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pfi 1i X t JtriciAJL irom WASHINGTON Wednesday probably Thursday light variable winds I

TrlCoimty Fair 12MI-

Icotfte

I

a-

NovemberSTREET PAVING

9 to 12 nfnL and 25 Miles of

ou Are Invited CEMENTS DEW LKNow Being Built In Peniacola

VOL XIINO 239 PENSACOLA FLORIDA WEDNESDAY MORNINGt I OCTOBER 6 1909 PRICE 5 CENTS

I IR WALSH MUSTt SERVE 5 YEARSpa

4

Court of Appeals AffirmsDecisionin Case of the

Chicago Banker

WILL APPEAL CASEq

TO A HIGHER COURT

PRESIDENT OF MANY BANKSTRUST COMPANIES AND RAIL ¬

ROADS MUST COMMENCE SERV-

ING

¬

SENTENCE AT THE AD

VANCED AGE OF YEARS UN ¬

LESS THE UNITED STATES SU ¬

PREME COURT REVERSES THEi DECISION-

By Associates PressOct 5The verdict oT thetrial COUIt which found John R Walshguilty of misapplication of the fundsof the Chicago National Bank was

pe affirmed by the United States circuitcourt of appeals here todayMr Walsh must serve the sentence

Sof five years Imprisonment imposedupon him by the trial jury unless thesupreme court upsets todays afflrma ¬

<< lon of the verdict of guiltyThe opinion of the court of appealswritten by Judge Humphrey andbanded down by Grosscup isbrief and confined almost wholly tothe question of criminal intent Theallegation that Juror Palmer was un ¬

duly Influenced Is dismissed with aword rind but little more Is wasted ineliminating the allegation of Inconsis ¬tency and repugnancy

NOT INCONSISTENTThe opinion says that If there is noInconsistency in the verdict as to thesubstance of the charges in the va¬rious counta there is no reason todisturb the verdict on the ground ofInconsistency-

As to Juror Palmer the opinionsays the record oes not show thatany improper influence worked uponthe jury and that the attempt by oneof the Jurors after the verdict to im

f POachJils verdIct can have no conSJd l tri J In theInstructions given the jury

Ay Judge Anderson in the trial courtthe higher tribuna finds no error Asto the lack of criminal intent theopinion reads

Under section 5209 there could bemisapplication of bank funds by an I

officer which would be innocent andnot criminal and there could be mis-application

¬

which under the statuteswould be criminal What would showthe difference between misapplicationswhich were criminal and those whichwere not what would show Innocence-or guilt good faith or bad faith thecourt sought by Instruction carefullyto define and we think did fairly de¬

fineCounsel for Mr Walsh have thirtydays in which to file application for arehear sr by the court of appealsMeanwhile he will be at liberty underhis present bond of 50000

BANKS WERE CLOSEDThe three Walsh banksthe Chi-

cago¬

National the Equitable TrustCompany and the Home Savings Bank

were defied by the comptroller ofthe currency on December 18 1905nearly four years ago At that timeWalsh not only owned these institu-tions

¬

and the Chicago Chronicle butowned nfl or nearly all ot the stock-of the following companies The

1 Acme Gas Company the Bedford BeltRailway Company the Bedford Quar

I pries Company the Chicago SouthernRailway Company the Chicago Wharf

1 lng and Storage Company the IndianaSouthern Coal Company the IllinoisSouthern Railway Company the Lake

Michigan Car Transportation Comany the Mount Olive and StantonCoal Company the Ohio QuarriesCompany of Ohio the Ohio QuarriesCompany of Illinois the SouthernIndiana Coal Company the SouthernIndiana Railway Company the South-ern

¬

Missouri Railway Company andthe Wisconsin and Michigan RailwayCompany

ALL WERE BANKRUPTAccording to the brief of the gov-

ernment¬

on the appeal all of thesecompanies were bankrupt or on the

it when secured by Walshfor little or nothing their securitieswere unmarketable and practicallyworthless Then it Is alleged Wnlh

5 formed corporations to buy thesetompanies from himself taking inpayment stock of the new corpora ¬

tions and enough of their bonds to

Continued on Fifth Page

1 By Associated PressNew York Oct 5Unless some

change of heart shall alter a decisionannounced today by Wilbur Wrightthe spectacular flight made here overthe harbor and up the river yesterday-by the daring Dayton aviator Is thalast which he or his brother Orvillepropose to make in public

Hereafter said Mr Wright today-we shall devote all our efforts to tha

commercial exploitation of our maMines and only fly as a matter of ex-

t

I Dr Cook Got RousingReception PitisburgBy Associated Pras

I PIttsburg Oct 5Dr F A Cookarrived here today From the timehe left the train until he reached the

I Hotel Schenley after passing through-the principal streets in automobilehe was given a hearty reception byscientific bodies business circles andthe citizens of Pittsbu-

rgANNUALI

ARMY-

MANOEUYERS

START TODAY

FOUR COMPANIES GOING INTO

CAMP AT FORT PICKENS AND

ONE AT FORT MRAE WILLLAST TWO WEEKS-

By Associated PressTwo weeks of mimic warfare par-

ticipated¬

In by five companies of coastartillery will start today directedfrom headquarters at Fort Barrancas-and Intended to make up the regularannual army maneuvers for the localarmy

today the maneuvers willextend over until October 20 givingupward of five hundred coast artil-lerymen

¬

thorough drilling In and ex¬

amples of real war All brancheswill take part the hospital signalmedical and others arms

Companies to take part will be the20th 15th and 163rd which will bestationed after today In camp at Fortr1 lhtT99nd eBefore the exercises come to aueZI L

several tugs Will be employed for va-rious

¬

tactics

PRESIDENT AT

SAN FRANCISCO

FOR THE NIGHTWE-

LCOMED BY AN IMMENSETHRONG UPON HIS ARRIVALFROM OAKLAND AND BROOK ¬

LYNLEAVES FOR YOSEMITEVALLEY THIS MORNING-

By Associated PressSan Francisco Oct 5After pass-

Ing the forenoon in Oakland andBerkeley across the bay PresidentTaft was welcomed here this after ¬

noon by an enormous throng alongthe line of march extending nearly I

three miles on the principal streetsSchool children of this city Oaklandand Berkeley cheered the president

While on the bay the army trans ¬port Thomas leaving for the Philip ¬

pines passed the revenue cutter onwhich Taft was a passonger Soldiers I

lined the sides of the transport andthe Philippine constabulary bard onthe bridge played Hail to the Chief

Goodbye boys I wish you a pleas ¬

ant voyage shouted President TaftDoes it make you homesick ask¬

ed a member of Tafts party I

Indeed it does replied Taft Iwould give anything If I was goingwith them

Tonight the president was given abanquet and later entertained at thePress club He leaves at eight In themorning for the Yosemite valley

RECEPTION FOR COOKNew York Ort 5The board of

aldermen today named a committee-to make arrangements for a public recepHcn under the citys auspices toDr Cook tho date to be announcedlater

I The Wrights Will NotFly Public Again I

periment to test the value of what ¬

ever changes we decide to make intheir construction-

Mr Wright added that neither he orhis brother wished to De looked up ¬

on as showing and that all offers tofly for exhibition purposes would oarejected by them

The flight of yesterday said hewas more than an exhibition It was

more like the taking up of a chal-lenge

¬

or the making of a record tostand as a milestone in the historyof aerial navigation

>

CRUSADE AGAINST LICENSEDODGERS URGED BY BOARD

COUNTY COMMISSIONERS

in

posts-Beginning

in

Dr Cook was the guest of honor ata reception of the Chamber of Com-merce

¬

this afternoon Tonight he willlecture here

He is suffering from a heavy coldIn an interview he said In a

short time the public is to be givenfacts and then thereIIl be no doubtwho is the first discoverer of theL9th Pole

80 MEET DEATH

MANY INJURED

IN EXPLOSIONO-

VER

<

ONE HUNDRED MINERS

WERE IMPRISONED WHEN EX ¬

PLOSION OCCURRED AND THOSERESCUED WERE BADLY BURNED

By Associated PressWinnipeg Manitoba Oct 5It is

reported here that an explosion oc ¬

curred this morning in mine No3 ofthe Wellington Colliery Company atNanaime Over one hundred menwere imprisoned and several wererescued badly burned It Is thoughtsixty have perished It is Impossibleto rescue the men on account qt theheat and ga-

sIFATAL STROK-

E1F APOPLEXY

WILLIAM HORAN SIXTY YEARS j

OF AGE FELL IN STREET EX-

PIRING

¬

IN SHORT TIMEBODYPREPARED FOR SHIPMENT TO

OLD HOME

William Horan 60 years of age diedsuddenly last night about 10 oclockfalling on West Government streetnear Baylen when a stroke of apo ¬plexy seized him He was dead whenparties who were but a short distanceaway reached the prostrate form Thebody was prepared for shipment byUndertaker Pou to the old home ofthe deceased in Birmingham-

Mr Horan and a Mr Besser camehere only a short while back fromBirmingham and formed a partner ¬

ship under the firm name of BesserHoran to do gravel roofing skylightgutter and other like work Lastnight for some time the two sat Inthe Plaza discussing various topicsShortly before 10 oclock Mr Besserstarted home leaving his partner Hewas greatly shocked to learn of hisdeath a little later

DIES ABOARD

snurc I

I

ENTERSHARBORI

TIESMERINVILLE A FORMERi

LOUISVILE SOCIETY LADY ANDi

PROMINENT SOCIALLY IN THESOUTH IS DEAD

I

By Associated PressNew York Oct 5The Marquise

Marie Des MontiesMarinville a pas-senger

¬

on the steamer Kron Prlnzeasin Cecilie died aboard that ship justbefore the vossel reached quarantinetoday Death was due to Brightsdisease

The Marquise who was 46 years oldbefore her marriage was Miss MayCaldwell of Louisville Ky and NewYork city and prominent socially hereand In the South Her sister Bar ¬

oness Lodewitz has been notified ofher death and the body will be kept-on

I

the ship until directions are re-ceived

¬

from her regarding funeral ar-rangements

¬ f

TROOPS RETURN HOMESeattle Washn Oct 5The trans-

port¬

Sheridan arrived from Manilatoday with the Twentyfifth UnitedStates Infantry colored of nearlyOnethousand men

Commissioners Instruct theSheriff to Collect Licenses-

or Make ArrestsI

S

LIVELY DISCUSSIONFOR NEW HARD ROAD

COMMISSIONERS PASS SEVER-

AL

¬

INTERESTING RESOLUTIONS-

AND GIVE PERMISSION TO

BUILD TELEPHONE SYSTEM

FOR FAIR RETRENCHMENT

POLICY IS PROPOSED EIGHT

LIQUOR LICENSES GRANTED

AND NOTARIAL BONDS ARE AP ¬

PROVED

Sheriff Van Pelt was instrutced bythe board of county commissioners to

f proceed diligently in thp jaatter orcollecting state and connty licenses

I this year the statement having beenI made by the county attorney in openmeeting of the board that fully 25 per-cent of people from whom a license iscollectable were and have been doingbusiness without having paid the feeA resolution was passed citing the

I sheriffs duties In this particular anda failure to pay upon demand theresolution recited arrests shouldforthwith be made The sheriff waspresent and when he sought a little

i Information was given all he askedi for Supporting his claim that a per-i centage of taxable businesses andI callings were operating without hay-ing paid the necessary license County j

Attorney Morgan said that speakingfor himself he had not paid county

I license as a lawyer and doubted if a j

majority of the legal lights In the cityhad ever done so simply because theyhad never been compelled to do snThe sheriff said he would get behindall I stand here ready tonight asat all times to do my sworn duty andno one can dispute that r do such duty-as I see it However as the resolution requires I am goingto detail a-specuSrnnanon that espQialosinesso1 thy nrst jr TfoTfuRtei11 iMrr VarrPelt said The attorney remarkedthat he could make mOl money onthat line than by catching niggercrap shooters to which some of theboard nodded assent The sheriff ex ¬

pressed his determination to see thatevery taxable line pays j license thisyear and for every Year too as longns he holds the office The resolu ¬

tion which provoked the above wssIntroduced bv Commissioner Steward-

A BREEZY DISCUSSIONI A petition sent to the board for thsreestablishment of the hard road

I from the L N railroad at Gon-zalezf to the west bank of tne Escam

i bin river at what is known as the-i lower bluff produced a breezy dis-cussionI The petition was champion-ed

¬by a Mr Dexter who was accom ¬

panied by C H Jackson 1 Coker andseveral other gentlemen while theroute mapped out was objected to by-a Mr Davidson through whose landthe road would pass Both sides ar ¬gued their respective strong pointsand Messrs Davidson and Dexter got

I into personalities to such an extentonce or twice that the chairman rap ¬

ped for order The discussion was j

lively consuming more than an I

hours time and at length the peti-tion

¬I

was passed Commissioner Davis J

voting agaInst it Then Mr Davidson-the defeated champion called in aloud voice Mr Sheriff Mr Sheriffaint he here Chief Deputy Cucarkresponded Addrfsslns him Mr Dividson said JMr Sheriff you arethe only one to speak to about it Myfence is there and you are the one to j

cut it but dont you come up there-to cut it unless you have authorityfrom the highest court In the landWith such a remark the gentlemanleft The commissioners namedMessrs J M Tate R N Staples and-C J Hudgins as a board to lav outthe road The regular order of busi-ness

¬

was then resumedPHONES FOR FAIR

President Stillman of the East Pen ¬sacola Heights Company wrote theboard for permission to erect tele-phone poles north of the presentcounty bridge and also along andthrough certain streets hnd avenuesin the new suburb the telephone line

Jto be opented In conjunction with theSouthern Bell Company and to be inoneration for use at the TriCountyFair next month Permission desir ¬

ed was granted providing poles werenot fastened to the county bridge andwith the additional provision that i

poles in the district would be set farenousch back not to Interfere with thepublic roars

TO RENT ARMORYPermission was granted for use of

the armory hall on the night of No ¬

vember 25 for a benefit dance therental to carry with it an understandin that the hall be left in good condi ¬

tionTO REPORT DEPOSITS-

A written suggestion from the stateauditor concerning county bank de-posits

¬

was read The susrsestlon wasthat a monthly report of all depos-its

¬

be rendered the board bv thetreasurer such renort to be accom ¬

panied by bank certificate of correct-ness

¬

A resolution was passed requir-ing

¬

such a report The auditor in hisContinued on Page Two

I

1

S

CJPTAiN AND CREW OF THE-SCHOONER COLT RELEASED

g

Charged With Stealing-His Uncles Better Half

By Associated PressKansas City Mo Oct 5Charged-

with stealing his uncles wife Ed¬

ward Sinpson was arrested here lastInight by the police on a state war ¬

rant issued from Justice James BShoemakers court Mrs Mary Simp-son

¬his aunt the wife of a Cincinnati

wholesale merchant was also arrest-ed

¬

Hine Simpson the husband who

STONE GIVEN

DINNER ON EVE

OF DEPARTUREGE-

NERAL MANAGER OF ASSO ¬

CIATED PRESS BANQUETED BY

FRIENDS BEFORE STARTING ON

A TRIP AROUND THE WORLD-

By Associated PressNew York Oct 5on the eve of

his departure for a trip around theworld friends of Melville E Stone-

i general manager of the AssociatedPress gave him a dinner atthe Lotus Club here One hundred-and thirty guests were present Ineluding many of the most prominent-men in the United States and appro ¬

priate addresses were madeAfter the dinner Mr Stone was

presented with a handsome shield asa souvenir pf the occasion

TREATINGHABIT-

IS CONDEMNED

BY GERMANS

NATIONAL ALLIANCE ADJOURNS

AFTER PASSING RESOLUTIONS

FAVORING A MERCHANT MA ¬

RINE AND OPPOSING TREAT-

ING

¬

By Associated PressCincinnati 0 Oct 5Wlth the

adoption of resolutions favoring amerchant marine condemning thetreating habit and opposing any

acton of states restricting manhoodsuffrage the session of the NationalGerman alliance adjournd today

Yfsrt rday Milwaukee was selected-as the next meeting place

D1 FRANK LLOYD

IS ATTORNEY OF

CUSTOMS CTJi

NEW YORKER IS NAMED FOR THE

IMPORTANT POSITION AL ¬

THOUGH NONE OF THE JUDGES-

OF THE COURT HAVE YET

BEEN APPOINTED-

By Associated PraWashingtdn Oct 5The appoint ¬

ment of D Frank Lloyd of New York-as assistant attorney general of thecustoms court of appeals was an ¬

nounced today The appointment-is under the new tariff law whichcreated this court None of thejudges or other officers have yet beenappointed-

COL WEAVER CHOSENWashington Oct 5COl Jos JC

Weaver of the National Guard ofPennsylvania was today elected pres ¬

ident of the Assosciation of MilitarySurgeons of the United States Rich ¬

mond Va was chosen as the nextmeeting place-

SALOME DANCER DISMISSED-New York Oct 5The case against

Gertrude Hoffman arrested in July atthe close of her Salome dancecharged with an improper perTTmance was dropped today The dancehas been discontinued

secured their arrest is in the cityI and says be will prosecute both hiswife and his nephew

Simpson the nephew is a married-man His aunt is the mother of aneightyearold boy and the boy wasfound here with the couple

The Simpsons had lived at WestPark a suburb of Cincinnati OhioMrs Simpson Is 43 years old Thenephew is 37

I

HENRY WHITE

LEAVES FRANCE-

NOVEMBER 3

UNIVERSAL REGRET IN PARIS

OVER RECALL OF AMERICAN

AMBASSADOR WHO RESIGNED

WHEN TAFT WAS ELECTED

By Associated PressParis Oct 5Henry White the

American ambassador to France sailson November 3 for the United Statesnot to return His recall has causeduniversal regret here White resign-ed

¬

following the election of Presi-dent

¬

Taft and his resignation was ac-cepted

¬

It is understood that Robert Ba-con

¬

exsecretary of state is to suc-ceed

¬

hi-

mMRSI LARGUE

DIED AFTER A-

LONGILLNESS

LONG AND USEFUL LIFE OF LOV ¬

ABLE WOMAN ENDEDNINECHILDREN AND HUSBAND

MOURN HER DEATHFUNERALTHURSDAY AFTERNOON

I

Mrs Amelie Largue 56 years ofage a lifelong resident of Pensacoladied last night at 1130 oclock at thefamily home No 524 West Gardenstreet The funeral will be heldThursday afternoon but the hour wasnot agreed upon The services willtake place at St Michaels church andInterment at St Johns cemetery-

Mrs Largue is survived by a de ¬

voted husband and nine children Theare Mrs C R Burgoyn

Mrs A A Wrighton Mrs J M Priceof Detroit Mich Miss Lillian Largue-and Messrs M J James Jr C GErnest R and Alver Largue Numer-ous

¬

other relatives reside hereMrs Largue was a lovable woman

and those who knew her intimatelyrealized this A Christian soul sheendured long illness with the fortitudewhich can only be undergone by aloving mother a devoted wife Al ¬

though the illness which proved fatalwas but of camparative short dura ¬

tion she had been in bad health forweeks but never a murmur frompain she Is known to have sufferedescaped her lips Her death will be asevere chock to scores of friends

PROTEST ON GUM ROSINREFERRED TO APPRAISERBv ASlloctl ed Press

Washington Oct 5The protestsfrom Henry Blun Jr of Savannahsaying wrong classification in thetariff law was admitting gum rosinfrom abroad without duty has beenreferred to the appraiser at Phila-delphia

¬

for decision

By Associated DresNew Orleans Oct 5The dlstribu j

tion of rations tenth blankets andmattresses was today begun by thefederal government under the direc-tion

¬

of LIeutenant <3olonel Foote ELS A to the storm sufferers of Terrebone parish La More than 2000persons have sought the relief thusafforded-

For two weeks the citizens of Terrebone parish aided by people of othr sections of the tate have carried

J

Mexican Officers Insist onHolding the Vessel How

ever As a Prize

MEN TO REMAIN-AT PROGRESSOO-

WNERS OF THE SCHOONER WILLENDEAVOR TO GET HER RE ¬

LEASED CAPTAIN SCLEASEWRIT C IM fU AT tttn 0 n I 1 WV CI I

NEAR THE REEFS TO MAKEREPAIRS WHEN MEXICAN GUN ¬

BOAT CAME UP AND MADE THEARREST-

A

I

telegram received yesterday bythe Warren Fish Co owners of thefishing schooner Caldwell H Colt re-cently

¬

seized by a Mexican gunboaton the charge of poaching states thatUaptain Sclease and his crew havebeen released from custody after re-maining

¬in charge of officers since

Sept 24th The wire came from theAmerican consul at Progresso towhich port the schooner was towed bythe gunboat The wire also statesthat the authorities insist on holdingthe vessel as a prize

The owners of the vessel Imme-diately

¬

wired for the crew to remain-in Progresso having already sentmoney for their maintenance whilethere and will endeavor to securepossession of their vessel which Isone of the finest in the fishing tradeThey desire that the crew remain togive testimony that the vessel was notpoaching on Mexican fishing grounds-but had gone near the reefs for thepurpose of making some repairs

COULD NOT COMMUNICATE-The firm also received a letter yes-

terday¬

from Captain Sclease whichstates that he and his crew wereprisoners and up to that time had notbeen allowed to communicate withthe American consul Inasmuch asthe letter Is dated Sept 26th and themen had already been in custody fort1vr tlsys-received imt h a 15

here was on Oct 1 It is evi-dent

¬

that a week passed before theywre allowed to see the American conwere allowed to see the American confollows

Progresso Mex Sept 26 1909Warren Fish Co Pensacola Fla

Dear Sirs After we were outfour days we had a big storm and webad some damage done and we wentnear the reefs to have some repairsmade when the Bravo a Mexicanin an of war cam up and took ustowing us to Progresso We havebeen here two days They took allthe papers of the vessel

We cant get ashore and theywont give us any satisfaction Twoofficers and six soldiers are aboard allthe time to keep watch

If I get a chance I will see theconsul and find out what they aregoing to do and let you know Womight have to go to Vera Cruz

Yours trulyJOS SCLEASE

AMERICAN MISSIONARY ISACQUITTED OF LIBEL CHARGE

By Associated PressLeopoldville Belgian Congo Oct 5Rev W H Sheppard the Ameri-

can¬

missionary was today acquittedof the libel charged by one of theCongo concession companies whichhas a monopoly for rubber gathering-in the Karaim region The chargeswere based on newspaper articlesThe company sued him for six thou ¬

sand dollars-

AMERICAN WARSHIPS ARENOW LEAVING NEW YORK

Bv AB nriati d PressNew York Oct riTho American

warships here during the HudsonFultop celebration have begun dispersalFour left yesterday and twelve todayNo announcment is made as to whenthe British French German and Ital-ian

¬

vessels will sail

WON 10000 PURSELexington Ky Oct 6In the pres-

ence¬ o

of eight thousand persons at-tending

¬

the opening of the KentuckyHorse Breeders meeting this afterSpoon Baroness Virginia owned by aTerre Haute Indiana firm won theKentucky futurity a fourteen thou ¬

sand dollar race ten thousand going-to the winner Czarevna was second

Distributing Supplies toHurricane Sufferers

on the work of supplying the vic-tims

¬

of the hurricane of September20 in that section with necessities ofMfe The assistance directed by theUnited States war department Is pro ¬

nounced as very opportune Suppli-ed

¬

with tents and provisions theformer occupants of the fishinggrounds on the Terrebone coast arenow provided with the means for re-moval

¬

to their former settlements arestoration of their homes ad a re-sumption

¬of their occupations

t1