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Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, April 13, 1907, Image 1

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CONCISELY YET ACCURATELY—
"The Times-Republican oovers the
news field thoroughly, conoisely yet
accurately, while ita editorial col
umn* give expression to honest,
foarless views, which always tend
to the upbuilding of the dignity of
the individual, the home and the
.etato.''— Rockford .Register, _v
VOLUME THIRTY-THREE.
Second Trial Cfl-n't Be Reached
For Many Months and Pris
oner Wants Release
1
JE ROM E^/js WILL RESIST BAIL
h4g
Jurymen Almost Come to Blows Dur-
ing Efforts to Reach a Verdict
Young Nesbit Writes Letter to Thaw
Declaring His Allegiance to His
Cause—A. B. Thaw Interviewed.
Will Also Oppose Change of Venue.
The district attorney feels that he
would not toe warranted as a 'public of
ficer in taking any more lenient an at
titude, in view of the fact that seven
men bt what is generally regarded as a
very high class jury looked upon Thaw
as sane, and believed that his act was
one of deliberation and premeditation.
.Jerome will also oppose any motion
by the d^ense for the removal of the
case to another county.
Various rumors were in circulation
last night and today that there was to
be new alignment of counsel for Thaw,
»nd that there might be a re-engage
ment of Former Judge W. H. K. Ol
cott, who was originally retained, and
•who withdrew rather than agrefe to
submit any defense except that of in
sanity.
Delmas to Be Retained.
Delphin M. Delmas, however, denied
that he had withdrawn from the case,
or had been superseded. He was the
first caller Thaw had at the Tombs to
day.
"I
want
-to say to tihe newspaper
•men," said he, "that I am still Thaw's
counsel. I am going to see him now,
and may have a statement to make
later."
Delmas declined to say whether
Thaw had summoned him, or if he had,
come at the request of Mrs. William
Thaw.
Mrs. Evelyn Thaw reached ths
Tombs while Lawyer Delmas was there
in consultation with her husband. The
three talked togetherfor more than half
an hour, then Delmas left the build
ing. To a crowd of newspaper men
the attorney said:
"You may quote me to the effect that
everything is status quo."
Mrs. Thaw looked very pale and
worn. Others members of the Thaw
family remained closely in their rooms,
denying themselves to callers.
Evelyn Leaves Prison Weeping.
Mrs. Evelyn Nesbit Thaw broke
down completely while she was taking
'-ave of her husband. They were
standing before the door of Thaw's cell
talking, when the young woman buried
he- face in her hands and began to
sob. Thaw tried to comfort her, 'but
she could not control her emotion. She
was still weeping when she left the
prison. Asked, if it was true that she
is going out of the city for a time to re
cover from the effects of the long
strain, "No," she replied, "it is not true,
I'm going to stay right in the city
where I belong, so as to be near my
husband." From the Tombs Mrs.
Thaw went directly to the hotel where
she and her husband's famiK have
been staying for several months.
Jurors Almost Come to Blows.
Further details of the incidents
which occurred during the long session
of the jurors, continued to filter their
way into publicity today. One of the
jurors Is quoted as saying that when
iuOT wm returning to the criminal
Mmmmi
fepffSSl
New York, Afcril 13.—Absolute inac
tion in the Thaw case today followed
the intense strain and feverish inter
est of the many weeks that the trial
was under way. None of the lawyers
ip the proceedings was at his office
during the early htaurs of the morning,
all of them having been completely ex
hausted by the long wait for the jury
to bring in its report.
There was some confusion also, to
day. as to just what attorneys will do
'the talking for the Thaw side in the
future,
Barry Thaw spent a Testless night
in the Tombs, but according to the
attendants, slept three or four hours
in. the course of the' .night. He was
up early, and after breakfast spent
considerable time looking thru a news
paper. The reporters were om hand
early and sent up a note to him, only
to receive the reply that he had "noth
ing to say just at this time." To the
question asking what lawyer they
should see to obtain information re
gardlng the second trial, he replied
he did not care to say until he had
consulted with his family.
The first question to be decided by
the Thaw side is that of applying for
the release of Thaw, on ball. District
'Attorney Jerome has said a second
trial can hardly be reached before Oc
tober or November, and it will be urged
that it will be a great hardship to keep
Thaw .In prison during the many
months of waiting, when his family
stands ready to furnish surety in an
ample sum to insure his presence
whenever the second trial Is to be
called. If this application vis made,
however, it will be strongly opposed
by Jerome," who holds the prisoner's
wealth should make no difference! in
the treatment to be accorded him, and
that he should remain in the Tombs
just as any other person. x^.vj
courts building after breakfast Thurs
day^ a policeman approached them and
spoke to three of tile Jurors.
"I thought I would let you know
confidentially," the policeman is alleged
to have said, "that the defendant's fa
ther was a member of a certain secret
Order. I understand you are members
of It."
The same juror, in tellinjr of the first
open break among the twe'.ve men who
had Thaw's fate in their hands, said
that trouble arose during the early
morning Thursday, when Juror Pfaff,
who stood out for conviction from the
first, made some remarks which were
resented by four men who had voted
l'or acquittal. While at. breakfast that
day Juror Steele, approached Pfaff ana
said:
"Vou owe me an apology, sir."
"Indeed I do not," was the reply.
"You abused me," said Steele.
"I think you are very much mistak
en—I abused nobody."
"Then don't let me hear you talk like
that again.^
"Pardon me, sir, but I shall repeat
what I said as often as I choose Neith
er you nor ally other man can stop nie
"Well, let me tell you if you do, I'll
punch your 'd head off,' and
Steele shook his clinched fist in Pfaff'^
face. Other jurors interfered and pre
vented further trouble.
Young Nesbit Writes to Thaw.
A letter written by Howard Nesbit,
brother of Mrs. Evelyn Thaw, to Harry
Thaw, was made public today, it is
said by some of Thaw's counsel. In it
the young man wrote that when White
was shot he thoiight.it would be hero
ic to stand by "the man whose memory
to me was so precious," when Jerome
took his statement. NeslJit wrote to
Thaw:
"I told him what Florence told me,
or at least was supposed to have told
me. I will put it more strongly, and
say that she never told me anything
against you that would -end to hurt
you In any way. I lied, thinking that
it would help the man I thought was
so good.
"After Florence told her story on the
stand, believe me, I was with her from
that time on, heart and soul. I never
intended to say one word against her
if put on the stand. I would have for
gotten everything I knew. I would
have perjured myself oul. and out, if
you wish to call it perjury.
"I am not, and was not, afraid of
Jerome. Another thing I wish you to
bear in mind, and that is that I was in
fluenced by artful and designing per
sons, who urged me on to take the
stand that I did. I love and cherish
Florence as any brother should, and it
breaks my heart to think I cannot see
her. I want to see- her and tell her
how sorry I am. She would listen to
me, I am sure.
"I believed you were right and justi
fied In doing what you did, and you
are now in my estimation more than
a hero. I look upon yoij know as a
man fully sane and capable of holding
your own in every crisis."
He declared that he wrote EveTyn ho
was sorry, and asked her for $100 to
pay debts which he had contracted in
New York, but he added:
"She seems to be somewhat bitter
at me yet, and will not see me. She
answered that she did not have the
money."
Perhaps he was wrong in coming to
New York, but his parents were re
sponsible "for that, he wrote, adding
that he was now true to Thaw's cause.
He then appeals to Thaw fjr the mon
ey which Evelyn did not send to him,
and declares that he would rather kill
himself than go to "certain persons in
this city for help" thai, he will not
write home for money, and that at
times he has felt "like ending it all,"
BATTLE OF THE JURORS.
Only Eight Ballots Taken Few
Changes From Firist Votes.
New York, April 13.—The story of the
proceedings In the Thaw jury room as
they are leafned far outrank in inter
est the brief court proceedings which
brought the famous trial to a close. It
developed that the jury had considered
everything connected with the cast ex
cept "the unwritten law." Basing their
judgment entirely upon the evidence,
they-roted either for or against murder
in the first degree when they cast their
ballots. I.
The first vote was S to 4 in favor of
conviction. Then the jury tried to reach
a common ground upon a verdict of
manslaughter in the first degree, the
punishment for which ranges to a
maximum -of twenty years' imprison
ment.
The men in favor of acquittal
largely on the ground of insanity,
would not change their ballots and in
the end won over to their side one of
the eight who Savored conviction.
During the nearly forty-eight hours
of deliberation only eight ballots were
cast. The jury spent the two night
sessions dozing in their chairs.
The entire story of what tran
spired in the jury room from the
time the twelve men retired at 5:17
o'clock on Wednesday afternoon until
they finally decided that the prospects
of a verdict were too remote to war
rant longer discussion of the facts, was
told by one of the jjirors, Henry C.
Harney, No. 5, a manufacturer of pi
anos. The flnal^ballot, taken just be
fore the jury reported disagreement
in court, was as follows:
For conviction of murder in the first
degree—Deming B. Smith, foreman
George Pfaff, Charles H. Fecke, Harry
C. Brearley, Charles D. Newton, Jos
eph B. Bolton, Bernard Gerstman.
For acquittal on the ground of in
sanity—Oscar A. Pink, Henry C. Har
ney, Malcolm S. Fraser, Wilbur F.
Steele, John S. Beneen.
Mr. Bolton is the juror whose wife
died during the trial while the jury
was being kept under lock and key.
Juror Harney said:
"About ten minutes after we reached
the jury, room we took the first bal
lot and it resulted in a vote of S for
conviction of murder in the first degree
and 4 for absolute acquittal. The men
who voted for conviction were: Smith,
foreman: Pfaff, Fecke, Brearley. De
neen, Bolton, Newton and Gerstman.
The men who voted to set Thaw free
were: Pink, (Harney. Fraser and
Steele.
"Thirty minutes ehipsed before the
second ballot was taken and then the
votes- remained unchanged.
"A third ballot Was taken a't 9:45
p. m., on Wednesday and still thero
was no change lti the opinions of the
jurors.
"Thereafter there was considerable
discussion among the men, but most of
the night hours were spent in sleep and
no ballot was taken until 4:30 o'clock
the following (Thursday) afternoon.
This was several hours after the Jury
had appeared at the court for a re
reading of the testimony given by evenr
witness ot the tragedy. The fourth
ballot marked one change in the vole.
Four of the jurors still held out for an
acquittal, but of the rest Gernard
Gerstman, the twelfth juror, changed
his vote from murder in the first de
gree to that of manslaughter in the
first degree.
"About two hours later a fifth bnl
lot was taken and this showed a de
cided charge on the part of the jurors
who voted for conviction. It also
proved that the effort of the four jury
men who voted for an acquittal had not
been altogether in vain for they suc
ceeded In winning over to their side
Deneen, who up to that time had voted
for conviction. The rest of the Jurors
with the exception of George Pfaff,
who had voted for murder in the first
degree, decided that Thaw was only
guilty of manslaughter in the first de
gree.
"The sixth ballot was taken at 9:25
o'clock Thursday night and remained
unchanged. After that there was no
ballot until-12:20 o'clock yesterday aft
ernoon, when aU of the jurors showed
thsk they were of the same mind as
before, excepting Brearley, who, in ad
dition to voting for manslaughter in
the first degree, added that the de
fendant should be recommended to the
mercy of the court.
The last ballot was taken at 3:45 in
the afternoon and showed a most re
markable change In the entire jury.
The five men who had voted for an ab
solute acquittal changed their ballots
to that of not guilty on the ground of
insanity. In the hope of winning over
their colleagues, but the remainder of
the jury, ail of whom, with the excep
tion of George Pfaff, had voted for a
verdict of manslaughter, made up their
minds that Thaw was guilty of murder
in the first degree, and voted accord
ingly. This practically ended the de
liberations of the jury, and the jurors,
arriving at the conclusion that they
could never agree,' asked to be dis
charged.
Date of New Trial Uncertain.|g||
When a new trial will take place no
one connected with the case could ex
press: an opinion. District Attorney
Jerome declared that there were many
other persons accused of homicide
awaiting trial, and that Thaw would
have to take his turn witlv the rest.
As to a possible change of venue,
both the district, attorney and counsel
for TlAw declared they would make
no such move. Thaw's attorneys will
have a conference today with the pris
oner to decide upon their next step.
They may make application for an
early trial. Mr. Jerome said he would
strenuously oppose it. He added that
because seven of the jurors had voted
for "guilty" his opposition would prob
ably be successful.
In that event, Thaw has another long
summer before him in the city prison,
for his case on the already crowded
criminal calendar will probably not be
reached till some time next fall.
The scenes attending the announce
ment by the jury of its inability to
agree upon any sort of a. verdict were
robbed of any theatricallsm by the gen
eral belief that after their long delib
eration and the reports of a wide di
version of sentiment, the jurors
scould
make no other report than one of dis
agreement.
Thaw Hears Verdict in Silence.
Thaw, surrounded' by the members
of his family, the devoted aged mother,
the pale young wife, the titled sister,
the countess of Yarmouth Mrs.
George Carnegie and Edward and Jose
Thaw, the brothers, received the news
in absolute silence. When it became
known that the jury was about to make
its report and that the case would be
disposed of. Thaw called his wife to a
seat by his side and sat with his right
arm thrown about her until he was
commanded to stand and face the jur
ors. Smiling and confident as he en
tered the court room, he sank limp
ly into his chair when Foreman Dem
ing B. Smith, In response to a auestion
by Clerk Penny as to whether a ver
dict had been agreed upon, said
"We have not."
The mother, her features hidden be
hind a dense veil of black, sat stolid
and motionless. In ill health of late
she had felt severely the strain and
stress of the long hours of anxiety
and waiting. The wife, by her hus
band's side, gripped his hand tightly
as the jury foVeman spoke, and then
when he sunk down by her side, she
cried to cheer him as best she could by
saying that she believed he would now
be admitted to bail and that a second
jury would surely set him free.
The mother, the sisters and the
brothers, pale and well nigh exhausted
by their tedious, nerve racking wait,
for a verdict, smiled weakly at Thaw
as he was led away again to the Tombs.
They were permitted to speak with
him for a few momepts to bid him to
be of good cheer, and he crossed the
"bridge of sighs" to the cell in the
prison which until a few minutes be
fore he had hoped that he was about
to quit forever.
Outside the big square criminal
courts building only a few hundred
persons were gathered. The court room
itself was half empty. Only the news
paper men, the court attaches and a
few favored friends were allowed to
enter to hear the verdict. Justice Fitz
gerald feared a demonstration jf some
sort should the general public be ad
mitted, and he gave strict orders
against this.
Feels Crisis Coming.
It was 4:25 o'clock when the jurv
filed into the court room. Harry Thaw
had been waiting for a summons to
face the jurors ever since shortly af
ter 10 o'clock in the morning. He felt
that the day would bring a crisis and
that either a verdict would be reached
or that Justice Fitzgerald would dis
charge the jurors from any further
consideration of the case. This was the
genera! belief and the only remark
able feature of the case was the dogged
US IS
I

Nieces and Nephews of Man Who
Bequeathed Property to Gov­
ernment to Make Fight
WAS HOOKER'S MIND UNSOUND?
Heirs Claim It Was and Will So Al
lege in Court—Government Takes
Steps to Hold Bequest and Carry Out
Buffalo. N. Y., April 13.—United
States Attorney Bass today received
a letter from Attorney General Bona
parte, at. Washington, in reference to
the bequest of the late Capt. James
Hooker, of Irondequoit, near Roches
ter, to the United States of practically
all his property, valued at about $200,
(M)0. Capt. Hooker directed that his
farm of 183 acres, near Galesburg, 111.,
he given to the government for a na
tional park, and that the other property
be sold and the proceeds applied to tho
erection of a military academy in the
park. Hooker left no immediate rel
atives, but there are dozens of neph
ews and nieces who, it is said, will con
test the will on the ground that the
testator was of unsound mind. The
government, however, is not going to
give up the bequest without a contest,
and the letter from Bonaparte to Bass
•directed the latter to use his efforts to
sustain the jv^ll. 'X
OHIO A. O. .W. ABANDONED.
Suit Filed to Appoint Receiver For
Business of Department.
Cincinnati, \pril 13.—The Ohio de
partment of the Ancient Order of
United Workmen, is to be abandoned,
according to a statement made by Ohio
Grand Recorder Roever, today. Suit
has been filed to appoint a receiver
for the business, and wind up its af
fairs. Roever said that it was ex
ceedingly difficult to convince tihe
members of the fraternal organization
the wisdom of increased assessments.
Prominent New Orleans Men Charged
With Violating Anti-Lottery Law.
New Orleans, April 13.—The federal
grand jury today indlfcted for alleged
"conspiracy" in violation of the anti
lottery law: Albert Baldwin, Sr., .pres
ident of the New Orleans National
Bank Chapman Hyams, a capitalist
Frank T. Howard, receiver of the New
Orleans wa|er works and a capitalist
David Henmen Morris and Alfred Hen
men Morris.
t.
MARSHALLTOWN, IOWA, SATURDAY, APRIL 1« 1907
r't
Provisions of the Will—Estate Val
ued at $200,000.
INDICTED FOR CONSPIRACY.
INCENDIARISM IS SUSPECTED.
Origin of Flames Which De^royed
Four Chariton Stores, is Unknown.
Special to Times-Republican.
Charlton, April 13.—Incendiarism is
suspected as the origin 6f the fire
which destroyed four frame store build
ings here on the east side of the pub
lic square, Thursday night. The build
ings were of small value, 'but were too
good to t6ar down, and brought good
rents on account of their location.
There was sufficient insurance on them
manner in which the jurors continued
at their .task and declined to ask to be
excused.
Justice Fitzgerald had determined to
let them fight it out among them
selves until they should call for as
sistance. This appeal came at 4:15
o'clock and then followed a hunt for
counsel, both District Attorney Jerome
and the attorneys for the defendant
having temporarily left the building.
When they arrived, Justice Fitzger
ald notified them of the jury's com
munication that a disagreement seeme3
inevitable. Everyone connected with
the case seemed willing to accept the
situation as offering no hope, and then
followed the brief court room proceed
ings, at which the disagreement was
publicly announced, the jury dismissed
and the prisoner remanded. Entering
the court robm at 4:25 p. m., the" jury
was free eight minutes later.
Thaw Makes Another Statement.
Thaw, when he had returned to the
Tombs, prepared and gave out 'the fol
lowing statement:
"I believe that every man in the jury
possessing average intelligence, ex
cepting possibly Mr. Bolton, compre
hended the weight of evidence and bal
anced it for acquittal. All my family
bid me good-by with courage. I trust
(D. V.) we may all keep well."
To his attorneys Thaw said he was
deeply disappointed.
"But I could hardly expect anything
else in favor of the events in the past
few days," he added.
THAW'S BROTHER SAYS INSANITY
Interviewed in Rome, A. B. Thaw
Says Harry Should Be in Asylum.
Rome. April 13—A. Blair Thaw, a
half brother of Harry K. Thaw, who is
spending the winter in Rome with his
wife and daughter, was questioned to
day as to his views about the result of
the trial of Thaw. He said:
"The only opinion which I have on
the matter, and one which I have al
ways had, is that Harry should have
been put in an asylum long ago, for
his own sake and for others' sake. I
have nothing to say about the trial,
only it would have beeri unjust to con
vict him because it is a pathological
and not a criminal case."
and their contents to prevent any seri
ous loss, so the result is really of
benefit to the city in general, as It will
cause new brick blocks to be erected In
their -places. The whole square is now
composed of brick business blocks ex
cept four small frame buildings, two
on the east side and two on the souith.
THEOSOPHICAL NOMINATION..
Mrs. Annie Besant, Algar, India, May
Succeed Late Col. Olcott.
Kansas City, April 13.—An official
announcement was received today by a
member of the local branch of tho so
ciety of the nomination of Mrs. Annie
Besant, of Algar, India., as world pres
ident of .the Theosophical society, to
succeed Ihe late Co). Henry Steele Ol
cott, president and founder of the or
ganization.
RUSSIA WAKES UP-
Takes Steps to Relieve Condition of
Her Famine Stricken Subjects
United States' Contributions Re
oeived.
St. Petersburg. April 13.—Ambassa
dor Riddle transmitted to Baron de
Meyendorf, head of the Russian Red
Cross, $5,000 collected thru the Amer
ican Red Cross for relief of the fam
ine sufferers in Russia. The only other
American contribution received by the
embassy is $250 sent by Mr. Elynskl,
of Davenport, Iowa.
Premier Stolypin today submitted a
bill to parliament providing for an ap
propriation of $11,500,000 as a supple
mentary credit 'for famine relief and
asked for the earliest discussion of the
measure on account of the urgency of
the situation. rfyj?.
MAJOR GENERAL WADE RETIRES
He Has Reached Age Which Termin
ates Active Military Life.
Washington, April 13.—Mujor Gen
eral JaAes E. Wade, n^xt in rank to
Lieutenant General MacArthur. term
inates his active connection with the
military establishment today, by oper
ation of the law, on account of his
age.
WISCONSIN BLIZZARD GENERAL
Ten Inches of Snow l^laye Fallen at
Green Bay.
Milwaukee, April 13.—The blizzard is
general thruout ...Wisconsin today, and
Green Bay reports a fall of ten inches
of snow. The street car service and
telephone and telegraph lines are
hampered.
AMAFALA HAS FALLEN
SKI
Surrender, Absolutely Without Condi
tions, of Honduran Capital, Is Con-,
firmed President Bonilla's Passage
Abroad Guaranteed.
Paris, April 13.—The Nlcaraguan le
gation today received a dispatch from
•the foreign minister at Managua, con*
firming the surrender of AmapaJa,
Honduras, and adding: "The surren
der was absolutely without any con
ditions but we guaranteed President
Bonilla's passage abroad."
Plan Peace Conference.
Washington, April 13.—The state de
partment today received a dispatch
from Consul Brown, at La Union, Hon
duras, saying that a peace conference
would be held at Port Amapala, be
tween President Zelaya, of Nicaragua,
and President Fjguero, of Salvador,
immediately upon the surrender of
Amapala, which was expected momen
tarily.
FROST INJURES FRUIT
General Reports From Over Ohio, Ne
braska and Elsewhere, Report That
braska and Elsewhere, Say That
the Crop is Either Badly Damaged
or Entirely Desroyed.
Cincinnati, April' 13.—Freezing
temperature was general thruout the
Ohio valley last night. It is feared
that fruit of all varieties was badly
damaged or entirely destroyed.
Killing Frost in Nebraska.
Lincoln, Neb., April 13.—The tem
perature went below 20 degrees in- most
parts of Nebraska last night, and fruit
growers report that nearly all buds
have been damaged or killed.
YERKES TO PRACTICE LAW.
Resignation From Service of Govern
ment to be Accepted.
Washington, April 13.—The resigna
tion of John W. Yerkes, commissioner
of internal revenue, will be accepted
by the president. He leaves the serv
ice of the government to enter the
praciice of law.
Iowa at Washington.
Washington, April 13.—The post
master general has accepted the pro
posal of S. C. Johnson to lease new
quarters for the postoffice at Knoxville
for a term of ten years, to be located
on the southwest corner of Robinson
street and public square.
The gross receipts of the Des Moines
postoffice for the month of March were
$55,874. against $54,6S4 for the same
month last year, an increase of $1,163.
Missouri Fruit Crop Damaged.
St. Joseph. Mo., April 13.—The mer
cury was eight degrees below freezing
thruout northwest Missouri last night,
and growers say that fruit of all vari
eties was badly damaged.
Corporations Let One Drastic
Measure Slip Thru Legisla
ture Without a Fight
PETERSON BILL IS SWEEPING
Law Provides That Lands, Patents,
Machinery and Devices Put in Com
pany as Stock Must Have Its Ac
tual Value Passed Upon by Stat#
Executive Council—Ericson Bill,
Special to Times-Republican.
Des Moines. April 13.—While the at
tention of the corporations was at
tracted by the Ericson bill which re
quired that they make annual reports
to the secretary of state and pay a
small lax, the legislature passed the
Peterson bill, senute file 10!), which is
far more drastic and requires that
every stock transaction of a corpora
tion that is. not strictly on a ycash ba
sis and fully paid up, must be laid be
fore the executive council in all its de
tails. Evidently the corporations
while fighting the Ericson bill over
looked this one.
State officials believe the law one oil
the most drastic that has ever been
placed on the statute books. It will no
longer be possible for the man owning
a patent right to place a value on that
patent and then Induce a number ot
friends to go in with him and put in
cash to form a corporation to manu
facture the article. The matter must
be laid before the executive council
and the executive council must put a
value on the patent right. If a man
owns a lot of real estate in some arid
country or anywhere else and hasn't
the funds to hold it and put it on the
market, instead of valuing it himself
and inducing his friends to form a
stock company with him and they put
in cash and he his land at his own
valuation the executive council will
put the valuation on the land. Then
when the publictbuys the stock in the
proposed corporation it will have an
impartial valuation on the commodity
it is to put its money agaljist:
The primary intention of the law
is to prevent new corporations from
watering their stock. Of course since
every stock transaction that is not for
cash in full must have the approval
of the executive council it will hardly
be possible for an Iowa corporation to
make presents of blocks of stock to
public officials and influential men for
the purpose of gaining their interest
and influence in the proposed under
taking. The executive council might
not consider the influence and in
terest of a prominent citizen or offi
cial to be exactly in the interest of the
public.
While some of the members of tha
legislature interposed some objections
to the bill when It was under consid
eration the corporations themselves
did not fight the measure. All their
time and attention was taken up in
fighting the Ericson bill which was.
spoken of as the "corporation tax" bill.
The real purpose of the Ericson bill
was to get reports from the corpora
tions to the secretary of state. There
is a law now that requires them to
report, but there is no way of enforc
ing it and the purpose of the Ericson
bill was to provide for a small tax in
addition to the annual report. The
funds from the tax would add some to
ttie revenue of the state besides guar
anteeing a fund with which to enforce
the provisions of the bill, requiring
the annual report.
The Ericson ,bill was offered at the
request of the secretary of state's of
fice. There are hundreds of, corpora
tions in Iowa that have incorporated
under the laws of the state of Iowa
that are dead and many others that
have been given the privileges of the
corporation laws that are doing an il
legal business. There are others fio
ing business in the state that were in
corporated in other states that have no
legal right to do business here till after
•they have filed certified copies of their
articles of incorporation. Yet the sec
retary of state has no means what
ever of keeping track of these corpora
tions or of ascertaining what they are
doing. It is quite generally conceded
that there should be some report to
the secretary of state regularly and it
is probable that one of the first bills
offered to the Thirty-third general as
sembly will be the ^Ericson bill or a
modification of it.
MISS FENTON WINS SUIT
Complete "Victory for Plaintiff in Fort
Dodge Insurance Case.
Special to Times-Republican.
Fort Dodge, April 13.—Miss Fannie
Fenton, whose brother, James Fenton,
met death by falling from a window in
a Boone hotel in November, 1904, has
won a complete victory in her suit for
insurance against the Iowa State Trav
eling Men's association. The jury was
out seven hours. The plaintiff sued
for $5,600, the amount of the policy and
interest. The association contested
payment on the grounds that Fenton
was intoxicated at the time of the ac
cident, and will appeal the case.
IMPRISONMENT FOR LIFE.
Ned West, of Elkader, Convicted of
John L. Boland's Murder.
Special to Times-Republican.
Elkader, April 13.—The jury returned
a verdict of murder in the first degree
in the case of Ned West, who has
been on trial for the mufder of John
•tf-
T.-R. BULLETIN.
The Weather.
Sun rises April 14 at 5:25 sets at
6:3(1.
Iowa and Missouri Fair tonight
and Sunday rising temperature Sun
day and in the west tonight.
Illinois—Fair tonight and Sunday
freezing temperature tonight rising
temperature Sunday.
South Dakota—Fair tonight, possi
bly becoming unsettled by Sunday
night slowly rising temperature,-:
PAGE ONE.
Tolitgraphic News,
Battle of the Thaw Jury.
New Trial Many Months Away.
Russia Takes Steps to Relieve Stj^v
in£.
No More Watered Stocks in Iowa.
Harriman Star Witness in Police
Court.
Hooker's Heirs to Fight Government
Family of Eight Perishes in Fire.
Frost. Damage in Many States.
PAGES TWO AND THREE.
Iowa News.
Good Showing for Municipal Owner
ship.
Improvements at Ames College.
Dynamite Suspect Arrested.
Bride Missing for Ten Years Found.
Will to a Fortune Missing.
1
PAGE FOUR
Editorial
A Low License—But a Winner,,
Panicky Conditions Eased.
The Dead Man's Money.
Topics of the Times.
Iowa Opinions and Notes.
Looker-On In Iowa.
Sunday Rending.
PAGE FIVE.
General News:
Rogers is Optimistic.
The Masqueraden
PAGES SIX AND SEVEN.
City News:
Supervisors and Recorder In Row.
Call.Names and Have Warm Time..
Theodore Johnston foi^ Lay Delegate.
Special Election to Buy Fair
Grounds.
Presbyterians Ayill Finish Canvass.
Must Give Back Child.
!l?lat New City Addition.
Sartorlus Still Missing.
Jury Panel Completed.
Local Comment.
The City Field.
PAGE EIGHT.
General News:
Cattle Steady, Strength in Hogs.
\yheat and Corn Strong.
Business Leads Previous Years.
L. Boland. West's punishment was
fixed yesterday afternoon, at imprison
ment for life.
The verdict gives general satisfac
tian here, as the murder of Boland the
day before election last fall' excifea
universal horror in this vicinity. The
circumstances were particularly atro
cious. Boland and West were friends
and neighbors and no men-in the coun
ty were Vnore intimate.
West clubbed the other to death
(and
then buried the remains in a culvert.
He maintained his innocence hruout,
but admitted that he had quarreled
with Poland. Owing to the excitement
of the election which followed close
on the heels of the murder, the case
has been largely forgotten in parts of
Iowa remote from the scene of the
crime.
SUICIDE IS DOUBTED
County Prosecuting Attorney Refuses
to Accept Verdict of Coroner's Jury
On Woman's Death at Cape Girar­
deau, Mo.—Husband Under Guard.
Cape Girardeau, Mo., April 13.—The
verdict of the coroner's Jury that Mrs.
Dr. A. D. Blomeyer, who died myster
iously Wednesday, had committed sui
cide, has been ignored by County Pros
ecuting Attorney Alexander, and he to
day caused a guard to be placed over
Blomeyer, and applied for the appoint
ment of a lunacy commission. Blo
mfeyer was found unconscious when his
wife's death was discovered, and lay
in an adjoining rom. When he was re
stored to consciousness he declared
•:hat his wife had taken her life toy in
jecting morphine. The testimony of the
servants of the household was to the
effect that Blomeyer had quareled with
his wife prior to her death.
CHARGED V^ITH MURDER
Ed. Lewis Under Arrest at Des Moines
for Killing Lewis Upgood.
Special to Times-Republican.
Des Moines, April 13.—Ed. Lewis
was arrested here today for the murder
of Lewis Upgood in the Great Western
roundhouse, where both worked. The
murder was the result of a quarrel.
EIGHT DIE IN FLAMES
Head of Family at Dennison, Tex., At
tempted to Start Fire With Kerosene
and Explosion Took Place, With Fa
tal Results.
Dennison, Tex^, April 13.—Eight
persons, members of the family of J.
C. Price, were burned td death early
today near Gunter, Tex. Mr. Price at
tempted to start a fire with kerosene,
when an explosion followed.
LAFE YOUNG HAS FIRE LOSS.
Residence of Des Moines Editor Dam
aged This Morning. j:
Special to Times-Republican.
Des Moines, April 13.—The residence
of Lafe Young, editor of the Capital.
was damaged by fire this morning to
the amount of several hundred dollars.
ESSENTIALLY A HOME PAPER—
"Esseptially a home paper," My*
the Maxwell Tribuna of tha T.-R«
No paper gives more Iowa new*
and gives it in such a concise ma/i-i
ner and the affair* of the nation
and of the world are handled in a
comprehensive way that gives you
just what you want to know.* !,
$$•••::•.
N E 8 9
Prosecuting Witness in the Cas6
Against Employe Who Sold
the Webster Letter
MAGNATE ADMITS CORRECTNESS
Letter Which Stirred Up Controversy
With President Roosevelt Was Cor
rect as Printed—Not Permitted tot
Answer Some of the Questions Pro*
pounded—Case Not Concluded.
New York, April 13.—E. H. Harrlmant
appeared in the Tombs police court to
day as a witness against Frank W,
Hill, his former stenographer, who is
charged with having sold for publica
tion the famous Sidney Webster let
ter, written-by Harriman. Publication!
of this letter led to the exchange of
statements between President Roose
velt and Harriman.
Samuel B. Ranck, a newspaper man«
and Walter L. Rathbone, a lawyer#
testified that Hill called at certain
newspaper offices In this city, and of-,'
fered the letter for sale that he react
the letter from his stenographic notes
in their presence he then s^ore under
oath as to the authenticity of the tran
script. When Harriman was called ta
the stand, he identified the Websteff
letter, and said that as published in tha
newspapers it was substantially cor
rect. He never authorized its publi
cation nor had given permission to let
the letter go out of his office. He saidi
Hill had been formerly in his employ]
and been discharged some months be
fore the publication of the letter. Har
riman said he had not communicated!
the contents of the letter outside his
office except to Webster.
Harriman was not permitted to an
swer a question as to whether he had1
read the letter to former Governor
Odell, J. H. Hyde, Senator Depew and
others. The action adjourned then un
til April 19.
LORD NEVILL TO JAIL.
Given "Same Sentence for Swindling is
if He Had Been Laborer.
London, April 13.—At ClerkenweU
sessions, today Lord William Nevill
was found guilty on a charge of
swindling a pawnbroker and sentenced
to a year's Imprisonment The Judga
in pronouncing the sentence, sal^ that
he should treat the case a^ that of any
other prisoner, and would give him tfa*
same.sentence as he would a working
man/ Nevill Is the fourth son of ths
Marquis of Abergavenny.
FATALLY WOUNDS THREE.
New York Ticket Agent Was Angry)
Because Relative Reproved Him.
New York, April 13.—^Angered be
cause he had been reproved for leav
ing a window open near his bed last
night, Frederick Mattheson, aged 58,
a ticket 'agent for the Interborough
Transit Company, today shot and prob
ably fatally wounded his mephew.
George Hoffman, aged 48,'with whom
he lived, Mrs. Hoffman, aged 49, and!
Arthur Goubelman, aged 23, a nephew
of Hoffman's. Mattheson was ax+,
rested.
t-
8TOLYPIN FULFILLS THREAT. :,
All Except Deputies Excluded Prom
Tauricle By Palace Guards.
St. Petersburg, April 13.—Premleff
Stolypln's threat to use the palace
guards to prevent outside experts from
assisting the committees of the lower
house of parliament, was put Into effect
tofiay. Guards at the entrance of
Tauride palace were ordered to exclude
from the building every one except!
deputies.
GENERAL BOTHA IN LONDON
Premier of Transvaal Colony Glvsit
Hearty Reception There «nd ElsS-t
where.
London, April 18.—den. Botha, pre
mier of the Transvaal colony, arrived
here today to attend the conference ofl
colonial premiers. The 'reception ac
corded the general both at Southamp
ton and London was remarkably
hearty.
FAIRBANKS JOIN3 LODGE
Representative .Watson Also lnitiate|
by Knights of Myetio Shrine.
Indianapolis, April 13.—Charles W.
Fairbanks, vice president, and Repre
sentative James F. Watson, of the
Sixth. Indiana district, were members
of a large class Initiated liito the mys
teries of the Knights of the Mystia
Shrine l&st night.
HONORARY DEGREES GIVEN.'
To Distinguished Foreign and Amer«
ican Guests at Carnegie Rededieatton
Pittsburg, April 13.—One of the
most impressive ceremonies in con
nection with the rededicatlon of the
Carnegie Institute, was held this after
noon, when honorary degrees were con
ferred on the distinguished foreign
and American guests by the Western
University of Pennsylvania.
Prominent Knight Templar Dead.
Washington. April 13.—Frank H.
Thomas, formerly of Michigan, grand
captain general of the grand encamp
ment Knights Templar, died here t*

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