The times dispatch. [volume], January 17, 1911, Image 1

About The times dispatch. [volume] (Richmond, Va.) 1903-1914

Image provided by: Library of Virginia; Richmond, VA

                
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ENRIGHT DESERTED
Convicted by Courtmaiv
tial and Given Sixty
Days in Prison.
SMITH SUBMITS
RECORD TO COURT!
Government Witness Declares
War Episode Was Due to Fact
That He Was Victim of Offi?
cer's Spite?Kelly Case
May End This After?
noon.
"When I stated Saturday that I hna
never boon tried by a diumloj.nl court
martial for desertion front the United
States army, I spoke the exact truth,
declared Major M. .). ICnrlght yesterday
when lie uns recalled to the witness j
i-tnii'i in the ease of the government I
ofiiii?si the Phil O, Kelly Company, In- !
corp?rated.
The bulijccl, which was opened Satur
day by Attorney II. M. Smith, Jr., ol
counsel for the defense, wau renewed
yesterday, and it was shown that Major
Knrlght was tried by a general court
martial In November, ISC', and con?
victed of deserting his post while on
picket duty.
<lot Wur Drlinrlnirnl l<.it.
In a letter written by the Adjutant
General of the United .State- army, read
In court by Attorney Smith, It was
stated that Major linrigiu wan sen?
tenced to sixty days* hard labor, wltn
liull and chain. The witness, asked 11
tlio statement wan true, declared he
novcr knew what sentence was imposed
lipon him and that the only punishment
?lie revived was being kept in a guard,
house in Toledo. O.i for three weeks,
when he wax restored to duty.
Major iCnrlglit was the ilrsl witness
called by the defense yesterday nioin
Ing.
"Major Kurlglit," began Mr. Smith In
en even tone, while a hush full upon
the crowded court-room; "on Saturday
J asked you a question. I regret It be?
anie. In my Judgment, my duty id ash |
you. I stated that if I had > vor don*
you eii Injustice, 1 would very cheer?
fully undo It. I want to tlnd out now
Whether I have done you any Injustice.
I ijeo from a paper of Sat unlay after?
noon thai you said > uti belonged to
Company If, Ulth Regiment, Uhlo in
fanny Volunteers. That 111 true. Is It?'
"Yes, sir." wan the calm response of
witness; though he was plainly agitated.
Shnrp Kxnmlnnlloii.
Mr, stnlt'i resin.1: "Are you tlw]
Michael .1. ichrlght who was enrolled I
at Toledoi Q? In the United States Ariity
In August, l so;'.'"
"V..S, sir." !
??Were yon IllUStCI Cd Into servk'O
about September "., iS6,_'?"
"August i_\ i think."
"Von served three years, did you?" '
"C served until June 2G, 1S65.'* i
"Were you ever on duty lit Howling:
Green,' ky?"
"Ves. sir."
The steady und more or less sharp'
examination by the lawyer aided to the:
nervousness of Major Knrlghl, but he!
continued to clearly and quickly an
Hive;' all questions. t
?'Now. I ask you this." continued Mr.'
Smith, whose manner was smooth until
unruffled. 'About November 10, ISO'.!,]
were you not found guilty !.-,? a general]
court-martial of quitting your post in
the presence of the enemy without
being duly relieved after having been
duly posted as a sentinel; and If, at
that court-martial; were you not con?
victed, found guilty, sentenced for
sixty days, and to wear a hall and
chain?;'
Though his fare was flushed and IllsI
voice slightly unsteady, Major Knrlght!
replied: "1 never knew what the son-'
tence was; 1 never hoard It until this'
moment."
llenil Letter in Court.
At this Juncture Mr. Smith produce i
and read a letter, forwarded from aiij
attorney In Washington, who secured
It from the War Department on Satur?
day to be used In tills rase. It follow-:;
"In response to your personal re-j
quest of to-day for a cast I fled copy of a I
record showing that Michael .! Knrlght.l
Company II. 111 lh Regiment. Ohio 111-',
fahtry Volunteers, was tried and con?
victed by a general court-martliil <<f
haying deserted his post while on
picked duty, und was sentenced to ha]
confined for sixty days at hard labor,
?with ball and chain, said certified copy j
bolni; desired for use In n ease now I
ponding In Ihc United States District!
Court at Richmond, Va.. 1 beg leave to
?ay that the olllclnl rocords show that
this man was tri. d, convicted and sen?
tenced as staled above. A duly ecrtl
fled copy will be furnished to you as
aoon as possible, but il will he lmpos-j
?lhlc to furnish It .";fore the Irtlh!
Instant."
This letter was signed by Adjutant
General P. C. Alnsworth.
Admits i'npcr 1? (iirrccl.
After reading the letter to the court,
Attorney Smith asked the witness If j
the statements contained in il were j
correct.
"1 don't know about the sentence." j
?n I<1 Major Knrlght. "I never knew
what the sentence was."
"Were you tried by u court-martial?"
asked the attorney.
"I was tried before n court-martial.''
"Were you convicted?"
"I don't know."
"I>o you draw a pension from Hie
United states government?"
"Certainly."
"Do you know that your whole war
record is on file with Ho- govern?
ment ?"
,-A'l -know that; that paper is un?
doubtedly correct.'!
"Have you soon l\?'*
"Yes. sir."
Here Major tObrlght took occasion
for n brief explanation, lie Bald; "You
asked me oh Saturday If 1 wtis ever
accused of desertion from the United
Ktatos Army. 1 was never tried as a
deserter. Yon asked mc If I ever
heard it wan asserted that 1 deserted
the army. To all of these i answered
no; I never heord of It in illy life."
!3x|?lnhn<l?ii by Witness.
Continuing his explanation, the wit?
ness said that' he was somewhat In
By ALLIED FORGES
Democrats and Insur?
gents Aga in Shove Him
From His Throne.
HE SEEKS TO KILL
ONEOF NEW RULES
Regulars Fight Gamely to Sus?
tain Speaker in His Effort to
Override Ironclad Rule
Drawn by Champ Clark,
but They Arc Over?
whelmed.
Washington. I?. C, January i<",.?Tlio
stirring scenes of the last session of
Congress, when the House overthrew
Speaker Cannon und took tho making
"f tit* rules Into its own hands, was
re-enacted In part oh the tloor of the
House to-day.
Threatened with what they belh.-vt.-il
to be an t fTort to "tlriiw the teeth" of
one of the must important of the new
rules, Democrats and Insurgents Joined
In the defeat of the Speaker. Hy a
u'tc of I-IG to i2C, the combined forces
rallied to the support of Representa?
tive Fltzguraid (Democrat), of New
Vork, and sustained him in his appeal
from the Speaker's ruling.
Tlx- light developed ah- the result of
the second attempt to use the new
rule, which gives the House the power
to discharge a committee from further
consideration of a Mil that has been
referred to It. The Insurgents and
the Domocrats believed that this rule
wa.s ironclad: that as soon as the con?
sideration of Mils by unanimous con?
sent had been concluded, on every nrsi
and third Monday of the month, tho
House was bound by the new rule to
take up tlie motions to discharge com?
mittees from the custody of specified
bills.
l-'orccit Itnlly.
When the moment arrived to-day,
however, Speaker Cannon gave recog?
nition to Representative Hull, of Iowa,
chairman ot the Military Affairs Com
mltiee] Mr. Hull moved thai the House
resolve Itself Into a committee of tho
whole and tuke up the consideration
of the military appropriation hill, upon
w hielt It had beeil working last week.
There was an immediate rallying of
forces and attfljening et runks amongst
"ihe insurirefita and Reiiiocrnt?.
Mr Fitzgerald insisted upon the con?
federation of a motion to discharge a
comntlitco, which was upon tho calen?
dar. Speaker Cannon declined to gtvo
Mr. l-'itzgcruM the preference, but Bald
that he would h" glad to consider a
point of order, if Mr. Fitzgerald wanted
to make one.
The Democratic members declared
that lie did not have to make a point
of order; .hat his was the right to
recognition under the new rule, with?
out the raising uf any point of order
DgalllSU the Speaker's action.
"You'll overrule me if I matte a point
of order/' said Mr. Kitzgerald.
Insurgents, democrats' and Kcguiars
Jumped into the free debate that fol?
lowed, l.'pon the Speaker's rerusal to
recognize Mr. Fitzgerald, Hie latter
was finally forced to make a point of
oriler against the taking up of the
army appropriation hill.
The Speaker, In his ruling on the
point, said that the new rule did not
make it mandatory upon the House
to tnke up the motions to discharge
committees; that It simply made su...
motions in order, it the House desired
to tuke them up.
Upon this basis, the Speaker held
that Mr. Hull and the army appropria?
tion I'll! hud the right of way, und the
motions provided for under the new
rule could not be Interposed,
"1 appeal from the decision of tnc
chair," cried Mr. Fitzgerald.
"1 move to lay that motion on tho
table," Interposed Iteprcsentattve I'ayne,
of New York, Rvpubllcan leader of tho
House.
I'nyne MikSLii Defrntetl.
The I'ayne motion was the first test
of strength, and It ( as defeated by a
vote of !<?? to l.i. Then followed an
acrimonious debate upon t\lie ruling.
When the vote IllluUy was taken upon
ibc appeal from Speaker Caution's de?
cision twenty-three Insurgents and all
but one of the Democrats present voted
against the Speaker. The result was
the defeat of his ruling by a vote or
11.". to 126, Fourteen members an?
swered present but did not vote be
causo of pairs with absent members.
Representative Saunders, of Virginia,
was the only Democrul voting against.
Mr. Fitzgerald, in the appc.il from ina
chair's decision.
I The result of the vote Is expected
! to settle definitely tho status of tho
' new rule.
I The rule, that brought about the test
o fstrength and the defeat of the Regu?
lar forces to-day If the last change
that was made in the code of rules of
the llouso last session. H was pro
pnrod by Champ Clark, the minority
leader, and passed last June wlt.i but
one dissenting vote.
Its purpose was to give a means tor
? getting bills away from committees
i when the latter attempted to "smother"
I them.
Waiitu Vote This .Ne??lon.
[Special to The Times-Dispatch.]
Washington, 1>. C, January Hi.?Tho
Secretary of the Treasury has sent to
Congress n recommendation that ap?
propriations for public buildings and
cite:*, authorlr.ed at the last session ot
Congress, be voted on nt the present
sesfdon. These appropriations amount
to $30,000;000, and this amount will bo
included in the sundry civil bill. The
plncon In Virginia affected are: Hamil?
ton, $20,000; Suffolk, $15,000; Lexington,
$50,000: South Itoston, $5,000; Warron
ton, $12,000; I'ulnfckl, $5,000; Franklin,
$5,000. 1'. 11. Mcti.
Inks for Report.
[Special to The. Times-Dispatch.]
Washington. D. C, January 16.?Be?
lieving? that the people of the South
should know more of what has been
J rlorie towards marking the graves of
[Confederate soldiers who died In
I Northern prisons_during Hie Civil
I ZcoaUaucd, oa Third Pago.).
ocratsof Their Long,
Lean Years.
DOLLAR DINNERS
THINGS OF PAST
Instead, Champagne and Wines
of Rare Vintage Will Wash
Diamond-Back Terrapin. Can
vasback Duck and Epicu?
rean Smithfield Ham Down
Democratic Throats.
Baltimore, Mil., January 1?.?Content
(luring the lr;.in year* of defeat to din.j ,
at "Dollar Dinners." with "Hog and 1
Hominy" as the central theme, unoi
! sprint water on the side, the militant
Democracy of inn will sit ;.t a feast
I In this city ip-morrdw night where the1
I exclusive diamond-back ? terrapin will
j vie with tlie aristocratic canvnsbackl
duck and the epicurean Sihlthllcld ham
In the courses of a banquet that I?
fittingly to celebrate thl Democratic
victories of 1&10.
The banquet will he Hie closing fea?
ture of a day given over to harmony
conferences among the Democrats from
'.various sections of the country, c.ov
I crnor Harmon, of Ohio, and Champ
Clark, of Missouri, are to he the central
lig 11 res In the day's doings. Doth will
deliver formal addresser, at a mectlim
In the L.yrli] tomorrow evening.
Some of the \utoblcx.
Senator Joseph W. Hallcy. of Texas;
Governor Kugcrie N. Foss, of Massacliu
setts; former Representative Theodor?;
M. Hell, of California; former Senator
Blackburn, of Kentucky; Senator Hoh?
en 1.. Taylor, of Tennessee; Senator
Shlveley, of Indiana. Representative
Klecl Martin W. Littleton, of New
York; National Chairman Norman I-:.
Mark, and "Deacon" Jumcs C. Ilcmp
ti111. of Richmond, are among others
scheduled to take part In the confer?
ence and to deliver speeches either at
the meeting during the afternoon or at
the banquet In 111 evening.
A special train from Washington ?111
bring to Baltimore to-morrow evening
practically every Democratic member
of the United States Senate and House
Of Representatives. Altogether, it is
expected that m?re than l|OUO faithful
; Democrats will sit about the "groaning
boards" in the Fifth Regiment Armory
to-morrow night.
Contrary to the general 'mpresslon,
tin- meeting to-morrow will constitute,
I a celebration rather than a conference;
I and no great political significance 's
expected to attach to tue proceedings.
The men who proposed the celebration
and who have had charge of the plana
declare ther.* Is no purpose of starling
a "boom" for any man for President.
They say that so far as Governor Har?
mon is concerned, his "boon," is at?
ready .under way, and has Keen for
some time past.
Governor Crotlicrs will preside at the
afternoon mcet'ng and .fudge Ferdi?
nand Williams, of Cumberland, Mu.,
will act as toastm?stcr at tin- banquet.
Tills banquet Is to he about the most
elaborate affair ever held In Haltimore.
In wealth of floral decorations. In re
pleleness of service and in the ,-nolce of
viands and vintage wines, it win take
rank with the most notable feasts the
Democracy has ever Known.
The Democratic lea !ers resent tha
Idea that the Baltimore conference 's
intended 10 bring about harmony In tho
\ Democratic ranks. They declare It is
! simply to celebrate a harmony already
attained.
No Attempt ?? Fix roll?-?-.
No attempt will be made to fix a
policy as to the course of the Demo?
cratic majority In t'.ie House of Repre?
sentatives. That will be left to tha
congressional leaders t > be dealt with
!n their own way. No resolution bind?
ing the Democracy to any candidate for
any national office will be considered
"In order," and thcru will be eo appeals
from the chair on this parliamentary
point.
A free; open discussion of Democrat! j
principles has been .Invited, and any 1
speaker who cares to hurl a brick at
'?< "annonlsm" or any other "Ism" or
the Republican party will be more than
welcome to have his lllng.
Some idea of the magnitude of thf I
banquet may be gained from the fa' ? I
that there will lie tlfty-th^oe seals at
the speakers' table, 'fills doesn't mean I
thai there will be fifty-three speeches.
Hut the more Important guests will bo
given places of honor at this table,
whether they are 10 say any thing or
not. The banquet will begin at T
o'clock, and Is expected to end some?
where around midnight.
Ucfore the toostmastcr raps for or?
der, however, the diners arc expected
to make away with T.Ouo bynnhaven
oysters, seventy-live gallons of dia?
mond-back terrapin, 1,650 pounds of
Jersey capon. 550 canvasback ducks,
forty-five Smithfield hums, I.OOU
cocktails, &T)ii quarts of champagne, 100
quarts of sauternc ami $325 worth or
fancy iocs, to say nothing of the 'Mix?
ing;;" that go between the various main
courses. The smoke from U.000 1'er
fecto cigars will make the air blue
during the responses to the various
toasts.
PLEADS NOT GUILTY
Slnycr of Son >ln?l stnnil Trlnl for
First Degree Murder.
Albany, N. v., January t *;.?Mrs.
Kdith Melher pleaded not guilty to?
day to 1 lie charge of murder in tin;
first degree before Justice Coehrane in
the Supreme Court, after being In?
dicted by the grand Jury for first de?
gree, murder for killing her live-year
old son. Ceorge, by giving him carbolic
acid to drink.
The coroner's decision on Hie I11
qilCSt Is that death was due to carbolic
acid,
According to the specialist in men?
tal diseases w-ho.'examined Mrs. Mel?
her yesterday, . 'she Is perfectly ra?
tional. On this report, the decision
of the coroner and tho confession by
the. woman to the Rochester police, tho
district attorney will base his case.
Inasmuch as she confessed, the au?
thorities would not allow her to sen
the body before h was burled to-da.v
at Schonectady. she bus expressed a
wish to see Howard Kirk, a young
Schonectady draughtsman, hut the po
llco will not allow nim to visit her.
SHEEHAN CHOICE
OF PARTY CAUCUS
He Is Democratic Can?
didate for Senator
in New York.
HIS ELECTION
NOT ASSURED
Twenty-Five Members Bolt
Meeting and May Be Able to
Prevent Necessary Vote by
Legislature?D c p e w Is
Renominated by Re?
publicans.
Albany. N. v.. Janhary 16.?William
K. Sheehan was nominated as the
Democratic candidate for United State's
.Senator to-night at tho Joint caucus of
Democratic legislators, receiving sixty
two votes, four more than a majority
of all the Democratic members of both
houses. The fact, however, that twen?
ty-five members refused to attend the
caii'-us leaves a strong possibility that
to-morrow when the Legislature votes
In regular session he may fall to re?
ceive the number of votes necessary
for election..
Resides Mr. Sheehun's, the names of
Bdward M. Shepard, of Brooklyn, and
1>. Cady Derrick, of Albany and New
York, were the. only ones presented to
the caucus. Mr. Shepard received
twenty-two votes, and judge Derrick
seven.
The twenty-five, legislators who bolt?
ed the caucus will be In a position to
declare themselves unbound by its ac?
tion, and even If all those who entered
the caucus vote for Mr. Sheehan to?
morrow, the absentees can prevent his
election, because a majority of all tile
members of both houses Is necessary
for election.
An effort to make the nomination ot
Mr. Sheehnn ununlnious failed because
two assemblymen objected.
?< Doth Douses are obliged to take at
least one ballot at noon to-morrow.
If neither Mr. SheehD.n nor any one
else receives a majority at that time,
the Legislature will continue to ballot
In th.ls '?ntincr until a caiolcc Is made.
??Holt" Is Oririnlr.vd.
The "bolt " was organized i-??? ' t"
day, when a numb r of Supporters ot
Mr. Shepard and opponents of I.'. Shee?
han met at a downtown hotel. Sena?
tors Roosevelt, of Duches.-. 11. 1 Saxe.
of New Yprk, and Assemblymen Fried?
man, of New York, and Drunimond, of
Cayugh county, were the leaders In this
movement. Twcnt3 -two legislators at?
tended this meeting, and at 7, o'clock
sent a committee to the Governor to
try to got from him a declaration in
favor of some candidate. The Gover?
nor told them that he could not in?
terfere, and declined to indicate the
course they must pursue.
"It Is a question for each legislator
to decldt for himself." said the uuv.
. ernor.
After the committee returned and re?
ported to the conference all those
present pledged themselves not to nt
tend the caucus. Just before the
caucus convened there were rumors
thai some of the Shepard men were
weakening, but the roll call showed
twenty-live absentees, more than *?io
organizers of the movement had an?
ticipated.
Mr. Sheehan's name was placed in
nominated by Ascsomblyman Hush, or
Chemung county, who said of him:
"There is no man In the United Stales
Senate to-dny of whom he Is not the
peer. 1 predict that If he be chos.-n ho
will not be in that body six months
before the voice of defamation will lie
bushed and only words of praise will
be uttered, and that before the close of
ills term he will he universally recog?
nized as one of the great Senators ot
our time."
Mr. Shepard was nominated by As?
semblyman Donnelly, of. Kings county,
who said that he possessed all the ele?
ments of a great statesman.
The name of ex-Justice'D. Cady Der?
rick, .of Nov.- York and Albany, wys
placed before the caucus by his half
brother. Assemblyman H?rrick, of New
1 York.
To-night twenty of the caucus "holt
ers" gave out the following statement:
"The undersigned Senators and as?
semblymen having at heart the wel?
fare of the Democratic party In the
Stale and nation, refused to go Into
to-night's caucus as distinguished front
a conference for the reason that tlioy
believed the votes of those who rcpre
[ sented the people should not be
smothered In a caucus, and the people
should know how their representatives
ybted, unhampered by n caucus action,
and that a majority secured for any
candidate should be credited to tho
representatives of the people In the
Legislature, not t>j some one oulslUe
the body; nnd also In accordance with
the expressed wishes of Governor j^Ix
as given to-day."
Senator Roosevelt said that all tho
signers were pledged to stand together
against Sheehan.
Republicans Xomi.nl*- !>epctv.
Albany, N. Y., January Ifi.?Chnttn
cey M. DcpCW was selected by the Re?
publican caucus to-night as minority
candidate for United Statei Senator to
succeed himself. Senator popow re?
ceived flfty-e'ght of the sixty-seven
votes cast, and his selection was made
unanimous. Among others who re?
ceived votes were: Theodore Roose
veii, two; Andrew D. White nnd ex
Mayor Seth Low, of New York, one.
This means that Senator D'epow will
receive all the Republican votes at the
regular session of both Mouses to?
morrow.
In presenting the name of Colonel
Roosevelt, Senator Walnwrlght ex?
pressed his disapproval of tho nomi?
nation of Senator Depow and said that
the minority should make an "Ideal"
7c?nTlnued on Third Pago.)
i'm; HROW.VK HRONCIMAI, TROC'IIKS,
the convenient and effective couab Bwasdifa
Named to Succeed De pew
NURSEUNOERGOES
CRUEL GRILLING
Veracity, Her Character
and llcr I'a.si Life
Probed.
BUT SHE NEVER WAVERS
Sticks to Story She Told of Mrs.
Schenk Seeking Husband's
Death.
Wheeling. W. V:... Januar, If...-|s|v*
hours of the most hitter cross-cxamtna
tlon t<. which any witness has been
subjected by the defense In ihe ease of
Mrs. Laura FarnsVyorth Schenk, charged
With administering poison to her mil-]
llonalre husband, .lohn ,, Schenk, failed
to-day to shako the story told the Jure on
direct examination Saturday i,y Kienhor
Kpeckler, who is nlso known as Mr.-.
Klein, the detective-nurse, wh.i allogas
that Mrs. Schenk offered her $1.000 to I
put a poisoned pill in the medicine
which was taken by the patient at thej
North Wheeling Hospital.
Miss Zoeckler. who is connected with I
a pittsbnrg detective agency, was on j
the stand nil day.
1'nM Life I'rohed,
The woman-- veracity, her character!
and her past life were probed In the,
questions propounded |>y L. O. Royce.
So fierce was the attack on the witness!
that Prosecuting Attorney Randlan ob?
jected, declaring that Mr. Royce hail
no right to go beyond tho hounds of
authority, and the Jury was excluded
wlille the objection was argued out.
Mr. Royce replied with equal bitterness. I
He said:
"This is a commercial witness, and'
f will trout her commercially. She
was employed to squirm and ingratiate
herself into the confidence of this de?
fendant with a tissue of lies: she has
agreed to lie for money, and I will
cross-examine her on those lines. Tho
detective's profession is nu honorable
one, if conducted along regular lines,
but In this case it was not. This wo?
man Is not a detective. She is only on
operative, and I will conduct this ques?
tioning along lines to show that in
such capacity She Hod and entered Inu
a conspiracy against ilils accused.'
Time after time be asked: "When yon
I told Mrs. Schenk that, you lied again,
didn't you""
Without faltering or cliangrnij her
expression, the witness ans? end on
every occasion with a straightforward
"Yc?." or "Sure, 1 did."
Asked if she had had conversations
with Airs. Schenk regarding the prob?
able death of her husband, she said
she had; that Mrs. Schenk had often
expressed a fear that she would not
"get wh&l was coming 10 her," ami that
she was not sure she would get a good
home it the husband Should die.
I "I watched every board, every stone
going In our house." Mrs. Schenk told
her, Ihe witness testified, "and I know
It Is worth a lot of money." "Follow?
ing our talk when she offered mo
I $i.ooo to poison John, Mrs. Schenk
evaded me for several days, On the
morning of her arrest she eanie to the
hospital and asked me If she could see
her husband; I told her yes. to go in.
.Miss Evans ordered her out. as she was
in. t giving Schenk a treatment.
" 'You can give ll'm the devil for all
I car';.' said Mrs. Schenk."
Attempt on Life Feared.
Roih the regular nurse and horse 11
j had Instructions not to leave wife and
husband alone for a moment, an at?
tempt on bis life being feared.
Mr. Royce took the- witness In charge,
and bis first question revealed the lino
which the defense would follow.
"You were told to break into Mrs.
Sclienk'fl confidence by any means,
weren't you?"
"Those were niy instructions," she
answered.
Mr. Royce, nfter two hours of search?
ing Inquiry, askrid:?
"Isn't It a fact that every statement
you have made relative to Mrs. Schenk
offering you *l.o?il to poison her hus
bnnd Is a tissue of lies, manufactured
out'of the whole eloth by yourself?"
"Everything 1 have told you Is true. '
"Isn't It a fact that the only mention
of $l,iin0 was made when you told Mrs.
Schenk that Alben Schenk, John's' hrb
ther. had offered .Ml-s Eva IIS that
amount to take John's keys to his safe
{Continued en Second I'a&oj
CONTROL RIVETED
OVER COMPANIES
Reorganization of New Jersey
Added Immortal Kleinem to
Standard Oil.
PLEA' OF WICKERSHAM
Attorney-General Ask-. That Su?
preme Court Affirm Dissolu?
tion Decree.
Washing-tun, D. C. January 10.?De?
claring; that tit.- reorganization of tho
Standard Oil Company uf New Jersey In
1S9!) riveted together the control ot
tin- subsidiary companies In a way that
had not existed before, Attorney-Gen?
eral Wlckorshain to-day argued before
.in- Supreme Court of the United Stales
Hi.it tho defense put up by the Standard
oil Company against dissolution fell to
the ground.
it w.is the third day of the oral ar?
gument of the ease. Krank H. Kellogg
hail concluded his long argument in fa?
vor ef the dissolution, as decreed by
the Circuit Court of the United States
tor the Kastcrn District of Missouri.
1'. 'IV Watson, of IMttsburg, had centred
an litt tck on the form and elTvet of tho
decree. Mr. Wlekershuin was. then
called upon to close the argument for
the government. lie did not conclude,
but will complete his argument to?
morrow, when John Cl. Johnson will
finish the presentation of the entire
case.
Watson I'mvcn Why.
The address of .Mr. Watson paved tho
way for Mr. Wlckershum'a remarks,
Mr. Watson mode the decree of the low?
er court the topic for his remarks, lie
said that the Circuit Court held that
the defendants had done nothing nftet
the passage of the Sherman anti-trust
law to violate It but convey the prop?
erties held together for years by.a law?
ful body of men to the Standard Oil
Company of New Jersey.
'?Are the Federal courts to sit by tho
avenues of Interstate commerce." in?
quired Mr. Watson, "to pass on the con
\ ttyance of properties .'''
lie declared that the Standard Oil
ilhl not gain a single power by reason
of the conveyance.
"We didn't put any alien property In
the new organization," he said. "Only
Joint property was changed from the
trustees to a corporation. Prny tell mil
how the Standard nil Company of New
Jersey could restrain Undo by such a
conveyance."
lie contended that the properties con?
veyed were non-competitive before
1S09. and remained exactly as they had
been after that year.
The reason he advanced tor the cir?
cuit Court holding that the conveyance
was Illegal wns thai It believed It llild
to follow the decision of the Supremo
Court In the Northern Securities case.
But the Standard <?il ease he argued,
differed from the Northern Securities
suit, in tie- latter, railroads, owing
la duty to compote and engaged In ac?
tive and actual competition, were con?
cerned. In the former case there wero
concerned trade companies, owing no
duty to compote and not In competition
with one another, because of their com?
mon ownership.
I* rope it > < 'outwent rd.
A second point that Mr. Watson
argued was that the de.-ree practically
contlscnlcd property because it did not
allow the subsidiary companies to pay
dividends to the Standard ml Com
puny, of New Jersey, and that Ihn
slock of the company became practi?
cally worthless.
"It Is gratifying to believe," said Mr.
WJcknrshnm, following .Mr. Watson,
"that tho defendants will, at least. Ilnd
come difficulty in evading ihe deeret
of the lower court If It is uftlrined."
lie took up tin- del, n.e- of the de?
cree, telling the court that the court
below bail held thai a consplrnc] 10
; restrain trade bait been found, and
that the conveyance of IS93 was made
In pursuance of that conspiracy.
After reviewing' the history ot* the
Standard OH to support his claim that
Its organization Just preceding the re?
organization of the Stnndafcl Oil. of
Now Jersey, In IXiiO. was Illegal. Mr.
Wickersham answered Mr Watson's
~' (Continued on Third rage.)