The Courier-Journal from Louisville, Kentucky • Page 1

1 J- ounct-joutna VOL. GXVI. NEW SERIES NO. LOUISVILLE, SATURDAY MORNING, NOVEMBER .4, 1911. 12 PAGES.

PRICE THREE CENTS. ION TRAINS FIVE CENTS. H.Y. FIND EVIDENCE BIG RALLY IN merits was the one providing for a graduated burial benefit, according to the length of membership in the union, instead of the flat rate of $75. 4 i I Keatucky-CIoudy and somewhat warm-L caturday; Sunday fair.

fyna-Clcudy and somewhat warmer i lc0' fnir. moderate south WOMAN JURORS MAY WEAR HATS IN COURT FOOTBALL TEAM TURNS DOWN J. P. MORGAN PREMIER NOW REBEL LEADER Los Angeles, Cal Nov. 3.

Woman Jurors may wear their hats while sitting in the Jury box. according to a ruling made yesterday by Judss Cassldy In tne Superior Court. The matter came up during the trial of A. A. jKlng, of Watts, who was acquitted by a Jury composed entirely of women, on the charge of printing a "story in his newspaper in violation of law.

i. i nf 1.0 VP- nlre of uflmpn one Of the prospec- J. tlve jurors asked whether it was permissible to wear her hat In the Jury box. The Judge answered that It was entirely optional with the Jurors. Several women continued to wear their hats, others removed them.

"I've been converted," said Editor ICing, after the verdict was read. "I fought suffrage, but now I'm a booster." BATTLE IN HIGHEST COURT OVER THE REFERENDUM JUSTICES PUT CRITICAL QUESTIONS TOLAWYERS. ADVOCATES OE CONSTITUTIONALITY FEEL ENCOUBAGED. COUNSEL FROM ALL SECTIONS Washington, Nov. 3.

The critical manner In which the Sunreme Court of the United States to-day listened to arguments that the Initiative and referendum method of legislation was brought encouragement to the friends -t the sys tem. Oral anruments on both siaes ol uro question vwere completed before the court ddjourned for the day. E. S. Pillsbury.

of San Francisco, and B. RDunlway, of Portland. were heard in opposition to the method In two ore- DlcKnrv r-omarkpd on cases. When Mr. Pillsbury remarKea that tnere could not, with due regard lor the Federal Constitu'Jon, be two legislative powers in a State, namely the Legislature itnd the people.

Justice Lurton interrupted him. "What is a State Constitution but an organic act of legislation by the people?" jiqulred the Justice. "That Is exprtssly what I understand It to be," responded air. Pillsbury. "Then there Is legislative power in the suggested the people might put into their State Constitution anytnms not In conflict with the restrictions the Federal Constitution.

k. which you claim are violated in this particular case?" inQuirta umer justice iulc "The provision for a Legislature. The Cirlef Justice asked him to read it. "I cannot reaa ii il i aaM th. o.ftnrney.

ADO also the Constitution has been construeo by tits pourtto Imply that there must De KENTUCKY HORSE TAKES RIBBON IN GAITEO CLASS Iog Fight Enlivens Society Night At the St. Louis Horse Show. SL Louis. Nov. 3.

Socte-tv nich-t xt the St. Louis Horse Show was enlivened by a aog ngni. ausa Loula Lens's terrier, vanity, while beside Its mistress, spied Adol-phus Busch's Dalmatian slttine serenely between the rear wheels In Busah's turnout tn the pairs In harness and his high stepper cias. Vanity made for the coach dog and a lively engagement ensued, requiring, the efforts of three ring attendant to separate the combatants. In the roadsters pairs with appointment class Byth Maid and Colonel, owned by Miss Anna Beyerly, Columbus, got third prize.

Miss Ixnila Long, of Kansas City, got first place with Revelation and Hesitation in the plrs in harness with appointments, high stepper class. Royal and Regent, owned by Adolphus Buach were second, and The Senator and Rochelle, owned by William SI. Marshall, Chicago, third. Ball Brothers, of Versailles. took a blue ribbon in the Sve-gaited class with Sadie Macey.

ARABIAN WOMEN RACED TO PIECES BY ITALIANS WHOLESALE MASSACRES ABE BEPOBTED IN TRIPOLI. ENGLISH OFFICES PLEADS FOB. INTERFERENCE. LETTER TO BRITISH PRESS Iondoa, 3. The agitation against alleged atrocities by Italians In Tripoli which has sprung up in the British press and.

Is. supported by a few members of the Housft-joC Commons since uncensored reports- arrived here from English news paper correspondents concerning recent occurrences: in Tripoli received fresh impetus to-nlfct through a telegram received by a news agency from Herbert Montagu, a Second Lieutenant of the Fifth Fusiliers Lieut. Montage telegraphed from Soukel-yohama by way of Dehibat on the frontier of Tunis as follows: "I feel It ray duty to send to you the following telegram and I beg you, In the name of to publish It throughout England. I am an English officer now voluntarily serving In the Turkish army here. "As you know already about the ferocious resistance which the Turks and Arabs are offering the Italians, I will only express my admiration for their bravery and fortitude, which would warm the heart of any Englishman or of any true; soldier tn the world.

Irtir and driving tne Italians out of Arab houses which they had fortified and were holding, we discovered the bodies of some' 120-women and children with thelrj hands and feet bound, mutilated, pierced and torn on we found a mosaic fliipii with bodies of women and children mu iiifltoH almost, bevonri rpcnirniMon nM not count them, out tnere must have been or "Tho ide-Jt the Italians when they slaughtered; tfie Innocents obviously was one of revenue for. their heavy losses in battle. we are jHLth1 monaent under a heavy OF POISON PLOT Chicago Woman Charged With Officer's Murder. Discover Arsenic In Body of Former Roomer. Remains of Other Alleged Victims To Be Exhumed POLICE GUARD AT SICK BED Chicago, Nov.

3. Mrs. Louise Vennllva to-day was formally charged witk tne murder of Policeman Arthur Blsaonetta by poisoning him' with areenlc, folKfwlng the report of toxlcologists who had examined the viscera of the -dead, roomer at the widow's home. Coroner Hoffman announced that he will have" exhumed; the bodies of at least two of the other el girt persons who have died 'In her home during the past eighteen years. Prof.

Walter L. Haines, Dr. Ralph W. Webster ar-i Dr. E.

LeCount reported to the Coroner that they found more than enough- arsenic In the liver and other organs of Btaeonetto to have caused his death. Chief of. Police McWeeny, who. with State's Attorney J. E.

W. Way man and several, police officers, had listened to tho toxlcologists' report to -the Coroner, Immediately swore out a warrant for the who had been under close police surveillance. She had been 111 with pneumonia, and her condition was such that Capt. Harding, the police officer In charge of the investigation, agreed, to await service of the warrant until to-mor-iow, but added several men to the guard watching the suspected widow. To Exhume More Bodies.

Coroner Hoffman likewise became active and procured permits from relatives of former acquaintances of the widow whose deatlis now have come under suspicion to exhume the bodies for toxico-logical examination. There is a State law forbidding the use of arsenic in embalming, and the Coroner announced that If the poison was found in the bodies dug up the undertakers would be asked for certificates showing whether the law was disobeyed, and if it was not an effort; would be connect the widow with1 the administering of the poison. Considerable caution governs advance of the Investigation, as until the report of the toxlcologists to-day the Coroner was not satlsiied with the evidence he had aa a basis for arrest, and he made it clear no more arrests would be made for several days, If at alL Hunt For Evidence. Dozens of detectivee-wlll search for further --djrht on- rhe deatlia iSrTHVifi preceded" thS demiaw: of-Stesonelte, while the decedents were living at Mrs. Ver-milya's home.

Just what would Coroner Hoffman declined to say. It was iiiumaiea, nowever, one ox tnem would be thai of Conductor Richard T. Smith, who, boasting of his having lived as the husband of the' widow thoueti not mar ried to her was taken suddenly III and died under circumstances th.t stn imvx arouseu omciai curiosity It developed he had obtained life insurance a short time before, of which she was to be the bene ficiary. Ihe seven other deaths were: Fred Brinkamp, first husband of Mrs. Vermilya.

left $5,000 to the wldo-w. Charles VermUya, second husband, died two years ago, leaving $2,000. Frank Brinkamp, son by first marriage, died a year ago, leaving mother $1,200. Harry J. Vermilya, stepson, died a year ago after quarrel with his stepmother over the sale of a house.

Lillian Brinkamp, granddaughter of Mrs. Vermilya. Cora Brinkamp, daughter, died when 8 years old, at former home, Barring-ton, I1L Florence Brinkamp, daughter, died at 4 yeara of age, at Barrlngton. Tells of Engagement. When first examined after Bissonette's death.

Mrs. verrmiya declared the policeman was engaged to marrv her. This was disproved by the discovery later of his wui, maae oniy a snort time berore, leaving all his property, amounttnsr to about $1,500. to his nance, Miss Laura Rlvard, Marshall, limn. Other state-mpn-ts mad by her also were nroven to be untrue, and Capt.

Harding, while unwilling to arrest her, immediately placed her umier surveiiian.ee. A surprise was caused last night when she asked permission to caJl nor lawyer and make a will. After this a doctor was cailetl and announced that she was Buffering from Reports received by tha police from Peoria, I1L, where Mrs. iVermilya formerly lived. Indicated that corpses had possessed a morbid fascination for her, and that she had been nformally attached to an undertaking establishment there, and spent most of er leisure time aiding the employes.

Mrs. Vermilya collapsed when informed the experts had found poison In the viscera of Btasonette, bat she showed no concern after recovering and declined to make any statement. The Increased guard, however, was instructed not to allow her to pass a momfnt except under a watchful eye, lest In fespondency she might attempt to Injure herself. POLITICAL POT WILL BOIL IN TENNESSEE Independent Democrats To Prepare Primary Plan Momtain Republicans WillLMeet. Nashville, Ncr.

3. To-morrow promises to be one of Interest to both parties In Tennessee. The Independent Democratic State Commltteejwin meet here at noon, and from the sedecy attending the nrpllminarles develODmhts are At the last meeting a Jubcoramlttee was At "ie, 1 i Tht otiiS justice asked tor the oases Injlimlnary Constitution drawn up at a a.n-wSch thl polnfhtali issue, but the sie situnE of. an aembly which refused shrapneh ou- must, excuse -nietJrH? -atGfdSlSiB'l'. throned parttajMie trlrSarty tothe aeoaie.

StaXoscould ask the United States to nut wime tne nominal vrovernment, aci-SiSeKood Its promise that every Stale Ins under dictation, pardons reue.s, fronts should have a republican form ot govern- BeneraJ amnesties and promises not tu ein-a AoAwration. he' said, could not ploy force against the revolutionists, tne becfuirthe Siaianty was to the war board proceeds steadily in efforts do so because uie ,0 at Hankow and Mates. Rklnf th Tat Vnan TTii raJtw.T.v altnnna'ii LAUREL COUNTY McCreary and.Garnett Out-draw Judge 0'Rear. Candidate For Governor Prac-. tically Ends Campaign.

Ollie James Replies To Senator Bradley. DEMOCRATS CLAIM VICTORY London, Ky.t Nov. 3. (Special.) Showing no ill effects of his long and arduous campaign and In fact five pounds heavier than when he opened In Bowling Green two months ago. Senator James B.

Mc Creary virtually closed his campaign here this afternoon, as he will rest at his home In Richmond to-morrow and make a short speech to the voters of Madison county Monday. More than 1,000 voters from Laurel, Knox and Whitley counties were here to-day to welcome Senator McCreary, James Garnett and Robert L. Greene, two of his associates on the ticket. The closing of his campaign was even more auspicious than was his opening, and as he boarded the train to-night for Richmond he expressed himself as highly pleased with conditions as he found them in the Eleventh congressional district. School Dismissed.

All preparations for the big rally here to-day were made by E. H. Johnson, campaign chairman for Laurel county, and a brass band from Lexington furnished mu sic for the occasion. The event is said to have been one of the biggest, of a po litical nature, ever held in London. Tho speaking began at 10:30 o'clock, Mr.

Garnett speaking for an hour and a half, at which time an adjournment was taken for dinner. Senator McCreary began speaking at 1 o'clock, and for two hours he discussed the issues of the campaign to a crowd which filled every foot of space In the courtroom. A feature of the speaking this afternoon was the iu teres shown by the School Superintendent who treated Senator McCreary with the same deference shown Judge on i his recent visit here. and school having been dismissed shortly after 1 0.clock Uie pupIs marched to the I courtroom. But upon their arrival not a ot waj vacant, fully 200 men i standing in tne aisies and around the walls.

Senator McCreary. had stopped for a few minutes while tha band serenaded tho pupils in the courthouse yard. As the children, marched mournfully away after the band concert a wag remarked that it was voters versus children, the voters hearing McCreary, while the children com- Talks On Reapportionment. In his speech to-day Senator McCreary took up the question of apportionment on which Judge O'Rear based his campaign i Jr, lslaitlve and senatorial districts contained too many counties. On Instance cited by Senator McCreary was Beil county, wtiich showed an increase In population of 13,000 In ten years.

These matters, he said, were now In the nanas or a reaistnciing com- nrnvilntwl at th lart nf to make a report or its nndinga to tne next Legislature. On this commission, be said, were Lieut. Gov. V. H.

Cox, StaAe Senator A. R. Burnaoi, of Richmond, and Representative Welch, of Estill county, three of the most prominent Republicans In the State, and he had every reason to believe, he said, that this commission would make a report that would be satisfactory to all concerned. Senator McCreary said that while Judge O'Rear had charged the Democrats with being responsible for the present apport.onment law, he had never referred to the redls-tricting commission which had been named by a Democratic Legislature, Republican Pactional Fights. Factional fights between the Republicans In various counties in the district, according to statements made by leading members of the various factions, augurs well for the Democrats throughout the mountains.

These fights are exceptionally uit-ter in Laurel, Knox and Whitley counties between the Edwards and Powers factions, and In the remainder of the Seventeenth senatorial district, due to the efforts of certain Republican leaders to defeat State Senator Joe F. Bosworth, the Republican nominee for re-election, with an independent Republican, who will be on the ballot under his photograph as a device. Throughout the senatorial district the antl-Bosworth men are circulating the report that Bosworth is a brother of Henri' Bosworth, who, while Sheriff of Fayette county, arrested Caleb Powers on a charge of complicity In the assassination of GoebeL Notwithstanding this report, all of which is true, Powers Is heartllr supporting Bosworth for re-election, and is sending couriers throughout the district with the word 'to support Bosworth. In addition to this Powers and leading members of his faction are speaking dally ana interest or aodwortn and paying very little attention to the State ticket, the slogan of the campaign being save Bosworth, who Is a loyal advocate of the good roads movement tnrougnouL me oui-ie. Fall Below Willson's Majority.

So bitter has the fight become between the two factions, Is said, that the Re publican zsyixe Hcnex win loss neaviiy in practically every county, not on-Iy in the Seventeenth senatorial district, but throughout the Eleventh congressional district as well, and It is freely predicted in London by conservative Republicans that me majority ior me state acKet in -the district will fall below that obtained by Wllkson four years ago, when It gave slightly more than 17.000 majority. Another reason the Republican majority Is not likely to reach the figures claimed by John W. Langley, chairman of the Republican Campaign Committee, according to leading Republicans of the district. Is the fact that James Garnett, the Democratic candidate for Attorney General, is from the Eleventh district, and Is regarded as one of. the most popular men in the district.

It Is estimated by local Republicans that he will poll at least 400 Republican votes 'In Laurel county alone. Garnett Is popular with men of both parties has been demonstrated during the past few days, he having been told by more than 300 Republicans In Bell, Harlan and Laurel counties that they intended to support him. The defense made by Garnett of the slurs cast on the citizenship of the district by ThomaB Vinson, the Republican nominee for Superintendent of Public Instruction, that all. the money collected by nhe Campaign Committee would be used in the Eleventh district with a view of obtaining a majority of 40,000, has resulted In hundreds of voters coming to the aid of Garnett and the Democratic ticket. In order to repay him.

In a measure, for this defense, these voters have openly promised him their support, more than 100 Republicans of Laurel county, who (Continued. On Second a DIES SUDDENLY Former Louisville Man Succumbs To Heart Trouble. Once L. N. President and Figured In Wall Street.

Widely Known as Lavish Entertainer Socially. WIDOW LEAVES FOR EAST Atlantic City. N. Nov. 3.

(Spe- clal. H. Victor Newcomb, former president of tho Louisville Nashville railroad, and twenty years ago a dominant flsure in Wall street, died hero at 9:30 o'clock, last nisht his cottage, 172 States avenue. Neuralsta of the heart seised him yesterday arid death claimed him euddenly. Mr.

Newcomb retired, from active business life several years ago. On the advice of his physician he came here to -live permanently in X908. Yesterday he complained to friends of his ailment, but it was not believed to be serious until lata In the afternoon. DOBUNAKT TN WAIiI, STREET. Organized "Ciuted States National Bank In New York.

New York. Nov. 3. (Special.) Thir ty years ag-o Mr. Newcomb was one of the well known operators.

In street. When a. young man he wrae to this city and engaged in the-cuitee business with his uncle. Then nc went to England for, several years na nmshed his, education. When he returned to Louisville ne married Miss Florence Danforth.

When he was about SO years old Mr. Newcomb succeeded his father as pres ident of the Louisville Nashville, and was known as "The Boy Fresi-aent." Hoon' after this he showed his railroad ability by organizing a. belt tine system that connected th ter minals of thirteen railroads. In USUI, when he resigned the presidency of the Louisvilie Nashville, tnd came to this city, he was reputed ui ui ne was a arge operator on tne le or ganized the United States National tiank and had associated with him Gen. Grant.

William K. Travors, Morris Jessup, Henry B. Hyde and Logan Jiuu, ot uuvnie, wno was mter-esiea in tne Institution for fourteen years uuiiug. wmca urns jot. jiurray uvea in I'onx.

Mr. Newcomb was president iourteen months and resigned on account of ill-oealth. WIDELY KNOWN HEBE." Newcomb Prominent In finan cial and Social Circles. Eriiss dlsnatoUe announcuu: the deruth of 11. Victor Newcomb in New York aroused wide interest in Louisvilie busi ness and social circles yesterday.

The son of one of the presidents of the L. ran road and niinseil head of that cor poration for about a year, Mr. Newcomb was. some thirty years ago, a power in local Ilnaaciai circles and a lavish enter tainer socially. Mr Newcomb was born In Louisvilie In 1S44.

He received his preparatory education In tiiis city and entered Harvard College, but ill health caused him to leave tnat institution snortiy oeiore tne tmle when he would have been gradu ated, in nis twenty-rirst year. He completed his education abroad and in 1S65 look an interest tne oansing nouse oi E. Morgan Co. in New York. A tew months later he became a partner in the concern of Warren, Newcomb of Louisvilie, the name subsequently being changed to H.

D. Newcomb Co. and later still to Newcomb, Buchanan the last-named concern being en gaged In the wholesale grocery and Liquor business. Newcomb, Buchanan Co. also owned the Indiana Cotton Mills.

located at canneiton. ina. rne. cotton mills are still In existence, having proved a profitable Industry. While H.

D. Newcomb, his father, was president of the Louisville Nashville railroad Mr. Newcomb was sent to London In the interest of the road, and, although comparatively Inexperienced In finance, successfully lloated a. large bond issue for the road In England. This was in 1874.

Following the death of his father Mr. Newcomb was elected to succeed the former as a director of the L. x- Later he was elected vice pres ident of the road, and finally, early In 1SS0, he was elected president of the L. Ne-t in-' ice for vear, but was compelled to resign as a result of a recurrence of the ill health whih had marred his college course. After a period of several months' rest and travel Mr.

Newcomb located In New York and once more helped organize the United States Bank in that city. He was oictfvi nresident of the Institution, and associated with him' as directors were President U. 9. Morris K. Jessup and the late Henry B.

Hyde. Failing health eventually compelled him to retire from active business, and the last fifteen or twenty years of his life were spent In travel or recreation at his residences in New York and Atlantic City. He was a man of hospitable Inclinations and was widely known for his lavish entertainment of his friends and relatives. He was the first American known to have T-mrurcprf th Sahara Desert. Mr Newcomb was married In 1SG6 to Mls Florence Ward Danforth, of Louis-vP'e Three children were bom of the union: Edyth ward isewcomo, nermann Newcomb and Florence Newcomb.

The first-two are living; the latter died while still an Infant. Miss Newcombs home Is In New York. Mrs. Newcomb. who had been vi4tJnr 'n Lou'svllle.

and hor nn. Hermann D. Newcomb. left yes terdav for New York on receipt of the telegram announcing Mr. New comb' 3 ih which was wholly unexnected.

a late hour last night no word had been received by Louisville relatives as to the funeral arrangements. Klnfolk here were still uninformed as to whether the DOOy WOUlu ue uiuukui iu Luiwvma or Would oe cruncu iicw iuir- R0CKP0RT. HAS TWO RIVAL MARSHALS Evansville, Nov. Taylor Jacobs, of Rockport, had dismissed from the force Town Mar-thai Thomas Ellis, who has served the ritv for several years. He has 'appointed Clvde Brown, Marshal.

Ellis says he will continue iu acuu a r-nhq has no cause to dismiss bim- For the time being Rockport has kW Marshals. members of the City Council are back of Ellis. LOW WATER STOPS CUMBERLAND TRAFFIC Clarksvllle, Nov. 3. (Special.

)- Rod Dudley, of the Cumhflr. land River Steamboat Is tied up at tho wharf here on account of low water. She was put in the Nashville and Padu-car- trr.de a week ago, but was able to make but one round trip before the river Mil back to nearty nYv-aier mars, a second trip was attempted from Pad can, thte week, and Brush Creek, twelve miles above this city, was reached yesterday morning southwest winds. and Kmewhat Wa- IS fair Saturday, ouiiuj THE LATEST. Cambridge, Si An aorn clergyman accuseo.

Boon girl, lnaicaieu will try to show that some nrnnnAii Rlcheson iFsn Avis Iilnnell. the Eve tne which Foilowtns the discovery of arsenic tj the remains u. home. Mrs. Louise Vermllya, of was charged with murder.

bodies of at least wo ui k.k"r who have died under Busplcloue Ijilreiimsiances win be exhumed. Victor N'ewcomb. former president if the L. railroad and citizen or toulsvllle. died suddenly at Atlantic IClly.

Tnursoaj Ulgui. mi. aiow-fcomb wis at one time a dominant iipire in Wall street je O'N'eil Browne admitted before Bjlie Snato Investigating uommitieo Ithe Ixirlmer case that during his en-Ijlre career as a legislator In Illinois he ijras attorney ior iwuu. jcf his district. According to the news advices in Er.Hsnd hundreds of Arabian and kfah women and children have been lilatightered and their bodies horribly ijnntllated by the Italians at Tripoli.

A plan to merge all the young peo- pie's church societies in mm country and Canada to tight the liquor traffic. social evil and dishonesty in public jjlia was launched at Chicago. The "progressives" of the country faced the first battle over the constitutionality of the initiative and ref- 'e-endum before the Supreme Court set the United States yesterday. to Hi In a review of the campaign Just 'dosing. Chairman vansant, or tne jjenocratlc Committee, prediots the greatest majority in twenty-five years for Kentucky Democrats: The contents of the Franco-German Jreaty over the Moroccan dispute, taade public yesterday, are reported po have brought the two nations.

Into tomuleta accord. I Business failures in the United Putes for the week ended were TOO against 231 tho woek be- 'oro and 179 la tbo like waok ot 110. President Taft must appear before Ithe L'ltction Board In Cincinnati and jhiake affidavit that he Is a legal voter he can cast his ballot Tuesday The gas main of the Cincinnati Gas ilransportatlon Company burst yester- Jday near Maysvllle, followed by an jtiplosion heard for miles. Two thousand officers and men of the Mexican army In lower California jester lay took the oath of allegiance to the Mexican finvprnmpnt Norman J. CoJman.

first Secretary ARHculture of the United States, died a train which was carrying him to fcis home In St. Louis Congressman Ollle James. In a speech at Lexington last night, replied to the remarks directed toward Mm J'J' Senator Rradley. Jutice p. b.

for ten years on Circuit bench here, died in his ninetieth yar his home in Pewee Val-lt' veslerdav. 1. H. Wise. Democrat, ha.q filed n.

corit.s: for the seat of T. S. Crage, Kepui lit.aii. elected from a Pennsylvania district. Chine-so revolutionists captured and se-eral smaller towns, of imperial soldiers joining ranks.

hive men were killed and one prob- paiiy latallv hurt when an enrine through a bridge near Clin jttn. in. The Jury in the McRee murder trial at Ufjoluu.sna. failed to agree upon verdict and was discharged yester- Hepublican insurgents, it is pre- dieted, will press a bill for a presl- primary when Congress meets. Senator McCreary spoke to a large Ejcrowd at London yesterday, practically gluing nis campaign for Governor.

Pierce McChesney was crushed to fedeath yesterday while loading logs on 2 car at Repton, near Marion. Kentucky militia officers will report or a school of Instruction at Lex November 12. An extra rjanel of fortv men won or- dered in tho McNamara case at Los yesterday. speaker Champ Clark is being boomed for president of the Southern In Washington. i Judge O'Rear spoke at Falmouth yttirday to about 400 people thimnnen.ts of the method Boston, Nov.

S. J. Plerpnnt Morgan, whose gifts totaling 'made possible the present Harvard Medical School, has had his application for two football tickets to the Harvard-Yale game rejected because he failed to agree to a technical requirement. Mr. Morgan wrote inclosing $4 in payment, and stated that In all probability he would not use the tickets personally.

As every applicant for a ticket Is required to use one the tickets personally before his application is filled, Mr, Morgan's money was promptly returned. Mr. Morgan, who received his academic training at the University of Gottlngen, has had no connection with Harvard except in the capacity of donator, but an honorary degree from Yale entitles him to graduate privileges. GERMANY AND FRANCE AT LAST IN ACCORD SUMlMAHY OF MOROCCO AGHEE-: MENT PUBLISHED. WILL HAVE QUIETING EFFECT ON FOREIGN POLITICS.

GERMAN OFFICIAL IS OUT Berlin, Nov. 3. In making public tonight a complete summary of the treaty concerning Morocco arranged by Foreign Secretary Herr von Kiderlen-Waechter and hte French Ambassador, M. Cambon, the Foreign Office issued the following statement: "The German Government believes that both parties can be In accord over the contents of the new treaty. It will have a calming effect not only upon conditions between Germany and France, but also upon the general political situation.

"Germany stands at the conclusion of this treaty" In the same position as to French undertakings in Morocco as does England. It Is especially emphasized that England haa not interfered in the negotiations." The text of the treaty will be signed Monday morning at Berlin and Paris. With the -news of the conclusion of the controversy comes the announce ment that Emperor William has accepted the resignation of Dr. Von Lln-dequlst. Secretary or State for the Colonies.

This resignation is a significant symptom of the unpopularity of the bargain within as well as outside the Government, and the debate in the Reichstag next Wednesday gromises to be a severe ordeal for hancellor Von Bethmann JHollweg. The definition of France's predominant position In Morocco occupies three of the fourteen articles of the treaty. The next nine contain a lone: series of guarantees and precautions to secure citizens ox an countries equal opportunities In -Morocco under French denomination. The Conro chancres are more limited than were first expected. Germany, will get ojily from our to the Congo river, aanMclent to establish a steamer trading" station, and cedes a small trian.erie oetween the Loe-one and Shari river, south of Lake Tchad.

uogoiana is not mentioned In the: treaty. MOROCCAN TREATY. I Complete Agreement Over Division of 1 Spoils. Paris, Nov. i The contents of the Franco-German accord, officially given out to-day.

allows that Germany recognizes the right of France to establish a protectorate in Morocco, while both nations engage to obtain the adhesion to this accord of the other signatories to the Algeciras agreement. France, as compensation for German recognition of her protectorate In Morocco, cedes to Germany about 250,000 square Kilometers Nortnern irencn uongo, touching the German-Kameruns. The territory ceded is inliablred by about $1,000,000 negroes and has a commerce valued at annually. Tae new uerman rrontier starts at Aionaa Bay and extends to the Sanga River, thence to Kandeko, and thence through the Congo, finally attaining Lake Tchad by way of the Vbanaga and Leogone rivers. France retains the right to.

run railroad lines across Utrinan territory so as to connect the different parts of French Central Africa. The accord does not affect Togoland, but Germany cedes her "Duck's Bill," extending from the Chari River to the Leogone River. Franco and Germany agree to submit to The Hague tribunal all difficulties arising from the operation of the accord. In reference to Morocco, France agrees to safeguard the economic equality and commercial liberty for which provision Is made in existing treaties. The only reference to ccmmerical rights In the ceded territory -Is the mutual agreement to take over the rights and obligations In connection with the companies holding concessions there.

French Press Pleased. Paris, Nov. 3. The whole French press Is pleased over the conclusion of the Franco-German accord, and while deploring the loss of so much of the French Congo, halls with satisfaction the creation of a great French empire in North Africa, consisting of Tunis, Algeria and Morocco. CONVICTED EMPLOYER WOULD JAIL EMPLOYE FEDEEAL JUDGE IK" CHICAGO REFUSES TO HEAR CASE AGAINST CASHIER.

Chicago, Nov. 3. When the case of Eric A- Lindstrom, former cashier, accused of embezzling $6,000 from the Booth Fisheries Company, was called for trial in the Criminal Court to-day. Judge A. P.

Petit declined to hear it, saying he feared he could not fair and Impartial. Judge Petit's action was construed as an expression of disapproval of the course of the State's Attorney of Cook county In asking only for a fine when W. Vernon Booth and R. Robbing, officials of the Booth Company, were accused of obtaining fraudulently from the Continental National Bank. was fined jii.OuO and Robblns discharged, while the accusation against Lindstrom carries with it a jail sentence on conviction.

Lindstrom's attorney said he had offered to make restitution, but that the officials of the company had refused the offer. officials were In trouble themselves," said Ltlndstroro The trial will be set before another Judge. l- Postmasters Appointed. Washington. Nov.

3. (Special.) Will lam Hays has been appointed Postmaster at Clover Bottom, Jackson county, vice Abrams, removed illiam Woodruff has been appointed rural carrier, no substitute, on route No, 4 at Daw. eon. Spring Yuan Shi Kai Turns His Back on Chinese throne. New Constitution Framed By National Assembly.

Shanghai Falls Into Hands of the Revolutionists. IMPERIAL SOLDIERS QUIT Washington, Nov. 8. Yuan Shi Kai has resigned the office of Premier of China, His reasons for so doing are not made public. The throne haa Issued an edict proclaJmlng the new Constitution, demanded by the National Assembly on the lines of the English governmental sya-tem, according to advices received here.

ILEPORT CONFIBMED. Yuan Shi Kai Said To Have Joined. the Rebels. San Francisco, Nov. 3.

Special cablegrams received from Pekin late today by the Chinese Free Press confirm th res Ign atlon of uan Shi Kai, the newly-appointed Chinese Premier, and say further that he has declared for the revolutionists and already has informed the rebel commander of his intention to induce the imperial troops under his command to follow the revolutionary flag. The cable states that Yuan's reason for his act, as given to the Government, was the belief that the rule of the Manchus was ended. Another reason for Yuan's resignation is given a cablegram to the Cjn- servmive unmese paper, xne caDiegram; IUeraUy tranMated I3 aa f0n0ws: "pefcjn, sov. 3. The princes and nobles petition to the Prince protesting LiiAL iuaji am i.ai is suiting too mucn power and a detriment to the benefit of the royal house.

He uhe Itegent) cannot reply, but drew a very sad, deep sigh." The Conservatives here argue that the agitation against Yuan at Pekm, thus reported, caused htm to sever his relation with the Government. CONSTITUTION FRAMED. Throne Accepts Draft Submitted By Assembly. Pekin, Nov. 3.

Tne action of Prince Ching, the regent of the Chinese Empire, in accepting to-day on behalf of the throne tho draft of bases of a new Constitution for China, Is considered to snow his will- pptiass tn CMnt nm- Hamanri nf tho nut. pIe whlch ls by. arms. An edict bj. a in the latter region the imperial iroo.j inces.

Wording of Draft. The dra-fit follows: "First The Emperor shall reign for- ever. econo a person or tne xa untng WSLiFXii. Second A person of the Ta Ching mrTh'aMe. 0 Emperor small De umited by tne constitution.

'Fourth The order of succession to th throne shall be prescribed by the Constitution. "Fifth The Constitution shall be drawn up and adopted by the National "Assembly and promulgated, and will be promulgated by the Emperor. "Sixth The power of amending the Constitution shall belong to Parliament "Seventh The members of the upper house shall be elected by the people from among those particularly eligible. "Eighth Parliament shall elect and the Emperor shall appoint the Premier, who will recommend the other members of the Cabinet, who elso shall be appointed by the Emperor. The Imperial Princes will bo Ineligible for the office of Premier or members of the Cabinet or administrative heads of the provinces.

On Impeachment. "Ninth It the Premier, when impeached by Farlicrctnt. does not dissolve Parliament he must resign. One Cabinet shall not be allowed to dissolve Parliament more than ence. "Tenth The Emperor shall assume direct control of the army and navy, but when this power ls used in connection with the Internal affairs the Emperor must observe special conditions to be decided by Parliament.

"Eleventh Imperial decrees cannot be Issued to replaco the law, except In the event of urgent necessity in which case they may be issued in accordance with, special conditions. Twfilfth International treaties shall not be concluded without the conilent of Parliament, but a treaty for the. concliii sion of peace or a declaration of wax may be made by the Emperor If Parliament Is not sitting, the approval of Parr Uament to be obtained afterward. "Thirteenth Oidinancta In connection with the administration should be settled by acts of Parliament. Financial System.

"Fourteenth In case the financial budget fails to receive the approval of Parliament, the Government may" or may not act upon the budget of the previous year, nor may items of expenditure not provided for In the budget be appended thereto. The Government shall not adopt extraordinary financial measures outside the budget. "Fifteenth Parliament shall nx the ex penses of the Imperial househald and any Increase or decrease therein. "Sixteenth Regulations in connection with the Imperial family must not conflict with tho Constitution. "Seventeenth The two.

houses shall establish the machinery for the admlnistra tlon of tne court. "Elghteenth-The Emperor should pror mulgate the decisions of Parliament. "Smeteenth-Tho National Assembly Ehatlt un Articles 8, 9. 10. 12.

13. 14, 15 and 18 until the opening of Parliament. Quickly Accepted. An edict was Issued this afternoon' con' finning the throne's acceptance of the principles for a Constitution as drawn up by the National Assembly, and promises that "we shall arrange a day to swear before our ancestors in the temple and to issue the Constitution to the whole em? plre on yellow papers." A committee of the Assembly, will be appointed to draw up the actual Constitution. It will be assisted bjr represestav.

were wrons In ariruins that the word "re- (have refused to engage the bfaansl rebels, ouhllcar? was Ssedln the Constitution as The tentative plan provides lor the i.tr-a synOTym "representative." He ar- petuity of the Manchu dynasty, but lh Led Sktlt was used in contradistinction Power of the Emperor is ciosely Justice Holmes said ed by the Consatution, which is tu be ha? lntlrplSltion wouSbe In conform- written by Che National Assembly and mat JeL" subject to amendment by Parliament. Promment lawyS? from the Atlantic The imperial Princes are made Inedible -SSifl rebresen-ln the States of I to the oflices of Premier, members ot th to the Pac Iflc, fSl rt cabinet and administrators of the Prov lTiere-o iso kjv ciiaiw iiamg over our position and directing the enemy's gun fire on Lieut. Montagu's message Is dated November 2. Cholera Adds To Horror. Berlin.

Nov. 4. The Lokal Anzeiger-s TrlDOll corresDondent says Tripoli since October 23 amount to L500 men. of which 2S0 were killed. Eighty- seven soldiers are suffering from cholera.

The Italians," continues the corresoond ent, "nave executed Arabs, Including; 400 women and children. Cholera is rap- juij iiiucdftiu a-uiujiK nw) rti'ius iuiu Jews. ed re-enforcements, and their arrival must further increase the ravages or tne cholera," Turks Make Gains. Berlin. Nov.

3. The report that all the outer forts at Tripoli are In the hands of the Turks Is confirmed In well-informed Turkey Protests. Constantinople, Nov. S. The Government has lodged a protest with the Powers which signed The Hague agreement of 1907 against the execution of Arabs In Tripoli.

DEFENSE SAYS ANOTHER MAN GAVE GIRL POISON SUICIDE THEORY NOT BANKED ON BY CLERGYMAN PLEADS INNOCENCE IN NOTE. Booton, Not. 3. That some other man than his client gave Avis LInneU the poison from which she died was the assertion to-day of John L. Lee, of Lynchburg, Va-, senior counsel for tho Rev.

Clarence V. T. Riaheson, pastor of-Immanuel Baptist Church, Cambridge, who la under Indictment by the grand jury charged with murder. Beforo Mr. Lee left Boston for his home to-day to clear up some business affairs, he die-cussed the Linn ell murder briefly.

"Mr. RIcheson is innocent," he said. "Of that I am convinced. My' talks with him, my own observation of the case and my conference with counsel have opened uii a wav bv whloh I shall eventually free him." Beyond saying thai he hoped to accumulate enougn evidence to satisfy a Jury of the guilt of another man, Air. Lee would not apeak, of the plana cf tbe defense.

The remarKS oc tne attorney were wacu a tmlirsitinir that the defense would not advanoe the suicide theory to explain the girl flean The firart; authentic protestation of the Rev. Mr- innocence of the murder of i Miss Llnnell was made public to-day the text of his letter resigning' the pastorate of Immanuel Baptist church was given out. The letter. dated November 1 and addressed to Charles F. Ciunmings, of the church, said in part: "My dear sir: I beg to herewith tender my resignation as pastor of Imman- this burden from me, I nevertheless feel that should not Derm It the shadow thrown across my life to darken the religious welfare of my church and Its people." ARRESTED ON CHARGE OF MURDER AFTER THIRTY YEARS Spartanburg.

S. C. Nov. a After a lapse ot thirty-two years Richard Aber-nitny to-day was bound over to a higher court on the charge of murdering William A. Abbott In 1S79.

It is alleged Abernathy killed Abbott and then placed his body on the railroad tracks to bo mangled by Recently while in an alleged intoxicated condition Abernathy Is said to have declared he killed Abbott and disposed of the body. a hrrvther of the dead man startpri an i Pol rnrnifl A rKflnsaj. South 'Dakota. Nebraska. Missouri and Washington, tne cuy oi and a number of civic organizations were IS the case lighting for the 'exercise of sovereijtnty by the people." Two Teases afforded the basis for the day's contention.

One was ui. a th validity of a SSPSS. bridge in PlS2hSLo hinged upon the "'WtlomUIty or tne islatlon adopted In Oregon by a State con initiative au ArrLz:" ctatf. con- stitutional amenaTirciiL. pMidentmust swear THAT HE'S A LEGAL YOTER wtt.t, APPEAR BEFORE ELEC TION BOARD IN OHIO MEETS FAMILY IN VIRGINIA.

Hot Springs. Nov. j. President Taft will est a vote at the Cincinnati and Hamilton county elections after alL For two TVeeKS tnere oaa ueen uuuui iu whether he would have an opportunity to cast a ballot in his home city next lues-day. The President sent his reslstrfction papers to Cincinnati too late and the election board decided ho could not vote unless he appeared in person before next Monday night and swore that be was a qualified elector.

As a result he will leave here Sunday mgnt, min tue affidavit before the election board Monday and be prepared on Tuesday to vote. Mr Taft arrived at Hot Springs early t-rtftv. Mrs. Taft and Mtos Helen Taft, who arrived five days ago, met him at the station and he had breakfast with them for the first time In ten weeks. With the arrival In Hot Springs probably to-morrow of Secretary Mr.

Taft will have data which he expects to use In his third annual message to Congress. Mr. HilleE left the President at Washington last night intending to secure information from the departments for incorporation in the message which friends of Mr. Taft believe wilt be the most important he has had to write. According to the official figures of the "swing around the circle." kept under the direction of Secretary Hilles, the trip has been the longest ever taken by a Presi dent.

In going from Beverly, to Hot Springs Dy way ui ovatcic, emit tt" ibm tm Anc-plea. Washliurton und few hundred other cities, Mr. Taft has traveled nuiea, uwuub own previous record by Just about '600 miles. Before he returns to Washington for the winter the President will visit Ohio, Kentucky and Tennessee, and will add 1,834 miles to the record. Will Vote StraightiTlcket.

rMnMnnatl. Nov. 3. In answer to an alleged statement by Democrats In this olty that If President Taft was allowed to vote here on rfext Tuesday, he would cast his ballot In favor of a majority of the Democratic candidates on the municipal ticket, a letter from the President to party leaders received here to-night, says in part: "Since my speech in Akron, conditions In Cincinnati have materially changed, and I believe toat the' Republican candidates are deserving. There- I can assure you that I will cast my vote for the Republican ticket If I am nermltted to vote at the election next Tuesday." nel church: Strong in the consciousness authorized to prepare ablan for a general "innocence and ilrmly persuaded primary which votfe will be cast onit m(od hla own good time will lift various matters from residential preference to new commltjemen.

It Is not known whether theubjonfmlttee Is ready to report or not, or metner rurtner ef forts at narmonizini; ia party win ne at- tomnlpd. At Bull's Gap, In Hst Tennessee, the Republican Congressidal Committee of the First district win fecide on a method of nominating a succfesor to Congressman Sam R. Sells. Sjls lo a candidate and several others arj mentioned. The question is primary 9 convention.

Interest in the political peeiblllties here has been enhanced lay jresence of former Gov. M'. R. Patterson. ANOTHER OHIO COUNTY VOTES KCK SALOONS TTflct TJvttTOOol.

Nfv. 3. Reversing a dry majority of 1,580 tHee years ago, Co-UTmhiam -county to-daiwent Mwet" by a majority. oX mm than E00 vote. lP.TestlgaUOIl'whlcl'I''1:t0'tlle'att".'.