Pittston Gazette

              jjflATHER, CONnmCNS. ▲ HwSBr— jpixttetott r~-~ 1 ftft& ALL THE HOME NEWS. Tor the People of Plttston and Vicinity. Fair.' tonight and Wednesday, with temperature. , rising: 7TTK HOME I'APEH. 57TH YEAR. J WEEKLY ESTABLISHED 1850. 1 DAILY EST. BI THBO. HART 1882, PITTSTON, PA., TUESDAY, DECEMBER 4,1906. TWO CENTS A COrY. { TTT "PAm?Da TOIITY CKNTS A MONTH. i xrjjM _TiVlxrib Message of The President CONGRESS WORKS SOON KNOW ISSUE TRIAL GOES OVER Two Children Burned to Death. Case of Millionaire Thaw In- Violation of Precedent Jury Hears Last Arguments Marks Opening. In Gillette Trial. definitely Postponed. Terrible Calamity fell the Family ThatBe- A NEGRO RESOLUTION. PLOT BY THE DOCTORS WITNESS IS IN AFRICA Urges Enacting of Law Pro* Jerome Wants Testimony of of Albert Foraker Calls on President For Information. Prisoner's Counsel Claims Physicians Conspired. hibiting Corporations From Absent Woman; Smalley, of James This Morning. Street, Contributing to Campaign Washington, Dec. 4. — Precedents went by the board when the last session of the Fifty-ninth congress met. The president broke one' when be sent in a long list of nominations before the senate had appointed its customary committee to inform him that congress was again in session. Herkimer, JN. Y„ Nov. 4.—Never in the history of Herkimer county had the closing scenes of a murder trial been characterized by such bitter attacks of counsel as developed iu the summing up of the (Jillette case. New York, Dec. 4.—Harry K. Thaw's trial for the murder of Stanford White was indefinitely postponed. It may not be called until late next spring. Funds. The district attorney took advantage of a legal opening made by Clifford W. Hartridge, of counsel for Thaw, before Justice Newberger and in a counter move, entirely unsuspected by Mr. Hartridge, effectually tied up the case until the testimony of a witness for the prosecution living temporarily in South Africa can be taken by the slow process of commission. Returning from a neighbor's, where she had gone to borrow some household utensils, a terrible sight met the gaze of Mi's. Albert Smalley, of James street, this morning. Her two children, a daughter aged about 27 months and a son aged about 15 months, she found a mass of flames. One lay on a couch in the sitting room, and the other was in a high chair in the kitchen. Both children were dead. The mother screamed frantically for help and neighbors rushed in to her. The house was just catching Are and the men of the neighborhood, assisted by the women, fought the llamcB and extinguished them. ing about the stove, unconscious of her danger, when her clothing caught fire. Overcome by terror at her danger she must have run to her little brother, and the flames- from her clothing communicated with his. She then ran into a sofa in the sitting room and fell on it, overcome by the flames. Replete as the trial has been with surprises and sensations, noue was prepared for the sharp exchange of arguments with which it closed before Judge Devendorf gave the case to the jury. Many Other Questions Are Considered. The senators were amazed, for it has been customary since the beginning of the government for the president to wait until duly informed by congress of its readiness to transact business and then to send in his annual message as his first communication. Former Senator A. M. Mills, a close personal and political friend of the prosecutor, made the lnafappeal to the jury to acquit Chester K. Gillette of the murder of ({race Brown, his sweetheart, at Big Moose lake July II. He dramatically declared that the five physicians who had sworn that , there was a blood clot on Grace Brown's brain had sworn to a falsehood; that they had got together and agreed upon a common story for the witness stand and deliberately withheld testimony favorable to his client. Intimating that the physicians were Improperly Influenced, he added: "When the mother entered the kitchen door she saw her son afire In a sitting position In his high chair. Screaming, she rushed frantically Into the next room, to see her daughter lying on the blazing lounge. She rushed to the lounge and dragged the daughter's body away from It, receiving severe burns In doing so. Her agonized screams aroused the neighborhood and several women and men rushed in. The flames that enveloped the bodies were smothered, and the house was then saved from destruction. The sofa, still blazing, was thrown Into the yard. Mrs. John Doran was painfully burned in taking up one of the bodies shortly after the fatality was discovered. Mr. Hartridge presented a petition of Thaw to Justice Newberger asking for the appointment of a commission to take the testimony of Truxtun Beale and Thomas McCnleb In California and stating that these witnesses are of vital importance to his The nominations were as follows: Secretary of the treasury, tieorge B. Oortelyou; attorney general, Charles J. Bonaparte; postmaster general, George von L. Meyer; secretary oi* the navy- Victor II. Metealf; secretary of the interior, James K. (Jartield; secretary of commerce and labor, Oscar S. Straus; associate justice supreme court, William H. Mooily: interstate commerce comililssioner. Judson B. Clements. Injunctions, Railroad Em« ployes, Inheritance Tax, defense. The fatality was discovered about 11:30. Mr. and Mrs. Smalley occupy a two-story frame dwelling at the upper end of James street. Mr. Smalley is an employe of the Plttston Ice Co. and was at work, as usual, this morning. Mrs. Smalley was preparing dinner and the kitchen Are had the draughts on, as she was about to'bake some pastry. The two children, Florence and Ralph, were in the house, the former playing about and the latter In a high chair in the kitchen. Both Sides Agree to Delay. Corporations, Cuban Affairs. Currency, Mr. Jerome, In reply to the argument, said he would not oppose the application If Thaw's counsel would consent to the appointment of a general commission to take testimony for the prosecution of witnesses living out of New York state as well as for the defense. Mr. Hartridge said he desired a commission to tulte testimony. The Interrogations and cross questions are to be prenared here by Thaw's counfpl aud the district attorney.On receipt of the nominations the senate went into executive session. The senate acted in direct variance with its established custom when it fell to discussing resolutions bearing on the president's discharge of three companies of colored regufars from the United States army before any word had been received from the president or the usual exchange of courtesies effected. Senate Violates Precedent, Graft Charge Brought. "If there is an investigation of graft some of these five doctors may figure in it. They were paid large fees to give evidence which it was thought was so prepared that it would convict this boy. 1 charge here und now—and 1 know personally each of the physicians—that they did not bring in all the facts; they did not report something favorable to this boy. Each of these doctors knew that a fraud was being lDerpetrated. You can't pick out five reputable physicians in the county who would do such a thing as these doctors did" The mother was taken to a neighbor's house in a st.ite of.collapse and Mr. Smalliy was sent for. The little bodies were badly burned, but it is thought that bdth children died fiom Inhaling the flames, as the mother had been gone from the house only a short time. Washington, Dec. 4.—President Roosevelt's message to Congress was read in both houses shortly after they convened at noon today. The President again urges the enactment of a law prohibiting corporations from contributing to campaign funds. He also urges ttie passage of the measure conferring upon the government the right of appeal in criminal cases on questions of law. Continu- seives as to the colored race to treat well the colored-man who shows by his life that be deserves such treatment. There is no question of social equality or negro domination involved. Mrs. Smalley found that she did not have pie tins suitable for what she was about to bake, so she started for the house of Mrs. Patrick Sullivan, next door, to borrow some. She whs gone only a short time, but when she returned it was to find both children afire. . i In my judgment, the crime of rape should always be punished with death, as la the case with murder. Assault with intent to commit rape should be made a capital crime, at least in the discretion of the court, and provision should be made by which the punishment may follow immediately upon the heels of the offense. "I could not," said Mr. Jerome, "ask to take the D evidence of any person living out of this state if Thaw had not In his petition asklnjt for the examination of these witnesses waived his constitutional right to be  ed by his accusers in court. I desire two witnesses, one in Pittsburg and one in South Africa." When the president's list of nominations was handed Into the senate Senator CullOffi arose and moved that 1he senate go into executive session immediately to consider the nominations. Mr. and Smalley have been married over three years. Mrs. Smalley was Miss Fannie Schooley. of Wyoming. before hc'i* marriage. Mr. Smalley had been a lifelong resident of West Pittston. They resided on James street the past year. There seems only one way In which the starting of the accident can be explained. The little boy in the high chair was too far away from the Are for his clothing to have caught from it. The little girl must have been play- ing, the President says I cannot too strongly urge tne passage of the bill in question. A failure to pass it w',;i result in seriously hampering the government in its effort to obtain justice, especially against wealthy individuals or corporations who do wrong, and may also prevent the government from obtaining justice for wage workers who are not themselrea able effectively to contest a case where the judgment of an inferior court has been against them. 1 have specifically in view a recent decision by a district judge leaving railway employees without remedy for violation of a certain so called labor statute. The importance of enacting into law the particular bill in question is further increased by the fact that the government has now definitely begun a policy of resorting to the criminal law in those trust and interstate commerce cases where such a course offers a reasonable chance of success. Hundreds of spectators in the senate galleries were disappointed, for that meant the galleries must be cleared, and there was a perceptible expression of disgust. In his masterly summing up, lasting seven hours, former Senator Mills gave a new aspect of hope to the case of Gillette. Sd incisive was his argument that there is now doubt as to the jury's verdict. Where all had looked black for Gillette a chance ofucqulttal or at least a disagreement Is conceded. No more shortsighted policy can be imagined than in the fancied interest of one class to prevent the education of another class. The white man, if he is wise, will decline to allow the negroes in a mass to grow to manhood and womanhood without education.Mr. Hartridge was surprised by the move of the district attorney, an unusual one for a prosecuting official to make, but said. "I have no objection if the names of the witnesses are given to me." MINE FIRE DISCOVERED. Baby Carriage Mystery Solvad. New York, Dec. 4.—What promised to be the great baby carriage murder mystery was solved by Coroner's Physician O II nIon, who declared after an autopsy on the body of thCs infant found In a gocaft thnt deatii was due to bronchial pneumonia And Insufficient nourishment, not strangulation. It is beUevwl that the parents of the cl;!Ul were too poor to bury It. No confirmations were ordered, and the unusual procedure on the part of the senate in line with that of the president *in sending in nomination? before the senate committee had time to gel to the White House was witnessed of allowing the president's nomination for members of his cabinet to lie over without action. Sarious Blaze in Pittston Tlie district attorney's witnesses are Mrs. C. F. ilolmnn and Herbert Nesbit. the mother and brother of Evelyn Nesbit Tlraw, of Pittsburg. and Ada Vera Simonson, who is studying the language of monkeys in a jungle in South Africa. Witness Studying Monkey Talk, "Preaclicrs of Mere Discontent." As Senator Mills concluded District Attorney Ward jumped to his feet and, interrupting the judge, who had decided upon an adjournment, launched into a scathing denunciation of Senator Mills aud the methods he had taken to sway the jury over to the defense. As he spoke the outstretched and trembling hand of the prosecutor shook in the face of the counsel for the defense. Vein of No. 7. In dealing with both labor and capital, with the questions affecting both corporations and trades unions, there is one matter more important to remember than aught else, and that Is the Infinite harm done by preachers of rjere discontent. These are the men who seek to excite a violent class hatred against all men of wealth. They seek to turn wise and proper movements for the better control of corporations and for doing away with the abuses connected with Wealth into a campaign of hysterical excitement and falsehood in which the aim is to Inflame to madness the brutal passions of mankind. The sinister demagogues and foolish visionaries who are always eager to undertake such a campaign of destruction sometimes seek to associate themselves with those working for a genuine reform in governmental and social methods and sometimes masquerade as such reformers. In reality Pennsylvania Officials Are Busily at Want Information About Negroes, \V CDrk Fighting the Finnic and IWillicrs Hungry In Russia. Senators Penrose and Foraker caused a ripple of interest in the seuate by vicing with each other to be the first to introduce a resolution calling 011 the president for information concerning Ills executive order discharging from the army the colored regulars. Miss Siinonson, it Is said, met Thaw. Evelyn Nesbit and Mrs. Holman when they were living in Paris in 190-1. Tt is.asserted that If.' her the district attorney expects to show that Thaw brutally beat Evelyn Nesbit when they were in Paris. It Ik Announced This After- i*t. Petersburg. Dee. 4.—Princes O. B I.vofT nnrt Orbeiinni. who linw jus* returned from the famine stricken dis trlcts. s;iy that the crops in seven provinces were practically total fail ures. In twenty-one provinces the harvests wern very poor. About 20. 000,000 people will need assistance foi from four to ten months to stave ofl Starvation until the new crops are available. noon that the Fire is Un- der Control TOWNSHIP SENSATION. For the past 30 hours the Pennsylvania Coal Co. has had gangs of men constantly at work fighting a fire that was found yesterday morning at 9 o'clock in Pittston vein, of No. 7 colliery. This afternoon it was unofficially announced that the fire is undfer control and will be entirely out within a few days. For a time great loss was threatened and it was feared that the fire would get beyond control, but the unceasing efforts of fire fighters finally resulted in its being mastered today. Proper I'se of Injunction*, Penrose was first to the wire, bul Foraker's resolution was much more pointed and fur reaching. After a col loquy they both were laid over. Mr. Hnrtridge was bound by his application so that he had to accept the district attorney's terms. Justice Newberger said he would pass on the application finally when Interrogations and cross questions were submitted to him. It will be weeks before the questions are agreed upon. ! In my last message I suggested the enactment of a law in connection with the issuance of injunctions, attestion having been sharply drawn to the matter by the demand that the right of applying injunctions in labor cases should bo wholly abolished. It is at least doubtful whether a law abolishing altogether the use of injunctions In such cases would stand the test of the courts, in which case, of course, the legislation would be ineffective. Moreover, I believe it would be wrong altogether to prohibit the use of injunctions. It is criminal to permit sympathy for criminals to weaken our hands in upholding the law, and if men seek to destroy life or property by mob violence there should be no Impairment of the power of the fourts to deal with them in the most summary and effective way possible. But so far as possible the abuse of the power should be provided against by some such law as I advocated last year. Hanover Directors Surchar- Only one new senator. Colonel I)n- Pont (Del.), presented himself to take the oath of office. Jefferson Davis (Ark.) did not arrive in time. ged With $14,568. Sultan Honors American Women, Constantinople, Dec. 4.—The sultan lias bestowed the Chefakat order upon Mrs. and Miss Jackson, wife and daughter of the American minister to Greece. Montenegro and Servia. Senator Allison (la.), who has been in ill health, was missed, as also was Senator La Toilette. Senators Plati and Depew (N. Y.) were present. Auditors, In TlicLr Report, Refuse to Allow Large KxpeiulHiires. on the BLOWN UP IN TUNNEL. Ground that they Were Made Three Men Killed In Excavation Under The fire was discovered at nine o'clock yesterday morning. It was about 4,000 feet from the foot of the shaft and was raging in a rich deposit of coal. The Pittston vein is known also as the 14 foot vein and is the second below the surface. There are two veins being worked deeper than the Pittston vein in No. 7, besides the one above it. No flowers graced the members desks in either house, owing to the new regulations barring them out ol both chambers except at funerals. Illegally and Without East River. Pullman Company Fined. (Continued on Page Two.) Duo Regard for tlic New York, Dec. 4.—The coal from a burned match end caused the detonation of forty pounds of stick dynamite in the rocky cavern of the heading of tube B of the Pennsylvania tunnel at Long Island City. Pittsburg, Dec. 4.—At a hearing at Beaver, Pa., before Judge Holt no defense was offered by the Pullman Car company in the case brought against it by the state pure food commission charging the company with supplying its patrons with adulterated milk. The terests of tlic In the house the new members elect ed to fill vacancies caused by deaths and resignations were sworn in. .District. MINERS MUST STAY IN JAIL A sensation was created in Wilkesbarre this nlorning, when the report of the auditors of Hunover township was filed in the office of the. clerk of the courts. The auditors are John JB\ Higgins, W. M. Alexander, and W. B. Yeager, and they surcharge the treasurer and directors of the Hanover township school district with expenditures amounting in the aggregate to $14,568.45, which amount, they allege, was illegally expended by the board. The directors thus surcharged are Harry Connor. J. J. Devaney, T. A. Glynn. W. T. Lavin and Daniel Finnegan, the treasurer being Thomas F. Caffrey. Supreme Court Decides Against Moyer, The deaths of Representatives Ketch am (X. Y.D, Adams (Wis.), Hoar (Mass.) and Ilitt (III.) were announced, and then, as a mark of respect, the house adjourned. The heading is seventy feet from tile last rivet of the steel shield. It is 270 feet from the land shaft. It is sixty feet below the silt of the East river bottom. It is believed that a miner ignited company was fined $75 and costs. Haywood and Pettibone, the coal accidentally, probably by lighting a small gas feeder and not noticing it. Fortunately the fire was discovered within a short time of its Ignition, for otherwise it would have resulted in a loss of many thousands of dollars. As soon as Word of the Are was brought to the surface Superintendent Henry McMillan took charge of the vein and organized shifts of fire fighters. Gangs of 30 men are sent in at a time and they are frequently relieved. The other collieries were called on for assistance and several prominent mine officials are assisting Mr. McMillan in fire Washington, Dec. 4.—The supreme court of the United States decided the habeas corpus cases of Moyer, Haywood and Pettibone, the representatives of the Western Federation of Miners who are held in prison in Idaho on the charge of complicity in the murder of former Governor Steunenberg. adversely to the men. The effect of the decision will be to continue to hold the men in confinement for trial iu Rich Bachelor Shoots Himself. Pittsburg. Dec. 4.—Linford L. Dilworth, bachelor member of one of the oldest and wealthiest Pittsburg families, committed suicide by shooting himself through the head. Between 400 and 500 private bills were introduced, and about fifty-five public bills were dropped in the hop per. In the dark damp of the submarine chamber, lighted only by the flame of one candle, with air at a pressure of twenty pounds to the inch crowding them aud making the blood beat In their temples, were sixteen men, rock drillers, blasters and laborers. Agralnst Lynching:. I call your attention and the attention of the nation to the prevalence of crime among us and, above all, to the epidemic of lynching and mob violence that springs up now in one" part of our country, now in another. Each section, north, south, east or west, has its own faults. No section can with wisdom spend its time jeering at the faults of another section. It should be busy tx-ying to amend its own shortcomings. To deal with the crime of corruption it is necessary to have an awakened public conscience and to supplement this by whatever legislation will add speed and certainty In the execution of the law. When we deal with lynching even more la necessary. A great many white men are lynched, but the crime is peculiarly frequent in respect to black men. The greatest existing cause of lynching is the perpetration, especially by black men, of the hideous crime of rape, the most abominable In all the category of crimes, even worse than murder. Phonographs for Xmas gifts. Garrison's. "LAZIEST MAN" SOLD. Idaho. Kentucky Vagrant's Services For Nino Months Bring $10. One mnn escaped uninjured. Three men were killed, their bodies crushed out of shape and recognition. Fourteen were seriously injured, and one t»f them at least will die. Announcing his conclusion that the United States circuit court had jurisdiction in the habeas corpus proceedings. Justice Harlan said: Elizabethtown, Ky„ Dec. 4. — Dick Aubury, the "laziest man iu the south," who was convicted of vagraticy and who was ordered sold into servitude for nine months, according to the law of the state, was disposed of at public auction to J. Johnson, a farmer, for the sum of $10. The principal item surcharged is the debt and interest paid to the Luzerne County Trust Co.. amounting to $10,049.57, which is surcharged for the reason that the loan was made by the school board without first filing with the clerk of the courts a sworn statement of the indebtedness of the district, as required by law. The shaft is being worked today, but the operation of getting out coal is being confined to the three veins other than the Pittston vein. The work of fighting the fire will be carried on without cessation tonight, as It was last night, and the burning section will be constantly watched until all signs of fire shall have disappeared,fighting "Looking first at what was alleged to have occurred in Colorado touching the arrest of the petitioner and his deportation from that state, we do not perceive that anything done there, however hastily or inconsiderately done, can be adjudged to be in violation of the constitution or laws of the United States." Manila, Deo. 4. — An Investigation made at Billbld, where the ten prison ers who had been inoculated from the cholera serum recently died, has disclosed traces of plague germs in the dead bodies. It is asserted that tubes containing plague germs and others filled with cholera serym, which are so much alike that it Is almost impossible to distinguish them apart, were mixed in the laboratory by a visitor who examined the plague germs and by mistake placed them in a rack with the serum tubes. Got Plague Germs For Serum. Attorney's fees amounting to $3,050 are surcharged for the reason Jhat no bills were presented to the auditors showing the kind and character of the services rendered for which the fees were paid, and for the further reason that testimony shows that the legal services were rendered to the directors as individuals, not to the school district. Aubury's reputation for general shiftlessness was such that even the most strenuous efforts of the sheriff were not sufficient to bring out many bids. for mmn IEI While the price was cheap for the labor of an ablebodied man, many express doubt whether Johnson'will come out even, as Aubury in addition to his laziness Is said to possess a ravenous appetite. Fish May Succeed Spencer. Pcpo Postpones Consistory. New Orleans. Dee. 4.—A representative of a New York bunking house said there Is an mtinintion that Stuyvesaut Fish, deposed president of the Illinois Central, will be tendered the presidency of the Southern railway, succeeding the late Samuel Spencer. Rome. Dec. 4.—The Osservatore Romano says that insomuch as the consistory scheduled for Dec. 0 is to be postponed on account of the illness of Mgr. Joseph Samassa, archbishop of Rigonla, Hungary, the pope will confer the red hat upon the archbishop privately. The third item surcharged is one of {293.46, for typewriting, on the ground stated above, that the services 'Vere rendered to the director as individuals. I Lawlessness grows by what It feeds upon, and when mobs begin to lynch for rape they speedily extend the sphere of their operations and lynch for many other kinds of crimes, so that two-thirds of the lynchings are not for rape at all, while a considerable proportion of the individuals lynched are innocent of all crime. Aubury is a lank backwoodsman. He has never been known to follow any vocation long enough to become identilled with it. A short time ago he married a young womap in the Stepliensburg neighborhood, going to live with his father-in-law. His wife's family had the proceedings instituted. It is said. 1 The famous W, L. Douglas Shoes. There is no better shoe In the market for wear and comfort and styles. We have them In 52 styles in all leathers No Damages For Mail Clerk. Fourth. The difference between the market value of four lots of land sold by the school board and the price for which they were paid, $1,000, on the ground that the board made no effort to secure, the highest price obtainable and tho price received was grossly inadequate. .Washington, Dec. 4.—The case-of Reuben L. Martin, a railway mall clerk, for damages on account of Injury in an accident on tho Pittsburg and Lake Erie railroad was decided by the supreme court of the United States adversely to Martin. The case involved the validity of the Pennsylvania law placing mail clerks on the same footing as railroad employees, and the law was sustained. Cruieer's Silver Not Stolen. Philadelphia, Dee. 4.—Commandant Craig of the navy yard says the silver service of the erulser Minneapolis has not been stolen. The report originated from the fact that thieves stole paint nnd rope from the vessel. Philadelphia, Dec. 4.— The equity suit of the city of Philadelphia, involving $"..000,000, against the con tract lug firm of D. J. McNlchol of this city and dthers, iii connection with the construction of the municipal filtration plant, was called for trial before Judge Beitler In common pleas court. Th( city charges that the money It seeks to recover was obtained by the con tractors by fraud and collusion. Quaker City Sues For Millions. $3, $3.S0 and $4 We guarantee every pair. There Is but one safe rule in dealing with black men as with white men. It is the same rule that taust be applied in dealing with rich men and poor men—that is, to treat each man, whatever his coir)-.', his creed or his social position, with even handed justice on his real worth as a man. White people owe it quite as much to Ihem- Democrats Carry PortlandD Me. Portland, Me., Dec. 4.—The Democrats gained control of the Portland city government for the Brat time since 1892. They re-elected Mayor Nathan Clifford for a second terra. Seven of the nine Aldermen and sixteen of the twenty-seven councilmen are Dem- Fifth. The difference between the salary paid Harry Connor as secretary, and the amount which the auditors deem reasonable,- $300. B08TII SHOE STORE, St Abyssinia's Ruler Not III. Abls-Abeba, Abyssinia, Dec. 4.—Reports of the illness of King Menelik, which are attracting considerable attention in Europe owing to the ptwsibillty of complications In the .succession, are unfounded. Sixth. Amount pajd for tinning and plumbing, $434.42, for the reason that the contract for said work was awarded to Harry Connor, a director, in Violation of law. Home made pork sausage at Hallock's.ocrats, Eat Bohan'e bread and cakes, Fresh meats at Sharp's market.