The Houston Post. (Houston, Tex.), Vol. 25, Ed. 1 Tuesday, October 12, 1909 Page: 1 of 14
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what you want very quickly.
HOUSTON TEX A 8 TUE8DAY. OCTOBER 12. 1909.
PRICE 5 CENTS.
PROBABLE HEAVY DEATH TOLL IN
STORM THAT WRECKED KEY WEST
RATE MAKING POWER
. ' .
The Constitutionality of Its New Tariff Orders
Questioned in Supreme Court.
1 WERE LIBEL SUITS
Pointed Comment by Federal Judge Anderson
in Roosevelt's Prosecution of Editors. V'
Southern Coast of Florida Swept by Gulf Storm Which Rising at Sea Spent Its
Fury on Reef City Completely Wrecking the Town Heavy Loss of Life Is
Probable and Fears Were Entertained for Safety of Shipping City Is
Under Martial Law and Scene Is Chaotic Loss Is $2000000.
THE HOUSTON POST.
HEARD THIS WEEK
Practically Three Cases Will
TOBACCO TRUST BUSTING
Case One of Greatest Under Sher-
man Act is on tbe Docket.
SHIPP'S PLEA FOR ACQUITTAL
Under Contempt ''on action Togeth-
er Witb "Cotton leak" Scan-
dal and land Litigation
Will Be Features.
(Hou.-ton Post Special.)
WASHINGTON. October 11. The first
two cisos to be argued this term relate
to the Interstate commerce act. One Is
the fanioiiB litigation over the Chicago
terminal charges styled interstate com-
merce commission against the Chicago
ajid Great Western. It involves the con-
stitutionality of un order by the commis-
sion directing a reduction In the charge
made on cars entering the Chicago termi-
nal. A similar question is presented in a St.
Louis case which will not be heard lor
The second is the Southern Pacific case
so-called and the main issue at point is
the rate fixing power of the Interstate
commerce commission. The railroad
maintained that an order requiring the
Southern Pacific and the Oregon and
California to reduce their rates on lum-
ber in the Willamette valley was void in !
that the Hepburn law delegates that leg- J
islative and judicial authority Is forbid-
den by the constitution.
The circuit court for the Northern dis-
trict of California certified the question
to the supreme court. Judge Lovett and
M fix well Evarts will argue for tho rail-
roads. A case involving almost the same ques-
tion and known as the Missouri rate liti-
gation is docketed for hearing later In
TOBACCO TRUST CASK.
It is now considered likely that the gov-
ernment's famous tru.-t-busting suit
against tho American Tobacco company
and others on the call for this weak
may not be argued for some time. These
cases should be reached by Thursday but
It Is stated today that the government
may ask a reassignment one reason
being the enforced absence from the
bench of Associate Justice Moody who is
seriously ill at Haverhill Mass.
The tobacco cases represent perhaps
the most important prosecution ever
attempteO by the government under
the Sherman anti-trust law un attempt
to prevent an alleged combine whose to-
ts) capitalization is nearly $W0000OK.
from doing an interstate business and a
full court is desired.
BHIPP CONTEMPT CASIO REHEAR-
ING. The court has before it the petition for
rehearing in the famous Shlpp contempt
case. On tho last day of the 11W8-09 terra
lieiiiT James F. Shipp his deputy Gib-
son and Williams Nolan Padgett and
Mays members of an alleged mob that
lynched Ed Johnson a negro at Chatta-
nooga. Tehn. after his execution had
been stayed by order of the supreme
court of the United States v. ere ad-
judged guilty of contempt of court. Per-
mission was granted the-e defendants
to flic a petition for rehearing. Final
decision in this manner is expected some
time this month.
The calendar for this week in addi-
tion to tho cases noted includes half a
dozen more of unusual Intqrest includ-
ing tho litigation over Oklahoma Indian
land grants the "cotton leak" scandal
and the fight over distribution of coal
cars by the Baltimore and Ohio rail-
road in West Virginia one of the mov.
Important cases to the mine operators
and railroads now before the courts.
Justice Peckham was absent at to-
day's session In addition to Justice
Moody not yet havpg returned from his
vacation. Justice Peckham will be here
later In tho week.
COWAN ON TERMINAL. CASE.
Judge Sam II. Cowan of Fort Worth
attorney for the Texas Cattle Raisers'
association is here and will appear be-1
fore the supreme court tomorrow In. the I
Chicago livo stock terminal case. The
ease Involves tho rate on cattle which
the Interstate commerce commission some
time since declared should be $1 Instead
of $2. as insisted upon by the railroads.
The enforcement of the commission's or-
der was held up by an Injunction pending
the action of the supreme court. If the
commission Is sustained a saving in
freight rates amounting to $300000 a year
Judge Cowan and the attorney general
will argue the case for the shippers Im-
mediately after court convenes.
Catholic Land Suits Dismisied.
I Associated Press Retort i
WASHINGTON October 11 The va-
rious suits In the supreme court of lha
United States Involving the lands
claimed by the Catholic church in Porto
Rico wero today dismissed py tho court
hi accordance with a stipulation arrived
at betwxon the government anj the
UMMARY OF NEWS
THE WEATHER i
Forecast for Houston and vicinity for Tues-
day Generally fair ft day with light to mod-
erate northerly winds; slowly rising tempera-
tures. Temperature and prccipitataion records at
Houston for the twenty-four hours ended at 7
p. m. Monday:
Temperature Maximum 82; minimum BS.
Precipitation .00. f .
(Associated Press Report.)
WASHINGTON October 11. East Texas
Fair Tuesday and Wednesday; colder Tuesday;
moderate north winds.
Louisiana Fair Tuesday and Wednesday;
colder Tuesday; moderate north winds.
West Texas Fair Tuesday and Wednesday.
Oklahoma Partly cloudy and cool Tuesday.
Wednesday partly cloudy.
FOUR were injured in a passenger wreck on
the Southern Pacific r.car New Orleans.
SNOW FELL in four Stales a blizzard with
freezing temperature being reported in Wis-
consul. JUSTICE GAY NOR and W. R. Hearst deliv-
ered initial addresses of the campaign in
PRESIDENT TAFT arrived yesterday at Los
Angeles from which point he will start for
A SHORTAGE of $2 10.000 was found in the
accounts of the First National bank of Min-
eral Point Wis.
WILBUR WRIGHT at College Park Md..
made a complete turn in his aeroplane in
7 3. '5 seconds breaking the record.
THE FEDERAL circuit court of appeals at
New York sustained the judgment of the
lower court in the case of Charles W. Morse.
THE LIBERATED crew of the schooner Cald-
well 11. Colt at Pcnsaccla. Kla. alleged
cruelty on the part of their Mexican captors.
A TERRIFIC hurrican- swept the Florida
coast converting Key vYest into a mass of
wreckage; many livrs it was feared were
MRS. MARY HARRIMAN' wife of the de-
ceased railroad magnate in inheriting his
fortune of $300000 000. made her the
richest woman in the world.
THE SO-CALLED Panama libel case was given
a hearing before Fcderai Judge Anderson at
Indianapolis; Iud(e Anderson expressed the
opinion that the suit is a political play.
THE IMPERIAL Bank ot Germany raised its
discount rate from 4 to 6 per cent.
FIVE were killed and twenty-five injured by
a hurricane at Havana; 11000000 damage
L. I. BINGHAM a traveling man of Gaines-
ville committed suicide by drinking carbolic
MRS. J. C. PETTY an aged lady was seri-
ously injured atHcnipstead by being run
down by a switch engine. '
TWO PRISONERS charged with robbing a
bank escaped from a jail at Hamilton by
rawing through the bars.
THREE HUNDRED delegates attended the
opening session of the grand encampment of
the I. O. O. V. at Corsicana.
THE INDICTMENT against A. M. Wangh.
charging forgery was quashed in the Thirty-
seventh district court at San Antonio.
H. B. GOLDMAN of Angleton charged with
the killing of Charles Knoble by mistake in
Brazoria county was granted bail at Rich-
mond. TH EVAULT of the First National bank- ot
Lewiston w.-s blown and $13.0uO in gold and
currency taken by robbers; two suspects
GEORGE STAND FORD a former member of
the Austin police department was shot ;ir.u
killed in a saloon at Austin; Prcs tarden
JOE GORCKY. a janitor at the A. and M.
college was killed under the wheels of a
Houston and Texas Central passenger train
at Collcee Station.
IN A SPEECH at Fort Worth Congressman
Gillespie side 1 with Bryan; said lie would
surrender his personal views of right at be-
hest of convention.
THE CONCHO. San Saba and LLino Valley
railroad was sold to Eastern capitalists.
THE KATY LIMITED was exempted from
the thirty-minute clause regulating delay ot
trains for connections.
A BLANKET mortgage plan was favored by
the International and Great Northern in its
proposed release from the Federal receiver-
ship. THE CONSTITUTIONALITY of the power of
the interstate commerce commission to make
rates will be questioned in the Fcderai su-
preme court this week.
PITTSBURG won the third game of the world's
championship scries from Detroit 8 to 6.
WILLIE HOPI'K champion billiardist will
give an exhibition in Houston Thursday even-
ing. IN THE LOUISE gun shoot W. H. Heer waa
high in professionals and George Tucker led
"GUNBOAT SMITH." a sailor scored a knock-
down in a four-round bout with Jack Johnson
at San Francisco.
COL'NSEL for Orlando Jones and Sol Lichten-
slein indicted on a charge of bookmaking
gave notice at New York of a proposed at-
tack on the constitutionality of the Agnew-
Hart racing law.
THE REAL ESTATE transfers filed yesterday
AT A MEETING of the Houston Automobile
club E. R. Spotls was elected president.
THE USE of false weights and measures is to
be prevented by an ordinance submitted yes-
terday. ALEC POWELL was given a term of twenty-
five years on conviction of second degree
THE ONLY BID received for the county's
bond i&sue was reiectcd bv Countv Tudse
AN ORDINANCE was adopted by the city
codncil extending the stock limits so as to
take in the entire city.
EIGHT PERSONS were injured when a street
car was run down by a switch engine on
Lorainc street last night.
Government Property W Exposed.
Assnrtated Press Retort.
WASHINGTON. October ll.-There is
some anxiety for tho safety of govern-
ment property along the path of the
storm. The revenue cutter Forward Is
at Key West. Tho life savlgn service had
many of Its boats washed away -urln-c
the last hurricane on the gulf coast and
the government' ia watching the progress
of the present storm with much Vin-
(Associated Press Report.)
KEY WEST Fla. Octooer 1L-A a re-
sult of the hurricane which struck the
southern coast of Florida thla morning.
Key West tonight Is a mas of wreckage
and tho damage to property is estimated
Mart Is 1 law was proclaimed by the
mayor at 6 o'clock tonight and tho Key
West Quanta are patrolling the city.
The United Stales government has been
asked to dispatch troops here without de-
lay to assist In patrolling the storm-swept
Chaos reigns on every hand and few
people remain In their homes hundreds
of which either have been totally wrecked
or damaged. 1
It is impossible at this hour to say
whether there has been loss of life but
It Is feared that many lives have been
claimed along the coast. It is known
FIVE WfcRE KILLED
'Hurricane Damage Estimated at
$1000000 Fruit Crops and
(Associated Press Report.)
HAVANA October 11. The most seri'
ous tornado since the big blow of- Oc-
tober 17 1906 struck Cuba early this
afternoon causing extensive devastation
throughout the whole western portion of
the island. In the city of Havana many
minor bui.dlngs were blown down or un-
roofed; almost all the trees were up-
rooted and five persons were killed by
an electric shock and the" other by fall-
ing buildings. About twenty-five persons
The greatest damage done was In the
harbojv-wiMre lastat. . fifty lighter?.
launches and small tugs were either sunk
or blown ashore. At Casa Blanca great
anxiety was felt throughout the day for
the safety of the Ward linor Moro Castle
from New York and the Plant line
steamer Miami from Key West- Both
of these steamers arriveu safe.y at 5; 50
p. m. having kept offshore for hours
awaiting an abatement of the storm. The
total damage In Havana and vicinity is
estimated at 11000000.
HAVANA COAL COMPANY'S LOSS.
The greatest Individual loss was caused
by the destruction of half of the coal
elevator conveyors of the Havana Coal
company at Casa Blanca estimated at
Communication with tho interior of the
Island has been Interrupted except wlt'i
part of Havana and Pinar del Rio
provinces in which the orange and oth-
er fruit crops suifereu x...j. ......
were heavy floods at Vuelta Abajo thu
tobacco region but the tobacco crop hus
not been seriously affected beyond the
washing out of the seed beds which at
this season ftf the year are capable of re-
newal. Following the heavy ruins of the hut
few days a gale began at 2 o'clock this
morning which Increased In intensity
and reached cyclonic proportions at 5:40
a. m. when the velocity of the wind was
about 120 miles an hour. The gale cants
from the south southwest and the vortex
of the tornado was a siiort distance west
of Havana The storm continued with
unabated fury until 8 o'clock after which
the rain was Intermittent with occasional
heavy squalls throughout tho day. The
wind subsided tor.ipht and the indications
are for clearing weather.
TUBERCULOSIS HOSPITAL WRECK.
Probably days will elapse before the re-
ceipt of news from the interior but It la
believed that the storm mainly affected
the western end of the island. At Ar-
royah Nabujo which is about eight miles
from Havana the new tuberculosis hos-
pital was blown down and many patients
wero Injured. During the height of tho
storm a small Spanish brig struck tho
wreck of the old battleship Maine and re-
mained fastened there until pulled off by
The only steamer overdue Is the Chal-
mctte from New Orleans which w-j
scheduled to arrive here this morning.
Feared Hurrica e at Night.
(Associated Press Report.)
MIAML Fla. October 11. The slorm
which has prevailed here since yesterday
afternoon Increased in Intensity today
rain coming down in sheets driven by
strong south winds.
' People are fortifying their houses and
vessels in the harbor against tho hurri-
cane which Is expected to arrive tonight.
All efforts of the officials of the Florida
East Coast railroad here to get Into com-
munication with men at work on the
road's extension on the - keys have been
In vain. Between 2500 and 3000 workmen
are employed on the construction work
in the lower keys where there Is slight
opportunity for protection from tbe fury
of the storm. Grave fears are entertain-
ed for these men the apprehension being
Intensified by recollections ot the hurri-
cane of 1906 when MO men lost their
lives and Incalculable damage to prop-
erty was done in that section.
It Is said that tho construction camps
axe better fortlfijd row and it Is known
that the eng.nee-a on the works have
been prep. Ing for a big blj. In splto
of this however the location of the rail-
road which skirts the very brtn'c of th
ocean stretches of the mas vs concrete
columns even being out of sight of land
leads to great concern for the aafoty of
that many have received more or less
aerlous injury and reports nro current
that several Uvea have been lost but
these have not been verified.
The storm reached its height at 1 o'clock
this afternoon whan the wind reached
an estimated velocity of 100 miles an hour.
There was a ' hard steady blow from 8
a. m. .to 3 p. m. when the wind begau to
die down and a.t i o'clock the center of
the hurricane had passed this point.
While the hurricane Is the worst that
Key West has ever experienced the
local weather observer announced to-
night that the indications are that the
entire east coast of Florida will Buffer
Of 100 local ' vessels In the harbor this
morning but five remain at anchor the
others having either gone to sea or been
wanned upon ' the beach. The streets
along; the water front are a mass of
wreckage. Brick as well as frame build-
ings throughout the city nffercd alike
from the fury of the heavy wind and
many miraculous escapes from death or
serious injury have been reported.
Besides tho several scores of residence
IS RICHEST WOMAN
E. H. HARRIMAN LEFT $300000-
000 TO HIS WIFE.
Vast Estate Is Fifth in Fortunes in
World and Far Greater Than
(Houston Post Special.)
' NEW YORK. October ll.-Mrs. Mary
Harriman widow of Edward II. Harri-
man is the wealthiest woman In the
world. The estate left by the railroad
magnate Is valued at $300000000 according
to a statement by a close friend and busi-
ness associate. Although out ot this Mr.
Harriman the day before he died gave
each of his children $6000000 and other
relatives $3000000 the remainder $257.-
000000.'' whlctl goes to the widow places
her In possession of a fortune besides
which the wealth of Mrs.' Hatty Green
snd Mrs. Russell &ge' seems small. With
tbe exception af the Rockefeller Roths-
child duke of Westminster and perhaps
one of the Gould fortunes Mrs. Harri-
man's wealth is greater than that of any
A friend of EL H. Harriman who made
a statement concerning the railroad
king's riches said that Mr. Harriman.
himself said a day or two before his death
that he would leave $300000000.
"Mr. Harriman called his wife and chil-
dren to him and told them of the vast
estate he would leave" said this friend
of the financier today "and he told them
he would leave most of It to his wife.
This meant all but $33000000 which he in-
tended to divide among his children a
few other relatives and old servants.
"To each of his five children he gave
$0000000 In bonds and other securities.
This apportionment was only 10 per cent
of the fortune and other gifts to members
of his immediate family servants old
retainers and clerks who had stuck faith-
fully to him through his fight for control
of the vast railroad Interests now known
as the Jlarriman lines aggregated $3.0o0-
000." TWO BIG LINERS IN STORM.
Feared the Momus ana the Antilles
Struck the Hurricane.
(Houston Post Special.)
NEW ORLEANS October 11. Two of
the big Southern Pacific passenger I
steamers plying between New York
and New Orleans are In the midst of the
hurricane. One is the Momus with large
list of returning summer tourists wh.
sailed from New York Sunday morn
ing which should bo near Jupiter light i
on the East F.orlda coast by midnight I
tonight. According to tho route taken by
these vessels she would bo very close in I
shore. - 1
The other vessel Is the Antilles lioun i
north which sailed from N w Orlcns I
Saturday and at midn.gnt tonight shot.1
he somewhere between Jupiter li.-r'i. dr.l
?t. Augustine. Governor Sande-s of
Louisiana in on the Antilles Intend! i-
to go to St. Louis wav of Nun-
York. DISCODTT RATE WAS RAISED
By Bank of Germany Owing: to
Money Market Conditions.
(Associated Press Report.)
BERLIN October 11. The Imperial
Bank of Germany raised Its discount
rate today from 4 to & per cent.
Herr Harvelstoln. president of the Im-
perial bank in proposing an advance In
the rate referred to the extraordinary
pressure at the.end of the quarter which
he attributed to Intensified activity In
speculation in tho securities on the stock
exchange. The immense volume of new
stock and bond Issues this year also
tended to narrow the money maikot.
Harvelsteln expressed the opinion that
the advance must be sr full 1 per cent in
Older to be effective. The recent advance
had not been a full one but he admitted
that the banks had been trying to retard
the speculative movement.
MEXICAN CRUELTY ALLEGED
By Liberated Crew of Confiscated
(Associated Press Report.)
PENSACOLA. Fla.. October lL-Relat-Ing
stories of injustice and cruelty on the
part of Mexican officials in whose cus-
tody they remained for eight days with-
out being givkn an opportunity of seeing
tho American! consul or getting word to
Mm Captain Joseph Scholia and the crew
rt th tish.nff srnoAntr Pniii-:i u CnH
reached here today from Prooreao. Thev'
were released by the Mexicans but the !
latter held tho vessel on the 'charge of
Tho men claim their vessel was cauglik
in a storm and they had put It under
leeway to make repairs when seised by a
Aic-fclwavu astuauvs&ta i
either totally wrecked or blown from
their foundations nine factories were
partially destroyed Including tho Havana-
American Martinez Nlcholus Ituy Lopes
Manuel Lopez Fleltus Storrls Cartes and
tho Wolf cigar factories.
No. 1 and 3 engine houses of the city
fire department were destroyed the fire-
men narrowly escaping but several ot
the horses being killed. The top of the
First National bank was blown off the
postoftlce damaged and two running gears
of the government coaling station were
Every telephone and electric light pole
on Duval street the principal thorough-
fare of the city was blown down.
As soon as the wind had subsided
plundering began. The city police force
was unable to cope with the situation
and the mayor decided to take stringent
measures to suppress the looting his
proclamation of martial law resulting.
Almost every nationality Is represented
among the clty'B population of more than
20000 about one-half of whom are em-
ployed In the cigar factories sponge
fisheries and salvage companies.
MORSE IN TOMBS
REVERSAL IN APPEAL C0TJBT
CAUSED RETURN TO PRISON.
Taft or Supreme Court Now Only
Stand Between Him and Fifteen-
Year Penitentiary Term.
(Associated Press Report.)
NEW YORK October U. Unless the
supreme court of the United States re-
verses the decision or the president of
tlie United States interferes Charles
W. Morse one time "ice king" coast-
wise steamship line organizer uanker
and capitalist will serve fifteen years
at hard labor In the Federal prison at
After having been at liberty under
$125000 ball since June 17 last he is back
In the Tombs prison tonight where he
contemplates the decision of the UnlteJ
States circuit court of appeals rendered"
today sustaining the Judgment of the
lower Fcderai court which found him
guilty in November last of violating the
National banking laws.
DECISION AFFORDED SOME SOLACE.
There was solace In the decision of the
court of appeals today however. In
that only ten of the fifty-three indict-
ments on which he was convicted were
sustained and on the strength of this
his counsel Martin W. Littleton will
Immediately carry the case before the
United States supreme court on writ of
certorlarl. To this end the United States
court of appeals has granted a forty
days' stay of execution and pending a
decision by the supreme court applica-
tion will be made to have the prisoner
again admitted on ball.
Morse took today's decision calmly al-
though he was plainly grlef-strlckcn and
perhaps surprised. He heard the news
In tho office of United States Marsh ll
Henkle and was almost Immediately
taken to the Touibs. Mrs. Mojrse was
with her husband in the marshal s of-
fice during the entire morning. When
word came that the .decision was against
him she said:
WAS CONFIDENT OF NEW TRIAL.
"All along we had the utmost confi-
dence that a new trial would be grant-
ed. The decision today came as a greac
surprise to us but my husband Is brave
and he will continue to strugglo for hH
liberty. Mr. Littleton will remain L
charge of his case and will try again
to secure Mr. Morse's release on bail.'"
When he left the Federal building In
custody of an officer for the Torabj
.Mr. Morse kissed his wife and son and
rodo downstirrs In the elevator. He whs
not handcuffed. A taxlrab was waiting
at the door. After posing for the pliotog-
raphers he entered the tab and was
whisked oway to prison.
One of Mr. Morse's keenest regrets at
being forced to return to prison Is the
Interruption of his beaver-like strugg.e
to rebuild his fortune. Since his libera-
tion under ball he has been re-electel
president of the Metropolitan Uteamshlp
company a New England corporation
and of the Hudson Navigation company
operating a line of boats on the Hud-
son. He Is credited with having dis-
charged the bulk of his debts.
' From the two big transportation lines
that had within the last week elected
Mr. Morse as their president there was
no official statement forthcoming after
today's decision. - It Is understood how-
ever that for some timu at least the
election will stand.
THT FATE OF A. C. CRANE
Probably Will B- Finally Disposed
(Associated Press Report.
WASHINGTON. October 11. Tomorrow
probably will see the determination jf
thp question whether Charles R. Crane
wl I he req ..Mtet! to eslgii his recentl
acquired office of minister of the Unit-
ed states to China or will be permitted
to resume in that capacity his Jiurney
to Pekin. whither he was aim nt m the
ac f so lh g from San Fcm- ? -vhei.
summoned by Secro'u v of Ftata Km-x.
forthwith to Washington to explain his
aliened rj..pens:bility for tho disclosure
in a nev-paper Its.it'eii nfi'b'niiil
Information about the attltuto of the
United States about the new tteaty be-
tween Japan and Clilna. S'l?iv shroud
ed the situation all day; Secra.a-v Knnx
was practically Inaccessible other stato
department olficlals disclaimed any
knowledge of the affair and Mr. Crana
himself was vlrtua ly dumb.
It came at last to be believed that the
whole business has been referred byfeo
retary Knox to President Taft who was
at Los Angeles tuda.v.
BANK VAULT BLOWN
ROBBERS SECURED $13000 AT
Safe Wrecked in Explosion of Six
Charges of Nitroglycerine..
' Two Suspecti Arrested.
(Houston Post Special.')
LEWISVILLE Texas October ll.-
Using six heavy charges of nitroglycer-
ine robbers between ! and 3 o'clock this
morning shattered the vault and the sav-
ings safe of the First National bank of
Lewlsvllle and escaped with $6600 $4000
In gold and $2500 In currency.
Late this afternoon two men were sur
rounded by citizens in a thicket near
Hebron ten miles east and were later
captured by Sheriff Orr and Deputy Kent
on these two men $2000 In gold and cur-
rency was found and from this fact It is
believed that there were six men on the
Job that the money was evenly divided
that two of the gang went east on foot
and that the others went west. This
theory Is strengthened by the fact that a
cab with curtains down and lights out
was seen between S and 4 o'clock this
morning going west In the direction of
The robbery was not generally known
until after daylight this morning when
two parties who live within half a block
ot the bank one on either side and Who
heard the explosions gave the alarm.
These parties state that they were
aroused by the noise of the exploding
nitroglycerine between 1 and 2 o'clock
but did not deem It safe to venture forth
until after the burglars had completed
their work and left.
Examination of the bank shows that
the robbers entered through a back win-
dow bad shattered the outer doors of
the vault but had only succeeded in
forcing open the lower section ot the
lBtmT upper eotlon whch
failed to get Into contained $10000- The
vault is completely wrecked and the safe
partially demolished. This is the on.y loss
to the bank as the money Is protected
by a burglary insurance policy.
J. W. Spencer of Fort Worth is one of
the principal stockholders while his
brother E. L. Spencer is president of the
Tonight a posse of citizens has gone out
to meet Sheriff Orr and his prisoners
while other posse are endeavoring to
pick up tbe trail of the balance of the
Robbers Had an Automobile.
(Houston Post Special.)
DALLAS Texas October 11. The detec-
tive division of the Dallas police depart-
ment was notified today of the robbery
last night of the First National bank of
Lewlsvllle. In Denton county.
Tracks in the vlcintty of the Missouri
Kansas and Texas section house where
the men got their tools. Indicate that
there were six in the party. A bottle
partly filled with nitroglycerine was
found In the bank this morning.
Constable Heydler believes that the men
had an automobile outside of town and
were many miles away before the rob-
bery was discovered.
HAMILTON JAIL DELIVERY.
Two Charged With Robbing Bank
(Houston Post Special.)
HAMILTON Texas October 11. Two)
prisoners Eddie Marvin and John Bowen
charged with robbing the Carlton bank.
broke Jail here lost night sawing out
of the cell through the window bars.
Marvin is about 28 years of age about
5 leet 11 inches tall heavy head of auburn
hair black eyes we.gbs about 176 pounds.
Huwen is about 5 fuel 4 Inches tall black
hair dark eyes weighs 11a pounds.
There were four other prisoners In Jail
one of the number being Bill Probes
who was chained with the same crime
but they were in a different cell. Probes
refused to talk.
SNOW IN . FOUR STATES.
Blizzard With Freezing Tempera-
ture in Wisconsin.
t Associated Press Report
HAMILTON Ohio October 11. A light
snow the first of tho season fell here
DES MOINES Iowa October 1L Snow
fell here this afternoon for a short time.
Tonight It again snowed accompanied by
a piercing north wind. Light snow Is re-
ported from many towns in Central Iowa.
WINONA Minn. October 1L Throa
inches of snow fell here tonight. At.
times the snow assumed the proportions
of a blizzard.
NEW RICHMONdTwIs. October U
Snow flurries here this morning were fol-
lowed by a blizzard tonight. The tem-
perature dropped to freezing.
KANSAS CITY. October 11. The first
snow of the season In this section fe'l
at Sioux City Iowa and at Omaha wlfi
sleet at St Joe Mo. today.
New Texas Postmasters.
ittoustou foil Speaai.'
WASHINGTON. October 1L Texas
postmasters appointed: McAdams Walker
county Mra Louise E. Gibson vice D. E.
Gibson deceased; Michies. Dawson coun-
ty. John W. C Mullins vice Tobe Michie.
resigned: O'Brien Haskell county. Tolly
B. Austin vlo J. C. MoWhlrter re-maws
4RSS HAS A DUTY
To Perform to the Public '
Declared the Jurist.
AN ABSENCE OF MALICE
In tbe Publication of tbe Story ot
Alleged Graft. '
CANAL PROJfcCT IN POUT
An Honest Divergence of Opinion M
to Whether It Has Been 4jht-' '
ly Conducted Is Not ; .
(Associated Prtss Report.) .
INDIANAPOLIS Ind. October 1L-. '
That the so-called Panama "libel' ease"
was "more or less of a political matter"
was the comment of Judge Anderson ot
the United States court of the district
at the close of today's bearing of Chart
R. Williams and A. Delevan Smith pro
prletors of the Indianapolis News Whom
the government is seeking to remove 13 '
the District of Columbia for trial on th
charge of criminal libel.
The court said that it did not wish to
give an impression that it had formed an
opinion of the merits of tbe case ) but ' '
it wished to put the trend of the argu-
ment toward Its further enllgntenment
as to whether or not this was probably
the cause for the indictment of Messrs.
Smith ajid Williams by the Federal grawd
Jury for a criminal libel in their having . .
published articles intimating that there
was a "graft' of $28000000 in the sale of
the Panama canal zone to the United
States by the French company. . .
- "What is the guilty Intent to be shown
on the pari of these defendants T" tlu
court asked' Stuart McNamara special ut
torney of th9s Dialt Coumbto
charge . of. the uroceedngs. The v Judgo
went on to explain that he was In doubt
that it could be shown that the defend'
ants had malicious forethought to libel
former President Roosevelt President
Taft Charles ;P. Taft; William Nelson 1
Cromwell J. P. Morgan Douglas Robin
son and others. ' ; t
CANAL IS POLITICAL PROJECT.
"The whole Panama canal project la a' '
great political project." said the court. '.
"and there has been- and is much honest
expression of divergent opinion as to yi
advisability of having chosen the Panama
route in preference to . the Nloaraguaa
route and now since the cost of building
the canal ia so much larger than was at
first estimated as to whether or not th
United States should own an Atlantic '.
Pacific canal. ' '' . . : v
"The press has a publlo duty to per
form and In political discussions It seems '
to me that the conception of libel should
be greatly different from the conception
that should apply to a case of Ubel or
a person's private character. I am no
seeking to prejudice the case at this time;
I am only seeking for light on tha Ques-
tion here as to whether criminal Ubel ?
may be possible in this matter. Criminal
libel is a crime against society.1
"NASTY PIECE OP BUSINESS."
The court was not satisfied. Judge An-
derson said that the published articles
complained of or charged a crime against
the persons alleged to have been injured.
. If a set of Americans the court con-
tinued went to France and bought up tho
securities of the French Panama canal .
for $12000000 as - alleged and then sold .
them to the United States for $40000000
it should be regarded as a "nasty piece
of business" but In no sense a crime.
Mr. McNamara Interposed that' in nla
opinion a crime was charged for the rea-
son that It was alleged "that the syndi-
cate" used Its Influence upon the admin-
istration at Washington "to put the deal
through" and -that if the charge was
true. Theodore Roosevelt. Ellhu Root and
William H. Taft persons In authority
were In. criminal complicity with the syn-
dicate to swindle this country.
"It is my personal opinion" said ta
court "that liberty is best preserved bj
passing over some aspects of an alleged
Ubel nature now under consideration
which should not be passed over In a
Ubel case ot a personal or private char-
acter." Mr. McNamara In his argument during
the day maintained that the Indianapolis
News though printed at Indianapolis
was published In Washington as well as
in many other Jurisdictions; that copies
of the paper were sold In public there
and therefore the crimes argued were
committed In Washington as well as else-
where. Judge Anderson asked Mr. Mc-
Namara how in his opinion should It be
decided that such a legal case should be
tried. Mr. McNamara said that be :
thought the first court In which action
was brought should have Jurisdiction.
' . . 'i
QUESTION AS TO JURISDICTION.
The court then suggested that if this
view of the matter was adopted.-; tha
question would arise as to whether or
not a proceeding might lie in a number
of different Jurisdictions.
"Also In this view" added the court
"would a conviction In one Jurisdiction
be a bar to further proceedings ia ttte
same matter In another Juried let ion .f
Mr. McNamara said h was not pre-
pared to answer this question. He cited
authorities which be said would Show
that the' United States supreme court ha
approved the removal of the trial fro
one United States d 1st riot to the Dint'
of Columbia In proceedings similar
-f urch MithorlUes.
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The Houston Post. (Houston, Tex.), Vol. 25, Ed. 1 Tuesday, October 12, 1909, newspaper, October 12, 1909; Houston, Texas. (texashistory.unt.edu/ark:/67531/metapth605581/m1/1/: accessed February 17, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .