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if i; ' THE KANSAS CITY JOURNAL. THURSDAY. OCTOBER 13, 1898. rt u Is brought Into play to extort h. confession from men tliey believed to b:? cognizant of the robbery- The first arrest of Importance was" that of W. W. Lowe, the fSanta Fe switch man, who was taken lifito custody on In formation furnished My his wife. Then Harry Milton, a Male Leaf switchman, was arrested while 'at work in Kansas City, Kas., and the.' detention of Charles IV. Polk, foreman of (he lard department of the Armour pacjking plant, closely fol lowed. These men were "sifted" by every detective engaged n the case, Milton and Polk were released, the former after a few days, and the latter after twenty-four hours' detention. Lowe alone remained, and he became the target for a combined attack. He was kept under close guard; communication with his friends was de nied him; by day mid by night be was plied with questions', but for days he refused to talk. Finally, It is said, be was offered Immunity from Imprisonment and one-half of the reward of fl.Zj) offered for the ap prehension and conviction of the train rob bers if he would make a confession. He yielded, and his written confession, duly signed and acknowledged, was deliv ered to Chief Hayes, and by him trans ferred to the grand jury. I'lnnned lit Hun's Home. This so-called oipft-sion Implicated Jesc James, Jr., Andy Hyan, a man known to Lowo as Kvans, and two more men whom Lowe declares h- does not know. He. it Is said, claims tluit.'the robbery was planned at Andy Ryan's home, 001 West Fourteenth street, and thai the cTfijKp'Irators were him self, Andy Ryan and Jesi-o James, Jr. All the details were adopted only after a care ful discussion, .and were carried out to the letter. James cut the telegraph wires at the Plttiburs & Gulf crossing near Leed- Ryan "held up" Operator- Hlsy, and be and Kvans, according to his confession, did -picket duty. The fifth man held the horses, three in number, "a, saddle horse and two that were harnessed- to single buggies. "When the Mis-souri Pacjffc rain .pulled Into the crossing, all but the liorsetendcr took part In the holding up of tji&'trnm. He, It Is said, described tlie mann'er'irrwhich the engine and express care were uncoupled from the train, and how, wiThfthe lever of the engine full down, they ipe'tl away Into the (farkness, broke inlo the express car. overpowered the messenger, ami destroyed the safes with dynamite. The confession was obtained ten days ago. Ever Mnce detectives have been. It is claimed, unearthing corroborative evi dence. Every point, no matter how minuts. given by Lowe, was traced to its begin ning. The result of their labors warranted the arrest of James i.nd Ryan. The man ner in which the arrest of the former was made has Iwen detailed. Ryan's arrest wis? made at 11 o'clock Monday morning in th hog-stlcklng department of .the Armour packing plant, where he has been em ployed for some months. He was taken to the Westport jail. Yesteiduy morning, on account of the in dignation over the arrest of James, the police and detectives were compelkd to formally charge James and Ryan "with stopping and detaining a passenger and express train, the property of the Missouri Pacific Railway Company, with intent to rob, steal and carry away monev and othr valuables, the property of the Missouri Pacific Railway Company and the Pacific Express Company." iTicntiN of James Aclhr. The arrest of Jesse James had become generally known early Tuesday evening, and his many friends and business, men who were Interested In his welfare prepar ed to take wine steps to secure his release or at least to compel the authorities to ar rest him by swearing out a warrant. So early yesterday morning R. L. Yeager president of the board of education and a lawyer, appeared before Chief Haves and Informed that official as one of the attor neys for James that he wanted his where abouts made known, and that he must be Immediately released or properly appre hended. This having no effect upon the chief. Finis C. Furr, together with Mr. Yeager, appeared before Judge Henry, of the cir cuit court, yesterday morning and applied for a writ of habeas corpus. Judge Henry immediately Issued an order for service upon John Hayes, chier of police, and De tectives Harbaugh and Furlong to deliver the person of Jesse James to the court Im mediately. Service was not obtained on the writ until 11 o'clock, and Chief Hayes noti ced the court that the prisoner would be produced at 2 o'clock. In the meantime. Jesse James had been taken to police headquarters, and when tho time for his appearance In court arrived, he was taken there by Inspector Halpin and Detective Joo Keshlear. The courtroom was crowded when the prisoner appeared. He plainly showing the effect that the' ar rest had bad upon him. He looked hag gard and worn, and his usual ruddy face was pale and drawn. His friends crowded about him, and many a. warm band clasp was Riven as he was led to a seat. Prosecuting Attorney. Frank Lowe was at hand to care for the Interests of the state, and offered to tho court a state ment signed by Chief Hayes to the effect that the prisoner was held on Information furnished by W. W. Lowe that the prison er was guilty of robbing a train and that the evidence even at that moment was being presented before the grand jury. Jitilcc Ilrnry I Scverr. "I n ove the release of the prisoner on the grounds that (here has been no legal reason advanced why the prisoner should be l.rld," said Attorney Yeager. The court gazed inquiringly at Mr. Lowe. . prosecuting attorney arose and ad vanced to tho side of the judge's stand. "It has always b-eii the custom," he said, "for the police when a party is suspected of a crime to arrest him and hold him for investigation." "It is not a matter of ciii-loni. ""returned tho court. "It Is a question of law." "Tills is the first time In mnnv vears," continued Mr. Lowe, "in which an attempt lias been made to disturb that custom, es pecially when all the evidence is in the nands of tho police and the matter is bc--ing considered by the grand Jurv." "This young man." interposed Mr. Yrn gr, "Is lM-Ing held without right or tin process of law. If they want him 1ft them issue a wan ant. as they should have done, (.barging him specifically, so that he mav have a preliminary hearing. Thev have no light to spirit a mini away as he has been. ' Mr. Ixiwo looked db-lurbed. The attornevs for th" defense Mnlled, and the pi-oplp 'in the room began to move about in their .eats. The court was examining a boolof law, one of several which lav before him. "Your custom, Mr. Lowe." said Judge Ho.ry. turning his gaze upon the prose cuting attorney, "has nothing whatever to do In the premises. They are not au thorized by the law, cither the state law or the federal law. And there Is a law hlcher than either or them, the constitu tion of the United States." Mr. Lowe Snhslilrx. "Your honor," interrupted Mr. Lowe, "I just " "Just let mo finish, Mr. Lowe." came the response, with an ominous raising of the voice. The prosecutor sat down. "If the police have any testimony ngin.t a man, that he Is guilty of any crinn', all they have to do is to snrcar out a warrant for hiin. That is the law. It Is plain. Rut tile police have no right to arrest a man merely because they suspect him of a crime, unlesd there Is a criminal act com mitted In the presence of representatives of the law. The .practice, -which seems to be prevalent here, of ar resting a man on suspicion and then carting him oft to a place In the most mysterious manner, away from his famlly nnd friends, away from all communication and without access to legal advice. Is not to be tolerated. A confession or testimony .educed from a man under such circum stances, let me tell you. will have little weight with any court. The fact that the police of this city feel privileged to go to j any man s house, take him out without a warrant, conceal him from every one for ! days and even weeks without even an in timation as to his whereabouts, his health or sickness, is a condition that savors very much of barbarism." The prosecuting attorney quailed under the fierce denunciation which the court had delivered. Inspector Halpin moved un easily in his chair. The court looked about the room for a moment, and then opened the law books at his elbow and read the three following extracts, the last of which h from the constitution: "No person should be deprived rjf life, lib erty or property without due process of, law:" "The people shall be secure In their per sons, papers, homes and effects, from un reasonable searchers and seizors; and no warrants to search any place, or seize any person or thing shall issue without de scribing ihn place to be searched or the person or thing to lie seized, as nearly as may he: nor without probable cause, sup ported by oath or affirmation reduced to writing." Shall t He Violated. "The right of the people to be secure In their person, houses, paiors and effects against unreasonable searchers and seiz ures shall not be violated, and no war rants shall Issue but upon probable cause, supported by oath or affirmation, and par ticularly dcserlliiug the place to be search ed and the prisoner or things to be seized." A death-like silence reigned In the court as the judge closed the book. He took oft ins glasses, looked about the courtroom, and then said: "The prisoner is released." James was Immediately rearrested on the warrant issued by Justice Spitz by De tective Joe Keshlear i.nd taken before the justice, who placed his bond at $2,."iW. It wis furnished by K. F. Swlnnev, cashier of the First National bank, iind F. C. Farr. the lawyer. Upon his release, James immediately went back to the court house, inteiidlng to resume business, but when he arrived there he found that he did not have ids keys. They had been taken nw.iv from him. together with $13.30 in money, when he was arrested. He joui neved over to police he.idqtmrtPTs for the pm pose of obtaining them, but he found that they had been left at Xo. 3 po.ico station, and lie was Informed that if I.j wanted them he would have to go after them. The preliminary hearing of Jesse J.iints will take place in Justice Spitz' court next Monday at 2 o'clock. Aj:dy Ryan, who it was thought would .b" iirraigned with Jesse James yesterd.iv in the court of Justice Spitz, failed to put inan appeiiram-e. Chief Hayes had given him permission to go. ucompanied by at. officer, to Kansas City, Kas.. where he had legal business to attend to. The grand jury was in session at the time the habeas eornus nrneeprllnir In lw. lialf of Ja'mes were occupying the ntten- iiun oi judge ncnry. ana the corridor of the county Jail building, the private offices and the stairways were fairly alive with detectives, marshals and witnesses. Chief Hayes spent most of the dav talking in a mysterious way witli his colleagues, Detee- ine i.em iiaroaugn and Detective Tillot son. of the PInkertons, while his subordi nates. Detectives Sanderson. Brvant and Keshlear. kein the witnesses in line and refreshed their memories with pointers they desired explained for the benefit ot the grand Jurors. Assistant Prosecutor Rr.idy conducted the examination, and suc ceeded in extracting from six witnesses all the information they possessed which re lated to the train robbery-. YV. w. Lowe the informer, was the first witness. He was on the stand for more than thr"e hours-, and was subjected to a close ex amination. When he emerged from the in quisition chamber he -was the opposite, in looks, of a happy and an honest man. His eyes are bloodshot. Heavy seams mark his features, and he walks with a shifting and shambling gait. He keeps his eyes downcast; Ills hands twitch nervously, and hist attitude is that ot one who finds his cross a heavy burden. Engineer Slocomb. the man who held the throttle of the Missouri Pacific engine at tho time of tho robl)ery. was the second withess. Self, the liveryman, from whom a buggy was hired early on the evening of the holdup, by a stranger, now believed to be Jesse James, succeeded the engineer and Mrs. Dillingham, who lives near Leedt' and her two daughters completed the I!t of witnesses. Lowe repeated his statements to the po lice, as embodied in his written confession, which was before the jury; Slocomb tuld ?,,. cman,ner '." TThIih the traln was held up. Self described the condition of his horse and buggy after Uie return from the XSSKF'nfXS .Vhe H"nBhoin related that ?2?itL?fcr l.ne ePIosln they heard and r?M,tnV2fbi-SBle8 drl.ven raP'ly in the di fr ,,oi Kansas City over a not frequent- ly bugg .".:."K. ".'. '""r resiuence. Kadi VC ,. tIle us?y ln le IeatJ as going at a gallop, and the other horse which was possibly three-quarters of a mile Irl The rear, was driven at a rapid trot, siri Dill ingham could not see the .men plainly, she said, but one of the men In the first bugg? tail nyn,ll? L;0,ltro1 I,ls "orse and spoke h..t Lnh ieeP,-,,10arse tone. She is positive that she would recognize the voice should befleveethaTh,iv.aKafn-J""3 ie detectives "thof I they no.w have the owner ot v,f??eI harse voice" In custody. !? fn"1,1 Prosecutor Brady did not wear tdlourned '?Jffefls,n TnMl ,he WnncJ jl?" f .iyiIVi7' ..:.1 ls har(l work." said he to fads as hev 'kr,? JV,t,"css,cs t0 'elate 'the iTn ? J ? Kno.w ana understand them " Ho was immediate y surrounded bv-n bc.v- of detectives, who anxiously asked what he wanted them to do. y ed proUcuto'r gnUcednn,Iou?1,nrm1andSkn'ow that even walls have ears, suggested an adTre.nU WJ Private office. " Before taking his deDartnro r. i, HrJHgS erY ork-if: U. S. A. Detective Bryant later took '"geof it and a number of letters which evident y were those found on Lowe. The Plstpl looked like an heirloom. R was ?.Vf:,0 th detectives claim. i,y one of the train robbers. It has not yet been for- ShnWnt"le1 bJ' a witness, but the oa fashioned weapon is destined to play an Important part In the case. To-day Chief Haves. Detectives TI-ir. baugh. Tlllotson. Sanderson. Keshlear and Bryant will give their evidence and fol lowing them will be a host of witnesses S5?..E..ex,H!cted t0 corroborate their j t.Uwi5,wit-ii mu men. '1 ne tinr nt Andy Ryan was formally booked at police headquarters last evening at 6 o'clock, aft er his return from Kansas City. Kas., and was cheerful during the proceedings. He was taken to the holdover and placed in an iron cage, where he was interviewed by a leporter for The Journal. "Tills experience is not a new one to me" he raid, laughingly. "In 1SS1 the police had me for nearly four months for a train robbery-that of the Chicago & Alton in J ho Blue cut. and they did not make anv thlng out of me then, and they'll not make anything out of this present charge " Missouri Pacific train robbery?" lie was asked. He MVan at Hniur. "At home, most of the time. I did not get through my work at Armour's until nearly half past 7. From there I went home and had supper with my wife and two children." "Where did yon go after supper?" -I do not care to talk about the case, but 1 can prove where I' went and who saw me. "But were you home most of the time?-' es, but I started for the city- Thero i r,0-,.,1, a,m,elling you more than I have told ( htef Hayes. Hut I don't care. I starteil to go to a lodge meeting and when I.,70.t1lla,r.V;lv T Fuv 1 was late, anil so I didn t go." "Did you return to your home?" pes: I went home early and was thero when the detectives came after me. I talked with them and for the first time heard that a train had been robbed." "When were you ari.-sted"" "Yesterday at 11 o'clotk nt Armour's. I was treated all right l,y u,e police and have no complaint to make. I told Chief Hayes that 1 had nothing to do with tho robbery, bi't he told me that Lowe had confessed that the job was planned In mv house. and that I helped to hold up the vvnv. i nanny snow Lowe. I have think he Is half-witted. He Is not mv k'iri.l of people, and for that reason I never had much to do with him. ",IU Chief Hnypfl Positive. "Do I know Jesse James? Ever sine he was a baby. I know Jack Kennedy. If it wasn't for that fellow I wouldn't be In trouble and suspected of being a train rob ber." Chief Hnyes i certain that In the arrest ot James and Ryan no mistake has ben made. He is now looking for the man Evans, who Lowe states was also engaged in the robbery. He has already Instituted Inquiries concerning him In Independence and .the question. "What has become of Hank Evans?-' is now being asked by many of its people. Some claim that he has been spirited to vVestport by the PInkertons, while others claim that he Is In Kansas Citv on his own account. Evans was in Independence Tuesday afternoon and late In the evening spooling acquaintance with him. but tint is all. He e-lalineii once to me that he know me In th Ciackcrneck countrv but I did not remember him imi tni.i i.i -r Baking Powder Made from pure cream of tartar. Safeguards the food agaihst alum Alum baking powders are tie greatest menacers to health of the present day. HOVM, DAKINO Pg.YQER CO.. NEW YOBK. left for the home of his sister. Mrs. Tallv, in the Crackerneck district. The same evening two men ellevcd to be i'inkcrton detectives Inquired as to Evans- wliere alHiuts. and artr hiring a four seated rig at RaglamVs livery stable set out for Crackerneck. Later in the evening Kvans returne-d to town and was accompanied In die of tlie strangers. Several saloons were visited and tho other stranger joined them. The trio dropped out of sight all at once, but their disappearance caused no unusual stir, for the reason that Evans- compan ions were believed to be his friends and not detectives. Evans formerly worked for the Pittsburg & Gulf as a fireman, but re cently Stated that 111. Im.l nlf r.-illrn!lllln!? and was going back' to the farm, giving as his, reason that fo many of his "huddles?" I meaning his co-workmen) had been killed by accident, and that railroading was a dangerous business. Evans is a large, red-faced individual, lias a perpetual grin on Ills face and walks with a shamble. He has a brother. Rob ert, who was an engineer. Some vears ago Robert was engineer in the vards nt Se dalla and with others euiit work, when the wage padding scandal wis rife among the railroad men of the Missouri Pacific nt that point. Chief Hayes would not discuss the ease last evening. Sorry for Jnnics. "All I can say is that we have all worked hard on the case. AYe believe we have evi dence sufficient to warrant a legal inquiry nnd we are presenting it to the grand jury. If they do not return indictments we cannot help it. We are simply doing our duty and we have no desire to harass, persecute or disgrace any one. Take the ease of Jesse James. I have known him for years. He was a near neigh bor of mine, and I know it hurts me more to see him in his present plight than It does some of the men who are denouncing the police for arresting him. 1 le has many sincere friends, I have no doubt. Their have seen him only when he has been on his good behavior. Jesse should have been more particular in choosing his associates. H has associated with bad men anil for his trouble he has only himself to blame. "Xo effort was made to 'sweat' him. He was not put ln jail. He was given a good room and had plenty to eat. As I said before, I am sorry for him, but the people who are denouncing the police for his ar rest should await developments before e-rit-icising us for doing what it is our duty to do." "I believe we have a good case." said Railroad Detective Lem Harbaugh. in a jubilant tone. "We have worked hard on the case and Chief Hayes and the men who have assisted him deserve great credit. Everything was carefullj- sifted before a conclusion was arrived at. For ten days we have been corroborating the essential points in Ixjwe's confession and when the whole story is laid before the grand jury it will read like a romance. And let me teil you. The Journal gave us one of the best 'tips' we received. That story of Lowe's friendship for Amanda Harris put us right on several things. The confession Lowe made to her she repeated to us. just as The Journal published it. and from it we made considerable headway. For one, al though I am not as deep In the case as Chief Hayes and others, I am satisfied that no mistake has been made and that the train robbery Industry in Jackson county has met with a setback." MRS. SAMUELS BITTER. Grandmother of .Tense .Tnnipo. Jr., De nounces IHh Arrest for Train Robbery. "Will these detectives never let us alone?" The speaker was Mrs. Zereleia Samuels, the mother of Jesse James, Sr. She was lying on the sofa in the sitting room of the James' residence at 3102 Tracy avenue, and as she spoke she raised the stump of her right arm In the air. "Look on their work." she continued, "my arm torn on", my little boy murdered, my son shot down and my bus-band strung up by the neck be cause he would not tell something he did not know, and now the greatest outrage of all. My grandson torn away from his business, his character ruined by these perjured liars, with no evidence to con nect him with this crime other than his name is James. I am a Christian woman, but I sometimes wonder if there is a God and If there Ip how long I must continue to bear these burdens. "I am 73 years of age, but I have suffered enough to make me 10), nnd this ndded burden is getting to be more than I can hear. I have watched Jesse since he was a baby, an; nave taugni mm oniy mat which was good. He has followed my teachings, and a better boy or a more dutiful son never lived. "I am not alone in saying this. Ex-Gov-ernoi Crittenden said to me only a few days ago that he had watched Jesse llko a father and felt a father's interest In him and was satisfied that he was a gdod young man. And now these detectives are trving to connect him with this train robberv. Wliv, from their own evidence they have shown that he could not have been there. Didn't one or them come to the door of this house on the night nt the robberv and call him out of bed, pretend ing he was looking for a man named Sounders? It was then only 11 o'clock and that ought to satisfy them he couid not have been where the train was held up. I don't think it was much of a holdup; It was more of a blowup," and the old lady smiled a grim little smi.e. "uhen the explosion occurred we were all sitting out on the front steps. I heard the noise and said to Jesse, "n lint's that?' don't know,' he replied, 'but 1 think tho war must have broken out again and that Is the sound of the Spanish guns,' and then we all laughed. "It does seem to me that people would have more sense than to believe all the liorsenso that Is being told. I read in one paper that old man Stone is- ncciled of Iw-lng one of the robbers and that he went along to hold tho horses. Mr. Stone Is 70 vears of age and couldn't see two feet in front of him after dark. They might as well say I was in it. I think the next thing will be a story to tho effect that old man Stone, and I held the horses while Jesse blew up the train. Wouldn't we make a desperate lot or train robliers?" nnd tho old lady laughed heartily at tho idea of a man of 70. a woman of 7:'. and a boy of 21 terrorizing a train crew and blowing up a car. "It's rather queer that these, shrewd de tectives don't try to keep things straight." sho resumed. "Xow, take the story of that telegraph operator. Ho said the day nftrr the holdup that he positively couldn't iden tify the men wiio cut the telegraph wire, but a paper to-night says he now claims ho can identify Jesse as one of the men. As for that man Lowe. I wonder God don't strike him dead for the terrible lies he is telling. Do you think he has any con science or realizes tho harm lie is doing? "Thev haven't settled It satisfactorily just how Jesse got out to tho scene o't the robbery, and one man had the impu dence to suggest to me that he rode out on his bicycle. I guess that must have been the way of it: lie wanted to bo a strictly modern leader of bandits, so he used a bicycle instead of a horse. "F.v- the way. can you tell me why the papers will not quote me correctly when I talk? Qn paper to-night said I said that I would like to have all the detectives In a pile, so I could blow them to hades. I want to positively deny that I ever said anything like that. There was a time, years ago. when I was a deal younger, tlmt I might have liot a detective, nt least I used to say so. Rut my son Frank would always say. 'Xow. mother, -you know you would do nothing of tho kind, you aro the most tender hearted woman in the world, and at the last moment you couldn't do it.' "I do know that I often plended with the boys not to kill anyone. What 1 did say to that reporter was that I would like to have all those detectives before me so I could show them my maimed arm, nnd say to them, 'Gentlemen, Isn't that enough; won't you let an old woman go peacefully to her grave?' "Hut peoplo will believe anything. One dav I was riding on the street c'ars with Judge Rickets, it was when tho papers were full of stories about my son Jesse A woman was reading a paper, and rhe spoke up for the benefit ot the whole car, and said, 'And his mother is a terrible woman, too. She swears like a pirate.' I turned to Judge Rickets and said, 'Judge, how long have you known me?" 'Thirty years.- lie replied. 'Did you jever hear mo swear?' 'Never,' Then 1 turned to the woman and said. 'Madam, I am the wom an you are talking about, and here Is a man who has known me for thirty years yet he never heard me swear. But you, a total stranger, who never saw me beforo. inform everybody in this car that 1 swear like a pirate.' She tried to apologize, but she felt very cheap. But that is just the way of it. People will believe anything they soo in the papers. I met a man on the train once who told me he religiously believed everything ho read about my son Jesse until ho read one day that Jesse had held up a train In Iowa, and the next day hold up another one in Texas. After that he used his own judgrnt nt about what to believe. "But 1 suppose the world is no better than it was vears ago." and her seamed and wrinkled" face grew hard for the first time dining the interview. "There Is a little grave down at Kearney that holds the baby victim of tho detectives. They stole up to my house at midnight, set it on lire and threw a hand grenade in at tho window. Not one ol the miserable cowards showed his face, but they skulked in the brush waiting for their murderous Instrument to do its work. I waked my little boy and told him the house was on fire and we must get out. but lie begged ine to save his old black nurse first, his black mammy, ho called her. A few minutes later ho lay a mangled corpse and the villains who had done the work were fleeing from the scenu of their crime. The only clue to their identity was a revolver that one of them dropiHil In their flight. It was marked to show that it belonged to the PInkertons and I was saving it to use as evidence against them. Did 1 ever get paid for the injury they did mo? Never. Tho Pinker tons sent a scoundrel to my house to get It. the only evidence I had. The miserable, hypoerit knelt down by my bedside and prayed a prayer as long as a turnpike. Then he said I must lie very careful of that pistol as It was the only evidence I had against the PInkertons and if I would give It to him ho would go to them and get enough money to support me for the rest of my life. I gave him It.-) pistol but bu never returned. He had his pockets filled with hush money and spent it freelv in Kansas City where he lived. I never "saw a cent of it. "What the detectives did then they will do now and- they will hesitate at nothing to convict an Innocent bov. Rut they have discovered one thing, they cannot hide Jesso away a-id torture him to make him tell what he does not know, he has too manv friends. He will be cleat cd of this sus" Plc'0" am' If money can bo wrung from them tho men who are responsible for this disgraceful affair will he made to pav well ror it. They have tried to ruin his business and ills character and he can get redress In the courts." FRIENDS OF JOUNG JAMES. They Are SnndliiK 1,,- Hm Loyally In IliH Dlfllcnlty With the I.nir. The friends nf Tnimc Tocc. t. ,.,... -,. standing by him to a man in his difficulty with the law. The stanchest of them, however, do not hesitate to say that if he is guilty of the crime the pollco charge against him they want to see him pun ished. But they will not believe ho Is guilty until tho evidence is produced in court. "Jesse James may be guilty of train rob bery." said County Clerk Thomas T. Crit tenden, yesterday afternoon, "but I can never bring myself to believe it. I know the boy too well. Twelve years ago he came to me, a little black-eyed fellow, in answer i,,.an '!u"ertlsemcnt for an office boy and I hired him I have watched his career ever since and know him like a book and I know nr J.?i Sc2pa.b,e ot eommllng the erlmo Lwh I0?. he.lsJ accused. Why. when it was snm.,Lni,Jmate2 Ulat. lle m,Bht n"ve had something to do With the train robbery he came to my house to tell me about It. I t".V,,t0. h!m' 'Jelse- if -vou nave been en gaged in any such work as that I want you to tell me- the whole truth. Because if nut1-" i? SulI.t,r -y,.u are, ,,oun1 t0 be found out. He said, 'Mr. Crittenden, my life is ?en,.2pen hook tnat x nm not ashamed to i?.!6? one rfai1- T know no more about this business than you do and can easily ioLWll,er.,e, X Vs onihe n,Bht ,n"t train " took place.' To me it seems he would bo the last person to mix up In such a job. He has no bad habits, he is very economical. I do not think he spends 15 ccn s a week foolishly, and his whole aim liwii8 ilt1,een..t0 make a comfortable living for his mother and sister. No. I do not think that persecution for a crime he Is guiltless of will finally drive him to wrongdoing: he Is a strong minded young man and has hosts of friends who will see him through all his trouble." Stntement by Attorney Wnllnce. To The Journal. To-day's Journal in Its account of the arrest of Jesse James. Jr., has this lan guage: When the arrest was made he (Jesse James. Jr..) was engaged in con versation with W. H. Wallace, an attor ney who began his acquaintance by admir ing him for his industry nnd courage and soon became his friend." The account fur ther states that a roll ot bills was handed to Mr.W nliace by James which was taken in hand by the officer. In this account vour reporter, I am sure unintentionally, plnces both James and myseir in an improper J e!'!' , IIe l?,aces James in an Improper light, from the fact that I am assured that persons have already Interpreted it to mean that he had received some sort of intima tion that he would be arrested and was en gaging In conversation with me with refer ence to his ttouhle at the time ho was ar rested. The fact is I was simply passing bv his cigar stand at the court house on my" way to one of the courtrooms on the second floor and he called to me and said that lie wished I would take this money nnd keep it for him. handing me a small buckskin or sheepskin bag about the size of an or dinary smoking tobacco sack, containing coin. I suppose, from the weight of it. I hesitated about taking it, saying to him that ho certainly did not owe me anything and asked him what, was the matter. He said he was being arrested. Just at this time the officer stepped up and took the money himself, saying that he did not pro pose that James should Intimate that he would not hand him back his money. I did not want to mix up in the matter anyway and I passed on. I did not see anv roll of bills at all. although the sack might have contained some. I know nothing about this. As James handed me the sack he said It was tho money ho had taken In that day.' jvh 10 myseu, i wisn 10 say tnat tins was tho second time I had ever spoken to Jesse James. Jr., In my life. In fact. I never knew him even by sight until a few months ago. In my first conversation with him I simply said to him that I presumed he knew what my position Intel been with reference to what was known as the James boys: that I wished him to understand, however, that I did not impute arty of tho acts of the James boys to him as ho was in no way responsible for them: that I was glad to notice by the papers that ho was making an honest living and endeavoring to support himelf and his mother, and that I hoped-he would make a man of him self; that ho had started in life under unfa vorable auspices and he had my sympathy. This Is the extent of my friendship with Jesse James. Jr. 1 believe that every good citizen in Missouri has felt toward him just ns 1 have. As to ill.-: guilt or Innocence of the charge upon which lie is now ar rested I know nothing whatever and have no opinion lo express. I am not now and never have been his attorney. I wisli to add that I am sure that your reporter wrote exactly what he believed to be the facts and that the nlrave which I have thought required an explanation from me is simply what is likely to occur with any newspaper man In writing a hur ried account of any occurrence. WILLIAM II. WALLACE. Kansas City, Oct. 12. Sick Coming; Home From Mnnlln. SAN FRANCISCO. Oct. 12. The trans port Rio de Janeiro, whicli will probably arrive at this port within a week, will bring over 1M sick nnd disabled soldiers from Manila. Dr. G. W. Day wait, of San Francisco, is in charge of the floating hos pital. It is hoped that the voyage home, under favorable conditions, will greatly Im prove the condition of most of the men. Major Heche Dcnil in lliiviuin. WASHINGTON. Oct. 12. Major General Wade cabled the war department to-day-announcing the doatli of Major S. B. Bcebe, ordnance officer of the Fnlted States navy, who died yesterday of yellow fever at Havana. He was a resident of Thomp son. Conn., where his widow lives. Major Beebo was a graduate of West Point. Sec the Electrical Display nt Omaha Exposition. You can do so by taking the Burlington route. Their train leaves Omaha at 11 p. m. Passengers can remain at the exposi tion grounds until 10 p. m., when ticketed via Burlington route. OF GUAM YOl'NG SAILOR WIIO DESERTED FROM A WHALER IS "IT." RUNS THINGS FOR UNCLE SAM TWO REVOMTIOXS SINCE THE ISL AND WAS) SEIZED. Three Applicants! for Tito OIUceM mill the Wild .Mini From llorneo Was Turned Down Two Hours of Mnrtlnl Law In Honolulu. HONOLULU', Oct. i. VIA SAN FRAN CISCO, Oct. 12. The United States troop ship Pennsylvania arrived from Manila by way ot Guam yesterday, having on board twelve passengers, mostly Invalided soldiers from the Philippines. Dr. Smith, formerly surgeon of the United States cruiser Balti more, is one of the passengers. The Penn sylvania will probably sail for San Fran cisco on Wednesday. The Pennsylvania sailed from Manila Sep tember 9, for Guam, whicli was reached on the 17th tilt. She remained there until Sep tember 1?, being feasted by tho inhabitants In a royal manner. The Pennsylvania was the first vessel carrying the American'llag that touched nt Guam since the Charleston took possession. Two revolutions had tak en place. Incltetl by Spanish priests, twice had the natives pulled down Old Glory and hoisted the Spanish colors. Twice had the local police hoisted the ensign ot Uncle Sam again, and no bloodshed ensued. The Pooh Bah who ls running things In Guam for the United States Is reported to be a young sailor who is said to have de serteel from one of the whalers touching thero some time. ago. He fills every bill, from the governor elown to tux collector, nnd it Is said some of the natives still think the money goes to Spain. The col lector of customs is a Spaniard, but loyal to the new regime. It seems to have been a tos up when the offices at Guam had to be filled. There weru three applicants. In cluding the two men named above, and a young adventurer from the wilds of Borneo. Tho Borneo man was left. Dysentery, mumps nnd mensles were epi demic at Manila when tho Pennsylvania left. Tho Pennsylvania tvent to Guam to re turn the Spanish doctor whom the Charles ton inadvertently took nway when the place was captureel. It appears that he was with tho Spanish troops taken from the garrison, a fact not known, however, until Manila was reached. The removal of a doctor under such circumstances is a serious matter, but it appears that no one was to blame in this case. The United States government righted tho wrong by sending the transport back to the Island with tho physician. The Spanish peoplo received tho doctor with wild cheers of de light, and thanked and cheered the captain of the Pennsylvania for returning him to them. On the night of October 3, Second Lieu- te-nant Merriam, U. S. A., nnd First Lieu tenant AVheelock, New York volunteers, decided to run things in Honolulu, and de clared martial law. "Wheelock was provost marshal In charge of the mounted In fantry. It Is not known whether Merriam was on duty. About 11:30 at night the two officers de clared martial law, and for two hours and a half this condition of affairs pre vailed. Indignant citizens woke up Gen eral King about 1 o'clocSc In the morning and the general caused the two officers to be rounded up and their martial law was declared off. It was stated that both men were under, the influence of liquor. They will be court-martialed. For a time it was the liveliest night Honolulu has ever s?n. The two officers assumed entire control of the town. Citi zens were ordered off the streets and then off the sidewalks. These orders were en forced by the mounted men under Wheel ock's command. Sailors were chased aboard their ships and two steamer cap tains and a customs officer had to scramble for their safety. General King was very angry when he heard what was being done, and said the young men were act ing without orders." Lieutenant Merriam is a son of General Merriam. Private Clarence H. Porter, Company II, First New York, died at tho military hos pital Sunday night. The dead man's brother, Fred, Is now in a very critical condition at the hospital with pneumonia and is not expected to live. He belongs to the same company. While the Hawaiian planters have not made any overtures to the sugar trut, the latter has made overtures to the planters and is now cpenly in the field with an offer to contract for the Hawaiian sugar for the next three years, expressly stipulating that the present arrangement with the Cal ifornia refinery shall continue, which means that the Port Costa refinery Is to get 60,000 tons annually and the balance goes to San Francisco or New York as the trust may decide. Tho present contract with Howard & Co., of New York, by which some of the sugar goes over the Southern Pacific and some by Cape Horn, expires on January 1 next, and it is un derstood that they waive any rights to have a renewal In favor of the trust. Captain Tanner. United States navy, has arrived here to select a site for a coaling wharf. TWO THIRTY-FIVE KNOT BOATS A Titer Are Helntf Itnllt nt NcTrcnMIe- on-Tyne for n I'oreiun riuvcrnnient. WASHINGTON. Oct. 12.-Consul Ulet calf, at Newcnstle-on-Tyne, sends to the Mate department a report that the build ers of the wonderful turbine-propelled boat Turbine, which created such a sensa tion at the British naval review by her extraordinary speed, have beffUn the con struction for a foreign Rovernment of two boats of the same style about 200 feet Ions iind with 10,000 hore power. They are Kiiiiranteed to make nt least thl'fy-flvo knot.-- per hour, hut ns they are twice the length, six times the welpht and live timiS the power of the Turbine, the consul s-aya It will be Interesting .to see how far thev will exceed her performance of thlrty-lhe knots. IOWA ANDJ3REG0N SAIL. It In Not Known Whether Their llen- tlnnUon I Manila or Honolulu. NEW YORK, Oct. 12. The battleships Oregon and Iowa sailed to-day with sealed orders from Washington. There has been considerable speculation as to the destina tion of the battleship?. It was first stated they would proceed direct to Manila, but suhseiiuent reports threw some doubt on this, and Honolulu may be their objective point, wiience they may proceed to Manila to strengthen Admiral Dewey's po sition. Captain A. S. Barker ls In command of the Oregon and Captain Silas Terry commands the Iowa. Nrxt Yrnr nt Wlcliltn. LAWRENCE. KA8 Oct. 12. (Special.) The Kansas yearly meeting of Friends, at Its session here to-day decided to hold tho next meeting in Wichita at the same time in October next year. The yearly meeting will adjourn at noon to-morrow. TO CURE A COLD IN ONE DAY. Take Laxative Bromo Quinine Tablets. Druggists refund money If falls cure. 25c The genuine has L. B. Q. on each tablet. SEAS0NSLE CLOTHING fT- REASOftBLE PRICES. We are prepared 'meet every requirement of the sea son in the most sylisid finely tailored ready-to-wear SUITS m OVERCOATS Forien and Boys ever manufactured for.eir use. We show an almost infinite variety of Late Styiesd Patterns, which are of very service able qualities. VYE WlrtK.E-'E SELL WE WARRrtNT. MonSack If You Want It. MEN'S HATS3AP5 AND FURNISHINGS In All f Novelties of the Season. Brownik, King & Co., HOI AND 1103 UN ST. AND li ELEVENTH ST. THE CORNER STCE. TEL. 1908 Smoke tb Conductor Cigar. 3 for a quarter size, 5 for 35c; Vs Royal Havana Stogies, 6 for toe Stock U reicatnJ mild. Wholesale to dealers. OEO.ROsb, Factory Agent, 1106 Union Avenue. FINE FOR TXAS SANITARY CONVENTION DOIISCS CATTLE Diri'ING WOULD ADMIT DIPPEIST0CK HESlIr WOULD DE TO U.E THICE OF TEXANS. Convention lteeomraendu .nt Cali fornia, lie Placed SoutbC the fltinrnntlne Line nndltnt Stnte Qnnrnntlnc L: lie Abolished. OMAHA, NEB., Oct. 12.-At -day's ses sion of the interstate sanltarjonvention held at South Omaha, the foiling resolu tion on enttlrt dipping was aited: "Whereas. The experiments jently con ducted have demonstrated tl Southern cattle dipped In dynamo oil sarated with sulphui will effectually destrcthe South ern tick, and that such may bhlxed with Northern native cattle witho;danger of communicating Texas or Soiern fever thereto; "Resolved, That the quarane regula tions may be amended with siiy so as to permit the passage ot dipped athern cat tle, on the certificate of a dgnated In spector of tho state or the tted States department of agriculture. Northern states during any portion ofie year." Next came the report of ti committee I on quarantine line, which wass follows: "That this association reconends the honorable secretary of agrlcute to adopt the same federal quarantinene for the year 1S0O as that adopted for e year 1S98, with the exception or the sta'or Califor nia, which Is hereby recommded to be i placed below the line, and cats therefrom I destined to points above thene shall be ! mlmUtn.l n1.. .t , uuimiicu uuij wjieu iouiiu ioe iree ironi Infection after inspection b.the federal authorities, and also with thtxceptlon ot Giles county, Tcnn., which ihereby rec ommended to be placed aboviaid line." The bureau of animal indu:y was rep resented at tho meeting byr. Norgard, Dr. Geddls and Colonel DeanAll of these officials lectured on cattle dlpig and rec ommended the continuance the experi ments. A resolution was adopted ruestlng that state sanitary boards whos legislatures have enacted laws fixing qimntine lines and dates between which cale Vom cer tain dittrlcts cannot be lmpo;d shall use all possible means to procurehe repeal or such acts and the enactment? legislation, in lieu thereof, providing nt the gov ernor of the state may, by roclamatlon, prohibit the importation of-tny kind of live stock when conditions ext which ren der such importations dangeus. The convention further recamended that all states adopt regulations svernlng the Importation of cattle from oer states ln conformity with regulatlons'ecommended by the association and adoptl by the de partment of agriculture. Tho action of the live stocknnitary com missioners ot the various sta-s In a meet ing at Omaha yesterday agrtlng to admit Southern cattle north of ts quarantine lines on being dipped and oiompanled by a certificate of health froman Inspector of the United States bureauit animal In dustry, means a revolution lithe Southern cattle trade. They also reconnend the ab olition of the various stat quarantine lines, which breaks down anlher and use less Imrrier to Interstate connerce ln rat tle. It Is understood that thrtiatlonnl gov ernment will indorse this adon and join with tho states In putting In tree a general dipping of Southern cnttlfand allowed them to come north after bmg so treated for grazing without prejudlc- any tlraj o: year. It Is thought this actlor by the live stock sanitnry boards will advanco the ale of all cattle south of le quarantine line from J3 to per head. As Texas Is ciedlted with .""O.'.nO Meercattle aione, thi3 would mean J15.7rfl.O0i) t I2ff.20O.00O in creased valuation on them. Then there lo the Indian Territory, which hs about 7T0, 000. which would be Increasd J2,2jO,000 lo J3.T50,eOO. Oklahoma, with M0.C0O cattle, would receive a benefit of JID.Ort) lo J1.0W). 00O, nnd Arkansas, which ha" 423.000 cattle, would be benefited Jl.273,00 to J2.12T..00I.; and this i exclusive of cows and all other Southern states would recehs more or less benefit. CUBA'S RAILROAD SYSTEM. Secretary AlKer "Will Hecouiniend Tlmt It lie Kxtcndf. by the I'niteil .State WASHINGTON. Oct. 12.1jecretary Alger will recommend to congress that the exist Ing railroad system In Cubu be extended ho as to form a line running directly from Cape Slaysi, at the east enc of the island, to Cape Antonio, on the wistern extremi ty, lie will also rccommendthat this work be undertaken by the Unitd States gov ernment, and that congress ipproprlate the necessary fund. The road II a military ne cessity and, moreover, the construction of the railroad will give work lo many ot the unemployed native laborers As the road progresses, sections of the country w"l lo opened up that aro now inaccessible to trade. Cheap Excursion, Hates Via the Northwestern linei to North and South Dakota, Iowa and Minnesota. Tick ets sold October IS. November 1 nnd 13. De cember 6 and 20. For information and rates address A. L. Fisher. Trtvellng Passen ger Agent, S23 Main street, Kansas City.Mo. Xjlqaora for KnP"i. Shipped dally In secure packages by GEORGE ETSSELL. Druggist. Opposite waiting room Union depot. flrO rwi RCSCu. C2Mg VViVl BbPLJ Used Three Times Each Day. Xo furniture gets such constant and hard usage as the Cooking Range. The Majestic Ranges are made of Malleable iron and steel they will never crack or wear out. Bakes quick, heats water for ba'h in minutes, not hours. The only complete Cooking Range made. Sold Only lay The Zaiiner & Battel! Mfg. Co. NO. 12 WEST 10TH STREET. Dealers in Stores and Hardware. An Apology. Owing to the immense crowds I that attended our Going Out ofj Business Sale yesterday, wo were I obliged to close the doors at inter vals during the day. This was done I solely to properly wait upon the I customers already In the store. If i those whom we were unable to ad- mit will please call to-day, EARLY, we will show them that this bona RbJ fide quitting business Shoe Sale is the best bargain opportunity of their lives, and that manufacturers' cost Is all we ask In ANY case, and I less ln many. Respectfully, Egelhoff Shoe Co., Northeast Corner of Main and Eleventh Streets. HIDES MAY TAKE A TUMBLE. United Stntcn Leather Campanr l're Iinrlnpr to Close It Tanner ies, It Is Said. NEW YORK, Oct. 12. Officials of tho United States Leather Company refuse to confirm or deny the rumor that, within a few days, owing to lack ot profit ln the leather business, it will endeavor to lower the price of hides and advanco that of leather by closing many or all ot Its tan neries and dependent Industries. Ihe tan neries in the East and South number about 100. The price of hides just now Is almost prohibitive. Chlcagos sell at it to 12 cents a pound, and South Americans at HVi to 16H cents, while there has been an overproduction of leather and Its manufactures. The leather company several years ago met a like sit uation by "shutting down" for four months, and forced the price of hides from 13 cents to 3 cents a pound. Interests outside ot the company are dis posed to believe that It intends to take prompt nnd radical action because the con ditions of the leather trade are unfavorable all over the world. ROCKEFELLER'S GENEROSITY. Snrlnl Settlement House to lit- Hullt In the Italian rilstrlet In Cleveland. CLEVELAND, O.. Oct. 12.-It Is an nounced that John D. Rockefeller will fur nish funds to purchase the ground nnd to build a large social settlement house in the Italian district of this city. It will be cnlled the Alta house, in honor of Sir. Rockefeller's daughter, who Is one of thn prime movers of the kindergarten and day niirsery work among the children ot that district. The building will be a tine, largo brick and stone structure. PEACE JUBILEE WEEK. Oniaha, Aeb., October lUtli to 1,1th. 180S Omnlia Exposition. President William McKInley and cabinet will be on the exposition grounds Wednes day and Thursday. The JHssourl Pacific Railway will sell round trip excursion tick ets on October 10th to 13th. Inclusive, good to return until Monday. October 17th. ISM, rati: W.3 Excursion tickets nt Union depot. No. 1032 Union avenue, and city ticket office. No. 800 Main street. E. S. JEWETT. Agent. HOMESEEKEIIS' F.XCURSIOSS. Via the Knty Route Short Line to Texns. On October IS, November 1 and 13. December 6 nnd 20. the Missouri. Kansas & Texas railway will sell tickets to all points In Texas, to points ln Arizona, New Mex ico nnd Louisiana at very low rates. For particulars, call at ticket offices, 823 Main street. 101S Union avenue and Union depot. T. J. FITZGERALD. Passenger and Ticket Agant. BBBKsaWSIBBIBBBIS