Accuses Opponent of
Defeating Bill to
Abolish His Fees.
Candidate Challenges Mercer'si
Discharge of His Duties and !
Accuses Him of Bad Faith 1
in Opposing Fee System.
Howie After Franklin
Accusation* of had faith and of mis
representation. with veiled allusions to
neglect of official duty, were made last
niKht by Stephen Johnson against his
opponent. City SherlfT J. Herbert Mor
ivr."<r,t fWMH!,y of tho ^Han-American
first ex'l.I ' ?? The ,nc,d<*nl "'arte the
?*dtlnK feature of the speaking
rampalK,, for city office*. which has j
heretofore gone along with little In
SherlfT Mercer, who had spoken In I
advance of Mr. Johnson, had no oppor- j
tunlty of reply last night, but It Is
assumed ho will be h. ard from later.
-Mr. Johnson's remarks were brief,
hut they were exceedingly pointed.
"Mr. Mercor has just said to you,"
he began, "that lio has faithfully per
formed the duties of hlH office. Jf that
statement were true, I would to-day
1 supporting hJrn for re-election, In
stead of opposing him.
"No doubt you have noticed that Mr.
Mercer has been having himself <juoted
In th* newspapers as the bttt.-r enemy
of tho foe system and an advocate of j
a salary basis for public officials Let
mo toll you that a bill was Introduced !
In the last Legislature abolishing the 1
fooa of the office of City SherlfT of
Richmond, and providing a salary.
Deputy Sheriff Sam Shield appeared i
before th> committee )n behalf of the i
bill It passed tho House, but Mr. Mer
cer killed It in the finance Committee
of t ho Sena to."
With this statement, Mr. Johnson re
sumed his seat. Sheriff Mercer sat
quietly In his. Tli?* applause seemed
about evenly divided between the two
Kllll W no Not Itrporteil.
It Is recalled that there was such a
bill as Mr. Johnson refers to. and that
It was never reported from the Senate
Finance Committee. In making up its
estimates of Incomes of city officials, :
on which to base Its primary entrance
fees for tho present campaign, the
finance committee of the City Demo- ;
eratle Committee estimated the foi*s of
this office at only }!,S00.
Mr. Johnson did not develop what- j
ever lie might have had in mind con- !
cemlng his opponent's failure to per- |
form the duties of tho office.
Fraternity Mall was packed with |
members of the Italian-American I'oli- !
ileal <"lub. President Louis Hlagi was ,
In the chair, and Frank Ferrandlnl in- 1
troduced the candidates. Peter Uoninl j
Is vice-president of the organization,
and Louis Corrlerl is tiio seen tary.
IlallmiM Keep Out of .loll.
Very few Italians ever lanfl in tho
City Jail, according to Serjeant John
L. Satterfleld. He asserted that all the :
supplies for that institution are bought
In Richmond, except perhaps soap pow
der, for which the brand is selected I
by the matron, nnd on which Rich
mond people get the profit.
Wilbur J. Griggs, who Is a candidate !
for Sergeant, said he favored good i
hours and good salaries for the em- '
ployes of the office. He said he would
buy all supplies in the city, including
soap powder. Further, he would not
confine, the patronage of the Jail to j
"two or three or five or ten merchants," ?
but would distribute it around.
Sheriff Mercer simply said, as his op- |
ponent quoted, that he had done his .
duty and would keep on doing it.
A mule car In Richmond gave T.
Peter Howie his start In life, said that
candidate for Commissioner of Reve
nue. Answering what Commissioner
Tresnon has previously said about the (
compliment paid him by the grand jury i
that Investigated tax returns, he protn- ?
Ised to conduct the office so that grand |
Jury investigations would be unneces
l.lve Without Income.
"There are people 011 Franklin and ,
Grace Streets," said Mr. Howie, "with
three or four servants, an automobile, j
and paying $800 or $:>00 a year rent, j
yet report no income in excess of $2,000 |
the year for taxation. I don't see how j
they do it, and if elected I will try to 1
find out. As to the deputies in the j
office, tho llarksdalo election law pro
hibits promises of rewards by candi
dates, but these men have nothing to
fear. 1 can employ three or four more
deputies and still make a living out of
Frederick Pleasants, who wants t-o be
commissioner, said he is the only can
didate for any city office not now on
the pay roll at the City Hall. He has
given up his position as State agent'
for a life insurance company, he said,
because of some losses he has sustain
ed through agents.
Commissioner Henry E. Tresnon came
last. Grand juries, he said, are sum
moned each year under a requirement
of law. His predecessor, Mr. Hawkins,
had to appear before one every year.
Therefore the recent investigation was
no new thing, and he felt proud of the
commendation given him tn the report.
He handles $1-18,000,000 of values, com
prising 70,000 entries, and must be
familiar with 400 tax laws.
BECOMES LAW SATURDAY
Ilrjan Will Proclaim Direct Kleetion of
*<enntorH nn Seventeenth Amendment.
ISpeelal to Tho TImes-DIapatch.]
Washington, May 28.?Direct election
of United States Senators by tho people
will become an integral part of the
law of the land at 11 o'clock next Sat
urday morning. Secretary of State
Bryan will then proclaim It to be the
duly ratified seventeenth amendment to
the Constitution of the United States.
Many members of Congress and prom
inent government officials are expected
to be present at the ceremony, to be
hold in Mr. Bryan's chambers in the
Tho ceremony will be devoid of for
Famous Confederate Officer Dies
at Hospital in Wash
MAJOR-GBXBHAL L. Ij.
r^poclal to Th? Times-Dispatch ]
"ashlngton, May 2S._ Major-Gen
7.al kunsford Lindsay Lomax. famous
Confer, rate officer. died here early
this morning at Providence Hospital,
a. ter hovering between life and death
tor the past three days.
About t.? days ago General Lomax
was brought to Washington from War
ren ton f.,r treatment, having received
a severe fall a, that Place. Kor two
or three days nr. James E. Mitchell
[ the attending physician, believed that
Mh distinguished patient would rally
? to such an extent that a better exam- j
in.uon of bin fractured hip could he I
lade? than was had at Warrontcn. To
bin end a determined effort was made
to build up his strength for the ordeal!
through which he was to pass. Hut |
?fore this additional strengtn could I
be secured, the Grim Reaper had don, 1
. . v. 01! ,tnij all that loving hearts |
naught hands could do went for
I~i?t Sunday, although General Lo- 1
max was making a strong eif.,ri to'
H-sist his physicians In th.- light for,
fe. it was seen that he was gradual-!
> growing weaker, and at that time!
hope began to diminish. All tnrough
-Monday, while Dr. Mitchell believed
that there was still a chance. General!
.x"nax continued to grow weaker, ami
-londay night the members of his
family wen told that they might pre
pare for the worst. Throughout yPS.
tej day and the long hours 01* las!
nigh! the battle fo,- life was main
tained, but it was seen that General
I'Oinax was slowly fighting his final
earthly battle. This morning ;:ist af
I'n ^\iyht"!^k^ h" quietly and
hllently into the Great Beyond.
b unrrnl at Warrtiilim,
As soon as the news of General Ix>
max s deatli became current here to
day. friends began to express their
sympathy. B-autlful Moral tributes
have been sent to the residence, and
more will follow the remains to War
renton, where the funeral will be held
Confederate veterans will gather at:
the residence here to-morrow morning
and pay a final tribute of love to the
gallant Confederate chieftain whom
tl.e;. knew and loved in life. At War
renton there will also be assembled
members of Confederate organizations
, 'l *p,>tion, and telegrams received
here by members of the family to-day
indicate also that there may be manv
wearers of the gray from other parts
of the State.
1 he honorary pallbearers for the fu
neral will be General Richard Loder.
Wir><Mw* ^ork: Holmes Conrad, of
\\lm>hcster: General Marcus Wright
Major Hubert Hunter. Lee Robinson
and Colonel Robert Coward, of Wash
ington; Kppa Hunton and Judge L I,
imRh" M K,ch",on?,5 General Thomas
ilicks' Of w r??m- a"d Dr Hobert
Hicks, of A\ arrenton. and Colonel Kob
Lm. 0 Charleston, \V. Va.
?i i!.1 actiY? pallbearers chosen from!
the oldest friends of tTiu general s fam
1 > are Robert E. Lee, grandson of the j
den HeratC ,fev,,era': Dr- EtlKar Snow-,
den. Henry Hohinson. George B. Stone
(Continued on Ninth PageTj '
Portions of Gun Discovered, and
Atlanta, Ga., May 28.?Mystery sur
rounds the finding by neighbors early!
to-day of two charred skeletons in the
smouldering ashes of a house which
had stood 011 the MeDonough Road
two miles from the Federal prison, and
which had been occupied by Mrs. Sarah
C. Stevens, her son, seventeen years
old, and her adopted daughter, fifteen.
The three were seen at the house about
dusk Tuesday,- it is reported, but 110
one has been found who saw the house
burn during the night. Mr. Stevens
left Atlanta Tuesday for Chattanooga
to attend the reunion of the United
Near the two charred skoletons were
found the metal portions of a shotgun
including the barrels and lock. A lo
cal dentist declared one of tho skele
tons was that of Mrs. Stevens, basing
his opinion upon the false teeth which
still clung lo the roof of tho mouth
The other skeleton is believed by the,
authorities to be that of the daughter !
as the bodies were found together and I
it is said Mrs. Stevens and her daugh- '
ter were accustomed to sleep in the
The authorities of Dekalb Countv in
which the house was located, are 'in
vestignting tho tragedy. The girl was
taken in infancy from an orphanage
Police are searching for tho son. who
After a careful examination of tho
circumstances surrounding the death
of Mrs. Sarah Stevens and her adopted
daughter, NelMe, the coroner's Jury
(Continued on Second Fag?T>
OF OTHER NATIONS
Congress Is Inclined to
Yield to Their In
Clauses in Tariff Bill Which
Have Aroused Protests From
Foreign Countries Will Be
Eliminated?No Desire to
Insist Upon Embarrass
Washington, May 28.?ConureRS in all
probability will yield to the protests of
foreign nations against the provisions
In the Underwood tariff bill granting
a 5 per cent tariff discount on Imports
in American-owned or controlled ves
That the provision can be eliminated
from the bill without harm and that
Congress has no desire to insist upon
legislation that will be embarrassing
to foreign nations or interfere with
treaty obligations was admitted to-day
j by administration leaders who are in
j charge of the bill. President Wilson is
said to have intimated that he would
not object to having the clause elimi
This action, it was reported, would
be recommended by the Senate Finance
Subcommittee, headed by Senator John
Sharp Williams, which is considering
the administrative features of the bill, i
The subcommittee also will seek to !
modify another clause which compels
foreign merchants to submit their
books to an American agent in case
of disputed valuations and provides as I
a penalty for refusal that the goods
be excluded from entry. j
Germany. France and EnRland have j
made strong protests against this
clause and assurances were given to- j
flay that an effort will be msjde to
eliminate the objectionable features.
Two Important conferences were held
to-day on the foreign protests. One
was between Senator Simmons chairman
of the Finance Committee, and Secre
tary Bryan and John Bassett Moore. j
counsellor of the State Department.
The other conferees were Senators
Williams and Shively, of the Finance
Committee, and Representative Peters,
of Massachusetts, who had charge of
the administrative sections of the hill
for the House Ways and Means Com
It was reported that the State De
partment held it to be unquestionable
that the 5 per cent debenture clause
violated the foreign treaties. During
the conference protests against the
clause from eight nations were read.
It was generally expected to-night
that the House would yield to the
Senate amendment striking out the
As the members of the Senate sub
committee got down to bedrock to-day
and began consideration of proposed
changes in the bill, they found a long
job ahead of them. Spurred on to fin
ish the schedules within a week, if
possible, they aimed to .hold day and
night executive sessions, but some of
them feared that even in this way
they would be unable, however, to be
ready for the full committee before
Several Democratic leaders were em
phatic in declaring that whatever was
done by the committees, there would be
no changes in raw wool or sugar. As
far as the committee is concerned, this
seems to be determined. The fight to
change them will be made in the cau
cus. but tho present prospect is that
the administration forces will not yield
there. A report that the rates on
woolen manufactures would be In
creased was denied by Senator Sim- |
In response to a request from Sena
tor Williams. Lincoln K. Passmore, of
the Pennsylvania Mutual Life Insur
ance. to-day presented statistics to
establish the contention that his j
company is entirely mutual, and that
all its funds are exclusively diverted 1
to the interest of the membership. He !
Itemized statements of the transac-i |
(Continued on Ninth Page.)
They Are Being Brought Back
for Burial in Virginia
[Special to The Times-Dispatch.]
Savannah, Ga., May 28.?To-night j
the body of "Light Horse Harrv'* Lee |
is speeding northward o.ver the Sea- !
board Air Line Railway bound for i
Lexington, Va., where, Friday, it will !
bo interred on the native soil of the
Revolutionary hero, who for 100 years
hag been resting beneath Georgia sod
on Cumberland Island. The body is
being accompanied to Lexington by a (
Virginia legislative committee com- !
posed of Hugh A. White, John O.
Daniels and John M. Hart.
T'ne delegat'oi\ arrived at Dungeness, ?
Cumberland Island, this morning and
was entertained by the owners of the ;
Island. This afternoon the "grave was
opened and the remains of General Lee
disinterred and placed in a handsomei
new casket. The casket was conveyed
from Cumberland Island to Fernandina |
aboard a private yacht and at Fernan
dina the journey to Virginia began by
General Lec died on the island near- j
ly a century ago while visiting Gen
eral Nathaniel Green. He was on his ;
way home from the West Indies. The
body was buried at Dungeness and
all attempts by Virginia to secure pos- i
session of the remains have since ;
proven futile owing to bitter opposition !
on the part of the Georgia Daughters!
of the Revolution principally. The >
Virginia Legislature appropriated funds
for bringing the body back to Virgirfia
soli and the Old Dominion finally won
Its nght, there being no law to pre
vent tho removal.
Again Chosen to Head
NEXT REUNION AT
Gray-Clad Hosts Will March To
.uay in Annual Review?At
Ball in Their Honor, Many
Dance Virginia Reel and
Turkey Trot Till
Chattanooga. Tenn, May 28.?Jack
, eonville, Fla., late to-day was awarded
the honor of entertaining the twenty
fourth annual reunion of Confederate
; veterans, and Commander-in-Chief Gen
leral Bennett H. Young, of Louisville,
| Ky.f with his three departmental eora
j mnnders, were re-elected at the last
| Important business session of veterans
j during the present reunion here.
I The next reunion went to Jackson
' vllle after more than nn hour's de
j liberation, In which the hospitality and
. fame of that city, Nashville, Tenn.,
! Houston, Tex., and Tulsa. Okla., had
I been proclaimed by eloquent orators.
When a vote was taken, Jacksonville
i recelve.d 1,528 votes: Nashville, the
[nearest opponent, receiving 405. The
[selection of the Florida city then was
| made unanimous.
| Departmental officers who again will
serve under the command of General
Young are Lieutenant-General Theo
dore S. Garnett, of Norfolk, commander
of the Army of Northern Virginia; Lieu
tenant-Genera 1 George P. Harrison, of
Opellka, Ala., commander of the Army
of Tennessee, ami Lieutenant-General
K. M. Van Zandt, of Fort Worth, Tex.,
commander of the Trans-Mlsslssippl
Other features of the second day re
union program were the impressive
ceremonies attendant upon the dedlca
| Hon of handsome monuments at Ohick
amauga Park by delegations from Flor
ida and Alabama and the parade
| of the Rons of Confederate Veterans.
! A Joint memorial service In
| honor of the Confederate dead
! also was held in the auditorium to-day,
! at which representatives from the vet
! erans and all other organizations at
tending the reunion took part
j The electioji of officers by the vete
! rans this afternoon wan preceded by a
lively discission, which followed the
j report of the committee on credentials,
j This committee recommended that cre
dentials be withheld from General W.
i J. Behan, of New Orleans, because, it
was alleged, he belonged to two Con
| federate veteran organization. Gen
I eral Behan mounted the platform and
j denounced the recommendation of the
committee as malicious. After relat
ing the battles in which he had par
ticipated during the War Between the
States, lie called upon the veterans to
defeat the committee recommendations.
I For a time the meeting was In a tur
moil Explanations wgre called for,
and it finally was stated that General
Behan had come as chairman of a dele
gation from one camp, while he still
retained membership in the fifteen
Louisiana camps which seceded from
the veteran's organization four years
A motion was made to amend the '
credentials committee report so as to
exclude the portion of it referring to
(ieneral Behan. When a vote was
called on the motion, the presiding of
rtcer could not determine whether the
uves or the nays were the more nume
rous. An nfllclal vote by State divisions
then was called for. and the motion
The report of the resolutions com
mittee. submitted this afternoon, was
adopted. Among the resolutions was
one designating the general commander
of the veterans, together with Stato
division commanders, as representatives
of the veterans' association at the cen
tennial celebration of the signing of
the treaty of i;h<-iu. The resolution
(Continued On Second Page.)
Memphis Postmaster Is Held by
Grand Jury for Activity
Memphis. Tenn., May 23. Lee w '
Dutro, postmaster nt Memphis for the !
past twelve years, to-day was Indicted \
by the Federal grand jury on the !
charge of soliciting camnalim r. ,1
In mo. It is Stated si nllar char^"
against Newell Sanders, of ChaUa
nooga. former United States Set...
?nd Henry O. True, leader of He 1^'
llcans In West Tennessee, wore ignored"
The specific charge against Postrims
ter Dutro is that he violated pCstal
code No 18 when he obtained a $ o
contribution from W. F. itobert* ,.i,..
in the post-office on October l iftio
The charges against Postm-sto
Dutro were first made last year' bo?
at that time no action was taken bv
tho grand jury. Similar charges also
were made against government officials
at Nashville and Knoxvllle, but the men
indicted were acquitted when nlaee,
on trial. H 1(1
Friction between fnctlonK of the Tin 1
publican party lu this State is
to he at the bottom of the charges
Violation of I.an-.
Washington. May 2S?Investigation
by the civil service commission Is Jam
to have indicated that Postinaster
Putro. who was indicted to-dav it
Memphis for soliciting political co'ntrl
buttons, received contributions from
other Federal officeholders and that his
name appeared on letters soliciting
such contributions. This was held to
be a violation of tho civil service law.
and the matter was prevented to ?ho
grand Jury. ,
OEXERAL. HRXNKTT H. YOTJNO.
LIMITED BY LAW
Cannot Increase Pay Save Where
City Council Provides
| WOULD COST $60,000 A YEAR
Applications From Board Em
ployes Now Pending- Might
Overdraw Treasury. ?
Clearly defining and greatly limiting
its powers, a written opinion was do- '
livered to the Administrative Board by j
City Attorney H, K. Pollard yesterday
| to the effect that the board has not the
power to increase the pay of city em- i
ployes beyond the amounts appro
priated by the City Council. In con
struing the salary clause of the charter
| amendments. Mr. Pollard holds that the
, Administrative Board cannot fix the
pay of employes in departments not
under its control; and that the increase j
or decreaso in the pay of employes in 1
departments, under control of the hoard
must be made lo take effect at the be
ginning- of the fiscal year, unless in
the annual budget funds have been :
provided for the pay of employes In
excess of the compensation previously i
.Might FlmbnrrniHM City Trrnnurjr.
i In his opinion Mr. Pollard calls at-'
i tention to the fact that the board has I
jiiow pending- requests from street e.lean
ers and others for increases in pay
? which, if granted, would entail on the
! city an annual charge exceeding $60,000.
! the estimated receipts for this
j year Have alraedy been appropriated
and apportioned to the departments,
! such an increase, if granted, might
! have the effect of seriously enibarrass
j ing tlie city treasury and making it
j necessary to borrow money to meet
I current demands.
The opinion is taken to mean that
there is nothing in the charter to em
power the Administrative Board to ob
ligate the city for the payment of any
funds not appropriated. In cases
where the number of employes Is not
fixed, and where a general appropria
tion in lump sum has been made for
payroll, the board has the right to fix
any rate of pay that it chooses, if it
so limits tho number of men employed
as not to exceed the total available ap
Text (o Opinion.
The oponion of the City Attorney fol
lows in fuil;
May 27, 1913.
Gentlemen,?Replying to your re
quest to construe section 26 of an act
of' the General Assembly approved
February 3, 1012, cr.-iting the Adminis
trative Board, etc., with reference to
the power of the board to Increase the
salaries of the employes of the sev
eral departments, 1 beg to say that
the full text of the section referred
to is'a.s follows:
"26. The city Council shall fix the j
pay of all officers, but when such pay
has been fixed the same s^ali not be
increased by the city Council until
the propriety of such increase has been
referred to the Administrative Board,
considered by them and reported upon
to the Council; provided, however, that
the Council may delegate to the Ad
ministrative ooard the power to fix
the pay of all officers (whom they arc
now or may hereafter be authorized
to appoint), and provid-.-d further that j
the pay <>f all employes of the city !
shall be fixed by the Administrative i
Board, and may, from time to time, be j
increased or diminished by said board." j
f observe, however, that your in
quiry lias reference only to the power j
of the board, to Increase the pay of the I
employes of the several departments,
and therefore this reply, as far as is
practicable, shall refer only to that
matter. . 1
The most cursory reading of the
sectlen referred to shows that the
statute distinguishes between "officers"
and "employes," and hence in con
struing the provision it is important
that this distinction and its nature
should be borne in mind.
Municipal officers are defined *to be
persons engaged for a definite term,
(Continued on Third Pago.)
TO CONFER DEGREE
ON DR. C. W. STILES
University College of Medicine
Will Honor Scientist Before
Relinquishing Its Name.
Judge Christian Expresses Hope
1 hat It Will End Factionalism
in Medical Circles.
Announrf-msnt was made at an In
formal meeting of the faculty, alumni
and trustees of the University College
of Medicine last night, that the col
lege will confer an honorary degree
for the third and last time, when Dr.
Charles Wardell Stiles, of the Public
Health Service, Washington, D. C., Is
given the honorary degree of doctor of
medicine at the graduation exercises
at the Academy of Music to-night.
President Stuart McGulre, who made
the announcement, said that the honor
is especially appropriate because Dr.
Stiles has*done a great service for the
South in his study of the hookworm.
He was the first to identify the dis
ease, and was instrumental in pro
curing the Carnegie fund of $1,000,001),
which Is being used in the light
against the disease. Dr. St'les is head
of the. Department of Zoology in the
Public Health service. The honorary
diploma will he presented to him by
Judge George D. Christian.
One Greater Cnllpnr,
The meeting at the college building
last i-lght was a syntpos'um of senti
ment and reminiscence concerning the
institution that is to lose Its name in
the approaching am ilgamaticn of the
two medical colleges. All of the
speeches reflected strongly the rosjret
which those who have been long as
sociated with the college, feel at the
thought that Its name Is to be aban
doned; but all of them expressed the
brightest hope for the future, and as
serted that the ideals of the Univer
sity College of Medicine will be pre
served in the new institution.
Dr. McGulre stated that the amalga
mation was an absolute necessity, as
either the name or the work had to be
abandoned. He pointed out that the
name of the Medical College o? Vir
ginia wa3 the logical one for the new
university, and that the terms of the]
consolidation were most equitable.
He read a resolution passed yester- |
day by the new board of visitors, de
fining th3 relation of the alumni of the
University College of Medicine to the
new Institution. The resolution states
that they shall have all the rights and
standing of the alumni, and that a
copy of the resolution be sent to each
To Knd I 'll<?( Ion n I Ism.
Judge Christian, who was one of the
founders <T the University College of
Medicine, expressed the strongest hope
that the consolidation of the. two
schools will put an end to the two
factions which have long divided the
medical profession of Richmond. He
said that if the consolidation accomp
lished that, and replaced two strug
gling institutions by one strong one,
it would be a splendid success.
Tin* change of a name, he said, is
unimportant, anil that it will be only I
temporary, as the Legislature will he I
petitioned to reta'n in the name of the
new institution a part of that of th?s
University College of Medicine.
1, V.. Moins state**- that the consoli
dation had been absolutely necessary
to the life of both, as neither would
have been able much longer to meet
the raori and more str ngent require
ments of the American Medical Society.
United, he said, lie was confident that
they would become the greatest medi
cal .I'.hool South of Baltimore, lie also
spoke of the splendid work which is
being done by the new board of visi
tors, which is no longer acting as the
representatives of two factions, but
with . the greatest harmony for the
One of the greatest things to be ac
complished by a powerful medical
school in_ Richmond, according to Dr.
liugh M. Taylor, Is the education of
Southern medical men In the South.
(Continued on Ninth Page)
IN THEIR DEFENSE
Emphatic in Assertions
That Roosevelt Is Not
REALLY MODEL IN
Intimates of Many Years Tell of
Ex-President's Correct Per
sonal Habits?Admit He
Takes Drink, but Usually
Out of Courtesy to
Marquette, Mich. Mav 9R
and newspaper m?n who accompanied
testified to d"'^8 PO,,t,Cal campaigns
S2-KV ?Wner of fhPemln*, Mich
nnt n H f0,rmer Prpsiflcnt not only was
??' * drunkard, but that he was n<Ha
of Ini" I?1 8me'y temperate In the use
" 0,x,c?nts- ^ would have been im
possible, the witnesses said, for Col
th? IRrfleVe,t eve'" to have been under
tho influence of liquor without tho
Luen ot"if "W"1" the
rent ?n h'8 breath hel?P appa
inwttUVh6 hearing1 of the case,
for lli nnn i formcr President is suing
n<.n?i . damages because of the pub
lication last October of an editorial
charging him with getting drunk Col
one' Roosevelt liatfncd with ewfe, ;
m"Bt'sfact,?? to tho testimony of for
mer members of his Cabinet and of
newspaper men. Frequently he smiled
8 a?m? Incident of h(a campaign
l,?,,Tj;n" "?*? rcini?'1 wit.
*,.c fhuoklcs Audibly.
nee Colonel Roosevelt gave vent to
an audible chuckle. This was when
Robert Bacon, former Secretary of
Mate. In telling of his acquaintance
v . 1 members of the Roosevelt famllv
ohil i ? C?l0nel Wa8 tl,e father of five
children, although ho has six. Colonel
Roosevelt's sense of humor was awak
ened at once by this lapse of Mr
Bacons memory, and the heartv
chuckle which he vainly tried to
smother In his hand caused a ripple of
laughter about the courtroom.
??i 1?' a.,most aix hours of testimonv
taklng by attorneys. Colonel Roosevelt
t,? "r?""'Juai b"?k ?" "3
he da> s proceedings were marked
miaC Fln0^1?"1 rU,lnK b>" JU<lKe Rlch
,ard C. Mannlgnn, which, in the Intro
I im f" of evidence by the defense
, will have the effect of excluding cer
i ruiVncr ?f h?ur?ay testimony This
ullng came after a prolonged arnu
mcnt, during which tho Jurors were
I excluded from the room, and after at
; torneys for Colonel Roosevelt had
'of'to n exc,uslon of a certain kind
of testimony, which they sai.l might be
oJ,'lV5eCt ?.f.the ?ullng was that Col
onel Roosevelt s general reputation Is
an Issue on the case, and testimony
bearing upon his reputation may be
Introduced, but that rumors abouf his
reputation coming from persons nit
fitted b> experience to Judgo shall not
of lM ,he futu?'e P^greas
court U *ils e*P'alned In
t.?? i i Person who has traveled ox
nslvoly with the former President,
with *)S been aasoc'ated with him
, , _ * tB,e? of C0,l8ta?cy, may tes
tlfj as to his reputation. But a man
who heard the Colonel deliver a politi
cal speech, or saw him for only a few
moments in a crowd, may not testify
a-s to his general reputation, although
he may toll how the Colonel acted or
appeared at that particular time.
James il. pound una William H. Van
Benschoten. Colonel Roosevelt's attor
theni m UlC ruUu* vvas agreeable to
them. Horace Andrews, one of Mr
cum o.uCOlln8Cl* doscr?betl the present
a id .,ufn I0o"i a "semiuri'?i?"l case."
and pleaded tor an unrestricted ruling
on the admission of evidence by the
j Almost every phase of Colonel
Roosevelt a public llf,; was louctlad
upon by to-day's witnesses. All of
them spoke with emphasis when they
expressed personal knowledge la de
"yiiiK, the editorial charges, that
the Colonel gets drunk and that not
Infrequently and "all his intimate
friends know it."
it was asserted that whenever Col
onel Roosevelt drank champagne or
wine or a mint julep, it was out of
courtesy to his host at some publio
unction, that he only took a mouthful
from a wine glass, and that on one
occasion lit ordered a railroad company
not to place in his special car the
supply of liquors usually placed In
The witnesses were Mr. Bacon. Tru
, man h. Newberry, former Secretary of
the Xfcvy; John Calkin O'Loughlln, a,
Washington newspaper man; l,ucius P.
C urtis, a New York newspaper man,
and Gllsoti Gardner, a newspaper man.
who testified the day before, was re
Repeatedly and in various phrases
the same question was put to each wit
"Have you ever known Mr. Roose
velt to l?e under the influence of
liquor?" or "Have you ever smelt
liquor on Mr. Roosevelt's breath?'' and
the answer Invariably was negative.
?lust as often question were put as
to whether the Colonel was in the habit
of drinking Intoxicants regularly Jn
any ' quantities and the answer again
Mr O' Loughlln, who said he had
iknown Color*--' Roosevelt for many
yearj, put a degree of positlveness. to
his answers by saying;
"I not only never knew of the Col
on l's bains under the influence of
liquor, but any suggestion that ho
ever was, appeared to me. on account
of my intimate acquaintance with him
to i>e absolutely silly." *'
It was a question put to Mr.
0'I?oughUn that brought about the ar
gument of attorneys over the admtsaU '
(Continued on "Socond~I>jigei) **
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