Newspaper Page Text
Discharged by Judge When
Agreement Is Said to Be
C. JONES RIXEY A WITNESS
Former Banker's Memory Bad.
and He Appears Very
Special to The Times-Dispatch 1
Alexandria, Va . lanuary IS. ? Stand
in?; seven for acquittal and five for cori
viition in the ease of Lewis Ilooff.
former secretary and genera! manager
of the defunct Merchantile Railway
Building and Loan Association, indi. ted
for the t-mhezzleiiIHM of I"'"1 in i tn reu.
the property of the Virginia Safe De?
posit and Trust Corporation, the jury
was discharged at 9 isS o'clock to-tnght.
' h ied brown, loreman of the jury,
from Fredrrieksburg. said the jurors
felt they could never agree, even if they
stayed in the jury room u week. How?
ever, I bey were ir^nt Nack, and ten min
ut- - thcet-fcr weic discharged by
The * a sc went through rapidly this
aft'i noon. The defense did not place
any witnesses on the stand. The jury
deliberated ten hours and fifteen rum
After the jury was discharged Hooff
renewed his bond m the tjm of llO.ono.
and bis ca.-e was continued unttl the
April term of court.
This was the second trial of Hooff.
There U'e nine indictments pending
against him in connection with the
failure of the institution of which he
managed. A jury from Lynchburg, |
February C6. last returned a verdict of
not guilty to an indictment charging
him with the embezzlement of $1.150.
The institution of which he was,
manager failed January t% 1911 and I
September 13. 1911, a grand jury re- '
turned nine indictments against him in
cenne< tion with its failure.
C. -Jones Rixey, who is accused of
having wrecked the Virginia Safe
Deposit and Trust Corporation, and ?
who escaped trial by being declared :
ln*ane. now a patient at the Western i
State hospital, of Staunton, appeared [
in the corporation court here this morn
ing to testify for the State in the case
Rixey had a had memory and ap
nestled entirely oblivious to bis sur- :
rour.d.ng" After considerable diffl- i
culty he said t hat t he nat lire of an oat h i
was tci.iug the truth Ho appeared
evty feeble. His testimony, after a I
few questions, was thrown out and j
Rixey was excused and later returned
to the asylum A large crowd as-1
eembied to get a look at the former,
Loslind? Are Flooded.
Cairo. DL, January 15.? Fear of flood
damage has decreased here. Farms
in the lowlands are flooded.but the resi?
dents have moved to higher ground.
Fl BE FOOD BABY TO PaEADE.
It Beiaags B*. ?ilrj tri Will Bt i *rn?d
is Arn* mt ScfYragj*-.?.
W si hing los. Jk*Bar> ? ?Atacnia.tirit
awe made front tee local vanu ? suffrage
aeadsuarten ibis If the weateer permitied
?a? porr food baby af Dr. and Mrs. Harrer
W Wiiey ?oi,d be - ? ej :h? parade of
the M.t?r**-.?--. la Wk--.ogtoa on March 3
Tbc t'Sby is six month* old
'Special to The Ttrr.es-Dispat . h 1
KeeVthsville, Va . January IS-1. W.
Hughes, an old and widely- known c iti
een of this county, died at his home,
near Nokomiss. this morning, aged
about sixty years He i* survived by
bis wife and several children. Inter?
ment will be in Conn Baptist Church
Cemetery, with funeral services con?
ducted by Rev a Reansy.
Mr-. Iladdanalt 1 . Herren.
(Special to The Times-Dispatch.)
Winchester, Va., January Is.?Mrs
Haddanah F. Heiron. member of an
old family iiic(i at the home of her
brother, Robert B. Finney, near Win?
chester, in her seventy-sixth year. Her
remains were tal;en this morning to
Milton, Pa., for burial.
'Special to The Times Dispatch.) i
Manaasas, Va.. laauary It.?John
Clams, seventy-five years old. a member
of Company A . Fourth Virginia Cav?
alry la : t.e C?ril War. and one of the:
beet known nihn m.this county died:
in his eotnjKnear*Hickory drove this
morning. Th- funeral will be weld j,,. ;
morrow afternoon with interment in
the family burail ground at Hickory '
Blgatl P. Jones.
fSr-e. lei to i he Tlaiss Psssjstteb.)
Lyte hburg Yd . Januar.- II Regele
F Jone, a son .,f th? late James Jones
of tbi- . ity. died Tuesday aftemooa ei
San Fran see I al . following an ill
nessnr.ee utst iur,.-. duriaa which time
he underwent five surgi, al operations
Mr Jot *a- : ntv-four years at
age. ai 1 hi had.gaged for two
years in the automobile business on
the , ,.,?t. He has surviving a -i-t?r
Mrs. Edna Jone? !^?ftm. of Lynchbtirg :
and a brother. Iullard lonee, Colum?
bus o He sras , nei hew of Mtss
Orina Poindexi'-r. ol I hi? city
r-':.*.>'- s nephew, wue
With Mr Jones at the time <?f his death '
and be is returning tun e with 'he body
expecting to arr;\- in Lynch burg next
Mi?s ( arolire BJ tUon.
'Special to The Times Dispatch i
Lynch burg Va . January II Word
has beer. r? ' ? ' ben ??: the deatl
af Mrs Caroline Wilson at Bia' ksbu g
which c?m< Tueeda) ? ght after a
illnewe Mrs. Wi:-on
years of age. at.d she \4-s the widow
of Johti Wilson, a Confederate a
dler. who Shed ..: lor: Ok 'aware while
a prisoner of ?-ar
H. Dudley and M-> Itebe/. 2 A Cea^I"
three chiidrer ? Mrs Correll,
Mrs i'ariK Snai-p am: <?
af Ma i.-b
>lr-. M. B. Ja nie?.
(Special to The Tta eg I >i
Salisbu-y. S < . January
M t ?aIT, r ?
ALLEN - IN UJ\ i ? IORY
Of my be|..v?d ; ?v I p
sVIOHTFOO' ALLES, al , died
Jsnaur. r "
if OPS?Departed IhM lift
r>: i S ?Died eudderjy
January 1* i?u 7 P M
dene, of his aunt Mi
Pur Bps, gas Mosby Btrat i
?ON 1 ?. n the right**
i ir cal m ice late
BOTTOMS?KBhsd at re,
? ?i.'-ra 4 " lr, r
JOHN R. AoTTOjMs?. e
b 'eei. He leaver a w
President-Elect Wants to Find
Out All About Panama
! Trenton. X. J . January 18.?Presi
(icn' ti'i-i Woodrow Wilson announced
j to-night that ha had invited Colonel
' cieorge W. Uoethala. chief engineer of
I the Panama Canal, to confer with him
' here Friday. The Governor declared
, he w<nijtl try to obtain as much nifor
1 mat ion as possible about the canal
q ue-1 ion from Mr Ooethals. and looked
1 forward to the visit with much interest
The Oovernor also said he was ar?
ranging a conference with former
lOorernor Marshall, the Vice-President
"I want to get in touch with Oovernor
Marshall as noon as possible and get
; his views on men and politics." said
Mr. Wilson. 1 have delayed only to
(get a date convenient to him."
The day was one of many conferences.
Senator-elect Ollie James, of Kentucky.
? onnse to on press his views on what
legislation the extio session should take
up und what I,? thought of certain
Cabinet suggestions in Mr. Wilson's
Senator CJore, of Oklahoma, lunched
with the Oovernor and brought him the
latest information from the various
states in which Senatorial contests are
beinn waged. The Senator said the
bill he had introduced yesterday to
increase the membership of the I'nited
Slates Supreme Court hud been pro?
posed of his own initiative and that
lie hud purposely avoided discussing
; it with the President-elect.
The Oovernor said at the conclusion
! of the day's conferences that he had
every assurance thai there would be
harmony among the Democrats In the
' (Continued from First Page.) 1
and was completed on May 17. 1912. j
resulting in a verdict of guilty of mur
der in the first degree. Claude S. Allen
was subsequently put upon trial with
a like result. Judgments were not en- .
tered upon tho verdicts until September I
10.1312, in order that Floyd Allen and !
Claude Allen might be witnesses in be- '
half of the defence in the nfoeoeutlons ,
still pending growing out. of the same :
This rehearsal of history is taken to
indicate that plenty of time was had
for the production ol all evidence ob?
tainable in the case.
Testimony Was Conclusive.
Continuing, the court says: "The
homicides took place in the courtroom.
La the light of day and in the presem-e
af a large number of witne-ses. In the
M'icssive trials that took place these
arttajaaaai were subjected to examina?
tion, cross-examination and re-cross- .
examination. Their knowledge of the
facts was probed in every conceivable 1
way. There wo.s every opportunity
that can exist m any case for a trial,
complete and exhaustive presentation
af ".he tj. ts bearing upon the issues,
and no <^ne can read the record of the
BOnrt below and the original petitions
upon which this court acted, at the Xo
sain bar tern: without being satisfied
that the prisoners were defended by ;
capable, faithful, earnest and encr- ;
getic counsel, who left no stone un
tamed to present the cause of their
Iiier.ts to the best advantage. Every
? ? knt known t-i the law was resorted
to break down and -repair the credibil?
ity and force of the witnesses who iesti
had tot the proseeu'ion; but notwith?
standing every effort on the part of the
daft r,se. so conclusive was the testi- !
? for the prosecution that the]
)mitea in the cases of Floyd Allen and mi
Claude found verdicts of murder in !
the trat degree.
Would Not Effert Result.
"I'pon a consideration of the evi?
dence presented upon this motion It
plainly appears that in some instance
H was discovered before the judgment i
was rendered: in other?, that the tend?
ency is to impeach the credibility .,f
witness's and is addressed to aaaajtkMag
which were th< SObJSOtS of investigation
at the trial, upon which testimony of
witnesses was adduced of a character
identical with that now brought for?
ward upon this motion, and Beaaoe,
the* of ore, strictly within the rule as j
la cumulative evidence, arid in sag I
instance bears upon facts wholly col?
lateral to the is.--ue under investiga
tion: and taken as a whole the new]
evidence presented is not. in our judg?
ment, such as ought to produce a dif
tr:. nl result if a new trial w. re awarded.
' The subject of granting new trials
on the grounds of after-discovered
evidence has been discussed Hi numer?
ous case.- de, ided by this court.
"In St Johns Executors vs. Ander-;
?a* B Oratt. (TS Va i. Jude Christian!
.!? .veripg the unatnmous opinion of the
? oiirt. it was held, that the testimony
naaat j.i*ve heaa onsawvnvesl since the
former trial, that it must appear that
the new testimony could not have been
obtained with reasonable diligence on '
the former trial, that it i? material to
the issue: that it must go to the merits,
of the case, and not to impeach the
ehetnetar of a former witness and!
thai il must not be merely < umulative. j
In the < ity of Norfolk vs. Johnakin.
N, Va 2si. it was h< Id that a motion for
new trial on the ground of after-die- ?
"'Vr"l evidence should not be grant-,
ed. enleee M apiwars that the evidence j
as discoverer! after the trial: that it ?
SSnM not. by the exercise of rrason
Uttgenee, have been discovered be.
fore the trial that it was material, and j
su<-b as ought on another trial to pro
,n opposite result on the merits:'
?tt.il tha' It - t r,| n . rely cumulative. '
corroborative or collateral."
rhO em I . - were held to apply in
criminal eases See Jones vs. Mar*ins
Quest Ion for Trial Jurj.
? ?? ?ed ipon us that evee
I'd den ..ods that ?
e? not ?.
la* e*:r.? s'ela of facts hu
jsjuest ve. commonwealth.
[ 2 Virginia App. 407.
Supported by Evidence.
"It la said tbat unless some such
power as is here sought to be exorcised
exists injustice may be done, and inno?
cent men may suffer punishment. All
human tribunals are liablo to err. and
If laws were not enforced until all pos?
sibility of error whs excluded, govern
' ment would come to a standstill. All
I that tho courts can do is to enforce the
, law as it exists, and to give to all who
come within the range of their juris
I diction the full and equal beneflts of
.alt the safeguards that have been es
I tablished for the protection of those
I accused of crime
"The circumstances attending the
, cases before us are such as to leave
no doubt upon our minds that the
I accused have had a fair trial, with
.every possible opportunity fully to
! present their case before an impartial
?jury, and that the judgments ren
| dered against them are supported by
the evidence, and are in accordance
with the law of the land.
"We are. therefore, of opinion that
the prayer of the petitions should be
Apparently Not Notified.
As far as could be learned last night,
the condemned Aliens hail not been
notified of the decision of the Supreme
Court not to interfere in their case.
Major .lames B. Wood, superintendent
oi the stute Penitentiary said he did
not like to perform this ofTice. and took
it. for granted the spiritual advisers'
would attend to it Rev. J. .J. Scherer. '
Jr . said last night that he was with the
Aliens yesterday morning, and on leav-I
lug the prison he waa informed by j
guards at the offcie that the petition,
had been refused. He did not return
to the death cell, nor go back to the |
penitentiary during the day. Rev.
Oeroge W. M. Danie], D. D . did not
hear the court's action until late in the J
afternoon, and did not communicate I
it to the prisoners.
Major Wood will proceed this morn-|
ing to ill Benenn whut is in law called the
jury?the body required to be present
at the execution of men condemned to
die in the electric chair. Me cannot
longer delay in the execution of this
A citizen who has been very active
in behalf of the Aliens aaid last night
thai If a commutation is Impossible, a
respite will hardly be asked for. and
that if the Governor has made up his i
mind, the Aliens had best be electro- J
cuted to-morrow, since delay is a bur?
den to them and to everybody con?
nected with the case.
Investigation of Alleged Tax
Dodging Continues to Be
Pressed by Court.
The grand jury of the Hustings.1
Court continued yesterday its task of '
calling alleged tax-dodgers to scratch.
Of the thirteen firms and individuals
summoned to submit to personal in?
terrogation from the investigators yes?
terday, eleven appeared and were ex?
amined, while the other two presented
acceptable grounds for absence.
The witnesses summoned were: R.
Fram ions. John C. Freeman. David
Marks. Alexander Bear. Eisner Bros..
Craft Piano Company. North State
Liquor Co., W. B Pi^zini * ?'ompanv.
EeRoy Brown. A J. Chewning. T. W.
r?abney and the Hanover Shoe Co. All
tes'.aed except R. Franoione and I.e.:
Roy Brown who failed to present them- :
selves They have both accepted ser?
vice of the summons and must testify 1
within a few days
While 'oreman Charley F. Taylor's
tax investigation jury has been ac?
complishing a vast amount of work in
matter of rectifying tax returns.'
but little of the details have been given
If. following a personal exami?
nation by the grand jury, tho returne r
of the witnesses continue to be un?
satisfactory to the investigators, the
matter will then be reported to the
Comm^nwealth'a Attorney for action.
This course is outlined by law for
the indict ment of tax dodgers. Many
of the witnesses examined in the last
two days have seen great light and
have hastened to the Commissioner
uf Revenue with revised returns
The witnesses summoned are being :
examined, under oath, in regard to the
returns made by them of personal and
-r ii ; roperty. as well as income and
business operations. Numerous firms
have come under the suspicion of the
investigation i omrnittee on account
of the statement of business rendered
by them to the Commissioner of
As indicated in the December re?
port of this grand 'ury, there are more
than EM firms and individuals yet ]
suspected of undervaluation of proper?
ty and im omen by 'he investigators,
and unless these immediately make a
,:.-:!?si-o--.- voluntary revision fori
the Commissioner of Revenue, they;,
will be summoned to testify under ,
Petition In Bankruptcy.
Bristol Va . January *?The wil-j
kinson-Mathews Lumber Company, of
Damascus, successor to the Damascus I
I whlir Company, has filed a volun
?arv petition in bankruptcy, in the
Federal Court at Abingdon The
company s plant and other holdings. '
estimated to be worth fio? 000. had
already been advertised for sale ?artier
a deed of trust The Wilkinson-Math
ews Companv was organized only
a few months ago to tak?- over the;
property following the failure of the
Damascus Compativ The case will ,
hoi referred to Kefcree S V Fulkcrson.
.:>??> will hear proof as to the assets.
Forecast: Virginia? Rain Thursday
In ?est and Thursday or Thursdav
night In east portion; warmer: Fri?
North Carolina Fair: warmer Thurs?
day : Irlda). loral rains.
~prri.il Eoral Data for Testerday.
12 noon temperature. 4*
.": P. M temperature. M
'.Ui.mim temperature up to *
p M. as
Minimum temperature up to 8
P M. ?
Mean temperature. SO
Excess in tempera*ure to-day ...
Excess in tempera: ire since March
I . ?
Ai'uit ejeesa in tempera'uro since
January I.?. . .. 13
DefeCfsrncy in rainfall since January
I. S KS
Accum deficiency m rainfall since
Lewes Observation * p. >f. Testerdav.
Wind dire tW, . S
Wind - direction. 8.
Wind velocity .P cloudy
U ind veio? ity . t
\v eat her.P. cloudy
? ondltlons la Important t itles.
i . e Ther H T I, T. Weather,
i < rifle ... .at m ? clear
. . . ss m *4 Clear
City... ? ** * P Cloudy
. 42 44 34 Cloudy
.42 M "si Cloudy
.-taj -a -M P ?loudy
.. -ics! on.is OS a Cloudy
sen . 17 4? M cioudy
? - .e? at on Clear
luth.jo 74 I? ? (ear
?toe ._ m ? M Clear
tteras .... x as *? Cloudy
vre S <4 Cloudy
heonvill' . . fts ** M Clear
... M m 44 Cloudy
iilfrvllle ... as IS 01 Rain
.ntsjomery . ft* ?: 4c < , h
n Oiliaaa... Kan cie?
w York.as ? a> clear
rfotk . vi fts ? Cloudy
lahotaa. fts 40 40 r toudy
?eh .-sh.e> at JU Rain
? ii ? ( loudr
- 74 ' , ,,. ,d,
44 St 4? P C rOWdy
*? at 4? Cfowdy
*' 40 7* t loody
0* 70 as Clear
s? as ja Clear
* as a case*
Education Body Determines on
Meetings at Set Times
OFFICIALS ARE CRITICIZED
Actions in L?nen! rg Disap?
proved?Dates for Teachers,
Hereafter the State Board of Kduca
tion will meet on the fifteenth day of
every alternate month, beginning with
February. The bourd adopted this plan
yesterday. Meetings huvc been held at
uregulur intervals, not avciugmg so
many as under the new arrangement
It is felt that more frequent meetings
will prevent the congestion of business
such as was experienced Tuesday and
yesterday, and the idea of a definite
date will put everybody on notice of
the meeting times. When the fifteenth
falls on Sunday, the meetings will be
the following day.
The board adjourned at 7:30 o'clock
The decision in the I.unenburg
County case was u sort of compromise.
Dr. Kdwin M. Mann, who brought the
charges, is commended for tiist activity,
and the Brown s Store District School
Board is found to have done its duty in
some respects. However, it is censure in
that it was improper for olio of its
members to have been employed m
any capacity in school work.
Superintendent lsbum O. Wilkinson
is found to have erred in permitting
the transfer of State school funds from
one district to another, in order, as be
thought, to prevent its going back to
the general treasury. He is excused be?
cause he was then new to the work.
The board adopted sundry resolu?
tions on this matter. First, it said that
Dr. Mann was to be commended for
his efforts, togethor with health officers,
in calling attention to the former failufe
to provide sanitury facilities for the
public schools. It also commended the
board for having supplied these houses
as promptly as possible. Inasmuch as
all are now supplied, further action in
this respect was deemed unnecessary.
The board found that, while the let?
ter of the law had not been violated
when a school trustee was employed
by the contractor as a carpenter on the
construction of the Kenbndge. High
School, the body could not give its ap?
proval to any instance in which a
trustee docs work for pay as a carpen?
ter or as other employe on a school
building in his district, under any cir?
Was Grave Mistake.
The other point remaining was the
transfer of funds. A resolution adopted
says that the board cannot approve
this action. N*o money was lost,
to the schools by the device employed,
but it had the effect of transferring the .
State school money to the district '
funds, and was otherwise irregular. It
was the act of a superintendent new ,
to the work, and the board is pleased,
it says, to know that he now recog- i
nizes the gravity of the mistake he
made. Inasmuch as in his reply tho
superintendent did not admit a mis-1
take, it is supposed he heard from the
As to the attorney for the Common-1
wealth. NT. S. Turnbull. Jr., the boardj
found that he had fully discharged his
duty in the matters referred to by Dr. ?
Date for Examinations.
It was determined that the spring
examinations of teachers in Virginia
this year shall be held on April 2i, tk and
Mi and the summer examinations on
July -3. 24 and -V
The resignation of Thomas S. Settle
as supervisor of rural elementary
schools was accepted. Superintendent .
Stearnes said he was not yet, ready to
nominate a successor
At the request of Superintendent J. |
A. C. Chandler, of the Richmond:
s< hools. the text-books of which he is
the author wr re accepted, as allowed
by law, from the rule that no school '
official may be interested in supplying;
books. The board had previously j
adopted his books. It is allowed to ??
make exceptions for authors
215 E. Broad St.
NOW IS VOI R
Rufts, <M_> it
Woo! Snitrn.i ?1 AQ
Rufts, NMI ig ?9l*40
GIRL TELLS STORY
OF HER ABDUCTION
At Point of Revolver She Is
Taken by Captors to
MAKES HER ESCAPE
She Is Seized in Broad Day?
light on Street in
N'tw York. January 15.?Eleanor
Oxley. the fiftoen-yeur-old girl who was
kidnapped by two men in broad day
i light n the streets of a Philadelphia
: suburb, Monday iiorning. and brought
to this city, was found at the home of
her uncle. No. ?10 Hixth Avenue,
Brooklyn, wither she maae her way, fol?
lowing her escape from her abductors at
; -Jersey City. She was still in a half
hysterical conditon last night when,
ucconipamied hy her father. Hiram Ox
ley, who arrived yesterday noon, she
i took the train for home.
The police, who went to work upon the
case following the receipt of word from
' the Philadelphia authorities, did little
? yesterday toward uncovering the ident?
ity of the girl s captors. It is believed
that they did not cometo New York, but
: but became frightened at Jersey City
and returned to Philadelphia.
I The girl told a circumstantial story
I of her experience at her uncle's home
last night before she started for Phil
"Monday morning I left my home in
: Taeony. a suburb of Philadelphia." she
said, "to seek a placo as stenographer
and typewriter la an office in Walnut
Street, between Twelfth and Thirteenth
: Streets, m answer to an advertisement
. When a few blocks from my home I was
j approached by two men. who told me
. to go with them. I at first refused, but,
when they grabbed hold of me and put
a handkerchief over my face. I be
: came frightened and dazed and could
I not cry out.
Threatened Ith Revolvers.
"I was led into a lot and told to sit
down. The men then showod me the
revolvers they carried and told me if I
dared to scream or refused to do as they
' told me they would break my head or
'. else shoot me." Wo then took a street
. car of the State Road Line and got off at
?he Pennsylvania Railroad station at
1 Frankfort Street.
While on the car the men stood on
the platform and I was told to sit near
! the door. There were very few pas?
sengers on the car. When I got off
. one of the men gave me Si OS and told
; me to buy one ticket for New York.
I purchased the ticket and boarded a
train for this city. At Trenton wo
"On the ride from Philadelphia to
Trenton ono of the men occupied the
front seat, while the other rode in the
seat behind me. From Trenton to
Jersey City the two men guarded me
from tho rear seat, the front one being
occupied. At the slightest move the
men warned me of my fate if I let
out an outcry.
"At Jersey City the men told me to
sit down and wait for them to return
One went away, while the other walked
up and down near where I was sitting
After a tune he went away, and 1 got
up and went to one of the railroad
Ition guards und asked my way to j
U ':? h tho spare change I had, i]
camo to tho home of my aunt."
Ac ording to the aunt, the young'
girl cams to her home about 3 tS o'clock
Monday afternoon, crying. It aas
fully an hour before she could control
herself to tell a coherent story of what
had happened .
The girl .-aid there was no namemen
Moned in the advertisement, and that
she had Itrsi tried to secure i he position
taSl !? nday. It was only after she had
gone into two buildings on the block |
designated in the advertisement that i
she learned from the boy in the ball
when; the place was
she described the office as small,
with a desk, a typewriter table and
three . hairs. On her first visit a roan [
tried bar a* dictation and typewriting.,
arid, seeming well satisfied, told her
to come ba< k Mondav morning. Noth- 1
ing. the gnl said, was mentioned as to
salary or as to what experience she bad
had in that line of work
According to the father, the girl, who
is a blonde, with wavy hair hanging '
down her back to the waist line and I
with large blue eyes and a rosy com- j
plexion, is quiet and of domestic in- ;
-tiners She is musically inclined, and
was wont to pass her evenings at homo
with her three brothers
Her abductors she described as of
dark complexion. One had a small
black mustache, was about thirty or;
fort y years old and was rather untidy in
appcaram e. According to the girl, they
looked like Italians.
The father recently served on a jury
in the Catted States District Court,
who h investigated white slavery. Noth?
ing he said, occurred at the time which |
could lead any one to abduct the cblld.
He showed the strain he has gone
through stage his daughter did not re?
turn to her home Monday night. He
told of how the entire family assisted ?
by the neighbors, thoroughly canvassed ?
the Philadelphia hospitals, and finally I
resorted to the polico of that city in a '
hope of finding her.
Witness Explains How Com?
bination of Interests Was
New York. Jsnnsry IS.?Tsking of testi
eion; in the ?o\emmest'? suit against the
mm in? picture trust for ?Jlcged riolstloo
of the Mberman law ass begun here to-day.
llenrv .V Marvin, vice-president of the
Biograph < ompany. one of the defendant
concerns which are alleged to hare formed a
cam hi nation to control the motion picture .
lad an try. testified that ia ISM tar several
factions nf the industry were at war with each
t.the? Thi. ??> ill' ,,r??n./aMon of th
Mollon Picture Patent? Company after a
series of Conference?.
The purpoae of organizing, he said, was not
to stop competition, but to harmonize legal
trouble* that areas over patent dlspotes.
Tw.. agreement' were entered between (he
patent* company and its constituent concerns,
be ?ald. on. whereby each company assigned
Its patent? to ihr pstcnt. company the other
by which the patents company licensed to the
"is patents which It con
Marvin admitted that the Motion PI
lore* Patent* < oropaar. of watch be is presl
' tactwt a fl-a-week license fee from all
. i hi hi i ?Ii , 11.? 'I film. m?dr hy snjr of the
companies In the com hi nation This fee.
be etplametl served as a royalty on machines
on which patents were heid by Iks patents
company I nder crnss-eiatnlnsMon
tht? fee was tested
did ant awe machine, contrasted by the pet
More than half of * mm exhibitor. ia this
country Hi raw the wttnew. tot'Sed paid the
fee *nd is rrtnrn the patents re nnsav agreed
to limit the fllra ?er? lee In each ctt) so that
laar? weald he eo overcrowding of taw ssorlag
rtfOrTOLRspH roa thaw.
Metse. Sr.a. |, Hiss With Owe Has
Fl.hh'll landing. V Y. Jssesry aV?
Harr j K Thaw baa race! red s saasxeaeas
pnnaogrepa as tea Metsee was Sasse
pits' with MS records Taw IssSsa
FIGHT IN BEHALF OF
CHILDREN WHO WORK
DID ALL POSSIB
IN RESCUE W
Captain of British Steamer
Makes Statement About
Sinking of Luckenbach.
Newport New?, Va., January 15 ?
Captain Smith, master of the british
steamer indrakuala, when questioned
to-day regarding the statement that the
Irdrakuata backed off immediately
from the sinking Julia Luckenbach af?
ter the collision, going into shallow
water and leaving the struggling sea?
men to their fate, said
As soon as the collision occurred, the
Indrakuala* engine* were stopped. All
lifehoats were ordered lowered and
every eflort was made to save as many
lives as possible.
"We picked up six of the Loken?
bach's crew, including chief Engineer
Knudsen. Some of the men were taken
from the floating wreckage and others
were savod by the use of life buoys
"Our ship was sinking by the head,
but our one thought and purpose was
to save as many lives as possible. The
> Indrakuala stood by the scene of tlM
' wreck for an hour and a half, or until
j we got into communication with the
! Danish steamer Pennsylvania, coming
from Baltimore The wind arid waves
caused us to drift and at times carried
j us away from the wreck, the steamer
being unmanagable. We could not posi?
tively tell whether there was any men
; left in the rigging, but requested the
! Pennsylvania to investigate, it was after
i the Pennsylvania was signalled that
the Indrakuala proceeded to shallow
DEMAND FOB KISSES
TOO HEAVY rOR TAKT
Washington January H.?If President
T?P were to comply with all the requests
for kisses made by doting parents who wish
their children to receive such a presidential
salute he wuuld have little time for public
Since the publication of the story of bow
Mr. Taft kUmed Phyllis Wlstrand. a little
I.aramir. Wyo.. girl, there have hern twen'y
twu fathers, mother-, grandmother*, aunt*,
and uneles who have brought expectant boys
and girts to the White House for a similar e:
rand and Pal MeKanoa. who guard athe por?
tals to the President's office, bat been a busy
The President has not had lima to kiss
any more children, and Pat ha* had to turn
?way many disappointed relatives
Mill Men Are Warned That
Child Labor Must Be
Opposition of Employers Brings
Statement From Com?
(Special to The Times-Dispatch '
Raleigh. N. ?', January It.? After a
lengthy conference, the North Carolina Child
Labor Committee Issued a statement to the
people relative to the contest that has arisen
between the committee and certain mill men
involving ihe propo*?*! compromise In child
labor legislation, reached by the committee
and the mill men months ago. to stand for
SbaMUea of night work for children uader sti
tren and women and for factory lnapecttoa.
The committee declares that the compromise
was agnssj to In the hop* that It would make
fha peace and harmony, although it did not
go as far as It felt advanced legislation should
go. And now. It la with genuine disappoint?
ment that the committee learns that the North
Carolina Cotton Manufacturers' Association
baa refused to Join In 'this reasonable compro?
mise We rraret. too.** the statement say*,
"that advocates of such legislation have been
described as 'agitators' and meddlers' and
even as slanderers of worthy men engaged In
manufacturing In Ihe State.''
Then the statement proceeds to declare the
child labor committee In sympathy with the
n:anufacturlng Interests and In ao vicious
sense agitators.' Insisting that all menufac
paesrs who have met ?Ith It have been con?
vinced of Its fntndllness. Insistence is made
that the farmers, the teachers, tbe mothers,
bave made the sentiment that Is forcing child
!?!>? t legislation advocated by tbe committee.
Tbe committee declares that It has the sltus
ilouio this State in its exclusive control and
ha* sought from the beginning to labor la a
spirit of co-operation with tbe manufacturers.
It ???. both tbe children and the law-observ
ing mills protected, the committee Insists.
In closing the appoat to the people, the
stau ment declares lhat "If a large proportion
of manufacturers neglect and spurn the rea
-onabl? and moderate proposals tendered In a
spirit of friendliness and co-operation and
insist on bringing tbe power of their great
? i alth and political Influence to check and de?
feat the efforts of tbe committee, we warn
them of tbe storm of national sentlmeat that
may break upon them too late.
"We are not agitators, not unfriendly, not
Immoderate, but the laws foe the protection
of child life, which all the rest of tbe civilized
world hav brought about out of considera?
tion for humanity and civilization and out of
r< gsrd for the human race ?these laws are
bound to come In North Carolina: and we
20 forth to urge them, heartened by the knowl?
edge that we speak for tbe organ!jed Chris?
tianity of the State, ror tbe edueatloual
forces of the State, tbe progressive citizenship
and the mothers of the Mate, and will have
the vupport and encouragement of scores of
rug-hearted manufacturers, who have taken
time to study conditions.
CASE AGAINST TOWN
Samuel Burton, Run Out of
Onancock. Wants $100,000
'Sp^ial to The Ttmes-Dispabh l
Norfolk. Va.. January 15? KnMrcly
without precedent in legal annals, it
18 raid, is the. rase of Samuel burton
against the town of Onancock. which
has been on trial in the I'nited States
District Court here for two days.
Burton is suing for f 100 WO damages
alleging that he was run out of the
town during a race riot several years
ago under threat of death if he ever
returned, and that there existed and
still exists a conspiracy to execute the
threat in ease he does go back
Burton, who now lives in Baltimore,
claims that at the time of the riot,
which n.Hitla companies from Norfolk
and Portsmouth were called out to
quell, his store was burned and a busi?
ness worth $10.000 destroyed.
Hearing testimony for the defense
occupied the attention of the court all
of to-day. It was nearly time for ad?
journment when the last witness con?
cluded. Judge Waddill then adjourned
the jury over till to-morrow, and heard
argument on a motion to direct that
a verdict for the defense be rendered.
This motion the court took under ad?
James E. Heath, of Norfolk, of coun?
sei for the defense, argued that the
statute of limitations applied m this
case, in that over a year had elapsed
between the time of the alleged of?
fenses and bringing the suit. He de?
nied that any evidenc e had shown t h.?'
defendants had made threats against
Burton or were responsible for them.
I. N. Eason. of Norfolk, disclaimed
that the statute of limitations applied
Burton, he said, is still a victim of a
conspiracy and liable to personal in
Jury if he returns Judge Waddill
remarked that Burton had shown good
sense in remaining away if such is the
WHALE SLEPT TOO WELL.
Ros'nn. January 15?The o*e-due .|?amer
' ambrian. which arrived yesterday from Eu?
rope, while howling alone at a fair clip last
Saturday on one of Ibe only i?o fair days of
the entire trip, "truck snd cut in two a large
whale which was sleeping on the ocean- The
lookont saw the whale and thought It would
MN on, but it did not. and with reversed en?
gine*, tbe liner bit It amidships. The col?
lision with about thirty tons of boor and blub?
ber ga . ? the ship a Jar.
THE LONGEST JOY RIDE. 1
Chicago Automobile Club to Hold a
Non Stop Run to Boston.
Chicago. Ill , January I*.?Plana for
, what is expected will be th? longest and
? nioet arduous joy ride'" on rc ord are
r* ;wt made by the Chicago Automobile
; Club, which la to hold a nonstop run
1 from here to Boston, by way of New
i York. The 1234-mile journey, according
t to < lub officials, wili be accomplished
J in sixty-seven hours The committee in
< barge has planned to hold the event
from June 25 to 28.
I Accompanying the motorists will be a
special train, it being the plan to map
i out a course paralleling one of the rail
j roads between < hi'-ago. New York and
: Boston. Drivers of the contesting cars
' are to be relieved at interva s. but the
motors must be kept running day and
I night during the entire journey.
The route, as tentatively laid out
; will take the cars through South Bend,
, Ind ; Toledo. Ohio; Cleveland. Ohio;
Bras, i'enn ; Rochester. N. V ; Albany,
N . V.. Poughkeepsie. N. Y. . New York;
ICtty, New Haven. Conn.; Springfield.
Ma-? and Boston. A committee con?
sisting of Harry Vissering and Krank
X. Mudd has been instructed to ne?
gotiate with railroad offli tals for the
special train, on which will be stored
various parts which may be needed for
repairs, and on which will ride officials
of the run, relief drivers, and "spec?
It has been decreed by the Board of
Oovernors of the club that no one
driver will be permitted to pilot his
car the entire distance. This measure
was adopted as a safeguard against the
possibility of MCMe?w which might
resuit from the exhaustion of en over
zealous pilot Drivers and observers,
therefore, will be changed at each con?
trol, which, according to present plans,
wnl be at Toledo. N. Y.. New York
Ci?y. and Boston. Tho awards of
prires are to be announced immedi?
ately after the run Is finished, and the
entire party will return by rail to
FIND RAPHAEL MASTERPIECE.
T/ondon. January ? ? The Standard say*
I hat Raphael s masterpiece. "La Donna Deila
t/uerela. wbirb bas been lost to the art
world for a century, wae brought to London
MILEAGE BOOK CASE
'Special to The Timrs-Dispatch >
Washington January Is ? Of much
interest to every part of the South was
the hearing of the South Carolina
Railroad commission against more
than eighty railroads, resumed here
to-day. after having been adjourned
from Charleston December tt, on the
mileage hook question
The South Carolina Commission is
being represented by J. Fr?ser I-von.
Attornev-Ger.eral. while the railroad*
have more than half a hundred lawyers
from all parts of th' country, as well
When proceedings began to-day the
railroad companies placed on the stand
a number of traveling ?elrsmcn from
South Carolina and elsewhere, and the
line of question indicated that efforts
will be made to upset the testimony
given at Charleston as to the
venienee and annoyance of present
milraf? book laws in tbo Mouth, and
especially in South Carolina.
Opposing the testimony of A. O.
Jons* and John ft Dudley, the latter
the president of the South Carolina
branch of the Travelers Protective As?
sociation, which went to show that
mu< h inconvenience results from pres?
ent mileage book regulations, the rail?
roads called upon William Oaillard.
Ileyward I.vnah. James H. Holme?
and other welt known South Carolina
knights of the grip to say what they
thought of the present law tt was their
opinion that no inconvenience neces?
sarily follows as a result of regulations
At to-days session these witnesses
discussed at length regulations wtfjch
require them to cichansje miWge for
tickets before boarding trains, and
while tt was stated thai in some tn
state-es there might be hardships that
as a rule, the plan worked well
P. H. McO
<HWill Sublet Shoe Depart?
ment in one of Richmond's
Leading Stores for Women's
A M~~?*J AdrJreti B. S37 Cm
Apparel. n* rm-Db^d.