Los Angeles herald. [microfilm reel], December 03, 1907, Image 1

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

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the News
JrKH^Hi. i»Bii month *"„ LiL ' i 10
vat. xxxv.
\I MIIKII Hi
JURY IN BRADLEY CASE FAILS TO AGREE; LOCKED UP FOR NIGHT
COLLEGE BOY
ARRESTED FOR
MURDER, FREE
GRAND JURY REFUSES TO
INDICT KLEINSCHMIDT
EVIDENCE AGAINST UNIVERSITY
STUDENT WEAK
Berkeley Sleuths Fall in Their Effort
to Fasten Guilt for Death of
Bellows Upon His
Companion
By Associated Precs.
BERKELEY. Dec. 2.— The Alameda
county grand jury tonight refused to re
turn an indictment against Harry Kleln-
Bchmldt, the wealthy young college stu
dent who has been held In a cell at the
county jail for two weeks under an
"Information and belief charge of mur
dering Frank Bellows, iiied by Cetect.vo
Henry Jamieson of Berkeley.
The decision of the grand Jurors was
nrrlved at after an all day session, dur
ing which they examined nearly forty
witnesses whose statements had been
taken by the chief of police and .he
district attorney since the Investigation
o'clock Foreman Charles Ingler
sent for District Attorney Brown and an
nounced that the jury had decided not
°Mr! Brown at once informed the wait
ing newspaper men of the result. He
said: "This ends the case In so far as
my office is concerned."
Continuing, Mr. Brown said: 'Unlei
the evidence as it was presented I think
the grand jury did everything Pos^ble.
I shall not pursue the case f">-thei
Kleinschmidt will no doubt be released
tomorrow morning when the habeas cor
pus proceedings Instituted by his attor
neys comes up for decision before Su
perior Judge Harris Blanche Kerfool
Sid not testify today, but I do not think
hor testimony would have made much
difference."
'¦'c Vollmer's Case Failed . _
pale and . haggard and had no inkling or
he said, "I have been ordered not^to talK
«c raw "r» -a
said : with a return to college slang, Is
this the straight dope?, ... .;¦;.
the corridor to his cell. . . ' ;
Rejoicing at Home
At «h<> Kleinschmidt mansion in Clare
m ™t the news came as a audden surprise
the 'ponce ta.k I thought
they would force an indictment but I
hrourtit up right. Not one of my boys
couW I have done such a horrible thing
w has been charged against Harry."
Denuty District Attorney Carey ex-
Blalned tonight by saying the witnesses
d d not tell the same stories in the grand
lurv room that they told the chief Oi
iolice in the original Investigation.
P Now that Kleinschmidt has been purged
of aU suspicion of guilt he will probably
re-enter college. He is a member of the
M» class, college of mines, University of
California.
Kleinschmidt Released
T>ate tonight Kleinschmidt was released
from the county jail on order of District
Attorney Brown. He at once went with
his attorneys to his home in Claremont,
Berkeley. The young man was given
his liberty on his own recognizance, un
der promise that he would appear In
court tomorrow whon the habeas corpus
case Is called. .._ _ m
FOUR ARE MURDERED
ON AN OREGON RANCH
Ey Associated Press.
84LEM, Ore., Dec. 2.— News reached
hero today of the murder of four persons
on a ranch near Macleay. The bodies of
a Mrs. Casteel, her daughter, aged H\
her son aged 19, and the foreman of the
ranch a man named Montgomery, aged
&0 were discovered In the burned ruins
of their abode, in what Is known as the
Hurst ranch.
Just how they were killed may never
be known, owing to the charred condi
tion of tho bodies, but from the fact that
a shotgun and bloodstained hatchet were
'found near the place It is surmised that
those weapons were used.
From the best evidence at hand it would
seem that the killing was done by tramps
bent on robbery, who afterward fired the
house to give the impression that tho
victims had been accidentally burned to
death. ¦
Juror 111, Walsh Trial Delayed
By Associated Press.
CHICAGO. Dei. 2. — Tho trial of John
R Walsh on the charge of having mis
appropriated tho funds of the Chicago
National bank, was today Postponed
until December 0 because of the Illness
of Juror B. J. Watldn*
Los Angeles Herald.
BRYAN THE ONLY
MAN, SAY 44 OUT OF
76 U. S. SENATORS
Many Leading Democrats Say Nebras.
kan's Statement That He Will
Accept Nomination Bars
All Others
By Associated Press.
NEW YORK, Dec. 2.— Out of seventy
six Democratic senators and, representa
tives polled In Washington by the New
York World, forty-four declare unequi
vocally that the recent statement of
William J. Bryan that he Is a candidate
for the Democratic nomination for the
presidency eliminates all other candi
dates. Practically all of them believe
that he should run on a conservative
platform, a'though there Is a wide dif
ference in c pinion as to what that plat
form should be.
Of those who do not consider that
Bryan Is the only man one, Senator
Ransdell of Louisiana, Is definite in
naming a candidate. He come 3 out flat
footed for Governor Johnson of Minne
sota.
STEAMER IS WRECKED;
FIFTEEN BELIEVED DROWNED
By Assocl?te<? Press.
SPOKANE, Wash., Dec. 2.— A Cover
d'Alene City special to the Spokesman-
Review says that It Is believed here to
night that the steamer Defender was
wrecked on a reef a mile and a half from
Mica bay, in Lake Coeur d'Alene tonight,
and that fifteen passengers and the crew
were lost. The lake Is covered with a
thick fog and boats will not venture out.
it is thought that the passengers were
mostly lumber jacks on their return from
the camps. The Defender's whistle was
heard blowing a distress signal, and a
steamer lying in Mica bay answered the
call, but got no rejoinder.
The steamer carried no lifeboats, but
had a few life preservers. Experienced
navigators believe the Defender struck a
dangerous reef which exists near Mica
bay and was so badly crushed that she
sank after whistling furiously for aid.
Summary of the News
FORECAST
For Los Angeles and vicinity:
Fair Tuesday, not so warm; light
northeast wind, changing t west,
em. Maximum temperature yes.
terday, 85 degrees; minimum, 55
degrees.
¦'¦'¦• ¦¦-....¦ LOCAL '"'"¦' \
', Saloonkeeper mulcted patrons, refusing
to give change fo» checks, is charge. „ (
New bookkeping system for auditor's
office is ready to go into effect. . ;
j Sentenced to 1 160. days on chain gang,
vagrant ¦ walks from court room to , lib
erty. >' ; ; ' : ' ¦' ,'.,-;¦,; ..'•._;,'•.. ' ;¦¦ ¦; ; . ¦:• :.
Noted musician will take part in pro
duction of "Elijah" oratorio In January.
Cartwrlght anti-trust ' law is ', held . de
fective by sustaining of demurrers of ice
trust. :¦:.'•¦•'•;¦."¦;¦'';'-.', ,;¦,¦*"¦¦;. '.¦¦,.; ¦'• ; '•¦•„ ..¦;. v,
. Resetting of cases keeps courts busy on
first day of. sessions after holidays. V. 1
Body of Father P. M. Bannon removed
to St. Vlbiana's cathedral. v . : ,
Christian ministers at monthly meeting
discuss varied topics. ;,., . , ¦. :¦; •. ¦ .
. Spencer 'K. ¦. Seward ., appointed . charity
inspector by board of supervisors.. \
Mitchell, accused of slaying patrolman,
is not Lauman, prisoner, declares Robe. (
' Divorced wife alleges long standing plot
to mulct her of community property. • ,
:•;•:¦' \ : ;0V •:''." coast : '
| "War against Nevada . smelter trust Is
spreading throughout Nevada. , . .
.•Ford trial In Ban Francisco is resumed;
prosecution completes evidence, defense
declines, to ' introduce testimony and ar
guments are begun..' V. . .", :'..,' '¦*
, Berkeley university I student accused |of
murdering . schoolmate ' goes I free, me
grand jury having refused to indict him.
. Rapid progress is made in the trial of
George ' PeLtibone In Boise. ¦ ; '
.' Members of San Francisco's prize light
trust are indicted by Oliver grand Jury.' '
;. Four ' persona . murdered by tramps on
a ranch in Oregon. ¦ ¦ • .'
Employes testify In behalf of Southern
Pacific, accused in San .Francisco ', of
cruelty .to animals. ; ; '•'" : : '•'.''
San Francisco court blocks attempt of
city to own and operate the Guary street
railroad. ¦. „ -.. ¦„'•¦'¦- ¦.! ' V. .''.. • ¦ ¦ . »'s!
. ¦ Luther Brown of Los Angeles and Por
ter I Ashe of : San Francisco . ask that
charges ; against them : for alleged kid
naping of Fremont. Oluer be dropped.
Laborers employed by i the Home Tele
phone company In San Francisco declare
a strike when their wages are reduced. !
EASTERN ., ;-
Jury in case of Mrs. Bradley, on trial
In Washington for murder, falls to agree
and •is .' locked , : up for i, the night. . '
' I Sixtieth . congress convenes; i session is
in nature of society event. : . ' ;.' ; , :
,", Forty-seven ; coal '. miners t are believed
to ; have : perished , as ", result ' of a. mine
disaster in Pennsylvania. .;¦;¦; ; ¦ : ' ' :
:': Michigan bank In which large. amount
of ' state funds were deposited •Is ¦ forced
to X suspend. .¦•. ¦ ;; .. ¦¦. - .' : .:, ;¦ .¦ ¦' . ' ¦¦ .-:• ¦¦' •; ' ¦¦'¦ .
: Witness against Caleb Powers, on. trial
in .Kentucky for Goebel murder t is proved
to have i been drunk. .-, - ' ,¦ , .• '' •• ,
¦'; Kansas City editor, shot by an employe,
dies of i wound. .;'.-. '-• ¦'„¦ >.' .
:i Recommendation ) is ; made ¦in Washing
ton ' that 1 constitution ': be amended , so us
to stamp out peonage in the south. ,;..?.;
', "Bryan is tho only man," is the ex
pression of ; many senators regarding the
Democratic '; presidential nomination. : \p< -
.:'¦¦¦;"¦; _.';'•.'.' 'p;'-l FOREIGN.* ' ',' ¦'¦/
| Many Russians are sentenced to death
as ' result |of ' rtcent mutiny .at Vladivo
stok; many others are sent to the galleys
and still others are Imprisoned, for long
terms.' ¦" "' : . •".•'.¦ ' ¦.". ,'"..¦¦¦¦"-,•••• ' •¦¦
.*.¦ Sentence Oof. Karl Hau, ' convicted In
Germany' of murder, :is commuted. to >!fe
imprisonment.^! '. j ;' f. " • . ' : , ¦; , . , •
V. Czur reads j dumas, address , with' cold
ness, failing jto i enthuse i over ; expressions
of | loyalty made 'by •! members f of • parlia
ment. .-:¦,:;¦ ' ;•,;; ¦:- ¦ '¦•¦¦;
TUESDAY MORNING, DECEMBER 3, 1907.
SIXTIETH
CONGRESS IS
CONVENED
OPENING IS MADE A SOCIETY
AhFAIR
CANNON AND WILLIAMS ARE
CHEERED IN HOUBE
W. J. Bryan Appears and Is Given an
Ovation by Democrats — Many
New Faces In Both
Bodies
By Associated Press.
WASHINGTON. Dec. 2.— A brilliant
scene characterized the meeting of the
sixtieth congress today. In the senate
and house there were notable gatherings
in the galleries of representatives of the
official society of the capital.
The coming together for the first time
of the men who have been elected to the
senate and tho house, about 100 of whom
have not before served in congress, made
the occasion one of particular interest.
The striking scenes of the day were in
the house of representatives, where the
formal selection of Joseph G. Cannon
again to be speaker of that body, and the
designation by the Democrats of John
Eharp Williams as their leader, were oc
casions for ovations for those men. The
vast hall of the house of representatives
rang with the cheers of Republicans and
Democrats for their leaders, and the
speaker received as warm a reception
from the minority as he did from his own
party.
Bryan or. Floor
The appearance of William J. Bryan on
the floor of the house also was the occa
sion for enthusiastic cheering by the
Democrats.
Vhen the adoption of the rules for the
government of the house during the six
tieth congress came up the rules of the
last congress were opposed by John
Pharp Williams, and he was joined In the
opposition by Democrats and by a single
Republican, Mr. Cooper of Wisconsin.
The old rules were declared to be too
autocratic, placing too much power In the
bands of the speaker, but after a some
what acrimonious discussion they were
adopted by a party vote.
Committees were appointed by both
houses to inform the president that con
gress had met and was ready to receive
ny message he might wish to communi
cate.
New senators and representatives were
sworn in, and both houses adjourned out
of respect to the memory of members 1 Who
have died during the recess of congress.
WASHINGTON, Dec. 2.— The vote on
the speakershlp resulted: Joseph Cannon,
297; John Sharp Williams, 154.
When the applause had subsided
Speaker Cannon said:
"The fundamental principles of free
government, eternal and unchanging, rest
on the will and responsibility of the peo
ple and are put In action through the de
liberation and conscientious representa
tives of that will.
"'Other departments have lofty and im
nortant functions, but to this house alone
belongs the peculiar, the delicate and the
all-surpassing function of interpreting and
putting in definite form the will of the
people.
"So far as the duty of organizing this
house shall devolve upon me I shall en
deavor to perform the duty in a way Jus
tifying the confidence which your selec
tion implies, and to promote the great
I.urposes for which we are assembled.
But the duties of the hour rest not alone
on myself. They rest on each one of you
individually, and on your Integrity, wts
dom and conservatism the' people are re
iylng as well as on mine."
The oath was then administered by Rep
resentative Blngham of Pennsylvania,
"the father of the house," and in turn tho
speaker administered tho oath to the
members, who lined up in front of his
desk in groups of twenty-five.
Oklahoma There
When Oklahoma was called the Demo
crats applauded tho representatives from
the new state, who bowed their acknowl
edgements.
The Republican and Democratic caucus
appointments of the house officials then
were presented and the Republican nom
inees wero elected.
The' first fight of the session was in
augurated by Representative Williams,
who protested against the adoption of a
resolution making the rules of the last
house the governing laws of the present
house. Mr. Williams asserted that too
much power was concentrated In the
hands of the speaker.
To the delight of the Democrats Repre
spntative Cooper, Republican. Wisconsin,
expressed approval of what Mr. Williams
had said and added that the power given
the speaker was both unrepubllcan and
undemocratic. Mr. de Armond asked the
members why they desired to enslave
themselves under such rules.
"Now is the time to change the rules."
be continued, "so that members as
cowards and cravens' need not go back
to their homes and defend themselves
upon the mere miserable pretext that
these rules had controlled them and they
could do nothing else."
Mr. Dalzell could not conceive of any
thing more unnecessary than a discussion
of the rules. Thqy had been the rules of
the last congress of the llfty-first con
gress, both Republican, and substantially
of the fifty-second and fifty-third con
gresses, both Democratic.
Cannon Explains
Speaker Cannon, at some length, ex
plained to tho house the parliamentary
pltuatlon at the time of the request of
Mr. De Armond for recognition in his
own right, and also in reply to Mr.
Cooper, who thought the speaker should
occupy a seat on tho floor. The practice
bad grown up. Speaker Cannon said, that
r/entlemen seek tho chair, and the chair
exercised his right as a member to say
that It would be useless to grant recogni
tion, because if no one else objected the
'.•hair would object In his capacity as a
member of the house. He said that the
right cf a member to be recognized can
In most instances not be denied by the
chair.
Mr. De Armond insinuated that the
speaker had not answered him.
"If the gentleman has not been an
pwered." said the speaker, suavely, "It la
the misfortune ol the chair or the mls-
(Continued on Pose Two.i
FIGHT TRUST
INDICTED BY
GRAND JURY
SAN FRANCISCO PROMOTERS
CHARGED WITH BRIBERY
Graney, Coffroth and Willus Britt Ac
cused of Buying Privileges for
Pugilistic Shows from
Supervisors
By Associated Press.
SAN FRANCISCO, Dec. 2.— After being
inactive for several months, the Oliver
grand Jury today brought In a partial re
port, returning nine joint indictments
against the so-called "prize fight trust"
membere-E. M. Graney, J. W. Coffroth
and WT.lue E. Brltt, and Abraham Ruef
and former Mayor Eugene K. Schmltz.
A separate indictment wos also found
against Schmitz for receiving a bribe from
the "fight trust" and three against former
Supervisor G. H. Duffy, one for accepting
a bribe of *600 from the Home Telephone
company, one for accepting a bribe of 14000
from the United Railroads, and the tlvrd
for accepting a bribe of $750 from the San
Francisco Gas company.
An indictment was also found against
Luther Brown for subornation of perjury
in connection with the testimony of nis
chauffeur, Peter Callender, in the Older
kidnaping case.
The three members of the "fight trust
against whom indictments were found are
charged with the bribery of nine super
visors, each. to the amount of $475, which
is alleged to have been paid for the prize
fighting privileges In 1906. Bail In each
case was fixed at $5000 bond or $2500 cash,
compelling each of the persons against
whom the joint indictments were found to
put up $22,500 cash bail, or bonds in the
sum of $45,000.
The Oliver grand jury wii: probably
bring ir its final report and adjourn sine
die tomorrow afternoon. It is stated, how
ever, that more indictments will be re
turned before the final adjournment.
GOVERNMENT EXPENSES
JUMP SEVENTY MILLIONS
Mcretary of the Treasury's Estimates
of Appropriations for 1909 Show
That $766,508,273 Will
Be Needed
By Associated Press.
WASHINGTON, Dec. 2.— The secretary
of the treasury today sent to congress
the estimates of appropriations required
for the fiscal year, ending June 30, 1909.
The figures show an Increase of $77,479,8 M
over the estimates for 1908, and an in
crease of 156,220,647 over the appropria
tions for 1907, this last Item, however, in
cluding deficiencies and permanent an
nual appropriations. The summary fol
lows:
Estimates Approprla
fur 1900. tlons 1908.
legislative H2,'Jf12,517 f13,09f1,G07
Executive 423,710 425,000
State department 4,417,681 3,847,860
Treasury department .... 174, 778, 1 M 177,784,502
War department BU.m.ttt 182,106.207
Navy department IM.JW.aO Htf.SM.OSI
Interior department 183,911,769 188,389.786
Postortlee department 2,687,880 2,781,820
Agricultural department.. 14,3511,361 14,639,681
Department of Commerce
and Ldlbor 16,214.783 14.939.fi63
Department of Justice.... 9,854,630 H. 617.109
Grand totals $766,608,273 5710.287.626
Tin- estimates submitted by tho isthmian
canal commission for the fiscal year,
1909, aggregate J33.183.14a. Appropriations
for the current liscal year amounted to
$27,161,301
Congress Is Now in Session
TRAMPS SEIZE TOWN;
ROUTED BY POSSE
ARMED WITH GUNS
Village of ; Coyote, Near i San 1 Jose,
* ¦¦,TeproH«d]by'M.«b-—Bhißr!ff:'«fid^t
¦•"*•' Deputies "Capture Thirty r "'*-'*
Hoboes
By Associated Prem.
SAN JOSE, December 2.— Half a hun
dred tramps last night took possession of
tho town of Coyote, south of this city,
and were looting everything In sight when
fjherlff Langford and eight deputies,
armed with shotguns, arrived and rounded
up thirty, the others getting away.
For some hours previous to the officers'
arrival the tramps owned the town, the
terror-stricken residents being afraid to
venture out of their houses.
PRIMARY ELECTION
LAW IS SUSTAINED
Justice Henshaw and Associates Con.
cur in Opinion That Preliminary
Balloting Is Part of Gen.
era I System
By Associated Press.
SAN FRANCISCO. Dec. 2.-The supremo
court, in an additional opinion rendered
today, has sustained the primary election
law.
In its opinion, which was written by
Justice Henshaw, the other justices con
curring, the court holds that primary
elections are conducted under the law,
and are to that extent a part of the elec
tive system of the state.
The court says that it Is the secrecy of
he ballot which the law protects, and not
¦secrecy as to the political party with
which the voters desire to act.
The court also says In reply to the
contention that a voter might be prt
vented from petitioning for tho nomina
tion of candidates of his choice, if his
party should fail to nominate those whom
he desires, his grief should be assuaged
by the fact that he is not compelled tc
vote at primary elections, and if the rule
war otherwise, It would open the door to
endiess frauds and be destructive to all
pa.rty organization.
The court also says that under our
form of government, classification of poli
tical parties Is necessary, and the one in
the primary law is rational and does not
impose any burden upon one of a cla.ia
that is not imposed upovi all, nor does 't
confer any special privileges on parties
which have cast more than 3 per cent of
the vote, which is not conferred upon all
such parties.
HARTJE REFUSED HEARING
BY THE SUPERIOR COURT
By Associated Pnss.
PHILADELPHIA, Dec. 2.— The superior
court today refused the petition of A.
Augustus) Hartje of Plttsburg for a re
argument in his suit for divorce from
his wife, Mary Scott Hartje. The court
recently affirmed the decision of the Al
legheny county court, which refused the
divorce.
Hartje sought to have the case re
opened, alleging new evidence. The caae
will probably be appealed to the supreme
court of Pennsylvania.
Murdered Man Identified
By Associate k-r*M.
REDDING, Dec. 2. — The body of a
man which was found in the brush
near Sims last evening has been iden
tified as that of Frank Griffin, a for
mer resident of McCloud, aged 40 years.
The Indications point to murder.
*tLl\ V'V ' I 1/ i V "ilil '•¦ DAILY. Set SUNDAY. So
OliVijiljlli I_IJI ll>~. :. on TRAINS. o CENTS j
BODIES OF
MINE VICTIMS
ARE FOUND
ALL IN SHAFT BELIEVED TO
HAVE PERISHED
Fate of Five Americans and Forty-two
Foreigners Well Established When
Charred Corpses Are Discov.
ered by Rescuers
By Associated Press.
PITTSBURG, Dec. 2.— The fate of fiva
American and forty-two foreign miners,
while not definitely known, was well es
tab'.lshed late today by the finding of
bodies near the twenty-second entry of
the Naomi mine of the United Coal com
pany at Fayette City, 35 miles from this
city. Judging from the fatalities thus
far known, both having been suffocated
by poisonous gas fumes, it is almost cer
tain that the forty-seven miners still
entombed in the mine have succumbed
to the deadly afterdamp.
Up to midnight thirteen bodies had
been recovered from the Naomi mine.
Two of these had previously been iden
tified, but eleven of the bodies, horribly
charred by the fire following the ex
plosion, were left at the bottom of the
shaft, so that efforts to reach other
victims might not be uelayed through
removing the dead ones to the surface.
FIRE IN FREMONT MINE UNDER
CONTROL; !1 DEAD IS BELIEF
By Associated Presw.
DRYTOWN, Cal., D,ec. 2.— The fire in
the Fremont mine is under control, t-nd
since noon today tho skips were kept
constantly running up and down the
Gover shaft and the powerful, blowers
were kept steadily working, trying to
clear the shafts and mine above the fire
levels of the hot gases which have formed
during the fire, but with slow success
The whole effort of the management ts
to r?et to the upper levels above the fin
with the hope that the eleven entombed
miners may be still alive.
At 3 o'clock this afternoon Manager
Goodall, accompanied by four picked
miners', made another attempt to reach
the 600-foot level through the hot gnses
and had reached that level when tlirp"
of them were overcome with gas. All
wero brought to the surface in an In
sensible condition nnd have but partially
recovered. They had to be carried to
fresh air from the skip.
Constable Bono and a force of officers
from Drytown are having hard work to
keep back the vast crowds congregated
at the mouth of the shafts, eager to get
news of the entombed miners.
ASKS COURT TO PROTECT
HIM FROM DEER HUNTERS
By Associated Prefs.
CHICAGO, Dec. 2.— A dispatch from
Chippewa Falls, Wis., says that fearful
of being shot for a deer Wenzel Mikesh,
who is r farmer near here, appealed to
the authorises yesterday for protection.
He says ho is weary of being grazed
by bullets and that 1t is not safe for
him to leave his own doorstep.
Destroyers Start for Pacific
By Associated Press.
NORFOLK, Va., Dec. 2. — The second
torpedo flotilla of six torpedo boat de
stroyers sailed today on their 15,000
mile voyage to San Francisco. The
flagship Whlpple lod, followed by the
Truxton, Hul, Lawrence, Hopkins and
Stewart.
CENTS
SLAYER OF
BROWN BEARS
STRAIN WELL
WOMAN WITH SON WHILE FATE
IS BEING DECIDED
PRISONER APPEARS CHEERFUL
DURING ORDBAL
On Hearing That Twelve Men Are
Unable to Reach Verdict After
Long Deliberations Court
Adjourns Till Today
By Associated Fren.
WASHINGTON, Dec. 2.-After deliber
ating for five hours and forty-three min
utes, the jury in the case of Mrs. Annie
M. Bradley, charged with the murder of
former United States Senator Arthur
Brown of Utah, failed to reach an agree
ment and were ordered locked up for the
night.
It was 10 o'clock when the court crier
announced that they would be unable to
reach ap agreement tonight and that the
court would adjourn until tomorrow
morning at 10 o'clock.
Justice Stafford, who went home shortly '
after 6 o'clock, received word by tele
phone of the failure to reach a verdict,
and through an order the jury was locked
up for the night.
The case went to the Jury at 4:17 o'clock
this afternoon and it was 10 o'clock b«
fore any word was heard from the jury
room.
The announcement was received by
those in the court room without comment.
There were forty or fifty persons present
at the time, the majority being women.
Mrs. Bradley spent the time while tho
jury was deliberating in an anteroom.
Her son Arthur was with her. Those who
saw her said she bore up under the ordeal
with remarkable fortitude and appeared
to be cheerful. Mrs. Bradley was taken
back to jail for the night.
In his charge to the jury Justice Staf
ford pointed out the circumstances gov
erning the different verdicts which might
be rendered. He asked the jury to first
look at the case outside of the question of
sanity. If the jury had any reasonable
doubt whether the shooting was in self
defense the defendant should be held not
guilty, "as there is no 'Hr< ct evidence as
to how the shooting did occur," said the
judge.
The court also suggested the considera
tion of the 'possibility of accidental shoot
ing..".'_i: ¦ ¦. ¦ ";" v- v¦' ,"i'. •'¦.'¦.¦'..'.. .-¦¦"-' 11 ~ i ..
•l'ho- law. continued ¦¦ the ¦ court * retiulrus *
a man to maste-, his passions and : pun- ' f ,
ishes him ', if , he \ does not. , : THe emoti jnal J;
insanity j theory ' is ¦: entirely ¦¦• rejected % in «
this district, said he. '¦ "If there is a : rea
sonable doubt of the defendant's respon
sibility, the defendant "'.should - be ac
quitted." .: :¦ 'r''." ¦ „• . • '.;.¦ '; .':¦": '
The court spoke of former Senator
Brown's moral delinquencies, which he
discussed with some sharpness, and add
ed: "In passing moral judgments no
man can w-'gh in equal balance the man
and the woman."
Must Believe It True
The whole value of the famous 13,000
word hypothetic"' question, he pointed
out, depended on Its not Including any
thing which the jury does not .belle vo lo
be true.
"it is true." the court said, "no sane
person has the right to kill another, no
matter how wild the pnssion or impulse
under whicj he or sin; Is laboring. If
It is found beyond :i reasonable doubt
that up to he tragedy the defendant was
sane then there is a strong presumption
that she v.its sane at the time of the
crime. All the evidence of mistreatment
by Brown was admitted solely as bear
ing upon thu sanit. or insanity of tho
accused."
The case was given to the jury at 4:17
p. m. and the jury immediately retired.
RUSSIANS SENTENCED TO
DEATH BY COURT-MARTIAL
By Assncliit-.a Press.
VLADIVOSTOK. Dec. 2.-The court
martial which has been trying the men
who participated in the recent mutinies
at this port handed its findings in today.
Twenty-one men were sentenced to
death, 34 were sent to the galleys, 140
were Imprisoned for various terms and 5
were acquitted.
BANK HOLDING STATE'S
MONEY FORCED TO CLOSE
By Associated Pi era.
DKTROIT. Dec. 2.-State Banking Com
missioner Zimmerman today announced
that the Chelsea, Mich., Savings bank, of.
which State Treasurer Frank P. Glazier
is president and which has $684,000 of state
funds on deposit, will not open for busi
ness tomorrow and will be taker in charge
by the banking commissioner.
COMPANY WINS IN CASF
AGAINST TICKET SCALPERS
By Associated Pres«.
WASHINGTON, Dec. 2.— The supremt
court of the United States today decided
the case of the Louisville & Nashvilln
Railroad company against Marcus K.
Bitlerman and others, Involving the right,
of the defendants to engage In scalping
the tickets of the railroad company, it
favor of the company.
SECOND TRIAL OF THAW
DELAYED; SET FOR JAN. fl
By Associated Press.
NEW iTORK. Dec. 2.-The second trial
of Harry K. Thaw en the charge of kill
ing Stanford White was. today post
poned until January 6.
The court ordered that a special panel
of 250 talesmen be summoned for the se
lection of the jury.