The evening world. Newspaper, July 10, 1915, Page 1

, tal Federal question involved FINA EDITION _PRIO E ONE OENT. L be coreg at ell ! BERLIN DEFENDS SINKING OF LUSITANIA, ~ EVADES WILSON’S DEMANDS, IN NEW NOT JUSTICE HUGHES REFUSES H) BECKER'S LAST APPLICATION FOR REVIEW IN U.S. COURT wns ee In Denying Writ of Error Jurist De- clares Federal Questions Are Not Involved—May Now Demand Writ of Habeas Corpus. RANGELEY, Me., July 10.—The a) pplication which was made yesterday to Justice Charles E. Hughes of the Supreme Court of the United States, who is summering here, for a writ of Becker, convicted of instigating the York gambler, was denied to-day on the ground that there was no substan- Becker is under sentence to die in the electric chair at Sing Bing the week o! W. Bourke Cockran, counsel for Beeker, who made the application, left here at 12,30 P. M, for New York wit! Mra. Charlies Becker was an tel of the decision of Justice Hughes by a reportér for The dated World. After a brief silence she eu “I have no comment to make on the decision.” Under ordera from Mr. Cockran none of the lawyers associated with him in the case would make any statement as to the possibiiiiy of further moves in the case. When District Attorney Charles A. Perkins heard that +Justice Hughes had denied the application he eaid “The matter has not been in our of- fice for some time. T have absolutely no comment to make.” LAWYER SAYS BECKER AS “FRAMED-UP.” | John F, Melntyre, who was once counsel for Becker, sata: “I had not heard the news. I deep- ly regret to learn of it, I feel now, as I always did, that Becker is inno- | cent and that he is the victim of 'a| frame up’ at the hands of Rose, Web- | Valion and Schepps, Further hat I have no comment to ber, make.’ Although Mr. Molntyre withdrew from the Becker cause some time ago b@ recently came forward with an offer of legal assistance fur the con- demned man in his ght to escape death in the electric chair. Neither Joseph A. Shay nor Martin T, Manton, former attorneys for Becker, could by found at thelr law} offices. | MAY @O TO OTHER UNITED STATES COURT JUDGES. Ttis within the province of Becker's | lawyers to make other applications | for writs of error to otner Justices of the United States Supreme Court, but {t fm considered unlikely, as the de- cision of Justice Huy! who Is in charge of the New York Circuit, ts not likely to be controverted by a de- cision from the Justice in charge of another district Before the writ of error was sought Becker's lawyers had planned, In case of its failure, Immediately to apply tor ‘a writ of habeas corpus. There is very slight hope of accomplishing anything by this except to get the records of the case again into court and attempt to review the ease with the idea of at- tacking the eredipllity of the witnesses against Becker and raising a doubt !n the public mind us to his guilt It is expectod this move will be made and following it will come the eleventh hour appeal to public opinion, with a flood of attacks against Jack Hose and the other wit- nesses against the condemned lev- tenant. ALBANY, N. Y.. July 10.—Governor | error in the case of ex-Lieut. Charles murder of Herman Rosenthal, New tf July 26, hout giving cut any statement. GIL NICHOLLS ONE STROKE IN LEAD AT END OF NINE HOLES, Wilmington Pro’s Score “Met” Golf Play-Off at Fox Hills Is 39, ! in Nicholle was one stroke in lead at ithe turn—39 to 40. (Soecial to ‘The Brening World,) FOX HILLS GOLF LINKS, CLIF- TON, 8. L, N. Y., July 10.—Bob Mac- Donald, the young pro from Buffalo, gained an early lead over Gil Nicholls of Wilmington in the oight- een-hole play-off of the Metropolitan golf championship this morning. MacDonald won the first hole in ‘oat style and then continued to play wonderful golf in an.effort to hold his lead. An immenee gallery followed the two famous Scotchmen, When the players left the first tee about fifte@m hundred golf fans spread over the links to see how shots ought to be played, and the number was increased by the late afternoon, The weather was ideal, although a fairly brisk wind tended to blow balls off the many hilly holes that feature the local course, MacDonald, though but twenty-four years old, has been well up in cham- plonships during the last four years, but to-day was his first chance of be- coming a champion. As a caddie and adviser the young Buffalo pro had the services of Mac- Donald Smith, who lost his title in the present tournament. Gil Nicholls, not caring to change his luck, still had the fifteen-year-old boy who so faith- fully rried bis club during the last two days, a U. S. SUBMARINE TO LEAD. Hoard Plans BI Fleet dn Mont Efficient Vessels, ww WASHINGTON, July 10.—Plans for making the American submarine more Jefficient than that of any other power are being worked out Ay the Navy General Board, it became known here Whitman would make no comment|s to-day regarding Justice Hughes's action "I can oniy say that 1 shai! be read@y at aj] times to hear any appeal that counse) or “cnc Becher may desire (© make to me,’ he de \to-day, in connectior. with information that the next building programme of the nowy would include estimates tor nearly double the number of under-sea leraft appropriated for by the last sea lon of Congress At ledat thirty more submarines will be e next} Congress. it ie said ers, It Jie naserted. believe fifty or Reventy-Ave | Woulc not be toc many — secre D i surpy $100,000 PLUNDER CARRIED OFF BY TRAIN BANDITS? With Fortune From New York and New Orleans Flyer. FOURIN DARING HOLDUP Mail Clerk Bound and Left in} Woods—Conductor Dies of Fright—Three Arrests. MONTGOMERY, Ala., July 10.—The Loulsville and Nashvi New York and Now Orleans limited train was eld up and robbed sbortly before % o'clock thie morning by four masked men near Greenville, Ala., aixty miles south of here. Estimates of the plunder setured by the robbers were from $25,000 up to $100,000, Phil McRae, conductor, stricken with heart disease in the excitement ated | Ti ps of one of the care | re express and mall care were cut from the train and run| down the track some distance, The bandits robbed the express and mail cars and started the engine down the track wild. Railroad officials learned of the hold-up when the wild engine came to @ stop for lack of steam near Garland, Ala, forty miles beyond Greenville, Officials in charge of the tnvestiga: tion declare the robbers escaped in a waiting automobile. The chief mail clerk on the train was left bound in the woods, Three suspects have been arrested, ADRIATIC HAD STRONG CONVOY IN WAR ZONE Accompanied by Destroyers from the Edge of It All the Way .Y Liverpool. LONDON, July 10.—Because of re- ports that submarines were waiting for her the White Star liner Adriatic was convoyed by British destroyers from the moment she entered the war zone off the Irish Coast until she reached Liverpool, it was learned here to-day. Some of her officers complained that the Admiralty did not give the line|*, advance information that she was to receive an escort. Had this been done, they said, the liner would have carried her full complement of pas- sengers, ————— MUNITIONS SHIP SAILS. Leaves 300 Passengers te Take On 260 War Horses. ‘The La Veloce liner Stampalia satled this afternoon for Italy. Off the Statue of Liberty she stopped long enough to take on 260 horses for the Italian army. She carried ten first id cabin sengers. Upward of 300 stee: were left. behind ‘to make room for the horses. _——— Indians See Liberty Bell, DENVER, Col, July 10.—More than a dozen American Indians, who came here from remote reservations, were among the first who viewed the Lib- erty Bell when it arrived in Denver carly to-day On ite Journey to the Pacific Couat. The redaki blankets and’ feathers, gased’ sffentiy at the bel! and sol \y shook hands {With the Philadelphia guards, > Bank of Germany's Gold Increase. BERLIN, July 10 (via London).—The FAVORITE PLAYERS |. GETOFFTOAGOOD i= STARTAT AQUEDUCT Nanovia, 8 to 5 Favorite, Gets Home a Half Length in Front. i AQUEDUCT RACE TRAC! 10.—A dig Saturday crowd was at the track this afternoon. It was of handi- cap proportions, Weather conditions were perfect for both man and horse. ‘The card provided a ateeplechase, al- waya popular with racegoors; $9000 ‘Tremont for two-year-olds and the $1,500 Brookdale Handicap for Neagle and upward, drawing out Roamer, Stromboll, Rock “View qnd The Racing Results and Entries ‘races are MONTREAL et RACE TRACK, AQUEDUCT, L. L, July 10.—Th Dest for Monday's lows: ~For rovante 08 Ca ae ioe me elling’ “about, ts oof TBST BAC! Re ieee the]! FIRST RACE, wee Tatas oa, as ote pete OG, me, ah th ie Biare epod,” Won Fiapeeiage agnor. Owner’ ‘Quincy "Stable, nomi te Rlati. te eae Ff BROOKLYN WINS. Ls ing iho (MeDerm't} 18 é 52] National I re League, Chicago and Brook- een aSticat Sizes wapren. te ht lyn. First game: roo! ‘The favorite players got off to a good H ‘ , 4 i H ard start when the bad post actor, Han- ovia, got home a half length in front, after setting the pace from the first sixteenth. Helen Barbee was a spir- ited sontender right from the start, and, although in close quarters in he stretch, held on gamely. Sam Jack- son dropped from the clouds to ial Viadimir out of the show money. patbebitD ai “WHITE HOUSE; EXPLOSIVE.” | Cartridge in Package With Insorip- tion Stirs Police, July 10.—A small paper - wre) and cotton - padded package was found by @ policeman under the Pennsylvania Bridge at Patterson Park Avenue and Eager Btreet here to-day. On the wan written © “White House, Wal 1 ton, D. C., losive.” Upon, ex mination it proved to be a cartridge about six inches long, ap- rently of the kind used in machine guns About. the cartridge | waa Wrapped a fine filament of copper wire. The police belleve it to be the work of # crank or joker. Find Another a ee. BINGHAMTON, *N. ¥., July 10.— Police searching for the body of J. 8, Copeland, who plunged Into the Sur- quehanna River last night, made a rtling discovery at @ point near holic cemetery where Cope- body was found. They came ‘01 the body of a man swinging wire from @ tree, It was identi- fled ¥ John Kennedy, @ shoe worker, who hanged himself on the river bank ee about the same time Cope- land plunged into the stream, Jo et SAILING TO-DAY. Metapan, Havana ..... EGopagne, In Grand Review! Before the eyes and into the hands of more New Yorkers than are reached by the Sunday Herald, Times and Trib- une COLLECTIVELY, will pass the Over 7,000 Offers OF POSITIONS, WORKERS, HOMES, INVESTMENTS, VACATION PLACES, TENANTS, BARGAINS, &C, TO BE SEPARATELY ADVERTISED IN The Big Sunday World To-Morrow! What a noteworthy opportunity for | you to work, hire, rent, Invest, buy, sell, &c., to the best advantage! Missing Wi statement of the Imperial Bank of Germany, tssueo July 1, shows ine creased in galo, of | 3.984,000, marks 0) and in treasury is of ka (570,260), SEE THAT THIS GREAT PARADE OF CHANCES TO BETTER YOUR HOME AND BUSINESS CONDITIONS PASSES YOUR WAY! % tour for George Rol Batteries—Zabel, Vaughn, Adams and ci hos meas es Dough stan ane Miller, MORGAN'S COUSIN, | GLOBE TRAVELLER, IS DEAD IN SPAIN George D. Morgan Made Pretty Japanese Girl His Bride Eleven Years Ago. George D, Morgan, a cousin of J. P. Morgan, dropped dead to-day in Seville, Spain, according to a cable- gram sent by the United States Con- #ul at Seville to the State Department. The cablegram asked that Mr. Mor- gan’s agent, E, A. Bigelow, a lawyer at No, 16 William Street, be notified. Mr. Morgan was a son of George Hale Morgan. He spent most of his life in travel and was chiefly known here bechuse of his marriage to a Japanese girl eleven years ago, George D. Morgan attended Yale, but did not graduate. He left the col- jlege in 1891 and went abroad, Of artistic tastes and possessed of ample means, he did not care for the busi- ness activities of others of his fam- ily, and for this reason, perhaps, was regarded as eccentric. In 1900 Mr. Morgan located in Japan. Ho married Yiki Nat very pretty Mttle woman, in 190 4 after travelling extensively in the Orient settled in Paris, Mr. Morgan visited thia city but twice after his marriage. On ils first vialt it was reported that society had snubbed hie bride at Newport. He visited relatives with his wife on his second visit, but soon raturned to Japan, and from there went to Eu- rope. + ek TWO ARE FOUND IN BAY, |Grandson of Baitor and. Are Drowned at Oce ROCKVILLE CENTRE, L. 1, July 10, —-The bodies of Robert Hulse, chauf- the Custom Hou Holger’s Frank Marshall, were the bay at Oc waa twenty yee Thah one Asking ‘trip ing. The boat was @ay overt GERMANY’S REPLY fh RESENTED BY | PRESS OF NATION “No Slals S'N for Americans Un- less We Obey Berlin,” Says Brooklyn Eagle. ‘INSOLENT AND EVASIVE.’ Chicago Journal Says It Re- peats Slander of Lusitania Being Armed. The German reply to President ‘Wilson's second note was editorially commented upon to-day throughout the United States. Excerpts from somé of the newspapers follow: The Breoklyn igle—The Prea- ‘Went, tae charted his course, In the name of humanity and more par- MW; | ticularly in behalf of the people of the United States he has said he re- wards an established beyond quea- tion, bial vrarcyape that the lives of non-combatants cannot lawfully or rightfully be put in jeopardy. He has asked for assurance that this will be done. And what is the answor? It is that Germany Is willing to order her sub- marine commanders to refrain from murder on the high seas, conditionally. It is in effect that there will be aafety for American lives only if we comply with rules and regulations drawn up at Berlin. For fallure to comply, death. The Imperial Government has been told that should necessity arise cer- tain principles will be put into prac- tee irrespective of the viccisitudes to which submarines may be subjected; necessity for repetition of that state- ment in positive, in final terms, has arisen, ‘It is not for the Imperial Government to “protect” the people of the United States as a reward for obedience to orders, We have asked for no favors, special or general, It is not thinkable that acceptance of them will be debated at Washington. The New York Globe.—Germany'’s reply to the second Lusitania note is as unsatisfactory as her reply to the first. There is evasion of the simple issue as to whether Germany in- tends to violate international law when the violation means the death of American citizens. The failure of Germany, although twice interro- gated, to make a definite disclaimer of such purpose is most discouraging to all who have labored to preserve unimpaired the historic good rela- tions between Germany and the United States. The New York Evening Sun— The German reply to President Wil- son's remonstrances against th abomination of submarine raiding as practised by the Kaiser's navy, would (Continued op Second Page.) —=_—- AMERICAN MARINES LANDED IN HAYTI Force From Cruiser Washington Sent Ashore to Protect Foreign- ers During Rebel Fighting. WASHINGTON, July 10.—Amori- can marines have been land Cape Haytien, Hayti, to protect for eigners and prevent fighting between revolutionists and Government troops, Admiral Caperton notified the Nuvy Department to-day, One officer and twenty-nine men were put as from the cruiser Washington, it stated, and the gunboat Kagle at w moved close to shore to support them, | Revolutionists are still in the town’ vicinity, sald Caperton, The Haytien gunboat Pacifique fired 4 few shots t them from off shore this morning and Indications were that fighting would be resumed soon, . WEATHER—Fair to-night and probably , FINAT Santee: NEWRULES OF THESEA IMPOSED BY GERMANS IN UNSATISFACTORY REPLY New Note Calls on the United Sta to “Certify” Ships and Makes Mention of Demand for Before Attack. SAYS U.S. MAY USE FOUR “ENEMY” SHIPS IN. TE BERLIN, July 10—The text of Germany's reply to the ‘An note regarding the sinking of the Lusitanla and submarine warfare methods was given to the public here today. An unofficial translation of the official text follows: TEXT OF GERMANY’S REPLY. BERLIN, July 8, The undersigned has the honor to make the following reply to His Excellency Ambassador Gerard to-the note of the 10th ultimo re the fa pairment of Amertcan interests by the German submarine war, The Im. perlal Government learned with satisfaction from the note how earnestly the Government of the United States te concerned in seeing the principled of humanity realized in the present war, Also this appeal Snds ready eahn in Germany, and the Imperial Government is quite willing te permit statements and decisions in the present case to be governed by the wrtaeh ples of humanity just as it has done always. ‘The Imperial Government weloomed with gratitude when the Government in the note of May 15 itelf recalled ¢hét Germany had permitted Itself to be governed by the principles of progrets and in dealing with the law of maritime war. ; Since the time when Frederick the Great negotiated with John Benjamin Franklin and ‘Thomas Jefferson the treaty of friendship. commerce of Sept. 9, 1785, between Prussia and the Repubite ef the German and American statesmen have, in fact, always @teod together | the struggle for the freedom of the seas and for the protegtidn of able trade. In the international proceedings which since eve deca ducted for the regulation of the laws of maritime war Gerigany end Amen ica have jointly advocated progressive principles, especialit the sboliehanend of the right of capture at eoa and the protection of the interests of neutral PUTS BLAME ON BRITAIN. Even at the beginning of the present war the German Government im mediately declared its willingness, in response to proposals of the Amer’, can Government, to ratify the Declaration of London and thereby subjeq] itse)f In the use of tts naval forces to all the restrictions provided therety in favor of neutrals, Es Germany likewise has been always tenacious of the principle that war thould be conducted against the armed and organised forces of enemy country, but that the enemy civilian population must be spared ge far as possible from the measures of war. The Imperial Government ishes the definite hope that some way will be found when peace is cluded, or perhaps earlier, to regulate the law of maritime war in a man ner guaranteeing the freedom of the seas, and will welcome it with grath tude and satisfaction if {t can work hand in hand with the American Gor ernment on that occasion. If in the present war the principles which should be the ideal of thé future have been traversed more and more, the longer its duration, the Germen Government has no guilt therein, It ts knows to. the Americay Government how Germany's adversaries, by completely paralysing peace: able trafic between Germany and neutral countries, have almed pay. the very beginning, and with increasing lack cf consideration, at the destruc: tion, not so much of the armed forces as the life of the German nation repudiating In doing so all the rules of international law and disregarding all rights of neutrals, On Noy. 3, 1914, England declared the North Sea a war area, and by planting poorly anchored mines and by the stoppagéd and capture of vem sels made passage extremely dangerous and dificult for neutral shipping by actually blockading neutral coasts and ports, contrary to all intern nationa! law, Long before the beginning of submarine war England prac. tically completely intercepted legitimate neutral navigation to Germany alvo. Thus Germany was driven to a submarine war on trade. | On Noy, 14, 1914, the English Premier declared in the House of Com mons that it was one of England's principal tasks to prevent food for man populacion from reaching Germany via neutral ports. Since i | 1st, Yngland bas been taking from neutral ships without further pela all merchandise proceeding to Germany, as well as/all merchandise comit from Germany, even when neutral property, Just as Me hoor, the German people ls aow to be given th acta ies