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The Sandusky Star Journal (Newspaper) - August 26, 1911, Sandusky, Ohio THE RECORD OF "ONE OF BEST PROSECUTORS ERIE COUNTY EVER NOW A CANDIDATE FOR JUDGE-SEE PAGE 4 TODAY. THE SANDUSKY STAR-JOURNAL. YEAR SANDUSKY, OHIO, SATURDAY, AUGUST 26, 1911, LAST EDITION NUMBER 274, INNOCENT MAN FREE AT LAST LEAVES U. S. Official Report Says 28 Are Dead and Eight Others Will Nat Survive. CRUMBLING RAIL WAS CAUSE OF ACCIDENT Coroner Will Hold Inquest Over the Victims Are THE KNOWN DEAD. JOHN BEAKER, brakeman, WaveHy, N. Y. D. M. BELL, veteran, Los An- geles........ JOSEPH HICKY, address not learned. CHARLES HICKS, Newark, N. Jersey. CLARA HICKS, Newark, N. J. A. M. HUNSICKBR., Vineland, Ont. MRS. C. F. JOHNSON, Lake- wood, 0. DR. JOHNSON, Philadelphia. C. P. JOHNSON, Philadelhpia. TIMOTHY MADDEN, Trenton, N. J. E. PANGBURN, veteran, Brook- lyn. MRS. PHILLIPS, Philadelphia. HELEN POWNELL, address not MRS. HARRY SMITH, Sayre, Pa. I. S. UNCLE AND WIFE, Smith- viile. N. Y. MRS. H. H. ZOBRICK, Buffalo. MRS. EAREiARiA ZOODRICK, Philadelphia. MRS. H. ZUDEK, Philadelphia. Six unidentified women. Three unidentified men. One boy. MANCHESTER, N. Y., Aug. 26. a search of the ruins of the wrecked day ex- press on the Lehigh Valley rail- way the county and railway of- ficials agreed V1at tne death list was 28 and that of the 38 seri- ously hurt in hospitals in Canan- daigua and Rochester, not less than eight are certain to die. it has also been determined that the wreck was due directly to a defective rail which crumbled under the train. A corps of IB undertakers worked all night embalming bodies in the im- provised morgue in the basement of a country furniture store. Coroner Eiseline today said that he will hold the inquest on Monday. The wreck was one of the most dis- astrous ever recorded on the Lehigh Valley system. Crowded with passengers, many of whom were war veterans and excur- sionists from the G. A. R. encampment at Rochester, the train, made up of fourteen cars, drawn by two.big mo- gul engines was forty minutes late when it reached Rochester Junction, and from there, sped eastward to make up the time before reaching Geneva. The engines and two day coaches just passes the center of a 400- foot trestle over Canandaiqua outlet, 150 yards east of the station at Man- chester, at o'clock, when the Pullma-j car Austin, the third of the long train, 'eft-the rails. It dragged the dining car with it and two day coaches and two Pullmans in this or- der followed. All bumped over the ties a short distance when the coupling be- tween the day coach and the rear end of the diner The forward end of the train dragged the derailed Pull- man and the diner across the bridge. Then both plunged down the south embankment and rolled over. The free enfr of the ill-fated Lehigh Valtey clay coach, ip which most of the victims were shoved out Totb D tf NEW YORK, Aug. 26.-Andrew at liberty after twenty years spent in the Western penitentiary at Allegheny, Pa., for a murder he nev- er committed, has left America never to return. The picture shows him on the deck of the North-German-Lloyd steamer, Kronprinzessin, waving farewell to the land that so illy treated him Broken in health, and white with the pallor of the prison, he is going back to Congyel Falu, Austria, to spend his declining years among the loved ones he left in his strong young man- hood. Rapid Progress Made in Trial of Henry Clay Beattie, Jr., for Murder. MILKMAN'S STORY IS IMPORTANT TESTIMONY THE LATEST Saw a Man Who Looked Like Beattie at Murder Scene Before. Killing CHESTERFIELD COURT HOUSE, Aug. a spreading sycamore fee in Chesterfield court house yard :he twelve men who will decide" the fate of Henry Clay Beattie, Jr., this afternoon pawed over the blood stain- ed auto in which Beattie carried home the body of his murdered wife. The whole court was moved from the tiny court room to the lawn where the machine stood. The jury examined the car closely while the prisoner stood at the front with his foot rest- ing nonchalantly on a wheel. Throughout the examination Beattie hovered as near the jurors as possible, even conversing with them at times. The possib-ty of Beattie himself taking the stand was talked of today. The defense is nervous and troubled over the strength of the prosecution's case. Beattie and his family, how- ever, are opposed to this course. E W. Moselyn, one of the joy riders who Toth was .convicted in 1891 on a charge of murdering a man named Michael Quinn. Recently the man who had accused him confessed, on1" ls the Beattie car the his death bed in Austria, that he j night of the murder on the Midlothian hadn't told the truth. So Governor I r.oad told of seeing a car which he be- Tener pardoned Toth, or "Praying ju.eved was Seattle's standing at the AnHv" I.T _ Rl t Vlii fn n r? Ait n J.T__ as everybody called him Jn the penitentiary, because he never lost faith in the sublime justice of God, and always maintained that sooner or later the truth would be- come known and he would be freed. "All the men who convicted me who side of the road near the scene of the crime. A woman supposed to be Mrs. Beattie, he said, was standing on the left running board. W. E. Snyder, corroborated this tes- timony as did Holland Lassiter, the two accompanying Moselyn. Beattie knew they were doing "Pray- stated that he did not stop on the ing Andy" says, "wil get their punish- j road except when held up by the ment.some time. God doesn't forget i "highwayman." about people. :Ie didn't forget about Among the witnesses at the after- noon session were T. P. Pettigrew, to whom a. negro delivered the gun: N. H. Jacobs, a justice of-the peace -'of Chesterfield county; Eddie Shepardson and James Thomas, both negroes, who near the scene of the crime. AS HC ISSUE Shares With Initiative and erendum As Chief Bone Contention. CONSTITUTION MAKING f VERY MUCH DISCUSSEb Liberal Forces and Anti-Saloon League Clash Over License Feature, STAR-JOTTRXAL, BUREATT, me. True, Toth a Andrew Carnegie granted monthly pension of enough to keep him and his wife com- fortably in Austria for the rest of his life, but that cannot blot out the memories of those long days and long- i Jacobs, who was called to the Owen er nights in prison. It is no wonder home soon after the tragedy testified that there is only bitterness in heart of Andy Toth toward America, DIEGLE ON PAY-ROLL; OFFICIALS ASSAILED NO CONFERENCE HERE. that Beattie gave him a statement of ,the alleged encounter substantially as told to others. The boy had said. however, that he did not believe he i afternoon or this could identify the man who fired the said Mrs. Rodney J Diegle HP examined the victim's body i Saturday. "I have been in communication with Mr. Diegle and he told me he would arrive here late this Two Seriously Hurt and Bruised in Panic Which Fol- lowed Accident. shot tie examined the victim's body I Saturday. "He said nothing and had1 found dirt, he was not sure to me about any confer- i_t_was the bloody hair. He ence with attorneys here and I know nothing of his plans, or of any developments in the matter.' Col. Diegle, it is understood, will remain here over Sunday and will return to Columbus Monday may meet Attorney of Dayton, his per- said he had seen blood on the gun, jbut under cross examination admitted that several oersons who had been around the bloody car had handled the weapon. The negro, Thomas, whose house PEOPLE RAN ONTO TRACK ('Continued on Page 6) Racers-Stop Machines derls.Restpred After Which Race Begins Again ELGIN, 111.. Aug. as the first 10 great racers flashed past the grand stand in the first lap of tEo Elgin national cup race today, a long stretch of the western end of tbe temporary grand stand collapsed burying men, women and chil- dren in the debris. In the wild panic that followed thousands ran onto tne track in the path of the about 150 yards from where the _blood' spot was found in the road, (testified to hearing two" automobiles one after the other, then the shot. He heard no cries or tooting of horns. The Shepardson. boy, who said he liv- ed "two squares" from the scene, told of _ having heard the shot and the noise of a car starting toward town. where he Egan, sonal counsel and who. it is said, is urging a full confession. COLUMBUS, Aug. convicted of accepting a bribe Rod- ney J. Diegle, sergea nt-at-arms of The most damaging testimony of the the OMo senate- is sti11 drawing pay y was that of R .L. Snyder. dairy-' man, who swore that between sunset and dark on the night of the murder he saw an automobile similar to Beat- tie's halt at the roadside not from the scene of the crime. far from the state. TJiegle drew from the state treasury last Monday, the day before the conference with Attorney General Hogan and Prosecutor Turner at which the latter say he promised to (Continued on Page 2) THE WEATHER Forecast Fair tonight and slightly warmer Sun- Sunday, day. Temperature at 7 a. de- degrees. Hogau and Prosecuting Attorney Tur- ner, despite the denial of Diegle that he had declarec today that Diegle said he would ive them certain information by noon Monday. An attack on Judge Kinkead and Prosecutor Turner by the Athens Messenger has stirred the officials here and Turner, denouncing the publica tion, has demanded a complete retrac tion. Legal action may result. The Messenger is a republican paper bul it did not mention Attorney Genera Hogan, democrat, although both Kin kead and Turner are republicans ?Ora-scSHpb ..nggJiOhti Headed "Sold His Birthright for the editorial says in part: Standing helpless and penniless m the august presence of the court and prosecutor, he was told that a penitentiary sentence was about to be pronounced upon him. There was but one alternative, to wit- If he would write out a complete con- and implicate all the make a confession. Under the general appropriation bill, passed during Uie closing hours of the last legislative session, Diegle was allowed compensation at the rate of ?5 a day after the session as cus- todian of the senate chamber. This pay he has drawn and continues to draw. Attorney General Hogan holds he could think of, the sentence would never be pronounced upon him and he could way a free'man. "WHat-weiird yoii reader? "Would you make a confession to suit your persecutors or would you don the striped suit and tell them to go to hell? Flesh is weak and the bribe was large, so Rodney tumbled and agreed to confess, implicate oth- ers, or do any old thing these blaeS banders of the seat of justice -de- manded. There ig ,aw lsn Diegle but there is no law on the Diegle s drawing pay is not illega.i statute books to punish Judee Kin- PfT. nn-n tritit V. -r.nt-r.fnn 1 ___ -i ___ -1 Temperature one year ago to- for' convicted, he retains his Mghts as a citizen until the court pas- ses sentence. Even then, providing degrees. tos, despite the bayonets of the sol- Sun rises Sunday at a m diers and the clubs of the police, it] and sets at p. m.; rises Mon- seatence is made temporarily met- is believed only two persons were ser-l day at a. m. and sets at 6'11 fective an appeal, Diegle might iously injured p. m. (Standard Time.) The race was immediately Maximum wind velocity for 24 still lawfully remain on the state pay. by Starter Wagner but was hours ending at noon today 11 Cie.S1e. il is understood here, left as soon as the track was miles east at Saturday s nome last nisht, without mak- More than" three hundred persons! were caught and cut, bruised andf crushed in the scrambling mass of _________ j humanity which fell with the stands. j Two women- had their legs broken Agencies Have Been Gatherinq Yhil.e -auto were taking 3 the injured to the hospital and order Up Strike Breakers in New was beins restOTed the amos again lined up for the resumption of the great race. One hundred thousand persons were gathered around the ing any confession. Attorney General Strike Breakers in New York for Some Time. KILLS WIFE AND CHILDREN NEW YORK, Aug. A general strike of the railway shop men on ail the big systems is a possibility today for which railroad officials here are preparing. The great employment agencies are furnishing strike break- ers and it is reported have had hun- on the pay roll for weeks pre- paring for such an emergency. It has been learned the companies fear the "federation system" and intend if pos- sible to crush it before it spreads to the operating force. TAMPA, Fla.. Aug. It is said the Harriman lines have Anderson, a farmer residing at Kath- been repairing all rolling stock for i leen' near. this city, killed his wife EVijin course for thebiggest auto event of the year, for the famous Elgin Na- tional trophy. Florida Farmer Used Shot Gnn Exterminating Family and Kills Self. SIX NEGROES SHARE DISCOMFORTS OF CHESTERFIELD BEATTIE !ome time past and are prepared to operate, tor three months without de- pending on the repair shops. It js be- lieved the big financiers want to have a "show down'' at once as they be- lieve if the matter is delayed the or-' ganizatiou will' become too stroifg to combat, successfully. Go to San Francisco. KANSAS CITY, Aug. con- laoor officers 10 determine ncllon on the Harriman lines situation was abandoned this afternoon and five international presidents of rail- road trade unions will leave tonight for San Francisco to confer with Ju- lius Kruttschnitt, who has agreed to :onfer with them. and three children and then commit- ted suicide. Neighbors said that Anderson had a quarrel with his wife when he beat her unmercifully. Later he left home. He returned and seemed to have beea drinking and was in an ugly mood. He went into his home where the wife and three small children were togeth- er. He began another argument which resulted in the man getting the shotgun and wiping out his family. DAYTON, O., August Gebhart, 53. was instantly killed and John; Campbell, Grimes, 42, and Conrad Buck, 46, were serious- ly injured when an elevator at the Wolf Lukaswitz tobacco warehouse fell three stories. Six negroes are the prison mates of Henry Clay Beattie, Jr., in the Ches- terfield County jail, where he has been transferred from the Richmond, Va., prison now that his trial for the murder of his young wife IB nailer way. The Chesterfield jail is ft brick structure, situated "at the ex- treme rear of the court house yart. Beattie yearns for the comforts of cell he occupied back in Richmond. kead and Prosecutor Turner. Bah! Diegle, if guilty, could have demand, ed only a few paltry dollars. Kin- kead and Turner have demanded life blood, perjury, black handed villainy of poor behind the bars he goes. "A do much for his lib- erty that he would not. do for money Diegle has lost the respect of his fel- low men by placing himself in a po- sition where he must dance to any music that is desired. His masters will be satisfied with nothing but con- victing testimony. He hasn't got it he must get it. If the truth is not sufficient perjury is the only alterna- tive. Turner, in his reply, after denounc- ing the statements as lies and libel and demanding a retr.iction. tells for the first time what happened as he un- derstands it. He declares that on Aug. 1, Attorney Egan, in the at- torney general's office proposed a par- tial confession, which was rejected by both Hogan and Turner, Mrs. Annette Fitch Brewer Be- gins New dence As to Attorneys. After kidnaping Curtis Brewer, jr., twelve-year-old son of I. C. Brewer, of this city, nearly six years ago, his divorced wife, Mrs. Annette Fitch Brewer, of Jefferson, Ashtabula coun- ty, in the common pleas court Satur- day morning asked for the absolute custody of the" boy, now temporarily under the guardianship of I. F. Mack, retired editor. The father, who Is superintendent of :he, Jarecki Chemical company, will ight the object of the motion to the bitter end, according to statements made by his attorney, H. L. Peeke, Saturday morning. As a result, a strenuous and unique legal contest is expected in the local courts. Ihe fact that_Mr. Brewer recently side of the promised confession of Rodney J. Diegle, former aer- geant-at-arms of senate, arid the candidacy of Judton Harmon TOP the democratic nomination for president of the United States, no subject Is being more discussed than the. forthcoming constitu- tional convention, and the bid questions that will come up for action at that time. And of all the questkms that are proposed for "consideration next win- ter none occupies a more conspicuous place than the temperance issue and aone will cut a greater figure In the nomination and election than this vi- tal issue. Liberal leaders are openly in favor or a licensed saloon, the same as other states have at this time, especially the state of Pennsylvania, but just as much opposed to this licensed saloon is the Anti-Saloon league, which has already opened up the fight to defeat all candidates who stand on this ques- tion. big leaders of the state this week In Columbus de- clared that his friends were making a great mistake in putting too many Candidates In the field tor constitu- tional delegate from the different counties. He cited several counties where there were as many as five and married' again, is one of the reasons why the custody should be awarded o the first Mrs. Brewer, according to the motion. The divorced wife says hat Mr. Brewer now has neither the ime nor the opportunity to properly care for and educate the child. On the other hand she says that she :an take the boy to the home of her mother in Ashtabnla county, and also -decides that she has ample means for his support and education. According .to the motion, Mrs. Brew- r has been in a very nervous condi- ion. since she lost the control and ociety of the young fellow. it is aid that unless the boy is restored to her there iaigreat danger that will collapse She also qualified the needs of the boy, his interest would entrusted to physically, 'that she is better be best serve? her. It is asked that, pending the final bearing of the motion, the custody or September of tti to and license he added, wet nave oajjr'one candidate sad muster all their strength fo that one candidate, while we, the temperance people, will a divided rote. Tfii Is- sue is an Important one, and we are making a great mistake I am afraid in many counties of the The Anti-Saloon league ln the fight igainst the license is flooding ;he state with literature declaring It o be a failure in every state where It ias been adopted. Thousands of these pamphlets have been distributed in every county in the state, and they contain a very Interesting lot of data. t is charged that there are more than ,500 speakeasies in the city of Phila- elphia alone, and more than In he city of Pittsburgh, The league ete- lares" that "the presence of these peakeasies is the direct result of icense system in the state of Penn- ylvania. But while these circulars are being ent out, the liberal, league is not ios- ng any ground. Of course, this league s pretty busy just at this time with he primaries that come off on Sep- ember 5th throughout the state, but hey are finding plenty of time to answer all questions fired at them. It is said that especially in the "dry" counties of the state the liberal forces are mustering their entire strength trying to pull their candi- date through for the mayoralty ..nomi- nation, and the question of party isn't cutting a bit of figure at this time. As long as the candidates staBftitor an open saloon and the issues of the lib- eral league they are being liberally supported. The temperance question in the next constitutional convention will have many different phases ottered, and every delegate will have his own way of settling the question with the result that weeks will be spent in matter. Liberal interests do not deny that they want the temperance question submitted on a separate ballot from the constitutional cnanges which must be approved by the voters of state, and even in this matter, it is said they will, have the opposition of the Anti-Saloon league. entrusted' to her. motion will Judge Reed'Monday morning. like the initiative and referen- heard byjdum question, will furnish plenty of. difficult phases which will have to be That Judge Reed who might by the constitutional conven- tne case wall Joan-become a delegates. of the firm of Russell and Eichelber-' -1________________ ger, which represented Mrs. Brewer in j the filing of the motion, is one of the; peculiar co-incidences in the suit. Judge Reed granted tbs divorce, beard all the subsequent legal troubles of the parties, and i? thoroughly familiar with all the details. However, it is possible that ho will not pass on the i final motion in tr.o suit, as he will i leave the bench September 15. WOMAN, UPON RETURN TO HOUSE LATE AT NIGHT FINDS HER DIVORCED HUSBAND THERE Aviator Says He Netted But for Record-Break- has considerable trouble u. cater returned to her home on as. a direct result of the divorce ac- Louis-Chicago-New York air flight husband asleep in the place. Key by Victor J. Evans, of Wash- ington, the promised prize for the feat. In a statement, At wood much as Cater had been enjoined j action had a fist fight on the street, from going on the premises occupied by Mrs. Cater and her children, it made her angry and late Friday after- noon she had Cater arrested for trespassing. In mayor's court Satur- day morning, Cater admitted he had no right to enter his former wife's house but claimed he had no wrong intentions. Mayor Lehrer let Cater off with a ?5 fine. Cater is a hide and leather sales- man omployed by a local company. Two ears ago he and his wife figured in a .divorce case which had numer- ous .coropll cations and siace tha awarding of the denree to Mrs, Cater, Mrs. Cater is employed at Cedar Point. Cater insisted Saturday that it was his desire to be with his children that led him to enter the house Thursday night He said he met the children on the street and as they had no sup- per, he took them to a restaurant. Then later, he said, he had reason to believed that their mother would not! be home at all that night and at the solicitation of his eldest son, he went out to the house with them. Mrs. Cat- er, however, showed up at the late that night and she ordered Cater j and I am happy bwtuM ttet irtttt I "Out of that I have to the promoters with whom t contracted) for twenty official for allowing me to cancel last twelve stops I was contracted to make. I wanted a record for crow- country flying and I wanted to be aoto stop when I wanted to to keep on scoing when 1 wanted to. leaving Lyons, the only re- ward I have had in mind MW world mark for cross-country out i if iNEWSPAPERl ,'SPAPERf ;