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
Five talesmen were challenged pre
cmptorlly, the state leading In the ex?
ercise of this privilege with three
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
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
"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
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
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
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
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
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,
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
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
-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
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
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
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
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
Tho house will act on the matter
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
CHILD LABOR TAKES
E OF THE SENATE
Senator Beverldge Spoke (op Four
HoiifPSut tie Had Only Jost
TILLMAN BLAMES THE NORTHERNERS
Says Mills are Owned by Up North
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
"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
?eighteen years old, 1 would say
"Could you put the young lady
in .lull for uul being eighteen yonyu
old," nuked Mr. Car mock T
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
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
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?
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
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
Fair Tuesday; Wed?
nesday fair in the
south portion, proba?
bly snow In north por?
tion, warmer; variable
? ? - 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
(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
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
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?
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
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
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.
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