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See Page of 1 00 Bargains in this Issue. Bring it Down Town with You. It Will Help Do Your Shopping ' .MBER ASSOCIATED PRESS TWELVE PAGES TODAY -f - -OS 4 yVA , Number 102. Argument Made i Asking for .nvietion SAYS HERMANN WAS . AFTER SENATORSHIP t's Counsel Today Make Plea for Vcquittal P. V February 9. Francis J. do his argument to tho i snj the case of former 1. ngor Ilcrmann, charged to defraud tho gov .' 1 them why the govern In conviction. ii an easy conversation r using his voice, but ho i ' i the undivided atten rt and jury and a court- , .'. tators throughout the r i that Hemann was a characteristic indicn- .- that, while not appear- I c senntorship, he was niiul effort to obtain it. iMon. tho prosecutor de- - attempt, whilo testify ippear that former Sec interior Hitchcock was 'u' people; that ho had effort to seeure tho re- i land law and lumber but Hermann himself n. e who tried to secure - shown by tho defend in ss.es. Hcney said, were made as great an ef . I.iws repealed as Her- yraous Letter i .it length on an anon i ( regon which was ro ' neral land office in- mil explanation of how itors were defrauding Two days lator, tho when Hermann received ier and tho Holzinger -nig Hermann of frauds intiim reserve and tho ' I is revelations, Her- tt they were conclusive n '1 to conceal the Za nd tho Holzniger re that failed he declared sei n the citizen letter, .inserted, it had been in .tun hail ordered that ''it uon should bo placed .. the lormatiou of the ' it in tho indictment, ! occurred in the oflieo mi. surveyor general for se( utor doclared that reason to discredit the I'l'lrum that Hermann s i ainc to an agreement ' to have tho Blue 1 1 e created. Honey dc- defense had not suc 'liting tho main state ly Mcldrum. 1 - I nited States Senator n. defendant's counsel, - argument for Herman, rtn making tho final 1 BOY ADMITS HIS STORY WAS A FAKE mi', February 9. James ' ii year old boy, who is , has rovised tho story ilnaping from his homo ' tl . admitting that ho i it her boy. His father, 1'iitv sheriff of Rivor- nine or send for him. U fill CRAFTY Mil GUIS HI SWITCHMEN OF CHICAGO ROAD February 9. By a reported voto of 3,007 to 91, tho switch f tho Brotherhood of Railway trainmen on eighteen Chicago decided in favor of a strike. it conference between tho union men and general managers of ' neral incrcaso of wages was refused. Tho railroads rnado cer in working rules and offered to submit tho wage question to ' t tho Erdman law. Tho skitchmon say they don't want arbi ' is generally beliovcd by tho railroads that tho question will 'ii at method and that thoro will bo no strike. '"n of a striko will probably bo settled tomorrow, whon ropro thc brotherhood will give their ultimatum to tho railroad man- tn , A t I FIGHTERS ARRESTED OF ST LATER CHICAGO, February 9. Albert Wllkowski died at a hospital hero to night, following injuries receivod last night in a ten-round fight. The police havo arrested, pending tho outcomo of .tho coroner's inquest, Harry Gilmore, tho veteran prizo fighter, and Joseph McCarthy and George Iioatham. CHICAGO, February 9. Harry Gil more, tho veteran prizo fighter, and Jos eph McCarthy and Georgo Loatham were taken into custody today pending the outsome of injuries suffered by Al bert Wilkowski in a boxing inntch at Gilmoro's academy tonight. Wilkow ski is said to bo dying, McCarthy was Wilkowski 's opponent and Leatham his second. Harry Gilmore, Jr., will also bo arrested. " According to Gilmore, McCarthy and Wilkowski mot in a boxing match to settlo a grudge which existed between thorn as tho result of lioxing lessons. They fought ton rounds with two ounco gloves. Both finished in npparent good condition, but Wilkowsky col lapsed a fow minutes later. BOUGHT TELEPHONE SEOH I Morgan May Testify, in Suit tovAnnul Recent Sale of Phone Interests NEW YORK, February 9. J. P. Morgan may voluntarily testify in New York in a few days concerning tho re cent purclia.se by his firm of tho con trolling interest in the United State Tclephono company of Cleveland, Ohio, and the Cuyahoga Tclephono company of the same state. Protesting minority stockholders of tho companies are in Now York tak ing depositions to bo used in the Ohio courts in suits to check consummation of tho purchase, maintaining that J. P. Morgan & .o. acted for the American Telephone & Telegraph company, (the Boll interests), in acquiring six inde pendent companies in Ohio and Indiana, and that, as competition has ceased in that territory, tho transaction is ille gal. Morgan & Co. hnve held all along that any purchases they made were simply as an investment of the firm. BELIEVED PACKING EVIDENCE FINISHED Grand Jury "Work Comes to Halt Yesterday CHICAGO, Fobruary 9. Tho hearing of witnesses by tho federal grand jury in tho investigation for evidence of vi olations of tho Sherman anti-trust act by tho Chicago packing companies came to an abrupt halt today. It is believed tho jury has finished taking testimony and is nowconsidcring the matter of re turning indictments. SETTLEMENT WITH RAILROAD EMPLOYES NEW YORK, February 9. Tho New York offices of tho National Railways of Mexico announced tonight that they had received telegraphic advices of "a sat isfactory adjustment of the dispute with conductors and engineers on tho com pany's lines. EIGHTEEN i TO STRIKI Ml Ml GLOBE, GILA COUNTY, HYDE ACCUSED DF CAUSING DEAT Millionaire Died as Result of Capsule Administered by Physician FELONIOUS INTENT IS NOT MADE PLAIN No Prosecution Yjct Begun Against Doctor Case Is Not Changed KANSAS CITY, February 9. Colonel Thomas II. Swopo eamo to his death by reason of strychnino administered iu a capsule by Dr. B. C. Hyde, husband of the millionaire's niece, according to tho verdict of tho coroner's jury at Inde pendence today. Whether tho drug was administered with felonious intent the jury was unable to determine. The jury was out a httlo more than an hour." Only one ballot was taken. Although numerous hurried consulta tions wero held by attorneys on both sides, despite that rumors regarding prosecution wero plentiful tonight, the case stands just as it did when the jury rendered its Verdict. Prosecutor Conkhng refused to dis cuss his plans. Ho said, however, that he would confer with his associates be fore ho took action. He and Hcnrv .Tost, first assistant circuit attorney, who has done the major portion of the investigating for tho state, will confer tomorrow. It is said tonight that Coroner Zwart will begin an inquest ifver Chrismnn Swopp's body as soon-nS'the official re port Of tho physicians examining tho stomach and livor is received. Dr. Hydo and his attorneys, John Clcary and Frank Walsh, spent the evening at tho physician 's home, but made no statement. Mrs. Hyde is seri ously ill and tho physician is devoting all his sparo time to her. Tho suit of Hyde's pending "against Attorney John I'axton and Drs. Frank Hall and Edward Stewart for $GOO,000 for alleged libel, will be dismissed -if Hyde is pressed for depositions in the caso now, it was reported tonight. It is expected the deposition contest, which waged fiercely last week, will begin anew. NEWSPAPER EDITOR STANDS OPERATION ATLANTA, February 9. .Clark How oil, editor of tho Atlanta Constitution, Georgia member of tho National Demo cratic committee and director of the Associated Press, was operated upon this afternoon for appendicitis. He ral lied well after coming out from under the anaesthetic. TJnlcis unforseen com plications set in he will recover. WASHINGTON D. C, February 9. Tho promotion to tho rank of rear ad miral as ono of tho honors to bo be stowed upon Commander Peary for his achievement in discovering tho north pole, rccoived tho endorsement of tho senate today. Tho Hall bill, adding Peary's namo to the list of rear admirals of tho navy, and providing immediate retirement with tho highest pav received by one of his rank, was favorablv reported by the committee- on naval affairs, passed al most immediately without debate or comment. A similar mcasuro was ottered in tho liouso by Allen of Maine, and forward ed to tho navy department by Chair man Foss of the naval affairs commit tee, who said ho hoped ifwould be ap proved by the department, and he would urge its passage by tho house. FEELS HONORED PROVIDENCE, R. I., February 9. "It is a great honor to myself and my family," said Peary tonight, when in formed that a bill making him a rear admiral had been passed by the senate. CONBOY DRINKING NIGHT OF SHOOTING SAN FRANCiSCO.J'obruary 9. Tho prosecution rested today in tho case of Michael Conboy, formerly captain of police, on trial for killing Bernard La gan. A number of witnesses testified that. Conboy had boon drinking on the night of tho shooting. Tho dofenso will begin the intro ducing of ovidenco tomorrow. SWOPE PEART IDE REAR ADMIRAL ARIZONA, THURSDAY, FEBRUARY 10, 1910 KILLED ESTHER AT ' WISH OF STEP ER Alleged Patricide Tells Re markable Story on Wit ness Stand KILLED FATHER BARTLESVILLE, Okla., February 9. "My Btop-mother was my tempter to such an extent that I thought I loved hor, and so I killed my father with an axe when sho ordered me to. ' Peter Brown, who, is on trial her.o charged with murdering his fath'er, made this remarkable admission on the witness stand in court today. He told his story without emotion. Mrs. T. H. Brown, tho supposed siren whom the young man says helped him in the crime, listened to, his story with calm ness and almost Indiff rence. Mrs. Brown is also on trial, charged with complicity in the crime ILL-FATED TOWN OVERTAKEN BY ANOTHER HORROR CHERRY, February 9. With $' no doctor ami no anti-toxin in h i' town, every widow and orphan, J victims of tho nnno fire, aro ex- posed to diphtheria through profes- 4 sional nurses cariiig for the sick. fr Shortly after dealing freo milk 4 fr to nearly two hundred women and children tonight, Frances Wheeler 4 of Chicago, one of the four nurses 4 at Cherry, was stricken with diph- ! tlieria. Other nurses mado regular 4 calls today and measured free milk. Itis feared that nearly ev- v cry ono horc has been exposed. ! ! fy ijt t a ,t tj tt j ! i PROBE OF PACKERS ADJOURNS AFTER BRIEF MEET CHICAGO, February 9. After a short session, in which only two wit nesses were taken to the jury room, the federal grand jury is believed to have finished its investigation of the rela tions of tho National Packing company and tho Now York Butchers Dressed Beef association. Government officials would not dis cuss tho report that tho jury had reached a decision in regard to tho le gality of tho connection of tho Nationnl Packing company and the eastern con corn.. It is reported tonight thnt agents of the government havo unearthed import nut information at Sioux City, Omaha, Kansas City and Denver, with tho re sult that witnesses from those cities will be summoned to appear. Members of tho jury, it is said, de sired to know under what arrangement the stock yards of those cities aro con trolled. PAYS FOR SHORTAGE National Sugar Company Lets Go of $600,000 Due to Government NEW YORK, February 9. Tho Na tional Sugar Refining company today formally turned over to tho United States treasury tho sum of $001,301, duo tho government for shortago in im portations of sugar, between 1907 and 1908. W. T. Donnison, who is assisting in the prosecution of sugar frauds, said tho settlement would not affect crimi nal prosecutions. FATAL RESULTS OF BURNING BOX CAR One Burned to Death and Two More Will Die LOS ANGELES, Fobruary 9. Ono soction hand was burned to death and two othors fatally whilo sevon more barely escaped with their lives when a box car of tho Southern Pacific, used as a section house, was destroyod by firo nt Chatsworth Park, thirty miles north of horo early today. All of tho men woro asleep whon tho firo started. M ,. '. t ' MEYER'S M Secretary Wilt Be Allowed . to Run Navy for a Year as He Sees Pit LONG DISCUSSION COMES TO AN END Appropriations toBe Made Under Old Plan and Spent Under New WASHINGTON. D. C, February 9. The long drawn dispute in the house committee on naval affairs, subject to endorsing tho plan of Secretary Meyer for a reorganization of the navy, is practically settled, it was stated toda', and next week tho committee will take action which will be, in effect, a tenta tive approvar of tho secretary's ideas. The secretary will be given an op portunity to demonstrate next year the wortli of his plan. Rcprejsentativo Daw son of Iowa, furnishejl a suggestion by which tho committee and secretary reached a common understanding. Under Dawson's plan, which it is expected tho committee will adopt, ap propriations for 1911 will bo made un der the old system, but Meyer will be vested with authority to distribute the expenditures as ho may see fit. To guard against tho diversion of the funds from proper channels it will be required that the money be spent solely for tho purpose intended by congress. This will permit the scretary to divert the funds from ono bureau to another, in accordance with his plan, and will confine them to tho objects intended. The Meyer plan provides for the abo lition of tho bureau of equipment, plac ing all naval construction under direc tum of ofiicors of tho line and rearrange ment of the duties of some other depart ments. Rear Admiral Cone, chief of the bu rea uof steam engineering, was before the committee today in an endeavor to refute the charges made by Admiral Copps, "chief of the bureau of construc tion, who told tho committee that Admi ral Cono's figures on certain estimates of expenditures were incorrect. Cone's explanation seemed satisfac tory to the committee. MUCH LITTLE WORK IN BOTHjOUSES Peary Made Rear Admiral Art Commission Provid ed for in House WASHINGTON, D. C, February 9. An investigation of the causes of high cost of living was provided for today by the passage of a resolution for that purpose in tho senate. Tho senate also passed a bill conferring the rank of rear admiral ou Commander Peary and retiring him with tho highest salary paid a rear admiral. This was "Calendar Day" in tho house, and sovcral bills wero passed, in cluding ono for tho creation of an art commission to pabs upon various works of art in tho District of Columbia. Tho senate was in session four hours and the houso an hour longer. Both houses will meet tomorrow. RESTORE BIO AREAS Millions of Acres Affected by Approval of Pincliot Plan by President WASHINGTON, D. C-, Fobruary 9. Moro than 4,000,000 acres will bo strip ped from tho forest reserves soon and restored to homestead settlement through tho government's policy of car rying out Pinehot's idea as to tho class ification of forest lauds. This is tho initial result of Taft's ap proval of tho plan jointly submitted a few days ago by Secrotary Wilson and Ballinger for a reclassification of lands. It is difficult to estimate- what will bo tho total elimination when tho whole aro has been mapped out. It cannot be stated at this timo what withdrawals will bo mado from public lauds for for est purposes in accordance with the policy of classification. . - PHOENIX AWAITING OF Governor Sloan Will Go Up With Hamilton Friday for Trip in Air Special to the Silver Belt. PHOENIX, Ariz., February 9. Phoe nix is tonight entertaining tho first of tlu visitors to tho aviation meeting and hundreds throng tho streets. All aro anxious for tho morrow to come, when they will have the first opportuni ty of witnessing the aeroplane flights. Housed at the fair grounds and careful ly guarded are three monster crafts of the afr, and Hamilton and tho two Wil lards aro tonight more confident than ever that they will break a world's record, for the weather is penect. Friday a part of the program will be tho races between the aeroplanes and tho automooiles and on Saturday Gov ernor Sloan will make a flight with Hamilton. This last event will be the first time a governor of a state or ter ritory in the United btates has made a flight in an aeroplane. AERONAUTS ARRIVE By Associated Press. PHOENIX, February 9. C. F. Wil lard and his mechanicians joined Charles K. Hamilton here today, and their three aeroplanes are ready for ac tion. The city is illuminated, and big crowds aro gathering. Friday there will be a race between Hamilton and an automobile, ten times around the mile race track. It is expected Governor Sloan will ride with Hamilton on Satur day. HALLEY'S COMET IS MERE PLWTHING SATS HUSSY Learned Astronomer Scorns Idea of Danger from Ce lestial Visitor ANN ARBOR, February 9. Prof. W. J. Hussy, astronomer of the University of Michigan, today ridiculed the idea that any danger to lifo might result when the earth passes through tho tail Of Hallcy's comet. "All comets are of the same chemi cal nature," said Professor Hussy. "The earth has passed through comets before and no bad effects havo been felt. Tho comet is 11,000,000 miles away and tho gas fro:n it will not bo sufficient to produco any noticeable af fect. "Thero cannot bo any possible dan ger, even to an insect. You will find fifty times more gas in any chemical laboratory." Ij Emperor William Is Wrathy at Netherlands for De fense Failure THE HAGUE, February 9. The here tofore veiled reports that Emperor .Wil liam had threatened to occupy Holland unless that country was placed in a state of dofenso against a possible de scent of tho English were given a defi nite form in tho first chamber of states general today during a discussion of foreign offico estimates. Baron von Hcckcrcn urgently de manded that steps bo takon to sccuro a guaranty of integrity of Tho Nether lands in event of troublo between Ger many and Great Britain. IMPORTED WOMEN ' ACROSS BORDERS LOS ANGELES, February 9. Nathan Landberg and William Mulvey, merchants of Calcxico, a' town "on tho border of tho Imperial valley, wero found guilt' today in the United States court, of aiding in thoimportation of women. vTwo women, Clara" Pellman and -Fannio Braunn, were .ordered do ported. ' ' BE6I1I1 FLIGHTS 0 ULLHIU price :pira,vvTS PUT SCtrtJ Shows New Way of How ' Laws Can Be Avoided With Impunity WRATH FALLS ON LEGAL SOLICITOR By Connivance School for Foresters Discontinued He Says NEW YORK, February 9.-K3ifford Pinchot, deposed- chief forester, but still loyal to his policies as president of tho National Conservation commission, defended the forest service in a speech ' before tho National Arts club tonight. Pinchot bitterly assailed the action of George McCabe, solicitor of the de partment, who as temporary chief of the forestry bureau, after Pinehot's dis- , missal, took action to abolish collegiate training of foresters at the govern ment's expense. This action Pinchot described as a "Secret attack on the service, prosti tuting tho law, a method so effectively used by special interests against the people at a cruel and needless loss." lie said: "Let me give you. the. oest illustration I have seen in recent years of how a public officer, under pre text of obedience to the law, may traf fic with it and abuse it to public in jury. "Upon my dismissal, the solicitor of the department of agriculture, McCabe, pending the arrival of another officer from the field, was acting- forester for three or four days. It appears he learn ed then that ranger schools were main- " tained in four state universities, and he sent telegrams to the disbursing officers in the field to pay no expense connect-, ed with them. The telegram was kept" secret frm every member of the service in Washington except his stenogra pher. "With equal concealment a letter was prepared and sent to the comptrol ler asking speedy advance of a deci sion on tho legality of tho Tanger schools. Tho letter was clearly intend ed and so framed to secure a decision against the schools, and was successful in doing so. "Tho letter was a misrepresentation because it omits to state central, essen tial and incontrovertible facts: "First, tho forest service must have trained rangers. "Second, it can get them only by training them after they enter the ser- ' vice. J, "It follows that the training of -rangers by tho servico is necessarily and elearh; undeniably for the administra tion, protection and improvement of natural forests. Being necessary to that purpose, it falls well within the terms of the agricultural bill and is therefore lawful. "Consider now the situation under which tho decision of the comptroller was obtained. The solicitor of the de partment of agriculture is an officer charged with promoting tho welfare of the department on the bureau's legal side. As both solicitor and acting for ester he was in honor and duty bound to forward the work of the forest ser vico by every lawful means at his com mand. By his official position, ho was counsel advocate. Yet he made no at tempt to assist the servico iu this mat ter. "On tho contrary, ho led a secret at tack upon it and used anxious and sue, cessful care that no attempt to defend its courso bo mado by any other man. Men in the forest service were first in formed that tho legality of their work was in question only after an adverse judgment had been raudered without giving them any hearing whatsoever. "I am not concerned with the motive behind this indefensiblo sacrifico of the public welfare. It is a typical illus tration of a certain way to obey tho law. 'It would bo hard to find a better or' more bitter illustration of tho uso of tho law as a cover for not doingjvbat a public ofiicer has a right to do, and what tho public interest demands ho -shall do." ANOTHER ACTION AGAINST PACKERS PITTSBURG, February 9. Informa tion of an alleged coalition of Pittsburg packers was placed in tho hands of United States Attorney Jordan today, who says it "looks like a mighty good case." ' . : According to Jordan, tho information charges that the members of the" com- 1 A i. -.. ,-.! J. ! !AArajl. OFFICIAL uinauon meet onto a- wccn iu jituv y( ui I'uwv uuu w j tuiujii . wj week. - i ;y --rv '?, S V ,A V r f ' &, f - T I', ' . y.