davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-08-18
BRIEF ON CLAYTON'S
APPOINT TMENT is
PREPARED BY TROY
Submits Same to the Senate
Committee ON Elections.
Believes O'Neal Had
Authority

Montgomery. August Il. Especially
Daniel w. Trey special counsel TO Gov
ernor o'Neal. has prepared brief on
the appointment OF Congressman Henry
d. Clayton as successor to United
States Senator Joseph T. Johnston,
which he submitted to the senate COM
mittee on privileges and elections. In
his brief Mr.. Troy holds that Governor
o'Neal had authority to appoint Mr..
Clayton as successor to the late SEN
ator Johnston and gives his reasons for
this belief.
1T is believed that the questions
thought to exist in this matter have no
real existence whatever. and must at
once disappear when the language of
the seventeenth amendment is tested
by the only standard which can have
application" says Mr.. Troy.
Mr.. Troy points out in his brief the
fact that the state In ratifylng the
seventeenth amendment could only have
considered what really went into the
constitution and could not consider the
senate journals as to why the amend
ment was adopted. Mr.. Troy holds
that in constituting the amendment that
1t can only be considered in the light
of the single standard of application.
Otherwise the condition would become
chaotic.
In his brief Mr.. Troy declares that
the third section of the amendment is
plain in that 1t was not to effect the
term of any senator chosen before it be-
came valid as part of the constitu-
ton.
''The clear intent is that until the
term of office OF each senator elected
under the old system prior to the
amendment has expired by operation Of
law, the new system is not to have ap-
plication to that particular term of Of
flee. Any other meaning would throw
the manner of transition from the old
to the new into a chaotic tumble and
entirely destroy the uniform ftransis-
tion from the old to new, and which will
result in am orderly substitution of
popularity elective senatorships In lieu
of those of the old order as and when
they respectively Terminate" says Mr.
Ffp5.s+3
Copies of the brief have been mailed
to all the members of the senate com
mittee on privileges and elections.
The Birmingham age-herald., 1913-08-18
Mrs. Mary ThazU Eldted
Over Her Sons Escape

New York. August Hilary X. Thaw's
mother, Mrs. Mary Copley Thaw, did not
attempt to conceal her satisfaction over
her sons escape when talking tonight
with reporters at the hotel. where she ar
rived yesterday from her summer home
at Cresson. Pa.
IF this means that Harry is going off
that he is getting away entirey--I am NOT
sorry she exclaimed when Informed by
her daughter. Mrs. George Carnegie, who
was the first of the family here to receive
the news.
This is complete surprise to me-" she
declared. Il was on my way to see Harry
and was to have visited him at Mattea-
wan tomorrow. Mr. and Mrs. Carnegie ar
rived here on steamship yesterday from
DSpitzbergen, and, OF course, could know
nothing Of Harrys plan TO leave Mat
teawan.''
/ Interest in the laws of Connecticut and
Hother states was manifested by Mrs.
AThaw. Il don't prognostieate," she said,
when asked what her son might do. 'We
can all speculate. and that is all can do
The Birmingham age-herald., 1913-08-18
New England. on Watch

Boston, August 1.-THE police of
New England watched for Harry Thaw
In vain today. News Of his escape as
received early in the forenoon and
passed along to the country districts.
At every crossroads constables
watched passing motor cars with extra
vigilance. and along the coast marine
observers tried to pick up conspicuous
looking motor boat or yacht. But no
word of Thaw had been received to-
light.
The police operated on two theories.
One was that Thaw continued in his
automobile through Western Connecti-
cut into the Berkshires, and through
Vermont to the Canadian lire. The
other view was that Thaw's flight con-
tinued into New England; he left the
Connecticut shores in motorboat
which carried him outside the three
mile limit at sea where he WAS trans
ferred to a yacht.
The Birmingham age-herald., 1913-08-18

now. do not believe he will comrnuni-
cate with me at present, but if he does
| think it will be only to tell me to 20
back to my home and rest without worry
ing. He knows / am getting old. l am
sure he VIII not ask me to Join him.
wherever he may be, for he will not wish
to make it any harder for me-"
Mrs. Thaw said she sent telegram "a
Harry today, telling of her expected ar
rival tomorrow and this afternoon was in
formed by the Matteawan authorities tina;
the MESA ge could not be delivered.
Evelyn Thaw's declaration concernino
her husband brought an expression Of
irony from Mrs Thaw.
Mr. Jerome and DR.. Flint taught Eve
lyn to say that" she commented. Som
sidering her present profession. we car
understand why she should make such a
public statement at this time
Mrs. Thaw said she had not conmuni-
Gated with her daughter-in-law for many
months. Harry cut her out of his hear,
at the first proceedings to get free and
cut off her allowance after the second
and | am glad of that But she had
sources of revenue that none of us know
about l guess she added
1t is Mrs. Thaw's intention to return Ia
Cresson, Pa. Tuesday.
The Birmingham age-herald., 1913-08-18
TODAY'S AGE-HERALD

L Thaw escapes from Matteawan IN auto
mobile.
Administration now awaiting a reply
from Huerta.
Neither sulzer nor GIynn comment on
Thaw's escape.
Congress gives up all hope of having
vacation this year.
2-calhoun county much interested in
state politics.
Estate news section.
Holland letter.
Editorial comment.
5-Two arrested on charge of blowing car
safe near Hattiesburg
Hearing on tax raises viii be concluded
today.
Preparations for state fair begun.
Superstition Is not confined to the un-
educated
DR.. Garrison at his new church.
'7-Better feeling in financial circles.
Marion Harland hints.
S-PicIic Thursday at Sunmerfield.
The Birmingham age-herald., 1913-08-18

waited few minutes for her husband TO
return. When he did not she went 10 in-.
vestisate. Mrs Fitzgerald found Mr. h'itz~
gerald on the ground with blood strealn-
Tag down his face from his wounds.
His pockets had been turned wrongside
out and everything he had with the eN-
ception of bunch Of keys stolen. MIR.
Fitzgerald's gun was taken while the hem
house was also robbed.
The negro who shot Mr.. Fitzserald Is
believed to be the same man who was in
the fowl house of Il. d. Pruitt, neigh
Dor of the wounded man. Mr.. Fruit
heard the disturbance ami, going out ON q
side porch. fired five shots at the intru-
der, all the bullets going Wild. The roh~
Der returned Mr.. Pruitts fire, but without
effect
The Birmingham age-herald., 1913-08-18
NOTABLES ATTEND
LOCKE'S FUNERAL

Pittsburg, August 1.-THE funeral Of
William II. Locke, president of the
Philadelphia National league baseball
club, who died at yentnor. n. j.. last
THURSDAY was held this afternoon from
the home of his mother, Mrs. Charles
e. Locke. The services We're conducted
by the Rev. ]. S. Payton, assistant
pastor OF Christs Methodist Episcopal
church, of which Mr.. Locke was a
member
Over a score of notable baseball men
were in attendance. including President
Lynch and Secretary Heydler II the
National league; President Johnson Of
the American league. and officials OF
all the National league clubs.
The Birmingham age-herald., 1913-08-18
Jerome Has No Statement

Lakeville, Conn, August 1.-THE
news OF the escape of Harry Thaw from
Matteawan broke in upon the quietude
of the weekend visit Of Tillman Trav-
ers Jerome, former district attorney of
New York. at his summer home here.
Mr.. Jerome conducted the states cases
against Thaw. and since retirement
from office had been retained on differ
ent occasions to oppose Thaw's efforts
to obtain release from the institution.
Regarding the escape Mr.. Jerome
said: Il have no statement to max e
or comment to offer. | know nothing
of the facts as / have at the present
time no connection with the Thaw
case"
Mr.. Jerome was asked as to Thaw's
legal status now that he is out of New
York state. The former district at
torney said he was unable to answer
this as Thaw's status would be gov
erned by circumstances Jerome ex-
poets to return to New York tomor-
row.
The Birmingham age-herald., 1913-08-18
LIGHT RAINS FALL
IN SOUTHEAST TEXAS

Dallas August la.-~Rain was generally
reported ever North and Southwest Texas
last night and today, but in many conn.
ties was scattered and light, and failad
to relieve the extended drouth a s1i,h,
precipitation was registered at San a,
tonic In the region about Austin. waco
ana beaumont the rains seemed general
ana Dailas received Intermittent showers
The Birmingham age-herald., 1913-08-18
w. B. Fitzgerald Shot BY
Chicken Thief In Bessemer

besseiner' August T.-tspeciaI) I)-w. B.
fl'zseralu' who lives about three miles
from Bessemer' was shot ana fatally
wounded THIS morning about 40 o'closk
by an unknown negro. The weapon used
was a shotgun and the load took snect
IN Mr. Fftzgerald's head lie was. brought
to the Elizabeth Duncan Memorial hospi-
tai where his condition is extremely criti-
cal.
Early this morning Mr.. Fitzgerald heard
"a disturbance in his chicken yard and
went q Investigate. He saw negro and
shouted at him. The negro's reply was to
fire.
!, Mrs. Fitzgerald heard the shot aud
The Birmingham age-herald., 1913-08-18
Slips By Guard as Milkman
Enters the Grounds Early
Yesterday; Goes To-
ward Connecticut
BELIEVED NOW TO BE
ON PRIVATE YACHT
EN- ROUTE TO EUROPE
In Spite of Close Watch Manages to
Throw Pursuers Off Track-Big
Car Whirled Through Villages in
Cloud of Dust-Guard Placed
Under Arrest

Harry X. Thaw, slayer of Stanford
' White, escaped from the state asylum
| for the criminal insane at Matteawan
at 7.45 o'clock Sunday morning. The
| vigilance of thousands of policemen
and detectives in New York and
neighboring states had failed to fur
nish a clue to his whereabouts early
today.
Darling past an attendant who had
just opened the gate to the asylum
grounds for the milkman to enter,
Thaw Ieaped into six cylinder auto
mobile which stood throbbing oppo-
site the entrance, and disappeared in
whirlwind of dust in the direction
of Connecticut state line. A second
automobile followed him.
In his powerful car, Thaw swept
through the hamlet of Stormville 10
miles away, at so miles an hour,
| heading for Connecticut. DIR. F. r. C..
Keib, the hospital head believes Thaw
| fled to some spot on the shore of
Long Island sound and boarded a
yacht for Europe.
A reward of $500 has been offered
| for Thaw's apprehension.
Thaw's former counsel and officials
| of the state hospital commission ex-
pressed the opinion that Thaw would
| be free man once outside the states
boundaries. They thought he could
not be brought back to New York by
extradition unless he were legally adj
judged insane in the state to which he
fled.
Mrs. Mary CopIey Thaw, the fugi-
tive's aged mother, manifested de-
light at his escape. Mrs. Evelyn Nes-
bit Thaw. playing at New York
| theatre professed to be terrorized and
said she feared he would attempt to
execute his threat TO kill her. Police
and detectives guarded her.
Howard II. Barnum, the asylum at
| tendent, who witnessed Thaw's sue
cessful break for liberty, was locked
up in the county jail on charge of
aiding and abetting Thaw in his es-
cape.
William T., Jerome, the former dis
trict attorney of New York who has
thwarted all Thaw's legal attempts to
| gain freedom, refused to express his
. opinion as to whether Thaw could be
brought back to New York when
found. District Attorney Whitman of
New York likewise declined to give
his views.
The mixup in Albany over the gov
ernorship is regarded as favorable to
Thaw's prospects of remaining long
out Of the state, even il he should be
apprehended. Martin II. Glynn, as
acting governor, directed by tele-
graph the superintendent of state
prisons to make report ON Thaw's
escape and said he would begin at
once sweeping inquiry.
Matteawan. N. Y, August H. Harry
r. Thaw. the slayer of Stanford White,
f
nal insane here at 7.45 o'clock this
morning. A dart for liberty through
| an open gate. a leap into the open door
of powerful automobile that stood
| quivering outside and a flight like a
| rocket for the Connecticut State line
CONTINUED on Page EighD
The Birmingham age-herald., 1913-08-18

asylum of Harry X. Thaw was received
here in the early forenoon and the police
began close watch for out-of-the-sta
cars. II was repostea Curing the das thar
an automobiie party mas been seen on
the highway coming from Brewster, n.
Y, but did not reach here.
A report this evening was that in the
hills few miles from this city there is
bungalow which recently was placed in
preparation for a house party. 1t is in a
secluded spot and can be reached only by
long tramp over the hills. It's exact %
cation has not been revealed.
The Birmingham age-herald., 1913-08-18
No One Sees Vessel

South Norwalk. Conn. August 17-In-
quiry here failed to throw any definite
light tonight on reports that Harry X
Thaw, who escaped from Matteawan this
one at any of the hsore points near the city
and sailed from here on a yacht which
had been In waiting to receive him. No
one at any of the shorepoints near the city
could be found who had seen any vessel
which might have been the one reported
to have taken off the fugitive.
The Birmingham age-herald., 1913-08-18
Barnum in Jail

Matteawan, n. Y. August 17.--How-
ard Fl. Barnunl, the gateman whom
Thaw eluded in his dash for the wait
ing automobile, was lodged in the
county Jail at Poughkeepsie tonight
on the charge of aiding and apetting
Thaw in his escape. Sheriff Hornbeck
and John +. Mack of the district at
torney's office took Barnum In an au-
tomobile to the jail. An allnight third
degree" ordeal awaited him there 1t
was said.
The Birmingham age-herald., 1913-08-18
BIG FIRE REPORTED

Omaha, August 17.-E'ire broke
out near the heart of the business
district of Omaha tonight.
Three large mercantile houses are
burning. The Rome hotel, one of
the largest hostelries in the city, is
threatened. The fire is in the block
between Sixteenth and Fifteenth
and Howard,
The Birmingham age-herald., 1913-08-18
Canada on Lookout

Ottawa, ont, Augut l7.-Canadian
authorities were notified today from
the United States that Harry k. Thaw
who escaped from Mattcawan n. ",
asylum today, was reported to be head
ing for Canada. An order was issued to
every dominion immigration inspector
on the border to make a careful ex-
animation OF all trains, especially Pull
man cars, and to have International
highways watched for automobiles
Ii Thaw is caught at the border lie
will be held there and ii he gets across
the border and is caught he Will be
sent back as an undesirable.
The Birmingham age-herald., 1913-08-18
Details of Escape

Poughkeepsie, N. Y, August I7.-At
midnight Sheriff Hornbeck said he had
had talk with Howard Barnum, the
Matteawan guard who opened the gate
when Harry Thaw escaped. aud that
Barnum denied absolutely that he re-
cefved, any money from Thaw or his
agents and declared ne was as much
surprised as the public at Thaw's es-
cape.
"a man named Hickey drove up to
the gate with milk" said Barnum, and
rang the bell for admittance. When 1
opened the gate to admit him Thaw was
standing back of me. he and other pris-
oners who had the liberty of the yard
being allowed at that point. While the
gate was open and l stood IN the open
ing large black touring car drove up
to the gate at an easy pace. He sud-
denly dashed for the car and leapod
upon the running board. The Car put
on high speed and Thaw was whislxed
away in a moment the car being hid
den by cloud of dust ! then noti-
fed DR. Keib of Thaw's escape.
The Birmingham age-herald., 1913-08-18
Both Spend Quiet Sabbath
Despite Turmoil of the
Past Week
.SULZER SPENDS DAY
AT WIFE'S BEDSIDE
Improvement Noted in Condition of
Mrs. Sulzer--Sharp Break Is Ex-
nected in Armistice When the
Board Meets Today

Albany. n. T., August 17.-Bcth Cover
nor sulser and Lieut. Coy. Martin H.
Glynn. who claims to be acting governor
spent quiet Sabbath. Mr. sulzer did not
go to church as usual, but spent most of
the day at the bedside of his stricken wife
and was much encouraged at the favora-
Bile report of her nurse. A few friends
and advisers called during the day and he
enjoyed a short automobile ride late in the
afternoon.
Mr. Sulzer was informed of the escape
of Harry X. Thaw from the Matteawan
state hospital for the criminal insane but
did not discuss the matter.
Mr. Glynn's day was spent quietly at
Cedar Hill, his summer home. He ex-
pressed interest in the news of Thaw's
escape and inquired eagerly for details
but offered no comment. He, however,
sent telegrams to Superintendent Kieb of
Matteawan and Superintendent Riley OF
the state prison department requesting ie-
tailed information of the escape.
The Birmingham age-herald., 1913-08-18
Mrs. SuIzer Improves

The following bulletin on Mrs. Sulzer's
condition was issued today:
Mrs Sulzer is resting comfortably
While her temperature remains high at
1O2, she feels less nervous and passed a
much more restful night"
A sharp break in the holiday armistice is
expected when the trustees of public build
irgs hold a session tomorrow. The mem-
bers OF this board are the governor, lieu
tenant governor and speaker of the as
sembly. 1t is understood that Lieutenant
Governor Glynn, Senator Wagner ana
Speaker Smith win hold the meeting with
out consulting Governor Sulzer, who in
any event would be unable to hold meet
ing of his own for lack of a quorum.
Lawyers who have studied carefully the
text of Governor Sulaer's final letter to
Lieutenant Governor Glynn express the
opinion that it foreshadows an attempt by
Mr.. Sulzer alone to bring into the courts
the question as to whether he or Iieuten-
ant tsss nor sfcnI IS the lawfal cher
executive, pending the decision OF the
court of impeachment.
The old report is revived that this will
be done through the medium of pardon.
1t Is said that Governor Sulzer may par
don some convict whose term has nearly
expired and that by a mutual understand
ing Warden Clancy, one of his appointees
VIII decline to recognize the pardon thus
opening the door to court action by means
of mandamus or habeas corpus proceed
ings.
Humans Course Commended
statement by William Barnes chair
man of the republican state committee,
commencing the course of Harold J. Hin
man, minority leader of the assembly in
opposing the Impeachment resolution has
caused considerable speculation. II Is
pointed out that Mr.. Barnes bases his an
proval entirely on the inadequacy of the
time given the assembly to study the re-
port of the Frawley committee and that
he emphasizes his conclusion that Mr.
Glynn now undoubtedly is the acting gov
ernor.
Some of the Glynn partisans construe
the Barnes statement TO be tantamount TO
serving notice that political opinions are
not expected to sway In any degree the
attitude of the republican senators in the
trial.
There are II republican senators and
only 10 votes III favor Of Governor Sulzer
would prevent impeachment. This as-
sumes that all the justices Of the court
of appeals and all the senators viii take
part in the trial
The Birmingham age-herald., 1913-08-18
Brother Reticent

Bar Harbor, Me-. August 17--Benjamin
Thaw and his family of Pittsburg are
stopping at a hotel here. Mr.. Tha
learned of the escape of his brother
Harry. from Matteawan asylum. from
newspaper men today, but refused to dis
cuss the matter.
This is the first that I have heard OF
it" he said. II know nothing about it, !
have not seen Harry Thaw recently and
have been here for some time. ! do not
wish to be quizzed about the affair |
have no Information other than what you
have told me and have absolutely moth
ing to say
May Be in Bungalow
Danbury, Conn.,, August 17.-Word OF
the escare from fhe Mattaowoo NJ "
The Birmingham age-herald., 1913-08-18
Constitutionalists Are Alert

Representatives of the consttutionalists
here are watching developments with
keenest interest. If Huerta is disposed
to accept that part of the American pro-
posal looking to elections, that element
may come into these negotiations.
AS the Mexican constitution prohibits
the holding of a general election during
period of Instruction, to comply with
President Wilson'S desire for free ana
fair election something would be done
to induce the conrstitutionalists to con-
sent to truce.
SO far, it is stated officially, the adj
ministration here has had no communica-
ton directly with the constitutionalists.
The reopening of telegraphic communi-
cation between Juarez and the city of
Chihuahua was announcd to the state
department today by receipt of a mes
sage from the American consul congfirm-
inf the previous report from the CONSUL
ate at Juarez of the safety of the Amer
lean Hulse family. whose perilous situa-
ton led Senator Penrose to address the
Senate last Friday.
The Birmingham age-herald., 1913-08-18
Mexican Situation Continues
Apparently Unchanged
Officials Hopeful
BRYAN EXPECTS NO
REPLY FOR DAY OR so
Representatives of Constitutionalists
Watching Developments With
Keen Interest-American
Hulse Family Safe

Washington. August 17-Tho Mexican
situation continued apparently unchanged
today. with President Wilson and Secre-
tary Bryan awaiting the Huerta govern
ment's reply to the preliminary note de-
ivered by President Wilson'S personal
representative. John Lind, to Mexican
Foreign Minister Gamboa, outlining the
position of the United States.
Mr.. Bryan let 1T be known that he ex-
pected no reply for a day or two. The
fact that Envoy Lind has established re-
lations with the Huerta government
through Minister Gamboa, following re-
ported declarations which almost threat
ened deportation of President Wilson S
personal representative, leads officials
here to take more hopeful view of the
situa ton
The Birmingham age-herald., 1913-08-18
Nay Be in Bungalow

Danbury. Conn, August 17.-Word of
the escape from the Matteawan, N. Y,
The Birmingham age-herald., 1913-08-18

Continued on Page Eight
The Birmingham age-herald., 1913-08-18

Matteawan. N. Y, August 17.-Harry
r. Thaw. the slayer of Stanford White,
escaped from the hospital for the crimi-
morning. A dart for liberty through
an open gate, a leap into the open door
of powerful automobile that stood
quivering outside andSa flight like a
rocket for the Connecticut state line
The Bridgeport evening farmer., 1913-07-12
MELANCHOLY
 WOMEN
Should Profit by Mrs. F1ur. ley's Experience Her Own
 Story Here Told.

Eldon, Mo. -ssI was troubled with organic inflammation and
The Bridgeport evening farmer., 1913-07-12

But now two main gates have been cut in the walls of the Imperial City and the great wide park in front of the Forbidden City, together with the roadway behind it, which runs along side the moat, covered with water lilies at this summer season, have been opened to traffic. The camel driver, the rtckshaw cooIie, and the foreign tourist may now pass through these hitherto reserved places, getting near to the great dragon poles of marble and the massive stone lions that stand beside the front gate of the Pal ace; and anyone may cross the fa- nous marble bridge over the lake in the Winter Palace and get a close view of the Empress Dowager's pagoda and the wonderful cluster of yellow roofed palace structures.