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The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, February 11, 1913, Image 1

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Death Sentence for Itow; I
Fushimi Gets 20 Years
At two o'clock this afternoon Judge
Overfield passed sentence upon O.
Itow and E. Fushimi both of whom
were recently couvlcted. the former
of murder in the first degre and the
latter of manslaughter, for the killing
of Frank Puna at Dundas Bay Can
nery last July.
The court addressed the defendants
through Interpretor Frank Hermit,
stating that he had gone carefully
over their case upon the motion ol'
their attorney for a new trial and that
he believed that they had had a fair
trial, just the same as if they had
been white boys and that therefore he
could not grant a new trial and that
under the law it became his duty to {
pass sentence.
To the question whether or not they
had anything to say why sentence
should not be passed they replied
that they had much to say but not at
this time.
Turning to Fushimi the court said.
"You have been found guilty of the
crime of manslaugher. for which the
law fixes a punishment of from one
to twenty years. The trial jury evi
dently believed you guilty as the evl-l
dence showed and there is no reason
why the lesser punishment should be
imposed and every i ason why the
greater should be Imposed therefore
the sentence of the court Is thut you
be imprisoned at McNeill's Island
penitentiary for the term of twenty
The court then addressed Itow:
"You have been found guilty of mur
der in the first degree. Under our
law provision is made that the jury
may select a less punishment than
death when finding a verdict of guilty
and so recommend in their verdict.
The jury in this case has made no rec
ommendation but found you guilty as
charged. For that reason it becomes
the duty of the court to sentence you
to death, which will be executed by
the marshal of this court on the
twenty-second day of March."
Attorney Cobb, who was present,
immediately arose and took exception,
which was allowed.
Itow was as calm as he has always
been throughout the entire trial. In
his hand he held a written statement
which requested that if he were exe
cuted that his body be given over to
a medical institute.
An interesting damage suit in which
the Kutalla Company, as construction
company of the Copper Kiver & North
western railroad company, is made de
fendant, has hen up iu the district
court of the Third Division for the
past four years. The suit is founded
on the invasion and wanton destruc
tion of a grave yard, the last resting
place of the ancestors of Chief Good
la-tah. head of the Copper river In
dians. more specifically known as the
The trespass occurred during the
summer of when a construction
gang rolled a great steam shovel with
in the precincts of the ancestral
grave yard near the village of Taral
and began operation. The right of
way at this point. Mile 79. runs di
rectly through the grave yard. It is
said that Superintendent Murchison,
who was taking orders from the stren
uous Heney, paid no attention what
ever to the nature of the place that
they were working in. but gave the
crew orders to make the gravel fly.
People who witnessed the opera
tions say that it was not an uncom
mon thing to see the great steel buck
et come up with a skeleton, or bit of
human bone ensconced with the
gravels. Chief Good-la-tah. who. by
the way. has had some school educa
tion. on being made aware of the sac
rilege. hurried out to the scene filled
with apprehension. On approaching
the scene he was horrified to witness
the vandalism. Deaf ears were turned
to his protestations. The steel mon
ster would not abate its activities
long enough to permit the removal of
the bodies to another spot.
Chagrinned and indignant Good-la
tah boarded the construction train,
and going to Cordova, appealed to the
men in charge at the general offices
of the company. But he appealed in
vain. When the Chief returned to
Taral he found that the wicked ma
chine had cut its way through the sac
red precincts and was merrily snort
ing along farther up' the river.
Good-la-tah went about the devas
tated grave yard picking up the re
mains as best he could that they
might be deposited in another rest
ing place. During his search he came
across the forearm and hand of a body
which immediately attracted his at
tention. On the index finger of the
hand was a copper ring fashioned from
[ the native copper of the country by
his own family. The hand was un
inistakedly that of his grand sire,
i Good-la-tah had become, through
! the advance of civilization in the
country, aware that civil court, backed
by the government, provided recom
pense for injustice such as this, and
he sought out a lawyer whom he
thought was trustworthy. E. E. Richie
took the case and immediately filed
suit against the company for several
thousands of dollars. The case has
been continued over from one term to
another until it promised to rival the
famous case of Jarndice vs. Jarndice.
The trial attracted considerable at
tention and through newspaper com
ments the story finally reached the
notice of an amateur photogrpher who
seems to be a witness of some im
portance. This young photographer
had been present while the steam
shovel was doing its worst or its
best as the case may be, and got sev
eral good snap shots of the great steel
dipper as it came up loaded. One view
shows a skeleton lying on the right
of way where it had been dumped, and
another with a much clearer view
shows the dipper coming up with the
skeleton in it. These exhibits were
forwarded to Good-la-tah's attorney.
In the spring of 1910 it seems that
the railroad company had sent out
a gang of carpenters who built a few
fences around different spots and on
this defense claimed that they had
done no harm. Therefore there was
no ground on which to found a dam
age suit.
It is said that the appearance of the
photographs was more or less discon
certing to the defense and that Chief
Good-la-tah was sent for. It is relat
ed that when he appeared in the of
fices of the company that an offer
was made to settle the suit on the
basis that the company pay one-half |
the sum demanded. When the prop
osition was made clear to the old
chief he is said to have replied:
"Mr. B . what you call 'em can
no unscramble eggs."
The case is still in court.
While a working crew at the upper
dam at Salmon creek were attempting
to move a hoisting engine yesterday,
the heavy piece of machinery broke
away and slipped back down the hill.
A pair of horses were caught in its
path and killed. No one was in
An epidemic of grippe has been prev
alent in Nome, there being ninety
cases in the town at one time.
Every thing that will please a smok
er may be found at BURFORD'S.
Tonight the Orpheum management
will put on Bunny in the comedy,
"The Winning of a Wife." It is said
to be very winning. The show Sat
urday night for the benefit of the La
dies' Guild of Trinity church was a
j decided success.
Phone your subscription to The
Daily Empire. Phone 3-7-4.
Subscribe for The Empire.
LOT FOR SALE ? On Chicken
Ridge; a bargain. Address "C," Em
pire office. 2-8-6t.
At the Commercial Club meeting
tonight matters of importance to the
municipality of Juneau will be dis
cussed with the view of getting re
sults that will be of material benefit
to the community. There is consid
erable complaint especially from
strangers that the streets are not
named, or at least have no names post
ed anywhere that would indicate any
particular identity. This complaint is
often passed up. with the remark that
streets are not so plentiful as to con
fuse one. But the houses are not num
It is doubtful if a dozen business
men in town can tell, off-hand, the
street on which they live. Each house
is designated by the geographical re
lation it bears to some other house
or by some epoch in its history. The
usual custom Is to name the house
for the person living in it last or by
the family immediately preceding
if there has been a residence of any
considerable time. This peculiar con
dition of affairs is very disconcerting
to strangers attempting to become ac
quainted with the city.
The immediate establishment of per
manent street grades is an absolute
necessity according to many property
owners, if confusion is to be avoid
ed during the building boom which
now seems imminent for Juneau.
People who want to invest their
money in the erection of new buildings
would like to have at least a reason
able assurance that their investment
will not be disturbed by changed
street grades or other regulations.
There seems to be a growing senti
ment about town that a building ordi
nance of some kind should be passed
that would safeguard against fire dis
aster. such as was caused by the burn
ing of the Juneau hotel two years ago,
and apainst such accidents as that in
the postoflice entrance two weeks apo.
Ail of the above subjects are likely
to be touched upon by the Commercial
Club, but whether at tonipht's meet
inp or at some 'future time is as yet
unknown. The present city council
are loath to start something they can
not finish and it is doubtful if the
many needful measures can be con
summated in the few brief weeks that
remain for the present body at least
that is the way some business men
view the matter.
Joseph E. Current, .Milton L). Paris
and Peter Colendar were up for sen
tence this morning having been de
nied a new trial on the charge of
complicity in the highway robbery at
Haines last July.
The court iu passing sentence re
ferred to the denial of a new trial and
stated that the case had been gone
into very carefully in their behalf.
The jury were justified in bringing in
the verdict under the evidence before
them. The court said that it was in
comprehensible how men of the age
of defendants could stand idly by and
see a defenseless man robbed as was
shown to have been done by Young
who had pleaded guilty. Xo matter
how much they had feared Young they
should have reported the matter to
their superior officers.
Their plea that they hoped and ex
pected Young to return the money was
not a pood excuse for keeping silent
on the matter. This being the first
time that they had been charged with
anything wrong, the court disposed to
he lenient and would impose a reas
onable sentence. They were given six
[ months in the federal jail at Juneau.
The special program arranged and
produced at the Orpheum theatre
last Saturday night for the benefit of
the Ladies' Guild, of Trinity church,
was a decided success, calling out an
audience that completely filled the
splendid little theatre. Every num
ber received enthusiastic approval.
Articles of incorporation of the Val
dez Bank and Trust Company have
been filed with Secretary Distin. Cap
ital $25,000. The incorporators are A.
E. Grigsby, D. H. Sleem, and John
Fernbloom. The directors are B. F.
Millard. A. E. Grigsby, D. H. Sleem.
Edwin Eckern, and A. Eckern.
FOUND?On Salmon creek road a
lady's coat. Enquire at Burford's. t.f.
Phone your subscription to The
Daily Empire. Phone 3-7-4.
Scott and Five of Party
Perished in a Blizzard
LONDON, Feb. 11. ? The British |
Royal Geographical Society has of
ficially announced the death of Cap
tain Robert Scott, the leader of the
South Pole exploring expedition.
With Captain Scott there also per
ish. d Dr. F. A. Wilson, chief surgeon
of tlie party, Lieut. R. H. Bowers, Capt.
I,. K. (!. Oates, and Petty Ofllcer Ev
All the men died on March 12, 1912,
of hunger and exposure, having been
caught in a blizzard that swept down
upon them while returning from the
Pole to the depot on McMurdo sound.
Captain Scott wrote a "Message to
the Public," before he succumbed,
knowing that death was inevitable.
The message said in part:
"I don't regret the journey to the
South Pole, which has shown that Eng
lishmen can endure hardships and
help one another to meet death with
as great fortitude as ever in the past.
"Things have come out against us
and we have no cause for complaint.
We bow to the will of Providence.
Had we lived we should have had a
tale to tell of the hardihood and en
durance and the courage and devotion
of my companions which would have
stirred the hearts of Englishmen.
"These rough notes which, happily,
may be found on our dead bodies must
tell the tale."
CHICAGO, Feb. 11?Captain Itoald
Amundsen, who is here <^n his lec
ture tour, in an interview concerning
his proposed Arctic expedition, says
that after getting well into the Arc
tic Ocean from Bering sea, he will
build an ice wall around his ship, the
Frani, and settle down for five years,
during which the ship will drift and
The Fram will be equipped with
powerful wireless apparatus and Cap
tain Amundsen expects to mantain
communication with the government
wireles stations in Alaska for some
j time, possibly two years.
TOKYO, Fob. 11.Political rioting has
continued In this city since yesterday,
due to the resignation of Premier Kat
sura's Cabinet. Troops are now pa
trolling the streets and they are |
' maintaining order, though six persons
were killed before the troops were
| called out.
Premier Katsura formally resigned
I today. t |
PORTLAND, Ore., Feb. 11.?William '
i X. Biehl, convicted of land frauds in
the Columbia river valley, has been i
I sentenced to two years in McNeill's |
! Island penitentiary. j
Yesterday by stipulation the case of;
Stun Kohn et al vs. The Alaska-Ju
;khu Gold Mining Company was set- '
tied and the cause dismissed from fur-;
ther consideration by the court. The
matter involved was an agreement for
i tunnel right of way between plain
tiffs who owned certain mining claims
on .Mount Roberts and the defense
who wished to bore a traf- j
fic tunnel under and through the prop
* A. UAJ
All of the terms o ttne contract n?u
been agreed upon for some time, but!
the agreement had not been signed
up and the plaintiffs brought injunc
tion proceedings in order to hasten
the completion of the deal.
By the agreement consummated the
Ylaska-Juneau Company acquires a
right of way for a traffic tunnel
through the property at a nominal
compensation. The owners of the
property are given under certain regu
lations the right to uso the tunnel for
the purpose of prospecting their prop
erty, with entry from the basin end of
the tunnel, together with the privilege
of conveying debris through the tun
nel to its portals on the basin end. The
owners also retain all their mineral
WASHINGTON, Feb. 11. ? George
H. Henry, a New York banker, has
been indicted by a federal grand jury
for contempt. Before the Monpv
Trust investigation committee recent
ly Henry refused to divulge the names
of trust bankers.
A letter received by Charles Gold
stein from E. L. Pillman, of Atlin, B.
C., confirms previous reports of the
gold strike in the Teslin country. Mr.
Pillman believes that the strike Is
a good one, and that quite a number
of men will be working there the
coming season.
WASHINGTON, Feb. 11.?The trans
lations of Dr. Friedmann's statements
regarding his tuberculosis cure have
been completed by the State Depart
, inent. The translations, however, do
not reveal the secret of the remedy.
Dr. Friedmann is the Berlin physi
cian who claims to have perfected a
serum for the cure of consumption.
TRENTON, N. J., Feb. 11.?Cipri
ano Castro, former President of Ven
| ezuela, who has been admitted to the
I United States as a visitor only, tried
to obtain an interview with President
elect Woodrow Wilson yesterday. Mr.
Wilson declined to grant the inter
view, much to Castro's annoyance, it
is said.
SEATTLE, Feb. 11.?Emil Sorenson
was shot last night and fatally wound
ed by Customs Inspector Neil McAr
thur. Sorenson was suspected of
smuggling fifty taels of opium and
when McArthur attempted to arrest
Sorensen he resisted, and in the
struggle was fatally shot.
SAN SALVADOR, C. A., Feb. 11 ?
President Aurajo is dead, he having
succumbed to wounds received at the
hands of assassins a few days ago.
He is succeeded by Don Carlos Mel
SEATTLE, Feb. 11.?Captain E. P.
1 Bertholf, chief of the United States
revenue cutter service, of the North
1 Pacific, in his annual report, recom
mends the construction of a revenue
cutter to replace the Perry in Bering
sea waters.
TOKIO, Feb. 11.?Premier Katsura
was stoned on the streets today after
*e had tendered the Cabinet's resigna
tion to the Emperor. .
WASHINGTON, Feb. 11?The Webb
bill, which has for its object the pro
hibiting of the shipment of intoxicat
ing liquors through dry States, has
passed the House.
Finest line of Calabash pipes in
Alaska at BURFORD'S
(Overthrow of President
Madero is Complete
MEXICO CITY, Feb. 11.?The over
throw of President Madero is com
plete. Gen. Felix Diaz is in posses- (
I sion of the capital and the govern-1
i Henry Lane Wilson, the American
I Ambassador, today wired the follow
ing dispatch to Washington:
"Madero, accompanied by sev
eral hundred troops, has gone to
Cuernavaca. General Diaz has
informed the diplomatic corps
that he will avoid, if possible,
any bloodshed, and that negotia
tions betwen Diaz and General
Huerta, the federal commander,
are progressive."
Reports from other sections of the
republic state that the situation is
j tranquil.
LAREDO, Tex., Feb. 11.?President
Francisco I. Madero of Mexico, has l
telegraphed the Mexican consul here
that General Felix Diaz is in posses
sion of the suburbs of Mexico City,
and that his force numbers only four
hundred now.
President Madero adds that It is
"probable the government will retake
the suburbs."
MEXICO CITY. Feb. 11.?President
Madera, who yesterday fled with his
Cabinet from the national palace, has
returned to it, and the outlook is more
settled, and it is possible that he may
be able to restore order.
Senora Madero, wife of President
Madero, is in Cbapultepec castle, the
great Mexican fortress.
LAREDO, Tex., Feb. 11.?Telegrams
received here assert that at ten o'
clock this morning fighting was re
sumed in Mexico City by federal
troops under General Blanquet. Ma
chine guns were trained on the arse
nal where Diaz has his headquarters.
CHARLESTON, W. Va.. Feb. 11. ?
Seventeen men were killed today and :
forty wounded in a pitched battle be-;
tween striking minors and deputy
sheriffs and guards at Mucklow.
Twelve of the dead are strikers and
five are guards.
TIIENTON, N. J., Feb. 11.?Presi
dent-elect Wilson says that he will;
make no announcement of diplomat
ic appointments until after he is in
The first diplomatic post to be
filled is that of Ambassador to Great
Britain, there being now a vacancy,
'atiscd by the death of Ambassador
Whitelaw Reid.
NEW YORK, Feb. 11.?Police Cap
tain Thomas J. Walsh, Edward J.
Newell, a lawyer and Patrolman
Charles E. Foye, have been indicted
by the grand jury for bribery and per
jury in connection with police graft
ing of gamblers and women of the
PRINCETON, N. J., Feb. 11? Pres-1
ident-eslect Wilson has completed the
first draft of his inaugural address.
After completing it he said he was
not satisfied with it and would re
write the document.
BERLIN, Feb. 11.?The engagement
of Princess Victoria Louise, only
daughter of Emperor William, to
Prince Ernst August, son of the Duke
of Cumberland, has been proclaimed.
.Mr. and Mrs. Z. R. Cheney will leave
for the South on the next trip of the
Princess May. They will first go to
California, where Mr. Cheney has
some legal buslnes to attend to, af-i
ter which they will proceed East.
They plan to be in Washington, D. C.,
for the inauguration of President Wil
Recently Mr. Cheney was endorsed
by the Territorial committee as the
national committeeman to succeed the
late Alfred J. Daly and if the National
Committee endorses the action of the
Territorial committee then Mr. Chen
ey will take his place in that body.
The date of their return has not yet
been fixed.
Phone your want ads to The Dally
Empire, phone 3-7-4.
Washington, Fob. 11.?Hereafter it
will be unlawful for liquor to bo
shipped from a w.et State to or
through one which is in the <iry col
umn. The House bill prohibiting such
transportation which was passed a
fewdays ago has been passed by the
Senate and will go into effect as soon
as it has been signed by the Presi
WASHINGTON, Feb. 11.?Attorney
General Wickersham has declined to
state to the House Committee why he
withdrew the warrants issued by the
State of Texas against ofllcials of the
Standard Oil Company, of TexaB.
WASHINGTON, Feb. 11. ? The
House has passed the agricultural ap
propriation bill, carrying seventeen
ST. PETERSBURG, Feb. 11.?A bill
has been introduced in the Russian
Duma which provides for establish'
ment of consulates at Sitka, Nome, Se
attle and Honolulu.
This morning .Judge Overfiehl an
nounced that unless there was ob
jections raised, that the civil calendar
! would continue in the order us now
arranged and as the criminal cases
were now being rapidly disposed of,
i that It would be taken up next Moil*
| day.
This morning the case against J.
H. Cobb and Lang Cobb was dis
missed as were also the two city cases
up on appeal.
The following members of the petit
jury were excused from service: C. E.
Carpenter, F. A. J. Galwas, J. H.
King, Chas. A. Hopp, W. H. McBlaln,
Harry Ashball, John J. Kasnakoff.
There remain but two cases on the
criminal docket?the case against
Green for whiskey peddling, and
against Joe Webber for assaul. The
latter is not in the city and cannot be
brought here until a steamer can be
found thaf will call at Warm Springs.
The case of Russet vs. Russell was
set to follow the last jury case on the
civil calendar.
The motion to substitute the City
of Juneau as plaintiff in the case of
Bodie vs. Fitzgerald was denied by
the court.

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