St. Louis Post-Dispatch from St. Louis, Missouri on April 12, 1911 · Page 1
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St. Louis Post-Dispatch from St. Louis, Missouri · Page 1

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Wednesday, April 12, 1911
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CH SEVENTH PAGES TODAY Only Evening Paper in SL Louis With the Associated Press News Service, t VOL. 63. NO. 235. ST. LOUIS, WEDNESDAY EVENING, APRIL 12, 1911. PRICE ONE GENT "FIRST IN EVERYTHING." HEALY INDICTMENT 'ONLY DESCRIPTIVE' HEARD WOMAN PRIER FLIES WITHOUT STOP, LONDON TO PARIS, CROSSING THE CHANNEL NECESSARIES PUT ON FREE LIST IN MAN OF MYSTERY PLANTS "BIBLE" IN UNIVERSITY LOT THE FOUR JACKS INDICTED IN THE POLICE RELIEF CASES DEMAND $ 6 t G 0 20 5000 UNDERWOOD BILL Removal of Meat, Lumber and Leather Duty Proposed by CONTENDS JONES FROM ARDNER A ! I jli i t t 1 i 3 Mrs. Jennette Forgy Swears That Mrs. Cornelh Said to the Defendant, "Give Me S5ooo and I'll Have This Thing Shut Up" Were on Porch of Home. SAYS GARDNER CALLED REQUEST BLACKMAIL Then He Ordered His Visitor Away From the Home Witness Is a Friend of Mrs. Gardner and Lived at Their House at Different Times. Describing herself as "a designer of Vfine dresses" and wearing an attractive i. niple, Mrs. Jennelle Forgy of 50O3TA Venon avenue was the first witness to testify1 in the trial of Harry B. Gardner, charged with subornation of perjury, when the hearing was resumed Wednesday. Mrs. Forgy created something of a sensation in court by testifying to hearing the demand made by Mrs. W. M. Cornelius for $5000 as the price of hushing "up the evidence in the case against GardneVs son Leo, after his auto had killed Jesse Williams. ;i wa at the Gardner home May 28 last," Mrs. Forgy testified, "talking with Mrs. Gardner about some new gowns. When I started away I stepped out on the porch within three feet of Mrs. Cornelius and Gardner. They were hclding an animated conversation, and as I opened the door I heard Mrs. Cornelius say:- 'Give me $5000 anij I will have this hushed up.' "Gardner looked at her when she made this demand, and said: 'You are trying . to,..tilackmail met Get off this porchJ-. Lived at Gardner Home. It developed during cross-examination that Mrs. Forgy ' is frequently at the Gardner home. Last fall she boarded there for two months, and paid her board by doing some work for Mrs Gardner. "You are a dress designer, not a dressmaker? was asked the witness. "Yes, sir; I design fine dresses." x "Have you designed some fine dresses for Mrs. Gardner?" "All I designed were fine I don't" do any cheap work,", said the witness as she glanced at her own well-fitting, tailor-made blue gown. She admitted that in addition to her two months stay at the Gardner home since the date of the automobile accident, she had often been there for two or three days at a time. She said although often with the Gardners, she had never told them, of overhearing the demand for , money made by Mrs. Cornelius, May 28 last, and the fact that she heard this did not come out until last Sunday night when .she , was again at the Gardner home and met Arthur N. Sager, Gard tier's attorney. During a general conversation about the trial Sager asked Mrs. Forgy what . she knew and she said she surprised sll those present by telling of overhear ing the talk between Mrs. Cornelius and Grrdner in which the $5000 demand is said to have been made. When asked about her movements since Sunday night she said she had been at the Gardner home atl the time and came from there to court. I.eo Gardner, the plaintiff's son, who was running tbe automobile when it killed Williams, corroborated Mrs. Forty's testimony as to Mrs. Corneliuo demand for money and told the same story of the running down of Williams at his -wn trial for manslaughter. He denlfd that his father had In- Mnicted htm and his companions to testify and said that after Williams kitlod the boys arranged the'r alibi stories while at Campbell's Forest Home without advice from Harry B 'lurduer or anyone else. . Gardner testified that Mrs. Cornelius declared tha unless he gave her $5000 Mtr son would confess, and Leo Gard i r would be convicted of killing Wit '.ims. Gardner' Tritimonr. I tola Mrs. Cornelius she could not v-t 5 cents of my money," said Gardner, ' d ordered her off the premises she left, she said she was a South i ter, and !iat she and her son would !.: me." iardtier was put through a two hours mi :r inatian on the stand Tuesday xht. Gardner explained the testimony o Uier witnesses that he had held, a mock ourt on his front porch, and Instructed icorge Bohn what testimony he was to ji've, by saying that Bohn had tol .dm he had an ahbi. and that his exam niiUtmi of Bohn was for the purpose of octet -mining whether Bohn was telling tiitt truth. He said he had no know iedg at that time that Bohn was a member of Leo Gardner's auto party. . Mrs. Cornelius testified that at . one 'f the first meetings , she had with Uardner In reference to the case, Gard ner told her there was little to worry about. "I have employed Jeptha t, Howe, Situ. Cornelius said Uaidaer told her Coatlaued a-av rasa 3k Celomrn 1 Amateur Aviator Completes Remarkable 290-Mile Voyage, Sailing " High Over Water Foitio.: of Route and Dzclinin Warship Convoy. Special Cable From the Paris Bureau of the Poat-Dlspatch. PARIS, April 12. Pierre Prier, an amateur 'aviator, today made one of the greatest flights in the history f flying when he completed the hazardous voyage of 290 miles from Lotion to Paris without a stop. The daring airman crossed the Kn glish Channel so high in air that at neither Dover or Calais could the form of his aeroplane be seen, and the hum of his motors could barely be heard. No war craft convoyed him. as has been customary, and an accident would have been certain death. W. S. KENYONIS ELECTED AS II. S. SENATORIN IOWA Deadlock Which Had Continued Since Early in January Is Broken. By Associated Press. DES MOINES, Io.. April 12. Judge William S. Kenyon, a Republican, was elected United States Senator to succeed the late -Senator Jonathan . P. Dolliver on the sixty-seventh ballot in the Iowa Legislature-, this afternoon. The victory came with the second ballot of today's session and following a stormy session. Kenyon received 85 ballots to 19 for udge Deemer. The deadlock has existed since Jan. 17, when the first ballot was taken. At that time Senator Lafayette Young, the Incumbent, was the leading opponent of Judge Kenyon, but was succeeded by Judge Deemer on the twenty-third bal lot, about oix vweeks ago. William S. Kenyon . was general counsel for the Illinois Central Rail road when he was appointed assistant the Attorney-General of the United States. He assumed the role of trust buster, vacated by Wade H. Ellis of Ohio. He was before that an attorney, at Fort Dodge, Io., and was associated with Senator Dolliver. It is under stood that the Iowa Senator whom he now succeeds recommended his appointment as Assistant Attorney-General. Kenyon was an assistant to Secre- ary Dickinson of the War Depart ment when the latter was at the head of the Illinois Central Railroad's legal department. He also is a close friend of Solicitor-General Bowers, who was general counsel for the Northwestern road. . Kenj-ons residence is in Fort Dodge, Io., but his headquarters as general counsel for the Illinois Central were in Chicago. He was born In Elyria, O., June 10, 1869. His father was a Congregational minister tto was educated at Grinnell and later srauuaiea irora me law department of the University of Iowa. When 30 years oiu ne was elected Judge of the jiievenin judicial uistriet of the si-ot of Iowa. There are 5 Daily English Papers in St. Lcmis. The POST-DISPATCH and 4 others. Each has a value to advertisers, but not by any means an equal value. Experiments of the St. Louis merchants have proven this. The greater the circulation, if the quality is right, the greater the number of responses received by the advertiser. - Nearly 85 per cent, or about 140,000 copies, of the daily POST-DISPATCH are sold in the city of St. Louis and its suburbs. This means an average of a daily paper for each family. in St. Louis. . Is there any wonder that the St. Louis merchants fill their stores with customers when they advertise in the POST-DISPATCH as they did yesterday, Tuesday, to the extent of 76 columns while 54 columns was all they cared to use in three out of the other four daily papers ' all added together. It pays to advertise, in the right place Anything that it pays to sell. First in Everything. , .Circulation Books Open to All, ;r."TZ.I,:J He started from Hendon, just north of London, this morning and beat southward over the English counties at tremendous speed. He was reported over Maidstone and Canterbury, then Dover only heard the low buzz of the engine high in the air as he put out to sea. After an anxious wait, word was flashed from Calais that the aeroplane, far up in the sky, had passed over the French coast between Calais and Boulogne. , Down through France there was no diminution of speed, and the aviator passed Paris and made a perfect landing on the aviation field at Issy. Hft landed at 5:45 this afternoon. SOUTHERN TRACTION IS LICENSED HERE Howe, as Attorney for Company, Takes Out Papers at Jefferson City. Sp"cial-to the Post-Dispatch. JEFFEJHSOS CITY, April 12. The secretary of tate today granted a license to tbe Southern Traction Co. of Illinois. Jeptha D. Howe, attorney for the company, nan here to bring tbe papers. The company is capitalized at 91,500,000, of -which amount $200,000 is (or use in Missouri. MISS BESSIE ELLIOT TO BE JUNE BRIDE Her "Marriage to Edward Mal-linckrodt Jr. Is Announced at Luncheon. Announcement of the engagement of Miss. Bessje Elliot to Edward Mallinck-rodt Jr. was made 'Wednesday at a luncheon given by Mallinckrodt to his men friends at the Noonday Club. The formal announcement by Miss Elliot was left to be made later in the afternoon at a tea given to her friends at the home of ' Mrs. Harold M. Kauf f-man, 51 Portland place. The wedding will take place in June. After the ceremony the couple will tour 'Europe several months. Miss Elliot is a daughter of Mr. and Mrs. Henry Elliot Jr. of 11 Kingsbury place. She is one of the charming members of the younger society set of St. Louis, and has traveled abroad many summers. She is fond of athletics, and is a frequent visitor to social events at the Country Club. Mallinckrodt is a son of Mr. and Mrs. Edward Mallinckrodt of 26 Vandeventer place. .He is a member of the Noonday, University, Racquet and Country clubs, and is a graduate of Harvard of the class of 1S00. i-i. r: SI O.OOO tor Heine: Sinirlr NEW YORK April 12. Three New Haven (Conn.) girls, the Misses Belle, Trni-letta. and Marion Feuchtwanser, will receive $10,000 each from the estate of their uncle, Meyer Feuchtwanger, who died in this city April 6, for not marrying during his lifetime. There's hardly a line of human en deavor mBl UlTCB 1VV Post-Dispatch Help Wanted column at some time. House Leader. BENEFICIAL TO FARMER Canadian Reciprocity Measure, Approved by Democratic Caucus, Introduced. WASHINGTON, April 12. Two of the tariff measures which the Democratic House expects to pass in advance of any general legislation were introduced today by Chairman Underwood of the Committee on Ways and Means." They are Canadian reciprocity," following the identical lines of the McCafl bill, passed last session, except for a clause authorizing the President to continue negotiations for reciprocity with Canadian articles not covered by the pending agreement, and a bill to put on the free list about 100 articles now dutiable . under the general tariff. Both will receive early consideration. List to Placate Farmers. The free list bill is designed to placate farmers for agricultural losses which they will sustain under the Canadian agreement, but it contains also some foodstuffs and boots and shoes. The list is as follows: .Flows, narrows, headers, harvesters, reapers, agricultural drills and planters, mowers, horse rakes, cultivators, threshing machines, cotton gins, farm wagons, farm carts and all other agri cultural implements, including repair parts. Bagging for cotton, gunny cloth and fabrics suitable for baling cotton; burlaps and bags for sacking agricultural products; hoop or band iron or steel for baling cotton; wire for baling hay, straw and other agricultural products; grain leather, buff, split, rough or sole "leath er, bend or belting leather, boots' and shoes, harness, saddles and saddlery and leather for manufactured articles Barbed fenc"e wire, wire rods, wire strands or wire rope,, wire woven or manufactured for wire fencing. Others on the list are: Meats of all kinds, fresh, salted, pickled, dried, smoked, dressed or undressed, prepared or preserved in any manner; bacon, hams, shoulders, lard, iard compounds and lard substitutes; sausage, buckwheat flour, cornmeal, wheat &nd rye flour, bran, - middlings, and other offals of grain, oatmeal and rolled oats, and all prepared cereal foods; biscuits, bread, wafers and similar articles not sweetened; timber, hewn, sided or squared, round timber used for spars or in building wharves shingles, laths, fencing posts, sawed boards, planks, deals and other lumber, rough or dressed, except ebony, mahogany, rosewood and all other cabinet woods. Sewing machines and salt complete the free list. "We expect to call up the reciprocity bill Friday," said Underwood, "and will seek to pass it as soon as possible. Then will come the free list bill, and following that the bill providing for Statehood for Arizona and New Mexico. Reapportionment will come later." A bill providing for popular election of United States Senators will be reported to the House tomorrow, and placed on its passage. Discussion, it is believed, will not be prolonged, and Democratic leaders expect the b'll will e rushed through among the first of the party measures. HURRAH! CHANCE TO GET TWO FOR ONE Hufnagel Solves Puzzle of Cost of Living- Wants Mayor's ' Aid. John Peter Hufnagel, who was a can didate for United States Senator last fall, has a scheme for solving the high cost of living problem. He would dou ble the size of all measures,' so that the people would get twice as much for the same money. He called on Robert Burkham, Mayor's secretary, Wednesday, and explained his plan,, and wanted Burkham to in terest the Mayor in it. He promised to come hack later with his plan reduced to paper for the Mayor's enlightenment. Hufnagel would enlarge the pint to the size of the quart, the pound would he two pounds, the foot would be two feet and everybody would get twice as much for his or her money and the cost of living would, accordingly,be reduced one-half Hufnagel thinks. STEALS A PILLOW SLIP Lodger Arrested at Father Demp-sey's Request. The Rev. Father Timothy Dempsey, proprietor of the "Exiles Rest," at 1111 North Seventh street,' caused the arrest Tuesday of one of his lodgers, Elmer Johnson, whom h charged with stealing pillow slips. In Johnson's pocket was found a wad of cloth, which proved to be a 10-cent pillow slip when unfolded. Johnson was taken to the city holdorer. The Post-Dispatch is the only evening i.ewspaper in St. Iouis that receives or publishes rews gathered by the Associated Pre ' Actions During Past Six, Weeks Have Caused Whole Neighborhood to Wonder. ACRE OF MANUSCRIPT Son of Physician, ' Brain De ranged by Study, Buries ' Writing in Trenches. Almost every afternoon for tbe past six weeks a. man has appeared on a vacant tract of land in University City and acted in a manner that proved inexplicable to the residents and to passengers on the interurban cars which pass the spot. It is just south of the Klrkwood Ferguson line, north of Maryland terrace. The mah has been seen at times digging long shallow trenches with a spade. Then he would get down in a trench on his hands and knees and carpet its ffoor with paper. At other times he spread paper on the grass and spaded enough earth on it to keep the wind from blowing it away. He alwajs worked rapidly, with ab sorption, paying no attention to the wondering spectators that sometimes gathered. ,It was noticed that he was well dressed and apparently " cultured. He refused to give any explanation of his conduct or to tell his name, when questioned. i The "garden," examined during the man's absence, proved to consist of long rows of paper, laid either flat on the ground or In trenches a foot deep, and weighted down with clods and earth. The rows were about five feet apart, and covered almost an acre on a hillside in the Maryland Terrace Addition. The paper was found to be a high grade of wall paper, and every foot of it was covered with strange penciled writing. 'ir' Tuesday a Post-Dispatch reporter traced the unknown "gardener" to his home in North St. Louis. He is a son of a physician. The explanation given by the father for his son's actions is that he has an idea he is writing a new Bible, in poetry, and must preserve the work for future generations by planting it. "He became mentally deranged through overstudy 13 years ago in his third year of a course at Barnes Medical College," the 'physician said.: "But he is not harmful, and I hope his queer actions have frightened no one." ELECTRICITY CHEAPER; MAYOR SIGNS BILL Measure P"ducing Price of Cur rent From 12 to 9 1-2 Cents Lower in lo Days. Mayor Kreismann signed the Public Service Commission's bill regulating the rates for electric current at 12:30 p. m. Wednesday and it will go into effect in 10 days. It reduces the maximum charge from 12 to 9 cents a kilowatt hour, with a minimum of 50 cents per month for those who pay the maximum rate and $1 a month for those who pay less than the maximum. It is estimated by the Public Service Commission that residence consumers will save $75,000 a year under the new rates. SHOWERS COMING, WEATHER COOLER, WITH SOUTH WIND THE TEMPERATURES. 1 . m n a. m. 8 .7 m. m. . 8 a. m . . 9 a. m". . IO a. ra . . ..'.:t 12 I noon I 71 . . .fkt i p. in 72 , . .5 a p. m ....... .70 ...64 TeMerday's Higheftt li west Tempera tares. 5,1 at IO i. in. . ..4 at 12 mtdatght "Well, the baseball season opens today," said the butter salesman. "I won't b e there," said the grocer. . "Why not?" "O, I've" got something else to do. It might cost me $250 if I went to the ball game." "Is business as good as all that?" wasn't thinking about business." "What, then?" "I'm working for that slogan prize." "Have you got one?" "How's this: "PUT YOURSELVES IN OUR SHOES." Official forecairt I ( loud j- with show era toniah or Tkaradtn warmer to night, cooler Thursdays freak noota- erlr wlads. , Stage of the river: 11.8 feet; a fall of 1 foot. J1!inlt"r!ttl'l. with ihowi tonSsht or Tnuridny: warmer in avun pinioii to men'. Mxanuri UnttJ5, with nhnwara tonigh trt inurioiy; wu-uisi- ia. aaat soruaa aigbti cootar XbursdaTk HELLO LftRRV.' H0YtY Of? Ilk r-$' & L vial If w?5 1 , i IELL0, NEW YOffl CALLS TO DENVER; 1L0JS REPLY Telephone Company Head En tertains Guests by Long Distance Demonstration. By Leased Wire From the Xew York Bureau of the 'T'ost-lMspntch. NEW YORK, April 12. U. N. Bethell, vice-president of the Amerim Tele phone and Telegraph Co.. entertained the New Jersey cliff dwellers, resi dents of the mountain side, last night his home at 2i0 Mountain avenue, Montclair, and treated them to speeches, songs and plays by telephone from many parts of the country. A feature of the evening was getting, for the first time outside of experiments, telephone connection with Denver, 2200 miles away. The longest distance over which the human voice is carried commercially is that between New York and Omaha, about 1500 miles, Bethell explained, but it is hoped soon to have Denver on the regular list. The instruments wrought the voice from the Rocky Moun tains as plainly as though Denver were only a block away. The guests numbered 50, and each had a special telephone receiver adjusted to his head. From Washington, Representative Ed- wdrd W. Townsend told the news of Congress and made a speech on reci procity. President Nesbitt of the Chi cago cliff dwellers exchanged greetings. C. K. Hall, a friend at Boston, did the same for the Hub, and so with the other cities. ' The music was equally successful. A scene Irom tne opera ai we weiro-politan was heard, and then several numbers by a quartet in anpther amusement place. Next the listeners heard an act of a play by the Ben Greet Pla, era. Bethell said it would be possible irith little trouble to arrange so mac e ery performance in every part of the c i.n- try as far a Denver could be r ird here, and a general receiver couk be made that would enable a party tc ut around and hear without individual e- ceivers. 1 ) MUSEUM BUYS THREE PAINTINGS BY BASTIDA Spanish Artist's Canvases Bring Big Prices After Exhibition Here. The Board of Directors of the Munici pal Art Museum Wednesday announced the purchase of three paintings by Joa quin Sorolla y. Bastida. The paintings have been on exhibition in the Museum for three weeks and have been seen by thousands. Of the pictures bought for the Museum the largest Is entitled "Before the Bath, Valencia." Tt represents a little girl tying up her hair preparatory to a plunge in the surf. The price paid for it was 5000. "T'nder the Awning, Zaurun," Another of the paintings bought, cost tW. The third, purchased for 20, is "Tbe Oar- den of the Adarves, Alhambra, Gren ada." Following the usual procedure the art ist will give the Museum a 25 per cent discount from these prices and the Mu seum will not be required to pay duty on the paintings. Cosiha Tleraelf Death. HERRIN. 111., April 12. Mias May Walker, aged 1 year, daughter of ChUf of Polire Matt Walker, broke a blood vessel in a fit of coughing aud died shortly afterwards. THREATS IN TYPE BY BLACK HAND FAIL T0TERR0R1ZE Line of Pi Not So Convincing as Old Style Skull and Cross Bones. , n There may be progress in black hand ing, as in all things. Your uo-to-date black hander no longer uses a pencil or pen and ink to demand money and make bloodcurdling threats. He has be come a disciple of Guttenber'g, or who ever it was. that invented printing. Witness the experience of. John Sapienza. Sapienza lives At 5106 Wilson avenue. in that district known as Dago Hill. the scene of several recent black-, hand dynamitings. He turned over to the police Wednesday a Iftter on which this address was stamped with rubber type in capitals and In red ink: ST. LOUIS, MO. COOPER ST. 3908 GIOVANNI SAPIENZA. The Cooper street address is a barber shop where Sapienza shaves. The body ef the letter was printed. It is in English, as follows: 1'-. 'John Sapienza: By order of the Black Hand, you will please give up $200 without telling you another time. You have the money with youwhen we ask ybu for it. We will not notify you again. You will tell nobody, tot even the police. Be sure to have the money with you when we ask for it. It will be had for you if you don't. There evidently was no skull and crossb'Mies symbol In the printing eut- fit, because the signature looks like line of pied type. It is a Jumble of let ters, some upside down, with a dollar- mark or two thrown In. Progress ha its disadvantages. Being modernized, black handing seems shorn of Its terrors. The letter frightened Sa pienza not at all. He turned it over to a policeman without a tremor. "Catch m." said he. The special officers ot the Mounted District are looking for a box of rubber type and a red Ink pad. DEATH PLAN IS TOLD IN NOTE IN BOTTLE Name of Edith .Schultz Signed, But She Is Not at Address Given. A tag on which was what purported to be a suicide note written by a woman was, found in a corked bottle a few feet from the river's edge at the foot of Market street by two boys and brought to the Poet-Dipatch office Wednesday. , The note read: "To whom It may con cernDear One: If you find this bottle please" notify Cu'.len & Kelly, undertakers I am EdTth Schultz of 2T43 Cass, avenue." uon tsrewer of 2m3 Uenton street and Aimur noiifr oi uvrritod fark saw tne bottle washed ashore while on lives watching a steamboat land. At 2T3 Cass avenue and in the neigh borlioiM no one could be found who knew anyone named Edith Schultz.' No one of that name has been reported raaaeaa-er Thrown Front far. C. J. Stuart of 2M4 California avenue was hurled from the back platform of a northbound Cass avenue tar at l.X a. m., nfmy, as tt roiiri'le.1 a cut vc tn Ninth str-et; ltn Lvnrti nu.l lxircjjs sireeis, and received severf bruises. Argues With Nicolay's Counsel Upon Point of Law and impression Gains Ground About the Four Courts the Relief Fund Secretary Will Not Be-Tried. A $65o SHORTAGE IS BROUGHT OUT Prosecution Has 25 Witness es and the Case Will Take Up Rest of the Week-Captain Hanna Tells About Sale of Tickets. ' Circuit Attorney Jones revealed the legal ground on which he expects to put John M. Healv on the witness stand against 'John F. Nicolsy, on trial in Judge Hitchcock's Court, in an, informal chat Wednesday with Thomas B. Estep, Nicolay's lawyer. During a brief recess, Jones saM to Estep, sitting across the couns4 table from him. "There is plenty of authority for putting Healy on the. stand in this case." . ' You can t do it," said Kstep. "The" first count of this Indictment says that Healy embezzled JG50; the second, that Nicolay counseled and incited and abetted him to embezzle it. Now (hat anafcea Ileal jr the prlarival. Am a partlclpaat la the crime he rau- oot teatlfy. The Supreme Court fca o held." 'But the ft rut couut at tbe ludiet. went la merely lTpt 1 ve," June a i - Kued. "Nh'olay is the real offender, as I the real chaise is contained in the ond count. That makes Nicolay the principal In the offense." "Well." said Estep, "you will hava to dismiss the case against Healy before you can put him on the stand against Nicolay." 'If that were so he would never go on the stand," said Jones. Healy Neeilnl Wllaeaa. Jones did not say positively to Estf-p that he interded to put Healy on tha stand,- but Ertep says there Is no possi bility of getting the esse to the jury without Hesiy's testimony. He says Healy Is the only one who will say that . Nicolay got more than the customary expense mor.ey during the police benefits at Forest Park Highlands. It is the general conviction at the Four Courts that Healy, undir Indictment on the charge of stealing JU,) from the police relief fund, will not he prosecuted. If he takes the witness ' stand. To testify against Nicolay jie must admit embezzling money from tin fund. And after such an admission be could not plead not guilty to the charge of embezzlement against him. " The reces.i, during which Estep and Jones talked toget?Ter, was taken by Judge Hitchcock in order to t Healy's case forward on the docket. He explained that the Nholay e could not be concluded before the end of this week. The State has 25 witnesses, of m-hlch 11 had then been exam ined. Judge Hitchcock asked Estep how many witnesses Nicolay would have, and the lawyer replied that he could not tell until the prosecution hml rested. Healy Case Goea Over. William E. Fish, attorney for John Noonan, and George Webster, for John Dunlgan, who also are under indictment In connection with the relief fund shortage, were In court, and they agreed to have the cases set tentatively for April 26. Healy's lawyers are former Judgfe C. Orrick Bishop and Jeptha IX How. Jones' brother-in-law. They wera not In court, but Judge Hitchcock set Ita ly's case over with the others. Jones elected to try Nicolay ahead of Heaiy. Capt. Hanna of the Wyoming 8tret District was the first witness at the afternoon session. The policeman who sold tickets for the benefits turned over their money to him and he forwarded it to Healy. He testified as to the number of tickets sold In m snd 1V9. th pur pose being to compare these figures with Healy's cash book. It ws Jones" pint to have the captain of each dhUilct testify to these facts. As at Tuesday's session. Judge Hitchcock repentedly reproved Jones for arguing with the Plata's witnesnes. anrt once he took a witness out of Jonas' hands and himself questioned Mm. ila forbade Jones to bring out any further testimony about etpense meney. saying that point had already been proven n.l that to continue It was wat of time Jones argued that it s rumuiattva evidence. bu. Judge Hitchcock overruled htm. Jadg lalerferee. It was during tha testimony of r trolman John Htead tht Judge Hitch-cock took a hand. Jen-s tHrgan questioning htm about his collections for tha fund, and Estep objected on Jh ground that It had hern shown already that thousand Of dollars had been turned over to Healy. whereas the sum merw tk.ned lit the IndlciniTt is but "I nrr-nt niiti you, Judge lllti :hce-ck told Ktrp, "tt.at a4 tha testimony needed oa this poiot haa boon, address, Staf i i ll 4 -f

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