The Houston Post. (Houston, Tex.), Vol. 20, No. 308, Ed. 1 Tuesday, January 17, 1905 Page: 1 of 12
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.TWELVE P.
-. r
Lra
A"
?
jttiNZ vs.r
. ED
?--? Tn
Ill
XXTIJ YEAR-NO. 8o&.
aTOUSTQI? 'TEXAUgAYANIIAJlY 17.: 190
PRICE-FIVE CENT&
lllv'l'
f i
4 '
v:
r. V
1?
suoutoof the jots
THE WEATHERvp- V j
Bait $ 'iteW f&l r . ' t'xcegt
showers tn the extreme norther.
. V;ImIEGISLATIVE:';;X
The Ml' weevil reward Is again pro-
posed .. . ..... v -;
The house committee have bats or
ganized. r. . a ' - .. " .1.
The senate had hard Urn In se-
curing a quorum. ' . ' '
The Inauguration of Laabanl and Neal
take place .today. ' . . I
The Alamo purehie bill has beta reo-
nuoendad for .passage . i
It la now proposed to establish a real
department of asrloultur t
" Thecal optlonlsta Kill push measure d
Ignetf to make prohibition prohibit. "
An effort; la to be made to check and
peculate the. miscellaneous issuance of
InjuuuUons. ; ' n
More bills designed to suppress bar-
ratry and th damage ault industry have
been Introduced. . - V
Mr. Onion woul4 compel the railroads
by statutes to give passes to legislators
and other 8tate officials. - - -.
' An effort hi. being made to ihawe th
coal mines maae eater lor me
man. It meeti with opposlUon.
The work on the appropriation bill la
to be proceeded with on the baela that
there will be an Inoraaae In the ad
Valorem tax rate. ' . v ..:
WAR.
' ' Oeneral KogT formally entered ort
; Arthur with hla armr. . k
" Raaaia and Japan bae iTn to-aa
exchange of priaonera . . . ..
Secretary Hay again warned CWna to
- beerve etrict heutriUlty. y . . .t r.
'- '. The Japaneee are gattQig actlr all
: along the .Une at Mukden.
Oeberal rturopatkln elalma the Jap
tore were ournea at' unaow.
- " The Kanaaa legtalatura will aak Burton
to resign. ... ... -.( .. . ;
The aenatortal contaat nag atirrad Mla-
goori to (ever beat. v ;
Mr. Duke dleappeared auddenljr from
; net hotel in IJew York. 4 j ;
Twenty miner are cut off from escape
. by a fir In tbe mine ahaft. r
J A gift to a Maaeaohtmctta town placed
' a burden of taxation on 1U
New Tork fa'mblera have decided that
; ' Jerome baa the beat of thank :
1 Tbe atook yard fir at Chicago ta atlU
' . beyond oontroV after thirty-two hour.
One killed and thirteen injured waa the
pvu't of a wreck an the Santa Fa at
Deruy. -..' .
- The Mine Worker' convention at.Ib-
dlanapolla baa aome bard problem 10
: galve . v j
" Rooeevelt announced he will cohanlt
the South in the fufurefld.agaktna; ap-
oe Di. ixiuia orewenea may awe xneir
ehartera for contributing to the ' oanv
palgn fund.
The Vlaaourl aenate oommittee found
fledrlnghau had failed to make a prop-
er gtatement an campaign fund. v
t t WASHINGTON
Detalla of the Bwayne pa were dla
uaaed hi tn booae.' r - 'T-
Aaahrtant ahoretary of tlt ' Trinr f
Annairoag la to raaign. . .
The nipreme court decided to give Sen-
ator Burton a new trial. 1
Simmon and Heyburn urged aeparat
t gtatehood In the aenate.
A Judge of the aupreme court of Ctah
teatRitrd In the Brooot caae.
Bacon of Milwaukee wa heard by the
enat oommittee on rebate.
Watchorn 1 to Mcceed William aa
commtaaloner of Immigration.
- Hearat waa heard on rate making; by
the house committee on Interstate com-
merce i
Burleson' cotton ataflailrs bill will b
pushed In the aenate. hating passed th
houae. ' -
A motion waa fIWi - In .the' lupram
court to advance the lAkc. Michigan
Southern oaae.
v. Congressman Benll has Intereetad hlnv
aelf In the caae of Postmaster Pogue
dlamlaaed from th aervlc reocntly.
"texasT
(
Fire destroyed business houses at Kl
Campo.
Printing press feeders are on strike at
Italian for more money.
A Beaumont trading oompany has been
chartered to do a mining business.
The supreme court holds that the ver-
dict of a ooroner la not admissible in a
civil suit.
Tbe motion to reinstate tbe O'Connor
ault at San Antonio waa refused. An ap-
peal wasaken.
A State humane society has been or-
ganised and W. W. Dexter of Houston
elected president.
Sherman Calhoun recently shot near
Buna Ilea in a critical condition In a
Beaumont hospital.
It Is believed that D. T. Averltt living
near Cold Springs was murdered and
robbed. The body has been found.
It la held by the district court of Jef-
ferson county that the county attorney
lias no rights In the recorder's court.
COMMERCIAL.
' After a firm opening wheat prices
closed at a loss.
Prices were higher at Fort Worth and
the market active.
A lively market and advances were
found in the stock pit.
Knowledge that cotton is being held dis-
counts th reports of small receipts.
RAILROADS.
It Is again rumored that the Trinity
and Brasos Valley will build Into Hous-
ton. Senator Newlands allege that th con-
. greesmen are not controlled by tbe rail-
road intluenoe.
Victoria business men will contest the
merging of the Macaroni line Into th
Southern Paciflo system. .
HOUSTON.
Haywood Darnell of Waco shot and
killed in front of a saloon on Main str at.
Jack Parker later arrested and .makes
' Statement stating that Darnell had
threatened blm. ... ..
Hon. Thomas Ball returned from Wash-
ington! Expects half a million for the
(hip channel project but outlook for th
Federal building not favorable this -alon.
'
Tr.' 8. F. Blley leave to attend N-
ttonat convention of Baptist In New
Tork. v . .. . .-.. v -.
. President Bonner of the Business
League received a letter from Secretary
Vitj3iH nf the Galveston chamber ef
N eommero. offering to pay half th ex-
pense of brinclng United State Imntl-
Ba
Tatlon Commissioner Sanrent here. Mr.
augherty wire an urgent invitation to
Baraenfe
Officers of the city detective depart-
. 'taont break up what appears tk ue a
band of organised burglar. . vt
Tbe Swain cas entered Into In the
' arlmlnal court. Jury eectrred and taking
- of State' testimony closed. Night ses-
sion .waa adjourned) swing to Ulneee of
" juror ...' . - "
Mr. Sy V. ClarlL member of the''clty
Khool board resigns. President Watkin
aubmlta recommendations among: them
one to th effect that the board has no
' authortty to employ teacher at Bay-
land orphan bom. " ... i-x
la Ifeoari Ovef Seiutorial Contest and Lesh-
c-fnYestotion
. Jf:
CHARGE OF BRIBERY
CUimed Nkdrhghaas Tried to
Buy Vote. " c
THE CODTTEE REPORTS
Scaitc Sos' allied Qatgts and the
y Eotue Exonerated ElniT
135 TWO STATEMENTS HADE
i
Nicdfinghaus ' Detued ' Bribery
' 'Kertni Declared Hit Recep-
V-"- : tioo Was His Affair.;- ; :
; t (Aasoelated Pre Report.) ' . A .
St Louie Januar lt-lnUrat In the
senatorial situation Is at fever heat to-
bfght tb la St. louls and Jefferaon
City on. the are. of the balloting n the
legislature Jot a successor to United
Stats Senator Francis M. CockreU The
recent Investigation bar by th two leg-
islative esmmiuee into the Charge of
Representative Grace tha local brewer
had'oontribited largely to the Stat cam-
paign fund In violation of the corrupt
practices act followed by tbe story ef a
dinner held at tbe borne of R. C. Kerens
on Saturday night at which It was said
plans were formulated to defeat Thomas
K. Htedrlnghaaa the caucus . nominee
and strengthen the force of Karens
who was one of the candidates defeated
in the canons has stirred the political
firmament m Missouri to a vast extant.
Tbe senate Investigating committee con-
tinued taking testimony today at Jeffer-
aon City "regarding the contribution of
campaign funds and Representative Cook
oi. Howell testified that as attempt bad
been made to buy his caucus vote add-
bit aew phaae to the already eompU-
cated senatorial situation. Representative
Cook who said he voted in th eauens
for. Ik C. Kerens said today that two
attempts were made to purchas hi vote
for Mr. Nledrlnsbao. . 'He declared that
P. Milbeok ef Weef- PIJba ted"
mad. the advances to him. swing be
eame dlreot . from the headquarter f
h republican State committee In St
Ixmla. where he bad talked With Mr.
Nledrlnghatis the chairman. In an in-
terview today Mr. Nledrlnghau denied
that either Hatlenbeck or any other per-
son 'bad any authority to make any
representations on his pert and said
further: . " .' .
"I made bo promises or pledge of any
kind to anybody either before or after
the senatorial caucus." '
Mr. Nledrlnghaue said... tonight to a
representative of the Associated Press
that be did not wish to be interviewed
concerning the senatorial contest at Jef-
ferson City in any manner. Mr. Kerens
however declared it to be bis purpose to
make a statement over but signature aa
bad ben his custom from tun to time
previous to the meeting of th legisla-
ture and during his senatorial campaign
and also srnoa th caucus tn order that
his position may not be misrepresented
or misunderstood.
. "The statement I propose to mnke
will itot be forthcoming tor some days'
he said. 'With respect to entertainments
at hi home Mr. Kerens said It was but
privilege to have these and to entertain
whomever and whenever he pleased. "A
man's home is his castle" be said
"whether It be a log cabin or a palace."
Mr. Kerens said: "I have kept open
house ever since I have lived In St. Louts
now nearly thirty years. Friends are al-
ways welcome and I am glad to say visit
me tn goodly numbers at all tunes and
this should not be a subject of publica-
tion." IMPROPER STATEMENT.
Committee Sustained Clhtrget
Against Niedringnaus.
(Associated Press tteport.)
Jefferson City Mo. January 16. The
senate committee that baa Investigated
the charges that a contribution to ths
State campaign fund of ta.WO credited
to Chairman Thomas K. Nledrlnghaue of
the republican State central oommittee
was contributed by St. Louis brewers
to Influence legislation made a partial
report to the aenate this evening and
asked further time to pursue Its Inves-
tigation. Th report finds that Nledrlng-
haue slid not contribute the 01000 at-
tributed to him. The report was signed
by tbe full oommittee.
After reciting the testimony the com-
mute made the following findings:
L That th Hon. Thomas K. Kledrlng-
ha ua was the ohalrman and acting treas-
urer of th republican Stat com palgn
committee of the State of Missouri In the
campaign of IMi and that be kept no
separata bank account of the funds re-
ceived by him but deposited tbe sera a
to hla personal erehlt and In hi personal
account fa the National Bank of Com-
merce) In the city of St. Louis.
1 That ths said Thomas K. Nledrlng-
kaus on December t IKK filed with the
recorder of deed for th city 6f St. Louis
atatement verified by hi atfdlvalt pur-
porting to set forth an account of th re-
ceipt and disbursement of said commit-
tee during said campaign of 1104 and that
said verified statement contain an Item
setting forth among tbe receipts of said
committee a contribution to said commit-
tee of tn.B7.ll for Mr. Nledrlnghau. - '
t. Tour committee further finds that
Thorns Kt Nledtlngbani a acting treas-
urer of the republican campaign commit
tee did not file a complete statement of
receipts of his committee In tald. Stat'
camp Ign as required by law. '
. W find that Thomaa Ntedrmghsus
did not contribute th full faavf fa
of Niedringnaus.1
ie)aHoo
TAXES INCREASED
I By the" Gifts Made to a
- ; '.Town... r t ' t
I Ifethiien Mass.. January "It- J
JEdward F. Bearles once a poor
a 'carpfrrter- hut now the widower of I
Mrs. Mark Hopkins say he has
v least oooM6i ahd baa tmi
barrassed- this little tow with a a
gift of oooooe high school bulleV. J
lng the finest in the country. 1- o
though there;are only lghty-tiv $
pupua. i.i--v.f tfw.;s a.
Archltecturuljy the building la a'
delight And Jts furpeee caused
much' epecalatlori . while " H' was
being built Mr. Bearles explained
the mystery by glvlnf It to' tb
town i and at hi own ' exDense
equipping It with costly appttanos. S
Th town . had ' to" accept It. aa
nearle"who I childless and with- !
out aa hen- ha several rim' tai'
tlmated that' he win leave his en-.' S
ttr estate to this munlctpalltr Aa 'f
achf new building; ba gtvea to tha 2
tow requires support taxation ta'
high 'and the villagers have to 2
scratch to raiae-money. But they ' J
donf dare to affront Seariea so 2
J they take ' his expensive and eX- .'J
3 pense -entailing gifts without " an 2
J audible murmnr.' The pobito' n-"
brary wKleh cost'se0 n burns 'S
2 vmor eoal'tban" the rest of th ;
town put together ta a -specimen ' S
2 of thl embsrrasament of riches ' J
. stearic ah ftot spend hla money 2
2 slt McumaJates too fast . -:
Jerome'aStegsatNew Tori Proved
'Verytfiective.
UNDER THE POWUNG LAW
Gamblers Decided District At-
torney Has a Weapon They
Can Not Escape.
V"l ' tAsoelatad. Pre Report) ; 7
KeW Tork January (.-Fallowing the
urrender to District Attorney Jerome
today uf the ' gambling 'Outfit belonging
to Frank FarreU -''Dave" Johnson and
Frank McDougal' It' ' wa decided by
counsel for the gamblers that Jerome
had closed every gambling house In
New York city and that they would re-
main closed The lnatnunent which
made such effectual action posslbl waa.
dhwlosed by tbe lawyer Daniel O'Reilly '
repreeenUng the gamblera to .be the
Uowllng law enacted at tha request of
Jerome when he waa trying to Indue
Jeaee. Lewtsbon to testify against Can-
field Tha law exempts from any pun-
ishment any gambler who give (vldano
against himself to. the district attorney
but compels blm to give such evidence
O'Reilly said: "There will be no gambling
houses In this olty. The Dowllng act
has given the district attorney a weapon
which he has used to' clone effectually
every place In the city. That they will
not reopen to shown by th surrender of
all gambling paraphernalia. .They can
not afford to buy more every time the
district attorney take a notion to make
a raid. Another Important ant which
would Indicate that there Wquli be no
more gambling I that If th men who
have surrendered their gambling ap-
paratus should begin gambling again
the district attorney could bring charge
not only against them but their em-
ployers and their patrons. He says be
will do this."
iaeoeoaoeoo
B7.il to th republican State earn palgn
fund but that SUM of said amount was
contributed by- the Anheuser-Busch
Brewing association unconditionally and
Inter POOO by Adolphus Busch with th
understanding that the sums were to be
refunded to said contributors In the
event lhat aald amounts could be pro-
cured from the republican National com-
mittee but for the repayment of such
sums Mr. Nledrlnghau was In no wis
personally liable.
t. That the Anheuser-Busch Brewing
association of St Louis Is a corporation
engaged In the manufacture and sale of
beer In tbe Bute of Missouri and that
said corporation on the 17th day of Oc-
tober 1904 contributed to. and the said
Thomas K. Nledrlnghaue received from
said corporation at a contribution to the
campaign fund' of said oommittee the
sum ok tttOO and that neither said con-
tribution or the name of auch contributor
la sst forth In the statement filed by tbe
said Thomas K. Nledrlnghau.
(. Tour oommittee finds that Otto
Htelfel guaranteed to and promised to
pay to Thomas K. Nldrlnghau on de-
mand the sum of SUM and this fact to
admitted and aald money on the
strength of said guarantee by Slelfei.
was advanced by Nledrlnghau aa acting
treasurer who failed to show the tact In
his statement of campaign receipts.
1. Tour oommittee further report that
no direct evidence has been furnished to
show that contribution to th But
campaign fund by Adolphus Buach the
Anheuser-Busch Brewing company or
Otto Stelfel were tor the purpose of In-
fluencing legislation in tbe Missouri gen-
eral assembly.
I. Your committee reports further
that touching the question of Federal
patronage and Its Kitluenoa In the recent
senatorial contest it Is not yet ready
to report for the reason that ta the time
Slven us up to this date we have not
ad an opportunity to get -thoroughly
into that branch ef the Investigation.
Nor has the committee been able to thle
date to undertak to raveetigate tha vari-
ous Stat committees as ordered to do
by tbe rssoluttoa Introduced In the aenate
by Senator Clark and adopted by the sen
ate on rrmey January u ana we there-
fore snbatit this parteal report and ask
for further time ta com Diet the Investi
gation which we will proceed without de-
lay t dq aolll otherwise directed by the
.senate t i.V . .-'- . sm .'
elasoeooooioo
' ' . V-.-v ' ' 'V '"jtV - '2
IS "-'a - v fx-' r-lTisss 2 2
m -. s- 1 . ;x TK'.. -Ami v s--OS VI
5 V t - " 'Vi - ; -
2
BURGLAR BAND
-jro
Has Been Rtm to Earth By.tfae Qtf
Detectivese
f
r:.
pmEAPlUVASTEEaEW
I i - '-
f
By Finding One In Possession of
Negro They Hava Located ('
;; yaluabk .sPippertf .
Th offtoera of the city deteoUv depart-
ment have during the past few days
after working day and ntaht en the cask
broken up what appear to have been
a thoroughly organised band of -burglar
and thieve eight negroes all told hav-
ing be) arrested though warrants up
to the present time have been teased
against only three of them.' They hare
traced down and located several waajaei-
load oLmtrehaadto taken from box oars
In th yards of tbe Missouri Kanaaa and
Texas railway yard and. In addition;
have found and recovered property taken
from two tailor shop in th Fifth ward
three stands In tha city asarket and from
a store on Franklin street asar the aew
bank building which too' was burglar-
ised om time ago.
Tn entire detective force Messrs.
Smith and Von Murphy and Kessler to-
gether with Chief nils hare worked on
tbe case though most of th arrests were
mad by Smith and Voasv aad they first
secured th elw. v
It was hi a peculiar ma riper that these
officers first scented that they were on
a warm trail. Coming; up Preston street
on night they saw negro standing tn
an open space between a couple of atore
and mad htm give an account of him-
self which waa not satisfactory. They
then searched htm and finding a pine-
apple In his pocket' at one connected
him with some of th fruit-stand bur-
glaries. ' Be waa locked up on a Charge of
vagrancy and later put through the third
degree.
He oonfeased. It Is alleged and Im-
plicated many other negroes and then
told of the Katy burglaries the tailor
hop burglaries th market stand bur-
glaries and. vTher th property could
be found who bad hauled It and the
like. All these parties were located and
after aloe questioning they admitted
th truth of the first negro's state-
ments and some of them were turned
loo it being found that they did not
bav any criminal aonnectlon with tbe
case white other were kept locked up
and warrant war sworn out yesterday
a follows aom of ths complaint being
mad In th court of Judge Matthew
and torn before Judge MoDonald: Jim
Bird three caae of burglary and three
of felony theft; J aha Henry Williams
six ease of burglary and ftv of felony
thefts Milton Lockett five esses of bur-
glary and nve of felony theft
All told th officer have recovered
nearly Hoot worth of property and th
chief affle at the station ha the ap-
pearance of a general country store.
There "are eggs butter cigars smoking
and chewing tobaoos clothing and the
like while many case of goods havs
been returned to th railway oompany.
There were four ear burglarised and
a sack of pacaas thirty-three hams box
of raisins bog ef ettron ease of choco-
late sack - eon taming M pound of
bacon two boxes of prunes two boxes of
smoking tobacco and seven boxes of
chewing tobacco were among the lot
stoteo all of which ha been recovered
and returned.
Th off toss during their search for
th ssotea property and during' their In-
terrogations of ths negroes become
firmly oonvroced that th negroes were
thoroughly organised band and that
there were among them 'those who com-
mitted th gurilaris end secured the)
goods thos who hauled It and . aid K
COKHflONS HAVE CHANCED AND TEXAS LAWS
LAWS'
oMMaoeatacaooestMeooooootsstssosoo
aa and fhoae who disposed of it for
tfsjf caah.jthaesisg .up'.wklf aH ''the
othrs. Tk'uV basey thnt. tttuf opera-
tfcns have' covered a period of several
taontba jmd that to thera oan be laid
many. If not all of th numerous bur
llarles that bavs taken place Iq thaolty
daring th past twelve months and they
l sop inrouga tneae great to put a stop
I t honswbraaltliig. '. vi ....
To 4Ve Neutral" Powers from
; Becoming Involved An In'
. quiry Ordered at Pekin.
" (Associated Press Report.) ' ' "
Washington January 1. -China's ; at-'
tsntlon has again been Indirectly Invite
by the American government to tbe
necessity for a faithful maintenance of
her neutrality not only In her personal
Interests but in th lntereata of ths
world's pesos! Secretary Hay on receipt
of the full text of Count Lamsdorffa
not expressing Russia's belief that'
China's neutrality had been repeatedly'
violated today prepared Instructions for1
the American charge at Pekin directing
blm to make Inquiry of tha Peklit gov-
ernment retarding th situation. '
It to specifically declared this action
can not In any way be construed aa
meaning that this government assume
responsibility for tho charges made by
Russia. Indeed this government has re-
ceived no Information through It rupre-
sentatlvea that the Chinese are violat-
ing the rules of neutrals. Nevertheless
la view of Russia's expressed anxiety
ever the situation In China which her
Investigation discloses the American
government Is ready to do what It can
to save China and the other neutral
powers from ths fear-resvchlng complica-
tions which It Is feared would follow
an extension to Chinese territory of the
son of hostilities. Thl Is ths second
tyme Seoretury Hay In a friendly spirit
bat urged on China the Importance of
strict neutrality of her people.
Ths text of the Russian nnts Is re-
garded a confidential and for this rea-
son the state department haa not mads
It public I
In a oonversstlonf1 tonight Mr. Taka-
htra the Japanese mlnlater reiterated
that tho Jupanese desired and Intended
If possible to adhere strictly tv her agree-
ment to respect China's neutrality
"But" hs added "If ths Russian gen-
erate Invade Mongolia under these cir-
cumstances our oommandsrs oould
hardly be expected to refuse the Invi-
tation." I
ASK BURTON TO RESIGN.
Resolution Introduced Into the
Kanm Legislature.
1. (Associated Press Report.)
Topeka Kan. January 10.-A reaolutHn
taking Senator Burton to resign was In-
troduced In the house and Semite today
Clarence' Lelaad a republican was tho
author of the resolution. The matter will
em up for consideration tomorrow. An
effort will U mad to table It on th
ground that Senator Burton la before
th courts and not a subject for leglsli-
Ktlvs aflm - The 1-l.nil nwilnllnn m.
Site th decision Of th aupreme oourt
today In the case of Burton has nearly
deprived Burton of hla usefulness to
Kanaaa In the United States senate. It
Is by no means oertaln that the resolu-
tion will pass tomorrow but a determined
eSort will be made by Burton's enemies
to force It through. . '
' ' (Associated Press Report.)
Salt Lake City Utah January it -The
first presidency of tho Mormon church
today mailed formal And posltlvs In-
trucrlona to presidents of States bish-
op and . superintendent of "classes In
rellem. forbidding tho further teaching
ef polygamy as a doctrine of the church.
Recently there bee been' a strong agita-
tion aaiBt- In atastto. -
-.'"-''- ' -
ARE AKOEJIT. " !
am
I sj TT 1
GET. NEW .TRIAL
Supreme Court Decision la Senator
Barton Case. ' '
IwiTHok jtalCIION
St.. Louia Verdict Reversed on
Ground that Burton Received
Checks In Washington
'(Associated Press Report) 1
Washington January U.Th eaae of
Senator J. R. Burton wa decided by th
suprMn court of thetunlted But tederi
dismissing th Writ of certiorari to' th'
circuit oourt of appeals for th Eight
circuit and reversing the verdict of tbe
district oourt for the Eastern district of
Missouri on' tb ground that th pay
menteto Burton war mad lit" Washing'
ton. Th district court was therefore
reversed and th case remanded for
new trial.
Ths opinion wa banded down by Jus-
tics Peckham. Th oourt says:
Upon tho oueotlo of th oonstruotloa
of the statute upon which thl indict
meat was framed a majority of th court
(Mr. Justice ' Harlan Mr. Juatloa Browa
Mr. Justice McKenaa Mr. Justice Holmes
and Mr. Juatlcs Day concurring) era of
th opinion that th facta alleged In th
Indictment ahow a case that ta covered
by tha provisions of th statute white
th chief juatle. Mr. Justlo Brewer Mr.
Justice White and th writer or thl opin-
ion dissent from that view and are of
opinion that the ststut doe not cover
the case aa alleged m th Indictment
Assuming that the statut applies to
ths facts stated In the Indictment a fur-'
ther question arises on the general mer-
its of the case whether there wa suffi-
cient evidence of guilt to be ubmltted to
tie Jury and a majority of th oourt (th
same justice concurring) a of opinion
ther was. Th mm minority dissent
from that view and are of opinion thr
was no evidence whatever upon which
to found a verdict for oonvlotlon. s
As to the sixth seventh eighth and
ninth counta of the Indictment the court
finds that the averment where the dif-
ferent checks were received and paid
wsre not true. The checks were received
In Washington Indorsed by Senator
Burton and deposited In the Rlgga Na-
tional bank in this city. This constituted
a payment in Washington and not tn Ht.
Louis where the checks were afterward
paid by tho Commonwealth Trust com-
pany and the decision state that the
court In Missouri had no jurisdiction to
try ths offenses set forth In these oounte
of th Indictment already referred to.
There wa no question that uch wa ths
fuel and It was error to submit th mat
ter to the jury to find some other fast
not supported
D
y any evidence.
The uurton cess
t
rew out of a charge
cf violation of the United States statutes
making It a criminal offense for senators
or representative to receive money for
NpresentlnsT elaiments or others In pro-
ceedings against the government In prose-
cuting their coses. Burton wa charged
with taking a fee after be bad been
elected to the United States senate as the
attorney ef the Rlalto Oraln company of
St Louis to resist a fraud order which
wss about to be Issued by th poat-
offlcs d partment
The Federal court foufld him guilty end
sentenced him to pay a fin of tivn and
to serve a term of six months la prison.
EXONERATE CANDIDATE.
House Committee Report the
Niedringnaus Charges.
' (Associated Free Report.)
Jefferaon City Mo. January lf.-Tlw
republican members of th bouee fnv-
tlgatlng committee presented a majority
report tonight respecting the campaign
fund contributions and It will be sub-
mitted to the house nf representatives
tomorrow.' It Is stated the report ex-
onerates Nledrlnxheue. .
A minority report will also be filed by
th democrat! member' tat the eenunlt-
tov v . . -
ARE AK&EHT.
STATETdESTEDIN SVjV I GA:
T.Iap AdbiiUi t'ACcurt Mall j .c. I.
KmKa cf Scene cf SL::! :.
1 To ReconcUetbe South for
2 - Washington Incident.
Kw Tork. January l.A pc
elal to the Time from Washington
ton' ay:;rr :"':;t ."""'."
'! am opposed to any legislation
a cutUng down the repreaentatkm of
th Southern State ta congreee and
th electoral -mltegV ald Presi-
dent Roosevelt to . Judg Tbotna
a. Jones' ex-governor of Alabama.
. The preewenr oeciareiiou wao
mad tn th most Hat-footed man- '- J
ner and It pubUcattoo la exptoted o
to put an and to all talk ef .what t
I .called ' Crumpackerlng th i
Buutb.- " 3
President Rooeevelt distressed th
Judge Jonee. and wM him he .wsa
:eorry . that ' the Doutbern people
l -.1 klM Tk.
alluded to and the president said
.that affair had been-eat! rely mis-
interpreted. -
Judse Jowee told htm that th
mlslntsrpretattoa wa ao complete
tiutt In many part of the South
believed to be in favor of
amalgtunatloa ef the races a mls-
1 conception which was shared by
Sthe necrose. The president said
that such an Idea was preposter
us.- - - ' f . ...
I The president Intends to consult . J
J democrats la th rssutk In regard X
to appelntmenta and other . met f
tens affecting that region. . Hla J
S "relsr" system -as U Is called J
there to not working as well as - Z
a bad bee xptdt ...!' -; .t
raEEliS
"4 lil 4
Oeneral Roct Elarchei jap Troops
" ' .Info Port tffatt"
S10ESSEL WAS CRITICISED
By His Army Who Claimed tha
Surrender Waa Unnecessary
Officers Opposed'' Steji;.- ..
' - (Associated lijs1s-xirt1 "
iiisdqunrters ef tB Third ''Jpmtee-
Army at Port Arthur January 11 via
Tien Talti. January U. Th victorious
Japanese army yesterday formally on-
tend Port Arthur. Oeneral Nog! With
hi staa entered first the old town and
took' his stand In the publlo square of
th newttown. Th amy wa topr.
anted by one regiment front each brig-
ade. Th procession which waa Sv
mile long was three hour passing the
salullng base after which' th troop
passed out of the olty through th new
town Th correspondents then visited
the eaptured city' for tha 11 rat time. The
old town building were badly smashed
by shells but In the aew town the dam-
age waa slight. All ths hlpptng ltl th
harbor was badly damaged by shell Sre
th warships being nraatloxlly amiss
owing to the tnjurte tlury had sustained.
Proposals for th urrnder of Port
Arthur were flrst mad December S) at A
council of war.. Oeneral Btoeesel was. la
favor of surrender bat some of his gen.
srsl officers were bitterly opposed to It
The regimental officers and the troops
wsr not consulted. Tha first they beard
of the surrender waa oa January t after
Oeneral Stoessel bad ootamun tested with
the Japan see. . Th scone following th
news of tha surrender were disgraceful.
Drunken soldiers Sited th street and
refused to obey their officers. Many of
them destroyed (una poa th poettlon
they bad defended and came into the
city without permission. They loudly
protested that th fortress had been
give away.' They threw their rifle' and
ammunition into th harbor and proceed-
d to break Into warehouse end loot
and drink vodka until kt a helpless con-
dition. . ' ' - .... ...
It wss evident that the surrender wsa
not necessary ss there were flM ef-'
fertlve men In tha fortress. The supply'
of ammunition was short but It was not
exhausted Food wss scarce but private
stores were not requisitioned by tbe mili-
tary. There waa no difficulty In getting
good meals In the olty even now that
trie stores are In private possession A
portion of ths fortress waa capable ot
defense for months longer. It was the.
opinion of the nnncomoatsnts at Port Ar-'
thur that the surrender waa unnecessary
ss the tr.mps were able and willing to
fight to th hi ter end. Oeneral Bio asset
was much blamed for what was oharae
tensed aa a disgraceful conclusion of a
splendid defense which ended with th.
death ot Msjor Oeneral Kondratcnko
who was loved hy ths soldiers and was
the life of the defenat. Funeral service
were held today In honor of the Japa-
nese dead on the plains north of the
city. A shrine was srsatsd on th crest
of s small hill and the troops formed .
circle around it. Oeneral Xogt and Ma
staff were present. Lunch wsa serve
afterwsrd In tha open to all of tbe of-
Sf leers present. It Waa a splendid speo
tacie. 1 g i 1 .t ' .'
TO TERMINATE THE WAR.
European Labor Unions Propose
a General Strike.
(Associated Press Report.)
Barcelona January It A carton meth-
od for terminating th Russia-Japan war
was Initiated at a meeting here today.
Delegatee representing M- labor and
other societies tolf-iraphed to th Inter-
national antl-mllltary committee of Hol-
land demanding that a general strike be
proclaimed tn all countries with tbe ob-
ject of ending hoatllttie la ths Far East
ALL ALONG THE FRONT
Japanese Are Getting Active
Around Mukden.. - t
'Asotted Free rteportl t
Russian Headquarter. Huansan. Man-
churia January M. The actlvttiee (f th
Japanese are Increasing all along th
front They .'are attacking villages be-
tween the tinea aad ar opening artillery
Sre at alflnV .- r--i-'-'.t ;
levhlou::c:;e
VasNcar Jcz:! V"L:.i 1
Shot Wis r:-:1.
TELLS OF TI2E I.
Saw;0ne;Takei CI
- Chlci tZi
With fitnesses VlioT
t. Threats Communicar .I t
Swain Th Jury.
' Major Hugh ft. Swain a sod
tate Colons! W J. Swain who d
this city ta now on trial In th cr
district court answering the char
murder. ' - -
Tn killing ot which Major twain
Stands charged occurred In this city
October t last. Th victim was ('
Jonee who up to the time ot the V
Was Connected with th Houston .
and. Marin Insurance company a
ss secretary and general menae.
which company Colonel W. J. gwa i
president prior to his deal.
Tha defendant prior to coming t
city to take dp hi residence was
Bected With the United Bute wh.
army a a major during tha
American war. He waa grad
Weet point academy and was app
t th service which duty be reai-
teka bp the praoUo ot law.
Th father ef Major Swala waa i
tnent la State politics having at one
served th State ss womptroller. i
the end ef his political career he luu
tbs... fire tncurauce company
aamed ef which be Wecama pre
sod ta which capacity he acted urn .
death." '.Sf!v.' 't
Th killing eoeurred n the fourth f
f th Mason building ef about I e'e
Bundsy kftemooa. October . l!-i. '
deossMd was shot aa h we tev
otflcet after eoncludln hi work i
day. ' Upon 'the 'boiy of th o. .
Jnst after th kmini a revolt
found by Chief of Polite Kills m .
plea of th defendant to that of ten
tenia. t .
: Th work of select tug a- Jury from
venire of 171 mea lummoned for jury d'
required all of yesterday morning a
Ut pt thl panel th following Jur -were
selected to decide th fete of Muy
"'! : UV. ;
The Jury.
Yf. BL Detsrlng grocery msrehsnt.
B. H. Green tierg turnnnre d"ler.
Albert Hamburger laundry pruptletor.
Dan Bore hard wholesale merchant.
Henry Roiigagna. se Ui keeper.
John J. Ellis bookkeeper ' . . '
V B. Weeks grain broker. V
I. Hlrsch wholesale mer lmnt
Jacob Hartung machinist
George P. Eels banker '
J. S. Radford manager textile works.
A. O. Yance manager job wagon com-
pany.. .
After th etestlon of th jury an ail -tourmnent
waa takes until I o'clock. i
Which time th Indictment wee -read t
th jury to which the defendant enter. -
ptea of "not guilty."
Th State the began to Introduce li
testimony. It requiring th balance of 1'
afternoon for evtdenoe ot th prosecution.
At I o'clock th prosecuting attorneys an-
ormced that they would rest their ca--Adjeurnment
waa taksa until VM e'clo. : .
at which Urn ths defense began testi-
mony.' ; f -.'. ?
la stlendanes upon th oourt there are
large lumber of wltnoste subsmoneil
from different parts of tbs State present
to glv testimony tn behalf at tbe v-
fence. Among the prominent persens who
were present ycaterday were Hon. A. P.
McKlnnon. an attorney of Hlllsboro. aii.l
Hon. W. C. Wear also of that city. -
It U understood that Judg WB.
Oainea chief Justice of tbe u premie
eourt; u-Uovernor 1. S Hogg and Hon.
R. w. Flnley formerly comptroller win
arrive this mbrnlruj to glv twthaony hi
thl cess. - f: ."' :'..'-
Th prosecution la this oaee to repre-
sented by Hon. W. C. Oliver district at-
torney assisted' by Wi O. Love em-
ployed by relatlvaa of tbe deceased and
Ho. W. C. Ball of Con roe a cousin of
th deceased. Ths defendant ta repre-
sented by the firm of" Fisher Hlgbsmlth.
risher McGregor 'v ..-i.r v w.f.-.r
Behind his counsel sat Major Swain
and behind ' hint set his Wife . wha
watched eagerly tin progress ef tbe trial.
Juror Taken 111 ;.
After convening for th night session
last evening and after a few witness.
for the defense had been examined th.-
cam cams to sudden end at: o'clo. -k
by the sudden Illness of P. B. Weeks one
ot tbe Juror. Upon awggestta of Dr
Duckett who was call In ta attend t!i-
Jnror aa sojournment waa take '"
thl morning ki order to allow tha jur
night's rest ' ' ' .1 vk !
Th Ulneee of the Juror ta eely of .
temporary ebaracter and hot serious
it ta expected that by thl morning I
will be surflotenUy recov-red to all.
tn case to progress. ' 4 . '
Th first witness placed on the at
was A. LsvlUmiXt and be testified In s
stance a follows: My bom la tn
Orteaasv I have boo to Houston a'
sight months I wss bora and ral
Nsw Orelaas. .On October t last. I
been here about two monlhe or n
a tittle more Prior to Octotvr t
employed by the Houstoa Kl. e i
rine losuranoe eesspasy. I knew
Jones At th time t was km--J.
now desd. .ITsnew' defeod t t
at that tlr. Tne of
sumacs oompiny are tn
of the Mason
there are sei' i
fllces front ou -
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The Houston Post. (Houston, Tex.), Vol. 20, No. 308, Ed. 1 Tuesday, January 17, 1905, newspaper, January 17, 1905; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth603638/m1/1/?q=Simon+P+Holmes: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .