The evening world. Newspaper, March 5, 1909, Page 1

wo ae "| FIGHT ON WEATHER—Falr and colder to-night; Saturcay clear RESULTS EDITION PRICE ONE CENT. § Circulation Books Open to All?" 2 “NEW “YORK, FRIDAY, MARCH 5 1909. LS OSTRT ATONE! RESIGNS RATHER THAN AGT IN PANAMA GASES Opposed to Removing Editors to Washington for Trial for Libel When State Courts Provide a Sufficient Tribunal. BEEN FEDERAL ATTORNEY IN INDIANAPOLIS FOR YEARS. Hearing on Indictment Against The World Be- fore Judge Holt To-Day—-Libel Committed in the Post Oflice and at West Point. (Special Despatch to The five WASHINGTON, March 5,—Joseph District-Attorney at Indianapolis, Ind., participate in extradition proceedings against Delavan Smith and Charles Williams, of the Indianapolis News, who the United States ause he refused to ed bee: has resign: e by the District « nd Ji letter: al resignation as fibel in the Panama case Kealing has sent to the Attorney-Gen “T beg to inform you that | have te Mr. United States Attorney for the District of rly is to the President of the United States, with the request that the sa March 15, 1909. I am informed that indictments have been returned by the Grand Jury of the District of Columbia a st Delavan Smith and Charles R. Williams, proprietors of the Indianapolis News, for criminal bel, and that steps will be taken to remove them to that District for trial, As both are in this district, under the law it will become my official duty to assist {in such removal proceedings ie be accepted not later than “For almost eight years I have had the honor of representing the Goy- ernment as United Sates Attorney. During that time I have prosecuted all alike, without fear or favor, where I had honest belief in thelr gullt. 1 have been compelled on several occasions to prosecute personal friends, but 7 cacis case I only did so after a thorough investigation had convinced me of their guilt. “In thin case Lhave made a enrefol Investigation of the Inw applicas ble thereto, As to the guilt or innocence of the dete son the If gulity ¢ shonld be prosecuted, but properly Indicted and prosecuted in the right place~ queation of libel I do not attempt to say, vis: in their homes, “It is only with the question of removal that T have to do, Iam not in on the law, to drag the defendants from their homes to the seat of the on he law, Government to be tried and punished, while there is a good and suffictent Jaw in this jurisdiction, in the State court. “1 belleve the principle Involved tn dangeroun, atriking at the yery to drag the defendants from their homes to the seat of the foundation of our form of Government, 1 cannot, therefore, honestly and consctentlously insist to the Court that such ts the law, or that auch construction should be put on it, Not heing able to do this, I do not feel that I can, in juntice to my office, continue to hold {t and de- cline to ansint, “In order, therefore, to relieve us both of any embarrassment, I haye tendered my resignation and have asked that it be accepted nct later than March 15, 1909. I have made it on this date in order that President Taft— for whom I have the highest respect and admiration—may have time to Respectfully, “JOSEPH B, KEALING, United States Attorney,” Mr. Kealing has held the office of United States District-Attorney for nearly eight years, and his standing with the Deepartment of Justice is sald to be high. In connection with the Elkhart bank case Mr. Kealing pro- acCuted and convicted all the officials of that lustitution, including Walter name my successor. Brown, who was his close personal friend and a member of the Republican State Committee, ooo Panama Indiciment in World Case Eetore U. S. Judge Holt! Ccunsel for the Press Publisiing ¢ \ ications regardiag the Lala eeige Pace Oe Bs ¢ Holt granted the week's ads World, and Caleb M. Van Hew 1 iad Chisnitintel de aging editor of The World, secured from} iicion will be ma to whether the Justice Holt in the United States Dis-| defendants will p hot guilty le trict Court to-day a week's time jn which | 4 demurrer to the Indictments. Mr. Van to answer the Indictments found yester-) Hamm meanwhile will remain under day against the company and Mr. Van parole In custody of his counsel. Mr. Hamm, charging criminal libel in con- Van Hamm was represented by Samuel Untermyer,, and the Press Publishing a sages Paes = «Cea a Solagh toons -.% Of Delicate Pink Straw, | of little Mrs ! “BUCKET” HAT BEAUIYS LES HERE FROM PARIS Worn by Mrs, T. F. Higham, | It Creates a Stir on the | | Lusitania. i} | TEN INCHES IN HEIGHT. With | Cross Cuts, and a Uhlan | Visor on Top. | There were many notables aboard the | en she reach- | handsome | Cunard flyer Lusita’ her many women and distinguished looking men, but not one of them, whether steel mil- ed pier to-c Nonaires or stately leaders of fashlon, ; drew one Jot or tittle of the attenth Nery that was manifested In a mil ation that crowned the shining colffeur 1, F. Higham, of Norfolk, | Va Meagre and puny ts that word of that little | was the premier float fon of a millinery | parade ed the eye and be- | wildered the mind. You could set it to! music and proclaim it in a burst of! oratorio s , and yet not get out the full music of it | shaped Like a Bucket. | 1 like a! et—woven “oreas to state the case It tion” lady's Md. and whole ft was shar bt y. with green matting , § a round igor of a Uhlan cross cuts top and a visoi—the [dress parade bonnet—bdut not tn front | | | | Central N We should say not. That visor was on one side and gave the demure mpres- | ston that the lady was looking off to one side. But that was only a beginning. That bucket hat had something on the front of it that resembled a cross between | the Oklahoma coat-of-arms and King Menellk’s breastplate. ‘The centre of | this ornament was a sort of medallion | made of lapls-lazull stone and then| wound and wound with strings of pearls | —rather imitation pearls—adout the size| f robbins’ eggs. This centrepiece con- trivance, sald Mrs, Higham, Is known in the regions of its usual captivity as} cabichon.” | The pearls wound around tt until grew to about four and one-half inches n diameter. Then the pearls branched | off and formed a braid avout the hat, | a brillant, gaudy, corruscating, eye-ob- | iterating bratd, But the garnishing of that Hddid not stop at the “cabochon” thing. A gorgeous ostrich plume took root in one of tHe twisting colls of| pearls and waved itself aloft and alow, around and about, hither and yon, Ike the prize feather in the tall of an ex- cited cassowary. No matter what angle you looked at that feather from it seem- ed to beat you to Jt around the hat. Designe. It Herself. “Do you like it," sald the pretty little Virginia woman, tossing the wonderful headpiece until a million pearls seemed your , Espinosa, whose family live {n Lima, lance before your es, “Some | y lee z i ‘ eat x aera ; Sap Resi GRIER {t,” AD ran on, | Peru. was one of young Gould's closest from office, At the President’s suggestion the interview was reduced to without walting for a reply, “but r/fflends. Since leaving college in this | think it Is very chic, I designed it all yself."" “While awake?’ asked the reporter, unconsciously. “Certainly; while awake,” said the fair-haired little wearer of the paragon | lid stiffly. “I drew it all out first and then superintended the making of it myself. My milliner went into raptures over it. She sald it was stunning, the most striking hat she had ever seen.” “Bort of Jeffries wallop,” mumbled the reporter, but the little woman did not seem to hear. “Bernard Shaw sald It was very dis- tnguished,” said Mrs. Higham. Then switched the conversation and said that she had seen a great deal of the fa- mous Irish playwright and author while abroad. She has been on the stage, she sald, and she might go on | again, but she hoped that nothing would get in the newspapers about her hat. > BLIZZARD MOVES UP STATE, ay) N March 5,—A bilz- , with 4 t of the wi SYBACL zard, begi w snow, t cal traffic Clothing bi The Hub nd 22) Broadway, cor, Barclay s r to-day and Saturday $12 pnd vt men's suits and overcoats at $5.55 $22, $25, $23 sults and overcoats, up-' to-date,” dressy garments for the business man or me of ot fenics, GOA. Open eve, till Hat Ten Inches High Brought Here KNGOON COLDS” ROOSEVELT NOTA HAS EEN From Paris as the Latest Creation (Worn by Mrs, T. F. Higham and photographed on the Lusitania by an Evening World staff artist.) COLLEGE CHUM crap ay gig, MEW STILL “IN Th ARMY” + : .. ¢.. Ex-President Says He Has No Regrets in Roommate of Magnate’s Son teat Offi AliaiGrateral at Columbia killed ee i08 ge and af gietea Gb flontts to the People. Young Kingdom iid, son of BY GILSON GARDNER. George J, Gould, is griet-stricken to- (Copyright, 1909, by the author.) Doeniny one aks gecelved by THe’ WASHINGTON, March 5—On Feb, 3, 1909, 1 had an interview former room-mate at Columbia Uni-|with Theodore Roosevelt, then President of the United States. Custom cartes pane Brotese of George Gould. | yavents the President from submitting to an interview, so Mr. Roosevelt stipulated that this should not be published until he should have retired there in a gas-filled room. clty he had been in George J. Gould's Written questions, answers to which he himself wrote. The questions and employ, first in the Mr West and t) en | ‘answers are as follows: asa daughtaman for the Missouri | answers are as follo Pacific Railroad In St. Louls “What, Mr. President, is your idea as to the functions of duties’ of Senor Espinosa, the young man's ” y banker in Perujan ex-President ? cad, peculatine,| “Those of any good citizen. as forved to glVe UD| teen i f work for the common good in whatever position his atudles, He explained his miafor.|Wee0—t0 do his share 0 8 P EUnG NO} One Goudy noun rested bis| he may happen to find himself. But he has the great added responsibility father, who offered to bear th e entatied by Espinosa. in. finishing hielof the obligation due from him to the country, because the country has university course. signally honored him, and so long as he lives he should never lose sight of this obligation.” Espinosa ace} but sald he < WILL NOT BE A HAS-BEEN. to Lima, returning a few weeks later “Then you do not propose to become a ‘sage’?” 7 and taking up his etudies again t “Certainly not, {f by that term {s meant a has-been. I step back int: pl EE Le vottt art | the ranks, but 1 do not quit the army, and I shall certainly continue 1 father, was a we: ago, until two years fortune, {It w Young Espinosa ¥ His duties remain what they always have ed Mr. Gould's offer, ust return to his home , to see ff he might be of to his father. He went decided after a conference w Mr. Gould, qght for what I deem to be right, apd Cattle according to my abilities started for the ee Paina to work for what I deem the good of our people.’ "Do you relinquish office with a sense of rel "No. I nh oflce which I have thoroughly enjoyed. 1 doubt if} has ever more thoroughly enjoyed th enjoy to the Presidency full the opportunity to d& a great work * ig preeminently well worth doing. If I had felt that 1 could conse‘ent ry for another term I should certatnly have tried for it. But I wish also to say that no President ever left the office with a| lighter heart than I shall bear when I leave or looked forward to the| {future with more eager interest and anticipation than I feel “] do not sympathize with the man who elther is or makes belleve to be glad to lay down a great office, and ati!l less do I sympathize with the (Continued on Second Page.) eiden that ans pr me man ought to ously It is belleve twenty-five siderably over fortune. He looking chap a The Wor teond Arcade Booth, New at alert gy TK ond Pas, Coes Custng tS, It seems | a PATA WILD PLEA: ONE CENT. "GIVE ME LIBERTY OR GIVE Me DEATH ————+ }. Dramatic Scene as Slayer Interrupts Mr. Taylor, Who Points Out That if Commutation Was Illegal Death Sentence Holds. WIFE WEEPS AS PRISONER TALKS WILDLY OF PLOT. Lawyer-Convict in Rambling Argument Attacks Judge and Prosecutor—Says Change of Sentence “Robbed Him” of Sympathy. When Albert T. Patrick rose t¢ dom in a habeas corpus proceeding befor ) argue on his application for free- » Appellate Division of the > th, e the Supreme Court in Brooklyn to-day, he so conducted himself that persons who have fol! owed his various court appearances looked at one another in amazement, TAFT BUCKLES DUWN 10 WORK ON FIRST DAY President near by Sending Cabinet and Other Ap- pointments to Senate. | | | WASHINGTON, March §.—William H. Taft took his place at his desk in| the Executive office building as Presi- dent of the United States at precisely | 9.80 A.M. to-day, Just as he entered | the office from the residence portion of the White House, Philander C, Knox | came in from his home. The nomina- | tion of Mr. Knox as Secretary of State and those, of the other Cabinet mem bers, and of William Loeb jr lector of the Port of New York, were | transmitted to the Senate to-day by the President. of other appointments to be Col- | With these were a number Senator Knox remained with dent Taft for a quarter of an how | During his stay these callers arrived | and were ushered Into the Cabinet room to await thelr return to see the new President: Senators Kean, New Jersey; Cullom, Ilinojs; Beveridge, Indiana Wetmore, Rhode Island; Root and Dy pew, New York, and Surgeon-Gen Rixey, of the navy. Tariff Message to Be Brief. Presi Mr. Taft also was called upon and accepted an Invitation from Goy Ulughes, of New York; Prouty, of Ver mont; Senator Dillingham and Congre men Page and Foster, of Vermont aitend the at { Lake Cha rg, N.Y and 81 iver the p ipal atisburg meeting Ail of the Republican members of the House Committee on Ways and M saw President Taf iy and iformed by him that his special (Continued on Second Page.) fi t Electric th darber shoo ooea day and {ete concerned in the prosecution. | ways been cha Patrick shouted incoherent and ami {ng accusations against Recorder Goff, for the murder of Willlam M. Rice, and against District-Attorney Jerome and everybody He who presided over hi strial | wandered far from the point on which | the court had asked him to argue and apparently wanted the Appellate Divi- sion to review the findings of the Court of Appeals, the court of last resort hich has already passed on his case. At tl Again he turned to the spectators in the courtroom and Again he addressed invective to Assistant District-Attorney Taylor, who appeared to oppose his re- the presiding had to interrupt him and call him to order, Rambles in Speech. “s physical condition seemed to s he wept. harangued them, }lease, Once, at least, Judge Patri the observers to be better than it has been since he was first sent to Sing Sing Prison, His cheeks were ruddy nd his step was firm, But when he yse to speak he seemed unable to con- trol his voice or to marshal hig thoughts n the orderly sequence which have al- ‘acteristic of his utter- nees as a lawyer, He rambled through his argument at least four times during ve hour or more he was on his feet. ven the Justices grew drowsy toward the end and jumped with a start each ime he thundered out the old accusa- fons in more vociferous way. a Throughout his argument Patrick rp ferred to himself as ‘the relator,” never in the first person, “Iam here to argue before Your Hon- ors,” he sald, “beaucse the penal sen- tence passed upon the relator {$ more {ble than the death sentence could possi The eifect of the commu: fon of Sentence has been to ron the and ublic ft leator's means bottom. ‘TWiere clators ‘ Patrick said: “fhe owas nspltgey. i s p $ and the s $100,000 to ts ws him to be t, then, indeed, the s of our liberties are im- eriled. Still more is this true,” (ad- when the same District-At torn own himself capeble of going before the Grand Jury to secure