Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 29, 1909, Image 1

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    The Omaha t Daily Bee
The Omaha dee
goes to the home It rd by th
toirm Mils good! for advertiser.
WEATHER FORECAST
For Nebraska Rain and colder.
Pot Iowa Shower and colder.
For weather report ee Page i.
VOL. XXXVIII NO. 27-2.
OMAHA. THURSDAY MORN I NO, APRIL 'JO, 1901) TWELVE PAGES.
SINGLE COPY TWO CENTS.
FAST SROGRESS
IN HAINS CASlfl
State Finishes IU Testimony and the
Attorney for Defense Makes
Opening; Statement.
DELIBERATE MURDER IS CHARGED
Several Witnesses Describe' -g
of Annii by Hains. A
DEFENSE WILL BE INS.
Captain's Parents Will Testit
Early Mental Eccentricities. , I
WIFE'8 ALLEGED MISC0NDU:'
Attempt Will Be Made to thnt
lie Decent Having! Me When
II- MfllH Of Her
Wronndolna;.
KM SI 1 1 NO. N. Y.. April I.-Gnerat
PM.-r C. Hains, the defendant's father.
. will be the rirwt ltive called tomorrow
when Hie defense for Csptaln Peter C.
' lalnn, Jr., begins Its attetvpt to establish
th lr.anlty of tlio young; officer, who shot
and killed William E. Annls at th Bayslde
Yacht club last August. When court ad
" Journe.t today former District Attorney
"Young hud i-OTipleted his cpenlng addres,
while previously the prosecution put In Its
case to eetsbllsh proof of the crime.
The opening address of the prosecution
In the trial of Captain Peter C. Hains.
Jr . charged wltn the murder of William E.
Apnle. was roado today by George A.
Orcag. formerly district attorney cf
Queen's county. Mr. Gregg is now asso
ciate counsel with E-lstrtct Attorney eD
wltt. Before Mr. dreg began his presentatto-l
of the state's ewe. Justice Oarretsori rulad
that witnesses of state and defense should
be excluded from the court room except
when tektlfylng. District Attorney eDwltt
requested that Uenerel P. C. Hains. father
of the accused, be also excluded, but the
defence objected, and the court permitted
the general to remain. General Hains
greeted his son with affection today, but
tlii! capteln made no response.
Mr. Uregg began his opening address to
tho Jury by referring to the shooting of
Anr.ls as a deliberate and brutal murder.
In the first degree, committed with cold
(lirian. ' '
First Wltnee Called.
(ieorge Y. Skinner, a civil engineer of
Flushing, called as the first witness. Identi
fied soma plans of the scene f the shoot
ing which he had prepared. .
Charles H. Birchfleld testified he was
neurhy when the shooting occurred, and
turned In time to see Annii fall from his
bout Into the water. He saw Captain
Hains after the shooting, standing on the
float beside bis brother.
Herbert 'Funke. who knew Annie well,
.testified he u Captain Hains standing on
""the float with his arm folded, and when
Annls" boat came up the captain exclaimed:
Annls. Annls," drew a revolver and shot
Annls as he was stepping around the boat
mast lo the float. Funke was In his boat
alongside the float, he said, and when he
attempted to step ashore, a revolver was
point) at him.
After Annls wa taken out of the water
and lay on the float mortally wounded,
Funke testified, he heard Annie Bays
tli, Captain, you have made an awful
mistake." and that Captain Hains replied:
Muvbe I have, but' I don't think se."
The witness said a Mr. Dowtuj. another
member of the yacht club, approached
Captain Halna after the shooting and asked
him Who he was. Captain Halrui promptly
luinded a card to Mr. Downs, saying:
"Hwie Is my card." the witness testified.
On cross-examination Mr. Mclntyre asked
Funke If he noticed Captain Hains' ap
pearance Just after the snooting.
' Did you notice that the captain's face
was pale, hts eyes bulging and his mouth
twitching?" asked Mr. Mclntyre.
"No, 1 did not"
Kilwln Andrews, Jr., a member of the
Bayelde Yacht club. Who was in a boat
near the landing when tho shooting oc
curred, described the tragedy.
The prosecution then rested.
Opening; Statement of Defease.
Eugene M. Young, of counsel for Captain
Hains, In opening the ease for the defense,
told the Jury that evidence would be pre
vented to show that Captain Halna had
been Insane as early as May 31. and
an Insane at the time he shot and killed
Annls.
"Hie father. General Hains, will tell you
, how, as a child, this defendant would wake
l In in nignt irmeoiing ana screaming wun
terror. IHa mother wll Hell you how ho
' slammer ed la his speech and had to be
. tenderly watched and guarded during hU
childhood.
"W will show that Captain Hains fell
down a hatchway when 12 years old ami
was rendered unconscious from the blow
tm hi head, from which be did not recover
' for a long time."
Mr. Young traced alleged eccentric ac
tions of Hains down to the lime he met
Annls and spoke of Captain Hains' trip to
' the Philippines, where he heard of his
wife's alleged misconduct and hastened
home.
"Those who brought him across the con
tinent from Ran Francisco will tell yeu of
his mad actions. He never slept at all dur
I Ing the trip and paced the sleeping car.
annoying the other passengers nlngbt alter
night"
Mr. Young described he effect of the
. news of his wife's alleged conduct as told
K., Il.ln.' f.lh.P m hr.ltl.f.t ..1,1
Claudia had confessed to them that ahe
v lovwd "Billy" Anna
"tie raved, alternately 'laughing and ciy
Ini, during this time," said Mr. Young,
"and went about singing 'How Happy it Is
to l-e married.' The thread had broken and
his mind gave way."
Mr. Young said he would put in evidence
the signed confession of Claudia Hains, the
tsptalii s w ife, of her relatione with Annls,
end a letter written to Annla by. her after
the captain's return telling Annfa thai her
husband knew everything and warning
Annls not to come to ten house.
"Csptaln Hains was told that Annls kept
his collars and cuffs In Mrs. Hains dresser
while the cspUtln waa away nd was called
'pel' by the captain's own children," M
. sir Vnunf,
"We will show by officers of the United
elate anny that the defendant's conduct
tlurlng several months was decidedly er
istic and Irrational." said Mr. Toung.
"This snaa wm Bade Insane by grief, shams
evad snetual efceta."
Half of Elgin
Destroyed by
Restaurant Fire
Eight Stores Totally Destroyed, Loss
Reaching Hundred and
Twenty Thousand.
KLOIK. Neb., April IS. Fire destroyed
half the business portion of Elgn today.
The loss reached ll'.O.OOO.
The following firms, stocks and buiktlnps
were totally destroyed: Hoefer A Mooney,
general store; Elfus Brown, restaurant;
W. H. Knoit, lumber yard; W. K Brooks,
hardware; Friable A Fee, implements; B. F.
"ayne, general merchandlae; John Lamp
San, pool hall; Gray & Tenny, general
"'rchandlee.
' "he Northwestern depot caught fire, but
i saved.
fhere are no water works in the town.
The fire started at 6:46 this morning from
a defective fluo in the restaurant and
spread rapidly to the other buildings. The
lack of water facilities prevented a very
effective fight being msde against the
flames.
Elgin recently voted $16,000 for the pur
pose of Installing a water system and work
will be started on It In about three weeks.
Farmer Relents
of Election Bet
Tirei of Waiting for Bryan's Elec
tion and Has Flowing Locks
Shorn.
CENTRAL CITY, April .-(Special .)
Declaring that he wnuld never rut his hair
until Bryan' was elected president, Mln
Foster, a farmer living across the river In
Hamilton county, permitted It to grow for
over twelve years, hut Monday he relented
of his resolution and came to town and
had the poetic locks shorn at a local bar
ber shop.
In the campaign of 1SWI Foster, who was
an ardent Bryanlte, expressed so great con
fidence In the election of the Peerless
Leader that he declared that he would not
cut his hair until nryan should occupy the
president's chair. For twelve years he per
sisted In his belief that the sage of Fair
view would some time attain the xenlth of
his ambition, through three campaigns he
followed him enthusiastically, and three
time he saw him go down to defeat.
Without giving any of his friends warn
ing he came to town Monday, and when he
emerged from the barber shop the long
curls which had hung down on his shoul
ders and had excited the admiration of the
neighborhood had disappeared, ire refuses
to rxplaln why he parted with his locks in
defiance of hts resolution, merely saying
that he Just decided to have them off. He
denies that he has changed his political
faith, but says he finds much consolation
In the victory of the democrats In the state
last fall.
Will Signal Mars
from West Texas
Johns Hopkins Professor Agrees to
Establish Observatory at
Stamford.
FORT WORTH, Tex., April IS. A mes
jage today from Robert W. Wooq pro
fessor of astronomy of Johns Hopkins uni
versity practically agrees to the establish
ment of an observatory Stamford, wesV
Texas, to be used in an effort to com
municate with Mars. The citizens agree
to furnish $00,000. '
INSURING AGAINST TAX RAISE
London Merchants Take Ont Policies
Agalnet Threatened Action
of Government,
LONDON, April 28.-The trend of public
opinion regarding the sources that Chancel
lor of the Exchequer I.loyd Ueorge Is likely
to tap to Becure the increased revenue
necessary to balance the midget Is evid
enced In the buxiness being done today at
Lloyds. Enormous amounts of Insurance
are oclng taken against Increasing the tax
ation on sugar and tea, at premiums re
spectively of 85 and 40 guineas. Insurance
against Increasing the taxation on tobacco,
cigars and coal Is being done on a leeser
scale at premiums ranging from 30 to 55
guineas. '
The budget will be presented In the house
of commons tomorrow.
Armenian Says New Sultan
Won't Last Six Months
"The deposing of the sultan means the
assurance of the new constitution and the
general betterment of the country," said
Dr. Hovvhaanness Mugurrdetch Cheenee
goazyaan (John Baptist), an Armenian, who
was formerly photographer to the deposed
sultan and who Is now In Omaha, Mr.
Baptist was forced ro leave Constantinople
because of tho persecutions of his country
men and rami to America to atudy for the
mlnlstiy and return as a missionary to aid
his people. Mr. Baptist haj become an
American citizen and will return with the
protection of the 1'nlted States government.
"All Turkey rejoice wherever the news
has reached them of the deposing of the
sultan, for the people have prayed and
wished for this turn of affairs for many
years. There la no doubt many parts of
the sultan's domain have not heard the
news as yet and will not for several weeks,
as the news travels slowly there.
'Whatever we eow, we shall reap also.
Thirty-three years ago lie put hla brother
in prison and now his brother is out and
he Is tabling the same medicine. Hts
brothtr has been placed on the throne.
"The change means to the Armenians
freedom of religion, freedom of the press
and fr.e travels without any pasnports.
Before the change permits could not be
haJ for building school houses or churches,
and now that right Is freely given. Chris
tian Institutions were frowned upon and
given no rights.
'For thirty-three years, during the reign
of the depoeed sultan, no Christian churches
were built In Constantinop. There was one
exception. When the emperor of Qermany
vlalted the sultan the sultan asked the em
peror If there was anything he could do
BROWN DEFENDS
TAX 0NWEALTH
Junior Senator 'from Nebraska Makes
Extended Speech in Favor of
Constitutional Amendment
COURTS CHANGE, LAW MUST STAND
Necessity Exists for Provision that
Will Always Be Plain.
POLLOCK CASE PIVOTAL POINT
Senators Poynter and Rayner Engage
in Running Debate.
BURKETT AND MINORITY DICTUM
He shows In Remarks on 1. amber
Tariff Where Democratic Plat
form Waa Written ssa
hy Whom.
(From a Staff Correspondent)
WASHINGTON. April 28.-(8peclal Tele
gram. ) Senator Xorrls Brown todsy. In
support of his proposed amendment to the
constitution, authorized congress to levy a
tax on Incomes and Inheritances, brought
the senate very close to a realization that
new conditions are abroad In the land. The
Junior senator from Nebraska was given
close attention throughout hts remarks and
was Interrupted but twice, pnee by Sena
tor Rayner of Maryland, and again by
Senator Paynter of Kentucky, with a volley
of questions, all of them being quickly and
easily answered without the slightest' ap
parent embarrassment by the Nebraskan.
Senator Brown was In good voice. His
proposition to amend the constitution,
while probably not meeting with the ap
proval of a majority of tho senate, never
theless received marked attention from
that body and there Is no doubt his argu
ment, -for It was an argument and an able
one, drove home some new ideas on this
subject In the minds of the anti-Income
tax senators.
Senator Brown declared the country Is
entitled to be given an opportunity to
amend the constitution so there can be no
question as U the validity of the income
tax law when next it is passed. The sena
tor made it plain that he was an ardent
advocate of an Income tax and that he
would vote for either the Cummins or
Bailey amendment, but he declared he
would like to see the constitutionality of
such a law settled for all time by an
amendment.
Wonld Fix Uw Beyond Doabt.
"It seems to me that those of us who
favor laying a tax burden on Incomes
have no tight to feel satisfied with the
enactment Pf such a law unless we take
the further step of 'passing a resolution
tendering to the pepple of the several
states of the union an opportunity so to
amend the constitution that the validity
of the law will never be questioned," said
Senator" Brown. - " ' '
"We owe this to the people of the
country, who have long believed In an
Income tax. If the argument of the
Senator from Texas In this chamber for
the laet two days has demonstrated any
thing, It is that there is great doubt In
the minds of all people as to the consti
tutionality of the income tax.. Although
they believe in the theory of this kind
of tax, they recognize that the supreme
court has spoken and has declared it un
constitutional. It Is clearly our duty to
give them a chance to make the consti
tution so clear on the question of taxa
tion that litigation will never arise
jaln."
Mr. Brown showed that the frame of
the constitution. Justices of the supreme
court, as well as distinguished lawyers,
In all time had disagreed as to the mean
ing of the words "direct taxes" in the
constitution. He showed that even Sen
ator Bailey, who had cltlclaed" the ruling
of the supreme court, had been willing to
admit the question waa so close that It
might easily fall either way on the con
stitutionality of the tax.
Attarka Bailer's Position.
"Suppose we admit that Senator Bailey
clearly demonstrated that the court
should have held the last Income tax law
constitutional, where does It leave us?"
asked Senator Brown. "He has left us
no better off than when we were dlvkfed
about the soundness of that, decision. Of
what avail la It to conclude here that the
decision of the supreme court In the Pol
lock case was wrong and that the court
should have held another way? It avails
us nothing. The framers of the conatl-
(Continued on Second Page.)
for him. After consulting with his ad
visors the emperor asked that he be given
permission to build a Christian church. The
request was granted and that was the only
Christian church built in Constantinople
during the thirty-three years of his reign.
"I don't think the new sultan will re
main on the throne for more than six
months. He has been In prison for the last
thirty-three years and waa not of very
strong mind before that time, and there Is
no doubt his mind la weak. He can be de
throned for Insanity. If they don't depose
him wtihln six months It will be because
he Is simply a figurehead under the new
constitution and Parliament has all the
power. Many people would like to have
Yuasuf Ezzetdden Bey, son of tlie assas
sinated sultan, Aziz, who Is very popular.
"The young men of Turkey were not
housed In the European legations for noth
ing. They had an ulterior motive, and It
Is now known that the gaining of control
by the young Turkish party was all that
saved th Uvea of the members of the lega
tion. They Intended to slay the represen
tatives of the European countries and of
the I nlted States If they lost the fight,
and that was why they were In the lega
tions and not for the purpose of protecting
them."
Mr. Baptist will make an address Sun
day at 4 p. m. at th Toung Men's Chris
tian association on the subject of th old
sultan, Abdul Hamld, and th affairs of
his oourt and reign. Having been an at
tache of the court and having derived
knowledge through his parents of his entire
reign of thirty-three years, h la regarded
as highly qualified to speak on this subject.
IT WAS
From the New York Herald.
RATE DECREE WILL STAND
Judge McPherson Refuses to Change
Original Opinion.
PENALTIES CLAUSE HELD VOID
Conrt Decline to Alter Remark
that Two and Half Centa la
Proper Fnr for the
Strong- Roods.
KANSAS CITT, Mo.. April 2. A eupple
mentary decision In the rate cases, Involv
ing the eighteen Missouri railroad com
panies operating in Missouri, waa filed In
the federal court her today by Judge
Smith McPherson of Red Oaw, la.
Judge McPherson declines to recede from
his first opinion, rendered on March 8 last,
either in the matter of the division of the
costs of th proceedings or to change his
original holding that the court cannot fix
rates. In effect the decision means that
the railways and the state must each pay
one-half . of the costs, which aggregated
111,000, and that the court- fetuses the rail
way's petition, which aekt'4 to epedflcaUy
state what passenger rawa they should
charge.
As to the contention that the court was
In error In Its original opinion In that the
penalties of the statutes render them void.
Judge McPherson now holds thst this sec
tion of the state statutes Imposing penalties
Is void.
On the point of .fixing the rates Judge
McPherson ssys in part:
"Complaint Is made because of the re
cital in my opinion that 'It being a legisla
tive act, amt not a Judicial one, this court
cannot fix rates.' If It could, 2V-cent pas
senger rates would be fixed for the stronger
roads and S for the others. But that Is
for the legislature, acting Itself with ex
perts, such as the state employed In these
cases, or through a commission with like
assistance.'
"My statement that 'It being a legisla
tive act and not a Judicial one, this court
cannot fix rates,' Is not controverted by
anyone. This being so, as of course, what
I said as above Is obiter dictum. But de
cause it Is dictum Is no res son whatever
for not saying it. and still less a reason
for now eliminating It from my opinion.
I believed it proper to say that the strong
roads should have 2 cents per passenger
per mile and the weaker roads S centa. I
could have fairly stated that the St. Louis
& Hannibal and the Kansas City, Clinton
& Springfield railroads should have i cenU
or more per passenger per mile.
O'Hara Clan Rites
for Young Girl
Two Hundred Member of Irish Fam
ily Organization at Atlanta
for Funeral Services.
ATLANTA, Ga. April . The O'Hara,
Irish horse traders, about 200 In number,
gathered here today from all parts of th
United States to attend the funeral of a
7-year-old girl, Anna O'Hara. The funeral
services are a part of the annual burial
customs of the O'Hara clan. Anna O'Hara
waa the only member who died In the past
year.
The O' Haras have two burying grounds,
one here and the other at Louisville, where
once a year they gather for the obsequies
which their traveling business prevents
them from holding except annually. From
here they will go to Louisville for burial
services.
Everything on the
want ad pages from
pianos to poultry.
Speaking of pianos.
some of our big piano firms
tell about their best bargains
on the want-ad page under the
head of "Offered for Sale
Pianos." Th7 know that want-ad readers
look for real bargain there. Oftoa
thy, or otr people, bav slltbtly
naed pUno. too, that may bo
WufM for a fraction of what a aw
bo would cost.
Have 70a looked at the Bee
w-aat ads yet toi&jl
ALWAYS THUS AT TILE
Thugs Hold Up
Circus Crowd
Policeman and Pickpocket Killed in
Duel Following Daring High
way Robbery.
LOGA N8PORT, Ind., April 28. A patrol
man, Joseph Kroeger, and a pickpocket,
whose name Is unknown, were killed In a
duel with revolvers late last night. A sec
ond alleged pickpocket, Charles Pierce of
8cranton. Pa, waa captured this morning
by policemen chasing him on a handcar,
six miles north of this city, and Is charged
with having fired the shot that killed th
policeman.
After the night performance of a circus,
th thugs raided the crowd with revolvers
In their hands. Two of the crooks estab
lished a station on the Third street bridge.
They not only held up and robbed the pas
sengers, but they forced their victims to
line up against the rail to se their succes
sors despoiled.
Patrolman Kroeger came running, and
one of the thugs shot. The policeman fell
but waa able to draw his revolver and
answer. One of the men went down. The
other fled. The policeman, carried Into a
restaurant, moaned "I'm dying. Call my
wife and baby," and lived only a few min
utes. The pickpocket died this morning In St.
Joseph's hospital. Priests and nurses tried
In vain to get a statement of his Identity
from him. As he was dying, a priest bent
over him with a last appeal. Summoning
all his strength, the man shouted, "you go
to hell." He fell back and was dead.
Taft and Party
Reach W ashington
President at Capital Again After At
tending Club Dinner at
Philadelphia.
WASHINGTON. April 2. President
Taft, accompanied by his military aide.
Captain Butt, and Assistant Secretary
Mlachler, reached Washington from Phil
adelphia shortly before 4 o'clock this morn
ing. The party remained In the car "In
dependence" until 7 o'clock, when they
were driven to the White House.
Snow Covers
Parts of Iowa
Several Towns in Central and North
ern Part of State Report an
Inch of Fall.
DES MOINES, April A Snow fell In
Iowa today In the north and central parts.
Mason City reports an Inch, Webster City
the same, while Sibley wired that snow is
still falling.
Wets and Drys Have High
Time at Chillicothe Election
CH1LLICOTHE. O.. April 28 The "wet"
and "dry" election opened In this town
at o:30 o'clock this morning and excitement
is Intense, ss today Is the culmination of
a hot campaign of four months. Women
patrol In front of each polling place In the
town and an army of detectives is working
for the "dry" to prevent any fraud.
Every policeman of the city Is In citizens'
clothes and Is working for th "wets."
Rev. C. W. Eldredge. superintendent of
the Cincinnati division of the Antl-Salonn
league, who has been active In the csm
palgn, and who was recently rotten-egred
by "wets" while he was speaking at Adel
phi, was arrested this morning, charged
with violating the 100 feet limit at a polling
place and Is now In Jail.
Th pollc have arrested several "dry"
workers on the same charge.
When J. I. Wllhgott, secretary of the
local option committee, called at the city
Jail to so th Rev. Mr. Eldredge, It la
claimed by the "drys" he waa assaulted
by Chief of Police Pendergast. Municipal
officer refuse the "drys" admission to the
Jail to see ths "dry" workers, who have
been arrested on one pretext and another.
The "dry" prisoner will resort to habeas
corpus proceedings. Rev. Mr. Eldredge
haa been released on bond.
Bherlff J. Henry Erwope and Judge John
CIRCUS.
BIG HAILSTONES COME DOWN
Fall Heavy, but Little Damage
Reported.
DUNDEE CLAIMS BIGGEST STONE
Harrtoane Visits Rrnle, In Keith
County, Blowing Ilovrn Wires and
Playing Haroe with Loose
Pile of Ln ruber.
And the next day It hailed.
It waa Just before 6 o'clock yesterday
evening when the congealed vapor began
to fall and for twenty minutes there was
a hailstorm which was well worth the
price of admission.
At first the hailstones were not large,
some the size of hazelnuts, others the size
of a bird's egg, but as the storm pro
greased the stones Increased both in size
and number. They fell in such quantities
that the ground was white and they pat
tered on the roofs like a miniature bom
bardment.
City Marshal Trabllcock of Dundee wins
first money wtih his story as to the rum
of some of the stones. He says 'h found
two which measured nine Inches each In
circumference. C. P. Ross, 2GS1 Bpauldlng
street, also reports one which had a girth
of seven and one-half inches.
Many were picked up measuring five
Inches around and those the slzu of the
proverbial pigeon egg were legion. The
damage, however, aa thus far reported was
very light. The glass greenhouses In Hans-
com park were not Injured and aa there
was no wind the hail fell directly down
ward and few, If any, windows were
broken. The late spring doubtless pre
vented much damage to gardena, aa there
la but little vegetation showing above
ground as yet and the fruit trees are also
so backward that It fs not thought they
were damageJd any extent.
The storm cat from the west or north
west and theiaU did not extend south
further than h city limits. At Bellevue
and Fort Crook there was no hail, but
there was a straight wind from the north
west which did Considerable damage and
frightened those who Were In the cyclone
whioh passed over those places almost a
year ago.
At Bellevue Collage the power liouse
smokestack, located Jtlst back of Fonts
nelle hall, was blown over. It crashed Into
the purlor of the ha II which is the girls
dormitory and frightened the residents
but hurt none of them. It Is stated that
at the fort no damage was done. The hail
storm was accompanied by a heavy shower
of rain and although this did not last long,
other showers continued from time to time
during the efenlng.
Out by the Clifton Hill school the heav
lest fall In th city occurred and twelv
windows In the school house were broken.
The Bond nursery at Forty-fifth and
Military avenue lost a large number of
panes.
High Mind In Keith Counts-.
BRULE, Neb.. April 2S.-(8peelal Tele
gram.) A high wind more In the nature of
(Continued on Second Page.)
W. Ooldsberry have sworn In 100 deputies
to control the situation. The county of
ficers declare they will see that the "drys"
get a square deal. Mayor Yaple and the
city officers compose the "wet" organisa
tion In this city.
"Dry" detective swore out warrants for
the arrest of five "wet" workers, charging
them with attempting to bribe voters.
The "wets" pleaded not guilty In city
court and each was held for grand Jury
under Sy0 bond.
Rev. George L. Lake of Portsmouth, O ,
who was assaulted by a "wet" last night
on the street, was injured worse than he
was r.t first thought to be. His left temple
bone was laid bare by a blow with steel
knuckles. Women are petroling the front
and rear doors of all saloons, and are
using csmexas. Miss Myra Powell was ar
rested by a city policeman and her camera
taken from her.
All members of Company H, Fourth regi
ment, Ohio National guard, were later
sworn In as s fecial deputy sheriffs. The
dry organization swore out a warrant for
the arrest of Chief of Police Pendergast
and Sheriff Swop la pursuing the chief,
who Is evading arrest.
Police Captain Bchaffer, when he heard
that habeas corpus proceedings had been
started for th releaan of "dry" prisoner,
weakened and turned all prisoners loose.
ABDUL HAMID
T0SAL0NIKI
Former Sultan and Part of Hit
Family Quietly Removed from
Constantinople by Night.
REJOICING IN THE CAPITAL
State of Siege Was Suspended Until
Ten O'clock Last Night.
TEXT OF DECREE OF DEPOSITION
None of the Newspapers 'Have Good
Word for Ex-Ruler. ,
NEW SULTAN IS RECOGNIZED
Vnlted atntes Takes Formal Action
In Cablegram to Ambassador
Lelshmann ginned by Pres
ident Taft.
CONSTANTINOPLE. April S. Abdul
Hamld, the deposed sultan of Turkey, left
the capital lost night for SalonlkL H is
accompanied by eleven women of hla
harem.
He waa conveyed quietly under cover of
darknesa from the Imperial palace at
Ylldlz to the railroad station In Stamboul.
Shortly after he waa Installed on board
the train pullod out for the west.
The Fetwa, or official decision of the
8helk-Ul-Islam authorizing the deposition
of Abdul Hamld he been made public. It
embraces the questions put by Parliament
to the Shelk-Ul-Islam and his answer
thereto. The text follows:
'What becomes of an Imam (th title of
the sultan of Turkey as head of the ortho
dox faith) who has destroyed certain holy
writing; who has seised property In con
travention to the sheer! laws; who has
committed cruelties ' In ordering the as
sassination and imprisonment of exiles
without any Justification under the sherl
laws; who lias squandered the public
money; who, having sworn to govern ac
cording to the sherlat, has violated his
oath; who, by gifts of money has provoked
tnternlclne bloodshed and civil wsr, and
who no longer is recognized In the prov
inces?" To this the Shelk-tl-Islam replied:
"He must abdicate or be deposed."
Not one of the Constantinople newspapers
has a good word for Abdul Hamlnd. whose
life and reign are being held up to universal
execration. On the other hand th acces
sion of Mehemmed V la regarded a the
dawn of a new era.
In order to enable th public to Indulge
In rejoicings there has been ordered a tem
porary suspension of the state of selge
until 10 o'clock tonight. The city will be
Illuminated, but fireworks have been, pro
hibited. PHISOW ASn LOSS OF MOXF-T
Penalties Which Probably Will Bo
Imposed on Abdnt Hamld.
LONDON. April IWttalil Hamld Bey,'
the local representative of th young Turks,
declared today that when Abdul Hamld
reached Salonlkl he probably would have
to stand trial on the charges set forth in
the Fetwa deposing htm.
"A sentence of execution is not prob
able." continued Halll Hamld Bey. "hut he
probably will be Imprisoned. Abdul Hamld
has, howTvrr, been voluntarily practically
a prisoner for years, so this will be no
great punishment. His property, scqulred
Illegally, will be confiscated hy the state.
I do not anticipate nerlous trouble in the
provinces, except possibly In northern Al
bania, where Abdul Hamld recruited hi
personal bodyguard."
NEW St' I. TAN IS HF.CDG!ZICn
Powers Are Reiner Notified of Chan ore
In Turkish Itearlme.
ST. PKTKRSHCRa. April ?.-Tt Is ex
pected lhat Russia's recognition of th flew
regime in Turkey will be made without
delay, although no official steps ill this
direction yet have been taken. The
Turkish embassy has been decorated With
flags sinew early this morning.
The Turkish embaiisy denies the reports
of reactionary disorders st Krseroum. Ac
cording to its advices the situation In Asia
Minor Is Improving.
In view of the circumstances st Con
stantinople the retirement of M. Sinovioff,
the Rufislan ambassador, has been de
ferred. MONTH CARI5. AprllJ.-Prenldent Fal
lieres of France has sent a telegram to
Mehmed V. conveying his congratulations
n his accession to the throne and his best
wishes.
WASHINGTON. April !8.-Mehmed V, the
new sultan of Turkey, was today officially
recognised as the reigning ruler of that
empire by the Washington government.
This action followed the communication of
the fact to the throne of the new sultan
to the State department by H. Klaslm Bey,
the Turkish ambassador, and similar In
formation from American Ambassador
Irishman at Constantinople. A dispatch
according recognition, signed by President
Tsft. was forwarded to Constantinople to
night for presentation by the ambassador
there.
First Lion Hunt
for Roosevelt
Party Will Start Thursday Morning
from Pease Ranch After Xing
of Beasts.
NAIROBI. British East Africa, April 2S
The members of the Roosevelt party will
start tomorrow from the ranch of Sir Al
fred Peass on their first Hunting expedi
tion after Hons. The .remainder of the
Roosevelt camp waa moved this morning
from Kapttl plains to the Pease ranch.
LIFE TERM FOR BEACH HARGIS
YounsT KrntncLlan I Fonnd fialltr
of Mnrderlnar His rthr,
Judge llargla.
IRVINE, Ky.. April tt.-Bearh Hargls
waa today found guilty of murdering his
father. Judge Hargls, and was given a
life sentence.
Nolrd llurksiss Dead,
KANSAS CITY. Mo.. April JS.-Joeph W.
Troutman. a pioneer stock rslser and at
one time president of the American Angora
Breedars' association, died at hla heme Ml
Comiakey, Kan., today, aged SO years.