Newspaper Page Text
VOL. XXXII, NO. 138.
FATHER DESCRIBES HIS SONS' DUEL AGED CHAMPION WITNESS TO , FRATRICIDE AFFAIR OF HONOR, HE SAYS Prlaoner Charged With Slaying We Brother Takes the Stand In Hla • Own Behalf— Much Inter. ett Taken In Caae • A picture of the old-time south, with Its feuds find duels, and Its fearless men, was vividly portrayed yesterday In Judge Smith's department of the superior court when C. C. Champion, •who stands charged with* the murder • ' fof hla brother, Thomas D. Charriplon, •-,? closed his fight for freedom. ' \ i Every available Inch of standing - room was taken In the court room, ' and the throng of curious onlookers listened almost breathlessly to the tes •vtlmony. In so far as the evidence was con cerned, It was Champion against ' Champion, and few outsiders ventured to enter the lists in behalf of either faction. Intense and dramatic was the spec ■tacle presented when Thomas Cham pion, the father of the defendant and the deceased, took the stand and testi fied in behalf of his living son, who stands charged with fratricide. Aged Father Testifies S Broad shouldered and of sturdy physique, old Thomas Champion pre sented the picture of the Alabama mountaineer that he is, and in an un faltering tone of voice he told of the troubles between his sons. - He asserted that he had always en deavored to maintain peace In the Champion household, but at times this appears to have been almost Impos sible. ' In speaking of his deceaesed son the old man told the jury that he had al ways been quiet in his manner, though fearless of heart, and always ready to do battle for his rights. : * ' "One day Thomas said to me, 'He has been after me 'for these three years, and now, by ■i — ,l am after him.' They quarreled and Thomas dared 'Lum' to come out^f 'the , house, but. I would not let hlm go, and " tcfld 'liTrri j itjiat he" could not leave the house except over my dead body," testified the, witness. [. ;'.',.■' Challenged to Duel • ,'■ In l a .'.dramatic manner he told the judy I that on ' one occasion Thomas Champion" had advanced toward his house and, after removing 1 his coat, had challenged the defendant to measure swords with him on the field of honor. :' ln. answer to a question propounded to him, by one of the Jurors, the old man was unable to explain the cause of the trouble, other than to say it was a southern feud, and Thomas D. Champion's disposition was such that he was unable to discriminate between his relatives and strangers when af fairs of. honor pressed themselves up on him. for settlement. • C. : C. Champion, the defendant, next took the stand In his own behalf, and told the jury of the duel In which his brother was slain. He told the jury he had not seen bis brother, from the time that they ;were boys together in the mountains of Alabama' until the deceased came to bis home in Arizona. ' Several years ago In front of the house of the deceased Champion, the defendant testified, . Thomas called to him to ask him if "he was after him -with a gun," and added that if he was be (meaning Thomas X>. Champion) ■would "fix" him. At this Thomas D. Champion ran into. the house and re turned with an automatic rifle, but his wife and daughter prevented a dis charge of the weapon. , "I was - standing in the road and I spread out my arms like this (defend ant arose from the witness stand and held out his arms), and called to him: 'Here I am; shoot,' and then I turned and; went Into my house." The' witness then told of trouble •which took place on the following day, which led up to the trouble which re sulted in the death of Thomas Cham pion.' "I never wanted to fight the man or hurt him, because I knew what It would mean, that one or the other of us would go down," explained the de fendant. ; ; _ • Trouble Between Brothers On December 27, the day of the tragedy, the defendant told the jury, ho saw his brother twice, and on both occasions It appears that the men had trouble. "J saw Thomas about 5 o'clock that evening and lie stopped near my stone wall, I walked out to the wall and said, 'U, I would like to have a talk with you,' but he replied, 'You go to - — -, you're a coward.' " The -witness then stepped down from the' stand and Illustrated the action of his deceased brother just prior to the fatal shot. /Champion told his brother that he wanted peace, but according to the do fendaut'a testimony Thomas replied: '"I want to whip you or settle it with a gun." "I; knew what had to bo done," auii] the defendant; "I knew my life was in danger. ' I < went in ftnd sot my gUM. (Continued ou !■•*• Tiro.) ' Los Angeles Herald. DECISIVE BATTLE DRAWING NEARER RUSSIAN CAVALRY ADVANCB IN FORCE IDEAL CAMPAIGN WEATHER Japanev* Steadily Moving Reserve Brigades Eastward and Shifting Forces From Their Center ,t,, t , to Their Flanki i ' ; By AMflciAted Press. RUSSIAN HEADQUARTERS, , Huan Mountßln, Manchuria, .Feb. 15.— Dur* Ing the Japanese bombardment of Pou tlloff hill a projectile from a siege gun entered an underground hut, burst in side, tore off the hend of a lieutenant and wounded a. colonel and two staff captains who were playing cards. In front of Koudezl, on the right flank, the Russians are trying the ef fect of concentrated siege and mortar batteries with good -results, firing as many as twenty mortars simultan eously. The Japanese are reported to have suffered more from the cold than the Russians during the fighting westward; The hospitals at Llao Yang are Bali} to be crowded with frost-bitten men. Nogl Will Command the Right According to ,the Chinese, the Jap anese reserve " brigades are being moved eastward, indicating the direc tion of the Japanese offensive when it begins. Reports from the same source say that General Nogl will command the extreme right. Rumors continue that the Japanese are quietly shifting heavy fortes from their center to their flanks, the constant artillery work in.. the central position seeming to cover such movements. While the nights are still cold, the days are warmer and the time is ap proaching for ideal campaigning. Spring in Manchuria Is not being marked by any rainfall. The great bat tle which all are expecting may spell ruin ,to either army should it occur within a month. Japanese in Mongolia , Whatever grounds may exist for . the charges that the Russians are violat ing Chinese neutrality/ it is certain that bodies of Japanese troops r ' arid Chinese bandits acting under Field Marshal Oyama's orders are operating in Mongolia, usually In heavy detach ments of several -hundred ■ meril ■ It was one of such bodies. that recently destroyed j a railroad bridge between Mukden and Harbin. - T - ATTACK OYAMA'S LEFT Russians Have Commenced Extended Artillery and Cavalry Advance By Associated Press. TOKIO, Feb. 15, 3 p. m.— The Rus sians have .begun an extensive cavalry movement . against Field Marshal Oyama's extreme left. Last night they were attempting to cross the Hun river west of Llao Yang with 9000 horsemen. The operation began west of Chlt aitzu. One force of cavalry stole into Laohunshi and simultaneously anoth er cavalry force approached ' Tacha, which Is situated thirteen miles south west of Chitaltzu and twenty-five miles west of Llao Yang. • Nine thous and cavalry with artillery approached the river a mile below Tacha and at tempted to cross at 6 o'clock in the evening, advancing on Helkoutai. The shelling of Oyama's, center continues. HEAVY CANNONADING Japanese Cavalry Refuse Quarter and Are Annihilated By Associated Press. MUKDEN, Feb. O.s.— The Japanese began a heavy cannonading Tuesday afternoon on the Russian flank, and the firing continued all through the day. It is thought the Japanese are preparing: for . a general' attack. The Russian guns are replying. The wiping out of an entire detach ment of Japanese cavalry which had destroyed a railway bridge, between Mukden and Harbin is reported. Rus sian cavalry overtook the raiders who are said to have refused quarter, and fought until .the last man was killed. VLADIVOSTOK THE GOAL Gen. Kawakura Advancing to Attack of Russian Stronghold By Associated Press. TOKIO, . Feb. 15.— There is reliable information to the effect that when Gen. Kawakura left' early this month for Korea his mission was to make an advance against Vladivostok. The route of advance has not been disclosed. The Tokio newspapers have noted the continued withdrawal north ward In Korea' of small bodies of-Rus sians. It is stated that the fortifica tions of Vladivostok have been great ly strengthened lately. BTOESSEL INTERVIEWED Discord Between Naval and Military Defendera of Port Arthur By Associated Tim. I'AIIIS. l''eb. 15.— French special cor respondents sent to meet the French Mi-umer Austialien, having on board ('iunurul Stues-sc-1 ami others of the sui (Coutliiued oa Faff Xno.) LOS ANGELES, CAL., THURSDAY MORNING, FEBRUARY 16, 1905. NOTED AUTHOR OF "BEN HUR" DEAD GEN. LEW WALLACE PASSES ' AWAY AT HIS HOME Was Seventy-Eight Years of Age and His Health Had Been Failing fey* a Long Time • ■ By Associated Press, i ' CRAW^tfRDSVILLE, lud.. Feb. 15. — General Lew Wallace, author of "Ben Hur.'.Mone time minister to Turkey and a • ve'tpran of the Mexican and Civil wars? died at his home in this city today, aged 78 years. The health of General Wallace had been waning for several years, and for months, despite the efforts of the fam ily to keep the public' in ignorance of his. true condition, it has been gener ally known that his vigorous constitu tion could not much longer withstand the ravages of a wasting disease. . For more than a year he has been unable properly to assimilate food. At no time has he ever confessed his be lief that the , end was near, and his rugged constitution and remarkable vitality have been responsible for pro longing his life several months. i The deathbed scene was one of calm ness. Besides his physician, only his wife, his son, Henry Wallace of In dlanapolis, and Mrs. Wallace were present. Two ■ children were 'in the house but were . not admitted to the room. When told by" his physician that he was dying, General, Wallace was pcr T fectly calm, and his last words were expressions of cheer to, his grief stricken family. Bidding them fare well, he said: ■ i"l am ready to meet my Maker," and lapsed Into ' unconsciousness • from which he did not ' recover. '" I No definite arrangements have been made foe the funeral. FARMER-STOCKMAN FEUD Murder Prosecutions Still Occupying ] Attention*** Kansas Courts . By Associated Pirss. , NORTON, Kas., Feb. 15.— The case of Chaunce'y . Dewey. W. B. Mcßrlde and ..Clyde Wilson for' killing David Berry**hns been continued until , the May term of the district', court. The above jmuied parties, were tiled a yeur ago for the killing of ;Burchard B. Berry, 1 a son of Daniel Berry, und were acquitted. . • David Berry was killed during the same fight, which grew out of the al leged persecution of the farmers by stockmen. . . ■ MRS. FRISBIE IS DEAD Gen, Vallejo's Daughter Passes Away in Mexico City By Asmoclated Press. MEXICO CITY, Feb. 15.— Frariclsca Guadalupe Vallejo, wife of General John F. Frlsbe, an old j and wealthy American resident here, is deud of pneumonia. . ; . . Mrs, Filsbh was the first white child born in the valley of Sonoma, Cal., and her father whs the famous General Vallejo, head of the Mexican, military department in California before the annexation of that territory tv the United Stutea. _ JAPANESE CARRYING WOUNDED SOLDIERS OUT OF ACTION ASQUITH CALLS FOR DISSOLUTION SAYS TIME HAS COME FOR A GENERAL ELECTION States That the Fiscal Question Has Been Discussed for Two Years and Should Now Be Sub. mitted to People • ' By Associated Press. .•" , ■• - ; «'i % LONDON, -Feb.- 1 15.— 1n the house of commons the debate on the address in reply to the speech from the throne was resumed by Mr. Asquith (Liberal and ' former home secretary), ' who moved the following amendment: "We humbly represent to' youn majesty that the various aspects of the fiscal question have been fully dis cussed in, the country for, nearly two years, and that the time has come for submitting the question:. to the people without further delay. "*}; x •'• Mr. Asquith supported this demand for an immediate dissolution of . par liament, with some trenchant remarks on the wide fiscal gulf separating the Unionist factions. /■,, .. ; Turning to Premier Balfour, Mr. As quith asked him to give' a' monosylla ble answer as to whether,' there was a practical difference ' between his and Joseph Chamberlain's fiscal policies, but the premier maintained silence. The speaker then declared that Mr. Chamberlain " also was ' becoming in noculated with their "malaria of am biguity," and ' added that this intol erable confusion," menacing and peril ous to Industry and the empire, could only be cleared up by a prompt and direct appeal to the country. 1 The discussion was robbed of much interest by,Jhe unexpected calling of a ' second' cabinet meeting, . : which .sat for two | hours during the evening. 1 A second cabinet meeting in ' one day ls'unusual ; ahd'cr'eated great curiosity and. an 'exit of members from the lob bies'. It Is believed that the meeting had no' connection with "parliamentary matters.' There- is a rumor that it was owing to the receipt of important' dis patches from the far east connected with' ; the possibilities ' of Jpeace, but nothing reliable Is known 'on the sub ject. . . ■. ■■■ , ' •■ . ' ! V: . ■ . BADLY STABBED BY* WOMAN Liquor Leads to Probably Fatal Af. fray In San Francisco ny 'Associated Pres*. ■ . ■ SAN FRANCISCO, Feb. 15.— Pending the result of Injuries which the po lice bolleve will j prove fatal, Mary K. Geary is 1 detained at the city prison. The charge against her will .probably be murder, for Henry Rassln,-a steve dore,' 36 years old,' Is dylng-at the cen tral emergency hospital. ''She Is accused of stabbing him with a potato knife while she was' under the influence of liquor. * ' ALL FOUR ASPHYXIATED Tragedy In Cleveland Hotel, Recently Prophesied by Victim By Associated Frus.' CLEVELAND, 0., Feb. 15.— Charles Heller, his wife Josephine, George No lan and the latter'a wife were found dead today, apparently 'having- been asphyxiated by gas, in a house on Cen tral avenue. Owing to family discord Mrs. Heller is quoted as having said' recently: "If things don't get better death will come to all of us." •' FORMER QUEEN EJECTS NURSE COUNTESS OF MONTIGNOSO IN FEAR OF ABDUCTION Forcibly Pushes the Little Princess' Attendant Through the Gate and Orders Her Belongings . Thrown Out ■ By-, Associated Prem. '■;'. :'■':''. ''•'■ y: ''\> .■■"'".'•;. .- FLORENCE, 1 Feb. 15.— The affairs of the Countess of Mbntlgnoso, former wife of King Frederick. Augustus of Saxony, took a . dramatic turn today. For some time the countess 'has sus pected that her German nurse, Mahote, was planning to abduct the little Princess Anna - Monica' Pia and place her in the care, of her father, the king. Today, under . the, pretext that the German consul was waiting to see the nurse at the gate of the villa where the countess is residing, the latter led Mahote to the gate. Then, quickly pushing the nurse outside and closing and locking the gate, the countess cried, "Go to your master, spy." Entering the house the countess or dered all of Mahote's belongings thrown out of the window to the street. The nurse protested against her ejectment, but unavalltngly, and later applied to a locksmith to aid her In re-entering . the villa, saying , she had lost her key. The locksmith declined. i Falling to enlist the locksmith's as sistance, Mahote went to Dr. Koerner, the Dresden lawyer who .. came here recently to demand that the .Countess Montignoso release the custody of the Princess . Anna to King Frederick Au gustus,- and. he, In company with the German consul, , returned : with -her to the villa, .where they found all the bell wires cut. ■ Dr. Koerner appealed to the police,- but was , told « that, they could not enter a private house without or ders of the court. • M'iif-t. < ' ' ■ The people in the vicinity of the villa have been intensely interested in, the royal • domestic drama .and many of them will personally -oppose any. at tempt of violence , against the former Crown Princess of Saxony. ■ , ■ <■■-. ROPE BROKE ;AT HANGING But Death Came Instantly to Ralslnger Through. Fractured Neck By Associated Press. .' *..' • BRIDGEPORT, Conn., • Feb. ! 15.— Frank Ralslnger was hanged here to day for the murder • of « his wife. "The rope broke as the body, rebounded and the back of Ralslriger's i head struck a cross beam of the' scaffold and brdke. his neck. The physicians present" said thati deatliMVus I ' lnstantaneous. ■' It: was therefore, not necessary to raise the body again:to*the*ecaffold. " < A shudder ran through>the assembled spectators .• as ithe rope parted'- and Ralslnger's body fell to* the 'ground. Nearly every one present' turned from the grewsome sight, j Sheriff Dement said after the hanging that he was un able to account, for .the (snapping of the cord. 1 as it had been tested with a weight • more, than' 100 pounds • heavier than Kalslnger'a body. Ex-Governor Boles Very Sick lly Associated Press. HOT SPRINGS, Ark., Feb. 15.— Ex- Governor Horace Boise of lowa, who haa been ill for some time, will leave for home tomorrow, accompanied by his eon. His Illness la of a serious nature. PRICE: DAILY, BY CARRIER, 65 CTS. PER MONTH SLAV PEASANTRY REBEL AT TAXES THREATEN .TO CONFISCATE STATE DOMAIN - "Down With the Romanoff Dynasty" Growing Into a Universal Cry. Financial Administration Is Gravely Embarrassed Special Cable to The Heraldry. ■■!/.', ■'-"'. ' • 4 ■ ST. - PETERSBURG, Febi 15.— Agita tion "throughout the country is per sisting in the most astonishing way. The people are infuriated, at, the vi olently "repressive tactics of the gov ernment and are ignoring the. counsel of their leaders to await- patiently the course of events. ■' This condition haa been helped by reports that the grand dukes were desperately endeavoring to force the czar to . dismiss reformers from his- immediate counselors. . The cry of "Down with the Roman off dynasty" is heard in the saloons, In the theaters and streets, as well as in. the workshops and students' clubs. : News comes from the provinces along the Volga, most notably in Voronesh Kaluga, Orel and Moscow, that the peasants are refusing to pay their taxes as being. unable to do so, and are saying that unless the czar grants them lands from trie state do mains they . themselves : will seize them. , ■ : . This news has greatly alarmed the government because of its | political importance, the j widespread disaffec tion ; reaching people of high social position and influence, in. St. Peters burg, who: 'have .hitherto .refrained from discussing .political . affairs, 'but who are 'now doing so freely. hThe re fusal .to,., pay -taxes has ..embarrassed the. financial . administration,) already burdened* with war -.expenses. ; i .: • With conditions approaching, anarchy existtng \ over , a . large , portion •of f the empire,; the- world, should- not-be sur prised at whatever may, befall. • ,r ( r CZAR STILL UNDECIDED Inclined to Reforms but ' Weighing Pros and Cons By Associated Press.; ST. , PETERSBURG, Feb. 15... 11:10 p. m.— ln, spite, of Emperor: Nicholas' personal 'inclination .. In favor of , the zemsky zabor, v as intimated ,to Count Leo Deonovitch Tolstoi, .the imperial decision to summon this parliament has not 'yet been- taken, j The emperor is carefully weighing, arguments for arid against the, plan, before commit ting himself to this course. state ment is made upon the authority? of perhaps the- most* liberal of .the em peror's ministers who tonight informs the Associated Press that the' question remains .under consideration at Tsa'r skoe-Selo. , , . . , . , \'l therefore have frankly^ urged .upon his majesty," the, minister] said, ."that the' time ; has' come, when', the" people should : no ' longer be denied *a ' voice in the government;' and the same' counsel has been given' by many others' who, like' me!' believe that the moderate Lib eral element which is drifting away can" thus be rallied ' to the support of the government. His majesty received our views sympathetically, and I be lieve is personajly inclined to adopt the course we suggest. He now is care fully deliberating upon this, but It Is no " secret that powerful Influences about his majesty are pressing , the contrary view and advauclng strong arguments which cannot , lightly be iO«atlnu«4 «O I'age Iw*) KANSAS DEFEATS THE OIL TRUST BILL FOR STATE REFINERY IS PASSED STANDARD LOBBIED IN VAIN Help for New Plant Will Be Furnlthet, by the Penitentiary— Produc. ers' Association Asks the President's Aid By AMOclated Tres*. ' TOPEKA, Kas., Feb. 15.— A bill pro viding for a state oil refinery passed: the Kansas house of representatives :• today. "^ Governor l Hoch will sign the bill at once. Under Its provisions a refinery will be located at .Peru,', Kas.j und another penitentiary will b« built there to provide: convict labor for the refinery, j An appropriation of 1410,000 Is made for and •' maintaining ; the flnery and penitentiary.- . This ends one of the most' bitter fights ever before made In the legls-* lature. The Standard- Oil company and the railroads have maintained strong lobbies here, vainly trying to defeat the bill. [ The' Kansas Oil Producers' associa tion today sent the following telegram to President Roosevelt: • Appeal to President -. "TOPEKA, Kas., Feb. 16.— T0 The odore Roosevelt, Washington: The un dersigned, representing the oil l pro ducers of the state of Kansas, and speaking for the intelligent and indun trlous people of the state and voicing; the spirit of American fair play every where, appeal to you and through your secretary. of the Interior, and by you to the congress of the United States,' for help In the undertaking of the leg islature of the state to protect the oil Industry of the state from the oppres sion of the Standard Oil trust. "Because the legislature presumes to: exercise a natural function of govern ment by legislating for the welfare and protection of industries within the borders of the state against . the op-" prtssion of all monopolies: and because : the legislature proposes to try the ex^ perlment of a public oil refinery -as a means of preserving arid making prof itable the; ofl S industry," J the « general manager of the' Standard OH- company has declared ! a ' boycott ; upon ~ Kansas oil, and^ one : of; his' subordinates 'haY Insulted ■ our -people by ' expressing ' In the' ; public prints * a • groundless ; fear that they will destroy the . company's property. :, " , ' • ,' "We further • represent • to • you that a menace to the crude oil | market isj a continued ownership by the" Standard Oil company of what is known as the Foster lease of the Osage Indian'res-' ervatlon. This reservation includes f one and a half million i acres of ; land which contains a reservoir of petro-: leum so rich that if the Standard Oil; company should own arid develop' It j that company will have a supply of oil that will make it independent of private production, not only j in' : the | west but all over the United States.* The lease is" nominally held by 'straw f men,' but it really is in the grip ; oft the Standard Oil company, and the oil producers appeal to the president, '.th« secretary of the Interior and the con- '•' (Continued on rase Two.) THE DAIS" NEWS FORECAST Southern California: Rain on Thursday; fresh east wind. Max. imum temperature In Los Angeles yesterday, 58 degrees; minimum, 52 degrees. ' < I—Describes1 — Describes his sons' duel. 2— Chief Wlttman suspended. I 3— Booth.White wedding. ' , .4— Preaches' sermon In track tuft. " s—Chinook5 — Chinook salmon king of fishes. ■'/ 6— Editorial. 7— Bookmaker takes hia life. 8-9 — Classified advertisements. 10 — Sports. ' ' 11— Markets. 12 — Samaritan act Is costly.. EASTERN Kaunas legislature panes bill to vttt It*** . oil reUnery . and flght the Standard Interest*. Cru. Lew Wallace, soldier and author, la Senator Perkln« moves appropriations for new ituuruutliic utallon at Ban Dtcgo. . FOREIGN Mr. Asqulth, replying "to ■ speech from throne, demands dissolution of parliament. • Kusaian Veasanta refusing to pay taxes and threatening to seize publlo lands..-. Decisive battle '• In Munvhurla bellevtd to be now directly Imminent. COAST 'House adopts concurrent resolution rail- * fylng Pasadena charter amendments, • ' ■ Chief of Police Wlttman of San Francisco U suspended. Adolph Weber take* the stand In his own defense. •;•', '■ : : 1 - ! : * local Right asked' for by .raclflo ■ Electrlo r company Is not (pur track, but full railroad r "mportant civil action begins in the.iupe-' rlor court of Kern county today. In vol vine . charges against oil .magnates. • , • , Dramatic episodes in • the trial of .C. O. Champion, whp la charged with the murder of his brother. Defendant will probably know his fat* today. City Chemist K. V. Day rtslfns and »uo cftkHur in auiiotiited. Htreet Superintendent Hanley Inaugurates ward system of caring for thoroughfare*.' o " Morris nothschlld. well known eastern r««« trick follower, commits sulcld* at th« L»x>; ' n Mayor's t " 1 l'erk and* letter from merchants »»d. u>anuJaetn,r«r».