Newspaper Page Text
jic -"r -sa
Fair Tonight and. Probably
Tuesday. Cooler Tuesday.
K PBIOE ONE CENT.
Yesterday's Circulation, 48,343
- tn&e'l-G0 " " J TW" ""'yZX ".F"!W3?S?" VW'Jrf
TWELVE KILLED IN
AND MANY INJURED
Both Engine Crews Among Dead, and Sev
eral Members of Denver Baseball Club
Hurt Near Indianola, Neb.
IT IS ME OF
I Figure in Inquiry
Divorced, Must Pay Big Alimony
llll BBgJli Ktv n "" "-' t III
Ill amSt'i'kdl $$tePll
IN STATE OFFICE
Albert Rosenthal, Artist,
Makes Revelation to
BIG DISCREPANCY IN
CHECK AND VOUCHER
Record Shows Charge Called for
Three Times Amount of
Sensational testimony 'indicating
that some one in the State Depart
ment has been guilty of Juggling
expense accounts was brought out
today at a meeting of the House
Committee on Expenditures in the
Albert Rosenthal, portrait painter
of Philadelphia, testified that he
had received $850 for painting a
portrait of Secretary of State Day,
who is now an associate justice of
the United States Supreme Court
Mr. Rosenthal said he signed a
blank voucher in payment for the
portrait, which was to be hung in
the State Department.
What Voucher Showed.
When he saw the same voucher a year
or two later, said Mr. Rosenthal, It
showed that ?2,4i0 or $2,450 had been
paid for the portrait.
Some time in 19i6," said Mr. Rosen
thal, "Secretary Day asked me to paint
his portrait, on condition that It would
not cost more than JS3). A short time
later I received a check from Colonel
Michaels, then chler clerk of the State
Department. This check called for JS50,
and I signed a blank voucher.
"On mv return from Europe In Feb
ruary, 1907, I went to the State Depart
ment, and the matter was brought up
by Mr. Denby. who had succeeded Colo
nel Michaels as chief clerk. There was
some talk about painting a portrait of
Secretary Day, but Mr. Denby ,aid my
price was too high. I told him I had
charged the usual price, $850.
Thinks It Personal Check.
"Mr. Denby said there :niist have been
some mistake, because the voucher
called for a good deal more than that.
He showed the voucner to me, and It
called for somewhere around $2,400, or
Chairman Hamlin of Missouri asked
Mr. Rosenthal If the $' deck was a
personal check. Mr. Rosenthal replied
that he would not swear that It was,
but his impression was that it was a
"W hen you next saw this voucher
It was for $2,400 or $2.4507" asked
Chairman Hamlin. '"What did you
"I told them that I had not recelvod
that amount for the painting," replied
Spoke to Justice Day.
Mr. Rosenthal was asked If he had
spoken to anybody else about the
voucher except Chief Clerk Denby, of
the State Department. The artist re
plied that he had told Justice Day,
who had been elevated to the Supreme
Bench, about the Incident.
"What did you tell Justice Day?" ask
ed Chairman Hamlin.
"I simply told him," said Mr. Rosen
thal, "that I had been confronted with
a voucher for $2,450 for his portrait, that
I had agreed to paint It for JS50, and
had only received $So0."
Mr. Rosenthal did not know whether
Justice Da had taken the matter up
with the State Department or not.
Michaels May Be Sought
The committee seemed so surprised at
the nature of Mr. Rosenthal's testimony
that it adjourned until 2.30 o'clock in
rder to send to the State Department
to get the original voucher.
Chief Morrison, of the Bureau of Ac
CGCnts, who had charge of the canceled
vouchers, was subpoenaed to appear
before the committee, although the com
mittee was inclined to think that a full
explanation of the transaction can only
be obtained from Mr. Michaels, who
was chief clerk of the State Depart
ment at the time the painting was
made, and who is alleged to have sent
Artist Rosenthal the $850 check.
Small Boy's Leg
Gilbert Savo, seven years old, who
lives at 903 Sixth street northwest,
'was knocked down and had his leg
broken by an automobile driven by
Joseph Berberlch. The little fellow
was in front of 511 L street when the
accident happened, and Mr. Berberlch
placed him and his mother in the au
tomobile and rushed to Emergency
Hospital. After the little fellow was
treated Mr. Berberlch carried him to
FORECAST FOR THE DISTRICT.
Fair tonight and probably Tuesday.
Slightly lower temperature Tuesday.
Light variable winds probably becom
ing northerly Tuesday.
8 a, m J2
9 a. m 3
10 a. m J
11 a. m 2
12 noon S5
1 p. m 87
2 p. m S3
U. S. BUREAU.
S a. m to
9 a. m 75
10 a. m 7J
11 a. m 7S
12 noon x
1 p. m E6
2 P. m i6
Today High tide, S:40 a. m. and 9:15 p.
JT1. AJUW mr, ...v.. u. .... ...... w.m, i. in.
Tomorrow High tide, 9:31 a. m. am
10:10 P- m. jjow uue, .-" a., m. ana :.
Sun rises 4:33 Sun setj.,i..,.j
COL. WILLIAM H. MICHAELS,
Former Chief Clerk of the State Department.
AS SUCCESSOR TO
Envoy at Paris Likely to Be
Repoft. ' '
It Is reported at the White House
today that Ambassador Robert Bacon,
former Secretary of State, now station
ed at Paris, would succeed Ambassador
David Jayne Hill at Berlin, when th'e
latter's resignation becomes effective
This report came from a member of
the Senate Committee on Foreign Re
lations. He called to see the President
on another matter, and afterward ven
tured the opinion that Mr. Bacon would
be the appointee.
This Senator frankly admitted that
he spoke without authority when he
suggested the name of Mr. Bacon, but
Just the same, he was willing to gamble
that the ambassador to France would
be transferred. He did not know who
would succeed Mr. Bacon in case this
program goes into effect.
Another interesting piece of informa
tion was given out by this Senator, In
connection with the Berlin appointment.
He said that Ambassador O'Brien, at
Tokyo, would not be sent to Germany.
He said the President had authorized
him to write to Mr. O'Brien that such
a transfer could not, at this time, bo
made. This eliminates another of the
oft-mentioned possibilities for this diplo
MURDERESS TO BE
HANGED JULY 31
First Woman Thus Sentenced
Since Accomplice in Lincoln
With a smile playing about her lips
and leaning heavllv upon a chair for
support, Mrs. Mattio E. Lomax, colored,
today received a sentence, by Justice
Wright in Criminal Court, No. 1, to be
executed upon the gallows in the Dis
trict jail Monday, July 31, to expiate the
murder of her husband, Cecil B. Lomax,
Hanging of Mrs. Lomax is the first
death penalty pronounced against a
woman in the District since the
noose killed Mrs. Mary Surratt in
1863, for conspiracy to assassinate
Looking Justice Wright squarely In
the face, the woman smiled as she faced
death, but her body shook with emotion.
When asked before her sentence was
pronounced if she had anything to say,
Mrs. Lomax said:
"I'd like to beg for another trial. I
don't feel that I've had justice."
"That is for a tribunal other than this
to determine," said Justice Wright.
An appeal from the sentence to the
District Court of Appeals In a last at
tempt to save the life of the woman was
noed In court by her attorney, John
Ridout. He also presented a motion for
a new trial before her sentence, which
Justice Wright overruled.
Assistant United States District At
torney James Proctor procured the con
viction of Mrs. Lomax unassisted. Tho
erately planned the murder of her hus
band, Cecil Lomax, In his room about 4
n. m. December 16 last. He was shot
twice through tho head, dying almost
,.,.- lf r f -V ti w'-.. -K
Senators' Troubles Aired
Again During Four
WAS AN AGREEMENT,
ASSERT THE ANTIS
Had a Gentlemen's Understanding
at the Last Meeting, They
The troubles of the Senate Demo
crats over the Lorlmer case were
again aired In a four-hour caucus
At the caucus last week, while no
(agreement was formally reached.
some of the anti-Lorimer Senators
got the understanding that there
; was an Informal agreement that the
! investigation should be given to the
Privileges and Elections Commit
tee, with a gentlemen's understand
ing that it would name a subcom
mittee to conduct the actual in
quiry. This subcommittee, It' was
understood, was to include four
anti-Lorimer and three pro-Lorlmer
When the Privileges and Elections
Committee met on Saturday, Sen
ator Lea of Tennessee made a mo
tion to designate such a committee
of seven. When It came to a vote,
however, only three favored the
This action made the anti-Lorimer
Democrats suspicious, and a command
was msde f" fiHJ,e. co lereni "jn
In the meantime. Senator Bailey's
speech on last Friday in the Senate had
served to accentuate differences among
the Democrats, some of whom were
much displeased with Mr. Bailey's as
sumption that he spoke for the entire
body of Democrats. Senator Martin,
the nominal Democratic leader, was
among those disaffected by Mr. Bailey's
action, and it was because of this that
he finally consented to call the caucus
The progressive Democrats, who have
been anxious from the beginning of this
session to break down Mr. Bailey's hold
on the minority, have been making the
most of this opportunity to spread dis
sension and great opposition to further
domination by Bailey. Some of the
Democrats who in the past have been,
pretty faithfuj followers of Mr. Bailey,
have been particularly displeased be
cause of his actions In the Lorlmer case.
There have been some very interest
ing passages among Democrats in these
conferences. Senator Martine, of New
Jersey, according to one story that is
told with a good deal of unction about
the Capitol, at one stage declared that
he could not consent to be bound by
anything that the caucus would agree
upon unless it coincided with his per
Senator Ballev it Is alleged, indulged
some reflections on the sort of party
loyalty that could sustain such a posi
tion. Thereupon, according to the story.
Senator Martine shook his flat In the
direction of the Tucan and declared,
with a good deal of vigor that he waa
as good a Democrat as oJe Bailey ever
Whether the Lorlmer resolution gets
to a vote today or not, it is conceded
that the Martin resolution, in substance
at least, will carry but that a consider
able number of Democrats will vote for
the La Follette resolution. A vote today
Is very uncertain, as It is known that
Senator Cummins, and some of the
Democrats want to talk before the vote
South Dakotans Fight
So filled with indignation over the
reclproctly agreement were the mem
bers of the South Dakota delegation
that they appeared again before the
Senate Committee on Finance today to
protest against it.
"The treaty was conceived In secret,"
said W. H. Lyon, of Sioux Falls, "and
will promote United States emigration
"The President discovered that we
needed a foo dsupply from across the
border. If that time ever comes it
will be when we are dead.
"If Canada wants to share In the
great United States market, let it pull
down the British emblem and run up
the Stars and Stripes."
James D. McKcnncy, of Bradley, S.
D., and A. E. Chamberlain, of the
State Agricultural College, both fired
shots at the Canadian agreement
Burman Break's Record
For Indianapolis Track
INDIANAPOLIS. Ind., May 29. "Wild
Bob" Burman, the recently crowned
"speed king," made himself a hot fav
orite for tomorrow's big SOO-mllo race
by traveling faster today on the In
dianapolis speedway than was ever be
fore traveled over this oral track. He
established new records for the quar
ter mile, half mile, kilometer, and mile.
His time for the mile was 33.35 seconds.
The other new records are 8.16 seconds
for the quarter mile: 16.83 for the half
mile, and 21.40 for the kilometer. Bur
man's average speed was 101 miles an
hour. He made but one attempt to
lower the old records, which were held
by Barney. Oldfleld
i ..fci, i4(& ". . -j
111 HHvwka . 'j a'-'v rfy "J- ,v i atJSS SKA -yflE-Jtw. V S'l III
III fHHBCT 'a Hb. Ill
III HHHKtv.r-H)nHI III
Copyright, G. G. Bain.
ISAAC E. EMERSON,
Baltimorean, From Whom His Wife Has Won a Divorce and Twenty-eight
Thousand Dollars Annually.
WIFE GETS DIVORCE
Baltimorean Ordered to Pay
BALTIMORE, May 3. -An order was
signed by Judge Heulsler In the circuit
court today granting Mrs. Emfllie A.
Emerson an absolute divorce from Capt.
Isaac E. Emerson, the prominent hotel
builder, drug manufacturer, and yachts
man, under the cross bill filed by Mrs.
Emerson late in March.
Under the order Mrs. Emerson will re
ceive $28,000 a year alimony in monthly
installments, the first installment to be
paid today, and on tho same date of
each month, while her lawyers, William
Shepard Bryan, Jr., and George White
lock, must be paid a counsel fee of $5,000
each by Captain Emerson. The divorce
was granted on the ground of desertion.
According to the testimony and the
special report of Alexander H. Robert
son, auditor and master in chancery, the
reasons for the divorce were that Cap
tain and Mrs. Emerson had not lived
together since 1904, although otten occu
pying the same residence. Their sepa
ration came in 1901 when they had a
serious disagreement, the nature of
which Mrs. Emerson refused to dis
close or allow to go on record, becaus
she said It might involve some Innocent
It Is shown that after the disagree
ment Captain Emerson left the Emerson
mansion at 2500 Eutaw place, going to
live at Irvlngton-on-the-Hudson with
his daughter, Mrs. Smith Holllns Mc
Klm, former Baltimorean and society
leader, afterward traveling in the
South and In Europe with Mrs. McKlm.
The court found that there would be
no necessity for taking testimony as to
alimony, because Captain Emerson sign
ed the alimony agreement. The ali
mony must be paid monthly during the
life of Mrs. Emerson.
When she dies the proportionate part
since the last payment must be paid to
her personal representatives. The de
cree as to the payment of alimony Is
not to be a Hen on the property of the
defendant, except as to each Install
ment of alimony as may be overdue or
Firemen's Wage Demand
Steps for an amicable settlement of
the differences between the Southern
railway officials and the hundreds of
firemen employed on the road, because
of tho company's refusal to grant a
20 per cent Increase in wages, were
taken today, when Charles P. Neill,
commissioner of labor, and Judge
Knapp, of the commerce court, sitting
as a board of mediation, began con
sideration of the grievances and con
tentions of both sides.
While the firemen claim that noth
ing less than the 20 per cent Increase
will be satisfactory to them, no fur
ther action will be taken until Dr.
Neill and Judge Knapp have submit
ted their report
Twenty-one members of the execu
tive council of the Brotherhood of
Railway Firemen, whose negotiations
with officials of the road were termi
nated when the case was submitted
for mediation, will probably remain in
the city until final settlement has been
reached. Unless a decision is given
favorable to the firemen It Is prac
tically certain, according to the execu
tive council, that a strike will follow.
Secretary of War
Stimson at Work
Henry L. Stlnson, who was sworn in
as Secretary of War a week ago, as
sumed the duties of his office today fol
lowing his return last night from a week
spent in New York.
Secretary Stimson expects to be at
his desk dally for the next few weeks
and started In with a rush today to get
acquainted .with Ills job.
, irfJ-w ffH V
"U- V.i. A3SJ-,S . -&4.i
DOLPHIN DEATH DOE
Coroner's Jury Holds In
quest on Victim of Cul
prit Fay Sinking.
That Alexander YrllowleKs cama to
his death as the result of an unavoid
able accident was the verdict returned
by the coroner's Jury this afternoon
In the case of the collision of U. S. S.
Dolphin and the motor boat Culprit Fay
Yellowless' body was found floating
in the river when the police boat re
sumed Its search this morning.
Seven witnesses were called by Coro
ner Nevltt in the case. The Jury re
turned a verdict after being out for
about one-half hour.
Sergeant Passano, of the Harbor po
lice precinct, was the first witness. He
told" the Jury of the finding of the body
about 9 o'clock this mornlnjr floating In
the Potomac, near Shephard's wharf.
Lindsay Tells of Collision.
John G. Lindsay, of 2120 M street
northwest, owner of the motorboat, de
scribed the accident to the Jury. He
said that, together with his son-in-law,
William H. Butler, and Yellowless. he
left the Corinthian Yacht Club about 9
o'clock. As he came abreast of Jones'
Point tho myriad of Alexandria street
lamps confused his vision, he said, and
he did not see the Dolphin until the
bow was about twenty feet away.
Butler's Story of Crash.
Butler, when called to the stand, said
that he and Yellowless were In the
cAbin at tha time of the accident. When
the crash came both were thrown to
the floor, and in a moment found their
way to th deck.
Butler told the Jury that Yellowless
cried to him he could not swim. Butler
did not know that Yellowless was miss
ing until told by Lindsay, after they
had been picked up by a boat from the
Lieut. Com. George W. Lajvs. com
mander of the Dolphin, was called to
the stand, and described the course of
the Dolphin as it proceeded up the
river with the pleasure party.
According to his statement, and that
of William B. Luckett, who was acting
as pilot, the Dolphin was holding a
straight course up the river and should
have missed the motor boat by several
The Jury sitting upon the case was
made up of John R. McLaughlin,
Henry Hagemann, William J. Gld
dlngs, S. Porter House, H. D. F. Long,
and G. V. Knox
Coroner Nevltt signed an order for
the release of Yellowless' body Im
mediately after tho verdict was re
turned, and it will be taken In charge
by an undertaker. Funeral arrange
ments have not been made.
The formal board of investigation,
which is demanded by the Navy De
partment, in a case of any accident
aboard a United States Naval vessel,
will sit this afternoon on the Dolphin.
The inquiry was ordered by Captain
Beatty, commandant of the Navy
Capt J. V. Chase will preside at the
Inquiry, with two other officers.
Incubator Lamp Sets
Fire to Owner's Home
Frederick PbUplitt's venture with in
cubator chicks cost him lust JI.200 today,
for the lamp In the artificial brooder
set fire to bis home, at 931 Florida, ave
nue, and nearly burned him out. The
damage to tho property is teslmated at
$50) and that to the furnishings at $700.
Three companies of firemen battled
for more than an hour Before the fire
could he extinguished. The flames
originated In the Incubator, which the
owner had in a small shed adjoining
his kitchen. The flames communicated
to the kitchen . .
V &ke ,tw
. 4yt. ,
0 AN UNAVOIDABL
SAYS EIGHT KNOWN VICTIMS
INDIANOLA, Neb., May 29. A disastrous wreck on the Burling
ton occurred early today, two miles west of Indianola, resulting In the
death of twelve persons and the injury of a large number of passengers,
some of them fatally.
The steam pipes burst on several of the cars, and many were badly
The Omaha and Denver baseball clubs were both on the train. Sev
eral Denver players were Injured, but none was killed.
Passenger train No. 12, eastbound, had orders to take siding at Red
wood, a small station. west of here, but came on east Passenger train
No. 9, running at fifty miles an hour, crashed into No. 12, and both trains
were ditched. The enginemen on both trains were killed.
OFFICIAL STATEMENT OF COMPANY.
An official statement from the general
superintendent's office In Lincoln at
noon said that eight persons were
known to be dead. The list of dead as
given out by the Burlington, follows:
A. A. Hlssabeck. Holdrege. Neb.; Rob
ert Shepherd, traveling salesman, Hold
rege, Neb.; Engineer John H. Hyder, of
No. 12, and his fireman. W. J. Dameron,
both of Lincoln; Engineer W. T. Lahey
and bis fireman, A. J. Olsen, both of
Lincoln; Express Messenger Frazer, and
Express Messenger Friar
Breaks Leg Jumping
Before Train Crash
BALTIMORE. Md.. May 29. Jump
ing for his life whn freight tngine
Vi 4 "ft " '. irio x aim Ortfo
railroad, "sldeswlped" a .derailed
freight car at St Denis, Md., this
FBOH BOLLET WOUND
Memphis Grocery Trust Buster Not
Seriously Hurt, Sa5
MEMPHIS, Tcnn.. May 29.-Duke C.
Bowers, who shot himself at his home.
2S5 Pallne street late Saturday after
noon while handling a revolver, will re
cover unless complications, not now ex
pected, develop, according to a state
ment made today by Dr. E. D. Fltchell.
The ball struck Mr. Bowers In the
cheek and forehead, and. while the
wound is painful, it is not of sufficiently
serious nature to confine Mr. Bowers to
his home for any length of time unless
complications should develop. Accord
ing to Dr. Mitchell, mere are no muta
tion of such trouble.
Owing to the fact that the only
persons In the room at the time, Mr.
Bower and his wife, are in no con
dition to talk, no definite details of
how the wound was Inflicted have been
given out When the near-tragedy
took place Mr. Bowers had Just arrived
at home from his office duUes and was
with his wife in his room. She was
busying herself with household affairs,
while downstairs were a little girl, an
uncle. A. J. Cook, of Texas, and her
grandfather, J. T. Glbbs, postmaster
at Dresden, Tenn.
The sound of a pistol was the first
IntlmaUon of anything wrong alike to
the wife, the daughter, and the rela
Peace Covenant With
Count von Bernstorff today called at
the State Department and told Secretary
Knox that he has been Instructed by
his government to ask for a copy of tho
proposed arbitration treaty already un
der negotiation between the United
States and Great Britain and France.
Secretary Knox complied with his re
quest and it la now announced that
formal negotiations are considered to
have been begun.
This application upon the part of the
German ambassador Is gratifying to the
United States in that It waa announced
at the State Department that the treaty
would be forced upon no nation, and
that any government interested would
have to request that negotiations be
There Is also reason to believe that
Japan will soon signify a desire to enter
up onnegotlatlons for such a treaty.
Boy Worker in Cotton
Mill Kills Companion
DANVILLE, Va., May 23. Sam Pru
ett, a thirteen-year-old whltp boy, is
now in Jail for the murder Of Frari
Mahan. Both boyB worked in tho cot
ton mills here, and Mahan reported
some negligence on the part of Pruett
Saturday. This caused the shooting.
It Is reported Pruett Intended to shoot
his foreman, but was arrested as soon
as he killed Mahan,
. . , . iS- -v
morning. Fireman A. H. DIehl, of 1401
Webster street, this city, sustained a
fracture of the left leg. Engineer L.
G. Rout, who stuck to his post when
the crash came, escaped uninjured.
It was shortly before 7 o'clock this
morning that a westbound freight
train on the passenger track. In stop
ping suddenly, "buckled" one of its
cars near the St. Denis curve, throw
ing It partly across the eastbound
The eastbound freight drawn by
engine No. 20, came around the
curve only a few minutes later and
when Engineer Rout saw the wreck
ed oar. It was too late to bring his
train to a stop. He stuck to h?3
throttle and Fireman Dlehl Jumped Just
before the crash.
The property damage wag. sllcht
and hf Inlur-' f.m was sent t Bal
timore on ' yf" '. 22 which left St.
Denis a.t T..M o'clock. He was sent
to the University Hospital; where the
fracture was reduced.
SAN FRANCISCO PARK
Others Thought to Have Perished
in Fire That Destroys Chutes
SAN FRANCISCO. May 23.-Thres
bodies have been recovered from the
ruins of the Chutes Amusement Park,
destroyed by fire early today with the
loss of J250.000.
It Is belived that further dead will be
found. The recovered corpses are those
of adults, but all are so badly charred
that It Is impossible to determine the
During the blaze, which started at
midnight. jVemen dynamited surround
ing buildings to prevent the flames from
spreading. Scores of animals in the
Chutes menageries were burned to
Four persons are missing. They are:
Fred Bottlnger, street car conductor.
Walker, sign painter.
Several were injured as the result or
being forced to Jump from windows In
lodging houses near the Chutes.
Bay State Savings
Account Law Upheld
The constitutionality of the Massa
chusetts State law of 1907, giving the
State trusteeship of all savings ac
counts for which no claim had been
made or which had not been added
to for thirty years, was upheld to
day by decision of the Supreme Court
of the United States.
The case was that of the Provident
Institution for Savings of Boslon
against the attorney general of Mass
IN CONGRESS TODAY
The Senate convened at 2 o'clock.
House not in session today. Will recon
Rules Committee decided not to order
investigation of the McNamara extra
The Committee on Expenditures in
State Department continued Investiga
tion. White House Callers.
Myers, Mont. Jones, Wash.
Smith. Mich. Owen, Okla.
Steneersson, Minn. Alexander,. Mo.
Crumpacker, Ind. Hamilton, Mich.
McCay, N. J.
Attorney General WIckersham.
General Harrison G. Otis.
Former Senator Burrows of MlbclgUfc
.. t- r