- 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
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A. A. Joseph
Your Outfitter