Richmond Palladium (Daily), Volume 33, Number 100, 25 May 1908 — Page 1

HMONB PAIXABIXJM H AND SUN-TELEGRAM. VOL. XXXIII. NO. KM). RICHMOND, IND.t 3IONDAY EVENING, 31 AY '4.1, 1UOS. .SINGLE COPY, 2 CENTS, COURT REFUSES 10 PAROLE YOUNG MEN BOD! OP YOUNG WOMAN IS FOUND Mutilated Remains Found Floating in River. SUCCESSFUL RAID MADEQN WESTCOTT HOTEL ON SUNDAY BLIND TIGER CASE GIVEN POSTPONEMENT M'CLURE MABELLE GILMAN COREY IS RECEIVED IN FRENCH SOCIETY THE HANDS OF THE Wills Will Not Be Arraigned! ACCUSED OF C D. S. T Now.

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GOVERN EN

Paul Hartkorn, William Mo-r-rey and Harold Mitchell Must Serve Their Time in State Reformatory.

MUCH PRESSURE BROUGHT TO BEAR ON JUDGE FOX. iVIany Business Men Signed The Petition to Free the Accused No New Trial Is Likely Now. In the Wayne circuit court this afternoon, Judge Henry C. Fox refused to grant a parole to Paul Hartkorn, ! William Morrey and Harold Mitchell, 'the three young men convicted upon their own pleas of guilty to the charge of grand larceny. To the court was presented a petition signed hy practij rally every business man on Main street asking that the three be shown every consideration possible. The first names on the petition were those of Emmons and Chenoweth. proprietors of the Empire cigar store, which was robbed by the throe young men early Thursday morning. .Judge Fox admitted the pressure that has been brought to bear on him, but cites the fact that, the three young men conspired deliberately to commit burglary and were caught in the act of leaving the city with the stolen money in their possession. Father Affected. The names of the petition had been procured through the solicitation of John Hartkorn, father of one of the three young men involved. Mr. Hartkorn was in the court room when Judge Fox read his ruling and was visibly affected when it dawned upon him there is no chance for his son except through a retrial or upon appeal to the governor of the state. It is not believed a new trial will Ie asked because or the voluntary confession of the three principals. The ruling of the court follows: STATE OF INDIANA VS. WILLIAM MORREY, HAROLD MITCHELL AND PAUL HARTKORN. IN THE WAYNE CIRCUIT COURT, APRIL TERM, 190S. "The above parties were arraigned Upon a charge of grand larceny in this court upon the 22nd day of the present month and entered a plea of guilty thereto. There were two counts in the affidavit, one for burglary and one for grand larceny. I had never heard of the cases until the defendants were brought into court and of course had no knowledge of the facts and circumstances constituting the crime with which they were charged. A civil case had been called and the trial thereof was about, to begin when the defendants were brought, into tir.e court room in charge of the police. The chief of police related to nie the facts and circumstances of the case and likewise explained that the defendants had admitted their guilt, that he had explained to them it would be better for them to plead guilty to a charge of grand larceny if the Court would accept such a plea, than to plead guilty to the charge of burglary for the reason that the penalts would be lighter. that if they pleaded guilty to burglary they would be sentenced to the reformatory from ten to twenty years; that if they pleaded guilty to grand larceny they vould be sentenced to from one to fourteen years. The Chief further informed me that after he had made this explanation to the prisoners they desired to plead guilty to the charge of grand larceny and were then in Court for that, purpose. This is all the Chief had to do with the cases. The Prose cuting Attorney being present, "was j called upon and he confirmed the j statement of the chief of police and stated that under the circumstances End on account of the ages of the defendants, he had agreed that they might enter a plea of guilty to trie charge of larceny although he would have no trouble in proving them guilty of the crime of burglary. The defendants were then arraigned upon the charge of grand larceny and each rno entorpri a. plea of guilty thereto, und they were immediately sentenced for a term of from one to fourteen 5" ears in the reformatory. Before they were sentenced. Mr. Freeman, whose duty it is to defend prisoners who are without counsel, spoke to the defendants about their cases, but was inform ed by them that they did not need the! services of an attorney. The prisoners then left the court room in charge of the sheriff. This was all that took place at the time and it all occurred in I a very few minutes. After the cases had been disposed -of. the court immediately began the trial of the pending civil case. The next morning I was informed that the defendants and their friends were dissatisfied with the disposition of the cases. Upon the receipt of this information I at once notified the sheriff to hold the prioners until an investigation could be made, as I had no disposition to "railroad" the prisoners into the reformatory un-

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til they had an ample opportunity to be heard: and thus the matter stands. Law's Interpretation. "We have a statute that was enacted in the year l!.";. which provides that when any person is convicted of or pleads guilty to a charge of felony other than murder, arson, burglary, rape, treason or kidnapping, the court may, instead of committing such person to the reformatory, parole him during good behavior. This does not mean that he should be acquitted or unconditionally discharged, for the judgment remains in full force and if the person convicted violates his parole, he niay at once be re-arrested and committed to prison without further trial, and be required to serve out the term of his original sentence. All the crimes enumerated in the statute as being exempt from its operation, are felonies of a higher grade -felonies which the law will in no wise condone. It will be noticed that among the enumerated crimes, is that, of burglary. The crime of burglary involves a degree of moral turpitude which the law is slow to excuse. It involves deliberation and thought in its inception, and courage in its execution. It is unlike those crimes which result from anger and passion. The Cfcurt was fully informed of the facts and circumstances of the crime committed by defendants at the time they entered their pica of! guilty. As has been raid, there was two counts in the affidavit: the first. rhai'King burglary, and the second, grand larceny. If there had been a trial the defendants would undoubtedly have been convicted of burglary, for the evidence was absolutely conclusive. Instead of insisting upon a trial, the prosecuting attorney recommended that the defendants should have the privilege of pleading guilty to the charge of grand larceny in order that they might escape the penalty for burglary. This they consented to do and did do in open court. Parole Refused. "Since they were sentenced, strenuous efforts have been marie by many good and reputable citizens by petitition and otherwise, to have the prisoners paroled, but after considering all the facts and circumstances of the case it must be held that the court is without power to mitigate their sentence by paroling the prisoners when the plain spirit of the statute is considered. The crime committed was burglary. It was deliberately planned and understandingly committed, and after committing the crime the defendants were arrest eti as they were preparing for flight, taking the money they had obtained, with them. It is true the defendants were permitted to enter a plea to the chaie of grand larceny, but this was a concession upon the part of the court for the benefit of the accused. The court at the time knew j and now knows the facts of the case ; were and are. and this from the con- . fession of the prisoners themselves, ! and having this knowledge it would simply be a subterfuge and an evasion ; of the spirit of the statute and of the intention of the general assembly in enacting it, for the court to parole the defendants. It would be regarding the shadow instead of the substance. ; In holding that the court has no power to parole these unfortunate defendants, it does not desire to deprive them of any defense they may have. If they desire, the court will permit them to withdraw their plea of guilty and will grant them a new trial. This will enable them to present any defense they (Continued on Page Seven.)

MRS. COREY AND DUKE CYRIL. Mrs. W. E. Corey, wife of the steel magnate, who enters Paris society under most favorable circumstances. She was recently chosen as partner to Crand Duke Cyril, of Russia, cousin of the Czar, in a foursome on the fashionable Versailles golf links. American womoi . who at first held aloof, were anxious to gain introductions after this distinction. IS HOLDS THE COURT At Any Time His Mind May Fail, As It Did When He Shot Stanford White. DEFENDANT WAS EXCITED. TALKED IN A RAMBLING FASHION WHEN TOLD OF THE VERDICT AND PAID HIS COMPLIMENTS TO PROSECUTOR JEROME. Poughkeepsi, N. Y., ray 25. Justice Morsehauser this morning dismissed the writ habeas corpus proceedings and decided Thaw is insane and his commitment to Matteawan is constitutional. The court, declares that Thaw has a mental disorder and may have a recurrence similar to that which the jury believed he had when he killed Stanford White. The safety of the public is better insured by Thaw's incarceration the justice held. When told of the decision, Harry Thaw talked in a rambling fashion, and blamed it all on the newspapers and called Jerome "a man of hot-air and a big yell" and became very excited when Evelyn's annulment of marriage proceedings were mentioned. THERMOMETER REGISTERED 92. Whew, it may have been a backward spring along in early March but the finish late in May indicates that everything is forward and the warm weather has come. Today was the warmest of the season. The government instrument at the waterworks pumping station registered in the shade this afternoon. THE WEATHER PROPHET. OHIO AND INDIANA Shower Tues4jr; frMh southeast wind

THAW

INSANE

New York. May 25. A Harlem riv

er tugboat discovered a horribiy mui tilated body of a young woman floati ing in the river with a barrel tied to one foot. The barrel evidently had ! contained stones and acted as a sinkj er, but the bottom of the barrel broke out. THOUSANDS WANT CONVENTION SEATS Harry New Is About the Most Oppressed Man in the Country. EVERYBODY IS ANXIOUS; NEW CLAIMS THAT IF THERE IS ANYONE WHO HAS NOT APPLIED FOR TICKETS, THAT INDIVIDUAL IS INSANE OR IN PRISON Chicago, May 2.". His own Indiana is contributing to the cares and troubles of National Chairman Harry S. New in apportioning tickets to the great convention to be held in this city next month. A member of the Indiana delegation has written to Mr. New for ten seats, who delivered himself -thus : "It's absurd. Think of the Indiana delegation alone being given T.OO seats and this is what equal treatment to all the delegates would mean. It's impossible." According to Roswell Field, the newspaper man, Mr. New was addressing, in reply to a question as to whether he was holding 500 seats for President Roosevelt, the chairman said : "There is no exact limit on what we may do for the president, and there is no authority for fixing the number at 500 tickets, but you can depend on it that Mr. Roosevelt will come pretty near getting what he wants." Candidates will not be given tickets as such, declared Mr. New. Taft, Fairbanks, Cannon and Hughes, however, will be taken care of, as cabinet members, congressional leaders and men prominent in party councils. Demand Not Decreasing. "Asked if the demand for seats were decreasing, Mr. New said: "Decreasing? Is there anything in my general appearaitce that suggests it? Do I look like a man who is enjoying a vacation or one with time hanging heavy on my hands? If there is anybody iu the United States who has not applied for a ticket, not only for himself, but his wife and all her relations, he must be in the penitentiary or in the lunatic asylum, where I expect shortly to be. "The trouble is that the country is entirely too big for the convention. We should have a number of national conventions divided anions the states. Xow take Ohio and Indiana, for example. There are people enough coming to Chicago from Indiana and Ohio, and more who want to come, to make a first-class national convention of their own. Herrick tells me that the way the folks down in Ohio are pulling out for Chicago there won't be enough people left in the state by convention time to turn ou to the fire if Foraker should send in a general alarm. You see, Ohioans are countins; on the easy combination of Taft and they want to be in for the brass bands and fire works " 'Census Does Indiana Injustice. "And Indiana," said Mr. Field to Chairman New, who replied: "Oh, don't talk about Indiana. Here I've been for years booming the population of that state and exulting in the growth. The United States census for 1900 gave the population at 2.500,000. but from the letters I have had and the people I've seen, I'll swear that it's nearer 10,500.000. And what do they expect me to do? It is true that I have a few tickets for personal ! friends, but they went long ago. Xow j I keep on explaining and explaining, ! but I can't make them understand. What's the use? I don't wish I was dead, but sometimes I wish somebody else was." SWAMP MYSTERY CASE NOW BEING HEARD Theodore Whiteman on For His Life. Trial Jersey City. May 25. Theodore S. Whiteman was today placed on trial for the murder of his wife, Lena, on Christmas eve. The case is known as the swamp mystery. The courtroom is jammed. The defense will attempt to

Blind Tiger Was Found in Full Operation When Police Appeared to Stop the Bengal's Business.

MANAGER GEORGE GAY PLACED UNDER ARREST. Conviction on the Charge in The Indictment Will Mean a Thirty Days' Jail Sentence Trial June 12. Patrolmen Westenberg, Edwards. Roberts and Longman under the personal supervision of Sergeant McManus, raided the Westcott hotel yesterday afternoon about 3 o'clock and found a "blind tiger" in active operation. The bathroom in the north end of the corridor on the second floor was doing service as a temporary saloon. It was found in charge of Howard Bass, colored, a minor. Two White men, Joe Lindsey. employed at the hat factory, and Kd Thomas, bar tender at the Waldorf saloon, were in the room drinking when the police made their appearance. George Gay, proprietor of the hotel was on guard in a room across the hall from the bath room. Mr. Gay was arrested and all the liquor found in the room was confiscated. Gay waived preliminary examination in the Wayne circuit court this morning and gave personal cash bond for $100. He is charged with violation of the liquor laws. The case was set for trial June 12. By filing the case in the circuit court, the prosecutor will avoid the chance of an appeal being taken from the decision of a lower court. Conviction of the charge against Gay carries with it a jail sentence. The prosecuting attorney selected the section of the statute which makes the jail sentence compulsory. The trial will be before a jury. Gay has chosen John F." Robbing as his attori ney. So closely was the bathroom watched by the police just previous to the raid, that the warning which was given came too late to save the place. Gay is the only person concerned in the case against whom a charge has been placed. When Officer Edwards reached the door to the room it was closed in his face and an effort was made to lock it but the policeman turned the knob and forced the door so that it could not be locked. Edwards was accompanied by Roberts and the two bluecoats forced their way into the room. Sergeant McManus and Patrolman Ixmgman had gone to the second floor by means of the back stairway so as to cut off escape. Officer Westenberg was engagine Harry Williams, the clerk in conversation at the desk while the raid was in progress upstairs. Williams however, had an opportunity to warn those in the bath room by means of a buzzer, of their impending danger. When the officers entered the bathroom, they found a large quantity of bottled liquor stored there. Both Lindsey and Thomas held glasses of beer and were seen in the act of drinking. A quantity of the liquor was stored in a zinc tank, such as Is used in shipment. This tank was packed full of ice. In the room were a number of wooden cases containing both filled and empty bottles. The confiscated property consists of three dozen empty beer bottles, three dozen filled bottles in a box, twenty-eight filled bottles in the tank, twenty-five empties in tank, four seltzer bottles, one quart bottle of Green Briar sour mash, one quart bottle of Old Prentice whisky, several empty whisky bottles, eleven glasses, a gallon bucket of beer bottle stoppers, one cork puller and several bottle openers. In case of conviction and upon an order of court requiring destruction, all of the confiscated property will be taken to the crematory. Gay appeared in circuit court before Judge Fox this morning in company with his attorney. When asked howhe felt he answered: "Not very well for a little fellow." The attorney conducted all the negotiations and Gay expressed his willingness that the preliminaries be dispensed with. Was Suspected. The proprietor of the Westcott hotel has been suspected of conducting a blind tiger for some months by the police. Attempts to raid the place have been made previously but not executed as warning reached the hotel officers In time. It was stated by Superintendent Bailey this morning the practice at the hotel has been to shift the locality of the "tiger's" lair repeatedly. It was asserted that different rooms about the hotel have been made use of for a bar room and careful precautions were taken to avoid the probability of discovery. The police say a system of buzzers and call bell3 had been arranged so that the person dispensing the liquor refreshment could be warned by the clerk without any delay. The employe In charge had instructions to close the (ContiBued oa. Page Two.)

The case of the State vs John Wills have been continued indefinitely. The attorney for Wills has asked for a continuance owing to the fact The caes were set for trial today and at present Wilis is defending a divorce action brought against him by his wife in the Henry circuit court. The same attorney appears in the state and civil cases. Wills is accused of operating a blind tiger at Cambridge City. Soon after his arrest a few weeks aso he escaped from the town marshal but afterward returned and surrendered himself.

WIFE ABANDONED HIM. Luther Brooks was granted a divorce from .uary Brooks in the Wayne circuit court this morning. Mr. Brooks alleged abandonment. He stated he formerly made his home at Indianapolis and his wife refused to remove from that city to Richmond. Mr. Brooks is a well known railway mail clerk. He is a resident of West Richmond. GRIM TIME LEAVES ITS MARK ON THE OLD WAR VETERANS Line of March for Memorial Day Observance Will Be Shorter Than Ever Before Next Saturday. JUDGE CHRISTIAN DELIVERS ADDRESS. Will Be Heard at the Coliseum Immediately Following the Parade Preparations for Observances at Bethel. Saturday afternoon, to the roll of the war drums and to the quick-step of the silvery-toned bugles, the grizzled veterans of the civil war, some in the faded blue of yesterday, will march from the G. A. R. Hall to the coliseum where they will hear the memorial services to the honor of the boys of '(51. who no longer answer roll call. The line of march will be a short one. for the marching days of the veterans are over and not even the roll of the drums, the call of the trumpet and the magic touch of shoulder to shoulder can recall lost youth. However the scene of the ancient fighting men as they swing along the streets to the coliseum, will, as it alwayt; has. stir the blood of those who witness the spectac le. Saturday morning the members of the Sol Meredith post, the Sons of Veterans and the women's auxiliary associations of the post, will spend their time decorating the graves of the soldier dead with flowers, many of which will be donated by the school children. The program, which will be rendered at the coliseum in the afternoon, will be of unusual merit. It will close with the volleys of the firing squad and the sweet, plaintive bugle call "taps." The committee in charge of the Memorial Dny observances. T. E. Poineer, H. E. Penny. L. M. White. Mrs. Mary Swain. Mr?. Delia Phenls, and Mrs. Mae Evans, have announced the following program: Invocation Rev. T. J. Graham. Music Richmond City Band. Vocal Solo Mrs. Resale Waggoner. Memorial Service G. A. R. Piano Solo Miss Jessie Ballenger. Tribute to Unknown Dead N. R. C. and Children. Vocal Solo Miss Opal Norris. Duet-Ruth White and Alma Getz. Memorial Address Judge Ira C. Christian. Xoblesville. Ind. Music Band. Closing Ode "America" band and audience. Taps Firing Squad. Benediction Rev. R. J. Wade. Great preparations are being made for the observance of Memorial Dar at Bethel. This event will be held Friday and delegations from all over this section of the state end adjoining counties in Ohio will be present. The principal address will be delivered, by James E. Watson, republican candidate for governor. Judge J. L. Rupe of this city will deliver the address to the unknown dead. The locaJ branch of the Wayne county Automobile club, will make a run to Bethel in the forenoon and will take nearly all the members ot the Richmond delegation In their machines. All the farm honses alonj? the route will be decorated with the national colors. At noon a big dinner viH'be Mrved to those who attend the ttffat, .

Well Known Coal Dealer Will Have to Answer Serious Charge in Federal Court in Indianapolis.

USED UNITED STATES MAILS TO DEFRAUD. McClure Attempted to Secure Bond of His Mother-in-Law But She Absolutely Refused To Aid the Man. - Albert E. McClure. a well knows young coal dealer of this city, who, for some time has been suspected of operating his business by crooked methods, was today arrested by Deputy United States Marshal Martin on a charge of entering into a scheme to defraud by use of the United States mails. This charge was filed by Post Office Inspector Fletcher on a complaint made by the Washington Coal & Fuel company of Columbus, Ohio. After his arrest McClure was arraigned before District United States Commissioner. P. J. Freeman, but he waived examination. In company with Marshal Martin, Inspector Fletcher and Assistant United States Attorney Nichols, McClure left for Indianapolis this afternoon, where he will be tried on the charge placed against him. In the federal court. McClure tried to obtain bond before leaving the city, but his efforts were unsuccessful. The young man asked his mother-in-law. Mrs. A. W. Kimbrough. to go on his bond, but she flatly refused, according to Marshal Martin. He states that Mrs. Klmbrough informed McClure that she and her husband had warned him against the evils of his ways, and now that he had gotten into trouble he would have to shoulder the consequences without any assistance from her or her husband. Deputy Marshal Martin states that It is charRed that McClure purchased about thirty car loads of coal from the Washington Coal Fuel company and that he hold this coal In Richmond below cost and never made a settlement for it with the Columbus firm. Some weeks ago the Washington Coal & Fuel company entered suit against McClure to recover payment on the coal he had secured from that company. Judgment was given the company but McClure never made a settlement. The company then placed the matter In the, hands of the government. A few days ago Inspector Fletcher was In the city working on a case and he had a long talk with McClure. Later McClure became suspicious and latt evening he called upon Postmaster Spekenhler and asked him If he thought the government was preparing to take any action against him. Marshal Martin Ftates that Postmaster Spekenhler told McClure that he knew nothing of the case, whereupon McClure Btatei that If he thouuRht the (rovernment was preparing to bring action against him he would ptit two thousand miles between -Richmond and himself. He was arrested on the streets this mnmlnR. McClure declares that he is innocent of any attempt to defraud the Columbus firm. Building Cannot Be Used Until Proper Repairs Have Been Made. PENALTY FOR VIOLATION. Indianapolis. Ind.. May 2.'. The New Phillips theater at Richmond. Ind.. was condemned today br the state building and factory inspector. The building cannot be used, for any purposes until the alterations as suggested are made. The law carries a penaltiy for violation. The inspector declares that the folding doors can be removed from fhe end of the entrance stairway; that a new entrance must be cut In, the east wall with, a stairway leading to the ground: that an opening shall be cut at the east side of the stage; that two fetandpipes shall be placed on the stage, with hose connections; that two tanks for water shall be supplied and two buckets furnished for each: that the windows in the upper tier of dressing rooms shall be supplied with mattock hooka and chains and that the seats in the gallery shall be fastened to the floor. SOCIALIST SUICIDES. New York, May 25. Daniel Aheart forty-five, a prominent socialist, suicided by shooting himself through the heart in his brother-in-law's office. H worried over social conditions.

THEATER COIEUIIIED