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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 29, 1908)
10 THE MORNING OREGOXIAN, WEDNESDAY, JANUARY 29, 190S. TALKS POLITICS SE Bryan Declares for Direct Is sue of Currency by Government. OPPOSES SUPREME COURT Denounces Decision Upholding the Blacklist, Say ins It Sets. I' p Cor porations as Dictators Over Their Employes. WASHINGTON", Jan. 29. In a window- recess in the wtde hall of the Sen ate chamber and within half a dozen paces of the room of the Senate com mittee on finance. William J. Bryan held an impromptu reception for Sen ators and Representatives for an hour today. The committee on finance was dis cussing the Aldrich financial measure. As Mr. Bryan came along from the Jlouso. talking; animatedly with a cou ple of Congressmen, members of the finance committee and1 Senator Bailey and Senator Teller emerged and greet ed the Ncbraskitn. Retiring to the window niche, Mr. Bryan and Mr. Bailey had an animated discussion. Mr. Teller offering an occasional sugges tion and Representatives Pardy and Randall and James Kerr, a prominent Pennsylvania Democrat, being listen ers. Favors Bailey Bill. As Mr. Bryan said later, the discus sion was about the Democratic view of the currency. Both Mr. Bryan and Mr. Bailey said there had been very little difference of opinion. Both stood for the direct Government issue of money instead of an issue through the banks. Mr. Bryan would make no statement as to whether he approved the plan of Mr. Bailey, as outlined in the sub stitute he will offer for the Aldrich bill, but he said that its basis was Kood Democratic doctrine brought down from the times of Jefferson. After Mr. Bailey and Mr. Teller re turned to the committee room, Mr. Bryan continued -to be hemmed in the window niche by Texas- Congressmen and many passing acquaintances who stopped to shake his hand. When tile financial committee meeting broke up Mr. Bailey met Mr. Bryan and there was another discussion lasting 20 min utes. After a short conference with Senator Culberson, Mr. Bryan left the Capitol. Corporations Can Be Restrained. Mr. Bryan's attention being called to the Supreme Court decision holding that a corporation Has a right to discharge a man because ho is a member of a labor union, he dictated the following statement to the Associated Press: . I have not had opportunity to read the decision. The subject is one of vital importance and I do not under stand by what course of reasoning the majority of the court reached the deci sion announced. A corporation is a creature of law; It has no rights, ex cept those given it by law, and it must tiot be confused with the natural man, for man was created to carry out a oivine purpose; me corporation was created to make money. . The corporation enjoys many rights ana privileges wnicn are aeniea to tne individual, and it cannot claim the pos session of any natural or inalienable rights. The power that creates a cor poration can restrict it, restrain it and control it, and Congress has plenary F'owers in dealing with corporations n so far as they engage in interstate commerce. Decision Makes Dictators. Whalever mar be the rights of an in dividual in dealing ' with other indi viduals, the Government certainly has the right to determine the conditions UDOn which a corporation can exist and do business and Congress can fix the terms upon which a state corporation can engage m Interstate commerce. . The union is a lawful association, and If a man can be discharged be cause he belongs to a labor union, by the same logic he can be discharged If he belongs to a Dolitical nartv oh- jetlonable to the employer, or to a church against which the employer is r.rrjuuiceu. Followed to its lotrlcal conclusion. the principle laid down by the court, as 1 understand the decision, would enable the corporation to set itself up s a dictator in regard to the habits, thoughts and convictions of its em ployes on any and every subject. The fact that two of the iusticea have dissented enables me to dissent from the conclusion of the majority without disrespect to the abilitv or high powers of those who have given what I regard as an erroneous con struction to the constitution. ' Another Dinner With Scnutors. Mr. Bryan was again the chief gueet at a dinner given in his honor tonight ty senator .ewlands of Nevada at Woodley. Invited to dine with him were 13 Democratic Senators and Hudson Harmon of Ohio. Those present were Senators McEnery of Louisiana, McLau rtn and Money of Missouri, Martin of Virginia. Overman and Simmons of North Carolina, Rayner and Whyte of Maryland. Stone of Missouri, Taliaferro of Florida. Taylor of Tennessee, Teller of Colorado and TISman of South Caro lina. Democratic. policies in legislation again formed the topic of discussion. The House committee on election of President and Vice-President today de cided to hear Mr. Bryan on Thursday morning in support of the Belmont bill, which makes compulsory the publica tion of campaign contributions by Hmouni ana name. PRIMARY LAW HELD VALID Decision or Ohio Supreme Court Is Handed Down. COLUMBl'S. O.. Jan. 28. The . Su preme Court today affirmed the decisions of the Common Fleas Court of Franklin and Allen Counties, in the two cases brought to test the validity of the Bron fon primary election laws. The sub stance of this is that the court holds the law to be valid. The decision makes the call for state primaries on February 11, regular. Prosecutor Wclty. of Allen County, said after the decision was rendered that lie proposed to carry the case to the Su preme Court of the United States at once and had secured from the courts the right to prepare the entry in the case with that end in view. Direct Primary in Kansas. TOPEKA, Kan., Jan. 2S. The Senate tonight passed the direct primary elec tion bill agreed on by the conference committee by a vote of 37 to 2. Declare for Bryan and Johnson. GRAND FORKS, X. D.. Jan. 28. The Democratic State Committee of North Dakota today decided that the state convention to elect delegates to the NATORS Democratic National convention be held in Grand Forks, March 24. The com mittee declared for the election of W. J. Bryan for President and Governor Johnson, of Minnesota, for Vice-President. SAXDERS TO GET IiOUISIAXA Latest Returns Show State Going for Him Exciting Campaign. NEW ORLEANS. La., Jan. 28. Steady gains for Lieutenant-Governor J. Y. Sanders tonight in the count of the Democratic state Gubernatorial primary indicated that he had won the primary, carrying with it the certainty of the Governorship of Louisiana, at the next April election. banders carried the City of New Orleans by between 5000 and 10,000 votes. In early returns from the state at large he led T. S. Wilkin son, the sugar planter, by about three votes to two. The returns will not be complete tonight. The primary campaign 'has been the cause of a special session of the Legis lature and of two personal controversies between prominent men, in which the preliminary steps of the dueling code were resorted to before settlement was reached. The special session of the Leg islature received rival reform messages from Governor Blanchard and from Lieutenant-Governor Sanders, the latter hav ing been communicated with during the Governor's absence. The combined .re sult of these proclamations on the, eve of election was to place Louisiana well up among the leaders of Southern states in corporation reform legislation and to save the state many thousands of dollars annually by great reductions in the rev enues of certain political offices, prin cipally in the tax department. Prohibition, the continuance of horse racing and more stringent laws regulat ing dealing in cotton futures are also among the problems with which this cam paign has dealt, without, however, the drawing of sharply defined lines for or against such reforms. As the result of an election row here today at one of the polling places at Canal and Basin streets, J. G. Sctaoca- luga was shot twice and fatally wounded by Charles Prados. Taft to Speak at Cleveland. WASHINGTON, Jan. 2S. Secretary Taft left Washington tonight for Cleveland to a-ttend the McKinley day banquet of the 1 lppecanoe Club tomorrow evening, at which he Is expected to make an address. He will return to this city Friday. Rep resentative McKinley of California and General Edwards of the Insular Bureau will accompany him. Beckham Loses a Vote. FRANKFORT, Ky., Jan. 28. Ex- Governor Beckham lost another vote in today's ballot for United States Sen ator, taken in joint session. Repre sentative Klair, of Lexirfgton, who heretofore voted for Beckham, cast his vote for John R. Allen of Lexington. It is claimed by those opposed to Beckham's election that other votes will leave him. Chamber Sustains Government. PARIS, Jan. 28. The debate on the interpellation regarding Morocco was concluded in the Chamber of Deputies today. The majority In favor of sus taining the policy of the government in Morocco was 336, the vote being 428 to 92. MEETS AMERICAN FLEET AKGEXTIXE SQUADRON CTRCLES TWICE AROUND. Admiral Evans Sends a. Message, Thanking: Argentine Republic for Sending Boats to Welcome Him. BUENOS AYRES, Jan. 28. Rear Ad miral Betheder, Minister of Marine, this afternoon received the following radio gram from Admiral Hipolita Oliva, whp is in command of the Argentine squad ron ordered to meet the American bat tleships and escort them down the coast: "At 7 o'clock on the morning of Jan uary 26 we had the first radiographic communication with the battleship Connecticut, flagship of Rear Admiral Evans, which we joined at 9:30 o'clock at night. The Argentine vessels es corted the American squadron until 9:30 o'clock on January 27 when flag salutes were exchanged with full cere monial. Having effected the salute, we made two runs around the squadron at a speed of 14 knots and then left the American vessels about 125 miles from Mar Del Plate. "Rear Admiral Evans asked me to transmit his thanks to the Argentine government for having sent the naval division to meet the American squad ron and begged me to have-transmitted to the Government at Washington the radiogram sent previously. The officers of the American toroedo boat flotilla, who arrived here Sunday from Rio Janeiro, were received today, by President Alcorta and the Ministers of Wrar, Marine and .Foreign Affairs. General Fraga, Admiral Betheder and Senor Zeballos, respectively. President Alcorta spoke pleasantly to each one of the officers and to Lieutenant Cone, who ie in command of the flotilla. He expressed his great pleasure and sat lsfaction in the visit to Argentine of the American warships. To these words of welcome. Lieutenant Cone made a suitable reply. Chilean Cruiser Arrives. PUNT A ARENAS. Chile. Jan. 28. The Chilean cruiser Chacabuco, with the United States Minister, Mr. Hicks, and a number of Chilean officials on board, arrived here last evening. The cruiser comes to welcome the Ameri can fleet of battleships to Chilean waters. (Chicago to Coal at Cailao. LIMA, Peru, Jan. 28. The cruiser Chicago, which sailed from Acapulco, January 18, arrived today at Callao. She will take on 500 tons of coal and then proceed to Valparaiso. SOUTH AFRICAN TROUBLES Asiatic Immigration Threatens to Overrun the Country. PRETORIA. Jan. . 28. General Smuts, the Colonial Secretary, in a speech to night on the Asiatic question, warned the Natal government that if the continued immigration of Indians were permitted the rest of South Africa would have to take firm action and proffer advice to Natal in the strongest terms. Otherwise, he said, the immigration of Asiatics would soon overrun the whole of South Africa. " More Trouble In Persia. TEHERAN, Jan. 28. Renewed conflicts between the constitutionalists and the reactionaries have broken out at Tahrlx and 20 persons have been reported killed. There have also been disorders at Yezd. K1SKR CALEXDABK lOe CP. Balfprlce while last. 348 Alder. SUSTAINS RUMOR HUESTONTO BLAB Capitol Architect's . Assistant Appears as Witness for State. EXPLAINS FURNITURE PLAN Defense Already Preparing to Meet Hueston-'s Probable Testimony. State Lays Foundation for Proof of Conspiracy. HARRISBURG. Pa.. Jan. 28. The ap pearance of Stanford B. Lewis, active assistant of James Hueston, the archi tect, during the construction and fur nishing of the Capitol, as a witness for the commonwealth at the trial of the Capitol prosecutions in the Dauphin County Court 'today tends to confirm the rumor that Hueston has an under standing with the commonwealth and will be one of its witnesses. The attorneys on both sides decline to discuss this phase of the case, ex cept to say that Hueston has been sub penaed as a witness for his co-defend ants. - Shoul-i Hueston be called as a wit ness for the commonwealth, - the -defense will try to break down his testi mony by attempting to show that he certified to the quality and quantity of the furnishings supplied by faanderson, and that the bills were approved by Shumaker and Snyder and paid by Mathues on the strength of the archi tect s certificate, and that if there was anything wrong he was responsible. Conspiracy to Cheat. Lewis was called to identify the plans and specifications prepared by Hueston for the furnishings and also to explain the "quantities plans," upon which orders were given at various times for furnishings. He was cross examined by P. F. Rothermel. of coun sel for Sanderson, and was on the stand when court adjourned for the day. Lewis is under indeefment on two charges of conspiracy in connection with the Capitol frauds. Today's sessions of court were devoted by the commonwealth to laying the foun dation of its case. James Scarlet In his opening address to the jury said the com monwealth expected to prove that the defendants. John H. Sanderson, the con tractor; ex-Auditor-General William P. Snyder, ex-State Treasurer William L. Mathues and James M. Shumaker, ex- Superintendent of Grounds and Buildings, conspired to cheat and defraud the state in the payment of the bills for the Capi toi furnishings. Most Reluctant Witness. John E. Scott, ex-secretary of the Board of Public Grounds and Buildings, who was on the stand for an hour under ex amination -by the commonwealth, seemed reluctant to identify certain plans and specifications prepaced by Hueston. He could not recognize them as having been seen by him before. George D. Thorn, cnief clerk of the State Department, the first witness called by the commonwealth, produced the rec ords of the department, showing the elec tion of the various officials concerned. Records were produced to show that Architect Hueston was selected by the Board of Grounds and Buildings to de sign the furnishings, and his compensa tion was fixed at 4 per cent on the con tract price of these furnishings. Extracts from the minutes showing adoption of a resolution virtually giv lng the contract for furnishings to San derson without .competition were then read. ' i APPOINTMENTS IN ARMY War Department Gives Out Informs tion of Many Advances. WASHINGTON, Jan. 28. A number of important military appointments were announced at the War Depart ment today. Colonel Charles E. L. Davis, Corps of Engineers, at Detroit, Is appointed to be brigadier-general, vice General Crawford, who retired yesterday; Colonel Ramsey D. Potts General Staff, at Atlanta, Ga., to be brigadier-general on the retirement of General John M. K. Davis, command ing the Department of the Gulf, on January 31; Colonel Daniel H. Brush Twenty-fourth Infantry, In the Philip pines,- to be brigadier-general, vice General C. E. L. Davis, who retires February 16; Colonel John B. Kerr, Twelfth Cavalry, at Fort Oglethorpe, Ga., to be brigadier-general, vice Brigadier-General Thomas B. Hall, at Fort Leavenworth, who will be' pro moted to be major-general March 21 upon the retirement of Major-General Adolphus Wl Greely; Colonel Charles Morris. Coast Artillery Corps, at Fort McKinley, Me., to be brigadier-general upon the promotion of General Hall and Colonel Philip Reade, Twenty-third infantry, Manila, to be brigadier-gen eral, vice Brigadier-General Charles Morris, who will be retired May S. PRECAUTIONS ARE TAKEN Board of Inquiry Attaches No Blame in Fatal Boxing Bout. WASHINGTON. Jan. 28. An official statement was made public today of the findings or tne board that invest! gated the, circumstances connected with the death of the apprentice seaman Hartnett, who died from injuries re ceived in a boxing contest on the Cum berland at Newport, January 18. says: "The board finds that all the proper and customary precautions were taken to make the boxing contest a perfectly fair one and to guard against Injury, and it is the opinion of the board that no serious injury could have reasonably been expected or even thought possible, The boxing bout was fought with heavy padded gloves, of the regular Navy pattern. There was a surgeon at the ringside during the contest, and th fight lasted for six rounds. REVOLUTION IS CHARGED Ex-Deputy of Portugal Under Ar rest Country Quiet. LISBON, Jan. 28. Antonio Almeida the ex-Republican Deputy who was ar rested yesterday, is charged with spreading anti-government pro-repub lican propaganda. Ex - Republican Deputy Codta has fled from the coun try to evade imprisonment on a siml jar charge. The country is calm. Custom-made shoes at foctory cost at Rosenthal a house-cleaning sale. wmmmm A cut in Underwear this week. Most men, when it comes to underwear, will sacrifice style to comfort. .' Here's the kind which is non-shrinkable e x c e p t in price which has shrunk from $1.25 to 85. LION CLOTH Hi GCO CusKuhnProp 166-168 Third Street. flQUEST DISCLOSES GRAFT BOYERTOWX DISASTER OPEXS IP SENSATIONS. Building Passed by Inspector After Owner Orders Fire Escapes From Heading Firm Designated. BOTERTOWN, Pa., Jan. 28. Sugges tlons of graft and neglect which, it Is intimated, may result in prosecutions, marked the opening session of the in quest here today in the horror at Rhoades' Opera-house on January 13, when 169 persons perished. It was brought out that the main. exit to the hall was blocked; that the stairs at the point of exit and entrance was but three feet one inch in width; that Harry Fisher, operator of the stereopticon apparatus, had received but two days instruction in the method of handling the calcium light and that he operated the machine in public for the first time on that fatal night. In addition to this. Dr. Thomas Q. A. Rhoades, owner of the building, de clared that the building had been in spected and passed on by a state fac tory inspector after he "had given a contract for fire escapes to a Reading man." He added the reply to a pointed question put by District Attorney Dunn tuat the .factory inspector told him from whom he should buy his Are es capes; that he placed the order with the Reading contractor and that the in spector passed the building. The lessee of the opera-house. E. C. Mauger, of Pottstown, who admitted he did not know the location of the Are escapes on the building, said he had never seen the factory inspector; but had been told his name was Beditel. It was learned from his testimony that there were no aisles along the walls and only two narrow aisles to separate the seats into three divisions. MORE OFFICIALS IN JAIL Rocky Ford Bank Failure Develops Other Sensations. ROCKY FORD, Colo., Jan. 28. Addi tional arrests of officials of the State Bank of Rocky Ford, which closed its doors recently, were made today." The persons taken in custody are IS. J. Smith, cashier, and D. W. Barklay, Jr., assistant cashier. They were subsequently released in bonds of loOOO each. The charge against them is receiving deposits when they knew the bank to be More Points for Keogh. ST. LOUIS, Jan. 28. In the second block of 200 of the 600-point contest for the world's championship, Jerome Keogh, of Buffalo, made 194 points to 172 for Thomas Hueston, the present American champion. AMERICA'S ' -; ' The Health Department's Weekly Reports Snow 650,000 People, 111 With Grip in Chicago and About 500,000 in New York EPIDEMIC Grin has practically taken Chicago captive. Nearly 650,000 people in the City are suffering from the disease in some form, according to the estimate of the City Health Bureau. New York City has about 500,000 cases and cities large and small, all over the country, have many victims. If you feel the Grip or Influenza coming on you saturate a corner of your handkerchief with Duffy's Pure Malt Whiskey, and inhale it, also take a teaspoonful in a glass of hot water every hour, and keep warm. This will stop the progress of the disease and drive it out at once. Do not dose your self with so-called grip cures which contain opiates. They do not cure; they only deaden the membrane and Injure the entire nervous system. Duffy's Pure Malt Whiskey cures and drives out the disease, but does no in Jury to the system, nor does it leave any ba'i after effects. It stimulates the blood and strengthens the run-down system, so as to enable it to threw off all grip germs. Mr. M. D. Wingate, Petoskey, Mich., ALL EVIDENCE IS 111 Littleton Will Make Argument for Thaw Today. JEROME CLOSES QUICKLY Ridicules Insanity Evidence, Reads Evelyn Xesbit's Alleged Affidavit and Hummel's Evidence, and Admits Thaw's Will. NEW YORK, Jan. 28. With no at tempt on the part of the state to inter fere with scientific experts on the plea of insanity urged on behalf of Harry Thaw, taking of evidence in the second hearing of the Madison-Square Gar den murder trial ended today. Tomor row morning Martin W. Littleton will begin his plea for the defendant, and is expected to occupy both morning and afternoon sessions. District Attor ney Jerome will speak on Thursday. He has promised to be brief, and, if his address should not extend beyond the morning session. Justice Dowllng will hand the case over to the jury on Thursday afternoon. The court an nounced, however, that he probably would not deliver his charge until Fri day morning. Rapid Close of Rebuttal. - Contrary to his policy of last year, when he called nine exerts In insanity, Mr. Jerome this year utterly ignored Grip Raging THB GS7IP BELT THPCU31 ALL OVER THE UNITED STATES recently wrote: "I wish to tell you and the public what your Pure Malt Whiskey has done for me. Last Febru ary I was taken with a severe attack of the grip that laid me up for several weeks. The doctor gave me his usual remedy for grip, but I did not Improve, and 'as I had used several , bottles of your Malt Whiskey, I procured a bot tle and took it according to directions. In a day or two I felt much better, and by the time I had used the one bottle I was much stronger. ' It is surely a great medicine for old people. My wife used it for throat and lung trouble, and she thinks it has done her more good than anything else she ever tried." Dr. R. Curran, White St., Roches ter, N. T., the world-renowned grip specialist, says: "Duffy's Pure Malt Whiskey will cure the most obstinate case of grip, and If taken In time will prevent the inception of the disease. I advise my patients to take a tea spoonful in hot water every hour If they feel the grip coming on and to saturate a handkerchief with a little Duffy's Pure Malt Whiskey and inhale the scientific phase of the rebuttal case. He produced several eye-witnesses to the tragedy and several police officers who handled Thaw the night of the homicide, and place on record their opinion that the defendant's acts and manner were rational. Under agree ment of counsel, tiie testimony given by Abraham Hummel at the last trial was read to the jury, and the Thaw will was admitted in evidence without further proof as to Us custody during the six months following the shooting of Stanford White. The affidavit alleged to have been made by Evelyn Nesblt In Hummel's office, charging Thaw with cruelty and with attempting falsely to place the blame for the girl's downfall upon Stanford White, also was admitted by Justice Dowllng, and then the case, so far as testimony was concerned, was at an end. Belittles Insanity Theory. Mr. Jerome's elimination of expert testimony from the rebuttal case oc casioned much talk. Based upon his assertions of last year that Thaw was an Incurable paranoiac, rumor had it that the prosecutor, might not be dis pleased with a verdict of not guilty on the ground of Insanity, with an ensu ing committal of Thaw to the Asylum for the Criminal Insane at Matteawan. Throughout the trial, however, Mr. Je rome has attempted to belittle and dis credit all testimony having to do with Thaw's irrationality. He has attempt ed to show that the youthful outbursts Of the defendant were fits of temper which deserved a "spanking," as he ex pressed it, rather than scientific discus sion. . He has attempted to discredit the outbreaks In later life with the suggestion that they were the result of too much drink and nothing more. .Littleton's Line of Argument. Mr. Littleton, in his argument, which is expected to be an eloquent ' but straightforward presentation of facts, will contend that the prosecution has failed to shake the case of scientific in sanity built up by the defense. Mr. Littleton has made no allegation of present insanity for Thaw. In fact, the experts for the defense have testified GREATEST HEAR HIM Tonight you will be given an opportunity to enjoy genuinely enjoy one of the very best song recitals which has ever been the good for tune of the Heilig Theater management to offer the music lovers of this city. Herbert Witherspoon, who sings for you tonight, comes to Portland after a series of concerts in the principal cities of California and the West, at each of which he has created an enthusiasm positively unparalleled, securing an undisputed pre-eminence as incomparably the greatest basso who has ever visited Western America. If the ability of this splendid artist were realized by every music lover in town, the Heilig Thea ter would not accommodate one-quarter of those who would seek admission. The magni ficent programme will thoroughly delight each and every one in tonight's audience and YOU should be there. Once again is demonstrated the supremacy of the world-famous Chickering Piano, which will be used at this evening's concert in compliance with Mr. Witherspoon 's request. TMET WOTTO- U41U it.. I have never known a case where it has failed to cure and drive out the disease, and it leaves no bad after effects.' Duffy's Pure Malt Whiskey is a posi tive cure for the grip, with all its symptoms. Taken early, it cuts it short promptly. Taken during its prevalence, it preoccupies the system and prevents the Invasion of grip. Taken while suf fering from it, a speedy relief la realized. Thousands of grateful patients volun tarily attest the great healing power of Duffy's Pure Malt Whiskey and recommend its use. Caution. When you ask your drug gist, grocer or dealer for Duffy's Pure Malt Whiskey be sure you get the genuine. It's the only absolutely pure medicinal malt whiskey and Is sold in sealed bottles only never in bulk. Look for the trade-mark the "Old Chemist" on the label, aad make sure the seal over the cork is unbroken. Price $1. Illustrated medical booklet and doctor's advlca free. Duffy Malt Whiskey Co., Rdchester, N. T. that in manic-depressive insanity, the diagnosis now applied to Thaw's condi tion of mind, the patient Is very apt to have attacks of increasing fre quency. Mr. Jerome called Dr. Francis Mc Gulre, the Tombs physician, to testify as to Thaw's conduct in jail, but Mr. Littleton raised the question of profes sional privilege and the evidence was excluded. Abraham Snydecker the clerk for Howe & Hummel, testified that he re ceived the signature of Evelyn Nesblt to the affidavit accusing Thaw of cru elty to her. This was at the Madison Square Garden tower In White's pres ence, and Miss Nesblt glanced through the paper and said its contents were true. Mr. Jerome read to the jury the copy of a note written in court by Thaw at his last trial, and filed In the affidavit of his former attorney, Mr. Delmas, when the commission on lunacy was investigating the defendant's mental condition. It was conceded by the de fense that at the dinner in the Cafe Martin preceding the tragedy whisky and champagne were served. Negro Saw the Hold-up. BOULDER, Mont., Jan. 28. In the failure of two eyewitnesses to the tragedy to identify positively the ac cused man, the state received its first setback in the Tower murder trial here today. The first witness, William J. Crawford, the negro who was an unwilling spectator of the tragedy, testified to the efforts of the bandits to make him join them when they dis covered him stealing a ride on the coal tender and finally their sending him back on the car when they held up the train. From the top of a passenger coach he witnessed the holdup. New Roller Skating Record. PITTSBURG, Jan. 28.- new roller skating record was established tonight at the tournament being held here for the world's championship, when Ollie Moore, of Charlevoix, Mich., champion one-mile roller skater, covered the five miles in 16:07. BASSO TONIGHT! 1 I t t I I i t I
