davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
JUDGE MCCALL WRITES
FINS TO OIL CASES.
Rules Government Evidence Built or
Sand With Which It Sought to Have
Assessed $30,000,000 Fine
Against the Standard Oil.

Jackson, Tenn, Nov lin ruling
which required just 20 minutes to read.
Judge John +. Mccall in the United
States circuit court today wrote fms
to the efforts Of the government to
have assessed against the Standard
Oil Co. of Indiana, penalties aggregat-
ing in excess of $4,000, 900
The rulings Of the court instructing
that Il verdict of not guilty be return
ed, took place on the, conclusion of the
chief case of the prosecution and in
substance holds with the contentious
of the defence that after four wears,
the United States failed to build it's
structure of evidence other than on
sane.
Tn" suit at issue was probably the
most important litigation against one
oI the greater corporations ever fought
out in the South. The Flkins law. re-
garding interstate commerce, was vio-
lated, it was alleged. by scheme and
device the specific offence charged
being the receipt of freight rate con-
cession..
Judge Mccall in his ruling first re-
views the indictment allegations. Next
it tdht-S up TIE testimony presented as
tending to prove that the consignments
which formed the basis for the suit
were shipped on orders received from
the Standard Oil Co. of Kentucky by
the defendant company from its re-
fner& at Whiting. Ind. to Grand juno
ton, Tenn, for beyond" with freight
charges prepaid to Grand Junction and
there taken possession of by the Ken
lucky corporation Also Judge Mccall
points out that the testimony present.
ed tends to prove that there was no
understanding expressed or implied, di-
rect or indirect" between the defendant
company and the Kentucky Co, with
regard to rates to be paid; that it was
solely a business transaction between
two corporations. Upon this state of
facts, Judge Mccall recalls, he ruled
early in the trial that the Indiana COM
pany should not be held accountable
for the shipments so far as the trans
portation beyond Grand Junction was
concerned.
1.-THE uncontradicted testimony pre-
scented by the government" the ruling
continues, lis that during the period
covered by the Indictment there was q
l3-cent rate from Whiting to Grand
junction for points beyond and this
rate WAS duly on file with the Inter
state Commerce Commission and was
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
Goes TO Foundation Of
New York Police Force.
The Entire Detective Force Is
Put on New Footing.
Gaynor's Sweeping Order Takes
Effect Saturday Morning.

New York, Nov. 1.-THE big shake
up in the police department that has
been predicted ever since Mayor Gay
nor took office occurred today and
the new order will go into effect next
Saturday morning. Commissioners and
their deputies come and 60 inspectors
and captains are transferred or re-
duced but the changes made today
go to the foundations OF the police
department and place the entire de-
tcctive force on a new footing.
Beginning Saturday morning there
will be no more branch detective bu-
reaus in any of the boroughs except
Brooklyn. which by geographical ne
cessity has always been something
of Il law unto itself. Detectives will
no longer report to captains Of pre-
cincts CT inspectors of districts, but
to a lieutenant captain Of detectives.
who Will be directly responsible To
the inspector at headquarters in
charge of the entire bureau, who in
turn, is under the second deputy COM
missioner. William Flynn, who re-
Gently resigned his command as chief
of the Eastern division of the United
vice at the solicitation of Mayor Gay
nor under his new commissioner,
James s. Cropsey. In short, the plain
clothes man, the handy man of cap
tainS and inspectors, the ready errand
runner for the system" has come to
the end Of his rope. Detectives will
be no part of the precinct command
and Will work Independently of the
uniformed police. This is the policy
of the English detective force, which
works under Scotland Yard, a central
lied control. and it is also in line With
the policy of the Secret Service in
this country.
When a crime is reported the COM
plant will be turned over to the lieu
tenant captain in charge of detec-
tivese for the precinct and will also
be transmitted over the department
wires t. headquarters. Sixty men will
be kept there for emergency assign
mcnts and special work. The clerical
force numbering 100 men, will take
their turn on the street and all the
precinct men will be kept at patrol
work.
More than 600 detectives in all will
have to adjust themselves to the new
order They will have nothing to do
with gambling. disreputable houses
and keeping the streets clean or So
lci;ing, which will be looked after by
a special vice squad. Their business
will be to run down criminals and
nothing else They will even refrain
from making arrests wherever pos
sible. leaving that to the uniformed
officers whose face can become known
to the criminal world without impair
ing his usefulness.
Continued on Page Twelve.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
Worcester Consolidated
Trolley Cars. ca d
Cars Settle, Wsdgllg M!ot0rnaa
Between Them hem
II - o. ~ -.
Two Passengers Are lelufSd-cars
Are Badly Damaged.

Northboro, Mass, Nov. IA coll
lision between two Worcester Con-
solidated trolley cars at blind curve
near here today resulted in the death
of James Mansfield, a Marlboro motor
man. of one of the cars. Motorman
Fred Columbia Of the other car and
two passengers were injured, but none
seriously. Both cars were badly dam.
agec. tH'; -
The collision occurred at a blind
curve about a mile and one-half out
side this town. f '~'
Motorman Mansf1eld's car was bound
from Northboro to Worcester with q
single passenger, Miss Anne Haskell.
"a years of age. of Northboro. In the
collision, Miss Haskell was badly cut
about the face and body.
The other car, in charge of Motor.
man Fred Columbia and John Stewart.
conductor. both of Northboro, was on
the way to Marlboro from Worcester.
Five passengers were aboard. but only
one, John T. Navies of Worcester, a
liquor dealer, was hurt. He sustained
various injuries. Motorman Columbia
was cut about the head and hands.
The curve where the cars met lies at
the bottom of hollow, and both cars
We're going down grade with consider
able speed when they collided. The
body of one car was thrown clear OF
its trucks and the front 'vestibules OF
both We're badly smashed. =. s19 -
Motorman Mansfield was thrown out
of his vestibule and when the cars set
tied together he was wedged between
them. The use of crowbars was neces-
sary to remove him. An automobile
took the%injured man to Worcester
hospital. where he died soon after. He
was unmarried ti'.s'sS -
The railway officials would make no
statement as to the cause Of the acct
dent tonight Haa-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18

tile legal rate. The testimony is I'M
contradicted that the shipments COW
cred by the indictment was in carload
lots from Whiting to Grand Junction
for beyond and that the defendant paid
this rate" Quoting the response of T.
M. Grassland, an attache of the In
terState Commerce Commission at
Washington, who was recalled as a
witness by the prosecution this morn
ing, To interrOgatiOns by the court.
Judge Mccall points out that the wit
ness held that the defendant company
was authorized to use the 13-cent rate
that it was {; legal rate and that if
inquiry had been made of him by a
shipper for the purpose of ascertain
ing the legal tariff he would have
quoted that rate.
Taking up the much discussed blind
billing" it is held by the court that
''Hlind- billing was done by the car
rler and that there is not one syllable
of testimony tending to show that the
defendant company knew that the
carrier was so blind-billng the ship
mentS. But if the defendant had known
this fact, how could that affect it's
rights to avail itself of the 13-ccnt rate
which was filed with the Interstate
Commerce Commission"
AS to the contention that the blind
billing was an effort to conceal the
rate. il is held that if even that were
true. it ould be an effort by the rail-
road company which could avail but
little because the tariff was regularly
fled With the Interstate Commerce
Commission. 1t is also held that the al
legations in the Indictment show the
transportation from Evansville, Ind.
while the evidence showed that it
moved from Whiting.
Concluding. Judge Mccall says. cit
ing the right of the great and the
small to an equal footing before the
courts:
When the courts swing away from
this rule and those convicted of crime
are convicted by other means the JUS
tlce Of our boasted Jurisprudence will
soon become hollow mnckery and the
judgments of our courts will be held in
darision and contempt
The formal charge to the Jury sus-
tanning the motion of the defence and
lnstructing a verdict of not guilty fol-
lowed
1T is understood that the termination
of the present suit will have an import
ant bearing on other suits against the
larger corporations pending.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18

fred the first shot said. I'VE all shot
ut ;lim''
She testified also that Ivankowslli
said that if they had been successful
in securing the money, they were go
ing back to Europe.
Regarding Ipsen's confession, the in
terpreter testified that he answered
the question of who fired the first
shot?' with II did. the boy Proba bly
joel did, we all did
After both sides had rested counsel
for the defence and District Attorney
Peters made their closing arguments
The former claimed that their clients
had not premeditated the crime. and
Tor that reason neither could proba blv
be adjudged guilty of first degree muir
der They asked the jury to set aside
consideration of the confessions which
they alleged had been obtained under
excitement and mental stress"
District Attorney Peters called the
attention of the jurors to the fact that
although both defendants testified they
mad fired their revOlvers at the ground.
and that "JOe's" revolver contained
only seven shots, II shots were found
in the bodies Of Lundregan and Carroll.
In arguing for a verdict of murder
IN the first degree. he said that murder
came first, then the robbery.
Court will meet again at 9 A. M. to-
morrow. when District Attorney Peters
VIII finish his argument and the case
VIII be given to the jury.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
A DARING AVIATOR.
His Forte Was Altitude FIyins-HeId
the Worlds Record.

New York, Nov. 17.-Ralph tombstone
was an altitude flyer pure and simple
He had been only five months in the
business and never competed in cross
country events. speed dashes or distance
lights. But his ful-blooded, stoutly-
knit frame stood him in good stead in re-
sisting the cold of the upper air and the
instructive poise of the trick bicycle rid
er helped him in high winds He was full
or zeal and pride, and his daily rivalries
win MS teammate, Arch Hoxsey, in their
contest for altitude was one of the de-
lights Of the recent international ayia-
ton meet at Belmont park.
How high did you think Won went ."
me crowd asked him one night when he
settled on the field after sunset, numb
ana shivering. Il don't know" he an
swered. but if didn't go higher than
that Hoxsey I'll never trust a barograph
again"
1t happened that tombstone was defeat
ed on that occasion, but by dint Of daily
striving he got little higher each time
until on the last day of the meet he
brought back the worlds record, y714 feet.
winch he carries with him in death. He
mad already taken the American record
from Walter Brookins of the Wright
team. and when J. Armstrong Drexel
went him a little better he came back
again with still another American rec
ORD Nothing remained for him then but
the worlds record, and in the end he got
that, too.
The feat brought him 5000 in cash and
more fame than anything else he ever
did. but it was not really his most re-
markable piece of airmanship. In one
night at Belmont park-the day he de-
feated Drexel-he and Hoxsey both went
mp in gale so stiff that for time they
hung above the field immobile in latitude.
though they were steadily gaining in al
tltude, and then began to drift back
wards. They were blown off the course
out of sight and tombstone landed 20
miles down Long island. but it was char
acteristic of his pluck that he kept on
climbing until his last drop of gasoline
was exhausted
Il guess said Wilbur Wright at the
time, that's the first cross-country fight
ever made tail end foremost
Major Samuel Reber Of the United
States Signal Corps added that nothing
in aviation had gone SO far to prove the
worth of the aeroplane in stiff weather.
He estimated the strength Of the wind
tombstone then fought at As miles an
hour and upwards.
tombstone liked applause. but he sell
dom tried tricks to gain it. When it
came to beam-ends and pirouettes. Hox-
Continued on Page Twelve.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
HE WAS FEARLESS
But His UncIe's Prediction as to His
Death Comes True

Kansas CITY, Mo, Nov. 17.-When
Ralph tombstone. who was killed in
an aeroplane accident in Denver to-
day, started from the home of w. M.
Federmann, his uncle, here last Sum
LAY on his way to Denver to take
part in\the aviation meet there. Fed
erlnann said
Il suppose I'll receive a telegram
on" CT these days to come after your
remainS.'
Not mire," said tombstone. shak-
ii'g his relatives hand and smiling.
When | make a flight. l have my
plans Well laid. Before | leave the
ground | know exactly what | am
going to do. Don't worry about my
being injured
The dead aviator was born here 80
years ago. Mrs. tombstone and two
children. boy and girl are in New
York
tombstone was a trick cyclist be-
fore he became an aviator and was
famed for his daring feats on the
wheel. He travelled extensively
abroad. giving exhibitions on the BIZ
cycle. He met in Berlin the girl who
later became his wife.
Six months ago tombstone. through
Roy knabcnshue. obtained an engage
r1ent with the Wright brothers. They
lil.ed his work and a few weeks ago
he signed contract extending until
Jan. l. 1912
tombstone had the greatest conf
Hence in his ability to keep the
World's record for height. He said
while here that if anyone broke that
record he would go even higher.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
CONDENSED DISPATCHES.

Resolutions protesting against the
adoption of the new Boston q &Maine
milk rate were passed late Thursday
AT the annual meeting of the ew Eng
land Holstein Friesan Club held at
shrewsbury, Mass. The resolutions will
be forwarded to the Interstate Com
mercc Commission and Governor Eben
= Draper. The club elected e. d. Up
tor of Brooklyne as president
The American Sugar Refining CO.,
which has paid out more than 81, 200. 900
IN settlement Of under weighing frauds,
must reimburse New York City to the
extent of $525,6OO for water. if a report
OF referee handed down Thursday is
sustained. The city alleged that from
1877 TO 1903 the Sugar Company used
at its Williamsburg plant unmetered
water. the taxes on which amounted to
more than s5o0,O0O Morgan J. OBrien
as referee. finds for the city Of New
York
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
Over Settlement Of the
Fisheries Dispute.
Third Session Of 18th Canadian
Parliament Opens.
Government Hopes for Better Trade
Relations with United States.

Ottawa. Ont, Nov, 1.-THE third
secsion of the 18th Parliament of
canada opened here today with the
usual picturesque ceremonies. The
snaech from the throne delivered by
EarI Grey expressed qualification over
tho settlement of the fisheries dispute
and confidence in a satisfactory out
come of the tariff negotiations between
the tinted States and Canada. Earl
Grey said in part:
THE desirability of more equitable
tariff arrangements between the Unit
eA States and Canada has long been
felt on this side of the border. The
commercial policy of the republic has
not hitherto favored imports from
Canada. We have bought largely from
the United States. but they have
bought much less from us in return.
1t is gratifying to find that more
liberal policy is now favored by the
neighboring country and that the gov
eminent ct Washington expresses a de-
sire to establish better trade relations
with the Dominion.
"Folowing the negotiations which
took place some months ago between
the President of the United States and
my government, the results of which
were at the time communicated to
Parliament. a further conference be-
tween representatives. of the two coun-
tries has been held at ottawa. While
no conclusions have been reached and
no formal proposals made, the free dis
cusson of the subject that has taken
place encourages my government to
hope that at an early day. without any
sacrifices of Canada interests. an ar
rangement may be maile which will
admit many of the products of the Do
mionion into the United States on sat
isfactory terms.
THE Hague Tribunal, to which was
referred the cintroVersy between Great
Britain and the United States with
reference to fisheries in Canadian and
Newfoundland waters. has rendered a
decision which has been accepted by
all parties interested as fair and
equitable agreement of this long pend
ing dispute The result is gratifying,
inasmuch as it will tend not only to
promote peace and friendship between
Ms and our neighbours but also to fur
ther the practice of settling internal
tional questions by means of arbtra-
ton"
After formalities Parliament adj
Journed until Monday
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
A GENERAL DENIAL
Of Fermentation Made
By Lynn Murderefs. .
Also Deny Confession Taken
by An Interpreter.
Eleven Bullets in Bodies--Mo One
Revolver Fired All.

Salem, Mass, Nov. 17.-Testfying
through interpreters. Wassili Ivan
koWski and Andrea Ipsen, on trial in
the superior court here for the murder
of Thomas A. Landregan, shoe
manufacturer. and Policeman James
II. Carroll on June % LIST. today con-
cluded by giving evidence in their own
behalf. They agreed in nearly every
statement. saying the shooting and
robbery was not the result of pre-ar-
rangement. ..N AlIl
The case was not given to the jury
today as was expected as District
Attorney W. Scott Peters had not fin
ished his closing argument when ad-
journment was taken at 6.45 tonight.
The jury will receive the case tomor-
row forenoon.
Ivankowslli. in his testimony this
afternoon, declared that in his exam
nation following the shooting. po-
lice officers had threatened Ito string
him up or shoot him. He said one Of
ficer neld a revolver before his face.
Because of the alleged threats he tes-
titled that he said Yes" to every
thing. even to the question whether
he had fired the shot which killed
I.andresan.
His statements at this examination
We're repeated on the stand today by
Miss Helena V. Twaradowskam, the
interpreter. through whom they were
taken at the Jail following Ivankow-
skis arrest. The latter in cross-eXam-
ination later denied having made sew
eral of the statements which the in
terpreter attributed to him. She tes-
titled that Ivankowski said that he
and his two companions, 1psen, his
fellow defendant. and Joe" who was
killed. came to Lynn for the purpose
of getting the money. She said that
when Ivankowski was asked who
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18

lvankowski's story of the happen
ing as he persisted in calling the
murder. was substantially the same as
that told by 1psen and was to the eff
iect that the victims of the tragedy
were killed by Joe" the name bv
which the third member of the trio of
robbers was known. Joe" was killed
either by his own hand or by one of
the pursuing policemen on the day of
the murder.
ON the day of the happening ;,
said the witness, II was in LYNN look
ing for work and Joe and Ipsen were
with me. We had stepped on the
street to smoke. when two men mass
Ell by. Joe said to Ipsen and me, 'Yo,
wait here for me- In a short time
| heard shot and when l turned to
see what had happened Joe was
hrlng. l pulled out my revolver but
1t caught in my belt and went off
twice, "ounding me in the fingers T
saw the two men fall in the street
and then Joe told me to pick up the
bag and run and I did so.
Ivankowski denied shooting at either
of the victims but he could not say
that the victims We're not struck by
the bullets from his revolver when il
caught in his belt and was discharged.
CONTINUED en- Page Twelve-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
ARMY OF TENNESSEE
Re-elect Pres. Dodge and Sec. cadls
for goth Consecutive Term.

Toledo. Ohio, May 17.-At the tconcsu-
sion of the business session Of the 10th
reunion of the Society Of tho Army Of the
Tennessee held today. Council Bluffs.
Iowa, the home of Major General Gren.
vile Dodge, president Of the society," WAS
the unanimous choice as the place for
the next annual reunion, .,rer 81 sfs..i,t 8.
Major General Dodge. the society's
third president, was reelected TO- satvs
his Goth term, as was Colonel Cornelius
Cadle of Cincinnati the recording, secres
tary. The other officers are Wv.
Chamberlain of Cincinnati. corresponding
secretary. and Smith Hickeniooper of
Cincinnati, treasurer. so Ho5@sy
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
ToDAYS JOURNAL CONTENTS
Page Ono.

rage VITO.
DECENTRALIZATION tombstone Falls
70 His Death: Loses Control of AerOplane
while Making Dip at 500 Feet Altitude
Judge Mccall Writes Finis to Oil Cases
qualification Over Settlement of Fisher
res Dispute Between United States and
,anada-ySiG Shakeup in New York Po-
nee Force by Mayor Gaynor-Two lniur-
Mass
Page Two.
LoCAL-Pittsfeld. Skowhegan and
"afilner Local News.
Page Three.
LOCAI-W atervlle. Fairfield and Oak
'ahd Local News.
Page Four.
SPoRTING-Boxng, Baseball. Football
AMI other Sports.
Page Five.
TELEGRAPH
Page Six.
EDITORIAL
CLASSIFIED ADVERTISEMENTS
Page Eight.
STATE-County and Grange News.
Page Nine.
cAl.-State House News-County
Page Ten.
HoCAI.-Augusta Local News.
Page Eleven.
"o' Ai4-Augusta Local News.
Page Twelve.
TELEGRAPH
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
TAKING ALL PRECAUTIONS.
Ilf.,
Texas Authorities Guarding Against
Clashes With Msxicans.

Washington, Nov. 17.-Everything Is
quiet along the Mexican border and
proper measures to obviate- any ~possi-
bility of clashes between citizens Of Mex
leo and the United States. according to
telegram received today by tho state
Department from Gov. Campbell Of Tex
as. III. u .5.-g,
Governor Campbell said he had no news
of trouble in Uvalde, where disturbance
between Americans and Mexicans was
short distance from Rock Springs. the
scene of the burning of Antonio, Rod
riguez which gave birth to the embittereti
feeling in Mexico. The department heard
of a rumor of trouble between.the races
at uvalde and asked the governor for
report upon the situation. ~
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-18
mot A WoRD!"
Col. Roosevelt Remains Strangely ST.
lent to lnterviewsrs.

New York. Nov. 17.-"Not word-not q
word" said Colonel Theodore Roosevelt
in answer to a question as to what he
thought Of the recent election, when he
returned to his magazine labors today
for the first time since Nov~S $50
They are saying you can't come
back" ventured reporter. q y. "a
Not a word" said the colonel as he
bounded out Of his automobile, which
brought him in from Oyster Bay and
hurried into his office. - %"~as,, ss-f