St. Louis Post-Dispatch
December 14, 1911

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VOL: 64. NO. 116.

HYDE CASE JUROR RETURNS INSANE; NEW TRIAL IS SIE riarzy Waldron Appears at His Kansas City Home After Wandering About Kansas for Four Days and His Wife Takes Him Into the Court at Once. CASE IS RESET FOR TRIAL ON JANUARY 2

Court Announces the Jury Is to Be Discharged — Man Pale and Emaciated, Says He Sought Freedom From Staring Eyes.

By Associated Press. KANSAS CITY, Dec. 14.—Pale éemaicated, weak from hunger and ex- posure, Harry Waldron, the _ juror, Whose escape last Sunday night stopped the progress of the second trial of Dr. B. Clark Hyde, charged with the murder of Col. Thomas H. Swope, re- tprned to his home today. He was brought into court by Mrs. Waldron and after a conference with him Judge Porterfield announced that he would dismiss the entire jury on the ground of Waldron’s mental incompe- tence, Judge Porterfield discharged the jury at 1:30 this afternoon. The State was unable to.show t!.at Juror Waldron had not discussed the case during his ab- sence, Judges Porterfield set Jan. 2, (2, as the date for beginning a new trial. He said that Waldron was insane at the time rhe escaped ahd is still in- sane. His eyes shifting and every movement b traying shattered nerves, Waldron de- gcribed to Judge Porterfield four days of wandering through Kansas in search of “fresh air and freedom from confining walls and staring eyes.”’ “I had been driv ost distracted, ‘Judge, before I ‘got my feet on the railroad and got to the country,” he said, “but I don’t think I’m crazy. I couldn't stand being cooped up. I felt imprisoned. There seemed to be noth- ing but walls and eyes around me. } Jonged for fresh air. When I would go into court I could hardiy' hold myself, the stares of the people worried me so. .*So that night I decided % get away from it. The first thing. when my foo: hit the ground after sliding down the fire estdpe the thought came to me that I had done wrong. I was going te return. Then Rthought of a fine and possible other punishment, and I fled. Redd of His Escape. “IT got a street car to Argentine and there caught a freight train that was Going ‘away from the'city. -I got off at Emporia, Kan. There I shaved off my Wiustache and that afternoon—it was Monday—I read of my escape in the papers. That worrled me so that I could not eat. “It told of the possibility of my committing suicide, I thought of my poor wife and children, thinking of uch a thing, and decided to return Sime, no matter what the conse- quences, I got to Kansas City, Kan., Tuesday hight, after wandering miles through the fields and going on a freight’car part ‘of the way. “Theh I lost my nerve again. I went to William Moore’s house in Kansas City, Kan., and _ slept . two hours .Tuesday night, the only real sleep I had rind since I left the jury hotel. and ¥-audered About Mind. Hed | os mesday, I came to Kansas City. Mo., I was afraid of being arrested but nobody seémed to know me and I ways fiad 1 Had sitaved off my mustache. 1 Was thinking of Christmas, and how I! might have to spend it away from the wife and the children, whether I was ¢rested or not. It made me think the World was a crazy place. I wornlered if ] was crazy myself. “TI got a market basket and wandered. about “Among the crowds around the cl_y market. It was a relief to be among people after the stuffy courtroom. Ev- Gry thought came back to juries and courts, FE slept in a livery stable last hight and this morning went to my home-—i ha. read in the“papers that the officers had quit watching it. “TIT saw one of my children in the barn- yard and gave him a note to take to his mother, -@nd ran. I felt weak enough to lie down in the cold. But I went into the house and when I saw my wife I felt better than I ever had since they put me on the jury. I had $12 of jury sal- ary, which I tad held out from my wife, intending to buy Christmas pres- ents for the children. I still have :t. I spent only a few cents on my wan- derings. I could. not eat ' Questioned closely ce any com- ‘ United Railways. The bond of Charley L. Carson, was de- clared forfeited by Judge Taylor ot the Criminal Court Thursday when he did net appear for trial on a charge of.con- spiracy in connection with Della Brogat- sky to obtain money fraudulently from the United Railway Co. The case against the Brogatsky woman was con- tinued until Monday by agreement of counsel. It was charged in indictments that Carson and the Brogatsky woman ob- tained $700 from the United Railways Co. on the allegation that she was injured in a street car and was confined to her room for three months. The company, according to the indictment, discovered evidence that she was not injured. She was housekeeper for Carson. Attorney William Scullin induced his father, James Scullin, to sign a $1,500 bond for Carson. Scullin said he had been unablé to find the man, and had been reliably informed that he had fled to escape prosecution. YEAR IN JAIL FOR THE ‘NABOB TEAMSTER’ | Weber Pleads Guilty to Bigamy Charge After Talking to “Second Wife.” *K. Weber, the “teamster spender,” entered a plea of guilty to the charge of bigamy in the Circuit Court dt Clayton TNursday and was sentenced to one year in the St. Louis County jail by Judge McElhinney. Neither of his two wives was in court whea the senterce was pronounced. When he was arraigned Dec. 6 Weber entered a plea of not guilty. This was changed Thursday after Weber had a conference with his second wife in jail Wednesday afternoon. The com- plaint was made by his first wife, to whom Weber was married about a year ago. . Weber was arrested Nov. ll, two cays after his marriage to Eunice Van Stroottoon, 26 years old, of 2700 Frank- lin avenue, at’ Clayton, following a week's revelry during which the couple was married. They spent about $1000 in that period. , Investigation showed that Weber, a teamster, had drawn $1700 from a bank on an order alleged to have contained

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PRINCE HENRY IN TRADE BERLIN, Dec. 14—Several newspapers assert that Prince Henry of Prussia, prother of the Emperor, who holds an aerial: pilot’s certificate, together with Dr. Max. Predoehl, former burgomaster of Hanbourg, @re.organiizng a company ; le one ona avetom in-

the forged signature of his mother. }

Top row: George M. Ravold, George C, IThis Is the Jury That Defies Judge Withrow and Declines to Return a Verdict as He Has Dictated

Conrad, M. I. Hoffmann, F. H. Fischer, Philip P. Smith. Left to right, lower row: Fred Kukkuck, J, J. Dohoney, George H. Bagot, A. J. Marr, E. T. Mulvihill, Michael Degnan, H. C. Hartmann, foreman.

GANG SUSPECT 1) STABBED, NAME OF ASSAILANT HIDDEN Patrick McGoldrick Says He Was] Wounded in East St. Louis, but Police Doubt It.

Patrick McGoldgick, classed by the police as a pickpocket and a member of “Egan's Rats,”’ asked to be taken to the city hospital at 4 a. m. Thursday. He had a deep knife wound in the left side of his neck and he feared he would die. At 2 a. m. MecGoldrica went to his room in the Biddle House. 501 Biddle street, with his he@d bandaged. Two hours later he sent for the night clerk, John Egan. ‘Send for an ambulance,’ want to go to the hospital. am going to die.’”’ Egan notified Patrolman Griffin of the Carr Street District. The surgeons at the hospital said, McGoldrick’s. wound was of a serious nature, and Griffin questioned him about it. “T° was over in Bast St. Louis,’’ he said, ‘and on my way back four men jumped me on the viaduct over Cahokia Creek. One of them had a knife. I con’t know why they jumped me. I nev- er saw any of them before.” That was all the information the po- lice could get. They do not believe Mc- Goldrick’s story and charge the assault to a gang. Three men were involved in a cutting at Third and, Valentine streets early Thursday, the police say, but so far they have no evidence to con- rect McGoldrick with that. McGoldrick appeared in Judge Hitch- cock’s court Wednesday to answer a eMarge of picking pockets, but the case was continued td the next term of court, owing to the absence of the prosecuting witness. he said. “I I think. I Three Shots Are Fired; Man Is Found With Kualte: Wound. After three shots had been fired at Third and Valentine streets at 1 a, m. Thursday, the police found John Ray, 32 years old, a teamster living at 816: South Eighth gtreet, lying on the pave- ment with a cut on his left cheek. He says he does not know who cut him. He was taken to the city hospital. Oscar Stutz of 3446 Itaska street was arrested a block from where Ray was found. He had no weapon and denied being in a fight with Ray. Another man ran away as the patrolman arrived. Ray’s condition is not serious. He is held a prisoner at the hospital pending an investigation. 42 MOROS KILLED BY AMERICAN SCOUTS —— ere — Battle Follows Order That Phil- ippine Brigands Give Up Their Arms. LANAO, Mindanao, P. I., Dec. 14.— Forty-two Moro outlaws were killed here today in an engagement with @ de- tachment of American scouts. There were no fatalities on the American side. The battle occurred in connection with the campaign for suppressing organized brigandage among the Moros. The disarmament of the entire Moro population of Mindanao and Jolo was ordered by the American military au- thorities three months ago, following a number of attacks on Americans. Since that time the troops have been actively engaged in carrying out the order. Most of the chiefs gave up their wea- pons peaceably, but there has been a series of sharp engagements with ban- dits. vio pert am nt vd pre.

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¥ eae ne I Ae oe Se tia ae ODD 1S JAMES 1.3 GRICE, FOR STEPSON SFUILED FUNERAL Had Planned Sunday Visit Joyfully Read His Own _ Epitaph. to!

In Father Dempsey’s Workingmens Hotel Thursday morning an old man sat close to the warmest corner and made a great show of picking his few teeth with a splinter he had filed down from a match. Confidentially he remarked to a few cronies that the funeral arranged for him Wednesday was to have been a top-notcher, with real hearse and car- riages of mourners and a last resting place in a snug corner of Valhalla Cem- etery. Except dor’ his blundering stepson, who discovered the body about to be

buried was not his at all, the old ,man observed almost plaintively, he would: have been able to stroll into the grave-, yard the first warm Sunday and read} what a fine man he had been as it stood ; written on his own gravestone. Where- | upon one of the listeners sighed as if: ° calling Heaven to witness that. step- children are a heap of bother to a body, anyhow. Had Leisurely Disposition. It was nearly three decades agq when this old man, who writes’ his name James T. Moore on the few occasions he has to sign it. married the Widow Mockbee. The widow had a son by her ‘first husband and’ Moore found himself suddenly burdened with the duties of father to the boy as well as husband to the boy’s mother. Which was something of a burden.to a man of James T.’s somewhat leisurely disposition. Thiags went on, as James T. would express it, sort of so-so for a few years, with a gulf gradually widening. between husband and wife. Mrs..Mockbee-Moore was not of a leisurely disposition. And the pair grew more and more estranged until anally, 20 years ago, they drifted apart. He Was Just Driftin ng. The drifting perhaps should be ascribed niainly’to James.T. From that time on he drifted into the family home and Grifted out again at irregular intervals, between whiles drifting around from one sob to another. And about four years ago he drifted away for guod, to all ap- pearances, and Mrs. MockbeeMcore con- cluded that perhaps the wandering craft had capsized somewhere ani would re- turn to port no more. She. bore up un- der her bereavement with fortitude. The other day the body of a man who killed himself was founda hanging in a deserted ferry boat station et Wash street. Mrs. Mocknee-Moore read about it im the newspapers and sume hing in the description of the man ramin twa her of James T. She was strucx ‘particu: larly by the report that there was noth- ing in the man’s pockets Dut a rusty padlock and key. She rememberéd that James T. had a habit of car: ying noth- ing but similarly useless contraptions In his pockets. So she went to the morgue. She did not know what grewsome things to ex- pect when she entered “that somber place, but was agreeably surprised to see nothing but a lot of smal] doors let into what appeared ‘to be a huge cabinet. She appeared disappointed and told an attendant what she hed core to seek. The man politely opened ona of the doors and pulled out a slide. The wife looked hard at ehe form on it. “Yes, that’s Jim!” she said ‘at last. “I reckoned I'd find him like this, some day.” “What shall I dg with hin, madam?” the.. morguekeeper asked, brightening visibly.

“2 suppose you'd better have 2 r wh GFR! ee | A A ay nt nc leet ae tlt ditt Cintnapanietge TAFT NEWSPAPER WANTS BEVERIDEE AS THE NOMINEE Chicago Evening Post Says Roosevelt Is Impossible and La Follette Losing Ground.

2000- word Evening Post, of the CHICAGO, editorial, Dec. 14.—In Chicago a the most heretofore considered one stalwart stand-pat Taft newspapers m that the a fresh order to anid Bev- today declares must ‘take situation in disaster the country, Republican party grip’' on the 1912 avert an overwhelming suggested former Senator Albert J. inee on whom all the. factions can unite. The Post admits Taft can himself if he desires to do so, that if he makes himself the nominee the newspaper will support him. But it refers to the present unsatisfactory condition of politics within the Repub- lican party and objects to a nomina- tion being forced by the machinations of the old guard or inner ring of stand- patters. The editorial continues: “The progressives certainly can hold the record of Beveridge clear as far as they. are concerned. Before insurgency was baptized the Senator from Indiana was fighting in the upper house the battles upon which it grew.”’ The editorial expresses the opinion that La Follette is losing rather thar gaining strength, and says Roosevelt not to be taken seriously as even a re- mote possibility in 1912. The Post's an- nouncement created a sensation in pw- liticel circles here. Up to today it had not even intimated that it entertaine4 a doubt of Taft's ability to carry both the convention and the country. nominate and says a Lee Thinks Taft Wtill Lose Indiana, WASHINGTON, Dec. 14.—Edwin M. Lee, chairman of the Republican State’ Committee of Indiana, does not back- track despite Harry S. New’s bitter at- tack on his motives for proclaiming it impossible for Mr. Taft to carry In diana. “Tt ils not a question of men with me, it is the success of the Republican party. 1 -do.not beliewe Mr. Taft can obtain it for us in Indiana, and’as early as Nov. 21 Ff frankly told him so,” SF e JOT OES. * ee eee, © ee EE ey SL MENSEERS SFE Se bine ~ Reming SRD DAY'S LISTENS 10 SONGS: Men Continue in Refusal to: Obey Order of Judge _ Withrow That They Re- turn Verdict for Defend- | ant Priest in Will Case and sapere Entertains Them. re “NO HURRY ABOUT THIS,” COURT: SAY - 1; : a aes coh Punishment for Contempt Is. Permissible and pimps, © May Be Held Over Indefi- ' nitely — Their Stand. Is Without Precedent. ee a we eee Sot + Feeds The 12 jurors in the now famous Meo- Lermott will case, who have for three!“ days persisted in their unprecedented . refusal to return the verdict ordered } by Judge Withrow, were _ entertained *- Thursday with songs and stories. “i songs were sung and the stories told. ty one of the jury, George M. Ravold, and semt-professionat: entertainer. De, ipa a The jury has refused sinée Tuesday to’ sign, the verdict ordered by the Court) in the suit of Mrs. Mary Farrington’ ~~ te against the Rev. Father John er a tenor soloist

executor of the estate of her mother, Mrs. Br i a McDermott, because they, ‘belleve the verdict to be -wrong. Una, due influegce on the priest’s part was alleged, but Judge Withrow. holding” that it was not proven by. the teati- mony, ordered a verdict ws the eae executor's~ favor. : He is still waiting for. this “verdict, the jurors holding that, as oun on i citizens, they have the right to pass Oe the evidenge for themselves, No pres, : vious instance of such stubborn. dpter+# 2 mination not to sign @ verdict they did+ not believe just, although ordered to dq” so, on a jury's part, is recorded in St, Louls court annals, N Again Report No Verdict, At 2 p. m., 48 hours after the case was first placed in their hands, the jurors returned from lunch, reported to the Judge that they had not “agreed on @ verdict,” and climbed the #talfs to their small third-floor room in the Chestn street wing of the courthouse. The roont is 14x16 feet, and is qe only with a dozen chairs and a long ta- ble, the floor being bare. That Judge Withrow intends to ke the jurors on duty, in an effort to w them out, was indicated when he b remarked, on excusing them for luncl at 1 p. m.: “Be back at 2there’s mi haste about this.” The same ir c¢ was drawn from his instruction to Dep uty Sheriff Hassemer, at the opening « court In the morning, to give the ju “plenty of ice water.” The judge can hold the jurors they yield, lawyers say. He can them even beyond the end of the pres term of court, six weeks hence. hey will meanwhile draw $1.50 a day, will be permitted # spend the ever with their families punish them for cCong® interpreted by the Duaee e ¢ no limit on the fines or terms of onment which he can sinfiict for cont tempt of court. i Judges Right Net Attacked, — . There have been cases fn which peals have been taken against tory instructions given by Judges juries, and where the Supreme has overruled the judges, Dut in cases the Judge’s right to instruct 5 tury was not attacked—it was only ‘cons tended that his instructions were net the right ones. ? Judge Withrow, before ‘court told a Post-Dispatch reporter that ce had found two recent decisions of the Missourl Supreme Court which, he lieves. uphold his right to give a peremptory instructions in cases which, as in the present one, he nee that no evidence has been offered sustain allegations against a will. By he did not go into the question of jars men's rights to refuse to sign a verd which they belleved to be wrong. | One of the ci (es was appenied to the Supreme Court from Judge whee court in 1887, Other Was a Will Cane, = In the 1897 case, the will of James Reilly, leaving $1000 fer masses to said for the repose of his soul, waa Com tested by relatives, and it. was c | that the Rev. Father P.. H. E had exerted undue influence, Withrow, after hearing the declared there was no eviden¢e influence, and directed > to re turn a verdict to that etfect. wd did so, but the relatives : contended tn the appeal that tthe C

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