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VOL. XXXIV. NO. 288. PRICE: r AI^ RR n Mo c^r RR HIEIIH lEII {65 CENTS OPENS ARTERY WITH KNIFE NONOGENARIAN PIONEER KILLS HIMSELF PREFERS DEATH TO SEEING HOME DEMOLISHED Thomas John Dye of Sunset Boulevard Anticipates Approaching Disso 1 ition — Attempt Made to Suppress Pacts Preferring death to seeing his old home dismantled by the wreckers paving the Way fnr the Harriman subway, Thomas John Dye, past 90 years, opened an artery With a penknife and bled to death before medical aid could save him. Though the venerable man's frenzied at tempt to curtail his fast-waning life was made Saturday no report of such a case reached the police or the coroner till the health department, inquiring into the meaning of "sulc selfoado" written Illeg ibly on the burial certificate, discovered that It was the Latin for "self destruc tion." An accommodating physician had taken this means of screening from an over curious public knowledge that the old man had hastened his declining years. It was done, he sald.Vat the son's request. As burial on the regular certificate took place yesterday morning before the facts leaked out awkward complications are likely to arise today. Dye lived at BHi Sunset boulevard twenty years In an old structure, rambling in architecture, flanked by verandas an:l barked by a hill through which In August graders for the Los Angeles-Pacific trolley line will pierce a tunnel. Artery Drained There, in an unusued room, the old man was found Saturday morning weak from the loss of blood, and a crimson penknife lay on the floor. Dr. S. A. Austin, who was called, said that every drop of blood in the man's arteries had probably been drained. He said, too, death from old age would have probably happened within a few weeks anyway, as Mr. Dye was poorly nour ished. To the nelghhors the case caused no sur prise, because several times In his loneli ness he bad expressed a wish to die so that he might he with his helpmeet who had passed beyond within the past year. Dye had become deaf, and as he was alone much of the time the shadows crept over him menacingly. With him in the old house lived his son, Charles T. Dye, whose grown son was also a member of the household. The only cither tenant of the landmark soon to be effaced was an aged woman living on the ground floor too feebleMo help and who last night seemed to be unnware of The tragedy of old age enacted in a room overhead. The late Mrs. Dye is said to have been ¦h Miss Cook and to have lived in Missouri and New York In year* past. In one of these two states the wife of Charles T. Dye is visiting now. Sorry He Sold Home Recently the elder Dye sold his Sunset boulevard premises for $20,000 to the Los Angeles-Pacific company, which has ac quired a private right^pf way to Templo .street for a tunnel. Though he parted with his property at what neighbors call a- fair price he rued the bargain the day after he affixed his signature to the papers. It was his death warrant, he had signed, he said, and the> prophecy proved true. The aged man drew more and more within himself, wa« seldom seen evvi on_the veranda, and when legal notice was 'sent him that before August 1 the premises must be vacated the old man prepared to anticipate fate. Dr. Austin was notified yesterday by the health department that he should have reported the case immediately to the cor oner. He said in reply he notified the undertakers, Bresee Bros., and that a cer oner's O X Bhould be procured before the permit was presented. It developed that the undertakers sent a man to the health office who was unfamiliar with city hall routine and those In charge there failed to notice the Latin phrase and assumed that "hemorrhage, exhaustion and Inani tion," given as causes and contributory causes, covered the case. Hence the per mit was issued, and by the time they made the discovery of mystery Bresee Bros, had interred the corpse in Ever green cemetery- Dye's age Is recorded as 90 years, 6 months and 3 days. He was a native of Kentucky, had lived in California twenty five years and In the same house twenty years. As far as known his son is the only heir to thej estate, which amounts to about $50,000. Decedent lived for a time on Jefferson street and recently sold his old holdings there for a small fortune. LOS ANGELES GIRL WEDS N ALASKA Special to The Herald. BERKELEY, July IB.— Letters from. Alaska bring ihe news of an interesting romance that has led to the wedding at Nome City of Miss Marie Dyer of Los Angeles and Herman George Martens of Berkeley. Rev. Dr. Wood of the First Congrega tional church was the officiating clergy man. The bride was beautifully gowned in cream chiffon over cream taffeta, trimmed with point lace. She carried a bouquet of Alaska-grown bridesmaid roses tied with pink tulle. The ceremony was performed under a canopy of white satin ribbons. The bridegroom, who is president of the Alaska Mercantile company, is the son of Mrs. Anna Martens of 2320 Webster street. His bride was a well known society girl of Los Angeles. The ycung couple met in Nome while Miss Dyer was on a visit to her brother, who is a prominent business man mere. Mr. and Mrs. Martens were, of course unable to take a wedding trip in Alaska! and they expect to make a visit to the coast in the very near future. BOMB EXPLODES NEAR AMERICAN EMBASSY By Associated Press. CONSTANTINOPLE, July 15.— A bomb exploded last night in front of the \ summer quarters of the American em bassy at Yen! Keui, a suburb of this city. Four persons were slightly lijured. Otherwise no damage was done. The author of the outrage has not been traced. Los Angeles Herald. MAYORALTY UNDECIDED San Francisco Supervisors Adjourn Until This Afternoon By Associated Press. SAN FRANCISCO, July 15. — The board of supervisors met tonight, but the mayorlty situation was not brought up. After the transaction of routine business adjournment was taken until 4 o'clock tomorrow afternoon. Subsequently District Attorney Lang don, coming direct from a conference with Rudolph Spreckels and Francis J. Heney. made the following statement: "We hoped to put a new and clean mayor in office tonight, but we're com pelled by circumstances to hold tho matter ovef until tomorrow. If our hope and expectations are realised the election of a successor to Boxton will take place at the adjourned meeting of the supervisors /at 4 o'clock. The con sent of certain interests to action de cided upon by us tonight must be ob luined and we expect to obtain it be fore tomorrow's meeting. After the election I shall have a detailed state ment for the public, explaining and clearing up many things about the mayoralty situation that until now we lmve felt It necessary to keep secret." GERMANY IS DRENQHED; MANY DEATHS OCCUR HEAVY DOWNPOURS CAUSE GRAVE DISTRESS Crops Are Utterly Ruined in Some Parts — Floods Are Especially Severe In Western Germany By Associated Press. BERLIN July 15.— From six to eight inches of rain have fallen throughout the greater part of Germany during the last three days, and as a result a number of rivers have overflowed their banks, car rying death and destruction in the sur rounding country. N" less than a dozen minor railroad ac cidents from washouts have been reported and dispatches coming in from the coun try traversed by the swollen streams re late i the destruction of crops, dwelling houses and out buildings. The floods are especially severe In West ern Germany. Casualties to the number of fifty have been reported, principally single persons caught by the waters, chiefly in the vil lages of Poland and Silesia. The capsizing of a boat near Berlin resulted in two deaths. Odar Out of Banks BRESLAU. July 15.— The Odar is well out of its banks. The water. Is three feet deep in the market place and neigh boring streets. Soldiers in the garrison have been or dered out to assist the fire department in building a series of dams to prevent the further spread of the flood. Immense damage has been caused to the merchandise and the warehouses on the river bank. The railroad station can be reached only in boats. Farm lands for a distance of 100 miles from Breslau are Inundated and the grape crop is ruined. Cattle have been swept away and several persons have lost their lives in the water. Poland Streams Overflow POSEN. July 15.— As a result of the ex ceedingly heavy rain of the last few days all the streams of Poland have overflowed their banks. The water is damaging the crops, a number of persons have been drowned and many small houses have been, carried away. Glatz Under Water GLATZ, Sicily. July 15. -Almost the en tire city of Glatz Is under water from the flood. The depth ranges from a few inches in some places to six feet in others. Traffic Delayed DRESDEN, July 15.— The Elbe and Westritz rivers are in full flood. The sta tion and the track have been damaged and traffic has been delayed. BEAUTIFUL MATRICIDE . BURIED AT PITTSBURG Special to The Herald, PITTSBURO, July ln.-Bertha Bell stein's ashes now rest in Voegtly cem etery, Troy Hill, near the graves of the father whose sudden death destroyed her mind, the mother she killed, and of the brother and the old friend of the family who killed themselves after me tragedy of eight years ago. The ashes were in a copper lined mahogany casket, six by eight inches. After brief services at the undertaking rooms of Joseph Voltz at 233 South High land avenue, yesterday afternoon, the undertaker and George F. Vogel, sr., N. A. Voegtly in a carriage, carried the ashes to the cemetery. There a shallow grave was rapidly dug and with bared heads, but with no cere mony, the casket was deposited and the earth replaced. TAKE DOWN WALLS TO GET WOMAN OUT By Associated Press. NEW YORK, July 15.— Mrs. Margaret McMahon, the biggest woman in New Jersey, Is dead at her home in Newark. In order that her body may be taken out of the house this morning for In terment, one of the window frames has been removed and sixteen inches of brick work at the side of it. It will take twelve men to carry the coffin to the street and as here is not a hearse large enough 'to Ijold it, it will have to be conveyed to the cemetery in a wagon. « Mrs. McMahon wolglied nearly 500 pounds. NEWSPAPER MAN DIES OF HEART DISEASE By Associated Press. OTTUMWA, lowa, July 16.— W. A. Lee, president of the Lee syndicate of news papers, Including the Ottumwa Courier, the Davenport I'lmes, the Muscatlne Journal, the La Crosse Tribune and the Hannibal Courier Post, died of heart dis ease today, at Nottingham, England, at trie home of his brother-in-law. Frank Mnhln, United States consul at that plaec. Appoints Postmaster By Associated Press. OYSTER BAY, L. L. July 15.— President Roosevelt .today appointed L.' C. Mo» Wards postmaster at Fullerton, Cal. / ZIMMER IS SENT TO JAIL JUDGE COMMITS WITNESS FOR CONTEMPT REFUSES TO GIVE TESTIMONY IN GLASS TRIAL Attitude of Second Vice President of Telephone Company a Serious Blow to Prosecution of Glass By Associated Press. SAN FRANCISCO, July 15.— The first serious blow to the bribery graft prosecu tion was struck by the Louis Glass de fense in open court today through Emlle J. Zimmer, second vice president and di rector of the Pacific States Telephone and Telegraph company, who first re fused to be sworn, afterward accepted the oath and took the stand, answered two or three questions put by Assistant Dis trict Attorney Henwy, then refused to testify further. Judge'Lawlor committed him for con tempt to the county jail "for "a term of five days and until the question -is an swered." Under the law as interpreted by the court, this means that Mr. Zlmmer must stay in jail throughout the progress of the Glass trial or until he signifies his willingness to testify. On Zlmmer the prosecution relied as its most Important witness against First Vice President Glass, accused of bribery. At the time this crime is alleged to have beert committed— March of 1901! — Louis Glass was acting as president and general manager of the Pacific States company, owing to the- death of President John I. Sabin. Testified to Grand Jury Before the grand jury Zimmer testified that Glass drew checks' for the bribe moneys claimed to have been paid to the supervisors, caused Zimmer to cash them and Instructed him to give the money to Agent Halsey and require from Halsey no voucher, merely carrying these thou sands of dollars on the current expense account. . Mayor Charles Boxton has told the Glass jury that he as a supervisor ac cepted $5000 from Agent Halsey to vote against an ordinance granting a rival franchise to the Home Telephone com pany, and on this and other strong foun dation stones the prosecution purposed today to rear the fabric of Glass' guilt. If Heney has other material at hand to substitute, the building of the case may proceed tomorrow. About that he refuses to talk. "We have no statement to make on any point at this time," is the way he put It to the newspaper men at the noon recess. Neither would Delmas, leader of the forces of the defense, say a word. It is admitted that the action of Zlmmer places a powerfully persuasive argument in the hands of the prosecution against the time of argument to the jury; but on the other hand the question Is heard: "If Heney cannot, replace Zlmmer will not the defense have strong grounds on which to urge an Instruction to acquit?" Zlmmer's refusal to testify was based on this statement by him: "The" grand jury has seen fit to Indict several gentlemen on evidence that seems insufficient; therefore I have decided to take this stand in order to protect my- He meant that he would avail himself of "his constitutional right not to be made a witness against himself," though In reply to questions by the court he averred that he did not fear hiß answer might tend to subject himself to a felony prosecution, or that it would degrade his character—the two grounds on which the law allows a witness the right to refuse to testify. Business Men Applaud New Herald Policy COMPLIMENTS for the new Herald and good wishes fpr its success under the new management and new policy were heard frequently In the business district yesterday, the first busi ness day since the new paper made its appearance. Business men generally expressed much Interest in the change, and sentiment was practically unanimous in favor of the course w^ich The Herald has mapped out for itself. Many men of high standing irr the com munity called up the editorial department over the telephone to extend congratula tions. Others discussed the change with their business friends and associates. All agreed that the new Herald has great business opportunities for good, and ex pressed the belief that these opportunities will be improved. Even men whose names are most often before the public through their activity in politics announced their satisfaction with the paper's new declaration of principles. Prominent Democrats, admitting that The Herald's course; had come aa a sur prise, still salt] that the good to be gained through a fearless newspaper, untram meled by corporate control and without strings of any sort, would more than coun terbalance the loss of a strictly party mouthpiece, Following are a few expressions of good will quoted briefly: Should Take the Lead H. Jevne. grocer; "I believe the announced platform of the new Herald Is right, and 1 feel confident the paper will be a credit to the city. I am glad to see It go ahead, because it is the oldest paper here, the paper that should take the lead in matters affecting the welfare of Los Angeles. "I have known Mr.-Glbbon many years and shall take pleasure In calling on him in the near future." Likes Local Independence George W. Grimes, vice president of Grimcs-Stassforth Stationery company: "The new Herald should be a success. My political affiliations are on the other side, but I like to see a good, clean Democratic paper nevertheless, especlai >y ono that Is independent locally. '; "I know most of the men whoso names have been made public in con nection with the new Herald company, and know them to be men of high abil ity, men from whom the community will expect much." Merits Strong Support W. A. Tufts, vie'e president Tufts- Jjyons Arms company: "New blood is a Hnocl thing in most business^ and should 'be a good thing In the newspuper busi ness. "The caver that always stands for the TUESDAY MORNING, JULY 16, 1907. ASSEMBLY COMES TO END Christian Endeavorers Close Conven tion After Big Day's Program By Associated Press. SEATTLE. Wash.. July 15.-The usual sunrise prayer meeting opened the final day of the Christian Endeavor conven tion this morning at 6:30. services being held In eleven churches— topic, "Wit neisefl for Christ; When, Where, How?" At Westminstrr church the subject was "Methods of Bible Study," led by William Phillips Hall, president of the American Bible league. At the First Baptist church the leader was Hiram M. Lathrop, treasurer of the United society rif Hoston; at Pilgrim Con gregational junior methods were dis cussed, led by General Secretary Shaw; at Swedish Baptist floating society work was talked on, led by George S. Higbic of Los Angeles; at United Presbyterian church Miss Ethel Plckett of Kansas City led, the subject being "Quiet Hour Conference;" at Welsh Presbyterian John T. Sproule of Arlington, N. J., led, the subject being "Tithing." Attendance Smaller The attendance al (Tent Williston and at the regular churchos during the flay was a little less than yesterday. At Tent Williston Rev. Tyler Q,f Denver presided, the subject being "Training of the Mis sionary Service at Home and Abroad." Many addresses were delivered by dele gates from various countries. At First Presbyterian church R. G. Banff of Wllllamsport, Pa., presided, the subject being the same as at the Tent Williston meeting. The non-evangelistic meeting at the Grand opera house at 12 o'clock was pre sided over by William I .illlips Hall of New York; Rev. j'ames A. Francis of New York was the lending speaker. In the afternoon, at Tent Williston, President Clark presided and many speakers on Christian endeavor, its op portunity, and kindrrd topics were heard, and similar services Were held at the First Presbyterian church. CHARGES MAN AND WIFE WITH MURDER PRISONERS AGREE TO RETURN WITHOUT EXTRADITION Chief of Police of San Diego Swears to Warrant on Telegraphic Advices from Illinois City By Associated Press. SAN DIEGO, Cal., July 15.— Acting on the belief that the attorneys for Fred erick H. Magill and his wife would start proceedings this morning for the release of the prisoners. Chief of Police Moulton went before justice of the Peace M. R. Thorpe and made complaint charging the pair with murder, based on the telegrams he has received from the sheriff of Dewltt county, Illinois. A warrant charging the pair with being fugitives from Justice was placed In the hands of an officer for service if the de fendants now in jail change their minds about going back to Clinton, Dewitt county, without trouble. Eugene Daney, their attorney, however, has assured the officers that there would be no attempt to stop the transfer of the prisoners to Clinton either with or with-j out extradition papers. Magill this morning telegraphed Sheriff Campbell of Dewitt saying: "Will return voluntarily without papers. Come after us at once." Attorney Daney has also telegraphed •the Clinton officials that if they will come direct to San Diego, Mr. and Mrs. Magill will save them the trouble and expense of a trip to Sacramento by re turning to Illinois without extradition papers of any kind. The prisoners still decline to talk to newspaper men and say they have nothing for publication at this time. best man In looal politics will merit and, I believe, will receive strong support. "There are strong men behind the new Herald and it should be a strong paper." Admires Sturdy Democracy Arthur Forrester, secretary and treas urer of E. A. Forrester Ar Sons, Inc.: "There should be a place in Los Ange les for a sturdy, independent Democratic paper. At the same time I should like to see a strong paper, Democratic all the way through. Such a paper would tell us Republicans when we nre wrong and would serve to keep us on our mettle. "It is just like competition In business, a good thing. The political party that has things all its own way seldom be haves Itself. "I know the men who form the new Herald company and know them as men of ability in the lines In which I have met them." Admires New Platform Al Flournoy, manager People's theater: "I'm for the new Herald. I haven't been In Los A'lgeles long, but I have been here long enough to know that there is a place here for a paper conducted along the lines set forth in the new Herald platform. "I always have liked Ihe Herald. It always has been a good paper. "My best wishes to the new owners and hopes that they may- succeed In making the paper even better In the future than it has been In the past. A>id that, as one of my stars says, 'Is a going some.' " Dislikes Bass Drum Journal Jesse O. Smith. Lyon, McKinney, Smith company: "I am much pleased with the new appear ance of The Herald. I thoroughly believe In a conservative press; and The Herald, ANNOUNCEMENT | All th,e capital stock of The Herald , company, the corporation which owns t and publishes The Los Angeles Dally J Herald, has recently been purchased J from the former owners by parties ' who have no connection with any < other newspaper in Los Angeles, and , who have taken over and own and ', control ABSOLUTELY and INDI- * VIDUALLY, and NOT AS TRUST- \ ES, every share of the issued and ' outstanding capital stock of the cor- J poration. 1 TOKIO NOT INTERESTED DISCREDITS ARREST OF FORT SKETCHER THINKS FRIENDLY RELATIONS TOO DEEPLY ROOTED Korean Question Worries Government and Suppression of Intrigues Is Uppermost in Its Mind By Associated Press. TOKIO, July 15.— The news of the ar rest in America of a Japanese officer in the act of sketching Fort Rosecrans, which Is totally discredited here and would ordinarily have Invited angry com nirnis against the source of Information, Is quietly left without editorial comment In the leading Japanese papers. The explanation of this attitude may be sought in the fact that, despite the war talk which Is being transmitted here from America, the impression continues to pre vail that the friendly relations existing between the United States and Japan are too deep rooted to be destroyed by nny antl-Japimrsp sentiment, which, however loudly voiced, is known to be limited to a small section. The presence in the United States of Admiral Yamamoto at this trme is con sidered to be most kindly, and the cor dial reception accorded him by President Roosevelt Is profoundly appreciated as forecasting a satisfactory solution of the labor question. Busy with Korea Moreover, the Korean question Is now claiming the foremost attention, almost to the exclusion of all qther topics. The press, however, is generally re fraining from any suggestions In defi nite form, and even the opposition pa pers are withholding concrete- expres sions and opinions. It may safely be said the whole nation is confidently trusting Marquis Ito and Foreign Minister Hayashl to deal with Korea In such a manner as to extermi nate the last element of hostile intrigues against Japan, with the full support of the powers. In this connection the fact is recalled with appreciation that when the protec torate over Korea was signed the United States was the first, to notify Toklo of the withdrawal of its legation from Seoul. JUDGE PARKER HAS NARROW ESCAPE By Associated Press. NEW YORK, July 15.— Friends of Judge Alton B. Parker heard today that he had a narrow escape from death in Virginia Satin-day night. While riding on a train between Nor folk and Richmond, a bullet crashed through the window besidn which Judge Parker was sitting, and embedded itself In the woodwork of the opposite side of the car. It could not be ascertainec 1 . who fired the shot. USES BED TICKING TO HANG HIMSELF Tty Associated Press. STOCKTON, July 15.— Patrick Tierney, 26 years of age, committed suicide at the state hospital here last night with a rope made of bed ticking, which he tied about the window grating. The coroner's jury decided that he sui cided while insane. The deceased, who was committed from San Francisco last February, leaves three married sisters In that metropolis. in its new form, gets away from the bass drum methods of the other morning papers. My best wishes are extended to the management. "If the announced policy is carried out honestly and consistently I believe that the paper will Increase rapidly In in fluence and circulation." Good Luck to Herald B. Desenberg, manager the Central dc partment store: "I certainly believe in non-partisan news papers, and I am glad to see The Herald purposes to take this stand In local af fairs. In my opinion a newspaper should make as hard a tight nationally for its ticket as It pleases, but in local politics it should know no Democrat and no Repub lican. "In my home town in Michigan I was a director of the Municipal league, a non partisan organization, from the time it was founded. We thought we had the newspapers with us, but after the old line nominations were made we found our mistake. "Good luck to the non-partisan Herald." Attorney Foresees Success M. J. McGarry, attorney at law "I think the new Hernld should succeed, and I certainly hope it will. Of course I would like to see a straight Democratic paper in Los Angeles, hut we can find no fault with a paper that supports the b^st man for local office, provided it does not Sight a man merely because he is a Demo crat; and that, of course The Herald will not do." Sees Place for New Herald A. M. Parsons, real estate man "In the past I have doubted whether there was place in Los Angeles for three morning papers, but The Herald, in its new form and under new management, may make me change my mind. "I will, say this: There are many busi ness men In Los Angeles who have been patronizing the other morning papers not because they like them or their policies, but because they felt they had to do it from a business standpoint. Doubtless many of them would like nothing better than to see The Herald forge to the front." Wants Herald to Prosper* Henry Lyon, councilman Seventh Ward; "1 read The Herald every day, as do most of my friends, and I hear only kind words for it. The change in control has caused much favorable- comment. W r e want to see The Herald go ahead and print the news correctly and fairly, as it has done in the past. I believe that it will under the men now in charge, who represent the best citizenship." SINGLE COPIES:. •JS^^MSi' ARRANGE FOR REPAIRS Southern Pacific Will Fix Break In Buena Vista Levee By Associated Press. BAKERSFIELD, July 15.-Arrange ments have been made by the land com pany with the Southern Pacific to do the work of repairing the break in the Buena Vista levee, and work wan started today, with a gang of ninety men and the South ern Pacific regular pile driver outfit. Materials were taken yesterday to Gos ford station, where they were unloaded and will be hauled to the levee. The outfit included the Southern Pacific pile driver, forty-foot piling and 25,000 sacks which will be filled with sand and gravel to stop the flow of water. Loose piling will first be driven across the break In two rows, and on this an Im provised platform will be constructed, the whole forming a bridge across the break. On the bridge a track will be laid and a hand tram car will be used to carry material to any part of the break needed. MAKES SWEEPING DENIAL Standard Oil Company Files Answer to Injunction Proceedjngs By Associated Press. ST. LOLIS, July 15.— Attorneys for the Standard Oil company of New Jersey and Its seventy subsidiary corporations, against which the government has insti tuted injunction proceedings, filed an an swer in the United States circuit court today to the portion of the complaints in the original bill to which the defendants have made exception. The answer specifically denies each and every allegation of the government that the Standard Oil company, its subsidiary corporations and the individual defend ants have formed any conspiracy or com bination in restraint of trade. The filing of this answer is the last formality In court prior to the taking of testimony in the case. TELLS REASON WHY DREYFUS RESIGNED By Associated Press. PARIS, July 15.— The Patrle today says the reason for the recent resignation from the army of Major Alfred Dreyfus, the former captain of artillery who was sentenced on a charge of treason to im prisonment on Devil's island, was be cause General Picquart, the minister of war, refused to give him the rank of lieutenant colonel. According to the newspapers Dreyfus thought that In addition to receiving back pay for the years he spent on Devil's is land, and the decoration of an officer of the Legion of Honor, he should be pro moted to the rank he would have held had he continued to serve in the army. General Picquart thought It would be Impolitic to reopen the affair by making this promotion and therefore Dreyfus re signed. Dreyfus has not as yet issued any statement. WANTS FUEL COMPANY TO RETURN ITS LAND By Associated Press. DENVER. July 15.-Charged with hav ing fraudulently acquired coal lands in Gunnison county, Colorado, by means of dummy entries, the Utah Fuel company, owned and controlled by the Denver & Rio Grande company, and its officers are made defendants to a suit filed in the federal court today by United States Dis trict Attorney Earl M. Cranston, seeking the recovery of the land and a reason able price for all coal mined In It. The complaint avers that the govern ment greatly fears that other lands may be grabbed by the fuel company's agents, and asks for an injunction to prevent such seizures. HIS TERM EXPIRES; ARRESTED FOR MURDER SAN FRANCISCO, July 15.— James Courtney, alias Leadvllle Jimmy, consid ered by the police to be one of the most desperate criminals ever In a California penitentiary, was rearrested today upon being discharged from San Quentin, where he had served a term of six years on a charge of manslaughter for the murder of Policeman E. C. Robinson In January, 1902. B>- Associated Press. Courney was arrested upon request of the police of New York, where he is wanted for the murder of Clara Engle hard, which occurred In 1901. Officers are expected to arrive in a day or two to take him east. FLOOD DRIVES MANY TO HIGHER GROUNDS Bj Associated Press. DES MOINES, lowa, July 15.— Forty or fifty families have moved from the bot tom district of Dcs Moines to higher ground. The Dcs Moines river is higher than It has been since 1903, when hundreds of families were driven from their homes. A rise of seven feet will break the levee. Ten acres of lowlands are under water, but the river is stationary. The rainfall Sunday night was 3.83 inches, but lesser rains up the river re move the possibility of general danger unless hard rains continue for two or three days. FORECAST For Southern California — - Tuesdny, llifht east wind, cbaiiig- ¦ Inn to west. Maximum tempera- - ture In I<ua Angeles yesterday, 75) minimum, 61. TABLE). OP TEMPEKATUn.ES v Temperature. ¦ City. Mln. Max. I.oh Angeles ......... 75- 61 BoNton 58 74 HiHViiln 70 84 • CharleMton 74 86 - ChlenKO .............. 72 80 Cincinnati 70. 84 Cleveland «6 78 Diilutli . . > 78 i:i Paso OH KM GulveNton ' ha Nil Kansas City .......... OS 84 I II 1 1. nock... 711 »0 New Orleans ......... 74 IN) New York' (lit 80 Oklahoma 74 88 Orauha 02 si Phoenix . .' 74 100 '¦ PlttMburK 70 86 Portland, Ore ........ r.s KM Reno ¦ ... 42 78 St. I, null. ¦ 62 84 St. Paul :....' «2 82 Sun Antonio 74 06 San : Dlcko ........... 64 70 Sun 'Francisco ........ 52 60 San' I. ills ObUpo ..... .1« 70 " Spokane 46 . .72 ' . • TiU'Oinn 52 416 -\VuMhlnKton •: ; i . . ..... 64 84 : ,Yum« & . ... . . :-.'. : 7." .~:~':,x 02 s? 100 X , . ,¦ ¦;¦,.; : -.' ¦¦• ¦ ¦¦ :..-. - -.: . 8 ARE DEAD; 13 INJURED AMMUNITION EXPLODES ON BATTLESHIP THREE OF INJURED ARE IN VERY CRITICAL CONDITION Lieutenant and Sailor Jump Into Sea with Intention of Drowning and Ending Terrible Suf ferings By Associated Press. BOSTON, July 15.— With eight of her officers and crew dead and thirteen oth ers either dying or suffering from terri ble burns received In an explosion of powder in the after superimposed tur ret, the battleship Georgia steamed slowly up Boston harbor from the target practice grounds in Cape Cod bay late tonight and landed the dead and injured men at Charlestown navy yard. With the arrival of the Georgia there became known the details of the most terrible naval accident that has ever taken place along the coast of New England. The accident occurred shortly before noon today while the Georgia's crew were at target practice off Barnstable, In Cape Cod bay. In some manner, as yet unexplained, two bags of powder became ignited and In the terrible flash that followed the entire turret crew, consisting of three officers and eighteen men, were engulfed In tire and received horrible burns, one officer and five men dying before the ship reached port. The victims of the accident are: Dead: GOLDTHWAITE. FAULKNER, mid shipman, Kentucky. THACKER, W. J., turret captain, Wil mington, Del. BURKE, W. J., seaman, Quincy, Mass. HAMILTON, GEORGE G., "ordinary seaman, South Framingham, Mass. MILLER, GEORGE E., ordinary sea man, Brooklyn, N. Y. THOMAS, WILLIAM M., seaman, Newport, R. I. PAIR, WILLIAM. Brooklyn. GOODRICH. LIEUT. CASPER, Brook lyn, N. V. ; burned fatally. Seriously injured: Cruse, James T., midshipman, Ne braska; hands and face burned, very se riously. Schlapp. Frank, boatswain's mate, second class. North Adams, Mass. ; back, chest, arms and face burned. Hanfell, Charles, gunner's mate, first class. New York; face and hands burned. Taglund, Orley, «hief yeoman. Rich ford, Minn. ; arms, back and face burned. Walsh, Ed. J., seaman, Lynn, Mass.; chest and face burned fatally. Bush, John A., ordinary seaman. New York; face, arms and chest burned; pos sibly fatal. Eich, Charles L., ordinary seaman, Frankfort. Ind., face, arms and hands burned. Fone. John A., ordinary seaman. South wick. Mass.; two-thirds of body burned. Gilbert. Harold L.. ordinary seaman, Southwick, Mass.; two-thirds of body burned. Maleck. John C, ordinary seaman, Cleveland, Ohio: arms and face burned. Meese. Louis 0., ordinary seaman, Be rea. Ohio; arms, face and chest burned. Rosenberger, Samuel L., ordinary sea man, arms and face burned> Thomas. James P., ordinary seaman. Brooklyn, N. V. ; face and arms, chest and back burned. Other men received minor injuries. Their names were not given out and they were not taken off the ship. The explosion occurred after the super imposed turret where the men under command of Lieut. Casper Goodrich, son of Rear Admiral Goodrich, commandant of the New York navy yard, and Midship men Faulkner Goldthwaite and James T. Cruse were operating the 8-lnch guns. Ammunition Explodes The guns in the forward turrets had finished eight rounds of practice and the guns of the after turret had fired one round. y Two cases, as the big 100 pounds of powder are called, had just been sent up through the ammunition hoists and were in the arms of the loader, whose name was withheld by the ship's officers. The loader stood at the breech of one of the 8-inch guns, ready to Insert the charge. At this Instant the turret was seen to be smoking and two men who stood near the loader saw a black spot on the bag indicating that the charge had Ignited and was smoldering. The loader discovered the spot at the same instant and threw himself forward on his face, at the same time shouting a warning to his turret mates. The other men who had seen the smoke were Eich and Hansell, and they also threw themselves on the floor of the tur ret. Before the other men In the turret could understand what caused the load er's cry of warning there was a blinding flash as the burning powder exploded. Flames, smoke and nauseous gases filled the little superstructure, where more than a dozen men were confined. As the powder was not confined there was no report, nor did the vessel suffer any injury, but every nook and corner of the turret was filled wtlh flames. Loader Badly Burned The loader, who was of course nearest the powder, was terribly burned, as waa every other man In the turret, with the exception of Eich and Hansell, who, al though scorched, escaped with injuries much less severe than the others. Blinded by the smoke and flames, choked by the acrid, penetrating, gaseous fumes, and maddened by the pain, the men screamed in agony. Some staggered blindly about the lad der to the hatchway in the top of the turret, while others crept along the tur ret floor, begging piteously for assistance. Lieutenant Goodrich and Seaman Malek became crazed, staggered up the iron lad der to the top of the turret, and threw themselves headlong Into the sea, in a despairing effort to choose a death by drowning in preference to the death by slow, fire. When the smoke of the burning powder had cleared away the shipmates of the unfortunate men rushed to their assist ance, and tenderly the suffering sailors were lifted out of the fire blackened tur ret and quickly conveyed to the ship's hospital, where their burns were dressed by the surgeon. In the meantime Lieutenant Goodrich and Seaman Malek had been rescued by a launch that was returning from, an in spection of the target. The surgical staff of the Georgia was soon reinforced by the surgeons of the other vessels in the fleet, who had been (Continued en I'«a;c I'm,)