davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
At the Majestic,

Nine. OrbaSsany's trained cockatoos are
feature of the bill at the Majestic
this week. The act is really excellent and
the birds perform a variety of most as
tonishing tricks. They waltz, take rides,
escape in a thrilling manner from ship
wreck, pick out letters, do acrobatic feats
and otherwise deport themselves in a
very human manner. Nine. Orbassany
was cordially received last night and
her act will no doubt be one of this
weeks most popular features at the Ma
jestic.
Linden BeclSwith made a distinct hit
with her novel singing speciality which
she styles Singing Portraits, by the Girl
in the Golden Frame" This novelty is
not only pretty in it's conception, but
Miss Linden sings well and her act was
voted one of the best on the bill last
night by an appreciative audience. Her
rendition of several old favorites, among
them annie Laurie,'' won enthusiastic
applause, despite the fact that the or
chestra persisted in wandering about in
a most unaccountable way. Nothing
more effectively puts quetus on the
best kind of vaudeville than ragged mu-
steal accompaniment.
Mills and Morris, two girls in black
face minstrel speciality, tried hard to
please, and they succeeded in putting on
feminized version of a miniature min
strel show that won them several en-
cores. Their singing was perhaps the
best part of the act
1.-THE Ward Heeler,' presented by
Thomas J. Keogh and Miss Ruth Fran
els, afforded opportunities for Mr.. keogh
to introduce some original comedy that
took well. Without Mr.. Keogh the act
would be rather fiat. Angost and Thomas
figured in a comedy sketch and Art Fish
err, billed 1.-THE Cowboy Mimetic," did
an act by himself which could hardly
be called scintillant The Deitehen put
on sketch that was funny and very
well done. The Majestograph is show
ing new pictures this week.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
ADJUSTMENTS.
MCominn Ihro' the Rye.v

The audience at the Jefferson theatre
last night was equally as much concerned
about the "shines" Mott, the tailor cut,
as Mott himself was concerned about a
pair of trousers of his own make. Frank
Lalor as Mott, was heartily received by
the audience, and deservedly SO. for lie
was, to say the least, a most amusing
character
Coming Thro' the Rye appeared in
birmingham last night for the second
time. but with new scenery and new cos
tunes and with the original Mott and an
able supporting company 1t was equally
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
Receivers Amounted.

Washington, January 6.-Chief Justice
Clabaugh of the supreme court of the
District of Columbia on the petition of
the Seaboard Air Line railway today APP
pointed S. Davies Warfield of Baltimore
Va, receivers for the company's proper
ty in the District of Columbia The re-
oeivers are authorized to take immediate
possession of the company's property
and continue to operate the road. Bond
was fixed at $4,000 EACH
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
Blanche Bates at the Majestic.

In David Belasco's western play, 1.-The
Girl of the Golden West" Blanche Bates
comes to the Majestic theatre tonight.
Only one performance will be given in
Birmingham. Miss Bates comes direct
from New Orleans, where she has just
finished a two weeks engagement. The
same company, costuming and wonder
full scenic effects that made the New
York projection notable will be used i'll
Birmingham. Seat sale is now on at the
Majestic box office.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
Summoned to the Trial.

Americas Ga, January Cdr III. s.
Crockett, a prominent physician of Amer
icus and formely one of the physicians
at the Virginia State Insane asylum, re-
ceived a request today from counsel for
Harry K, Thaw to come to New York
Immediately to give testimony in the sec
ond trial of Thaw. 1t transpires that
one of Thaws family name was confined
In the Virginia asylum while DR.. Crock
EFT was there, a fact which his attor
neys are DESTROYS of establishing by the
physician then in charge.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
Schooner Leaks Badly.

Norfolk, January 6-Leaking like a
sieve and with all hands at the pumps.
the big schooner, William Medley was
towed into Hampton roads tonight by
the tug Edna " crew. The schooner left
Baltimore more than a week ago for
Savannah, Ga, with a cargo of coal. She
is being kept afloat by the use of pumps
tonight.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
At the Gayety.

''The Night Owls began weeks en-
gagement at the Gayety yesterday and
presented two funny musical comedies
with several good vaudeville stunts.
Charles Robinson is one of the best come
dams that has visited the Gayety recent
ly, and in his little skit in the olio was
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
"Brewster's Millions"

''Brewster's Millions" the amazing
success of the past year in New York
and Chicago, will be presented at the
Jefferson theatre next Saturday. matinee
and night. The managers. Conan & Har-
ris, declare in note on the programme
that they leave it to the audience to de-
eide whether the play is farce. melo-
drama or tragedy. The dramatization of
McCutcheon's book does not touch very
strongly on either the comic or the
tragic, but while it lasts it does amuse.
The storm at sea. showing a yacht being
pitched about, is a most effective bit
of realism.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
"The Spring Chicken

This season as actor-manager, Rich
ard earle will present himself''-te use
his own phrase-in 1.-THE Spring
Chicken
"The Spring Chicken ran for two
years in London on the strength of a
capital story adapted from the French,
piled by Ivan Caryll and Lionel MonclS-
ton. Mr.. Garlic has written five new
numbers. When he appears at the JEFF
ferson theatre Friday night he will have
in his support Inez Bauer, Jeanette Ba-
geard, Alice Hagemen, Victor Morley,
Arthur Conrad, and Abbott Adams.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07

felt he could lay it aside and vote for
conviction II the evidence seemed to war
rant it. Mr.. Gremmes was finally ac-
cepted and took his place in the fore
mans chair.
After Gremmels acceptance the lunch
recess was ordered. The opposing attor-
neys seemed equally anxious to secure
jury at the earliest possible moment, and
they spent nearly an hour after the aft
ernon session opened trying to qualify
the first two talesmen called at the fore
noon session. William R. Ellis, a straw
goods manufacturer. was excused be-
cause of an unalterable opinion. Thomas
Moynan got safely through the district
attorneys examination but went down
ON challenge from the defense after
prolonged questioning.
John r. Hatchett, a cigar dealer, was
later chosen as Juror No. 2.
Reluctantly Accepted.
As the fourth tentative juror, Floyd S.
Sanford, assistant manager of an uptown
bank. was accepted late in the afternoon.
Sanford was quickly passed by the prose-
cution but Mr.. Littleton of the defense,
questioned him at great length. The juror
said he had read the reports of the for
mer trial pretty thoroughly and formed
an opinion as to the truth or falsity of
the testimony adduced. He insisted that
by hearing the witnesses himself he could
render a fair verdict Mr.. Littleton
rather reluctantly passed the juror and
he took his place in jury chair No. 4.
The examination of talesmen continued
during the late afternoon. A long line
of prospective jurors disqualified them
selves after tedious examinations. lanes
H. Conway, keeper of a small hotel on
One hundred and Tenth street was passed
into the jury box a few minutes before
the session closed. He said he had read
the reports of the former trial pretty
closely, but he had formed no particular
opinion. His examina ton was brief. Sew
eral talesmen who followed were ex-
cused because of the strength of their
opinions.
When the evening recess from to s
o'clock was ordered the five tentative
jurors in the box were taken out to din
ner in charge of uniformed officers of the
court
Josiah Thaw Present.
Josiah Thaw was the only member of
the defendants family present at the
evening session. The examined talesmen
We're the sole spectators. Thaw seemed
thoroughly to relish the idea of being
out of the Tombs prison after night, this
being his first experience of the kind
since his Incarceration following the
Roof Garden tragedy of June 49, 1906
Half an hour was consumed in the ex-
animation of the first two talesmen called.
both being eventually excused by con-
sent. They had opinions which they
felt would prevent an impartial judgment
of the evidence.
1t was not until the seventh talesman
of the evening session had been reached
that the sixth juror was secured. William
e. Brewer a decorator declared that
while he entertained an opinion in the
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07

modify the statute by writing in the
words suggested the result would be to
restrict the operation of the act as to the
District of Columbia and the territories.
"Of course. if it can be lawfully done,
our duty is TO coustrue the statute so as
TO render it constitutional But this does
not imply. if the text Of an act is unam-
biguous. that it may be rewritten to ac-
complish that purpose. Equally clear is
it. generally speaking. that where stat
ute contains provisions which are consti-
tutiOnal and others which are not, effect
may be given 10 the legal provisions by
separating them from the illegal. But
this applies only To a ease where the
provisions are separable and not depend
ent one upon the other and does not sup
port the contention that. that which is
indivisible may be divided. Moreover,
when a case where the legal provisions
may be severed from those which are
illegal. i'm order to save Them the rule
applies only where it is plain that Con-
gress would have enacted the legislation
with the unconstitutional provisions elm
mated. All these principles are SO clear
ly settled as not to be open to contro-
versy.
Right To Leeslate.
1T only remains to consider the pro-
vision which we have previously quoted
that the act is constitutional, although it
embraces subjects not within the power
of Congress to regulate commerce, be-
cause one who engages in interstate COM
merce thereby admits all his business
concerns to the regulating power of Con-
gress To state the proposition is to re-
fute 1t. 1t assumes that because one en-
cages in interstate commerce he thereby
endows Congress with power not dele
Ia 1.rf at-Fff
words, with the right to legislate con-
corning matters of purely state concern.
1t rests upon the conception that the
constitution destroyed that freedom OF
commerce which it was its purpose to
preserve, since it treats the right TO en-
gage in interstate commerce as privileges
which cannot be awaited of except upon
such conditions as Congress may pre-
scribe, even though the conditions would
be otherwise beyond the power of Con-
sress 1t is apparent that if the conten-
ton We're well founded, it would extend
The power of Congress to every concev-
able subject. however, inherently local
would oblterate all the power imposed
by the constitution and would destroy
the authority of the ,states as to all con-
eeiYable matters which from the begin |
ming have been and must continue to be
uhder their control so long as the consti-
tuition endures.
Concluding as We do the statute.
whist 1t embraces subjects within the
authority of Congress to regulate COM
merce, also includes subjects not within
IT'S constitutional power, and that the
two are so inter-blended 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 constitution and uncomfortable
and the judgments below are therefore
affirmed"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07

stricken from the specldl jury pdhei VI
500 on account of the publicity given to
their selection. Clerk of the Court Pen
ny said there was no truth in the report.
One hundred talesmen are under orders
to report on each of the first three days
OF the trial
Thaw Is Called.
Thaw was called to the bar at 11:27
o clock His appearance showed little or
no change from last year.
AS soon as Thaw appeared his chief
counsel, Martin w, Littleton, announced
that the former plea of not guilty entered
by his client would be amended TO read
that the defendant was insane at the
time the deed was committed.
Thaw was seated at the counsel table
with Mr.. Littleton, A. Russell Peabody
and Daniel O'Reilly. District Attorney
Jerome and Assistant Attorney Garvan
represented the people.
Mrs. Evelyn Thaw. attired in the blue
school dress which became familiar on
the first trial was in the court room
when the proceedings began. she was
accompanied by Mrs. Carnegie and Jo-
siah Thaw.
Justice Bowling announced that until
further notice there would be three court
sessions each day.
lie also announced that the jury would
DC locked Up lHIOusIout tHe tii1i,
First Man Examined.
After somewhat informal discussion
as to the methods of selecting jurors, the
work of filling the box was taken up.
District Attorney jerome undertook the
examination of the first talesman called
to the jury box. He was W. F. Miller,
a decorator. Miller said he had known
stanford White casually and had formed
hot ha bad nj
| the case
Mr. Littleton, for the defense, brought
out the fact that Miller had had some
business relations with the architect firm
of which Stanford White was a member
and that he had been called, but not ac-
| cepted as a juror at the last trial. Mr.
Littleton challenged on the ground of ac-
tGal bias and was sustained by Justice
Bowling.
The three talesmen who followed Miller
under examination were excused because
of the unqualified opinions they held
Justice Bowling took u hand in. eXamin.
ing some of the proposed jurors and was
inclined to cut the questioning short
Thomas H. Harmer. who was foreman
of the second Nan Patterson" jury and
voted for acquittal was excused because
of illness.
Jerome Explains.
As to the plea of insanity, Mr. Jerome
explained to each of the proposed jurors
in turn that a person is excused from
criminal liability in this state only upon
proof that he was at the time of the
deed suffering from such defect in reason
as not to know the quality of his act OF
that the act was criminal. He also ques-
toned each talesman closely as to any
opinion held or any conscientious scruple
entertained against capital punishment
Charles r. Gremmels, ship broker, was
called for examination Just before the
close Of the morning session. He said
he had certain scrupes against capital
punishment but If sworn as juror he
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
Conference of Presidents.

Managua, Nicaragua, January 6.-The
conference between Presidents Zelaya of
Nicaragua and Viquez of Costa Rica has
been set for January 10. The frontier
question and other matters under advise
ment will be discussed at the conference.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07

duction of the messenger with his air of
mystery, does much TO heighten interest
in the play.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07

as attractive as was the show on its first
appearance. The fine quality of the per-
Torrance and the abundance of "get-up
and-go" about it make it a play of great
attraction.
Frank Labor as Mott, the tailor is the
original Mr.. Mott, and his queer actions
and the wholesome, sparkling comedy that
he injects into the play win for him a
place in every heart. Miss Sallie Stem
bier as Mrs. Knobb was a hit on her
every appearance on the stage. Her
laughing song set every one in the audi
ence to laughing and she was called back
half a dozen times. Sidney Toler as
eYandyke Brown, made an especially at
tractive character through his pleasing
songs. Mr. Toler has a soft baritone
voice and his "Boolbarri' was encored
repeatedly. Mr. Lalor's song Clancy
tractive character through his pleasing
sibly the greatest hit of any of the musi-
cal numbers.
nothing more than foolishness, was pos
fine comedy and proved, as expected,
most commendabe attraction.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07

You can rely on Hoods Sarsaparilla for
every form of scrofula. 1t purifies the
blood.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
"The Heir to the Hoorah."

When Kirke La Shelle produced Paul
Armstrong new comedy Inc Her 10
the Hoorah," it Immediately caught the
fancy of New York theatregoers and it
outran at the Hudson theatre any other
dramatic work of contemporaneous pro-
duction.
1.-THE Heir to the Hoorall' will be pre-
scented here at the jefferson theatre on
Wednesday night by the original New
York company, including such excellent
players as Frank Monroe, Helene Lack
aye, Ben S. Higgngs Martha Mayo,
Frederick Roberts, and many others.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-07
SECOND TRIAL OF HARRY
THAW Is UNDER WAY
CONTINUED FROM PAGE u

er, VINO is still too ill at her home in
Pittsburg to come on for the trial 1t
was the first time in several months that
Thaw had seen his sister and brother.
Mrs. Harry X. Thaw went direct from
her hotel to the court house. There
were the usual number of rumors about
the court house today, one of them being
that the first one hundred names had been
stricken from the special jury panel of
500 on account of the publicity given to
their selection. Clerk of the Court Pen
ny said there was no truth in the report.
One hundred talesmen are under orders
to report on each of the first three days
Of the trial.
The San Francisco call., 1908-03-19
TEACHERS INSTITUTE
TO FREE ALL PUPILS
ClaSSrOOms Will Be Closed
Three Days of Coming Week
to- Permit Attendance
PedagOgues to Hear Addresses
on Notable Features of
Education

superintendent OF SCHOOLS Alfred
Roncovieri announced YESTERDAY at L
meeting Of the board Of education that
the annual institute OF the teachers
OF the San Francisco school department
viii be held during the Ilrtcr part oe
next week, beginning Wednesday. It a
place yet TO be designated fhe chief
lecturer before the teachers viii be DR..
James Z. Russell. dean Of the teach
ers' college of Columbia university.
Dr. Russell will give two addresses
on social and Industrial education and
! on the ethical aspect of teaching. Su
perior Judge Frank Murasky win ad-
dress the teachers on the juvenile
court. of which he is the head. Pro-
fessor Lange and Professor Bernard
Moses of the University of California
viii deliver addresses. as will other
prominent educators. The institute viii
be held Wednesday. Thursday and Fri
day, on which days there will be no
regular school sessions.
The board decided TO engage a lee
turer to give illustrated talks to school
children of the higher grammar grades
on the subjects of the coming fleet of
battleships and on naval history The
auditorium Of the Mission high school
will be used for the lecture room.
Stereopticon pictures of the vessels and
the officers will be projected on screen.
A hundred dollars was appropriated TO
cover the cost of the lectures
The board passed a resolution re-
questing the supervisors TO appropriate
for the building of the Garfield school
money remaining after the construction
of schoolhouses provided for under the
bond issue The board is also petit
toned to purchase an addition to the
Garfield school site in Greenwich street.
giving the property total area of
1S7X275 feet.
Resolutions OF regret and coincidence
We're passed by the board in memory
or Miss Josephine c. Evans, a teacher
in the public schools who recently died.
The resignation of Rose Fay. a
teacher in the Cooper primary school
was accepted, subject to favorable ac-
ton by the annuity and retirement
committee. J. B. Williams a teacher
in the Central manual training school
was ordered transferred to the Everett
manual training center. and II. c. Bagot
of the Everett was transferred to the
Central. The leave of absence of F. *.
Blue was rescinded and he was as
signed as a teacher in the Humboldt
evening technical school.
The San Francisco call., 1908-03-19
Personal Mention

Fulton G. Berry of Fresno is at the
Stewart.
L. L. Patrick, Goldfeld attorney, is
at the Fairmont
Alber Hanson. jeweler of Seattle. is
at the Fairmont.
Charles L. Tut of Colorado Springs
is at the ST. Francis
George c. Congdon. an attorney of
Seattle. is at the st. Francis.
H. B. Parker, merchant of Astoria,
Ore, is at the New Lick house.
Harrison Albright. an architect Of
Los Angeles, is at the ST. Francis.
NJ Beakes of San Diego and Charles
Davis of Eureka are at the Audubon.
Dr. Robert B. Dempsey of Vallejo
registered at the Hamlin yesterday.
Mr. and Mrs Nicholas F.. Sargent of
art
Sacramento, is registered at the Fair
mont
Mr.. and Mrs. r. D. Frazier of Chi
cago have taken apartments at the St.
Francis.
Lieutenant Julian de Court OF the
Philippine scouts, Is a guest at the
Stewart.
NJ. w. Westhoff manufacturer of
plumbing and engine supplies of Cleve-
land, O., is at the Hamlin.
Among arrivals at the Jefferson yes
terday were Captain T. F. Bratton,
United States navy. and family.
Among arrivals at the Colonial yes
terday were J. r. Hathaway of Seat
tie and j. w. Errington of Los An
geles.
Otis A Poole. a tea merchant of
Yokohama, is at the Fairmont on the
way home after trip throughout the
eastern states.
Among yesterdays arrivals at the
Hotel Victoria was a large delegation
of citizens from Santa Cruz and Wat
sonville. including the following: A. C.
Snyder, c. H. McIsaac. C. A. G. Alb
bott, E. III. Fargo, d. X. Fargo. v. d.
Craig, Fl. r. Robinson. E. II. Robinson,
G. w. Robinson. L. A. Daniels, D. n.
Russell, w. L. Richards and wife. ]. F.
Williams, George Beard, J. Fl. Brown,
v. V. Pittman, j. T. keenan,, w. III.
Booth and W. III. Grove and wife of
Santa Cruz, and o. D. Stoesser. J. A.
Lincott, J. III. Tuttle, j. Kavanaugh, w.
HI. Weeks of Watsonville.
The San Francisco call., 1908-03-19
METAL THIEF CLEARS
$4,000 FROM HIS LOOT
Thomas Ryan and Partner, Viii.
liam Burns, Rob Gas Com
pany of Wire

Thomas Ryan and William P. Burns,
metal thieves. were convicted by Po-
lice Judge Conlan yesterday on
charge OF having stolen two bath tubs
belonging to the j. G. Sutton company.
229 Minna street Each was sentenced
to serve six months in the county Jail.
Ryan and Burns also were convicted
of stealing copper wire from the San
Francisco gas and electric company
Attorney John p. Coghlan said that
Ryan had boasted that since the earth
quake and fire. he had cleared about
So, 900 from the sale OF metal stolen
from the gas company alone. The two
will be sentenced today.
The San Francisco call., 1908-03-19
DEATH PARTS OLDEST
COUPLE IN COUNTRY
Samuel Osburn, Grand Uncle of
Judge Melvin, Passes
Awav in Ohm

Word was received here yesterday of
the death of Samuel Osburn in Cadiz,
Ohio, Sunday evening, March l. Al
though 95 years old and a resident of
Ohio since 1916, Osburn was well
known in this state through relatives
living in San Francisco, Oakland and
San Jose. Undoubtedly Osburn and his
wife were among the oldest married
people of the country, their wedding
having taken place ~ years ago last
September. The wife and five children
The San Francisco call., 1908-03-19

survive. Mrs. Osburn is 80 years old.
Osburn was a cousin of Robert Full
ton. the inventor of the steamboat, and
the uncle of S. A. Slemmons of 377 Noe
street, San Francisco of Mrs. c. ID.
Harvey of San Jose and of the mother
of Judge Henry A. Melvin of Oakland.
Osburn was born in Westmoreland
county. Pa. in 1913. but had lived in
the county in which his death occurred
since he was years old. He was
always active, was possessed of a fine
intellect. and was an enthusiastic
worker in the Presbyterian church.