mj-slory. So far as known the family had no enemies and thoro is no reason to sus pect any one. A watch dog belonging to Mrs. Beekman was poisoned two days beforo thc tragedy, and a little house dog that was kept in the bed room at night was found unhurt on thc premises this morning. Mrs. Beekman was left a widow about a year ago, her husband having been, one of tho leading farmers in this coun ty. This was his second marriage, two children by a former wife living nt some point in the southern part of ihc state. By the terms of his will Beek man left almost his entire estate to his widow and her four children, bequeath ing but $100 each to his children by his former wife. Tho estate is supposed to be valued at about $5000. No Cluo Found. Although all evidence points to tho fact that Mrs. Beekman and her four children were mnrderod beforo tUo house was fired early this morning, both Sheriff Kelly and Coroner McGinn and their forces aro unable to unearth tho least cluo. Neighbors bcliovo that robbery was tho motive for tho ghastly crime, and tliat tho widow was in the habit .of se creting a large sum of money in tho house, but this idea is scouted by her attorney, who declares that she was an especially vigilant and businessliko wo man, who since tho death of her hus band, managed the affairs of Ihe estate in a most admirable manner. The condition of Mrs. Beekmans' skull further strengthened thc murder theory. A round break, such as is made bv a hammer, is ovor the right oy.c. The skulls of thc children are intact in each case. POWDER TRUST CASE TEN DAYS DELAYED WILMINGTON, Del., Feb. 2(5. Tho hearing in tho action of tho federal government against tho E. 1. Dupont DoNcmourH company and associated powder companies on charges of ef fecting, a combination in restraint of Iradewas resumed in this city today. William G. Coyne, formerly head ot the sales department of the Dupont concern, in testifying, denied that pow der was sold to tho Equitable, Austin and American Powder companies ex cept in emergency cases. An adjourn ment for ton days was taken at tho re guest of tho government, to meet next in Now York. TARDY, BUT DESERVED HONOR TO COLUMBUS WASHINGTON, Feb. 20. Thc eon trrict for making a statuo of Columbus, to be erected in the plaza of the Union station in this city, has been awarded to Torado Taft of Chicago, a relative of the president -elect- Congress hns Lnpropriatod $100,000 for tho Columbus memorial. Andrew O'Connor, an Irish Americani sculptor iu Paris, hns been selected to make a statue of Commo dore .John Barry, which is to bo erected in Franklin park, in this city. Con gress appropriated $50,000 for this statue. WILLIAM COTTER RIC0RD, NEWSPAPER MAN, DIES nrNVBJt. Fob- 20. William fottor Rlcord. formerly otic of thc best-known m-wapappr mon of tho went, died lnat nlsht of pneumonia, need 5.. years. Mr, U'cord, In J8S2. was city editor of tlio SnT i Diego. California. 1'nloJs, and later w;irt connected with papers at Astarln. Or Seattle. Los Aimelcsi and .Snn Fran cisco. Mr. Itlcnrd wa a gruduiito of "U'nshlnEton university of M. J.oulx. Mr Tllcord was well known In Stilt r.t lCf'Citv. foni" Jlv vn;ir npn ho w:ih for Fvi'fal months teles ropta editor of Tho Tribune. . '1 AN EPISODE IN THE U. S. SENATE ' H THE SCHOOL DUNCE (Drawn from Late Telegraphic Reports from "Washington.) ' T Some Features , of ihc Big Sunday Tribune I i- In the big Sunday Tribune ! tomorrow will appear another ! i- chapter of that charming story, "The Lion's Share," by Oc- i- tave Thnnct, which has been v- running as a serial for several v weeks. J -I- "The Life-Saver" is the topic for the story of "Thril- I ling Lives," which "William A I- ! -7- leji Johnson is writing exclusive- v Iv for tho Sunday Tribune. You -r are interested in these stories. v You have been reading tho -I- solutions of Dr. Fnrnivall. This r series of stories has proven -r njost interesting. The one to -r -I- appear in Tho Sunday Tribune -J- v tomorrow is "The Black Hand y I- at Tony's." j. -j. I- If vou would know about tho 'r I- inaugural ball in the pension of- -I- I- lice, Reno Bacho will tell you in r I- tho big Sunday Tribune. Suppose you order Thc Trib- ! une sent to your home. Call cither phone, it will be dcliv- v ere d at your home or office. GIBBONS IS CERTAIN CATHOLICS ARE LOYAL TiA LT I MO It 15, Feb. 26. An nrticlo will appear lit the March number of tho North Vincrlrau .Review, by Cardinal Gibbons, in which the cardinal rovlows or refutes categorically the charges made by min isters of certain other denominations af fecting tho loyalty of Catholics. Cardinal Gibbons begins by saying that "Mfloun million Catholics, live their lives In our laud with undisturbed belief In tho porfeet harmony existing between their religion and their duties as American citizens. Lovo of religion nnd lovo of country burn together In the r hearts. Thev love thf.lr church as tho divine spiritual society set up by .Tonus Christ, through which they, are brought Into a closer communion with Cod. They love their counlrv with the spontaneous ami ardent love of all patriots, because It Is their country and the eoutco to theni of untold blessings. "They prefer Us form of government beforo anv other. They accept the con stitution without reserve, with no desire, as Catholics, to wo. It changed in any feature. They can with a clear con science swear to uphold It. "American Catholics rejolco In our enaratlon of church mid slate, and I can conceive of no combination of circum stances Ilkelv to arlsti) which would mako a union desirable either lo church or to state. W leave It to church ami state iu other lands to solve their problems for their own best interests. For ourselves, we thank Cod we live In America. 'In this happy country of ours,' to quote Mr. ltoosevelt. 'when; 'religion and liberty are natural allien.' " T TATT HAS BOOSTED -j-. PRICE OF 'POSSUMS -I- ATLANTA, (in., Fob. 2(5. 4- v From "() cents each to $10 is tho ! ! remarkable rise in I ho 'possum ! -r markel. within tho past inonlh, ! as a result of tho tcaturing of ! -r this marsupial in the recent. Taft v banquet. Atlanta dealers aro I swamped with orders from tho ! v- north and east, ono announcing I- today that ho had orders for ,"0lJ -I- at $10 each, tho prospective pur- I- chasers desiring them for pets. SENATE HAS MORE ' FliIIIT Utah's Senior Senator Conies Far Short of. Covering Him self With Glory. MAKES LABORED DEFENSE OF FORESTRY BUREAU Gets Badly Tangled AYhen Other Western Senators Begin to Fire Questions. Special to The Tribune. WASHINGTON, Feb. 2G. Senator Smoot came to the defease of the for estry bureau again loda'. llo spoke for nearly thrco hours and prolonged thc session until nearly S o'clock to night. Efforts to call him off proved unavailing. There wcro many amusing features connected with the speech. For example, when Smoot explained that the purchase of thrco steam launches Smoot called them "yachts" for use of forest rangers, at n cost of $2499, had made it possiblo to dispenso with the services of four men, Senator Bo rah asked him if tho men woro dis charged from tho service. Tho sen ator from Utah admitted they had not been, but adhered to tho statement that a saving of the salaries of four men had been made. He got into an al tercation with Sonator Carter and re fused to yield for a question. Later Smoot reconsidered and offered . to yiehl, but Carter declined his ofTers. IIo had a "run in" with Hepburn, who got so mad ho turned his back on Smoot and went out of tho chamber. Tilings Hard to Explain. Senntor Fulton asked Smoot why it was necessary to send forest employees out at government expense to lecture to the carriage builders' associations. "Does the senator think the forest employees know more about carriage building than the carriage builders!" inquired Fulton. "The carriage builders ovidontly thought so or they wouldn't have in vited the lecturers." "Then tho government should em ploy them as carriage builders instead of as foresters." replied Hurt on. Smoot said ia ono sentence that no honest homesteader had complained against tho forest officers without hav ing his wrongs righted. Most, of the complaints were based on falsehoods, he declared. Senators Borah and Piles told him he was wrong and Guggen heim read letters from many Colorado people complaining. Smoot. described one of Senator Car tel's constituents, Oscar Sharta. a pros pector, who had complained of forest of ficers as a "drunken sot, unworthy of belief." He declared that another "alleged homesteader" from Montana, whoso complaint against the bureau, Mr. Car ter liad voiced, iu the senate as a man Who "an "a saloon where men could go with ladies and no questions would bo asked." In truth. Utah's senator did not cover himself with glory. Index to Today's Tribune i I Departments. Tngo -b r Legislature 3 4- I- Society 5 J5dltorIal 0 j Mines 8 Markets 0 -- lntcrmountaln 10 ! V r Domestic. -! ''r Fierce attack In senate on for- -J- -I- os try bureau 1 4 v Taft wants to hasten revision of -I- tariff 1 ? Defense gaining ground In thc -j- J- Cooper trial 1 4- I- Widow and four children prob- -J- ably murdered; bodies burned.. 1 -j- -1- Senate has somo more fun with y Smoot 1 -t- I- x Local. -r -r Flks to give minstrel show 2 -!- Five wives and one husband - ' made happy 7 -y Thirteenth Kast street residents ! want street car line H -j- - K. D. Gammon found guilty of -j- embezzlement 14 4- Hoiintlful opera-house burns.... 14 -i- Contrnct Is let for big Improve- - -I- ments .11 -r Joseph Obcrndorfer dies sud- denly 11 4- j- National Guard banquet Is big 4 success - 11 .J. V I- .Sporting News. 4" Third major lcaguo for the -J. east 11 4- -!- L. D. S. basketball team wins 4- 4- title 11 4- Wrestling bout proves failure. 11 4, , , 4 CONSERVATION PLAN SENT TO CONGRESS WASHINGTON', Fob. 2C Tho "decla ration of principles" adopted by thc North American Conservation conference, which hoy Just concluded Us work here, In which certain recommendations aro made for tho conservation of tho natural resources of tho United States, Canada and Mexico, was today transmitted by tho president to congress. Thc president acknowledges "with sin cere gratification" tho prompt nnd cour teous response of tho governments In vited lo partlolpalo tu the conference. Tho president then refers to tho sug gestion made by the conference for an International conference on conservation, and savs that, acting upon this sugges tion, ho has addressed such on Invitation to tho nations of the world, "In the con fident belief that such a meeting will fos ter tho Interests of every nation and will conllrm and strengthen In us all the be lief that the ood of each Is llkewiso tho common good of all." EARTHQUAKE REGISTERED AT GREAT DISTANCE i NFAV YOKIC Feb. 2C An earthquake, which niav have shaken Central Amerlcu, was registered In the government observ atory In Havana, today, according to a special dispatch. Tho seismograph began to register at 11:21 o'clock this morning and the disturbance, continued Intermit tently for forty minutes. Tho area af fected scorned to bo 1700 miles uway. .jrr'?..?r-t fu.r..t-f''-.T-T-.,-i--r. ; ---- 4. RULBR OF MORMONS -j. REAOPIES HONOLULU 4- 4. HONOLULU, Feb. 20. Prcsi- 4- dent Joseph F Smith of tho 4- 4- Church of Jesus Christ, of Lai- 4- 4- tor-day Saints arrived hero to- 4 v day 011 tho steamer Alameda, on 4- 4 a tour of the Jdornion churches 4- 4 011 tho islands. He was greet- 4- 4- cd at tho wharf by a. large dele- 4- 4- gation of local Mormons, and 4- 4 was given an enthusiastic 10- 4 4 cop lion. 4- ... .1. 44-4vK-H-!!':H-4-4-H TAFT SMS TARIFF HIILJEJEVISED President-Elect Evidently De termined to Crowd Work Fast as Possihle. FAVORS APPOINTMENT k OF TARIFF COMMISSION Believes That Eevision Should Be Made Before Body Is Dele gated With Power. NEW YORK, Feb. 20. President elect Will iain II. Taft declared in an interview in this city today that a re vision of thc tariff is a primarj- requi site for thc relief of the present busi ness condition, and ho expressed thc hopo that tho revision would be ac complished by June 1. Speaking of this revision, Mr. Taft said to a roporter: "As this is thc primary requisite for tho relief of present conditions, I want to have it disposed of at once. I am hopeful that thcro will be important j revisions in tho existing schedules made by congress in an extra session, and I look forward to Juno 1 as 'the date when most of theso changes will bc como effective." Favors a. Commission. Mr. Taft's opinion was given after an interview with James W. Van Cleave, president of tho National Man t ufacturers' association, who called to urge tho creation of a permanent tar iff commission. After Mr. Van Cleave 's departuro, Mr. Taft 6aid that ho fa vorod such a commission but did pot favor its immediate appointment. He doclnrod that ho felt that tho presont tariff schedules are onerous to business, halting it with tho forco of a drag brake, but ho added that tho revision was all important first, and then per haps a commission. Such a commission, if appointed now, might block tho plan of revision as now contemplated. After the revision, tho commission would gather other data, watch the now law's workings and suggest amendments to it. Mr. Taft also niado public today a letter which ho sent to S. E. Payne, chairman of the ways and means com mittoo of the house at tho tariff con ference hold nt Indianapolis on Febru ary 1G, in which Mr. Taft wrote: Views Set Out "A tariff commission would be harm ful or useful as its functions wcro de scribed in the bill. My own ideas havo boon that thcro ought to be a perma nent commission of tariff experts to koep themselves advised by all the means possiblo of tho cost of production of tho' articles named in the schedules in foreign countries and in this coun try. 1 think what wo lack is evidence, and some such means might very well bo used for tho purposo of securing it. I should be tho last to advocate a com mission with any power to fix rates if that wcro constitutional, as it would not bo, or with any function other than that of furnishing thc cvidenco to con gress upon which from timo to time it might act." Mr. Van Cleave and IL E. Miles of Raciuo, Wis., chairman of tho tariff couimittco of tho National Manufac turers' association, called on Mr. Taft today as a part of tho committee from tho recent national tariff commission convention in Indianapolis. Asks for Information. Mr. Taft told Mr. Van Clcavo that ho desired to havo further information concerning a commission of tariff ex ports and would give it every considera tion. Tho present lull in industry, Mr. Taft said, was undoubtedly duo to im pending tariff legislation, but he thought with that knowledge in view congress would conclude its delibera tions at an early date, possibly in Juno. Tariff changes always halt business for a time, was tho op'inion expressed by Mr. Taft, and the sooner such legisla tion was drawn and adopted tho hot ter for thc country. Mr. Van 'Cleave said after Iub con ference with Mr. Taft that tho president-elect expressed his belief in a tariff commission to consider changes in tariff schedules from year to year. WILL GO TO PRISON FOR AIDING PRISONERS HELLlXCiHAM, Wash.. Fob. 20. Jo seph llcalv and Horace Ritchie this morning pleaded guilty to attempting a jail delivery at Mount Vernon nnd must serve "at lcnsl the minimum sen tence of five venrs in (ho, peaitcntiary. Monday morning last they were cap tured while attempting to cut tho bars lending to tho coll occupied by James Kolly nnd Joseph Vectl. charged with passing counterfeit money, and they admitted that they belonged to a gang of counterfeiters and woro attempting to release their confederates. Tho irony of fato is shown in tho fact that Kelly and Vocil wcro acquitted by the jury last evening. SENTENCED TO HANG, I ANXIOUS FOR THE END DKJ2R LODGE. Mont.. Feb. 20. Con vict William Hayes was for tho second timo today sentenced to be hanged for his pari fn the attempted escape from the penitentiary a year a"o, in wnich Chief Guard Robinson was murdered. (Jcorgo Hock, Hayes's pal, has already paid for the crime with his life. Hayes must hang April 2. IIo said today that lie was anxious now to mount tho scaf fold and be all over with itt as soon as possible. K'ock was Ihe ringleader in Ihe attempted prison break, and Haves rlnimcd that Rock forced him into the plot on pain of death if he did not join in thu attempted escape. t DEFENSE GAINING I IK Cn TRIAL I Evidence That Senator CarmacK H Was in "Ugly Mood" Before H Meeting Slayers. COURT RULES OUT I I CONTRADICTION OF STATE H l Day Marked hy Bitter Wrangles Between Counsel for Prose cution and Defense. NASHVILLE. Tenn., Feb. 2G. Tho ninth day of actual testimony in tho jH trial of ihc Coopers, and Sharpe, IH charged with murdering former United States Senator E. Vv. Carmack, was jH marked by bitter argument between opposing counsel and closed with a decided advantage for tho defense. At tho same timo an interesting law point was uccided by Judge Hart. Thc defense offered proof that Col- jH 9nel Cooper was told by Edward. Craig, IH wlit.-m tlc colonol had sent to see Sen ator Carmack, that Carmack was iu an "ugly humor." Tho caso of tho dcff-n.se was based really upon this on! IH cxp tssion. for Coioncl Cooper and Robin both testified that they armed themselves because they were led to believe from ihe romark Carmack might attack the colonel. The stato then of fered to prove by two of tho dc fonso's own witnesses, Major Vortrces and Assistant Insurance Commissioner fl T. Leigh Thompson, that Carmack was ' jJ not only not in an ugly humor, but laughed at the idea of trouble. Making Hard Fight. Tho defense fought the admission of this testimony with more vim than has characterized any argumont since tho trial began. Counsol declared the state could cross-examine only on such mat ters as should be gone over in direct examination. On the question of Major Vertrccs's testimony. Judge Hart excluded the jury and" permitted the stato to exam inc Major Vortrces for thc court's bene fit. .IIo admitted all that thc stn,tc said he would, that Carmack laughed at thc ?dca of trouble, said he had done nothing to provoke it and that ho wanted a revolver simply to satisfy his friends. Tho court held with thn 1 defense that tho testimony must be ex eluded. When T. Leigh Thompson was or, tho stand almost the same question arose. Judge Hart then said hcs would render final decision on the poiu to- tM morrow, but intimated that, unless the state had discovered some new author itios to support its contention, . he would rule out the testimony. It was during this last argument that fM ono of thc most amusing incidents of thc trial occurred. Absent-Mindod Judgo. Judge Hart was listlessly, and with a bored air to3'iug with the revolver said to havo been taken from Colonol Cooper thc night of the killing. AH at once, Attorneys Garner and Wash ington began to "indulge in personal! tics. The court sat up quickly and, thinking he held the judicial gavel in his hand, proceeded lo pound the tablo vigorously with the butt of the weapon. Everybody in thc room laughed, the judge "blushed, dropped tho revolver, and remarked: "Now proceed with tho lawsuit." Revolvers played a prominent part in thc day's hearing, and testimony . jH was much to tho advantage of tho de tense. The prosecution had gone upon , tho theory that tho revolver with the two empty shells, found near Sen ntor Carmack's body, was in reality Colonel Cooper's, and that tho re- JM volvor introduced as Colonel Cooper's, which had not been discharged, was tho one the dead senator carried. Major Vortrces, however, who loaned IH Senator Carmack the revolver, idonti- VM tied tho 0110 found near his body, 'with two discharged shells, as the ono he had loaned the senator. Police Commis sioner Hutchinson identified the re- volvcr which had not been iircd as the ouc ho loaned Colonel Cooper. PROMINENT PIONEER OF CALIFORNIA DIES H OAKLAND, Cai.. Feb. 2(5. Edwin IH Goodall, head of the shipping firm of Goodall, Perkins & Co.. business part nor of United States Senator Perkius, and a pioneer of California, died sud denly today of apoplexy, aged sixty five years, Dining tho last two months Goodall IH health has been failing and he retired from active business. At tho time of ' jH his death ho was surrounded by his IH family. lie was one of the most wide Jv known transportation officials it California, nnd was formerly president of the Oregon Railway and Navigation company. For nearly half a century the firm , of which he has been the head was one IH of the leading steamship companies iu IH S:iu- Finncisco. The deceased leaves a widow and two children. Thu funeral will be held next TRANSCONTINENTAL RATES TO BE CUT CHICAGO. Fob. 215, Important reduc- 1 lions from Ihn new schedules of transcon- IH tlncntal freight rates, which have been In IH olfect since January 1, have been agreed H upon bv the railroads, according to an- . 1 uouncciiicui made tonight after a confer- H once of railroad officials In thc trnnscon- H tlncntal freight bureau, which has been ) la session here since January 2S. , H Tho concessions am In many cases a r restoration of rates In effect before tho IH llrst of tho year, and amount tu from 3 ' to 2o per ecu t- - H 1 I