The Butte Miner, 1915-03-18, p.1

ONLY MORNING NEWSPAPER PUBLISHED IN BUTTE—IT COVERS THE ENTIRE NORTHWEST WEATHER TODAY — Unsettled, rain at night or Friday. # THE BUTTE MINER WEATHER TOMORROW — Unsettled, rain. VOL. LII.—NO. 178. BUTTE, MONTANA, THURSDAY MORNING, MARCH 18, 1915 ESTABLISHED 1876. ## Column 1 # JURY FINDS AGAINST A. J. DAVIS IN FAMOUS WILLIAMS WILL CASE [spans columns 1-2] ## Verdict and Special Findings Give Granddaughter $150,000 Estate, Declaring That Will Was Result of Fraud, Duress and Undue Influence—Decedent not of Sound Mind When She Signed—Little Heiress Distributes Green Carnations Among Jurors When Verdict is Announced. [spans columns 1-2] Waiting eight years for recognition as her father's daughter, Dorothy Alice Williams, granddaughter of Rachel E. Williams, deceased, came into her heritage yesterday afternoon when 11 of 12 jurors decided in favor of the girl and against the millionaire banker, Andrew J. Davis. The girl will receive the entire estate, estimated to be worth $150,000. The verdict was read by Clerk M. F. Sullivan and it contained 13 special findings, every one of which favored Miss Williams. At the conclusion of the reading, the girl ran into the arms of her mother, Mrs. Sybil Scott, kissed her and then unwrapped a box of green carnations which she distributed to the jurors. "I'm very happy," she told the jurors. "We're glad too," answered one of these. "I voted against you, but I'm glad you won," said the lone juror who voted against the 11 others on their findings. ### Finds Coercion. By the verdict the jurors found that Mrs. Williams was the object of coercion when she signed the will by which she gave the most of the valuable estate to the Butte banker. The will, according to the verdict, was the result of fraud, duress and undue influence. Mrs. Williams was not of sound mind, when she wrote the document, in the opinion of the jurors. On the first count the jury found that Mrs. Williams was of 18 years of age but was not of sound mind, when she wrote the will. In answer to the question as to whether or not Mrs. Williams signed her name in the presence of witnesses, the jurors said "no." The same answer was given to the third question as to whether or not she declared the document to be her last will and testament. Mrs. Williams did not request Frank Norbeck and Warren A. Estabrook to sign as witnesses, say the findings. The jurors found that the witnesses Norbeck and Estabrook did not sign, each in the presence of the other. In reply to the question as to whether or not Mrs. Williams acted upon her own # *Japan Is Told by Great Britain and Russia They Must Break With Her if She Persists in Pressing Demands Upon China* [spans columns 1-2] Peking, China, March 17.—Official information has reached Peking today that the Russian and British ambassadors at Tokio called upon Baron Tahaaki [sic] Kato, Japanese foreign minister, on Saturday and informed him that if Japan persisted in pressing upon China demands beyond those contained in her original communication to the powers it would be difficult for Japan's allies to negotiate diplomatically with her in the future. It is understood that on the same day the United States, acting independently, although possibly after consultation with another power, informed the Japanese government that certain of the Japanese demands were not in consonance with treaty agreements between China and the United States. American and British opinion # *German Consul at Seattle and Secretary Are Arrested Charged With Conspiracy* [spans columns 1-2] Seattle, March 17.—Dr. Wilhelm Mueller, German consul at Seattle, and B, Mat Schulz [sic], secretary of the consulate, were technically placed under arrest today charged with conspiracy with Dan Tarnatzsky to violate the state law making it a penal offense to bribe an employe to influence his action in relation to his master's business. The consular officials are charged in an information sworn to by County Prosecuting Attorney Alfred H. Lundin with offering a bribe to John Murdock, assistant shiping [sic] clerk of the Seattle Construction & Drydock company, for evidence to substantiate German Ambassador Bernstorff's accusation, filed at the department of state last month, that submarines were being made by the Seattle company and shipped to Canada to be completed there for use against Germany. Murdock was arrested last night on a warrant sworn to by an official of the construction company, charging him with grand larceny in abstracting bills of lading from the company's office. ### DYESTUFFS INCREASE. New York, March 17.—Chemical companies today notified textile mills of ## Column 2 initiative, or whether she was subjected to undue influence and duress, the answer was "yes." Lyman M. Harley was found to be responsible for the undue influence brought to bear. Mrs. Williams did not declare to Warren A. Estabrook that the instrument was her will, according to the verdict. The deceased also failed to request Mr. Norbeck to witness the document as her last will and testament, the jurors found. Neither did she declare to Mr. Norbeck that the paper was her last will and testament, the special findings declare. ### Harley Responsible. In answer to the last question the jurors held that Lyman M. Harley was responsible for the fraudulent will; that he caused the undue influence to be brought to bear and that he also was responsible for duress. Mrs. Williams died in the month of January, 1907. A few days later her will was read and it has been in court since. Mrs. Sybil Scott objected to probating the instrument, representing that her daughter, Miss Dorothy Alice Williams, was the daughter of Mrs. Williams' son, who died several years ago. The first hearing of the case was before Judge Poindexter who admitted the will to probate. From this decision the girl and her mother appealed to Judge R. Lee McCullough for a new trial. The request for a new trial was denied and the attorneys for the girl, J. E. Healy and T. J. Harrington, appealed to the Montana supreme court. The higher court reversed the decision of Judge McCullough and ordered the case back to the district court for a new trial. In this last trial the attorneys for Miss Williams demanded and received a jury. The attorneys for the will were E. N. Harwood and Fred Furman. It is understood that Mrs. Sybil Scott will petition the district court today for letters of administration in behalf of her daughter, A. J. Davis, the special administrator, will be the object of a petition for the removal of the special administrator. throughout China is in accord in this matter, as voiced privately, semiofficially and by the press. Meetings have been held, at which the Japanese demands have been discussed and protests have been sent to their respective governments by both the American and British associations. The opinion is expressed by both Chinese and foreign diplomats that a substantial proportion of her demands will be withdrawn by Japan because of the attitude of the powers, who have called China's attention to the fact that she has no right to make a treaty with Japan contravening existing treaties. The Japanese minister to China, Eki Hioki, sustained injuries yesterday by a fall from his horse and his condition will prevent the holding of conferences for a few days. an advance of 25 per cent in German dyestuffs, effective tomorrow. Two leading lines of southern ginghams have been withdrawn from sale because of a shortage of color, and two large manufacturers of denims have ceased taking further orders for indigo shades. ## *DISTRICT COURT TO OPEN AT BOZEMAN* Bozeman, March 17.—District court opens tomorrow morning at 9:30 o'clock for the March term which will run well into April. The first case that will be called is that of the state vs. the Warren Construction company, makers of bitulithic pavement, for alleged violation of the eight-hour labor law in work for Bozeman. This case arose last summer. A week from Monday, on March 29, the trial of Frank Durham for first degree murder will be called. Thus far, partially because of the absence in Miles City and the subsequent illness of Judge B. S. Law of the district court here, the dates for the trial of Bert Riley and others on change of venue from Butte, have not been fixed. It appears likely that they will be tried in first part of April. ## Column 3 ### *SCENES INCIDENT TO BUTTE'S GREAT CELEBRATION OF ST. PATRICK'S DAY* [boxed heading, spans columns 3-5] [illustration: photograph, spans columns 3-5: crowd on the steps and in front of a wooden church] Leaving St. Mary's church, where mass was celebra[ted?] [illustration: photograph, spans columns 3-5: mounted marshals and marchers on a street, houses and a flag in the background] Head of the parade marching down Main street. # *Irish, German and Austrian Societies Unite in Tribute to St. Patrick's Memory* [spans columns 3-5] Aided by summer weather, Hibernians, members of other Irish societies and of German, Austrian and Hungarian organizations united yesterday to honor the memory of Ireland's patron saint. There was not an incident to mar the day and all united last evening in declaring the celebration to be the greatest in the history of Butte. Thousands of Butte wore sprigs of shamrock, many being fresh from the green isle having been sent by relatives and friends. The downtown streets were thronged with people from 10:00 o'clock until noon, waiting for the parade. Sherif[f?] Charles S. Henderson and all of his deputies paraded the streets prior to the coming of the marchers. It was rumored, and the sheriff received many letters to that effect that opposing factions to the Irish and German planned to break up the procession. The sheriff was on hand to frustrate any such attempt. ### First Line of March. At 9:00 o'clock in the morning the Hibernians met at their hall on North Main street. At 9:30 the members of the German and Austrian societies assembled in front of the German hall, from where they proceeded north and joined the other celebrants at the Hibernia hall. At a few minutes before 10:00 o'clock the parade proceeded to St. Mary's church, where high mass was celebrated by Father M. J. Hannan, who was assisted by Rev. Father Callopy of St. Patrick's church, Rev. P. J. Crowley of Helmville and Rev. Father Connolly of St. Joseph's parish. ### Main Parade Starts. At a few minutes past 11:00 o'clock the main parade started from the St. Mary's church. The procession was down Wyoming street to Copper, west on Copper to Main and south on Main street. About 2,000 men were in line. The Fife and Drum corps from both Butte and Anaconda were out. Members of the Irish Volunteers from the two cities, in compliance with Mayor Smith's orders, marched without uniforms or rifles. James J. Murphy headed the parade as marshal of the day. He was assisted by W. P. McCarthy, Maurice Egan and John Doherty as aids. Maj. W. E. Deeney of the Irish Volunteers headed the two companies on horseback. Dr. Fred Burgman and Joseph Brosevich headed the German and Austrian columns. Rev. Father English of St. Mary's church delivered the sermon in the morning. The speaker referred to the feeling between the Irish and the Ger- ## Column 4 mans. He declared that Ireland, through its missionaries brought the Christian faith into Germany and aided in showing the people of the Rhine the way to Christianity. The time is approaching said Father English, when the Germans may favor the Irish by assisting them in breaking the chains that bind the emerald isle to England. Father English told of St. Patrick and the effect of his coming into Ireland. "When Patrick died," Father English said, "the faith which he had established was firmly embedded in the hearts of the Irish people, and not alone did they retain the faith, but they became its standard bearers, its apostles. "Not immediately, however, did they commence their great mission of evangelization. Like a stream, which in the springtime slowly rises until it bursts its banks and floods the country, so did religion in Ireland gradually grow and develop until the confines of the country were too narrow and it overflowed her shores, spreading over the greater part of Europe, expelling everywhere the pagan deities of a renewed and resurrected paganism." ### In the Afternoon. Judge J. J. Lynch, who presided at the big meeting held in the afternoon at the Empress theater, referred to the order of Mayor Smith by which the Irish Volunteers were forbidden to appear in their full regalia. He declared the order of the mayor's to be an unjust one. Judge Lynch in his address gave some points in American history to show that when this country needed fighting men and soldiers who would willingly die for the stars and stripes, the Irish were the first to respond and could be found among the first ranks and among the first brought to the hospitals and to the graves. He also referred to the Germans, declaring they were good Americans. "Germans and Irish have fought side by side for this country since the battle of Bunker hill," said the speaker. "They will continue to fight for America whenever America demands their services." In speaking of the order against the apearance [sic] of the volunteers in uniforms, Judge Lynch declared that if the time ever comes when the liberty of the United States is threatened and the president needs fighting men, the members of the Butte and Anaconda companies of the volunteers will be the first to respond and the first to die for their country. H. F. Pissot, speaking in behalf of ## Column 5 the Germans, expressed thanks for the invitation extended to the Germans by the Irish in the celebrations of the day. Friendly relations have always existed between the two nationalities, said the speaker. He expressed the hope that such relations shall remain until the end of time. ### N. J. Larko Speaks. Speaking for the Austrians, N. J. Larko told the asscemblage [sic] that the name of Ireland was treasured in the hearts of all Austrians. He referred his hearers to the Austrian history as proof for his statement that Austria owed much to the great Irish heroes who came to its aid in times of distress. Mr. Larko said he hoped that the united celebration of St. Patrick's day will continue as the yearly custom in Butte. The program for the afternoon closed with the presentation of the Irish drama, "Kathleen Mavourneen," by the St. Mary's Dramatic club. Dances given in Pallas and Hibernia halls and at the Coliseum under the auspices of the Hibernians last night attracted large crowds and proved enjoyable social affairs. # *UNITED STATES IS EXERTING INFLUENCE* Washington, March 17.—State department officials said today that since the beginning of the negotiations between China and Japan the United States government has quietly been exerting its influence to have the Japanese demands ameliorated and to prevent any infringement of the rights of America, either under treaty or the provisions of general international law. These representations have been made in Washington to the Japanese ambassador, as well as in Tokio and Peking. Officials here have refrained from making public any of the various steps the United States has taken in the course of these negotiations to safeguard American interests. Regarding the situation as delicate, they preserved the same attitude today when shown the latest news dispatches from Peking. That the British and Russian ambassadors have served any such notice upon Japan as that her future diplomatic relations with the two countries would be jeopardized by her persistence in certain demands upon China, was believed to be a rather strong statement of the facts, though the officials admitted lack of information. In the best posted diplomatic quarters there was no confirmation of any joint British-Russian representations at Tokio of the nature indicated from Peking. ## Column 6 # EXCHANGES BETWEEN U.S. AND BELLIGERENTS [spans columns 6-7] ## Six Diplomatic Notes Narrating Futile Efforts of State Department to Lift Kaiser's Submarine Blockade and Secure Shipment of Food to German Civilians Given in Full—Washington to Make Another Protest. [spans columns 6-7] Washington, March 17.—Six diplomatic notes were made public tonight by the state department, constituting the entire correspondence of the last few weeks between the United States and Germany, and between the United States and Great Britain and France, relative to the abandonment of submarine attacks on merchant ships, the shipment of conditional contraband and foodstuffs to civilians in a belligerent country, the use of neutral flags by belligerent merchantmen, the removal of mines and the proclamation of a virtual blockade by the allies against Germany. ### Wanted Area Defined. The communications revealed that the United States government, realizing the difficulties of maintaining an effective blockade by a close guard of an enemy coast on account of the newly developed activity of submarines, asked that a "radius of activity" be defined. Great Britain and France replied with the announcement that the operations of the blockade would not be conducted "outside of European waters, including the Mediterranean." ### Allies Reject Proposal. While Germany agreed, it is disclosed, to abandon her submarine attacks on "mercantile of any flag" except when they resist visit or search, provided foodstuffs were permitted to reach her civilian population, Great Britain and her allies rejected the proposal originally made by the United States government in an effort to bring the belligerents into an arrangement which would safeguard the interests of neutrals. ### Message of Inquiry. Furthermore, the documents show that in a message of inquiry to Great Britain and France the United States asked whether the embargo on all commerce between Germany and neutral countries was to be carried out under the rules of a blockade or by interference with ships and cargoes, "as if no blockade existed," the two together presented, in the view of the American government, "a proposed course of action previously unknown to international law." ### A Blockade, but Different. The answers from both Great Britain and France reveal for the first time that the allies officially regard their policy as a "blockade," but desire to refrain from exercising the rights of belligerents under a blockade to confiscate ships and cargoes as a penalty for breach of blockade, substituting for it procedure in prize courts and compensation through sale of the detained merchandise. The definition of "radius of activity" for the allied fleet in European waters, including the Mediterranean, is the first geographical limits of the blockade. Its limits were not given more exactly, the allies claim, because Germany was equally indefinite in proclaiming all the waters surrounding Great Britain and Ireland a "war zone." ### Observation of the United States. The restriction of the area of operations of the blockade to European waters followed this observation by the United States to both Great Britain and France: "While this government is fully alive to the possibility that the methods of # *Fighting Forces Across Water Preparing for Struggle to Come When Roads Are Dry* [spans columns 6-7] ### *Associated Press Summary* [boxed heading] From one end of the long battle front in Belgium and France to the other, Belgians, French, British and Germans are fighting bitterly for strategic points, preparing for the great effort which is bound to come when the roads are dry. The munitions have been brougt [sic] up and the men are ready. The nature of the more or less isolated struggles which are now going on can be imagined from the losses both to the Germans and British during a few days' fighting around Neuve Chapelle. The German casualties, according to General French, numbered in the neighborhood of 18,000. An official list issued by the British war office gives the number of British officers killed in those operations as 112, with 193 wounded or not accounted for. The losses among the men are believed to be large, numbering, it is estimated, about two-thirds of the German losses. French successes are reported in Champagne, particularly around Perthe, where important trenches have been captured, as well as a height which dominates a large section of ground. In an attempt to regain this height, a landsturm regiment, supported by the guard, delivered a violent counter attack, in which, according to the French account, there were few survivors. The Russians in Poland are conducting an active campaign along both banks of the Oryzc river, but they are being met by the Germans with equally hard blows. The official communications on these operations are meager in details, as they are with respect to the campaign in the Carp[a?]thians. ## Column 7 modern naval warfare, particularly in the use of the submarine for both defensive and offensive operations, ma[y?] make the former means of maintaining a blockade a physical impossibility, it feels that it can be urged with great force that there should be also some limit to "the radius of activity" and especially so if this action by the belligerents can be construed to be a blockade. It would certainly create a serious state of affairs if, for example, an American vessel, laden with a cargo of German origin should escape the British patrol in European waters only to be held up by a cruiser off New York and taken into Halifax." ### Another Protest Will Be Made. The publ[i?]cation of the correspondence cleans the slate of diplomatic notes and leaves the United States confronted with the question of whether or not it will acquiesce in the form of blockade announced by the allies or make protest. President Wilson himself has indicated that a strong protest will be made and officials already are gathering material for it. The notes record the failure of the United States to bring the belligerents into an agreement in the use of submarines and mines, the fixing of a definite rule governing shipments of conditional contraband to the civilian population of a belligerent and the abandonment of neutral flags as a ruse of war. ### Officials Puzzled. Officials admitted being somewhat puzzled over the British rejection of the proposals made by the United States in this connection. They observed a statement in the British reply to the American note which is not borne out by comparison with the German note. The British reply refusing to enter into the agreement says in reference to the American communication: "The reply of the German government to this note has been published and it is not understood from the reply that the German government is prepared to abandon the practice of sinking British merchant vessels by submarines." What Germany said officially was as follows: "The German government would undertake not to use their submarines to attack mercantile of any flag except when necessary to enforce the right of visit and search." The proposal of the United States was that Germany and Great Britain should agree that "neither will use submarines to attack merchant vessels of any nationality except to enforce the right of visit and search." The only explanation advanced by officials as a possible reason for the misunderstanding is that a newspaper report, also published in the United States, reached Great Britain, to the effect that Germany had agreed to abandon her submarine warfare against neutrals, but not against belligerent merchantmen. Officials declined to say whether this misunderstanding would furnish the basis for further negotiations. It was evident they were deeply disappointed at the failure of their efforts to bring the belligerents to a realization of the difficulties in which their actions involve the neutral commerce of the world. (Continued on [P?]age Three—[C?]ol. One.) Through the chancellor of the exchequer, the British government announces that it intends to take over the factories in England for the production of war supplies. The state department at Washington has made public the six notes exchanged between this country and Germany, and with Great Britain and France relative to submarine warfare, the use of neutral flags, the removal of mines, the question of food shipments, and the proclamation of a blockade by the allies. Referring to this proposed blockade, the German press says that while this will be without significance on the issue of the war, it is likely to be as complete as the allies can make it, and will serve to goad Germany into waging a submarine warfare with resolution. Three submarines at various times endeavored to torpedo the Anchor line steamer Cameronia on her trip through the Irish sea to Liverpool from New York. The steamer's speed saved her. German underwater craft, however, has succeeded in torpedoing three additional steamers. A Dardanelles dispatch reports the loss of three mine sweepers and one sailing vessel, and considerable damage to a British cruiser in the fighting in the straits. The British admiralty announces that 23 men were killed and 37 wounded on board the cruiser Amethyst last Saturday night, and that the battleship O[c?]ean lost two men killed, while several of the other vessels engaged had slight casualties in men wounded. American citizens in Austria are said to have requested Secretary of State Bryan to take steps to secure the safe passage to Austria of an American ship loaded with food[stuffs?] for them.