T^:;*yCSLJX.,3ro. «7. it hole 7 (0. 9Sn. SEC riGES. lOLl, KAJfSAS, OCTOBEB S5, 1»7^FK»AT ETENIXG. SIX PAGES. PBICE TWO tESlA ^AM WHITLOW IS HELD XIJST- AKSWER I> DISTBICT COURT TO MURDEB OF MAT SAPP. l|!SB(iDiSFIXED;AT $10,000 DEFENDANT SATS HE CAN SECURE BEQCIRED BO>D. i.tttniers H «Te Spirited Antnraent Orer Bond—>o »w Evldrnri' ' Yf*n Introdured In Case. • "I win hold the defcmlanl to answer In district court to the charge of tlrst degree murder, and I will fix the bond at JIO.OOO."—Judge C. S. Potter. + .J * • * * • ^' -> <• • • <' At 2:45 this afternoon after evi- .dence in the ^Vhltlow bearing was closed. Judge C. S. Potter announced: "I find that there has been an offense committed, and that there is probable cause to believe tha defendant guilty." , At 2:10 this afternoon the attorneys for the state, after stating that they believed there was a way to "shorten this thing up" withdrew from the room. The attorneys-for the defense later withdrew and if is said that a conference was.held by attorneys on both sides. Tlie attorneys returned at 2:45 and the state announced that they rested. The defense also sa'd th^ rested. . County Attorney Peterson then arose: And said that the state had proved-that an offense of murder in the flret degree had been committed.! That Mtes Sapp had been found dead on the evening of Septsmber 27th. last and that Sam T^-Jiltlow was there alone with her at the time; thA he carried the razor away and later brought it back: that physicians said Miss Sapp's wounds could not have been self inflicted, and finally that Whitlow had attempted suicide. " "In view of these facts." said Mr. Peterson. "I think the defendant Bhoald .be held under a |12 000 bond." Thefcourt"then said he would bind je)!(iindant over. The question of ) ainoant of bond was then dlKcussed. the defense thinking that fs.ooo was enough. A spirited argument took place, all of the attorneys partlolpat- Ing. The court fixed the bond at $10,000. Mr. WTilt:ow fold a Hox-ii- ter reporter that lie ruuld K>ve a bond of that sum. With the possible exception of the introduction of the raior which was found on the scene of the Sapp trag edy there was nothing of especial interest In the UTiUlow hearing today. "Wien County Attorney Peterson drew the razor, carefully wrapped in a piece of papsr, from his pocketj and banded St to Cal Morrison, the Morao constable, who found it near where the body lay, for iden- tiflcatlon, considerable Interest was manifested by the spectators. They pressed forward from the rear of the room to view the weapon. More interest is attached to the razor by reason of the fact that County Attorney Peterson received word this morning that the peddler who was in this vicinity selling the "Our Allt- aooe" two months ago. and is thought to have sold the rasor with which the deed was committed, TO some one in Mbnin. was known to be in a little town near iTulsa. Mr. Peterson, however, didliot seem to regard the information 'as of much importance. He would not say today as lo what he expected to do about it. ) X_ fair crowd was on hand when the hearing began. Mr. Whitlow seemed to be in very good spirits and shook ItandB with his attorneys and friends wben be came into the court room. Mra, Whitlow and >;ier father, G. W. Camer, were present Befori? the hearing begaji. Mrs Sapp. mother of May Sapp. is not in attendance today. It Is apparent from the evidence Introduced today that the state is hop- iDf to disprove Whitlow's alleged re lltions with Miss Sapu. Cal Iforrison. city marshal of Mo< mn. was the flrst witness in the case today. Mr. MorrlKon was on the main •treet of Horan when he heard the screams. He went at once to the Sapp home. He was about the sixth person there. At the request of parties who were on the ground he placed guard* arpvnd Vit yard to keep people from coming o«to the scene of the tragedy, "Di4-7on Jook for any weapon about the • aeaae.r asked County Attorney .. -dii.'^: .;,r^JV?i ^J*ML TOO find?" ... .^Wpttli^'^ . J^^f ;:5lS*i «^»«t ,AJMw ooBtlnue the "A razor lying about 14 feet north cist of the body." "Could you identify the razor? "I think 60." "Is this the razor?" asked County Attorney Petereoin as he presented the razor found on the scene. Attorney Oyler objepted to the In troductlon of the razor as Incompet ent evidence. The objection was over ruled. County Attorney Peterson then said the razor wouic be introduced as evidence later. The witness testified that he took tlie razor to Mr. Sapp immediately alter finding it. and asked him if h» could identify it. He said Mr. Sapp ^ald he could not Identify it. The wit ne .-s then turned the razor over to SiuTff Bollinger. He described how I lie razor lay. He said It was open riid that the heel of the razor was off the ground. He looked for blood stains on the razor but found none. He was asked If he saw WThUIow the evening of the tragedy. "I did." "After or before you found the razor?" "You noticed Mr. Whitlow?" "1 did.• "Wiat did Mr. Whitlow say. if anything?" c "He said. 'Is she dead; is h.'^r throat cut?'" The witness said that Mr. Whitlow readll.v consented to -leave the yard when requested; Captain Ewing conducted the cross examination for the defense. The witness was questioned closely as to how the screams sounded, as to whether they were screams of agony or otherwise. He said they seemed to be the screams of a girl in terror. IJe said he did not notice the brand of the- razor which he round on the scene of the tragedy. Mrs. L. B. Kinne T.as the second wUnesB this morning. The Kinne family live across the alley west of the Sapp home. In answer to questions, the witness said that there was nothing to obstruct their view from the Sapp home and that they bad seats in tbeir yard where the members of the family frequently sat at night as late as 10 or 11 o 'clock. "You cduld see anyone In the back yard of the Sapp home?" "Yes." "You knew Miss Sapp?" "Yes." 'Did you ever spe her leaving or entering the Sapp yard late at night." "1 did not." "Did you ever see anyone loitering al)cut the Sapp yard?" "I did not" "You were at the Sapp home night of the tra^redy." , "I was; I went there lo get milk." "Miss Sapp was there, and talked with her? ' "I did; she got the i»''k for me.""How long were you there?' "About 15 minutes." ••\Mhat time did you go there?" "About 7:15." "How did you find Miss Sapp with reference to her spirits?" "Found her in the same spirit 1 always found her." Attorney Oyler objected to the question as calling Tor a conclusion on the part of the witness, but the objection was over-ruTed. Mrs. Kinne testified that she hearJ the screams from the Sapp yard within five minutes after returning home. On cross examination she was ask- rd l>y Captain Ewins bow she fixed the time she was at tiie Sapp home, and when she left. She said there was a surprise party planned for one nt her daughters that night and she had noticed the clock while getfins ready for the party. .Mrs. Kinne was also questioned with reference lo the collar of the waist worn by Miss Sapp. She spoke of 'Insertions" and Captain Bwins?. who was conducting the examination, confessed that he was a stranger to the word so far as it applied to deas- making and Mrs. Kinne laughingly explained the meaning of the mystic word while the men In the audience listened with gaping mouths. She was also asked as to the color of Miss Sapp 's hair. She said It was a light auburn. F. J. Oyler for the defense asked the witness If the color of the hair compared with "my friend Peterson 's'," pointing to the county attorney's locks. The witness appre- clhted the fun and said it was lighter. Mr. Kinne was then called to the stand. He oorroboreted his wife's tra- timoB7 with, referance to the family altUng^in thsvaMt* In the jrarttiuittl ]«ite at^iight'and tQ: being able to ae« the th.^ you 77 , An Interesting feature of his evl dence was that he had seen Miss Sapp In the rear yard on several oc casions. Mr. Kinne said he returned from bis place of business between eight and nine o'clock and probably once or twice a week bad seen Miss Sapp in the yard while on bis way home. He testified that he thought nothing about it merely believing her to be on her way to an outbuilding in the rear of the yard. • Ha testified that he had never seen her going In and out of the yard late at night. When ho had concluded his evidence the defense moved that his evidence be stricken out on the ground that It was Incompetent, Ir relevant, immaterial and had no ten dency to disprove any issues Involved In the case. County Attorney Peterson Inter nipted at this point by saying that the witness would not be here at the time of the trial In dl.sfrlct court and his evidence was wanted now. The defense then said that that fact was all the more reason why his evidence should be stricken out. The objec tiqn to the evidence ay the defense wa's overruled. |n cress-examination Mr. Kinne tes tilled that he saw men .ind women at \ very late hours passing through the alley between his residence and the Sapp home. He could not identi fy them, however. He could not Identify any of them as Miss Sapp. Dr. n. W. Reld. coroner, was th!> first witness on the stand this after noon. He told of being called to ^loran to investigate Miss Sapp's death. He, took charge of the body. He des- criped the wounds. He said there seepied to be two «^ounds. running together in the center or under the throat. He also spoke of cuts on the hand. "Could the wound on the throat be self inflicted?" ".\o, sir. It couldn't." Dr. Reid then told briefly of WTiit- kiw's confession to him. Sheriff Bollinger and C. J. Peterson, that Miss Sapp bad committed suicide. In an swer to questions Dr. Reld told of Whitlow's attempt to commit suicide on hiB way to the Jail after the confession. He said while the party was enroute home he detected an odor of wood alcohol. He said that when they got on a car at Lallarpe ^\^^lt- low remarked that lie was not feeling well. Dr. Held tol.I ium that he had taken too much wood alcohol to feel well. Whitlow dlil not answer yes or no. Dr. Reld said that on their arrival home he washed out Whitlow's stomch. It contained wood alcohol. Sheriff C. O. Bor.:nspr then took the stand. He told of being called to the Sapp home the night of the tragedy and finding Miss Sapp. In answer to questions he saia he was present in the hay and feed store at .Moran when A\'hitlow made a statement with reference to the tragedy. He testified that he noticed Whitlow was unsteady and dizzy when being brought to Io!a. He said he accused U'hltlow of taklns some poison, but the prisoner denied it. He said he was pre.sent when Dr. Reld removed wood alcohol from Whitlow's stomach. He said Mr. Whitlow objected to having bis stomach washed out. i- "St-art.\ After press hourR yp-;tprday afternoon Dr. Delong. of .Moran. was called to the stand. Dr. Delone h;is lived at Moran three year.-;. He toll of leing called to the Sapp home. There were but two or three people on the ground at the time. He examined the body and found .Miss Sapps throat cut almost from ear to ear. He said he thought life had been extinct possibly five minutes when he made the examination. He found a cut on the left hand on flrst two tinsern. The cut ran straight arross. It was a (loodleas wound. He oald he had no- tired the front of the waist worn by Mlas Sapp. He said it had no opening but there was a rent on the left shoulder. "Are you positive the dress was buttoned In the back?" was asked. 'I am." He thought the head was thrown back a little when the cuts were made. He was asked if these cuts could have been self-inflicted by use of a razor. "That is possible, but not probable." was his answer. ' On cross-examination he was asked why he did not think cuts were self- inflicted. He said the nature of the wounds caused him to arrive at that conclusion. >\nien asked again as to whether, in his opinion. May Sapp might have inflicted the wounds, he said that depended on the question of rationality. An Irrational person might inflict the wounds. Dr. O. B. Lambeth followed Dr. Delong. He has been a resident of Moran for twenty-fpur years. He was called the ni^t of the tragedy and examined the wounds. He described the woonds in the throat and on her band. iJ^Vf theM W«I(MU sacb t|uit MUs BANKEBS DIDN'T MEET JiO OFFICIAL MEETINGS HELD IN NEW YOBK LAST NIGHT. SECRETAOY CORHLYOU [IS BUSY SUPPLY OF SMALL BILLS ON WAT . FROM WASHINGTON. Some Small Banks rioRed—A on Trnst rompany nf Amrrlra. Rnn New York, Oct. 25.—A much calmer tone Is apparent In business circles this morning. Last night passed without a conference of bankers. This morning the United States Exchange bank, a small Institution in the Harlem district did not open. The bank has five hundred thousand dollars on deposit. The Borough bank of Brooklyn, a state Institution, with deposits of five million dollars, also did not open. One of Its principal connections was the Knickerbocker Trust company. Lines of depositors were waiting this morning in front of the Trust Company of America and the banking ofllce of the Lincoln Trust company. Some of them, including women, remained up all night. Pa >Tnent was resumed by both companies. Secretary Cortelyou said this morning: "Matters are steadily improving." The International Trust company, a small trust company which had business in connection with the Borrough bank of Brooklyn, closed later. The Brooklyn bank In Brooklyn, owing depositors a million five hundred thousand dollars, also failed to open this morning. Stock Excfaangre Closed. Pittsburg, Oct. 25.—There was no session of the stock exchange today. The directors decided to remain closed for the present. Rhode Island Company Closed. Providence, R. I., OctJ 25.—The Union Trust company did not open for business today. The depositors gathered early in front of the bank ti^ withdraw funds. The notice said: "The liank closed owing to stringency of the money market." Secretary rortel.vou Is continuing to give financial assistance In a large way and anther large supply of small bllis is being rushed to New York from Washington. It developed this morning that a number of those in line at the Trust Company of America and at the Lincoln Trust company were not depositors but persons who had taken places In the hope of selling favorable iwsltlons to the depositors who would be willing to pay for for\\-ard place in the run on the Trust Company of America. The offlc ers of the bank have not sufficient resources to meet any demand. THE WEATHER, Forecast for Kansas:- Probably showers tonight and Saturday. Data recorded at local office, U. S. Wieather Bureau.' yesterday, today, and a year ago. Yesterday Yr. ago 2 p. m 80 50 C p. m G7 43 Vi midnight 62 37 Max. Temp SO 53 Mln. Temp 52 37 Precipitation 7 p. m T 0 Today Yr. ago 2 a. m. ....62 • 3« C a. m. !...60 35 12 noon ;.. .66 64 Precipitation 7 a. m 02 UTES HIT THE TRAIL ANOTHER OUTBREAK ON CHET- ENNE RITER RESERTATION. TROOPS HAVE BEEN ORDERED OUT FIVE HUNDRED DEAD EARTHQUAKE BURIES CALABRI- ANS IN THEIR RUINED HOMES. SCORES OF TOWNS WRECKED FLOODS ADD TO DISTRESS OF THE PANIC STRICKEN PEOPLE. Half the Houses in Shaken Tillages Are Dcstroycd^entnry-Old Towers Leveled. Sapp could have Inflicted them with a razor?" was asked the physician. "It seems to me impossible," was the answer. "Why do you think it impossible, doctor?"" Because the wounds lacked depth and because of their position.' How many suicides in which the deed was done with a razor have you examined ?"' Oh. three or four." Have you made a study of suicides by cutting of the throat?'" "No sir." Harlan Taylor, the Moran banker, followed Dr. Lambeth. He was two blocks away the night of the murder but heard screams and went to the Sapp home. He was among the first here, and helped straighten the body out. •Pld jou see .Mr. U'hitlow?" was asked. "I did " "Were hl.=? actions such as to attract your attention?"" '•They were."" •What were they?" Mr. Taylor arose from the wltne.^s chair and described by movement and voice the appearance of Whitlow. He stated Whitlow was agitated when he came and said: "Is her throat cut? la she dead?" How cIo.se was ^\'hltlow to the body?" About ten feet." Was that as close as he was to the body up lo the time he asked those questions?" •So far as I know." In cross-examination Mr. Taylor admitted tha(-Whltlow came up after several parties had been there and gone away so that it is possible. that his questions arose from what he had learned from other people. "When you approached the body did you hear Mrs. Sapp say to her daughter '.May did you do this?'" "No sir. I did not." Neta Rumbel. a school girl living two houses north of the Sapp home, then took the witness chair. She told of hearing the screams at the Sapp home the night of the tragedy. WANTED—A dining room girl at Hotel TbouwM. - ; : Rome. Oct. 25.—At 6 o'clock this evening 200 bodies had been recovered from the debris of a score of Cal- abrlan towns wrecked yesterday by earthquak€?s, and the dead will number at least 500. The first shock fortunately brought the entire population of the villages .'nto the open, many succeeding in making their escape to the hills, which accounts for the smallncss of the list of fatalities. To add to ths desolation caused by the earthquake It was raining in torrents yesterday evening, which greatly increased the suffering among the homeless people. Half the houses of Ferruzzano and Brancaleone collapsed and many per sons were burled In the ruin, and nt Sinopoll and St. Ilarlo more lives arc said to have been lost. Panic prevailed everywhere. Half of the houses of the village of Gerace arc In ruins and similar conditions prevail In a number of other points in. Calabria. The cathedral at Gerace was thrown down, as was an ancient tower which had withstood all the Calab- rian earthquakes for centuries. i During the confusion caused by the first earthquake the prisoners in the jaU at Cantazaro mutined, and were only subdued with great difficulty. The female prisoners were particularly alarmed, screaming, shouting and beating the doors until the whole place was in a terrible uproar. The prison officials did every- tning possible to calm the inmates, but they broke out afresh every time another earth shock was experienced. The troops sent with the relief trains to the scene of the disaster had a calming effect on the population. Only two days ago the financ^e minister inaugurated two entirely new villages, in Calabria, which had been built by the relief committee of Milan for tbe victims of the. earthquake of 1905. These villaees, however, withstood the shocks. The shock was especially severe in the southern end of the peninsula. Ro- colla, Jonlca. Reggio, Coszana, Bar- aod'o. Clttanova, Palml, Marina and other towns suffered, but not severe- A special dispatch to the Tribune says that 100 persons lost their lives In the commune of Ferruzzano. BANANA iREE ON EXHIBIT. Connty Tresssrer Sickly Has Plant at Court Honse. County Treasurer M. F. Sickly is the own?^- of one of the very few banana trees In this state. He pur- c'lased one that wasi on exhibition at the Farmers' Exhibit at LaHarpe several days ago, but it was only yester- had it placed in the upper hall of the had it placed In theupper hall of the conrt house wbei^e it can IM inspected by the visitors. It la said to be abovt' three years old, havfaig been grows In a hot house. TOMMY GRE^. a young smelter- man at La Harpe. was stricken with heart failure yesterday afternoon cal for a time thought to be in a Tory serious condition. Word from La Harpe this Mtenxxw'^PO'ts.his coa^ moA Wht Terr ^vek Bettter, v REPETITION OF THE 1906 UPRIS- ING IS A POSSIBILITY. Indian Agent Makes an Urgent Ap< peal to Dlrlslon Headquarters for Soldiers. ,. , Washington, Oct. 25.—Troops have been ordered from Fort Meade, S. D., to the Cheyenne River reservation in South Dakota, to quell an outbreak of the Ute Indians. More than a year ago the Utes, who declared they were unable to live on their reservations In Utah, created almost a panic in portions of Colorado and Wyoming by wanderiiig through those states. Threats to take the war path and raid ranches were attributed to the Indians. It was alleged that they were trying lo get the Cheyennes to join them in a general uprising. The Utes refused to go back to Utah, and, rather than use force, the government gave them temporary quaiiters on the Cheyenne river reservatioh. where the present outbreak Is In progress. The nature of the trouble Is not known here. Will Have to "Hike" It. Colonel Downs, a special agent of the Indian office, is at the Cheyenne river reservation, and a telegram was received from him saying that the Utes had become unruly and troops are needed. Fort Mead is about 100 miles from the reservation, and it will be necessary for. the cavalry to make a cross-country, "hike,' 'as there is no railroad between the two points. It was dissatisfaction with advancing civilization that caused the Utes to leave their reservation Ih Utah and take the road the last time. The secretary of the Interior flnally agreed that the Indians would not' be compelled to return to Utah but that they must settle down on some reservation. At the Utes' request the Cheyenne river reservation was selected and two townships were leased for a period of five years in order to supply them with homes. There are about 600 of the Utes Involved, including many young Indians, among whom the greatest dissatisfaction has developed. Two Squads to Go. Omah, Nebn, Oct. 25.—Dispatches were received yesterday evening from Washington by Major Noyes, in command of the department of Missouri, ordering troops to be sent to the Cheyenne river reservation immediately, where it is undfrstood the Ute Indians have :become restless again after voluntary transference from their Utah lands last year. Following the instructions from Washington, orders have been sent to Fort Des Moines that four troops, composing a squadron of the Second cavalry, proceed with alih haste to the Cheyenne agenc.v. where Indian Agent DJSwns is located. It is expected the soldiers will reach the end of th^ railroad tonight and will be at th« scene of the uprising within twenty- four hours thereafter. Orders were, gent to the troops at Forts Meade. Des Moines and Robinson late yesterday'afternoon to be in readiness for instant departure npon receipt of advices from Fort Meadf that Agent.Downs had telegraphed for troops. When Washington was provided with the facta, the order for the squadron from Fort Des Moines was Issued.- Fort Meade U the nearest military point to the reservation^ 100 miles distant, but only one troop Is located there of the Sixth cavalry. Seven are. at Fort Robinson. 200 mile* away, belonging to the Eighth "regiment, but the distance by rail Is Iea«t from Des Moines. The cause of the unrest among the Indians is *not explained, nor hasthe army headquarters here any information. The Utes own much land of their own from which their sustenance is' derived, and It is thought likely rations became low for some reason, as the tribe has been muttering for ' some weeks following a period of plenty. MIS LENA Culbertson went to Kansas City this afternoon on a «hort vacation from the county clerk's office. WILLIS B. Holland, of Little Rocfc. Art. and Lucy Vivian Edwards ot Qarnett colored, were noited la goli;^ rlafee this afteniooa br Probate Jadi» Sadth.
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