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The Courier-Journal from Louisville, Kentucky • Page 1

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Louisville, Kentucky
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AGverlismg most ot the sellings and buyings big and little in this city recently. You should not wear out your patience with "slow-pay" boarders or lodgers or tenants unless you are "looking for martyrdom." A "want ad. campaign" will adjust matters. i VOL. CVII.

NEW SERIES NO. 13,945. LOUISVILLE, THURSDAY MORNING, MARCH 7, 1907. 10 PAGES. PRICE SENDS HARGIS II pletely battled and speedily brought hi: cross-examination to a close.

An Impressive Story. HOQSIERS HEAR STRONG TALK FAR FROM AHD TELEGRAPH RAILR Special Judge Carries Says Hs Wants Influence of the Newspapers. Grants Change of Venue Vigorous Protest Defendant Objects To Hearing In Breathitt, Although Insisting Upon It Before Order. Byrd CI aims Many Kinsmen of Accused Man 1 Him Great Influence In New Jurisdiction. WILL A.

YOUNG'S REAL STAMPING GROUND thorities it is known as Sandy Hook, this being due to the fact that there is a town in another section of the State known as Martinsburg. Sandy Hook is twenty-eight miles from a railroad, the nearest point being More-head, the county seat of Rotvan county, the home of Attorney Young. The latter has for years practiced in tho courts of Elliott county, and is almost as well known in that county as he is in his home county. Sandy Hook has a population of 148 souls and no means whatever of getting news of the outside world except a mail delivery twice a week. Judge Matt Redwine, who now occupies the Circuit bench in the district, was for eighteen years Commonwealth's Attorney, and is regarded as a man of ability.

The present prosecutor is' John Waugh, himself a lawyer of ability and prominence in that section. Too Many Hargis Kinsmen. In speaking of the change of venue to-night Attorney Byrd said the only objection he had was the inaccessibility of the place and tho fact that Hargis was well supplied with kinsmen throughout the county. Ho said he had much respect for the fairness ami honesty of Judge Redwine, whom he characterized as a sood, clean, conscientious man. Judge Redwine is known throughout his district as a fearless and law-abiding citizen and church man.

Ho fathered the local option bill in the Lower House of the General Assembly during his term as a legislator and thereny gained the re- (Concluded On 3d Pag-e, 2d Column.) EDGAR HAGER NEW AUDITOR'S AGENT NAMED TO SUCCEED THE LATE GEORGE ALEXANDER FOR STATE -AT -LARGE. Frankfort, March 6. Special. State Auditor Hager this afternoon announced the appointment of Edgar B. Hager, of Ashland, a well-known lawyer of the eastern end of the State, as auditor's agent for the State at large, to succeed the late George H.

-Alexan der, of Louisville. The appointment becomes effective at once and the term of office of the appointee ends with that of the Auditor in January 1907. The new Auditor's agent will qualify immediately. The numerous suits filed by his predecessor will bo revived his name and prosecuted to a cone alon. Mr.

Hager is a cousin of Democratic counsels in Eastern Kentucky for several years. He has stumped the State for Democratic candidates the last several campaigns and was a canamate tor me party nomination for Congress in the Ninth district last year. He is a capable lawyer and ready speaker. LIVED UNDER ALL BUT THREE PRESIDENTS COTJSIN" OF GEOHGE WASHINGTON'S MOTHER DIES IN HENRY COUNTY. New Castle, March 6.

Special. Mrs. Luyy Chilton, wife of Rev. L. S.

Chilton, the most widely-known minister in Henry county, has just died at Turner's Station in this county, aged ninety years, one month and two days. She was born In Fauquier county, January 28, 1S17, and had lived under all but three of the Presidents. Her maiden name was Ball. She was a cousin of Mary Ball, the mother of George Washington. She had lived in this county Bince coming from Virginia in 1827 and was married to Rev.

Mr. Chilton In mA. Two children -were born, both living In U1I3 county, C. Edwin Chilton and Mrs. Melissa Mos-grove.

There are relatives of the same name In Louisville. THREE CEXTS. I OS TRAINS FIVE CENTS. MR. BURTON'S GENTLE JOLT Credited With Shaking Up Ohio Machine.

Effort To Capture State Convention For Taft Breach Between Administration and Buckeye Regulars. FORAKER'S DENIAL OF DEAL Washington, March 6. Specials-Theodore E. Burton is credited with tossing a monkey wrench into the hopper of tho Ohio senatorial machine with results painful to contemplate. Secretary Toft's friends think that the Administration is, from this time forth, going to lend its influence in most direct and vigorous fashion to the movement to capture the next Stata convention and with it the delegation to the national convention for Secretary Taft.

The President has turned down the earnest recommendation Senators Foraker and Dick that J. C. Adams, of Zanesville. be made the new Federal Judge in the Southern Ohio district. Mr.

Burton opposed the Adams nomination, and has won as against both Senators, the house making him tho recognized agent of the Administration and the chief controller of patronage for the State. The fact that he lives in the Northern district and yet has been able to defeat Foraker for a Southern Ohio appointment ordinarily dictated by the Senators, Is regarded as most significant of the President's purpose to use all the Administration influence from this time forth to break the Ohio organization. Charges of a Deal. The opponents of Adams charged that at the State convention last summer when Burton was fighting the Senators for control, a deal was made by which Adams was promised the Judgeship on condition that the delegation from the Fifteenth congressional district be I- th- r- flrt.r o.i. Tnt delivery was made, and it has been charged that the deal was a I I i- i TV n.jt 'S 37ii n.13 Iv -Ti HO -jt- n.ai i -va Anv'aow, Foraker had twice explicitly written the President denying the story, the President wrote the Senator a letter which is construed by some readers to signify that the President found the more interesting than convincing.

The giving out of the correspondence by Senntor Foraker, with the state-merit from the "White House that Adams will not be named, is accepted as the and conclusive proof that the breach between the Administration nnd the Buckeye organization is complete, and that the fight of 190S is now on. Spanish War Medals. The Navy Department is making an effort to find the former officers and men of the navy, both of the regular establishment and volunteers, who took part In the war with Spain. There aro many such who have left the service. and addresses are unknown.

All are entitled to battle medals for taking part in the West Indian campaign. There are some thirty-flvo or forty vessels which took part in tha engagements in 1S93, including thoso which did not amount to. much, up to the fight off Santiago on lJuly 3. The Navy Department has had these medals struck off at the Philadelphia mint, and is distributing; them to tho people now In the service whoso location Is of record. The department is availing itself of the facilities of distribution and publicity afforded by tho Post-office Department, arid every postmaster will receive a bulletin, which he is asked to display, so that people in all parts of the country who are entitled to these medals; and others who know of those In that class may communicate with the Bureau of Navigation.

I Summer Maneuvers. Assistant Secretary Oliver ha3 nott fled the Governors of the various States ana Territories which have an organ- Ized militia force that it has been found necessary to omit for this year tha contemplated annual brigade and division encampments for the Instruction of tho Infantry', cavalry and field artillery of the regular army, as many posts will be depleted by reason of tha absence of about 6.000 troops In Cuba; a considerable number at the Jamestown Exposition, and the movement of a large portion of the; army to the Philippines. In lieu thereof camps iof instruction for tne coast artillery of! the army will be established during the season and the national guard of the various States contiguous thereto will be invited to. take part In the development of tha problems involved In the defense of the seacoast. Cortelyon Democratic.

Secretary Cortelyou, new head of th Treasury Department, astonished tha hundreds of clerks who take their mid- The Weather. Forecast for Thursday ur.J Friday: Kentucky Showers and warv.ior Thursday; Friday anil partly cloudy; rain or sr.ow hi rKTlion. Indiana Rain and warmer Thursday; Friday colder ar.d probably fair; fresh southeast to south win-Is, becoming northwest Friday. Partly cloudy ar.d warmer Thursday; showers in west portion; Friday fair la west, rain in east portijn; colder. THE LATEST.

Mrs. William Thaw was called to the stand in Xew York yesterday ar.d testified briefly in behalf of her son. Tvlce during- her impressive recital the broke down and District Attorney Jerome's cross-examination was very brief. During an argument between attorneys Jerome made his first public suggestion of a lunacy ommlB. elon to inquire into the sanity of Harry-Thaw.

He added that the suggestion "was made merely for the sake of argument. Justice Fitzgerald ruled that the question was not before the court. There will be no session to-day owing to a death in Justice Fitzgerald's family. I Special Judge William Caxnes issued an orto in the Circuit Court at Jack-eon transferring to Elliott county the cases against James Hargls and others, charged with the murder of r. D.

B. Cox, although the Common wealth entered vigorous protest and finally withdrew its motiun for a change. HEurgis' attorney protested aguinst a trial in Jackson, after the order sending the case to Elliott Tvas entered, although but s. few minutes before he had insisted on a trial In Harg-Js home county. Judge Carries' connection with the cases no- ceases unless he should again be appointed by Gov." Beckham.

The President has turned down the tarr.sst recommendation cf Senators Foraker and Dick that J. C. Adams, of Zones ville, be made the new Fed-era! Judge in the Southe: Ohio district, and it Is now believed that with this apparent singling" out of Representative Burton as the chief controller of patronage for the State, the battle between the Administration and the Buckeye organization Is fairly The postal conference between repre-ffenatives of the Canadian and United States Governments has begun at Ottawa, Ont. AV. R.

Shallenberger, Second Assistant Postmaster General, and H. M. Bacon represents the American Go ern and Pos tm as er Ge nexal X-ettieux, Dr. Coulter, his deputy, and (Secretary Smith, of the Post-office De- Together with Lieut. Col.

George Goethals, who will undertake the con struction of the Panama canal, and bis assistant, Maj. David Gaillard, number of Representatives in Congress sailed for Panama yesterday to in vestigate for themselves the progress of the work on the big ditch. Senator Beverldge, speaking at the first annual dinner of the Indiana As sociation at Xew York la-st night, declared that "as the States, acting separately, could not end slavery in 1661, so the States acting separately, cannot end the piracies of capital in 0907. President Patterson, of the Kentucky Btate College, has received official ad- Vices that a bill passed during the closing days of Congress will result in an increase in the annual appropriation for the Institution equal to an en fiowment of $500,000. The Assistant Secretary of "War has cotified the Governors of the various States which have organized militia that It has been found necessary to omit for this year the contemplated an nual encampments for the Instruction of citizen soldiers.

That they wish to force the authori ties to keep them in Jail continually yras the declaration made by women suffragist agitators at a breakfast given in their honor yesterday on the occasion of their release from custody. Another demonstration is planned for Friday. Secretary Wilson has agreed upon, but has not made public, his ruling as to whisky labels. It is said he will allow rectifiers to mark their products "blend," but will force the statement In plain letters of just what is Included In the mixture. The Navy Department is making every effort to find the former officers and men of the navy who participated In the Spanish war that the bronze medals which were struck off at the Fhiladelphia mint may be distributed.

H. Haxrlman gave a farewell Interview to a number of newspaper men at New York last night, at which he said that more attention should be paid to currency and tariff reform, and less to legislation. In a decision at Pittsburg Federal Judge Ewing holds that aliens may not sue in the United States courts unless there is an express treaty provision irith the country of which they are subjects. Mrs. Cowles, wife of Commander W.

Oowies, U. S. and sister of President Hosevolt. and a party of frienis have arrived at Santiago from Havana. AGED MOTHER REAKS DOWN Mrs.

Thaw Pathetic Figure On Witness Stand. Tells Impressive Story of Her Son's Depression. erome Incidentally Suggests a Lunacy Inquiry. NO COURT SESSION TO-DAY. New York, March 6.

Another dramatic chapter was added to the history of the trial of Harry K. Thaw to-day when the motiher of the defendant took tno witness stand to contribute what might toward saying her son from the death danger which menaces him. Mrs. Thaw's stay before the jury was brief. When Mr.

Delmas had definitely limited her examination to the 'change she had noted in her son's condition following- his return from Paris in 1903, af tr Evelyn Nesbit had told him her life story, and when District Attorney Jerome had with great consideration conducted a short and ineffectual cross-examination, the mother love welled strongiy in Mrs. Thaw, and sh-e felt she had not done her all. She was loath to leave the witness chair. "There is the question of heredity," she protested when both Mr. Delmas and Mr.

Jerome told he she might step down. "I have asked you, madam, all that is considered necessary." said Thaw's attorney with the utmost deference. Mrs. Thaw half rose, hesitated, and was about to pit down again when the leading counsel for the defense offered her his hand to assist her from tan d. Mrs.

Thaw Breaks Down. the wi ce uri ng or reel ta 1 of th e.rd which-Miad caused -her fear that all was not right with her son, Mrs. Thaw broke down and was unable to proceed, her face flushed and he nid- v. effort to speak, hut the worn? nor "ce v. hit and Tha' grined iluz he coins.

-'ier sir nodded in the affirmat-v- She de clined a glass of water, made an ef fort once more to proceed, but failed. Justice Fitzgerald then interposed relief for which the elderly woman must have been deeply grateful. He said that as many of the witness remarks had been uttered in a very lew voice, it would be necessary to have the stenographer read all her testimony to tha ti me to the ry. "Wh en the reading was ended Mrs. Thaw had regained her composure and was able to proceed to the end of her narrative.

She said that when Harry came home in 1903 he seemed depressed and had apparently lost all Interest In life. He passed sleepless nights, would often 1 eave the table en 1 and go I to the parlor to play upon the piano, the music growing softer and softer until it finally die-d away. She told In a motherly way of her soliclttuie for tho boy. "He told me a wlckad man probably the wickedest man in all New York had ruined his life." Testimony Ends Abruptly. It was not unittl some time after he had offered this explanation of the changt in him tha-t she learned the story of the young woman who was to become her daughter-in-law.

Mrs. Thaw told of her son breaking down at church in Pittsburg, and afterward complaining that it was all because of the sorrow which prevented the young woman he loved being at his side. Mrs. Thaw told of coming to New Tork to meet Evelyn Nesbit and of giving her consent to her son's marriage the one condition being that the girl's past life In New Tork Should be a closed book, never to be referred to In any way. Then came the story of the marriage In Pittsburg in April, 1903, the honeymoon trip and then a happy summer spent at the moSher's country home in the mountains.

That was all. Mr. Delmas ended her testimony abruptly. The District Attorney was taken by surprise and began to cross-examine Mrs. Thaw in a very low voice.

He aslted the conditions surrounding the Increase in her son's allowance, but Mr. Delmas objected. He asked what the son's income amounted to. Mrs. Thaw said It was moderate and nothing like the sum the newspapers have so often reported.

Mr. Jerome next trod upon what he must have felt was the thin-est ice, lest he put himself In the attitude of attempting to harass the pathetic figure black on the witn-ss stand. He asked the mother what she knew of her son's relations with Miss Nesbit before she became his wife. "Nothing," she replied without hesl-1 tancy. Tb District Attorney seemed com- Mrs.

Thaw's story was deeply Impressive in its simplicity and brevity. Her anxiety to go on and tell more added immeasurably to the meaning of her presence as a witness. The half-filled court room listened almost with breathless Interest to each word she uttered, and there was a general sigh of relief when Mr. Jerome announced that his brief examination was ended. If Harry Thaw's fato is thrown into the hands of tho twelve men in the jury box who to-day heard the mother's story there seems little doubt that what she said will carry wonderful weight with it.

But Mr. Jerome gave the impression that he might use the mother's testimony as a weapon in another direction in his fight to have a commission appointed to test the present state of mind of the defendant. "While the elder Mrs. Thaw was on the stand the District Attorney engaged in a wordy war with Mr. Delmas' during which he uttered publicly for the first time the threat of a lunacy commission.

Mr. Delmas was invoking the presumption of law that Thaw, de clared insane in 1903, remained insane in 1904. This was to enable Mrs. Thaw-to state conversations with her son during the latter year. These conver sations wore admissible only on the ground that they were the utterances of a person mentally irresponsible.

ft T- Suggests Lunacy Inquiry. Mr. Jerome said mere was no rea-sori why the assumption should not continue down to the present day, and if Mr. Delmas' point was well taken, the trial should be suspended and a commission appointed. Mr.

Jerome added that he was merely suggesting the alternative of a commission for the sake of argument. Justice Fitzgerald upheld Mr. Delmas' position and said the question of a commission was not before the court. With the completion of Mrs. William Thaw's testimony to-day Thaw's attorneys announced that they would have but two more witnesses experts who will be called upon to answer a newly framed hypothetical question covering the entire case from beginning to end.

These experts are said to be Drs. Graeme M. Hammond and Smith E. Jelliffe. Harry Thaw, during" his mother's stay upon the stand, seemed unusually pale and extremely nervous.

For a time he would fix her with a stare, then look away and bite at his finger naiis. His two brothers, Edward and Josiah Thaw, sat near him, but neither the Countess of Yarmouth nor Mrs. Carnegie, his sisters, were in court. At the end of Mrs. Thaw's examination court adjourned over until Friday morning-, a death In Justice Fitzgerald's family causing an abandonment of the Thursday sitting COKGFJISS HI1PS Suoo.eoo SENATOR IslZU, OV I.

IV SOTA, WINS HIS FIGHT. THE INSTITUTION PROSPEROUS Lexington, March 6. Specials-President James K. Patterson, of Kentucky State College, received official information to-night that a bill pased Congress in the closing days of the session increasing the appropriations for agricultural and mechanical colleges which will result in an increase in the annual appropriation for Kentucky State College equal to an endow, ment of SoOO.OOO. Several weeks ago President Patter, son received aa letter from Senator Knute Nelson, of Minnesota, informing him that he had Introduced a bill in the Senate to increase the annual appropriation made by Congress to each of the agricultural and mechanical colleges In the United States by $5,000 th; first vMr Slfl Ofifl the sofcnd vear.

000 the third year. $20,000 the fourth year, and $25,000 the fifth year. Each year thereafter the annual addition should remain a constant aniount, viz. S25.0CO. Senator Nelson requested the co-operation of President Patterson, and the latter accordingly went on to Washington and had an extended Interview with Senator Nelson, the Senators and some of the Representatives of Kentucky, all of whom pledged their support to Senator Nelson's measure.

It was attached as an amendment to tho General Agricultural BUI, passed the Senate and then went to the House which refused to concur in the amendment. The House on March 2, however, voted to recede from the disagreement by an aye and no vote cf 120 to 87. Mr. Sherley, of Kentucky, voted with the minority. The Agricultural and Mechanical College of Kentucky will thus receive a very handsome addition to Its Income.

The State College will be enabled to give more and better work in all its various departments. "When the maxi- mum, $25,000, is reached the additional income will be equivalent to the in come from an endowment of $500,000 at 5 per cent, per annum. The Carnegie library which Is under contract, the new normal school building in process of erection at a cost of $30,000 and the new agricultural build ing which will be erected in time for the opening of the September term. show that the State College is advanc ing by leaps and bounds. Its enroll ment this year Is 902 students.

TWO-CENT FARE BILL NOW LAW IN NEBRASKA. Lincoln, March 6. The two cent passenger law became effective in Nebraska at midnight to-night with out Gov. Sheldon's approval. The Governor said he did not think it would add to its effectiveness to sign it, otherwise he would.

Beveridge Speaks At Indiana Association Dinner. States Separately Cannot End Piracies of Capital. Constitution Is "Ordinance of National Life." M'CALL "ABLE. BUT ANCIENT." New York. March What the president, James B.

Curtis, described as "the largest number of Hoosiers ever together in Xew York" attended the first dinner of the Indiana Association of New York at the Waldorf-Astoria to-night. The speakers included Senator Albert J. Beverldge, who respond ed to the toast. "Indiana." He said in part "We American citizens living in Indiana, by formal law on our statute books, have refused to recognize any 'State' flag. By act of our Legislature the only ting we know is the flag of the nation.

As the States, acting separate ly, could not end slavery in 1S61, so the States, acting- separately, cannot end the piracies ot capital in 1907. What the Nation Did. "The States could not make internal Improvements, so the nation made them; the States could not prevent the scattering of obscene literature, so the nation did it; the States could not suppress lotteries, so the nation did it; the States could not end the poisoning of people by adulterated food, so the nation Is ending it; the States could not compel the sanitation of the packinghouses, the inspection of meats, so the nation is compelling- it; the States could not preserve the country's forests, so the nation is preserving them; the States could not irrigate the arid West, so the nation is working that glorious and beautiful miracle; the States canno' end the murderous infamy of child labor, so the nation is going to do it; and this for th ravins the-nation. rrnvi.L hue-caneer of 'uition is a. T.I -this for t.N ur a bu:" neers.

lem is of rticlcs of meant to and our national death. free tno hands of American people and not to shackle them. Marshall so intrvw it in thp iirt- inin interpreted it In the council chamber; Grant so interpreted it on the battlefield. And to-day Roosevelt is following their footsteps and thus obeying tho will of the American people. Voice From Massachusetts.

"The other day at a banquet in this city a voice from Massachusetts denounced 'the dangers of No such voice can ever speak for Indiana without misrepresenting Indiana. Congressman McCall warned us against the 'dangers of I got down rny Calhoun and read the same thing from that great secessionist and the ablest State's rights doctrinaire the country ever produced. "It is all so old Mr. McCall is able, but ancient. Calhoun said all that McCall said; Shays, of Massachusetts, the first rebel against nationality In our history, acted all that McCall said Quincy, of Massachusetts, declared In Congress that the Louisiana purchase 'dissolves the But none of them uttered the real sentiment of Massachusetts the true soul of Massachusetts ha3 been voiced by her Adamses, her (Concluded On 2d Pag, 6th.

Column.) A stockade four feet high will connect these four cabins and will surround the main building. Rustic hickory furniture will be provided for the center buildings and verandas. One thousand seats will be furnished within the inclosure. Ground for the building was staked off by the committee before it started for Louisville this afternoon. The front stockade will run within fifty feet of the water of Hampton Roads.

The stockade Is to extend back a distance of 100 feet, many tall pine trees of a beautiful grove being included within the inclosure. The stockade will extend for a distance of 200 feet along the water front. From the windows of the cabins can be plainly seen the spot w'here the battle between the Monitor and Merrimac occurred. In front of the building site runs a board walk built by the Exposition Company. This walk extends to a commercial pier which Is to be constructed at once, and will probably cause one-half of the visitors to the exposition to pass immediately in front of the Kentucky building on their arrival at and departure from the rounds.

To hscape To Elliott County Over of Commonwealth. Tive with the trial of Jim Hargia in Breathitt county. Eargis Doesn't Want Breathitt. This motion was bitterly opposed by Attorney W. A.

Toung on behalf of Hargi.s, who contended that the change had already been granted. This opposition on tho part of Hargis to be tried in Breathitt county came within fifteen minutes after Toung had begged the court piteou.ly not to change the venue, but to give his client an opportunity to be tried in his homo county by a jury of his own people. Efforts were then made by the representatives of the Commonwealth to have the court to only change tho venue of the case against Jim Hargis. on the ground that a trial of two or three weeks would give the people of Elliott county as much of a line on the other cases as is now held by Breathitt or any of the adjoining counties, but this motion was also promptly overruled by Judge Carnes, who informed the attorneys for the prosecution that he dtd not care-to. hear any further suggestions from them.

Abner's Attorney Protests. While this dialogue was going on between the counsel and the court, Judge Blanton created a stir by announcing that lie was representing one of the defendants, John Abner, and he desired to enter a motion protesting against the transferring of the case against his client to such a remote part Qf the He said Abner was with out money and without friends and could not stand the heavy expense in cidentai to a trial In Elliott county Attorney Young aro---e and interrupted Judge Blanton to inform him that he too, was associated in the defense of Abner agreed to the change on behalf of his client. Judge Blanton ordered Young to take his seat and told him that ho (Young) did not know what he was talking about. This dialogue between tho counsel for tho defense caused much amuse ment, and it was necessary for Young to induce Blanton to leave tho room to prevent him from spoiling the good thing. HorDismissal For Smith.

WTieai it was learned by counsel for the prosecution that Judge Carnes was determined to send all of the cases to Elliott county, Commonwealth's Attorney Adams made a motion to file away the inddefcment against John Smitih, vrtth leave to redocket, andi wiien this motion was overruled Attorney Adams made a motion to quash the Indictment Thia motion met the same fate as ail others entered by the prosecution, and the defendants were required to furnish new bail in the sum of 510,000 each to guarantee their appearance in the Elliot! Circuit Court the fourth Monday In May. Abner's bail bond was signed by Jim Hargis, Alex Hargis, Elbert Hargis and William Llndon, while Floyd Day, N. F. Pelfrey. Alex Hargls and William Mndon signed the bonds of Jim and Elbert Hargls.

Since the recent confession of John Smith, however, he has been turned out in the cold by the Hargises, and he was left to the mercy of his Drotjher and other friends to secure bail, and it was necessary to turn him over to the custody of the Jailer until Ms bindsmen can reach town tomorrow. miring tie examination of Alex Harr gis regarding Ms holdings, before he Was accepted on the bonds of his brotlhers and John Abner, he testified that he owned property worth 550,000, and said he did not owe a dollar in the world. Jim Hargis' holdings were even more valuable. a Young: At Home In Elliott. The'county seat of Elliott county is known to the populace" as Martinsburg, While in Chfl UniiiJ Siates imstAj on- Jackson, March 6.

Special. Surrounded on all sides by soldiers, and guarded to and from the court room, and with the knowledge that every man who entered the building had been searched and relieved of his firearms, Special Judge William Caraes did not feel equal to the occasion of presiding at the trial of the Breathitt county feudists, and to-day transferred tho caseo of Jim and Elbert Hargis, Bill Britton. John Abner and John "Smith, to Elliott county. Elliott county is In the Thirty-second i diclal district recently created, and the court is presided over by Judge Matt Redwine, a brother of Judge D. B.

Bedwine, formerly Circuit Judge of the Breathitt county district, and of Dr. J. S. Redwine, superintendent, of the Eastern Kentucky Asylum for Insane at Lexington. Elliott county is the home of Judge Weddlngton, former County Judge of the county, and a cousin of Jim Hargls, and it is the con tention of the representatives of the "TmonweaRfca-lhrat ffiiF-'HargU "In fluence is even stronger in that county than it is in Breathitt county at the present time, because of the numerous relatives of the Hargises residing in Elliott and adjoining counties.

Commonwealth Pleads In Vain. Commonwealth's Attorney James P. Adams and Attorney A. F. Byrd made i heroic efforts to impress this matter I upon Judge Carnes, after he had de- inereu "is der was entered, but they were promptly called down and ordered not to again attempt to Interfere with the rulings of the court.

Judge Carnes had the order prepared before leaving his room at the hotel, and so notified the attorneys upon his arrival at the courthouse. He asked 'them to confer and see if they could agree upon a county, but the representatives of the defense declined to enter such a conference, and Judge Carnes then proceeded to read his order. Blow To Prosecution. This action on the part of Judge Carnes was a severe blow to the prose, cution and the manner in which his ruling was taken by the defense after they had apparently fought against a change of venue in good faith, was freely commented on by the large crowd of spectators who thronged the court room and the hallways. Judge Carnes said he had decided upon Elliott county because it was far removed from a railroad and away from the influence of the press and he was of the opinion, he said, that the people of that section of the State were less acquainted with the situation in Jackson and Breathitt county than any other section of the State, perhaps.

He said he was not prompted in his selection of Elliott county by any one. Order Prepared Before Hotion. He had prepared the order granting the change of venue before coming to the courthouse and had left the county blank, believing that it would be possible for the attorneys on both sides to agree upon a county after it had been shown that it was his intention to change the venue, but when he found that such an agreement was out of the question he Incorporated the name of the county which he had previously decided upon. When court convened Common wealth's Attorney Adams filed a state ment setting out the fact that such a state of lawlessness existed in Ereathitt county that he believed a fair and impartial trial was out of the question and asked for a change of venue. When it was seen that Judge Carnes would persist In sending the cases to Elliott county in face of all argument to the contrary by the prosecution and before the order had been entered Attorney Adams made a motion to withdraw bis catp.mnt ajid nrorcaort I HOlffi FOR KENTUCKIANS AT JAMESTOWN EXPOSITION Contract Let For a Rustic Structure To Be Built of Timber From Eight Counties.

Norfolk, March 6. Special. The contract for the Kentucky building at the Jamestown Exposition -was awarded td-day by Commissioners Charles E. Hoge, of Frankfort, and M. H.

Crump, of Bowling Green, and Secretary C. C. Ousley, representing the State Commission. The contractor is C. T.

Holtzctaw, of Hampton, an experienced butlder of rustic structures, such as the Kentucky building is designed to be. The timber for the struc ture will be shipped from eight differ ent counties of Kentucky, and the first carload is already on the scene. Mr. Holtzclaw was the contractor for the Virginia building at the St. Louis World's Fair.

He will commence work at once, and assurance is given that the building will be completed before the exposition opens. The contract provides for two main buildings, each twenty feet square and connected by roof twenty feet wide. The building will have a twelve-foot veranda run ning the1 full length or each side. Four cabins, each twenty feet square, will be erected in addition. These will be used as offices and probably for ex-.

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