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The Washington times. [volume] (Washington [D.C.]) 1902-1939, February 07, 1905, Evening, Image 1

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r Fair an and d cold ton ight igh H t t I I ITHE 4 THE GREAT BUYING BlJYlf PUB ¬ f
I Tomorrow Min Mihih1umt Min1rnumthmpe1TtWe12 imum temperature cloudy mperature12 12 ° 1 or ft I ad J fl tng t OU ° 1lJ tm t 4 I IL1C L1C L1CISREAclmDDAlLY THRQUqH THRQUOH LICIS c ISREAclmDDAlLY REACTED THE TIMES TIMESJ DAILY J
Attorney Shearn Lays
Down His H is Plan of
Attack A tta ek
4 Trust Arra igne d as a Con ¬
spiracy spii acy to Throttle Thro ttle
Argument At Atgument gument before the Interstate Com ¬
merce Commission was begun this morn ¬
ing ingln In the the anthracite coal roads case cas
Counsel representing the accused coal
and transpor trlI trixsporatiOfl spo ration companies and Wil ¬
liam R Hearst 1eart the appellant were pre ¬
pared for the three or four days dd d y which
will be consumed in presen presenting ting Ing to the
commission comm IssIon the various arious aspects of this
manysided controversy c
Clarence Cl re nce J Shearn Mr Hearsts coun coun ¬
Eel sd was the first to take the floor flo r There
were about two dozen lawyers on hand
to hear his exposition of the evidence
adduced adduced in the hearings which the com om ¬
mission began holding more thama than n year
The Paramount Issues
Three paramount propositions were
laid down by Mr llrShearn Shearn as the issue
which make the th complainants case
They were were as follows
First FirstThat That Thatiixof six ix of the respondent
compan ies the Lehigh Valley Valle the Dela ¬
ware Lackawanna Lacknwannaand and Western Cen ¬
tra tml l Railroad of New Jersey New York
Susque Susquehauna hanna and a d Western Erie and
the Philadelphia and Reading Railway Ranw
Com Company pany are parties to an illegal pool ¬
ing contract contractor or arrangement whereby whereb
interstate freight traffic and conse ¬
quently the earnings thereof are divid ¬
ed d among them in agreed proportions in
violation of Section a 5 of the act to reg ¬
ulate commerce
Second SecondThat That these six companies
together with the New York Ontario
and Western Railway Company and
the Pennsylvania Railroad Company
by means of a device embodied embodiedlnthe embodiedln in the
operation of certain certaIn contracts contr cts in ineftec1 effect
fixing xrn the U transportation transport tion rate On nan n an ¬
thrace thrac ge coal from rom the mines mf es to tQte tij3e
wate wv e1 and other O ther interstate jnt r tate points
claimed to be e and andcommonlIs commonly Is Is 1e Te r
ferfed fen ferredtQ l to tQ lntl118 in this case a coal purchase
contracts co n tr ac tsde departed pa rt edfr from Om the published publiSh Cd
tariff charges and unjustly and unlaw ¬
fully discrim inated against noncon ¬
tract shippers of coal
The Third Count
Third ThirdThat That the published tariff
rates of these eight companies from
the anthracite coal fields to tidewater
points Baltimore Ba timore Washington and
New England points are unreasonably
high inherently irtherei1tl and do not bear a fair
and reasonable relation to the ante ¬
cedent cost of the traffic delivered for
transportation or in other words to the
commercial value of the freight
Before talcing up the testimony in
detail supporting the three main
charges Mr MrShearn Shearn discussed In a gen ¬
era way the coal field with its annual
output of 60000000 tons with a value alue
at the mines n inesof of 112000000 which ex ¬
ceeds In value all nonmetallic products
of the country countriexcept country except bituminous coal
The market for this coal he said lies
within an average distance distanc of 175
miles and is of tremendous wealth in ¬
cluding the great cities of New York
and Philadelphia and hundreds of
smaller cities and towns
Importance of Traffic
He declared that in view of the Ines ¬
timable importance of the fuel to the
market depending on it the law should
be scrupulously observed In all branches
of the th Industry not only in letter but in
snirit and there should be a rigorous
abstention from all secret machina ¬
tions calculated to substitute artificial
conditions for natural conditions and
above all calculated to transform this
vast quasipublic business into a monop ¬
oly with any an of the grinding and op ¬
pressive pres iYe features that are the inevitable
accompaniments of monopoly
After discussing the power of the
commission to correct such evils as may
have grown up in the anthracite trade
Mr Shearn undertook a lengthy treat ¬
ment of normal competitive conditions
which hleh should exist eJdstamong among the railroads
if they obey the the law He said all the
railroads taUroa s have practically the same
facilities > s for handling coal with prac ¬
tically the th same mileage from anthra ¬
cite region to tidewater From this nor ¬
mal condition he said they squght to
transform tram orm the th rate from a level calculat ¬
ed to catch as much business as possible l > ossible
for each road at a low rate of oCproflt profit roflt to
a weapon of strength and a source of
untold cower
Own Source of Supply
This problem they solved by railroad
ownership of the source of supply and
railroad production and control over the
commodity for the transportation of
which they must otherwise compete
The legal obstacle in the way of this
plan a constitutional prohibition in
Pennsylvania preventing carrier com
panics from engaging in mining was
surmounted aurmount > d by the Incorporation of sep
arate companies for the operation of th the <
mines the stock of which was ownec owned
by the railroads By B this mere fiction
of law said the speaker this device
of a aseparnte separate corporate entity entit these
respondent railroads have acquired con
trol of over 96 9 per cent of all the un
mined anthracite coal In the State 01 of
Pennsylvania and an own outr ight 91 per
cent of it IL
In support of this charge Mr Shearn
brought forward the cases of the va ¬
rious contritautary > coal < onl companies am
coal and Iron companies the stocks o
which arc owned by b the coal
roads In ever every y case the coal company
has for its president the president of the
railroad and Identical controlling direc ¬
tors or employes of the latter company
He quoted quot > d from the thetesUmony testimony of Presi ¬
dent George F Baer Ba r of the Philadel ¬
phia and Reading RcndmgCoal Coal and Iron Com ¬
pany and the Philadelphia and Reading
Railroad Company to prove pr e the th owner ¬
ship h1p of the former by the latter
said ald this was a typical instance
Among the lawyftK laWy fV present esent during Mr
Shearns argument this morning
Judge J D Campbell Philadelphia ant
Reading Robert Rob rt W V DeForest
Railway of New Jersey George F
Brownell BrownelJandAdelbert and Adelbert Moot Erie
Walter W V Rose Delaware Lackawan
na and Western Lewis Carr De laware
and Hudson John T Kerr New New York
Ontario and Western Western and Francis J
Qowen Lehigh Valley Valiey y
Kaiser Advises Czar tc to
Make Terms With
Government Control of Tele ¬
graph May In dicate Non
Pursuance of War
LONDON Feb 7 7Reports Reports from ai all
continental capitals support the belief
that peace in the Far East Is an aneurl early
It is understood that the Russian gov ¬
ernments control of the theS Siberian bertan tele
graph wires is partly due to the unreal unrest
among the railway rai1waywor workers kers but is also
and more especially due to the pressure
of urgent messages to Kuropatkin
What these messages are a is not
known It is thought they have have an im ¬
portant bearing bear ingon on Iheque the question stIonof of the
further pursuance lJUr5uance or nonpursuance oi of
the war
Kaiser Advises Peace
It is further stated this morning m rnlng that
Kaiser William Vlll1amof of Germany Germa ny has ad ¬
vised the Czar to arrange for a a settle ¬
ment of the differences between his
country cou ntry and Japan In view of the many
troubles which now assail Russia ai at
every eYer point at home
One of the most hopeful signs in Rus ¬
sia itself Is the growth of sentiment
for peace
It has long been known that the grea great
mass of the Russian people are oppose opposed
to the theconttnuance continuance of the fight This
sentiment has now taken hold on Rus ¬
sian officialdom
It Is stated on good authority that
many of the Russian government offi ¬
dais c1al are strongly inclining to the belief
that peace is by far the great necessitv necessity
of the hour
i Grand Dukes Favor It
l il The St Petersburg PetersburgcorreSporicIent correspondent oi of
the Chronicle e asserts asse rts that t 11 at Grlpenbergj
I reverse and the th apparent impossibility
of gaining a a victory over the Japanese
have caused the grand ducal party to tt
review the thesituatJon situation with Ith the result result
that it has decided in inavorofpe3c favor of ofpeee peace
The nnno announcement ncement that Kuropatkii
might be recalled was w wa real rC41Y Jy started ir in
order that Iiat negotiations to terminate th the <
war might be facilitated
To Insure Favorable Terms
The Th correspondent cortespbndent5aY3he says he know knows
that Russian representatives in Paris
have been instructed to take whatever
steps they deem advIsableto5Cl advisable to toscare sect re th the
good will of Great Britain with th the <
object of obtaining the most mostfavorable favorable <
terms from Japan
Count Benckendorff the Russian Am
bassador at London was in St Peters ¬
burg last week in connection with tlv tt th
situation and he was similarly in ¬
structed >
For the first time since the war corn
menced the Russian government on
Monday lIonda stopped overland telegraphIc
communication with the Far East
Government Controls Wires
Ship owners who telegraphed to Vladi
vostok making inquiries concerning
steamers had their messages returned
marked Wires under the control o
the Russian government
The lines affected are the Great North
gi ern em Com Companys panys p n nf f by y way of O Siberia i ib ii b a ane and
i r
Manchuria n It is I stated S d that h no mpp
sages for the East have been transmJ
ted by this line from St Petersburg
several hours
War in Far East Began
One Year Ago Sunday Sun
TOKYO Feb 7 7Sunday Sunday according t t
the Japanese view began the secon <
year of the war
It was on on February 5 1904 that th
Japanese government governmel t decided to
off negotiations n otfat1ons with Russia Rus sia and in
structed Minister Kurino at St Peters
burg to inform the Russian
that that had been done
At a meeting of the council of minis
ters the Mikado presiding Admiral To
gos plans for the naval defense of Ja
pan against the forthcoming attack o
Continued on Second Page
The Atlantic coast storm of
morning has passed northeastward ti
Nova Scotia and increased somewhat ii
intensity It has been attended b
high shifting winds along the New Eng
land coast and snow over the
portion of the middle Atlantic States
the lower lake region and New England
The western area area of high pressure am
cold weather is drifting slowly east
ward its crest this morning being
Lake Michigan
Pressure continues low in the
Southwest also In the British North
Rain has fallen in the Gulf States
snow or rain in the southern Rock
mountain region and the southern slope
It Is considerably colder in the
region and middle Mississippi valley
and decidedly warmer in the MIssout
valley and over the eastern slope of th <
Rocky mountains
Fa ir weather is indicated for all poi ¬
tions tto ns of the Washington forecast dis
trict except the south Atlantic and
Gulf States where rain is probable
It will be somewhat colder tonight tonl ht Ii
the middle Atlantic States Warmo
weather Is indicated for Wednesday
the Ohio valley and lower lake region
9 ilam a m 2
1U 1 noon 2
1 1p p m 2
9 9am a m J
12 1 noon o 2
1 lpm p m 3
Sun sets today toda
Sun rises tomorrow 7i
Low tide today 443 pm
High tld tide today 1025 pm
Low tide tomorrow tomorrow501 501 am 522 pm Ill
High tide tomorrow1049 tomorrow 1049 am 1102 pm
7 i
s 14t 14tt t
n 2Yh i41ijk
I T Ts s Any AnyArgument Argument for Vestibu les Nt Nte Nee e de d
Veteran Maine Eepublican n
Expires at atElorne Home
Occupied This Position for Twenty
Years YearsAttendedrIany YearsAttended Attended Many National
Convention s
AUGUSTA Me Feb 7 7Hon Hon Joseph J seph
H Manley leading Republican n of this
Btate and well known throughout thro ugholt the
country was found dead in bed h d at his his
home hO e here this morning Ho IIt was fcixty fxty
three years of age I
I Joseph Homan Manley was born in
Bangor Me on October October13 13 1SI2 He Ie re ¬
ceived his 1111 education in the Little Blue I
Abbott Academy o of Farmington Me
I and was graduated gra uated from that institu ¬
tion in 1S5S Four years j ars later he received I
t I his diploma from the Albany Law
School State Senator Manley Manle was for twenty
years chairman of the Republican State
committee He was treasurer of the
Augusta Water Works Company was
president of the Augusta Savings Bank
and was a director dlrcct r of the First Na ¬
tional Bank the Kennebec Light and a d
Heat Company the Edwards Manufac Man fac ¬
turing Company the Maine Central
railroad the Knox and Lincoln railroad
and the Portland Mt Desert and Ma la
chias Steamboat Company
He was a a delegate to the Republican Republican
national natlon l conventions of BiG 1SSO 3BS4 SI
18S8 ss and 1900 9tP and was always a conspic ¬
uous figure at these gatherings He
was a member of the Republican na ¬
tional committee and of the executive
committee He served In the Maine
legislature in 18S7 18SS 18S9 1890 18 1SS9 1900
an d 1901 when wh < n he became speaker of
the housE He was elected to the State
senate in 1903
Legation Will Be Provided With Mag ¬
I nificent ni cent Furnishings by Bachelor
Diplomat Morteza Khan
Great preparations are being made at
the legation of Persia for the arrival
of the new Persian minister Gen Mor
teza Khan who is expected xpec ted to reach
here early arly next week
I The new nc v min ister is a r ric ic h bachelor
and lavish in his tastes The legation
will be gorgeously fitted up to suit him
A A large quantity of rich draperies car car ar ¬
t pets and expensive ornaments the per p1 p1r r
sonrJ son l possessions of Gen Morteza lortezaKhan Khan
r have already aheac1 reached the Washington T ashington
1 homo It Is said that the new minister
has many examples > of o Persian art of f ex ¬
traordinary value yalu
1 OrIginally General Iorteza was a page
In the royal palace at Teheran He Is of
I a a noble nob e line
His HI father was the first rst man to to in ¬
troduce trfKlt ice European ideas into the Persian
court published the first newspaper
t thert and introduced the fashion In
0 P Persia > rsla of drinking tea from a samovar
I NORFOLK vu H FU h 7 7Florenco Florence
Lasslter eight years old of ScoUsville
was burned to death while heating n iilk Jk
on a kitchen kIt hen stove Her mother and
Piste sister r were wer badly burned attempting to
save ave her
l111l1WV Imptpvernent ement ComiSSlow C0111 CoiuigS1 RgSI < nv w
ly oh on Mt Ve 949
GR o
Attorne Attorney y for Commuters Association
Gives His is Views on the Situation
Better Be tter Times Ahead
W v A MT V R R R H i
Anot her jheatcr heater was Installed on one
of the trains tr im today toda No windows
were broken 1H oken in the therush rush for seats se ts on
the Departmental Dep rtmental Special yesterday
afternoon Commuters are hopeful
Leo P Harlow attorney for the Com ¬
muters Protective Association of
Alexandria reports this morning a I
slight improvement in conditions on
the Washington Alexandria and Mt
Vernon Electric Railway cars Whilu Vhlh
the service is not by any ah means what
It should be some evidence Is being
shown on the part of the officials of
the road to accede to the demands of
Its patrons which have been given
widespread publicity through the col ¬
umns of The Washington Times
I came to Washington on the car
due to leave Alexandria at 830 oclock
this morning said Mr Harloxv Harlo to a
Times reporter which u did not leave
until 852 by h the way wa and there was
some improvement to be noted The
trailer was warm but the motor car
was as as cold as a barn
Six Heaters for TwentyOne Cars
U UAt At S the hearing we had it was
brought out that the company had ap ¬
paratus to heat heatbut but five cars whle hle they
use ten motors and eleven trailers on I
the road It was also shown that these
five heaters have laid in the barns
since November 1 1 The railroad offi ¬ I Isince
daIs have promised to put these heat ¬
ers In as quickly as possible with the
men they have at a t their command to do
the work and also to procure heaters
for the additional six cars as soon as
they the can
u ui ucannot 1 i cannot say too much for the bene ¬
fit we have derived from the attitude
of The Times Timeson on this question Through
the columns of f The Times we have
reached many persons we could not
have reached without Its valuable aid
All the support we get from The Times
is most gratefully received and I feel
confident that with this paper at our
backs we will in the end get the
service we are entitled to
Paymaster G General IT l L T F B Harris r
chip chief of the Bureau of Supplies and Ac ¬
counts coun t8 has been paid the unusual com ¬
pliment of being asked to remain In
offic office office e by b the Secretary of the Navy de ¬
spite the th fact that his statutory retire reUr
ment will occur on March 10 next
It Is the th c departments d > partm > nts wish that he h c re ¬
I main at the head of the bureau for f r at
least a year vcar a fter that date dat in recogni ¬
lion of his excellent administration
Dr Bird District t Chemist ce has not
I completed his investigation of the con ¬
tents of the stomach of Dr James James A
Freer whose body was found at the
Willows lIIows on the Tenleytown renlt town road rondo o near
the District line at noon Sunday Sunda
It is said the investigation will vill re ¬
quire some time
I Public Speakers S penl rR use us WHOS PlS os Cure cu re to strength ¬
1 I en the voice and prevent hoarseness honrsenessAdv Adv
> c
asJ J Thompson Thon1p on Ends
Life 1 ifebY by Hanging nging
tJ t ts s
ess Body BodyFound Found by Son in Kitchen
at Early Hour Horof of the th
Threatened with eviction and in 1a a
straightened financial condition condi tion Thomas Thom a
J I Thompson a watchmaker watchmakerixtyfo iixtyfour ur
years old oldcOIlIIltt committed d suicide at his
horn home e 1235 I street northeast nor hclst some orne time
this morning by hanging himself from
a a waterplpe in the kitchen Rigid and
lifeless the body was found by his son
Lloyd shortly after after4 4 oclock elock this morn ¬
ing A new sash cord was wound
around his neck and the hea5 hea had al ¬
most been severed from the body bod Cor r ¬
oner Nevitt viewed the remains and
gave a certificate of death by suicide
Born BornJn In England Thompson a watch ¬
maker by b trade came to America and
started in business bU5me s About ten years
ago he met with ith reverses and moved to
the Northeast section of Washington
whe where r he lived until his death He had
a small watchmaking establishment in
Rockvllle Md and when his business
was prospering he went to that town
every day returning to his home in I
street at night
Sight and Business Failed
About six months ago his sight began
failing him and his work was not as a
good ood as in former days His business
fell off and he got behind in his rent
Unable to pay the money mone he remained
at home and brooded over his lot He
is said by Coroner Nevitt to have at ¬
tempted t mpted suicide on several previous oc ¬
casions by hanging
At 12 oclock last Ia t night his wife and
children retired re ti red His wife asked aslw him
to go to bed but he said he was not
fooling well and preferred remaining
in the kitchen About 1 oclock clock Mrs Irs
Thompson went to her son Lloyd Llo d and
told him she had a presentiment that
all was not right with her husband
The Th son went to the kitchen where he
found the lifeless body of his father
Made Sure of Death
The watchmaker had purchased about
twenty feet of sash cord and cut of off
enough to make a noose with which to
hang han himself The remainder he tossed
under the stove He then stepped upon
a small chair and ttcnce to a table
Fastening Ias ening the end or of the rope on to
tie pipes pipe lendIng from the stove to the th
hot water boiler he stepped off the
chnir kicked it from under him and
then th ll > drtw his knees up near his chin
It was In this position that he was wa
found br b the son
Probably Took a Drug
Dr L D Walter who attended
Thompson for various ills throughout
the past ten years said he recently
straightened l out a financial matter for
Thompson The mans health vas as good
but his sight was impaired From the
appearances of toe body Dr Walter alter
was of the Impression that Mr Thomp ¬
son had taken a drug of some sort to
deaden the pain The neck was not
broken death having resulted from
The papers in the case of Augustus
Shaffer who is condemned to be hanged
next Friday Frida were sent o Attorney
I General Moody lloo this morning mornln Shaffer is
asking for life imprisonment Instead ol o
the death sentence
Attorney Attorne General Moody stated today
that It would woul likely not be necessary m CSHary
for him to look into the papers as the
President President naa had agreed agreed to to hear near personally persloally
this afternoon Henry He lJ B Davis Shaf ¬
fers attorney
Stella Yates and Theodore Fisher Found
4 jpEaoh in fl Each ch Others Embrace Embr c Eachfe EachfeHav Eacn f J1av Hav
in g gMottal Mortal Wounds Woun ds
Coroner Q Coroner rone r Nevitt evittWit Withholds 1 holdsHis His Gertif Certificate icate c Fe Un
j tilAftyra til After a Thorou ThoroughP gh Police lice l l1v 1nvesti n 1v sti s ti
gabion g gtion tio117 tio117SeveraI SeveraI Theories
Clasped tightly ti tiglitlyinthe ht1yin in > the arms of o f Stella
Yates a handsome brunette twenty
four years earsold old who was cold In death
as the result of a bullet wound in her
heart the lifeless form of Theodore
Fisher a bartender bartenderthlrtyfive thirtyfive years ears
old was wasfQund found by a sister sist r of the
young oungwoman woman about 10 oclock this
morning m rningat at 1018 Jwelfthsteet Twelfth street south ¬
eas t L
The Th mans death deathrc resulted sutcdfrom from a 22 I IThe
caliber bullet wound ou nd in his left eye the I
leaden missile mssileevidentJY evidently having pene ¬
trate tr tratati t d his brain I
Whether W lether Fisher first killed the wom wornI ¬ I
an and then turned the weapon on him ¬
self se lf or the woman first killed the man
in a scuffle and then shot shot herself herselfis is a
matter ti itter of conjecture
Withholds Certificate
Coroner Nevitt who whovlslted visited the scene
o of the th double tragedy tragedyand and made an i
h investigation estigation lasting several s veral hours hO lrs has
not yet et g given iven Jll his certificate He said it
would be b withheld until un til a searching
police investigation n had been b enconcluded concluded
It is believed that subsequent develop ¬
merits mntsmay may lead to a solution of the
mystery n 1stery surrounding surr undlng the death deathof death of the
two persons
Many theorleS theorleSf theorleSas f as s to how h9w the tragedy
occurred hayp been l3eena advanced anced ancedLl1 jiie Ll1 ne
strongest P y tseen iseeniS seems s to be the heme one
whi which h pouTurtu porqur T lrurder A 1 Murder bythe by the woman I
and her suicide The ownership oWners IpQfthe of the I
pistol which was as found lying on the floor
besi beside e the bodies is relied upon to fur ur ¬
nlshn nish a solution u1ut1on of the doubly double killing
Ijnpenetirable InHenttr le mystery m mste ste surrounds even even
t tlliiUptr 1Jr ft fti i tpl lpi the 2 enactment c epacpji c of o the tras I
cdy in the little framclIouse frame house which is 1
one n of a row in in an isolated portion of f
the extreme xtremesolit1f southeast ast section seetIonQf of tfee tl
city Since last Thursday neither Ihsher Fl Pa her er
nor th the woman woman who have for more
i than a year lived as husband and wife wife
i had been seen s cn by th the neighbors neIgh ors
I Dr Nevitt however is not of the
I Iopinion opinion that thatthey they the died on that day
Time af Death Uncertain Uncert in
i iFrom From the appearance appearan e of the oodles o dles ha h
I II is inclined to believe that the lives of
I the two persons had been extinct about a out
fortyeight hours J pnorto pr r ipr to the time t me
i they were found fQlDd by Miss IIss Blanche Jack ¬
son sister of the dead woman
Coroner Nevitt said that the extreme
cold of the past few fe w days might have hay
been be njnstrum instrumental nt l in keeping the th bodies
in their present state of preservation
This fact makes It doubly difficult to
determine when wh n they came to their
Will Remain at Morgue Mor e
Pending the issuance of the certificate
by the coroner roner the bodies will remain rema in
in the morgue where they were re ¬
moved from rpm the Twelfth Tweltthstreet street House
about bout 1 oclock this afternoon
Police PoUccf of the theFifth Fifth precinct pICciJ1ctyln in whose
jurisdic jurisdiction tlon the tragedy tragedYOccuqed occurred as is ¬
certained that the dead woman had a a
mother and andtwc two sisters living In in th the
same sa1D neighborhood l ei hbQrhood and her husband
Robert iates ates with whom whom she he had not
lived HV d for two years ear is a blacksmith blacksmith with
a shop sh p at Thirtysecond Thrtys condandK and K streets
Fisher Flsh rwhowas who was employed at Reagans eaga aagais s
saloph snlooi 1 j Tenth Tenthtmd tind B streets gtreetfnorlhw northwest t
hms hpst Woth ifiothOx r a1d ant i se avLirtbfirs raLbrnth rB
> c
Stern O4v QfFYi I > Justice Jr If a 11 O z fi Wss rp Ci Cillt Clutches TlTiif fWViCO llt hes ti P >
Machen M achen an and d d the Gro Groffs ffs
Given into Custody by Their Bondsmen on smen
Brought in Court on Demand DemandS S 7 A
Groff Critically III III
August W v Machen Diller BGrCtf B Greff
and Samuel A Groff Gr Grdff dff convicted of con ¬ 1
spiracy to defraud the Government were
today toda surrendered to the United States I
Marshal of the District and very ery prob ¬
ably will be sent to the Moundsville
penitentiary this afternoon
Machen and Diller B Groff were at
1030 oclock o clock given Into the custody cu > tod of f
James Springmann a deputy d puty marshal
who turned the key ke on them In them in in
the basement of the City Hall
A Lunch Party
Machens two brothers and Groffs
two sons ate lunch with them in the
1 cell and remained with them until they the
were removed to the District Jail j Il
Diller B Groff declined to discuss th the >
situation or the circumstances which
led to his Incarceration
Machen howe howeer ger r while refusing to
discuss particul particulfs s said I Idiscuss
U UT I have made the best fight that I
could but now that I have to face the
Inevitable I will do so bravely
He said he had nothing against news ¬
papers or newspaper men hut de
nounccd as a a malicious lie the si 3 lement ement I
published In a local afternoon paper paperYcstenhn
yesterday that he had endeavored to j
procure procure a Pullman car to take taken a party p rt
of his relatives rel tiyCs and friends with him to I
make jolly his trip to the penitentiary
Machen I < chen in Good Spirits
I He seemed in good spirits under the
I circumstances and said that he be i
lievcrt that he would wo ld survive the sen
1 When hen asked how much his tr ial had
cost him he said he wouldnt like to say
other than to state that it left him
nearly narl iienniless
When it was decided decl ed that tha Sasnuol S ul 1 A
Groff should be surrendered by b his
bondsmen whateve r his physic physial al condi 1n1i ¬
tion may ma be two or three of his friends
went to his home at COS North Carolina
avenue southeast placed him in a car ¬
riage and took him to the City CIt Halt
The Th party arrived a there at 1146 oclock
District Attorney Beach was notified
After Aft r a brief conference it was decided
that the jail physician ph > sieian Dr Shute
should be sent for and also Mr Groffs
physician and they would determine
whether wlt thcr or not he should be removed
from the District
Hangs on Decision
Their decision will determine whether
or not Mr Groff will be turned over
I to the custody oustod of the warden of the
I jail jai 1
Because of an operation which Dr
I Shute is h wrforming at the jaIl it is
probable that t tiiltt mt it will be late this after ¬
noon before he will have an opportunity
to consult with Mr Groffs physicIan
George E F I Lorenz oronz who was convicted coni ted
with Machen and the Groffs Is reported report d
II 11 at his home in Toledo Ohio
I His brother who Is in Washington nsh1nton
I said today that l Lorenz brenz renz is In 1 n no condi C ondI ¬
I tion to br > removed from his home
He says sn his brother is suffering suif ering from
an abscess in his is u umi middle mi dle car ar
I When the Court of Appeals convened
at 10 a m District DI trict Attorney Beach
stated he had a copy of the ordtr ord r of the
I United States Suoreme Court denying
I the petition p ltion of Machen Lorenz Groff
1 I for a writ of certiorari Miv Mr Beach
I then moved that the th mandate mal1l1a c of the
c O
Court Courtofppeals of Appeals which affirmed the
judgment of the trial court be sent to
the Supreme Court of the District
Chief Justice ShepardafV Sh pard tth the Court of
Appeals directed the mandate to issue
Within ten minutes after the order wa was s
made the mandate was in the hands
of ol Frank W Y Smith Smithclerltof clerk of Criminal
Division N NQ < x 1 of the District Supreme
Court where the defendants had been
Machen Agives Arrives
Five minutes later August W Y o Machen
accompanied by b his bondsmen O < X G GK
Staples and David L Moore Ioore entered
the marshals office just across the cor ¬
ridor from Criminal Court Nd No1 1
It was not nothow however ver until 1050 a m
that Diller B B Groff put in his appear ¬
ance For an hour or more however
he had been writing at the office of his
counsel Samuel SamuellIaddox Maddox
Diller B B Groff joined Mr Machen lIIachenin in
the marshals office and an d there they theyrc re ¬
mained until about 1110 oclock when
being finally and formally delivered up
by their bondsmen bonch > men they were given in
custody custod to Deputy United lT nited States Mar rar ¬
shal James Springman and locked In
the prison cell in the basement of the
City Hall
The counsel of the two unfortunate
men accompanied them to f the door of
the cell and then took leave of them
While hile all this was taking place
crowd of spectators pe tators which kept con ¬
stantly stantl increasing waited the arrival of
Samuel A Groff who though reported rcporte
Hi was momentarily expected expect d to put in
his appearance
Samuel A GroG ± HI
At 1030 10 a m Samuel Maddox r ddox counnal coun l
for the Groffs Grot met District Attorney
Beach in the marshals office and in ¬
formed him that Samuel A Groff was in
a cr itica l lconditlon condition and his removal
would endanger his hislife life
Mr Beach Insisted that he be sur ¬
I rendered by his bondsmen otherwlt
he would ask that an attachment be is i11 ¬
sued to take t ke him int intcustody intr = > custody
Mr Mafhlox tEadt H1t10X iox then exhibited certificates
I of Drs P H Steltz and L D Wilson
to the effect that Samuel A Groffs
I physical > h sIcul corditlcn Is such as to make
it unadvisa ble to toremoe remove him from rom hi hIs
H W WBcftch Beach insisted that the de de ¬
fendant must be surrendered surr l1dered forthwith
or he would issue an attachment for
Court Is Invoked
Mr Maddox decided to call the mat ¬
ter to the attfcnticn of the court anfi an
I at 11 oclock cloOk = stated state d to Justice Wright In
Criminal Court No 1 that his client
Samuel A A Groff was ill and unable to
leave his home In support uPPolJhe he offered
the certificates certific itc of two physicians
I He then explained Mr Ir Beach had In ¬
sisted slstedon on the defendant being produced
in court no matter what happens
If Mr Beach wants to kill Mr Groff
Mr Maddox Iad ox continued he might a as
t well take a gun and go to his home hom
I and do so at once
Mr Beach said saI counsel for Groff Gr ff wan
I cognizant for some time of the pro ¬
ceedings nr arranged ranged for today Even yes y
I ttrday Mr 11 Beach said sal i A Groffs Groff rots
son had aslccd him what clothes clotheshl his hI
father could ta1c take with Uh him
It seems to tome me said Mr Beach Beac h it
Is a vcry very sudden attack of illness I In ¬
sist ist that the defendant be surrendered

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