The Billings gazette. [volume], May 05, 1908, Image 1

About The Billings gazette. [volume] (Billings, Mont.) 1896-1919

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VOL.x~w ILLIGS, ONTAA, TESDA, MA 5, 908
THAW GOES
INTO COURT
HEARING TO DETERMINE SANITY
OF SLAYER OF STANFORD
WHITE BEGINS.
IN POUGHKEEPSIE
Assistant ,District Attorney G1van
Attempts to 'Have Habeas Corpus
Hearrig Held in New York, But is
Overruled-Judge Will Sit in Me
tropolis to Take Testimony.
Poughkeepsie, N. Y., May 4.-Harry
K. Thaw's fight for liberty which has
been in progress almost every mo
ment since he shot down Stanford
White on the crowded Madison Square
°roof garden theater nearly two years
ago, was continued in the supreme
f court today. Twice tried for the mur
der, the second time acquitted only to
'' be sent to the Matteawan state hos
pital for the criminally insane, Thaw
now will endeavor to prove his sanity
and his right to complete freedom.
The proceedingly which began today
were based upon a writ of habeas
corpus taken out at the ,instance, of
the prisoner to procure his release
from the asylum. The wgit was issued
by Justice Morschauer at White Plains
on April 22, on application of James
G. Graham, a Newbourgh attorney. It
was made returnable before Justice
Morschauer in this city today.
Evelyn May Testify.
An interesting insight into Thaw's
matrimonial affairs, which have at
tracted much attention since his re
moval to the asylum was contained
in a statement given out by A. Russell
Peabody, one 'of Thaw's counsel, be
fore the opening of court today. Young
Mrs. Thaw, who had such a prominent
place in the two trials of her husband,
for murder, and who has begun suit'
for the annulment of her marriage to
Thaw, has not seen her husband in
more than two months. Mr. Peabody
said, however, that Mrs. Thaw has of
fered herself as a witness in her hus
band's behalf should her testimony be
necessary to obtain his freedom:. He
did not know whether it would be
necessary to call her to Poughkeepsie,
he said, but if he believed it necessary
as the case develops, she will be sum
moned.
Thaw to Take Stand.
Thaw himself undoubtedly will go
on the stand in his owi defense, Mr.
Peabody said. He declared that the
prisoner is willing to submit to any
examination the court or the district
attorney may desire as proof of his
sanity.
Thaw reached the courtroom at
10:45. He was in the custody or Amos
T. Baker, acting superintendent of the
Matteawan asylum and two attend
ants. Thaw looked rugged and well
and his appearance Indicated that he
had plenty of outdoor life at Mattea*
wan. He took a seat at the counsel
table with his attorneys and at once
entered into earnest conversation
with.Mr. Graham, who is in charge of
the habeas corpus proceedings. A
private detective sat behind Thaw and
was joined later by Roger O'Mara, the
Pittsburg detective, who helped in the
preparation of Thaw's defense. Thaw
acted nervously while waiting for
court to open.
Court Delayed in Opening
This was delayed until after 11
o'clock owing ,to. the'late, arrival of
Assistant District Attorney Garvan of
New York. In court were Warden
Flinn of the Tombs prison, New York,
and nine or ten other attaches, and
three chaplains for the same prison,
who had been summoned by Thaw to
testify as to his behavior while in
prison.
The opening of the hearing was de1
layed by a conference between 18s
trlct Attorney Mack of Duchess county
and Assistant District Attorney Gar
van of New York. Dr. Baker, the act
ing superintendent of the Matteawan
asylum, was called into the conference
at the conclusion of which Mr. Gra
ham formally filed his writ and re
ceived from District Attorney Mack,
his return writ. District Attorney
Mack then moved that the proceedings
be sent to New York county. ,
Mr. Mack said he was informed that
it would cost Duchess county $30,000
to have the proceedings tried in this
county. 'He thought it would be bad
for the taxpayers of Duchess county
if the precedent were established: that
such cases must be tried here.
Hearing May COet' $.000.
Mr. Garvan said that the trial would
involve sending commissions to Paris,
Monte Carlo .i.d other places in
rope. to obtain evideae as to Thaw'.
sanity. He argued that the ease
Mr. Wasn th ol' arynmle o" ;teiel fteUie ttm
of J~ mal in ' ral distri~,t ys a ev r, passed 'I)' th'/, r'ýtt l ,oJl '3 1 r \ 'atoli a wie
ofexepional'ýý'p ab5%iity, ý'`ir subjects ? ben largy otd'ý/." it hist ric| rF%'" grphýa
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M r.;:% Wa.ýtso,'%S the ;'f/r;r'ý;/":f<.}.fsý!: THOMAS E WATSON
,:;9fýýý,fJ eople; /r/'..:.t:, 00,11111CC Los iisstduii. ot the Un7'#%ited btts
was born'ý,;yrr in Clumia a in185 an serve inJ/ congressý'' :.;.>fiow 181) to 18
of mals i tota ditrct eve'?r pa+ýlfsc-d .ýby tb- bod r,`',iý;,r . a':'tu 1: , aiitite
naue h ot oe rhswrksar 7'11w >;'f,". /:.:: i'nuwu. lýte o
Napoleon sod:.: ¶ir i' 04' 'ih ota *eersouu.J S' :.: '1 y,;.; iui+;::J;suu. a.f
should be concluded under the juris
diction where it originated.
Mr. Graham opposed the motion. He
contended that the proceedings should
be tried under the statute in the judi
cial district where the habeas corpus
was made returnable.
"To spend $30,000 would be a waste
of the public money. It can be en
tirely regulated by the district attor
ney of Duchess county, as he must
audit the bills."
Justice Morschauer denied the mo
tion to transfer the hearing, but of
fered to sit in New York to hear the
people's testimony it both sides were
to consent.
Confine Thaw Ip Jall.
Mr. Graham raised the question as
to whether Thaw should be .coflined
iijring .the proceedings and the court
ordered him committed to the Duchess
county aill.
Thaw smiled with pleasure at the
announcement.
It was arranged to adjourn the pro
ceedings to Mat' 11, iroviding Mr.
Jerome can be here on that date.,
After the relators side had been
heard, Judge Moraschauer will sit in
New York to accommodate Mr. Jerome
and his witnesses. Adjournment was
then announced and Thaw was con
ducted to the jail floor of the court
house. He is in the custody of Sheriff
Robert Chanler, as the omfeer of the
court.
He will have a large room and his
meals wpl be served from a restas
rant. He can receive any visitors he
wishes to see.
TELEGRAMS PILED
EIGHT INCHES HIGH
.PU'BLISHERS TELL OF INCREASE
IN PAPER PRICE.
Washington, May 4.-An eight-inch
stack of telegrams from newspaper
publishers throughout the country,
telling of the increased cost of print
paper, was submitted today to the
special committee of the house in
vestigating that subject by Mrt John
Norris of New Yor* who occupied the
witness stand the entire day. Ampli
fying these telegrams Mr. Norris pre
sented a mass of facts and figures
substantiating the charges brought
against the International Paper com
pany by the American Newspaper
Publishers association.
The committee has practically de
cided to adjourn at noon of nest Fri
day and go to Palmer's Falls$ Sara
toga county, New York, tb Inspect the
mills of the Hudson River Paper com
pany and take testimony relative to
the cost of paper production.
Forty-six newspaper. publishers, Mr.
Norris informed the committee, have
telegraphed that they are .willing to
come to Washington and 'give testi
iiony. Chairman Mann. requested that
they .e informed of the :lie.thood of
a noon adjournment on Friday in
order that as many of them as possi
ble may appear and testify between
now and then.
The committee eadjourned fintil
morning.
COUNTESS DIES PROM WOUNDS.
Berlin, May 4.-Baroness Udo von
Rueleben, who shot,and killed her
huaband ana then shot herselft, in their
chateau at Beantienburg, Dortmund,
1on May 1, is dead.
WARREN CASE
IS CONTINUED
EDITOR OF'APPEAL TO REASON
TO BE TRIED NEXT TERM.
OFFER CAUSED ARREST
Noted Socialist to Be Prosecuted for
Offering Reward of $1,000. for Kid
napping of Governor Taylor by the
Kentucky Authorities.
Fort Scott, Kas., May 4.-On motion
of the government in the federal court
here today the trial of Fred D. War
ren, editor of the Appeal to Reason,
was continued until the next term of
court, which will be in November.
This is the third continuance re
quested by and granted the govern
ment.
Clarence S. Darrow of Chicago, who
was the chief counsel in the defense
of Haywood, Pettibone and Moyer of
the Western Federation of Miners, at
Boise, Idaho, appeared for Mr. War
ren.
The charge against Editor Warren
is based upon the mailing of a printed
reward of $1,000 for the kidnaping of
ex-Governor Taylor of Kentucky. The
Appeal to Reason made this sensa.
tional offer for the purpose of calling
attention to the decision of the Unit
ed States supreme court that the re
moval of the officers of the Western
Fedration of Miners from Colorado to
Idaho for trial was, not an ilegal pro
ceding. The paper's reward indicated
a desire to have ex-Governgr Taylor
kidnaped and taken from Indiana to
Kentucky, for trial for alleged com
plicity in the assassination of Gover
nor Goebel.
ANNA AND HELIE DELIGHTED.
Had Very .Nle Time p#. Rome lBe.
nuse Were Not IWtherid.
Rome,' May e.-Prlnee Selle De
Sagan and Mmie. Gould .d party leR
here today, ostensibly for Morerese
but it is thought they are going to
Milan. The prline and Mare. lould
expressed themselves as delighted
with their visit in Rome, because they
had not been made the objects of pub
lic curiosity.
CLEVELAND 18 BETTER.
Former President Improving, Says
Physilcian.
New York, May 4.-Doctor Joseph
D. Bryant, physician to. Mr. Cleve
land, said late this afternoon just
after he had been in telephonic com
munication with, Lakewood, that for
mer President Grover Cleveland was
getting along nicely and had made
considerable progress toward recov
ery.
GOLDFIELD FINANCIER DEAD.
Prominent Nevada Citizen Drops Dead
In the Street.
Goldfield, Nev., May 4.--Gerbrand
M. King, secretary and treasurer of
Boyer, Thomas & Co., of Goldfield,
dropped dead today. He was a well
known and influential resident. He
came here three years ago from Ross
land, B. C., and Was formerly connect
ed with the Merchants Bank of Can
ada and the Security bank of Minne
Apolls.
FOILEET
ADMIRAL WILL RESUiE COM
MAND OF THE'B1h ,'SQUADRON
AT MONT*REY,
SHIPS ARE UNITED
Battleships Cruisers and Minor Ships
Wait Coming of Commander Before
'Sailing Tomorrow on Journey to the
Golden Gate-Crowds Inspect the
Vessels Despite Storm.
Santa Cruz, May 4.-The Atlantic
battleship fleet was united once more
today, when the ihipp of the second'
squadron arrived from Monterey and
the flotilla of six destroyers joined it
from 'San'Pedro, the latter after one
of the stormiest voyages of the cruise.
The second squadron,`headed Iby the,
Alabama, flying the '~g of Rear Ad-.
miral Sperry, caith 'aross Monterey
bay, arriving at 5:30 this afternoon.
The flotilla came in at 1:30.
Admiral Thomas atonight moved
from the Connecticut, to the Minne
sota, although his flag of senior rear
admiral still flies at he main truck
of the former;.
The Connecticut is? to proceed to
Monterey at 6:30 in tie morning and
take on board Admiral Evans, who re
turns to resume active command of
the fleet. The, admiral will go aboard
about 9:30 o'clock and the flagship
will return at. once to Santa Crus, ar
riving here at about 11 o'clock.
No0 ceremonies whatever will attend
the return of Rear Admiral Evans.
When the Connecticul leaves port to
morrow the blue flag of admiral
Thomas will be run 'lown from the
main mast and he will hoist his red
pennant oit the Minnesota. As soon
as Admiral Eveus is aboard thA Con
necticut at Monterey he'will hoist his
flag as commander-in-chief.
Torpedo Fiotlla~in Storm.
The, torpedo flotilla fought every
inch of the' way from San Pedro
against a. strong head wind that
caused. big waves to. break over the
bows and wash the' decks from stem
to stern. The screens ,of the bridges
and every loose article about the
decks were washed away. Nearly
every man on: board was seasick dur
ing the trip. No serious damage of
any kind resulted, however.
The. flotilla came into the bay this
afternoon in signal column and steam
ing at full speed. As they ,passed
between the Connecticut and Kansas
on the way to short the steam whistle
on the beach began to screech out a
welcome to the little craft. They
proceeded well in' toward the beach
and' anchored a thousand yards 'from
the first squadron. Hundreds of peo
ple lined the beach and cheered the
crews of tte flotilla.
The hospital ship Relief also came
into ?the bay shortly, after noon to
day. She took on board a number of
sick from the different ships of the
fleet and will return to San Fran
eisco either tonight or tomorrow
morning.
Other Ships to Join Fleet.
Admiral Thomas has ordered that
she go to. Can Francisco in advance
of the fleet and put the patients
ashore, returning to Join the ticet out
side the bay at 9 o'clock on the morn
ing of May 6, or as near that hour
as possible.
The Yankton and the Glacier, the
only auxiliaries remaining with the
fleet, will accompany it-to San Fran
cieco. The Culgoa, Panther and
Arethusa, now at Sin Francisco, are
also ordered to join the fleet outside
of the golden gate. a
The Nebraska and Wisconsin will
also join the:,, Atlahti fleet at the
lightship on the night of May 5. The
former will take up her position at
the rear of the first squadron and the
Wisconlsn at the rearof the second
squadron in line ia iit -steams into
San Francisco bay. The. Paclfic fleet
will join at Angel island, as ordered
yesterday by Secretary Metcalf.
Thomas to Command, May 9.
Admiral 'Thomas will succeed Ad
miral Evans as commander-in-chief
on May 9. On that' day Admiral Evans
will haul dlown his pennant with a
salute of 18 guns from the ships. Ad
miral Thomas will ' receive honors
when his colors are broken out.
Admiral Thomas stated that he will
reside ashore during his Incumbe ny
as commander-in-chlef. He will ' have
his quarters at the Fatrmont hotel
with his family, maintaining eficial
headquarters on the Conneect.et,
where he wll So each day to attend
his duties. He will be sueceeded by
Admiral Sperry in ,command of the
l.eet a Mat 11.
several hundred school children
. ANTHONY HOPE.
Anthony Hope, whose novels are so popular with all readers Of tletlon,
had little success as a writer until he produced the "Prisoner of Zenda," where
upon-he came into immediate and lasting popularity. Mr. Hope Ikan ideal
writer of serial stories, for he is a master of the art of suspense. This never
has been more substantially verified than in his splendid s tory "Sophy o
K:ravonia." In this work he has returned to the field of romance, which made
him famous. There is such susperse between the chapters of reckless adven
ture, court intrigue, conspiracy and hairireadth escapes as to give'the story
that inexplicable charm which is the true condiment of romance.
irom Santa Orus visited the ships to
day on special invitation of Admiral
Thomas. They were taken off in a
whaleboat towed by the ships'
launches. About 200 members of the
G. A. R. from this and surrounding
cities also paid a visit to the ships
today.
The sea was very rough again dur
ing the afternoon and those on board
had difficulty in embarking in boats.
The fleet will sail for San "Fran
cisco at 3 p. m. tomorrow, arriving
off the lightship at the entrance about
9 p. m. They will anchor there until
the following morning.
ADMIRAL BOARDS CAR.
Prepares to Make Journey This Morn
ing to Join the Fleet.
Paso Robles, Cal., May 4.-Mrs. Ev
ans and her daughter .Mrs. Marsh,
left at 5 p'clock this evening for San
Francisco. The private car which is
to take Admiyal Evans to Monterey
reached here this morning. The ad
miral took his usual automobile ride
this afternoon, being accompanied by
Drs. McDonnold and Phillips. He
will spend the night in the car, which
will run as a special, leaving Paso
Robles at 7 in the morning. In this
car with him will be Dr. McDonnold,
Flag Lieutenant Train and Lieutenant
Evans. The run to Monterey should
be made in about three o~ours.
GOVERNMENT WANTS
HEARING ADVANCED
SEEKS EARLY DECISION ON HAR
RIMAN-KAHN APPEAL.
Washington, May 4.-In the supreme
court of the United States, a motion
was made today in behalf of the inter
state commerce, commission to ad
vance on the docket the cross appeals
of the commission and .' H. Harri
man and Otto H. Kahn, the latter of
the New York banking firm of Kuhn,
Loeb and company, in the cases in
which Harriman and .Ahn refused to
answer certain questions propounded
by the commission in 1906, in accord
ance with its inquiry into the alleged
consolidation and combination of rail
roads subject to the interstate com
merce law.
The questions covered a wide range
of operations and the United States
circuit court for the southern district
of New York, to which the matter
was submitted, directed the two wit
nesses to make.reply to all eqcept
those relating to the purchase of
stock by Harriman in anticipation of
the union Pacific dividend.
Neither party was satisfied with
this solution and both sides appealed
to the supreme court.
The motion to advance was made
by Frank B. Kellogg, C. A. Severance
and John H. Marble as. counsel foi
the commission. In presenting their
motion they dwelt upon its vast im
portance because of the public inter
ests involved.
IN HOUSE OF COMMONS.
Second Reading of Licensing Bill Is
Passed.
London, May 4.-The house of cam
mons today passed the second rAd
ing of the litensing bill iy a majority
of 246, and referred the measure to a
committee of the ,whole.
ELEVEN DlED
IN HOTEL FIRE
ALL BUT TWO OF THE BODIES
HAVE BEEN CLAIMED.
ONLY ONE IS MISSING
Destruction of Fort Wayne Hostelry
Brought Death to Many--Efforts to
Locate Traveling Man, FAutle
Believed, Ha Redrl.hed .x- ... i
Fort Wayne, Ind., May 4.-The body
taken from the Aveline hotel ruins to
day was the eleventh recovered. This
afternoon Dr. Hoffman, a dentist of
Auburn, Ind., identified thh body as
that of Frank C. Baxter,' an attorney
of that place, whose teeth Dr. Hoff
man had repaired two weeks ago. No
other bodies were found today.
All the other bodies but two were
claimed by friends today and most of
them were taken away during the
afternoon and evening. The injured
in the hospitals are all doing well ex
copt E. M. Matthews of Columbus,
Ohio, who, it is thought, cannot sur
vive over tomorrow.
One unidentified body is thought to
be that of R. B. Trible, a land agent
of Dalhart, Texas. It was at first
thought to be that of Charles Benja
min, a salesman of Detroit, Mich., but
Dr. Bosenthal, a physician, examined
the body 'today and said it was not
that of Benjamin.
The only persons known to be miss
ing are Benjamin and Herman Selig
man, the latter of New York. Belig
man had telegraphed to his firm that
he would be either in 'Fort Wayne or
Logansport Saturday and Sunday,
and telegrams f om Logansport state
that he was nS there. He always
stopped .at the Aveline hotel when in
Fort Wayne, and it is thought that
he perished.
Story of Fire.
The Aveline hotel was destroyed by
fire Sunday morning and today the
entire interior of the building is a
smouldering heap Qf ruins. Owing to
the fact that the hotel register was
consumed by the fire, there are no
acciirate means of determining who
are missig.
Besides the bodies identified today,
the known dead are:
R. S. JOHNSON, Pana, Ill.
M. HIRSCH. New York.
J. B. MILLER, Sheboygan, Wis.
J. E. ELLIS, employe of Carson,
Prie, Scott & Co.
W. A. PITCHER, salesman for S. F.
B'yser & Co., Fort Wayne.
G. W. DEVINY, salesman for Craw
ford & Lehman,.Philadelphia.
Discovered in Elevator Shaft.
The fire was discovered at 3:80 yes
terday morning in the elevator shaft
by Night Clerk Hopkins. He rushed
to the upper floors, alarming the
guests, until the flames, ,which had
spread with appalling rapidity, drove
him back.
Within a few minutes from the
time the ire was discovered the whole
interior was a mass of flames that,
f lled the corridors and azooms with
eauoeatings elod of smoke oan laid
(Continued on Fourth Pag..)
SUSPECT IS
ARRESTED
RANCHER BELIEVED TO HAVE
BEEN IMPLICATED IN AT- ..
TEMPTED HOLDUP.
ANOTHER INQUEST
Railroad Men Advance Theory That a
IBroken Iail Caused Wrecking of::
Burlington Train, So Coroner Wtill '
Investigate Further-Fireman Dies
From Injuries Received in Wreck.;
(Special to The Gazette.)
Butte, May 4.-In view of the grow
ing opinion that the wreck of the But'
lington limited Friday night' :,might
have been due to' other causes than ` il
the placing of explosives `upon the
tracks, Coroner Jesse Stevens, tods iay
announced that he would hold'a seo
ond inquest over the body of e.ri.g
Ehle, the ill fated fireman of the train, .. ',
who died from his injuries Sunda ,
morning, in the hope that new light r,
might be thrown on the cause of the -
wrecking of the limited. The coroner's ';
jury in the inquest Over the body of.:
Bussey and Ming founId to ~hetect
that "dynamite caused.t , Wreck. Not
a few railroad men, it appears, enter.
tain the belief that the disaster might
have 'been caused by a defective rail,
though this theory is scouted by those
who passed through the disaster.
Following Up Clews.
Spiecial Agent W. J. McFetridge of
the Northern Pacific detective force,
tonight said he had nothing to give
out, though Sherlff Henderson said he
expected that withiti several days
something would materialize from a
clew theyi ere following.
The mobt i[lmportant' developme nt
of the day was -the' capture here o,; .i
Lewis Ferris, a rancher' living near
the scene otr the ,s'ceit attempt to
hold up the North Coast limited on £
the Northern Paciflc near Welch's
Spur, on suspicibn of beingimplicat
Tdinth~eoutrage. He was shot `l3
leg while attempting to escape.
Ferris, who, Is wanted in Madison'
and Deer Lodge cointies on robbery
charges, had been suspected from the .'I
first. Today he came into Butte and
pawned a rifle. The police learned
at once that cartridges found beside
the track the night of the holdup
fitted this gun.
Sergeant Sinzel placed Ferris un
der arrest, but the suspected, man,
broke away and ran, whereupon the
officer fired at Ferris, hit him .in the
leg and brought him' down. Ferrls
refuses to talk.
Governor Offers Reward.
'Helena, May 4.--4overnor Edwinl
Norris today offered a reward of $500:;
for the arrest and conviction ,o! .the
person or persons who dynamited the `
Burlington train on the ,Northera Pa :'
c.le tracks near Butte Friday .night,
in which three persons were killed.
PARDONS BOARDITO
DISCUSS ORCHARD
PETITION FOR PARDON WILL BE
CONSIDERED TODAY. '
Boise, May 4.-The case of Harry
Orchard will be taken up by, the
Idaho board of pardons at a` special
meeting tomorrow.' Orchard's attor
ney will ask that sentence be com
muted, as recommended by Judge
Wood. It is believed that no one will
appear before the board to protest
against commutation of sentence.
WANDERER FOUND
DEAD IN HIS TENT
TRAVELER OF MANY STATES ':,
SHOT THROUGH BRAIN.
Reno, May 4.-William Dempey,
aged about 50, was fenold in a posture
ranch, with a bullet hole througlh: hi
of ease in his tent, clothed, 10 uileel
west of Sparks on, the McCarren'
He left a diary covering the lastt
three years of his life. It is written
intelligently, coherently and seems to
indicate he was being pursued by per
sons with instruments of trtur
Though he was dressed like' tramp
his appearance Lndl.ated iw wan :
man of refinement. 'an 1 t :at,
time poussuesas ooir e
His wanderlig3
itate in the'west a d.
National ba.uk of Bo. ;
deposit of bullion,