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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, April 17, 1914, Image 1

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THE BIRMINGHAM AGE-HE R ALD
r VOLUME XXXXHI_k_ BIRMINGHAM, ALABAMA, FRIDAY, APRIL 17. 1914 12 PAGES NUMBER *346
UNITED STATES ACCEPTS HUERTA
OFFER TO SALUTE AMERICAN FLAG
Apology For the Arrest of U. S. Blue
jackets Will Be Answered By
Salute From Ameri
can Battlers
AGREEMENT ENDS TENSE
SITUATION; CRISIS AVERTED
I
i ■■ ■ ■■
•No Further Orders Sent Vessels Now Steaming for Tampico,
But Many May be Turned Back—Wilson Agrees to Re
turn Salute Upon Advice of Counselor of State
Washington, April 16.—The United States government to
night accepted General Huerta's offer to salute the stars and
stripes as an apology for the arrest of American bluejackets at
Tampico a week ago today. The Huerta government’s salute
; to the American flag will be answered witli a salute to the tri
color of the Mexican nation.
This" arrangement, the details of which were being finally
arranged tonight in an exchange of official messages between
i Washington and Mexico City, ended, in the view of all high ad
' ministration officials, the crisis that had resulted in the dis
patch of American war fleets to Mexican waters. Executive of
, lieers and congressmen breathed a sigh of relief that the tension
has passed. b
f ixo lime hhn noon noI for tb<> ririnn
of the ftvlute anil until the detail* are
■ rrangril no further order* will be *ent
to the American fleet* now proceeding
aoiith. It 1* practically certain, how
ever, that while many of the vcnmcI*
will he turned hack other* will con
tinue Mouth and a MuliNtaiitlally In
creased natal force will he maintained
in Mexican water*.
{• Huerta's offer and request for a re
turn salute caused President Wilson
■ to ask for an opinion from the coun
sellor of the slate department and navy
! department officials. All reported that
it was the invariable custom in naval
1 practice to return a salute and cited
\ precedents. The President also was in
ti formed that Rear Admiral Mayo, on
s making: his original demand for a sa
lute, agreed to return the courtesy.
| AGREES TO MAKE
RETURN SALUTE
* Mr. Wilson said a return of a sa
| lute under such circumstances did not
involve recognition of the Huerta gov
ernment, but was merely an act of tin
Maine character as grasping the hand
of an individual who was , ologizing
as he extended ft. Secretary Bryan, too. .
took the ^ew that the American salute j
.would b£T?iven to the flag of the Mex
ican nation, just as much respected b\
the constitutionalists as the Huerta
government, and no technical rfecogni- i
I lion was involved.
Precedent in which the United States
returns the salute of other nations who
apologized to it were cited at the White
House and navy department and it was
generally agreed in executive quarters
that General Huerta’s compliance with
the American demand had dissipated a
tense situation. No orders to the Amer
ican fleet to change its course will be
given until the final details of the sa
lute have been arranged.
In less than 4 8 hours after Presi
dent Wilson had ordered the Atlantic
and Pacific fleets to Mexican waters
and had informed General Huerta that
unless a salute was fired to atone for
repeated offenses against the dignity
or the United Slates, there would be
serious consequences, the answer came
—a complete acceptance of the demand
of the Washington government.
I STORM CLOUDS
LIFT AT CAPITAL
Immediately there was a change in
the atmosphere of official Washington.
As the storm clouds lifted and a wave
of satisfaction spread through official
quarters, President Wilson arranged to
go to White Sulphur Springs, W. Va..
for the week end and Secretary Bryan,
who is ill. planned to take his long
delayed trip to Miami, Flu. Attention
that had been temporarily diverted
from the legislative programme turned
again 1o congressional routine.
The numerous happenings which led
to the aggressive stand of the Amer
ican government, the strong pressure
brought to hear at Mexico City by
Charge O'Shaughnessy and the diplo
matic representatives of other govern
ments, backed up advices from the
French and German ambassadors at
Washington, who learned from the
state department the serious Intentions
of the Washington government, all nad
brought shout a grave International
crisis. Congress showed its readiness
to stand by the administration and the
House committee on foreign affairs
passed a resolution upholding the Pres
ident's action.
While the President declared the fir
ing of the salute would close the Tam
pico incident, it will have no partic
ular bearing on the general Mexican
policy of the administration. Other of
fenses, such as the arrest of a mall
orderly at Vera Crus, have been apol
ogized for and the United States will
continue Its position of neutrality as
between the two factions contending
for the military supremacy of the
southern republic.
Incidentally the President, as well
as Mr. Bryan, In their conversations
on the situation, generally drew atten
tion to official reports they have re
ceived praising General Villa and the
constitutionalists for their treatment of
prisoners and foreigners In the bloody
(Continued on Pnge Eight)
E
HUERTA TO YIELD
France and Germany Active
in Showing Dictator the
Light — Developments
Rapid During Day
Washington, April 16.—Inquiry as to
the character of pressure brought on
General Huerta brought out the fact that
foreign governments had an active in
terest in the evens of the last 2l hours.
Both the French and German ambassa
dors, alter conferences at tb* rD
partment, were in communication, it is
understood, with their representatives in
Mexico City. Another phase of the situa
tion was a well-authenticated report that
the last installments of a loan due Huerta
was about to be held up by foreign bank
ers If he did not comply with American
demands.
Charge Algara of the Mexican embassy
here was In close touch by cable With
General Huerta, and every avenue of in
fluence exerted was in the direction of
convincing the Mexican dictator that it
was best to yield.
Developments of the day in rapid uc- I
cession showed that the pressure had had i
its effect. During the night lo.ig mes
sages came from Charge O’Shaughnessy,
describing his talks with Huerta. When
time only and emerged smiling,
they were deciphered Secretary Bryan j
hurried to the White House. Acting;
Chairman Shively of ihe foreign relations
committee, hapened to be waiting to see
thevf?res!dent and was called into confer
ence. They were together for a shor:
“Tlie situation is very encouraging, ’
said Secretary Bryan, but he preserved
silence as he went to confer with Coun
sellor Lansing about precedents for re
turning salutes. Mr. Lansing showed :hut
In each case on record a salute given as
un apology had been returned ir. 1S03,
when the Confederate cruiser Florida was
seized in the harbor of Kio Janeiro. Bra
zil. by a union vessel, Brazil demanded
apology and a salute. The Washington
government sent a ship to Rio especiallv
to salute the colors of Brazil and the sa
lute was returned. Other cases were cited
and Secretary Bryan communicated again
with the President.
“The situation promotes a solution." aa«d
Mr. Bryan afterward, “without more than
an exchange of communications."
The news of just what Huerta of
fered leaked out through other offi
cials and soon it spread throughout the
capitol. The feeling that the crisis was
passed removed the tension alrnos* in
stantly.
Withholding Comment
When the President received news
paper men later in the day he did not
make announcement of the Huerta of
fer. This wus generally interpreted to
mean that he was withholding comment
until the salute actually had been ar
ranged for. The President, however,
did refer to some phases of the offer in
directly. He was asked if a return sa
lute would be given should Huerta sa
lute the colors. His reply was that na
val practice showed the return of a
salute was an invariable custom.
Later the navy department Issue:! the
following statement on this point:
“If a national salute is fired as an
(Contlmed os Pas* Nile)
100 DYNAMITE CAPS GO OFF
IN YOUNG MAN’S POCKET
(Cullman Youth Probably Fatally Injured When Caps Explode,
Tearing Away Flesh of Upper Part of Legs and
Perforating Bowels Many Times
m ^ Cullman, April 16.-(Special.)-Ho\vard
Dorsey, a young man about 24 years of
Age, is nearing certain death from a hor
rible accident that happened hero yester
day when he picked up about 100 dyna
mite caps from some place and put them
I In his pocket.
As Dorsey was walking out on the
pika toward “Grand View’' the caps ex
ploded, tearing away the flesh of the
upper part of his legs and boweie, per
fecting-them a hundred times. He was
taken in charge by the county and
brought to a private boarding house.
Judge R. I. Burke looking after the case
lor the county. The physicians in charge
states there is not the slightest chance
for life. The mother of the young man
lives in Boas.
HE IS IN CHARGE OF
THE ATLANTIC FLEET
It—
REAR ADMIRAL CHAS. J. BADGER
Commander in chief of the Atlantic
fleet. He led the hig naval demon
stration which forced Huerta to agree
to apologi?
..
Mjjp.~
Testifies at Walters Kidnap
ing Trial — “Examined
Every Spot,” Declares
Self-Styled Mother
Opelousas. La., April 16.— Mrs. C. P. Dun
bar, one of the two women who claim
Robert Dunbar, the 5-year-old boy who
disappeared from his home here in 1912.
as her son, today testified in the trial
of \V. C. Walters, itinerant tinker,
charged with kidnaping.
That the hoy found in possession of
Walters at the time of ills arrest, and
now an inmate of the Dunbar home, is
her son, was the emphatic statement of
the witness.
“I knew him by his face, his form, ids
body. A mother's instinct told me it
was my boy. T examined every spot,
every mole. In my ecstasy at finding
him l kissed his feet," Mir. Dunbar testi
fied, as she described the seen a that en
Wu-d at C.tfthOT? f ,*ni*5V.. * srte Tiud'
gone for the purpose of identifying the
boy who had been taken from Waiters
there and held as the missing Dunbar
child.
Arthur Collins, a member of the jury,
asked the witness:
“Mrs. Dunbar, you wouldn't want to
take another woman's child?”
“No. no; not for the world, i wouldn't
want to make any other woman suffer
as 1 have suffered.'' was the quick re
sponse.
Mrs. Dunbar testified that after she
had bathed and dressed the boy. who
was soil stained from travel with the
tinker, she had shown him a pair of
shoes, duplicates of those her son had
worn on the day of his disappearance.
Without prompting, she said, the boy
bad asked if they were not his shoes.
“After he came home he asked for
his baby ring, and cried to wear it,"
she stated, and exhibited the golden
trinket to the Jury.
it ad .vi ole on fcar
Robert Dunbar, the mother testified, j
htul a pink mole tin iiis left ear and a I
round mole on a vein of his neck. Stic
said that lie had a sear on the left foot, j
[as the result of a burn sustained when i
he was 18 months old. The scar, she
said, had almost disappeared.
Mrs. Dunbar further continued her}
identification by relating various cir- j
< umstances which tended to show that i
the boy taken from the tinker recalled J
incidents of the past life of her son.
She said that on a visit to a neigh
bor's he had asked for a gun that Rob
ert often played with: that he had
asked for a big chair at an uncle a
| home that had been set aside for the
| use of her boy.
After the boy was brought to Ope
! lousas he had thrown his arms about
her neck and said: “You are my good
mother. Walters told me you were dead
and my papa threw me into a creek,’’
the witness testified.
While Mrs. Dunbar was on the stand
Julia Anderson, the other woman j
claiming ns her son the boy taken from j
Walters, remained at her hotel. In a j
statement today she declared she would 1
never surrender her claim to the boy. !
She will be a witness for the de
fense.
Is Cross-Examined
Mrs. Dunbar was cross-examined
briefly, and was on the stand hut 30
minutes.
“Walters sent for me on April 9
1913, and said to me: “This boy may or
may not be Robert Dunbar. If he is
there is a $6000 reward. Take him to
Opelousas and If he Is the right boy
you can get the money. If he is not,
bring him back and let me go my way
I in peace.’ ”
This statement was made on the
stand during the hearing today by
Charles A. Day, deputy sheriff of Hub,
Miss., who was a witness for the state.
Day resides nine miles from Colum
bia, Miss., where Walters was taken
into custody. Day was the arresting of
ficer.
Day testified that Walters had also
told him the boy was Julia Anderson's
son: that he had carried him away,
and had anticipated trouble from North
Carolina, but not from Opelousas. Julia
Anderson’s home was In North Carolina.
TODAY’S AGE-HERALD
1— United States accepts Huerta's offer
to salute American flag.
Execution of Leo Frank stayed.
Choate says treaty excluded tolls ex
emption.
Foreign pressure brought upon Huerta.
Mrs. Dunbar says boy Is her son.
2— _Henderson and Comer working hard.
3— Will locate Perry County High school.
4— Editorial comment.
5— St. Louis orchestra to come here.
Response pleases nursery board.
Ed tellls given five-year sentence.
To offer to build mile of paving,
ft—Society.
7—Sports.
ft—Blackfriars at the Jeffersijp.
#— Nothing wrong with our navy, says
Daniels.
11— Markets.
12— Senate vote on toll repeal close.
WHITMAN PROBING
TESTIMONY GIVEN IN
BEHALF OF GUNMEN
Eleventh Hour Fictitious Testimonj (
Will lie Thoroughly Investigated.
Witness Refuses to Say Who
Prompted Action
New York, April 16. -District Attorney;
Whitman hoped tonight to learn soon the
original of the fictitious testimony intro
| diiced on behalf of the four gunmen, slay
ers of Herman Rosenthal, in their final
plea to Supreme Court Justice Goff last
Saturday for a new trial.
Karl Dresner, one of the new witnesses,
was brought to the district attorney's of
fice today and questioned as to who in
duced him to prepare the affidavit sub
mitted to Justice Goff. This affidavit
and Dresner s testimony were admitted
yesterday by Dresner to be false. He
pleaded guilty to perjury and is in the
Tombs pending bis appearance before
the grand jury.
Dresner would not give the prosecutor
today the information sought, nor would
he tell whether he was paid to become an
eleventh hour witness. The prosecutor
let It be known tonight, however, that he
expects to break down Dresner’s reluc
tance tomorrow. Meanwhile detectives
are searching for William E. Harwell,
known as the "St. Louis Kid." of Water
bary. Conn., and Samuel Knlmanson of
Buffalo, who also were witnesses.
Charles Becker, It was learned today,
hopes to take the stand in his own de
fense when placed on trial for the second
time next month, on a charge of murder
ing Rosenthal by hiring the gunmen to
do the shooting. District Attorney Whit
man said he would welcome the appear
ance of Becker us a witness.
"Dollar John" Danger, a friend of Ros
enthal, may be called as a state s witness
against Becker.
MELLEN MAY HEAD
LABOR ORGANIZATION
Former Railroad President Said to Re
Offered Leadership of New
Federation
1 oston. April 16.—Charles S. Mellen, for
merly president of the New York, New
Haven and Hartford Railroad company,
may become the active head of a new
federated body with which 2,000,000 rail
toud employes are affiliated.
H became known today that Mr. Mel
lei had been approached on the subject
and that he is giving it favorable con
sideration. The new organization, to be
known as the Federated Council of Rail
read Brotherhoods, will be formed at a
meeting of delegates in this city April 26.
The idea of the council has been pro
moted by the Order of Railroad Station
Agents, which met here in January and
appointed a committee to Invite the many
Independent societies oT railroad men to
semi delegations to the forthcoming meet
ing. it U stated that favorable responses
w« re received and 100 delegates have been
elected.
At present there is no central body in
tli country ami the organization will
lie along the line of the English ami
German federations. Harry Phillips, dep
uty lord mayor of West ha in. England,
and assistant secretary of the Federated
T vimportation Workers of England, will
he present to aid lb the organization. The
etuncil will represent all brunches of tin*
service includbiv. ******* due tor engineers,
j fcrakeiu* 3imioi agents Neigh- huiid
j l**i e. telegraphers, signalmen and track
walkers.
PROHIBITION AGAIN
URGED IN SENATE
Amendment to Constitution Contain
ing Provision Advocated Before
Judiciary Committee
Washington. April IB.—Nation-wide pro
hibition under an amendment to the fed
eral constitution was advocated before
| the Senate judiciary committee again to
I day by prominent figures in the antl
saloon movement. The committee was
urged to report the SheppaJrd resolution
proposing a prohibition amendment, wit
nesses insisting that to allow state legis
latures to pass on the quest ion would be
but justice in view of the strength u#
the movement among the people,
i No action will he taken by the com
I mittee pending further hearings.
ATTEMPT TO BLOW
UP HALL FRUSTRATED
I Indiana, Pa., April 16.—Twenty sticks of
namite, with a lighted fuse attached.
I \ ere found today in the new hall of the
United Mine Workers of America at Iso
iin, near here. The fuse was extinguished
a tew Inches from the explosive. The at
tempt to wreck the building, which Is
pearing completion, was made at the
noon hour, while the men were at lunch.
There is no clew.
SURVIVOR TELLS OF
STEAMER DISASTER
j -
I Captain and Eight Members
I of Crew Lost Off New
Jersey Coast
New York, April 16.—The identity of the
schooner which went ashore in a gale
near Long Branch, N. J.. last night, was
established by UfeHavers at daybreak to
day as the Charles K. Buckley, from
Jacksonville, Fla., for New York.
The schooner is a tocal loss and Capt.
C. c. Hardy, his wife and eight members
of the crew, were lost while attempting
to launch a lifeboat.
One seaman, Emil Martinson, who re
mained on deck, was rescued soon after
midnight by being virtually lariated by a
line shot across the bow of the schooner
from ashore. He is badly Injured and
may die.
Life-savers rigged up searchlights on the
beach and shot line after line toward the
' cssel. The breakers 'rendered it impos
sible to launch a boat.
Martinson recovered sufficiently tonight
to tell of'the misfortune to his ship. When
It became certain the vessel was going
ashore, .said Martinson, Captain Hardy
picked out a sailor and ordered him and
the mate to save Hardy’s wife. Hardy
said he would stick by his ship.
The woman, the mate and the sailor en
tered the small boat, which, striking the
water, was swept away by a heavy sea.
The captain, two sailors and the cook
took to the rigging. Martinson lashed
himself to a mast. A line shot from
shore by the lifesavers, fell across the
snip; Captain Hardy, removing boots and
olkrs, made a leap for It but a wave
s\*ept him to his death. This same wave
dislodged and drowned the cook and one
of the sailors. When all had perished ex
cept himself, Martinson said, he decided
to venture Into the sea and try to gain
tbt* shore.
s .
THE EXECUTION OF
LEO FRANK STAYED
BY LEGAL ACTION
Two Motions Filed by Coun
sel in Effort to Save
Condemned Man
CLAIM CONSTITUTION
HAS BEEN VIOLATED
Absence of Frank When Verdict Was
Given Stressed—May Form Predi
cate for Appeal to the
Supreme Court
\tlnnta. \prll HI.—lOxecullon of l.eo .
H. Frank, the young factory superin
tendent* to he l»nnged tomorrow fnr
the murder of tlnry l*hHgnn. 14 yearn
old. was stayed by legal action today.
Two motions were tiled by counsel in
An effort to save tin* lif * of the defend
ant . who is the central figure in a case
ti.nt has caused national comment One
asks the annulment of the guilty verdict
on the ground that the trial Judge erred
in allowing Frank to be absent from
the court room when the verdict was
announced. The other asks for a new
[trial on the claim of newly discovered
evidence.
Arguments on both motions, which were
filed in the superior court, will he heard
by Judge Hill on April <2. This action !
of the court automatically stays the i
hanging of Frank until final action is
t tlien on the two motions.
Constitution Violated
Violation of the United States consti
tution is claimed by counsel for the de
fense in the action of Judge Roan, who
prfsided at the trial, in allowing Frank
to be absent from the courtroom when
the verdict was returned. It is believed
tnjs plea will constitute the basis of an
appeal to the supreme court of the United
States in case the state courts finally
dreide against a new hearing.
The motion for the annulment of the
\rtdlct was filed by attorneys who, here
tofore, have not been connected with the
defense. It raises the question of the
leva lil y of w aivers ot noth the defense
nod prosecution, which permitted the fac
tory superintendent to be absent front
tin- courtroom when the jury returned
its verdict.
Why Frank Was Absent
Absence of the defendant from the
courtroom was agreed to by the trial
juoge and two of the three lawyers then
associated with the defense. The third
de onye attorney urn v. nothing of the
plan, it Is said. Judge Roan, presiding,
is said to have suggested the absence,
and the attorneys for both sides agreed,
f* i ring violence to Frank in case a yer
d’-t of acquittal was returned and the
dtfendant was in court. The defense at
torneys also were absent.
The interpretation of the law made in
t!io motion t.o set aside the verdict holds
lite defense counsel had no right to agree
to Frank’s absence ut the rendition of
the verdict. It deprived Frank, the mo
tion asserts, of his right to counsel at
that time and deprived the factory su
perintendent of his legal privilege to be
In the courtroom.
Relative to the agreement on Frank’s
absence ut the time of the verdict, Sollci
tory General Hugh M. Dorsey, ehlef of tho
state s counsel, issued the following state
ment late today:
“Under the promise of Frank's attor
neys. R. R. Arnold and Luther Z Rosser,
that no advantage would be taken of it,
and over my protest to the judge against
pioceodlng under that promise. Judge L.
R. Roan, of his own motion, permitted the
accused to be absent from court when
the verdict was rendered.’’
Defense Statement
The two defense attorneys concerned
also issued a lengthy statement regarding
the agreement. After pointing out the
feeling prevalent against, the defendant
at the time of the trial, reviewing the
suggestion of the trial Judge and their
agreement to It, their statement says:
“Because of our participation in the
agreement with the Judge, as counsel, we
feel that we ougl.t not to take part as
attorneys in the motion to set the Judg
ment aside upon the ground of Frank's
absence. This case, however, is an im
portant one to Mr. Frank and we have no
right or desire to dictate to him what
he ought to do under the circumstances.
“The case is his, not ours, and it is
his life, and not our lives, which is at
stake. Frank made no agreement witli
the court and was asked to muke none.
If, as a result of what happened, lie has
been deprived of his legal rights, no fair
minded man can complain when Frank
asks the law- to correct the wrong done
him.
“The circumstances worked in the case
of this man a practical denial to him as
well as to his counsel of the \aluablo
right to be present, when the verdict was
received. This condition was brought
about by the unjust, excited and preju
diced surrounding which made it im
possible to conclude this trial witli legal
regularity.
“Under ordinary, sane conditions, no
such agreement would have been thought
of by court or counsel.
“The agreement was made and carried
out on both sides with the utmost good
faith in promotion of what was thought
to be in the interest of Frank’s safety
and public tranquility.”
Discredit Testimony
Affidavits included in the motion for a
new trial discredit, it is claimed, testi
mony given by James Conley, the negro
factory sweeper, who testified that Frank
killed the factory girl in the plant of
the National Pencil company here and
that he aided in the disposal of the body
In the basement. Conley is under sen
tence of one year's imprisonment as an
accessory after the murder.
Sworn statements also were Included in
which witnesses against the defendant
repudiated portions of their evidence, es
pecially that reflecting on the character
of the factory superintendent. Metiiods
used by the prosecution in preparing the
case against Frank also were attucked.
The body of the murdered girl was
found in the basement of the National
Pencil company’s plant on the morning
of April 27.
Authorities have failed to agree definite
ly as to whether death resulted from a
blow she had received on the head or
whether she had been strangled to death.
Frank was convicted on the first bal
lot of the Jury. The motion for a new
trial filed today was an extraordinary
one. A previous motion was denied by
the superior court and an appeal to the
state supreme court also proved futile,
the latter affirming the conviction.
BALTIMORE NOT
PLEASED BY FEDERAL
BANK SELECTIONS,
Hold Mass Meeting to Protest Against
“Injustice and Wrong*' Don?
bv the Federal Bank /
Committee
- / . i
Baltimore, April Iti. At a nuuL ni' din? ,
here last night, r- solutions w#/re adopted j
protesting ugainst “the • injustice and |
wrong done by the federal organisation I
hoard” in designating Richmond, Va., in
stead of Baltimore as taV sent of a fed- j
eral reserve hank in district No*. T>.
Major James H. Prokton. who presided.
Governor Goldsborouj&h and Waldo New
comer. president otf the Baltimore Clear
ing House association, made addresses.
Among the reason* given for a rehear
ing are the foljjRwtng:
“That in th# announcemen t of tltc
hoard s decisini controlling stress was
laid on bank lag statistics, when the fig
ures employe# were largely those of na
tional banks Lnly and not those of bank
ing as a whole.
“That In the announcement of the!
ever was attached to figures referring 10 j
trade and commerce and its movement, j
either In volume or value, although the (
law plainly suggests, If it does not ex- ,
plicity direct, that the board should have j
given first consideration to such move
ment of trade and commerce and the con
sequent flow of exchange.”
FIGHT AGAINST
CONFIRMATION OF
NEGRO AS JUDGE
Southern Democrats Keep Senate in
Executive Session for Over
Three Hours Without
a Vote
Washington. April D».-—Southern
democrats filibustering late today
against the confirmation of Ropeit II.
Terrell, a negro, as a municipal judge i
in the District of Columbia, kept the
Senate in executive session for more
than three hours without reaching a
vote.
Senator Vardanian of Mississippi said
he would continue the struggle until
the “last ditch.”
MRS. WAKEFIELD IS
GRANTED NEW TRIAL
Supreme Court Finds Error in Killing
on Evidence—StroiiK Fight to
Save Woman Made
Hartford, ('on.. April M. Ruling lliat
part of the evidence given l\v t'oroner
Mix iti her trial should have been ex
cluded the supreme court today found t r
ior in the conviction of Mrs. llessle .1,
Wakefield of murder In the tlrst degree
[and ordered a new trial for the woman
Mrs. Wakefield was (•Divided October
HI. 101”. Her trial had followed that* of
James Plew, who was put fb dcuth for the
crime on March -t.
Mrs. Wakefield anil Plew were charged
with having killed the womans husband
at the Wakefield’s home In Bristol l-Mew.
a farm hgTvd. was u frequent calhv at the
Wakefield home. The evident**? Indicated
that Plew on one of his visits started
a dispute with Wakefield, according *
plan that had been arranged by himself
and the wife, and Plew and the woman
chloroformed Wakefield. Plew then took
the man several miles Into the woods
north of Cheshire and killed him, accord
ing to the testimony.
Women’s organizations have made a
strong fight to save Mrs. Wakefield from
the gallows. Thousands of protests
against her execution have been received
by Governor Baldwin from all parts oi
the country.
COMMISSION BEGINS
BURKE INVESTIGATION
Colon, April 16.—The hoard of Inquiry
appointed to hear the evidence which
John Burke, formerly manager of tic
commissary department of the Pan
ama railway, has promised to submit
to prove his innocence of charges mnd»
against him in connection with the
commissary scandal, held its first »c.
sion today.
II Is understood Alt Burke submitted
documents to show that money depos
ited to Ills credit, amounting to a large
sum. had accumulated as a result of
legitimate business transactions and
that he produced evidence to show that
part of>y. was Inherited by his wife.
Death L ist May Reach
Twelve in Five-Story
Tenement Fire
New York, April 16.— Five persons wen
killed and four injured, one fatally, in a
1.t c in a five-story tenement building on
Kighlh avenue near Forty-seventh street,
early today.
Four charred bodies were carried out
of the building and one man was killed
by a fall in trying to escape over the
roflfs.
New York, April 17. Firemen aeu rolling
the building found four more bodies
shortly before 3 o'clock, making the total
death list at this time nine, with u possi
bility that it might reach at least 12,
according to reports then current.
KIRBY CHARGES NOT PROVEN;
J. P. CLARK IS RENOMINATED |
Democratic State Central Committee Fails to Find Irregulari
ties in Connection With Arkansas Vote—Decision f
Follows Investigation of Tally Sheets U
LJttl© Rock, Ark.. April 16.—By .1
vote of 22 to 5, tho democratic slate
central committee tonight formally de
clared United Slates Senator James P.
Clarke renominated. holding that
charges made by Judge William F
Kirby, his opponent, of irregularities
in connection with tho vote in Poinsett
county not proven. Judge Kirby was
granted the right to appeal to the state
convention* which meets in Pine iilulf,
Juno 3. t
The vote was taken shortly before
midnight Just before adjournment of a
session of the committee which began
at 9 o'clock this morning. After crutin
Izlng tally sheets, indicating the vote
oust In Poinsett county In the primary
of March 26. and other records from
that county, the committee declared thu
only discrepancy found was the failure
to credit Senator Clarke with one voto.
This vote makes his official majority
for the state 213 of approximately liii,
00 votes cast In the primary.
EXEMPTION OF ANY
VESSEL EXCLUDED
IN HAY-PAUNCEFOTE
TREATY SAYS CHOATE
Former Ambassador to Eng
land (Jives View on Pres
ent Fight on the Tolls
Repeal Bill
EQUALITY BETWEEN
U. S. AND ENGLAND
CONSTANT THEME
Statement of Former President Taft
Taken to Strengthen Side of Ad
ministration Fenders—Ne«
York Committee Will He
Heard Today
W Ii«ltIngtoii. \|irll in-Joseph If.
i \ merIciit» ititilinMMndor to Great
llritnlii «li.ring the negotlnt Ion of (lie
liny-Pmmcefote treaty* believe* oorrea
lionilem'e ollh (lie llrlllwb k«»\e*nm«-nt
nl (Itnl time preclude* (lie Idea (hot
\nierlcnn con*(wl*c shipping; enn be
exempted from pnilnn toll* Ibrough (lie
I'niiuimt cnnnl.
l,,onnpr President Taft, who signed
tho Panama canal act, containing t ho
exemption clause, thought that (u do
ing so he was granting a subsidy to
American coastwise shipping and be
lieves that unless Congress reverses It
self the United States will have to sub
mit the question to arbitration.
'Plies** points, both welcomed l*\ re
peal advocates, were brought out. to- \
day at the hearing before tile Senate
committee on interoceanie canals. Sen
ator Simmons introduced a transcript
of nti address delivered by Mr. Taft be
fore the Canadian club at Ottawa last
January, and Mr. Choate’s views were
submitted in a letter to llenry While*
secretary of the American embassy at
London, while Mr. Choate was n m has*
sailor, accompanied by letters add resiled
by him to Secretary of State Hay, ex
plaining the progress of tho negotia
tions.
Fxem pI ion Fxcludcd
Mi. Choate wrote that the corres
pondence "established beyond question
the intent of the parties in the nego
tiations that the treaty should mean
exactly what it says and excludes tho
possibility of ihe exemption of any Kind
j of of the United Mi a to©. Ivy * 1
tty .between the United States and
[(/rent Britain is the constant theme.”
Mr. Choate reviewed the attitude of
l*ord Lansdovvne by saying- that "ha
abrogated the Clnyton-Bulwar treaty,
gave us an American canal, ours to build
ns and where we lived to own, con
trol and govern, on the sole condition
of its being always neutral and free for
tlie passage of ships of all nations on
equal terms except that If we got into
h war with any nation, we can shut
its ships out and take care of our
selves."
Mr. Taft in his address declared that
"there are some hotheads that talk in
absurd tones about the right of tho
United States to manage her own canal
ami her own propert> as she likes, no
matter what she has agreed to, but this
is all froth. These are the cxplosl
vlstas.” He added that he had no idea
of breaking a treaty, but too question
was "what the treaty means."
Hr. Krnst ltiel ard of New York, pres
ident of the Herman-American Peace
society, and James Cowle of Washing
ton. I >. C., were the only witnesses be
fore the committee today. Hr. incli
ned declared the United States should
live up to treaty obligations and said
the only people to gain by coastwise
shipping exemption would bo ship
owners.
A committee of the New York Cham
ber of Commerce will in* heard tomor
row.
CARRIED MESSAGE
UNDER COMPULSION
Former KritiHli Consul ut Torreon
Tells of llursh Treat ment by
Villa
——— # &
|.;i Paso, Ti t., v,,rll Ml. It. S. f’u
nard-Cummlns. until recently British
vice consul at Torreon. who carried to
General Velasco General Villa s demand
| for the surrender of that city, reached
here today from the war zone.
Mr. Cunanl-Cummln*. who Is on hi*
way to Mexico City, confirmed newspa
per accounts that in* carried the mes
sage under compulsion and threats of
General Villa. He will report the in
cident to the British ambassador at
Washington.
An injunction to prevent the Texas
and Pacific rullroad company from re
I moving TO cars of Cotton shipped hero
from Torreon, was obtained iri federal
court here today by Jose Marla do
(llano and Alvaro Callega. Spanish sub
jects, who claim ownership of the eot
I ton and who declare it was confis
cated by Villa at Torreon, April 7.
Draper Will Filed
Worcester, Mass., April 16.—The will
of former Gov. Kben S. Draper, filed
for probate today, leaves $231,000 in
l public bequests.
■ •••••••••••*«**l**M****MI**l,>.,**(M***(tMtMMt,

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