davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
BABY CASE GOES OVER.
VIII Not Be Heard at This Term of
Federal Court. ...s

Two out of the three big cases
which were on the docket of the De-
cember session of the United States
circuit court will not be tried at this
session-the suits o fthe executors and
the administrator of the Perkins es-
tate against the Mutual Life Insurance
company and others for the collection
of the insurance held by the late Luz
cius H. Perkins of Lawrence Kan,
who 1t is claimed committed suicide,
and the incubator baby CASE in
which Stella Barclay of the state Of
New York is attemptin gto secure pos
session of the four year old daughter
Of Mrs. Charlotte Bleakley, formerly
of Lawrence, but now of Topeka,
through papers of adoption held by
the former, were continued. s---7
The remaining big case that of H.
Sam Oil company, for using the mails
to defraud will come up for a hearing
during the latter part of the week.
1.-THE issues are not yet made up for
this term said Eugene F. Ware, one
of the attorneys for Mrs Bleakley in
asking for the continuance of the
case. eff possible 1 would like to
have it heard at the January term or
the court at Kansas City, Kansas"
Judge John c. Pollock. who presided
at the opening session of the United
states circuit court this morning,
kins case will come UP in a manner, ar
guments will be heardto settle certain
questions Of law which have been
raised, as to the Jurisdiction of the
court and a motion of the defendant
calling on the insurance companies to
pleading. Aside from these two mat
tiers the Perkins case will not be be-
fore this session of the court and these
two questions are merely technical.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
VICTORY FOR GREAT SMITH.
Topeka Made Automobile Wins Cali.
fornia Hill Climbing Contest.

A telegram received in Topeka from
Los Angeles contains the brief an
nouncement that Great Smith auto
mobile won the box springs River
side hill climbiyS contest at River
side Cal, on Thanksgiving day. The
telegram announces that the other en-
tries in the $4,000 and under class
were a Thomas, an Oldsmo bile, a Mar
mon. Premier, a Pope Hartford and
a Tourist.
The Great Smith was driven by P.
A Renton of Los Angeles, an owner
of a Great Smith car who has driven
1t over all the difficult mountain roads
of lower California and who knows
and appreciates it's capacity.
The Riverside hill climbing contest
is an annual Thanksgiving day event.
There are six classes: Runabouts,
costing $3.50 and under; runabouts,
costing $3.50 and under; touring
cars, costing $1,000 and under; tour
ing cars, costing $4,000 and under:
free 70 rail- touring cars and free for
all runabouts.
The victory of the Great Smith
touring car oevr cars costing much
more money is naturally a source of
much qualification to the Smith Auto
mobile company. of Topeka which
manufactures the car. The contest
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
LOCAL MENTION.

Make Price your druggist. satisfac-
ton guaranteed
Rev. H. V. Scholes will hold pro-
tracted meetings at the Prairie Home
church at Menoken for the next three
weeks commencing with Tuesday eve
ming, December Bird.
Sim A, Bramlette, president of tha
Kansas State Federation of Labor.
VIII address a meeting for union men
only, at Industrial Council hall. SIS
Kansas avenue, on Thursday evening,
december at o'clock
Biggest and lowest priced line ~
portrait frames, framed pictures and
picture moulding In the CITY at Coe
Bros. Cut Rate Art Co., 832 Kansas
Work was begun this morning ~,
the Ensign water fountain for horses
ana dogs, which is being erected at
the intersection of Sixth and Quincy
streets by the National Humane So
cleey: II VIII be one of the most or
namental as well as useful public
utilities In that part of the city. T'he
sewer connections will be so arranged
as 70 keep both the upper and lower
basins flooded all the while.
H. "A. Chamberlain secured n nar-
NIT today to erect a two story frame
dwelling on the lot at 1434 Harrison
street. The estimated cost is S4.0OO
E. d. Murphy is the contractor.
Inere We're three responses to Are
department. but the total loss entaiIed
VIII not exceed $3.50. Shortly before
noon Yesterday the department was
called to IT'S Twiss avenue. where the
roof OF two-story house. owned and
occupied by Mrs. Catherine McGivern.
was on IRE. The loss was $75 At 4
p. m, hre was discovered in the kitch-
en- OF t. H. Clark's home, 622 West
Elghth street. The loss is small. At
II: go last night the department wac
called out to 40 East Fifth street. but
the blaze was confined to rubbish IN
the street and there was no damage.
General James Drain. president of
the American Rife association. will
be in Topeka Tuesday for a confer
ence with Adjutant General Hughes
and other Topeka men Interested in
shooting, in regard to the organization
Of a state association for the promo
ton of rife practice.
John Strickrott again carried of the
honors at the rifle club shoot Saturday
evening making the high score OF
1917 for the weeks shooting
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

haitian. December 26 to January 4.
Il do not know until I have talked
with Secretary Kiene whether the ten
young men who won the trip from this
county will meet here and go in a body
to Manhattan, or whether they viii
go separately" said Major Anderson
u Will say, however, that Secretary
kiene, has been a student at Manhat,
tan, that he knows all about where it
is best for the young men to stop, how
best for them to get the most profit
and pleasure out of the trip and that
the Commercial club will be glad to
foot the bills covering the expenses
of the young men at the institute as
per the selections of Secretary
Kiene."
The names of the young men who
won this trip Saturday for exhibiting.
the ten best grades of corn grown in
shawnee county were printed in the
State Journal Saturday. -. - -
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
FIFTY ENToMBED.
Latest Estimate on the Naomi Mine
Disaster

Pittsburg. Pa, Dec. 2-The number of
men entombed in the Naomi mine of
the Union Coal company of this city,
located one and half miles back of
Monongahela City. IS miles from this
place is now said to be so. Hope that
the men will be rescued alive is grad
ually dwindling away. This afternoon
the large force Of rescuers had only
succeeded in reaching the nineteenth
entry and no sign of the entombed men
had been found. There are 35 entries
in all and the men were working far
back in the mine when the explosion
occurred last night.
The work of rescuing is progressing
slowly and with much difficulty. Owing
to the poisonous gas fumes the rescuers
are unable to remain in the entries
longer than 10 minutes at time.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
COUPLER CASE ARGUED.
Government Asks to Have Decision
Set Aside. -.e

Before the Kansas supreme court
this morning Luther NJ. Walter, attor-
ney for the interstate commerce COM
mission, argued on behalf of the gov
eminent the famous automatic cou-
pler'' case from Sedgwick county in
which Henry Brinkmeier, a brakeman,
recovered $500 damages against the
Missouri Pacific for personal injuries.
In reversing the decision of the Sedg-
| wick county district court in that case,
the supreme court held that after a
railroad company had once equipped
| its cars with automatic couplers in
compliance with the federal law. 1t
| should no longer be; held liable for acct
dents due to these couplers getting out
| of repair. .s.
To this ruling the interstate COM
merce commission took radical excep-
ton, and applied for a rehearing, which
was granted. 1t Is the rehearing which
| is before the court today.
Bale Waggener is attorney for the
Missouri Pacific, while c. ". Ferguson
represents Brinkmeter. The govern
ment, which stepped into the case In
defense of the automatic coupler law,
is represented by Mr.. Walter.
The opinion of the Kansas supreme
court. as expressed in the syllabus re-
lversfng the lower court, is as follows:
when "a railroad company equips
it's cars with automatic couplers as pre-
scribed by said act, it will not there
after be subject to the conditions I'M
posed of such enactment on account OF
subsequent defects occurring to the
couplers which ordinary care and dill
gence could not have avoided
The facts In the case are not In dis.
pute. 1t is admitted that the cars OF
the train with which Brlnk-
meier was detailed were equipped
with automatic couplers, and that
the coupler on one of the cars was de-
fective, and would not go into place
properly. 1t was while Brinkmeier
was trying to force this coupler 10
work that he fell under the tram, anu
was run over.
Mr.. walters held in his argument
this morning that the provisions or
the automatic coupler act are apso-
lutte, and do not admit OF the con-
struction given by the court that the
carrier can not be held liable for de-
fects in the couples after having once
properly equipped its cars. MT. wal
tiers held that the only way the mean
ing of the enactment, could be changed
was by the legislative authority and
not by the courts a.
'sWhat would you say" asked Chie1
Justice Johnston of MT; waters ~ d
car properly equipped should be found
to be defective while a train was MID
way between stations?
IT would say that under the law,
that train can not proceed turner
must be eliminated Immediately"
"You mean that the car with the
defective couplers sh ould be set or
the track?" asked Mr.. Johnston
- yes, sir, the car should be derail-
ed and taken out. of the train. That Is
the only construction the statutes
admit replied the representative OF
NJ The interstate commerce commits
sion considers that if the ruling Of the
kansas supreme court Is accepted as
final. the automatic coupler act is
nuIlified. and all the good results ex-
pected from that act will be lost.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

charged with the murder of former
last winter.
Judge Powers of Salt Lake, senior
counsel, and Attorney Hoover, for the
defense, occupied the morning session.
District Attorney Baker following dur
ing the afternoon. His argument was
extended nearly two hours. after which
the court was prepared to deliver the
charge and hand the case to the jury.
The defense laid special stress upon
the evidence regarding insanity and
contended that it was former Senator
Brown and not Mrs. Bradley who i'm
portuned for the Illicit relations; that
it was not case of breaking up
home but that with Mrs. Bradley it
was an attempt to secure a name for
her children.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
ALLGOOD MUST ANSWER
VIII Be Tried for the Murder of
e.. Joseph New.

| 1--WE are going to have warrant Is
| sued for the arrest of Frank Allgood
charging him with the murder OF
| Joseph New. He is now serving g
| term in the Missouri penitentiary fol
breaking into a railway car, and his
| term expires very soon know Jus'
when it is. and we have plenty OF evil
dence to convict him."
This is the announcement made to-
da Naby w. P. Fleeman, former peniten-
tiary officer, and now assistant chief OF
police of Coffeyville, Kan. Mr.. Flee
man is the man to whom Alvin Bal
lard made his celebrated confession,
charging the New murder to a gang
composed of Frank Allgood, a man
named Turner and himself.
THE pardon of Mrs. New said Mr..
Fleeman this morning "was an act of
long delayed justice. She should have
when Ballard made his confession.
She is as innocent of that crime as
a baby Alvin Ballard is now living in
Iowa. 1 had letter from him Thurs
day, and he will be on hand to testify
against Allgood. Turner is now in Old
Mexico, don't know just where.
There is no doubt in my mind that
Ballard told the exact truth about that
murder. He repudiated his confession
because certain officers at the peni-
tertiary. influenced by shultz, Mrs
News attorney made things SO un-
pleasant for him that he had to recant
in self defense. As soon as he got
out of prison, away from the influence
of those parties, he was all right, and
stands by his story. He has been liv-
ing a decent life ever since his release
from prison.
cit will be remembered that Ballard
confessed to a vast number of thefts
committed by that Aflgood gang.
Through his confession, we recovered
ia horses and over SO vehicles stolen
I1xyf a
full of moulds for making counterfeit
money, used by this gang, and 1877
counterfeit silver dollars which were
all turned up to me by Ballard in his
confession. have the shirt which
Allgood wore when he shot New, and
the sleeve of that shirt Is covered with
blood. which Allgood got on it when
he turned the body of New over to
search him for the money I also
have Allgood's shoes. which are COW
cred with blood stains.
ST have taken an Interest in this
case for the purpose of seeing JUS
tice done to innocent parties and to
the guilty men. / never made dol
lar out of the case, In fact, I spent
nearly 5000 of my own money in get
ting evidence to prove Mrs. New in
nocent. / am ready to spend more to
convict Allgood 1t was Impossible to
get a warrant for Allgood's arrest as
long as Mrs New was in the penften-
tiary, but now that she is free. we can
go ahead with the case against All
good"
Mr.. F1eernan came to Topeka today
presumably TO consult with Attorney
General Jackson and Governor Hoch.
He would not state the exact nature of
his mission 1t is supposed, however,
that he wants to arrange Tor immunity
for Ballard. and the issuance of a re-
ouisition for the return of Allgood to
Kansas
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
BIG LAND SUITS.
Kansas Gases Are on in the Federal
Court.

Vieing with the Tucker case for in
terest come the A land cases in which
upwards of 10000 acres valued at a
half million dollars Is at stake. The
cases have to do with the ownership
of western Kansas school lands on
which partial payments were made by
the original purchasers, only to make
forfeiture of later payments when hard
times and poor crops struck the owner
of the land. The interests of these par
ties were later purchased by investors
and spectators who attempted to GUST
the present occupants of the land, who
had made a repurchaSe from the state.
The investors and spectators claimed
that when they made a tender of the
payments forfeited by the first pur-
chasers, whose interests they had ac-
quired, together with interest due and
accrued on the forfeited payments that
they held a rightful title. The question
of ownership was thrown into the
courts on A suits filed of which M. P.
Beatty is mentioned as the plaintiff In
16 cases. Hubert NJ. Waite four, the
Geneva State bank three, John A. Ma
guire fiye\caSes and J. j. F'oltz five.
The above Invested heavily when the
market for western Kansas commence
ed to strengthen in the rights of these
to GUST the present occupants many of
whom have made improvements of
substantial nature on their farms and
have grown wealthy\o successive good
crops.
An agreement has been reached be-
tween the attorneys on the opposite
sides of the cases to present the issues
to the court in one case and let that
settle all the remaining cases for all of
the A present the same questions of
law. The stipulations on which the
one test case Will be presented have not
yet been agreed upon. OF local inter-
est are the five suits pending against
as many different fire insurance COM
panies brought by the Amusement
Syndicate company and the Bank of To-
peka for the collection of $25, 800 of in
surance which was carried on the old
Crawford theater. The five insurance
companies which refused to make pay
ment and against whom suit is brought
are: Agricultural Insurance company,
Western Assurance company, Columbia
Insurance company, American Insur-
ance company and the Spring Garden
Insurance company.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

Eloquent Addresses by Rev. j. IL.
Jones and Il. +. DOran.

Following the custom of the order
the annual memorial services of the
order. of Elks was held Sunday after
noon in the library room, in the quar-
tiers of the order on Jackson street. Six
or eight hundred -Elks and friends at
tended the services which consisted of
addresses by t. F. Doran and Rev J.
H. Jones, pastor of Unity church and
musical programme.
The annual memorial service for the
departed brothers is an event that is
observed by every lodge of Elks in the
United States on the first Sunday in
December and it is estimated that $780,
900 E,lks met Sunday afternoon for the
purpose of observing the occasion The
ceremonies are simple and impressive
and yesterday the occasion called to
mind the deaths of four members of
Topeka lodge who have passed away
during the past year: DR.. ]. p. Lewis,
c. r. Maunsell Samuel Lakin and H.
A. Cherry.
The club rooms were not decorated
yesterday save with the exception of q
huge sheaf of flowers tied with pur-
pie ribbon. the color of the order. Each
member and visitor received a white
carnation as he entered Henry Ruff.
exalted ruler of the Topeka lodge, pre-
sided and was assisted by the remain
ing officers of the order. Sixteen deaths
have occurred in the membership of the
Topeka lodge since it's organization in
1891 and the names of the departed
brothers are engraved on tablets of
marble which are imbedded in the walls
of the lodge rooms emblematic of the
motto of the order:
THE faults of our brothers we write
upon the sands;
Their virtues on tablets of love and
memory"
Following the Invocation by William
Henderson, chaplain of the lodge Rev.
J. h. Jones, pastor of Unity church.
delivered a, short address during which
he said: During the past half CEN
fury numerous fraternal orders have
come into existence and experienced a
wonderful growth, the order of EIks
being foremost among the number OF
all of these orders which have come
into existence during this time the Elks
alone hold an annual memorial service
when they meet and pay tributes to
their departed brothers.
AT the same hour on the same day
the membership of the 1900 Elk
lodges in the United States meet as
one body to honor those of their num-
Der who have passed to the great be-
yond. In every heart there is born
a desire to be remembered after
death, and it is this desire which has
prompted most of the great and last
ing things that men have accomplish-
ed in all ages.
such desire it was that prompt
ed the ancients to erect the PYRAMIDS
of Egypt, the cathedrals of the middle
ages and the costly monuments of the
present day. But sweeter and dearer
than all of these is the monument left
In the hearts of our friends. What Is
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
coId Rut Not UnpIeasant.

The weather for today has been very
delightful for the most part. There
were however. some stormy looking
clouds oyerhanging Topeka during the
forenoon but they have all disappeared
this afternoon. The day is clear and
there is a little rawness to the atmos-
phere which is tinted with autumn
weather rather than winter. The FORE
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
MAKING GOOD TIME.
Selection of Jury in Pettfbone Case Is
Well Along

Boise, Idaho, Dec. 2.-When the
trial of George A. Pettibone charged
with completely in the assassination of
Ex-Governor Steunenpe-g was re-
stunned In the district court, one hun
dreo talesmen were present. Fifteen
of these were discharged by Judge
Wood on. presenting statutory ex-
cuses for exemption from jury duty.
With the acceptance of T. A. Brown,
the jury was passed for cause by the
OF
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
John Smith Arrested

John Smith,-not the original John.
to whom all crimes are charged, how
ever, was arrested Saturday night by
Detectives Judkins and Summers. on a
charge of selling and" The old Santa
Fe hotel is the alleged keeping place,
and although the officers found no sup
ply of liquors on hand, they think they
have a case against Smith
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
READY FOR MANHATTAN TRIP.
Successful Boy Corn Growers VIII Be
Properly Entertained.

Major Thomas ]. Anderson. secre-
tary of the Topeka Commercial club
said this morning that Secretary F. A.
Kene, jr., of the Shawnee County
Corn Growers. Contest ass ociation, is
getting things ready at Manhattan for
the ten young mon who won q trip to
the State Farmers institute at Nam
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

ing power and the result proves what
the Smith people have always claimed
that no car no matter at what price
it sells surpasses the Great Smith as a
mountain climber or on difficult
grades
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
Notice Il. l.. of s.

The degree team Of council No. 2 will
hold bazaar Wednesday afternoon and
evening, Dec. 4, at their hall, 701N Kan.
ave. Refreshments will be served.
Music by K. g. L. of s. band. Every
body invited.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

Mr.. Thos. Prime of San Francisco.
the theosophical lecturer, who is here
for week, will give a talk on 1.-THE
Power of Thought" at Mrs. Sweezey,s.
$40 West Sixth street, Tuesday after
noon at $3.50. All invited.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
ARGUMENT CLOSES.
Bradley Case Is Ready for Instruc-
lions of Court.

Washington, Dec Both the de-
Tense and the prosecution made their
closing arguments today before the jury
in the trial Of Mrs. Annie NJ. Bradley,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

Jane Matthews. aged 60 years. died yes
terday of consumption, at her home, 1915
North Harrison street. The uneral was
held from her late residence at 10 O'Clock
this morning and the remains were taken
to Silver Lake for burial.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

Katherine Botale died Sunday at
Christ hospital at the age of two years.
The funeral was held this afternoon at
1928 Jackson street, and the body was
buried in Topeka cemetery
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

cast for tomorrow says fair and colder.
The wind today is ten miles from the
northwest The following are the tenn
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

Prices turned upward for another brief
interval and then yielded again.
Bonds were irregular.
A brisk rise occurred in the afternoon,
led by Reading. Forenoon losses were
about cancelled and number of stocks
sold q fraction or more above Saturdays
final figures. Kansas and Texas and
Mackay Companies preferred rose
points, Westinghouse Electric ~ points,
Grande preferred, Colorado and Northern.
and Reading Ia points. Missouri Pacific
Pacific and National Biscuit 1 points
and Northern Pacific, Kansas City South
eren and General Electric point.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
New York Money Marlet.

New York. Dec. 2.-MONEY-Money on
call firm, 5Q13 per cent; ruling rate IL per
cent, closing offered at per cent. Time
loans dull and easy. Sixty days. 10 per
per cent. -----
CLOSE: Prime mercantile paper s9i0
per cent; sterling exchange easy, closing
firmer, with actual business in bankers
bills at "a. 86k G4S6c5 for demand and at
$3.50 for 90 day bills; commercial bills.
$4.79A.
sILyER-Bar silver. 57alc; Mexican doll
lars, 455kc.
BONDS-Government bonds firm.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
Cotton Market.

New York, Dec. 2-COTTON-sales to-
day 1884, 900 bales. Spot cotton closed steady.
Middling uplands, $11.sO; middling gulf
S12.05.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02

Word has been received in Topeka of
the death of Frank Brinsmaid, who was
at one time connected with J. w Farms
worth in the crockery business His death
took place at Long Branch. Cal although
he has for some time been a resident of
Los Angeles. =