Richmond Palladium (Daily), Volume 32, Number 349, 30 January 1908 — Page 1

MOM) PAIXABIUM AMD SUN-TELEGRAM. VOL. XXXI I. NO. " HICII3IOND, IND.. TJICKSDAY KVKMNG, JAM AIiV :H. 1JMS. mc;li: for v. , cknts. COURT IS CROWDED TO HEAR LAST OF THE ARGUMENT CELEBRATION! ATTORNEYS IN THE WINDOW GLASS FACTORY BURNS Gas City, Ind., Has $100,000 Fire Loss COLORED MAN MAY KEEP VOTERS FROM CASTING BALLOTS KUHN ENTHUSIASTIC ATTORNEYS AGAIN KHAN -SMITH CASE HAVE TILT URGE A DECISION IN IMPORTANT CASE When Young Married Couple Were Entertaining Friends House Took Fire. Richmond's Candidate for Governor Is Making Active Canvass of State.

THE

RICH

MARS

Jerome Began Speech This Morning and Described Crime and Verdicts That Might Be Returned.

SENSATION AS HE DEPICTED SHOOTING. Waved Revolver Aloft and De dared Thaw Was Responsi : ble on Night of Shooting and There Was But One Verdict. New York. Jan. '.".. The court was crowded with people who wished to hear Jerome make bin closing statement in the Thaw trial this morning. He complimented the jury on ihe attention it. had si ven the case. Hp claimed the great question is. was Thaw insane on the roof garden the night of the crime. Murder, lie said, in the first degree must- he premedili'tecl. If the evidence shows a design to kill, but hicks d lint rat ion, then it is murder in the second degree. He said the jury could not return a. verdict of manslaughter because a, revolver was used. Jerome, declared that the. motive for the crime v as the story Hiat White had wronged Kvelju and had threatened to kill Thaw. WiMi jealousy and hate and a. revolver in his pocket, no other motive for the sensational shooting was needed. Jerome reacted the scene of the tragedy by snapping a revolver and holding: it aloft, declared Thaw was respontiblo on the night of the shooting and haid there can he but one verdict. For almost four hours yesterday Martin W. Littleton stood in the foru in of the Criminal Court defending Harry Thaw for the murder of Stanford White. Seldom has a. summing up been so masterful or forceful when the materials of its construction are considered. yr. Littleton fastened upon the minds of the jury the facts of the murder as neon from his standpoint. Link by link he broke the chain of testimony hanging about the neck of the defendant. Witness after witness was trussed upon the lance of the speaker's oratory, riddled and cast aside. It was the one great day for the defense. The aged .Mrs. Thaw listened, and a faint smile came into her bloodless features. Later on she wept. Her daughter. Mrs. George Lauder Carnegie, seemed upborne on the wings of hope. Josiah Thaw's sallow facetook on a look that was almost bright. Harry Thaw seemed to inhale the odors of the lug cafes along Broadway, to feel the power of his bottomless purse, and to soar aloft on the worn wings of his life's despair. Young Mrs. Thaw sat in her old peat with the family and heard it all. It would have been interesting to know the thoughts that filtered through her small, alert mind as site listened to the sledge-hammer blows delivered in her behalf ly her husland's counsel. She alone Knew whether or not they were gvmnastics of unt ; nth, or whether the hot metal on the nnvil, so prodigiously hammered by Littleton, was pure gold or base alloy. She gave no sign. Mr. Littleton said that h'v would fliow that the plea of insanity was not invented that it was hereditary on Thaw's part. He said: "His brain was affected with a fever at S months, and to the age of ."0 years he has been passing on and out of the sunlight and shadow of this life until he finds himself before this jury." Pleads for Thaw. Mr. Littleton said he asked nothing more than that the jury should observe, in reaching its verdict, the ordinary rides of any ordinary trial in an ordinal':.- Court of an American comnnruity. He cautioned the jurors to keep clearly before them the fact that ihe presumption of iuiioe-iK-c is always with the defendant until he was proved guilty. At some length Mr. Littleton explained the doctrine of reasonable doubt. "In a case of this kind." he su' 1. ''where insanity is the plea, it is not. incumbent upon counsel for the defense to establish the defendant's in-s;-,nity beyond a reasonable debt, although I think I can point out to you that wo hae done all of that. The law places the burden on the Prosecutor to prove to yon beyond all reasonable doubt that the defendant was sane." With impressive strength of presentation Mr. Littleton reviewed Harry Thaw's history from the time of the pre-natal incident, when his mother, in the middle of the night, put out her hand in bed to feel the cold features of a child who had suddenly died, down to the day of the tragedy. "This boy," he said, "took on the lu-ooding. the very melancholy which came to the mother that fearful night. 1 may he blinded by partisanship, but, gentlemen, can't you see with me that this d-?fans? no thing born of un exigency, to see that injustice is done or that a murder may be- covered, but born instead of the very history of this boy." reviewing the evidence in detail nLjjcuiriD the devotion ,of the old

WAS BURNED TO GROUND.

Cent.erville. Jan. .". The home of Henry Petty, a short distance from Centerville burned to the ground lant veiling. The blaze started from a defective flue. This fire interrupted the celebration of the wedding of young Mr. Petty and Miss Mollie Burlis. who were married yesterday noon. The fire started on the roof and rapidly spread to all parts of the house. There was absolutely no way for the people in the house to fight the blaze, so all their efforts were confined to saving the household effects. Nearly all these goods were rescued from t heflames. The house was a frame structure of eleven rooms. Mr. Petty states that he had .2,ooO insurance on the building and the barn. The blaze did not spread to the barn. ELECTION BETS CAN NOT BE POSTED IN THIS CITY NOW For the First Time in Richmond's History Cigar Stores Are Forbidden to Operate Betting Boards. IS IT THE ACTION OF CENTRAL COMMITTEE? Although Its Members Deny The Truth of the Assertion It Is Generally Conceded the Committee Is Responsible. "The lid is on. Nothing doing." This sign on a. betting board in a local cigar store greets the eye of everyone who enters the placo. It is a concise, if somewhat slungj statement of the extremity the "pure election" movement has reached. Yesterday Chief Bailey and Prosecutor Jessup decided that election betting should not be permitted, a thing tinheard of even in Kiehmnnd. "olice officers were notifieded" the ed.ct and as a result they visited every cigar store in the city yesterday afternoon and warned the proprietors that, they would not be permitted to post election bets. There have been but few bets on the result of the republican primary election posted up to the present time so that the cigar store men did not. have much trouble in returning all money posted. It was the impression that the police suppressed election betting at the request of the republican county central committee. The committee, however, had nothing to do with the order, but it is pleased over the action taken by ti.e authorities. The various candidates are also pleased over the anti-betting edict. This method is regarded as unfair. People taking short ends of bets are influenced to work and resort to prohibited methods in securing votes for the candidates they nave placed their money on. nurses and schoolteachers who had come from afar to give their testimony Mr. Littleton said: "Gentlemen, you who look and listen in sincerity, may read in the footprints of the bov the course which led him through London. I Rome. Monte Carlo and New York in after life." A Venerable Witness. Mr. Littleton dwelt at length upon the testimony of Abraham Beck, the old school-teacher from Pennsylvania. "That testimony would mean something to me if I were sitting on a jury." declared the attorney. "There is io more honorable man in all Pennsylvania than old man Beck. His testimony was all his own given in his own language it was no rehearsal when he told you what he did. No power on earth could have induced that honorable old gentleman, now tottering m ar the other side, to aid in deception, to have a hand in a murder. "Can such evidence as this be answered to the satisfaction of you, gentlemen, by the sneers of the District Attorney? hot the prosecution, if they have no testimony, say so and forever silence their sneers and insinuations." Mr. Littleton also laid great stress upon the letter Mr. Peck received from Mrs. William Thaw in 1 when she said she feared the boy's mind was affecte-d and begged the old teacher to bear with him a little longer, for she did not know what to suggest. "When the mother hr.d appeared here he-fore yon and had left the wi--I'.es-; stand." Mr. Littleton proceeded, "i he district attorney read the affivavu she made in a ce; tain proceeding at the last trial. Mr. Jerome sough (.Continued on rage. Seven.)

Glimpse at the Testimony Which Will Be Offered by Both Defense and Prosecution Was Gained Today.

MRS. SMITH WANTED TO PUNISH MR. VAUGHAN. According to Testimony Taken In Deposition She Asked the Return of Her Love Letters As a Blow at Him. , Henry U. Johnson and John F. Hobbins, attorneys for the plaintiff in the case of .Susan J. Smith against John D. Vaughun, intimated this morning to T. J. Study, attorney for the defendant, that, they would ask that the case be taken from this county on a change of venue. Mr. Study insisted that the case be heard in the Wayne circuit, court and it is probable that the attorneys for Mrs. Smith will consent to this arrangement. Mr. Study wants the case to bo tried the first of March. While the attorneys were disputing, where the. case should be tried, sij sharp but good-natured exchange of words took place, Mr. Study violently I defending himself against, the cuts ! and thrusts of his two clever opponents. In the course of this "kiddiuk match", interested reporters gained some insight, into the testimony that will be introduced in the case. Mr. John.-on sarcastically described the discomfort ure of Mr. St udy when Mr. Vaughan testified at the time his deposition was taken that ho had never made love to Mrs. Smith, kissed her. called her endearing names or had asked her to marry him. "Wo can prove in a hundred ways that he did all of these things," jeered Mr. Robbins. "When Mrs. Smith gave her testimony I don't think it was the temperature of the room that gave you the cold feet," shot back Mr. Study to Mr. Johnson. "I think your feet became chilled when Mrs. Smith stated that she had asked Mr. Vaughan to return all her letters. You remember she said that she did this because she wished to punish him." " Mr. Study referred to the fact that vauehfln I taken, stated that she and were to have been married October 6 i lftOC. Mr. Study stated that he could prove the woman never came to Rich-! mond. where the ceremony was to; have been iierfnrmert on ih.it Hute :inr1 that Vaughan had never seen her! again until last fall when she went to i his home to demand payment, to recompense her for alleged breach of j promise. It will be alleged in the trial by the defense, that Mrs. Smith frequently entertained men at her home. The defense will also place Mrs. Smith's two daughters on the stand to testify what, took place at the home when they and their mother lived in Richmond. WORRIEDJVER WHEAT Winter Has Been So Mild That Plants Have Advanced. Farmers in Wayne county are worried over their wheat crops. They say that the winter has been so mild this year and the plants have i advanced to such a state that severe j cold weather unless accompanied with a good snow, will greatly damage the growing crop. MINERS' CONFERENCE OPENED TODAY Question of Wages Involved in Discussion. Indianapolis. Ind.. Jan. V. A conference of the coal miners' committee and operators representing competitive fields was opened here this morning and it is thought the question of wasres was involved, although leaders deny this. Ohio and Indiana operators favor the old scale and it is believed the miners will not attempt to force an increase now. RUN ON BANK. New York. Jan. :'. A run was starfed on the. Oriental bank this morn ins. Offiiials say th promptly iuC demands will be ,

FARMERS NOW

Marion, Ind.. Jan. iW. Fire today destroyed the Diamond Glass Windowfactory at Gas City. The loss will reach a hundred thousand.

FOOR MEN ARE HELD FOR MURDER Crime Was Committed Three Years Ago, Ft. Wayne. Ind. morning Herman Jan. :;t Early this Mille. John Stout and John Baker were arrested in their homes in Woodburn, charged with complicity in the murder of Town Marshal John Levy near the city on June 7, 1005. Fred Saduet. similarly charged, was caught today at Cadillac, Mich. CRIMINAL NEGLIGENCE CHARGED BY JURY Has Been Investigating Boyertown Fire. Rogertown. l'a., Jan. o0 The jury investigating the tire at the Rhoades opera house, in which 1 til lives were lost, reported this morning. It was of the opinion that Deputy Factory Inspector Harry Bechtel and Mrs. Monroe, owner of the stereopticon should be prosecuted for criminal negligence. WAR THREATENED BY THE CHINESE Rushing Munitions of War to Middle Island. Pekin. China, Jan. 30.--The Chinese ! government is: rushing munitions of j war to Middle Island, which is openly I claimed by Japan. China is determin- ; ed not. to yield and grave eomplieai tions are feared. COLD WAVE IS PROVING FATAL Two Are Dead and Many Dying In New York. Xew York. Jan. SO. The cold wave reigning here is spreading death and intense suffering. Two are dead and ev-ril1 Persons are reported dying as a direct result. A cold blizzard is scheduled for Friday, following by warmer weather. The cold spell has caught the whole country. Up at Minnedosa, Manitoba it is thirty-six degrees below zero. VANDERBILT BOYS HISTORIC FLAG American Banner in Engagement of 1813. London, Eng., Jan. ."0 Flag: of the American warship Chesapeake, captured in the fight with the British ship Shannon in IS 13, was bought at public auction today for Cornelius Vanderbilt. He paid $1,250. REV, DANIELS NEAR DEATH'S DOOR Former Richmond Pastors Demise Expected. Decatur. Ind.. Jan. SO. Rev. W. II. Daniels, one of the best known and most widely beloved men of this city and state, is lying at the point of death and the end may coma at any moment. He has been 111 for many months, but seemed to be holding Lis own until last Saturday, when the turn for the worse came. Since then he has been unconscious a greater portion of the time and loved ones have practically given up hope. He suffers from a lack of vitality, his condition being similar to that of a person ninety years old. The Rev. Mr. Daniels was at one time pastor of the rir-st MethodiM church, thi city. !THE WEATHER PROPHET. INDIANA Net so cold tonight in ; north and central portion; Friday,' vew and warmer.

Asserted That Hundreds Will

Refuse to Vote for Candi-I ! dates for Township Trustee ! Because of Dennis. IS IN THE RACE TO THE FINISH, HIS STATEMENT Under No Circumstances Will He Withdraw to Relieve Situation Democrats Hopeful of Electing a Man. The greatest interest that is being taken in the present campaign, revolves about the fight for trustee of Wayne township. This interest reached ihe boiling point last Saturday when Walter Dennis, a well known colored man, announced his candidacy. On the streets today politicianswere stating that many people ha said that they would riot cast a ballot for township trustee to avoid supporting Dennis in case of his nomination. Democratic leatiers are freely predicting the nomination of Dennis, in which event, they state a white democratic candidate will be placed in the field against him. Dennis said today that there was positively no ground for the report that he would withdraw from the race under pressure. "I am in the fight from start, to finish," he remarked. He has the colored vote, of the township well organized although two or three of the colored party leaders are fighting against him because they were not consulted by him before announcing his candidacv. RATLIFF DIVORCE HEARING SOON To Be Tried in Circuit Court, February 12. The divorce case of Ruth Anne Hunt Ratliff against Joseph Ratliff will be heard in the circuit, court Wednesday February TJ. The principals are prominent members of the local Hicksite Friends meeting. TO PENITENTIARY FOR AUTO ACCIDENT I Man Killed Another and Gets Punishment. Newark, N. J.. Jan. :u.- Dr. Walter H. Morris, a young dentist, whose automobile ran over and killed Marcus J. Jacobs, a theatrical manager, here, last September, was today sentenced to serve K months in the penitentiary. RAILROADS TO DEFY TWO-CENT LAW Say Requirements Are Confiscatory. Pittsburg. Pa.. Jan. .. Railroads centering in Pittsburg, including the Pennsylvania Lines -nest, which arecot affected by the recent Pennsylvania Railroad supreme court decision, are preparing to defy the two-cent fare law on the principle that its requirements are confiscatory. MRS. PENNY BETTER. Mrs. Robert L. Penny of Last Gerruantown, who has been very ill with i grip and congestion of the lungs, at the home of her .-on, Harry E. Penny is slowly improving.

Wlhee Yom Want What You WamtGet It! Do you ever say to yourself, "I want such and such a thing?" If you never do you are hardly human for there are mighty fr.w who do not make use of that expression many times each day. Next time you want something, get it and the way to get it is to make use of the Classified Advertising columns of the Palladium. Put a Want Ad. in the Palladium expressing concisely what you want, and ft is a ten to one shot ycu will get it. Just for instance, Mrs. X wanted to sell a set of furs and on last Friday Inserted a For Sale advertisement in the Palladium to that effect. Result, she sold the furs on Saturday, or in less

Than rwer.ty-iour hours from the time she first made known her warit through this paper. Practically anything you can want can be supplied in the sbortett possible time by the us of a Palladium Classified Advertisement. Just mm to page seven of thi.s paper and glance over today's Classified Advertisements. Thxy are interesting reading.

f

GAINING IN STRENGTH.

The Hev. Mr. ,m-,i.d- candidal 1'. H. Knhn. Kichfor the dciuovratie. j nomination tor governor. wu in me city today for a brief respite from the hard campaign he has been making. Mr. Kuhn is enthusiastic over the outlook and states that ho is confident that he will be the gubernatorial nominee of his party. He say t hat he receives letters daily from all parts of the state assuring him of support from prominent democratic leaders. Mr. Kuhn has been well over the state, but has not vet completed his canvass. Everywhere he goes he Js given- an enthusiastic reception and receives pledges of support. ALL ORDINANCES PASSED BY COUNCIL MAY BE INVALID Not a Single Measure Passed Since 1905, Is Considered Legal by Prosecutor Jessup Owing to Signatures. WILL MEAN MUCH TO THE CITY IN TRACTION CASE. The One Prohibiting the Operation of Freight Cars on Main Street in Danger Fifty Others Threatened. Arc all Richmond ordinances passed by city council since Kmc, t lainvalid? This interesting question now confronts the city officers. If Wilfred Jessup, attorney for C. It. Hunt, has the point raised by him in the meat inspection ordinance case sustained by the superior courts it will mean that all local ordinances in effect since r.t0." are null and void. Like the meat inspection ordinance, they have been spread on the city record book but have not been signed on this book by the mayor. The signature of the tnaor on all ordinances contained in the record book is in typewriting, made- by the city clerk. Mr. Jessqp contends that the act of r.0r requires the mayor to sign all ordinances in the record book in his own handwrit iter. The most, important ordinance threatened by the contention made by Mr. Jessup, is the one which prohibits the operation of freight cars on Main street. From this ordinance has sprung all the fouble and litigation the city and ti.e T. H. I. k K. traction company are now involved. Over fifty other ordinances are threatened and to legalize them council would he called uihjii to consider them again so that they could once more be placed on the record book and proix rly signed by the mayor. City officers are confident that the question raised by Mr. Jessup will not be sustained. FELLOWS TO GO TO ECONOMY Local Whitewater Lodge Degree Team to Give Work. Saturday night the degree team of the Whitewater lodge. I. O. O. F.. will go to Economy, where it will work on a large class. Many local Odd Fellows will accompany the team. A sjtetial train will Pave Richmond on tLe C, C. & L.. at. ;:., o'clock and will return at midnight. Delegations from Webster and Williamsburg will attend this meeting.

Judge Converse Still Has the Question of the Validity of The Meat Inspection Ordinance Under Advisement.

CITY ATTORNEY STUDY FLAYED GROCER HUNT. Said That Men Who Thought More of a Few Dollars Than General Public Health Could Always Be Found. "You will alwavs find a few penuywhistlers who think more of making two or three dollars than they do uf the general health of the community. ' This if, the May City Attorney T. J. Study characterized C. It. Hunt, the Main street grocer, in his argument on the validity of the meat inspection ordinance made yct-terday afternoon before Judge Converse in the city courtMr. Hunt a recently arrested fop telling uuint-pected sausages and at tnat time he stated that he intended to test the validity of the meat iusp ction onlinatu-e. Wilfred Jessup. Hunt, argued that become invalidated atorucy for Mr. the ordinance hail because the oi (it nance had not been properly attested to by the city clerk or signed by the mayor on the record books, as provided in the acts of l!xC. Mr. Jessup said thai the point in controversy had never Ken raised before and that all the authorities cited bv Mr. Study had been tm.de prior to llmr. He held that this ordinance was a sample of the slip shod methods in which the, city council and the city officers transacted business. Mr. Jegj-up said that prior to l!oT. the law had never required the mayor of a city to dgu an ordinance after it had been spreadon the rcitird's but now thi.s procedure was necessary ti make the ordinance valid. Mr. Study in his argument, contended that as soon as an ordinance had beu passed ami signed by the mayor it became effective. "The city clerk cannot record the ordinance until it is properly signed by the mayor," lie said. Mr. Study then quoted several authorities on the question, anion;; them being the Indiana aupreine court which ruled in a Muncio. cane similar to the one in question. This decision was to the effect that if an ordinance had been properly passed it was effective even t bough it was not signed by the mayor or attested to by th clerk on the city record?. Mr. Studycontended that the record book was a mere directory. Mr. Study severely attacked deahn who were opposed to the meat inspection ordinance. H stated that they little cared whether or not the public ate meat affected with tubercular tferms. Mr. Study and Jessup both j begged the court to rule immediately Ion the ca.-e. stating that no matter. I what hir decision was. it would be api pealed to the circuit court. Jud.q Converse rt fused to make a ruling until he had cont-idered the case. One amusing incident occurred duriiig the argument. Mr. Study, in il- ! lustratiug a ioiut aed the court to j "suppose" he s;tndy was the mayor. "That's what thought you are." t.iid I Attorney Jessup. Mayor Scblllinser. ' who was an interested spectator, turn ed rosy red and the big crowd laughed merrily. During the argument made by Mr. Jessup he was constantly interrupted by Mr. Study. Mr. Hunt became provoked at these tactics nd finally, jumping to his feet, demanded to know if the city attorney had a right to do this. "Sit down. Mr. Hunt. That is a point for the two attorneys to settle among themselves. " thundrn-d the court. Judge Converse will make hia ruling on the cas-- next Monday. WEBSTER WITNESSES MSHIPMEIT Residents Turned Out En Masse for Event. The completion of the C. C. &. I switch at Webster, was observed yesterday by the residents of the little town, who turned out enmasse. to witness the loading of the first freight shipment ever made from Webster. This shipment was a car load of hogs, uninspected. They will he shipped east to an untimely end. WOOD TO SPEAK. John W. Wood of Xew York Cirr. Who will deliver an adlr3 at the ! English Opera flon.-e in Indianapolis 1 Sunday night, will also spak here Sunday morning at S'. Paul's Kpiscopal church. Mr. Wood is a prominent nember of that church.