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We arc ready to give you any weight in Underwear you may want for between seasons. Men's Balbriggan Underwear, E"Af_ Real Imported French Quality Witli long or short sleeve?, short or regular drawers. Sold here exclusively in Richmond. Sea Island Cotton Underwear Of the finest, softest cotton made, cream or white, every style, long, short or no slcccvcs. ankle and knee length drawers. The best to be had at the price. 75c, 50c and 25c. The best checked Nainsook Underwear made for com? fort and wear. Athletic Shirts of nainsook, 25c, 50c and 75c. Union Suits of nainsook, 50c, $1.00 and $1.50. EW EQUIPMENT FOR CITY'S PLANT oOld Poles in Southside Not Satisfactory to Engineer t Trafford. Acting on recommendations made in ?the report of Supervising Engineer E. iW. Trafford, the Committee on Elec? tricity last night rejected tho offer of the Virginia Railway and Power Com? pany to sell its poles and wires in ?Eoiith Richmond for the use of the : I new municipal plant. Mr. Trafford stated that the property would soon he j t,'ood only to he sold as junk, and thai he considered the prices ton high. Ac? tion was deferred on tho ?fter made for the sale of lamps and transformers as the engineer considered them more nearly worth the money, On the whole, howevor, he favored the purchase and installation of an entirely new equip? ment for Washington Ward. Mr. Trafford reported that owing to the delay caused in the construction ?work by the Storms Company, an ap? propriation of $o,n(Kt would he. neces? sary for street lighting now being c;<'!;<- l>y the Virginia Railway and Power Company. Ho was authorized to request tho street railway company to discontinue its lights from time to lim? as the work of tho municipal plant progresses. Alderman Bennett called attention to the fact that although $0,000 was available for extending the Broad Street lights from Jefferson Street to Elba Station, nothing had been done. 3le was Informed that tho matter was in the hands of a subcommittee that ?was waiting on the City Engineer. Mr. | Bennett and the people of his ward v ant the lights and lie told tho. com? mittee that he was going to take It tip himself so as to be sure to get them [before Christmas. OPPOSE OPEN SESSIONS XTolhr Hoard Will Still K\ert Prerogative of MectihK in Secret. Police Commissioner James A. Bradley jThnrf.'i^y nlpht orb-red ri resolution In the (ar.f?t!r^ of the Board .if Police Commission? er* prnvHiinc for open Hessinns. ;,i which Ith? pub?.- would , b" admitted. Mr. Bmdley -?? ---f supported' 'only b\ Commissioner Cliff [/Well, and ofr'lht*strenuous objections of the r-r.^r members of rhu board the resolution ?^aas tabled As a rr.a'tfr of fact, ur.dor an old ruling. tt.? public has a rieht to nttf>nd all lneet of tr.A board which tiro not declared to at the tlrn? in executive session. Bin no attempt has ever boon made to exert the r.ru!:e*?. The members of thr board ai? W|?ct*?l;by ths Council and the- iieurd Is a ere ?Ron of that liodv. No especial privileges "??*r* eyer Rrar.ted It. >.?; it t? the only de iT-a.- r.-.--,* iri the f'.ty uovrrnmcru which In ?"v-'.r-.ib'.y mr*ih ir. Mrr?-i session. P :? probable that the resolution will be !-tAV?r. from the tah!?; and the r.^ht for open ie'-sj:'r.i bft renewed. SAYS SHE OWNS RICHMOND AihanMIr? Titlr Examination Requested by | Cherokee Claimant. i Clitm to the property ort which th" clfv I ?jo( Richmond st?rid5 whs fi'.ed yesterday In l ?th* rifrk'? office of tri?> Chancer;. Cour: In ttb? form of a letter from Mr.?. Ejler Cudd j to r\'erk HavllSe Mrs. Cudd writes from }JV P. p. No. J, Cheroke*. 8 ?' : /"To the rink of tiio i-nitt at Richmond. Vnij: I "Dear Kir,?Yon please, look over the rec )?rris of real esstale in the rojclstcr's office : and find out if there has any land ever be j b r eed to anybody by the name of ficay er '*Be!.:!'.< r. for the last hundred years, and let | me know, i have bin toide by my parents Ithe.t the land whare Richmond la on that * It was left for the Seay and Reicher h*trs. ( > nd I r.rn en?> of thr Si ay Heirs. I enclose you a two.?ftit stamp for you to reply back tr mee to ,?t rriee hear front you. Please address your it tier to Mr.v Eller Cudd." Mater Savllle has hot yet begun the ?ealtch of the ret ords requested He thinks ^? do?en or so clerks might accomplish It In " % h? If dozen years, but the description of'i the land arid claimants is somewhat meagre, j BulldiDR Perndls. Building atid repair permit* wire i?s-j{d yesterday a? follows: Harry M. bawdcr, to rcr.alr a frame dwol IttiK north side of Eleventh Street between Ballroad and Semmeii Streets, Washington Ward, to coat J30O. M. C. Anderson, puardlari of J. \v. a;:i ton, to repair a brick office and store. ROl-503 E.im Main Street, to cost S3,*i0. Rudolphus Hawk.', to repair a frame dwel IInsr. 1101 Sernmes Avenue. Washington Ward to coot |fiH. Straus, Gunst & Company, to rei>ati u-n It rick stores. SC's-V.O East Main .~trfi-t, t" com %*:<<? Mrs. A. B. Winston. to repair a frame dwelling, 104 North Strawberry Street, to cost $300. FinUh Trial To-Oay. Trte! of the suit of Bottman. Johnson A Mftphtpany asalnst the Shelby vinegar Com raoy for tillered breach <?'? contract wrtt ho ijtun yesterday in tho United State? Qlrculi fcourt for the Eastern District of Virginia. ('Argument wfea lizard, but was not iom 3r>'<rted. and court was adjourned to 10 o'clock Shhj morning. _ '?Are You Going lo Europe This Summer? Call ob the Richmond Transfer Company for rates and sailings. 809 E. Main Street. St. Peter's and St. Paul's Object to Vaudeville Theatre in Same Block. Trotcst has been lodged with Mayor Richardson and Building Inspector Reck against the erection of a vaude? ville theatre tit the corner of Eighth and Grace Streets by the congrega? tions of St. Paul's Episcopal Church and St. Peter's Catholic Church, both on the sumo block. Mayor Richardson said that he did not see how he could interpose any objection at this time, thotigli he would regret to see the Churches molested or interfered with In any way. -'If the theatre proves a nuisance nfter it is built." he said, "It can be dealt with as such. There is no law, so far as 1 know, to prevent the Issuance of a building permit at that point." Building Inspector Reck yesterday Issued a permit to Henry S. Waller stein to tear down old buildings now occupying the site. Plans for the new theatre have not as yet been filed in the Building Inspector's ofTtce. but Mr. Bock said yesterday that he had no authority to interfere with the pro? posed construction so long as the plans and method of construction comply with the Building Code. Rlitjr ?>i? Into Court. It Is stated that Bishop A. Van Ho Vyver, representing St. Peter's, has consulted B, Randolph Wellford nnd Kppa If uhtdh, .lr.. members of the vestry of St. Paul's, and it is antici? pated that if sufficient ground can bo found those attorneys will Institute lepul proceedings to prevent the erec? tion of a theatre at this location. Tho site.of the proposed vaudeville house will bo directly opposite to St. Peter's, and in tho same block wit!i St. Paul's church. It is diagonally across from the McGill Catholic l'nton and Knights of Columbus building. It Is argued by officers of the churches that the presence of a vaudeville theatre element In the Immediate neighborhood of the churches, with billboards and lithograph posters of plays atifi actresses would be offensive to many church-going people, if not. in fact, positively Indecent, and that ? daily vaudeville. even though tho ! theatre is closed on Sunday, would be objectionable in the l.enten season and at other periods when special ser? vices are held. Agents for Mr Wallers|eln claim that as owner of a valuable site in what is comiiiR to be more and more a business section. Mr. Wallersteln has every riebt to I in prove It with a hand? some building, which will be patron? ized by thousands of Richmond people. KENNEY INDICTED Henri? ?> Man Must Answer !ti Court for ; Serious Charge. An indictment was brought in tlie Hcnrico county Circuit '""int yesterdav against C. Ii. Kenncy, a you n't; unite man. who it> charged w|th attempting !?> assault Klorerice Russeti, :i ten-yti.ir-old girl. The ease will not ho tried until the nr\t term of court. rlettry Rrovm, colored, was Indicted of ns ranlt and battery and housi bi oaklng. He [? idcd n i ?' ?? before Judge Scott, whp re? served ins derision. The charge against Drown uns that he bent Philip Colomati. a. colored man. more than eighty yea'rs of age. I to Insensibility and then, with the a hi of ?inothei negro, i<roke open and ransacked I the house, Hi* confession, it Is expected, will lead to the attest and conviction of the I members of a rang of thieves which Ipis been operating in the neighborhood of (jlen Allen for ?um? time. POLICE COURT CASES Ii, W. I.iindruiii Proves tiood Character and Is Dismissed of Serious Charge. (.? m i.'oleman, white, charged with r,i< ry'lhg ?? concealed razor, way discharged yes? terday In police Court. I. w. Landrum. charged with receiving . stolen china and tableware, valued at $lT7.f>0 I frqin C. < >. Alley, wait dismissed. He proved .1 good character and that the alleged stolen I bioporty was taken home by two small chlt di en. 1'ltzhugh Morton, colored, charged with reckless driving, was lined *20. Mnttle Price, colored, wan fined $2" and placed under %'M< security for nlnoj^ days on a c|iarge ef running an oblectionable resort a: p. Rasl Cla> Street, and Dlzzlnine Mori cure, tried on the same charge, was (ln.>d 510 .? I placed under Jl'iO security tor twenty daj <v JIM KEYS CONVICTED [Negro Who Shot Policeman Tale to <\n to Penitentiary for Thirteen Years. . .Urn Keys, the negro who ?bot Policeman lau on the night o( December 24, wo, while the Inner was patrolling Jackson Ward, was u'ed ycHterdaj in the Hustings Court and i';is convicted, Hie uiry bringing In a Ver? di? t of ten yearn in the penitentiary. On t!i.> rhnrge of attempted robbery he was u'.o\j f-iuinl futility, atid three additional year* in the penitentiary was given him. It was v/hllo Officer Tat.- whs attempting to arrest Keys f?>i Bttompted robbery that the nogro bud und wounded |ho polb:enian. Albert Harris, who was. nlleged to hav* participated In the attempted robbery, was ac'piitted. George Rusaell, colored, charged with at* , 1j,.cptp>^/obhjSxy^.wa*.a?^ultj,cd, SHIPPER INDICTED E. IB. Taylor Company Charged With Violating Interstate Commerce Act. jMISDESCRIPTION ALLEGED Government Claims Roads Were Defrauded by Demand tor Unfair Rates. Following1 an Investigation made by agents of the Interstate Commerce Commission, the grand jury in the United States District Court yesterday returned an Indictment, containing nine counts, against the 13. B. Taylor Company, of this city, charging mls dcscrtptlon of freight shipments to avoid the payment <>f legal rates of t r?uspert a 11 oh. The nine allegations presented to the grand jury by the government showed that the company. In making mixed shipments, described the pack? ages as containing only goods of tho lowest classification. The law pro? vides that when a package contains several classes of freight, each shall be described, and the rate shall bo governed by the article having the highest classification. Reported to C'ommlnnton. it was charged that the R. B. Taylor Company had been reversing things. For example, toys are rated as first class, glassware as second and earth? enware as fourth, the rate on the lat? ter being the lowest. Representatives of the Southern Weighing and Inspec? tion Bureau, an organization main? tained by the railroads, alleged that shipments sent out of Richmond by the firm containing the articles enum? erated above had been described as earthenware, the barrel or box being classified as earthenware when the rate on toys, which was higher, should have boon paid. After these allowed discoveries the bureau made a report to the Interstate Commerce Commission, whose duty it is to protect railroads as well its ship? pers, and the commission sent agents to Richmond to make an independent investigation on the part of the United j States government. The government j agent appeared before the grand jury | yesterday I.Ik* Double Indictment. While there are nine specific counts j in the indictment, they are In the na- ; ture of a double count, due to an amendment to the law which provides that an attempt to obtain transpor? tation at a lower rate than that pro? scribed is a violation of the statute. Kach charge case, therefore, charges that the B. B. Taylor Company wilfully obtained rales to which it was not entitled, and that i' attempted to ob? tain such rates. The Indictment was purposely drawn that way to meet either phase of the case, inasmuch as the amended law provides that an at? tempt is virtually the same as obtain? ing a classification to which the shloper was not entitled. It was said at the Federal building yesterday that this was the first in? dictment of the kind hereabout, and certainly the first since the law was amended In .Tune. loin, to tftaludc <".n attempt as a violation. Cnrrien Ilcnvy Reunify. The section bearing particularly on the Taylor indictment Is ns follows: "Any person, and any officer or acrent of anv corporation or company who shall deliver property for trans? portation to any common carrier, sub? ject to the provisions of this act. or for whom, as consignor or conslenee. nny such carrier shall transport prop? erty*, who shall knowingly nnd wil? fully, bv false billing; false classifi? cation, false weighing, false represen? tation of the contents of the packages, or false renort of weight, or bv any other device or means ?whatever, whether with or w'thout the consent or connivance of the carrier. It? arrent or airents. obtain transportation for such property at les^ than the regular rates then established and In force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be n misdemea? nor, and shall, upon conviction there? of In anv court of tbe United Plates of competent jurisdiction within the district in which such offense was committed, he subject for each offense to a fine not cxcccdlnrr $r?.onn, or im? prisonment in the penitentiary for a term not excelling two years, or both, in tbe discretion of the court." Amon.tr the witnesses apnearinsr for the prosecution were; if. p Phinney, local atrent for the Seaboard Air Line; D I.. Bledler. of Riehmond. Inspector for the Atlantic Coast T,lne; K if. T.ea. 1oe-il freight agent for the Southern Railway, and O M. Croslnnd. of Wash? ington, representing the Interstate Commerce Commission. ?Judgment Ajnilnst Colored I'nlr. ?Judgment was entered yesterday In the Law und Equity Court In the case of T... ft. Edmunds against the Colored State Fair As? sociation ;or tS2.2.r.. tines t<> Ttnltimore. George D. Johnston, of Alexandria, jvho has been In Richmond since last November, lett yesterday for (Sundry's Sanatorium near Baltimore, Md.. to remain there until his health Is re-established. Defendant in Damage Suit Filed by R. G. L. Moncure Granted Transfer. TO BE HEARD IN ALEXANDRIA Man Charged With Assault oil Virginia Lawyer Is Citizen ? of Maryland. On petition of the defendant, the Ruit for rtainnpps recently brought in the Fairfax county court by lt. C. L. Moncure, the Virginia lawyer, who is alleged to have been brutally nssault od wliilo on his way to tho courthouse by Joshua T. Offutt and Peyton find Joseph Whalen. was yester<lay trans? ferred to the United States Circuit Court for the Eastern District of Vir? ginia, sitting in Alexandria. The suit Is for the recovery of S?.ono. the plaintiff alleging In his declaration that the expenses caused by the illness consequent upon the attack on him amounted to $S00. AH"milted in Jnntiury. C. Vernon Ford and 'I'. Morris Wampler are named as attorneys for the plaintiff. In his declaration ho sets forth that he was attacked on January 25, 1011, while he was on the high roads, on lawful purpose bent, and without just provocation by Offutt. Peylon and Joseph Whtlen are al? leged to have been conspirators, and to have aided and .'.betted In the al? leged unprovoked assault. Mr. Moncure was severely beaten, and declares that, among other Injuries lie received, the sight of his left eye is permanently impaired. The attack, the details of which | will he recalled by the public, occurred ! in RockvlUc, Montgomery count v. Maryland. Mr. Offutt petitioned on tlio grounds that he was a citizen of Maryland, and that Mr. Moncure was it citizen of Virginia, and that as the amount sued for was more than $2.nun. the ease be transferred to the United States court. The petition was opposed by the plaintiff, but was granted; Virginia Organization Formed, | and Greetings Come From President Taft. Vale graduates In Virginia held their i initial meeting and banquet in the Commonwealth Club last nicht, rind took steps for the organization of a Yale alumni association. Distinguished ' company was present, among the vlsl- I tors being the Rev. Anson Phclps Stokes. Jr., secretarv of Yale Univer? sity. During the first part of the evening a short, business meeting was held. ] and the following ofheors were elected: | Charles R Poster, president, and Wll- i Hani Todd secretary-treasurer. The principal address was delivered by Mr. Stokes, whose effort was an ex? pression of Yale's policy to become a ! national university, drawing men from j nil sections of the country. He gave the graduates information In regard lo the latest development? in the dif? ferent departments nt Yale. Addresses were made also hy Pro? fessor Dickey, representing Harvard, and Evans Lindsay, representing Princeton. Tn these addresses many pleasantries were indultred In in re? gard to the athletic relations among the three Institutions?Harvard. Prince- I ton and Yale. Dr. H B. Frlsscll responded to the toast "Rjducatlori." referring to the work of the great educational institu- j tions of Virginia. Retters from President Taft and President ITadloy, of Yale, evoked much applause. Yale sotiks were sung nnd campus characters were discussed. ( C. P. Poster acted as toast master. Loo! McClung. treasurer of the United I Stales an old Yale athlete, sent greet? ings from the Rankers' Association banquet. Among those present were the Rev. A Fi Hale. Rucrus Parks. Jr.. A. Y. Klhtr, W. H Scovell Dr. If. B. Frissell. William Todd r R. Lasslter. Evnn? Lindsay. R W. Farley. C. R. Foster. F. H. Ken yon ano Richard Armstrong. T. P. A.'s Annual Meeting. Post A of the Travelers' Protective Asso? ciation will hold Its annual mectlny to? night at 8 o'clock. IteporiB for the year will be read and officers elected. Vice-president T. M. < 'a r ring ton and Business Manager w. T. Dnbiiey, of the Chamber of Commerce, -.vil! he present at the meeting and urge the post to indorse the proposed Richmond Northern Neck Railroad. *cgro Employed in Tobacco Factory Hurried Away to County Hospital. CAME FROM NORTH CAROLINA Wife and Three Small Children Removed to Prevent Further Spread of Disease. William M. Boxloy. a young colored man employed in tin1 \V lilt lock branch ot the American Tobacco Company, was yesterday discovered by the Health De? partment suffering from a weM-devel o'pod case of smallpox. Up to a short time before he was taken Jn hand by the department he was working in the factory beside scores of laborers, and until an investigation is made by Dr. Levy and his staff there is no way to toll' how far the infection lias gone. The case was reported to Medical In? spector Hudson, who called in Or. West, diagnostician for the Health De? partment, it was pronounced a gen? uine case of smallpox. Knmllv He moved, Too. The negro, who is thirty-two years of age, has a wife and three small children, all of whom were removed to the smallpox hospital with him last night. ' Two of the children have been vaccinated and arc believed to be Im? mune from the disease, but as their mother has not taken that precaution and there Is no one to look after them, they, too. must go to the hospital. As far as the department was able to trace I yesterday, the case, like most small? pox cases among the negroes here, originated in North Carolina, It was found out that a negro from Durham, who worked in the factory with Box ley. ,ind who left some time ago. broke out with the disease while at his work, but succeeded In getting away before the health authorities wore no? tified. The Health Department will make a thorough in vest I gallon of the Whit lock factory to-flny in order to ascertain to what extent the disease may be ex? pected to spread from that source, and to take every precaution possible to prevent a general outbreak. It also will he necessary to fumigate Boxley's house at nr. North Twenty-llfth Street and to enforce strict Drecautlonary measures among the people of the neighborhood. frged Vaccination. "Immediately after the last cases." said Dr. Levy last night, "the depart? ment sent circular letters to all facto? ries and other concerns of the city, cautioning them against the disease nnd advising that all employes be vac? cinated. Very generally we have re? ceived favorable replies, hut we failed to hear anything from the Whltloek people. I hear that some of the large concerns hive so far co-operated with its that they require every one mak? ing application for ? position to be vaccinated. If they all adopted that plan, there would be much less danger from smallpox and less work for the departmcnt " LEAVES BLUES' BAND .Musician Cnlnvltii Get* Wsclinrge for mild? ness Reasons. On the heels of the award of the contract for music In the city parks to the band of the Hlchnmnd bight Infantry nUiop" Itnt tallon, Thief Musician Philip Colavlta has retired from the organization, tie pnv? bus? iness as his reason for Irsvlng the battalion, and hHs lif?n granted his discharge By Major lv W. Rnwles Mr. rolnv.'tn has ndven much nf his time to building up the Blues' Hand, and Is givon much credit lor his faithful work His de? cision to lenve It Is. therefore, the cause of filnte Committee to Meet. A mretlni? of the executive committee of th?> farmers' Educational and c...operative Cnlon of Amerirn. Virginia division, will be held at the Lexington Motel next Tuesday night and Wednesday, The state body mot In this city In February. SAVED NECK; BROKE KNEE Tom Crerre, Colored. Thought for Would .Jump Track, nnd Mo Jumped First. frightened because the car he was riding swayed from side to side and seemed every moment ready to Jump the tracks. Tom C.reere. colored, hist night thought to save' his nock hv jumping from the car as it went through the Kulten yards of the Chesapeake and Ohio Railway. Me saved his neck, hut btoke Iiis knee cnp. Me suffered also mnnv bruises and regrets, rir Turjnan. of the city ambulance, dressed the bruises nnd the hroken knee cap Grocre will attend to the j regrets in the Retreat for the Pick. Quarrel Lends to Pnlfcon. Mary Raker, colored, of 112 West I,eigh i.?licet, quarreled with her husband yesterday j morning, she said, nn.i the world wan dark and gloomy. When her despondency became abject she took a dose of nntlseptlc tnhlets, j diluted In water. Fortunately the dilution was sufficient to ward off death until the ar? rival of Dr. Turrtiati. of the city ambulance corps, and he saved her. Suit Instituted. Suit was brought yesterday in tho Law and Equity Court by Milnii Slandish and I Hoben Hancock, partners, against the Jlal I tlmore and Ohio Hallway Company for $62* 'claimed for goods lost In transit. URSES' CLUB T GET CLUB-HOUSE Plans Discussed at Annual Meet? ing at Which Officers Were Elected. Though only one year has elapsed since Its organization, reports read be? fore tin- annual meeting of the Rich? mond Nurses' Club yesterday afternoon showed thai it was in the most pros? perous condition. It was started witlt I a handful of members, and yesterday tin- membership committee reported [ forty-four. I The. following officers were elected: I President. Miss Elizabeth Cocke; First j Vice-president. Miss Margaret Wat I kins. Second yMce^PresUlont, Miss j Nannie II. Jones; Treasurer, Miss Sallle Webb; Secretary; Miss R. Isaac? son; Assistant Secretary, Miss Mar? garet Neal. Special effort will be' made by the Club this yfcar to got a suitable club? house as a home for graduate nurses, similar to those established In tho larger cities of the North ami "West. With this they can more successfully carry out Its objects, which are to ad? vance the standard and best Interests j of trained registered nurses |n the State, and place the profession on the highest possible -pinna; to uphold the code of ethics, and to promote social intercourse and good-fellowship, much regret among hl? fei Iowa, Cora nn iiuttiilton stair. Rudolph Siegel im? been appointed by Major K \V. Howies to the position of bat? talion quartermaster-sergeant of the iibien' Battalion en the non-com missioned staff of i the major commanding. The place linn been practically vacant for some time, since (..'. Rolsscau lett the organization. Active* Meet To-NI?ht. The Clay Ward Acttvea will meet i^, night at R.15 at Monroe Hail, it is expected that some mattem of public local Interest will he, i i yp ffit. .iUac.ust^pn^, STREET CLEANERS IN COURT TO-DAY Warrants Charging Housebreak ing Served on Them in City Jail. James iiiggins and Jamc-h Riser, fnr I marly employes of tho Street Cleaning I I department, will appear In Police I Court this morning to answer to u I charge of breaking Into the store of .1. Li. K.i-k. --Ii i iie Hermitage Road, and ! stciliiig therofrom tt box of cigars, j two pound! of chewing tobacco, forty I two l)oxos of sardines. thirty-one j packages of clgarcttOK and one. bar? j only one liar of soap. Tho warrant ch^rgin^ them with housobreaking and , robbery was served on them yesterday ; morning in the City -fall by Bicycle j Policemen Tiller and Held, who figured I In the original arrest, and who wore afterwards detailed to procure ovi- i ' demo ill gain i the two suspects, Despite the bullet wound In his loft ley, Hu sii wits able to walk, though j with a slight limp, out of his cell downstairs, where tho o dicers were awaiting him. Ho was arrested Moh i day night on Lombard}' Street, near j Allen Avenue, as lie was on his way I bom. , lie passed tho two officers, tind tin in, or. a, nn'uiit of his great suffering, ? hi returned ittid asketl their assistance. I They tools him into the ofllco of Or. : HlllHtnun, where the wound was dre set! Ife uns unable to tell thorn where, how, or |(V whom he wan shot, ?ad lliey started an investigation. Illgglni wai la ti,r identified by ji'negro I named .lesse Craves as tho man ho (Braves) had shot as the former Itnhpod-oiit of lack's store. Though the ritore |h owned by ,T. B. Kok, It i? run ?>' Mrs Annie Bollard. Riser will ul tempi t.. prove nn alibi by about ten witnesses, what Hlgglns's linn of de? fense will bo is not known. Ife has never offered ah explanation of how be was shot Cilheri K. Pollock has i" en , niployed to defend the t?'!? im^cV^itanyiy. - Crcery Watched in Factory, Then Arrested, After Which His House Was Searched. After having been watched from a] convenient peep hole, YV, .1. Creery, a white man about fifty years old, was arrested late yesterday afternoon on suspicion of having stolen ?t quantity of tobacco rrorn the Larus Tobacco Factory. Creery wnsi watched by Detective Sergeant Wiley, who arrested him a few minutes after ho had left tho building. As lie placed his hands on Crcery's shoulders. Sergeant Wiley also touched the man's pockets ami took out two unstamped plugs of to? bacco, each weighing nineteen ounces. "What did you do this for?" asked the detective, as he exhibited tho al? leged stolen tobacco. Creery wilted. He had nothing to say, except to bog that a search warrant be not sworn out to give the officer the privilege of searching his house. He gave full per? mission, and. in company with Detec? tive Sergeant Kcllnrn. Sergeunt Wiley Weht to Crcery's homo. and. following directions given^-lfy the latter, found i tobacco hidden beneath a bed. In all I here wore ten plugs and several boxes of expensive smoking tobacco. Creery has boon employed by the l.arus Tobacco Factory for some tlmo. Stealing/ has boon noticed, nnd mis piclon fastened on Creery. lie was watched, and tobacco was found on his poison. He said afterwards that he had supplied himself with government tags with which to stamp the supply ho'obtained. It Ih a felony to sell to? bacco which does not carry a gov? ernment stamp. leaves Battalion. Private D. A. Shafcr. of Company B. Rich? mond night Infantry Blues., has been honor? ably discharged from ?iu battalion for bus ! Spring Styles Are Ready [ It's a small announcement that represents a large stock of the most exclusive and meritorious apparel that it was possible to produce, j We await your call. | 11 Gans-Rady Company I- "1girtr 1.'"' Former Coast Artillery Officers Hasten to Return Military Property. There iff little doubt that most of tho military property until recently In use by the battalion of coast artil? lery will bo recovered. The officers who were recently deposed by the order disbanding the entire command are bestirring themselves In face of tho suit instituted against them in Norfolk by order of Adjutant-General Sale. At first, according to reports made by Lieutenant D. S. KlnBtcin. who was detailed to receive the property, the former officers were defiant. They showed ho disposition to get the val? uable equipment together or to see that It was returned to Its owner?the United States. Hut the uncompromis? ing methods adopted by General Sale Seeth to have produced entirely satis? factory results. It is said the property is appearing with lightning-like rapid? ity, and the probabilities are that at an early date the greater part, if not all, of the expensive arms and ac? coutrements furnished the late bat? talion will be returned. It Is the intention of General Sale to hold commanding officers of com? panies to strict accountability for all military property issued. This applies to all branches of the service. fn the past a large amount has been unac? counted for. with the result that Its value was deducted from the State's proportion of national military funds. Now the property Is to be regularly inspected, and the company's funds will suffer in ratio to the shortage. In the smaller towns, where armory facilities are poor, there has been a good deal of carelessness In this mat? ter, ninny of the men taking their equipment to their homes and all traces of it being lost. All material worn out in service Is replaced with? out charge, but this Is required to be proven. MANY APPLES SHIPPED Stimrt'H Ornft Citizen? Show Mngnl rutle of Their Industry. Commissioner of Agriculture K?lner acknowledges that the people ' of Stuart's Draft, in the Vallev of Vir? ginia, have the poods on him. Re? cently, while n farmers' Institute was In progress there, he made the state? ment, based on Information given him by a citizen, that sixty carloads of apples had been shipped from that point durintr the past season. This was not done In his speech, hut to some Individuals. Mr. Kolner using It as commendatory of the community. The remark has cost him an expla? nation. Citizens immediately started an Investigation, believing that the truth had been hut half told, and se? cured statistics from the railway com panv. As a result, a three-page letter arrived at the Department of Agri? culture yesterday morning. The figures show that Instead of sixty enrloads of apples, no less than 200 were shipped front Stuart's Draft during the season, comprising .lo.don barrels. In addition, there were 2rin cars of hay, 10n of lumber. 300 of flour and feed and forty of corn and oats. In addition, there, was a request that Oils Information he printed In The Times-Dispatch fe?r the Information of nil the people of the State, so that they might know the magnitude of the apple Industry In Virginia, and at Stuart's Draft In particular. \n \ewi of TexB? Trip. No Information has as yet heen re? ceived by the Adjutant-General as to the number nnd rank of the second de? tail of officers to he sent to the ma nouevre camp at San Antonio. Texas. Presumably, the detail will leave Rich? mond on April 1C. At the time th? first order was received It was the under? standing that more than were ordered out In that Instance?five?would he called for next time. Many of the Vir? ginians are still anxious to go to the front for the training which they will receive. ?TiidueB Will Tmde. The Governor yesterday designated Judge Waller R. Staples, of the Cor? poration Court of Roanoke. and Judge Thornton D. Massle. of (he Twenty first Circuit, to hold court for each other, to try cases hi which each feels lie is incompetent to sit. Meeting? Well Attended. The series of meetings for farmers on the Norfolk and Western will end this afternoon. Commissioner of Agri? culture Kolner. who has been with the party, hns returned to the city. The crowds were large In every Instance, reaching *00 and 000 nt some points. During the coming week a special train will be run between Richmond and Washington, which will end the long series of Institutes. Give* Up Position. After a stay of only a few weeks in Virginia, P. TV. Guse. Inspector of Creameries for this State, lias given up the position and returned to his homo at Madison, WIs. Mr. Guse told Dairy nnd Pood Commissioner W. D. Saunders that ho liked the outlook for development of the Industry In this Stale, but that personal Interests de? manded his return to Wisconsin. Bond* MIsMlng. Because n number of the court clerks of Virginia have, failed to send In the bonds of commissioners of the revenue, ns required by law, the Auditor of Public. Accounts has sent out letters calling attention to the omission. The bonds from one or more commissioners from forty-five of the 120 counties nnd cities wore missing, making a total of about seventy-five bonds. The Auditor is forbidden to do business with a commissioner until a copy of his bond has been filed. Cnve-Tn Ttepnlred. The cave-In In tne Capitol Square is ?being repaired by the putting in of a new sewer and nha?ndoning the old one, which became choked tip. entirely. Colonel Richardson yesterday put in a drain connecting with the shlllside above nnd running to another sower n little lower down. Tho hole will bo filled at. once and the walk relaid. ,?nw Fractured. P. A. Sledd, of 11 IG Beverly Street, an em? ploye of the Chesapeake, nnd Ohio Railway Company, was seriously Injured yesterday when a Jack lover he -was working flew up and struck him In tho face. Tils lower jaw was broken, nnd thfl fracture Is regarded as serlou?. He. was attended by Dr. Turnian. of the city nmbutance corps, nnd was after? wards taken to the William Byrd Hospital. Made Flr.it Sergeant. Sergeant James B, Puller has been made first sergeant of Company A. Richmond Blues, by nppolntment of Captain T. B. Mc? Dowell. He succeeds B. H. Hicks, who \vaa rocenUjf, clccjed secpnA Uautcnaau Light Committee Had Stomiy Session, at Which Everybody Talked at Once. Confusion and discord reigned su? preme In the special meeting of the Committee on Light last night over the question brought up by Council? man Seaton. who holds that the city can save Jfi.000 annually by owning and operating Its gas lighting system Instead of putting It out by contract, us at present. Mr. Seaton. who is not a member of the committee, was on hand with hlj figures, lie told how the lights of Bal? timore were run at a cost of $10.85 each uceordlng to his plan, while those of this city, by the terms of the old contract with the American Street Lighting Company, are costing ?13.fi0 pending an acceptance of the ID) I bid for one year, when the company, agrees to furnish them at $13 and give a 00 i-enta rebate from January 1, when the old contract expired'. Finally, over the earnest protest of Councilman Jo? seph k. Powers, the motion of Coun? cilman Workman that a subcommittee of three, with the Superintendent of the Gas Work-, be appointed to t> In? vestigate the purchase of lights by the city and advertise for Information, was passe;]. Ootincllmon Saunders. Workman and ITobson were appointed on the committee and dire ted to re? port to the committee on April 28. All Talked n? Once. Previous to arriving at this conclu? sion it was at times more than the chairman could do to maintain order. Frequently several members of the. committee wer?- talking nt once, and Die sound of the gavel was like the dropping of a pin on the committee room carpet. Then. too. Mr. Crimes bad to pass upon nearly every parliamentary rule Finally, In a chaos of motions, amend? ments and .Substitutes, the chairman stated to the belligerent members that, he proposed to run the committee, and that any member wap at liberty to ap? peal If he so desired, and then some? thing definite was reached so far as this meeting went Councilman Hogers tried hard to get the committee to take up the bid Of the American Street Lighting Com? pany, which was recommitted from the last meeting of the Council, but bo was overrub-d. Mr. Powers, who fought with great tenacity; as a last resort rose Just before the vote was taken on the Workman motion and asked dramatically what they were ^oing to do when the lights went out. explain? ing that there was nothing to prevent the American Street Lighting Com? pany from discontinuing serviee, as it wan not how bound by contract nr bond. The chairman explained that the City Attorney had ruled that both the city and the lighting company were bound to give slxfv days' noil'* before such a Btep cottid be tnken. Mr. Powers wanted to see it m writing, and was not satisfied when It was not forthcoming. Other members of the committee were, and voted accord? ingly. \n Strong Arm Work. Warned by the previous meetinir. Sergennt-at-Arms Puskell was present, hut there was never any necessity to do tho strong-/irm net. A representa? tive of the American Street Lighting Company was there and wanted to say something, but there was never a look in for him Also. Chairman John .1. Lynch, of the Electricity Committee, offered suggestions, but he was In? formed that the committee was amply able to attend to its own business. Mr. Lynch smiled and said In an under? tone that he. saw no evidence of It. RAILWAY STATEMENT Proportion of Expenses) of Chennpenke and Ohio I? <"iro?v!ng. Showing n gain of 1 per cent, in gross operating revenues and an In? crease of S tier cent, in proportion of expenses to gross revenue, as com? pared with the same month In tho preceding year, the statement of reve? nues and expenses of the Chosapcako ami Ohio lines for February, 1911, has jiiSt been issued. The increase in the total revenue, is $21,515.15, which probably means a loss when it is considered that the 1911 figures in? clude, the Chesapeake and Ohio ilail wav of rn'diann. ? The frleglit revenue shows a decrease of $33,601.90, or 2 per cent., while the passenger has grown $37,54L26. or 1'2 per cent. The total operating revenue for February. 1011, was $2,109.195,18. against $2.387,680.03. for February. 1910. Operating expenses increased from $1,551.367.51 in 1910 to $1,692. 665.16 in 1911. a growth of $141,207.65; or 9 per cent. The proportion of ox ponses to gross revenues in 1911 Is 70.3 per cent., while In 1910 is was 60 per cent. In the eight months from July 1. 1910. to February 28, 1911. the net operating revenue decreased Jfifi8.228.03. nr 8 per cent . while the surplus fell from $4.183,593.13 to $2,574.821.99, or HS per cent. SET FREE, THEN ARRESTED Warrant Served on Donovan as He Leffc State Penitentiary, .lust as he walked out of the penitentiary yesterday morning, after serving a two-year term for forgery, Daniel Donovan wus ro nnested on the same charge, and la being held for the authorities of Buffalo. N. V. lie 'was locked up In tho First District Station tc5 await the arrival of an officer from New York. Donovan came to the penitentiary when he was convicted of forging tho nnme of William ?liannon to a check for $10. lie was Bald to have been a good prisoner and prob? ably woultl have been paroled after serving his first year bad not the charges from Buf? falo been preferred against him. lie formerly was a railroad detective, anrt Is said to have been nt one lime employed by the New York Central system. Frank Kowe Missing. Frank Powe, nine years old, was reported yesterday as missing from his home nt 224 North Twentieth Street. He Is of light com? plexion, has red hair and brown eyes. A scar Is to be seen on Pis tipper Hp. The last heard of the boy was that he took tho fast train from Newport News for Itlchmond on April 1. Ills ftunily and friends are much worried about his continued absence YOUR MONEY In this bank is absolutely, safe. Wi give the most careful attention to th< details of your banking business. 3 per cent, compound interest/ $1.00 starts an account. 1117 liast Main Street.