Newspaper Page Text
FRIDAY, MARCH 1, 1907.
THE TWICE-A-WEEK TELEGRAPH
7
EVELYN THAW DENIES
STATEMENTS TO HOWARD
NEW YORK. P'
In
cor
Thaw
man •
physical condition c
mind The stand
portion of the day w.
Britton D. Evans, dl
Jersey h. -rata! for
Plains. N. J„ an al
fense, who v
tlon. Mr. Je
efforts n gr
> gIVO
i court
Ittornuy Je- !
ufther indl- ;
he near fu-
for a com- i
•port upon the
he defendant’s
the principal
occupied by Dr.
or of the New
in alienist for the de- !
up for eross-examlna- j
to seemed to direct 1
up from Dr.
> the exact recoup
ty from which the
Thaw was ruffer-
thc "brain storm,”
e killing of White.
his will
of a melan
cholic state of mind. The District At
torney dwelt for an hour or more upon
the subject of melancholia and then
r. kpd the expert if it was not true
that in acute melancholia there Is
forms
Dr.
>f Ir.nnitv f:
declared Harry
at the time of
'h resulted in th
Evans had testified
tv displayed evidences
hhn to poln
sion in it.
"You can point out depression on a
piece of paper.” asld Dr. Evans. Ho
then read paragraph 8 of the will. In
which Thaw provided a fund of $50.-
000 for the prosecution of any persons
who might be suspected In connection
of his taking off.”
"This.” explained Dr. Evans,
"showed a perturbation of mind, an
agitation and apprehen.-Iveness. if
this does not constitute a melancholic
state, then I am mistaken in any con-
Evans in- I struction of the pfirase.”
recognized i "You ore here with the permission
x- j of your directors. I suppose,” broke in
r-1 Mr. Jerome suddenly.
"Yes. one is here In this room, the
chairman of the medical comlttee.”
“You have their permission In writ
ing?”
"Why—well, in the first place I
don’t think its any of your business."
Mr. Jerome did not continue on the
subject.
How long did this defendant suffer
5currence of the affliction In at least from this melancholia?” asked the
-third of all
Dr. Evans said there was.
Jerome Will Call Dr. Hamilton.
Mr. Jerome said he Intended calling
nr a witness in rebuttal Dr. Allan Mc
Lean Hamilton, the alienist, who was
first employed by the Thaw defense,
hut who has not heretofore figured in
the trial. Dr. Hamilton recently re-
tlimed from Europe, and in a published
Interview Just after he landed, was re
ported- to have raid that he came to
the conclusion that Thaw was insano
at the time of the tragedy and that
he Is insane now. The District At
torney also stated that ho would call
Dr. Charles F. Blngaman, of Pittsburg,
the Thaw family physician, in rebut
tal. Dr. Blngaman was on the stand
for a short time today, but Mr. Dol
mas objected when Mr. Jerome started
in to cross-examine the physician as
to the insanity -In the Thaw family,
on the ground that the witness "had
not qualified as an expert. Mr. Je
rome thereupon told Dr. Blngaman to
hold himself In readiness to take the
stand for the State.
Dr. Blngaman told today of visiting
Thaw in the Tombs during August
last, when the prisoner seemed much
Dl
rict Attorney.
Questions Ae—.vered PdntHiy.
•That Is something I could not say.”
NEW YORK, Feb. 27.—Counsel for
the Government renewed, their attack
upon the financial methods of the Har-
riman ertup in the Chicago and Alton
Railroad before the Interstate Com
merce Comml-xioii late this afternoon
when they call Charles W. Hilliard,
controller of the road, as a witness.
Under examination by Frank Kellogg.
Hilliard testified that he became con
troller In October last when, under
j .irranrv-mr r.l of the mor. • ire-
ment of the property, the Rock Island
took Its turn. Mr. Hilliard said his
first task was to find money to carry
on the improvements under way. Thera
was money enough In the treasury for
current expenses but not enough to car
ry on improvements which includes a
cut off of four and one-half miles of
the road near Murrayvllle to Spring-
field. There was not enough money to
complete the building of this line, said
the witness. “I looked into the ques
tion of raising money by mortgage.” he
continued, “and I discovered It had al
ready. been mortgaged.”
“Do I understand that this road had
been mortgaged before it was built?”
Indianapolis Southern Railway. It is
only necessary to refer to the records
of the Illinois Central Company, which
will show that ray action was fully
and formally approved by the direc
tors.”
I judges pro hac vice of the State
court of appeals to si; with Judge Hen-
I r— C. Hammond, of Augusta, in hi ar-
ing the appealed case of the Mutual
Life Insurance Company, of New York
vs. Stegill. from Decatur Superior
court, the question involved being a
claim under a pioicy in that company.
Judge Powell was disqualified be
cause he had been an attorney of re
cord in the case, and the two other
judges were disqualified because they
are pol’cvholders in the company.
Thus the entire bench had to be re
placed for this particular case.
“How long does this state usually i asked Commissioner Lane.
in a person afflicted with simple J
or delusionary Insanity?”
“It varies greatly. Sometimes only
one day.”
“Do you know enough about' this
subject to say whether or not such a
recovery would be unusual?”
•T should say It would.”
"Yes, I was told that It was covered
j by the mortgage of 1900, and there was
nothing that could be done except put
a second mortgage on It, which would
have been a poor security,” said Hil
liard.
Line Covered by Mortgage.
Mr. Kellogg then read the mortgage
’Did you ever hear of such a case?” I to show the line had been covered by i
"I have had cases clear up during 1 it. and resuming the witness said; “All
the night due to a thorough cleaning the bonds were gone. I found from the
out of organs of the body.” j books that -the. thirteen million dollars
"Isn't it true that persons suffering .J had never J>een paid for the bonds; that;
from melancholia write long letters : the ten million dollars had never,bean
complaining of ill-treatment and talk j paid to Stanton for the stock; three :
continually.” million dollars had never been paid to
"Sometimes.” •** j Stanton for the road: but that the]
"Did the letters you read here on the I twenty-two million dollars in bonds
stand the other day show any signs j had been turned over to the syndicate j
of melancholia?” "'ho delivered the stock and the road ;
"I don't remember. If you will show
them to me I will see.”
"Did you ever read these letters or
copies of them before you read them
on the stand?”
Dr. Evans said he had not. Dr. Evans
promised to read the letters and all
depressed and suffered from the delu- other documents in evidence In Thaw's
>n that a conspiracy had been formed) writing this evening and be ready for
against him. complaining that he was
not allowed to put paper over the
grating in his cell door because "they
wanted the cold air to blow In and give
him pneumonia," so he would die and
his ense never come to trlnl.
Denies Brotherly Confidence.
By recalling Mrs. Evelyn Xosbit
Thaw to the stand for a few questions
which he had omitted on his long cro's-
exaniinntion, Mr. Jerome early today
indicated that he would call Howard
>.’eablt. her brothor, to contradict her
in a matter of credibility. He asked
Mrs. Thaw if she hnd not hold her
brother that Thaw, had treated her
cruelly while abroad because she re
fused to tell lies about Stanford White
nnd say he had drugged and mistreat
ed her. He also wanted to know if .the
brother had not bought her a pistol
with which she might defend herself
against Thaw. The defendant’s wifo
continuation of his cross-examina
tion tomorrow morning.
Thaw Preparing a Statement.
During the cross-examination of Dr.
Evans Thaw began to write rapidly,
and told the reporters that he was pre
paring •" statement. His action at
tracted •» attention of his lawyers,
wha-t” •.illy wished to dissuade the
defends;:: from making a formal state
ment public. However, the following,
written upon a scrap of paper, finally
reached the press table:
“This Is the second statement Mr.
Thaw has made since August 10:
“With chances a million to one
against her,,It Is wonderful that Mrs.
Thaw’s testimony prevailed against the
District Attorney and his blacklegs.”
During the recess today Mr. Orrily-
pleaded with District Attorney Jerome
for permission for Evelyn Thaw to re
main in the court room now that her
through the intermediary, Mr. Stan
ton.”
The commission wanted to know |
what the books showed baa been |
actually expended in connection with *
the handling of the property, but while
the witness was searching, for the
records the session was adjourned un
til tomorrow. Controller Hilliard will
be recalled tomorrow morning and Sts
News of a Day
in the Gate Cny
ATLANTA. Ga., Feb. 28.—Inspection
of the Georgia Railroad will be be
bun by the State Railroad Gommis
sion in accordance with the petition
of Bowdre Phinizy, of Augusta, on
Wednesday, March 6.
On that date all of the members of
the commission, Chairman H. W. Hill,
and Commissioners Joseph M. Brown
and O. B. Stevens, will leave Atlanta
at 7:45 a. m. and will, unless their
present arrangements are changed,
make their first stop at Covington,
which is the first point after leaving
Atlanta about which Mr. Phinizy
makes complaint.
After a lengthy discussion of the
matter today the members of the com
mission decided that thev would make
a thorough inspection of the Georgia
road as they are able to do with the
time at their command in following
up the charges and specifications sub
mitted by Mr. -Phinizy. They will visit
each one of the places designated in
his specifications and make personal
inspection, if necessary, for three
or four miles or. either side. Not only
that but they propose to inspect any
other places which mav be brought to
the attention by Mr." Phinizy or by
anyone else who may be interested in
the matter.
The commission decided in the first
place that it could not make a com
plete inspection of the entire 307 miles
of the Georgia Railroad without walk
ing over every foot of it. That, of
course, is out of the question.
While the law provides that the in
spection shall be made either by the
commission or an authorized agent, it
says nothing about the employment of
such an agent and no fund is pro
vided with which to pay his expenses.
Whatever inspection is made, there-
Contract Let for Georgia Buildino.
ATLANTA, Feb. 2S.—The^ contract
for the erection of th e Georgia building
at Jamestown which will be a repro
duction of Bulloch Hall, at Roswell,
the girlhood home of Pres dent Roose
velt’s mother, has been let by the
Georgia Jamestown commission " to a
Norfolk firm of contractors on a bid of
$12,300. It is expected, however, to
scale that price considerably on ac
count of a large amount of material,
both lumber and brick, which the com
mission has had donated to it to go in
to the building. With this home in
view. President Mitchell, of the James-
Financial Statements Wer
Not Sent Stockholders.
WASHINGTON, Feb. 27.—After lis
tening to an argument by Senator Pat
terson, of Colorado, in favor of Gov
ernment ownership of the railroad, the
Senate today agreed to the conference
report on the river and harbor appro-
...„ , piation bill. Protests were vigorously
town commission, is now in Norfolk ; mac * e against the reduction from $650,-
for the purpose of taking up the matter . 000 to $250,000 of the amount for im-
with the contractors. The commission ! Provements in the Mississippi river be-
is anxious to get the figures dovn as
low as possible- In order to have part
of the fund left for the purpose of fur
nishing the building.
Geo. W. G'-inder Transferred.
ATLANTA, Feb. 27.—George W.
Gunder, state commander of the . -—-- -
Knights of Maccabees, with headquar- > trustees to receive from President
* O. _ , * « . , , . BAAOAOAlf fltA VaKIa A . 4 Vl A
tween Cairo and St. Louis, by Senators
Hopkins, Cullom, Stone Allison and
Overman. The smaller amount pre
vailed.
The Senate passed without discus- j plied to these witnesses.”
sion the Daniel bill establishing the 1
foundation for the promotion of indus- 1
trial peace. It authorizes a board of
NEW YORK, Feb. 2$.—The Inter
state Commerce Commission hearin
In New York on the investigation
the operations and relations of l
Union Pacific system, and while ther
will be oral argument heard In Wash
lngton on an April date to be decld<
later, the testimony has probably ;
been taken. There has been no d
clsion yet as to an appeal to t!
courts to compel Edward H. Harr
man and Otto Kahn to answer th
many important questions declined
them, but the question will be con
sidered after the commission return
to Washington.
"We will discuss the question
Washington," said Commission
Franklin. Lane, after adjournment ti
day, “and there decide If we are
ask that the stomach pump be ai
ters in Atlanta, as been transferred to I Roosevelt the Noble peace prize, as the
Michigan in the same'capacity with
headquarters at Port Huron. His
successor here has not been, named.
nucleus of a fund to bring together at
Washington periodically representatives
of capital and labor problems.
The expatriation bill was also passed.
It authorizes the issuance of passports
to persons who have declared their in
The closing hours of the hear!
1 brought a statement from Conirt"
I ler Mahl; that financial statemo:
were not sent to the Southern Pacifi
; stockholders for several month
fore the dividend meeting in Jul
i This Is in contradiction of Mr. Har
I riman’,s testimony. Commi
j Harlan raised the point that t
i per cent dividend on Alton was
under the Illinois constitution
. tentlon of becoming citizens of the Uni-! was a partial clearing away of th
ted States and have lived in this coun- ! aspersion about the mortgaging of th
try three years, and who wish to visit : Murrayville-Springfield cut-off bef
countries other than the one of which it was built and a lengthy discuss
they are natives. Such passports are of the propriety of capitalizing the
good only for six months. The bill 1 expenditures for betterment- on
hearing by the commission will be con- ! fore,' must be made by the commis-
denled absolutely thkt there was any I testimony is concluded.
eluded about midday.
Otto Kuhn on Witness Stand.
Edward H. Harm-nan concluded his
testimony at the morning session, and
his examination brought forth nothing
of special importance. He was suc
ceeded on the stand by Otto H. Kuhn,
of the leading members of the firm of
Knhn, Loeb & Co., which has financed
many of the important deals of the
of the Union Pacific.
Kuhn remained on the stand until
the middle of the afternoon under ex
amination by Mr. Severance, of
cnunseF for the Government, and told
of the reorganization of the Union Pa
cific. There was special inquiry as to
the commissions paid to the firm of
sinners themselves.
I In' the next place It was decided to
j invite both Mr. Phinizy and a repre
sentative of the Georgia road to ac
company the members of the commis
sion on this inspection tour, and it is
the hope of the commission that both
will accept the invitation.
It will be noted, also, that the com-
1 mission has decided not to avail itself
WASHINGTON. Feb. 27.—The fail
ure of Secretary Strauss, of the de
partment of commerce to make dircet
response to the recent inquiry of the !
house, as to whether the alien labor
ers who had been brought into South
Carolina as the result of the efforts of
Commiss-oner Watson, of that State
were lawfully landed will probably re
sult in an official opinion by the at
torney general on the subject. When
the Secretary’s reply was received it
was found that he had simply for
warded a copy of a decision by his
predecessor, holding that Mr. Watson
had not violated contract labor but
Representative Gardner, author of the
resolution of inquiry, took prompt ex
ception to his response contending
that it was no\ complete in that it
failed to treat’the question con
nected with the immigrants Ihcm-
selve. The committee on immigration
then presented a request t o the Pres-
Alton. Mr. Kellogg endeavoed
i show that the Harrlman manager
I of the Chicago and Alton had capital
| lzed the debts of the old Joli
Chicago road, prior to 1S63, but
fixes the status of American women
who marry foreigners and foreign wo
men who marry Americans. In the lat
ter case the citizenship of the wife is
retained during coverture and as long
as she continues to live in the United , troller Hilliard said his know]
States. An American woman can re- the road’s affairs did not
gain her citizenship after her marriage j that far.
with a foreigner terminates and she
makes rihe proper application therefor.
Tl e bill provides that a naturalized
citizen of the United States who goes
abroad and resides for five years shall
be presumed to have abandoned
American citizenship.
No Foreclosure of Mortgage.
It was elicited, however, that ther
n4ver had been a foreclosure of th
Chicago and Alton Railway while
old Joliet and Chicago had been f
his closed. The witness was exam:
! as to the $12,000,000 which it is da
The Senate passed a House 'bill to ed the Harrlman party add
prevent shanghaiing. The bill imposes capital of the Alton because
a fine of $1,000 or imprisonment for a amount had been expended oi
year, or both, for the violation of law. i provements or had been lost by
: stockholders. Mr. Lovett, of (
II'clJJV Ui UIc 1I11LUI UulL ucdlS OI Ultj j _ , - __ . . , . , , * , . , ,
Harriman partv and a former director or the offer of a special car and engine I ident that te matter be referred t o the
‘by General Manager T. IC Scott of atttorney general. This request has
the Georgia Railroad for the purpose i been granted and it is understood the
of making this trip. The commis- { matter will be probably taken up by
sion prefers to> use the regular trains | the department of justice. It Is said
truth In any of these statements, nnd»j
she said she never had owned or car- |
ried a pistol In her life.
Mr. Delmns announced today that the
defense would conclude its case this
week. This however, was upon the as
sumption that District Attorney Je
rome would conclude his cross-exami
nations of Dr., Evans ,and Wagner to
day.
Dr. Evans, and he will be recalled to
morrow morning. Dr. John T. Deemar,
the physician to Mrs. Thaw’s family,
will follow Dr. Evans: then will come
Dr. Wagner. After these have testi
fied, Mrs. William Thaw herself will
lake the stand, according to present
“I guess we had better keep her out,’
said Mr. Jerome.
LARGE TRANSACTIONS
IN PINE TIMBER
COLUMBUS, Ga„ Feb. 26.—The
Mr. Jerome did not even finish with ^Georgia and Alabama Index says in its
Issue for this week:
“The magnitude and great value of
the pine timber interests in Georgia
and Alabama are illustrated by large
transactions reported this week. In a
section adjacent to Waycross. Ga.,
200,000,000 feet of timber has been
plans. The defense may. therefore. ' purchased by Georgia and Florida cap
italists who will establish one of the
largest saw m-llls in the country And
conclude by Monday or Tuesday of next
week. If Mr. Jerome moves for a lu-
nacy commission it is expected he will' 1 -build a railroad through the tract
do so during the course of the rebuttal i Alabama and Chicago capitalists have
timony next week. It was exported I fconsummated a deal for 100,000,000 feet
that Dr. Evans nnd Mr. Jerome would
have a lively duel during the cross-
examination of Dr. Evans, but there
were oply one or two clashes In which
the honors appeared to oo about evenly
divided. The examination dragged at
times, and Mr. Jerome seldom raised
h!s voice above the.low placid tone he
so frequently assumes.
« Dr. Evans Cross-Examined.
After Mrs. Thaw and Dr. Blngaman
Vxd testified briefly today. Dr. Britton
D. Evans was called for cross-
examination. Dr. Evans is one of
the principal witnesses for the defence
nnd the district attorney set out to
make his examination a most thorough
one. Mr. Delmns was constantly on
his feet with objections which Just’ee
Fitzgerald iii nearly every instance
sustained. The Judge further warned
the District Attorney that he was tak
ing too wide a latitude.
After nn exhaustive series of ques
tions ns to Dr. Evans’ qualifications as
nn expert in insanity cases. Mr. Je
rome read to the doctor portions of the
latter’s testimony in another ease. In
which he stated that all cases of insan
ity could be classed under five grand
divisions. Mr. Jerome took these di
visions up •one at a time and asked him
if Thaw now or at any other time suf
fered from that particular class. Idiocy,
Imbecility nnd dementia were dismiss
ed. "When it came to melancholia. Dr.
Evans said he was of the opinion that
at one tj'tr.e Thaw suffered from an
insane condition of the mind which
might be classed under the grand di
vision of melancholia.
Couldn't Trap Dr. Evans.
”1 have an opinion, but it is inade
quate.”
“The question is. do you consider
Thaw demented today?”
"No.” replied Dr. Evans.
"In your opinion, was he ever de
mented?”
"No," said Dr. Evans.
"At what time did Thaw suffer from
insane melancholia?"
“You tried to get me to say it was
melancholia.” replied Dr. Evans, “but
I said it was in a melancholia state f
mind It was a depre-sed state, but
not a distinct or fixed form of melan
cholia.”
"At what time was he so suffering”"
"I should say about the time of h s
marriage nnd the making of his will.”
"You believe, then, that he was in-
san-' nt the time of his marrnee?”
"He was not mentally sound at that
time—there was a temporary aberra
tion."
“Based solely on your examinations,
and excluding everything else, do you
think he was suffering from melan
cholia at any other time?” asked Mr.
Jerome.
"I believe that at the time of the j
shooting and a little before, he was in ;
a depressed or melancholic .condition." :
Mr. Jerome tried to tie the doctor
down to a positive statement that lie
could by his examinations, and ex
cluding everything else, state whether
or not Thaw was sutTi-iag from mel
ancholia on April It. 1905, the day f
hts marriage. This the doctor would
not state positively.
Thaw’s Mental Condition.
“But by taking into consideration
the will and codicil as well, can you
state whether he was insane at the
time of his marriage?"
“Yes. as I have said, I think he was
of unsound mind. I could not classify
it. for It might change from one form
to another.”
Attorney Jerome handed the witness
of pine timber which Is located about
150 miles north of Mobile. This will
he developed. A $1,000,000 lumber
company at Thomasville Ga., has
purchased a railroad 17 miles in length
uRd will extend it 15. possibly 45 miles.
“An important development is the
projection of a railroad from the Bir
mingham, Ala., district down the Ca-
haba to Selma, Ala., from whence it
Is proposed to operate a river barge
line to Mobile, Ala. Northern capital
ists are taking an interest 4n this pro
ject. It is proposed to build a rail
road 45 miles in length between Wil
liamsburg, Ala., and Pineville. Ain.,
through a rich mineral and timber sec
tion. In Georgia surveys for three new
railroads are progressing actively.
“A Philadelphia, Pa., company has
purchased a cotton mill at Oxford,
Ala., and will quadruple Its capacity;
at Gadsden, Ala., a gas plant will be
built at a cost of $100,000; at Hunts
ville, Ala., $40,000 will be expended in
improving a power plant: a $50 000
brick and tile plant will be established
at Albany, Ga.: capacity of a gas and
power plant at Anniston. Ala., will bs
doubled: S1O0.000 plant will be estab
lished near Mobile. Ala., to develop an
extensive deposit of Fuller’s earth:
hotel at Augusta, Ga.. will bo enlarged
at a cost of about $100,000: at Ameri-
cus. Ga., a 350 000 land and improve
ment company has been organized:
$35,000 company has been organized at
?• " r Ala.. te manufacture
vehicles, and a plant for the manufac
ture of brick and sewer pipe will be
established at Milledgevllie, Ga.
“Among other things reported are: j
Canning factory, two fertilizer factor
ies, coffin factory hydraulic brick !
plant, company with capital of $55,000 |
to bore for oil. coal mining company,
four hotels, two city halls, two thea- !
tres, apartment house, auditorium, jwo
light plants, paving plans In two cities i
mimic::'bond issue-', business build- •
ings and residences. Mention is made i
of thr issuance of a permit ai Mobile, i
Ala.. f->r th-’ obstruction cf a $100.-’
hotel* reported by The Index In
September last."
of the road and to,.get off and do its
work wherever it sees fit.
While it has practically confined
itself to the places specified by Mr.
pointed out. It is understood to be the
purpose of the commission to make
inspections at several other points to
be selected arbitrarily by the mem
bers after they have begun their
work.
The commission proposes to devote
all the time necessary to this inspec
tion, and it is probable that it will not
Kuhn, Loeb & Co., and the inter-rela- I plliniz J’ and such others as may be
tlons’ of the firm, the witness and j n,,t l -~ «■-
Jacob Schieff with the Union Pacific. 1
The witness said the firm had re- I
ceived a commission equal to 5 per |
cent, on the purchase of the Southern j
Faeific, a commission of 5 per cent j
which was divided with other under
writers on the issue of Union Pacific j
convertible bonds at a reduction of 5 : . , - . ■
per cent. The witness spiritedly de- I completed until after several trips
fended the acts of his firm, and cited j “ eon made.
Instances where it had sold stocks to , commission has the authority to
the Union Pacific at a figure below the j require that any railroad be put in a
current market. thoroughly safe condition for travel.
Before leaving the stand Kuhn made : * s found that the condition of
the Georgia Railroad is anywhere
such as to cause probable danger, it
may be stated with assurance that the
necessary orders will be issued ' to
remedy the trouble.
an extended defense of the Alton 1
transaction based on the methods apd
conditions of the time. Before he left
the stand Harriman again invoked the
Harriman Questions Authority,
question of private business as
against interstate commerce, and re
fused to answer interrogations as to
his individual stock transaction and
Kuhn refused to divulge anything
specific ns to the business transac
tions undertaken by his firm in behalf
of clients in or outside of the Union
Pacific directorate. He and his coun
sel. Paul D. Cravath. urged the same
objection made by Attorney John G.
Milburn in behalf of Harrlman and
added the special plea of the confiden
tial privilege existing between a
banker and his clients.
The commission ruled against all
objections and the record was in each
instance properly computed for refer
ence to the courts.
William H. Moore and Daniel G.
Reid, directors of the Rock Island,
testified as to the contract with Har
riman and his associates for joint con
trol of the Alton and that there was
no other arrangement, written or ver
bal; for separate control. Mr. Moore
said that while the contract was still
being fully observed, that Its effect
was nominal. He and his associates
had expected benefits from the ar
rangements that had not materialized
and that their earlier plans in con
nection with the project had not been
carried out.
Commission Order To Be Contested.
ATLANTA, Ga., Feb. 23.—General
Manager Haskell, of the Southeastern
Car Service Association gat*e notice
to the Railroad Commission today that
Its recent order with regard to demur
rage charges on cars offered for trans
fer shipments or for switching would
be contested in the courts. The rail
roads seem to think this Is a matter
over which the railroad commission
has no jurisdiction, nnd they do not
propose to submit to it without a con
test.
Hon Joe Hill Hall, of Bibb, ap
peared before the Railroad Commis
sion today in behalf of the people of
Jeffersonville and that section of the
State who have filed a petition ask
ing that the continuous mileage rule
he appplied to the Macon, Dublin and
Savannah and the Seaboard Air Line
on account of the ownership of the
that extensive preparations for the im
portation of laborers into several States
have been made as a result of the rul
ing of the depat rment of Commerce
and Labor in the South Carolina case
and it is asserted that many of these
imported laborers, while ostensibly im
ported to work on Southern farms are
in reality destined, for the north.
THREE MEN KILLED
STRUCK BY ENGINE
BALTIMORE. Md.. Feb. 27.—Failing to
hear warnings while at work on tracks
on the Baltimore and Ohio at Camden
station today. William Snyder, Frank
Zinka, and Carlo Sollidoni were struck
by a passenger engine being backed to a
waiting train. Snyder and Zinka were
instantly killed and Sallidoni died half an
hour after being taken to a hospital.
WASHINGTON. Feb. 27.—A number of ,
telegrams were received at the White |
House today from the South asking the
! for the Harriman interests, obicctr-
to Mr. Kellogg assuming that $10,00i'-
000 of the amount represented loss :
an old set of stockholders throng'
foreclosure. It developed that neithe
witness nor counsel knew if there h:u
ever been a foreclosure, so Mr. Kel
logg amended his question to incluii
! “improvements cr losses or both.” Th
; witness said that the $12,000,000 i:
' question had previously been paid am
I the accounts written off.
He did not know if other railroads
ever added to their capital in th
.... ...... ..... Mr Kellog then asked ai series1 j
President to name W. J. Oliver, whose bid 1 questions tending to show that cei. n
for the construction of the canal was re- l operating expenses also had oeen < u
jected, as a member of the Isthmian italized by the Alton, but the witno
Canal Commission. Secretary Taft to-; d!d not adnlit this. Certain construe
night said that he did not believe that,.. h , d hrr , n „ 0 charged. 1
the President was considering the ap- ' Uo , n , expenses n;a Q oeen so Y, K '
ROOSEVELT AND SHAW
TAKE UP SHORTAGES
WASHINGTON, Feb. 27.—Presi
dent Roosevelt has taken up with Sec
retary Shaw the matter of the shortage
of $173,000 recently discovered in the
Chicago sub-treasury. He asked the
Secretary for a statement as to the
shortage and the facts. The President
also asked the secretary for a state
ment of the shortage recently discov
ered in the St. Louis sub-treasury,
which amounts t o $63,000.
PROF. T. M. TAYLOR ENDS
LIFE WITH A BULLET.
PITTSBURG, Pa.. Feb. 27.—Prof.
T. M. Taylor, of the chemistry de
partment of the Carnegie Technical
School, was found dead today in his
, .... _ - .1 room at the residence of Mrs. W. H.
former by the latter. The application ; Hartzell, of No. 229 Halket street.
fir r l-n e rnlo nmnlH raenU in « >«n(n»inl ; ... ,
NEW YORK. Feb. 27.—Stnyvesant
Fish was asked by the Associated
Press today what answer, .if any. he
cared to make to the accusations which
E. H. Harriman preferred yesterday
before the Interstate Commerce Com-
miss’on.
“I have little to say,” he replied.
“I shall not be drawn into a wrangle
with that gentleman. He and I sus
tained close relations for many years,
and w'ere jointly Interested In many
large affairs. All of those transactions,
as indeed, all transactions in which I
have ever engaged, will bear the clos
est scrutiny. It was at my instance
that Mr. Harrlman was made a direc
tor of the Illinois Central Company,
nnd we got along quite well until he , o 0 to .« xI3r ji
became ambitious to make the Illinois It
Central a part of the Union Pacific
system. I did not believe this would ■
be in th* interest of the stockholders [
| of the Illinois Central, for whom I held 1
trust, and then and there Mr. Har-
of this rule would result in a material j There was
reduction of the local freight rates ;
charged. Owing to the fact that the
commission now has a similar case, :
that of the Wadley Southern and the !
Central of Georgia pending on appeal
to the State courts, it was decided to
postpone action in this case until a
decision is handed own.
The petition of the people of Elber-
ton asking that the Southern and Sea
board Air Line be required to build
new and adequate passenger depot
there, came up before the commis
sion today and a large delegation was
present from that city. Upon it being
shown that there is a possibility of
the railroads and the people reaching
an agreement regarding the matter,
final action in the case was postponed
until March 13 when the next meet
ing of the commission will be held.
bullet wound behind his
left ear and a new revolver was lying
on the floor. Nervous breakdown fol
lowing overwork is said to have been
the cause of the suicide. He was 33
years of age. single and formely lived
at Oberlin, Ohio.
Changes in Inspection Dates.
ATLANTA, Feb. 2S.—The adjutant
general's office has announced the fol-
j lowing changes in inspection dates:
[ Inspect on Company E. first infantry,
I TYnynesboro. changed from February
on account of the death
• of Maj. \V. A. Wilkins, who was the
father of Cant. W. A. Wilkins, Jr.,
commander of the company
Inspection of the Georgia naval mi
litia at Savannah, changed from March
to April 26 and 27, on account of th
SAVANNAH EMBEZZLER OF BANK
RUPT TRUST FUNDS GETS
FOUR YEARS.
SAVANNAH, Ga.. Feb. 27.—After
having stubbornly contested his case
since the beginning of his trial for
embezzlement J. P. Holmes this after
noon in the United States Court with
drew his plea of "not guilty” and ren
dered one of "guilty,” and was given
a sentence of four years in the peni-
tentiary in Atlanta.
The pica came after the Government
had rested its case on the evidence, and
i rimari snd I parted company. He is absence of Commander H. S. Co'ding
I quite right in saving that I borrowed on important business in Washington.
I funds from the Illinois Central, but he
should have added that the loan was
made at a time when we were most
anxious to put out some of the sur
plus. That I hunted from bank to bank
to loan our money; that this particu-
BERAL HENDRICKS
ACCIDENTALLY KILLED.
COLUMBUS. Ga... Feb. 27.—Bera!
Hendricks, the 14-year-old son of
Marcon Hendricks, a grocer, was ac
cidentally shot and killed while hunt
ing north of Columbu3 this afternoon
by the unexpected diqjiarge of his
gun. A hole three inches in diameter
was torn through is heart. The gun
was discharged while he was going
through a wire fence. The wounded
boy crawled to the roadside, where
he expired.
was considering the ap
pointment of Mr. Oliver as a member of
the commission. Mr. Oliver said that
he would not accept a place on the com
mission if it were tendered him. When
he has been officially notified that the bid •
of the Panama Canal Construction Com- !
pany has been rejected, Mr. Oliver will i
give out a statement for publication.
“Only fast Thursday,” he said tonight, ‘
“the President assured my friends that
I would be given the contract, and he
■wpnt as far as to saj' that he would be
down in Panama next November, and
said that he was confident that by that
time we would have the work well under
way.”
The corporation organized by Mr. Oliver
and known as the Panama Canal Con
struction Company, will at once be dis
solved. Mr. Ofiver says that he has spent
$40,000 in the preparation of his bids and
in the organization of the construction
company.
Will Make Puglic Statement.
John B. McDonald, of New York, pres
ident iff the Panama Construction Com
pany, will arrive in Washington tomor
row and will assist Mr. Oliver in the
preparation of a statement including ail
the official correspondence between Mr. 1
Oliver and his associates and the Presi- :
dent. Secretary of War. and the Isthmian
Canal Commission regarding the canal
contract will be given to the press.
The President had a conference at the
White House this afternoon with Secre
taries Taft and Root regarding the work
ing out of the details of the reorganiza
tion scheme for the Panama canal work.
It is understood that in addition to the
changes In the commission already re
ported. it has been decided that' CoL
Haines. U. S. A., retirde, and Benjamin
Harrod. civil engineer, both members of
the present commission, will retire. Ad
miral Endicott. who is the only remain
ing member of the old commission, will be
retained on the new* commission as the
law requires that one civil engineer of
the navy shall be included in its mem
bership.
said. 51 r. Kellogg elicited the admis
sion that the discount on the bond
had been so charged that while th
books disclosed It, the annual repor
would tend to confuse the public i:
regard to this item.
In answer to questions from Com
missioner Lane, the witness questioned
the right of the directors of the Al
in going back over their books foi
period of many years and capitalizing
the expenditures. He said thai each
succeeding board of directors had each
vear passed upon the accounts and lie
thought that such acts should have
been final. Before the hearing today
began it was F.iid that contrary 10
expectation William G. Rockefeller
would not be called to testify regard
ing the alleged sale to him by Mr.
Harriman of 300.000 shares of Union
Pacific at the time of the so-called
Keene raid in 1903.
33 CASES TYPHOID
OWNER SHOT SELF
POOL SELLING ON RACES
PROHIBITED IN ARKANSAS
LITTLE ROCK. Ark.. Feb. 27—Acting
Gov. John I. Moore today signed the bill
introduced by Senator Aramis and recent
ly passed by both houses of the State
Legislature, which prohibits pool sHiing
on horse races in Arkansas. Inasmuch r.s
the bill becomes effective Immediately, It
may have the effect of closing the meet
ing now in progress at Oaklawn track.
Plot Springs.
CLEVELAND, O., Feb. 28.—Five
workmen in the top story of the John
Schaber picture moulding factory had
a narrow escape from death tonight
when the building took fire. The fire
men climbed to the third story and
rescued the workmen. Schaber. owner
of the factory, collapsed at the fire and
afier he had been home, shot himself
with a revolver. He said he was too
old to begin life anew. He will prob
ably die. The loss w-as $60,000.
Trustees Inspect Schiol Site,
ATLANTA. Fob. 28.—At a meeting
of ihe executive committee of th r * ;
beard of trustees of the agricultural !
school for th“ 10th Congressional dis
lar loan wns made on collateral which j trict held in Hancock
had been introduced
St^ar
-sistant District Attorney
ounced that the Government
I would rest its case Frank M. Oliver,
counsel for the defense, asked for fif
teen minutes to cr-.: suit with Mr.
Holmes. Th® necessary recess was
, taken. Holmes returned to the court
rocm and entered the p!**a of guilty.
| Hnim.es. wh.o came to Savannah sev-
1 eral years ag- from Chicago, was for-
I merly bookkeeper for the piano house
• McArthur Sons Company. When it
failed he was appointed trustee in
bankruptcy. Some weeks ago a settle
ment was sought but could no: be
secured. Then Holmes was .arrested
0:1 a warrant chargin
ment of $13,090.
icnabiy ample and market
able: that several of the other direc
tors borrowed from the rorrnany in the
same way, and finally that Mr. Tfarri-
man h:m c e!f. while a. director, had bor
rowed from the company in the same
manner frequently ar.d ir sums aggre
gating several millions of dollars. As
a matter of business I did not then re
gard it as improper, nor do I now.
When in the fall of 1508 I desired to
repay the debt. I propped to negotiate
a new loan from Kuhn, Loeb A Co.
Mr. Harriman asked me not to do so,
and volunteered to lend me the sum
hirrseif. and I accented the offer.
“Respecting the deposits with (he
Trust Company of the Republic, it gy
should be said that this institution m.'
was one of the many N^w York trust pi.-*
companies with which we carried ac- ; Th
counts, that the sums or. derori* fluc
tuated with the general conditions of
our very laree business and that there
was no 'padding’ of accounts by me.
The deposit was never in danger. 1
was arrested was a trustee ef the Trust Company
the embezzle- j of the Republic but never an officer.
’’Concerning the acquisition of the
(lav the site for the school at Granite
Hill, three miles out from Sparta, was
thoroughly inspected, and th buildings
located. Following this action Con
tractor Blr.'r broke dirt on Tuesday and
J will push the buildings to completion
i as rapidly ns possible. The landscape
1 features at the school have been placed
in th hands cf Robert Berckmans, of
: Augusta. Work has also be*n started
j on the seventh district agricultural
jschool in Cobb’County, and these are
the first two to get under way.
Turpentining Second Growth Pines.
To the Editor of The Telegraph: As
turpentine steadily rises in pric”, it
seems that the short-leaf, or second-
growth pine, of middle Georgia m’ght
he available for turpentine making.
There are millions of such trees in this
region, large enough for the purpose,
though as to whether they yield
to make the business pay, I
untv on Mon- ^ er - ou ” n t0 make me cosiness pay,
• * am not informed. A few years ago
there was much said about a certain
process T5y which the tr»res could be
tapped without killing them. If there
is such a method, and if these trees
are available we -'utrht to know the
facts. Can The Teieercph inform us?
A. C. JACKSON.
Forsyth, Ga„ Feb. 26.
[Some on? is trying the experiment
now on the Georgia Road a few miles
out of Me con,
about it if there
given area.—Ed.
MORTON RE-ELECTED
HEAD OF EQUITABLE
NEW YORK. Feb. 28.—Paul Morton I
was re-elected president of the Equit
able Life Assurance Society at the
annual meeting of the board of direc
tors today.
President Morton reported that in
3506 SO per cent of all disbursements
went to policyholders the remaining
20 per cent being expended in the con
duct of the business. In 1905 the pro
portion was 74.65 to 25.35, the latter
percentage being for the conduct
business. The net increase in
pens'’.'; in 1906, exclusive of agents’
commissions, in which Mr. Morton
said there was a large saving, wa
$1,251,032. The average rate c
est yielded from the society’s invest
ments were 4.26 per cent, as compar
ed with 4.03 in 1905.
NEW YORK. Feb. 2$.—Hoar Admiral?
Coghlan. commandant of the Brookly
Navy Yard, said tonight that there wei
33 cases of typhoid fever taken from tiie|
battleship Connecticut when she arrlv
from Cuba today. The Navy Hospital?
reported that none of the men were in
serious oenditton. The admiral was askee
to assign a cause for so many e.
one ship, and replied that this was in
possible, as it might have been due
any one of a number of tilings. He d4|
c’e.red that so far as he knew there WO
be no board inquiry into tile snip’s con
ditio.n: that she would proceed to Tomp
kinsvillo tomorrow, where she would coa
! and that then she would immediately
I rejoin Admiral Evans’ iie?t at Guantan-|
j amo. The Connecticut is at the Nervi
York Navy Yard in Brooklyn, where t’nol
sick men were taken *n ambulances
the Naval }i! connected with the!
yard. The Connecticut also brought!
homo 14 sick men freni the other ships!
of Admiral Evans’ fleet. None of whom!
had typhoid fever.
Worked Like a Charm.
Mr. D. N. Walker, editor of that
spicy journal, the Enterprise, Louisa,
Va„ says: "I ran a nail in my foot
last week and at once applied Buei;-
len’s Arnica Salve. No inflammation,
followed: the salve simply healed tie
wound.” Heals every sore, burn ar.d
skin disease. Guaranteed at ail drug
gists’, 25c.
BIII8LK DENOUNCED
Coun+v Commissioners Apnointed.
ATLANTA. Feb 28—Governor Ter
rel! appointed today, under a local law,
■ester J. Carter to be countv com-
- oner for Lowndes Count;., in
place of J. L. Rober'ser
The nnpr ir.tment holds ur.
genera! election in the county.
There is no trouble
are enough trees on a
Telegraph.]
Oldest Mason Dies.
CLAREMONT N. H., Feb. 28.—Wil
liam Welch, believed to be the oldest
member of the G. A. R.. and the oldest
ceased. ! Mason in the United States, died today
! the next : a t the home of his son at Fist Leren-
ster. Mr. Welch was 107 years of age.
GERMAN NEWSPAPER MAN
WOUNDED IN FURIOUS DUEL
VIENNA, Feb. 28.—A furious sword
duel was fought here today between
Herr Rakovskv. vice-president of the
lower house of Hungarian Parliament
and Herr Harvath. a local journalist.
The en-ounter grew out of charges
of political espionage made by Herr
Rakovskv. Herr Harvath was' severe
ly wounded.
AUSTIN, Tex.. Feb. 2S.—The after- j
, r j math of the Bailey investigation camel
r ~ in the House of Representatives to-j
day. Representative after Represen
tative rose to denounce Senator Bailey j
15 i * or tne language he used last evening!
- r ~ in addressing himself to men who had j
voted against him. Bailey’s assertions'
were denounced as lies, his language^
as indecent and abusive, and his man
ner as insulting. Representative Sam j
Johnson denounc ed Bailey as “A wilful,
malicious ar.d premeditated liar.”
Representative R. M. Brown used j
language to the same effect and Rep
resentative Beatty was caustic in his
remarks, which sjar?d neither the pub- '
lie nor private record of the Senator. '
Representative Driggus eulogized Sen
ator Bailey and Representative Dodd
also spoke in his behalf Senator Bai
ley left tonight for Washington.
Jv-'aes Pro Has Vice.
ATLANTA. Feb. 28.—Judge Z. A.
Lift! John, of the southwestern circuit.
Americas, nnd Jude? L S. Roan, of the
Stone Mountain circuit Atlanta, were
today appointed by Governor Terrell as | County in pension money,
Vets Get 514CC0.
COLUMBUS, Ga. Feb. 28.—Ordinary
William Redd. Jr., has completed ti>?
payment of $14,000 to the Confederate
veterans and widows of Muscogee j in Naples, Italy, comin
Oldest Member Dead,
BALTIMORE^ Md., Feb. '28.—Rev.
Joseph M. Ardia, probably the oldest
member of the Society of Jesuits in the
world, died late tonight at Loyola Col-
•. aged ninety-one. He was born
to this coun
try about sixty years ago.
PARKER’S I
HAIR BALSAM
Cl«mw* and beautifies the bait.
I'rMRote* a luxuriant ffrowtn.
Kovcr Fails to Bettor® Gray
to its Youthful Color.
Cure* ecaJp disease* £ hair falling.
S0c,and >1.00 at Pruggirta