Lincoln Journal Star from Lincoln, Nebraska • Page 3

Nearly Everybody Reads The JOURNAL THIKTY.FOURTH TEA! MORE NEWS MORE CIRCULATION MORE ADS LINCOLN, NEBRASKA, MONDAY, JANUARY 5, 1920. FOURTEEN PAGES TWO CENT- COMMUNIST ROUND-UP IS ONLY BEGINNING Similar Raids On Radical Headqquarters Will Be Made From Time to Time--Federal Agents Rush to Borders to Check Outflow of Reds. YORK, Jan. The communist roBBdnp which has resulted in the of more than 3,000 radicals throat the United States on Friday Bight, has only begun, according to William J. Flynn, chief of the department of Justice's bureau of investigation.

The crowded condition at Ellis Island where 675 alleged radicals al- read? are being held, has led to a saove to obtain either Camp Upton or Camp Merrill as a concentration camp lor "reds" held for possible deportation. It la understood a strong force of government agents has been rushed to the Canadian and Mexican borders to check a rush of aliens seeking evasions of deportation orders. Other agents have been hurried to Atlantic Pacific ports of entry to watch for radicals attempting to ship on outgo- THE WEATHER. Tor Lincoln and Vicinity: Partly cloudy and cllfhtly warmer tonight probably 1 aome llrht rain or Tueiday ttl' nd colder. For Ncbruki: Pmrtly eJoudy tonight probably witl rain or mow and warmer extreme east poton- Tuesday generally fair and REDUCE TONNAGE DEMAND GAS CASE MAY HAVE A STRING OF LIVES LAST LAP THREATENS TO TAKE CONSIDERABLE TIME.

Yessels as sailors. DETROIT, Jan. Federal operatives and police yesterday broke tip meetings of radicals at the House of Masses and arrested 250 more alleged reds. This raised the number of red arrests here to 800. Seventy-five hare been released.

WASHINGTON, Jan. Deportation action against scores of the revolutionists rounded up by the government during the last few days was instituted by A. J. Caminetti, commis- elusions has been handed by the state department to the congressional foreign committee. The report embraces the following subjects: "1.

Character of bolshevist rale-- theoretical "dictatorship of the proletariat," acknowledged to be the rule of a minority, with a definite policy of sreliminary destruction is found in 'act to have degenerated into a close monopoly of power by a very small jroup, who use the most opportunistic and tyrannical methods--including terror." "2. Economical results of bolshevist control while existing on the accumulated wealth of the country--the bolshevist regime has brought abo.ut a complete economic collapse, with consequent famine and epidemic. The claim of the bolsheviki that the economic solution is wholly responsible for the economic chaos in voiet Russia cannot be sustained. The bolshevist program has not worked and bolshevism has to its credit no constructive accomplishments. "3.

Bolshevist program of world rev olution--one of the main aims, of the bolshevist leaders from the very beginning has been to make their move- emnt a world wide social revolution. They insistently declare that success in Russia depends on the development of corresponding social revolutions in all other countries. Bolshevist policies and tactics are subordinated PARIS, Jan. supreme council has reduced its demands for docks and marine materials, demanded from Germany in reparation for the sinking of the interned fleet at Scapa Flow, rom 400,000 to 275,000 tons, it was reported today. This reduction was expected to insure prompt signing of the protocol, and consequent effectiTeness of the Versailles treaty.

The council ordered Bulgaria to urn over unused war munitions to Jeneral Denikin, it was reported. Chancellor Renner of Austria is sending a delegate to Paris, it was earned, to urge immediate fulfillment of the allied promise for a loan. The allies and the United States have so lar failed to make good their promise ind conditions in Australia are becom ing unbearable, it was said. Company Files Objection to AH He- qmraU Made By City la Mo- tioni Before Court For The 13-year old gas case was spread upon the table before Federal Judge Wade at 11 a. m.

Monday. Attorneys for the gas company and the city were directed to expose their cards. After the exposure, court adjourned until 2 p. m. City Attorney Peterson explained to the court what is covered in the motion asking an ardor directing the company to fileitimized accounts of gas sold, list of partial payment and rebates made, for payment into court of a sum sufficient to cover interest and rebate and for the appointment of a master to audit accounts and make distribution also that the court direct payment of interest on over charges.

Attorney E. C. Strode filed an an- tion on December 1 seeking to enjoin enforcement of the dollar ordinance. This application involves the operation of rate from September. 1915 down to the present lime with respect to a right sought by the company to apply so-called losses resulting from trial of the dollar rate from 1915 to 1917, as a set-off against refunds for the period from 1906 to 1915,.

The company has also filed a motion that the decree of 1915 be modified as directed in the mandate of the United States supreme court which court in a decision of June, 1919, upheld the dollar ordinance without prejudice to the commencement of a new action. This is one of the points in contention between the company and the city; whether a new action to determine rates shall be from the period dating from September 23, 1919, or from the handing down of the mandate by the supreme court of the United" States in December. Makes Financial Showing. Harsh of the gas comuany has prepared a statement for submission containing the report for the twelve months ending November 301919. This statement shows that it cost an average of $1.08.54 to produce one thousand cubic feet- of gas selling at Going a step further, Harsh shows that the Company would have lost $16,000 dur- Hay Foot, Straw Foot sioner of immigration.

Arrangements to the idea of the international prole- tor hearings were ordered speeded up ao the deportable "reds" may be hustled back to Russia and the way cleared for more nation-wide raids which the department of justice probably will undertake at irregular intervals. Would Overthrow Rules. Investigation of the bolshevist menace by the Russian affairs division of the state department showed that the avowed purpose of Lenine and Trot- eky was to overthrow existing governments and standards of society thru- out the world and substantiate the soviet form of government and daily life, according to an official announcement made today by Secretary Lansing. This bolshevist program had failed in Russia already, where its results to date are "demoralization, civil war and economic col'apse, ment said. The report containing the announce- these con- tarian.

Apparent compromises with bourgeois governments or countries have proved temporary and tactical." Haywod Surrenders. CHICAGO, Jan. D. Haywood, 1. W.

W. leader sought in cin- nection with the round-up of reds sent word to police today that he would give himself up before the day was over. Haywood denied there was any connection between the alleged plots of the communists to overthrow the govrnmnt and th I. W. W.

"The communist party is a political organization while the I W. is an industrial body," he said in an interview. One hundred suspected reds arrested In the raid conducted by States Attorney Maclay Hoyne were to be arralnged today. Hearings on deportation proceedings against eral government's campaign, were started today. 2.75 BEER IS HW ALLOWED SUPREME CO CRT UPHOLDS STEAD KN'FORCEMEXT DEFINES INTOXICATING LIQUOR OF OPTB PER CEXT ALrCOHOJL IS LIMIT.

Prohibition Law Con- Holds HlRheart Tribunal--Case From Ncvr York. WASHINGTON, Jan. the constitutionality of the most vital section of ths Volstead enforcement Jaw the supreme court today declared that 2.75 per cent beer and that other near beer scannot be sold under wartime prohibition. Justice Brandeis read the opinion of the court as he did at the time wartime prohibition was declared constitutional. The important feature of the decision Is that tha court upheld the ac- iCtion of congress in declaring intoxicating, and preventing the sale, of all berrages containig one-half of 1 per cent or more of alcohol, by volume, with the exception of home-made cider and wine.

The decree of the court may be taken as a definition of intoxicating liquor that will stand under constitutional prohibition also, because of the the Volstead law in its definition of Intoxicating liquor under war time prohibition in a suit brought by Rupert. The appeal was then taken to the supreme court and thn case argued by Elihu Root on Nov. 21. The Ruppert brewery contended that congress exceeded its powers in enacting the Volstead law enforcing wartime prohibition because by its definition of intoxicating liquor it prohibited the sale of beverages when it is claimed are not intoxicating. The atorneys sought to prove that 2.75 beer was not intoxicating and pointed out that the original wartime prohibi- t.oa law affected only "beer, wine or other intoxicating malt or vinous liquor." A long argument was made by Root to show that the word "other" as appearing in the phrase of the law should be carried back to the words "beet" and thus prohibiting the sale only of intoxicating beer anc wine.

The action of the government in prohibiting the sale of 2.75 beer is both before and after the Volstead law was passed on October 28, 1919, was upheld. The decision of the court was six to three, Justicea Day, Vandeventer and McReynolds dissenting. WASHINGTON, Jan. 5--The supreme court today held that the government exceeded its authority in preventing the sale of 2.75 per cent beer under wartime prohibition before the Volstead law was passed on October 28, 1919. This decision, that the company is bound only to a faithful performance of the orders ot the court, Mr.

Peterson explained the contention that the company is liable for interest even on rebates already paid for the period from 1906 to 1915. The court asked if the attorney for the city would try out the cases of those who have made voluntary settlement. This was taken as an indication that the court may not order payment of interest on accounts settled. CONFESSION JS EXPECTED Michigan Authorities Have 3few Lla-fct on ot J. Stanley Brown.

MOUNT CLEMENS, Jan. 5. --Authorities here today anticipate a conference from one of several persons held in connection with the slaying of J. Stanley Brown, wealthy young clubman. Officials intimated the accumulations of evidence, gained since Attorney General Groesbeck's secret inquiry started Friday, was driving a suspect into a corner where admission of his connection with the case was expected.

It developed jesterday that in Groesbeck's secret hearing witnesses testified to having seen a man in Brown's car at 10:30 p. m. the night of the slaying. They drove away together, according to the story. Issuance of a warrant charging this man with murder was anticipated.

This will be followed, it was reported, by the withdrawal of the charge of homicide against Cecil Beatrice Vester. When the attorney general's secret inquiry is resumed at 2 p. today, after the week-end recess, all members of the Provost family will be called to testify. Clothing and shows belonging to Lloyd Prevost, cousin of Brown's widow, were taken to the county jai' for inspection Sunday. Both Gladys Summit and Ben Soren sen, Battle Creek, associates of the Vester woman, brought here as wit nesses, were released.

MAY NOT USE SUGAR TO INCREASE SALES PRESENT THEIR PLEAS FOR COLE AND GRAMMER Attorneys Assert They Did Not Have Fair Trial and Set Forth Facts They Say Supreme Court Did Not Pass Upon Because They Were Not In the Record Before It own confession. He replied that wa-- he product of the Plnkerton detec ives. Since the trial, Mr. Mutz said. Cole had made another statement and le understood had since made a statement, Implicating others.

He did not care whether these were true or not, but he wanted to point out that the supreme court had locked the doors against any judicial determination of their truth or falsity. He would welcome the chance to go back to Howard county and determine fact. But Grammer has never had and can't have any chance for the courts pass on this, because they are not in the original record, which was what the supreme court passed on. When a confession is made exonerating a convicted man, there onght to be a statutory way to determine its truth, but the legislature, attho the courts have poined out the lack, has never acted. He saH this Cole confession to a minister is the only one sworn to.

Suppresesd Testimony. Mr. Mutz said that the attorneys for the state promised Cole that if he would stay off the stand, they would see he didn't get the death penalty. He declared this was a challenge to the judiciary and the bar, because it amounted to a suppression of testimony, which is ground for disbarment GOVERKTMEST ORIMEWS STOP OP PRACTICE. On Many RetnlJera Offered Sn Condition Certain Amount ot Others Goods 'Were Purchased.

WASHINGTON, Jan. must stop compelling purchasers to buy a large amount of other goods to obtain a few, pounds of sugar, the Declaring that neither Allen Vincent Grammer nor Alson B. Cole, under sentence of electrocution on Friday of next week, were not given a fair trial and that there are faqts which the supreme court did uot consiedr, because not in the record before it, and that the status of their case is such that only the governor can be appealed to, attorneys representing the condemned men present their pleas to Governor McKelvie Monday. Tfce hearing was held in the chapel at the state penitentiary. Both Grammer and Cole were present.

They are trim-lokoing lads, dressed In neat suits, and followed the remarks of the attorneys very closely. A large delegation from Howard county was present. Mrs. Grammer, the youthful wife of one of the young now a resident of Lincoln, had a back seat among the hundred or more present. In the group, were Charles H.

Grammer, the father, and the young 'man's three brothers, Henry of Palmer, Seth of Caldwell, Idaho, and eGorge, from western Nebraska. The other representatives from Howard county were Mr. and Mrs. E. L.

Vogt, the former the son of the murdered woman, Mrs. Lulu Vogt, who was also the mother of Mrs. Vincent Grammer; Mr. and Mrs. E.

W. Vogt, Sam oVgt, Tom Vogt and Mrs. Anna Vogt; P. W. Wagoner, Fred Lehn, Miss Frimann and Tom Borush all of Alba; Sheriff Atvrood, County Attorney Chas Dobry.

E. G. Hif ex-sheriff: Representative Soren J. F. Webster, editor of the St.

Pau' Phonograph, and others. Attorneys Present Matters. Sterling F. Mutz of Lincoln and A. Reisner of Thedford, attorneys rep resenting Grammer, presented their petition for pardon or commutation the morning session.

W. A. Prince, Grand Island, who was one of thf state's attorneys in the trial, had only ey jjence to show that no motive begun when adjournment was J3ted for ramm er'a wanting Another cause for that there was only congress in unfavorable to the government, does not mean that the sale of 2.75 beer is authorized now, because the court earlier in the day, held that congress had the power as expressed in the Volstead law to fix one-half of one per cent as the amount of alcohol that makes a beverage intoxicating. The Volstead law now being in force, supersedes the ouinion of the court, which was handed down on apeai from Baltimore and New Orleans federal courts, 'The main effect of the ouinion will be to prevent the prosecution of GIBBONS HASJ. RECEPTION American Cardinal Greets en and Friends at His Residence Snnday.

BALTIMORE, Jan. Wire his time- honored custom, Cardinal Gibbons yesterday held a new year's reception "to his parishioners and friends red room of his residence. The ceremony followd a solemn high mass at the cathedral at which the cardinal pontificated and preached his new year's sermon, in which he praised America and thanked God for the help the United States gave Europe. The reception scarcely could be called a ceremony. It was rather the exchange of happy greetings between the venerated head of the catholic church in America and hundreds of those who look to him.

for spiritual leadership. Nearly 1,000 persons of many faiths pressed forward to kiss his ring but altho the previous ceremony was near- two hours in duration the aged prelate had a cheery word for each until the end of the long line was reached. definite statement that providing for the enforcement of pro- brewers and liquor who sold 2.75 per aibition can prescribe just what ceri beer under wartime prohibition makes a beverage intoxicating. The ease decided today was an appeal from the New York federal court brought by Jacob Ruppert, a brewery corporation. Supporting in every way the contentions of the government and con- crees just as the opinion of the court did 'when wartime prohibition was declared constitutional by unanimous Tote the decree of the supreme tribunal apparently means a real bone dry nation.

Likewise It diapels -the hope of the Umor for any tilting of the ttd either present or under constl- tittowd prohibition, it is believed Tto financial interests involved in decision today are estimated at Large Financial Less by the liquor attor- including amount of near on aad the property for its manufacture which will be rendered virtually useless. One hope of the liquor tntereau was to convert many old time breweries into planta for the of the 2.75 product Mew York federal court upheld from July until October 28, the date theVolstead law became effective. It affirms opinion of both lower courts, the cases being brought in Baltimore by the Standard Brewery and in New Orleans by the American Brewing company- FOUR KILLEDJY FREIGHT AvtmobUe Wttfc Family Destroyed 'When Struck By Put Train. SUMNER, 111., Jan. persons were killed here late last night when the autoombile In which they were riding was struck by a fast freight train on the Baltimore and Ohio railroad.

The dead are: H. A. Piper, wealthy oil man, and bis son, Shelby Piper. His wife and their ten-year-old son. Randall.

(nonoi.ARSinrs eon vorxo STKN who want to go to college. Examinations In your own school. Popular Monthly. All BEBIJN PROMTS RENTS ent Dwrllera Blr Demonrtratton Parade swer to the application In which it objects to every request on the ground of lack of jurisdiction. It contends that the court has no jurisdiction to determine overcharges and the question of interest computation.

It answers that the court is without jurisdiction to order the company to furnish a list of consumers, to appoint a master to audit the books, to order an itemized list of rebates already made, to determine whether payments already made to consumers are valid and binding and to direct payment into court of a sum equal to the difference in the price fixed by ordinance and the amount charged and collected for gas sold from month to month. Woulo Require Years. The company further objects that to prepare and present the data which the city calls for would require at least one year, that it would necessitate the employment of twelve or fif-' teen accountants and that the cost to the company would be from to $25,000. The company further makes objection to Mr. Peterson's motion for the reason as It claims, that final settlement already has been made with 7,250 consumers for the period from December 1, 1906 to December 1, 1915.

The company contends that it is entitled to a reasonable time in which to make full settlement before any ecart order should be entered. The conpany also objects to the city's because of a suit filed by the corpora- ing that period had the dollar rate been in effect. This loss does not take into consideration interest on working capital or depreciation. He makes the following showing: Such trade practices constitute pin-' fair competition, the commission decided and an order to "cease and desist" was issued against a Chicago company which will be etxended to all other cities from which complaints have come. The commission has received complaints from all sections of the country against this method of increasing sales.

The specific case decided was that of the Cole-Conrad company, Chicago, which was charged with offering three or five pounds of sugar in combination with certain other selected goods. commission also stated that the decision would apply to the C. D. Kenney company, Baltimore, charged with offering to sell sugar on condition that a certain amount of coffee was included in the purchase. The commission declared unfair the action of twenty-eight wholesalers of Los Angeles in refusing to sell sugar and groceries to the Los Angeles Grocery company.

Total PTOSS sales Total net sales 3H4.257.63 Total revenue Gross earnings from overation Operation and maintenance Net earnings Net earning per cent opent nc expense to eross Gross production operat.on Net production Total operation cost, Total maintenance 91.879.74 90 9 7 8 3 7 3 8 0 63 167.0'U 179.114 19 "CO 11 ROBS TO PAJJOCTOR BILL Omaha Man Confesses to Holdup of Coal Company Implicating Two complaint was one America? born on the jury. All the others wen naturalized, except one, Henry Bernt Mr. Mutz said that not only Bernt not a citizen, but his mentalir- is that of a child of four or five, his father died in the insane asjluix Mr. Mutz challenged the statement that a paid propaganda was in progress to get Grammer released. None of the Howard county papers had ever published dissenting opinion, in which he said Grammer should have a new trial, and the boy's father had spent some $40 to hare it printed.

He said that the attorneys for Grarn- mer, who, he believed, were intimidated by the mob, had failed to introduci mother-in-law killed. No Motive Existed. Grammer, he said, was in 1 He had received an advance from OMAHA, Jan. 5. The three masked robbers -w ho held up and rob- BERLIN.

Jan. Carl D. Groat)-- Berlin renters joined in a great demonstration against the Tenement profiteers" today. A parade two miles long marched down Unter Den Linden and the Wll- helmstrasse carrying banners reading "Down with the tenement profiteers," "Wown with capitalism," and "We demand tenement Soviets and socialization of all dwellings." Here there a red flag appeared and there were some "hochs" for the revolution and some "downs" for capi- tallam the procession generally orderly. It was the largest open-air gathering since lifting 'of martial law permitted such demonstrations.

Feeling againet the increased cost of bread, meats and rents haa been acute since new taxes went into effect, nlttlng everybody alike. Wage earners claim owners of commodities havo increased prices, while wagoa havo remained station- Teachers A vacancy in the teaching force of any school is a seriou? matter. In many places school boards are clamoring for'te r-h- ers. In the "Help Wanted" col- ums of Journal Want Ads each day opportunities for teaching positions are offered. If yon are a teacher and want a position get lined up by means ota Journal Want Ad Journal Want Ads Phone B3333 Objects to Form.

Mr. Peterson offered objection to the form of the gas company motion relative to construction of the supreme court decision. He objected particularly to the company's assuming that "without was intended by the court to mean after September 25, 1915. While the attorneys exchanged pleasantries over this phase, the judge asked for a brief history of the case. The city takes the position that the gas case is adjudicated down to date and that any suit brought by the company relative to a higher rate will date from this time on.

Attorney Strode said that the position taken by the city is inconsistent when it says that the supreme court has closed the door on a review of the period during which the dollar rate was given a trial and for the subsequent period. He said thai the company will submit figures showing that it lias cost more than per thousand cubic feet to make gas for a period of three years, not counting interest and depreciation. The company insists that it has not been given an opportunity to review the period from 1915 to 1917 andnhat the supreme court in its decision of June 2, 1919, intended to grant that privilege. Mr. Peterson said that the city only asks that judgment follow the language ot the court.

Judge Wade suggested that it may be better to determine this point when the company is heard on the merits of the injunction suit which it has started. The present decree, he said, should state nothing more than what has actually happened. Question of Interest. The court asked for an explanation of the bond given by the gas company and what it purports to do. Mr.

Strode said that the company assumed the broadest sort of liability under the bond but that interest was not made a-part of the initial bond of $150,000 nor has it appeared in. any court decree respecting this duse. holds bed John Johnson, manager of the Berquist Coal company. Twenty-sec- ou4 and Washington streets, South Side, at 6 o'clock Saturday night, were arrested by detectives Sunday morning and charged with robbery, a police report states. They gave their names Frank Clayton, Raymond Lane, and Milchae-1 Randall.

According to a signed confession ot Lane, Clayton induced Randall and him to comniitr the holdup, in order to got loor.ey to pay a doctor's bill for treatment of Clayton's wife during the past two years. Lane said he met Clayton and Randall at Twenty-fourth and streets at 4 o'clock Saturday afternoon. "Clayton told RanJall and I to follow him," Lane said. "We went to taken for lunch. Mr.

Dobry and J. T3. Priest of Lincoln, the latter Cole's attorney, were to follow. In opening the bearing Governor McKelvie said that it was for the purpose of civinff the chief executive an. oppor- Vogt- estate, didnt owe anybouy.

tiinity to determine If the two men 1 0 had had a fair and complete trial and not to determine their gilt. In the discussion the limitation was made not to hear any evidence that had to do with their conviction. He said he was concerned only to know if the men have had a fair and impartial trial in the Mr. Mutz, who opened the discussion, said he was glad to meet the issue. They had no Quarrel with the courts, but they did wish to show that in both the district and supreme courts Grammer's rights had not been safeguarded, and that evidence that should have been presented was never submitted.

There is no statutory way by which the courts can be appealed to and the case reopened, and their only remedy is to present the matter to the governor. Mr. Mutz said that the daily newspapers had been fair, but that the published in St. Paul has been malicious and untruthful and that their attacks had worked up public sentiment to the extent that a fair trial was impossible. Those attacks had continued up until nov.

picked out the Phonograph particularly, having said that the mob ought to take the law in its hands and not let the courts work it out; that the people were getting tired and that the two men had better not be returned and that at a. sale it had been agreed would be no second trial. He said the editor had constantly- preached the mob, and it had its effect on the jury. Jurors Infected With Guilt. Nearly 300 talesmen were called and some of the men who finally served were early in the box.

Many of those who were dismissed said ihey could borrow money he needed at ft" bank, as he had done in the past; thf. he had an automobile, fine horses a-u. a farm; that all he would get by on of her death would be the S330'J going to his wife, and Mr. Mutz tj.M no reasonable man would pay $500 tu nave her killed so that he could yet this. Mr.

Reisner traversed part, of 1)1- same ground in his argument. Ho said that inhuman methods had been used to extort the so-called confessions; that the county attorney did not du liis duty when Grammer wanted tu know what the courts would do, he made the confession the detective, who had taken aim into remote room in a hotel and kept him for three hours, were insisting he should make. He said Dobry should have told him he did not have to say anything lie didn't want to. He Baid the attorneys for the defense were confronted with a stone wall, that the case had been manuevered so that Judge Payne would preside, and that the letter's instructions were very damaging, especially in telling the jury that it was their duty to find the defendant quilty if they believed certain chargegs. The only duty they had was to acquit, he said.

Mr. Reisner said that If these facts did not appeal to the governor he desired to appeal to his mercy. He brought tears to members of the Grammer family by his eloquence. He said that repeatedly the boy's mother had asked "Won't the governor take me? I haven't long to live anyway." Pure Technicalities, He Says. Mr.

Prince, who had but fairly started when an adjournment was taken said that the other side conceded that the evidence was sufficient to thought the men were guilty, and convict and in the supreme court and this had a psychological effect on the jurprs who remainfid. The court didn't admonish the talesmen not to express their opinion, as he should have dpne. Complaint vras made that the men should not have been tried together. It was true attorneys for the men 'din not object, but the state knew that the confession of Cole would be used against him, and while court told the jurors that certain evidence- did Randall's home, where we got two not apply to Cole but to Grammer and i certain other to Cole and not to Grami mer, the whole matter became confused in their It was the duty of the state to have ordered a separate trial, as Cole's confession, not ad- missable against Grammer, was read to the jury because Cole was also being tried by them. Fifteen or sixteen times the big crowd laughed and applauded which intimidated the jury.

No objection was made by the counsel, but the lit- tie said by the judge was an invitation to go on. He did not punish anybody for what Is clearly contempt. Grammer had hard luck In the supreme court. Judge Cornish was absent and Judge Letton ill, so that four judges, a bare majority, gave the judgment of affirmation. Judge Sedgwick had dissented, declaring that no man's life should be forfeit because his attorney failed to do his complete duty.

Judge Sedgwick had also said that where one man pleads guilty the court should order a separate trials and since then the supreme court had adopted that as president of the North the law. Sedgwick had said China faction and an advocate of Cole's confession was the only evl- guns. Clayton already had one. Clayton then gave instructions as to how 'to pull of tre robbery of the coal company. We entered the coal shed in the yards and tied handkerchiefs about our faces.

"Entering the office, Randall and I held guns pointed at the manager and an employ while Clayton searched them. We got $52 and about ten checks, and left. "We then went to my home at Eighteenth and Leavenworth streets and divide the money. Clayton was the first of the trio who was arrested. Detectives nabbed him Saturday night after he tried to pass one of the stolen checks at the Guarantee Clothing Company.

Randall and Lane were arrested next day. All three have been identified as the holdup 'men, a police report states. CHINESE EX-PRESIDENT DIES LONDON, Jan. A dispatch from Shanghai today said that Feng You here had raised only pure technicali- The men, he said, were guilty of the blackest crime in the history of the state, and there is no doubt of thp justice of the court decree. He said that it was untrue the local newspn pers had been unfair.

In fact they dad embarrased the state more than defense because of the fact that the printed confession made difficult the task of getting a jury. He said it was not true that Yer, many talesmen cabled as jurors Laj expressed an opinion. two or three did, but were admonibhf by the court, who told the jury they must pass on the case purelr IM the evidence. He said this ought in be a closed question with ernor. He should exercise demons only if new evidence has been fount and should not pass on the opinion the court.

Mr. Prince described the crime, retaking of Mrs. Vogt nineteen into the country, choked into bility and then killed by a re voKe. placed to her head. Cole had admittnl doing the murder, and Grammar hail admitted hiring him to do it.

Th public indignation did run high, mul It was for that reason trial was delayed for eight months. The defendants had had throe of th'- best attorneys money could hire, W. H. Thompson, Judge J. N.

Paul Judge Aaron Wall, and he ridiculed rhe claim that they did not do their between North and South China, Is dead. former presiden's death, dence of Crammer's guilt and it full duty by cliei.t. They not in evidence in the ca.sf- as the Grammer. no no novices, but been in a score of murder dispatch added, has deranged tho I Mr. Prince interrupted to ask If Mr.

movement of Internal peace. were, not overlooking Grammar's A i TIIK WITH in- of The m.tr.j I'lariK for Ai''l i th'njjB at I A-Jr. 'i All lEWSPAPERr INEWSPAPERif.