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or H THE WINCHESTER NEWS WEATHER Fair ami CMtHwtf CtM L I . V V- sty- VOLUME 7; No. 72. WINCHESTER, KENTUCKY, SATURDAY, JANUARY 13, 1912. 2 CENTS A COPY; II CENTS A WEEK 1 I if' -a w I, Y Ml BURLEY SOCIETY VICTORIOUS P EJ Uks JMNis Oriaiizatioi) Win 6reatVldonr in Federal Court at Cincinnati in Slit of Eshelby Compaiy Cincinnati, ()., Jan. 13. Despite the opinion of Judge Howard C. Hcl lister, of the Tnited States District Court in this city, that the contracts made by he Burley Tobacco Society of Kentucky Avitii the E. 0. Eshelby Tobacco Company, of Covingtnn, Ky., "were in violation of the Sherman anti-trust law, a jury in the case Fri day night rendered a verdict in favor of the defendant, the Burley Tobacco Society, and refined damages for which the plaintiff, the E. O. Eshelby Company, was suing in the sum of $196,000. P Basis of The Suit Tlie action was brought as the re sult of the purchase of tobacco at Winchester, Ky., in 1907, by the Eshelby Tobacco Company, for which the price of 17 cents a pound was paid and which price the plaintiff de clared, in its petition, was in excess if what it should have been, because of the fact that the Burley Tobacco Society controlled the Burley Tobac co crop of that year. The case has been in progress for nearly two weeks and was given to the jury Friday evening. The jury deliberated for two hours. The en tire day was taken up with argu ments by the attorneys for both sides Arguments occupied four hours Friday. Upon agreement they Ave re led off by Mr. A. C. Cassatt, conuscl for the plaintiff, upon the opening of court, and he was followed in turn by Judge Alex P. Humphrey and Hon. Jolm It, Allen, for the- defend-? aiit, Mr.,, Lawrence Maxwell closing for thft plaintiff, all. speeches being able efforts and remarkable in the completeness Avith which they pre sentcdjthe. case. .' The etise was given to the jury' at o:10 p. m.j witb instructions to retire and if at Gilo it Avas found that it Avould be unable to reach a verdict, it Would be dismissed until .Saturday morning. At C:15 the jury returned to l-cuici Julge IloIlWier to peimil it to continue its deliberations a some of the members AvanteJ to get ome Saturday and it might be pos sible to reach a verdict in a few 'hours. This was granted and the jury retired again. Detail of Case Covered All the details of the caso Aveie gone OA-er carefully by the attorneys in their closing arguments. Judge Humphrey likened the Burley Tobac co Society to the seven sticks, Avhich in fabled tradition, could be broken singly but not altogether or in one bundle. He said it AA-as necessary that the growers of tobacco in Ken tucky league together to protect themselves and the formation of the society AA-as not to put up "prices, but to keep them from going ruinously down. Judge Humphrey called attention t6 the fact that the Burley Society is a society composed of lo.OOO farm ers, Hie majority of AA-hom did not raise more tlm:i four acres of tobac co. Colonel Al'en touched upon the lot of the poor tenant in the field, who had a family to raise, clothe and pro vide with other means of living. Weakness of Eshelby Case He" pointed out the weaknesses ,in the case of the plaintiff, particularly that feature of the failure to siiow what had become of the tobacco bought and which Mr. Eshelby's com pany said it could not use. He said it Avas more than probable that the independents avJio bought the tobacco and who met at the Sinton Hotel later to allot it, allotted it among themselves to suit themselves. and that much of it was bought not i s much for real needs as for spec- HOLLISTERS OPINION ulation, and was probably later fold at a profits "Now, however, this plaintiff, when he sees he has a chance to, conies and asks these great damages of ihi. defendant, the Burley Tobacco So ciety, because he can use the Slier man anti-trust law to accomplish the end." Blames LeBus Fcr Society Mr. Maxwell, Mr. Eshelby's leadirg counsel, blamed the organization of the Burley Tobacco Society on Pres ident Clarence LeBus. He said the society was organized by Mr. L;-Uiis because the latter had tobacco whie.i he Avanted to pool and to sell on the best side if it AA-ere more profitable to sell on the outside. He laid great stress upon the clyiiii that Mr. Eshelby's company AAa s re quired to buy tobacco Avhich it :li" not want, did not need and could nni use. 'Those requirements," said h". "and that situation were harsh, des potic and iinamerican." lie asked that damages be return ed on the basis of the difference in .dial Mr. Eshclliy's share of the to bacco sold at Winchester cost and what it would haA-e sold at had not the Burley Tobacco Society, "an ille gal combination in restraint of trade,"' have existed. Judge Hcllister's Instruction Judge Hollister in his instruction to the jury directed its members in case theueojiijiuercd.ihe Eshelby Com pany liadtRustaiue'd dEma'ges'fo com-1 pntej these damages on the basis of price.s.of, the same grades of tobacco 'during a reasonable number of yea's prior to the .sale at Winchester. He 'also instructed the jury that their amount of dnrnages, if any, shquld ho actual that is the court Avould re verse to itself the duty of multiplying by three to comply with the provisiii; of the Sherman anti-trust law. Three times nothing is what Eshelby nets under lh6 verdict. FINE SHOW TO BE E "The Common Law" Will Be Present ed At The Winchester Opera House On Wednesday Night. In presenting the "Common Law," Montgomery E. Brewster is offering for the first time a theme which, al though it is old, this is the first time it has been ued as the base of a play. The "Common Law" is found ed upon the basic principles of the Divine and "Common Law" mar riages. As a discussion, the "Common Law"' is perhaps one of the most widely talked of subjects of today, and Avhile many people do not seem to understand just AA-hat the signifi eience of the "Common Law" means, they are the wantt to realize enomi ty of the crime, .many are prone to belieAe that a "Common Law" marri age is as good as a "Divine Que." The Tlay Avill be seen here Wednes day night, January 17. SUFFERING PAIN. Mrs. J. W. Scobee has been suf fering considerable pain at the -St. Joseph Hospital in Lexington, but is doing as avcII as can be expected. Robert Baker, aged twenty-one and Miss Ferbia Adams, aged six teen, procured license Tuesday and were married tTie following day at the home of the bride's father, Bud Adams. SEEN JAS. W. CREWS IS In St. Joseph, Mo., On A Charge Of Forgery, And Held To The Criminal Court. James W. Crews, aged 27 years, was arrested in bt. Joseph, -Mo., on ..CP i l l i .i a imuisu oi xoigeiy, aim r.em to me criminal court. Crews was bem and reared in this city and was in the employ of the Kamsey Transfer Company until about a month ago, when he left the city under a cloud. Two checks ht gave to W. M. Hughes and Charles Zigman for $10.00 and $11.03 respec tively and signed with the name of John E. Watts were found to be for geries. It is claimed he cashed two forged checks in Paris and two in Louisille Police in St. Joseph sent a picture of Crews to Chief McCord, who rec ognized him at once and notified the authorities there his identity. LEAVES WINCHESTER Before Papers Can Be Served Charg ing Her With Assault and Baitery. Alleget Vicitm is Now Dead. Mrs. Milton Long was indicted a' lhe last session of the grand jury on a charge of assault and battery. Before papeis could ho served. Mrs. Long left the city. It is thought she joined her son, Mr. Felix Yhite,whu is a bricklayer in Cincinnati. The alleged offense took place about a month ago. It is claimed the victim was Fannie Sue Long, 7-year- old step daughter of the accused wo- t 1 hi. m. i i r i. nan; 1 klj ilc a lio attended the child before her, death . Avjrieh oc- i.l' rsll'n il-'fl curred tliis aaock, states, that there was no indicatioii I at her, illness Aa0 ' due to bruises are !'.iflicted cruelties. Death, he saj's, was due to peritonitis A number of neighbors will be summoned as AA-i:acsses lwheii the case is called. OPEN LETTER TO Directors of Commercial Club Ad dress Communication to Tcbaccc Growers of Cla; k County. The directors of the Commercial Club Saturday morning decided to address aii open letter to the tobacco growers of Clark count', as follows: "To the Tobacco Growers of Clark county: "Belie-ing that yon are interested in the wellfare of Winchester and in all enterprises, AA-hich will rebound to the good of our cily, knowing as yen must, that as the c:iy pr- ps sr does the county, Ave are writing to re mind you that the Loose Leaf Tobac co Warehouses of Winchester have demonstrated to both buyers and sellers, that this city is an excellent place for a Loose Leaf Tobacco Mar ket. "During the past AA-eek the sales have been exceptionally good and practically eA-ery grower aa-1io sold obacco stated that he AAas more than satisfied AA-ith the prices realized no one could ask more than this and the buyers, of whom quite a large number have been participating in' the sale, haA-e expressed theii opinion that this was an ideal point for such sales. "Feeling the interest in Win chester that AA-e do, the directors of the Commercial Club, at their meet ing Saturdaj- "morning, January 13, unanimously decided to address this open letter to the growers of Clark county, requesting you to send your tobacco to the" Avarehouses in Win ARRESTED ROWER Chester for sale, and to urge you to as'sist iu securing the tobacco grow ers of the surrounding counties to follow your example.. . "Yen will find that the expense of bringing the tobacco here will be much less than taking it elsewhere;, that you will be paid promptly, as soon as the sales are made; tJiat you will be given most courteous treat ment, and in addition, will haA-e the b t b competing for vour to- J hn t,ms enabiing you to secure ag c()(1 or Lettcj. pr;ecs than voli could obtain elsewhere. "The Commercial Club is organized for the purpose of assisting in the up-building of Winch-ester and Clark cnuutv, and we know that it will be of great benefit to all of us for our tobacco warehouses to succeed, so far that reasdh, we are asking your earnest assistance and co-op-erations in this matter. "Trusting that you will help in this enterprise, by sending your to bacco to these Avarehouses and urg inar vonr friends in the surrounding counties to do likewise, we beg to remain, ' ! "Winchester Commercial Club, "By M. jr. McEldowney, M 'President. "By Lewis R. Hampton, Secy."' FALSE RUMOR IS Child About Whom Report Was Cir ' culated Died of Croup, And Was Not Frozen to Dearth. It has been rumorjed that a chill froze to death in Hungry Hollow re cently. The Secretary of. the Asso ciated Charities Imp? informed The News that the report was entirely unrounded anil asks ttiata correction' ,e niiulc'. The child, by name Estepp, about whose death the rumor' was started ,died of an attack of cronpj REV. GEO. 1 SHEPHERD: i. ' RECOVERING NICELY Although His Condition Proved To Be More Serious Than Was at First Thought. Re Gee. W. Shepherd, pastor of the Central Baptist church iii this city, who was operated on in Rich mond for the remoA-al of a fatty tu mor, is now on the road to recovery, though his condition has been more serious than AA-as at firt thought. A message to The Xews at noon Saturday states that he is now get ting on Avell and will be at home in a short time. : WILL OPEN Winchester Building and Saving As sociation Will Open New Class of Stock Beginning March I, 1912. The Winchester Building and Sav ing Association will open a new class of stock, beginning March 1, 1912. This is known as Class "P" aud is lhe 10th class opened by the old re liable Association. m - This Association has matured eleven classes of stock, agar over seA'en hundred and fifty thous and dollars ($7o0.000.00.) Subscribe for stock in an Associa tion which lias a history covering twenty-six (20) years, never lost a Jollar, and makes and publishes an annual report of its business. Be sure your subscription is made to the Winchester Building and Sav ing Association. Everything. , "Does he tell his wife everything?" Tes, even wbenphja.-Jias his salary raised.- CORRECTED W m GUNBOATS DESTROYED Divisicn of Italian Cruisers En counter Flotilla of Turkish Gun boats And At Once Open Fire. Rome, Jan. 1:5. A severe n:n-al engagement occurred Friday in the Red Sea Avhen seven Turkish gun boats 'and an armed yacht Avere de stroyed by Italian AA-arships. Tiie diA-ision of Italian cruisers which has been scouring the coast of F.ie Red Sea in 'search of Turkish AA-ar vessels and ships coin-eying con traband destined for the Turkis'h garrison in Arabia, encountered the flotilla of Turkish gunboats aud at once crpened fire. The Turks replied but their feeble armament succumbed to the superior weapons of the Italian Avar vessels. The fight Avas stiff but soon ended in the A-ictory of the Italians. As soon as the three Italian AA-arships encountered the Turkish gun boats a short distance out of the bay of Kunfida they sent shots across their bows and called on them to surrender. The Turkish vessels gaA-c no signs of compliance and the Italians immediately opened a ter rific fire, throwing in a hail or s-hells from their broadsides. The Turkish gunners replied feebly but did not succeed in striking the Italian vessels. All seven of the Turkish boats were soon on tire and in a few min utes began to sink. Boats Avere low ered from the Italian AA-arships Avliieli picked up many Turkis.li seamen but a large number were drowned. TO THROW HIM OUT Was The Whole Bribery Charge Says Senator William Lot inter. Dcnneen And Newspapers. . Washington, Jan. 13. When Sen ator Lorimer resumed his testimony Fridiy before the Senate Investigat ing I ommittee, he said his only ex penses in the campaign for (Senator were traveling and hotel bills. He was asked by Senator Johnson, of the committee, to recall a coiiA-ersa-tion which Edward Hines said he had with the Senator regarding the de sire of Clarence S. Funk to con tribute to the Lorimer campaign fund Hlnes testified that Funk told him that he supposed Lorimer had been put to great expense, and he was Avill'ng to help make it up. Tlines said he mentioned the matter to Lor imer, and Lorimer told him he did not haA-e any expenses in getting the election. Lorimer said he did not recall any thing haA-ing been said about Funk's dn-ire to contribute to his campaign for.nd. He did remember Tlines had toll him Funk wanted to meet him. but he replied that Funk was one of his bitterest enemies. Senator Lorimer said that the Avhole case against him was a con spiracy to oust him from the Senate, and that Go Deneen and the Tri bune people were the chief conspira tors. "I have no more doubt," said Senator Lorimer, "that they (The Tribune) bought and paid for White's story, and that he AA-as com mitting perjury AA-hen he testified that he got a thousand dollars for A-oting for me, than I have that I am sitting on this platform." IS HOT AFFECTED BY Tiff BATES The Steel Industry Has No Vital In terest in That Matter, Declares Andy Carnegie. Washington, Jan. 13. "I am fa- J miliar Avith the views of ex-President Roosevelt on the trust question, and I am inclined to agree with him," said Andrew Carnegie before the Steel Trust Investigating Committee Friday. Representative Gaidner, of Massachusetts, had contrasted those views' with ideas exspressed by Presi dent Taft in bis recent message on the trust question. "In the solution of the industri-il problem,"' said Representative Gard ner, "there are two leading thoughts before us. President Taft. in his re cent message, expressed the view that dissolution of large units should go on. The other line of thought, as expressed by former President Rcosevelt, is that, l.nder the existing Sherman law, we should look to rec ognition of large units controlled by the government. In Arliieh class are yon. Mr. Carnegie?" Let Them Continue "I haA-e agreed Avith Mr. Roose Aelt's views. I think for the present that you should allow large organiza tions to continue, and to see how Ave get along, and that you pass laAvs regulating these organizations. Then yon should be patient, and see what further legislation may be necessary, t do not think the Sherman laiv i drastic enough. GiA-e us a clear, un mistakable law, and I believe avc will steer clearly." "Do you belieA-c dissolution of the United States Steel Corporation would lessen the price of steel?" "I do not believe it would. It de pends, of course, upon Avhat the court might do." ARE DELIVERED By Mr. Ira . Barnett, of The Ken- tucky Automobile Company, Louis ville,, at The J. R. Martin Store. Mr. Ira S. Barnett, of the Kentuc ky Automobile Company, Louisville, delivered an. able- talk at the store of ih'e , J., R. Martin Coal and Snpplv Company on Friday at 2 p. m. and another in the eA-ening at 7 o'clock. The lectures were devoid of tech nicalities, and proA-ed intensely in teresting to the large crowds pres ent. The speaker had with him va rious parts of an automobile and to make it still clearer to his hearers. he had on haud a cnt-out chassis by means ot avhich tne entire asemoieu machine was examined and explain ed to the greatest adwmtage. This chassis AA-as especially prepared for these lectures and is in every Avay like the cut-out chassis that will be exhibited at the New York. Chicago, and other national automobile shows this Avinter. The lectures were of an education al nature, with the idea of giving the public generally a .comprehensive knowledge of the automobile and sasoline engine. IFew men in Kentucky, if any, are better posted on the subjest of au tomobiles than is Mr. Barnett and his lectures on the subject Avere a source of much interest and benefit to his hearers. SEVEN BOYS 10 LEFT L Hn Trnrp c The Others Has BttP Discovered Lut All Ma- Be Taken Snon.- Fee Of flno Irf7f.n Lexington, Ky., Jan. 13 At a late hmir Friday l ight seven of the fifteen boys who escaped during the blind ing sliowstorin of Thursday night from the Greendale Reform School, had been taken into custody. Xo trace of the others had been found, although it is believed they could have gone far during the severe Aveather, and it is believed all of the fugitives will be captured within the next day or two. Three of the boys were captured in Lcxington for in the county Tlmrs- TWO LECTURES ED CROSS FARM Dr. M. S. Browne Has Fifty Head af Fine Cattle Shipped Here And Fmc Machinery Installed. Since the opening of 1912 Dr. M- fc. hrowiie has bouirht nbnnt fiftr head of cattle: Jei-.eys, Ilolstein-? and. grade-, and has been receiving, by rail, from the great dairy regions of the Middlewest. machinery, mills. shredder, ensilage cutter, engines, separators and .appliances necessary to the complete equipment of a mod ern, up-to-date dairy plant; capable of furnishing "certified milk" pro ducts, and is now about ready to have such a dairy put in operation at the old Karsiier homestead, near the city, and on tiie Colby pike, on his 250 acre farm, known as "The Griggsby-Karsner Place." 'None but young, vigorous and healthy, tuberculin-tested cattle, ca pable of producing the highest grade of milk, will be permitted on this farm; which, for the future, is to be devoted to the production of high class milk, for the supply of Win chesters milk drinkers. The owner has the ipromise of the aid of Dr. Robt. Graham, heix.t of Vcterinary Science and 'Serum production at State College, and was aided by Dr. E. S. Good, head of Animal Husban dry, especially in selecting register ed Holsteins. Mr. Wm. Abncy, an active young business man of large experience, has leased the above place for a term of years, and will run it in conjunction with the owner. For the present, his brother, Mr. Chas. Abney, a practical sanitary dairy man, aided by his wife, will haA-e the .management, and inA-ites all prospec tive patrons, as Avell 'as all persons' interested in .securing n pure' iiilkf supply for Winchester,- to 'visit arid' inspect the premises, cows, stable's,' Avater supply, feed, grazing lots; milk' i oom. etc., Avhich will be open- to the public after G a. m. Monday, January 15. Also, after this hour all orders for cream, Avhole milk and butter milk given OA-er Home phone 889-x, will receiA-e prompt attention as they shall be ready to open up the new "Red-Cross Dairy Farm" foe busi ness bv that daw Mrs. Rfllph Hess and beautiful lit tle babe, Caroline, who ha-e been re siding in Alabama for seA-eral months IiaAe returned to Winchester where, they will probably make their home. Mr. He-s will join his family on Sat urday. Superior Thing. But the things which hare lire ar superior to those which have not Ula, and of those which have life th su perior are those which have reason. Marcus Aurelius. TOO LATE TO CLASSFY THE LYRIC. Hal Chase's Home Run. (Kalcm) Strike at the Little Johnny. (Es sanay. ) A Nearsighted Chaporone. (Lubin) Hal Chase's Homo Run is a fine baseball picture. Our house will bs sood and Avarm if you don't believe !t corae aaA we win P""- I n 1 1 1 B t F0R SALE Poland China Jboar. J. T. Lawrence. 'lrl3-3t FOR RENT A four-room'eoHafe Apply to G. D. Fox, onct'rf avenue. l-13-3t day night, and were returned to the Reform School. Early Friday morn ing two more were picked up by the local police, and Patrolman Haley found two more, making seven cap- hired in all. m an.old house near ine Queen & Crescent trestle in Irisb- town. JKfr DAIRY i t 1 m--:uL-' -strife -fc