davidaulloa/AmericanStories huggingface dataset:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Act of Legislature
Declared To Be
Unconstitutional

CHARLESTON, Jan. 22-In an op-
inion written by Judge Henry Bran
non and concurred in by other mem
bers of the Supreme Court of Appeals,
section 2974 of the annotated code of
1906, providing that fine accruing from
prosecutions instituted by deputy fish
and game warden, shall go to these
officials was declared unconstitutional,
because of its glaring conflict with the
constitution Of West Virginia.
The opinion Of the court was hand
ed down In the case OF the State VS..
Robert Parkins, from Monongalia
county, and the Judgment Of the lower
court was affirmed. Bennett s. White,
as a deputy game and fish warden,
caused the indictment and conviction
OF Robert Uarkins in the courts of Mo-
nongalia county for unlawfully kill
ing Virginia quail and caused several
fines to be paid into the circuit court
of that county. White then filed a
petition in the circuit court claiming
the fines for his services as deputy
warden, but the court denied his right
to the fine money and directed the
fines to be paid to the sheriff to be
accounted for to the State treasury.
One OF the statutes Of West Vir-
ginia provides that deputy game and
fish warden shall receive for his SER
vices the fines accruing from such
prosecution as may be instituted by
them, but no money shall be paid
them out of the treasury Of the State.
Section 1914 of the code OF 1906,
gives the money to White in this in
stance, but section 5, article 10 of
the West Virginia constitution says:
THE legislature shall provide for the
support OF the free schools by appro-
priating thereto the net proceeds of
all forfeitures and fines accruing to
the State under the laws thereof"
The constitution commands that the
fine money go to the support of the
free schools, while the act Is directly
to the reverse, diverting the money
from the free schools and giving them
entire to the deputy game and fish
wardens-a glaring conflict
Judge Brannon in. his syllabus says:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Passed Through
Fairmont Early
Yesterday

GRAFTON. Jan. 22.-Monday even.
ing on train 55 which arrives here at
5:15 o'clock well dressed and appa-
rently respectable lady stepped Oft.
carrying an infant child in her arms
and she seemed worried and restless
as she walked up Latrobe street, and
several pedestrians were attracted by
her youth and pleasant appearance.
She went to the Sherwood hotel
and there registered as Mrs. Tramp
ton, of Baltimore. and went at once
to her room which the clerk assigned
her, stating that she was tired and
needed rest, but when she was lodged
in her apartment those connected with
the well known hostelry noticed, in
passing her door that she was up and
restless at late hour, but she ate
very good supper and appeared
very calm in the dining holl of the
hotel.
Attributing her restlessness there
after to the long journey from the
Monumental City. no one was con-
cerned about 1t until yesterday morn
ing. after she had left the hotel and
city on the train that leaves for the
west over Wheeling division at
Gas o'clock and at that time the
night clerk was on duty and did not
note anything particularly wrong.
ms he was ignorant OF the fact that
she had been accompanied by the
infant upon her arrival, but when
the rest of those connected with
the hotel were up and about one OF
the chambermaids heard the baby
wailing pitifulIy in the room that
had been occupied by the lady and.
upon entering. discovered the limo,
cent foundling lying upon the bed
motherless, friendless, deserted, and
she at once notified Mr.. E. w. Cheno'
weth, the proprietor. of the unusual
find.
Mr.. Chenoweth came up and made
immediate preparations for the care
of the babe until better arrangements
could be made and then notified the
officers, who at once telegraphed
along the line of the road to the
officers to be on the watch for the
deserter, who was aged about 20
years and was neatly dressed in
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Young Woman Left Sweet
Little Babe At Grafton Hotel

black trimmed with white on the
cuffs and collar and wore light
brown veil. From all appearances
the girl would seem to be of a re.
spectacle family and the clothes of
the babe were of the very best and
plentiful.
The babe Is an unusually pretty one
and gives very little trouble to those
in charge Of 1t, and after search
was made about its clothes for some
mark OF Identification the following
note. written with lead pencil on
piece OF an envelope was found:
Gladys Genevieve. Born Decem.
ber 20. 1907. Take her and give
her a good home and good care, for
you will never regret 1t; for she is
dear, sweet babe. Her mother will
return some day. May God bless her
protector"
The note was unsigned and was
written in very good hand showing
that the education of the mother
had net been neglected. This makes
the babe just three weeks and three
days old to-day, very tender ago
to be left to the mercy of the pub.
lie, but there were a number OF
ladies at the hotel yesterday who were
anxious to adopt the wee girl and there
will be no trouble experienced in pro.
curing good home for the child.
Opinion differed as to what train
the woman and babe came in on, but
several stated that they had seen her
step Off the train from over the Graf
ton and Belington branch, and the
clerk at the Sherwood, Harry Lee,
said she came from up toward FL
kins.
The report came in that she was
arrested below Fairmont on the train.
but this proved erroneous and the
last report that was received here
stated that she had branched OF at
Fairmont and gone to Connellsyille,
in which case she may have taken the
train to Cumberland from there and
from there gone on to her home up
about Elkins If there is where she
really came from.
AT late hour Monday night many
persons noticed her walking around
the streets and at that time she
must have been debating as to what
she would really do with the child. In
any case It was a severe ordeal for
the mother to part from her child and
persons who are ignorant of the mo
tive that impelled such a step should
1contlnGed on Page Four.j
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
CHARMING YOUNG
WOMAN DEAD
MISS ELLA BEHYMER PASSED
AWAY AT HALF PAST TWO
THIS MORNING.

This morning at half after two
o'clock at Cook Hospital occurred the
death of Miss Ella Behymer after a
several weeks illness.
Miss Behymer had been i'll at the
home of her sister, Mrs. D. E. Stephan,
on CASTOR avenue, for several weeks.
but was not considered to be serious
ly i'll until about a week ago when
complications set in. On Friday it
was thought necessary to perform au
operation, and since that time her con-
dition has been very grave.
The announcement OF the death OF
Miss Behymer has brought much sor-
row to the people OF Fairmont, where
she had made many friends since her
residence here. She was teacher by
profession and has taught with much
success the primary department Of the
Second ward school for the past two
years. Her home is at Williamsburg,
Ohio, near Cincinnati. Deceased was
an active member of the First Presby.
terIan Church and was faithful work.
er in every department of church
work. She was a teacher In the Sab
bath school, leader of the Junior Chris
tian Endeavor Society, an1 an active
member of the Senior Society. She
was also a member of the Woman's
Club of Fairmont her death being the
first since the organization of the club
more than year ago.
Miss Behymer is survived by her
mother, Mrs. elizabeth Behymer, and
two sisters, Mrs. David E. Stephan and
of whom were at her bedside when the
of whom weer at her bedside when the
end came. Miss Behymer was the
youngest child. The remains will be
taken to Ohio Thursday evening and
will be inferred In the family burial
ground at Amelia. near Williamsburg.
Private funeral services will be held
on Thursday at half after one o'clock
at the residence of DR.. stephan, con-
Quoted by Rev. H. G. stoetzer. I'm.
dertaker R. c. Jones has charge OF the
funeral arrangements.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22

will be executed very soon.
Players are being signed up and the
prospect for good team is very
bright. Several of the players in Fair
mont's team last year will be found
in the joint team which will be made
up of the best players in the Western
Penn League. An equal number OF
games will be played at Fairmont and
Clarksburg.
Contracts have been signed with
Terrence P. Hopkins, of Cleveland.
one of the leading pitchers of the
Trolley League last season; Fred All
bright, of New Waterford, Ohio. pitch
er of the same league: e. G. Haught,
popularly known as "Doggle" Haught
and the best centerhelder in last year 8
West Penn League; Ray Holmes, of
Camden, W. va, outaelder; Joe Gates
of Buffalo, N. Y, third baseman. and
w. H. Sease, outaelder.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
FOR
CALEB: !.
ONE IN FAIRMoflT AND lli.li
PEOPLE ARE staNIHc

A great many people are signing
petition for the pardon OF caleb Pow
ers for alleged completely Ii the mlif
der of Governor william Goebel ol
Kentucky. Powers has been IL psIE
on for seven long years and eleven
out Of twelve men on his last
said he was not, guilty The people
seemto think e, has suffered enough
and they are taislng this method q
asking the Governor Of Kentuely tp
grant him pardon.
Captain ]. w. shroyer has copy ct
the petition at his ONCE and any one
wishing to sign 1t can call there and
do 80. People Of all parties IRE sIgn7
ing the petition for the young nan
freedom and It is thought GoyeTnor
Wilson will grant the request 4
suHicient number Of people SIN ne
petitions.
Z. "
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
ADDITIONAL APPROPRIATE FOR FAIRMONT
P0STOFFICE BUILDING WILL BE ASKED FOR
Comstock Tells Of Whites
Den In Madison Square Tower

had written her subsequent to the
events that followed their meeting.
"Where are those letters?' asked
the district attorney.
81 don't know"
when did you last see them?"
"I think it was in Mfr. cartridges
Office"
did you write to Stanford White
from Boulogne?"
"Yes."
"one letter or two?"
~ don't recall"
Like the direct inquiry, the cross
examination of the witness lost effect
from repetition, no new facts having
been unearthed to confront Mrs. Thaw
with up to this time.
How long was 1t after you landed
from Europe in 1903 after telling this
story to Thaw about Stanford White
that you we're in the Madison Square
Garden tower with Stanford White?"
asked Mr.. Jerome.
Some time"
1.-TWO days?"
more than that"
"a week?"
Yes"
AS long as that-after YOU declined
an honorable offer of marriage because
of this man?"
"I went to dinner at the tower but
did not go alone"
did you tell Thaw about lt?"
yes"
Mr.. Jerome here produced the phot-
ographic copy of the famous Hummel
affidavit and had the witness identify
the signature. Mrs. Thaw told yester.
day of the burning of the original afft-
davit which she declared size signed
without knowing its contents. The
affidavit alleged cruel treatment by
Thaw during the 1903 trip abroad. !.
When the witness was asked If she
told Hummel the things set forth in
the affidavit or anything like them she
replied as follows:
Il most certainly did not"
Mr.. Littleton objected to questions
concerning the affidavit. saying it was
not material issue in the case. He
Continued on Pace Flve.O
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
NewP PumpIO Ordered
ELEVATORS USING WATER pow
Err WILL STOP RUNNING FOR
A FEW DAYS.

By order OF Mayor Arnett all water
power elevators will be closed down
until the danger of a water famine 10
passed. The water is thought to be
suficient for ordinary use unless an
accident should happen to one of the
old pumps. A new pump has been or
dered and will be installed about the
first of the month, when 1t is expect
ed to reach here. The boiler is al
ready on the ground and everything is
being made ready 50 that It win take
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22

FLEMING GIVES
out INTERVIEW
Has Just Returned
From Washington

Postmaster A. Howard Fleming rec
turned from Washington yesterday
where he went to see what had been
done in regard to Fairmonts govern
4nent building. Mr.. Fleming was In
teryiewed this morning and gave out
the following statement:
sAt the solicitation of some Of the
prominent men Of Fairmont was re-
quested to go to Washington to see
what adyancements had been made to-
ward the purchase of site and com.
mencement of the public building for
Fairmont. Mr.. John steele, secretary
to Senator N. B. Scott, and myself
called on Mr.. Taylor. supervising ar.
chitect. Mr.. Taylor informed us that
he had some bids from Fairmont for
site, some were undesirable in loca-
ton those that would be desirable
were too expensive. considering the
fact that only $4,000 had been ap.
propriated and that under the law
only fifteen percentum of this amount
can be used for the purchase Of the
ground, which amount would not To-
cate the building in a desirable part
OF the city as 1t is the rule to locate
government buildings as near the bust
ness center as possible. 1t was then
decided it would be best to ask for
an additional appropriation which will
be edoner
City Delivery at Monongah.
The citizens of Monongah will be
pleased to learn that through the eff.
forts OF Postmaster A. Howard Flem.
ing that town will soon have city free
delivery Of mails. PostofFice Inspec
tor H. c. Hill, of the southern district
OF this State. was at Monongah last
week to look over the conditions and
report the same to the department at
Washington. On examination InSpec,
tor Hill was able to make favorable
report and the petition to establish
city free delivery was granted.
The new regime will go into effect
as soon as the authorities at Monop,
gah can name their streets and mum.
ber the houses. When that matter IS
attended to, two city letter carriers
will be commissioned to distribute
mail.
The establishing of city free dcllv-
cry will be great convenience for
Monongah and could only be effected
by Monongah's being identified with
the Fairmont Office as a station. Mo.
: nongah will now have a splendid ser.
vice which few towns its size enjoys.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Shaw Denies It
SAYS HE HASN'T RESIGNED BUT
MAY RETIRE THE FIRST
OF MARCH.
(By United Press.)

NEW YORK. Jan. %. = Former
Treasury Secretary Leslie NJ. Shaw
denied to-day that he was to resign
from the Carnegie Trust Company
presidency. He added, however, that
he would likely retire March first. He
declined to discuss the alleged differ
ences between himself and Charles c.
Dickinson, chief owner of the institu-
ton. Shaw has contract calling for
a five year service at $4,000 yearly.
The company is in fine condition, hav.
ing SS,0OO,OOO in deposits.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
MANY THINGS
BEFORE COUNCIL
LAS MIGHT
Busy Sessio q
The City Fatllg1

y ?
Council met in regular session st
night at the council chamber at sle eAt
O'Clock. All councilmen were pres
ent except Jamison and Hawi.ina.
Mary E. Bishop was granted q per
nit to erect six-room house on Mon.
roe street.
Elizabeth Laye1le was granted 4
permit to erect ayeroom house on
Eighth street, Fifth ward.
The condition OF Walnut avenue be
tween Eighth and Ninth streets was
brought up. After some discussion {
was ordered repaired. The street
committee was given power TO- act
in the matter.
Councilman Howard called couneil
attention to an urgent case where ilii
mediate medical assistance was necet-
sary. DR.. Hugh Carr administered
the wants of the patient. He was sigs
en- ten dollars for his services.
C4ty engineer reported on some
Fifth ward paving matters that were
submitted to him.
,r.a ~. .,,,..s. .,,,.,.4.3 i, q.
..a ~ ,,,e".a sot,sas,, ~, Nl,,,s,
go cnr,,,.,,,. 49,, i ,iss,,,s M,
;na r.ors s,5a trso,s te.,s,s,, Il, q
time to consider the matter Ia order
-. - Z
49,
me comnlittee appo.ntst - "
the ciaill oi A. s. Doua.is . 9. = -
CITY recotnlnenaea enat ~ - -
$40 'or aa .uases oone ~ ~
OF wafer on Us stFee1s autans I
ram last summer,
SouneA - y 4.
"uce tle tYnnns e1.pent.' q -
Ds ": 'nlee fesolutols 'pss ~ u, u
ne n,ss 4se" It, a.. st
Dfouenl w. @as y Us u.sSns.a.H u. q, VIZ
,'ieht u li''e.n uoi'a. y -
'o"eu sue So ...,t
morse nte' re sueSesusa !,
tnls item' ine secona gtas.,.,s
:" sususlu ., ~. .. ~ ~
u .u' tueE noI,ss, ~ s.s' - :,
pei.". .4 ~ lHe tuHs'.ol NJ NJ, sns s
street COMMISSIONS. ne s4g ,,.
70 .aNe ellee, fep' usl1s = 2. ! -
oiu.ion l. wac ios.,
W. t.OOtn9
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
M. E. Church.

Rev. G. D. Smith occupied the pull
pit at the NJ. E. Church, preaching
from the text, There Is no other
name given by which we must be saw
ed" The meeting was considered to
be one of the best held, deep inter.
est being manifest in the audience.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
MIS-, Annette III.

Mrs. W. w. Annette left for Kansas
City on Tuesday morning in care OF
her son, Mr.. Wiley Annette. Mrs Ar
nette has been in poor health for sew
eral weeks past and as 1t did not i'm.
prove, Mr.. Annette was notified by
wire. He decided that 1t was best to
have his mother near him. where he
could give her his personal attention.
hence the change.-Wheeling Regis
ter.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Large Crowds At
The Meetings
INTEREST INCREASES IN SER
VICES BEING HELD IN THE
CITY.

At the Presbyterian Church last
evening, Rev. Rankin. the blind evan
geIist, preached on the subject Of
obedience. Preceding the meeting
question box which has been inaugur-
ated was opened and many questions
were answered in a helpful manner.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Entrance Was By
Concealed Door
(By United Press.)

NEW YORK. Jan. 22.-Miss Frances
Pierce was the first witness called this
morning to identify her signature to
the will executed by Thaw on the eve
of his marriage. The will contains
bequests which Littleton argues indi-
Gated Thaw's responsibility.
Anthony Comstock, head of the
vice prevention society. was the next
witness. He swore Thaw called at his
office in 1904 and said well known
New Yorker was in the habit OF ruin
ing young girls by drugging them in
his apartments on 22d street. The
codicil of Thaw's will read leaving
comstock $4,000 to be used in prose-
cutting stanford White and others men.
toned for wronging young girls. The
witness said Thaw called a second
time in 1904 and discussed Stanford
White and several other OF the archi-
tect's friends. Thaw said he was pos
itive that White had in Madison
Square tower rooms filled with OBJ
scene pictures and that tenants ad-
Joining had often heard young girls
scream. Thaw asked that detective
be detailed to watch the rooms. He
said the detective reported and saw
nothing wrong going on in the place.
Later Comstock received letter from
Harry saying the tower was used by
a band OF criminally rich men for their
own ends. He said the room was pro-
tected at the exit by a steel bound
door and the second floor was furnish
ed like forest entrance, being skill
fully concealed. Thaw he said wrote
the chief feature of one room was a
picture of peculiar Infamous sugges-
tiveness."
EVeiyn's Testimony.
When District Attorney Jerome re-
sumed his cross-examination of Eve.
lyn Nesbit Thaw at the trial of her
husband yesterday It reverted to her
European travels with Thaw in 1908
and 1904. Mr.. Jerome's manner was
no less aggressive than Monday. Mrs.
Thaw seemed in rather sullen mood
and answered the prosecutors ques.
tions curtly.
She said she had shown Thaw in
Paris fourteen letters Stamford White
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
central Christian church.

The services at the Central Chris
tian Church last night were we'll at
tended, especially by strangers. The
subject of Rev. willison's sermon was
1.-THE Inspired Word" Tonight a
male quartette will sing.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
N. E. Church, South.

Rev. R. T. Webb occupied the pulpit
and his subject was prepare to Meet
Thy God" In the after service which
followed several came forward and sig
nified their interest.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22
Exehanqe saturday.

The Faithful Circle 81
Daughters win hold an exchan
Saturday. January Is. they
a nice line OF cakes. pie
can and see them
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22

Miss Caroline Barns is Ill OF grippe
at her home on Maple avenue. Miss
Blanche Barns, who has been Ill since
November with typhoid fever and com,
plications, is recovering slowly.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-22

the least possible time to install the
new pump when it reaches here.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-06-18
HILLSDALE.

Mr.. and Mrs. Justin Washburn OF
Carbon Cliff spent a few days the last
of the week with relatives in this vi
cinity.
Clarence and Glenn Butyer are home
from Urbana ON their summer vaca
ton
In the country whooping cough is
quite prevalent near Enterprise and
Bethel. There are no cases in Hills
dale.
Mrs. Maud Hill is sick with lung
trouble.
Mr. and Mrs. Joshua Dillon of Rock
Island visited last week with their son
William and wife.
Mrs. Clara Liphardt of Milan visited
over Sunday with her mother, Mrs
Ashdown.
Neighbors assisted Herman Liphardt
Jr., at his barn raising Friday.
The young people enjoyed them
selves at party Saturday evening al
the home of Charlie Zeller.
William Filbert of Yuma was a Hills
dale visitor Monday.
Mr.. and Mrs. Breaker were in Cham
paign last week attending the gradu
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-06-18
FOSTER.

Miss Julia Eckhart of Rock Island
closed successful term of school at
Wrayville Thursday.
Miss Belle Reynolds returned to
Rock Island Thursday evening after
spending the past few weeks at the
home of her parents, Mr.. and Mrs.
Frank Reynolds of Wrayville.
Miss Pearl Watson returned home
Friday from Conesville, Iowa, where
she spent few days with Mrs. Clara
Cecil.
The B. Y. P. u. held an ice cream
supper at the F. P. Gillett home We'd
nesday evening, June II.
Miss Emma Anderson entertained
several of her friends Sunday after
noon and evening.
Mr.. and Mrs. Lee Freise of Sweet
land Center, Iowa, spent Sunday at the
home of Mrs. Freises parents, Mr.. and
Mrs. August Anderson. Miss Emma
Anderson returned home Saturday from
a weeks visit with her sister at Sweet
land Center
Mr.. and Mrs. John Workman are the
parents of daughter, born June H.
Mrs. Gertrude Spickler and brother
Delos of Milan are visiting with rela-
tives in this vicinity.
Miss Emma Anderson will depart the
last of this week for Omaha, Lincoln
and Ceresco, Neb., she will visit for an
indefinite time with relatives.
Mrs. Frank Brogan and daughters,
| Misses Alta and Adella, are visiting at
the home of the formers father, j. H.
| Foster.
A short children's day program was
given at the Foster Baptist church Sun
day morning.
d. A. Kleist was a visitor in Rock
Island Wednesday,
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-06-18
SILVIS.

Mr.. and Mrs. Richard Walsh Jr. of
Englewood, ILL.,, arrived Sunday even
ing for an extended visit at the home
OF Mr.. and Mrs. Richard Walsh.
Miss Jessica Don Carlos returned
home Saturday after year at the
Iowa State university at Iowa City.
Mr.. and Mrs. d. ID. Kelly have as
their guest Mr.. Kelly's mother Mrs.
Kelly is still quite ill.,
There is a rumor afloat that the
work train TO the shops will be taken
off in about month.
The village board has decided to
place n water tower at the head OF
Tenth street, $50 feet back from Sec
ond avenue
Work is picking up considerably al
the brake shoe factory.
Mrs. James Shannon returned
Thursday from a months visit at diff
ferent points in Illinois.