Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-14


government was abundaptly upheld IN
eve.v essential particular A recon
alteration OF the case by the Court oil
Anpeals is a possib ility, but in view OF
the unusually exhaustive character OF
Justice shepard's opinion it seems that
reconsideration could With little likeli-
hood change the courts understanding
of the case. nachen's lawyers, how
ever. have an alternative which they
will likely elect, that il applica ton
to the Supreme Court OF U. S. for q
writ of certiorari, ard review there OF
the Court OF Appeals opinion. This
proceeding would be expensive in the
extreme, aud would in all probability
meet With failure, because the Supreme
Court is not in the habit Of granting
such writs unless there seems to have
been grave injustice committed in the
courts below. This view will hardly be
taken of the MacheD case. The latter's
counsel have said repeatedly they will
carry the case as far as federal pro-
codure will permit, and therefor it is
probable the writ will BIZ applied for.
In any event, fifteen days must elspse
te.ore the main date of the Court oil
Appeals is returned, during which time
the lawyers will select Their course.
Judge John F. Kumler, of Toledo, D.,
Lorenzs lawyer, is en- route here to con-
fer with the Mschen and Croft c"unsel
At the Poslofice Department today 1t II
said by persons high in authority that
further prosecutions will be hurried
during the next few months. Many in
dictmepts which have not been pressed
on account OF the heavy legal work at
tending Machen's conviction and the
following appeal will now receive stten'
lion. In addition to the conspiracy in-
,ictment Oh which this conviction was
obtained, Machen was indicted on 10
other charges, various people appearing
with him In the indictments. The de-
Lartment will not consider itself handi-
capped by Mschen's going to the pen,
il bis appeal TO the Supreme Court of the
United States fails, in trying to convict
the others indicted with him.
George Reynolds was recalled to the
stand at the beginning of this mornings
session OF the SmoOt hearing before the
Senate committee on privileges and
elections to correct bis testimony. He
is supposed to be practically the secretary
of the Mormon Church. He desired to
change his statement that litigant in
the church could appeal from the
President 10 the whole church, 30 that
it might read that he could appeal ito
the united quorum of the priesthood.
He detailed the officers entitled to
sit in such a quorum. Mrs. Frederick
Ellis was sworn and said that
she resided at Salt Lake, was the
daughter of Angus Cannon and was wife
of Abram Cannon her cousin since
1879. Tho latter, an apostle, espoused
Lillian Hamlin in the month prior to
July Q, 1895, after the manifesto pro-
hibiting polygamy. He talked to wit
ness about his purposed plural marriage,
having then three wives. She said ::
II told him that if be married Lillian
Hamlin conscience would not permit me
to live with him. packed his grip
and he left after saying that Miss
Hamlin was going with him. At
this point the witness burst into tears.
She stated that her husband returned
from the trip very i'll and was brought
TO her house. The Hamlin woman was
at her home from time to time during
Capnon's illness. The latter asked wit
ness's forgiveness for the plural marriage
ard said he had Fever had well day
since. Il think it killed him." Mrs.
Ellis added. Mrs. Ellis had no knowl-
edge of who performed the marriage.
James II. Wallis, the cobbler whose
testimony as to the endowment oaths
Yesterday was so dramatic, was recalled
to the stand. He said: During several
months past have frequently told PEG
ple. both Motmons and GenIiles, about
the oaths." Pinned down he could re-
member of these only Mr.. Owen.
An arbitration treaty between the
United States and Italy was signed at
the State Department this morning by
Secretary Hay and Italian Ambassador
Senior Mayor des Pianches. This treaty
closely follows the lines of the other ar
bitrstion treaties recently signed between
this country and various European pow
ers. 1t will be sent to the Senate imme-
diately.
Vacancies in the Senate standing COM
mittees caused by the deaths of Senators
Hanna, Quay, and Hosr, have been
filed. There was considerable rivalry
between Senators Knox and Spoouer, to
get g place on the judiciary committee
Senator Spooner won out, by giving up
his position on Cuban relations. Sen
ator Knox was made chairman OF the
coast defenses committee, Senator Crane
gets the craftsmanship of Industrial ex-
positions and Senator Dick becomes
chairman of Indian depredations.
The President has denied exc utiye Glenn
eney to Mrs. Phyllis Dodge. from whom the
government seiEed a pearl necklace several
years ago. The sale of the necklace by the
that Mrs Dodge's attorneys might present the
matter to the President, will now proceed.
Mrs. Chadwick.
Mrs. Cassie L. Chadwick has made
another unexpected move. Late yester-
day afternoon she waived examination