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VOLUME 61 r! tP1 & 1 I HSB- "j1 NOBLY DIVIDED BY MRS. UTT AK-.f ^DTfUMWA WOMAN INCLUDES RELATIVES AND OTTUMWA HOS REMEM- PITAL IN BRANCES. LIST OF HER NIECE LUCILLE CHIEF BENEFICIARY DAUGHTER OF MRS. ANNA M'NAIR .IS GIVEN IMMENSE SUM—HUS BAND LEFT $10,000 ESTATE AGGREGATES $200,000. Miss Lucille McNair, an nuity until 60 years of age, and then entire remainder of estate. Judge W. H. Utt $10,000 Ottumwa Hospital Ass'n.. 5,000 Matilda Jardine 3,000 Harold McNair 3,000 Mrs. Clara A. Carroll 2.000 Mrs. Emma Creaswell... 500 Mrs. Anna McNair (per month) 140 •'«.* The noble wpirit of the late Mrs. Sarah Johnson. Utt. perhaps could not have been more magnificently reflect ed than in tha .provisions of her win, Just filed In the probate court of Chj nago. Her flrst consideration, of iDourse, was for tier near relatives, but following immediately upon the heels of these bequests was a handsome gift tp the Ottirarrt-i' Hospital' association, which gift may develop into larger pro portions a* the future of her relatives Unfolds. The- ftret- provision to the ),. hoapitaj is-'$5,000.00, and-is to" be known as the Johnson .fund. The larger the estate is left in trust, and possible .for ^he Ottumwa Hospi tal association' "to "receive o.ne-half ol! fpart-of iart is Vjthe trust estate. In case the contin fv^ency happens upon -which depends acquisition by the hospital, the other half is to he devoted to the poor .of Ottumwa under the direction of the vj'/trustee who will be acting at that p0 time. The contingency referred to is that if the, testator's niece,Miss Lucille vMcNalr, a girl now sixteen years old, -"who is the chief beneficiary, should -rtle before she reaches the age of BO without leaving any children to survive, the estate amounting to About $200,000 is to he divided among the decedent's relatives by birth and marriage and the Ottumwa hospital ,association. Mrs. Emma S. Creaswell, wife of F. B. Cresswell of Ott.umwn, Is to receive $500.00 Matilda Jardine, .r cousin of Mrs. Utt, who resides -Draraore. Ireland, is remembered '•with $3,000, and to Mrs. Clara A. Car roll, a sister of the late A. W. John soni. is bequethed the sum of $2,000 Harold McNair and Mrs. Anna Mo Nair are. also remembered. ljhe sixth clause of the will is as folljows: "Before my marriage I entered into EL contract in reference to the share my husband, W. H. Utt, is t.o have of my estate, and I desire that he have that portion of my estate provided In the contract in full of his dower rights therein." By the ante-nuptial agreement re ferred to Mr. Utt receives $10,000 which is the only bequest made to him by the will. The McNair Bequests. The will provides for carina for the ilace where the testator's parents are vried in the Ottumwa cemetery, and Iso for earing- for the lot where her ormer husband, the late A. W. John Bon, is buried. With the exception of personal be longings all the rest of the estate is I left in trust, and the trustee is direct-! to set apart and to invest $3,000.00 '•4 for the testator's nephew, Harold Me- Nalr, son of the testator's sister. Mrs. nna McNair. The nephew is now ivlnjc with his father. O.^K. McNair. the trustee thinks best, psirt or all of said amount is to be used lor the education of the nephew, and any sum remaining. Is to be paid to Jiinj when ae reaches twenty-five years of age. The thirteenth clause. of the will, which, provides for the testator's sis :er. Mrs. Anna McNair, Is in full as Je'lows "X.desire and direct that my ex ecutors' and trustees pay toward the necessary living expense's of my sister. Mrs. Anna McNair, the sum of $100.00 per month as long as she may live, payments to be gin three months after this will Is probated. It is my request that she does not sell the property she now owns on Main street in Ot tumwa. Iowa, known as- the un burn property, but if it should tiis-n out thtff she is compelled to convey the same because of any contract in existence at the time of my death, then it Is my wish that out of the proceeds of said sale she pay off the encumbrance and liens upon her property on Main street, Ottumwa, Iowa, com monly designated as the Scott property, and to hold the same free, from encumbrance ss long as practicable. As an inducement f' «S»?lnued on page t). '*i "tr r? Chinaman's White Wife Poisons Four Babes Suicides Piano, III.. Dec, 21. The American wife of George Ah Wong, a Chinese restauranter, said to be the daughter of repu table Cnicago parents, early to day gave her four children wood alcohol and stabbed one little girl to death. After drink ing some poison the woman threw herself under a Burling ton train and was killed. Three children will probably recover. It is believed the woman was temporarily insane. PARLIAMENT IS CLOSED TODAY KING. EDWARD IN SPEECH RE FERS TO CORDIAL FEELING ""BETWEEN NATIONS. I London,- -De«. 21.—King Edward to day put an end to the present ses sion of-the-British-parliament. Only a few members attended the brief prorogation ceremonies. The Icing's speech made especial reference to the recent visit, of the American battle ship-fleet in- Australian waters which his majesty said "evoked worm feel ings of cordiality in my dominions in that quarter of the globe and was a source of gratification to myself and ray government. "Referring to the events in the Balkins calculated to disturb the pro speech visions of the treaty of Berlin visions of (he treaty of Berlin speech. SOJ'S. there, is reson to hope wise and conciliatory counsels will prevail, .that an amicable settlement will ho reached with the consent of the powers who are parties to this' treaty." PARRISH JURY DISAGREES Men Determining Guilt of Kentucky Banker Fail to Reach a Verdict! -Hawkeeville.- Ky.-, -Dec: -2-1.—The jury in the- case-of t.-he-state-against James H. Parrish of Owensboro, Ky. bank er, charged with receiving a deposit, when his bank, the Owensboro Sav ings bank and Trust company was insolvent, today disagreed and was discharged. The alleged liability of about $1,000. 000, involved in the receivership of the bank failure last April was the largest in the history of the state. WOMAN PAYS $82,411 Mrs. Emily Crane Chadbowrne Gets Possession of Mrs. "Jack" Gard ner's Art Treasurers. -Chicago, Dec. 21.—Mrs. Emily Crane Chadboiirn.o today obtained possession of art treasures seized last summer by the government by paying into the. court $82,411 in addition to $70,40!) previously paid bv her for duties and penalties on the property and goods which were originally the property of Mrs. "Jack Gardner" of Boston, and were imported by Mrs. Chadbounie as household goods under a value of $2, 000. Tafts Domiciled in Augusta. Augusta. Ga., Dec. 21.—The Taft family took possession of Terrill cot- tage at noon today, moving from th-: home of Mr. and Mrs. Thomas where they haVe been guests since their ar rival here. Judge Taft will have no visitors from outside the city today. Crack Safe: Get Three Watches. Burlington, Dec. 21.—-(Special)—A safe in the gambling house of Tom Johnson was cracked and $600 and three gold watches. INJURIES TO BOY PROVE FATAL EDDIE SIMS OF RUSSELL DIED AT HOSPITAL THIS MORNING STRUCK BY TRAIN. As a result of injuries sustained by being struck by a Burlington train yesterday near Russell. Eddie Sims,! the 15-year-old son of Mr. and Mrs. G. W. Sims of Russell, died at the Ot tumwa hospital this morning at 3:30 1 o'clock. The exact cause of the accident is not known, but when discovered near the Burlington tracks a mile east of Russell, Sunday, it was found that the lad was seriously injured. He was taken aboard Burlington flyer No. 6 and brought to Ottumwa. where lie was placed in the hospital. It was found that his skull was badly fractured and he was otherwise seriously injured. The supposition is that he had been struck by a train yesterday morning and lay for some time before dis covered. The remains were shipped to Rus sell this morning on BurUitston No. 3. AT UNION CITY MEMBER OF NIGHT RIDER BAND WHO TURNS STATE'S EVIDENCE GOES INTO COURT SURROUND- ED BY SOLDIERS. Union City, Tenn., Dev. 21.—Sur rounded by a detail of six soldiers with shotted rifles and revolver hol sters open, Frank Kehrlnger, a mem ber of the night riders who has turn ed state's evidence was brought into court this morning to testify against his former associates. At Hit* courtroom' the soldiers with rifles halted. Four other soldiers, armed with only revolvers, took him I in charge and led Ferhringer to the stand. The witness, a diminutive! man. seemed composed but pale. Fehringer was one of the first mem ber? of the bund. He went on the first ride of the band. The oath he t.ocik was: "I solemnly swear I wish to join ln« society cf night riders: thai I will never write, tell or talk about, any thing that happened upon the .-ides or in conference." This is (he shorter form of oath. The larger and more blood curdling one was administered to the others.! This will be recited by another wit uess. MOTHER KILLS BABE Mason City Husband Has Wife audi Three Men Arrested on Charge of Murder, Mason City. Dec. 21. —(Special.) —. The discovery of th dead body oi a baby girl lollowed a story told by a Hungarian to the police here iast night. He n.iid his wife had killed the child and two other men had- buried It. It was found unde/ a coal bin. .Three men and a woman, all Hungar ians,, are under arrest. The post mor tem, indicated the child had died shortly after birth, several days ago, as the result of neglect. The husband told the story because he was jealous of the two other men. SHOPLIFTER IS ARRESTED Prominent Bloomington, III., Woman Pays $25 For Taking Purse From Counter Des Moines, Dec. 21.—Mrs. Eliza beth Swinehart, said to be a promi nent society woman of Bloomington, 111., and who has been visiting rela tives at. De Soto, la., was arrested yes terday afternoon about 2 o'clock in the Mandelbaum "department, store by Special Detective Tom Pett.it. on a charge of shoplifting. She was arraigned in police court and fined $25, after pleading guilty to a charge of larceny. Her husband was present in the court room and paid the fine, requesting Judge Stewart to maintain secrecy in the matter and refusing absolutely to give his name or address. The woman was seen by the officer shortly before her arrest removing a valuable purse from the counter. After being detected she created something a scene in the store by her denials of thA crime and hysterical manner. After being taken to police headquar ters. however, she admitted the theft to Chief of Detectives Johnston and expressed herself as willing to pay the penalty. Judge Stdwarl, after the case was tried refused to divulge either the woman's name or her place of resi dence, stating that she was too well connected to allow the matter to be come public. Priest Takes His Life at Sea. London, Dec. 21.—The steamer Arabic, from New York, reoorts that at midnight. Dec. 16, the Rev. James Kelly, a Catholic priest of Paterson, N. J., jumped overboard. Efforts were made to rescue him, but were un availing, and the Arabic proceeded. The act. is attributed to derangement cause by ill health. Ralph K. Taggart Dead. Dallas, Texas, Dec. 21.—The re mains of Ralph K. Taggart, a promi nent hotel man of Dallas, who died last night of typhoid pneumonia, will be sent to- Decatur. 111., tonight for burial. He was a nephew of Tom Taggart, former chairman of the na tional Democratic committee. Locate the Horse Thief. Glenwood. Ia., Dec. 21.—Sheriff Linville has located the horse thief who stole a team from Liveryman Len .Tones of Pacific Junction about Nov. 16.- A man giving the name of Williams and claiming Hamburg as his home hired a team for a drive in the country, but failed to return. Hargis Jury Completed. Irving, Ky.. Dec. 21.—The jury was completed today in the trial of Beech Hargis for the murder of his father. Judge jarftPs Hargis. All the men are taioM^s, OTTUMWA. WAPELLO COUNTY, IOWA, TUESDAY DECEMBER 22, 1908 DIVORCED MAN MUST KEEP N0.1 MISSOURI COURT SAYS WOMAN CAN SEIZE FORMER HUS BAND'S PROPERTY. St. Louis. Dec. 21. —The decision that a divorced woman may seize her former husbaud's earnings and prop erty to enforce payment of alimony, even though he has married again, was handed down by the St. Louis court, of appeals today. It Is said by lawyers the ruling wil laffect scores of men by making them responsible for the support of two families. BEAT WIFE TO DEATH Chicago Mai! Clerk Arrested on That Charge Claims Wife Died of Apoplexy. Chicago, Dee. 21.—Charles Holmes, a railway clerk, was arrested today, charged with beating his wife to death. A youne- son of the couple says Holmes told his Wife not to answer a telephone call and when she insisted on doing so the father beat her with his fists and she fell against the win down sill, fracturing her skull, which caused her death. Homes denies he struck Mrs. Holmes. He stated site had been suf fering from apolexy and fainted while returning from the telephone. OPENS HEADQUARTERS Taft's Brother Goes to Columbus to Push Fight for the United States Senate. Cincinnati, Dec. 21. —. Charles P. Taft, who is a candidate for United States senator to succeed Foraker, left for Columbus today to open head quarters from which he will carry on his contest for the office. Taft de clared there is no truth in the stories that Roosevelt is opposed to his can didacy. Battleship Mains Starts South. Fortress Monroe, Va., Dec. 21.—The battleship Maine, the flagstaff of the third squadron of, New Atlantic fleet with Rear Admiral Arnold aboard sails today under sealed orders for the south. She is presumably bound for Venezuela. THE WEATHER. Iowa— Pvih' tonighi, and Tuesday. Illinois-^ Fair tonight with cooler north Tuesday increasing cloudiness. Wisconsin Fair tonight with cold er east Tuesday increasing cloudi ness and warmer. Local Weather Nine o'clock last evening 37 Seven o'clock this morning 26 Two o'clock this afternoon..: 37 Sunrise. 7:15 sunset, 4:23 moon rise, 5:11 a. m. :-m j, Vi 1 'v WHAT MAY HAPPEN WHEN JONES SWEARS OFF HE MAY FIRST SWEAR OFF AND THEN SWF.AR AWFUL. AGAR'S FRIENDS STANO BT HIM MISSING EMBEZZLER, FOUND AFTER INSURANCE IS COL LECTED, WILL FIGHT. Princeton, Ind.. Dec. 21.—A re action has appeared in favor of H. E. Agar, enroute here from San Benito, Tex., to answer charges of attempts to defraud insurance companies by pretended death HO that collection might be made on policies. A signed statement of Agar, alias Ralph A. Connor, has been given lo cal currency. He goes back of the time, two years-ago, when he dropped out. of sight, and recites reverses through speculation He was involved to the extent of $125,000, it is slated. Now it is expected a big crowd of friends will-greet Agar at the railway station. Advices are received here that a. large number of Texas friends saw him off on his start north in' custody of a Princeton officer. Texas Friends Stand by Him. Agair is, it seems, prominent and respected in San Benito and worth $150,000 honestly accumulated. Plans are now perfected to give bond for him here on his arrival on Thursday and escort him to spend Christinas with his wife and four chil dren. Agar's Story of Wanderings. The statement of Agar, which had added so much to his rehabilitation in local esteem, says he reached Louisiana, after many vicissitudes, Including a fall into and rescue from the Mississippi river. He played his last $20 on the New Orleans stock exchange and made $120, which took him to Jennings, La., where he found work as- a com mon laborer In the oil field, rising lit tle by' little, until he became private secretary to Col. Heywood. The Now Orleans gamble, he says, was his last. Everything bears out his clean life in San Benito and the desire of the citizens there appears to be that he be cleared and return to live with them. Even former accusers here are ex pressing a wish that he be given the opportunity to go ahead and make good. Doubts are expressed whether he can be convicted, since only re cently settlements have been made in several cases. Indiana Friends Rally, Too. Agar, wso is a former Indiana as sembly man, had one of the largest personal acquaintances in southern In diana and it is even predicted a cheering throng of thousands will meet him* when he arrives here. He will appear before a justice oE the peace and be held for the circuit court. Suydam Dies: Lumsden Held. New York. Dec. 31.—Harry B. SUy (iam, the curb broker who was shot Saturday b.v John C. Lumsden. an inventor, died today. Lumsden is un dei» ®wYt. 1 THAW MUST STAY AT MATTEAWAN CANNOT TESTIFY IN BANKRUPT PROCEEDINGS AT PITTSBURG. Philadelphia, Dec. 21.—Harry K. Thaw, now confined in the state hospi tal for the criminal insane at Mattea wan, N. Y., cannot be taken to Pitts burg to testify in the bankruptcy pro ceedings, according to a decision hand ed down today by the United States circuit court of appeals. Whether the case will be taken to the United States supreme court is not known here. Libson Council Unaarth's Scandal. Libson, Dec. 21.—The newly elected municipal council has unearthed a big scandal in the city's accounts. Over seven million dollars has disan peared. The former monarchlal coun cilors admit the irregularities but lay the blame upon the government whigh they say illegally took the city's mon ey. 2,000 Cab Drivers on a Strike. New York, Dec. L'l.—More than 2,000 cab drivers and chauffeurs employed by liveries and cab concerns are on a strike today. One thousand more are awaiting the call of the union to join in the movement. Webster City Woman Dies. Webster Citj-, Dec. 21.—(Special)— Mrs. A. W. Moffltt, a resident of this city for forty years, was found dead In bed this morning, A sudden at tack of heart failure was the cause. 1,000 VOICES IN SUNDAY'S CHOIR SPOKANE MINISTERIAL FORCES MAKING GREAT EFFORT FOR EVANGELIST'S MEETINGS Spokane. Wash., Dec. 2J.—One thou sand voices In a choir and 50 Instru ments in an orchestra will supply the music for the revival services to be conducted by Rev. "Billy" Sunday in the big tabernacle here December 25 to January 25. Dr. Francis Walker, formerly of the Conservatory of Music, London, and Francis E. Woodward, ol Spokane, are training the singers, and a professional director will handle the baton for the strings, ree'fe and brasses. Mr. Sunday Is coming to th-i city under the auspices of the Spokane Ministerial association. Harriman's Illness Denied. New York. Dec. 21.—The reports that E. H. Hariiman is ill were denied at the Harrlman office t.odav. it i. stated that Harrlman Is in good health at his home. S NUMBER 59 TARIFF QUIZ MAGNATE INSI8T8 THAT SO FAR A8 THE STEEL CORPORATION IS CONCERNED THE COULD BE TAKEN OFF. DUTY GARY COMES IN FOR CRITICISM CARNEGIE 8AID THAT 8TAT8 MENT OF CORPORATION HCfB MORRIS WINNER IN RECOUNT. Van Buren Election publican 4 THAT ONLY SMALL DSAIJEfMt WOULD SUPPER 16 FABLE, Washington, D. C., Dec. drew Carnegie whose published views on the tariff question caused oonstder-v^ able comment, took the stand before the house ways and means commits tee today. Carnegie testified in support of statements he made in his magaatw? article declaring persistently that th* facts show the steel industry need* no protection. As a witness, Carnegl# proved the most interesting who hsi appeared before Uio committee, inter spersing his testimony with humorour* epigrammatic remarks. Praising the genius of Charles Mi V. Schwab, Carnegie suggested that eon' gress should extend a. vote ot thanktf- to Schwab for his work in Improvin*' the methods of steel making In thli country. Speaking of the t.estlmonj of Judge Gary before the committer Carnegie said: Recalls Aesop's Pablo* "You should not. place auy raai value on the testimony of interested! parties. Gary said the United State* steel corporation could stand for a reduction in the tariff on steel, hut that the smaller st.eel manufacturers could not survive with lowered duties. That is like one ot Aesop's fables. Gary is like the monkey who desired the chestnuts but wanted the cat to pull them out of the fire." Supply Soon Exhausted. Carnegie asserted that at the rat* which iron ores are being extracted, the supply would exhausted in forty years. He baaed the .statement oir the best expert opinion be could ob tain. He also said Kngland would bo in the same condition In seven years. He said the statement by Judge Gary that the duty on steef could be taken off as far as the 8te«J corporation is concerned should accepted by the committee as true Saya R« Board Treas- urer. Keosacqua. Doc. 21. p'rldai afternoon a recounting election board declared J. O. Morris, the Republican candidate for county treasurer af the late election, as entitled tc the office by five majority. Th« board of supervisors at the regu lar canvass of the poll books, the week following the election, gave the certificate of election to R, E. Meek, the Democratic nominee, by eighteen majority. The finding of the review court yesterday changes this, and elects Mr. Morris, and he was given a certificate of election, which, under the law, revokes the certificate held by Mr. Meek. The review court, which ended Its three days' work yesterday afternoon, was composed of George Welney, chairman of the board o* supervisors, and J. E. Corwin, chosen I by Mr. Morris, and Wm. Hastings, I chosen by Mr. Meek. Under the law, the review court must consist of the chairman of the board of supervisors, who acts as presiding judge, and two associate judges, one each to be se lected by the contestant and defend ant. Mr. Morris, in his request for a re count. only asked for a review of ballots in five or six town ships that had been returned as not counted because a cross had been marked opposite the name of the presidential condiaate where there was no square, but other wise properly marked. In the other townships these ballots had been counted. The court of review counted these and it reversed the official can vass of 18 majority for Meek and gave. Morris nine or ten majority. Meek' then asked for a recount of all the ballots in all the precincts, which was made, and which gave Morris five ma jority as stated. Attorneys New bold and Newbold represented Morris and Walker & McBetb represented Meek. It Is stated that Meek will appeal tc the district court. Charlton Youth Dead. 1 Chariton, Dec. 21. Will Leonard, aged 22 years, died ot spinal menin gitis yesterday, after a short Illness Private funeral will be held tojaor- if rjS i|f &