davidaulloa/AmericanStories huggingface dataset:
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11

other charge made by the complainant
He says hat because of this action the
preferred stockholders were unable tt
participate in the division of the stocl
in dispute.
Among the many lawyers in the fray.
which, however, will be taken up to
the highest court, no matter how the
legal cat will jump, were Richard V.
Lindabury and Frederick j. Faulks
representing the complainant; Henry
b. Classon and John G. Milburn, OF
New York. and Albert c. Wall, of Jer-
sey City, for the HaVemeyer heirs;
John R. Hardin, for the National com
pany, and former Attorney-Genera
Robert II. McCarter and Walter d.
Pine. of New York, Posts representa-
tiYes.
According to Mr.. McCarter, Posts
attitude, both in the answer filed by
him and in his position in the case,
seems to be that of a stakeholder of
the stock in question. He frankly ad-
mits he acted as agent in the matter
for MI. Havemeyer and he claims no
beneficial interest in the stock which
is in issue. which was in Mr.. Have
I114 ET s DOSStSSiOIl lIbIi ltIt DV5 tiihli'b
and at the time of his death.
Before witnesses were called Mr..
Faulks had several owners of preferred
stock, covering 1860 shares, Joined in
the suit as complainants and deposit
lions were read from j. Howard VIII
son, of New York, and Mrs. Catharine
G.. Wilson, his mother, among the num-
Der, telling of their holdings of pre-
ferred stock in the defendant COM
pany. Both said that during the So
called sugar war; in 1900 n George
Bunker came to them, preferred stock
was secured in the new company, but
nothing at all said about common
stock. Mr.. Wilson in his deposition,
which a taken in New York the
other day, said ut seemed to me an
immoral transaction"
Vinegar Man Owned Sugar Stock.
Frank Hansel, of Philadelphia, who
is jolly and looks prosperous, made
everybody laugh in the course of the
dry proceedings when he was asked by
Judge w. w. Porter. of that city, what
his business is:
Manufacturer" was the laconic
answer.
"Of what?"
Vinegar" came from the witness.
He is the holder of thirty-five shares
of the preferred stock, and raised an
other laugh when it was suggested that
he leave his certificates in court, by
saying that that might prevent him
from making a big sale. He didn't
know anything about the issuance Of
the common stock, he said.
Another witness along the same line
was Charles A. Beaumont, of Philadel-
phia, one of the incorporators of the
old company. He testified that when
the new company, the defendant con-
Germ, was organized he got 300 shares
of preferred stock and some cash for
the 200 shares he held in the origina!
company. The transaction was within
the period covered by the bill of COM
plant.
What knowledge had o as to the
issuance of the common stock?" he
was asked.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
COUNSEL SUMMING UP
IN ELECTION FRAUD CASES.
Judge Kalisch Denies Motion to
Direct ACQuittaI.
Especial to the Newark start

MAYS LANDING, Oct. 11.-Counsel
for defense made a motion for direction
of a verdict of not guilty this morning
when the trial of Thomas McDevitt and
George Amole was resumed, alleging
that the State had failed to prove overt
acts of conspiracy to pervert elections
in 1909 by purchasing 100 votes in the
Sixth precinct of the First ward, At
lantic City. Justice Samuel Kalisch
denied the motion without comment,
and directed Attorney-G General Edmund
Wilson to proceed in his summing up to
the jury.
William I. Garrison, private counsel
for McDeyitt, opened for the defense.
In an eloquent appeal to the jury he
dwelt first on the "dastardly conspi-
racy' between the States chief witness.
J. H. Day, n Walter McDevitt, a
brother of the defendant, to land Tom
McDevitt in jail" Reviewing the evil
dence. he said: you must either be-
lieve the fifteen witnesses for the de-
Tense or the three direputable witnesses
of the State.'
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
FLOOD-RUINED AUSTIN'S
BALLOT-BOX, FOUND IN
DEBRIS, CHANGES TICKET.
County Commissioner Believed
to Be Winner BOwled Out
by Votes.

AUSTIN, Pa, Oct. 11.-Health Com
missioner Dixon and his assistants
have restored the water-works system,
and 1t will be turned over to the town
authorities tomorrow. The Buffalo and
S~usouehanna railroad today began the
building of a station on the site of that
destroyed by the flood. The ballot box
swept way when the City Hall went
down was recovered today and a count
of the votes changes the county ticket.
There were IS tickets in the box, and
enough votes were cast for Charles
Austin for county commissioner to give
him the nomination instead of Mr.. Bar
too, who was believed to have been the
winner.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
BATTLE BEGINS
FOR sl0,000,000
OF SUGAR STOCK
Norman B. TOOker and Others
Sue Trust and Have
meyer Heirs.

Big figures were handled before Vice
Chancellor Stevens today, when the
trial of the $40, 900, 900 accounting suit
of Norman B. Tooker, of East orange,
and Others was begun against the So
called sugar trust, incorporated as the
National Sugar Refining Company of
New Jersey, Louisine w. Havemeyer,
Horace Havemeyer. Adeline H.. FIRE.
l~inghuysen and Electra II. Webb, heirs
of the late Henry 0. Havemeyer, the
master-mind of the combine.
Before 1t started the court reminded
the many lawyers present that the tes-
timony was largely documentary and
great heaps of books and papers in the
little courtroom was ample evidence of
that fact.
As executor of the late Nathaniel
Tooker, the complainant brought the
suit in chancery to compel an account
ing of $40, 900, 900 of common stock in
the trust. 1t was alleged that this
stock had been issued without consid-
GRAFTON to James H. Post, as the repre-
sentative of Mr.. Havemeyer, the sugar
king.
The action has raised the question of
the value of the various PLANTS which
NtlC dpSol z WDtI lil6 lIuSl WIS Il
ganized, and this particular inquiry is
directed to the business of the COM
panies as it existed May % and June 2,
1900. Under an order recently made in
the case the complainant is per-
mitted to examine in detail the records
showing the cost, book value or market
value of all the properties taken over
by the trust.
Post Secured Options.
Post obtained the options on the
properties. and then he and Henry o.
Havemeyer organized the National
Company of New Jersey, with a
capital stock of 500, 900, 900. They de-
cided to purchase all the shares of the
old National Company and the Mollen-
hauer Company, of New York, for
SIS, $50. 900. which. the complainant
AYERS. was $40, 200, 900 in ezcess Of the
actual value of the property,
It Is alleged hat Post, acting for
Havemeyer, received S., $4,000 of pre-
ferred stock in the National Company
and $40, ZOO, 900 of common stock In
volved in the suit.
That the issuance of this common
stock was without consideration, and,
therefore, a fraud, in the legal sense,
upon the preferred stockholders is IN
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11

None whatever" was the admission.
From A. S. Post, also of New York,
owner of $50 shares of preferred, it
was learned that he practically I'M
derstood," as he put it, that there had
been an issue of common stock, but
he added hat he did not know who
received it "or anything else" He
volunteered, 81 assumed 1t was issued
lawfully" but the answer was ordered
stricken out. Asked what his business
was he said he vas a director in gas
and chewing gum.
Strenuous objection vas made by
counsel for the defense against drag
ging into the case the Federal suit
brought November 20, 1910, against the
company. =
1t was finally decided to eliminate
point as irrelevant.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
GOLF BALL MANS $4,000
SALARY SUIT DISMISSED.

vice-Chancellor Howell today dis
missed the appeal of Eleazar Kemp
shall, former president of the Kemp
shall Manufacturing Company, because
he failed to appear in court to press the
disallowance by the reserves of the
company of $4,000. This is for salary
alleged to be due him.
The concern, which ran a golf-ball
factory in Arlington, was a~djudged In
solvent in September, 1909, and the late
Edward NJ. Crane and Frederick F.
Guild we're appointed receivers.
Mr.. Kempshalrs claim covered six
years at 5000 a year.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11

None whatever"
When Gustave H. Gossler, of New
York, who once owned fifty shares of
the preferred stock, was called
the same question was put to him as
to his knowledge of the common stock
issue, and like the other witnesses said
he had none. He bought his shares In
January, 1901. There was objection to
his testimony at first, because the stock
was bought and sold IN the open mar
ket, but he was allowed to tell what
little he knew. His stock went to C.
A. Spreckels.
On the cross-examination by Mr..
Wall he was asked:
you say you never acquired or OBJ
tanned any information regarding the
issuance of common stock. What eff
forts did you make?"
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
FIRE DESTROYS BARN;
6 HORSES, 2 MULES PERISH.
Especial to the Newark start

SPRING LAKE, Oct. 11.-Fire origi-
mating on the ground floor of the Will
lam G. Schench stables and granaries
caused the total destruction of the
buildings and the death by burning of
six horses and two mules shortly be-
fore 3 o'clock this morning. The total
loss to the owner is estimated at no
more than $4,000, partly covered by in
surance. Incendiarism is blamed.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
BANK EMBRzzLER GUILTY.

LOUISVILLE, KY. Oct. u.-Ind,o..
oy a FEDERAL jury, an hour later w 8
Parker former cashier of the so,,h 2.
National Bank, Of L~ouisviIle n,aas
guilty to violation Of the nat,onai saueu
ing laws. He was accused of emhoal nk-
ment Of $4,000 from the bank r.
be sentenced on Friday. no WI
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11

A ean press dispatch from Paris to the New York Americana quote Thomas A Edison as say
mg that in France:
man extraordinary way think hat most dhe mdOnhA America comes rom the dee make bread
look pnS and in SO doing ubMnhg h.w wheat taking from it qwhu mos. essential to nutrition and
health
ths sheen found in cumMe. we nat d d"ek wn as beibn Amh~F tbm ba
fatal disease attacking the nerves nerve centres that the pra. &p polishing and whitening me%
msa are taken from the food hat if lowed to rmn and be fed to patients m&mg from the disease
actually cures then"
In the making of white -four the vital elements Of the hard outer coat Of the wheat are Thrown
AVA" beaueH myd aen the -four Nerve starvation Ba natural result
Nc one can beat" Old Mother Nature She places in wheat and barley certain elements
(Daaas4 Potash Lime, etc. up under the outer she'll Dnsae the element which helps to rams
form or digest starch and make it useful for the body The Potash goes to rebuild the gray natter in
Their nerve cells
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
In the making Of
Grape-Nuts

these brain and nevebuldng aemensa are pupoey preserved among them the valuable Phosphate OF
Potash (gpMn in the ga) the essentials tissue alt of all gray nerve matter
For growing children, for men and women whow work with body and BRAIN there is no better
food than GrpeNus
CnpeNus contains all the meat thu wheat and barley from which it is made A dish of
CmpeNus and creams the oed par of the daily morning md ohndeds Of thousands Of people
Ill ~ hauLd
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-10-11
Dyspeps

Prominent merchant suffered for years
nothing did him any go0d-till he
took this wonderful medicine, which
cured him in short order.
IT am glad to tell what Duffy's Pure
Malt Whiskey has done for me and
others. I suffered from dyspepsia for
many years, and tried doctors, mineral
waters and many drugs to no avail. I
read one of your pamphlets which tells
What this medicine has done and will
do. So l ordered a case from my dealer
and 1t did me so much good that I
recommended 1t to all my friends who
were feeling poorly, and it has been
OF such benefit to them that they would
not be without TN. Vilaseca,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
GRAY HAIRS BANISHED.

The old idea of using sage for darken.
ing the hair is again coming in vogue.
Our grandmothers used to have dark,
glossy hair at the age of seventy-ive,
while our mothers have white hair before
they are fifty. Our grandmothers used
to make sage tea" and apply it to
their hair. The tea made their hair soft
and glossy and gradually restored the
natural color. One objection to using
such a preparation was the trouble Of
making it, especially as it had to be
made every two or three days on account
of it souring quickly, This objection has
been overcome and by asking almost
any irst-class druggist for Wyeth's Sage
and Sulphur the public can get a SUI
perior preparation of sage, with the ad-
mixture of sulphur, another valuable rem
edy for hair and scalp troubles. Daily
use of this preparation will not only
quickly restore the color of the hair but
will also stop the hair from falling out
and smake it grow. 1t is sold by all
druggists for Soc and $1.00 bottle, or
is sent direct by the Wyeth Chemical
Company IA Cortlandt St., New York
City, upon receipt of price.
j. C. PERRY, Salem Oregon.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
FISH and GAME
COMMISSION
is ORGANIZED

The Fish and Game Commission
completed it's organization Saturday
afternoon by electing George H. Kel-
ley, of Eugene, as the fifth member,
and it is now ready to assume its du-
ties when the law creating it goes in
to effect on May 20.
Under this law the board will have
complete jurisdiction of all matters
pertaining to the enforcement of the
fish and game laws, and also the
appointing power of all officers.
Scores of applications for the offices
had already been filed with Cover
nor West, and these were turned over
to the board for its consideration, and
at its next meeting the appointments
will be made. Master Fish Warden
Clanton Is a candidate for the place
he now occupies, and, since he is a
man Of experience in the fish bust
ness, and has given the state an ad-
ministration that is above criticism,
and Is thoroughly familiar with the
work, he is likely to be reappointed
to the position. Game warden Steph-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
MODERN FOOD SUPPLANTS
HARDTACK ON THE
MEXICAN BORDER

The government has shown that
the army can be quickly modified
in any part of the country, fully arm
ed and equipped and supplied with
the proper food rations.
This is a strong contrast to the
conditions that existed when the
Spanish-American war broke out.
1t was frequently difficult to obtain
the supplies for a proper diet even
for the sick in the hospitals.
Wellington is reported to have said
that IAN army marched on its
stomach" Whether he said so or
not our army officials, appreciating
the sentiment, have for many years
been experimenting in the line of an
emergency ration" which should
be pure, wholesome, satisfying the
needs of nutrition, convenient and
portable.
AS a representative of this class
Of foods. Horlick's Matted Milk has
the front rank on account of it's con-
cenlrated nutrition, proved digesti-
bility portability and great convent
ence.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
SCHOOL BOARD
BUYS ANOTHER
SCHOOL SITE

Chairman Babcock and Clerk John
son were authorized at the meeting
of the school board Saturday evening
to close the option which the board
holds on certain property facing
Church street and abutting upon the
property upon which the present
high school building is located and
upon which it is proposed to erect a
school building.
The property is &C by 165 feet in
dimension and the price named in
the option is $4,000. AS the board
views it, the time is not far distant
when it will be needed for an addi-
tional school building and the pur-
chase is being made now as property
situated in that section is destined to
advance materially and rapidly.s The
purchase price will be included in
the next budget
In view of the expense that has
been made necessary this year in the
of an addition to the
present high school building, the
board decided not to grant the petit
tions for new school buildings at
East and North Salem. Next year,
however favorable action will prob
ably be taken and the buildings
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

tians have had great bearing on the
civilization of the present day, and
in this phase they are of peculiar In
terest.
Miss st. Denis is assisted by a
large company, there are elaborate
scenes for each dance, and a special
augmented orchestra is required ia
interpret the descriptive music writ
ten for the numbers by Walter Mey-
rowitz.
At the Grand Opera House, Tues
day, May 9. Prices $500, $3.50, $1.OO
75c and SOC.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
In the Wake of the Measles.

The little son of Mrs. o. B. Palmer,
Little Rock, Ark, had the measles.
The result was severe cough which
grew worse and was so severe he
could not sleep. She says: "One
bottle of Foley's Honey and Tar
Compound completely cured him and
he has never been bothered since"
Group, whooping cough, measles
cough, all yield to Foley's Honey and
Tar Compound. The genuine is in
the yellow package. Refuse any
substitute. Red Cross Pharmacy.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
DO NOT FAIL
To SEE The
SPENDTHRIFT
AT THE GRAND TONIGHT-IT is
A REAL PLAY OF THE REAL
LIFE OF TODAY PRESENTED BY
A STRONG COMPANY.

The high cost of living has been
taken up and discussed in a most in
teresting way by Porter Emerson
Browne in his great drama "The
Spendthrift," which comes here for
its long run at the Chicago Opera
House which followed a five months
engagement at the Hudson Theater,
New York. This subject of such
vital interest to practically every one
is given new twists and turns by Mr..
Browne and they strike him forcibly.
When the summer heat in New York
was near the boiling point, theater-
goers flocked to see this play It's
situations date to our very existence.
1t is real play of real life of today.
Grand Opera House, Monday, May
8. Prices $3.50, $1.OO, 75c, SOC.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
Saved the People of Salem BY
the Manufacture in This CITY
of Cement Sewer Pipe.

Less than one year ago, before the
manufacture of cement sewer plpe
was begun in Salem by the Salem
Sewer Pipe Co., salt glazed clay SIX
inch sewer pipe retailed to cOnsun
ers at 80 cents per foot, today is sold
at 22 cents. The reduction in price
is due entirely to the establishment
of the Salem Sewer Pipe Go. In &.
lem. 1t has been estimated that in
Salem in the next two years there
will be at least 1000 homes TO be con-
nected with sewers, with an average
of 100 feet per house, Now at The
saving of s cents per foot
$500 per hundred feet, would
make a saving of $4,000 to the peO'
pie of Salem, if they were gong 70
use the six-inch salt glazed clay pipe
but all the people are not going 70
do it. This is proven by the sales
made by the Salem Sewer Pipe Co.
who sell both clay and cement. TheI
sale sare more than ten of cement 10
one of clay. We solicit your pat
ronage. will save you still more mon
ey and will give you just as service,
able pipe, stronger and last longer
Salem factory; Salem men, and en-
ploy Salem labor at best wages
Your money is paid back to your
own citizens. We are glad to MAKE
tests for you at any time. Call ana
see our plant.
Salem Sewer Pipe Co..
se5 SOUTH LIBERTY STREET
PHONE IA.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
DIR. STONES
Drug Store

The only cash orug store in Oregon
owes no one, and no one owes it,
carries large stock; its shelves
counters and show cases are loaded
with drugs, medicines, notions, tot.
let articles, wines and liquors of all
ki1ds for medicinal purposes. DR.
Stone is regular graduate in medi.
cine and has had many years of ex-
perience in the practice. Consulta-
tons are free. Prescriptions are
free. and only regular price for med.
lcine. DR.. Stone can be found Al
his drug store, Salem, Or. from &
in the morning until at night.
Oregon.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

Mrs. ]. S. Starnes, Hickory, N c.,
seaks to those who have a similar
trouble. 'I have been bothered a
great deal with throat and lung
trouble, and find Foley's Honey and
Tar Compound gives me immediate
satisfaction and relief" Take Foley's
Honey and Tar Compound for coughs
colds and hoarseness, for children
and grown people, Accept no sub
stitutes. Red Cross Pharmacy.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

A lot of men of big pretense are
so narrow that the minute you open
their front door you are in the back
yard.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
NETHERSOLE
WEDNESDAY IN
A DOUBLE ROLE
SALEM PEOPLE WILL HAVE A
CHANCE TO SEE ONE OF THE
WORLDS MOST FAMOUS ACT.
RESSES WEDNESDAY NIGHT AT
THE GRAND.

A more than ordinarily interesting
event to thoughtful play-goers will
occur on Wednesday May 10, when
Olga Nethersole will present Maui
rice Maeterlinck's "Sister Beatrice"
at the Grand Opera House. 1t will
also mark the first occasion when
this play has been seen away from
New York.
Sister Beatrice" was perhaps the
most unqualified success of the new
theater during its first season. Edith
Wynne Matthieson created the role
in encomiums from the press 1t
will be highly interesting, therefore,
to see Nethersole's Interpretation, and
doubly so from the fact that Bern
hardt also includes the play in her
repertoire.
"Sister Beatrice" is a modern mir
acle play" in which love-called
nun leaves her duties in the convent
to follow her lover, The pitiful Vir-
gin assumes her robes and per-
forms her offices for years. When
the nun returns, sin-hardened and
sorrow-broken the Virgin steps back
on her pedestal and the sisters gath
er about Beatrice's death-bed, hail
ing her as saint. Both in concep-
tion and treatment it is highly poe
tic and impressive.
At the New Theater recently Miss
Nethersole gave Maeterlinck's MARY
Magdalen," and it was through the
connections thus established that
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

Try a Journal want ad.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08
Baked at Cold Steel.

"I wouldn't let a doctor cut my
foot off, said H. D. Ely, Bantam
Ohio, although a horrible ulcer has
been the plague of my life for four
years. Instead I used Bucklen's Arni-
ca Salve, and my foot was soon COM
pletely cured" Heals burns, boils
sores, bruises, Eczema Pimples
corns, surest pile cure, 25c at ]. c.
Perry's.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

enson is also a candidate for reap
pointment to his position, and his
chances Of securing it are understood
to be good
The members now comprising the
board, besides Mr.. Kell, are: C. K.
Cranston, of Pendleton; William L.
Finley, of Jennings Lodge. C. F.
Stone, of klamath Falls, and L. M.
Mckinney, of Portland.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

she was able to secure the rights to
Sister Beatrice" In connection
with this play, which does not fill
out an entire evening, she will also
offer Paul Hervieu's "The Enigma"
a two-act drama by one of the fore
most playwrights of modern France.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-08

The splendid work of Cbambs,.
lain's Stomach and Liver Tablets Il
daily coming to light. No such
grand remedy for liver and bova
troubles was ever known before
Thousands bless them for curing con.
stipation, sick headache biliOusnsss
jaundice and indigestion. Sold by all
dealers.