davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24
HE|KE NOT HARMED
Spitzer's Story Doesn't Con-
viCt Sugar Trust Secretary.
CARD May BE HELD BACK
Prosecution Believed to Have Trump
to Play Against Him.
TREASURY AGENT ON STAND
Admits Participating in Weighing
Frauds While Employed
on the Dock.
CARD MAY BE HELD BACK
TREASURY AGENT ON STAND

NEW YORK, May 2i.-Althoueh the
governments star witness. Oliver SpitZer.
the former dockmaster. who walked
out of the Atlanta penitent;ary, where
he had been sent after bossing for
years the sugar-weighing frauds on
the Williamsburg docks. had a most
interesting story to tell Yesterday. it Is
not mainly on his evidence that the gov
eminent relies in its effort to ceEvic;
Charles K. Heike. the American Sugar
Refining Company's secretary, of a part
IN the conspiracy fraud
Inc veteran sugar company employee
indeed. hardly threw a single new ray
of light on the trial that is claimed to
lay in the direction of Heikes offices
from the scene of the frauds on the
docks. His testimony rather had to do
with James +. Bendernagel the re-
hnery cashier. and Ernest f. Gerbracht
the superintendent. both of whom are
on trial with Heike, together with
three other former employees Of the
company.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24
Full Hand Not Shown,

The government, it is believed. has
not yet shown its full hand against
Heike. Little of the evidence has
pointed directly the way of the trust
secretary.
AS the highest up" man so far pros
ecuted. however. the government is
thought not to be likely to neglect any
point that might bear against him.
Further evidence regarding his alleged
pected and today. with Splitter resting IL
was believed might afford a good Oppor
tunity for presenting it.
AS Richard Whalley took the stand
to testify for the government at the
opening of the session today the presi-
dent of the American Sugar Refining
Company. Washington b. Thomas, and
one of the trusts directors Dr. Samuel
l.. Hooker of Philadelphia, sat in court
behind Heike and listened to Whalleys
testimony.
Tempered With Scales.
President Thomas and Prosecutor Sim
son had a short conversation before the
opening of court, their talk giving rise
to the report that Mr.. Thomas had been
suopcenaed as a witness.
Whalley is a special Treasury agent
who was with the ether Investigators
raid on the sugar docks was made IN
1907 and the fraudulent weighing devices
We're discovered. Whalley was on the
stand only few minutes and was not
croSS-eXam mined.
He was employed for time by the
sugar company and under SpitZers drec-
ton, he said. used to tamper with the
scales by rolling the ball" as he called
it. He gave an illustration of the process
on the scales in the courtroom, twisting
the cylindrical weight to the left of the
beam to decrease the weight recorded. He
said he never saw the steel spring until
the time of the government raid.
No Comparison of Weights.
James F. kerrigan and William ]. Null
hearn. clerks in Bendernagels Office. ad-
mitted that they had never received in
structions to compare the government
weighers weights with those Of the city
weighers.
The last are alleged to be the actual
weights which the sugar company
paid for its purchases and the govern
ment figures the ones registered by the
fraudulent scales and which the duty
was based. kerrigan said he sent the
government and city weigher's returns
to the Wall street offices Of the trust.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24

a former marriage shall each receive $50.
A life interest i'm the real estate il left
TO the husband. John Faunce. and at
his death the estate goes 10 his two
sons, John II. and George F. Faunce.
John II. Faunce is named as executor
To Relatives and Friends.
\ number % relatives and friends Of
Rosetta NJ Comstock are remembered
with requests ranging from So 10 siao
by her will da:ed June Ia. 1900. The
remainder goes To her niece. Rosetta NJ
Wilson.
BY the provisions OF the will OF Lester
NJ. Stone. dated October =. 1902. his
mother. Jennie r. Stone is named as
sole beneficiary. In the event or his
mothers death provision is made for the
disposition of his estate. Lester II. Plat.
William u. Plat and Carl Casey are
named as executors.
The will OF Laura -. Sechrist. dated
March last. has also been flied for pro-
bate. a piano and $500 in cash are left
to her sister Margaret Kennedy. The
remaining estate is devised to her two
children. Irwin u and Margaret l.. Sc
christ. and the son is named az executor
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24
ARE INJURED
PASSENGERS HURT WHEN
FLYER LEAVES TRACK.
Southern Limited Was Spe .dirg
Through Virginia at Fiftj
Miles an Hour.

Eighteen passengers were injured when
the Southern railway. while speeding at
a rate Of fifty miles an hour. left the
tracks at Cedar Run Bridge, Va, shortly
after ) O'Clock yesterday afternoon. The
engine ran into the bridge and five of the
coaches were derailed.
The train was running from New Or
leans to Washington and when it left At
anta, Ga. was ten hours late. The pas
sengers were thrown from their seats and
the chairs were torn from their fasten-
ings.
The passengers, none of whom was seri-
ously injured, arrived in Washington at
TO their destinat ion.
List of the Injured.
The injured were:
Hardy NJ Edwards. Buffalo, n. Y.
II. 6. Ashley, Mobile. Ala.
Mrs A. l.. Shuller, Honesdale, Pa.
Herbert ~ Whiting, Boston, Mass.
James Clark, New AOrk
Charles r. Smith, Buffalo, y. Y.
Mrs. S. {. FarnantIis, Seattle, Wash.
J. F. Dimmick. Montgomery, Ala.
Mrs. q. r. Melius, Bridgeport, Conn.
S. r. Miller, Baltimore.
Miss Marietta Walsh, New York
Capt. S. ID. Buck, Baltimore, Md.
Mrs. William r. McAvoy, Baltimore,
Md
W. w Tower, New York.
Mrs. e. h. H. Tower, New York.
X. G. Hill, Buffalo. n. Y.
Mrs. |. s. Fanloan, New York.
a. NJ. Dumler, Baltimore. Md.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24
Earnest Debate Follows.

The debate became general. In their
obliyious to their surroundings. Rev.
Dr. NJ l.. Lacey. the very personitica-
ton of dignity and reverence. SO far for
got himself, as he patted out point
in the palm of his hand. as to say, II
bet you-'
Laughter for the first time during the
assembly put to rout the Presosterlah
dignity of the august body. The gray
haired old man changed hts statement
to Il venture
Finally Judge Hutton's report was
adopted by a vote of 100 to rs.
During the day the Rev. j. D. Lesie or
Texas was elected permanent clerk. over
DIR. John r. Herndnn of Tennessee: Or.
A. NJ. Fraser of Virginia, over r. Nj.
Craig Of Alabama. =,
The committee marriages and d.
vorces submitted reports. NO action was
taken upon them.
Whether church may take action ia
vorable to prohibition in a popular cleo
ton must be acted upon by the assembly.
Ludicrous Mistake.
The assembly is deeply chagrined at a
mistake which is said tn have crept into
the greetings sent to the Southern Meth
ndst conference at lAsheville \. c. In
the message the assembly referred to
Isaiah. 5n:I, rs expressing us sentiments.
Instead Of this brothery passage about
the message from the mountains being
cited. it is understood the reference when
II arrived at Asheville was to Isaiah
5s:7. This passage tells about lambs led
to the Slaughter
Coming Just after the election of seven
bishops" the Rev. &. r. Hyde of Little
lock, Ark, tod the assembly today. "our
Methodist brethren may think us Off
cious." He suggested no more references
be included in greetings.
The assembly may adjourn Friday.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24
Judge Hutton's Plea.

Pulling up his coat sleeves in court
room fashion, Judge Hutton set to work
to defend his report. He said that this
would not permit organic union, explain
ing that it merely provided a form
whereby person could give property to
the church and know that it would never
he diverted to any institution outside the
Southern Presbyterian Church.
your assembly asked our committee
to draw such a form and We did it. And
yet you accuse us of stirring up a de-
bate on organic union and of being sin
nerS."
DR. Nesbet got the floor long enough
to say that the report was dangerous
because it provided for the assembly Civ
ing it's influence to this kind of dOna-
ton
Il hope that never again will ! ever
be appointed on a committee with three
LAWYERS said he
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-24
BRINGS ON DEBATE
Overture Before Southern
Presbyterian Assembly.
PUBLIC TALKS BY WOMEN
Ruling on Disposition to Be Made
of Donations to the De.
nomination.

LEWISRURG. w. Va, May o4-At
first the General Assembly of the South
ern Presbyterian Church was inclined to
give scant consideration to the overture
OF the Lafayette Church of New Orleans
for information as to whether or not the
church still maintained its position in
opposition to women addressing gather
ings In which both men and women were
assembled. Now it has become a serious
question.
Were any frivolous overtureS received
today" inquired minister who did not
arrive in Lewisburg for the opening of
the assembly.
Yes, was the response of fellow
preacher. Some church wanted to know
about women talking" But after the
committee on bills and overiures was ap-
pointed the advocates of women made it
known they were In earnest.
Arguments of Advocates.
No women appeared to be heard. Some
men. however. are arguing that with the
Methodists. Baptists and other denomna
lions permitting the women within their
midst to speak in all assemblies the
Presbyterians are regarded as being be-
hind the times.
These advocates of women are not in
clined to be belligerent and if the commit
tee on bills and overtures turn them
down they probably will not demur on the
floor. believing that sooner or later the
assembly will relent in regard to the
rigid enforcement of silence upon women.
Regardless of Protest.
Despite the protest that the action might
hinder union with some other church. the
General Assembly adopted an optional
form of conveyance whereby future
donors may be assured that their gifts
will remain forever in that organization,
The fight over the proposal was the
most earnest of any contest of the as
sembly. Judge Frank B. Hutton of Alb
ingdon, Va. led the forces in favor of the
adoption of the form, having presented a
ma jority report OF a special committee.
Rev. {. r. Nesbet of Nashville. Tenn,
submitted minority report signed by
himself and was the leader of what
proved TO he the minority on the floor.
DIR. ". l.. Lingle of Atlanta, Ga. played
the role of an unsuccessful compromises.
He wanted the assembly to adopt no
forms
The contest on the floor was inausu-
rated by Judge Hutton. He read the
form of deed providing that the property
given to any court or institution in the
church could net be diverted to any in
stitution beyond the control of the
church.
The discussion became interesting when
Dr. Nesbet declared that the action pro-
posed by Judge Hutton would provoke
an untimely discussion Of organic union.
He asked that the church be left to FOL
low where the Holy Spirit leads
MY conscience tells me-" said he. III
let this go without protest l will be a
sinner
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
FUNDS
SEPARATE

At the meeting OF the Retailers AS
sociation last night, the following mo-
ton introduced by Kendall Galloway,
was unanimously passed:
That the chair appoint commit
tee Of three to wait on the committee
Of ten appointed at the meeting last
Tuesday night and recommend thee the
entirety Of the Merchants Associa-
tion be maintained and that the dues
of the association be collected and kept
separate by the treasurer. Of the Mer.
chants Association
Much debate attended the adoption
Of the motion. bllt the fact that it was
finally adopted without dissenting
vote is considered a good indication
Of the "get together" spirit. The com
mittee of ten will no doubt heed the
wishes Of the merchants and report
plan of affiliation whereby the funds
will be kept separate
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
AMOUNT
REDUCED
Indian Appropriation Bill
Is Reported to the
House

Washington. Jan. 25.-The Indian
appropriation bill, which was reported
70 the house yesterday, will authorize
appropriations amounting 10 IS, ,66l 1852,
against sll,S54,0OO. which the lat bin
carried The Indian department had
asked for s9I97,662 in this bill. Heavy
cuts are made in the appropriations
for Oklahoma. For settling the affairs
Of the Five Civilized Tribes, the de-
partment asked s26l 900. but the com.
mittee recommends $1,000 Two
years ago the Indian schools received
100000 The department. this year
asked for sl50,OO0, but only 5000 is
authorized The Chilocco Indian
school vii be abandoned. For the use
Of the Wichltas and affiliated tribes
$4,000 Is authorized There viii be no
appropriation for the Kiowas, Co
manches ar,U Apaches. as the secreta-
ry Is authorized TO use s25O.O00 out of
the trust fund OF these tribes for their
benefit
The bill provides that the secretary
Of the treasury shall report next De
cember on the funds OF all the tribes,
showing how much money has been
appropriated by congress since July !,
1875. required BY the law 10 be REIN
bursed to the United States from IN
dian tribal funds in trust or other
wise, and to what extent such REIN
bursements have been made. Annual
accountings with each tribe BY the sec
retary Of the interior are also ordered
The bill Increases last years ap-
preparation for the suppression Of the
liquor traffic among Indians by $780,
600.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25

INJUNCTION
ASKED BY
JOHNSON


Attacking the legality Of the entire
action and raising questions invow.
ing both the state and federal consti.
tutions. Attorneys Bond & Melton, in
behalf Of H B Johnson, today filed a
petition in the district court asking
for temporary restraining order
against the Oklahoma Central Termi-
nal Railway Company and appraisers
w H. Gilkey. ]. B. Sparks and J. c.
Lewis. i'm the proceedings that have
been instituted for the condemnation
Of certain land as right OF way for
the railroad
Dorset Carter OF the Terminal Com
pany was in court but had to leave
this afternoon for Guthrie and he ask.
ed that hearing on the petition be
postponed. saying further that he
would Likely have an amended petit
tion to file in the matter.
The petition for an injunction sets
forth that the Terminal Company filed
their petition asking for the appoint
ment Of appraisers on Nov. "a and
that the court named the appraisers on
Dec. Is. It is alleged that the notice
to the plaintiff of the appointment Of
appraisers is insufficient and void be-
cause it was not signed BY the Termi-
nal Company and because il did not
specify whether the land was to be
condemned for private or public pui-
poses 1t IS claimed that the court
had no authority to make the order
for the appointment Of appraisers in
the manner that was followed.
Basing their contention upon Section
"a Of Article Of the state constitu-
tion. the attorneys point out that the
court must determine whether the
land to be condemned is for public
or private use and THAI plaintiff, AIr.
Johnson. was entitled to a hearing on
this point but that he received no no
tice of such hearing 1t is further
contended that the legislative act of
1908 under which the proceedings are
brought is contrary to the state and
the federal constitutions.
; Declaring that If the appraisers are
allowed to proceed, the plaintiff will
have no remedy at law, the attorneys
ask an order to stop further proceed
ings
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
SAYS FOOD PRODUCTS
Are CHEAPER ABROAD
Wilson Gives Information on Cost Of Living
Judge Lands Starts Inquiry as to
Price Of Meat

Washington, Jan. 25.-"I am gather.
ing proof which win show American
farm products are being sold cheaper
abroad than they are in this country, =
declared Secretary Of Agriculture viii
son Yesterday at the high cost Of liv-
ing1 hearing being conducted by sub
committee Of the house committee Of
the District of Columbia.
Mr.. Wilson gave evidence ID show
the producer at the present time was
getting a little more than formerly for
his food products, while the ultimate
consumer was paying an excessive
price.
Until comparatively recersly the
American people enjoyed the cheapest
food in the world" continued Arr vii.
son, but nowadays not enough people
know how to farm profHably know
how to get enough out Of days work.
know how TO make an acre respond.
The lure Of the factory has called the
farmer from the plow''
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
Pronounce the
PaDing Good

After inspecting the paving which
is in progress in this city, a delega.
tion Of city officials from AIva, Okla.
expressed themselves as well pleased
with what they saw.
In the party were D. X. Hubbard
city engineer Henry Bost. an alders
man, and H. = Noah, who is one Of
the largest property owners in Alya.
The Heman company has been
awarded a paving contract at Alva,
and rumors Of some complaints here
having reached AIva. the party was
sent to investigate.
Mr.. Hubbard went over the Chick.
asha paving carefully and ne said to
Mayor Edwards that It was one Of
the best pieces OF work he had seen
anywhere. Mr. Noah also stated that
he was thoroughly satisfied with what
he had seen and considered the paw
ing here good.
The Alva gentlemen have also in
spected paving in number Of other
towns.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25

Chicago, Jan 25.-Judge Kenesaw
N. Lands, Of the United States dis
trict court, in his charge to the FED.
eral grand jury assembled to investi-
gate the methods Of the so-calied "beef
trust" declared It was through infor-
nation furnished BY him that the pres.
ent proceeding was started. n
Judge Lands also said that after he
had notified the United tSates district
attorney in Chicago on Jan. 20, he was
surprised to see on Jan 22 notices in
the newspapers coming ostensibly
from Washington. which said the gov
ernment officials there had ordered
the investigation
II was announced, however, that az.
ton on the beef trust investigation
would be postponed for few days I'm.
I'll some docket cases had been con-
sidered. 1t was explained that the
present investigation was OF such i'm
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
STATE LEGISLATURE
HOLDS BUSY SESSION
Governor Sends His Third Special Message Bill
for Relief Of the Game Warden
Is introduced

Guthrie. okla.. Jan. 25.-Governor
Haskell yesterday transmitted his
third message TO the legislature. open
ing up fifteen new subjects. including
the location OF the state capital and
additional congressional representa-.
ton. Members OF the senate intro
duced measures on these two points
The senate passed the Russell appro-
priation bill Of $4,000 for Fort Glib.
son blind school. The house discussed
at length the Wallace bill 10 postpone
the payment Of taxes until April
without decisive action. The house
adopsed a substitute for the Ross reso.
luton calling for an investigation or
expenditures after two long and ear
nest caucuses Of the Democratic ma
iority
Most Of the bills introduced yester-
day, such as bills by Harrison OF the
house and strain OF the senate requir.
ing conwct-made goods to be SO la.
bIed. Senator Russell's New Jerusa.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
BOWIE MAN
IS SHOT.
And Seriously Wounded
at Dallas Well
Known Here

Dallas, Texas, Jan. 25-With tight
ing chance for recovery. william V.
Bailey is at ST. Paul's sanitarium with
a bullet hole through the right breast.
the left lung and the back. The ball
passed entirely through the body,
when he was shot by a negro late Sat
urday night while a passenger on a
North Belt street car. Mr. Bailey Is
a man OF about 40 years OF age, Of
sound physical health, and while the
wound is declared to be a dangerous
one, it is thought that he may recover.
II was on a crowded car shortly be-
fore midnight that the shooting oc-
CURED, just before the stop at Pearl
streer and Ross avenue. Afser the
shooting the negro from whom the
wounded man had wrestled the gun
escaped. The car was shunted from
Pearl street to the tracks Of the San
Jacinto line and on the car the woun-
ed man was rushed to the sanitarium.
There he was attended by Drs w. w.
Samuel and E. J. Arendt.
Mr. Bailey's daughter, Miss Mary
Louise Bailey, arrived in the forenoon
from Mineral Wells, accompanying Mr..
Bailey's sister. Mrs Judge Hugely. Lee
Bailey, a brother Of Mr.. Bailey. ar
rived from Bowie.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
HOLIDAY
ON FEB. IL

Guthrie, Okla, Jan .-Covernos
Haskell has issued a proclamation de-
claring Saturday, Feb y, legal hol.
iday and asking the people OF the state
to observe the day in commemoration
Of the one hundred and first anniyer-
sary OF the birth OF Abraham Lncolns
who, the governor says. was not only
one OF the greatest characters Of the
nation. but one Of the greatest in the
annals Of AL history
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25

lem bin in the senate and Senator
Goulding's resolution calling for two
additional congressman, all are meas
ures within the lines outlined BY the
governor.
IN the house the Ross resolution
providing for a special committee Of
seven members to investigate and in
quire into the expenditure Of public
funds occupied the greater portion Of
the day. The house revenue and taxa
tion committee. J. w. Smith Of Grant,
chairman, reported without recommen-
dation the Wallace bill to extend time
Of payment Of taxes until April l and
10 pass the Anthony bill to legalize the
1909 entire years tax assessment.
New Senate Bills.
Among the new senate bills are the
following:
BY Taylor. to prevent claims from
being sent out OF the state to deprive
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25

Judge Stilwell H. Russell OF Ardmore
was attorney for the defendant before
he became a district Judge and Is here
TO represent him.
The eases against Charles Johnson
and f. p. slade. who were arrested
for the murder Of Jeff Potter At Minco,
were dismissed this morning without
prejudice
In the case Of w. J. Parks, charged
with disposing OF mortgaged property.
the court sustained a demurrer 10 the
Indictment and the case was again re-
ferred to the county attorney.
Upon affidavit Of the defendant. the
case OF G. L. Hamrick was continued
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
ice PLANT
GOING UP

Work on Eyerybody's lice & Cold
Storage plant. in the north part Of the
city, Is progressing rapidly and it is
expected that the plant will be in oper.
alton by March IS.
The main building. which Is con-
structed OF reinforced confrete. is 50
by l2O feet and 1t is now ready for The
root.
Several car loads OF equipment have
been received and more is on the way.
All the machinery win be ready for
installation as soon as the building is
complete An expert will install the
machinery and give the plant a fifteen
days test. Il will be one Of the most
complete and modern ice plants in
the state.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25
Murder Case
to Be Tried

Th1 first murder case 10 come up
at this term Of district court will like.
y be tried tomorrow Il is the case
OF Logan Billingsly. which comes from
caddo and IS on an old Indictment
that originated before Oklahoma be
came q state.
L Is charged that BHlingsl5 shot and
killed =. c. wheatIey on Sept. s. 1904
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-01-25

Joe Friedman was arrested by Dep
uty Tom Burke this morning on change
of passing counterfeit money. He re-
ceived preliminary hearing before
U S. Commissioner Payne this after.
noon.