The Cincinnati Enquirer from Cincinnati, Ohio • Page 2

and. becoming, temporarily liutst, rushed frantically around until they Tail TThrift ences: Two Different Account. A Quanennaster car en account of his experiences. Hie fee wee blackened, hie betr end beard had been bnntd hie uniform wee in rags and he number of minor injuries. 'X wee on tee bridge and Juet ebout to -ceU tee afternoon roll," be Mid.

"whoa the explosion occurred. I felt myself burUd Into tho air. end few eeeonde later I wee lying oa the Que 7.. I managed to flee end run. I bed no Idee, where I wee going.

An orderly of Reer Admiral Maacer who wee cut. bruleed end. bloodstained. cere the following recital of hie ezpert- "Reer Admiral Maoceron quarters ere above the magazine. I wee to the dining room when the flret hearjr ehock occurred.

The Quart are were et once filled with add fumes end choking smoke. I ruehed to the reer of the Admiral cabin, where he Bet welting hie coffee. I eaw that be wee wounded end shouted to him to run. After that I loet mjr senses and did not regain coneclouanea until the rescuers found me. Captain's Horrible Death.

Captain Vertler occupied a cabin near the after turret, over the msgaxlne. Immedl- ately after the esplosion be triad to get out. but the door of hie cabin wee blocked with debfit. and the only iueans of exit wee Im paeeable. The flame then broke out and Captain Vertler died a horrible death.

After the Are had been estlnguished the rescuers found hie Incinerated body, aa well aa the terribly bsrned bodice of eeveral other officers, who had been caught In the after cabin. Two mldehlpmen were killed outrlaht and the. other attached to the Jena have not yet been accounted for. I ntll a late hour thle afternoon a crowd of enxloue pereona besieged the office of the Maritime Prefect, pet-king the nam of the victim. Finally tl.e official per- aueded these people to disperse, tellln them there waa no chance of learning tne Bamee of the killed' and Injured before to morrow.

Lieutenant Tlerrelln. one of the wounded survivor, le of the opinion that everybody who wa below at the time of the explosion undoubtedly wa asphyxiated by the deadly fumee arlalng from the explosion, particularly from the combustion of powder. Killed By the Missiles. There are to-night a total of ISO wounded" men' being crnl for In the hospital Or In. their.

own home, but in addition a number of people In (he loan were struck by projectiles from the esploslnn. A ivo-jrear-old child wa killed Instantly In the town by oriie of the ml-lle. The fire le now practically out. and ae soon as ths battle ship I free of the deadly fumes, probably some time toajlxht. the work of bringing out the bodies will begin.

The windows of the work ahops around tha wane of tha explosion were all broken. A shell weighing 20 pounds was hurled a quarter of a mile before striking and slnk-. Irig Into the it round. The population of Toulon Is terribly excited. Many of the crew belonged to this place.

Entrance to the arsenal has been forbidden to all but men In uniform. The lerra (or Jena) waa a turret ehlp of 11. (MSI displacement and Ifl horse power. 8hn waa built at lireat. and was completed In The vessel had an armored belt from i to I.V4 Inches of steel, mounted four 12-Inch guns, eight A 4-Inch guns, eight a 9-Inch Kiuta, lti H-lnch guns, and about 2o smaller rapid fire guns.

Her speed wea estimated at over 1H knots, and her crew consisted of 831 officers and men. The Iena waa the flagship of Hear Admiral Manreron. commanding one of thej divisions of the French Mediterranean Squad-run. Captain K. B.

C. Vertler was the chief of staff, and her commander was Captain Adlgard. WARSHIP TOO BIO. The Dreadnoug-ht la Unsatisfactory as To Speed and in Maneuvers. London.

March 12. According to the Chronicle to-day the official accounte the Dreadnought's behavior on her trip to Trinidad are not altogether supported by private letters. The englnea worked well, but the heat In the engine room exceeded anything ever ex perlenced hy those on board. Owing to the great size of the ship Her maneuvering qualities at slow spend were not equal to those of smaller ship. It Is stated thst the big battleship cannot keep her stntlon with reciprocating ships a 20 knots, and that for night maneuvering without ifghte In close formation the ehlp is out of the running.

PILLARS Looked Like Solid Zinc, Ent He Wat Swindled When He Bonjrbt the Missouri Mine, De clares Frank Rockefeller. St. Louis. March 12 Frank Rocke feller, of Cleveland, Ohio, brother of John X). Rockefeller, resumed the wltneee eland to-day In his suit In the Circuit Court against Henry Ooss for the restitution of spent by Rockefeller for a sine 'mine In Southwest Missouri.

Mr. Rockefeller suid that he Inspected the mine previous to -buying It- "I went down in a he said, "and my attention was constantly called to bodies of ore. in the center room of the mine was a pillar that appeared to be practically solid sine i ore. The walls of the room had the same appearance. The lights carried by the party made It.

look like one great crystal palace. The floor seemed to be of solid ore." Rockefeller allesed' he was Induced i through misrepresentation to buy the mine, (and will endeavor to show that the "crystal palace' effects witnessed by him did not faithfully portray the worth of the deposit oee. He said he paid for the mine 'and spent StU.000 in Improvements. Iurlng the testimony the condition of Rockefeller finances waa brought, out on croee-eaamlnation. and with a laugh Mr.

Rockefeller said: "I'm busted." to this answer Mr. Rockefeller was asked by Attorney lay lor. lor tne uerenee. Standard' Oil connections and hie on the stovk market. Tou were formerly Identified with the Standard Oil In this, were you not" asked Attorney Taylor.

"lrlor to Je7 1 was." "And you have dealt In stocks and bond 1 7" "Tee. I have." "Are you doing It now?" "No; 1 am busted." said Rockefeller. The reply created general snd a mile went around. Mr. Rockefeller himself Indulging.

APRONS WERE DONNED By Swell Club Members of Chicago To Thwart tha Waiters. Chicago. March 11 The Commercial Club of Chicago gave a banquet to-night at which Governor Deneen waa the guest of honor, and the club members served the banquet In person, rather than submit to the extortionate demands for an increased wage by the waiters. The younger element In the club donned aprons and acted its waiters. Although the dinner waa delayed half aa hoer.

the affair was pronounced a success and the members feel jubilant over what they consider a defeat of the high-handed methods, attempted by the waiters. THE OWN ON THE SAW. rare nni axgciaca. W. starch IX Nestor Shaffer.

was Instantly killed to-day at Of Writing Improper Letters, For Which She Is Tried. SaDiational Statement? Ara Made 7 filra. Feicht. Who Testified In Her Own Behalf tscial oisraTca To III Bxqt-tsss. Cleveland.

Ohio. March 12 The trial of Mrs. Mary Feicht. of Canton, on the charge sending obacene letters to prominent people of her city, le attracting nearly as much attention as did Cassie Chad wick trlsl. More than a hundred of Canton's richest people, the majority of them women.

garbed In the latest gowns, are in attend ance and many of them will give testimony. The sensation of the day was the testi mony of the accused woman, who said that he believed, Mrs. Maud Glbbe Payler, daughter of John Oibbs. the millionaire manufacturer of Canton, had written the letters, whose authorship Is charged galnet her. Mrs.

Payler burst Into laughter when she heard this statement. Mrs. Feicht admitted buying 25 stamps that had been marked, but denied that she used any of them. 6he then related how roughly Poetomce Inspector Owen and Postmaster Clark, of Canton, had handled her Just prior to arresting her. Bhe said that when they accused her of sending the letters, she not only 'dented the-charge, but Invited them to her home, where, she said she had the stamps that had been marked.

Bhe testified that Owen and Clark shoved her to one side and searched the sideboard and took the stamps. Clark shoved her around arid knocked the receiver from her hand when she tried to telephone her husband, she testified. Lit. W. A.

McConkey, whose name was attached to the letters. Post office Inspector Owen and Postmaster Clark were also on the stand. The latter two told about marking poatage stamps sold to Mrs. Pelcht end finding them on obscene letters at the Canton post office. They said that Mrs.

Feicht denied mailing them, saying that she had all of the marked etampe at her house, but when they accompanied her home she refused to even show them the stamps In question. Then they arrested her. Mrs. Feloht'a attorney, John C. Welty, In cross-examining Dr.

McConkey tried to show that he had taken Mrs. Payler out driving, but the Court sustained District Attorney Sullivan's objection to this line of questioning. W. A. Drake, a handwriting expert, called by the Government, was In Court this morning, but disappeared thi afternoon.

Sullivan explained his sudden departure by saying that evidently Drake thought his services were not desired. CHIEF EDITOR Of the Chicago Tribune Sells His Holdings To Medill McCormick. se sc. ACDiaPATCa to tbi z-Kgciaza. Chicago.

111.. March 12. Robert W. Pat terson, editor In chief of the Chicago Tribune, and son-in-law of the late Joseph Medill. has parted with his personal hold Ings- In the Tribune to Medill McCormick, business manager of the Tribune, and son of Robert R.

McCormick. former Ambus sailor to Russia and France. Mr. Patter wno has been abroad all winter, re turned to-day. and Is at the Auditorium Annex.

He says that It Is his desire to retire from active newspaper responsibility snd that possibly this may be arranged in the near future. It Is not determined what changes In the editorial and business policy of the Tribune. If any. will follow Mr. Patterson's retire ment from the chief managerial position.

Mr. McCormick becomes one of the direct proprietors of the Tribune. He also owns the Cleveland Leader. ENRAGED BULL And Horse Fought a Dpsrato Bat tie, Bo: lhe Equine Was Liter ally Crushed To Death srsciai. pisrarca To tbi stgciBsa.

Oreenaburg. March 12V A furious battle between a Jersey bull and a horse took place on the farm of Frank Bobbins. lust south of this city, to-day. Both animals were in the same lncloeure The which had never before displayed viclousness. suddenly charged the horse.

The latter fought back with fore and hind- legs, as well as teeth, but finally was forced Into a fence corner, where It was literally crushed to death by the bulL Aaron Rob-bios and farmhands, who. with pitchforks. drove the victor Into a barn, narrowly es caped with their Uvea. FOUR DEFENDANTS In the Suit Against Krs. Eddy Sex-red With the Papers.

Boeton. March 12. Service was made to day upon the four Boston defendants In the accounting suit brought against the direc tors and trustees of the Christian Science Church in behalf of Mrs. Mary Baker G. Eddy.

These, defendants Include-! Alfred Farlow. director of the publication enter prises of the church: Ira O. Knapp, William J. Johnson and Joseph Armstrong. In each case the senriee waa officially accepted.

JAMESTOWN STAMPS. Washington, March 12. The Postmaster- General to-day decided to add a flve-cent stamp to the oaea and twos already determined upon to constitute he conunemora- the Olasacock mill near He was oper- Uoa series for the Jemsetowa Tercentennial sting a combination saw. The belt became Exposition- The five-cent stamp will bear detached from the pulley, and he was I a likeness of the head of Pocahontas, print thrown oa the saw. In blue.

bribery; Nelson Cannon, six Indictments for bribery; Arthur Beck, six Indictments for accepting bribes; Fred J. ImneL two indictments for accepting bribes; Arthur A. six Indictments for accepting bribes; Alfred A. gchumaker. four Indict ments for accepting bribes; Fred Lied, three Indictments for accepting bribes Charles Burr, six Indictments, one for receiving a bribe and five for purchasing goods aa a city official from a firm In which he waa Interested; K.

Stanley Rhoadea, one Indictment for bribery; John W. Johnson writing a letter with the Intent to Influence a Court, and lavaon K. Emerson, embex- zlement; Edward Moriarity, embezzlement. and Charles Irwin, embezzlement. All of the trouble the others are In Is centered about Bramley.

For a couple of years he has been able to secure the bulk of the contracts for paving the streets of this city, and it was upon his Broad-street work, completed last summer, that most of the indictments are based, although some of the true bills show that bribes were accepted on other work of minor Importance, Lang and Cannon were in his employ, snd It 1 "these that seem to have placed the most of the money. Cannon was the local bookkeeper. Started With Cannon. The work of Investigating ugly rumors was begun upon Cannon. He was found to be tractable, and after some coaxing, as well as Intimidation.

It Is said, he decided to tell all he knew, claiming that he was a preacher's son and that he could, no longer stand the worrtment he endured because he had corrupted others. He knew positively, he said, that the Boajrd of Service could be purchased, for he had done it himself, he said. A careful watch was placed over him. and every movement noted. About one month ago he was taken to the office of City Solicitor George Marshall In the dead of njght 'jnade a full confession of what he haj done, and what he said he knew of others.

In this confession he Implicated Immel, Burr and Lied, the three members of the Board of Public Service, as well as Lang, Bramley and Rhoades. He attempted to show that money had been used In the Broad street asphalt contract, and that It was handed out In bunches of $1,000. His confession when made publlo turned the city upside down. The activity of those who prepared the plans to cause Cannon to "cough" was not allowed to slacken. The minor officials and employes at the City Hall were hustled in and asked for confirmation of tales of corruption as told by Cannon.

Arthur A. Beck waa the Assistant City Engineer. He was the first to take off the lid, and gave out, after his resignation, how he had taken money at odd times from Cannon and Lang on different contracts In amounts varying from SW to $50 for keeping his back turned while crooked work was going on and forgettlna at times to make the proper report on the number of square yards of paving completed. Shumaker Next in Line. Next In line to confirm was Shumaker.

who was an Inspector, and he. too. gave out damaging statements. It was mostly upon the evidence of these three persons that the indictments were found. Bramley and Lang and the member of the Board of Service denied emphatically that they had ever given or received a cent.

Rhoades, who was also indicfed. was Implicated In the alleged corruption In having given $2,000 to Charles Burr, of the board. Bramley and Lang, according to the story of Cannon, had "fixed" Lied and Immel. Rhoades Is the local manager of the American Sewer Pipe Company, and Cannon alleged that he made the offer to Burr because of his old friendship, and was willing to turn his hand for Bramley because the contractor purchased his products on the various contracts. When affidavits were sworn out for those Impli cated they pleaded not guilty, and all but Lang and Bramley were bound over to the grand Jury.

The grand Jury took Its. time In Investi gating the cases, aa the seseion covered period of nearly three weeks and almost a hundred witnesses were subpoenaed This Included nearly every ban kef in the city, their presence being desired, it is said. to ascertain book accounts, as well as marked money, which Is eaid to have passed through one financial Institution. Immel First To Arrive, As soon as it became public that the grand Jury had reported. Director Immel was the first to make bis appearance and was released on a bond of M.OOU.

Beck waa next to be given his freedom on a like security, while Schumaker followed with a bond of only fttuo. the reason assigned for this being that he will be a principal witness for the state. Bramieys bond was fixed at S21.00Q and that of Lang at J16.0UO. Cannon was al lowed his freedom on a bond of S12.0U) and Rhoadea's bond was placed at $3,000. All of these were given almost Immediately, while Director Lied waited until after supper hour, on account of the absence of an agent of a bonding company, when he' signed for S8.0OO.

Director Burr could not be found In the day and had not been at the City HalL 8oroe surprises are to be sprung when the accused are arraigned to-morrow. Charles Irwin, charged with embezzle ment. Is the only one of the city officials Indicted who was sent to Jail in lieu of a bond, which was fixed at $1,900. He waa Chief Clerk In the Justice's Court, and confessed to having taken about For years he was well known in the drug busi ness before he entered politics. Kd ward Mortality was Secretary of the Board of Health, and.

according to his acknowledg ment, took from the funds about asx Mort ality waa formerly a mail carrier. At a late hour he bad not been captured, and it la. believed he left the city several days sgo. but the authorities believe that this story was circulated to throw them off the track. INTO A CELL Ex-Clerk Emerson Was Cast Arrest of Johnson Ordered, Too.

Columbus. Ohio. March 12. La arson E. Emerson, former Clerk of the Supreme Court, and i.

W. Johnson, present State Supervisor of Public Printing, were Indicted by the grand Jury of this county to-day. the former tor alleged embesslenaent and the last aamed oa a charge that he wrote a letter to the Judges oX the Circuit Court THE EXQITTBB. CnTCIN'NATI. irEDiTCSDAY, 13, 1D07.

EXPLOSION WRECKS FRENCH WARSHIP. 'V- 7 a ii rrn -i- ML- Battle ship Iena, of tho French Nary, which was blown to pieces In tie) harbor of Toulon ystcrdav.Zar craw ACCUSED Daughter of Millionaire i shared her fata. WRIGGLING. CONTXNTTED FB03C ZTBST PAGE. suit which had been brought against him by his predecoesor, Mark Slater, for the possession of his office.

At 11:30 o'clock to-night Emerson, ac companied by- his attorney, John E. Sater, appeared at the Courthouse and surren dered himself. After waiting for some time in vain for a promised bondsman, the disgraced state officer announced that be wae ready to go to a cell. In the company of a Deputy Sheriff he was taken across the bridge to the County Jail, where he was locked up for the night beside former Chief Clerk Charles Irwin, of the General Magistrates' Court, who, like himself, had been Indicted for aliased embezzlement of fees. He bore himself firmly, but It was easily dlscernable that he keenly felt his complete abandonment by those who.

bad been his political and social friends but few short weeks ago. Some months ago Johnson was Indicted for the same offense, but the Indictment was thrown out by the Court of Common Pleas. Emerson is charged with the embez zlement of the fees of his office while Clerk. His removal, or. rather, the forcing of his resignation, by the Judges of the Supreme Court some weeks ago Is still fresh In the public mind.

He "has settled with the state, through his attorney, paying In $3,130 00. which had been found due by the examiners appointed by State Auditor Gullbert. While the Indictment was not surprising, yet many believed that no prosecution would follow his voluntary return of the money, with the accompanying explanation that he had been ready at all times to settle provided that ae was made aware of the amount claimed. It was not until after he had returned the money that the grand Jury summoned the witnesses who furnished the testimony upon which the indictment waa found. These were his successor in office, Joseph G.

Ober- myre, of Cincinnati, and the examiners who checked up his books. 1 Shortly before the Jury reported. Judge Dillon, of the Common Pleas Court, dismissed the suit for divorce and alimony, which had been filed against him last summer. The Court explained that he did this at the request of Mrs. Emerson, who has become reconciled to her husband and Is loyally supporting him In his present unpleasant predicament.

I She has been In the city only-once since her separation from her husband, the occasion being to plead with the Judges of the Supreme Court not to use any harsh measures toward him. As already stated, this mission was In vain, as he was forced to resign the next day. The same 111 suc cess followed the efforts of his friends to prevent prosecution by the state authorities and he must now stand trial for his liberty. The offense charged against Supervisor Johnson Is only a misdemeanor, but, if found guilty, he is sure to be removed from office by Governor Harris. Upon being not! fled of his second Indictment, Johnson at once went to the courthouse and furnished bond for his appearance.

DISCREPANCIES Reported in Lawsan Emerson's Accounts Aggregate 05. racial. Diirtrci to thi axqcisss. Columbus. March X2.

The examiners from tne State Auditor's office, who were detailed to Investigate the books of Law-son E. Emerson, former Clerk of the Su-perme Court, reported to-day showing that the total discrepancies amount to In addition to $3,151 05 turned into the treasury by Attorney John E. Sater yester day, a further report shows that there was due Emerson's successor, Joseph G. Ober- myre. $327 tX for publishing briefs and records which had been advanced, while It was discovered that $27 45 Is the amount ofexcflj on estimates for the same, which will i.ave to be returned to the proper per sons, or those who gave the orders for the printing.

It was this that delayed the report. for it was necessary to ascertain whether or not excesses had been paid back. Th whole amount of fees from petitions, and motions covering the period in the exam! nation amounted to $15,742. In that time there was paid to Court Reporter E. O.

Randall. for unreported cases at $3 each: the compensation to the clerk under Section 44 was and the whole amount turned into the State Treasury, ac cording to reports each quarter, was $6,474, including the $3,151 05 paid In yesterday. Samuel F. Hudson, a member of the Bu reau of Public Accounting, said to-day that a radical system would be installed in the office which would have "sclrne style to it. along lines suggested by J.

G. obermyre. present Clerk. That says that 1 tne future his deputies, each of whom handles money will have to make reports to him every two weeks as to how the cash stands. FARMERS' UNION Indorsed the Stationary Firemen of Ohio Hamilton News.

srscti. msrAToa to tsb sKqciBaa. Hamilton. Ohio. March 12.

Ths conven tion of the Stationary Firemen or Ohio. In session In this city, this afternoon passed a resolution Indorsing the American Society of Equity, commonly known as the Farmers' Union, its object being to give tne rarmer a better price for his produce and also to eliminate the commission men. The Farmers" Union now haa a member ship of VU.0U0 in the United States. Re lutions were also passed Indorsing the state movement for the prevention of tubercu oats and favoring the proposed hill la the Ohio Legislature to -license all stationary firemen. The meeting closes to-morrow with the election of officers.

Twenty dele gates from Ohio are present. The charge of burglary was drooped against Kobert Mcllhenny. of Delaware Ohio, on trial In the Common Pleas Coart this afternoon, and Judge Gard ordered the case to proceed on the indictment of lar ceny alone. Mcllhenny is charged with breaking Into a Big Four freiaht car aiiaaietown last October. He claims he found the car open and was in the act of closing the door when a Middletewn po liceman arrested aim.

The jury found McDhenny guilty, accord ing to the Judge's Instructions, and he was fined VTO for taking ST so worth of goods. AS LN VL1, TtJjrS STOSY. araciAI. susraTca re Taa BseciBam. Dayton.

Ohio. March 12. Mrs. Louise Easter and her daughter. Mra Jennie Caiiley.

it la said, have received a letter from W. H- Johnson, who claims to be the inventor of aa air motor, stating that he haa sold his patent rights for fabulous sums, and that for S2UO they advanced htm they will now receive SX.OOU. He told then that persons at Hillaboro. Ohio, helped him to the extent of Sluo each Hia letter says that a factory to make his motors la calculated le Influence their derision in the being erected Cumberland. Jad.

exclusion. STATE VOTE On Jap Labor Exclusion IWcBld Ilimper AdmIiistrtio Prtjtets, Wrtte Bserelt In Response To a Query Sen By California Governor. Gillett Traisaiti Hit Carrtipsideiee Witfc tie Pretjdcat tke Legislatare- Sacramento. CaL, March 12. Shortly be fore the adjournment of the Legislature to day Governor Gillett transmitted the fol lowing telegraphic correspondence on the Japsneee question between himself and President Roosevelt: "The Assembly of the State of California: I have the honor to advise your honor able body -that yesterday 1 forwarded to the President of the United States a tele gram of which the following is a copy: 'A bill is now pending in our Legislature to submit to the vote two years from noer tha question as to whether or not Japanese labor shall be excluded from this country.

Will the passage of this bill Interfere with any of your plans or make It more difficult for you to accomplish that which you have undertaken to do in the way of Japanese exclusion? Please answer at once, as our Legislature is desirous of knowing concern lng it." In reply to this telegram I received from the President the following message: I thank you for your kind and prompt attention to my request. Passage of a bill for submission to voters of California whether Japanese laborers shall be ex eluded would interfere with my plans and make It more difficult for me to accomplish through the National Government what am trying to do in the way of Japanese labor exclusion. WOULD M1 KBQOTI4TIONS. The assumption of power by the voters of California to settle this question, if as sented to by the National Government. would Immediately end all my negotiations with Japan for friendly adjustment, be cause to negotiate a settlement we must iiave power to settle, while on the other hand California cannot negotiate a treaty under the constitution, 'It Is, however, perfectly clear that under the constitution only the National Government can settle the question of ex clusion and such a vote of California Is proposed would have to be treated bs entirely nugatory, while It would probably be regarded by those opposed to exclusion in attempt to Ignore the constitutional power of the United States and exclude Japanese In defiance of their treaty rights to come In.

I earnestly deprecate the passage of any legislation affecting the Japanese. The National Government now has the matter In hand and can in all human probability secure the results that California desires while at the same time preserving unbroken the friendly relations between the United States and Japan. state's interests at heart. I have the interest California most deeply at heart. I shall strive to accomplish for California, as fur other states or sections of the country, everything that can conserve its honor and Its interests.

And such action as that you mention would merely hamper the National Government in the effort to secure for California what only the National Government can secure. 'Theodore I understand It is not the Intention of the Legislature to pass at, this session any measure whatever affecting the Japanese. I believe this, to be excellent Judgment on the part of the Legislature, because to do so, bs suggested by, the rreeiaeni. might interfere with and hamper the National Government in making the proper treaties with Japan and bringing about the result which California desires, to wit: Japanese I forward this message of the Presl dent to you because I desire that you shal know before adjournment the views en tertalned by him at this time upon this ail Important question." Sue ORPHANS Of the Slain Dr. Cox the Harrises and Sheriff Callahan For $100,000, Alleging That the Men Conspired To Kill Their Father Card-well Backs Them.

stsciai. Biirarca to ts sxonsis. Lexington. March 12. Suit to re cover tlOO.OOO damages was filed to-night In the Fayette Circuit Court against Judge James Hargls.

Edward Callahan and El bert Hargls. by T. P. Cardwell. guard Ian for Edward Cos.

Lucie Cox and Brack 's D. Cox, children of Dr. B. D. Cox, and Infants under 14 years of age.

The sum mons was served on Judge Hargls to-night In this city by Deputy Sheriff Frank Rogers as Judge Hargls was about to enter the Leland Hotel. The summons Is msde returnable In 20 days. Prosecuting the suit are Attorney John R. Allen, C. J.

Bron-ston and Hargls arch enemies. Jouett, Byrd In the petition it is alleged that the defendants. James Hargls, Edward Callahan and Elbert Hargls. conspired together with each other and with John Smith. John Ab-ner and Asbury Splcer and others, whose names are not known, to murder B.

D. Cox. I It is further alleged that the Hargises and Callahan and their associates did on April 13. 1902, murder Cox. It is alleged that the Hargises and Callahan advised.

encouraged, aided and abetted John Smith and John Abnerv The plaintiffs are or phans. Their mother, Allie Cordelia Cox, died of grief. The suit Is also brought by Cardwell as the administrator of the estate of Mra Cox and administrator of the estate of Thomas Cox. a dead brother of the Cox children. The summons wss served ss Hargls waa walking along Short street.

The paper waa merely handed to him. and he did not read It until be reacnea the hotel. He merely said: "It another suit and I'll be ready to meet It- CHA3TGE OF VDIUJi Zs Granted To ths Defense In th Jett- Hargris Dtunaf Suit. sracua surafci TBS sseciaaa. Winchester.

Ky- March 12. After two days of continuous wrangling In the Jett- Hargls damage suit Special Judge w. Moody, of Eminence, to-day sustained the motion of the defense for a change of venue, and sent the case to Bourbon Coun ty. The present suit Is an interesting phase Of the feud troubles connected with the Hargises. Over 30 years ago Sam JetU It was alleged, burned his bouse down la Jack- Three years sgo.

when Jett began aiding In the prosecution of the Hargises. they had him indicted In the Lee County Circuit Court oa the charge of attempted oa. Jett was acquitted- Last spring he filed a suit far damages against the Hargteee for maHctoas preswciiriaei. Saas Jett la an ancle of Curtis Jett. the ceie-bretea prisoner, and hia saoaey haa heea used all along far -the protection of the GROUCH.

ooHTzrrjzD ntox txxsv pads. a delegation representing business organ- tborltlea. isatioaa. upon not only the city authorities but tha officials of the street railway com pany aa well. The delegation representing the Merchants and Manufacturers Association, the Board of1 Trade, the Commercial Club and Retail Merchants As- Taociatlon stated to the Mayor that aa be tween the two aides it wished to take no stand, bat that for the sake of the city's fair name and commercial success It must insist that order be preserved, and that the police force be made to understand it must do lis duty to the city regardless of the personal sympathy it may feel for either aide in the pending strike.

What transpired at the meeting later, with President and Oeneral Manager T. J. Minary and Superintendent J. T. Funk, of the Street Railway Company, is not knows, aa all who participated refused to talk.

It is believed, however, that the delegation told the street railway management in plain language that It waa Urns either for it to get down to business and operate Its Trees despite disorder, and show that It means to look out for the interests of the public, or, if it prefers, to achieve the same end. by a settlement with the men. What the answer of the company was Is to be seen. It is beHeved the bringing In of professional strikebreakers and the meeting of force with force will be its re ply, and indications now ara for Lracted strike. Xayor Boasts the Company-.

In a sensational Interview after the call of the business men's meeting this evening Mayor Berth takes the street railway man agement to task for grossly misrepresent ing the situation to him. He says he waa told the company had 700 loyal men. that but 40U had gone with the union, and that the company had Sou men from other cities. All this has been proved fiction. Violence to-day in various places did not result In as serious injuries aa the attacks of yesterday.

but the spirit was more ominous Inasmuch as the attacks were msde on cars carrying some five or six bluecoata. A detail of men has been placed at the new armory to pre vent any attempt to seize arms there. The strikers closed what to them wa a victorious day by two big labor meetings to-night, at which the declaration was made by numerous speakers that the strike is already won. The labor demonstration to-niarht waa a big affair. Despite rain and the necessity of "hoofing- it." It Is claimed by the men that fully S.oOo were present.

Some pal ailed downtown streets later, headed by a band. There was Intense ent huhianin. The third day of the local street railway strike was marked by more scenes of violence, which, following upon the heels of the demonstrations of yesterday, added to the tensity of the situation. The arose over efforts being made by the com pany to operate cars on the Seocnd-street line. The third trip of these cars proved to be their last.

A big crowd had gathered at the corner of Second and Breckinridge streets, and at the corner the first car was held up by 4" men! Bricks, stones and all sorts of missiles rained upon the car. snd William Cox. of St. Louis, one of the strikebresk-ers. wss stunned by a stone and fell to the floor of the car unconscious.

The conductor sprang to the controller and ran the car ut of range, although not before every pane of glass had been smashed. Another car approached, and an Ice wagon was driven on the track by a union sympathizer. Harry Kern, the rnotornian. rammed the wagon ineffectually a half dozen times, while the tram was showered in rocks and brickbats. During; the riot ing and the efforts of the police to disperse the crowd half a dozen men were Injured by flying missiles or broken glass.

Injured By Missiles. The list of the Injured follows: William Cox. motorman on first car. hit on head with bowlder and cut by flying glass: condition very serious. Patrolman Sam Hart, hit on left hand 1th bowlder and one finger fractured.

Patrolman Mike Baldwin, left hand and arm badly injured by a bowlder. Patrolman John Moran. cut on left, hand by flying glass. Pat Riley, inspector for Louisville Rail way Company, hit In head and side with brick. riarry rverri, motorman on second car.

struck on left arm with brick. William Metcair, M. B. Moore and J. F.

Smith were taken Into custody by the police in connection with the rioting at the corner of Second and Breckenrldge streets. Arrests were frequent. William Murphy and Tnomas.Ash, ice-wagon drivers, and W. W. Mitchell.

E. O. Jones and T. R. Smith, alleged strikers, were arrested on a cargeof obstructing cars at Fifth and Green streets.

Pres colored, driver of a transfer wsgnn, was Jailed for driving a tobacco wagon across the rails at Thirteenth and Chestnut streets. Ben Horn was arrested Second and Ormsby, charged with ob structing a street car. C. G. Kager of Cincinnati.

Railway Mail Superintendent, is here watching the situation with reference to the delivery of mails. He Is In constant consultation with Post-, master R. E. Woods, Assistant Postmaster wsnL Bisrarca Te rtra nxecmaa. John D.

Morey and the aulkorMee at WaahlngtosL Mr. Rager said: "1 have eoase be re to See that the bs 1i' Is not hasnpered aay by Use strike. The snail care If the Vocal officials cannot cope with the sit nation we shall take the Boat lev np with United States District Attorney George Dw ReUa, without aa appeal to tne state au A eonfet Kail Car Xay JUm. Bea Commons, nufietliig the anion. Sopertntendent Funk, of the company, la which all parties agreed that the snail cars should not be Impeded.

Commons Is dta-N couraalna all Interference with the cars, and orders have beea lean eg naloa to particularly respect the bearing the mall eign. la maiK. to thej I Mayor Bank at noon Issued the following proclamation -To All Citizens of Louisville. Greet lng: Tour Mayor has taken no part in the troversy between the city railway and Its employes, but the strike bas been made the occasion of much disorder and some violence. It becomes his duty to prevent ail such violations of the law.

and te Comply with this oblisstloa he will use all the power vested in him ss Mayor. The mere fact that there is a strike does not Justify tne inienerenre witn sny man in ine pur' suit of his lawful occupation If there are men willing to run the cars the public inter est demands thst they should be permitted to do so. and cltisens have the right to use such cars without being subjected te either Injury or Insult. The police will, therefore, be Instructed to arrest all pereona who Interfere in any way with others la these lawful pursuits, and that there may be no danger of mob violence to blot the fair fame of our city the police will be Instructed to prevent all loiterers from congregating upon the public highways and to disperse all such assemblies. ppQ- vul MBJUT iww upon ail f'JWJ I iiictii to keep away from such gatharings.

as their presence may lend encouragement to the lawless element and Interfere with the police la the discharge of their duties, The law provides the means for the suppression of riots, unlswful assemblies and all kinds of disorderly conduct, and, with the Influence and co-operation of the good cltisens of Louisville, your Msyor will see thst the law is enforced. "In testimony whereof. I hereunto sffix my official signature and rsuse the seal of the cits of Louisville to be attached this 12th day of March. ItsC. "Paul C.

Babtk, Mayor." New Ken Brought In, The company denies that the men being Imported are professional strike breakers, and ray that the men being brought from Cincinnati. Indianapolis. Cleveland and St. Louis will be given permanent positions In the The Acme Detective Agency, of Cincinnati, has been sending la many men. J.

H. Morris, of Cleveland. Is nominally In command of the strike breskers, but one of the officers of the local company la directing their operations. The maja-ity of them did not attempt to take out cars to-day. William Heuser, of Cincinnati, was one of a crow.

I of men brought here from the outside. He says that he and three others quit as soon as they arrived here and. found a strike In progress. In his charge to the Federal grand Jury to-dsy Judge Walter Evans referred to, the strike situation, and said that the laws must be enforced. This is taken to Indicate that the Judge thinks the situation serious enough thst there may be a chance that Federal action must be taken.

The Girls' High School resumed to-day, and all of the other schools are In session, despite the fact that many of the children have to walk miles. The system will not te tied up. unless rioting on the streets should become so frequent as to endanger the children. HAIL SIGNS May Be Carried on Those Cars Actually Carrying- the Letters. Washington, March 12 A telegram from Superintendent Rager.

of the Railway Mail Service, reports that the delivery service has been performed at Louisville to-day with the exception of two trips, one Interruption being csused by the company not having employes and the other by obstructions on the track, which later were removed. He says that mail cars only are carrying I nlted States msll signs. Second Assistant Post mas ier-General Shallenberger sa'd that, even If the signs were turn from the cars by the strikers. It would be of no serious concern to the Post-office Department. Under the law the street car company could use the signs only on such cars as actually were carrying United tes mall.

The Postoffice Department. Shallenberger explained, has a contract with the street ear company to handle mall between certain specified points. "W- simply look to the company to ex ecute that contract," he said. "If It does not perform the service It has contracted to perform It is liable to a severe fine. BEH COKXOKa.

ami 1 ton. Ohio. March 12. Bea Commons, director of the street car strike at Louisville. Kj, is a Butler County (Ohio) boy.

burn and bred. He is now S7 years of age. Commons left this his native city in ItfZ. going to New Orleans, where, after a year's service on a United States man-of-war. he drifted Into the street railway -liusirx ss la Hamilton Commons ssi ed his apprenticeship aa a machinist, but the bard times at 1MU2 found him loafing and he got a Jo with the County Coea-mlsslonsr.

stilts ZoUers, as bartender. Jste aetnonet rated his ahllltx te haatds "In the event of a local disturbance, such they sre experiencing- now In Louisville, the company must still fill Its contract, even though It has to hire automobles or some other conveyances to get the mall to Its destination. The company din not look to this department for protection against violence but to the local authorities. If a mall car la delayed or wrecked or i bstructed In any manner the company may make a complaint to the United States District At torney. If.

in the Judgment of the Dls- thlct Attorney, the case is sufficiently serious to warrant the attenlon of he Gov ernment he will report It to the Depart- THE BOSS OF THE STRIKE. It: -A men when one night a gang of 20 Ue hunters from Darrtown started a rough bouse. Commottm set up a fusillade ef beer glasses on tha gsng. breaking everything behind the bar. and when they gave out the "Reubens" were all on a hike for the farm man ding their broken beads.

John Commons, a boss billposter la Cincinnati, la a brother of Ben's. He also has brothers living a ladisns polls and Loveiand. Ohio. Both his parents are dead. Commons was snarrieat several years age la New Or lee as.

where be gained his reputation as a director of street-caT- etrtkeo in that city is CRITICAL POITiT Will Be Beached To-Day- In the Vessel Constructors' Strike. Cleveland. Ohio, March 12 Officials of the International Boiler Workers' and Iron Shipbuilders' Organisation and of tha American Shipbuilding Company concede to-night that a critical point will be reached to-morrow In the strike of shipbuilding employes here, at Lorain, Ohio, and ether points on the lakes. The officials of the company have persist ently declined to Jireat with the money subject of the proposed concessions, and have adopted a policy of refusing to dlscuas th strike on any of its phases. It Is known.

however, that they will regard the fight as practically won If the men In the Chicago snd Bay Ity yards do nut go out to-rnor row. The union men likewise admit that the result will be Influenced In no small degree hy to-morrow's developments. There was no change In ths situation at the ship. yaru here to-day. INDIRECT VICTIM Of the Portsmouth Strike Was Appier, Who Sled Yesterday.

arsr tat. Mart-res Te Til ssri(a r-onsmouth. Ohio, March 12 Local Joy over tne settlement of the street railway strike has been In a measure tempered by irm own or jonn Appier, who msy be In. oirectiy regsrn i ss victim of the troubles Two weeks ago ho was run down a car which was being operated by an Inexperienced motorman and his foot masneo. Blood poisoning set In.

snd he sweumoed early to -day from the shock following amputation. He wa 4i years eld, married, and was a furniture finisher by trade. His father. Colonel Jesse Appier, of tne i weniy-secono onio V. I.

raised ths second company which left the city to take pan in tne civil war. THIBTT-nVE FATALITIES Reported at the satin? of the Miners of Subdistrlct JTo. 0. w'u'i. jsarea 12 Tho jainarrs convention of Subdistrlct rompoaea or Athens.

Hoc-kin nnf Um Cflinfl A. ui worsting locals, is "re. Among the district and stats officials In attendance are Stale President William Oreen. of 1 rinivni jonn Moore, of Kend- in statistician rhn. 01 Mtatlatlea K.

fatalities In this territory tho past year. KZ2JTUCZY MIKXHS ItZXT. srsciai. viseavca re res arrBsa. wstnalK.ro.

March IX TKa BTjUKEBREA TR3 EECETJITZD. STRIE The A i enough yeaterda erday Hirai unions. Acme Detective Aaeaev iMniiiwi strikebreakers at Its local office rooming te comfort blr fill two spec la; car that were attached to tne II train over the I and N. Railroad to with their arrival la the rails City there will be AM men there woe have been recruited la Cincinnati 19 assist In breeklng the street car strike. The Loelavlliai Street Railway Company, however, wants more men laaa lh.se now If they ran get tkean and in order te moet this unexpected draft on his resources Manager Kuril, of the agency, will open recruiting offleoa at Chicago, iadiaiiapoUs and Cleveland.

SPURNED By Bank Wrecker Bus band, Xrs. Ber. tha Brown Asks Tor IX ores. srsciat, swasca Te Tss ssectaaa siaoiajiaepoam, starcn ix spurned In her efforts te stand br her aaatauj I band and to console him la his hour of se row and disgrace. Mrs.

Bertha Browa. ths beautiful wife ef Walter Br own. the Els- hart Bank wrecker, filed suit for divorce la the Superior Court here to-day. Denied a new trial, deserted by most ml the naea be had formerly cvuntes among his friends, shunned by many of his armor sc asmltseM and dowabeartod aad sic Browa. sees after his coevlctloa oa tne bank wrecking charge, found klinselr lone faithful friend.

That waa Mrs. Browa Mra. Browa took ep her reeidectee at Leavenworth la order te be nee. Browa. 11 Is said, however, that he mistreated her beeaaee she eouid Sot obtain a aeruoa foe 1 I hiss, Savs now aaas for a eompUte eMveree, TGie Sfoy vesQij' PfiainioDa Piano Price, $500 THE UNITING IN A SINGLE COMPLETE INSTRUMENT The Stuyveiant Piano laai.

id tne wener. produce tne tuott manufactured. must be Instituted through the Deportment of Justice, and not through the Postof7ie Department. The and 1 Metroitvl Pianola STUTVESAXT PIANOLA TjANo rate-prlcavl of the quartet of fsrr.o hlch are revolutionizing the piano it, l.r-e, world. The details of Its construction, the Besides being a splendid planu, mtth a f.

tone), the STt'TVESANT PIANOLA I'lANu genuine Metroetyle Pianola. It therefore ri (a perior of any of the so-called "pUier-pisho tj at what prlc sold, that are without tlx. tit.i an.j rt fratnrce that bars given the plsnols It rw and firmly established It at "the 'ablarj the world." i Moderate monthly payments may be arret. t. i The Aeolian swi i Tboro to only ono "Bromo That 0 Laizatiio Bromo Qulnl atasllarly Tssased reesedles nssl.ii C71 0 I aeeelve.

Tale are sad ertglaal Ool Table I Si Ls I ment of Justice for such action aa ths At torney Oeneral, under the direction of the Administration, may take. Any proceedings taken by the Government In the matter i RC.r AU Ml.ALTl TO MOTHER AND Cie. bims a seen usa IS iK I I' 'TH I M.a tki: rit: v. i ri" It mi I ii i Mil it til MM. AI.I4tS HI l' 1 im HHKKA s.

i.j I l.i the eu'lrf I- lows mi i kind 1. i. 1 CAPTURE Of Alleged KoU-nrJ Ihf Qufit cf Vi.it For Tbr Cr srsUAi. ineit fu 1 im Toledo. Ohio.

M.i Ileved to l' I'eni i.f wee Stowe. aba and JairiM Hmlin. night fur the u' iw Morencl. Ml'h, blown oben snd 4 The robbere i.n...H i i stamps. The apureh.

ever, aas Sri ldi 'a. i.f Armed With a Daly, DelliaMr si.1 II by three raursd 'lt-' I 2K lie km. I.I aw skirts 'if the iiiv in some i. fi from freight ran leep. 1 heir snd mii'lilr 1i.r- i stolen from a aw Morencl were fim.il 1 With bvflle ut and fulminatir.a sbout -i in (lie I sldersbl Sum In l-" the kind of muu-t t- r- safe.

vers I stolen fr.m a lumbus were sls-i 1 'practicing" on th rr an'-a-' 1 a le esj 1 1 the 1 check psi: I Sl lege Aug left thai he was tu Insteed went to ban Bef're sailing f-r II. Antt mt ll.e lull rrsacisoe. ii ae Io CooBtj And. to-1 I Cblnk Kali a Ch-'t I IS Tu I $.000 sean a siaeir- a tss Jeslrigton. Ky Mar 1.

for Chins fe-eiillr a Woo, a i'hlriamari, ft." raised a draft fr.ifn t. '4 Bank drawn on tl.e Jlu.a Convention of the Called Mine Wurkan I cf New Vo.k for ss I 01 ine western District of Ken iuray met in Oweasboro le-da roe I rw 1 no convention waa as ua lo order by President Marnaby, with about I Ujn anon, is here li.i attendance. Ueraed. he sets. 't vjt nor iron ine local naliia I i.r, I efnoe niuaii ana uiaa rw union men who have beea locked out or apparently alm rf V- earrlsge sad buggy factories la Oweasbore I eh Ine.

ske No action was taken to-dav u- ik. I q-iest. but the miners esnreased asuth. I h. i AJLCKIE GETTISO J17 Wsshlnatus.

Mar.b In Archie rP-oeeveit -f "He le dii.g eiy." his mornlrg ln tv I White Hove I lfnpciewiefit lae'i the day and en. this evening n.i.g SOZODOtIT u.ed with Soiodont a a an ideal dentirncr, anything of tht kind-" to tht public Aik)'u,.