davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
FROZEN TO DEATH FOLK IS OUT OF ITTELLS OF KILLING
Swinney Chief Witness Today
in KimmeI Case.
Tale of Murder in Northern
Woods Is RetOId.

st. Louis, Feb. 1O.-John B. Swinney,
a New Mexico ranchman. testified in
the Kinmel case today that he killed
the man who shot and killed George
Kimmel in a forest in Oregon, Aug. IA,
1898, two weeks after Kimmel disap-
peared.
Swinney was allowed to tell his story
to the jury with but slight interruption
from attorneys of the insurance COM
pany which holds policies amounting
to $50, 600 on Kimmel's life. The defense
plans to put on witnesses who, it is
contended, will discredit Swinney's
testimony.
The witness is an acknowledged two
time convict, having served sentences
for murder and train robbery.
Kimmel in company with the late
Robert NJ. Snyder, of Kansas City, a
man named Johnson and Swinney, ac-
cording to Swinney's testimony, left
Kansas City the night Kimmel disap-
peared for Coos bay. Oregon. to search
for a buried treasure of $4,000
The party went through Denver and
San Francisco to Coos bay. After find
ing 81. 900 of the treasure, according to
Swinney, Johnson and Kimmel quar-
relied in the woods, Johnson shot Kimmel
son and Swinney and Snyder buried
the bodies of Johnson and Kimmel in
the same grave, covered it with leaves
and slipped away. Swinney testified
Snyder took Kimme1's effects and in
tended to send them to his mother but
that Snyder was afraid to do so The
claimant, Andrew ]. White former
convict was not in court to hear Swim
ney'S story.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
BEWARE PEDDLERS
Don't Pay High Prices for Inferior
InstaIIment Goods.

With ali due respect to the news
paper business of Topeka, it seems to
the state Journal that a great injustice
is being done the merchants of To-
peka and an injustice to the public,
when the one paper continues to sell
merchandise of nearly every descrip-
ton on the installment plan, nearly
all of which is also purchased away
from home.
For the past several weeks the city
has been flooded with alleged news
paper solicitors making a house to
house canvass with vacuum cleaners,
scissors. clocks. dictionaries. Bibles,
rocking chairs, carpet SWeepers, hard
ware, food choppers, mirrors. dishes,
kitchen cabinets, books and silver
ware
The solicitors urge the people to buy
this merchandise at So much down,
and then so much per week for several
months, or Nven d year.
The merchants of Topeka have thou
sands of dollars invested and ought to
be protected. The chances are that
these house to house peddlers do not
even pay a license
Beware of peddlersi Buy home
male goods when you can and patron
fze Topeka merchants, and don't pay
four dollars on the installment plan
for an alleged eight dollar article,
bought tor two dollars, and sold for
double the money on weekly payments
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
His Body Is Found Lying on
the Sidewalk.
COLD WAVE FROM THE WEST
Carries Zero Weather All the
Way to New York.
Coolest January in 35 Years in
Illinois Metropolis.

Chicago, Feb. 10.-Gustav A Meister,
a printer was found frozen to death on
a sidewalk here today. The tempera-
ture has hung around the zero mark
during the last "A hours but, according
to the weather bureau warmer weather
is due.
Records completed today show that
the January just passed was the cold
est Chicago has experienced in 35 years.
Drop of 80 Degrees in IL Hours.
New York, Feb. 10.-The cold wave
from the west arrived in New York to
day on the wings of a 20 mile wind
and within u hours had sent the mer-
curry down to two degrees below zero.
This was a drop of 80 degrees within
II hours. Tie mercury was almost sta
tionary for four hours and the local
weather bureau announced that it
would remain near the zero mark all
day and tonight.
Twelve Below at Pfttsburg.
Pittsburg, Feb. 10.-The coldest
weather of the winter struck PittSburg
today, the official TEN perature being 8
degrees below zero, while from neigh
boring communities, readings were re-
ported as low as II degrees below
Many trains were behind time, one
from St. Louis 3 hours and 45 min
uteS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
Labor Organizations Protest
Against NageI's Appointment.
LABOR ORGANIZATIONS HEARD
Claim He Has Been Too Liberal
With immigration.
PrOhibitiOnists Claim He Has
Been Brewer Lobbyist.

Washington. Feb. 1o.-Presidcnt Taft
has decided TO delay until next. week
the appointment of a successor to the
late Justice Harlan of the United States
supreme court. Friends OF Judge viii
liam c. Hook. of Kansas. who was "a
leading candidate have asked the presi-
dent for more time to present hts
claims and TO offset the adverse effect
of the jim Crow law decision in which
he participated. In the meantime vari-
GUS protests have reached the White
House against the proposed appointment
of Secretary OF Commerce and Labor
Charles Nagel.
These protests have come largely
from labor organizations, the complaint
being that Secretary Nagel had been
too liberal in his enforcement Of the
immigration laws. The protests have
quoted many Of Mr.. Nageis state
ments and speeches in which he urged
more liberal treatment for aliens. IL
looks at the White House as though toe
entire question Of the vacant Judgesnip
had ogain been thrown open.
Prohibitionists Also Protest.
The president also received word
from the prohibitionists Of Missouri
that they propose to fight the appoint
ment of Nagel to the bitter end. Naget
they affirm. has long been an ally. II
not a lobbyist for the big brewers or
Missouri and to confirm that thay show
that Otto Steifel. one Of the biggest
brewers of St Louis, at Nagel's request
reversed the Roosevelt decision OF the
St. Louis county COMMITTEES and made 1t
a Taft decision
AS soon as the prohibitionists had
got their notice of protest, along came
the progressive Republicans--the Hadley
people Of Missouri. with the statement
that not only had Nagel been counsel
for the Waters Pierce division of the
Standard oil company but that he had
actually received a yearly salary from
that notorious subsidiary corporation.
President Taft heard both protests
with a worried face. He doesn't want a
fight on Nagel but he doesn't see how
he is going to dodge one And he Is
beginning to think that sometimes a
president would better bear those ills
he has then fly to others that he knows
not Of
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
TO REDUCE The ARMY.
Democrat Plan Is Strongly Opposed by
Congressman Anthony.

Washington, Feb. 10.-A reduction
of the cavalry force of the United
States army from fifteen to ten regi-
ments, with a consequent reduction of
the enlisted force of the army by
$3.50 men has been voted into the
army appropriation bill in the house
after a bitter fight
The cavalry reduction amendment
was vigorously opposed by the Repub-
lican side of the house and will prob
ably be the cause of another fighe
when the bill is put upon its final
passage.
The enlisted men in the five regi-
ments thus to be dropped would be
mustered out but the officers would be
retained and absorbed into other regi-
ments of cavalry, or into other branch
es of the army. without reduction of
grade. 1t was estimated by Chairman
Hay, in charge of the appropriation
bill. that the immediate saving from
the reduction in cavalry force would
be $4,376,253-
REPRESENTATIVE Anthony, Kansas.
and other Republicans attacked the
Hav amendment in the strongest
terms.
The present strength of the army is
thirty regiments of infantry and If
teen regiments of cavalry. The Hav
amendment, if retained in the final
draft of the army appropriation bill
would become effective July l. 1912
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
|. C. C. IS SUSTAINED.
Railroads Are Denied an Injunction by
the Commerce Court.

washington, Feb. 1o.--The commerce
court today denied the application Of
the transcontinental railroads for an
Injunction to restrain the interstate
commerce commission from putting into
effect its order fixing a rate of 81 q
hundred pounds on California lemons
destined to points in the east
The original order of the commission
estabIishing a rate of 81 hundred
pounds on California lemons destined
TO the Atlantic seaboard was appealed
to the commerce court which remanded
the case to the commission for rehear-
ing on the ground that Sicilian lemon
competition had been given too great
weight by the commission. After re-
hearing the case the commission re-
affirmed its findings and again ordered
that the lemon rate should be 81, a
hundred pounds.
Application was made for an injunc-
ton against this order on the ground
that it was confiscatory. The COM
merce court today denied the applica-
ton. The order will become effective
February Is.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
REPLY TO BRYAN.
Texas Congressman Makes At
tack on the Nebraskan.
Calls Him Evil Genius Hover
ing on DemOcracy's FIanks.

Washington, Feb. 1O.-William Js
Bryan was held up to the house today
as the "evil genius lowering on the
TANKS Of Democracy by Representa-
tive Martin e. Dies OF Texas, who
spoke in reply to Bryan's latest attack
in his newspaper on the Democrat
membership Of the house. Democrats
and Republicans cheered Mr.. Dies de-
claration that he neither feared the
power nor respected the judgment OF
the Nebraskan and his further an
nouncem5nt that Democracy under the
leadership Of Champ Clark and Oscar
complete success. swept the Democrat
ic side of the house into storms of ap-
plause.
Il am almost ready to join Governor
Wilson in his desire to hnd some decent
and orderly manner Of knocking Mr.
Bryan into a cooked hat " said Mr..
Dies amid a raor Of laughter and ap-
plause
Mr. Dies attack on Mr.. Bryan fol-
lowed the latter's declaration in the
last issue Of his newspaper that the -
Democrats who voted against a recent
amendment in the house to require pub
licity Of all recommendations to the
president on judgeship appointments
were unworthy TO represent Demo-
cratic constituency.
Like Bourbons of Old.
Mr.. Dies declared If Mr.. Bryan had
spent as much time reading law as
life he would have known that the
proposed law would be unconstitution-
al AMI an infringement of the presi-
dents rights"
Mr.. Bryan has led the Democrats
through three disastrous defeats,
cried Mr.. Dies. Like the Bourbons or
old he has learned nothing and for
gotten nothing. He points our column
straight to the rocks Of St. Helena.
The people are ready to give ua
more power. II this situation IL is
calamity, If not crime. for Mr.. Bry-
an to SOW seeds OF discord in the ranks
OF the party
whatever we do here displeasea
him. The prospect Of Democrat sue
cess seems to anger - very soul.
prefer to follow the leadership OF the
gentleman from Alabama. have fol-
lowed Don Quixote Of Nebraska until l
am wearying Of war upon windmills.
demand to be led against the flesh
and blood enemies Of Democracy.
The conclusion Of Representative
Dies remarkable attack on Mr. Brgun
was marked by general applause and
the clustering about him Of Democrat
ic colleagues who shook his hands.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
EXAMINE 10000 COWS
TubercuIin Tests on Source of Kansas
City's Milk Supply.

Kansas City, Feb. 10-Three ex-
perts from the United States bureau
of animal husbandry will assist the
Missouri state veterinarian and the
city food Inspector in conducting
tuberculin tests among the dairy herds
which supply Kansas City with milk,
according to City Food Inspector Bar
bee in report issued here today
The tests will begin February
and according to Mr.. Barbee will form
one of the most thorough investiga-
tions of milk as disease source ever
undertaken by a city. Forty thousand
COWS from dairies with an aggregate
capacity of 10000 gallons will be
examined. Affected cows will be
slain.
"Our investigation of the last year,
Mr. Rarbee reported, Showed per
cent of the cows examined to be aff1ict-
ed with tuberculosis. In one exception
al case we found as many as so per
cent of a herd affected .
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10

.LORIMER CASE ENDS.
About 10000 Printed Pages of Testi-
mony Have Been Taken.

Washington, Feb. 1O.-Public hear
ings in the second senatorial investi-
CATION into the election of Senator
Lorimer have been declared closed by
Chairman Dillingham; of the senate
Lorimer committee. Attorney Hanecy,
representing Senator Lorimer. was
given permission to file a brief to the
effect that the senator's election had
been adjudicated before the present
investigation began and therefore that
it could not be the subject of a sec
ond investigation.
The inquiry has proved to be one of
the most exhaustive ever made by a
congressional committee. In the eight
months hearing about 10000 pages
of printed testimony were taken. It is
estimated that the stenographers' fees
alone reached $4,000.
The closing hour of the hearing was
a veritable love feast. The attorneys
explained that they had never intend
ed really to display temper and the
committee added that it had not en-
tertained ike intentions. NJ w
Blumenberg. the official stenograp apher.
who was discharged for his corduct
before the committee Saturday night,
wrote a letter Of profuse apology,
which was read into the record.
Edward Hines was the last witness
called. He denied he had attempted
to bribe Miss Helen Seavers, a local
telegraph operator, to see a message
a private detective in the case had just
sent.
After his testimony, the committee
decided at an executive session not to
inquire further into an alleged COM
bination against Senator Lorfmer as
result Of the Chicago river improve
ment, or other matters which the
committee deemed. after hearing wit
nesses, did not bear upon the issue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
Failed to Pay His Wife Money
as Court Ordered.
NATION ENTITLED TO FEES
Ex-AuditOr Must Depend on
Legislature for Collection.
Joseph NJ. Gentry, Kidnaper of
Baby, Loses Appeal.

John G.. Cooper must either give
bond for payment of alimony to his
wife for care of her child or go to
Jail. The supreme court today re-
fused Cooper's application for writ OF
habeas corpus, declaring that the
lower court had the right to make the
ruling it did in regard to alimony- At
the conclusion of it's decision uphold
ing the decision of the lower court
the supreme court remands cooper
to the custody of the sheriff
Cooper was committed to jail for
contempt in willful disobedience OF
an order of the Shawnee district court
reouiriog him to make provision Tor
the maintenance of his wife ana chlio-
He asked to be discharged on lhe
ground that the court ulu AoL Aehf
Jurisdiction
CooDer's wife sued him for divorce,
alleging cruelty and neglect The de-
cree was disallowed. The court Iouho
that both parties were in equal wrong
The child was awarded to its motheT
and the court decreed that property
sufficient to insure the chlldS mann
tenance and education shoulu pc
placed by Cooper IN the nahuS u d
trustee. Cooper did not obey the or
der of the court ana was laltI % re- eo
uuired to appear and show why ne
should not be cited for contempt OF
court Cooper's attorneys answered
this summons with the argument thal
the court did not have jurisdiction IN
thu matter A motion to set aside
the decree of the court was over
ruled.
Cooper continued to be contuma-
cious and was adjudged guilty OF con-
tempt and was sentenced to pay a
fine and costs in addition to the ali
mony and was ordered committed to
Jail until he paid the fine and trans
ferred the property for the care OF
his child.
Cooper appealed to the supreme
court for writ of habeas corpus to
keep out of Jail. The supreme court,
by it's decision today, uphOlds the Ne-
cision of the lower court in every par
tfcular. Cooper must at once pay his
fine and costs and pay the alimony or
go to Jail.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
STOLE A MAIL POUCH.
Burned Checks and Drafts Valued at
$65.OOO.

Council Bluffs, Ia, Feb. 10.-John
Pruett, under arrest with George
Pabst and Elmer Custin, has confessed
to a long list of robberies duplicating
the other men and finally. according
to County Attorney Capell. told of the
theft from the depot platform here
last Wednesday night of a mail pouch
containing a large amount of valua BILE
mail, including many registered let
ters and packages.
He declared that checks and drafts
amounting to $685. 900 were burned as
the robbers dare not use them. The
disappearance of the mail sack had
been q mystery to the postal author1
ties until an unguarded remark by
Pruett's young wife, who with her
young baby. was held at the Jail, gave
a clew which led to the revelation by
her husband.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
AND NOW HE'S DEAD.
John H. Kidney Vowed Not to Shave
TIL Bryan Was President.

Stamford, Conn, Feb. 10.-John H
Kidney, who gained some notice by
vowing when William Jennings Bryan
was first nominated for president that
he would not cut his beard or hair
until Mr.. Bryan should be seated in
the White House, is dead at the sol
diers' home at Noroton. aged 70 years
He kept his VOW until a. year ago.
Then one day he astonished the town
by walking into a barber shop and
ordering his beard removed and his
hair trimmed. The beard extended
his back almost an equal length.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
Retires From Presidential Race
in Favor of Clark.
Asks Friends to Give Support
to the Speaker.

st. Louis. Feb 10-FOrmer Gov.
Jos. w. Folk today retired from the
race for Endorsement in Missouri for
the Democratic presidential nomina-
ton in agreeing to a proposal made by
Speaker Champ Clark. Speaker Clark
wanted Mr.. Folk to agree to divided
delegation. Mr.. Folk did this and at
the same time released all of his
friends from giving him their support.
Gov. Folk authorized the following
statement:
Il have read Mr.. Clark's statement
with pleasure, and sincerely appre
ciate the spirit manifested therein. I
heartily concur in the sentiments that
personal mbition should be subordin-
ated to the interest of our party in
Missouri and now that Mr.. Clark has
expressed a Willingness to have this
delegation divided between him and
myself as suggested recently by Bry-
an, l shall now request my friends to
make no further effort in my behalf.
I believe from reports received from
other states that Mr.. Clark owing to
his prominent position in Washington
at this time and his long and honor
able service there has perhaps better
chances for the nomination than any
other MiSSOurian, and l shall there
fore release all claims I may have on
the delegation and request my friends
to Join with me in giving Mr.. Clark
the united support of Missouri in this
contest
Clark'S Statement.
Mr. Clark's statement as received
by Governor Folk as follows:
Especially desirOuS of bringing the
Democracy of Missouri together and
to avoid as far as possible, any acri-
mony in the state l have, after con-
sultation with numerous friends and
on due deliberatiOn, determined to
agree to accept the suggestion made
by Mr. Bryan to divide the Missouri
delegation to the national convention.
between Governor Folk and myself;
provided always, of course, that
the Democrats of this state are in the
main for one or the other of US.
Il am especially anxious there
should be harmony and cooperation
among the Democrats of Missouri;
Whether the Joplin convention would
be for me or Governor Folk is a ques-
tion which it is unnecessary and which
would be bootless for me to discuss
now It is sufficient to say that in the
interest of party harmony in this state,
| have determined to say that I am
willing to accept the suggestion made
for a division of the state delegation,
and I hope my friends throughout the
state will heartily agree to tins sug-
gestiOn and cooperate Win me IN car
rying it out
The agreement first was proposed
bv w J. Bryan while here recently.
Governor Folk was willing to agree TO
division of the delegation at the state
convention but Speaker C1ark's man
ayers refused The matter was put
up to Clark in Washington and he
Governor Folk today A
conversation by telephone shortly be-
fore noon between Mr.. Clark and Gov
ernOr Folk followed, and Governor
Folk then made public his announce
ment. Lon Sanders, campaign mana
ger for Governor Folk after the state
ments were given out, said:
This practically means Mr.. Folk s
from the race
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
A. CARNEGIE IS SICK.
Bad Cold Causes CanceIIing of All
Engagements.

New York, Feb. lot became
known today that Andrew Carnegie
is confined to his Fifth avenue home
by a severe cold. His physicians have
ordered him to cancel all engagements
and remain indoors until fully recov-
cred The illness is not, however, re-
garded as serious.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10

This is almost a spring brand of
weather that has been enjoyed today,
and the forecast calls for a continu-
ance of similar conditions It is ex-
pected to be a little warmer tonight
in the extreme eastern portion of the
state The shippers forecast reads:
protect 26 hour shipments north and
west against temperature of 25 de-
grees: east against % degrees; south,
2S' The wind is blowing at an
mile pace from the south The hour
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
To TRAIN IN PANAMA.
New Orleans VIII Invade Canal Zone
for Early Work.

New Orleans. Feb. 1O.-Accompan-
led by members of his baseball team.
President Manager Charles Frank of
the New Orleans Southern league base
ball club, sailed today for Panama to
begin two weeks of spring training.
Games have been arranged with the
organized clubs in the canal zone.
When the team returns to New Or
leans games will be played with the
Chicago Nationals and Cleveland
Americans.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
IN SPITE OF PROTEST.
Col. w. p. Evans Placed on Army Re-
tired List.

Leavenworth. Feb. 1o.=Despite his
protest, Col W. p. Evans, So years
old, infantry unassigned, has received
notice that he would be placed on the
retired list by an army retiring board
at Chicago.
Physical disability is said to be the
reason. The limit for officers is 81
years.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
BROWN TO SIGN UP.
Three Fingered Finger Believed TO
Have Received Increase.

Chicago. FEB. 1O.-Mordecaf Brown.
pitcher of the cubs. according to ru-
NOR here last night. IS ready to sign
a contract.
Brown Is said to have had several
secret conferences with President
Murphy. IL was said Manager Chance
had advised Murphy to save Brown at
all hazards. This gave rise 20 the be-
lief that the pitching mainHtay Of the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10
Weather Indications.

Chicago, Feb. 10.-Forecast for
Kansas: Generally fair tonight and
Sunday; warmer in extreme east por-
ton tonight.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10

Kansas postmasters appointed: Ros-
coe c. Moore. Croft; Ross J. Jones,
Morse; Charles G. Clifford, Shady
Postal savings banks will be estab-
lished at the postoffices of Fowler and
St. Paul, Kan, on March 5.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-10

fcontinued on Page %
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1912-03-29

Is a price upon the head Of every
rebel chief.
A short distance out Of Torreon
the read became impossible ON &C
count OF violent rains. and they
were forced to abandon the wagon
and ride bareback ON the mules.
shall never forget the fx'
perience.- said noysra. Every few
miles ~e would meet a body OF
men. sometimes but n handful. but
AZ other times there would be over
a score. LAWN was kept buAy en-
planning away objections made "a
our proceeding by the outlaws
From San Pedro we continued
on by traln. and after InnumsFabie
delays on account 81 bridges that
had 10 BE- tested and tho replacing
~ railroad ties which had been
torn up. We came through via ~
Faso 10 San Francisco