davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
INTENT FINDING JUSTIFIED

The court declares that the finding Of the
Jury that the bank owned the stock carried with
It the other ingredients OF crime The jury
was justified In finding not only that the entries
were false. the decision says. but that they
were also made with the intent to conceal the
true situation. This left the question whether
there was any evidence to submit to the jury
or. il there was. if it would have been an error
to have granted a motion for direction of
verdict for the defendant. The decision tEen
takes this particular transaction in hand an
illustration. and says that. so far as the four
thousand shares of stock are concerned the
gist of the accusation is that the defendant.
having obtained control OF the bank. entered
upon career Of reckless and forbidden specu-
Iation purchasing with the money OF the bank
securities OF huctuatlng and doubtful value
and concealng the transaction by entries in
books and reports" The decision says:
Upon the assumption OF the banks ownership
Of the stock as found by the jury the acts Of the
wires but they, were OF a character so reckless
aster TO the banks stockholders and creditors Ii
is true that the defendant did not make any Of
not seeking to punish the ignorant bookkeeper.
who copies ITEMS int the books as part OF his
officer acts through pen or a clerk controlled by
The decision says that the reports to tho
Controller OF the Treasury. emitting all mention
of this stock. were false A bank officer. the
court declares, cannot say that he did act in
nocently which results in a misappIication OF
funds in false entries. The decision adds:
In unusually protractsd trial depending upon
a wilderness OF figures and during which vast
number OF complicated transactions were investi-
gated 10 il not unnatural that mistakes should
have been made. Neither Is II surprising that
Judges removed from the excitement OF the forum
who have time TO examine the events OF the trial
they appear whzn portrayed In cold type could
have discovered some rulings which may be
open 70 criticism But We are convinced that no
pTe1udiclal error was committed.
The effort 70 get the court 10 consent to Mr.
Morse's release on bail may be made TODAY bv
Mr.. Littleton- \ federal Official said Yesterday
that IL would he unlikely that the court would
grant the application II It should ne said. II
would be exception TO the general rule IN
cases OF this description
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
GOVERNMENT STAMP NOT GUARANTEE
St. Louis Health Department Seizes Meat
Passed by Federal Inspector.
IBy Telegraph to The Tribune-l

S. Louis oct. 1.-THE ST. Louis Health Depart
rent to-day issued report declaring that the fed
eraI inspection stamp on meat is no longer PROM
that the meat is lit for human food.
The report follows the conhscauon and destruc-
ION of four whole carcasses Of beef found IN a
cooler al No. 339 North Nandeventer avenue oy
city inspector on September %. Samples OF THESE
carcasses hearing the federal stamp. were sent 10
49,, FEDERAL Htreau of Animal Industry, at WASH
ingfon. which reported back that they showed the
Dresence % melanoss. black uIcerous sro"'l''
"a Inch should have been cut out the depart
n,ent says, before being passed IN case oil looai
disease The st. Louis Health Department ue
taeg me disease in the four animals was gen"
eraL
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
PENNSYLVANIA RAILROAD
Bulletin.
1.-THE 2A-HouR ST. Lolusv

The fastest train scheduled between New York and Js
Inc Hour S Louis will be naugurated BY Pennsvl-
wanna Railroad Sunday November 1t will leave New York
625 r NJ and arrive St Louis p NJ the next dav The re-
turning an The 24How New Yorker" will leave St Os at
600 p NJ and arrive New York p NJ
This will add list of pioneer fast trains et
Gshed by the Pennsylvania Railroad.
In 1881 it naugmated limited service in America bv
establishing THE Pennsylvania Limited limited train be-
New York and Chicago.
In it nauguraed regular 2Ohour train service bet,veen
New York and Chicago and established the now Famous
Pensyvanla Special on its l8hou schedule between New
and Chicago.
III inauguratng 24hOur service between York and St
Louis advancing step further its policy giving the travel
ing public the best that be furnished.
nutuooO p NJ
nue IL 4Fd ives street ZfsT
Geofco New
E M o
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
SENATOR FLINT TO RETIRE.
Says He Cannot Afford 10 Serve Another Term
in Congress
= - u - - rr.la..I

los Angeles. D-t II-Just tefore President
Ter fra-- reached Los Angeles to-day SeEa or
l--1' - 20 soIuia made tie following statement:
= Wei" a c-.s l-an ! cou.l like nothing bet
- t-a1 10 remain Tie senate al nly lie But
Zee. owe II 10 nag family 10 gou olt Of politics
Hfa gain 2 c1mlereuce while / aDlC. re-
'te ny7 frurl TOO Seratr and pick up "a good ly-
-fs 1-t II J ua5rea 10 eua suot.er term before
taxing rlis step would probably be- TOO old. NY
associations TIE senate .-le very cougenlal in
'efa ] have practically 10 opposition 10 ny re-
-''h-Es tol. and my sole reason FOR contemplating
.fenent IS the urgent necessity II pros !dlns Tor
r1r family"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
JURY NOT M1sLED. COURT THINKS.

Il We were satisfied that any substantial sta injustice
had been done the defendant IT, FOR instance We
offence not charged in the indictment, would
ZION IN c III cases the Court shouId h.
jealous TO protect the rights Of the defendant and
never permit conviction to stand when there is
material variance between the allegation and the
proof II is most unlikely, however, that the jury
above.
But the court says that It cannot wholly
divest itself Of the apprehension that the jury
may have obtained "a mistaken notion OF the
essentials Of the offence. and may possibly have
convicted the defendant upon the theory that
the funds Of the bank we're misappIied. with In
tent TO deceive an officer of the hank or an
agent Of the government. and not with intent
TO iniure and defraud. as alleged in the indct-
rnent"
The decision continues:
II the language above quoted with the one por-
gon OF the cnaIss upon TiTn me ne dsasn4n[
disregard it. but later on. when the Court was
the ice trsnsaetions he c6srsed G after stating t5
II the jury believed that the ice stock was Pqr-
find that the amount paid In excess Of the real
thereof providing they also found that stcH appIi-
cation was with the intent denounced by the
The intent denounced In the statute as previously
explained BY the Court. was first. either 20 in
any o OF Of the bank or any agent ap9eSe
to examine its affairs Is 10 possible that
the jury may have convicted the defendant upon
the counts in question OF intent not charged
against him in the Indictment?
False entry. ice stock counts comes next in
the Courts decision There are ten OF these. and
Morse was found guilty all The Court said
that it saw no escape from the proposition that
If the defendant was properly convicted on two
Of the counts the Judgment would have to be
sustained. One count is taken. the loan Of STA
10 SIS on 1000 shares OF American Ice stock
while Morse was vice-president Of the National
Bank Of North America The court says that
the entry OF this transaction vas false.
loan had been made and as the Ice stock could
not be cIassed as security as II was the property
Of the bank This. it said. would serve
illustration of the charges Of false entries
The decision says:
These charges are strenuo1sly denied BY the de-
PENDANT The issue thus raised is OF fact to
be determined by the jury and their verdict unless
clearly against the weight Of evidence, cannot be
disturbed by this court The broad. fundamental
questions underlying several OF these counts we're
first who owned the ice stock, the bank or Morse?
II the bank owned IT, was this fact concealed by
false entries IN the books and reports made by
the direction or procurement OF the defendant?
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
SCHOONER eeoRoIETTA FLoATED.

Pasque Island Mass. oct li-After being
asborc On the westerly end OF Pasque Island all
dav the schooner GeorRietta was foated late to-
day by the revenue cutter Acushnet She was ap-
narently unchanged and proceeded for her desti-
nation The vessel went aground during heavy
FOG early to-day while bound from Sullivan Me-
lor New York.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
cERmAa TARIFF INVESTIGATION.

Bertha. oct u.-Accordiag Co press reports th5
7rristrv # the Interior nas ordered an iHquHS
mi, arc effects az the American tai!h ID" ="
-. t-,,,.has Of German industry. The infor-
rnation thus obtainei viii be used ~ negotiations
r.. rerg trade agreement between The t"o coui-
u.cs
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
MORSE LOSES APPEAL
Continued from first page.

officer OF the association any agent appointed
TO examine the affairs OF such association.
Judge Hough's view OF the wilful misapplica-
ton count in his charge TO the jury, Is upheld.
and the decision says:
The language criticised occurred in that part OF
the charge when the Court was explaining the law
generally to the jury. and any possible misappre-
hension on their part must have been removed BY
the clear and compendous explanation subsequent
" by the Court OF the precise issue presented
to them in the misapplication counts
Second assuming error. IL only affected the mis-
application count. and will not warrant reversal
IL the defendant properly convicted on the
counts charging false entries Indeed. II the con
viction can be upheld upon two Of these counts II
IS sufficient TO sustain the judgment
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
BANK ROBBERS GET 500 LINCOLN CENTS.

Des MOines. Oct Flour gave Up robbin<
the bank at swan. Iowa. early to-day when enc or
their number was badly injured in an explosion Or
dynamite with which an entrance 20 the bank wa
forced. They escaped on a hadcar. taking hvs
hundred Lincoln pennies which they evidently mis-
took for gold piecesA
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
MR.. BA1L1NGER ON RECLAMATION.
Phosphate Lands Wait Action by Congress
Alaska Coal Lands.

San Francisco. Oct H-secretary Ballinger' who
left here Yesterday 10 investigate the Sierra water
SUNNY gave out a statement covering his views on
the reclamation service. He said. in part;
The disposition OF the phosphate lands OF the
Vocky Mountain states presents emergencies call
inr FOR legislation. All the known areas OF phOs-
rbste lands in the public domain now under
Temporary reservation, awaiting Congressional
sctt6D Common DIT rdence demands that this
gsrfiIizer he disposed OF with such restrictions
win require its domestic so far as possible in
the renewal OF the fertility OF the American farm,
ratbsr than to permit OF its expectation.
Respecting coal lands, since 1906 no coal land
ent-ies have been permitted TO be made in Alaska.
pending requests upon Congress for legislation 10
reyent the mOnopozation OF the vast FIELDS OF this
I-siiabie dADostt living In this territory and 10
cIIre authority for permanent reservation for naval
purposes Too much cannot De- said IN favor OF
Iys1Iabie coal deposits by private interests with
the design OF monopolizaton-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12

Pennsylvania Railroad Ticket Offices at pa F'f
days and holidays; Telephone 1852 Madison square
Avenue 40. 46l. 1854 Broadway PAS Columbus Az
Mulberry Street. West TWenty-third street station.
Street and OF Cortlaudt Street, New York. $50
Broadway and Annex station. foot Of Fulton street.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05

son last Saturday night and Sunday.
Misses Lille May and Marie
Moore, Of near Johnstone Academy.
spent last Saturday night and Sun
day with Mrs. J. K. Epps and fam
lily.
Miss Cannie Mccullough, Of near
Whitmire, is visiting her sister.
Mrs. G. S. Enlow, this week.
Mr.. and Mrs. D. Q. Wilson, of
near Newberry, spent last Wednes-
day at the home Of Mr. and Mrs. T.
J. Wilson.
Mr.. NJ. L. Strauss is spending a
while in Orangeburg in the interest
Of his place there.
Mrs. W. W. Kinard spent last
Tuesday with her parents.
Son.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
NEWS OF BACHMAN CHAPEL
Interesting Services at Colony.-Mr.
Kinard Rebuilding Nice Wealth
Gathering Peas and Sow
ing Oats.

slighs, S. c., Nov. .3.-Rev. Prof.
Gilbert P. Voigt, Of Newberry,
preached a very Interesting Refor-
nation sermon at Colony on last
Sunday morning to a large congrega-
ton, who seemed to listen with great
interest.
The pastor, Rev. A. J. Bowers, was
also present and assisted with the
services.
Miss Gertrude Simpson, Of Pros
per1ty, made very plain and in
teresting talk on missions after the
close of the sermon.
Mrs. Kreps, Of Prosperity, was
not present as We announced and
Miss Simpson filed her appointment.
There will be Christmas exercises
held at Colony the programme Of
which Will be given later.
Mr. 2. H. kinard, who had his
dwelling house burned recently, has
moved in a tenant house nearby until
ne can rebuild his house.
Mr.. J. j. Epting, of near Pomaria.
IS making his rounds threshing peas
and is well prepared for the work.
He runs his tnresher with two-horse
powere gasoline engine which is a
great convenience. The pea crop is
short. He has had a great deal Of
experience and does good work.
Aren't We having fine weather for
gathering mp the remnants of our
crop now? At the present price Of
cotton II will pay 10 hunt it all up.
The farmers are about through
sowing oats in this section.
Misses Lille and Mamie Mann and
julia Mn"rc. Of Nrwbprry. visited at
the home OF Mr.. and Mrs. I. J. VIII
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
News Of Wheeland

Slighs, S. c., Nov. 3.-Misses Luds
Derrick and Lille Sease visited the
formers home in Saluda Friday. Or
Saturday they made a flying trip tc
Leesville and Batesburg.
Messrs. Id. L. Wheeler and Press.
ley Derrick attended the Fair at
Lexington last week.
Miss Blanche Mayer and Mr.
Floyd are attending the Graded
school at Little Mountain.
Mr.. and Mrs. BENZ. Halfacre and
daughter, Lottie, spent Saturday
night and Sunday with the family of
Mr.. E. L. Sease. Miss Halfacre took
charge Of Fairview school last Mon
day.
Mr.. and Mrs. j. B. Kibler spent
Tuesday at Mr.. A. A. Singley's.
Mr. J. L. Sease is spending sever
al days at Mr.. Benz. Halfacre's, near
st. Phillips.
Aessrs Presley Derrick and Err
nest Derrick, Charlie Fulmer, Sam
and Martin Amiek, and Talley Ept-
ing are among those who are attend
ing the State Fair this week.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
SALE OF VALUABLE STOCKS.
At Union, S. c., November 18th.

The undersigned, as Executors of
the last will Of Ann E. Rice, deeeas-
ed, under and by virtue Of an order
of the Probate Court, for Union
County, will sell Monday, November
10Th, 1909, at eleven o'clock A. NJ,
I'll A. NJ, before The Court House
door, at Union, S. c., TO the highesr
bidder for cash, Three hundred and
seventy shares Of the first preferred
stock Of the Glenn Lowry Cotton Mill
of par value of $100, paying seven
per cent. dividend annually;-also
Two hundred and fifty shares Of the
Common stock Of the Glenn Lowry
Cotton Mill, Of the par value Of $10O
drawing seven per cent. annual divi-
dend. The said stock will be offered
for sale in desirable blocks to suit
purchasers in the discretion Of the
Executors. The Glenn Lowry Cotton
Mill is located at Whitmire, S. c.
VIM. Coleman,
Whitmire, S. c.
#. NJ. Far,
Union, S. C.
Executors.
- q m o. 1L
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
MINISTER ON THE TRAIN.
Explanation Of Why Head-on Coli
sion Between Passenger Trains
Did Not Result More Seri-
ously.

AuuSISOu Ndll.
The fact that Rev. 0. J. Copeland
was passenger on train No. Is
Saturday night, and that he got off
at Cheddar, probably kept many
lives being lost in the head-on col
lision between that train and train
No. II Monday night.
The two trains were given orders
to meet at Cheddar, several miles
above Belton. For some reason the
telegraph operator at Williamson
failed to give train No. 16 the order
when it passed that place. The train
stopped at Cheddar to let Mr.. Cope
land get off, and had not gotten up
full speed again, when train No. IL
hove in sight, slowing down in order
to take the siding. The two engines
came together, but not with sufficient
force to do any great damage. IF
train No. 16 had not had to stop to
let Mr.. Copeland off at Cheddar it
would have passed that point at full
speed and the two trains would have
met a mile or so, with both going at
high speed. One trembles to think
what might have happened in that
event.
Mr.. Copeland, who is pastor Of the
the First Baptist church at Gaines
vile, Ga., is on a visit to his father
near Bolton and other relatives in
the county.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05

will be arrested and probably give
bond for their appearance here at
the spring term of court. All of
these are under Indictment to ap-
pear at the January term Of the
court in Richland county. Attorney
General Lyon will make no state
ment. He is still in the city and
will probably return to Columbia
this afternoon.
It is understood that Solicitor Hen
ry will have entire charge of the
prosecution Of these graft cases in
the court here in the spring and this
will add much interest to the trials.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
MOVED TO CHESTER.
Dispensary Case to be Tried in Ches-
ter.-True Bills Found.-Trials
Next Spring.
Chester Lantern.

Chester Lantern.
The grand jury this morning re-
turned true bills against Jodie NJ.
Rawlinson, Jos. B. Wylie, John
Black, James S. Farnum, NJ. A.
Goodman, John T. Early, and H.
. Lee Solomons for conspiracy to de-
fraud the state of 100000 and
against James S. Farnum for brib-
cry, alleging that he gave Joe B.
Wylie a gratuity of $1,575 at Chester
en- March 9th, 1906. Both ofenses
are alleged to have occurred at
Chester on March 9th, 1906. They
will be brought here and placed un-
der bond, their trials coming up at
the spring term of court. The court
room was packed when the grand
jury reported this morning, and
among the members of the bar sat
Attorney General Lyon, the man who
said that he would put stripes on the
grafters.
Another gun in the dispensary
graft prosecution cases was fred yes
terday Afternoon when Solicitor Hen
ry handed the grand jury two bills
Of indictments, one against Jodle M.
Rawhnson, Joseph B. Wylie, John
Black, James S. Farnum, John I.
Early, NJ. A. Goodman and Il. Lee
Solomons, for conspiracy to defraud
the state and the other against Jas.
S Farnum charged with bribery At
torney General Lyon arrived in the
city Sunday night and was present
when court convened yesterday morn
ing with the bills. He turned them
ever to Solicitor Henry who handed
them over to the grand jury.
Messrs. Robert Gage, Joseph B.
Wylie, and Henry Samuels had
been served with subpoenas Satur-
day night to appear before the grand
jury yesterday. After the two above
indictments we're hanoed the grand
Jury these three were sworn as wit
8esses and this morning went before
the grand jury to testify.
The first bill, the conspiracy case,
after reciting the fact that Joe Wy
lie, Jodie Rawlinson and John Black
were elected representatives of the
state to purchase liquors for the old
state dispensary, charges that they
did at Chester on March 9th, 1906,
agree to accept certain rebates over
and above their salaries, in a manner
not allowed by law from the other
defendants named in the bill.
The second bill charges James S.
Farnum with having on the 9Th day
ssf March, 1906, at Chester, corruptly
siven, offered and promised to Joe
B. Wylie, a gift or gratuity OF the
value of $1,575 TO influence his vote
as a member Of the dispensary board
in the purchase of liquors.
: It is not hoped to try these cases
4lis term Of court. The defendants
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05

An aching back is instantly
relieved by an application Of
Sloan's Liniment.
This liniment takes the place
of massage and is better than
sticky plasters. 1t penetrates
without rubbing through
the skin and muscular tissue
right to the bone, quickens the
blood, relieves congestion, and
gives permanent as we'll as
temporary relief.
Here's the Proof.
Nr. JAMES G. LEE, Of HOO 9th ST.,
Sc, Washington, DC, writes 'fThirty
years ago I fell from scafold and seri-
eusly injured my back. Isuffered terri
bly, at times; from the small of my back
all around my stomach was just as If
had been beaten with club. / used
every plaster could get with no relief.
Sloan's Liniment took the pain right
out, and can now do as much ladder
work as any man in the shop, thanks to
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05

town will keep said books open every
day from 6 a. m. until 5 p. m. (Snu-
day excepted) including the 1st day
of December, 1909.
0. L. Buzhardt.
Supervisor Of Registration.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
REGISTRATION NOTICE.

Notice is hereby given that the
books of registration for the town of
Newberry, S. C., will be open Oct. 2,
1909. and the undersigned as Super
visor of Registration for the said
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05
Is a Penny Saved a
Penny Earned?

Sometimes, but not always. Of
ten few cents saved in a grocery
bill are few cents WASTED.
I present my stock as a safe
standard for careful housekeepers
to 60 by. I make no claims to sell
ALL the good groceries that are
sold, for I know nothing Of any
stock but my own. Of it I feel
pretty sure. If you want to be
sure of the BEST give me your
order today.
phono O0O Moin G+roo+
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-05

Subscribe to The Herald and News
Only $3.50 a year.
Daily press. [volume] (Newport News, Va.) 1896-current, 1909-05-16
A FACTORY WITH TWO RULES
Method by Which Upto-p Date Super
intendent Restored Plant to
Paying sasis.

Some years ago superintendent
took charge of rundown factory. II
had stopped paying dividends under
the former superintendent When the
new executive investigated he found
out why. From top to bottom that
plant was a graveyard Of errors. blum.
ders, mistakes. Dead stock was rout'
ed out here, spoiled work there. Much
of II had been slowed out OF sight by
men no longer with the company. The
old superintendent had worked on the
assumption, very common one. that
eficient men make no mistakes. that
when a man Is found in error 1t proves
his inefficiency. and that the thing to
DO then IL to discharge him before he
can make any more. When all these
costly private graveyards had been
cleaned up (the company had paid for
every one Of them), the new superin-
tendent made two rules absolutely
plain to everybody IN the place:
"a Nobody will ever be discharged
for . mistake alone.
(2) Anybody will be discharged In
stantly for covering up one.
When anything goes wrong In that
factory to-day the employee responsible
reports direct to the boss. The mat
ter Is talked over freely and fully. An
error is considered valuable for. the
light IT will throw on ways OF avoiding
It next time. II the employee needs
censure land he often does), It Is CIV
en- reasonably and quietly. Then the
incident must be forgotten by every
body. That plant began paying divi-
dends again In the new superintend-
ent's second year, and he Is now presi-
dent of the company.-Circle Maya
zine.