The Buffalo Times from Buffalo, New York • 21

A The Buffalo Sunday IKAl HEWS SICIM BUFFALO, SUNDAY, 1916. PART 6- PAGES 45 to 52 I CROWD Wllicn HEARD CIIAULES E. nUGIIES Vl lTniTinfir I JimflXPfs dpi lUgf.lco I fr-rl I I I I I I 1 Ml HI 1 Hi I I 1H1 I 1 COUW XltC U.V.1 Vis Is Again Reunited Feature Close of i Figif or Stielow Erwin King Clings to Recanted Confession Under Gruelling of Famous Criminal Lawyer, but Humanitarians Are Confident Condemned Farmer Will Be Granted New Trial to Prove Innocence. i VRepublicaii Presidential ft Aw1 -V-. Nominee in Auditorium a A Acioress itenews Assault on Administration lor Attitude Toward Development of American Business Abroad.

DECISION EXPECTED SOON FROM JUSTICE RODENBECK T- URGES RE-ELECTION OF GOV. WHITMAN; COMPLETES SECOND CAMPAIGN TRIP 4 ff" given a verbal battering by Osborne, Stuart M. Kohn, ex-Justice Arthur A. Sutherland and other Stielow cohorts. Assail Gun Expert.

Before, a great crowd of 10.000 we are honest we pretend to be at I least and I believe we are. We con-Wrtom who Jammed the Broadway I fess that we have made mistakes In tha Auditorium. Charts Evans Hughes. Four years ago we quarrelled r- -v. Ji.

Republican Presidential nominee, brought his second campaign tour to a close with an hour's speech devoted to an extensive criticism of the Democratic administration and a summing up of the principles for which Mr. Hughes says he stands. His yplce worn and husky. Mr. 'Hughes departed at midnight on the special campaign train for New York OUr.

He 1 accompanied by Mrs. Hughes, who attended the masa meet- Touch Sensitive Plant at Botanical Garden and Bud Withers from View Mr. Hughes speech, which me i Bnn Woht Republican nominee at the end of an arduous day- of yOP president of the United States." speeehmaklng at 13 towns alonsTthe southern tier, was frequently and en- mr' sswa. thuslastleallv cheered br the audience. (Charles Evans Hughes mM: "Fellow His voice seemed to carry to the cttisets: They say that the place to IrSVVvJlce'rVryirs hall, for the persons on the edges of aro snd hav, com to flnd the.

crowd listened quietly and atten- mm jn doubt durlna; the past tlvely. I few days whether I should be able to Fcept In that portions of hi ad- I apeak to you tonight. The privileges si 1 I 1 I-1 I 1 I 1 I I I I 1 I I 11 1 I I I I IIHHt CHARLES E. HUGHES IN ACTION AT THE BROADWAY AUDITORIUM IH I I I I i 1 I I I 1111' i 1 1 I 1 I 1 I i Jiy Staff Correspondent. ROCHESTER, N.

October 1. Within a fortnight Charles F. Stielow, snatched five times from the threshold of the electric chair, will know whether he is to be electrocuted tor the slaying of Charles Phelps, a wealthy farmer, or Is to be given an other chance to prove his innocence. At least the legal forces at the close of the bitter four-day fight here late yesterday were of the general opinion that Justice Rodenbeck would decide as speedily as possible if the "dumb farmer" should be plven a new trial. Dramatic Climaxes Many.

The unprecedented struggle for the condemned man's life, concluded in extraordinary term of supreme court after a succession of eleventh-hour dramatic climaxes such as the legal arenas of New York state have rarely It ever, staged. In the frenzied flght, for and against, the new trial. Erwin King, vagabond peddler, whose confession, which was later retracted, tended toward absolving Stielow of all blame, was produced upon the witness stand and questioned personally by Justice Rodenbeck In a Anal effort to determine whether his tale was a hoax or the truth. Unsmiling but unperturbed, and apparently enjoying the position of being the target of thousands of eyes. steadfastly clung to the assertion that he had nothing to do with the perpetration of the Phelps-Welcott murder, and that he was even ignorant of the location of the Phelps homestead.

He excused his giving of the confession of Implication and his stamping of it as untrue, by declaring that he did not swear to it In the legal way. you swear under oath to the truth of that statement?" demanded Jams W. Osborne, famous criminal expert, one of the foremost Stielow workers, In tones that thundered through the packed courtroom. wasn't sworn," drawled the grey-haired, crafty-eyed horse-dealer. "I wasn't told to hold my hand up.

They Just asked if It was true, and I said This was the only excuse of the man who projected himself Into the and then startled further with the declaration that it was all fiction, even If it had been made under oath. i il hi. 1 The only effect of King's testimony 'a good many times, but I didn't know was to stamp him as an Irresponsible Phelps lived there though." and a "dead Issue." Several lawyers Knew In the proceedings contended that his i appearance neither helped nor aided questioned as to Clar-Stlelow ence Connell, the man in Auburn The opposition forces to the appli- prison for another crime, who Kins cation for the new trial fought 'imp Heated at flrBt as the one who shot valiantly yesterday, but their de- fP 'and Ml Woloott er he at South Tark. The flower Is almost the perfect shape of a Pelican, the stem forming the legs, and the flower the body and beak. It may be seen In House No.

IS. The Goose Flower, which has attracted so much attention is also still blooming. The chrysanthemum plants have now been transferred from the prop- gating house of the hill to House No. 14 In the main conservatory, and are all In excellent condition. The indications point to a finer lot of chrysan-thenujns than tver before.

They have been completely rearranged in the flower house, and many interested vis itors are daKy watching the careful and scientific way In which the plants are being cared for. The cactus house also has been completely re-arranged in suoh a way that the plant show to better advantage, and the many rare varieties make a visit to the part of the conservatory most enjoyable. JUDGE TELLS MAN SUING SPOUSE TO She Had Him Arraigned Court Last Week for Non-Support. in THEN HE RETALIATED Brought an Action for Separation, but Judge Advised Peace. Bernhard Plotrowskl of Xo.

55 wk1 appeared before Justice aaha proceeding instituted by his wife Margaret Plotrowskl of No. 428 Wll- lett Street. The husband wn nrrentert ana arraigned In cltv court several days ago on a charge of non-support and ordered to pay 55 a week for maintaining his family. As a result he asked for a separation in Supreme Court. Mr.

and Mrs. Plotrowskl have a baby girl. Justice Wheeler decided that $3 iua Dy me rather every wrrn mr ner suDDOrt and fhftt ha would the case for two weeks He declared that Piotrowski should get a home established and should i make up with his wife as soon as pos- sible. He advised the lawyers of both I ruuva to iry to arrange a reconclllla- tlon. Robert W.

Farrlngton repre- "'eV man and former AssemMy- man Burczvnskl the woman. Seamen and Marine Firemen Will Await Word from Chicago Headquarters, George Hanson i on 11 ftfli it Moo AnU mfmt ur TAKE NO ACTION ON WAGE DEMAND local agent for 1 I i it fx? THREE-YEAR-OLD CHILD KILLED BY Jennie Paleterie of No. 143 Dante Place Meets Cruel Death. THE DRIVER IS RELEASED Witnesses Testified Girl Ban Suddenly from Sidewalk Beneath the Wheels. Jennie raieterle, 8 years old, of no.

14S Dante place, was Instamtly killed when she was run down by a delivery truck, owned and driven by William Freeman, 80 years old, of o. 29 cypresa Street, near her home yesterday. Freeman was taken to the Franklin Kstreet station, where after a statement he was released. Witnesses said the driver was Jogging the horse along near the curb with a five ton lo1 nn the waarnn. i ThiS child ran suddenly In front of one of the wheels.

A front wheel passed over ner stomach and a rear wheel was upon her body before the team could be stopped. AT STATE HOSPITAL Score of Patients See Lockport Man Hang Himself. Domenlco Constance, 24 years old. of Lockport, committed suicide at the State Hospital yesterday by hanging himself with his belt, were taking the man to bathroom with a number of other Patients. It is said there were so tnanv in mnm oh receive Individual attention and the man bad a noose made and a strap fastened around a pipe on the ceiling before he could be prevented.

A score of other patients watched the act. Constance had been in this country about two and a half years. He was iiinuiuuiin jui4181. un Cook lssud certificate of death by ulcide. HODSON TO HOLD Public Service Commissioner to Consider Several Matters on Friday.

Public Service Commissioner Devoe P. Hodson will hold hearings on Friday on the following matters in Buffalo: The petition of the Depew Lan- pany for permission to construct an electric transmission line In the town of Clarence. Petition of the same company for permission' to construct an electric transmission line in East Hamburg. Petition of "the" Ridge Road Gas A Oil ''Company and Charles B. Fuller for permission to transfer by sale the natural, gag plant of the company to Mr.

Fuller. Complaint of "truck gardeners at South Lima, Livingston County, against the En Railroad Company, asking that vuivcri unuer, me railroad r.near South Lima be enlarged. Also the complaint. of the East Buffalo 1 Livestock Association against the New York- Central Railroad Company Alleging Inadequate facilities. VE-TON ROCK HANGS HIMSELF HEARING 1 In power through our misfortune.

"This year we are all united; we have poeitlve assurances that every faction has been wiped out. There are only two parties and claim superiority for our. "Now. as' I said 'before, we with us tonight the man of the hour. He Is an old friend: he Is no stranger to us.

and he is our standard-bearer in this campaign, and will be the next President. He will talk to you eloquently and precisely upon the economic questions and the issue involved in this campaign as he alone ran. I take great pleasure in intro- ilttplitw te vmi th Vfonora.Klii CTha.rla of the campaign are many, and the demands tor utterance exceed all rapacity, but by the kind aid of good friends I have been able to work along and meet engagements, and as I speak to you tonight I am gratified to flnd that I have far more voice than I supposed' that I would have a few hours ago. "In the. renewal of old associations the Intervening years seem to disap- ipear.

I can 'hardly realize that six I years have elapsed since I ceased to 'have my official relation to the people of this State. I can never forget the meetings that have been held In Buf- fafcj. at which It was my privilege to 'speak. Purina; the past few weejee I have had the opportunity to speak to many vast audiences representing the power, the talent and the success of American life, but confess to you (that there Is a peculiar privilege In ramJng back home, and I do not feel a stranger anywhere In this State: certainly not in Buffalo. Say EMaTereaeee Ferarottea.

"I have the privilege tonight of apeaklng for the reunited Republican party. In the consideration of the grcatr exigencies Ot this time fpast differences iave been forgotten and we are erolnrc along forward In eolld phalanx to victory In State and Na-l tlon. It is not atarprleln-g to me. as i I look over the record of Democratic administration In this State In recent years that two years ago the peorple in thla State rose In power and In-taUed a Republican administration. I am glad to note the efficiency of that ad 1 rial rat I on, the high character of notable appointments to office and the Intentions of sound business principles In the management of departments.

I'rjree Waltamaali Re ton. I speak strongly for the re-election of Governor Whitman and the State ticket. The Republican party Is the party of progress. Our faces are toward the future. We are ineplred by the past, and we linger with pardonable pride upon the achievements hich constitute the record of the party.

But. we look to that record not to be contented with what has been accomplished, but to go forward to meet the exigencies of a new era. "I recall with satisfaction that It was under Republican administration that policies were adopted which aided i the great oeveiopinent or tnie country. I aleo recall with satisfaction that I when abases arose In connection with that development. It was through Republican agency that abuses were corrected.

I recall with satisfaction the amendments to the Interstate Commerce act which put an end to unjuet discrimination and the giving of Improper privileges) by tranaportatlon In the aid of monopolistic: practices, and the provision for the establishment, on fair hearinr. of Jnot and reaeoeable rat. The public health was protected by the Federal Pare Food and Drugs act. and by the Meat Inspection set necessities of labor were re-nerrbered particularly in con- I Tteetien with the occupation of those engaged by reiitoaas in interstate commerce in the enactment of amendments to the Safe'r Appliance act. providing fur safe appliances for the protection of Ufa and -limb.

Ia that connection aU we refer to the Hours of Service act restricting the hours of service -of employes engaged oa railroads In Interstate commerce, an. I also the Federal Employers' Liability act of 101 We recall the Aldrtch-Vreeland Cnr. rency of 1901. an act which, through application at the beginning of the KunMn wr aaved us from a financial panic roc were great acnieve- The greater part of the day was given over to a concentrated attempt apparently to prove as worthless the statements of Hamilton that he had found markings on the bullets which tallied with those In the Stielow gun. They impressed upon the court that Dr.

Gustaf Otto Adolph Herman Kell-ner and Herr Poser, microscopical experts of international note, had been unable to find the distinctive markings described by Hamilton. Justice Rodenbeck settled the ox-pert testimony uestlon to a great degree by announcing that before making his decision he will make a personal examination of the gun and bullets under a powerful microscope to see for himself if there exists markings. It was late afternoon when rebuttal argument was concluded and the court signified a desire to ask Erwin a few questions. An anticipatlve murmur eurchaged the court at this statement and there was an eloquent period of quiet, and until the bulky, sque lod of quiet until the bulky, squeaky-shoed and grKi maker and recanter of murder confessions waiked into the court room escorted by Sheriff Bart-lett of Orleans County. King Undaunted.

Justice Rodenbeck applied the regular oath to him and notified him of his rights. In answer to the Interrogation of the court King said he was 54 years old, that he had once been a country Justice of the peace and that he had been at a hotel In Knowlesvllle at the time of the Phelps-Wolcott killing. "Did you have anything to do with the killing of Phelps and Miss Wolcott?" asked the court. There was a minute of suspense in lieu of King's notorious chAngeable-ness. "No, sir! I never was there and don't know where tha farm la," was the reply.

"Have you any knowledge of who did commit the murder?" "I don't know anything about it," he averred emphatically. Here the court rested and Attorney Osborne sought to shake King's asser tions. 1 "Do you mean to say you don't kr.ow the farm, and that Phelps lived there?" fairly thundered Osborne. "No, sir! I have been up the road Osborne asked him if he had lied when he swore in his retraction statement that he did not know Phelps, or where he lived. King hedged, and then said he thought he had said that he had seen Phelps once, and not that he knew where he lived.

He could not account for his statement being in the stenographic report. During the Osborne quiz, King relaxed and laughed several times, but often showed signs of nervousness. He repeated in brief the statements of his repudiated confession, in which -he stated he and O'Connell went to the Phelps house and the murder resulted. King was questioned at length, but the quiz seemed to be productive of little, for he clung to his last story jthat he had nothing to do with the crime. He declared O'Connell lied (when he implicated him in the "job" for which O'Connell is now serving time.

He insisted he was at the Mon-tando Hotel in Knowlesville on the night of the murder, many miles away from the slaying, and that he hadn't seen Clarence O'Connell with a 22-caliber gun for two years before the crime. At the conclusion o1 of King's exam I natiori. Justice Roden beck asked for f- statement made to the coroner by Stielow. The court requested them, he aiu. inasmuch as it had been claimed Stielow had spoken untruths concerning his ownership of a gun, etc.

iWUl File Briefs. jusUce Rodenbeck also told both tVl, n.nM ar-ent brief nn- i til Wednesday of this week. He also received photographs of the Interior of the muzzle of the "murder gun" (Which were taken yesterday, after the experts haa testmec; as to now xney were obtained. Yesterday morning ex-Justice Sutherland voiced a magnificent plea for Stielow. after Thomas A.

Klrby of Prosecutor Knickerbocker's side had presented an eloquent opposition. Prosecutor Knickerbocker and his aides, 'among them Harold A. Blake 'and Frederic A. Thompson, declared Stielow had not been forced into mak-iing a confession through detectives, lor that ho had been offered immunity. It was also asserted that to grant a new trial would hinder in this State the orderly administration of Justice.

The prosecution also justified the statements of their gun experts. Throughout the f' days of argument, the feminine of Stielow 'workers and humanitarians was in evidence, among them Mrs. Grace tHumiston. New York lawyer, who worked with untiring zeal in Stlelow's ihebslf, and Sophie Irene Loeb. New York writer of note.

Ausna Appieoaum, to Humanitarian Cult, and founder of the a prominent figure in the fight, stated before lour. for New York that he was hope- ful of a new triall lflorlll David A. White. Stielow nf record, yesterday was hfghy com pi mentert Attornev tjsoorne Tnr conduct of the Stielow trial. Among the many Interesting specimens of plant life which may be seen in the South Tark Botanical Garden, there Is perhaps no plant which possesses such peculiar qualities as the sensitive plant.

This specimen, as its name implies, ia susceptible to the touch, and it is Interesting to watch the leaves and stems drop when they come In contact jjJth anything, whether It Is another plant or any solid substance. It is a native of Brastl, and is classed as a hot house annual. It has a very odd little pale pink flower, which Is now blooming. Commissioner Malone announces tht this Is one of the many Interesting spc. iiens which may be seen at the Conservatory at all times.

Just now. a great deal of Interest seems to be centering about the Btrthworth plant, which comes from Cuba. It is of the vlr.e variety, and is now blooming for the first time since it has been SHIFTS OF Desk Sergeants, Patrolmen and Probationary Officers Affected. THREE MEN APPOINTED Trio of Station Sergeants Get Transfers to New Locations. The following transfers In the police department effective at 6 o'clock last night, were announced by Chief of Police John 'Martin: Deak-Sergeant John E.

McNally, at present at the Louisiana Street station, will go to the Babcock Street station. Desk-Sergeant John P. Ma-loney will go from the Genesee Street station to the Louts'ana Street station. Probationary Patrolman Martin A. Braun.

William F. O'NeiL and Will-lam 11. Adam will be permanently assigned to stations seven, ten and eleven, respectively. Special John G. Percy, of Ihe Fillmore Avenue station, will go to the Broadway station.

Patrolman Will-lam E. Jordan, until yesterday on dury at the New York Central Station, will be assigned to the headquarters warrant squad. Patrolman John M. Davey will fill the position made va cant by the transfer of Officer Jordan. Asked his reason In the making of changes Chief Martin replied, For th good of the service." ments.

They were constructive enactment which have had much to do with our prosperity and with the satisfaction of reasonable demands of the community. "I have spoken In a partisan wav of partisan achievements, but. I am well enough known to the people of the Stat of New Tork to be tuily accredited when I tell you that my notion of party achievement Is service the entire community. "In my conception of the needs of this hour. I think I am speaking, in voicing the sentiment and principles of the party to which I belong, not simply for members of that reunited party, but for all ritlsens Irrespective of party.

We have reached, as I Indicated a moment agv a new period In our national life. We have reached a time when Important problems are economic problems. What intelligent student of our affairs can fall to look forward to the future with anxiety? I nave now an unneauny stimulus to iraae. we nave an abnormal situation abroad. Conditions which hve been created by the European War have brought about a verv extraordinary and abnormal demand for American product.

Labor Is devoted to the satisfying of that demand ten porarlly. and our opponents are endeavoring to make the most of thla nnhealthv rondl. I tlon brought about by a war which will not iasi inaeiinusiy. we cannot bat be concerned as we consider what may occur whea that war does end. when a newly disciplined and organised Europe tarns again te production and seeks to pay Its war bills by- Its products sold to this market, when American labor must be content with normal demand, and the purchasing power In- ConUnuca on rage 64.

1 ORDERS FOR GOOD DEPARTMENT tress constitated an answer to some tha questions submitted this afternoon by a Buffalo committee of Iro-tresaives, Mr. Hugaes made no formal reply to them. Neither did he heed questions that have been repeatedly flred at him through advertisements by a group of literary men, except that he stated his views on the Mexican situation. OitlelMM Mrjcn Polk-y. The administration's policy in Mex-ica and its attitude toward the development ot American business abroad were among: the things on which Mr.

Hughes laid much stress In his address. He declared the administration's record was one of broken promises. In the opening remarks of his peech. Mr. Hughes said ihe spoke "strongly for Governor Mr.

Hughes arrived in Buffalo on a special train' at :40 o'clock. Accompanying htm was the local subcommittee, which greeted Mr. Hughes at Dunkirk late in the afternoon. On the committee were William H. Daniels.

John Lord O' Brian. Dr. Conrad K. "Wettlaufer and Dr. George S.

Staiuiand. Dr. Wettlaufer is chairman of the Republican campaign committee. Escorted to Hotel. At the Exchange Street station, Mr.

Hughes was met by a delegation, which escored him to the Iroquois HoteL At o'clock the big delegation that was to accompany him to the Broadway Auditorium began to gather. Mr. Hughes met many proml-inent Republicans in the lobby of the hotel, before departing for the meeting. Red lights, bombs and fireworks mblasoned the. line of march to the Auditorium.

Members of the reception committee, the Uncle Sams, and the vice-presidents of the meeting marched to the Auditorium as an escort. The Auditorium was especially decorated for the occasion. American flags being In abundance. Mr. Hughes' appearance at the Auditorium was the cue for an outburst of cheering that was soon hushed by the band playing "The Star Spangled Banner." The cheering was renewed when the band stopped.

County Chairman Herbert S. Sisson called the meeting to order, introducing Chairman Martin H. Blecher. la presenting Mr. Hughes, Mr.

BJecher said: CfeaJrata Bleeeca Reaaarka. Chairman Bleher said: "For the great honor which has been conferred ca me this evening I wish to offer my grateful acknowledgment, and for the opportunity offered me the second time to preside over so great and am I flee a tan audience brought together for the purpose of paying homage and our respects to one who la not a stranger to vs. It ie in reality a horot-ronttnc of one whonf we all admire, lore and respect, I rrr to the man of the hour, tho Honorable Charles Evans Hughes, and wo predict, osr next President of the United States applaase). "As I glance ever this magnificent adience, I must eonfeas that it is really a revelation to me. Here are assembled the brain and the brawn of ear great eomunity.

all roused to the pitch to re-etaliatt the government which we all aa dearly love, that of ftepuhlicaa. To eur friends, the Pro-prre the Democrata. and whatever party affiliations there may be repreaeated here, we bid a most hearty walcomew To the ladles who are assembled likewise, and we rejoice la the Interest that they are menifeetln in thle campaign. If It were not for tie ladles, fellow eitlaens. I dare say that we couM not enjoy the privileges of this beautiful country of ours, unless we bad the ladles with oe.

FHow CUiaena, w- are proud to be typed publican. We are termination was not second to those humanitarians, who insist that Stielow ivas convicted for that which another is guilty. Pour-Day Fight. For four days both sides battled unceasingly to drive home their points to Justice Rodenbeck, and when argument closed yestsrday with fervent oratory, here rested on the shoulders of the tribunal a decision, upon which it Is claimed will rest the future of criminal law in the Empire State. The prosecution, led by District At torney the man who (Obtained the conviction of Stielow, contended that the legal ratnc or i criminal lurlsDrudence will fall away i If Justice Rodenbeck, by allowing a new trial, approves the right of stay- lng an execution of death to be taken by the Judiciary instead of the exe- cutive.

The defense built up Its legal strongholds upon the claims of lawyers and humanitarians that the confession of murder had been forced from Stielow upon an offer of immunity from a prii'ate detective, either directly or by Implication. They pounded home through the ora torical efforts of their array of lawr yers, that the fair name of New York State stood in the way of being smirched, if Stielow was sent to the death chair without another chance to show he had been badgered into making tho incriminating statement. -The big guns of the defense were fired In late afternoon following the arguments presented by the prosecu- tlon. There was a flurry among the great numbers in the court room when James W. Osborne, celebrated criminal expert, came forward to rip down the walls of his opponents.

Points of Prosecution. These were the points he alleged and deemed collossal enough for the court to consider deeply before deciding: That promises of Immunity were made or Inferred, and the pledge not kept with Stielow. That the Jury reported a guilty verdict believing that the testimony of the prosecution's gun expert was uncontradicted, and that the bullets found in the bodies of the victims were traceable as having been emptied from the gun owned by Stielow. That had the Jury known, or had impressed upon them that Stielow was a man of "sick mind" and a mental deficient, the verdict result would have been different, and that there would have been a grave question in the minds of the jurymen that the confession was voluntary. i ivBumvny i jtho case was unworthy and could have been controverted had the defense I had experts on bi side.

Detective George Newton, ot a private agency, who it la alleged was the Stielow luuicimiimu naiviuci auu Aiucn Hamilton. Auburn expert, were i i I thel681" Light, Power Conduit Com Km -Marine Firemen of the Great Ikes. said last night no action in regard to the demand for more pay would be taken untH word was received from the union's headquarters In Chicago. In July last the union asked for an Increase of wages. No definite sum was set.

but because the difference between what was expected and what was finally granted by the employers wa so small nothing was done and the men remained on the Job. This fall, however. It is a totally different matter. The union has asked that its members be paid $15 a month more; the employers agree to pay IS more. Yery long, the officers of the union in Buffalo expect that the employers wilt make further concessions.

they do not all means will be used to-get 'What is -wanted, they $..