The evening times. [volume], February 28, 1907, Image 1

About The evening times. [volume] (Grand Forks, N.D.) 1906-1914

Image provided by: State Historical Society of North Dakota

                
', ,1 '«K,
VOL. NO. 50.
Ill NEW
Latest is the Charging of Mill
ionairess the Murder
ofi
UTTH WAS AH INVALID
Authorities Believe Mrs. Wallan Gave
Poison to Her Parent, Mrs. Binge,
to End Her Sufferings—The Theory
Advanced Is That of Euthanasia—
Family Has Battens.
t-MMI FNM Tha Bmbw Thm
New York, Feb. 28.—Were old Mrs.
Binge's days of torturing invalidism
shortened by poison administered by
a sympathetic hand—an act of mercy
that the patient daily begged from
daughter, doctor and friend?
This is the question that has fast
ened suspicion on Mrs. Binge's lov
ingly devoted daughter, Mrs. Lottie
Wallau, and placed 'before her the
prospect of a trial for murder. This
question, involving the oft-discussed
theory of euthanasia,, appears to be
the only motive for the alleged crime
that can be advanced. While the dead
woman possessed wealth estimated at
several million dollars the authorities
-admit that mercenary motives for a
murder are lacking.
Hie peculiar circumstances and
facts surrounding the case promise to
make it one of the most celebrated
with which the courts of New York
have had to deal in a long time. While
it lacks the sensational features to
rivet the attention of the puibllc at
large, the developments up to the
present time would Indicate that it
contains elements that will be closely
watched by the legal and medical pro
fessions throughout the country.
A Woman of Wealth.
The Wallau and Binge families are
related to several of New York's well
known families. Julius Binge, the
husband of Mrs. Binge, died about six
years ago. He was a broker in the
New York customs house, as well as
a lawyer. He was an expert on cus
toms duties and filed many claims for
overcharges. It is said that these
overcharges amounted to nearly
94,000,000, and that he received $1,000,
000 for his services. His chief case
was on the importation of hat bands.
The government hold that they were
manufactured articles, while Mr.
Binge successfully maintained that
they be admitted as ribbons, upon
which a much lower duty was collect
able.
Mrs. Lottie Wallau, daughter of the
dead woman, is the wife of Leopold
Wallau, a well known importer of
bronzes. The family. Including Mrs.
Binge and 20-year-old son of Mr. and
Mrs. Wallau, lived in a handsome
home at 68 Bast Eightieth street.
The Charge Against lbs. Wallau.
Mrs. Binge died on Feb. 6, three
weeks after she had undergone an
operation for cancer. Suspicion fell
upon Mrs. Wallau and following the
receipt of an analysis of the contents
of the dead woman's stomach, Coron
er Acritelll directed her arrest. On
Feb. 17 Mrs. Wallau was arraigned
before the coroner, charged with mur
der in the first degree In having
caused the dearth of her mother by
the use of poison. Chemists who had
examined the kidneys and liver of
Mrs. Binge reported that they had
found considerable quantities of bi
chloride of mercury present. Mrs.
Wallau was consequently held without
bail to await the result of the inquest,
which was held on Wednesday of last
week. At the Inquest Miss Devino,
a trained nurse who first called the
district attorney's attention to the
case, testified that she had suspected
poison and that she had found some
poisonous tablets secreted under pap
ers in the patient's room. Other testi
mony tended to show that the poison
might have been administered to Mrs.
Binge in'champagne.
The Unique Theory.
The theory of euthanasia is the only
motive so far advanced In connection
with the alleged crime. It was only
a few months ago that a prominent
philanthropist advocated the passage
of a law giving people authority to
cut short the life of a person who was
suffering from a painful and mortal
disease or Injury. From a humanitar
ian standpoint, the proposition was
generally indorsed. Almost the sole
objection to it was raised on the
ground that it would be abused and
a jury of medical experts would have
to be summoned in each case.
Did Mrs. Wallau, who was always
spoken of as a loving and devoted
daughter, resort to euthanasia to end
the misery of her mother, who hourly
prayed forv death. Experts say that
if ever there was a case where auth
anasia was justified it was Mrs.
Binge's. A cancerous growth was
literally eating through her whole
system. And, further than this, sev
eral of New York's ablest physicians,
including Dr. Abraham Jacob! and Dr.
William T. Bull, had passed upon the
case, and had declared that it was
only a matter of days before the pati
ent would die.
1
I
THE EVENING TIMES
The Brightest, Neweleat and Best
Evening Newspaper In North Dakota.
1
It the gatherings of lawyers and
physicians, witnesses and jurors, who
have attended the preliminary hear
ings are any criterion of New York's
sentiment, public sympathy is almost
entirely with Mrs. Wallau. If the
prisoner shortened her mother's days
of frightful pain, public opinion seems
already to have excused 'her, and, In
a great many* Individual instances,
goes so far as to actually justify her.
STBLElBiSSCFIPT
Sensation at Bismarck Today
Thru Disclosures—-Pro
hibition Whacked.
tlsmarck, N. D., Feb. 28.—A sensa
tion existed in the capltol today when
it was learned that certain stenogra
phers' notes and a transcript of the
house session had been Btolen. The
house appointed Graham, Tufte and
Burgum a committee to make a thor
ough investigation. The prohibition
law was amended toy the house re
ducing the fines one-half and eliminat
ing jail sentence.
Napoleon, N. D., Man Says
President Ordered Him to
Kill Alex Parvey.
Napoleon, N. D., Feb. 28.—Alleging
that he had received a message from
President Roosevelt commanding him
to do eo, Oscar Iiledanen, living in the
eastern, part of this county, went to
the home of Alex Parvey, a neighbor,
called him to the door and .fired two
shots with a revolver. Both shots took
effect in Parvey's abdomen Inflicting a
dangerous wound, hut not at the mo
ment disabling him.
News of the shooting quickly spread
and a posse of neighbors went to Hie
danen's house and placed him under
arrest, he making no resistance.
While the man is charged with as
sault with a deadly weapon, it is ex
pected that his sanity will be inquired
into. He insists that President Roose
velt has been in correspondence with
him and that he had been ordered to
kill Parvey.
APPEAL TO ROOSEVELT.
Cincinnati, O., Feb. 28.—The contrac
tors association of the United State3
has appealed to President Roosevelt
in an effort to obtain relief from the
law which imposes a limitation of
eight hours a day for work on govern
ment contracts. That fact developed
here today during a discussion con
cerning the Sheridan-Kirk company,
which has the contract for building
a dam in the Ohio river. The Sheridan
Kirk company was convicted in the
federal court here of a violation of
the terms of the eight-hour law. A
strict application of the law, it is
claimed, operates to make work on
government work comparatively un
desirable for laborers, because they
are able to obtain better wages else
where, where the eight-hour limit is
not effective.
(Bjr
HOUSE PASSES THE SENATE
But Changes Experiment Sta
tion to Williston and Gives
Deaf School More Coin.
George Davis.)
Bismarck, N. D„ Feb. 28.—The house
has passed the senate appropriation
bills, carrying in all $1,950,000, which
amount Is $100,000 less than the esti
mated income of the state for the next
biennial period.
A bill has been introduced in the
house making the terms of office of
state railway commissioners six years.
The principal changes made by the
house in passing the senate bills are
those making the location of the ex
perimental station at Williston instead
of Hannah, and increasing the appro
priation for the state deaf and dumb
school about $8,000.
KILLED COMRADE
1 TO
New Orleans, La., Feb. 28.—Unless
there is unexpected interference on the
part of the governor or the courts,
New Orleans will have a legal hanging
tomorrow. The condemned man is
James Ray Hogan, and the crime for
which he is to pay the death penalty
has been considered one of the most
atrocious on record in this city. His
victim was Christopher Brigtsen, a
stave culler. According to Hogan's
confession he and Brlgtsen were drink
ing the day of the murder, Nov. 15,
1905, and the killing resulted from
Brlgt8en's refusal to buy another driuk.
f^'*,:
rt: v. ^v-
GANNOT FINISH
TRIAL THIS
WEEK
Thaw Defense Will Need Part
of Next Week to Perfect
Its Case.
BECMBE OF L0N6 ORMHI
MIT
CRDSS-EXAMIHATION
Dr. Evans, Alienist, Occupied Stand
AH Morning—He Believes Thaw
Was Insane When He Wrote Certain
Letters Which Have Been Ad
mitted In Evidence.
isMdrtri
Pnh
The Bvealas Tfaaea.
New York, Feb. 28.—District Attor
ney Jerome today continued his cross
examination of Dr. Brltton D. Evans,
one of the alienists for the defense,
in the trial of Harry K. Thaw for
the murder of Stanford White. The
entire morning was taken up with
questions concerning details of certain
of Thaws letters which have been ad
mitted in. evidence. Dr. Evans would
examine the letters closely from time
to time, and Jerome was obliged to
repeat some of his interrogations
many times before securing what he
considered a definite answer.
Dr. Evans said the letters denoted
Thaw was insane, at the time he wrote
the letters, but "that he would not al
ways remain Insane," the expert ad
ded.
There was only a half hundred spec
tators In the courtroom when the pro
ceedings began today, and (half of
these had left by the time luncheon
recess was ordered. The long drawn
out cross-examination of Dr. Evans
precludes the possibility of the de
fense concluding its case this week.
New York, Feb. 28.—Dr. Evans was
recalled when court reconvened, and
his cross-examination was resumed
by Jerome. When the court adjourn
ed last evening, Dr. Evans was given
copies of letters which are in evi
dence, as well as the will and codicil,
that he might be prepared for the
cross-examination on this theory that
the documents contain evidence of an
unsound mind.
Jerome spent twenty minutes in an
endeavor to have Dr. Evans say he
had "carefully" read the documents.
He would only go as far as saying
that he done the best he could.
Dr.Evans finally stated that several
of the letters bore no addresses and
were therefore of little use in his at
tempt to discover whether the writer
was of sound mind.
"Did any of these letters show that
(Continued on, page 4.)
IITYPHOIDEPIDEMIC
Sixty-five of Crew of Battle
ship Connecticut 111 With
Dread Disease.
IntdiM
PNM
to The Ereilig Time*.
New York, Feb. 28.—Battleship Con
necticut, of whose crew a large num
ber contracted typhoid fever while
cruising in West Indian waters, ar
rived here today. It has been report
ed that 65 members of the crew were
stricken with the disease and of these
15 were in a critical condition. All of
the sick men will be landed at the
navy yards today and transferred to
the naval hospital there.
When a man refuses to let his wife
trim his whiskers she begins to sus
pect that his love is growing cold.
EOF
Hogan was found next morning, his
clothes covered with blood. He was
placed on trial April 23, 1906, and was
convicted three days later. He was
sentenced to be hanged last June, but
was granted a respite. In November
the supreme court denied his applica
tion for a new trial. He then sought
to be declared insane, but a commis
sion appointed by the court declared
he was of sound mind. A .plea for a
commutation of sentence was equally
futile, and a month ago Governor
Blanchard fixed upon tomorrow as the
date of execution.
A SOU
ARB DEAL FOI AIL
THE EVENING TIMES
GRAND FOBK8, N. D. THURSDAY, FEBRUARY 28,1907.
WERE NOTABLE
TO ENFORCE
LAWS
Report .Made By Railway Com
mission to House Raises
Storm of Debate.
SOflLEf MID THE GOVERROFI
DOUBLE-CROSS DEM.
Question of One's Word Against the
Other—Commissioners Demonstrat*
ed Among Other Things That They
Knew More Law Than the Author
of the Probe Resolution.
Br ieorce
Davla.
Bismarck, Feb. 28.—The meeting of
the house to hear the report of the
railroad commissioners proved two
things conclusively. One Is that the
commissioners' have not been able to
enforce the present law relative to the
regulation of railroads and the other
is that the house leaders attempted
to make some cheap political capital
out of this condition. It is not nec
essary to defend the commissioners.
They may have been derelict in their
duties so far as looking after the de
tails of the work is concerned, but
they put some of the self appointed
guardians of the public for political
purposes in a hole repeatedly. Rep
resentative Sorley of Grand Forks
who was looking out for a change to
get a speech in edgewise stated that
the law required the commission to
make a report on certain matters and
that he had gone to the governor's of
fice and had not been able to find the
report and suggested that this was
one of the things in which the com
mission had been derelict. Chairman
Deteem of the commission who was
in the house, stated that the report
had been made and governor Sarles
declined to have the report printed
because there were no funds for the
same. The matter therefore took the
shape of a question of varicity between
Sorley and Deisem or the governor
had hidden the report so that it could
not be found. The fact is that Mr.
Sorley came to Bismarck just a few
days before the close of Governor
Sarles' term, and while he did not so
state, it is reasonable to infer that
during the fight for control of the
house In which Mr. Sorley was a
prominent figure, he did not give much
attention to serious matters and it is
presumed for the purpose of this ar
ticle that he called upon the governor
after the present incumbent had as
sumed the duties of his office. If that
is true, there would seem to be nome
foundation for the statement he made
that he could not secure the report.
If he called and could not get the re
port it must have been because the
governor kept the report in the back
ground. There the matter lies be
tween the governor and Mr. Sorley.
Representative Streeter made one
of the most sensible talks of the en
tire session when he stated that he
for one was not in favor of bringing
any set of officers before the house to
have them made monkeys of. He
realized that questions could be asked
the commissioners which they could
not answer off hand, and he suggest
ed that Messrs. Casey, Sorley and
Twitchell be appointed a committee
to reduce to writing the questions
which It was desired to have the com
missioners answer and give them un
til the following day to do so. This
motion was amended so as to allow
the commission to send for persons
and papers and to examine witnesses
under oath, but it was lost.
Representative Garden who had got
ten a golden opportunity to get in the
lime light, sought to show the com
missioners how to run the railroads.
It is stated, that he has strong social
istic tendencies politically. He got
in on the tower of able business which
marked the larger portion of the so
called debate, until Mr. Ueland, the
democratic member from LaMoure
county who was in the chair, ruled
that under the resolution which had
been introduced by Mr. Garden and
under which he was trying to get the
commissioners to answer his ques
tions, these officers were not required
to answer. This proved one thing—
that the commissioners knew more
law than did the author of the reso
lution, and with that ruling the hopes
of Mr. Twichell, Cns^v and Sorley
who were fighting hand in glove, went
to the bottom of the sea. This was
the contention of Mr. Deisem during
all the debate, that the commissioners
had made a report in response to the
resolution and that having made that
report, the house could not require
them to submit to an oral catechism.
it showed that the commission
ers were not only far better post
ed than he but they knew far more
law.
Major Buttz did not neglect the op
portunity to rub It into the members
that, they had no knowledge of what
it cost to build, operate and maintain
a railroad and had therefore voted in
the dark on the two cent rate bill. He
contended that while the commission
ers did not know anything about the
(Continued on page 4.)
Comptroller Mahl Gives the
Lie to Sworn Statement of
Harriman Himself
WITH REFERENCE TOm
IN6 OUT HIMffiHL STATEMENTS
Oral Arguments Will he Submitted at
Washington Sometime in April—
Question of Compelling Railway
King and Otto Kahn to Answer Cer
tain Questions Not Decided Yet.
New York, Feb. 28.—The interstate
commerce commission today concluded
its New York hearing on the investi
gation of the operations and relations
of the Union Pacific system and while
there will be oral argument heard at
Washington on an April date to be de
cided later, the testimony has probably
all been taken. There has been no
decision yet as to an appeal to the
courts to $ompel Edward H. Harriman
and Otto Kahn to answer many impor
tant questions declined by them, but
the question will be considered after
the commission returns to Washing
ton. The closing hours of the hearing
brought the statement from Controller
Mahl that the financial statements
were not sent to the Southern Pacific
stockholders for several months be
fore the dividend meeting in July 1,
this in contradiction of Harriman's
testimony.
When the interstate commerce
commission resumed Its inves
tigation of the Harriman lines
today, it was with the undertsanding
that a few hours would conclude the
hearing. It was said by counsel for
the government today that no steps
had yet been taken to place before the
courts the question raised by the re
fusal of Harriman and Kahn to answer
certain Inquiries relating to individual
holdings of stocks. Kellogg, of the
government consuel, said he was not
prepared to state what action would
be taken in this matter. Before the
hearing began it was said that, con
trary to expectations, William T.
Rockefeller would not be called to
testify regarding the alleged sale to
him by Harriman of 300,000 shares of
Wnion Pacific at the time of the so
called Keene raid in 1903.
Samuel Felton, president of the Chi
cago & Alton, since 1S99 was called
to show that about $1,000,000 from the
income as against the proceeds from
the sale of securities was included in
the statement that showed that $22,
000,000 had been expended in improve
ments.
Free Fight in New York Saloon
Today Resulted in Murder
and Injury.
Aaaodated Press to The Bvealas Times.
New York, Feb. 28.—One man is
dead, two others have serious bullet
wounds, and three men are under ar
rest as the result of a free fight in a
Third avenue saloon today. Michael
Galle, the dead man, is said by the
lKilice to have been prominent in
the Black Hand society, and the the
ory is that the murder was in the
nature of an act of reprisal, for a
breach of confidence on his part.
Some are born to greatness and
some acquire stock in the Standard
Oil company.
New York, Feb. 28.—Jews every
where celebrate the Feast of Purim
today. It marks the anniversary or
King Ahasuorus' order rescinding the
edict for the killing of the Jaws and
overthrowing the plans of Haman for
the destruction of the race. Through
the efforts of Esther the King issued
the order, and gave the Jaws per
mission to defend themselves when at
tacked.
The race was preserved by this or
der, and the people have celebrated
it ever since, covering a period of
2,400 years. The celebration has not
MICHIGAN DEMOCRATS MEET.
Flint, Mich., Feb. 28.—Michigan dem
ocrats assembled in state convention
here today and were called to order
shortly after 10 o'clock this morning
by Chairman Winship of the state cen
tral committee. The work of the con
vention is to nominate candidates for
justice of the supreme court and re
gents of the state, to be voted for at
the spring election.
IMEIFMOT
House Committee Report on
Normal School Was
Adopted Today.
(By George Davla.1
Bismarck, .V. D., Feb. 28.—The re
port of the house committee for the lo
cation of a normal school at Minot was
adopted by the house today, after a
motion to substitute the name of Rug
by had been defeated. The vote was
41 to 36 on the adoption of the commit
tee report.
Talk is cheap, yet some people use
extravagant language.
Washington is Entertaining
Several Residents of the
"Flickertail State."
(Bjr E.
DEVILS LAKE OFFERS TRACT
c.
Snyder.)
Washington, D. C., Feb. 28.—Ex
State Senator Lyman R. Casey of
Jamestown, N. D., is in Washington en
route to New York from which port
he sails for Europe next week. Mr.
Casey will put in several months In
European travel.
C. J. Maddox of New Rockford, N.
D., is in Washington on business be
fore the interior department in regard
to certain attorneys fees growing out
of cases of the Turtle Mountains In
dians.
A. O. Ringrud of Elk City, N. D.,
who has been in Washington several
days, left for home tonight. Mr. Ring
rud formed one of a committee which
annually visits the United States mint
at Philadelphia to take stock and
check up officially and report upon
amount of gold and silver bullion on
hand.
THE BROWXYILLE INQUIRY.
laaaelated Preaa to Tke Bralai Times.
San Antonio, Texas, Feb. 28.—Cap
tain Macklin continued on the stand
Wednesday in the Penrose court mar
tial under direct cross-examination.
He told of finding the Springfield
rifle shells at the mouth of the Gow
ens alley on the morning after the
affair. He testified that he showed
these to Major Penrose. The witness
related several incidents which hap
pened before August 13, and said
these might have arouse resentment
on the part of the soldiers.
Lieut. Roger S. Filch, first cavalry,
joined the court as assistant to judge
advocate.
Strong Lobby of Citizens From
Satanic City at Bismarck
For Miller Bill.
(Bjr George Davla.)
Bismarck, N. D., Feb. 28.—A strong
lobby of Devils Lake citizens, among
them Joseph Kelly, president and gen*
eral manager of the Farmers' Rail
road, Ex-Senator Hale and C. A.
Dodge, a prominent real estate man, is
here for the purpose of boosting the
Miller bill which provides for the re
moval of the state fair to Devils
Lake.
An offer of a suitable tract of land
and $40,000 has Ijeen made. The Com
mercial club of Devils Lake is behind
the scheme, as well as practically all
prominent citizens, and a fight is
brewing.
FEAST OF PURIM, MERRIEST OF ALL
TODAY BY JEWS
the religious sentiment which marks
so many of the Jewish holidays. In
ancient itimes the anniversary was
celebrated by giving dances, especially
masquerades, and this custom has
been continued to a large extent by
thousands of Jews. One of the pre
scribed customs is for the assembling
of the family in the- morning and
evening, when the Book of Esther is
read and there Is a general exchange
of presents. It generally is made the
merriest of the Jewish holidays mark
ing. as it does, the preservation of the
Jews.
'. ,('•
W
EIGHT PAGES—PRICE FIVE CENTS.
i-'-f.!,-'- 5
,»•.
a
-ft? 4
THE EVENING TIMES
Stands for North Dakota at All Timet
and Under All Circumstances.
SHARPE BILL, A
DERELICT.
House Amends Primary Meas
ure Out of All Recogniton,
Then Accepts It.
MMNEn OF ELECTION OF
owe STATES SENATORS
State University Batted In the House,
Likewise "Johnnie" Anderson—Sen
ator Taylor Almost Alone In Senate
—Bills Sent to Bone-yard—Insnr
ance Bills Recommended to Pass.
(Bjr
Georga Davla.)
Bismarck, Feb. 28.—The Sharpe
primary bill was passed in the house
so completely changed that even its
author would not recognize its mean
ing. It passed the senate several
days ago, taking the place of the Sor
ley bill, which was considered too
weak and too uncertain to be given
serious attention for the purpose of
enacting it into law. Some of the
features incorporated In the hill in
the house were such as should con
demn it in the minds of all reason
able republicans so far as these
changes were concerned. It was a
measure that certainly pleased the
democratic leader, Mr. Casey, and
well it might for it in principle put
into the bill the very measure which
he sought to have openly enacted into
law in the early days of the session.
More than this. It was in some fea
tures a remarkable endorsement of
the White primary bill which was
turned down by the committee on
privileges and elections during the
time that the primary law was un
der discussion, and is really another
evidence to any thinking man that
in time the principles of the White
law will become the primary system
of the state or else the primary idea
will be relegated to the political
scrap pile.
The discussion of the bill came in
committee of the whole during the
session of the afternoon when the
bill was amended. The principal
change was in the manner of select
ing United States senators. The bill
when it came from the senate pro
vided that the selection should be
made by the people at the primary
election to be held under the provi
sions of the bill. The person receiv
ing the highest number of votes at
this election should be the candidate
of his party before the legislature and
provisions were made for binding the
members of the legislative assembly
morally to support such candidate,
or else permit their constituents to
know they would not do so before
the two candidates for United States
senator having the highest number
of votes at the primary election shall
have their names placed on the ballot
at the general election and be voted
for at that time, the person having
the highest number of votes at the
general election to be the candidate
of the party to which he belongs in
the legislature. This provision opens
the door to more political fraud and
unscrupulous political combinations
than any political methods that have
ever been used in this or any other
state. Not only that, but it makes
provision for a combination between
the defeated faction of the majority
party and the minority party to force
an under-able and weak candidate on
the party and the state. To illus
trate. The Sharpe bill had wisely
thrown around the primary election
the protection which kept every man
in his own political barnyard by re
quiring him to vote the ticket of his
own party. Now if one faction of the
majority party is defeated at the
primary election and that members
of that faction have no more honor
and political principle than had the
Grand Forks Herald and its adher
ents in the late election, they would
combine with the members of the mi
nority party in the general election
and force the weakest candidate upon
the people so that the faction which
was defeated would be able to profit
at the expense of the state. This
was not so honest as the method pro
posed by Mr. Casey, but it gets pretty
close to the ends which he sought.
Then again if there were a dozen
candidates in the republican party,
one of whom was sufficiently strong
to secure a plurality of the party,
the other eleven candidates could
agree among themselves in advance
that the one receiving the highest
number of votes among them should
have the entire support of all In the
general election, so that they would
be able to force a man of small stand
ing upon the party. It will place the
election of United States senators up
on the bargain counter and allow it
to be handed about to the most un
scrupulous politician.
The majority leader was repeatedly
put Into a hole by the proposal of
amendments which were proposed
and which while voted down, showed
the absurdity of some of the positions
the leader has taken in the matter.
Among these was a proposal from
Continued on Page 4.)