davidaulloa/AmericanStories huggingface dataset:
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Able Array of Counsel Appeared Before Judge Raymond
Today When Attorneys for Defendants Sought
to Have Indictments Quashed. .E
THREE REASONS in SUPPORT motion
Transactions on Saginaw, Michigan Note Were Made
Basis of the Remarks Pro and Con slj
f.,t By the Lawyers
By the Lawyers.

What promises to be one OF the
most bitterly contested legal battles
ever carried on in the Circuit Court
Of Marion county was started today
to clear the good names and save
from prison stripes J. R. Linn, for.
mer cashier of the Citizens Dollar
Savings bank. and L. G. Race, for.
merly member Of the big Smith
Race wholesale grocery company.
The battel started this forenoon on
motion Of the council for the defend.
ants to quash the indictments and
thus bring the criminal proceedings to
a summary conclusion and free the
men accused. Linn is indicted for
the embezzlement of sums aggregat-
ing $4,000 in three indictments and
for the fraudulent assignment OF a
nuber OF notes from the Citizens Dol.
lar Sayinegs bank to the Davis Trust
company of Elkins in four indictments.
Race Is indicted for aiding and abet.
ting Linn in the embezzlement Of
$50, 900.
"A strong array Of able counsel rep
resents the two defendants in thew
GUS suits growing out of the indict-
ments. W. S. Meredith and James
Meredith appeared for Linn. Attor.
neys Harry Shaw and Scott Lowe are
retained by Race. Prosecuting Attor.
ney Tusca Morris Is looking after the
interests Of the state. q
Shortly after court opened this
morning James Meredith and w. s.
Meredith moved to quash the seven
Indictments agaist Linn. The motion
as affecting the first four indictments
was argued first as these indictments
charge ;offenses distinct and different
from the latter three indictments
Z The first dictment against Linn.
a portion Of which was read in court
by Attorney Meredith charges the de:
fendant with feloniously and fraudu.
lently assigning o certain! note for
81, 500 TO the Davis Trust company.
This note according to the Indictment
was: made In Saginaw, Mich, by the
Central Warehouse company in favor
of the Henry Carr company. This
note had come into possession, Of the
Citizens Dollar Savings bank. ,Attor.
ney Meredith explained to the court
that the second, third and fourth In
'dictments charged the felonious and
fraudulent assignment Of similar wes!
tern notes to the. Davis Trust company,
the indictments being similar in word
ing except for the description of the
particular notes on which they are
based.
Mr.. Meredith gave three reasons
why he believed the four indictments
were improperly drawn and therefore
should be quashed by the court. He
stated that each OF the notes bore the.
signatures Of a corporation and also
an officer OF that corporation and that
the pronoun I'VE" was used In the
body OF the note making It joint
promise to pay. Despite this, Mr.
Meredith argued, the indictments re.
ferred TO the notes as individual notes.
Prosecuting Attorney Morris replied
that the notes were produced in full In
the Indictment and that every possible
means was employed to furnish in the
indictments all the information the
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Big Drink Of Booze
for Sewers Of City

Two barrels Of beer, 100 gallons OF
whiskey, scores of bottles of wines OF
various kinds and a quantity OF mock
beer were poured into the sewer at
Jefferson and Jackson streets yester.
day by Deputy Sheriff T. v. Buckley,
Constable Charles Satterfield and Con
stable Harry Connor. The liquor de-
stroyed had been contlscated from per.
sons convicted Of violating the Yost
Prohibition law during the last six
months, most Of the trials having been
held in the court of Justice Of the
Peace R. Leigh Fleming.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
defense had any reasonable right to

defense had any reasonable right to
expect. &
The second reason advanced by Mr..
Meredith for the quashing OF the IN.
.dictments was that the charges OF.
fraudulent and felonous assignment
were not specific enough considerins
the fact that the law under which the
indictments are drawnii Is OF recent en-.
actment and a number OF terms used
in the law hayelnot as yet been given
technical definitions by the courts.
Mr.. Norris answered that the Ian.
guage of the Indictment followed the
language Of the law and that no fur.
ther specification was necessary.
A third reason suggested by Mr..
Meredith for quashing the indictments
was because! they did not contain the
word "wilful." THIS objection apparent
:iy was not of sufficient Importance to
cause any argument.
By noon the argument on the first.
second, third and fourth indictments
against Linn had been completed.
Judge Raymond said that he would re
serve the decision until later In the
day. The attitude OF the court, how
ever, left. the Impression that probably
the indictments would be allowed to
stand.
AT noon the court adjourned until
: o'clock when the arguments regard.
ing the fifth. sixth and seventh In.
tdictments against Linn were started.
When the argument over the Linn IN.
,dictments has been completed. II Ii
expected that the arguments on the
Race indictments will be started.
= The motion by Attorney Charles
Powell and Kimball White to quash
the two larceny Indictments against
Joseph Mill, former stock broker In
Fairmont, Is scheduled fol. argument.
today but twill not be reached until
late this afternoon or tomorrow.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Chiffon is Honored
Blythe Democrat

WASHINGTON, D. c., Dec. D.
Senator Chiffon was today unanim.
ously elected vice chairman : OF the
democratic conference.
Senator Smith, of Georgia, nominal.
ed Senator Chiffon. and seconding
speechesJwere made by Senator o Cor.
man, Senator Johnson, OF Maine, Sen.
ator Williams. Of Mississippi, and vari.
Gus other senator's. The election was
made by acclamation with a unani.
Gus vote. and, contrary to custom.
Senator Chiffon was called up for a
speech. ~ NJ & Il
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
China, q i \ Going y
ToiGet Into Wal

PEKING,. Dec 2.-The Chinese gov.
ernment made formal denial tonight
that 1t had considered the possibility
Of Joining with the entente powers or
had been requested to do so. The state.
ment issued by the Foreign Office fol-
lows:
"The Chinese government has 3nev.
er considered the possibility OF aban.
doning neutrality and joining any
belligerents or group Of the belliger.
ents.
The Chinese government has not
received proposal to that effect from
or opened such negotiations with any
power or group of powers"
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02

;50OIstudents 10
Sort Holiday Mail.

PITTSBURGH, Dec. 2.-with Christ.
mas less than four weeks away, ar.
Srangements are being made by Post
master George, Mcneil to handle the
largest amount Of Yuletide mall mat
ter in the city's history. Notices were
sent yesterday to more than 500 stu.
dents at the Uniyersityof Pittsburgh,
and Carnegie institute Of Technology,
and other schools, asking them to work
during the rush holiday season.
About 400 students were employed
last year for the rush season., but
Mr.. Mcneil expects more mail matter
this year than last. The people 1t Is
stated. are! becoming! better acquainted
with the parcel post mode of delivery
and business, especially in this dis.
Itrict, has been much better than last
year 49,.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Festival Of Victory
Opens for Hebrews

The festival OF Hanukkah, one OF
the most joyous holidays in the He.
brew calendar. began yesterday and
will continue for eight days. The fes-
tival is also children's holiday.
In the homes Of Hebrews there will
be songs, accompanying the kindling
OF lights. while at the synagogues
psalms will be recited in addition to
the usual ritual.
The feast Is an old one and commem.
crates the victory Of the Macabees
over the Syrians.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
iWorthin Rid
Of Expensive Bridge

The bridge across the river at Wor-
thington is now back upon the county
courts hands. AT special election
yesterday at Worthington the entire
vote cast was solid for reducing the
corporate limits Of the town, SO as
TO exclude the bridge across the West
Fork River at that place. Only about
fifty votes were cast, many OF the citi.
zens not voting. BY reducing the limits
Of the town, the bridge is excluded and
the upkeep will fall upon the county
instead OF the corporation of Worthingi
ton 80 e7
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
BASKETBALL TONIGHT.

Tonight at the y. NJ. G. "A. the "Aus.
trains and French" English" and
Russians" Germans" and Turks
meet in the second battle of the Senior
basketball league. The games are de.
,veloping some fast players who will
have chance for the final Y. M. C. "A.
team.
The "Ausfrians" VS.. French" game
is scheduled for 7.30. English" VS..
Russians at S15. "Geransp VS..
Turks" at 8 o'clock.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Called to Bedside
of Brother Who Is I'll

Mrs. Jim Price leaves today for
Terri Haute, Ind, where she was call
ed by the illness OF her brother,
Smith Hayhurst. Mr.. Hayhurst recent.
ly underwent a serious operation and
his recovery is considered doubtful.
Another brother OF Mrs. Price died
recently as a result of an operation.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Jane Adams Not
AlarminglyIl
fBv Associated Press. i

CHICAGO. Dec. 2.-Although the
nature Of the illness OF Jane Addams,
head OF Hull house, who was taken
to hospital Tuesday, remains un-
determined, her condition is not alarm
ing, according to reports Of her physi-
clan today. &
Miss Addams is resting comfortably.
II will be several days before, 1t can
be determined whether an operation
Is. necessary.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Lodge Postpo'ne,s
Memorial Service

The memorial services scheduled
for today by the Fairmont Chapter,
Order OF the Eastern Star, have been
postponed until some time in January.
because OF the illness OF several OF the
officers at the present The regular
meeting will be held tonight In the
Masonic Temple at 7.30.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Two More Victims Of
German Submarine d nles t3

-. IBy5 Associated Press.l
Sc LONDON, Dec. 1.-TWO more Brit.
,ish steamers, the Colenzo and the
Orange Prince, have been sunk, pre-
Isumably by German submarines. &.
The Colenzo,s E432 tons, sailed from
Middlesbro October Is for Hull where
che arrived October al for Bombay.
The latest maritime records show
the Orange Prince. 2296 tons, was at
Liverpool October z.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
Musslemans' Tomb
Violated by British

fBy Associated Press.)
BERLIN, Dec. 2.-The following dis.
patch from Constantinople was given
out today by the Overseas News
Agency:
Reports from the Irak (Mesopata.
miami front state that British troops
which on November % entered the re-
glon of Cteslthon, killed six persons
who were engaged In service at the
mausoleum Of a Turkish saint. When
the Turks recaptured the position
three days later, the mutilated bodies
Of these persons were found near the
mausoleum.i A
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
CABLE RATES INcREAEsen

The Western Union Telegraph Com
pany announces that, commencing Dc
cember! 4 the British government viii
increase the telegraphic rate 6 cents
on cable letters and weekend letters
addressed to points in Great Britain
and Ireland, other than London and
Liverpool, which will make CORES
ponding increase in through cable let
ter service.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
ApplNeElr.oiPoPULArIoN a

The new local freight train that
the Monongahela has put on will
bring to sFairmont eight new families.
The men employed on this train will
have to live In Fairmont for the rea.
son that the train leaves here in the
morning and turning at Brownsville.
runs back to Fairmont and lays over
tere alllnigfit.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02

WILSON LINER AGROUND
LONDON, Dec. 2!-The Wilson lin
er, Marengo, from New York for Hull.
10 stranded on the Goodwin sand. Life
boats are proceeding to her assistance.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
colored Woma n Fined.

Daisy Shelton, colored. & OF Morgan.
town avenue, was taxed Sc. this morn.
ing in Mayors court for being drunk
and ydisorderly, last night. She pleaded
guilty to the charge and paid the fine.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-12-02
The Weather.

West Virginia and Western Penn.
sylvania-Fair5 tonight and Friday;
not much change in temperature.
Newark evening star and Newark advertiser., 1915-09-09
OFFICERS THE CRYING NEED.

Mayor Mitchell, of New York, back at his desk
after a months tour of duty in the citizens military
training camp at Platsburg is careful not to exag
gerate the value of such enterprises The lesson for
him. and no doubt for every of his 1900 fellow
rockies" is that few weeks in camp cannot make
soldier, much less an officer 1t merely furnishes
would be badly needed in volunteer army. The
mayor says: mo one claims that any of us by virtue
of these four weeks of instruction alone is now
competent to command troops. On the contrary, we
appreciate how little competent we are"
To officer properly the million and quarter vol
unteers that would probably be called for in of
sudden need-and modern warfare is always sudden,
with the aggressor well prepared-would require
some 40, 900 officers and writer In the Review of
Reviews points that the of supply for such
officers limited. Retired military men who
are still young enough to serve will furnish some,
though not many. Those who have qualified through
examinations and whose names listed by the war
department form another source, also limited. The
military schools of high standing supply num-
Der. Then there the agricultural and mechanical
colleges which under the Morrill, land grant act OF
1852 receive government aid condition that they
provide military courses But the military instruction
in these institutions variable in amount and quality
It needs to be standardized. When this Is done
large number of officers may be obtained from them.
All these sources, properly regulated by the gov
ernment and under control of the war department.
will assure regular annual supply of volunteer Off
But congressional action is needed, and 1t Is
hoped this will be forthcoming result of the in
creasng interest in the subject of national defense
Newark evening star and Newark advertiser., 1915-09-09
THE CZAR.

The announcement that the car of Russia Is
esting to the pro-allies newspapers of the United
States and England For months past they have
landing to the skies the wonderful strategy that
the Grand Duke Nicholas has shown in the field.
Nicholas has lost only about 100000 men and
10000 square miles of Russian territory to the
Austro-German armies since the retreat from Galicia
and the anti-German newspapers declare this was
evidence of the great generaship the part of the
grand duke.
Despite the praises heaped on the grand duke
for his Fabian policy against the Teutons the czar
apparently believes his beloved cousin has made
botch of the job. No other construction can be
placed the ezar's action in consigning the grand
duke to the minor leagues" so to speak. He goes
back to the bushes" where he be used for fight
ing against the handful of Turks that seem to have
things much their way in the Caucasus
1t will be intensely interesting to watch the czar's
lnstl courage into the shattered Russian armies.
II he can do this he will be a wonder The czar has
been shot at by his troops during times peace
It will be a really grand spectacle to see him
riding into action with thousands of with guns
in their hands back of him It will be even more
edifying to him of the first action with
a whole skin.
No Russian, however, supposes that the czar
really means take personal command of his
armies. He has displayed the slightest indica
tion of military ability The best that be
pected is that he will his civic and religious
positions with the people in effort to stay the tide
of victory, which is carrying the Austrians and Ger
toward the Russian capital.
Newark evening star and Newark advertiser., 1915-09-09
NEW YoRK's OBSERVATION-DISCLOSURES.

Having completed the draft of the proposed new
organic law for the State of New York, the constitu
ona convention has only to determine whether the
instrument shall be submitted the voters in bulk
by sections In all 722 amendments were proposed
brought out discussion than any other single
topic before the revisers Under the amendment as
adopted the legislature may give New York city the
right to frame its charter every eight years and
submit it to the people for approval Abolition of the
county courts within the metropolitan is another
important provision. sop to upstate interests is
found In the clause designed to prevent the group of
counties constituting New York city from ever having
a majority in the Senate
By the so-called short ballot provision it is meant
that only four state officials, governor lieutenant
governor, comptroller and attorneygeneral will be
chosen at the polls. The secretary of state state
treasurer and state engineer elected will be
pointed by the governor. Administrative heads of
state departments will be reduced from 1872 to IA
A budget for the support of the state government
must be framed by the governor and presented to
the legislature not later than February l. 1t must
embody itemized statement of the expenditures
deemed necessary, with a survey of the estimated
revenues for the coming year. and measures of taxa
on to raise the money. Until the budget has been
acted upon the legislature is prohibited from consid
erng bills making special appropriations for the
benefit of localities The salary of the governor is
made $40 0OO double the present figure, and that of
the legislators $4,000.
Such are the most str ing features of pro-
posed constitution longer than the present one,
which is itself three times bulky the Constitu
tion OF the United States. The grave question now
arises What proportion of the electorate will take
trouble necessary for careful study Of the nsru
ment and Intelligent Judgment of its merits, in the
few weeks remaining before they called to pass
upon 1t at the polls?
Newark evening star and Newark advertiser., 1915-09-09
BELGIuMs CONTINUED NEEDS.

Although American charity has sent $50, 900
In money, food and clothing to the suffering Belgans
since the began its task looms as large ever
In the occupied there 100000 mouths into
which nothing enters what is provided by this
country Just what 1t will be necessary for Amer-
to do during the coming winter will not be known
for several weeks yet. Much depends on the Belgian
harvest 1t is certain however that for the present
so 900 900 tons of food have to be furnished every
month and 900 people fed who have money
pay for provisions. This at least So 900 900
a month, and the relief commissions funds cannot
last much longer without substantial repenishment.
The entire Belgian crop is taken by the commits
sion, which is recognized by all the belligerent
nations the medium to supply food to non-com-
baants and have agreed not to moes It's shipments.
The Belgians about 100000 in number, who are
able to pay for food must buy their supplies from the
commission and limited in their purchases to
the ration allotted to those subsisng charity
about ten of bread and dried beans and rice
and prunes and other basic foods day This is one
third of soldiers ration, onefourth of what the
average American eats.
Newark evening star and Newark advertiser., 1915-09-09

was mistaken. | came down with
the fever and how | ever recovered
from 1t l don't know.
1T became necessary thoroughly to
disinfect the ship after the scourge
had been conquered, and the Navy
Department was advised that the
best way to do that was to send the
jamestown to the cold, climate Of
Alaska. We sailed for Sitka with
what remained of the crew who had
recovered from the scourge and we
arrived there about the time that the
official representatives of the United
States and Russia met in that little
capital of Alaska. | was invited to
witness the ceremony of the transfer
of the sovereignty.
1T was very simple affair. The
two or three representatives of the
United States exchanged visits with
the two or three representatives of
Russia. Then the little battalions of
soldiers from each nation marched
to the parade ground of a very crude
Russian fort and then the Russian
flag was hauled down and the Ameri-
can flag raised, while simultaneously
the soldiers of each nation saluted
the flag. A few words were spoken
by the Russian officers and a few by
the officer who represented the United
States, and that was all there was to
1T. Russia had by that act formally
yielded her sovereignty over what
used to be called Russian America
to the United States. Nobody
dreamed then how soon the wealth
that was in the peninsula would be
recognized by the world"
Copyright, 1915, by e. ]. Edwards
All rights reserved.
Newark evening star and Newark advertiser., 1915-09-09

"Well, we think they're bad enough
in Chicago, but they are certainly
worse in New York"
The speaker, presumably lady
from the Windy City, was sitting next
to me on a New York street car, ana
thus relieved her feelings on receiV-
ing a not over gracious reply from
the hurried, perspiring conductor IN
response to an inquiry.
There is much to be said in excuse
for any lapse from politeness of our
constantly rushed and hardworked
metropolitan car conductors. They
are in the main kind-hearted and
willing to help, as any one can tel
who has seen them time and again
rush to the assistance OF old people
and women with small children get
ting on and off the cars. The strain
of constant crowding and a good deal
of rather foolish questioning on the
part of some passengers are wearing
on che nerves and temper and often
result in an outburst of rudeness to-
ward a perfectly guiltless stranger, as
in the present instance.
But when everything possible has
been said in extenuation, we must ad-
NIT that the manners of our public
servants and officials, our public man
ners in general, have the unfortunate
distinction of being the rudest of any
people in the civilized world.
If good manners were generally prac-
ticed among us, in our homes, In our
schools, IN hotels and theaters, in the
shops, on the streets, everywhere, all
would fall In line. Politeness would
be the rule, not the exception.
1t would be in the atmosphere, and
our street car conductors could no
more help being Influenced by it than
our railroad officials, our shop girls,
our schoolboys and schoolgirls. Every
body would catch the contagion of
good manners.