Casper Daily Tribune Newspaper, October 3, 1923, Page 1

WYOMING: unsettled = in day generally warmer. OLUME VIE, Overwhelming Defeat at OKLAHOMA CITY, the state election boar yesterday’s §] . Walton. Sane order was granted after the executive's petition was filed before Judge Tom G. Chambers, Jr. It en- joins W. C. McAlister, secretary, | Jonn P. Logan, “deposed” chairman, Yra Mitchell, newly appointed chatr- man and Claude Baker, member, from certifying the returns of “the | pretended election” to the secretary ‘of state. The action was brought Sy Mr, Walton as governor. OKLAHOMA CITY, Oxla., Oct. 3. OKLAH sociated Press).—Op: scored a sweeping vic Jar election ever By a deci passed empow 1470-16 YEARS N STATE PEM 7Severe Penalty Is Meted Out to Man Convicted On Rape Charge. Jay Jacklin, convicted on a rape charge by a jury in criminal court Monday, was sentenced yesterday by Judge R. R. Rose to serve from 14 to 15 years in the state peniten- tiary at Rawlins. The crime is punishable by a sentence of from one year to life. M. F. Ryan, attorney for Jacklin. filed a request for a stay of execu tion which was refused by the court The jury in the case of G. C. Kelly, charged with violation of the Uquor laws, disagreed after being out five hours yesterday and was discharged by Judge Rose. Kelty was charged with having made sales of liquor at a pool hall in Evans- ville. ‘The case will be retired today. (ta ah a ‘STOKES’ TRIAL IS POSTPONED NEW YORK, Oct., 3.—The second trial of the divorce sult brought by W. E. D, Stokes, wealthy realty operator, against Helen Elwood Stokes today was postponed until next Monday. MADISONVILLE, Ky. at everybody within sight. whilMthe wounded men tweer the penitentiary Mean- lying be- and the Fair tonight except southeast portion; warmer in northwest portion. Thurs- fair and somewhat A Newspaper for All the Family, Clean, Unbiased, And a Booster for City, County and State: WALTON DEFEATED AT POLLS VERDICT OF VOTERS BLOGKED BY EXECUTIVE THROUGH INJUNCTION Polls Followed by Order From District Court in Oklahoma Holding Up Official Election Certification. OE ee ae The sat i — restraining order preventing Se aca Nontey feor certifying the returns from ecial election was issued in state district court here today on application of counsel for Governor J. —(By The Associated Press).—The state capitol was again under guard of state troops today. Frank Carter, chairman of the state corporation commission, declared it was his un- derstanding that the guards were under orders to prevent certification to the state election board of re- turns from yesterday's state election. No explanation of the guards’ re appearance could be obtained from the adjutant general's office. TY, Okla., Oct. 3—(By The As- eae Scceita of Governor J. C. Walton tory yesterday in the most spectacu- held in Oklahoma. _ sive majority a constitutional amendment was ering the state legis! ature to meet on its own to consider, impeachment charges against the governor. Despite the executive's proclama- tion postponing the election and his threat to block it by armed force, opposition” was negligible and the balloting. proceeded peaceably, ex- cept for minor instances, through- out the state. Complete returns from 1,393 out of 2,837 precincts in the state, as tabulated by 4 o'clock Oklahoma newspapers showed the count for the legislative proposal: for 147,269; against 37,404. The overwhelming success of the measure, however, is believed to the defeat of the five other con- stitutional amendments, including In only three counties, according soldiers bonus. to reports was the election wholly prevented. These were Cimarron, and Harper, where the non-arrival of supplies made balloting impos- sible; and Delaware, where the civil authorities barred the election in compliance with Governor Walton's orders, | ‘The sheriffs setxure of supplies in | Bryan county did not interfere with the voting there. Led by Federal Judge R. L. Williams, former gov- using makeshift ballots and deposit- ing them in “home made” re- ceptacles, [BALL scones |BAIDGE IN GOOD SHAPE SHORTLY National League j ee ea BEFORE WRECK, AAILADADERS OMY Marquard, Fellingim; Oeschger and} O'Neill, Gibson. | First Evidence in Coroner’s Inquest Over Disaster | Victims Held in Caboose at Cole Creek; Section Men Testify. In the half dusk of settling night the coroner’s jury in American League | St. Louis ---_002 = Converse county gathered yesterday in a dimly lighted ang tieries—Uhle and O'Neill; Kolp | caboose near to the wreckage of Burlington train No. 30 At Philadelphia— jin Cole creek and there began its inquest into the deaths | Washington _.000200 — jof the many who last Thursday at 9:14 p. m. perished Philadelphia _.043 002 — |nearby. mua: Hater ioe, ose i ‘Two Burlington officials whose , question concerning the depth of} the water in Cole creek that it was not more than 16 inches deep at the most, and that previously he witnessed more threatening storms and thought nothing of the storm! that night. In fact, both witnesses stated that at the time they made| duty it is to daily inspect the road- bed and track of that line in this) part of Wyoming, were questioned | |by Coroner Hofmann and members jof the jury. W. E. Waygood, roadmaster, de- kins. Se CASUALTY LIST KNOWN DEA! John Fargo, address unknown, member I. W. W., Sullivan post 313. D. E. Schultz, baggageman and expressman, Casper. Nicholas Schmetz, Douglas, Wyo., drowned. J. Klove, brakeman, Casper. W, J. Nource, Gunnison, Colo. Albert Hill, colored, Dodge City, THE MISSING: Charles A. Guenther, "yo. M. D. Montgomery, Denver. R. G. Neill, salesman for Carter, Rice & Carpenter Paper Co., Denver. James Cogin, Model, Colo. 0. E. Gahns, Denver. H. Watkins, negro porter, Casper. Guy W. Goff, conductor, Chey: enne, E. J. Spangler, engineer, Casper. W. E. Hendricks, mailman. J. P. Jensen, Boise, Idaho, recent- ly of Glenrock, Wyo. Ollie Mallon, mailman. Jay Griswold, Casper. Mrs. Minnie Owens, Casper. W. Martin, Casper. R. T. Gierhart, Denver. W. 8S. Wilson, International Or- ganizer for Painters Union, Denver. W. BR. Douglas, Denver. William Hines, homesteader, Ogal- lala, Wyo. Ella Seales, Laramie. Douglas, Lander, enroute to ‘MARSHALL BOWER AND Che Casper Daily Tribune FINAL | EDITION ~~ NUMBER 305. THREE MORE buw"tS FOUND IN WRECKAGE ONE VICTIM IS IDENTIFIED BY AN I.W.W. CARD Real Progress Now’ Being Made In Recovery of Bod- ies; End Is In| sight. | BY ARNOLD W. LARSON Death clings tenaciously to his gruesome victory in Cole creek. Six days have passed since Burlington train No. 30 heaped itself, car on car, in horrible inextricabil- | ity in a gurgling, rushing flood of quicksand 14 miles east of Casper. Bodies of Others Not Yet Removed From Wreckage of Smoking Car The buried smoking car of Burlington | passenger train No. 30 which pitaiaad into Cole Creek 15 miles east of Casper Thursday night today gave up its first tims, representing one body re- overed and two others which rescue: were striving to reach this afternoon. Digging into the wreck+ age at the top of the smoking car after a shattered express car had OF NATIONALS clared that on the night of the) creek bridge in a work train just three hours before the passenger train fell through it. He sald that at that time he observed the water in the creek and noted that it was not of unusual volume. The work train, he stated, passed safely over the bridge and that structure was then in good condition. |tragedy he had gone over the Cole WASHINGTON, Oct. 3.—National banks are forbidden by law from engaging in the branch banking | | | have been responsible in part for | | business, even within the cities in Which they are located, Attorney General Daugherty holds, in an opinion explained today to the joint congressional banking commission by Comptroller of the Currency | Dawes. Such banks may, however, extend facilities for receiving deposits and cashing checks within the limits of [the city. Comptroller Dawes re- ferred to these facilities as “tellers’ | windows” and intimated that no lother functions, such as making loans or purchasing securities, |should be carried on at these win- | dows, Section Foreman H. G. Kellner was the second man to be ques- tioned. In testitying he said that men in his gang had passed down the track several times during the day but there was no evidence of the tracks being m any. way affett- ed by the rains. He went on to state that later that evening, at 8 o'clock, he himself had made a special trip to the Cole creek bridge. He looked at it thoroughly even made an investigation of the piling underneath which, he said, was at that time showing no strain because of the waters below. and| ! | thelr examinations there was noth- ing that caused either of them to be alarmed. Only now ts finite man making been derricked to one aide x: headway in recovering his to¥ men discovered a body and later two train. Men come dally by the hun-| more. ‘CHRISTIAN =GOKE ARE coi meters SeelOAFE AT HOTEL HERE at Douglas, the body of Ella Seals| recovered from the chair car early! yesterday morning, being used in Marshal! H. Bower and Christian Goke were not among the unfortun- ate victims of the wreck of the Bur- conjunction with the investigation. No verdict has been reached by the jury due to the prolonging of the! inquest. Death Saddens Campbell Home Guy Campbell, Jr., 16 months old son of Mr. and Mrs. Guy Campbell, died yesterday at the family home at Mills. The funeral services will be held tomorrow afternoon at 4 o'clock at Kellner declared in answer to a the Shaffer-Gay chapel. EUREKA, Calif., Oct. 83.—(By The Associated Press).—Alex A. Kels, wealthy ernor of Oklahoma, citizens set up| butcher, until recently believed to have been foully murdered on his ranch near Lodi. improvised election machinery by Calif., confessed early today to Sheriff W. F. Riecks of Stockton that he hired a strang- er from an employment agency September 12, killed him, burned the body and ar- Many citizens of Johnson county |COllect insurance approximating $100,000. mailed their votes to state election | board headquarters when election | he was a perfect stranger to me. I| last night's grilling. officials there refused to open the polls. proceeded smoothly under the I don’t know who it was I killed; got him in Lodi for the purpose.” Kels said, The confession was made| his wife if he confessed. In all other counties the election jin an interview with Mecks alone.) she would soon give birth to a baby jafter long grilling by Riecks and watchful eyes of hundreds of spe- | others. cial deputies commissioned to pro- | tect the voters. There was no in- stance of interference by members of the governor's state police force. Two, however, were arrested at Tulsa charged with carrying con- cealed weapons. The military forces did not ap pear. Replying to the statement of Rep- resentative W. D. McBee that his “despotic administration” no longer can be representative of a small part of the people because such an {Continued cn Page Seven.) BY FOUR CONVICTS IN KENTUCKY PRISON ROW wo Other Guards and Kitchen Worker Wounded at Madisonville; Mer Barricaded In Kitchen Oct. 3.—Four convicts at the state penitentiary at Eddyville, about 30 miles southwest of here, shot and killed two guards, seriously wounded two other guards and an employe of the penitentiary kitchen and barricaded themselves in the kitchen where a con- siderable time after the outbreak they were shooting Kitchen were crying for help while the guards were powerless to render them ald. The confession came as the de nouncement of a sensational murder hoax, nearly two weeks after elabo- rate funeral services had been held at Lodi, supposedly for Kels, and 24 after Kels' arrest at Eureka, 15 the climax to a man hunt of nearly ja week throughout the state for thim. Kels was arrested in a box lcar Monday night as he was at- |tempting to commit suicide by dis- jcharging a rifle with his toes. He readily admitted his identity, but persisted in a denial that he had |slain his companion and burned the PRISON GUARDS KILLED body, until he broke down under Kels asked what would happen to He said kept from her. He was promised that everything possible would be done to protect his wife, and then he asked to be alone with Sheriff Riecks. “I have always paid my bills and come clean, and I will come clean now,” he commenced, Riecks said. “You fellows have got it all figured out pretty well. “I was heavily insured, and I thought that was the best way to clean up. I figured my wife would get the insurance and I would never see her again. “I figured that she would get over the shock and be comfortably fixed, and I planned to go to Mexico. “The man I killed was perfect stranger to me. I got him in Lodi jit |ranged for the body to be identified as Kels’ so that the supposed widow of Kels could drove to a point about 15 miles away.” It was at the latter place where the body and the machine were | burnea. and he would like to have the news | Kels told how he placed the body in the car against the haystack and in the darkness piled hay all around He told how he used a candle to time himself so that he would have ample time to get away before the | flames started. After arranging the hay around the machine and the dead body of the stranger he told of hiding the candle in such a way that when it burned out it set the hay afire. |Then he set out afoot and walked |to Sacramento, His story at this point in the narrative recounted his wanderings since the murder, told of his trip to Texas and back to San Francisco before he came here. Kels maintained that he never ex- pected to collect any of the insur- lington train No. 30 Thursday night Both are happily alive and staying at the Henning hotel. Mr, Bower has a story of a provi- dential escape from being on board the train. He had gone to the sta- |tion and was almost ready to pur- chase a ticket but his trunk had not come in from Salt Creek, and al though the baggageman promised to check it when it came in Mr. Bower replied that he “was in no hurry and willing to walt a day.” “I am satisfied to stay tn Casper for a while now,” he said to Ben | Franklin, drayman, a day or two later. MURDER HOAX IS CONFESSED Alex ‘A. Kels, Reported Slain, Admits Having Killed Stran- ger on California Ranch That Pseudo Widow Might Collect $100,000 Insurance Money BODY OF TRAIN WRECK AIGTIM SHIPPED 10 IOWA FOR INTERMENT CHEYE: NE, Wyo., Oct. 3—The dreds to watch other hundreds of men toil ceaselessiy at the dis-| couraging task of searching out tho! dead and prying and hoisting de-| molished cars from the sand whose power of retention {s unbellevable. | Finally the sun has been able to| send its reassuring and hope-in spiring rays down upon the gloomy seene. For four days following tho disaster «a plerceless curtain of clouds hung over the workers, spat tering them intermittently with cold rain whipped down by stiff winds. | By last night there had come al renewal of the intense , energy | poured forth by men who permitted neither sleep nor sufficient food in order to rush the discovery of the dend. Relentlessly the seepage waters and sucking sands had been attacked and pushed back but not until yesterday did the results of the immense expenditure of labor bear promise of an accomplished task. | All manner of apparatus and equipment was on the scene, work- ing from both east and west toward the clearing away of debris and the| resurrection of the missing. Pumps hissed streams of murky water from| the depths of buried cars. From, shovel to shovel sand was passed from the midst of cluttered seats out Into the calctmine glare of| carbide torch lights. } And now the end of the task tn Cole creek is near. Perhaps by sundown tomorrow night, when again the weariness of the day is taken softly into darkness, death will depart the selpuchre of sand he created and permit many more of the lost to be found and carried to a fairer and greener spot for the long rest that passes into eternity. | |remains of E. J. Klove, brakeman, |who met death in the Burlington wreck at Coal Creek Tuesday was shipped to Nevada, Iowa, for bur- | jal, after funeral services at the |famity home here. Mrs. Klove and daughter accompanted the body |to Nevada. HOPE FOR CONDUCTOR GOFF 15 ABANDONED CHEYENNE, Wyo., Oct. 3—Inves-| Commerce tigation has falle: to substantiate | @ report persistently circulated here Would “Abandon Two Proposed Railroad Lines | | | WASHINGTON, Oct Author- {ty to abandon operations on a 13 mile branch line between Clough Junction and Marysville, Mont., has een sought by the Northern Pa cific company from tho Interstate Commisaton of the branch Operation is resulting in the An I. W. W. card found tn the pocket of the victim removed late this morning {dentified him as Fred Fargo. The card bore no address and no other papers were found in his pockets which might {dentity him further. The body was wedged in the wreckage of the smoking car, access to which was gained by removal during the night of the chair car which has barred recovery work for three days. It was the first body to be taken from this car, which was badly smashed up. }_ The Low. w. |Fargo's body |him by Tom card found on had been issued to Sullivan of Casper, an Indicated membership in oll fiel workers’ organization No. 313. Sinc@) Sulliy an has left Casper it is prob- able that Fargo had made his home in or near Casper for several months. The body was clad in a red sweater and overalls and according to word received here {s in a good state of preservation, making further identification possible {f the man's friends or relatives are lo. cated, At noon today the body was in charge of Cotoner Chris Hot. mann of Douglas county and had not been removed from tho scene of the wreck. MORE BODIES TO BE REMOVED LATE TODAY The two bodies located t May but not removed from the wreckage of the smoking car Probably will be recovered late this afterneon, it was learned at 8 o'clock when the hoisting crane and other agencies were brought into play to secure thelr release. Both are close to- gether and lie in the wreckage cov ered by the floor of the mail car, the express end of which was cut off last night. Flame from acety lene blow torches has been burning its wi through steel and other ob structions since noon to ald in ef fecting a release of the bodies and is afternoon it was stated that crane would be attached to the or of the mail car, The Identity of neither of the two victims can be learned until they are removed. The back df one is exposed and portions of the body of the other can be The work presents an arduous task by reason of the smashed and twisted conce tion of the wreckage. A heavy tim- ber is lying across the body of one man and rescuers expect to find the A. Ss seen. loss of about $25,000 annually, the |remains man that Conductor Guy Goff, of Bur-|petition asserted and al! of the pop-| ‘The smoker carried the largest Mngton train No. 30 that plunged | ulation living along it can be served | number « sengers of any of the into Cole Creek last Thursday night |adequately from other railroad lines. cars of train, some estimates had been located at a sheep camp| The Northern Pacific also sought placing the number of victims trap- several miles down the Platte river |permission to abandon a branch line |ped within {t at nearly 25. On ao from the scene of the disaster, suf-|running from Helena to Rimin!, count of the demolished conditine fering from pneumonia. It is re-|Mont. This line, the application said, /of the car somo railroad men bad garded here as certain that Goff |serves only about ten families living |expressed the opinion that the bod- met death when the train was|at an abandoned mining center and les had been swept downstream and wrecked) is steadily lowing money. Continued on Page Seven. for that purpose. “I took him over to my ranch and ymade a pretense-that the windmill was out of order and got him out of | the ca Then I shot him tn the back with a .32 calibre revolver. “He groaned but didn’t fall and I shot him again. Figuring that he | fession had been obtained. might still be alive, I got a heavy | Kels was prominent in the com- iron bar and hit him over the head |munity around Lodi and his funeral a couple of times, was attended by 3,000 persons. The | “Then I put him tn the car and | grave believed to be his was heaped put a Yap robe over him and drove |high with flowers. jaround for several hours. I went, Soon after this Sheriff Riecks, in to Galt and visited a service ste n {conjunction with the district attor- and bought a supply of gasolin: ney's office at Stockton, began a Here Kels’ confession of his|secret investigation of certain cir |travels tallied closely with the way|cumstances. Tho victim in the the Stockton officials had it figured | burned automobile had but three Kels was known to have a out. full set. An analysis of the dead ance money himself but wanted his wife to get it for the payment of his business obligations. Kels was kept under guard during the night. Sheriff Riecks and As- sistant District Attorney Woodward retired immediately after the con- Freight Rate Reduction Asked KANSAS CITY, Mo., Oct. 3.—A plea for a reduction in freight rates on hay is made by N. C. Campbell, president of the Kansas City Hay Dealers’ Association, in a letter ad dressed to the Washington office of the American Railway association No commodity has shown a, more startling decrease in tonnage trans- portation in the last three years in this trade territory than hay, the letter states, All the time Kels was driving with the dead body hardly yet cold, “he |man’s stomach showed no trace of |kept it in the automobile under the |the sardines Kels was reported to |lap robe. When the gasoline tank|have eaten a short time before the Jof his car was filled at Galt the|charred body was found. With these dead body was lying in the back| points to work on, the inve seat of the car under the robe. reconstructed a story, “Then I went back to the ranch,” | said today, tallied aimo Eels continued, “and after dark I (Continued on Pago & they JOHN CAMPION, DENVER CLUBMAN, KILLED IN LEADVILLE CAR CRASH n Pe A np: ° "y]of the car escaped with slight tn- Automobile Bearing Millionaire and| ise “ °° ed ; Campion was the manager of the Thex Min: company. He th Two Others Plunges Into River SOC Sr eg s itis re mine owner of Leadvill Campion’s Neck Broken Den wel agaident. Gogured about 18 miles south of Leadville Other occupants of the car could LEADVILLE, Colo., Oct. 3.—(By The Associated | yo "explanation for it Press.)—John Campion, 30 years old, millionaire Denver | way to Lead f Twin Lakes clubman, mining man and polo player, was killed today | Car was driving, according to when his automobile swerved from the main highway near | her occupants of the machine, the here and went into the Arkansas river. yi abr river ihe areas Campion’s neck was broken. Two other occupants nto the stream