Richmond Palladium (Daily), Volume 33, Number 67, 22 April 1908 — Page 1

DAI LABI AIMD SUN-TELEGRAM. nrOL. xxxin. o.(;;. RICHMOND, IND., KDNESDA V EVENING, A PIN L . 1MS.

JS JOHN VAUGHAN AS TIMID A LOVER AS IS ALLEGED?

sAttorney Study Thinks He Could Not Be Timid ana Act in Mrs. Smith's Home As Witnesses Stated. ARGUMENTS CLOSED LATE THIS AFTERNOON. attorneys Eloquently Presented Their Case in Closing the Trial and Judge Fox Carefully Instructed Jury.

Argument was completed in the lagan was arrested this morning tor jsmith-Vaughan breach of promise easel1"' murder of Mat Hurley last nigh!, tth i nftcrnoon and the jury was given j ----- ------

.the question to decide about -l:l!e (o'clock. There has not been a case ffceard in Wayne circuit court in recent. Ijears in which there was arrayed such iD claws of legal talent as has been inTolved in this pro ceding. Neither has there been a case in which such pplendid argument was presented by j counsel of both litigants. Following 1he arguments, the court read the infill ItLI I'un I J I LIT Jill. I III II I lift llir fjttry win tanor witn me question is i.iere.Y a matter ol conjecture. I he time lias neen estimated at various periods, but it Is likely that unless a disagreement arises that prevails to 4 Ik. utiil twt fi ii i' oi'fliit IfDi'.tli .if t inia ''ill he required. The unexpected turn in the state of pffairs that arose yesterday afternoon Jirecipitated matters and Henry I". .Tohnson was called upon to open the prpiniPiil for the plaintiff when unprepared. He met the emergency in a : capable manner, however, and presented the details of the case in a clear and loctcal manner. He referred in particular to the claims advanced by the .plaintiff that John l. Vanghan. the defendant, had promised to marry her at various intervals, and it was because ?of this fact, she submitted to his eraTiracrp and terms of endearment as re ferred to in the evidence. The court allowed each member of rounsel two hours for argument and Mr. .Tohnson consumed all the time of yesterday afternoon, following the announcement of the defense that it rested is ("sc. Mr. Johnson said in part: "Owing to the destruction of my library fire and the loss of my legal home a'nd the demands of other clients. I have been unable to prepare a chronological review of this case. I 'rlo feel, however, sufficiently conversant with the details to relate to you Ihe facts and certainties of the case. "When a man promises to marry a viimaii and later tweaks that promise, 1 he woman has legal right to secure! damages. She lias the right to ask and demand from magnanimous justice Ihat just damages Tie accorded her. Vhat Is this case. "The plaintiff has averred this man 'promised to marry her. The defend iint says he did not. That is the question in this case. There is no defense ln this case except from the one man. iVho is accused of the wrong. T proijiose to put this cane before you hy the process of elimination. We will set down To bed rock by taking out the 'testimony of the witnesses brought in 'jtere by the defense. Can't Believe Vaughan. "I propose to demonstrate to you you can't believe ope word of the testimony of John Yaughan. I don't want to call him a liar, hut 1 propose to prove to you in a parliamentary manner that that man has not represented The truth to you." Mr. Johnson stated there was the probability of an error of omission in the telephone companv's report. which did not show a toll charge i figainst Mr. Yaughans telephone the use as testified to ,by wiimsse for ! tor the plaintiff. He reviewed in detail the points of the evidence as brought out by witnesses Particular attention was paid the letters alleged to have been written Mrs. Smith b Mr. Yaughan. The jury was asked to consider the testimony as preserved hy Miss Rode, the fcouse keeper, as that of a woman who )ad been employed for fourteen years Vy the defendant and desired to con tinue in ine position. Repeatedly in his argument Mr. Johnson made the assort ion Mr Vaughan had perjured him.-rlf on the; witness stand in offering Ustiuioin as he did. j JessuD Opens Defense. Wilfred .lessup opened the argu-' rient for the defense this mornimr. ! )fe said:

"The burden of proof to move to',ook "P " sub.ieet of complaints as the jury the contract sued noon rests '. tJw'e!t "l,on b' lr- Jessup and claimed tipon the plaintiff. Ii a etni ract I tuH second complaint was made to of no greater sanctity because ni irri-! re;u! TO conform to evidence ihat .Mr.

nge is concerned than any other into;

vhicb neonle enici w m., ..lgina! eoru'ilaint w:is; fMed.

course reiv niMiniv nn , h ..j I - ---- - " . - - -. .-- i r.-uui'U - . of tin plaintiff. Testimony Changed. "I would call your attention to the original complaint in this case. It - -1 V. I . 1 . j f ' , j '!! I'litiiM in! oi iiaiiK vear. man ........ mull rf Mr. Kohbins ox penance would not fcraw up such, a cocujUmt without a

THAW FAMILY FIGHT HARRY S RELEASE

Effort to Secure Freedom Is! Not Liked. New York. April 2:.' Mrs. Win. Thau- is prostrated by the ne-ws thai Harry Thaw is moving to secure hi? rele;i se from Matteawan ami the whole Thaw family is today preparing to limit to r-v -ii r his liberation. The fact liHiHtii known today thai Thaw has ?120,biu secreted alter the first trial which he inte ndcd to bu spent for his freedom. TORE UP JAIL FLOOR. Marietta, O . April 22. Frank Greene and Peter Ritchie tore tip the floor with an iron bar and escaped from jail early this morning. Other prisoners refused to fro. MURDERER CAUGHT. Newark, ().. April 22. (le-orgo Karpurpose. Then take thrplaint. It is subsequent tails. It did not "anuear until last Saturday. Tht second comin all its dein this '"isc testimony in this case has been clvmi'fd tiie trial will b-ar and the me out. i record ot j The- complaint upon which you are j asked lo render decision was not in I this ca.-e until you had heard a week's evidence. "Had John Vaughan ai any specific his oil th of marriage to she would have rememi t inie broken i i this woman. J ( j j !ate. That is one thing no woman ever forgets. It was not until SaMI,.f,ay lnornin th:,t she grasped a I jtne ont straw and changed her testi mony for the purpose of calking the sinking ship." were EJCfiiyri i riy vvuimci. Mr. .lessup denied the probability of Mr. Vaug:ian proposing to Mrs. Smith the evening of June 1! and the next morning writing to her and relinking her for the treatment of her familv and savins he cared for only her esteem-. He spoke of Mrs. Smith and Mrs. IMttsford as "two designing women." It was charged the famous 1-tter I 80iii by me colored boy was one that. had to lie explained as it did not dove j tail in wilh the rest of the other evidence, so a story was made up about it. It was uiciured ihat Mrs. Smith .wanted to marry Mr. aughan and soon afterward come into possession of his property as he is an aged man and one who was likely lo die ac. almost any time. "1 wonder why ihey didn't pack him up, kidnap him and take him down to Covington and marry him." said Mr. .lessup. Ii is niaiiiitactiired testimony It was John Yanghaii's money ihey wanted, not his love. These little presents to the girls do not indicate Mr. Vanghan intended to marry the mot .km . Why if such lie th case John Robbins would be in trouble any day. Why Mrs. Jessuo would have cause for alienation of affection, as I. mo. am guilty." Mr. Yauehati was termed the chainpton lover of Wayne county and the rival of I?. P. Ilobson tor championship Kissing honors. Mr. Study, following Mr. .lessup for the defense said- "Gentlemen, all t hearing t.ie argument of my associate counsel in this case I feel almost dis posed to submit it for your consideration without further remarks, except' thos" lo be made hy Mr. Robbins." i He said a breach of promise case t" seldom comes inio conn in this en- j tgiitetieu nee aunouiih Hie same laws exist as those which covered such oases years ago 11,. said it wa-- to f him at; unpleasant law suit and he had no special desire to get into it, but ! as he was' in he was there for tho : fiht. He stated the facts disc'u. sed by the plaintiff made him wonde- how , any woman could lay them baie heiore I I a court. j The attorney said Mrs. S'mith claimled to have been a dress maker bur he did not see how on earth they could have engaged in ihat line of work, while such things were being transacted in her rooms as had been ies;ined to. If the fair name of these gi.ls is tarnished by this law suit, who to lis to blame, who brought tiiem here but their mot'iei-?" asked Mr. Study. "If John Yaughan carressed and cmbraced ibis wnnviir. she s ibmitte-d :o it. ! Think of it if this woman walked up the street and John Yaunhan had his ; arm about ler, tei me was this trvini: to conceal the fact he was going with her" My God. it' John Yaughan acted' j as he did in their house what do they' mean by calling him a timid lov. v. I d like to know their ideas about a lover. "Without any reflection on Mrs. Smith. I must say she seems very fond to have men around her. He'-e's the test iniony of a ipan at Wi'.lian'iort and he pays he played cards w ith Mrs. Smith." Mr. St'..dv asked if the tes- ' m:iy of the plaintiff s witness was ivon ;U1 'after co'ev- ...n,1 stated if it jwcre i: was too .ligh'o co hi red. He Keibbins knew no: bins of when Gk? or-

The closine areument for the n!a.'n.:ras practically all been taken

tiff was made by Mr. Robbins. He de- ! clared the issues of the case had been ' stated plainly and specifically and ask-, led for a judgment for his client. He i called attention to the fact that it had j ; become r.ecessarv for Mrs. Smith to ' - r " ' " . : hecorne neeesnrv fr.- Mrs Q,,---!, (.Continued oa -Page Four.)

BOILERS EXPLODE. CARRYING SUFFERING

Three Men Fr.tajly Scalded Today N'f'v York, .pril 22. Three men wen- fatally scalded and six others injured by the bursting of a boiler in! the Kdison power house this morning. FALSEECONOMY MA! STAND IN THE WAY Recommendations of Miller May Not Be Sanctioned By Board of Works. TO ACT SOON, HOWEVER. PRESIDENT STAUBACH SAYS THAT VARIOUS IMPROVEMENTS WILL BE DISCUSSED COMMERCIAL CLUB MAY ACT. President George board of public wot rflaubaeli of It'

ks stated today t hat ! sisted "John Doe." The prosecutor the board will take!,!u" sked that the case be continued

in the near future action on the recommendation of Eire Chief Miller, for an increase in the ef fectiveness of the fire depart incut and for the establishment of an-additional water main from the water works pumping station into the city. Whether the city could compel the wafer works company to establish an additional main is a question. It is the general opinion ihat unless the water works company desires to make this improvement, the city will be compelled to build the maiif- at its own expense. This improvement will cost several thousands of dollars, but the business men of the city feel that it will be money well spent. j Because, of ihe economy the city ad-! ministration has been practicing for j the past two years, there is some doubt ! as to whether the board of public works will take favorable action on the j recommendations of Chief Miller. j It is known ihat Chief Miller is of ! the opinion that an additional hose! company should be added to the department, but that he did not ask for this addititui because he knew the board would frown upon the suggestion. Th'1 addition of a modern fire engine and an aeiial truck and the placing of Gla.zer nozzles on all hose. : wincn impiovemenis e nici .Miner asK.s for. are the ones which he believes there is an imperative demand for. Today Richmond has one of the smallest fire department of any city its size in the country, at the same lime what department, the city docs boast of is an excellent one in every respect. It is probable that at the next meeting of the Richmond Commercial club, action will be taken toward recommending a better fire protection for the city. STANDARD FIDE IS NEVER TO BE PAID Member of Department of Justice Talks of Landis's Punishment. MAY NOT PUSH COLLECTION HINTED ON ALL SIDES THAT FORCE WILL NOT BE USED BY GOVERNMENT TO GET MONEY DOUBTS WISDOM OF MOVE. Washington. D. C. April - "You will be safe in stating that the S2'.. ".- tsi.Mnn fine assessed against the Standda rd Oil company by Judge lindis at Chicago, will never be paid." said a representative of the department of ; justice. "No. I can not say what kind ' of a settlement will be made," contin-l tied this man. "but it is already well : understood the fine will never be I paid." ( For .-onie time ;here have he-n hints from authoritative sources that the government would not press for the1 payment of the fine. Persons who are : chise to the attorney general have an; impression that he doubts the wisdom of attempting to collect the money. For 1 some months the entire campaign 1 against the Standard has been quiet., but persons competent to speak, say ! this does not mean that the government has any thought of abandoning ' its suit to have the corporation dis-j i solved. The testimony In this ease ana it ls tCe expectation to have the case: come to ,rial at St- 1-J,,is some time this H,ricP or summer. It has been j suggested that perhaps the trial might j bp postponed until afrer the election. bm if ,h department of justice has v. ir ellf if . any tnongct of pursuing such a cour&e U dots boi MJT..M ftt ih.it

STILL REFUSES CHRISTIANS' FOOD

Swarthy Turk Held in Custoqfy Appears in Court Looking Disconsolate. COURT MOVED TO MIRTH. ONE OF MEN UNDER ARREST SAYS "NO" WHEN ASKED IF HE UNDERSTANDS ENGLISHHEARING THIS AFTERNOON. ".loll n Doe" and " Richard Roe." the two foreigner arrested yesterday for a violation of "the fish and game law. seining in the Whitewater, appeared in the city court this morning to answer the charge placed against them. Owing to the fact that their interpreter vas not on hand the hearing of the case was postponed until late this afternoon. "Do you men understand English, askexl t he prosecutor. "No sir." repiied "John Doe." This I caused even the stern court to let forth a few ripples of merriment. "How did you know what I said if you kn't understand English?" continued Prosecutor .lessup. "We don't i iiMfliis:1:nul Tlinl tn-t nnl " noiuntil the interpreter could be secured. ".John Doe" is a swarthy looking Greek from the province of Macedonia, j consequently he is a Christian "Kichard Roe" is a Turk and, by the same token, a Mohammedan. John appeared this morning like a man who digested a good breakfast, but poor Richard, spurning Christian food, appeared as the living illustration of a hard luck story. This unhappy Turk sat disconsolate in t lie court room, never moving a muscle. Probably in his Turkish immaginat ion he is figuring whether his "heathen" captors will burn him to the stake without any preliminary functions, or whether they will torture i him a little before pulling off this J event. However he remains true to i the preachings of Allah and not a bite ! has he eaten since being confined in ; t he city jail. Sergeant MeManus states that the ! two men knew they were eioing wrong I when they used ihe net, as the interi j prefer told them that this was against t he law. FAMILY IN GRIEF Brother and Sister Died Within a Short Period of Time. A VERY UNUSUAL CASE. 1 lagerstow n. Jnd.. April 22. Hut a few minutes separated the deaths of Mrs. Caroline Lamb of Dalton and Frank Allen of New Castle yesterday. The two were brother and sister. Mrs. Lamb was the wife of William Lamb and .".7 years old. She had been ill ; with cancer of the stomach for more i than one year. Her brother's death1 was due to paralysis. The brother and sister were members of a family of sixteen children born to Simon and Hannah Allen. Both were born in North Carolina. I i ii e surviving memners oi ine family of Mrs. Lamb are the husband, two daughters. Mrs. S. Auburn of Mooreland and Mrs. Delia Hut ton. of NewCastle and two sons. Harvey and Ernest Lamb. The funeral services will be at the Friends church at FrankRn. at 1h.:;i o'clock Thursday morning. The Rev. J. P. Dennis and Rev. Mahlon Chamness will have charge. The burial will be at. Franklin cemetery. IS NOT INSTRUCTED New Hampshire Delegation to Chicago to Vote as It S&es FiW REASONS ARE SET FORTH. Concord. N. H.. April 22 Six nf the eicht members of The New- Hampshire delegation to the Republican National convention at Chicago, wt-re selected here Tuesday at the State and Second District conventions and The platform, which was identical in each case contained a resolution to the effect that "the real interests of the party and of the presidential candidate To be nominated at Chicago will best be served by the omission of instructions specified or implied on the form of resolutions of preference." THE WEATHER PROPHET. INDIANA Warmer Wednesday night. Thursday fair: fresh south winds, becoming variable. OHIO Warmer Wednesday niaht: i Thursday fair, warmer in east por Hmi fFMh. soiith winrs.

SHE CHARGES HER HUSBAND WITH CRUELTY AND NEGLECT

1 1

I "J ' f- y - t1" -?vV"-,'VJ' rl

MRS. FRANK GOULD. The Gould family seems to be doomed to bold a prominent j ace in the public eye, because of their marital trouble's. Prank J. Gouj J is the latest of the family to appear in court, because of trouble with 'lis wife. This picture ef Mrs. Gould is reproduced from a painting by lieriicii. She bases her suit for separation on charges of cruelty and ne ret. . . ... - t i

ROOSEVELT NOW - RENEWING FIGHT Attempting to Bring Senate to His Way of Thinking About Battleships. HOBSON IS HIS ALLY. CONGRESSMAN FROM SOUTH IS HEARTILY IN FAVOR OF ADDITION OF FOUR SHIPS AND HELPS PRESIDENT'S PLANS. Washington. April 22. President J Roosevelt is renewing his fight for four big battleships. The naval appropriation bill has gone over te the sonata and the 'president is training his guns on the upper branch of congress. He proposes to put it squarely up to the senate' to say whether or not he shall have four battle-ships. Representai i ve Hobson is st iil .roving the president's fait.iful ally. He is violating all of the conventionalities and precedents by going over to the senate nearly every day and lobbying with the solons of that body. He is one of the mct persistent leibbvists that ever tackled a dignified and teverend senator and he is rapidly wearins; eut his welcome. i ) Senators are beginnine to resent the 'efforts of the chief executive to inI fluence them in faver ef four battlei ships and it is stared that if this sent of pressure keeps up the president will do well if he get? more that: one battleship. The htmse- allowed him two and it is as cerr.ai'i as anything can be that the senate will not increase the number. STABBED HIMSELF. Wharton. O.. April 22 A stranger J who refused to give his name, stabbed ! himself with a knife in the hotel here. He has 22 wounds and wnl die. iz is believed he lived in Chicago.

The Telephone is a Willing servant to bring your Classified Ads to the Palladium office with the least bother to you. Either Phone2 121 Automatic,

LITTLE TROUBLE NOW

Work on West Second Street .Sewer Is Progressing Rapidly. PEOPLE ARE COMPLAINING. The worl orui street ing rapidly coim ract ing number of on the North West Seesewer system is progresssince the Hipskind t Sons company imported a large foreign laborers. The work is being rushed nii;ht and day ; until all the blastiriK has been com-j pleted. j Tiier- is considerable complaint on'; the part eif F.urview people because . ef blastiim that is done at night and j a protest- may be registered with the i city authorities. No 'rouble- has been experienced bv the- oontrattors since! they superce-ded the American labor ers with the gang of foreigners. IS Cambridge City Lad Has Left For Parts Unknown, It Js Claimed. FATHER IS SEARCHING. j Cambridge City. Ind.. April 22 It is! ' reported her that. William Y-ley I Walters, the sixteen year old son ef j i Rev. T. P. Walters, pastor of the local ' ! Methodist churc.i has left his Lome! here for parts unknown. Tlie fnther has made a search for the lad a' Knigtstown and it is beje.d p ot,abel t.;at the heiv has cotu- to Indimapolis or seiriie more di'ant western ooint. j Young Walters lef' horn- ys'e :day i instructinK his parents he was goinK '. to ride his bicycle- to Dunlin. It has ' been !earr-d that a' Dublin he dis- j carde-d the wheel and boarded a "'est ' bound interurban car. The parent assert they do nejr believe the boy had any intention rjf running away f'om home for a malicious purpose.

BOY

MISS NG

.singi.i: roiY, CENTS. WHOLESALE U000R MEN ARE HIT BY AH

INTERPRETATION Attorney General Bingham Holds They Have No Legal Right to Sell in Quantities Less Than Five Gallons. ALL WAGON DELIVERIES WILL NOT BE STOPPED, If Supreme Court Sustains Ruling There Will Be a Big Decrease in Business in Richmond, It Is Held. ; .Indianapolis. Ind.. April "'J. -In wn. slruins the Beaidelev law. Attorney General Bingham today ruled that wholesale liquor dealers haw no right tj sell a less quantity than five galii(ns. This means the stoppage of wiapou delivery to houses and rewdut ionizes the present practice. The question will go to the supremo court. In case the supreme court sustains t ,e ruling of the attorney general, it Will mean a great decrease in the liquor business in ibis city, the same as in ether cities if the state. A number rf wholesale liquor concerns that operate breweries or storage plant in ibis city, retail bottled poods by th dozen bottles. For the most part these are quart bottles, and if only erne doen be sold at a time, thi-i imaut but three gallons. Consequently, the consumer will have to purchase twenty such quart lmtlles in order to comity with the law. It is not known whether the attorney general will instruct all sales of less than five gallons by wholesole tleialer lo be discontinued or will permit, them to go on until the" supreme court ha settled upon the point. FIGHT AGAINST PLAGUE EFFECTIVE No New Cases of Tuberculosis Reported in the Past Three Months. HEALTH OFFICER'S REPORT. DR. GRANT ALSO SHOWS THAT LITTLE GOD CUPID HAS MOT BEEN AS ACTIVE AS HE MIGHT HAVE BEEN RECENTLY. Dr. (5. H. (Irani, county health nfficer. has eempletel bis reijorl on marriages, eoiitauions and infectieMi iieases and deaths In Wayne county, outside of Richmond, for the quarter ending March 111. The death report has not y't been returned from the state board of health, te whom it must be forwarded before fi. can be given oat for publication, but Dr. Grant !ects that if wjP be returnee! to htm within a few days. In his returtu on contagious and infectious di.rea--.es. Dr. Grant informa the pu-blic taat for the three 'month thete was a total number of Ml ca and of this number all but eight wer reported during roe month of January. One remarkable fact is that rhere wan ne cases of tub'irculosis reported th pa--t three month. wUieh show? that the fight I-ing waged against the great white plague is already beginning :e shejw lesults. There were fifteen oases of smallpox the past quarter, eleven reported in January and four in February. During ihe -ist month not -a case of t iis dread disease was reported fiom the county. Cupid has been doing but lit lie ous!-ne-x in Wayne county during the pst three months. D'lring that time fnly eishty-four couples were joinei in wedlock. In January fifty. three wee, dint: ceremonies were performed. la February theie ere s'-veiiteen weddings and iti March theie were -fourteen weddings. A remarkable fact that during the iast three nrnnehu en!y one colored couple r:sidirig viMid4 ef Richmond were joined in weifl'ck. All of the brides were Americans. Orm of the eigh'y-four grems was a foreigner. Sixteen of the brides v.ei under I went y -y ears rif ac. Only thre9 of the grooms were. Twej of the eroon:s and one brid were berwer-n fifty and sixty years of 8E- and there was one young blushing groom who a.s between seventy and eighty ye-ars of age. MAN KILLED HORSE WITH HIS FIST. Indianapolis. Ind.. April 22. To settle a wager of ten elollars. Harry Hall today knocked eiown and instantly kiileei a horse by one powerful blofc' from his fist. The feat, was exec ited on a prominent street co i ner.