The Houston Post. (Houston, Tex.), Vol. 20, No. 309, Ed. 1 Wednesday, January 18, 1905 Page: 1 of 12
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Mod 'iJi 'Ji
i i - h ' ' ?
. ... M .la-s. '
XXTD YEARNO. 300.
. HOUSTON TEXAS WEDNESDAY JANUARY 18 lOOiV
SUIITIARY OF THE NEWS
THE WEATHER: .
East .Texas Showers; wanner
In northwest portion; fresh south
winds becoming- variable.
The Jap failed to cut o(f Mletchenko'S
raiding party at Mukden.
Japan elalnif Russia's neutrality eom-
. plaint la a trick to mis tlx power In th
war. ... . " ' ..
China will take advantage of Hay; not
to a tend herself from the Russian
a barge. . .. . - -
President Joha Mitchell announced the
committees of tha Miners' convention.
Mllllonaira Piatt . waa plaoad on tha
r aland la bla suit against tha negresa
x :. fciio. . '. ". : - '. "
Adam bad tha bait of tha first day's
contest proceeding la tb Colorado legls-
'. iaiure. .
A Now Torli broker attempted to com-
mit suicide bacauaa a lost a tortuna la
. Wall street .... .. j -
Andrew Carnegie reimbursed tha atn.
dent who lost aavlnn by tha Oberll
Nledrtngbau received tha majority of
votes from tba separata ballot la tha Mls-
auurl legislature. . -
Cannon claims there will b no tariff re-
laloa thla session of congress.
- A rota will ba take on tha Bwayne Ira-
. pcachment artlclea In tha houaa today.
Aa attempt waa mad to discredit tb
. prossouuuu witnesses la tba amoot case.
' Senator Mitchell appeared to anawar
charge agaliutt him on tba floor of tba
. aenaie. ... . . - - . '..
Several commercial bodies' petition
- were road at tba Cooper-Quarles bill hear-
' lUg. ; - .. :
former Postmaster Poyua expresses
. much aurprIM that ha baa been let out
on tha ground selected by tb postmaster
V general. . . . i . .4
i TEXA3. ' ' t
. . . . ; . . ' . "
Conrad Swart ha bnea sentenced to
' ' hang at Cuero March tt.
' ' A formal order vacating the bond In tba
: Bodge ease waa mad by Federal Judge
- Burn . .-. .
Epworth League committee I aow m
South Taut looking for a permanent ta-
ampmant site. -.... "M
young nan with a fine scheme haa beea
arreatcd at New Orisaaa ror-ualug tba
' mail to defraud. Ha bad a fin schema.
la tb first legal proceeding of tb con-
test of Nicks va. Powell. Involving lb
- . Judgeship in the first dutrtot Nlckg lost
' . pout. '-'':". '
.In the present of tb legislature and
: of many cithuna of the Stale Governor
Lanbam and Llouttnunt Uovernor Nasi
' Were laauguratad for a seoond term.
5j'jt Federal Judge Bums baa mad an
) order ! pernutung' the raoaiver of the
; Houston Oil company to purchase fcen-
ator Bailey.' stock In tb. Soutbweuoru
Oil oompasy. . t v
- District 'Attoraej Imboden jaay that
)e deabre Mrs.' Webb-tluk nd ha
asked for requisition papers uovernor
: Ijanbam aays there haa beea no request
s made for such. v .... . r . . -
Very Illrld tiuslnes was trantketef lb
. althar Jious. v -'....
.-.. Tb labor prnnn bill are now under
consideration la eommlttea. :. -yi u . .
' Subeommlttae of. the bnsj flnuea
. commltiee have been announoad. (.
. . The State ptirchaalng agent make n-
" awar to the criticism ot hi department.
There ' appears to be soma sentiment
... against practicing the .virtu of antl-
. uepoUaaa - 1.
- The house Is divided on tb matr of
. . Increasing taxes Into three parties and
s tber are Indication of a lively tussle.
' r SPORT. :-
. Th book got th worst of ft at Oak
. v 1. :. land.
4 FavorKes mad a bad showing on
. last track si New Orleans. ... ( - y.
Team No. 1 won the weekly aontest ot
Xhe Inler-Turnvereln league. ...
Waswlft at prohlbltlv odd waa th
.only winning favorite at Ascot. -
Cotton closed lower after a quiet gea-
1 on. ... .1
Shipment from Argentina caused a
break In wheat prices.
' Stock followed an Irregular oours
potted with weakness.
.y Fort Worth had a good cattle run and
prices War generally steady.
Th railroad commission took up sev-
eral matters but disposed of none of
The matter of building a bridge at tha
foot of Main street may be sealed when
the Katy party comes to town.
. HOUSTON. .
John Henry Williams who "burgWd"
Ills way Into Jail "burgled" out yester.
v" The Bwaln cue went to th Jury at M
. o'clock. Out all night without a ver-
dict. " ' Probable that the-Albert Sidney Job.
": f ton statue will be placed In Carnegls
First district bankers of the State asso-
ciation convene this afternoon at I
'clock In th Elk' lodge room.
Th wan killed at th Turf was Hey.
wood fconnell Instead of Haywood Dar-
nell. He wa reared In Waoo. Probabl
preliminary . hearing today.
Application of the receiver of the
Houston OU company to lanue receivers'
certificate to purchase Bailey stock In
the Southwestern 011 company granted.
- President Watklns of the school board
submits annuil report to mayor estlmat-
Ing budget for the ensuing year at tlM.-
mis of which amount f000 will oome
from the State. Many recommendation
aa to Increased facilities. .
COMMITTEES OF MINERS
Have Been Announced by Presi-
' dent MitchelL
' " ''' (Associated Press Report)
tadlanapolls. Ind. January 17. Presl-
Bent Mitchell of th United Mine Work-
ers of America today announced tb eem-
' mlttee for th National eonrantloa now
M aeaalon. ; The National committee I
eonsUtuted as follows: "W. B. Farley
. Alabama; W. P. Haaklns Ohio; John P
White Iowa; Peter Hanraty. Indian Tar
' rltory: Patrick Ollday Central Pennsylo
ranla: T 0 Nichols tothraolt No 1;
' Herman C perry Illinois; John Boyla
Indiana! John Bowden Tennessee.
Of the H.OW.aoo spent lent year by the
srganlsutloa for the relief of strikers
t473.B7s went Into th Colorado district.
An analysis of the statement Nf paid
tnemberahlp of the orgonlsatloa show
that Iowa made the greatest gain during
the year the figure- showing an increase
' of 89.18 Dald un memberships. Missouri
came-next With a gala of 8831; Colorado
enme forward with an Increase f 4M.
The soatbwest territory made of Texas
Indian Territory Arkansas and parts of
a few other states shows a gala ot from
!( to v
Lanhanand Ileal Tock
. Oatti of Qf fice. s
HUE WORH BIBLE
Used That Has Done Service
Since 1 here Wis a State.
Promised to Do All la His Power to
Assist the Legislature
TE5 RKPONSIEILITY 1$ THEIRS
Are Ones to Enact Needed Leg-
ir. station Lieutenant Gover-
nor Neat's Remarks.
. ' (Houston Post Special.)
AutbV Texas. January H.-Oovernor
S W T. Lanhaaa and -Ustibmant Oov-
srnor Oeorg D. Nal .were today for-
mally Installed m their respective of Hew
for a eecond term. Th Inaugural cere-
mony took place at high noon In th
ball of npresMtatlgea In the presence
of a joint session of th nous and aenat.
Th lobby and galleries were filled with
visitor among them being many muri-
nes men of prominence and politician
of not from different parts ot tha Stat.
Tlfe speaker's stand waa banked with
plant and flowers '
Th ceremony waa very brief and tb
whole proceeding were finished In leu
thaw thirty minutes.
Following th convening of the two
bodies t Joint session th oommlUe ot
sena tore aad representatives met Gov-
ernor Lanham and Lieutenant Governor
Neat on the outside of the ball. The gov-
ernor entered npon'the arm ot Associate
Justice T. J. Brown of tb supreme court
followed by the lieutenant governor upon
th arm of Associate Justice Williams
of th supreme court Next came mem-
bers of the railroad commission and other
State ofOolaia followed by th oommlUe
of senators aad representatlvaa. ' -
Governor Lanham and Lieutenant Gov-
ernor Nasi ascended the speaker's stand
and Speaker F. W. Bsabury announced
that th constitutional oath would be ad-
ministered to Uovernor Lanham by Asso-
ciate Justice Bsown. In a strong voice
the oattf wag reed esetteoes by aeptapoo
by judge Brown and repeated after him
by Oovernor Lanham. At the conclusion
of this administration ot the oath Judge
Brown ald: j "I announce -to you your
governor. Oovernor Lanham"
When tb applause which greeted this
announcement . had ' subsided -. Oovernor
Lanham spoke aa follows: Gentlemen of
tb Legislature and Fellow Cltlsens: For
the seoond time I have taken tb oath
of office required of th governor of th
Stats. 1 m duly Impressed with th
obligation It Impose. . From actual ex-
perience 'know and appreciate their
full rignltlewo.. It la by th will and
authority of th peopl that I now stand
officially In your presence. ; To them I
declare my abiding allegiance. For their
confidence which wa so emphatically
expressed at th primaries and In final
convention and subsequently ratified at
tha general election I am profoundly
grateful. To merit th eontlnuanc of
that oonfldeno without abatement and
If posslbia to Increase and still mora
deserve It shall engage whatever capac-
ity I" possess. The greatest satisfaction
that can follow from filling public office
and especially th one with which I
have bean honored I that which "pro-
ceeds from the consciousness of duty
faithfully performed." With supreme
devotion to my State and people I have
endeavored to the very beet of my ability
to do my duty. Similarly Inspired I shall
oonttnu to pursue th same course. -
The magnitude of the work tlutt ties
cot before th Twenty-ninth legislature
will require the utmost wisdom and per-
sistent energy. W should promptly go
about that work with earnestness and
withhold not our hands until th task
Is finished. Th peopl hav th right to
expect result proportioned to the de-
mands. Tb ohlet responsibility tor Just
and full law devolves upon th legis-
lature and that responsibility apper-
tain not only to th aggregate body
but. to th Individual member who can
not -afford to waive or transfer his own
accountability i N
I beg to aasur you ot my desire that
cordial relation and co-operation dial)
be maintained between th legislature
and executive department ot the govern-
ment We should not forget tha rela-
tive positions they sustain to each other
and should stand ready Dot only to recog-
nise their respective funotlons but by
concerted efforts to facilitate th ob-
ject severally committed to their car.
Tba governor invokes your support and
guidance. He will reciprocate to th full
compass of his power. He Invite your
oonfldeno In all matters pertaining to
th public Interests ; you shall have his
without reserve. He sincerely hope that
what (hall be accomplished at thi legis-
lative session 'will constitute an endur-
ing monument and devotion to duty and
publlo utility. Any assistance he can
bring to such a consummation ahall be
cheerfully readily and faithfully ren-
dered. Judge Brown ' then . administered the
oath to Lieutenant Governor Nes.1 who
mad few remarks aa followa; Two
year ago 1 thanked the democracy ot
Texas for the honor conferred upon me
In my selection a lieutenant governor
of thla State. The part twryear hav
mad m better qualified than before to
hold thla honored position. I pledged you
my best effort two years ago. 1 hav
given them tor you and I now pledge
you my best efforts for the ensuing two
. Th Bible upon which the oath were
taken na served mis purpose lor every
governor and lieutenant governor in.
augurated since the days ot the republic
It wa th earns Bible t hat waa used In
the Inauguration of Oeneral Sara Hous-
ton as president of the republic' It l
somewhat worn but Is still m good con-
dition despite Its age and long usage. It
Is the property of th Texas supreme
IT 13 A RUSSIAN TRICK S
Japan Claims Kick Was to J
involve rowers. . j
g . (AaaocutMa rree tiepon.i "
' Tokio. January n. Th note of .
th Russian snvemsaent
power caning aiisauon. vno al
leged violation by China ot . her
declared neutrality which Russia S
charge na been at the lQstaocc
of Japan th raid of Lieutenant J
2 . General Mlstchenko' eelry
a southwest et Llaa Tang tb Jap.
anese claim in th deliberate la- Z
V anion of neutral territory and the
alleged violation of French' nen-
' trelltv mr vessels cf the Russian 2
S) . secoua recinc squaaron m maains v
a prolonged May at porta ot in T
' talajida of liajtasmscsj.. kava AT. Z
) ated the impresakra in - cinciai m
quartan her that Russia at try-
J ing to Involv Fneno China aad )
. other power hi th Kusso-Japaa-
ese trouble m tba Far But so J
g : tnav nussia may pe enaoiea w m
m lake nor ceteat witn greaur grace.
g A dispatch from Tokio. January
SJ It. sam inai ins Kwms wrv 9
. sharply criticising the French gov-
ernmeni ror pernuiimg 10s imis m
of the Russia second Pacllio )
aauadron to make a prolonged
- stay at Madagascar; that such ao-
t tkm wa considered little less than
hostll and that her temporising
for the purpose of rendering as-
sistanc to tha Russian vessel
must be considered a a wreaon 01
BLAMED OH LAWSON
NEW YORKER ATTEMPTS
- SUICIDE.' "
Triedvto Jump Off the Brooklyn
Bridge Because He Lost His
Fortune in Wall Street '
(Associated Press Report)
I New York.. January IT. Claiming ta
have lost hi fortune ot t0u as a re-
sult ot Thomas W. Lawson's attack upon
Wall street Interests a maa who said a
waa Frank D Austin years cf age
twice today attempted to throw himself
from the Brooklyn bridge. Ha waa pre-
vented from .Jumping by Captain D-
vaney ot th bridge police who grappled
with him and. after a long struggle m
which ba wa helped by two detective
placed JUm under arrest v Captain De-
vaney was warned that th man wa to
make aa attempt upon his life by a
pawnbroker who place of business - la
near the New York end of the bridge.
After the first attempt be wa put on s
car and sat so quietly that tba of Hear
believed he would bare no more trouble.
Suddenly however b Jumped front th
eat and waa half way across th road-
way before ' 'tha ' officers- -'vrhrtook- htm:
Their followed e'mort Woleat struggle
In which the three policemen ware hardly'
a match for him. .?';:.'.'"?' ..
1 wanted to end tt all" he told hi
captors on gi way to th polio station.
"I hav lost $80000 in Wall street all on
account ot that : : frensied financier
Thoma W. Lawson.
First Days' Contest Proceedings
Favorable to Democrats .
(Aacoclated Press Repert) v .
Denver - Cola. January IT.-At Joint
session ot the two house ot the general
assembly to take action oa th petition
filed by ex-Governor Pea body for th of-
fice of governor tb request of attorneys
for Oovernor Adama for an extension un-
til l:M o'oiock Saturday afternoon for
time to submit an answer to the charge
made la the contest papers wa granted
by a vote of M to W. By tb same vote
th legislature decided to . proceed at
once with the taking ot testimony In the
Oovernor Adam In person named J.
B. Blssell aa hi representative. Follow-
ing the announcement ot Oovernor
Adams Judge Bissell arose to address
the Joint assembly. He characterised tha
senate a a "quasi court politically di-
vided" and one before which he had no
quarrel. He disclaimed any Intention on
the part of hi client to have tha contest
delayed and emphatically declared th
contestee was ready and willing within
a reasonable time to proceed. Me moved
an adjournment until Saturday after-
noon. Attorney Waldron appearing for Oov-
ernor 1'eabody said he wished to be un-
derstood as not opposing any reasonable
request of Oovernor Adama He argued
however that th clrcumatances required
no written pleadings and while he waa
unwilling to charge the contestee with
any deliberate mention to delay tba pro-
ceedings be was clearly of th opinion
that any extension of time granted would
result In delay and prove fatal to the
cause for which the Joint session has been
called. He naked the legislative body to
deny any extension.
Both Governor Adam and his attorney
protested vigorously against any Imme-
diate action by the assembly arguing
that the proceedings would necessitate
his presence and that of his counsel and
accordingly preclude a proper and thor-
ough Investigation ot the charges riled
against htm and a satisfactory answer
there.o. - ' - '
On National Legislation at This
Session of Congress.
(Associated Pros Report.)
Washington. January IT. Speaker Can-
non was a guest of honor and th -principal
speaker at th annual banquet of
the National board ot trade tonight.
The speaker voiced hi sentiments regard-
ing th question ot tariff legislation river
And . harbor Improvement and th
amendment of the Interstate commerce
laws. He reminded his hearer that this
waa a short session of congress and th
members were to sgro on legislation
that would appropriate approximately
6S0 000000 to the public service. It the
throttle were to be opened 1100000000 more
easily could be appropriated and yet
there would be a cry for more.
Regarding the tariff question Mr Can-
non said it wo the consensus ot opinion
that It waa better to wait a year before
undertaking to revise the revenue laws.
Regarding the interstate commerce law
Mr. Cannon was Inclined to think It pos-
sible to give the country something in
the way of legal medicine that would
correct tha inequalities that now existed.
In the remaining day of congress he
added- legislation may "be enacted tntit
will tend to correct the present Inequali-
ties between th distributers and th con-
sumers. ' On the subject of rivers and harbors
Mr. Cannon satd wise provision would be
made by congress for the Improvement
Df our watervmvit and great Inland tea
o far a possible.
FIGHT IS ON
i i - if ' ' ' 1 i
ed in the House.
INCREASE IN TAXES
Proposed by Two of Thea Id
x Difference as to Hctci
To the Plan for Joint Committee to
Give Hearings on i&e Ratter
CHARGES ARE ROT
On the Plan Which Is Proposed
. by Radical Reformers Who :
..' Are Now in Minority..
(Houston Post SpeHaU '
Austin 'Texas January 17. Th first
(put In th boos aa an Important meas-
ure manifested Itself la the mderonrtent
ot polltlo at tha capltul today aad prom-
ises t be on of tb leading Issues of th
session a heated and olsaely oontovMd
legislative battle. Th split la on the
much-dlsousaed question- of taxation and
arises from'rh ajnastton "What WaaU
we do yid how shall w do RT Al-
though th TwantT-nkita kadshUura 1
but ten day old th house haa practi-
cally resohred Itself oa th taxation ques-
tion Into three parts aa follows! . . .
i. Th radical reformer who favor
a sweeping change to th taxation aye-
tetn and a substantial Increase tn the
ad valorem rat. ' ' . ;
t Th con serve tlv reformer who
favor a alight Increase m tb ad valorem
rat to be pieced out by piecemeal legis-
lation. ; v.v;. '
1 The "tand-pattors" who oppose any
advance In th ad valorem rat and hold
that revenue should be increased by re-
quiring assessor to compel property
owner to render greater values on prop.''
t rty already taxable. . r ;
The fact that th houaa la lining VP
en three proposition be earn knswa to-
day and wa largely tb result of a reso-
lufran Introduced several day ago try
Representative A M. Kennedy ot McLen-
nan providing that a Joint committee of
th house and senat be appelated that
aaVtaav atlla be referred to H and'hw 4
hold public sittings at whir an hrttr-
est be given aa opportunity to be heard.''
Tb resolution contemplated that the
Joint oommlttee after hearing all ifdet '
of tb tax question mould tram a gen-'
era! coaprehanslv bin to cover th n
tlr subject and to take the place at all
tax statutes new or th bocks and turn
It over to soma member to Introduce!
Ten members from tha bouse and flv
from the aenat war provided v .'
Thi resolution has encountered violent
eppoiltlon' Just how expensive thi op-
position la I shown by th tact that no
seoond reading waa called for and that
th resolution waa laid oa th speaker's
table whence ltd author haa never called
It up for fear It would be defeated If put
to a vote' v ' ' "A: -
la th meantim Mr. Kennedy and J. F.
Onion ot Baa Antonio who la another
leader at the radical reforater are mak-
Ing aa active canvas for th resolution
and f or t be propseltlon to rerlee th
whole taxing system of the Stat.' It I
understood they will not asek to hav
the resolution adopted until they feel
they hav an vn break with those who
opposo Its passage.
The opposition to the resolution Is two-
fold. Primarily many members cf the
bouse arc opposed to delegating to the
senate any of their rights conferred sy
th aonstltution to originate bill to pro-
vide revenue for tb Statei secondarily
many of these member and many others
are opposed to any sweeping changes In
tax laws believing that If th house un-
dertake such a tost It will stir up a
hornets' nest of such ferocity and .vl-
clousness thai the solon oould not hand1
It Thi element also argue that a
Joint committee could not do a good a
work as th regular house oommlttee on
taxation and revenue and oould dot mak
as strong a fight for Its bill when It was
finally Introduced but oould itrlng th
session out to six month by bearings
which Would ultimately be ot Uttla value
In framing th measure
th conservative reformer propose (hat
th boues enact such tax law as It can
by following put the present system
with perhaps on or two addltOuul meas-
ures by levying taxes on prjpwiy not
now taxed and by somewhat Increasing
the ad valorem rate They belle e how-
ever that the boua should prooeel very
slowly and with great 'oar aid cau-
tion and they are Inordinately opposed
to Anything Uk "convulsive taxation."
Prominent among these members I. P.ep-
resentative W. O. Williams et Krt
Worth' chairman of the commlitje on
revenue and taxation. Tuer 1 no doubt
that thla clement at present Is muctJ the
strongest of the three and this indicates
that much ot tba talk of taxation legis-
lation which ha bean traveling about the
corridor and lobble of Austin sine the
leglslatur met la merely talk. It Is Im-
possible at this Urn however to make
an accurate estimate of tha strength ot
the three division. ' ;
Th third element which oppTM ill
tax measure J headed by Repreamtit-
tlv Thomas B. Lovy of Dallas. Its
adherent take the position that an in-
crease in the ad valorem rat i not net-
saaary s th revenue can o inceaaed
by Increasing th values. They also take
th position that the Stat should econ-
omise In all departments and that the tax
rate I now a high as I Just to the clt-
lsens and corporate Intereata
While the Kennedy resolution Is tempo-
rarily an Issue It cut but little figure in
the real underlying casus belli and Is
Important now only In that the lli.o-.ip
on It If It come to a vote will t an
Indication a to the sentiment f Hie
house on the tint two taxation propvst-
tions. The third element opposed ti all
tax bills will ot course oppose the resolution.
CARNEGIE TO RESCUE
Reimbursed Students tots-
es in Bank Failure.
' (Associated Pre Report.)
Oberlln Ohio January 17.-0 rati-
fying new was received by th
students at Oberlln cotleg today
Whea President King announced at
I shape! that all afcueys which had
beea tost by tudenta through the
' failure et th CTtlaen" National
' tank which elosed u doors at th
tin ot th alleged Cbadwlck or-
geries will be paid cat pnawnta-
Uoa of their pas cooks. President
Kmg announced further that An-
drew Carnegie waa th maa who
yn Soma this.' v - .
At tb time of th bank's fallur
Mr. Carnegie's nam played eon
aplcuoua part a be ordered
2 Bat prepared of all worthy oepot-
J Hors. .Thla Hat wa accordingly
prepared and today a check waa
J recivd from Mr. Carnegie who
2 President King sUtsd whin mne-
Z pMtly figuring In tha bank's talU
are and la no wto responsible did
J tot wish to see deserving students
and ether euffer
J . Beside reimbursing th deposit
Sere Mr. Cametle reimbursed th
Young Men' Christian Association
2 to the extent ot some fciouo which
I bsd ben laid aside for a new bulld-
S Ing and which wa lost in th sains
5 failure . :. .. . ... . .
B NOW AFTER HER
IMBODEN WANTS MRS.
') DUKE ARRESTED.
Gives Sutement as to the Spe-
cific Basis (or tha Nscogdo-
f . ches County Indictment v
-' . ' - V -
'f .. . r..'v--.
" ' fflouaton Post Special.) v
Nacogdoches Texas January 17. Dis-
trict Attotncy Imboden received a mes-
gag thai moralng from tha New York
Americas wanting to know for a oertala-
tf whether or act Alio Webb Duke and
Charles T. Taylor were Indicted la thai
county for awtadllag and alas wanted to
know If requisition paper had beea asked
fqr. Following a copy at th reply
from Mr Imboden to th above aimed
paper: -.. ' - V ;" : 5'
Am very deelroul of sxtradltlng Mr.
Alio Webb Duke Am In eommuatcatlon
with governor tor requisition. Hav sent
'papers to local authorltk. . Miss Allot
Webb Is under indictment her for wla-
dllaS B. A. Blount th president ot the
Coins in rial Nstletial; blU yeturaed At
oetuber term. of district court against
AHc Webb and cUrte T. Taylor arls-
Ing out f tbelr transaction In regard
to- th Bedfleld tobaeas farm. Alio
Webb and Charles f . Taylor represented
to K. A. Bloupt that they had purchased
th Redded tobacco farm from Colonel
S.. F. B. Moras ooulstlng of 7M acres.
Mr. K. A- BJount. relying upon their
sutemeut advanced them IM00. They had
Kt. Hobb to build Uiree tenant house
aad also two large tobacco ham upon
tb property for which Mr. Hobb I short
about Itm Including tb lumber fur-
nished by Adam Csrraway. Th work
and material wen furnlehed upo the
representation ot these parties tim -nsy
owned the aald Redfled tobacco farm
when. In truth and fact Webb and Tay-
lor had been . forbidden to enter upon
th property. -They refused to pay oa
cent for th work and material furnished.
Tha laborer aad material mea worked
with kftowmdaw at th law ln wen eases.
Wiley MaruTura Imboden
'.'t. platrtct " Attorn'. '
Mrs. Duke Got Into a Cab and
. Lost Herself.
I (Houston Post Special.)
New York January ll-The extradition
warrant tor Mrs. Alloa Webb Duk.
which was expected here loon from
Texts may be delayed somewhat owing
to a misunderstanding. . District Attor-
ney Jerome expected tba papers tomor-
row morning. Oovernor Lanham of
Texas however had not received last
night any application for requisition pa-
pers from Naoogdoohaa county and had
mad none out.
Even when th paper arrive It Is not
certain that they can b erved. Mr4
Webb-Duk slipped out Of th . Union
Square hotel and Into a cab yesterday
and had disappeared before the detective
employed by th Duk family awoks to
th situation. Her present whereabout
ara not known.
Abraham Levy her couasel say she
la In this city and within ten minute
of hi office. Thar la aom reason to
believe however that ah la In Jersey
City whence she telephoned th Union
Square shortly after her departure.
Mr. Levy say Mrs. Duk will be pres-
ent at the hearing of tha habeas corpus
proceedings which are expected to free
Beodie Duke oa Thursday. He add that
Duk will b mabl to secure th n-
nulment of his marriage on th ground
ot false representation on Mrs. Duke's
part as Mr. Duk told him her history
before their marriage. As to the charg
that he married her under th Influence
of drug or liquor It t Invalidated Mr.
Lvy says by th fact that he continued
to liv with bar after sobering up. -
Brcdl L. Duke's daughter Mrs. Mabel
Ooodall ct Purham If C and Mrs.
Nathan L. Bachmana of Chattanooga
Term who are her will appear In
habeas corpus proceeding Tmtreuay It
I believed that they will take tn active
part with their brother Brodl Lawrence
Duk Jr. in attempting to secure an
annulment to their father's marrlags.
Mural Mastarsnt th Western lawyer
and mining operator who na bees men-
tioned In connection with Mrs Webb-
Duke's past tn his statement given out
at Colorado Springs say that hi shoot-
ing affray with Mrs. Webb la her New
York flat. In im. waa th result of a
quarrel over th possession of soma busi-
ness papers; that Mr. Webb shot at
him tad missed aim and that be did not
shoot tt bar ' -
Out' Since Tea O'clock
Last night .
RETURN KO VERDICT
Trial Lasted Two Days With
Wa Same u That Gfren at tie
Babeas Corpus Eearlcj:.
CART CHARACTER WITNESSES
Men Prominent in State Affairs
on Stand for tha Defense
Tb tat of Major Hugh N. Swain who
baa for th peat two day beea an trial
an tb charge at murder la the criminal
district court fas at It O'clock hut
night left la th hands ait a Jury oora-
poeed of twelv of bla fellow dttecaa.
After deliberating on th case for two
hour th jury retired for the sight with-
out agreeing on a verdict about midnight
Whea Judge Qltlaspt left th court room
shortly after delivering the charge a
requested tb clerk to call him if the
jury reached nut agreement during the
sdght stating .that he would return to
th court room. .When th jury retired
tb clerk closed up and left and It was
announced that there would) ba no ver-
dict last night i f ';'.'; '
la attendance n tha court waa a large
crowd ot spectators at both th day
aad eight sessions. . Daring hurt night s
session a larf number et ladles war
Thnbl. ' -;. - .""' "
Th hearing of tha testimony In this
can wa resumed yesterday morning
Juror Week bavins sufficiently recov-
ered after a night's rest . ta proceed
with tb trial at th oaaa. .
; At yesterday" session of tha court
many prominent man tn Stat affairs
vara called aa to giv testimony In re-
gard ta the ibis near ot the dsfendaat.
as to being a quiet law-abiding and
pes en hie oltlkes. Among some of th
prominent men who gave testimony In
behalf ct th defense were Judge R. It
dbaasaa chief justice of the supreme court
f ahkh Statei R W. rinley formerly
eordptrolleri John D. McCall formerly
comptroller: Judge W. C Wear of ICIIlo
boro Wbe wa at th last election a can-
d Ida la for attorney general; Judge A. P.
MoKlnnoa of HUlsbcro ocunty attorney!
Judge N. A Rector aa attorney of Aus-
tin Captain J. B. Lucy formerly chief
of polio et Aur.ln aad'Judgs Oeorgs
Walton aa attorney of Austin Kx-Oov-araor
Hogg wss summoned to-appear as
character witness In behalf at the de-
fense but on account et hat 111 neat be
waa unable to' kttend. i .. .
- Th defendant whea placed on th
Und In hi own behalf stated that b
bad don th hooting but that It was
dona la order to protect himself from
being killed and that at tba time the
fatal shot waa find that killed C. W.
Jones It was evident to hi mind that
Jones wa makluf for th eagle at tb
building la which th killing occurred ta
order to bava the advantage cf him.
During all of this ordeal tha wit at
Major Swain sat by his aid and listened
to th testimony of each witness very
attettlvely a also did bis mother during
th afternoon session of the court.
Whea tt was announced by tha attor-
ney for both th prosecution and th
defense that th testimony waa cloeed at
l:W o'clock yesterday afternoon th
Jurors brsathed lgh of relief aa th
end cf tb cs waa than near at band
At yesterday morning' session th
eroes-exsmlnatlon cf th witness 8. T.
Jones who had on th habeas corpus
trial appeared a a witness for th State
but on this as a witness for tb defense
wsa concluded. Ills sxamlnatlon by At-
torney Love representing the prosecu-
tion wt vary rigid it wa shown by
the witness that he with other em-
ployed Mr Love to assist In tb prose
cutlon of this esse and that ba had
guaranteed- the fee. Later be cam back
and Mated hi circumstance to Attor-
ney Love and asked that he be relieved
from hut guarantee of the fee which
waa done. Ha then aaksd that tha pri-
vate prosecution In th case be aban-
doned which Attorney Love atalad he
could not do until he had communicated
with other who bad employed him. The
witness waa then asked what hi con-
nection with the company waa now
(leaning th Insurance company of
which Major Bwaln' mother owns the
controlling Interest). He answered that
ha wa treasursr and had held that po-
sition for mor than one year. H then
stated that Mrs. W. J. Swain owned th
majority of th stock ot th Houston
Fir and Marin Insurance company. Th
witness was then asked what relation
Mr. Swain was to th defendant and In
answer he stated that she waa hi moth-
er..' H stated that be did not know ot
his own knowledg that the defendant
lived with hi mother. H wa then
asked If he had ever told Attorney Lor
or Judg Wall of th pistol C. W Jones
bad or ot the meeting Jones had With
Swain 4fe tb Saturday before tbe kill-
ing. Ha answered that he dleT"ot and
that It wa looked In hi bosom and that
be never told It because It would re-
flect on the deceased C W. Jones.
R B. JDodaoa waa next called by the
defense After stating that hi office
wa In th Mason building and that he
remembered the occasion ot this killing
be was asked If he met any on on th
stair whew ha waar going ; up Mo ' th
scene et the shooting Immediately after
(CoBtliiusd. oa Fags Seven)
$ Railroad Magnates Ears t s
; President Is in Earnest.
' Uttoa Poet Special ) a)
New York January U -The -J
Globe) ears: J. Plerpont Mormn
aad ether financier won. wnh
him control th ai.ooa mile of
F-aaUra trunk Ha and the ftocke-
fellers the Ooulda B. 11. Hwrl-
waa Jame J Mill the Moor .
S and ether who direct th deetluio
m th aggngata of more than
g Idaoo intlgs of railroad la th a
West have' been advised by an
J authority which can not be doubt- a
ed that a strong effort Is to be
2 nude to pees a railroad rat bill
a during tha press et svsslna ct eon-
gresa. Furthermore trusted repra-
2 atautlve ot these great railroad 2
controlling Interest hav becora
coavlnotd after closely watohuig J
S th cows cf event ta Washing
t ton that PrMt Roosevelt would
2 not let this railroad rata question 2
rest va If th prevailing esatl-
2 mnt ta coagresa wsr t defer 2
actio aa It.
Informally but with emphasis
S President Roosevelt ha mad
knows bis unalterable dee! re to
2 bar a bill filing the control et
2 railroad rate enacted rnto law a a
apeedlly aa possible.
NIEDRINCHAU3 GOT A MA-
JORITY In Missouri House Sufficient to
Overcome tha Hostility
in tha Senate.
- (Associated Prsee Report) '
Jefferson City Mo January 17.
Thoma K. Niedrlnghau at St. Lcuia
th republican eaucua aomlnce today re-
ceived a majority ot the veto east m
both house In eparat aeseloa for
United States senator to succeed yrsnois
M. CockrelL The vota stood as follow!
Senate-Cockrell ; Niedrlnghau IL
House Nledrtnghaee It; Cockrell Mi
Keren T; Blttlnter L
Klllott ot Jaaper voted tor hrns;
Bottch of Jaaper voted for John U Kit-
tlngeri Boh ley of St. Louis I e of Mis-
sissippi and Johnson of Pulaski were
absent. Bohley Is republican the
other two democrat.
Tomorrow the election will be ratlSxt
by both bouse In Joint session. .
" ' (Associated Trees Report) " '
India napnlla Ind. January 17. Th two
branche of the Indiana legialatur today
voted separately for United Stats sea-
Store. Senator Albtrt J Beeerldge to
succeed hlmsslf and Bepreesntatrva
Jame A. Hemenway ot Boonevllle ta
Jmweed Vice rresldent-elewt t'hsrle w.
alrhanka received tb unanimous Vnirf
of the republiean members who are in
a large majority. The minority cast
their vote for John W. Kern ef Indian-
jpolU and Benjamin F BlUvely of South
( Assoc latad Pre Report) -'
Otympla. Wash. January 17.-On -tha
first ballot tor United mat aeaator kn
th legislature the aenat aad houaa
voting separately th result wa: United
Btatss Senator : Addoclson O. roster
Tacoma ti: Charlee Sweeney Spokane
fl; Samuel Piles Seattle W John L Wil-
son Seattle Jt: Weetley L. Jones. North
Yakima I; Samuel Caagrnvs t'omeroy
I: Oeorge Turner demnirrat Spokane a
Necessary to a choice tt. (
(Associated Pre Report) 'v
' itsrrtsburg Pa. January 11. Tba two
branche ef th Pennsylvania legislature
balloted separately today for . United
States senator. Philander C. Knox who
was appointed by Oovernor Penny-
packer to succeed th late M. S. Quay
received the unanimous vote of the re-
publicans Th democratic minority cast
their vote tor Stat Senator J. K Hall.
(Associated Pre Report.) f'fr-V;
alt Lake Utah January n.-Formar
Congrrcsmaa Oeorg It. Sutherland to-
day wa elected United States senator to
succeed Thomas E. Kerens receiving thai
full republican Vote in both bouses ot
the legislature voting separately Will-
lam H. King former congressman re-
ceived the six democratic votes
: (Associated Pre Report.) ' '
Providence. R. I. January i7.-Uultd
SUte Senator Nelaoa W. Aldrlch was
earned by both house of the general
semhly for a fifth torm today by tba r
publican and Nf tlonal Committeeman
O. W Oreen of Woonsockett wa named
by th drmnnraUi Th formal election
(Associated Press Report.)
Hertford Corn. January IT. For
United State senator to auoosed Joseph
W. Hawley former Oovernor Morgan O.
Ruktey republican of thi city today
received a majority of tha votes cast In
each branch. Tbe joint session will- be
(Associated Pre Report.)
Lincoln Neb. January 17-Wltbout m
party caucus or other formality th rtr
publican In the Nebraska legislator
voted for Klmer J. Burkett for United
State senator. . -
(Associated Press Report)
Bismarck N. D.. January IT. Both
house of the North Dakota leglslatur
voted In separate session today for
United States senator. The.vot In Melt
houttc wa cast for McC umber.
' V'----" (Aaaoclattd Pre Report.) ''
Boaton Jaauary 17. United Stat Sen-
ator Lodge was re-elected tot t full term
by the Massachusetts leglslatur today
and W. Murray Crane was chosen to fill
th remainder ot Senator Hoar's term
(Associated Press Report.)
Augusta Ma. January 17-Hugen Hal'
wa re-elected to th United Stat asn-
at for a fifth term by tha Mala legls-
latuio today. - i-
Japs Failed to Cut Off the Rus-
sian Raiding Party.
(Associated Press Report) -St.
Petersburg ' January 17.-OeneraJ
Kuropatkln telegraphing yesterday to
Kmperor Nicholas reported as attempt
of a street Japanese detachment of in-
fantry cavalry and artillery to cut off
the column df Oeneral Mlstchenko' cav-
alry January M as tba latter was about
to retire northward. Tbe Japanese un-
der cover of a mist outflanked the Rus-
sians. A battle ensued th Rueelan ar-
tillery inflicting losses on the Jiipance
at short range and then reil-ii. Th
Rneslan losses were five ouiwr and
forty men killed ar wouuuiu.
-4 - a
ACTIOHS 1 .
Y( ILL TAKE A XllZ I
. av '
t:z:t SctTlceLr C
the tnuTE t:c
ented Charge t: t
tics Was I .iv:
(Associated Frew Repnrt )
Washington Jasuary 17. The u
pectacl ef a United States ;-
plaining oa the flow of t i
charges made ttaiust hiiuMlt in .
ef law In btt own Btnie we
In tbe aeaat today when sir. .
at Oregon poh ef tbe lndie-f
turd gaiat him by an Oisk h
jury. Th senator had not pu i
appeared ta tb aeaat elece ti.e I
ment waa returned and be was r
by hi fellow eeeators with mi
descea Of goed will. He waa mi
fected hi emotion at times b- i- ' -that
he read hi statement witii
Mr. Ileybura eeacluded his .
th sUtebood blU aad Mr. St w
aotlo ef a speech tomorrow ea ho
mtlou far an Investigation ct tn
at enrrupttoa la th campaigns ri
Whll th routine buslnet of lh t
tag hour wa tn progress Mr. '
entered the chamber. The anno
that Mr Mitchell would feidreee i
at In explanation ot the obanr
him bad th effect of fllllttg the t
and there also waa a liners! att.
at asaetore. Mr. Mitchell touk 1
tomary seat In tha rear at tha ris
and was Immediately mrrotT '
ether aenatora who .-..k la
warmly and gava hira
fldene t bis tnno. e -. 1'
wsa as heearty lh-t . a r
later h res to i '. v
a rim almost Inaiia.. i i
fteelt for him to pmcArd.
rstd bla statement from ma
h proceeded ha voice eleatvd and t
was tittle dlfflcuMy In K
throughout th ehambsr 1 v. .
undivided attention ef s.-'
visitor throughout hit reci5iL -tiers
almost to a man faced alw.t
Mr Mitchell hegaa to stxv 't a t
ef . them changed positions tin' i
tend. Tb Sees waa lmpiealy
Declaration of Innocence.
At th autaet the aeaator declared t
th charge mad against him it t
unfitted htm to occupy hi Mt In i
senate. He then denied the cherg-te a
saldl -v' ' '
1 assert fa the moot positive and v. -qualified
manoer that each and
on of these charges. In ao far oa t
relate to sr. lavotv mc ar tilut
urquallrledly and atrociously false a
I her and now mdlgaaatly and d-r
ly danouno their author and each
very on of them and brand them t
llcly a malicious aad atrociously fi
Following hit genera) denial with c
mor specific th senator spoke s
ttantlally aa followst "
' "But I deelr to b more tpeclf lo an '
therefore I deny kt term the most a'
olut and uaqueUHsd at which la
capable of using that I never elti
m th month of January Wnt tn Mm
Stst of Or-goa ot at any ether time er
place unlawfully er feloniously or other-
wise OOEsplred with Blnger Herman n
then eommlsswner of the general Uol
of flee and S. A. D. Putor Horace O.
MoKluley. D. W. Tarpley Kmma L. Wat-
ton Salmon B Ormsby Clark E. Lom'i
and William H. Davis or with trtther or
any of them or With any Other peri
or persona to defraud th United Bt
cut of any part ot It public lands Iocs'
llthsr In township 11 south rang T ewt
la tb Stat cf Oregon cr any other
public land either la th Stat ot Ore-
gon or Uwwher. I aesrnt turUwrmore.
la th moat sbsoiut and unqualined
mannr that any and all statements by
any person or persons that I aver at
any time or place entered into a con-
spiracy with all or any et sold persons
or they ar any of them with ma to de-
fraud th United Stat cut Ct any part
of It publlo lands la the Stale of Oregon
er elsewhere either by tales or forg. 1
homes tesd application ; afftdavlta or
proofs are absolutely unqualifiedly i
atrociously falas and I defy my de-
famert aad ohallaog them to produce
any evidence other than that et con-
demned thieves torgera and perjurers to
sustain any such charges 1. (
' - Specific Denial
4 further deny hi tba most abaci
and unqualified term that th ald
A. D. Putor did to tha oily of Wash)
ton. In March iwa or at any other t
ar place offer me or pay to. r giv n
nor did I 1st March. 1KB to Washli
D C ar at any other Ume ar p
sept or receive from said S. A. IX i
th turn of tm or any other dm
tlon or amount whatever as an
ment to aa my tnliuence wlih I
Hermann then commlsstpw t ot the
sral land ofOce to Induce lit' i e
oommlisioner ta ptaa to f"
certain homestead entrlea c - i
stesd entrlea whatever or M s
"And I hr Indignantly a
the force I can commit;
publlo statement of 8. A-
he on March W i
C paid ma $ 1 1- t
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The Houston Post. (Houston, Tex.), Vol. 20, No. 309, Ed. 1 Wednesday, January 18, 1905, newspaper, January 18, 1905; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth603173/m1/1/: accessed May 21, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .