Los Angeles herald. [microfilm reel], May 16, 1909, Image 1

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

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37 ARE INJURED
IN TRAIN WRECK
ON C. & A. ROAD
TWO WOMAN PASSENGERS ARE
FATALLY CRUSHED
COACHES ARE DERAILED NEAR
ODESSA, MISSOURI
Coupling of Rear Car Breaks and
Causes It to Roll Down Embank.
ment—Cause of Accident
a Mystery
[By Associated Press.
KANSAS CITY, Mo.. Slay IB.—Two per
sons ore expected to die and thirty
live others nre more or less seri
ously Injured as a result of local
Chicago * Alton passenger train So. 11
being derailed two miles east of Odessa,
Mo., today.
Only the engine remained on the track,
the tender, combination baggage and pas
senger car and two passenger coaches being
derailed.
The coupling of the rear coach broke and
it rolled down the embankment, turning
completely over.
It was In this car that the serious In
juries occurred, and none of its occu
pants escaped unhurt.
The Seriously Injured
Mrs. Mary Cox and two daughters,
Stlllwell, Okla.
Miss Jennie Donaldson, Odessa, Mo.;
probably will die.
Miss Alvin Stewart, Odessa.
Mrs. M. C. Moore, Columbia, Mo.
Myrtle McNeil, Odessa, arm broken.
Mrs. Richard Powell and Miss Vera
Hammond, Odessa. '>•
Miss Jennie Donaldson and Myrtle
McNeil, both of Odessa, are in a criti
cal condition and their recovery Is
despaired of.
Many of the others are bruised and
Internally injured, but physicians say
they have an oven chance to live.
Cause a Mystery
So far as explanation of the wreck
has been found, it has been learned
the front wheels of the tender were the
first to leave the rails and ten trucks
were thrown off by them, but an ex
amination of the track shows nothing
to indicate why the tender was derailed.
Chief Engineer W. B. Taylor of Chi
cago and other officials of the road will
hold an Investigation tomorrow. •
As most of the injured lived In
Odessa or surrounding towns, they were
taken home, almost every vehicle in
Odessa being pressed into service.
A relief train was sent from Kansas
City, but , none of the injured were
brought here. Those who were bound
for Illinois and points east were able
to continue their Journey.
WOMAN ASSAULTED AND
LEFT TO DIE BY THUGS
Two Men Brutally Mistreat Victim,
Who Is Found- Several
Hours Later
PITTSBURG, May Seriously in
jured about tho head, assaulted and
robbed of valuable jewelry, Mrs.
Adolph Baldesberger, 25 year* old, a
member of a wealthy family of Arnold,
Pa„ was found unconscious late yes
terday in a clump of bushes on the
lawn in front of her home near New
Kensington, Pa.
Today armed posses are scouring the
Allegheny valley in the vicinity of Ar
nold for the assailants, two men. The
victim was attacked Thursday even
ing. She was struck a number of times
with a blunt instrument, then robbed.
The unconscious woman was then
assaulted. She remained in the bushes
until Friday • noon, partly regaining
her senses last nighty
ROOSEVELT TAKES REST
AT FAMOUS JUJA RANCH
Former President Quits Hunting to
Write Articles About What
- He Has Done
NAIROBI, British East Africa, May
15. —Theodore Roosevelt, who is at
present the guest of George McMillan
at the Juja ranch, whither he repaired
from his camp at Machakos, in the
Athl river district, spent his first day
at the ranch in his room resting.
He has, however, begun work on a
series of articles describing his adven
tures up to date.
Mr. Roosevelt has found time to visit
parts of the McMillan estate and to
discuss the prospects of sport with S.
F. Selous, the well known English
hunter, and his host.
Mr. Roosevelt will resume his shoot
ing expeditions on Monday of next
week.
Postal Employes Dismissed
PARIS, May 15.—The cabinet today
considered the strike of the postmen
and approved the dismissal of 315 ad
ditional employes accused of inciting to
revolt. The text of a new bill defin
itely regulating the right of state em
ployes to form associations, but specif
ically excluding the right to strike,
will at once be submitted to parlia
ment. Moreover the cabinet has agreed
to ask the senate to proceed to the con
sideration of the workmen's pensions
bill early in June.
VOWS NEVER TO EARN
HONEST LIVING UNDER
THE FLAG OF FREEDOM
SEATTLE, May 13.—Swearing lie
would never earn an honest living under
the stars and stripes. Harry Kelly,
known now as "King of the Smugglers,"
left the Confederate army after Lee
surrendered at Appomattox.
' Kelly says he has kept bis word. He
Is now approaching his seventieth birth
day, and Is starting to serve another
prison terr.l.
£ He must serve ore year oil McNeil's
I,land for smuggling. * ' y7<
He' had Just finished serving a term
when lie was arrested on the charge on
which be has Just been convicted.
LOS ANGELES HERALD
SOLON WHO WAGES
FIGHT ON JUDGES
. . ~~ .j— IO W \Z*:^
REPRESENTATIVE ARTHUR P.
MURPHY of Missouri is the man
who offered impeachment resolu
tions ln the house of representatives
against Judge John F. Phllps of the
western federal district of Missouri and
Judge Smith McPhe__on of the south
ern district of lowa. He contended in
his statement that both judges were on
Intimate terms with Frank Hagerman,
attorney for the eighteen Missouri rail
roads concerned in the rate litigation.
Governor Hadley insists upon an ap
peal of the rate decisions and wishes
the United States supreme court to de
cide the question of Jurisdiction be
tween the federal and state courts.
GREAT NORTHERN
TRAIN IS HELD UP
♦ SPOKANE, Wash., May . 16.— *
* Bandits this morning held up a *
•fr train nine miles east of this city. *
•fr The train had left Spokane fifteen *•
•fr minutes before and was, proceed--"fr
•fr ing swiftly when a man with a red +1
♦ lantern flagged the train. When
•fr the train was at a standstill .three <fr
+ men climbed on th* tender of the *
•fr engine, and at the point of pistols >fr
♦ comanded the. fireman and en- *
•fr gineer to back their train to a sid- *
♦ ing and then stopping and uncoup- +
•fr ling the baggage car and engine *
* from the rest of the train, ran- +
•fr sacked the cars. . *fr
* It is suposed that the robers *
♦ secured .65,000 from the chest In +
4 the baggage car. 4
♦ The engine. left his engine and ♦]
•fr going to a telephone notified <fr
•fr the railroad authorities that the -fr,
•fr train had been held up and a pas- <fr
♦ senjer who stepped off had been *fr
•fr crushed to death. *fr
THE NEWS SUMMARY
FORECAST
For Los Angeles and vicinity:
Cloudy Sunday, probably showers;
moderate west wind. Maximum tem
perature yesterday, 67 degrees; mini,
mum, 54 degrees. /'
LOCAL,
Associated Charities obtain »10,H13 by sale of
tags May 1. and school children sell more than
one-half the amount. i
Fund for Florence I_iwson memorial room ls
Increased by hundreds of dollars through en
tertainment given .by philanthropist out at
Boyle Heights.
Speaker at City club nays liquor men see
handwriting on wall and declares model license
scheme Is failure.
Probation for prisoner is lost through his In
discretion and ho is sentenced to San Quentin
for five years for forgery.
Former Governor C. S. Thomas of Colorado is
In I.os Angeles in the Interests of mining
clients whom he represents.'.
Mayor -inder approves police Inspecting
liquor licenses.
Young man alleges he was stool pigeon and
says police caused him to break his word.
Banning company flies suit to try to enjoin
city of Wilmington from'extending street to
seaport. • . '
Doctors believe forger's brain is affected and
says his crime was the result of accident.
Jury In trial of William Mitchell for the
murder of Cecil C. Thayer, after twenty-flve
hours of deliberation, disagrees . and Is dis
charged. . ■ . . . —
Thief in room of woman awakens occupant
and escapes with large amount of Jewelry.
COAST
Woman found shot In breast at hotel in
Tacoma dies in hospital and consort con
fesses suicide pact. . - ,
Produce dealers from Los Angeles have
big outing in Santa Barbara.
Magon and Mexican compatriots, alleged
revolutionists, score ln last day of trial and
case goes to. jury. ,
Man reported dead .In auto accident near
Salinas goes Into town to disprove rumor |
and twelve hours later is killed under auto. j
Driver at Oakland ■ declared by surgeons
to have committed suicide in accidental
manner. . . •
Horse shies at auto near Napa and hurls
rider to ..eath.
EASTERN
Spokane rate case will receive another
hearing at Washington on. June 9.
Mrs. Taft and Mrs. Sherman give numer
ous entertainments and dazzle guests with
now surprises. ..','
Grand Jury probing Governor Haskell
suddenly dismissed on claim that members
were unduly influenced.
Many Injured anil two probably will die
as result of wreck on Chicago & Alton line.
Broker In Kansas City, on trial for al
leged fraud, tells how he worked scheme.
Baby multimillionaire comes from Europe
to sojourn In Colorado.
Railroads place many orders for equip
ments. . . ■ ■ ,
Severe earthquake shocks causes damage
In Montana.
Police of Chicago to report all boys to
their parents when caught smoking cigar
ettes.. .
New York's district attorney determined
to* stop all race track betting and antici
pates rampant violations of law this season.
Woman assaulted In Pittsburg and left
In yard to die.
FOREIGN
'Kermlt .Roosevelt -carries exceptionally
large amount of tobacco with him.
Strike.situation In Paris little Improved.
Andrew Carnegie arrives at Naples.
Japanese strikers at : Honolulu replaced
by others and strike appears broken.
f, Many refugees are cared for at Adana.
SUNDAY MORNING, MAY 16.' 1909.
JUNTA'S ALLEGED
TRAITOR GRILLED;
CASE SUBMITTED
MAGON AND HIS COMPANIONS
AWAIT VERDICT
ATTORNEY FOR DEFENSE HOLDS
VASQUEZ UNDER FIRE
Ranger Instructed to Watch So. Called
Revolutionists Gives Testimony
Favorable to Mexican
Prisoners
[By Associated Press.]
TOMBSTONE,. Ariz.. May 15.—
prosecution in the cases of Mason,
Villareal and lUvera today Intro
duced flags, papers, documents, com
missions, cartridges and dynamite, al
leged to have been captured in the raid
of the Douglas junta by Arizona rang
ers. 7 *
Various rangers were placed on the
stand to identity the same. Vasquez,
the member of the so-called junta who
turned state's evidence, was subjected
to a terrific grilling by Attorney Cleary
for the defense. ./ .
; The prosecution closed Its case at 11
o'clock this morning and the first wit
ness for the defense was placed on the
stand.
Ranger HUborn told of his instruc
tions to watch the junta at Douglas,
and on one occasion entered the room,
Informing all of the alleged conspir
ators he was an officer.
He was invited to search the place,
he says, and was unable to find any
revolutionary papers.
The meeting presumably was for the
purpose of raising funds to celebrate
September 16, a Mexican holiday.
Case Goes to Jury
At 6:30 o'clock this evening the last
evidence was submitted on both sides
ln the case. Argument was limited to
two hours for each side by the attor
neys, who were heard tonight.
The defense made no attempt to deny
the existence of the Liberal party, and
on the contrary introduced a copy of
the Regeneraclon, the official organ of
the party, and had the lengthy procla
mations and manifestos translated and
read to the Jury.
The declaration of principles signed
by the defendants when translated
proved to be classic in diction and
glowing with fervid appeals to the
patriotism of Mexicans to strike for
the political and industrial redemption
of the fatherland; secure realisation
of Ideals which the reform principles of
the new party held out, and end the
present so-called dictatorship, which
was scathingly arraigned.
The constitution embraced over fifty
reform . measures pledging Improved
economic and governmental principles.
The • defense offered no further evi
dence, the defendants not being called
to the stand., , _. ■
The prisoners were throughout hope
ful of acquittal, holding that a viola
tion of the neutrality laws was only
technical since no armed force started
from American territory.
There are four other indictments
pending here against the prisoners on
similar charges, which were returned
b- the grand Jury before adjourning
here last week.
BROKER TELLS HOW
HE WORKED SCHEME
Horn Declares He Acted in Good
Faith, but Admits All He Said
Was Not Based on
Facts
KANSAS CITY, May 15- Frank H.
Horn, one of the defendants on trial in
the federal court here charged with
using the mails to defraud in promoting
the "Two Queens" mine in Arizona,
gave some Interesting testimony on the
stand today. After saying that the
company had spent close to $50,000 in
two years In advertising the mine,
Horn was asked how he first became
Interested In the property.
.1 first heard of the mines, ' Horn
said, "when I was In Los Angeles In
the summer of 1906. There I met two
Arizona prospectors, S. B. Gardon»and
C. G. Werner.
"They were trying to obtain capi
tal to develop the Two Queens gold
mines. The mines were discovered by
Garuon. Gardon said he had taken
ore from the mine that assayed $200,000
to the ton."
"How much of the promotion stock
did you receive?"
"About 100,000 shares."
"Did you intend to deceive the com
pany or any of the purchasers of
stock?" '-*■.'..'v
"No. I acted In good faith in all I
did. I believed we had a wonderful
mine, and I said so In my advertise
ments." ' -, ,_ *
On cross-examination Horn admitted
j that some of the statements in his let
! ters were not based on facts.
KERMIT ROOSEVELT HAS
BIG SUPPLY OF TOBACCO
Young Nimrod Carries 6000 Cigarettes
and 500 Packages of Granu
lated Weed, Etc.
NEW YORK,'- May 15.—The largest
shipment of tobacco ever .taken from
America for the personal use of a
traveler was that taken by • Kermit
Roosevelt when he sailed with his
father, the former president, for
Africa. - .
• The shipment occupied a | space of
sixteen cubic feet. The consignment
consisted of 125 brlarwood pipes, 200
short-stem clay pipes, two dozen long
stemmed churchwardens, 500 small
packages of granulated smoking to
bacco, 60 pounds of cut plug smoking
tobacco, 100 tins of high grade birds
eye, 80 pounds of plug chewing,' 80
pounds of fine cut and «000 cigarettes.
The company which sold this to
bacco to TCermit Roosevelt announced
yesterday that lie told them he was
taking It to Africa' to give to the na
tives Instead of small trinkets which
are usually expected from travelers.
OFFICER AND HIS WIFE
WHO ASKS FOR DIVORCE
■■ '■/ .yf7%s& %\j
■ 'r .it rryy'yi.&rM \
■ ■ "■L "■■ w «,;, y 7:'*%'t™
\ -%zy*7' . J
\ - ' _>^
(CHICAGO, May 15.—Almost continued
drunkenness Is charged against \ Col.
' W, 1". Tucker, V. W. A., retired, jp.de
positions filed here today in the suit
of Mrs. Dolly Logan Tucker for a decree
of separation.
COUPLE AGREE
TO END LIVES
WOMAN'S DEATH IN TACOMA
REVEALS PACT-
Says Financial Trouble Caused Them
to Roeolve to Die Together.
7 y _ Bought Pound of Cyanide
' of Potassium ■.
[By Associated Press.)
SEATTLE, Wash., May 15.—A man
and a woman who registered at the
Cecil hotel here this morning as "H.
O. Eames and wife, Tacoma," are be
lieved to have come to this city for
the purpose of committing suicide to
gether, and the woman is dead at the
City hospital from a bullet wound In
the left breast.
The couple were shown to a room In
the hotel and four hours later a pistol
shot was heard by the clerk, who, on
entering the room found the woman
in bed, bleeding from a wound, and
the man stupid from drink.
They were taken to the City hospital,
where the woman dii without being
able to speak.
Barnes mill the police that the wo
man , was Mrs. Anna Burke; that he
"had come from Denver with her two
years ago ami that they had lived at
760 1' street, Tacoma, as man and
wife; that they had been drinking for
several days, and, despondent-over
financial troubles, they had decided to
come to Seattle and kill themselves.
While he was absent from the room,
_______ says, .Mrs. Burke took his pistol
from a bureau drawer and shot her
self.
The police believe Fames' story. They
found the nistol under the bed clothes,
where it had dropped from Mrs.
Burke'e hand, and in her valise they
found more than -a pound of cyanide
of potassium, which she had bought
this morning at a drug store in Ta
coma, Hames says.
Mrs. Burke was 30 years old and at
tractive. ' Fames is about 35.
HORSE SHIES AT AUTO AND
HURLS MAN TO HIS DEATH
Driver Near Napa Is Thrown Into
Canyon and Dies in a Few
Minutes
NAPA. Cal., May 15.—A shying horse
caused the 'Urth yesterday on the
Chiles Valley road of Auguatio Bojlou,
a natiVe of France, 65 years old.
Bojlou was driving along the edge of
a canyon when his horse shied at an
automobile driven by George A. Hearn,
an electrician.
Bojlou was hurled from his vehicle
to the bottom of the canyon. He died
in the arms of Mrs. Hearn, who accom
panied her husband while she and
Hearn were rushing the injured man
to St. Helena. . .. •
Mr. and Mrs. Hearn were returning
from their wedding tour lin Lake
county. Hearn was exonerated by tho
coroner's jury. ,
♦«» "
Former Mayor Killed
MEMPHIS. Term., May 15.— R. J.
Rawlijigs, former mayor of Lenox, a
suburb of this city, was killed and half
a dozen others injured today when an
East End car collided with a street
paving machine. -
SEVERE EARTHQUAKE SHOCKS
CAUSE ALARM IN MONTANA
GREAT FALLS. Mont., May 15.—
distinct earthquake shock was
felt here this evening at 9:15, and
it ,was also felt at Choteau, Havre,
Wagner and other points at the same
time, showing that It prevailed gener
ally over northern Montana.
While no serious damage was done,
the shock was ", sufficient to throw
things from shelves In stores, and
there was some breakage of glassware.
DUTY LOWERED
ON MANY STEEL
WIRE PRODUCTS
BEVERIDGE IS MUCH PLEASED 1
WITH CHANGES
LAWMAKERS TO PLACE TARIFF
ON TUNGSTEN
Senators Have Lively Session and In.
dulge In Much Colloquy—Will
Convene Earlier Tomor
row Morning
WASHINGTON, May 15.—The low
ering of duties in the case of
eight or ten classes of wire
goods, contained in the steel schedule,
upon motion of Senator Aldrich,_ in
charge of the tariff bill, gave great en-
couragement today to senators who are
advocating a revision downward.
With evident gratification Senator
Beveridge of Indiana greeted the pro
posed amendments by the chairman of
the finance committee by declaring
"good, that's making progress."
The entire session of the senate was
devoted to the steel schedule, the sec
tion relating to penknives being under
consideration when the senate ad
journed to meet at 10 o'clock Monday
morning, one hour earlier than the
senate has been beginning business
during the last ten days.
Tariff on Tungsten
That a duty will be placed on tung
sten, a product of Colorado, used In
making high grade steel, was an
nounced by Mr. Aldrich during a col
loquy with Senator Hughes. This
would be done, Mr. Aldrich said, in
order to build up the industry of pro
ducing that mineral.
Mr. Newlands, referring to Mr. Oliver
as a manufacturer, was interrupted by
the senator from Pennsylvania, who
stated he had not been in the manu
facturing business for eight years.
"Unfortunately," he said, smiling,
"the business I am engaged in is the
publication of a newspaper."
The wire schedule was amended on
motion of Mr. Aldrich so that In only
one Instance was there an Increase of
duty over the house bill, while In eight
or ten instances the duties were low
ered. Fencing wire was reduced to
about one-third of the duty provided
in the house bill.
While Mr. Aldrich was explaining
these reductions Mr. Beveridge inter
rupted to say:
"I am very glad to see that we are
making progress." ..' ,
An amendment by Mr. Burkett, the
effect of which is to reduce the duty
on barbed wire from $2.70 per 100
pounds to 75 cents, was accepted by
the committee on finance and adopted
by the senate. • „'_T;:.:»".* ' i
Tariff on Cutlery
The section relating to penknives,
etc., was amended so as to require the
name of the manufacturer or importer
to be stamped and with the name of
the country of origin sunk on at least
one blade as a protection against
fraudulent representation as to place
of origin.
Mr. Simons proposed a general re
duction in the duty on razors, oppos
ing the increase on the class of razors
as commonly ln use from 56 to 99 per
cent.
Senator Smith of Michigan wanted
to know whether the change in the
rate was on account of revenue, or to
promote cheap prices on razors.
"It is to obtain razors at reasonable
prices," said Mr. Simons.
"For domestic or social purposes?"
Inquired Mr. Smith, with the result
that for the moment the senate was
convused with laughter.
"Down In my part of the country
they are used partly for social pur
poses," responded Mr. Simons.
Hot Shot at Republicans
"Especially among the Republican
population," interposed Senator Bailey.
Saying that under the Dingiey law
the manufacture of razors had been
almost driven out of this country. Mr.
.iiiiidi added that the difference of
labor cost here and abroad was fully
100 per cent. He reminded the sena
tor from North Carolina that the Wil
son bill provided a tariff of 89 per cent.
Senator Aldrich said that last year
three million razors were imported, and
when the large Otse of safety razors
was considered this foreign supply
would be found to Include practically
all the razors used within the United
States.
"I want to remind the senator from
North Carolina," suggested Mr. Flint,
"that these imported goods cost $3 a
dozen, and they are retailed here at
from .2 to $3 apiece."
Senator Carter expressed especial In
terest in this schedule, especially desir
ing that the time when the law shall
go into effect should be postponed ln
respect, to the penknife schedule until
January 1, 1910.
Senator Aldrich agreed that such a
provision would be wise.
Without completing the schedule, the
senate went into executive session.
Becomes Titular Archbishop
PEORIA, 111., May 15.— Rt. Rev.
John Lancaster Spalding, whose resig
nation as bishop of the Peoria diocese
because of ill health was accepted last
fall, is created titular archbishop of
Scyppopolls by a decree of the Vatican
of Rome, news of which was received
today. His advancement to the arch
bishopric of this oriental see is an
honor rarely conferred. The appoint
ment does not entail active service.
Three Dead in Explosion
PAINESVILLE, Ohio, May 15.—Three
men are dead, one more doubtless will
die, and two others were Injured as the
result of an explosion of a flue in the
boiler on the steamer James H. Hoyt,
three miles off Falrport harbor today.
HELENA, Mont., May 15.—At 9:15
this evening an earthquake shock last
ing several seconds was felt here.
The only damage reported is that at
the residence of Herman Paul, where
the front retaining wall of the house
was thrown down by the shock. The
wall was ten ■ feet high and two feet
thick.
SINGLE COPIES: I>AILV. 2e; SCNBAir.Sa
__»!._> XjILIIU \y\Jl. lJ_Jk5 . ON TKAINS, S CENTS
AUTHOR TO AID HIS
BROTHER TO ESCAPE
A TERM IN PRISON
j^r§|T. JEN KINS HMH3 Wire
FLUSHING. N. V., May 15.—"1 will
never give up so long as there
is life in me," Is the statement
attributed to T. Jenkins Halns, the
author-brother of Capt. Peter Halns,
under sentence for the slaying of Wil
liam ' Annls, the New York publisher,
for which crime the author himself
recently was acquitted as co-defendant.
"I will not let my brother go to the
penitentiary,", young Halns is quoted
as saying, "and I will fight to the last
ditch against the verdict."
Young Halns Is said to be assisting
the attorneys in the defense, and al
ready Is planning steps by which he
hopes to save the captain from the
penitentiary. I
RENO IMPERILED
BY $40,000 FIRE
THREE PERSONS ARE BURNED
IN BIG BLAZE
i Sensational Developments Promised
as Result of Flames Twice Start.
ing Among Mattresses in
.-.,.■. . Storeroom
' IE. Associated Press. 1
RENO, Nev., , May 15.—Fire entailing
a loss .of ' .40,000' today - almost:. com
pletely destroyed the Manning build-1
ing, one of Reno's biggest business
structures. „.'..'
I For a time several other buildings in
the near vicinity were threatened, and
it was only through heroic work of vol
unteers who assisted the regular fire
department that the one building alone
was burned.
As a result of the fire, which lasted
more than four hours, sensational de
velopments are expected.
A fire was discovered In the base
ment of the building two hours before
the last alarm was turned In.
Mattresses stored in a second-hand
store were burning at that time. The
blaze was quenched, no sparks being
left to start another fire, declares the
fire chief.
The last fire, which destroyed the
building, started in the same pile of
mattresses. An investigation is being
made.
A fire in the residence district of
Reno early this morning almost total
ly destroyed one residence, badly
scorched another and burned three peo
ple so badly that they arc now in the
hospital.
The wind, which had been blowing at
a high rate for the past twenty-four
hours, rendered the playing of water
on both fires almost impossible.
Those seriously burned were Mrs.
Fred Robinson, Mrs. Robinson's son,
aged 7 years, and W. F. Sickles.
These three were on fire escapes on
the second floor and were obliged to
rush down a blazing stairway.
FORMER BANK EMPLOYES
ARE CALLED INTO COURT
Men Fail to Appear When Summoned,
and Attorney Says One
Is 111 77
CHICAGO, May 15.—Summons for
Maurice Rosenfeld, former cashier of
the now defunct Chicago National
bank, and his ■ brother-in-law, Bern
hard Roseberg, were issued today by
Referee In Bankruptcy Wean.
Mr. Wean is conducting an investi
gation into the assets of Peter Van
Vlissingen, ■ the real estate dealer who
plead guilty some time ago to for
geries aggregating more than a million
dollars.
Recently Van Vlissingen testified be
fore the referee that four years prior
to his public confession last winter lie
admitted his misdeeds to Rosenfeld and
Rosenberg, to whom he owned several
hundred thousand dollars, secured on
forged mortgages.
A detective could not find Rosenberg
before court opened today, but John
Hopper, a private detective, stated that
he had personally served the summons
on Rosenfeld.
Neither Rosenfeld nor his brother
in-law was In court. Their attorney,
Lessing Rosenthal, explained that Mr.
Rosenfeld was ill.
•-*-•
Many Refugees Fed
ADANA, May Twenty-two thou
sand refugees were fed In this city yes
terday. . Three hundred wounded per
sons are being cared for at the Ameri
can and other hospitals. It is . esti
mated that 4000 of the refugees are 111,
400 of them from measles, dysentery
and typhoid fever. On account of the
under-feeding and exposure the mor
tality Is great among the children. ..
Ask Clemency for Halns
NEW YORK, May 16.—A petition for
clemency signed by the members of
the jury which convicted Captain Peter
i. Halns, Jr., of manslaughter In killing
William E. Annis, may be presented to
Justice Garretson on Monday.
PJ CENTS
MITCHELL JURY
DISAGREES; NEW
TRIAL NOT SURE
JUROR STONE BELIEVED TO BE
PREJUDICED
SIMILAR CIRCUMSTANCE MAY
HAVE SWAYED VERDICT
Court Room Empty of Spectators
When Report Is Made—Prisoner's i
Face Lightens When He
Hears News
AFTER twenty-flve hours of delib
eration, the Jury In the case of
William C. Mitchell, charged with
the killing of Cecil C. Thayer, January
1, reported a disagreement at 10 o'clock
last night.
The report of the jury, it is believed,
practically assures the dismissal of the
charge against the young man who* in
defense of his sister's honor took the
11-3 of a fellow mortal.
The Mitchell jury retired at 9 o'clock
Friday night. At 2:30 o'clock yesterday
afternoon the twelve men were called
Into Judge Willis' court room and' re
ported that no verdict had ' been
reached. The jury then stood eight to
four in favor of acquittal. Three hour,
later the jury again reported. CO.
Houser, the foreman, reported that a
change had taken place, and the jury
was sent back to delloerate further. .
For the last time the jurymen were
called in at 10 o'clock. "We are unable
to agree wpon a verdict," said the fore
man, "and there is no prospect that
one can be reached."
Trial Dramatic
The trial of young Mitchell for the
murder of Thayer has been one of the
most dramatic of Its kind in the recent
history of the criminal courts. The
unusual features of the case, involving
the public confession by the defend
ant's sister of her relations with Thay
er for months prior to his death, ■' in
which her honor was offered up on
the altar for her brother's life have
kept the court room crowded since the
case was first called, find all through
the weary length of testimony, carry
ing its tale of ruined lives not a vacant
seat has been left in Judge ; Willis'
court room.
Mitchell, it is believed, owes the ver
dict of disagreement. to the persistent
stand of one Juror for acquittal. This
juryman, C. O. Stone of Artesla, it lis
believed, is the man who practically se
cured the prisoner's re-trlal. Some
years ago. it was learned, one of ; the
relatives of this juror was i mistreated
by a man and was forced' practically
at the point of a weapon to enter into
a marriage ceremony.
Shadow la Pivotal
This shadow on his life, it is believed,
constitutes the pivotal point of J the
Mltchel case. For, according to the be
lief of those who have followed the
case closely, it was this constant. de
mand for acquittal of the defendant
that weighed in the final result. He is
believed to have stood out for freeing
Mitchell from the very first, and his
Influence it is thought carried consider
able weight with the other members of
the jury.
During the hours in which the case
was In the hands of the jury, the vote
fluctuated from 8 to 4 to 10 to 2, but
always for acquittal. -, ''■„:"•-:-. fy
When the jury filed in the last time
the once crowded little courtroom was
almost deserted.
The curious and morbid who have
thronged the corridors and court room
had melted away.
Only the attorneys for the defendant,
Frank F. Pratt, Grove Walter and W.
H. Dehm, the court, and Its officers,
the prisoner himself and the members
of the jury were present.
Seen In the gloomy half light, await
ing with tense interest the announce
ment of the twelve men who were to
deride his fate, Mitchell showed evi
dences of the long and terrible strain
to which lie has been subjected In con-:
finement awaiting trial, and in the
court room listening to the rehearsal
of the dread details of his deed.
Prisoner Is Nervous fO.
In the shadowy seat in which ha sat
hunched up, Mitchell's face was drawn
and thin. He was plainly worried, and
is the jurymen filed In and took their
seats he searched their faces for some
inkling of the verdict. ;gIWWPB.''.
Three times had he crossed the bridge
of sighs that day, and this his last
trip was fraught with the dread terror
of an adverse verdict. He smoked a
cigar given him by attorneys and sat
nervously twisting his Angers as the
judge asked for the finding of the Jury.
When the foreman read the report
that meant a respite at least, Mitchell's
face lit up with a gleam of Joy, his
form straightened and he appeared to
grow younger as the minutes rolled by.'
In the quiet of the almost deserted
court room the jury was dismissed by
Judge Willis, and Mitchell was t then
conveyed back to jail, there, to await \
the outcome of the action for the re
trial. ■ ■■''.• - .;.,...-'■.;.>:: „*7
It is generally believed Mtchell . will
never face trial on the charge again. « 7
BAREFOOT BISHOP OF
MALABAR IS TENDERED
DINNER IN NEW YORK
. NEW YORK; May 15.—Alois Ben
zlger, the barefoot bishop of Malabar,
was tendered a ' dinner last niglit .by
Archbishop Farley, .at which many
prominent churchmen were present.'..'.'• .
Bishop Benrlger, who baa been in the
city nearly a week incognito, belongs to
a very wealthy Swiss family. Since be
coming bishop of Malabar, British In
dia, he has gone barefooted and 'worn
only the commonest of robes, | renounc
ing all luxuries and living aa the poor
est person in his diocese.
Long' ago he achieved renown as "the
barefoot bishop of Malabar," and J Kii
ro_H_uns and .. American tourists |to i the
orient have for many yeara gone far out
of their way to visit blin. ; 7 , Xv A3.
:He now _Is ,i visiting ; his two - wealthy
brothers In this country and , will go to
Chicago. and San Francisco, calling on
clergy cm route on his way back to India
via the Paclllc.