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c TRAIN ARRIVALS No. I 7.45 p. m. No 4 5.50 p. hi. No. 7 10. J5 p. m. No. 8 6 40 p. m. No. 9 1 1.45 p.m. rrrrn N WEATHER FORECAST finier. Colo., Fib. I. Tonight fair and cold. Sunday partly cloudy and sot so c ltd. WE GET THE NEWS FIRST VOLUjl23. ALBUQUERQUE. NEW MEXICO. SATURDAY EVENING. FEBRUARY 1, 190S. NUMBER 28 A JURY FiS HARRY K. IHAW "NOT GUIiT-INSANE WHEN HE KILLED STANFORD WHITE Forbid Cheers by Crowd Which Pack ed Courtroom-Thaw Expected Ver dict and Feels Confident of Ability to Secure - Release From Asylum in Short Time. COMMITTED 10 WATTEAWAN HOSPITAL BY JUSTICE DOWUG THIS MORNING Drawn, Tense Faces of Jurors Showed Effects of All Night Session and Arguments Before Verdict Was Possible Thaw More Restless Than at Any Time Since He Commltt9d Alurder-Breaks Down With Emo Hon When Decision Is Announced. York. Feb. 1. Released from all blame for the killing of Stanford White a nil with the prospect of death In the electric chair forever remuvocl by the verdict of the twelve men who held his fate In their hand. Harry K. Thaw was this after noon ordered committed to the state asylum for the Insane at Watteshrd on the grounds that his discharge from custody would he a menace to the public safety. He was taken to placed in confinement. The end to the greatest murder trial the United States has seen, Judg ed from th- point of public interest and the effort made to save the mur derer, came shortly after noon, when the Jury tiled into the court room and delivered the verdict which they had reached after a Tilght of delib eration, arguments and ballot tak ing. "We. the Jury in the above enti tled case, H find -the defendant not guilty, on the ground that he was insane when he committed the act with which charged, " read the clerk of the court, from a slip of paper handed him by the foreman of the Jury. "Gentlemen, is this your verdict?" asked the Justice. Only Few SMMtattrs. "It in," answered each In turn. They were the-ii discharged by Jus tice Dowling. Only a few .spectators were per mitted to enter the court room when the Jury entered and they were warned in advance by Justice Dowl ing that any demonstration as a re sult of the verdict would meet with punishment, Evelyn Thaw nas the only mem ber of the Thaw faintly present and she sat as near ln-r husband as tbe officer would permit. Thaw had it i.t a restless night, and was more nervous than he has been at any time since the murder was committed. He arose at dawn and appeared to be cheerful and In good spirits. He talked with his keepers several minutes and express ed the belief that the Jury would iind htm not guilty. He seemed rec oncile,! to the best that he could ex pect was a term of confinement In an Insane asylum, ami stated that he was confident, that he would be able to win his way out of the asylum in a short lime. The Jurors were taken to breakfast at S o'clock and seemed glad of an opportunity to escape from the Jury 1.1,1m for even a short time. Their ti-n.ve, drawn faces showed the strain under which th-y had worked all night long. Tliaw Was Plcnx-il. Immediately after they had finish ed breakfast they were taken back to the Jury room and remained there until 12: 20 o'clock, when they an nounce l a vetdi n had heen agreed on. The announcement sprea 1 rapidly throughout the building and a crowd immediately collected at the court room door. Only a few were permit ted to enter and the doors were clos ed as the jury liled into the room. tef ore asking for the verdict Jus tice Dowling addressed the spectat or.". Hi- warned them that no dem onstration as a result of the verdict would he perir.JttfJ and cautioned them Uh'ii ist any outburst should the decls'on of the jury be contrary to anyone's Idea. He t'ten directed the clerk to real the Vf-rdict. Thaw wad seated facing the jury box. He watched their faces as they filed Into the room and awaited the verdict with an air of expectancy which plainly showed he expected ac- i u i 1 1 j I . He did not appear nervous. hup for a alight twitching about his mouth as he watched the Jurors. When the verdict was read he half rose from his chair, and then sank back again. For a moment his emo tion almost overcame him, then he recovered and faced the jurors with a smile on his face. As they filed from the Jury box. he smilingly bowed to i each one in turn. Kvelyn could hardly conceal her pleasure and smiled and bowed to the Jurors as they filed from the room. Jerome. NnttislhHl. Following the rending of the. ver dict Prosecutor Jerome stepped for ward and shook each Juror by the hand. He was apparently satisfied with the verdict, but made no com ments. The spectators were pleased with the verdict, but remembered Justice Dowllng's order and refrained from any demonstration. The only excep tion was on the part of Theodore Kcosevelt Pell, a noted tennis player who started to applaud when the verdict was read. He was Immediate ly taken In charge- by an oftlcir of the court and brought belore Justice Dowling. who fined him J 25 for con tempt of court. He paid the tine. None of the Jurors would make any statement concerning the delibera tions, except to say that fourteen bal lots were taken before a decision was reached. They would not say how any of the ballots resulted before the final one was reached. After the Jury had left the room Justice Dowling rapped for order and said: IJttleton ObJ.vts "I deem that the discharge of this defendant would be a menace to the public safety and will order him committed to the state hospital for the insane at Mattaewan, to be con fined there for an Indefinite period." Attorney Littleton was on his feet Instantly and objected to the court's decision and order committing Thaw to the Insane asylum. Justice Dowl ing stated that he would overrule the objection, but at Littleton's request agreed to grant a stay of execution unll 3 o'clock, In order to permit tbe attorneys for the defense to con fer as to whether or not a writ of habeas corpus would be secured to prevent his removal to the asylum until a commission of physicians had j adjudged him Insane. This conference was held, and At torney Littleton then unnounced that the defense would not try to secure a writ of habeas corpus at this time. On this statement Justice Dowling ordered that Thaw be. taken to the asylum without delay. He was again taken in charge by officials and this afternoon taken to Mattaewan, where he waj at once placed In solitary confinement. He will probably be allowed grtater lib erty tomorrow. The .Mother Happy, Kvelyn was permitted to speak to her husband a few minutes before he was taken back to jai to await transportation to the asylum, and after bidding him good by she left the c tun room. "I knew it w o,:,, cume out all right," .;he said A meiienge iuii'.tiy airiej the news to Mrs. William Thaw, the prisoner's mother, at the Hotel Lor raine. "Thank God, my son is saved." she 3ald. "1 am perfectly satisfied." Attorney Littleton refused to make any statement concerning future ac tion In an effort to secure Thaw's release from the asylum. He stated that he would first have to cont'.'.' with his associates and members of the family. Attorney Littleton was the center of a group of attorneys, court officials and spectators, and received many congratulations on the result of the trial. YARMOUTH D1VOKCL I HI A I, Sl.T AUiv Hutu's Pica for Annulment Will lie, I lean! Next cliicay. London, Feb. 1. Sir Ulrrel iiarnes president of the divorce court, lixed the hearing of the suit orought by the Countess of Y'armouth, who wan Alice Thaw of Pittsburg, against her husband for the annulment of her marriage, t jr r.ert Wednesday after noon. The attorm.) for the Counters of Yarmouth, in muklng the appli cation, said tike cjse wculd be short. Willie Taft Sends Little Miss Hail Columbia a Valentine FIVE PERSONS DIE KANSAS CITY EIRE IN Heroic Work of Women Saved Inmates of Rooming House From Death In Flames. THREE STORY, BUILDING A VERITABLE FIRE TRAP Kansas Citiy, Feb. 1. Five per sons were burned to death and five others injured in a tire which de stroyed the three story roomlng housf t 1116 Wyandotte street, near the business center of the city, this morning. The dead: Mrs. Jennie Kelt. Mabel Porter, waitress. Nina Graves, waitress. I'eter Rooney. cook. Ch-arles Johnson, cook. Of those who died in the flames Mrs. liert was the only one who left her room. .She was awakened by the smell of smoke and left her bed. She went from room to room, awakening the Inmates, and although closely pressed by tire and smoke, contin ued until she amused nearly all the inmates. ivereome by the smoke she stumbled and fell headlong down a .stairway in;o the thickest of the flame?, but through her efforts the lives of many of the inmates were saved. There were twenty-two persona in the building when the tire broke out. The building was one of the oldest In the city and was a veritable death trap, without lire escapes and with badly arranged exits. The tire started from an explosion of natural gas in the basement of the building about 6 o'clock this morning, and the llames nnd smoke spread rapidly, cutting oft the exits from the building. The five who were killed were on ,the third floor. NO TWO STAR-NTRHAMS MX 1ST. Albany, Y., t eh. 1. I'rof. Lewis Moss of the Dudley observatory, which Is supported by the Carnegie fund, announces that he has disproved the theory that there are two streams of stars moving in opposite directions, which theory was recently promul gated by H. Kapteyn, a famous Dutch astronomer, and generally accepted by astronomers. The Dudley observatory is tbe only one in the world engaged In ti.e same work as that In which Prof. Kayteyn is engaged, and Is mapping all the stars visible to the naked eye and recording their movements as nearly as possible. While the work baa been going on only a year and much more remains to be done, Prof. Bos and his assistants say they have gone far enough to be able to positively prove that Kapteyn'a the ory i unu liable. They believe that the mistake wm due to th lnadt-; quticy of the Dutch professor a equip inC'iit. NEW YORK BANKS HOLD FORTY MILLION SULPLUS Legal Reserve Requirements Exceeded by That Amount Big Weekly Increase. CLEARING HOUSE REPORT SHOWS GOOD CONDITION New York, Feb. 1. The weekly statement Issued by the clearing house association at the close of business today shows that the oanki of New York hold at the end of this week $40i".20,72 3 more than is re quired under the 25 per cent reserve rule. As compared with the statement of holdings for last week this is an increase of $3,462,223 in the propor tionate cash reserve. L DESCENDANT DIES AT DENVER Sou r Old American faintly. Phil anthropist, himI Patriotic rltr. Denver, Feb 1. Kdward Crom-j well, the oldest direct descendant of Oliver Cromwell, died last night at the home of his daughter, Mrs. Ger trude C. Sampson, in his S7th year. I Mr. Cromwell was a member of one of the oldest American families ard was born in New York City June 1, 1x21. His entire life was given; largely to philanthropic and patri-' otic work and fur many years he was conspicuous In the business world, ' operating the largest Hour mill In) the United States. j He was a charter member of the New York Produce Exchange and served as necretaty of the organiza tion for ten years. He came to Col orado in the fall of 11106. JAPAN 1ST PROTECT PACIEICJOAST LINE Inquisitive Memlier in House) of Diet Asked Wliat Military ITepura tions Meant. Toklo, Feb. 1. At a sectional committee meeting in the diet to day, M. Olshl, a member of the house, asked for information con cerning Japan's military prepara tions. He wanted to know against whom they are directed. Minister of War Teraucal replied that they are not directed against any single nation, but against future events on the Pacific coast, where Japan has a long coast line to de fend, extending from Saghallen to Formosa. PENNSYLVANIA BOUGHT 'SOFAS AT $18.40 "PERJ00T" Even at That. Measurements Were Trebled. 6 Foot Furni ture Selling lor 19 Feet. PENNYPACKER TO TESTI FY FOR DEFENDANTS Harrlsburg, I"a., Feb. 1. Kphralm Oswald, who has been employed as a carpenter at the state capltol since 1SH6, told In court of excessive prices paid by Pennsylvania for furnishing Ms thirteen million dollar ntatehou.se. The testimony was given at the triwl of ex-Auditor (iencral Snyder, ex State Treasurer Mathues, J. H. San derson, a contractor, and James M. Shumaker, ex-superlnten.lent of grounds and buildings. Oswald bad charge of the placing of the furniture In the new capltol and testilied to the invoices of tne furniture supplied by Sanderson. He said that all the articles involved in the case now on trial were delivered to the capltol with tags attached snowing the number of feet In each article and the room In which it was to be placed. One of the sofas was brought in and produced before the jury. The actual length of the sofa is six feet, but It was billed to the state by Sanderson at nineteen and one-half feet at the rale of $18.40 a foot. Another sofa of the same design and size was produced before Jhe jury. Oswald's measurement show ed that It was six feet long. The sofa wiis billed to the state as con taining nineteen and one-half feet. The state next produced a table which was billed at J1V40 "per foot" Instead of I10.KO "per foot," a the commonwealth contends i-hoii!d have been done under San derson's contract. Two clothes trees were a!.vi produced. They were con tracted for 'ut $3.53 each and paid for at the rate of IIS. 40 "per foot." With this furniture still on exhibi tion and Oswald's testimony Incom plete the court adjourned. Kx-Uovernor pennypacker Ls nere under subpoena as a witness for the defense. James M. Shumaker was the executive oftlcer of the board while Pennypacker was president. JIOMK HANK TAILS. New York. Feb. 1. The Home hank of Prooklyn, a stale Institu tion, on which a run started yester day, failed to open Its doors tills morning. The bank ls a small in stitution In South Brooklyn and has a capital of $100,000. The deposit formerly averaged $500,000 but have greatly decreased since October. HAHIUMAV ItKTItKXClIFS. Houston, Feb. 1. Effective March 1, the land and Immigration depart ment of tne Southern Pacific rail road will be abolished, according t) an announcement male today. This action is taken to decrease expenses. FILES SUIT TO BREAK Harrlman. Clark. Schlff. Rog crs. Stlllman and Other Financiers Named as Defendants. ALLEGES CONSPIRACY AGAINST COMMON PEOPLE Asks Permanent Injunction to Pre vent Combination of Compet ing Kallroads In Restraint of Commerce-To Re strain Officers. Washington. D. ;., Feb. 1. Act ing under Instructions from the at torney general of the United States, Hiram H. liooth, I'nlted States at torney, today tlle-d suit in the circuit court of the United States for the district of Utah, sitting at Salt Lake City, to dissolve the Harrlman rail road merger and to prevent a con tinuance of the control of competing lines throughout the west. The suit Is In the form of a peti tion, or bill In equity, In which the United States ls made, complainant and the following are defendants: The Union Pacific, Oregon Short Line, Oregon ltailroad and Naviga tion company, San l'edro, Los An geles and Salt Lake, Atchison, Topoka and Santa Fe, Southern Pacific, Northern Pacltlc, Great Northern, The Farmerj Loan and Trust com pany, K. 11. Harrlman, Jacob Schlff, Otto Kahn, James Stlllman, Henry H. lingers, Henry C. Frlck and William A. Clark.- Allugcg Conspiracy. The petition alleges that a con spiracy and oombltiation exists among the defendants and that this con spiracy la derogatory to the common rights of iiirthe people of the United States. It asks that the defendants he perpetually enjoined from doing any act in furtherance of the com bination or conspiracy described, or any act tending to the complete or partial control of the said lines of competing railroads by the Union Pa cific, Oregon Short Line or Oregon KailroHd and Navigation company, or their oflicers or any persons, asso ciations or corporations acting for or In lieu of the companies named. To Itcstntin Officer. The bill further asks that all the acts of the defendants In pursuance of the conspiracy alleged be decreed by the court to be In open violation of the uct of congress, which was ap proved in July, 1S90, and which Is entitled "An Act to Protect Trade and Commerce Against Unlawful Re straint nnd Monopolies," und amend atory acts thereof. It further asks that a writ of Injunction be Issued by the court, commanding tho de fendants to desist from such unlaw ful acts as are alleged in the peti tion. The complainant also asks that subpoenas be Issued dgaliutt the de fendants requiring them to appear and answer (but not unn-er oath I the al legations et forth in the bill and to perforin such acts as the court may decree. A temporary Injunction Is also asked. SOLICITING COMMITTEE TAKES DAYS REST Work of luiislng Funds for 'onven lion Hall W ill bit I(eumcl on .Monday, The convention hall soliciting committee held a thirty minute con xultation at the First National bank I this afternoon and decided that "n ! account of today being tile first day I of the month and Saturday it would , do no soliciting. , Chairman l'.rooks of tho commit- tee said after the meeting that the work of soliciting funds would he resumed Jigaln on Monday and would be Unbilled up by next week without a doubt. Too work of the committee yesterday met with s much success as on Thursday, which was very satisfactory. TO WHOM DID Hi: HIUIIK? llou-4 luiplaJn l'ra)cl "Deliver I s 1oiii Ileinugoguex, Amid Ap plause. Washington, D. C. Feb. 1 The prayer of the chaplain was applaud ed In the nouse. "Oh, Lord." he prayed, "deliver us from the demagogue, and the shal low, talking man, and give us the man with a big heart arid a broad manner of thought." The republicans said the chaplain had Ilryan In mind when he referred to loud talkers; the democrats re plied that be had referred to Roose velt; the chaplain declined to be interviewed. UNITED STATES MERGER COLD WEATHER WAVE SWEEPS OVER THE WEST Low Temperature Prevails From Missouri to Colorado and Is Advancing at Good Speed. PREDICT COLD WEATHER IN ALBUQUERQUE TONIGHT Mlssourlans In Grasp of Blizzard Kansas and Oklahoma Cold Snow Delays Nebraska Trains-Coldest Day of Winter In Colorado. Cold weather is predicted for Al buquerque and vicinity tonight, which ls in keeping with the weather prevailing from the Mississippi west. A cold wave struck the 'Mississippi valley yesterday and is traveling westward at good speed. The ad vance guard arrived in Albuquerqu yesterday and according to the pre dictions of the weather man will b followed by what Is left of the cold wave tonight. Tomorrow he pre dicts that the gun will shine with It usual warmth and the weather will be warmer. The thermometer was down low enough this morning to make heavy clothing a necessity rather than a luxury, hut the sun soon brought comfort. According to the specifi cations submitted by the forecaster the cold wave will not bother Albu qerque much, and tomorrow will ba sunny and warm as usual. C'oUl in Colorado. Denver, Feb. 1. Last night waa the coldest of the winter throughout Colorado, particularly In the north ern part. Wind prevailed, which added to the discomfort. Ten de grees below sero was recorded by tbe weather, bureau. Kanssui Had It. Topeka, Feb. 1. A cold wave pre vails over Kansas today, with the temperature averaging three degrees below, the coldest weather recorded yet this winter. Several Inches of snow fell yesterday, but according to railroad officials it is not suffi cient to interfere with traffic, al though the high winds prevailing are blowing it into drifts. Oklahoma 1 4 Cold. Oklahoma City, Feb. 1. A decid ed fall in temperature was recorded here last night and reports from throughout the state Indicate a gen erally lower temperature. The ther mometer stood at ten degrees above lero at 8 o'clock this morning. Itllzzartl In MlsKourl. St. Joseph, Feb. 1, Northwest Missouri Is in the grip of the first blizzard of the winter. The ther mometer touched zero rast night and generally low temperature prevails throughout the state today. Snow Hurries last night and today, accom panied by high winds, cause Intense Buffering, particularly to livestock. Ncbriiskaiis Sliivcr. Lincoln, Feb. 1. Intense cold pre vails throughout Nebraska today, and drifting snow has delayed all trains in the southern part of the state. At Lincoln this morning the temperature was three degrees be low zero and at MoCook the ther mometer registered ten below. At Devil's iJike. St. Paul, Feb. 1. A cutting wind from the northwest ls bringing ex treme cold weather into this section of the country. The thermometer today registered three degrees below zero. At lleglna, Northwest Terri tory, thirty degrees below haj been registered. The coldest place In the United States today ls Devil's Lake, where it is twenty-six degrees below zero. FLORIDA TOURIST RESORT DESTROYED BY EIRE (Quests Hail Narrow I:scax l'rinu iM'atli by Smoke and I lames. Jacksonville, Fla., Feb. 1. Tie Hamilton hotel, a tourist resort on the banks of the Suwanee river at White Springs, Florida, w xs com pletely destroyed by fire last night. The house was crowded with guests and many had narrow escapes from Jeatn. Klght were overcome ly the smoke and carried from the burn ing building. All the cottages on the grounds were also destroyed, the total loss amounting to $100,000. The tire is said to have been caused by defec tive wiring. HtlSH ACTOlt DUN. Columbus. Ohio, Feb. 1. Dennis O'Sulllvan, the Irish actor and sing er, died today at the ilrant hospital, following an operation for appendi citis performed Thursday. He was born in San Francisco la 1S66. and his greatest success was in "Peggy Machrce "