Morning Oregonian. (Portland, Or.) 1861-1937, March 19, 1907, Page 5, Image 5

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    THE MORNING OREGONIAN. TUESDAY, MARCH 19, 1907.
CHANGE QF FRONT
Emperor Willing to Discuss
Disarmament.
VICTORY GAINED FOR PEACE
Only Question Is rm in Which
Conference at The Hague Shall
Take Vp Subject Anglo
Saxons Win Point.
LONDON. March IS. The news received
here from St. Petersburg that the German
and Austrian Ambassadors to Russia had
had audiences with the Emperor to dis
'iiss the. form in which the question of
the reduction of armaments should be
presented to The Hague peace conference
lias gratified officials of the foreign of
flce here, as this was the first official in.
Ilmation that Germany and Austria will
tint oppose the discussion of this matter.
When this subject first came up, there
was strong unofficial opposition from
those two countries, while officially they
were non-committal, although doubtlessly
they would have preferred that the ques
tion of armaments should not be included
In the programme.
tlreat Britain, as set forth in these dis
patches, has been confident that the sub
ject would be discussed at The Hague,
officials here contending that Russia could
rot exclude the question when it was pro
posed by one or more powers, supported
"by the majority. The only point left to
decide is the form in which the question
will be presented and on this exchanges
will take place among all the foreign
offices roncerned.
Replying to John Lonsdale's question in
the House of Commons tonight as to how
t he subject would be raised at The
Hague, "Walter Runyan. Financial Secre
tary of the Treasury, said Foreign Secre
tary Gray could give no information until
the final invitations to the conference bad
been issued and the manner of the pro
cedure settled.
C1U.ME OK ELECTRICITY DID IT
Two Very Different Theories of Ex
plosion on Jena.
TOULON. March IS. The explosion
which destroyed the battleship Jena, it is
now believed, may possibly have been due
to a criminal act. A sailor has been ar
rested for having spoken in gratification
at the disaster, and the commander of an
other warship has received a letter threat
ening a similar catastrophe to his vessel.
Naval officers are demanding that sail
ors in possession of anti-militarist prop
aganda be promptly given shore duty. A
launch in which President Fallieres visit
d the fleet during the past week sank In
the harbor Sunday. A defective keel
beam was the cause.
M. Naudin, the wireless telegraph
expert, advances a new theory regard
ing the cause of the disaster. He says
that at the time of the explosion it
was noted that powerful wireless cur
rents were passing, and he believes
that the vessel's isolation in the dry
dock here resulted in the accumulation
of secondary Hertzian waves in the
powder magazine from the ship's wire
less apparatus, and that an. outside cur
rent communicated a high-tension
spark.
.SMALLPOX PAXIC HITS PARIS
Few Caes From North Africa Cause
Stampede for Vaccination.
PA RIS. March 18.--The appearance
of, a few cases of Mnallpox here has
greatly alarmed the people. Thous
ands of persons have been vaccinated
during the past few days and the
hospitals and academies of medicine
are besieged by crowds of people anx
ious to be vaccinated. The author
ities, however, say that theTe is no
real danger of an epidemic.
lr. Mesqureur. director-general of
public service, informed the Associ
ated Press that the reports that the
situation had grown worse were un
true. Ho said there had been only
two deaths and there were six cases
under treatment. Ir. Mesqureur added
that cases in Paris which were of a
particularly virulent typo had all been
i traced to Tunis and Tripoli.
Ml All YIELDS TO ASSEMBLY
liHiiin?C3 Grand Vizier and His Un
cle In Response to Demands.
TK1IERAX. March IS. The Shah has
accepted the resignation of the Grand
Vizier. Mushir ed Dowloh.
Yielding to the loud prayers of the
population and supported by the Na
tional Assembly the Shah has also dis
charged his own uncle. Prince Zill Ks
Sultan, from the Governor-Generalship
of Ispahan and appointed as his suc
cessor Nizan Ks Sultan, formerly the
assistant of the present Shah when
lie was governor of the Azerbaian
Province.
The retirement of the powerful Governor-General
of Ispahan, who for sev
eral decades has' been the autocrat of
that city, has strengthened to a very
great degree' the prestige of the Na
tional Assembly.
AhQUTH OFf'KKS Ml HOPE
Two-tent Anglo-American Postage
In Distant Future.
LONDON". March IS. Chancellor of
the Kxcheuuer Asquith today received
deputation representing some 200
members of the House of Commons,
who urged the establishment of a two
rent poRtal rate with America. Mr.
Asquith said there was no indication
that the American Government was
in favor of conceding a two-cent
i ate and, while he promised to bear
the matter in mind, he carefully re
frained from commiLing himself to any
liefinite- pledge.
On the contrary, the Chancellor
rather threw cold water on the pro
posal by the emphasizing the existing
heavy demands on the finances of the
country.
Wliole Family Drowned in Spain.
VALLA DOLID. Spain. March IS. An
unusual and horrifying drowning accident
n-eurred yesterday. Pedroy Marcus, a
lawyer, his two children, their nurse and
a young lady were drowned by their car
riage and horse falling from a bridge Into
the canal. Senora Marcos, who was with
the party, was the only one that was
saved.
Pronunciation of "Colonel."
London Daily News.
" Lieutennnt-Coloncr Is probably the
worst verbal puzzle that confronts the
child." says a writer. "Our pronuncia
tion is a 'heritage from the sixteenth cen
tury spoiling Voronel, which represented
the Spanish form, wherein the change of
M to 'r was linguistically natural, though
popular etymology wrongly connected the
word with 'corona a crown. It is really
from the Italian 'colonna.' a column, the
'compagnia colonella having been the first
company of an infantry regiment, the
little column which the 'colonel led. In
the seventeenth century 'colonel had
three syllables. a in Milton's line "cap
tain or colonel, or knight in arms; but
in Johnson's time the common pronuncia
tion was 'cornel.' "
CARNEGIE WILL BE HOST
To Entertain Prominent English
Delegates to Peace Meeting.
$
NEW YORK, March IS. William R.
Cremer, M. P., founder of the Inter
parliamentary Union in Great Britain,
and Lord Wearvle, the president of the
Union, are to be the guests of Andrew
Carnegie at the first National arbitra
tion peace congress of America, to be
held In Carnegie Hall from April 14 to
April 17.
In addition to these two men. Baron
D' Bstournelles de Constant, a member
of The Hague court, will assist. Invi
tations have been extended to all news
paper editors of papers having a cir
culation of 25,000 or more in the Unit
ed States to attend. A press commit
tee has been organized, the chairman
of which is Hamilton Holt, of the
Independent. , .
A judiciary committee has been or
ganized for the purpose of formulating
laws to be offered for adoption before
The Hague peace conference. This com
mittee is headed by 1 nited States Dis
trict Judge George C. Holt, of New
York, and all the states in the Union
are represented by Justices, either of
the United States Circuit Court or the
Chief Justices of the state, courts. The
legislative committee will be composed
of Legislators prominent in the several
states and in Congress. The Governors
of eight states, including Governor
Hughes, also have consented to serve
on this committee. The chairman of
the committee is Representative Rich
ard Bartholdt. of Missouri.
PERS0NALMENTI0N. ,
AV. K. Tallant, an Astoria canneryman.
is in the city on business.
Mrs. Samuel R. Stearns, wife of a prom
inent Spokane attorney, is at the Port
land.
Jude T. J. Hailey, of Salem, was in
the city last night, stopring at the Oregon
Hotel.
C. II. Meusrtorffer, a Portland business
man, has just returned from a trip to
San Francisco.
State Senator Milton A. Miller, of Leb
anon, was in the city yesterday, a guest
at the Imperial Hotel.
A Christenson. of San Francisco. Pacific
Coast manager for Wells Fargo Company,
is a guest, at me t-ortiana Hotel.
A. C. Ruby, of Pendleton, a well-known
importer of heavy draft horses, was
registered at the Perkins la night.
Mrs. H. Elster and son from Seattle
are visiting Mrs. M. Rosenthal. 680 Love
joy street. Will be at home third We-
W. L. Graham, a leading stockman of
Elgin, Or., is at the Perkins. Mr. Graham
has charge of a large shipment of fat
beef cattle for the Portland market.
Fred L. Olson, Justice of the Peace for
the East Side district, is still confined to
liis home with rheumatism, but is improv
ing and expects to be out within a week.
Mrs. T. Riley and daughter, of Win
nipeg,, Man., who have spent the Win
ter in' Los Angeles, are visiting Mrs.
D. C. Burns, who is Mrs. Riley's sister.
E. P. Eyman. first assistant general
freight agent for the Chicago & North
western, will arrive in Portland Thurs
day," accompanied by his wife and daugh
ter. Jtlr. Eyman and his family are on
the Coast on a. pleaeure trip.
Joseph Culross, a prominent, business
man of Spokane, who has been attend
ing the session of the Washington Leg
islature at Olympia. is spending a few
days in Portland with his brother-in-law,
M. J. Murphy, of t74 Alberta street.
Circuit Judge Cleland left Saturday
for Redlands, CaL, where he will spend
the next month recuperating from a
severe attack of bronchial trouble. He
is accompanied by his brother. Attor
ney A. B. Cleland, who is also in poor
health. Judge Cleland expects to bo
back on the bench by April 15.
Miss Bertina Solomon, whose marriase
to E. L. Brown will occur in New York,
early in April, wit receive at her Irving
street home Wednesday. Miss Solomon,
acconriwnied by her brother, Edward
Solomon, will start early next week. Mr.
Brown, who is the manager of the Lake
Champlaln Hotel, spent the past Winter
in Portland, and is quite well known here.
Mrs. D. g. 0Xeil returned yesterday
from a trip through California occupying
several months. She ays she found no
place as good as Portland to live in or
fur profitable investments. Mrs. O'Neil
went to 'California with a view of locat
ing, but has returned; convinced that there
is no better climate or more delightful
place than Portland.
CHICAGO. March IS. (Special.) Port
land people at Chicago hotels:
J. H. Hoyt, at the Kaiserhof: C. H.
Dodd. at he Grace; Ben G. Rosenheim,
at the Great Northern.
CHICAGO, March IS. (Special.) Oregon
people at Chicago hotels:
From Portland Ben G. Rosenheim, at
the Great Northern; H. W. Goode and
wife. Miss Helen Goode. Dr. G. W.
Caughlan. at the Auditorium.
From Astoria, Or. Mrs. W. B. Tallant,
at the Auditorium.
"In the first place the mapority of those
NEW YORK, Marceh IS. (Special.)
Northwestern people registered at New
York hotels:
From Portland G. Boothwart at the
Belvedere; C. K. Sitton, at the Wood
stock. From Spokane A. M. Dewey at the
Park Avenue.
From Seattle J. D. Thomas and wife
at the Holland; C. F. Jackey, at the
Grand Union; J. T. Hardman. at the
Breslin; W. E. Roberts, at the Astor.
NEW YORK. March 18. (Special)
Northwestern people at New York hotels:
Seattle: Hotel Astor. Mrs. M. E. Hamil
ton: Breslin," J. Fellerman.
CHICAGO, March 18. (Speclat.) Port
land people at Chicago hotels:
From Portland D. C. Henney, at the
Auditorium; A. Jassman, at the Palmer
House: J. H. Hoyt at the Kaiserhof;
C. H..-Dodd. t the Grace; F.W. John
ston, the the Brevooit.
Civil Service Law for Porto Kico.
SAN J I AN. Porto Rico, March IS.
The Legislature adjourned today, after
the most important session since the
American occupation, 15 bills of the 2o7
introduced being passed.
Among the measures approved is a civil
service bill which will become effective
next January. Appropriation bills finally
were passed in the form presented by
the governing council. '
The Twenty-four-Hour System.
Travel Magazine.
In Italy time is reckoned on the 24-hour
system. Thus, 3 o'clock In the afternoon
Is there designated as 15 o'clock. Mid
night is 24 o'clock. The good sense of
thu4plan should commend its use by all
enlightened nations.
Palpitation of the heart, nervousness,
tremblings, nervous headache, cold
hands and feet, pain In the bark.' re
lieved by Carter's Little Diver Fill.
COWHIDE LASHED
(Continued From First PaEe.1
traveling as man and wife under the
name of Mr. and Mrs. Dellis.
The affidavit tells of Thaw's having
leased a castle in the Austrian moun
tains, where Miss Nesbit and Thaw con
tinued to live together as man and
wife. While at the castle. It is alleged
that Thaw tore a bathrobe from toe
girl and, leaving her absolutely naked,
attacked her with a cowhide whip. The
affidavit says: ,
"I saw he was terrorized, and "his
eyes were glaring. He threw me on a
bed, and when I started to scream he
put hia fingers down my throat and
tried to choke me. Then upon my bare
skin he struck me several violent blows
with the whip. So brutally was I beat
en that my skin was left bruised and
cut.
"After the first beating he attacked
me again, and for a period of several
minutes beat me. He acted like a de
mented man. I screamed, but we were
far at one end of the castle, and my
cries could not be heard by the serv
ants. "The next day he repeated the at
tack upon me, and unmercifully beat
me. For three months I was. nervous.
During this time I was in fear he would
take my life.,
"From" Austria we went to Switzerland,
where one day when I" was in my night
gown Thaw attacked me and beat me on
my bare legs below the knee. Afterward
we went to Paris, where Thaw for an en
tire day at intervals of half an hour beat
me continually with a rattan whip. '
"He beat me each time and 1 was left
swooning and fainting, and could not
realize all that happened.
Thaw a Cocaine Fiend.
"While we were in Paris one day I
found a small box containing needles. I
asked him about them and he said he had
been ill and compelled to use cocaine. It
was then for the first time that I knew
he was addicted to the use of cocaine. I
afterwards saw him take the drug inter
nally by small pills. He attempted to
make me take one of the pills."
While in Paris, the affidavit goes on.
Miss Nesbit was extremely nervous and
was confined to her bed for two weeks.
Thaw made her write a letter to Miss
Simonton, asking her to go to London.
"When she arrived Thaw told her lies
about me." continued the affidavit, "and
threatened to kill me, if I didn't subscribe
to them."
"When I came to America," the affi
davit continues, "I had a letter to Mr.
Longfellow from Mr. Thaw in which he
asked Mr. Longfellow to have me followed
by detectives, hut to see that I had every
thing I wanted."
The concluding paragraph of the affi
davit reads:
"I have been often told by Mr. Thaw
that he is inimical to a certain married
man who, he said, he would make trouble
for and put into the penitentiary. He sev
eral times tried' to get me to sign papers
accusing this married man of drugging
and ruining me when I was 15 years of
age, but I refused to do so because it
was not true, and for that reason he In
flicted on me the punishments herein de
scribed." As Mr. Jerome was reading the affida
vit, he turned to the court and said:
"The people rest."
Hunimel's Record in Evidence.
Mr. Delmas at once produced a large
book and a score or more documents.
"I offer in evidence the record of the
conviction of Abraham Hummel." he said.
"No objection," said Mr. Jerome.
Mr. Delmas read the indictment against
Hummel, charging him with the Dodge-
Morse divorce tangle. Passing from the
indictment. Mr. Delmas began readin,
the record of that trial in full.
The luncheon recess was ordered while
Mr. Delmas was still, reading the records
of the Hummel trial.
After recess, Mr. Jerome, having
agreed to having the Hummel trial rec
ord go in evidence without the neces
sity of reading it, Mr. Delmas had the
printed record marked in evidence, say
ing he would refer to the District At
torney's remarks regarding Hummel in
making his summing-up speech-
Policemen Tell of Delusions.
Mr. Delmas then called Policeman
John P. Anthony, who was doorman at
the Tenderloin police station the night
of the tragedy.
"Did you see the defendant in his cell
that night?"
"Yes."
"Did you hear him say anything about
hearing voices?"
Mr. Jerome objected and Justice Kitz
geral.t called Mr. Jerome's attention to
the tact that he had been allowed to in
troduce indirect testimony during the
presenttation of his rebuttal. Mr. Jerome
withdrew his objection.
The officer said he had heard Thaw say
nothing about the voices.
"I guess you've sot the wrong man,"
said Mr. Jerome.
Anthony said he had charge of Thaw
for only 10 minutes.
"Was he rational or irrational?" askej
Mr. Delmas.
"Irrational."
Mr. Jerome cross-examined Anthony.
"Did you make a statement in my office
which was taken down by a stenographer
soon after the homicide?" asked Mr.
Jerome.
"Yes."
"You tofd the truth at that time?"
"Yes."
"Did you say that you first saw Harry
Thaw when he was locked in his cell?"
"Yes."
"Did you say that all the time he looked
'dopey.' and that you said so to the man
who relieved you?"
"Yes."
"Did you not say that Thaw did nothing
irrational?"
"Yes."
"That is all."
Heard Voices of Little Girls.
Mr. Delmas asked the witness to ex
plain the conflict of statements. He
eald that in answering Mr. Delmas lie
had referred only to Thaw's appear
ance his eyes were staring and he
looked irrational. Anthony was ex
cused and Policeman James Barrett
was called to the stand.
Officer Barrett said he, had not been
called before, but had been waiting
in the court building since January 21,
under subpena from the District Attor
ney's nffice.
On June 25 he was one of the door
men at the Tenderloin station. He
locked up Thaw when he was brought
in. He said Thaw in his cell the night
of the tragedy spoke constantly of
hearing littie girls voices screaming.
He acted irrationally.
"How many times did you see the de
fendant that night?" asked Mr. Delmas.
"I looked at him a great many times,
perhaps 40 times."
. "Did you notice his looks, action and
speech?"
"Yes. sir."
"Did he seem rational or irrational?
Irrational."
"Did you bear him refer to hearing the
voices of girls?
"He spoke twice about that to me. He
said, 'where are those little girls I hear?
I said. There are no 11 tie girls here.
AH there are here are some women who
were picked up on Sixth avenue for so
liciting. He said, "No. they are little
girls, some one is hurting them. I can
hear them screaming. After a while he
went to sleep and slept hours. I said:
'How did you sleep? He said, 'I could
not sleep at all because those little girls
were screaming upstairs.
""Were ther any little girls upstairs?'
asked Mr. Delmas.
"I am pretty sure there were not. Any
way, I could not hear a sound."
When Mr. Jerome took the witness he
asked him if a statement he had made
the day after the tragedy to Mr. Garvan
was true.
"Yes, sir," said the witness.
Was Drunk or Drugged.
Barrett admitted making a statement
to Mr. Garvan, in which he said Thaw
had refused to talk to anyone but him
self (Barrett): that he had asked for
cigars, and when they were given him
said they were not all of the same
brand, that some were better than oth
ers; that he seemed to be all right at
this time, except that he had appar
ently been drinking a variety of stuff
or using dope.
'There were a lot of women upstairs
that night, were there not?" asked the
District Attorney.
'Ye?.'
And one of them cursed and swore
and said she would not sleep there or let
anyone else sleep ?
I don t know anything about the
woman.
'Well, did you not tell Mr. Garvan that
vou were witn inaw ana you neara
that?
"No. I did not. I said I heard it when
I was upstairs."
"Well, did not Thaw look as If he had
been drinking hard?"
"Yes."
Mr. Jerome said he would defer any
further cross-examination he might de-
re to make of the witness.
Policeman Thomas Lynch followed Bar
rett. He had Thaw in charge the morn
ing after the tragedy. In his opinion.
Thaw at that time was Irrational. Thaw
had also complained to him about hear
ing the voices of little girls in the station-house.
He continued:
J told him there were no little girls in the
station. He said he fiad heard them crying
and they sounded, aa If they were not more
than 12 years old. I walked over to the air-
shaft and listened. I heard nothing, but I
said to him, "Do you hear them now?" He
Id "yee." and I said: "Well, you must be
dopey."
Thought Thaw "Dope Fiend'
Officer Lynch said on cross-examination
he did not think his memory was
any better now than it was immediately
after the tragedy, but be might have re
membered some things that he did not re
member the next day. Mr. Jerome asked:
Did you say to Mr. Hamilton. th stenog
rapher in my office, the day after the homi
cide. "I have seen many dope fiends and I
think he is one?"
Tes.
Did you say: "He had the appearance of
having- been drinking?"
Yes.
Did yo u ea y : "The ma t ron had h er usua I
number of tenderloin women and perhaps he
hoard them" .
Yus.
Lynch was then excused.
Following the usual afternoon recess
Mr. Delmas called five of the defense's
alienists. They were Drs. G. M. Ham
mond. S. E. Jelliffe, Charles W. Pilgrim,
M. Gregory and William A. While.
Dr. Hammond qualified as an expert.
He said he was in court when the prose
cution's hypothetical question was put
to the experts for the. state. He had
read the question and was thoroughly
familiar with it. Mr. Delmas asked:
Expert Says Thaw Insane.
Tn your opinion at the time the prisoner
described in this question as 'H. K. T."
fired the shot which caused the death of
-S. W.." did "H. K. T." know the act was
wrong ?
In my opinion, he did not.
At that time did he know the nature and
quality of his act?
In my opinion, he did not.
Was that failure to know his act due to
a defect of reason under which he was labor
ing? Yes.
Mr. Jerome took up the cross-examination.
What sort of defect was "H. K. T." suf
fering?
A form of mental unsoundness.'
'What form? . '
I can't say exactly what form.
Was It brain storm?
It may have been.
Did you ever hear of a brain storm be
fore Dr. vans sprung It upon us- here?
Yes.
Where?
In two medical dictionarier.
Gets Metaphors Mixed.
Dr. Hammond gave Mr. Jerome names
of the dictionaries. The District Attorney
asked for a synonym for brain etorm. Dr.
Hammond replied:
Maniacal furor.
Do you think "H. K. T. was like a wid
derless ship which had lost Us balance-
wheel ?
Perhaps-
Did you ever hear of a rudderless ship
that had lost its balance-wheel as a syn
onym for brain storm?
YeF.
From whom?
Pr. Evans.
What is a rudderless ship which has lost
its balance-wheel?
I don't know; I don't know what the
balance-wliee"! has to do with It.
Yet you subscribe to that theory ?
I don't use brain storm myself.
Where does maniacal furor come In in
this hypothetical question?
I cannot pick out any one part; I must
consider the whole case.
Where are its elements?
Elements of Insanity.
The presence of St. Vitus' dance twice
and the fact that an uncle was of unsound
mind.
Is there anything in that question that
shows the reason for that uncle's unsound
ness of mind? Is there anything that shows
that hrs was not hit in the head with
brick ?
No, I am not considering that hereditary
taint.
Where do you find presence of St. Vitus'
dance twice in that question?
Once is enough.
Free from Alcohol
Since May, 1906, Aycr's Sarsaparilla has
been entirely free from alcohol. If you
are in poor health, weak, pale, nervous,
ask your doctor about taking this non
alcoholic tonic and alterative.
Ayers Sarsaparilla
NON-ALCOHOLIC
If he has a better medicine, take his.
the best, always. This is our advice.
The new kind contains no alcohol
We have no secrets to hide! We pub
lish the formulas of all our medicines.
J. C. AYER CO., Manufacturing Chemists, Lowell, Man.
Why, then, did you say twice?
That must have ben in some other ques
tion. X have read several of them.
Mr. Jerome started to read to the wit
ness a case of alleged brain storm which
had been cited by Wagner. Mr. Delmas
objected. Mr. Jerome did not persist. He
turned to Dr. Hammond and said:
Suffering From Brain-Storm.
Was Thaw's trouble from a brain storm?
I am willing to accept that definition.
Did you say what form of insanity Thaw
was suffering from?
I- said I did not know.
Was "H. K. T." sane Just before he shot
and killed White?
I don't believe he wag.
Was he sane right after lie shot "S. W." ?
I don't believe he was.
Will he ever recover?
I don't know.
What is your opinion ?
I have none.
How leng did you say you had made a
study of mental diseases?
Twenty years.
In a case of maniacal furor. Is it not com
mon for the patient to go into a long
stupor and forget all about it?
Sometimes.
Ever know a case otherwise ?
Yes.
Dr. White also testied that he believed
Thaw insane when be killed White, in
answering the hypothetical question.
On redirect examination Dr. White said
that certain forms of insanity were not
incompatible with a certain knowledge
as to what one might be doing.
What sort of knowledge is that
called?" asked Mr. Delmas.
"Insane knowledge."
Dr. White said insane knowledge might
differ a great deal from sane knowledge,
or it might differ but little.
Only Had Insane Knowledge.
Dr. Jellffe. professor at the Columbia
University medical school and an author
ity on medical topics, followed Dr. White.
He did not think Thaw knew the nature
or quality of his act or that the act
was wrong. He was asked by Mr. Del
mas: Did lie know he had a revolver In his
hand when he walked toward Stanford
White?
He was insane, and the knowledge he
had was insane knowledge.
And when he put that revolver under
Stanford White's nose and fired three shots
Into Stanford White's body, did he have
any Insane knowledge of what he was do
ing? I tmnR He did.
How did "H. K. T.'s" condition differ
from sane when he phot "S. W."?
Dr. Jeliffe said the difference might
lie In the matter or motive, manner of
carrying out an act or the place chosen
for an act, etc.
Adjournment was then taken. Mr. Del
mas said two experts would be called to
morrow. That will conclude the evidence.
It is said, and the arguments should be
gin on Wednesday.
RUEF TRIAL WAITS WEEK
Hency Wants Decision From Vuited
States Supreme Court.
SAN FRANCISCO, March 18. Upon
request of the prosecution, the trial of
Abraham Kuef, charged with extor
tion, 'was postponed this morning by
Judge Dunne until March 25, in order
to await the action of the United States
Supreme Court at Washington on the
writ of error granted to Ruef by Judge
Hebbard.
The writ of error will come up in
Washington next Monday. The defense
was somewhat surprised by the move
made by the prosecution, and readily
consented to a postponement of the
trial. Counsel for the defendant have
contended all along that the writ of
error granted by Judge Hebbard acted
as a stay of proceedings in Ruef's trial
before Judge Dunne, pending the de
clslon of the United Slates Supreme
Court.
Henry Aeh. one of Ruef's attorneys.
had stated, - however, that the defense
would offer no further objection to the
court proceedings, for the reason that
if a jury should he secured and the
United States Supreme Court should
then grant the writ of habeas corpus
already applied for, the defendant
could be freed on the ground of once
in jeopardy.
CANNOT KEEP AGREEMENT
Maccabees' Endowment Rule Held
Invalid by Illinois Court. .
CHICAGO, March IS. Promises of bene
fit societies to pay endowments under
certain conditions arc impossible of ful
fillment unless express provision is made
for them, according to a decision handed
down today by the Appellate Court. The
opinion was rendered in the suit brought
by James McCarthy against the Supreme
Tent. Knights of the Maccabees of the
World.
The certificate of membership issued to
the plaintiff stated that in the case of
permanent or total disability, or upon
reaching the age of 70 years, he would
be entitled to receive one-half of an en
downment of $2000 as provided in the by
laws of the order. The agreement was
contrary to the laws' of the stale of
Michigan, under which the order was in
corporated, because the statute failed to
provide for the payment of endowments
upon the reaching of a certain age by the
beneficiary.
The order admitted: the agreement was
unlawful and the court decided that Mc
Carthy could not compel It to carry out
the original agreement.
.
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