The Austin Statesman (Austin, Tex.), Ed. 1 Wednesday, December 13, 1905 Page: 1 of 8
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Vnd
MERIWEATHER, and others, seem
F
UE
ERIWEATHER
lac
UI
HAND IN DEAL
XGOOX
Shooting Over Card..
After the sentence
REFUSED
EVACUATION DATE.
ME
Japan Will Quit Liaotung When Rus-
ala Was to Have Done.
Shanghai
ra
s
CASK
By Assoclated Press,
a
District Attorney
Attorne;
lock.
as stated by Mr. Miller, whereupon the
district attorney entered a noil prosse
News Summary
begin tomorrow.
CANAL BILL AGREED UPON.
I
1
-
X
that it occurred
on
hi
ident Roosevelt
OOOS
CHILDREN LOST LIVES
)
IN BURNING HOME
1 .
SS
I
is
ned by
J. C. Johnson and occupied b
C. P.
rS
e
cc
aged respectively 2 and 4 years
The
Eckord dies in San Antonio
Woodward burned .to death at
STATEHOOD ARRANGED.
LOCAL.
'I
COST.
CHANGE OF VENUE
Callrow,
Joshua W. Cunningham,
Richard T. Polk, Killer; Thomas F.
Belle W. Bridges,
onth
A. Jackson of audi-
be made at the suggestion of delegates
.. "
LA,
202
e Col
Jew
Tak
reat
ire
OPLE
ZOU
The
total
GETS OFF WITH
MILD SENTENCE
and face, fought his way through the
fire and searched for the childron but
HARRIMAN SAID
HE MUST HAVE
that the
“that so
Lester and family was d!scov< red on
fire and before a stream of wate : could
be turned on the whole buildir g was
lending the disaster was the de ath of
two children of Mr. and Mrs. Lester,
trial in each case.
Morrison objected.
EMPEROR OF KOREA
SAYS FORCE WAS USED
he Revie’
he assist
latter.
secured.
Chrman
G\
R
owder
es
ING.
backach
ly period
ase of 111
rdui. 4
i
IDSHIPMAN MERELY MUST
KEEP WITHIN LIMITS A
YEAR FOR CAUSING
BRANCH’S END.
trans-
perlod.
Benjamin S. Gallu
dolph A. Ghringer,
Texas- George
I
By Associated Press.
Washington. Dec. 12.—Confinement
to the limits of the naval academy for
4
th* vei
rton. 1
LIEUTENANTS CHARGED
WITH MISCONDUCT
horse.
James
Jail.
W. T.
Woco,
Ing to
ilroad
b,
TOBACCO FACTORY BLOWN UP
grounds.
In his review of the case the secre-
Calhoun, Liberty;
Mason; Clara I. T<
should not have come Into the situ-
ation without consulting him, and that
I ought to let him have an equal share
in the Hyde stock.
“I declined.
"He objected to the trustees and
the correspondent, that the i
from Chang Chu to Kirin will be
ferred to China after a limited
Eckford Died in Jail.
Special to The Statesman,
: her to ’
iter dis- I
‘ookwood, Sealy; W.
*- ’ * -h, At-
TO HAVE. ESCAPED EASILY
torium committee says auditorium will
be built.
Ludwig Zinker case still on trial.
Rain prevents camp work, but Gen-
eral*ee makes inspection.
General Lee made inspection of reg-
ulars’ quarters at Camp Mabry.
Travis County Medical society meet-
ing postponed.
F. L. Hoxie entertains friends at
the Driskiil.
Marble and granite men hold annual
convention
ry day of my
The emperor
spoke at length on the i
defendants to separate the
By Associated Press.
Fort Leavenworth, Kan., Dec. 12c2
raltoyt
Burbank and Firet Heutenant David
A. nyer, both ot the sxth Infantry,
bav. been placed in Jail in th* Philip-
pines for "conduct unbecoming officer*
of the United States army." The en-
act nature of the charges is not known
Lieutenant Burbank cam* Into prom-
Inonco by becoming engaged to a prom-
inent Leavenworth woman while *U1I
’ - s
Hodges, electrician, was the first man
to respond to the call and running
through a bed room grabbed a quilt
By Associated Presa, .
New York, Dec. 12-Thomas F. Ryan
today appeared before the insurance
investigating committee and told what
H. H. Harriman said and what he
threatened to do when he demanded
that Mr. Ryan concede to him a share
in the control of the Equitable Life
Assurance society last June. Mr. Ryan
assured the committee that he had
meant no disrespect by his former
refusal to disclose the conversations
and said that he had determined to
his admission to the academy referred
specifically to these articles, the de-
partment holds that he can claim no
mmunityon the ground of ignorance
of a law which it was his duty to
know.”
tung L-—
Russia would have had to evacua
it also has been decided, accordi
By Associated Press.
London, Dec. 13- The
IN BOND SUIT SOUGHT BASEBALL MEN IN NEW
------- YORK FOR MEETINGS
and it is presumed she was sei
an attack of vertigo, causin
fall into the fire. She was uver ura- ,
covered by two children, who gave the
----
BROKER BURNED TO DEATH
FOREIGN.
1 ■ - -
। Pope urges Poles in Russia to work
for peace.
4 Lieutenants in the Philippines
4 charged with grave misconduct.
Boerne;
Do Kalb;
Isoe,
nue.
that he deals directly with the secret
tary of war in relation to canal mat-
ters.
He admitted that to some extent in-
formation was furnished for the public
press. Mr. Bishop declared that he was
not expected to create pablic senti-
ment, but to keep it normal. In expla-
nation he said there had been a deter-
mined effort on the part of opposition
interests to direct public feeling
against the canal and that before he
entered the employ of the government
his services had been bought by those
in authority at more liberal compensa-
tion than be is now receiving.
Mr. Bishop specified the Nicaragua,
the Tehuantepec and the Drlan canal
and ventured to surmise that the trans-
continental railroads also were con-
cerned in the opposition to the canal.
In reply to questions as to the activity
of the railroads he said that he had no
positive information that they oppos-
ing the canal.
The appropriations committee took
consider the matter. Attorney Miller
declared that in view of the fact,’al-
though the defendant had entered e---
much of the penalty as might debar the
accused from service on any practice
ship attached to the academy be re-
itte."
Early today Secretary Bonaparte re-
reived a call from Representative
Broussard of Louisiana to the naval
Academy and made known to him the
sentence of the court and the depart-
ment’s action thereon. Mr. Broussard
assumes the duties in Washington ever
to the extent.of signing checks an<
alarm.__...10
Lipscomb killed by Fall.
I Special to The Statesinan.
I Wharton. Texas, Dec. 114W: ,W.
Lipscomb, Sr, of San Antonio and for-
merly a banker at Luling, Texas, was
thrown from his horse and sustained
internal injurif 3 from which he died
last night at his brother’s plantution,
about four miles from Wharton.
AUSTIN, TEXAS.
WEDNESDAY,
DECEMBER 13, 190S
----"
of prejudice and in failing to sustain
(the challenge of Rear Admiral A. H.
McCormick, U. S. N., retired, on several
tary says:
“Under the first charge there was
and slay the said James R. Branch,
Jr.”
I eview be made public. The secretary
tays there is perhaps room for some
joubt whether the puhishment Imposed
might not justly have been made more
severe, and disapproves the action of
the court martial in sustaining the
challenge of Commander S. A. Stanton
as a member of the court on the ground
was finally interrupted
Humphrey, who asked:
“In the case of two post office burg-
lars, we would require them to stand
trial together, would wo hot?
“Yes, your honor,” replied Mr. Miller.
Other attorneys for the packers made
long arguments for separate trials, and
District Attorney Morrison objected
for the government The debates final-
ly subsided into a conference and it
was agreed that all the defendants
would stand trial tocether, the defense
announcing that it hadro desire to prou
i spe- long the trial indefinitely. It was also
oberts agreed that Pboth sides should have
seventeen peremptory challenges for
jurors. Other- challenges may be made
for cause. The selection of a jury will
tho secretary
charge.” _..,00
On the second and third charges,
both of which the accused was found
guilty, the secretary says there was
practically no dispute of the facts and
that “the department has no hesitancy
in approving the findings of the court
lastly above mentioned.”
Of the large amount of testimony of-
fered for the purpose of showing that
fights had been of frequent occurrence
at the academy and that usually no
open arrests were made, he says:
Indian Lands Bill.
By Associated Press.
Washington, Dec. 12.—Senator Dil-
lingham today Introduced a bill to re-
peal the laws providing for the di-
vision of the lands of the Choctaw,
Cherokee and Creek Indians -and the
cession of a part of them and restoring
those tribes to full cohtrol of all their
I lands in the Indian Territory.
bad faith on the part of Japan, tried,
through me, to forestall it by lodging
an appeal with President Roosevelt.
The object of my coming was surmised
and the coup in Seoul was hastened so
gross will have plenty of opportunity
for explanation by that time, it was de-
termined not to restore the 85,500,000
cut out by the house. The examina-
tion of Mr. Bishop who had been re-
i ferred to in house debates as “a press
agent’’ for the commision was of a per-
' sonal character in that he was asked to
define his duties. It was shown that
in addition to acting as cashier, he is
sort of a diplomatic agent, charged
with meeting any possible contingency
that may arise. In the absence of Mr.
Shonts and Mr. Pepperman, the assist-
ant chief of administration, he says he
PACKERS TO BE TRIED
AS ONE DEFENDANT
out my plans without his aid. I said
I intended to divest myself of control
of the Equitable and I regretted very
much to have his opposition, but I
was going to carry out my plans
whether I had his opposition of not.”
"For what reason did Mr. Harriman
correspondent of the Morning Post saj
says that it has been decided byt
second and third.
I Secretary Bonaparte today
the findings and announced
[sentence be avproved but
By Associated Press.
Washington, Dec. 12.—The emer-
yency appropriations bill to provide the
banal commission with funds to carry
m the construction of the canal will
contain no general explanation. This
yas decided upon by the senate com-
nittee on appropriations at a meeting
ast night, in which it was agreed to
report the measure appropriating $11,*
}00,000, the amount named by the house
>111. The first section of the bill in
relation to the issuance of the bonds
was stricken out. A bill containing this
eature was introduced in the senate
by Mr. Teller and will be dealt with by
the finance committee. The bill was
amended further to provide that In the
future no expenditures shall be made
for the canal except by authority of
congress and when appropriations have
been made by congress.
Mr. Taft and Mr. Shonts urged that
the appropriation be increased to $16,-
500,000, the amount named in the bill
before it was amended. They ad-
mitted, however, that >11.000,000 would
be sufficient to carry on the work until
By Associated Prass.
Waco, Texas, Dec. 12--Willlam
T. Woodward, a promlpent and
wealthy cotton man, was burned
to death in his office today. He
had kindled a fire and, it is
believed, fell asleep. The fire
ignited -the furniture and wood-
work and the man was burned
and blistered beyond recognition.
April. In velw of the fact that con- the question of making reports by of-
-------- ficials of the canal commission and in
ales phone(
ense what I
want, and
guarantee |
pianos out
aid for on
s sale has (
very large
an buyers,
ict number
plied their
nstruments
rated, and
made by
r it would
r unbelief
rmined to
organs at
ng greater
terms than
is country.
u to come
• wait and
ut in the
all during
s and the
ir the fine
such great
1 9 o'clock
wanted no partners in the enterprise.
Mr. Harriman did not get the coveted
shares in the stock. Mr. Ryan de-
clared that this interview took place
within a few days alter he got con-
trol of the Hyde stock.
"What did Mr. Harriman say to
you about sharing the Hyde stock?"
asked Mr. Hughes.
“Immediately after the purchase of
the stock,” said Mr. Ryan, “Mr. Har-
riman called on mo. We nad several
conversations, Mr. Harriman sald l
married to Concepcion Vasques, a Fil-
ipino. The Vasques woman stopped
the marriage of Burbank to the Leav-
enworth women and recently secured
a conditional divorce from him.
It is stated that the sentence grow-
ing out of the court martial that re-
cently tried Lieutenant Buhbank is
ready for approve by President Roose-
velt, and that it imposes fifteen months
imprisonment in a penitentiary. Court
martial in Burbank’s case grew out of
the' charges made by the Vasques
woman.
the accused was unfamiliar with the
articles for the government of the new
navy and had not been especially in-
formed of the rules against quarreling
and fighting contained in the third
paragraph of article 8. It appears very
clearly, however, fom the record that
the articles for the government of the
navy were consplcuously posted on pne
of the practice floors and read once
each week to the midshipmen on board
(the accuse! being one of the latter),
and since the oath which he took since
a cablegram from Korea in which the
emperor declares the agreement be---—------
tween Korea and Japan null and void arrival in Wasl
because it was obtained by force. He felt certain that if-----------------
also declares that he will never sign could be made aware of his sentiments
this agreement in the present form, the American government would hesi-
and that the incidents attending the tato and would ask a few questions
outrage of November 17 are likely to before accepiing Japan's statements at
occur again. once.. The authorities in Washington
Concerning the cablegram from the’were almost immediately notified that
emperor of Korea Mr. Hulburt said: this petition was to be presented to
“This is the first genuine word that President Roosevelt, but no arrange-
bag been received from Korea, giving menta were made for its reception until
the real attitude of that government after Japan’s statement was accepted
toward the treacherous act ofi the Jap- and acted upon. The object of the
anese. For several weeks the em- cablegram is to disavow any acqules,
peror was practically in confinement, cence in the so-called agreement and
and Japan gave out the false state- incidentally to call attention to the
ment that an amicable agreement had clause in the treaty between the Hnied
been reached. This is now proven to States and Korea in which the United
be untrue. The .agreement was made States promised to use its good offices
under duress and at the point of the in case Korea is oppressed or wronged,
sword, but the emperor has at last The United States was in full treaty
succeeded in piercing the cordon of relations with Korea up to the time
Japanese and getting information to when, upon the representations of
the outer world. Japan alone and apparently without
“As my mission to America is no consulting Korea, this govortiment took
longer a secret I may add that the the lead in cutting off diplomatio re-
emperor, anticipating some such act of lations with Korea.”
wanted to name two of them. Ho
said:
“The department has nodifficulty in
holding that the sentence is amply jus-
tified by the ofense. There is, indeed,
room for doubt whether the punish-
ment imposed might not have justi}
been made more severe but as to this
the department need express no
opinion.”
Diplomatio Agreement.
By Associated Press.
Washington, Dec. 12.—A cablegram
received at the state department today
from Caracas says that the agreement
has been signed there providing for
the establishment of full diplomatic
relations between Colombia and Vene-
zuela.
ip. Hammond; Ru-
Nepollanville.
Special to The Statesman. ।
Orange, Texas, Dec. 12.—At 2 o’clock
this afternoon a frame house ov i
By Associated Press.
Elkton, Ky., Dec. 12.—The tobacco factory hero owned by Messrs M.
B. Penyck and operated for the tobacco trust by the American Snuff
company, was blown up with dynamite this morning. There was no
loss of life, but the damage to the factdry is complete. There was no
insurance on the plant, as the insurance company had only a few days
ago canceled the policy, owing to the excitement caused in the locality
by the acts of some of the members of the Dark Tobacco Growers’ as-
sociation. The deed is thought to have been committed by parties
friendly to the Dark Tobacco Growers’ association, but the latter has
severely condemned such action.
amendments that had been offered. | Louisiana Doing Well.
Senator Morgan said that before any | By Associated Presa
amendments were voted on or the trea- Rockland, Maine, Dec. 12.—The bat-
ty itself was discussed, it was desirable i tieship Louisiana, a product of the
to have further information as to what I Newport News Ship Building and Dry ,
had been done during the recess of the I Dock company, arrived here at sunset
senate. If the provisions of the treaty ( and tomorrow will have her screw
had been carried out before the treaty standardizing trial over the govern-
has ben referred it was desirable to | ment course. During the run up M
know why such action had been taken (coast one and a half hours was made
and by what authority. Then Senator [under full power, and the log showed
Lodge withdrew his motion, an average of 18 1-2 kngts and an avers
----♦ »»------ age screw revolution of 123. The con-
.... ...... tract speed calls for 18 knots an hour.
from Oklahoma sent here for the pur-
pose. The bill, however, will not be
reported to the house until after the
caucus acts on it.
There is known to be some opposi-
tion to statehood as proposed in the
bill, but this opposition is not regarded
as serious endigh to hinder the carry-
ing out of the plan for the house lead-
ers and may not be manifest in any
way. It has been decided that hear-
ings on the statehood question are un-
necessary
row or Thursday afternoon or evening. -------- -------- - ..
The committee on terftories will meet A. Hawn, -Athens;rAnna J. Roch, At-
in the morning and perfect the bill, to lanta; Jefferson D. Bell, Bartlett;
which several minor amendments will George W. Capp, Hubbard; Harvey L
be made at the suggestion of delegates Twyman, Rosebery; Charlie Simmons,
Valley Mills.
cial pleas under the law, MeRo
must be discharged. Judge Humphrey
said that he understood the law to be
lows:
That Harriman demanded one-half
of the 502 shares of stock of the Equi-
table Life Assurance society which Mr.
Ryan had purchased from James H.
Hyde and which gave Mr. Ryan control
of the property. That Harriman
threatened, unless he was conceded
this share in the control of the 80-
clety, to exert his political and ail
other influences against Mr. Rvan and
his project. That Harriman declared
there probably would be legislative
action and that in that event his
Influence would bo important. That
Harriman demanded the right to name
two of the five trustees to vote the
controlling stock in election of the
directors of the society.
In reply to repeated questions by
Charles B. Hughes, counsel for the
committee. Mr. Kyan stated that Mr.
Harriman’did not threaten there should
grand jury.
The case had scarcely opened before
the government and the defense clash-
ed in a mild way. Attorney John 8.
Miller, acting for the packers, demand-
ed without qualification, that the
charges against Samuel A. McRoberts
of Armour & Co., one of the defendants,
be dismissed at once. PistrletsAttor-
ney C. B. Morrison, for the government,
asked for one day's time in which to
here.
State falls heir to 881.10 left by a
Dallas woman, for which there were
no heirs.
State penitentiary board meets thia
morning in the executive department.
J. W. Blake of Dallas candidate for
railroad commissioner.
State institutes suit against Globe
Benefit association for forfeiture of
permit.
Thompson residence on Rio Grande
street robbed and considerable booty
reprimand by the secretary of the navy
is the sentence of the court in the case
of Midshipman Minor Meriweather
Ur., tried by court martial at Annapolis
Ion the charge of manslaughter, viola-
tion of the third clause of the eighth
(article for the government of the navy
land conduct to the prejudice of good
[order and discipline, all three charges
(arising from a fist fight between the
bnldshipman and Midshipman James R.
(Branch, Jr., on November 5 last.
| Two days later Midshipman Branch
died. The accused was acquitted of
the first charge and found guilty of the
“This evidence seems to the depart-
ment altogether immaterial as affect-
ing the guilt or Innocence of the ac-
cused. There can be no such thing as
a lawful custom to commit a crime,
and the fact that, through the laxityof
vigilance on other persons in the ser-
vice in which offenders escape punisn-
ment should be in no wise involved the
accused in the violation of the law. 2.
j “That the participants in the fight
all knew they were doing something
wrong is sufficiently shown in the
opinion of the department by their in-
terrupting th^flght when one officer
was believed to be approaching the
room where it occurred. They may
not have expected to receive adequate
e punishment, but they felt it was to
i- their interest to avoid discovery. This
was also evidence tending to show that
__4------
— —.... i Special to Th* Statwirn*n.
Lodge moved to send back to the -."13 ana
mitfee on foreign relatiota the seatylderon.came.vstown xerenaa
tn relation to Santo Domingo affaire, surzenderea.t Sh m K0 killing AU
Opposition developed and Senator I now being held in Jail for killing A (
Lge withdrew his motion. When I Kuykendall near Bonus last Saturday.
Mr. Lodge was asked why he desired The trouble originated over a gama of
to have the treaty sent back to the for- ] cards and resulted in Kuykendall being
eign relations committee, he said that shot and instantly killed.
It might be desirable to consider the | a ■' •
The court found this specification
“not proved,” and the accused “not
guilty” of the first charge, and acquit-
ted him thereof. “The department ap-
proves these findings and this acquit-
tal. The specification was drawn upon
the Information as to the cause of the
late Midshipman Branch's death which
the department had prior to the autoP.
sy performed during the trial. Tht
autopsy disclosed certain facts which
might justify a reasonable doubt
whether the death was in fact due to
the blows inflicted by the accused,
there being at least a possibility that
it resulted from a fall, of which sev-
eral occurred during the first fight in
which these blows were dealt. There
is ground to claim with some force
~ororea 'that the manner and means",whereb¥
approved the accused ‘did kill and slay., de-
ceased are not those set forth in the
specincation. This contention. Is cer-
tainly technical and th* department la
not to be undersood as endorsing this,
but the accused was undoubtedly en-
titled to the benefit of any reasonable
doubt, and the record discloses a state
or proof which, if it did not compel
at least justined an acquittal of this
Chicago, Dec. 12.—Attended by an
imposing array of legal talent and
crowds of spectators, the last prelim-
inary to the formal trial of the “beef
trust” cases began here today before
Judge Otis Humphrey in the United
States court. The issues to be tried
were on ten special pleas raised by the
packers and which must be settled by
a jury trial before action is taken on
the indictments returned by the federal
RY.r®i^Se^ 0W DEMAND
FORUUNIUL vJ EQUITABLE
WAS PRESSED BUT
xpressd his satisfaction with both,
ind it is understood that no congres-
ional action will be asked in the case.
As soon as the necessary copies could
>e made Secretary Bonoparte ordered
that the sentence of the court and his
but one specification of which the ma-
terial position alleged that the accused
it a time and a place specified, “did
then and there, with his fists, upon
the body and head of the aforesaid
James R. Branch, Jr., Unlawfully and
wilfully strike a number of blows from
the effects of which blows the said
fames R. Branch, Jr., did die and the
aid Minor Mriweather, Jr., in the man-
er and by means aforesaid, did kill
nrnev Miller i be legislative investigation unless ne
mgz of the wfts given a share In the Equitable
ie trials and control, but said there probably would
by Judie be such action. Neither did Mr. Har-
riman threaten any action by any
yB answer the questions to which he re-
he, fused replies on Fridoy last, because
Japaneso anchnese commissfonersPistpietAttornev Jerome sald ho ought
whoaro.conductirgonegotiatlona.atPo:l Mr- verslon o« what Mr.
kin, thatvaran »toex aauAtetheFtAatiHarriman demanded and what he
pennsutAon.thea samevdeuattbi #^threatened to do upon the refusal of------ . --------- „
a would have had to evacuate it his demands was insubstance as fol- aaid he did not think I could carry
Nominations Confirmed.
By Associated Press.
Washington, Dec, 12.—The senate in
executive session today confirmed the
following nominations:
James Kellogg, Louisiana, consul at
Colon, Panama; Thomas B. Vanhorne,
Ohio, consul at Rosario, Argentine re-
public.
Postmasters:
Louisiana—Arthur A. Boudreaux,
Thibodeaux; Cora Sharples, De Ridder;
want halt the utock?‘ asked Mr.
Hughes.
"For .the reason that he had been
in the Equitable as a director and was
not satisfied that the oontrol should
be in my hands.” replied Mr. Ryan.
"He said his whole infuence would
be agalnst mo. He said his political
Influence would be against me, but no
did not mention any names. He said
the legtslature would probably take
action, but I don’t think he mentioned
an investigation. I think he said leg-
islative action would probably result
and that his influence would be im-
portant. Mr. Harriman did not 84y
anything about legislative action in
the event that I acceded to his re-
quest. He did not say how his actions
in the matter would be important.’
In replv to questions by Mr. Hughes
Mr. Ryan said Mr. Harrimn did not
say in so many words that his politi-
cal, influence would be against Ryan,
but the witness understood Harriman
was to use his entire influence, whether
political, financial or otherwise.
“Did ne refer to the political influ-
ence that he would exert, at the inlert
view at which Mr. Root and Mr.
Cravatb were present?” asked Mr.
Hughes.
L “My recollection is, that he ld. .
“Did he refer to the probability of
legislative action at the same inter-
viow?‘
“He did.”
"Did he threaten any action of an
By Associated Press.
Washington, Dec. 12.—The house
will dispose of the statehood question
before the holiday recess, according to
the plan formulated today. The pre-
cise manner in which statehood is to
be granted to the four territories will
be set forth as in the Hamilton bill,
giving statehood to Arizona and New
Mexico as ou~stat and to Oklahoma
and Indian Territory as another. The
bill embraces the minor provisions
agreed upon by the conference com-
mittees of the two houses at the last
session of congress. The plan lor
statehood legislation will be made
specific at a republican caucus of mem-
bers of the house to be called tomor-
Wys forced to abandon his effort in or-
der to get a breath of air. As soon
as a hose reached the place and flames
had sufficiently subsided to admit fur-
ther search, the children. Duh fright-
fully burned and quite dead, were dis-
covered on their knees, faces to tho
floor, with their little hande clasped
over their eyes evidently in an attempt
to prevent the flames from reaching
these parts. The mother tn her frantic
efforts to save her babes was also
badly burned about her hands, arms
and face.
Mr. Lester ha left the house an hour
before and as It was ten blocks from
his place of business, reached home
too late to help much in trying to res-
cue his children. He wasbadly burned,
Mr. Hodges received severe burns also.
L088 on house 8900; Insured In the
Southern Insurance company for $600.
No Insurance on furniture. Besides los-
ing 8200 worth of furniture, all of the
family wearing apparel and some jew-
elry, Mr. Lester had 8100 in currency
consumed in the fire.
Anto* Rebate Measure.
Washington. Dec. 12.—Attorney Gen-
eral Moody today sent a circular letter
to all the United States district attor-
neys, eighty-five in number, directing
them vigilantly to enforce the provis-
ions of the Elkins act against rebates
and discriminations of -all kinds by
railroads. The method of proceeding
suggested is by way of indictments.
It is expected that this letter will
result in the prompt investigations of
all complaints made of discrimination
made by railroads. The department
itself, it is stated, has investigated
thoroughly all cases of discriminations
brought to its attention, but it has not
the facilities for a prompt investiga-
tion of the discriminatory practices all
over the country and it has been felt
that these cases were of a nature that
could be safely entrusted to the dis-
cretion of the district attorneys. In
his letter the attorney general says:
“Whenever it is practicable, it is de-
sirable that indictments should be re-
turned both against the shipper and
the carrier. In some cases, however,
it may be impossible to obtain suffi-
cient evidence without the aid of the
testimony of one of the guilty parties
to the transaction. In such cases it
would be wise to use such testimony, of
course granting to the witness immu-
nity from prosecution.
“Under the Elkins law the only pen-
alty for its violation is a fine. I sug-
gest to you in all cases where the eV.-
dence would warrant it, that an indict-
ment for conspiracy to commit an of-
fense agalst the United States be pass-
ed upon section 5440 of the revised
statutes be obtained.
“The supreme court has held in Clune
vs. the United States, that a conspir-
acy to commit a crire. itself punish-
able only by fine, may be punished by
imprisonment In the event of a con
viction upon the charge of conspiracy
of this conviction you are directed to
present to the court the desirability of
inflicting penalty of imprisonment.
LODGE backed out.
Morgan’s Comment Upon Santo Do-
mingo Treaty effective.
By Associated Press.
Washington, Dec. 12.—Tn executive
session of the senate today Senato
San Antonio, Texas, Dec. 12.-
James Eckford, at one time one of the
leading criinal lawyers of this sec-
tion. was found dead today in a cell
of the city jail. _______
NEGRESS FELL INTO FIRE.
Bryan Woman Found Dead and Acci-
dent Easily Traced.
Special to The Statesman.
Bryon, Texas, Dec. 12.—A tragic ac-
cident occurred in the northwest part
of the city, late yesterday afternoon
which ended the life of a negroess
named Laura Calvin. She was alone in
the house when the accident happened.
dismissing the case against McRoberts.
James R. Garfield, commissioner of
corporations, on whose testimony most
of the government cases depends. woe
among those in the court room today.
The "torneys for the defendants de-
manded for their clients a separate
that regard the provisions of a bill
adopted by the senate committee on
interoceanic canals last congress were
agreed upon.
If tho finance committee reports
promptly the Teller bill in relation to
the bonds it is impossible that in the
interest of saving time this may be at-
tached to the bill as a new section and
other amendments decided on by the
appropriations committee. Senator
Allison will have charge of the bill on
the floor. It will be reported to the
senate early tomorrow.
. Rnerinl to The Statsman.
, Houston. Texaa, Dec. 12.—Application
has been made to secyre a change of
' venue in the case of the Houston Fire
‘ and Marine Insurance company against
Mary E. Swain. This is the action
Lront to scure redress for losses
sustain^ the alleged forgery of
th- 133 Austin refunding bonds. One
• "nred and fifty thousand dollars is
involved The motion was presented
J Judge C. E. Ashe. The motion for
I hange of venue sets up the fact that
Marv E. Swain, the defendant, resides!
7 allas and alleges that under the
Anditons of the action Dallas county
be the scene of trial.
he suit was brought by the Hous-
ton Fire and Marine Insurance com-1
8
A
fixed with '
DOMESTIC.
Tobacco factory at Elkton, • Ind.,
blown up by dynamite.
Senate passed first bill of new ses-
slon. ‘ .
Midshipman Meriweather {ets one
year confinement in limits for fight
tatl to Branch.
Cars went bottom side up down bank
on Southern road; three persons badly
hurt.
Six children burned to death at Du-
bois. Pa.
Canal h1ll agreed upon to carry
eleven million.
All plans made for Immediate action
on statehood for territories.
Ryan tells of Harriman's demand
for share of control' of Equitable.
Santa Fe gets Southern Californta.
Beef trust cases at Chicago to be
tried together.
STATE.
Child burned to death near New
Braunfels.
Olmito votes for ditch bonds.
Children lost lives in burning house
at Orange.
Change of venue sought in suit
against Mr. Swain relative to bonds.
Bryan negress fell into fire and was
burned to death.
Bob Anderson surrenders for killing
near Bonus.
w. w. Lipscomb killed by fall from
Railroad commission held its regular
monthly session yesterday and dis-
pored of several proponrionshan hpre fromabed, wrapped it about hr, head
Quite a number of railroad men nere ’ . .. .
before the railroad commission. Big
delegation of business men of Houston
entirely enshrouded in flames
building and contents proved :,
loss. A most distressing feature at-
officer of the government.
It was a strenuous interview, Mr.
Ryan said, and was held in the pres-
ence of Elihu Root, then Mr. Ryan'*
counsel, now secretary of state, and
Paul D. Cravath, also Mr. Ryan’s
counsel.
Mr. Ryan told the committee that
I e drew tbs inference from it that
Mr. Harriman did not want anybody
to control tho Equitable unless he had
aPshare in 4L • . - . ’ * J
Mr. Ryan also stated that he paid
no attention to Mr. Harriman’s state-
ment that his Influence would be im-
portant in the event of legislative
action, and Informed him that he
■
mother was bury about her household
duties in the front part of house and
the little ones were playing in the
kitchen when the alarm was given and
when she rushed back to get them out
the room was so full of flame and
smoke she was unable to enter. P. P.
the period of one year and a public
By Associated Press.
Washington, Dec. 12- Homer B.
Hulbert, the special messenger from
the emperor ef Korea, is in receipt of
puny after the discovery of the alleged ......_
forgery of the bonis. Colonel Swain
died some time ago. No case of its J
EEEeE
the far t that the attorneys were on- league annual meeting, while the re- pennant for 1905,wasformaly awarded
gaged in the trial of cases in other mainder have gathered for the meeting toithe.New-orkcu;iomeg
'"2" •"132583
when ha l. not engaged. ro-eleckion of president and weeretary dub from 1700 "o *1500
. ' ■ ’ . gg
The Austin Statesman
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The Austin Statesman (Austin, Tex.), Ed. 1 Wednesday, December 13, 1905, newspaper, December 13, 1905; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1455389/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .