davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
MOVE DISCHARGE.
Action Of Packers At
torneys in Chicago I rial.
Ground That Government Has
Failed to Prove OtienseS.
Discussion Occupies Entire Morn.
ing..The Arguments.

Chicago, March Tinted States
District Judge George A. Carpenter
was asked today, to take the pack
ers' case from the jury and discharge
the 10 defendants accused of criminal
violation of the Sherman law on the
ground that the government had fail
ed to prove the offenses described in
the Indictment.
The motion was made at the open
ing of court in behalf of j. ogden Ar
mour, Arthur Meeker. Thomas ]. Con-
nors, Louis F. Swift, Edward F.
Swift. Charles H. Swift, Francis A
Fowler Edward Morris. Louis H.
Heyman and Edward Tilden by At
torney John s. Miller.
The entire morning was occupied by
the argument of Attorney Miller in
support of the motion and he was fol-
lowed by Attorney Levy Mayer.
argument of counsel for the de-
fence on the motion will be continued,
tomorrow, and District Attorney
James H. Wilkerson will close for the
government. 1t is expected that the
arguments will be concluded. Satur-
day. and that Judge Carpenter viii
give his decision on the motion, next
Monday.
AT the opening of court John S.
Miller asked Judge Carpenter to take
the case from the jury and discharge
the packers on the ground that the
government had, in the opinion of the
defence, failed to prove the charges
described in the Indictment beyond a
reasonable doubt as required by law.
The jury was excused during the
argument.
Attorney Levy Mayer, who followed
Attorney Miller, said in part:
Remove the evidence of the Veeder
beef pool meetings held prior to 1902
and the only thing in the record of
this case which the government might
possibly contend applies to the charges
in the indictment is the testimony in
regard to the use of the test cost sys-
TEN used by the defendants.
I'VE do not concede that this test
cost system was uniform, but even
if it was it is not criminal act or
violation of the Sherman law These
defendants and their business have
been the butt of political Socialstic
and communistic attack, for years.
Suppose for arguments sake they
were engaged in the dry goods bust
ness and found it necessary to use the
test cost system, would the court say
that the government has proved they
are guilty of conspiracy in restraint
of trade? You would not. You could
not on the evidence presented.
Remove all suspicion, cut out all
theory. eliminate all guess work and
there is nothing left of the govern
ment case.
Intent is a necessary ingredient of
this charge and no testimony has
been produced to show that these men
purposely and consciously combined
in violation of the Sherman law"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Application Of WiCkersham
In U. S. N. Co. Case.
Brings Question Of Validity Be.
fore Highest Court.
Course Decided After Lengthy Con.
ference al Washington.

Washington. March Attorney
General Wickersham will appear TO
the supreme court of the United
States from the decision by Circuit
Judge Putnam at Boston, throwing
out of court four Of the five counts
in the indictments against the Unit
ed Shoe Machinery Co, charging vio-
lation Of the Sherman antitrust law.
He will apply for Il writ of error, thus
bringing the question of the validity
of the dismissed counts before the
highest court.
The governments course was de-
cided upon at a lengthy conference
here, today. participated in by MIR
Wickersham. Mr. Fowler, assistant tt
the attorney general, Mr. Gregg. spe-
cial assistant to the attorney general
and United States District Attorney
French of Boston.
In throwing out the four counts
Judge Putnam sustained the com
pany's demurrer to charges of con
spiracy to monopolize and restrain
trade.
District Attorney French will re.
main in Washington, until tomorrow
presumably to assist in preparing th'
case for the supreme court.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Stripped Of Clause Invading Constitu'
tiona| Power Of rs to g.
Cong. Dies Assai|s Roosevelt, Bryan
And Berger--MCCa|| Report.
DIES AGAIN EXPLODES.

Washington. March Tx Presi-
dent Roosevelt, Vim. J. Bryan and
Representative Victor Berger of Wis
consin, Socialist, We're branded in n
speech in the House, today. by Repre-
sentative Dies of Texas, Democrat, as
being among the foremost enemies of
free government in America, today
Mr. Dies insisted that both Mr.. Roose-
Welt and Mr.. Bryan were Socialists and
he coupled their names with those of
Mr. Berger and the Mcnamara broth
er.
Berger is over there" said Mr.. Dies.
pointing dramatically in the direction
of the House office building, where the
Lawrence, Mass, strike inquiry was
proceeding, "preening himself as the
great friend of labor II is high time
that the country should know just
what Mr.. Berger stands for. l am not
now appealing to any district or to
any party but to my colleagues here
to recognize the peril of Socialism.
The legislative activities of the Wis
consin Socialist member then were re-
viewed by Mr.. Dies. These, he said
included among other things, abolition
of the veto power of the President ana
both the supreme court and the Senate
and two measures which, Mr.. Dies
charged were intended Ito save from
the clutches of the law the Mcnamara
brothers and others who afterward
might find themselves similarly in the
tolls of the law"
space forbids me TO describe all
the, Berger bills" said Mr.. Dies, but
as illustrating the Socialistic inter-
probation of the doctrine of equal
rights to all and special privileges to
none. when applied to the Socialist in
Continued on Page SeVen.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
PASSING OF TREATIES.

Washington. March stripped of
the clause, which it was contended
would invade the constitutional
treaty making power of the Senate
and with many other limitations add
ed, the general arbitration treaties be-
tween the United States and England
and France. proposed by President
Taft and Secretary Knox as forerun-
ners of universal peace. were ratified
by the Senate, today, by a vote of 76
to 3. The senators who voted against
the ratification Were Lorimer, MARITIME
and Reed. The latter two are Demo-
Gratis.
President Taft before leaving, to-
night for his speaking trip to Toledo
and Chicago. did not comment upon
the Sepates action. 1t is known he
had hoped To see the treaties passed
unamended. He had said publicly,
however, that certain amendments
would not he Objectionable.
Virtually. the treaties, by the Sem
ate's action. are up in the air In
their modified form they must be re-
ferred to England and France.
BY the terms OF an amendment pro-
posed by Senator Bacon of Georgia,
the Senate consented to the ratifiea-
ton of the treaties with the distinct
provision hat they do not authorize
the submission to arbitration of any
question which affects the admission
of aliens into the United States or the
admission of aliens TO the educational
institutions Of the several states, or
the territorial integrity of the several
states, or of the United states, or con-
cerring the question of the alleged in
debtedness or manied obligation of any
state of the United States, or any
CONTINUED on Page Twelve.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Rice Issues Statement.

After pleading guilty. Rice issued
statement In which he said:
Il pleaded guilty only when all my re-
sources and those of my friends had
been exhausted. I was up, against 1t. By
going on with the case to its conclusion.
next summer. / would also have leopard
lied the interests of my four co-defend-
ants, all of whom now go free"
Much of the evidence adduced by the
government during the trial was aimed
at showing that the Scheftels did not
conduct legitimate brokerage business.
but bucket shop, and that the de-
PENDANTS sought to create a market for
certain stocks of which they held large
blocks under option, and sought to sell
these stocks to their customers at in
flated market prices with a secret profit
to themselves. United States District
Attorney Henry a Wise, in explaining,
tonight, that this case was the first OF
it's kind instituted under the federal stat
ute, said:
1.-THE case has been regarded by the
government as a test case and one of far
reaching Importance in that respect. Its
successful termination has established
the criminal responsibility of brokers for
practices which 1t had been commonly
supposed would expose them at the most
to civil liabilities. The prosecution, am
informed, has already had considerable
effect in this community. The resulting
conviction should have still further
effect"
Offices of the Scheftels firm in New
York, Chicago, Boston, Denver and other
large cities were raided simultaneously
on Sept. 20, 1910.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
A COMMISSION
To Interpret the Sherman
Antitrust Law.
Proposal in Resolution Outlined
Before Natl Civic Federation.
=
A Bill Will Be Drafted and Present.
ed to Congress.

Washington, March IA commits
sion to interpret the Sherman anti
trust law, similar to the Interstate
Commerce Commission, was proposed
IN a resolution outlined, today, before
the National Civic Federation, by its
presi lent. Seth Low, at the closing ses-
sion uf the annual convention.
\ bill which will be drafted and
presented TO Congress, would give to
the proposed commission power to in
quire into a combination or proposed
commission. or pass upon it's legality,
but grant the right of appeal to the
courts as under the Interstate Com
merce act.
Reforms in legal procedure were ad-
vocated by Everitt P. Wheeler, chair
man of the American Bar Association,
Ralph w. Breckenridge. chairman of
the Federation'S committee on legal
reform, and owen Miller of Missouri,
a representative of organized labor.
"Nine-tenths of the law cases, to-
day, are decided by technical dust
thrown into the eyes of the court y
said Nh. Miller. He cited cases which
were decided on trivial technical
points, including the escape from a
penitentiary of a convicted man on ac-
count of the mis-spelling of his name
in an Indictment.
Talcott Williams, secretary of the
department for the regulation of cor
porations. defended the Sherman anti
trust law as just and workable. sup
Elemental legislation was necessary
he said. ''to make the law cover each
particular case brought under it,
The woman's department was adj
dressed by Mrs. John Hays Hammond,
Mrs. Robert S. Chew, Mrs. Medill Nc
Cormick, Mrs. Francis Mcneil Bacon,
Jr., Mrs Robert Wainwright, and
Miss Wetmore, daughter of Senator
Wetmore of Rhode Island.
The present officers of the federation
were reelected.
The National Association of state
!! Boards of Cancellation and arbitration,
at it's annual meeting, today, in con-
nection with the Civic Federation,
elected the following officers;
President, Frederick Bogue. Ma
chias. Me; vice president. w. G.. Ash
ton. Oklahoma City. and secretary
treasurer, William C. Rogers, Albany.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
MORE SOLDIERS NEEDED TO
KEEP UP GUARD IN CHINA.
Representative Decide to Continue Force
Along Railway==Relief Sadly Needed by
Destitute ThOusands==A Banking
Syndicate Supplying Funds.

Pekin. March THE diplomatic
representatives of the foreign powers
conferred, today, and decided to con-
tinue the guards along the railway to
Chin Wang Tao. although the river is
now open from Tien Tsin to the sea.
additional soldiers will be necessary
as the effect of the present guard *
only moral. Major Arrasmith, in COM
mand of the American troops from
Manila has only 40 men left at Tien
Tsin and is anxious for at least 200 of
his troops who are now at Pekin to
return. Mr.. Calhoun hopes to be able
to get a detachment of 100 or 200 ma
rines from the cruiser Cincinnati, ana
1t would then be possible for the in
fantrymep to proceed to Tien Tsin.
The possibility is widely discussed
of the Manchus taking over the city
and proclaiming a monarchy again.
The Chinese papers print this sugges-
ton but as no Manchu leader has been
forthcoming in the past six months, it
seems hardly probable that one can be
found! now. Should dictator arise he
would find the nucleus of an army in
the 10000 or 10000 Manchu troops who
are now the most concrete force re-
manning in the Northern province. In
Shen ST. General Hong Yuan, governor
of the province, whose family was
slaughtered earlier in the rebellion is
still fighting in the emperor's name,
1t is reported he has 10000 followers.
He controls the situation in a large
part of Shen ST, and Shan ST.
The killing of many whose quequcs
had been cut off. the attack on the
Marking delegates at the first out
break and the desertion of Yuan Shi
Kai by his soldiers all indicate the re-
dictionary feeling. Furthermore the
Republican flags which for a time
decorated every house in Pekin by or
der of the police are now displayed
only on the government buildings, al
though the dragon flag has not reap
peared.
Consular reports say that Chao Erh
Hsun, the viceroy of Manchuria, whose
brother, General Chao Erh Feng, was
killed by Republicans in Szechine
province, does not favor republic and
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08

hoisted the five striped flag reluctant
ly. 1t is reported that Yuan Shi ka1
has only 1900 soldiers whom he can
count upon as loyal. The work of bar
Reading the streets about the foreign
office where the president ELECT is still
residing was begun but later the bar
ricades were demolished. NeVerthe-
less sand bags are kept in readiness
for defensive purposes. Reports from
Pao Ting Flu say that additional for
eign property has been destroyed in
towns to the south.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Police Believe GraCeS Had
Financial TrOuble==ViCtim
Appears to Gain Strength.

left her by her former husband has
been spent and that she has mort
gagged her property.
Advices from Philadelphia quote her
mother as saying that she has letters
from Grace in which he threatens his
wife unless she gives him money
Mrs. Grace, who is out on $500
bail, is under constant guard by Of
ticers employed by her bondsmen. She
is not permitted to remain over night
in the home where her husband was
shot She contends that she is inno-
cent and wishes to nurse her husband
CONTINUED on Page Seyen.l
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08

Atlanta, Ga, March In search
ing for a possible motive for trouble
between Eugene p. Grace. the builder,
found in bed with bullet in his side
and his wife, who is under a charge
# attempting to kill, the police have
hit upon the theory that the GraceI
eeently had financial trouble.
Mrs. Grace last Saturday, gave her
husband power of attorney with con-
rol over her property in Philadelphia
md, say the police, she feared that in
his contemplated trip to the eastern
itv he would dispose of some of it.
1t is declared that much of the money
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08

The New York Produce Exchange has
launched a campaign through which ii
hopes to stir the state department into
Immediate action to prevent the enact
ment of the proposed reciprocal trade
agreement between Canada and the Brit
ish West Indies. Flour is the chief com
modify in which the Produce Exchange
is interested, and the proposed agrea-
ment. it is said, provides for admitting
Canadian -four into the West Indies al
preference of "a cents a barrel Such
a step, it is declared, would raise bar.
rier which the American miller could
not surmount.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Conditions and General Forecast.

Washington, March 7.-Unsettlad
weather with local SHOWS and raips con-
tinued over the east portion of the coun-
try, with falling pressure and consider
ably higher temperature.
With the prevailing low pressure over
the Southwest and high pressure over
the Northwest, and unsettled conditions
to the eastward, prospects of settled
weather over the eastern half of the
country are still comparatively remote.
and SHOWS and rains may be expected
during the next two days, reaching the
Atlantic coast by Friday night. 1t Will
be colder. Saturday and Sunday night.
in the Atlantic states.
The winds along the New England
coast will be moderate north; middle At
lantic coast, light to moderate variable.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Peary Pleased by Renort.

Washington, March Rear Admit
Tai Robert f. Peary, L. S. A.. retired.
the Arctic explorer and discoverer of
the North Pole, today said he was very
glad 10 hear that Captain Scott of the
British expedition WAS the first man
CONTINUED on Page Twelve.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Rice and SheftelS Plead
Guilty, Bringing Long Trial
To End in New York Court.

being kept here months at a time
without adequate recompense- New
rules as to evidence came up, and new
precedents were made. Rice, in jan
uary, discharged all of his attorneys
and conducted his own defence.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Capt. Amundsen Failed.

London, March 1T is stated on
good authority, according to a special
dispatch received here, this evening,
from Christiania, Norway, that Capt.
ROAD Amundsen, the Norwegian ex-
piorer and leading rival of Captain
Scott, did not reach the South Pole.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
TAFT CAN'T COME.
Letter in Answer to Invitation from
Portland Board of Trade.

Portland, Me. March president
Taft will be unable to accept the in
vitation of the Portland Board OF
Trade to visit this city during his trip
to New Hampshire, on March is, for
the reason that he has matters In
Washington which will make it nee
essary for him to return by March 1a
A letter to this effect was received
today.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
MESSAGE at London,

London. March THE first messag e
with the definite statement from
Arnundsen that Scott had reached the
South Pole, was received from Well
ingtor, n. L.. by the Daily Express.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Syndicate Supplying Money.

Shanghai, China, March IA banking
syndicate representing the four powers
the United States, Great Britain, Ger
many and France-today, paid over l.
100000 taels approximately s700,000) 10
the provisional government of China. II
is expected that within a week from now
100000 taels Approximately $4,000, 000)
will be handed over at Marking and
Pelkin.
1t is estimated that the Chinese gov
eminent will require s35,OOO,0O0 monthly
for six months and the syndicate is ar
ranging to supply this amount. The loan
contract will be drafted subsequently.
Cable of Thanks.
President Taft, today, received the fol
lowing cablegram from DR.. Sun Vat Ser
at Marking:
Continued on Page Four.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
<uss
British Explorer Has
|. WON the Race.
Declaration Of Amundsen,
/ Norwegian Opponent. ).
Start Made in 1910 with 60
b Men and Huge Outfit.
Planned 10 Follow ShackIeion's
g. :. TraiI--Men in Race.
Five Nations Represented and Keen
nss- est Interest Manifested.

Wellington, n. T., March Captain
Rcald AElundsen. the Norwegian ex-
plorer, states that Captain Scott, the
British explorer, reached the South
Pole.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
THE WEATHER.
GEN ERALlY FAIR.

Washington, March 7.-Forecast for
New England: Generally fair. Friday
Saturday, snow in nortn, snow or rain in
south portion; moderate north winds.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08
Boston Forecast.

Boston, March 7,-Forecast: Fridav,
generally fair. Saturday, probably snow
or rain; not much change in tempera-
ture; light moderate variable winds.
Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1912-02-22

ABs on RIVERS EDGE
Esstbound Limited Jumps Track A.
Warriors Ridge, and Nine q the
Elevsn Cars Roll Down An
Embankmest.

Huntingdon, Pa. Three persons
rwere killed and 81 were injured when
the Pennsylvania Limited No. 2, east.
pound. jumped the track At Warriors
Ridge. = short distance west Of this
place, and nine Of the eleven cars
rolled down an embankment to the
edge Of the Juniata River.
Warrior Ridge, where the accident
occurred, ID located In the beautiful
Juniata Valley and It ID along the
Juniata River that the Pennsylvania
Railroad tracks wind The train. con-
sisting Of 10 passenger cars and q
postal coach, left Altoona, 80 miles
west Of the scene Of the accident, more
than an hour late. At the time OF the
disaster, 1t is said, the limited was
going at the rate OF 30 miles an hour.
AS the heavy train, which was drawn
by two locomotives, neared Warriors
Ridge, the equalization bar on the sec
0nd locomotive dropped to the rails.
This bar is over the trailer wheel and
holds up the spxing OF the locomotive.
The first car passed over the OBJ
struction, but nine succeeding cars
jumped the tracks and dropped down
the embankment to the brink of the
Juniata. The observation car remain
ed on the rails. As the ponderous steel
cars with their human freight dashed
down the bank the telegraph poles
were snapped on like pipe stems.
The groans Of the injured who were
pinned within the steel cars were pitt
full. Az quickly as possible the relief
party released the most seriously in
jured and hurried them to a local hos
pital.
All of those killed were In the first
dining car. Harry A. Mass and Mrs.
]. q. Tavenner, two of the killed, were
dining at the time the train was de-
rallied. The awful impact threw them
into the forward end Of the diner and
they were crushed to death. or the
81 persons injured, 81 were given at
tention in the local hospital while the
remaining 16, who sustained minor in
juries. were looked after by the vol
unteer physicians.