The Birmingham age-herald. [volume], September 27, 1913, Page 14, Image 14

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
FIVE VESSELS ARE
CAUGHTIN THE ICE
One Schooner Total Wreck
on Shore Off Port
Barrow
Nome. Alaska, September 26.—The four
masted schooner Transit is a total wreck
on the shore off Point Barrow, where
she was driven by the ice ami five other
vessels are imprisoned in the ice in the
same neighborhood. Captain J. B. Back
land. owner and navigator of the Transit,
and his crew of seven are on their way
to Nome in a launch.
The old whaler Karluk, hearing Vilh
jalmur Stefansson, is the only vessel of
the Canadian explorers fleet to clear the
ice and make winter quartets. The pow
er schooners, Mary Sachs and Alaska, and
the steam whaler Belvedere, hearing part
of the explorers’ outfit are fast in the
ice. The other ice bound vessels are the
power schooners North Star and Polar
Bear.
While the five imprisoned vessels are
in danger of1 meeting the safe fate as the
Transit, no fear is felt for the safety of
those on board, as it would be easy to
leave at any time over the ice.
Sulzer Asked Contributors
to His Campaign Fund to
.Commit Perjury for Him
(Continued from Page One)
Baum and Judge Lewis J. Conlan. ail
of New York, testified that they had
contributed checks or cash ranging from
$100 to $1000, none of which was men
tioned in the governor’s sworn statement’
of campaign contributions.
Counsel for the defense fought des
perately to gain from each witness testi
mony that he had made the gift not for
the purpose of helping the governor in
his political contest, but to aid him per
sonally.
“Didn’t you give this check because
you knew that the governor was in an
impecunious condition?"
“Didn’t you know the governor was
hard up?’’
"Didn’t you give this to him to help
him out of the difficulty?”
These wrere the questions by which
Judge Herrick sought to obtain from
the witnesses admission that they had
placed no restrictions on their con
tributions.
The questions twice precipitated n
heated dispute as to the admissability
of any evidence tending to show the
intentions of the donors. The result
was that the objection of counsel for
the prosecution to admitting the evi
dence was twice overruled by a vote
of the court, which was In keeping with
opinions previously rendered by Presid
ing Judge Cullen. Croker, Dr. Cox,
Judge Conlan and Brady all testified
that their contributions had been given
to the governor for other purposes than
campaign expenses if he wished so to
use them.
DISCUSSED SULZER’S
FINANCIAL AFFAIRS
Brady testified that he and Judge
Conlan and other contributors to the
fund had discussed the question of the
governor’s financial affairs at the Man
hattan club in New York.
“Did you talk about the necessity
cff doing something to help him be
cause of his financial condition?” asked
Judge Herrick.
“Yes; we did,” said Brady.
Gwathmey, on the other hand, pro
duced a letter he had sent to the gov
ernor which read:
“Enclosed please find $ino, which I
Wish you would hand to the people
who are conducting your personal cam
paign, as l wish this money to he de
voted to that cause alone.”
The prosecution brought in today the
first evidence to support the charges
that the governor used some of his
campaign funds to speculate in Wall
street. Phillip Boyer, head of the Now
York stock exchange firm of Boyer."
Griswold & Co., and two of’ his em
ployes testified to the purchase by Col
well of $12,000 worth of Big Four
Btock, which was paid for by seven
checks given Sulzer, his own personal
check for $900 and $7125 in cash. These
checks were those of Theodore Meyers.
John Lynn. Lyman A. Spaulding, Ed
ward F. O'Dwyer, John W. Cox, tin?
Frank W. Strauss company and John
T. Dooling.
Wants Liberal Ruling
Senator Duhamol of Brooklyn, elected
on an independence league ticket, asked
during the argument for a liberal ruling
by the presiding judge of techinical legal
questions.
‘‘On behalf of the laymen of this court,*’
he saiit, *'J ask a liberal ‘ruling on all
questions. And in making this request
J am mindful of tllh words of counsel
that such proceedings as this may be
the result of a conspiracy of crooks and
criminals to save themselves from prose
cution, as a result of chicanery, or of
SCENES AT MAYOR GAYNOR'S FUNERAL
WILLIAM H.TAFT. ROBERT ADAMSON,
AND POLICE COMMISSIONER? WALDO
__HONORARY PALLBEARERS
lu the above illustration are shown some of the scenes at the funeral or William J. Gaynor, Mayor of New York
city. The funeral car was drawn by sixteen jet black horses in trailing trappings, each led by a policeman or fire
man. whose marked sleeves revealed them as the flower of a united service.
Down Broadway the procession moved at a bugle note. First the small platoon of police cavalry; then the
police band playing the Dead March from “Saul;” a squadron of mounted police, and last a regiment of police in
f.mtry, agile, lithe limbed men of the new order, 1,260 strong, and every one appointed or promoted in the adminis
I ration just closed by death.
At either side of the catafalque walked the distinguished Americans chosen as pallbearers. Leading the fin
on the right was William Howard Taft; on the left Colonel Ardolph L. Kline, present Mayor of the city.
parties prompted by other ulterior mo
tives."
His remarks, the first of the kind to
come from any of those sitting in judg
ment, caused a stir among tho specta
tors.
At the opening of the. session Attorney
Kresel Introduced in evidence letters writ
ten last fall by Sulzer to William J.
Ellis and William Hoffman, brewers, who
contributed to the fund turned over to
Sulzer by fdrmer State Senator Stadler.
The governor thanked Hoffman "for all
□l have done in my behalf."
lie letter to Ellis expressed apprecia
tion "for your letter and enclosure."
Judge l^ewls Conlon of New York city,
the first witness, told of handing Sulzer
a $100 check from Daniel M Brady.
"What kind of contribution was it?"
asked John B. Stanchfleld of counsel for
the impeachment managers.
"It was a contribution to help him
along in bis campaign," answered Judge
Conlon.
Tho witness said be bad received ac
knowledgement of the receipt.
"In the usual rubber stamp form?" asked
the attorney.
"'It was an acknowledgment," answered
Judge Conlon with some, asperity.
In the cross-examination, Judge Herrick
questioned him about a conversation with
Mark Potter, who the witness testified
yesterday had given him a check for Sul
zer.
"Did you have any conversation con
cerning Mr. Sulzer's financial condition?”
Objection that iljis question was irrelev
ant was entered by Mr. Stanchfleld and
THAT STATE FAIR WILL BE SOON
No Matter What
You Pay
Soft on Derbies
at all prices—
so many at $
Bl&ch's require
exclusive main |
l ^ floor depart
ment to display
even enough to
have a selling
selection.
At 93-10 are
“Stetson*," the A
1-HI Mlae Bug- ®
HmIi "TWKEN”
D f r Ii I cm, and
Blach’s o w n
1 AMERICAN
| which Is good
enough to de- ■
serve a distinc
tive name.
For $4 arc “C.
X: K.“ Knapp—
r Felt Derbies
such as you
in e n k n o w.
Also $4 iu*e
French. Mttflcl
soft f' 1' s.
At #r» are Ita
lian made and
Stetsons. in
cluding velqiirs.
Then, Knapp
Felt lie Luxe
$6 Derbies, and
$6.50. $7.50,- $10
Huckel-Peaehal
Austrian Vel
ourN, so beau
tiful, so litfbt
I in weight, yet
* so serviceable.
%
It Pays to Pay It
To
J5
Hal« Q lirl
s,,nt ! FAIR AND SQUA TRADE MARA
■ T “ i
Free
1» .
3 ** wr,; at u Ii o ^ vS v
*rud BIRMINGHAM
ibr Where Gold is the
prU.e. Standard for Goods Free
■■ ■'■■■ " ■ . " ■■■ '1
was overruled by Presiding Judge Cullen,
who gave a lengthy opinion as to the
admissibility of testimony tending to show
whether it was the Intention of contribu
tors that the money could be used for
, private purposes or only to meet cam
paign expenses.
“In my opinion," he said, “the re
spondent had the right to introduce
evidence concerning the intent of the
givers. Here we are considering a
charge of larceny and while testimony
alleging the line of intent may not af
fect tin moral culpability of the re
spondent, it certainly does affect his
legal status.
"If the respondent used the money
as it was intended it should be used
by the donors he was not guilty of
larceny, and could not be convicted by
a petit jury. Even the undisclosed In
tention of the donor negatives the idea
of larceny and would prevent ills con
viction, however great might be his
moral culpability.”
The members of the court voted 19 to
12 to sustain the ruling of Judge Cul
, len.
Judge Cullen thefi continued his tes
timony. He said he had talked with
Potter about helping the governor per
sonally.
“pid you not tell him" asked Judge
Herrick, "that he ought to have a new
suit of clothes?"
“Well, if l did it was in a joke,"
answered witness.
“Well, did you not tell him he need
ed a new suit of clothes and a new
hat for his campaign upstate?"
“Yos, I said something like that.”
“You wanted to help him out with
his personal .expenses, did you not?"
No Restrictions on Gift
“As 1 said yesterday, I did not place
any. restrictions on the use of the
money,” answered witness. "I believed
that Sulzer did not have a cent about
the time he was entering his cam
paign.”
"Did you know he had $40,000 or
$50,000 in New York banks when he
appointed Gompers labor commission
er?" asked Stanchfield.
Mr. Marshall was on his feet in an
instant with an objection that this'
question was "insulting and undigni
fied in this august presence as the ju
dicial had reversed this.”
Stanchfield and Marshall then got
into a controversy which was closed by
the admonition of the presiding judge
to "cease this argument, gentlemen,
and proceed to the relevant business of
the tribunal."
Mr. Stanchfield asked if Judge Con
Ion really knew of Sulzer’s financial
condition and received a negative an
swer.
"But Sulzer wore the same style of
clothes for about 26 years, did be not?"
asked Stanchfield.
"He did not appear to have grown
suddenly poor, did he, which, might
have led you to the belief that he didn't
have a cent?”
"Apparently there was no change In
bis looks in the past 25 years,” the
answer came. "He wore the same
style hat all the time.”
Daniel M. Brady, the next witness, de
clared he had destroyed both the check
and stub which lie had contributed to
Sulzer’S roll.
"Why did you destroy these?” asked
Senator Bussey quickly.
"Because I realized the entire matter
was a perpetual tight between two fac
tions. T was friendly to both sides, and
T did not want to get mixed in the fight.
T thought that to destroy the check and
the stub would be a pretty good way to
tret rid of it. put I found out my mis
take, as I have lost a great deal of
time from jpy business as a result.”
He said he destroyed the check and
stub after he htard of the governor’s
impeachment.
In answer to a query from Judge Her
rick. Mr. Brady said that he had "never
regarded Sulzer as anything else than
a poor fellow.”
Doolin Gave $1000
John T. Doolin of New York, the next
witness, told the court of meeting the
governor October 15 and giving him a
$1000 check.
"T told him he needed help,” said the
witness. "I handed him the check. He
thanked me.”
Aii* St'inphrtflil aulfori 1'lnnlin if ho had
talked with Hugh J. Riley regarding
8ulzer’s financial condition, but Judge
Cullen sustained an objection.
Riley is a wealthy railroad contractor
of Squedunk and works for the Cuban
government.
The prosecution then took up the charge
that tlie governor had used campaign
contributions in speculation in Wall
street.
Phillip Royer of the brokerage firm of
Boyer, Griswold & Co., was' called to
the stand. He said that Frederick L.
Colwell had come to him October 16, 1912,
and given him an order to buy 200 shares
of Cincinnati, Cleveland. Chicago and St.
Louis for cash delivery. Colwell paid
for it with $4960 in checks and $7125 in
currency. He read off the list of checks
which included:
William Sulzer. personal check. $900;
Theodore W. Myers, $1000; John Lynn,
$500: Lyman A. ^Paulding, $100; Edward
F. O’Dwyer, $100; John W. Cox, $800, the
Frank V. Strauss Co.. $1000; John T. Doo
lln, $1000.
Witness said Colwell remarked that he
was purchasing this stock for himself.
Two employes of the brokerage firm
were called to testify about the Col
wrell purchase. They were cross-exam
ined rigidly by Harvey D. Hinman of
the Siilzer counsel.
“There will be no issue on the question
of the purchase, of the stock,” the attor
ney said, “hut there will be.^ some de
tails that will become important.’’
Morgenthau Recalled
Henry Morgenthau, who contributed
$1000 to Governor Sulzer last fall, was
recalled. He said about September 2
Governor Sulzer called him on the long
distance telephone.
"He made a request," said witness,
"that in tile event of mv being, called
as a witness to 'be easy with him.’ I
told him I would state the unvarnished
facts."
"Was there anything said concern
ing your contribution?"
“He asked me to treat the 'affair as
personal between us.' I said I would
not.”
James Temple Galathney, a New York
cotton merchant, testified, to having
sent Governor Sulzer a check for $100
to make up a deficit for the governor s
personal campaign.
"I wish tlie money to be devoted to
that cause alone," the letter said.
George Neville, another cotton mer
chant, told or collecting a campaign
fund among the merchants in his line
of business with Gwathney. He could
not remember the total amount collect
ed. The fund, be said, was divided
among several different candidates
who were running for office last year
who were "friendly to the donors ami
was to defray campaign expenses.”
“Mr. Sulzer received $200 of this
fund." said witness.
Dr. John \V. Cox of New York tes
tified that last, fall he drew a check
for $300. Ue sent this to Theodore
W. Myers.
He said Myers was the treasurer of
an organization of Mr. Sulzer's friends,
gotten together for the purpose of pro
moting his election.
This check. Attorney Kresel averred,
was used for the purchase of stocks.
"Mr. Myers said lie would give $1000."
Cox said. "T don’t know whether he
gave it'or not. 1 hope he did."
Decided to Help Him
Judge Herrick upon cross-examina
tion brought out that Dr. Cox and oth
er members of the Manhattan club had
talked over Sulzer's financial condi
tion.
"And made up your minds he was Im
pecunious?" asked Judge Herrick.
“Yes."
“And had made up your minds to
help him along In his affairs?"
"Yes."
“And had decided to help him along
personally?"
“Yes."
“Was the contribution made by you
for Sulzer's personal benefit, and not
for the ticket as a whole?”
The managers' counsel objected but
Judge Cullen overruled them.
“It was given to Mr. Sulzer for hi®
personal benefit," answered Cox.
"I object to all testimony which tends
to lay before this court the Intent of
wltriPKA.” muiri Kpnulnr Rrnwn pmnhut.
NO GOLD IS FOUND
IN BAFFIN’S LAND
Arctic Explorer, However,
Declares Land Rich in
Resources
Quebec, September 26.—Capt. Joseph
IT. Bernier, the Arctic explorer who has
just returned from Baffins Land, said
today there was no gold there. “The
report that there was." he added, “was
made to the government without my
knowledge by the second mat: of the
steamer Arctic.
“The Island is rich Ln resources. The
rivers are full of salmon and the hunt
ing is good. The warm season there
is about .five months in duration, but
there are only two months of ical heat.
The only drawback is the nonproduc
tion of vegetation; only flowers grow.
There are no trees hut the climate is
healthful.”
Hudson Straits, Captain Bernier said
are n>.vigable for four months in the
year with modern safeguards, wireless
stations and specially constructed
steamers.
WHOLESALE COFFEE
DEALERS INDICTED
New Orleans, September 26.—J. B. Sinnot |
and Paul J. Orchard, president and treas- !
urer respectively of the wholesale coffee j
firm of Smith Brothers Co., limited, re
cently declared insolvent with liabilities
of yiore than a million dollars, were in
dicted today in connection with the fail
ure of the firm. They were*charged with
unlawful disposition of collateral upon
which loans had been secured from a
local hank. Sinnot, who has been head
of the firm for many years, was arrested
and later released on $10,000 bonds. Orch
ard had not been taken into custody late
today.
The troubles of the firm were said to
have been due to speculative operations
In coffee extending over a period of sev
eral years.
SCOTT LEAVES THE
GEORGIA RAILROAD
Augusta, Ga.., September 26.—It was
announced officially here today that
Thomas K. Scott, general manager of
the Georgia railroad, has resigned be
cause of ill health. His resignation will
take effect October 1. C. A. Wickersham
of Atlanta, president of the Atlanta and
West Point railroad, will succeed Mr.
Scott.
Mr. Scott came here as general man
ager of the Georgia railroad 20 years
ago. The announcement today was in
the form of a circular, signed by M. H.
Smith, president of the Louisville and
Nashville railroad, and H. Walters, chair
man of the board of directors of the At
lantic Coast Line.
Crenshaw’held
UNDER $5000 BOND
Greenville, September 26.—(Special.)
George A. Crenshaw was bound over to
await the action of the grand Jury this
morning uyder a $5000 bond on the charge
of killing Henry Hartley on the streets
of this city last Saturday. The prelim
inary hearing was held before Judge A.
T. Ramage. Before any testimony was
introduced attorneys for the defense and !
the state announced that a bond of $5000
had been agreed to. Bond was imme
diately made and Mr. Crenshaw was re
leased.
GERMANY TO PROBE
THE TOBACCO TRUST
Berlin. September 26.—Preliminary steps I
for an investigation of the operations of i
the “tobacco trust” in connection with
the German cigarette industry have been
taken by the government.
The secretary of state for the interior
replying today to the petition sent to
him by the Hansa league, an association
of business men, asking him to order an
inquiry into the subject, says: “The Ger
man government has long had its eye
on the operations of tlie trust.”
Court Decisions at Dadeville
Dadeville, September 26.—(Special.)—The
first verdict In a case of Importance to
be tried at the present term of the cir
cuit court was rendered today in which
the Jefferson Fertilizer company won a
suit of $1600 and costs from the local
Farmers’ union store. The suit was for
fertilizers bought and sold by the man
ager of the store and repudiated by the
board of directors.
Another case was settled by compro
mise between frhe parties involved, the
Central of Georgia railroad and J. D.
Thomas and J. D. McClendon, two cit
izens of Jackson’s Gap. Thomas and
McClendon had bought excursion tickets
to the Confederate reunion at Macon,.
Ga., last year. The local trains failed
to stop and take them on. The result
was a damage suit against the railroad.
The suits were compromised by a pay
ment of $50 each to the aggrieved parties.
Advertisers Adjourn
Cincinnati, September 26.—The conven
tion of the central division of the Asso
ciated Advertising Clubs of America was
concluded here today, after the delegates
had decided to leave the choice of the
next convention city to the executive
commttee.
It was also agreed that the city select
ed should be a permanent place for the
annual meetings as the delegates wished
to abandon the convention plan #which
incurred too much expense for the club
in whose city the convention was held.
Legislation was favored that will enable
the manufacturer to control the re-sale or
retail price of Ids product.
noDson at Bessemer
Bessemer, September 26.—(Special.)
Congressman Richmond Pearson Hobson
delivered an excellent address on the po
litical Issues of the day to a large and
appreciative audience tonight at the Re
bie h*U. Mr. Hobson is well known in
this city, where he has a large circle
of friends, who always give him a cordial
welcome.
Churches to Merge
Topeka, Kan., September 26.—»>The
United Brethcren church In annual ses
sion here today voted in favor of a
merger with the Protestant Methodist
church.
ically. “Even ‘the devil himself know
eth not a man’s intent,' ’* he quoted.
He asked for a vote on his objec
tion. Prior to the roll call Senator
Duhainmell in behalf of the laymen of
the court urged a liberal interpreta
tion of the legal rules surrounding .the
introduction of evidence.
“We should be mindful.” he said,
‘‘that these proceedings may be the
result of a conspiracy of crooks and
criminals.”
The result of the roll call showed
that Presiding Judge Gtlllen’.* ruling
had been sustained, 33 to 14.
“Was your contribution solely be
cause he was candidate for governor?”
Attorney Brackett asked Dr. Cox.
“Yes. but there was another reason
—because he would be put to extra
OVItiinaa ' ’ o naii'ara<l Hfhnuai
Loveman, Joseph £? Loeb
Loveman, Joseph 6? Lofiijj
Everything. For The New Season
In The Men’s Store
And the Saving Difference in Price is Distinct
TELL HIM ABOUT IT
$1.50 Medium Weight $-| .19
Union Suits for i
Just the proper weight for im
mediate wear, and in the winter
time when a man must wear more
clothes there is nothing as comfort
able as a Union Suit. These are
made with long sleeves and ankle
length drawers of fine soft cotton
and are splendid values.
Men’s 35c Silk
Plaited Socks
Double cotton heels and toes, but
the rest of the sock is of plaited
silk. Black, nav>, green, purple,
tan. -all fast colors. An excellent
sock for long wear.
This business of Men s
Furnishings we take
very seriously. Having
men’s new fashions
here ahead of other
stores is a matter of
considearable import
ance. And even more
important is the pride
we take in saving i
men money on the
things they must have.
The Best Shirts We $1
Have Ever Had At 1
New, fine quality Percale Shirts
in a variety of patterns and the
colors are all fast. Beautiful hand
laundered Shirts, made coat style
with cuffs attached. A full measure
of quality.
Silk Knitted Ties, PAo
Worth 75c, at OH ,
Another one of those splendid Tie
offers that has helped to popularize
our Men's Neckwear Section. These
®re of pure silk, knitted, plain and
fancy tw^-tone colors and cross
stripes. Smart new Ties for
Autumn wear.
(Men’s Store, Main Floor)
The Boys’ Store Now Has Room to Stretch
Its Full Grown Length
The 2nd Floor Gives Ample Room to Dis
play The Grand New Stock
Every boy that conies In here seems to appreciate their own new store.
And as much as they like the new store they like the new suits even
better.
New Norfolk Suits Are Excep
tional
$5 to $13.50
It used to bo that only the
very particular hoys'wanted a
Norfolk Suit, but today every
boy is demanding a Norfolk in
hig wardrobe. The assortment
here is equal to the greatest de
mand. The models are wonder
fully well tailored, and the pat
terns are rarely smart. Roys
preferring gray, brown, tan,
green or navy blue will find full
choice in every color.
Remarkable New Reefers at
$3.50 to $7.50
And as one appreciative customer remarked, "You have _f»o many more to
choose from than any other store." it is a feet. Never before have we had
such a range of patterns, such a full range of colors. Tan. him* and
Shepherd plaids, ton and gray coverts and all sizes 2*4 to 1U. I
P. S.—We Sell These for Girls as Well as
For Boys.
One of These New Hats Will Dress Dp
Your Boy—Price 50c to $5
Newest, shapes in Hats and Caps, every wanted material. They are here
f^*r>m the plainest Rah! Rubs! t«* the finest Velours, and in between there
are Cheviots, Felts, Plushes, Velvets, Silks and Coml>imitlons.
l^Roys’ Store, "d Floor)
Over 20,000 Square Feet of Chinawares
And Housewares on the New Fourth Floor
The Modern Housewife's Market-Place of
Domestic Wares
On this new fourth floor wo
have assembled from every
comer of two continents things
to delight the housewife. New
table service for the dining
room, new woodenware and
metalware service for the
kitchen.
Birmingham women who
have not visited this floor must
lose no time in seeing this lat
est innovation that has been ar
ranged for their special bene
fit.
Every Day Special Economies on
The Fourth Floor—And on
Saturday Especially
Choice Three Sizes Mixing Bowls | Ac
These Mixing Bowls are offered at half of their regular price. I I fe
There are three sizes to choose from. They are brown earthen- ^
ware bowls white lined.
30-Hour Alarm Clocks C Cc
These Clocks have never been offered in this store for less
than 59c. On one winding they will run a full 30 hours and w ^ J
give ampte alarm service. -
50 Dozen Odd Saucers Offered, Choice
A value that is matchless at double the price. Odds and ends I IJC
of Saucers, suitable for small uses around the house. A very I
special economy. W
(4th Floor, Take Either Elevator)