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1 the Jury might* have gained a wrong impression from some remarks ^that passed between court and Jury. Judge Johnson recounted the testimony and said it was for the Jury to decide whether Mrs. Beisel took a step toward Erb after she had pointed the pistol or before. There was some discussion among the jurors. Finally the foreman. Dickinson, asked: "If Mrs. Beisel had a chance to get awav. was she justified in shooting Erb?" The judge replied: "It is for the jury to say what was the condition of her mind. If it was necessary for her to shoot to save her life or herself from great bodily harm, or if she thought so, uhe had a right to shoot. "The law is that a person must escape if he can before shooting. It is for you to decide whether Airs. Beisel had that opportunity." The jury then retired again. ? ? - ? ? m Long Marital Infelicity Ended in Grim Tragedy ?'apt. J. Clayton Erb. who was confidential secretary to Israel AV. Durham, a former political boss of Philadelphia, and who was himself a leader in Philadelphia political circles, was shot and instantly killed at his home. Red Gables, at Glen Kiddle, several miles from Philadelphia, shortly before t? o'clock on the night of October ti. Only Mrs. Erb and Mrs. Beisel witnessed the killing, although the servants were In the house. It was one of the latter who ran to the home of Dr. Cullbac. a short distance away, and told him of the tragedy after Mrs. Erb had told her maid that the captain had been shot. The doctor hurried over to Red Gables at once and found Erb lying dead in tbe upper hall. lie made no Investigation of the location and character of the wounds, as he did not wish to disturb the body until the coroner had arrived. It was plain to him that the man had died, instantly. Sisters Are Arrested. In the meantime the coachman had summoned a constable. Following Airs. Bclsel's admission that she had shot Erb in defense of her sister, she was arrested and placed in jail here. Mrs. Erb was arrested the next day. She secured bail early in November and was released. It had been known for some time that the life of the Erbs at Red Gables had been far from felicitous. In fact, only two weeks before the shooting Capt. Erb had charged his wife with an attempt to poison him. Mrs. Erb denied the charge, saying her husband had mistaken hair tonic for whisky. She retaliated with a charge that he had set tierce dogs on her. Erb was still to br heard on this charge at the time ol his death. The case attracted the greatest attention In this part of the state, especially among the foxhunting element. Mrs. Erb is a fine horsewoman and has frequently followed the hounds. During the trial tlie prosecution endeavored to show that Mrs. Erb had been on terms of intimacy with several members of the hunt club. This form of attack caused consternation among the hunt club members who were present. The'district attorney failed to show Mrs. Erb guilty in this way and abandoned the quest. Accusation and Defense. The theory held by the prosecution was that Oapt. Erb's death was the result of a well laid plot between the two women, witn the idea of securing Erb'js property The defense fought to prove that the shooting was clearly unpremeditated, and was done wholly in self-defense. Mrs. Erb's story of the life she had led at Red Gables was a strange recital of continued cruelty and abuse on the part of her husband. So circumstantial was it that to many it seemed likely to clear the women. Of her husband's shooting Mrs. Erb told In detail, how he had rushed from his room as she and her sister came upstain and threatened them with a revolver. ,She ran Into the bathroom as Mrs. Belse rushed at the captain and heard the shots fired after there had been a struggle. Mrs. Beisel corroborated this and insisted that it was in defense of her owr and her sister's lives that she shot Erb. MEMORIAL TO SHAKESPEARE. Great National Theater to Be Built by Public Subscription. LONDON, January 7.?London is tc have a national tlioater aa a memorial tc Shakespeare, in which will be enacted the poet's works as well as plays by other English dramatists, living and dead, This decision is the outcome of extended deliberations of a special committee appointed last spring, when It was practtoally decided to substitute a theater for e statue as Shakespeare's memorial. A number of large private subscriptions have already been promised, and the lord mayor of London and the mayors in the provinces will be asked to open public subscriptions. The educational and municipal authorities of the kingdom have been invited to associate themselves witl: the project, which h&s the approval ol the government. A site will be selected in the heart o! London and the theater will be controlled by a board of trustees chosen from mer prominent in the literature, drama, music and education of the dav. STRANGE SECT LURES GIRLS. t Bunch Calling Themselves "Evan gelists" Under British Probe. HALIFAX. N. S., January 7.?More than fifty young girls have been lurec from their homes in the British isles b: members of a small sect railing them selves "Evangelists," according to a dec jurnunn maae Dy me overseers or tn< poor for the county of Suffolk. England which lias Just been received here. Tin testimony taken in England went to shov t hat many girls were induced to leavi their home* by promises that their trans imitation to this city would be paid fo th? purpose of enabling them to attend t convention In Halifax "some time it it was further alleged thai the societ; xlsted for the purpose of spiriting girl away, but for what object was not mad clear In the depositions. In nil It Is said fifty young women wen sent to the United States and a number t i ids country. RESTORED TO OFFICE. Persian Liberal Leader Become Minister of Foreign Affairs. Mlrra. J?!avad Khan. Saaded-doaleh, brother of Oen. Morteza Khan, the Per slan minister here, has been appoint* minister of foreign affairs of Persia, ac ordintr to cable advices received fror Teheran at the legation. li wn* Haaded-doaleh, who. as ministe or commerce, prior to the constitutions regime, was sent into exile on account u h h liberal ideas, and wiien the constitutio was proclaimed he was brought back b ihe people and elected to lead the libert party In the Persian parliament. This wa followed by lila appointment as minister c foreign affairs under the new regime, bi. because of disturbances among varioc parties he resigned. Ills reappointment to office. It was stai ed. Is hoped to signify that affairs in Pel nla are approaching a favorable crisis an in?n. pcopie m*> looK lorwara 10 tri jestnratlon of parliament. New Franco-American Treaty. PARI8. January T.?The new France American treaty of extradition has bee signed In this city by Ambassador Whit for the United States and Foreign Mir ieter Pichon for France. This treaty 1 substantially identical with the one negi tiated In 18P2 ? . Among the charters granted at t'harle ton. W. Va.. since January 1 were tl Morris Creek Colliery Company. Danwoo W. Va., capital $150,000: the Chesapeal Oil nn<l Oas Company. Huntington, cap !al $20,000; the Equality Oil Company < Parkeraburg. capital $8,000; llinton Ii surance Company, llinton. capital $10.00 * SHADOW JJILLMAN South Carolina Senator Trailed by Secret Service. BUT HE IS NOT AFRAID No Developments He Would Con* ceal, He Asserts. ??? THAT C. P. RAILROAD STORY j mmmmrnmmm?mmmmm Interested in Company, Say Colleagues Who Have Advance News of President's Report. The report that President Roosevelt had, sent to the Senate information that a ; senator from a southern state had been caught In the toils of the secret service lias aroused the membership of this body to a pitch of indignation not often 'witnessed. The information is supposed to be contained in a report to Senator Hale covering the activities of the secret service under the various executive departments. Senator Hale has not made the report public. So far as can be ascertained no senator, not even he, base read it in detail. It has been learned from a source which cannot be doubted that Senator Tillman of South Carolina is referred to in the President's communication to the Senate. In the absence of the publication of the report it cannot be stated positively that I Tillman is named. It is admitted that he is characterized by description, if not I actually by name, as one whom the President had found it advisable to have shadI , owed. Senators Had Advance News. Several senators had advance informa tion of the character of the report sent 1 to the Senate in response to Senator Hale's request for a statement of the aci tlvities of the secret service operatives > under the direction of heads of the dlf' ferent executive departments. They knew that the President believed he had information reflecting upon Senator Tilli man and were told of the manner In which the information regarding the South Carolina senator had been obtained. About a year ago Senator Tillman i introduced a resolution directing the * Attorney General to institute and prosecute suits against the Central Pacific Railroad Company, which received land : grants for a line from California points ' to Portland, Oreg. In a speech on that resolution Mr. Tillman declared the use . of his name had been without authority. As a result several persons interested I in the land grants became angered. It is said they sent to President Roosevelt I copies of letters written by Senator Tillman showing the latter's interest in the company, which was endeavoring to obtain possession from the government of extensive grants in question. i What Seeret Service Found. * When President Roosevelt received 1 this alleged evidence, it is. said, he > caused secret service operatives to undertke an investigation. According to t the senators who obtained the advance information of the report sent to the Senate, the secret service operatives declared that the investigation proved that Senator Tillman was interested in a comt pany which proposed to exploit the land grants in question. , It is known that the secret service had , prepared photographic copies of Senator , Tillman's correspondence. Whether these copies have been sent to Senator Hale is ' not known. When asked today to make public the I communication which he had received from the President, Senator Hale declined to do so until it had been considered by a subcommittee of the committee on apt propriations, which is to consider the President's message relating to the whole seo^et service controversy. | Senator Tillman said he was not alarm; ed by the report "that the President had ; had him shadowed." He added that there : could be no development which he would desire to have withheld from the public. ; EARTH SHOCKS CONTINUE r i ! MESSINA CEMETERY DESTROYED?CITY HALL BURNED. ' j Impossibility of Rebuilding City on Old Site is Now Recognized. f g | Burial of the Dead, l ... t>l>e< iai t'atlegrani to The Star. ROME, January 7.?A further tarth9 quake shock has destroyed the cemetery at Messina, which, with its orange groves ? and magnificent monuments, was one of v the most beautiful in Italy. 9 Shocks are still continuing at the rate . of about ten per hour. Fire also has r again broken out. completing the destrue1 tion of the city hall and the records stored 1 therein. v The only news arriving here now from 3 Messina is from official sources. The e evacuation of the city is now almost complete. and nobody is allowed to enter. Or? ders have been given to hasten, at any cost, the work of burying the dead. Might long pits for the reception of the ( bodies are dug daily, one in each zone. Soldiers are doing the Interment, and it S is hoped they will be able to bury at i least one thousand corpses daily, otherwis*> even the troons will be forced to evaluate the city, in consequence of the j stench. The newspaper correspondents who are returning from Messina show signs of the privations they suffered. They describe the ruined city as an uninhabited 'I* j charnal house, where it is impossible to f even buy a piece of bread without an order, signed by the military commander. The impossibility of rebuilding the *1 city on the same site is now recogs nized, and another site will have to l?e >f found if it is to be rebuilt. u So far the relief contributions cabled 18 from the I'nited States amount to t- $600,000. - A party of men under the direction of d Maj. I>andis, the American military atic tache at Rome, has been working for four days to extricate the bodies of A. S. Cheney and his wife from the ruins ' of the American consulate at Messina. I The apartment of the Cheneys has not '* yet been uncovered, and many feet of ?n wreckage still remain to be removed, e Bayard Cutting, jr.. Winthrop Chanler and Stuart K. Lupton, American consular representatives, are making every effort ls tii trnr-e \ inerirans sunnosed to have been in the earthquake zone at the time of the disaster, but so far without success. The policy of clearing: Messina was In3 augurated yesterday with the refusal ol ie the authorities to furnish people, with d, food unless they agreed to embark ?0i te transportation elsewhere. 1- This has been done to discourage poasDf ants coming from tlie mountains to tak? n- advantage of tho free distribution of ra0. tions. PARADE TO SET PACE mrnmmmmammmmmmmmmm ? I Inaugural Committee Plans for Record Event. CHAIRMEN HOLD MEETING Cheerful News From the Guarantee Fund. ADDITIONS TO COMMITTEES Design of Taft and Sherman Souvenir Somewhat Similar to That of Former Years. That the inauguration of Taft and Sher! man as President and Vice President of i + 1 ii a OA-i ill aaiia! i C not CUT*. LIJC Lliutru Oldies Will r'i'iai, II I'vt pass, any previous inauguration ceremony was indicated at the weekly meeting of the general inauguration committee at the New Willard Hotel today. The gathering represented the business and professional men of the District, and they entered into the plans for the big event of March 4 with enthusiasm and determination. Edward J. Stella agen, chairman of the committee, preflded, and the chairmen of some of the important subcommittees submitted most gratifying reports of their work since the last meeting of the general committee held before the Christmas holidays. Milton E. Ailes. chairman of the finance committee, cheered the committee by reporting that all records have been broken in the matter of subscriptions to the inauguration guarantee fund, which has reached the aggregate of $815,860. James S. Henry, chairman of the press committee, reported that he expects to have the press bureau at the headquarters of the inauguration committee in operation within two weeks, when news pertaining to the ceremonies of March 4 will be prepared and disseminated throughout the United States. The Official Program. Scott C. Bone, chairman of the committee on printing, announced that the official program of the inauguration events has been prepared, and he is now advertising for bids for the printing. Thomas J. D. Fuller, chairman of the committee on souvenirs and tickets, reported that all his designs are ready for the printer and engraver and his committee followed to some extent the souvenirs of former inaugurations. Tiie Taft and Sherman souvenir, he explained, will be an engraved folder or cover, having on its face the great seal of the United States, and on its reverse side a picture of the Capitol. Inside will be engraved portraits of Mr. Taft and Mr. Sherman, with biographical sketches of both. On a leaf will be the names of the members of the inauguration committee and an engraving of the White House. The admission tickets and program covers will be enriched by the government seal handsomely engraved. Map of City for Visitors. Samuel B. Hege reported from the committee on transportation that the railroads have not as yet fixed rates between all points and Washington. He expects to make a definite report by the middle of January. M. I. Weller, chairman of the committee on public comfort, submitted to the committee a convenient form of a map of Washington and vicinity, copies of which will be sent to all organizations that indicate their intention of participating in the ceremonies of March 4. John B. learner, chairman of the committee on reviewing stands, reported that drawings of the reviewing stands have been prepared, and the stands will be similar to those four years ago.t Edward W. Donn. jr., chairman of the committee on street decorations, announced that the scheme for the court of honor is ready and his committee is getting estimates for Its construction. William P. Van Wickle, chairman of the committee on historic sites, reported progress, and Bernard R. Green, chairman of the committee on Illumination, reported that he is co-operating with the committee on street decorations. Also that during the inauguration period the dome of the Capitol and the Washington Mounment will be illuminated. Cadets to Parade. Gen. George II. Harries reported from the committee on military organizations that the West Point Cadets have been ordered to take part in the inauguration parade, and a similar order will probably be Issued to the naval carets at Annapolis. Percy S. Foster, chairman of the committee on music, reported that the usual music will be supplied the inaugural ball. Concerts, to be given March 5 and 6, have been arranged for. Glee clubs, instrumental music and miscellaneous musical organizations will furnish programs for the morning concerts. Military bands and choruses will supply the evening concerts. Applications have already been received from a large number of glee clubs. R. X. Brooke, chairman of the eommiti ?<-.** mi meflals and badsres. renorted that he has made arrangements with the companies that made the badges, etc., four years ago to dd likewise this time. The souvenir medallion will be two inches In diameter, and has bas-reliefs ! of the heads of Mr. Taft and Mr. Sherman upon their faces. Chairman Samuel H. TIcge of the committee on transportation today added to his committee the following additional members: George \V. White. George G. Walson, A. G. Clapham. E. \V. Wheeler, T*\ T.. McKenna. Dr. F. E. Gibson. .1. Frank Trazzare, W. T. S. Rollins, E. F. Andrews, C. R. tfappone. J. Howard Fishback. Additions to the committee on comfort at the ball were made by Maj. Jaitles E. Bell, chairman, as follows: II. Clay Powell. jr.. Maj. Glendie B. Young. Maj. Anton Stephan. Maj. William K. Harvey, Maj. Joseph F. Hodgson, Maj. W. A. McCatliran, Capt. Ecroy W. Herron. James Frances Smith, Edward P. Harrington. Troops Will Parade. Gen. Hell, chief of staff, lias issued special orders in regard to the troops ordered home from Cuba which are to take part in the inaugural parade. These troops consist of headquarters, band and the 2d and 3d squadrons of the lltji Cavalry, Batteries A and B of the 2d Field Artillery: headquarters, band and 2d and 3d battalions of the -"itli Infantry; headquarters, band and 1st and 2d buttations of the 11th Infantry; headquarters band and 1st and 2d battalions of the 27th Infantry. These troops will be mobilized at Camp Columbia. Havana, and will sail as one command February 2H. in time to arrive in Washington city the morning of March St. After the parade inauguration day the troops will proceed to their permanent stations in the south and west. Battery F of the 3d Field Artillery is Under orders to sail from Havana February 12 and take station at Fort Myer, Virginia, so that that organization will be here in time to take part in the inaugural parade. Militia Organizations Coming. Adj. Gen, Bingham of Massachusetts has notified Gen. Johnston, chief of staff to the grand marshal, that the National Guard of that state is taking great interest in the coming inauguration of Mr. Taft, and that two regiments, and possibly a provisional regiment, will participate in the parade. Gov. Draper will be present with hi? staff. Gov. Stuart of Pennsylvania has given notice that that state will be represented In the Inaugural parade by a provisional brigade of three regiments. The governor and his staff will also be present. Word has been received from Ohio that the authorities of that state are making i plans to send two regiments of the N'a tional Guard of that state to Washing ton at tiie inauguration, i nis> representa tlon will bo in addition to Troop A of ; Cleveland, whteli organization lias been personally selected bv Mr. Taft to act as his personal escort. ? PRESIDENT CULLS I LOB EARLY ACTION (Continued from First Page.* ' ' which will effectively cover any future case of the nature of the one discussed in the report. In his message to Congress, which is short but emphatic, the President says: ] "I transmit herewith for the consideration of the Congress a letter from the Attorney General and accompanying pap?rs, and call particular attention to the copy of the' communication of United States At- . torney Baker under date of January a. The situation in reference to the composition of illuminating gas furnished in the District of Columbia is one that would seem to require immediate action. "TilEODORE ROOSEVELT, "The White House, "January 7, 1909." Commissioners Will Urge Congress to Take Action ______ k In accordance with the suggestions contained in the letter of United States States District Attorney D. W. Baker regarding carbon monoxide gap, the District Commissioners today decided to urge Congress to pass legislation either forbidding entirely the manufacture of water gas in the District or restricting it within safe limits. 'The corporation counsel has also been asked to determine whether the Commissioners can take some steps, pending legislation, either to prohibit or reduce the amount of water gas distributed by the Washington Gas Light Company. In addition, the corporation counsel is also considering the draft of regulations governing the installation of gas water heaters and similar apparatus around which lurks the danger of the fatal escape of carbon monoxide gas. The action of the District Commissioners was taken on the motion of Commis- i sloner Macfarland. As soon as he reached j his office in the District building this j morning he read the letter of the United; States district attorney in which the | dangers of carbon monoxide are brought i ft It# l~ X d~k 4 ll All koiro it I ? >><! inn r># ? > I *'ui. iit: luvii me jh i-j'rti at ium ui a motion to be presented to his colleagues, outlining tlie steps to be taken by the Commissioners to prevent further fatal accidents from the effects of carbon monoxide gas. Would Remove the Menace. Commissioner Macfarlands motion, which was approved by the board of Commissioners, follows : "In view of the statements contained in the report of Mr. Daniel W. Baker, United States attorney for the District of Columbia, respecting the carbon monoxide in the gas nuyiufactured and furnished by the Washington Gas Bight Company. I move that the Commissioners recommend to Congress that it amend the laws respecting the Washington Gas Bight. Company in its manufacture and distribution of gas 'by either forbidding entirely the use of water gas or restricting the quantity used to such a minimum that its presence in the composition of the city gas [ would be insignificant iAid harmless.' "As tlie district attorney states, similar measures of protection have been taken by the legislatures of other jurisdictions. While the Georgetown Gas Bight Company does not at present make water \ gas, but manufactures and furnishes coal ; gas, it should he included in any legislation that Congress may enact to prevent the dangers due to the presence of water gas. "I also move that the corporation counsel be requested to advise the Commissioners whether pending the enactment of such legislation any legal steps can be taken by the Commissioners to prevent or reduce the manufacture and distribution of water gas by the Washington Gas Bight Company." When the motion was laid before Commissioner West be at once approved it. Regarding the steps which the Commissioners are taking to regulate and safegukrd the use of gas water heaters Commissioner Macfarland said? "The corporation counsel is now drafting a regulation for the Commissioners to safeguard the use of gas water heaters, the matter being referred to the corporation counsel January 2 by the Commissioners, in view of the recent accidents, and that regulation will be promptly put into force; but this is only a temporary expedient because the only complete remedy is to prohibit the production and distribution of water gas in any dangerous quantity." * Regulations Drafted. .Shortly after the first fatal death attributed to the escape of carbon mon vaiub gits iium a gas waier neater the district inspector of plumbing took up the matter of regulating such heaters. He recently made a recommendation to the Commissioners that an amendment to the gasfltting regulations be promulgated covering gas water heaters. This amendment was referred to the corporation counsel, and he said today that the draft prepared by the plumbing inspector will be approved by him. It Is expected that the amendment will be promulgated shortly. In recommending the promulgation of \ the amendments Plumbing Inspector Davis says: "Owing to the several accidents which have occurred, due to the carelessness in some cases in lighting and operating hot water heaters, and in the absence of any regulation governing same. I suggest that section " of the gasfittlng regulations be amended. "1 make this suggestion regarding the I amendment to the regulations because 1 believe some supervision should be given tlie installation of these heaters. Frequently they arc so installed as to make It Impossible to remove the jacket surrounding the water heating surface for cleaning purposes, thereby accumulating soot, which, together with the gns. helps to generate gases which prove tp he disastrous to life or. if not 1 atal, to produce violent headaches." Recommended by Inspector. The regulation as proposed by the plumbing inspector is as> follows: "All gas water heaters shall be provided with a door, through which the gas burner and all the heating surface shall he exposed for the purpose of lighting and cleaning, ami said heaters shall be provided with a flue pipe to carry oft the noxious odors emanating therefrom to I the outer air. "The use of pilot lights on water heaters is absolutely prohibited, except lor large water heaters automatically operated by thermostat. "The shuttle on the mixing valve shall be so constructed as to prevent the possibility of disarrangement due to carelessness, expansion or contraction, yet be ac-1 cessible and easily controlled. nn*l. - t. . ^ 1 1- .. 1 1 n I ,-nl n|/>?nu t i 1 11*5 llfHlfl Mian I?Ul iff ^ri fiuafl iu the floor than two feet six inches, measuring front the top of the burner. "When complaint is made of existing j gas water heaters they shall he made to conform to tlie above requirements or be replaced w ith lieateis of approved type." INTEREST AT THE CAPITOL. House District Committee May Soon Take Up Gas Question. The House District committee at its reg-1 ular weekly meeting' today discussed more or less informally the reported presence in large quantities of that deadly gas carbon monoxide iu the illuminating gas supply of the District of Columbia. There was no quorum at the time, and so the committee could not have taken any action even if it had desired. An influential member of the committee told a Star reporter this afternoon tl^iat every member of the committee was deeply interested In the subject, and that if investigation showed that the analysis in question. showing JO or SO per cent of carbon monoxide in the product of the local gas companies, was correct, he would Introduce a bill to correct the evil. A special I meeting of the committee may be called to consider the matter. The report transmitted to Congress by i the President will be found elsewhere la The Star. j IS POSTEDOH AFRICA I rraveler Finds President Well I Informed. fALKS TO HIM OF TRIP 1 r Mr. Mac Queen. Just Back, Says 1 Elephants Are Plenty. I MANY WHITE HOUSE CALLERS 1 Vice President and Senators Dolli- 1 ver. Hale and Burnham Among Today's Visitors. Peter McQueen, raconteur and traveler, | just back from a year's tour in Germany ' and British West Africa, where he trav- ' cled over much of the territory President Roosevelt will visit on his coining jour- 1 ney, talked with the President today 1 about his experiences. Mr MacQueen is 1 well known to the President, having been with the Rough Riders part of the time in Cuba, where he was a correspondent. "I found the President mighty well in- ' formed about all parts of the country he will visit this year," said Mr. MacQueen. "It is really marvelous how thoroughly 1 he has mastered the facts. I told him about my experience in climbing the highest mountain in Africa, Kilimanjaro. In German Kast Africa. This beautiful mountain is 19,900 feet high. With my photographer I got within 400 feet of the top. The photographer fell and broke three ribs and I had to give up the climb the remaining distance. Americans He Will Meet. "The President wants to get to Africa before the rainy season is over, so that he will see that eountrv under all conditions. The rainy season ends in June, and he will have at least a mouth there 'before the dry season begins. The President is to be entertained in Africa by some of the most noted men there. Sir Alfred Pease, who has a farm of 100,000 acres 1!00 miles inland from Mombasa, will have the President with him some days, and George McMillan, a millionaire American who lives at Marobi. still further inland, will also entertain the President at his splendid place. Mr. McMillan is a nephew of the late Senator McMillan of Michigan, and is conducting some wonderful experiments in crossing the zebra with donkeys. "Yes, the President will find elephants on the route he will take from Mombasa to Cairo. The King of Uganda, a tine young native, told me that last year ninety-nine elephants were killed in the region around Lake Kioga, "in the heart of the Uganda country." Senator Dolliver today invited President Roosevelt to attend the dinner of the Iow:a Society in New York, March 10. The President said he regretted he could nof go, as the date was too near his African trip. Cape Nome Marshalship. Senator Fulton of Oregon, whose term of office will expire on March 4, and who failed to receive the vote of the Oregon primary for re-election, has been balked in his efforts to secure the reappointment of a constituent as United States marshal at Nome. Alaska. Marshal Powell lias served four years, and his good record In office is not disputed, but when Francis A. Heney, the graft prosecutor. was in Washington recently he advised against Powell's reappointment on the ground that Powell was associated with certain transactions In Oregon more than four years ago. Senator Fulton, who called at the White House this morning, said he believed the President would allow the appointment of a new marshal to go over until the Taft administration. Representative Gardner of Massachusetts called on the President this morning to recommend the appointment of Dan Sutherland to the Nome marshalshlp. Mr. Sutherland has been engaged in mining at Nome. Asking for a Pardon. Rev. Dr. L/eonard Levy of Pittsburg called on President Roosevelt today to urge a pardon for E. J. McMillan, one of those connected with the failure of the Enterprise National Bank at Pittsburg. Dr. Levy said that President Roosevelt had already commuted the five-year sentence of' McMillan to expire next July, but that he would like to see a pardon owing to the fact that McMillan was not one of the higher officials of the bank and was influenced in his participation in the wrecking of the institution. Dr. I^evy is also here to arrange for a cabinet officer to speak at the centennial Lincoln celebration at Pittsburg next month. Senator Hale conferred with the President during the morning, presumably about the secret service and detective reports that have been received by the Senate committee on appropriations from the White House. Senator Hale would not. however, talk about this or any other matter. Senator Hurnliarn introduced some friends, among them Judge and Mrs. E. E. Leighton of Claremout, N. H., and Judge and Mrs. Hall of New York. Representative Lamar called on the President to introduce Mrs. Lamar. Representative Goulden of New York Introduced some l'riends. So did Representative Kuesterman of Wisconsin and Representative Ualder of New York. Representative Hughes of New Jersey introduced James G. Blauvelt of Palerson. a member of the New Jersey legislature. Senators Foster and McEnery of Louisiana talked to tlie President about a bill in which they are interested. Senator Flint also saw him. Vice President Fairbanks is to be in New York tonight to address the Italian meeting at Madison Square Garden and called to inform the President that he will not be at the White House tonight to attend me reception. Gifford Pinchot talked with the President today about the plana for the North American conservation meeting; to be held at the White House next month. He said that the outlook for an enthusiastic and successful meeting was excellent. Mr. Pinchot expects to go to the City of Mex. ico the 12th of this month to invite the participation of the Mexican government. OPEN-AIR TREATMENT 0. X. i Two Cold-Proof Babes Thrive Under Unique Conditions. CHICAGO. January 7.?There are two cold-proof babies in Chicago who are enjoying a drop in temperature which has brought discomfort and suffering to the rest of tiie population. One is at a leading hotel, inio which she was carried, minus shoes and stockings, by her father, Thomas Robertson of Houghton, Mich. Mr. Robertson said they were on their way to the south and that his baby daughter was being treated for a complication of diseases, a part of the remedybeing bare legs and feet. He said the treatment was proving successful, and the healthy face of the sleeping child In his arms bore evidence that she was resting comforta bly. The other baby is a child of Thomas Fitzpatriek. a policeman.. A year ago it was puny and the parents thought they would not be able to raise it. On the advice of Health Commissioner Evans the baby was given Its afternoon sleep in the open air. This has been kept up, summer and winter, and the child is now one of the healthiest in the city. # Explosives Not to Be Bought. On the recommendation of Gen. Crosier, chief of ordnance, Secretary Wright has covered hack into the Treasury $100 000, representing the entire amount appropriated by Congress in March. 1901, to enable the Secretary of War to buy the right to use the Isham high explosive shell and the high explosive thorite invented by Dr. Tuttle. on the general ground that these explosives are not suitable for the military purpose of the government. INS LEWES STAND Shows Depression at Conclusion of Four Days' Ordeal. j MINKS HE HAS AIDED CASE! District Attorney Says Defendant's Story Is Shattered. [XTc WKTiWfi MTTT.TTPLTED Medical Testimony to Consume Trial During Afternoon?Hypothetical Questions to Be Put. FLUSHING. X. Y.. January 7.?After many hours on the witness stand, where Ills story of the killing; of William K. Annls was probed in its most minute detail, Thornton Jenkins llains was excused today from further examination l?y counsel for both sides. llains showed signs of great depression as he took his seat beside his counsel on leaving the stand. Medical testimony regarding the sanity of Capt. Hains will consume the afternoon session. District Attorney Darrin says lie has shattered the defendant's story beyond repair. This was tho fourth day that Thornton llains has faced the jury. Today he asserted his belief that next week would find him a free man. I have toia oniy tne irimi io me court." said IJains. "and Mr. Darrln has not forced me to deviate from It. When I could not remember the smaller details?a broken sentence, an Insignificant action?I have frankly said so. "My story In the material points is unshaken and will be believed. Men are not convicted for failuse to recollect some Inconsequential utterance of a few days past." Medical Expe#ts Next. The defense to Its medical experts will propound its hypothetical question, containing all the lay facts regarding Capt. llalns' sanity. Prosecutor Darrin will conduct the cross-examination of Plains' medical experts under the coaching of Dr. Austin Flint, who was one of the central figures in the array of alienists at the Thaw trial. Justice Frane insists that all the evidence in the case must be in by Saturday night. The summing up of counsel for both sides will require all of two days, and the jury will probably retire for its deliberation on Wednesday. Halns said in answer to an interrogation from District Attorney Darrin, when court opened, that he had authorized some statements printed under his name in a New York newspaper last November. The witness was shown another newspaper clipping. He stated he had made some statements contained in the article. "Did you tell any one that the sight of Annis inflamed Peter's mind?" "No." "Did you say it all happened so quickly 'I was powerless to do anything?" " "Ne." Hains Denies Statements. The district attorney read from the newspaper clippings and asked the wit ess it lie Had not saiu mat on meir motor boat trips he and his brother always were armed, iiains denied he had made any such statement. Dropping the line of inquiry. Darrin developed from the witness that prior to August 15 he had never seen the witness Tierney, and, except on the witness stand, had not seen him since the shooting. On cross-examination yesterday Kains said he saw Tierney on the float for a moment. Hains further said that lie saw no children on the dock, which Tierney, the defense's witness, testified to. The defendant was questioned carefully about what he said and did after the shooting. Hains was shown a paper purporting to have been written by Capt. Hains while In the police station s.-eli in Flushing. The witness said it did not look like his brother's handwriting. Darrin then showed Hains other telegrams which were sent by the defendant soon after his arrest. He admitted that the signatures on the telegrams were his. "Did you write to Mr. Ripley: 'I'm not through with Billy Annis'?" "I don't recall." This closed Thornton Hains' long crossexamination. Why He Did Not Tell Brother. Mclntyre. on redirect examination, called Hains' attention to his testimony under cross-examination ot the incident in Marbleliead in wdiicli Annis and Mrs. Hains figured. Hains said the reason he did not tell Capt. Hains was because he did not want to wreck a man's home, when he had only heard that Annis and Mrs. Hains had been at a hotel. "My brother had a child at that time," said Hains; "and, further. I did not see my brother for a year, and then only for a few hours." In explanation of what he meant by the word "gear," which he said on direct examination had been taken from the boat to his some. Hains said that gear in a nautical sense meant anything taken from a boat, and. in this Instance, meant a fishing reel, a revolver, a penknie and a small flask or wntsicy. Asked why he had left Capt. Hains standing on the dock alone when AnniB was so near, Hains said: "Always before, when I took liim by the arm and told hint to come, he had always done so. I though this time also ho would come with me." On re-cross-examination Darrin asked: "Did the fact that Annis told you not to tell your brother of the Incident In Boston the next day after It happened have any part in the reason for your not speaking to Capt. Hains about It?" "No." Thornton Hains left the stand at I'J o'clock. Urged Brother to Go Home. The prosecutor took up the killing at Bayside yesterday afternoon, after recess, and cross-examined Thornton Hains on all points of his story. Hains related tht story substantially as it appeared in hli first testimony. Hains said that when he saw Annis' boat nearing the dock he turned to Mi brother and said that Jesperson was not there, and that he was going home. "What did you do then?" "I .put iny hand on his arm and hi threw it off. t then said I was goinf home, and walked about thirty or fortj i'eet up the dock. 1 turned around when I had gone about thirty l'eet and could hfalhai- 1 eaur nnltr \f i-a iiui ncr ji1> uiuiiivi 1 fa n a*i o, Annis on liie dock." "What did you do next?" "I went to look for my brother." Hains said that when lie put his hand on his brothers arm the tatter's eyei were glassy, his arms were folded acrosi his breast and his head waB bent down "Did you do any other act to induct him to go home?" "Yes; I twice told him that I was goinf home. I was excited because Annis wai there. My brother threw my hand off at I shoved him around." "Did you remember your mother and father's admonition to take care ol Peter?" Objection to the question was anatained. Asked if the testimony of Mr. Punkt that he had asked where Annis was, and that Funke pointed out Annis' boat, was correct, Mr. Haius said: "It's absolutely false. I never said such & thing." Discrepancy in Testimony. "Now, do you recollect that on Monday you testifho dthat when you turned away from your brother, you walked ten or fifteen feet up the dock?" Mains said he did, and the district attorney, calling his attention to his testimony yesterday when he went thirty or forty feet up. the dock, asked the de fendant if lils memory was any better yesterday than on Monday. "I think, your honor. I have had enough of the memory buafcness." said Main.*. "I have answered to the best of my recollection." When the shooting was jetting on, the defendant said, lie saw only his brother on the float. Halns said that his brother was kneeling down and his head and shoulder* were concealed behind the sail of Annls' boat. "Did you bear any shot fired when h? rose ui>; No." "Then alj of 1he shot* were flred while he was under the sail?" "Yer." It has been shown that one of the she'* went through the sail a /oot front the mast, which is several feet from wheto Annls was sitting when the llrst altot was tired. Mains said that Tonning struck hi* brother and the revolver dropped to the float. Mo did not < < ? Annls fall In the water. Mains said that after tlie shooting and Roberts had picked up the revolver he still thought there were undischarged shots In the we;ipon and drew his revolver. The witness, who previously had testified that he had never seen the revolver in his possession until after the shooting, suddenly added that MaJ. Mains had a similar revolver andu it contained seven shots. The defendant said thai when he drew his pistol and called for an officer every one but his brother and himself had left the dock. Court then adjourned until today. m MINK CHflRT iiiu nuuuuniu uiiuill Alexandria Electric Light Company Clerk Absconds. / HE ADMITTED HIS GUILT T. C. Roderick Promised to Ask Relatives to Make Good. TELLS OFFICIALS OF HIS ACT Not to Be Found When Warrant for His Arrest Is Read y to Serre. Had Many Friends. ? m Special Correspondence of The Star. ALEXANDRIA, Va., January 7, 190?. A state's warrant for the arrest of T. C. Roderick, formerly superintendent of the Alexandria Electric Light Company, charging him with the embezzlement of $474,JO belonging to the company, was sworn out last night by H. J. Maklver, secretary and treasurer of the company. Roderick's home was afterward searched by the police. - It is said that Rodrick left the city about 9 o'clock last night for parts unknown. and has not been seen since. Lookouts have been sent, and the police have notified other cities to take him Into custody, if found. Mr. Maklver stated to a reporter for The Star this morning that Roderick's total shortage with the company will amount to approximately $1,509. Mr. Makiver and several other officials of the company had Rodrick at the company's office last night, going over the books. Rodrick admitted being short the amount . given in the warrant, says Mr. Makiver. Promised to Maae Xlood. When asked what he proposed to do about the matter, Mr. Makiver declares, Roderick said he would see some of his ' relatives and try to make good. His services as superintendent were then dispensed with, i Roderick turned over the keys of the office to Mr. Makiver. Roderick was requested to report at the office at 9 o'clock this morning. Immediately following the discovery of the shortage and Roderick's alleged admission, Mr. Maklver says he scoured the warrant. Mr. Maklver says Roderick contracted a number of bills in the name of the company for which he really had no au thority. Roderick was not bonded. Failed to Credit Books. J. L Rigby, vice president of the company, also said that Roderick's total shortage with the company will probably reach $1,500. He added that the money taken by Roderick was collections foi lights, and that Roderick had failed tc credit the collections on the books. II Is alleged that the money was taken ic small sums from time to time. Married and Well Liked. Roderick is married and Hves with hii family at 801 Duke street. He was ap. pointed superintendent of the compan> last July, succeeding a Mr. Darrah. Ht came to Alexandria from Holly Oak. Del Roderick is about thirty-rtve years old. During his stay in Alexandria, he won foi himself many friends. Following the dismissal of Roderick tin officials of the company appointed Dee S. Kirby as superintendent. Mr. Kirby has been assistant superintendent lor somt time past. The Alexandra Electric Company t owned by a northern syndicate, many ol whom are from Pennsylvania. POPE TO TAKE ORPHANS. Will Care for One Thousand Little Quake Victims. ROME, January 7.?Pope Pius has undertaken to educate 1.000 of the children who were orphaned by the earthquake He will also clothe and feed them unti they are able to earn their own living. His holiness has been so profound I j moved by the calamity that his healtl has perceptibly suffered. That thousands perished who might vf*l be alive today Is the opinion of a Japa nese commissioner who had been sent b> his government to consult In regard U methods of safe construction of building? in regions where convulsions of the eartt - are to be expected, an Is tlie cast i throughout Japan. He happened to be ir i Rome at the time of the catastrophe. A' , soon thereafter as possible he made a tour of investigation in Calabria anr Sicily, especially studying the ruins oj collapsed houses. He has now returnee i to Rome. "I have inspected the wrecked house] in Calabria and Sicily," the commission*] said. "Their whole system of architect lire was in the highest degree unsuitable Their walls were weak' and their rnofi ; were heavy. Exactly the reverse ehoult ' have been the case. A good many house: i which were built after the earthquake o: I three years ago withstood the ahoeki . without material damage to themselves 01 to their Inmates." CAPITAL WORM TURNS. , Glass Company Files Damage Suits Against Labor Union Members. UNIONTOWN*. Pa., January 7. The r Jeannette Glass Company of Point Marlot i lias instituted damage suits against ten 1 of its employes in Fayette county eourti I for alleged violation of contract in obey, f ing the recent strike order of President Faulkner of the Window Glass Workers' Association- It is stated that the committee of the Glass Manufacturers' Assoclai Hon will meet in Pittsburg January 14 to , consider similar action by instltutins , damage suits against the organisation at a union and the men as individuals. \l! i the defendants in the suits tiled here are property owners. This is the first move made -by the manufacturers to force the hand glassbloweri to respeot their agreement, effective untt July 31. It is said the defendants wilt receive llnanclal support from the organl A<\ tiuu. J. S. Yoder of Roanoke. Va., was acquitted of the charge of misapproprlatinf about $1,000 of the funds of the BroLliav hood of Locomotive Firemeu.