Iola Daily Register And Evening News from Iola, Kansas on December 12, 1908 · Page 1
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Iola Daily Register And Evening News from Iola, Kansas · Page 1

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Saturday, December 12, 1908
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NEWS TODAY _____ . : . THE REGISTER HAS THE LARGEST BONA-FIDE CIRCULATION OF ANY PAPER PUBLiSHED IN ALLEN COUNTY^ KANSAiSL' 1^ / TOLiniB XI. TtUXBEB 41. SIX PAflBS. IdLA, lAVSAS, DECEXBE8 It, IMta-S^TURDAT ETEHriXfi. SIX PAGES. nioi'Two oinik REED'S TRIAL TODAY COLORED MA> niAHOED WITH FELONY VKVlSa A JIKY. MAY GO TO THE PENITENTIARY OFFENSE ALLEflED IS PrXISH ABLE WITH HEAVY SKXTEXE. Mhfi Horn Relates Story of Her Es eapade YFllb Ri-ed With Apparent rneoncem—Case to Jury.this Afternooii. ' A little bunch of color was added to the proceedings in the present term of the district court this moraing when Louis Reed, a negro, was brought to trial on a charge of having attempted to commit a rape upon the person of Miss Donnle Horn, a while girl fifteen years of age. Reed is some stern man and a near poet. Probably two hundred men sat in the court room this morning and stared at him like he was the greatest curiosity now In captivity. Yet Reed sat sphinx-lll;e, never shitting from the right to ilie left and gazing defiance Into the i^yes of the spectators. He seemed to be the least concerned man in the room. He sat about umpsteen feet from his counsel. Col. J. B. Atchison, never offered a suggestion or correcUon and gazed al>- stractedly at tjie desk of thd^ court He is black as the most primitive In habitant of Bandanna land and he bore a kind of a "guess I'll get out of It some way" expression upon his face. When Donnle Horn told of her relations with him while they lived in Oklahoma, Reed sat steadfast and wasn't worried at all by the revolting recital. Sure I'll Marry Him—Miss Horn. .It was without a blush on her facp or a tremor In her voice that .Miss Horn answered the questions of Col. Atchison as he ronductod the cross- examination and the queries of Chax. H. Apt, deputy county attorney. In direct xexamlnatlon. "Did you ever promise (o marry Louis Reed?" Col. Atchison askod. "Yes, sir," the witness said. "Are you nnder promise to marry him now?" "Yes. sir." "Did you contract to come to Kansas and marry him?" "Yes, sir, that, was the understanding." "Your mother knew of your relations with Louis Reed?" "She did." "^Tiy did you leave home?"' "Because I wasn't treated right." Then Col. Atchison wanted to know the attitude of Miss Horn concemins the contemplated establishment of household In Bassett. "When Reed asked you to go to live In Bassett, were vou willing to go?" Miss Horn said that .she didn't Icnow anything about Bassett, that Reed had told her he would send a cab and take her to the cement town and that she thought that "cement" was the name of a hotel. "Well, why did you say that you would go to live with Reed?" "Because he wanted me to and because I wanted to do so." "What did you do while vou lived In Wiagoner, Oklahoma?" "I worked out after school hours." "Did Louis Reed come to sne von," "Yes. sir." "How often ?•• "Oh, every few days." "And with your mother's consent?" "Yes. sir." "Did Reed give you any money with which to come to lola?" "Yes, sir, I had when 1 started. Louis gave me |4." "Does your mother know whert! yoti are?' i \ "No, sir, I told her I was going away but she didn't believe me." Mother Changed Her Mind. When the state began the Introduction of testimony, Col. Atchison Interposed a demurrer on the ground that the Information against Reed contained no allegations of offense committed against the laws of Kansas. Judge Koust overruled the demurrer and Miss Horn was called to the witness stand. "/ am flfl.-pn years old," she said, "and I camif to lola two weeks ago. I've known Ixiuis Reed for more than a year and my relations with talm have been Illicit. I wrote to him and he wrote to me sometimes sending money. I have been working as a house maid at several homes In lola. 1 saw Ix>uis need once since he came to lola last Sunday. It was near the post- otBce. <We talked about five minutes and bfi told me that he had secured a room for us In 'cement.' I thought that was a hotel. He said that he would send a cab for me. I said tliat I would go with him." Attorney Apt then showed the witness exhibits A, B, CD, £. being letters written by Reed and the witness. In the letters written by Reed he so- "ticited Miss Horn to come to him and «poke of procuring a place where they - conld live together. The letters were <il «atUM by Kfas Horn. e you hate been in loU you l^Ma wltta needl,. bs^e your "No, sir." Oefore the witness was dismissed, Attorney Apt brought out the fact that thif girl had left home withont her mother's consent, though at first eon- si-iit had been given. Reed it Some SentlmeotJillst. ".Viy dear little darling, you are as Kwoct and pretty as thi roses in Hyde p.-irk. In .Muskogee. Your step Is as light OH a fairy and you are all the world to me," is a sample of the strain III which Ret'd wrote of his white love In a notebook which was confiscated by the pollri'. "I)onnl«. I want to see you so bad. I looUrd for yon today and you did not come, f nm goln? acro.ss the creek to get a pitice and I will send a cab for you." was contained In a letter which Reed had written but failed to mail. It fell Info the hands of the police and foifms the basis of the prosecution of the defendant. Chief of Police William dates and Patrolnien Todd and McAllister are telling the story of the captura of Reed this afternopn. The case will go to the Jury some time this afternoon. The offense with which Reed la charged Is punishable with a sentence of a terra of years In the penitentiary. Reed is a widower, his wife having died some years a0a. 1 FIGHT THEIR TAXES KANSAS NATl'RAL AND K. ('. PIPE LINE CO. I'AY I'NDEH PROTEST. AnORNEYS HERE YESTERDAY THEY TENDERED ABOCT ONE- FIFTH OF 1ST HALF FN PAY.HENT. BY A BELATED BLAST JOSEPH WRIGHT SERIOUSLY INJURED AT PETROLIA YESTERDAY Xahlng a FIgbt to Ever}' ('ounty Through Whirh Their Lhies Ran —Taxes Come In Rapidly. His Right Eye Blown Out and Right Hand Torn Off.—Wild Rumors Followed Explosion. The Chanute Sun says: The unexpected discbarge of a blast, which had failed to explode at the expiration of the usual period, cost Joe Wright, a foreman for the Kansas .Natural Gas company at Petrolla, his right arm and the sight of onQ eye and may result fatally. Believing that thi! blast hud failed to Ignite from file fuse, Wright approached aJid) rollowing out what appears to be a plan for a determined fight on their assessment and taxation in every county through which their lines paiss, the Kansas .Natural Gas company and the Kansas City Pipe Line company yesterday paid half their taxes In Alien county under protest. Hugh P. Brawley, of Independence, one of the ICansas managers of the company, and John Jones of Chanute. called yesterday at the connt.v treasurer's office and tendered alMut one-fifth of the companies' Uxes for the first half, contending that the amount tendered is Ihe proportion of their taxes. The conipanie-s. It la said, claim their faxes have been raised about 400 per cent. They then paid under protest (or tiie Kansas Natural the first half of the taxes or $1689.55 and for the Kansas City Pipe Line company I.ISO.I.Sl. This action is being taken in every county in the state through which the lines cf the comi>anies run. Yesterday these attorneys paid the first half in Krank'.ln county under protest. Taxes are now coiping in rapidly. The balance last night on the county treasurer's books was' $102,627.12: Today the county treasurer's office was filled all day. The usual number of kicks are coming in. This year ihe tax paying season will be one day shorter than u.sual for those who are planning to keep their taxes In I heir Inside i)0cket until Ihe TI^E WEATHER. Horffftst for KsHMNi FHIF lonhrlii and Hitiid«y. Data recorded at local office, V. S. Weaiher Bureau, yesterday, today and a year ago. iNoTemder II. i Yesterday. Yr. Aog 2 p. m 4 p. m 8 p. m 1 10 p. m 12 midnight Maximum temperature. Minimum temperature Precipitation 7 p. m. . 2 a. m 4 a. Ill G a. m 8 a. m 10 a. m 12 noon ... Precipitation 7 a. ni. ,40 40 .44 46 ..'17 42 ..'{3 41 .»() 41 .2» 41 .41 49 .29 25 . 0 !. 0 iday. Yr. Ago .2!) 39 .30 39 .29 39 .28 42 .40 41 .GO 41 . 0 0 CASTRO IS ANGRY VENEZrELAN DOES NOT LIKE WAY FKE.NCH TREAT HI.V. HAS MADE NO ADVANCES REMAINS HOCSKD IP I> AP.IRT- MENTS AT BORDEACX. FOUST SUSTAINED SIPHEME COl'RT PASSES BARNES LAW APPEAL ON THE UW IS INOPERATIVE COL. COX 18 HCRE. Noted Salvation Army Worker Will Spealt Tonight and Tomorrow Morning and Afternoon. HELD THAT IS ML'ST RECEIVE MAJORITY OF ALL VOTES CAST. Drcislon of .Much Inipoitanee All Over the State—.Separate Schools for White and Colored Children. Has Seen no Frenchmen and Only^ a Few of HIN CoutttO'men Since |{l!4 Arrival. ParLs. Dec. 12.—President Castro of Venezuela who arrived In this ,clty yesterday from Bordeaux had mad^ nu official advances to the French government up to noon today. He Is rep- reijented as furiously angry at the manner in which Jhe governmeni is r;celvlng him In 4'runce. Since his arrival In Purls he has remained shut ' ~\ • ; , w , . .i .„i'"''*' ''"•'^ Brace ext )lreK. and then' peered down Into the hole.Just as the i ^^y ,„ ^^^^^ ^^ ^^^^^ ^^^^^^ and "P In his apartments In Ihe hotel as heavy rh:ir«e of clant powder explod-'voij n.^ penalty that attaches to Ihelcosely as though he were a prisoner .-.I. producing a fracture at the basel,axe» ibaf are noi paid pv December ai.i barring a few members of Vene- of the brain, mangling his forearm .jWi. That day ihls year is Satuidav y.iielan colony, he has seen nobody and almost burying hira beneatn a ,hat the first half of the taxes fori .shower of heavy rock.s. The accident loos are due on Saliirdav. the 19. and occurred about 9 o'clock and the Kan-;,hat will be Ihe la.st day on which ihelCCT ACiniT OrPDrC sas Natural employes hastily summon-jiaxes can be paid without the pemiltviOC I AOIUL ULUIILC ed two Chanute physicians and lhe'a„api,ing ' vbwiibk ambulance of F. S. Wilson. Wright' BY FINGER PRINTS I Mm. Ellen Elmendorf Brings Action t« Make Nnll and Yoid Divorce Se- eureii by Hn .Hbaod. (Register .Special) Topeka, Kas., Dec. 12.—The Kansas state supreme court this afternoon affirmed the decision of Oscar Foust, judge of the Allen county district court, in the appeal of the Allen county schools and the Barnes high school law. The gist of the supreme court's opinion is that the'"law must receive a majority of all the votes "cast at the election at which the law is submitted for pas.sage." \Wien the Barnes law was submitted In Al'en county, the proposition received a majority of all the votes cast on that law, but not a majority of the votes cast In the election. However, operations of high schools under Ihe Barnes law was begun In this coun ty. Then an opinion issued from the county attorney 's office declared that the iaw had not been legally passed and the county commissioners refused to make the levy as provided for in the law. The high school boards brought mandamus proceedings to compel the commissioners to make the levy. County Superintendent Mrs. Funston having refused to order them to do so. Judge Foust dismissed the was brought directly to Chanute and this afternoon is undergoing an op-' eration. The attending physician does not hold forth much encourace-i ment for his ultimate recovery. He Claiming that she had never been V„„K ,.OUC. .>....,.V.>-0 „„.„.. TO TR VCE Ml-RDEREH. * ^''^f Elweniort _ g^hools maintained. • Ml nvr.nr.H. brought an action in district court today to set ns'de the judgment and decree Lccurec by her husband, J. H. era declaring that the law was Inoperative In Allen county because It had not received a majority of all the votes cast at Ihe election. The decision of the supreme court sustains Judge PouKi In his opinion. The decision Is an important one as It affects many counties In the state where the same question is being considered.. Separate Schools for Whites. The supreme court also handed down an opinion declaring that separate schools for white children may be maintained in the state of Kansas but held that negro schools must be just as well built, equipped, and managed, as the schools for white children. The decision was given In the matter of an appeal of a colored man of Parsons. Labette county, wherein the appellant sought to have the public •• children. Colonel Blanche B. Cox, of the Salvation Army, will give her famous lecture on the Holy i^nd tonight in the Army hail at Madison avenue and Walnut street.! A small admission will be charged. The lecture will be Illustrated with ihore than one hundred views taken by Col. Cox on her trip through the Holy land. Tomorrow morning Col. Cox will preach In the Methodist church. Tomorrow afternoon" at 3 o'clock there will be a mass meeting in the Grand theatre which will be addressed by the Colonel. Judge Oscar Foust will be chairman of the meeting and mu sic will be furnished by the W. O. W. band. At all of these meetings. Adjutant Kceler, an accomplished musician, will be present and give musical selections. Much interest in the meetings is manifested and they will be attended by large crowds. CAN'T OPEN IBOXK SUPREME rOUBT BEFUSBD WRIT CONCERNING lifTAIIDOTTE TOTE. SENATOR GETTY FILED SUIT IS CONTESTING VOTE FOB PLACE IN KANSAS SENATE. GAVE N. JACKSON $1. JURY CONSUMED MANY HOI'BS IN ARRIVES AT VERDICT. Queiition ns to Whether Officer Had Csed Dne Cantiou in Searching Prisoners in Calaboose. Had Asked for Writ of Mlasduiu to Have County Clerk Open the BaHot Boxes. . . It took the jury about twelve hours to decide that Nathan Jackson, the old colored man of Humboidt, was entitled to recover $1 damages from .Mart Benson, the Humboldt city marshal, for personal Injuries. The jury retired shortly after dinner yesterday Moceed "ng8"TgYinsrt1ie "coi^mrMlon-r"n continued their deilberatlond un- es of rock being blown , through the skull and Into the brain tissues. These 'njuries alone are li-, able to result in meningitis. If the in- j jured man's svstem is able to with- ijojj. „f Vonng Woman Victim Found Elmendorf December 29th. 1887. stand the shock of the operation_on j ^^^^^^^^ ^ ^.^^^^^^ • • • his arm and eye. His left eye v.as enticliated: and his right arm amputated just below the elbow by the rompanv surgeon this afternoon at 1:30 o'clock. At 3 o'clock he had not vet reeovered consciousness. Apartment. In her petition she states that summons was issued for her but was nev- ! er served upon her. She further de' Clares that W. A. Chogulll filed a pre- I tended answer to the petition for her. ; he pretending to act as her attorney. ..^^ New York. Dec. 12.—With only the Her first knowledge she says that she Wright, in company with other em- bloody finger prints of the murderer had been sued for divorce was in 1900 ploves was blasting out large to assist them, the police are today or 190! when she wrote to the De- stones from the Petrolla quarry for scouring the city for some trace of the' jmrfinent of the interior regarding a use in foundations and to build a man who committed what now ap|>ears penHioii lor iierself In her declining dam around the pumplne plant. He to be one of the most baffling crimes years. !:na was (heii informed that the had waited the usual time for this i,| the city's criminal history. His, defeadunt vluimed to l>e divorced. He particular blast to explode, and, uiKjn ^ victim, a young woman whose body i was tli »-ii oii inmate of an old soldier;^' its failure to do .so. iapproached can- was found last night in a padlocked I home at Danville, ill. In 1901 she tlously to make an investigation. Just and barricaded aparinient at 337 Kast. s:iys xiie einployeij C. R. Gard to logk as he reached the charge It exploded. Klevenlh street, has not yet been idea'after her hiiit lo set aside Ihe decree lieltiu!.' him with huge rocks, tearinn: tified and u thorough search of Iholjuil Hint lie filed a motion to that end, iiwav the flesh from his forearm, and rooms hqd revealed nothing which but that iie l.'^ter went ou( of the case. ^ill aid lh« (Mjlice In their ta.«k. j s-he ihuu emiikylug Kou.st ft.Sou and .McCIiiiii, V hirli rirm filed a second motion. .N'otice wasr served upon thede fendant at Danville bui fur some reason WAS WEGGENS PAL? IIW disfiguring his face. B<-ing unable to secure the eoin- panv surpeon. two other nhysiclans weri" summoned, reaching the side ot. WHO KNOWS O. A. ALLEN7 MAN WHO VISITED HAWLEY HOME BELIEVED TO BE A BAD ONE. Left His Team. Then Mystcrion.sly Disappeared—Ho Answers Deserlp- Hon <'lo»eIy. the injured man within an hour. The" Knights of Pythias Hear That He la ilie motion was not heard In this con- ambulance arrived shortly after, atid Very III. | n-'.-tion she .a .vs that the attorneys .Tfter Ihe .npplicallon of a few "flrKt >^ i;i,'^W< hearlim aiid il:it her husb.nnd nbseni- i .rouBbf to th." hospital here. Wrleh.''KnVs"ht"s orP .vlhias'of 'this city from ^'1 !!.".*^':';l.',!ir. aid" l.aiid.iges. the injured innn wa;i^ Word has been received by the Wa.s the man who came to the home of .Mr. and Mrs. C. J. Hawley, a few miles soiith of lola day before Thanksgiving and left a team and then went away, the fellow who was caught with Policeman Weggen of Parsons, In a corn field near Columbus, a few days ago. or was he some other person? This is u question which the officers for her husband faileilio appear at the ""•'^''"'^ '° solve today. This after• ' - .—. .,1 noon .Mrs. Hawley came into the sheriff's ofllce and stated that on the mom forniirlv lived In rhanute. but his the society at Biishell. 111., that .Mr. O. nioMuii was renewed in the Sed'.?wlck horn.' f>'ln North Grant avenu.«. was A . ^llen was very sick in Bushell and couiily court Seplenil»'r. 190fi. and burned ."evcral weeks ago, and hn ,j,at there were no hopes for his rt- heard In December. IHII 7. l.y .liidge then took Ills family to Peirolla. He covery/l'here seems lo be a mistake W'ilMni who to<jk It under ndvi.semeni is a man of about 10 years of nee ,„ ,he name. Local knights say O. A. unMI .M.-iieh I((, l!/0K, «nen he ovet- and has a wife and two children. He y ^np^ known here. P. F. Allen ruled li. has been In tli.- eninloy of the )ia>* ^-aa a member but he is supposed to Mrr. KIniendorf says she has never company for monj than a year and j„ chleako. So one seems to know had her day In emirt but that In her has always been oonrildereil a criii- o \ Allen. ' \ defense »li'.> can prove she tloiis man around the quarries. i When the report of the ac.-lden reached Chanute It was exacperate- til nearly four o'clock this morning before they were able to agree, it Is said that during most of their dellber- atlo.ns the jurors stood nine for the plaintiff and three for the defendant. However, there was a difference among them as to the amauni of dan>- ages the plaintiff should have. The largest amount suggested is said to have been |r>00. The clrcunistances of the case have, bein repeated often In the press. The trial grew out of Jackson's arrest by Benron a year or two ago for fighting. With Jackson, one or two other colored men were arrested. Benson put them in jail. \Vh\\e there several ether colored men came to the-jail to visit the prisoners. They were admitted. A hurry-up call then came for Benson and he locked the doors on the bunch and went away. A fight fol lowed among the inmates and Jackson was badly bruised and cut up and is today wearing the scars and marks of Che battle. Then,the old man brought suit for $10,000 against the city of Humboldt and Benson. Later the case was dis missed so far as the city was concerned, leaving Benson the only defendant. Jackson claimed the officer had been negligent In jot searching the prisoners more carefulI.v. Benson maintained that he had used all due caution In the matter. One of the jurors said that the juo' seemed to think that Benson might jicssibly have been a little negligent but not enough to warrant them in giving a heavy judgment against him. .Moreover he thought another thing in favor of the marshal was that Jackson had a rejiutation as a fighter. Mrs. Phelps Here. Mrs. Joe Phelps of Kansas City, Is a guest of Mrs. J. M. Stewart. In New Quarters. The moving from the old school house Into the new one took place last Friday and Saturday, and the teachers and scholars are now com? fortably housed In their new quarters The new seats had not arrived at th^ l!r /"„rL ^^Zertt "rf :%l ^Ta;sJ!- used until they arrive which may had no M. W. A, INITIATES ONE. know I aguiiiHi his team of ponies there a few day He said he was a peddler and.would bt! in that vicinity several days. The next day he got Hawley to drive him pan way to Humboldt where he said he would have M remain until the following Saturday or Sunday when he would return. That was the last seen read the Policeman nedge of the case llien pendln^^ „„„ " j,,^ „»^,py __.ji«t he. ;ir.«. thai W.. A. Chogulll „f _.. ( was not au'hor!-/ed to act for her. She ^regven and his companloii at Coliim- , alpo denies th.- allegations in the pe- ^.^o came to tltion on wh:ch her husband aeeured ". .u. ........... , Ihe dlvoiii Injnclud.. a .llsasfrous L -as explosion j.o„,„lttee Appointed to Consider which wrecked Ihe machinery of the ay.i^^ plant and Injured a numl>er of em-j ' plo.ves In the oncine room. ) j.aft .evening the .Modern'Wowlnian' .— L.l^ TTBe-itT ^-^L :sr !^tn\n ^rhe "^ate^'^^^ WAT ONE WEEK Miss Florence l^dbetter. of Par.on-, mmatory work was put on by the who won the rst prize at the high ^^^^ ,„ ^ , g,y,e ^ committee' . jichool musicn of three consisting of Messrs. Aush- Frisco Jadge Will Tell Ruef His sing at the Junior entertainment to Cowan and Forrest, was ap- Judgi-ment on Saturday be given about the hol.days-Ft. Scott p„,„t„^ ^^ p.^p^^ ^ hy.,^^ ,ookJ„g * Decemt^r ^wnroay Republican^ (toward putting the foresters team on{ san branclsco, bee. 12.—The pro- pay for floor work. There will be nouncing of the sentence of Abraham '. • a A n «>aM ritualistic work now every meeting Ruef who was convicted of bribery I M'BRIDE IS DEAD°"" their house answers the latter's des- erltition c'oxely. Sheriff Bollinger will write to Parsons ^M^^f °«I the letter and even went a little fur- lo learn more of the description ori^^ ^ „,„ ,„ i .i,„„,,„,i„ ,^„„„. be any time. The new building is certainly conveniently arranged and Is a credit to the town and district afiid should be a source of pfide to our peop'e. Much of the credit of the ar- rangenifMit of the tiiiildliig should be civeh to our efficient school bo.ird and Prof. French who have spared no pains 111 making the biilidiug a model one for school purposes. We also wish to say n word for Mr. Haynes, the contractor, who had full supervision over the construction of the building. He has fulfilled his contract to Ihe man under arrest there with Weggen. AUDITORIUM TEAM WON. Defeated the Fast Yates Center Team In a Close Game. I/" First S«>«retarT nf the" ToRed Mine Workers' VIetfni of Pnea^ •onla. _. . The lola Auditorium Basket Bail has been iiostponed by Superior Judge team returned f.-om Yates Center last l.awler today until next Saturda.v, night victors over the fast Yates Cen- December ISih. ,ter team. The game was played In the rlnji there and resulted in a score ^ . ^. • LOST—Ladles' go.'d watch fob. of 27 to 23 which is a remarkably the Peerless Princesa is less bibuloua phone 628. . , score. The Yates Center team will be and virtnouB than she. has recently] brought here soon after the holidays. Mrs. L. W. Mayberry to TaUt.. It Is also poasible that the Baker Uni- Mrs. L. W. Mayberry will give the verslty team will play the Auditorium About "Muskogee." diskogee Red" has moved on to Wichita and there is a suspicion that j claimed lo be.—Hutchinson News^ Enrouta Uj Ma. Mrs. Chaa. L #ne and eblldrea. Ma- Rridgeiwrt: Ohio. Dec. 12 —Pat Me- Bride. first aecreUry of the United .^v??!?^?^ M -lM^ritete ViBit womaB and a cordial iavlUtioo la glvr talk at the Y. W. C. A. tomorrow af- teani here on the 29th of this month, temoon at three o'cloclc Theae in-_ • Y. W. C A. Y, W. C. A. meeting tomorrow after i o'clock. Mrs. L..W. May- ther, and we wish to cheerfully recommend him to any onej wishing his services In the building line.—Elsmore Leader. DECIDE WEDNESDAY Commissioners Will Then Pass on the School Matter.—Finished the Bills. Tcpeka, Kas., Dec 12.—The supreme court today refused a preeAip^- tory writ of mandamus against ibe probate judge and county clerk of Wyandotte county to compel ttiem to open the bailot boxes as asked fbr^by Senator J. F. Getty In his. conteAed.; election case. No reasons were-jglten ^-v^jfil for the decision. ' C • "^roiS^ Getty filed a cohtest against the elee' I lean candidate for^ re-election to the state senate. He was defeated by/Ti. A. Milton, the Democratic candidate. Getty charges fraud and varipus other things in connection with.'th.e' counting of the rotes in his c^ntyir. Getty filed a contest againsihe elec tlon of Milton some time ago, but . . .^.^ when It came to taking of depositions " • it was found that he could proceed no further. It was impossible to show' any irregularities in the ballota fof the reason that the ballots could not be cbtained. The county clerk re| ft sed to open the ballot boxes and the, piobate judge refused to order« him to do 80. Sf?nator Getty showa In the petltlonr filed with the court that in aereral precincts Republican votes were not counted for him; that in other precincts votes for him were cast but not counted and that illegal votes cast for .Milton were counted. In other precincts the judgea refused to count ballots where marks had been made In the circle at the head of ti^e. ticket and then marks made In other p«m of the ballot for candidates for other parties were not cuuBted as the law requires. It also cites the fact'that .Inmany instances sample ballots w«re used instead of the regular -white ballot. • ' , "Some pepole may think I instituted these proceedings on the strength ^of having a Republican senate to pan on them," said Senator Getty yesterday. "This Is not the troth. I will not take the seat in the senate unless it can first be shown that there were gross errors and fraud in the count of the ballots, as certifled by the election canvassers." HELD FOR MUR|IEfl Kansas CRy Officials Woat Let tte R(4lgIoas Fanatics Escape lOe . Law. The Journal savs: Kansas CIty»' :Dec. 12.—Murder in the first dHtreei Is the charge that Xour members of ther- religious fanatics, who shot and Ultad.'' two policemen and a citisen. dorifiir t a Hot Tuesday afternoon, will hare to -. answer in the criminal court. ijUo. ' yesterday afternoon iames Sbwurp,; .Melissa Sharp, Delia Pratt and "WU'^ Ham Engoell were taken betOre-Jne^ -.' t!ce of the Peace Theodore RemlcT and arraigned. ^ The four prisoners were driren ta the justice court In a police amlNK lance, guarded by' twelve policemen.. rUey were later taken to the ootiQtr jail, where they will be held nntU ther are tried. ' . . , After taking the atetement of Jas.-. Sharp, the leader of the band. tS* prosecuting attorney decided to fairid the four on a charge of murder, in the first degree, and place the chlMren . of .Mrs. Pratt under control of the juvenile court. Bdward Flah will be heldv* by the police as a witness. He waa not arraigned because one of the oth^^ er members said he was not of.the same faith, but was aiinply drifting ' down the river i^ith thcifii. Submissive and remorseful, JamiM Sharp made a statement yesterday that is wonderful for Its senaatlonal ^ admissions-. Sharp not only-hitii lost faith in his religion, but in his powera if leadership. The commissioners adjourned last evening after hearing the application of B. B. Stout and others to have their land transferred from the Gas City school district to the LaHlarpe district The commlsstonera will give their decision n«t Wednesday. They tlBiahed the billa and minor mattert ye^tm^. ::m<»inRW..' He Is for "John Doe." Chief Mendenhall says he is not at all opposed to having the real mune of every person arrested reomrded <m the police court records. He MJW there are times when men o(.,;^|gh : standing are In poaiUona to be aftwt* ed .and frequently are and that ptAUe-, Ity of such casM would Hkely. euse' divorce suits, breaking up ol finUltM and cast asperatlons upon manr-iBB0<^: cent people: but.If the people^ vaat; the real names written on the booka'-^ - fsi he says he will be wUUng to see that" the police adhere to this rule. JTli^^ chief was not on duty whi^.tke i ^lS't- stockings' man' was iarres&dP aoti^iiont^^i ago. He did not know of ^ atMMt until the next darand^ dQ€i.«BtJll^ " who the maa-wac-^rt Soiitt'THS«l|«; Deputy

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