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VOL. XXXII, NO. 105. CLAIM POLYGAMY IS DISAPPEARING SO SAY WITNESSES IN SMOOT IS HEARING SENATOR ENTERS A DENIAL Mr. Whltecotton Says That No Men In the State or Out of It Stands , Better Morally Than the Defendant By Associated Press. WASHINGTON, D. C, Jan. 13.— Three witnesses for the defense in the Smoot case today testified that polygamy was dying out in Utah so rapidly that there was no need of pros ecution. It 'was declared that the younger Mormons are all opposed to polygamy, and that if they thought It was taught there would be a revolution In the church. It was admitted that Senator Smoot got the consent of the church to become a candidate for sen ator,, but only In the form of a leave of absence from his church duties, and it was declared that he could hav<s been nominated and elected without it. J. W. N. Whitecotton, an attorney of Provo, Utah, resumed his review of political affairs in Utah when the hear ing' opened today. No effort was made by, the church, he said, to restrict the political liberties of the people gener ally, or of any Individual?, but it claimed the right to receive the time and energies of men who have been elected to important church offices. The deduction he drew was that the church ■ did not try to prevent its members from engaging In politics without the consent of the church, but that when certain members accepted important church offices the church had a' right to prevent such members from accept ing other offices that would take their time. Mr. Whitecotton said he never ■ had seen any difference In business be tween Mormon and Gentile, but he thought the Mormon voters adhered .more closely than the Gentiles to their party affiliations. ,'. .. \ " "I think the decided sentiment of the Mormon people in Utah is ' hostile to polygamy," said Mr. Whitecotton. ;■• • No Polygamists in Office , ■.-■< .< <* * .*-. Speaking, of the character of. stats officers, . Mr. . Whitecotton < said there had not been a polygamist elected since statehood. . ■; • . "What would j be the j effect socially and politically on an official who. in stituted proceedings In prosecution of a polygamist?" asked Attorney Vail Cott. /•'.'.".'• ■.■'. '. ;. ■ "It would make no difference in his standing in the community." . "What would be the effect if he came up for office?" ;■ . . . "It probably would help him in his vote. It would be felt that he was a man of courage and had nerve to go ahead and do his duty," replied Mr. Whitecotton. Chairman Burrows asked why it re quired "nerve" for an official to do his duty, and the witness explained this by giving the condition in which such' prosecutions would leave women an i children. . "What is the sentiment in regard to the polygamous families?" asked the . chairman. The witness replied that, "it was an awful ■ condition." "A lawful condition, you say?" in terrupted the chairman. "No, an awful condition. One that we wish that we were out of and we do not know how to get out," said Mr. Whitecotton. ' "Then these people, these polyga mlsts, are left without interference," remarked the chairman. Mr. Van Cctt asked when Senator Smoot first took an active part in poll tics in Utah. £ | "He was in politics when- I went to Utah. He was in the People's party." "After the division came what part did : ho take?" Had Republican Heresies . "Well, he had ' some Republican heresies and- he joined that party. He .was in the woolen mill business," said the witness. . "What other heresies did Mr. Smout show?" asked Senator Foraker. , "Well, he developed a habit of al ways voting the Itepubllcan ticket, und it was. unpleasant to us Democrats to have .too many of those fellow;) around." "Along the line of Mr. Sinoot's early heresies, did he oppose polygamy?" asked Mr. Van Cott. "Yes, sir; he was looked upon as the young man in Utah to redeem Israel." ' In regard to the political aspirations and the attitude of the people, both Mormon. and Gentile, Mr. Whitecotton said: , . ' "Pour' years ago Mr. Smoot was talked of for governor and when he abandoned the race tor that office it was understood that he hud in.-, eye on the eenatorshlp. He was the logical and : in my judgment the inevitable candidate. Before he became an apon tie he was talked of us a candidate for senator. After he was elected an apostle and he became a candidate for senator, a . campaign was waged in i which ■ the Issue was 'Smoot or not Smoot.'" "Do you think his apostleahip , us- {Continued <m Cue* Thro.) LOS ANGELES HERALD CLAIMS BREWERS DONATED FUNDS ASSERTION OF WITNESS IN NIEDRINGHAUS CASE NEWSPAPER MAN TESTIFIES C. E. Brockmeyer of the Missouri Star Declares Adolph Busch Contributed Large Cheeks at Different Times By Associated Freis. ST. LOUIS. Jan. 13.— The senate and house committees of the Missouri leg islature appointed to investigate tho statement of campaign receipts and expenditures filed by Chairman T. K. Nledrlhghaus of the .Republican state committee, and Republican caucus nominee for United States senator, met separately today. The hearings were open to the public. . The closest Investigation was directed to the charge contained in the resolu tion of Representative Oliver Grace that the $21,000 reported by Chairman Nledringhaus In his own name was In reality contributed by the brewery in terests of St. Louis. . T. K. Niedrlnghaus appeared before the house committee, which took a re cess to enable him to frame a reply to the Grace resolution. William P. Ltghtholder, deputy re corder of deeds, appeared before the senate committee in answer to a sub poena ordering him to produce a cer tified copy of the expense account filed by the Republican state committee. Ho took the original copy, which showed as its largest item the lump sum of $21,231, contributed by Neidrlnghaus. The next largest sum was for $5000, credited to R. C. Kerens. The total of the contributions was given as $57, 483.75. The report was filed by T. K. Neidringhaus, acting treasurer. C. E. Brockmeyer, publisher of the Missouri Star, who was a clerk at the Republican headquarters, gave testi mony relating to" the , charge that St. Louis breweries contributed the $21,000 which Chairman Niedrlnghaus credited to himself in his report of the receipts and expenditures of .the campaign., . . He testified that Adolphus < Busch, a prominent .brewer, ,. had given Nied rlnghaus at one time before the elec tion _a check for $2500, and at another time $5000, and that '■ •' he - contributed $5000 after the election toward liquida tion of the deficit which existed. ■ ■' ' Chairman Niedrlnghaus told him, he said, that. Otto Stifel of the St. Louis Brewery association had arranged to contribute an amount equal to that given by Busch. Mr. Niedrlnghaus made a complete statement, denying the allegations. During the campaign, he said, the lia bilities of the state committee had run up to $31,000, with no money in the bank, and he was held personally re sponsible for the debt. "About this time," continued Mr. Niedringhaus, "Setjator Fairbanks came to St. Louis, and on the request of Adolphus Busch, who is a personal friend of the senator, a dinner was arranged at Mr. Busch's house, at which were ex-Senator Mason of Illi nois, Congressman Bartholdt of St. Louis, Otto Stifel, Senator Fairbanks and myself. "During the dinner I explained that I had been refused contributions by prominent Republicans and stated: ' 'If I had $25,000 I would guarantee that the state of Missouri would cast its elec toral vote for Roosevelt and Fair banks.' "Mr. Busch then said: 'I am willing to join with yourself and Mr. Stifel to guarantee this $25,000. I will assume half that guarantee if you and Mr. Stifel will assume the other half.' i "I immediately announced- that I as sumed my share and Mr. Stifel agreed." In reply to a question Mr. Niedrlng haus stated that he was under no ob ligations of any kind on account of this guarantee to use any influence whatever to affect legislation 'in Mis souri. . Mr. Niedrlnghaus further explained that the deficiency of $31,000 was re duced to $21,000 by collections and that the latter amount was taken care of In connection with the agreement between himself, Busch and Stifel. Mr. Nledringhaus stated to the com mittee that he did not. consider the $25,000 pledged by Busch, Stifel and himself In the light of a contribution to the state campaign fund, as had the money been later secured from other sources it would have been re funded to them. •* ■ ' ' -i,. ,v,.,: j Gives Power to Investigate Uy Associated I'ress, JEFFMRSON CITY, Mo., Jan. 13.— The senate today udopted a resolution giving the committee now at St. Louis power to Investigate the campaign contributions of both political parties. Boy Stabs Companion By Associated Prcus. MAIIYSVIiiLK, Jan. 13. — Archie Powei'B, a 14-yeitr-oM boy, stabbed Kt unify I'etrie, a boy about the same age, during a quarrel today, lie used the large blade of a pocket knife, mak ing two wounds Just below the heart, The. Injured lad la believed to be ser iously hurt. '"MßSßt LOS ANGELES KERALD: SATURDAY MORNING, JANUARY 14, 1905. JAPANESE BIG GUNS USED IN REDUCING PORT ARTHUR BE ING SHIPPED FOR USE BY OYAMA AGAINST GEN. KUROPATKIN SEES DANGER OF CHINESE UPRISING RUSSIA ISSUES WARNING TO POWERS Claims That Japan Uses Neutral Islands as Naval Base— Slav Troops May Now In vade China . . . By Associated Press. ST. PETERSBURG, Jan. 14, 2;lj'a. m. — Russia's formal notification to the powers of the imminent danger of a general uprising In China as the result of a Japanese propaganda! which will threaten all foreign interests, coupled with a general protest against China's repeated violation of neutrality In con nection with Japanese operations, is really a warning to the powers that Russia regards the situation as ex tremely serious, and holds that the time has come for joint action by the powers for the protection of their own Interests. For herself, Russia feels that Japan has broken the pledge she made with respect to Secretary Hay's note at the beginning of the war, and further per sistence in this course will, she holds, absolve her from further observance and leave her. free to act for her own protection. The present note followed two pre liminary warnings addressed to the powers, one in October and the other in November. It sets forth breaches of Chinese neutrality, including the Ryeshlteliil case and also the use of the Mlao Inlands', belonging to China, as a base for the Japanese fleet; the constant dispatch jof contraband from various Chinese ports, the employ ment of Chinese soldiers In the Japa nese army and the hiring of Chinese bandits to attack Russian communi cations. Should General Ma or any. Chinese troops now move, Russia will feel free herself to cross the Liao river into the neutral zone. As for the powers Rus sia believes the situation has become serious '-. owing to the stimulus given anti-foreign agitation in China by the fall of Port Arthur. ", , . In.. diplomatic circles considerable Importance Is attached to the note, and in the general opinion it Is designed to Induce Secretary. Huy to initiate steps to bring joint pressure to bear, In order to prevent the extension -of the zone of hostilities and to compel China to adopt drastic ■ measures against the present agitation In the interior of that empire. •' ■:,■ CLAIM CHINA BREAKS FAITH Russia Makes Complaint In Note to the Powers By Associated Press. PAHIS. Jan. 13.— The Associate:] Press learns uuthoritutively thut Kum sia's note addressed to the powers relative to China's breaking neutrality gives what Kusslu claims to be abso lute proof of Chinese breaches. The three main complaints are: First— That 'the islands ;of Mlaotuo In the straits of Pc Chili, opposite Port Arthur, have been constantly used by the Japanese without Chinese iuterfor ence as a strategical base and as a harbor for Japanese torpedo boats. Second— Thut the Chinese army on the border has accepted the command of the Japanese officers. Third — That Chinese firms have been constantly working: in behalf of the Japanese, supplying them with provis- iCuutluuod on !"■»«« Two.) MAN SLUGGED AND ROBBED NEAR JAIL CHICAGO CONTRACTOR VICTIM OF THREE THUGS Jefferson Poteet Felled by Blow on Head and Relieved of His Valua. bles at First and Hill Streets. ..Assailants Escape .'Almost ;wlthln the . shadow yjf ..the city jail Jefferson Poteet, a contrac tor' from | Chicago, was slugged and robbed last night. Bleeding and^in a semi-conscious condition he was found at the corner of First and Hill streets. At the Re ceiving hospital, he recovered his facul ties sufficiently to tell his name and the facts of the hold-up. Poteet says he had started to his room at the Mount Angel hotel on South Bunker Hill street. He believes that he was followed by three young men. In his hazy condition he could not ' give good descriptions of them. At the corner of Second- and South Hill he was commanded to hold up his hands. Poteet says that he held up his hands when commanded to, but that he was struck from behind and fell. . For some time after that he knew nothing. He says that he was robbed of $49 and a valuable gold watch. He was without money or valuables when searched at the police station. He had a bank book show ing that he had money deposited in a local bank. While not dangerous the wound on Poteet's head is a bad one. WILL TRY TO ERADICATE : THE RAINES LAW HOTELS Vigorous Movement Against Them Is Started by the City Club of New York Special to The Herald. ..NEW. YORK,. Jan. 13.— A formidable movement for the abolition of the Raines law hotels hus been started by the City club. The club today issued a call for a conference of representa tives of all the city organizations inter ested In good government for free dis cussion 'of the Raines law . hotel . evils and for the consideration of Raines law amendments. . The meeting will be held Monday. ,In . addition .to a largo number of prominent reformers who have been invited, the, presence of the following city and Btate officers has been re quested: Mayor Mc'ciellan, District Attorney Jerome, Police Commissioner McAdoo, Excise Commissioner Healy and Senator John Raines. At the, meet ing next Monday no subject except the abolition of the Itaines law hotels will be considered. • EPPINGERS INDICTED Bills Returned Against Jacob and Herman Eppinger and J. Deming Uy Aanoclatod Press. SAN FKANCISCO, Jan. 13.— Tho grand jury today returned Indict menta agulnet Jacob Kppinger, Herman Kp pinger, Joshua Epplnger and Joseph 8. Deming, the first three members awl the last named superintendent of tlfe defunct firm of Jacob Kppinger & Company. ,\^,l[: ' It is believed that tho basis of the new Indictments Is evidence furnished by Bernard Kttllnger, another member of the defunct warehouse firm. The bail in each case was fixed at f i2,wo; |Hh9§ . ' - ' RUSSIANS USING DUMDUM BULLETS ASSERTION OF PHYSICIAN IN RED CROSS SERVICE Dr. W. D. Eastlake, Who Was Twice Wounded in the Orient, Arrives : in San Francisco on the . / '•■''•■ •'; v' -'. Steame^ Doric. ;'»»£<«!*is*. ! By Associated Press. ,,..,,, ___ M »,,.,__.,^. ;i , ; SA*N FRANCISCO, ' Jan. 13.— Dr. W/ D.- Eastlake, who had recently been in the Japanese. ' Red Cross service, , ar rived today on the steamer Doric. He declares that the Russians ' are' using dumdum bullets and that' he had ex tracted a number of such missiles from wounded Japanese. J Dr. Eastlake expressed great admir ation for the hospital work of the Jap anese soldiers and said ' that blood poisoning is very rare, nearly all of tho wounds being treated so aseptically that they heal by first intention. Dr. Eastlake said four cases of maltreat ment of Japanese by Russians came under, his observation. .In one case the eyes of a Japanese were gouged out before his death. He declared that the Russian prisoners said they had been tcSd they would be tortured If captured. , „ -, Dr. Eastlake was twice .wounded, once by a spent bullet and the second time by a wounded Russian whom he was about to pick up. The Russian stabbed him in the abdomen, with a bayonet. Dr. Eastlake Is returning to New York, his former "home.. He has been seven years in Tokio. IN MRS. BOTKIN'S FAVOR Alternative Writ of Habeas Corpus Is Granted by Supreme Court By Associated Press. SAN FRANCISCO, Jan. 13.— The su preme court today granted an alterna tive writ of habeas corpus In favor of Cordelia Botkln. The defendant's at torneys hold that she is illegally con fined In. the county Jail on -the charge of, murdering Mrs. -Ida Deane of Wil mington, Del. This has nothing to do with the Dunning murder, . of ; which Mrs. ■ Botkln . has twice been '■> found guilty and for which she has been sen tenced to life Imprisonment ;at . San Quentln. . It Is said Mrs. Botkln wishes to avoid being tried on the charge of mur dering Mrs. Deane. ROOSEVELT ON CANAL Wants Greater Discretion in Direction of Its Affairs Uy Associated Proas. WASHINGTON, Jan. 13.— President Uoosevelt, in a brief message trans mitting to congress today the first annual report of the Panama canal commission, together with a letter from Secretary Taft ' relating to Pan ama affairs, recommends that he be given greater discretion, us the presi dent is charged with the' responsibility of constructing the canal. The board of canal , commissioners. .he says, should be reduced to five, or prefera bly three members, whose duties, pow ers and salaries should be assigned by the president. Sontag Retires Prom Staff By Associated Press. SACHAMENTO, Jan. 13.— The resig nation of Lieut. Col.- Charles Buntug from the staff of Governor Pardee has been accepted. PRICE: DAILY, BY CARRIER, 65 CTS. PER MONTH MAKES HIS DEATH DOUBLY CERTAIN SHOOTS HIMSELF THEN JUMPS Unidentified Man Guards Against Any. Failure In Carrying Out His Plan to ..>:'• ;: \ : yk' : '-".\v Die " ."•• '. ' •*.jThat there rrrtghf Ur nrr possfbrnty of failure in carrying ■ out his plans to die, ah unidentified man; last evening tied 'a heavy Jackscrew about his neck with a piece ; of 'telegraph -wire, shot himself in the right temple and jumped from, the wharf : at. Redpndo into the sea. '■."' ' The body was found by City Marshal Smith of Redondo, . who notified the coroner. In the man's pockets there was nothing by .which he might, be Identified. Persons living near the wharf heard a shot about 7 o'clock last evening and saw a form plunge. Into the sea. ■ The city marshal had little difficulty in recovering 4 the body In the shallow water of the harbor. . { The deceased was evidently a man who had been in prosperous circum stances for he was well dressed and of genteel appearance. He was evidently about sixty years old, stood six feet high and weighed about 175 pounds. He had a sandy complexion, all of his teeth were gone. He wore a . dark suit and hat and a black necktie., An inquest will be held today. ANOTHER GOOD DOWNPOUR FOR SOUTH IS PROMISED Raining at San Francisco and Storm Is Expected Here by •■■•■ • i . Today - Special to. The Herald SAN | FRANCISCO, Jan. 13.— Rain is falling here . tonight and the weather bureau promises the southern and cen tral parts of- the state a good wotting by tomorrow. '_■' Storm .warnings are displayed [ from Point Lobos ' north. A mild ; ejtorm Is raging In : the high Sierras -and./ snow has been falling heavily for. the past, twenty-four hours and 'there in no apparent cessation of the storm. The snow, full is thirty one inches at Summit.- , Blue Canyon reports three inches ■ snowfall In a short time. West , of Blue Canyon there was. a heavy rainfall < which ex tended throughout j the - Sacramento valley. ; it'"}:' ■ . > NO TALBOT INQUIRY Will Be No Investigation of Charges Against the Bishop By Associated Press.' HEADING, Pa., Jan. 13.— There will be no Investigation for the present at least, of the charges preferred by Dr. I. N. W."- Irvine against Bishop Kthelbert Talbot of the Central Penn sylvania diocese , of the Protestant Episcopal church. . "A lack jof canonical authority" is the conclusion of the' eleven members who attended today's meeting of the board of. inquiry. The full membership consists of sixteen. By many ' It Is said that other charges will be preferred against Bishop Talbot under canons now In force. Morning and afternoon sessions were held. At times the debates and dis cussions were , animated. GREAT OVATION FOR NEW SENATOR HON. FRANK- P. FLINT IS WEL • COMED TO LOS ANGELES - GREAT ENTHUSIASM SHOWN At the Reception In the Evening Hun* dreds of Admirers Offer Con. gratulations to Honored Son of South Whole-souled enthusiasm was th« marked feature of the public reception held last night in the Chamber of. Commerce building In honor ; of the home-coming of Senator-elect Frank P. Flint. The day for the coming senator was filled with the congratulations of ; his friends, but it remained for ' the . recep- ' ■tion of the evening to demonstrate the). sentiment of the public at: large •. and the faith It was willing to repose in him. » ■ Mr. Flint, on his way home from • Sacramento, was met at Santa Susana by ■ a representative body of | the busi ness men of Los Angeles and at Bur bank by Mrs. Flint and her children and Mr. Flint's mother. - '. . Demonstration at Depot When the train' pulled -Into the [Ar cade station and the senator-elect; stepped fjrom the platform^rf' the .last., car there was a demonstration . on ' the part of those assembled which attest ed to the popularity of Mr. Flint. '"V Following his arrivel In , Los Angeles > a parade headed by a band was formed^ and accompanied the senator as far as First and Spring streets. In the evening the public celebration of Mr. Flint's new ' honors ' began 'fall . over again. At S o'clock a ''committee! from the chamber of commerce .'com-l posed of William D. Stephens,' Leo »,VA Youngworth and • Willis M.' Booth ."es corted Senator Flint and ' Mrs.' * Flint, i with Mr. Flint's mother, Mrs., A.' L. Danskln.to the Chamber of Commerce^ building, where a larger ' reception committee was awaiting his coming.' v. On, his arrival there ' Senator-elect < ,Fllnt took his position' in' the directors',? room,' just In^front of, a "massive: floral^ horseshoe of red and white carnations. ', a n.,.oft*erlng-.'fr6m '•''. the JRepUbtlcan .'dub : of Pasadenal Mrs/ Flint. stood left and then Mrs. Danskln. ' . " Greeted by Mother "'* ,r : ■% : While hundreds stood ' waiting , to greet the new senator from California, his' mother, - t with all the j grace ,' and ' sweetness that can be included in ; the pride 1 of . motherhood, stepped to her,, son's side and kissed him.' .Then, tunijU ing'to Mrs. Flint she kissed her in the same gentle way. The simplicity and,, the beauty of character shown by the; mother . love for her boy did ' not V go :, unnoticed. Following the greetings of the recep-" tion committee, which was composed 1 as follows, hundreds of citizens filed past and ottered their congratulations: \ H. S. McKee, Frank W. King, J. O. Koepfli, Charles H. Toll, Ferd K. Rule.", George H. Blxby, W. E. Hampton, '■ F. W. Brauu, George W. Parsons, F..Q.T Story, H. W. O'Melveny, W. J. Wash- . burn, Robert McGarvin, O. T. Johnson, 1 J. C. Kays, William D. Stephens, ■■ M. . J, Newmark, : John- H. Norton, Ai"; Mj\ Cass, A. W. Skinner, E. F. C. Klokke,' (Continued ou race Three.) THE DAY'S NEWS FORECAST Southern California: Cloudy on Saturday; probably rain; fresh south wind. Maximum temperature In Los Angeles yesterday, 67 de grees; minimum, 50 degrees. ' I—Claim1 — Claim polygamy Is disappearing* 2 — Ordered to sanitarium.*. ' 3— Pledge loyalty to Native Sons. 4 — Southern California news. s— Rival engines cause deadlock. 6— Editorial. 7— Citrus fruit market strong.' 8.9 — Classified advertisements. 10— Sports. 11— Markets. 12— Cruel, still she loves him. EABTERN Witnesses In Smoot Inquiry declare . polygamy is dying- out. . • ,>««*>.■:< • "ciinmlitiMH of Mlsmiui'l house and senatu begin Investigation of charges against Nle- ■ drlnghuus. . -. - -^ ' ' I'nalat Progress league will try to prevent Senator Platt from keeping his seat. foreign' Ijondon correspondent finds plenty of food at Port Arthur. Says surrender not forced. : Russia Isuea noto to the powers protesting' against alleged breaches of neutrality ou ; part of Japan and China. - ■ Paris- UUcuxms terms of Russia's noto to ?:•££ COABT California legislature provides for appoint ment of an expert to inspect capltul .with, view to Improvements. , . ■■ .-•■-, ■; Uril CrosM phynlclaii Jiihi arrived ■In ' Ban :. Frani-lsoo assorts Russians used dumdum', bullets. "'■•'■ deposits after bank. was declared Insolvent. LOCAL Senator liYank P. Flint is given warm wel cotuu home at public roceptlon In his honor. 1 1 On« must lead, say tewperanc* reform work- Fire commission and ronn-.ill may split on question of buying new ftr» engine*. . . Vnldenttned man ties Jacksurew ■ about . his neck, shoot* . himself, then Juinus Into sea at KeJonJu igil^»*»jsJ»S'"Tsrrs:»r'*»* l lßTTrr*irT'^]B College student hurt during fraternity lnKla- ■ tlon. ■ * mtaltßi&BlOßttK^tiQfffßttltfi ■ Presidents of citrus , uulous discuss prevail ing condition*.