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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.