New York Times, The (Newspaper) - January 22, 1909, New York, New York Tells Congressmen No Other Pending Matter Approaches It in Importance STRAUS DEFENDS FIGURES Certain Number of Japanese Here Is Staff of Army Urges Fortification of San Pedro Special to Tits York Times WASHINGTON Jan 21 President Roosevelt had several conferences on the Japanese situation to-day with members of the Senate and House He told some of his callers that in nis judgment no Question now before Congress whether of legislation or of controversy with is of anything like the importance of question Among the men of both Senate and House there was a no- disposition this afternoon to gest that the sudden and serious re- of the Japanese question syn- very aptly with the coming up of the Naval for action arid the forts ot the Administration to secure Lyric Theatre Purchased by Interests Connected with Metropolitan Interests associated with the tan Opera Company have purchased the Lyric Theatre in Baltimore and will refit it as a home for opera This move was taken last night to mean that the Metropolitan Opera Company will liave the sole use of the theatre as far as opera is concerned Mr stein's company had previously played several engagements at the house it was rumored that he was negotiating for its purchase Bernard Ulrich manager of the Lyric Theatre said last night at the tan Opera House that the theatre would be entirely remodeled and that Company would probably sing weekly at the house next season The sale was completed said Mr Ulrich Baltimore needs a home for opera and when the house Is re- modeled It will admirably fill this pose The Metropolitan Company plays an engagement there in February and two in March season opera will probably oe given once a week The house used during the rest of the week for regular dramatic performances I cannot tell said Mr Ulrica the amount paid for the theatre nor the names of the purchasers except to say that they are associated with the Metropolitan Opera Company Andreas Dippel of the Metropolitan Opera Company confirmed Mr Ulrica's statement YERKES ESTATE IN least two more this year in this City May Be Friends of tile President scout such an insinuation and point to the fact the i had its origin in Japan Under the Liabilities Louis S of Chicago who Is an The President has received advices in executor of the will of Charles T Yerkes the traction magnate applied to gate Cohalan attorneys for ancillary letters testamentary in this State Yerkes's will The reason for the application is to enable Mr Owsley to administer the estate in York the value of which Is mated to be in personal property The of the estate here are placed at about The value of Mr Yerkes's personal property here Although estimated at the former figure seems to be doubtful ac- cording to Mr Owsley who is of ion that not more than about will come into his possession The ference is accounted for by him due to the fact that all the securities owned by Yerkes are pledged to Secure collateral loans and the sale of a large part of them will be necessary to pay off the loans made upon them The papers filed yesterday after ting forth the fact of death and that lie was a resident of Chicago say his widow on Jan 30 1008 became the wife of Wilson Miener They put the value of the property owned by Yerkes in Illinois at personal and 000 real estate A list of the creditors of the estate In New York is given but the amounts due stated The dry last few days that the anti-Japanese feeling in California is not confined to the labor agitators and politicians He lias been informed hat it is in fact spread and prevalent among the people of the State generally Under such circum- stances he recognizes the difficulty of the position of Gov Gillett in attempting to prevent the objectionable Legislation and for that reason is doing everything In his power to support the Governor Among ills callers to-day were several members of the California delegation as well as members of the Senate Committee on Foreign Relations and the House Com- on Foreign Affairs Senator Flint is doing ali he can to co-operate with President and Gov Gillett and he has great deal of influence in California Californians here have told the dent that they are inclined to the feeling expressed in- California that the figures on Japanese immigration and emigration given out by the Department of Commerce and Labor are inaccurate The Californians think that more anese are coming in than are going out and they base their belief on what they call the evidence of their own eyes When this statement was called to the attention ot Secretary Straus this ing he declared most emphatically that the department figures are absolutely ac- curate I have given a great deal of personal attention and care to that he agencies milkmen restaurateurs yers florists and jewelers Mrs Yerkes said 7 know that are who also claims to be a creditor is not included The petition makes no reference to the provisions of the bequest to the University of Chicago or the gift to this city of the paintings tapestry and to be known as the Yerkes leries in his mansion at Sixty-eighth Street and Fifth Avenue THE YEAR ONE IN CHINATOWN We have a boarding of- ficer on every ship comes or goes and wo absolutely what arrive and depart We have the records in the department showing the occupation and tile destination of every one it is impossible for us mistaken in tnis It of course that Japanese might straggle over the but we have taken precaution's against and if any do in in that way their number is infinitesimal compared with those who come in in the regular way It Japanese can walk across the Pacific Ocean it is possible for them lo onie in without our knowing it but not otherwise It is not the inaccuracy of the figures to which the agitators ob- but to their accuracy The figures show a condition that is not pleasing to these and that is why they call them inaccurate I challenge the Californians singly or collectively to i Was Also the First Day of First Year of Sin Huong Chinatown got back to first principles yesterday They are going back to the beginning and do It all was not only the first day of the year but it was as well the first day of the first year The new year began at midnight of Wednesday But as Chinese time is figures the date of the Emperor's ac- Department of Commerce and Labor It i cession and this is the first year of Sin any of them will come to Washington I i it nun will gladly show them proof that becomes the year one absolutely convince even the most Usually the only excitement to be seen cal of them the point of view of the ment of Commerce and Labor it is very singular if the largu numbers of Jap aneso suggested by tlie Californians are really coming across the borders that practically all of them go at once to fornia Senator Fulton ot Oregon said that the feeling as to the Japanese In his State was not as as in California Ke expressed the opinion that the resent situation would be cleared up and trouble avoided in Chinatown is that provided by visitors The Chinese themselves stand about the little quarter stolidly enough but yesterday their demeanor altered for the more impulsive Newsboys have found that the Chines believe little coin bestowed upon one giving a New Year's greeting will return a hundredfold having been accepted as lucky money So yesterday the news boys tried their new year's greeting and occasionally got a coin Every Chinaman who could had paic his debts on the previous day that thi first day Of the year one might not find him owing any one celebration will continue quietly fb days It will last In all abou fifteen days During Its latter days th Tongs will hold their annual conclaves Yesterday the residents paid calls am wished one another the compliments o the season TO FORTIFY SAN PEDRO General Staff Urges Its Protection Possible Enemy WASHINGTON Jan fact that there was recently sent to Congress by President Roosevelt a report by the eral Staff of the Army which became public to-day recommending fortifications for San Pedro Harbor in California was made the basis for suggestions that such decision had just been reached in view of a possibility of trouble with Japan At the War Department this inference was most explicitly denied There It was said that the general subject of the im- provement of San Pedro Harbor had been under consideration more years beginning before there was thought of any dispute between the United States and Japan It was taken up as a ural military problem involving the sary protection of the Southern California Coast from foreign invasion and without reference to any particular country or enemy The defense of San Pedro was as that of other harbors on the Pacific or on the Atlantic Coast would be The report was accompanied by mates of the cost of the site and aggregating for big puns submarine mines land and men who do not know some of the de- General Staff's argument assumes I thai come from the who thua was thrown into contact with most of the citizens Cooper Sr top has been in politics for years TWO MORE COOPER JURORS Hard to Find Men in Tennessee In Carmack Murder Case NASHVILLE sec ond day effort to obtain a jury i- the trial of Col Duncan B Cooper hi eon Robin Cooper and former John D Sharpe charged with the of former W Carmack only six men in the box gain of only two over the day before Most of those examined to-day wer residents of Nashville or vicinity wher the case has been fully discussed an where most of the people have take sides Besides few men are willing t serve upon a jury in a case in which th SLAIN IN THE STREET Down by Unknown ant Who Escapes by Leap from Roof RIENDS VOW VENGEANCE leut Identifies Him as quail Miami Whose Picture Is In the An announcement of great interest tp pupils in the public and private schools pf New York and parents and teachers pears on Page 8 of this issue of The Times Miami a barber who lived at 8 was shot front of 439 East Fifteenth Street by n Italian who sprang from the doorway liami died in Bellevue Hospital an our afterward While Miami who It afterward was was from Messina and had lost there in the lay upon the sidewalk Sergeant er of the Bast Twenty-second Street Station gave chase to the slayer had run to the entrance of 413 East Street tossing his revolver upon le sidewalk as he fled In the doorway stood Mrs Emma mn a tenant and she tried to stop the but he pushed by her and the roof Running across tho of the intervening houses to the oof of 405 to the roof of twenty-five disappeared down scuttle ole in the roof and escaped In the meantime Miami had been Ified by of 421 East Street who told the police riat he and Miami had formerly served n the Italian and had come to this three years ago also asserted that Miami had een mixed up in an Italian feud during he last six months Before Miami's body was removed from he hospital to the Morgue Lieut inl of the Central Office identified him s a notorious leader of the Black land city whose picture is in he Rogues Gallery at Police did not say that Miami was he real name of the dead man but from said It was learned that liad been feared by many In tallan colony as a desperate Italian rook The police advanced two theories after he shooting One was that Miami had been killed by some one he had attempted o blackmail and the other was that a member of the Black Hand had killed him fearing he would divulge some of the secrets of the clique Twenty-five Italians called at the Morgue last night view the body of NO LIQUOR FOR TENNESSEE House Passes to Prohibit Its After This Year Special lo The New York Times NASHVILLE Tenn Jan a heated battle which lasted through the entire session the House of this afternoon by a- vote of 60 to the final reading the to prohibit the manufacture of Intoxicants in Tennessee 1 The con- sideration of the precipitated a debate which began at noon and lasted until debate that even the Speaker of the House Taylor saw proper to take the floor in behalf of his position Frank S Garden and W B Cleage Representatives from Hamilton vigorously arraigned the State-wide i leaders Mr Garden made an appeal for fairness and justice and took occasion to eulogize Governor for his manly stand and to pay his respects to the converts to prohibition and J the Democratic-Republican coalition OF PRESIDENT THIS YEAR i Congressional Appropriations for 30 1909 Aggregate That Amount AT HIS DISCRETION Total Covers Maintenance of White House Executive i for Clerks Hire COST OF OLD-AGE PENNONS Those Already Granted in Britain Will Make Outlay Special to THB NEW YORK TIMES LONDON Jan official ures on the old-age pensions granted up to Dec 31 last show that the total number of pensions granted was 038 per annum To this must be added cellor estimate of the cost of administration i Thus the total outlay for the first year will be at least even if no additional pensions are granted Premier Asquith's first estimate was Coat Maintaining a President President's salary Clerk hire Contingent fund President's expenses White House horses vehicles etc White House grounds v Care of Repair of greenhouses Printing Lighting grounds 25.000 510 Total Special to Tin New York Speaker Taylor declared that i WASHINGTON Jan debate la perfectly satisfied with his Democracy he Senate on thp proposed increase In the tossed air aha vowed they would be avenged for his death nearly all of these men the man and were his riends was evident from their actions The police have the assassin's hat and the revolver But the only have of him is that he is a short dark bow-legged man with a black and maintained in opposition to Mr den that the measure was not During his speech he was frequently applauded but it Is to his credit that the conduct of the galleries during the entire proceedings was highly respectful and with the exception of applause which was rarely ever excessive lent order was maintained An amendment offered by Mr Garden providing for the appointment of a com- mission the Governor the Treasurer and the Controller whose duty it would bo to appraise the property and assess the damages that would accrue to the distillers and brewers by reason of the passage of the was voted down by practically the same vote recorded on the final passage of the An amendment offered by Mr Wisemen extending the time until Jan 1 1911 was also tabled Every member of the House who voted for the State-wide saloon measure voted with the on the ing with the exception of two Three members of the House were Worley Dr Home and Mr Hannah who have not qualified LIQUOR FOR WASHINGTON House Committee Kills a for in the District of the President and other ve officers and the Federal Judges has the attention of both branches of to the of money ut at the disposal President for is personal or official expenses Senator Borah for the Republicans laid stress on he fact that this amount 18 far in excess f the salary of voted each year hlle Senator Bailey for the Democrats that a sum of was bated each year subject entirely to the resident's discretion The House has been following the de- sites closely especially after Borah's was adopted holding the salary down to Tha that Representative Madden was quoted In the Senate as having the total cost to the country of maintaining a President for one year at 3831000 gave a new turn to the question admitted that he had made he estimate to but refused to the subject further The figures n which he had gone he said were ral years old and he had made no at- empt to follow the year-to-year changes Ince that time The estimate he had made Included the care of the White louse and the upkeep of the executive of- ice force In refusing to discuss the er further Mr Madden seemed to think hat It might in some way seem a dis- reference to the Republican President j for the District of Columbia received Its I blow District of Columbia Committee to-day when Representative Sims s putting the District in the dry column was tabled by -a vote of 11 to 2 Mr Sims said that had introduced the at the request of local temperance societies MISS SCHEFF ILL ON STAGE Actress Faints in the First Act Un- Takes Her Part Scheff had a serious fainting spell in the first act of The Prima at the Knickerbocker Theatre last night and the curtain stayed down for nearly three-quarters of an hour before ler understudy was able to appear and continue in her part Miss Scheff fainted the began but she insisted on ing despite the efforts of her manager Charles Diilingham to send her home During the first act showing the Cafe Miss Scheff performs on a miniature stage Without any when the act was dyer the actress re any one could catch her in full view of the suddenly fell to the floor befo The miniature curtain was rung down first it was seen that she was not going to recover speedily the regular curtain was lowered It- stayed down while Miss Scheff was being revived In her dressing room Finally as she appeared to be too weak to proceed with the her Blanche rison went on In her place and Miss Scheff was taken home Jn her carriage GUN SCARED CURB BROKERS They Had Man Arrested Pistol Showed Under His Curb brokers trading In the roped In- closure in Broad Street had a mild scare yesterday when word went round that a large and shiny revolver barrel was ly to be seen protruding from the torn coat pocket an onlooker The Curb's nerves have been shaky since one of the brokers was shot to death by a client last month In his office overlooking the Curb market The stranger was roughly dressed and seemed to be the crowd inside the ropes with closer Interest than the usual curiosity of the dally fringe of sightseers The traders gave the man with the grim a wide berth until Policeman Angus ton of the Traffic Squad came by The gun was pointed out to him and he went up behind the stranger slipping the weapon out of his pocket before he could turn around It was a loaded re- volver of heavy pattern The man ex- that he was a stranger in town and did not know that he had to have a license to carry a gun Beaton took him to the TomBs Court where he said lie Austin Allison of Pittsburg He said he SIX BOSSES IN SENATE La Magazine Names Them and Denounces the System Special to The New York Times Jan Less than a dozen bosses dominate legislation in the States says this week's Issue of La Magazine Who are these It goes on In the order of their control one ac- with the business of the Senate would name them as Aldrich Hale Cullom Gallinger aker Do they rule because of their superior mental Far from They are not great men In the main they ordinary lot They are the product of a bad system Legislation in the United States ate is controlled by committees The appointment of 1 be committees is con- trolled by party caucus The caucus is composed of a few bosses with a few Independents and many cowards and lowers When the are bosses are found upon the committees control appropriations transportation tariff commerce foreign relations military naval they have not overlooked the Judiciary Committee nor the Committee on Rules feeling is intense It is difficult was employed by the Company He was held in ball m for trial at Special Sessions nt and the statement Is made that so sis location is concerned San Pedro would be a good base from which to op- our Pacific coast Speaking of the Los Angeles country the report sn When one of the great extent of this country and its immense wealth and takes into consideration its climate making It one of the most attractive dwelling in the world no effort of the Imagination Is needed to realize e temptation it offers to those Oriental the report suys that recent study dis- closes the fact that assuming there were ao effective naval opposition a certain Continued on Paste 2 FROM TO After seeing everything new im autos why the the New YotS There's In In gor stria Jn spite of the bitter feeling between the two factions there is bebt of feeling attorneys There has not been the simplest dispute so far and recesses or between sessions counsel on both sides have mingled freely Unlike the night rider trials at Union City only 150 miles away there has been no display of weapons Even the Deputy Sheriffs on duty are unarmed at talk of trouble When court adjourned the State had used seven of its eighteen peremptory challenges and the defense eleven of seventy-two President of Cuba January Tho best quickest most comfortable route to the capital Havana Cuba Is the Over Sea Limited operating direct from New York to Knight's Key with through man Sleeping and Drawing Room Cars dally service with a steamship connection to only nine daylight hours on sea For lars RUSSIAN JOURNALS FINED Punished for Saying Police Agents Took Part In ST PETERSBURG Jan ranging from to have been posed upon St Petersburg journals for publishing articles to the effect that agents of the Russian police had in terroristic crimes A statement has been sued declaring that the stories that agents of the Russian police participated in the murders of Grand Duke Sergius M Von Minister of the Interior and others ara complete fabrications Six full in Sicily stands Adv l pages in Col new pictures of tha earthquake January All GET CARLOAD OF BABIES New Orleans People Delighted with Orphans from New York Special to The York Times NEW ORLEANS Jan children from the New York and Orphan Asylum arrived from tha city over the Illinois Central to-day and were almost all placed in the hands o delighted foster parents Half of the number were girlE and half boys They were in charge of Joseph C Butler Each baby had come to fill an order the foster parents having arranged In ad- vance for a child of a certain color hair and eyes and a certain temperament and disposition So carefully liad the choices been made that not one of the persons who came for children was disappointed or her By noon forty-eight of the sixty-six children had been disposed of many of those who were at the train being disappointed because Mr Butler could only here The other eighteen had been prom ised for places out on Southern iPa In this State Mr Butler was almost with requests for more babies The bunch will be between two and years of age and will come on order in manner as those already here Mr Butler accompanied by thre nurses and two sisters of charity ana en party left New York Tuesday night a o'clock They traveled ail the waj In New-York Central day coach com ing by way of Cincinnati and on the Big Four and the Illinois Central Wants No Tariff Commission At the twenty-fourth annual meeting o the American Protective Tariff League held yesterday at Its National head quarters 339 Broadway resolutions wer adopted unanimously condemning the pro posed establishment of a permanent taril commission and complimenting COngres on Its reported Intention to correct Executive tariff agreements Row For ladles downtown Luncheon Dinner M JURY DISAGREES IR Justice Crane Before ft Holds a Girl Witness in Bail for Perjury CONFESSED ON THE BRITISH TRADE LOST MOST Shows Largest Decrease in Exports and Imports in 1908 Special CaWe to THE NEW YORK TIMES LONDON Jan comparison of the statistics now available on the trade losses during 1008 of the four chief countries of the world shows that Great Britain suffered more than any other Following are figures of the de- crease in Imports during 1908 from United Kingdom Germany United States France Following are the figures on the de- crease In United Kingdom Germany United States France The total loss Jn Imports and ex- ports therefore United Kingdom United States 000 Germany France Sadie Lee Acknowledged at the That Her Evidence Before Grand Jury Was False The trial of David S the mer of the Station for the murder of Barbara the factory girl In the shelter house Irving Square Park last July came to sensational end last before Crane in the Criminal Branch of the SUi Court In Brooklyn The jury hwl entered the courtroom and had that It was Impossible for them to Before Justice Crane discharged called Sadie Lee a witness in the who admitted that she testified before the Grand Jury before him scathing denunciation of her conduct testifying falsely Justice Crane to the Raymond Street in await the action of the Grand Jury j I did not commit you when you on the said Justice Crane cause I did not think It would bo NO AUTOS FOR TAFT Senate Committee Strikes Out Appropriation for Presidential Cars Special to York WASHINGTON Jan Taft will have to walk stick to the saddle or be conveyed from place to place to street cars or In horse-drawn vehicles The Senate Committee on to-day ran across an item In the Urgent Deficiency the purchase and care of automobiles for the use of the executive office The automobile has not made many friends In the Senate as was disclosed in the de- bate of the last few days on- the posed purchase of such vehicles officials and the committed struck the item out the current fiscal year ending June 567 1009 Congress appropriated in two bills a total of con- directly or Indirectly to the lort of the President and his Immediate personal attendants and cjerks sum does not include such occasional of clerks from executive ments as he might need from time to when the rush of preparing ages has his regular force Interesting of these nces come in the Sundry Civil which by the Appropriation Committee of which James Tawney Is The lump sums for salary and clerk hire come in the Executive and Judicial They are ifor the President's salary for salaries of the executive office force and for the executive office con- ingent fund payable at the discretion of the President for telegraph and tele- phone service furniture horses and ness The Improvement and maintenance of the White House grounds a few acres within the high Iron fence makes the first item on the Sundry Civil Torses and vehicles their purchase and maintenance or hire and the ordinary care repair and maintenance of the White House add to this the sum of which again is to be- expended at the President's discretion Next comes for fuel for the greenhouses and stables while the sum of was appropriated tor the maintenance and care of the greenhouses attached to the White House An tional provides for repairing the greenhouses Another appropriation put solely at the President's discretion and accounted for on his certificate only is for traveling expenses for A bagatelle of keeps six arc lights burning on the House grounds The last Item is for printing from the executive office The expenditure of this last sum depends largely upon the number of special messages written by the President The items that attract the greatest at- tention in Congress are those subject to the discretion of the President They make a total besides his salary pi The care of the White House and grounds and the purchase of horses and FRANKLIN BARTLETT ILL Confined to His Room by art Attack of Yesterday Through tne absence of Franklin and fair the defendant But when calmly and deliberately tell ma and this that you willfully and testified in connection with this making mere laughter of our judicial i tern I must hold you Certainly In case wo have had perjury In the courtroom awaiting the ver were the relatives of the accused man and Barbara Reig the same composure he has throughout the trial and even when jury announced that it could not acd he was sent baclc to tho Street Jail to await another trial he outwardly unmoved Before he was the courtroom his wife mat him him telling him to keep up courage Ho was then taken back Jail by the Deputy Sheriffs had charge of him since his trial -I four days ago Mrs the prisoner's mo was deeply affected by the results o trial She almost collapsed and be assisted out of the courtroom Lee the mother of Sadie Lee terly when she saw her daughter 1 to jail after she was arrested Jury This was an unexpected the trial and neither the nor her mother expected It as In the courtroom awaiting tbe ve the Supreme Court of he was interested as counsel yesterday it was learned that he is seriously 111 at his home 26 West Twentieth Street Col Bartlett has been compelled to keep to his room for the last six weeks with a sevene attack of jaundice Inquiries last night showed that while he a very sick man his condition Improved somewhat TRIPS OF ASTRAL BODY Woman Says She Visited Wales Three Times Also Remaining in Si Louis Special to The Wra York Tims ST LOUIS Jan Jordan W Lambert wife of millionaire cal manufacturer relates one of the most remarkable stories of psychic phenomena ever told She says she journeyed to Wales from her own home three times to bind up the injured arm of a boy hurt In the slate mines there She also gave him money for the relief of his needs This was In United States coin and the boy exchanged It at the steamship offices In London for English coin Tha exchange was proved In London later All of this time Lambert was In own and she thinks entirely conscious throughout She herself relates the experience prefaced by spirit between Joa Wentworth spirit guide and herself AUTO RUNS-DOWN Archibald Foss In Car Which Hits Con Preacher DARIEN Conn Jan Rev Herbert S Brown pastor of the local Con- Church was run down in this city this afternoon by the motorcar or Archibald C real broker of New York The pastor was riding a bicycle at the time Besides a fractured skull the pastor received a broken leg and bad bruises Mr Foss who had a friend In the car with him picked up Mr Brown anc rushed him to Stamford Hospital in the car He Is in a critical condition night Oliver Haglen of 219 West second Street New York the chauffeur was arrested Mr Foss give a bond of vehicles take up at this dis- MACREYNOLDS AGAIN appropriation the rest Is Tor contingent expenses may never arise The money however is subject at times to the Presidents order Even more however in these formally appropriated amounts the discussion tres in the use made by the President of the detailed Dolphin Mayflower at his command like pleasure yachts Mrs Roosevelt is said to have cruised down the Potomac on the Mayflower on a pleasure trip and to have used it for shopping poses on many trips from Oyster Bay to Friends of the President point out ever that not all of the appropriations mentioned in the bills are payments to the President personally The official to is maintained this amount Besides Private Secretary with his salary of 000 and ant secretaries with salaries of each there are about a score of clerks stenographers and messengers Some of these clerks perform the work of tele- graph and some attend to the connecting the office witti the The general attitude in the House is to hold out on the proposed increase of the President's salary to long enough to force tbe to increase the er's salary There Is little doubt felt among the House that In the end there will be general increases in salary COAST OF OVer Sea from New York t Hearst Agent Charged with Attempt to Conspire Against Haskeil Oklahoma personal representative of Clarence Shearn of New York who is defending R Hearst In the libel suit brought against the editor by Gov Haskell was arrested here to-day arrest was made on Information received yesterday the Sheriff of Pawnee County who charged MacReyn- with attempting to conspire with R L Lunsford of Cleveland Oklahoma to procure information defamatory to tha character of Gov Haskell Mr denied absolutely ing offered money to Lunsford who Is an Oklahoma oil inspector for evidence against the Governor was released on bond Ao he is to appear in the Guthrie courts en Monday next when the cause of his firs arrest will be brought up the for of the last case was not set out aft Crane which took from the jury of a first degree diet thereby saving the prisoner possibility of going to the electric ch After both their cases MXJ before James W began his up he made the usual motion casa be dismissed as ho there was not sufficient evidenced H to convict his client denied the motion but added he would not allow the to convict the prisoner of murder in first degree i I see no evidence showing he said I will leave it to jury to decide if It bo murder In the ond degree or manslaughter in degree Both and his wife elated over this ruling Mr Ridgway then began his final for acquittal He declared that the prosecution had depended solely upon the circumstantial evidence to convict the defendant and In this it had failed to show that a crime had been committed You are asked to adjudge a man guilty against whom there is nothing but a chain of circumstantial evidence many missing and more broken he said You can't convict a man suspicion alone brought out tho fact that two physicians had testified that Barbara Reig could have shot herself two fingers which were not by the injury which she had to her hand early In life He insisted that ilg who pursued ner presence it was Barbara Rei prisoner and referred to her pri on the streets at 1 o'clock In the ing and that too when the defendant tl was on his post He then referred to the testimony of the policemen Jn the trial and declared that if a policeman whan he i was put on the stand remembered all were the body of Barbara Reig was discovered in the houw vi he and If he did not he untruthful The implication is continued Itr Ridgway that because he 4 man and the other man was a the witness is withholding something and i not doing his duty to the public Should i you then convict a man because you think a lo withholding the In fairness you can convict what not on what Is unsaid Assistant Roy scored the police connected with the V From f various circumstances this assumed great he said Ifc J Is not the usual one of the People on side defendant on the other but c of the People on one side and an on another I want here to cept some men on the police this category Don't think all are dishonest and liars It is not a question of this i being convicted of killing Barbara BalE but of the community befog exposed to a reign of terror from the uniformed men charged with the duty of preventing such J crimes as these The caso offers you a grand opportunity tor the performance ot 1 your sworn duty Men have gone on thu t stand and been and as soton fti J their testimony approached the i point 1 where It was to throw light and truth on i the case their memories have been 01 1 by some insidious Men were at shelter house that who knew girl and said they did not and lied In saying so It re- j markable that such a condition of J should i j Justice Crane began his charge after 2 o'clock the stS o'clock to consider a verdict became evident at 6 o'clock that a j could not be reached Justice Crane riUa m th at he would return in three-quarters flf an hour during which time tho could be with dinner At SEABOARD LIMITED All Pullmans electric lighted and standard sleepers club and observation elf Jacksonville St Augustine Palm Key Quickest train via eat Pa R R or Adv o'clock the jury filed Into the courtroom and informed Justice Crane that i could not come to a conclusion He tow them to adjourn to the uno make another attempt At o'clock the jury filed into court room and after the foreman an- that a verdict could not reached Justice Crane discharged and remanded Shellard back to Raymond Street Jail -As far as could be the jury took two ballots and each the result was 6 to 6 Peter B Hanson who was conm with James W Ridgway In announced after the motion would be made in a tho prisoner i fL
