Richmond Palladium (Daily), Volume 34, Number 206, 2 June 1909 — Page 1

AND SUN-TELEGRAM.

VOL. XXXIV. NO. 206. mCIIZlOND, INTX, WEDNESDAY EVENING, JUNE 2, 1909. SINGLE COPY, 3 CENTS. JURY WILL SEEK PROVOCATION OF THE TWO MEEKS PURCHASERS IIEEO GORDON NOW OUT OF THE CONTROL OF EVENING ITEM GRAND JURY HOT Fails Give up Copper Company's Books IIOTJE HUMMED HEMKLhRK case Titles to Lots in Highland Ad Young Man Returned to Jail dition Not Questioned. By the Court Today.

Yasv the Chopping Down of Fence Sufficient Cause to Assail Railsbacks, a Pertinent Question.

THE INDICTMENT MAY HINGE ON THE ANSWER This Morning Judge Fox Told Jurymen That the "Right of Defense Is Inherent" Right to Resist. FRED KRONE IS FOREMAN THIRTY-FIVE WITNESSES TO BE EXAMINED BY THE STATE AND INVESTIGATION WILL LAST THE ENTIRE WEEK. Was the chopping; down of their fence a sufficient cause for Alexander nd Raymond Meek to assail Joel, Frank and Larkin Railsback on the xnorning of May 10? Upon the answer to this question knay depend the nature of the indictment returned by the grand Jury, which today took up the Investigation of the case. Or it may be the jury will decide the murder was justifiable s in defense of life and not return an Indictment. That would mean the Justification of Joel Railsback's part in the celebrated battle with guns as the. result of the line fence feud. :: Court's Instructions. "The right of defense is. inherent" aid Judge' Fox In his instructions to the grand' jury. The court declares If a man in a place where he has a lawful right to be' Is assailed without good cause and under circumstances leading him to believe life Is about to be taken he has -the right to resist and if life be taken he will be held blameless. With such a clause in the Instructions the case will rest solely on the opinion of the grand jurors as to the cause leading the Meeks to threaten, the Railsbacks. The grand jury as it began its sessions was composed of Fred Krone, Jr foreman, Joseph Outland, Charles Davis, Casper Shafer. Otto H. Weber and John W. Cook. About thirty-five ' 1 1 , i . i . i i. . -witnesses win ue mamiueu oy uie state and it is not probable the examination will be concluded before Saturday. Eight witnesses were summoned to appear today. Ray K. Sniveled wss this morning sworn in as a special deputy prosecutor and will assist Prosecutor Ladd in the conduct of the case. The two will devote their time almost exclusively to the case. Greets His Parents. - When Joel Railsback, who Is charged with murder, entered the court room this morning he saw his aged father and mother sitting there. He hastily crossed the room and without noting the other members of the family, who were present, embraced her, kissing her on the lips. He shook bands with his father and greeted liis brothers Larkin and Curtis cheerfully.. The other brother Prank, who was injured by a shot from Raymond Meek's gun remains at the hospital and was unable to be in court. Strong ties of affection have been displayed cy the brothers throughout the period that has followed the shooting. Young Joel sat with his attorneys, dessup and Jessup during the empanelling of the jury. The court gave him the customary privilege of challenging any of the jurors, but he took no exceptions. Joel Railsback does not look the part of a criminal and those acquainted with him have always regarded him as quiet and peaceful unless inflamed by temper. Court Urges Haste. The court In his instructions spoke nf thA time rf tho voir mnA nan A haste upon the part of the jury, so as not tc. keep themselves or the , witnesses from their work longer than necessary. The court told the jury It will determine the indictment -on the question of the probable guilt and the reasonable probability of a conviction of the charge by a petit jury. In his instructions the court said, also: . "The right of defense is inherent. It extends throughout animated nature, be it flesh, fish or fowl, if a man is In a place : where he has a lawful right to be and he or members of his family are without; any good cause or excuse threatened or assailed by another in a manner and under such circumstapces as plainly indicate to a man of ordinary caution and prudence that life Is about to be taken or serious bodily harm Inflicted he may at once defend and in doing so ' may use such force and such means as to him at the time, situated as he is, seems reasonably necessary for the purpose, and If In doing so he takes the life of the assailant the law, regarding the infirmities of human nature, will excuse and hold him blameless, providing he acts in good faith; but the law requires that his act (Continued on Page. Two.).

MI t ' .V si . - , I k If - -v &

P. Augustus HeinzeT'fhe "Copper King," who failed to produce the books of the United Copper Co., needed by the grand "Jury, when ordered by the U, S. Court. Mr. Heinze has not yet made any explanation of his failure to produce. the books. V

MYSTERY IS SOLVED Russian Railway Officials Were Arrested Today For Robbery. MANY THEFTS COMMITTED Odessa,' June 2. Tie mystery sum rounding, the systematic robbing of the Moscow & Tiflis railroad for two years past, during which booty aggregating $12,500,000 has been stolen has been solved after a long investigation and today . two high officials of the road and 155 other employes were arrested as the thieves. v An' organization which , extended the entire length of the line and com prised employes, high and low, in all branches of the service, was uncov ered by the police. Valuable mer chandise was made away with without the slightest clew to the thieves or their methods being left behind and the - loot was marketed as skillfully and secretly as it was stolen. The police are confident that in today's arrests they have cleaned up practically the entire gang. MAJOR 0STRANDER ILL. Major J. S. Ostrander, formerly mayor of this city, is ill at his home on North Fifteenth street. His illness Is due to a nervous collapse. CRITICALLY ILL; DID NOT KNOW IT Mrs, William T. Bull, wife of the famous surgeon, who died of cancer last March, who has been seriously 111 of appendicitis at her New York home. Her condition was learned only after she had jiassed the crisis of the at tack.

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A TRAG!C SUICIDE Prominent Indianapolis Wom

an Hurled Herself Under a Car. SHE ESCAPED PURSUERS -.-Indianapolis, -June S. Temporarily insane as the result of illness and reading of the many recent suicides, Mrs. J. W. Beechey, forty-five years of, age, wife of a prominent doctor, leaped in front of the Pennsylvania street car, Pennsylvania street, at four o'clock this morning and was crushed to death. Her body was frightfully mangled. She left the house dressed only in a night gown, and after trying to jump into the cistern fled from the yard and while being pursued, jumped in front of a swiftly moving car. The motorman had no opportunity to stop. A STRIKE LEADER MAKES A CHARGE Says He Was Offered $25,000 To Call Off Striking Car Employes. BRIBER'S NAME WITHHELD DESPITE STEADY IMPORTATION OF STRIKE-BREAKERS, PHILADELPHIA TRAFFIC REMAIN8 AT A STANDSTILL. Philadelphia, June 2. Shooting began in the street car strike today. The rioters attacked a passing trolley car manned by . the strike breakers and showered bricks, and stones. The police used revolvers and clubs and several on both sides were Injured before the mob was finally routed. Philadelphia. June 2. The sensational charge that he had been offered $25,000 to call qff the strike of the motormen and conductors of the Philadelphia Rapid Transit company, ;. was made today by CL C. Pratt, chairman of the international executive board, who Is Ih charge of the strike. . T was offered $23,000 by men in this city to call off the strike and get out of town," Mr. Pratt declared. "An attempt was made to bribe a Willow Grove conductor to turn a batch of motormen over to the company. He was offered $1,000." The name o fthe man who offered the bribe, it Is said is known, and an Investigation is being made. Mr. Pratt said the offer had been made over the telephone. Mayor's Statement. Mayor Reyburn could not be reached early today, but his secretary. W. F. Gieason, declared that the mayor had no knowledge of the alleged bribe offering. "The mayor's only Interest In the strike Is to guard the Interests of Philadelphia's citizens," Mr. Gieason said. ' Despite the steady Importation of strike-breakers, chiefly from Kew York the attempt of the company to run cars was a dismal failure. At 8 o'clock last night traffic on the surface lines Awas again entirely- suspended, ,,.-. ?

"There is nothing about which purchasers of lots in the new Highlands

addition may feel any alarm," stated an attorney concerned this morning. A controversy has arisen, but it relates to the location of certain streets and does not affect the titles to lots. A mistake was made in platting the addition, but it is believed It will be settled without any" difficulty. IS COHTESTED again Fight on Regarding Curbs and Gutters for North A Street. WAS DEFEATED LAST YEAR BOARD OF PUBLIC WORKS THIS MORNING HEARD ARGUMENTS OF THE PETITIONERS AND REMONSTRATORS. v The proposed improvement of South A street from Second to Twenty-first by the construction of cement sidewalks, curbs and gutters watf before the board of public works today for a hearing. Both petitioners and remonstrators were represented at ( the board's meeting. The remonstrators appeared to be in the majority. It was claimed by some that the improvement east of Eighteenth street would not be justified as there are too few residence properties. Some wanted the walks and not the gutters, others said the - gutters are needed but no walks. Still others wanted the improvement on only one side If It were objected to by the property owners across the street. . Was Tried Before. The ItfprweTnenlrlmrbeenr tried before and last year was defeated by the remonstrators. ' At that time it was said by several of them they would not oppose the .improvement this year. The board carried the matter over and now has renewed its agitation. South A street is one of the main thoroughfares of the city. There is a great deal of travel on it both by vehicles and pedestrians. The roadway .is not in 'good shape and if the property owners will put down walks curbs and gutters the city offers to take care of the roadway and put it in good condition. There is a few places along the street where the walks are in fair shape. These pavements are of star or hard brick and almost level. But in other places some of the worst walks in the city are to be found. There are sections which are covered by the old style flag stones. To walk over these stones is a matter of difficulty and hundreds of ankles have been sprained while the trip was being made. The street is but one square from Main street and those advocating the improvement regard a flag stone pavement in such a place as next to a disgrace to the city. Bad in Wet Weather. In other places the pavement is comparatively good in dry weather but when it rains hard boots or boats are neded. The tree roots and other causes have made ridges through the walks, elevating or depressing the bricks and as the' result when ever it rains the water collects in puddles. In other parts there is no walk but gravel. In some parts the pebbles have been worn away by the use of the surface or are covered with silt and after a rain this makes a mean, sticky mud, which is very disagreeable to walk through. There are places where the gutters are too low and water stands for days following each rain. It is a boulder curb and gutter and weeds grow between ...the stones and make an unsightly appearance. Those favoring the improvement are in earnest in their advocacy and those opposed are remonstrating vigorously. The result will be awaited with interest throughout the city. A SHORTAGE FOUND Lewiston. Idaho. June 2. National Bank Examiner Claude Gatch la authority for the statement that a shortage has been discovered in the funds of the Lewiston National bank. The stockholders have made the alleged shortage good. It is said to have been $137,000. HAS BLOOD POISONING. can urano, a weu known young man Is confined at his home suffer ing from blood poisoning In his foot. He stepped on a nail a few days ago. - THE WEATHER PROPHET. INDIANA Cloud and local

MPROVEMENT

At Meeting of Stockholders Yesterday Afternoon, It Is Stated, Managing Editor Was Voted Out.

CITY EDITOR SWII j GIVES UljPOSI Retired From His Duties at Noon Today and Reporters Say They Do Not Know Who Successor Is. J. Bennett Gordon. It is stated, was voted out of control of the Evening Item as managing editor at the annual meeting of the stockholders yesterday afternoon. Mr. Gordon remains with the paper for the time being and this afternoon acted as city editor. The actual news of the meeting has been made difficult to obtain because of reticence to talk on the part of those who know. It is understood a complete reorganization of the editorial and news department is to follow wlthia a short time. At noon today City Editor Swing of the Item severed his connection with the paper and went to Indianapolis. This morning the reporters said they did not know who will act as city edi tor tomorrow. It was stated that noth ing has been said to the employes and they do not know whether they are to retain their positions or not. The paper Is to continue its publication but who will direct It is not known. Denial by Bernhardt. One of the chief topics for discussion in downtown circles today was the ' probable successor of Gordon. Several names were mentioned among them being that of Carl Bernhardt, an editorial writer on this paper. Upon this point, Mr. Bernhardt said today: "Please say for me in regard to the statement of the Morning News that rumor has connected my name with the' editorship of the Item,. that such fc rumor is entirely ' unwarranted There is not the slightest foundation for; such a story." William Dudley Foulke, one of the owners of the paper, was expected home from the east tonight. His re turn probably will solve the mystery. There was comment that Mr. Foulke would bring a man from the east to manage his paper, .but the rumor lacked confirmation, ft? Mr." James Mor risson, who has been Representing the stockholders, other '.han Gordon, is expected to return to Chicago this ev ening. BIG FIRE RAGED 111 A FREIGHTER New York Firemen Gallantly Combat a Very Threatening Blaze. EMBALMING FLUID BURNS FOR A TIME IT WAS THOUGHT THAT THE BLAZE MIGHT SPREAD ALONG A BIG SECTION OF RIVER FRONT. New York,. June 2. Fire was dis covered early, today in the forward hatch of the steamship Marina, the 3,322 ton freighter of the Phoenix line, docked at the line's pier, at Hoboken. The flames gained rapid head' way and it was feared that the liner would be totally destroyed. Dense clouds of smoke and bursting hose hampered the firemen in their work and many were overcome. Carried to Safety. A quantity of embalming fluid stored on the pier caught fire and the firemen were overcome time and again by the fumes. They were carried out of the danger zone by their comrades, and as soon as they had been revived replaced fresh victims, The cargo on the liner consisted of rags, chicory and glue. No estimate of the damage could be had. The Phoenix line pier is just above the New Holland-American line pier and the firemen were ordered to be ready to check a spread of the flames In that direction. FATAL FAMILY FEUD Upland, Ind., June 2. As a climax to a Ions; standing; family onarreL Wil liam Cray, salesman for a Marion hardware firm, shot and perhaps fatal ly wounded his brother-in-law, Alonxo Bellville. at the Pennsylvania railway station here last night. Gray claims elf deft

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Harry Clark,, the young man charg

ed with forgery was brought into court this morning to be present at the empanelling of the grand jury. But' Judge Fox determined not to direct the attention of the jury to this case and Clark was taken back to Jail. The young man will be defended against the charge by the pauper attorney. A question as to the form of the affidavit arose and the court has held it good. AMERICAN COTTOII LEADS THE WORLD United States Is Still Leading In Output of This Product. CROP LAST YEAR LARGE IT WAS THE THIRD LARGEST IN THE HISTORY OF THE CO UNTRY AND THE SOUTHERNERS ARE DELIGHTED. , Washington, June 2. The United States lived well up to its record as the world's greatest cotton producer with its 100S crop, when It furnished 6 per cent of the total of 17,000.000 five-hun dred pound bales produced. Express ed in bales, and Including llnters, America last year gave to the world just 13.5S7306 of the big burlapped bundles, which plays so great a part In keeping the rest of . the world's ready money flowing In our direction. Made Good Showing. " The 1908 crop was the third largest In our history, being exceeded only in 1004 and 1006 and was 078.751 bales over the average of the last five years. according to ' the 'census bulletin on cotton production made public today. Of this total 45.9 per cent came from the territory west of the Mississippi river, while 54.1 per cent or 7.355.1 8 bales " came from the states to the east. . . Texas raised the second largest crop in her history, 3,918,084 bales, only 308,740 bales under her high mark of 1906. Her share of the nation's total last year was 28.8 per cent. Other states showing material increase over 1907, were Arkansas with 33.4 per cent, Alabama, 21.3 per cent, and Mississippi with 13.3. Louisiana again sustained a great loss, reporting but 70.1 per cent of the 1907 crop, while Oklahoma's yield was but 80 per cent of the former crop. Georgia for the last two years has ranked next to Texas in production. Last year she produced 1,989,077 bales, her' record crop. . ARREST A SUSPECT Los Angeles, Cal., June 2. Charles Barre is under arrest here, he having had in his possession a gold bracelet that tallies with the description of the bracelet taken from Laura Rogester, who was strangled to death at Provi dence. R. I. He was trying to sell the bracelet at the time he was arrested. He could give no satisfactory ac count of how it had come Into his pos session. , IS THE CHAMPION SPRINTER OF NAVY Jlr ''its in r Lieut. F. T. MeXair, of the United States Navy, who Is undoubtedly the best distance runner in the navy at the present time. He la Jaaomr fba amateur tiuuBptooau

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SPEAKER CA000D CAIII10T ATTEOD THE CERELMES Distinguished Statesman Declines Invitation to Ccms to Earlham's Big "Birthday Party." UNCLE JOE FORMERLY J. ATTENDED COLLEGE

Arrangements for the Banquet Are Now Being Mads by tha Committee Exercises for A Week. "Uncle" Joe Cannon, speaker of the National house of representatives, will not attend the banquet at Earlham college on the evening of Juno 15, which Is to be held in commemoration of the fiftieth anniversary of the founding: of the institution. Speaker Cannon was a student at the college when it was known as a boarding school," and though his star was not long, he always has displayed a tenderness for the Quaker seat of learning. President Kelly ; sent the speaker an invitation to bo present at, and participate in the festivities of an niversary week, and has received a letter in response, 'In which "Uncle Joe regretfully declines, sarins: that ' tariff legislation now pending In congress,; precludes the possibility of his getting away even for a day or two. Arrange Banquet. Arrangements for the banquet are being made by the committees la charge. It is probable that the affair will be held at the Coliseum If It is found Earlham " hall Is too smalL Judging from the number , of acceptances of Invitations tendered former students and alumni there will, be several hundred present. The program is in charge of Mrs. John H. Johnson, and a committee, and Is practically eomplet. - The banquet will be the climax of a week of exercises in commemoration of the anniversary. An effort la be ing ssaoe toBe- at least as of each class of the fifty years Considerable success In this effort to being met and by the time for the holding of the banquet It Is believed that enough acceptances of Invitations will be received to carry out this feature of the affair. Will Give Responses. Among those , invited to respond to toasts at the banquet are. Albert H. Votaw of Philadelphia, who graduated In 1874; Morris Wright, of Mllford. Indiana, a member of the class of 1870, who is the only living member; Sumter Haynes of Indianapolis. Mrs. Charles Rowand of Marion and a number of others. Music appropriate for the occasion will feature the banquet. At the afternoon meeting at Uadley Hail, reminiscences of the old times will be given by different visitors. Addresses by members of the faculty will also be given. Prof. Elbert Rnssel will speak on "Earlham In the Present, Prof. Harlow Lindley. "Earlham in the past" and President Kelly on '"Earlham la the Future. " There Is a long' list of former students who have been Invited to attend and give their recollections of student days. Senator Dixon, a close friend of President Kelley and his class mats at Earlham. Is one of the Boost prominent persons who i expected to be present v, " Seme of Notables, Dr. Caswell Graves, of the faculty of Johns Hopkins University; Dr. Erastus Test of Purdue University faculty; Dr. Caroline Miles Hill, secretary of the Illinois Equal Suffrage association, with headquarters at Chicago, and a member of the graduating' dase of 1887. Dr. William Hill of University of Chicago, will be here, and probably make short responses. Among others who are expected are: Judge Vinson Carter of the superior court of Indianapolis, Thomas Charles of Chicago, an old boarding school student; Mordeeal Morris White, president of the Fourth National bank of Cincinnati, another old boarding school student.-and Dr. Samuel B. Heckman of New York City college, a graduate of Eariham la WOOL ' -V ; i.:'- : MARRIAGES 10 MAY Twenty-seven marriage Ueease Issued during May. The number larger than that of the month, but unless a large Increase Is made during the refnaiader of the year the total will not equal that of the year before Cupid seems to be tag on his job is Wayne sie : our oo oo New York. Shea. formerlT- nvesldeat of tne ' eters asJoa. charged wtSh ta,s t affinity. Alice Wals. twenty ttama, was today released on a (3C3 tni. The girl to sail warn, to to d C'