The West Virginian. [volume], December 21, 1914, Image 1

About The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974

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ggision Was Rendered Today Which Re
versed Ruling of New Hampshire
Federal Court.
IpS WERE UNANIMOUS IN VERDICT
Ch$^Escaped in August, 1913, From Asylum
Where He Was Confined After Two
Trials for Murder.
^Asfioci&tcd press
^WASHINGTON, Dee. 21.?The Supreme Court to
iy/reversed the refusal of the Federal Court in New
lampshire to extradite, Harry K. Thaw to New York.
The effect of today's decision is to cause the extradi- ,
jaorvofThaw from New Hampshire to New York at once. .
*|; ;0n August 17,1913, Tha'w escaped from Matteawan
isane hospital in New York, where he had been confined
'Iter two trials for the murder of Stanford White. Charg
|$th conspiracy to escape, he was finally arrested in
few-Hampshire. He was indicted in New York on that
large, and application for his extradition was made to
pw Hampshire. Extradition was ordered by the gov
rhor.Qf New Hampshire, buft on habeas corpus proceed
ings in the Federal District Court, Judge Aldrich held
iat Thaw should be release'd.
^ justice Holmes announced the Court's decision to
ay. He first overruled the contentions that it was not
crime for- a man confined in an asylum to walk out if he
Suld, and that therefore conspiracy to do so was not a
*" afe., i
fie'-jdo not regard it as open to debate that the with
Ga^ifby connivance of a man from an insane asylum to
^i^Ke has been committed as Thaw was, did tend to ob
due administration of the law. At least the
ffewSYork court may so decide. Therefore the indict
ment charges a crime. If there is any remote defect in
rejearlier proceedings by^which Thaw wais committed,
T^ich we are far from intimating, this is not the time
idlpjace for that question to be tried."
Bllce Holmes said the most seri
, Sr^umeiit-for Thaw was that If ha
ro Insane.'.when ho contrived his es
IffleSiould Hot he guilty of 'crime
iwere not insane he was en
cP'discbarged and that his
JHement aiicl otlier facts In the
cord'rcquirecl the Supreme court to
gtrame^hat ;he was insane.
EBut'thts is not Thaw's trial." com
aented the Justice upon the line of
"n'ent'- '?
he" extradition proceedings even
Sienfas here a human opportunity is
fr6rded%1o>. test them upon habeas
"pus theN purpose of the writ is not
.Jjjbstltute the Judgment of another
b'unatjupon the fact or the law of
Sejmattier to be tried. The constltu
nothing about habeas corpus
?hat.; connection, but premptorily
?ajttiat upon proper demand the
sons charged shall be delivered up
or^removed to the State having
isdlction of the crime. There is
jjdiscression line, no inquiry into
ootives.
Tie": technicalities
of the indict
ment is not open and even if it be true
that the argument stated offers a nice
question it is a question as to the lav
of New York which the New York
court must decide. The statute that
declares an act dons by a lunatic not
u crime adds that a person is not ex
cused from criminal liability except
upon proof that at the time 'He was
laboring under such defect of reason
as. Number 1, not to known the nature
and quality of the act he was doing,
or Number 2, not to know that the act
v.as wrong.'
\
"The inmates of lunatics asylums
are largely governed, It has been re
marked by a appeal to the same ran
tlve that govern other men, and it well
might bo that a'man who was insane
and dangerous, nevertheless in many
directions understood the nature and
qualities of his act as well, and was
as open to be effected by the motive
of the criminal law as anybody else.
How far such consideration schall b
taken Inlo account il Is for the New
"York courts to decide as it is for w
New York Jury to determine whether
at the moment of the conspiracy
Merry Xmas
M
m
m.
?
B$vi .
THE DIMES, NICKELS and PENNIES
niat you are daily allowing to slip away for trifles
pill soon grow into a sum sufficient to buy a lot of
nice presents for next Christmas, if you pay them
....
^weekly into our
MAKE IT A SURE THING
sm.
n
JOIN NOW
Christmas Savings Club
irst national bank
Fairmont W. Va.
r.
- HARRV K. THAW,
Slayer of Stanford White, who must
return to Matteawan A?ylum.
Thaw was insane in such sense as
they may be instructed, would make
the fact a defense.
"When as here, tho identity of tlv
person, the fact that he Is a fugitive
from Justice, the demand In due form
the indictment by a grand Jiiry for
what tha Governor of New York al
leges to be a crime In that state and
the reasonable possibility that it may
be such* will appear the constitutional
ly required surrender Is not to be in
terfered with by tho summary pro
cess of habeas corpus* upon specula
tion as to what ought to be the result
of a trial In the place where the con
stitution provides for its taking place.
We regard It as too clear for lengthy
discussion that Thaw should be deliv
ered up atonce.
Try Thaw for Conspiracy.
WASHINGTON. Dec. 21.?Legal au
thorities who have followed the case
pointed out today that New York,
with its custody of Thaw secured,
must now direct his trial for conspir
acy or make and annul the indictment
and return the prisoner to Matteawan,
or it might return him to 'the asylum,
in this regard of the iniildent. Dur
ing the argument of the case before
the Supreme Court, Chief Justice
White Intimated that immediate im
prisonment of Thaw in Matteawan
after his return might glvo rise to an
other habeas corpus proceeding to de
termine whether a federal writ had
been denied by; putting him in an
asylum after extraditing him for con
spiracy.
Thaw Makes No Comment.
MANCHESTER, N. H? Deo. 21.?
Harry K. Thaw received without com
ment today the anouncement from
Washington that the Supreme Court
had reversed the decision of the Fed
eral Court in New Hampshire, whlcn
refused to extradite him to New York.
His secretary, speaking for him, after
manifesting surprise said: "Mr. Thaw
had no comment to make." Any
statement regarding the court's ac
tion will have to come from his coun
sel, Philander C. Knox, in whom Mr.
Thaw has overy confidence."
Thaw received the news through a
press dispatch.
Tomorrow Is
Red Cross Day
EVERYBODY WILL WEAR A
STAMP ON DRESS OR LA
PEL OF COAT.
Tomorrow is to be known as Red
CrOBs Stamp Day in Fairmont. Got
ready to wear one of these stamps on
the lapel of your dress or coat. Al
ready over 25,000,000 of these stamps
have sold throughout the land. All
the funds derived fr.om these sales
are used In the fight against tubercu
losis. The Interest In this war of
general interest in the public health
against this dread disease Is greater
than ever before. . In all the great
dailies in--the larger cities striking ed
itorials are fonnd urging the public
to get into this fight, and folks are
lining up.
Fairmont Is never behind in good
works. Make tomorrow memorable by
wearing a Red Cross stamp. By this
plan you will do two things?you will
aid financially, and will also add to
the general Interest In the work of
the local Anti-Tuberculosis League.
Stamps will be found In the lead
ing stores and In the lobby of the
postofflce.
John Jackson and His Fam
ily Have Narrow Escape
When the Store,of the New
Central Coal Company at
Baxter Burns.
LADDER NOT AVAILBLE
BLANKET ROPE IS USED
Mrs. Jackson's Back Was
Badly Wrenched When Her
Hold on the Rope Slipped
and Mr. Jackson Was Un
conscious for a Time.
The store of the New Central Coal
and Coke Company, at Baxter, -was
totally destroyed by Are this morning
which was discovered about 3:30
o'clock. John Jackson, store mana
ger, and his family had narrow es
capes with their lives.
The building, a three stor struc
ture, was a mass of flames when tho
Are was discovered. Mr. Jackson and
his family lived In the third story
above the store. There was no way
for them to reach the stair and lad
ders were too short to permit them to
escape in that way, and Mr. and Mrs.
Jackson tied blankets together, mak
ing ropes. Mr. Jackson let his child,
Elizabeth, Margaret Lochner, a niece:
May Allen, a girl staying in the Jack
son home, safely down to the ground.
They escaped without a scratch. Mrs.
Jackson was less fortunate. She wa3
descending the improvised rope and
was about half way down when her
hold slipped and she fell. Her back
was badly wrenched and there were
several contusions about her body.
Mr. Jackson succeeded In getting out,
but fell exhausted at the grounn
when he landed. He was unconscious
for a time. Ho was carried to Web
er's home nearby. Later when tlw
Weber home was threatened with de
struction he was carried to another
neighbor's house.
The water plug near the Btore build
ing was frozen up and for a time this
cut oft the water supply, so there was
no way to' combat the flames. The
.enttre village, turned out/ arid made
heroic struggles with no avail so far
as the store was concerned.
A little later when the water plug
tbawed out a string of hose played
on the buildings near the store and
all of them were saved.
The property loss, both to the build'
ing and the store, Is estimated at $20,
000 covered by Insurance. Mr. Jack
son and his family lost everything
that they had. It was with the great
est difficulty that they were able
to escape in their night clothes. The
origin of the Are is unknown. Ail
of the fires in the building were turn
ed off last night.
Mr. Duncan Sinclair, of this city,
president and general manager of the
company, is in the East and at the
time this Is written has had no com
munication bearing the intelligence
of the destruction of the store.
The news of the distressing occui
rence created much excitement in the
city this morning where the Jackson
family is well known.
Mrs. Jackson Is a daughter of Mrs.
Margaret Montgomery of Benoni ave
nue and a sister of Miss Virginia Mont
gomery of Hartley's store.
In the rear the building was thrte
(Continued on Page 10.)
Prohibition Bill
Comes Up Tomrrow
By Associated Press.
WASHINGTON. Dec. 21.?Represen
tative Hobson, of Alabama, and other
supporters of national prohibition,
were actively at work today lining up
their forces for tomorrow's encounter
in the House when the rules to take
up the Hobson resolution for submis
sion to the states of a constitutional
amendment for nation wide prohibi
tion will be votod upon. This iBsue ov
ershadows other questions before Con
gress during the week.
Soldiers to Keep
Repentance Day
Bt Associates Press.]
AMSTEEDAM, via London, Dec. 21v
?An Amsterdam newspaper learns
from Cologne that the archblBhops
and bishops of Germany have ordered
that January 10 be kept as a general
repentance day by the Catholics in
the army. The priests In the field
are charged to encourage the soldiers
to participate as much as possible.
ZEPPELIN FIRE
KILLED NINETY
Eighteen Bombs Were Drop
ped Which Demolished Two
Houses in Warsaw.
FIFTY OTHERS WERE WOUNDED
?ZEPPELIN ESCAPES WITH
OUT INJURY.
By Associated Press.
LONDON, Dec. 21.?A dispatch to
the Exchange Telegraph Company
from Amsterdam says:
"The Germans have evacuated DIx
mude, but the report that the allies
have taken Middlekerke is untrue."
Kaiser Recover!.
Emperor William has so far recov
ered from his recent illness as to re
turn' to the front. Here he will spend
Christmas. The dispatches from Ger
many do not say to which front his
majesty has gone, but earlier advices
from Berlin lead to the belief that
he bas turned westward.
Precautions Are Joke.
A prominent neutral traveler who
reached London today from Berlin
expressed the opinion that Germans
are not thinking seriously of a Zep
pelin invasion of England. Accord
ing to this observer, they regard the
apprehension and precaution against
eppelln attacks taken in London and
other English cities as a great Joke.
Zeppelin Drops Bomb*.
LONDON, Dec. 21.?A Central News
dispatch from Rome says that, ac
cording ta^a report from Warsaw, that
city was bombarded yesterday by a
Zeppolln.
Eighteen bombs were dropped, de
molishing two houses and killing 90
persons. Fifty others were wounded.
Later six bombs also were dropped
from a German aeroplane, but small
damage was done In this supplemen
tary bombardment
Churches To
Have Union
Prayer Week
ARRANGEMENTS WERE MADE AT
MEETING OF MINISTERIAL
ASSOCIATION TODAY.
MINISTERS OF VARIOUS CHURCH
ES WILL PREACH IN FIRST
BAPTIST EDIFICE.
At the meeting of the Fairmont
Ministerial Association held Monday
morning arrangements were made for
the union week of prayer which will
be held in the First Baptist church
beginning January 4 and lasting
through January 8. The preachers to
deliver sermons are Dr. Clarence
Mitchell, of the Central Christian
church, who will preach Monday
night; Dr. L. K. Probst, of Grace
Lutheran church, Tuesday night; Dr.
Harry C. Howard, of the First Meth
odist church, Wednesday night; Dr.
J. C. Broomfield, of the People's Tem
ple, Thursday night; Dr. W. I. Can
ter, of the Methodist Episcopal
church, South, Friday night. Dr. H.
G. Stoetzer, president of the associa
tion, will preside.
Woman Kills Wildcat
With Trusty Rifle
LADYSMITH, Wis., Dec. 21.?Mrs.
W. 0. Smalley is gaining recognition
for her powers asa huntress. With
her trusty rifle she brought down a
monster wildcat Facing the animal
with coolness until it had approach
ed within forty feet of her and was
preparing to spring, she gave It a
bullet squarely through the head. The
animal weighs sixty-eight pounds and
measures 4 feet and X Inch from
noBe to tall. Though a |6 bounty Is
collectable on wildcats upon presen
tation of the scalp at the office of
the County Clerk, Mrs. Smiley has
preferred to have her trophy mounted
by a taxidermist
Official
FRENCH REPORT IS
SUED FROM par's.
Progress all along the lines is
claimed in the Fronch official
statement given out in Paris thiB
afternoon. There is not one
single mention of a German suc
cess or a French repulse. Chang
es, although slight, are recorded
in Belgium, between the Lys and
the Alsne, in the Champagne
country and in the Argonne.
At one point an advance of 1,
200 yards is recorded, and at an
other the French made 600 yards
gain* Progress has been made be
tween the Argonne and the Meuso
on the right bank of the Meuso
and on the heights of the Meuse.
The French heavy artillery is
described as having been success
ful on the Aisne, near Rheims and
elsewhere.
One-Armed Man Kills
2 Rabbits at 1 Shot
marshalltown, la., Dec. 21.?
Killing two rabbits with the discharge
of a single barrel of a> shotgun Is a
most unusual experience for any j
hunter, to say nothing of the accom
plishment providing the hunter has
but one arm. Such a feat was the
experience of Dewey F. La Plant, a
Western Union telegraph operator of
this city, who lost his left arm 20
years ago this winter hunting rob
bits. . .
The other day La Plant went out rab
bit hunting, the mere fact that he
had lost an arm at the game never
having caused him to be "gun shy."
A rabbit got up ahead of La Plant
and when it -was far enough away so
that La Plant thought ho wouldn't
shoot him to pieces, ho pulled the trig
ger. The rabbit fell dead in his .tracks
and the very instant that La Plant
shot another rabbit turned a somer
sault and fell dead within a few feet
of where lay the rabbit La Plant had,
shot at. The second rabbit happen^
ed to be in direct line also to recelru
the charge from the point "where ho
was hiding, and La Plant bagged two
at the expense of a single shot.
Sentenced to Hang
Date Amuses Victim
BOTTINEAU, N. D., Dec. 21.?Jos
eph milo, convicted murderer of J.
N Karst, smiled when Judge Burr
sentenced him to "hang by the neck
until dead" Friday. August 13, 1915.
The fact that Friday the 13th was
the date selected for his execution
seemed to amuse Mllo, for he made
no effort ot restrain a chuckle. it
will be the first execution in Nortu
Dakota in ten years.
Weather
Western Pennsylvania?Fair tonight
and Tuesday, much colder tonight.
West Virginia?Fair tonight and Tues
day, colder tonight.
* READ the WEST virginian ?
? It l( on sale each evening at ?
<. the following places:
fairmont. *
% Fairmont New. Agency, *
Monroe street. *
<. Marlon News Agency, Main .
.> street.
$ a. Q. Martin's News Agency, ?
c- Main street. '
<, J. H. McCloskey, Drug Store, '/
<. Locust avenue. j
<. Hamilton Drug co, Tenth ?
<, street. ...
Moran and Springer, Water v
<. street.
<. J. B. Rose, Wsln.St. and <?
? Parks avenue. *
, Holt's Novelty 8tore, Main t
? street .. .
? Clarence Fisher, Grocer, Mar- <?
? ket and Columbia 8t?, First ?
? Ward. _ .
Howard C. Cunningham, Qro- ?
<? cer, Morgantown ave, near <r
<? Owens' Works.
^ mannington <?
?. Smith and Mtllan News ?
? Agency. j
?, farmington *
F. G. Gray, Grocer. ?
POLISH GUI
Germans Are in TwO|
March of Warsaw but
Strong Opposition.
AUSTRIAN8 ATTEMPT TO|SSul
SERVIA ABUNDANT FOR
A TIME.
?The great b?t
By Associated Press.
LONDON, Dec. 21
tle to the west of Warsaw, hM>T.etjto
be fought out judging from Indications
conveyed In recent dispaUtiSirp
Berlin and Petrograd. " ? '
It appears today, to Brltl&'miBtMixj
observers, that the Gennuif"-?5^
tlon. that Gen. Von Hlndinbi
scored a notable success oVe?SSsitinsj
must be qualified. A parallel^caiS
found In recent claim of a^crushl
Russian victory near Lodi whlch'Tiul
sequentlv proved to be, premate^
exaggerated.
The German army comnSHli
Gen. Von Hlndenburg, hagjj made
steady advance in the directly
Polish capltol but' the Russian^:
lng back appear to hayejfik;^
positions In Btrong entrenchmeni
In cr?tto of the fact that?|tfilj|lnvad<
?'?n two or three/tfaysjjr ?
Warsaw, there is goo<i' reaso:
lleve that much hard flgfi^
come, before it can be'.fdetermini
vbetber or not, this latest a/'
occupy Warsaw "will be c:
success. >.,i
RUSSIANS DBIVENjSblfj
Along the southern tnraSeiQ
Prussia the Russians ctaffij*'
the upper hand but furtb
couth, in southern FoIand'afjM
Galicla, the leaders of -Austrojr
forces reclare .theirsre^s^egi
Russians before them.'-^TH
that the long seige of the'
further that they have clef
[plans out of West OaUetaj^tt^
that the long selge of Cracow,
been raised, and If thla'jadTan'
the part of the Teuton allies?
ues it may bring slmllir ToUef to
Austrian garrison at Priem:
selged by Russians since the
days of the war.
A vigorous Austrian offensive
arena of hostilities has nflceBria1f
of many <robps|herel
used against Servia, andfyhi
dications, that the Austrian attempi
crush Servia, will for :^^me,
abandoned.
Proprietor
Is MurdeiM
In Own Hi
DIES WITH HALF A DOZEN
wounds in HielT^
BODY.
$200 AND A DIAMOND Rll
MI88IN0?ROBBERYageB
ABLE MOTiyeS
Br Associated Press. ,*
CLEVELAND, O.. Dec. 21.?"V
Troy, BO. proprietor ofjtev;
tels, was stabbed to deatl"'
in the Troy hotel here
There were a half dor'
In his body. The fact^JSjp
of Troy'B money and?a|^am3
were reported missing caui
lice to work on ?
bery prompted the crime,
cide theory, howeyejSJ
abandoned. The police
the death of the hote:
woman's voice over .the;
said: O' *ur old friendS
having been stabbed jiljl
Better come over and look
Who called the policej"
determined.
~N01
All Uiuori^jBSS
will close all dang
be open Tlit
p. m.