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Anaconda Standard (Newspaper) - November 29, 1911, Anaconda, Montana WEATHER FORECAST. FOR WEDNESDAY. Fair. WEATHER FORECAST. FOR THURSDAY, Warmer, snow. VOL. 87. ANACONDA, MONTANA, WEDNESDAY MORNING, NOVEMBER 29, 1911. PRICE FIVE CENTS. .Tuner, SMITH TO OliniSIl HIS REMOVAL FROM HUNCH. tloriirys for Ilowc ivlll link Niiprcmc direct irlcl jtlllKU to roniovt: po- lleu iiiMBlsd-ntc: tor IIIlCKfil (lie .Iinlpre lloohor rtenlpN Iloote'M vrr- loii of fnnioun HUB micccli mill fo Rot him of II. Thomas J. Boohcr Is still police magistrate for the city of Butte. will continue to act us such to the end of his elected term, unless, in infamvhllc. Die supreme court should reverse the decision yesterday by Judge ,1. Miller Smith, who dis- missed proceeding to oust Judge liooher frnin his ofliTO on llio ground that he luid collected illegal fecvs from lly county. The court held, In effect, that Jiooher had a right to collect fees from the county for services rendered suite eases wh.ile acting as ex-uf- llcin justice uf thirpcfu-u. the ouster proceeding was brought a few weeks ago Judge liooher sent a letter to the county commissioners, accompanied by a re- fund of the fees collected, anil ac- knowledging thru he was not entitle! In them. Yesterday he created sur- prise by claiming that lie did not ap- prove of the letter, but signed it bo- was asked to sign It. and without giving It proper consldenuinn. The (luestion that may now claim sonm "f his attention is how to got back the money he lurm-d over to tin; county under the belief that he was not en- titled to it. Attorneys and Nolan will im- mediately the supremo court for an order compelling .Smith to suntinarlly remove Hooher from of- fice, In accordance with the facts ad- mitted In the case and the law as ap- plied to them. The petition will prob- ably he presented to the supreme court today and some decision may be pbtalned within a week. Under the law of the state the coun- ty pays to justices of the peace not to exceed J5UO a year for acting as ex- amining magistrates In state cases, like cases of vagrancy, petty larceny, etc., and in lIHil a rule was established by the county commissioners to pay the same sum to the police judge for smllar services while acting as ex- ofllclo justice of the peace. All police judges since that time have collected the fee at the ni.to of S-U.G't a month. The ouster proceeding brought" against Uooher by Mr. under section 3.2-11 of the revised codes, which relate.1: to the compensation of police Judge, which must be fixed by ordi- nance at not exceeding jL'.Ono a year, tl'.p salary that Is paid In Unite, the section concluding as follows: HJIKI.M of Acennntloii. "In all criminal actions or proceed- ings arising under the criminal laws of the state when acting as a justice of the pca-.v or committing magistrals, he must receive nu compensation what- ever." Attorneys lloote and Xolan, repre- senting tile accuser, have maintained lhat "no compensation whatever" meant what It said, and that und'r decisions by the supreme court of Mon- tana a judgmenl of ouster had to be ?ntered whether the police judge acted or Ignorantly. if it were shown that the fee.s had been col- lee.ted. The Ir.w says siK-h a proceed- ing must he heard In a summary man- ner, and if the charges are sustained, a judgment must be given depriving the accused of his olllce. Judge Smith, on demand of the at- torneys for the accused, called a jury to sit In an advisory eu-iiacSty. and for nearly three days the Jury ami court llstene.l patiently to arguments and oratory. At the conclusion of the trial yesterday the attorneys agreed on the facts so that the ease was tMton from the jury, and was de- TIU'ST IXdtUllY 'I'MM.S ASTOU.MMXG STOIIV OF TUB PANIC DAYS. TO PUT OVER ft Li iyn f (inner ivreotiflve I) nil nfirreeil ivI Hi railroad men on wort of legr- I Hln Mo ii they ivunted, nlluivliiK' pooling n freemen niiyn Aldrlch currency plan IM die till- ed from AViill NOV.H the tv It no N.I, rker, in lit nH tvell lie drcnmliitr liis wtory. 'Washington, Xov. Bar- ker, a retired banker of Philadelphia, sprung a sensation on tho senate com- mittee on interstate commerce today, when he alleged that u New York financier told him In 1904 tlv.it the financial Intorosls would support Theodore Roosevelt for president, bo- cause the latter had "mmlc a bargain" with them "on the nillrrmd question." .Air. Barker's statement cnnio in the midst of a vigorous attack on tho In which he alleged '.ilHO that President Roosevelt had been nlven the details of the impend- ing pnnic of 1U07 severn 1 months bc- ftu-e it happened, but took no action to prevent It. Ho di dared currency plan was the creation not of former Senator A hi rich, but of Mr. of the banking firm of Kuhn. Loi'b L'o. of Xew York, and thai -a fund of had been Mulled to insure its adoption. "Throe or fmir before the clecti'in nf IIKM." .Mr. UN rker said, "I was walking down Hrnadwny, when I mot vidini; for maximum raloH.1 The railroad man added. Mr. Bar- ker said. Unit under the hitter (au- thority it would bo possible to add from to to the total freight rha.rgos paid by the American public. "I told him 1 did nnt believe Roose- velt hful made any such agreement." .Mr. ll.'irUor .said, "hut when the a.n- nunl nniKSHKe nf lOOn wont to congress be recommended most of those things. I wrote to President Roosevelt and Inlrt him what. 1 heard, and that I thought the man had Hod. lint now f must believe ho had not. Tt was the only letter of mine Mr. Roosevelt failed to Members of t'ho committee, asked Mr. Hnrker to pMvo iho name of the tiniincial won wlio told him that fiiiosevelt was to bo elected. "I nan not do it." Mr. Barker said, "but subsequently somebody was fll- loKfd to thave stolen that correspond- eiM-e between Mr. Ttarritnan and tlio president, tollinr of the 5250.000 put tip for tho election expenses In the city of New York." A Cut ititrt Dried I'nnlo. Referring to the panic, of Mr. Barker said a man was present at. a conference at .T. P. Morgan's houso in May came to him in Phila- CASE IS WITH JURI ARfiUMEXTS ARE MADE AXT) THE S ARE LOCKED FOIt TUB MOJ1T. DEFENDANT MOTIONLESS DURING LAWYERS' TALKS (Continued on Throe.) London, Nov. prc-nt surprise Is felt hero fit disappointment, ills- play rd pross at Sir Kihvnnl refusal to ll.iton t.o the suKtfOStltiu of revocation of the Ansln- Kronrli entente I hi1 price nf (lorniiin friendship. Lord LniiHilmvno's speech In tho hnuso of lords lust. n'tfM prnctlnUly nn expression nf npprovnl of the Hrlllsh foreign prcretnry'H views and It mlniUleil Kcnirnlly lhat further llnift be required fur Kir 13d- wnrd's friendly sentiments to In- fully appreciated hy (ii-rmany. Lord Courtney, llt'eral, attacked tho Kovcrnment In the house lords in connect Ion with Iho Anulo-derman treaty and Lnrd Mnrley of Duck burn anil 'l.nrd Lansdrnviie defended It. Lord Courlney desired know why Oroal llrllnin could not ruiiVc to an anmiKoimml with ili-riimny as she did with Kraneo, liuwd.i nnd Ihu United Stales. He diH'lnrrd I hill ChnneelliiP l.lnyd (leorne hnd made nn nullnirnl. uf wh'ch li'm'lMinmn could he prnud. Denver, Nov. order that the. jury miprhl retire to consider a verdict In the rose of Gertrude Gibson Patterson, charged with the murder of her hus- band, Allen ordered a night ses- sion of tho court, and arguments were finished nnd thn en so pi von to the lury Tho Jury WOP locked up for tlie nifiht nt 10 o'clock. In the dlnsy little courtroom, n relic if Denver's early days. defendant sr.t nil afternoon, almost without variation, in one olhmv on a table and her check resting on her hand, effectu- ally i onoealinp her eounteiiiinco from the spectators. Hor finpers stretched across hor PJ-PS, shutting: out tiie siplit of Prose- cutor Poni-'On as ho puinU'd HIP killing of Patterson as tho deliberate climnv of a completely selfish nnd heartless life. Twice she burled her head in her arms on the table, but she was not weeping. Kvon when her own attorney, O. N. Hil- ton, took up her side of (lie story, fhe. sat as before. To tho Flic eernod like one ton exhausted by the or- deal fully tu realize its importance. Attorney Honson closed nn arraignment of the defendant by exhibiting the cnnt worn by Patterson wlieu ho was shot. MR pointed to the powder-marked hole in the back of the coat, and gave it to the jurors for closed examination. At the end of the jury box the exhibit was but a few feet from Mrs. Mary Pattersnn. mother of tho Plain man. but she glanced at It without visible sign of agitation. Attorney Hilton painted his client as the unfortunate victim. Tt was in the midst, of this argument that the. court declared that It was highly Import nnt that tho case to the jury tonight. Ho would sit until midnight. If necessary, de- clared the eonrt. Attorney 11 ill on resumed bis argument for the defense at the night session. elndluK at p. m. One. hour was con- sumed by .Special Prosecutor llenson In closing for the state, and the. case wan given to the Jury at AX IS DlSTItKSKKn. Pnria, Nov. Porllrlo former president nf Mexico, has re.- ttirnod hero. He contemplates spend- ing tho winter at NU'o.. General Dlnx has no present liUentlnn of relurnhw. to Mexico. Ho told friends that ho is greatly distressed at thn roporl of countiir-rovohilions In Mexico, which, he pnid, would only result in reducing tho finances and liarminK the credit uf Mexico. Miironinr in MESSAGE IS OH THE TUTS OILY PRESIDENT WILT, AGAIN RECOM- ME-Vn FEDERAIj IXCORPOltA- TIOX LAW TO CONGUESS. nn GUILT! Of ft MOW CAIIUIXAI.S I1KCU1VM. Home, Nov. newly-created Amorlo'un cardinals, Farley, and O'Connoll, continued (o hold a re- cet'tlou in stale at the American college todny. Many hundreds of vlsllors have called to pay Ihelr respects. Tho morn- Ing was especially reserved for mem- bers of the diplomatic, corps, and the afternoon for cardinals at present In residence In Home. TARIFF AND OTHER THINGS TO BEJAKEN.UP LATER Washington, Nov. 28. -President Taft's third annual message, which will go to congress Tuesday, will be de- voted to the trust question. The mes- sage contains from to words and, with the exception of a few ref- erences to other subjects, tho message deals entirely with corporations. Details of the message will not be made public tonight, it is understood; but federal incorporation as outlineM by Mr. Taft two years ago, was sug- gested as a method for the solution of the trust problem. The president has indicated his aversion to amendment of the Sherman anti-trust act, and from his talks with callers tho inference drawn tonight that there is no suggestion of such amendment in the message. "I've put all my cffgs in one tlie president said. In sending an annual message to congress 'devoted to one subject alone, the president is following the. prece- dent established by President Cleve- land when ho sent his famous tariff message to congress in 1S87. Later on, Mr. Taft will send special messages to congress dealing with important sub- jects. The president intends to discuss the tariff in a message .to be written after Dec. The tariff board, it was said tonight, will not ho able to make. Ha report on the wool and cotton schcM- ules until that time. Conservation, including the develop- ment of Alnslia. will be, dealt with in a Liter message. Mr. Taft to submit reports of the postal committee, the railway securities commission, tho economy and efllciency committee, before the holiday adjournment of congress. The trust message was revised dually by the cabinet today. "Owing to tho length of the session there were many rumors that there, hud been a serious disagreement in Mr. Tuft's nfflcial family, These worn do- nte'd by n majority of the cabinet and by the president himself. Most of the points in the message had been gone over before, and today's session hnd to do more with phraseology, It was said, than with n definite policy. MASONIC EDITOR GTII.TV. Boston, Nov. Wilson of Foxhoro, publisher of the Masonic1. World, nnd known throughout tin- country through his advertliiomcnt.': offering to orpinly.e Masonic' lodges and Initiate members, pleadeil nolo contendere In tho federal court, today to a charge of using Ihe mulls In u scliemo lo dofnxud. Assistant United Stales Attorney Oarlando explained that Wilson Is SO years old, In poor health anil hits signed an aKrcnnient lint In attempt hereafter to organlno Mi'sonlc loilffeu or lo Initiate, ITTEII IJAVS OP KlfillTING THEY IIAVI3 CAI'TUHED THE REI1EL STKOXfillOMl IX Ilt'PEH. SHI Kill WINS reinier si'ill riilvn eve.ryUiliiK nnd lilK iiosition now perate, but think lie- can not hold out agaiiiMt revolu- tion tvltlinnt n foreign npir.s of the republican lender, Li Yuen HenK, n 11 d lic havc been 'in liatile at Peking, Nov. has been >ccuplcd by the imperial forces, which crossed tho Han river 20 miles above .hat place. "Wuchang has made a pro- 'isional capitulation, and it is evident bat the government is getting a strong; land in that part of. Hupch province, where a few weeks ago the rebels seemed to have supreme control. There is no news of. .Li Yuen Heng, the revolutionary and it not known whether he le'J the defense of Hansyans or directed it from Wu- chang. It is not believed that the rebels will surrender, but prefer to take chances in flight, in tho, open country. The rebels endeavored in a message to obtain terms from Shi Kai three weeks ago, it is reported that General Kang, commander of the im- perial troops at Hankow, has refused. The foreign settlements Buffered con- siderably. A Hankow consular rep'ort says it was a foregone conclusion that tho Imperialists woulM win if they at- ASTOMSIIMR.VT IX TIIK M'XAMARA TRIAL WIII3X MAR- SHAL IS AHHKSTED. DETECTIVE ACCUSES Says man iintl been for HOIHC and finally in net of turning; money over to member of jnry venire anil prom- ised tnoii.sn.iid dol- lars jillrtl nn on proflecuting: at- torney law- yer denies If. tacked seriously, because of their stipe- I Franklin rior information. During tho attack h'nmT every position was. heavily shelled. The imperialists numbered probably modern drilled men. The rebels were for the most pant volunteers, perhaps equal in number to the imperia.l forces. "Wanted Premier to Flee. The premier's position seemed hope- less. He was Deserted by former fol- lowers upon whose help he counted. Both Chindse arid foreign residents in Peking believed the 'dynasty was on the verge of abdication. Friends urged the premier, to capitulate; utnersj fearing his assassina'tion, endeavored to per- j sude him to take refuge in the fore'gn I concessions at Tien Tsin. Today .Yuan Shi Kai is still a man government, combining in him- self both legislative and executive powers, but it is now expected that tho men recently appointed to the Los Angeles, Xov. smirch of suspected bribery today loomed up in the trial of James B. McNamara. Eor the alleged murder of Charles Hagger- ty, a victim of the Los Angeles Times disaster. Tonight a pleased prosecu- tion and dumbfounded defense took stock of the day's work of Samuel L. Browne, chief investigator of the state, who arrested three men and stacked District Attorney D. Fredericks' desk high with yellow bills taken from their pockets in Fredericks' presence Bert H. Franklin.- a Cornier deputy United States marshal, now employed by the defense, ns an investigator, released late today on cash bail, is to appear in court tomorrow to answer to charges of bribery and at- tempted bribery, sworn to against him by Browne, while George X. Lockwood, an uiisuinmoned venireman, and C. E. White, an alleged stakeholder, botli. arrested, are at liberty, and. ac- cording to District Attorney Fred- 3ks, will appear as witnesses against dred dollars, taken from Lock wood's pockets, is declared by the prosecution to have been the first pay- ment of a sum which he was to have received if he would prevent an ad- verse verdict in the McNamara. case, and found on White was declared to be the oalance to be paid the jury were discharged. Rumors of a cabinet come tb Pekin promptly. FOUR OF THEM MliST 1IAXG AXD TWO MF.I1M HOYS AIIE GIVEN LIFE. WILD SCENE IN CHICAGO COURT AS VERDICT IS READ Chicago, Xov. 38.- Two boys and foil men were found guilty of murder in th first decree tonight for tho -killing- of truck farmer on the outskirts ot the oil four months ago. The men were son tcnced to death and the boys to life im prisonment. The four sentenced to death are: Kwnld and Frank Sommerling and Thomas Schultz. Th-.1 two sen I en cod to life imprisonment ire Frank-Kita nnd TJPO Suchromski, both 1C, years old. The victim oT the youthful thugs was Fred Gruclzow. lie was murdered while on his way from his truck farm to the Chicago market with a load of prnri- 1100. Two .of the boys had revolvers, two bad butcher knives and the others had cluhs. The evidence showed lie pleaded for life on his knees, offering the boys nil his possessions, saying1 lie bad a wife, anil baby a. month old at home. Tho an- swer of tho youths was to bent him into nnc.onpo.iouRness with the clubs, so that bis skull was frnotured, his jaw broken and his nose clubbed nearly off. "XVore Vlcilm'n Bnntn. After Oruelzow became unconscious ho was slabbed four times in the neck and his throat out. Tlie corpse was dragged Into a nenr-by thicket, a club jammed down tho "-throat and several bullets fired Into the lifeless body. Tho boys wore arrested while trying to sell some of (be booty. One of them woro tho farmer's boots. Kwald Shibnwlskl is 24 years old nnd his brother Is 21: fiommerlins1, a hrothor- In-law of Frank Sldbawlski, Is !M years old, and Sob u Hz 10 yours old. .lust beforo tho men were, taken Into tbo courtroom to bear the 'verdict, they told tbo jiillor thai should the denth pen- ally lie voted to thoni a baud of comrades were prepared to Invndo (Mo courtroom or follow to their homos those responsible for tho sentence- and roventfo the verdict. However, no disturbance save the hysterical shrieks of rolntlvos of tho doomed men Interrupted tho proceed- ings. Doomed Men Colin pic. When the verdicts wero read, ono by one, tho mon, as thoy woro named In tbo messages of death, oollnpscd nnd hnd to bo assisted It) llu-lr fells by Kunrdw, Tho life Imprisonment sentences were the lost rend, nnd the reaction which fol- lowed tho unoxpeoVd onlcr that 11f< should bo tho prlro of their crime threw Kiln, into convulsions, nnd bin companion becnmo hysterical. Tho widow of tho murdered num snt In court holding her bnbo In lap nn 1 heard tin- four men Pctiti'iicnl to give in their HVO.H to the Mtatc In return for the one I hoy had token from her, She nod ded IHT bond approvingly, then broko rdown nnd went, crylnR (lift! tho verdlol would tint restore hor husband, Tho boys wcro locked In separnln colls lontffMt, under strong tftiftt'd, A certain awe surrounds Yuan Shi Kai. The national assembly feared him and did not dare to insist upon his presence beforo it. The members preferred to leave the capital when the army rallied unexpectedly. Sent lo Front. The premier removed suspected offi- cers, encouraged others and rewarded tho soldiers with gifts of money In spitfi of the treasury's plight. He even sent Manelm U'oops away from the capital to the front, and ho is now sending reinforcements to Pukow, op- posite Nanking, as well as to Hankow and Shansi. If the premier were able to obtain a foreign loan, lie would control tho situation. opinion, however, is held that the revolution is by no means ended. The legations believe tho dynasty is saved unless the rebels succeed in ful- filling their threat to kill Yuan Shi Kai with dynamite. The premier in- formed John Jordan, tlie British ninistur. recently that he did not fear issassination. His carriage passed through the streets of Peking guarded by 25 cavalrymen. ASSAULT ON NANKING IS ONLY_HOPE OF REBELS Shanghai (by wireless from Nan- Nov. 29, a. rebels had not taken Nanking at midniglu. Desultory firing by heavy guns con-j tinned throughout the night, but the gunhoats did not take part. Evidently they are preparing for action. The great crisis in the revolution has been reached. The overwhelming de- feat nt Hanyang came to the revo- lutionists and their sympathizers south of the Yangstc unexpectedly. grand Jury investigation'to determlna where tho money came from flew thick and fast throughout the day.' No grand jury is now in session, bul a -special one me.y be called. This is not necessary so far as Franklin is con- eerncd, because his case can be care of through an information flled By the district attorney, hut if it is de- sired to reach any one not under ar- rest, an indictment is necessary. In- vestigator Browne said that no moro arrests would be made today, although earlier in the day he had predicted other more important ones. Arro.stod Holding Money. Franklin was arrester! on a street corner, in the heart of tho Los Angeles wholesple business district In' broad day-light, while one detective, dis- guised as a laborer, stood unscreened close enough to him to hear wh.at he said, and Urowne, himself sheltered by a building, was close enough with his assistants to catch the three men be- foro two of them could take their hands out of th.eir pockets after, it is alleged, they had stuffed the money into them. So with hands in their pockets they were marched to the hall of records, where the JlcXam'ara trial is staged on the eighth tloor. and District Attor- ney Fredericks greeted them at tho end of a IOUK corridor on the eleventh floor. Hands in pockets they entered his office, and when ,the hands camo out. Browne declares, the yellow bills) clung to their fingers. Twenty min- utes later two of the the venireman. and White, an ex-juror and supposed out of the swinging doors free men, hardly enough time having elapsed to allow the dictation anil signing of a state- ment, if this were done. Announce- ment that they would appear against Franklin as state's witnesses followed them out. Franklin, unperturbed, re- marked that the state would find that it was mistaken and had no case. Kneiv He Was on Pnnul. District Attorney Fredericks Insisted that L-ockwood was connected legally with the. jury from' the moment his name was drawn from the big red jury wheel last .Saturday. Fredericks holds that when tho list of names was made out last Jan- uary, every man on it became awaro that he would be summoned at somu (Continued on Page Fourteen.) (Continued on Page Three.) LANGHORNE IS FREED AND ARRESTED AGAIN Special Pispalrli 'to thf- Stnmlrml. Hi'lenu, from tlui penitentiary yesterday morning, Sam- uel Ijaiighorne Jr., former clerk lo the. secretary of the state lioanl of stocU commissioners, clinrsml with, the omfooxislcmeiH of from to from tlio cstray fund, was rear- rested on his arrival here tonlsht. Tho eomi'lalnl uRnlnst him, filed hy Kpc- ol.il I'lMHoiMitur O.eorKO Hiird. iMwiws him wllh ImvliiK fnrfnoil Iho I'lidiiraement nn u check Issued Mnirli, 17 mill, hy tho secretary of tho slock hi'iard to'xirn. C. Currier. Tho chock was drawn on the American National hunk, ami was for SS2. Last Poeomhcr, when tho exposure, of the conditions exIslliiK In the olllco of tin-, si'.-rclary of tho hoard out. confessed his gulll, pleaded Kiillly lo forgery and reeolveil a senli'iiec of one. year. Tho legislature not sallsllod with tho disposition that had boon made of tho case, aiivl appropriated money to pay the ex- penses of Kopocinl oflicials In making an investigation. Ldinghorne's arrest to-lay is a result of the activity of legislature. Some persons hero aro of the opinion that Langhorno will mako a full confession. Involving two or moro accomplices. If ho docs, It Is said a sensation will follow. Langhorno's method of proccduro was simple. containing checks iMiyahlc to owners oC osiray catllo, ho held from tho mall, extracted the. checks, forged Indorsement, ami then in load pencil Indorsed thorn again under his own naniu. When tho ehivks were returned from tho bank he erased the pencil Indorsement. Uinxhornn wrs inken from tho station hv Deputy Holla Duncan heforo Justice of tho Peace 11. O. Outhrto, Waiving a preliminary examination, do- fondant was hound ovor to await tho action of Iho district court, IJnll was fixed in Ihe sum of Jl.SOO, Ham Good- man and .laeoh Walker wc.nl on bonds and ho released.
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