Indianapolis Journal, Volume 53, Number 74, Indianapolis, Marion County, 15 March 1903 — Page 2

THE INDIANAPOLIS JOURNAXj SUNDAY, MAT?CH 15. 1903.

PART ONE.'

that the .purpose of 1t was to advi?e with those creditors as to the best methods upon , - which to administer thl trust; ami yet the evidence" shows conclusively there. I no question about it that this payment of tf).003 of this money which was stolen from - 7. the treasury of tir-Is corporation whs conVcealed from the tmlltcrsr that this pny- -;. ment of J3.1( to Ryersnn & Son Just a few 'days before the beginning of that suit was ' concealed from the creditors; and that the

WEATEEH FORECAST. Itnln To-Day, with Lower TeroperaT- . 1 ' ' .r ture 'in Sonthern Indiana. WASHINGTON, March ll.-Forccast for Sunday and Monday: .. Indiana Rain on Sunday; colder In south -"portion; fresh northeast winds; Monday fair. Illinois Fair In north and central, rain ".In extreme south portion on Sunday; fresh " to brisk northeast winds; Monday fair. :r Ohio Italn on Sunday; coMer in east and south portions; fresh northeast winds; Monday, fair in west, probably rain in east ;4pcrtion. . . Lower Michigan Rain or snow in south, fair in north portion on Sunday; fresh -northeast winds; Monday fair. - Iowa Cloudy on Sunday; llonday fair. . . Kansas Cloudy on Sunday, with rain or "'mow in west portion; Monday fair, '"-' Kentucky Italn and colder on Sunday; 'Monday fair. . .. -'V. . Wisconsin Generally fair on Sunday, and , Monday; fresh northeast winds. Minnesota Fair on Sunday, except snow .near Lake Superior; Monday fair; fresh northeast to -east winds. North pakota Generally fair on Sunday and Monday. South Dakota Cloudy on Sunday, proas' ably snow; Monday fair. Nebraska Cloudy on Sunday, probably r.Bnow in west portion; Monday fair. Local Observation on Saturday. Bar, Tcm. R.H. Wind. Weather, rree. - 7a. -mM20.22 41 ..77 N'eajt. Cloudy. 0.01 7 pJ m..30.23 M &5 N'east. Cloudy. 0.00 " . Maximum temperature, M; minimum terapera- ' -- ture. AH. Comparative statement of mean temperatures 'and total precipitation on March 11: w Tem. Free. ,V Normal". W 0.11 ",Mfan ..2 0.01 - ., .departure .'M4 0.10 ; Departuxa-Ior month. 'J'i 0.23 ; . ;lepartur9 since Jan. 1 IS 0.2S rius. W. T. BL.YTUE, Section Director. 'v v : - - 'lfa(erlay,i Temperatnrti. .' Stations. 7 a.m. Max. 7 p. m. -,'AMlene. Tex 4 70 05 . .Amartllo, Tex 23 64 W ."V.'AntmJj)., Tex , W 76 72 v-t Atlanta. Ca IS Ci 62 Ulsroarck. N. D 4 22 2 liuffaJo. N. Y 1 - 64 44 Cairo, III 62 M M Calgary, Alberta 23 , 4 Chattanooj. Tenn 64 ti ' 1 Cheyenne. Wyo 24 . .. ---so , Chicago, 111 34 , K ' 3 Cincinnati. O,.... .. i . .62 "4S . Cleveland. O,. ... ............. . 40 -. 6i M Columbus, O.,. ..... - 44 2 6S ,Coacoriiia. Kan'... ...v 2ft ,:. v3t Davenport. lm,.. ..... . ; 3 ' .' ''1 -.40 .Denver. Col. 32 -- -SS t :i1fre Cltj. Kan..., 2 ... 3S ' . -3 Bubuque. la . 3 . 42 , 3? Iulutn. Minn 1 ' - 2a - 22 KI laso. Tex...., 3 74 - " 6S Galveston. Tex CQ .M . W ,flran.1 Junction, Col 45 2 M . c;rand Have-n, Mich :. 34 " W 40 Havre, Mont 2 20 . v iieiena, uoni ..... .......... li Zi Zi -Huron. R. I 14 ' ZZ ' 24 - Jacksonville. Fh ,.v 0. 74 . 6Kansas Cttv. , Ma. Z2 .; 41 v43 LaMer. Wyo'..., .' CO ' . . -vw. . : sa '-Little Rock Ark ,tv. C0"uft) --IeisviIle, Ky.... .52 ... . - ' H M-trquette, Mich '. 1 20 20 . Memphis, Tenn T6 f?2 60 'Modena. Utah 24 r.2 44 Montrmery. Ala V 72 W . Nashville. Tenn LH 6 2 New Orlean. La 6) . M 62 - New York. N Y 41 f.S &8 Norfolk. Va 43 62 M " North Flatt Neb. 22 T.2 SO r Oklahoma." O. T 42 f.2 60 "Orrtaha. Nh 2 23 22 V Palestine. Tex 4 4 62 v; 3'arkersburs. W. Va 4t 70 4 Philadelphia. Pa 4 7 62 Tl,fMirir Ta i Pueblo. Cnl 30 44 4 Qu' Appelle. Assin 1! 10 ' Rapid City, S. D IS 2? 2 Ft. Louts. Mo 50 fi f 4 . St. Paut. Minn 2' 2S 28 Fait Lake City. Utah 45 M 12 . Hanta Fe. N. M 34 IX 54 .Fhreveport. Ia ..... ........ M fil 62 HprinsneJi. Ill 40 54 46 FprtnjrfWId, Ma 52 M 62 ' -Valentine. Nb 14 2 2 ' ' Vlckuburjc. Mlfs 62 ft 64 Vashlnjrton. D. C 2 6J 60 TfTchlta, Kan 32 - 43 46 X. j HO YEMENIS OF STEAMERS. NEW YORIC March 14. Arrived: La Lorraine, from Havre; St.- Paul, from .Southampton; Pomeranian, from Glasgow. v Railed: Umbrta. for Liverpool; Tatricla, for IMymouth. Chcrbourpr and Hamburg; Minnehaha, for London. Lahn, for Naples onl s"i m" 's - " Til r 1 A Tft A -1 1 tit at ' Kthiopiai for Glasgow. v.: LIVERPOOL.' March 14. Arrived: Cym--rlc; from:--New Y'orlc - Pailedr Cartha- " peniac,' for Philadelphia; Ktruria, for New .i-yorkr .; , . ' .. - SClLLY.-"Maxell .14. Passed : Koenirn IiUisofrom New York, for Plymouth, Cherbourg; and Bremen. - C SOUTlfÄMPTON. March 14. Sailed: Menominee, for New -York, and passed Hurst Cattle til 1:33 p. m. ;.V1, ? ALGIERS, March 14. Arrived: Lom- ' bafdlarrom Naples and -Genoa, for New SlG -Starch 14. P.iKsed: Palatja, -froLmiNewTdrk, for Naples and Genoa f GIBRALTAR, March 14. Passed: Corarn on wea Rh. from Naples, for Boston. " TONTA DEL GADA. March 14. Sailed: 3rosser Kurfürst, for New York. HAVRE, March 14. Sailed: La Champagne, for New York. ANTWERP- March ..14.-Salled: , Kenslntonr for'New York. - rtOTf ERDAM. Mareh 14. Sailed: 'N6or dam, for New York. GLASGOW, March 14. Sailed: Arcadian, v for Boston. . -. If 011 Are X 1. '-rv O-ur Spring ' styjea , in Derbys and Soft Hats BT9 now on view. ' . -- The Derbys for spring are beauties,' ? Tlio new thing is the low crown with, a rld'd brim. ' -. ' . Jhty Are here In all dimensions at I ; U anä $2 " Also many newv things in soft Ilats-. .MJvht shades with black bands are very 'ctylUjh. We can show you an Immense variety. The Best Shirt -FOR . . " -.1 , . it Dime Dollar -is hre. Wo have them In madras, pcr',cale, Oxford, plain and plaited fronts, at- ' tach d or detached cuffs. -and the swellest lln of patterns you ever saw in a shirt at a ;"dol!ar. ' w- . Banbury Hat Co VI No. East Washington St

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payment of IGOO-to Jewett & Jevett as attorneys' fees was concealed from the creditors. . . ORDER DRAWN BY WATTS. "After the creditors had consulted about the .matter to some extent, and after most of them and their representatives had left the courtroom, W.-W. Watts, one of the defendants here; drew up an order to be entered by the Floyd Circuit Court. That order was an effort in 'one sense to bind the creditors who were , present at 'that meeting, but -without, the knowledge of any other creditor., and without the knowledge Of any representative of any other creditor, and, at th$ procurement, of the defendant W. W. Watts, that court not only authorized the" continuance of the bnsiness- of the corporation and the completion of certain contracts, but enjoined all creditors from proceeding in any other court or-manner, except by intervention In that proceeding in that court. It was declared by Mr. Watts at that meeting that the purpose and object and scope of the proceeding In that court was to wind up the affairs of the M. Zler Company, and to do this as near in conformity to tho bankrupt law as possible. "On the Gth day of February, 10U2, three creditors of the M. Zler Company corporation, representing the necessary amount, tho statutory amount of claims, filed a petition in bankruptcy in thi3 court. On the llth day of February, '1003, these same creditors filed In this court a petition asking this court to appoint a receiver for the alleged bankrupt. M. Zler & Co. As set forth in the petition, matters and facts were shown which at that time appeared to the court to imperatively demand the appointment of a receiver, and the subsequent developments in this case have conclusively shown that if this court had not appointed a receiver at tbst time, and used every effort to get that property into' the possession of the officers Tjf this court, it would have failed to do its duty. CONNOR APPOINTED. "On this llth day of February, 1903, the court, after due deliberation, appointed as receiver of this court Frederick D. Connor. He was ordered to take possession of the property of the corporation, M. Zler & Co., which company has since been adjudicated by this court to be a bankrupt. The New Albany Trust Company was ordered to refrain from any Interference with that property. Mr. Connor went to New Albany, filed a petition in the Floyd Circuit Court on Saturday, Feb. 14. the last day of the then term of that court, In which petition he set forth a certified copy of his appointment and the orders "which were made in connection therewith. The judge of the Floyd Circuit Court ignored that petition, paid no attention to It whatever, neither granted it nor denied it, but contemptuously continued it to the next term of the . Floyd Circuit Court, which did not meet until three weeks thereafter. On 'Feb. 16, 1SJ3, W. W. Watts, the defendant here, having obtained authority as he claimed from the judge of the Floyd Circuit Court to appear here for that purpose-together with Henry E. Jewett, the vice-president of the New Albany Trust Company; ' the; receiver appointed by that court.. appeared. In this" court. - They . objected that this court had no power to appoint a receiver; that il it had the power to appoint a receiver that it had no power to take possession of the property of this bankrupt by summary proceedings. "1 stop here simply to state that the chief argument made by Mr. Watts at tout time wa , that the, receiver of the Floyd Circuit '.Court held, hy adverse .possession. It was maintalned.upon that argument that this court, had ' no right to. .take the possession of this property-out of "the receiver of the Floyd Circuit Court because that receiver held adversely. Counsel for the defendants here who have argued the law questions before this court upon this hearing have distinctly disavowed this contention. Mr. Miller yesterday squarely stated that there was no question of adverse possession in this case. After a full discussion of this matter before this court on the 16th and 17th days of February, 1903. Henry Ü. Jewelt.as the vice president of the New Albany Trust Company, and W. W. Watts, the attorney for the New Albany Trust Company, receiver, and the attorney for the plaintiff in that suit-an attorney authorized as he claimed by the judge of that court to present the matter here voluntarily, as the records of this court show, in open court offered to turn this property over to the receiver of the United States Court. Both Mr. Henry Jewett, who was vice president of the New Albany Trust Company and a lawyer, and Mr. W. W. Watts, who was a lawyer, at that time conceded, as Mr. Miller stated here yesterday, that the absolute right to the possession of this property was in this court. Thereupon these gentlemen, after having conceded that the right to the possession of this property was in the receiver of this court, after voluntarily offering to turn this property over to the receiver of this court, returned to the city of New Albany. PROPERTY TURNED OVER. VTwo days after, on Thursday morning, Feb. V), in pursuance of that voluntary offer, the New Albany Trust Company turned over to Frederick D; Connor, the receiver of v this court the property and plant of this bankrupt corporation. Mr.- Connor took peaceable possession of that- property -as the receiver of this court, entered into possession, remained In possession, caring for it as he was bound under the law to do until;-Friday night, the 20th of ; February,' iftr dark. Charles DKelso. Raymond G.-Morris, Claude Sittason and some othei-H went; to ; this plant and forcibly, in the night time, ejected the receiver of thi3 court and took violent and forcible possession of that property. Thereupon the receiver having filed a written statement here of the facts, a citation was issued to these gentlemen, among others, to show cause why they should not be punished for a contempt of this court in interfering with the -.peaceable and lawful possession of the .property of this bankrupt in the receiver of thijr court." v The court " here devoted Its attention to the law in the case and from a great pile of law books in front of him quoted authorities on the question of jurisdiction. Ho closed with a review of the evidence .regarding the alleged acts of the defendants as follows: . EVIDENCE REVIEWED. ;"So far as tho defendant Sachs Is concerned, the evidence clearly shows. that he took anVaetive part in- the proceedings which culminated In th6 removal of the New Albany Trust Company by the Floyd Circuit Court: and in the appointment of Mr. Kelso as. the receiver of that court; that it was upon a petition largely prepared and sworn to by him that the court acted in removing this New Albany Trust Company and appointing Mr. Kelso; that he was there during the consultation with reference to the matter; that he aided and assisted in planning tho line of battle for taking the property from this receiver; that ho assisted in the preparation of the process Issued to the sheriff under which the sheriff acted; and this court has no doubt whatever that he was at tho plant of M. Zler & Co. Saturday afternoon after Kelso was in possession with Kelso looking over tho plant and making preparation with regard to the running of it. It has been said here in argument by- counsel that there is an irreconcilable conflict in the evidence. It is so stated by counsel on both sides. It has also been stated by counsel that it is not their province to say where the truth lies and who has committed perjury. It is the province or this court to say where tho truth lies and this court believes that D. A. Sachs in many Important and material particulars committed willful and corrupt perjury in this case. The stenographer of Mr. Kelso, who has no interest whatever in this case, swears positively that Mr. Sachs took an active part in the preparation of tho instrument which he signed and swore to. She swears positively that he took an active part in the preparation of the papers and proceedings which were immediately used to wrest the possession of thlä property from the receiver of this court. Mr. Kelso swears the same thing and "Judge Utz swears the same thing. . Mr. Kelso swears ' that Mr. Sachs was with him in the plant looking it over on Saturday, canvassing the situation and advising with reference to starting the plant and saying that it, was agreed between them that the plant hoüldibe started on Monday. Mr. . Ituoff, who was the night watchman. swars Watts was there. Another gentleman, a deputy clerk, swears that ho mt Sacha- on the street in New Albany that evening when Sachs told him he had been out to the plant and he did not think tho property was. worth $3,uüu. WHAT SACHS SAID. "Yet Mr. Sachs has taken the witness stand here and has deliberately sworn that he had nothing to" do with the preparation of that answer, that ho cannot deny that he signed it and swore to it because it is in evidence in the record, but that he had nothing to do with Its .preparation, that he had nothing whatever to do with tho proceedings which culminated In the wresting of this property from the receiver; that he was not at that slant that' afternoon.

So I say that this court has concluded that he committed willful and corrupt perjury here. . Another" circumstance: Mr. Sachs test!-' ties that when he left Judge Utz on Wednesday evening Judge Utz requested him, who. until that afternoon, was a stranger to him, a resident of LouisvilleMr. Sachs had never transacted any business as I recall the evidence In New Albany prior to that time that Judge Utz requested "him and Watts, both strangers in New Albany, to notify counsel interested in this case for the creditors to appear In his chambers next morning. Going from Jndge Utz's -office they went to Jewett's office. It is in evidence here, and. there is no 'dispute about it, that Mr. Jewett called up. Mr. Kelso that afternoon over the telephone and asked him how long he would tx? in his office and told him to wait that some people would be over . to see him. There is no question on earth that Watts and Sachs went over to see him that afternoon and that they were there from a half to three-quarters of an hour, and yet Sachs took the witness stand and swore that the only purpose they had in going to Kelso's office that evcnlnj? was to notify Kelso that Judge Utz wanted to s?e him in chambers next morning. As has been well said, it is a remarkable circumstance that Judge Utz should call upon these Louisville lawyers, strangers to him, to run errands for him, and it was a remarkable circumstance if the only purpose and object of their visit to Kelso's office that evening was to notify Kelso that Judge Utz wanted to see him the next morning;' that he should not have had Henry Jewett tell him when he called him over the telephone that Judge Utz wanted to see him at his office next morning.And -it was a remarkable circumstance that they should have gone to Kelso's office, these busy men who did . not want any business this side of the river (they have all on the other side they can attend to), should go to Kelso's office that afternoon and spend from-a half to threequarters of an hour with him. So I find that Mr. Sachs is guilty of a flagrant contempt of this court. CLAIM MADE FOR WATTS. "It Is claimed for Mr. Watts that he went to New Albany and did everything he could to turn this property over to the receiver of this court. The evidence shows that Watts was continually declaring and protesting that this property should be turned over. Counsel for Mr, Watts, in the argument in his behalf yesterday afternoon, spoke of the responsibility which this court has, and the power which it has. I trust I fully realize the responsibility which Is imposed upon me in this case, and I know I take no pleasure in exercising the powers which are incident to my present position. Counsel in that same connection said that Mr. Watts, according to the evidence, had not done one thing or said one word, that no witneses had testified to his having done one thing or said one word in furtherance of this wrongful enterprise. "Until Mr. Watts returned to Louisville and procured his friend Sachs to go to New Albany Mr. Sacha was a stranger to that proceeding. Mr. Watts undoubtedly pot Mr. Sachs into the proceeding. He was over there Wednesday. The evidence in this case shows that when Judge Utz finally decided, at .whose instance I know not, to cite the' New Albany Trust Company before him for contempt, that Mr. Watts respectfully requested .that he be cited also. It is in evidence before this court that before Mr.' Watts was served with the citation -to appear and answer that charge of contempt in the Floyd Circuit Court he informed the gentlemen he was with that he was going to a restaurant or saloon, I have forgotten which, where he would be, and to send the sheriff there to serve him. He was thero during all the time that these proceedings were - planned and he returned with Mr. Sachs late in the evening of Friday, only a short time before the final proceedings were taken to throw the receiver of this court out of the possession of that property. NOT BOUND BY DENIALS. "I understand that these gentlemen, in order to be punished, must be found guilty, beyond a reasonable doubt, but I do not understand that ibis court is bound by the denials of Mr. Watts. If the circumstances surrounding this transaction clearly establish to tbls court's mind beyond a reasonable doubt that notwithstanding Mr. Watts's protestation and declaration as to his Intentions and desires that notwithstanding that, if through Mr. Sachs or by assisting Mr. Sachs he had anything whatever to do with the transactions which culminated In this unlawful act, he is guilty and this court must find It If the evidence shows it. Mr. Watts, his counsel asks this court to believe, throughout those four days, when the evidence in this case shows that he was associating with Judge Utz socially, drinking with him in saloons, hobnobbing with him, in -the language of the street, during those four days, was therewith his friend Sachs for no other purpose than to appease the wrath of Judge Utz against Watts. It Is needless for me to say that this court does not believe one word of It not one word of it. I cannot believe it. I believe that Mr. Watts was there and the only solution of his conduct that can be determined upon consistently -with "the evidence Is this According to 'his own testimony, the nearer he got. to Louisville the more he concluded 'he had made a mistake In offering to turn the property over. But ho had offered. Mr. Watts is one of those lawyers who prides himself on keeping his agreements made In court. I have known many such. Therefore Mr. Watts did not wish to put himself in the position of openly violating tho voluntary promise he had made In -this court. So he procured bis friend Sachs to go with him to New Albany and- Sachs is put -forward as the active manager of this thing1 and Watts remains in the background and continually protests that he wants to turn this property over and keep' his agreement with tho United States Court.. lie is like some other people, he protests too much. So I have come to the conclusion that Mr. Watts is guilty of a flagrant contempt of this court. WAY SEEMS CLEAR. ; rvp . to this time, so far as the law. is concerned, my way seems to be clear. If I am mistaken about It the gentlemen have their remedy. If this court were infallible thero would be no need for tho Circuit Court of Appeals and. still less need for the Supreme Court of the United States, but It is the duty of this court, in so far as It can, to . ascertain what the law Is, and, having ascertained what it is, as nearjy as. possible, to so jdeclare it. I have not had much difficulty in coming to the conclusion that this court had' the jurisdiction as I have stated. I have not had much tliffi culty in coming to the conclusion that these,' defendants have been guilty of contempt of this court. But the question as to what punishment should be meted out to them has given me considerable trouble, v.':'' -"It has , been a matter of considerable concern to me that at the very begifiringof ray career here I have to be confronted with this state of affairs. I cannot help but; bellcvo that the gentlemen who have taken part in these proceedings forget that it makes no difference who occupies this bench. The court is the same. In my professional experience, which was passed almost entirely, I must admit, in the state courts, those courts were pervaded with an atmosphere of respect and reverence;, for the digiity and power and purity of the United States Court. And when it bekäme apparent to the present occupant of this bench that any court, or any officer of any court, or any person within the district would undertake to do what these gentlemen have done it was a matter of very great astonishment to me. I was urged to exercise the extreme powers of this court at once. 1 delayed. When these gentlemen were here before me on the 17th of February, after a full discussion on their part, in which I indulged them far more than they were entitled to, they voluntarily offered to turn this property over, and they did it. And, therefore, that such proceedings as did happen should happen was a matter not only .of surprise, but of the utmost consternation, 1 think, to everybody as well as to this court. If this court is going to administer justice as It sees it It necessarily follows that the-dignity - and the power of the court must be maintained. All men. and lawyers especially, must understand that if they disagree with thecourt in any order it makes they must not set themselves up to resist those orders. I have decided in this case I dislike exceedingly to do It butt I have decided -in; this rase that my duty compels meto Imprison

these men. The only question In mj.inlnd' is as to the term. , , . , MIGHT HAVE BEEN DIFFERENT. V "Evidence has been introduced as toTtherr previous good standing. I believe both of them realize the mistake ' they haye made and the. wrong they have done. .. If tLey had come to this court even upon the service Af the citation to 'show .caused and hadVcV knowieagea ineir wrung, n mignt nave been different. They are lawyers. They have here, by their counsel, after.a manner which I think is not entirely excusable criticised the action of this court. They have asserted here that this court has, assumed a jurisdiction it did not have and has issued orders it had no lawful authority to issue. They have, through their counsel, urged that, but on the witness stand,

as witnesses, they have apparently tried to. convey the impression to this court that they recognized the lawful authority of the court to act that they recognized it from the beginning. Indeed. Mr. Saclu swears that he himself said, when he heard of the order of Feb. 17, That ends it!' And yet. while through their counsel they attack the jurisdiction of this court and loudly proclaim that this court has exceeded Its powers and Jurisdiction, that the orders which they have violated were no orders fit all and they had' a right to violate them, they, on the witness Hand,, have conceded the authority was Tightfully exercised, and they ask this court to believe that - they have done nothing . whatever -.to .Interfere with It. ; "The sentence of the court Is (ami -Mr.-Sachs and Mr Watts rany Ptand "up) that' you are tach guilty of:a contempt- of -this court, as charged in' the information and In the role to show- cause-, and that yoü stand committed to the jail of Marion county for sixty days and pay the costs taxed against you, and the marshal is charged with the" execution of this Judgment." The' two defendants sat with their attorneys while Judge Anderson gave his decision. As soon as he had conclude! and adjourned court. Deputy United States Marshal , Foley - accompanied Sachs and Watts, to the Denison, where lunch was served In their, rooms. After lunch they walked with the deputy to the Jail, accompanied by their friends. The men were placetl in the big room on the third floor of tho jail, where Kelso, Morris and Zler, the other New Albany men sent to jail for contempt in this case, arq serving, out their sentences. The apartment is roomy' and fairly comfortable and the Louisville, attorneys, though used to surroundings of refinement and comfort, can do very well there. Several Louisville friends of the two law3'ers called on them at the jail yesterday afternoon. Yesterday afternoon their attorneys filed a bill of exceptions with the clerk of the United States Court, which is a preliminary step toward taking the case to a higher court, either to the Circuit Court of Appeals or the United States Supreme Court. It is suggested that the latter court will be appealed to. It is likely the case will be taken up through the medium of habeas

corpus proceedings. fatal railway wrecks ACCIDENTS IN KANSAS, VIRGINIA, . TEXAS, KENTUCKY AND OHIO. Nine Persons-Killed nn1 More than n Score Injured An Engineer Rlnnied for Disobeying: Orders KANSAS CITY. Mo., March ll.-The Golden State Limited on the Rock Island system, due In Kansas City this morning, collided head on Just outside of Dwight, thirty miles west of Tppekai .at 3 o'clock this morning with west-bound passenger train No. 3, which left Kansas City last night. Both engines were damaged badly and the baggage and mall cars and the smoker on the west-bound train were telescoped. None of tho other cars on the west-bound train left the track. None of the cars on the limited was derailed or damaged and that train continued Its trip east after a few hours' delayi Engineer Love of 'the "westbound train; was killed. Fifteen persons were injured. . The Dead. W. II. LOVE, engineer, Kansas City. Dangerously Injured. O. W. BLOOD, express. guard, Topeka. O. B. THOMAS, baggageman, Kansas City. WALTER BARCLAY, mail clerk. Kansas City ' - " Slightly Injured. GEORGE SCQTT, limited engineer, Kansas City. , W. P. HENRY, Los Angeles, Cal. N. A. WEEKS, Stevens Point, Wis. D. B. INGRAM, Omaha. W. J. FORD, fireman, Kansas City,-Kan. C ir. KENNEDY, mall clerk. .Kansas City, Kan. . JOHN STUBBS. Miami. O. T. - . G. M. JOHNSON. Junction City, O. T. MRS. R. E. ENNEN, Rapso, O. T; WESLEY MYERS, Oregon, Mo. v ' " A. T. BOWER. Oregon, Mo. ' V ,: II. E. GERSENFELD, Geary, O. T. The trains had orders to meet at Dwight, but the engineer of the limited failed to obey orders, ran by the station and struck tho other train, which was approaching the switch. y ' , ., Four Men Killed. : " ; v ,'' - LYNCnBURG. Va., March 14.-A local engine coUided with a freight train In.' the Chesapeake & Ohio yard here this morning and four men lost their lives! The accident happened about daybreak. at heavy f off ' prevailing at the time.. .There were flve men aboard the , local engine Yard Conductor Clarence Glass, Engineer W. C. Monroe,', Fireman J. N. Purvis, Brkkeman Littleton Moon and W. McSherry,' an employe of the Clamorgan works, who was riding to his work. Fireman Purvis and Brakeman Moon were killed Instantly, and Conductor Glass and William McSherry died at the hospital this afternoon. Engineer Monroe was severely Injured, but will recover. TivcPKilled, Three Injured. " 'EL PASOj; Tex.,'' March tf.-A, passenger aid freight train on the Galveston, Harrison & San Antonio Railroad collided .early to-day west of Sierra Bianca, Both engines were demolished "and the mail car and two freight cars damaged. Lee Holmes, fireman on the passenger train, and a negro tramp were killed. . . The Injured: G. W. Daily, passenger conductor; G. M. Malleyv freight fireman, and Mall Clerk Kibbe. Kibbe '.was ; injured about the head. The extent of the others', injuries is not known. ..".'.. 'xv . VMelnit Killed, Two Fatallr Hnrt.S ' CORBINV Ky., March 14. The Louisville Äashvllle's Jellico and Corbln train was Wrecked ,by the splitting of a switch while entering;,11?0 5'0rbln yards this morning, Walter: Graves, a merchant of Woodbine, Ky.Y'.waV. instantly -killed and Mrs. Tom Hudson 'and her twelve-year-old daughter, of Jellico,; werfe fatally injured, while Conductor. J. B. 'Douglas, Mail Clerk Adams and Engineer Kelly were slightly injured. . s Switchman Killed. , . TOLEDO, O., March 14. In a wreck dur ing a heavy fog to-day Switchman - Julius Weil.' of Columbus, O., was instantly killed and Abraham Cook, of East Toledo, and an unknown railroader were seriously injured. Three Hocking Valley freight engines were demolished, and the track was completely torn up for a considerable distance. : LEVEES MAY HOLD. (CONCLUDED FROM FIRST PAGE.) the new levee behind the crumbling old levee embankment. It is said the work cannot be completed for ten days yet Stage of 50.5 Feet nt Cairo. v CAIRO, 111., March 14. Tho river . has come to a stand with the gauge marking 50.5 feet. ' The Georgia Lee- arrived from the South this morning and reported the low levees as being patrolled by armed watchmen, who would not let the boat land, fearing the steamer waves would destroy the levees. .. . 'llaftltand, Xfite and Babe Drorned.v r GADSDEN. , March; ll Will Fer guson, wife and'.baby.erjBi owned:ln:;tbe backwaters of. Hytop creefc-'iDd Kalb county; last'nlght. A -heavy Jail of rain -during the night had caused the -creek - to overflow and Ferguson's house was .flooded. '- ? : ; ALONG THE OHIO. ' River 'Fnllln at Ernnsvillev bnt the Clonda Are Loosening a Flood. EVANS VlLLE; Ind, March 14. The Ohio river stanoVll.? feetjo-hlght, a fall of a little over crie-tenth of a foot in the last twenty-four hours. It has been raining all day and it la expected the river will be rising again by Monday. A great deal of - . drift has been passing all day, and steam

With the experience of the past . .

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Bushing

Archibald

Three distinctive new styles In soft hats.

Jls Ready Howear Tailors k ; We i are nöw. building our reputation. Not common reaciy-rrtade clothing, but ... Carefully selected fabrics tailored to our order In the latest styles. In fact, our styles were ccpied last season by some of the leading - tailors

Suits, $18 to $24

All beautifully tailored and silk lined. Give this department a call . . .

Ger ritt A. Archibald 8p Co.,

38 East Washington Street.

boats are still delayed. People continue to leave the lowlands. The Wabash, and White rivers are still rising slowlj. Situation at Padacnh. PADUCAH, Ky., March 14. The river is still rising slowly, with 47.5 on the gauge, and it is feared prevailing rains will prevent the expected fall. Many parts of the outskirts of the city are under water, and the , streets skirting the river are .under water In 'places. Portions of several lumber yards and- factories are submerged, as are parts of the Armour, plant, the Illinois Central First-street track, and . most all .of thenarlne ways. Two feet more will shut down many, of the factories and cover much of the Illinois Central Railroad yards. . The Illinois Central, at many points below, has had to raise its tracks on account of the rising waters. Above here, in the Tennessee and Cumberland rivers, every available towboat of the four companies with headquarters here is working to save, tho tens of thousands of ties under water. : The Wnbnuh Foiling. - :.r. PRINCETON, Ind., March 14. The high water In the' Wabash, White and Paioka rivers fell last night two Inches. There Is much suffering among the poor, who had to leave their homes and go to higher ground. Many applications were made to-day to the trustees and boards of charity. All will be provided for. . . , Metropolis a House of Refuge. METROPOLIS, 111., March 14. It has been raining steadily all afternoon and the Ohio river continues to rise. Several families from Cairo and other points south arrived last night to stay "until the flood recedes. ABOUT THE CROW. John Dorronghi Disputes Some of Seton Thompson's Statements. Atlantic Monthly. ; ..... . - For forty years I have seen crows in winter in different parts of the country, pass; ing to and fro between their rookeries and their feeding grounds, and I have never seen anything like leadership among them. They leave , their roosting places at daybreak and disperse north and south or east and west to their feeding grounds, going In loose straggling bands and' silently, except In early; spring, and they return at night in the same way.' flying low if it is Btormy and windy, and high' if it is calm, rising up or sheering ) off if they see a gunner or other suspicious object, but 'making no sound, uttering no Signal notes. They all have eyes 'equally sharp and. do not need .to be warned. . They are all on the alert. When feeding . they do post a sentry, and he caws ; when danger approaches, and takes to wing. J' They do hot -dart into a bush wnen pursued by a king bird or a purple martin; they are not afraid of a hawk; they cannot' count six, though such traditions exist (Silver Spot could count thirty!); they do not caw when you stand under them in winter to turn their course, they do not drill their young, they do not flock together in June; they cannot worry a fox into giving up half his dinner; they do not, so far as we know, have perpetual sentries;, they have no calls. that, so far as we know, answer to our words, "Mount," "Bunch." "Scatter." "Descend," "Form Line," "Forage" on these and other points' my observations differ radically from Mr. Thompson-Seton's. Mr. Long doubtless got the hint of his ridiculous book from Mr. Thompson-Seton's story of the crow, wherein he speaks of a certain old pine woods as the crow's fortress and college: "Here they find security in numbers and in lofty yet sheltered perches, and here they begin their schooling and are taught all the secrets of success in crow life, and in crow life the least failure does not simply mean begin again. It means death." Now the . idea .was a false one before Mr. Long stole it, and ho has pushed It to such length that-It becomes simply ridiculous. There is not a shadow of truth in.it. It is simply one of Mr. Thompson-Seton's strokes of fancy. The crows do not train their young. They have no fortress, or schools, or colleges, or examining boards, or diplomas, or medals of honor, or hospitals, or churches, or telephones, or postal deliveries, or anything of the sort. Indeed, the poorest backwoods hamlet has more of the appurtenances of civilization than the best-organized crow or other wild animal community In the land! There is a school of . woods. Just as .much as ' there Is a church of the woods, or a parliament of the woods, or a Society of United Charities of the woods, and no more; there is nothing in the dealings of animals with their young that in the remotest way suggests human Instruction and discipline. The young of all the wild creatures do instinctively what their parents do and did. They do not have to be taught: they are taught from the jump. The bird sings at the proper age. and builds its nest, and takes its appropriate food, without any hint at all from its parents. The young ducks take to the water when hatched by a hen as readily as when hatched by a duck, and dive and stalk Insects, and wash themselves Just as their mothers did. Young chickens and young turkeys understand the various calls and signals of their mother the -first time they hear or see them. At her alarm note they squat, at her call to food they come, on the first day as on the tenth. The habits of cleanliness of the nestlings are established from the first hour: of their lives. When a bird comes to build its first nest to rear Its first brood, it knows how to proceed, as well as it does years later, or as Its parents did before it. The fox is afraid of a- trap before, he has had any experience with it, and. the hare -thumps upon the ground at the sight of anything strange and unusual whetheritiTnates be within hearing or not. It is true that thecrow8 and the Jays might be. called the -spies and-informers of the woods, ' and. that Other creatures seem to understand .the meaning of their cries, but Who shall presume to ay that they have been instructed in this vocation? Mr. Long wbuld have ns believe that the crows teach their young to fly lie might-as well say that the rooster, teaches its. young to crow, or. that the cock grouse teaches the young males to drum.- No bird teaches Its young to fly. They fly instinctively when thiir wings, are strong enough. , ' ' Svrord for a HUaonrlao. , JEFFERSON CITY, Mo.. March 14. A bill was passed in the House to-day appropriating 1000 for a sword to be presented to Lieut. Arthur Lee Willard In honor of his having planted the first American fiae on Cuban soil in the Spanish-American war.

Forward "All $3.00 in price; $5.00 in style and quality. Top Coats, $18 to $30

' 'I - - Gibson ! 1

A Trust Company. Cannot Run Aivay. An individual executor o? trustee may have an excellent r potation and financial standing and yet gradually be led into some speculation with täte funds whereby they are lost. Watch the daily pap;rs;note how often such cases are repeated and remember that only a small portion of them fie t into the papers, the greater number being compromised or abandoned as hopeless. T his Is . only one of the many serious dangers arising from the placing -of trust estates in the hands of individuals. Consultation relative to execution of ...ll A t t. J I .

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The Mariöui Äüs

' Northeast Corner Monument ONE-CENT PIECES OF 1902 A .IIOAJt THAT CAUSES 'ANNOYANCE -'" - TO TREASURY DEPARTMENT, Newsboys School Children and Grown People Expect to Get Thirty Cents for One, but They Won't. Washington Letter in Brooklyn Eagle. United States Treasurer Ellis H. Roberts and his assistants at the Treasury Department have been put to no end of work and annoyance as a result of a hoax perpetrated on the pubUc by a New York newspaper. Under the mistaken idea that the government is paying big premiums on 1902 pennies, people in all parts of the United State3 are sending in quantities of .coins of this date, expecting to be paid for them at the rate of thirty for one. One of Treasurer Roberts's, assistants looked up helplessly to the. Eagle correspondent to-day from a pile of letters relating to 1902 pennies and remarked: If you could only stop all this It would do us a world of good. Please say that the government Is not offering any premiums on pennies of 1902 or coins of any date; that It would be unlawful for us to pay more than the face value for the redemption of any kind of money. In addition to a flood of letters on tho subject, we are constantly pestered by newsboys school children and even men and women, who come in with hands full of pennies expecting to receive anywhere from 3 to 30 cents apiece for them. This thing is worrying us to death, as well as seriously interfering with current work. If we don't nail the lie before it gets much further into the rural districts I don't know what the outcome will be." It seems that some few weeks ago one of the metropolitan dailies got. hold of a yarn to the effect that while some pennies were being manufactured at the Philadelphia mint a careless workman spilled a bar of gold into the molten copper. The mistake was not discovered until the pennies had been run off and put Into circulation. In order to recover the lost treasure, the paper went on to say, the pennies were to be redeemed at fancy premiums, and that the treasury would pay 18 cents for every penny of 1902 that was presented. The story was taken up In other cities, despite its improbable nature, and was printed everywhere. It has now got into the patent "ineides" that are furnished to country weeklies, and soon every child that has not already been set on a search for 19U2 pennies will join . the hunt. In some . sections the premium has been run up. as high as 20 cents. . . ' . THE SMART CASHIER. One of the first persona to Inquire of the Washington officials as to the truth of the story was the cashier of a Chicago bank. He was in such a hurry to get an answer that he inclosed in his letter to Treasurer Jtoberts a stamped envelope-bearing a special delivery stmp. The letters of inquiry soon bega-n to come in in such volume that Mr. Roberts caused a few thousand copies of the following circular to be printed and distributed: 1 . "The department makes no distinction between the various Issues of -coin and currency of the. United States, neither receiving nor paying a premium In any case. None of the coins of the United States have been 'called In. All statements to the contrary are erroneous, and their origin and purport unknown. Application for list of, and correspondence in relation to, premium coins should be addressed to some of the coin dealers to be found in all large cities." Some of the correspondents of the department have actually sent in large numbers of pennies that are supposed to be half gold, while others are prepared to forward consignments as soon as the truth of the alleged premium Is ascertained. The Washington newsboys heard of the tale some days ago and have been on the lookout for pennies bearing the charmed date ever since. Their hopes are dashed when they bring their prize pennies to Mr. Roberts's office and receive the crushing news that a penny of 1302 Is worth no more than a penny of any other date. Two little tots about eight years of age trudged Into Mr. Roberts's room the other day, having walked all the way from Brightwood. a suburb some miles distant. Each had nine or ten of the pennies, the profits -on which were expected to repay the trouble of the long Journey. They could not believe the news that the pennies -were worth only, a cent each, and tearfully Insisted that the "papers say so.' One heartless but thrifty individual comes to the cashier's room every few. days and gets 12 worth of Lr02 pennies and disposes of them to Innocents at advances of anywhere from 200 to L50Ö per cent. A MAD SCRAMBLE. , The penny hoax is spreading throughout the South. News came here to-day that three men collected every 1902 copper to be found in the banks of Charlotte. N. C. and sent agents out of town to get more. "On March 8 pennies In Charlotte were freely purchased for S cents each; on March 5 they had advanced to 5 cents, and on the next day Edward B. Gresham,.of the firm of I Gresham & Co., sold to Baggage Agent

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The finest and most complete line cf rain coats In the city it u it - it it . it t tt it Place and East Market Street. Bonner, of the Southern Railroad, S30 1902 pennies for $33. Bonner claims that he sold the same pennies to a bank in Alexandria for 15 cents apiece. The report of this transaction spread to neighboring towns and-ever since then the coveted pennies have been selling at from 8 to 12 cents each. Thero is a mad scramble for pennies among the population throughout that entire section. As a Blatter of fact the government does not prepare the alloy from which pennies are made. The metal is bought from a firm In Waterbury, Conn., and no gold is used aboüt the establishment. Nothing goes into the composition but copper, tin and zinc. This metal is sold to the government in the shape of planchettes, for which Uncle' Sam pays at the rate of 18 cents a pound. The strips are just wide enough to admit of the cutting of circular disks, the size of pennies, and out of a pound of copper about 125 pennies are made. One of the treasury officials, in FpeaWn? of the penny hoax, said to the Eagle corre spondent: "This has given us almost as much trouble as the famous nickels we got out some years ago which did not have the word 'cents' on them. Wc learned that some unscrupulous persons had gilded these coins and passed them off as 15 gold pieces, the similarity between the two being striking. In order to prevent further.Xraud of this sort we discontinued the issue and destroyed the balance as fast as they came Into the subtreasuries. This started the story that the government was redeeming the pieces at big premiums, and our troubles began. It took us several years to convince the public that the government cannot 'call In' an issue of money, and that we cannot pay premiums for rare coins. The nearest we came to calling in an issue was several years ago when we learned that a clever $100 certificate was In circulation. We did not know how many had been made, and tbey.were so clever that they often deceived experts. In order to protect the public we gave notice that it would be well not to hold notes of this denomination, and that the government Intended to discontinue the tesue. We are constantly getting letters asking how much we pay for coins of certain dates." USS who it Is? The mother lenowa the touch of the eoft too well to to guess, and the moment enters into the a oirit of the child and for gets her toil and weariness. Then a sudden movement sends'a thrill of pain through her and she realizes that though love may lighten labor it cannot lighten pain. Thousands of women who have suffered from backache, headache, and other consequences of womanly disease, have been -made well women by the use of Dr. Pierce Favorite Prescription. It establishes regularity, dries unhealthy drains, heals inflammation and .ulceration and cures femaleweakness. I cannot say enough in praise of Dr. Pierce's Favorite Prescription as it ha. done me o reads rood. writes Mrs. Henry Barrel!, of Tarboro. K. C. Box 109. "I was swollen so I could hardly walk when I began taklojr. the Favorite Prescription. I also had uterine trouble and could neither eat nor sleep only as I took morphine. Tried four different doctors and they all failed to do me any good, so one of my friends recommended your" Favorite Prescription to me and I took only three bottles and am now well and hearty. Can do almost any kind of work. Dr. Pierce's Pleasant Pellets are thaj most desirable laxative for delicUa women. TÖUWICS, BAGS, SUIT CAGES.

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