The morning Astorian. (Astoria, Or.) 1899-1930, April 09, 1907, Image 1

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    1 9 ftTttttt
No Witnesses Allowed to
Delmas Not to Use Unwritten Law
Evelyn Thaw's Story Founda
tion ot Defense.
Both Side Retted Ce And Dlme
Began What It IxpecUd To B Tha
Matt Mtrly Pf Evr Mad To A
NEW TORK, April I. Thar U a
possibility that Mra. Evelyn Thaw will
Rdln t called to tho witness atand In
Ih trial of her husband, Hnrr Thaw
for th murdor of 8tnford White.
An announcement iwnued by tha de
fen, In stating U line of condui t ot
th run today, aald that Dr. Allan
Mi-lAh Hamilton would be tha flrt
wit nee called, a hi examination had
not been flnUhed when th proceeding
wrr pout pone J by tha application for
It cnmmllon In lunacy.
"It has not boon dclded by th
Counsel for the defense whether Mra.
Evelyn Nuablt Thaw, will be coiled
to the wltnea atand."
Th defense waa putting It surre
tmttal testimony when th caa waa
fulled and It had been reported that
eounael for Thaw might posalbiy wall
jroung Mr. Thaw In nn effort to re
butt th teatlmony or Lawyer Abra
ham Hummel regarding the famou
affidavit aald to have been mad by
Mra. Thaw after ah raturncd from a
trip to Europe with Thaw. This affl
Uavtt, It will be remembered wo In
troduced Into the, record of the trial
after hard fight by District Attorney
Homme and recited among other alle
gation that Harry K. Thaw had cru
elly treated Evelyn Nesblt Thaw In
Europe becaua aha refused to make
ftn affidavit alleging that Stanford
W'hlt had wronged her. If tho de-
fenae decide; to call young Mra. Thaw,
It will almost certainly be for tho pur
pone of further denying that she had
mtido auch an affidavit. In her direct
testimony ahe practicality denied ma
king the nflldavlt, saying that ahe hud
unwittingly signed a cunifit for
lawyer Hummel and Mr. White and
that Inter when alio learned that Khe
had algnod nn affidavit the went to
Hummel' office, and demanded that
he document bo destroyed. Thl waa
done, aho testified, the document hav
ing been burned. When Lawyer Hum.
mol testified It appeared that a pho
tographln copy of the affidavit had
been made and thl wan Introduced at
the trial. If Evelyn Nesblt Thaw l
called It will posalbly delay tho ver
Ulct for a day or two longer.
According to friend of Thaw he 1"
hopeful of an acquittal. If the trial
turn out aa ho expect', he plana, It I
aid, to vlalt the aouth of France with
hi wife. The couple may stay abroad
for several year.
Attorney Delma, the California ad
vocate, thl afternoon began the do
tng addrei to th Jujy and after he
ha spoken for more than two hours
and a half, adjournment waa taken un
til tomorrow. Delma expect' to con
elude before the luncheon hour 1
reached. Dlstrlot Attorney Jerome
.Ml hi rl.. U .U.ln- nJr.l. WJ.
neaday and Thaw' fat aould be In
the handa of the Jury by Wednesday
tfvenlng. Justfc Fltigeraldl, today'
HV.I...J tk. I. ...I.... ..-Ill li.-l
nd of th trial. Th Judg' charge
will undoubtedly b delivered limn
dlately after the Dlmrlct Attorney con
dude. Th latter aay hi apeech
will not occupy more than thr or
four hour.
Declaring he will not baa hi plea
on the "Unwritten law' becaua hi
t Until ha ample protection in tii
written ttu of th Stat of New
York, Dulmoa mad a lrlklng appeal
to the (ympathle ot th Jury and o
fur a h prngred today th ub
Joel of Thaw' Ineanlty at th tint
when th crime waa committed, was
not vn hinted at.
Dlma baaed hi ragument, aolely
upon th itory of Evelyn Thaw. With
fluehed chooka, but dry eye, that
young woman .heard her life hlatory
repeated to men who r to Judg her
huabaud and bowed bar he4 a hrk
mother waa denounced in th bluer-
t term and tone, th eloquent law
yer could command. Delma before
buglnnlng hi attack on Mr. Thaw'
mother, poured out a torrent of denun
ciation, upon Architect White who be
come the victim of Thaw' platol. 11
aecueeJ him of th "crime of rape" and
doclard that Treatment Roovlt bad
mild in a meaiag to Cougroee that
auch a crlm ahould be vlniied with
death. Thl wa on of th sugges
tions, which Tliaw himself mad to
hi counsel for hi eummlng up apeech
0110 pt the auggeatlon, which played o
Important a part in th proceeding
bofor the lunacy commission. Del
mu devoied practically all bla addr
lit arguelug the evldunc of certain
wltneaau. lie wilt huv many more
comment to make along thl Una. be-
for be come to hi plea, for th de
fendant life,
Th courtroom w crowded. Jus
tice Fltagerald's Injunction, that ab
solute quiet he maintained tu hard
ly neceaaary, for there wa Interest In
every utterance of the attorney. In
th throng were many attorneya of
note, torn of whom, had traveled many
mile, to be prexent at the climax of
th trial whloh for length and at
tained interest ha' had no equal. ...
Resignation Recalls Parallel in
Withdrawl ofConkling.
Hi Petonal Trait And HI Act
Immdeiately Preoeedlng Hi Ree'd"
Inn Frem Th Senate And In Th
Political Campaign.
WASHINGTON, D. C. Apll 8.-The
resignation of Ex-Senator Spooner,
of WlKcnnsln. has recalled that of
others who have left tho Senate vol
unlurlly, und much has been said of
the seat sennatlon that waa' caused
by the sudden withdrawal of tho late
Senator Conkllng in May, 1881. I
first met Mr. Conkllng In Washington
about the clone of Johnson adinlnlHt-
atlon, after the Impeachment trial
had failed. Of course I had heard of
him, and well know hi' great reputa
tion as an orator ,and had also heard
much of his vunjfy, and wa pepared
to mot a man wHoaa superclllcus-ness
would over power me. Imagine my
delighted sunprlKo when I found a man
showing no sign of condeaenxlon
when talking with me--one who was
actually fascinating. I at once yield
ed to hi charm and became hi tfworn
follower. I recall hi remark when I
was Introduced to htm a being a
newspaper man from Indiana, He
said: "Young man, you may well be
proud of your State, It Is, without
dispute, the leader In both branches
of th Congre, and you might say
of both parties. Senator Morton is
the undisputed leader In the Senata,
anl hi colleague, (Mr. Hendricks) la
equally the leader ot hi party, and
In the House no delegation wields a
greater Influence than that from In
diana; and one of it members', (Col
fax) Is the very prince of Speaker."
(Continued on Page 8.)
Lack of Funds Halt Pro
Case of Aggie Myers Who Brutal
ly Murdered Her Husband
Three Years Ago.
Th Dfne Through Wnt Of Money
Hav Agrd To Aooept Life lm
prieonment Rather Than Continu
, .C, Whioh Amount To Confession.
KANSAS CITY. April 8. The final
action in the caao of Mr. Aggie My
ers and Frank Hnttman, under sen
tence at death for the unusually cold
blooded murder here on May 11, 1904.
of the woman' husband, Clarence
Myers, a presa man will be taken today
by Governor Folk at Jefferson City.
The brutality of the murder, th calm
demeanor of Mr. Myes from the time
of her arrest nearly three year ago.
and the atrenuoua efforts, through ap
peal and petition to av the woman
from the gallows, ha made the case
one of th mot noted In Missouri
criminal history, "
The woman had been divorced be
fore she married Myer. After she
married Myer slits fell In love with
Hottman, who lived In Hlgglntvllle.
Mo., he former home. They conspired
to murder Myer so that they could
get married, and when all arrange
ments were completed ah cent Hott
man money to come to Kansas City.
She admitted him to th house after
midnight and directeJ him to the bed
room, where Myers lay asleep. Myers
arose In bed, when Hottman struck
him with a club made from the butt
end of a billiard cue. Th men clinch
ed and wrestled Into another room,
whore tho woman came to Hodman's
aid. Mr'. Myers hit her husband with
a bed slut, ahe stabbed him with a
piece of seizors as they wrestled, and
as ho cried to her, "help me, help me,"
she ran to a bureau drawer, took out
hi' ruxor, jnd slashed him nine times
across tho face, hands throat, and
chest. Hottmnn'a hat and shirt wefe
bloodsouked. She gave him her hus
band' shirt and hat and he went
away. She staid alone In the house
with tho body the remainder of the
night and washed up blood and burned
up her nightgown. At daylight she
called for help and said negro bur
glar had committed the crime. Hott
man was caught In Walla Walla
Wash., he confessed. Ho made Ao de
fense In his trial for murdor and was'
convicted Jan. 14, 1905. Mra. Myers
took a change of venue to Clay Coun
ty. Hottman was one of the chief wit
nesses against her. She was convlo.
ted June 11, 1906. Mrs. Myers has
never confessed. She denounces Hott
man as a liar, declaring she is Inno
cent. Mrs. Myers Is in the County Jail
at Liberty, Mo. Hottman is In jail In
Kansas Clt.y He haa just recovered
from knife wounda indicted recently
In an attempt to commit suicide. Gov.
ernor Folk had granted both of them
numerous Vespltes and Mrs. Myers
case is now in the supreme court
for the aeoond time. The court some
time ago denied her a new trial. La
ter her attorney sought a writ of ha
beas corpus In the District Court and
when it wa denied', took another ap
peal to th Supreme Court. They have
I successfully prosecuted th,! appeal
and her caie I at for argument on
April 22. For lack of fund they are
uimMe to proceed further with the
caae however, and on Saturday ltu,t
urged Governor Folk to commute Mr.
Myer sentenc to life impriaonment
naylng If he would do o they would
let the appeal go by default,
Mr. Myer I It year of age.
Hot 1 man la 24. , '
On, Hundred And Fifty Acre Of Th
Taylor Farm Change Handa.
Yesterday morning it wa an
nounced upon excellent authority that
there bad been closed a deal, whereby
150 acre of the Taylor farm at Clat-
op had passed to the possession of
Measr: Bower, Cage anj Fields, rep
resenting a wealthy syndicate of Boise
City capatlllst. for the sum of nine
thousand dollar.
Just what the buy means, or what
will be done with the property, I not
known for a certainly yet, but th sup
position U- that It will be finely Im
proved and made Into a charming re
sort, with a fine hotel and grounds and
all the appenogR uxually Incident to
such a venture. A road and bridge
are to be built and maintained by the
Taylors from Carnahan station to the
property and thl ha a significant
sign of ultimate resort tactic about
It that fit In the matter very nicely.
Blaster Fiah Warden H. Q. Van Du-
aen Haa Submitted Hi Report.
A ipeclal to the Aatorlan from Salem
where the Board of Fish Commis
sioners met yesterday brought word
that Frank C. Brown had been ap
pointed to succeed Deputy Flsli War
den Webster, who was removed. Mas
ter Warden Van Dusen wa in Salem
yesterday attending the Board meet
In Carbarn and Power-house
. Blaze.
Started From A Grounded Wir In
Car Anj Spread To Paint And Var
nish Room Falling Walla Injur
SAN FRANCISCO, April 8. Nickel
in the slot machines and police cor
ruption alleged to have resulted from
their use, occupied the attention of the
Grand Jury today, ' The telephone in,
vestlgatton was temporarily sidetrack,
ed and no other indictments were re
turned. The trial of Abe Ruef for
extortion was' resumed before Judge
Dunne and had progressed a half hour
when adjournment was taken, until
tomorrow on account of the lndispo
sltlon of attorney Ach of the defense,
Ach filed an affidavit In support of an
application for an order requiring the
proprietor and editor of the San Fan-
clsco Chontcle to show cause why they
should not be punished for contempt
In having an editorial printed de
nounclng the court for the conduct
of Rucf's counsel. Judge Dunne refus
ed to consider the matter at this time
saying it would tend to sidetrack the
main Issue he determination of the
guilt or Innocence of Ruef.
The Supreme Court, today granted
Abe Ruef an alternative writ ot habeas
corpus In response to the petition filed
several days ago by his attorneys, in
which the indicted political boss at
tacks the legality of the appointment
of Elisor Blggy and the constitution
ality of keeping him In a private Pri
son, The Writ is returnable tomorrow
and will be argued befor the Supreme
Court sitting en banc
a roil
Granted Alternative Writ
of Habeus Corpus.
Ruef Trial Progressed But Half
Hour When Illness of Counsel
Caused Adjournment
Th Alternative Writ of Habeas Cor-
pu Granted Ruef Will Be Argued
Bafor 8uprm Court Today
8chmiti's Friend, Before Th Jury.
SAN FRANCISCO. April 8. roe se
lection of juror who will try Abra
ham Ruef on the charge of extortion
from the French restaurants will con
tinue In Judge Dunne' court this
morning. It is believed that the jury
will be (elected within the next two
,It is expected that at least 8 indict
ments will be returned today by the
grand jury against officials of the Pa
cific State' Telephone Company and
the Home Telephone Company. It is
said that It will take two 'day yet to
complete the Inquiry into th details
of the telephone deals and then the at
tention ot the jury will be turned to
some Independent matters that de
mand Immediate Investigation, but
which were postponed to allow the
cleaning of the telephone branch of
the business. Fred Hubert, a close
companion of Mayor SchmlU, who
was with . him during his European
tour, will be put on the witness stand
stand today, after being temporarily
excused on Saturday. It Is believed
HUbert knows much more about the
inside graft proceedings, and that he
will prove a valuable witness for the
prosecution. After the remaining
telephone indictments are filed in court
the trolley and gas 'deals will be ta
ken up.
Charles Haddix To Leave For The
Windy City On Thursday Next.
Charles Haddix, the well known in
spector in the customs house service
at this port, has just been apprised
of his appointment to a post in the
Reclamation service of th United
States, as rato clerk, and has been sum
moned to Chicago, where his billet
awaits him. He will leave for the
"Windy City" on tomorrow, and as
soon as' possible will send for Mrs.
Haddix to join htm there.
' He has taken a sixty-day leave from
his present government position and
if all goes well with htm in the middle
west, will resign here and take up the
new work, making a life study of his
department and rising to the. limit.
He is thoroughly equipped for the new
position as he ha done half a dozen
years of commendable service in the
coast country here in that line, for
the O. R. & N.s the A. A C. R. and if or
the firm of Samuel Elmore and Com
pany, being three years in the rating
service in this city, where he has a
host of good friends who will be only
too glad to hear of his quick and gen
uine success in his new field of endeavor.
Shocking New Of Th Sudden Death
Of Will E. Clinton Received Her.
The myriad friend of th family of
Mr. Nicholas Clinton. In this city
wi (hocked yesterday by th new
wired down from ValJes. Alaska, ear
ly in the day announcing the sudden
and serious Illness of William E. Clin
ton from erysipelas, followed a brief
while after, by another,- announcing
hi death there at I o'clock yesterday
Mr. Clinton has only been absent
from th city sine the middle of Feb
ruary last, when he returned to th
north where be has had large inter-1
est for the past ten yearand th tale
of his Illness and sudden demls cam
as a veritable shock to kinsmen and
friends alike.
He was a native of this city, 41 yr.
of age and thoroughly liked by all who
enjoyed his friendship and acquaint
ance. He wa a member of th As
toria Lodge of Elks and that fraternity
will see to th Immediate shipment of
hi remains to this city where all th
honors of the craft will be paid.
He leaves, beside his his venerable
mother to mourn his death, one sis
ter, Miss Ham Clinton, and Messrs:
J. Couch Clinton, Nicholas Clinton, J.
R. Cllntonton and Dewttt Clinton, bro
thers. Today will develop the , particulars
of the fatal attack to which he suc
cumbed and the detail of the funeral
will be made known. In the meantime,
the family in this city may rest In the
assurance of devoted sympathy and
good will of a host of friends who
grieve with them in th untoward af
fliction that has overtaken them.
HONOLULU, April 8. William
Squires, heavyweight pugilist of Aus
tralia Arrived here today, en route
for San Francisco. In an Interview
he said this is the first time he bad ev
er been out of Australia. He expresse
willingness to meet and his confidence
willingness to meet and his confidence
In hi ability to defeat Jeffries.
Trainmen and Managers Sign
Proposed Agreement
Pay Of Firemen I Increased 25 Cants
Per Day Of Tan Hour Firemen Al
so Relieve of Trouble of Cleaning
The Engine.
CHICAGO, April 8. The agreement
between the western, roads and the
Brotherhood of Locomotive Firemen
and Engineers was signed to day. The
pay ot firemen on all classes of engines
It to be increased 25 cents per 'day of
ten hours or less, on the rate of pay
in effect January 1, 1907. No change
Is made In computing the time and the
advance will not apply to men working
on the basis of 12 1-2 cents per hour.
The rate of firemen in the first class
yeards is to be 82.25 ifor a day of ten
hours, overtime pro rata. If all yards
the pay 1 $2.15. The minimum for
passenger firemen on engines of less
than 18 inch cylinders is 81.25 per
hundred miles or less and $2.60 on en
gines having 18 inch cylinders or more,
an Increase of 15 cents, per day of 100 -miles
or less is given to firemen on en
gines carrying a rat of 82.50 or more.
The fireman are to be relieved of the
work of cleaning the engines.
BUTTE, April 8. Bcaus 52 Elec
trical workers, machinists and bllck
smiths employed In the Great Falls
Smelters of the Boston and Montana
Company were denied a raise In pay,
they walked out today. 5.000 men will
be thrown out of work in Butte, to
night, when the mines belonging to
the Company will shut down.