The daily telegram. [volume], October 03, 1905, Image 1

About The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926

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HjggS: THE - DAILY TEEE GRAM, -?5=^|
^ Volume V, No. 237. Whole No. 1.537. CLARKSBURG. WEST VIRGINIA, TUESDAY .OCTOBER 3, 1905. Price 2 Cents.
JUDGE !
IN DELIVERING
TO FEDERAI
- United States court for the October
term began here at 10:30
o'clock Tuesday morning with the
Honorable Judge Alston (J. Davtou
on the bench and the various court
officers in attendance.
The grand jury was sworn as fob
lows:
Charles McAllister, M. L. Sturm,
W. K, .Jones, M. V. L. Corrick, T.
J j. Wilson. R. B/ Hex road, Charles
F. Amos, George Lee Hush. W. S.
Lang, John Ar Fleming, A. O. Annan.*
Irvin Shrover. Cletus Stout,
S. S. Karis. Guinn M inter. Daniel
Davidson. D. J. Gibson and B. F.
Conrad with S. S. Faris foreman.
Judge Dayton then delivered an
elaborate, profound and impressive
charge, covering the duties of the
federal grand jurv and calling atten
tion in considerable detail to the jurisdiction
of that body.
Among tbe tilings* said by Judge
Dayton was tlint all ought 011 bended
knee every day thank God that they
are Americans and for our system of
government?a system the most enlightened.
free and best in the
* world, giving more human liberty,
more individuality, more incentive
and more responsibility than any on
earth.
"Next. Judge Dayton stated that
a large part of the excellenev of our
m of government comes from tin
mhI system, it being the last defense.
Often the executive and leg
islativc bodies ae swayed bv motive
not tlie best. But tbe judieiarv is
independent and free to administer
the. laws without prejudice or bias
fearlessly and uprightly. Tbe very
^foundation of society is its moral
sentiment and the greater that sentiment
4hc safer is the system of government.
Addressing the grand jury be said
they were to see to it that the mar\f
111 w \v:w started so as
to enforce the eriminiil laws am1
punish violators.
Keviewing the history of the institution
of the grand jury. Judge
Dnytoij said that a knowledge of
that history would impress the jury.
He then briefly hut interestingly told
about the origin of the grand jury
system in olden times and called attention
to the Anglo-Saxon adherence
to it at all times and under nil
circumstances, it being recognizee1
that it was the main safe-guard to
human anil individual rights. And
then he said thai that principle is
hs.dear to us as.to them a thousand
years ago.
Next, Judge Dayton said the principles
of the law are to live honestly
render to every man bis own. and not
' injure another. Along this lino lie
called attention to the fact that under
our system of government the
presumption is that men will obey
the law and Hie government must
make clear a man's guilt. before he i<
called upon to make the slightest defense.
Judge Dayton informed the grand
jury that they had a grave and seriotis
duty to perform, and that thev
were not to attempt to increase and
manufacture indictments on frivolous
charges, \chM?oov1d not he sustained.
He told them it was then*
duty to fearlessly and without prejudice
or bias asc^^iin violations
of the law. ami tIn??''the law makes
no distinction. no <li(Terenee whether
it l>e (lie highest officer of the government.
or touches tlie hnnihlest hut
whether it he the high or the low.
the rich or the poor.
The jurors were tohl that the
T'nited States government had limited
power and that their duties were
restricted, and not like those of the
state courts,
j, Speaking of internal revenue.
Tudgo Ttnrton stated that the federal
-? government has no power to regnjrj
Vale or govern the whiskey traffic.
.. neither to prohibit nor license it. as
'. that came under the state governHe
stated that the governBB^-jjoises
revenue only froni it.
migi.Vdbe laid on timber.
I-i|r other prnin, hut in the in\^<t
of tlif law. temperance and
, sobriety it had not been laid on timber
and prnin. hut on intoxicating
lifpiors and tobacco, and it is onlv a
question of revenue, and choice as
to Tvlint shall be levied on. and a
wise choice it is.
Then he told them there were only
a few kinds of offenses for them to
3AYT0N
I CHARGE
. 'GRAND JURY
examine into, naming the violation
of the monetary system,' the postal
service, customs, and so on.
Speaking of the practice of whisk-ev
dealers i-oTlsirrnil)c shipments in
to other counties, he culled attention
to the artifice of making tlrcm under
fictitious names or directly to
the station agent, who saw that the
packages were sold, ft was liis interpretation
of the law that the federal
government granted no such
right nnil that the sale was made at
the point where the package was
handed out and not at the shipper's
place of business. He urged the
jury to present all eases of this kind,
as well as that of bootlegging, and
he would see that they were well
punished.
Tudge Dnvton used some very
strong language in speaking about
the whiskey traffic. He said is was
the greatest curse that ever came to
mankind, and that, when a man begins
to sell whiskey, there is ground
to hold the suspicion that he was
about to he dishonest. He declared
that in the main the whiskey seller
stood ready to make a drunkard of
his neighbor's son. a prostitute of
his neighbor's daughter, and would
even like to destroy our system of
government.
For many years there had been no
whiskey licensed in-Judge Dayton's
own county, hut recently the matter
of license was voted down and within
an hour after that licenses were
granted. This reference, it is interesting
to note, was tinged with
-nine personality, though merely a
coincidence, since one of the grand
jurors. Squire C'orrick. was a member
of the court, that' acted in T?ar!>onr
eountv on the license question.
Joseph E. Sands offered an trp-sct
hid of $1,000 for the hank room of
'he Traders building, hut final ac'
tion was not taken.
ITaze Morgan qualified to practice 1
is an attorney in federal court.
Henry Hennison plead guilty to
internal revenue violations and was
sentenced to 00 days in the Tucker
ounty jail and fined $100.
An indictment against one hame-dtt
Itiggs was nollied. ?j&
GHARREO^BGBiES^
SMOKEDJ RUINS;
ivy Asjjnciaren 4
Edgington, Av. Va., Oct. 3?Six
persons, two'men *and four children,
were bumini death in a cabin hole
last niglikJ^Thc two husbaiids of the
women .escaped.
Those burned were Mrs. .r. Algo
and her three children, and Mrs.
Joseph Cardollie and one child.
Their ..charred bodies were found
smoking in the ruins of the cabin.
JUDGE BARKER
DIESJLBOSTON
Boston, Mass.. Oct. 3?Justice
James Madison Barker, supreme
judge of the state court of Massa
ehusetts, died- today from heart dis-i
case, at tlie Onion Club, in this city. I
lie was a resident of Pittsfiold.
Judge Barker was born at I'ittsfield j
in 1839.
- I
CRUISER CINCINNATI
WAS AGROUND SEVEN HOURS
By Associated Press.
Tokio, Oct. 3?According to in- '
formation received here the Ameri- I
can cruiser Coineiiinati wo* floated ]
without assistance, after .being i
aground sqyen hours. She has been
reported passing Shimonoseki hound
for Shanghai.
Dance at Klkbridge
t /
The dance. at Elkbridfto liall Inst
night was'well attended nnd greatly
enjoyed. About twenty couples j
were present. Crow's- opei n hon.se j
orchestra furnished e.veellent music.
RAKES V
TIN PLATE
TRAIAl BOBBERS HDL
LONE WOMAN
DIES SUDDENLY
a a. 11 a -r- f
IN WtbUIN HUI tL
A woman wlio registered at tlie
Dyer hotel at Weston Monday niglit
as Miss Caroline Simmons. was
found dead in her room Tuesday
morning.
She got off of tlje flyer at Weston
shortly after midnight and went to
the hotel.
Nothing was found about her except
a railroSfi ticket from Fairmont
to Sutton, which would lead to her
identification. She was about 40
years of age.
The remains are at the undertaker's
there unidentified.
ALBERT MILES
PLACED Jill TRIAL
The recent grand jury in circuit
court returned' a number of indictments
against Albert Miles, colored,
charging him with conducting a
house of ill-fame, -and he was j
brought from fail Tuesday afternoon
and placed on trial before Judge
Charles W. Lynch.
The forenoon was devoted to .the
trial of Charles Harris. eo!ore<L;for
felony, namely, th'at. of burglarising
W. J. Maier & Company's wholesale
prodnyo store several months ago.
Mary Victoria Tost was granted
a. divorce from Orpha Mayor Post.
Frank Hart was acquitted of the
charge of selling liquors unlawfully.
Cases were dropped from the
docket as follows: 7aP.atton
vs. C. M. \t>st. an appeal:
James H. Moore vs. T. J. Tjynch, in
Assumpsit: Star Pig. Peel & Supply
Co. vs. Fleming Howell, in debt.:
P_\A. PoTgess vs. P. AT. (Tains, on
jfppenl : Farmers Bank vs. Will
Thompson et al.. in debt, and Smith
& TTarhert vs. Piglitmyor & Duscnberrv,
oq appeal.
SMALL BLAZE OCCURS
AT BEUHLER'S BAKERY
The alarm of fire was sounded
(his morning at 12:30 o'clock. The
fl rst report was that the Southern
T'!"o lomknw olonf woo Knrtli*?(T llllt
the blaze was located in tlie bake
bouse of tlio Beiihler bakery on Pike
street. Some drv wood had become
ipnited and was just petting a pood
start, when discovered. The fire
department arrived on (tile scene
promptly and oxtinpuishod the fire
wi'b a chemical apparatus.
ft was not found necessary to attaeh
the hr>se to the mains, and aside
from sliphtly soilinp the usually
spiek and span hose wapon, the occasion
proved uneventful! ,
The bakery compares. loss is ,
merely nominal, o>rinp to the
prompt discovery and; immediate ac- '
tion.
? / '
CONSTABLE
STEWART ACQUITTED
r Constable
Wardqh Sjewart had a
hearinp before Mapistrate Gordon
upon tlie ebnrpe of/asasultinp Mrs.
Anna Mandie, at Enterprise, on
Sept. 27. The warrant apainst Mr.
Stewart was dismissed and the costs
of (lie ease ordered paid, by the prosecution.
Constable Stewart,had just
served a summons to the cirenft
eourt upon Mr*. Mandie, and wjrile
Uiev stood talking, he pave ljer a
pl'ivful push, at which the witness
s-jid sbe took no ofTense. Mrs. Mandie's
bouse is the most disorderly
one in the neighborhood, and is the
scene of frenuent. drunken quarrels
and fiehts. Tt. seems that Stewart
and "Mrs. Mnndic were both friendly
towards one another, but some.other
part ice prompted her to swear out
the warrant.
I/HISKEY
MILL STORE
J IIP AlilD DYNAMITE
Bv Associated Press. <
Portland, Ore., Oct. 3?A special I
from. Seattle savs a Great Northern |
overland train was stopped last
night near Hallard and the baggage
,n/1 nvnvor>e novo <1 l>no?t\lforl
HHI UA J?1 l"3C S^tXkB UJ HO i?? IWU. No
one was killed by an express
messenger was injured.
The contents of an express safe
were taken, though not very valuable.
Three boys who tried to rob a
passenger were captured. The men
escaped.
weddiowrs i
at west milfordt
o
One of the prettiest home wed- ''
dings in the history of West MUford "
will be solemnized at that place to- '
night at 8 o'clock, with Mr. Wilson
E. Davis and Miss Estella Edwards &
the hnppy contracting parties. The ''
nuptials will take place at the home ?
of the bride's, parents in .the presence (
of a number of relatives and friends "
and Hie ceremony will be pronounc- 0
ed by Bev. W. M. Sliultz. :1
Mr. Wilson is a son of Mrs. Mary n
Dln^s, proprietress of the Davis ho- F
tejf unpopular and successful hostelry.
Hk is a young man of splendid [>
qrmlitiesv nnd enjoys the friendship n
and confidence of the community ?
nnd all who know him, and has a c
large acquaintanceship, owing to his c
connection with the hotel. ''
The bride is a dauighter of )&r.
nnd Mrs. Marcellus- BdhrardR, aif at- c
tractive young "lady and h&sytnany <"
warm friends. ~ * . "
LAWSON ESCAPES j
AWFUL DEATH <
n
Guv Lnwson, of -Craigmoor, nar- e
rowly escaped a horrible death on r
the Glen Elk bridge "ftiesday morn- j:
ing, lieeonsc of the outrageous condition
of the bridge and the crim- J
inal negligence shown in not keeping
tlio bridge in proper, repnir.
Mr. Enwson was riding horseback I
and leading a colt. The liorso he |
was riding stepped on a board and
it flew up. One of the horse's legs
Tin?si>d down into the hole and it was
badly cut at the knee. In floundering
to get out. it is remarkable that
other boards did not fly up and pre- v
cipitate both horse and rider to the j.
bottom of the creek many feet be- r
low... At
still other points l>oards are
missing and others are loose. And s
at yet others there are large holes in |
the floor. So perilous has the ^
bridge become" that policemen have "f
been placed on it to steer passengers. |
, 11amage snit after damage suit
against the county will be incurred, (
if the county court permits i the j
bridge to^ remnin in this unsafe con- |
dition many more days, and, if (
steps arc rtpt tnken at once to repair
ft, the people themselves shouldforisc
emnasse and see why. J
Hnnw in
Ht A "BUI I in
ANO BET A GOAT" i
; '^JVashington,/ D. C., Oct. .1?Tlie '
department of agriculture hns im- j
'poised from the island of Malta a
lierd of 08 rjiilkinp goats. The 1
animals arrived in 'Now York and '
are now in ><iu)>rantin&. nyniting^in- '
spection. They yvill be taken to '
the Connecticut experiment station
wlngc they willsWr<d, milked and ^
propagated nnde?^eil?i^tific condi- *
,tions. The young radii no distrib- I
nted throughout the experiment sta
tions of the different states. , The
statement of Secretary Wilson Says:
"The milking goat hns been tiN ,
glected in the United States. The |
goats are almost entirely free from j
tuberculosis. Their milk is pegu- '<
liarlv adapted to children, resetpb- )
ling hnman milk more than fhat (
-? -a : 1 Ti ?i.?
Trom any Oinn milium. a. I It* aifw ,
valuable for invalids. - People who "]
cannot.'keep-a cow may keep a goat. (
Goats average about three quarts of j
milk daily." <
SELLER
VISITED BY
AN EXPRESS TRAIN)
IS. GNADWICK'S
PETITION UP
BEFORE COURT'
ty Associated Press.
Cincinnati, 0., Oct,- 3?The petiion
for a writ of error for Mrs. Casie
L. Chadwick, charged with bank
p-recking and convicted at Cleveand
of conspiracy to defraud, was i
t the head of the calendar of the <
Tnited States Circuit Court of Ap- s
peals, whose fall term opened here '
odnv. The record of the case is
ne of the most voluminous ever '
rouglit into this court, comprising '
It! printed pages and giving in de- t
ail all the steps takn in the case. '
plrs. Chadwick was convicted on 1
even of the fifteen counts in the in- t
ictment and her attorneys, Dawley
nd Wing, brought the case to the s
"ourt of Appeals on a writ of error, <
lleging that the trial court had 1
rrp-fl in various ppartieulars. that the 1
lleped offense is not a crimp under >
ny statute of the United States and (
etitioning for a new trial. <"
Tliis ease lias probably attracted r
s wide attention as any otlier that a
as been in the courts. Larpp sums 1
f money were said to have been se- t
ured bv Mrs. Chadwick on insuffiient
security from the Oberlin, O., 1
ank. and other/institutions. The <
recking of tlise Ohcrlin bank was t
ach a severe Mow to its president. 1
!. W. Boekwf&i. tliat lie died soon 1
fter -the discovery and exposure of t
he fraud. Mrs. Chadwick is now t
a the rVrvohopn countv jail await- i
ap the decision nf the United States 1
Tircnit (Pourt jrf Appeal". If the i
eeision ik npaiiist her she will at. t
nee hopvineKsentence of ten years s
n the Ohio penitentiary, and a t
irosecntion in the state courts on "h
ther indictments is threatened in
nsc she pets clear of the charges |
ande in the federal court indict- .
apnts. "
Judpes Tairton, Severance and
tichnrds were on "the bench.
Minn TfiunFRFn >
IIUUU 1 LHUL IILU
GOOLPOSITIOHI!
J. M. Wood has been tendered and
rill accept the position of Cumber- '
and manager of the George Wicde- '
nnnn Brewing Company. He will 1
pave for Cumlierlnnd Wednesday
norning. 51 r. Wood has the past '
everal years beon the very efficient
jookkeejer for that firm here under
[ohn A. Tiernov, manager, and gets
i position at Cumberland similar to
he one Mr. Tiernoy holds here. His
Hilary will l>e more lucrative at
Cumberland than it was here. That
te will fill tho position most satis'nctorilv
and successfully can not be
lenied.
STREET GARS COLLIDE
WITH FATAL RESULTS
By Associated l'ross.
Youngstown, O., Oct. 3?Two
jlectric cars on the Mahoning "Valey
line collided today east of Hnzleon.
killing Motorinan nngh Walsh,
?1 1 11" Plmtrln IVfnnrn
111(1 iiauiy iiijiuiii^ viouv.v ..wU.w,
notormnn, and Frank Furncllo, an
Italian workman. The collision occurred
during a heavy fog.
SAMPLES QUALIFIES
IS GOODWIN ADMINISTRATOR
~At the county clerk's office Tuesday
afternoon H. S. Samples,
mother of Mrs. Oeie Goodwin in
jntl. who was recently found guilty
>f involuntary manslaughter at the
rial for the murder of her husband,
1 liver T. Goodwin, while he slept
rune S last at their home on Grass
dun., oualified as administrator of
he -pevrsiOQal. estate of Goodwin, the
isi&dwpri huebaad. Ha ge.re hpnijj
if Oiff hundred doUflJ*. j?.
UP ANB
UNKNOWN
ROBBERS EAS
WmTQUANl
I/VESLEYAN GETS
AAIOTHERBUILDING
Through the will of Jessie Ii,
Daniels, who died last week in Fayitte
county, the Wesleyan Uni verity
of West Virginia, at Bucklianlon,
will get another new building.
Die exact sum bequeathed will not
>e known until an appraisement of
lis estate is made. By the stipulations
of his -will the new building
rill be called the Daniel's Memorial
Hall. Opinion is ripe as to what
rill be the nature of the new buildng.
President Wier's personal deire
is that it be devoted to Y. 31.
3. A. and-gymnasium purposes. The
lew administration (mil chapel
milding which is under construction
s being delayed by the non-arrival
if some structural iron. This if
xpected to arrive in a few days. The
lew power plant will be completed
rithin the next three -weeks--; . Thg.
oilers are now being set into posiion.
*;* .
Tn spite of the Tact that the new
milding is not completed, and the
crowded conditions, the attendance
his term equals that of other years.
Plie enrollment will be about throe
mndred. Tt has been announced
' ' -? r TT-1 /-I U .?ill
Unt .HIPS IK'H'II VIHUIU Will lUltw-H
ho equipment for the Y. M. O. A.
*>om in the new buildinp. The Y.
if. O. A. has subscriptions amountnp
to oyer five hundred dollars for
he erpiipinent of their room. Tim
oeietios nre in a flourish inp eondiinn.
over fifty new members having
icon received.
}EA MERGE
IS REOPENED
By Associated Press.
Vladivostok, Oct. 11?The first
freight steamer left' this'port Suij3ay
for Chefoo, thus -reopening
regular commerce by serf between
Vladivostok and other pdrts. A
Russian transport sailed simultaneously
with relief stores for the people
on the Knmchatkan coast. Navigation
is still risky owinp to floating
mines, four of which were sighted
l>y small craft yesterday, within
fourteen miles of the harbor.?
PENSlONlGENT
DIESJUII0WH
By Associated Preaa.
Pes Moines, la.. Oct 3?Honornblc
Richard Clnrkson, United
States pension agent for Iowa and
Nebraska and 'for thirty years mannper
of the lowfC State Repistcr.
died today, in this city. He wn<
one of the host known men of the
city, nnd with his brother, J. C.
Clnrkson. collector of the port of
New York, was actively engagbd in
Iowa journalism for forty years.
YOUNG ROOSEVELT
JOINS FOOT BALL TEAM
By Associated Press.
Camliridpe, Mass., Oct. 3?Theo
? * j . .a
(lore lioosevelt, Jr., una raicmi w
Harvard freshman foot ball team!
He pave bis weipht at 145 pouruk
He said lie had-played four years ?
Groton. .
Stranger.Taken 111
- B. ,T. Taylor, a jowejpr, of Farm
inptnn, W. Vn., was gnddeUjutalit'i
ill at. the Walker house last night
and for a time his condition
Critical. Medical assistance *t
! retired *"d today ho is aonfleavlu
j better but not yet out of danger.
I DOWN.
I BURGLARS
l?Y ESCAPE
1TY OF BOOTY
' T'V*** rrnnorfll fifnro nt fhp tin T>latc
mills was burglarized Inst night between
the hours of 7 p. m. and 7 a.
in. Goods, clothing, shoes and
cigars to the amount of $100 were
taken and successfully made away
with. The robbery was discovered
by Harry Hood, the manager of the
store, when he came to open it up
for the day's business at 7 a. m.
Tuesday. Entrance hod been effected
bv sawing through the rear door,
which was fastened by a heavy iron
bar. Once the door was sawn
through the bar was removed and
the interior of the store lay exposed
for the robbers.
From the footprints around the
door it was the work of two men, . Bj
who upon departing left a trail behind
them, which when followed
led up the rood to the railroad tracks
where it was lost to view. The
booty secured was chiefly clotliing
and cigars. No money being/4ver
left in the drawer over night.-oT any jj
consequence, they onl v seen rod-obqrrt ^ is
one dollar in pennies. One Of the
articles stolen was a bright red San- >3
nel outer shirt, which seems to be
the only means "of tracking the robbers,
as this one shirt can easily be " j ^
identified. ,-"f|
Tn connection with the burglary
at 9 -gfl nVloek n m Tliosd.tv the
night watchman, at the mills surprised
two colored men, whose furtive
"lances and whispered conversation,
gave them a verv suspicious look.
Ho at once ordered them off the
company's premises. Hail the robbery
been discoveYed before. he
would have held them, and there
might have been another story to
tell.
Mr. Hood offers a liberal reward
for any information that will lead
to the arrest of the guilty parties.
Tt hnrdly seems probable that thn.v ..jj
could escape to any MBnt distance " ^5
with their. loot ns thev^jrere evidently
op foot. ^fcarglSPfsFaroh. of the
immediate. .Htaghhorliond ought to
bring jfo "fight some of the stolen
artieles.
GOLDENILT - J
ELECTS DELFGATES - |
At a regular meeting of Golden
Ttulg Itebeknh Hoilge, No. 89, I. O.
O. F., Nlondny evening, Mrs. Cora
B. Baxter was elected to represent
the lodge at Charleston in the Stale
Assembly of the I. O. O. F. Nov. 15
17. Miss Efhel Billinghnin was
clrotcd nltornatc.
A mooting of Rpeciril interest will
be held Monday night, Oct. 1<>, .
which will he the third anniversary ' **,
of Golden Hide Tjodge, nnd nil members
are requested to be present.
portIrThuF J
i spectator here ^
C. P. Bosworth, the advance rep- . vjjj
resentative of Lvman Howe's Moving
Pictures, which will be shown at
the Grand next week was in the city /
today. Mr. Boswith was in charge
of picture machines at Port Arthur
and he sayB the pictures are very
realistic.
Death of Infant
Edith, the two-year-old daughter ...
of Mr. and Mrs. T. M. Wilkinson,
died of dysentery at 3 a. m. this
morning at Shinnston. The funeral
will take plnce from tho honfe-at _
F *?hmnston tomorrow at 10 a. m! Tn- "
' ' 1 *11 I ? >Jo O* Qltinn'a T?tin
torment win uc mautAn
Appropriate Name
The Parkereburji football team
i baa chosen a moat appropriate nauv ?" -ig
v for their organization. Tt is known" ,wS
* as the "All-Hands." Whether t.hei% ''&&
i kicking propensities are directed tot
ward? the ball or the referee le not -