Rejects Appellate Court Govern
ment's Petition in Case of the
Big Landis Fine.
JRESENT CRITICISM IN PLEA.
Next Move "Will Be an Application
for Review by United States
Supreme Court.
The petition by the United States
government for a rehearing of the ap
peal of the Standard Oil Company of
Indiana from the $20,240,000 fine of
Judge Landis was overruled by Judges
Gros cujIaker and Seaman in the Uni
ted Slates Circuit Court of Appeals at
Chicago. In abrief opinion , delivered
by Judge Grosscup , the original opin
ion of the court , reversing Judge Lan
dis' decision , was upheld. The case
now lies in the hands of Attorney Gen
eral r onaparte , and it is expected that
he will apply for a writ of certiorari in
the United States Supreme Court in or
der to obtain a review of the big case
by the country's highest tribunal.
The contents of the petition for re
hearing , which had the signatures of
Attorney General Bonaparte and Dis
trict Attorney Ivdwin W. Sims attached
to it , are almost wholly ignored by the
reviewing court , reference being made
to ! , ut two points of contention. Then
IIto niniou concludes with what is
GUNNESS MTJKDEB CASE ,
Trial of Alleged Slayer of the Paia-
ily Opens at Laporte.
The opening at Laporte. Ind. , of tht
trial of R.'iy Laniphere for tlie murder
of 'Mrs. ' Bt'lle Gunncss ami Iicr ithree
children by burLiug them to death in
the Ounncss "house of a hundred
crimes" last April brougUi crowds of
farmers and their families to attend
the sessions of the famous case.
While interest in the country at largo
is centered in such further develop
ments as the trial may bring out con
cerning the amazing career of the wom
an who is alleged to have slain eleven
human beings , inhabitants of the terri
tory immediately adjacent to that abode
of horrors , "the Brookside Farm , * ' are
intent on the establishment of guilt or
innocence for Kay Lamphere , the ob-
snire farm hand around whose person
ality has been 'built an extraordinary
structure of bitterness that Involves the
whole of Laporto Counfy. As a result
of the local feeling and of the wide
spread publicity given the case , 500
people had gathered near the court
house before the doors were open for
the first session.
After the first week of excitement
attending the discoveries of the fifteen
bodies on Mrs. Gunuess' farm , where it
is believed twenty-five were murdered ,
attention turned to the mistress of the
place and the various theories concern
ing her death or escape became the solo
topic of discussion.
Nine persons out of fen decided that
she is alive , and to this day the major
ity of residents think she escaped after
setting fire to her home and killing her
children. So it remained for the State's
Attorney to ] ) ick only jurors who believe -
lieve her dead , or it would be impos
sible to convict anyone for her murder.
The most natural conclusion is that
Mrs. Gunness is dead. The body found
in the ruins of the farmhouse apparent-
A
taken to be a criticism of the govern
ment attorneys for the manner in which
they petitioned for another hearing of
the appeal. The Federal lawyers were
inn sparing in their caustic Haw pick
ing MII the Appellate judges' decision'
tbo appeal.
Fine Conld Xot Excccil ? 72OOOO.
According to the judgment , the pun
ishment of the oil company could have
been properly based only on the settle
ments made to the Chicago and Alton
Kail way , from Avhich itwas accused of
accepting concessions. There were
thirty-six of these settlements , and a
maximum fine for all these could have
been but $720,000 and the minimum
$30,000.
In answer to the government's objec
tion that under the decision of the high
er court a corporation may use a sub
sidiary concern to commit crime , while
escaping punishment , the court adds to
the opinion as follows :
"True it is that if one corporation
uses another corporation to violate law ,
just as if one individual uses another
to violate the law , such offender ought
not , though masked , to go unpunished.
And there are ways , as old as the law
itself , to reach and punish 'him. "
October Husiue.x.i Failures.
Dun's Review gives the number of com-
m'Tcial failures for October as 1,187 , in
volving $15S9S. ( ' t > S , a slight increase over
the number and amount for the same
month last year. The Review says that
there is much in the statistics of insol
vency to indicate substantial progress to
ward recovery from the panic which had
its beginning in October of last year.
Steel Trn.xt Doinjj Better.
The report of the United States Steel
Corporation for the quarter ending Sept.
20 is regarded in financial circles as a
favorable omen of better times ahead.
It shows net earnings of over $27,000,000
J as compared with $20,200,000 for the pre
ceding quarter. Still disappointment was
expressed over a falling off in the volume
of unfilled orders.
Strikers in the Philippine public schools
will hereafter be expelled for participa
tion in suck disturbances , the director of
tbe educational board has announced.
ly was the same length as that of Mrs.
Gunness , and later a gold plate , made
for Mrs. Gunness by a Laporte dentist ,
and found in the debris , was positively
identified. Contrary to these facts , which
will form the basis of the prosecution's
contention that Mrs. Guuness is dead,1
the defense will introduce the stakmeiit
of one of the coroner's 'board ' of physi
cians , which stated positively that the
boily found was not that of Mrs. Gun-
ness and the remarkable coincidences
that the main identfying feahires of the
woman's body were missing when the
corpse was taken from the ruins.
The hotly supposed to be that of Mrs.
Gunness was without head or right
arm when found. The woman's right
arm alone would have formed a posi
tive identification mark , as it was de
formed.
The State opened the case with ap
parent confidence that the network of
evidence would prove so strong as to
leave no doubt in the minds of the
twelve men as to the complicity of Lara-
phere in the "mysteries of the house of
horror , " and to show that it was the
woman's former hired man who. the
morning of April 28. set fire to the
house in which Mrs. Gunness and her
children met death.
FACTS POR FARMERS.
A mass meeting of cotton growers an6
allied interests of the South generally
will be held in Memphis.
Rains in the winter wheat belt west of
the Missouri have improved the crop
prospects in that district.
New corn is being marketed freely in
the Southwest and heavy shipments to
Europe are being made from the gulf
ports.
Plowing has been seriously delayed this
fall in the heavy soils of southern Min
nesota by the drought. In some locali
ties wells were going dry before the re
cent rains.
Under the law passed by the last Min
nesota Legislature , allowing co-op ° rative
creameries to combine for the purpose of
marketing their product , six creameries
have united in a corporation , Iming a
capital stock of $12,500.
CORN YIELD IS HEAVY.
Production. Of 2,642,678 000 Bushels
Reported for 1908.
An average yield of 2G.2 bushels of
corn per acre and an indicated total
production of 2,642,078,000 bushels of
corn are preliminary estimates an
nounced in the report of the Depart
ment of Agriculture , summarizing corn
and five other crops. The yield of corn
'per ' acre in 3907 was 25.9 as finally esti
mated , and averaged 25.G for ten years ,
ivhile the production is compared with
2,592,320,000 bushels finally estimated
In 1907. Quality of corn is 80.9 per
cent , compared with 82.8 in 1907 and
54.3 ten years' average. About 2.7 per
vent , or 71,124,000 bushels , is estimated
to have been in farmers' hands on Nov.
1 , against 4.5 per cent , or 130,995,000
bushels , a year ago , and a ten-year av
erage of 4.5 per Cent
I The preliminary figures for important
corn ( States , giving in bushels , the yield
per acre and total production respec
tively are fiS follows :
Illinois , 31.G and 294,800,000 ; Iowa ,
B1.7 and 287,450,000 ; Missouri , 27 and
203,034,000 ; Nebraska , 27 and 205,767-
000 ; Indiana , 30.3 and 137,835,000 ;
Texas , 25.71 and 201,482,000 ; Kansas ,
22 and 152,900,000 ; Ohio , 38.5 and
130,900,000 ; Ollahouia , 24.S and 122-
239,000 ; Kentucky , 25.2 and 84,823-
000 ; Tennessee , 24.8 and 74,747,000 ;
Georgia , 12.5 and 50,438,000 ; Michigan ,
Jl.S and 00,420,000 ; South Dakota , 29.7
and 57,077,000 ; Wisconsin , 33.7 and 49-
074,000 ; Virginia , 20 and 48,828,000 ;
Pennsylvania , 39.5 and 55.814,000 ; Ala
bama , 14.7 and 44,835,000 ; North Care ;
lina , 18 and 50,1GG,000 ; Minnesota , 29
mid 40,835,000 ; Arkansas , 20.2 and
52,540,000. All others 21.8 and 222 , .
451,000.
BIG BATTLE SHIP IS LAUNCHED.
Floating of North Dakota Marks an
Epoch for the Navy.
More than 10,000 persons , including
representatives of two States and o {
the national government , gathered al
the yards of the Fore River Shipbuild
ing Company at Quincy , Mass. , to wit
ness the launching of America's most
powerful sea fighter , the North Dako *
ta. While the North Dakota follows
nearly a dozen great vessels launched
at the Fore River yards , her advent
into the sea was regarded as estab
lishing a new epoch in the history of
the United States navy , because of her
tremendous strength , both on the at
tack and on the defense , by the addi
tional thickness of her armor and by
the fact that she is the first of all-big-
gun ships of the navy.
The christening party came on spe
cially from North Dakota , including
Gov. John Burke and Miss Mary Benton -
ton , together with a number of of
ficials and many women.
The North Dakota is the first Amer
ican fighting ship of the so-called
Dreaduaught class. When placed in
commission , the ship will be 510 feet
long on the load-water line , with a
breadth of 85 feet. 2 % inches at the
same point. The length over all will
be about 518 feet , 9 inches. The - battleship
ship will have a displacement of 20.000
tons , 2,000 in excess of the original
British Dreadnaught. It is estimated
that a speed of more than twenty-one
knots will be attained on her trial , and
that the battleship's horse power will
exceed 25,000.
The annual meeting of the Wisconsin
Central Railway Company was 'held ' in
Milwaukee. The yearly report sShows the
gross earnings of the company to have
been $7,307,311.3. . The operating ex
penses were $5,130,043.09 , leaving the
net earnings of the company at $2,170-
GGS.2G. The company has a surplus of
$2,258,940.10 to be carried over to nest
year.
year.The
The Kansas State board of ra'ilrcad
commissioners has made a demand di
rectly on George Gould , president , and
E. II. Ilarriman. reported to be associ
ated with the Missouri Pacific Railway
Company , that the management of the
road immediately take steps to improve
the condition of the track in Kansas. The
letter also stated the determination of
the board to put an inspecor on the tracks
and to publish weekly bulletins showing
their condition and to regulate the speed
of the trains accordingly.
While Spirit Lake , Hartley , Paullina ,
Primghar. Germantown and Le Mars have
subscribed liberally towards the financinj
of the Sioux City & Spirit Lake inter
urban line , reports indicate that Siouj
City , which is the terminus of tiie pro
posed line , has been slow in subscribing
for stock , and an ultimatum has been is
sued that Sioux City must put up it
money , since it is to be the principal ben
eficiary if the road is built. About $125 ,
000 has been subscribed outside of Sioua
City.
City.A
A union station representing an expen
diture of $31.000.000 is ncrtring comple
tion in Leipsic. Germany , which will bu
among the largest in the world. There
are now five railroad stations in that city ,
made use of by 13 lines , and witih thd
opening of the new station these will all
be abandoned. The new structure will
have 20 parallel tracks , all on the samn
level , to accommodate Mie trains of 1.1
different lines. The main facade of tha
Iniilding will be 1,115 feet wide , over 350
feet greater than that of the new Union
Terminal at Washington , D. 0. , at pre -
ent the largest in this country.
THE OLD HOUSE.
Tne rrults are stored , the fields are "bare ,
The ground Is hard , tite skies are gray ;
November's chill Is In the air ;
To-morrow Is Thanisglrlng day.
Ihe farmhouse stands In sheltered nook ,
Its walls are filled with warmth and
cheer ;
Its fires shine out with friendly look
To welcome all who enter here.
Full forty years hare come and gone
Since first this hearthstone's ruddy glow ,
Fresh kindled , flung Its light upon
Thanksgiving guests of long ago.
Long was the list of squires and dame * ;
From year to year how short It grew !
Read out the old , familiar names
They heard here when this house was
xwrr.
Grandmother ? aye , she went the first ;
Grandfather ? by her side he rests ;
The shade and sunlight , Interspersed ,
Have fallen long above their breasts.
Our aunt ? and uncles ? sundered wide.
Their graves lie east , their graves Ho
west ;
As veteran soldiers scarred and tried ,
They fought their flght , they earned their
rest.
Our father ? dear and gentle heart'
A. nature sweet , beloved by all ;
now early turned his steps apart
To pass from human ken and call !
Our mother ? brisk and kindly soul !
How brave she bore fate's every frown ,
Xor rested till Bhe reached the goal
"Where all must lay their burdens down !
Our brother ? toward the setting sn.
From us remote , his home is nitide.
And many a year Its course has run
Since here his boyish sports were played.
Put by the book ! My heart Is sore.
The night winds up the chlir ey floe.
The fires within gleam as before ,
But none are hero save you and me !
Rut. sister , you and I again
Will heap the hearth and spread the
board
And serve our kindred , now as then.
With all that home and hearts afford.
The scattered remnants of our line ,
We'll summon 'neath this roof once more ,
And pledge. In rare affection's wine.
The memory of those days of yore.
God bless them all.- the fond and true I
God keep them all , both here and there ,
Until the Old becomes the New.
Forever , In His Mansions Fair !
Youth's Companion.
John Warren's Thanksgiving ,
John Warren dropped his newspaper
on the floor of the car and stared out of
the window. Strongly built and hand
some , he was just now wearing on his
face a look of utter weariness , resulting
from a long trip in the West , where he
had been looking after some interests of
the firm of which he was a junior partner.
Nine years before , in a fit of anger , he
had left his home in the country and , too
proud to return , had , by dint of dogged
persistence , secured a humble place in the
packii > s rooms of Brace & Brown's whole
sale dry goods store. Fortune favored
him- , and this same quality of resolution ,
together with application , had raised him
to the position he now occupied. A group
of traveling men were making ready to
leave the train. It was a jocular set
and they had enlivened their trip with
stories , politics and trade gossip , and now
the jolly-faced hardware drummer said :
"Boys , where are you going to be
Thanksgiving day ? "
"I'm going back to the lleshpots of
Egypt and eat my turkey in the country , "
said one.
"Yes , " said another , "I'm going to be
In my old place at the old table with my
white-haired little mother smiling at me
from behind the coffee pot and my dear
old dad piling enough on my place to feed
a regiment. "
"Think of those home-made pies ! " said
another , "those fat moons of apple , pump
kin , mince and cranberry. Say , no res-
taurant-t in-bottom-crust about them. "
"And , " said the boot and shoe man , "to
sit around the old fireplace and watch a
row of juicy apples roasting in front of
that roaring , great-hearted log fire. Boys ,
you couldn't fence me away from home
that day. "
And KO each one , with a home picture
in his heart , hurried out of the car and
up the long flight of station etairs away
to liis destination , while slowly behind
them came John Warren with a surging
tumult of feelings in his breast , and as he
slowly mounted the last step a tear drop
ped on his brown beard and a sudden resolution
elution filled his heart. lie almost shout
ed : "I'm going home , too. "
John hurried to his hotel , and taking
a very shabby suit from his wardrobe pack
ed it with some other things in a large
satchel , and then hastening to the station
climbed into the sleeper just as the long
train pulled out for the east. Arriving
at a point twenty miles west of his old
home , he went to an obscure hotel and
changed his clothing for the old suit in
hi * satchel.
"THURSDAY ALWAYS "
w
THE THANKSGIVING DAY HERO.
Chicago Tribune.
When the " 'levcn forty" pulled into
the town of M two days before
Thanksgiving the usual crowd of loungers
observed a tall , brown-bearded man ,
whose clothes seemed the worse for wear ,
step off the rear platform , and without
looking at anyone strike off toward the
fann of Richard Warren. Much curios
ity was centered on this event until the
seediest looking loafer present said :
"That was John Warren , or I'll eat my
hat ! He's come home to live on the old
folks. It wouldn't be for long , though ,
'cause Squire Cobb has given notice that
he's goin' to foreclose. the mortgage ho
has on the old man's place. "
If they had followed the stranger for
half a mile they might have seen the
strong young man shed heartfelt tears as
he leaned against the old oak tree by the
little gate and gaze earnestly oti the
brown house at the edge of the \voods.
Crushing the snow with hasty steps , he
was soon at the woodpile at the side of
the house. Flinging down his satchel and
catching up the ax , he split an armful of
wood and opening the kitchen door said
in a voLce tremulous with emotion , "Moth
er , is this enough wood to get dinner
with ? "
A cry of wonderful joy and the mother
wept on her son's shoulder while his
father paced the floor shouting , "Praise
God ! Praise God ! ' ' stopping often to
clasp his sou's hand and murmur , "My
boy , my boy. " Then they drew up to
the fire and John said : "Father , mother ,
will you forgive me for my anger nine
years ago and my cruel silence over
since ? " And his mother said : "My boy ,
not a day has passed by that we haven't
prayed for your return , and , now that
you are with us.vo can take a new lease
on life , and" she glanced at his shabby
clothing -"wo will share our little posses
sions with you , my dear , long-lost son. "
As the afternoon wore sway John help
ed his father about the chores and by
skillfully planned questions learned all
about his financial troubles. lie had tak
en his satchel up to his old room and was
washing his hands before supper when In *
heard a light step on the porch and a
bright-faced young woman walked into
the kitchen and seeing him stood embar
rassed until he , coming forward , said :
"This is Anna Scotl , isn't it ? "
"Why , John Warren , where have you
kept yourself all these years ? Oh , how
happy your mother must be ! "
And dropping his hand , which she had
been shaking with greatest enthusiasm ,
she flew down infb the cellar and threw
both arms around his mother's neck , and
that good lady embraced her , weeping and
patting her shoulder with the empty
cream pitcher which she had taken there
to fill.
Mrs. Warren insisted that Anna should
stay for supper. It seemed very much
like old times when John tucked her hand
under his arm and they * walked over the
road they had traveled so often years be
fore. Just as they entered her father's
gateway John said :
"Anna , my parents think just as you
do , that I have made a failure of life.
Well , I haven't. I am junior membr of
a very prosperous firm in the West , bnt I
want to keep the secret a little while
longer and I want you to help me give
them a kind surprise. "
TAS MY JONAH DAY ! "
Thou ho unfolded his plan to her and
her voice rang with delight as she said :
"Oh , John , how lovely that will be ! "
The next morning , after the old family
Bible was read and a heartfelt prayer
offered , John asked the loan of his fath
er's horse and drove straight to Squire
Cobb's office and that worthy being in ,
John said :
"Squire. I came to see you about that
mortgage you have on my father's farm. "
With that he drew from his pocket a
large roll of bank note- ; and counted
down the $500 which would release his
father from worry and misery. John
drove at once to the farm of Mr. Scott
and called "Whoa I" just as Anna , her
father , mother and brother came to the
gate.
gate.There
There were hearty greetings , and then
Anna , all ready for a long drive , sprang
in beside him. How bright the morning
was I How happy were they as the bells
jingled and the sleigh moved over the
wilderness of snow and through the deep
woods. What mysterious bundles they
brought out of the stores in town until ,
when , at last they arrived at A-nna'a
home , the sleigh was loaded with "enough
to stock a store , " as Harry Scott re
marked.
Thanksgiving day dawned bright and
glorious with sun and snow , and early
in the morning Anna appeared and she
"wanted tO help get dinner. " Soon John
(
brought the horse and cutter around and
asked his mother to take a ride with him ,
and finally , after much urging from Anna.
Mrs. Warren put on her shabby cloak and
hood and with a warm soapstone at her
feet was lucked into the sleigh beside
John. He noticed the cloak and gave a
little look of entreaty to Anna , who only
smiled and said : "I wish you would call
at mother's before you come back. " Away
they drove toward the mill and down by
the river , then stopped at Farmer Scott's.
Soon Mrs. Scott was showing Mrs. War
ren her "new quilt , just taken out of the
frames. " and the picture of "Cousin AVil-
liarn , who is on the board of trade , " and
these two good old women talked over a
hundred harmless things which constitut
ed their cvery-day life. John finally sug
gested that it was time they were going
if he could believe the clock of appetite.
Anna met them at the door , her eyes
dancing as she said : "Uncle Warren is
almost ready. You lay oft your things
and sit down at the table. "
When Mr. Warren had finished the ten
derly thankful grace , John's eyes as well
as Anna's were filled with tears. Mr.
Warren turned over his plate and there
lay the canceled mortgage. Slowly he
lifted it. "What does this mean , John ? "
The kind voice of the old man trembled
with emotion as he glanced first at the
mortgage , then at the son. And John's
mother , who had been peering through her
glasses at something which wouldn't pour
out of the cream pitcher , turned the ar
ticle upside down and a bunch of bank
notes dropped upon the table.
Then the old couple saw it all and soon
the three were clasping hands and no one
could say a word until John managed to
murmur : "Father , mother , it's a part o
my repentance. "
The dishes cleaned and put away ,
Anna took the mystified Mrs. Warren
into the little "spare room" and John
asked his father to walk up to his room ,
and there , spread out on the bed , was a
splendid new , warm suit of clothing and
shoes and a fur cap and a handsome great
coat.
coat.The
The old man knelt down by the bed
and murmured , "I thank Thee , Lord , for
my sou. " Then arising , clothed himself
in the first well-fitting suit he had ever
worn. John , too , arrayed himself in his
best , and soon they walked down into the
parlor , where John saw a sweet , matronlj
woman and a pretty young woman , both
smiling and both having evidences of re
cent tears.
During the week that followed John
engaged a hired man to ease his father's
work and a trusty girl to relieve his
mother. He also hired a carpenter to do
some needed repairing and set in motion
many plans for the future comfort of hid
parents.
One day he and Harry Scott hunted
through the woods , and when , tired and
loadid with trophies of the day's hunt ,
they came to Mr. Warren's they found
Jennie Xellis and Anna seated before the
"great-hearted fire. " What
a merry sup
per that was , and how the old people
laughed at the bright sallies of the young
folk 1
Then they roasted apples and told
stories , and John felt that he had faith
fully carried out the program of the trav
eling men.
When he left for the West he carried
in his memory not only the dear faces of
his parents , but the gentle voice of Anna
as she said :
"Yes , but not until June , John. " Chi-
cage Post.