davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1909-02-05
JUROR IS LOST IN THE COOPER CASE Judge Hart Decides WhituDth
 to Be Ineligible HARD FIGHT BY THE STATE New Venire of 500 Talesmen Is Or dered for Monday, and Court Is
 Adjourned for the Rest
 of the Week.

Nashville, February 4-When an early adjournment was taken today in the trial of Col Duncan B. Cooper, Robin J. Coop CT and John D. sharp charged with the murder of E. W. Carmack, the jurors passed for the trial of the case had been reduced from Il to 10 by the removal of Juror Whitworth, and a new venire of 500 talesmen had been ordered summoned for appearance at 9 o'clock Monday, and from these both the state and defense express the hope that the two jurors necessary to complete the trial panel will be secured.
 When court opened this morning for the purpose of drawing a new venire, Judge Hart said:
 There have been intimations in the press that the jury list has been tam pered with. I wish to say that the jury box from which the names are drawn is in the custody of Circuit Court Clerk Lewis Hit. The names In it were placed there two years ago. It remains sealed and is controlled by Hit. who was Car macks campaign manager. 1 make this statement in justice to everyone con- cerned.
 Judge Hart seemed to feel very deeply the insipuation that there was an effort to get men on the panel friendly to the defendants. Very few If any In the room had heard of such a charge, which was sent to the judge in the form of clip ping from an out of town paper. The fhep the URDiro and for Juror Whitworth. The latter was asked to explain his remark that he was against Governor Patterson
 T said | was against him because of his abuse of the pardoning power and in turning criminals loose."
 Judge Anderson of the defense cross examined the juror.
 Whitworth declared he would much pre- fer to escape service, but denied any bias.
 The court then briefly reviewed the charge. He held that the claim that the juror had said that the defendants should be hanged was controverted. On the sec ond charge, that he had said that Cover nor Patterson had hand In the killing. the judge held that the juror did not deny it specifically enough.
 Therefore" the court concluded, T deem it best to excuse MT Whitworth from the jury"
 The state objected strenuously and de- clared that the courts action would dis credit and disgrace Whitworth. Judge Hart hastened to say that there was no ground for such a statement. The state continued to fight the decision, and in lengthy speeches sought to change 1t without avail. Court the adjourned until Monday at a. m., when the efforts to secure two more jurors will be resumed.
The Birmingham age-herald., 1909-02-05
OKLAHOMANS ARE
 WANTEDIN TEXAS

Austin, Tex, February 4-On the appli- cation of District Attorney George H. Thurmond of Maverick county, Governor Campbell has issued three acquisitions on the governor of Oklahoma for the extra dition of W. L. Chapman, secretary of the corporation commission of Oklahoma: A. l.. Brown and l.. c. Grimes, who are now in Oklahoma and wanted in Nave rick county. Texas, to answer to indict- ments charging them with uttering forged checks on the First National bank of Eagle Pass. These indictments were re- turned some time ago by the grand jury of Maverick county and grew out of cer- tain alleged land transactions of Chap man and the other two in connection with the allotment of the federal government lands of the Kickapoo Indians.
 It is alleged that Chapman and the others negotiated with some of the h. dians for the purchase of land the h. dians in the meantime having moved to Mexico. The lands were sold to the par ties, it is charged, and part of the pur- chase price was deposited in the First National bank of Eagle Pass to the credit of the Indians.
 Subsequently, it is said, the names of the Indians were forged for the money and drawn out by the purchasers of the land There are 24 counts against each. of the defendants
The Birmingham age-herald., 1909-02-05
METAL EXCHANGE
 MERELY A MYTH

New York February 1.-The commit- tee appointed by Governor Hughes to in vestigate the workings of the various exchanges in New York, probed into the the affairs of the New York Metal ex- change today.
 For about two hours Philander R. Jen- nings. president of the exchange, was questioned.
 At the close of the session Horace White. chairman of the committee, Tn speaking to the newspaper men, said'
 GAS A result of our investigation to- day. we have discovered that there IS really no such thing as the New fork Metal exchange. We had before us today President Jennings, and the information secured from him reveals the fact that three men composing a committee post up certain quotations on copper daily which figures appear to be as near as they can possibly come to actual transactions. That appears to be all there Is to the metal exchange.
 "A great amount of business IS uone daily in copper in London. The eyes or the world are on that market. The quo- tations, where posted on the New York Metal exchange are largely based on the London transactions. A number of metal dealers pay something like $50 year for the support of this New York Metal ex- charge, and for that they have the priv ilege of walking in and out of the place and looking at the posted quotations. It appears that whatever transactions these metal dealers may have in copper-and some of them buy for brass manufac- turers-they appear to base their opera Hons on quotations which appear daily on the metal exchange
The Birmingham age-herald., 1909-02-05

Newark, N. J., February 4.-There were sensa tional developments today in the case of Frank Wilhelm, the con- tractor, who was found murdered in his home here Monday, though the ac- tual clearing up of the mystery that surrounds the tragedy has not yet come. The revelations included the charge that Wilhelm had three wives living, and that he had never been divorced.
 Another occurrence of interest was the action of the police in suddenly bringing Mrs. Mary J. Wilhelm and Nicholas Sicca, boarder in the Will helm home, both held in connection with the murder, into the presence of the body of the murdered man. Mrs. Wilhelm although she became hyster- ical, withstood the test fairly well, but Sicca was so disturbed that his ar raignment in court, set for today, had to be postponed.
 The allegation regarding the domes- tic life of the murdered man came dur ing the progress of the funeral of Will helm. Mrs. Frederick Wilhelm of 227 East Eighty-third street. New York, claimed she was married to Wilhelm in Jersey City in 1894, soon after he had
The Birmingham age-herald., 1909-02-05
Murdered Man LedVeS
 Three LiUing Wives
Sensational Developments Occur Tn the Aftermath Of the Murder Of Frank Wilhelm In Newark Evidence Has Yet Been Found Tending To Show Who Was
 the Murderer Of Wilhelm

deserted his first wife, Hannah Will helm, who was also his step-sister. Two years later. she said, she discov- cred his perfidy.
 When she accused him he deserted her. she alleged. and her year-old daughter and a bat- soon to be born, and fled with hi ep-sister wife. Since then she had< 2 heard from him until the child, tl<x. 7 nborn, and now a lad of 12 years of his murder in a newspaper = day and recog- nized his picture q = he paper as that of the man who ss C ;ture was in their home, which he 2S been told was his father. o
 Mrs. Frederi e 2 Wilhelm does not know what bef saof Hannah Wilhelm. The wife wit om he recently has been living, Mary J. Wilhelm, IS in jail, held in connection with the murder.
 Mrs. Frederick Wilhelm and her sis ter Mrs. Maria Armater of New York, tainted at Wilhelms bier today while the funeral was in progress and when, as they declared, they identified the dead man as the husband of Frederick Wilh elm.
 The last named fell dramatically across the coffin in complete state of collapse, while her sister slipped to the floor in a faint.
The Birmingham age-herald., 1909-02-05
SALARY RAISING
 IS DISCUSSED

Washington, February 4.-The ques- ton of increasing the salaries of gov ernment clerks was briefly discussed in the Senate today in connection with the question of making appropriations for the District of Columbia. It was touched upon by Senator Bacon, who said:
 q do not think it is to the credit of the Congress that we have raised our own salaries and the salaries of high officials who are in a position to urge their wishes, and have not only neglected, but refused to increase the compen sation of government employees with small salaries, who are not in position to urge their interests and who will be rebuked, and in danger of losing their places should they insist upon an increase
 Senator Gallnger in charge of the district bill, said he agreed with the senator from Georgia, and when some plan is presented. he would be glad to join in increasing salaries of poorly paid government employees.
The Birmingham age-herald., 1909-02-05

Gary and MT. Prick to consult their law yers instead of submitting the proposi- ton to him.
 In summing up the evidence presented a number of lawyers in the Senate have said that it appears to them that the party of 16 financiers who obtained con- trol of the majority of the stock were systematically "saueezed' during the panicky days of October, 1907. Senator Culberson has sought to show that the stocks were especially pounded" in the street by people interested in the so- called Morgan banks.
 It is possible no report whatever will be made to the Senate in response to the Culberson resolution. So many legal questions are involved that it Is predicted a long discussion will arise from any attempt to determine whetheS the Presi- dent had proceeded in a wrongful man. ner. His communication to the Senate suggests that the only action taken by him was to say that he saw no reason why he should interfere to prevent the merger. This is construed variously by members of the committee, some of the democrats going so far as to say 1t amounted to an instruction to the At torney General not to prosecute the mer- ger even if it was found to be contrary to the provisions of the Sherman law
The Birmingham age-herald., 1909-02-05
CALIFORNIA SENATOR'S
 DEFEND LEGISLATION

Washington. February 4.-News of the passage by the assembly of the California legislature today of the bill providing for the segregation of Japanese school chill dren was received in official quarters here with surprise and consternation. Presi- dent Roosevelt immediately sent to Gov ernor Gillett a telegram in which he de- scribed the bill as the most offensive bill of all." and "clearly unconstitu- tional."
 Governor Gllett's telegraphic reply to the President was not made public to- night nor could 1t be learned whether the President sent him an immediate reply.
 While unwilling to discuss the bill passed today Senator Perkins of Califor- mia tonight asserted his belief that the right should be given to school authori- ties of the state to furnish separate schools for Japanese.s
 'The people of California in their at
The Birmingham age-herald., 1909-02-05
CONGRESS WILL
 OVERRIDE VETO

Washington. February 4.-(Special. 1.-The Presidents veto of the census bill has fallen upon deaf ears. Before the end Of the week it is expected that the House and Senate will pass the bill over his veto.
 The democrats are solidly in favor of this action. and according to Representative Langley of Kentucky who put in the day making inquiries among the republicans, at least two-thirds of the membership on that side will vote similarly. The exten- sions of the civil service law eliminating in the placing of fourtn-class postmasters in the merit class has not out Congress in a good humor for further extensions.
The Birmingham age-herald., 1909-02-05

tempt to secure regulation of Japanese attendance in their schools do not desire to do anything that will disrupt general treaty policies with Japan declared Sen ator Perkins.
 "The question as to whether Japanese should be admitted to the schools and universities of the state should be left, in my opinion, to the school boards and the regents of the colleges In the case of the higher schools and universities l do not think there has been or would be in the future any objection to having Japanese students. In the lower schools, however, the objection has been that there were often Japanese children much older than the American children and the former often kept back the latter because they knew little English and had to be taught slowly. The people Of Cal ifornia are right on the question.
 Senator Flint of California said his views on the school question were similar to those expressed by Senator Perkins.
The Birmingham age-herald., 1909-02-05
Hundreds of Citizens Sign Their Names to Bonds of GoV-
 M
 ernOr Haskell
ALL THE INDICTED MEN
 ARE VERY PROMINENT
M. L. Mott, Attorney for the Creek Ma ton, Says That Land Fraud in- vestgations Were lnstigated
 Under His Direction.

Muskogee, okla, February 4--No method of procedure ina the town lot fraud indictment cases will be decided upon until after the arrival of Gov. Charles N. Haskell here tomorrow.
 A dispatch from A. z. English, who is very i'll at Los Angeles, and slowly re- covering from the effects of an opera tion, states that his physicians have de- cided it will be impossible for him to come to Muskogee before April 5. num- Der of leading citizens of Muskogee have signed his bond and it will be sent to him for his signature.
 Governor Haskell will be represented by an arary of attorneys when placed on trial, which probably will not take place before May or June next.
 Blank sheets of paper have been at tached to Haskells bond and hundreds of citzens signed them today
 The indicted men are among the most prominent in Oklahoma.
 Gov. Charles N. Haskell is Oklahoma's first governor since statehood, and was elected to that office in November, 1907. He formerly lived at Ottawa, O., and re- moved to this state in 190O He soon be- came prominent in developing the re- sources of Muskogee, and was president of the Indanola Contracting company, which constructed many of the principal buildings here. He was treasurer of the democratic nationais committee fors the first few months of the last campaign.
 Charles W. Turner is 55 years of age and was born in Cleveland O. He is pro prietor of the Turner Hardware com pany and formerly was a member of the Muskogee city council.
 Walter R. Eaton is secretary of the In- dianola Contracting company.
 William T. Hutchings is a lawyer and was born in Virginia. He was spoken of for judge of the Oklahoma supreme court, but declined to be a candidate.
 Albert z. English was born in New Jersey He is manager of the Muskogee Title and Trust company, and the Musko- gee National Telephone company. MT. English is nows in Los Angeles for his health.
 Frederick B. Sewers, who is "A years old, was born in Arkansas, and when young man came to what was then the Indian Territory He taught in the Indian schools, married a half-breed Indian woman, became a Creek citizen by adop- tion by the Creek Indian council engaged in the mercantile business in Muskogee and Okmulgee, Okla; was extensively in terested in stock-raising and formerly was a member of the Muskogee city council.
 MT. Sewers is the father-in-law of A. z. English
The Birmingham age-herald., 1909-02-05
Trial on Fraud Charge.

New York, February 4~-On motion of ITnjted States District Attorney Den nison, made in the United States dis trict court today, Judge Holt merged into one the six actions against the American Sugar Refining company, for alleged fraudulent weighing of imports, and ordered the impaneling of jury tomorrow to begin the trial of the case. At the same time the demand of the government for punitive damages was reduced to $250,00O at its own request. The reduction, however, is in no way to affect the civil suits now pending or to be brought in the federal courts for back duties and for future consign- ments alleged to have been wrongly weighed.
The Birmingham age-herald., 1909-02-05
INDEX OF TODAY'S NEWS
Paae i

 Another hitch in Japanese question Murdered man leaves three living wives. One juror lost in Cooper case. Steel merger inquiry may be dropped Cases waiting for Governor Haskell. California senators defend legislation. Bryan speaks at Tampa. Negro runs amuck in Memphis. Mine Workers still pickering.
 Page 2. Water committee visits Sipsey Fork. Smiths report on corporations German ambassador given reception.
 Page 3. Trouble started by baby and matches. Fister is not a carpetbagger. Judge Burke may be mandamused.
 Page 4. Editorial comment
 Page 5. Weakley suggests injunction as means of enforcing prohibition laws. Pfatt City has exciting fire. West End to have Carnegie library. Russian prince and princess spend day here. Accumulated liquor at city hall causes perplexity
 Page 6. Ladies of Bessemer accept Robinson hospital. Blind tigers hard to capture.
 Page 2. Birmingham society Feminine fancies, by Dolly Dalrymple.
 Page 8. Negro suspect is under arrest
 Page g. Cotton market is barely steady. Stocks are still hesitating. Wheat declines slightly.
 Page 10. Ensley ready to annex Shadyside. Dog fanciers to organize club.
The Birmingham age-herald., 1909-02-05
TARIFF SCHEDULE
 NOT YET COMPLETE

Washington, February 4.-There is no schedule of articles in the new tar if bill now being framed b ythe House committee on ways and means upon which the rate of duty has been finally fixed. Despite numerous speculations as to the decisions of the sub commit tee that has the work in hand, nothing auth entic as to its deliberations is ob- tainable.
 There have been several heated dis cussions within the committee room and Chairman Payne and Representa- tive Dalzell, who have had pervious experience with tarif bills and who have been supposed to represent the same views. are known to disagree on several schedules. Up to date, how ever, the members have settled all dis putes by compromise and a tariff that will be generally satisfactory is con ddently promised.
The Birmingham age-herald., 1909-02-05
SCHOONER IS LOST
 AND CREW SAVED

Philadelphia, February 1.-The schooner Horace P Shares of New Haven was wrecked on February in latitude 35. 32 north, longitude 73.4S west, Capt. Andrew Wilson, the mate and three sailors, the entire crew, being rescued by the Norweg- ian steamer Frances, bound from Macoris for Boston The Frances arrived at the Deleware breakwater yesterday with the crew The Shares was bound from Will mington, N. C., for New York. Cap tain Sta bell of the Frances states that on account of being loaded under deck with dry lumber he deemed it best not to set the wrecked vessel on fire, as it was filling fast and would, therefore, have only burned to the waters edge.
 The Shares was built at New London. Conn, in 1882 and was owned by E. H. Weaver.
The Birmingham age-herald., 1909-02-05
SENATOR HOPKINS HAS FORLORN HOPE

Springfield, H., February 1.-The twenty seventh senatorial ballot, taken in joint session today, produced no material changes in the deadlock. Incidentally it ended the balloting for this week without the accomplishment of anything toward final solution of the struggle. With the adjournment shortly after 1 o'clock today the battle once more transferred itself to Chicago.
 With a total vote of 71 on the twenty seventh ballot, Senator Hopkins finished the day with the smallest vote given him since the balloting began on January 20.
 Slim Chance for Stephenson.
 Madison, Wis, February 4.-If the pres ent feeling of the members of the Wiscon- sion legislature with regard to the cleo ton of United States senator continues it looks as though the chances of election of Stephenson in the near future are very slim. While the senator continues to poll within few votes of majority he has fallen behind three votes from the first and second joint ballots, and today, as on yesterday, he lacked four votes of re- election.
The Birmingham age-herald., 1909-02-05

Tampa, Fla, February 4.-Speaking to an immense throng of people from the grand stand at the race track this afternoon William J. Bryan said he brought to the democrats of the south message of good cheer, that there is steady increasing sentiment that makes for the growth of the democratic party in the United States. He com mented on the worldwide spread of democracy as one of the signs of the times when the masses would demand their rights of the aristocratic class, which is now using every endeavor to hold its own against such a growth. He cited the recent change in the gov ernment of Turkey and declared that the down -trodden masses of that coun- try had forced the most autocratic monarch of modern times to grant a constitution.
The Birmingham age-herald., 1909-02-05

Indianapolis February All efforts of the United Mine Workers of the United States and Canada to forward the busi- ness of the assembly by excluding from it's proceedings controversy of personal nature between factional leaders seems futile. The day was one of turmoil and pickering President Lewis this afternoon charged Delegate Peter Quinn of Illinois with having practically called him liar. The particular matter under discussion was the administration of the strike In Alabama. The record of the debate was read, but the incident did not develop fur ther.
 The sentiment of the delegate body swings from one side to the other as the convention lengthens into its third week, but it is now said that there is strong
The Birmingham age-herald., 1909-02-05

Memphis. February 4.-Foilo"ihs daring hold up on busy thorough rare today Henry Morton, negro, arme1 with a revolver and with pockets filled with ammunition, ran amuck, firing re- peatedly into street cars and houses and at pedestrians and terror1zed section of North Memphis before he was shot to death by police and citizens.
 After relieving another negro or bundle of hides, he endeavored to force a trade with a produce dealer at the point of his pistol. Failing he sent confederate to dispose of the booty but both escaped before the arrival of the police. The negro was nnaliy located aboard a street car but as an officer approached he jumped from the
The Birmingham age-herald., 1909-02-05
TURMOIL AND PICKERING
 AMONG MINE WORKERS

current toward restricting the power of the national administration The commit tee on the constitution has many prepared amendments in hand.
 Samuel Gompers' name was brought into the discussion of the cause of the fail ure of the Alabama strike, and he was charged with having opposed the miners in the interest of the state authorities. This was in line with many allegations that the union leaders had played poli- ties" and that the Lewis administration was self-seeking. All these statements have been vigorously combatted. It is possible the convention wila continue into next week.
 The tellers were not able this afternoon to make report of the count of the sec ond ballot for vice president and secre- tary-treasurer.
The Birmingham age-herald., 1909-02-05
Bicycle Race Is Steady Grind.

Kansas City, February At the end of the fourth day of the six-day race the eight teams are in the same relative po- sition they have occupied for the past two days The race has developed into a steady grind with frequent attempts by different riders to gain laps, but with little success. The distance covered at the close of the racing tonight was Fogler and Root, Hill and Demara, Bardget and Mitten, Moran and Kramer, Walker and Palmer, all 751, miles 5 laps; Devonovitch and Macl<ay, Wiley and Cameron both 75l miles and laps; Wilcox and Senhouse. 751 miles and laps