Will Never Be Able
ignize His Measure
END IS NOT YET
. ALL APPEARANCES
ite and House Take
pus "Whacks" at
TON, May S The tlisinan
idmlnlslrntiou bill proceeded
the traffic agreement prl
flmlnatcd both by the senate
'Tho senate also struck
12, which would havo pcr
tiiroad owning fiO per eont
absorb it altogether,
x. prohibiting a railroad
Ighor rate for a short than
?as adopted by the house In
ortcd by the eommitlco on
nmcrcc. but with an addi
m and rcpoit to congress by
6 section corresponding to
ill as It is pending in the
In amendment offered by
)urn today to modify tho
ilmllarly precipitated an cx
c. which wau In progress
iKaUlng, each house 13 bor
14b. separate bill the senate tn
gthlU introduced by Senator
Ipoune in the bill introduced
Uftativo Townscnd but tlic
Sjutsct were identical, though
3giic committee that reported
gjChance for Butchery.
3oh of the bill has yet to bo
TwV own house and then will
ifiS0 tnC lcIlclci morc'cs
Jlher will ever emerge from
ifec of Joint conference Is a
iflyls prepared to prophecy.
f3fit was reported to the scn
ejeks ago has the bill been
yjjfwllli such celerity as to
ffctlro programme outlined at
'iSeonferenco o tho Ropubll
carried out. and cxtond
succjfislon tho Cummins
rd-Elkins amendments to
cement provision were
the entire traffic and
is stricken out.
ifter tho bill was taken
c, Mr. KIkins, in chaise
loacd to lay on the table
.mendmciit requiring the
igroenicnls with rates by
:omnierco commission In
idr tuklng effect. Mr.
bo trouble of a vote by
amondnicnt- The Demo
ed to vote against the
lslon In consideration of
of the Clay amendment
e entire section,
.explained the majority of
W icommerco commission was
if rolt the section to go out.
M tio apprehension It would
ifcli tl-truat law as applied to
'aald ho intended' support
,Z amendment, but explained
VrT !i before the senate it was
' the Cunnnlns amendment
Line Will Wait,
rrfie believed his provision. If
S& bo bonoficlul to tho pub
jtclhri would rc-offcr It in con
gyjRa section to be taken up
rOwared himself much gratl
Kjirospcctlve elimination of
"Ttflc agrcemunt section.
f.Wfoto lay on tho tablo was
kirawn by Mr. Klklns, who
gjprj.tbe Crawford-EIklns sub
notion was acquiesced in by
iBmS but not without protest.
it a that the Crawford nmend-
bnatltuto a compliance with
0 ,waa challenged by Senator
'-gig said .the purpose of thai
irjikd been to insuro against
T'Jihlch tho Crawford amend
tL lot accomplish.
pendmont, striking out the
yZ m then presented and ac
jttlt division This action was
TAaJatciy by adoption wlth
5fc& motion by Senator Ncl
ay3jptlt section 12, which cov
Stlon of merger,
pjburn on Hauls.
,.J6 then precipitated the de
ky by presenting an amend
4?P"t a greater charge for a
".mt!a- ,iau'- He spoke at
1ifrott of his amendment, pro
jgigLjinstaiices of alleged dis-.'-lajiy
of his statements were
rglSonator Aldrlch. and a con
jfflft m which sevenil ecna-
fiat apparently there wore
ilfiinjusllcc Mr. Aldrlch said
' itM 10 ",la a remedy. Dc-
, Vlfeny cities such as St. Paul,
fuid Denver had been built
Saroads, ho asked Mr. Hey
iho advocated their annl-
,VM Interest, for Instance, of
itlW Pltce in Idaho, IIo do
njid JjWej'burn's contentions car-
afHMgitliuato end, would eon
ST A! central part of tho coun-JpW-
WJPjoId siren song " rospond
W1" He would not admit Its
'ifjind declared If the tcr
y'ljjfor tho railroads wore fnlr
LiWlvo thoro could bo no In
,t,i5relng tho panic prices for
fi'Mf nmcnd:nMil was under
)?ljon tho senate adjourned.
, in the House.
jJjbcgun on amendments- to
urfort naul section after two
ffn tlto house,
JIBS an amendment by .Mr
il slrl,c o't the j)io
W'jfjrmlt the making of low
kjiffn vIcw of watr competl-
t, !StTnJ- oTcrcil by Mr. n.Vash
nSachuHetta to strike out tho
)JJJl'jelatlng to the long and
fSSfluso. leaving the law un
?uJ51Falio defeated. IS to 171'.
ulU'JjWepted an Qinendment of-"-'SK10"8
of Minnesota pio
fJllnvci,t,BtIoii of facts re
'' '?(&jPnK nnd a'lort haul. Tho
niiflP to ,ons lulfJ "I'ort
JjBPM then agreed to In prac
lfS5iin 'l wa reported. As
tfJK? house tho section pcr-Tjer-flt.tp
charge low rates for
,JT" water competition, only
&m?r. fnl0H ,iavu nLcn ai-
t n,tato commerce com-
JjKauthorlKlng tnifdo ugrcc
'(iC railroads wiw then taken
Ib'.'SM? 1?? Michigan offeied an
tgyl'g In caso any such
Present Yield Not Hall Up to
Standard, Says Secre
tary of Agriculture.
WJLSON IS RECEIVED
WITH VARYING MOODS
Half of Great Audience Stand
Up and Others Shout,
ST. JOUIS. May That, tliu farms
of the United States are not produciue
half what iliey should because of a
lack of practical education among
farmers was the slatcmcni mado 03
Sccrcfar3' of Afiriculturo Wilson in an
address tonight at the Farmers' union.
Secretary Wilson received .1 mixed
erecting from the largest audience thai,
has 3fof, attended the sessions. A mo
tion that the delegates ariso whon the
sccrefur3" entered wae voted down with
cries of "Ho's no better than wo are!"
When lie appeared about half the au
dience stood up while the others shout
ed "iSit down!"
Fro was roundly applauded a( tho con
clusion of his "address, however, and
presided during llic ;est of the ses
sion. "T believe the solution of the cost of
living problems lies in good hands,"
said Air. Wilson. "Tho fanners aro
awake, and no country is in danger
wh'on that is the case. I havo investi
gated charges that the farmers have
combined to put. up prices and rob the
community and havo found they are
Fanner Needs Education.
"In tho past the manufacturers
ashed no quest-ions as to the continued
fertilit- of soil and no oflort was made
to educate tho farmer, while the edu
cation of the farmer's son, to leave the
farm, wont on. Manufacturing will not
succeed without an abundanco of food
at reasonable prices, and now that
the. farniH in tho east have fallen awa3'
below tho standard of productiveness,
tho manufacturers arc awakening to the
danger of the underproduction.
"The government continued for half
a centum to give away fertile lands un
til now we have' little loft but dry
lands. The farmer in tho old da3's was
a good-natured person, working for
what wages ho could get and being
glad of it. while his sons went away
from the farm.
"A new day has come. Our popu
lation is increasing a couple of mil
lion or so a 3'car, and our production
is not keeping pace with this growth.
Prices havo gone up. Something must
"Of the fourteen slates of tho 'Mis
sissippi vallcv not ono is producing
half tho crops it should, because the
farmers havo uot hcon taught scientific
fanning. We can and will, ultimate),
doublo every crop we're growing, and
at the same time caro for a population
of UOO.000,000. When we've done that
the agriculturists of that day will show
how to doublo crops again.
Work of the Govemmout.
"Tho government is straining ever)
effort to improve the soil and is accom
plishing wondorful things, but thoro
remain other tilings to bo done.
"We aro forgetting tho old homo
economics. One of tho best things 1
could recommend to v-ou would bo tho
appointment of a committee to study
the economics of the homo. Rice", sold
at wholesale in Louisiana at 2 cents
a pound, costs S cents a pound in the
north in a papor bag.
"Tho farmer must bo educated. We
need a countr)'-wido university. Tf I
had nothing cl60 to do T should be
come a lobb)'ist in my state of Iowa to
demand that agriculture bo taught in
ever)' one of the thirty or more col
leges there. Tf we teach tho young
farmers, the old farmers will soon lake
"Wo must keep our 3'oung farmers
on tho farm. Immigrants who have
lived on farms should be placed on
farms whon they come to this country.
"We need agricultural teachers. We
need agricultural toxt books, but where
are we jroinc to get thom? Some day
we will havo a primer and all tho read
ers. And that will bo a Htep."
Yonkuni Storm Center.
B. TP. Yoaknm, chairman of tho ex
ccutivo board of the Frisco S3'atem,
was the center of a demonstration late
this afternoon at. tho conclusion of his
address at the Farmers- union conven
tion whon ho spoke on the subject of
the high cost of living and; conserva
tion. As he concluded, a scorn or more dele
gates numpcd to their foot, and hurled
questions at him.
Yoakum nttompted to answer some
of the questions, but could not make
himself heard. Order was finalb re
stored and the union officinls apolo
gized lo Mr. Yoalcuni.
Most of I ho questions directed at him
scorned to relate to tho failure of the
railroads lo grant reduced rates to
'P. A. Jloverstad, superintendent of
fanners' institutes of North Dakota,
spoke tonight on "Practical Education
for the Farm Youth."
TREASURY PAYING UP
THE CHEROKEE CLAIMS
WASHINGTON, May 3. The treasury
department today la.-f-an Issuing- warrants
In paymont of tho so-called Cherokeo
claims, which amount to about $3,000,000
and for which an appropriation recently
was mado by congress.
There aro 'iO.'ilii bcnc'lciaricn. each of
Whom will receive something: over $133.
Three-fourths of tho beneficiaries reside
west of tho Mississippi river.
One thousand warrants will bo issued
dally and It will take tho entire month of
May to, pay nil tho claimants. Tho claim
Is an old one. datlnr; back to tho early
part of tho last century, so that the
amount belns paid Is largely Interest.
Japauoso Town Burns.
TOKIO, "May S. Aomorl. a. flourishing
Heuport on tho north shore of tho main
Island of .'fapan. was vlnltcd today by a
conflagration which destroyed two-thfrda
of tho town. The census of 1900 gave
Aomori a population of 15,000,
DID THE CENSUS MAN MISS YOU ,
' . Or, Did You Miss the Census Man?
New York Detective Tells a
Weird Story toPpJu;e Court
After Making Raid.
PUPIL'S OF ACCUSED
MOSTLY YOUNG GIRLS
Some Serious Charges Made l)y
Alleged Victims; Hypno
tism May Explain.
NEW YORK, May 3. It was a strango
story which Detective Callahan told the
polico court today in describing the
raid last night on tho Mystic Temple of
"Ora," a young man who Is entered on
tho police records as Pierre A. Bernard,
a native of India.
"Om" was arraigned on the charge of
abduction, after tho detectives had found
him In a luxuriously appointed house
where ho taught physical culture and
languages, surrounded by a number of
pupils, mostly young women. Some of
his girl pupils said Bernard represented
himself as a "Swaml" from India,
"When I pushed open tho parlor
doors," Callahan testified at tho hearing
today, "Bernard was standing on a glass
glob tlmt wom on a hair mattress In the
center of tho room. Jle was going
through some peculiar gyration. Five
girls and Beveral men, all In bathing
suits, were gathered around him trying
to repent the movements.
Miss Zela Hopp said she went to Ber
nard's place last October nnd consulted
him about a method of curing her of
heart weakness. Bernard told her sho
must come to the place and stay for a
time, which sho did, first paying him, she
testified, a fco of $100.
Miss LIopp told the maglstraJjcT that
Bernard had a peculiar lnfluenco over her
and that sho believed ho had hypnotized
her. Sho made grave charges ngalnst
Bcmnrd While she was in the place
sho met Miss Gcrtrudo L,cvy of Tacoma.
Wash., another "student," and when she
got out she thought sho ought to advise
Miss Levy's sister, a Mrs. llanford of
Tacoma, of what wius going on. Tier let
ters brought Mrs. JIanford to New York
and the two women complained to the
Bernard was held In 515,000 ball.
RICH OSAGE INDIANS
HAVE PROTEST TO MAKE
WASHINGTON, May 3. A delegation
of Osage Indians of Oklahoma, the rich
est tribal nation on earth, arrived In
Washington today to protest against any
effort to reopen the enrollment of their
The rolls of tho tribe closed In 1907
show that there aro 2230 members of the
tribe. The wealth of each Osage, In
cluding lands, is estimated to be from
$'.10.00(1 lo $30,000.
Kach member of the nation owns 57"
acres of land and la entitled to $3800
of trust fundB. They have been granted
title to the nurface of the lnnd, while
the underlying minerals havo been re
served to the tribe for a period of twenty
live years from June 28. 1006. The lands
are rich In oil. the royalty on the produc
tion of which In November, 1900. yielded
tho tribe GO, 248 barrels, or 22.53 barrels
DENVER. May 2. Mlsc Idollo Phelps,
dnughter of A. (J. Phelps, and prominent
for aovoral years In Denver aoclcty. was
found dead In her room today from the
effects of poison, taken, it la presumed,
with suicidal Intent. She hud been in
Index to Today9 s3. ribune
n ' ,VHV H-T
I- Departments. Pago v
Society ."'n -
I- .Mines 8
I Markets 0
'h Railroads 10
Intermountain ,...13 -I-
4 Senato and houso chopping railroad
bill i 1
" More testimony against Dr. Ilydo.. 1 !-
n "Myntle" of New York In toils of
I- pollcu 1 .J-
2 Tlelnze'.'i part on copper pool not r
-I- shown J
v Secretary of agriculture says farm -I-
I- should be more productive 1
r Local. v
-h Another big land project near Mil-
I- ford -l
4- Important special ' uu-eling of
4 school board next "Monday H -J.
-J- Funeral of H. Wilbur Wlllard IG
! Superintendent Christcnsen on I
1 summer school 1
J. A. E. Vaughan dies as result of
-! electric shook .16 4
-J. Greek slabbed In throat IB
i- Grand theater to reopen 1G
United commercial Travelers' out-
! -ing 3.
Father Dubois on Roosevelt and ;
Rome Incident 1G -I-
I- Strango encounters of census
enumerators I t
Sporting News. r
! Jeffries likes to train regularly. .. .12
r Coach Stagg does not like new
r football codo 12
Pete Sullivan and "Cyclone"
Thompson sign articles of agree-
4- Barney Oldlleld gets his car ready. 12
OF IDAHO DIES SUDDENLY
Spccial to Tho Tribune.
W13IS13R, Ida., May 3. Dr. J. "U Co
nant, Jr., one of tho most prominent
physieiaua of tho state, secretary of the
stato medical board, and for several
years a member of the board of medical
examiners, died at Josephine hospital,
this city, today. Dr. Conant, although
III for several days, was not Aousldcrcd
to bo dangerously ill. Heart failure was
tho cause of death. He was a prominent
Mason and Knight of Pythias. He re
sided at Goncsoe. Ida., bofore removing
lo Wclsor. He was surgeon in tho Idaho
roglmcnt during the Philippine war. "He
leaves a wife, four children and a father.
Interment will be at Welner.
MUCH WASTED I
CHICAGO. May 3. "Enounh energy
and money was wasted by rivalry and
ovor-lupplng of the different denomina
tions inVmcrlca to preach tho gospel to
the entire world. Wc. must get together
and stop this waste."
Bishop Charles P. Anderson of Chi
cago made this declaration to delegates
to the groat Men's National Missionary
I IIALLEY'S COMET
? RISES AT 2:41 r
t A.M.THURSDAY j:
i (Copyright, 1010. by Frederick
S. Campboll.) 4.
4. May 4 Halloy's comet rises 2:43
4 a. m. today: 2:41 a. m, tomorrow, .
4. Sun rises 4:-it. Comet's speed today 4.
J. about 1737 mllos per minuto.
X NOTICE AS TO TIME. , X
4. Tho time given in these bulletins 4'
4- is meridian standard lime. Whoro 4
4 that differs materially from local 4.
4. time, and if local figures aro pro- 4
4 ferrod, alter by subtracting the ne-4-
ccsaary minutes for both sun and 4
.- comet, if cast of th meridian: or
4. by adding. If west of tho meridian.
4. The time given in tho bulletins, 4.
however, is thought to be sufficient- 4
4. ly scrviceablo everywhere.
4. in tho mountain region, partlou- 4.
J- larly In Salt l.ako, tho mountains 4'
prevent a gllmpso of tho comot tin- 4
X tn about an hour later than the 4
4 time Indicated. 4
Former President Leaves Cop
enhagen En Ronteo City
TWO FINE LOVING CUPS
ARE GIFTS OF THE DANES
Departure From Danish Me
tropolis Marked by Fare
well From Great Throng.
COPENHAGEN". May 3. Theodore
IxoosevcJt left here at J);.''0 tonight for
Cliristiania, where he will arrive short
ly after noon tomorrow.
At Cliristiania the feature of his visit
will bo tho Nobel prize speech. This
will be delivered Thursday nflornoon
in the National theater. An enormous
crowd gathered at. tho station to bid
farewell to the Rooaevolt part3.
Minister Ean had been invited lo
go to Christiania, but remained here,
having ,iust rccoived nows of the doath
in the United States of his wife's
Colonel Jioosovclt was tho recipient
today of two loving cups, one bearing
tho DaniEh eoat-of-nrins and tho othor
the Anipncan arms, and also of four
plaeques from tho Itoyal Porcelain
works, upon which wcro pictured sev
eral wild beasts. Tu making tho pro
sontatiou the mannger of the works
told iMr. Eoosevclt they were "wild
beasts of Africa."
Not Teddy's Elephants,
Mr. Itoosovclt aceeptcd the plncqucs
graciously and while examining the
figure of an elephant, looked up sud
denly and Bmtluigly said: '-This is
not an African elephant. "
"That is (juito truo," replied tho
managor. "Theso plates wore mado
especially. Wo have no study of Afri
can elephants and so used Asiatic."
,Tlio incident caused a great deal of
amusement, and tho colonol remarked:
"I am very glad to havo all kinds
of elephants. n
Tho municipality gave a dinner at
tho city hall in honor of tho c.v-presi
dent, which ivsia attended by 250 of
tho loading men of the city. ' Tho lord
mayor presided, and all the members
of the cabinet wore present. Tho
mayor propoHed the health of tho guest
of honor and tho company cheered as
he eoucludod: -- Long live lioosovolt! "
.Mr. lioosovolt in responding touched
on the simiJarity of tho problems con
fronting all free countries,
During the couruc of tho day the
Kooscvolt party motored to ISfsiuoro
(Helslngoorl, where great interest wus
shown in the old Elsinore castle, tho
seeno of " Hamlet." Tho party re
turned to Copenhagen on tho steamer
Queen iMnud, which passed between
squadrons of Danish and Swedish war
ships that accorded honors to tho for
mer chief executive of tho United
States which aro usually paid only to
COLORADO INTERESTED IN
DENVER. Colo.. May 3. Tho Colorado
ctatc board of immigration today aH
Hlgned 228 feet floor apace at tho United
States land and irrigation exposition,
which will be held at Chicago next No
vember This will provide for about
twenty booths. Space for exhlbitn will
be assigned to the various counties and
cities of the statu through tho stale bourd
Most Important Witness for
State in Hyde Murder
Trial Is Heard.
PRESENCE OF CYANIDE
vAND STRYCHNIA ALLEGED
Day One That Seems to Bode no
Favorable Outlook for
KANSAS CITY. May 3. Dr. Vict.or
C. Vaughn, toxocologiat of Ann Arbor,
Mich., and regarded by tho stato as
its most important witness in the Hyde
murder trial, began his testimony lato
Searches for poison made by him
nlono and' also with Dr. Walter S.
Haines of Chicago, said Dr. "Vaughn,
had resulted in the discovery of the
Tweiit-si-c thirty-thirds of a grain
of strychnia in tho eutire liver of Colo
nel Swope; signs of cyanide in the
stomach; a trace of strychnia in a
kidney; a suggestion, but no positive
proof of cyanide in tho stomach of
Chrismau Swope; strychnia in the con
tents of I ho stomach of Miss Marga
rot Swope; cyanide in capsules said to
havo been thrown into a street 1)3' Dr.
H3dc tho night he was expelled front
tho Swope home, last December .IS.
In reply to hypothetical questions re
garding the convulsions of Colonel
Thomas IT., Chrisman and Margaret
Swope, Dr. Vaughn said, in his opinion
they had been caused by Hip adminis
tration of somo convulsive poison. Cya
nide or slrychuine would produce such
symptoms, said tho witness.
Sums Up Conclusions.
Judging from his investigation of
the tragedies, said tho toxicologist, he
did not believe Colonel Swope died
from apoplexy or uraemic poisoning,
or Chrisman Swope from meningitis.
While on the stand Dr. Vaughn pro
cured what was purported to .be stri'di
nia takon from the liver of Colonel
Swope. Attorney Reed hold up the
exhibit and nnnounced what the scien
tist claimed it was. Dr. Tlyde laughed.
Mrs. Swopo cried. Mrs. Hyde listened
attentively to the attorney's words.
Jurvmen were permitted to look at
tho alleged drug through a magnifying
glass. Attor.nc'S for Dr. Hyde made
strenuous obiec'tien to this, but were
overruled. There probably was a two
hundred and fiftieth of a grain of the
drug in the case, said the expert. One
half a grain, he testified, would kill a
Strychnia when 'administered with
cyanfdc, said Dr. "Vaughn, would have
a' tendency to prolong life. Had spots
such as are said lo have appeared on
the limbs of Colonel Swope after his
convulsions mighty indicate cyanide
poisoning, tho physician testified.
Dr. Haines was the only witness be
sides Dr. Vaughn today. Ho said the
traces of strychnia he said ho found
in the bodies he examined referred to
particles of the drug of less than one
two hundred and fortieth of a grain.
Reviow of Testimony.
In his lestimoii3 yesterday Dr. Haines
told of iudiug traces of str3'chnine in
the electa of Margaret Swope, in the
brain and stomach of Colonol Thomas
H. Swopo and the liver and stomach
of Chrisman Swope. There wns no large
amount in either case, ho testified. Cy
anide was found by him and Dr. Vic
tor C. Vaughn in the stomnch of Colo
nel Swope nnd on capsules which Dr.
H3rdo is alleged to have discarded in
a street in Independence, he snid.
The motion made by the defense yes-(erda-
to strike out tho testimony of
Dr. liainos, on the ground that it was
speculative and irrelevant, was over
ruled b3r Judge Letslmw at the open
ing of court tod3. The court did not
pass on tho motion until it had read all
the scientist's testimony.
Envelopes which contained tho cap
sules and the cards upon which they
were fastoncd were offered in evi
dence. Stains upon tho paper wfcre
mado by cj'anido and melted snow, tes
tified tlio witness. Thoro wns no pos
sibility of tho poison found having
como from nny oonstituont part of tho
paper, said Dr. Haines. . A small frag
ment of a capsule was also exhibited.
"AVhat is the odor of cj'anido?''
asked Mr. Eocd.
"'That of bitter almonds,' ' replied
This odor could be readily detoctcd
on tho hnnds after cyanide "had been
handled, testified the ph3sicinn.
Describing the nature of cyanide, Dr,
'-The poison may disappear from a
body in a few da3's or may remain for
several months. It is a volatile poi
son." Embalming fluid would harden the
tissues and tend to prevent the escape
of tho poison, said tho toxicologist.
Volatilization of tho C3'nnide would
bo prevented, in a niensifre. if n bod3'
was frozen, said tho witness.
Quostion of Amount.
'What aro falal doses of str3'chnine
and ej'auido?" queried Mr. Rood.
"A. third to n half grain of str3ch
nino and from three lo P.vp grains of
cyunidc,' answered Dr. Haines.
Attorney Walsh took tho witness.
"What do you moan by a trace of
strychnine?" asked Mr. Walsh.
"An amount so small that, it can
not be weighed." rpnlicd the witness.
Further questioning developed that
str3'chnine in amounts of 1-G10th of a
grain could bo weighed.
The frequently dlseusded question of
the admissibility of the testimony regard
ing tho attempts of Dr. Hydo's reprc
Heutatlvea to obtain tlw vlucer.m from Dr.
Haines wna argued again today. Tills
question occupied tho greator part of the
morning. Tho testimony was not ad
mitted. When on 'March 3 the flrst demand was
made for the m-gans Dr. Ilaliie,i had ad
mitted that no poisons In dangoroua ciuan
lltlen had been found by him. Mr. Walsh
therefore hold that It wuh only fair ai
that time to have permitted Dr. V,. 13.
Smith, one of Dr. Ilydc'a chemists, known
Continued on Tago Two.
FAIL TD REVEAL I
HEINZTS PART I
Two Days of Testimony to Unit
ed Copper Pool Prove
CONNECTION OF DEFENDANT
WITH DEAL NOT SHOWN H
Court Rebukes Government At- "B
torneys for Taking Up
Time As They Did.
NEW YORK. "May .'.After being told fl
plainly by Judge Hough that he had fallod
In a two days' effort Co connect F. Au
gustus Hein.o wtlh the so-called pools
In United Copper stock In 1007, United
States District Attorney "Wise lato today
abandoned hla attempt to put in the rec
ord of the llcinzc trial evidence to this
Balked at almost overy turn, cither by
tho rulings of the court or by falluro of
his witnesses to recall the facts sought.
Mr. WIko showed his chagrin as he gave
up the quizzing of Max II. Schultzc, a
member of Otto Ileinze's tlrm.
Previously Judgo Hough hurl told the
"1 have sat for two days listcniiiK to
testimony I thought would be connected
with this defendant, but no connection
has been established."
TIcluze's attorneys, showing their pleas
ure, then brought out by eross-extimiiia-Hon
parts of Sehullze's testimony favor
able lo the defendant. The witness said
a letter written by Helnzo to ,T. fj. Bach;
& Co.. guaranteeing the linn's account
with Otto Jlclm-e & Co., and with Schult. -covered
transactions in other stocks Ilia 11
United Copper. The account, his sold.
was closed prior to October I I. 1U07, tho
date of a $700,000 loan, made by the Mcr
cantlle National bank to Otto ILcinzc &
Mr. Wise tried hard to make Schultzo
admit thero was a "geiillcmairs agree
mcnt" regarding United Copper stock, be
tweeon the Hclnzo brothers and himself, B
but ho failed to do so.
District Attorney Wise Introduced ovl
denco to show that the controlling Inter
ests In United Copper were the Hclr17.es.
Ho then got Mr. .Schultze to testify that
hundreds of thousands of dollars paid in
dividends on the common stock of United BB
Copper on January 30, Ut)7, and April
20. 1007. to P. Augustus Uolnze and I. la
relatives were deposited to the personal
account of Max Schultze In the Mercan
tile National bank.
Acted a3 Clearinghouse.
Schultze said he acted as a sort of
clearinghouse or trustee for certain hold
ers of United Copper, but did not know
all tho holders of the stock. lie did not
explain to Mr. Wise's satisfaction how ho
discharged this trusteeship If he did uot
know all for whom .ho was acting.
"I want to prove by this evidence con
cernlng the dividends," said Mr. Wise.
"that the dividend of this company
(United 'Copper) was paid out of capital
and thai overy time it was paid It tend
cd lo reduce and lower the value of the
"Now, Mr. SehultZ'i." said Mr. Wise,
"were not the personi for I he most part
who received these checks not entitled tu
them nnd turned them over to you'"'
"Yes, that Is ," said Schultze.
Tho witness admitted talking to F.
Augustus Mclnze In 1007 nl various times.
but only about the condition of the mar-
Mr. Wise was believed to bo trying to HBV
lead up to a point which would show
who was in the alleged pool In United pBfl
Copper stock In 1007.
Pail in Efforts Made.
Efforts of tho prosecution tu introduce
evidence showing the alleged connection HBb
of R Augustus llcinzc with the United
Copper company were defeated by tho
ruling of the court that the memoranda
offered were of too remote date to affect
the pending case.
Just before the recess Judge Hough
called tho lawyers before him and look
Ing hard at the government counsel,
"I have sat for two days listening to
testimony that I thought would bo con
ncctcd with this defendant. No such in
tcntlon has been established."
With this Judge Hough turned abrupt
ly and walked out of the court room.
Katz Is Sentenced.
NEW YORK. May i. Charles Ka'tz,
who was found guilty of larceny by a
Jury In the supreme court Inst night, Bl
was sentenced today to serve an inde- Hfl
terminate term in the ponlteutiary. Ball
was fixed at ?:t5,onO pcndlpg appeal, lvatz
was charged, with Donald Persch and
others, with pledging $110,000 worth of
copper stock, put up wilh the Wind
sor Trust company by an agent of F.
Augustus Hclnzo as security for a ?50,00')
OF ILLINOIS IS DEAD
T.OS ANGELES, Cnl May 3. John L.
llcvorldgc, former governor of Illinois.
died today at his home in Hollywood. Mr.
Bcverldge, who liad reaped advanced
years, had been In falling health for scv
era! woeks. For many ycni-s tho de
ceused was prominent in politics in Till
nols and the middle west.
CHICAGO, May rt. John T.ourle Bevor
Idgo sensed four years as governor of Illi
nols. beginning In 1S73. lie entered tho
volunteer army In 1S6I tin major of thw
Eighth Illinois cavalry nnd participated
In tho battles of Fair Oaks. Malvern Hill,
Froderlcksburg and Gettysburg.
In tho wintor of JS6H--1 he recruited and
organized the Seventeenth Illinois cavulry
or which he was colonel. Tic served to
the end of the war. when he was mus
tcrcd out with the brevot rank of brlga
In 1S70 he was elected congressman-at-large.
Two yearn later ho was chosen
nontenant governor, and when Governor
Oglcshy wns elected to the senate Gen
eral Bcverldge succeeded him. He moved IH
to California fifteen years ago. IH
Kuohn Boverldge and Baroness Tiny IH
Von Wredc arc grandchildren of the de- IH
No Clew to Murderer.
DENVER. May 3. No cluo has been
found to the murderer of Jesse W. Love,
n gardncr who was mysteriously shot to IH
death here last night near his home, a IH
few miles from tills city. Love was
aroused by Uie persistent barking of his
dog and went out to Investigate. Love IH
left a largo family. H
Typical Proncli Duel.
PARIS, May 3. Count Ismacl Do I.os
scps, son of Count Ferdinand De Lesseps
and an officer of a calvary regiment. IH
fought a duol today with Count .Tiist Do lH
Follgny In the Pare des Princes. Six
shots were exchanged, but neither wan H
hit The two antagonists left the Held
without a reconciliation.
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