- r r WILL BE TRIED IN TENNESSEE Judge Waddill, Sitting in the Fertilizer Cases, Decides for tbe Government. DEFENDANTS MUST GIVE BAIL Case Will Be Concluded By Prepara tion of Record Numerous Ar ray of Counsel for Fertil izer Companies. Richmond Times-Dispatch. The proceedings in the case of the United States against the Virginia Carolina Chemical Company and others in the United States District Court yesterday, Judge Waddill pre siding, were intensely interesting. It having been published that at 11 o'clock yesterday morning the United States government, through its special Assistant Attorney-General, Edward L. Sanford, of Knox ville, Tenn., would ask Judge Wad dill for warrants of arrest of certain prominent citizens of Virginia and their removal to the Middle District of Tennessee for trial on indictments for conspiracy in restraint of trade and commerce, a large company of legal luminaries and private citizens were on hand in the Federal build ing yesterday morning to take note of the unusual proceedings. Some weeks ago a grand jury of the United States District Court for the Middle District of Tennessee, sit ting at Nashville, after weeks of careful investigation, brought in a lengthy indictment against a half dozen or more fertilizer companies, supposed to be in a fertilizer com bine, and against about thirty offic ials of the companies named, charg ing them with various and sundry violations of the Sherman anti-trust act of Congress. This indictment, a certified copy of which was put on file yesterday morning in Judge Waddill'a court, is a lengthy document, covering seventy-four closely printed pages. The indictment charges nearly all of the fertilizer companies doing bus iness in the South with being in a combination in restraint of trade, and calls upon them as companies to stand trial in the United States courts for that violation of the law. It also charges various and sundry officers of such companies with crim inal effort in violating the Sherman law. These indicted fertilizer mak ers and dealers are scattered through out the Southern States, and some of them are in Northern States. It may be said that they are scat tered from the Gulf to Canada, and the object of the government now is to have them all arrested and re moved to the middle district of Ten nessee to answer the indictments there found against them. Eight of the indicted men happen to reside within the jurisdiction ol Judge Edmund Waddill, the Judge of the United States District Court for the Eastern District of Virginia. Hence these proceedings in Rich mond. The indicted men who re side in Judge WaddilPs district are Samuel T. Morgan, of Richmond, president of the Virginia-Carolina Chemical Company ;Fortescue Whit tle, of Petersburg, vice-president of the same; J. Rice Smith, of Rich mond, agent and manager of the Virginia-Carolina Chemical Com pany and of the Georgia Chemical Company, a subsidiary concern of the Virginia-Carolina Company; J. G. Tinsley, of Richmond, president of the Tennessee Chemical Company, a branch of the Virginia-Carolina Company; F. S. Royster, of Nor folk, president of the F. S. Royster Guano Company; Charles F. Bur roughs and Frank E. Wilcox, of Norfolk, vice-presidents of the Roy ster Guano Company, and Frank B. Dancey, of Norfolk, manager and agent of the Virginia-Carolina Com. pany. The Special Assistant Attorney General came here to ask: First, that Judge Waddill issue a warrant for the immediate arrest of these indicted parties; and, second, that they be removed to the Middle District of Tennessee for trial on the indictments there found, or that they be required to give a sufficient bond to guarantee their appearance in Nashville when wanted for trial. Judge Waddill announced his de cision in the following language; "The conclusion reached by the court is that in a pt-oceeding for the arrest and removal' of persons charg ed with a violation of the laws of the United States, pursuant to section 1014 of the Revised Statutes of the United States, before a United States district judge, sitting in the State 01 Virginia, in which State there no lsnger exists the right of a prelimi nary examination upon a criminal charge prior to the trial upon the merits, when such judge is called upon to act as well in the matter of the apprehension of such persons as in their removal to the jurisdiction in which they have been indicted, that upon the government's presen tation of a sufficient indictment, regularly found by a grand jury in a court of the United States, properly charging the commission of an offense within the district in which such in dictment is found, coupled with proof of tbe identity of the person indicted, it is its duty to properly bail such person for apperance before the court in which he is indicted, or cause him to be removed thereto." Immediately upon the rendering of the decision Mr. Sandford asked that the court fix the bail ot the in dicted parties and issue warrants for the arrest of the other seven. The coterie of lawyers for the defense asked for time for consultation. After consultation it was agreed that the court shall meet at 11 o'clock this morning to make up the record, and in the meantime warrants were is sued for S. T. Morgan, Fortescue Whittle, Frank E. Wilcox, Frank S. Royster, J. Rice Smith, Frank B. Dancey and Charles F. Burroughs, and the same were placed in the hands of U ited States Marshal Mor gan Treat tor execution. In the meantime lawyers for the defense will have the record perfect ed according to their motion, with the view of taking the cases to the Supreme Court of the United States, and thus the whole matter of all the anti-trust laws enacted by Congress, especially the Sherman law of 1900, will come squarely before the Su preme Court of the United States, and get there squarely for the first time since the Congress has under taken to make laws to reach combi nations "in restraint of trade and commerce." Taken altogether, yesterday's pro ceedings before Judge Waddill, short as they were, probably constitute the most important and far-reaching liti gation that has .come up in Virginia for many years. CHEAP RATES. A Cheap and Convenient Method of Traveling-. The Atlantic and North Carolina Company has, effective June 1st, 1906, placed on sale at its principal ticket offices, Interchangeable Mil eage Tickets, good for transportation for one thousand miles, at rate of $25.00 each. These tickets are good for transportation over the follow ing, comprising about 15,000 miles of railway and steamship lines: Atlanta & West Point R R Atlantic & Birmingham Ry Atlantic & North Carolina R R Baltimore Steam Packet Co Charleston & Western Carolina Ry Chesapeak Steamship Company Coast Line Steamboat Company Columbia Newberry i & Laurens RR Florida Western Shore Ry Frisco System (Lines East of Mem phis) Georgia B E Independent Line Steamers Louisville & Nashville R R Louisville, Henderson & St Louis Ry Macon, Dublin & Savannah R R Nashville, Chattanooga & St Louis Ry Norfolk & Southern R R, Steamer and Electric Lines. Northwestern R R of South Caro lina Richmond, Fredericksburg & Po tamac R R Savannah & Statesboro Ry Seaboard Air Line Ry Washington Southern Ry Western & Atlantic R R Western Railway of Alabama. Interchangeable Mileage Tickets issued by the above named lines will be accepted for transportation over the A & N C R R These tickets present a cheap and convenient method of travelling to the public. H. C. Hudgins, General Passenger Agent, Goldsboro, N. C. m m Buy matting and rugs of Andrews & Waddell. ) i T Deeds of Meroism Courageous Acts In -the "Rescue of Men Impris oned In Tunnel. Wo r Km en Who Thought Them mlx)es Entombed. 'Built "Dam and S'axJed Fellotv Labor ers From Drowning. History has never recorded greater deeds of bravery and valor than have been enacted In the drama at the por tal of the Gunnison tunnel in the at tempt to rescue the men who were hur ts WAS MPOSSXBIiE TO GET CLOSES TO HIM. led by the recent cave-in, says the Pueblo (Colo.) Chieftain. Nineteen men voluntarily built a dam that caused the water to rise around them to fill the ell in which they were entombed that seven others might not suffer death by drowning after having been pinned un der timbers and debris. Two hundred men working with might and main risked their lives every minute in an attempt to rescue the imprisoned men. H. C. Steele, one of the entombed men, asked for a cigarette as his first re quest, and another one, Benjamin Tay lor, lay flat on his back with his neck across a railroad rail, four heavy tim bers resting on his shoulders and legs and his feet imbedded in water. He was only able to move one hand, yet with the rescuers within two feet of him and unable to come nearer for fear of bringing down other timbers he said he was doing first rate. Nineteen men were taken out alive. Two men, Taylor and Steele, though crushed between timbers, were close enough to their rescuers to converse Bvith them, but the character of the dirt and timbers around them was such that it became necessary to start a new shaft and sink it to a point be low the men and take them out from the bottom. Any attempt to reach them from the top would probably have resulted in a settling of the timbers, causing death to both. It was at their suggestion that the plan to tunnel un der was agreed upon. The last man to die was Fred Gross. The rescuers had been within two feet of him all day, and the light from their lanterns showed that his body was bent back across some heavy tim bering. He complained of his cramped position and urged the men to push the work of rescue as rapidly as possible. But it was impossible to get closer to him, because every time It was at tempted the dirt would slide In from the top. It was noticed that his voice grew weaker. The rescuers peered rough the timbers, and it could be seen that the rock and mud from above had sunk and were gradually bending his back almost double. A beam had caught his chin so that he could not utter a sound, and his body gradually ceased Its quivering and was apparent ly lifeless. The rescuers were frantic, but could do nothing. His suffering must have been terrible, but timbers across his chin forbade him making it known. Edward Schuler was supposed to have been --ushed In a similar man ner. He and Charles Smidley were side by side when the cave-in occurred. QThe force of the falling dirt rendered Smidley unconscious. When he revived he was clasping Schuler's hand. He pressed it, and Schuler answered. Smidley spoke to Schuler, but received no reply. He then tried to run his hand up Schuler's arm to the latter's face, but broken timbers and dirt in terfered. The man's head was liter ally held, in one position by twisted timbers and rock. Smidley says that Schuler's hand pressure became less and less for about two hours, and final ly the hand dropped to the side of the body, limp and lifeless. The reseue of Theodore Grasser and -L. of the thrilling pages of Colorado's history of brave?f.. After Smidley noticed that Scnu 7vas dead he be gan an attempt to 3&&cue himself. K 12 by 18 inch boxing runs along the lower dormer of tide tunnel at this- point for air purposes. He managed to turn around and work himself down to this boxing and noticed that it was broken and had filled up with mud and water. . Knowing that there was an oDeninsr In the boxinir twelve feet further on toward the Inner portion of the tunnel, he closed his eyes and held his breath and literally crawled the twelve feet through the mud, slush and sand until he reached the other opening, where he was enabled t emerge Into a small space made by the cave-In, and where he secured a little fresh air and breathing spell. Here he found Grasser held by some fallen timbers and dirt. He managed to pull these apart and rescue his im prisoned companion, and the two men began to call through the boxing. The seventeen men on the inside of the tunnel responded. The two men tapped on the wooden boxing and the seven teen shoved a gas pipe through to the prisoners. Grasser was the first to catch hold of the pipe, and he was lit erally dragged through the mud, water and the sand to the other side of the cave-in. Again the gas pipe was pushed back, and Smidley clutched it and was rescued in a similar way. When the cave-In took place the sev enteen men not directly under the slide, realized that the seeping water woc'i If allowed to run through, drown all those not already dead who were un der the pile of dirt and timbers. They noticed that the seepage was from above their own room. Knowing full well the death it probably meant to them, but in order to assist in saving their more unfortunate comrades, they set about and erected a dam across the tunnel near the cave-in and con tinued building it higher and higher as the seeping water rose in their own prison cell. They used the loose tim bers and rock, filled the cracks with mud and even slipped off their own clothing to stop up crevices. When the shaft from above was finally sunk to them the water was up almost to the shoulders of many of the men and was above the hips of them all. No sooner had they been placed on the ground above them than they joined the army of volunteers working so valiantly to rescue the two imprisoned men. The rescuers found the nineteen men in good spirits. Theodore Grasser was the first man extracted. He was very weak from exhaustion and bruises re ceived by being caught in the cave-In. At 4 o'clock in the afternoon the res cuers came to a point where they could talk with Steele. They could see him standing between four timbers and hemmed in in such a manner as to be able to move only one hand. "Are you hurt?" said Resident Engineer Mc Donnel. "No, but terribly crowded. Give me a cigarette," was Steele's reply. Mc Donnel lighted a cigarette and stuck It through a crack, and Steele took it HE WAS DBAGtG3 OUT THBOUGH THE MUD. With one hand and smoked it. A little later they got within talking distance of Taylor. He reported that he was lying flat on his back. . The scenes around the mouth of the tunnel beggared description. The rela tives of the imprisoned men were held back by ropes stretched around the places where the rescuers were at (work. When the shaft was completed and as one by one the nineteen men were lifted out in many cases their relatives fainted with joy upon seeing them alive. Drs.W.N.H.&W.H.Cobb,Jr. PHYSICIANS & SURGEONS, ; 116 WEST WALNUT STREET. Special office hours for Electrical treatment, 10 a. m. to 1:30 p. m. and from 4 to 5:30 p. m. Treatments after supper by special appointment. Electric Light Baths for Ladies Monday's Thursdays. Female atten dant. For men, Tuesday's and Fridays. ROYAL BENEFIT SOCIETY OF WASHINGTON, D. C. Condition December 31, 1905, as Shown by Statement Filed. Amount of net ledger assets December 31st of previous year ...$ 8,035.01 Income from policyholders, $113,753.10; miscellaneous, $279.. 49; total 114,032.59 Disbursements to policyholders, $53,957.08; miscellaneous, $57,507.14; total 111,464.22 Business in force at beginning of year number of policies, 9034, amount 1,681,600.00 Written during year number of policies, 6564, amount 1,176,400.00 Business in force December 31, 1905 number of polices, 10,- 541; amount 1,867,600.00 Losses unpaid at beginning of year, $,125.00; incurred during year, $14,993.00; paid 15,458.00 Losses unpaid end of year, $1,160.00. Assessments collected during year 113,726.40 ASSETS, Loans secured by pledge of bonds, stocks and other collateral.. 400.00 Cash in home office and deposited in banks 9,330,58 Assessments actually collected and held by subordinate bodies, not yet turned over to supreme body 4,412.00 Due from lodge collectors 872.80 All other assets, detailed in statement 500.00 Total 15,515.38 Less assets not admitted 900. 00 Total admitted assets $ 14,615.38 LIABILITIES. Losses in process of adjustment or reported $ 1 160.00 All other liabilities as detailed in statement '350.00 Total liabilities $ 1 510.00 Balance on hand to protect contract in addition to right of as- ' sessment, under following funds: Mortuary $2,970.99 Expense 7,632 39$ 10,603.38 BUSINESS IN NORTH CAROLINA IN 1905. Policies or certificates in force December 31 of previous year, number" 2918; Amount $ 507,925.00 Policies or certificates written or revived in 1905, number 1194, Amount 229,600.00 Policies or certificates decreased or ceased in 1905, number 1601, Amount 296,640.00 Policies or certificates in force December 31, 1905, number, 2511, Amount 440,885.00 Losses and claims unpaid at beginning of year; No. 3, amount $ 775.00 Losses and claims incurred during the year, No. 37; amount..- 4,535.00 Losses and claims paid during the year, No. 36; amount.... 4,820.00 Losses and claims unpaid Dec. 31, end of year, No.4, amount 400.00 Total amount premiums or assessments collected or secured during the year $ 30.518.27 S. E. TOMLINSON, Secretary. D. F. PENNINGTON, President. Home Omce 902 F. street, N. W., Washington, D. C. Attorney for service, Insurance Commissioner, Raleigh, N. C. Business Manager or Organizer for North Carolina, Home Office STATE OF NORTH CAROLINA INSURANCE DEPARTMENT, Raleigh, N. C, July 9, 1906. I, James R. Young, Insurance Commissioner, do herebv certifv that the above is a true and correct abstract of the statement of the Royal 1 Benefit Society, a. Fraternal Order, of Washington, D. C, filed with this Depart ment, showing the condition of said Company on the 31st day of Dec, 1905. witness my nana ana omciai seal, the day and date above writen. James R. Young, Insurance Commissionej. The Eternal Question Where Must I Spend Vacation? AT Chase City, Va. Why Seek Any Further When Here in Virginia You Can Find Health, Pleasure and Comfort Combined in One? All go away satisfied. All go away benefited. Many go away cured. What Makes The Mecklenburg Famous? Its Chloride Calcium and Lithia Waters, of which combination Dr. Geo. Ben Johnston 6ays: "It does not to my knowledge exist anywhere else." What Makes It a Place of Cure and Comfort and Rest? The splendid Barueh Baths, the Scientific Apparatus, Sanitation Equip ments'. What Makes It a Place of Pleasure? The Drives, Hunts, Bowling Alley. Pool, Billiards and other amuse ments. Do You Suffer From Rheumatism? Go to The Mecklenburg. It has benefited many like you and it will benefit you. Has Indigestion Been Torturing You? Are You Worn Out, Nerv ous, Run Down, Tired? Do You Need Bracing and Toning Up? The Mecklenburg is the place for you. Are You a Victim to Eczema and Are Hopeless About Yourself? Dr. H. H. Levy, of Richmond, Va., says: "I have found The Meck lenburg Chloride of Calcium Water, combined with the Lithia Water, espe- 1 nr a- ii 9 Mr uiany enecuve in me cure 01 eczema." Is Your System Poisoned With Uric Acid? Go to The Mecklenburg. Dr. J. Allison Hodges, of Richmond. Va.. speaks of its "recognized virtue" in such cases. Leading physicians gladly endorse; benefited guests voluntarily testify. All praise The Mecklenburg. VIRGINIA'S RICHEST PRIZE. NATURE'S BOON TO MANKIND. Send for handsome illustrated booklet. Terms moderate. Write at once. List of Dealers handling our Waters in Goldsboro, N. C: Chas. B. Miller, J. H. Hill & Son, Higgins Drug Co., M. E Robinson & Bro. s Coat SHrt For the Coatless Days Our Coat Shirts cost no more than others they're better tho easier put on, easier taken off. Our line at $1.50 is exclusive, stylish and quality par excellence. A. A. Joseph Your Outfitter

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