Evening star. [volume], October 13, 1911, Image 1

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No. 18.643. j WASHINGTON. D. C., FRIDAY, OCTOBER 13, 1911?TWENTY-TWO PAGES. ONE CENT.
REV. ZffiCOPP OUT
Juvenile Court Probation Officer
Dismissed.
ACT OF JUDGE DE LACY
Removed for Disobedience of Court
Orders, He Is Told.
DENIES ALL ALLEGATIONS
Explains Case of Emil Frey, Upon
Which Most of Charges Seem to
Be Founded.
ft- 1 I
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. ::.v. >&$:-x:
|HW'H
. * HB*
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REV. ZED H. COPP.
Her. Zed H. Copp, chief probation officer
of the Juvenile Court for the past
five yeara and for more than nine years
engaged in probation work, was yesterday
summarily removed from office by
Judge William H. De Dacey for alleged insubordination
and disobedience of the orders
of the court from time to time. Mr.
Copp claims that John R. Dillon, his assistant.
was appointed as his successor
even before he had been advised of his
removal.
As justification of his action Judge De
J-?cy, in a lengthy communication addressed
to Mr. Copp, refers to an incident
that occurred last May.0when Mr. Copp
Is alleged to have failed to place in person
a son of A. Frey of 1357 Otis place
in school.
Further on in his communication, which
takes the form of an indictment in three
counts. Judge Delacy charges Mr. Copp
with having absented himself from duty
last winter under a plea of sickness "that
was, to say the least, suspicious." Mr. I
f'opp is also charged with "rushing into:
the newspapers in an endeavor to raise j
an issue wtth the judge of the court, contrary
to the good of the service," and!
also with inaccuracy in certain state-1
merits in the newspapers which Mr. Copp
is alleged to have made.
Mr. Copp, when seen today by a Star
reporter, denied the allegations against
him. He said that September 2U Judge
DeLacy calted for his resignation, which,
however, he did not tender as requested;
tnat on September 26, it is purported, a
:etter wu received by Judge DeLacy
rrom Mr. Frey reviewing the troub.es
about iiis son, an incident that occurred
iast May, which communication was eraboo
led in Judge DeLacy s charges; that
on October 2 he made a full rep4y, and
that yesterday he received notice of his
dismissal.
Case of Emil Frey.
In the Frey case, Mr. Copp stated, the
boy, Kmil Frey, was brought to the
court by his father on a charge of incorrigibility
and placed on probation May
16; that the father complained that the
boy would not attend school, and liked to
spend his evenings in company with other
boys, while the boy said he did not go
to school because he worked for his
father, although he admitted liking the
company of boys and bis desire to be
with them.
Mr Copp said that, acting under the
court's instructions. May 22 he endeavored
to arrange for the admission of the
boy to the Denn.son School, where he
was informed the boy had been admitted,
but refused to stay because he wanted to
go to the Hubbard School, nearer his
home.
The lateness of the school year, listlessness
and inattention to studies and irregular
attendance, resulting in the forfeiture
of his seat in school February 1,
are said to be the reasons why the boy
was not placed. Mr. Copp further said:
"Mr. Krey's charges com ng at this late
date lend themselves to a well set purpose.
and also discredit their sincerity by
the fact that Kmil is now bundle wrapper
in one of the department stores instead
of attending school."
Mr. Copp also claimed disingenuousness
in attempt.ng to confuse his actions at a
time when he was absent on annual
leave with a time when he was forced
to remain off duty because of illness resulting
from grip. Judge De lacy
found fault, he said, because he did not
go on duty in the snow-bound streets and
alleys while thus ill, especially as there
was no occasion for it nor orders from
the court that he do so.
Explains Newspaper Stories.
With respect to "rushing into the newspapers."
Mr. Copp stated that one story
miMistied as rnrnlnn from him
? wy ? - ? Of IIUI
authorized, and was published in a mom.
ing newspaper after lie had specially protested
and requested that no interview
purporting to come from him be published.
A statement from him in an afternoon
paper, he said, was made for the
purpose of correcting? an inaccuracy that
had appeared in a previous article.
"Since my appointment to probation
work in the District of Columbia, July
15, 1H02." Mr. Oopp said, "I have faithfully,
consistently and to the best of my
ability striven day and night to give my
best to Washington's betterment as I
saw It. I took a course in law that I
might give tree legal advice to thowe
who could not afford to pay for it, and
have labored by voice, pen and personal
investigation for the city's welfare. In
all my activities I have ever been actuated
hp the single desire to help humanity."
a
L
EXPUUN_ra COURT I
Hutchins and Heap Say They F
Meant No Contempt.
CITED BY JUSTICE GOULD F
Case Concerns B&ymond J. Cooley, Q
Who Was Brawn as Juror.
uriven xio uraer, aays aaumm.
Mr. Hutching says he had no personal tl<
conversation with the juror and gave him ki
no order whatever. of
In his answer Mr. Heap says he attempted
to have Justice Gould excuse u
Cooley, but the court declined. Cooley
then tried to have the society not employ si
a substitute, says Secretary Heap, but at
the officers could not adopt the suggestion ^
of the agent-juror. He says he told
Cooley that while the latter was on the ]*
jury the society would have to employ th
another man. but that the society could w<
not pay two men for the same work. be
Cooley was not suspended. Mr. Heap fe
says, nor was the slightest itimatlon
given to him that his position would not su
be awaiting him when his term of service
was finished. io
Attorney George E. Sullivan represents ve
Mr. Heap.
KNIGHTS OF COLUMBUS :
OUST EMIL L SCHARF M
tii
~~ed
Report Reaches This City That He h<
Has Been Dismissed on John- ^
son Charges.
. ve
yo
Emil L. Scharf of this city, who was ]
charged by Representative Ben Joknson
and others with using the Knights ^
of Columbus and the Catholic Church
for political purposes, has been expelled I
from the order, according to reports
reaching members of the order today. oc
This action is said to be the direct or
result of a determined fight made by
Representive Johnson, chairman of the
House District committee, who accused |01
him on the floor of the House of Representatives
of seeking to alienate
Catholic voters from Bryan to Taft M
during the last presidential campaign,
while a member of the national repub- at
lican committee. m
This Mr. Scharf denied in a public th
statement, but Representative Cox of In- i>
diana and William J. Dwyer aided Rep- ot
resentatlve Johnson in presenting evi- to
dence to uphold the charge. at
"Religion is one thing and politics an- in
other," said Mr. Dwyer. "The action of th
the Knights of Coiumbus convincingly
j proves that the order will not submit to
be used as a political machine."
Mr. Srharf, when iniormed of the reports
today, said that he did not believe u]
the board of directors had taken any tl
sueh action. He denied that the charges m
against him, which grew out of a private ^
conversation he had last winter with Rep- al
resentative Johnson, ran be proved to the gr
satisfaction of the board. Until he heard
an official report from the board of di- ti
rectors of the order, he said, he could q,
place no reliance In the report. tl
COLLISION KILLS TWO. J',
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Baltimore and Ohio Engineer and
Br&keman Lose Lives. al
CHICAGO. October 12.?Two men were tl
killed and a number of others har- K
rowly escaped injury In a rear-end collision
today between a freight train
on the Baltimore and Ohio railroad ft
! and a Pere Marquette fruit train at West Q1
! 75th street and South Western avenue. 111
The dead are Michael King, forty-flve
years old. Baltimore and Ohio engi- neer,
and R. K. Smith, Baltimore and
Ohio br&keman.
Aviator Delayed by Weather. ?
MINNEAPLI8, Minn.. October 13.? tj
Hugh Robinson, the trans-Mississippi V
aviator, delayed his flight this morning, (j
j owing to unfavorable weather. He made o
' three circuits of Lkke Calhoun and returned
to the starting point. Forty thou- b
sand people saw the false start. Another I ^
effort will be made to get away late laic!
the day. .. , II
J 1
AGENT OF HUMANE SOCIETY ^
Feared He Would Lose Job if Forced ?
to Serve in Circuit
Court No. 2.
j
"I disclaim In the most absolute terms
any intention by any act or word of mine a
to in any manner attack or infringe upon
or derogate from the dignity or jurlsdlction
of the Supreme Court of the District P
of Columbia, or of any division, justice
or officer thereof, or to at all hinder or tt
interfere with its administration of jus- t*1
tice. I have always been a law-abiding 1*
citizen, and have constantly had the in- ci
tention and endeavor, so far as within vi
me lay. to uphold the administration of tl
the laws and the courts which enforce d
them." Is
In these words Walter Stilson Hutchins, B
president of the Washington Humane So- jr
ciety, began his answer tiled today to the
charge that he had attempted to interfere
with Raymond J. Cooley, an agent of the B
Humane Society, in the performance of tl
the latter's duty as a juror in Circuit h
Court No. 2. Cooley reported that he
had been told he could not efficiently Vi
serve the Humane Society while engaged
in jury service. He told the court he was tj
afraid he would lose his position and
Justice Gould cited President Hutchins y'
and John P. Heap, secretary of the so
ciety, for alleged contempt of court.
Mr. Heap also filed answer disclaiming
any attempt to influence or hinder the .
juror in the performance of his duty. tl
Owing to the Illness of Justice Gould
today the hearing on the alleged contempt
was postponed until Monday.
o:
One Agent Resigned.
Through Attorney R. Ross Perry, Mr. ti
Hutchins says that October 4 Secretary *>'
Heap reported to him that Oscar H. ^
Robey, a member of the society's police
force, had tendered his resignation, to
take effect at once, because he had1 been
summoned as a Juror. This position was ln
filled and Secretary Heap then reported
that Agent Cooley was summoned as a
Juror, but wanted to retain his position *?
with the society. K1
Mr. Hutchins says he told the secretary
to inform Cooley that he must do his Jury ,a
service and that in his absence a substitute
would be selected and would draw n<
Cooley's pay until the latter had completed
jury service.
Mr. Heap responded that Cooley expected
to draw his salary-from the society
as well a* his jury pay. President Hutchins
declares he informed the secretary
that the financial condition of the society w
would not justify the payment to Cooley
and his substitute, but that Cooley could
have his job when his Jury service was
completed. - " **
be
All A?J?- m w?* ?
HOSE TESTOF JURY
tigid Inquiry by Attorneys in
the McNamara Trial.
IEGARDED AS FORECAST
iuestioning of First Man Called to
Establish Bale.
iTTITUDE TOWARD LABOR
Examination of Talesman Nelson,
Begun Wednesday, Not Tet Concluded?Clash
of Lawyers.
LOS ANGELES. Cal.. October i:i.?Exminatlon
of Talesman Z. T. Nelson of
asadena was the first proceeding set beire
Judge Walter Bordwell In the suerlor
court today in the murder trial of
a,mes B. McNamara. Questioning of
Llesmen, frequently regarded as a distal
proceeding, furnished in this case
iterest to spectators and partisans beiuse
It was expected to define, in adancing
the opening arguments, some of
le essential issues of the trial which is
eslgned to show whether the defendant
i responsible for the death of Charles J.
laggerty, who with others was killed
t the Los Angeles Times explosion over
year ago. For nineteen deaths James
McNamara is held on indictment, but
le state has elected to go on trial on
laggerty's case.
It was 10:14 o'clock when court con
ened.
District Attorney Fredericks informed
le court that he would like to withdraw
Is objection t<fc the unanswered queson
directed to Z. T. Nelson Wednesday.
Text of the Question.
The question was: "With reference to
lie officers and men who direct the mangement
of the affairs of labor unions,
o you believe that the great majority
[ them are lawless men?"
Lecompte Davis at once asked the queson
of Mr. Nelson, who replied: "I do
Dt believe I can answer that question,
do not know anything about the otflsrs."
"Well, what is your belief about them?"
"I don't know anything about them."
'You seem to hesitate before answerg.
Have you any doubt?"
'I can't say."'
"You realize the defendant is on trial _
?r a matter that concerns labor orinizations
and you have no opinion a
jout the majority of the officers beina |\J
wless men?" I|
"A great many are and a great many "
>t."
Declines to Draw Line.
"About half and half, then?"
"I could not draw that line."
'If you thought a great majority you
ou|d say so?" Q
'If my mind was made up."
"Don't you know, Mr. Nelson, that you
e prejudiced against officers of the lair
unions?"
"No- I should not -say so."
The state Objected to the line of quesmtng
as assuming that the veniremen
tew that the defendant was a member
organized laibor, and that no evidence ]
oof to that effect had been introduced, to
"Do you deny that the defendant is?" *j.
iked Mr. Darrow.
"We are not giving .testimony." an- st
re red G. Ray Horton of counsel for the da
ate. "I want to state in open court," N<
id Mr. Darrow, quickly, "that this de- re
ndant is a member of organized labor.
"If you were a member of organized ,
bor," continued Davis, in questioning '
e witness, "and you were a defendant, ?
ould you feel that a juryman in the ,
ix such as yourself could give the dendant
an impartial trial?" B
"There is no evidence in the case on the i
ibject of unions so far as I can see." j
"In other words you have such an opin- 0l
n as It would take evidence to re- ~
rse?" tl
"Yes." a
Had Bead Newspaper Reports. ?h
Mr. Nelson admitted that he had read Ni
wspaper reports of the rase. |"n
"Did you read O. E. McManigal's lesTiony
before the grand Jury, as publlsli>
in the Los Angeles Examiner?"
"I don't think I ever have, but I have ^
>ard of it." ^
"It is upon the statement that you have
ard that O. E. McMaanigal gave before Sc
e grand jury and committee appointed
r the mayor to Investigate and the instigation
you have made yourself that (
iu form your opinion?"
Mr. Horton objected that the question w?
is too complex. st<
rhe court permitted the question to be in
iswered. f
"I formed my opinion from what little
have seen, and the opinions of the
ineral public as to how the explosion by
curred." er
"Have you any opinions as to the guilt <
innocence of the defendant?" th
"I have." fie
"How long have you had those opin- trl
ns?" as
"Four to six months." re
Nelson's attltudue toward labor organl- ch
.tlons and their members, touched upon by
the preceding session of court, was mi
ade the subject of further inquiry for
ie defense, under Attorney Clarence S.
arrow, and the rulings of the court, on |.>jectlons
interposed by District At- ]
mey John D. Fredericks and liis aids, '
id the outcome was awaited as show- ?
g what confines would be placed upon ?
ie examination of other talesmen. f
New Man on the Panel. j
Before Nelson's examination was taken *
p, H. 8. Poppenbush was called into w
ie box as talesman to replace one dis- ?
issed at the last moment of court
Wednesday because of physical in- ?
?ility to stand the fatigue of a long
laJ.
Nelson, a ruddy-faced man of sixtyeo
years, from the start answered
lestlons put by counsel with deliberaon,
weighing his answers.
"I can't answer that question, because
m not sufficiently familiar with the
ibject," was his reply from time to
me to questions concerning his attiide
toward labor organizations, as he
nderstood them to exist in California
ud elsewhere.
of th? <W?rtr>fnn+4nn
ons Involved in the anamination of
el son, the tlrst talesman, it was said
tat questioning of other talesmen
ould go forward much more rapidly.
The talesmen, transferred last night
om the official Jury room to more airy
uarters, romped like boys at their
lornlng bath, and appeared immensely
sfreshed by the day of ease offered
r yesterday's legal holiday.
Shaving Facilities Provided.
The veniremen had a little automobile
de. They came into court w..h bristling
?ards. it having developed that none of
lem was accustomed to shave himself,
arious types of -razors were sent up te
lelr rooms and rejected. Thereupon
ley decided to request the appointment
f a barber, who should be allowed to
liave them under the supervision of a
eputy sheriff. The prisoner, accompanied
y Sheriff Hammel, sauntered into court,
odding to several friends. He took an
iconspicuous seat against the rail and
hatted for a minute with Clarence 8.
tar row, his chief counsel. It
*
Friday ,
Oct I
14 1 ft
1DSHIPMAN C. D. PRICE
ENDS LIFE BY SNOOTING
rdered to Take Re-Examination,
He Preferred Not to
Stand the Test.
MANILA, October 13.?Charles Dennisn
Price, a midshipman of the cruiser
;w Orleans, belonging to the United
ates Asiatic fleet, committed suicice toy.
He shot himself In the head. The
?w Orleans is lying off Cavite, having
cently returned from a cruise In Chise
waters.
He was appointed to the Naval Acadny
at Annapolis from Pennsylvania
ly 27, IJHtt. No explanation of what
1 to the demand for his resignation is
ven here.
Midshipman Charles D. Price, who eomItted
suicide aboard the cruiser New
Means today, had been ordered, by the
ivy Department to take a re-examina>n
for his promotion. Having failed on
previous examination, It is believed at
e department that he preferred to refn
rather than to stand the test. The
ivy Department was awaiting the. ar/al
of the New Orleans at the Mare land
navy yard before accepting the resnation.
EACHING INDIANS TO FARM.
ientific Methods Propesed by Congress
of Red Men.
COLUMBUS, Ohio, October 13 ?Plans
*re set on foot at the first formal sesnn
of the first congress of American
dians here todary for training the men
the race into the scientific methods ot
xiculture. This followed an address
J. E. Shield, government expert farmat
Darlington, Okla.
Jharles Doxon of New York city urged
tmJninar-of the Indian in mechanical
Ids, and pointed to the primitive conIvanees
and appliances of the red men
showing inherent instincts in this diction.
The domestic side of Indian
aracter was emphasized in an address
Mrs. Anna Wilde, head of the homeiking
department of the Indian Instite
at Fort Berthold, N. D.
-our
3rize
Entries
in our next Sunday Magazine.
Stories offered in
our Prize Story Competition
by
Joseph A. Altsheler
Elia W. Peattie
Tudor Jenks
and
H. D. Couzens
i.
In the next
G)
Sunday
Magazine
of The
Sunday
Star
3
i j . i:
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j' 1 ! norm**
I PomQ
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i 1 Mp<I?
I ' 1 ' '152$Pfer
II *}"tlnVrr^* A#
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ASK ANJPEN1
Labor Leaders Oppose Hei
ing Before an Examiner.
HOLD CASE IS CRIMIN
Want Court's Protection in the T
ing of Testimony.
The motion to dismiss the conte:
proceedings against Samuel Gomp
president of the American Federal
of Labor; John Mitchell, vice pr
dent, and Frank Morrison, secreti
will be heard before the entire be
of the District Supreme Court r
Friday. At the same time counsel
the labor leaders will renew the ar
ment made today before Justice Wri
on the application of the commltte<
prosecutors for the designation of
examiner in chancery to take pi
of the charges and the evidence offc
by the respondents in refutation.
Justice Wright did not decide the qi
tion of reference today, although heai
counsel for and against the propositlot
Holds Proceedings Criminal.
Attorney Jackson H. Ralston conten
for the right of the labor men to be h?
in open court and to be confronted tl
by the witnesses that might be offc
against them, and where they would h
the protection of the court. By this
meant that the court would prevent
Introduction of Immaterial evidei
which might creep in before an exami
who is without authority to pass on
admissibility of evidence, which ml
unconsciously influence the court in
decision.
The main point urged by Mr. Rah
was that the proceeding is criminal
should be governed by the rules of
dence applicable to such cases.
"You are assuming a great deal,
Ralston, in saying this is a crim
case," said Justice Wrigfit. "If it v
such it would be triable by a jury."
Mr. Ralston then said that the Un
States Supreme Court had decided t
criminal contempt partakes of the nal
of a criminal proceeding, and as coui
for respondents he would insist on 1
mg the procedure usually observed
criminal cases followed as far as pea
cable. He pointed out that the Si
case had been referred to a special c
missloner, but only with the conseni
the respondents, who were impecunl
or engaged in official positions in 1
nessee. He declared consent was a <
dition precedent to a reference.
Argues for Reference.
J. J. Darlington of the committee
prosecutors denied the claim of a cr
inal proceeding and said the motior
name an examiner was entirely In 1
mony with precedents.
As the motion to dismiss was not re
for hearing until next Friday, Jut
'Wright postponed action on the mot
until that time, saying the hearing w<
be before the entire personnel of
court.
SUFFERS INTENSE AGONY
Window Cleaner Imprisoned Betw
Elevator Platform and Sidewal
NEW YORK, October 13.?While an i
bulance surgeon stood beside him.
ministering morphine at ten-minute
tervals to dull hiB agony, and a comp
of firemen chopped desperately in an
fort to free him, Samuel Swift, a wind
cleaner, today lay wedged for an fc
and a half between an .elevator platfi
and the sidewalk.
Thousands of persons crowded abou
watch the struggle for his release,
was caught across the abdomen and h
and was so tightly crushed against
shaft that the elevator had to be ta
apart before he could be freed. It '
thought he would die at any mom
and extreme unction was admlnlstc
by a priest. He was still living, h
ever, when taken to the hospital.
It is thought that Swift sat down
the edge of the elevator, which shot
with him before he could escape.
u
ttl
I ti
m
|L PLEADING IS ATTACKED ' jj
IN TRANSFER ACTIONt
si
Paper Filed by Capital Trac- I
tion Company Declared Not *
Within Court Rules.
ak- el
An attack on the form of pleading u
adopted by the Capital a raction Company ai
in opposition to the petition of Arthur Lu lu
Shreve, receiver of the Baltimore and it
rap Washington Transit Company, to compel
er8, the issuance of reciprocal transfer at 14tl? cr
tion and Kennedy streets was made today by of
e8'" Attorney Henry W. Williams and Harry i th
ary. F. Lerch, for the receiver.
nch Although a hearing on the traction com- pi
text pany's motion to dismiss the petition of
for the receiver for lack of jurisdiction in
gu- the court has been set by Justice Wright
ght for Monday next, counsel for the receiver
? of today presented a motion to strike out Fi
an the paper filed by the Capital Traction *
oof Company. Counsel contend that the plead>red
AnS does not conform to equity practice
and that although called a motion to dis- ^
miss, the paper filed by the traction com- co
pany cannot properly be so designated, be
, ^ nor is its form that of a plea, demurrer g.
or answer. Equity pleading must take
?< * n
ciiiici ui iiicnc uacc iuiuib, tuunsei lor j
the receiver contend. |
lded Would Avoid Delay.
sard
lere " The action of the receiver's counsel to Pc
sred get the pleadings in proper shape would
ave indicate their intention to have the mathe
ter passed on by an appellate court, a
the where an error In pleading might cause
nee, a delay in the decision of the merits by
ner, the higher court.
the Notice was served on Attorneys R. Ross nr
Ight Perry & Son and G. T. Dunlop of the
its motion filed today and it is expected
that the hearing arranged for next Moniton
day not 1)6 Postponed,
and ?? to
evl- WOMAN SHARPERS CAUGHT. ^
Mr. yv4
inai They Won Prizes at Euchre Parties u
rere
With Marked Cards. 0,1
hat NEW YORK, October 13.?Six woman
ture card "shfcrps," who are believed to have at
nsel had a long and successful career as ;1
iaJ^ prize winners at b.g euchres and other , th
cti_ card parties given under the auspices of LP
ilpp church societies here, have been caught 11
om- operating in Brooklyn by three priests.
- of Those familiar w th. the facts declare
'en- ihat tPe women have been engaged in
5on_ their work as professional gamblers for D;
two years, and have carried away with
them prizes in cash and other articled
valued at several thousand dollars. They
! of might have gone on with the r scheme w
im- indefinitely, but for' the fact that a priest at
i to overheard a conversation on a street car th
har- between two of the women several days fr
ago, and laid a trap for them when they v,
tried to begin operations at a fair in the M
?dy Forty-seventh Regiment armory in re
itlee Brooklyn. , di
ions in the street car conversation over- r-.
Vh- iJeam by tbe priest one of the women ~T
tne told how she had marked the cards at a rfl
church euchre and thus won the first af
which was a set of silver valued at '
El
Mn PROMINENT MORMON DEAD. to
- r
k. John Henry Smith Was Member of f?1
aadl First Presbytery. lal
In- SALT LAKE CITY. Utah, October 13.any
John Henry Smith, second counsellor to i
ef- Joseph F. Smith, president of the Morow
mon Church, and a member of the first T1
tour presbytery of the church, died suddenly
arm at his home here this morning. He was
born in 1848. ?
t to John Henry Smith was born in what ha
He ts now Council Bluffs, Iowa, and when a Bo
small boy crossed the plains to Utah. He cai
ken was one of the most prominent men in- Mi
was terested in the development of the west ri\
ent, and was well known throughout the tei
red country. He was president of Utah's^ J
ow- constitutional convention and in 1902 was its
president of the trans-Mississippi com- loi
on mercial congress. its
up Two wives, fifteen children and eighteen sic
grandchildren survive Mr. Smith. oft
TUB TRUST LOSES I
ederal Judge Rose Renders (
Adverse Decision.
ULING A SWEEPING ONE 8
V
ction Against Manufacturers (
Brought Under Sherman Act.
REDGER PATENTEE INCLUDED J
an Who Issued Licenses to De- 3
fendant Concerns Held Subject
to the Law.
3ALTIMORE. Md., October 13 ?In the
lited States circuit court here today
idge John C. Rose rendered a decision
favor of the government in its dislution
suit against the Standard Saniry
Manufacturing Company, and
hers, the so-called "bathtub trust."
idge Pritchard concurred with Judge
Jse, while Judge Golf dissented,
rhe decision is most sweeping in Its
aracter. Edwin P. Grosvenor, special
isistant to the United States attorney,
id United States District Attorney
>hn Philip Hill of Baltimore, who conicted
the case for the government,
ated that today's decision supports
e government's contention on every
int.
rhe action was brought under the
terman anti-trust law. In case of an
peal, it will go direct to the Supreme
?urt of the United States. While this
cision is in a separate case from the
lminal action against the alleged trust
Detroit, the proceedings concert the
me subject matter and are against
e same defendants.
Under the court's ruling, Edward L.
ayman, patentee of an enamel dredger,
ho issued licenses of the patent to the
tfendant concerns, is held as much subct
to the laws governing monopolies as
ly other man, and, while he still has
e right to exclude all others from
aking use of his patents, "he cannot
ive the right to sell indulgences" in
olatlon of the anti-trust act.
Called a Subterfuge. '
S
It was on the patent holdings of j
'ay-man that the fifty defendants in j
le case upheld the right of their aeon
in the combine, and the govern- t
ent maintained that this was but a i
lbterfuge. <
Judge Golf's opinion in dissent was i
?ry brief. He held that "the facts '
stablished by the testimony, consider- ,
I in the light of the law applicable <
tereto, compel me to conclude that the 1
negations of the petition have not 1
een sustained." <
Judge Rose said that the evidence
iiows that two of the individual defendnts.
Bert O. Tilden and George W.
ranzhelm, secretaries of the Colwell
ead and the Wheeling Enameled Iron
mnpanies. respectively, had no- part in
jrming the combination, and that as to
lem the petition should be dismissed.
Said to Be Unpatented.
According to the prevailing opinion, the i
uamel ware put out by the concerns, al- j
tough manufactured by means of the <
Jtomatic dredger of Wayman, is abso- ?
itely unpatented, and any one may sell
as freely as a loaf of bread. t
DETROIT. Mich., October 13.?The j
-imina! cases against more than a score c
' firms and individuals alleged to be in t
le "bath tub trust" probably will come
j at the November term of the federal 1
>urt here. All the defendants have f
eaded not guilty.
COLECTS OLD CLAIM. I
?? c
ormer Michigan Postmaster Gets '
loney Owing for Nearly 70 Tears. 1
MORRICE, Mich., October 13?August
ilcox, the oldest resident of Shi&wasse
unty, who for nearly seventy years has
>en trying to collect $5.04 from Uncle
im, has at last succeeded?minus the f
terest.
Mr. Wilcox was postmaster at Bridge- j
ater, Mich,, under President Tyler, and <
me time after he was succeeded in the t
isition he learned he had some money i
ming to him. Recently the proper <
entirication papers properly reached 1
ashmgton and the checa came back in
hurry.
RAFT CAUSES BOYS' DEATH. <
i
hree Built. Float and Used It for <
the First Time. '
JAMAICA, N. Y., October 13.?A raft f
bu ld which three small boys had toll- c
for several days took two of them to f
elr death late yesterday, while the third 1
as resuscitated with difficulty. Albert
ing and Fred Gaff man, both nine years i
i, had pushed the raft out on a deep i
ind here, when Charles McFall, eight c
sars old, the third builder, leaped
loard. His weight tilted the float and t
u.irHi ail thrfcp into the nnnfl n-here
ey were held last by the muddy bot- 8
m. Rescuers dived many times before S
e boys were brought up. s
, g
STEAMER IK DISTRESS. 1
p
isabled Freight Carrier Struggles a
With Wind and Wave. t
PORTI.AND, Me., October 13.-Some* *
here off Portland harbor, probably d.s- ^
>led and at the mercy of wind and wave,
e freight steamer Massasolt, bound
om Boston for Portland and other
alne ports, was struggling today to J
ach this harbor. The Massasolt's precament
was reported by the steamer "
imden, bound from Boston, which arred
five hours late at -.ockland this
ternoon.
rhe Camden at 10 o'clock last night 1
und the Massasolt in distress off Cape
izabeth lightship. Her engines were c
oken down, and the Camden was asked c
stand by, which she did for five hours. _
rhe Massasolt's engines were repaired. _
mporarily. and she started slowly for ?
is port, the Camden proceeding to Rock- ^
nd. ^
ALEUTIAN VOLCAKO ACTIVE. I
e
iree Distinct Eruptions Recently, v
According to U. S Marshal
5EWARD, Alaska, October 13.?There
ve been three distinct eruptions of
igoslof, the celebrated Aleutian vol- c
no, this season. Deputy United States n
irshal Hastings of Unalaska. who ar- ?
ed here today, passed Bogoalof Sep- ti
nber 10. ' d
logoslof Island had completely changed a
i physical appearance. There was no p
lger a boiling lake in the center. In .pi
i place was a bay of cold water, the li
le of the island having been blown f<
"A *
t
UNA FACES CRISIS
Jutbreak Against Manchus
Spreads Rapidly.
SAY REPUBLIC IS FOUNDED
Commander of the Wuchang Garrison
If Cashiered.
'EKING BEING THREATENED
Revolutionists Led by Oen. Li Qusn
Hong?Hankow Scens
of Desolation.
SAX FRANCISCO. Oct. IS.?Advtccu
??* received here today by the CkiM
?al Vat Ho, (the Chlaeoe Dally World)
that the revolutionists la China have
leclared a republic, elect Iks LI Yaaa
Muss, lleuteoaat commander of the
Imperial new iruy, preoldeat.
PEKING. China, October It.?China
odav faces an unprecedented crista
Vith the spread of revolutionary ac*
ivitv the opinion in training ground
hat the fate of the ruling dynasty
tangs in the balance. The revolution
s no longer confined to the central .
irovinces. a thousand miles away from
he capital. Peking Itself Is threatened.
Members of the cabinet admitted tolay
that the garrison here is known
o be honeycombed with the revolulonary
sentiment.
The same condition exists in the two
Treat military posts which guard the
'apital. Pao Ting Fu and Tientsin.
There are still official attempts to
ninimise the gravity of the situation.
>ut the reports reaching the capital
^ive little bhsis for hope. Today's
tews Includes reports that Chungking
was in' danger, that I-Chang had
>een taken, that Yo-Chow had fallen
md that communication between^Hantow
and Changsha, the capital of
?? J a- -
luuan yruvincr, was interrupted.
An edict published today oners pardon
:o ail revolutionists who were coerced
nto Joining the rebellion. The pardon is
conditional, however, on their expressing
suitable repentance (or their defection
rhe government today followed up ita
ict of cashiering the viceroy of Wuchang
by extending the same treatment
to Gen. Chiang Pao, the commander of
the troops In the Wuchang district, where
this week's outbreak began.
Maneuvers Celled Off.
Every effort of the authorities for the
present will be concentrated In an attempt
to provide adequate defense for
the capital of the empire. The program
for the autumn maneuvers in Kai Pong.
100 miles south of Peking, where 3u,0uu
troops were to have participated in extensive
drills, was canceled today, and
the sixth division of the army was orlered
to entrain this afternoon for Pong Tai,
a suburb of this city.
The government in Us reports on the
lituation is attempting to convey the im>ression
that the revolutionists are wtth>ut
trained leaders or adequate organise ion.
But the revolutionists have a rotable
chief, well versed in military afairs,
in Gen. L.1 Quan Hong.
Secret advices received here indicate,
noreover. that I)r. 8un Yat Sen. whom
he revolutionists hope to elect president
?f a Chinese republic, was at ShaAghai
ast week and may by now be on the
icene of operations at Wuchang or Hancow.
Rebels Occupy Hill.
Consular advices received here today
itate that the rebel artillery has occupied
l hill commanding Hankow and the reb>ls
have taken possession of the railwav
nation. The allied foreign marines have
anded and are protecting the foreign
concessions under command of the Japinese
Admiral Kawashlma, of the third
iquadron of the Japanese navy. The
Chinese gunboats are anchoring off the
loreign concessions for their own safety.
Massacre of Manchua.
HANKOW, China, October la.?This
city was a scene of desolation today. All
light long incend ary rtres burned
hroughout the native quarters, and It
vas a night of terror for the populace
["here was a massacre of Manchu
amities, which left large numbers of
lead, and to add to the danger all the
irlsons were opened and the n mates reeased
to wander about the town.
The revolutionary organization is makng
every effort to restore order, and It
s announced that rioters wherever
aught will be severely dealt with.
The revolutionary army is stiingly inrenched
in Wuchang and Hanyang, with
;uns mounted in commanding positions,
ilnce the capture of the Hanyang arenal
there has been no solicitude reardlng
the supply of ammun tion, and
he leaders declare confidently that they
re in a position to cope with any opositlon
Parties of government troops which are
.rrivlng here from time to time are met
romptly by revolutionists, who endeavor
o persuade them to join the movement,
f they do they are allowed to withraw
beyond the limits of the city.
Interview Col. Li.
The American consul general, Roger S*
Ireene, crossed the Yangtze river to
Vuchang today, accompanied by the com.
lander of the American gunboat Helena,
he Associated Press correspondent and
wo Chinese interpreters. The party went
narmed and entered the gates of th?
Ity after they had been opened for a
quad of rebel artillerv to pas* out
The party interviewed Col. IJ. the rebel
ommander. who showed them every
ourtesy and assured them of their safety
rhile in the city. The consul general
athered up forty-four foreigner* who had
ot yet left the city. Including: Amerfans.
Englishmen and Italians, and took
hem back to Hankow. The missionties
were accompanied by 8t>0 of their
'hlneae proteges. The party was unm >?sted
on its way through Wuchang, being
scorted all the way by a squad of rebel
roops.
Foreigners Are Safe.
LONDON, October 18.?Private advices
aceived here today by missionary soietles
and commercial bouses with conections
In China confirm earlier reports
f the safety of foreigners In that oosnry.
In fact. It Is stated in advices from
liferent points in China that the Mvee
nd property of foreigners are under the
rotectlon of the rebels, who in some
laces have taken the precaution of poetig
placards in the mission oompounda
>rbkldlng any attack on the olttasn* ot
liber countries or their property. ttavt