Newspaper Page Text
Jaln, whlch have been dollvered ovo
yt.nr lln?> ' Thls huMlnene .if tebatlni reaulted in no pfoflt to either gentla piiii.. tiiites WB8 ugrnt for n Ki'-'1 inen liant, ttif other, QUbert, v i i , | railrOBdi nnxIniiH lo buth up the huslnt'Rs of lilw rwnl ht MOur lug the btiefnen ol tiiis grurt grali l - hant. "In regard to these chnnged order -tiif-re la oria matter whlch ii?h not beei ftouched iipon by us, that wlth rrgan -. - ?? torn order, whtch the defend i iiiis v\ na In two parts. W( fopnd th.U oiri"r In the Clusupoflke ftO' nfnoe, it may bc tluu tho wlf ( . , m ti.inB the oounse ?m'n cal ?, ? U atanda to reaaor ! li nol ain IdloL Thai he eomtnltte^ for no pnrpose la hnrdly to b? "There la oie plvotal quostlon or balanoed, nnd that ' Gllberl know whrn ho wrott that thr fmiifht notlce; fli titlbua? Tl houll be acquttted gullty. "1 aw ?ak you to look at I theae men, nml ? , ? |i rt b( hlnd, nnt : 1 be unearthod . - dlscloaed hh . tlon wlth thla nrf.-Mr, includlns ble Hcht ln whlch he has iclng argurnent r. talnly li" mnst ? : lave decelved the ? ngent of the Rallway Com miul have been $16 a car on shlp b.ald; lf wlth H hund he that he rubbed ho! paper. Ho dld nol cai ? ? bert. who knev; whal 'waa going on, provlded it waa not one of hl petll ira or an ae of the Southern roads. "Vou are aaked t-> belleve that a 7nan not In : e rallroad busincss da celved thia trained employe. Neverl ? Igera, can thla he tru? V :'?vo that Gll iii. Qatea ai No Other man hlm, lf you thlng herit watcnman jvit tnere At thls juneturo crowded, and pers threo Hnd four dee wall near the entrance. und in tho rear of the ccitirtrooin. There woro no va cant seata. Tivo Sets of SH|i?. Mr. Marble ahowed the jury two sets of transfer alips?one set prepared by Gilbert's clerk and tho other by Gll bert. "Look at the marked differenca in the methodl nsrd by the defondant and tho emplov,. worklng under hls ordora," ea lalmed theattornoy. "Look at theae expenae b'lls. and you can never say jthat you youraolvcs would have been decelved as the dofendant, Gllhert, was ?n the yeara and yeara ho uaed them 'Jn reeonslgnlrig orders. "The wordlng of Uio orders show the carelcss mannar ln whlch the fake or? ders were prepari [l Lppeala to tho rule of the rallroad prohib Ited the lssulng of reconsdgnment or - before referrlng ? Mr. M from the dcfi-ndnnt'a olch he had Btated that lUght to the fake "Do you belleve that? Do you thlnx could have boon elected as tanl ::ianager lf he were so careleas. !>?> you belleve thls story? ]f you 'lo belleve thls story, you've got to acqult thla :r,.in." Mr. Marble referred to the peculiar and in j mannei of handfing the apecia! rlslng from the bogus were eecure Qlll ert'a hands, as langor of publlcity had jhle came," he . ;.i i ame and s, lie reported stesid of to bla ;ateat fraud >>f tiie century lald at door? No. Wouldn't any man ip done thla? Whal dld Gllbert do?" d ln the t he was uu?u the n-ord lo all cara Deairable for every man in every way. Here are all the new shapes, all the diffeiont lengths, all the new patterns, all the BEST that can be put into coats by skilled craftsmen. Some are redolent with odd fancies in pockets, lapels, but tons. collarB, and others are plain, dignified garments for the quiet man. $10 to $40. unilecessory. I have done tny part? I hcve dono my duty to get oquality for peoplo who pay thoso rates. Tho duty now llea wlth you." Mr. Marble spoko f?r an hour Rnd llfty minuto". A brlef recess wa:> taken before Mr. Carter took up the argument. Mr, Cnrter's Opcnlng. In opcnlng Mr. Carter pald: "I have often thought that, of all the Inherl tance wo get from our Anglo-Saxon forefathera, what was moat produetlvo ? if hnpplntEs and llberty in thls ooun try waa the rlght of trial by jury. I am glnd thls man, opposed by all the power of tho government. nHslstod by the Bpeclal attorney of the interstnto Oomnierce Commiaslon, trtists hls rlghta, hls llberty, hls happlneaa and hli future ln tho handa of a Jury. "You wlll remcmbor that thls man of a good roputatlon. before thls chargo waa brought, la alleged to havo gono to work, wllhout any motive, and put hlmself In Jeopardy of convlctlon. it Is not pretended Ihnt ho got one cent out of thflse trunsactions, and It lb proved that ho gut no benoflt for the company for whlch he worked. "The flrst thlng that ahould stag ger tho proaecutlon ls tho absenco of a motive for tho crlmo. Is it concelv ahle that a man of sound mlnd would destroy hls future llfe, nnd tho llfo of hls innocent Wlfe and children wlthout any conaldoration at all. The abaonce 'of a motive ls the strongest.'plea of the defense. "How did thls proseoution Etnrt? H. O. Gatiis. wlthout Vhose testlmony there la no case here, and lf you take hls testlmony out, the case falls wlth a dull nnd stckrnlng thud, ln order to help hls omployer. cnncelved and orlgl natod the plan. He's the brtght young man who got for hls empioyer the con cesslons on hls frelght. Only JTIne Caaea Taken, "He has been the pntron of the road for yeara, and tho court has conflried lts Inqulry to nlne counts, wtthln tha paat two years. Gates says there was nn ngreemeut, a consplracy between Gllbert nnd hlmself, and he gets from Gllbort ordcrs on grnln from Valley polnts. whlch had conte from polnts west of Virglnla. 'What would Gntes have done It hls tale ls true? Wouldn't ho havo gono to Gllhert and said: 'Glve me an order for rcconslgnlng grain west of Vir? glnla, ns lf It had been ahlpped from the Valley.1 Ho dldn't do thls. He alwaya carrled a forged expenso ac count. purposely to Bhow the grain antttl .! to the lesaer rato. He took lt to Gilliert. nnd on that got what rt aay.a he gavo to evorybody that enme to hlm wlth a slmllar paper. "Why should he havo forged a paper j to take to Gllbert, if he had not want ed to decelve hlm? The fact that he | and Gilbert were not ln colluslon is proven beyond a questlon. from the fnct that Gntes had to brlng eaoh tlme a Bkllful forgery. He committed theso jcrimes, and, the lmmunity the Inter ; state Commerco Commlrslon Klvcs hlm, I aaves him from a sontenco whlch could [havo sent hlm to the penltentlary for llfe, even lf hc hnd llved to be as old j as Methusaleh, Why dld he do it? Tbo Conneel'a Suxplclon, "There ls hut one motive?to decelve Ollhert. The learned counsel's sus plclon almost mnkes me thlnk ho's less i a man thnt I thoughf^ ho waa. If Gll? bert had gone runnlng down to tho statlon ns soon ae he her.rd of the irreg lUlarltles, thoro would bn hcap more reosori to thlnk him gullty. Ho acted llko an honest man. and ns any other hon?st man would have acted.'" Mr. Carter explalned how Gllhert tOOk tho forged pnpers to the XInth Htroet stntlnn. and that the clerk. seo Ing thn fnlse panors slened hv Gllhr-rt thought that Gllbert and Gntes were I ln colluslon, and nllowed the matter to pass. Ite not onlv rooled Gllhprt hut he made the clerks belleve they 1 were In co!!ii = lon. j "That explalns many aunpiclnn:* I whlrh have fo warped mv vountr l frlemi's mlnd that ho has made a i mountain out of a mole-hlll." (The retorl waa mndo at Mr. Marble.) Mr. j CartT tonk up ^ tho matter of tha ??, i xpanse bllla, and, after an ox Planatlnn. added: "That's tho enso they you al ut, and whlch thov try tn '? r i:n hy suspiclnns. Fnr^nrv nft*r iorgery thla w|tno?? odr"<ts on croas examlnatlon. !fn admlta havlng forged a portion of every nuthorin- nn whlo'i j roconslcnmonts ivoro nnd'-. except one, Innd that one waa torn apart IIo ad : inHs not me. but, I lmnglne, a hundrtd i havo [| ? I coupled wlth two fc.rcrerlps, and ln some Instanco* ornsuroH of parts of IGllbert'a authorlty to the clerks. nut, as aaya my auaplcloua young trlend (Jlr. Marble), who would have made one of the beat detectlvea ln Amorlca has 10 per cont. more finely powdered (and therefore active) cementing material and 10 per cent. less inert (and therefore non cernentir.g) coarse mafcter than any other cement in the woild. 1 he cement particles left on the screen after screening through a sieve of 40,000 meshes to the square inch are little better than sand in cementing quality. Edison Portland Cement is 10^ Finer than the Next Finest Cheapest because it binds the most sand, fills a niold most solidly, makes strong est finai set. Ask the [dcaler to tell you v?'hy and how or send direct to us for free booklets. x PORVLA.MD li CEMENT L\ '? ' '..".ipAMY/ ] e*tt t&tnfiatiy, SOLD EY EALDWIN& BROWN, Inc. Rithnwnd, Va. Buildiog Malcrials, Terra Cotia Brick, Pjpe, Elc, zsasamiimsi If he had chosen that profeaslon ln stead of tho law, in which he is also r suceoss, you niust convlct thls man. The Tlilrf nnd Korger." "CJates ducelved even the elect. The men who camo liere as agents of tho Intoratate Conunorue Commlssion wero fooled by him. They got tho papers and found erookcdness. They exum Ined them. Mr. Ollle Oatos, the thlcf nnd forger ln the case, tho aole bene fiolary, who cunfesHea he orlglnated this scheiue, and prides hlmsclf that he invcnted thls moral abortion, who la aa steeped ln crime as a aponge In water, goes to tho Intorstate Com meree Coinmisslon and gets immunlty. "If they lihould have known Gates as tho orlginator of thls scheme, and then liave chosou him to prosecuto thls man, I thlnk thoy would be aa guilty of a crime almost as Outes is. The | commlsalon'a actlon can only be cx I plalned in saylng thut Gatea fooled ! evon the elect. They come here talk i lng to me about foollng Gllbert. He j wouldn't have fooled Judge l.ewla; hn s been llvlng here too long. he's too cun ning an old fox to have been fooled that way, The guilty man got Into thelr camp, and they got fooled by him. "They camo here to Inaugurato a prosecutlon. They had to prosocqto somebody. Suppoae they had gono to a man of higher type than Gates. Don't you thlnk he would have been temptea, when there was only one thlng under heaven that would have aaved him from the pen for the reat of hls natural j llfe, to have acted Juat as Gates has 1 done? Now thlnk of a man like Gates, j alreadv b forgor nnd a thlef. CoUld Not Stnnd It. "X say when II. O. Gates waa con i fronted wlth the proposltlon, lt was I more than he could staud for. There , la but one thlng he can be convicted of, and that is perjury. The whole I thing can bo traced to the fact that thls solf-confessed crook had led the I clorkB at the Nlnth Streot station to i belleve that he and Gilbert wero In ! colluslon. "Tho most natural thlng ln the worlH for Oatca to have sald to hlmBoIf, when the discovery was made, was: '1*11 put thla thlng on Gllbei t and the Chosa peako and Ohlo, and I'll go freel' Thut'n the way this oane was born. Talk about,a reasonablo doubtl. Thcro's no doubt about It in tho wnrld. "Haa It come to thla, that a Vlrglnla Jury, on the toBtlmony of auch a man us Gates, ls to convlct a man of former exemplary characlor, whoso life hu? been an opeu book, becauso thls mun Galea has gotten for nmwulf twico llio galn he got from Qllbert7 Whut lio's gotten from the oth-c alde Is linmuntty from a lifolong sentenco In a dingy oell ln icime far-oii penltentlary?a fate worae than death. llcwnrc the Con?equeace?? "There aro many th.nga I have not commonted on, but which I ought to havo dono." Mr. Carter asked for a copy of a reconslgning order, sa\ lng: "It's a won der thev didn't lose tomo of tliem car ivlng them around town so much.' Mr. Marble retortod: "Vou wiBh we had lost Miino of thom." Mr. Carter turned and smiilngiy sald: "Now, GaintGlel, you're trylng tu breaK up niy guod spooch. V'uu aio trylng to worry mu." , ., The rejolnder created laughter. Mr. Carter then spoke of tha cunsequencua of a coiivlctiun. Hu clobud Jils ipeech by B&yihgj "Sluce this trial began i have stoud by tho open grave of the man wilii Whom I nave dono my life'a worlc. My Biief was an nothlng aa compared wlth the grlef ot the wife and orphan chll? dren. Vet thelr grlof would be u* nothlng in compnrison to tho ahanie und degradation of tho innoeent wife and chlldren of thls young man, 1 there ls' a verdlct of guilty. I don t sav thls to exclte your sympathlea. but Bliiiply that you should be warned of the consequences." Mr. Carter spoke for two hours and fifteen minutes, and after he took lu aeat adjournment was ordered until to day at 10 o'clock. INSTRUCTIONS IN REBATE CASE Tho followlng Instructlons were rcad to tho jury by tho court: "The accused ln thls caso ls charged in nlne separate counts of the lndlct usent against him wlth having, as aa aiatant goneral frelght agent of the Chesapeake and Ohlo Rallway Com i iinv, a corporatlon engaged in tho tranaportatlon of lnterstate1 commerce. unlawtully and knowlngly granted and given to one Wllllam K. Juhntton, a leaale grain dealer of the clty of Hichinond. Va., certaln oonceaalone on fi flght ratea fioin Rlchmond, Va., lo polnta in the State of North Carollna ovor the Beaboard Alr Llno and Atlan ttc Coast Line ltallways, connecting llnes wlth the said Chesapeake and Ohio Rallway, also engaged in tho tranaportatlon of lnterstate commerce. "The llrst count chnrges that tho concesalori thus granted the said John ston occurred on the 24th day of Au guat, 1907, and consistcd of a ahlp metit of 628 eacks of corn, welghing 64,0tl0 pounds, transported from Rlch? mond over said Beaboard -nir Llno Rallway, to Lumberton, N. C., at tho rate of 19 centa l)er 100 pounds, When tho true rate, as shown by tho tarlffa and Bchedulea duly publlshed, poated and flled wlth the lnterstate Commerej Commisslon, should havo been 2- centa. ?The elght fullowlng counts eaeh refor to specific ahlpmenta made by said Johnston on dates between the 13th of July, lDo". and 3d of October, 1907, dellvered by the Chesapeake and Ohio Rallway at Rlchmond for Shlp n-ent by the connecting llnes aforeBald to polnts in the State of North Caro? llna, and as to whlch it is charged the accused as asststant general frelght ngent of the Chesapeake and Ohio Rallway Company unlawfully and knowlngly offered, granted and gave to the said Johnston concessions of dlfferont amounts below those prop erly chargeahle pursuant to the tar? lffa and schedules duly publlshed nnd poated as repulred by law, and flled wlth said lnterstate Commerce Com? misslon. I. "Gentlemon of tho jury, you are charged that thls is a crlminal case, and as such has to be proven by the government, that is to say, the ac cused ia presumed to bo innocent. antl tho law Imposea upon the government tho burden of establlahlng hls irullt, and not the defendant of malntalnlng hls lnnocence. "That thla presumptlon of lnnocence avalls the accused at everv Btago of the case, and upon every matorial Isauo arialng thertln. and it ls necessary in order to hls convictlon that the- gov? ernment should eatabllah hls gullt to your patlafactlnn beyond a reasonable doubt; nnd that unleaa you belleve from tho evldence that tho govern? ment has thus eatabllshed the i?uilt of the accused as to tho offonao charged in some one or all of the counts -n the Indirtmont, that lt 1? your duty to flnd a yerdlct of not fjrullty. "Tlmt the accused ln thls case can only be found guilty of the offenaea, or aome one of thern charged ln the nlne counts of the indirtmont against him, and cammt ho convlcted of any offonse not ron'-'e the haals of somu count ln the lndjctment." II. "Tou are further charged that, al though you may belleve from the cvl 0 nce that the aevoral shlpmenta of grain rtferred to ln the nlne counts of THE WEATHER Forcensts Vlrgtaln nnd North Onro U1111?i-'ulr aud conttiiued eold Thurs duyi Kriduy falr wlth alowly rlslnu temperature] wtuda ueconHus Usnt and vnrliihlc. CONDITIONS VESTEIUJAY. 8 A. M. temperature. 38 l-tumldlty . 53 Wlnd, dtreotlon ..? ? ?.North Wlnd, veloclty .*?. 8 \v< ather .Cloudy Ralnfall . ''? 12 noon'temperature. '."J :. P, M. ti mporaturo. 4,2 Maximum tomuorature up to 5 p, M, 58 . tmum 1 empi 1 ature up t" " P, M, 36 ? ,. tom 1 ature . 48 tom ituro . -li ?1'. 1:1 IBI . 83 Accum, dt 11< lt n'i ln temporature alnoe January ut . 11 lOxpeaa In rali 0 March Ist,. r.Q7 Acoum, I--- ? Infall Ince Jan uary 1 t .0.:: 1 CONDITIONS IN I51POUTANT CfTHJH, i 1 v v. :.i.. 1: tern I indard 1 ?II \l \'t I iti; M.11 i.N t< , 8un rti ai 1:00 IIIUIl TIDIS, Sun ?|ta.4; ,a Bio'rnlng.12:83 iMoou lUeu. . ,,2;3S Kve;i|ng, ,,,, \l;u;} tho Indlctment agaiust tho accused were all made at an unlawful and re duced rato, as in snid severa! counts of the lndictment are set forth, and upon reconslgnmont orders purportlng to have been issued by the accuaed, that atlll the accused should not be found guilty under any of sald counts if you belleve from the evldence that sald reconslgnment orders wero all changed and forged after the accused Mgned th? same, nnd wlthout his o< nnlvatice or conaent, ?nd that he, the aoouied acted ln good fulth on hls part In tsa ;ins: such order3, and In all that he dld respecting the aame, wlthout any purpoae to offer, grant or glve any prefercnce." III. "If you belleve from the evldence beyond a reasonablc doubt that tho shipments mentioned in tho indictmont were trnnsported from the clty of Rlcliraond to the polnts in North Caro llna, and at tho rates chargtd ln the indlctment; that those shipmenta'were local shipmenta?1. e., shipments that orlginnted ln the cltv of Itlchmond. and not at a valloy point or polnts? that the tariffs and achedules of the connectlng oarrlera mentioned In the lndictment were duly filed, publlshed nnd posted, and were In force, as stated in the Indlctment; "And that, aa shown by aald tariffs and scheclules, local ahlpments of graln from Rlchmond to the polnts In North Carollna mentioned In the Indlctment were due to pay the local rates to such points; and lf the Jury shall fur ther belleve from the evldence beyond a reasorable doubt that reconslgnment orders for such shipments were issued by tho defendant as asslstant general freight agent of tl>e Chesapenke and Ol lo Railway Company aa shipments 01 glnatlng at a Valley polnt or 'And that, ln pursuance of sald or? ders sald shipments were tranaferred by the Chesapeake and Ohlo Railway Company to tho connectlng rallroads In the olty of Rlchmond mentioned In the Indlctment as shipments due to pay K aa than said local rates, and that sald shipments were tranaported by sald connectlng rallronds from Rlchmond in the polnts and at the rates men? tioned In the Indlctment, and that tho charges for such transportatlon were paid to the said Chesapeake and Ohio Railway Company, as charged ln the lndictment; "Then the fact that auch recons.gn tni>nt orders were changed by nnothor than the defendant, so far aa sald or? ders referred to sald tariffs and sched ules, does not oon.-.tltuto a valld de fenae to thls prosecutlon. provided tho Jury shall further belleve from the evldence beyond a reasonablc doubt that the defendant, ln Issuing the re consignment orders that wore so changed at the npparentiy proper ratc dld ao in colluslrui wlth-the wltness, Gntes, the reprisr-ntative of the shlp per, W. R. Jorn8ton. "And wlth the knowledge, under stnndlng, purposa or Intent on his part that sald Gates or said Johnston mlght change nnd alter auch roeon Bltvning orders for tho purpose of pro ouring, In contrnvontlon of the provl Blons of tho Kederal atatute govprninp, such tranaactlona, the tranaportntlou of the graln ln mieptlon nt a rnte other and below the publlshed tarlff ratc? for ahlpmentB between the pointa ox Bome one of the polnts of shlpment ipatroya <Iie Crnvlng f'r Drlnk. Cirectcd or Mo'ney Itefiimled. 'nrm?rly customary for tha liabltua i tako thn pledce re?ularly, aotne o a year, a?<l ?ometlmen ln evcrj lorse that roltowcd hls debauohe* -break it. :v lt ls Krnrtuilly dawnln? on th? t uludBox do not atoo drunkonness man lakoa a. pledgro vnluntarlly ? to keep It. Kvery man expecti di v.iird. and ?v?ry brulion til<irt;:i .1 niany a haartaolii. uu* IC > It. Ild !l|fht? n? loiut ?? ht i auecurnba lo the cravlng. Th. I L'aat ?i.,?a iin.? .., m covercd by tho aevoral counts of tho Indlctmont; "And in dotermlnlng the queitlon of v/hether tho dofondant bo acted collu slvoiy, or had knowledgo of the faet tliat tho reconslgnmenl ordors lssued by hitiiBolf woro elthor to bo alterud, pr that thoy were issuud not upon lionu lldo frelght notlcea or oxponao 1.111a. but upon ilctitious onea, you should take Into aucouut all tho facta nnd clrcuttiBtancea stirrotindlng tliu du fcndant, Includlng hla conduct at tho tlmo of the uumnilsBlon of tho allcged offoneca; "And at the perlod of maklng tho accusatlon against hlm, tho mutlves that would naturally havo liuluetico ovor or control hltn, tho ruaaonablencsa or unreasonableness of hla acts, to gethor wlth hls knowledgo and oppor tunltlos of knowledgo and Infurmatlon of and aurrountllng tho transnotlon in qUestlon," IV. "Tho court further chargea you that In welghlng tho ovidenco of tho suv eral wltnesaea tostlfylng boforo you [li thla cuse, you should ospecinlly take Into account tho clrcumstancos unclur whlch they aeverally luatlfy, the ln teresta whlch they or any of them ninv havo ln the reault of the proaecutlori, atid the conaequcnt temptatlun that any one of them may have to glve or wlthhold all tho faets, and tho posal ble loridency to color thelr atatotnonta. "That tho law pormits the acoused, at his own requeat, to testlfy ln hls own behalf, whlch ho has nvalled hlm? self of In thls case, and tliat when un accused thus testlflod. hls testlmony should ho subjected to the aamo tests of wolght and credlblllty as that of nny other wltnoss In the case, havlng propcr regard to tho doep peraonal In torest that he has In tho case." V. "You are lnstructed that tariffs of corrlora flled wlth Iho lnterstate Corn morce Cornmlsston undor tho act to regulate cummerco must bo undoratood acoordlng to the ordlnury and falr slgnlflcanco of tholr language. They nrc blndlng as wrttten nnd publlahcd upon all peraone, includlng the persona lasulng them." VI. "The court charges you that the accused ls preanimed to bo Innocent; that every presumptlon of Irw Is ln favor of hla lnnocence, nnd, In order to convlct hlm of the offnnse charged against hlm. every mnterlal fact neeeh aary to eonstltute tho offense must bo eatabllshed beyond a reasonable doubt: nnd lf tho jury entertaln any reason? able doubt of any fact or elehient nocessury to eonstltute the olTenso, it la tholr duty to slve tho accused the beneflt of suoh doubt and acqult hlm? that Is to ?ny. lf there is any reason? able hypotheala In thls case bnsed upon Iho evldenco consistent wlth the In nocenoo of the accused, he ls entltled to tho beneflt theroof." VII. "Thn court further charges you that by reaaonabla doubt. as mentloncd in tho5o instructlona, Is meant a renl douht?that ls to say, not. a inorely "fnnclful stipposltton," but auch a doubt aa would infltiencc you or affect you in tho welpthtler and more Im portant aftalrs of every-day llfe." VIII. "You are further charged that where. upon a glven atate of facts and clr cumstances, an inference consistent as well with tho lnnocence as of the gullt of the accused may be drawn, it ls your duly to draw the Inference and adopt the c.oncluslon most favorable to tho accused." IX. "You are further charged that, ai to all testlmony whlch was permlttod to come before you. showlng or tend Ing to show tho glvlng of other ro bates, if It does so tend, at other tlmea than those descrlhrd ln the Indlctment. you are to undorfstand that such testl? mony ls permltted for the single and only purpoae of tendlng to show knowl? edgo on the part of the d"fnndant, If It Ano-i so tend; "Thst ho was Improperly and Inten tlonally glvlng rcbatea ln the partleu lar nlne cases mentioned In the Indlct? ment. and cannot be conaidered against the defendant in any other reapect whatever, nnd eapeclally It should not be regrarded as proof that tho accused had commlttcd the offenaes charged ln the Indlctment, except In so far ns Showing. or tendlng to show, the knowledgo of what he was dolng." X. "You are further lnstructed that proof that the defendant commlttcd vlolatlona of the act to regulate com? merce. if such proof there he, other than thoso charged ln the Indlctment. through unlntentlonal mlsconstructlon of tariffs. ls not to be taken as proof of Intentlonal vlolatlon of any tariffs or rates ln the transactlons covered by tho indlctment." XI. "You are further charged that In thlB case the accused had the rlght to put in evldenco tendlng to estnbllsn hls untform good character, and If you belleve from tho evldence that ho has eatabllshed such character, thon the exlstenco of the samo Is entltled to much welght at vour handa, and when consldered ln connectlon wlth other evldence ln tho case, may of It.self gen erato a reasonable doubt as to the de fendant's gullt." XII. "You aro further charged that you may acqult or convlct the accused upon any ono or more or all of the counts in the Indlctment." IRCHIE IGU (Contlnued From Flrst Page.) 1 o'clock ln the mornlng, when all the reat of the world was asleep, he stole to the rlvor bank and there trled to hlde the last traces of hls crlme. As the body floated down the rlver he hoped and prayed that hls gullt mlght be covered up ln Ihe sllence of the nlght, that tho burden he carrled In hls heart mlght bo relleved. lluuutcil by Crlme. But the metnory of that little jour ney to tho rlver never left hlm. and the thought of it grew dally movo heavy. It racked him during the day, and at nlght he could not slecp becauso of the hauntlng memory. At laat the burden of it became so groat that it aurpassed mortal endurance. Tho sad, pltlful story aprang from hls lips liko a ghost from the past. Ho told It all, seemlng to procure rellef as he nar ratetl It to hls companlon. Then, as ho saw' the course developments were taklng, he fled, leavlng behind hlm a rulned girl and a path o? desolatlo and vvoe. Afterwards tho girl dled, nnd the lnformatlon waa conveyod to hlm. Ite fled further, aeeklng to separate hlmself aa far as posslblo from the moinory of It all, hoplng to hido hlm? self somewhern olae in the world, where hls gullt would never bo known. But the nvenging Ntmesis pursuca her prey rolentleasly, and the young man 1b Ktlll floclng, with the ghost stlJl fast behind. Pollee Kuew Facts. Never before was there more Interest tnktn gcnerally ln any case of the Ulnd, lt la talkcd about ovor the whole clty. Some people have. come forward, of foring tho lnformatlon they had as matter Of duty. Only tiiose who aro dlrectly coneerned and thoae who n ufrahl ot Intu'imlnatlng thomseives aro Wilhholdlng what .they knovv from the pollee, There aro two or three who oduld prbbably tell the whole dark ;dorv from bi'glnnlng to ond, Bul tii.Mi- llps aro BflMOd because thoy r, in far themielvM. But from otliera ii;.: lnformatlon hU beon wrung. plece >,v ),),-?'?', hlt by I'lt, untll now tho whole aorry lalo la upmplatff, and ti Klory of Mary MuiphvV. uiuIdIiik aud deuth I known '?.< tlio pollca. Dhe ,, ,n?t'(i wlll bo nakad thla morning to ,.|?.r:,i? wlth IhO I'oll.'o |i.T.iirtui'.ul |n tl|,< HU|)prO?ttlOn Of, I1"' mhiih-m of cor luiii piopl* who-nr.i volunUii'iing thelr iufoi'iilfttlcui 'I'hisy urs Inuoc.'tit ot ii.jtv crime, but they have informatlnn which ls Importnnt and absolutety noceasary. Ani>a.viii<? 11 n I.ettcr. It wlll bo proVon almoBt beyond a ahadow of a doubt that Fnnnlo I'ope performed tho oporntlon on Mary Mnr phy, and that the young glrl went to her twlce. Mayor Ulchttrdsoii has ro celved nn anonymoua coiuuuinlcatlon from Bome person, who stutod that lf tho young glrl's mother, from her far uway home In Ireland, coutd havo looked back acrost* tho seas on n cor taln nlght, nho would huvo seen the butchcry of her daughler. Sho would have seon that daughter go agaln to that dnrk and Bllenl don for rollof from the nlmost Insufforable paln. 8be would have aoen thlnga that would have racked her very houI. All thls and more wlll be hrought out to day. Th* sad Btory la complete, nnd it romalns now only to fasten the crime dlrectly and wlthout a doubt 011 the ahouldera of thoao who are ro nponstble. A reward for thelr appro honslon and conviction la atill out. Tha pollco have practlcally finlahed. They want now only the dotalla. BecePtlon to New riwtor. Tha n?v. T. D. Merrltt, the r..-.TT pasim of thn Hlghlaml I'ark Mr.llmdlat Churcli. war> tenderoii a receptlon by tha rnembeia of hla congregatlon yoHtorday evenlng. Th? cliuich waa decorated for tha occaskm and a tnualcnl progrnm waa rendored. After . ahort artdresa by the paatnr refreahmenta wera itrvad in tha lecture-room. Mr. Mer rltt mmci to hla new chargo wlth the hlgh ?!l rccominenrtationa, nnd luis alri>ndy made a irojt favornbla Impreaalon. Company C Kl?*rta Offlrera. Flrat Meutanant Wllllam A. Htacl: wai laat nlght eleoted cuptain of Cornpanv II I'ltal Vlrglnla Regiment. To tho offlce varnted by him former Tlr.it I.ieutennnt Lnther T. Matthews waa eleoted, Second Llautenant Hncad nnt offerlng for ihaplace, Captaln Ohariti U, Wallaee, ot company 0, piealded over tha maotlng. Tho company Wlll be Inapoetad thla evenlng by Colrmel Chnrlet A. Dempsey, of tha l.'nlted Slatea Army. To Have X*Hr Trlal. Tha Suprema Court yeatorday granted > wrlt of arror in lha enm of Elljah Wrlght agnlnat tho Commonwenlth, from the C'lr cult Court of Dlckenson county, Wrlght waa convictod of tho murdcr of Wllllam Syi hera and waa lantencad to hanK 011 Ni vi'ii bar :7th. Oovernor Swanaon granlol tha prtaoner n reaplte tintll he eould get hla caae baforo tha Hupreme Court upon a pe tltion fur a wrlt of orror. Oyatera Plentlful. Seeretary H. Wllklns Mathawa. of tha Slata Flahartea C'omralaslon, nrrlved ln the elt> yeaterdny aftomoun. and Is atopping at Mcrphy'a, ->ir. Mathew-s cimt over from hla home In Accomac to look after tomt offlclal buainoaa at Hampton, and having trni.aacted thla ran up to Illchmond to spend tho night. He aaya oyetara ara pientlful this year, thougrh tha prlces are not aa good aa they mlght be. Svrltier Hult on Trlal, Trlal of th* ault of Jacob L. Swlner acalniu the Chesai>eak? and Ohlo Railway Company for damagee ln tho aum of }2O,G0J waa begtin yesterday morning ln the I.aw ar.rt Kqulty Court. tfwltzer clalma compen eatlon for lnjurles r*c?lv?d whlle unloadlng heavy freight from a car of the rallroal ccrapany whllo In Ita employ. < ??nmiiN?(r,|i at Uunvllle The membora of the Rtata Corporatlon Commlaalon went yestsrrday to Uanvllle, When tt hearlng waa iriven ln the rue ot tho Buard of Supervlaora of I'lttaylvanU ccunty agalnat tho Houthern Raltvay. tt aeemi that tho aupervlgora are aeeking to requlra the company to keop la rcpair an ovcrbead brtdge at lancey>li:c a statloa r.oar Danvi-It;. The membora of th? com mltalon wlll return here to-day. Oo\-*rnor tuuldn't <Jo, Oovernor Swanaon waa detalned In the rlty -. eeterday by otllclal bejalneea, and waa ti.ctefoie unable to attend tho maettng of automobtle ownera ln PeteraburB. Sec rotary of tho Commonwealth V. Q. Keglea toi. and Hlgrhway Cominisaloner r. Bt. Jullon Wllaon wero among the State offlclala who went over wtth tho party from Klchrnond. M.inv Optnlona To-Uay. It la axpeeted that the Hupreme Court ?vlll hand duwn a large nurnbtr of oplniona to day Xone were hanrted down on laat Tbursday, owlng to the fact that it waa Tbatikaglvlng Day. The court wlll probably adjeurn to-iuorrow to reconvene after tho Cbrtatmaa holldaya. AVrlt of Krror Grnntcd. The Hupreme Court yesterday granted a wrlt of error In tho caae of llaltdley'a trus iecK Agalnat R. M, Ward and others. from the Clrcull rourt of Alexandrla. Tho llil apjtlon Involvea iha adminlatratlon of a $;50,ooo legaey left by Handley 10 the clty of Wlnchcater to found a llbrary. ?Iiidgo Deairanutrd. Oovernor Swanaon yesterday dealgrnattd .ludge Krank 1'. Chrlatlan. of the CorpojattlOrt Ccurt of Lynchburg, te hold ,v part of the JDeccmber tcrni ot the Ctrcnlt I'otirt of AVaahlngton county for Judge V. B. Hutton. The caae In which Judje Chrlatlan wlll slt wlll be called on Docem'uer Hih. Clty Tn>a In I^irgr Sum. Clty Treasuror Jamea B. I'nco yenerday pald into the State Audltor's oltleo ihe auiu of $100,000. Thla wna on account of State ta\es collocted ln the clty for the ycar 1908. Judgment Kotered. Judgment was ontered ln the I^aw and Eiqulty Court yeaterdny in the ault of N. W. Hare against R. E. ("Jregory for f_300. Mr. Malsch ."Manoger. Mr. Charles II, Maisch. manager of the I'aii iiotel sliuc its opc-ning, has roalgnod il.ui poaitlon to tako chargu of tho Albu marle (,'lub as manager. Mr. Malsch wlll asbume hla new dutlea on December Tth. ailaa Hryiuit III. Misa Ituth Bryant, the only daughter of Pollcc ,Olflccr ltobwrt L. Bryant, la 111 in her home, No. 712 North Twenly-thlrd Street. AMcendi tbo Throtte. After this he was rellevod of hla dresa of mournlnu, clad wlth trtuch care in a dlmlnutlvo ltnperlal gannent embroldered wlth the ltnperlal dragon, His nurses performed this duty with groat attention and care. Thus ar rayed, the tuddling Jr:mperor aecendod the throne amid a fanfare of drums, bolls and flrecrackers. He made his way alone, nnd showed no need of as sistnnce that wllllng handa would have griven had hls little feot fallered. From the throne Pu Yi kowtowed to hls stepmother, the Dotvager Empreae Yehonalo. He then ro'celved the kowtows. while still on the throne, of all tho prlnces and offlclals present. He then desceh'ded from the throne and was airain clad ln hls little dreus of mourn Ing. >Hkh Viinlii tliii'rix, MIbb Maria iiarris plled yesterday afternoon at 0 o'clock at her rosldenco, No, 202 East Miiln rjtreet, after a loh? tllnesa, Sho was tho daufthtev of tho late llllary and Phebo Hobaon llarris, of Powhttton county, ftnd Ik Hurvivcd by one Blster livlng in thls clty an.i two hrothers, holh of whom reside i:i Loulsvllle, Kv, Sl>e had been a rea> t.iont of thla clty for tiilrty yeara, The funoral wlll be held frpm tha house to-rnorrow at 12 o'clock. Jolm J, Wilton. John J. Wilton, aprcd forty-elght yeara, dled Tueadnv at 8 o'clock. ..t No. 1f>03 Beverly Street. Thn funeral vvill tnlie iilaca from St. I,uk"'s Church ut lutlf paet 3 p'clocl; this afternoon, Fuiipi-.'iI of Jiged ?'o!ured I'ttator. The funernl of the Rpv. Branc'i .lack.son, aged colorod nastor of the nothlchem Baptlst Cliuccli. will t.-ilce riacc nt 'the Fourtli BaptUt Churoli tcoloredi tlils mornins at 11 o'clook Tho funernl sorinon wlll be preacha.l by the Rev. Iv. H. Payne, aaaiotfld Ij.v the niemhers. of the colorod B:ii>t!-,?_ Mlnlstors' Conforjenco of tlila clty. Arllmr A. IIuiiKn, CUATUAM. v.v, Deeembei' :'??Ar lliur A. Ilauk:; ilicd at the. horui Q.f hla fatlier, Qlravd ilanlce, near Doalgn, pjttsylvapla county, Moiulay afternoon; lollowiiiK an. IVI?08H of ono nuinlii. He was born ln this county about twenty ftva vaava IMKO tmt lOllf.h of thla Uf*i Every Man Read This Thls treatment la aald to have ncqulred a wonderful reputa tlon throughout thn East, owlng to Its pocullar propcnslty to for tlfy tho nerve force and genorate health and a consequent personal mngnetlam, ?o casentlal to the happlness of evory normal human belng, lt ls clalmod to be a bioss lng to those who are phyalcttlly impalrcd, gloomy, dcHpondent, nervoua, and who havo treinb llng of the llmba, dlfcziness, htart palpltattoh, cold handa and feet, Inaomnln, foar wlthout eause, tltnldlty ln vonturlng and gen eral Inablllty lo act ratloually as othcra do. AIso of vast benellt to wrltora, professlonul men, offlce worksra and tho victlma of socl ety'a lato hours and overlndul gi nce ln wlnes, llquors, ctc. Ily preparlng the treatment at home' sccretly, no one neod know of an'other'a trouble, whllo tho Ingreillotits are much uaed ln flll ing varlous prescriptlona, so that ?V n tho purchasf of them sepa. rately need occaslon no tlmldlly. lf tha reader dectdes to try it, get three uiincea of ordlnary ?yrup aarsaparllln compound and one ounco compound tluld balm v.-ort; mlx and let stand two hours; then got one ounce com? pound essenco cardlol and one ounco tlncturo cadomer.e; mlx all together, shake woll, and take a teaspoonful after each meal and one at uigi.t. Thls contains nn oplates what evor, and may also be used by women who suffer with thalr nerves wlth absoluta certalnty of prompt and lantlng beneliu. had been apent In Dnnvllle, where he was engaged tn thu Rlveratde Cotton Mills. He waa a member of the Rol Alen and Junior Order of L'nlted Amert CU1 Michanlcs. Ho ls aurvlved by hla fatlier uud ti.o fuiluwlng brothcra a:.d alstera: L L, Churlvs and \V. P. tiank*. of Danvlllej T. 1? John lt. and J, C. H&nkJt, of Plttsyivania, and Mrs, Mary iluylor, also of the county. Kuneral Srrvlem. [Speclai to TheTlmei-Dtapateh.] AJjKXANDRLA va., December 2.? The funoral of Mlas Kate K. Prtce, als ter of Clty Audltor E. F. Price, wQl take tolace at 11 o'clock to-rturrro-'. murnlng from her home, 118 North yUfred Streot. ' Fanrriil llrld. [Speclai tu Tho Tim*?-D:spa.teh.l Char.. .;rie, who died of pneu monla was bur:ed "yeaterday at Kbe nezer Church, ln Randolph county, near hls home. Di-nlli of lufnnf. HF The of R bui li I ar 3.? Itmai . tt ? [Speclai lo The Tlroei-Diapoteh.J SPOTSYBVANIA, VA., December 2 Henry !' Roae6n. 6t Spotsylvan county, .ti'-d :n Balti::i'>r- '?:> '-''' ??' of pr.cumonla. aged thlrty-rtve y?-ai He "ls aurvlved by three elaters, oi orother and hls inoth?-r. Mr. 1:?'? ?-? v. as an employa of tha Pemnaylvan Raflroad Company. Ilrv. TUomnn I)|rtteu?. [-?peclal to The Tlmos-Dlspettch,.] GLADKtiBORO. VA-, D< [>..-. Tl omaa Dlckent, ???? ? ? i:. . Mr. inck.-iii waa on*1 ?-?! the for, ?i,..-? Prlmltlve Baptlat preaciicra i Mr?. Rntley I'hllUp". r [Speclai to The TlmfS-TJiapatch.1 HAMi'i'ON. va.. Deci mber 2; BalU-y Phtllips. slxty yi In her home in Poquoaln, to-day. She la ?utvlvefl band and three chlldrcn. -Mrs. old. died rk county, her hua ; IN MEMORIAM T\; t BY.?In metnory of our loved one. CBARLES II. TAB1.KY, who passed away December 3, 1307. One less at home: TJ ?? charmed clrcle broken. A d?ar face mlaacd day by day from his aooustomed place, but cleansed and .saved and porfected t>> gracc. One more ln lleaven. J. B. T. AND R. T. T. DEATHS HARRIS ?Dled, at her residenco, N". "W Baat Main Street, December 2d, at'a P M., after a long lllnesa. Miss UAKIA HARRIS, ETuneral servtcos from tho hnus* at 12 o'clock FR1DAY. Interment ln lfollvwood. ? ' By request. no flowers. ? RICHARDSt-blea, Noy?m^r^4TneaT; Baysld", tfew York. MARY WII HMi. Wldow o A. G. Richarda and daugh? ter of Ihe late Robert Edmond. oC Rlchmond, Va. 8PUKI.OCK. the Slck, i d. at the Retrent for iibor lat, at G o'clock, CK who for seventeen veairs ~wa> a falthful servant and frl.Mi'd m the famlly of Mr. J. Temple. Funeral at tho Flfth Street color ed) Church THIS (Thursday) AF TERNOON at 2 o'clock. WIL.TON,?rdod.'Decrmbcr 1, 190S, at 8 ov-lock P. M? at 1603 Beverly Street JOHN J. WILTON, agfd forty-elght 'Tho funoral v/ill take place from St LukO'a Church. comer Washlngton and Beverly Strceta, at half-paat 3 o'clock THIS (Thursday') AF1ER NOON. Frlonds nnd acquaintances are Invlted to attend. Hondnolics nnd PTcuralKla rrom Colda. LAXATIVE BBOMO Qulnlne, tho world wldo Cold and Grip remorly, rcmoves eause. Caii for full name. Book for slgnature F. W. Grove. 25c. rM ^O 1 Wi Efc may be from overworlc, but th'j chanccs are its from an in V/ith a Avell conducted LIVER ono can do mountains of labor v.'ithout fatjgue. II aJt?s a hundrcd pcr cent to oncs earnlng capacUy. Ic can be keptln healthfulactlon t>v?aud oaly by TAKK NO SUB8TITUTE.