St. Louis Post-Dispatch
June 28, 1911

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~ HENWOOD JURY ~TOBASE VERDICT ON MURDER COUNT Judge Instructs That Man- slaughter May Not Be Con- sidered and Tells Twelve Men Who Hold Prisoner’s Liberty in Thcir Hands Not to Consider Threats. DEFENDANT IS CALLED AS THE LAST WITNESS Lawyers for Henwood Take Exceptions to Statements Made by Judge as instr 'c- tions Are Seen to Be Un- favorable to Their Client. By Associated Press. CENVER, Colo., June 2%.—‘‘There is no manslaughter in this case,” impres- sively said District Judge Greeley M. Whit ford in reading the instructions to tne jury in the case of Frank H. Hen- wood this morning. The Court charged the jury that there were but three possible verdicts in the vase: First-degree murder, second-de- gres murder and acquittal. ‘the jury was also directed that should ite verdict be first-degree murder a pen- alty should be fixed of either Ife im- prisenment or death. Should the ver- dict be second-degree murder, the Court itxelf would impose the penalty, which, under the Colorado statute, is from ten yeare to life imprisonment. Defense Takes Exceptions. The elimination of manslaughter from the case caused Attorney John T. Bot- tom for the defense to take exceptions. tie stated to the Court that he believed ' ¢his should have been included. | Judge Whitford: spent 5 minutes in reading his instructions, emphasizing the paragraphs defining justifiable hom-. icide and self-defense and murderous intent, ' ‘The jury was charged that a shot .-. fired with malice and premeditation, =V) ‘Meath resulting, although the shot was not directed against the person killed, constituted a crime of first. degree mur- der. In other words, the accidental kill- ing of George E. Copeland, for which Henwood is being tried, by a bullet in- tended for Sylvester L. von Phul, justi- fies a verdict of first degree murder, ‘providing that Henwood intended ma- liciously and premeditately ‘to take von Phul’s life. “No Self-Defense.” The Court charged the jury that evi- Gence of threats and pistol plays on the part of von Phul against Henwood or previous quarrels between them, was admissible only to show the condition of von Phul’s mind at the time the shooting occurred. When von Phu! knocked down Hen- wood in the barroom of the Brown ‘Palace, but made no further attack, which was followed by Henwood fir- ing the fatal shots, said the court, there was no self-defense, and if Henwood fired “deliberately and ma- ‘ Helously,” the crime was first degree murder. Previous to the reading of the in structions the Court permitted Attorney Bottom to recall Henwood to the stand for the purpose of identifying one of the so-called ‘“‘Mabel” letters supposed to have been written by von Phul. The letter was ruled out yesterday, and the Court reaffirmed this action. This letter contains a reference to a certain “double-crosser,’"’ who was in the habit of visiting the ranch of John W. _ Springer, husband of the principal wit- ness in the case. It threatened ‘‘to knock his biock off." Both attorneys admitted that Henwood was not meant by the expression ‘‘double-crosser,” and the Court held that this being the case the letter could have no bearing.

MEN CAN'T GET JOB ON ERIE IF PAST 35

Strict Order Just Issued by Rail. road Favors Employment of Young Men. ___» NEW YORK, June 28.—The age limit ter a clerical position. _ formed that there were several vacan- at which a man may obtain employment ™ in any department of the Erle Railroad has been placed at 3% years by a strict : order just issued. A tall, well-developed, alert man called today on Assistant Freight Claim Agent Brundage. 60 Church street, and asked He was in- wos , cles and was questioned as to his quali- but it would be you.”

Signs Are Contracted for That Tell Communities of Our Advantages. Contracts for big electric signs in New York, Chicago, Philadelphia. Boston and Buffalo, with the Post- Dispatch prize-winning St. Louis slo- Ban emblazoned upon them, have been signed by the League of Elec- trical Interests of St. Louis. The signs will be erected on the most conspicuous available corners i7 these cities by July 1. Emblazoned across the top will be “Some Cities Have a Slogan; St. Louls Has the Goods.” In addition to the slegan the sigas will bear these legends: Thirty million people within 12 houra’ ride of St, Louis, - Coal, $1.40 per ton. Superh factory locations. The league will pay all expenses of erecting and maintaining these signs. 4he contract “or the signs was made Tuesday by Herman Spoehrer, in charge of the advertising department of the League. A billboard company having facilities in these cities took the con- tract. ; Big Sign in St. Louis, f Union Electric will erect four signs J St. Louis, in every way a duplicate of the signs in other cities, but with this explanatory line: ‘‘This is a sample of the signs now appearing in New York, Chicago, Philadelphia, Boston and Buf- falo.”’ The object of the St. Louis signs is to show the people at home what the loague is doing to advertise St. Louis facilities abroad. Union Electric is also erranging to erect On some prominent corner in St. Louis a huge illuminated sign, bearing the slogan. The slogan will also appear on all of Union Electric’s bill board advertising in St. Louis. “We would like to throw the slogan across Twelfth street so that every vis- itor to the city could see it,’’ said F. D. Beardslee of the Union Electric. ‘‘The city ordinances, however, forbid signs across streets. We have not. definitely decided where to place the slogan sign, but we wish to find the corner where

ic may be seen by the greatest number svsavramer | _VOL. 63. NO. 342. ST. LOUIS SLOGAN SIGNS IN 5 OTHER BIG CITIES

Resolutions Praise HE 8st. Louis League of Electrical Interests, at a ed this resolution: ~ ESOLVED, That the ' terests of St. Louis in- the Post-Dispatch Committee, and we pledge ourselves to its publicity work of our organi- zation. mend the Post-Dispatch on its Public spirit in inaugurating believe the contest to have keen productive of very excel- Louis pecple to a proper measure of the city’s promi- tance, ¢niicely irrespective vf the use to be herentter made

the St. Louis Slogan it meeting Tuesday, adopt- League of Electrical In- dorses the slogan selection . of free and liberal use in all the We congratulate and com- the slogen competition. We lent results in awakening St. mence ami industrial impor- of the actual slegan selected.

ef peopie, particularly visitors to St. L.ouis. ‘“We have a lease on a roof near Union Station and thought at first thai would be a good place for the aign, but I think now it will be possible to -find a better vlace. There will be no adver- tising whatever on the sign. Union Electric feels that it wouid Nke to do something for St. Louts, as every:hing ‘ending to increase the prosperity of the city is beneficial to our company. ‘The signs which the League of Biec- trical Interests proposes to erect in the big cities of the country will no doubt cause a great deal of comment, and proLably some criticism, as these cities ‘May resent our invasion. It is the pur- pose of the league, however, to keep shese signs so prominently before the people of New York, Chicago, Boston, Philadelphia and Buffalo that they will have to take notice of our advantages as an industrial center. Helf of Slogan in Big Letters. “The la&’t half of the slogan, ‘St. Louis has the goods,’ will be painted in very large letters on the signs. The first half of it, Some cities have a slogan,’ will be in smaller letters. The statue of St. Louis will also be painted on the upper left hand corner of the signs.’’

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THREATENING SKIES ‘TO PRECEDE SHOWERS AND WARM WEATHER THE TEMPERATURES. BS. Wis cose Oe 19 (noon) 7 a. ™Mm........68 10 a. m........78 Yesterday’s Temperatures. ' High. .85 at 5 p. m. Low. .@7 at 6 a. m.

cee - 83 85 “TI gee the music teachers a re meeting in St. Louis,’” said the cigar drummer. “Yes. I wonder what they'll ac- complish,”’ replied the drug clerk. ‘‘Well there are severalthings ‘they might do.”’ “For instance?” “T hey might teach the ice man how to run the scales.” “Yes, or show the City Commit- tee how to har- monize Kreismann and Kiel.” “A music teach- er’s life must be a happy one.” “Probably so, but if he’s sharp he won't live in a fiat.” Official forecast for St. Louis and wicinity: Threatening weather, with showers late tonight and Thursday; warmer tonight. Stage of the river: 9.6 feet; a fall of .7 of a foot.

Missouri—Uneettled weather and probably showers tonight or Thursday. Iilinais—Generally fair tonight; Thursday warmer; unsettled weather, with probably showers in south and west portions. FATHER DEMPSEY | CAPTURES SUSPECT Chases Man He Believed Was Robbing Poor Box Two Blocks From Church. Father Timothy Dempsey, pastor of St. Patrick's Church and proprietor of Dempsey’s Hotel, captured a man whom he suspected of trying to rob a poor box in his church at Sixth and Biddle streets at noon Wednes- day. The priest was in the. sacristy when he heard a noise at the front of the church. He told the police he found a man shaking the poor box. He chased the man two blocks and turned him over to the police. The prisoner says he is George Wiseman of 38500 North Broadway and that he wandered into the church while intoxicated. He denies that he tried to rob the poor box. |

Hen Hatches Storage Eases. SPRINGFIELD, Mass., June 2%.—A West Springfield man placed.a plump hen on a setting of a dozen cold stor- age eggs. Yesterday, the twenty-first There are six varieties of fowl, a cir-

day, eight chickens were hatched out. j-

FALLS INTO A KETTLE, BOY SCALDS TO DEATH Son of Farmer on Schoettler Road Backs Into Water Boiler. Walter Straub, 7-year-old son of Wil- liam Straub, a farmer on the Schoett- ler road, near Chesterfield, St. Louis County, fell into a big kettle of boil- ing water at his home, Tuesday after- noon, and was scalded to death. The boy was playing with a wagon in the back yard and was walking back- ward, drawing the wagon after him. when he stumbled and fell into the ket- tle. His sister, C@arrie, 16 years old. heard his cry and ran from the house to the kettle and drew him out of the boiling water and carried him to the house. Dr. Aygust Meisch of Manches- ter was called, but the boy died at 4:45 o’clock. MORSE WRIT IS DENIED

New York Banker Must Remain in Atlanta Prison. ATLANTA, -Ga., June 28.—Federa)] Judge Newman today denied the appli- cation of Charles W. Morse for release from the Federal prison here on a writ of habeas corpus.

COLLAPSES WRECKS PLAGE NEXT DOOR Structure Tumbles in the Early Morning, but No One Is Hurt. ROOMING HOUSE VACATED .

Commissicner Believes That the Cause of the Accident Was Overloading. eee

The four-story brick building at 1826- 1828 Locust street, used as a warehouse by Cal Hirsch & Sons, dealers in Gov- ernment supplies, collapsed at 5 a. m. Wednesday. | In falling +t wrecked the one-story building at 1830-1834 Locust street, oc- cagied by the O. O.“Petty Tire and Rub- baer Ca Nz one waa in either buiiding. A bull- fox which Petty valued a> $00 is b-- Yeved to have been killed. Ss Many windews itn rooming house; nearby wera broken and occupants of a house in the rear of the tire com- pany’s plant fled to the street in their night clotines. Steck in Building. The Hirsch company buys from the Government supplies which are no lenger in use for the army and sells them at retail at a downtown store. The surplus stock was carried in the Locust street building. L. B. Hirsch of 4 Washington terrace, president of the concern, arrived at the building an hour after the collapse. He refused to place a valuation on the stock, but said that the Burdeau Realty Co. purchased the building in 1907 for $32,500. At that time, he said, nearly $5000 was expended in strengthening the buiiding, and repre- sentatives of the Building Commission- er’s office examined it and said tt would stand a weight of 150 pounds to the square inch, Only the front wall was left stand- ing after the collapse. The other walls fell westward and the roof and floors fropped. irae gs O. O. Petty says that his bullding was worth $6000. It was owned by Mrs. Flora Slupsky, wife of Jacob. Slupsky of 5307 Waterman avenue. Petty esti- mates the value of his stock of tires and automobile accessories at more than $75,000 and says the insurance did not cover damage by the collapse of a build- ing.

Firemen Called Out, After the collapse an alarm of fire was turred in by employes at the Union Electric powerhouse a block away. They mistook the clouds of lime dust for aémoke. Firemen stretched ropes about the ruins. Mr. and Mrs. William Schorla and Mrs. William Halliday fled from the rooming house in the rear of the Petty plent when the crash awakened them and they found their rooms filled with Just, which they also mistook for smoke. Building Commissioner McKelvey, after an examination, said the collapse of the building was due to overload- ing. The front wall and part of the east wall, still standing, were ordered torn down. The bullding at the corner of Nineteenth street, oecupfed as a rooming house, was ordered vacated. The building to the east, o¢cupied by several firms, was pronounced danger- ous. The Commissioner did not order

it vacated, but the Corby Supply Co., one of the tenants, took steps to vacate at once. There is a craca in one of the walls of this bullding, extending from the roof to the first floor. Build your business ne and profitally. Simple enough. Secure your eer rene) mem usiness location, select your stock of merchandise with especial reference to its fitness for this field, mark your goods at a living profit, prepare an advertisement describ-

ing the character and merit of your goods, the reasonable prices at which you offer them, and any other induce- ments that will aid the purchaser in arriving at a judg- ment, send this ad to the POST-DISPATCH where practically every reader of English papers in 8t. Louis, male or female, will see it, and ‘‘quick and profit- able results’’ will surely follow. See how the big, su¢cessful, experienced merchants se- cure these quick and profitable results. Yesterday, Tues- day, they bought 61 Columns of space in the POST-DISPATCH alone, in which to tell their store news. With a field practically completely covered by the POST-DISPATCH, but having money to spare, they bought u ., 52 Columns of space in three out of the other four St. Louis news- papers all added together. **Go thou’and do likewise, For it pays to advertise ’’ in the right place. . First in Everything. ae,

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DEATHSGOYEARS | AGO. CORONER TO HOLD INQUEST Buridl Permit Needed for Two ‘Bodies Dug Up at Rutger Street Plant.

The bodies of two persons who died 560 or 60 years ago, disinterred by La- clede Gas Co. excavators at Rutger street and California avenue, cannot be reburied until the Coroner holds an persons. were and.the cause of death, and issues a burial certificate. Deputy Coroner Carriere has fixed Thursday for this unusual inquest. The bodies are now at the Wagoner under- taking parlors. Dean Davis of Christ Church Ca- thedral and James A. Waterworth, an official of the church, arranged with the’ Morgue keeper to have the bodies reinterred in Wesleyan Cemetery in St. Louis County. Many years ago there was an old cemetery at California avenue and Rut- ger street, conducted by Christ Church. It‘ was thought all bodies had been taken up and transferred -to other. cemeteries when the old burial ground was abandoned, but the church authori- ties now believe that the two bodies must have been overlooked. They were in, fron caskets. The Board of Health refused to issue a burial certificate for the bodies be- The Coroner could- not issue a burial certificate without holding an inquest. Dr. Carriere has called for a plat of the old cemetery and will use that ‘in an effort to identify the bodics. Water- worth would not consent to the opening of the coffins. : SEVEN OPERATIONS ON JOHN W. GATES

Millionaire American Suffers in Patis From Abcess in Throat. PARIS, June %.—John W. Gates, the American millionaire who had arranged to sail for America today, haa been obliged to postpone his departure, owing to his serious illness. He was submitted to seven slight sur- mn Tiiose who try Post-Dispatch wants

BAND DISBANDS AND BANDS AGAIN AFTER DISCORD Justice Werremeyer Solves Rid- die of Musical Mix-Up and Restores Harmony. The Clayton “Brass Band has disbanded with a crescendo crash and has been reorganized with ‘a new leader. Where there was discord it is hoped that here- after there will be harmony. Dissolution has been inevitable ever since the leader and the band fell out a few months ago over Dacapo and Dal Segno. The band was practicing on a Tuesday evening at the courthouse. “Silver Bell,” an Indian intermezzo, was the piece. The musicians came upon the sign Dacapo and some started to repeat from the beginning ‘and some from the sign. Leader Kieffer stopped them with a frantic ourish. He wanted to know why they didn’t all repeat. from the sign. Dacapo Crowd Stand Pat. The Dacapo crowd said it was because Dacapo meant repeat from the begin- ning. Kieffer insisted that Dal Segno meant repeat from the beginning and part of the band backed him up, and they had it up and down, There was,no Italian at hand to settle the controversy and the rehearsal broke up with Kieffer contending for Dal Segno and many of the players standing pat on Dacapo. The following Tuesday night the trouble was.renewed, each side coming to the combat with stronger opinions than before and there was more argu- ing than practicing and very little re- peating either from the beginning, or from the sign. At the third meeting Kieffer admitted his mistake. He had got Dacapo and Dal Segno tangled somehow. Werremeyer a Dacapo. One thing and another caused the.con- trovefsy to grow. The Dacapos had Tustice Werremeyer, who plays the tuba, and Otto Ruck, the baritone player, as tneir leaders. The Dal Segnos steod by ._ Kieffer. ‘ Monday evening the Dacapos tried elect Otto Ruck leader. Only nine mem-

Carondelet Park, 720 to 10:30 p.m . Pategreund, 30 $0 3020 p.m...

KEPT SAVINGS IN. STORY BOOK: FIRE TIMES HS $500 Andrew H. Hirsch Weeps When He Learns Little Volume Is Destroyed. Five hundred dollars, which Andrew H. Hirsch of #62 Farlin avenue and his two sons had saved from their earn-| ing during the last four years, weré de- stroyed in a fire which broke out at 8:30 p. m. Tuesday in a closet where the money was concealed. The money was to have been applied Oct. 1 to a mort- gage On the home. Hirsch wept Wednesday as he told of his loss. He is a harnestmaker, and it takes nearly all the money he and his sons can make to support the fam- lly of five, so that the savings repre- sented real hardship and self-dentals. The sons are Gus, 17 years old, and Hid- mund, 15, who centributed part of what they made to the fund. There is «4 6-year-old son, Raymond. The money, in bills, was kept between the leaves of a book of German stories, given to Hirsch when he was confirmed 80 years ago. It was hidden in a closet, whétre he kept his clothes. Will Try Bank Now, Neighbors etna a ° — in Street, Warned — . Charles Gerosi, Who Wait Because He Did Not Watt to See if She Would Be cape From. Track. =|. § MOTORMAN RUNS AFTER ACCIDE rad Run Out and aR € 7 Se oe ‘€ the From Bouy u: Child Whe North Ninth Street. es re Ber vi After Becky Goodman, 3 okee car, in front of her home at 2 Ninth street tore his hair and ran abo

Is Held Responsible in P ” 3 — “I learn as I get older,” Hirsch said. | tee ° ‘Tl have to begin saving all over again, and this time I will put the money in a nank. so

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