Newspaper Page Text
_IfB TIMB8 FOUNDED HC*.
ffHE DIBPATCH FOUNDED UBO.
WHOLE NUMBER .17,71.).
RICHMOND, VATruSsr) AY,~NOVEMJ3_.R 24,1908.
PRICE TWO CENTS,
DEATH COMES 10
Distinguished Career of No?
ted Virginian Ends Quietly
After Long Illness.
ONCE PRESIDENT OF
R., F.&P. RAILROAD
Jscrvcd Gallantly in Confederate
Aimy, Afterward Beiiig Ele
yated to Chancery Court ?
row Afternoon at
THOUOH for more than a month
all hope of lt 13 permanent n?M
toratlon to health had been >!'?
Bpalred of by IiIk family and
frtands, tiie announcement of
t-he death of Wllllam Josiah Leake at
half-paat 8 o'clock yesterday afternoon,
at hls reBldenoe, No, 916 ivirk Avenue,
In thla clty, came aa a dlstlnct .sho<*k
to thls communlty. More thnn slx
, "montha ago Judge Leake wns <-..i.
Unod to hiH home wlth lltnesB, hut nb
one at tho tlme, or for B. long tlin>>
? fterwardB, thought hlm serlously uf
lllcted. When he falled to recover a_
rapidly as was expected, ho went to
tho Hot Sprlngs, ~X"n., und !t was
'tthought he harl recelved Kubstantial
beneflt whlle thero, and It wai not
?Untll hls return homo that the ae
rlousnesa ot ht? IllneiB, whlch flnally
cauBed hls death, developed.
p Whlle Judge Leake had not alway?
Ireslded here, there waa no man ln the
'eity who was more wldely known,
moro admlred, . or better loved than
ho, and hla death cauH<">i a vaeaney
.ln buslness and social elreles that can
!*wtth dlfflculty be filled.
| Born at "Cleveland," ln Goochland
.county. Va., on September 30. 1*1'.
LWIlUam Joslah Leake recelved hla
?-irly educatlon at local nchoolH and B
blaaalcai educatlon at the Well known
?ci.ooi of St. Oeorge Tucker, ot Anh
land, Hanover eounty, \'a. Immedlate
fly precedlng the war, hls father havlng
met with iinanciai reveraea, be became
? page at the, famous convention at
Which virginia seceded. and ln that
capacity he Is stlll rcmenibered by
those who attended the convt-ntlon in
those momentous daya.
At the otitbreak of the war he nn.
At the close of the war Judge Leake i
read law in the ofllcc-s ot Mr. Ale
?.. I H. Sands, nnd upon l-.is adi:.: li l
i > the bar formed a co-partnershlp
with that well-known lawyer and
legfel author, nnder tlie flrm name of
Sanda _* Leake. Withln .. few yeara
thereafter Mr. Hlll Carter became a
member of the r.rm, and with hlm
Judge Leake had ever since been as
Koclated, and under the tlrm name of
Leake & Carter, upon the death of
Appolnted to the Hencb.
Havlng shown consplcuous ahlllty In
Chancery matt/pra aa a commlssloner ln
Jrhancery, he was niade judge of the
Chancery Court of Rlchmond in 18.0,
to succeed Judge Fitzhtigh, deceased,
?fcy Governor McKinney, upon th?* unan?
lmous recommendatlon of the local bar
-lurlng the vacation of the Legislature.
ilJurlng hls term of ofllee he rendered
Imany important decisions, the fore
Snost of whtch wa.s probably that ln the
letty Lewls Thomas wlll caae, his de
"rlslon havlng been afterwarda af
Jlrmed by the Supreme Court of X\,
Jpeals of thls State. The reiiulrements
land exactlons of the bench, however
>lld not suit hia taste and hls habits
-f work, and after elghteen months or
"iervlce in thi/* branch ol hls profes
)ion, he declined election at the handa
bf the LegiBiaturo. Immedlately there
Kter he renewed hls co-partnerahlp
,_rlth Mr. Carter, and contlnued thia
"Connectlon up to the ,iay of his death |
-or years past thls firm has been I
one of the best known law flrms ln;
Ihe St_te, and few Important cases1
have been decided in this communlty i
?Withln the past decade in whlch it:
lias not appeared. Judge Leake's
taients and traihihg fitted hlm best for
buslness and chancery matters, and hla
advlce and aaalatance was conatantly
?.ought by Important buslness lnter?
ests and In the settlement of estates I
Hls force. his thorough knowleclge of i
tho law, tact, sense of justlce and!
right made hlm a most u-seful and vul-'
At the time of his death he was a
member of the board of directors of
the Mutual Assiirance Society, tlie Vir?
ginia Flre and Marlna Inaurauco i'uih.
pany, the Clty Bank and the Rlch?
mond, ' Frederlcksburg and Potomac
?Rallroad <*ompany. havlng served two
years as prealdent of the latter ?-<>m
pany upon the ileath of Major K. _. D.
Myers, and untll a permanent presldent
could be selected.
He was devoted to hla natlvo State,
nnd was deeply lnterested fu all that
concerned the history o? the Old I'o
inliiion, which was tntenslfled by hls'
long identlflcatlon with tlie Historical
Society of Vlrginla, in whose welfare
he always had an al.i.i Ing and even
affectlonate Intereat, und at hla death
whh a member oi' Its executlve com?
mlttee, He was a member of U. K.
Lee Camp, and there wa.s nothing of
which ho was more proud than his
record as a Confederate soldjeri
Judge Leake wns marfled twice, his
first wifo being Sarah R. Jordan, tlie
daughter of .1. M, Jordan, ot' Prlnce
George county. Va. By this marriage
there wero born three cliildri'ti- ? l?"uti
nlo K. Patton, wife of Rev. .1. -l. Patton,
of san Antonlo, Texas; .1. Jordan Leake
nnd Stuart C. Leake. Iiis second mar?
riage was to Clara uaxaii Qelrne,
daughter of Thomas Bellapp and rtaru
Grundy, of Ashland, Hanover eounty,
Va., and wldow of Ulchnrd l'\ Heirne,
the well-known journallst and editor
At the State.
A meeting of the Riohmond Bar As?
sociation has been ualled to take ao*
* tion on tht death of Judge Leake for
:I2 o'clock M. on Wednesday; Navembev
?5th, at the Chamber of Commerce.
The executlvo committee of tho Vir
Rlnla Historical Society wlll meet at *:?
o'clock thla afternoon.
The followlng is a list of the. aetiv,
?nd honorary pall-bearers who wlll act
?Bt the funeral. which wlll be held from
?JC.ntinued q? J*a6t "t?aaej~~
Itelny Have Krom New Vork I-'nd* li
WAhlllNGTON, D. C, November 23.
Presldent Roosevelt at.6:45 o'clock to
rilght recelved at the White Hous.
from the hunda of Gordon Leech, th'
laM boy runner ln the r.-liiv run fron
Now v..ik ti, Washington, the silv.*
tiibe containing a meaaage lo tlie Pret
Ident frotn Rlchard i!. Morae, of th
Interhatlonal Young Men's Chrlstlai
Aaaoolation, Tho Presldent w_.a aeate
tu the prlvate offlce In the executlv
Offlce, when young Leech was usherc
ln by Rudolph Eorost, one of the Frosl
dent'i aeoretarle*, an.i John B, siey
man, of the lo. al V'.ung Men's Chrlstla
"1 believe ln athletlctf br a meatiB t
an end, and 1 s.-e no reason why nn
ahould have round aHoulder*,'' comment
ed Iho Prealdent In acceptlng the me?
?age, When told that nearly 1,00
apecdy boys had handled the measag
siuee It lefi New York Frlday Hfternoo
be manlfestod great interest. He char
acterlzed as partioutgarly pralseworth
the record made by the lioo Waahingto
ladB who brought the messiigi- hei
from Baltlmore. a distance of fort
mllea Ir) three hours and ten mlnutes,
Thc Presldent, after ;, hrlef conver
tatlon with th? young athreta, gav.
hlm one of hls photographH bearing hl
Secretary Forster sald that thc con
tcilta of the message would I"- mad
publlc to-morrow. The nui froni Bal
timore to Washington was exclting, tli.
fleet messengera endeavorlng t<> exce
each other in awiftness. Between Ba|
timore and Hyattsvllle the messag.
waa carrled along by boys strunj
along tho route a quarter of a mli
apart. The lasl "even mlles from Hy
attSVllle was marked by tlie BPei dle?
runs. the message being handled b<
th. lads ln 100, and 200-yard daahei
Nearly a score of automobiles accom
panled the runnera along thc route.
Tlie message left New York Frlda;
aft.-rnoon at 4 o'clock and reache.
BaHlmor. late Saturday night. it re
mained ln Baltlmore untn after
o'clock this afternoon, when the rui
t iiiiiiiiltii-i- on Ways nml >leun* Seek
I.laht on thr TnrlfT.
WASHINCTuN. ','. C Novembor -3.
As a reenll of the declaratlon of An
dr. iv t'a i ? .-j.- that the schedules o
Iron and steel should be reduced, th
Ways and Means Committee of th
ii,.-.. ... -:n_hl formally Invited Mi
Carnegle to appear before it thls wee!
to t? '.1 what he knows about the stee
Industry and the posslbllity of the re
? : .- ti.,;i .,; t!,. urlff on :ren a:. I ste':
No replv had been recelved from Mi
C-.trn.-Kie ' liv the committee when I
took a recess at 11 o'clock to-nlght un
tli to-morrow, but as th? telegram o
invltation was not aent until late, n
reply Is expected untll to-morrow.
At the afternoon sesslon of the tarll
hearlng, wniiam Burgess. of Trentoi
N. J.. representing the Manufacturln
Potters' Association of the Unlte
States. and XX'. E. Wells. of Newell, XX
Va.. favored an Increase ln the dut
OU Imported chlna. They favored th
proposltlon to assess the duty on crock
ery according to the American markc
prici ? . i of the foreign valuatioi
Undervaluation by importera was on
of tlie principal subjects dlscusaet
Crfamp Clark declared that thi- alleg'
undervaluation Is the onlv argument th
manufacturers present for an increas
in the tarlff.
"If thls undervaluation of lnvolcc
could be broken up." said Mr. Clarl
"the pottery men of the I'nited State
could stand for a reductlon in the tar
"No, they could not," declared th
"Why could not they. If they ar
being gouged By thls undervaluation*:
pursued Mr. Clark.
"Because they are not being gougo
by all of the Importera," was the repl;
Pederal Judge Ilpfer* to Ihe lle?*cii
llnppciiliiii* ln TctincuM'e.
MEMPHIS, TENN.; November 23.?I
charging a grand JUry ln the 1'nlte
Statea Court to-day Judge John t
McCull. nfter reoounting the kllling a
R.-.-l Foot Lake recently of Captai
Quentln Rankln by night rlders an
the shooting tu death of former Unlte
Statea Senator Edward XV. Carmack a
Naahyllle. 'charged the eitlzens of thi
State in general with what he terme
as the "alarming conditions which not
"I am incllned to think that w
find this state of affalrs exlstlng be
cauae our citlzenahip has taken so lit
tle Interest ln the enforcement of ou
national laws," be sald. "Who amon
us cari belleve that if the perpetrator
of elther >.f these offenaea had fel
wlth the grave responslbllity of ad
applied to the real facts In each cas
would surely be inflicted by the cour
upon them without delay elther crim
would have been commltted?
"Both of these offenses are wholl
without the jurls.liction of thls cour
J*et. as a cltlzen of Tennessee, charge
wlth the gra .e responslbllity of at]
mlnlatering the Inw ln one of th
courts of our dual government. I fei
tliat l may properly refer to thos
most recent and regretablo occurrence
ln order t.. im press upon you. gentle
men of the jury. the importance o
teaching the oltizenshlp of thls coun
try the belated lesson tlmt all c-rlmliif
statute*--. whether State or Federa
ahould be rigidly enforced.
Itlrhniontl Pcnrson llolxn-n Wntitu Flci
t.i stttv ln Paclflc.
AKRoN, ohio. November 23.?Coi
gressman Rlchmond P. Hobaon, wl
was here to-dav. s.-nt a letter to Pre:
l.lent Roosevelt demandlng that he n
aclnd his order .-eonillng the Unlte
Statea fleet from tho Paclflc. In h
lOttpr he 'scores 1'resi.ler.t Roosevelt f.
his Interference in tlie Japanese trot
blon in Callfornla.
"Our Fresideiits have Invarlably r.
f'.ise.i to ihterfer'e ln local matters. evc
wben foreign subje.-ts were being ai
passlnated, but ln thls case. Mr. Pres
de.it, you iil.l Interfere where foreig
subjects were not being harmed.
you were justilled then in calllng C
tlu* people of San -Crariciaco to surrei
der, you nre not justlfled now in wltl
drawlng the fleet and agaln plafilr
them and their nclghbors on the wlio
e.':is-t in preclsely the same defonaolei
Conditions that have no counterpn
iu Ihe Allantie. exist. llobson snvs. :U
it would ba a nntlonii! .nui internation
calamlty to wlthdraw the fleet.
( olonel nf lll*. Clvll W .ii* Itcgiiueitl 1)1
on ii 'I'nil'i,
HRAZ1L. IND., Novomber 2*1.?Co
ouel XV. H. /.Iiiimerimin, of this ott
died late yesterday on o Quoen ai
Ci'OBcent traln aa it waa onterlng Mi
tion, Qa. Colonel Xlnmiermuit went
Florlda several weeks ago on 0.00011.
pf hla health. hut became very lll
week ago and started for hiuue: I
was born in Ohlo sevcnly-two yea
He Was colonel of the regiment
whleh the late President McKinley el
llsted as a private. II was.CoIon
Zimmoriitaii who later issued a boll
mlssion of lleutenant to tho young pr
Colonel Zlmniormati was one of tl
pioneer operators of the hlock eo
llelris, und was at tlie time of IiIh doa
prealdent of the Block Coal Operatoi
Association. Ho leaves a wldow ui
thruH ulill'tran. .
Places Himself on Record
at a Banquet in
NOW FOLLOWS PARTY
As Member of thc Next House,
Will Give His Vote to _._
vise the Tariff, if There,
and Ile Expects
to Be if
CHICAGO, ILL, November 23.?
Joseph G. Cannon, .Speaker of
tlie House of Repreaentatlvcs.
who waa In Chicago Monday. en
route to Waahington, placed
himself on record ln favor of tlie re?
vision of the tarlff In accordanco with
the promlse of the Republlcan party
platform, and declared that ao far rxa
his vote was roncemed, he would see
to lt that the annotuiced policy of re?
vision would be wrltten lu the natlonal
laws as soon as posslble.
The worda of the Hpeaker came at th.*
conclnalon to-day ot a luncheon given
to six rcar-tidmlrals of the Unlted
?Statea navy by Alexander II. Rcval.'
of Chicago, In the Unlon League Club.
at whlch the need of more battleship**
and lncreased efflclency of the flght?
lng forces of the republic were th.
principal thetnes of discuselon.
Follotvril Itoonevrlt'n l.ead.
Speaker Cannon declared hlmself ln
favor of an efficient navy and army
for the good of the republic. "Any
change ln the revenue laws of the
country of necesslty is followed by; a
depresston of busineBs,'* sald Speaker
"Three years ago I followed the
lead of Theodore Itooeevelt, who de?
clared that there ahould be no re?
vision of the revenue lawa, whlch
meana the tarlff, until after the next
general electlon. Hla policy waa not
to change exlstlng conditions. The
Republlcan platform, on whlch the na?
tional contest haa been won, says:
?Revlse the revenue laws.* That re?
vision should be wlth due regard to
"[ protectlon and penalty against dis
j crlminatory natlons.
j Take QuHk Action.
i. "An a member of the noxt House
1 Of Ut prt-sentatlvBB, ajnd I wlll be there
ej lf I live, I am going, so far as my vote
ei ls concerned, to see to it that the policy
-! of the Republlcan party on this ques
. j tion is vritten ln the national laws as
s promptly as posslble. The laws should
. be wrltten promptly, t:o that bualnesa
I can adjust Itself to changed conditions,
e for the change wlll of necesslty bring
_\ Among thc guests at the luncheon
I over whlch Mr. Revall preslded, were
! II* ar-Admirals James H. Dayton, Al
bi rt Boss, Wlllard II. Brownson,
Francis J. Hlgginson, Franck E. Chad
wlck and Washington L. C'apps. Major
i General Frederlck D. Grant, ln com
| mand of the Department of the Lakes,
t j together wlth the slx admlrals, re
sponded to toasts.
Iteported That Cnnal Work Hns K_
celved a Serious Setbnck.
[Speclal to TheTlmea-Dispatch.]
PANAMA, November 1*3.?The Jour?
nal publislies a sensational story to
the effect that owlng to tlie recent raln*
a portion of the uncompleted Gatun
dam, which was being constructed
forty feet above the sea level, wa.s de
stro'ved last night, a portion of lt sixty -
' 1 flve "feet wlde, lifty feet deep and forty
" fe.-t hlgh sinking into the earth, untll
r ib.* top of the dam was level wlth the
* : surrounding surface.
' The Chagres Rlver is flowing over
1 i the site, and the railroad tracks, the
" pumping station and the sldes ol* the
J lock are under water. lt is alleged
t that tlie scene o'f the accldent la close
ft to the Himt where it ls alleged recent
borlngs showed there was a lack of
.* j proper natural foundatlon.
1 Xot Serious.
- i PANAMA, "(.'ovember 23.?S'ensational
9 [reports were'ln circulation here to-dny
I i to the effect that what Is known as
"* ] the south toe of the Gatun dam of the
8 : Panama Canal. had sunk, Some time
" ' ago rumor had it that an underground
1 i lake had been found there at a depth
" i of sixteen feet. Tlie dam at Gatun al
i ready has been built about forty feet
' I above sea level.
Lieutenant-Colonel Goethala, chlet
| onglnper of tho Panama Canal, telc
I phoned the Associated Press that a
islide had occurred at Gatun, but that
. I lt was of no great importance, being
I slmllar lo others that have taken place
t durlng the rainy season at several
1 polnts along- the canal.
For the past twenty days lt has been
. tralalng contlnuotisly throughout the
di republic. Tlie Chagres Rlver is flood
s!ed, and all the railroad tracks at (la
i*| lun are under water. The floor of thc
,-j pumping station is submcrged to a
| depth of more thau flvo feet, and thc
lock sitef, also aro flooded.
The pumping station -wns used tc
keep the lock sltes clear from water.
! Hnd Attempted to Assmill (lie Dnugli
tcr or itl.i lliuployer.
t'llARLFSTON, S. C, November 23.?
j.Mm Gllinore. a negro nbout twentv
: years old, was taken from tlm guanl'
limise ln Luray. a .small town ln Hamp*.
: ton county, this State. after mldnight
last niglit. und lynched by a party of
I onraged jcltlzens.
tiilmore luul, ll is alleged. attempted
| to crlininally asxauit one of the dllUgh
. tera of hls oniployer, Mr. ,\. (.;. l-'itts,
| u hlghly respectiibhi farmer, while the
>'gung lady aud her sister were agleep
Saturday night, Her screams uroused
the family, and Gllmore tled, bul wus
tiacked down, nnd confessed.
Kev. Uensley XX'lll Road I'aper on (hc
HiNtory or MetliodlNiu.
LAl'RI'NS. S. (.'., Novembor 2'.!.?Thc
annual i-onferenee of the Suuth Oaro
litia Methodi.'it Fpiscopal Church wll
convone here to-morrow. Bishop A. W
Wllson, of Raltlniore, presldlng, Th.
flrst axerclaea are to be Tuesday ove
ning, wlien tho llistorieal Society holch
its reguhir annual moetlng.
Rev. J, s. Baasley, of Batesburg, pre-,*
Ident of the society, wlll read u papei
nu "Tho History of Mothoclism ln This
State." Already a number 6f d,elega.tei
have urrivetl, antl hy to-morrow thon
?>ii| hn Bt luauL 4110 Ia -_ttei*Uaau:t_
HE GIIE5 UT
Rockefeller Swears Flagler
and Dodd Are Origina
tors of Standard Oil.
"AM NOT SO LEARNED
IN LEGAL MATTERS"
Money King Modestly Disclaim.
All Cr.dit and Affably Says
There Are More .mportant
Things in World?He
Belongs to Brother?
hood of Mat*.
NtlXV YORK, Novomber 2.1.?
Credlt for the creation from
the Standard Oll Trust, whlcli
counsel for the Federal gov
'-rnment clalm stiil exlsts as
tiie Standard Oil Company of New Jer?
aey, waa glven by John D. Rockefeller
as a witness to-day under cross-ex
amlnatlon In the Federal ault to dls
Bolve the Standard, to two men?
Henry M. 1 laglor and Samuel (_. Todd.
To these two master archltects of tho
oll combtne Mr. Rockefeller gave full
credlt, aaylng that he dld not possess
the ablllty for bo progresslvo a move.
iir. Rockefeller apent an arduotia
day on the stand under the inceasant
questioning of. Krank B. Kellogg, tho
government counsel, and when ad
journment was taken until to-morrow
he gave every evidence of dc-light that
the day waa done. Counsel hope to
conclude Mr. Rockefeller's cross-ex
j amlnation to-morrow, when it ls
! planned to place John D. Archbol.l,
! vlce-presldent of the Standard, on the
Seek* MIkMic Books.
Frank B. Kellogg, who, wlth other
5 government Investlgators, has been en
| deavorlng for over a year to obtain
I the mlsslng atock transfer books of
the Standard Oll trust, sought to-day
j through Mr. Rockefeller to flnd the
i mlsslng trall to these books, and' Mr.
j Rockefeller promiaed to do what he
j could to flnd them. Mr. Rockefeller's
examination to-day carried him
through the perlod of the Standard Oil
trust and the years of its subsequent
Uquldatlon, which laated from 1892 to
Mr. Rockefeller's memory at times
was not clear on the deflnlte details
of thla trust llo.utdatlon perlod, and
he told counsel that he could not re
call many of the lnctdents and develop
menta of that tlme. During the day
Mr. Kellogg developed from Mr. Rocke?
feller that earlv ln the Industrlal ex?
istence of the Standard the presidents
of two rallroad companies, together
with several rallroad director.'*. were
stockholders ln the oll combination.
Better ThlnRB Thnn Money.
After adjournment to-nlght, Mr.
Rockefeller told an Inqulring audience
of reporters that there were better
things ln the world than making
money. and since 1891 he had been
gradually retirlng from businesa. He
"Tliere ia more Important work tnan
making money, and there ls much for
mc to do. I belong to the brotherhood
At the opening of the hearlng Mr.
Rockefeller sald that he thought thero
was an increase In the stock of tho
Standard Oil Company of Ohlo from
1*2.500.000 to $3,500,000 in 1875.
"How many railroad men did you
j take Into the Standard after 1870?"
"I could not say."
?'Was W. H. Vanderbllt a atock-,
"I can't say dcflnitely. He mlght
I have been a atockholder for a trifling
"Dld you not slgn a paper on March
I 10, 1875, requirlng an Increase of capl
itial atock as follows: 'W. II. Vanderbllt
by J. D. Rockefeller, his attorney?* "
"That may be; the paper would be
the best evidence."
Mr. Kellogg Brought out the fact that
Amasa Stone, then presldent of thc
Lake Shore and Michigan Southern
Railway; Stlllman Witt, a director ot
the Lake Shore and Blg Four roads,
and J. P. Handy, also a director of the
Big Four, were taken Into the Standard
Oll Company in the early days.
Dlaclnlms tbe Credlt.
"Who got up thls Standard Oll
"I should say that S. M. Flagler and
S. C. T. Todd should havo tlie credlt.
I am sure lt was not I. I atn not so
learned In kgal matters as that. I do
not claim any credlt, for Mr. Flagler
and Mr. Dodd should have full credlt."
Mr. Rockefeller said that the varlbus
companies in the Standard Oil trusl
agreement which was made in 1882
were managed as separate and Inde?
Mr. Rockefeller said, that the total
vijiliie of the thlrty-nlno corporation:
inciuded in the trust was approxlmate
ly $70,000,000, and that each of thi
.stockhoudets named in tho trust agroo
ment recelved certlflcatea for thc
amount of stock of subsidiary com?
panies whlch he owned.
Obc-tctl Court'a Order.
Mr. Rockefeller sald tliat the Stand?
ard Oll trust was dlssolved iu 1892 ir
obedle'nce to an order of tho courts
A majority of tlie stocks lield by tht
trust was distributed to the Indlvldua
stockholders, but the trustees oontlnucc
to hold a lurge number ot shares, whicl
were not llqulduted al flrst, Mr
Rockefeller aud II. II. Rogers were
amonj*; those wlio surrendered theli
trust oertificates and obtained stocl.
iu tho origlnal company, he said. Prdu
1892 to 18911 tlie subsidiary companio;
wero conducted by llu Ir various olll
oers and bQftrds of directors elected h>
their own stockholders.
After the .llHsolution of tlio trusl
tho KtocUholders of the individual com
patlles, lie sald, inalntained the saiut
relatlons as beforo wlth those wlu
wero stlll in the truat. The .Stundarc
Oll Conipany of Ohlo, and tho Kolai
? i Re'Intng Company were among t|u
l| competltors of tlie trust after tlie dls
? j solutlon.
' I "Then each company* was indepond
II (Contlnued on Second l'age.)
THE GOVERNOR IO
Chief Executive in Happj
Vcin Before the New
LAW IS ABOLISHEE
Otherwise He Would Have I-nd
cd His Term by Being Ini
pcached?Compliments to thc
Tribute to thc
NJW YORK, Novembor 23,?Gov
emor Claude A. Swanson, o
Virginia. was the. prtnelpa
speaker to-nlght at tho annua
banquet of "The Virglnians,
members of whlcli are natlve Virgln
lans resldtng ln New Tork. Stiarinj
the honora of the evening with Gover
nor Swanson Were former Judge P
Cady Herrlek. Lewla Nlxon, Kvan Shel
by. of "The Kontuckliins'"; Thomas J
McGuire, presldent of the Oeorgla So
clety;,Presldent Bruce U. Rice, of th
Tennessee Society: Dr. John A. Wyctl
of the Southern Society; Major Kdwar
Owen. eommander of the C'onfederat
Veteran Camp; John J. Delaney, of th
South Carollnlans, and Prealdent Joh:
S. Crosby, of the Mlsaourl Society.
Dr. George Tucker Harrlson, gov
ernor of the society, acted aa toaat
master. After speaking of the glorle
of the Old Domlnlon, of which, he sak
all Virglnlana were reasonably proui
he Introduced Governor Swanson.
In opening his address, the Governo
declared that the acntiment, "Once
Roman, always a Roman." very ft tl;
applied to Virglnians. whose aona an
daughters had converted the sayin
into "Once a Virginlan, always a Vir
Our Chnrmlng Women,
The Governor pald hts respects t
the women of Virginia, whose charm
Were to-day as great and as potent. b
declared, as ln the days ofthe old Com
monwealth. lie waa glad, he sald, tha
the anclent punlshment of duekln
with whlch In the early daya of Vli
glnla the helnous offense of flirtln
was punishable. had been repealed bt
fore his election to the governorshl)
because if it had not, he feared ver
much he would have ended his ten
through lmpeachment brought agulni
him for failure to enforce the law
Long before hls electlon. however, tl
lawmakers of Virginia had come to
reallzation that flirting was lndigenot
to the soll of Virginia, and that tl
daughters of the State could no moi
be prcvented froin lndulglng in tl
praetice than they could be preventc
trom being beautlful and lovable.
"To have enforced the ducktng o:
dinance,'* said he, "would have depopi
lated the State."
Governor Swanson congratulated h
fellow-Vlrginians tn the splendid her
tage they posaessed from their cavalii
The splrlt of patriotiani and libert
the aenaa of chivalry that flowed i
tlio hlood of the Virglnians of to-da
had been infused, he sald, in tlie daj
of the settlement of Jamestown. Th:
date marked the beginning of a ne
The Governor found much protnis
ln the fact that the descendants <
the Old Domlnlon had lncreased froi
1.00,OUD to "i,000,000, dlstrlbuted all ove
the United States.
Tribute <o Coufedcrocj-.
"We of Virginia cheerlsh no grudge
but I would be untrue to Virginia lf
dld not declare that we love the Cor
federacy and its noble defenders wit
an unfadlng and everlastlng love.
"We glory in the history of Vlrglni
from Bethel to Appomattox. Memc
rlals may fade and monumenta decaj
but Pickett and the Virglnians wi
charge the heights of Gettysburg 1
valor and glory forever.
'?I am here to say that those wh
surrendered nt Appomattox with bank
rupt homes, destroyed farms and brok
en fortunes have built ln -Vlrginla
Commonwealth greater than it eve
was before. In the last flfteen year
we have lncreased 310 per cent. 1
wealth. In every llne of progress Vir
ginla is nstride of the tlmea. And
believe that the strength and sentl
ment tn tho Slate is destlned to mak
her agaln the leader in polltlca
thought and natlonal acliievement."
CAPTAIN HENRY DEAD
DeKCPiidiiMt of Revolutlonary Patrlt
Passes Away in Tennessee.
C__-KKSVII__J_, TKNN., November 2
?Captain Patrick Henry, who spei
much time in Waahington for twent
years aa the otlieial representatlve 1
"the levee board of tlie Mlsslssippl Rive
died at his home here early to-day. I
wus a collateral relative of Patrlc
Henry, of thi* Revolutlonary perio
was BlXty-two years old, aud wa.s
/graduate of thc Vlrginla Military Ii
stitute. Ile had a wlde acqutllntani
among public men ln all parts of tt
Guardcd l?.v Oflicers, Miuuli.ui nt I*ei
niicoIii, l.'lorlda, ls Relleved,
Pl_N_ACO-_A, I'*1,A., November .3.
Three hundred .strikn-breakers. I
work on the wharvo'a of the Loulavli:
[-'___ Nushvlllc Rallroad, arrlved here ti
i iluv mi apeclal trains from Kontuck
and Alabama, accompanled by tlfty d<
| teotlvea, and were sent to the thn
1 export wharvea to load and unlon
|ateamahipa whlch had beon idle f.
three days 011 account of the strlke. 1
The, atrlke-brealtors are guardad b
pollcemen und detectives,
BIG ACID SALE
1 Nouly liieorporateil t'ertllUer Cnuipai
I'lntei-M Into. 11 llig t initriul.
NKYV Vokk, November 23.?Tha _
I rectors of tho Tennessee Qoppei' Coi
pany auiK.iiiiee.l to-day that they lur
elosed 11. contract. wlth the n.iwly 1
corporatud independent Kertillzei- Cor
pany for tlu- b&le of the copper 001
pany's sulphurlc ai'hl. I'luler ihe tOI i
of thc contract, ln addltion- tn tl
prleo to he pald for llic. ueld, tho Ind
pondent fertill-Or Compapj Is lo pay
tho Tennesso... Copper Company the su
of Jfi,000,oun. A siibsiautiul payment
thls sum was mado by the indepauda
Fei ttllicer t'oiupauy miun tlm Slgnlng
tlie contract to-day.
lleiinrin nt Oreat LOM of Life an
Property .Are Ucretved.
LITTLE ROCK. ARK.. November 2
?According- to ftdVlcea recelved up t
mldnight, mengre becauae of the n
moteneaa of the refrioni aftaoted, moi
than a score of live.,'* were Iost an
many persons were lnjured ln a toi
nado whlch awept the northwpster
part. of Arkansas lato yesterday, part!
demolishlng several tovvns and rnzln
vast traota of tlmber. The regton n
ported -atorm-swept I.i removed froi
both telea-raph and rallroads, and di
talls and contlrmatlon nf many of tt
reporta are lacking.
The tornado. wlilch, having from tt
southwost crossed the Arkansas Rlvi
several mllea south of the scttlernei
of Plney, and proeoedtng In a nortl
eastorly directlon, swept through Ixu
don, Wallervllle. Jethro. I.odl. Lewii
ullle, Paterson and Berryvllle and ou
lylng portlons of Mulberry, elth.
wrecklng or laying waste the lnrg.
part. of theae places, nml dcstroylr
tlmber and cropa throughout thc li
At Plney, lt Is sald, twelve perao
were kllled and a number lnjured. A
most the entlro aettlement wns d
mollshed. At London, ten persons a
reported to have loat their llves, whi
conslderable damage to property occu
red. Wallervllle and Jethro are repot
ed destroyed, several fatalltles occu
ring ln each place.
Near Mulberry, thp death list
placed at flve. At Berryvllle, Mrs.
O. liosklns was serlously hurt and se
eral other persons austalned lesser I
-Jurlea. A path IOO yarda wide was c
through the town, six bulldlngs bet
wrecked and a number of others dai
aged, elther being tom from thi
fonndations or unroofed. Here t
property loss la estlmated at about $2
Frow nutlylng reglons r.onslrterat
damage to property la also reportt
but no loss of llfe.
At I.odl three bulldlngs were d
atroyed, und one person, a woman, w
aerlouily lnjured. ,
Advlces from Lewlsville, in the wci
ern portion of Lafayette county, r
port the deatruction of aeveral bull
At Patmos conslderable damnge
property, as well as Injury to a nui
? ber of persons. is reported.
Clnclnnntl Mnn Ge*a Xntnp Cbangr
One llelr I.Iven Here.
[Speclal to The Tlmes-Dlspatch.]
CINCINNATI, O., Novomber 23.
Joseph W. Pomfrey. through Coun
Judge Stephens, to-day had hln nai
changed to Joseph Spottawood Poi
fret, ln order that ho may clalm
Rrltish tltle and his share of an e
tate he says ls worth nearly $20,00i
Pomfret. he deolares, Is hls corre
name, but some of hls ancestors tur
ed lt into Pomfrey, and the changli
back of the adopted name Is one
the legal steps necessary before
can conie Into tho possossion of 1
Pomfret has just returned from Lo
don, and saya he has poslttve e\
dence that he and thirteen others
various parts of the Unlted States a
the rlghtfu! helrs to the property.
i! P. S. Pomfrey. who ls a driver f
t one of the Ice companles ln Rlchmoi
' is In posseaaion of all tho facts co
cerning thc- fortune except the dlff>
ence ln the name. With lils relativ.
who Uve ln New Kent county, he h
employed counsel to look after t
claims of thc Virginia branch of t
CLERK WON ~mL
Norfolk louth Hope* Fnthor Llkea
But Is Happy, Anyliow.
[Speolal to The Tlmea-Dlapatch.]
DFTROIT, MIOH.. November 23
Wllllam Barkley, twenty-two years 6
of Norfolk, Va.. arrlved here to-day a
marrled Rlanche Duncan, of the sa
cltv. wealthy, and whose father li
twice aplrtted her away from lilm 1
cauae he was only a poor post-off
A sister of Mlsa Duncan is respc
sible for Barklqy's good luck. Af
Blanche had been kept away a year a
then brought home, Barkley called
see hor and she was sent North to vl
a sister here. Her father told Barkl
she was in Canada. but Blanche's sisi
gave the wooer the rlght tip, and
started at once for Ann Arhor.
He appealed to brother post-off
clerks here for help. They knew
once where .Miss Duncan was visltli
and ono of thetii conducted Barkley
the residence. They were rehuffed
first, but flnally were admitted on oc
dltlon that Mr. Barkley would have
be searched for firearms.
Tliat over, tho lovers were allow
to see each other. Tho sister gave
reluctant "bless you," and at 6 o'clo
tho couple wero married. They left
once for tlie South.
"I hope there wlll be no trouble wi
ray father-ln-law," sald Barkley, "1
I am the happlest man on earth."
Newport Nev*** Mnu Get* Badly Won
ed ln iixtrU'lt. Denla.
[Speclal to The Times-Dlui.atch.]
NEW YORK, November 23.?Wllll*.
XV. Ford. who llves at the Hotel R
land, and who introduced raclng <:
trlches in thla country, was nrraign
ln tln- Centre Street Police Court t
day on a charge of grand larceny. T
complalnant was Charles Koch,
Newport News. Va., who claims th
Ford got money from him lllogully
an ostrich deal.
The police sav that l>'ord loam
frnm Frank Krelsler, a lloboktn ai
, mai dealer, that he could get slx trai
if ed blrds for $1,500. Through an t
vertisenient Ford secured Koch as
part ner, but represented to hlm th
the blrds would cost $3,200. and i
duced hlm to advance the whole su
Ford and Krelsler then pald for t
birds, and, according to the chan
dlvided the remainlng $1.70u betwe
Ford then dlsappeared;' Krelsler w
arrested In Hohoken. an.I is now awa
ing tho action of the grand jury.
New Vork I'lrciiicn Perform Act of 111
Ing nt Cblef's IVott.
NEW YORK. November 33.?Fc
men are belleved to have l08t th
llves in a flre whleh parlially destr.
ed a seven-story business building
* I Canal Street to-nlght.
'" ; The heart of the structure was
11 i aeethlng mass of flames, when at
'" i uod fri.ni Chlef Croker, Flremen l
'ward A. Roae and Frank Wlntr
.. sealed 0 tblrt, -five-fout ladder to i
' I flre escape On the thlrd tloor, ellml
i through flre and smoke co the root' ?
llhere. with Ihe llaines bursling out
around them, auueeeded ln resoulng fi
I UtlCOnsclOUS unii. carrying them do
! om. by one, back along tho perlfc
'>* route. in polnt of durlng, tho reaci
have s.-i.ioiii been Burpasaed in the i
l-jnala ot the Now Vmi; Flre Departint
1 Th.. four intaslng men were on i
l'iof tlu- upper tloora of the bulldlngwl
'-1 the-i'ii-t. was at iis worat, So rar at
'-1 known, they falled to make their
?**. The lo.-s la esttmuteil at $300,000,
Ci-c,, |n l.nuiled.
NEW YORK, N'ov .nil.er 3 | I
crew of the schooner '.lohn M. tiro'
Whlcli was loat al sea. were bl'Ottl
hero to-day on the stetuuer Caroll
The Brown waa i..*t whlle bound Cr
_iruiiswi._, Uu.. for St. Julm, N, U,
OLD STORY OF
Former Councilman, Under
Oath in Gilbert Trial, De*
scribes Rebate Scheme.
FLAYED BY CARTER,
Jury Secured and Some Testimon***
In When Court Adjourns Out
of Respect to Judge Leake.
Plea of Not
ABRUPTLY closlng in a dlsoua
alon aa to the admlssability of
evidence relatlng to a devlsed
ond prearranged scheme be?
tween Alexander P. Qllbort,
nasistiint general freight agent of the
Cheaapeake and Ohio Hallway, on trlal
for grantlng rebatea, and H. Ollte
Oatea, shipping clerk for W. R. John?
ston & Co., alleged beneftciarles undet
a fraudulent scheme of reconalgnlng
graln shipments, the flrat day'a hear?
lng of tho famous rebate cases ln the
Unlted Statea Dlatrlct Court yeater
day served to dlsclose the fact that
flagrant crlmes had been commltted
Complacently confesalng his gullt Ot
numerous forgerlea of expenae bllls,
Oatea, a former clty Coupnctlman, who
la regarded aa the star wltnesa for the
government, told of how he had de?
vlsed the plan. whlch would mean a
great aavlng to his employer. He
took the stand shortly after tho after?
noon sesslon opened, and for two hours
Ignored the gaze of many llsteners, and
recitod hls story.
Marble Anntatlng; l.e>. i*i.
Frequently interrupted by counsel
for tho defense, and now and then
prompted by his assoclate, J. H. Mar?
ble, attorney for tbe Interstate Com?
merce Commlsalon. by which the ln?
vestigation of local shipping waa con?
ducted. Judge 1_ h. Lewls, district at?
torney, propounded his questlons care
fully, little sparing the man who had
willlngly conaented to lay bare th?
detalla of the ao-callcd premedttated
Judge Lewis's opening speech waa a
denunciatlon of the Chesapeake and
Ohlo Railway Company and its offlcials,
who, ho stated, knew of the fraudi
being enacted by Oatea, and who, ln
his lnactivlty. waa but a party to them.
Mr. Hill Carter, for the defense. spared
no adjectives in hla statements rela
tive to the injuatice being done an
innocent man, whoht he clalmed had
been unwlttingly forced to bear tha
brunt of a prosecution.
As outlined, the charges agalnst Gil?
bert are nine counts for granting re?
bates, in that he ullowed Gates, as the
agent of W. R. Johnston & Company.
to reconslgn shlpments of grain froin
Western points, as if they had been
shipped from Vlrginla, Instead of re
bllllng them from Richmond, thereby
saving 3 cents on each 100 pounds to
his employer. The shipments wore ln
variably reconsigned to towns in North
t'rent Interest in Trlal.
Fubllc Interest in the p.-oceedings
was shown ln a great outpourlhg of
apectatora, who at both sessio;i3 crowd
ed the courtroom and halls. Numerous
wituesses, inciudlng shipping clerks ot
the Chesapeake and Ohio, the Seaboard
Air Line and tho Atlantlc Coast Line
Railwaya, and employes of the Inter
stale Commerce Commlsslon, remalned
during the day In Clerk Brady's prl?
Tliere were but thre<> witnessed
called, and other than the teatlmony
of Gates, nothing of a aetisatlonal
The day's proceedlngs wero conflned
to the task of securing of a jury, the
opening speeches and the taklng of
testlmony, whlch ended so abruptly In
the afternoon, when Judge Wnddill ad?
journed court until to-morrow, when
attorneys wlll argue as to whether or
not evidence ls to be taken as to tho
alleged scheme concocted between Gil?
bert aud Gates, ln 1900, to brlng about
the frauds which have resulted ln the
It la more than probable that the
hearlng will not proceed until Frlduy,
as Mr. Carter's law partner. Judge Wll?
llam Joslah Leake, dled yesterday af?
ternoon. Mr. Carter is the leading
eounsol for the defense. Judgo Waddili,
through courtesy ullowed a recess to
day, and ns several wltnesses havo been
allowed to go home. the bellef that tha
ourt wlll not bo ln regular sessior.
untll Frlday is general.
Immedlately beforo court opened
Judge L. L Lewls, United States Dis?
trict Attorney, moved the admlssion
to the bar of John lt- Marble, attorney
for the Interstate Commerce Commls
Blon, who wlll asslst him In the proso
cutlon of thu alleged rebaters.
lllll Carter, leadlng counsel for the
defense, entered a plea of hot guilty
I"!' Alexander p. Gilbert. the Chesa?
peake & Ohio Railway Co. and Warner
Moore & Co? and Mr. Charles V. Mere?
dlth, of counsel for XV. R, Johnston &
Company, also entered u plea of not
guilty, exolalnlng that the delayed ac?
tion had beon occasloned by the flltng
of a demurrer. whleh had hut recently
Mr. Carter stated, in reply to a ques?
tion frotn Jitdge Waddlll, that counsel
were ready for tlie trlal of Mr. Gil?
bert, wiiicb case, he oxplained, lt had
lly understood, would bo
oni They wi
l Mr. Ci
inded hy ClerJr,