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Evening star. [volume] (Washington, D.C.) 1854-1972, June 03, 1907, Image 2

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Panel Completed at Boise This
v Afternoon.
Challenge Against Last Juror Denied
by Judge.
Remarks by the Court?Jurymen
Sworn in Promptly?Long Wait
Now Over.
UCIM.. luano, june .i.-fttici u
night s rest. William 1>. Haywood, the secretary
and treasurer of the Western Federation
of Miners, was apparently completely
restored this morning and expressed
himself as feeling "first rate." Haywood
was out fi?r his regular exercise on the
lawns around th? jail.
Tin- ease against Haywood, charged with
the murder of former Gov. Steunenberg,
' was rerommetided it 11 o'clock this njornIttir
Mft.T ;iti intermission caused i?v the ill
nes.s >>f Haywood, who, it was announced
Saturday, was not in n condition to attend
' court. The opening of court this morning
was delayed until 11 o'clock hi order to
allow Judge Fremont Wood to attend to
some important matters pending in the district
court and to give the talesmen In attendance
an opportunity to return from
their homes, where many of them went over
Alfred Koff was challenged for implied
1> as l?y the defense. The state denied the
challenge, and the court overruled. The
defense challenged for actual bias and the
t xamination proceeded.
Kofff qualified under examination under
the challenge for actual bias.
When JudR^ Wood took his seat upon the
beneh Oh* defendant was in his accustomed
place, but not one of his attorneys actively
participating i'n the case was present. There
was a wait of several minutes. The inference
was that the attorneys had been engaged
in a conference of more or less importance.
Three Talesmen Excused.
Julge Wood excused three talesmen on
account of illness, and then the state's attorney
took up the examination of Alfred
Koff. retired cashier of the Boise City National
Bunk, who had been called as a possible
juror at No. t>. Questioned by Senator
B>rah for the state, Mr. Koff stated that
from what h^ had learned and read of the
case he had formed something of an opinion.
hut it was not so strong that he could
not lay it aside upon taking his oatli as a
"i would be influenced from what I have
lizard and read," said KolT, -rbut at the same
time, if the evidence adduced ?3 contrary to
any opinion I may have. 1 would be guided
entirely by the evidence. I want to be perfectly
frank about the matter. I would take
the law from the court.
Attorney Richardson, for the defense,
challenged the juror for implied bias on the
strength of his opinion.
Judge Denied tlie Challenge.
The challenge was overruled. Richardson
then challenged on the gro'.rhd of actual
Mas, in that the Juror could not act with
absolute imp: rtialitv. Questioned under
this challenge. Eoff said he undoubtedly
would take an opinion into the jury box,
but he had no prejudice or bias in the matter
Judge Wood again denied the challenge.
Attorney Richardson examined the proposed
juror further. KolT repeated that lie
had no prejudice or bias, and said he would
give the defendant the benefit of every reasonable
He felt he could arrive at a decision entirely
from the evidence. Asked If he would
like to be tried by a person who held his
views as to the defendant in this case,
KolT declared he would not.
"I would not want to be tried by any
one who admitted he had been Influenced
by what he had r- ad." declared KofT. The
Juror also admitted to s>?ne prejudice
against the Western Federation of Miners
growing out of the Coeur d'Alene troubled.
The atti.ru' ys for the defense challenged
u thlnl time.
Judge Wood said he felt the juror would
weigh the evidence fairly and denied the
challenge. Koff came 10 the far west as a
1 >d of twnty-one, and prior to coming lo
Hoist- h>- had always been an employe o?
Wells. Fargo & Company, acting as paymaster
in the stage days and agent at
various places. He has participated In
many frontier hold-ups as defender of his
employers' treasure chests. Koff Is now
ei.xty-two years of age. but looks younger.
Koff finally said to Mr Kiehardson that
he felt that he could give the defendant
it fair trial, but at the same time he would
!> intl e neid to a degree by his opinion.
K >fT also said he could not presume the defendant
i.itxent as he entered upon the
trial. but i! the evidence warranted he could
acquit him.
i i.?'tk !i;?. :i Dif (li-fens*- challenged a fourth
time and Judge Wood overruled it. Eoff
w is t ' n i> isst-il for challenge, only to be
ci.a: peremptorily by the defense,
win* ii used its last arbitrary challenge
(> V. Sebum. a farmer residing near
was passed by 1 m?tli sides for cause
and the jury box was filled at 12:30 p.m.
Dress Parade and Otber Entertain- |
ments Planned for Visitors. i
Special 1??.-?j :?t Ii to The Star.
ANN AIM H.I >4 M.i i. n *> -
.uu.. auiic u. A Iter IIDtllU *'1
visitors by the President and
ConR-rss t ? inspeet and report upon the
condition of the Naval Academy was re- |
cesvt 1 t.'sis morning with formal cere- ;
rr-ti> and* its rnem^rs were divided into
commute. ? and began the work of ex- |
inn". ; into the vari -us phases of work
at tie institution. I*. S. Senator J. If. Gallie.Ker
??f N*'W Hampshire was elected
president of the hoard, and the following
oth. : i::? nlf rs are now present in Annapoli*
I". S. Representatives I*. P. Pad^' tt
of '|Vnii?-ss?-?- and K. H. Hinshaw of
N'hr.-^ka, ml Messrs. John J. Healey of,
Ch ? a if". 11- rh?*rt l?. Satt? rlee of New York
city. David S. Parry of Washington, I). I
in?l William Owen Jones of Lincoln,
N h Ia? nt <"om. K. I. Beach, I". S. N.t
has h? . n detailed as se? rvtary. The ex- :
en is. s of t"dav were connrct???i u*itn *?,.?
senmar:! ij? department. and consisted of
a sf.itiiiinslup drill On tin* I*. S. S. Severn
and la lies with floats under sails and
oars This afternoon the visitors will he
r?*< fivfl ;?t the residence of the superintendent
of the academy, and this evening
then- v..11 !? * a dvess parade. The special
featur" of the latter will be the presentation
of eolois for general excellence to tUe
third company, commanded by Midshipman
Thadd' us \ Thomson of Austin, Texas.
Bier War Balloon's Ascension "Woo
essarily Deferred.
Owing t?? .? combination of circumstances
the big canary-colored war balloon of the
Ignited States Signal Corps did not make
an ascent this afternoon, as had been
?< hedaied. A number of persons, including
military men interested in the science of
ballooning, wended their way to the gas
works at 12th and M streets southeast this
afternoon to see the big gas bag make its
luitial performance, but they were doomed
to disappointment.
Tfo. v w? r?? treated, however, to a view of
(lie great balloon as it lay stretched in
ftht* RlinMhiOii ill'vini* *K., ? ~ - ...~-.11
........ rs unci .ii' l .1111 v .-iy*rn
of Ihf past f?'w days.
Th?- failure to make the ascent wan
tKribml t > the prevailing high wind and
loadmens, and the fart that the man-Jlact
ir* r of the balloon was late in arrl
viti? from N -w York.
I? * u . .s a* ernuon that it Is the
intention of Capt. Charles de F. Chandler of
the Signal Corps to make the ascent tomorrow
some time after 11 o'clock a.m.,
wind and weather belnff favorable. It was
also said that Capt. Chandler will be accompanied
on his trip to cloudland by Leo
Stevens, the manufacturer, and J. C. McCoy
of New York.
The monster balloon has a capacity of
78.000 cubic feet of g^s. It is perfectly
new and was maiic to cmler by direction or
the chief signal officer. The ascension will
decide whether the balloon meets the requirements
of the government.
Building Site Purchased Through Stone
& Fairfax.
Stone & Fairfax, real estate corporation,
has sold for the Seymour estate a lot on
the north side of Wyoming' avenue between
1 Qt li o ml 1<lt li ctraaic THq 1r*f hoc a frftn f _
age c|f fifty feet by a depth of 120 feet to
alley, upon which the purchaser, Frank P.
Milburn, will erect a handsome detached
Mr. Milburn. who has planned and built
numerous structures throughout the south
in recent years, is now a resident of this
Tiinrr i mro i nor it i rinr
inncc Lived Luai fli a rmc
Janitor, His Wife and Child Were
T* 3 1 J T-* . 1 T? - ^ T?i
x-euiiea in ana uurnea ueiore x iremen
Could Reach Them.
NEWARK, N. J., June 3.?Three lives
were lost and thousands of dollars of damage
was done In a tire which started shortly
before 2 o'clock this morning in Newark
Turn Vereln Hall, 1S8 William street. Tlio
known dead are: Joseph Hoeneke, janitor
of the turn hall, burned to death in his
apartments; Mrs. Joseph Hoeneke, wife of
the janitor, overcome by smoke and burned
to death; a child of the janitor, overcome
by smoke and burned to death. The flames.
fanned by a strong northeast wind, spread
with great rapidity, and a conflagration of
serious proportions was threatened. Kig it
families occupied the floors above the hall,
and the policemen were kept busy rescuing
women and children.
No Means of Escape.
The apartment occupied by Janitor Hoeneke
and his wife and child was on the top
floor of the building, which was of brick
and four stories high. Only one stairway
led from the janitor's apartment to tluj
street, and exit by tliat way was quickly
cut off by the flames. Soon after the alarm
was spread the janitor and his wife were
seen frantically running about on the roof
of an extension searching for some means
to reach the ground. They must have entered
the building again, for shortly afterward
Hoeneke was seen through the smoke
in the window of his apartment, as though
meditating a jump to the street. The spectators
shouted to him to wait for the arrival
of the firemen, lie disappeared in the
smoke, and neither he nor his wife or child
was seen afterward.
Several other families who occupied apart
ments in the building escaped.
The interior of the building was burned
out. The financial loss was about $25,000.
Tri-State Association Convenes at
Jamestown Exposition.
NORFOLK, Va.. June 3.?The Tri-State
Medical Association, composed of physicians
from Virginia. North Carolina and
South ( \'i rflli 11M rnnvpncil in pnnn;il spssinn
at the Jamestown exposition today, the
body being called to order by the president,
Dr. R. E. Hughes of Laurens, 9. C.
The president's annual address was followed
by an important discussion of the
subject "Surgery of the Stomach," led by
Dr. Stuart MeGulre of Richmond, Va.; Dr.
J. E. Stokes of Salisbury, N. C., and Dr.
Manning Simmons of Charleston, S. C.
A reception will be tendered the deleI
gates tonight in the Virginia State buildj
ing on the exposition grounds. The election
of officers occurs tomorrow. Dr.
Southgate Leigh of Norfolk is expected to
be the next president.
Negotiations in Progress as to Enforcing
the Pure Food Law.
Negotiations are under way between the
United States and Krance respecting the
degree of compliance with the national pure
food law which shall be exacted. The difficulty
and hardship which French exporters
of canned goods encounter in tbo inm
said to be the seeming necessity of changing
their labels. In France these labels
are regarded as a trade-mark, and to be
I obliged to abajidon them to comply with the
United States law is objected to.
The merits of the various repn-sentations
are being gone into very carefully at the
present time by the Department of Agriculture.
and it is indicated at the State l)epartmi-nt
that the most liberal view which
the situation will admit of will be taken.
Record of Court-Martial and Findings
The acting judge advocate g?neral of the
army has received the record of the ease
of Reginald K. McNally, 8th Cavalry,
who is one of the oificers said to have been
involved in the troubles with .Lieut. Col.
Charles G. Ayres. 14th Cavalry, when the
latter had command of the post at Camp
Wallace, at San Fernando, Union, P. I.
("apt. McNally was tried by court-martial
oil the charge of conduct unbecoming an
orncr ana a genueman, it being alleged
that lie was drunk and disorderly In company
with some enlisted men in a public
place in San Fernando. He pleaded not
guilty and was honorably aequited by the
court, which finding was approved by
Major Gen. Weston, commanding the Department
of I.uzon. This is the only courtmartial
case at Fort Wallace that has been
reported to the War Department and it is
not known there that there are any more
of the kind.
NEW YORK. June 3.?Arrived?Steamer
Minneapolis, from London.
SIASCONS?T. Mass.. June 3.?The steamer
N^ordam. from Rotterdam for New
York, was in communication by wireless
telegraph with the Marconi station here
when passing Nantucket lightship at
a.m. win probably dock about 7:30 a.m.
Retirement of Capt. Pershing.
t'apt. Ward B. Pershing. 10th Cavalry,
having bten found by an army retiring
board incapacitated for active service, on
account of disability incident thereto, his
retirement by the President from active
service June 1. 1W7. under the provisions
of section 1231. Revised Statutes, is announced.
Capt. Pershing will'proceed to his
Relief of Gen. Story.
Maj. Gen. John P. Story, United States
army, retired, has been relieved from duty
with the national roast defense board and
In charge of test of Croiier and Brown 6lni-h
wire-wound guns, and will proceed to
his home.
Early Prosecution Is Considered
Alleged Discrimination Against Inde- '
pendent Producers.
Agreement Said to Have Been Made
by the Leading Transportation
Companies of the East.
It was stated at the Department of Justice
today that a report from Messrs. Todd,
and Simpson, appointed some months ago
by the President to investigate both the
anthracite and bituminous coal-carrying
railroads with reference to any violations
of the Sherman anti-trust act. had been
received by the Attorney General. Mr.
Honapurte has given the matter careful
consideration, and it was the subject of a
confercnce a few days ago between him
and Chairman Knapp of the interstate commerce
The Attorney General today said that no
action had as yet been decided upon, as it
is intended to submit certain questions of
importance oom as to me law ana tne
policy of the department to the President
for his consideration.
Action May Begin Soon.
As to the report of Messrs. Todd and
Simpton concerning the roads engaged in
the bituminous trade, the department is
very reticent, but there is reason to believe
that action will be begun within the next
ten days ag:;lnst the Pennsylvania. Philadelphia
and Reading. Chesapeake and Ohio,
the Atlantic Coast Line, the Seaboard Air
Line and the Beech Creek railway for violations
of the Sherman anti-trust act.
The prosecution grows out of the Investigation
of the bituminous coal-carrying
roads made by the interstate commerce
commission last year, when it was shown
that the roads had pooled on their coal
freight and had refused car service, the
construction of sidings and many other conveniences
to mines that were not in the
It is believed that the Department of Justice
has all the material necessary to secure
a conviction.
This is one of the most important cases
considered by the Department of Justice,
and tines aggregating more than a million
dollars will be imposed if the government is
successful in its prosecution, as the agreement
between the lines lias been in effect
ten Years and e^eh violation tho law
constitutes a separate offense.
This combination had the effect of Increasing
the price of coal to consumers,
and it prevented independent coal companies
from engaging in business. Only
the mines in which the officers of the various 1
railroad lines owned stock could secure cars
for the shipment of coal.
The Alleged Agreement.
In the opinion of the officers of the Department
of Justice and the members of
the Interstate commerce commission a clear
case has been made out against these railroads.
By the evidence submitted to the
Department of Justice by the commission
it is shown that the traffic managers of the
coal-carrying roads held a meeting in New
York January 7, IS'.Ml, at which It was
i irrtiuil that till thn 1 i nuc ronroeantorl chnnlil
divide the bituminous coal traffic among
themselves. As a basis for the percentage
of division the ton-nage for three years was
used. A resolution adopted at this meeting
provided that a penalty of 50 cents a gross
ton should be paid for tonnage in excess of
the agreed percentages which were to be
fixed by commissioners.
This agreement took effect April 1. 1S96,
and It was continued from year to year until
the Investigation by the commission was
started. It is not known whether the agroement
is being observed at this time.
The percentage of the bituminous coal
traffic, which it was agreed at this meeting
should be allowed to the various roads. Is
as follows: Pennsylvania, 40.6; Norfolk
and Western. 1IS.4.">; Chesapeake and Ohio,
1U, and Beach Creek railroad. 11.05. The
association appointed a commissioner to
carrv out the division of the traffic.
Cases of Discrimination.
In making its report to the Department
of Justice with reference to these agree- 1
ments, the interstate commerce commission
"Several instances were developed where ;
the companies declined to construct sidings
for the accommodation of independent coal ;
operators. It was also developed that in no
instance did any of these roads refuse to
construct sidings or supply cars to the trust
mines, tiie stock of which was owned by
the railroad officials and employes." i
Funeral of Godfrey H. Leonard. 1
The funeral of Godfrey H. Leonard, seventy-eight
years of age, who died yesterday.
will take place from the home of ihis
daughter, Mrs. M. M. La Bille, 6 Grant !
place, at !> o'clock tomorrow morning, with t
requiem mass at St. Patrick's Church.
Downtown Temperature. !
The temperature recorded today by Feast ]
& Co.'s standard thermometer was as fol- '
lows: 9 a.m., UO; 12 noon, 74; 2 p.m., 72.
Frenchman Chosen in Morocco.
Advices to the State Department today
from Morocco indicate that the competl- 1
tion for the election of ;m engineer to en- ,
force the new municipal improvement regulations
contained in the Algeciras treaty
has ended in the selection of a French en
ginefr, whose name is understood to be
Some Apprehension in Japan.
TOKIO, June ."!.?(Afternoon.)?Leading
persons in hiiu uul ui pontics seem 10 nave
a feeling of apprehension regarding Japan's
future relations with the 1'nited States. Actual
hostility, however, is not thought of,
but it is considered here that the peculiar
position in which the federal government is
placed in regard to state autonomy and the
defiant attitude of the labor interests
against Japan's treaty rights as manifested
in the second San Francisco incident makes
politicians here uneasy.
271 For
m Sale..
If you arc interested in
any of the articles mentioned
below, read the Sale Miseellaneous
Column on Fage 19.
Tysons Boat House
Clothing Store Timber
Market Fixtures Slate Roofiuer
Whisky F'ajrjriiiK
Key* Sewinjr Machine
Shades C'aah Register
Pianos Klectric Supplier
Furniture Stock
Bricks Launch
A fifteen-word advertisement
in the For Sale Miscellaneous
column of THE STAR for 3
dav? nrwt? Hut 4i> no n f u <1 n,1
till find a purchaser for alpst
any article?try it tomono
Senator Cullom on President's
Influence With Congress.
Tablet of Georgia Gold Mined Near
Bollock Hall.
Accepts the Offer, But Will Not Assume
Duties Until Next
President Roosevelt got to work early
this morning to clean up the accumulation
of work that had fallen In arrears during
his trip west. He did not touch his desk
(h/Mirrlt thara woo nlftntv
^coiciuaj, UIUU5U ttietc nao ptvuk^ w_
work there. He went in the morning to
the Dutch Reformed Church, of which he
is a member, and in the afternoon took a
ride in the country, getting caught in the
rain, and finishing up a fifteen-mile gallop
pretty wet.
One of the early visitors this morning
was Senator Shelby Cullom. When asked
what he thought of the President's Indianapolis
speech he said it was one of
the best things on the subject of capital
he had ever read. Asked whether the
President was likely to get the restrictive
legislation he wanted touching capitalization.
he replied:
"Why not? He can get anything in rea
son that he wants, ana wnai witn tiarrinian
and those fellows raising promiscuous
h? and blazes, it is time there was something
Confederate Veterans Call.
A number of confederate veterans who attended
the reunion at Richmond last week
were In Washington today sightseeing. Several
parties called at the White House and
w^re introduced to the President, former
Senator Jones heading a party from Aransas
and Representative Kennedy of
Ohio one from Georgetown, Ky. The latter
were Gen. Morgan's men, five of whom
were officers. They had a pleasant tallc
with the President. They were all decorated
with crimson streamers, something
over a foot long, proclaiming their nativity,
and after shaking hands with the
President assured him that they could ride
and shoot just as well as they ever did.
and if he had any use for Rough Riders
they were ready to volunteer.
Mr. Kennedy said the reason lie had
come with the delegation was that Morgan
was captured in his district over in Ohio,
but the members of the crowd to whom he
was acting as guide, philosopher and
friend said the only reason Morgan was
oapturrd at all was because he did not
have his troop along with him.
The President told his visitors several
good stories, and they came away highly
oleased with their pall
A Highly Valued Gift.
W. N. Mitchell, president of the Georgia
commission at -the Jamestown exposition,
called at the White House accompanied by
his son. He came especially to present t!he
President with a tablet made from gold
mined In the neighborhood of the home of
the President's mother in Georgia. The
plate was 0 by 10 Inches in area and weighed
twenty ounces. The gold was pronounced
by the experts at the mint the finest that
had ever passed through their hands and
was entirely without alloy. The plate,
which is valued at over $400, bears a reproduction
of Bulloch hall, the Bulloch
coat-of-arms, the Georgia coat-of-arms and
the following inscription:
"Theodore Roosevelt, President of the
i niieu oiau'H. ijeorgia aay, j;imesiown
Tercentennial Exposition, June i.<, 1007. W.
N. Mitchell president Georgia Commission.
Joseph M. Terrell. Governor of Georgia."
The box in which the plate is incased is
made of Georgia wood, lined with velvet
and covered with white satin, the lid being
handsomely trimmed with gold and bearing
the United States coat-of-arms. The plate
is intended as a souvenir of Georgia day at
the Jamestown exposition.
The President said he appreciated it very
much, and it had touched him mors than
anything he had received during his administration.
Mason on the "Suspender Plot."
Ex-Senator "Billy" Mason of Illinois was
one of the callers of the day. He said he
was going into the fight In that state for
Hopkins' place, and that If he did not get
a. majority of the votes in two-thirds of the
counties In the primaries he would not be
a candidate. He said that the President
had declared that he was not going to got
into the Illinois fight on either side, and
that as the governor of Illinois and the
mayor of Chicago had both made the same
statement, he thought lie was going to have
a fair field and would be able to make a
good fight of it.
He asserted, however, that he thought he
had discovered a vicious plot on the part of
the Fairbanks men. He said there was a
tailors' convention in Chicago last week,
and the convention decided that there
should be no suspenders connected with
male attire this summer.
"This," said Mr. Mason, "is a plain attack
on my political aspirations, and, of
?ourse. Fairbanks thinks lie is trolntr to tret .
Taft with the same shot. Now X want to
know what sort of running men the shape
of Taft and me would be able to make if ,
they had to depend on belts, and did not
liave any suspenders? I am willing to stand i
for almost any sort of tactics in a political
light, but there are some places where the
line should be drawn, and this Is one of
them. The Constitution guarantees a citizen
the right of life, liberty and the pursuit
of happiness, and I would like to know
what sort of happiness there would be in
the job if Taft and I had to run without
Pearl Wight Accepts Offer.
Pearl Wight of New Orleans, the republican
national committeeman of Louisiana,
has aropnt<?il thf*. nosition of rnmirii.csfnnor
r>f internal revehue, to become effective on
December 1. Mr. Wight has a number of
Important business matters whi'eh he wants
to adjust and settle prior to taking up the
duties of office. Pending his assumption of
the work, a commissioner afl interim will
be appointed by the President. He already
has been selected, but his name lias not yet
been announced.
Mr. Wight is about fifty-two and is a
member of the republican national committee.
He is reputed to be very wealthy and is
a contractor of prominence in New Orleans.
South Dakota District Attorney. J
The President today announced the appointment
of K. E. Wagner as United States
attorney for South Dakota, to take effect
July 1. The appointment was made on
the recommendation of Senator Gamble.
Naval Vssels in Chinese Waters.
"VTotrvci 1 f on/1 A .1 : 1
wtvitiu. j ?iv><.au unu ivcai nuiimai
Bronson called on the President today
with reference to the use of naval vessels
In Chinese waters should the occasion arise,
but no details of the conference were made
Mr. Tawney More Concerned Over the
Minnesota Wheat Fields.
Representative Tawney of Minnesota, who
will be chairman of the appropriations committee
In the next Congress, as in the last. >
is in town today. He will remain until 1
tomorrow, doing a tew chores?he is a 1
servant of the people?around the departments
for his masters.
"Politics?" said Mr. Tawney ."not for
me. "I am a great deal more Interested in
knowing when the sun is coming out to
shine on our Minnesota wheat fields than 1
anything else. I tell you. it is a serious i
situation. The farmers are In a bad way.
I don't take much interest in politics lust l
now, anyhow. I am going home and pester I
around for the rest of the summer and at- I 1
tend to my own business. S'long." !
Mayor and Marshal Summoned
to Baltimore
Stopping of Diplomats While on the
Conduit Road.
Matter to Be Discussed Next Wednesday?Action
Probably Inaugurated
by Secretary Root.
Officials of the State Department are displaying
even more reticence than usual
with respect to the latest phase of the
Glen Kcho automobile situation. SecretaryRoot
Is in New York and Assistant Secre
lary tsacon, who is acnug ?mnaij, i"v
fesses profound ignorance of the subject,
even to the extent of saying that he does
not know who instigated the action taken
by the United States district attorney of
From other sources it is learned, however,
that Secretary Root personally called
the instance of the alleged insult to the
Italian ambassador to the attention of
the Attorney General and asked his cooperation
In measure* which vnuld nre
Mayor Garrett.
vent. If possible, any repetitions of such
Evidently, the Attorney General put the
matter In the hands of the United States
district attorney of Maryland for such
action as he deemed advisable under the
circumstances, with the result that the
latter has summoned the mayor and the
marshal of Glen Echo to Baltimore for a
conference, with a view to reaching an
agreement whereby members of the diplomatic
corps will not be held up when.they
happen to be speeding through Glen Echo
in automobiles.
Officials in Doubt.
Nobody at the State Department is prepared
to say for publication how such an
arrangement can be perfected. It Is conceded
that It is manifestly impossible for
the marshal to know that the occupants of
a fast-speeding automobile are exempt from
interference, because of their diplomatic
status, unless their car is properly labeled,
or they stop and tell him. It has been suggested
that the only way to meet that difficulty
would be for the diplomats to display
the flag of their country on their cars.
Even if that plan were adopted, and It Is
known to be objectionable to many of the
diDlomatic corns, there would be no way to
prevent an abuse of the system by people
unauthorized to display such flags.
Leading authorities on International law
spoken to on the subject do not see that the
government has mucli of a case against the
Glen Echo authorities, who appear to have
acted entirely within their legal right3 In
the matter.
Neither the I/iIian ambassador nor the
German secretaVy was actually arrested,
having been allowed to proceed on stating
their identity, and it is added that neither
of the officials made formal complaint or
asked for any action against the Glen Echo
officials. The case of the chauffeur of the
Austrian legation is different, however, provided
he actually was a "domestic" of the
legation at the time he was arrested.
Case of Chauffeur Mahoney.
It still remains to be established whether
Chauffeur Mahoney falls within the court
definitions of "domestic servants" as mentioned
In the statutes. Beyond tills, the
very section of the Revised Statutes which
the government has invoked?section 40tio?
states specifically that the preceding sections
shall not apply unless the name of the
'domestic servant" has been registered with
the Secretary of State and transmitted by
the latter to the marshal of the District of
Columbia, who shall post this list of names
in a public place. So far as can be ascertained,
there is no such list in the marshal's
Should the campaign against Mayor Garrett
and Town Marshal Collins of Glen
Echo, result in making automobiling diplomats
immune from arrest and humiliati'on,
[lie state uepanment omc.ais win give expression
to feelings of gratitude and relief.
Before the matter was taken up by the Department
of Justice these officials were fre.i
to state their annoyance, as each of the
several "diplomatic incidents" occurred on
the. Glen Echo road. At the same time they'
see no way to guarantee relief to complaining
diplomats who exceed the speed limits.
Flans of the Mayor.
Mayor John A. Garrett of Glen Echo Was
in consultation at Rockville today with
State's Attorney Robert B. Peter in regard
to the proceedings against ' him and Marshal
Collins growing out of the holding up
of certain diplomats for alleged violation
of the automobile speed regulation of Glen
Echo. Mayor Garrett and Marshal Collins
will have a conference with United States
District Attorney Rose, in Baltimore, Wednesday,
and the mayor expressed himself
as confident that everything will be explained
to the satisfaction of Mr. Rose, and
that no further steps will be taken in the
In case the proceedings are not dropped.
Mayor Garrett and Marshal Collins will
retain State's Attorney Peter to look after
their interests. Mayor Garrett stated today
that he knows absolutely nothing except
what has been told him concerning the
holding up of the Italian minister and the
secretary of the German embassy, but says
it is a fact that William F. Mahoney, the
rhmiffpur for thf? Austrian miniotop n-r,0
brought before him. He explains that he
was not sure at the time whether or not
Mahoney was immune from arrest because
of his being in the employ of a foreign
diplomat, and released the man on his personal
recognizance pending a determination
of the question.
Marshal Makes Statement.
In connection with the report that the
several diplomats who had been stopped
an the Conduit road by Marshal Collins
of Glen Echo had taken the matter to the
Stat$ Department, the constable said to a
Star reporter today:
"Mayor Garrett and I are going to Baltimore
Wedm-sday morning, and I am sure
n-e have nothing to fear, as the law Is on
our side. 1 don't look like I am afraid.
Jo I?
"I have been very lenient with the automobilists.
and I have not arrested any ong
who was running under iifteen miles an
hour. As to my arresting the diplomats, it
Is not BO. I stopped several of the cars and
as soon as I learned the Identity of the
passengers I let them go. In the case of
th* Italian ambassador I did not stop liis
car. as I knew him; but stopped the car
In which the Duke of Abruzzl was rtdlnR,
and told the chauffeur he was running beyond
the speed limit."
Speaking of the arrest of the chauffeur
of tho Austrian ambassador. Marshal Collins
said the man with two other chauffeurs
had come out for a good time. "As there
was no Maryland license displayed on the
machine," said the marshal. "1 requested
him to go with me to see Mayor G.irrett.
He had no more rigrht to be without the
license than any other citizen had.
"It is simply a case of persecution on the
part of some of the Washington automobile
clubs, who have urged the diplomats to
take the matter before the State Department.
We will make it hot' for some of
them after tills, as the speed limit, which
was raised by the mayor to twelve miles,
will be reduced to six again, and it will
certainly he upheld.
"Why, some of the automobile owners of
Washington themselves have own out here
on several occasions and requested me to
stop the fast driving of some of the other
cars, and I am going to do it."
No Reply Received.
Special Dispatch to The Star.
BALTIMORE, Sid., June 3.?At the offices
of the T'nited States district attorney it was
stated today that no word has been received
from the mayor of Glen Echo. The letter to
that official was sent May 31. and it was
supposed that a reply would be in the hands
of the federal officials today.
Boutins Business Transacted?Three
Candidates for Admission to Ministry?Committee
on Brotherhood.
The intermediate meeting of the presbytery
of Washington city was held in the
Westminster Presbyterian Church. 7th and
K streets southwest, today at 10 o'clock.
Rev. Walter J. Stone of Darnestown, ,Md?
moderator of the presbytery, pwgided over
the meeting, and at the opening delivered
the Invocation. Rev. Dr. B. F. Bittenger,
stated clerk, read a communication from
Mrs. O. B. Brown, corresponding secretary
of the Presbyterian Home, asking that a
collection be taken for the homo In the
churches of the presbytery Thanksgiving
day, or the Sabbath either Immediately before
or after that date. Dr. Blttenger
placed the request in the form of a motion,
and it was approved.
Mr. W. B. Bryan of the Church of the
Covenant, the pastor of which church, Rev.
Dr. Hamlin, died a short time ago, requested
that the presbytery authorize Rev.
Charles Alvin Smith, minister of Peck
Memorial Chapel, to act as the moderator
or the church session, and that the presbytery
allow the session to supply the pulpit.
The requests were granted.
Moderator Stone announced the committee
on Presbyterian brotherhood as
follows: Rev. Dr. John Lee Allison, pastor
of the Gunton-Temple Presbyterian
Church; Rev. George Bailey of the Western
Presbyterian Church, and Messrs. L.
Cabell Williamson, W. M. Terrell and F. Ik
Routine Business.
On motion of Rev. Charles Alvln Smith,
Revs. W. I. Davenport of the Pueblo, Col.,
presbytery: French W. Fisher of Hannibal,
Mo., and S. S. Laws were invited to sit as
corresponding members of the presbytery.
1 ne exa.mina.uonH or inree caiiuiumes iui
admission to the local presbytery were then
announced as in order, and Charles L.
Bragaw, who is associated with the work
at the First Presbyterian Church: David
Reed, who is ministering to the people of
Riverdale and Berwyn, Md.. and James 8.
Ellis, colored, who has Just finished the
third year of the theological course at Howard
University, presented themselves.
Rev. Dr. Davidson, pastor of the Presbyterian
Church at Falls Church, Va., examined
the applicants upon theology before
the open presbytery, and at the conclusion
Dr. Bittinger completed the examination
m<Aof inna t*nl o rv Vi nt ! I/ri ATplndaa i?f
'' 3 qucoLiuita inauic v t nnunuuftc '' ?.
the laws and sacraments of the Presbyterian
Church. Messrs. Bragaw and Reed
were then each heard in the main points
of a sermon. Mr. Ellis was not heard, as
he failed to bring this manuscript with
At the conclusion of the remarks the applicants
left the room and the presbytery
voted upon their admissions after several
of the pastors and laymen present had
spoken upon various phases of the examination.
At the close it was announced that
Messrs. Bragaw and Reed had been admitted
as ministers, and Mr. Ellis was asked
to continue his study until the next session
of the presbytery and present himself
at that time again for examination.
Acpuns ui i^uuLiiiiaaiuucia.
Dr. Bittlnger then called to the attention
of the presbytery that the time had arrived
to hear the commissioners to the general assembly
of the Presbyterian Church, which
was held the third week in Maj", at Columbus,
Ohio. The commissioners were "Rev.
J. Garland Hamner of Manassas, Va? and
Messrs. Thomas C. Noyes of the Washington
Heights Church, and L. Cabell Williamson
of the Northmi'nster Church, both of
this city.
Rev. Mr. Hammer spoke first and declared
that the great gathering of Presbyterians
at Columbus spoke well for the enthusiasm
of the church. He pointed particularly to '
the work of Mr. John H. Converse of Phil- !
adelphia, who. he stated, is giving great encouragement
to the missionaries i'n the foreign
Mr. Xoyes spojie next and told the mem- '
bers of the presbytery that through .his attendance
upon the assembly he had receiv- '
cu lurao ui mc fiicai aiuuuiil tj L 11?
ligious work being- done by the Presbyte- |
rian Church today. The work being accomplished
in the slum districts of New '
York, said Mr. Noyes. was a revelation to '
him. and to him it showed the forward
movement of the Presbyterian Church. '
Unity and-evangelization were the two key- ]
notes, Mr. Noyes said, of the recent assembly.
Mr. Tj. Cabell Williamson was the closing
speaker, and in his remarks he emphasized
the words of the preceding speakers.
At the close of the addresses Rev. Dr.
Bittinger offered a resolution commending
"the fidelity and diligence" of the commissioners
and the same was passed by the
Mr. Reed's Admission.
A motion to admit Mr. David Reed into
the ministry of the Presbyterian Church at
a meeting to be held in the church at Berwyn.
Md.. the evening of June 10 was carried.
The moderator was asked to preside
with Dr. Donald McLeod of the First
Presbyterian Church of this city as the alternate.
Rev. Dr. George Bailey of the Western
Presbyterian Church, according to the program
as presented to the presbytery, will
preach tlie sermon of ordination, and Rev.
J. T. Kelly, pastor of the Fourth Presby- ,
terian Church, will deliver the charge to
Mr. Reed as to the duties of an evangelist.
The ordaining prayer will be made by Rev. \
Dr. W. C. Alexander.
The moderator welcomed Messrs. Rragaw j
and Reed into the church, and after offer- |
Ing prayer the presbytery adjourned until (
fall. <
The matter of choosing the next meeting
place of the presbytery came up, and was ,
lr?ft in lhp hanHd of tho mAJoro?/?r r? u
.. .. -? ? ? "ivuv ? UIU1 . 1 L 13 1
stated that tlie next meeting will probably \
be held at Hyattsvllle, Md. ,
Members Present.
Those present were: Rev. R. F. Bit- !
tinger. Rev. J. D. Chester. Rev. J. T. Kelly, i
Rev. M. P. Snell, Rev. T. D. Richards of
Germantown, Md.; Rev. Charles Alvln ]
Smith, Rev. J. H. Bradford. Rev. Thomas
C. Easton. Rev. W. C. Alexander Rev 1 J
Russell Verbr.vcke, Rev. J. W. Wlghtman,
Rev. S. Ward Righter of Hyattsvllle, Md.;
Rev. George P. Wilson, Rev. W. J. Young
of Ballston, Va.; Rev. W. J. Stone of f
Darnestown, Md.; Rev. X. H. Miller, Rev. I
J. G. Hamner of Manassas. Va.: Rev. t
Donald C. Mcl^ood, Rev. R. A. Davidson of
Falls Church, Va.; Rev. William T. Thompson,
Rev. Thomas Thompson, Rev. J. M. 1
Nourse, Rev. Albert Evans, Rev. Titus I'. c
Davis, Rev. John Lee Allison and Rev. Mr.
Clark. The elders present .included Mr. c
Thomas C. Noyes of the Washington v
Heights Church, Mr. William R. Bryan of 1
Covenant Church; Mr. H. J. Hunt of the c
Fourth Church, and Mr. L Cabell William- 1
son of the Northminster Church. t
Sentence of the Savannah
Court Is Affirmed
Sentence Is Four Years' Imprisonment
and Fine of $575,000.
Judges Shelby and McCormick Hnnd
Down the Opinion, Which
was on Appeal.
NEW ORLEANS, June 3-?The sontene*
of the Savannah court in the Greene urn!
Gaynor case, involving over half 11 million
dollars fraud in government contract work
in the Savannah harbor, was affirmed In
an opinion handed down by the Unite*
States circuit court of appeals today. Th?
sentence is four years' imprisonment each
anil a flne aggregating liiTo.OOO. Judges
Shelby and McOormlek handed down tho
opinion, which was on an appeal, and Judgn
Pardee dissented.
Appealed on 193 Assignments.
Benjamin I). Greene and John F. Gaynor,
the defendants, appealed on 1IB assignments
of error. The must Int ercsl ini? of
these was the claim that their extradition
from Canada, a case which went to the
privy council of England before being
finally tried, was Illegal. They asserted
they were extradited upon one offense and
tried upon another. Upon this point tb*
court says:
"It is not usual, nor would it be expedl- .
ent or practicable, for a warrant of extradition
to describe the crime with all the fullness
that would be required in an Indictment.
While extradition and indictment
must be for the same criminal acts, It doe?
not follow that the crime must have the
same name In both countries."
Question of Extradition.
The court held that the defendants wer?
extradited for an offense for which thejr
had been twice indicted. Replying to the
f * ? i/\n 1 Vi n f **r <- a
' uintniiwii mat iitcii wii iiioc nao i?*#v v?traditable
under the treaty, the court holds
first that it was extraditable, and then arKues
that even if the treaty did not on its
face allow extradition for their offense,
nevertheless the parties to this treaty could
have taken action to make the instrument
cover the offense, and that such action
would have applied to a previously committed
Dr. Walcott Makes Statement About
Proai A An4- P AAC^vpIt
BOSTON, June 3.?Dr. Henry Pickering
Walcott, senior member of the Harvard
Corporation, said yesterday:
"President Roosevelt ils one of the most
loyal Harvard men and, of course, very
friendly to the college; but there is no possibility
of bis ever becoming president of tho
Dr. Walcott's statement was evoked by
the remarkable utterances which the President
is reported to liave made to a delegation
of Harvard men at Lansing, Mich.: "In
a year and feleven mouths I expect to be an
active member of the organization."
This was interpreted by Harvard men to
mean that the Chief Executive would leava
the White House to become the head of the
'Dr. Walcott, who heads the corporation
which controls Harvard, said: "I hav?
heard frequent reports that President Roosevelt
aspired to head the faculty at Harvard
when he left the White House, but there ia
not the slightest ground for any report that
Dr. Eliot is to resign ana Is wonting to nave
Mr. Roosevelt come to Cambridge As a
friend of President Roosevelt, I have reason
to believe, in common with others, that bis
earnest hope after his term at the AVhite
House is to become senator from New
York state.
"I should not vote for his selection to
head the Harvard faculty, because. In the
first place, he is not what you would call
an academic man. I have been asked several
times if Mr. Roosevelt was coming to
Cambridge to succeed Dr. Eliot. I have
always answered the question, as I do
now. in the negative. The six members of
the corporation are the ones to elect a
president. We are not looking for a successor
to Dr. Eliot, and we hope lie will
remain with us for many years yet."
President Eliot himself, interviewed at
Detroit, said: "I can see no possible explanation
of the President's remark In connection
with any active association with 1
the university. He might have meant that
Ua ovnof.tn/1 fn talrrt n miiro :wtlvi? Intf'Ft'St
in the alumni affairs when the new organization
of that body, now in progress,
s completed.
"Of course the university overseers are
?lected by the alumni, and it might be that
the President would accept a place upon
[hat body If there were a vacancy, but
that suggestion hardly seems to offer an
pxplanation. There is no plan, so far as I
im aware, to connect actively President
Roosevelt with the business management
jf the university, and I should rather infer
that he had reference to his coming
freedom from official cares at the expiration
of his term of office."
?????? I
British Sea Captain Refused to Surrender
Fugitive Soldier.
Col. Henry A. Greene. 10th Infantry, commanding
at Fort William H. Seward,
Alaska, lias appealed to the War Department
to cause the arrest and return of a
deserter, and Incidentally to punish the .captain
of a British ship who perhaps lias created
nn international issue.
According to Col. Greene. St rut. Buell, a
member of the post band, deserted from
Fort Seward and made his way oil board
the British steamer Princess May. When
the ship touched at Katchlkan, Alaska, May
14 the city marshal, under instruction*
from the military authorities, sought to arrest
But the latter locked himself up in his
.' n-hlri. and the captain of the ship refused
to allow lilm to he forcibly arrested, and
sailed away to a Canadian i>ort, where the
ileserter landed and disappeared. Now Col. ,
GSreene asks the War Department to have
the State Department make a demand upon
the British government for the return of
the deserter to Fort Seward and for the
punishment .of the captain.
Col. Porter, acting judge advocate general.
however, has taken the ground that
the military has no such authority, and if
the effort Is made to punish the Rrltlsh
captain it must !? through the civil authorities.
who were derelict in the first
place In not arresting both the deserter and
the captain if he resisted process within
territorial waters.
Vnnual Summer Conference Opened
Today?Course Outlined.
NEWPORT. R. I.. June 3.?The annual
summer conference at the Naval War Cole?e
opened today, with officers from both
he army and navy in attendance. Rear
Vdmiral J P. Merrill, the president of th#|
ollege. made a brief speech, in which he
tU/t onoroA (UA
luu'liru 111v ?v?umc iu? me acasK'ii.
The battleship N'ew Jersey arrived at th?
oaling station at Bradford today. She
vill be followed Inter In the week by the
ihode Island, which while here will receive
a silver service from the station of
thode Island and the Providence plantation*.

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