Arizona republican. [volume], September 09, 1911, Image 1

About Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930

Image provided by: Arizona State Library, Archives and Public Records; Phoenix, AZ

                
FOR SALE THE BEST BUY IN THE
CITY. 5-room brick, modern; lot
50x137 1-2, east front, close In; price
52,500; $700 cash, balanca $25.00 per
month.
E. E. PASCOE, 110 North Center St.
THE AKIZONA REPUBLICAN
J
TWENTY-SECOND YEAR
16 PAGES
PHOENIX, ARIZONA,. SATURDAY MORNING-, SEPTEMBER 9, 1911.
16 PAGES
VOL. XXII. NO. 114.
FOR SALE One of tl.e best buys
In the City. New Modern Brick Resi
dence, close In, 8 rooms, woodshed,
chickenyard, roses, etc.. Price $5500.
E. E. Pascoe. 110 North Center St
RULE OF LI
S APPLIED
Governor Sloan, in a Strong
Statement, Removes All
Doubt as to the Legality
of an Election Next
Year.
MOOTED QUESTIONS
ARE ALL SETTLED
Executive Takes Advanced
Grounds and Says Unless
Laws are Repealed Hold
ing of an Election is Man
datory. When asked by a Republican re
porter for a statement as to the legal
ity of an flection in Arizona in No
vember of next year, should provision
for such election be made by the leg
islature. Governor Richard E. S!on
Save out the following:
1 liave considered the effect of sec
tion 11 of article 7 of the constitution
in its earinK upon the question as to
whether a general election may be
held in November. 1912. in the event
that the president's proelamtaion ad
mitting the slate shall be deferred un
til after January 1. 1912. and have
reached the definite conclusion that
this section does not prohibit the
lHWiug of such election and further
unless existing laws be reeuled after
admission, such election must be held.
The sceiton reads: "There shall be a
general election of representatives in
congress and of state, county and pre
cinct officers on the first Tuesday
after the first Monday in NovemlMU
of the .first even numbered year after
the year in which Arizona is admitted
to statehood and biennially there
after." If this section stow! alone unaf
fected by any other provision of the
constitution it must be conceded tliat
If the state be admitted in 1912 no
general election for that year is spe
cifically provided for therein. The
language used under the rul of ex
preio unius. est exclusio alterius
a maxim, however, not strictly applied
in the construction of constitutions
might be construed as prohibiting an
ejection during the year in which the
state it admitted. However, to get at
the meaningof any constitutional pro
vision or the meaning of any statute,
the constitution as a whole, or the
statute as a whole, as the case
may be. must be considered. A
reading of the constitution makes it
clear that the constitution makers had
in mind that there might be a gen
oral election in 1912. The terms of of
fice of alt the state officers elected
at the first state election are made
to terminate on the first day of Jaan
uary. 1913. with the exception of the
corporation commissioners. The terms
of office of the members of the leg
islature to be elected at said elec
tion under the constitution terminate
on the first Monday in January. 1913.
The terms of office of the county of
ficers with the exception of boards of
supervisors are likewise made to ter
minate on the first Monday in Jan
uary, 191X. It must be assumed that
the framers of the constitution had hi
mind the fact that a representative in
congress mUBt be elected at the same
election and also thVee presidential
electors.
In view of these provisions of the
constitution and the requirement that
a member of congress and presiden
tial electors are to be elected it would
be a narrow and harsh construction
of said section to hold that a general
election is therein forbidden in 1912.
assuming the state to be admitted by
the proclamation of the president dur
ing that year ard in time for the
holding of a general election in No
vember and after the state election
provided for in the Enabling Act.
There is. it seems to me. another
section of the constitution which Is
decisive upon this point. Section 2
of. article 22 reads as follows: "Al!
laws of the territory of Arizona now
in force, not repugnant to this con
stitution, shall remain in force as
laws of the state of Arizona until they
expire by their own limitations or are
altered or repealed by law; Provided,
tliat wherever the word territory,
meaning the territory of Arizona, ap
pears in snld lnv, the word state shall
be substituted."
Paragraph 2272 of the Revised Stat
utes provides that "on the first Tues
day after the first Monday in Novem
ber. A. D. 1902. and every two years
thereafter a general election shall be
held for the election of a delegate to
congress, members of the legislative
assembly, and county and precinct of
ficers, except justices of the jeace in
cities." Under the terms of said sec
tion 2 of article 22 of the constitution
tills provision of the Revised Statutes
remains in full force and. effect, and
uness the legislature shall otherwise
affirmatively provide, a general elec
tion must be held under its provisions
on the first Tuesday after the first
Monday in November. 1912.
It seems to me, also, clear that if
a general election is provided for to
be held In 1912, such election must
apply to all officers, both state, and
county, except those in which the
terms of office do not end on Jan
uary J. 113-
(Continued on Page 9)
MAYBE GEORGE PURDY BOLLARD WILL 8E THE
DEMOCRATIC CANDIDATE FOB SUPERIOR JUDGE
Pressure Has Been Brought to Bear by Party Leaders
to Induce Him to Surrender His Ambition For a
State Office and Accept the Nomination for
Judge of the Maricopa County Su
perior Court.
There's justa weenty little bit of a
muddle among the Maricopa democrats
and some of the slate makers are run
ning around in circles while others are
staring blankly into space and wonder
ing what it's all about.
Principally, it's about office of su
perior judge of Maricopa county. This
; a $4,000 job and the regular term
lasts four years, so it is really worth
going after and some of the democratic
brethren among the legal fraternity
are dead willing to go after it, too; hut
the trouble is they don't seem to sat
isfy the slate makers.
Some time azn if was all "fixed thnt
Alfred Franklin. nt this city, should
have the nomination. That is. it was
all fixed so far as the "leaders" were
concerned. But. it seems these "lead
ers" have overlooked a rather neces
sary point--they had failed to consult
M-. Franklin.
This was a rather bad oversight, for
it now develops that Mr. Franklin
doesn't care to make the race. He has
his optics on the supreme bench, it is
said, so no county judgship for him.
Some other gentlemen have been
'mentioned" in fact the mentioning
has been quite good ever since it was
announced that Mr. Franklin would not
be a candidate Among the names sug
gested i that of J" II Langston.
Like Barkis, Mr. Langston is willin".
NEW MEXICAN LID
GROWING SCARCE
People Who Want a Farm in That
Territory Must Not Waste
Any Time.
SANTA FE, Sept. S "There arc
33,78S,C47 acres of public land subject
to filing in New Mexico against 58,000,-'
000 ten years ago; but after the new
state has elected it's lands there will
not be more than 25.000.000 acres left
and all the best lands have been select
ed." said Secretary V. "D. Menning. of
the New Mexico bureau of immigra
tion today. "Those who wish to file
on a afarm in Uncle Sam's domain
will have to do so soon."
The past fiscal year there were 0(1
C67 filings for 1.718,000 acres; and 12,
999 filings for 2,320,000 acres 1900. This
year there are expected to be 20,000.
o
WORKMEN BURIED
IN HOTEL RUINS
NICE, Sept. S. The restaurant con
nected with the El Dorado, the larg
est theatre in Nice, collapsed today,
burying a number of workmen in the
debris. Iate today, eleven dead and
sixteen badly injured had been re
moved. Others are still in the
wreckage. It is said that contractors
were rushing the job in order not
to be held liable to a fine for over
time. o
UNITED . TYPOTHETAE
CHOOSES OFFICERS
DENVER, Sept 8. Late tonight
delegates to the convention of the
United Typothetae of America, engag
ed in discussing as to details of a mer
ger with other master printers' organi
zations. It was stated the merger
would undoubtedly be made. The Ty
pothetae this afternoon elected the fol
lowing officers: President. J. S. Crush
ing, Norwood, Mass.; First vice presi
dent, A. M. Glossbrenner, Indianapolis;
Second vice president, George M.
Courts, Galveston, Tex.; Third vice
president, J. A. Borden, Spokane;
treasurer, A. E. Southworth, Chicago.
o
SHORT ON CARS
Chicago. Sept. 8. There is a con
tinued decrease in the surplus of cars
of all classes, according, to a state
ment of the American Railway asso
ciation. The total decrease since the
last report was 19,134, bringing the
surplus down to SS.SCC. The chief de
crease is in the surplus in box cars
where the decrease is 9,084 cars.
o
OF COURSE, OF COURSE.
NEW YORK. Sept. 8. Col. William
J. Bryan dropped in today at Colonel
Theodore Roosevelt's editorial office.
He spent some time with the former
president. After this visit Col. Roose
velt said:
"Mr. Bryan and I had quite a nice
visit. We had a general talk about
interesting subjects. That's all."
SHIPPING MORE FLOUR
PORTLAND, Sept. S. Additional or
ders for flour for north China were
so numerous the past week, it is
now said 4S5.000 barrels are on or
der books for shipment from here
before January first. All the avail
able space on steamships for four
months is gone and additional char
ters will be necessary.
iBut it is quite certain that his willing
ness will not square with the plans of
the organization.
These plans contemplate a substitu
tion. It is proposed to substitute tin;
name of George Purdy Bullard for
that of Mr. Franklin. That will give
some aspiring legal giant a chance to
run for attorney general, if George
Purdy consents to the program; for it
is pretty generally believed that Mr.
Bullard would have pulled down the
nomination for the state office, and he
may yet. As intimated, he hasn't yet
consented to permit his name to be
used for the judicial nomination.
Langstone's a nice man. the leaders
say a very nice man, but they don't
think this is his year to run. They
think the candidate for judicial hon
ors should be a man older in experi
ence and possessed of a wider acquain
tance. They think George Purdy Bul
lard just about fills the bill.
They are bringing some pressure to
hear on Bullard. too, but so far he
hasn't given his consent The attorney-generalship
looks pretty good to
him for that would let him continue
his regular law practice and would
give him more time for pulling off
automobile races and other Uttle
pleasantries of a similar sort.
It's quite an interesting situation and
one wortli watching.
CONTROLLER BAY
15 NOT THE BEST
If Any Fool Thinks It is Then I
Don't Know It, Says Fither.
SEATTLE, Wash., Sept. S. At a
banquet tonight Secretary Fisher of
the Interior department, forecasted
some legislation he will recommend for
the amelioration of conditions in Alas
ka. "The government owes it to Alask
ka," he said, "to light tile rocks,
shoals and channels, build roads and
trails, especially in the interior, and
make a larger appropriation for sur
veys in the interest of the home
steader and mineral claimant. If an
fool thinks Controller Bay Is more
valuable than another I do not kn jw
it. I am not violating any confidence-
when I say Controller Bay is not the
only possible harbor for the coal
lields In Alaska and is far from be
ing the best harbor. I am seriousl
disappointed at what I saw in the
Bering coal fields. Reports of their
extent and character are grossly ex
aggerated. There is a serious question
as to a market for this coal. Con
cerning coal claimants I shall strive
for absolute justice and administra
tion of the law as it is. My polici
will be to open the coal fields as soon
as it can be done. The first solutloi.
would be unrestricted private owner
ship. I shall waste no time on this
remedy. The hands of the clock will
not turn back. The day of such own
ership Is past. Second, I favor leasing
the lands, because that gives promises
of greater returns for all concerned."
o
ADMITS SHE SUED
FOR LARGE ESTATE
SEATTLE, Sept. $. Katherlne Dal
ton. secretary of the Seattle Woman's
club, official stenographer in a large
oficc building and widely known here,
admitted today, she is the Catherine
Alice Dalton who is suing in St. Paul
for possession of the "oOO.OOO estate of
James ICasson, a lumberman who died
in July. Miss Dalton hitherto denied
she was the plaintiff. In her suit she
alleges that for ten years and until
she came to Seattle a few years ago,
she was the common law wife of ICas
son. o
PRINCETON WON
PHILADELPHIA. Sept. S. Prince
ton won the doubles in the tennis
championship of the inter-collegiate
tournament, defeating Harvard today.
The singles rests, between Harvard
and Yale to be decided tomorrow.
o
NEVER TOO LATE
FOR DAN CUPID
SANTA ANA. Cal., Sept. 8. Myron
Bullock, aged 21 of Los Angeles, and
Eva Liebnow, aged 18, of Phoenix,
were married just after midnight this
morning. County Clerk Williams, and
Justice Cox were routed out by the
telephone, Williams to issue the li
cense and the latter to perform the
coromony. Bullock is said to own a
howling alley in Spring street. The
couple came here from Los Angeles.
BALL CLUB SUED.
LINCOLN, Neb., Sept. S. Lincoln
club of the western league was sued
today for ten thousand dollars by
Ralph A. Man'son, who was Injured by
an employe with a club during a riol
following a decision by Umpire Me
Kee. Ausust 12.
MEN PREPARE
FOR STRIKE
War Clouds Are Gathering
and it is Difficult to See
How Great Industrial
Conflict Can Now Be
Averted.
LEADERS ON BOTH
SIDES STAND PAT
It Is Conceded That the
Vice President of the
Harriman System, Hav
ing Taken His Stand Will
Remain Firm.
SAN FRANCISCO. Sept. S. Offi
cials of five shop craft unions com
prised in the federated shopmen on
the Harriman lines will probably de
termine definitely at the meeting to
morrow what to do about the refusal
of Julius Kruttschnitt. vice president
of the system, to recognize the feder
ation.
No one can be found here who be
lieves Kruttschnitt will recede one
particle from the stand he has taken.
It is also 'regarded tonight as almost
certain that the men will not recede
from their vote to authorize a strike,
nor are they willing to temporize,
either by preferring minor demands,
or by letting the question of recogni
tion go over for three months, or any
other length of time.
If there Is any way to avert a
collision, the general officers of the
federation tonight say that they are
not aware of it. Pressure for a
strike, it is said, is insistent east of
the mountains, but more insistent
along the coast.
CHICAGO, Sept. S. Aside from the
announcement that the shopmen of
the Illinois Central have been noti
fied to hold themselves ready to
strike, there were no developments in
the railroad labor situation today.
Union officials maintained the issu
ance of the order to shopmen does
not necessarily portend a strike. Of
ficials said as to a walk-out possi
bility it was thought best to have
the men in a state of preparedness.
Now that the order has gone out it
is said the shops can be cleared In
a few moments. No further action
l the union heads is likely until
Sund.ij
cropsIt a
p00rrating
Government Report Indi
cates Light Yield
ALL CEREALS ARE POOR
Information Sent out From
Washington Yesterday
Contains Anything But
Good News For Country
At Large.
WASHINGTON. D. C Sept. S Tha
crop report issuyd today by the de
triment of agjlculture does not in
dicate much improvement in the con
dition of crops over the country,
though the weather of August was
generally favorable. Some improve
ment was shown in corn for the
month, though it is less than one per
cent in the aggregate. Wheat shows
a falling off of 10 per cent in con
ditions as compared with the ten-year
average, and a yield per acre of two
bushels less than the five-year aver
age. Oats also fell off in condition
with an average yield, as do tobacco,
flax and hay. Potatoes will be a short
crop. -'0 per cent below last year and
per cent below the five-year aver
age. The total production of the
principal crops as indicated by the
condition on September 1 and com
pared with last year, follows:
Crop. 1911. 1910.
Corn 2,73(5,1 G0.400 ,125,713,000
Spring Wheat 2ns.418.f.00 231,399.000
All Wheat.... f.SG.762,500 C93.I33.000
Oats S-I2.47n.000 1.126.756,000
Barley 142,871.000 102.227,000
Buckwheat .. 15.699.000 17.239.000
Potatoes 259,324,000 338.S1 1,000
Tobacco (lbs.) G3S.2S0.720 9S4.3 19,000
Flax 23.200.00 24,510,000
Rye 22,652,000 24..-.10.0IM1
Hay (lbs.).... 46,SSS,D30 C0.7S9.000
YUMA BOY TRIES
THE BANDIT GAME
BUT IS FAILURE
LAUREL, Md., Sept. S. A masked
man entered the Citizen's National
Bank at noon today, and demanded the
money lying on the teller's desk. Cash
ier Walters, however, began firing and
the robber fled. He was captured la
ter and gave his name as Henry Jack
san, aged 17, and said he came from
Yuma, Arizona.
Jackson said lie thought it would be
an easy way to get a "stake" but when
he saw the gun he weakened and fled.
He said he beat his way East.
Tonight Jackson said his name re
ally is John R. Morgan, and his home
in Mojave, Calif. He declares that
when he entered the bank he de
termined t-i kill every man in it if
necessary, but lost his nerve at
sight of the big gun in the hands
of the cashier. He was captured
after a chase of two hours.
o
FREIGHT RATE CASE
IS ON AT CHICAGO
Northern Pacific Man Says Conditions
in the Wool Districts Will War
rant a Tariff Increase.
CHICAGO, Sept. S. Attempts were
made to show that freight rates on
wool from jioints west of the Miss
issippi to Eastern markets have been
materially increased since 1S96 were
made today before Interstate Com
merce Commissioner Prouty, who is
investigating complaints of shippers
that rates are unreasonable. Attor
ney Victor Johnson, for the National
Wool Growers' Association, said that
rates have been Increased since 1S9C.
W) R. Allier, assistant general freight
agent of the Northern Pacific, denied
that his company liad increased wool
rates since lS96,t but said the present
tariff is too low?. He said that con
ditions in the wool growing, districts
warrant an increase.
F. W. Houghton, freight and traffic
manager for the Santa Ke, testified
that the wool tariff is highly desirable
from that carrier's iolnt of view. He
said his road handled 20.278 tons
for the year ended June 30 last, which
was an increase of several thousand
tons over the year previous. After
former Governor Gooding of IdHho,
president of the National Wool Grow
ers association has testified tomor
row, the hearing will adjourn to Al
buquerque. Denver, Salt Lake, Phoe
nix and Portland.
HETTY GETS THERE
IN GREAT SHAPE
LIMA, Ohio, Sept 5? "For council
K'-urth ward Hetty Ore.i."
That's the way it r.ppvars on the
dimoiratic lwllots for the municipal
election November S. Democrats put
up n candidate at the primaries and
a tl"Z-n or more names were written
jm i the voters. The official can
ass disclosed that Hetty Green,
presumably New York's famous wo
man financier-millionairess, had two
otts, while no other candidates had
more than one.
THEY'RE FOOLISH
AVERS STRAIGHT
PROVIDENCE. R. I.. Sept. S Edwin
S. Straight, a- retired Baptist minister,
hut for ears follower of the carpen
ter's trade, admitted he was approach
ed by Richard E. Comstock. a lawyer,
who sounded several preachers as to
their willingness to marry Col. Astor.
Straight said he was willing to per
form the ceremony for "anybody with
a license" and said those who refused
an offer of a thousand dollars to per
form the ceremony for Astor were fool
ish. o
OHIO WINS AGAIN.
SEAGIRT. Ohio. Sept. S. Ohio won
the Drvden trophy notch the feature
event of the twenty-first annual Sea
girt shooting tournament with a score
of 1006 out of a possible 1200. New
York was second with 1095 and Dis
trict of Columbia third. 108C.
o
FIERCE STORM RAGES
NOME. Sept. S. A fierce storm,
rapidly increasing in Intensity, with
the surf running under the vater
front buildings, and within ;a few
steps of the front street, is raging
here. River St. Is flooded. Several
barges of the John Sesnon Co. have
been driven ashore. As yet the dam
age is not heavy-
Corn, condition 70.3. acre yield 23.6:
spring wheat, condition. 36.7. acre
yield 12.6; oats.condltion 64.5. acre
yield 23.9; barley 63.5 and 20.3; buck
wheat S3.3 and 19.6; potatoes 59.S and
74.2; tobacco, 71.1 and 71.6; flax CS.4
and 7.7; rye S7.2 and 52.1; hay,
total yIeId.4C,969,000. acre yield. 1.9;
quality. 90.3; apples, condition, 50.2.
The first cotton ginning report of
the season, issued today by the census
bureau, shows 771,415 bales counting
the round half bales, "which have been
ginned from the growth of 1911 to
Sept. 1, compared with 513.011 bales
of the growth of 1910. ginned to Sep
tember 1. 1910; 3SS.492 bales for 1909;
402.229 for 190S. Round bales includ
ed this year 6,994, as compared with
10,970 for 1910. 11.587 for 1909. 20.S62
for 190S Sea Island bales. 539 for
1911, compared with 21 S for 1910, 1.23S
for 1909 anfl. 1,221 for 190S.
BEATTIE'S JUDGES SOUGHT
AID OF
THIS SEEMS TO
BE GOING SOME
EVEN FOR GARY
i!
i
T
?
r
X
i
GARY, Ind., Sept. 5?. Mayor
Thomas E. Knott was arrested
today on a charge of accepting
and charged with soliciting a $500
with the heating franchise. He
gave $10,000 bonds. Waller Gib
son, a councilman w'as arrested
and charged with soliciting a 5.00
bribe for the same franchise. T.
E. Dean signed the warrants just
after he left the office of the
executive with the franchise in
Ills pocket. Before entering the
office he was searched by four
persons as proof he had J5.000 In
his pockets. After lie emerged
with the franchise he told the
officers they would find the
money in a pigeonhole in the
mayor's df-sk.
o
JUST GOING FISHING
DECLARES COL. ASTOR
He is Not Married Yet and. is Not
Likely to be for Several Days
At Least.
New York, Sept. S. Col. John Ja
cob Astor. accompanied by his fiancee.
Miss Madeline Talmage Force, and
her father, sailed from here late this
afternoon on Colonel Astor's yncht
Noma, for what, it is announced will
lw another week-end cruise on Long
Island sound.
Statements made by Astor just be
fore he embarked indicate that the
marriage will not take place within
three or four days at least and set
at rest scores of rumors afloat to
day. The colonel denied the report
emphatically tliat the marriage had
already occurred secretly in Connecti
cutt. He denied also that the present
voyage will be a cruise to Bermuda.
He's only going fishing, he said, and
will return Monday. There will be
n. marriage on the yacht either, said
Col. Astor.
PLEADS GUILTY TO
CHARGE OF PERJURY
LO.S ANGELES. Cal.. Sept. R. Hi
ram W. Rlaisdell, a wealthy retired
engineer, today pleaded guilty to a
charge of perjury in the federal cnirt.
The case against Blaisdell resulted
from alleged land frauds in the Im
perial vallev by Frank N. and David
Chaplin in January, 199$. when
Blaisdell was a witness. A year later
he testified again in the same case
but differed from his previous testi
mony. Pending the completion of
arguments by counsel. Judge Wellborn
did not rass sentence.
o
RECLUSE IS DEAD
Life Saver of the Mohave Desert
Found by Miners Lifeless
in His Hut.
SAN BERNARDINO. Cal.. Sept. S.
Joseph Manu. known as the "Life
saver of the Mohave desert." for many
years a hermit in Death valley is
tUad. He died in a little hut that bad
been a refuge for years of the lost
prospectors and miners whom he sav
ed from death on the desert. He was
eighty years old ami leynd the fact
that he was a college man nothing of
his past was ever learned. He was
buried by the miners who found his
body.
RIOTS ARE SPREADING.
SHANGHAI. Sept. S Famine and
riots in the Changxeh province are
spreading, and the American Baptist
chapel near Quinsan has been sacked
by marauders from Sachau. With large
areas under water, the wretched pop
ulace is desperate in face of a pros
pect of starvation. In the Shanghai
market the visible supply of rice will
last but ten days.
o
NOT FOR PITTSBURG At yes
terday's meeting, of the ljoard of
trade a letter was read from Mrs.
Cowgill, in charge of the Los Angoles
branch, saying that a represantaxlve
of the Pittsburg land show was there
and desired to know if the hoard
would consider a prop 'sition to make
an exhibit at the forthcoming Pitts
burg land show. It v;i I -cilo that
the board was not in a position to
do so at this time.
Watches, Diamonds and Jewelry, Bought,
Sold and exchanged.. Highest cash price paid for Old Gold, Silver
and preel ua atones.
-ss- N. FRIEDMAN 0v-r
M'fg. Jeweler and Watch Rep fring. 33 W. Wash. St, Phoenix, Ariz.
DUE PROVIDENCE
After That it Took Them
Just 58 Minutes to Find
the Young Virginian Guil
ty of the Murder of His
Wife.
MOTION FOR NEW
TRIAL IS DENIED
Although Under Sentence
of Electrocution Novem
ber 24, the Prisoner Con
fided to Friends He Still
Has Hope.
CHESTERFIELD COURTHOUSE,
Sept. S. Twelve Virginians, mostly
farmers, knelt at dusk tonight in
the obscurity of the small jury room
in the Chesterfield courthouse ami
prayed fervently that they might pas
judgment aright uwn Henry Clay
Beattle, Jr., indicted for the murder
at his wife, then they arose from
'their knees, deliberated nearly an
hour, then silently, one by one, re
corded a verdict of guilty.
After weighing carefully the mean
ing of their decision, and once more
on bended knees beseeching Divine
wisdom against jwssible error, at the
end of 5S minutes the jurors filed
into the hushed and crowded court
room and with startling suddenneaB
twelve voices, instead of the usual
one of the foreman, spoke the word,
"guilty" in a chorus.
It was almost a shout. The pris
oner sat with steady gaste. The court
of appeals will be asked to grant a
writ of error and a new trial. Young:
Beattie. cognizant of the legal wea
pons yet at his disposal, will not
surrender. Instead he consoled His
heart-broken father and comforted
him as he whispered, "I have not
lost yet. father."
Unusual as was the tragedy, the
jurymen do not hesitate to admit to
friends tliat they stood in judgment,
net only over a cold-blooded murder.
Mit on Beattio's matrimonial inffeTIelUy
as well. Prosecutor Wendenberff con
cluded his address to the jury a
few minutes past five o'clock. A brief
respite was given the jury and at
5:2S it began consideration of the
case. For 5S minutes the jurors were
in deep consultation and prayer. They
are men of simple life, who each
morning during the trial sang hymn
and strove to forget the story of
dissipation as related on the wit
ness stand.
What has been generally predicted
was true, namely that their minds
were made up before they left the
courtroom. In the courtroom, mean
time, sat Henry Clay Boattie. Jr., the
sporting imge of a newspaper spread
out before him. But he did not read
long. He folded the paper and con
cealed his face in It. Then he raised
his head a moment and whispered a
few words to his father and brother.
It was nearly dark in the court
room when the jury returned. On
every window sill rested telegrauh
instruments and operators waited
to flash the announcement of the
verdict. The court asked the pris
oner to rise. He calmly stood up
and wnlted.
"Have you gentlemen agreed upon
your verdict?" asked Judge Watson.
"We have," said Foreman Burgess,
and almost the same Instant Judge
Watson asked: "What is your ver
dict?" And the twelve men yelled "guilty!"
Unversed in law and forms of murder
trials, the jury had not specified
what degree of murder. Asked what
degree, the foreman answered. "Guilty
as Indicted." Under the Virginia,
practice murder is presumed to bo
second degree unless otherwise speci
fied. It is Incumbent upon the jury
to fix the degree, and the court ad
vised the jurymen to confer again on
this point. Seven minutes later they
returned a verdict of "Murder in the
first degree."
The prisoner stood erect and mo
tionless. His face, yellpwish green
during" the day, was immobile.
His eyelids sank but did not blink.
It was a resentful expression, and
when the court asked the prisoner
if he had anything to say. lie re
plied: "I have nothing to say."
He then sat down. Perfunctory
motions for a new trial were made
by counsel for the defense. The
usual granting of permission to argue
the point was denied, as Judge Wat
son in a stern voice declared, all trial
rulings by the court had been on com
paratively unimportant details and
could in no way have influenced tin
verdict. A stay of execution was
granted, however. In order to give
counsel for the defense opportunity
to apply for a writ of error when the
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