Richmond Palladium (Daily), Volume 34, Number 40, 18 December 1908 — Page 1

ONLY 5 MORE SHOPPING DAYS UNTIL CHRISTMAS. DO YOUR TRADING NOW

THE EICIMONB PA ABIITM AND STTNT-TFTmAM. VOL. XXXIV. NO. 40. RICHMOND, INDM FKIDA V KVKMXG, I)i:('i:3IIU:ii IS. 1!M)S. SINGLE COPY, 2 CENTS.

LAW AN ADVANTAGE AFFINITY OF CHEESMAN ALSO GO! HIS MONEY ANOTHER RECORD ROOSEVELT NOWIN POSITION TO SPEAK Beautiful Seventeen-Year-Old Girl Is Shot Down in Street Today. County Gains Over Three Thousand Dollars by Depositories. Wilbur Wright Expected to Win 20,000 Franc Prize Offered.

SPURNED YOUNG

MAN

COURT DEALS OUT ANOTHER BLOW TO I MCAMPFIELD Holds That People's Loan and Trust Company Has Right To Foreclose Mortgage on Colonial Building.

MIND ABOUT MEN

RULES CHANGED TD SECURE CONTROL OF STATE SENATE Committee Appointed to Draw Up Rules to Govern Next Session to Meet and Follow Its Orders. HALL TO BE DEPRIVED OF ALL HIS POWER

Effort May Be Made to Have Legislature Pass Resolution for Calling Constitutional Convention. (By Special State Correspondent.) Indianapolis, Dec. 18. Senator Linton A. Cox, of this city, who is a member of the committee that was appointed at the meeting of the republican senators a week or so ago to prepare a set of rules to govern the deliberations of the senate at the coming session, said last night, that the committee will hold a meeting in this city within the next few days and frame up a set of rules. The other memEllis Searles. bers of the committee are Senator Forkner, of Henry county and Senator-elect Ralph Knne, of Hamilton county. Senator Cox says it is the intention of the committee to make some important amendments to the present rules of the- senate. These amendments' vlll have ; for their main 'purpose the securing to the republicans of absolute control of the senate from the time the curtain goes up till the last work is spoken. The republicans have a clear majority in the senate and they do not propose to lose 'any of the power and privileges that this situation gives them,, even though the democrats will have the presiding officer of the body. Hall Deprived of Power. One of the most Important changes In the rules will be one that will take away from the lieutenant governor the power to appoint members of committees and give that power to the senate itself. This will insure a majority of republicans on all the committees and a republican chairman for each committee as well, thus maintaining a complete republican organization. Lieutenant Governor. Hall "will not have much left for himself. He i will be permitted to call the senate to order, wield the gavel, invite ministers to offer the prayers and to cast the deciding vote in case of a tie. Senator Cox says the republicans may permit him to name the minority members of the committees but even this is not yet certain. And they may allow him to name his own pages. But all other officials and employes of the senate will be chosen by the republicans. Look Far Ahead. Another thing the republican committee has in mind, according to Senator Cox is a change in the rule so that all important matters must be decided by a majority of the entire vote of the senate instead of a majority of the vote of all senators present. This will be a mighty important matter to the republicans because of the plim majority which they have in the penate. Under the present rule, if it were allowed to remain in force, the democrats might easily take advantage of the absence of two or three republican senators from the chamber and adopt or change rules in such a ;ay as to greatly ambarass the majority.. But under the proposed rule this will be impossible, as the democrats, with their near-majority would be unable to do anything without republican help. Course is Right. The republicans have been severely criticized by the democrats for their ftnnotinoed purpose to assume sand bold control of the senate, but the republicans are recalling history and pointing to the time when Greene Smith, democrat, was forcibly installed as lieutenant governor and presiding officer of the senate after Robert S. Robertson, of Ft. Wayne, who bad been legally elected lieutenant governor, had been forcibly removed from the chair. This high-handed outrage which almost produced a riot and a revolution is still fresh in the minds of many men and they point out that the determination of the republlcans at this time to retain control of the senate cannot be compared to that outrage. All except the most (Continued on Page Two.)

'v IT '

HE SURRENDERS TO POLICE

Somerville, Mass., Dec. 18. Miss Maud Harley, the beautiful seventeen-year-old daughter of a prominent physician, was shot and almost instantly killed as she was about to board a street car this morning. by James Hammond, son of a police sergeant. She had declined to permit the youth to pay her attention. Hammond held a big crowd at hay by flourishing the revolver until the police arrived, when he surrendered. HELD ILLEGAL Appellate Court Reverses Decision of Lower Courts in Greensfork Case. APPEAL IS IMPROBABLE. COW LOT RESPONSIBLE FOR DIVISION OF OPINION IN LITTLE TOWN FOR THE PAST SEVERAL YEARS. By a decision of the Appellate court rendered yesterday, the verdicts of the commissioners' court and Special Judge Newman of the circuit court, in the case involving the incorporation of the town of Greensfork are reversed. The higher court has decided the incorporation is illegal. It is not probable the case will be taken to the supreme court. The verdict ends a controversy that has been waged for several years. By revising the boundary lines of the proposed, incorporAti'oiC"!" might become possible to bring about the same purpose. Court's Fino'ing. In its decision, the court found: The running of the boundary lines of a town under the power conferred by Sec. 8975 to 8P83, Burns. 190S, when seeking to incorporate, was illegal by reason of the unreasonable and unwarrantable manner in which such power was exercised where the boundaries .were made to include appellant's cow pasture, entirely separated from the platted part of the town by intervening lands. Which pasture wa3 not used as part of the town nor held for sale as part thereof, while an intervening strip 220 feet wide on the side of appellant's land and adjoining the platted town was excluded in order not to take in the public school building and the evidence shows that the town had grown but little in business or population in fifty years and does not now have any unusual growth. The case as it appeared on the appellate court docket was entitled: Alonzo M. Harris vs Eden Martindale et al. The case had been argued last month after being on file for two years. Eden Martindale and other residents, of Greensfork, who sought to have the town incorporated were represented by Wilfred Jessup. Alonzo Harris, who appeared as the remonstrator, was represented in the litigation by Addison C. Harris, John L. Rupe and Thomas J. Study. The same grounds for opposing the proposition that were presented in the lower courts were used for argument in the appellate court. History of Case. For many years, certain residents of Greensfork had been endeavoring to have the town incorporated. Incorporation was desired In order to secure home rule and other considerations not possible when the sole authority is invested in the county officials and township trustee. Alonzo Harris raised the opposition (Continued on Page Two.)

INCORPORATION

Woman May Be A rch Murderess Sanity Test to Precede Digging Up Whole Graveyard Insurance Assigned to Woman's Motive of Crime.

Somerville, Mass., Dec. IS. Pending the result of an examination as to the sanity of Mrs. Mary Kelleher, of this city, now in jail at Cambridge, District Attorney Higgins has ordered an investigation into the causes of the deaths of six members of Mrs. Kelleher's family during the last three years. The nominal charge against Mrs. Kelleher is arson. It is said insurance on the lives of the dead was paid to the woman. The list of deaths, dates and causes assigned, follows: Kelleher, Katherine, daughter, died July 2,, l!S: ptomaine poisoning. Kelleher. Mary, daughter; died Nov. 21. lOOti: bronchitis. Kelleher, Stephen, husband; died May 13, 1900; pneumonia.

BROUGHT BY JAMES P. GOODRICH Several Notes Were Held by Trust Company and Failure To Pay One Brought on Trouble Wife Protected. The celebrated case of the Peoples Loan & Trust Company, of Winchester, vs. Edwin M. Campfield. of this city, which involved the ownership of the Colonial building and annex, was decided by Judge Fox, of the Wayne, circuit court today. The court holds the plaintiff is entitled to foreclose a mortgage of $70,000 held by it on the property. An order for the sale of the property may be had at any time. The suit lias been in litigation since last March. At tiie present time the property is in the hands of a receiver and the court's action does not interrupt the receivership. The court holds that the First National bank, which is named as one of the defendants, is entitled to the rentals and income from the Colonial building tintil a note it holds against Campfield is satisfied. Soon after the receiver was appointed for the building, it was damaged by fire and a part of the structure has not been rebuilt pending the decision of the court. Campfield's Troubles. It will be remembered the State canceled the the contract it had with Campfield for the construction of the Southeastern Hospital for the Insane, located at Madison, Ind. It is' claimed by Cam; "eld's friends that the contractor would have been able to meet his notes on the. Colonial building had not his troubles in connection with .the hospital taken away this source of revenue. Suit was instituted against Campfield, by James P. Goodrich, president and attorney for the Peoples Loan & Trust Company. When Campfield's note for $5,000 came due December 1 of last year, Goodrich saw the money could not "be secured in cash. He made an arrangement with Campfield whereby he would take a chattel mortgage on the machinery and personal property of Campfield, that was used in the construction of the Insane hospital. He, also, was to take a mortgage on a farm in Ohio and to permit the debt to run until enough had been realized to pay the principal on the mortgage. The day after Goodrich took the mortgage on the farm he had it entered for record and found that a deed had ben recorded the day before, deeding the farm to Campfield's mother and not making provision for any mortgage. Campfield's mother wrote to Goodrich and demanded the release of the mortgage. Under the Ohio law, hex warranty deed had been made without reference to the mortgage, so the mortgage was valueless. Goodrich Investigates. Goodrich made an investigation of his chattel mortgage on the personal property of Campfield and found it was claimed by the owners, who said they had sold it to Campfield conditionally and held liens on it. Goodrich took the position that Campfield's credit was lost and refused to give Campfield credit. Campfield made no other offers of settlement. Under the terms of the contract, the default in the payment of one note made all others come due. The defendant entered a plea of abatement in the Wayne circuit court to showthere had been no default. The court held there had been and ordered the trial of the case on its merit. It was (Continued on Page Five.) Kelleher. William, son; died Jan. 14, l".OS: heart disease. Knowles. Annit T.. sister-in-law: died March 1. 1!W: bronchitis. Knowles. Mrs. Bridget, sister-in-law; died June 1!0T: rheumatism. Mrs. Kelleher has undergone a preliminary examination by a board of experts. The district attorney said today: "The police have brought to my attention the deaths in the Kelleher family. I told them to go ahead and make whatever investigation seemed necessary, but that I was not ready to exhume an entire graveyard until further evidence in the case should be brought before aie." Mrs. Kelleher is accused of setting fire to the house of Andrew J. Lovell ot Cambridge, by whom she was employed as a domestic.

SUIT

THIS YEAR'S COLLECTIONS

The eleven months in which the depository law has been operated, $:'..- 867.66 has been paid to the county in interest. Under the provisions of the old law this sum would have been lost, so far as the county is concerned. The law provides that all but a certain proportion of this money shall be placed in the general fund. The remainder, which amounts to about $200 goes to the school fund. The monthly collections of interest since the first of the yer have been: January $:527. 99: February $196.34: March' $237.59; April $354.97: May $616.77; June $301.99: July $307.8."); August $211.15; September $241.39; Octot?r $294.74; November $536.34. The interest paid during May and November was made unusually large owing to the increased receipts by the county treasurer as the semi-annual installment of taxes was paid. A number of tax payers prefers to pay the entire amount at the May installment and for this reason May was a larger interest securing mont'i than November, when the second installment falls due. PRESIDENT REBUKES SEMINARY GIRLS Strikes Horse Ridden Dy One And She Has Narrow Escape. PARTY MUCH MORTIFIED GIRLS HAD RIDDEN AROUND THE PRESIDENTIAL PARTY . AND ROOSEVELT SEEMED FURIOUS AT ACTION. Washington, Dec. IS. A local evening paper printed the following Thursday. "How President Roosevelt severely rebuked a party from the National Park Seminary at Forest Glen, Md., tor riding past him Thanksgiving Day in Rock Creek park and how he caused the horse one of the girls was riding to rear and plunge by striking it with his riding whip is told in a story which has pust leaked out and been confirmed by Miss E. I. Sisson, teacher In the school, who was the chaperone for the party. "Miss Sisson and three of the girls of the institution, whose names are withheld, went for a horseback ride through Rock Creek Park Thanksgiving morning. As they were jogging along one of the tree-lined roads of the National Reserve they saw a party ahead of them, which included two women and two men. As they closed up the gap between the two parties. Miss Sisson says she recognized one of the men as President Roosevelt. "For some time the seminary party rode slowly behind the chief executive party. Bui the spirited animals wanted to go faster, declares Miss Sisson, and finally the girls galloped past the presidential party. "When they slowed their horses down again a few minutes later they heard rapid hoofbeats behind them. The rider was pressing his horse hard and he soon overtook them. " 'As we were riding four abreast at the time, the president's horse crowded us no little as he dashed past.' said Miss Sissou, continuing the narrative. 'As he brushed past, his horse struck the foot of one of the young ladies, knocking it from the stirrup, and a blow from the president's crop fell on the horse's flank. The young woman's horse reared, and but for her coolness and admirable horsemanship, she might have been thrown beneath the feet of the horses. I do not know whether the blow was intentional." " 'You know that you should not go ahead of our party," said the president as he rode past and turned in the saddle to look squarely in her face. He then joined his companions. " 'Naturally we felt much mortified. None of us intended to affront the president, and I cannot understand his action. The president appeared to Ik in a rage, but, of course. I do not know about that. I only know how we felt about it. 1 prefer not to give the names of the young ladies in the party. They are daughters of wealthy parents, highly connected, and I an1 sure their parents would object to the notoriety aitending such an affair.' "' THE WEATHER PROPHET. INDIANA Partly cloudy and mucr colder Friday night with ano flurries in north portions; Saturday generally fair. OHIO Partly cloudy and colder Fri- . day. night, with snow or rain in east and north portions; Saturday colder and fair, except snow

.the lakes. ,

Alleged by Wife of Deceased That Diamonds Worn by Mrs. Bertsch Were Given to Her by Dead Husband.

WOULDN'T BURN LETTERS BUTPR0MISED "BURNING" Mrs. Cheesman Alleged to Have, Threatened PunishmentLetters Will Be Returned to Wife. It is alleged that Mrs. Kftie ncrtsch of Centerville, the alleged affinity of the late K. M. Cheesman. secured money from him. It is further reported about town, that Mrs. Cheesman, after the death of her husband, went to Mrs. Bertsch and demanded the return of all the money she had secured from Cheesman. This morning Postmaster J. A. Spekenhier denied this report. He said that when Mrs. Cheesman appeared before hint and Post Office Inspector W. T. Fletcher, she said that the diamonds and other things Mrs. Bertsch was wearing had been purchased by money furnished by her husband, but that she did not want1 this money refunded to her. Mr. Spekenhier states that Mrs. Cheesman stated that all she wanted "was revenge." It was also stated to a Palladium reporter, that Mrs. Cheesman after the death of her husband went to see Mrs. Bersch and told her that she had learned through letters found in her husband's effects that she and Cheesman had intimate relations. It is alleged that after she had made this statement to her husband's affinity. Mrs. Bertsch said, "Well, Dear, you burn those letters up." It is said that Mrs. Cheesman in answer, replied, "No, I won't burn those letters up, but I intend to burn you up." After Mrs. Bertsch's trial all of her letters will be returned to Mrs. Cheesman. Mr. Spekenhier states that when Mrs. Cheesman turned over the four hundred letters of Mrs. Bertsch. to Postoffice Inspector Fletcher, she made a formal demand upon the government that these letters be returned to her after the trial or her rival. It is generally believed that Mrs. Bertsch will be convicted of the charge placed against her. Postoffice inspectors and members of the United States secret service, have a ccoe of honor which provides that no arrest shall be made in any case unless the evidence is such that it is an absolute certainty that the accused will he convicted. Postoffice Inspector Fletcher, who secured the evidence in this case, has been in the government service for the past thirty jearsr People who have seen some of the letters alleged to have been written by Mrs. Bertsch to Cheesman. state that some of the statements made in them are so highly flavored that it would be impossible for the yellowest kind of a journal to reproduce them. "DARK HORSE" MAY WIN SENATORIAL RACE There Is Sure to Be Long-Drawn-Out Contest. Indianapolis. Ind.. Dec. 1v There is considerable discussion today of the probability of a "dark horse" winning the senatorial race in case the legislature is not able to agree on any of the avowed candidates. Many believe there will be a long-drawn-out contest, in which all of the candidates will attempt to hold their forces together in hopes of being elected as Senator Bcv-

The Reason Why Palladium want ads bring results.- This fact is evident, judging from the large number carried daily. The Palladium carries several times the number carried by its contemporary. Why results? Because the Palladium is the mot popular paper in Richmond. Because it Is read more. Because it is the want ?.d medium of Richmond. Because it has the largest circulation in Richmond and the Sixth congressional district Indiana (5,4331 and its readers know of the bargains to be found on its want ad page. Turn to paze 7 today. Perhaps you will find Just what you waaL

LARGE CROWD SEES FLIGHT

Ionian. France, IVo. IS. Wilbur Wright, th1 American aeroplanist, today established a new world's record by traveling sixty one and a half miles in one hour, fifty-three minutes and fifty-nine seconds. The flight was made in competition for the Mitclulin prize of twenty thousand francs which he will win unless another aeroplmist heats the mark before the end of the year, which is extremely impossible. A large crowd witnessed Lie triumphal flight. CANNOT SPEAK AT Dr. Henry C. King, of Oberlin, Declines the Invitation Sent Him. BOSWORTH MAY COME HEAD OF OBERLIN SEMINARY INTERESTED IN Y. M. C. A WORK AND IT IS THOUGHT WILL DELIVER DEDICATORY ADDRESS. "I am sorry to say that I have felt obliged to decline all new invitations recently, because it seems absolutely necessary to hold my time for a series of important lectures promised for Harvard university; and I need particularly to keep the coming days of vacation clear of appointments. I feel compelled therefore to decline your very kind invitation. Sincerely yours, HENRY C. KING." With the keenest disapioinment Secretary G. L. Goodwin of the local Y. M. C. A. today read the above letter. Dr. King is president of Oberlin college and one of the most prominent religious and educational workers in the United States. He was wanted to deliver tie dedicatory address at the dedication of the Richmond Y. M. C. A. building, Sunday, December 27, Bosworth Invited. Mr. Goodwin states that he has now sent an Invitation to Dr. Edward I. Bosworth, dean of the Oberlin seminary, asking him to deliver the dedicatory address and he expects to receive a favorable reply to his invitation. Dr. Bosworth takes the most active interest in Y. M. C. A. work and is known as an eloquent speaker. E. L. Shuey, a prominent Dayton business man and for years an energetic Y. M. C. A. worker, has accepted the invitation extended to him to deliver the principal address at the reception held at the Y. M. C. A. on Monday, December 28, in honor of local shop employes, clerks and members of secret organizations. Mr. Shuey is particularly well qualified to speak on the subject, "The educational work of the Y. M. C. A., how it effects the employer and employe and the mutual benefits they will derive." On one of the days of the dedication week it is quite probable that a class of boys from the Dayton Y. M. C. A. will give an exhibition in the gymnasium of the local Y. M. C. A. This will be a distinct feature. eridge was nearly twelve years ago. when he was one of the low men in the first senatorial contest that he won. The names of Dan Simms, of Lafayette, is used today a a "dark horn'' possibility, but he is not a candidate, and is not taking any hand in the fight.

DEDICATION

He Can Do So Without Jeopardizing His Own Political Future and the Party That Elected Him. .

FAIRBANKS HIT BY THE PANAMA CANAL CHARGES Smith Is a Relative and Vice President Will Not Now GetAmbassadorship to England. , By Sheldon S. Cline. Washington. Dec. IS. Republican leaders in Congress say they have no desire to quarrel with President Roosevelt between now and March -4. It is very apparent the President ia not going to run away from a quarrel; but. then, the President is going out of office in less than three mouths and Republicans in Congress, except those who fell by the wayside last November, have got to keep on doing business. Mr. Roosevelt's fri -mis predicted two months ago that the President would "turn loose" this winter and indulge In some plain speaking. The prediction Is being abundantly fulfilled. Never before did official communications from the White House to the Capitol so "bluntly call a spade a spade. And he has made no secret of the fact that he has other plain language In stock ready for use should Congress invite its issuance. Can Have "Say" Now. When you come to think of It, there is no good reason why the President should not now speak his mind. He has champed at his bit, as It were, for several years because party and other considerations made It inadvisable for hint to employ the language be wanted to use in discussing divers men and measures. He can have his say now without Jeopardizing his own political fortunes or seriously threatening the fortunes of his party. Country Enjoys Situation. Congress makes no pretense of liking the things that have been handed it, but, on the whole, the country appears to rather enjoy the . situation. There are those, of course, who criticise the President for his most recent strenuosity, but the critic w always have with us. This criticism is not going to bother Mr. Roosevelt hugely. He 1s firmly convinced that public opinion will hack him up, and believes the more he lambasts Congress, the greater his popularity. Ami it would seem that he Is justified In this belief. . Cannot Endure Criticism. Congress, however Is in no position to endure public criticism; certainly not more so at this time than In the past. Senators laughed when the president's Vpecial Panama message was read. They would like tu pas off all his strictures. as a laughing matter, but they can't quite do that. Senatorial dignity has got to defend itself, even If defense be a precarious enterprise to venture upon. There Isn't any matter of doubt, though that Congress will breathe a long Bigh of relief when William H. Taft has taken the oath and qualified as Theodore Roosevelt's successor. The present strenuosity of ,Mr. Roosevelt, by the way. is going to b of very material assistance to Mr. Taft. Mr. Taft is much more conservative by nature than Is the present executive, but on occasions he has demonstrated that he can strike-and strike hard. Congress, very desirous of a rest, isn't going to Invite any blows from the incoming president. Single Head in D. C. President Roosevelt's stand in favor of a single executive head for the gov ernment of the District of Columbia, has revived interest in this very important project, but it is not believed the president's menage to congress will result ia securing any action at ,the present session. The time is too ; short to lake up and dispose of so com1 plicated a matter, even were the two ; houses so dipoed. A more import- ' ant reason '.3 that the matter has not i before been made the subject of presldential recommendation and congress, j with its prejudice against innovations, ! always has to be hammered at a while ! before it will undertake a thing of thi3 kind. Bat even were conditions at the capItol right for the passage of a bill changing the form of district govern

ment, there remain the obstacle that the people of the district are themselves divided as to Its desirability. The present three-headed government has Just as ardent champions and the proposed single executive plan baa earnest advocates, and both factions would swarm to the capitol should congress take up the matter for bearings before the district committee. (Continued on Page. Eight.)