Idita ’od Pioneer
Onk Dou AR taM. " IDITAROD, ALASKA, SATURDAY MORNING, JULY 3, 1915._ Two Bits Pkk Copy
GERMANY’S REPLY IS
STILL FORTHCOMING
WASHINGTON, July 29.—Germany’s reply to the American note
is expected to be delivered by July 5 or 6. It is expected to be favor
able. According to Ambassador Gerard, the German chancellor has
left Berlin to confer with the kaiser at the front.
Reply Being Considered by Wilhelm
BERLIN, July 2.—The reply of Germany to the American note on
the submarine warfare is now in the hands of the kaiser.
Germany’s Proposal in Frye Case Rejected
WASHINGTON, July 29.—The text of the note sent to Germany
last week, asking a reconsideration of the refusal to settle by direct
diplomatic negotions instead of by prize court proceedings the Frye
case, has been made public. The L'nited States practically declined
the German proposal.
Will Investigate Alleged Abuse of American Flag
WASHINGTON, July 2.—A searching investigation is being con
ducted by the government into the cases of the British ships which are
reported to have flown the American flag.
WEATHER CHECKS ITALIAN ADVANCE
Bad Weather Hinders Italian Advance
UDINE, July 2.—The Italian advance in the Tyrol has been hindered
seriously by bad weather, which has been exceptional for midsummer
months. Streams which are generally dry at this time of year are now
almost impassable.
Greeks Reported to Be Taking a Hand
ROME, July 2.—Advices from Antivari claim that two large bands
of Greeks are advancing toward Berau, occupying the villages along
the way.
Naval Battle Looked For
LONDON, June 30.—The Austrian fleet is preparing to steam out
and force the fighting with the Italians in the Adriatic.
Will Not Discuss Peace Rumors
Italy refuses to discuss the rumors that the country is entertaining
peace propositions.
Diplomatic Relations Severed
ROME, June 28.—Diplomatic relations between Italy and Turkey
have been severed.
Italians Have Struck No Decisive Blow
UDINE, June 30.—The Italians have not struck a decisive blow in
several weeks, and are striving to occupy positions of vantage.
Italian Torpedo Boat Sunk
VIENNA, June 28.—An Austrian submarine has sunk an Italian tor
pedo boat in the Northern Adriatic.
War Not Yet Declared Between Italy and Turkey
The Turkish ambassador to Italy, Naby Bey, has asked for his pass
ports. Neither country has yet declared war on the other.
RUSSIANS REPORT NAVAL SUCCESSES
German Torpedo Boat Sunk
PETROGRAD, July 2.—A German torpedo boat has been sunk in
the Baltic by striking a mine. Off Windau the Russian fleet has en
gaged a German battleship and four light cruisers and several torpedo
boats, which were attempting to land troops for an attack on Riga.
AUSTRIANS AND HUNGARIANS AT DARDANELLES
Turkish Trenches Captured
LONDON, July 2.—Two lines of Turkish trenches have been cap
tured near Saghirdtre. The Austrians and Hungarians are now bearing
the brunt of the fighting in the Dardanelles.
Eight Battleships Bombarding Kirthia
ATHENS, July 2.—Eight battleships of the allied fleet are pounding
away at the Turks at Kirthia.
Turks Reported to Be Exhausted
PARIS, June 30.—Advices received here state that Turkey has ex
hausted herself in the Gallipoli fighting.
British Aeroplane Drops Bombs on Smyrna
LONDON, July 28.—A British aeroplane has dropped bombs on
Smyrna, and many casualties have been casued to the garrison.
Glorious 4th
IDITAROD
On Monday, July^5lh
CDPIT Dance and
■ IiErEbi Picture Show
Ladies and Children will be car
ried on the Auto Tram for
HALF FARE
MANY RICH, RARE AND RACY DOINGS ON THE LIST
CASE 01 UNITED STATES VS.T.L.APA.T.THURSTON
IS IN TIE HANDS OF JURY IN DISTRICT COURT
The case of the United States vs. Thomas
L. Thurston and Agnes V. Thurston, in
which the indictment charges the defendants
with delaying, detaining and embezzling a
certain mail package addressed to Albert
Wile, containing his commission as post
master to succeed Thurston, has been on
trial in the district court for the past two
days. After being out from 9:20 p. m.
yesterday to midnight, the jury reported
to Judge Bunnell that they could agree upon
a verdict in the case of Agnes V. Thurston,
but could not agree on a verdict in the case
of Thomas L. Thurston. Judge Bunnell im
mediately adjourned court until 10 o’clock
this morning, and the jury was again
locked up to continue their deliberations.
Preliminary Proceedings
On Monday last Thomas L. and Agnes
V. Thurston were arraigned in the district
court on indictments charging them with
various offenses against the postal laws
while acting as postmaster and assistant
postmaster of Iditarod. At subsequent ses
sions of the court further proceedings in
the cases were had, and demurrers to all
of the indictments were filed and argued
by the attorneys for the defendants, Messrs.
Charles E. Taylor and Henry Roden. In
one case, that in which the defendants
were charged with detaining and delaying
the commission of Mr, Thurston’s successor
as postmaster, Albert Wile, the demurrer
was overruled. The demurrer to the in
dictment charging the misappropriation of
a certain magazine addressed to William
Ansley, was sustained by Judge Bunnell on
the ground that the indictment was faulty.
In the cases of the two remaining indict
ments the court took the demurrers under
consideration. The trial was set. for Thurs
day morning, and at that time the work of
selecting a jury was commenced.
Owing to the fact that a number of
jurors on the regular panel had been ex
cused on grounds satisfactory to the judge,
end others could not be found and there
fore could not be served with subpoenas,
the panel was reduced to eleven men. A
special venire was ordered by Judge Bun
nell. and these were ordered to appear on
Iriday morning.
The Jury
The jury was completed shortly before
11 o’clock on Friday morning, and the trial
was immediately commenced. The make-up
of the jury was as follows:
A1 Lowe, Charles Lovett, George Fay,
Thomas Willett. Thomas Hines, H. E.
Crouse, Jeremiah Wynne, William James,
J F. Keenan, Robert Poole, John Frick
and G. J. McGee.
Open ng Statement by Mr. Roth
District Attorney Roth in his opening
statement to the jury said that the govern
rnent expected to show that on the mail
reaching Iditarod on March 28, 1914, or on
the subsequent mail, a package or tube con
taming the commission of Albert Wile to
succeed the defendant Thurston as post
master at Iditarod was received; that Thurs
ton knew the package contained the said
commission, and that he willfully detained
and delayed the delivery of said package
in fact, embezzled it. Wile entered upon
the duties of his office upon telegraphic in
structions from Washington, taking charge
on April 1, 1914. Some days afterward he
found the missing commission apparently
secreted among some rubbish on the floor
of the office, under the sorting table. Wile
had been told on calling for mail on March
28 that there was no mail then for him.
Upon this showing the prosecution would
expect the jury to Dring in a verdict of
guilty as charged.
Brief Statement for Defense
Henry Roden, for the defense, made a
brief statement in which he said that
the defense would deny each and every one
of the allegations contained in the indict
ment. He expected to prove to the satis
faction of the jury that the charges were
unfounded.
Albert Wile Called
Albert Wile was the first witness called
by the prosecution. He stated that he
was postmaster at Iditarod, and assumed
his duties on April 1, 1914. He was ap
prised of his appointment “either in October
or December,” while in Juneau. The com
mission was dated February 3, 1914. A
ftlegram was produced and its introduction
was objected to by the defense, but the
objection was overruled. It showed that
the commission was mailed February 3,
1914. Wile started from Juneau for Idita
rod on February 21, 1914, and arrived at
Iditarod on March 20, 1914. He went to
the postoffice on March 21, on which day
the mail had arrived. It was in the after
noon, and he asked for mail. The commis
sion was not delivered to him. The next
mail arrived on March 28. He called at
the postoffice again on that day, and re
ceived mail from Washington, D. C., dated
February 6. He remarked on his failure
to receive other mail that he was expecting.
Mrs. Thurston was at the delivery window,
and took him to task for saying that mail
was being held out. William B. Thomas
was present at the interview. Wile took
possession of the office on April 1, 1914,
end ten days later, while cleaning up the
office, found the missing commission under
the sorting table, among a pile of papers.
He identified the tube in which the com
mission was mailed. The indorsement had
beeu made upon it, “April 10, 1914," by
Harry McLean, then assistant postmaster.
He sent for Deputy Marshal Percy Charles
before opening it, and it was opened in his
presence. The framed commission was in
troduced in evidence. Mr. Roth wished to
remove it from the frame for convenience
in filing, but to this Mr. Wile strenuously
cbiected, and it was received in evidence—
frame and all. Clerk John F. Clark was
reluctant to mark the exhibit for identifica
tion, but this was finally accomplished.
Mr. Wile taid that when he asked for his
mail at the postoffice all the first-class mat
ter had been distributed.
This ended the direct examination of the
witness, and a recess was taken for lunch.
Wile’s Cross-Examination
Court reconvened at 2 o’clock and the
cross-examination of Mr. Wile was taken
up by Mr. Roden.
In answer to questions he stated that he
wired the postoffice authorities at Wash
ington on March 28 and received an answer
ou the 30th. Mr. Roden attempted to
show by the questions that first and second
class matter was sometimes carried in the
same sack, and that it was possible that
the commission had been mistaken for sec
ond-class matter. Wile said that when he
asked for his mail Thomas and Thurston
were in the office, as well as Mrs. Thurston.
The telegram sent by Wile to Washington
was placed in evidence. He was asked to
describe the position of the office furniture
by making a drawing of it. Wile stated
he “was not an artist.” and the judge de
cided that he was not compelled to draw
the map against his will.'
On redirect examination by Mr. Roth
the witness was asked as to how the tube
containing the commission could be dis
tinguished as first-class matter, but the an
swers were somewhat confusing.
Thomas’ Testimony
W. B. Thomas who stated that he was
now a deputy United States marshal, testi
fied that from August 1, 1913, to September
1 of the same year he was employed as
clerk in the postoffice under Thurston. In
1913 he was employed after the arrival of
each mail and during the holidays. He was
employed by Thurston as assistant post
master on August 16, 1914. On the 28th
day of March, 1914, he was in the post
office, and on succeeding days. He assisted
it) distributing the mail. He identified the
tube which had contained the missing com
mission. He first saw it when Thurston
called his attention to it and asked his
opinion about it. He told him he thought
it was Wile’s commission. In fact, he had
slipped the document out of the tube and
confirmed his opinion. Thurston said he
was not supposed to be a mind reader. The
witness last saw it on that occasion on the
sorting table. The stamp indicating that it
was first-class mail matter was indistinct,
but he was sure it was first-class, as second
class matter was not marked. He had
asked Thurston about Wile’s taking posses
sion, and had been told that Wile would have
to have his commission before doing so. He
saw Wile the day following his arrival in
Iditarod, and testified to his having asked
Mrs. Thurston for mail.
On cross-examination he admitted he was
not well versed in the postal laws, and
could not tell what the rule was in regard
to opening first-class mail.
Deputy Marshal Testifies
Deputy Marshal Percy G. Charles identi
fied the tube which bad contained the com
mission. He first saw it on April 10, 1914.
when Wile called him to the postoffice and
told him how it was found. He opened the
tube and extracted the commission there
from in the presence of Wiley, and Mc
Lean.
Government Rests
Wile was recalled and testified that the
commission had not been removed from
the tube prior to the arrival of the deputy
marshal.
The government then announced that
that constituted their case.
Defendant on the Stand
Thomas L. Thurston, one of the defend
ants, was the first witness called by the
defense. He stated that he was appointed
postmaster of Iditarod on November 19,
1911, and that the appointment did not
stipulate any definite period of office. He
met Wile after the latter’s return here on
March 21. 1914. He came to the postoffice
end asked foi mail, and Mrs, Thurston gave
it to him and he went out. Wile had said
nothing about his appointment as post
master. Wile came to dinner at his home
on March 22. Wile had told him at that
time that he had a telegram notifying him
of his appointment as postmaster, which
also contained the information that his
commission had been mailed to him. He
met him again on March 25. At that time
in had told Wile that it would be a good
idea to telegraph to Washington regarding
the transfer of the office. He (Thurston)
had sent a wire asking if it were permissible
for him to turnthe office over to Wile before
the presentation of his commission. A reply
was received on March 30, directing him to
turn the office over on April 1. The mail
had arrived on March 28 at 4 p. m. The
first-class lock-box matter had been assorted
the same day, while other first-class matter
was not assorted. The practice was to
open the locked sacks, throw the letters on
the left-hand side of the sorting table, and
other matter on the right, the latter being
left till the last. On March 29 he saw the
tube in question, which was mutilated.
He tried to find out the addressee’s name,
but “le” was all that was legible. He asked
Thomas what he made of it. He could not
make it out, and suggested looking inside,
which he did, and saw enough to know (
that it was for Wile. He placed it in the,
second-class pigeonhole, two or three feet
from the sorting table. It came in the mail
of March 28. On account of its size it was
not put with the regular first-class mail.
Wile had not called for mail between the
28th and 30th. The witness denied with
holding Wile’s mail, and said he had no
knowledge of how the tube came to be
under the table. He had not seen it after
placing it in the pigeonhole.
Cross-Examination by Mr. Roth
Mr. Roth asked Thurston as to the tele
gram he had received from the postoffice
department. In answer to a question as to
the tube in evidence, he said he did not
know what it contained. Thomas had said,
it contained Wile’s commission. Asked why
he refused to turn the office over to Wile
in spite of the fact that he had seen the
commission, he said it was not customary
to give mail to anybody unless they asked
foi it.
Mrs. Thurston Testifies
Mrs. Agnes V. Thurston, one of the de
fendants, testified that Wile asked for mail
on March 21, and that, she gave it to him.
Or the 22d she saw him at dinner at her
home. Wile had told of his appointment
ac postmaster at that time. She saw him
Again on the 28th, when he came for his
mail, and when she gave him all that was
addressed to him. She never saw the tube
containing the commission, and had never
delayed, secreted or detained any mail ad
dressed to Wile.
Upon the conclusion of Mrs. Thurston’s
testimony the defense rested.
Wile Recalled
Witness Wile was recalled to the stand
end identified a post card which he had re
ceived in the postoffice at Iditarod. The
card was mailed from Washington, D. C.,
three days later than the date indicated by
the postmark on the tube which had con
tainer! the commission. The card was re
ceived by witness on March 28. He denied
having any conversation with Thurston in
which the latter had told him he intended
to wire to Washington with reference to
transferring the office to him prior to the
presentation of the commission.
The Sensation of the Day
R. M. Hall, who stated that he was in
charge of the wireless telegraph station at
Iditarod, was asked to identify two tele
grams sent by T. L. Thurston on March 25,
1914, which he did. The copy of the teie
grom which had been introduced by the
defense, and which purported to have been
sent by the defendant on March 25, was
not found in the files in Mr. Hall’s charge.
The copies of telegrams introduced by
Mr. Roth, and which were verified by Hall,
were admitted in evidence over the objec
tion of the defense. One of them was ad
dressed to Delegate Wickersham at Wash
ington, urged the Alaska representative to
“make a rush appeal for my retention in
office till the end of the fiscal year,” urging
the difficulties of travel and illness as a
reason for the request.
The second telegram was addressed to
the postmaster general, and asked Thurs
ton’s continuation in office until the end
of the fiscal year, giving similar reasons.
Argument Commences
Both sides rested at 4 :48 p. m.. and un
der an agreement of counsel argument was
limited to one hour for each side.
G. Ellis Gardner, assistant district at
torney, opened the argument for the prose
cution. He wanted it understood that no
cnc connected with the district attorney’s
office had any personal feeling in the matter
oil trial. The government had no desire
to see innocent persons suffer. Great pains
had been taken in selecting the jury. “You
have been selected,” he said, addressing the
jurymen, "because both the government and
the defense believe you to be honest, up
right citizens, and that you believe in the
enforcement of law.” He said the jury was
to be sole judge of the facts in the case.
The facts were that T. L. Thurston and
Agnes V. Thurston were in charge of the
Iditarod postoffice—were the servants of the
people and community, whose duty it was
to receive and deliver mail to the people.
The indictment charges them with the
unlawful detention of a certain tube con
taining the commission of Albert Wile to
succeed T. L. Thurston as postmaster.
Thurston admitted its receipt by him. It
had been proved that the piece of mail had
been sent as first-class matter. Thurston
had said he did not know whether it came
as first-class or second-class. Wile called
foi mail on the evening of March 28 and
did not receive it. The commission had
arrived on March 28. Thomas helped to
distribute the mail. He did not see the com
mission on the 28th, but saw it on the
2l)th in the hands of Thurston, who admits
it was Wile’s commission. This was four
days after wiring to the postmaster general
at Washington and to Delegate Wickersham
asking to be retained in office until the end
of the fiscal year. Mr. Gardner intimated
that the address w-as mutilated by Thurs
ton. He discredited the sending of a tele
gram by Thurston asking permission to turn
the office over to his successor. “He never
turned the commission over to Wile be
cause Wile never asked for it," said Mr.
Gardner, sarcastically. Thurston had made
no explanation of how the tube got under
the rubbish and under the sorting table. If
the government had failed to prove the de
fendants guilty beyond a reasonable doubt,
they must be exonerated, he said; but if,
on the con.rary, the government has proven
its case, as he believed it had most con- |
clusively, we expect you to lay aside feel- j
ings of friendship and bring in a verdict
in accordance with the facts.
Mr. Taylor's Remarks
Charles E. Taylor, for the defense, recited
the fact that the defendants were charged
with detaining, delaying and embezzling a
package belonging to Wile. He believed
the prosecution was making a mountain out
fo a mole hill. “Is there any evidence that
will justify you in sending these defendants
to the penitentiary for such a trivial of
•fense?” he asked. Wile had called at the
postoffice once, and had never again in
quired for mail. He belittled the evidence
iu relation to the post card which was said
to have been mailed in Washington at a
later date than the commission, and to
have been delivered to Wile on March -8.
He called attention ‘o the mutilation of the
package, and said there was no evidence
that the defendants had mutilated it. The
witness Thomas had said that he had in
formed Thurston that it was Wile's com
mission. It was put :n the “W“ box at the
postoffice. He contended that the package
must have been accidentally dislodged from
the pigeonhole to the floor. It was not
found in a rubbish pile, but among a
quantity of mail on which the addresses
were illegible. He deprecated the intro
duction of telegrams having no bearing on
the case on trial. It was only natural that
Thurston should have endeavored to be re
tained in office. The defendants must be
judged not. guilty under the showing made.
Roden Closes fpr Defense
Henry Roden, who closed the case for
the defense, thanked Mr. Gardner for con
tinuing the same tactics which he himself
had used when he was in the district at
torney’s office—telling the jury what fine
fellows they were and how they had a tine
sense of duty. He told of the extremes to
which prosecutors will go in order to secure
convictions—how the strong arm of the
law' reaches out and searches the world
until the victims are in its clutches. He
belittled the charges and reviewed the evi
dence. He suggested that had Thurston
wished to destroy the package he could have
done so without discovery. The testimony
was such as not only to cause the jury to
hesitate in its decision. They must be con
vinced of guilt before rendering a verdict
sustaining the charge.
There waS not a vestige of testimony
connecting Mrs. Thurston with the case, he
said. “The prosecution would have you
place a stigma upon this woman to become
a reproach to her and her family, upon not
the least scintilla of direct evidence—upon
the testimony of this little man sitting
hero (indicating Wilo) who got peeved
CROWN PRINCE’S ARMY
IS BADLY DEFEATED
PARIS, July 2.—The army of the German crown prince has been
defeated with heavy losses, and is now retiring about Verdun.
Moving Troops From Galicia
LONDON, June 27.—The Germans have closed the Belgian frontier
during the movement of troops from Galicia to the western battle
front.
German Ammunition Depot Destroyed
British aviators have dropped bombs near Roulers, Belgium, causing
the explosion of an ammunition depot in which fifty German soldiers
were killed.
Nothing Doing in the Fighting Line
PARIS, June 28.—No changes are reported today on any front.
FIGHT FOE WARSAW TO BE RENEWED
LONDON, July 2.—Evidently bent upon a decisive victory, the Ger
mans are assisting the Austrians in making every effort to capture
Warsaw.
LONDON, June 29.—The Russians are again retreating in Galicia,
both north and south of Lemberg. In Poland the Germans are ad
vancing for another attack against Warsaw.
LONDON, June 27.—Heavy guns have been shipped from Essen to
the Bzura river. It is believed they are to be used in the attack upon
Warsaw.
Russian Right in Danger
BERLIN, June 30.—The Austrians and Germans threaten to cut the
Russian right wing off from the armies East of Lemberg. The Teutonic
armies have suffered no losses in driving power.
Galician Town Taken by Teutons
LONDON, June 29.—It is reported from Berlin that the Galician
town of Hailze has fallen into Austro-German hands. Fighting is now
being carried on against the Russians near the River San.
vhep I asked him a question,” concluded
Mr. Roden.
Roth Closes for Prosecution
Mr. Roth, in closing for the prosecution,
said he had been much impressed by the
tears shed by his friend Roden. When
he was a prosecutor he did not shed tears.
All there was to Roden’s argument was an
appeal to the jury to acquit the defendants
—an appeal to sentiment. He did not be
lieve the jury should be swayed by senti
ment. They were officers of the court, just
as solemnly bound by oath to execute the
laws as was the judge himself They must
do their duty, and not rely on sentiment.
Roden had belittled the prosecution, and
probably from his own experience he had
warned the jury that the prosecution thinks
of nothing but hounding people into the
penitentiary. I expect that my record will
stow that I am willing to give everyone
justice. Mail matters are not trivial mat
ters. He spoke of the trouble experienced
iu getting mail into the country, and said
that postmasters may easily make of them
selves despots by withholding mail. He an
nounced that he would endeavor to enforce
the postal regulations throughout this judi
cial division, as it is of the utmost import
ance to the people of Alaska that their mail
service be free from molestation.
Whether it might have been better busi
ness for the government to hav foregone
the expense in connection with bringing
these defendants back from the Outside
was none of the jury’s business. The testi
mony was conclusive that Thurston with
held that commission in order to hold the
office. He comes here with a deliberate
falsehood, giving a copy of a telegram he
never sent, asking authority to turn the
office over to Wile. The same day he realiv
sent telegrams asking to be retained in of
fice He deliberately worked up a fake tele
gram as a defense. Mr. Roth called atten
tion to the telegrams. They were .'ent on
private business at public expense. He also
called attention to the post card to show
that it came on the same rnad as the com
mission. He impressed upon the jury th ■
importance of enforcing the postal law*.
With reference to Mrs. Thurston, the jury
would know from the proceedings that the
indictments were returned prior to his in
duction into office. He would not take it
upon himself to say his predecessor acted
unwisely. He did not feel like moving for
a dismissal; if she was innocent she was
entitled to an acquittal. There was no
specific evidence against Mrs. Thurston.
Neither he nor Mr. Gardner had said a word
of unkindness against Mrs. Thurston. There
was no direct evidence against her. There
was absgolutely no doubt as to Thomas L
Thurstons guilt.
He expected the jury to return a verdict
in accordance with the evidence. The mat
ter of punishment was for the decision of
the court.
LONG-LOST TREASURE
RECOVERED FROM DEEP
SEATTLE. July 2.—Advices received here
from Juneau report that divers have re
covered the purser’s safe and many boxes
of gold dust from the wrecked steamship
Islander, which was lost in August
1!>00. The treasure recovered is estimated
at $100,000.
Fourth of July Celebration
AT FLAT CITY
MONDAY, JULY 5
Judge G. E. Bunnell and Hnn, Rhinehart F, Roth
Will Address the People
$1,000 PURSE
For Quarter-Mile Horse Race Between Two of the Fast
est Animals in Alaska
1st Prize. 2nd Prize.
BASEBALL GAME . $50.00 $25.00
One i . • >red yard Dash. 10.00 5.00
Ladies’ Dash, 75 yards. 7.50 5.00
Girls and Boys under 10 years. 3.00 2.00
Girls and Boys over 10 years. 5.00 2.50
Running Broad Jump. 10.00 5.00
Ladies’ Nail-driving Contest. 5.00 2.50
Fat Men’s Race. 7.50 5.00
TUG-OF-WAR, FREE FOR ALL. 50.00 25.00
Sack Race. 7.50 5.00
Potato Race, ladies. 5.00 2 50
Obstacle Race. 7.50 5.00
Three-legged Race . 10.00 5.00
Pie-Eating Contest . 7.50 5 00
Old Men’s Race. 7.50 5.00
Wheelbarrow Race . 10.00 5.00
Standing Broad Jump . 7.50 5.00
BIG MOOSE BALL, IN MOOSE HALL