Daily press. [volume], December 09, 1906, Image 1

About Daily press. [volume] (Newport News, Va.) 1896-current

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1 (\ ?a*es
k u Today
VOL. XL NO. 292.
IS. BIRDSONG'S
STARTLING STORY
Swears That Dr. Butler Attempt?
ed to Assault Her on Night
of the Murder.
CAN'T REHIEIWBER DETAILS 0FCB1E
One Witness Gives Evidence That the
Murdered Man Was Drunk When
He Made the Slanderous Statements
?The Accused Woman Denies All
Acts of Immorality.
(Dv Associated Pross.) 1 ]
HAZETLHURST, MISS., Doc. S. ?
Some startling evidence was Riven
today by Mrs. Angie Blrdsong when
she went on the witness stand In bor
own defense against the charge of
murdering Dr. Thomas Butler. The
defendant said tnat she went to Dr.
Butler's office, where the trngedy oc?
curred, with peaceful Intentions and
that Dr. Butler attempted to assault
her while there. In this she swore
that no Illicit relations hnd ever ex?
isted between her and Dr. Butler nt
any time. Mrs. Blrdsong said thnt
Mrs. Nora Garrctt had told her that
Dr. Butler bad said be bad been Inti?
mate with the defendant and that she
made an appointment to meet him.
These stories, the witness said, al?
most broke her heart and from the
time she heard them, she scarcely
knew what she was doing. She said
she was In this condition when she
went to Dr. Butler's office. Her pur?
pose was to ask him if It was true
that he had told such stories about
her and how as nn old friend, he
could have done such n thing.
Dr. Butler seized her, the witness
testified, when she had asked the
? questions. He attempted to drag her
Into n room adjoining the office. She
said she believed that he Intended to
assault her and that she drew a re?
volver and began firing.
She said she remembered that she
kept on shooting, hut the details of
Dr. - Butler's death were confused In
her mind. She said she could not re?
member how she reached home after
Bhootlng. The prosecution did not al?
ter her testimony although she grew
nervous.
Dr. Butler Was Drunk.
Captain SUilman. the first witness
for the defense, was asked about
statements said to have been made
by Dr. Butler on tho Tuesday night
before the shooting. Witness snld
that Dr. Butler was drunk when nd
made these statements. The court
ruled out most of the statements
made by this witness concerning Dr.
Butler's alleged remarks.
Senator McLaurin, speaking for the
defense, nrgued strongly thnt it was
nfijust to exclude these nortions of
(he testimony. Judge Miller, howev?
er. Btood firm in his ruling that only
those parts of the remarks which had
been reported to Mrs. Blrdsong before
the shooting should be admitted.
'Sillman testified thnt on the Tues?
day night in question. Dr. Butler had
nskod her to prevent her husband
from going out on the street, he al?
leging that he was going for the nur
r<o>'e of meeting a woman. Luther
Gplce. mayor of Monticello. was not
aflpwod on the witness stand to tell
ot?oconversatlons with Dr. Butler on
th> Tuesday night in question. The
defense attempted by questions to
sT^ow that the mayor reported these
remarks to a man whose wife carried
tlfem directly to Mrs. Blrdsong.
??"Mrs. .Mnry Hoffman was'called and
testified that she had told Mrs. Bird
sqng nhout the stories alleged to have
been told by Dr. Butler. The defense
rested Its case today. Arguments will
begin Monday.
Lake Vessels Ice Bound.
? fBv Associated Press.)
T)BTROIT, MICH.. Dec. 8.?A spe?
cial from Sault. Ste Marie says:
Twenty vessels are caught fast in the
led in the St. Mary's river the. cold
sitap of the past few davs having
caused six to eight Inches of ice. The
Lake Carriors' association has organ?
ised an ice crushing expedition to
leave Sault Ste Marie tomorrow morn?
ing to attempt to release the im?
prisoned ships.
THREE HUNDRED GIRLS
MAKE ESCAPE FROM FIRE
Large Building of the John Magnus
. Company Damaged $100.000 by
Flames.
fBv Associated Press.>
CHICAGO. ILLS.. Dec. 8.?The large
b?lidlng occupied by tho mail order
service of the .Tohn Magnus Com?
pany, at Thirty-fifth and Morgan
streets, was destroyed by fire today.
An adjoining structure occupied by
the Universal Trading and Supply
company was badly damaged. Total
n $1,000,000. The Magnus company
NEW]
oni ploy es about 300 ?Irls, who made
tTu'tr way to the rlre escapes and were
rescued by police and firemen.
Three of them were overcome by
smoke and were carried from the
building unconscious.
FAMOUS CONFEDERATE
DIES AT TAMPA, FLA.
John C. Brain, Who Was the Last
Prisoner to be Released from
Pnson. is Dead.
TAMPA. FLA.. Dec. 8.?John C.
Brain, of the Confederate Navy, died
here today of paralysis. During the
Civil war he commanded several Con?
federate vessels. After the? war hn
went to England and returning n
month later, he >/is arrested by or?
der of Secretary of the Navy Gideon
Wells and was held a prisoner until
March 180?, being the last Confedor
i ate prisoner to be* released.
He was a close friend of Jefferson
Davis.
NORFOLK'S AMBITION TO
I ANNEX SEVERAL SUBURBS
Joint Committee Has Decided to Ask
Council to Name a Committee
to Discuss Matter.
! NORFOLK.'Dec. 8.?-The joint com?
mittee on annexation, representing
various business body of the city, has
decided to ask the council to name
a committee to discuss the advisabil?
ity of annexing Huntorsvlllc, l-nm
bert's Point and South Norfolk;
The matter will come up at the
meeting of the board of aldermen
Tuesday night.
The assessed value of t ho property
to Huntorsvlllc was reported to be
$1,847.920, and that of Lambert's
Point, $1)509,819.
VERMONT'S GOOD TRIAL
New Battleship Meets all Require?
ments Under Severe1 Conditions.
WAS INCASED IN COAT OF ICE
Rear Admiral Hemphill Wires the
Navy Department That the Ship
Behaved Well?Averaged 18.33
Knots an Hour on Full Power Run.
ItTly AssocTuCca Press.)
BOSTON, MASS.. Dec. 8.?When
the battleship Vermont successfully
] completed all her trials at sea this af?
ternoon, including a four hour run at
full power, a 21 hour endurance test,
and the usual turning and backing
? maheouvres. her entire forward deck
from stem to bridge was encased in
luce as the result of a 3'i hours' trip
in a northwest gale and zero temper?
ature. Upon reaching the city to?
night Rear Admiral Hemphill. chair?
man of the naval trial board, notified
the secretary of the navy that the be?
havior of the ship had been excel?
lent.
j In the four hour power run the
Vermont averaged 18.33 knots an
I hour. In the 21 hours test the aver- 1
,age speed was 17.43 knots an hour
.and the horse power 14.500. The re?
quirements called for an average1 of
18 knots nt full power, and 13.200
horse power at two third's speed.
I The trials were held under most
severe conditions yet undergone by n
government vessel in the-official tests
and the requirements were all com
' pleted within rour days, which is the
! shortest period in which a battleship
I has been put through her paces.
RICHMOND COURTS ARE
TANGLED BY ANNEXATION
New Problems Growing Out of the
Capitol City's Ambition to Be a
Big and Great City,
RICHMOND, VA.. Dec. 8.?New
problems brought out of the changed
: conditions brought .-.bout by annex?
ation are confronting the city and
county officials today. What prom?
ises to be among the most vexing
? is the status of the criminal cases
originating in the annexed districts
of Henrico county, and certified by
magistrates before whom the pre?
liminary hearings were held, to the
circuit courts of Henrico. These
cases are not now within the juris?
diction of Judge Scott, and must
be transferred to Judge Witt's court
for trial. In the opinion of some of
the lawyers. Others contend that
the Henrico circuit court retains
jurisdiction In the cases.
The court officers are now making
Inquiry Into the laws that have
bearing on the question.
Cleveland Again Hi.
PRINCETON. N. J.. Dec. 8.-Grover
Cleveland Is ill at his home, "West
land," of acute indigestion. Mr.
Cleveland ha<? been ill more than a
week and still remains unimproved,
and every precaution Is being taken
by his family physician. Dr. J. M.
Cnrhcochan. and by Mrs. Cleveland.
PORT NEWS, VA., SI
ARTHUR BROWN SHOT
DOWN BY A WOMAN
Raleigh Rotel in Washington the
Scene of a Sensational At?
tempt at Murder,
WOMAN WANTED WRONGS RIGHTED
Both Parties are Prominent In Salt
Lake City, Utah, Circles?She
Claim6 That Man is Father of
Two of Her Children?'Has Been
in Scandal Before.
(By Associated Press.)
WASHINGTON, 1>. C. Hoc. 8.?
Former United States Senator Ar?
thur Brown of Utah tonight lies in1
a critical condition iu Emergency
hospital from a pistol shot wound
in the abdomen Inflicted by Mrs.
Anna M. Bradly of Salt Lake, who
arrived here today front that city.
The shoot lag occurred In SOlttttOi 1
Brown's apartments in the Halolgh
hotel, where Mrs. Bradly also had j
registered under the name of "A.i
B. Brown." She was taken In cus?
tody and was locked up for the night I
iu the matron's room of the first
precinct police station. Two shot* |
wore tired one grazing Brown's i
left hnnd and the other entering |
the ahdoinen and lodging in the
pelvic cavity.
After working over him for near-1
ly i wo hours, the . surgeons decided I
that for the present at least, they j
would make no further attempt to'
find the bullet'. It was stated to?
night that while Senator Brown's
condition was critical his wounds
are not necessarily fatal.
Mrs. Bradly arrived here shortly
after noon. After being assigned
a room she immediately went to
Sei.ator Brown's upartment. There
.were no witnesses to the shooting, j
hut n floor maid heard the shots
and notllled the management. Ac?
cording to her statement Mrs. Brad?
ly came to Washington to demand
that Senator Brown marry her. Sh.
said that their relations were well
known in Salt Lake. "I asked him
if he was going to tin the right
tiling by me." ehe said, maintaining,
a remarkable composure. "Ills re-1
ply wag; that he put on his overcoat. I
and started to leave the room and |
I shot him. 1 abhor acts of this ,
character but in this case I was
fully Justified."
Father of Her Two Children.
She alleged that two or her chil?
dren owe their parentage to Sena?
tor Brown and that she had named
one of them after htm. Mrs. Brad?
ly was reluctant to speak of her
divorced husband but qestlonlnrf
brought out the fact that he is now
living in Nevada with a second
wife. Further questioning disclosed
the Tact that Mrs. Bradly for two
years ,1900 to 1902 had served In |
the capacity of secretary to the Utah |
State Republican Committee and at \
one time was editor of the official
organ of the state Federation of
Women's clubs.
Who the Parties Are.
SALT LAKE CiTY, UTAH. Dee.
8.?Arthur Brown a prominent law?
yer who was one of Utah's first
United Slater Senators, being elected
when Utah 'was admitted to state?
hood, left here for Washington sev?
eral days ago. Anna M. Bradly.
who has figured before In a sensal
Unna! criminal case, in which she
and Senator Brown were involved,
left the citw two days after Brown's
departure. About three years ago
a charge Involving immoral conduct
was filed against Senator Brown
and the Bradly woman by Senator
Brown's wife. Before I ho ease came
to trial Mrs. Brown withdrew her
(diarges and Mr. Brown was released.
Mrs. Bradly pleaded guilty. Before
sentence was Imposed, however, she
was permitted to withdraw her plea
and the charge against her was
dismissed.
Three days before Bro ?"-'-, depar?
ture for Washington he talked with
Mrs. Bradly and she agreed to go
to San Francisco. It was supposed
that she had gone there.
Will Wahash Enter Richmond?
RICHMOND, VA., Dec. 8.?When
the Rlchmond-Ashland division of the
Richmond and Chesapeake Bay rail?
way is completed will the Wahash,
the road owned by George .lay Gould,
run Into Richmond over tho line? This
is the question heard on all sides to?
day. Knowing ones say that such Is
an assured fact, while those directly
Interested in the Richmond and Ches?
apeake Bay line are disposed to avoid
discussing the question.
Gorky's Last Play Stopped.
NAPLES. Dec. 8.?Maxim Gorky's
latest plav has been placed under the
ban by the prefect of police, on the
ground that it is dangerous to nubile
order, and Its production in Naples
prohibited. Gorky is disgusted with
the stand taken -by tho .prefect and
will leave here immediately.
NDAY. DECEMBER
GRIDIRON CLUB RAS
ROYAL GOOD III
Famous Washington Organization'
Roasts Government Officials
to Its tot's Content.
PRESIDENT GETS HIS SHARE
The Initiation of Two New Members
Makes an Opening for a Whole Lot
of Fun?Cabinet Officials. Ambas?
sadors, Senators and Members of
House Wer? There.
(By Associated Prosa.1
WASHINGTON, D. O.. Doc. S.?
With tho President of tho Unit .-1J
States and the Vice-president and the
ambassador from Italy.
Great Britain, Russin and Japan,
with tho Speaker Of the House of Re?
presentatives, senators and represen?
tatives In congress, with many of the
groat captains f)f industry, present, the
twenty-third annual dinner of the
Gridiron club tonight at the New \VU:
lard, mnrkod the high tide of the
club's prosperity nnd Its achieve?
ments. Throughout general satire
burlesque ami straight comedy were
Ihn. dominating notes in tho most
successful dinner this famous (dub of
Washington correspondents has ever
given.
There wore sharp contosrs, mfrlh
nnd sorlouBiioss chasing one anothor.
the tribute to tho dead members of
the club nbullng closely upon a bur
loBque. Culinn revolution nud nn ex?
emplification of what happened In t,ho
"Inwn tcnniR. cabinet," which meet*;
with the Pfnsldent every dny. Sun?
days excepted, and "volleys with him
over the nets." created much mirth.
"Probably tlio Htrongest fonturo of tho
ulnner was. "tho . Gridiron., simple
siieller" and dictionary which was Is?
sued In the form of a booklet of some
forty pages containing qunlnt snell
ings and exceedingly funny cuts, lllus
Irntlng the definitions.
The Inlllatiou of (lie two new ineni
bers pave mi opportunity for a (inlet
din at tho war donnrtmonl for drop?
ping out llircc colored cbinpanlos of
the Twenty-fifth infantry at Browns?
ville, Texas.
Mr. Arthur Williams, of the Wash?
ington Herald nnd Mr. Charles Willis I
Thomnson. of the New York Times, I
were the two new members taken In
to the club, the former Imnnrsonntlng
an officer of the Twenty-fifth Infantry '
while tin- latter was compelled to read
from his book "party loaders of the
time," wherein he speaks of tho
President, vice-president Fairbanks,
Senator Spooner and Senator Aid
rich.
A Lot of Broiling.
There were songs without "num?
ber, the President. Secretary Taft,
Secretary Shaw and Vice-president
Fairbanks lielnp identified with char?
acteristic melodies, which put every?
body In good humor. Throughout the
dinner there wore telephone conver?
sations held with unknown personag?
es in which opportunity was glvon to
gently broil the ?uests in the delicate
manner for which the club Is famous.
The following were among the
guests present: S-oretarles Hitch?
cock, Shaw, Taft and Wilson: United
States Senator Aldrich, Blackburn.
Crane. Fornkor, Honburn, Kittridgc,
Scott Sponner and Tlllman Ronreson
tativos Bahcock, Dawes. Usch Hill.
Grosvcnor. Lacey. Lit Inner. Louden
stager, LoWderi McCleary. Parsons.
Sherman. Sullivan. Tnwno Towns and
Weeks. Assistant Secretary State Ba?
con .John Barrett, Minister to Colum?
bia: B. B. Comer. Governor el *et of
Alabama; Lieutenant General Cc bin.
Chns. G. Dawes, Chlcaeo; Stuyvesnnl
Fish. New York; David R. F. Francis.
St. Louis; James R. Oarfleld, John
W. Gates. Now York; Frank N. Bark
dale. Pennsylvania railroad: Perry
Relmont. New York; H. It. Charlton,
Grand Trunk railway; John H. Ed?
wards, assistant secretary of the
treasnrv; Edward H. Harrimnn. pres?
ident Union Pacific railroad. William
IjOeh, secretary to the President:
Willis L. Moore, chief of tho weather
bureau- Paul Morton. New York; W.
D. Purdy, S??slsfnnt attorney general;
Theodore P. Shonts chnlrmnn Isth?
mian Cannl Commission; James Pev
er. New York: H. St. George Tucker,
nresldent of th* .Tamostow; Fxpasl
tlon nnd Timothy Woodruff, New
York.
LONE WOULD BE BANK
ROBBER COULDN'T GET AWAY
Secured $3>0 From Cashier of a
Great Bend, Kans.. Rank But
is 'Matured.
(Rv Assncint'l Press 1
I GRFAT BK.ND, KANS.. Dec. 8 ?
After attempting to rob the J. V.
Brinkain corrmany bank todny sin
glo handed, a man \ho gave his
inamp as George A. I>:wls, of Knn
' sag City, was surounded and cap
lured. Hud iWestrull, n drlvr for
the Wells Fargo Express company,
was killed by a shot llred by olio
of ibe pursuers,
Lewis walked into the bank a
Tew . luiuutes nfler It upunod todttj
and point In? a revolver at Cashier
A. 10. Taylor ordered blni to throw
up his bauds. In au Instant n
clerk dodged In the vault and act
oiT the burglar alarm. Taylor hand?
ed over $360 In bills and Lewis lied.
A crowd of men and boys soon
gave chase, ami aeelng himself be?
ing hemmed 111, the robber ran up
the Blairs of the Wells Fargo Ex?
press building. Locking himself In
a room on the second Hour ho
dotted arrest. Several shots wore
llred into the room In an attempt
to dislodge the robber. OllO bullet
strtiok ami Instantly killed Driver
West fall, who was In the express
office on the street lloor,
liiially after parleying for an:
hour with his pursuers. Lewis sur?
rendered and was taken to Jit It. The
money that had been handed over
to lewis was recovered. lie was
followed to the Jull by an exe.lle.l
crowd. Cries of "lynch him" were
frequently heard and B. W. Taylor
father of the hank cashier, attempt?
ed to attack him. He first said his
name was George A. Lewis of ICun?
nils City and then Hint It wbh
George West and that he had come
hdro from Chicago, He admitted
that he had not given his correct
name.
Nicholas Again Turns to Witt?.
ST. PETERSBURG. Dec. 8.--There
are strong Indications that the Czar
Ih tiring of his strong reactionary pol?
icy, and that the Count Witte will
again become a power, Petitions were
presented to the Gxnr recently asking
him not to receive Witte again. Nich?
olas was greatly angered by this In?
terference, ami he Immediately' Boiit
a special courier Inviting Witte to
lunch with him.
TWO HUNDRED LOST
Floating Mines rauses Horrible
Disaster OK Manchuria.
DEAD MOSTLY RUSSIAN TRADERS
Ship Destroyed Was the Varyagen
and She Went Down Two Minutes
After She Struck the Mine?Wild
Scenes Among Passengers.
VICTORIA. B. C. Dec. 8.?Two hun?
dred lives were lost In the destruction
of the Russian Btoamslllp Varyagen,
which was blown up by a floating
mine recently off Cape Manchuria,
according to pnsseii^erB from the
Orient who have Just arrived h?re
with accounts of the disaster. The
mine Is thought to have been adrift
Since the RiisHo-.lapauese war.
The Varyagen had three hundred
and fifty passengers on hoard, most
of whom worn Russian traders and
merchantmen. The steamer was pro?
ceeding tu a southerly direction, and
I when four miles off Cape Manchuria
I the forward watch saw the floating
.mine dead ahead. The Varyagen
veered from her course so that the
bow just missed the mine Just abaft
the port beam. There was a fearful
explosion and the Varyagen shivered I
from stem to stern.
Passengers rushed to the decks in
n panic. Life boats were manned,
but the vessel listed so that It was
Impossible to lower them hut on one
side (f the Ship. The explosion had
torn half the bottom from the Varya?
gen, and she immediately filled and
began to sink. Many passengers, un?
able to gel into the crowded lifeboats,
threw themselves in the sen. In less
than two minutes after the Varyagen I
had struck she sank. Chinese Junks
put off from the shore ami rescued
over a hundred passengers found
clinging to debris and floating In the
j water.
DEWEY WrWrTYOUNGER
MEN TO COMMAND SHIPS
He Makes a Significant Remark After
He Had Called on President
Roosevelt.
~ArT77i.v<JTON. D. C. Dec. 8 ?
"We want vounger men to command
j the ships of the navy." said Admiral
i Dowoy after an Interview with the
President today," and the only way to
[accomplish it Is to retire officers ear?
ly."
This 1? sought to be attained by the
enactment of the naval personnel bill
which the admiral discussed with the
President.
Luray Company to be Disbanded.
RICHMOND. Dec. 8 ?A general or
dor has been Issued by the Adjutant
General disbanding Company C. Sev?
enty-second Infantry at Luray, Va.
Another order appoints Colonel C. A.
Dempsey. United States army, retir
ed, who Is on duty with the organlz
ed mlllUn of this State, as acting In
' apeclor of small arms practice for fcf?
Commonwealth.
THE WEATHER.
Sunday fair and
warmer In southeast ?
portion. Monday fair
colder, light variable
winds.
PRICE TWO CENTS
MOODY TELLS OF
TRUST PROSECUTIONS
The Annual Report of the Attor?
ney General Makes Number
of Recommendations.
WHERE ANTI-TRUST LAW IS WEAK
Department Cannot Qo Far or Deep
Enough In Many of the Caa*W
Review of the Cases Which Have
Been Prosecuted By the. Govern?
ment.
territorial limits of
i. At . tho proBent
nllng on the docket
(By Associated Prosa.) f
WASHINGTON, Doc. 7.?In his an
nuul report Attorney Oonornl Moody
says among other thlugH:
During the your there hau boon fur?
ther ombttrritHsinonl to the udmlnlslru
tloit of justice In the Inability of tho
United Kinten to bringnn offuuder duly
charged by Indlclmont with an oltonso
against the United States to tho placi
appolnlud by (he Constitution for his
trial. The subject was fully discussed
In my annual report for 1905, und I
content myself with referring to that
report and renewing the recommen-,
dill ton then made for the enactment
of a law which will provide In sub?
stance that where an Indictment In
duly returned In a court, of the United
Stillos tho judge of that court muy,
after certifying thilt hu hns examined
the Indictment and Is of the opinion
that It seta forth a crime ngalnst the :
United Stuten, and arter (he district .
attorney Iiuh collided that In his Judg- jS
inont (here Is probnblu ciiuso to be- $i
lluve that (ho defendants are guilty, is- S
suo a bench warrant for tho urrost of ?
tho defendants wherever they may bo
round wllhln (he territorial limits of.
the Unllud StntCH.
lime there nro ponding,
of the Supremo QqmH. fourteen rip-.;,
iieals In cases oi" orders f??romoj[^ls*
for trial, -'?
Right of the United Stateo. '?'*?>;;$
I renew tho rccommondntion made
in my hiHt annual report for the eh- '
nctment or n law giving to the United
States the right of appeal upon rpiQB
lions of law In criminal ciihob, with the
proviso tliut a verdict of acquitul upon
(lie merits shall not he set side. The ?
Congress has passed such a law for ?
District of Columbia and It Is tho law
or may or the states. Within the year ,
there have been several Instances
showing the great public necessity fcr
the enactment of such a law. The .In?
dictment against the beef packers, re?
turned by the grand Jury after many
mouths of deliberation as tho' result. ?
of Investigations which had boon made
throughout the country by tho Depart?
ment of Justice, .was rendered practi?
cally useless by the ruling of the Judge
not relating to tho merits of the cane,
the correctness of which the depart
men! would have been vory ;;lad ? to
have placed undo.- the review of the
npnelnto court.
The act approved Juno I. 189>,
which provided lor* the nmlcnbl? set
tlemont of controversies betwoon ciiV
rlcrs ami their employees, In the tenth
section, made it a penal offensu for. a
barrier to discriminate against any
of Its employees on account of his
membership In a labor organization or
to nttempt to prevent him from ob?
taining employment alter his dts
charge.
A demurrer to an indictment under
i Iii., section has been sustained re?
cently by a district judge on the
fround that the section Is unconstitu?
tional. I3ven a United States com?
missioner hns made tho same decision.
It is monstrous that a law which hits
received the assent of the Senate, the
House or Representatives, and the
President can be nullified by tho
opinion of a single man, not subject
to review by the court of appeals and
the Supreme Court. *
A bill providing for an appeal has
passed the House of Representatives
and has been favorably reportod In the
Senate. If It speedily becomes a law,
many lamentable miscarriages of Jus?
tice may be prevented. Not only the
public interest.-i will be promoted, but
even the Interests of the defendants
themselves. It Is the frequent, If niqt
the usual practise of judges sitting jat'
nist prliis, to rule doubtful questions
of lnw in favor of the government, for
Hie very reason that the defendant has
the right of appeal while the govern?
ment has not, although there would be
no necessity for this commendable
practise if each party had the ,r!g[pt
of appeal. Moreover, an appeal from
a ruling upon a demurrer to an in
dlctmcnt might often settle tbfe only
real question in dispute between the
part ten without the delay and expense
of a trial of the facts and such a nil
Ing might be much more readily made
if both parties had the right of ap?
peal.
In the customs administrative act o
June 10. 1890. (26 Stats., 131), It m
provided in section 15 that the deofs
ion of the. circuit court in custom
cases should bo final, "unless Buch
court shall be of opinion that the qisds
(Contlnued on Page Five.)