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where; John Stimacz was grazed in the stomach by a bullet while he was
sitting at the table eating. Affiant further states that no shots were fired by anyone of the party in the house; that no shot was fired from upstairs and that none of the persons struck by bullets were in a position in the diningroom to have been hit by a bullet fired from any person either on the stairs or upstairs. All the persons above mentioned, except the hired girl, were in the diningroom when the shooting began. Before the shooting occurred, neither the trammer boss nor any of the deputies asked Kalan or any of the others in the house to come out and surrender himself; that no shot was heard until the shooting into the house began; that she could have heard it if there had been firing before, as it would have been loud enough to have been heard in the diningroom; Louis Tijan was shot while in the diningroom and at a distance of about six feet from the doorway leading into the stairway ascending to the second floor. During the time of the shooting no person was upstairs in the houses no person in the house to my certain knowledge was armed with a revolver or other deadly weapon, nor did they have in their hands clubs or other weapons which could be thrown by them at the attacking officers. After1 the shooting, the officers made a complete search of the house, including the trunks of the men and all other places, and were unable to find a gun. Kalan, his son and Joseph Paskavan were the three who were outside before the shooting. The others all were in the house prior to the shooting. Those three, when the officers attacked them, ran into the house, and when they got into the diningroom, having come through the kitchen door and through the kitchen, the shooting began from each of the three windows in, the house and from the doorway of the kitchen. So far as I know, the only reason for the arresting of Kalan was that he had continued walking along a path after being told not to do so by one of the' officers. Neither myself nor any of the boarders in the house have ever heard of any other charge made against him, nor of any offense that he fs claimed to have committed. And further deponent sayeth not. Antonio Putrich. Subscribed and sworn to before me, this fifteenth day of August, A. D. 1913. Palmino Tommei, Notary Public, Houghton Co., Mich. My commission expires Nov. 17th, 1915. o o CONVICTED UNDER AMENDED FOOD AND DRUGS ACT Washington, Aug. 26. The gov ernment has secured its first convic tion under the amended pure food and drugs act. A patent medicine ' known as "Stramoline" was seized in Denver and confiscated and destroy ed as provided by the law because it was advertised as a specific for con sumption. The amended act makes it an offense to transport in interstate commerce drugs which are branded in a false and fraudulent manner. CONDUCTOR AND MOTORMAN RELEASED ON BONDS Over the protest of attorneys for the relatives of the men they are accused of shooting, Judge Dolan to day released Frank Tyschfer, street railway conductor, and Thomas J. Nolan, motorman, on bonds of $25, 000 and $20,000 respectively. They are charged with the murder of Charles Mueller and Peter Verenana, who were killed in a fight on a car Saturday night. Attorneys for the railway company asked that the bond be fixed at $2,000 in each case.