The Leavenworth Times from Leavenworth, Kansas • Page 1

IAYENWORT THURSIL 29 190a POLICE GILLETTE TELLS THE SAME! STORY? HE INVESTIGATED BROlSilLLERl; PRESIDENT RIGHT SIpiSco II I If ill Ti I I MIM 1 It a II A 11L1JVI. OT UUWVA AN OUTLAW CHIEF KILLED BYTROOPS TRAGIC STORY ON IS ACCUSED OF MURDERING HIS SWEETHEART, GRACE BROWN. SAYS SHE JUMPED INTO LAKE MOST SENSATIONAL CASE IS NOW RAPIDLY DRAWING TO AN END. Events of Trip Into the Adirondacks and the Last Ride on Water Are Rehearsed Before the Jury. Herkimer, N.

Nov. E. Gillette, charged with murdering his supposed fiancee, Grace Brown, of South Otselic, today, took the witness stand in his own behalf. With face somewhat drawn, but attitude as carefree as the most unimportant witness in the entire case, Gillette crossed his legs, gazed at the jury began to tell his story of the ill-fated trip that he and Grace Brown took on Big Moose Lake. After going over his youthful career, which carried him through the West.

Gillette said that he had been in the employ of his uncle, H. N. Gillette of Cortland since March, 1905. Rehearses Tragic Story. In response to the queries of his senior counsel, Gillette then began his rehearsal of the tragic story that other witnesses have endeavored to piece together.

"I left Cortland on Sunday, July 8," he began. "Yes, I had been acquainted with Grace Brown for some time. I went to De Buyter from Cortland and remained there one night. I met Grace Brown. The next day we went to Utica, staying at the Hotel Martin that night." "Did you have any talk with Grace Brown at the hotel?" askd ivlr.

Mills, of counsel for the defense. Gillette made; an affirmative reply, but on district attorney; the conversation that was alleged to have passed between the Brown girl and Gillette was not allowed to enter upon tne minutes. Trip Into Adirondacks. Then Gillette continued with the narrative of his trip into the Adirondacks. He testified that he went to a Utica laundry before starting northward.

"We reached Tupper Lake at 5 Monday evening," Gillette said. '-When we got to the hotel we' started out for a walk. Returning, we told the proprietor that we did hot care much for the place and he told us of a morning irain we could get out on. We took that tr.in." In his opening address Attorney Thomas for the defense, said he would show that Grace'Brown" was the one who sug? gested that they get off and spend the day at Big Moose, but when the witness reached that point in his story he made no allusion to what inspired to get off at Big 'Moose, after the girl's trunk had been shipped through to Old Forge. They Go to the Lake.

"We went to the Glenmore hotel in a bus," said Gillette. "Grace sat down on the veranda. I went In and talked with the younger Mr. Morrison. He told me there were some beautiful sights on the lake; that If I wanted to see ail the sights on the lake I'd better take a row-boat.

"We went down to the dock and hired a rowboat," Gillette went on. "We started along the south shore and moved along slowly. We saw a rustlo bridge, open camp and a boathouse and then we went to South May." (South Bay Is where Grace Brown's death, occurred." To illustrate his narrative, Gillette left his chair and indicated points on the lake and shore as shown on a map. He spoke of little incidents, such as finding a spring, meeting people in a boat, and, finally, took his story to the point where Grace Brown's body and the boat were found. End of Grace Brown.

"We talked about what we ought to do," he said, "and I said we ought not to keep on as we had. I finally said I thought her father and mother ought to know what had occurred. She said she could not tell her mother, and cried. I told her she would have to. She said, you don't know my father; you can't tell him.

We talked a little more, then she got up and jumped in the water; put jumped in. I was on the other end, leaning back. When I started to get up the boat turned over. When I came up, I caught hold of the boat." "Did you see her?" asked Mr. Mills.

"I could not; a couple of minutes when I couldn't see her I swam to the shore. I went off through the woods with my stuff. I had landed near it. My hat was In the water, I guess." Denies Striking Girl. He told of going through the forest and of striking a road, meeting two men in one place and a third farther on.

About the tennis racquet, he said that It was in the way. "I had my suitcase," Gillette "and I decided to put the racquet away. I put it under a log in the woods a little way from the road." Gillette told of visiting Eagle Bay, the Arrowhead Inlet and his trip to Seventh Lake. "Chester, did you strike Grace Brown a blow or do anything wilfully to cause her death?" asked Mr. Mills.

"No, sir," said Gillette. Gillette swore that it was on Grace Brown's suggestion that they left Tupper Lake and that because she knew of a friend who had been at Big Moose, and liked it, and wanted to go there. WITH ESS STAND WILL PROSECUTE GEORGE KELLY iriE VETERAN NOW IN COUNTY JAIL FOR ATTEMPT- ED BURGLARY. 3 DISCHARGED FROM HOME IS NOT KNOWN WHAT EVIDENCE, IF ANY, AUTHOR- ITIES HAVE IN CASE. Are Inclined to Belief That Kelljj and a Citizen Confederate Com- mitted the Many Burglaries Recently.

George Kelly, the veteran of tKa Soldiers' home who, as stated in last Sunday's Times, was arrested -by. Guard Rafert of the Home police, early last Saturday morning whila hiding under the porch of barracks, has been placed under arrest by Sheriff Meyers on a state complaint charging him with attempting to burglarize the barracks. Rafert, the guard who placed him under armrest, was the one who swore to the complaint. Deputy Sheriff Doidge went to the Home yesterday and brought the prisoner to the county jail. I It will be remembered that early, last Saturday morninng uard Rafert found Kellylying under the porch of barracks.

After he was arrested Veteran H. G. Walrath of the barracks appeared and stated that just before the guard caught Kelly a man was seen by him peering-into the window of the barracks and Walrath claimed that he pulled an. old style erman pipe on the fellow, using it a one would a revolver and that the man then ducked under the porch. Walrath was sure there was another man with the fellow who looked into the window.

Just what evidence the Home police have which causes thenr to think they can convict Kelly is not known, but it is the theory-that he had a confederate, a citizen; that the' ywo" robbed all of the barracks at the Home; that Kelly would locate the stuff and then come to' town and return with his confederate; that after the robbery the citizen, would leave the Home grounds by an unfrequented path, while Kelly would slip into -his barracks. Kelly that on. the night he was arrested November 23, he was trying to get into his barracks without being caught by the Home police; that he came to the Home on the last car. The difference in time between the arrival of the last car there and the time of Kelly's arrest has caussd the Home police to suspect that Kelly was out of his barracks for. the purpose of robbery.

Kelly will probably not be arraigned before Judge Flynn until tomorrow as today is a holiday and there will be no court business. He was dishonorably discharged from the Home by Governor Cooke and then held for the sheriff. WANTS COLLINS PARDONED An Appeal Made to Governor Hoch' Others Seek Freedom, 1. Topeka, Nov. 28.

The usual rush for "Thanksgiving day pardons" is on at the office of Governor Hoch. For some reason, people have the idea that when the holiday season comes around, the heart of the governor softens very materially, and that then is the time to go gunning for pardons. About a dozen people called upon the governor today to urge the granting of pardons for- their friends. Many women came to plead for the releasing -of husbands, brothers and other relatives confided at the state prison. Among others, Grace Collins renewed her plea; for for her brother, John Collins.

Fred Slater appealed for a reopening of the Willie Sell case, which was heard and refused about a year ago. Application was also made on behalf of C. C. Os-bon of Holton, twho killed Charles Hamble, a prominent lawyer, whom' he accused of ruining his daughter. Osbon couldn't get any lawyer to take a case against Hamble, because Hamble was a member of the bar, and so he got a gun and took, the law into his own hands.

He is serving a term for murder in thje second degree. FIRE DESTROYS Evidence That There Is Prejudice Against Establishment of Ne- gro Schools. East St. Louis, 111., Nov. 26.

A large brick bullying at 1400 Missouri avenue, which was leased last week by the board of education for a negro school, was destroyed by fire today, and there la evidence that prejudice against the establishment of a school for negroes, caus the building to be set on fire. Late last night building was discovered to be on fire, but prompt action saved It. The firemen found rags soaked with oil on. the second floor. The destruction of the building today; marks the second building leased for.

negro school, that has been burned with-; In the past two weeks. The board of education two weeks ago leased, a building for a negro school an It was immediately destroyed bjr flr NEGRO 5C TELLIES' UP TO THE JURY To Decide Whether the Soldier Must Hang for; the Murder. 4 POLLOCK CHARGES THE JURY In Arguing His Case District Attorney Bone Quotes, "An Eye for an Eye and a Tooth for aToothV Topeka, Nov. murder trial of Robert Tellies for killing Martha Arterbridge- at Fort Riley was finished today. The case went; tfrketf-tim-- after noon.

The jurymen omTto lunch, then 'went to their room to decide upon their verdict, In closing the case for the government, District Attorney Harry 'Bone made a strong rplea for a "hang" sentence. "Thisiis cases," he said, "in which the justice that ought to be rendered is that spoken of in the Bible an eye for an eye and a tooth for a tooth. Penalties like those prescribed in the Bible will do more than anything else to prevent crime. This man forfeited his life when he shot that girl three times in the back. I believe you will decide that he had forfeited! his right to live, and I believe you will be justified in bringing in that kind of a verdict." In making his charge to the jury, Judge Pollock explained that in case of a conviction it lay with the jury to decide whether or not the death penalty should be inflicted.

"The statute as originally enacted provided that the penalty for murder shouid be death," he said. "Later, however, congress placed it in the power of the jury to decide between the death penalty or imprisonment for lite. There are four possible verdicts which may be brought in. They are: 'Not 'guilty as charged, without capital 'guilty as and 'guilty of "If you decide that the defendant is guilty, consider well whether or not there is any feason why the death penalty should not be inflicted." The next case on the lowing-the Tellies trial, is the suit of H. E.

Downing against the Missouri Pacific railroad. Downing, who 1 lives at claims $6,000 damages' for injuries alleged to have been1 received while a passenger on Missouri Pacific train. Fred S. Jackson, Attorney General-elect, anil Jonn Dawson appear for the complainant DESTROYED Roburit Factory Completely Wiped Off the Face of the Earth One Hundred Wounded. Berlin, Nov.

28. A roburit factory near Wit ten, "West was wiped from the face of the earth. Many were kill-certained. People say it is far above People say It is far above 50. About 100 persons were wounded and have been conveyed to hospitals.

The explosion was heard throughout the surrounding country, which is thickly settled. All windows in the adjacent town of Annen, were broken by concussion and many houses were unroofed. No house escaped injury. The inhabitants of the Immediate neighborhood fled expecting an explosion in the vaults of the factory. is an explosive of high power composed of palt petre, 'ammonia, sulphur and other ingredients.

it is not easily exploded by a blow and it can be burned with safety in the open Its power is second to that of dynamite. In the town of Annen nothing was left but a heap of ruins. 'PA I I Kfflff'f. 111 1 I I 'VI, 7i TOWN OF A1EAI GENX NETTLETON SAYS IT WAS COWARDLY CONSPIRACY TO TERRIFY, AND KILL UNOFFENDING MEN SAYS EFFORT TO MAKE MARTYRS OF DISCHARGED MEN IS GROTESQUE. Denies Story of Riot and Street Rows Doubts Whether an Opposing Shot Was Fired at Negroes.

Brownsville, 28. Because the apparent misunderstanding in portions of the country" of the facts, which called forth the order discharging the, three companies of colored troops recently stationed here, and in view of the resultant criticism of the President's course in the matter, the citizens' committee of Brownsville, recently requested General A. B. Nettleton, of Chicago, formerly assistant secretary of the treasury now here on the way east, to make a thorough and disinterested investigation of the Brownsville tragedy of August 23 and report his conclusions. Geenral Nettleton has embodied his findings in a letter to the secretary of war.

He says, in part: A Just "An absolutely unprejudiced investigation made after local excitement has subsided, convinces me of the justness of the conclusions reached by the two army officers sent here by the war department on the strength of which the President took his action, as well the and temperate statement published immediately after the tragedy by Chairman Kelly of the Brownsville Citizens' committee." After summarizing facts heretofore published as to the killing and maiming of the chief of police and the firing of volleys into and thro' aloons, hotels and many private residences and the terror of the. inhabitants, the letter continues: "Well attested evidence is that the colored troops were treated here with the same consideration that colored soldiers of like bearing" in most garrison towns of the south; that on the other hand, the street conduct ot pome of them was often aggressively and causelessly insolvent toward (white men and women; that there (was no provocation for the.murder-jous attacks of the soldiers unless it can be called a provocation that the Bxinkers among them were provided twith separate bars in separate saloons and in some case insolence was Iresented by individual citizens, both, pf which happened to be republican, jfcderal officers. There was no riot fend no street rows, as' many newspapers persist in calling the occurrence. A Most Cowardly Attack "It was simply a cowardly conspiracy1 to terrify, wound and kill unoffending- men, women and children at the hour of midnight Twhen defense or resistance was impossible and was not even attempted. Evidently not an opposing shot was fired." General Nettleton's letter sharply raised the question on what were the fwhite officers of the garrison doing on the night of the raid and closes thus: "In view of the facts as I find them here the persistent attempt on the part of some to make martyrs oi the discharged men would be appalling if it were not grotesque.

The conspiracy of silence on the part of all men of the battalion prevents the government from punishing the previous conspiracy of violence and murder and the separation of all alike from the service which they have disgraced, becomes inevitable. I believe no course other than the one which' the -President has pursued; or is, open-to- him1 unless all semblance of a decent disci pline in our army is to be ended and unless every American community north and-south alike, is- tp be given cause to dread the proximity r.from me ai iuuuj a 'ii vvuihu iiiai ui an encampment of armed and uniformed assailants. WANTS AN EXPLANATION War Department Investigating Statement Credited to Major Penrose. Washington, Nov. 22.

The war department has caiied on Major Penrose of the Twenty-fifth regiment, at Fort Reno, for an explanation of the statement alleged to have been made by him, in a newspaper interview, to the effect that the dismissed battalion of-that regiment was the best battalion in the United States army. Penrose Would Not Talk. Oklahoma City, Nov. 28. -To an Associated Press correspondent.

Major Penrose, of Fort Reno, tonight said: "I am being investigated and any report I have to make will, be sent to Washington. I have nothing to say Major Penrose declined either to confirm or deny the report that he had characterized the discharged ne-Igro troops as the best battalion in the United States army. Mrs. Carey Committed" to Jail. Philadelphia, Nov.

2S. Mrs. Mary Cary of this city, who was arrested last night on suspicion of having caused the death of two of her children, her husband and two other persons by poison in order to collect the life insurance, was today given a hearing before a police magistrate and committed to prison to await he action of the coroner's jury. ACCEPTING REBATES CHARGE BROUGHT AGAINST OIL COMPANY, WITH SEVENTYTWO COUNTS CHARGES RAILROADS CAR-. RIED OIL AT JOINT RATE.

Covered Peripd of Three Years-Maximum Penalty That May Be Collected Is Given as $1,520,000. St. Louis, Nov. 28. The federal grand' jury returned two indictments; with a total of seventy-two counts, against 1 tne' Waters-Pierce Oil company today, charging it with accepting rebates and discriminations in legal freight rates on shipments of oil, violating the interstate commerce law and the Elkins act.

If convicted on all counts in 'the indictment the aggregate maximum penalties that may be collected is 000. 1 It is asserted that the are returned upon facts discovered bv James R. Garfield, commissioner ci corporations, and published by in his annual report of May 2, 1906. One of the indictments taking twenty-tone separate counts, each of which alleges a separate arid distinct violation of the law, charges that the Waters-Pierce company at stated times shipped carloads of oil from St. Louis to Alexandria, at less than the lawful rates, using the lines of the Missouri Pacific railroad, At Less Rates Than Fixed.

It is charged in the indictment that, the Missouri Pacific formerly had in affect a contract for 25 cents per hundred, on shipments of oil from St. Louis to Alexandria and that subsequent to the establishment of the 25 cent rate put in a 30 cent rate, which would "have cancelled the old rate. It was charged that up to January 1, 1006, the Missouri Pacific continued to carry the shinnjerits the Water Sf Pierced-conrpany at the -rate jof 25 cents per 100 pounds, while its. competitors were compelled to pay the 30 cent rate. Some of the Waters-Pierce' company: shipments were carried, it is alleged, at 235 cents as against the 30 cent rate charged competitors.

The second indictment contains fifty-one counts. Each count alleges that a carload of oil was shipped by Waters-Pierce over the Missouri Pacific lines to thence over the Southern Pacific to eleven different towns in Louisiana; at less than the rates filed by. the roads, with the Interstate Commerce commission. Each a Separate. Offense.

These rates it is charged were conspicuous and well known and ho shipper competing with the Waters-Pierce company had any reason to expect that there was a lower rate than the joint tariff that had been filed with the commission. During this time the Missouri Pacific had in effect a 15 cent rate to Alexandria, for "beyond which was applicable for shipments beyond that point. The Southern Pacific rates from Alexandria' to the "beyond" points were not filed with the Interstate Commerce commission, it is alleged and not made public under the federal law, but by means of this 15 cent rate to Alexandria, plus the local -rates of the Southern it was possible for the Waters-Pierce company, in using the combined rates, to ship oil from St. Louis to the Louisiana towns at a lower rate than the first mentioned through rate. These rates were made, it is alleged prior to and continued up to July 1906.

"Under the provisions of the federal laws, each shipment of a carload of oil at less than the legal rate is a separate offense and punishable under the Elkin's act by a fine "of not less than $1,000 nor more than MRS. GAM EWE LL DEAD Expired at Her New York Home of Paralysis Was in Pekin Siege. New York, Nov. 28. Mrs.

Mary Q. Porter Gamewell; wife of Dr. Frank D. Gamewell, one of the secretaries of the Missionary society of the Methodist Episcopal church, is dead at her home in Summit, New Jersey. Mrs.

Gamewell was "sent by the Woman's Foreign Missipnary. society of the Methodist Episcopal church, as a missionary to Pekin, China, in 1872. There she was married to Professor F. D. Gamewell of Pekin university.

Afterward she went with her husband to West China, but they were soon driven out by an uprising. Mrs. Gamewell was mobbed by several hundred Chinese during the temporary absence of her husband from the house. Shortly afterwards she came to New York much broken in health. When they returned to China, Mrs.

Gamewell 'and her husband again began work in Pekin. Here they were caught in the siege at the time of the boxer uprising, Dr. Gamewell haying in charge the fortifications during the legation siege, and Mrs. Gamewell rendered services in making sarid bags and in other ways. Dr and Mrs.

Game-well came to the 'United States shortly after the siege was raised. Mrs. Gamewell has served greatly from nervous breakdown which cul minated a few weeks ago, in paraly-j 619a STILL TESTI IN LAND CASES Is the Government Charge Against Nebraska Land and Feeding Company. RICHARDS TOOK ENTRIES Testimony Shows, That the Men Charged, Provided Other Persons With Money to Build on Property. Omaha, Nov.

28. Testimony was introduced today at the trial of Bart-lett Richards and W. G. Comstock, of the Nebraska Land and' Feeding company, and their employe, for alleged land frauds to show that at the time the Kinkaid law wj.nt into effect, Richards looked after the entries at the Alliance land office, while Comstock was similarly engaged in the Valentine district. The first witness was James Mc-Elroy, of Gordon, who I said: 1 did some work for Comstock in 1904.

This work was building houses on the lands within the Spade ranch. 1 he contract called for bunding houses twelve by fourteen at $65 per house. I built about fifteen of these houses. I paid for everything except the freight on the lumber. I was told to build them where I found the lumber piles on various sections of the ranch.

I was paid by check on the bank for the work. The check was sent to the bank of Gordon. The houses were built of ship-lap sides, single roof, one door and one half window. "Prior to June 18, 1904, I had talked with Comstock filing on lands, and I said I would try it. He wan ted to know if I had a few friends who would like to file and I said -I could get a few; but.

they did not have any money. He said he would let them have money to file. "A party of seven or eight of us went to Valentine to file. The expenses were paid by Comstock. I made an accounting to him for these expenses, for railroad fare and board and sent him the bill and it was paid through a check on the bank sent to me.

McFJroy said Comstock furnished the money to pay for the filing he made and took his note for forty dollars. This note, the witness said has never been presented for payment. He said he had never done any plowing or other cultivation of the land or any improvement other than the erection of a building." John F. O'Neill, of Gordon, Clyde R. Beckwith, of Valentine, C.

T. Savaga, an employe of the Spade ranch, owned by the Nebraska -Land Feeding company and G. W. Campbell, of Gordon, told of making filings under the Kinkaid-law at the suggestion of Mr. McElroy.

SIXTY STRIKERS IN BRIG Newport News, Nov. 28. Blue jackets ashore from warships in the harbor, say that about sixty stokers are in the brig aboard the armored cruiser Tennessee, because they refused to work when that vessel was put under forced draft Monday while the Tennessee and Washington were convoying the. battleship Louisiana, bearing the. President home from Panama.

Officers ashore decline to discuss the matter and it is impossible to get aboard the Tennessee tonight; Another report is that trouble -occurred on the cruiser Washington, which was supposed to have dropped behind during forced draft run because of the accident to machinery. Defeat of Reform Spelling. New York, Nev. 28. The efforts of "William H.

Maxwell, superintendent of public schools to have simplified spelling Introduced in the public schools in greater New York, were defeated today at a meeting of the board of education. vote for the adoption of a list of three hundred words embodying the proposed reform which had his support was overwhelming. Thirty-two commissioners voted against him and only four commission were with him in favor of simplified spelling. Governor Curty of the Island of Samar Reports Desperate Fight. TWENTY OTHERS KILLED The Governor That the End of Outlawry on the Island of Samar.

Is Near at Hand. Manila, Nov. .28. Governor Curty of the Island of Samar reports a desperate fight between Fulajancg and volunteers near Albalate, Pedro de La Cruz an outlaw chief, was killed and twenty of his followers were wounded, the remainder of Cruz's band was dispersed. Cruz was second in command of the Samar bandits.

He was recognized as a desparate character and had been fighting since 1896. He refused to surrende to the Americans. His followers believed him to be invulnerable. Governor Curry says that the end of outlawry in Samar is near. Thanksgiving day is being quietly observed in Manila.

There was a meeting of Americans at the Ayuntamiento presided over by General Leonard Wood. The baseball, season was also opened. ROOSEVELT IN GOOD SHAPE Bottom Is Slightly Damaged Sails for New York Today. Sydney, N. S.

Nov. 28. An examination into the conditions of the Arctic steamer Roosevelt, disclosed the fact that she is in much better condition than was thought. Her bottom was found only slightly damaged. The planks are in good position, two flanges of the propeller are gone, but the steamer will not need repairs before she resumes her voyage to New ork.

Captain Bartlett expects to sail tomorrow for New York. KLINE LEADS FIELD In the American Short Stop Champion Ship Tournament. New York; Nov. Tom Gallagher tonight defeated Edward McLaughlin, local player, in the American shortstop championship tournament at 18.2 "billiards, 400 to ,361. "In the afternoon game Harry P.

Kline of Philadelphia beat Frank Hoppe, of 1 this city, 400 to 82. This was Hoppe's last chance in the tournament, in which he lost all of his six games. Kline now leads the field with four straight victories. SENTENCE SERVIA OFFICERS Son of Gen. Maximovitch to Serve Ten Years for Plotting a Revolt.

Belgrade, Servia. Nov. 28. Captain Maximovitch son-in-law of the murdered General Zankovitch, was sentenced by a court-martial today to ten years 'imprisonment, and three other officers and twenty-six noncommissioned officers were condemned to terms varying from five to twenty years imprisonment, on the charge of plotting a military revolt, on a large scale. iPeary'ls Now Home.

Washington, Nov. 28. Lieutenant Commander Robert E- Peary, returned to -his home here tonight after his long absence bri his Arctic expedition. He, was accompanied by Mrs. Peary.

"In an interview he reiterated his view that "if the" North pole is- ever attained the discover will have to reach there by means of dog sleds. He said he was not expected to report to the navy department for a month yet and he intended spending a considerable time resting Up..