davidaulloa/AmericanStories huggingface dataset:
The Glenwood post., 1908-01-11
PETTIbONE
ACQUITTED.
FOUND NOT GUILTY OF coNsPIR.
ACY TO MURDER GOVERNOR
STEUNENBERG.
COURT FREES M0YER
PERJURY CASES AGAINST FEDER.
ALTON WITNESSES ARE
~ ALSO DIMINISHED.

Boise, Idaho.-The end OF the prose-
cution OF tho men charged with the
murder Of Ex-Governor Frank Steunen-
berg, with the exception of the cases
of Harry Orchard and Jack Simpliins,
came Saturday with the acquittal OF
George 4. Pettibone.
Charles H. Meyer, president of the
Western Federation of Miners, was
formally released Saturday afternoon
at 4 O'Clock and will return with Pet
tibone in a few days to Denver
The case of Orchard, the self-con-
fesscd assassin of Steuuenberg, is in
the hands OF Prosecuting Attorney Van
Duyn, Of Canyon county. No state
ment as to the future procedure in
that case has teen made, but it will
be called during the next term of
court at Caldwell, when it will prob
ably be finally disposed of.
Simpkins, member of the executive
board of the Western Federation of
Miners, who is charged with compile
ity in the crime, is a fugitive from JUS
tice, and the charge against him will
stand.
When the Meyer case was called by
Judge Wood Saturday afternoon, James
H. Hawlsy representing Prosecuting
Attorney Van Duyn, signified the de-
sire of the state to have an order Of
dismissal entered.
81 am satisfied" said Judge Wood,
that the course taken by the district
attorney and decided upon by attor-
neys for the state, is the proper course
to be taken in the matter. have
watched the evidence carefully, so far
~ NO., t,,,xv
evidence under the statute was con
cerned in its application to this defen-
dant, and there has certainly moth
ing developed in the two cases that
would justify the court in submitting
the case against him to jury, un-
less there was considerable additional
connecting testimony to that which
which has been shown in the two cases
that have been tried, and for that rea-
son the case will be dismissed and an
order exonerating the bail of the de-
fcndant."
In addition to dismissing the case
against c. H. Meyer. the state dis
missed the perjury case against DR..
McGhee of Spokane and C. w. Alley
accused Of giving false testimony in
the Haywood case. 1t is understood
the case against Yost, charged with
tampering with talesman during the
Haywood trial, will also be dismissed
Although the Pettibone jurors
agreed that their deliberations should
be kept secret, it is stated that on the
first ballot the vote was s to 4, the
majority being for acGuittal.
The second ballot resulted in vote
d to g.
The third stood 10 to and so it re-
nained all through the night The
two holding out for conviction were
finally won over.
The Glenwood post., 1908-01-11
Enoineer FIetcher's Last Run.

Grand Junction, Colo. = Engineer
Herbert w. Fletcher of Grand juno
ton on his last run, before retiring
from the service, was killed outright,
mis- fireman, d. Frederickson, fatally
hurt, and Brakeman r. c. Darnell,
fearfully injured in collision with
string of stray coal cars on the main
line of the Rio Grande Western near
Thistle junction, a short distance west
of Grand Junction, early Monday morn
ing.
Fletcher was driving his train, an
extra freight, at rapid rate Of speed,
ignorant of the impending danger.
when it suddenly crashed head on into
the runaway cars, which were not pro-
tected by signal lights.
, The locomotive was completely de-
molished and Fletcher's body, horribly
mangled, was found between the drive
wheels of his engine.
The fireman was thrown out OF the
cab, the engine overtuTning upon him.
His injuries are so serious that his re-
covery is not expected.
Brakeman Darnell, who was riding
on the top of the first car from the en-
gine, was pitched to the ground and
one of the freight cars fell upon his
legs, breaking anu CFuSIiuS IAeM.
The injured men were taken to the
Salt Lake hospital on a relief train.
The track was blocked for several
hours and all traffic was suspended
for that length of time. The damage
10 the rolling stock was estimated at
about 100000.
Fletcher was thirty years old. and a
member OF the Elks and Brotherhood
OF Locomotive Engineers. He sent his
resignation to the company several
weeks ago and announced before leav-
ing Grand Junction Sunday night that
the trip was his last and that when
he returned he intended to retire from
the railroad and enter into business
for himself at this place, after visit
to relatives at his old home in Kansas.
Fletcher is survived by widow and
two children.
The Glenwood post., 1908-01-11
Estimates for Denver Building.

Washington.-Plans and specifica
tione were submitted to Congress Mon
day by Supervising Architect Taylor
Of the proposed new federal building
in Denver, for which site has recently
been purchased.
The estimates call for a building to
cost $1,S00,000, 49,500 square feet
ground space, basement, four stories
and attic, and of fireproof construc-
ton. Drawings showing the elevation
and plans of the building were sent
with the estimates. The items speci.
fed in the estimates are as follows:
Excavation, $10,12S; concrete floors.
$30,296; brick work, $122.31S; stone
work, 1917, iron and bronze work.
1901 1,S06; wrought iron work, $4,000:
fireproofing. $1S8,33S roofing, $40.69O;
plasteriry and marble floors, $1S4,324:
wood finish, $15G,648; painting $17.-
SOB; plumbing. $4,000; heat and ven
tilating, $4,000; wiring. $4,000; ap-
proaches and stone walks, $31,415;
lock boxes. $1,000: contingent, $172.-
COO.
1t is the belief Of Colorado members
Of the House and Senate that they will
succeed in having bill passed to NO
vide for the Denver building If there
MS any public building legislation this
The Glenwood post., 1908-01-11
Death of John L. Daley.

Denver-John l.. Daley, an honored
Colorado pioneer died at his home in
this city Friday afternoon of dropsy
after an illness of nine weeks.
Mr.. Daley was born il, Tiffin. Ohio
November 30, 1888. Seventeen years
later he became a printers apprentice
in Fort Wayne, Indiana. In the spring
Of 1855 he was connected with Chap
mans Chanticleer in Omaha, Ne
braska, later going to Dakota City, Ne
braska, and Sioux City, Iowa. While
at work in Sioux City be received a
request from Wi;iiam N. Byers to join
him at Omaha 20 arrange for estab-
fishing a newspaper in Denver. This
was done, Mr. Daley becoming fore
man of the Rocky Mountain News,
which was published under the firm
name of Byers s. Daley. A consolida-
ton was effected later with Rounds &
Bliss, the coESern being known as the
News Printing Company. The flood of
1864, four years after the News had
been established, washed away all the
printing equipment, but the paper did
not miss an issue. Mr.. Daley highly
prized the complete files of that time.
Mr.. Daley was elected treasurer of
Arapahoe county in 1877, holding the
Office for six years. Later he became
chief deputy county clerk. He was a
member of the park board under
Mayor Van Morn, having been the
first president of that body under the
old charter. prominent G. A R. man,
he was member of Lincoln post. his
war service being with Company A,
Third Colorado cavalry. He was eX-
president and at the time of his death
treasurer of the Colorado Association
of Pioneers.
Fraternally Mr.. Daley was con-
nected with Denver lodge No. s. "A.
F. and A. M; Denver chapter No. 2.
R. A. M, and Colorado commandery
No. 1, Knights Templar An active
worker in the cause of education he
was at one time president of school
board district No. 2 and much of his
time and money have been given for
the advancement of the school. Mr..
Daley was in the real estate business
for number of years.
He was twice married, his first
wife, formerly Miss Melissa Rounds
Of Chicago, having died one year after
their marriage. In 1868 he married
Mrs. Helen NJ Woodbury. and four
children were born of this union who,
with their mother, survive him. They
are Mrs w. R. Peabody, Miss Ann e.
Daley. Miss Grace Daley and John L.
Daley, Jr., all of whom reside in Den
yer.
The Glenwood post., 1908-01-11
New Pike'a Peak Road,

Colorado Springs.-Forming a ser,
pentine trail of lights up the eastern
slope Of Pixies peak, hundreds of arc
lights will illuminate the way of the
climber ty night along the new wagon
road that is to be constructed from the
upper terminus Of the new Manitou
Incline railway on top of Mount
Manitou to the summit Of the peak.
Work on the grading of the Manitou
Incline road itself is progressing rap
idly and Superintendent Claud l.. Nc
Kesson is confident that the line will
be in operation by June 1st. Extensive
plans for the preparation of camping
grounds near the upper terminus Of
the road are being considered.
The Glenwood post., 1908-01-11
LIABILITY Law
DECLARED VOID
UNITED STATES SUPREME COURT
HOLDS 1T TO BE UNcoN-
STiTUTIONAL.
FELLOW SERVANT ACT
DECISION APPROVED BY FIVE
JUSTICES, FOUR MEMBERS
OF COURT DISSENTING.

Washington.-That the congress
siOnal act known as tile Employers
liability law" is not in accordance with
the constitution of the United States,
because it goes beyond the bounds
permitted in the regulation of inter
state commerce, was The conclusion
reached by the Supreme Court of the
United States in deciding two damage
bases coming to the court from the
federal courts of Kentucky and Ten
nessee, which were brought under the
provisions of the law
The decision was announced by JUS
,ice White, the court standing five to
four against the law.
Even among the five who voted not
to sustain the statute there were diff
ferent shades of opinion
Following are the principal points
from Justice Whites opinion:
THE act being addressed to all com
mon carriers engaged in interstate
commerce, and imposing a liability
upon them in favor of any of their en-
ployes without qualification or restric-
ton as to the business in which the
carriers or their employees may be en-
gagged at the time of the injury, of
necessity includes subjects wholly out
Slue Ol lne power OIL congress 10 reg
ulate commerce..
Concluding as we DO, that the sta
tute, while it embraces subjects within
the authority of Congress to regulate
commerce, also includes subjects not
within its constitutional power, and
that the two are so lnterblended in
the statute that they are incapable
of separation. we are of the opinion
that the courts below rightly held the
statute to be repugnant to the consti-
tuition and uncomfortable and the
judgments below are, therefore, af-
1irmed."
The decision was in suits for dam
sges-one being the case of the widow
of Will Howard, man who was killed
IN an accident near Memphis; the
other that Of the mother of Morris S.
Brooks, fireman killed on the South
ern Pacific in Nevada.
The Howard case wa1 tried in Ten
tnessee with Judge Mccall presiding,
and the Brooks case in Kentucky,
with Judge Walter Evans on the
bench
The Glenwood post., 1908-01-11
MILLIONS IN CATTLE.
Western Stock Show at Denver VIII
Attract the Most Valuable Stock
in the Country

IN the Country.
The National Western Stock Show
that will be held in Denver the week
OF January Goth will bring there some
OF the greatest herds of pure blooded
cattle in the country. The advent of
such cattle into the far west is an in
dication of the evolution in the cattle
business that has been in progress for
the past few years. Some of these
herds, consisting of only a few cattle,
are worth more than many of the big
range herds of the early days. In the
pioneer days Of the western cattle
baron, cows were worth a ten dollar
bill and $25 was enough to pay for a
bull. The kind that will be shown at
this show sell as high at $4,000 for
single animal and the poorest speci-
men will average well over s1O0 One
of the interesting features of the show
is the public sales of pure bred cattle.
These sales are under the direction of
the National Record Associations of
the various breeds and only specially
selected animals are offered, COM
mittee of disinterested breeders pass
ing upon the cattle to be sold and re-
jecting all that are not strictly accord
ing to type. These cattle are offered
without reserve to the highest bidder,
not as money making proposition but
to encourage stockmen to invest in
these choice animals and thus discover
the advantage of breeding choice cat
tie. There is always great interest in
these sales for most of the cattle are
young and the buyer may secure at a
low price an animal that will develop
into an individual of sreat value. In
stances have been known where ami
mails sold at these sales at a couple
OF hundred dollars nave later been
bought back by the original breeder
at as many thousands.
The offerings at the Denver show
this year are said to be of unusual
high quality as the various breeds are
seeking to make their cattle popular
in the west. The Shorthorn Associa-
ton will sell fifty head and the Here
ford Association is Offering 100 head.
The Galloway Association will sell
fifty head. The Aberdeen Angus breed
will not have a special sale this year
hut there will be some choice speci-
mems offered at low prices at private
sale. Through these sales the results
Df this annual eXhib.t tion will within
few years attract the attention of
the country by reason of the improved
quality of the cattle OF the west.
The Glenwood post., 1908-01-11
Grand junction Sugar Factory.

Denver.-A Grand Junction dispatch
Tuesday night says: The local factory
of the Great Western Sugar and land
Company has closed for the season.
after one of the most successful runs
in It's history. The total production
of refined sugar exceeded $4,000, 900
pounds. Agents of the company left
today for various parts Of the western
slope with new contracts to be signed
with the growers for their 1908 out
put, which will be materially in
creased. The uniform price OF IS q
ton and rs cents per acre for plant
ing will be paid this year. ..-,fa,
The Glenwood post., 1908-01-11
Virtually sustalns Judge Lewis.

Neutrality-suspicious. significance
IS attached to decision rendered by
the United States Supreme Court Mon
day in the case OF former Congressman
John N. Williamson of Oregon, who
was convicted of subornation of per-
jury under the timber and stone act,
in that the decision is expected to ap-
ply to practically all of the prosecu-
tions brought in the arid land states
by the department of justice for al
legged violations OF the regulations OF
the Interior Department in timber and
stone and coal cases.
The decision virtually sustains the
recent decision of Judge Lewis of the
United States Court for the district of
Colorado, dismissing the indictments
brought under the timber and stone
and coal land laws. Today's decision
recitcs:
at is provided by section 8 of the
timber and stone act that effect shall
be given to its provisions by requisi-
tons prescribed by the commissioner
of the General Land Office. But this
power must be construed as authoriz-
ing the commissioner to adopt rules
and regulations for enforcement of the
statute and can not have authorized
him to virtually adopt rules and regu-
latons destructive OF the rights Con
gress had conferred.
"As there is no requirement concern
ing making Of final proof Of particular
aff1davits referred to, and as the entry
men who complies with the prelimi-
nary requirements is under no oDliga-
tion to make such affidavits and has
full power to dispose, ad interim, of his
claim, upon final issue of patent, we
think the motive Of the applicant at
the time CT final proof is irrelevant and
therefore that error was committed
not alone in instructing the jury that
the Indictment covered or could cover
procurement of perjury in connection
with final proof and that the jury
might base conviction thereon, but in
admitting final proof as evidence tend
ing to show an alleged illegal purpose
in the primary application for the pur-
chase Of lands"
The Glenwood post., 1908-01-11
U. s. PosToFFlcE BUSINESS.
Recommendations of the First Assist
ant Postmaster General

0ut SSkhdSkCi oCrGTdl
Washington-The report of First
Assistant Postmaster General Frank
Hitchcock has been made public. The
revenues collected through the post
offices during the fiscal year 1906
amounted to about $16s,OO0,0OO, gain
of more than 81 100000, and the report
states that this growth was continued
in 1907, when the aggregate was $780,
100000. In order to meet this continu-
GUS growth of his bureau Mr.. Hitch
cock makes an appeal for larger ap-
preparations.
"The present policy of reappointing
presidential postmasters who have con-
Quoted their offices to the satisfaction
of the public and department has re-
suited in decided benefit to the SER
vice." says Mr.. Hitchcock. He adds
that about siXty-five per cent. of the
presidential postmasters have been re-
appointed.
Increased salaries for various
classes of employees of the depart
ment are recommended. In order to
relieve third class postmasters Of the
necessity of paying for assistants out
of their salaries, a recommendation is
made for an increase to $2.O00,0OO OF
the allowances for that purpose.
Thirty instead of fifteen days annual
leave is raised for postal employees.
An extension of the city delivery
service to smaller towns than are in
cluded under the present law, is rec
commended. Under the amendment to
the law he suggests free delivery
would be given to over 1,4O0 towns
that do not now enjoy that privilege.
The total number of postmasters of
all classes appointed during the year
was 1875, as against 14,535 for 1906.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-23
Methods of the Trust.

Continuing his description of meth
DDS which he alleged were used. to alb
sorb or crush competitors, WaddeH told
of fights which were made by his COM
pany against the Indiana Powder COM
pany and the Southern Powder COM
pany. The Indiana company, which
was formed in 1897. had Ohio, Ken
lucky, Michigan, West Virginia and
one or two other states for its market.
He was directed by Eugene Dupont
and F. w. Owen to go to Terre Haute
and open the fight against the Indiana
company There he met the chief Off
GERS of that company II told them
that they had reduced the sales of our
company $4,000 to 10000 kegs of powder
in the territory they occupied said he,
and that We could not stand for that.
but would fight to regain the trade. /
proposed that the Indiana company be
organized with 100000 capital. of which
the Hazard Power company should
take 81 per cent and the other stock
holders 40 per cent. But they refused
TO enter into any agreement with them.
They said that they thought they had
a perfect right to manufacture powder
for their mines; that they wanted to be
friendly with us, and hoped there would
not be any fight. l told them that we
would put up mills near them and be-
gin the fight by underselling them to
their own trade
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-23
UNIVERSITY NOTES.

The university faculty gives a reception
in the gymnasium tonight in honor OF the
students. This is the annual faculty en-
tertainment and its purpose is to get the
students and the members of the faculty
acquainted. After a short program dane
ing will be the order of the evening. The
committee in charge of the affair con-
sists of Professors Pack, Vorhies and
SundVan.
The executive committee of the asso-
ciated students has selected Evan Steph-
ems Squire Coop and Professor Ebaugh
as a committee of judges TO select the
winning song in the competition that is
going on The best yell will be deter
mined by the vote of the students. The
committee offers a gold medal TO the
winner. The contest, which is open TO all
students and the public, closes Dec /.
The freshmen met yesterday and chose
H HOrsfaIll chairman of the committee
from the class that will have charge of
the decorations at the annual student
body dance to be given next Friday. 1t
is customary for the freshmen to put up
the decorations.
Rev. ". NJ Paden will address the stu
dents at chapel this morning After
chapel football rally and student
meeting will be held to urge thea stu
dents to attend the game with the soldiers
tomorrow.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-23
Made Deep Impression.

Every foreigner in Toxic was deeply
impressed by tonight's remarkable dem
onstration, coming as it did from an or
dinarily undemonstrative people
The entire day was taken up by a Sc
ries of elaborate entertainments to Ad-
miral Sperry and the other admirals of
the American fleet and their aides. The
American fleet commander together with
the other admirals and their aides will
leave Toxic at p. m. Oct. 23 when the
scene Of celebrations will change from
this city to Yokohama and will close with
a reception on board the flagship Connec-
ucut on next Saturday.
At the dinner given by Minister of For
eign Affairs Komura tonight the minister
I'm proposing the health of Rear Admiral
Sperry. said lie was bidding him a re-
luctant goodbye. He only asked the
admiral to take back to the people of the
United States the message OF good will
and kindly feeling seen on every face and
heard in every voice of tens of thousands,
which was "A sure reflection of the senti-
ments of the royal subjects of the EN-
Deror. Japan never forgot, said Minister
kOmura. that in her hour of stress she
had not looked in vain to the great re-
public for sympathy, while in her forward
struggle she had the example and en-
enlargement Of the American people.
Rear Admiral Sperry, in replying, earn
estly said that the character of the well
come given the fleet by Japan could rot
be mistaken and it must be perpetuated
for generations for no better gauge of last
ing friendship could be given than the
banzais of the tens Of thousands of chill
dren massed in the streets. No two
countries" said the admiral. lever
casped hands across the sea closer than
on this occasion. Both countries may rest
content that intelligent. friendly sym
pathy has drawn the ancient friendly ties
closer than ever before"
During an interlude of the magnificent
theatrical entertainment given tonight by
the Bankers club. Rear Admiral Sperry
the other rear admirals and their aides
appeared on the stage together with a
committee of bankers on behalf of whom
Baron Shibusawa presented the Ameri-
cans with an eloquent address of welcome
which was engrOssed and illuminated and
inclosed in a handsome box. On receiv-
ing the address, Rear Admiral Sperry
gracefully expressed his thanks
AT Yokohama today 800 girls, all pupils
of a music school, visited the flagship
Connecticut and sang American national
airs in English. The Japanese girls all
carried American flags and on leaving the
ship In lighters sang Hail Columbia" all
the way across the bay.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-23
METEOROLOGICAL REPORT.

Temperature at p. m. IS degrees; max
mum temperature q degrees; minimum
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-23
HAZEL HITS THE TRAIL.
Persona Non Grata With Sheriff EN-
ery's Purity Squad.

Mile" Hazel Boone, who is persona
non grata with Sheriff Emerys purity
squad, has hidden farewell to Salt
Lake. Hazel at first resented the SIur
cast upon her as being a vagrant, and
she evidenced her displeasure by fur
nishing 5000 bonds when she pleaded
not guilty With the changea bleness
of the daughter of Eve, however, she
sad another thought yesterday. with
the result that she admitted her guilt
under the charge against her. Justice
Bishop set the time for sentence on
Saturday, but it is understood that
Mile. Hazel took train for Denver
last night