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Show V advertise in the .EXAMINER UTAH WEATHER the price it charges, it is THE BEST advertising MEDIUM the city, the EXAMINER REACHES the county as well as the city, our subscrip, books are open TO FORECAST F0 IN tion VERTISERS. . VOL IV THE INDICATIONS are THE WEATHER WILL BE FAIR that AD- SATURDAY AND SUNDAY, NO. 180 OGDEN OF VINDICATOR CITY. MINE E TO APPEAR AS ACCIDENTAL for Haywood Attacks Testimony of Orchard on the Destruction of the Counsel Cripple Creek Property- - Easterly and Copley Swear Boli. Idaho, June 28. The attor lur William D. Haywood e to center tlieir effort nn the lKrrrditins of Harry Orchard and the stabllehment of their claim thit killed Frank Steunenberg in g for the loan of hi intereel in con-iiiu- Or-har- d re-en- mine. he Hercule To-da- they ly atacked the Vindicator esplo--iowith the testimony cf a witnei hat made it appear accidental rather Thornaa Wood, a ha criminal, who entered the Vindfcaior nine a a tlmberman after the strike jegu. swore that the night before the tplosion he placed a bos containing wenty-flrpounds of giant powder it the shaft of the eighth level. He iw the powder the next morning hortly after 10 o'clock, and a few ninutes later Superintendent McCoo. ulck tnd Foreman Beck came to the Itfiih level. They remained hut a hurt time and left to go to the sixth ml. where they were killed. Wood wore that when he reached the shaft venty minutes later the powder was Mt, and it la a reasonable Inference hat UcCorntick and Beck took it with o it, e -- hem. Wood testified that he had seen i revolver In Beck's pocket, that the rtgmenta of only one revolver were ossd on the sixth level,' nnd that the nodies of McCormick and Beck were town apart, indicating tha.t the'ex-ilosio- n had occurred between them, said that be fixed a revolver with a wire attachment, so that when he safety bar was raised it would red a bullet in the giant powder he nid placed. One witness for the state mi sworn that he later found a wire attached to the safety bar, but Wood, who was aiming the first to reach the sixth level after the explosion, said hit he rarefully examined the safety wr and found nothing attached to It. Wood gave his testimony in A dear. Hid forceful manner and told a thrill-jstory of the climb to safety of the ari cut off by the explosion below the sixth level. William Easterly, who concluded his rstlmony this morning, and D. C. Cop-y- , who was called this afternoon, eth swore that they heard Orchard eD of the loss of the Hercules mine ad threaten to kill Stennenberg for it. 'A the state reitd them both, and particularly Kuterly, who received two letters and m telephone message from Orchard s the eve of the killing of Steuuen-erfor remaining quiet when they am a crime might be committed, liuterly contended that' he did not nw that Steunenberg lived at Caldwell and explained, that although he we Thomas Hogan" was Harry he took no steps immediately fttr the crime, except to consult 'uutel for the Federation, because was not an informer, nnd Copley wvted that he did not take Orchard 'fliouily when they met In San Fran-k- o and he told him of the Bradley trehard g n g, -- Or-bir- d, rime. was a further showing as to of the bloodhounds at station, which the defense ret first to the house of . a deputy heriff and then down the roa1 that rchsrd took on his flight to Denver ad na to Wyoming, nnd denials and from Easterly and Copley of ny form of misconduct on the part of he memliera of the Weatero Federa-b- s There he work of Miners. Session in Detail. June 28. Immediately after wit convened this morning the called to the stand Dr. I. U jdriJee. of Wallace. Idaho, a witness r the defense, whose had been deferred. Dr. McUei d d testified that he saw Harry In the Coeur d'AIenes. In 1904. one occasion he obeerved Orch-,r- d In company with a man named oainghsm. Orchard claimed to have jjy11 the Pjaliody bomb to a man of he name. The prosecution today wanted Dr. McGee td describe The witness said be had fre the man but twice, and then almost came to blow over a "Bleal disenasion. 'u Cunningham a stout man?" .2? Ur- Hawley of the prosecution. didnt get that far," replied th Boise, proa-"retk- cross-exaralS- Or-w- Cun-nghs- . - witness. Pd he have a mustache?" 7 don't know, but he had a gun."" olWing Dr. McGee. W. B. Easter-called to continue his testl-,5- lMaun yesterday. ienlej positive v that he 7 "t talked with Harry Orchard 7 Independence depot explosOirhaid waa at Cripple Creek .Jwt'er part of 1903 and Ihe first I1M4. He mined a little." wid the Knew, but he was quite a Bend rd giiidca. He seldom worked hn a month at a time. p asserted that during the Wr Creek strike days tlx re 7 77ofnyhistalk of violence at thea meet-visit-Th- e union encept by visitor proved after-.- , re to lie a reerrt service man In the .trrploy of the mine owner. The fi!'eri alwayn counselled peace, which might i "r 'hat "'mid be attributed to the un- "w-or!- y 1 f he WPnt over much (Mvere,) yesterday In the of W. F. Davis. He told of meeting Bdrire, by Mover and at which the two sccnsed C'l tee-70ll- Jnrgei the miners to maintain Wrj. ,nl order. Vn1 rver hear ll Moyer ard Hay-'rOrchard in Itenver. In your W thin be could notl MORNING. FOR UNLAWFUL FENCING. 28. n Gar-man- y. e pre-enl- cd de-reli- trio-gram.- " 1 r, let-teft- 2 1907 PRICE FIVE CENTS citation tomorrow of further authorities. the same motions in behalf iff Mayor Schmlts, Abraham Hurt aud the Indicted officials of the United Railroads will likewise he submitted and Judge 1 Jislor will render Ms decision one week later. July 5. At the opening of the afternoon session Judge Law lor admialstered a further rebuke and admonition to Attorneys A. A. Moore aud Ms son, Stanley Moore, of counsel for tbe United Railroads, sad Mr. Henev. with respect to yesterday's war iff words that nearly precipitated a fist fight in the audience room of tbe temple Israel, where deparment Eleven of the superior court is teiuporily Helena. Mont, June John T. Murphy, cattleman in Montana aud plantation owner In Florida, waa Indicted by the United States grand Jury today fur the unlawful fencing of 59240 acres of public land situated fierce at Cripple Creek to suit them?" had lost his Interest In a valuable la Yellowstone and Fergus counties. asked Mr. Harrow. mine through Steunenberg and would He was arrested and ia ont on bond. I did not, the witness. replied "Get him." Robert Brownlee, member of the Easterly said he was arrested at 8enator Borah here took up the legislature from Sweet Grass county, Cripple Creek "As a matter of miliof witness. East- 8tate Senator Edward Cardwell iff tary necessity." and was thrown into erly said be was in the CutoraJo during Jefferson conty, were also indicted the bull pen." for several days. the 8teunenberg troubles In the Coeur for unlawful fencing, as well as Cabot Easterly said be waa at home in d'AIenes bed when the Independence depot waa ion. he and. aa a member of the un- Thomas, A. J. Thomas and Bert S hocontributed to the support of rny, prominent cattlemen of eastern destroyed. He did not know what had the Idaho miners. He felt with Montana. happened until next morning. He then others that Governor slap Steunenberg heard that the soldiers were coming waa trying to break up tbe union. Orand went to Cripple Creek, where, chard's threat the governor, af- USE OF RIFLE BULLETS along with many others, he west to ter so manv against years, impressed him. Victor. Easterly said, but he did not really OPPOSED AT THE HAGUE Were yon armed?" asked Darrow. know If the man Intended to carry it No, sir. Not with a rifle. out. Easterly said he had a six shooter." I told Mm he was a vindictive sort At Victor he went to the Union hull of man to Want United States, carry a grudge so long, Countries Great where severs! hundred members of declared Britain and France witness. He only hoard the Western Federation of Miners Orchard the to Change Rifle Belle. make the threat once. were gathered. The streets were fill"You seemed to know Orcha'd preted with all sorts of people, some solty well?" suggested Senator Borah. diers. some detectives and some mine The Hague, June 28. ariou amend-mentPretty well." owners' officials. Easterly declared "And to the British proposal regardthat the soldiers, In passing Feder- him?" Slmpklna seemed to know ation men, would say: ing submarine mines were Yea, sir." There's one that ought to he hang"And when Simpkins came io Sil- to a of the peace coned, or have his head shot off." ver City he told yon about Orchard ?" ference All were aimed at detoday. In the afternoon C. C. Hamlin, secYea, air. He was telling me about retary of the Mine Owners' associa- all the men he met on hie travels." creasing the danger from tion, made a speech in the atreeta In that only Did tell yon what waa mine. Japan suggests which he referred to the Independence going onSimpkins minea which become inoffensive after at Caldwell?" depot explosion and said that fifty He was over tbe southern a limited time shall be need. or more of the leaders ought to ba Idaho field."luokiug Several countries wished to raise hanged and the rest driven out of the Was he going to organize a union the question of prohibiting the rifle district. Then a shot was fired and, In Caldwell?" as Easterly put it, "The fireworks be"No, air, but at Pearl, near there." bullets adopted by Germany, Great gan." Did Simpkins tell you so? Britain, Franca aid.Jh United States, You were armed?" related Dar"No. sir. considering them more dangerous row. Did yon see Moyer at Silver City than "dum diim bullets! It has not Yes, sir." late In 1905?" shall yet been decided which, What did you do?" "Yes, late in October, 1905. he waa present the proposition.' Jpunntry 1 did like many of the others; I there two or three weeks before Simp, Seaor Dr ago h left tne Hague nr " was very badly excited kins came. Moyer was In 8!lver City Paris returning here Tuesday. After "Where did you go?" three or four days" a conversation with General Horace 1 he said first was read of "When the firing. tbe Porter,. Bsasnr Dingo said he was not Easterly over, went up Third avenue and stayed there Steunenberg murder and Orchard's ar- sure that he Would present n propoI in .until saw the inllltla maneuvering rest a Boise paper sition on the collection of. debts by "What do you ktiow about a tele- force. around and apparently surrounding 'k - - the Union hall. Then they began gram being lecelved at Silver City to The committee on the Geneva conshontlng at the hall and I want up take care of Harry Orchard? vention met the afternoon. It waa about a week later that The documentsduring on the hill toward home. On my presented included the way I stopped at Steve Adams' house Harry Hannon, our worsts ry, told me British definition of a warship and an and told him what I had heard and that he had received such a auslllary warship. gQpQ.1' Sennr Barbora, Brasl, strongly supnot to be had declared What did you tell him as to leaving up Easterly ported the American proposition reof tbe time threats this told anybody the country? garding private property at sea. I told him nf the threats I had he had heard Orchard make against " Joseph H. Choate epoke eloquently Governor Steunenberg. heard about him nnd others and told for an hour, concluding with the state him he had better protect himself. And yet you knew that for two mu that President Roosevelt had inWhen I got home I armed myaelf with months prior to the killing Orchard structed him to request vote on the a Winchester and repeating shotgun was lurking around Caldwell end that subject. and then went to Goldfield, Colorado, he had this intention to kill the govAustria and Italy supported the where there was to be a meeting of ernor?" proposition. union, men. I met several of the boys "I knew he had made the remark." The discussion was ailjourned until on the way and they were also arm"And you told no one?" July 2. occur until to me ed. We were going to meet to proafter "It dldnt tect ourselves. the murder. I didnt know where Govwe "While we were at Goldfield NO END TO STRIKE ernor Stennenberg lived." saw the militia and Citlsens' Alliance "After the governors death did you all armed, go- tell anybody?" iid their sympathizers, OF TELEGRAPHERS I told Nugent" ing almnt an-- I taking - Into custody all the union miner they- could find. "But this waa after Mr. Nugent had Easterly sal,l there were but about beea employed by .the defense In this union men in rase, and after OrchsrJ had confess- Strikers Will Stay Out Until a Satistwenty or twepty-flv- e factory Adjustment of Their the hall where the meeting was being ed?" Grievances Is Reached, held at Goldfield. "Yea, sir." When the military started In their You never at any time told any direction the mlnera left the hall and officer of the state iff Idaho?" San Francisco. June 28. When started up the hills. As they went No, air." asked about the telegraphers' strike shots were fired at them. The mlnera You kept It entirely in your own this morning General Superintendent took refuge In nine prospect holes, breast?" but were driven further up and over Storrer of the Postal Telegraph com"I had no occasion to repeat It. the hills. Easterly said that one bulNot until you heard Orchard had pany said that the situation was very let struck within a foot of him, and turned against the Western Federasatisfactory. Business was not behind a splinter of rock struck him over tion of Mlnera." and telegrams were not delayed. The the rye. business community, he added, real "Did you fire back at the soldiers?" (Continued from Page Three.) lied the fact that Ihe wires were In asked Mr. Darrow. working order, for messages were conI did not. I had a shotgun and It stantly being sent and received, dewould not reach that far." SCflllTZ ARRAIGNED ON spite assertions to tbe contrary. He That was the only reason, was It?" was not at all worried by statements Yes, sir." CHARGES MORE TWO given out by the strikers to the effect Easterly detailed bis movements afthat the service was crippled. ter crossing the hill a saying that he Superintendent A. H. May of the reached Denver in a few days. There Unkrn said that the situation Western PeUI-bonAre Indictments Both the the Upon and saw he Haywood, Moyer was clearing Itself. More men were Net Bribes of Grounds name Accepting his Easterly changed going to work dally and business waa te Veto Certain Franchises!; to Bill Brown. The witness said he handled without serious trouble being workwent from place to place, smith or delay. ing where he could, until 1905, when San Francisco, June 28. Before That tbe elegraphen intend to stay he once more came back to Denver. Judge Dunne today Mayor Schmlts ont until a satisfactory adjustment of On his way at Pueblo, he met Orchard was arraigned on two Indictments, one their grievances hss been reached Is and Vaughan. Orchard told him he him with accepting a bribe evidenced by the recommendation of bed been selling life and hail insur- charging of the of I3J50 from the officials of the 8an the general secretary-treasure- r ance and had been making lots of monFrancisco Gas and Electric company, International union that another asEastIn 1905, Colorado. ey; Leaving sessment be levied August 1. in order He to withhold his veto from an ordinerly came to Bllyer City, Idaho. hut ance passed by tbe board iff super- that the strike fund may be further In Denver had seen Orchard again fixing the gas rates for 1906-0- 7 increased. the man had never spoken at any time visors, 85 cents, instead of 75 cents; In reply to the telegram sent by at witness The of any act of violence. other charging him with a bribe of President S. J. Small to the president the . $5,040-- from tbe United Railroads to of the Order rff Railroad Telegraphers then proceeded: . . In November, after I arrived withhold hia veto from an ordinance at St. Louts, President Perham of that elec-irif- v City. L. J. Simpkins came there ororganization wired that the officials of permitting that corporation to at the invitation of our loral to car street the Southern Pacific have assured him Its system. Idaho. aouth in mlnera the ganize Judge Dunne set July 3 as the date that no breach of agreement will ocSimpkins told me that Harry' OrcJ',I on which tbe mayor will answer cur. President Small expressed the selling Caldwell, In was or Tom Hogan belief tbat the trouble would not exthat these Indictments. Insurance anl mining stock snd After motion of sonnael for Theodore tend to the railroad. The well. he seemed to he doing The striking telegraphers say that V. Halsey, agent of the Pacific State that I got a letter from Orchard with the fund already on hand, added and company Telegraph Telephone letter. Did you keep that that the Indictments against Halser to the amount that 1 will be secured o ilri" be set aside on the ground that tho from assessment No. and assessment talk our "Orchard referred to Jury that returned the Indict- No. 2. which will probably be levied grand was selling Pueblo and said that he wbteh wee illegally constituted, were in accordance with the recommendaments wss life insurance in Caldwell, continued by Judge Dunne until next tion of the general secretary-treasurein a pretty valley; that he In Judge Lawlor's they win have enough money t? take morning. . La Tuesday to sell hall and. storm court arguments on the. motion to set care of the San Francisco strikers for orer came to asked me aside the Indictments against Patrick several months. and said I waa I replied to this declined Calhoun and other United Railroad toy well and RECEIVER FOR INSURANCE CO. o officials went over to July 6. second a said he got aame the which he made JUDGE REBUKES ATTORNEYS. Chicago. June 28. On the applies from d then a telephone message tion of Frederick W. Potter, state At the of Insurance. Judge H San Francisco, June 28. H?h' bsd received my W ter. but close this evening of arguments last- nore today appointed a receiver for the motion the Marquette Mutual Life Insurance ing throughout four days, The company of of the company of Chicago. certain aside setting for the well I waa too policies little while. I said no, bribery Indictments against Vice Pres- is uld to have outstanding ident Louis Glass, of the Pacific States amounting to 81.18024Q, and its finan"D?d anything say Onharil orHon company, were submitted cial responsibility is Said by tbe state Intention to kill Governor Telephone Insurance to be so abont by Attorneys Delmas and Coogan for superintendent of Stennenberg?" tbe defense, and Assistant District slight that Its continuation In busihe Attornev Heney and his asslvtnat.s for ness is a menace to tbe public aud X'eriv said that In Colorado he the prosecution. After the written policy bolder. that declare once, heard Orchard do-in- g JUNE by Vickers Sons Maxim, and Including John Brown 4 Uo., hlcb recently was aoMlgamted with the Wolff company, have assembled thirty six previously Independent concerns, shlch will give them control. It is estimated, of about 94 per nut of the steel produced fn Orest Britain It is probiiie that ihe c'mblnatton will inroli e regulation of prices, adjustment uf output to demand and equal dtslrllmtion iff orders. What is primarily aimed at. It ia asserted, ia a combination strong enough is t only to control the trade of ureat Hrittin. but to dominate (be eifn-- l trade of the norld." Tbe combined capital of the proposed combination ia glSO.OOO.OuO. Har-land-- housed. That They Heard Orchard Threaten to Kill Stennenberg. iey SATURDAY UTAH. Choate Males an Eloquent Speech Upon Question at Ihe Hague. The Hague, June 28. The silting today of the first rommiuee of the peace conference afforded an opportunity for Job. II. Choate to deliver aa eloquent speech upholding thr exemption of private property, except contraband, from capture on the high sea. The success of hia speich left th impression that tbe American proposition which in the conference of 1899 was only taken for consider-ailuthis time will be approved unanamtinouslr. The .Ittlng began with consideration of tbe folktwing questions; First -- Do practice and legislation admit of belllgereut slates transforming merchantmen into warships? Second -- in thr case of merchantmen being transformed Into warships, what are the legal conditions which belligerents will have to observe. Third is the present prartlra rel Ing to capture and ronliscatinn of merchantmen sailing under a hostile flag to be maintained or atiolished? Count Tornlellt. Italian, and Sir Edward Fry. British, obeerved that the principal In the first question was generally admitted and thus It wss only necessary to define conditions for the transformation of merchant- n, men. Then began the debate on the exemption nf private property at sea. Baron Macchio. Austria, supiwrted tbe American pro)io.l(in. Senor Barbosa, Brasil, gave a historical survey of the altitude of thu United Sates from the time of Hrnj. Franklin and eulogized the position assumed by the United States, which he declared was the view of the.wholo American continent. He said that when under th declaration contained In th treaty of Paris of 1KM the signatory powers declared the aboll-Ikr- a of privatrering tbe American delegates refused to give their assent on the ground that it did not declare expressly that private property at ar was inviolable. Senor Barbosa concluded by declaring that by the orders iff his ogvernment he associated himself with the American proposal. Mr. Choate then made a speech based on the Americas declaration In the conference of 1K99. He referred to the different occasions In whlrh the United States bad proclaimed ber support of the doctrine by trestle with Prussia in 1875, with Bolivia In 1858 and with Italy la 1871. He enumerated the circumstances under whlrh this principle received the approval of Jurist and the sympathy or nation and wMIe eminent authorities like Palmerston. Cobden, Buntschlle, Nesselrode. Wulesey sod Martens had pronounced themselves In favor It. At tbe flret conference in 1851 Russia declared the matter worthy of consideration saying that the succrss nf tbe American principle would be a "crown of glory to modern diploHis surrey showed tbat the macy." United States bad followed tbe same policy for over a century, earnestly urging in the first days of its existence tbat the principle he adopted. He recalled the vole of the Brussels conference In 1874 on tbe Immunity of private property on land, and asked that the aame principle be extended to private property at sea. Mr. Choate sought to prove that all neutral powers were Interested In the question and that the tendency wss te restrict war to Its proper domain. The privateering of former years was losing more and more In Importance in view of the greet technical perfection of the present day. The speaker declared: One might say the game Is beginning to be not worth the candle." Mr. Choate concluded by saying that President Roosevelt attached such Importance to the question that he wished to evoke an expression of opinion on It by a vote of all the countries represented at the conference. Mr. Choate spok in English, M. Fromageot. France, translating. Count Tornellll said that Italy far-o- n the American principle. The disenasion was then adjourtufi until tbe next meeting oi the committee on Wednesday. Mr. Choate Immediately after the Ittlng left for Amsterdam. After Mr. Choate'e speech M. NelL doff uld that the American proposition would have only the effect of rendering war more frequent On the other hand, the menace to private property, especially in the emu of certain countries whose greatest wealth Is thrir sea commerce, would exercise a salutary Influence upon nations, which, he said, from material considerations would avoid war. it Is reported that M. Nelldoffa statement was received, with murmurs of disapproval. - Tbe Russian delegation presented the following proposition In connection with the proposal: "In bombarding towns, villages, or harbors, the commander of the naval forces shall take necessary measures to spare churches, artistic, sclent lflc and benefipient buildings and hospitals on condition that they are not employed for military purposes." INTERNATIONAL STEEL COMBINE. London, June 28. A great combination of steel and Iron manufacturers similar to those existing in the United States and Germany. 1 In course of formation In Crest Britain with the avowed cbject of combatting American and tferman competition, which is increasing. Nine big cvmpanies, headed WINE FRAUD BILL FASSED. Deputies Vota Confidence In tbs Gov- -' smmsnt'a Policy. Paris, June 28. The chamber of deputies tonight, by a decisive major ity of 120, after an exciting eight hour debate, voted1 confidence tn the government's policy regarding tits wine growers' situation. Premier Clemen-ceau-'s viqtory was more decisive than hia must (rdent friends had expected, hiring the session the extreme socialists put forward speaker after g lieakcr from the aouth, but nut their savage attacks they proved nq match for M. Ulemencesn, who Is a past grand master in parliamentary debate. Tbe premier made hia defrase of the government's use of the force on tbe ground that the situation In the south, with 240 municipalities striking and thuir population refusing te pay taxes, With eonauni-mat- e could not be skill he replied to the reprosche tbat they bad become reactionary by recalling tbe long years during which he had fought againal oppression and injustice and by referring to the lime when, aa at Mont Martre under the commune, he also sacrificed his life In endeavoring to save French officers from a mob. After ClemencMu had ronciuded M. attempted Jaurea, the socialist to lura the tide, but it waa loo late to make an Impression, and by a succession uf voles thr cabinet was sustained. The senate tonight passed tbe wine fraud MU. with-standin- ink-rate- TAFT DENOUNCES Is a tl-Washington, June 28.--Inf falHchuo," said Secretary Taft today, tvben his attention waa called on of to the repm-tthe part of the admlnslraiion of the management of the affairs under Ihe Isthmian canal eomntiaalon and of tho intention of the officers engaged In tbat werk to relinquish It and return to the United States. Th secretary waa very emphatic in his declaration tbat he had nut received a single lJeuL-GokmrommuncaUim from showing in any way that he waa dissatisfied or decided to end his connection with th work. "No ImmedlBl change is contemplated In the administration of affairs on tbs Isthmus." continued the secretary, "and there baa not been a single kick of any sort. There la no truth In the stories of Ihe aimy officers asking for leaves of absence te return to tbe United 8tates, su fVn-tlja- l JURY UNABLE TO AGREE. KimVay, Ohio, June 28. The Jury in the case of the State of Ohio against the Standard Oil company, charged with vt'datlng the anti-trus- t laws, this morning reported to Judge Duncan that it had been found Impossible te Tho court agree upon a verdict. thereupon ordered the Jury discharged. According to rdmor, th Jury when it first retired stood six for conviction and six for aculqttal. Subsequently, it is said, the Jnry stood eight to four for acquittal, and when the disagreement report wan brought In tha vote stood seven to five. The rses was given to the Jury on Wednesday list. BANK! VS. EXPRESS COMPANIES. Washington. June 28. One of the most important cases yet filed with the Interstate commerce commission under tbe new railroad rate law was today presented by the American Bankers association, which alleges that the exnress companies, through the power and facilities as common carriers, are usurping the prerogatives of banking nssorlstions and at the same time employing the capital of the t nf tbeir business. banks in tbe It is alleged that the eshange business of ihe express companies and the relations which they have with the rallruaj companies enable them to seriously discriminate against regular commercial operations of banking Inst it Ions. The complaint la directed against the Adams, United States, SouthAmerican. Pacific, Wclle-Fargo- . ern nnd Great Northern Express companies. con-luc- oooooooooooooooo o O o o o o o o o o HARRIMAN NOT TO RETIRE. O New June Mr. Hsrriman sai asked today if there was any truth in tbe tumors of his retirement from the presidency of the Unton and Southern Pacific railroad.' He smiled broadly us he replied: ' York, 28. o o "Ye. I hare been thinking of o doing so." o "When?" was asked; o Mr. Hsrriman again :' "Boys." o o o o o o o o o o o o o o o o o o o o o o he said, "I hope you will- be able to attend my funeral." Do you mean you win not retire until then?" "Thata about what it looks like." said Mr. Hsrriman, with an air of resignation, "If they keep on making trouble for me. Tbe longer they make trouble the longer I shill have to stay." "What about the report that yon are to retire aa president and become chairman of the board? he was asked. "There is no chairman of the board in this company, replied1 Mr. Hsrriman. "And besides. I dont want any more gold lace. 1 saw all the gold lare I wanted m the revenue cutters yesterday." - F Basis of Argument of At toroey in the Loving Harder Trial. Houston. Ya June 28. The argu. ment of the attorney in the trial of former Judge Wan. G. Loving for the murder of Theodore Estes was begun late Ibis afternoon. Tbe instructions aa read by Judge Barksdale dlacusnsd murder In Its various degrees, reasons b la doubt, the time allowance for a man's angry passions to subside, and insanity. Instructions prepared by th proaerutioa touching on (he unwriten law" were stricken out by the court. They declared that the law, by which k meant the right of th rliiaen to become the avenger of hie own wrongs In a iflan-ne- r ao authorised by law or against law, baa no place in the criminal Jurisprudence uf Virginia. Attorney Harmon of Chariot teavi lie, for th prosecution, and Attorney Aubrey K. Strode, for She defense, spok an hour nnd a half each Uils afternoon and tbe court adjourned until tomorrow morning. Messrs. Moure, Barksdale and Lee will then apeak for the defense, and then commonweal tha attorney. Wood Bouldln of Halifax county will ckw for th prosecution. Mr. Harmon sought to show that) Judge Loving killed Xhrfea after "deliberation, premeditation and upuao liberation, premad Hat km and upon waa a aane and responsible , man at tbe time of tbe killing, thue making Ihe offense murder In the first de,. gree. There Is no evidence In thin raae he said "to show that young Esteg had been guilty of any wrongBs4ng and you have no right to baoe your, terdlct. on any aaoumptka he- wag guilty." Attorney fttrode based bin plea almost esdueivrly on th unwritten law. He aaid: "The first principle of tbe law U to put yourself In tho place of that who Is before you far triaL Tho uon wealth demand that Ufa of tho defendant nnd T -I- rriT il fs nef undervalue life; Bat them ia sesimffelng sweeter to all Virginians the turner nnd the purity of our women. We have written In our laws that if a man attempts to assault one of our daughters he has forfeited bio Ufa. 2D AD PROTECT "You gvntlemeu of th Jsry ban nothing to do wtfh the truth or th falsity of tho story that Mias Loving told her father. When he heard that bla daughter waa brought home drugged sad unconscious by a young man, to wboaa courtesy and chivalry she bad been entrusted, he labored with his passions and remained away from the sight of young Bstea until be heard the atziry of her ruin from her own Ups" He discussed Judge Loving's straggles against the whisky habit, tho buggy ride and the testimony of tho insanity experts. II appealed to each ' Juror to pleat himself In tbe same position as Judge living sad not to lot "old Halifax go back on that established precedent that one of our moat Cheerful and best duties ia the protection of the honor anJ the virtue of our women." During Mr. Strode' address Judgo Loving occasionally lifted his handkerchief to Ilia eyes, but displayed little emotion. Hia wife wept. 4 i ! if i! i : f H - BTORY. I PROTECT o ; t r ' . - II ' i 4 t ; -- CIGARETTE LAW INVALID. fhlrago, June 28. Judge Chytrao today declared tbe law passed by tho last legislature anil prohibiting the sale of cigarettes in Illinois, Invalid. He held that tbe body iff the act did not conform to tbe title. The Judge declared that the law was declared to be aa act to regulate when In fact It waa an act to prohibit . FIVE YEARS FOR BECHTEL. Minneapolis. June 28. W. F. Bechtel, former president of the North-weter- n National life Insurance company was today sentenced to stales prison for five yearn. He waa convicted of giand larceny from the com-P- y. MINERS' AGREEMENT. Philadelphia, June 28. The agreement between the anthracite mine workers and operators, made tn New York last year, expires la the spring of 1949. o o o o OOOOOOOOOOOOOOOO O o o O o o mcfarland defeats NEARY. o o o o o o o Milwaukee. June 28. Packy o o o McFarland, the Chicago light- o o o weight, defeated Charles Neary o o o o of Milwaukee In a o o bout before the Badger Athletic o o o club tonight. The decision waa o o o o received with cheers. o o McFhrlanj had the better of o o o the Milwaukee boy in nearly o o o every round. He used a left o o o Jab and landed It at will. Oc- o o o casionally he whipped la right o o o o tn tbe head and a few stiff o o Neary worked on hia o o o o opponent's body most of tbe o o time. When be tried hia fa- o o o mous awing for the head o o o Parky was not there. Neary o o got In considerable body pun- o o o ishment In the clinches, but to o o o offset that the Chicago hoy o o o landed four or five blows to o o o Neary's one In tbe free fight- o o o ing. o o o o tan-rou- 00000000000090 0009000000000000 kwLj H a i |