Volume XL Number 213. SEWARD, ALASKA, SATURDAY, SEPTEMBER 1,1917. _ Ten Cents the Copy
After a most dramatic scene, in
which Attorney Kay made a strong
plea lor leniency, and Judge Brown
condemned the prisoner at the bar toi
building up a defense upon a delihei
ate falsehood, the t ouri. .it t'*o udm u
this afternoon, sentenced A. K. Mc
Lean. former government school
teacher, to serve a term ot twenty
years at McNeil Island for the killing
of his wife at Nushagak. January JO,
1916.
McLean had nothing to say in his
own defense, but Attorney Kay m;uh*
a most masterful plea for leniency,
stating that he was unable to satisfy
himself that ail had been done that
was possible for the defendant. He
declared that he believed he could
have helped the detendant more, ban
he been able to visit Nushagak oi
had it been possible to hold the trial
nearer the scene ot death so that all
the facts might have been brought
out.
Judge Brown informed Attorney
Kay that he need have no qualms of
conscience, he had exhausted every
possible means to aid the detendant in
avoiding punishment.
Ordering the prisoner to stand up.
the Court then issued a charge which
must forever remain imprinted upon
the memories of those who heard it.
He called attention to his policy of
giving all men convicted before him,
a chance to repent and that in all
cases he had endeavored to discrim
inate in favor of those deserving aid
in turning to a better life.
“I am thoroughly satisfied with the
verdict of this jury." said the Court.
“This crime was committed in a rage
and then you were overcome by re
morse.
“But then was the time to repent,
to throw yourself upon the mercy of
the court and show sorrow tor your
act and seek forgiveness.
“Instead, you have done everything
possible to avoid punishment and
built up a deliberate falsehood and
stuck to it. causing great expense to
the government, delaying your trial
for a year and a half, and then setting
up the defense of inaccurate memory
on the part of the witnesses.
“You need not worry about your
children, they will be better off with
out you.
“It is my judgment that there is
only one punishment for this offense
and that is the maximum provided by
law. You will be confined at McNeil’s
Island for a period of twenty years.”
Attorney Ray was allowed sixty
days in which to file a bill of excep
tions.
Disregarding the story of A. E. Mc
Lean, Nushagak school teacher, to
the effect that his wife had been hurt
under a dog sled, instead of being
beaten to death by him. as charged by
his sons, the jury brought in a verdict
of manslaughter a few minutes be
fore midnight last night.
When word was sent to Judge
r.n wn that a verdict had been reach
ed. court was quickly convened and
the prisoner brought in.
A1 Chamberlain, who had been se
lect ed as foreman, handed the find
ing of the jury to the clerk, who read
the verdict, “We find the defendant
guilty of manslaughter.”
McLean did not betray the slight*
est emotion on hearing the verdict.
Although the jury agreed not to dis
cuss the manner of reaching their ver
dict. it is understood unofficially, that
they adopted a rather novel method
of voting. First, the vote wa}s on
whether or not the boys’ story about
McLean beating the woman’s head on
the floor was true or whether Mc
Lean’s claim that she was dragged
under a dog sled was to be believed.
All voted that McLean had caused the
woman’s death by beating her. Then
the question of what degree of crime
had been committee*!, was taken up
and an agreement reached with a
min mum of discussion.
McLean was brought into court at
ten o’clock this morning and the Court
after thanking the jury for its fear
lessness in doing its duty, dismissed
the men from further service, there
being no other jury cases to bo con
sidered.
The Court explained the defendant’s
rights in regard to time to file certain
motions before receiving sentence, and
Attorney Hay state*! that he did not
believe he would be ready to present
certain authorities he wished to quote,
today. The Court instructed the coun
sel for defense to confer with the U.
S. Attorney and decide what proced
ure would be necessary, pointing out
that tomorrow is Sunday and Monday
a legal holiday.
A_
HOLDS CHILD
LADCP. LAW
INVALID ACT
North Carolina Judtfe Declares Fed
eral Protective Act Is
Unconstitutional
(By Associated Press Dispatch)
GREEN BORO, N. C.. Sept. 1.—In
a decision handed down yesterday,
Federal Jurpe James Boyd declared
the United States child labor law to
be unconstitutional.
RUSSIAN METROPOLIS DESTROYED BY
FIRE, THOUSANDS DEAD OR INJURED
(By Associated Press Dispatch)
PETROGRAD. Aug. 31. — Several
thousand persons are reported to have
been burned to death or injured dur
ing the fire, which destroyed Kasan
last Monday. The fire spread so rap
idly that the population fled to the
fields and forests. Rutlians began pil
laging on a large scale but were
stopped by organized detachments of
students.
Before the fire burned itself out,
36,000 houses were destroyed.
Kasan is the eastern terminal of
the Moscow-Kusan railroad anil is the
capital of the province of the same
name in eastern Russia. It is one of
the greatest river ports of Russia, be
ing the center of an oil producing re
gion. Many naptha refineries were lo
rated there. It was also noted as a
producer of leather, cloth and iron
and copper products.
-*
LABOR DAY
Monday, being a legal holiday,
the banks will not be open and
there will be no issue of The Gate
way.
Labor Day will not be observed
on the U. S. Railroad, however,
owing to the need of construction
work every day between now and
the freeze up on work which can
not be continued after the ground
freezes.
OVER ELEVEN MILLIONS FROM
ALASKA AND YUKON MINES
(By Associated Press Dispatch)
SEATTLE, Sept. 1.—For the fiscal year ending June
80th the assay office here has received $11,198,000 in gold
bullion from Alaska and Canada.
Nome sent $2,790,000; Iditarod, $1,552,000; Yukon
Territory, $1,441,000, and Southeastern Alaska, $302,000.
Other divisions sent smaller amounts.
SANTA ANA
SAILS WEST
*
| Witnesses Return to Nushagak and
Boat Carries Out .Mail
Contract
Owing to the delay on account of
picking up survivors of the wrecked
steamer Kotohira Maru, and the desire j
to take witnesses in the A. E. McLean
trial, from Nushagak, back to their
homes, the Santa Ana had a close call
on the August trip under the federal
' mail contract, yesterday.
Crediti is due to both court and com-1
panv for the efforts put forth and j
courtesy shown to passengers, who;
could not otherwise have reached home j
this year, there being no other boats,
bound for Nushagak, and this being!
the last trip of the Santa Ana into
Bering sea for 11*17.
When it became known that the jury j
would bring in a verdict before mid- j
night, the marshal's office put on
speed and prepared to pay the wit
nesses their per diem and mileage so
soon as they were excused. There
was a race for the dock and the boat
pulled out with a few moments to
spare. The mail contract calls fo‘* a
sailing from Seward once each month |
and it was a case of get away before
midnight.
Passengers for western Alaska
ports on the Santa Ana are: J. F.
Warner, J. £. Warley, H. E. Zinn and
wife, .Mary Parker, F. D. Higson, W.
S. Craig and wife, Miss C. Kelsy, J. F.
(lilbort, Otto A. Larson, Oscar Carl
son, Timothy Currie, Dr. A. R. Rob
erts and Fred Anderson.
FISH WASTE
CASE UPHELD
_
Company Loses Its Appeal on Techni
cality, for Wasting Salmon
On Inlet
The District Attorney's office was
informed this morning that the case
of the United States versus the Alas
ka Packers' Association, for wasting
fish on Cook inlet, had been upheld
by the Court of Appeals.
In this case, the cannery people con
tended that only one instance where
alleged waste of fish occurred could
be shown, w’hile the government had
shown a number of cases, basing the
case on the combined waste.
The government’s showing was up
held, and also the verdict in which
the court denied that it was up to
the cannery to look out for the con
duct of traps.
The company claimed that the traps
where fish were wasted, wrere put up
for and under control of men with
w hom they had a contract for fish, and
that if the fish were wasted, it was up
to the contractor.
220 SIGN FOR
WAR SERVICE
Books ( lose al Nine O’c lock Tonight
On Begisl ration for National
Army
At noon 220 men of military age re
siding in this district had registered
for the draft.
The registration closes at nine
o’clock tonight, after which every
man between the ages of 21 and .‘>1
without a registration card in his pos
session, will be subject to detention
and examination.
Cards should be carefully kept, eith
er in a card case or envelope, to pie
vent the writing from becoming illeg
ible or the number effaced.
_▲_.
SCHOOL WILL
OPEN TUESDAY
Expect Attendance This Year \' ill
Show Increase Over
Past
School will open Tuesday morning
for the regular fall term and it is
probable that the attendance will be
near the one hundred mark, as a num
ber of families with children have ar
rived since the close of school for tin
summer vacation.
Parents should note the territorial
school law, which makes the attend
ance of all children from 7 to 10 years
of age, compulsory.
-,y
The Admiral Farragut arrived from
southward last evening and sailed
west.
The Santa Ana sailed on the last
trip of the year to Xushagak at 11 :'»0
last night.
The Mariposa is due from westward
tomorrow evening.
The train will go to Mile .72 tomor
row.
-*
There will only be 7:30
A. M. mass Sunday.
THE WEATHER
Yesterday.
Maximum .55
Minimum .46
Current .50
Precipitation.54
Cloudy. South wind.
WEATHER TOMORROW
Clearing.
THREE BILLIONS OE LIBERTY LOAN
BONDS TO BE SOLD NEXT MONTHj
WASHINGTON, Sept. 1. — The next Liberty Loan;
bond issue will be offered to the public on October 1st,:
according to plans of the treasury department. Subscrip-1
tions will be asked for $3,000,000,000 worth of bonds and;
will close November 1st. [
ADVANCE Y ITALY
CADSFRENCH HIT
AISN [ LINE AGAIN
(Ity Associated Press Dispstch)
VIENNA. Sept. 1.—Proposals by those favoring the
ceding of Trieste or South Tyrol to Italy in an effoit to
bring about a separate peace and put a stop to General
Cadorna’s advance from the south, are being resisted bv
Germans in Austria.
The German National League has demanded that the
government take vigorous and unsparing measures to
check the Austrian agitation for a separate peace.
The league declares in an open statement that irre
sponsible elements are making it difficult for Austiia to
continue by the side of her allies and that Germans in
Austria will resist to the last any proposals to end the con
flict with Italy by ceding territory.
FRENCH TAKE NIBBLE ON AISNE
(Hy A’mocm ted I’re»* Duputrh)
PARIS, Sept. 1.—French troops on the Aisne front
opened an offensive in the Hurtebise region today and in
one sweep carried all objective along a difficult little sec
tion three quarters of a mile wide. The drive extended
for a depth of 300 yards and opens the way to more ex
tensive operations.
ROUMANIANS SHOW COURAGE
(By A«noeialed l)l»p«U’h)
ODESSA, Sept. 1.—Russo-Roumanians are fiercely
resisting Teuton attacks from the region of Oitud Dean
and the valley of the Sereth and Putna rivers. Losses are
heavy on both sides.
Spies report that MacKensen is urgently demanding
re-inforcements and the Roumanians are still hopeful ol
retaining Moldavia.
PHILADELPHIA SENDS 35,000 MEN
FROM GUARD TO FIRST CAMP
(By Associated Pres* Dispatch)
PHILADELPHIA, Sept. 1.—Philadelphia paid trib
ute today to her first State contingent to the army, when
the troops, formerly of the National Guard, numbering
33,000, marched to the depot en route to the Carolina train
ing camp, where they will appear for service in Europe.
Over a million persons reviewed the parade.
_A
DOWN RADICAL WAR PROFIT TAX
(By Associated Press Dispatch',
WASHINGTON, Sept. 1. — The Senate has resumed
debate on the war profits provision of the war tax bill
under agreement for a final vote on the bill itself not later
than September 10th.
In the first test of strength between the radicals
and conservatives on war profits taxes, the radicals were
beaten. The Senate "rejected the amendment offered by
Johnson of California for a gross levy of 80 per cent on
war profits, by a vote of 62 to 17.
PACIFISTS HAVE T07‘M0VE ON” AGAIN
(By Associated Press Dispatch)
CHICAGO, Sept. 1.—Pacificists who failed to find an
asylum for their meeting in Wisconsin and Minnesota, be
gan their scheduled convention here today without oppo
sition, but three hours after convening they were dispers
ed by the police on order of Governor Lowden.
The “People’s Peace Council” opened in the west side
auditorium with no police present, and no crowd, except
newspaper men. Outsiders paid no attention to the con
vention.
They continued without interruption in their talk un
til the arrival of officers with instructions from the gov
ernor.
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