The times dispatch. [volume], January 25, 1911, Image 1

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

Image provided by: Library of Virginia; Richmond, VA

                
?&ffi&XSS$S?&, in m WHOLE NUMBER 18,510.
RICHMOND, VA., WKUNKsb'?'v", J AnT'AUY 25, 1911.
Tin: WE A TU KR TOtDAY?'Fair. PRICE TWO CENTS*
GRAND JURY PUTS
BLAME ON RIXEY
Nine Presentments
Against President of
Failed hank.
OTHER DIRECTORS
FREE FROM WRONG
Only Criticism Is That They
Placed Too Much Confidence
in One Man?Report Charges
Overdrawing Accounts and
Making False En?
tries.
[Special to The Times-Dispatch.]
Alexandria, Va., January 24.?A
Brand jury, with W. 11. Sweeney as
lor email, shortly before 5 o'clock this
afternoon gave its report to the court
in the case of the Virginia Safe De?
posit and Trust Corporation, it con?
tains nine separate presentments,
among them being three for false en?
tries made by C. .1. Illxey. president
of the concern, umounting to $70,121.HI,
and five fcr overdrawing his account i
at various times beginning September i
1, 1000, and making false and wilful j
ttatementfi to the State Corporation
Commission concerning same* From j
the examination of the corporation's |
hooks, as made by the grand Jury, the 1
highest amount Itlxey overdrew* ae- \
cording lb the report, was February
28 last, tills being $19,329.81. The
report in conclusion reads:
"Wc find from the testimony that |
t!.. directors, other than C. J. Ulxoy. !
are free from criminal wrong, but they |
placed too much confidence in one
man. We an convinced that the whole
management and direction of the .if-"
fairs of the Virginia Safe Deposit and
Trust Corporation was absolutely nr.
cl<r the control of its president, C. J.
Itlxey."
JudgO Carter adjourned tho jury
over until February 3 next, when In?
dictments will be presented to the
jury again*! Itlxey on each account.
Itlxey Is still ill at his home in Wash?
ington.
Iteperl of Grund Jury.
The report follows;
"We. the grand Jury, in tlte matter
of the Virginia Safe Deposit and Trust
Corporation, beg leave to report as fol?
low.-}:
"I nder date of "September 1. 1903.
C. J. Ulxey. as president of the Vir?
ginia Safe Deposit and Trust corpora?
tion, did certify under oath that the
total overdrafts; secured and unsecured,
of the said corporation amounted to
the sum of $1,377.72. lie also certified
that his account was not overdrawn
We find the said certified statement to j
be knowingly and wilfully false in !
both particular.1-, as the books of the ?
said corporation show that upon the
said date, namely. September 1. 1000. '
his account was overdrawn to the ;
amount of $4,607.26.
"tinder date of November IC, 1 f>00. C.
.1. Rixey, as president of the Virginia
Sale Deposit and Trust Corporation
did certify to the State Corporation
Commission that the total overdrafts,
secured and unsecured, of said corpora?
tion amounted to tho sum of $535.21.
He also did certify that his account
was not overdrawn. We find the said
certified statement to be knowingly
and wilfully false In both particulars,
as the hooks of the said corporation
show that upon the said daU namely, 1
November 16, 19^9, his account was
overdrawn to the amount of $3,612.71.1
"Under date of January 31, 1910. C. J. j
Tiixoy, as president of the Virginia
S?.fc Deposit and Trust Corporation,
did certify to the State Corporation
Commission that the total overdrafts,
secured and unsecured, of said corpora?
tion amounted to the sum of $2,329*01. .
Anrf he also did certify that his ac?
count was not overdrawn. We find
tho said certified statement to be know- |
ingly and wilfully false in both par?
ticulars, as the hooks of the said cor?
poration show that upon that date, |
namely, January 31. 1910. his account
was overdrawn to the amount of $13.
336.78.
"Under date of March 29. 1910, C. .1.
lUxey. as president of the Virginia Safe
Deposit and Trust Corporation, did ;
certify to the State Corporation Com- !
mission that the total overdrafts, se?
cured and unsecured, of said corpora?
tion amounted to the sum of $1,531,34,
and he also did certify that Iiis ac?
count was not overdrawn. We find the
said certified statement to he knowing?
ly and wilfully false in both particu?
lars, as the books of the said corpo?
ration show that upon that date, name?
ly, March 29, 1910. his account was
overdrawn to the amount of $15,074.57.
"Under date of February 28. 1910,
C. J. Rixey. as president of the Vir?
ginia Safe Deposit and Trust Corpora?
tion, did certify to the Commissioner
of Insurance of tho State of Virginia
that the total amount loaned to the
directors or other officers of said cor?
poration upon December 31. 1909,
amounted to the sum of $2,101.63. We
find the said certified statement to he
knowingly and wilfully false, as tho
books of the said corporation show
that upon that date, namely. December
81, 1909, his account was overdrawn
to the amount of $19.329.81.
"Under date of the day of June.
5 910, on or about the 16th. C. J.
Rlxey did make an entry of $?0.000
upon the credit side of his account
In tho Individual deposit ledger of
the Virginia Safe Deposit and Trust
Corporation. We find the said entry
to be knowingly and wilfully false, as
no equivalent for the said entry was
given the said corporation.
"Under date of November 20, 190'j.
C. J. Rlxey did make an entry of $11,
721.46 upon the credit side of the ac?
count of the Piedmont Milling Com?
pany in the Individual deposit ledger
of the Virginia Sufe Deposit and Trust
Corporation. We find the said entry
to be knowlnglv and wilfully false, as
no equivalent for the said entry was
given the said corporation.
"Under date of the day of Jn.ie. 1910.
between the Sth and 30th, C. J. Rlxey
did make an entry of $5.400 upon the
credit side of the account of Carrie F.
Bekham, in the individual deposit
W-dgor of the Virginia Safe Deposit and
Trust Corporation. We find tho said
r-ntry to ho knowingly and wilfully
false, as no equivalent for tho said
entry was given tho said corporation."
Tho total amount of alleged false
jvntries is $70,121.46^
Favorable Action of
Committee Pleases
President
POST-OFFICE BILL
PASSES HOUSE
Measure Carries Appropriation of
$257,000,000?General Criti?
cism Indulged In?Depew
Voices Opposition to Reso?
lution Calling for Popular
Election of Senators.
Washington, January 21.?A perman?
ent ta 1 ift hoar'] of live members to In?
vestigate all questions for the benefit of
Congress is provided for In u bill unan?
imously agreed upon by the House
Committee on Ways and Means to-day. i
The bill, effective July 1. contains sub?
stantially the provisions of the Dong
wort Ii and Dalzell bills.
When the Wiiite House learned to- j
'lay that the committee had agreed 1
unanimously to report favorably on the!
bill. President Taft expressed great sat?
isfaction. The bill, it Is said, will be
taken up next Monday under suspension
of the rules, and the White House be?
lieves it will pass. Further, it be?
lieves the hill will also pass the Senate,
although Senator Bailey publlcaly into
rnated his intention to oppose It.
It is understood that the present
members. Chairman Henry C, Emery.
J, I!. Reynolds, of Mtiasdchusetts, and Al
vln II. Sanders, of Chicago, will con?
tinue on the board, and the President
will name two Democrats In the near
future to fill the two additional places
on the board.
Vote In t'nniitmqun.
The Democratic members of the com?
mittee voted with the Republicans for
the t ill, after insisting upon live in?
sertion of a provision adding to the
functions of the board the words "am
shall also make investigation of any j
stich subject whenever directed b>
either house >?{ Congress." and also a
provision discontinuing the existence
of the present board when the present
1)111 becomes effective, in order to avoid
duplication of boards, the understand?
ing being that the papers and files oJ
the present body shall be transferred to
t h e r, < w noa nl.
The board Is to investigate costs of
production Of articles made subject to
tariff legislation, with especial refer?
ence to prices paid domestic and
foreign la! or, and prices paid for raw
materials whether domestic or import?
ed; producers! prices ami retail prices
of commodities; conditions of markets
affecting American products, together
with all facts necessary or convenient
In fixing import duties or in aiding tho
President and other officers of the gov?
ernment In administering the laws and
investigating any such subject "when?
ever directed by either House."
CARRIES $257,000,000
Pojit-Oftlce Appropriation Dill Pnsned i
With Xo Votes In Negative.
Washington. D. C, January 24.?The'
House passed the post-office approprla- j
tlon bill carrying about $257.000,000 !
this afternoon, with no votes in tlie
negative.
The Post-Office Committee of the
House, the Postmaster-General and
"others higher up." including by in?
ference flie President of the United
States came in for another scoring at
the hands of members of the House to?
day during the consideration of the
bill.
The debate to-day reached '. ; height
when Representative Slsson. of Missis?
sippi, declared with vigor:
'"The mail service all over the United
States is in a h-of a fix, to use a
strong expression. And this House j
should fix the responsibility where it
belongs. Some say it is the commit?
tee; some say It Is the department,
and some say It is the President. Tho
department has declined to spend the
money appropriated for additional
rural free delivery routes, and is go?
ing to turn back a surplus of $1,700,
000 from this service."
As soon as the rural free delivery
service paragraph was reached in the
bill, amendments to increase the pay
of the rural carriers from $900 a year,
all the way to $1,200 were offered.
Representative Bartlett, of Georgia,
led the fust lade of criticism by offer
an amendment to give the carriers
$1.000 a year.
Representative Austin, of Tennessee,
scored the Postal Committee. He said
the country ought to know where the
responsibility lay. Mr. Byrns, of
Tennessee, blamed the Post-Office De?
partment, and "men higher up" for
conditions In the postal service.
Mr. Edwards, of Georgia, asserted
that tho present administration was
no friend of the rural service.
Mr. Adamson, of Georgia, declared
the rural carriers were actually be?
ing robbed by the government.
Chairman Weeks declared that the
reason the rural service had not been
extended during the past year was on
account of the precarious sonditlon of
the Treasury, lie added, however, that
the committee was not willing to grant
carriers the $100 Increase in salary.
The House then passed with a whoop
an amendment providing that after July
1, 1011,. the carriers should receive a
salary not exceeding $1,000 a year.
1 "Please do not open until Christ?
mas" will be permitted on mail matter
in the future, if the action of tho
j House to-day Is sustained. A provision
was approved allowing these extra
I words to be written on mall packages.
! The provision Is for the purpose of
! relieving the congestion of the malls
at Christmas time.
DEPEW OFFERS AMENDMENT
Would Entitle All Mnlo Citizens to Vote
in Election for Senator.
Washington, D. C... January 24.?Op?
position to the resolution now pending
in the Senate, calling for the popular
election of members of that body in
t'i.j several Slates, was voiced to-day
by Senator Depew. of New York. Mr.
(Continued on Seventh Pafie7>
SMITH GIVES UP
FIGHT FOR SENATE
Facing Defeat, Releases'
Supporters From All
Obligations.
MEANS ELECTION
OF J. E. MARTINE
Leaders Freely Concede All
Fruits of Notable Victory to
Governor Wilson, Who Has
Led in Strenuous Cam?
paign Against Party
Leader in State.
Trenton, N. J., January 21.?Unless
all signs fall, James 15. Martin?', the
farmer-statesman, of i'laintield. will
i
be lo-morroW elected United States
Senator to succeed John Kean for six
years from March 1 next. In botli
houses of the Legislature, voting sep?
arately, to-day .Mr. Martine received
forty or tri?.- forty-one votes necessary
to elect. Thereupon, .lames Smith. Jr..
former United States Senator and
Democratic leader of New Jersey, who
has been contesting with Mr. Martine
for the honor of election, released his
supporter.-, ami soon thereafter a rush
of legislators and leaders was made to
shower their congratulations on Mr.
Martine and on Governor Wilson, who
has exerted himself in Martine's be
haif and against Smith.
Mr. Martine, who. curiously enough,
lias md been at the State Capitol since
the senatorial contest began, is-at his
home at Plainlleld, in the. northern
part of New Jersey, recuperating from
tin attack of grip.
Supporter of Ilrynn.
Mr. Martine operates a small farm
on the outskirts of the town, and
takes an Interest in politics. He is a
firm supporter of William J. Bryan, and
all his speeches show him to be radi?
cal in his views upon questions af?
fecting the ?public.
Three years ago he was a candidate
for the Democratic nomination for
Governor, but was beaten by Frank S.
Katzenbach.
Martine received thirty-one votes in
the House and nine in the Senate and
was thus but. one vote short of the
forty-one necessary to elect on joint
ballot.
Smith was quick to release his fol?
lowers front any obligation ti? continue
voting for hint, and Governor Wilson
jttst as quickly canto out with a state?
ment congratulating even body upon
Mfirtine's victory.
Leaders here concede freely to Gov?
ernor Wilson all the fruits of the no?
table victory. From the moment the
result of the November election showed
that the Leslslaturo would be Demo?
cratic, the Governor has insisted that
the vote cast for Martine In the prl- j
mat ies preceding the general election :
was a command to the Legislature to
elect him to the United States Senate,
and the Governor has succeeded in es?
tablishing the principles for which he
contended. Mr. Smith and other lead?
ers in the Democratic organization
held that such a small vote was cast
tit the primary election that the result
could not be taken as the command of
the mass of Democrats in the State.
Vote iu Both Houses.
The total vote in both houses was
as follows:
Martine, 40; Smith, 10; Hamlll, 1;
Stokes. 22; Griggs, 5; Governor Fort, I;
John Kean, 1. Necessarv to a choice,
41.
The voting in the house was as fol?
lows:
Martine, 31; Smith, 10; Representa?
tive James A. Ham-ill, 1; L\ D. Stokes,
Republican, 13; John W. Griggs, Re?
publican, 5.
Mr. Smith, realizing that he was
beaten in his ambition to go back to!
the United States Senate, closed nis!
headquarters and returned to his home1
In Newark. Before doing so no gave
out a statement in which he released
! his supporters from any further obll
j gations to stand by him. and soug.it to
lay upon Go-ernor Wilson the respon?
sibilities for the election of Mr. Mar
tine.
NO CHANGE AT ALBANY
Many Humors Circulated an to Prob?
able CompromlHu In Fleht.
Albany, N. Y.. January 24.?Tho daily
ballot for United States Senator showed
no change in the strength of the .ead
Ing candidates, but the air to-nignt
teemed with rumors.
The most persistent report was tnat
the Tammany leaders had let Mr. Shce
han know that they would stand by
him only until Friday, and that if he
did not gain the necessary twelve or
thirteon votes on the next two bal?
lots, they would begin to look for an?
other candidate. Some of Mr. Shee
han's friends said this was too
ridiculous to discuss.
Other stories circulated, of the In?
tention of Mr. Sheehan or Edward M.
Shepard, to withdraw, .and' of nego?
tiations looking to the selection of a
compromise candidate, could not be
traced to a reliable source.
Mr. Sheehan received eighty-five
votes on the sixth ballot to-day, thir?
teon less than was needed for election.
Ail the other candidates got at least
one vote, and the newcomer. Curtis N.
Douglas, of Albany, a brother-ln-iaw
of Governor Dix, and a former State
Senator, received three. The list of
Democratic candidates now numbers
eleypu, and there is talk of fresh ac?
cessions to-morrow.
When Senator Roosevelt was asncu
j if the '?insurgents" had discussed a
compromise candidate at their meet?
ing this afternoon, he replied: "I think
we have discussed about twenty-live or
thirty candidates."
The Democrats who bolted the party
caucus still Insist that the first au
vances toward a compromise should
come from the majority now voting
for Sheehan.
There was some alarm In the "In?
surgent" camp, when it became known
to-night that. Assemblyman Friedman,
of New York,' of their number, had
conferred with Mr. Sheehan. Mr. Suee
han said that he had sent for Mr,
' (Continued on Third .Vago.)
SCENE JUST AFTER NO PEL IS T W AS SHOT
Crowd nroitnd the body of Goldnborougcli, who shot David Grahnm Phll
lln*. The remnini? arc covered with a wheel mid banket, nnd He tn front of
the late Colonel Robert Ingersoll'ii rcnldenee. The Princeton Club 1? to the
rlKht.
RICHMOND-NORFOLK
HIGHWAY ASSURED
Association Organized at Wil
liamsburg Will Push
Scheme.
HISTORIC SPOTS ON ROUTE
Great Enthusiasm Manifested by
Delegates From Many
Counties.
[Special to The Times-Dispatch.]
Williamsburg. Va., January 24.?De
Lermined, purposeful and well or?
ganized, seventy-five representative
citizens of the several counties and
cities between Richmond and I lamp- j
ton gathered in Williamsburg to-day ;
to discuss plans, .arrange details and ;
subscribe funds to build a practical
roadway between the capital of the
State of Virginia and Norfolk.
Enthusiasm marked the meeting
from beginning U> end. and the New?
port News Chamber of Commerce made
a splendid host. Probably the most
striking feature of the meeting was
the several addresses made by the
twenty supervisors of roads in the
counties through which the highway
is to pass. Not a single word was
wasArl. Facts were dealt in. There
were no attempts at Mights of rhetoric
or framing striking periods. Each
man who held the attention of the
meeting had something to tell, and he
told It in plain words, but the words
were fraught with meaning and car?
ried to the auditors the message that
the roadway was in sight.
L? D. Manyille. reared in an atmos?
phere of good roads, and intimately
associated with the practical work of
road-building since ten years of age,
told how the highway could be built
at a cost not exceeding $250 a mile. He
didn't have camps, nor did he have
any of the other frills and furbclows
i accompanying the usual road-huilding
gangs. No ttme was lost in getting to
and from camp, for the reason that he
had two houses on wheels which ad?
vanced as the gang advanced. The
men were put to sleep in the portable
sleeping quarters, and when they
awoke started to work, saving cer?
tainly a good two or three hours a
day.
When Mr. Manville completed his
talk, approval of his remarks was heard
on all sides. It was the time for action,
and the men gathered were ready to
act. It is now positively stated that
the roadway will he completed y
August l. The men who will help are
not bothered about anything else.
They have assumed the burden of
building the road from Norfolk to Rich?
mond, and it is up to Richmond to
complete the link to Oordonsvllle.
Historie Spot? on Route.
Passing through or near four of the
colonial (capitals of Virginia?James?
town, w'illiamtsburg, Yorktown and
Richmond?this missing link in the
path to the Southland will afford to
the tourist a veritable feast in th-..gs
h'storic. Probably nowhere else in
this great country could so much ot
tiie actual making of the republic be
disclosed as along this highway. Rut
added to all this Is tho real value to
the people living along me route.
Thousands upon thousands ot dollars
will be saved to the farmer and mer?
chant. < ostly travel, due to horrible
road conditions, will, under lue new
regime, be eliminated. Instead, the
trip from, city to city, or from village
to village, will become one of pleasure,
not an undertaking fraught with luaiiy
gravo possibilities of breakdowns und
slow travel.
The meeting was called to order
shortly after 11 o'clock by M. C. Arm?
strong, of Hampton. S. O. Bland, or
Newport News, was elected temporary
chairman, and W. E. Cottrell, of the
same city, temporary secretary. The
roll call of delegates showed the fol?
lowing present:
Delegates in Attcndnnce.
From Norfolk?Walter H. Taylor, Jr.,
assistant city engineer; R. 10. steed,
city dr...; ??. II. Trice, representing
the Automobile Association, tho .j
trl.il Commission and the Real Estate
E.vehnnge: Guy Webb, the tiourd or
Trade, and II. 8. Good rich.
Richmond?....en Potts, represeni.ng
the Chamber of ? ommerco and the
I (Continued on Seventh Page)'
WILL MAKE EARLY
MORNING STARI
McCurdy Ready for Aeroplane
Flight to Cuba This
Morning.
Key West, Fla., January 24.?Only
the weather remains an unknown
j quantity In the preparations finally
< completed here to-night by J, A. D
I McCurdy, tho aviator, for hi? aeroplane
I flight from Key West to Havana to
I morrow morning. The wind pcr
| niltting, McCurdy Intends to start
i promptly at 7 o'clock.
I The torpedo boats Roe, Terry, Dray
j ton and Paulding are scheduled to
j leave Key \\ est at midn'ght, to take
I their stations along the proposed route.
1 The Paulding, the only one equipped
with wireless sending apparatus, wMI
i be located about fifty miles out, and
! will indicate the weather conditions
i early in the morning. If the weather
I Is favorahlo word w'H he returned
I when McCurdy starts, all the other
J boats picking up the message, and all
: possible assistance to the daring avia?
tor will be given.
For Safety of Aviator.
Each of the torpedo destroyers la
equipped with a platform on which
McCurdy can descend if he has trouble.
If an accident should precipitate him
into the water his aeroplane is pro?
vided with pontoons planned to keep
him afloat until one of the vessels can
reach him. It Is McCurdy's intention,
in case of accident, to overhaul his
machine on one of the naval vessels
and then proceed to Havana.
A thirty-mile breeze this afternoon
prevented the proposed exhibition
I flights at Trum bo Island, McCurdy's
I starting point for the Havana trip.
The aviator, however, announced Iiis
motor in perfect condition. McCurdy
said to-night:
"I could have made a flight to-day,
but as everything looks so bright for
a successful flight to Havana to-mor
row 1 did not think it wise to incur
the risk of damaging my machine. T
have no fear in making the trip across
the sea. and I bcllevo I will demon
tsrate that the aeroplane can be made
a useful engine of war In connection
with our naval vessels."
OVERTURNS PROHIBITION
O'NelPx r.oenl Option mil Introduced
in AI ?Im urn Legislature.
Montgomery, Ala., January 24.?Gov?
ernor O'Xeil'.s local option bill, which
overturns the State-wldo prohibition
law of Alabama and allows liquor to
be sold In towns having a population
of 10,000 Inhabitants and over, under
the strictest regulation, was Intro?
duced in the House to-day by John V.
Smith, of Montgomery, and ha-- thrown
j the Legislature and tho people here
Into a ferment of excitement. Under
I its provisions n State excise hoard is
provided for, to bo appointed by tho
Governor, and this hoard makes the
rules and regulations that shall gov?
ern tiie sale of liquor under the pure
food laws of the United States.
Already the lines uro forming for
j the fight on the. hill.
j BEGINS 12-YEAR SENTENCE
! .lames J. Gallagher Token to New .ler
Mey Slutr Prison.
.New York. January 21.?Jarnos J.
Gallagher, who shot Mayor William J.
Gaynor and Street Commissioner Wii
j Ham II. Edwards on a steamship in
dock at Hobokcn last August, was
I I a ken to the New Jersey Statt; prison
to-day to serve twelve years at hard
labor. The sentence, including also a
line of $1,000, is for his attacking Ed?
wards, lie bus not been tried for his
attempt to assassinate the Mayor.
REHEARING FOR RUEF
< Former Uomn Will Ask Supreme Court
for n Xew Trial.
San Francisco, Ca I., January 24.?
Abraham Ruof, former political boss
of Sun Francisco, under sentence of
fourteen years' imprisonment for al?
leged bribery of a supervisor, but at
liberty on $250,000 ball, who was grant?
ed a rehearing yesterday by tho Su?
preme Court, will a).pear before that
body on February 6, to plead for a new
trial. This dale has been llxed by a
supplementary order, issued by this
court.
ITtrhugh Cinldsborough, who, nftcr
firing five blillcta into the body of Mr.
Phillips, turned the pistol on himself
nml fired n bullet into hla brain.
Betting in Front of Courthouse
Like That at Race
Track.
CASE REACHES JURY TO-DAY
Woman Weeps Bitterly as Law?
yers Plead for I lei
Liberty.
Wheeling. W. Va., January 24.?Ap?
parently unmoved by the storm of bit?
ter invective from Assistant Prose?
cuting Attorney Fred I* Maury. in hii
opening argument yesterday before the
jury which is trying the case against
Laura Farrisworth Schenk, the woman
charged with administering poison to
her millionaire husband, John O.
Schenk, to-day broke down and aopbed
almost continuously while her own at?
torneys?three of them?presented her
side of the sensational affair boforo
the twelve men in whose hands her
fate will rest to-morrow.
The first emotion came to-day when
Attorney Frank A. O'Brien opened tho
argument In her behalf, and mentioned
the two children, of whose company
she has been deprived since her ar?
rest. Sho recovered momentarily, but
broke down again. It was while her
chief attorney, j. .1. P, O'Brien, was
making his plea that she showed the
most marked emotions and the jury?
men, too. shed tears, while there wer-;
many tear-dimmed eyes in the crowd?
ed courtroom.
Lonely Life In Prison.
.loe O'Brien drew a vivid picture of
the lonely incarceration of the prisoner
behind the grim walls of the jail on
three real holidays of the year?
Thanksgiving, Christmas and New
1 Year's. She was not even permitted
j to send her two children the little
presents she had worked anil made for
them, the work of her own hands, ho
declared.
"What does a verdict of not guilty
mean?" he asked. "It. means that she
will spend her three holidays in one.
And her liberty Is what you gentlemen
can g've her. She has been disgraced
throughout the whole world.
"If .-be goes free where can she
go to find refuge'.' She cannot go to
the line home which she left n pris?
oner in tho midst of the disgrace
wrought upon her. She cannot remain
in Wheeling, she must go somewhere,
where she is not recognized, an out?
cast and n homeless wanderer. Any
place in Wheeling she would be
'. pointed out as "That Schenk woman."
j Her liberty moans little, but it is all
j you can give her, and before. Cod she
deserves what little there hi left in a
cruel, hard, unhappy lift*, for she la
innocent of the awful crime charged
against her."
At the morning session Mr. Maury
resumed his argument In behalf of tho
State. He. again touched upon tho
principal points brought out in rela?
tion to the poison found in the medi?
cine taken by Schenk, .'mil the fact
that the defendant bad bought it.
Opens for Accused.
Frank A. O'Brien then opened for
the accused, lie attacked the witnesses
, ~ (Continued on Third Pago)
PHILLIPS LOSES
AFTER VALIANT
FIGHT FDR LIFE
Novelist Succumbs to
Wounds Inflicted
by Assassin.
WAS CONSCIOUS
ALMOST TO END
Early Indications Seemed Sq
Favorable That Family and
Friends Became Hopeful of
Outcome?Real Motive of
His Assailant Remains a
Mystery.
New York, January 24.?David Gra?
ham Phillips has lost his brave light
for life. Ho died in Bellevuc Hospital
late to-night, a victim of Fttzhugh
C'oylo Goldsborough, an eccentric ami
emotional musician who, although of
refined taste and aristocratic Southern
stock, shot the novelist down yester?
day for a fancied grudge, then killed
himself. Phillips fought valiantly to
live, but six bullet holes were too much
even for his grit and sturdy constitu?
tion, and as 11 o'clock came and passed,
he died.
He was conscious up to within a
quarter of an hour of his death, which
occurred just at five minutes past 1L
o'clock. At the bedside were his sister,
Mrs. Carolyn Frevert; Iiis brother,
Harrison \V. Phillips; his personal phy?
sician, Dr. Eugene Fuller, and Dr.
Donovan, of Bellevuc. The immedtato
cause of death was heniorrhabe of tho
right lung, which had been pierced by,
one of the. steel-clad bullets from
Goldsbor ough's automatic revolver.
Hcuclvcd Vlaltom.
Up to 9 o'clock the novelist was rest?
ing quietly, and both physicians and
relatives were hopeful of the outcome.
He had been conscious all day, and had
i received visitors, among them his s's
tor, his brother; United States Senator
Beverldge, of Indiana, and several
writers of note. Their visits were ex?
tremely brief but all \ ho eanio away
appeared optimistic. About 9 o'clock
to-night the patient took a turn for
the worse, and although the surgeons
did everything In their power, the end
was inevitable. The physicians con?
cerned met directly after the death and
decided to request the coroner to dis?
pense with an autopsy. It is believed
that his request will ho granted, al?
though an autopsy is the usual thing
in all homicide cases.
Harrison Phillips announced that
Senator Beveridge will have charge of
the funeral arrangements. The Sena?
tor returned to Washington this after?
noon, but will probahly come back to
Now York in the morning. In tho
meantime, it is thought that Phillips's
body will bo taken either to the Prince?
ton Club or to the National Arts Club.
When It was seen that Phillips was
sinking il was decided to infuse into
his veins a warm salt water solution,
but he declined so rapidly that tin
suggestion was abandoned,
The coroner issued a permit late to?
night for the removal of the body,
without' the formality of an autopsy.
Senator Beveridge said over the tele?
phone from Washington that he would
bo In New York early Wednesday
morning.
.Motive a Mystery.
The assassins teal motive is as
much of a mystery as ever, although
the theory generally accepted is that
ho pictured himself and family as de?
picted unfavorably In one of tha
author's novels. There is doubt on
this score however, for there was
found this afternoon near his lodgings
what appeared to be pages from Golds
borough's diary. In these ho bitterly
resents what he styles Phillips's tin
gallant picture of the American wo?
man, as drawn in some of his writ?
ings. If these pages prove to be gen-,
nine, it would seem that the young
musician resented not what he con?
sidered an attack on his family, hut
rather sought to vindicate American
women as a whole. At any rate, the
obsession grew until ho shot the man
he hated, and sacrificed his own life.
Robert Adamson, secretary to tho
Mayor, said this afternoon that Golds
borough had called upon him at the
Mayor's oflicc about a year ago. "He
told mc." said Mr. Adamson, "that In.
was boing shadowed without cause by
two private detectives who occasional?
ly amused themselves by throwing
stones at him through a window. 1
told him to go away, and if the an?
noyances were continued, to call In
tile police.
"Goldsborough did not appear to be
a violent maniac. He told me that he
I came from a distinguished family and
that David Graham Phillips had writ?
ten a novel about his family. Ho
! seemed rather pleased about the dis?
tinction of it."
Body Taken to Washington.
Miss Francos Goldsborough arrived
from Washington to-day, and with her
cousin, John Fair, took charge of her
brother's body in an undertaking es?
tablishment. The body was sent to
Washington at midnight, Miss Golds?
borough will leave fur Washington
to-morrow morning.
She decline.! to discuss the tragedy,
hut said that her family would make
; public a statement within the next
few days. No information as to the
nature of this .statement could bo ob?
tained.
About the time of Phillips's death
the district attorney's oilice gave out
excerpts from Goldsborough's diary,
found on the aide-walk near his room.
lit was written under dato of June 11,
1910, at a time when Goldsborongh
i was living in Gramercy Park, In an
apartment which afforded a vie\r ot
the apartment in the National Art!
? Tub. occupied by the novelist and hi*
sister. Mr.:. Fievcrt. This entry saya
in part:
? I believe 1?. G Phillips is trying
to fake a case against me. or to d<
me serious bodily harm, or both. Yes?
terday afternoon about ? o'clock (5
i think) I was sitting In my window
[when I uotlced a pretty looking we<