MINE OWNERS' SIDE.=
1
Statement Filed With Coal Strike
Commission
t
STATEMENT OF LEHIGH COMPANY. J
e
Report Says Miners Have the Best of t
Homes. Pianos and Organs, and All r
g
the Comfort5 of Life.
o
b
Philadelphia. Special.?The state- n
tnent of.the Lehigh Coal and Naviga. s
tlon Company, submitted to the Anth'-acite
Coal Strike Commission now a
in session at Scranton, Pa., in answer a
to the demands of the miners, was ^
made public here Sunday. The answer n
recites the developments of the company
from the date of its charter in
, 1322, refers to the expense of operation 0
and to the comparatively small profits, w
aac declares the demand of the em- 0
ployes for an increase of 2 per cent, ir,
unjustifiable, the reason given in sup- c
pott of the demand not being founded t
on fact. Accompanying the statement n
came two exhibits. One shows the F
earnings of the employes of the com- r
? pany for one year based on the time IC
worked during 1901, the number of the ti
sevrral classes of workmen, and the c
rates paid according to the pay roll w
for the first half of 1902. The other is ^
a catalogue of overt acts charged to
the striking employes of the company
during the recent contest, the riots, assaults
and disturbances of various ^
kinus, benig numbered at upwards of
dO. The answer says:
"The Lehigh Coal and Navigation
Company is the oldest corporation en- l<
gaged in the mining of coal in the an- u
thracite region. It was chartered in
1822. and was the successor of the Le- a
high Coal Mine Company, which was f<
organized in 1793. It also acquirred t,
certain rights on the Lehigh river '
which were granted in 1818. L:
*It owns and controls about 14,000 i;
acres of coal land in Carbon and t!
Schuylkill counties, which are esti
mated to contain over 500,0(10,000 tons ~
of available unmined coal. Its employes
numbered about 6,000 and its il
capacity of production is over 200,000 w
tons a month. Its capital stock and
funded debt amounted to upward of
$32,000,000. All of its capital stock and a
bends were issued for full value, but s;
although its more important coal lands p
were purchased at a time when the
country was a wilderness, and all its *
lands have been acquired at moderate tl
1 nnnn ita fanltal ri
IUC Utnucuuu ut>vu M
stock to date only averaged 4.02 per m,
cent. The profit on coal mined by the si
company during the 10 years ending
December 31, 1901. has averaged ll.Ot# &
cents per ton, after charging off taxes cl
on coal lands and depreciation, Dut not p
Including any charge for royality, sj
which represents the value of the coal p
In the ground. Nor were the rates of n
freight upon the railroad exorbitant, as a
is sho wn by the fact that the company ir
operated its own canal, but found it a
advantageous to send the coal to mar- e.
ket over the railroad, rather than by tl
the canal." a
Referring to the claim of the miners 0
that better \vage3 are paid in the bi- s!
tuminous fields for substantially simi- r<
lar work, the answer states: p
"Th:s company does not know what tl
rate of wages is paid in the bituminous ei
coal fields throughout the country, but ai
** 1 " <*> ar\v finIHa ailhstan- I {'
tnere ,s quwuuc m au.
tially similar work to that which is
done under contract in the mines of S
this company. It is a fact, however, ft
that miners of ordinary skill and ex- "
perience have always been able to go n
from the mines of this company to any tl
other mining region throughout the p
country and obtain employment. o
"In 3901, for a day of 10 hours, con- tl
tract miners earned an average of 53.14 n
per day; skilled laborers $2.31; un- a,
skilled 'aborers $1.93; boys $1 for work e
under ground. The rates for outside g
laborer averaged as follows: Skilled la- fi
bor $1.96; unskilled labor $1.23; boys e
77 cents. The average annual earnings a
of adults were $475.25." Denial Is p
made cf the claim of the miners that tl
their earnings are insufficient to maintain
the American standard of living. V
"Out of 3,043 families. 870 own their n
own he uses. Pianos will be found in o
346 and house organs in 337. The company
owns and rents to its employes
671 houses at an average rental of
$4 .75 a month. The character of these
homes is fully above the average In t<
any part of the country occupied by y
any other class of workmen. It has v
been the policy of the company to sell c
surface with the dwellings is now own- ^
- e x V ^ 2
*d and occupied by employes 01 me
company. The families of the employes c
have ample school accommodations,
with capable teachers and over 3.000 children
in attendance, while over 75
per cent, of the whole fund expended
in the region is derived from taxes
paid by this company on Its coal
estate. ,
"Some of the foreigners prefer to
live in ti very niggardly and squalid a
manner so that they may accumulate o
the larger part of tneir earnings and o
return to Europe to live In idleness, c
but those who have their permanent
home in the region have at least $1.- y
000,000. on deposit in banks and saving jfunds
in the vicinity, saved from the
wages earning in thp emnlovment of e
this company. The annual remittances t
* to their familites and friends abroad. Q
through agencies in the region and ^
vicinity, amounted to $150,000 or more, j
' In 1884 the company established a u
beneflcia fund, to which it hps contri- q
buted the sum of $196,889 and the em- ,
ployes $154,768."
More Boodlers to Bo Tried.
St. Louis, Special.?Circuit Attorney
Folk, who has returned from Columbia,
Mo., where he prosecuted the case
against Col. Ed Butler, who was con- t
icted of attempting bribery, is pre- 1
i paring for the trial of other alleged i
fI boodlers next week. The cases against i
-Chas. A. Guttke, T. E. Albright .Adolph S
Madeira, Chas J. Denny. Emil Hart- 1
mann. John A. Sheridan and Julias r
Lehman, former delegates, on the I
charge of bribery in connection with t
the fuburban street railway franchise t
ileal, are flocked for trial. t
THE OPERATORS OPPOSE
rhe Recognition of the Union in the
Coal 5trike Adjustment.
Washington, Special.?That the anhracite
coal mine owners will resist
o the utmost every effort to make the
ecognition of the United Mine Work- j
rs of America an issue in the arbiration
which is now in progress is
nade evident by the replies to the '
tatement of President John Mitchell
f the miners' organization, which
ave been filed with the strike comaissicn.
There are five of these anwers
in addition to that of President
laer, which was given out Tuesday, ^
nd all dwell with especial emphasis .
nd marked unanimity on this point. ,
'hey also agree in resisting the de- j
aands of the miners for an increase ?
f wages for piece work, a reduction j
f hours for time work and for the t
reighing rather than the measurement t
f coal. 1
Recorder Wright left for the anthra- 1
ite regions, taking those replies with ^
im. In addition to the statement >
lade for the Reading Company by ?
'resident Baer the list comprises the i
eplles of the Delaware & Hudson 1
ompany, the Delaware &. Lackawanna, (
he Lohlgh Valley and the Scranton t
oal Company. The reply for the Dela- I
are & Lackawanna Company, signed (
y W. H. Truesdale, says: ,
"This company unequivocally asserts ?
hat it will under no condition recog- 1
ize or enter into any agreement with
C
tie association known as the United ^
line Workers of America. Nor will it 1
ermit said association or its officers t
3 dictate the terms and conditions c
ni'.cr which it shall conduct its busi- v
ess." Mr. Truesdale sa>s they will t
dopt a uniform rate to pay the miner 2
)r unit coal mined at all mines. On s
le point of general prosperity, he ^
.ys: "Prior to the introduction of ag- c
-tors and mischief-makers, the an- ?
iracite workers were on an average v
s prosperous, comfortable and con- t
mtcd as any bcjdy of workers in sim- j
ar employment in this country." The I
ages, it is added, are such that frugal *
mploycs have saved a substantial ?
mount every year. Mr. Truesdaye re- (
ists the demand for a reduction of 20 c
er cent,in hours of labor, saying that *
0 branch of business employing
:ousands of men can hope to compete
uccessfully in the markets of the
orld if its hours of labor are re- s
tricted. u
President Olyphant, of the Delaware r
Hudson Company, in his reply, de- ^
lares that the wages paid by his com- a
ontr era inof onrl orlonu atfi T-I a a 1 ar*
"UJ "* ^ c
3ys that "those of its employes who t
erform contract or piece work, as a t
latter of their own volition work only
bout six hours a day and take nu- t)
lerous holidays without consent or ](
pprftval of this respondent and their p
arnings by hours of actual work are, s
aerefcre, much higher than those in a
ny similar employment." President s
lyphant takes exception to the propo- v
Itlon to arbitrate the question of the
^cognition of the miners' union. This h
osition is placed on the ground that p
ae organization seeks to control the t
t:tire fuel supply of the country; that t
s the union is unincorporated it is in- q
apable cf making a binding contract, c
President T .P. Fowler speaks for the s
crantor. Coal Company, and the Elk c
[ill Coal Compauy. He asserts that o
if the average wage earned by the
len known as piece-workers is less
tan that paid to workers in other emloyments
it is because they fix their
wn hours of labor and the amount of
heir earnings." On the question of *
liners' unions. Mr. Fowler denies the
greements made by the employers and
mpioyes through workingmen's or- P
anizations are beneficial and successj1
in the bituminous coal fields, or *
lsewhere, and assert that any such ^
greement as a method of regulating
roduction would be and is injurious to ?
be best interests of the public." 5
The statements made for the Lehigh ^
alley and the Pennsylvania Compaies
cover the same ground as the v
ther statements. &
t a
Officer Fatally Shot.
Knoxville. Tenn. SDeoial.?In an at
empt to capture Boone Potter, a
oung man of Johnson county, Tenn., *
rho recently killed his father, Deputy ^
:herifT Howell, was shot in the breast E
nd mortally wounded. The officer 0
.lso fired, fatally wounding Potter. t
'larence, a brother of Boone Potter, i
Jso struck the officer with a stick. ]
racturing his skull. t
Navy Needs More Aten.
Washington, Special.?The most cryag
need of the navy, accord'ng to the S
nnual report of Admiral Taylor, chief c
f the bureau of navigation, is more <
ffic#>rs tr? man r*i-r irarsMno TTo rJo_ T
lares that the preparations now going >
n for the mobilization of the fleet in *
rinter manoeuvers, have brought the ?
)epartment face to face with the crittal
condition as to he dangerous to the
fficieney of the fleet. He submits a t
able showing that the present needs f
f the naval service requires 1,600 of c
icers while the number on the navy \
ist is only 1.023. or 577 short. He fig- t
ires that the vessels now authorized by ;
iongress but not completed will require c
98 additional officers.
Coal Situation Critical.
Knoxville, Special.?The local coal
iituation is growing desperate and at 'c
hough this city is within 30 miles oi
arge coal mines, nianv manufactories
nay be forced to clcse on account ol nability
to secure coal because of the
Jouthern Railway's car shortage. The
3roctor Furniture Company has aleady
shut down its plant. The cham>er
of commerce has decided to send '
i committee to Washington to see if
be Southern's management cannot '
five this section some relief.
A DAVIS MEMORIAL
Sew Orleans Entertaining Influential
Gathering of
DAUGHTERS OF THE CONFEDERACY.
Many Reports Made at the Second
Day's Session?$6,000 for the
ri^nrlal
yy Hilliv i/u y u i ivaivi iui?
New Orleans, Special.?The second
lay's session of the ninth annual contention
of the Daughters cf the Uni:ed
Confederacy opened Thursday
nornlng. Greetings were received
'rora Junior organizations of Georgia.
Tennessee, Virginia and Kentucky. A
lumber of reports were read showing
:he progress made by the society in
he different States. Mrs. Cooler, of
Florida, said that although tho State
lad a population more than half of
vhlch was Northern, it contained one
)f the largest chapters of the general
>ody and had lately raised a 5135,000
ihaft over the Florida soldiers killed
n battle and buried in Winchester,
/a.
Mrs. J. M. Arnold, of Kentucky, said
hat through the division in that State
he play of "Uncle Tom's Cabin," had
)een prohibited and "Marching
Jeorgia" silenced in the city schools.
Mrs. John P. Hickman, of Evansrille,
Ind., said the chapter there was
engaged in the work of building i
nonument to the Confederate dead.
Miss Mary M. Minoe, of Maryland,
;uld the chapter in that State helped
0 support a Soldiers' Home and
lelped to erect a monument shortly
o be unveiled in honor of the veterans.
Mrs. Helen D. Bell said the specia.
vork of the chapters in Mississippi
vere to establish a Confederate home
it Peauvoir, the old home of Jefferion
Davis.
Mrs. James Henry Parker, of New
fork, said her chapter was composed
>f Southern women, living in that
>tate and was engaged in memorial
vork.
The announcement from Georgia
hat $6,000 for the Winnie Davis menorial
had been raised through the
daughters, was greeted with applause,
drs. Robert Meade reported for the
;rand division of Virginia. Mrs. M. T.
Jhorry for West Virginia, and ?/Irs.
Connor for South Carolina. A very
ordial greeting was given Miss Laura
)ugan, who bore greetings from the
hapter in Los Angeles, Cal.
Shooting at Lynchburg.
Lynchburg, Va. .Special.?A tragic
hooting affair occurred here Thursday
ight between 11 and 12 o'clock .as a
csult of which E. Sherlock Oglesby is
ead and P. Norman Willis is despertely
wounded .The shooting occurred
n Federal street, near Seventh, and
here were no witnesses to it except
he two young men involved.
It is known that they had a quarrel.
lUt what it was about could not be
earned. The shots were heard, and
orsons whose attention was attracted
aw a man lying on the sidewalk and
nother walking away. The man on the
idewalk was Oglesby, dead, a pistol
rith three chambers empty lying near
y. Willis walked several squares to
is home on Fifth street. Doctors were
astlly summoned, and it was aseerained
that he had been shot through
he abdomen near the naval. His conition
is precarious. He stated that
iglesby had first shot him and then
hot himself. Both the young men are
onnecled with well-known and repected
families.
Veteran Editor Dead.
Baltimore, Special.?Colonel Harry
). Beall, G5 years old. for 28 years a
.'ell-known and able member of the
laltlmore Sun editorial staff, died
"hursday as the result of a stroke of
aralysis sustained two weeks ago. He
ad been in failing health for some
ime and since the paralytic stroke his
eath had not been unexpected. Colonel
loo 11 *1 r? f T,Ti r fr! n 1 n nn/l ^n_
?oojj nao a uoiiic ui tugiuiu an u uuing
the civil war was a member of the
'irst Virginia Cavalry. Before the war
,e was engaged in newspaper work in
few Orleans, and shortly after the war
ras similarly engaged in Chicago, subequently
coming to this city to accept
position on the Sun.
Dewey to Sail December i.
Washington, Special. ? Admiral
)ewey, who will have supreme eomnand
of the combined fleets engaged in
he Caribbean Sea manoeuvres next
nonth, will hoist his four-starred Gag
n the President's yacht, Mayflower, at
he Washington navy yard. December
, and will sail the same day with his
argc personal staff direct for the naval
iase at Culebra Island.
Stromboli In Eruption,
Pnrnn T?v PiKIA _ TkA
avvsui^, XJ1 v^uuic. X lie VUltOUU Ull
>tromboll Island (off the north coast
>f Sicily) ,has commenced a terrible
iruption. A colossal column *of fire is
islng, and incandescent stones are bong
emitted from the craters. Many
louses on the islands have been deitroyed.
Six Craters at Work
Auckland, Nov/ Zealand, By Cable.?
According to advices received here
rom Apia, Samoa, via Tcngoa. an
ruption has broken out in Savaii, the
vestern and largest island of the Sacoan
group. Six craters are reported
o be emitting smoke and flames. In
ne village in the vicinity the earth is
evered t.vo inches deep with ashes.
Attempt Faded.
Frankfort. Ind., Special.?Four rrrr.
ittcmpted to hold up the south-barnd
icnon Express, at Cyclone, early
! iiursaay. The train slackened speed
n striking torpedoes on the rails, but
rhen the engjpeer faced four revolver/
:c threw opon the throttle. The fcv.r
/en fired rapidly, but all escaped in
. ry. Sheriff Corns and deputies arte
void caught the men, who gave the
tames cf Chas. Johnson. James Mack
.Tank Smith and' Hr"- ""ay, all
iiiming to lire in Cincinnati.
BAER REPLIES TO MITCHELL
Elaborate Statement From the Pres?
Ident ot Coal Operators.
Washington, Special.?The reply of
President George F. Baer, of the Philadelphia
t Reading Coal Company, to
the charges of President Mitchell, of
the United Mine Workers, which has
presented to the Anthracite Coal Strike
Commission, was Tuesday given to the
public. Mr. Baer makes no reference
to Mr. Mitchell as the president of the
miners' organization, but refers to him
Biraply as an individual. Taking up the
specifications In Mr. Mitchell's charges
seriatim, Mr. Baer first admits that
his company owns 37 collieries and
that before the strike it employed 26.829
prople. Following is a brief summary
of the response to Mr. Mitchell's
other specifications:
Second. The demand for 20 per cent,
increase in wages is denounced as "arbitrary,
unreasonable and unjust."
The company contends that after making
all necessary allowance for different
conditions that the rate of wages
paid for the mining of anthracite coal
is as high aa that paid in the bituminous
coal fields.
Third. The company denies that the
present rate of wages is lower than is
paid In other occupations in the same
locality and controlled by like conditions.
Fourth and fifth. Mr. Baer denies
that the earnings of the anthracite
workers are less than average earnings
for other occupations requiring skill
and training and that earnings are insufficient
because of the dangerous
character of the work in the anthracite
mines.
Sixth. This specification made by
Mr. Mitchell is referred to as vague for
specific answer, but in a general way
it is stated that the anthracite regions
are amrmer tha mnsf nrnsnernna In the
United States.
Seventh. The company pronounces
cs unjust and unequitable the demand
for a reduction of 20 per cent, in the
hours of labor without a reduction of
wages for the tame hours of labor, and
this demand is pronounced impracticable.
In thli connection the following
statement is made: Because of the
injury to the mines because of the
strike of the United Mine Workers, the
cost of producing coal has been greatly
increased and a temporary advance fn
price was made by this company, but
it will be impracticable to continue
9uch increase when mining operations
become normal."
Eight. Mr. Baer says that his company
has no disagreement with any of
Its employes about the weighing of
coal, because the quantity is usually
determined by measurement and not
by weight.
Ninth. Replying to the fourth demand
made by Mr. Mitchell, Mr. Baer
3avs since the advent of tha United
Mine Workers' organization into ths
anthracite fields, business conditions
there have been intolerable; that th'j
output of the mines has decreased;
that discipline has been destroyed;,
that strikes have been of almost dally
occurrence; that men have worked
when and as they please, and that the
cost of mining has been greatly increased.
He also takes the position
that the jurisdiction of the commission
is limited to the condition named by
the coal company presidents, which excludes
the United Mine Workers from
any recognition in the proceedings. He
says, however, that when a labor organization
limited to anthracite mine
workers is created which shall obey
law, respect the right of every man to
work and honestly co-operate with employers,
trade agreements may be practicable.
Steel Corporation Figures
New York. Special.?At the monthly
meeting of the United States Steel Corporation
directors the comptroller resubmitted
the appended comparative
statement: Cash on hand. November 1,
1001, $63,901,973; November 1, 1902,
$01,748,966. Cash assets. October 1. 1901,
$201,842,384; October 1. 1902, $222,629,- I
350. Current liabilities, October 1, 1901, I
$77,693,371; October 1, 1902, $65,142,- I
457. Increase in net current assets, $33,- i
335.880. Earnings, September and Oc- i
tober, 1901. $21,478,585; September and '
October, 1902, $24,120,346. Orders enter- |
ed since last board meeting, 934,050
tons. Shipments. 831,341 tons. Unfilled
orders on hand November 1, 1901, $2,
831,590; October 1, 1902, $2,993.587.
Plant Burned.
Beaver. Falls. Pa.. Special.?The
plant of the Keystone Driller Company
was almost totally destroyed by fire
Sunday. The loss will be $100,000,
with insurance on the plant of $55,000.
The portions destroyed are the blacksmith
shop; the machine, erecting and
pattern department. Much valuable
machinery was ruined. Over 100 men
will be thrown out of employment.
The origin of the fire is a mystery.
Spain in Trouble Once /lore.
Madrid, By Cable.?As a result of a
I'vjlonged cabin.'?: '> '1
held to discuss the recent attacks
made upon the government by leaders
of the opposition, an official note, issued
Sunday, says the ministers are
ready to place their portfolios at the
disposal of Premier S.igasta, if this
I step be necessary, and that they hare
unanimously decide.! to give the Premier
full powers to net as i.o considers
best in the interests of the country and
his party. Premier Sogasta is to have
an audience with King Alphonso at
neon tomorrow. It is 1 elicved a crlsi3
and the reconstruction of the tnini?'ry
are imminent.
Tammany in Control
New York, Special.?Tammany Hall
has secured control of the board, of
aldermen which has been controlled by
the fuslonlsts since June last. Today
four fusion Democrats voted with the
Tammany men against a motion to declare
that Joseph Krutisch, a fusionist,
had been rightfully elected a member
I of the board. The vote was 41 against
3? In favor of the motion.
fflOLINEUX IS FREED
From the Accusation Gf Murdering
Mrs. Adams.
JURY REACHED A SPEEDY TERDICT
After Deliberating Thirteen Minutes
The Conclusion Was That Woman
Waa Not Poisoned By Molineux.
New York, Special.?Roland B. Molineux
was set at liberty Tuescday alter
spending four years in prison and being
onco condemned to death and twice
placed on trial for his life for the murder
of Mrs .Kathenne J. Adams. But
thirteen minutes sufficed for the Jury
to reach a verdict of acquittal at the
close of a trial that has lasted four
weeks, the first trial which resulted in
Mollneux's conviction and sentence
having been prolonged for about three
months.
The verdict, which was confidently
anticipated, was greeted with an instantly
suppressed outbreak of applause,
Justice Lambert having delivered
a stern admonition that no demonstration
would be permitted. Molineux,
who waa brou^it into court as soon ua
it was known trie jury had agreed, was
apparently as unconcerned as he has
been throughout the trial and gave no
evidence of emotion, when the words
that established his innocence were
pronounced. His aged father, General
Molineux, waa deeply affected, and
could with difficulty respond to the
greetings of friond swho pressed forward
to offer their congratulations.
Immediately after the rendering of
the verdict the prisoner was formally
discharged from custody and left the
court room with his father and counsel.
On passing out of the building,
they were cheered by a great crowd
that gathered in anticipation of the acquittal.
After removing his effects from
the Tombs, Molineux went to his
father's home in Brooklyn .where he
was again cheered by a large crowd.
More than a thousand men ana women,
and there were more women than
men, crowded the corridors of the
Criminal Court building before 9
o'clock this morning and fought for
admission to the court room. After the
usual preliminaries. Assistant District
Attorney Osborne resumed his summing
up. He was talking of the Barnett
letters when he was interrupted
by an objection .which the court sustained.
"This defendant and Barnett," Mr.
Osborne continued, "were friends living
near to each other on the same
floor of the Knickerbocker Athletic
Club. They were paying attention to
the same lady. She rejected Molineux.
Barnett died and eight days later Molineux
bought for the woman an engagement
ring. The wedding was very sudden."
Mr. Osborne in his peroration
pointed out again the circumstances
upon which he relied for a conviction,
turning at each mention of Molineux's
name to point his finger at the defendant.
Molineux sat unmoved at the arraignment,
but attentive to every word
of it. Not so with his father. The old
gentleman was visibly affected by the
words of the prosecuting ofTicer, and
Cecil Molineux, the prisoner's brother,
was very nervous.
Judge Lambert in his charge, summed
up the admitted facts in the case,
the sending of the package from the
general postoffice until its receipt at
the Knickerbocker Athletic Club and
its administration to Mrs .Adams by
Cornish who received it at the club. "It
Is necessary," he said, for the State to
prove that the defendant sent this
package and that it was received by
Cori.:sh and innocently administered to
Mrs. Adams before you can find this
defendant guilty. It is for you to say if
the necessary evidence has been submitted.
One of the most important ef
forts of the prosecution has been to
:onnect this defendant with the address
on that poison package. The State has
attempted to do that by witnesses from
banks and by witnesses presented to
>'ou as handwriting experts. It is contended
by the prosecution that the defendant
wrote that address. Unless
that i3 proved that defendant cannot be
:onvlcted of any crime. So you see that
is the central portion of the evidence.
That is a fact that the State is compelled
to prove."
Justice I^ambert recited the evidence
of the handwriting experts on
Doth sides and said: "I shall not discuss
any of that testimony. The law
places the burden of that discussion
upon you. The opinion of the experts
are not controlling upon you. If the
people's case stood on the question of
handwriting, it should be dismissed.
But, if the contention of the prosecution
is sustained in other respects,
you may consider the handwriting.
Did the defendant obtain the Taffany
box from Tiffany & Co? There is no
evidence that he did, but evidence has
been submitted that he had an account
tnere. i ne most tnat can be said
of that point is that he had the opportunity.
Did the defendant have the
bottle of bronio? He says he did not.
There is no evidence here to contradict
it, but If it was in the box he had
the opportunity to obtain it." Coming
to the consideration of the bottleholder,
in which the poison was sent
Justice Lambert said Miss Miller and
Huft agreed that Molineux was not
the purchaser. "But," he said, "it is
my duty to tell you that no evidence
has been presented here to connect
this defendant with the holder. Now
the question is. Did the defendant procure
the poison? The defendant told
you he never made the poison. Upon
the theory that he did not send the
poison package, that is reasonable
enough, but if you find further facts
that he did send the package then you
may take Into consideration the fact
of the facility with which he could
have obtained the poison."
Justice Lambert declared that the
agreement made by Koch, the letterbox
man, to sell his story exclusively,
to receive his pay when he swore in
the actual trial to the truth of his
story, was a fdeoy. "Another branch
of this case to ^hich I desire to refer
is this: The defendant had a perfect
right to try to point out the man he
believes to be guilty of the crime of
which he stands accused, but he is not
bound in bis own defence to present
enough evidence to convince you of
*
the other's guilt. If you belive the tesllmony
of Prof. Vulte, of Columbia College,"
he said, "Molineux could not l
have mailed that package. The defense
claims that Cornish wa3 there. Then
there is the testimony of Mrs. Stephen- ' . \
son. I am not going to discuss that. If y
that woman told the truth thai ends
this case and eliminates Molinsux. If J
she saw Cornish mail that package this
defendant is not guilty. It i3 for you
to investigate this matter and decide ?
for yourselves.'*
At the close of the charge Mr.*
Black said he had no requests to fl
make. The assistant district attorney I
had several, which the court said he
had already laid before the Jury. Mr.
Osborne had nothing more to say and fl
Justice Lambert asked ex-Governor
Black if he had? anything to say
against Mr. Osborne's proposition that
the jury take the handwriting exhibits
to their room. "I think," Mr. Black
said, "that that would be giving undue
prominence to the handwriting
testimony." "You obpject, then?"
queried the court "That settles it. The
jurors cannot have the exhibits*" The
jury retired at 3:15.
In exactly 13 minutes after the jury
retired word was brought to the court
that a verdict had been reached. Court
officers shouted for order and a hurry
call was sent for Justice Lambert who
was not to be found in his chambersIt
was 3:38 when the notice was received
and it was 3:45 when Justice
Lambert took his seat. Molineux, who
ftad been brought into court on the
first notice from the jury room* sat
calm and confident as ever. Bartow
8. Weeks, of his counsel, leaned
across the rail and whispered to him.
"It's all right The time tells us
that."
"I never doubted it." Molineux replied.
The old general was far more agitated
than hia ann and it was evident
that the suspense was very hard on B
him. As soon as Justice Lambert took 1
his seat he notified the audience that j
there must be no demonstration and
then Instructed the clerk to put the
question to the jury.
"Not guilty," said the foreman in
reply to the formal inquiry and Molineux
who had been standing to re- ^ /
ceive the verdict sank back in his
chair. There was a burst of applause, vV
but it was speedly quelled by the ^ *
court officers. Justice Lambert ordered
the court room cleared and told the
jurors to remain in their seats until
the court was cleared. Then, aftor
counsel for both sides had congratulated
each other and the Jury had
been thanked by the court, Justice
Lambert ordered the formal discharge
of Molineux.
Mackay's Body Reaches Home.
New Yorlc, Special.?Resting in a
mortuary chapel, a large room be-'
tween decks, having been fitted for
that temporary use, the body of John
Mackay arrived An tie White Star
liner Oceanic from Liverpool. Mr3.
Mackay and her daughter, the Princess
Colcnua, were passengers en the same
steamer. The body of Mr. Mackay was
taken from the steamer and immediately
conveyed to Greenwood Cemetery
in Brooklyn, where it was placed
in a vault beside the remains of J. W.
Mackay, Jr. ... jt.
Three Burned to Death.
rhnrlestnn fi C' Sneeial.?The nest.
house at the city hospital caught Are
Wednesday morning shortly before 2
o'clock and three negro men weie
burned to death before they could be
rescued. One negro woman, the only
other inmate of that department, escaped.
. '
Because seven carloads of groceries
were not delivered to West Virginia
strikers on time a Cincinnati company
sues the Chesapeake & Ohio Railroad
for $85,000.
Davidson Wins.
Atlanta, Special.?Davidson won
from the Georgia Techs here Thursdaj
afternoon, by a score of 7 to 6. Th<
Techs made a touch-down in the first
half cn a double rass and a 40-yard
run by Brinson. In the second half, Davidson
made two points. McLeod, Davidson's
full back, was the star of th( *
game.
The New York Supremo Court decided
that an express company's lia'oil
ity is not limited, even if so stated or
its receipts.
News Briefs.
Pletro Maseagni, the noted musician,
was arrested in Boston on a process issued
in a euit against him by his managers.
Friends of Alan G. Mason, who is
accused of the "Jack-the-Slngger" '
crimes in the vicinity of Boston, are
trying to prove an alibi for bim.
Coal production at the anthracite
mines is far below the normal.
Nellie Corcoran, the New York girl
who has been sound asleep for 20 days,
is dead.
Kansas Identified.
"I crossed the United States in
July," said the returned partisan.
"Did you go through Kansas?" asked
the bystander. "I didn't hear the
place mentioned," said the tourist.
"Well," said the bystander, "you passed
through a place where there were %
leagues upon leagues of corn, didn't :\/i
you?" "Yes, was that Kansas?" "It
might have been, and it might have
been Indiana. Did you go through a
state with miles and miles of prairie?"
"Yes, I remember it well; so
that was Kansas?" "It might have
been and it might have been Iowa.
What other state of corn and prairie
did you see?" Well," said the tourist,
"one state we passed through had
lots of prairie and lots of corn, and on
that July day it was very hot, and in
the evening ever so far we could see
a house, out of the rear chimney of
which oozed a little column of smoke,
which went up straight as an arrow
for ten miles and a half." "That,"
said the bystander, with a satisfied
air, "was Kansas."?Wichita Eagle.
.48
$
'm