davidaulloa/AmericanStories huggingface dataset:
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
WITNESS
CLAIMED BY
DR.. TWYNAM DIES AFTER BRIEF
ILLNEss-wAs TO HAVE AP.
PEARED AGAINST HYDE.

Kansas city, April 1S.-Scarcely had
the state completed its opening state
ment In the murder of DIR. B. c. Hyde
today when DR.. G. 4. Twyman one
OF the prosecutions most important
witnesses. died at "A local hospital. He
was stricken last Saturday. Acute
diverticulitis caused death. Dr. ivy
man was for years the Swopc family
physician. When the nurses struck
at the SWope residence and accused
DR.. Hyde, they carried their complaint
to DR.. Twyman. He called DR.. Hyde
to his office and told him he was
suspected. In other matters than
those pertaining To his duties as a
physician. DR.. Twyman was IN the
confidence Of the Swope family.
Upon him the state depended largely
10 prove DR.. Hyde bled James Moss
Hunton To death. lie was also cX-
pected To testify regarding the alleged
attempt of DR.. Hyde 10 poison Miss
Margaret Swopc Miss Swope was DR.
Twyman's patient when. 1t Is said, pr
Hyde tried to kill her when DR.
Hyde's attorneys took deposition
from DIR. Twyman. he refused 10
criticize DR.. Hyde. Without going into
detail, DR.. Twyman said he approved,
In general. DR., Hydc's work in con-
nectlon with the Illness Of various
members Of the SWope family.
So voluablc did the state consider
the testimony Of Dr. Twyman that at
one time Prosecutor Conkling thought
of dismissing the jury which had been
chosen, but not sworn, and awaiting
the recovery of the physician before
beginning the trial. DR. Hyde sat
calmly between his wise u1i his father
in the criminal courtroom today and
heard himself described as man
whose greed for gold had made him a
prisoner and a murderer. II was At
torney James ID. Reed who. In the
course Of his opening statement for
the prosecution thus painted the ply
slcian
Throughout the long ordeal of the
excoriatlng address, Hyde listened at
tentivcly.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
COURT HANDS Down
OPINIONS
SUPREME TRIBUNAL OF THE
STATE DECIDES SEVERAL
IMPORTANT CASES.

Helena. April -(Speclal.) The su-
preme court handed down five opin-
Ions today. The one Of the most gem
eral interest was case from Park
the plaintiff and J. Il. Swindlehurst
and others the defendants. The plain
tiff was decided lot by her father as
compensation for having cared for
himself and wife, both invalds. De-
fendant Swlndlehurst got judgment
sold. The daughter brought sui t.
be decreed the owner of the lot. and
the supreme court gives her judgment.
The opinion is by Justice Smith, and
he holds that If "A son or daughter
being Of age and supporting himself
or herself returns to the parental
home to take care Of her or his par
ent, they being ncapaeitated from
earning a living, the child is entitled
to compensation for the services, and
If there Is no contract for the com
ponsatlon one can be implied from the
facts and circumstances attending the
case.
In the suit of w. b. Dolenty against
the Rocky Mountain Bell Telephone
company. to recover $l.S2l. the lower
This Is reversed by the supreme court.
The other opinions were in Silver Bow
cases.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
COMPANY IS OWNED
, BY TRUST
BEEF CONCERN, SUPPOSEDLY IN.
DEPENDENT, CONTROLLED
BY THE COMBINE.

St Louis, April lS.-Admlssions by
Charles =. Urquhart, secretary of the
81. Louis Dressed Beef & Provision
company. that the concern, hitherto
supposed to be indcpcnd ,ll, Is owned
and controlled by the National Pack
Ing company. caused Il sensation ut
todays proceedings in the investiga-
ton OF the so-caled beef trust being
conducted by Attorney General Ma
jor. Urquhart's testimony. Major de-
clared, shows positively that the Ma
tlonal Packing company fixes the
prices at which the local company
buys and sells salt meats and by
products. Grquhart testified much of
the stock OF his company IL held by
John Doe" and Richard Roe" and
that it's business is conducted on tel
cgraphlc orders received daily from
Chicago.
Major declares he will show by
other witnesses the National Packing
company Is IA holding corporation for
the Armour. Swift and Morris inter-
ests and controls 25 so-caled indie
pendent companies throughout the
country.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
UNABLE TO- LOCATE
THE FUGITIVE
ROBBERS
MEN WHO HELD UP MAIL TRAIN
STILL AT LARGE-PUR.
SUIT CONTINUES.

Martinez, Cal. April 1S.-After two
days of searching by armed posses and
tracking by detectives, the two daring
bandits who held up the China Japan
fast mail on the Southern Pacific near
Benicia late Saturday night and looted
the mail car of five registered mail
clew obtained indicates that they are
stlll within 20 miles of the scene of
the crime From the information gath
cred today 1t Is believed that they are
hiding tonight In Redwood canyon.
some 10 miles west of here. between
this city and Oakland. The canyon is
rugged. narrow gorge covered in all
directions with thick. low growing
trees. that offer "A screen t. the move
ments Of the fugitivcs
At daybreak today sheriff Veale of
this county led his deputies out into
tho hills again They covered four
roads between this place and Oakland,
but 1t WAS late in the day before they
found trace Of the men, who had
been seen last "A hours before. scarcely
eight miles from this city, from which
the spot where the overland mail was
held up can be seen. At Walnut creek,
a hamlet on the Redwood canyon road,
two strangers, laden with n heavy bag
ana grimcd with the dust of hard traV-
cling, stopped az the crossroads store
for crackerS ana tobacco. They had
hardly left the place before rHncher
rcpartcd that his horse was missing
and the chaso for the bandits was
given new start
Later IL was lonrncd that II woman
living IN Dead Mans Pul-l. also on
the Redwood canyon road had been
visited by two mca carly today who
asked for old pvrralls. They Tailed
closely with the description of the
suspected bandits Tonigh, Sheriff
Vealc Is gathering his forces closer
and closer about Redwood canyon His
deputies arc moving toward the gorge
from several directions, Closer search
of the cabin in which the suspects
| lived for three weeks and which lies
| within a mile of town, revealed today
the hiding place of Il dozen coils of
dynamite fuse, two boxes Of giant pow
der caps and secrcted store of food
Finger prints were found also on a
china cup, used as shaving mug, and
these will be examined by Frank De-
puc, expert for the state prisons In
reading finger prints. II was also dis p
covered today that the men bought
ammunition in this city more than a
week ago
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
FUGITIVE CAPTURED.

Louisville, Ky. Arpil 1s-Sherin
Emlcr today received from the author
tiles of Deer Lodge. Mont. notice Of
the arrest there of George B. Warner,
slayer in 1903 of Pulaski Leeds, SUI
perintendcnt of machinery for the
Louisville a. Nashville Railroad COM
pany. Warner WAS tried for the crime
and the jury decided he was of un-
sound mind and committed him to the
insane asylum at Hopkinsville, Ky,
whence he escaped In 1904. Requisi-
ton papers for his return have been
asked from Governor Wilson.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
REMAINS OF MORLEY
BURIED AT BIG FORK

Kallspell, Mont, April lS.--(Special,l
-Arual Morley, uncle of State Rail
way Commissioner f., A. Morley, was
buried today near Big Fork, the body
having been discovered near Swan
lake where Morley was lost in a De-
cember snowstorm Several parties
started from Big Fork In search of
him az soon as it was learned he had
not arrived at his destination, but no
traces were found and he was thought
To have gone through the ice of Swan
lake. 1t now appears that he had
been turned back by the bitter cold,
and had frozen to death before reach
ing camp The coroner who went TO
the place stated today that he be-
lieved Morley had fallen In the water
and chilled as a result,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
NOT A VISIT

Rome, April ls.--F'rom reports which
1t has received from Vienna the vat
lean, 1t is understood, does not CON
slider that Monsignor j. Granite di
Belmonte Pignatelli, the papal nuncio
at Vienna, visited Mr.. Roosevelt, The
contrary view Is expressed on the
ground the papal nuncio refused to at
tend "A luncheon given in honor Of the
former president by American ambas-
sador Kerens and it Is explained that
after the luncheon the nuncio called
upon Mr.. Kerens and on that occasion
met Mr., Roosevelt, a meeting which 1t
was not in his power to avoid.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
DEAN OF THE A. P.
CLAIMED BY DEATH

St Louis, April ls.-charles j. Os-
born, "a years old, and dean of the
Associated Press, died here tonight
after an illness of several weeks. He
was correspondent Of the Associated
Press in ST. Louis from 1855 to 1909.
when he retired. He continued his af-
filiation with the st. Louis office in
an advisory capacity, however, until
his death. making him an employe of
the Associated Press for 55, years Mr.
Osborn was affectonately known
throughout the service as Major
Major Osborn's first duty as COR
respondent was to organize news
service to the Pacific coast In doing
this he Travelled by stage coach over
the old western trails. The telegraph
line then ended at Upton, Mo, and
the news items We're carried from
there to papers further west by pony
express riders,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
CRUSHED TO. DEATH
IN TERRIBLE
FALL
SUPERINTENDENT OF DIAMOND
MINE PLUNGES TWO THOU.
SAND FEET DOWN SHAFT.

Butte, April is.-(Speclai.)-M Mike
JOY acting superintendent of the Dla :
mond mine and one of the oldest and
best known practical miners In Butte.
was killed In the shaft of that prop
erty this afternoon at o'clock. Joy
descending near the 600 foot level by
being hit with "A drill that had either
fallen down the shaft or was pro-
truding from the 600 foot level. The
body was terribly mutliated by the
fall of 2,40O feet. The remains were
found in the sump 5000 feet below
the surface.
Peter Seaton. mule skinner was
riding in the cage with Joy and they
were standing so close together that IL
seems a miracle that Seaton was un :
Injured. Seaton gave signal which
brought the cage To "A standstlll but
it WAS too lato to give any assistance
to JOY The body was picked up In
candle boxes.
Mike JOY has been in Butte for Is
years. He was known to almost
everyone identified with the mining
industry In Butte and had occupied
many positions of trust and responsl
bility. He had been placed In charge
Of the operations at the Diamond on
the death Of Superintendent james
Higgins.
He was 3S years of age and unmar-
ried He was "A member of tho
knights of Columbus and the Elks
lodge. He leaves one brother In
Butte.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
Women, With Banners Afloat and Finery
Flutterng, March Upon National Capitol.
FOUR HUNDRED THOUSAND DEMANDS FOR BALLOT
Mammoth National Prescntment, Divided Into Small Bun
dies and Tied With Yellow Ribbon Is Thrust Into the
Hands Of Representatives and Senators-A
Remarkable Demonstration.

Washington. April lS.--With banners
afloat, fincry afluttcr and occupying
Il procession of taxicabs nearly "a mile
long the suffraglsts In convention here
moved on Capitol hill today and pre-
scented to congress 100000 individual
demands for votes for women. The
mammoth national petition was dlvid-
cd into little ones. each tied with "A
bit of yellow ribbon and grouped into
little bundles OF convenient size for Il
suffragctte to carry under her arm.
Senators and representatives from
every state received some part Of that
petition. Representative Wiley of
New Jersey announced he would re-
fuse to present the petition of the
New Jersey delegation because of the
kissing of President Taft at the suf-
frage convention. So Mary y. Husscy
just marched up to MIR Wiley and
thrust the petition upon him with the
invitation to do as he liked with it,.
Admiral Schley passed by during the
parade.
taxicab and pinned vote for
Women button on the admiral.
Thank you, ladies'" he said, II will
co-Operatei'
DR.. Anna Shaw. who had been re-
elected president of the National
American Suffrage association few
minutes before rode In the first auto
mobile. About Is others followed In
single file down Pennsylvania avenue
and on to the capitol
House Side.
II had been expected the suffra-
gettes would advance on the senate
side. but all went to the house side.
Miss Fola La Toilette, daughter of
the Wisconsin senator. hustled up to
the senate side to present Wisconsin's
petition 10 her father. but found the
senate In session and according to
order of business. the petition could
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19

not be received until later. Sonc
other suffragists construed this delay
as indicating opposition and made
quite a noise.
The senator's placatcd them by Civ
ing assurances that the petition would
be taken under the order Of new
business" later.
Senator Borah was easily the fav-
orite in the senate chamber. He was
presented with petitions from the Dis
trict Of Columbia, Idaho, New York.
Kansas and Hawaii.
Senator Root Is our ficrcest enemy
and we could not ask Mr.. Depew,"
declared leader in the New York del
egation. so we had to go away out
To Idaho to get senator to introduce
our petition"
one Of the petitions Of 102 persons.
all famous IN the world of literature,
was headed by William Dean Howell.
Asks Admission
Mrs. Dcming. of the New York del
egation applied for admission with
some other suffragists at one of the
senate galleries. Mrs. Deming was
pleasing to look upon.
I'm let you in, beamed the door
keeper. "but | don't think there is
room for any of your friends
You are very brassy, aren't you"
retorted Mrs. Deming, sharply. IF
there's no room for my friends, there $
none for me-"
Mrs. Deming and her party were
admitted to another of the galleries.
The crowded senate galleries APP
plauded when Senator Toilette pre-
sented his armful of petitions and
said.
II hope the time viii come when
this great body of intelligent people
will not find IT necessary to petition
for that which ought To he accorded
as Il right in country Of equal oppor-
tunity.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
REHEARING GRANTED.

Washington, April 1S-A rehearing
was granted today by the supreme
court of the United StateS In the
Grimaud and linda cases Of California,
involving the question whether it is II
criminal offense against the govern
ment to Craze sheep on n forest re-
serve without permission, The gov
ernment asked for the rehearing, the
decision of the lower court that II was
not an offense having been affirmed
by the supreme court few weeks
ago.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
READY TO TESTIFY
FOR THE AMENDMENT

Washington, ID, c. April Is tSpe-
cial) Il. Rhoades of the kalispell
Chamber of Commerce and delegates
from the Spokane, Salt Lake and
other chambers Of commerce and
business mems associations arrived In
the capital city today to testify hes
fore the interstate commerce COM
mlttee in support of Dlxon's amend
ment to the railroad bill relative to
the long and short haul freight rates.
Several traffic managers Of western
roads are also in the city to appear In
opposition Ia the business men
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
AUTO LINE OPERATING.

kalispel, April 1s.--I'oar automobile
stages and one freight auto are maxi
ing the run across the f'lathead reser-
walton from RavalIl 20 Poison. accord
ing to persons who have arrived here.
The autos are securing much traffic,
but the Allard horse stage line Is still
in operation. Many people coming to
Kallspell are coming 10y way Of Mis-
soula and across the reservation and
lake.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
EARTHQUAKE FELT
IN MONTANA
TOWNS

Butte. April ls-A short, sharp
earthquake shock occurred here at
!. 80 this morning,
Reports received over the wires
In Mssoula early this morning in
dicate that distinct earthquake
shock was felt about 1890 o'clock
this morning in Silver Bow. Great
Falls, Boulder Warm Springs, Car
rison, EllistOn and Northern Pa
cific crossing near Helena. The
tremor was of short duration, but
sufficiently strong to be distinctly
felt.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
TO CONSIDER MEASURE
FOR NEW JUDGESHlP

Washington, d, G. April 1s.-(Spc-
cial) )-fhc senate Judiciary commit
tee viii take np this week for consld-
Grafton the Dixon measure for an ad-
ditional federal judgcship In Montana
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
cLARksoN RETIREs.

New York. April is-After eight
years of government service as sur
veyor of New York port, James S.
clarkson, fromerly chairman of the
republican national committee, retired
today and was temporarily superseded
by Chief Deputy Surveyor George
Smyth
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
Shafroth Vigorously Assails Policy of Gov
ernment Regarding Power Streams.
ADDRESSES CONSERVATION MEETING IN DENVER
Asserts the Most Interest the Nation Has the Waters of
Various States Is Easement Prevent Interference
With National Interests---Garfield Sees
Danger of Monopoly.

= Denver. April rs Declaring all the
elements which 20 to make ny a water
trust arc in existence today and the
tendency toward such Capitalization
Is growing stronger. former Secretary
Of the interior James H. Garfield ~
night made "A strong plea before tho
Colorado conservation convention FOR
GO cooperation between the federal and
state governments in the conservation
of water power resources. MIR Gar
field was preceded by Governor Sha-
froth who. at the morning session Of
the meeting. declared IN unqualified
terms for exclusive control by state
governments
The federal government has no
titles tn the waters or rivers and
streams In any part of the country
whether they he navigable or non
navigablc," asserted Governor Sha-
froth.
THE most the government has In
interest To the waters OF the differ
ent states" Governor Shafrcth con-
tinuod. Els an easement which IL en-
crcised properly to the end that no OBJ
structions shall he permitted to inter
fcre with Interstate commerce. There
is available In our state one million
horsepower that can be generated from
the mountain streams. II * conserva
lively estimated that the industrial
product of one horsepower per year
amounts to Slice. When we multiply
that by the amount of horsepower that
can bc developed In Colorado we have
value In manufacturing products for
the future Of Sl15.20o.0 900"
The governor, therefore antagonized
the various bills now pending In con
gress 10 give more or less control To
the federal government over all water
powers In the several states. Az TO
the fear expressed mostly la the east"
that state control of water sites would
result In the monopoizatlon of water
power. Governor Shafroth said:
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
ONLY TWO NOMINEES
CONSIDERED
NOW

Washington, d, CO April 1S--
Especial 1.-The Montana federal
judgeship appointment has now
narrowed down to the consideration
of the names Of Marshall and Rasch
only. No other names are being
considered by the president. Judge
Hunt is urging Rasch for the posi-
tion, claiming that his long service
as United States district attorney
particularly fits him for the position.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
M ore Danger.

There IL Infinitely more danger OF
a trend towards monopoly from con-
gressional control than from state con
troll. ! spent several wears In con
gress and ! observed that agents of
monopoly were In attendance I'm great
or numbers and possessed far more In
fluence In the halls of congress than
they do In the Legislature.
But there is no chance for monop-
oily To breed and grow in the water
power business OF this state, for our
constitution eNpressely forbids IL In the
section which declares that the waters
OF the state are for the use and bene-
fit Of the people Of the state"
At the morning session letters were
read from Phillip +. Wells. counsellor
of the national conservation commits
sion, upholding Garfield's position. and
from Secretary of the Interior Richard
A. 3allinger, upholding Governor Sha-
frpth's stand Mr.. Wells letter WAS In
answer To "A request for II statement
sent to Clifford Pnchot former chief
forester. This letter reached Wash
ington too late to be forwarded 10 Mr.
PIncho, in Europe and 1t Is understood
Mr. Wells was speaking for Mr. PIN
chot.
The entire evening was given over
to Mr. Garfeld's address.
Garfield Talks.
Mr. Garfield spoke upon the subject
of conservation of water rights, the
state and federal control OF water
power sites and the general principles
of conservation. Mr. Garfield pointed
out the dangers of monoDolization of
the water power sites of the country
and declared that If "A water power
trust was not already In actual exist
ence. all of the elements going to make
up such n trust are present and the
tendency toward such Capitalization is
growing stronger every day He de-
Tended the course of ex- President
Roosevelt IN making use of broad
executive authority to make withdraw
ais of water power sites and sought
to show by quotations from the con-
stltution and from the decisions Of
Chief Justice Marshall that the chief
executive was fully empowered to con-
serve such public interests under the
broad rule of the general welfare"
III i1litlt Hdiu MI 'IdTIltlut Lilt
condition Is this The federal govern
ment owns property essential for the
development of water power The
states control the use of water within
their respective boundaries, To bring
together these two elements necessary
for water power development, the ma
tion and states should cooperate The
private interests that are developing
and using water, of necessity ignore
state lines ana nothing will be more
acceptable to these interests than TO
have the federal government withdraw
from all attempt 10 control their trans
actions
Unless the federal government re-
tains and exercises such control the
interests Of the people OF one state may
be seriously jeopardized by the action
of an adjoining state During the last
10 years the great possibilities for the
use of water have been appreciated.
Everywhere private interests are at
tempting to gain control of vantage
points for development. The fight Is on
In nation and state, The question is
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-04-19
Great Danger.

The great danger that threatens our
federal and state governments today
Is that special interests. private inter
ests, property interests, may unduly or
unfairly dominate Legislative action. II
II not just 10 arralgn individual or
special interests for this condition. We
must likewise condemn Indifference Of
our citizens. We, az people, have
been too busy making money to give
proper heed and attention to the nc
tions of our legislative representatives.
We have been willing to calmly sit by
and see great property rights great
special privileges, granted To private
interests and individuals without re-
gard to the public welfare
There was great latitude for cxecu-
tive action within the law" he said.
1T Is part of the executive duty To
keep within the law" said Mr. Garfield.
IN II a further and equally great duty
To make the law an instrument to pro-
mote the public good rather than an
excuse for inaction."
The speakers reference To- the use
OF the executive power WIS significant.
During these periods" he said when
the chief executives acted upon the
broad conception of their power, the
peoples interest and the public welfare
have been better safeguarded and pro-
tected than during periods when the
opposite prevailed When narrow in
depreciation is the one that private in
terest and special privileges find best
suited 10 their purposes. BY the wise
exercise of executive power and tho
enforcement of the law President
Roosevelt stopped dealing in the pub
lie domain and the waste of natural
resources"