davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Considered by Supreme
Court Next October

Washington. April 14.-Only by ex-
traordinary steps can the Thaw case
be considered by the supreme court
before next October as the court plans
to suspend hearing all cases on April
"a and hear no more argument until
October unless some extraordinary oc-
casion should demand it. That would
probably mean that Thaw must remain
in custody until at least October. Those
best posted on the courts procedure
predict it may be Christmas before
the supreme court passes upon the case
finally.
Veteran observers of supreme court
procedure who looked for precedents
today thought the Porter Charlton case
was the only one approaching paral-
lei, but even SO they did not contend
the cases were alike. In the Charlton
case, however, the supreme court held
there was no right to inquire into the
sanity of the prisoner in an extradition
proceeding. 1t was pointed out, how
ever, that the Thaw case took on some
different aspects.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
THAW'S HABEAS CORPUS
PETITION IS GRANTED BY
JUDGE EDGAR ALDRICH
Opinion Filed at Concord, N. H., but
Does Mott Give Liberty Until Supreme
Court Arrangements Are Completed
On Appeal

jury that he was insane. The person
was committed on the ground of in
sanity and was being held under the
same commitment at the time of the
alleged escape and flight. The case Is
a novel one and requires the utmost
caution, as the power of eXtradition is
exceptional and extremely arbitrary
and because it imposes itself upon
personal liberty and because hereto
fore neither in this country nor in
England has extradition power been
invoked for the return of person
fleeing from custody based upon such
a finding of insanity and such an es-
cape and flight.
New Yorks right of custody. if the
right exists" Judge Aldrich ruled,
was based solely upon the idea of
insanity; and from the very nature or
the case, in describing the supposed
extradition crime, the demanding state
itself, upon the face of the papers, nee
essarily throws the question of Grim
inal responsibility into the field of I'M
certainty and tus it at once presents
a question new to extradition law"
Further on Judge Aldrich said: 1T
is strongly urged by counsel for the
petitioner in this case that the real and
substantial purpose of the extradition
sought is not to punish the supposed
misdemeanor involved in the escape,
but to secure a return of the petitioner
under extradition power upon a charge
of crime, for the ultimate purpose of
reeonfinement at the Matteawan hos
pital as an insane or dangerous per-
son.
Il think the reasonable interpreta-
ton of the entire proceeding, including
the statement of counsel, We expect
to take this man back: we expect to
try him and punish him for his crime,
and when he has taken his punish
ment for his crime we expect to put
him where he belongs and where he
will not be a menace to the public is
at least that the sole purpose is not to
punish him for the supposed crime of
conspiracy to escape from guardian
ship custody
Rule 81, to which Judge Aldrich re-
fers, provides that pending an ap-
peal from the final decision of any
court or judge dischareing the pris-
oner, he shall be enlarged upon re-
cognizance with surety, for appear
ance to answer the judgment of the
appellate court except where, for
special reasons sureties ought not to
be required.
Should Thaw be held in custody by
some procedure after the appeal has
been perfected it was stated in SUI
preme court circles today that an APP
plication might be made to a justice
of the supreme court for release with
or without bail. In sue han event the
application would be to Justice
Holmes, assigned to the New England
circuit.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Mol Prose- of Charge
Against Former
Pre- Sident of
New Haven
Warrant Said MdnsIaughter in
WestpOrt Wreck

Bridgeport, Conn, April 14.-Charles
S. Mellen, former president of the
New York, New Haven & Hartford
Railroad Co, who in May of last year
was arrested on a bench warrant
charging him with manslaughter be-
cause of the death of one Jane Doe"
in the wreck of the Springfield Ex-
press in Westport on Oct. 8, 1912, was
ordered discharged from custody, fol-
lowing a. noll PROSE- of the charge by
Judge Joseph P. futile.
Action by the court was taken after
II had received from the special coun-
sell Attorney General John II. Light
and State Attorney Alcorn of Hart
ford county, recommendation that the
case be dismissed for lack of evidence
In accepting the recommendation
Judge futile said he had confidence in
the integrity of the special counsel
In the course Of the various pleadingS
he had known of what the state claim
ed and he was not surprised at the
conclusions of the counsel. If you
could not convict the accused, he
said, At do not know of anyone who
could Therefore l think your recon-
mendation Is q wise one. To have
brought the case to trial under the
conditions would have imposed great
expense on the state. If you are sat
isfied with your inquiry of the condi-
lions set forth that there is not evil
dence enough to convict, the court is
willing to accept that finding. In
trial it would be the duty of the state
to prove the duty of the accused, the
violation by the accused of that duty,
and that negligence, gross in charac-
ter, had taken place. 1t is this last
phase which is difficult to prove, The
report is accepted and nolle PROSE-
ordered entered"
The recommendation of the special
counsel for the state pointed out that
the essential allegations against Mr.
Mellen were that as president of the
railroad company he had exclusive
control and management of the tracks
and appurtenances of the company
through Westport and of the operation
of trains" running over the tracks
and that 1t was his duty to see that
all conditions were such as to make
travel safe thereon, including the use
of automobile control signals and
proper cross-overs, and that because
OF "culpable negligence to perform his
duty "the death of Jane Doe re-
suited"
The report discussed cross-overs at
some length and 1t was the opinion
of the principal expert of the state
that the train would have taken the
cross-over safely il the engineer had
not applied the brakes, making the
train too rigid to respond to the
curves.
I'VE are unable to prove that
longer cross-over would have carried
the train safety" the report concludes,
and ''in view of the above we are of
the opinion that a nolle prossequi
should be entered"
Judge futile appointed Galen A.
Carter Of Stamford, states attorney
for Fairfield county until June 30, to
take the place of Stiles Judson, who
brought the indictment against Mr..
Mellen. Mr.. Judson is now o ma va
cation for the benefit of his health.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Cruiser Tacoma Stocks :
For Trip to Tampict

Boston, April 1.-THE protected cruise
Tacoma after filing her magazines wit
ammunition and stocking her holds witt
other supplies today. was tonight orderet
to proceed to Tampico. She probabi.
will get under way tomorrow and will
stop at Newport, r. I.
The Tacoma arrived here only yester
day from Portsmouth, N. H., where sht
had been overhauled, following previous
service in Mexican waters. Much Of thi
service was in and about Tampico, wher,
she did police duty. so that her command
er, Capt. Nathan c.. Twining, Is we'll &C
quainted with the waters in the vicinity
of that port.
So far as could be learned tonight, ne
orders had been received by any othei
vessels at the Charlestown navy yard
-Four battleships, the Georgia, Virginia
Nebraska and Rhode Island. are theyt
at present and the first three could pro.
coed on a few hours notice.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

Boston, April 14.-Seven persons
were killed, 16 were injured more or
less seriously and 81 families totalling
more than 10 individuals were endan-
gered in an early morning fire that
wrecked the Melvin, a five-story brick
apartment house at the corner of
Commonwealth and Long avenues, in
the Allston district today.
The dead:
Mrs. Alice Shackford, wife of c..
L. Shackford.
Mrs. Edith Bemis, wife of H. E.
Bemis.
James Raymond Power, Mrs. Power
and their infant son.
Mrs. F. c. Beharrell, a sister of Mrs
Bemis.
Miss Mary Connors, a maid in the
Power family.
The cause of the fire has not been
determined. 1t originated in the base
ment near the boiler and shot up
through a waste paper chute and an
elevator well, spreading rapidly to all
parts of the building.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
RESPOND TO WISH
Continued from Page One)

the bill mo person shall at the same
time be a director or other officer or
employee of more than one bank,
banking association or trust company
organized and operating under the
United States laws, either of which
mas deposits, capital. surplus and I'M
divided profits aggregating more than
81, zoo, 600
The Interstate Trade Commission
bill also was reported to the House
today from the Interstate Commerce
committee
The Senate subcommittee In addi-
ton to reporting to the full commit
tee completed trust measure, also
will submit for consideration the pro-
posal that an Interstate Trade Com
mission be authorized to investigate
interlocking directorates, holding COM
panies. stock watering and other fea-
lures of business and to make recon-
mendations at the next session of Con-
gress.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

than at any other point of the ID miles
of sandy peninsula.
The Matanza in ballast bound from
Boston to Philadelphia in tow of the
tug John G. Chandler. broke adrift off
the end of the Cape during a northwest
gale on Sunday night.
In seeking to recover the bark the
Chambers tow line became entan-
gled in her propeller and she was
helpless. Both vessels anchored off
Peaked Hill and when day broke they
Were inside the outer bar, with me
surf on the inner bar breaking under
their sterns. The Gresham made a
quick run from Boston to the scene
yesterday and arrived off Peaked Hill
just before high water. Wind and sea
had subsidized somewhat but there was
a laundering surf on the outer bar
as tho cutter began feeling her way
through one of the channels inside
the breakers. The Gresham draws 1212
feet and the lead showed 16 feet inside
the outer bar. The big power lifeboat
from the Wood End station carried
a four-inch running line from the cut
ter to the bark and then across to
tAe tug. The latter put the line over
her forward steam winch and warped
a new 10-inch hawser 200 fathoms
long from the Gresham until both
the bark and the tug were on the
same line. The tide was falling rapidly
when Capt. Windham came full speed
ahead and the Gresham started up
with jump that snapped the hawser
taut and nearly pulled the bits out of
the Matanza and the Chandler. There
was only IA feet of water over the
bar when the three vessels crossed it
and headed around Race Point into
Provincetown.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Fletcher Says Men Were
Bluejackets, Not Marine

Washington, April 14.-New ligt
was thrown on the circumstances at
tending the arrest of the Dolphinf
men by a dispatch to the navy de
partmSnt from Rear Admiral Fletche1
made public late tonight. A statemen
by the department said:
Admiral Fletcher reported to tn
department at P. NJ. Tuesday tina
Admiral Mayo reports from Tampjc
that no intimation was received b
him of the existence of material lay
or of objection to boat taking supplies
Stewards, orderlings, ETC., were goin
ashore when necessary. Only part o
the whale boats crew Of the Delphi
were out of the boat to handle stores
The men of the boats crew were blue
jackets, not marines"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

rious succeeding steps were being
cussed among naval officers today q
those familiar with precedent say the|
was no exact parallel in internatior|
law.
While the consensus of opinion of thd
best informed was that so serious ST
as military Intervention may not bs
quired to force Huerta to yield from 4
position on the question of salute, tt
recognized today's developments cayri
the situation closer to real HOSTILITY
than it ever has been during the thu
years of turmoil in Mexico.
1t was pointde out by some that Il
United States might land marines AZ
sieze Tampico to obtain satisfaction 4
the incident, but this raised the qud
ton whether or not an act of war wo,l
be involved.
1t is not considered likely that IL nj
rines actually We're landed and the And
lean flag taken ashore in satisfaction 4
the affront occasioned by the arrest
the marines, any further measure wor|
be insisted upon. Some officials point
out that the Huerta commander mig
rines, ainasmuch as he is hemmed in
land by the Constitutionalist fore
Should he consent to a peaceful larai
of the marines II Is likely that they so
would be withdrawn.
Actual war or Intervention could r.
be undertaken without authorization
Congress, and even the landing of m
rines has at times raised a question
the Senate.
officials do not believe other foreil
governments will send ships to Mexico
view of the American demonstrate
The affair is regarded as one solelys /
tween the United States and the Huer
government.
President Wilson and members of I
cabinet went about their official duties
usual. The President was calm and {
rene. He took long motor ride I'M Z
afternoon and remained in his study {
night.
Though sincerely he hoped the gravi
of the situation would be removed
satisfactory action on the part of 1T
Huerta government, IL is known that N
Wilson has considered all phases a
possibilities and is prepared to nc
them with firm hand. Communicate
with Charge O'Shaughnessy was prac
cal1y constant during thed ay.
Read Admiral Badger tonight tel
graphed the navy department:
Can sail from Hampton Roads I
morrow forenoon with Arkansas, Va
mont and New Jersey. The New Ham
shire may be delayed a few hours {
coal and provisions. will follow as go
as possible. Louisiana and Michtgi
will be directed to follow and South Ca
DINA ordered to wait fleet at Key West
The following dispatch came from u
transport Hancock at New Orleans:
Receipt of orders to proceed at on
to Tampico with regiment of marin
without advance base outfit acknowled
ed. Ship ready to said since 10 o'cko
Monday night. Brigade commander b
lieves marines and necessary field equi
ment can be re-embarked ready for sa
ing by Wednesday morning"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
for the purchase of this line.

for the purchase of this line.
Officials of the department said to-
night that the New Haven has COM
plete control over both the Rhode Is
land and Connecticut trolley systems.
They said the investment in the Con-
necticut lines was about $40,000,000 and
in the Rhode Island about s24, 600.
The mileage of the two systems was
put at over 1000. The two boards of
trustees may serve five years each, al
though satisfactory disposition of
the properties before that time would
end the trusteeship.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Attorney Gen. Carmody
Hears of the Decision

Albany, N Y, April 4.-When in
formed of the decision in the Thaw
case Attorney General Carmody said.
THE case will be taken at once to
the United States supreme court upon
the ground that Judge Aldrich had
no power whatever to grant a writ of
habeas corpus to Thaw. That the ques-
ton involved is one of executive and
not judicial jurisdiction will be the
contention of New York state on APP
peal and we shall seek to have the
appeal determined as soon as posi-
ble"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Orders Received at the r
Naval Training Station

Newport, r. l., April 14-orders were
received at the naval training station
from Washington tonight to have all the
ordinary seamen and coal passexs ready
for transfer to the cruiser Tacoma whe u
she stops here on her way from Boston
to Tampico. There are ECO such men
available, but it is believed the Tacoma
will be able to take only about half o.
these.
Anticipating further orders, officers OBJ
the station canvassed the number of men
at hand toniaht and found ssaa men tlera
More than 2so9 Of these could h.. d,sl
persed with should orders Tor tae.. de-
parture arrive.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

however realized the New Haven
stockholders may vote not to accept
the plan Of dissolution, and in such
q contingency only a suit under the
Sherman law would be left TO the gov
ernment to effect the changes desired.
With the announcement of these
two boards OF trustees the settlement
of the New Haven problem so far as
the department Is concerned, if the
plan Is accepted, is virtually over.
Only one other trustee board, that for
the Merchants and Miners Transports
ton Co, one of the New Ravens So
called outside steamship lines. There
have been reports from Baltimore that
, local trust company is negotiating
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
$4,000 ART GALLERY FOR
LYME, CONNECTICUT

Lyme, CT. April 14.-Preliminary
loans were announced today for the
erection of a $4,000 art gallery here,
by number of persons prominent in
art circles in the country, whose homes
o. summer residences are in Lyme.
The building win be located in the CEN
ter of the artists colony, near the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Schooner on Campobello Was
John B. Darlington of Bangor
Reported in Good Condition

PASSPORT. Me-, April 4.-The three
masted schooner which misstayed and
brought up on the rocks at Campobello
Island, n. B., yesterday, proved to be the
Bangor schooner John B. Darlington in
stead of the John Paul as first reported.
The schooner was not as seriously in
jured as supposed. An examination show
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

ed that the keel was twisted and the bot
tom somewhat damaged, but the craft
was not leaking badly. The tug Ellen
was standing by and an attempt was to
be made to float her az nigh tide, The
revenue cutter Androscoggin was asked
to render assistance and word was re-
ceived that she was leaving for Portland
at noon for that purpose.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
MAYO REPORTS
REBEL TROOPS
RETREAT FROM
TAMP|CO SIEC|

Washington, April 14.-Rear Admir-
Mayo, through Rear Admiral Fletch
at Vera Cruz, late today reported to Il
navy department:
THE attack of the Constituencies
on Tampico is undoubtedly over and til
refugees who were taken on board battls 4
ships at Tanpico are now being landed
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

The will Of Miss Mary p. Semple, Of
Pittsburg, STIMULATES that the income
from half of her estate, valued at
100000, be used to provide vacations
for women who work for their living
or who are i'll. Other funds she left
80 foster church music.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

home of Miss Florence Griswol1, where
President Wilson and his family for
melly passed their summers.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15

his colleagues about preparation for
any emergency that might arise.
Many senators and representatives
expressed themselves in sympathy
with the action of the administration
in ordering more ships to Tampico.
but declined to be quoted in view Of
the uncertainty as to what might even
tuate.
Creates Only Mild Excitement
The dispatch of the fleet created only
mild excitement in the national capital
generally Newspapers ordered their
representatives to Hampton Roads and
tonight the navy department had
granted permission to 20 reporters and
photographers to accompany the fleet
on its cruise.
1t will be fully week before the
Atlantic fleet is assembled at Tampico,
though the ships are expected to be
steaming away tomorrow.
Gives Huerta One Week
General Ruerta. therefore will have
practically week 10 which to answer
the American demands. The crisis in
the situation is expected to come il
General Huerta declines to yield by the
time the Atlantic fleet arrives. Va
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
NAME TRUSTEES

Continued from Page one)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
DARING WORK

Continued from Page One)
Belen news. (Belen, N.M.) 1912-1947, 1914-12-17
no TRACE FOUND
OF CAPT. COONEY;;
SEARCH PARTY TO
/ TAKE THE TRAIL
Five Weeks Passed Since
Anything was Known of
Old Time Mining Man in
Socorro County.

Socorro, N. M, Dec. IS
So far as known here, no nace
has yet been found Of Captain
Michael Cooney, pioneer mining
man Of this place, who left his
home here on October 18th. on
3prospecting trip, and who has
not been heard of in five weeks.
A search for him is being made
by a party headed by Charles
Cooney, his son. Concerning
Captain Conveys disappear
ance, the Socorro Chieftain says:
"The last seen or heard Of
Mr.. Cooney was five weeks ago,
when he left his wagon at the
Alexander ranch and continued
his journey alone on horseback.
It has been given out by a num-
Der of.the state papers that Capt.
Cooney is lost, SuEo.-. ,-seport is
|dispelled by the fact that he j:
perfectly familiar with the coun-
try over which he is travelling
and the oDly apprehension fell
by Mrs. Cooney and their more
conservative friends is that, ow-
ing to the severe weather in the
mountains, he may be showed
in, or possibly have contracted
pneumonia. Capt. Cooney is {
pioneer mining man, used te
hardships, and it is felt with hi
superb general health, and F.;
thorough knowledge Of the en-
tire western part of the county
he has reached some habitatiol
long ere this"
Belen news. (Belen, N.M.) 1912-1947, 1914-12-17
Gorilla Roperof Portales Has
Close Shave in War.

Albuquerque, N. NJ. Dec. IS.
Dallas Mcdaniel, cowboy,
has written to friends at Por-
tales, N. NJ, his home, from
Liverpool, announcing his es-
cape from Fort Lopez, French
Congo, where he was marooned
when the war broke out. Nc
Daniel went to Africa with a
party organized by ]. c. (Buf-
falo) Jones to capture live spe-
cimens of gorilla for a New
York ZOO. Mcdaniel was taxi
en- along to rope apes. The ex-
pedition was abandoned when
| the war broke out and Nc
Mcdaniel and others OF the
party we're left at Port Lopez
without any funds for sixty days.
| They escaped on one of three
English ships which Mcdaniel
writes were chased by German
cruisers, which sank two of the
ships. There ship, he says,
was set on FIRE by a she'll, but
the fire was controlled.
Belen news. (Belen, N.M.) 1912-1947, 1914-12-17
NAN WHO SHOOTS
FRIEND FOR DEER
CARRIES BODY FOR
DISTANCE OF NILE
Killing in Lincoln County Oc-
CURED Wednesday; M an
Who Fired Shot to Be Pros
ecuted Under Game Law.

The killing Of Wilde Zum-
walt by Harry ]. Little in Lin
coin county, news Of which
reached Santa Fe, Monday, in
a letter from Thomas w. Hen
ley, deputy game warden at
Nogal to State Game Warden
Trinidad C. D. Baca, occurred
last Wednesday, according to
information received here from
Carrizozo.
The bullet from Little's rife
struck Zumwalt in the neck,
killing him instantly. Little car
ried the body Of his hunting
companion to the nearest habita-
ton, a distance Of over a mile,
Game Warden de Baca says
that Little would be prosecuted
both for hunting out Of a season
and hunting without a license
The law provides a fine Of $5(
in each instance, or imprison.
lment in the county Jail for iron
three to six months, or both.
Little declared that he mis-
took Zumwalt for a deer. The
Nogal deputy wrote to SAINT;
Fe.to ask if he should prosecute
the hunter, who had not taker
out a license, and who, by hi
Explanation Of the killing, ad
mitted.that he was. hunting ou
of season.