Indianapolis Journal, Volume 53, Number 72, Indianapolis, Marion County, 13 March 1903 — Page 1

INDIANAPOLIS JOUKNAI WEEKLY ESTABLISHED 1S23. 1 DAILY ESTABLISHED ISiO. VOL, I.III NO. 72. INDIANAPOLIS, FRIDAY MORNING, MARCH 13, 1903 TEN PAGES. PRICE 2 CENTS. ON RAILWAY TKAIN8. FIVE CENTS.

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INDIANA DID VELL

BUSINESS OF POSTOFFICE 3IATKRIALLY INCREASED LAST YEAR. Many Ner Clerks Allovred In the An nafll Readjustment of Salaries and Working Forces. INDIANAPOLIS CHIEF GAINER TWE.TTY ADDITIONAL CLERKS OF SirC-lILNDIlED-DOLLAU GRADE. XInety-Tvo of the Present Force Granted Increases of flOO a, Year and Others from 200 to $100. NO ENLARGED NORTH FRONT SCIIE3IE OF AIICIIITECTS FOR TIIE INDIANAPOLIS BUILDING. ' l Increased Appropriation to Be Spent In Beautifying: the Ground, not the Structure Proper. Epecial to the Indianapolis Journal. WASHINGTON. March 12.-In the annual readjustment, of the salaries of postoffice clerks Indiana shares well In the additional appointments and Increases granted. Twenty additional clerks of the $G00 grade are allowed the Indianapolis postoffice. An increase of $100 a year is given each of ninety-two clerks now employed in the office. The salaries of two clerks are increased from $100 to $S00, one from $1,600 to $1.500, two from $l,S0O to $2,000, and one from $2,200 to $2,400. The appointments and promotions made in other Indiana postoffices are as follows: Alexandria Two clerks Increased $100 each and one $2(0. Anderson Additional clerk and Increase cf l"0 for ten clerks. Attica Increase of $100 for seven clerks. Auburn One clerk Increased $100. Bloomington Salary of clerk Increased $200 and one $100. Brazil Two increased $100. Elkhart Two increased $100. . Klwood Two increased $100. J . Fort Wayne Two additional clerks and Cine increased $100. Frankfort One Increased $200. Goshen Three increased $100. Hammond Four increased $100. Hartford City Three increased $100. Huntington Five increased $100. Jeff ersonvllle Two Increased $100. Kendall ville One additional clerk, one Increased $100 and one $200. Martinsville One Increased $100 and two $200. Michigan City Two increased $100. Mlshawaka Two Increased $100 and one $20). Mount Vernon On Increased $200 and two $1U0. Notre Dame Two increased $100. Plymouth One additional clerk and ene Increased $100. Portland Two increased $100. Richmond Two Increased $100. Rushvlllc Additional clerk and two InCreased $100. Shelbyville One Increased $200. Valparaiso Two increased $100. Vincennes One increased $100 and two 2no. Wabash Two Increased $100. Warsaw and Winchester two each Increased $100, and in the postoffices at Kokomo, Laporte, Lebanon, Logansport and Washington one clerk each Increased $100. The changes at all the offices in the country will take place on July 1, the beginning of the new fiscal yew. There are some thousands of clerks promoted and a large number of additional clerks are allowed to many of the offices. The changes as announced to-day involve approximately II.500.OCO in Increases of salaries, and actfon lias not yet been taken as to a number of large offices, such as New York, Chicago, Ban Francisco and Cincinnati. Boston gets seventy-five additional clerks and 700 clerks there get Increased salaries. At Philadelphia fifty additional clerks and 00 Increases in salaries are authorized. The Postofflce Department to-day announced sixty fourth-class postoffices which will be advanced to the pre3ldentlarclass on April 1 next. xxx Among the appointments, made by the President to-day was that of George Robfnson, a dry goods merchant of Evansville, Ind.. to be assistant appraiser of the port of New York. Mr. Robinson has had wide experience in the dry goods line. He was with W. II. Block & Co. for some time after lie opened his store In Indianapolis, and while there married Miss Lillian Stanley, daughter of L. D. 8tanley, of the Associated Press. From Indianapolis Robinson went to Des Moines, la,, where he became acquainted with Hon. Leslie M. Shaw, through whom. It la understood, the appointment was made. For two years Mr. Robinson lias been In the dry goods business at Evansville. xxx It Is stated at the offloe of the supervising architect that the revised plans of the Indianapolis public building will soon be completed by Rankin & Kellogg, it Is understood the architects will not provide an enlarged north front, as desired by the people of the city. They propose that the money out of the Increased appropriation made by Congress allotted for the north front shall be largely expended In landscape gardening and beautifying the plot of ground on the north front. It is well known that.tHey are opposed to an elaborate extertor o.i the north front. The revised plans probably will be exhibited at the cornerstone laying. March 25. While the plans as recently outlined to the supervising architect are tentative, it Is underStood the officials approve the intention of Rankin & Kellogg to beautify the grounds on the north front rather than to expend the money on the building of that end. xxx The Treasury Department will In a few days formally accept the site offered by Theodore F. Rose at the corner of Charles and High streets in Muncle for the proposed public building at that place. The consideration Involved is $15.000, and a warrant for that amount will soon be Issued. The supervising architect to-day received a favorable report on the site from the attorney general. xxx Work on sketch plans for the proposed public buildings at Muncie, Richmond and Logansport will soon be started by the supervising architect. Titles have been secured for sites In these cities. The working plans for these buildings will be completed early in the fall, but building operations will not be Inaugurated for nearly a year. A strong effort is being made by Indiana men here to secure the promotion of Col. Frank M. Denny, of the marine corps. Colonel Denny formerly lived In Indianapolis, and his father. J. C. Denny, was at-f-crcty general of Indiana from 13 until

1SS2. There will soon be a vacancy in the grade of brigadier general In the marine corps, and the officer who gets the promotion will probably be made commandant of the marine barracks In this city, and it is regarded as one of the most desirable assignments in the service. It is understood that Colonel Denny stands an excellent chance of securing this promotion. XXX Indiana postmasters appointed to-day: James D. Armstrong, at Manville, Jefferson county, vice Ida M. Storm, resigned, and Nettie L. Lankford, at Malott Park, Marion county, vice Carl C. Ryan, resigned. xxx The postofflce at Waskom, Jackson county, has been ordered discontinued. Mail will be sent to Brownstown. XXX William Iloshaw has been appointed regular carrier and Daisy Iloshaw substitute on the rural route at , Chalmers, John W. Hllllgoss regular and Annie E, Hllllgoss substitute at Anderson and Walter Williams regular and Fred Saalwachter substitute at Wadesvllle. . xxx Senator Fairbanks probably will address the Friendly Sons of St. Patrick at a banquet to be given at the Union League Club In Philadelphia next Tuesday. The. senator has received an nrgent invitation to be present on this occasion, and If his engagements permit he will accept. "'BSSSSlSBBBISMBfSBSBSBBSSSBSSSSSSBSB'SBBSS CONVICTED A SECOND TIME.

A. E. Batson Found Guilty of Murdering Seren Persons. LAKE CHARLES, La., March 12. The second trial of A. E. Batson, charged with the murder of seven members of the Earl family near Welsh, La., was concluded here this evening, the jury finding the accused guilty as charged. The defense has only reserved two bills of exception, one of which is based on the testimony of Mrs. Maud Earl Ingram, Batson's sister, who declared that the handwriting in the notice found near Ward Earl's house was not her brother's. As she was not an expert, the defense objected to her testimony In this respect. It was on a similar point that the Supreme Court reversed the finding of this court and gave Batson a new trial. Batson took the verdict quietly, but his mother, Mrs. Payne, who sat near her son, seemed almost overcome. She sat rigid for some minutes, and then, with a groan, sank back in her chair. The services of a physician were necessary to restore her. The convicted man was taken toithe parish jail to await sentence. Batson came to this parish from Missouri, where he was employed as a farm hand. CHANGES HIS MIND. Former Mayor Ames Will Return to Slinneapolls to Stand Trial. MANCHESTER. N. H., March 12. Adelbert A. Ames, formerly mayor of Minneapolis, and a fugitive from justice, contrary to the advice of his physician, and, it is believed, without the knowledge of his counsel, decided this afternoon to return to Minneapolis to stand trial. He will leave Saturday morning, by way of Boston and Chicago, and will therefore be out of New Hampshire when the time limit to get bail Is up. He will be accompanied by Mrs. Ames and their child. Ills decision to return was voluntarily made, but it was not announced until his wife's relatives had come forward with sureties enough for his bail of $12,500. BOY SHOOTS HIMSELF. First Asks Ilia Sister on Which Side - -in Heart Is Located. BELLEVILLE, 111., March 12. Remorse and fear over the belief that he had killed a playmate, Laura Walnwrlght, by hitting her with a stone to-day, caused Warren Fleming, nine years old, to shoot himself through the heart after ascertaining from his eleven-year-old sister on which .side his heart was situated. MRS. PAINE NOT FOUND SHE WAS WANTED AS A WITNESS IN TUE BURDICK CASE. Supposed to Have Left Buffalo Others Who Have Been Summoned to Testify at the Inquest. BUFFALO. N. F., March 11-Mrs. Seth T. Paine, one of the witnesses wanted for the Burdick inquest on Saturday, left Buffalo to-night. Whither she went Is not known by the police, but at a late hour tonight it was said positively by a police officer that she was gone. A detective was looking for her with a summons to appear before Judge Murphy, who will conduct the Burdick Inquest on Saturday. When he called at the Paine house to-night he was Informed that Mrs. Paine was not at home. He was not satisfied with this reply and entered the house. After leaving the Paine home ha went at once to the New York Central Railroad Station. He was told by the ticket agent there that a woman closely answering Mrs. Palne's description had bought a ticket. He did not remember for what place, but he thought it was for Batavia. Mrs. Palne's husband Is a dentist and practices in Batavia. A list of persons to be subpoenaed to the Burdick Inquest was made up to-day, and some of the subpoenaes were served tonight. Among those who will be called are Mrs. Burdick, Mrs. Hull, the servants, Maggie Murray and Katie Koenig.and Dr. Marcy. Edwin L. Burdlck's will, which Is to be offered for probate to-morrow, cuts off Mrs. Burdick and bequeaths the estate share and share alike to the three children. D. M. Dunston. A. B. Kellogg and George C. Miller are named as executors. A clause In the will naming the three executors and guardians for the children will likely be contested on the ground. that the appointment is void because Mrs. Burdick is alive. Burdlck's estate is worth $S0,000. consisting of 135.000 in property, real and personal, and $25,000 in life insurance. Since she is cut off in the will Mrs. Burdick will get only one-third of the real estate and none of the personal property. BUFFALO'S DEAD COUPLE. Permits Issued for Removal of the Bodies of the Pennella. BUFFALO. N. Y.. March 12.-The bodies of Arthur R. Pennell and his wife, who were killed on Tuesday night when a runr away automobile plunged into the Gehrces quarry with them, were taken from the undertaking rooms to the Cleveland-avenue home to-night. After funeral services tomorrow the bodies will be taken to Mr. Pennell's former home near Brunswick. Me., for burial. Numerous telegrams' of sympathy were received at the Pennell home to-day from classmates of Pennell in Yale. Simon Fleischman. chairman of the Erie County Bar Association, to-day appointed a committee to represent the association at the funeral. The committee includes County Judge Edward H. Emery, Surrogate Louis W. Marcus and former District Attorney Penney. The necessary permits for the removal of the bodies outside the State were Issued to-day by Medical Examiner Danzer. One permit shows that Arthur R. Pennell was thirty-eight years old. born on the Pacific ocean, son of John D. Pennell and Abbie Pennell (nee Reed), of Brunswick, Me.; death caused by a crushed skull. The second permit shows that Carrie L. Pennell was thirty-nine years old, born at Norwich, Conn., lived in Buffalo twelve years and was a daughter of Wlnslow M. Lamb, of Lima, N. Y.

THEY HAD TO SHOW HIM. SENATOR VEST. OF MISSOURI. RETIRES AFTER TWENTY-FOUR YEARS OF SERVICE.

- i r-TT " 7f S f S s r S

; wUCONAE: OHIO RIVER FALLING BUT THE MISSISSIPPI CONTINUES TO niSE AT DANGEROUS RATE. Flood Situation at Evansville Improving;, bat Still Bad at Shawneetonn and Belovr. EAST MOUNT CABHEL COVERED WABASH FLOWING THREE TO FIFTEEN FEET DEEP IN STREETS. CarnthersTllle Surrounded by WaterConditions at Memphis, New Orleans and Elsewhere. Spsclal to the Indianapolis Journal. EVANSVILLE, Ind., March 12.-The river this evening was 42.1 and falling slowly. The weather is clear. Much water above is coming this way and there Is & prospect of another rise of some two feet before another week. The Cairo observer says there will be but slight change here during the next two days. All the streams along the river in this section are still full and their condition prevents a rapid fall above, while it accelerates the rise below. As far as can be learned here to-night there is little relief In' the situation between here and Vincennes. The rivers are still out of their banks and fields are covered with water. The situation In the sections above Is said to be no worse than for several days past. The lowlands above and below are still submerged, but the greatest danger now Is to the winter wheat, which may be washed away. While the situation here has improved, it Is growing worse down the river.. Passengers arriving on boats say the Ohio at many places between here and Cairo resembles a lake. At one point the river Is thirty-five miles wide. The losses to farmers will be ' enormous, and there will be much sickness when the flood subsides. Advices from Princeton, Ind.. say the White, Patoka and Wabash rivers will all be stationary by Sunday, If there are no further rain. All the lowlands are entirely submerged. The town of East Mount Carmel has not an inhabitant, the water being from three to fifteen feet deep In its streets. Thousands of acres of growing wheat will be lost. With the river stationary at some points and falling at others the people of Shawneetown. 111., have become reconciled to the general situation and have for the present abandoned the Idea of cutting the levee and allowing the town to become flooded. They are on their guard, however, and prepared for the worst. Since the disaster there a few years ago, when the levee broke and a large number of people were drowned, the government has enlarged and strengthened the levee, yet as the water crept up gradually the citizens of the place took alarm and a meeting was called early In the week at which the question of cutting the levee was discussed. Had the situation continued to look ominous the chances are that, the levee would have been cut. Were the levee opened at this time the town would be flooded at its highest places to a depth of from two to four feet. By letting the water in at the present stage the town could be flooded without danger of wrecking and sweeping away buildings, as was the case at the time the former levee broke. Traveling men from Shawneetown report that business is at a standstill. Many merchants have carried their stocks to the hillsides beyond the town, while others have removed their stocks to second and third storiec of their stores. People living in two-story houses in most cases have removed all their effects to the upper floors and have laid in quantities of coal and other fuel so they would not be caught short for warming and cooking purposes. Most of those living In cottages have moved to the hills and are living in tents and improvised homes. There is more or less suffering and the people are absorbed with the work of preparing for safety rather than turning their thoughts to business. Stationary at Cincinnati. CINCINNATI. March 12.-A11 fear of a disastrous flood here is dispelled to-day. The river has been stationary since 6 a. m. at 49.5 feet. It is expected, however, that a further slight rise will come, not exceeding nfty-two feet, by Saturday, and that a fall will begin on Sunday. Still RUInff at Padacah. PADUCAII, Ky.. March 12. The river toxxUht mark tsj fet and Ja rhlaj slowly.

fr The indications to-night are that the crest of the rise will reach here Saturday night at forty-eight feet. MISSISSIPPI RIVER. CONDITIONS. Over CS Feet Expected at Memphis Caruthersville Surrounded. MEMPHIS. Tenn., March 12. There is little change In the river situation' to-night, and, although the rise to-day has been slight, the situation Is considered grave, and the stage of more than thirty-eight feet is still expected. The gauge to-night shows 35.S and rising, an advance of twotenths since midnight last night. Private dispatches from Caruthersville say the situation there Is practically unchanged, and that the embankments will hold a stage of three feet greater than at present. The levee, two miles south of Caruthersville is caving badly and the greatest danger is looked for at this point. The country" for fifty miles around Caruthersville is flooded and railway traffic has been suspended. Another weak spot in the levee system apparent now is at Vancluse, Ark., near Greenville, Miss. A "sand boil" appeared there just back of the levee Tuesday between the horns of a bend in the river west of Lake Chicot. The "boil" was. promptly suppressed, but Its ' appearance indicated an underground fissure that may prove dangerous. Captain Lucas left here to-day for Helena, Ark., to personally investigate conditions in the White river district. Supplles and men were also sent there to (CONTINUED ON PAGE 2, CÖlTIL) SLEW SEVEN AND SELF TERRIBLE CRIME OF A FARMER LIVING XEAR DELLEFOXTAIXE, 31 0. Killed nil Wife and Six Children Tf Ith a, Sledare Hammer and Mortally Wounded Himself In the Head. ST. LOUIS, March 12. Adolph Krauss, a farmer living near Bellefontalne, last night killed his wife and six children with a sledge hammer. He then knocked himself unconscious with the hammer and at midnight was dying. It is believed that Krauss suddenly became insane. He had the reputation among his neighbors of being a quiet, inoffensive, industrious farmer, and no other cause but insanity has been asSigned. Early last night John Krauss, a brother, went to Adolph's house. The lights were out but the door was unlocked and this aroused his suspicions. He entered the house and upon striking a light found that there had been a tragedy. From all that can be learned Adolph Krauss entered the house some time yesterday afternoon armed with a sledge hammer. Without warning he struck his wife on the head, killing her instantly. Then seizing his first child, twelve years old, dealt another murderous blow. The other five children were killed similarly, the youngest, a six months' old babe. Kraus then placed the seven bodies side by side on the floor in one room, seized the hammer and dealt himself a blow on the head. He fell unconscious almost In line with his victims. When John Krauss had j discovered the tradegy tonight he Immediately summoned the police. The bodies were taken in charge by an undertaker, but the coroner decided not to move Krauss, who apparently would be dead by morning. , "CLOVER N00K" SOLD. Home of the Late Alice and Phoebe Carey to Be n Blind Asylnm. CINCINNATI. March 12.-"Clover Nook." the home of Alice and Phoebe Carey, sifters, whose poems are widely known throughout the literary world, has passed out of the hands of their heirs and will become a home for the blind, under the management of the Trader sisters, of Avondale. These sisters, one.of whom is blind, have been active in providing a library for the blind, and had expressed a wish to obtain the Carey homestead for a home for the blind. William A. Proctor, a wealthy citizen, purchased It and placed It at their disposal. The homestead has an Ideal location near College hill and comprises twenty-six acres. BLOODY FIGHT IN FLORIDA. Eight Men Killed and Many Wonnded at Turpentine Camps. NORWALK. Fla.. March 12. Assessor Bullard. of McMeekln, who arrived at this place to-day, reports a desperate encounter between the hands of rival terpentine camps near Orange Springs, in which eight men were killed and a large number wounded. A contention arose about a matter of little Importance between some of the negro laborers of Megg's camp and those of Law's camp. This aroued the fury of the entire crowd and precipitated a flght which ended in a general flght. The place is not accessible by wire and further details cannot be obtained to-nlht "

TALK ABOUT

MILITIA

FREQUENT ALLUSIONS TO IT IN CONTEMPT PROCEEDINGS. Statements to the Effect that D. A. Sachs, of Louisville, la a State's Rights Exponent. WATTS'S AND SACHS'S BROTHERS THEY TESTIFY IN FEDERAL COURT IN DEFENDANTS' BEHALF. Three Drinks Each at a Conference In a Cafe More New Albany ' Witnesses Subpoenaed. The difference between a cafe and saloon was one of the questions that seemed to be at issue for a time in the contempt proceedings between W. W. Watts and D. A. Sachs, Louisville, attorney, in the United States Court yesterday. It appears from the evidence that there is a cafe or saloon In New Albany that Is a popular resort. It was here that Judge Utz, of the Floyd Circuit Court, and the defendants in the case met occasionally. Another feature of yesterday's proceedings related to a conversation in regard to calling out the state militia to protect the rights of the State as against the authority of the Federal Court. A smile went over the faces of some of the auditors when it was related how D. A. Sachs talked -of the militia and of "State's rights." Early In the session yesterday morning the judges who came up from Louisville to testify as to the good character of the defendants were heard. In this connection District Attorney Keallng explained that no charges had been made against the characterof the defendants. The Louisville party included Judges , Sterling S. Toney, Shackelford Miller, Emmett Field, Thomas Gordon and Upton Muir, of the Circuit Court, and George W. Du Relle, former Judge of the Court of Appeals. After this testimony D. A. Sachs was put on the stand and was kept there all morning. He testified that he had nothing to do with causing the appointment of Mr. Kelso as receiver. He said his advice to Judge Utz not to Interfere with the receiver appointed in the United States Court was answered by the Judge with the declaration that he had a good sheriff and a good posse and was determined to regain possession of the property of the M. Zier concern. He declared that he all along advised that the property should not be taken from the federal or bankruptcy receiver. He thought that further steps in the matter should be taken through the medium of an intervening' petition in the Federal Court. He explained that he signed a petition asking that the New Albany Trust Company be removed as receiver, under the Impression that it was to be used as an Intervening petition in the United States Court. It is considered that the petition alluded to was responsible for the steps taken later that led to the appointment of Kelso, who is now in Jail for contempt of court as receiver. DEFENDANT'S BROTHER TESTIFIES. At the opening of the afternoon session John Richard Watts, a brother of the defendant, V. W. "Watts, was put on the stand to testify in his brother's behalf. He recalled an occasion on Feb. 23. when he asked D. A. Sachs and Charles Kelso whether or not his brother had ever done anything toward getting this property In the hands of the state court and away from the federal receiver. He said they replied that his brother had not. He put the same question to Judge Utz, he said, and the latter gave the same reply. Witness said he asked Kelso and Sachs to give an affidavit to this effect. Witness told of a time when they were talking of the contempt proceedings, when Judge Utz said he had some money in court that would pay the expenses In the case. Kelso said he would have to have a lawyer, and said he would telephone Ferdinand Winter. Judge Utz asked: "Is he a Republican or Democrat?" Kelso replied: 'That doesn't matter, he was in the water-works case with Noble Butler." Utz said: "Oh. if that's the case he's the man we want to get. Go and telephone him." District Atterney Keallng pressed the witness closely In cross-examination, as there were a number of details he could not remember. He said he knew very little about the case because he and his brother, although law partners, carried on their business separately. The witness was inclined to do a good deal of explaining, but the district attorney objected, and Judge Anderson said he did not care to take all day to listen to explanations. Tht witness spoke of his brother coming to Indianapolis to see Judge Anderson regarding the conflict of receivers. . understood,"

said he, "that he had come home from Indianapolis sick and humiliated, and had gone to bed." Maurice A. Sachs, a brother of the defendant Sachs, was next called to the witness stand. He said he advised his brother and the others against whom the charge of contempt of court was placed to return the property and face Judge Anderson; that he was the right kind of a man and would be fair with them. "You know now that they didn't do it, do you not?" remarked Judge Anderson. "Yes," said the witness. Joseph Sachs, another brother, was put on. the stand to testify for the defendants. He and his brothers have jl law partnership. This witness told of going over to New Albany to see Judge Utz about a matter in connection with some work that M. Zier & Co. had undertaken to perform for one of his clients. He found W. W. Watts. D. A. Sachs, Charles Kelso and Judge Utz in the latter's private oCice. He Invited them all out to "take a drink." Utz said he would go, and Watts was willing. D. A. Sachs and Kelso declined the invitation. Witness admitted that there was some talk on that occasion about the removal ol the New Albany Trust Company as receiver of M. Zier & Co. and the appointment of Kelso. Witness remembered that Judge Utz Instructed Kelso to go to his office and prepare an order removing the New Albany Trust Company as receiver. Witness said he and Judge Utz and Watts then went to a cafe or saloon and sat down. The Judge remained until a little after 5 o'clock, and then Colonel Jewett came in. While the Judge was there the witness said the question of the contempt proceedings came up. Judge Utz, the witness said, thought that D. A. Sachs and Watts should not come to Indianapolis. THREE DRINKS IN A CAFE. Being cross-examined by Mr. Keallng, the witness admitted that his brother and Watts hesitated about coming to Indianapolis. Judge Utz, he said, remarked that ho had some money In court that could be used in paying the expenses of the contempt proceedings. Witness admitted to Attorney Keallng that the whole thing struck him as "peculiar." At one point in the cross-examination the witness asked the court to protect him from the rather emphatic manner in which the district attorney was pushing the examination. To the best of the witness's recollection he and his friends took three drinks apiece in the cafe on the afternoon alluded to. The government next called Judge Utz to the stand to give evidence in rebuttal. He was asked what D. A. Sachs said about the state militia. He said that Sachs asked him how one would go about it to call out the militia. Witness asked him why he wanted to know and he replied: "When I go Into anything, you know I go to the end." Witness said he had on numerous occasions heard Sachs say he was a great State's rights man. He said this In connection with his remark about calling out the militia. D. A. Sachs had previously denied that he asked Judge Utz about the status of the militia. The presumption is that if Sachs talked of the mllltla and did so seriously It was with the Idea that the mllltla might be used to back up the state court in a clash with the receiver appointed by the Federal Court to take charge of the affairs of M. Zler & Co. The witness said he did not think he said he had money In court that could be used to pay the expense of contempt proceedings. However, there was something said along that line. The witness was asked If he advised Watts and Sachs not to come to Indianapolis in response to the charges of contempt. Witness said he did not think he said that "If I said anything I may have said it might be best not to come at this time," he explained. The government next called Charles Kelso, wrho corroborated Judge Utz's testimony in regard to the miMtia incident. The taking of evidence in the case will be completed this morning and Judge Anderson will hear argument. He said yesterday evening that he did not care to hear from the government as to the law in the case, but as to the facts he desires to hear from both sides. The district attorney has summoned several witnesses from New Albany, who will testify to-day. They are Fred Ruoff, watchman at Zler's establishment, William F. Ruoff and Edgar Martin, deputy clerk, and Bertha L. Scott, Charles Kelso's stenographer. Fred Ruoff, the watchman, was recently released from Jail, where he was sent for contempt of court. His being called as a witness is the result of D. A. Sachs's assertion on the stand that he did not visit the Zler plant after Kelso became receiver.. JUSTICE W. R. DAY IS ILL

NEW MEMBER OF THE SUPREME COURT HAS PNEUMONIA, Ills Friends Apprehensive that He Will Not Be Able to Stand a. Severe Attack of the Disease. WASHINGTON, March 12. Associate Justice William R. Day, of the United States Supreme Court, Is ill with pneumonia. A member of the family stated to-day that the Jurist was suffering from the grip, but after a visit to-night Dr. B. L. Hardip, the attending physician, made the following statement: "Judge Day has a moderately severe attack of pneumonia. He is comfortable to-night, and his symptoms at present do not occasion alarm. Dr. Osier, of Johns Hopkins University, will see him In consultation to-morrow morning." The friends of Judge Day are apprehensive concerning his condition. His temperature to-day rose to the neighborhood of 105. He Is a man of frail appearance, and it is feared may be unable to withstand a severe attack of illness, though hopes are entertained that his excellent habits and the careful nursing and medical attention he Is receiving will enable him to pull through. Never a man of strong appearance, it was remarked when he came here to take his place on the bench of the Supreme Court that he seemed to be very much thinner than when In Washington as secretary of state. Two sons with Mrs. Day are in constant attendance upon the patient and two other sons, one at the University of Michigan and the other at school in Ashevllle, N. C, are being" kept advised as to their father's Illness. Justice Day was suffering from a slight cold when he left Canton for this city to take the oath as a member of the Supreme Court. The bad weather of the past week aggravated this cold. Admiral Dewey was among the many friends who called to-day to Inquire about Justice Day's condition. Oyd Jtlon of Berlah AVllklr - NEW YORK. March 12.-The condition of Beriah Wllkins, owner of the Washington Post, who has been critically 111 with paralysis since Tuesday at the Waldorf-Astoria, is reported to be Improving. A member of the family to-night said he was much better, and had regained his power of speech, which had been interrupted for a time. On account of the complication of kidney trouble from which Mr. Wilkins has suffered for several years his condition is still very grave, and further complications may develop. TRAFFIC IN FEMALES. Yonnff Girls Brought from Japan and Farmed Ont for Immoral purposes. SEATTLE, Wash., March 12. Investigation on the part of the customs officials Into the slave traffic in young girls brought from Japan Into the United States and sold to men who farm them out for immoral purposes has revealed a deplorable state of affairs and to a much greater extent than was ever before anticipated. The Japanese consuls at Seattle, Vancouver and other cities in this district will lend their aid in breaking, up the business and their influence to have every person deported for connection with the traffic punished on their arrival In Japan. Assurances have been given that the Japanese government will be disposed to take the matter up and enforce the laws, which provide a severe punishsaent for such acts of misconduct.

TO BE ARRESTED

PURDUE FIIESIIMEN INVOLVED IN WEDNESDAY NIGHT'S RIOT. Summonses Will Be Issued for Every Class Mcuber, and All Who Cannot Prove Alibis Will Be Fined. DAMAGE TO COLUMBIAN HALL THE SUSI OF 400 MUST BE PAID ON THIS ACCOUNT. AgKregate of Fines, Costs and Dom brm Will De a Heavy Drain on the Under Classmen's Pocketbooki. OTHER PROSECUTIONS PENDING CONSPIRACY TO COMMIT FELONY" MAY YET BE CHARGED. Unruly Scenes In ChapelRivers Barred from Franklin Baseball TeamOther News of Colleges. Special to the Indianapolis Journal. LAFAYETTE. Ind., March 11-As a re-, suit of the serious clash of Purdue fresh- 1 men and the city police and firemen last night Prosecuting Attorney Randolph late this afternoon filed an affidavit against th entire freshman class, giving an the names and charging the members individually with participating in a riot. This sudden action on the part of the authorities has created consternation among the students. All day to-day Prosecutor Randolph, Superintendent Harrisson and President Stone have been in consultation and the names of the first year men were furnished by the university authorities. The freshmen will be compelled to appear before the court and those who cannot prove an alibi will be fined. Each one who pleads guilty probably will be fined $1 and costs, and at this rate the total assessment against the class of 400 would aggregate more than $1,000. To this is to be added 400, at which figure the owners of Columbian Hall estimate the damage done to the building. An investigation to-day of the structure shows that every window In the place was broken and the doors ruined. Inside the walls were badly wrecked and some valuable silk banners spoiled. Around the building are broken shutters, clubs and stones, and all day streams of curious persons have visited the scene. The riot Is the principal topic of conversation all over the city to-day. Prosecutor Randolph this aftcrncnsaTT summonses will be served on each member of the freshman class and all others who took part In the affair. President Stone said he had warned the freshmen not to in terfere with the banquet, but he would not say what action would be taken by the university authorities against those con cerned. He added: "I am satisfied that the law should take Its course. The affair is more serious than the students imagine and a repetition must be avoided. While desiring to lighten the blot, the faculty will not attempt to shield any one who has broken the law. The affair is the most serious in the history of the university." A student named Gardner, who was badly injured by being hit .with a stone during the flght, was much better to-day and no serious results are feared. F. P. Harmon, the freshman arrested and kept In Jail over night, was released to-day under heavy bond. It is said that if the police can prove that the freshmen held a meeting and as a class conspired to create the disturbance a charge of conspiring to commit a felony will be filed against the leaders. The authorities are In earnest In their endeavor to prosecute he rioters, and it Is believed some sensational developments will follow the serving of the summonses. When the freshmen returned to West Lafayette after being driven back by the police they laid snares for the sophomores by stringing wires and ropes across the sidewalks. The freshmen, however, did not remain up to await their opponents arrival, and beyond tripping up a few of the banqueters the traps did not obstruct the triumphant march homeward of the secondyear men. There was no attempt to rush the sophomores after the affray at the hall, but the police and firemen remained on duty until almost daylight. The chapel was filled to the doors this morning with students of all four classes, eager to hear what President Stone would say regarding last night's riot. They were disappointed, however, for only the usual order of service was carried out. President Stone presided and would not respond to the' prolonged calls for a speech. Freshmen and sophomores gave their class cheers time and time again, and at one time it seemed that the under classmen would cut loose again. However, the disorder was confined to shouting, cheering and singing. When the service was over the 8tudentsmarched noisily from tha hall. Vandalism Who la Responsible f To the Editor of the Indltritpolls Journal: The disgraceful riot at our own Purdue University brings the growing vandalisms at colleges much nearer home than they have ever been before and emphasises as nothing else has heretofore done the duty of the proper authorities to enforce the laws against all such crimes. A study of the case fixes the responsibility wholly upon the methods that have obtained everywhere with the college authorities in dealing with the rioters. Some mild discipline has been administered by them a suspention, or. In extreme cases, expulsions, while the State has been wholly Indifferent. The State is not so much to blame as the colUge au thorlties, for It never has been called upon to take cognizance of the offenses whenever they came within its jurisdiction. There is no reason why an assault of one student upon another s hould not be punUhed by the State as well as an assault of one drunken man upon another. President Stone may be depended upon to do his duty as far as college discipline Is concerned. If the grand jury of Tippecanoe county will do Its duty in this case there will be no repetition of this outrage In a quarter of a century. The State, as the owner of the university, hat a right to demand the protection of its property by the local civil authorities, .and tht university Itself has a right to demand protection. Every college in every State Miould plainly announce that while it will see to the enforcement of college discipline It III take no am In admlnlsierln the civil lac