News Items from The Kansas City Journal ~ Old News That's New to You from Vintage Kansas City.com

February 11, 1910

SUES ON UNUSUAL POLICY.

Half of Insurance, to Be Paid for

Extraordinary Death, Overlooked.

Daniel F. Cobb, who died August 20, 1907, when he was thrown from an elevator in the Fidelity Trust building at Ninth and Walnut streets, had one of those accident insurance policies which pays double the face value of the insurance if the insured is killed in a crowd, in a train, in an elevator, a church, or under other unusual circumstances. The beneficiary was Ada M. Davis.

Yesterday in the federal court Ada M. Davis sued the Aetna Life Insurance company of Hartford, Conn., for $5,000, with interest, damages and attorney's fees. Mr. Cobb had taken out the policy May 12, 1907. The beneficiary avers in her petition that not realize the importance of a clause in the in the insurance contract guaranteeing double payment on account of the instantaneous death, applied for the face of the policy and was paid. When, in December of that year, she discovered that sh should have had $10,000, she applied for an additional $5,000, which was denied. The amount she now asks in the United States court is $7,000.

Labels: federal court, Lawsuit

January 28, 1910

HARD TOIL, MONEY

AND BANKER GONE.

"LITTLE ITALY" AROUSED OVER

THE DISAPPEARANCE OF

PETER ISNARDI.

Many Italians Deposited

Savings With Missing

Consular Agent.

Little Italy was never before stirred as it was yesterday, when the announcement was made that Peter Isnardi, consular agent of the United States government, had left for parts unknown. Several hundred Italians are worried about sums aggregating about $12,000, the savings of years, which they had deposited with him. Most of those who entrusted their money to Isnardi were railroad section hands and laborers, recent arrivals from Sunny Italy, and unable to speak the English language. Some had been saving to pay the passage of wives or sweethearts to the land of promise; others that they might some day return to their old homes in Italy and to pass the sunset of their lives among friends and amid familiar scenes and surroundings.

A subscription paper will be started today by J. P. Deo, publisher of an Italian newspaper at 210 East Fifth street, to raise money with which to hire lawyers and detectives to seek Isnardi. A committee of Italians will call upon the United States district attorney today to learn what can be done in the matter.

"We intend to secure an order tomorrow from the prosecuting attorney," said Deo last night, "to open Isnardi's safe. He kept all his books locked in it. Not until we can see the books will we know the facts in the case."

A telegram was sent to the minister of foreign affairs at Rome to find whether or not the money that Isnardi was to forward to the bank at Rome was ever received there.

The Italian consul-general at Chicago announced yesterday that the Kansas City office would be abolished. Roma Ladife, vice consul at Chicago, arrived here yesterday to close the office. He took possession of the Italian flag, which hung in front of the agency at 512 East Fifth street, also the seal of the Italian government and the coat-of-arms. Consul Guido Sabetta, in Chicago, that the Italian government funds were not involved.

OPERATED PRIVATE BANK.

In addition to occupying the office of consular agent, Isnardi operated a private bank. This was wholly outside of his official duties, and for any losses that might occur the Italian government is in no way responsible. The consular agent is supposed to have received nearly $8,000 in savings of Italians in the three and one-half years he has held the office. The remaining $4,000 is money he collected for steamship tickets and to be sent to Italy, to be deposited in the bank of Rome.

Local Italians were opposed to Isnardi from the day he was appointed. charges have been filed against him several times with the Chicago office. Though there were rumors among Italians in Kansas City regarding the consular agent, deposits continued to come from those who lived in the country or in railroad camps.

Ten per cent interest was offered by Isnardi on deposits. This was more than the Italian Central bank at Rome pays, which they had all known in Italy. The Italian bank pays 3 1/2 per cent on time deposits. Those who did not want to send their money to Rome could deposit it with their consular agent, Peter Isnardi, in his private bank.

The office of consular agent pays no salary. It is an honorary position. Isnardi had no other business here, and no apparent private income. The Italians say his sole income was from money he collected from his private bank.

APPOINTMENT WAS PROTESTED.

Isnardi succeeded G. G. Lanvereri as consular agent in Kansas City. Isnardi was appointed by Count A. L. Rozwadowski, who died shortly after the appointment. His office was in Chicago. Signor Sabetta succeeded him. A committee of Italians went to Chicago when the count died and asked for the removal of Isnardi. Charges of dishonesty were made against him, but Sabetta refused to act without first having an investigation.

Before his appointment as consular agent here, Isnardi was a traveling book agent. H represented an Italian publishing house and sold his books for $10 each. His home was then in Pueblo, Col. Isnardi was in Kansas City when the question of a vice consul arose.

Isnardi went immediately to Chicago. Count Rozwadowski and he had known each other in Italy. Against the protests of a committee of Kansas City Italians, who wanted a man from here appointed, Isnardi returned two weeks after the dismissal of Lancereri with the commission of consular agent. His appointment, though recommended by the consul at Chicago, was made directly by the foreign minister at Rome.

The consular agent is an American citizen. A consul general, however, must be a subject of the king. This being the case, as an American citizen, the Italians here think that Isnardi can be prosecuted under the laws of this state, in case the funds are not intact. The consul general, under the extra-territorial provision of international law, is immune from arrest and prosecution in the country where he represents his government.

PROSECUTOR WILL ACT.

"I will thoroughly investigate these charges," said Virgil Conkling, prosecuting attorney, last night. "If I find that consular agents are amenable to the laws of this state, Isnardi will probably be arrested and prosecuted."

A dozen complaints have been made the past two months at the prosecuting attorney's office against the consular agent. Isnardi was charged with taking money from Italians to send to the bank at Rome, and appropriating it to his own use. Two weeks ago today the consular agent was called to the prosecutor's office. There he was told that if he did not refund $800 to an Italian who gave him the money for deposit, that criminal action for embezzlement would be begun. He was given until March 1 to refund the money.

Isnardi left Kansas City January 16. His wife said yesterday he had gone to Chicago, but reports from that city say he has not been seen by the consul general. Mrs. Isnardi has been conducting the business since her husband left.

When the news that the office had been closed spread among the Italians in the North End a crowd of 200 m en and women, most of them depositors in the consular agent's private bank, gathered in front of Isnardi's office. At dark the crowd dispersed. when the door to the office would rattle a dog's bark could be heard. The dog had been turned loose in the office to prevent the angry foreigners from making a forcible entrance.

"What will you do if he does come back?" was asked one in the crowd.

"String him up," was the prompt answer of an Americanized Italian.

Labels: banking, Chicago, embezzlement, federal court, Fifth street, immigrants, newspapers, Prosecutor Conkling

January 26, 1910

THEY'RE NOT MISSOURI LIONS.

Girl's Damage Suit to Federal Court,

As Owner Is Non-Resident.

Complications in the damage suit brought by Ella May Cushman against the Hippodrome Amusement Company and C. W. Parker of Abilene, Kas., resulted yesterday in the transferring of the case from Judge Slover's division of the circuit court to the federal court. The girl asks damages in the sum of $10,000 for injuries received, it is alleged, when a lion at the Hippodrome, two years ago, reached through the bars of its cage and clawed the girl's head.

After the plaintiff had completed her evidence yesterday the Hippodrome company showed that the lion was owned by Parker, who has a herd of wild animals which he exhibited, and on the showing the liability of the company was removed. Parker then had the case transferred to the federal court on the ground that he is not a resident of Missouri.

Labels: animals, circuit court, federal court, hippodrome, Judge Slover, Lawsuit

January 13, 1910

REBEL BILL NOT COUNTERFEIT.

Person Using One Can Be Tried Only

on False Pretense Charge.

To pass a worthless Confederate greenback is no violation either of the state or federal law, decided the prosecuting attorney's office yesterday, and the only charge that might be entertained is the obtaining of money under false pretenses.

A five-dollar bill, made in 1862 by the state of Georgia and issued by the Merchants and Planters' bank for the states of the Southern Confederacy, was passed a short time ago on Mrs. Max Joffey, Missouri avenue and Locust street. The woman who presented it bought 60 cents worth of goods and was given $4.60 in change. The case was presented to the United States district attorney.

"This five-dollar bill is not counterfeit, as at one time it was genuine legal tender," said Norman Woodson, assistant prosecuting attorney, yesterday. "The only charge the woman can be tried for is false pretense. No warrant has been issued."

Labels: Civil War, counterfeiters, federal court, Locust street, Missouri avenue

January 4, 1910

RABBI BECOMES A CITIZEN.

Final Papers for Father of "Sammie

the Office Boy."

Fifteen aliens whose names had been posted for ninety days after the final application for citizenship papers had been made, were given their naturalization papers by Judge John F. Philips of the United States court yesterday. There were no Italians in the lot, the fifteen being distributed as follows: Six from Sweden, four from Russia, two from Roumania, and one each from Scotland, Germany and Hungary.

Among those who became citizens of the United States was Rabbi Max Lieberman, for years in charge of the Kenneseth Israel temple, synagogue of the Orthodox Jews, near Fifteenth and Oak streets. Rabbi Lieberman came to this country in 1891. He is the father of Samuel Lieberman, better known as "Sammy, the office boy," who died early in November last, after a brief illness. Sammy was an employe of The Journal, and it was here where he gained the name of "Sammy, the office boy," stories of his travels being published just as he had written them.

Labels: federal court, immigrants, Jews, Judge Philips, Rabbi Lieberman, The Journal

January 1, 1910

BIRTHDAY CAKE FOR JUDGE.

Seventy-Five Colored Candles, One

for Each Year of John F. Philips'

Life, Presented at Dinner Party.

The seventy-fifth birthday of John F. Philips, federal judge, was celebrated by a dinner party, at which there were many prominent guests, in the Mid-day Club rooms, yesterday evening. One of the features of the evening was the presentation to the judge of a mammoth birthday cake containing a colored candle for each year.

The coincidence of the judge's birthday with New Years eve afforded an opportunity to those present to stay the old year out at the club. The time was well taken up with speeches and was enjoyed thoroughly by all, not excluding the host, who is yet the better of his years.

Judge Philips was born on December 31, 1824, and has been a judge of the United States district court since June 25, 1888.

Labels: birthdays, federal court, holidays, Judge Philips, New Years

December 2, 1909

BOY GETS FATHER'S PLACE.

Judge Pollock Appoints Henry Dil-

lard, 19, Court Messenger.

Judge John C. Pollock of the federal court in Kansas City, Kas., yesterday announced the appointment of Henry Dillard, a negro 19 years old of Topeka, to be the messenger of the federal court. Dillard takes the place of his father, Henry Dillard, who shot himself accidentally while hunting last Saturday. Judge Pollock went to Topeka Monday to attend the funeral of the boy's father. At the funeral Judge Pollock noticed the boy and was so impressed by his manly actions that he decided to appoint him as his father's successor.

"The boy is young, but I believe he will be able to hold the position," Judge Pollock said yesterday. "I am going to give him a trial at least."

Henry Dillard, who was part Cherokee Indian and part negro, was messenger of the federal court in Kansas thirty-three years and won the friendship of many attorneys and federal officers.

Labels: employment, federal court, Funeral, Judge Pollock, Native Americans, Topeka

September 11, 1909

WILL SETTLE AN OLD DISPUTE.

City Soon to Know if Armour-Swift

Are on Public Land.

John T. Harding, city counselor, is busy with one of his assistants in getting together data with which to meet the Armour-Swift interests before a commissioner from the federal court, October 1, to settle the long drawn out dispute as to whether Armour-Swift in reclaiming water front lands have not encroached on property owned by the city.

"It is my aim to get this controversy settled either through the medium of the courts or by mutual agreement," said Mr. Harding yesterday. "This dispute has gone unsettled through three preceding administrations, and it is not only embarrassing to the men who want to develop and rehabilitate the North End, but is annoying to the city. If any of the city's rights have been imposed upon, they will be restored, and the city will be in every way safeguarded and protected."

Labels: attorney, federal court, North end

May 4, 1909

COUNTERFEITERS SENTENCED.

Other Penalties Assessed by United

States Court.

In the federal court yesterday Charles L. King was sentenced to two years in the Leavenworth prison and fined $100 and costs for counterfeiting. Mary Cook, his accomplice, was fined $100 and sentenced to the Jackson county jail for four months.

Herbert H . Ready and A. F. Brooker were fined $100 and costs each on charges of using the mails to defraud, and Harry J. Egan was fined $50 and costs on a similar charge.

Sam Nigro was fined $10 and costs for retailing liquor without a license. The case against his wife was dismissed.

Labels: counterfeiters, federal court, jail, Leavenworth

April 29, 1909

WOMAN LAWYER DEFENDS BOY.

Light Sentence for Youth Charged

With Mail Theft.

Attorney Miss Carey May Carroll of Independence defended young Alvin Edwards in the federal court yesterday against the charge of taking $10 from a letter in a rural mail box. Miss Carroll pleaded that the youth of the defendant should extenuate the crime, saying that he was only 16 years old when it was committed, but that his character had improved since. Judge Philips fined him $40 and costs.

Labels: attorney, federal court, Independence, Judge Philips, women

April 27, 1909

FOR EACH MONKEY, $2000.

Belle Hathaway Claims Railroad

Company Caused Their Death.

The death of three monkeys in transit over the Maple Leaf from Des Moines to Kansas City may cost that road $2,000 a monkey, if the suit of Belle Hathaway, owner of the simians, is successful. A transcript of the case was filed in the federal circuit court yesterday.

It sets forth that on January 9 the monkey cages "were arranged and placed in the defendant's car in a position to insure safe and hygienic carriage; that in the course of the journey the servants of the defendant in charge of the car negligently, carelessly and unskillfully caused one cage containing three bonnet or Asiatic monkeys of great value to be placed by and against certain steam pipes that were exceedingly hot; that intense heat emanated from said pipes to such an extent that the air became stifling and caused the animals to suffocate and die."

Labels: animals, Des Moines, federal court, Lawsuit, railroad

May 14, 1908

WOMAN MAY GO TO PRISON.

Marie Moore, the "Silent Woman,"

Becomes Loquacious.

Marie Moore, the "silent woman," yesterday pleaded guilty in the United States district court to sending an objectionable letter through the mails to another woman. When she was placed on the witness stand she became so voluble the court had difficulty shutting her up. She told a story of her past life that astonished even the court officials. The letter the woman wrote was not read in open court, but was passed to the jurymen to read individually. It appeared that the woman was under some sort of influence of a half-breed negro. She is a good-looking, apparently fairly well educated woman, and seems to possess ordinary intelligence. The woman said her parents were farmers residing near West Grande, Ia. Her case has attracted considerable sympathy, that waned perceptibly when her life story was told in court yesterday.

Labels: federal court, race, United States District Court, women

May 11, 1908

SILENT WOMAN MYSTIFIES.

Marie Moore Hasn't Spoken Since Be-

ing Locked in a Cell.

Marie Moore, the sphinx of the federal court, retired early last evening to her cot in the county jail, and when she was asked where she lived and who her father was, she pulled the covers over her head, but never said a word.

Marie was taken before United States Commissioner John M. Nuckols Thursday after her arrest in the postoffice to answer to a charge of sending an improper letter through the mails to another girl. She refused to plead guilty or not guilty and would not answer the commissioner's questions. Saturday she was indicted by the federal grand jury on the same charge, and when arraigned before Judge John C. Pollock again refused to talk. She finally stammered, "I am innocent," but declined to state whether she had an attorney or not or to tell her address or the names of friends.

Since her incarceration in the county jail Thursday no one has called to see her an d she has not spoken one word to the jailers.

"She'll talk in a few days," Night Jailer Sam McGee remarked. "They all do in time. She isn't insane, because she eats her meals and acts like any other woman. She's just got her dander up, that's all.

"I judge from looking at her that she is a city bred girl and known too much to try and pay street car fare with postage stamps."

Labels: federal court, jail, Judge Pollock, post office

May 7, 1908

PRISON FOR COUNTERFEITERS.

George Elliott and Tillie Bullene

Were Arrested Only Saturday.

Arrested last Saturday for counterfeiting, George Elliott and Tillie Bullene were started to the federal prison at Fort Leavenworth yesterday afternoon, the man to do hard labor for two and a half years and pay a fine of $5,000, and the woman to undergo eighteen months at hard labor and to pay a fine of $2,500. Both prisoners pleaded guilty and threw themselves on the mercy of the court. At 511 Locust street, where the prisoners had been caught, a complete counterfeiting outfit was captured, together with sity-five bogus dollars and enough material on hand to make many more. Assistant District Attorney Leslie J. Lyons prosecuted the case.

Labels: counterfeiters, federal court, Leavenworth, Locust street, prison

April 29, 1908

CLERK STOLE MONEY

FOR SICK BROTHER.

IN CONSEQUENCE JUDGE POL-

LOCK IS LENIENT.

Editor of Art Book Fined Nominal

Sum and Escapes Payment.

Other Federal Offend-

ers Sentenced.

It was sentencing day in the United States district court yesterday. Judge Pollock of Kansas was on the bench. Alfred Friend, formerly a clerk in the New England National bank had stolen out-of-town remittances by means of juggling accounts in the bank. The government prosecuted him for getting only $5, but he was supposed to have got about $2,000. After everything in the case was told Judge Pollock undertook to examine the prisoner on his own account.

"What made you do it?" he inquired.

"This made me do it, sir," Friend replied, displaying a small packet of letters and holding them out towards the bench. "Would your honor read them, please?"

FOR HIS SICK BROTHER.

Judge Pollock scanned some of them, interrupting his perusal to ask:

"And did you send the money to this sick brother of yours?"

"I have the money order receipt for it," Friend then said, at the same time producing another paper and handing it to Judge Pollock.

After reflecting a minute the court announced that as Friend had been confined to jail for six months, had lost his employment and had not profited by his thievery, he would be let off with a fine of $500, which means only thirty days in jail. The United States government never holds a prisoner longer than thirty days in liquidation of a fine, no matter how bit it may be.

JULIUS WAS SURPRISED.

Julius Planca, a Frenchman, who was surprised to know that it is contrary to the laws of this country to sell liquor without a license, was fined $10 and costs for bootlegging in a railroad camp east of the city. Arthur Anderson, a 14-year-old boy from the southeast part of the county, was given the same punishment for stealing stamps and coppers from rural free delivery boxes.

A week ago William Soper robbed the little postoffice at Mount Washington, just outside Kansas City's eastern limits, and got $2.50. Yesterday he got a year and a half in the government prison at Fort Leavenworth. He pleaded guilty, saying to Judge Pollock that he would not have broken into the store where the postoffice was had he known it was a postoffice.

"You would rather have broken the state than the federal laws, would you?" the court remarked, adding, dryly, "Either is wrong."

THAT'S WHEN HE GETS IT.

James A. Pope, editor of the Art Book, who was arrested a month ago on a complaint of a rival in business in St. Louis, got off handsomely. Pope had sent out printed post cards saying that he still owned the copyright to his journal, and that the issues being turned out by his rivals were false. He classified somebody as a "hunchback," and for that got into trouble. He would have gone to jail for the intervening nine weeks, having no bondsmen here, only for friends his tough-luck story made for him. As it turned out, District Attorney Van Valkenburgh took his personal recognizance and let him go. Yesterday the art editor, who is about 20 years of age, turned up "to take my medicine, as I said I would," he said. Judge Pollock heard his story and at the conclusion said:

"Have you $1 and the costs of this case?"

"I have not, sir," replied the editor, showing how dull business in the art journal business is just at present.

"Then if I fine you $1 you will have to go to jail, will you?" the court asked next.

"Yes, sir," the editor-prisoner replied.

"Then it will not do to try to collect it. The punishment will be a fine of $1 and costs, collectible upon execution," and slam went the judge's docket and another case was taken up. Pope did not know what was up, so he took his seat near one of the deputy marshals, supposing it was jail again in view of the fact that he had not the dollar and costs. While in the middle of the next case Judge Pollock caught sight of the little art editor's long curly hair and had to order him to freedom.

"You can get out, Pope," the court said. "That fine against you is collectible upon execution."

It took two lawyers and a deputy to explain this to Pope, who could scarcely believe all his good luck was real.

Labels: alcohol, banking, courtroom, crime, federal court, immigrants, Judge Pollock, Judges, Leavenworth, Mt. Washington, post office, United States District Court

March 6, 1908

FEW FOREIGNERS WANT PAPERS.

It's Harder to Become a Voter Now

Than It Used to Be.

For the first time since Kansas City has been a political center, the approach of an election is not causing a riffle in the naturalization offices. Ordinarily at this time there would be from one to a score of foreigners naturalized every day, and so many of them sometimes that the naturalizing officer would have to hold court at night, but on the wall of the clerk of the United States district court there is a little slip of paper pasted, on it being the names of only seven persons. These are of two Germans, two Russians, an Italian, Irishman, and Roumanian, being all that are now taking out their final papers. The list of applicants for first papers has only twelve names on it, though it covers the work of a month.

"And they do not take kindly to it," said the clerk of the district court. "So many of them are disgusted when they find they cannot vote at the next election, nor even at the next presidential election."

There is no national law relating to the qualifications for voting. The laws of the various states are accepted by the United States. In Missouri first papers must be a year old before they are votable. Kansas is kinder to the foreigner and he can vote there sooner.

The new naturalization law bristles with bayonets for the foreigner who takes out papers for anything but the highest possible motives, and while it would be possible for him to take them out in Kansas City now and, by moving across to Kansas City, Kas., vote there for the next president, if the naturalization officer suspected a trick in this there would be trouble right off for the foreigner. He would be sure to have his papers cancelled and himself barred from taking the out again, and he might land in a federal prison."

Labels: federal court, immigrants, politics, United States District Court

October 24, 1907

NO ARRESTS TODAY

FEDERAL COURT ISSUES ORDER

IN THEATER CASES.

ACTORS ARE THE PLAINTIFFS

WILLIS WOOD AND ORPHEUM

PERFORMERS APPEAL.

Suit Brought on Behalf of Them and

Members of Orchestras -- Conten-

tion Is That Actors and Mu-

sicians Work No More

Than Preachers.

Upon the petition of eleven actors, now filling engagements at the Orpheum and the Willis Wood theaters, Judge John C. Pollock of the United States circuit court issued a temporary order last evening at Topeka, Kas., restraining the board of police commissioners, Chief of Police Daniel Ahern, County Marshal Al Heslip and all their subordinates from arresting actors, actresses, members of any theater orchestra, and all persons performing services essential to producing an entertainment in any theater in Kansas City, Judge Pollock will be in Kansas City at 10 o'clock Friday morning to hear arguments in the federal court, for and against making the restraining order permanent.

No mention was made of the managers of the houses, but it is thought that the restraining order was drawn to include them. For fear the order may not give them exemption from arrest a new move is being made, the attorneys securing affidavits from some of the most widely known business men of the city to the effect that Judge Wallace is prejudiced, and so incapable of giving the theater employes a fair trial.

IN CLASS WITH PREACHERS.

There is to be no conflict between the state and the United States courts. The restraining order is not directed against Judge Wallace, so that the criminal judge of Jackson county may continue his war upon the theaters, but he will not find any marshal nor police to effect the arrests which he may order. Although there are but eleven complaints in the federal case, they set up in their oration that they appear for the 200 or more professional actors now filling engagements in Kansas City, and for the several thousands of others similarly situated who will come to Kansas City to give entertainment before the close of the present session, which will be in July, 1908.

The unique claim will be set up that the actors are akin to preachers, and that neither of them work. The theater orchestras are to be associated in the argument with church choirs.

"In every particular and in every detail," said Attorney Frank M. Lowe, "we will be found on solid ground. There is to be an end to the attempt to close the theaters in Kansas City."

The suit brought yesterday was filed by the following actors: B. C. Whitney, John Edwards, Lt. J. Carter and W. J. Jossey, of the Orpheum circuit; Benjamin Welch, Roger M. Inhoff, Charles ARnold, Harry Hastings, of the United States Amusement Company; Clifton Crawford, Arthur C. Ainston and William Leummel, playing at the Willis Wood. The defendants are Criminal Clerk A. E. Thomas, County Marshal Al Heslip, Police Comissioners Henry M. Beardsley, Andrew E. Gallagher and Elliot H. Jones, and their subordinates.

Labels: attorney, Commissioner Gallagher, Commissioner Jones, County Marshal Heslip, federal court, Judge Pollock, Police Chief Ahern, theater, Topeka

January 8, 1907

HOTTMAN'S FIFTH RESPITE.

Delay of Ninety Days Follows Federal

Appeal for Mrs. Myers

The officers of the county jail received a telegram soon after 8 o'clock last night from the office of Governor Folk, saying that the governor, upon receipt of news from the federal court and Kansas City that Judge Phillips had granted a writ of supersedeas in the case of Mrs. Aggie Myers, had granted Frank Hottman a further respite of ninety days.

Governor Folk said to a correspondent of The Journal at Jefferson City that as Hottman is the only witness against Mrs. Myers, he should not be executed till her fate is finally determined.

Night Jailer McGee notified Hottman immediately of the respite. Hottman was in the death cell awaiting execution Thursday. It is the fifth time he has been respited and he is used to it. When the jailer told him of the respite all Hottman said was: "Well, I guess it's all right," and without a show of emotion prepared to go to sleep. He was not removed to the other part of the jail last night, but will be this morning.

Yesterday the attorneys for Aggie Myers filed an appeal to the supreme court of the United States from the decision of Judge Philips, refusing an application for a writ of habeas corpus. The attorneys declared Mrs. Myers is held illegally by the state authorities. She also was to hang Thursday for the murder of her late husband. The mere taking of the appeal acted as an arrest of judgment in the instance of Mrs. Myers, postponing the date of execution till the higher court can pass upon the case.

Labels: Aggie Myers, crime, death penalty, federal court, Governor Folk, jail, Jefferson City, Judge Philips, murder, telegram, The Journal