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OM. AND SUN-TELEGRAM VOL. XXXVIII. NO. 243 RICHMOND, IND WEDNESDAY EVENING, .AUGUST 20, 1913 SINGLE COPY 2 CENTS OWEII TERRY TODAY GRANTED ANOTHER HEARING BY JUDGE Young Woman Expert Probing Fatal Fire IMPERSONATION OF HAMLET CHARACTER DELIGHTS AUDIENCE PREPARING HOW FOR NOVEMBER CAMPAIGN 1913 IS TO PROVE D. L, MATHER OIED LAST EVENING AT A BREAKER BUILDING HERE CARP LAKE. MICH Montaville Flowers Says Pro gressive Party is Sure to Grow. in Mew Trial on Charge of Be t ing Accessory to Murder, Str;ts September 8. A Warm Welcome Given Mr. Flowers by Large Chau tauqua Crowd. Already 210 Building Permits Have Been Issued By City. Prominent Local Business; Man Succumbs to ' Apoplexy. THINGS TO BE DONE THE yni RECORD i . PROSECUTOR OBJECTS Court States Grounds Upon Which the Petition was Granted. Owen Terry, who was convicted of feeing an accessory in the murder of ' Marshal Richardson last Friday morn- j ing, after the jury had deliberated for ' twenty-three hours, was granted a j new trial this morning by Judge ?Fox.i The prosecutor argued every point of , law in the case and reviewed the tes- j timony of prosecuting witnesses in i an attempt to oppose the . granting of ; a new trial. The murder took place! . in Cottage Grove last March.- "If you grant this man a new trial j we never will be able to get a jury in Wayne county which will convict Terry," said Reller. "The jury was a fair one. On what grounds can you give this man a new trial?" he asked. "I grant him a new trial on the grounds that the state did not prove beyond a reasonable doubt that the man was guilty of being an accessory before the fact," said the ourt. Testimony Reviewed. Terry was accused of handing his father, Will Terry, the gun with which the latter shot and killed Richardson. Reller in opposing the'petltion of Wal ter Bossart, attorney for Terry, for a new trial, reviewed the testimony of witnesses Bud Todd, Kenneth Hackle road and Arthur Gardner. Todd tes tified that the gun used by Will Terry in shooting Richardson was in the possession and was owned by Owen Terry a few weeks before the crime. Harkleroad said he saw the gun in the possession of Owen Terry the after noon the crime was committed. Gard ner recognized the gun as the one handed by Owen Terry to his father just before Richardson was shot. According to Bossert the verdict of the jury did not substantiate evidence and law in the case. He argued that the circumstances concerning the crime would not justify the defendant in being brought to trial on the in dictment returned by the Union coun ty grand jury. His handing the gun to his father would not justify the charges brought against him unless he had urged his father to kill Rich ardson or unless he had premeditated the crime with his parent, according to Bossert's argument. Bossert further said the character of the state's witnesses was impeach able. "Many of them are gamblers, drunkards and one is a bootlegger," he said. Reller said he discredited the testi- mony of Mrs. Terry and the sister of the defendant because of the interest laree audience. they were taking in the case. "Blood ' D you know that it was not until is thicker than water and I am not j si' days ago that the Japanese re surprised they testified as they did," j sealed their true intentions and pur he said. j Poses of settling in this country," he The prosecutor quoted the testi- j asked. "Do you know that Japanese mony of one of the witnesses who lecturers are campaigning the United testified that Will Terry said, "I wish States in the interests of their side of I had a gun." "Then when the trou-the controversy by branding the ble started Terry walked after his son j American people as ignorant jingoes and came back with a gun, and Gard ner said he saw him hand his father the gun," said the prosecutor. Judge Fox'ataajfted that the mar- ehal had exceeded" 'his authority in ar-; ever faced by the American people, resting Robert Terry, a brother of. This lecture is given with the hope Owen Terry. Robert Terry was J that the people will be able to fully ap knocked down by the marshal with a ; predate what Japanese immigration club, according to the testimony of ' to the United States really means, the witnesses. The court cited 135th j japan's true intentions is the inter Indiana common law as an instance ; mingling and intermarrying of her where a defendant was rreed from a ; race with the white race This is her charge of murder after he had shot a j reason. The Japanese is a fatalist and Marshal after the officer had knocked ; tne mind of a fatalist is that of a bar him down with a club. Robert Terry j barian. He will never unless he is per is now serving a sentence in the peni-, mitted to intermarry with the Caucas tentiary for cutting George Webb, dep-, ian race develope the stature and ln uty marshal, with a knife at the time j tellect of the white man. The fatalist's the murder was committed. niin(j acCepts trouble, privation, bat- The new trial of the defendant will ; tle war death( everything just as they be started September 8. In setting J the date for the trial the court said I ' ' ' he did not want to keep any guilty man out of prison, but there would j not be any doubt as to a man's guilt when sent to the penitentiary from the Wayne circuit court when he was on the bench. The first ballot of the jury, six for acquittal and six for conviction, was ; commented upon by the court. "If" those six men had thought Terry was Innocent they should never nave changed their decision," said the Judge. A1TT JTANTS RTTRN A aa aaa TlTDATDPl Herschel Nicholson, twelve-year-old $60,000 THLATKb;son of Mr aad Mrsj F c xlcho!9on NatIonal News Association) ; 423 South Eighth street, was hit by I CH1SW1CK. Eng., Aug. 20. Mill-; belt car No. 302 aboufc 4:30 o'clock tant suffragettes caused $60,000 dam- . yesterday afternoon. The accident oc age here today by burning down a curred orl Main street 1- Tenth ! theatre. The building was destroyed ... j within less than an hour as the inter- !and streets. Although knock- jior had been soaked with oil and ed iTom nls 'heel, which was com i grease. , pletely demolished, the boy was DR .SUN IN JAPAN (National News Association) ' TOKIO, Aug. 20. Dr. Sun Tat Sen, first president of China and one of the instigators of the present revolu- j tion In southern China, who arrived at ! time .according to witnesses who say Yokohama yesterday left today forj Motonnan PiCkering stopped .Canada. It was said here that Dr. I .... . , t v ! Sun will cross Canada and sail foriw,thm four feet after h5ttmS the 7 England from the eastern coast HeConductor A. Kiphart oad charge of (CipecU to raise funds In England. the car. l f i WkK y v--'"IK" V " MISS FRANCES PERKINS. "The Binghampton fire is an illustration of the criminal ignoiunce of exempting four-story factory buildings from the law requiring staircases enclosed in fire-proofing material." This was the comment of Miss Frances Perkins, secretary of the committee of safety of the city of New York, who was at Binghamton, N. Y., investigating the Are catas trophe of the Freeman overall plant, in which 63 ' lives were lost. Miss Perkins lays the entire blame for the great loss of life on the state leg islature, which allowed the fire prevention bill to pass with the exempt-,-ing clause in it. , . SHOULD NOT PERMIT THE JAPANESE TO IMMIGRATE That the Japanese are fatalists and should not be permitted to immigrate to this country under any circumstan ces was the keynote of an eloquent and stirring address delivered by Mon taville Flowers on the "Colored. Guard and Picket Line" at the Chautauqua grounds this afternoon. He spoke to a and criminal demagogues?" Important Problem. "No question of greater significance, no problem of greater importance was BELT CAR STRUCK YOUNG NICHOLSON " TT , However, He Was Not Badly Injured Bicycle Was Demolished. thrown clear of the track and escaped with but a few scratches. Young Nicholson was turning his bicycle in the street, when the car, which was going east, struck him. The car was running slowly at the come. He accepts them as the gift of God and abides with the consequen ces. "The Japanese are not civilized they are barbarians. And they will not become civilized until the Mongolian race intermarries with the white race. Keep Races Separate. "Keep the races separate by all means. Recently I heard a Japanese lecturer speak on the reasons why his people should be permitted the freedom of this republic. My blood boiled and it was with difficulty that I refrained from making an extem poraneous reply. "The Japanese do not dare to in vade and try to settle in GermanyJ nance ana omer European countries. Those powers recognize the intentions of the Japanese and have made laws to prevent them. The United States is appealed to because she is a republic, free and easy-going and they think will grant them all their requests. "The Japanese question is one of national import and demands the greatest diplomacy and statesman- ship in its solution. I say nothing ! which might complicate matters be- tween the countries. I touch no pha ! of the problem which might be deem-1 ea unwarramea. instead l wrote this lecture and delivered it because the American people do not realize what the immigration of Japanese to the United States means. APPLIANCE MAKES AEROPLANE SAFE (National News Association) PARIS, Aug. 20. A new appliance to make aeroplaning safe was success fully tried out at the Chautauqua j aerdrome today. Aviator Pegoud as- j cended 700 feet in a monoplane and I then intentionally tipped the machine over. An automatic parachute attached to the machine saved Pegoud's life. VINEGAR ADMITS DRINKING CIDER "Yes, your honor, I drank too much hard cider," said Robert Vin egar in police court this morn ing, in answer to a charge of public intoxication. He was fined one dollar and costs, which he paid. Although the court officials be lieve that Vinegar was not telling the truth when he said he had be come intoxicated on cider, the po say that this must have been the case, as the man was arrested Monday night, and was still too intoxicated yesterday morning to appear in court. Vinegar is a section hand on the C. & O. rail road and resides at Williams b urg. . HAS ANOTHER LECTURE Illinois Glee Club Rendered Beautiful Program Last Night. TONIGHT'S PROGRAM. 7:00 p. m. Illinois Glee C!ub. 8:00 p. m. Evelyn Bargelt, Car toonist and Chalk Talker. TOMORROW'S PROGRAM. 9:30 a. m. Mrs. Adams, "Cleans ing Waste Places." 10:30 a. ra. Prof. Adams, "Dream ers." 1:15 p. m. Illinois Glee Club. 2:30 p. m. Mrs. Adams, "Ad vanced Ideals." 4:00 p. m. Illinois Glee Club. 7:00 p. m. Illinois Glee Club. 8:00 p. m. Judge Marcus A. Kav anaugh "Traitors to Jus tice." With voice and action excellenty suited to his task, Montaville Flowers, well-known lecturer, gave an imper sonation of "Hamlet" of Shakespeare's tragedy before a largo and apprecia tive audience at the Chautauqua last night. Nothing of similar nature has been heard here this year. "Sunshine" Hawks, platform mana ger introduced Mr. Flowers, saying ho is the best interpreter of Shakes peare on the Chautauqua platform and a warm welcome was given the lectur er when he stepped forward. Hamlet Not Insane. He preluded his impersonation with a brief discussion of Hamlet. Since practically all criticism of Hamlet cen ters on the question, "Was Hamlet Mad?" Mr. Flowers answers the prob lem in the negative, saying: "Hamlet is treated as a boy. Is he insane? No. And we of the twentieth century can appreciate, that he is not better than, those critics who lived in earlier centuries. He sayl he intends to act so as to deceive his uncle whom he suspects, practically knows is the murderer of his father, the King of Denmark. "Hamlet is a young man, sensitive, gentle, universally loved ith extra ordinary brilliancy of mind and pos sessing an extensive vocabulary of words and phrases which often make him misunderstood by his less intel lectual friends. Horatio, Hamlet's bos om friend thinks he is mad, his moth er and sweetheart, Ophelia, cry aloud that he is insane and Polonius asks him that significant question, "Do you know me?" and believes him mad when Hamlet answers: "Excel lent well: You are a fishmonger." Play in Three Parts. Mr. Flowers gave the play in three parts, outlining it after the first ap pearance of the ghost of his father. The impersonator displayed his ap preciation of the root of the tragedy of Hamlet by emphasizing the most j affecting point the ruin and downfall j of ahigh and noble soul. It is this and not the murder and massacre of the play that is the tragedy, he said. Emotions Brought Out. Throughout his production, Monta ville Flowers, brought out wherever it came in the play, passion, anger, re- ; morse, love kindliness, and other feel ings and characteristic actions of the players in the tragedy. With equal genius he affected the brogue of ser vants and guards. He mimiced well the deep toned utterances of the King, Hamlet's uncle, the plaintiff voice of Ophelia and the conversation of Ham let, sorrowful, sarcastic, angry at dif ferent times. Hamlet's emotions in the play are varied and Mr. Flowers impersonated him throughout the production to a true degree. The genius of Shakes peare was shown in his task and his audience was given a true glimpse of Hamlet's nature. Dialogue and Soliloquy. Bits of dialogue and soliloquy, dif ficult for the speaker but imperson ated by him remarkably well arous ed theadmiration of his audience. Af ter each act he was enthusiastically applauded. Mr. Flowers on being introduced de clared that he had two lectures for the audience to decide which they would rather hear. Either the impersonation of Hamlet or a lecture called the Cof ored Guard and Picket Line, a discus sion of Japan's foothold in the United States. He said he preferred to give the lecture but would leave it to a vote. The people deicded for the im personation of Hamlet and so today Mr. Flowers gave his lecture on Ja pan. Glee Club Popular. With each appearance the ability of the Illiuois Gle Club, composed of four young Chautauqua singers, is shown to better degree and they are rapidly establishing themselves in the admiration of the audiences attending the Richmond Chautauqua. Each has a voice of good tone. Following is the program rendered last evening: In the Shadows and Soft and Low The Bells. . Saldrus chorus from Faust and Way Down South Quartette. (Continued oa Pago Three) Says National Party is a Local Party. That every political party that be gan as a national party became a local party when its national issues were applied to local conditions, was the assertion of Montaville Flowers, chief of thes peakers' bureau of the publi city department of the Progressive national party, in speaking of the pre ! paration and organization which is now going on for the coming Novem ber campaign. i Mr. FJowers is a Chautauqua lectur ' er and delivered "Hamlet" last night . and a speech this afternoon on the ! grounds. He has been in Chautauqua work for a number of years. With the birth of the Progressive party last fall, he joined it and became one of its most enthusiastic and influential members. Chief Speaker's Bureau. The effective work done by him dur ing the last campaign was noticed by the leaders and he was made chief of the speakers' bureau because of his ; wide experience and high standing as president of the International Lyceum Association. He has attended confer ences at which Theodore Roosevelt and other leaders of the party have been present and is in close touch with what Is being done. "Notwithstanding all reports to the contrary, the Progressive party will not only live but will grow larger as time progresses." he declared. "The party is now uniting and preparing for the November campaign." "It takes national issues to bring out the full force of the party and so I maintain that no party that begins as a local party lived and yet in cases of vica versa, the party always lived and became a dominating factor. Apply the national issues and principles to the local conditions and vote the local ticket. This Is the advice b.eing sent out from the bureau to the followers of this party. Results Brought About. "We think it is doing well to elect a mayor at this time, a year after the birth of a party. The Cincinnati En quirer in its leading editorial recently paid the highest tribute that has yet been paid to the. real value and real need of the national progressive move ment when it said only a year ago that but three states in the union had laws on Mothers' pensions and Social insurance, while twenty states today have those laws and a dozen others are considering them through their legislatures. "It is proven there that the Progres sive party has done more than the two old parties have done in power in a half century of legislation." Mr. Flowers was enthusiastically re ceived in Richmond and made a suc cess of his lectures last night and this afternoon at the Chautauqua. He is moving his family from Los Angeles, California to New York city in order that he can be at the Progressive head quarters. In the near future he has an apointment with Ex-Senator Albert J. Beveridge and the two men will discuss the line of campaign to be conducted this fall. DESIRES GASOLINE TAKEN UNDERGROUND Fire Chief Miller Will Com municate With State Marshal. The state fire marshal has issued orders to almost every city in the state that gasoline tan&s must be placed under ground. Fire Chief Mil ler has, as yet, received none of these orders and is very anxious to have this ruling in effect here. "Richmond has been fortunate in having no gasoline tank explosions and I believe that we should safeguard ourselves by placing the tanks under ground before there is such a calam ity here as would be caused by a gas oline explosion as these usually re sult in the loss of life or at least ser ious injury to a number of persons." The fire chief will communicate with the fire marshal. COUHSELJO THAW Will Fight Return to State of New York. (National News Association) SPRINGFIELD. Mass., Aug. 20. Mr. and Mrs. George Lauder Carnegie, brther-in-law and sister of Harry K. Thaw, passed through her today on their way to Sherbrook, Canada, to as sist in the legal battle to prevent the return of Harry Thaw to New York. They were accompanied bv counsel. Neither Mr. and Mrs. Carnegie left their car until long after it was at tached to an express bound for White j River Junction. 1 Chautauqua Lecturer GOT A LATE START Expected That the Total Cost Will Run Above Half Million Mark. That this year will prove a record building year is the opinion of City Controller McMahan and several well known real estate men in the city Already 210 permits for buildings val ued at 1359.300 have been issued by the controller and with more than I four months of the year remaining. this sum is only $70,000 less than the total cost of the buildings erected last year and plans for several large dwellings and business houses to be erected this year are on foot. It is believed that this record would have been much higher had it not been for the rains in the spring. Buil ding was delayed and from the pros pects in late spring, 1913 was expect ed to be one of the poorest building years experienced here for some time. The spring floods also delayed the shipping of building materials. $430,639 Last Year. The total amount of building last year yas $430,639. There were several large buildings erected and a number of residences which cost several thousand dollars to build. Last year was considered a banner year for building. In July there were only 60 vacant houses. The count was taken after the dearth in substantial workingmen's residences was felt here so keenly and this small number of houses which were not occupied surprised many. Several of the sixty vacant houses were almost unfit for tenancy. The result of this count was the im mediate planning of a number of small homes which could be rented cheaply and yet furnish the working men with comfortable residences in a good part of the city. Reeveston Dwellings. It is now anticipated that a number of fine dwellings will be erected in Reeveston place. The progress that has been made in the improvements there, point towards heavy building thsi fall. Other points in the east end will be built up with the opening of Reeveston place, and ground has been broken for several residence which will cost more than $5,000 each. These are not included in the total for buildings so far this year as per mits have not been taken out for them as yet. Push Two Additions. The promoters of Bungalow Hill and Pleasant Hill in West Richmond will push the buildings in these additions and permits for houses of which the total valueis expected to exceed $25,000 will be taken out soon. A number of houses are planned for East Main street opposite Glen Miller park since the construction of cement curbs and sidewalks has made en trance to this ground more conven ient. Several plots of ground have been opened in the neighborhood of Beall view in South Richmond and although the building in this section is not heavy, the additions of the sub-divisions will cause an increase in the number of houses built. All Contractors Busy. Contractors find more work than they care of and the chief concern now is to secure efficient workmen. Carpenters, bricklayers, masons and other artisans have been at work con tinually for the sirmmer and expect enough inside work this winter to keep them employed during the cold months. It was learned recently that plans for several large office buildings are being made. One of these, to be constructed this fall, will cost more than $25,000. Some of the largest permits taken out this year were: Miller Bros., new warehouse, $30,000! Pilot Motor Car company, factory, $75,000; School cor poration, Morton school house. West Richmond. S30.000: John Evina. of- I flee building. Tenth and Main, $30,000; Eagles Lodge, lodge building, 22 South Seventh street, $20,000; Linden Real ty company, apartment house, 13 North Tenth street. $10,000. The highest priced residence built this year, is now under construction at 1429 Main street. This will cost the builder, Williard F. Carr. $11,000. JOHN A. BUFFKIN DIES IN OKLAHOMA Friends of John A. Buffkin. a for mer Richmond business man, have been notified of his death in Oklahoma. Mr. Buffkin lived in Richmond a num ber of years and was engaged in the retail meat business on Main street. THE WEATHER STATE AND LOCAL Fair tonight and Thursday; warmer in north east portion tonight. TEMPERATURE Noon 87 Yesterday. Maximum s Minimum , 68 VERY UNEXPECTED Entered Coal and Lumber Business in This City in 1S76. David Lindley Mather. 0. one of Richmond's most prominent business men, died at Carp Lake. Michigan, last midnight of apoplexy. The body will be brought here. Funeral ar rangements will be announced later. Last Thursday, Mr. and Mrs. Mather' left for a ten days' pleasure trip to the Michigan resort, where they had been accustomed to go each summer. Mr. Mather had been in the best of health. He had had no preTious at tacks of apoplexy. About 11 o'clock last night a tele gram was received saying that Mr. Mather was seriously 111. About 3 o'clock this morning word was re ceived of his death. It is believed that Mr. Mather over-exerted himself, as he was a very active man for his age. He was born on a farm, near Leba non. Ohio. June 22. 1852. and his early boyhood was spent there. Later he attended the country school and Earl ham college when It was a boarding school. In 1S71 and 1872, he taught school In Warren county and In 1873 at Bethel, Indiana. In 1S76, Mr. Mather entered th coal and lumber business in this city and In 1SS0 he was Joined by his brother, Harry, in the firm well known as Mather Brothers. In 199 this Arm was incorporated under the name of Mather Bros. Company, of which the deceased member 'was the secretary and treasurer. Mr. Mather was a Knight 1 Templar and a member of the Travelers' Pro tective association. He was an actlr member of the local Commercial club and always a public spirited man. As trustee of the First Presbyterian church, he was most faithful In his devotion to its interests. Mr. Mather was married to Miss Emma E. Harris, of Cincinnati, on December 19. 1878. mho. with one sis ter and two brothers, survive, him. Mrs. Albert Kelsey. 24 North Twelfth street, and Harry Mather, 101 South Eighth street, and Samuel : Mather, of Spring Grove. As there has been very little com munication with the prostrated wife, the bereaved relatives here are over come with anxiety. It is hoped that some definite word will be received here soon. MILLER WILL ASK $37,00OJOR 1914 New Aerial Ladder Truck, Costing About $8,500, is Desired. City Controller McMahan has re ceived a written account from FIr Chief Miller of the anticipated, needs of the department for the coming year, to be used in making up the budget. The chief wants $37,000 for the department's use. It is anticipated that the salaries will increase over those of last year, which amounted to $22,000. and there fore $25,000 will be asked for this pur pose. The new aerial ladder truck, which is needed by the fire compan ies, will cost at least $8,500 or $9,000. As the chief fire engineer expects the council to pass favqrably on thlr plan, he included this amount. Horse feed is $1,000. while miscellaneous ex penses usually amount to $2,000 for chemicals and expenses in answering fires. In the budget made up in Septem ber, 1911, $5,672.51 was allowed for a new fire truck. This auto track has cost the department only 20 cents a day for upkeep, while a horse costs 40 cents a day and two are required for each wagon. !BIG CONSUMPTION OF "COFFIN NAILS" (National Nwi Association) ; INDIANAPOLIS. Aug. 20. Hoosiera are not letting the inhabitants of oth er states "put anything over on them" when it comes to the consumption of liquors, cigarettes and cigars, accord ing to revenue returns for the year ending June 30, 1913. as compared with the similar period Just preceding it. The net Increase in revenue receipts for the entire state was $1,302,189.89 split as follows: Indianapolis district. $10, $02. 839 in 1913. as against $10,923,816.20 in 1912. The consumption of "coffin nails" was tremendous. BOX CAR ON FIRE A small fire of unknown origin wa discovered this morning by railroad men in a car used by the fence re pair gang. The box car was In a string along the Pennsylvania rail road at Sixteenth and North F streets, and threatened the train.' The hoe companies extinguished the blaze be fore it spread. The loss was slight.