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The evening Republican. (Wilmington, Del.) 1902-1902, October 01, 1902, Image 1

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WILMINGTON,DELAWARE, WEDNESDAY,'OCTOBER 1, 1902.
ONE CENT.
ONE CENT
HE OFFERED TO PAY
THE BIGGER RECORDS
-
„ Hoboken Justice Approached With
Bribes to Find Proof of Actress'
Marriage to Bennett.
I
for" a marriage ceremony between
the old millionaire and Laura
Biggar. To one of these justices
the suggestion was made boldly
that if lie could find a record
such a marriage among his papers
it would be worth $2,900 to him.
Former Police Justice AdamYan
Wyck, who professes to bo a distant
relative of the former New York
Mayor, told in detail yesterday how
he was approached. He is a hotel
proprietor in Hudsou street, near
'Fourth, Hoboken, and is a ruggod,
honest Iobking Dutchman.
"It was some time last July,"
said, though I cannot remember the
exact date. A stranger came
-tore (tpd asked me if I could not
' ' recollect having married nu old man
to a much younger woman, in the
winter of 1898. As a matter of fact,
I had married one such couple about
thattime, and I told him so, but
said I could not remember the
names. The visitor then said till)
Arsons whose marriage record
panted to find were nitmqil Bonnet
and Biggar. I invited him to my
office upstairs and he stood looking
over my shoulder as I turned over
* the records in the stubs of the bunk
I keep, from which are made the
returns to the Bureau of Vital
tistics of the Board of Health.
*'I found tha re3or.l of the couple
I had in mind and told him it was
t not the one lie \*,s looking for. He
Urged me to try to find the Beuuott
Biggar record and remarked that
It would be made well worth my
while if X could find such a record,
I did not then suspect he intended
anything wrong, as lawyers often
have occasion to make such re
learches. I continued to look
through my record hook, and finally;
dosed it, saying to my visitor:—I
Lawyers and detectives who
gathering evidence bearing on
alleged Biggar conspiracy to appro
priate the fortune of Henry
Bennett have found two Hoboken
police justice, to whom overtures
were made by a mysterious caller,
who tried to induce them to "stand
>
r
•»
r.
i
"There is no such record here.
never performed a ceremony be
tween tho persons named."
"Don't be hasty," said he. "It's a
pity you can't find it, because there
would lie $2,000 in i,t for you, if you
could." As ho said this, ho looked
at me uarrowly and then for tho
Bret time I understood that he was
'Mferrng mo a bribe. I told him that
$2,000 couitl not altar the facts aud
that as I had never married such
raons, that wus final, so far
/
was concerned. He wanted to know
If 1 didn't think I could he mistaken
and 1 had to almost order him out
before he would leave.
"When I went down stairs, I said
lo my wife: —'I eould have made
$2000 since I went up to my office
[f I had been willing to he a crook.
Bhe laughed and asked me how,
and I told her about it.
It was not until the wide publicity
recently given tho Biggar-Benuett
Scandal that Mr. Van Wyck asso
ciateil the incident with that til
foged conspiracy. Yesterday A. C.
Young, of council for the heirs at
law, called upon him and took his;
Statement. Mr. Van Wyck told the
oounseller ho thought ho could iden-!
tify the stranger, whom he do
Icribed as of medium and rather
heavy build about thirty. to thirty-j
. five years old and wearing a dark
Despite diligent effort no body had
been able to find the nurse who, ac
cording to Dr. Hendrick's e worn tos
tlmoay on September 19, attended
Laura Biggar during the birth of her
r
\
mustache.
INqUtltED OF JUSTICE O'KEEFE
Similar inquiries were -made of
Justice of the Peace frank O'Keefe.
Whose office is In First street, near
the City Hall, bv« man who lopre
tented' himself to Justice O'Keefe
as a law clerk, Mr. Van Wyck said
yesterday that Mr. O'Keefe's uame
was among several that he had men
lloned when hie visitor had asked to
be directed lo other Justices who
frequently perfarmed marriage cero
mony. It is believed by the lawyer
1 that this unknown emmis.ary final
ly reached Justice Samuel Stanton
and fouud him more obliging than
tbe others luid been.
'
Laura Biggar during the birth of her
GENERAL ELECT ION BALLOTS.
ARRANGEMENTS MADE FOR
« PRINTING TICKETS.
Tho ball.ets for the general election
in November of this year will be mod
lum in size, not so long as when the
Presidential electors of several par
tie! are given.
There will be at least five columns
on the ballot for the Democratl 9
Republican,. Union Republican Pro
hibition and Socialistic Labor pat
ties. The ballots will be on better
paper than they were two years ago
when tbe paper was so poor
election officers could see l
made by lhe voter. An indelible lead
pencil instead of a stamp will be
a ted this year,
i
that tno
the mark
Advertise iu the Uepublioan.
child and |afterward cared for the
infant. Under cross examination on
Dr, Hendrick gave the woman's
name as^Mary Hansen anil her ad
dress as No. (14 Division street, New
York city. He said she hadjjsen in
employ at the sanitarium, but that
lie had discharged her. He did not
j explain why he had failed to produce
I her to corroborate his own evidence
as to the birth of the child. Ilead
Blitted that she was not a so-called
of | ''professional" nurse or a registered
not known at addrebs.
No. 04 Division street is a large
live story ten ement, with a clothing
shop on the ground flour,
diligent inquiry there yesterday
among all the tenant!, who upp
to he exolimveiy Hebrews. Ni
he them had ever heard of M iry H in
sen", and they'seemed enrprised that
in a person hearing that name should
ba supposed to live Mitre. The
janitor admlttedthat persons whom
[lie took to be defectives have been
| there to make the same Inquiry, but
j he had never hoard of sum a ten
I ant, except frem them,
When Detective Louis Weinthal
and Constab u TnouUoro Hulick
lie! visited the .liayonne sanitarium
! Monday ostensibly to look (or Laura
; Bigger, for whom they held the
Hudson county countersigned war.
j rant, their real purpose was to find
incriminating evidence, Weinthal
j admit ted yesterday that they had
Sta-!f»mid Ur. Hendrick's receipt book,
| turee of Samuel Stanton and showed
that llle lormer Justice had received
money from the doctor on-July 19
The receipt, Weinthal says, did not
slate tur what service the payment
a3 made. When on the witness,
stand cn September 19 both. Hen
drlck and Stanton-swore that there
M at * never been a financial trarrsac
tlon between them, and Stautou
testified that he had never seen
Hendrick until the latter came to
him to get him to Identify me alleg
ed certificate of marriage hearing
his signatulc.
New light Is thrown upon reports
of Laura Biggar's alleged impover
ished condition by another discovery
nude In the sanitarium,
and Hulick fouud in the top of one
of three trunks containing an elabor
ate trdrobe and bearing her name
a hank buok belonging to her and
which aliuws
are
the
M.
"She was just a plain nurse,'
"I would not have a
professional nurse about my place.
nurse,
he testified.
I nude
oared
ono of
one entry In whiuh bore the sigua
I
| contatning an entry
fhal ebi made a deposit tu July u f
asli*" d d wllb Bie Bayonne trust Gum
panv, o
Weinthal
I and Stanton In Ilia criminal
j
is expected to begin when It takes u p
the case next week. Judge Hoffman
j is regarded a* one ot the loading
criminal lawyers of the New Jersey
j Bar. He was chief council for the
jdelenceIn the Patters,jfi trial ot the
murderers of Jennie BosachleUr.
nett's death Laura Biggar did not
! coma to the Hendrick sanitarium un
I til the doctor had sought her ac
quaintance, had written her letters
and had finally obtained an invitation
to visit her at Bennett's stock farm,
at Farmingdale, X. J. Ho went there
and persuaded her to come to Bay
onne for treatment. On the witness
stand Hendrick has admitted that Ills
Hist idea of obtaining her as a patient
was from seeing in the newspapers
accounts of Bennett's death and of
Ills bequest to the actress, linked with
reports of her impared health.
He seemingly won her confidence
completely. She gave him a power
ol attorney, armed with which he ap
peared in court, supplanted the law
yerwlm had theretofore defended her
interests and took entire control of
her legal rights, as well as of her
physical well being. After that lie
and the .actress went shopping to
gather, were photographed together,
and once were arrested together on
charges brought hv 'Hendrick's
brother and hit deserted wife.
JUDGE IIOFFMAN ltKTATNKD
That the alleged conspirators are
not lacking in resources was indicated
by the fact,
known
W.T. Hoffman, cf Jersey city, lias been
rctaloed to defend both Hendrick
Inch only became
yesterday, that lortner Judge
i proce
dure which the October Grand Jurv
Jt Is now known that after Bon
brother and hit deserted wife.
5
GAS .COMPANY HAS BUT
LITTLE ON HAND.
Tho Wilmington Gas and Electric
Company is getting anxious about
the matter of fuel us well as the
ownere of other plants about town.
The chief fuel at the gas plant is
coke and the Superintendent stated
lastevoning that their supply of coal
and coke were, both getting short.
It is really getting to lie a serioug
matter. The oven coke that we were
paying $2 a load for five months
ago is now selling for twice that
amount and we can't get it at that.
The gas company is doing an ex
ceedingly heavy business in small
stoves this falL and the illuminate
is being more and more installed
for heating and cooking purposes
all over town.
LOCAL COAL
STATUS SERIOUS,
To Provide Temporarily For
Coming Cold Weather.
An investigation into the coal
situation in thin city reveals the
fact that It ia only within a com
paratively few day* that a full
realization of the scarcity of coal has
dawned upon a large minority, if
nbt a. majority of householder*. Many
had been wholly Indifferent to the
actual conditions uutll they had tried
to purchase the well-nigh indlspeu
sitola article, whlleoUiershad reason
ed It out, hoped against hope and
endeavored to persuade themselves
that the strike must end ere now.
Thus It Is that erstwhile coal deal
ers have many stories to tell of their
customers being affected with an
unpleasant surprise, when first in
formed that their wants cannot be
supplied.
To state the situation correctly, It
must bo said that there is an abso
lute dearth of anthracite and a pro
nounced shortage of bituminous
coal. The increased demand for
the soft article has made that only
less dillicult to get hold of than the
hard, and dealers are pressed now
to get any of the former. One dealer
who has been forced Co suspend busi
ness said, tu-day, that there had
been laid in by the forehanded prob
ably not over 20 per coat, of the
quantity usually consumed in winter.
Should the mines he operated before
October- 15th, he thought (hat
there woujd be sufficient time to
receive enough for immediate use
before navigat ion closed.
lie said further;
"There Is a shortage of cars to
haul coal in this direction, but there
arc plenty of vessels awaiting coal
tonnage. The mine operator is in
terested to supply the demand as far
as possible, before navigation closes.
Every shipper and distributing agent
Is making stonuous cfforls to secure
early consignments to supply his es
tablished trade, as at present he is a
heavy loser on account of his fixed
expense. Should the hard coal ship
ments however, be resumed much af
ter October 15, the full 80 percent, of
the tonnage now required will not bo
needed, as the consumer will have
supplied himself partially or altogeth
cr with other fuel. In any event, there
is likely to ho a shortage of both hard
and soft coal.
Navigation usually closes Decem
ber 1. or before, but I have received
a cargo of coal here as late as Decem
ber 10. The date may be eveu later
this year. Should hard coal be re
ceived here by November 10, the
price would be considerably lower
than If all-rail shipments should ob
tain at present tariff schedule. A
volume of tonnage after January 1
would doubtless result In a special
freight rate. I do not think that the
citizens ot Wilmington need have
much apprshension as to a supply of
some kind of fuel. The soft coal
mines are well able to meet the in
creased demand, the trouble at pres
ent being a lack of railroad motive
power. The prices ol suft coal and
vvojd have advanced simply because
the demand is larger than the nor
mal supply.
"If householders would arrange for
a temporary supply of such fuel as is
obtainable at the present time, aod
adapt themselves to the situation,
instead of Insisting that dealers fur
nish them a winter's supply at once
it wuuld not only tend against some
one's else deprivation, but keeps
prices frumgoing unnecessarily high.
To those who have only the selt
leeding, base-hurnig stove*, and ps
yet no supply of fuel, the necessity
presents itself of buying gas stove
or of arranging for oilier stoves ads
apted to burn soft coai or wood. Air
tighlstoves for wood are much choap
cr, of course, than stoves for soft
coal. It is expedient for every one to
make some arrangement for a tem
porary supply of fuel, for when cold
weather sets In It will be a physical
Impussihilily fur the dealers tosupply
the abuurmal demand at that time,''
DID IT RAIN EELS?
MAN FINDS THEM IN GUT
TER AFTER SHOWER.
The question of whether it rained
eels during the early part of last
evening is being argued earnestly
to-day between several Market
street business men. One merchant
of unquestionable veracity says that
while he was walking in Eighth
street last evening he saw swimming
down the guttorv several eels.
Struck by the peculiar appearance
of the worms, as he at first thought
them, the man examinod them
closely, and says they were perfect
specimens of the Agttilla tenuiros
tris genus, and he can offer no more
plausible hypothesis for their appear
ance, than tliffy eamo from the rain
clouds.
Showers of frogs, and other small
animals and insects, have been
noted in various places, but this is
the first time, it is believed, that eels
have been rained down.
Dawn Among The Cotlon,
The African Dramatic Company
will give a play "Down among tbe
cotton Blossoms," at Walnut street
Hall, 9th and Walnut streets, on
Tuesday evening, October 21st.
MARKED FALLING OFF
L MONTH'S POLICE WORK.
, ,
ner lounging, 1; cruelty to children,
2, contempt, 4, demented, 2,
sorters, 2; drunk, 100, drunk
disorderly, 19; disorderly conduct,
50; embezzlement, 1; escape from
During the month of September
there were but 309 arrests made,
much larger number than that
the proceeding month. The arrests
as classified follow:
Assault, 1;-assault and battery,
23; breach of' peace, 2; carrying
concealed a deadly weapon, 3; cor
,_have
on iitroot ll A 0 fmIoort ge 9 . 2; i 1 nrWwi
on street, 4, foigery, 2, harboring
an unregistered dog, 1; inciting
not, 4; keeping a disorderly house,
1; lasciviously toying witli a female
child under the age of 13 years,
larceny, 19; lost girl, 1; murder,
one; non-support, 2; obtaining
ing money by false pretences,
obstructing footway, 3; patient,
playing ball on street, 1; ru nawtvy
boy, 1; runaway girl, 1; trespass 24;
using a female child under 18 years
of ago for sexual intercourse,
violating city ordinance, 4; violating
dog ordinance, 3; vagrancy, . 4; wit
ness, 3.
Presented With Irish Relics.
Detective William T. Jones has
been presented with a fine black
thorn walking stick, a blaok thorn
shellalah and a piece or Irish turf by
Miss Lizzie A. McGowan and Joseph
Keaney who have just returned from
Ireland. Mrs Jones afco waspresent
ed with a cup and saucer from Lon
donderry, Ireland. Mr. and Mrs.
Jones appreciate and prize the pres,
ents.
To Overhaul Lhe Brandywine,
The steamer Brandywine has gone
out of service to he overhauled. When
finished site will go iuto service and
the City of Chester will ho overbaul
ed.
ing same period year.
BELIEVES MISS BOTKIN
WILL NOT ESCAPE PENALTY.
In speaking of the Botkin trial ibis fur the Introduction of testimony
murning, from State DcteMiva Ber- given, at a former trial by a witness
nard J. McVey said that lie would who has died pending tbe action,
leave for San Francisco early In Nov- If the testimony
ember. There will he a number o! taken at a preliminary examination
witnesses attend from Delaware. it could he read, but Mrs. Botkin
Mr. McVey says he feels sure that had nu preliminary examination,
the defeudaut will again be convicttd She was indicted by the Grand Jury
of the murder of Mrs. Deane aud and sent immediately before the
Mrs. Dunning by ueuding them Superior Court. Consequently tliore
poisoned candy. is no evidence to supply the link.
A dispatch from San Franscisco to- Under those circumstances the
day says that.—Unless tho Legisla- authorities hesitate to force the city
ture can he Induced to pass an to the expense of another trial. The
amendment to tno Penal Code per' Supervisors have already doubted
milting testimony taken at a former; the advisability of incuring a $12,
trial lo be read as testimony at a 000 cost bill with the chances of
second trial, it ia improbable that conviction minimized.
Mrs. Cordelia Botkin convicted of
the poisoning of Mrs. John l'. Dun
Ing.will ever again face a jury. The
death of John 11. Pennington bee lelt
the prosecution In such straits that
a trial is feared more by that side
titan bv tho prisoner's.
No provision is made Ip tho code
had
been
So far the remittur has not been
■erne Court
received from the Supi
at Warhington, aud until it arrives
there will Im iSB'iieed for haste. But
if it should not arrive before the
Legislature can act, the case of the
prosecution may again be jeopar
dized by {lie sixty-day limit.
n
Mrs. John Lynn lies seriously
in tho University Hospital, Phila
delphia, a victim of her strenuous
efforts to secure a pardon for
husband, who is serving a sentence
in the New Castle County work
house for obtaining money under
false pretenses from this county.
Until a few weeks ago Mrs. Lynn
was unceasing in her attempts
havo her husband exonerated from
the chargos upon which he was
convicted, although she has been
for several months. She broke down
under the strain last week and
the advice of her physician was
ken from her home in Elsmore and
plaeed in a private ward in the Un
iversity Hospital.
Mrs. Lynn is under the care
MRS. JOHN LYNN IS
AVERY SICK WOMAN.
Under Jreament of a Philadelphia
Specialist For Serioas Nerronsj
Prostration.
Dr. John G. Clark, who says that
she suffering from nervous prostra
tion.
It was a complete pardon that
Mrs. Lynn sought for her hnsSand
and she continued in her efforts un
til her health broke down last week.
Physicians decided that to save her
life it was necessary to put her un
tier the care of a specialist and she
was sent to Philadelphia. Her
(laughter, Miss Nellie Lynn, was
with her when she was taken to the
University Hospital.
Lynn's sentence expires on Octo
her 23.
Must Obey Board Orders.
Secretary Wlgglesworth of the
Board of Health will awearout war
rants for the arrest of a number
property owners who have igoored
the orders of the Board to conoect
with Scweis. Id winter there is gen
eral complaint about tba wafer
from these propertie* running over
the pavements and resulting in ice
covered sidewalks for weeks.
Steel Plant Sold
The Baltimore Bridge Company
has acquired the Slruolural Iron
and Steel Company's plant la Bal
timore. The purchasing company
wnt organized last Week undar the
laws of Delaware,'and I* controlled
by reeideot* outside of thie staler
The authorized capital stock of the
company in $1
, OOtt
v,
KEROSENE AND INSURANCE
UNDERWRITERS SAY NO IN
CREASE WILL BE MADE.
IN
Many people in the city who con
template burning oil for heating
and cooking purposes at their homes
because they cannot get hard coal
are making inquiry whether it will
affect the insurance rates they have
to pay. Home of the leading insur
ance agents in the city said yester
day that there will be no change
, h y rat0t 80 far a8 the U89 oE £ erj
sens stoves in dwellings are concern
and, ^ permission for their use is etn
| bodied in mo8t of the polioieg that
a
bf
been issued, it was stated, and
would be in aU if the request had
been made. A different rule applies
to to mercantile houses, an additional
chargebeiug made for the use of oil
" of any kind for fuel.
' "The permission to use. kerosene
stoves,''one agent said, "is missing
in about half of the policies out now
because agents writing failed to put
rn the clause or persons getting the
policy neglected to ask for it. I ba
liege, however, that all of the com
panies will put it in the policies
they havo out and in all uew poll
cies issued upon application and
without any advance in sates. Of
course in giving permission there
will be a close inspection of the
kind of stoves to be used and some
may be condemned. We don't, por
mit the use of electricity for light
ing in dwellings unless the wires are
properly installed. For the use of
oils of any kind^is fuel in mercau
tile houses we make nu additional
minimum charge of 25 cents on the
$100. For the uso of gasoline any
where we make a flat charge of 10
cents on each *100. "
The consumption of gas on ac
oount of the scarcity of coal has
greatly increased. It is said that
about 50,000 cubic feet more are
consumed daily in the city than dur
1;
If
1; 1
ill It Is expected that the temporary
structure built where the washout
occurred on the P. W. & B. railroad
her near Principio, last Friday, will be
completed to-day. The washed out
culvert carried away an embankment
fully 60 feet high, leaving an opeu
ing In the roadbed. An effort was
Made to use piling (but it was found
to that after going a deDth of two feet
a bed of rock was encountered.
was The heavy rain last night inter
ill j fere(l with tho work ot repairs, as It
waehcd Jiway considerable of the
on ! newly constructed bank.
ta- Farmers who came to market to
and day report considerable damage to
Un- l| ie roada. In several -inafances
tbero were very bad washouts.
of Mill Creek, Hod Clay Greeks were
awollen and at noon the waters
wero atill rising. Tho banks wero
overflowed In many instances and
much damage, to the adjoining (arms
la reported.
Street work In Wilmington was
suspen Jed Xo-day. Twentieth and
other streets had deep gullies washed
STORM LAST NIGHT
DID MUCH DAMAGE.
Farmers Re; ort Crops as Almost
Ruined. Ureams Are Swollen
un
her
-1 by the torrents of water,
she i The Christiana was exceedingly
high tins niorning aud in places
overflowed its banks,
the
SHOCKED BY ELECTRICITY.
The linemen of the Wilmington
City Electric Company had consid
erable trouble last night and sever
al of them received shocks. Cl ar
enen Evans was among those Shock
While an Italion of unpronounc
able name was going to work this
morning he walked into a live wire
that bad fallen on Washington
street between Twelfth aud Thir
teenth streets. A companion re
moved the wire by using his coat to
protect hi s hands.
Removed to Phlladrlphls.
Mi». Emma Bradford has pur
chased .a residence in Philadelphia
for ; $19, 000 and has remov ed there.
Property Sold.
Fharl cs W. Goldey has sold the
.tjlree stoiy brick house, No. 1016
Whet Tenth street to Mr. Scott, a
cbejnist at the Delaware Pulp Works
the
oh
FAHEY JURY
MAY DISAGREE.
The Twelve Men Trying His
"What has the Fahey jury done?'
was the question on almost every
tongue this morning. 'It has
come in" was the reply.
Since yesterday afternoon at
o'clock the twelve men who have
the former street and sewer
rectors case in their keeping, have
been striving for a verdict. Up
til 2 o'clock it had failed to reach
verdict and it looks as if the body
will disagree.
After transacting some civil
siness this morning court recessed
until 2.30 o'clock at which time
Fahey jury may work a report,
In his charge to the jury, Chief
Justice Lore said: '
Gentleman of tho Jury: Patrick
Fahey is charged in the indictment
In this case with subornation of per
jury,
In order to convict ot this crime,
you should be satisfied from the ovi
dence,
(1) That the testimony of Van
sant, the witness claimed to have
been suborned, was false;
(2) That it was given to him
willfully and corruptly, knowing
to be false;
(3) That Fahey knew or believed
that such testimony was false;
(4) And that ho also knew or be
leived that Vausant woul dwillfully
and corruptly so testify,
(5) That Fahey induced or pro
cured Vausant to give such falaetes
timonv.
It has been tcarsely said by the
Court in Commonwealth vs. Douglas,
3Met. 245, "Toconstitute the crime
of subornation of perjury, the oartv
charged must have procured the
commission of the perjury, by incit
ing, instigating and procuring the
guilty party to commit tbocrime.''
Your attention is now direct,d to
some of the principles of law govern
ing this case.
Every peison charged with crime
is presumed by the law to be inno
cent, and that presumption remains
as a protection aud shield until the
crime is proved to the satisfaction of
the jury beyond a reasonable doubt.
Tho burden of so proving the
crime Is upon the state. '
"In proof of the crime of perjury.
It tvas formerly held that two witness
es were necessary, because otherwise
there, would be nothing more than
the oath of one man against
another, upon which the jury cuuld
not safely convict. But this strict
ness has long since been relaxed; the
true principle ot the rule belnif mere
ly this, that the evidence must he
something more than sufficient to
counterbalance the oath of the pris
oner, and the legal presumption of
innocence."—
his innocence."— Greenleaf on Ev,,
Sec. 257.'
1 'Tho degree of credit which ought
to be given to tbe testimony of an
accomplice is a matter exclusively
within the province of the jury. It
has sometimes boeu said that they
ought not to believe him, unless his
testimony is corroborated by other
evidence, and, without doubt, greftt
caution in weighing such testimony
is dictated by prudence aud good
reason. But there is no such rule
of law; it being expressly conceded
that the jury may, if they please,
act upon the evidence of the accom
plice, without any confirmation of
his statement. But on tho other
hand, judges in theirdiscretion, will
advise a jury not to convict of felony
upon the testimony of an accomplice
alone and without corroboration;
and it is now so generally the prac
tice to give them such advice, that
its omission would'be regarded as
an omission of duty on the part of
the judge." * * "It may be regard
ed, as the settled course of practice,
not to convict a prisoner in uny ease
of felony upon the sole aud uucor
foborated testimony of an occom
plice."—1 Greenleaf. Edv., Sec. 389.
The same rules are applicable to
the case of witness who has perjttr
ed himself in a former trial and; in
cases of this character there should
not be a conviction of a felony upon
the uncorroborated testimony of
such a witness.
All the presumptions of law in
dependent of evidence, are in favor
of innocence; and every person is
presumed to be innocent of tho of
fence charged until he is proved to
be guilty. If upon such proof there
is reasonable doubt retnainidg,
the accused is eutitled to tho benefit
of it by an acquittal, for it iB not
sufficient to establish a probability,
through a strong one, arising from
the doctrine of chances, that tho
fact charged is more likely to be
true tbau tbe contrary; but the evi
dence must establish tho truth of
the fact to a reasonable and moral
certainty; a certainty which con
vinces and directs theunderstanding
and satisfies the reason and judg
ment of those who are hound to act
conscientiously upon it."
Governed by tbeie instructions
as lo the law,you are to reach yaur
verdict in this case: from the evidence
which you have heard in this court
and from that alode.
Tbs case challenges your most
esreful and conscientious consider
ation. It Is your duly alike to see
that the Innocent are«cquitted and
that tht guilty are convicted,
If, therefore, from the evidence in
this case, you are satisfied beyoud
PRESIDENT TAKES UP
STRIKE SITUATION.
Executive and Cabinet Seek Means to
End Struggle. Question of Re
ceivership Considered.
WASHINGTON, Oct. 1.—The
dent has taken Initiative steps to
certain what If anything can he
by federal authority to settle the
The result was a rather general
pression of opinion by the advisers
the president who were parties to
conference to the effect that the
oral laws and constitution did not
ford means of federal interference
end the strike, but another conference
will be held, und the president wU.'
not
3
di
un
a
bu
the
it
strike.
all fie can properly and legally do
bring about a settlement.
a 4 - h,,. * „ r , .
At the temporary White House
nefXrs'Tno^ T ,h 7* I ™"*
rZ TL rl, Postmaster Gen
saehusetts 'nY™ Cranc ot * las
gernZen ru i r'T ; J h08e
?*{!* " ' ! ' President Roose
hein ' n Y , M ,he SDbJoct ha(1
aLrr S ° me " me , th,
?e J et ell, T f 00m ! "! d e01
reform, s YYt i 7, "'i ' uur - ''
. 1' " t !e , dayand held a
. conference with the president,
and the strike situation wus discussed
runner
President Roosevelt is deeply con
coined over the situation. The ap
proaeh of winter, with a coal famine
imminent find the distress and suffer*
Ing that must ensue unless coal be
comes available, presents a situation
which he thinks should receive the at
tention of the administration if there
Js anything that can be done by the
government. Many appeals have been
made to him, and many suggestions
have been received by him, and it was
with a view to ascertain what if any
thing could be done that the confer
ences were held.
, ,
During the conference every phase
of the situation was discussed. The
general opinion of the advisers of the
president tvns that the situation did
not present a case In which there cottld
be federal Interference by any warrant
of law. There has been no interference
with federal authority in the mining
region either by stoppage of the mails
or resistance of the United States court
process. It was pointed out that then.
was no occasion for the use of federal
troops, as Governor Stone of Penns.vl
vania had not called on the govern
ment for assistance, nor had la
exhausted the re
V'U
;s or the state by
calling out the full strength of the
state militia.
The question of (he right to seek
pointment of receivers for the mines
'dor that they might be operated
was discussed, but neither in the
stitutlou nor In
P
in
con
ny known law cottld
any legal warrant be found for such
action, though the discussion on such
lines even went so far as the consider
ation of how the properties could bo
relinquished and control surrendered
after the object'of supplying coal hud
been accepted, assuming the federal
government could intervene through
lf
receivers.
The tenor of the whole discussion
was to the effect that there was a lack
Df power iu the federal administra
let.ion nt tho n
let.ion nt tho n
a reasonable doubt, that Patrick
T alley subome or procured Fred
erick Vansant to commit the crime
ot perjury, as charged in tbe
dictment, your verdict should
quilty.
Gu the other hand, shou'd
so satisfied Irom the evidence
tt ia youtduly to return a verdict
of not guilty. •
Attorney general Wtfrd yester
day afternoon entered a nollle pro
scqtii In the cases of B, J. Me
aud Dolly Taylor, charged with
conspiring to spirit from the state,
Kachcl Me llenery, a girl who
was wanted as a witness in a case
against the Taylor woman.
Two charges against Corneluit
Lucy also were dropped.
The case of Jesse K. Jones, charged
with attempting to commit abortion,
was postponed until t he a ext term
ot court, as also was the case
William B. Fuhr. accused of con
aplring to obstruct justice.
This disposes of ail (tie criminal
cases for this term of the County
C 0ur t
In tho cases against the Jessup
and Moore Company, summons
which had been served on David
Lindsey, superintendent-of the Com
pauy, as president, returned, he
cause Lindsey is not the Company's
president. Attorneys for the plain-!
ids were permitted to place a
1 1
not
MCVEY IIROPED.
mens in tho hands of the brothona
tary for Mr. Lindsey as superinten
dent. The causes for action
against the Company grow out
receut explosion at the works
... 1 , , . ■
which seventeen persons lost their,
Homer William, colored was found
w alklng ou Shlplv atreet this morn
ing autlering from Smalllox. He
waa promptly sent to the Hospital
at Farnhuret.
William's stared in a pool room
at water end Market Btreet last
night aud the Board of Health quar
antined the place today.
liven.
Small Pox M cm.
Love feast will be held in tho Lec
ture room of Wesley church tonight.
presN stage of the strike, although flSe serf
as- ousness of the coal famine now and
done the much greater evils soon to follow
coal wero considered at length and with «
wish to discover some method of end*
ex- ln 8 the industrial deadlock,
of Governor Crane's presence naturally
the brought Into prominence the proceed
fed- lnBS begun in the Massachusetts court!
af- ,0 SP0U1 ' ( ' the appointment of receiver!
to f °r ,lm coal properties, but the opin
i!>n " ns expressed that tile situation
do '' oul(1 not he met successfully by till!
method. 9
•j
to .
„ , _ . „ .
! C.onl Famine In Maine,
a PORTLAND ivr<» rw 1 \rn«<w
i Bf-thbay has Issue,! orders thaf dS
iUB scarcity of coal all old tree.
„ hall bo cut down aild removed t0
' almshouse, where the Inmates will re'
d,K:c to firewood to he distributed
t0 the poor. A plan, to close the school,
during the three eold months of to!
" y wlnter if the strike is not settled and
" omlt t 1 " 1 July <">*1 August vacation '
nl1 next year is being considered by to.
"' school board. A Freeport coal deals!
who had secured his supply for to!
winter trade before prices advanced
'baa made a name for himself by sell-"
i, lg freely to the citizens of Freeport
a t $6 a ton. No one residing outside
of Freeport, however, can buy from
|jim Rt any price.
\
j
'
Mnyor Janet, fall. Ma
TOLEDO, O., Oct. 1.—Sam M. .1 ones,
the Golden Rule mayor, has issued a
proclamation calling upon the citizen!
of Toledo lo gather In muss meeting
tomorrow to adopt appropriate resolu
tions in support of the movement by
Boston citizens lo ask tho federal
courts to appoint receivers for the an
thradte coal mines and coal carrying
railroads. Mayor Jones in ids proela
motion rehearses at length the oondl
; tlons arising from the present strike
0 f coa i miners and urges that Boston
should have the ''moral support of all
g00 d people everywhere."
i
j
Meet I nir.
; s|
Many Strikers Arrested.
SHENANDOAH, Pa., Oct. l.-Sheriff
Knorr of Columbia county arrested 12T
| strikers at C'entralla. ' They were
charged with rioting and inciting to
Hot.
The sheriff attended n special
meeting of the C'entralia local union
or United Mine Workers, rt which the
1-7 me
j ..
' a,> |,|,sos
i today.
g rounded, .fearings fix
.11 In held at r.loonisbnrj
I Hroor ,i p r i
; PROVIDENCE
' :
Coal.
R. I., Oct. 1.—A
Fi
recoru price for anthracite coal was sel
| j„ t| d8 ,.| t y wh
f„etnrer purchased four tons for *
:
prominent nmnu*
en
! A great many large manufacturing
toncerns are so seriously handicapped
by the lack of fuel that unless relief
tomes quickly they will be obliged t*
suspend operations, in part at least.
- " i
Coal.
NEW YORK, Oct. 1.-Along wltl
tin* price of meat nird coal and mill^
the linkers announce that the price ol
bread is to be advanced 1 or 2 cents f
Hror.il Folloi
i loaf.
in- mrmc'rr omrnivv » n m-.ru
be ^ COMPANY APPEALiJJ
FORA DECISION!
V
The Pennsylvania Company fot
Insurances on lives and 'granting
| Annuities yesterday filed an appeal
In the supreme Court ot Philadelphia
from the judgement of Common
Pleas Court No, 5 in the equity
sult of the Pennsylvania Railroad
Company to havo the trust company
ordered to give its voting proxy ta
tne Railroad company in merging
the Philadelphia. Wilmington and
|lhe Baltimore and iotomy,'J | -f_
J road. The railrood company uSj}5a
Bed 290.000 shares ot the Philidel
pOia, Wilmington and Baltimore
mad with the trust company as col
pf lateral for 19,000 certificates of itock
-1 j 98UC<1 l| ie trust company a*
, } h f trust company answered that
ia ,,° r giv® tlie pniij bt
cause the stock would be changed
i'"to shares of a new aod consolidated
" m . P n DV y ' u f ? t ie U ro *y, •" d
Utal the security behind the hoodl
woo'd represent a proportionately
•'"f 1 - l,r Interest In tne property,
. Jdd «? v Rals _ toa ' in Common Pl.ai
Co , u 1 r ' . Nu ' ?' douldad that ,' ll0 T>™J
sum-1'f"' 60 ' ,r ° m lbe dec: * 10 ' 1
the appeal was taken.
Baltimore Railroad Company wito^-s
I State ok Ohio. City or Toledo, i
1 Lucas county. (**
ini, *■ "*' iK J Chssky tu»ke« n»th that hi
lasjulor parlour ot tba firm ol r. J,
uiiknky & Co., dotoji bustneii tu tht
I City of Toledo, County und State afore,
i sulci, aud ilist entd firm will par the turn
ONE HITNOKKII DOLLARS (or esoh .
and every case of CATAI1HH that oaunol f
hi cutod by too uso ut Hall s CATAitna
CURE.
FRANK J. CHENEY.
and subcrlbed ll
tny proaenco, tills Gih day ot D ocainbar,
A. D. 18S0.
Sworn to beforo
A. \Y. GLEASON
Notary I'TTkho
llelt's Catarrh Curr is taken tnternallj
aud acts direct r on the blood aud mu
roue surfaces ol the system. Send for let
tlDioulale. tree.
F. J. CHENEY Sc CO., Toledo, O,
Sold by all bruasleie, 7oo.
Hall's Family Utile are lhe beet.
SKA I.

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