Evening star. [volume], May 10, 1910, Image 1

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No. 18,123. ' AVASHINGTON, D. ., TUESDAY, MAY 10, 1910.-EIGHTEEN PAGES. TWO CENTS.
~=z:- i | 777 j 7 7^ i jfc ... ^.imU?ii njkask ^bb a~
QUERY IS EXCLUDED!
Ballinger Not Allowed to Tell
About Piles' Election.
BRANDEIS DIGS UP STORY
I
Senator Gave Credit for Success to
Cunningham Claimant.
ROOT TO AID OF WITNESS
Objects to Persistence of Demand for
Specific Definition of "Clear
Listing" Claims.
Secretary Ballinger continued under
cross-examination by Attorney Brandeis,
counsel for B. R. Glavis and others,
^ hen the Ballinger-Pinciiot investigation
was resumed today.
The congressional committee will meet
on four days this week, in the hope that
the attorneys will conclude their questioning
of the Secretary of the Interior
by that time. Commissioner Dennett of
the general land office and Chief of Field '
Division Schwartz will be the next witnesses
to take the stand for the defense.
Brandeis Asks About Memoranda.
Attorney Brandeis had requested the
committee to call upon President Taft
and, through him, upon Oscar I^awler,
assistant attorney general for the Interior
Department, for the memorandum
which I-awler took to Beverly from
"Washington last September, and upon
which the President's letter exonerating
llallinger and dismissing Glavis was supposedly
based.
Mr. Brandeis, at tiie opening of the
hearing today asked what disposition
had been made of his request. Chairman
Nelson replied that it had not
been acted on. owing to the limited
membership present when executive
sessions were held.
Mr. Brandeis strongly intimated during
his cross-examination of Mr. ,Ballinger
last Friday that the President
had not carefully weighed the Glavis
charges himself, but had taken action
upon a mepiorandum prepared for him
by Mr. Lawler.
Piles Election Brought Up.
A spirited controversy among members
of the committee was precipitated
when Mr. Brandeis asked Secretary
Ballinger if he hadn't heard it stated
rn a most public manner by Samuel H.
Piles that Charles Sweeney, one of the
Cunningham claimants and president of
the Federal Smelting Company, a subsidiary
company of the Guggenheim
syndicate, had been instrumental in
Piles' election as I'nited States senator.
Senator Sutherland objected to Mr.
Brandeis' "dragging a Senator into this
investigation." He said the committee had
not been authorized to investigate a senator,
and he protested against bringing
Mr. Piles into the inquiry.
Mr. Brandeis explained that he had no
desire to reflect on Mr. Piles other than
to show that he had been the instrument
the hands- "powerful Interests
of the northwest to bring about the selection
of a man for commissioner of the
land office who held different views on
Alaskan matters from Secretary Garfleld.
Ballinger Not Allowed to Answer.
Chairman Nelson put the question to a
vote and by a party vote of 2 to 4 the
committee decided that Secretary Ballinger
should not be allowed to answer
the question.
Mr. Ballinger had previously admitted
that, as a matter of common rumor in
Seattle, he had heard that Sweeney had
taken an active part in Piles' election.
Mr. Braneis read a transcript of an
article published in a Seattle newspaper
in January, just after Piles' election
as senator. It told of a celebration
held at a Seattle hotel and later at a social
club, in which Mr. Ballinger. then
mayor; C. J. Smith, E. E. Todd, I'hited
States district attorney at Seattle: H.
C. Heney and C. J. Smith, two of the
Cunningham claimants, participated.
Mr. Piles was quoted as saying in a
speech on that occasion:
"I owe my election to Charles
Sweeney. He made me senator."
District Attorney Todd was quoted as
saying:
"We're all Sweeney men now."
Ballinger Would Not Recollect.
Mr. Ballinger said lie had some recollection
of the celebration, but that he
had attended simply in his capacity as
mayor, and did not recall and did not
intend to attempt to recall what was said
Jn that occasion.
"My appointment as commissioner was
accepted under protest." said Mr. Ballinger.
"It was declined by me when Mr.
Piles wired me urging me to accept.
"1 accepted only on the urgent request
ui President Roosevelt and Secretary
Garfield, and then only after a full consideration
of what L conceived a publicduty."
Root Objects to Persistence.
Mr. Brandeis questioned the Secretary
bi gieat length regarding the "clear listnig"
of the 'Cunningham Alaskan* coal
claims. He asked hiir. whether he thought
clear listing was, in effect, a declaration
that the necessary examination for
aims had been made and there was 110
leason why they should not be patented.
Mr. Bailinger did not answer specifically,
as requested by Mr. Brar.deis, but reiterated
his former statement that if lie
had the same thing to do again he would
"> iear list." the Cunningham claims 011
the record he had before him.
Mr. Brandeis had the question read to
the witness three times In an effort to obtain
a specific answer. Senator Root protested
against his persistence as a "perfectly
frivolous waste of time."
The committee, by a party vote, decided
that Mr. Bailinger had answered
.sufficiently.
FIVE HIT BY FLYING BRICKS.
Boy May Die, and Baby Injured in !
Explosion.
NEW YORK, May IO.?Five persons,
one of ti;em a week-old baby, were injured
by an explosion and fire in the
Hamilton building 011 Main street, Ilackensack,
N. J., early today.
The explosion is presumed to have been
due to escaping gas. The building, a
s-torp and rpKirfpnrp structnrr* uas nmu
pletely wrecked.
The injuries to occupants were caused
by flying bricks, one of which struck the
infant child of Mrs. John Morgan and
others, injuring John Morgan so seriously
that he may die. The Morgan boy
got his injuries going to the rescue of his
mother and infant brother.
The loss is estimated at $t?.?,000.
Jealous of Brother, Kills Girl.
LYNCHBURG. Va.. May 10?In a jealous
rage, John Going, on Sunday shot
and instantly killed his sweetheart, a
Miss Banton. in lower Amherst county,
f because lie found the young lady out
driving with his brother.
Realizing the enormity of his crime,
he then turned the revolver upon himself
and inflicted a wound which probably
will prove fatal.
HYDE KEEPS NERVE
Glad to Testify in Swope Case,
He Declares.
DENIES HE GAVE POISON
Never Adninistered to Swope Except
fcr Medicinal Purposes.
CYANIDE TO KILL VERMIN
Admits Having Typhoid and Other
Germs in His Possession for
Experimental Uses.
KANSAS CITY. Mo., May 10.?Dr. B.
C. IlVde resumed his testimony in his own
behalf when the criminal court session
opened this morning. The physician
smiled as he came out. of his cell and
skipped up the steps that lead Into the
courtroom. Mrs. Hyde was waiting for
him.
Testifying doesn't make me nervous,"
lie said. "I'm glad to have an opportunity
to tell my story.'*
"Did you ever, after October 2, have
anything to do with the capsule you gave
the nurse for Col. Swope?" asktd Mr.
Walsh.
"No. sir," replied Dr. Hyde.
"Did Miss Keller ever say to you that
she would dislike to be held responsible
for Col. Swope's illness if he got well, as
she held the medicine responsible for his
attack?**
"She did not."
Dr. Hyde testified he gave Margaret
Swope a hypodermic injection of camphorated
oil ami nothing else. He said
that next morning Margaret's arm was
swollen.
Visit to New York.
i
It was generally agreed in the Swope )
house, said Dr. Hyde, that he should go
to New York and meet Lucy Lee Swope.
The physician denied he ever put any
germs in drinking water he is said to
have given the girl. Dr. Hyde said he
did not recall having given her a drink.
"I'pon your return from New Y'ork
did you find anything missing from your
office?"' queried Mr. Walsh.
"Yes; there were germs and poisons
missing. Among other things gone
were some typhoid and diphtheria germs
and some cyanide of potassium capsules."
answered the witness.
"Had you planned to experiment in
bacteriology?"
"Yes* even as early as August, 1908.
I arranged for space for a laboratory
in the building in which my ofiice is
located."
Asked about cyanide, Dr. Hyde ad-,
mitted he bought it of a local drug
a
"What fere you going to do with the
cyanide?" continued Mr. Walsh.
Intended to Kill V.txwku*"I
was going to use it to kill vermin.
The soiled towels in my office attracted
roaches and bugs, and as I took the
towels home every Saturday night I
wanted them as free from insects as
possible.
"I also used the dry cyanide to
sprinkle on towels when they were
spotted with blood and in cleaning nitrate
of silver stains."
"The reason I had the drug in capsules
was because it is a volatile poison, and
this was a convenient form in which to
have it put up to keep it from wasting."
"Was any of this cyanide ever given
to any human being?"
"No. sir."
"Did you ever give Margaret, Col or
Chrisman Swcfpe any poison except for
medicinal purposes?"
"I never gave poison to any one for
anv other than medicinal purposes."
"Did you throw away capsules of any
k'nd in a street in Independence on'last
December IS?"
"I did not."
At this point the defense closed its examination
of the witness.
MAN BLOWN TO ATOMS.
Not a Fragment of Explosion Victim's
Body Is Found.
PITTSBURG. May 10-The explosion of
a large Quantity of nitroglycerin stored
in a magazine at Burgettstown, fourteen
miles from here, caused the death today
nf un r.il n.<all clm.it..>' ! *? ?? ti L- UaCiiII/iiioIi i
?* ?*? v?? "vii i j * uim ^ivvuuvugii,
who was literally blown to atoms. Not
even a fragment of his body has been
found as yet. A team of horses driven
by McCullough were also blown to bits.
A negro walking across fields half a
mile from the nitroglycerin magazine was
knocked to the ground.
At Greensburg, eighteen miles from the
scene of the explosion, houses were rocked
to their foundation. In Pittsburg the
force of the shock was felt, especially on
the north side. A man flying carrier pigeons
on the north side hills says his birds
were stunned and felled to the ground by
the "force wave" of the explosion.
At McDonald the residents ran from
their houses, some shouting that "Halley's
comet had struck the earth." The
explosion broke hundreds of windows at
Burgettstown.
WOMAN'S HEAD SEVERED.
Fatal Result of Joy Ride in Touring !
Car. '
CHICAGO. May b>.?Before the eyes of
her husband and two sons, Mrs. Albert
Behr. wife of Albert Behr, a wealthy con- j
tractor, was run down by a party of joy
riders" in a large touring car at Kugenie
and Wells streets last night and instantly
killed. The woman's head was severed
i from her body by the wheels.
The machine, which was running forty
miles an hour, dashed on northward at an
increased speed following the tragedy. No
clue to the Identity of the occupants of
the machine was obtained by the police.
PPP.PAPTWG POP WAP
A w* 4b WAV ?? MM>I
Peru Regards Clash .With Ecuador
as Possible.
LIMA. I'eru, May 30.?Active preparations
for a possible war wit.h Ecuador
continue. Volunteers are enlisting daily,
and the war fund is being constantly increased
by private donations. In this
city ar.d its immediate vicinity 24.000 soldiers
are quartered, while 10,000 additional
troops are stationed near the frontier.
The Peruvian government believes that
it has reliable information that an effort
is being made by Ecuador to obtain an alliance
with Bolivia as against Peru. To
this end. it is asserted, a member of the
Ecuadorian cabinet left Guayaquil today
for 1 *a Paz, Bolivia, under instructions
to negotiate with the Bolivian government
and the Chilean minister at that
capital.
GREETED BY KAISER
Roosevelt Lunches With Emperor
William at Potsdam.
MANY NOTABLES PRESENT
Ambassador Hill and Royal Carriages
Late at Berlin Depot.
CHEERS FROM LARGE CROWD
Station Decorated With Flowers.
Ex-President and Party Guests
at American Embassy.
|_ IIMI MM*POTSDAM.
May 10.?Tlie much-discusseil
meeting between Emperor William
and Theodore Roosevelt took place
today.
The visit of the former President at
the new palace was devoid of any*
spectacular feature inconsistent with
the court mourning: for King Edward,
hut the occasion lacked nothing from
the viewpoint of hospitality and the
purpose to honor the distinguished
American.
Air. Roosevelt, who arrived in Berlin
this morning and spent the forenoon at
the American embassy, was escorted to
Potsdam this afternoon l?v Gen. Alfred
von Doe went eld, the personal representative
of the emperor, who was to
have met Mr. Roosevelt at the railway
station in Berlin this morning, but who.
in common with American Ambassador
Hill, misjudged the hour of the special's
arrival. The general joined the party
at the American embassy.
Mr. Roosevelt was accompanied here by
Mrs. Rosevelt, Miss Roosevelt and Kermit
Kooseveu, Air. and Alis. it li Capt. G.
Schartle, the military attache, and Lieut.
Commander Reginald R. Belknap, the
naval attache of the American embassy.
Met by the Emperor.
As their carriages drove into the courtyard
Emperor William appeared at the
principal entrance of the new palace
and descended the steps to meet his
guests- He extended his hand first to
Air. Roosevelt, then to Mrs. Roosevelt
ari l to Ethel and Kermit, greeting each .
most cordially. His majesty Wore the
uniform of the Garde du Corps, with a
helmet. * '
Preceded by the lord chamberlain,
Count zu Eulenberg, and master of the
imperial household. Baron von Lyncker,
the emperor, with Air. Roosevelt at his
right, entered the palace, and. passing
through the large apartment, popularly
known as the shellroom, showed his
guests into the smaller salon beyond. Mrs.
i^wocvcn riutitu on me arm 01 uen.
von Lowenfeld, and in turn was followed
by Ambassador and Mrs. Hill, Miss
Roosevelt and Kermit, Capt. Schartle and
Lieut. Commander Kelknap and Dr.
von Bethmann-Hollweg. the imperial
chancellor, with Prince Solms-Bareuth.
Within the salon the party was received
by Empress Auguste Victoria, Crown
Prince Frederick William. Crown Princess
Secelie, Princess Victoria Louise, Prince
Joachim and Prince Oscar.
Officials at Luncheon.
The luncheon that followed was attended
by a large number of persons, including
many government officials and others
prominent in public life. There were six
tables. At one of these were seated his
majesty, with Mrs. Roosevelt at his left
and the crown princess on his right; the
Chancellor General Von Plessin, Kermit
Roosevelt, Count zu Eulenberg. Mr. Hill,
Gen. Loewenfeld and Commander Belknap.
At another table the empress was
seated between Mr. Roosevelt and the
crown prince. The young Princess Victoria
was seated at the colonel's left. At
this table were Miss Roosevelt, ('apt.
Schartle. Foreign Minister Von Schoen,
Mrs. Hill, Prince Solms-Bareuth and the
Countess Keller.
BERL.N, May 10.?Former President
Roosevelt, Mrs. Roosevelt, Miss Roosevelt
and Kermit arrived here early today ;
from Stockholm, Sweden. They are
guests at the American embassy.
As is usual w lerever Mr. Roosevelt
stops, a popular crowd was at the- railway
station to give him a friendly greeting,
but, as has not been the case before
durin^, his European trip, the official
receiving party was not complete. As a
result of a series of misunderstandings
American Ambassador Hill was late in
reaching the station, while the royal carriages
intended for the use of the party
did not arrive until the Roosevelts had
been driven in other conveyances to the
embassy.
Annoyed at Mix-Up.
The representatives of the foreign office
were greatly annoyed over the unfortunate
mix-up. In the first place, some
one had told Mr. Hill that the special
train carrying the Roosevelts would be a
half hour late in reaching Bferliir. This
did not prove to be the case.
In the absence of Emperor "William,
who but for the death of his uncle. King
Edward, would have personally met the
former President, the official party of
reception was headed by Herr Von
Schoen, the secretary for foreign affairs,
who represented his majesty.
The main stairway leading from the
station to the street had been made beautiful
with potted plants, and as the
Roosevelts passed down to their carriages
they received frequent salutations
from the throng. The Roosevelts were
driven at once to the American embassy.
The former President's voice is still bothering
him slightly and one of his earliest
appointments today was with a throat
specialist.
Former Premier Censured.
CHRISTIANIA, May 10. ? Mr. Roosevelt's
visit here has been followed by an
i incident which is making a sensation in
| Norway. Mr. Roosevelt has severely
censured former Premier Gunnar Knudsen,
who is now vice president of the
I parliament, for using his name and quot!
ing him as a partisan in Norwegian
politics.
The former premier has been making a
campaign, and lias introduced a bill in
I parliament for the conservation of the
natural resources, chiefly the water
power, and the opposition party has been
i fighting this scheme as an infringement
on personal rights. At the recent gala
i dinner Mr. Knudsen had a conversation
with Mr. Roosevelt on the subject. The
latter, in the belief that he was speaking
of general principles, expressed warm
sympathy in the work. Mr. Knudsen
asked permission to make' the former
President's remarks public.
"Tell it to any one you like," Mr.
i Roosevelt replied, enthusiastically.
There was a considerable stir when
! the newspapers appeared quoting Mr.
Roosevelt as a warm supporter of Knudsen's
policy. Mr. Roosevelt summoned
Knudsen and insisted emphatically that
he issue a denial, and he himself wrote
a letter to the same effect.
The opposition papers are now attacking
the premier. The Aftenposten says:
"From the denial which Gunnar Knudsen
was compelled by Mr. Roosevelt to
make it appears that at the conversation
in question Mr. Roosevelt was thinking
of his own American policy, while Mr.
Knudsen was speaking of his Norwegian
policy. K'e will not dwell upon the want1
of discretion shown by Mr. Knudsen In
BMujOWmMryW
* ^^WuTtViiDrnkiiBJiV^H
wfz ? iLtWlUCSnU^K^H
I
trying to involve a guest of the nation
in our own internal political disputes and
trying to turn him to political account.
This want of discretion rightly aroused
a great deal of indignation."
To Attend Commencement.
CAMBRIDGE, Mass., May 10.?Former
President Roosevelt will take an active
part in the commencement season exercises
at Harvard University June 25-20.
As president of the Harvard Alumni
Association, in which office he succeeds
President (emeritus) Charles W. Eliot,
Col. Roosevelt will preside at the principal
exercises in Memorial Hall and will
participate prominently, following the
dictates of traditional custom, in the
other services and ceremonies during the
week.
Class day this year has been set for
Friday. June 24, the day following the
Harvard-Yale base ball game, which is
to be played on the stadium. Commencement
day is Wednesday, June 20.
JUDGE CHAMBERS CHOSEN
THIRD ARBITER TO SETTLE
RAILROAD WAGE DISPUTE.
Was Chief Justice of Samoan Court
and More Recently in Spanish
Claims Commission.
Judge William Lea Chambers of this
city today was appointed as third arbitrator
of the controversy between fortynine
railroads, operating: in the territory
west of Chicago, and the Brotherhood of
Locomotive Firemen and Enginemen.
Judge Chambers was selected by Chairman
Knapp of the interstate commerce
commission and Dr. Charles P. Xeill,
commissioner of labor, the mediators
under the Erdman act. For several
weeks they have been endeavoring to
lind a suitable third arbitrator, but none
of those whom they had under consideration
proved available. The selection
of Judge Chambers is satisfactory to
both parties to the controversy, and
official telegrams were sent to them today
announcing his appointment.
Judge Chambers was one time chief
justice of the international court at
Samoa, the other Justices of that court
being from Great Britain and Germany.
In 1001 he was appointed a member of
the Spanish treaty claims commission,
serving on that body for eight years.
While his office is in Washington, his
legal residence is in Sheffield, Ala., a
city of which he was one of the founders.
Judge'Chambers will leave Washington
for Chicago tomorrow morning, and it is
expected that the arbitration proceedings
will begin in that city Friday.
ThA nnpstiiinfi tn Ha urhltratpd will hft
* Vf ~ ?
those of wages and conditions and hours
of labor. It is recognized that the proceeding
will be the most important arbitration
matter that has been considered
in this country in relation to railway
labor for many years.
COMET IN BEST POSITION.
Nucleus Bright and Tail Is Twentyfive
Degrees in Length.
GENEVA, N. Y.. May 10,-Dr. William
R. Hrooks, director of the Smith Observar
tory and professor of astronomy at Hobart
College, reports excellent observations
of Maliey's comet this morning.
The comet was much brighter and the
tail could be traced to a length of twentyfive
degrees and nearly parallel to the
great square of Pegasus. The nucleus j
of the heavens.
Dr. Brooks says the comet is now in its
best position for morning: observation.
Prof. Brooks is the discoverer of twAityfive
comets, two of which are in the same
class of long-period comets as Halley's.
Jilted Lover Kills Himself.
HARRISBURG. Pa.. May 10.?Despondency
over being Jilted, it is believed,
caused Charles Shuey, twenty-two years
old, to commit suicide at his home in this
city today. Shuey was engaged to marry
a girl, but she chose another man. Last
night he cut her portrait from a frame
and. placing it beside himself, took chloroform.
When found Shuey had been dead
some hours. The girl's portrait was lying
on his arm.
PLAYGROUND POSITIONS
BACK IN THE RANK!
f /
Department Arranges to Rc
Pi BP A
fcniist Brownsville Soldiers.
FOURTEEN FOUND ELIGIBL
Entitled to Back Pay Amounting 1
$1,000 if Able to Pass Recruiting
Officer.
The War Department is taking steps
carry out that part cf the findings cf tl
recently concluded Brownsville ccurt <
inquiry regarding the re-enlistment 1
the members of the lluth Infantry wl
were found to have been free from a
complicity in the rioting at Brownsvil
in 1SJOG. There were fourteen of these me
and they are scattered all over the coui
try. The department has notified the
of their vindication and of their eligibilii
for reinstatement in the army under t!
terms cf the Foraker act. I'p to dite oa
six of the fourteen have indicated d?si
to re-enlist. They have been instruct!
to appear at the neaiest recruiting static
for examination. It is not mandatoi
upon the department, it is staled, to r
enlist these men except in its diacretio
This discretion will be exercised throuj
Inquiry into the physical condition
such of the men as care to appiy for r
enlistment, teir moral conduct sin<
their serration from the service, ai
other points deemed necessary to esta
lish their fitness for the service.
May Fail in Examination.
It is not improbable that some cf tl
soldiers officially declared to be innocer
may fail to meet the military requir
ment. Such of the fourteea as are ab
to pass the reciu.ting cilice s ex-im
tlon and secure reinstatement in t!
army will be entitled under the lawback
pay and emoluments amounting
nearly (1,000. Under the general regul
tions, any soldier In the army, with tl
upproval of the authorities, may pu
chase his discharge by the payment
the government of a sum ranging
amount from S120 after im- year .< soi
lee to after eleven years' service.
Consequently any one of the fourte<
soldiers who seeuie reinstatement in i
service-will draw about a-thousand d(
lars from the Treasury and, with tl
approval cf the military autnorlti s, mi
immediately use a portion of that mom
to purchase his discharge in case he do
not desire to remain in the army. Th
is a decided consideration to some of tl
men concerned, as their piesent civa ei
pioyment is more lucrative than is ser
ice i nlite ranks cf the army.
NFW INAUGURATION DATE
| W W W? W - w m v * w m ?
IN JOINT RESOLUTIO
House to Vote on Proposition Hoi
day Next, Substituting Last
Thursday in April.
The House of Representatives'- will vo
next Monday on the joint resolution
change the date of inaugurating futu
Presidents or Vice Presidents of tl
United States from the 4th of March
the last Thursday in April. The resol
ton also alfeois the temis of tne fies
dent. Vice President, senators and re
resentatives.
The House committee on the judh
ary, by special resolution, today a
thorized its chairman, Reoresentati
Richard Wayne Parker of New Jerse
to ask Speaker Cannon for .recognith
in order that he might call up t
resolution. The Speaker promised M
Parker he would recognize him for t]
purpose.
SENATOR DOLLIVER ON
THE LORIMER CHARGE
Doubts Whether Any Accusatic
Will Be Filed?Urges
All to Work.
CHICAGO. May 10,?Senators J.
Dolliver and A. B. Cummins of Io\
were in the city fcist night on the
way to Des Moines,-- where tonight tlx
. V
P/AVr- r-.~. / r
5.
Swill address a mass meeting on "Progressive
Republicanism." Mr. Cummins
went through to Iowa, but Mr.
Dolliver stopped over to rest and will
proceed today.
"I do not care to discuss specifically
the charges touching Senator Lorimer,"
said Mr. Dolliver. "The Senate is disJ.
posed to clothe any man with a pre- ,
sumption of innocence until guilt has
been proved. There has been no charge
filed against Mr. Lorimer and I don't
know that there will be, but if there is
it will present a peculiar case from the
fact that no member of the Senate ever
Ehas been accused of having been elected
by improper means after having occupied
his seat In the Senate as long as
has Senator Lorimer. In the case of
Senator Clark of Montana his seat was
q protested before he was inducted into
his position as senator.
"Senator Mitchell was accused of
wrong-doing during his term as senator.
He was indicted, tried and found (
guilty, but died during the action. The \
Senate took no action in the matter.
"Regarding the coming fall elections,
we must get to work and work hard for ,
to every congressional district."
I BUILDINGS ON AVENUE
ie
1 CONFEREES TO TAKE UP THE
ty ! OUESTION OF HEIGHT..
ie ' _________^
ly
re House Members Not Expected to Ac n
cept Amendment Excepting
e- Eleven Hundred Block.
n.
>11
^ The Senate and House conferees on the
pe bill to regulate tKe height of buildings
id in the District of Columbia will hold a
b- meeting probably the latter part of this
week. The Senate amendment proposing
to permit buildings on the north side of
Pennsylvania avenue between 11th and
lie 12th streets to be constructed to a height
'** ~>f 100 feet, is the one which will receive
I the most caretul and thorough considerf
| ation.
lie j Although the House conferees?Repreto
jsentatives Campbell of Kansas, Pearre of
to | Maryland and Borland pf Missouri?who
l'ie j were just appointed yesterday, have not
r- j had time as yet to look into the matter
to j deeply, they are inclined at first blush to
| question the wisdom of any such amendj
ment proposing to give preferential treatim
ment to any block on the Avenue and
,c thus throwing out of gear the whole
proposition with reference to a uniform
height of buildings on the Avenue. The
iy three House conferees say that they proey
pose to look into the matter very thoroughly.
? It is understood that the Raleigh
[J? Hotel Company, which desires to erect
~ a building on the avenue to a height
of ltin feet?thirty feet higher than is
now permitted by law?did not make a
request that the single block on the
north side of the avenue between 11th
and 12th be exempted from the opera.
tion of the law governing the height
|\j of buildings. This proposition, it is
said, originated with the Senate committee.
The hotel company. It is stated,
asked that the entire avenue be exit"
empted and tha.t for its entire length a
height of lGh feet be permitted, representing,,
it was urged, the proportionate
licreased height allowed to other streets
and avenues.
It is considered practically certain by
those who are familiar with the situate
tion that the House conferees will not
t agree to the Senate amendment exempting
the block from 11th to 12th street,
re ,
to INSPECTOR BYRNES BURIED.
u
p. Former New York Police Official
>i- Laid at Rest.
L1" NEW YORK. May 10.?The funeral of
vve Thomas Byrnes, formerly inspector and
iri chief of police of New York city, was
he held from the Church of the Blessed Sac[r
rament today, the Rev. Father Taylor
16 celebrating high mass. Burial was in Calvary
cemetery.
Chief Byrnes, who was more familiarly
known as Inspector Brynes, died late Saturday,
after a lingering illness. He was
g sixty-eight years old.
Dick's Candidacy Ooes to Primary.
?n CLEVELAND. Ohio. May 10.?A candidate
for t,he United States Senate can
be voted. upon in a primary election as
a recommendation to the state legislature,
according to a decision today by
Judge Iiabcock, in common pleas court.
P. who refused an application to restrain
ira the placing of United States Senator
lr Charles Dick's names upon the primary
ey ballot. _ _ ^^
ALKSUUI IN UUUKII
" I
)avis Interrupts Witness at
His Trial for Fraud.
(
HIS PLEA TO BE INSANITY
Jovernment Asked to Bear Expense .
of Proving Asylum Record.
NELLIE M'KEOWN ON STAND
?????
n.ii_ _ * T AA A/w\ nriai. A A
Lens ox -investing' nnu xlc. j ^
cused?Prosecution Outlines
Case.
Assistant United States Attorney
5roctor outlined to the jury today the
ase of the government against John ]
?. Davis, the Washington attorney who
vas placed on trial yesterday afterloon
in Criminal Court No. 2 before
lustice Stafford and a jury.
He pointed out that the evidence to
>e offered by the government would
show that Davis was engaged in a
luge fraudulent enterprise to cheat
ind defraud the citizens of this Disrict
and nearby communities.
Mr. Proctor told the jury that the t
12.000 obtained from Miss Nellie McCeown
of Cincinnati and the SIO.000
procured from Dr. Robert Lee Wilikns !1
>f Alexandria came into the possession d
>f Davis on the representation that he j
vas engaged in securing loans for large
Washington contractors to carry on *
>ui!ding operations.
Among the alleged contractors were:
Thomas A. Owen, who, in fact, was cap- f
tain of a steam barge plying on the Po- (
tomac; E. M. Austin, who really was
Miss Ellen M. Austin, a young stenog- i
rapher in government employ, and B. F. j
Wolfe, who was M*lss Bertha F. Wolfe, a
clerk in the pension office. y
"All Dupes of Davis."
For the moneys received from Miss
McKeoun and Dr. Wilkins Davis gave j
notes signed by one of the three sup- (
posed contractors named. j
All three of these persons, the assist- \
ant district atorney said, had been duped j
by Davis, with whom they had previous ,
business relations. The two young women
he said, signed the notes in blank foi
Davis under the belief that the papers (
signed were receipts to be used by Davis ,
when he collected money due them. Da- (
vis had attended to all of the business (
matters of Owen, and the latter had (
signed notes in blank, to enable Davis
to adjust, as he supposed, curtailments
on otner notes.
The prisoner sat unmoved during the
recital by the assistant prosecutor of his
alleged shortcomings. He gazed listlessly
about the room and out of the windows,
appearing to be the least concerned
among the persons in the courtroom.
Martin T. Davis, who is also under indictment
in connection with his brother's
career of high finance, sat near the prisoner
and occasionally advised witli his
brother's counsel.
Counsel for the defense reserved the
opening statement. From his examination
of the jurors yesterday afternoon
he made plain that he would claim the
prisoner was insane when the alleged |
crimes occurred and is now insane.
Miss McXeown Testifies.
The first witness examined was Miss
Nellie McKeown of Cincinnati, Ohio,
who was making a visit here in March.
1909, for the Taft inauguration. She
told of the representations made to her
by the prisoner and of her giving him
checks amounting to S^.uOO.
She says she had not that amount j
when Davis asked for it. and wired her '
brokers in Cincinnati, who hypothecated
certain stock for her and raised the nec- !
essary sum. Davis had her draw the |
check to the order of W. E. Sisson.
When asked if she knew Mr. Sisson she
replied that Davis had not told her.
Davis Interrupts Testimony.
The prisoner interrupted the witness,
saying:
He lived in Alexandria."
Attorney Davis tried to quiet his client,
but he, continuing, said:
"Well, he did."
The deputy marshal restrained the prisoner.
He resumed his preoccupied appearance.
But little difficulty was experienced yesterday
afterncon in obtaining twelve
jurors satisfactory to the defense and the ,
government. Just prior to adjournment
the following were sworn to decide the
case: William S. Harris, Thomas Rup
pert, E. Richard Gasch, Joiin i\ xvoian, ,
William E. Orton, Benjamia F. King.
George W. Pittman, George F. P.vles,
Joseph Gordon, George F. Pulasjy and '
Norman L. Fowler.
Oovernment Asked to Bear Expense, j
Attorney Henry E. Davis, for the defense,
filed a motion late yesterday afternoon
to have the government bear fhe
expense of summoning two physicians, j
Julius A. Faison of Bennettsville, S. C., j
and William H. Cobb, jr., of Goldsboro, j
N. C., to testify to the insanity of the!,
prisoner in 1892. Mr. Davis declared his I
client is without funds anu that the evi- i
dence is necessary for the defense.
Attorney Davis expects to prove that
the prisoner was adjudged insane in January.
1892. in North Carolina and committed
to the North Carolina Insane Asylum
as a paranoiac. By the witness Faison
it will be shown that during the last
year Davis was in the asylum he was j
given much liberty and ran away seveialj1
timer.
On one occasion the defendant took his
Bible down in a branch, built an altar of
stones, and offered up his Bible by burn- ,
ing to the Deity, and that subsequently '
he offered u"p his law books in the same
way; that during the defendant's stay at j
the asylum Dr. Faison was first assistant ;
physician, and had charge of the institu- <
tion in the absence of its superintendent:
that the recurrence of the defendant's i
malady does not surprise the physician
in the light of his knowledge of the defendant's
case; that he saw the defendant
while at the asylum almost daily; that
the impression formed by him and which
he now has is that the defendant belongs
to the class of paranoiacs, and that while
in the asylum the defendant was and
now is insane.
Mr. Davis in his application told the
court that similar testimony would be
given by the desired witness, Cobb.
FEARS FOR ARTIST LAFAROE.
Physician Regards Recovery of Aged
Patient as Doubtful.
Special Dispatch to The Star.
NEW YORK. May 10.?The condition
of John Lafarge, the artist, who was
taken to the Hahnemann Hospital, May '
5, exhausted by work and suffering
from a general breakdown, has not
improved today, and it is feared that
his age is counting heavily against him.
Dr. A. H. Bingham, who has had charge i
of the patient, said this morning that !
Lafarge had passed a comfortable night,
but that he doubted if the artist would
ever recover, as his heart dotfi not respond
to stimulants.
HAD KILL IS
PASSEDJN HOUSE
3oes Through Without Further
Amendment by the Vote
of 200 to 126.
\LL REPUBLICANS VOTE
IN FAVOR OF MEASURE
lalf a Dozen Democrats Also Recorded
in the Affirmative.
CHAIRMAN MANN VOTED DOWN
Jew England Members Responsible
for Defeat of Merger Amendment
t)ffered by Him?In
surg'em.s w nn tne
Regulars.
By a vote of 200 to 126 the railroad rate
>111 passed the House at 1:33 this aftertoon.
All republicans voted in favor of
he 'bill. together with some half dozen
lemoorats, and eleven metnl?ers of the
douse answered present.
?
wered present.
This affirmative vote followed the deeat
of the motion of Mr. Addison of
>eorgia to recommit the bill to the comnittee.
That motion was lost, 157 to 176w
ind the House immediately proceeded to
fote on the passage of the bill.
Mann Amendment Defeated.
The votes of New England republicans
in the House, with the votes of democrats,
served to defeat a "merger" amendment
to the bill which had been offered
by Chairman Mann of the committee on
Interstate and foreign commerce with the
consent of the committee.
The Mann amendment prohibited the
merger of railroad lines with other rail
jr water carriers where such lines were
"substantially competitive." It prohibited
lireetors or officers of such "substantially
competing" lines serving on the boards of
the competing lines.
The amenoment, however, authorised
the acquisition by purchase or lease of
lines that are "not substantially competitive."
provided that the interstate commerce
commission authorized such acquisition
after petition and due hearing.
Cut Off Debate.
Mr. Mann offered this amendment as
sour w t$w House met and took up the
railroad bill today. He demanded the
previous question on the amendment, on
all the amendments reported from the
committee of the whole, and on the bill
to its final passage.
This served to cut off debate and the
House proceeded at once to vote.
On the Mann merger amendment lUa
ayes were 16U, the nays 16b. and tha
amendment was lost. Nearly all the republicans
from the New England stataa
uiiu ovmr \>l iac instil germs* infill Hit* W V9l
voted against the amendment.
New England republicans have objected
to all forms of merger propositions for
fear that it will enable one well known
New England line to consolidate the
steam and electric roads and water Unas.
Motion to Recommit Lost.
Upon the defeat of the Mann amendment
Mr. Adamson of Georgia moved to
recommit the bill to the committee with
instructions to report a bill striking out
the commerce court feature and making
other changes.
This motion was defeated. IT.7 to lltt.
The insurgents voted almost solidly with
the regular republicans against the motion.
i ? ^ ii
CHURCHMEN DENY ROW.
Methodist Delegates Declare They
Are Good Friends.
ASHEVILLE. N. C.. May JO? Dr. VV.
F. McMurray and Dr. A. L. Andrews,
delegates to the general conference of
the Methodist Episcopal Church South,
who were reported last night to have
had a personal encounter at the conference
in connection with the election
of bishops, issued denials of trouble between
them.
Dr. McMurray declared the reports
n-ftro* u n < IU t ro irp tn the nrinnlnulu uia.I
the entire conference. Dr. Andrew*
stated that tne parties interested were
never on more friendly Terms.
t
ISSUE OF SMALL BONOS.
Distribution of National Debt Among
the People Proposed.
The distribution of the national debt
among the people of the Tutted States is
the object of a new provision just incorporated
in the postal savings hank bill,
which, it now appears probable, will soon
be reported from the House post office
committee. As tentatively decided upon the
K : 11 A0 l<o t rvAi< y.on t if t K a mAnAi'
Uill jiiuviucb uiai uv j/ci tvnt ui iiiv imjuc.'
deposited in postal savings banks shall bo
invested in government bonds, valued ai
{21 each, the remaining .V) per cent to remain
in the locality where the money is
deposited. The twenty-four-dollar bonds
will be used by this plan to take up $??.">.JUO.OU)
worth of ."1 per cent bonds on call.
Members of the House post office committee
are confident that while the bill aa
agreed upon by the committee is not in
entire harmony with President Taffs
views, he will give it his approval. As
soon as the President does O. K. the
measure a republican caucus wilt be
called to consider the subject. While opposition
is expected in the caucus, it is
believed it will not be sufficiently seriosa
to endanger the measure.
USES STICKS AND STONES.
Mob Attacks Strikebreakers on New
York Central Tracks.
NEW YORK. May 10.?Armed with
sticks and stones, a mob walked up Park
avenue today and attacked the strikebreakers
who have taken the places of
the striking laborers on the New York
Central tracks. Police reserves were on
hand, but hidden from view, when the
mob arrived.
When the marchers got near the Tremont
station they halted. The railroad
tracks at that point are depressed below
the street level. Leaning over the railing,
the men hurled a shower of stones
at the strikebreakers below.
The police swooped down on them and
scattered them after a tussle. Ton mw
were arrested.
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