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THE TIMES FOUNDED ISM.
THE DISPATCH FOUNDED IN 1850. WHOLE NUMBER. 18,495. RICHMOND, VA.. TUESDAY, JANUARY i?, 1?.1.1. THE WEATHER TO-DAY?Fair. PRICE TWO CENTS. E 0ESP1TEJIG RAIN Reports Read at Annual Meeting Show Over $11,000 Clear Profit. DID THAT, TOO, IN ONLY THREE DAYS1 Samuel H. Marshall Succeeds! E. B. Sydnor as Director, Page and Patterson Being Re Elected?May Change Date of Next Exhibition and Extend Over Week. After paying off all back debts, the Virginia State Fair enters on another year of itrj existence with the brightest prospects since Its organisation, and with a good surplus for 1911. All thoso thlngti were brought out at tho annual meeting held at Murphy's Hotel labt uight, when the annual report was read and plans for the future dis? cussed Nearly all local members of the as? sociation were present, and with proxies l.r.?? shares were represented. / Ooe ?vr Director. The meeting was one Of the most harmonious ever held by the asso? ciation, and speech after speech was made by the stockholders commending the work of the directors and otllcoi'S. The terms of [>gh |i, pogc, M. C Pat? terson and E. n Sydnor. of Peters? burg, as directors of the association, expired last year. Messrs. Page and ! Patterson were re-elected, and as Mr. j Sydnor would not stand for re-election. ! Samuel II. Marshall, of Albemarle! county, whs unanimously elected Inj his place, 1 Most Interesting, however, of all the J things that came before the meeting was the report of the auditing cum- \ pany which went over the accounts for the year Just passed. Its Income,I statement Is as follows: Income. Entry fees .t R.61G ?l i Concession fees . 17,228 60 Admissions . 40,16(1 ','U I Attractions . 279 r,? j Miscellaneous . 770 r?S j Industrial Hall operation ... ."?.t'",o lt| Item of grounds . 1.IS3 ou i Total .$79,901 SO I i:\penilltnre?. Premiums., nurses and ex? penditures .I2*.i.i57 4t j kabur :.....*.:.. firltl 23 incidental operating ex? penses . 1,215 0| Special attractions . '.',:iSr> 0b j Publicity . 3.0?:. S:: Concessions . 1.750 12; Miscellaneous . 907 77 j Industrial Hall operation ... 7SS 31) fristtranee . l.ino 7s i Care uf grounds, et,. 'J.ijOO OS j Office expenses, salaries . 5.1-.7 r,;| t.< gal expenses . sit 10. Interest . 461 67 j Kent of grounds to city . 2,420 20 j fcundry Items, exhibition, 1&09 . 190 03 i Total .$68.092 9S The prortt. therefore, to surplus ao count was $ 11 .S0S.SS, with a surplus as of December 20 amounting to; $$,060. Made In Three Hayn. The profits on the last exhibition rep? resent only three full days, <ib Monday hardly ever covers the running ex? penses, while the last two days of the fair, because of had weather, wcro j operated at a great loss to the man- : agement. Several of the directors d'd i not hesitate to say that had the resi of the week been favorable the re? ceipts would have been doubled. In opening the meeting. President Henry Fairfax spoke a word regard? ing the place that the Virginia Stale Fair was taking among the big events of the kind throughout the country. Called It the Best. "I have recently returned from the International Horse and Cattle Show." he said, "and it Is a fact that people from all over the country who have attended our fair told me of what great things they saw here. Without ex? ception tltey said it was one of th? greatest exhibitions in the country, and ?what seemed to strlko them most forci? bly was the great Interest taken by the -pectators lit the live stock shows. I really don't believe, that you quite ap? preciate the goo,-i that the fair Is doing for the. State of Virginia." Mr. Fairfax suggested that in future the- management work out scheme ?whereby prizes for Virginia farmers; might be offered, m as to stimulate competition among the home people. Director J. T. Anderson brought up the riuestlon of having the fair last moro than a week. There was no profit on Monday, he said, and as Sat? urday Is get-away day, there is little doing then. He thought that the fair might run for about ten elnys to better advantage. He also suggested that the fair bo helel a week later, so as not to conflict with other large, exhibitions in the Last. He said there were only three fairs in this part of the coun? try that really competed in slita with the one here, and that by making the; exhibition here a week later there ?would be no conflict of dates. The others, he said. we;re too small to mako any appreciable difference. There was some dlscusslein of these propositions, but the stockholders finally decided to leave it all to the executive commit? tee. I'rotest on Ilnr License. Shortly before the meeting adjourned W. O. Mnhonc asked what revenue the fair association derived from the sale of Intoxicating liquors. He hoped that hereafter the sale of such drinks would be discontinued entirely, and paid that ho Intended to enter protest Director Samuel Collen explained that the revenue froth this source wna $5,000, but added that most of thoso seen drunk em the grounds got Iheir whiskey before they left the city. S. " T. Atkinson substantiated tho atate ments'of Mr. Cohen and cited the fact that'he had seen more drunken people at tho aviation meet, when no liquor Fc?ntinued otTSccond Pago?) HAS "COME B?CK" Whips Insurgents and Forces Democrats to Change of Front. SHREWD MOVE PUT TH ROUGH House Sustains Speaker on Iden tical Ruling on Which, Last March, It Tore Away His Power?Democrats Vote Almost Solidly for Him. w nniiiiicimi, o. ('., January II.?> Speaker Cannon bm] hin hour fit triumph In the limine to-day. Until; battered in the three days' storm uml ntvrpt the lluune Innt Mareb mid tore from lilm iiiueli <>f tl>c poiver ttint hnd lieen hl?, the Spvnker "i-ninc tinck'' In a ?Ii; thnt brought u grim smile lit xnt Inf Out loa to bin rugged countenance "ml left hi* niieleut eueinlcx, the In Nura;<*ntN, decidedly dlNcomfltril. To-day (he Speaker was sustained t>y an overwhelming majority on a ruling Which was identical With the one he inudc last March, when the House angrily overruled his decision through a combination of Insurgent Republi? cans and HemocrutH. To-day, on the eve 01 ..eir return Id power; the Oeino mats voted almost solidly to sustain the ruling of the chair. The Insur? gents? twenty-seven of them?s by iiieir guns and fought the Speaker bravely. Hut. robbed of Democratic support, their battle was a losing one from the start. Shrewd Manoeuvre, It was the shrewdest political manoeuvre of the present Confer"-**, und the Regular Republicans were elated over the results. They taunted tins Democrats unceasingly lor then change of front. Taunted lor his Inconsistency, Repre? sentative Fitzgerald, of New \ork. on., of the Democratic leaders in the rules light, retorted that for the sake of! consistency, tie didn't propose to be I foolish. When Champ Clark, of Missouri, slated to succeeu Speaker Cannon, ! voted to sustain i..c chair to-day on i the fame point of order which lur nlshed the hasls for the successful In? surgent campaign of last March, toe Republicans broke Into storms of ap ina use. ?Representatl\e Underwood! of Ala- | *iama. Joined Mr Fitzgerald in frankly admitting that he thought the Speaker was sight In his ruling last March, ana that lie ruled In 1111 < with the prece? dents of the House. "But," sil'd Mr. Underwood, "we voted to overrule the Speaker, because ire thought the time had come for u rev? olution and for the majority of the House io express Its will. At this time there was reason to believe that tho RuH? Committee was attempting to obstruct U-slslation. No such condi? tion exists to-day, and consequently there will be no revolution." ?Then, when you voted to overrule the Speaker, you admit you engaged Iii an unlawful enterprise," snapped Representative Mann, of Illinois. "it was not unlawful: R was nec? essary," Interjected Mr. Fitzgerald, Tho Insurgents refused to be down? cast by their defeat. Twenty-six Dem? ocrats voted with them against the Speaker, and they claim that these Insurgent Democrats will be their al? lies in all future nghts. ?'I'uPp.vcock," Snj? Clark. "Poppycock." say; Champ Clark, when tuld of this. "Every man voted as he pleased. That was my advice to them. The vote had no significance whatever as a party proposition." Representative Sims, of Tennessee, a Democrat, contributed some to the de? bate by declaring that he was amazed at the statements of soma of the lead? ers on his own side that they kne*v the Speaker was right last March, but voted against him. 'I am one of the ignorant, who be? lieved that the Speaker was wrong thin and that he is wrong now. And I would rather be ignorantly honest than knowingly dishonest." he declared. Representative Hardy, of Texas, took Mr. Sims to tusk for employing such harsh language. He said the whole truth was that Mr. Sims didn't believe In false pretenses, and neither did he. It was on the point as to whether or not a proposed amendment to the rules, offered from the. floor, constituted a question of high constitutional privi? lege that tlie storm broke, it was pre? cisely this question that called out the revolution of last March, when Representative Norrls, of Nebraska, of? fered an amendment to the rules pro? viding for a Rules Committee of fif? teen members, to be elected by the House. Instead of three members, ap? pointed by the speaker. Speaker Cannon ruled the Norris resolution out of order. To-day Rep? resentative Fuller, of Illinois, offered n resolution amending the rule relat? ing to the discharge of committees from the consideration of hills. It was purely technical. A point of order was raised against it. and the Speaker, declaring he would ignore the prece? dent set by the House last March, when It overruled his ruling In the Norris case, held that the Fuller resolution was not privileged. An appeal from the chnlr was Immediately taken. It was taken by a Regular Republican, Mr. Galncs, of West Virginia, who de? manded a yea and nay vote. The Speaker whs sustained by 2.13 to 53. How They Voted. ?-? Those voting against tho Speaker w:ere: Republicans, l'7?Cary, Wlscons'n; Cnssldy. Ohio; Cooper, Wisconsin; Davis, Minnesota; Fish, New York; llauger, Iowa; Oood, Iowa: Hayes, California; IIlri9haw, Nebraska; Hol llngsworlh. Ohio; Howland, Ohio: Ken? dall, Iowa; Klnkald, Nebraska; Kopp, Wisconsin: Kusterman, Wisconsin; Ixtnroot. Wisconsin; Lindbergh, Minne? sota; Madison, Kansas; Miller, Minne? sota; Morse, Wisconsin; Murdock, Kan? sas; Nelson, Wisconsin; Norris, Ne? braska; polndexter, Washington; stern (Continued on Second Pago.) M rs. M artin PleadsGuilty and N o L ight Is Shed on Case. MRS. SNEAD MAY NOT BE TRIED With Conviction of Ocey Snead's Aged Mother Sensational Trag? edy Practically Is Closed and Facts Surrounding Girl's Death May Never Be Known. [Special to Tliu Tlinos-Dllpatct.] Newark, N. J.. January 9.?After a sensational scene In the Court of Oyer and Tormlner here to-day, Mrs. C.iro > line H. Marlin, charged with the tnur < der of her daughter, Mrs. uccy iL j Sliead, who was found dead In a bath j room in Last Orange, withdrew her : plea of not guilty and pleaded non j vult to a charge of manslaughter. ; By thib plea. Mrs. Martin declares in the ci i.'i. of the law that she dues not know whether or not she killed I her daughter, and that If she was tlm means of her daughter's death she was unwillingly so. Iteinaiidcil for Senteuec. Mrs. Marlin win remande'd to Jail to await sentence, which will bj pro? nounced Saturday. It is understood i she will not he tent to Trenton prison, I because of her (ige and lulirmttlos, a id I that probably she will he Sent to swinu institution where She may have iheril eal treatment, perhaps the reformatory at Hahway. The agreement to acci.pl a plea of non vult lo manslaughter iyas reached after a conference between Judge Men Lyck and counsel for Mrs. Martin, Mrs. Martin herself, and counsel for her sister. Mrs. Mary Wi Snead. who also ; was indicted for the murder. It is 1 understood that the Indictment against I Mrs. Snead will he quashed, and she will be released from prison. 1 j When Prosecutor Wilbur A. Mott ex? plained that the State had agreed to the new plea because the ends of Jus? tice wouid be fully met and because of the age and infirmities of the prisoner, Mrs. Martin. Jumped to her feet. "1 p^ad to loVultihlary man? slaughter, sir." the cried. ? -lanslaughter, please ma'am," sold the prosecutor, turning toward the wo? man. Judge Ten Lyck informed hoi" i there was no such plea In the practice of the Now Jersey courts. "1 never did anything to my daugh? ter!" she cried, waving aside her black veil. "What docs manslaughter mean'.' Loes It mean that I have slain my pretty litt!.- daughter. Ocey?" Judge Ten Kyck aked her If she con? sented to the plea. She nodded her head as she took her seat. WnntA to (iu Home. "Now, may 1 go home?" she asked her lawyer, pathetically. The consta? ble went to her to escort her back to prison. As sho arose- she turned and addressed court, spectators and law? yer's: "You men may understand this." sue exclaimed, 'but I do not. 1 never saw 6Uch creatures as the men of New Jer? sey since God first made man. 1 would rather go to the electric chair ten thousand times than suffer this hypoc? risy any longer." She told the constable she did not want to go with him. but submitted to being led away. Her sister was then brought from an ante-room, and the two women were remanded to jail. The closing of the case with the commitment of Mrs. Martin to some in? stitution leaves the bathtub mystery of Hast Orange still unsolved. Plea n Compromise. [Special to The Times-Dispatch.] Bristol. Va.. January '.<.??Although she entered a plea of non vult, wltl) a view of accepting a sentence for invol? untary manslaughter, Mrs. Caroline B. Martin does not confess the killing or her elaughtcr. Ocey W. M. Snead, tho Last Orange bathtub victim, according to Judge Archer A. Phlogar, of this city, attorney for the woman. Jtidgp Phlegar explained to-night that Mis Martin has not confessed to tho mur? der, but that her idea amounts to an admission of gross carelessness, with? out criminal lntont. He says that she most likely will be committed to an asylum, as evidence- will now be taken as to her sanity, with a view to deter? mining the sentence by the trial judge, or whether she shall be confined in a prison or an asylum. Summing up the case, he describes tlie plea ns a com? promise. Tho women formerly conducted a school at Mnrfreesboro. Tenn.. nnd are from Chrlstlanshurg, where their aged mother now lives. HIS LIFE THREATENED C'ongrcssiiuin Koelker Sought by lau - inles of Knee Truck Legislation. Now York. January 9.?Threats upon the life of Congressman Otto Cl. Poelk er, whose vote, when State Senator tn 190$. resulted in the passage of the Agnew-Hart antl-gambilng race track bill, were brought to light to-day by the arrest of two elderly men for loi? tering In the vicinity of Mr. Foelkcr's home. In Wllllamsburg. Tho prisoners answer the description. It Is said, of tvyo men who attempted to enter Mr. Koelkor's home by means of a rope ladder early last Wednesday morning, while ho slept. An alarm was given by Mrs. Emma Berge.r, at? tending the Congressman's aunt, and the men fled, leaving tho Iaddor be? hind. Mr. Foelkor declared to-day that lie -had received thirty threatening let tors slnco the passago of the Agnow I fart hill. Tho epistles all contained the threat that he would suffer for depriving many persons of their means of live? lihood. _ STOP THAT COUHII NOW With utcan-. Bronchial Troches. PRINCIPALS UN "SLOW POISONIMG" TRIAL ?lohn O. Schenk, mllllnnnlre park pncker, or Wheeling-, \V. Vn., nnil hin' n-lfc, ii hum be aecuaeN of necking hl? j life by nloiv nrncnlc noKonlnc, nuil ?rhu ! In mm on (rial. I( ?jvaa through nil j InmlTertcut nilnHnnlon hy the etiler of the two children that the first clue ?van oblniueil to the cniine nf the myn terloiiH lllnenn which wiim killing the tut her. Chesapeake and Ohio Railway Company Loses Suit in Court of Appeals. MRS. M'KELL PLAINTIFF Breach <>i Contract Made by Former President Ingalls Is Alleged. (Special to The TlrrK.s-Dispatch.l Cincinnati, O., January 0.?The Ches? apeake! and Oh'.o Railway Company losi it* suit to-day In the United State* Court of Appeals In Cincinnati, In Which Mrs.'Jean McKell, of Chillcothe. j was the plaintiff. This suit has been contested moM | than three years In tho United State? | court;, and many Judges have heard: It In its different phases; Inasmuch j az the suit Is for $3.000,000, claimed j by Mrs. McK.t-11. she said months ago, that she would tight the i cad until her death, and that it must pay the ? obligations she claimed it owed her: dead husband. When the suit was started several years ago by Thomas J. McKell, It was i for ?2.r.00,000. but the Interest on this j money has grown so rapidly that It Is j now said to be worth more than $3. 000,000. Governor Jndson Harmon, ol j Ohio, was one of the attorneys in the> case, and he appeared here last sum? mer as attorney for t'.ie defendant com- j pany. Suit on Contract. Figuring in the case is an alleged1 contract between the late Thomas J. McKell and the officials of the Chesa? peake und Ohio Railway Company, principal among whom was the then president. M. B. Ingalls. In this con? tract Ittgalls is saJd to have agreed to take all the coal that could be mined from a tract of Jj.O.'iO acres of West Virginia land. The Chesapeake and Ohio officials denied that there was any contract, and claimed that therol was no authority whatsoever for the making of such a contract by Mr. In? galls. On both these points, the Court of Appeals to-day reversed the decision ???f the lower court and sent the case buck to that court for retrial to lix the amount due to Mrs. McKell. Mrs. McKell says that this contract was entered Into in ISO?, and that it was made by her husband and Mr. In? galls. The alleged contract has never heen brought into the case, although Mrs. McKell has much evidence In the way of correspondence between the two men to prove that this contract once exist? ed. When the case was tried in the low? er Fedcrol courts here. Judge John E. Slater rendered a decision holding that the correspondence between Ingalls and McKell could not be accepted as proof of the contract between McKell and the road. On this point, he ordered that the case should be dismissed. The suit has been ponding In the courts here for u long time, and had been almost forgotten until Governor Harmon came to Cincinnati to argue the railroad's point. To Develop Coal laindn. The McKell deal was for the develop? ing ofentlrely new coal lands. Mc? Kell began the work on tho alleged understanding and agreement with In? galls that the road would take his coal. In a short time the Chesapeake and Ohio refused to carry these shipments , and McKell had to throw up his en- ' terprlse. Ho brought suit against tho ' road for the money ho claimed was elue him. and after his death this liti? gation was carried on by his widow. ? Judge Holt and M. Hensohgood? are the attorneys for Mrs. M?Kcll, "and they said to-night that she would got between $3,000,000 and $3,260,000 as tho money duo her from the road. LACKS KNOWLEDGE Governor of Arkansas Would liave Had the Ceremony Postponed. SECRETARY MEYER EXPLAINS Makes Reply to "Acrimonious Communication'' From the Westerner. Washington, D. C. January 9.?In re? sponse to what he characterized "a rather acrimonious communication from the Governor of Arkansas," Secre? tary of the Navy Meyer issued a state? ment to-day explaining the Impracti? cability of postponing the launching of the battleship Arkansas, In accordance with Governor Donaghey's suggestion. Governor Donaghey complained In his letter that the Navy Department Ig? nored him and the officials of tho State of Arkansas In the preparations for tho launching of the Arkansas, and charged Secretary Meyer as being; "guilty not only of jrtoss discourtesy to the repre? sentative of a sovereign State." butt that he had "subjected himself to criti? cism that cannot be adequately ex? pressed In an official communication from the representative of a State to an officer of tho Federal government." Secretary Meyer, in his statement, regrets "the misunderstanding undei which the Governor of Arkansas seems to labor, and hopes that, tho Stato will find ample opportunity later to express its appreciation of the act of naming the battleship for that State." Governor Donaghey has announced ttia.t the. State will take no further re? sponsibility for the ceremonies of Jan? uary 14. Secretary Meyer believes that Gover? nor Donaghey Is unfamiliar with the customs surrounding the launching of a battleship, and declares that the Navy Department Is "merely an intermediary between the shipbuilding company and the Slate or city for which n battle? ship Is named." In the matter of ob? taining a sponsor to christen tho ship and the attendant ceremonies. Secretary Meyer asserts that when he was no tilted by the New York Ship? building Company that the battleship Arkansas would be launched on Jan? uary 14. ho Immediately telegraphed Governor Donaghey to name a sponsor. The Governor replied that "on con? sultation with Senator Clark, we have decided to perform tho christening ceremonies after completion and befora the battleship Is put Into commission, , adding that too short notice had been received to make arrangements for the launching. "As It was Impossible to postpono the launching and the christening of the battleship,'' says tho statement, "hecattse the launching of a largo ves? sel must take place before the. arm,if of a ship Is put In place, whllo she Is ? light, nnd when the contractors aro i ready, the Navy Departinont communi? cate'' with 1'teprescnt.itlvo Maoon, of Arkansas, a member of the Naval Com? mittee nnd the only representative of Hie Arkansas delegation who could bo found In tho city. Mr. Mu-cou's da ugh (Continued on Second I'ageT) JURYISSECUREDTO TRY MI SCHENK Taking of Evidence in Sensa? tional Poisoning Case Will Begin To-Day. DEFENDANT IN COURT She Appears in Stylish Attire and Shows Much Interest in Proceedings. AVhcellng, W. Va., January 0.?A Jury was selecu-d on the first day of the trial of Mrs. I^aura Farnsworth Schenk, of this city, who Is charged with administering poison to her wealthy husband, John O. Schenk. Af? ter calling two panels of talesmen, the twelve men who will hear the evidence were decided upon just before adjourn? ment of court to-nlghi, but not before the State had struck off two and the defanse six of tho panel of twenty. Mrs. Schenk, In stylish attire, had been brought from the Ohio county jail to the courtroom, and showed great Interest In the examination of tho pros? pective Jurors. She frequently sug? gested questions to her counsel. Sev? eral times, following whispered consul? tations between Mrs. Schenk and her attorneys, business and social connec? tions of the talesmen and the Schenk family wore developed. Mrs. Schenk appeared satisfied with most of tho Jurymen, the mnjorlty of whom are young married men. The various talesmen were excused because of their positive opinion of the case. When the jury had heon Impaneled the attorneys made their opening state? ments to the. court. Tin Introduction of evidence will begin lo-morrow. Claim of I'roMeeutlou. In his statement Prosecuting Attor? ney J. B. Ilandlan said that the charge that the wife had actually succeeded in administering poison to Schenk wan the main point dwelt upon lie claimed that the State would he able to show that lea.I poison was first administered and that arsenic was later given. Schenk, he said, returned from Kurope strong and healthy In May. and with? in a few days tite effects of the deadly drug were noticeable. J. J. P. O'Brien, Mrs. Sehenk's attor? ney, arraigned members of the Schenk family, whom ho claimed had entered Into a conspiracy against the defend? ant, charging one of them with perse? cution of his client and refusing her admission to the city store of the Schenk packing firm. Throughout the day the court room was packed. The doors were finally locked anil admittance refused to hun? dreds. , Among its witnesses the State has summoned Dr. T. W. Mallet, of tho Uni? versity of Virginia, himself a Fellow of the Royal Society, and brother of Dr. Mallot. of England, chemist to the late Queen Victoria and also to the present King. Dr. f IIa/.er, of Johns Hopkins I'nlverslty. Is another witness. A number of additional witnesses were summoned by the defense to-day, most of whom are from Mount Pleas ants und Tyler counties, where Mrs, Bohenk resided during her girlhood. IN RESTRAINT OF Some PointExistsWhere It Becomes Contrary to Law. A RAPID FIRE OF QUESTIONS In Re-Argument of Dissolution Suit Against Tobacco Corpora? tion Justices Seek Basis On Which Government Would Have Case Advance. Washington. January It.?Where to draw the line between legal and Ille? gal restraint of interstate commerce was the burden of a rapid tire of ques? tions to-day in the rcargument before the Supreme Court of the United State's of the dissolution suit against tho American Tobacco Corporation. Be? fore they could be answered another fusillade of questions concerning what the Sherman antitrust law meant by tlte "monopolising" of trade had opened. "Generalities are very good." said Justice Day to J. C. McReynolds, ona of the attorneys for the United State?, "but It s.yms to mo that the govern? ment ought to have n*.i explanation now of what the law means by "monop? olizing.* " Mr. McReynolds had just resumed his argument when Justice Holme* asked: "Do you think that to buy out a man and make a covenant with him that he will not engage In tho same busi? ness in a certain time is unlawful?" Mr. McReynolds said that the Su? preme Court had decided that control of a major part of business was suffi? cient for the courts to act. and that tho business of the tobacco corpora? tion came within th? line of decisions laying down that rule. YVuuts Working Tinnl*. Justice MoKenna suggested that the court, In arriving at a decision, must havo a basis on which to work. IIa wanted to know on what basis tho government would have It advance. Tho attorney repeated that tho de? cisions of the court announced wero sufficient to decide the present case. "If I may say so, I believe," contin? ued Mr. McReynolds, "that the court will make a great mistake If It at? tempts to decide In this case ull thai tho Sherman anti-trust law means There Is a borderland out into which It is not necessary to go." Chief Justice White suggested thai where there was a borderland thera was a border. "Where is It?" inquired the chief justice. 'What Is your the ory of the law, I ask you, and you re? spond that your theory is that we have, decided this case in your favor." Mr. McReynolds said that his the? ory was that the law intended to pre? vent Interference with the free flow of competition in commerce between tho States, and that any combination that was sufficient to interfere with tho free flow was within the Sherman anti-trust law. He explained that ho had in mind a material and dlrecr obstruction of commerce. "Do you maintain that It takes 51 per cent, of a trade to effect a mate? riel obstruction?" Inquired Justlcp Day. "Tour Honors have hold that 51 per cent, was sufficient to come within the law," was the response. "If a com? bination of less la held by this court to be sufficient, that Is better. I do not believe that obstruction by two Mttla follows is sufficient." Justice Lurton wanted to know if he considered that "unreasonable" re? straint was meant by the statute. Mr. McReynolds replied that he did not; that 'material and direct" restraint, rather than ??unreasonable," wap meant. In reply to lb* chief justice. Mr. Mc? Reynolds said that he considered the law distinguished between restraint 01' trade by an Individual with millions lit his pockets and restraint by a com? bination of Individuals using an In corporateed firm. Have All Csscntlnl 131 erneut*. Mr. McReynolds concluded by stating that "If you want size us a basis, we have it hero; If you want intent, wo havo intent to restrain: whatever yon want, we have the essential elements in this case." After Mr. McReynolds concluded. Do l.an-'ey XL-oil opened for the defend? ants. Ho said lie would try to show that tlte dark and sombre colors In which Mr, McReynolds had painted tho defendants were not true to life. No increase In prices to the consumer hsd occurred since the organization of tho corporation, he said, hut prices of loaf tobacco had nearly doubled. The low? er court had announced, he said, that tho record was remarkably free from Instances of coercion and oppression.;. The arguments will be continued to-morrow and the next day, BULLET MISSES BALLOON Some One Takes Shot nt St. I.ouIh IV, Willie Pausing Over Kentucky. Scooba, Miss. January a. -Leaving St. Louis at 7 o'clock Sunday night with New York as Its objective, tlio balloon St. Louis IV landed here thl-a afternoon at r.:"o o'clock with Pilot j . Cowan H?lben and Paul .i. MeCul lough. After crossing Illinois Into Indiana, the high wind forced them south across Kentucky, Tennessee and Ala? bama Into Mississippi While cross'; lug over Kentucky some one tired i*t tho balloon, harrow ly missing the <"?? cupants, th" bullet passing , between; the bag and b isk, t. The Ural com--, iiiunteation tho aeronauts had with the earth afti leaving St, Louis wan nt Tuscaloosa, Ala., ?t noon to-day by megaphone. Pilot H?lben and MoOullough are both well and huavt.v.'