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About The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19?? | View Entire Issue (June 15, 1906)
THE NORFOLK WEEKLY NEWS JOURNAL , , , , . NOHKOMC NK11KAS1CA Kill HAY JUNE 10 11100. TESTIMONY OF ALTSCHULER IS DISCREDITED DY MANY. AMONG THEM HIS OWN RELATIVE * . * * WAS THE LEADINGA FOR " 0/ ; GOVERNOR HE TOLD SENSATIONAL Says He Was An Eye Witness to the Bath Room Incident and Saw Casea of Cruelty Did Not Inform Dr. Alden - den Until After He Left Hospital. Julius Altscluilor , to whom the greater part of the asylum scumlnl was traced , after telling sensational sto rles on the stand this morning , was shown to bo mentally weak , unrella ble , a "great talker , " of forgetful mem ory , a man who exaggerates the truth and a man who has heen much under the Influence of liquor , by his own brother-in-law and those who have known him longest and best. The Investigation of the Norfolk hospital for the Insane was taken up ngaln this morning at the place where It was left oft when adjournment was taken a week ago tonight. All mem bers of the state board of public lands nnd buildings are present and the meeting Is being hold at the hospital. Commissioner Eaton arrived In the city yesterday morning , while Secre tary Galusha , Attorney General Drown nnd Treasurer Mortcnscn reached the city last evening. The parties to the investigation are represented as before , * the governor by John M. Stewart of Lincoln , Dr. Aldcn by Tyler , Mapes and Robertson , and Dr. Nicholson by T. J. Doyle of Lincoln. Henry Richmond is here rep resenting the Omaha World-Herald at the trial , ALTSCHULER IMPEACHED. His Own Brother-ln-Law Says That His Word Is Not Reliable. Jacob Damn , a member of the firm of Danm Dros. , a substantial and re liable citizen , swore that he is a broth er-in-law of Julius Altschuler , has lived in Norfolk twenty-one years , and that Altschuler was in the employ of Baum Bros , for eight years ; that Alt schuler is a great talker , doesn't al ways remember what ho says , many times does not tell the same story twice alike and that he Is a man who drinks heavily. Dr. Bear , who has practiced medi cine in this community for the past quarter of a century and Is a demo crat with a state wide reputation , swore that Altschuler's mental condi tion Is weak , that he exaggerates the truth ; that this is his general reputa tion In the community ; that he "bowls up" considerably ; that he has treated Altschuler for the drinking habit ; that he recommended Altschuler to Dr. Alden - den for' any position available and that Altschuler did not , as he swore to on the stand , ever mention the Shockley case or any other alleged alleged cruelty until after this Investi gation came up. Sol G. Mayer , one of the leading merchants of Norfolk , testified that Altschuler's reputation is "rotten" in this community. Geo. B. Christoph , druggist and a member of the state board of pharma cy , swore that Altschuler's reputation is bad. W. H. Blakeman , member of the firm of Blakeman & Coleman , one of the leading hardware firms In Norfolk , testified that Altschuler's reputation for truth and veracity Is very bad. E. A. Bullock , manager of the Nor folk Electric light plant , swore that Alt&chuler's reputation Is bail. C. E. Burnham , president of the Nor folk National bank , said that Altschul er's reputation is bad. These latter replies were in answer u to the question asked of each , "What is Altschulei's reputation in this com munity for truth and veracity ? " ALTSCHULER ON STAND. Tells Story of Bath Room and Other Cruelties. The most sensational testimony of the Investigation was that of Julius Altschuler , who was the first witness on the stand this morning. He told the notorious bath room story and of the fight between Shockley and anoth er patient on December 17. He said that at that time he was an attendant In the hospital and that about 10 o'clock that night ho went to the bath room to get a drink and that ho found Attendants Ellis , Byerly and Wiles had the patient Shockley in the bath room where they wore bathIng - Ing him. The restraint straps had been taken off of Shockley. As Alt- schuler entered the room Ellis looked up and said : "Dr. Alden stopped us too soon the of a didn't get half enough , " and at the same time Ellis was kicking the life half out of him. "Byerly held the patient by the head while Shockley was being beaten. During the fight before this , Attend Wiles , Hills and lUi'ily luii Shoehloy on tin ? lloor and were pound , Ing him and kicking him , when Dr. Alden don and Dr. Nicholson came In am Dr. Alden Bald : "Tho man has lnu onoimh stopl" Shookley , Altschului says , was badly bruised and was ( ml to bed in the strong room. This \nu at S o'clock and three quarters of an an hour afterwards , Altschulor says the bath room Incident took place , This was about 10 o'clock. Altschulor says ho spoke to the at- tendauts about this matter at the time and was told that ho was an employe hero and that he had better keep still - he would get mixed up In It him- Cyj Altschuler says ho told a friend Yp. A-n about the case at that time , . ' * ysiclan whose name ho refused to < ? lve , but ho did not deny that it was Dr. Bear , and ho said the friend ad vised him that If ho wanted to hold his job ho had better konp still. He did not toll It to Dr. Alden until two weeks nftcr he had left the Institution ( stitution , when he stated that Dr. Al den said he always did have a suspi cion that Shockloy died from his In juries and Altschuler made the reply : "Doctor .there Is no doubt about it. " Altschulcr's testimony gave various allegations of cruelty. He said that he had seen patients choked as pun ishment , jumped on , struck , choked with towels around their necks and whipped with a buggy whip that left welts on the body. In regard to the Presser case Alt schuler said there were no marks on Prosser's body when brought to the hospital. Dr. Nicholson's record shows Prosser's body was bruised when ho came hero. Altschulor says he saw Ellis choke patient Art Plnney as a punishment nnd strike him. Ellis jumped on Patient Balrd's stomach with both feet , while Balrd was In bed. Ellis jumped on Patient Ben Fltzsimmons and abused him until the patient cried for mercy. Ellis put towels around patients' necks and choked them a hundred times. Ellis used a buggy whip on Hewlett until the welts showed on the body. Ellis said this treatment was tame as compared with other in stitutions. Altschuler says ho never told Dr. Alden or Dr. Nicholson about these things until he left the Institution. In regard to Altschulor's drinking he said : "Gentlemen , I occasionally take a drink. Sometimes I had a small llask In my grip but nobody ever saw it. Nobody over saw me under the Influ ence of liquor that is , while on duty. " Ho says Byerly was struck by Shockley In the fight , the blow bring ing blood on his forehead , Ellis often allowed Patient Weiser to strike other patients. Shockley was a powerful man and would have been dangerous if ho had gotten up. Six men were piled on top of Shockley beating him. On cross examination , Altschuler said he formerly worked for Baum Bros , in Norfolk , but refused to say whether he had any trouble with them when ho quit. Mr. Altschulcr was called down for Impudence and disrespectful answers to Attorney Robertson. Altschuler said the first cruelty commenced when Ellis came. When asked to name a hundred Instances when patients were choked with a towel around their necks , he named three , Carl Llchten- berg , Patient Means and John Gllllck. Asked if there were a hundred he said it might have been eighty-five , that it was of such frequent occur rence nobody could keep track of it. He admitted that he never reported a single Instance of cruelty to Dr. Alden until after he left the hospital. The reason for this was for fear of trouble with other attendants. When asked In regard to the six men piled on top of Shockley he said , "Rats , Judge Robertson , I didn't mean they were on top of him. I meant they had hold of him. " He did not name any who were , as he first said , on top of Shockley. Ho says the charge In Wolf's letter that Shockley was Jabbed with a broom stick until he bled , was without foun dation. He never saw any such inci dent. This charge had been traced to Altschuler's story. In regard to the bath room occur rence , he said Byerly was pounding Shockley's head against the wall and that Ellis and Wiles were kicking the big patient , who was standing up , in the stomach. Shockley was over six feet tall. Mr. Altschuler testified that every one In the institution , from the super intendent down to the dishwasher , drank. The statement was made when ho was In a rage over questions that were propounded to him by Dr. Al- den's attorneys. Afterward ho re tracted and said that in his oath in this particular he was only joking. "I was only joking about this drinking business , " he said. Somewhat con fused on the witness stand , Mr. Alt schuler took a pretzel out of his pocket and ate It Ho presented a letter from Dr. Al den , showing that he had resigned and had not been discharged for cruelty as the State Journal had quoted Gov ernor Mickey as saying Altschuler was discharged for cruelty. When this was printed Altschulor wrote a letter to Dr. Alden , stating that unless he received a letter showing that ho was not discharged , there would be some Interesting reading. Asked what he meant in a wash room this morning , when he was over heard to remark , "I'll moke four or .He people go sideways todiiy , " hi Hi-si Haiti it luul no reference to tin iit > liim matter but later said U dli tofor to the asylum matter , but ilir not moan anything. Ilo was asked If he had over boor talked to by Dr. Aldoit'H ntlornoyH In regard to Ihu situation , lie replied IhiU Attorneys Tyler and Hoboitson talked to him but ho told thorn tho.v couldn't gut anything out of him , ami later lie admitted Dial they hud treated od him perloctiy fair and tho.v hail never iiHkod him to lull anything hut the truth. PETERS TESTIFIES. The Steward Knew of No Personal Friction. A. Peters , steward of the Instltu tlon , was the next witness called , and ho said that ho never knew of any poi-Honnl friction between Dr Alden and Dr. Nicholson. Ho said he told Dr. Alden the stories that Altsi'hiilor gave him after Altschulor had loft and he thought that Dr. Alden Imcstlgalcd the stories at that time. PATIENTS ARE CALLED. Several are Placed on the Stand and Give Testimony. After some discussion It was decid ed to put patients on the Maud and to take tholr testimony for what It was worth , the board to decide the value. Arthur Plnney was the first patient called. He is the patient who tried to hang himself with a towel , mil from which incident the towel story evidently grew. He testified that when he first came K > was wild and tried to hang him self , and that Attendant Ellis took lilm down nnd had to use force to gel I he towel off his neck ; that ho knows if no other Incident of cruelty day > r night. Plnney said that Ellis talked with him yesterday about the trial and ; iskd If ho remembered anything ubout trying to suicide with n towel. Thomas Uaelth said that ho saw mtlents kicked nnd struck ; that ho lover saw towels used , lie na\v Dyer- y strike and kick Patient Fit/.gibbons , mil Kills struck him , Fltzglhhons was wild nnd would not quiet down. Ie saw Ellis nnd Pool thump Patient Smalljohn. Smalljohn threatened to strike- Ellis with a mop. The defense ivas necessary to the atlcndu ill's safe- y. Ellis nnd Pool choked and humped Carl Pesko , who < vonld not keep still. Byerly left n scar on Fll/- gibbons' face. Witness said he had lever been abused except Ural waiters iad not ghen him enough to oat for i few days. Raelth admitted that Dr. Nicholson had led his own attorney , Mr. Doyle , and Governor Mickey's nl- ornoy , Mr. Stownrt , to him yester day and that they had talked to him ihotit his lesllmony. He never report ed anything lo Dr. Aldcn ; he never saw any whip. Joseph Merlon said he had always icon treated well ; thai somcllmes pa- ients quarreled among themselves and had to bo restrained ; ho never saw any treatmenl that ho considered rougher than necessary ; he never saw 211IB mistreat patients either here or it Lincoln. Pallenl Ray Rowlett , 18 years old , was next placed on the stand. It Is considered nt the hospital thai this mlienl Is nol really insane bill Incorri gible. He tesUfled that Ellis horse whipped him once and whipped him mother time with a bed slat , each line leaving welts , and lhat each llmo ause was provoked because he was easing older patients. He said that 10 bore no 111 will toward Ellla , be- : ause he only received what he do- erved. Pallent Hans P'elerson testified that 10 had seen patients kicked In the Ide and thai he was Indignant be- ause there were lumps in hN oatmeal. Wants Sane Witnesses. Allorney General Norrls Brown sked If Ihere wore any sane wllness- 33 to testify to the governor's charg- s. He said he would never convict i man on Insane testimony. ATTENDANTS TALK. Give Their Version of Affairs In the Hospital. Atlendanl Bryanl lestlfled thai he aw Altendnnts Ellis and Gross choke Patlenl Frank Salsbury with a hand- ( erchlef around his neck. Ho did not eport this incident because he bought U was not Importanl and he aid ho does nol know of anything wrong In the condition of the hospl- al if ho did he would tell It. Supervisor J. A. Wiles testified thai Shockley died as a result of epilepsy ; hat Presser was bruised when ho : ame as a result of a fight with the heriff on the train. He swore thai Mlschuler was asked lo resign , he ilmsclf having told Altschulor thai Dr. Alden wanled his reslgnalion. Alt- chulor was asked to resign , he said , tjocause of his drinking. Altschuler's statemenl that he was requested to emaln two weeks longer , Wiles says , s untrue. Attendants Robb , Pool and James Taylor teslified lhat they never had seen any acl of cruelly. DR. ALDEN ON THE STAND. Shows by a LetterFrom Governor that Condition Was Considered Good. At 4:15 : Dr. Alden was placed on the stand In his own behalf and to show ; hat his course was approved after ho governor had made his Invesllga- lion of the charges against the man agement of the Institution , the follow UK letter over the governor' * lure uns Introduced : State of N'ohrnnKn , Hvoonllvo Ollloo Uiu'oln , April 12. IIHKDr. ) . .1 M. Al ilon , Silpt. , Norfolk , Nebraska. Doai Sir : Yours of the 11th Instant , m l > iiowliMlglng receipt of eoimninHlon IIF delegate to the ( 'onforoneo of Churl' don and Correct Ion , received. If yon can arrange things to go nwuv I ho I rip would bo n I Co for you anil utvo you n I'O.Ht. I notice In your letter heads that you have your naino at the loft hand corner nnd Mr. Potent' naino at the nthor corner , leaving Dr. Nicholson's naino off entirely. This perhaps has hoen an oversight and not Intended as any dlHCOiirtoHy. You have my permission to go to the conference , provided yon can ar range matters to he away , leaving matters In the hands of Dr. Nicholson of course. 1 WUH very glad indeed lo find the conditions as good IIH they were In the Norfolk Asylum nnd 1 fool confident that you will continue to make stren uous efforts to Improve them. I would .suggest that Mrs. Alden bo very cnro- ful and not take any part whatever In the maimgomont. This will avoid orlt- IdHium on the part of the employes. The wives of the siiporlntondontH In the ether Institutions are very care ful It requires great tact In the hand ling of a largo Institution nnd nil em ployes olmorvo everything going on and sometimes arc led to draw con ditions that make disturbances occa sionally. I noticed that day I was thcro that Mr. Boll did not seem to bo doing very much. If you have work for Mr. Hell so thai ho IH faithfully nt work and doing what IH needed al the Institution , towlt , painting , etc. , I have no objections to bin staying , hul I waul him and every other employe lo be faithful In tholr work to the stnto , and of course yon will look after this and HOC thai thorn Is no shirking of duty by any one. I want to HOO you miccood In your position nnd also Dr. Nicholson. Yon both occupy very re sponsible places In the administra tion of the Institution and I depend upon you nnd will ho greatly dlsap pointed If jou do not siiccood In every particular. Hut you miml ' < u com lo- ous to each ether and kind. I write this In the very kindest foolIng - Ing and regard for yon nnd npproclnto very much the kindness ol yourself and Mrs. Alden to me In my visits at the Institution. Winning you good heniih and suc cess , I remain Yours very truiy , John II. Mickey , Governor. BUFFALO CHIP , 89 YEARS OLD , PASSES AWAY. HE LIVED NEAR NIOBRARA But Two of the Old Chiefs are Still Left One of Them Was Implicated In the Double Murder on Ponca Agency a Few Years Ago. Nlobrnra , Neb. , June 11. Special to The News : Duffalo Chip , a Ponca Indian chief 89 years old , died yeslcr- day on his place Iwo miles from here. Out Iwo of Hie old chiefs are now lefl Standing Bear and Blrdhoad , the latter being the old Ponca who , by the aid of his wife , was Implicated in the double murder on the Ponca agen cy a few years ago. Buffalo Chip's farm contains the remains of fifteen Mormons who died here In the winter of 184C-7. WEDDING AT CREIGHTON. One of the Big Events of the Year at That Town. Crclghton , Neb. , June 14. Special to The News : Chas. W. Nolce of Wayne and Miss Jenovleve Carroll of this cily were married al the Calh- ollc church al 9 o'clock Ibis morning , Rev. Falher McNamero of Bloomfield ofnciallng. The besl man was Mr. Nelce's brother and the bridesmaid was Mr. Noico's cousin , all from Wayne. The bride carried a large bouquet of bride's roses. Following the ceremony at the church there was a reception at the homo of the bride's father , .Too Car roll , a wealthy stock man of this placo. This evening there will bo a big ball at Green's hall. The couple will make their home In Sioux Cily , where Mr. Nelce is en gaged In business. There was a big crowd in allcnd- anco nl the wedding , many being hero from Wayne , Carroll , Lynch and olh- or places. CELEBRATION AT BRISTOW. Big Time for July Fourth In Prepa ration. Bristow , Neb. , Juno 14. Arrange ments are being made for the biggest and most entertaining celebration July 1 at Bristow that has been given In Doyd county. The various commit tees are now at work making selection of orators , listing amusements and preparing for Ihe more novel fealurcs , and assurance Is given by Jos. A. Pa- sek , chairman , lhat all along these lines will surpass anything previously atlompled The Bristow military band and Ihe Echo siring band will furnish the music for the day. Fireworks at night. Flag Day at Crelghton. Crolghton , Neb , , Juno 14. Special to The News : This Is Flag day and nearly every business house in the city is displaying old glory. YOUNG BOY AT NORTH BUND MEETS HORRIBLE DEATH. WAS DRIVING CORN PLANTER Team Rnn Awny nnd Hln Clothing Was Caught on the Screw nnd Wound up In the Machine His Head Was Beaten to a Pulp. Fremont , Nob. , Juno 11. Hpcolnl to The News : A special to the Tribune from North llonil says that Wllllo Nooly , twelve years old , WUH killed while working In the field this morn ing. Ho wan driving n corn planter to break the crnsl of the neil , when the hoi'Hus ran away. Ills clothing was caught on the screw nnd wound tip In the machlno. Kvory bono was broken and his head was beaten to a pulp. Ilo was an only won. TOOK STRYCHNINE AND DIED. Little Girl nt Crowcll Plnyed She Was Taking Medicine. Fremont , Nob. , Juno M. Special to The News : A special to The Tribune from Crowoll Hays that Gertrude limit- r , aged llvo years , took strychnine , playing that nho was Inking medicine , mil died In an hour. DIED IN HIS FIELD. Aged Farmer of Grand Island Dies of Heart Disease. Grand Island , Nob. , Junn 14. Spo- lal to The News : John Noiibert , ar , , igod ( ! l , was found dead In his field oday , heart disease evidently having teen the cause of bin death. Ilo had icon loading hay. POSTOFFICE CALLED BURKETT Nnme Conferred In Honor of Junior Senator From Nebraska. Grand Island , Nob. , Juno 11. Spo- lal lo The News : Postmaster Stnloy if the Soldiers Home , today received ils commlKHlon an postmaster of Ilur- iott , Neb. , which IH the niune that .the HMlolllcc at the Soldiers Homo will lorenftor bo called. It IH changed Vein Homo to Hurkoll In honor of the inilor Honator from NohniHka. ROBERT B.JOOSEVELT Died This Morning After Illness of Several Months. Sayvllle , Lorn ; Island , Juno 14. lobert II. Roosevelt , undo of Presl- leal RooBcvoll , died llila morning af- or an Illness of several months. EPWORTH LEAGUE OFFICERS. Elected at the Close of the District Convention. Nollgh , Neb. , Juno 14. Special to The News : The following ofllcors were elected al the close of the ills- .rlct Epworth League convention hold n Ibis city last week : J. P. Yost , lalnvlow , president ; Miss Galbralth > f Spencer , Miss Thompson of Tllden , Miss Slrnln of Crelghlon , Miss Crnlly : > f Elgin , first , second , Ihlrd and fourth Mco presidents. Miss Whltmore of 3lglu , corresponding secretary ; O. olgrove of Meadow Grove , recording iccrelnry ; Frank Baker of Tllden , reasuror ; Miss Blthell of Norfolk , unlor superintendent ; A. L. Kellogg , Thomas Blthell , C. O. Trump , execu- Ive committee. Pierce wan selected tin the place for holding Ihe noxl con vention. REVOLUTIONISTS AT WORK IN THE RUSSIAN ARMY. REFUSE REQUESTS FOR TROOPS Soldiers Sent to Quell Agrarian Dis orders Fraternize With Peasants. Industrial Outbreak Is Expected at Moscow. St. Petersburg , Juno 14. Ominous of Ihe government's inability to cope with prospective agrarian disorders Is the news from Poltava , one of the richest and most populous farming provinces of Russia , thai the governor Is in daily receipt of requests for troops for the protection of estates from the peasants , who bavo nol the slightest fear of the rural guards. The Governor Is unable to comply with those requests , because the local troops , one regiment of which mu tinied Sunday , are so Infected by the revolutionary propaganda that detach ments gent to Ihe villages Immediate ly fraternize with the peasants. The governor therefore begs the St. Peters burg authorities to send him fresh troops. Conditions similar to those In Pol tava probably are widespread. In deed , the army Is a frail rood for the government to lean upon , If It rejects parliament's agrarian scheme. The general staff objects , moreover , to furnishing more troops for police duty and has refused requests for guards for government liquor shops , which are increasingly subject to attack , on the ground that to comply with all these demands would Interfere with IHt ( JONDinUiNJIF IHE WhAfBER Tempernture for Twenty-four Hour * Forecnst for Nehrnnka. Conditions of the wont her as record- oil for the twenty-four bourn ( Muling nt 8 a. m. today : Maximum 79 Minimum 40 Average 02 llaromoter . .30.00 Chicago , Juno 11. The bulletin In- Htiud by the Chicago Htatlon of Iho United HtntOH weather bureau Ihln morning gives Iho forecast for No- hniHlcn OH follown : Partly cloudy and warmer tonight and Friday. luu ( . .laicgic nocdHxIty of the empire An Industrial tein petit , soeins to hn on the point of breaking at Moscow , wlinnco it may iiKnln spread over the cmplro. A final conference bntwonn the employers nnd prlnlora , whowo ntrlko produced Iho general nlrlko of lasl October , In being hold. If It Rhonld bo fruitions the rosiilt will ho a lockout of Iho printers , nnd probably a sympathetic factory strike. INSURRECTIOfflfKOREA Walled City of Hong Ju Attacked and Seized by Insurgents. Victoria , I ) . C. , Juno 14. The seam- or TldyoiiB , which arrived from the Orient , brought news of an Insurrec tion In Katun , commenced on May 25 , when the walled cily of Hong Ju was nltaokod and oulzod by Korean iiiRiirKontn , Hong Ju wan garrlBonud by JapfiiiUHu gendarmes and pollen. The Japanese defended the wall anil approaches with illloH , but being short of ammunition , retlied nl night. The refused readied Yosnu and tola- graphed to Seoul for assistance. A Japanese voHfiel Is being sent to their relief. Moanyhllo 300 Insurgents oc cupied Hong Ju and began n revolu tionary propaganda , which resulted In their force holng greatly augmented , nnd outbioaliH oeruirod alfio al Ando- Ing and Ponghnwal , In Klong Song province , to the wontward , Iho rebel ranks being filled with former Korean soldiers , armed with modern rllloa , moHtly ( lied with rebellion against the recent Japanese sol/.uroH of land , etc. , following the occupation of Korea " 11 IS KANSAS CITY JURY DECIDES IT GRANTED REBATES. SHOULD CONFORM TO RATES Conviction Carries With It a Fine of From $1,000 to $5,000 on Each Count of Indictment Allowed Packers a Twelve Cent Concession. Kansas City , Juno 14. The Chicago , Burlington and Qulncy Railway com pany was found guilty bore by u jury In thu United Slates district court on four counts of granting concussions on packing house ublpmunts for export to Iho Armour Packing company , Swift & Co. , Cuduhy & Co. and thu Nelson Morrla Packing company. The conviction carries with it a fine of from )1,000 to $20,000 on each count. Judco Smith McPherson , the presid ing Judge , deferred sentencing thu defendant until June 22. All four counts arc piuctlcally the same. Tno cane of Armour & Co. , on which In structions were read to the jury , charged specifically that the Burlington - ton company , on AUK * 17 , l'JU5 , ac cepted a shipment of oleo oil from Kansas City to Liverpool at a rate thai Included a rate of 23 cents per 100 pounds , Mississippi river to New York , whereas the regular tariff at thai llmo was 35 cents. To simplify the case A. S. Van Val- kenburgh , dlstrlcl allorncy , for the government , and Judge O. M. Spencer of St. Joseph , representing the de fendant company , signed an agree ment of facts , which was In effecl lhat the Burlington did contracl wllh the packers to carry their product at 23 cents for the distance named , or a rate of 49 cents for the whole distance ) from Kansas Cily lo Liverpool. Half a dozen witnesses were examined , their testimony being largely technical and pertaining to the tariffs In exist ence at the time covered in Iho Indict ment. Judge McPherson , In Instructing the jury , said thai the Burlington railroad had no right to make a contracl for a period longer lhan Ihe established rate of 23 cents should be In force. To have carried shipments for 23 cents after Aug. 17 , 1905 , when the tariff was raised to 35 cents , must be considered a concession. The failure of the Burlington railway to file the schedule of 23 cents was immaterial. BASEBALL RESULTS American League Dolrolt , 4 ; PhlV- ndelph'.a , 5. Cleveland , 2 ; New York , 3. Chicago , 3 ; Washington , 0. Bt Louis , 1 ; Boston , 0. National League New York , 2 ; Cincinnati , 1. Brooklyn , 2 ; Chicago , 8. Boston , 2 ; St. Louis , 1. Philadel phia , 0 ; Pittxburg , 3. American Association Toledo , 2 ( Minneapolis , 9. Western League D Molnes , 10 ; Rioux City , 2. Pueblo , I ; Lincoln , T. Dnv , f j Om&hii 6.