Richmond Palladium (Daily), Volume 31, Number 359, 6 February 1907 — Page 1

MIC MOM) PAI AJEDIUM H Richmond, Indiana, Wednesday Morning, February 6, 1907. VOL. XXXI. NO. 359. Single Copy, One Cent.

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THE AX IS OUT FOR METR0POL1TAH LAW r Indiana House Passes McCuIlough Bill and the Senate May do Likewise.

WERE BUT 13 AGAINST IT C. G. HIBBERD AT INDIANAPOLIS IN THE ROLE OF AN OPPONENT FOR BILL WHICH WILL ROB CITY OF NATURAL GAS. (By Demas S. Coe.) Indianapolis, Ind., Feb., 5. The McCulloiigh bill which dumps the present metropolitan police law in the

"sewer," so to speak, went through j wiu be use(j an over the system. It the house this forenoon with so much is probable, according to the statespeed that it dazzled the members j ments Gf tne officiais, that several

and the spectators. Friends of the . , . . 1 1 1 . . t.r.llAn num. ' bered 13, and they were as unlucky in their championing of the existing statute as the number would signify. There were 70 members of the house who voted to wrest from the goveri nor the power by which he may create police boards, thereby conferring the power on the mayors of the sixteen Indiana cities where police departments are conducted under the metropolitan law. The bill came over to the senate this afternoon and was referred to the committee on cities and towns. An effort will be made to have the committee report for indefinite postponement but this cannot bp done. The battle will be on the floor of the senate and if the supporters of the governor do not do a better job of rallying than they did in the house, it's all over but the shouting now. Representative McCuUough says the bill will pass the senate. IJut ho is simply guessing like everybody else, for newspaper men and other attaches of the upper house are unable to poll the body. There t-.re a half dozen senators who are free to say they do not know how they will vote and in explanation declare tho reason to be that they are not interested, having no constituency in cit-1 ies where the metropolitan law is n j force. Representative Ratliff voagainst the bill. Representative Elliott was not in the chamber when the roll call was taken, hence was not recorded as voting either way. . Natural gas companies throughout Indiana have within the past day or so awakened to tho fact that two measures are before the general assembly which,- it is asserted, provide ' that the pumping of gas shall bo prohibited, repealing the act of 1903 which gave gas companies the right to establish and operate pumping stations. In the senate a bill' has been recommended for passage by the committee on natural resources, that was introduced by Senator Strange of Grant county. The bill provides that any person, firm, company or corporation engaged in drilling for, piping, transporting, or selling natural gas. shall not transport the same through pipes at a pressure to exceed COO pounds to the square inch. The addi tional provision is made that there shall not be any artificial means used in connection with any well or wells to Increase the flow of natural gas, or than for the removal of oil and water from such wells for a free and unobstructed flow. There is- a penalty provided which fixes a fine of not less than $1,000 nor more than $10,000 and in addition the officers of such offending corporation may be imprisoned in the county jail for a period not exceeding six months. In the house Mr. Condo has a similar measure. Elgar G. Hibberd, of the Richmond Gas company and Joan F. RobInns, attorney for the Richmond company were here today looking after the matter. All gas companies in the state that use artificial meani for creating pressure will oppose the measure. Richmond would be cut off from Its gas supply should such a law be enacted and unless the legislators are made to understand what ill effects would follow in Richmond and fome other cities, the bill may go through. The senate this afternoon took its first slap at a temperance measure of the present session, when it killed the bill offered by Senator Thomas Moore which proposed that the burden of proof in liquor remonstrance cases should rest on the applicant for license and not on the remonstrators. In plain language the bill proposed that where the signatures of reraon-' strators was questioned, the remontrators need not prove their validity but they were to be taken as prima facie evidence that they were valid unless the applicant could prove oth- j orwise. It was claimed by various lawyers that this would change the , legal rules of practice and that the ! saloon men should not be forced to do j something that other classes of peo-1 pie were not forced to do. The ternperance forces of the senate fought hard and died the same way, but the bill went to its grave by a vote of 25 to 20. A poll taken iu the house this afternoon on the Mattlngly high license bill, indicated that there will have to be some work done there if the measure is not defeated. The tempersnce forces all over the state have been Bending in word to members to kill the bill, declaring that It means a backward step and that the saloon will be more firmly entrenched than (Continued on Page Five.)

TO TRY STEEL CROSSTIES

PLANS OF THE PANHANDLE Several Hundred Will be Used on Richmond and Indianapolis Divisions of Road as Experiment Are Filled with Cement. It is very probable that the Pennsylvania railroad will place steel crossties on. all divisions of the road, as soon as the old wooden ties become rotten and useless. According to the statement of a railroader in the Pennsylvania offices yesterday, good cedar ties are scarce and owing to the great demand for them at the present time it is almost impossible for all the railroads of the country to get ties enough to keep their roads In tip top shape. Ta arxlvo iha rrnaa tlA famine the officials of the road have had 5,000 teel crossties. filled with cement, con- ! structed as an experiment, and in case tn fill tne eas of the officials they 1 hundre(j ties will be sent to Richmond for use on the Richmond and Indianap olis divisions. They will arrive here in the course of the next few weeks. TO WRITE OF BANK FAILURE An Account of the Commercial Bank at Hagerstown, by A. J. Spekenhier. REQUESTED BY JUDGE FOX PARTICULAR ATTENTION WILL BE GIVEN TO ALL THE DETAILS OF THE SETTLEMENT MADE BY RECEIVER. Although A: J. Spekenhier, receiver for the defunct Hagerstown Commercial bank has submitted his report of the moneys handled by him during his receivership, and was accepted, Judge-Fox has . requested him to pre pare an itemized report oi au ms work while connected with the setf tling of the hank's affairs. The whole work will mean a history of the bank from the time it started until the time tho last settlement was made. The move was made on the part of Judge Fox so that in case of dispute, or reference, the account could be turned to immediately. Postmaster Spekenhier was somewhat surprised at the request as it will entail a great amount of extra labor to complete it. Special statements and history of the overdrafts, notes and such will be made, making the statements of all in such form as to give a thorough knowledge of all CALLOWAY AND MAR.S0N TO FURNISH THE MUSIC Cambridge City, Feb., 5, (Spl.) Messrs Fred Foley and Cecil Winterstein of Richmond have engaged Messrs Callaway and Marson of thi3 city to furnish music for a private dance to be given in the I. O. O. F. hall at Richmond, tomorrow night. COMPLETE BLOCK SYSTEM SOON TO BE INSTALLED Richmond and Louisville Divisions of the " Panhandle to be Improved to Correspond With the Rest of the System. The announcement has been received in the Richmond offices that the Pennsylvania will soon complete the block system upon the Richmond di- ! vision, along with the unfinished portions of the Louisville division. Both divisions are thtj only ones along the entire Pennsylvania system which do not have complete block systems, blocks being installed at the present time only at the most dangerous portions of the road. When completed the Pennsylvania will then have a complete block system which will represent the expenditure ' of many thousands of dollars. I According to the statement from the superintendents office at the sta- ; tion yesterday the complete block sysi tern will be installed just as soon as the materials used are available. Already complete block systems have been installed on the Indianapolis and Pittsburg divisions and they were largely responsible for the quick moving of trains during the recent troubles all along the line, due to adverse weather conditions. It was a noticable fact that at that time all trains on the Richmond division en tering Richmond were behind sched-i ule time. Miss Cummings Improves. Miss Ruth Cummings of Richmond avenue. who lia1 been severely ill jwith chicken pox for several days, is j gradually improving

HISTORY

LEFT CITf WITH

THINGS OF VALUE Police are Hunting for A. A. Smith Who is Thought to be at Dayton, 0. HE ROBBED DR. SIMMONS WORKED IN HIS STORE AS A WATCH AND CLOCK SMITH AND WAS GOOD WORKMAN, BUT HAD LONG FINGERS. The local police have asued the Day ton authorities to arrest A. A. Smith, a splendid watch and clock smith, but one whose fingers are long. Smith worked two days at the store of Dr, Simmons, 526 Main street and when he left, he took along enough valu ables to pay for work he might have done for several weeks. Smith came to Richmond last week and on Tuesday went to work for Dr, Simmons, who runs the Success Loan company, and also has a jewelry store in connection with it. Smith was an expert workman, according to Dr. Simmons, and when he offered to gr in partnership, Dr. Simmons readily assented to the arrangement. Smith said that he had a number of tools in Cincinnati which he would go after, lie left Thursday, presumably for Cii ciunati, but after his departure, Dr. Simmons discovered that an $1S gold ring was missing, several watches, some watch crystals and a pair of rubber arctics, which were nearly new. Mrs. Mack, who clerks for Dr. Simmons, was at Dayton Sunday and saw Smith there. On coming homo she reported the fact to Dr. Simmons who tried to get a warrant from Prosecutor Jessup on Monday, but failed to do so and went to Dayton without it. He located his man, but the Dayton po lice would make no arrest unless they were shown a warrant for the man. Dr. Simmons returned here and yes terday he secured a warrant for Smith and the Dayton police were notified to place Smith under arrest. Smith, while here, stopped at-the Phillips house, on North. Sixth street, but there he paid his bill in full. UNENTITLED TO PAY AS COMMITTEEMEN Contention of the State in the State Life Insurance Company Inquiry. PROVISIONS OF BY-LAWS SHOWED THAT OFFICERS OF THE CONCERN SHOULD HAVE SERVED ON COMMITTEE WITHOUT EXTRA PAY. Indianapolis, Ind., Feb. 5. (Spl.) The contention of the state today in its oral inquiry into the affairs of the State Life Insurance company was that the company's officers A. M. Sweeney, president; Samuel Quinn, first vice-president, and V. S. Wynn, secretary, performed no duties as members of the executive committee that they should not have performed as executive officers, and that, therefore, they should not have drawn compensation for serving on this committee. It had been previously testified that the officers drew salaries as officers. executive committeemen and directors. The compensation each received as executive committeeman was charged up to the account of employes salaries and was so reported to the auditor of state in the annual statements filed by the company. The compensation given the officers for executive committeemen's services was first $2,000 a year; then it was included in the salaries paid the offi cers as officers and was not named in specific amounts. It was in this connection that it had previously been intimated by James W. Noel, who is conducting the examivation for the state, that the officers of the insurance company had made false statements to the auditor. The State Life officers, however, insisted that the duties of the executive committeemen were separate and apart from the duties performed by the tame men as officers. By-Laws Are Read. The reading of the by-laws became necessary, and it was found that these provided that the president, for instance, should act as chairman of the executive committee and preside over I its meetings; and that the' secretary should, In addition to specific duties perform such, duties as the board of directors or executive committee tuisht prescribe. .

THE WEATHER PROPHET.

OHIO & INDIANA Fafr Wednesday and Thursday, slowly rising temperature; light variable winds. BRIGGS SUCCEEDS DRYDEN GOES TO U. S. SENATE State Treasurer of New Jersey. Falls Heir to the Senatorial Toga of President of Prudential Life. Publishers Press. Trenton, X. J., Feb., . In consummation of the plans laid by the New Jersey republicans after the withdrawal from the senatorial race of John F. Dryden, the legislature .in joint session today elected State Treasurer Frank O. Briggs to succeed the president of the Prudential Life company in the United States senate. The joint session followed a republican caucus in which Briggs received 22 votes to IS. The election later was made unanimous. In the joint session, Briggs received 41 votes out of 78 cast. The democratic nominee. James E. Martin, received 33 votes. LOCAL LI000R MEN ARE STILL HOPEFUL They Depend on Lower House of Legislature to Kill the $1,000 License Bill. ARE THANKFUL TO PR0HIS IT IS SAID THAT THE INCREASED LICENSE WOULD DRIVE HALF OF THE SALOONS TN RICHMOND OUT OF BUSINESS. bill providing for a $1,000 liquor li cense, was the principal tonic of conversation among the local saloon men yesterday, and many of them were subjected to a "joshing;' at the hands of their patrons. The Impression seemed to prevail, however, that a substantial majority will be found voting against the measure when it is called up for passage in the house. "I am not at all alarmed over the situation" said a Main street liquor dealer last evening. "There is not the slightest danger that this bill will get through the house. The saloon men of the state, or at least those who have been actively engaged in the fight against the high license agitation have known exactly where they were at in this matter long before the general as seniDiy got togetner. mere are enough members of both parties in the house pledged against this meas ure to insure its defeat." This liquor man admitted that of the 47 saloons in Richmond, not more than half of them would be able to continue in business under a high license. He stated that as a matter of fact a great many of them were having a rather hard time to get along under the present law. In conclusion he said with a laugh, that the liquor dealers should extend the temperance people of Indiana a vote of thanks for the aid that they had been giving in the fight against a high license. KILLED IN AN EXPLOSION BAD ACCIDENT ON C. & 0. Three Railroad Employes, Engineer, Brakeman and Fireman, Meet In stant Death When the Engine Ex plodcs. Publishers Press. Lexington, Ky., Feb. 5. One engine of a double header freight train on the Chesapeake and Ohio railroad, exploded at Colby station today, killing George Harper, the engineer, a brakeman named Bedrey, and a fireman named Jones. GATHERING OF ICE BEGINS First Cut is 7'2 Inches in Thickness and Clear as a Crystal A Good Harvest. The work of cutting ice on the various ponds in the vicinity of Richmond, began In earnest yesterday, and if the present spell of weather contin ues for a few days, local dealers say they will be enabled to gather in a heavy harvest. The ice is of a fine quality, being IV2 inches in thickness and as clear as crystal.

COMMERCIAL CLUB ELECTS DIRECTORS

Messrs. Heironimus, Gennett, Gayle, Humpe, Jenkins, Kramer and Bartel Chosen. AN INTERESTING SESSION VIEWS OF THE CLUB ON METROPOLITAN POLICE LAW AND SHIPPERS' BILL WERE SET FORTH IN RESOLUTIONS. At rue regular monthly meeting of the Commercial club last night seven directors were elected to serve for a period of two years. There were about fifty members present when President Johnson called the meeting to order. H. A. Dill, who has consent ed to act as secretary, until a successor to Mr. Scott Is named, served In that capacity. Lewis Iliff, John F. McCarthy and F. C. Kibbey -were named to serve as judges of election while W. P. Haughton and II. A. Dill acted as clerks. There were two tickets in the field, prepared by a committee appointed for that purpose at the last meeting of the club. They were designated as "Ticket No. 1" and "Ticket No. 2." A secret ballot was taken with the result that the following were elected: N. C. Heironimus. Henry Gennett A. D. Gayle. K. J. Humpe. A. L. Jenkins. Clarence Kramer A. II. Bartel. The hold over directors are B. B. Johnson, Howard A. Dill, C. II. Knollenberg, N. Neff, Sharon E. Jones, Cash Heall, E. W. Craighead and John McCarthy. Shippers' Resolution. The committee to which was referred senate bill No. 195 for the further protection of the interests of t,hip' pers of freight throughout Indiana, and for the enlargement of the powers of the state railroad commission reported the following resolution which it asked the club to approve: "Resolved by the members of the Commercial club of Richmond. Ind., that we are in favor of such legislation as will give the Indiana railroad -con? mission, (enn,atek eadBiifncient ( Continued on Page Two.) BROOKLET FOUND WAY INTO COURT Of Its Water, Horses Would Not Drink When Ducks Swam Thereon. PEBBLES AND BUCKSHOT FARMER DAVIS THREW THE STONES AND FARMER STEMPLE THREATENED TO USE THE SHOT AND WAS FINED. A tiny brooklet pursues its way placidly between the farms of Charles Stemple and Floyd Davis, two miles southeast of the city, and when it is not covered with a coating of ice, a flock of ducks belonging to the form er, spend much time in gliding about in its clear and sparkling waters. Da vis waters his horses in this stream, and for some unaccountable reason these animals entertain a decidedly bitter feeling for the ducks, and abso lutely refuse to drink when they trespass on the Davis side of the stream. At least that is what Mr. Davis told Judge Converse yesterday morning when he appeared in the city court as prosecuting witness against his neigh bor. Davis said that he threw pebbles at the ducks in order to scare them away, and Stemple appeared on the scene with a shot gun, threatening to "fill him full of buckshot." Stemple admitted that the specta cle of Davis stoning his ducks made him very "sore but he said that the gun play" was just a bluff, and that he had no intention of shooting his neighbor. After hearing all the evidence the court assessed a fine of $1 and costs against Stemple. SMALL FIRE LAST NIGHT Blaze in Roof at 47 Sherman Street Caused by Sparks Falling from a Chimney. The fire deDartment was called to 47 Sherman street last evening to extlnguish a small blaze in the roof caused by sparks falling from the chimney. 1 Practically no damage was done.

LATESTDATE FEBRUARY 15

FOR C. C. & L. INTO CHICAGO Agents Along the Line of the Road Notified to Make Preparations for Selling Tickets to 'Windy City' That Date. en Anotner date has been announced for the entrance of the C. C. & I into Chicago that of February 15. Agents all along the line are being notified of that date as a certainty, and have been asked to make preparations for the sale of tickets into Chicago then. One of the new features of the C. C. & L. will be the suburban service they will offer between Chicago and Hani num. Regular trains will be run between these two points. Failed to Pay His Bill. W. B. Cox, proprietor of the Brunswick hotel made complaint at police headquarters yesterday that a man by the name of Otis had juwod his board bill. SWEARS HIS WIFE TOLD A FALSEHOOD Dr. Simpson, Alleged Slayer of Fatfier-in-Law Takes the Stand in Own Behalf. PROTESTS HIS INNOCENCE ATTORNEY DENOUNCES MRS. SIMPSON AS CREATURE WHO IS UNWORTHY TO BE CALLED WOMAN. Publishers' Press. New York, Feb., 5. Dr. James W. Simpson, the Fifth Avenue dent.st on trial at Riverhead, L. I., for the murder of his father-in-law, Bartley T. Horner, at their home in Northport,

in his ' own behalf and calmly but : ?me- ve such hazy technical in...s,a,ur nrntaBA m formation as to make his appearance

t killing was accidental, denied premeditation and denounced his wife who testified against him as a falsifier in certain vital testimony which she had given. His hearing throughout was that of a man confident of his case. When court convened Lawyer Manton, counsel for Simpson, moved for the dismissal of the indictment on the grounds that the prosecution had procured no evidence to show that the shooting was not accidental that) no motive for tho murder had been shown, and no proof that tho victim had been threatened by the son-in-law. Judge Kelley denied the motion. In his opening address for the defense Mr. Manton promised to prove that the shooting was accidental; denounced Mrs. Simpson as a creatur unworthy to be called ffoman. and declared that her sworn statement on the stand that, just previous to the shooting, Simpson looked into the shotgun to see if it was loaded, was absolutely false. TERM PRACTICALLY OVER A FEW ARE ' TAKING EXAMS Principal Ellabarger at High School Adopts. a New System for Getting Out Program of Recitation Which is an Improvement. The school term Is practically over at the high school only those that . A . , . , ... . . had to take back exammations bein3 there yesterday afternoon. The term has been an exceptionally fine one, some classes having done work above the average. The program for next term has been sent to the printer and will be ready the first of the week. Mr. Ellabarger adopted a new plan of preparing it this term and is meeting with better success. From the slips he had the two upper classes fill out the other day he has prepared a chart with the names of the students at the side and the studies at the top. After each name and under the suggested study he has put a check mark. When he assigned the classes if there was any. confusion the chart showed it at once and he was able to remedy it. MORE WORKMEN NEEDED Contractors at the Hoosier Drill Would Like to Secure Additional Working Force. The work on the new additions of the Hoosier Drill company are being pushed as fast as weather conditions will allow. The maaons and brick layers are still a scarce quantity and the contractors for the new building could use several according to the 1 ! statements of a workman yesterday.

ALLEGED EXPERT WILEY GETS INTO HOPELESS MUDDLE District Attorney Jerome Subjects Thaw's First Witness to the Most Merciless Fire of Cross Questioning.

DECIDEDLY BLUE DAY FOR SLAYER OF WHITE Delphln Delmas, Who Traveled Across Continent to Defend Young Millionaire, Displeased with Conduct of Case. r Publishers" Press. j New York, Feb. 5. With the first expert on Insanity called to the defense of Harry K. Thaw hopelessly muddled by District Attorney Jerouiw -in the most merciless cross examina-i tion of a man of science ever heard in the criminal courts building, with' testimony of Alfred Lee Thaw, a cousin of tho defendant and of Dr. John I. Deemar tending to show insanity in collateral lines of the Thaw family rejected as incompetent, and, with a threatened disagreement among counsel for the defense over , the progress of the case, the first day of tho examination of witnesses fof the Pittsburg millionaire was little short of disastrous from auy view- . point except that of District Attorney. Jerome. It was a bad day for Thaw. Thoso who heard tho examination could not help but contrast the business like, determined and straightforward conduct of the people's case yesterday with tho" ineffectual and rather ' purposeless development of tho case of the de-' fense today. More than this. Thaw's first witness. Dr. Charles J. Wiley, superintendent of the hospital for the insane at Pittsburg, qualified as an expert and then was shown by Mr. Jeran expert reanr laughable: Even Thaw himself joined in the amusement at the knots in which the district attorney, scintillating in his cleverness, tied the first witness for the defense. ' His manner changed towards the close of Dr. Wiley's tangled cross examination, and the defendant turned to another of his experts. Dr. Charles G. Wagner, suierintendent of the Binghampton, N. Y., asylum, and demanded in an audibly angry whisper: "Whw rfnaa Tno tost If it Ho 1riOn"t . kQow anvthfns about my ca8e any. how. I don't like this." Clifford V. Hartridge, one of Thaw's lawyers, said after Dr. Wiley, redfaced and flustered, had escaped from Mr. Jerome's scalpet, that Dr. Wiley had not been called as an expert, but only to testify to certain incidents which came tinder his observation, tending to show Thaw's mental condli tion. John B. Gleason, who made the opening address to the jury for the defense, and was given active charge of the case today, had, nevertheless, asked Dr. Wiley an hypothetical question embodying thaw's conduct and demeanor when ho killed White, and had supplemented it with an inquiry as to the witnesses opinion of Thaw's mental condition at that time. Dr. Wiley's answer was "I believe Harry Kendall Thaw was insane when he killed Stanford White on the 25th of June last." This gave Mr. Jerome his opportuni ty to flay Wiley. The district attorney displayed remarkable familiarity ith the anatomical assets of tho nervous system and with tho pathology of insanity. Dr. Wiley was Ignorant of the best known insanity tests, he was unfamiliar with the first authorities who have written on the subJ a WBlcQ he attempted to iestlfy and fell Into traps which the disby agk,ng queBtlona founded on scientific inaccuracies which the witness adopted in his answers. - Attorney Michael Delphln Delmas, the California trial lawyer who was brought across the continent to help defend Thaw, was plainly displeased with the day's work. After adjournment there was a conference of the Thaw lawyers, at which it is believed that Delmas was outsnoken in his criticism of the way Thaw's case is being handled. Rumors were circulated tonight that there might be one or more withdrawals by attorneys now appearing in the young milllonairo's behalf. While Dr. Wiley's rather ludicrous testimony on account of its long duration, was the apparent feature of to day's proceedings, the exclusion late this afternoon of testimony relating to insanity in collateral branches of tho Thaw family, was a blow to the defense which can hardly be overestimated. Attorney Gleason made a heroic effort to secure the admission of testimony showing that Alfred Leo Thaw's father, who was a first cousin of William Thaw, father of the d?fendant, died in an Insane asylum, The actual point of this testimony was oTrinAoA uttar the vnnst extended le. gal argument so far heard lu the trial on two gTonnds. It was rejected on the ground first, that the Insanity of 'Alfred Lee Thaw's father might hav