Nebraska Newspapers

    TIIE OMAHA DAILY BEE: PHI DAY, FEBItrATtY 1T, 15)01.
STILL AFTER POACHER MAN
Retail Lumber Delists Fold Intertutag
Informal Session.
PART OF THE PROCEEDINGS ARE SECRET
Letter .rr Ilrrpleil from Aliened
rnnchrm In Which ShorrltiK t
(jooil Intention I, Mmle
Other Affair.
Tit morning session of the Rptatl Lumber
Dealers' association yesterday wan an In
formal affair and In the open session noth
ing was done except to discuss at great
length the subject of "poachers" and
"poaching."
The bridge, supply house of this city which
had comn la for a. rawbtdlng at the hand
of the iilerahers'Wrdncxlay manifested a
dispositions. bB -good and a. letter was pre
sented from'the. firm' In -which It stated that
It had nor intentionally injured the business
of a retail dealer; that If arrangements
could be, .made It would like to become a
member of the association and make pro
visions for handling contracts with the
county commissioners through the local
Arms. The discussion .was long and at time
tedious. Tbo matter finally went to a com
mittee. ApolAKT In Offered.
A letter was rend from the Dean Lumber
company of Lincoln, ono of tho firms ac
cused of "peaching," which stated that the
bill of Roods sold at South Auburn was
sold under a misapprehension of the facts
and that as soon aa It was learned that
the purchaser was no longer In the lumber
business the shipments were discontinued.
Colonel Fahnstock of Minneapolis ad
dressed the convention briefly on the sub
ject of Insurance, claiming that co-opera-tlve
Insurance ot lumber yards had reduced
the price Id thf old line companies from
$1.25 to DO cents per Jt.OOO n Minnesota
and from tzUb to 65 cents In Nebraska, ac
cording to figures furnished by dealer.
Bird Crttchtteld of Elmwood was addpd
to the auditing committee, vice C. 11. Wal
rath, who Is absent from the city, and the
committee. began tho consideration of tho
report of the officers.
J. H. Johnson was appointed to represent
the convention In soliciting membership In
the association.
The convention then went Into executive
session for the purpose of discussing nflatra
which relate to tho practical workings of
the organization. Behind closed doors the
matter of the suppression ot the poacher
took on a. livelier phase, although there was
no'dlvlslou of opinion, such as characterized
th executive session last year. Every
member participated In the discussion to a
greater or less extent, and It was Anally
decided to create a defense fund Of several
hundred dollars for the purpose of dtscov
erlriK and suppressing poaching. It was
nocn when the executive session ended.
Afternoon Hmnluii,
At the opening of the afternoon session
William Krotter of Stuart read a paper on
''The Kctaller nnd the Side Lines." Mr.
Krotter reviewed the condition of the lum
ber business' from the time the dealer In
this class of goods sold to the consumer
all of tho material which went Into his
house, barns and fences until today, when
a large part of that material Is supplied
by dealers In other lines.
Telegrams ot congratulation on the state
of trado and general conditions wete passed
between the Xobraska and Illinois assocla
tlons, the latter being In session at Chi
cago. . 4 The... Chicago. rrponse caruo from
man, now connected with a trade paper In
the windy city.
Then camq the sensation of the session.
M, J. Mltton, n member ot the associa
tion, having a yard nt Palmyra, presented
charges against A, II. Weir of Lincoln
member of the association, accusing htm
of selling goods In the Palmyra territory
agrlnst tho rules of the association. The
accused went Into details regarding the
sale and stated that the matter .had been
referred to the board of directors, who re
fused to act In the matter on account of a
technicality. The matter was discussed at
length until the arrival of Mr, Weir,
coir mitten having been sent out to bring
htm before tho body. The Lincoln dealer
stood upon the technicality, but finally con
sented to present his case to the board
of directors.
The report of the audltiug committee was
to the effect that tho report of the officers
was correct, but It was not permitted to
pais without discussion. v Thin was preclpl
tated by C. L. Chaffee of Omaha, who aaked
regarding the Indebtedness of the assocla
tlon and how much money would remain In
tho treasury when the debts were paid. He
further stated that when the board of illrcc
tors took charge of the affairs of the or
ganlzatlon In 1900 they found that while
over $1,200 was reported to be on hand the
had less than 300 In tbo treasury available
for their work, as the payment of debtB Im
mediately after the adjournment of the con
ventlon wiped out the surplus. It then de
veloped that after the pending bills are
paid the association will be practically
without cash until the annual dues ot th
members for the coming year are paid. Th
directors wore thereupon Instructed to pay
all debts before tho meeting ot the assocla
tlon In 1802, so tbo balance on hand at that
time would represent the resources ot the
society.
i .v 'ThnilUa Arc Offered.
tTJie report, of the: committee on resolu
tlooa thanking tho 'Officers tor their work
during .tho, last year, tho lumber trade
journals for their Interest and good offices
and tho Jobbers of Omaha for the enter
talnment provided was adopted.
On motion of Qeorge T. Field the bylaw;
were changed to Increase the annual dues
Bad Coughs
There are hundreds of cough
medicines which relieve coughs,
all coughs, except bad ones!
The medicine which has been
curing the worst of bad coughs
for sixty years is
Ayer's
Cherry '
Pectoral
Now you can get a trial
bottle of Cherry Pectoral for
25 cents. Ask your druggist.
Three sites; 25c, SV, SI.W.
If your druggtat cannot supply you, send
ut J 1. co and we will fiprtii a Urge bottle
to ycu, all charget prepaid. Bt sure and
live ut your nearef t express office
J. C. Aver Co., Lowell, Man.
from $5 to J10. The report of the commit-,
tee on constitution and bylaws changing
the method of selecting the auditing com
tnltteo from election to appointment was
adopted, but a provision to permit whole
sate dealers to sell lumber to county com
missioners and county bridge contractors
for county work was tabled.
On motion of William Fried of Fremont a
resolution was adopted unanimously thank
ing. The Omaha Bee for Its courteous treat
ment of the lumber dealers and for the ac
curacy of Its reports.
At the election of ofljeers E. L. Myers of
Newport was re-elected president and J. W.
Holmqulst of Oakland vice president by ac
clamation. For members of the board- of
directors the nominees were: J. W. Kearns
of Auburn, William Krotter of Stuart, A.
Powell ot St. Edward and M. L. Fries ot
Arcadia. The first ballot resulted In the
selection of Mr. Kearns and the second In
tho selection ot Mr. Krotter. The conven
tion then adjourned.
lino-linn Hold Se,lon.
Last night "on the roof" at The Dee
building the Concatenated Ordef. ;of IIoo-
IIoos held a concatenation .whlcmwas one ot
the grandest assemblages of (he. followers ot
the black rat which has be'en called to
gether In the state In many i year.
The ceremonies were In charge of A. H.
Weir of Lincoln. At f:09 o'clock the meet-
ng was called to order nnd within an hour
the candidates for enlightenment were
called upon the scene. Those who took the
cath and were brought under the away of the
ebonlied fellno were: A. t Patrick, n, F.
Kecnan, E. T. Chaptn, C. W, Douglas, I F.
8undeland, II. F. Cady and A. A. Iluchanan
of Omaha, K. F. Peck of Cedar Bluffs, ('. C.
Maryott of Pender, J. II. Hatcher of Lin
coln, S. 8. Sears of Hyannls, II. Sutherland
of Holyoke, Colo., O. C. Egar of St. Joseph,
Mo., I). H. Freeland of Onawa, la., W. L.
Minor of Nelson. A. F. Dlels of Scrlbncr, W.
8. Berrln of Dubois, II. A. Koehler of 1
deneva, W. C. Moore of Ohlowa, A. J. Minor
of Nelson and Robert Andres of Lincoln.
At the conclusion ot tho Initiatory work.
which was finished nt It o'clock, tha mem
bers were served with a banquet, at which
Informal talkB were mado by sevoral of the
concatenated.
The smoker given by the lumber dealers
of Omaha to the visiting members of the
Nebraska Retail Lumber Dealers' associa
tion at the Omaha club last night wnn at
tended by about 100 guests. The reception
smoker began about S o'clock to permit
members who desired to attend the concate
nation of the Hoo-Hoos at a later hour. At
o'clock luncheon was served and the
guests departed early to catch trains out
of the city.
KEEPING TAB ON THE GRIP
Mnrlno lloaiiltnl Authorlt lr Are MnU-
Inajr Inqnlrlm Thronichout
the Countr)'.
The surgeon general ot the marine hos
pital service nt Washington has sent out
a circular letter to medical men the coun
try over requesting that a report be sent
to the marlno hospital bureau a to
whether Influenza or grip Is prevalent In
their respective localities. It Is desired
also to have tbo type of tho disease, tho
number of rnsen when nosslble. mortality
nnd treatment, sanitary nnd medicinal, with
as f I'll statistics as possible. This Informa
tion will be used In public health publlca-
tons Issued by the government medical de
partment. Dr. Victor H. Coffmiui, commissioner of
health of Omahu, has Issued u letter to the
physicians of this city and says
The re-
of the aurgeon general ot the marine
il service should meet with a re-
quest o
hosplta
spouse from overy physician having in his
cure nucn cases. .oniinuing ur. uonman
urges the phyalciana to make such report
uiruugn mo neaun ueparimcni in oroer to
enable the department to transmit the de-
sirea information, '
'
EVIDENCE
SUNDEAN IS IN
Story of I iiholaterer'a Dlanppenrnnce
Appears to Have Urrn Mndc
of Whole Cloth.
Herman Sundean, the upholsterer who
was reported In yesterday's papers as hav
ing" mysteriously disappeared from his shop
and living apartments at 3U South Twen
tieth street, called at The Bee office last
night to refute the story. He was reported
l.v thn nnllfA tn hflvp hpn mlsfilnE? frnm
his place since February 3, but as a matter .
of fact, so he declares, be has been In
his shop and In his living apartments every
day. He has been doing work during this
time In various residences of the city.
Mr. Sundean Bays the story of his dis
appearance was started by a business com
petitor, who sought to Injure him tn his
trade.
Frequent Combine
Inflames the lungs. Foley's Honey and Tar
stops the coughing and heals the lungs.
The ordinary cough medicines which are
simply expectorants will not do this, ns
they keep the lungs Irritated In throwing
off the phlegm.
w
Oman's
ork
vt
The announcement that the race problem
would bo the subject of discussion brought
out a large attendance at Tuesday's meet
ing of the department of etblca and phi
losophy ot the Woman's club. A general
misunderstanding as to the standpoint from
which It was to be taken up somewhat
changed the Intended program, those who
had written papers having prepared them
on the color question In its ethical relation
to the admission of the colored clubs to the
general federation. In consequenco, when
the leader stated the subject the majority
found themselves unprepared to participate
In a philosophical discussion of it. A brave
attempt was made, however, but In the main
It proved R discussion of the duty ot (he
white woman to her colored sister. Thero
was a wide variety of opinions expressed
and the beautiful principle of woman's duty
to woman, regardless of the color of her
skin, shared equally In approval with the
papers based on the practical experience of
those who had lived In the south. One paper
was especially strong and practical, being
the opinion of a New England woman who
wrote from the experience of a Jong resi
dence and work among the negroes.
Perhaps the most striking theory of the
afternoon was advanced by a physician,
which was to the effect that future cen
turies will evolve a new and the real Amer
ican race, which will be an amalgamation
of the white with the negro and other
weaker races that now dwell on this con
tinent. She believes the race problem will
solve Itself. The present agitation, she
thinks, being premature, will be Ineffective-,
The white race having developed
mentally at ts physical exponse requires
the bone and sinew ot the colored race to
perpetuate It, and the present existing con
ditions will adjust themselves to meet the
requirements ot the future.
There was a large attendance at Wednes
day's meeting of the Woman's Christian
Temperance union, and several matters ot
unusual Importance came ui for adjust
ment. 8everal letters were presented ex
pressing apptoval of the course recently
pursued by the union tn the case ot Miss
Birdie Moore.
A letter was read from a woman In South
Omaha calling the union's attention to the
fact that a large number ot the employes of
the packing houses and other Institutions ot
MRS, NATION AT THE BAR
Appears in Topaka Court to Answer Chugs
of Destroying Property.
MAKtS MIKE KELLY UNCOMFORTABLE
l.ntiKh iood-ntiiredlr nt "" .lotntlst
While He tlte III Tratlmnnj
Cnse Postponed Till
Montlny.
TOPEKA, Kan., Feb. 14. Mrs. Cairle Na
tion was brought to trial In the city court
here this afternoon on a charge of destroy
ing property. The complainant was W. F.
Lytic, proprietor of the Senate saloon, which
Mrs. Nation and her crusaders wrecked last
week. The room wan crowded with visitors,
many of them sympathizers with tho crusa
ders. The case was finally postponed till
Monday next. . .
When court opened Mrs. 'Nation was not
to be found. Her- lawyer, J. M. Dumenll,
was rather excited, but assured the court
that his client would be on hand very soon.
Judge McCabo said he was ready to take up
tho case nnd that It must proceed. Rev. F.
W. Emerson volunteered the Information
that Mrs. Nation had gone out to dinner
and would bo back noon. Assistant County
Attorney Jamison, who has charge of tho
prosecution, announced that he would wait
a few moments nnd In the meantime would
call his witnerses, Mike Kelly, "Sheep"
Lytic, Harry Jackson, Hen Mulhollcnd and
George Stambaugh. For the defense Pro
bata Judge Fagan. Chief of Police Stan!,
Officer Carpenter, Mrs, James White, Mrs.
ftrnrffn Wnlvitrtnn nml Mia Mmletlnn South
ard, jcaton'8 attorney entered a mo-
tlon to quash.
At SMS o'clock Mrs, Nation entered and
made her way through the crowd. The
crowd applauded, Mrs. Nation smiled and
bowed, but said not n word. The crowd
continued to applaud and Judge McCabo de
manded order and called upon the marshal
to preserve quiet. lawyer Dumenll argued
his motion to quash on the ground that the
complaint was not properly drawn.
Mm. Nation Interpose.
Mrs. Nation could keep quiet no longer
and rose to her feet.
"Your honor." commenced Mrs. Nation.
"Quiet!" ordered Judge McCabe.
"But that docs not make any difference,"
continued Mrs. Nation.
"You will have to keep still," said the
court. "This trial will be conducted like
any other case and quiet must bo main
tained. The marshal will keep order. I
overrule the motion. Do you plead guilty
or not guilty?"
"Not guilty." said Mrs. Nation's attorney.
W. I. Jamison, assistant county attorney,
a negro lawyer, prosecuted Mrs. Nation.
Mike Kelly, one of the proprietors of the
Senate, was the first witness called.
"What did you own of the property which
was broken?" asked Jamison.
"A cash register valued at J100 and
glasses," was Kelly's answer.
"Do you know that tho property was
broken oa February B?"
"Yes, It was all broken up."
"When did you see It?"
"In the morning."
"How did you find It?"
"I found It all broken and scattered
around the room when I came In."
"Who owned this property?" asked Mrs.
N?,V?.'S ..
Lyt,e and 1 dld-
.Not
Others Viewed It.
., .mi .n t .Ma in. r..i.M. ,..
aM8ion o( th property?"
"Yes Sir."
jjrB ' xatlc
tlon put her handB over her
mouth and tried to suppress a laugh. The
humor of the situation took hold of her.
Kelly ,ooke1 ,lown at her wl,h a droll look
mat soook ncr serenity.
".lust state what property you had at
406 Kansas avenue," asked Mrs. Nation's
attorney. Objection, but objection over
ruled. "I had some cigars, pool and billiard
tables and some other stuff," said Kelly.
"Was there any other property there?"
"A bar, an Ice chest and two slot ma
chines." "What other property?"
"There was some beer there." (Laughter
rcn.K 'men.)
Was there any whisky?"
"I don't know."
"Was there any there the day before?"
"I suppose there was."
"As a matter of fact, weren't you run
ning a Joint?"
"I don't know that I was."
"Didn't you sell liquor there?"
"Sometimes."
Mrs. Nation leaned over and whispered
to her attorney: "Ask him what ho calls
It." The question was put.
"A billiard hall," answered Kelly.
Mrs. Nation shook with silent laughter
at the face Kelly made at her.
"Wasn't It true that In that place many
in Tlub and
harity.
that city are paid by checks and that the
majority of these checks are cashed in the
saloons. Men who did not go to these
places for this accommodation found dldl
culty In getting their money after banking
hours, This condition was emphasized with
tbo appeal that organized womon might In
terest themselves In it and endeavor to bet
ter It. The union appointed a committee,
consisting of Mrs. E. B. Towle of South
Omaha, Mrs. George Tllden and such other,
as they should appoint, to Investigate the
matter and see what could be done either by
an effort to bring about a different syMem
of paying the men; or. If this cannot be ac
complished, to provide some other solution.
The matter Is to be taken up at nrice.
It was also decided to send a circular let
ter to the legislators at Lincoln asking
them to vote against n bill now before the
legislature providing that applicants for
saloon license shall be compelled, in caso
of appeal from the decision of the Fire and
Police Commissioners to the district court,
to put up a bond of 11,000.
A committee from the department o
political and social science of the Woman's
club, consisting of Mrs. H. A. Wagner, Mrs.
A. K. Gault. Mrs. C. S. Loblngler and Mrs,
O. W. Clark, was present to confer with
the union regarding the children's Indus
trial work which the department contem
plates taking up, Nothing was derided
definitely, but a committee, comprising Mes
dames Shlnrock, Welsbans and Andrews,
wob appointed to confer with the commit
tee from the department to suggest some
plan which shall be presented at the next
meeting.
The devotional committee of the Young
Women's Christian association has arranged
for a ery pleasant "at home" on Monday
evening, February IS, for the memberi of
tho bible classes and those who are doing
private work with Shank's system of icrlp
tures study. Just what the nature of the
evening entertainment Is to be has not yet
been nnnounced, but It will probably be nt
an Instructive character. A light refresh
ment will be served.
The gymnasium committee has issued
tome neat little verses to about 500 friends
of the association, Inviting them to a tea
party to be given In the rooms at 3 o'clock
on Saturday afternoon, Each ono will be
ask?d to contribute !S cents, the money
disorderly and Intoxicated people gath
ered?", Kelly shook Ills head.
"Wasn t there some oecr in your cnargc;
"Not In my charge." said Kelly.
"Well, who had chargo of It?"
Kelly pulled at his watch chain a mo
ment and then replied: "I guess Mrs. Na
tion took charge of It."
Mrs. Nation laughed again. During the
trial she leaned across the table and talked
to the negro attorney who was prosecuting
her.
Kelly was crots-examlned to some ex
tent by Mrs. Nation's attorney, but nothing
new was brought out. Kelly was made to
say that he had been arrested several times
on the charge of selling liquor. He claimed
that the cash register smashed by Mrs.
Nation was kept to receive the receipts
of the pool room. When Kelly's testimony
was completed the lawyers agreed that It
wai useless to Introduce any more wit
nesses. They so Indicated to the court
and mt Monday afternoon was set for
as the tlmo for hearing the arguments and
deciding the case.
I to lie Arsiurd on It Merits.
After a conference between the attorneys
It was agreed that Kelly should admit that
he was running a saloon and that Mrs. Na
tion should plead guilty to smashing It.
This was done and now: the case will be
argued squarely on Its merits, as to whether
"Joint" property Is entitled to the protec
tion of the Ir.w. The line of Mrs. Na
tion's defense Is that the, as a private citi
zen had a right to abate a nuisance after
the officers had failed to do so.
Mr. Nation nppcsrtd to be utterly un
concerned throughout the trial. She ap
peared to be relieved when It was over, and
hold an Impromptu reception before de
parting. On the way out Mrs. Nation com
manded some men. whom she encountered
to stop smoking. She has apparently lost
none of tho popularity she enjoyed before
her trip to Chicago. Whenever she goes
large crowds of people follow her nnd the
peoplo seem to pay her more deference
since her return. She says she expects
to bo released when her ease comes up
Mondar.
"I had grip three months, could not
sleep; pain all over and htndache very bad.
Dr. Miles' Nervine, Pain Pills and Liver
Pills wadu me well." Mrs. E. C. Ilowlby,
Waterloo, Ind.
ROYAL ARCANUM AT BANQUET
Member of t'lilou Pncillo Co 11 11 oil
i.nthcr About the Kratnl
llonrd.
Members of Union Pacific council, Royal
Arcanum, enjoyed a Bumptuous banquet nt
tho Millard hotel last night, which was a
decidedly enjoyablo affair In every particu
lar. Reports were made on a membership
contest recently closed, the result of which
was an addition ot 12.1 members to the
council's roster. The successful end of thli
competition, wns the occasion of much
felicitation on the part ot tho members
The banquet arrangements weio perfected
by a committee composed of C. A. Orlmmel,
Dr. A. H. Hippie, W. F. Wapplch, Byron R.
Hastings and Charles D. Beaton.
During the progress ot tbo feasting the
pleatiure ot thi occasion was enhanced by
music furnished by a mandolin orchestra.
The tables and dining hall were profusely
decorated with red and white roses, ferns
and lilies. At the conclusion a program of
toasts was given.
Judge I. F. Baxter was the toastmastcr
and responses were made to the following
toasts: "Royal Arcanum," B. R. Bonner of
St. Louis; "Good of the Order." Rev. H.
Percy Silver; "Our Cardinal Vlrtures," L.
I. Abbott.
"Grip robbed me or ru deep and I was
nearly craz with neuralgia and headacht.
Dr. Miles' Pain Pills and Nervine cured
me." Mrs. Pearl Bush. Holland, Mich.
JUST A PLAIN CASE OF JAG
Tarries Too lonK Tilth the Ilrevr That
Cheer and Nlmultunronul j
Inebriate.
Word came to the Burlington passenger
station yesterday afternoon that a man was
lying under the big bridge and that he was
In an unconscious condition. I'.itrolman
Horn was the nearest representative ot the
municipal authority and he took it upon
himself to investigate.
Suro enough, there under the bridge was
the man, Just as described. Horn roused
the fellow and asked ltlm what was th
trouble. Ho ratsedbp, rubbed his eyes and
then, looking around, said In a perfectly
rational way: "Why, I wus slugged In
the back of the head and robbed of 50
cents."
That was 11 good caee for police Investi
gation and the man appeared to tell a good
story. Horn forthwith helped him to a
corner saloon and called the patrol wagon.
At the station the .surgeon examined the
man thoroughly, falling to llml the least
trace where one could imagine a blow had
struck him. The result was that the
"slugged" man was booked ih a drjnk
to be used to pay for some new gymnasium
apparatus. An exhibition of the class work
will be one of the feature of the afternoon.
These little social events in connection
with th work are proving to be valuable
helpB. '
I he North Omaha, Woman's club cele
brated the sixth anniversary of Its or
ganization yesterday afternoon. The oc
casion vas largely of a social nature, th-j
members and their friends being received
at the home of their president, Mrs. O
E. Clenlans, 3036 Seward street.
Chancel guild of All Saints' church met
Monday afternoon nt the home of Miss
Edith Snell, 4156 Farnam street, to de
vise means of raising funds for Its Easter
offerings during the Lenten season. It waa
udeclded that the "talent" system should be
employed. Twenty-five cents Is to bo the
bails ot operation. The guild has about
twenty members and gratifying results are
anticipated.
in Us further Investigation of household
economics the Woman's club of Fremont
has extended an invitation to Mrs. Mary
Moody Pugh to address it February 23, Mr.
Pugh has accepted, and will take n her
subject, "Pure Food and ScltntlMc Cookery "
The Woman's Keeley Rescue league held
Its first regular meeting at 10 o'clock
Wednesday morning at Gardner Memorial
house, about fifteen women being present.
Mrs. Allen, the newly elected president, pre
sided and all of the officers and chairman
of committees were present. The election
of Mrs. M. Rombauer aa trustee and chair
man of the finance committee , was the
first business and completed the list uf
officers. The treasurer's report was most
gratifying, showing two paldup life mem-
benhlps of 113 each and several associate
memberships, ranging from 12 to 5 each.
This puts the league on a good financial
basis and enables It to begin Its work at
once. Two cases are now under Investiga
tion. The chairman will endeavor to fill
their committees promptly.
So soon as the report of the Investiga
tion committee Is ready meeting of the
board will be called and the first patient
will be entered at the institute. The next
regular meeting of the league will be held
on Wednesday morning, March 13.
HAMILTON'S FRIENDS CALLED
Dr. Murray and Oity Editor Francis Testify
in Murder Case.
PRETTV MISS M'INIOSH BREAKS DOWN
lnetlniia Concr riilim the Knife She
Hail Seen In Leonnrd l)a'a
l'neslnn I'nnerve Her
nnd Jhe I Kicturd.
MINNEAPOLIS, Feb. II. -Miss May Mc
intosh, a friend of the murdered man, con
tributed the most Impressive feature of
today's proceedings In the trial ot Frank
H. Hamilton by breaking down completely
when pressed to tell what she knew of a
knife that she bad seen In Leonard Day's
possession.
Dr. W. It. Murray, who had been Hur
riedly summoned ut the tlmo of the homi
cide and who had given evidence distinctly
favorable to tho defenso yesterday, wiifl
on the stand and the prosecution was rein
forced by tho presence of two medical ex
perts to aid In hl cross-examination. The
wlnt nt luu wh whether n man wounded
as Day was tho sub-clavlan artery com,
ptetely severed could live six or eight
minute nnd whether, being on tils feet
when I10 received the wound, lie could
stand ten minute-", having died meanwhile.
Important Trunnion y Creep In,
The state. In Its cross-examination of Dr.
Murray, let slip In Important testimony that
the defense would not have been allowed
to get In. The state was bent on showing
that the witness was prejudiced In favor of
the defendant nnd questioned him closely
as to his sollcltudo for Hamilton when he
arrived.
Murray admitted that he had been con
vinced from the outset that Hamilton was
not guilty. Ills dazed, seml-consctous, be
wildered condition persuaded the doctor
that It was Impossible that he had killed
Day In such a condition. Tho state asked
why ho dogged Rooney and Hamilton.
"I stayed," replied the witness, "to pre
vent any headquarters confession' which
would convict htm, for a confession at that
time I should have regarded as a hallucina
tion. I considered Hamilton Irresponsible."
"You know," sold Mr. Penny, "that they
always have a confession at police head
quarters? You expected the usual confes
sion?" "Yes," replied the witness before he could
bo Btoppcd. "I was convinced from tho
start that that boy never did It. I Bald tho
man that left that trail of blood to the
toilet room had done this deed."
Time' City l'.dltor Testifies.
Charles R. Francis, city editor of the
Times, who for three weeks 'prlr to the
homicide roomed with Hamilton and Can
field, testified that It was Hamilton's cus
tom on retiring to take everything out of
his pockets before hanging up his clothing.
Witness had never seen auch a knife as
that In cvjdence In Hamilton's possession,
although he would certainly have seen such
a knife If Hamilton had had one. Wit
ness admitted that as soon as he saw Ham
ilton after the stabbing he told him to keep
his mouth shut and he (the witness) would
stand by him. Witness added- "I was
with Hamilton nnd Rooney half an hour
and heard no confession of any kind. Ham
ilton was paralyzed and said nothing, but
complained of his sore head. He had a
lump on his bead halt as big us an egg. I
had a great deal ot curiosity as to how
the affair occurred. There was much talk
among the bystanders to the effect that
at least three men must haverbeen In the
row, and that theory seemed to me tho
true one. As a friend ot Hamilton I had
at once summoned Bob Penney, his at
torney." Defenir Pi-oilnee Ilorhe.
The defense then threw a bombshell Into
the state's camp by producing A. M. Barbe,
the traveling man whom the state had
failed to produce on the witness stand.
Barbo told his atory In n quiet, dispas
sionate way. oblivious to the fact, ap
parently, that what he said was most dam
aging to the state's case. He described
tho affray In the billiard room much as the
other witnesses had described It up to the
point where the fatal scuffle took place.
He declared that Hamilton was not In this
scuffle, but was coming toward the crowd
from tho corridor, whither he had been led
by Canfleld. While he was approaching
Day staggered out ot the crowd mortally
wounded. There was n general scrimmage,
"a free-for-all," he said, In which six or
more persons were engaged. With this
Important exception Barbe's testimony did
not differ from that ot the state's witnesses.
He could not be shaken by cross-examination.
MIn Mi'lnloxh llrenk Dunn,
At the conclusion of Mr. Barbe's testi
mony May Mcintosh, a tall, handsome
young woman, was called nnd questioned
concerning any knife that Day might have
carried. She was an Intimate friend ot '.be
young man for a long time and It was
known that she shared many secrets with
hlra.
"Miss Mcintosh, did you ever see In the
possession of Leonard Day the knife on
exhibition in this court, or a knife similar
to it?" asked ono of the attorneys for the
defense.
"I did," replied the witness.
"Please state the circumstances."
The woman hesitated, turned pale and
began to cry. She was privately ques
tioned by the court, who announced that
she was not compelled to make disclosures
of the kind asktd. as tho law allowed her
to refuse to answpr on the ground that her
answer might tend to criminate her.
Several other witnesses were heard, but
none ot them gave evidence that shed new
light on the caie.
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