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THE DAILY PRESS
is the only newspaper In Newport News that receives the full Asso? ciated Press report. VOL. XII. NO. 22 THE THAW JURY NOW LACKS THREE IMBEDS Two Were Secured Out of Fifty Talesmen Examined, Thus Mak? ing Nine in All. REASONABLE DOUBT EMPHASIZED District Attorney Jerome MakoG It a Leading Feature in His Examina? tion?All the Members of the Thaw Family in Court and They Were Apparently Friendly Enough. tnv Associated Proas.) NEW YORK, Jan. 2S.?The jury which is to try Harry K- Thaw for the killing of Stanford White Is near? ly completed. When court adjourned this evening there were nine men In the jury box, one having been added (hiring the morning session and one just before adjournment. The taking of testimony may begin with Wed? nesday afternoon. Fifty talesmen were examined today and so rapidly were the remaining members of tho special panel disposed of at the morn? ing session that at noon orders were hurried from the court for the sum mouiug of an additional 100 men who are to report before Justice Fitzger? ald tomorrow morning. This will make a total of :100 men thus far summoned* Of the original panel there remnined tonight but. 35, and It was not certain that this number would he sufficient from which to se? lect "the jurymen necessary to make u'jj the trial eiimplemont of twolv^ \ Of the fifty men exumined today, 43 were excused upon doctors' certi? ficates or upon the ground that they had formed opinions which were too strong to be shaken by the testimony or for various other reasons sufficient to Incapacitate a man for service in cases where the penalty may he death. Five talesmen were challenged pre cmptorlly, the state leading In the ex? ercise of this privilege with three challenges. The two men of the fifty who prov? ed acceptiLle to the state and to the defendant's counsel were Charles D. Newton, a retired railroad official who is perhaps 05 years old. and Louis' Haas, the New York representative of a Philadelphia wholesale candy concern, who is not more than thirty years old. In accepting the latter Mr. Jerome dwelt for some time on the question of reasonable doubt, ques? tioning the talesman searchingly as lo hifs Ideas of the difference between a reasonable doubt and a possible doubt. Mr. Hnas seemed inclined to the Idea that a conviction for murder In the first degree should be voted only when such doubt one might feel in regard to some vital issue in his own life, had been removed by the evi? dence. This ' seemed to satisfy the district attorney. Mr. Newton became juror number eight and Mr. Haas number nine. "Unwritten Law" is Prominent. District Attorney Jerome continued today to bnse his examination of the talesmen upon the belief that Thaw's lawyers may offer two. defenses, one of emotional insnnlty at the time of ? the shooting, the other the unwritten law. He asked the accepted talesmen if In tho event two defenses were offer? ed and they were not consistent with each other, which would they accept. Doth of the new jurors declared they would be guided by the court's in? structions when it came to questions of law. The Dnshina May Was There. All of tho defendant's family were in court today. Mrs. Harry Thaw and her companion. Miss McKenzie, were the first to arrive. Then came Mrs. William. Thaw, mother of the prison? er, accompanied by her two daugh? ters, the Countess of Yarmouth and Mrs. George L. Carnegie. Edward and Joslah Thaw and Mr. Carnegie also were present. The family sat closely grouped just bnck of the prisoner. As usual they Heidom spohe to each other. Mrs. William Thaw had a gracious bow NEWP and n smile for the prisoner's wife when they first met und (he latter was quick to return tho greeting. Thaw seemed delighted when he saw ail of his family in court und appear? ed to lie in high spirits throughout the day. Court Got Cold Feet. The morning' session of the court was brought to an abrupt close short | ly ni ter 12 o'clock, owing to a break I in the beating apparatus of the Crim? inal courts building and the tempera j turo in the court, room was uncom? fortably low. A recess of two hours was taken, the engineer promising J plenty of warmth by the end of that time. The engineer kept Iiis promise i as to having the court room in a hub-1 liable condition at two o'clock. Dur? ing the long recess Mrs. Hurry Thaw and .Miss .McKenzie were allowed to visit the prisoner. They remained ! witli Thaw until the jury bad taken I its place. Mrs. William Thaw, the Countess of Yarmouth, and .Mrs. Car? negie, after they had lunched In the clerk's room, resumed their chairs in the court room and chatted together i during the hour preceding ttie open? ing of I He- afternoon session. Josiab Thaw joined the family party during, the recess. Miss McKenzie Makes Denial. Miss McKenzie today declared there wns absolutely no truth In the report , that there had been a difference in the Thaw family, and snid it wns es? pecially untrue thai any dissension j had arisen over her presence in the j court room. Young Mrs. Thaw wore again the dark blue dress which has now be? come familiar to those in ttie court nnd again her features were hidden beneath a closely drawn white veil. Mrs. Thaw carried a large black' satchel in which were stored snnd-j wlchcs and other viands for the mid? day luncheon which she and Miss Mc? Kenzie usually eat in one of tHe court's side rooms. The elder Mrs. Thaw always-dress-' es In the plainest of black gowns and $g^-&,eai%v^^ -mime color.1 ' Tho Countess of Yarmouth wore a long dark gray English traveling coat and a small green turban which wnsj nlmost entirely covered by a black veil. It wns decidedly chilly in the court room and none of the women in the Thaw party removed tJieir heavy wraps for some time. When they did so It was seen that the Countess wore a plain clotli suit of dark green. Mrs.! Carnegie was agnin In dark brown. Smiles for Accused Man. j When the defendant was called in? to court this morning he appeared on the instant and evidently had been ?waiting close to the door, lending I from the prisoners' pen. As he pass | ed the family group he was greeted j with smiles by every member of it. He smiled broadly himself and then gave a quick glance at the reporters worlftng at two long tables. It is said the prisoner was resentful yesterday when he read so much in the Sunday papers about a reported brenk in the relations between his wife and moth? er and sisters, and that today he was interested in the appearance of womi ly unity. Public Will Not Hear Testimony. There has probably never been a murder case in this country which for sustained Interest has equalled this one. Justice Kitzgerald has de? cided stem measures, however, to curb the tendency of the mere sight? seer. He has issued orders that at no time during tho trial shall specta? tors be admitted. Only those having positive business in the court will be admitted. This order lias been made Imperative and tho police and court officials have been told to obey it to the letter. I The interest in which the trlnl Is held is shown by the number of vis? itors at the Now York hotels. Resi? dents of Pittsburg, naturally, are in the majority. Tho rule to bar all persons not hnvlng a direct interest in the proceedings wns strictly adher? ed to today, despite the fact that the disposition of more than one hundred of the talesmen summoned in the spe- j clnl jury panel had left many vacant benches in the rear of the room. Much of the space now unoccupied, however, must be given over to the witnesses who will not berequired to attend until the jury is completed. No Hint What Defense Will Be. The apparent desire of the defense to hasten the trial, at least to com? plete the jury, is thought to be a sight that; some move not as yet hinted at I will be made. ' Counsel for Thaw have never out (Continued on Page Two). ORT NEWS, VA., TU DEMOCRATS ATTACK SHIP SUBSIDY BILL Assert Tnat Hill and llarriman Would Chiefly be Benefited If it Became a Law. THEY WOULD POCKET $1,40,0000 Minority Report Says That Govern? mental Aid of the Sort Proposed Will Never Result in n Great Mer? chant Marine?Want Legislation That Favors Ship Building. (By As soda tod Press.) WASHINGTON, D. C, .lau. 28?J. 1 J. Hill. H. H. Harrlmnii and Iho It". ' publican policy of protection are mfc ; I sailed in the minority adverse report'i on the Littauer compromise ship suh'-> sidy hill which was filed In the House. ; today by Representative Shight on j Mississippi and hears his signature as- : well ns that of three other Democratic j members of the House committee oh merchant and marine, and fisheries.'? ? I Messrs. Goulden, Sherlcy und l'atfor son. After reviewing tho ship sub sidles to South America and Oriental lines the report says: "It Is not pretended that the appro? priation are intended merely to com? pensate for services rendered, but ad j mlttedly the larger part is pure.gra- , tulty. This objection Is fundamental ; I and no amount of sophistry ?r volume' j of speeches and argument can secure. I Were it limited simply to payments ? for new mall routes It might be accep tJJib.le^for Uuit. purpose .though not ajg , I u real nld to merchant mnrlne." The report, discusses the two pro . posed lines which are to be suhsidiz | ed between tho Pacific coast and the . Orient, saying, "but when It Is re? called thnt at Seattle, north of Cape I Mendoclno. is the existing steamship 1 line owned by .T. .T. Hill and south of I it nt San Francisco is the Harrlman line, the Pacific Mall, we suspect there Is a 'nigger in the wood pile.' Who are ,T. J. Hill and 10. H. llarri? man? The former is the great rail? way magnate of Northern Securities notoriety, who tried to merge vast In? terests In violation or the law and was prevented by the court. Hnrrl man Is another lender of corporate wealth, who controls more railway trackage than hny other man in the world. Is It hard to guess who. under this bill would pocket $1,400,000 of the people's money?" The report declares that govern? mental nld of this sort can never re? sult in a great merchant mnrlne and urges the repeal of legislation which hinders shipbuilding in this country. Big Fire in New York. NEW YORK. .Ian. 28.?A loss roughly estimated at three quarters of a million dollars resulted from a fire which started just before vnld niphl and burned out the garage of the New York Transportation Corn pan/ nt Fight avenue and West -101 li street. Three Kllkd by Ammonia. CHICAGO. ILLS.. Jan. 28.?Three men were killed and sixteen others j seriously Injured today as the result of the explosion of an ammonia ma? chine in the power house of Armour and Compnny, nt Forty-fourth street and Packers avenue. TEXAS TO INVESTIGATE THE NEWSPAPER MEN Legislature Doesn't Like the State? ment That Bailey Was Re-elect? ed by Corrupt Methods. fRv Associated Press.'? AUSTIN, TEXAS, Jan. 28.?The nc j Hons of- the newspaper men in atten? dance upon the Texas legislature arc to he Investigated. This is due to telegrams alleged to have been sent from here to certain papers, charging that Sennlor Bnilcy corrupted the morals and secured the voting strength of the legislature in his con? test, for re-election ns United States Senator "by the use of wine, women and money." The members appar ently resent this statement and the Senate today appointed a committee to investigate (he conduct of the newspaper men to see which one, if any one, here " has Kent out such a storv. Tho house will act on the matter later. Sailors' Help Guild. The Sailors' Help Guild will meet at. the Sailors' Rest nt ?. o'clock this afternoon. All members are urged to attend as business of importance will be transacted. JgSDAY. JANUARY CHILD LABOR TAKES E OF THE SENATE Senator Beverldge Spoke (op Four HoiifPSut tie Had Only Jost Got Started. TILLMAN BLAMES THE NORTHERNERS Says Mills are Owned by Up North 9 '? People and That They Lobby k. Against Proposed Child Labor ? Law?Senator Carmack Propounds ?? Witty Question to Indiana Man. (By Associated PrctiH.) Washington, d. c.\ Jan. -is ? mntor Mcverldg," occupied the at Mnt.loa of the Senate throughout the ?fas with a continuation of IlIk nrgu an a; in behalf of Iii., child Inbor ?bill. Ho had but reported the legal 'jujid constitutional pha.se of the ttieHilou after sp.nking for nioro Jlian tour bourn and arrangement gytta made, w her by he will continue ?tomorrow. In taking the position tbu; a., to the power Congress could fjxertisn any restraint it. saw lit on Jtatei.ituie Gommern'.', Mr. Uovorldgo ^(?i a fu&llaitlo of questions, "llo Wild the power to regulate wits ab? solute. He maintained that question nf policy would always restrain any hurtful regulations. Mr. Bovorldge & tu t ed that three fuurlhs of 1*0 ?trottou factories of Iho South were Opposing the bill, 41ml thai the OOfll .mine' operators of Iho South .were ifiso opposing it. lie. pn sen ted an rWu(;eat.!ve map .-.Lowing the lpca> .'ijon'oi' the oppa.'dng ititluoti ie* and said tan: lu anticipation ' <.t 1Mb weighty opposition be should devoto the major portion of his speech to Setting Harth evidence of the deplor? able conditions b' had picture:. This pvldencp lie said, was all sworn 'to und in i-ie form of aflldavlts. ? Dcve.-lrige Bertn Bacon. When Mr. ?lvorldge mule Ihb statement that the recently enacted child labor law of Georgia was "a dead ilettor/' Mr. Bacon look issue with hi ill. Mr. Boveridgo ni^ortod then? had been filed 3,000 applications for per? mits for child labor under the law. "How many of llioni have been granted." asked Mr. Bacon? "All of them," replied .Mi-. Bevorldgo. Mr. Bacon theft explained that ..the law prevented children under 12 years Ohl fi"om working after Jan? uary l. mos. "Yes," responded Mr. Beverldge, "but there is n:it an inspector in the state and no means of enforcing that provision. What good U a measure of that kind?" Tillman Takes a Hand. Senator Truman acknowledged the very great evil of child labor Tn his state and asked Mr. Beverldge to submit all the evidence possible that k might bo used in a crusade for sUito legislation. Adding to the dif? ficulty in bis- stab?, he said, was the northern .mill promoters wflib came down there, invested money in cotton mills and then Influenced the leg Isloiturc against child labor laws. "The Senator is to a certain ex? tent right," Interrupted Senator Oul llnger, "there is nofhern money in South Carolina and God help South Carolina, if there was not northern money there. "KAther than have northern money the.o exercising Its* lobbying Influ? ences," retorted Mr. Tillman, "I would to Ood the. Senator and ail others would keep northern money out 6T my State." Mr. Tillman added he fully ap? preciated the conditions In his State and would go as far ns anyone to correct them. He believed the question was one for Sato control, rather than f?deral leglulation. Senator Bcvcrldg,c? po? sition that the power of Congress to enact legislation is empie but whon asked by Mr. Raynor If this l>ower could be exercised to absolute? ly prohibit comnv. rce between the slates he replied that the question was an Impossible one. "If you would ask me if Congress could prevent entrance into Inter? state Commerce of a pail of milk milked from a cow by a young lady 19, 1907. ?eighteen years old, 1 would say yes." "Could you put the young lady in .lull for uul being eighteen yonyu old," nuked Mr. Car mock T Congregation Surprised. The congregation of* East End Christian church waa deilglf. fully surprised last Sunday morning to I lind tlio auditorium handsomely car? peted throughout, with other im? provements about tho pulpit. Ah no public collection had boon taken for tho pvtrpoaoj and tho liuprovemont*; had been made by n very few in? dividuals, the minpriKv was com? plete. The auditorium is now oho of the most Inviting, and comfortable In the city. OLIVER SAYS HE WILL HAVE GOOD SECURITY Knoxvllle, Tenn., Man Confident That He Will Land the Big Panama Canal Contract, fRv Associated Press). WASHINGTON, I). C Jan. 28.-~ Willlnm .1. Oliver, of Knoxvllle. Tenn., who was the IowchI bidder for the contract for the completion of the Panama Canal today notified Secre? tary Tuft that he would file his con? tract within the ten days allowed him. He assured the secretary that he was about to associate with him one or more responsible contractors, In speaking of the matter today Secretary Taft said that the contract would surely he given Mr. Oliver If thu i ,inies he Intends iisBoelutlng with him, prove their responsibility. THREE COMPANIES OF ENGINEERS ARE COMING Three Hundred and Twelve Men and Officers to Cuba on KM patrick. It was offtcluny anndunccd yester? day that three companies of United States army engineers, eonalBtliig, of. ?iU orricers and men, wlll-arrivo i-.i-.r on February 15 and null for Cuba on the following day aboard the trans? port KI) putride, The engineers tiro now stationed nt Fort I.cuvLuworth, Kansas. They will j start for Newport News next Sal ur-? ttrdny, February 2. The transport j Sunnier sails for Cuba Friday and tlio j Kilpatrick Is scheduled to sail on h?r] regular trip next Wednesday. I Fined for Resisting Officer. I F. Dimkes, a white man, was lined tin and costs by Justice Mrown in tlio police court yesterday for assaulting Offlcor Oliver. Officer Oliver went Into Dimkes Iioiiho Saturday night to step a disturbance and Dankes, who was drunk, put up a atrouuous fight. No Reply From Company. NEW YORK, Jan. 28.?Mr. El? liott, General Connt'ol for the Stand? ard Oil Company was nsfked If ho d< : !:\ d to make any reply Jo the rop:nt of the Interstate Commerce Commissioner. He. snlj the whole tn:fter was 'in the courts where li would he (tied upon Its merits anil that pending mich hearing ha did not care to discuss the matter. Plasterers go Back to Work. The striking plasterers on the Jamestown exposition grounds have returned to work after- being Idle for two weeks. Tin- plasterers, about 100 la number, demanded an Increase In wages from $!>.&(! to $6 per day and the payment of their wages on the scaffold on Saturday afternoon. The contractors agreed to deliver tup money on the scaf? folds, but declined to grunt tho In? crease. Case Continued. The case of Will'am Stone, the negro who was arrested Snturday on ?the charge of feloniously cutting his ten-ji ar-n!d daughter, was con tinned until Thursday In the police court yesterday morning. Tho in? jured giil was unable to appear in court. Paid for Using Knife. J. Finn wai fined $2."> and costs in tho pidlce court yostorday for culling Charley Dnnlolson In the arm. 'Pile fight occurred Sunday In a house on Twenty-third street. Flan clnlmi :\ that he used his knife In self defense. Death of Mrs. Villiers. Mrs* James Vllllcrr. aged 20 years, died at her home at Wey mouth, Vn? at 8 o'clock yesterday morning. She was sister of Mr. James Montgomery and Miss Isabel! Montgomery, of this city who will attend tho funeral ai Weymoubh. THE WEATHER. Fair Tuesday; Wed? nesday fair in the south portion, proba? bly snow In north por? tion, warmer; variable winds. ? ? - V PRICE TWO CENTS DEADLY FIRE DAMP CLAIMS 300 VICTIMS Awful Explosion In a Rhenish Prus? sia Mine Attend by a Fear? fully Long Death List. IS OWNED By THE GOVERNMENT Rescuing Party Could Not Qct to All of the Entombed Men Because of a Fire Which Followed the Explosion, But 164 Dead Havo Been Taken Out. (Rv Associated Press). RlQARanUCK. IUIJ3NISH mtus-' RIA. .Inn. 28.?A fire damp explosion occurred this meriting In (he Hildalpck shaft of (lie Kedeu mine al Saint Joluinn-on-Snar. opposite this town, Up to 2 o'clock this afternoon the 'bodies of 101 nilners had been taken out of the mine; seventeen men dan? gerously Injun d hud been rescued mill half n hundred nilners were miss? ing. Thoro were about (!<U> men work? ing In (lie shall when the explosion occurred, bill hull of I hem were not. In the galleries when the explosion occurred. I.nicr tin outl-ronk or fire In the mine drove out the rescue workers. It Is considered probable Hint thirty to forty men are still in the jilt. The number of dead In estimated at two hundred. The disaster occurred 2210 feet under ground and Is one and one quarter miles from the floor of the ahn ft. it is the greatest 'mining ua-~ tastrophp ever known In the Sanr region. About six hundred men enter? en ii,e mine for the duv shift, nut n?o'ut jmir/llun'ttfjod of ittem escaped1 through the Bildstock shaft which communicates with the Roden under? ground. At a late hour tonight It was still uncertain how many workmen still were In the mine, the reports lie lug conflicting. The entrance to the galleries underground Is filled wiui dead horses. Henri rendering scenes are witness? ed among the thousands of person.-f, many of them members of the fami? lies of t|ie entombed miners who are gathered about, the mouth of the shaft. Most of the bodies brought to the surface nre mangled beyond re? cognition. The mine Inspectors this evening ordered the rescuers to return to their homes, hut to hold themselves In readiness for further orders. Em poror William has ordered that a full I report of the disaster be sent. him. Kxperts calculate thnt the rescue work will take one week-. Death List Will Reach 300. After all the rescuers had reported at daylight today, (Tuesdnj) accord? ing lo one story, a second terrific detonation was heard under ground, and according to tills report ninny of the rescuers were still down when the second explosion occurred, and it is estimated that the casualty list from the two explosions reaches' a total of 200 men. It Is believed thnt all the men who wert? In the lower levels assuredly are dead. _ _ VIRGINIAN'S TRIAL FOR MURDER BEGINS Or. James W. Simpson in Suffolk County, N. Y., Court for Kill? ing His Father-in-Lav?. fBy Associated Press.) NEW YORK, Jan. 28.?The trfoil of Dr. James W. Simpson, of Virginia, the Fifth avenue dentist, charged with the murder of bis father-in-law, Hart? ley T. Horner, In Northport, L?. I.. Dec. 27. 11*05. wns begun in the SurtolR county courthouse today. He is be? ing defended by Martin T. Hnnton, of Brooklyn. Dr. Simpson Is alleged to have kill? ed bis father-in-law because the lat? ter had said he would change his will, depriving the dentist, of any of hin estate. Dr. Simpson overheard the conversation between Mr. and Mrs. Horner relative to changing the will. Mr. Horner was wealthy and disap? proved of the manner in which Dr. Simpson had acted. The dentist was requested to leave the Horner home, but returned while under the influ? ence of liquor and killed Mr. Horner. Dr. Slnippon is well known in the Vnlley of Virginia, having frequently visit"<1 New Market. Woodstock, Bor ryyllle and Winchester.