St. Louis Post-Dispatch
July 19, 1905

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sind “4 : ade 2 A ERPS ty EIR TRADES IS, She } ar nanaeaeesee mes PY» ay 2 c ARs eee ae Ye wee 2 ‘a swe Ke ee ue? PS EN fe * if oF y y i: z Saher pe. 4 * ig x. %, £ Kj # 3 ¥ Sar + % - b : a s Mf ; i ie ¥ + i 4 - , x 7 4 ,. a ¢ - : ¥ : 3 J : ; Z § » ‘ Y., _ a ’ f eee: ew ct : . fat ies ba a + a m4 ys zt a: or; ee § ‘ x 4 ee him through the little window, Fs. i ee % ie 3 samt I want to = aS C ¢ creditable feats.” . 6 ts er “} “ee : “a .. i stree ' = e* ; Kaenper was 4 jt Lot LOST, STRONG z = log ae es “ , Rees ; ‘ : x. hee Fs Si5.. y e 0% aan eee Ay : t oom a J . f x J Ps > pet tie, ae. eae ; ey ht + ead Y ” ™! 4 YM...” © S ad g F z - . feet w e Pues | 3 re wt St ae 4 > ° Were and SO POSITIONS dtd, 2 cl UGrH rtedeadt hi WEEK / VOL. 57. NC ROBBER CAUGHT Cashier of Waterloo, Ill., Insti- tution Hands $475 Roll of Ourrency to Youth at Win- > , dow at 10 A.M. _ CROWD SEES ESCAPE _. DOWN VILLAGE STREET Posse Surrounds Cornfield and an Hour Later Captures Rob- ber and Recovers Money—No _ Resistance Given. ale red-haired young man, who said he ‘eame from Joplin, Mo., carrying a large Tevoiver, and later carying #475 that beionged to the State Bank of Water- oO, threw the little town of Waterloo, “ into excitement Wednesday. Im broad daylight he robbed the assis- tant Cashier of the Siate Bank of Water- doo of $475 currency that was at hand. Hie was captured an hour later by a posse that formed at the cal] of the assistant cashier and is now in jail. He ives the name of John W. Dudley and @ays he is 20 years old. About 10 a. m., as Assistant Cashier alone in the bank, the young man walked in. Nothing unusual was noticed about him. As the official looked = at expect- @nily, the young:man quickly and with @ businesslike air pulled some object _ from his hip pocket. Kaemper did not need to look closely to see that it was a big revolver and that the barrel pointed straight at him. “Hanc me what money there is in that safe!’ the stranger commended. Kaemper hesitated a moment. The gun barrel moved a trifle higner. The assistant cashier pu.ied the money "| @rawer out of the safe and laid it on nter while he gathered up the yy for the robber. by ; ts Movements Deliberate... The latter deliberately rolied the bills » Wrapped a piece of paper about and placed them in his pocket. Then he turned and walked leisurely | toward the atreet. As iné disappeared out the door, Kaem- per hurriediy closed the door of the safe @nd tan after him into the. street, ae - ‘© he gave the alarm that the bank been robbed. The cry was taken up by others on ‘the street, and the course of the fleeing * was followed by: the eye until he he bank. small posse, ’ Cie into a cornfield four blocks i | i, age of Sheriff Whomas Ruch, Deputy Sheriff William oo: William ‘olen and George + Heng was jiurriedly organized and sur- wc ded the cornfield, It was impossible “~o tell where the n was hidden, as he was apparently @ very atill and there was ro move- gs. of the cornstalks. use nearly an hour before the posse "fully armed and was ready to in- the cornfield, but such a close de tech had. bent that the members of posse Were certain the man had not aped. ehen all were finall yarmed Tolen 438 Sheriff Ruch advanced into the corn- | d, firing a number of shots over tne to of the corn. a” -»bement of the stalks showed tiem the course being taken by the al- d robber, who was aitempting to pe at the opposite side of the eld. urrying through the corn they came nm him as he emerged trom the field the arms of George Ruch and Poud- oy man made no resistance when he rnered, but submitt-d to arrest. returned the money, witich he still in his possession. MAN eabana ANGRY “Atte Bending Bars and Doing Other Hunts He Handles Successor Roughly. eg Weislager, whose fame as a * man is the basis of ambition for y hundred South St. Louls smal) * pare. was fined $ and costs in Wyom- - Street Polos Court Wednesday be- he weed his great strength in * a boss who had ‘fired’ him hired another man. _ pater Judge Kieiber stayed the fine } payment of costs on the representa- thon of Weislager's friends that he had a family. warn you against a of your strength,’ eafd = the "Don't use it to injure your | Pman; use it for the performance was emploved by Jacob yer, a furniture mover, because Fabllity to nandle pianos and other Particles. Monday, Weisiager did | pear for work; Tuesday, when he | mr, he found another man RPurgmeyer was driving out Yan from his piace at 1604 Car Weitslager ciilmbed into the lifted Burgmeyer from bis seat i him to He jpooens. Weislager’ s behalf it was represent- he gave Saturday and Sunday ne of atrength by bending iron ping other phenomenal feais, like working Mon- hot.)|06Ounderstand : hat not lessen Welisiager's 5 he found another man hoid- . Burgmeyer was bruised mm MP. but not badly hurt. sis |=has more Post-Dispatch Sg - : “th % vat * aso tee P oe ISHO WERS. ‘Rain and Clouds Are Expected the variable winds This COOLEK SOON End of Hot Wave Promised and as Forerunner Mercury Opens at 78, Two Degrees Below Yesterday—90 Predicted. ST, LOUIS IS COOLEST BIG CITY IN COUNTRY to Keep Meroury at 85 To- morrow, While Other Places Have No Assurance of Relief. TEMPERATURE RECORD. ldnight : BBs Soewececcves i9 9 & ‘‘Partly cloudy, with probable thunder showers and somewhat lower temperature tonight and Thursday. Variable winds.”’ ITH! the above cheering pre- ~ NO. 332. diction, the local forecast official announces the be- of the end of the _ hot wave which since W ginning Saturday has giv- en a dash of to- basco to life in’ the greater Zwonder 12§ De Simon was éver @ Pieman of thee Rock y Mountains. The first sign of yyy MN, part | of the country east ' ant. the passing was a decrease of two degeees temperature at 7 a. m. Wednestay. Monday an d Tuesday it was 80; Wednesday it was 78—the low: est temperature shown at that hour by any big city. The forecast official says this con- dition will continue throughout the day. He does not expect a higher tem- perature than 90, whereas 94 was reg- istered Tuesday. And the best part of it is that he expects still greater improvement to- morrow, with a maximum tempera- tiire in the neighborhood of grees. Just for lagniappe, the forecaster throws in his predictions about clouds and the probability of thunderstorms. Nobody is particularly eager for the thunder showers; they could not pos- sibly come at a when they would not interfere with some incident of ; summer life. Relief in Breezes. The var able winds are expected to give some relief. There are some St. Louisans who are willing to make oath that a breeze has not found its way into their windows for six weeks. If will only vary enough, all of them should get a share of breeze. The forecast official says that the high which came in Jast week from the ; Southeast and created the atmospheric conditions which caused’ the intense heat, is disappearing gradually, and will be succeeded after the intermis- sion of a “low” by another high, which is moving down from the Northwest. “high” is expected to produce cool weather for at least a little while. t is expected that all Eastern cities, which have been suffering so painful- ly under the rule of the hot wave, will besin to report cooier weather this é\cning or, at the most, tomorrow. The early morning temperature, to- gether with the max mum records of yesterday, were. New York, 80 today, 94 yesterday; Boston, 80, 96; Philadelphia, $4, 98; Washington, §2, 96; Pittsburg, 76, 92; Cincinnati, 80, 88; Chicago, 34; ‘tme Lad is | Nashville, in of the summer. - Louis day than it tee. homes, Kansas City, 78, 92; Memphis, 76, 92; | 78, 94; Louisville, 80, 94; | Omaha, 72, 94. ‘HOW CITY SOUGHT RELIEF FROM HEAT. night was, for thousands of ns, the most miserable night Tuesds : St. Lou days and sultry them in poor shape to withstand another bot night. Their vi- tality wae efhausted, their patience was exhausted and their imaginations were vwverheated. Therefore, they were in @Ondition to suffer, and they did suffer. The struggle against the heat of the Three blistering nights had left in the! |worth) that clause in the city charter ments of OOMTINTIOEN ON PAGE TWO. LOUIS EVENING NEWSPAPER WITH ASSOCIATED PRESS ci inn 0 ST. LOUIs, WEDNESDAY Y EVENING, JULY 19, 1905—TWELVE PAGES. PRICE ( Gutsice — One Cent. Louis, Two Cents. FIRST IN EVERYTHING.” “i -S;|MAYOR RAPS HIMOELF, 10 SIMON'S JOY ——— ee His Honor Refuses to Be a Wit- ness, Making a Statement in Which He Declares Charter Provision for Trial Absurd. CASE AGAINST HEALTH COMMISSIONER ENDED Mayor Takes Matter Under Ad- visement and Promises Deci- sion at Earliest Possible Mo- ment—To File Resume. The trial of Health Commissioner John H. Simon before Mayor Wells on charges of neglect of duty closed at‘ll o'clock Wednesday morning. The Mayor took the case under advise- ment. “I will announce my decision at the} earliest possible moment,’’ he _ said. “There has been considerable~demoral- ization in the Heallth Department on account of this trial, and I am anxious to get it over with and have things re- stored to their normal state.”’ Ex-Attorney-General Crow, for the de- fense, requested five days in which to file a resume of the case after examin- ing the transcript of the evidence which will be made for record, but the -Mayor declined to grant this request, for the reason named. “Your statement must be filed not later than Thursday morning,” he said. Attorney Thomas J. Rowe then arose, and in his most impressive manner said: ‘Your Honor, I request that you take the stand as a witness for the defend- ’* Mayor Refused to Be Sworn. “I will not,’’ replied the Mayor. In a very low voice, looking straight ahead of him, Mayor Wells then made the following ‘remarkable statement: “] desire to say in that connection that the chcerter of the city of St. Louts provides, among other things, that there shall be known as the Mayor, who has general supervision over the affair, of the municipality. He is responsible for .the proper conduct of the different di- visions and departments of the city government, more especially responsi- ble for the conduct of those divisions or departments presided over directly by an appointive officer. “The Mayor has the appointive pow- er, he ts therefore responsible for that appointive officer and responsible for his conduct and the conduct of the de- partment over which he presides. ‘In my opinion (for what it may be that requires the proceedings we have just been going through, namely, the preferring of charges and the holding of a trial of this character, is absurd and if any private business should be atiempted to be operated with any auch provision—it would ge _ into bankruptcy. “IT have had considerable experience iu exercising the appointive power, both in private business as well as public business; in private business for the protection of my personal in- terests and the interests of those I represent. “I consider it my bounden duty to regulate the different departments of that private business, it is to my per- sonal interest to do so;in public affairs I consider it my duty In the public in- terest to reguinte the different depart- the municipality—not my personal interest, but public taterest. “Y helfere that the request of the counsel for the defendant, while made im good faith, is cygually absurd. The request, | mean, for me, the presiding officer in this trial, to appear as a witness, is equaily absurd with the provision of the city charter that pro- vides that the Mayor should go through with this formality to regu- late the public affairs of the city. Theretore I decline to be a witness in this case.” While the faces of the studies City Counselor Bates and Private Sec- retary McConkey gazed in wonderment, with down-dropped jaws. Mr. Crow, Mr. Rowe and Dr. turned one to the cther, grimacing. The crowd tittered. Mayor Welis colored and looked em- baraered. Dr. Simon on the Stand. Dr. Simon was the last important wit- ness examined. The matter of his faii- ure to inspect the Workhouse was gone over, as well as the anti-tuberculoais ordinance, of which he was the father, and his exposure of graft in the City Hospital, “where, according to Dr. Si- mon, “the patients were eating more food in proportion to their number than an army.” “Did the Mayor ever request you to represent him and his administration at any convention?’ asked Mr. Rowe, in an endeavor to bring out the Mayor's one-time confidence in, and friendship for, his appointee. “Yes, sir.” “When were those conventions?’ “One of thea was the National Butcn- Mayor was speaking the interested parties were Simon Smiling and ere ner man eanmaEn pone ts CONTINUED ON P4QB TWO, > a chief executive 1 LEWIS BANK FRAUD ORDER SUSTAINED; MAIL RETURNED O SENDERS; METHODS SCORED oT EEE FEDERAL JUDGE McPHERSON. TALL WOMAN WTI JEWELS, MYSTERI She Is Now in Hospital Where Her Sanity Is Being In- vestigated. DIAMONDS WORTH $2000 Is Taken Into Custody When She Is Unable to Explain Her Position. A woman who gives the name of Mrs. Maude Breanson and says her home is in De Soto, Mo., was Wednesday committed to the St. Clair County, IIii- nois, hospital for five days for obser- vation as to her mental condition. The commitmbent was made by Coun- ty Judge Hay at Belleville after an examination of the mysterious woman who protested bitterly and _ tearfully against any interference with her ho erty. She appeared in Belleville Saturday night. She was hatiless, carried ne baggage, wore a white duck dress of stylish tailoring, and carried a hand- kerchief, a fan and a_ parasol. She went to a private house on North High street, where she engaged a room. She took three evening meéeais al a hotel nearby, but it is not Known that she ate anything e'se. She wore three large rings, which are set with fine diamonds, a tine dlamond brooch. Their es! © value is $2000. She had no moi Tuesday evening her behavior be- came peculiar, and the family with whom she was rooming requested the Sheriff to take chargt of her. He did 20, and Wednesday escorted her before ine Court, She said she was the wife of an Iron Mountain railroad conductor, he . be- ing her second husband. She declare: she had been an actress. She could ‘ell no connected story of why she was in Belleville or how she reached that place, Her personal appearance able. She is almost 6 feet tall, a quite slenlder. She talks as one We: ‘ducated and familiar with the wold Inquiry at De Soto by Bellev! ile offi- ‘als brought a statement tat Mrs. Rreanson was not known there, aand no one had been reported missing Before Mrs. Breanson was taken (to the hospital she ave the shbertf 4% note adcreseed ; “Mr. Rife, stage man- ager Fam Theater, Facet St. Louls HEY! DRIVER ic ~ NED. William Dixon, cclored, who took a load of hay through the city Tuesday was fined $10 and costa by Judge Tracy of City Hall Pollce Court Wedne aday for careless driving He was also fined $10 and costs for disturbing the prace Dixen’s wagon col rs. Bod a buggy of... F. Weir. aged 19, of East St Louts, at Broadway b. 4 Washingto: avenue and Weir's rig was I two of and ited is notice- and Defendant in Divorce Suit Ar- addition he eneges the negro talked in he: tingly to him. ANGRY WOMAR SLAPS LAWYER raigned by Him Cries “You Dog.” TALKED OF FILIPINOS Her Friends Surround Him Leaving Court and Cheers Greet Blow. An exciting incident occurred in Cir- cult Court at noon Wednesday, when Judge McDonald was hearing argu- ments of attorneys for Julius Hahn and Mrs. Julius Hahn, askipg for a modification of the divor#e decree which gives the child to the mother for only. one day in each week. Mrs. Hahn, sitting in the jury box, became angry at remarks made by At- torney William Senn regarding her con- duct with Filipino scouts, because of which, in part, the decree was granted to the lusband. She jumped to her feet and, shaking her fist in his’ face, cried: “You dog, don’t you dare accuse me of such actions.’ Deputy Sheri’ Boepple directed her to return to her seat and the attorney continued the argument. After the Court had taken the case under advisement Attorney Senn, leav- ing the room, found himself surround- ed by a group of angry women who scolded him for his utterances toward Mrs. Hahn during his argument. One of them, ‘Mise Lillie Trenz, aged 1s, struck him with her jist and the others applauded the act. The attorney finally separated self from the group and escaped. Pollard Succeeds Burkett. LINCOLN, Neb., July 19.—Ernest M Pollard was elected to Congress fro the First Conressional District of Ne- braska over Francis W. Brown by 2500. Pollard succeeds E. J. Burkett, now Senator. him- The Bright Little Messeng:rs Who dally deliver thousands of messeges Into the EOMZS of St. Louis Post-Dispaich Wanis } Reliable and prom) ' Try Them! YOUR Droge'st lb OUR Want Ad Agent. STANDARD OIL HEARING RESUMED Attorneys Argue — for Presentation of Trust’s Books and Papers. SHOWN STATE DIVIDED | Evidence So Far Offered Is That Each Company Had District to ltself. Testimony in the proceedings by At- tornev-General Hadley to compel a for- feiture of the charters of the Standard Vil and Waters-Pierce Oil Co. in Mis- souri, on the ground of an alleged un- lawful combination, was resumed be- fore Special Commissioner Anthony in the Court of Appeals rooms at 2 p. m. Wednesday. Arguments will. be heard on the pe- tition filed by Attorney-General Had- ley at the previous hearing in 8t. Louis to compe] the Waters-Pierce Olli Co, to produce all books and papers ir. its possession relating to combina- tions or contracts between the two companies. A similar petition will also be filed by the Attorney-General against the Pepublic OU Co. Mr. Hadley expected to get the in- formation contained in the books and papers when the hearing was resumed at ansas Cily last week. Cofnsel for the defendant corpora- tiog however, protested that sufficient notice to produce the books and papers had not been given. It was in this connection that Judge Eienry S. Priest, counsel for Standard Oil eompared John D. Rockefeller to Dreyfus. Both, he said, had suffered tLecause of devotion to their duty. State Is Divided. Evidence thus far has revealed that the Standard Oll Co. bas divided the State of Missouri, for trade purposes, into three districts. In one district the Republic O'} Co. enjoys the exclusive privilege of selling of], the Waters-Pierce exercising sim- jliar supervision in the second d.etrict, while the remaining district is left to the Standard Oi! Co. itself. One company cannot sell under any circumstances in the district of another coir pany. The reports of the three com gent to 4 Broadway, New home of the Standard Oll Co. Further the testimony disclosed that the Waters Pierce Oll Co, was compelied to gseli out to the trust or else tak: c.anees on being driven out of busl- ness. Mr. Hadley feels confident of winnin ‘he case. He says the State has prov his certention beyond a doubt. e en- titre teatimony will be subrmaitted ~ the Supreme Court walle wth early in the fall when a prompt decision is expected, st. Louls ‘s more Post-Dispatch readers every day t..an it has homes. _“First in overy:hing.” we “Ng are the a t ee . 3 ibd Te Federal Juige McPherson Says: “Knowing Aliegations in Suit, No Intelligent Person Would Invest in Institution and No Hon- est Examiner Would Indorse It.” HOLDS NO JURISDICTION TO OVERRULE CORTELYOU In Opinion He Asks Why Lewis’ Attorneys Don’t Al.ege Stockholders and State Au- thorities Satisfied and Tell How All tha: Loans Are Secured. ? Judge Smith McPhersoa-refused Wednesday the injunction asked by tae Lewis Bank against Postmaster Wyman to restrain him from carrying out the instructor in the fraud order issued by Postmaster- General Cortelyou. He also set aside the temporary restraining order, issued-a week ago, un-— der which the Postmaster had been compelled t ohold the Lewis mail in the local office instead of returning it to the senders, wh-ch he is required to do by the fraund order, and which he will now resume, marking it “fraudulent.” Immediately after the decision Assistant Postmaster Henry P. Wyman gave instructions to clerks to begin stamping “fraudulent” and returning to the senders the thousands of letters which have been accumulating in the Post- office since the restraining order was issued a week ago: It is expected that all this mail will have been sent out by Wednesday nigat. In this opinion, Judge McPherson said, in part: “Knowing only the allegations of this bill, it is strange to me that any in- tellingent person could be found who would invest a dollar in this bank; and a | prudent and honest bank examiner would never, on the information conveyed in thie bill, make a report indorsing such a bnak.” The main decison relied upon by Lewis’ attorneys was a Kansas City © case, decided by vwudge Amidon, in which it was held that a court has the right to review the decisions of the Postmaster-General. Judge McPherson held that, ag this case had been appealed to a higher court, it could not be considered to be the law by him when there were ie ‘ Use of Mails Merely a Privilege. That the Assistant Attorney-General is an officer of the Postottice De- partment, and the hearing of the case by him was. That the right of a person to receive mail is only a privilege, and is not ee constitution al right, That the granting of a hearing by the Postoffiee Department before the was suance of a fraud order is not obligatory. That a court has not the right to review the evidence before the Post- office Department on the ground that it was not sufficient, for th reason that the statutes say it is only necessary for the evidence to be to the satisfaction of the Postmaster-General. "oa Regarding the allegations of the petition asking an injunction, the court said: “It has been seen what the bill charges. As affirmative relief is asked, it is pertinent to consider what the bill does not recite. Did Stockholders Have a Voice? cases decided by the higehr courts holding the opposite view. Judge McPherson held the following to be the law on the several points: brought to his attention in the arguments. : That there was nothing new or wrong in the Assistant Attorney-General refusing Lewis’ attorneys the right to see the reports of the Postoffice In- spectors, on which the citation for a fraud order was based, and that these reports were rightfully considered prima facie evidence against the Lewis bank. “It gives but partial information as to who of the many officers are on @ salary and the amounts of their: salaries, “Who of the stockholders have a voice i nthe management? “Do the original incorporators contro! the election of directors and officers? ‘If all the stockholders vote, is it by proxy, and are proxies voluntary or by agreements? “How often and when do stockholders vote? “What remedy is offered against stockholders who may become liable? “What dividends are promised stockholdera? “Have stockholders equal rights as to voting or as to profits? “The bill recites that the concern is now profitable, but what s showing is there that it will remain profitable? “To who mis the money loaned? “Are the officers borrowing? If in person, or through concerns in which they are interested, then in what amounts? “How are such sums secured? “Are endorsers good?” “If seurities are amle en they be readily converted into cash?” “What relation, if any, does the bank sustain to the publishers of the Woman's Magazine?” “Why -loes the bill not state that the bank is now conducted to the satis- faction of the Secretary of State?” “Why ioes the bill not state that the stockholders, who own the bank, know the situation and are satisfied? “How rouch money was paid in by the incorporators? “If peid in, was it paid from their own money, or did they ee then borrow from the bnk and then pay? “Are incorporators financially responsible? “Why is it called a United States bank when it is a State bank?” Good Men Increase Evil. Continuing the Court sald: “If a business ts Illegitimate, the fact that men of good reputation are connected with it does sot leasen the evti, but targety ageravates it, be-~- eause of the influence. “This case wus investigated by Poat- office Inspectors, who were assigned td the cas& They are Government offi-; cers acting under oath, and aside from the mall route agents, there is no class of Government employes more faithful, more intelligent and more honest than the inspectors. “The Postmaster-General has furis- diction. He received evidence satisfac- tory to him. This evidence, tn his! judgment, was not rebuttal to the prima facile case made by the report of the Postoffice Inapectors. He made findings, and these findings are not re- viewable by this court, and such is the holding of the Court. “It is urged that the evidence on wien} the order was issued was meager, oF lacking, and that the Postmaster-Gen- eral committed an error of law. To suse tain such would be equivaient to s writ of error from the court to review the decision on the ground — it wee not supported by the e« But * did have evidence bufore isn. = may or may not have been legal jJence, or it may have been would be done the bank. It may be” evirience satisfactory to him, “It is mot sufficitennt reason to that by denying the injonetion inteaniene would be done the bank. It my be thst to ftesue the inju . Potused.” Judge Bai ewy, edia the temporary. tinued in force until ‘

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