The Madison daily leader. [volume], May 18, 1909, Image 1

About The Madison daily leader. [volume] (Madison, S.D.) 1890-current

Image provided by: South Dakota State Historical Society – State Archives

                
CAPTAIN HAiNS
GOESTOfRISON
flets Sentence of From Eight
to Sixteen Years.
NEW TRIAL IS DENIED
Justice Garretson Overrules Motion of
Army Officer's Attorneys on AH
Points Prisoner Seems Dazed
When Called Before the Bar and
Has Difficulty in Understanding
Questions Asked Him.
Flushing, N. Y., "May 18.—Captain
Peter C. Hains, Jr., U. 8. A., who was
convicted of manslaughter in the first
#fi ree fir the killing of William E.
Ann is at the Uayside Yacht club last
August, was sentenced by Justice Gar
ret son in the supreme court to an in
determinate sentence of not lets than
eight years nor more than bixtoen
years at hard labor in state's prison.
John F. Mclntyre, counsel for the de
fer
riant, made the usual motion for a
ji*w trial on the pround that the ver
idtct was against the weight of evi
dence and also contrary to law. Jus
tice Garretson denied these motions.
Mr.
Mclntyre then raised the point of
Jurisdiction of the supreme court over
tkc defendant, contending that he had
•«rver been r» leased from the jurisdic
tion of the federal government and
therefore the case was not properly
fcefore the court. Mr. Mclntyre also
Stated that Dr. Brush, who had been
4b expert witness for the defense, had
^ftamined Captain Hains since he was
Stmvicted and found him Insane. Jus
tice Garretson said there was no evl
nee to that effect before the court
•lid he declined to consider the mo
tion in regard to jurisdiction. The
JUDGE GARRET80N.
•ourt clerk then Instructed Captain
Bains to come to the bar end pro
feeded to ask him the questions us
ually put to a man about to be sen
tenced. The prisoner seeined dazed
§ii snemed to havo some difficulty in
Understanding the questions. Law
#«rs Mclntyre and Young of the de
fense stood on either side of Captain
Hains and a.3siited him in answering
the questions of the court clerk. In
passing sentence Justice Garretson
•aid that the defendant had had a fair
trial and had bean defended by ex
periecced lawyers. A jury had found
verdict commensurate with the re
I•
uireuier.ts of the hiW. He said that
was not aware that any errors of
law had been committed during the
trial. Referring to the nature of the
case the court said that Captain
Hains had been indicted for murder in
the first degree, the severest crime
•gainst society-, and although there
bad been a great deal of sympathy in
jected into the case the law did not
•How a man to punish another for
wrong he had suffered or to wreak
vengeance on the man who had
Wronged him.
Immediately after sentence the
prisoner's lawyers allied for a stay of
Sentence for a few days in.order to
take an appeal. Justice Garretson
•aid the case would t^ake the usual
course and gave the defense twenty
four hours in which to file an appeal,
ffe than remanded Captain Hains to
the custody of the sheriff.
KEY PRESENTED TO TAF7
Will Be Used in Opening Yukon
Alaska-Pacific Exposition.
Washington, May 1 s.—President
Taft is to open the Yukon-Alaska-Pa
cific exposition at Seattle June 1 with
a splendid gold telegraphic key pre
sented to him by Secretary Bailing
and the congressional delegation fro
Washington. The key Is moimtc* on
Alaska marble and is ornamented
with twenty-two handsome gold nug
gets from Alaska. The key will ht
connected with the White House tele
graph wires and the president v,i!:
touch It on the day of opening, there
by setting in motion the machinery
of tlitt^ exposition. The donor of the
key is George W. Car mack, the orig
lnal discoverer of gold in the Klon
dike. He retained from his Discovery
claim the nuggets which ornament
the polished piece of Alaskan marble
upon which the key is mounted.
ANDREW CARNEGIE IN ROME
Ironmaster Received by King Victoi
Emmanuel.
Ram, May 18.—Andrew Carnegie
Iras received in audience by King Vic
tor Emmanuel. He was presented by
Senator Cappellini of the University
of Bologna, to which Institution his
majesty sent the model of a rare lire
historic animal reoently presented him
by Mr. Carnegie. In the course of his
conversation the king expressed hit
appreciation of this gift and showed
great interest in and knowledge of Mr
Carnegie's beneficences. It was the
intention of the Duke of Aosta also tc
receive Mr. Carnegie, but this was
Impossible owing to the illness of the
duke.
HOW NEWINGLANO
TAXES CORPORATIONS
Unique and Interesting Report
Sent to President Tatt
WWrtilagton, May ti.—A. unique
and interesting report dealing with
the state taxation of manufacturing,
mercantile, transportation and trans
mission corporations was made public
by Herbert Knox Smith, commissioner
of corporations. That part of the re
port transmitted to President Taft
concerns particularly the six New
England states. It Is expected that
additional parts dealing with other
groups of states will be published
later.
A careful Investigation Into the tax
law of each state was made by Com
missioner Smith and the results of
the inquiry are presented in concise
form. The report presents In a pop
ular way a digest of the tax laws and
the methods of their administration
While, in a sense, it is a legal pub
llcation it was prepared rather for tin
general public than for lawyers. It
contains much of information partie
ularly Interesting and important to
legislators and all other students of
taxation.
Commissioner Smith points out
that, while the taxation of individuals
throughout New England Is on sub
stantially the same basis there is a
wide diversity among the several
stiites In both the theory and prae
tlce of the taxation of corporations
He notes as particularly interesting
the Massachusetts plan of taxation ot
"corporate excess" on the market
value of stock less property otherwise
taxed. It Is pointed out, too, that
Massachusetts alone succeeds appre
oiably in efforts to tax specially the
manufacturing and mercantile cor
poratlons.
ABOUT ONE THOUSAND OUT
Number of French Strikers Decreas
ing Daily.
Parte, May 18.—All that now r*
mains of the strike of the postftl em
ployes of the government Is political
agitation on the part of the revolu
tionary proletariat. The leaders of
the strike are now openly affiliated
with these extreme organizations and
they continue to talk loudly of pre
cipitating a general strike. But the
more sagacious realize that the mo
ment Is unpropitious and the general
opinion is that the agitation will not
go further than words.
The total number of strikers in the
country is 1,023. as against 1,593 the
previous day. There have been twen
ty-four additional dismissals from the
service. _____
Five More Turks fcxecuteo.
Constantinople, May 18.—Five more
men were hanged In front of the
buildings of parliament, opposite the
Mosque of St. Hophia, in Stamboul.
They had been found guilty by eourt
mnrtial of complicity in the murder
ot their officers in the revolutionary
outbreak of April 13.
Victim of Yellow Fever.
Guayaquil, Ecuador, May 18.—Dr.
William Wtehtman of the American
marine ho^p'tal service died here of
yellow fever after an illness of five
4«r»-
SPEAKER RULES I
AGAINST OHIOAN
Hollingsworth Not Allowed
to Answer Attacks.
SOUTHERN PRESS BITTER
Number of Editorials Read Accusing
Member of Congress of "Wavinc
the Bloody 8hirt" and Containing
Numerous Uncomplimentary Char
acterizations—Cannon Decides Af
fair Not a Question of Privilege.
Washington, May 18.—"An ass oi
the first magnitude "perhaps one oi
Sherman's bums, who robbed defense
less men and women "contemptible
little whelp "a political nonentity
from Ohio "a pale faced luminary
a pusillanimous pigmy from Ohio."
These were some of the character
•rations of Mr. Hollingsworth of Ohio
in editorials which he had read in the
house of representatives as the basie
of a question of privilege affecting his
resolution recently offered protesting
against the portrait of Jefferson Davit
on the silver service to be presentee
to the battleship Mississippi. Thest
editorials accused him of "waving
the bloody shirt" and appeared in th
Daily Clarion Ledger of Jackson
Miss., April 30 the Southern Sen
tlnel, Ripley, Miss., May 6 th«
Shreveport Caucasian, Shreveport,
La., May 4, and one other paper, name
not given.
The reading of the editorials caused
a commotion and at times moved the
members to great laughter.
Speaker Called on to Decide.
Finally Messrs. Bartlett of Georgia
and Fitzgerald of New York objected
to further "lumbering up the records''
and demanded that the speaker rale
•n the question of privilege.
In an elaborate opinion Speaker
Cannon held that Mr. Hollingsworth
had not been attacked in his repre
sentative capacity and be was not
permitted to proceed further.
Later Mr. Hollingsworth sought
unanimous consent first to print a
speech on the subject or else to ad
dr«es the house for thirty minutes.
Mr. Harrison of New York object
ed, whereupon Mr. Hollingsworth
wanted to tell him why the objection
was made.
'The chair cannot tell," said the
speaker suavely, "what moved the
gentleman to object, because he is not
a mind reader." This sally convulsed
the house with laughter.
Interest in the proceedings was
heightened by the fact that Mr. Har
rison's father. Burton Harrison, was
secretary to JefTerson Davis during
four years of the war.
QUORUM IS ON HAND EARLY
Senate Session Begins at TlWt in the
Morning.
Washington, May 18.—Fifty-seven
senators answered to their name^
when the senate met at 10 o'clock,
relieving doubt as to the ability of
that body obtain a quorum early in
the day to consider the tariff bill.
"I am not a protectionist in spots,"
said Mr. Sutherland of Utah In be
ginning an address in support of the
tariff bill as reported by the finance
committee and in opposition to the
addition of an Income tax provision.
Any effort, he said, to Impose taxes
upon objects that states tax is bound
to result in confusion or double tax
ation. Taking that view he regarded
the Income tax as not a proper means
for raising revenue for the general
government.
Mr. Sutherland discussed various
questions relating to what he claims
were the unconstitutional features of
the income tax and was at times in
terrupted by Senators Bailey, Borah
Cummins, Owen and Ileyburn.
BECAUSE OF POOR HEALTH
Civil Service Commissioner Williams
Resigns.
Washington, May 18.—James T.
Williams, Jr., tendered to President
Taft his resignation as a civil service
commissioner. Mr. Williams was ap
pointed only a few weeks ago and is
leaving the service because of im
paired health. He will take up his
residence at Fort Bayard, N. M.,
where he hopes to be benefitted by
the climate. Mr. Williams was for
merly a newspaper man In this city.
During the campaign he served first
as secretary to Chairman Hitchcock
and later represented the national Re
publican committee on the long cam
£aign tour made by Mr. Taft.
Result
or
Family quarrel,
M. txrnls, May 18.—August Peee, a
Jeweler, killed his wife after he had
been fatally wounded by his son. The
tragedy took place in the Poos home
over hi* store and followed a family
luarrel.
MADISON. SOUTH DAKOTA* TUESDAY, MAY 18, 1909
SWINBURNE ON RETIRED USl|^
Admiral 8ebree Assumes Command
of
Pacific Fleet.
Ban Francisco, May 18.—Rear Ad
miral W. T. Swinburne, commandit e
the Pacific fleet, hauled flown his
flu
on the cruiser West Virginia, havit
reached the age of retirement, an I
Rear Admiral Uriel Sebree, comma'
der of the Second division of the fiei :,
took command of the whole, raisii
ADMIRAL 8W IN BURNS.
his flag on the cruiser Tennessee,
which will hereafter be the flagship.
The cruisers Tennessee, Washington]
and California sailed for Seattle to
take part in the naval review at the
opening of the Alaska-Yukon exposi
tion and the other three Cruisers
will
follow about May 21.
LACK FOOD, SHELTER
__ ANDME01GALAID
Pitiable Conditions in Armenian!
Refugee Camps.
Merslna, Asiatic Turkey, May 18
Captain William A. Marshall, con.
munding the American armor
cruiser North Carolina, in
tins-
port, has been investigating cor
tlona. He had a conference with I
governor of Adana province. As
result full protection has been prom
ised American Interests at Adana and
guards are patrolling the Americ u
property there and elsewhere.
The conditions in the refugee can i
are pitiable. Many thousands ot un
fortunates are huddled together and
lack food, shelter and medical aid
The authorities are making efforts to
Improve the situation and send th
refugees back to their farms. Many
Armenians are quartered at the Am«r
lean missions and most of them
clino to leave because of their lack ot
confidence in the protection ofTered
The greatest danger Is from epidemic
In the overcrowded camps and mis
sioiiB. Measles and typhoid fever al
ready exist. It is urgently necessary
that the refugees disperse as soon a."
possible. Many contributions art'
greatly needed. Captain Marshall is
sending a medical relief party up to
Adana.
Boys' Knee Pants Suits
In the newest Spring
Styles up to $6.50 values
ip
The North Carolina will remain
here for the present.
CRIME TO DRINK INTOXICANTS
Drastic Law Goes Inte Cffect In
Kansas.
Topeka, Kan., May 18.—From now
on it is a crime to drink Intoxicating
liquor even from your own bottle in
the statf of Kansas. The law, which
la said to be the most drastic in ex
istence, was passed by the last legi
lature in endeavor to supplement
the prohibition law, violations of
Which have been notorious.
Until a year or two ago "Joints"
were openly conducted In Topeka.
Leavenworth, Wichita, Kansas City.
Kan., and other of the larger cities of
the state under a system of municipal
fines. These have all been closed.
Aeeustd of Forming Truet.
Lexington, Ky., May 18.—Common
wealth's Attorney Connor of Mount
Stirling has sued the Blue Grass Seed
company and six citizens of this a^c
tlon for $5,000 each and oosts, charg
ing them with forming a trust to con
trol the price and sale of Kentucky
blue grass seed in violation of the
state anti-trust law. The men named
in the suit have the largest plant is
the country.
Brandenburg Remanded to Jail.
New York, May 18.—Broughten
Brandenburg, the writer, who was
brought back from San Francisoo Sun
day, was arraigned in police court
charged with larceny In having sold
to the New York Times an article pur
porting to have been prepared by
Orover Cleveland. Brandenburg waft
committed to the Tombs prison to
await trial, the date of which wu not
fixed.
$4.75
SPECIAL
Blue Serge included.
CK,
Miss Grinager
Fashionable Milliner
My new Spring Stock
has arrived and I will
be pleased to have the
ladies call aad m
sped it. .*
MISS GRINAGER
THOMPSON & LEE,
Practical Electricians
—Keep on Hand—
Electrical Supplies
Wiring and other Elec
trical Work Done on short
Notice:
SHOP IN IREIAND BUILDING
Foley's Honey and Tar is a safeguard
against aerioue reeults frooi spring oolds
which inflame the lungs and develop
into pneumonia. Avoid co nterfcits by i
insisting upon having the genuine Fol-J
ley's Honey and Tar, which contains no'
hsrmful.drui*.—J. H. Andereo.
ROYAL SPECIAL
Owing to the extremely unseasonable
weather we are forced to make some
sacrifice on our Spring Stock regard
less of profits. This offer is
Hat
Shirt
Suspenders
Tic
FOR CASH ONLY
MAY 15 to
MAY 22,
Royal Special No. 1
With any Mans Suit in the Store
at SI2.50 and upward we will
present you ABSOLUTELY FREE,
$5 worth of furnishings consisting
of the following:
50c and 75c Knee
Pants, broken sizes
Special
JOS.HLNKIN, Prop
INCLUSIVE
Royal Special No. 2
With any Young Man's Suit in the
Store at $7.50 and upward we
will present you ABSOLUTELY fREt
$3.00 worth of furnishings con
sisting of the following:
Ling
oi i
3
$3.00
1.00
.50
.50
$$.00
Total
You can sdert the above furnishings from our entire stock. Cost you
EXTRA SPECIAL!
38c
Hat
Shift
Tie
Suspenders
Handkerchief
$
Total
LOOK AT THESE
C0LAPSAB1E BABY CARTS
nothing
50 Pair Men's Shoes,
broken sizes, up to $5
values, to close out at
$2.85
The best on the market
They must be seen to
be appreciated.
We have an elegant
fine of
Rug«,
Art Squares,
Lace Curtains
Handsome Leather
Upholstered Rockery
See My Line and Get Prices
GEO. BECK
MADISON CEMENT CO.
I
J. S. Thompson & Son, Prop.
Sidewalk Workers and
all Kinds of Cement Work
Phone Red-450
sad heal)
A AJ#
1
£)R. O. ESTREM,
-f
-3fi
m:
Pkysidn and SMfna
OmCEPMONf 293
HOUSE PtlONC. cms 439
Office ever The Ki'Slere MAMMN, S.
D& a P. gulstinis
un .:
.DBmsr*
L.4 Yf
JYf-
'OP*
mmm
Offta mm IteMt Stat fMNN* 1
.v J] 1.
4c( as hi -Z* -si