davidaulloa/AmericanStories huggingface dataset:
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-02
By Negroes Who Tried to Rob
His Store.
RESCUED BY SHERIFF.
The storekeeper, Mr.. T. l.. Caves,
After Being Rescued, Was Taken
to the Hospital in Charleston for
Treatment. he Was Unable to
Give ANY Account Of the Trouble.
The Robbers Made Their Escape.

The following account of All out
rage that took place near Charles
ton, we clip from the News and
Courier Of Christmas Day. The News
and Courier says telephone call
from St. Andrews Parish yesterday
afternoon gave information Of an
outrage committed and the prompt
response of Deputy Sheriff Joseph
Poulnot and volunteers was, no
doubt, the means of saving the life of
Thomas L. Caves, who keeps a gen.
eral store in St. Andrews, a short
distance from the New Bridge ter
minus, across the Ashley River.
The message was received in the
sheriif's Office about six o'clock and
it was to the effect that Caves had
been set upon and seriously injured
by negroes intent upon robbing his
store. Caves, it seems, was, to some
extent. able to defend himself for
some time and, though badly injur-
ed, managed to get inside the store
when he barred the doors. He then
crawled to the telephone and called
for the sheriff's office, Charleston.
The message sent was to the effect
that he was being murdered and that
Immediate help was needed.
Mr.. Poulnot was in charge Of the
Office and lost no time in starting
for the scene of the trouble. He
chartered one of the big touring cars
from the Charleston Hotel garage, in
charge of Chaffeur Johnson, and
picking up Mr.. Harry Lihnstedt and
later Constable R. l.. Knox, sped over
TO st. Andrews. The men in the
car did not know just what they were
to face-but they asked no questions
and were ready for any emergency.
Arriving at Caves store, which is
at the junction of the shell road and
the James Island road, they looked
about for beligerants. None was in
sight, and then giving attention to
the store, they succeeded in roulsng
Mr.. Caves, who was just ablbe to get
to the door and unbar it; weeping
with Joy at the sight Of his rescur-
ers. He was so far spent with loss
OF blood from an ugly wound over
the left eye, that he could give no ac-
curate account Of the trouble, and
only the genearl details were learn
ed.
There was not a person In the
neighborhood when the automobile
stopped at the store, and seeing the
condition of the wounded man, Mr..
Poulnot decided to come back at
once. Within an hour and a half OIL
the time of receiving the message
Mr.. Caves was at the Roper Hospital
receiving the best possible attention.
He is getting along very we'll, al
though not out of danger. Rural
Policeman Burton, responding to a
telephone call was coming across the
bridge when the auto returned.
There is as yet no clue as to the mis-
creants who committed the murder
ous assault upon the merchant.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-02
Famine in Turkey.

The American Board of ComTis-
sioners for foreign missions has re-
caived adyices from the interior OF
Turkey, showing unusually severe
famine conditions. Bread is double
the usual price, and wheat and other
cereals are considerably higher than
last year.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-02
Entire Family Burned.

Five persons were burned to death
in a fire which destroyed the house
of John Clark at Watertown, Mass,
early Friday. Every member OF the
Clark family met death IN the
flames.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-02
Furniture Company Fails.

The Lion Furniture Company Oh
Soartanburg has gone into BANK
rnntcv The petition to have the
furniture company declared bank
rupt was made by H. B. Carlisle re-
nresenting a number Of out or Town
creditors before H. E. Depass, releree
in bankruptcy.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-02
Attempt to Hold up Train and
are Captured.
ONE IS BADLY HURT
ny Being Shot by a Posse of Passen-
gers Led by the City Marshal OF
Sorrento, Illinois. When Order
I'd to Surrender the Bandits Open
ed Fire, Which Was Returned by
the Passengers With Good Effect,

GnS FaSScNSSTS s1sA -,
A west-bound Pennsylvania train
was held up by two masked robbers
at Smithboro, H., on the Vandalla
division, early Friday, and after a
desperate battle, both men were cap
&ured and carried to Greenville, Ill,
where they are now in Jail.
The bandits opened fire when re-
sistance was offered, as they brought
the train to a halt just beyond the
.Smithboro station, but their fire was
returned, and when the last OF the
1S shots had been exchanged, one OF
She robbers was picked up with aVe
bullets IN his body. He Will PROD
ably die. :,
City Marshal Emory Brown OF
Sorrento, ILL.,, led the passengers IN
tho fight with the two bandits, ana
he was badly wounded. One of the
robbers bullets passed through his
body. He was placed in the city
hospital. 1t is not thought that ne is
fatally hurt.
The train was going about thirty
miles an hour and had started 70
slow down in passing through
Srnithboro when the two bandits
with revolvers drawn turned tne
signal. The engineer jammed on MS
brakes and as he slowed up the ban
.-,its bade him throw up his hands.
He stopped the train altogether ana
was then ordered to quit the CAB
with the fireman.
The two bandits ran to the rear
of the train, intending to go through
1t orfm end to end but by this time a
number Of the passengers were
awake and out of the berths. City
Marshal Brown was: standing on the
rear platform trying to see what was
the matter.
AS the bandits caught sight OF him
they ordered him to throw up ms
hands. Instead, he whipped out MS
revolver and opened fire. One OF the
bandits dropped with a bullet IN
his leg. But he continued to nre.
nv this time a number of passenger
nad Joined Marshal Brown on the
rear platform and they accompanied
Brown in sally in the teeth OF fur-
4her IRE from the bandits.
The unwounded robber took to his
heels. firing over his shoulder as ne
saw the sally from the train, but ne
vas captured few yards further on
after he had put up desperate
struggle. The other bandit was
wounded five times before he ceased
firing his revolver.
The two robbers were carried OF
5be train. the one robber not wound
ed being bound to a seat in tne
smoker. Then the engineer and ms
fireman got back into the CAB anu
the train was rushed to GreenVllle.
investigation after the train left
disclosed the fact that the two pan
qits had broken into the Smithboro
station and taken everything tney
could find before the train arrived.
IT is not known how much they Sc
cured. but it is supposed the oooty
was left somewhere in the wooos
near the tracks, and search IS no"
being made for it.
The Coconino sun., 1908-10-02

'Curiton has been superintendent of the pdblic schools of Williams.
 MT. and Mrs. A. V Loveland, who have been visiting their daughter, Mrs. c. w Glowner, departed Sunday for California.
 Juan Amijo and family left Sa- turday for New Mexico, where they will spend two weeks visiting ing relatives in Albuquerque and San Antonio.
 Robert Epp of Prescott, who was enroute to Albuquerque to at tend the Congress, stopped in Flagstaff Sunday and Monday to visit friends.
 David Rudabaugh, district de- putty grand master of the Indepen- dent Order of Oddfellows, was among the prominent court visi- tors from Williams this week.
 Mrs. K. H. McKinnon of Win slow will arrive tomorrow to visit her friend Mrs 1 F. Wheeler. From Flagstaff she will 20 to Fresno, Cal, to Ioin her husband.
 J. C. Goodell who has been visiting relatives in Flagstaff de parted Monday for his home in Tuilock, California. MT. Goodell is nephew of John and Asa Clark.
 C. l.. Powell, a musician of London, England, who has been travelling. in the States for some time, is spending a few days in Flagstaff visiting some of the points of interest in this vicinity.
 Charles Isham, bookkeeper for the Arizona Lumber and Timber Company, returned Monday from a visit to Cincinnati, his former home. While away M. Isham visited several other eastern cities.
The Coconino sun., 1908-10-02

:. Rev. and Mrs. F. w.. Wheeler of Prescott, and Rev, and Mrs. H. c. Thurston and daughter, Herberta and Verna, of Phoenix, who for two weeks have been camping in the San Francisco mountains departed Wednesday for their homes.
 Mrs. James A. Vail who with her family has been in California during the summer has purchased home in Los Angeles at 2266 West 2oth Place. Mrs. Vail resided in Flagstaff for many years and will be greatly missed by her many friends in this city.
 MT. and Mrs. C. M. Davis and little daughter, of Phoenix, who have been spending two weeks at Schnebly's ranch on Oak creek, left Tuesday for their home. They think that Flagstaff has the only summer climate and Phoenix the only winter.
The Coconino sun., 1908-10-02

LOST--Four saddle ponies 2 bays, I brown and small Indian pony. Seen Friday or Saturday near reservoir All shod. S25.oo reward if all are found and return ed. A. C. LESTER.
 Evans School near Counry Hos pital,
The Coconino sun., 1908-10-02

stSr$l.25 per word inserts classi- filed ads in 36 leading papers in U. s. Send for list. The Dake Ad- vertising Agency, 427 South Main Street, Los Angeles.
The Coconino sun., 1908-10-02

FOR sSALE-F Five-roorn house. four corner lots. good location city water, we'll improved, will sell cheap. Snap if taken at once. Apply at Sun office.
The Coconino sun., 1908-10-02

LOSl Letter addressed to James Nenanes from Board Supervisors. Finder please return same and re- ceive reward.
The Coconino sun., 1908-10-02

LOST Watch fob with dia- mond setting on one side and monogram E. l.. G. on the other. Finder will return to this office and receive liberal reward.
The Coconino sun., 1908-10-02
Local and Personal
ssaHRw aa<assss~ssssassu,-~mwsw

William Hieklin was here from Maine Sunday.
 Read Babbitt Brothers fall an- nouncement.
 $500 shoes on sale for $2. so at Herman's.
 ]. C. Norton, of Phoenix, was in town Monday.
 Father Vabre returned yesterday from trip to kingman.
 Mir. and Mrs. R. T. Brown, of Ash Fork, were in Flagstaff this week.
 w. H. Cox, of Jerome, was re- gistered at the Weatherford this week.
 C. C. Compton and F. o. Allen left Sunday with a mining outfit for Tuba.
 Mrs. A. J. Rowe left Monday evening for Albuquerque to attend the fair.
 Mrs. Ida Bond is expected from Elkhart, Indiana, to visit MT. and Mrs. Scott Linn.
 Judge Milligan fined lack Forbes sixty days Tuesday for being drunk and disorderly.
 F. D. James and wife, of Will liams, were registered at the Com mercial hotel this week.
 Public Examiner Foster was in Flagstaff this week examining the hooks of the county officers.
 Harrison Conrard, manager of the NJ. Dennis Lumber Com pany returned to Maine Sunday.
 l.. Nieto and family left Mon- day for Albuquerque where they will visit relatives for month.
 J. II. Fleming, manager of live " for Fred Harvey at Grand Can. yon, was in Flagstaff this week.
 Edith Johnson, daughter of MT. and Mrs. August Johnson IS re- covering from a protracted illness.
 Forest Ranger C. A. Daniels had his arm badly hurt Sunday by being kicked by an outlaw house.
 H. B. Embach, of Chicago, has accepted position as stenograph- CT in the offices of Babbitt Brothers.
 Superintendent Stephen James was here this week to meet Miss Besse Veit who is to teach in the Tuba School.
 Miss Sophorina Compton has resigned her position in the tele- phone exchange. She is succeed ed by Miss Irene Beal,
 A. E. Bolton, lawyer of Berk- ley, Cal, was in Flagstaff this week as witness for the prosecu- tion in the Shell case.
 w. w. Hartly, a mine and land broker of Berkley, Cal, wls in Flagstaff this week as a witness for the prosecution in the Shell case.
 The Flagstaff Home Mission society will m Wednesday October 7th, at the home of Mrs, Clyde P. Metcalf - Mrs. Mary Sisson.
 E. Higgins who has held chair in the Palace barber shop for some time, left with bis family Sunday for Phoenix where they will reside.
 J. A. Tarr, manager of the Pos tai Telegraph company at King man, was visiting in Flagstaff this week. MT. Tarr is brother of Mrs. l.. B. Schafer.
 Mrs. P. C.. Gates, of Pasadena, was here from her county home at Tolchaco, Monday. She was en- route to Albuquerque to attend the Irrigation Congress.
 A public reception will be giveo at the new Normal Dormitory on Friday, October ad, at 8:3o. The house will be open throughout and ali are invited to come.
 G. A. Graper, of Lawrence, Kansas, who has been making a tour of the Pacific states, spent Saturday and Sunday in Flagstaff with his old time friend, William Friedlein. He was pleased while here to meet with another friend of his boYhood days, Mr. Charles
The Coconino sun., 1908-10-02

the city this week.
 Earl Slyher visited in Williams the early part of the week.
 See Herman's S25 and SSo fine mems suits for SIS and S7. so.
 F. L. Beal left Sunday for Ash Fork. He will be away about two weeks.
 G. H. Coffin spent several days in Prescott and Jerome Junction this week.
 Robert Erwin, of Seligman, was registered at the Weatherford Monday.
 Dr. E. s. Miller and E. Ruff fin were duck hunting at Rogers lake Saturday.
 Artura Valdivio, a Mexican, had his arm broken by a fall at the lumber mill Friday.
 MT. and Mrs. NJ. L. Garman, of St. Joseph, Mo-, were visitors to the city this week.
 Just received so dozen more of heavy cotton underwear for 3719c garment at Herman's.
 Mrs. H. X. Reeves returned to Winslow Sunday after a visit of several days in Flagstaff. 
 Miss Lenore Francis who is teaching at Maine, spent Saturday in Flagstaff with her parents.
 Mrs. Claude Thompson who is teaching at Bellemont, spent Satur- day and Sunday in Flagstaff.
 Miss Emma M et z returned Saturday evening from two weeks sojourn in Los Angeles,
 Earl Maban, battery man for the Western Union Telegraph com pany, went to Barstow Wednes- day.
 MT. and Mrs. w. M. Goswick and Giles Goswick, of Maine, visited in Flagstaff two days this week.
 The little four-year old son of Mir. and Mrs. John Sheehan was dangerously i'll the early part of week.
 There was we'll attended meet ing of Grand Canyon chapter Order of Eastern Star last Saturday evening.
 Miss L. V. Nolan arrived Tues day from Chicago to accept a position in the local telephone ex- change.
 Geo. C. Hunt, oi Oakland, Cal, was in Flagstaff this week as a 1 witness for the prosecution in the | She'll case.
 The Eighteenth Infantry passed | through Flagstaff Tuesday en- route, from Jefferson City to the Philippines.
 Just received - $500 worth of children's shoes which will be sold | at a reduced price. Shoe Dept, Rabbit Brothers,
 The Women's Christian Temper ance Union held an interesting meeting at the Methodist church | Tuesday afternoon.
 Elder l. R. Williams, of Flori- da, a home missionary evangelist, held service in the Presbyterian | church Sunday afternoon.
 R. H. McKinnon, formerly of Flagstaff who is with the Holmes | Supply Company has been trans- ferred to Fresno, California.
 l.. F. Wesley who recently left Flagstaff to establish himself on a homestead sixty miles away, was in the city Monday and Tuesday. 1
 Carl Walters spent Sunday l hunting in the vicinity of Maine. His clothes, however, were not the kind usually worn by hunters.
 Mrs. w. P. Sipe departed Tues day for California where she will | spend six weeks visiting in Whit tier, Los Angeles and San Diego.
 The Twenty-fifth Infantry (col- ored) of St. Louis, passed through | on No. Sunday enroute to San Francisco to attend the encamp- ment.
 Miss Anna Richardson who has been attending the Northern Ari-
The Coconino sun., 1908-10-02

BLOCK WOOD Dry mill block wood many quantity now. Order early. See Win. Beeson. Phone 8
The Coconino sun., 1908-10-02

FOR SALE Household furni- ture nearly new. Apply to Mrs. J Schulkind.
The Coconino sun., 1908-10-02

FOR SALE-Good phaeton will sell cheap. Apply to Sun office.
The Coconino sun., 1908-10-02
COFFEE

Schilllng s Best is a busi- ness-like name; you know what it means; and it means what you want.
 Youi grocer returns your money q Yss dsn'i hks it; we par him.
The Coconino sun., 1908-10-02
BUSINESS NOTICES

Advertisements under this head will be inc serted at the rate of ten cents per line for th subsequent insertion an ay craze oi i've words makfne line,
The Nome daily nugget., 1908-02-12
ATTENTION OWLS

Meeting Thursday evening. so p. m New bass word given and all maHb.r are requested to be present.
 ED. r. HILL.
 Executive
The Nome daily nugget., 1908-02-12
DISTRICT COURT
 DAILY MINUTES

Eklmd ei aI s-. Midnight SH NH- iHE & Ditch Ca tNu iar.re Hat one gagged in tb, triH af af. ,azr u,re excused until 1a a. u. .auornu1 TrI- al resumed. jurors ail Ira~.Ht = L.. HoImgren on the stand tor further cr9ss-evaminati5n. ans Jgferd dant rescs. $ T. JoUroys var recalled by plaiutin= in rebutaaI During the cv- animation of h wituess rlair'.ns offered rar identification letter of July l.. 1905 from Gus ERImd ct 8 ta# Midnight sun VI X n. Cu.. being uutj- dcatiou to repair damag"s ts claim which Naz marked rtaatins' fdrnti= fie5tiou \; alsn answer ta said lrttef of July = 1908. from x. r Jcnreys tn Geo. D. ScbofcId. which was marked Plainuns Identification E. and there after ]. p. Hpdgdou, L. Canada and Gust Jacobson Were eash recalled and testified for plaintiffs t# rahutal until 11ss5 a. m. when count adjourned url- til 2.3n F. w
 2:3o p. m.
 EkIuHd et al ys Midnight Sm Mta- ing x Ditch co. Trial resumed jurors aiI present. Gust JacabzaH recalled Re plaintiffs tn rchuttal Thc witness identified photograph ef drain ditch which wa- offered in esaaence aud oh- iectcd ta hv defendant objection sus- tained and the photaerarh marked Planun- identification c. and rain- tins rest William Arisaa was recalled hy defendant sur-rrbuttsfI. and tIefrud- anr and both sides rest and 'he. .tc-ti- mony closed. after vhieH the ease NasH argued ta the jury bv respective eoun- sel heinz allowed A. minutes nn .Ieh side. and thereafter the imy aefe inc structyd by tho court in 0riJng ox- captions to which wef- talee H the presence If the jury 8l hatara they retired and at I 5o D. m ,h" iury roe tired ta consider of thsir verdict in charge af banins EaVfsI,o aHd Im- frieh who Were first duly sworn.
 Culcv ee. Bunker ct ai. on stat,- mcut of r. F. oyrrdel4 fhaf counsel had stipulated that tbis ease h. dis missed. eu motion the count ordered that the ease be dismissed m 3ccord- ance with the stipulatie,
 Al 4a5 D. m court adioumrd mta Wednesday. Feb. T.. iaas. at h II. Hfz subject ta roeaueaue ta rase5te tae verdict of the jury u tho ease af EE= und VI Midnight sun Mining X Difer= co.
 Ekluud et al. vs. Midught sun Miu- ing X bitch Ce. Al Ca ?. m. Inc jury came into open court all being rres- ent. and returned tho follow ing y.r- diet.
 ln the District Court for the District
 of Alaska. Second Division
 Gust Eklmd. Gust Jaeohsou. F. Jl- eabson. II. E. Maatr. and Ed Middleton plaintiffs. vs Midnight snn Mining X Ditch Co. corporation. defendant Verdict
 We. tho jury duly mpaHeIr5 aud sworn Ia hear try and determine fine above cause, do find for the plaintiffs and We assess their damagr@ and re- coycry at the sum of $1oo0 February H. 1908
 <. Lynd Fox Foreman.
 The court directed that the verdict he filed and placed of record and thc l jury were discharged from further excused until h a. m tomorrow
The Nome daily nugget., 1908-02-12
FOR SALE.

Two horse power Cushman gasoline engine. with motor and six batteries. s75. Apply Nugget.
The Nome daily nugget., 1908-02-12
BLACK HAND
 LEADER KILLED
Nuggets spes,sl ssrUee.

Frrr~HtEt5 I# .f ,, determined .~7f- .a -Ha farr -f r.rHalfa l,Haa. u. urr.Da.= ., .ie.. ew H EH.a rud. $ H..-Frf. ntt- fH vH faazHt .. f--- fa-He-s s#e5= eG ,H- reua=+setre HH.fsaa H.re tHl- aI;aras.a
 Nsear ef tta.sHe eaes f-rs ass-- Ing aser thre. blaaa hundred af a. were aad aaa u. fal.r. r.ssrtas I. u-.e -ttrlar.- a,r.. .4u.a aa. 'u .sar th. rIef
 Tonight J-=apa Sar s.U aaaH#aIe rrHr dealer la1 ... UarHar ttatHu m r9Hzaur4 < lu < z.s.aa= condition u tas U.-t r#m hospital. N E.la tassd f#5d.r af in. .f.Hazt. ff=ras rfrrl at tHesa hospital and faasrH caI- udte. aaothsf iulae. is tH rH. He=- rit# rt fh- e-a,as -fatl#
 Saaa tfrae=#ea fEe better rHtzz af haIiu= al P5-sh#- far-r# -e-frse aHfca tass called tG. Wae. umd Prominent t r afs SuH=ast Ernest Ei-L 4 macurmf manufacturer and aHole=elr pfaear aaa Mariana Can eruer s1itar af # HaUaa aev-Haeer rubli-B-d here
 The EhcE Hand has h.aa ,.ry act iyr fin. rt-t H.s. dtss a.a bath Sm- zsri aul Gl= ass. informed rnat fl Jh.s dfa uat give steeo each .- tHa z.riet5 b.v T9ult br t#rf Sm--u rcr,ssa fafter eHme #H t. bring Sl.ooa z. uta ftodase wand this after moon. tH-taFH h,. faaF .f fre8ftea= and half t dozen at his friends
 When h. e-arh-a fa- ff.aHea aafH Smsea met Eel and caaudIa. who fa- vlt.d hm Hta a e5r fu aeefat =em. fruit Inside tHe ear k. 5aa coaadJa damuufrl .rr si.oe- f7t bod br,H --H- ed for
 In aa Instant Su=#ft had 6te re9af- v,r a#f ma H=m Grjue The GHzt shr' ua- t zfeHrl for ni.Ha= ea tsah sides aud sea #see than dazea men Hsr. tiEhf.e With r-tuIter= and knives. Smaa eaad.f E.i and t'a- Hudia bul az= n.nsef .eaHH8.fv naft
 The frht continued aut ef The rfa- duce wards ael daaa TaH-y,uaa avenue for tEF.a block. NF=n m rivui af thu ratfe, fezrre,= rH' t-=era to it
 Calandi". #Hst thraaeh a#e aasat. @a- =tHl deHfH- aae. # ==at. sf aH- iizeH= closed l. and aeH,d aat. E#aH- eel him h1tH ,Hz FarIrs prevented
 Sfuseri tz ag uncle ag J7e EaaeIl of this gity who found q bomb oa Hi- pureE T week ISo- Sru=ariss aetiEItt in tryns tn nm down his urriI"v'e eu- cWteS II Is thought uorrrr q rf-e ,r- tmifH af Inc =url,tH
The Nome daily nugget., 1908-02-12

CHICAGO bee To If N9 should braaa or today betyeau the United Sfats~ and Japan 3nI alml-s Rsere -"nt u sn, fold. Tho first eusaeem,ufi iroba- hls aoud find half the American fsrge- H thr hospital. with au inc Japaucse m tnr firing lime. said Dr Frederick E Green. secretary af the legislative raGucil of ta, American Medirai as- -ocfatinn. ar the Auditorium hotel te- das pH. Green Was addressing the council which k made up of ono delc- gate from each state The council will mge congress ta pass th, pending army reorganization hill pr Green meant that Japau.~.- surgeon keep tHe men well while iu War our armies would be weakened hv disease.
The Nome daily nugget., 1908-02-12
HALF AMERICAN ARMY
 WOULD BE IN HOSPITAL

"i mean to east no reelection on the medical officers who arc now in the arm1 or Were in charge of hospital corps during the spauish-Amcrican aar~ continued pr Green: but We do insist that the authority given the med iraI branch If the army is insufficient. The physicians should have more to -aS about the management and con- duet ur The hospital in the field
 'The bill has been reported on favor ably iu two previous sessions. Uncle Jor Cannon has held 1t up. We do not helieNe he .s hostile to the bill His attiute rather has been negative. There have been ether things which h- thought should go through first"
The Nome daily nugget., 1908-02-12
ON TRIAL FOR
 TRAIN WRECK

NEW YORK. Nov II. - Alfred II Smith. vice president and general manager of the New York Central railroad. was placed e4 trial today he fore Justice Kellogg in the supreme court. on q charge of manslauehter in the second degree. growing out of the wreck of the Brewster express at Woodlawn last February. in which si persons lost their lives and e were injured. Gross negligence was charg- rd in the indictment. When court al- jcurncd jury had been selrcte5. Tes- timoar will be taken tomorrow.
 District Attorney Jerome appe5'sd m court today and asked for the dismissal of an indictment against Ira McCor- mack. superintendent of the operating department of the New York Central. charging him with manslaughter in connection with tho wreck. NIT. Jc- rome said McCormack'i testimony was essential to the ease against smith. but he could not compel him to tes- tify while an indictment stood against him. The motion was granted.
 The defense for Vice President Smith will he that. on account of the multi farious duties of his position. he was unable to know all the minor faults of the system and should not he held criminally- responsible for the accident.