Richmond Palladium (Daily), Volume 37, Number 188, 12 June 1912 — Page 1

EICHMOKO FAIXAXDIUM T AND SUN-TELEGRAM rOL. XXXVII. NO. 188. RICHMOND, IND., WEDNESDAY EVENING. JUNE 12, 1912. SINGLE COPY 2 CENTS.

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DOG CASE IS APPEALED TO UPPER COURT

Dr. S. E. Smith, Accused of Not Muzzling His Dog, Pleads Not Guilty, Is Fined and Appeals. WILL MAKE A TEST OF STATE STATUTE Which Provides that Orders of the State Health Board Have the Same Power as the Statutes. The state laws authorizing county find city health officers to order quarantines and the muzzling of dogs for stated intervals in times of rabies epidemics, are to be tested in the Wayne county circuit court. Dr. S. E. Smith, superintendent of Easthaven insane hospital, through an attorney, John P. Robbins, pled not guilty to the charge of violating the county health officer's dog muzzling orders this morning in police court. He was lined $5 and costs, however, and Attorney Robbins immediately gave an appeal bond, saying that he would take an appeal to the circuit court. Prosecutor Ladd will file an affidavit against Dr. Smith this afternoon. The state laws give the health board of the state authority to pass rules for the governing of the health of the state and stipulate that such rules shall have the effect of laws when passed by the board. A rule of the state board of health gives county and city health officers power to order muzzling or quarantining of . dogs when they deem such a step necessary. The validity of this act is questioned, and as it has never been tried in a test case1, Dr. Smith has decided to make the test. ' Case Important One. Authorities are hopeful of an early decision in the case, for the continuance of the muzzling, order in this, county depends on the results of the trial. If the court rules against the health officer and for Dr. Smith, the muzzling order will be rescinded. If the finding is in favor of the state, the owners of all unmuzzled dogs will be hauled Into police court and fined for- their violations. Dr. Smith is alleged to be the owner of a dog which last Saturday, innocent of a muzzle, ran after John Cross, 927 Boyer street, as he rode across -the grounds of the asylum, and bit him in his leg tearing the trousers. Dr. Smith is alleged to have purchased a muzzle for his dog, to have placed it on the dog and afterwards taken ft off. Legal authorities differ on the question of the legality of the order issued by the city health officer, the county health officer and the sheriff. The case will be closely watched, and promises to be a hard fought legal battle. , When Dr. Smith's name was called in court this morning he was not present; but was represented by Attorney John Robbins, who made a motion to quash the affidavit which he "'alleged was faulty on four points. The -motion was overruled. As he desired the case taken to circuit court, Mr. Robbins stated he was agreeable to a fine being assessed, which was done. Mr. Robbins then gave an appeal bond of $50. Roscoe Gibbons, 709 South J street, pled not guilty to the charge of violating the muzzling order. He stated that the dog strayed from his home last Thursday, escaping from the cellar in which it had been .confined since the order was placed in effect. He stated bis intention of shipping the dog out of the county. On motion of Prosecutor Ladd, who wished additional witnesses summoned, the case was continued until Saturday. NEGRO RUNS AMUCK AND KILLS THREE (National News Association) COLUMBUS, O., June 12 Three negroes are dead and a fourth one is dangerously wounded, as the result of Hud M. Alhderson, colored laborer, running amuck with a revolver here last piRht. . The dead: Mary Howard, sister-in-law of Anderson." v Joe Clark, Bertha Anderson, wife of the murderer. ' Clark had been paying attention to the Anderson girl and all three were apprehended by Bud Anderson. With the words "We might as well nil go to bell together," the negro drew his revolver and began firing. Both women fell dead and Clark died later in the hospital. When you take your vacation let the Palladium follow you. Telephone your vacation ad- f dress to No. 2566.

ALASKAN SHIPS IN DASHJfGIVE AIO Rushing to Kediak Island Where a Volcano Is in Action. (National News Association) WASHINGTON, June 12 Earth tremors, beginning at 7:50 and lasting until 8:30 o'clock today were recorded on the seismograph at the Georgetown University. The shock was hardest at 7:59 and is believed to be of the same origin as those recorded since the Al aska volcanlo- disturbance. ' SHIPS ARE SENT. SEWARD, Alaska, June 12. Every steam vessel along the Alaskan coast was turned into a rescue ship today and dispatched at full speed to Kodiak Island where 200 persons are reported ( have been overwhelmed with ashes from Katmai volcano. Refugees who i have reached Uyka during the past 24 I Hours assert that the six villages of Gold Bay, Katmai, Kanatuk, Douglas, j Savoonski and Kamgamute are buried beneath twenty feet of ashes and that at least half of their 43 inhabitants Lave perished. The situation at Woody Island on which 168 fishermen and their families live is unknown, but it is feared that all men have been suffocated by the devastating blanket of ashes. The fall of the ashes had materially decreased today allowing the rescue ships to travel rapidly without fear of disaster. Detonations from the four volcanoes along the coast continue, however. All vegetation has been destroyed by the ashes and it will be necessary jfor the government to provide suste nance for 10,000 persons. KAISER'S SAILORS ARE MODEST HEROES (National News Association) NEW YORK, June 12. Sailors from the visiting German squadron rescued a woman and a baby during a fire in Brooklyn early today. Seaman Richttr, of the cruiser Stettin was the only one of the modest heroes who would give his name. Several German sailors were returning from Coney Island on a street car when they saw a house in flames at 1442 East Tenth street. Mrs. Frances Wagner, who resided there, was at an open window on the second floor with her baby clutched to her breast crying for help. Without waiting for the caf to stop, the sailors jumped off, dashed into the burning smoke filled lower rooms and made their way to the Upper floor. One picked up the hysterical woman while another grabbed the baby. A crowd which had gathered cheered lustily when the sailors appeared. Two of them nearly had their uniforms burned off. WANT A NEW TRIAL OF FRAUNBERG CASE Motion for a new trial in the appeal case of Roy H. Fraunberg, for a liquor license in Jackson township, was filed today in the Wayne circuit court. The first hearing of the case occurred some time ago and was decided against the applicant. SUIT FOR DIVORCE With the allegation of abandonment, Carrie Byrne today filed suit for divorce in the Wayne circuit court versus Thomas J. Byrne. The complaint states that they were married NoveniJber 25, 1SS3 and separated May. L. 191J

HUMANE SOCiZT -

REPEATED ATTACKS MADE JHIARINES Has Caused U. S. Officers to Take Strict Precautions Revolt Flourishes. (National News Association) SANTIAGO De CUBA, June 12. Repeated attacks on American marines have resulted in strict precautions by the commanders of all detachments sent out to protect property in eastern Cuba. The declarations of government officials at Havana that the rebel outbreak is under control is clearly shown obe false by the insurrecto " opera tion. This city is today filled with refugees who fled from their property for protection of their' lives, bringing stories of rapine, arson and pillage committed by the soldiers of Gen. Estonez and Vvonet. They assert that terrible tortures are inflicted by the negro rebels, that women are daily outraged, mutilated and murdered. The government soldiers are not much better. It is asserted that they bave cut off the ears of captive rebels and turned them over to their officers ! as proof of their success. Reports were received early today of an outbreak at the Woodfred mines near Mayari, where 65 American marines have been sent with a rapid-fire gun. G, 0, P, CONVENTION Plans for First Two Days Made May Be Continued Much Longer. (National News Association) CHICAGO, June 12. The subcom mittee on arrangements for the Re publican national convention hag framed a program for the first two days. After that they don't dare venture. No one knows what will happen on the third day. Here is the program as far as it could be fixed. TUESDAY, JUNE 18. Convention called to order at noon. Prayer by Chaplain. Presentation of Gavel to Chairman of national committee. Reading of convention call by Secretary Hayward. Address of temporary chairman. Presentation of gavel to temporray chairman. Election temporary officers. Naming of committees on permanent organization: rules and order of business; credentials; resolutions. Miscellaneous business. WEDNESDAY, JUNE 19. Call to order by temporary chairman. Prayer of Chaplain.Report of committee on credentials. If this is not ready visiting marching clubs will be received. After acting on credentials report, reports of following committees to be received: Permanent organization; rules' and order of business; resolutions. Selection of honorary vice-preai-t'ents. THE WEATHER STATE Unsettled tonight and Thursday, slightly cooler in South-east portion.. LOCAL Fair tonight and Tuesday;

PROGRAM

ARRANGED

Thursday, moderate ttmjperaturcJjursTilie and was wrecked.

ASCHENFELOER TO THE STATE Young Thief Is Given Second Sentence to State Institution Today. Herbert Aschenfelder, who has been confined in the county jail for the past sixty-five days, serving a sentence given him by Mayor Zimmerman in police court, was today sentenced to from one to eight years in the Jeffersonville penintentiary, disfranchised for six months, and fined $5, by Judge Fox in the Wayne circuit court. There were two charges . against Aschenfelder, one affidavit charging him with burglary and the other charging him with petit larceny. Judge Fox declared that he would not sentence him qn the first count, and consequently this charge was dismissed. Aschenfelder, then, on the advice of his attorney, pleaded guilty to the charge of petit larceny. Aschenfelder was charged with having stolen a quantity of brass from a foundry in the east end of the city. Aschenfelder has been in the penitentiary before but was released on parole. He broke into a number of freight cars in the Pennsylvania east yards during the past winter and stole quantities of different articles which he was alleged to have taken and hidden in the home of Mrs. Reba Bodkins, North Twenty-first street. Some time ago Mrs. Bodkins was given a hearing upon the charge of re ceiving 'stolen goods in the circuit court but was acquitted by a jury. At the time Aschenfelder was one of the principal witnesses for the prosecution. , Aschenfelder has figured in a number of police cases in this city within the past few years. On a charge of stealing brass Mayor Zimmerman fined . him 25 ond costs and gave him thirty days, making a total of sixty- ! five days in the county jail. This sen tence was completed yesterday. GERTRUDE D. SMITH CHOSEN PRINCIPAL Gertrude D. Smith, a graduate of the local high school and who will graduate from Earlham this year, will assume the responsibilities of principal of the Clay township schools during the coming year, according to an announcement made this morning by Charles O. Williams, county superintendent of public instruction. Pierre Helms, who taught in the Abington township schools last year, has been appointed assistant principal of the Clay township school. Eva Addleman Who also taught in Abington during the past year has been appointed to District No. 3, Clay township. The other teachers in the township areJ Reese C. Bowton, superintendent, Isabelle Kienzle, grammar room; Ruth S. Harris, second primary; Ethel M. Moore, primary, and Flossie Neff, supervisor of music. HAPPY AUTO RIDE BECOMES TRAGEDY (National News Association) BINGHAMPTON, N. Y., June 12. Louis M. Morgan, a drygoods dealer, is dead; II. P. Weller, a newspaper luan, is fatally hurt, and Harry A. Lumity. formerly manager of the Brooklyn baseball team, who was recently deposed as manager of the Binghampotn team in the New York state league, is seriously injured as the result of an automobile accident early today. The uiachine in which the men were riding fckidded into an iron bridge near Har-

PRISON

News Nuggets

(National News Association) NEW YORK, June 12. A Daschund belonging to Eugene McCarthy, seized his master's fishing pole, which has been set at Highland Lake, and hauled out a big sunfish. NEW YORK, June 12. The state fisheries commission has notified dealers that the custom of putting wooden things in the mouths of lobsters to avoid being bitten must be adandoned or the dealers will be arrested. PHILADELPHIA. June 12. W. W. Atterbury, vice president of the Penna R. R. has created a trust fund for the four children of Mrs. Mary E. Madden, who was struck and killed by his automobile Sunday night. NEW YORK, June 12. Would be burglars were chased from the roof of the Belasco theater by David Belasco, who used a stage pistol to intimidate the prowlers. WINNIPEG, Man., June 12. A. Torvinson, son of a prominent minister of this place, was found looting a store and after a desperate struggle was arrested. He says high living drove him to burglary. COLUMBUS, O., June 12. The supreme court of Ohio has made the following ruling: "When a woman steps backward from a moving street car an(J is injured she is enItled to no damages." SOUTH NORWALK, Conn., June 12. After courting her one week and getting her "yes," Kenneth M. Fitts, of Cleveland, and Elizabeth Pettzol of this place, discovered they had been childhood sweethearts in New York. BOLT IN I TAFTJAIS NEAR Watson Holds a Conference Today with Dixon, Roosevelt Manager. BY CARL MOTE. CHICAGO, June 12. Colonel Roosevelt will get 46 electoral votes next fall from West Virginia and Pennsylvania, states which went heavily for him at the primaries and which are represented on the national committee by Taft men, whether the national convention nominates Roosevelt, Taft or a third man. "Bill" Flinn of Pennsylvania, and Governor Glasscock of West Virginia, in interviews today that electrified the delegates declared that if the Taft steam roller succeeds in burglarinzing the convention their states will deliver their electoral votes to Roosevelt. They said that the plans will apply in all states where the success of the state and county tickets depends on the name of Roosevelt. r From all parts of the country protests against the actions of the national committee are reaching Chicago. Indiana has joined in these protests as is shown by a telegram to Edwin M. Lee. The telegram is signed by Ed Hartley of Floyd county and reads, "The Floyd county Republicans will not stand for the nomination of a committee made candidate. We will assemble and resolve to that effect." Protests are reaching Chicago from Kansas, Nebraska, Oklahoma and Ohio. It is said here that several mass meetings in Indiana have been called to protest against the misrepresentations by Harry S. New of the Hoosier Republicans. The threatened break in the Taft forces in Indiana is imminent. Charles Campbell, Roosevelt national committeeman, and James E. Watson, a Taft delegate at large, had a conference with Senator Dixon today and while neither would make any announcement following the confession, it is practically, certain that four or five Indiana Taft delegates will desert him for Roosevelt. No announcement of names can be made at this time. When Indiana is called to vote in the convention the majority of its votes are fairly certain to be cast for Roosevelt and Charles Campbell is reasonably certain to be elected national committeeman. LILLIAN RUSSELL IS A BRIDE AGAIN (National News Association) PITTSBURGH. June 12. Lillian Russell embarked on the sea of matrimony for the fourth time today. She was married at the Schenely hotel to Alexander C. Moore, publisher of the Pittsburgh Leader. The contracting parties tried to surround the wedding with secrecy, but Manager Kramer of the Hotel announced about noon that the tamous actress had wed. TWO PEOPLE KILLED AND FIFTY INJURED ("National Newt Association) CHATTANOOGA. Tenn June 12. Two railroad emiloyea were killed and more than fifty passengers were injured when an excursion train on the Western and Atlantic railroad was wrecked near Dal ton. Ga today. The Injured are being cared for in the homes of Dalton citizen.

NDIAIIA

TWO CALIFORNIA DELEGATES TAKEN FROM ROOSEVELT AND HANDED TO THE PRESIDENT

NEW SENSATION IN THE TITANIC CASE Careless Actions of British Board of Trade Are Brought to Light. (National New Association) LONDON. June 12. Light of a sen sational nature was thrown upon the manner of applying the regulations of the board of Trade which govern the safeguarding appliances on English ships when the British inquiry in the Titanic disaster was resumed. Sir Walter Howell, chief of the ma rine department of the board of trade was called to the stand and testified that the number of passengers a ship carried had never entered into the calculations as to the number of lifebeats she should carry. Nor was the ize of the crew considered. The law governing the number of boats was based solely upon the gross tonnage ol ships. Sir Walter said. Sir Walter admitted the Board of Trade regulations were antiquated but said he was not competent to answer why there had been no alterations in the past eighteen years. "I suppose the need of new laws for protecting life at sea had not occurred to anyone," he said. Lord Mersey then reverted to the testimony relative to the legal number of lifeboats. "It seems to me on the surface of things," remarked the presiding officer, "that a ship should carry enough lifeboats to save everybody on board. If what happened in the Titanic disister was a fair example the number of boats should be increased one third. The same suggestion was made by Attorney-general Sir Rufus Isaacs. Sir Robt. Finlay, counsel for the White Star line said there would be insufficient seamen on a ship to man the lifeboats if that were done. SEIZED OH STEAMER When It Docked Were Two Alleged Thieves. (National News Association) NEW YORK, June 12. Two police lieutenants met the Kron Prinz Wilbelm when she arrived today and arrested Clark A. Miller and Alfred H. Motley, Jr., upon the charge of gAnd larceny of 100,000 from the United States Lithograph company. The two men have figured in International negotiations for weeks. They were arrested in London .upon a warrant issued by the president and were discharged March 31 on the ground that the proper extradition papers had not been sent to England. Immediately after their release the two men came to America to fight their cases without extradition papers. They are charged with getting $100,000 from William Ottman, Jr., president of the 17. S. Lithographing Co. by making false representations concerning the value of a lithographing process. SOME BOYS CANNOT WAIT UNTIL FOURTH Premature explosions of Fourth of July exuberances are now being heard all over the city. The police have already begun to receive complaints of this nuisance, and desire to warn all inclined to rush the season of noise makiiig, that arrest for this offense will be accompanied with a heavy fine. A city ordinance makes it unlawful to explode any of the various noise makers except from midnight of the third of July to the midnight following. EARTHQUAKE FELT IN DIXIE STATES (National News Awnxirftion) CHARLESTON. S. C. June 12. A slight earthquake was felt here this morning at 5:30 o'clock. Reports show it was felt in a wide area. AUGUSTA, Ga June 12. Augusta felt three distinct earthquake shocks at 5:30 this morning. The duration of each was about fifteen seconds, and was sufficient to badly frighten the negro population. In some places mortar was shaken from the chimneys. WERE NOT GUILTY Two itinerant photographers were arrested this morning on the eharge of photographing in this city without a non-resident's license. The. men claimed they were taking pictures for a magazine and did not solicit or aell any pictures here, so the city ordinance being faulty in not covering thin point, the men were released. They will be arrested if caught trying to dispose of any of their pictures for this action is guarded against by the ordinance.

MOST DELIBERATE THEFT ON RECORD WAS PERPETRATED

Heney, of Frisco Graft Fame Fights for the Colonel ana the Argument Was a Most Bitter One. GOVERNOR JOHNSON DELIVERS HOT ONE Refuses to Attend a "Trial of Stolen Property by the Thiefi' Taft Is Also Given Arizona. (National Nw Association) CHICAGO, June 12. Running remorselessly over the Roosevelt contestants the Republican national committee sent its steam roller into California today. The Taft men from the fourth district in that state were seated after a Ight so bitter that the loud voiced arguments of the attorneys could be beard outside the- committee room. Francis J. Heney "the Ightlng prosecutor" of San Francisco graft case fame, argued the contest for Roosevelt after Governor Hiram Johnton, who came to Chicago today, refused to appear before the committee, raying he would not consent to a tt ial of stolen property by the thief." His statement, which was sent to Heney as the reason for the California executive's refusal, to appear, was read before the committee while Motor " Rose water, chairman, hammered vigorously with the gavel to try to nulet Heney, and the other -Taft members of the committee shouted protest ' at him. Involves Technicality. The fourth district contest. Involving a technicality, was characterized by Gov. Johnson as a thief. He declared it was an opining wedge and that the Taft men would steal the entire California delegaUon provided they needed the votes. The Roosevelt ticket swept California at the primary by a vote of 70,000. In the fourth district," a part of the , city of San Francisco, which Heney charged was "boss-ruled" the Taft supporters claimed to have elected their ticket although Roosevelt delegates were elected by an overwhelming - majority In the state at large. A vote was taken after the stormiest arguments that hare yet been waged before the committee. The motion to teat the Taft delegates was made by Esterbrook of New Hampshire. Senator Borah was on his feet In an instant with a substitute motion to seat the Roosevelt men. There was a vice voce vote and the substitute motion was declared lost. Then the roll call on the original motion was ordered. By a vote of 37 to 16 the Taft men were seated. The steam roller had done its work. STEAM ROLLER CHUGS. CHICAGO. June 12. Six delegates at large from Arizona, the entire state delegation, were seated for Taft by the Republican national committee today. The decision was reached after the Taft men had considered evidence showing that their delegates were elected by the "regular" convention, and that the Roosevelt delegates to the Arizona state convention did not even present their credentials to the convention credentials committee. The Roosevelt delegation was elected at a bolting convention. When the arguments had been presented Neville Saunders of Washington, moved to seat the Taft delegates. Senator Borah of Idaho, presented a substitute motion to seat the Roosevelt delegates. He demanded a roll call. Only engbteen committeemen stood up and then the Borah motion was lost on a vive voca vote. The Saunders motion was then carried by a vive voca vote. An attempt to secure a roll call on this motion also failed. ( The contest in the fourth California district waa then called for a hearing. Following a bearing of the case a motion to seat the Roosevelt delegates was lost. Johnson In Chicago. Governor Hiram Johnson of California, reached Chicago this morning. (Continued on Page eight) NOTHING IN THE WORLD IS VALUELESS Had you thought that discarded article of furniture, home equipment, wearing apparel could be sold by Want Ad? TRY THE WANT COLUMNS- THEY BRING RESULTS.