davidaulloa/AmericanStories huggingface dataset:
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
ACTING GOVERNOR ALLEN Ex-
TENDS CLEMENCY TO DIS
PATCAER r. J. KELLEY.
ENDS OF JUSTICE SERVED
TeIesrapher Formerly Employed by
the Northern Pacific and Convicted
at Parma May Walk Out of peni-
tentiary Free Man Again.
pecial to The Daily Missoulian.

Special to The Daily Missoulian.
Helena, April 2l.-Actng Governor
Allen today granted a pardon to Fl.
j. Kelley, a former Mssoula train dis
patcher, convicted in Sanders county
on charge of involuntary man
slaughter. Kelley was held RESPONSE
BILE for the wreck at Parma, in which
several lives were lost, and upon con-
viction was sentenced to the peniten-
tiary for eight months. The letter OF
the acting governor to the board OF
pardons follows:
ION the seventh day of March, 1909
H. j. Keeley was convicted in the dis
trict court of Sanders county for in
voluntary manslaughter. He was COM
mitted to the penitentiary on the 18th
day of March, 1909. to serve a sem
tence of eight months. Allowing good
behavior his sentence would expire on
the 25th day of September 1909
The petition for pardon has been
signed by all the jurors who tried the
case, and is approved by the district
Judge in addition to being signed by
nearly all of the county officials of
Sanders and Missoula counties and
west end of the state, where the ac-
cident occurred.
The evidence was exhaustive and
somewhat complicated and contradc-
tory. While Mr.. Kelley may not have
been entirely blameless in the mat
ter it appears from the evidence that
his orders Gould have been carried out
and the accident prevented had the
operator at Parma responded as he
should.
Mr. Keeley was the only one con-
victed, ana served three months in
the Sanders county Jail while await
ing trial He voluntarily dismissed
the motion for a new trial, and he
will have served about seven months
in Jail and prison.
1T is my opinion, under the circum-
stances, the punishment meted out to
Keeley has been sufficient to serve
the ends of justice.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
DETAILS Of DEATH
ARE FINALLY
RECEIVED
LETTER is RECEIVED RELATING
DETAILS OF DEMISE OF
GEORGE HIGGINS.

After several days of anxious wait
ing, the friends and family of George
C. Higgins yesterday learned definite
ly the particulars regarding his sud-
den death and received an explanation
of why no word had been received as
to the date of the departure of Mrs.
Higgins from Los Angeles with the re-
mains of her son. Yesterday morn
ing a letter was received by Mrs.
Frank Conley of Deer Lodge from her
mother, and Mrs. Conley Immediately
telephoned its contents to Arthur Hig-
gins here.
From Mrs Higgins letter it is
learned that George died from an at
tack of pneumonia and brain faver,
the complication developing rapidly
and battling all efforts to check it.
The patient failed so suddenly that his
physicians had no hope for his recoV-
cry after the first few hours.
Soon after the death of George,
pneumonia seized Gerald the younger
brother, who was with his mother, and
for several days he was dangerously
i'll, so i'll that the mother had no time
or thought to bestoW upon the matter
of sending news to Montana.
The letter received yesterday stated
that the doctors thought, at the time
it was written, that Gerald would be
we'll enough to undertake the home
ward journey this CThursday) morn
ing. If this plan is carried out the fu-
neral party will leave Los Angeles
early today over the Clark road. This
will bring them to Missoula Saturday
noon. The funeral arrangements will
not be made until further information
is received.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
News Is PLEASING.

When the news that Acting Cover
nor w. r. Allen had granted II. j.
Keeiey pardon reached Mssoula
early yesterday afternoon many ex-
pressions of general satisfaction were
heard in railroad circles and congrat-
ulations were Immediately dispatched
to the man who had suffered long for
the error of a moment
1t will be remembered that Kelley
was convicted last November on the
charge of involuntary manslaughter,
involving the death of George w. Val
entne in the wreck which occurred
near Olive on the morning of Septem-
ber 5, 1908. keeey's attorneys made
every effort to secure a new trial for
their client but without avail. He was
taken TO Deer Lodge about six weeks
ago to serve a sentence of eight
months.
At the time of the Olive wreck
keeley was dispatcher in the en-
ploy of the Northern Pacific, the dis
aster being caused through a misun-
derstanding between the dispatcher
and G. A. Mitchell, then night opera
tor at Parma, relative to the move
ment of passenger train No. 5.
Mitchell is said to have overlooked
the fact that No. had passed his
station, and had accepted a meeting
order for that train and No. 5s. The
trains crashed together between sta
tions, resulting in the death of En-
gineers Monson and Valentine and
Fireman Herring and Robinson, to-
gether with three tramps who were
r,,l L4
Mitchell was held to the district
court and dismissed on the charge of
involuntary manslaughter. He was
reaTested at Helena while on his
way east, and held to answer for the
death of Engineer r. A. Monson, but
was dismissed without a trial In No
vember Keeley had his trial, and after
a tedious hearing was declared guilty
of manslaughter. A motion for a new
trial was made, and after spending
three months in the Sanders county
jail the former ruling was sustained
and Kelley was taken to the state
prison.
While he was in Jail at Thompson
the railroad men started a pet
addressed to Governor Norris asking
him to pardon Kelley before 1t be-
came necessary TO remove him to the
penitentiary, but il was decided that
nothing could be done in the way of
pardon until Kelley had entered the
state institution. Governor Aliens ac-
ton in pardoning Kelley yesterday
was more or less expected.
The family OF H. ]. Kelley is now
in Missoula and will probably con-
tinue to reside here on the return of
the released man.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
ROOSEVELT ARRIVES
At M0MBASA
CROWDS THRONG TO LANDING TO
SEE DISTINGUISHED AMERI-
CAN LEAVE SHIP.

Mombasa, British East Africa, April
2l-Theodore Roosevelt arrived here
this evening on board the steamer Ad-
miral. The first word of the sighting
of the ship brought crowds to van
tage points, where they might catch a
glimpse of the distinguished visitor,
The Admiral came slowly up the har-
Dor, and it was dark when the ex-
president, accompanied by his son and
the captain, made a landing.
There was deluge of rain, but Mr..
Roosevelt said he was glad to get
ashore in any weather. The COVER
nor's aide boarded the Admiral and
extended a welcome to Mr.. Roosevelt,
who received another cordial greet
ing on shore from the provincial com
missioner, who conducted him to the
government house.
The party had intended to remain in
Mombasa two days, but the floods
have been heavy and a change was
deemed advisable.
The special train which will carry
Mr.. Roosevelt and his companions to
Alfred Pease's ranch on the Athi river
will leave tomorrow afternoon.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
LOCATING Of ROUTE
TO COMMENCE
SHORTLY
CLARk'S ENGINEERS WILL Be
GIN SURVEYING ROUTE FOR
ROAD TO HAMILTON.

In about 10 days the construction
work at the dam will be finished and
our engineers will at once take up the
work of locating route for an cleo
tric railway up the Bitter Root val
ley to Hamilton" This is the state
ment made yesterday afternoon to a
Missoulian reporter by a representa-
tive of the Clark interests.
1T has been absolutely necessary" !"
he continued, that the work at the
dam be finished before the high water
comes, and for this reason it has been
impossible for Engineer BCkenbach to
leave the supervision of that work to
take up the field operations in con-
nection with the location of the route
of the interurban line. The work at
the dam is practically completed. In
about 10 days it will be in such shape
that Mr.. Bickenbach can leave, and
he will at once start out with a force
which we shall follow up the valley.
Il can't say how long this work
will take, but | think that we should
have the line located within two
weeks after the survey is started. We
will put on as large a force as can be
worked to advantage, and there will
be no delay as far as this part of the
work is concerned. We are sorry
that we could not get started earlier
we want to get things shaped up so
that the Bitter Root line can be built
at once. The conditions at the dam
are responsible for the slight delay
that has occurred, but this will not be
serious. The Bitter Root line is go
ing through and we want to get it
lined out so that we can make our
plans for construction work You can
state positively that the surveyors
will be in the field in less than two
weeks"
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
CUMM|NS PRESENTS
AMENDMENT
OFFERS INCOME TAX PROVISION
TO BE INCLUDED IN PAYNE
ALDRlCH TARIFF BILL.

Washington, April Ex-senator Cum
Minis today introduced his amendment
to the Payne-Aldrich tariff bill, pro-
viding for a graduated income tax,
which he believes would produce s40,-
600, 600 revenue. Mr.. Cummins pointed
out that it differs in some important
particulars from either the law of
1894 or the amendment offered by
Senator Bailey. 1t exempts incomes
below $1,000, and authorizes the deduc-
ton of that amount from dutiable
income. 1t provides as follows:
Upon incomes not exceeding $4,000,
? per cent; not exceeding $4,000, 21a
per cent; not exceeding $4,000, per
cent; not exceeding $4,000. 31$ per
cent; not exceeding 10000, per cent;
not exceeding $1OO 900, per cent; upon
all incomes exceeding 100000, per
cent
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
LWAUKEE GAINING
IN RACE WITH
OPPONENT
ANOTHER CONDEMNATION COM
PLANT is FILED AGAINST
LAND OWNERS.

Special to The Daily Missoulian.
Kalispel, April 21.--The Milwaukee
is still in the lead and gaining over
the Great Northern in the matter of
securing ground for the right of way.
A. M. Ingersoll, first vice president of
the Milwaukee road, accompanied by
Supervising Engineer Bartlett and
Chief Legal Counsel Field, arrived at
Bolton yesterday direct from Seattle
headquarters, and after consulting
with Chief Engineer Kyle, who is in
charge of the North Fork surveying
forces, and seeing what was being
done IN that vicinity, came to Kalis
pell. During the afternoon they met
the prominent business men of the
town and officers of the chamber of
commerce and were taken on an auto
tour about the city by r. T.. Webster
of the First National bank.
Mr. Ingersoll's aim was to get as
much information as possible regard
ing the amount of traffic to and
from the city and valley. While
keeping as quiet as possible under the
circumstances, he left little doubt as
to the intention of his company.
Later in the evening another COM
plant was filed by the Milkaukees To-
cal attorney, Judge Smith, starting
condemnation proceedings against 26
land owners in the North Fork re-
gion, in addition to those filed at Il
y. m. last night
Similar proceedings We're filed at the
land office to cover the surveys that
cross government lands.
To date about u miles of most i'm
portant passes are thus controlled or
held by the Milwaukee.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
Nav Hasten Settlement.

Washington, April 21-The seizure
of the American schooner Charles
Levi Woodbury. for alleged poachng
viii have a tendency to hasten a def
mite understanding between the Amer
lean and British governments concern
Hecla strait. which the Canadians de-
side shall be regarded as CLOSED sea"
and the right of fishing there denied to
Americans.
The state department for 10 years
has vainly tried to obtain from Great
Britain a definition of its sttitude re-
garding this body of water. The United
States insists the Hecate strait is an
open sea, but should the contrary view
prevail ii would have serious effect
on the fishing interests of Puget
sound
The strait lies between the mainland
of British Columbia and Queen Char
lotte island and is 2S miles wide at
its narrowest part.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
ACCUSED OF SENDING
THREATENING LETTER

Denver, April 21-Charles Frost, a
Denver barber, was arrested this af-
ternoon on the charge of using the
mails for black hand purposes. 1t is
alleged that Frost wrote threatening
letters to j. b. Markee, a wealthy
stock raiser living near Gilman, Mo,
demanding that he place $4,000 in a
certain safety deposit vault in Denver
as ransom for his three children
now attending school in Kansas City.
Unless the demand is met the letter,
which is pOstmarked Kansas City, de-
clares the children will be murdered.
Secret service men located Frost here
He is being held under $4,000 bail.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
TEAM FROM WASHINGTON STATE
COLLEGE GAINS DECISION
OVER MONTANA.
JUDGES ARE UNANIMOUS
tors of Missoua Institution Lose in
tercoIegiate Contest-Cnances for
Both Sides Bright Until Decision of
Arbiters Is Announced

Before small but appreciative audi
ence, the debating team representing
the University of Montana once more
went down to defeat before the appar-
entity inVinCible team from Washing
ton state college, which gained
unanimous decision in the annual CON
test held last evening at the univer-
sity. To the audience the contest
seemed SO even throughout that, even
until the moment the decision was
read, they were unable to determine
which team should come out victor. 1t
is hard to say just in what particular
the team representing the Washington
state college eXcellcd the home team,
only that it may have been in that their
preparation was more compete, and
that they had advantages and oppor-
tunities not available to the home
team.
The victorious team from Pullman
was composed of R E. Davidson, cap
tain; O. A. Seller and Milton New
house, while the local team consisted
of Robert G. Line, captain Mllard
Bullerdick and Dewitt G. Warren.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
MAKES NOMINATIONS.

Washington, April 2l.-The president
today sent to the senate the following
nominations; II. Percival Dodge OF
Massachusetts to 'be envoy eXtraordt-
nary and minister plenipotentiary to
Morocco; William II. Belling, register
of the land office at Occur d'Alene,
Idaho; Edward p. Kingsbury, surveyor
general of Washington
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
VOTING UPON A STRIKE.

Cleveland Ohio, April 21.-Voting
upon the advisability Of calling a
strike against the vessel owners who
are affiliated with the Lake Carriers
association was begun by the 10000
members Of the Lake Seamen's union
al their various branch headquarters
along the great lakes. The voting will
continue until next Monday. The Sea-
mems union is making fight to pre-
serve the union,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
EMBARkS FOR COLON.

Charleston S. c., April 21.-Secre-
tary of War Dickinson, accompanied
by General Bell and members of his
party, embarked on the naval yacht
Mayflower this afternoon for Colon
Secretary Dickinson said that on his
return he would stop at Havana. He
will spend about month in the canal
zone studying conditions there.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
WEDDING TO OCCUR.

Chicago, April 21-Formal an
nouncement of the wedding April 20
next of Allen Patrick Campbell, son of
Mrs. Patrick Campbell the actress, and
Miss Helen Bull, a Chicago society
girl, was made here today.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
LOSE SIXTY MEN.

Tabriz, Persia, April 21.-The Ma
''ralists lost so men killed and 100
wounded in the sorties from this city
yesterday in which an American
school teacher named Baskerville lost
his life. The armistice arranged by
the shah for the purpose of bringing
in provisions is not regarded with
enthusiasm here as the absence of
transportation makes provisioning of
the town very difficult
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
READING is BEGUN.

Washington, April 21.-Beginning at
. o'clock today, the senate entered
upon the reading of the Payne-Al-
drich bill by paragraphs. Senator AL
drich stated that he would ask to
have passed over for future consider
alton any provision that might be OBJ
jected to.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
SNOW FALLS IN DENVER.

Denver, April 21-Nearly two inches
of snow fell in Denver last night, and
more is predicted for tonight and to-
morrow Fruit growers in the Grand
valley are building smudges to protect
the fruit trees from damage by frost.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
FORMER SENATOR DIES.

indianapolis, Ind, April 21.-Formel
United States Senator David Turpie
died today at his home in this city
Mr.. Turpie defeated his republican op-
ponent, Benjamin Harrison, for the
senatorship in 1887. He was reelected
in 1898. Mr Turpe was born in Ham
ilton county. Ohio, in 1929
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
Fish or Board.

The Woodbury. is a schooner about
100 feet long and is 120 tons burden
She has been fishing out of Seattle for
number of years. She had about
900 pounds of fish on board when
taken. There was no time to clean the
fish and the cargo was destroyed.
Captain Sinclair, master of the
Charles Levi Woodbury., visited the
United States consulate today and
lodged a complaint with Colonel West,
the American consul.
West will take sworn depositions of
Captain Sinclair and members of the
crew and will investigate the case. If
he thinks the seizure was not justi-
fed he will lodge a protest. Until
matters are Strengthened out the crew
of the schooner will remain aboard
her. She is now owned by the Stan
dard Fishing company of Seattle.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
HEAVY FALL OF SNOW.

Lincoln. Neb. April 2l.-From two to
three inches of snow fell last night over
the area west from Atkinson, Neb., TO
DeadWood, s d, and north from Spen-
Ger, Neb. into the Rosebud reserya-
tiOn country,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
WITHDRAWN LANDS
ARE ORDERED
RESTORED

Special to The Daily Missoulian.
Helena, April 21---An order for
the restoration of all the lands ex-
tending for two miles back on each
side Of the Missouri river, which
were withdrawn January IS for
the conservation of water resources,
was received this morning by th
officials of the Helena land office.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
CANADIAN CRUISER SLIGHTLY
DAMAGES AN AMERICAN
FISHING SCHOONER.
BOAT TOWEO INTO PORT
Commander of Canadian Government
Ship Declares Prize Was Poachine on
Closed Fishing Waters and Refused
to Halt When Ordered to Do So
Four Rounds From Machine Gun.

Vancouver. B c., April 21.-The Do
minion government cruiser Kestrel
arrived in port today, having in charge
the American halibut fishing schooner
charles Levi Woodbury., which she
captured after firing four rounds from
her NordenfeIdt machine guns and
threatening to sink the alleged poach-
ing vessel unless she surrendered.
Three of the volleys were intended
as a warning, but as no attention was
paid to them fourth was directed at
the schooner, which struck and slight
ly damaged her.
The captain of the American vessel
did not surrender, however, until his
schooner was boarded by force from
the cruiser.
The action took place Sunday after
noon i'm northern waters, alleged to be
contiguous to Canada. Five bullets
tore through the air in the direction of
the Woodbury.. Each time the machine
gun was fired the vessel failed to halt
and made for the open sea as rapidly
as possible. The bullets, aimed high,
ripped the mainsail OF the schooner and
one or two knocked splinters of the
mainmast. Captain Sinclair feared that
he would be sunk right there if he did
not stop. At the same moment sec
ond gun of the Kestrel was swung
across her deck to get into range of
the fishing boat. The Woodbury's en-
gines We're then stopped and her sails,
gashed by British bullets, hauled down,
But even then the American captain
would not willingly surrender. He de-
clined to fastcn a hauser aboard his
vessel but few minutes later an Of
ficer and three men from the Kestrel
boarded the Woodbury. and took
charge.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
A Clear Case.

Captain NeWComb of the Kestrel de-
clares he has a clear case against the
American vessel. Easter Sunday after
noon, he declares, the kestrel was
steaming north from Quatsimo sound
on the west coast when he spied an
American vessel fishing between East
and West Haycock islands. Newcomb
says that when he first observed her,
the vessel was within n mile of East
island. by the time she had picked up
her dories she was within a short
distance of West island.
Then the American ran along, pick
ing up his five dories, the fishermen
cutting their gear, without wasting
time to pull a large haul in.
Captain NeWComb had signaled sew
eral times for the Americans to stop
but they kept on. The first gun was
fired when the race had but well be-
gun and the next two were directd to
send the bullets across the bow of the
Yankee vessel. When Captain NeWcomb
got abreast Of the American vessel
he opened communication through a
speaking trumpet.
stop, or I will put a hole through
you" called Captain Newcomb. Il
don't think So" said Cinclair, in a re-
ply that came plainly over the water.
Then the big gun went off and lit
tie section of the Woodbury's sail was
in shreds. When the second gun of
the Kestrel had been unsWiveled and
trained on the schooner, Captain Sin
clair realized that further flight was
useless and surrendered. He refused,
however, to help navigate to port and
would not even make fast a hawser
lis engineer declined to turn over the
gasoline equipment. The Warship then
took the Woodbury. in tow and headed
for Vancouver arriving this morn
ing.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
Affirmativ Again.

Mr.. Bullerdicx was followed by Mil
ton Newhouse, the second speaker for
the affirmative. Mr.. NeWhouse. in ad
vancing the argument for his side
maintained that there was a great lack
of uniformity in the law of 46 differ
ent states governing corporations, and
that this law should be centralized
under one general body, namely con-
gress. Congress should have the pow
er of revoking all licenses issued and
in this manner would prevent the
secrecy now current among the trusts
and corporations In the present plans
he maintained that there was a lack
of responsibility, that the present in
terstate commerce commission did not
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
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