St. Louis Post-Dispatch
January 6, 1908

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» the . narber Asphalt Co. $34, 401. 9) a year | maintaining 20, 887 squares * streets.

PAGES TODAY “FIRST IN EVERYTHING."

. ae $s Pc ae - , Sata. = Stead ait eT Baa ay ‘ pe Nee -_ oe + £ » , 4 fn ~ ie « . "3 ne thse ie ‘ fi . Fe " ' ~ Se 4 ; ‘ = Ce SAE RS eT 7 Ps 3 fas ae Sa AE es ee eee Ls ee ee ee bs —* ee eS. re " BRS ONE ae ea ; — pits tas” as ea 3 4 2 re ay ow ‘ .; a“. ae z 7 a Te on . 7. Heman and Barber Companies Get

$344,019 For Maintaining Streets for Ten Years.

REDUCTION OF GUARANTEE GONE INTO CAREFULLY

"City Would Have to Pay $175,000 if Terms Had Expired on All Asphalt Thoroughfares— Figures Show How Taxpayers Are Made to Suffer.

When the grand jury reconvened at the Four Cofirts at 11 a. m. Monday it began an investigation of street-paving matters as conducted by the Board of Public Improvements. The grand jury is especially anxious to know why the main- tenance guarantee period on streets has been reduced from seven years to five. This will be one of the first branches of the street- paving investigation to be taken up by the grand jury. the Board of Public that the city pays (Co. and the for of asphalt The records of Improvements show Heman Construction Small Part Under Contract. Less than one-fifth of the asphalt _ streets in St. Louis are now being main- _}tained by the city under contract, as the Vet asphalt streets. 7” 10-year contract for maintaining the 4 streets. (tract for maintaining 9912.8 squares of _ asphalt streets at $1.50 a square : year. The full amount of this contract ! each year. the contractors ' figures show very clearly what it costs i five, seven and ten year maintenance guarantees have not expired on all of them. The Heman Construction Co. is etting ‘annually $1.75 a square of 100 are feet for maintaining 11,955 squares The company has calls for $209,787.50, This con- Its contract payable in 10 installments. tract was let June 20, 19065. The Barber Asphait Co. has the con- per is $134,232, one-tenth of it being paid This contract was let Nov. 16, 1901, and runs for 10 years. These maintenance contracts were let after the regular maintenance period of had expired. These the city to maintain asphalt streets. Brick Streets Repaired. The Street Department hag no fig- ures to show what it costs to main- tain streets of other construction than ' asphalt. The maintenance guarantee on -bitulithic streets has not expired, and : most of the brick streets are still kept in repair by the contractors. It woyld cost the city on the basis of present contracts about 4.75,000 to maintain the asphalt streets if the maintenance guarantee had expired on them all. As the Board of Public Im- _ provements has reduced the period of ' maintenance, first from ten to seven” | years and then from seven to five years, without any corresponding reduction in . the first cost of the streets, these fig- ures will give an accurate idea of how the taxpayers have been made to suf- : fer by the reduction of the maintenance _ Streets In St. elty — guarantees. A little more than one-fifth of the Louis are constructed of eephalt. The origina! maintenance guar- ontees are expiring every year, and the then has to pay for maintaining the streets out of the general revenue. Cost Greatly Increased. By cutting off from two to five years en the maintenance guarantees on brick, bitulithic and asphalt streets, the Board of Public Improvements has increased greatly the cost of street maintenance. The exact figures are not obtainable from City Hall recores, but the expense - will begin to be felt as soon as the five- | Year maintenance. which was authorized tet aie ee ae hin ae

Lynch in 1906, runs out. The Heman Construction Co, is main- taining, under special 10-year contract, the following asphult streets: Wash street, from Fourteenth street to Twen- ty-third street; Morgan street, from Fourteenth street to Jefferson avenue; Carr street, from Broadway to Eighth street; Sixth street, from Carr street to O’Palion street; Jefferson avenue, from Adame atreet to Market street; McPher- aon avenue, from Vandeventer avenue to Taylor avenue; Grand avenue, from BMaston avenue to St. Louls avenue; Olive street, from Grand avenue to Tay- lor avenue; Westminster place, from Walton avenue to Euclid avenue; Elev- @nth street, from Pestalozzi street to street; Theresa avenue, from Olive street to Morgan street: Chestnut @treet, from Twentieth street to Jeffer- son avenue; Huclid avenue, from Lin- del? avenue to Delmar avenue: Garrison , avenue, from Locust street to Franklin avenue, and Washington avenue, from Channing avenue to Grand avenue. Paid $20.97 a Year. It is for keeping these streeta tn re- peir that the company is paid $2,978.75 | Saget Sore Tide Barber Asphait Co. 's maintain-

SOCIETY W TELLS OF LOV FOR FAMILY MAN lowa Woman Says She Was Captured by Voice of Rich Legislator.

Special to the Post-Dispatch. DES MOINES, Io., Jan. fell in love wit.. 6.—How she the voice of a man and told Hough, wife of from her husband, Mrs. A. W. contractor by a prominfnt today and leader in while discussing the di- Cottrell, free the owner of the voice so that he and Mrs. Mrs. the Legislature, club circles, vorce of Mrs. John C. who wil! Hough may marry. told how she had heard voice of Mr. Cottrell and, while he was still a that Hough in the lowa stranger to her, found she loved him. Told Tusband All. She told her husband all, she said, and admitted beginning the acquaint- ance, which has broken up two homes, by letters. Cottrell, it was testified, ac- cepted the love overtures and turned from his wife of 27 vears. It is charged that Mrs. Hough and Cottrell found their love so overwhelming that they planned meetings in Chicago and Kan- sas City. Cottrell, who is the father of growa- up children, was one of the wealthiest men in the Legislature, being worth $500,000. He holas a prominent position socially as well as politically, and is Mayor of Kingsley. Mrs. Hough said that she became in- fatuated with Cottrell when he was on the floor of the Iowa Legislature last winter. “T realized at once that I loved this nan,” said Mrs. Hough, “although ! had never seen him before and although s Was the wife ef another man. “When the Legislature adjourned Mr. Cottrell went back to his home in Kings- ley. I wrote to him a few times; then [ went to my husband with a photo- rraph of Mr. Cottrelt. I told him I had something very serious to discuss with him, and I made a full confession of my love. Husband Goes Away. “I began ai the beginning and told him all—told him TI could not live without this man and asked film for a divorce. He was deeply moved and finally con- sented. Hie bade mea good-by and went to Wyoming to live.”’ Hough, it ts said, will lead a life so secluded as to be that of a hermit. Mra. Cottrell charges that her husband admitted the state ot affairs when she found a love letter from Mrs. Hough to him. She and Cottrell were married in 1881, aaa Williamson | Kacapes Jail. WASHINGTON, Jan. 6.—~—Former Rep- resentative John Newton Williamson of Oregon wil! not have to serve his sen- tence of I months in prison for land fraud conspiracy, the judgment of the lower court being reversed today by the Supreme Court of the United States. er The legitimate PAID « circulation of the Post-Dispatch tn St. Louls and ite suburbe is greater than that of

aa ‘BINED.

LLUW SERVANT LAW VOID, SAYS UPREME COURT bos

Common Carriers Not Liable Accidents, Justice White Decides. TO ROOSEVELT tor

BLOW

Justice Moody Dissents and Opinion Is Reached With Ditficulty. WASHINGTON, by Justice White, the United States constitutional the mept of_June lI, Jan. the Supreme Court of today held to be un- Congregsional enact- 1906, Known as the employers’ lHabllity law, making rail- roads and other common carriers re- sponsible (to employes in accidents due to the negligence of fellow-servants or to ineffective appliances. The decisions of the lower courts were affirmed. Three Cases Cousidered. There were two cases before the court involving the validity of the law. one of the widow of Will Howard, a locomotive fireman, who was killed in an accident on the Illinois Central road near Mem- phis, and the other that of the mother of Morris S. Brooks, a fireman who was killed on the Southern Pacific road in Nevada. The Howard case was tried in the United States Circuit Court for the Western District of Tennessee, with Judge McCall presiding, and the Brooks case in the United States Circuit Court for the Western District of Kentucky, with Judge Walter Evans on the bench. In the former case damages amount- ing to $25,000 were demanded, while jin the latter the sum was fixed at $20,000 The railroads fought both cases stren- uously, both in the trial caurts and the Supreme Court, and in each case ob- tained a verdict against the complain- ants on the ground of the unconstitu- tionality of the law. President Roosevelt Proposed the Ast. Judge Evans and Judge McCall both held the law to be invalid on the double ground that a congressional enactment could not’be made applicable to inier- state commerce, as they sald was under- taken in this law and that protection from accidents in interstate commefce could not be construed as any part of “commerce” of any kind. Both the Kentucky and Tennessee de- cisions were affirmed by Justice White's opinion on the ground that the law. is not confined to the regulation of the business of interstate carriers, but un- dertakes to regulate their dealings with their employes. Decision Hard to Reach While Justice White was chosed to announce the Court's decision there were comparatively few of his colleagues who agreed with him as to the argument by which he reached his conclusion, and the result was reached with difficulty. The Chief Justice, Mr. Fuller,; Justice Brewer and Justice Peckham, joined with Justice White in the result arrived at, but they did net follow him in his assertion of the power of Congress to regulate between master and servant. Justice Day concurred in the decision. Justice Moody dissented entirely, hold- ing that the law is constitutional on all points. He expressed the opinion that Congress had the general power to pass the act and the Court’s position was an interference with the domain of the leg- islative branch of the Government. PHYSICIAN HEARS MAN OIE Doctor 6.—In an opinion

Chicagoan Succumbs -as Examines His Heart. Special to the Post-Dispatcn. CHICAGO, Jan. 6.—While a physician counted his irregular heart beats, Lewis Cass Robinson, for 15 years a proofread- er on a morning newspaper, died yester- day. experiencing pains about his chest, Robinson at noon visited Dr. Frank J. Stewart, who listened to the heart pulsations through a stethoscope. Robinson was in the midst/of a sen- fence answering a question of the physician when he died. He was 43 years old and the owner of the first BHUWNSON SAID PRESIDENT S ACT WAS NUT LEGAL ee a Roosevelt Finally Publishes Letter Which Explains Admiral’s Resignation. “DANGEROUS TO NAVY” TC tt ttt. ta Bureau Chief Declared Sur- geon as Ship Commander a Menace to Discipline. er ee ee WASHINGTON, Jan. 6.—-The today made public the of Admiral Brownson. who resigned as Chief of the Navigation Bureau of the Navy Department, with the explanation that it “‘was inadvertently omitted” the correspondence made public morning. The letter follows: -Departime ent of the Navy, , “Bureau of Wa vidrathon. / “Washington, Dec. 27, 1907. April last | was detached by President following letter from this “Sir—In

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your order from the command of the United States Asiatic fleet and ordered to Washington and appointed chief of the most important bureau in the Navy Department, the bureau which, under the Secretary, is charged with matters relating to the personnel, the discipline and the efficiency of the fleet. “This transfer from a command which ranks second in importance afloat to one which is second to none on shore, com- ing on the eve of my retirement from ac- tive service, while not to my personal liking, was deeply egratifving to me, as it appeared to be an evidence of your confidence in my profession] ability. Demanded Confidence, ‘In order, however, than any efforts of mine to maintain a high standard of efficie and discipline in the service be attended with success, it is absolute ly necessary that I should have the fidence of the service-at-large as that of higher authority. The efficiency of the fieet can only be maintained when the officers and men fee] that the Chief of the Bureau of Navigation has the con- fidence of the Commander-in-Chief of Army and Navy and when a strong military spirit exists in the service. Anything that shows a lack confi- dence or that tends to break down this con- , ? cLne of guard and principal asset of the navy since its beginning can but impair such efficiency “The recent order placing a medical officer in command of a hospital ship 15,

newspaper of Joplin, Mo. in my opinion, and as I have endeavored

— Globe-Democrat Republic ...... Sunday~ cAdvertising (Leas Cheap Legal) Yesterday (Sunday) January 5. Post-Dispatch, 190 Cols. tin die od 66 ee es 109 6

Over Globe-Den

Sunday Post-Dispatch Excess Over Republic... 10crat . Advertising That Grows Advertising That Pays Grows. s. “First in Everything.” ett tt i a hi ti ee 81 Cols. 15 Pays all 6é Oa eae eee a ll il ill

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military spirit which has been the safe- |},

on several occasions to point out to you, clearly opposed to the intent of the law; is a radical departure from estab- lished naval usage and is fraught with the danger to the efficiency of the fleet; will tend, I believe, to break down -the military spirit of the service and shows a Want of your confidence in my advice regarding a matter so vital to the best interests of the service. “Il am left, therefore, with no alterna- tive but to tender my resignation as Chief of the Bureau of Navigation, much as I regret to sever my active connec- tion with the service to which I have been devoted and to which I have my efforts for over 46 years. “Very respectfully, “WILLARD H. BROWNSON, “Chief of Bureau.’ Criticizes Brownson, The President last night made publie a letter to the Secretary of the Navy in Which he that the resignation of Admiral Brownson ‘‘unseem- ly,.dmproper and childish,’ and was the result of ‘“‘personal pique, wounded van- ity and disloyalty to the interests of the service.”’ ife admits there is room a difference of opinion on the sub- ject in dispute; but he adds, in effect, that the Admiral nrade a huge mistake by holding this different opinion, since the first duty of a naval officer is to obey the orders of his superiors. He thinks Admiral Brownson showed his disloyalty the choosing to resign rather than out these orders. Then the President asks a report from the Secretary of Navy, particularly from Admiral Converse, who was until last April head of the Bureau of Naviga- tion, and for whom the President ex- presses a high regard. The report of Admiral Converse will not only be a de- fenge of the present naval construction, but will name all of the officers who deserve “a severe rebuke,’’ unless the President decides that this information be put in a separate report. There was a report in Washington last night that Admiral Brownson had asked for a court of inquiry to go Into his resignation. Secretary Metcalf said that no such request had been made. Admiral Brownson has gone to South Carolina for a shooting trip. given best Roosevelt said was for to navy by to carry

Williams Woald Reduce Army. WASHINGTON. Jan. 6—A bill reduc- ing the regular army after the first day of December, 1908, to 331.000 men, 15,00 of whom shall conatitute an artillery force for coast defense, was introduced today by Representative Williams. The stand- ing army, as now composed, embraces 4,000 odd officers and men. Mr. Wil- llaoms also offered a bil repealing all laws by which National Bank examiners are compensated by fees and placing them on salary of 99000 ~ year, STANFORD WHI1E’S SLAYER. AND WIFE WH®@ HOPES 10 SAVE HIM

~—s HArryY THAW LL TEACHER WITH KNIFE AAD SHOTS FOR LOVE Discarded Suitor First Fires -Four Bullets Into Young Woman at Close Range.

the Post-Dispatch. Mo., Jan. Craig, a Special to SENECA, Lena 6.—Last night beautiful four times by Miss young school teacher, was shot rejected suitor, and tragedy took place Ezra Hepkins, a who lives four where the Hopkins, a died today. The near the home of brother of the murderer, miles northwest of Seneca, young woman was boarding. Hopkins called fer Miss Craig to take her to church, and yards from the John John in a buggy “when about sevents house he shot her in the left arm twice, the side just below the heart, and between the left eye and the nose. had not killed her, he at- her throat with a pen- owered and, turning the knife upon himself, tried to cut his own thoat, but the wound is slight He escaped but was later found by the po- home of another brother and had to be knocked down with a Win- chester before he gave up. Seneca Excited. the community wrought ‘-five in Once Thinking he tempted to cut knife, but Was over lice at the where the up Seneca and crime was committed Is over the Miss Craig’ was the and Mrs. Tom Craig, cine, six miles east of Seneea. 19 years old. Hopkins was about 3% years old, a widower with three children. Miss Craig had known Hopkins but a short time had rejected his atten- tions on Several occasions. REVISIONISTS HAVEN'T — A THING TO SAY ABOUT WEATHER THESE DAYS THE TEMPERATU RES. ate 2 case. daughter of Mr. Ra- was at she who live and | SURRCTR SE HAVE To TAKE. | JHE WEATHER MANS | WORD — : BUT IT DONT LOoK LiKE. f RAIN Toor S t andpatters”’ control the polley tn the next 24 hours will have nothing to do but to sit around and twirl their thumbea. Nothing will happen to dis- turb the entente cordiale between ‘the good of St. Leuis and the offictal fore- caster. Here is his prediction: “Fair Monday and Tuesday; no decided change in temperature: southwest winds, shifting to north- west; minimum termerature will be about MM dexrees.”’ temperature will be about M degrees.” There has been rain on the Gulf Coast and on the Nort- Pactfic Slope, and it is snowing away uy in the Rocky Mouwn- tains where nobody cares. It Is gener- will weather Revisioniats

ally warmer in th. Nertherm States, people :

THAW PLEADS HE WAS INSANE; ONE JUROR IS CHOSEN

Within Two |Night Sessions Expected to End Case Weeks After Jury Is Selected.

EVELYN IN “SCHOOLGIRL” DRESS SHE WORE BEFORE

Broker the First Talesman to Qualify and Is Sworn as Juror No. 1—Prisoner Smiles as Hé Meets Wife’s Eyes and Seems Confident of Acquittal.

NEW YORK, Jan. 6.—<Amending his plea of ‘‘Not guilty” to read ‘‘insane at the time the deed was committed,’’ Harry Kendall Thaw today was placed on trial for the second time on the charge of the murder of Stanford White in Madison Square Roof Garden on the night of June 26, 1906. Ile was called to the bar at 11 :z7 o'clock, and within a half hour after his formal arraignment his first juror was obtained. As the prisoner appeared from the Bridge of Sighs, the main door swung open and Evelyn Nesbit Thaw entered the courtroom, She was dressed in the familiar throughout her ordel during the first trial. sé costume she wore The young wife schoolgirl ’’ walked through a lane of spectators to a seat near the counsel o ble, where her husband sat with his lawyery. Charles A. Grummels, a broker of 30 South street, living at 817 West One Hufttdred and Fifteenth street, was the talesman who qualified as ju- ror Na, 1 just before Court adjourned for the noon recess. | With the exception of a slight pallor, probably due to his long imprisonment in the Tombs, Thaw appeared in excel- lent health. He smiled as he met an affectionate glance from his wife, and seemed to begin his fight for freedom with confidence. In the Thaw famiiy party, besides Evelyn, were Mrs. George Lauder Car- negie, the prisoner's sister, and Josiah Thaw, his brother. His mother is ill in Pittsburg and was not able to attend. All of Thaw’'s lawyers, Martin W. Lit- tleton, A. Russell Peabody and Daniel O'Reilly, took chairs beside the de fendant at the counsel table as secon as the first formalities were concluded. District Attorney Willlam Travers Je- rome and his assistant, Francis Garvan. represented the people. Justice Victor Dowling was on the bench, After Thaw had entered his amended plea, Justice Dowling announced that until further notice there would be three sessions of court each day, as fol- lows: From 10:lo a. m. to 1 p. m.; from 2 p. m. to 6 p. m., and from 8 p. m. to 10 p. m. He announced also that the jury would be locked up throughout the trial, which, Justice Dowling hopes, will be ended within two weeks after the jury {s sworn in, Virst Talesman Dismissed. After a somewhat informal discussion as to the. methods of selecting jurors, the work of filling the box was taken up without further delay. District Attorney Jerome undertook the examination of the first talesman called to the witness chair. He was William F. Miller, a dec- orator. Miller said he had known Stanford White casually and had formed an opin- ion upon what he had read of the case, He felt he could render a fair and im partial verdict and upon this statement Mr. Jerome anneunced that he passed the juror for cause. Mr. Littleton, for the defense, brought out the fact that Miller had had some business relations with the architectural firm of which Stanford White was a member and that he had been called but not accepted as a juror at the lagt trial. Mr. Littleton challenged on the ground of actual bias and was sustained by Justice Dowling. Thomas H. Harmer, of the second Nan Patterson who voted for acquittal in that case, was excused on a doctor's certificate. Charlies E. Gremmels was accepted as juror No. 1, and unless peremptorily challenged, he will became foreman of the second Thaw jury. Crowd Surrounds Bullding. The usual curious crowds were gath- ered about the Criminal Courts Build- ing this morning in the hope of catch- ing a glimpse of Thaw as he crossed the Bridge of Sighs. In the corriders of the Courthouse there was also @ throng of several hundred persons who had come to witness the epening hours of the new trial. A squad of W policemen kept the passageways clear. The arrangements were far better than at the fret trial, when a mob fought to get into the ceurtroom. None but men end newspaper writers were admitted today. Last year at the. beginning of who was foreman jury and the trial women predominated in thel courtroom and !t was their insistence which caused much of the disorder of the opening day. . Before the Thaw case was opened

ee mo ort WIES K CROWDED COURT

“4 AEUNITES PAIR. -

Mrs. Annie Moore Had Ac- cused Husband of Peace Disturbance.

sefore a crowd in the Dayton @6treet Police Court Monday Mrs. Annie Moore kissed her husband, Kenrick Moore, whom she had had arrested for mer: ing her ‘ms js just ke belng married again,” she said as she left the courtroom on her husband's arm. j Moore was writing a “suicide note” when he was arrested by Patrolman Bellman at his home, I13991B avenue, Sunday night. Querreled Over Child. On a tabie in front of him was 6 re- which he tried to grab as the the room. Bellman peace. volver policeman entered reached the weapon first. The Moores quarreled because Moate shook k-months-old baby, Haroki. Moore called for pen and. ink. When Mrs. Moore couldn't find Te tai husband drew a revolver and sald would shoot himself. Mra. Moore ran from continued to rum until policeman. Moore had a good start on his lead- penciled suicide note when he was ar rested. It was addressed to his brother, Adrian Moore, and it read; “T have lived a life, but through fauite of my wife. although she is not to blame, I do not care to live longer.” Couple Reconciled, When Moore waa led into court Mon- day Judge Pollard called him and eald: “Can't you get along with your wife? You are both young and Iffe should be to you.” “But, your Honor, she doetn't love me any more,” said the prisoner, Mre. Moore fumped from and ran to her husband. “Yes, I do.” she sald, laying her head on his shouller. “You may dismiss this case.” sald the Judge. Then followed the kiss of recom ciltation UNITED RAILWAYS FINED $100 FOR CHANGING ROUTE their the house and she met the aweet her chair Consent Had Not Been Given to Abandon Hamilton Ave- | The United Raliways was fined Monday in the City Hall Police for abandoning the Hamilton avenue division of ite system «4 year ago. lLacretia ne 2a aot DR nat Wee Fae a eS 4 . 7 : t FGA POT 22 tage SiR Mieke. er | ide sla ag ve

* SE 4 RN Phin 9g wre: GR ae sat. + . ‘a sar a iat ARAM,