Grand Rapids Herald-Review Newspaper, February 6, 1904, Page 3

+ \ | « AMES IS FREE MAN fORMER MAYOR OF MINNEAPO- LIS IS GRANTED A NEW TRIAL. WINS IN THE SUPREME COURT HELD THAT EVIDENCE WAS NOT SUFFICIENT TO PROVE OF- FENSE, ANOTHER TRIAL IS IMPROBABLE CLAIMS HE WAS VICTIM OF A CON: SPIRACY BENT ON HIS DE- STRUCTION. St. Paul, Jan. 31.—Dr. Albert Alonzo Ames, former mayor of Minneapolis, sentenced by the Hennepin county dis- trict court to six years in the state penitentiary on a charge of receiving a bribe from disorderly women, was granted a new trial by the state su- preme court yesterday on the ground that the evidence introduced in the lower court was not sufficient to prove the offense charged in the indictment. It is believed in Minneapolis that Dr. Ames will never be tried again on the indictment charging him with cor- ruption while mayor of Minneapolis. The county attorney has not said definitely whether he will retry the ease. Mr. Boardman, the county at- torney, had little to say concerning tthe case. “I have not read the decision yet,” he said last night, “and until I do I cannot tell where we stand. Whether the case will be tried again or not 1 cannot say. I shall have to look into it thoroughly.” Dr. Ames was jubilant over the de- cision, but maintained that it was what he expected. He arrived at his down, town office about 11 o’clock yes- terday morning and was met by a crowd of friends who offered their con- gratulations. “This is, as you see, my first real victory,” said the four-time mayor, “but it won’t be the last if my perse- cutors continue to follow me with their schemes of destruction. My enemies have tried to kill me_ politically, at least they have almost killed me physically by their constant digging at me, but my time has come. “If I have another trial, and I sup- pose one will be ordered, I shall have such a preponderance of evidence to show that I was a victim of a con- spiracy bent upon my destruction. I have evidence at hand to show that men deliberately perjured themselves to throw me and incidentally, perhaps, to keep themselves out of prison.” The indictment charged Ames with receiving $600 from Erwin Gardner as a bribe from numerous women of the town. P Holds the Indictment Valid. The majority opinion, written by Judge Lewis, holds that the indictment was valid, and there was no error in the conduct of the case. However, Judge Elliott should have granted e new trial, because the state failed to prove the offense charged. Under the indictment the state had to prove one of two things. Hither Gardner was the agent of the women, who had a common understanding and represent- ed them in, procuring protection from the mayor, or when he paid the $600 to Ames, a single offense was com- mitted, the culmination of the several acts of the women paying the bribe, but on the defendant’s part a unity of action and a unity of intent. As to the first point there is no evi- dence to show that the women had a common understanding or that Gard- ner was acting as agent for Ames, and the payment of the $600 was only an incident in earrying out the scheme. The defendant is not charged with conspiracy, so that proof of a scheme to collect the money does not consti- tute the offense charged in the indict- ment. The indictment charges one of- fense. The receipt of a bribe, but there is a complete failure of proof of the act charged in the indictment. Reasons of the Minority. This opinion is concurred in by Chief Justice Start and Judge Collins. Judges Lovely and Brown concur in) the result, but for a different reason. They hold that the indictment charged. a number of distinct offenses. It sub- jected the defendant to an inquisition which is not a necessity in a criminal, procceding. The court should eitherj have set the indictment aside for un- certainty, or granted the motion of the defense, that the state be required to elect one of the crimes charged and: confine the proof to that one offense. These two judges hold that there, was no question about the proof. If the indictment was good the evidence. was ample to justify conviction. ‘ From either point of view the de! fense wins. One side holds the in-! dictment good and the evidence insuf+ ficient. The minority says the evi- dence was strong enough but the in dictment was bad. Cincinnati, Ohio, Feb. 1—When Mrs. Matilda Garrity was told yesterday that her babe was dying she emptied a can of coal oil on her clothing and set it on fire. Both died last night. " FIVE CHILDREN CREMATED. Mother Also Receives Fatal Injuries in Fire Which Destroys Their Home. Council Bluffs, Iowa, Feb. 3.—At 1 o’clock this morning the residence of Peter Christiansen, Sixteenth avenue and Third street, was destroyed by fire, his five children, ranging in ages from a babe in arms to eleven years of age, burned to death, and Mrs. Christiansen was burned so badly that she will die. The husband was in the country at the time. No one knows how the fire started. Just before 1 o’clock Mrs. Christiansen woke up and discovered the interior of her house in flames. She rushed to another room where the children were sleeping. That room was a mass of flames and it was impossible to gain-an entrance. Mrs. Christiansen ran into the street and raised an alarm. This aroused the neighbors and an alarm was turned in. The neighbors then, turned their attention to the house, but be- ing of wood, it burned rapidly and was totally consumed before the ar- rival of the department. The bodies of the children were cremated, only the blackened trunks remaining. a GROCER TOSSED MANY FEET. Train Hits His Sleigh When He Crosses Track. Park Rapids, Minn., Feb. 3.—A seri- ous accident, which may result fatally, occurred yesterday morning, when, the regular passenger train from the north struck Daniel Kidd as he attempted to cross the track with his grocery de- livery wagon. Both horses were killed, the sleigh was smashed, and Mr. Kidd was thrown sixty feet, his shoulder blade being broken, his back burt and his face badly mutilated. Physicians fear internal injury has re- sulted. Mr. Kidd was delivering gro- ceries, and as he reached the crossing some empty cars prevented him from seeing the approaching train. ALL PLEAD NOT GUILTY. Twenty-Six of Those Indicted Have Hearing. Milwaukee, Feb. 3. — Twenty-six men, some of whom are at present holding office in the city or county governments, and others who formerly held official positions, appeared before Judge Brazee inthe municipal court yesterday to answer to indictmentts returned by the grand jury whose term expired on Saturday night. The charges in most of the cases was bribery. In each case a plea of not guilty was entered with the privilege of changing the same at any future time, should it be deemed advisable. On Wednesday the cases will be set for trial. —— PROFESSIONAL WOLF HUNTERS. Minneapolis Men Killed a Lynx the First Day Out. Two Harbors, Minn., Feb. 3—George Wiedahl and Arthur Olson of Minneap- olis have located a camp twelve miles northeast of Mesaba station on the Duluth & Iron Range road, and will hunt wolves the remainder of the winter, hoping to make a handsome profit by selling the scalps to the state. A comfortable log cabin has been built and an ample supply of pro- visions put in. During their first hours at camp a lynx was shot. Wolves are unusually numerous and _ fierce. The state bounty amounts to $7.50 for full grown wolves and $1 a head far cubs. BUTTERMAKERS GATHER. Wisconsin Association Convenes at Eau Claire. Eau Claire, Wis., Feb. 3—The Wis- consin Buttermakers’ association will open its convention here to-day. About 150 exhibitors, agents and delegates have arrived, and 300 more are ex- pected. About $60,000 worth of ma- chinery exhibits from manufacturing concerns and a large quantity of but- “ter exhibits have been installed. Sec- retary Fulmer of Etterich and other officers are here. The convention will last three days. COPS’ CHIEF SUSPENDED. Mayor Claims Official Refused to Raid Gambling Houses. Missoula, Mont., Feb. 3.—Mayor M. R. C. Smith yesterday suspended C. E. Hollingsworth, chief of police, on charges of misconduct in office, and re- ferred the suspension to the-city coun- cil last night. A council committee of three will investigate and either con- firm or reject the mayor’s action. The mayor claims he ordered Hollings- worth to raid certain gambling houses, put the chief refused to obey his in. structions. FIRE AT ELMORE. City Hall and Fire Apparatus Is De stroyed. Elmore, Minn., Feb., 3. — Fire de stroyed the city hall, a two-story frame building, together with the fire apparatus. Owing to the strong wind the fire for a time threatened the south part of town, which, however. was saved by the persistent efforts of the citizens. The loss to the city is $10,000, which is partly covered by in surance. TO STOP ILLEGAL FISHING. Treaty the Only Way to Prevent It In Boundary. Waters. »: The Minnesota game and fish com- mission is working to have laws passed in Wisconsin, North and South Dakota and this state providing that the commissioners of these states may have concurrent jurisdiction over rivers and lakes on the boundary lines. Executive Agent S. F. Fuller- ton said that unless an arrangement of this kind can be made, it will be up-hill work to protect the fish in the boundary waters. The occasion of this movement is the recent decision of the Wisconsin supreme court holding that the game wardens of Minnesota have no right to seize nets on the Wisconsin side of Lake Pepin. Under this decision Min- nesota wardens have jurisdiction only over the portion of the lake west of the center of the main channel. In as much as it is practically im- possible to define the center of the main channel, Minnesota game ward- ens under the Wisconsin ruling are practically unable to prevent net fish- ing in Lake Pepin or any other boun- dary water between Wisconsin and Minnesota. Poachers could dodge from one side of the lake to the otner and thps "escape detection, unless an army of wardens were stationed all over the lake. The same condition prevails in Big Stone lake, where Minnesota and South Dakota wardens have much dif- ficulty in preventing illegal fishing. Similar trouble has been experienced in Rainy lake, and it is probable that the Minnesota commission will also try to secure an agreement with Canada. It is an interesting fact that the decision of the Wisconsin supreme court seems to be at varience with de- cisions of the Minnesota and the Iowa supreme courts on this question. The claim that the Minnesota commission has power to seize nets or arrest poachers on the Wisconsin side of Lake Pepin is based on the act of com gress creating the two _ territories. The act provides that both territories shall have “concurrent jurisdiction on the boundary waters.” This identical language was adopted by the consti- tutional conventions at which Wiscon- sin and Minnesota were admitted into tthe Union. The question then turns on the construction of. the words “an the boundary waters.” The Minnesota supreme court has decided that this state has jurisdiction in a case where a man is murdered on a bridge over the Mississippi river, directly below where there is an isl- and east of the center of the main channel of the river. If Minnesota has jurisdiction over a bridge on the Wis- consin side of the river, why has it not jurisdiction over the fish on the Wisconsin side of the river, is the ar- gument of the Minnesota commission. The Iowa supreme court also has de- cided that that state has power to punish a crime committed in a boat which is anchored to the shore of the Illinois side of the river. : Attorney General W. B. Douglas, who argued for Minnesota in the Wis- consin case, maintained that the pur- pose of the clause in the act of con- gress giving each state “concurrent jurisdiction on the boundary waters” was to avoid disputes between the two states, and that a fair construc- tion of the words “on the waters” covers the fishin. the water as well as the bridge over it. If They Can Afford It. The Minnesota national guard will take a trip to St. Louis next October at the time of the Louisiana Purchase exposition instead of going into camp at Lakeview, if proper arrangements can be made for transportation and if the expenses of the trip will not exceed what the guard can expend for tthe purpose. The executive commit tee of the guard is investigating the probable expense of the trip and will report soon. If the guard decides to go to St. Louis, the three regiments of infantry, the corps of engineers and the battal- ion of artillery will go into camp on the exposition grounds and will re- main there a, week or ten days. Na- tional guards from many states will be there, and it is probable that many parades will be held. Pay Taxes in Hennepin. The state auditor has decided a dis- pute over the taxes of the Nelson-Tut- hill Lumber company in favor of Hen- nepin county, and adversely to Bel- trami. The company complained that they were assessed in both counties for the same logs. In Beltrami they were assessed for $92,335, while in Hennepin they made a voluntary re- turn oof $109,000. Beltrami county ‘was not represented. B. L. Nelsoon ap- peared for the lumber company and Auditor Scott for Hennepin county. On their showing the state auditor or- dered the assessment in Hennepin to stand, and the one in Beltrami strick- en off. MURDER SUSPECTED. Hansen’s Body Was Covered With Wounds. Aitkin, Minn., Jan. 30.—Christ Han- sen, a young woodsman working in a camp near McGregor, was found to be suffering from several wounds on the head and body, inflicted apparently with a hammer. He was removed to Brainerd where he died. George Cody is in the county jail charged with the crime. This is the second murder case awaiting trial at the May term of | " CURED OF HIS PARALYSIS. A Convict Who Was Shamming Is it Caught by Wolfer’s Ruse. . Queer characters are encountered in prison,” said Warden Wolfer of the Stillwater penitentiary, “but one of the strangest cases I have seen for Some time is that of Burton H. Bel- lenger, who for about a year has feigned paralysis. “When his left leg was scalded with hot water he gave no sign of pain, but his suffering was intense. When needles were jabbed into his legs and arms not the twitch of a single muscle told of the agony he suffered.” Bellenger came to the prison from Duluth Sept. 12, 1901, to serve eight years for forgery. About a year ago he became slightly ill and was taken to the prison hospital, where, accord- ing to his voluntary written confession he got the idea of feigning paralysis. Warden Wolfer, determined to catch Bellenger napping, hit upon a schemd that worked even better than he ex! pected. One of the guards, a new man! was given, the star part in the drama: He was provided with a third-gradd striped suit and was assigned to a crank cell and given instructions to play a part with a razor that would appear to be very realistic. The con- victs are taken out of their cells to be shaved, and Bellenger was placed on a bench to await his turn. The guard was brought out of his cell and was very unruly. A moment later Galla- gher called to the barber to come out. The keeper and barber hurried out’ and closed the barred door, leaving Bellenger and the supposed crazy con- vict to shift for themselves. The guard stole toward Bellenger with a drawn razor. Bellenger emitted a yell and sought safety in flight. He ran around the room as fast as his legs could carry him, with the guard after him, and, weakened by his long deception, fell face downward,” but turned upon his back and began kick- ing vigorously to keep the frenzied guard away. i Warden Wolfer, who had been an eyewitness to the affair, came from his place of hiding and confronted Bel- lenger, who at once admitted that he had been playing paralysis and that he was entirely well and capable of working. WHY LUVERNE IS CONCERNED. Pioneers’ Life Association Recently Transferred to Bankers’ Union. The annoucement that a temporary receiver had been appointed for the Bankers’ Union of the World, follow- ing close upon, the transfer of the Pi- oneers’ Life Association of Luverne to that company, came as a stunning blow to the old officers of the latter association, and to the several thou- sand former members of the Pioneers’ Wife association in, Southern Minne- sota and Western South Dakota. Las fall, when the Pioneers’ Life association had to go into insolvency or transfer its risks to another com- pany, it decided for the sake of its policyholders to effect such a transfer. An, opportunity was offered by the Bankers’ Union of the World, and the whole matter was laid before the in- surance commissioner of this state. The commissioner satisfied himself from the reports and records that the Bankers’ Union was in good condition and authorized the transfer. Notices were sent to all policyholders of the Pioneers’ Life association, and at a meeting held Dec 23 they decided to make the transfer. Acting as they did, in good faith and in the full belief that they were doing what was best, the officers are now placed in an awkward position. How a company which had been recently examined and had convinced the in- surance commissioner of this state, and also that of its own state, of its coundness, could thus suddenly be found in a condition warranting the appointment of a temporary receiver is something that cannot be under- stood. ‘Attorney E. H. Canfield and Secre- tary F. H. Drake of Luverne have gone to Omaha to investigate. The hope is entertained that the trouble is only temporary, and that the Bankers Union will be able to continue. ee LOOKING FOR WEALTH. About 400 Mineral Leasés Have Been Issued on Highland Range. The state auditor has issued eight mineral leases on the Highland range near Two Harbors. This is the dis- trist which was nearly covered with mineral leases a year ago. These leases are now expiring, and some of them are being renewed. The depart- ment has_ issued approximately 400 leases on this range in the last year. Under the terms of the contract the lessee has a right to prospect on the tract for a year on the payment of $25. At the end of the year the lessee may make a fifty-year contract at a rental of $100 a year and must pay 25 cents a ton for ore mined. —_—_—— At 5 o’clock the other morning, when the thermometer registered more than 30 degrees below zero, the farmhouse of Otto Mueller near West Bend caught fire from the kitchen stove and was totally destroyed. The family had a narrow escape. Mr. Mueller ran from the house barefooted, carrying his trousers on his arm, and froze-both feet to the ankles. He grabbed his fur overcoat and threw it around his wife, ~ ‘Washington, Jan, 28. — The senate proceedings yesterday included a speech by Mr. Simons of North Caro. lina in support of the Panama canal treaty and the passage of a number of bills and resolutions. Mr. Simons was the first Democratic senator to favor the measure on the floor of the sen- ate. He announced his disapproval of the intervention of the United States in the isthmus of Panama trouble, but said that as the revolution was an ac: complished fact and was such before the treaty was made he could not ac- cept the theory that the treaty itself was invalid. Among the bills passed was one admitting to citizens of Porto Rico and the Philippines the right tc take advantage of naturalization laws of this country, but Mr. Spooner moved to reconsider the vote, thus leaving the question undisposed of. The resolution giving authority to the committee on privileges and elections to proceed with the investigation of the charges against Mr. Smoot was passed. t General debate in the house yester- day on the urgent deficiency bill di- gressed toa discussion of political topics, the race question and aerial navigation. Washington, Jan. 29—The house for an hour yesterday was entertained by a speech by Mr, J. Adam Bede, a Republican member froom Minnesota, who made his maiden effort and won his spurs. His remarks were replete with wit and humor as well as seri ous thought. Now and then for pur- poses of illustration he would tell a story, which recital greatly amused his auditors. He received the closest attention of Republicans and Demo- crats alike, and drew laughter and applause first from one side and then from the other side of the house. And at times both sides of the chamber joined in vigorous applause. Good natured colloquies resulted from his thrusts at the Democratic party. When he had concluded he was applauded on both sides. There was also a dis- cussion of finance by Mr. Hill (Rep., Conn.) and Mr. Williams (Dem., Miss.) besides references to the Pan- ama canal and the race problem in the South. The time of the senate was devoted to debate rather than set speeches on the attitude of the United States to- ward the Panama revolution. The de- bate was opened by Mr. Culberson and was participated in by Messrs. Gorman, and Bacon on the Democratic side of the chamber, and by Messrs. Cullom, Spooner and Lodge on the Republican side. The Democrats con- tend for the right of the senate to de- mand information in the possession of tthe executive department bearing on treaties before the senate, while the Republican speakers spoke in defense of the discretion of the president to witthhold information. Washington, Jan. 30. — The senate yesterday adopted the resolution in- troduced by Mr. Culberson, for the Democratic caucus, which calls on the president to state whether the senate has been supplied all the facts bearing on the Panama question. The vote on the resolution was unanimous, but there was a roll call on the amend- ment suggested by Mr. Cullom, for the Republican side of the chamber, call- ing for the information only in case the president should consider it not in- compatible with the public interest to supply it. This amendment was adopt- ed by 39 to 20, all the Republican. sen- ators present voting for the amend- ment and all the Democrats except Mr. McInery, who voted with the Re- publicans, casting their votes against it. The Culberson inquiry no sooner had been disposed of than the Bacon resolution looking to the adjustment of our differences with Colombia by ar- bitration was considered. The house yesterday considered whether members of congress are en- titled to.be paid mileage a second time. The controversy arose on an item in the urgent deficiency bill pro- viding for two payments: of mileage for senators and members of the house on account of the extra session which merged into the regular session. A point of order was raised by Mr. Mad- dox (Dem., Ga.) against the payment of mileage a second time, and he was supported by Mr. Littlefield (Rep., Me.), who contended that there had been no interregnum, and consequent- ly but one session of congress, and there is no authority of law for a second appropriation for mileage. Mr. Littlefield received close attention and was plied with numerous questions as to his interpretation of the law and the constitution. An adjournment was taken before a conclusion was reached. . Washington, Feb. 2.—In the senate yesterday Mr. Dietrich of Nebraska made a request for an investigation into charges on which he was tried recently by a federal court in his own state, and the senate granted the re quest, the president pro tem appoint- ing a committee consisting of Messrs. Hoar, Platt (Conn.), Spooner, »Cock- rell and Pettus, to make the inquiry. The remainder of the day was devoted to an argument by Mr. Morgan in sup- port of the resolution introduced by Mr. Stone directing the senate commit- tee on foreign relations to make an in- vestigation into the Panama revolu- tion. Mr. Morgan again criticised the conduct of M. Bunau-Varilla in con- nection with the revolt and spoke of the treaty as a concession to the com- mercial spirit of the age. He closed with the declaration that the South would not support the agreement at the expense of the honor of the coun- Sema oo cee : Being the Story of a V Absent Minded Man. shh Archibald McFoo is an absent-mind- ed lawyer. He's absent-minded out- side of his profession only, however, which is some consolation. The other day, being called away at an unusual hour, he placed a sign on his door: “Will be back soon. Walk in.” He was out for half an hour or so. When he returned he was going to open the door when he chanced to see the sign. He read it carefully and then bit his lip. “That’s awkward,” he said. “Wonder how long before he’ll be back. Says ‘Walk in,’ so I might as well, and wait.” When he walked in, clerk: “How long before the lawyer re- turns?” “What’s your business with him?" asked the clerk, smartly. “T’ve forgotten that,” said McFoo, and went out doors. Later he returned to his office in his right senses and fired the clerk.—New York Times. he asked @ Best in the World. Estherville, Iowa, Feb. 1st.—Mr. George J. Barber of this place says: “Dodd’s Kidney Pills are the best medicine in the world. There is noth- ing as good. I had been sick for over 15 years with Kidney Disease which finally turned into Bright’s Disease. 1 was treated by Doctors in Chicago but they didn’t do me any good. The best Doctor in Estherville treated me for five years with no better success. I heard of Dodd’s Kidney Pills and made up my mind to give them a trial. “I am very thankful to be able to say that they cured me completely and I think they are the best medicine in the world.” The honest, earnest, straight- forward experiences of real living men and women are the only material used in advertising Dodd’s Kidney Pills. ‘One such testimony is worth more than a thousand unsupported claims. The people who have used Dodd’s Kidney. Pills are those whose evi- dence is worth consideration and surely nothing can be more convine- ing than a statement like Mr. Bar- ber’s. There are thousands of others just as strong. A Mistake. “If you only knew it,” said the pa- tron to the cigar man, “that wooden Indian is a mistake.” “How so?” “Why, it indicates that you cater te the Indian trade, and any old plug to- bacco will satisfy an Indian. Why don’t you put out a sign that will catch the discriminating smoker?” “I’ve thought of that,” replied the cigar man. “I thought of putting the figure of a real swell out there, but the darned fashions change so often that he wouldn’t be a swell more than twa weeks. That's where the Indian has the advantage as a sign.”—Chicago Post. Merely Temporary. Jean—Maud says she’s going to mar- ry that actor despite the opposition ot her entire family.” Ethel—I wonder why her folks ob- ject so strenuously to the marriage? It wouldn’t last long, anyway.—> A Way She Has. Morton—Is Mrs. Styles much of a talker? Norton—Much of a talker? I should say so! It is impossible for her to play solitaire intelligently—she has so much to say to hereself, you know.—Boston Transcript. A Doubting Dreamer. She—Do you believe in dreams? He—Not always. Sometimes I’m quite skeptical in them—especially when they are of woman’s constancy. DIDN’T BELIEVE, That Coffee Was the Real Trouble. Some people flounder around and take everything that’s recommended to them but finally find out that cof- fee is the real cause of their troubles. An Oregon man says: “For 25 years I was troubled with my stomach. I was a steady coffee drinker, but I didn’t suspect that as the cause. I doctored with good doc- tors and got no help, then I took almost anything which someone else had been cured with, but to-no good. ‘I was very bad last summer and could not work at times. “On December 2, 1902, I was taken so bad the Doctor said I could not live over twenty-four hours at the most and I made all preparations to die. IF could hardly eat anything, everything distressed me and I was weak and sick all over. When in that condition cof- fee was abandoned and I was put on Postum, the change in my feelings came quickly after the drink that was poisoning me was removed. “The pain and sickness fell awa: from me and I began to get well da: by day so I stuck to it until now I am well and strong again, can eat heartily with no headache, heart trouble or the awful sickness of the old coffee days. I drink all I wish of Postum without any harm and enjoy it immensely. “This seems like a wonderfully strong story, but I would refer you to the First National Bank, The Trust Banking Co., or any merchant of Grant’s Pass, Ore., in regard to my standing and I will send a sworn state- ment of this if you wish. You can also use my name.” Name given by Postum Co., Battle Creek, Mich. Still there are many who persistently fool themselves by saying “Coffee don’t hurt me.” A ten days’ trial of Postum in its place will tell the truth and many times save life. “There’s a reason.” Lock for the little book, “The Road to Wellville,” in each package, _ .