VOL. XXXIV. NO. 247.
TO LAY BARE
CRIMES OF
INNER CIRCLE
Hay wood Prosecution
Announces Plan
of Battle
Witnesses Tell of the
Plot to Kill Governor
Stuenenberg
Son of Victim Takes the Stand and
Swears That Orchard Asked
Him About His Father's
Whereabouts
By Associated .tress.
BOISE, June 4.— Through James H.
Hawley, senior of the group of prosecu
tors, the state of Idaho today made the
opening statement against William D.
Haywood, whom It charges with the
murder of Frank Steunenberg, and then
began the presentation of the testimony
by which It hopes to prove the Indict
ment laid against him.
The opening statement was a broad,
sweeping arraignment of the leaders of
the Western Federation of Miners, who
were charged with plotting wholesale
murder, and hiring assassins, all In a
giant conspiracy of vengeance upon the
persons who obstructed their way to
destroy opposition by terrorism, to con
trol the political destinies of the com
munities covered by their organization.
It charged a widespread conspiracy dat
ing In inception from the north Idaho
disturbances fifteen years ago, reaching
down to the murder of Frank Steunen
berg, and whose murdered victims by
bullet and bomb number scores. Haw
ley declared that wherever in the mm
ing stations of the coast states the
federation .had been 'in control there had
been loft a trail of blood to mark its
operations. Of the hired assassins he
cried: "To them murder became a trade
and assaslnatlon a means of living."
Charges Great Conspiracy
As to the general conspiracy Mr.
Hawley said:
"I have said, gentlemen, it has been
part of their object and policy to con
trol the politics of the various sections
•where they have lived, where they hnv*
existed, where their organization, their
subordinate lodges have had control.
This conspiracy, this collusion, these
crimes, this understanding between the
leaders of this organization, together
with some that were associated with
them in a subordinate role, together at
other times, with others, that on the
outside played Into their hands, who
were necessarily brought into their con
fidence has, as I have stated before,
caused the death and been the real
cause of the death of Governor Steunen
berg. It is well then for us to inquire
as to the objects of this collusion and
this understanding and this conspiracy.
It is well to go into the objects of these
leaders in accordance with the prin
ciples that actuated them in effecting
this organization, so far at least as is
necessary in order to enlighten us as to
this particular crime that is charged,
and on this, gentlemen, I will say that
we expect to prove, and I have been
exact In this matter and will call it to
your attention with words that I have
considered, that this was not the only
object of this organization; that al
though the persons composing the ex
ecutive committee, so far as their per
sonality was concerned, have changed
at various times their objects, the ideas
of the leaders for the body have never
changed.
"By mutual agreement and under
standing of these leaders at the very
Inception of this organization, certain
objects were aimed at, and It has al
ways been the object of the 'inner circle'
of this organization to accomplish them.
In fact, we will prove to you, gentle
men of the Jury, that at the inception of
this organization, a conspiracy was
formed by the members of the 'inner
circle,' the object of which was to per
petrate their own power, influence and
control both In the federation itself and
on the governmental matters of the dif
ferent stations of the mining country,
wherein they had control, by employing,
gentlemen, desperate criminals to com
mit murders and other atrocious crimes
by unusual and alarming methods
against those who in official position re
fused to be influenced, by their wishes
and those who in private life ran coun
ter to their interests.
"We will go further, gentlemen of
the jury, and prove as part of our case,
and as showing who was responsible
for the murder of Frank Steunenberg,
as showing the circumstances sur
rounding that murder and who caused
it to be committed, that the leaders of
this federation, the men who compose
the 'inner circle,' have for more than
eight years past made a record of
deeds of violence and that their chosen
methods and course and custom have
left a trail of blood in the mining sec
tions of this entire coast wherein they
have had control. We will show that
the leaders that comprise this 'Inner
circle' have traded in blood, employed
hired assassins to take life and de
stroy property as their interests seem
ingly required, and as part of their
general practice of protection have
raised by assessment levied on the
members of their order a large amount
of money as an emergency fund and
from it not only squandered large
sums for their own personal purposes
and criminal methods, but have also
from it retained the best legal talent
to defend these of their number charged
with crime."
Tells of Inner Circle
After retelling the story of the
Caldwell crime, the arrest and confes-
Bion of Orchard and part of the his-
Continued DiFu« Two.»
Los Angeles Herald.
PRICE: rKr-io 0 . 1^ 1 "! 65 CENTS
CARLOAD OF GASOLINE
EXPLODES; THREE MEN
KILLED, HOUSES SHAKEN
<£ By Associated Press. <$>
<$> REDDICK, 111., June 4. — Three <$>
■%> peraonn were killed here tonight <&
<$> by the explosion of a car loaded <i>
<$> with gasoline. One of the men <8>
<$> killed wan Fred Hatting, a barber, ■•■
<$> of Reddlck. The mm« of the <*>
<§> other two men are unknown, |aa <8>
<$> they were atrangera In Heddlck. <•>
<J> The three men, together with iiev- <£
<$> eral other persons, were watching <$>
<S> three 'freight ear* burn that had <♦>
■$■ become Ignited from a' hot box on <§>
<$> one of the trucks. , An the train <$>
<$> neared the Junction of the Chi- <$>
<S> cago, Indiana & Southern railroad <$>
<$> and the •\Vabaah railroad the car •$>
<$> with the hot box was derailed, two <g>
<J> other cars loaded with oil were 3>
<$> nlao dragged Into the ditch and all <$>
<$. caught lire.
<S> Right next to theae cam wan an- <S>
other cur loaded with gasoline, <•>
<$> which caught flre from sparks <S>
<$> from the burning cars. A fearful <!>
<J> explosion followed, which broke <$>
<J> all the windows In the village and <»
<3> demolished chimneys of houses for «S>
<$> miles around. The three men <3>
<$> killed, who were standing close to. <S>
<$> the gasoline cor nt the time, were
<$> blown to atom* and the fragments <£>
<$> of their bodies scattered for a hun- <$>
<«> dred. yards around. No one else <§>
<§> was Injured, as the trainmen, who <$>
<$> knew of the contents of the gaso- <S>
.$> line car, had fled to a safe distance. <$>
< 3><3><s><S><S><3><3><3><3><» < 3><3><3><3 >< fr < S >< 3"3 >< 3>3 >
LITTLE BOY HURT
BY WATER WAGON
Five.Year.Old Ground Under Wheels,
but Bears Serious Injuries
Bravely and Will
Recover
Ground between the rear wheel and
body of a sprinkling wagon. 5-year-old
Lawrence Gere, 433 West Fifty-sixth
street, was so serlousy injured yester
day afternoon that for a time his life
was despaired of. Dr. N. C. Trew was
summoned, and under his treatment the
lad's condition improved. Late last
night the physician declared that, de
spite his grave wounds, the boy would
Little Gere, together with several
other lads of his own age, is said to
have stolen rides on the water wagon
frequently, proving a source of annoy
ance to the driver. Time and again
during the past few weeks that Indi
vidual has ordered the boys off the
wagon. Yesterday, however, he failed
U notice the youngster crouched on the
back of the vehicle.
His first Intimation that he had a
passenger was when he heard the
screams of the Injured lad. In some
inexplicable manner the clothing of the
boy had become entangled in a rear
wheel, and before he realized it or
could make an outcry the little fellow
had been drawn between the wheel and
the body of the wagon. When the
wagon was stopped and the mangled
little form taken out it was found that
his right leg had been badly crushed,
the bone was broken above the knee
and the groin badly lacerated. Around
tho wound the flesh hung in tatters,
and bits of clothing and axle grease
had been ground into the raw flesh.
The little fellow bore his injuries
bravely, but for a time it was feared
that he would not survive them. At a
late hour he was reported as resting
easily, and Dr. Trew stated that he
would In all probability recover.
Walter Gere, the lad's father. Is a
house painter. A little girl 18 months
old, and Lawrence, aged 5, are the only
children.
GOVERNOR TELLS SCHMITZ
TO PROTECT STREET CARS
By Associates Press.
SAN FRANCISCO, June 4.—Govern
or Gillett and Mayor Schmltz held a
conference today in regard to the pres
ent condition of affairs in this city,
the street car strike being the princi
pal subject of discussion. It is under
stood that the governor informed the
mayor that better police protection
must be given to the street cars now
running and intimated that if this was
not afforded he might be obliged to In
tervene. Mayor Schmitz said he would
do everything in his power to preserve
the peace of the city and prevent riot
ous outbreaks and promised to keep
the governor informed in regard to the
situation. With this understanding the
conference closed, but another meet
ing between the heads of the state and
city will be held In a few days.
Patrick Calhoun and Henry T. Scott,
presidents respectively of the United
Railroads and the telephone company,
have formally signified to the gov
ernor that they will be present at the
meeting to be held by the conciliation
committee of the Civic league tomor
row afternoon.
ASSESS CORPORATIONS
ACCORDING TO STATUTE
By Associated Press.
SAN FRANCISCO, June 4.— The
state board of equalization has issued
circulars to the assessors of every
county that the assessment of corpora
tions must be made in accordance with
sections 3608, 3609 and 3610 of tho politi
cal code. The plan inaugurated by
Assessor Dodge of San Franclsc flvo
years ago of assessing franchises Is to
be followed. He succeeded in adding
$5 000,000 to the city's roll In the year
1905, and the Income by the state will
be proportionately large. Dodge's as
sessment was fought to the supreme
court, which finally decided that tho
San Francisco assessor was correct in
his contention.
Changes Names of Steamers
By Associated Press.
SAN FRANCISCO, June 4.— The Pa
cific Mall Steamship company has
changed the names of its steamers
Doric and Coptic to Asia and Persia,
respectively. The change is in accord
ance with the company's plan of giving
the names of oriental countries to Its
vessels.
WEDNESDAY MORNING, JUNE 5, 1907.
BROKEN HEART
BRINGS MAIDEN
GOLDEN SOLACE
Physician Is Assessed
$1500
Miss Louise M. Brlstow Awarded Judg
ment Against Dr. Delbert A.
Clark In Breach of
Promise Case
Fifteen hundred dollars for a broken
heart. That amount was awarded Miss
Louise M. Brlstow yesterday by Judge
Boardwell In the superior court to heal
her affections, wounded by Dr. Delbert
A. Clark, In a breach of promise of
marriage.
Miss Bristow, a pretty hairdresser
of Redondo Beach, sued for $20,000, but
Judge Boardwell, before whom the
case was tried without a Jury, was
evidently of opinion that the supply
of wounded affections 1b quite equal
to the demand, and not held at a
premium.
Or perhaps he thought that Dr.
Clark was entitled to a generous dis
count from tho price demanded by his
erstwhile fiancee because of the lengthy
courtship; nearly five years.
From laying bare the innermost
secrets of her heart, the fair plaintiff
did not shrink. To prove the perfidy
of her recreant suitor she brought Into
court huge stacks of his letters, tender
missives of impassioned love, all but
one, and in that one she read that un
less she would reveal to his sordid
gaze the bank book In which was re
corded a comfortable balance of $50,000,
he would repudiate all the affectionate
ardor depicted in the others.
It was after receiving this unlover
lke epistle that "My Own Darling," as
he had addressed her in most of his
letters, decided to see a lawyer.
Loved Her at First Sight
Clad daintily in white, with a gor
geous hat above her raven-black hair,
and her large black eyes flashing. Miss
Lrlstow tripped gaily into court and
waited for more than an hour while
her attorneys submitted for the court's
perusal twelve of the love burdened
messages.
Then with downcast eyes and in
plaintive tones she testified to having
met the defendant at San Pedro, after
first corresponding with him through
the agency of a matrimonial bureau.
That Dr. Clark was smitten at first
sight she was sure.
In fact he hardly waited until the
formal introduction was completed be
fore he proposed. Together they dined,
and after an evening of enraptured
bliss, together they walked tOj her home,
the doctor taking tender leave of her
at the door.
Thereafter, every single day and
sometimes twice a day, would come a
fond remembrance of his love.
Somehow he always managed to side
step an actual marriage, but for nearly
three years the courtship continued,
and progressed, so she thought.
Then one day, while the beatific ec
stacy of mutual affection was slightly
clouded by, bitter memory of their first
quarrel, the ardent doctor disappeared,
and for ten long lonesome months she
neither saw nor heard of him.
Inherits a Fortune
During this cheerless period just one
comforting incident was allowed the
lovely Louise. A sympathetic lawyer,
somewhere back in the east, wrote to
tell her that she had inherited a
fortune in the snug sum of $50,000.
In the course of a few weeks she
chanced to meet the lovelorn doctor on
South Spring street, and after the first
glad embrace she related to him in con
fiding tones the contents of the lawyer's
letter.
Quito true, it had a wonderful effect
in restoring to her lover his former
state of fond affection.
Once again the daily love letters re
newed, and unsuspecting she allowed
herself to be wooed anew. Surely, the
matter of her Inheriting a trifling fifty
thousand had nothing to do with the
renaissance of the doctor's passionate
love.
She knew that he loved her for her
self alone, and would still love her
whether she fell heir to $50,000 or even
$1,000,000 for that matter.
Refuses to Show Coin
After the money had been received
they spent many joyous hours together,
planning the spending of it. Just be
cause he brought up the subject every
time they met was no reason to sus
pect him of mercenary motives, and
they were so happy, too.
Despite the doctor's earnest en
treaties, she steadfastly refused to show
him the bank book,' but not until she
received that terrible letter was she
convinced of his duplicity, and deter
mined to seek redress in the courts.
The letter Is as follows: "Lou— Will
you act the fool and wait until I marry
some one with money? I don't care a
for a pennlles woman. Write me
at once. Del."
To this terrible array of damages
getting evidence, Dr. Clark made a
most perfunctory defense.
On the stand, and in response to a
question by his own counsel, he ad
mitted that he had contracted to marry
the plaintiff, but declared that it was
expressly stipulated in the betrothal
agreement that Miss Brlstow was to
pay him tho sum of $50,000, and that
as yet she had refused to do so.
Almost without further argument tho
case was submitted, and without de
lay the decision was rendered.
Accident at Smelter
By Associated Press.
BUTTE, Mont, June 4.— The collapse
of a flue leading to the great stack of
the Washoe smelter In Anaconda will
cause cessation of operations excepting
In the concentrator for from three to
five days. The mines in Butte will not
be closed. The damage is not stated..
Pass Utilities Bill
By Associated Press.
ALBANY, N, V., June 4.— The assem
bly today passed over Mayor McClel
lan's veto the public utilities bill. It
now goes to the senate.
MISSIONARY
IS ATTACKED
BY CHINESE
Disturbance Becomes
Serious— Many
Fleeing
Church Workers Leave
District, Flock to
Hong Kong
S. Pollard, a Methodist, Assailed by
Rebels and Terribly Beaten.
His Lung Pierced by
Weapon
By Associated Press.
LONDON, June 4.— A special dispatch
received here from Hong Kong says
Mr. Pollard, a Methodist missionary at
Chao Tung Fu, has been mercilessly
beaten by Chinese. His lung was
pierced by a weapon. The mission
aries are flocking into Hong Kong from
the Swatow and Pakhoi districts.
Chao Tung Fu is a city in th< north
east part of the province of Yannan,
China, with a population of about 50,
0. The Bible Christian Home and
Foreign Missionary society, an English
organization, has a station there which
consists of four missionaries, men and
women, a native worker, an elementary
school and a dispensary. The China
missionary list says that S. Pollard
and his wife are stationed at this city.
TEMBLOR ROCKS
SAN FRANCISCO
Earthquake Lasting Ten Seconds Felt
in Northern City — No Damage
from Shock Is Re
. ported
By Associated Press.
SAN FRANCISCO, June s.— An earth
quake shock lasting about ten seconds
was felt here at 12:27 this morning.
The oscillation was from north to
south.
No damage has been reported.
WORKMEN BATTLE
WITH STRIKERS
Non. Union Men Attacked by Mob of
Two Hundred — Police Use Clubs
Freely on Heads of the
Ringleaders
By Associated Press.
NEW YORK, June 4.— Two hundred
striking longshoremen, about twenty
non-union men and several policemen
had a pitched battle today on pier B
in Jersey City. One of the union men
was terribly gashed in the head and
two others also badly wounded were
spirited away by friends. Pistols,
knives and clubs and stories were used
in the encounter.
lt was started ■ when the non-union
men were on their way to work. The
other side of the pier held 200 union
longshoremen. When they saw the
non-union men. they charged on them.
The fight continued for hours and
ended only after all the leaders of the
strikers had ; been . laid low by the
clubs of the policemen.
. ■ i .-.< " ■ ■; • ♦-«-♦ ■
CONFEDERATE VETERANS
FORCED TO LOWER FLAG
By Associated Press.
WASHINGTON, June 4.— One hun
dred armed Confederate veterans from
Tennessee, carrying the stars and bars,
were today denied admission to the
United States capitol until after they
had lowered their flag and disarmed.
The soldiers came to Washington
from the Richmond reunion and after
visiting the White House marched
down Pennsylvania avenue to the cap
itol. The capitol police informed them
that they would be allowed admission
to the capitol only as private citizens
and not as an organized body. Con
gressman John Wesley Games of Ten
nessee, who accompanied the veterans,
entered protest.
The police insisted that the veterans
must break rank and disarm before
entering the building. Finally this was
done and the old soldiers were shown
through the building.
Circulation Managers Meet
By Associated PreßS.
MILWAUKEE, Wis., June 4.—Circu
lation managers of newspapers from
all parts of North America opened a
three days' convention here today, there
being about seventy-five delegates in
attendance. Papers prepared by John
S. Bishop of Salt Lake and others were
read and discussed.
SCHMITZ JURY
IS HELD UNDER
LOCK AND KEY
Sheriff Disqualified
as Guard
Twelfth Man Secured and Trial Will
Now Proceed — Night Sessions
Are Favored by Judge
Dunne 1
By Associated Press.
SAN FRANCISCO, June 4.— The jury
was completed this afternoon for the
trial of Mayor Eugene E. Schmltz on
the first of the five indictments re
turned against him by the Oliver grand
jury, by which he is accused Jointly
with. Abraham Ruef of having extorted
from Joseph ilalfantl $1176 as the first
installment of a $5000 annual bribe to
secure to the French restaurant keep
ers of San Francisco their licenses to
sell liquor.
Judge Dunne, upon motion of the
prosecution and over the determined
and spirited objections of the .defense,
formuiiy uioquailfiecl Sheriff Thomas
O'Neil and Coroner William Walsh as
unfitted by personal bias to perform
any court functions in connection with
the trial, and appointed William J.
Biggy an ellsor to have charge of the
Jury until a verdict has been rendered
or a disagreement reached.
Shortly after adjournment of court
Mr. Blggy— who for months past has
been Abe Ruef's Jailer — marched the
jury to the St. Francis hotel, where
the "twelve tried men and true" will
be kept under lock and key during all
the time that they are not seated at
the trial. Judge Dunne has decided
that the jurors shall have no newspa
pers to read relating to the case, they
may receive no general mail, nor may
they be communicated with by their
families except under the scrutiny of
the ellsor.
It Is the desire of Judge Dunne, now
that the Jury has been completed, to
hold night sessions, and tomorrow he
will hear suggestions from counsel as
to this. "I want this trial to go for
ward now," said the Judge, "with as
few interruptions and as much speed as
justice will permit."
The state hopes to put in all of Its
evidence this week. Former Police
Commissioners Hutton, Reagan, Drink
house, Howell and Poheim will likely
be the first witnesses called.
At the opening of the session this
afternoon one talesman remaining of
the Saturday venire, Royal W. Cud
worth, a coal dealer, answered his
name.
Get Twelfth Juror
Mr. Cudworth was called to the
twelfth chair for examination. He said
he had formed no opinion of the merits
of the case at bar. He was passed for
cause by the state. Under cross-exam
ination Mr. Cudworth said he knew of
no reason why he should not serve as
a Juror.
"Suppose," said Mr. Barrett, "the
newspapers of San Francisco should
demand and insist upon and clamor
for a verdict of guilty against Mayor
Schmitz, would you allow yourself, If
chosen as a Juror, to be swayed or in
any degree influenced thereby?"
The venireman's reply was simply
"no."
"It Is the right of this defendant,"
said Barrett, "guaranteed by the law,
to take the witness stand in his own
behalf or not to take It; if he takes
the latter course it must not be con
strued as against him. Now, if he
takes the stand will you give to his
testimony just the same evidence as
though he were not the defendant?"
"I would. 1 '
Mr. Cudworth declared, finally, that
if he were the defendant he would be
willing to be tried by men of his pres
ent frame of mind.
"Pass the juror," said Mr. Barrett.
At 8:27 p. m. Mr. Cudworth was
sworn as the twelfth Juror and the
Schmltz jury was completed. The jur
ors are:
L. Weil, department store buyer;
Paul Bancroft, real estate broker;
Charles H. Gish, contractor; James K.
Feltelberg, furniture dealer: George de
Urloste, commission merchant; John
O'Mara, blacksmith; Theodora Dell
wig, retired banker; Charles S. Capp,
real estate broker; James E. P. Ben
son, pressman; Thomas Elrlck, haber
dasher; Hugh Burns, retired coal mer
chant; Royal W. Cudworth, coal dealer.
Attorneys Wrangle
Assistant District Attorney Heney
moved an adjournment until tomorrow
morning at 10 o'clock. He called at
tention to the fact that all the wit
nesses had been excused until that
hour and said that the trial would
really be facilitated by an adjourn
ment because the Interim would give
the prosecution time for the arrange
ment of certain opening testimony.
The defense made no objection.
As adjournment was about to be
taken. Special Prosecutor Johnson ask
ed whether it was the intention of the
court to "keep the jury together dur
ing the trial." By this he meant "lock
up the Jury." To this Judge Dunne
replied:
"Yes, that's my Intention."
"Then," said Mr. Johnson, "I move
at this time for an order of the court
disqualifying the sheriff and the cor
oner of the city and county of San
Francisco and the appointment of an
ellsor to take custody of the Jury."
In support of this motion Mr. John
son offered half a dozen affidavits
identical with those similarly offered
some weeks ago at the appointment
of an elisor in the Ruef case.
Mr Barrett was on his feet in
stantly with a spirited objection to all
of this and the reading of the affida
vits in the presence of the jury. "We
object most positively," he said, "to
the proposal of the state that this jury
be placed under lock and key. The
defendant Is willing that these gen
tlemen, sworn to do their duty, should
go at large during—"
"This," cried Johnson, springing to
his feet, "is all rot and has no place
In these proceedings. We—"
"Elegant language from Arizona,"
sneered Barrett.
"Elegant language addressed to an
elegant gentleman," retorted John
son.
And while both of the attorneys
tried to talk intelligibly at once,
(Coatlnued on Pace Tw©.>
PRICE: SINGLE COPY, 5 CENTS; SUNDAY, 10 CENTS
LANE IS AFTER MAGNATE
FRANKLIN K. LANE
QUAKE IN CHINA
KILLS THOUSANDS
Reported That Great Disaster Has
Overtaken Hsing Klang — Empress
Dowager Orders Aid Sent
to Sufferers
By Associated Press.
VICTORIA, B. C June 4.— The steam
er Shawmut brought news of a disas
trous loss of life following an earth
quake at Hsing Klang. A telegram re
ceived from Peking by the Nlshi Shim
bun at Tokio shortly before the Shaw
mut sailed, reported that 4000 persons
were crushed to death, a vast number
of houses destroyed and many persons
left starving.
The empress dowager has telegraphed
urgent Instructions to the local gov
ernors to take measures to relieve the
distress.
SENATOR TILLMAN SAYS
HE WILL VOTE FOR BRYAN
Special to The Herald.
PHOENIX, Ariz., May 4. — Senator and
Mrs. Tillman and three daughters ar
rived here this morning, leaving with
Engineer L. C. Hill of the reclama
tion service for Roosevelt to examine
construction work on the Tonto basin
dam and to study reclamation in the
Salt river valley. Tillman refused to
discuss the political situation, but
made one significant remark: "If my
vote would make William J. Bryan
president of the United States he will
certainly get it."
Tillman discussed the negro situation
and promised upon his return to the
senate next session to do all in his
power to keep Arizona out of joint
statehood with New Mexico and to be
come an ardent advocate of govern
ment storage reservoirs for reclamation
of the arid west.
JUSTICE BEATTY STAR
WITNESS IN POLICE COURT
By Associated Press.
SAN FRANCISCO, June *--Chief
Justice W. H. Beatty appeared today
as the sVar witness in Police Judge
Shortall's court in the case against
Charles Benn, the driver of a sprinkling
wagon, charged with wetting the shoes
and the lower part of the jurist s trous
ers while he was riding on a Sutter
that he did not know
that he had wet anybody and that It
was a great surprise to him when he
was placed under arrest. _
Justice Beatty stated that he had felt
it to be his duty as a maslgtrate to
prosecute anything of this kind that
Beemed to be a menace to the com
fort and safety of the public, but that
he was convinced now that it was not
an aggravated case and hoped the
judge would be lenient. Ho said he was
not by any means vindictive, but had
done what he believed to be his duty.
Judge Shortall found Benn guilty and
announced. that he would impose sen
tence June 10.
OUTCOME OF SAILORS'
STRIKE SEEMS UNCERTAIN
By Associated Press.
PARIS, June 4.— The strike situa
tion still continues uncertain, but of
ficials of the navigation companies
are of the opinion that a general re
sumption of work is a matter of a
short time only. The decision of the
companies, made at the request of the
government, not to prosecute deser
tions, will have, it Is considered, a
good' influence on the men who still
waver The wen at several ports have
expressed a desire for continuation of
the movement, but the officers gener
ally are inclined to go back to work.
A dispatch received here from Cher
bourg says the Betevedores of the
trans-atlantic vessels have joined the
movement.
Capers to Be Appointed
By Associated Press.
WASHINGTON, May 4.— John C.
Capers of South Carolina will be ap
pointed commissioner of Internal rev
enue ad Interim until December 1,
when Pearl Wight of New Orleans
will become commissioner. Mr. Ca
pers is the member of the Republican
national committee from South Caro
lina.'
WILL FORCE
HARRIMAN
TO ANSWER
Commissioner Says
Magnate Must
Beply
Franklin E. Lane on
Trail of President
of S. P.
Attorney Frank D. Kellogg Retained
to Begin Proceedings Against
Railroad King— After
Coal Roads
By Associated Press.
WASHINGTON, June 4.— After a
conference with President Roosevelt,
Commissioner Franklin K. Lane of the
interstate commerce commission said
that before July 1 legal proceedings
would be instituted to compel E. H.
Harriman to answer certain questions
propounded him by members of the
commission at the recent hearing in
New York when the merger of the
Harriman lines was under investiga
tion.
Previous to his conference with the
president, Commissioner Lane had con
ferred with Frank B. Kellogg, special
counsel for the government In tho
Standard Oil prosecutions, and it was
arranged that Mr. Kellogg should rep
resent the government in the case to
be brought against Mr. Harriman.
The proceedings to compel Mr. Har
riman to answer the questions referred
to will be brought in the courts of the
southern district of "ew York. Wheth
er the prosecution or the defense should
win the decision, the case is expected
to be appealed to higher courts and
ultimately to the supreme court of the
United States.
According to opinions already ex
pressed by members of the interstate
commerce commission It may be a year
or even more before final decision can
be reached on these efforts to compel
answers to the questions to which Mr.
Harriman declined to respond. For
these reasons it was announced several
weeks ago that the commission did not
intend to await the result of these pro
ceedings before taking action on the
general subject of the investigation of
the Harriman lines.
After Coal Roads
By Associated Press.
WASHINGTON, June 4.— Attorney
General Bonaparte said today that he
had not yet had a conference with the
president on the subject of the pro
posed suits against the coal carrying
railroads, but It was his expectation
that he, with other members of the
cabinet, would meet with the president
within the next two or three days and
determine upon a line of action.
LOTTERY MEN GUILTY;
COMPANY IS DEFUNCT
By Associated Pres*.
MOBILE, Ala., May 4.— Thirty-two
men who pleaded guilty in the United
States court yesterday to an indict
ment charging conspiracy to cause tho
interstate carriage of lottery adver
tisements were sentenced today by
Judge Toulmln to pay fines amounting
to $284,000.
The defendants also agreed to sur
render for destruction all lottery books,
plates and other paraphernalia and to
Immediately dispose of the printing es
tablishment belonging to the Honduras
National Lottery company, located In
Wilmington, Del., and operated under
the name of the John M. Rogers Press,
where the lottery tickets have been
printed for many years.
With these pleas of guilty and the
surrender of all lottery material the
Honduras National Lottery company,
which is the successor of the old
Louisiana State Lottery company,
lissed out of existence, ending a long
endeavor of the federal authorities to
end it.
SONS OF REVOLUTION
CHOOSE NEW OFFICERS
DENVER, June 4.— The national so
ciety of the Sons of the American
Revolution today elected Nelson A.
Cleary of Chicago president-general to
succeed C. A. Pugsley of New York.
The other officers elected are: Vice
presidents, T. O. Avery of Buffalo; P;
W. Ames. California; W. H. Bayley,
District of Columbia; J. W. Whiting,
Alabama; Clarkson N. Guyer, Col
orado. Secretary-general, Howard A.
Clark. Washington; treasurer-gener
al WiUarl Secor, Iowa; chaplain
general, Rev. John D. Kendall of New
York; historian-general, Dr. R. W.
Slocum, Colorado. Forty-one trustees,
were also elected. The congress will
meet next year In "Washington.