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VOLUME FORTY-ONE 1 SjSTOIgf *.i-yr?*:;r '• '•"Mt;, .-r';i". .-. MARSHALLTOWN, IOWA, TUESDAY, AUGUST 17, 1915. ? - ,' £ '% *

rwm mj*if 1 *> '* a y *d , • • J-> NUMBER 188

r»< #

t^lP ?«#!

FROM PRISON AND HANG HIM *„ ~*

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A. '

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0.-

Prisoner Serving Life Term For Murder of 1 Mary Phagan Lynched by Armed f

ri vf Band of Men. ;t, ' " " ; .

S'k? ^ <r -

J ILLEGALLY EXECUTE FRANK MILES FROM STATE PRISON FARM WHERE SEIZED '• ••HPTT <• '

Captors Hurry Frank Overland in Autos to Point Near Home of Mary Phagan, Factory Girl, Whom Erank

' Was Convicted of Murdering:—Plans oC Party Well :7 Laid—Wires Cut to Prevent Alarm and Immediate

s Pursuit—Warden and Keeper First Captured and Overpowered—Body Found by Posse of Pursuing Officers—Murder of Girl, Arrest and Trial of Frank

|5 and Effort to Secure New Trial Attracted Attention " of Entire Nation—Final Commutation of Sentence

-' Leads to Exiling of Governor. j;: J?

i; - .„ . . .- , .. .. - ».v.••••„

V M a r t e t t ^ Q » . . A u » . 1 7 . — L e o M . m u n i c a t l o n - w i t h M i l l e d i g w i l l e I n t e r -ii tRv«nk, servlnK a lite term far the immediate pursuit was tmpos-K der ot Mary Phagan. the Atlanta fac- J of deflntto news that Frank '•}',. ;v lory firl, and who was taken from tnej sui been lynched caused many to be-• ' ' prison farm at Mllledgwville laat night, lieve that possibly friends took hlro

be afraid to go back home. I'm going to spend the rest of my life there. 1 would not hesitate for a minute to re­turn. I'll be back by the middle of September."

History of Frank Case. Leo M. Frank was found guilty ot

the murder of Mary Phagan on Aug. 25, 1913, and sentenced to be hanged. He was the superintendent of the Na­tional Pencil Company at (Atlanta* in the basement of which the girl's body was found by a night watchman on the night ot April 27.

Repeated attempts were made in the courts to obtain a new tri^l for Prank but without success. Efforts to obtain a writ of habeas corpus in the fed­eral district court at Atlanta and Anally in the supreme court of the United States also were futile.

On the night of June 24, this year, two days before the date set for Frank's execution, he was removed from the county Jail in Atlanta and rushed to the state prison farm upon orders from Governor Slaton, now re* tired. The next day the governor an­nounced that he had granted a petition made in Frank's behalf asking that his death sentence be commuted to life imprisonment.

A few weeks ago an attempt was made by J. William Green, another life term convict, to kill Prank by cutting his throat. Frank's condition was se­rious for some days but it was an­nounced recently that he had recov­ered.

W COAST 'S;

Galveston and Other Texas Towns Damaged by

Storms. .'••V.

WATER IN STREETS FIVE FEET DEEP

Damage to Property and Loss of

Crops Enormous—Meager Reports

Received by Wireless and Gathered

From Fleeing Residents Indicate

There Has Been No Loss of Life-

Houston and Othir Towns in Path.

ACUTE SITUATION ON TEXAS BORDER

m •%r

m

was lynched two miles east of here today by the armed party which took him/ He was hanged to a tree.

gYsnlt | was brought 100 miles from the prison <km to a point almost within the sight of the former home of JSary Phagan. No shots were fired.

; Vtiuik'a body, barefooted and clad *^bn£ in prison trousers and) shirt, was

fowA at >:*0 this morning. It is be-4 ? lleved toe was lynched about daylight.

1 ' Offioecs Find Body. , .MtMiistU loaded with men left^here to the direction of Milledge-

£**. ***r hearin* ofjK,m:

ffThe«.to. today officers started out on the road -which they believed toe afitds tobk. They had gon* only two miles when they saw Frank's bodjrnofc more «*—" 1M ya«J» from the coadslde.

n£ws that the l>ody hwT been found spread rapidly and within a short time hundreds of peop!e_w«f ins to the scene. No immediate effort

to cut the body dowj. as Sheriff Hicks -was not in town and the

* :X i>T

Mexicans Fire on Troop of U. 8. Cav­alry Across Border Near Progresso —Carranza Receives Stolen Amer iean Horses. at1.

Brownsville, Tex., Aug. 17.—The bor­der situation along the lower Rio Grande assumed a threatening aspect today. Gathering of Mexicans in force last night at Progresso, on the Rio Grande, thirty miles abova Browns ville, and their daring attacks across the river on a troop of the Twelfth

party. Frank was sufficiently recov­ered from the wound in his throat in flicted by another prisoner a month ago, to leave the prison hospital Sun-dty.

Jailer Tells ef Seizure. "I was called to the door just as I

was going to bed," said Capt. J. M. Burke, superintendent of the state prison farm today. "Two strong men grabbe-l me and snapped handcuffs oa me. Pour others stood guard over me. I remonstrated and they declared it was no use for ue to squirm, as they had come for FVani and Were gibing to get him.

"I was zqarched tip to th^ penlten-ttery . building by a guard, which was doubled as we went on. When we got there the gate was unlocked and the night guard came forward, but he was covered and order to throw up his hands. When half way up the steps a dozen men rushed by and made a dash for Frank's room. One prisoner said

no action. that four men took Frank by his arms coroner t»,« gtoo at the. and legs, while a fifth grabbed him by . IIL" T-ittle River near Eaton- j the bair, and he •was 5raggei out and • «rh«*n the armed party talked | bumped down the stone steps. Frank

M>a fired shots, was a ruse to did not say a word, but apparently was h i v TMirsuera The vicinity of the suffering intAn*«iv bridge was thoroughly searched and

the search was made It j«

a™y*n<Vhat dl8Play °' the rope, United States cavalry, was not the and Ujo shooting were part of a plan | only aggravating feature of the situa­te cover the real intentions of the! tion.

*t the time the search probable Frank already had met death.

Body Finally Cut Down. ' Frank's body was cut down at 10.15 this morning, but not vant\l one of the spectators spoke to the^ crowd advo­cating a mutilation of the body.

Nelson A. Morris, former superior 'court Judge, Immediately pleaded with the throng to allow an Inquest to take t, prS-r comtie. A vote was taken. Itwas overwhelmingly in favor of al­lowing the coroner to take charge of the body. It then was cut down and tEe two-mile trip to -MariettajStarteA

At the suggestion of Newton A Morris, the "body was ta^en t0 ^® undertaker's from the ^on ^ which it was put at the scene of the lynch-lne, and put into an auto on the out­skirts of the town. The auto started toward Aflanta. : r

FORCIBLY TAKEN FROM PRISON.

Capture

suffering Intensely, and groaned from pain inflicted in handling him in his wounded condition. The affair was all over within five minutes, it seemed to me.

Leader Doat Talking. "I>urlng the entire time I was hand­

cuffed and guarded. The whole pro­cedure • was well ordered and meth­odical, and only a few words were spoken. A leader did all the talking. Only two of the men were masked, but I did not know any of them. The leader said, 'Now, boys, for the swamps.' Then In less than it take to tell It, they were off."

Mrs. Frsnk Not Surprised. Mrs. Leo M. Frank received the news

of her husband's hanging in a manner that led those present to believe she had been expectihar it. She was pre­paring to go to an uncle's home at Athens, Ga_, when she was told what had happened. She Is bearing up welL

Parents in Sselusion. New York, Aug. 17.—-When Ran­

dolph Frank and 'his iwdfe, parents of Leo <M. EYank, learned that their son had been lynched near Marietta, they drew the shades of all windows of their home in Brooklyn and- refused to answer the bell or phone.

Neighbors said the Frank family had begun an eight day period of mourn­ing, which was customary under the Jewish religion.

' Well-Armed Party of Men Frsnk Early in Night.

, MilledKevill* Ga., Aug. 17.—A well v - organised . party of armed men who

m Ave autos attacked the Georgia state penitentiary last night, took Leo

* -a-'Frank. serving a life term for the mur-'der of Mary Phagan at Atlanta,, from a dormitory and escaped with him.

S3'' For hAurs after the attack no trace ; governor slaton indignant

" sicked UC> the trail at a point on Tilttle River, near Eatonton, Ga. J. K. Jack-

• s6n a white farmer, living near a : bridge over IJttle River, said that . sliortly aifter 12 o'clock he heard aw-'tiral'f"*"* ston there. Soon after lie

I^M'-ssald ha heard talking and then shot* E*S&He 'heard the autos leave In the dlrec-

sitlon. of Eatonton soon after the flrtng. " '^A'lratried search of the Immediate v»-

' elnity failed to reveal anything that fiHlSvwtwM indicate that Frank had met spS? •- jnnranary there. p ' / T h e man arrived «t the prison farm E* ' practically unnoticed. All means of

" /wire communication from the institu- piltton to Mllledgevllle, three miles, were

£ ' destroyed and all wire* except one -v^ttcphone line from Mllledgevllle, were

r ^v*!ldso out. Warden 'Made Prisoner

>5 if Five men went to the house of "War-^' deh J. T. Shntth, aiwakened Wm, ana >^*miltdli him prisoner. At the same ttma Wfi small squad of men went to the home ^.jut J. M. Burket superintendent of the . vtfcnn. 9urke was forced to go with vTthem to the gate nearest the dorml-

Tha jarty rushed In. seised -vfviuK a^hurrl«d him to one of tfte

He was forced <Jown into the , V"car while a mMkdxr of the party is

,v ' jeid to have flourished a rope in front | ;."of "him. /Those who 'had been guard-

> t'inC Warden Smith left him and Join-pa ty .at the gat* The anfios

Jien started off In a northerly direc-

k , . Just Out ef Heepital. •' ' With only a limited number

Man Who Commuted Prank's Sentenee Says Frank's Lynching Is Outrsge. San Francisco, Aug. 19.—Former

Governor John M. Slaton, of Georgia, who as chief executive of . that state commuted fto life Imprisonment the sentence of death jwuMed upon Leo M. Prank, and who le here visiting the Panama exposition, r was Informed early this moni1n|r that Frank had been lynched. He expressed himself as deeply shocked <ai$ Indignant. \

"The aot was a consunasata out­rage," Mr. Slaton said, "and evary man in the lynehlhg should be hangM, for he is an assassin. CHteh an aot Is con­trary to tile civilisation of Georgia, and one which every good ettlsen will condemn. I beliave the governor of Oeorgla will use all the power of the state to punish the malefactors who disgraced the etrtlisatlon of < Oeorgla. If I knew of any etronger language, I would use It"

To Return te Georgia. Mr. Slaton will leave here probably

tomorrow for a i?Mt wMh mends i on a ranch. He and Mrs. flUjqH^^rl go to I»s Angelea in about a w«ek, tten to San Diego to visit 4ha exposition, and after that to their home In Georgia. •-

"Of course, I'm not afraid to go back to Georgia," said, "Thin aot .of

Authorities here received reports that thirty-flve horses, Including sogie recognised as animals stolen by ban­dits in recent raids on.the Texas side> were delivered this week in Mata-moras, the Mexican town opposite here held by CtaTansa troop*.

Delivery ot these horses asid the fact that the Mexicans at Progresso had been gathering openly and In large numbers for days created the suspi­cion that Canansa officials were las In discipline or without sufficient de­pendable troops to cope with the ban­dit element on the Mexican side.

Fight Near Voreler. Last night a twenty minotesr Tight

at Progresso was fought by Mexicans on the Mexicail side ot the Rio Grande and no Mexicans got thru the Ameri­can army patrol In United States ter­ritory. This was the report today of Col. Robert L. Bullard, commanding officer of the Brownsville district.

Colonel Bullard strengthened the patrol about Progresso and Mercedes yesterday afternoon, forces that are there being cavalry and Infantry.

Reports by Mercedes officials last night that more than 100 Mexicans had crossed Into Texas under cover are not true. Officials who were In the Progresso fight said they were sure that all firing came from the Mexican side of the river.

RAILWAYS PLACED IN RECEIVER'S HANDS

people of my atatial ' It Is the act of ~+: few criminals. All the ".power'.of thai1

state will be exerted to punish them. "Why, it's a reflection on the good

that rd

. ...... \ - - *•- ••• -**-r

Benjamin F. F, Bush Takes Chsrga of Missouri Pacifie and St. Louis Iron Mountain—Will Make Possible Re­organization of Company. X

• * ' • * " '

St. Louis, Aug. 17.—Benjamin F. P. Bush, president and chairman, of -the board of directors of the Missouri Pa­cific and the St. Louis, Iron Mountain & Southern, railway, was made sole re­ceiver of the two lines by Circuit Judge Adams at Woodstock, Vt., today.

The Missouri Pacific and Iron Moun­tain system today consented to the ajp-T>ointment of receivers as requested late yesterday In a petition tiled In the federal district court

The Missouri Pacific filed an answer stating that the allegations In the re­ceiver's suit were true.

The railway company asked that B. F. Bush, president of the Mlsouri pa­cific and Iron Mountain be appointed receiver. The Commonwealth Oteel Company which tiled the receivership suit Joined In this request. The mat­ter was presented to Elmer B. Adams, United States circuit court Judge In 8t. Louis at his summer home in Woodstock, Vt, today.

It developed today that the purpose of the receivership is to make possible an early, financial reorganisation ef the company. t

• • • • • ^^ Ames College Romanes.

Special to Times-Republican. Nevada, Aug. 17,—A wedding ot In­

terest to Nevada people as well as «t Ames and Iowa State College was that of Prof. W. H. Meeker, of to** (State College, «o Miss Ethel Underwtiod, Who has been connected iw<th the college in 4 cJerloal capacity for the past sev eral years. While the marriage had been expeoted for some time, lit came as a surprise to their friends, On Sat­urday Professor Meeker and Mis* yta-derwood stole quietly out of Ames and to Des Moines where the ceremony took place In the evening at the home of the bride's brother, Dr. J. R. TThdar-Yood, Dr. O. H. Cessna, chaplain, per­forming the ceremony. They returned to Ames the next day and igJU fetalfe. that their home. '* l"»

Young Farmer Dies of Injuries.' Waterloo, Aug. 17.—Msrlus Holfn,

lynching Prank-Is notthat of the g*o$4:aged 22, the young fanner, who ssverly injured when ha 'on the tines of * pMohfork In a fan from a bay stack Saturday Afternoon, died at his home at New Harttwd this morning. He

Dallas, Tex., Aug. 17.—Only meager information was available at noon to­day concerning the tropical storm that yesterday struck the Texas coast, flooding Galveston, and then swept in­land, doing "heavy damage to crops and farms. V"§j| *;

So far as known* no lives were lost. Galveston, Houston and Beaumont, three of the principal cities of south Texas, were still cut off from wire communication. A brief wireless mes­sage which said that Galveston, after weathering one of the worst storms in fifty years, was under five feet of wa­ter. brought the only definite informa­tion in several hours concerning the fate of the coast city, conoerning which many rumors have been afloat.

The Galveston dispatch made no mention of loss of life. It said the five feet of water in the streets was drained away itnd that fires; probably the re­sult of flood dsmagtf. had been placed under control, ft aald also that the United States transport McClellan had broken from her mooring and drifted half a mile to sea. The wireless sta­tions at Port Arthur and Fort Crokett were reported out ot commission. ,

Many PMvClly. About 5,000 persons are estimated to

have left Galvestop for Houston and other points during the thirty-six hours preceding o'qlock last night, fleeing from the 'storijJ.

Hundreds of residents of other small coast towns were reported also to have left their homes and hurried to safe places away from the ooast but there have been no reports that the storm did damage to any of these places. Sabine and Sabine Pass were cut off from communication with the outside world. At the same time the wires failed to Beaumont and conditions there are uncertaiji, but it was report­ed early today that halt the popula­tion of about 1,000 in the two places had left. ' Many bath houses and small build­ings' were blown down at these small towns, however, this was the extent of the damage, according to reports. Not a single life was lost, according to a report at 4 o'clock this morning.

Victoria early yesterday afternoon reported the destruction of a few small houses and nothing farther was heard from there during the night-

Greatest Damage to Crops. Houston, Beaumont, Galveston and a

group of smaller towns were cut off and for a time all lines to San Anto­nio %md Austin were out but commu­nication with these latter was re-es­tablished. Reports from Galveston last night by late arrivals in Houston tpld. of comparative quiet among the people.

Tne streets of Galveston were re­ported filled with rain water, but the level of the sea water was several feet below that of the city last night. Earl­ier reports of water from the Bea run­ning thru the streets were believed to have befn incorrect

The /.'eatest damage is that to crops and farms along the coastal plain. It is believed most of the people have taken advantage of a government warning and escaped.

Cauaeway Damaged. " No direct word concerning the sea wall and causeway upon wihich Gal­veston's existence In - storm times de­pends has oome from the city itself. Reports from various sownces, how­ever, state that large sections of the causeiway, which connects the city with the mainland; have been blown away. One report said that a large vessel -had been blown thru the cause­way. At the offices of the Santa Fe railway at Temple, Tex., it was said that two work trains had been order­ed to the coast to help In repairing the damaged causeway.

Like Storm of'1900. •While wire communication with Beaumont and Houston remained cut off, lktle anxiety <waa felt for those cities as they are some distance from

coast and are believed safe from high' gulf waters. '.While more definite reports concern­

ing damage along the coast were •waited', the storm apparently had swept inland. No definite reports con­cerning inland storm havoc were avail­able. United States weather bureau officials said that from reports the steam must have moved Inland in a northwesterly direction west of Gal­veston, heading for central Texas. Barometric disturbances, the weather Observers said. Indicated that the gtsrm path might be similar to that of t|i great storm Of 1900, which swept 'over Galveston, destroying the lives of •,000 ipersons, and then went north thru Oklahoma, Kansas and Iowa.

Sea Wall 8avee City. • In addition to Galveston, Houston aad Beaumont, a group of lesser cities were cut off from communication with the outside worlds but the greatest anxiety was felt for Galveston. Per­

sons familiar with conditions In that city believe the water which reached a depth of five feet in the street was from 'heavy rains and not from the sea. Latest Galveston reports men­tioning-the sea wall said that struc­ture was holding back the storm-lash-ed gulf perfectly. Reports that sev­eral vessels from Galveston Had foun­dered In the rough water were uncon­firmed.

Already preparations have been made here and in other cities near to rush relief where it will be needed as soon as transportation and communt cation had been repaired.

DIRECT WORD RECEIVED.

8torm Over and Waters Receding From Galveston Streets.

Galveston, Tex., via wireless to Fort Sam Houston, and phone to San An­tonio, Aug. 17. — Galveston today had passed thru one of the worst storms within the past fifteen years and now is ready to repair the damage done by last night's hurricane.

Five feet of water stands in the streets andjs slowly draining off. Two fires started Today are yet to be placed under control.

The transport McClellan late last night broke from its moorings and drifted half a mile out to sea. The commercial wireless at Port Arthur is out of commission and the big aerial masts at Fort Crockett are down.

8torm Hits City Before Noon. The storm struck the city late In the

forenoon at a velocity of thirty-four miles an hour. At noon lt_had in­creased to sixty miles an hour and during the late afternoon fluctuated to sixty and seventy miles an hour, blow­ing in a northeasterly direction and In­creasing in velocity toward night.

The only damage reported was the d e s t r u c t i o n o f w i n d o w p a n e s a n d i n ­secure woodwork on exposed build­ings.

A heavy rain fell thruout the day and tonight.

Citizens Seek Safety. It is estimated that 5,000 persons left

Galveston by train, interurban, and au­tomobiles during the last thirty-six hours. Tonight practically all of the homes, especially those on the beach, have been evacuated and the people are gathered in downtown hotels and public buildings.

The life-savins crew was held in readiness during the day, but there has been no occaston for its use.

The city is in darkness because the wires of the lighting system are out of commission.

Warning of the tropical storm was given to shipping in ample time and no vessels left port today. Several ships are due here and have reported as standing by several miles off shore.

Operator Driven From Key. Temple, Tex., Aug. 17.—After losing

their wires to Galveston early last nlg^t the Santa Fe officers here re­sumed communication with Alvin, mid­way between Houston and Galveston, for* some time, finally, losing the wire again- when, the' operator at Alvin stated that, the water was about to cover his desk and/he would have to leave. Before going he said the water in the vicinity • ranged from three to ten feet deep.

Alarm at Temple. %

Santa F> officials this afternoon said they had had no communication from Galveston since 6 o'clock last night. There is a fierce gale blowing and rain i<i i"a.illn?r. Plate glass windows have been blown In. Trees are down and reveral buildings unroofed. Consider­able alarm is felt here.

Storm Still Raging. Topeka, Kan., Aug 17.—The general

officers of the Atchison, Topeka & Santa Fe railway here today received a report from the agent at Wallls, Tex., the nearest point to Galveston with which the local officials could com­municate, that the storm was still raging there, while the wind had a velocity. of seventy-flve miles an hour.

HAITIEN COAST 8UFFERS.

South Side of Island Devastated— Towns Destroyed.

Port Au Prince, Haiti. Aug. 15, (de­layed In transmission.)—A violent hurricane has devastated the entire southern side of the Haltien republic There have been many victims in the towns along the coast.

The town of Aux Dayea, nlnety»-two miles southeast of here, and with a population of 25,000, suffered particu­larly. The town of Grand Grenad Zlelle, and Petage Zllle, were destroy­ed. In the interior heavy floods are reported. The coffee crop is in part destroyed. All communication by tele­graph or cable with the devastated dis­trict has been cut off.

NOTE ON FRYE CASE PUBLIC.

United States Agrees to Submit Treaty Dispute to Arbitration.

Washington, Aug. 17.—The Ameri­can reply to Germany's last note on the sinking of the ship W. P. Frye, made public here today by the state de­partment, accept* the proposal that damages be fixed by a mixed commis­sion and that the disputed treaty pro­vision be submitted to arbitration at The Hague, but calls on Germany for a statement meanwhile, as to whether she Intends to conduct her future naval operations in co-ordinance with her interpretation of the Prussian-Ameri­can treaty or those of the United States.

The note is regarded as putting the noted case well on the way to settle­ment. It is addressed by Secretary Lansing to Gerard at Berlin.

Big Order For Army Overooata. New York, Aug. 17.—Over 2,500.000

yards of material will be required in the manufacture of 800,000 overcoats, orders for which aro paid to have •been placed by the Italian government thru its purchasing agency in this city with the C. Kenyon company, 9lgmund Elster, and Heidelberg. Wolf A Co. There are two separate orders, calling for tfftftOO overcoats each. It is reported that contracts for the re­quired material have been placed with 'Massachusetts mills, principally In the Plttsfleld 1 section. The American Woolen Company and H. and O. B. •Newhouse, it is said, have received Italian orders for over 1,000,000 pairs of blankets.

T.-R. BULLETIN

NEWS OF~THE DAY The Weather.

Sun rises Aug. 18 at 6:11; set* M 6:55. /

low%—Cloudy in north and / xP rain in southwest tonight; We/ .y rain; not much change in ten V? se; fresh northeast winds. / ^

The weekly weather tr . la-sued by the United Stv /eather bureau for the we ^ eginning Wednesday, Aug. 18: - & .he upper Mississippi valley &ii ns states. local showers Wednesda.. will be fol­lowed by fair weather for a day or two, and then toy showers about Thursday or Friday; probably fair last three days of the week; moderate tempera­tures.

PAGE ONE. Telegraphio News:

Mob Lynches Leo Frank. Takes Prisoner From State Offi­

cials. Armed Band Had Plans Well Laid. Texas Cities Stricken by Hurrlcanc. Galveston Almost Overwhelmed. British Transport Sunk by Germans. Thousand Lives Lost In Aegean Sea. Border Situation Again Acute.

PAGES TWO, THREE AND FIVE. Iowa News:

White Coming to Iowa to Write of Politics.

Decrease in Meat Supply Not Alarming.

Convert to Hard-Surfaced Roads. Tunneling Far Under Ground. Trade Outlook Good. Tama County Veterans.

PAGE FOUR. Editorial :

Licensing Chautauquas. Make Things Match! The New Hard Boad Commission. Topics of the Times. Iowa Opinion and Notos.

PAGE SEVEN. " General Notes:

Miscellaneous Matters. PAGES SIX, EIGHT AND NINE.

City News: Bottom Drops Out of ''Murder Mys­

tery." Homer MoBroom Alive and Well. Rotary Club to Help Playground

Movement. Lawyers Not Ready on Paving

Project Community Welfare Movement

Formed. General and 'Brief City News.

HAGE TEN. Markets and General:

Widespread Storms Boost Wheat Corn Sways With Wheat Cattle Trade Slow. Hogs Firm. White House Displeased at Rate

Ruling.

German Submarine Ship Royal Edward in

' >,*58$ | FIRST LOSS OF LIFE s *

IN TRANSPORTATION f,,

First Suoeeasful Attaok on Transports

Since War Began Year Ago Only * 4-?^ "! AS, 600 of More Than 1,600 on llnsrrt .

Saved—Great Britain Points to Re- i $

markable Record in Transporting !

Troops to Varioua War Zones, » v t 4

£ 3

ad* «-•

HILLYER PROHIBITED FROM PRESIDING

L" V.' .Vf • l . V . . -

' Supreme Court of Colorado Issues Writ Barring Judge Frsm Hesring Cases Arising From Strikes in Coal Mine District.

Denver, Aug. 17.—The supreme court of Colorado today Issued a writ of pro­hibition, barring Judge Granby Hlllyer from presiding at future trials result­ing from disorders in the recent strike of coal miners.

The writ granted on application of Horace N. Hawkins, an associate coun­sel for the United States Mine Work­ers of America, alleged that Hlllyer was a former attorney for coal mining companies and so prejudiced against strikers.

The state supreme court today granted supersedeas in the case of John R. Lawwon, labor leader, convict­ed on a charge of murder during the Colorado strike, and under sentence of life imprisonment The action allows the Law son appeal to come before the court on Its merits.

The motion to bar Judge Hlllyer from presiding at future trials grow­ing out of the reoent strike of Colo­rado coal miners was filed in the state supreme court on June 28. It was charged that the mine owners em­ployed a force of attorneys and detec­tives to secure conviction of strikers, and that Granby Hlllyer before his appointment as Judge belonged to this force. The motion was argued In the supreme court July 12.

Judgo Hlllyer was appointed by Gov­ernor George A. Carlson after the leg­islature at Its session last winter en­acted a stntuto authorising an addi­tional Judge in the Third district, wtiich included Trinidad and Walsen-burg. He presided at the trial of John R. Lawson. in which the labor leader was convicted of first degree murder.

The court reserved its decision on the request of Lawson's counsel that he be released from Jail on bond until after briefs are died In September.

Gompera Is Plesaed. " Washington, Aug. 17. — "Splendid,

splendid," was the comment of Samuel Gompers, president of the American Federation of Labor, today on the Colorado supreme court's decision in the Lawson case. Mr. Gompers has been actively leading the fight for an appeal.

8,000,000 LOYAL TO EUROPE.

U. S. Finds Vast Number of Men Fit For Army Not Citizens.

Washington, Aug. 17.—That there are 8,000,000 able bodied men in the United States who owe allegiance to European nations was disclosed In la­bor department statistics.

The naturalisation bureau's figures showed 14,000,000 foreign born persons in the country who had not acquired citizenship.

Of the 8,000,000 able-bodied males, most of whom are said to have had military training, approximately 2,-600,000 were given as Germans and Austrian a Of the remainder 4,500,000 owed allegiance to the entente allies.

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Postmasters Meet at Waterloo. v Waterloo, Aug. 17.—The Iowa Post­

masters''Association of the third and fourth clsssss is in session in this city today. Election of officers will take place tomorrow afternoon. This 6VcT»-ing the delegates will be taken to Cedar Falls by interurban to visit the

1 buildings ot the state teachers' college.

London. Aug 17.—The British-transport Royal Edward has tonpsdoed and aunk by a German submarine. Announcement wm made offioially today. Six hundred men were saved out ef 1,350 troops and 220 other persona on beard.

oLndon, Aug. 17.—The British ad-miralty'a rccord of transporting great *** numbers of troops to the various fight- t i ng cones wi thout loss of l i fe , so fa r i as reported officially, has been broken after more than a year of war. Tho i torpedo of a submarine at last has I found the mark, and the transport. "-M Royal Edward has gone to the bottom t .v'-.ip In tho Aegean sea, with a loss of life %\ which may reach 1,000. The brief ad- % •• *.gj< miralty announcement shows that the f -Royal Edward was engaged In taking: • a'J troops to the Dardanelles fronts, where rj, Australians and New Zealanders havev.K* ^ been largely employed.

First Life Lost in Transport. So far as has been reported officially f ,;if

this is the first Instance In which a ^ British transport has been attacked ^ Successfully by a submarine. It had v" been a matter of pride with the British government that it had transported ;• hundreds of thousands of troop* across many seas without the loss of ft, life. • It Is pro babe that tho number of traops • aent to Franca and Belgium stnoa tho < war began la considerably In axessa^ v . . of 700,000. 1r addition largo*numbers? «. of men have been taken to the Pasda ' neOos, Egypt South Africa and Bsrhlai „ ' Crisis. Not Yet Reached. • In the fighting a crisis. hsa.Mf boOrt~«'~"v"s' reached in tho pressnt state of tha _ eastern campaign. Grand Duke Nlch- . olas, the Russian commander, will not, be able to assure, the safety of his 1

armies until the menace presented by g V-v® tho operations of Field Marshal Voa > i* Hlndenb£rg in Courland Is removed. In the Bauek district of Courland tha German army has been driven back ' " , towards Cue Aa river, •vrhiJs Ke«no still is stemming the German tide. The 1

chief interest however, centers in the region north of the Niemen. notwith­standing the success of Russian re­sistance. ?••

Between the Narew and the Bug rivers the German drive is making • some headway, altho Petrograd claims that attacks of the Invaders In this region have been repulsed after heavy ;. lighting.

Balkan Situation Clearing. From tho standpoint of the entente »

allies, the near eastern situation Is cloarlng with the assertion, officially . inspired from Nish, that Serbia's at­titude Is not irreconciltable, but that the settlement must be more general than a mere rectification of frontiers in one locality. Former Premi :r Ven- • • ' izelos, having been summoned by King Constantino, is expected to be once more in tho sad&le tomorrow. Rou-manla is becoming more determined In her refusal to permit passage ol munitions to Turkey, which country »*i reported to be showing concern 'over the attitude of Bulgaria.

Greek War Party in Saddle. King Constantlne, of Greece, has ac­

cepted the resignation of tho Goumarls cabinet, which was tendered to him yesterday by the premier, according to r a Router's dispatch from Athens. Eleutherios Venlzelos. leader of the opposition, was invited to confer with tho king today.

In the recent election the Veniielos party obtained a majority in the Greek chamber of deputies. When the cham­ber assembled yesterday M. Zavits. anos. a Venlzolos adherent, was elected president by a vote of 182 to 93 cast for the candidate of the gov­ernment

Germans Cspture Outlying Forts. Berlin, via London, Aug. 17.—One of

tho outlying forts of Kovno between the Niemen river and Gesta on the south on the main line of fortifications has been captured' by the Germans, it was announced by German headquar­ters today.

More than 200 cannon and 4,500 prisoners were taken at Kovno the " statement adds.

Three forts at Novogeorgleohk also have been taken, aocording to the ' army headquarters' report.

U. S. NAVY MAKING GAINS.

Wilson Fifty Administration Adds Vssssla to Fleet

Washington, Aug. 17.—Secretary Daniels gave out a statement showing there had been an increase of fifty war vessels since the incoming of tho Wil­son administration. It was explained -that the statement was mads In rs-sponse to an inquiry. Tho statement shows that the increases have boon as follows:

Battleships, from 21 to 27; first class . cruisers, from 1 to 2; eeoond class cruiser, 1; third class cruisers, from ft to 10; destroyers, from 28 to S4; mon- ' ftors, from 1 to 5; submarines, from • 18 to 38, and gunboat* from IB to

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