North Carolina Newspapers

The News and Observer VOL. XXXIX. NO. 42 TTOCE [LMffIESTT ©ODaffitllllLATrDdDlJ!] ©IF AOT KMDBmo (SAMILOIM [MOOT. IN RANKS OF PEACE THE VICTOR AND VANQUISHED GREET EACHOTHER ON CHICKAMAUGA’S FIELD. AND THEY MARK HISTORIC S°DTS Third Day of the Dedication Exercises —Thousands of Veterans and Visit ors Present to Commemorate the Valor Alike ol the Blue and the Gray Addresses by Jlanv Distinguished Public Meu—Old Confederates In Uniform Carry a Union Flag. Chattanooga, Teen., Sept. 20. This, the third day of the exercise-alt. n ’ upon the dedicates ei the battled. 11 to the nation as a park, ep ne-d v ith a grand civic and military parade '* iie visiting cabinet officers, governors r.nd their stuffs and the various military or ganization. tcok part. It brought more people into the city proper thauh.>w been here at any one time sl ice the dedicatory txerciesbrgm Ti\oa- - ands who have been stopping in tie taverns along Missionary Ridge, Lookup M un tain and other places in tts si b übs were all here to day Then thousands came in from the surrounding count y, so that, the streets and thoroughfares were thronged to that degree that it was next to impossible to get about. It was a few minutes past 10 o'clock when the parade started. A platoon of police led, followed by a military band. Then came Vice-President Stevenson and party in earrigaes. In the succeeding carriages were Lieutenant-General Scho field, Secretary of the Interior Smith, Postmaster-General Wilson, Secretary of the Navy Herbert, and Attorney-General Harmon, United States Senators, Con gressman, Governors and staffs, Park Commissioners, Tennessee Legislators, Mayor Ochs, citizens committee and in vited guests. Another platoon of police came next and then the United States Troops, the Ohio National Guards, Tennessee Na tional Guard, Capital City Guard, of Georgia, and the Chattanooga School battalion. The formal exercises of the day were held in the big Barnum tent near the government building and were presided over by Vice President Stevenson. After music by the band, the Rev. Dr. S. T. Nieholis, of St. Louis, offered prayer. The first address was by Geo. W. Ochs, Mayor of Chattanooga, who said: “Chattanooga stands to-day sponsor at the second baptism of these historic and hallowed surroundings. Baptized first into he mortality by the blood of the American soldiers, shed amid the crash and roar of the fiercest, bloodiest and most desperate battle of modern times; baptized a second time amid the soft, sweet anthems of peace by the touching tributes of are united nation, which is now embalming in perpetual memory the chivalry, the sacrifice and the military prowess of her sons, this city will for ever tenderly cherish as a sacred heri tage, these imperishable memories as demonstrating the valor, heroism and sacrifices of American soldiery. “The city of Chattanooga took the deepest interest in the national park from the very outset. The Country and tbe municipality felt it a duty and a privilege to aid in tie stupendous enter prise in every way, and all possible priv ileges and rights were freely and cheer fully given. It is gratifying to note that in pre serving the history of the terrible battles here abouts there has been no disr rirui nation. Equal care has been exercised in marking the Union and the Con federate lines; armies, wings, divisions, brigades and batteries of both are indi cated by historical tablets with equal study and precision. ‘ ‘ Inis park is thus the aymbotof the na tien's second birth, the holy ground where amity and reconciliation have erected on the granite and in bronze tie record of a country’s heroes, a country now indestructibly and indissolubly re united; a country proud alike of her sons, remembering that whether they died for the cause that was lost or fell for the cause that was won, their deeds add ed new lustre to American arms and their achievements exalted American valor." When the applause following Mayor Ochs had ceased, Senator Bate, of Tennesse delivered an eloquent ovation. He referred to the erection of Confed erate monuments at Chicago as an indi cation that the sectional feeling was obliterated and then turned his attention to the causes which led up to the war. The Missouri Compromise and fanaticism had something to do with it. The denial « equal rights to equal States was the real cau-e. Whatever may have been the right or wrong, the South-believed it was right, and in deference of this be lief, it accepted battle. The South claim ed and asked nothing more than equal rights, not only of persons, but of State. Less than that was subordina tion and not equality. War was Wie only resort. Its irreversible result would not be again questioned. “Publicists might draw distinctions be tween just and unjust wars, but in civil war for inalienable rights, victory could not sanctify the wrong, nor defeat in validate the right. It had been devel oped that the North was mere powerful than the South and the North had out side resources to draw from. Beyond that no one could draw a rightful con clusion. That must be left to history.” In conclusion he said it was vain to surround America with fortresses as modern cannon would demolish them. The only safety was in union. It will be remembered that, the Confederates who bought against the Federate recognized their valor and claimed their Lee, and theFederalsjGrant. as grand a character as is to be found in American history. Following Senator Bate there was music by the band, and then General Charles Grosvenor of Ohio, .spoke. Gen. Grosvenor discussed the causes that led to the results that have grown out of it. He traced the history of the American Constitution, declaring its formation an ; development one of the most interesting of all tbe political af fairs. He said that it may be laid down as an anxiom that there has been no great onward march of intelligence, po litical virtue, liberty, cr uational ag grand'z unent that has not been the out come of war. Parliaments, legislative assemblies, Congresses, mould into writ ten law the enactments of the battle field'; and in no period of the world’s bi'tory did war legislate so much, so wise 1 } so deeply, so enduringly, as did the war for the preservation of the American Unton. He gave an extended account of the battle of Chiekamacga,. declaring that it was one of the great incidents of the war. It was feught on the 19th and 20th of September, 1868. The prize for which it was fought was a lodgement of the ITuion army upon the south shore of the Tennessee River. Toe city of Chat tanooga was the obj ctive point of a great campaign, begun on the 24th of •Tune of that year from Murfreesboro, and pressed by General Rosecrans with his magnificent army down through the great canpaign of Tullahoma, halting at the foot of the mountain, ultimately extending itsslf over the mountains, across the Tennessee River, ultimately into the greatjfield f f death at Cbiekamauga. It is highly fitting that this great battle field should be one to be perpetuated; perpetually handed down to the Ameri can people for their enjoyment, for their gtudv, for their pride, for their affection, 'or tVeir constant warning and memen to. He said it was not a battle field like Bull Run, either the first or the second It was not a Chaneellorsville. It was a battle field upon which there was a more even distribution of honors, more even division of achievement than any other great battle fields of the war. No man can claim a clean, decisive victory for either side; although the Confederates held the field at its close When Gen. Grosvenor had finished Governors Morton, of New York, Wood burv, of Vermont, Mathews, of Indiana, and' Turney of Tennessee, each made short talks. Gov. Turney caused something of a sensati >n in his - speech. Gov. Wood bury had said that during the war each side believed it was right, but that now the Southerners would have to teach their children the South was wrong. Gov. Turney took exception to this in his speech. “I believed I was right during the four years and nineteen days I served in the Confederate army,*’ he said. “And at the end of that time I thought I was right. I still think I was right, and .shall teach my children so. No one is more loyal to the stars and stripes than I, and no one is more loyal to the gov ernment, but I never can be convinced that the South was wrong.” This rather frank expression caused a stir in the audience, and when the meet ing adjourned was the topic of general conversation on all sides. The meeting then adjourned. At noon to-day the citizens of Ohatta nooga paid their compliments to Gen. 11. V. Boynton, who originated the idea of making a National Park of the battle field of Cbiekamauga. A number of citizens beaded by Capt H. I). Cham bers, Chairman of the Executive Com mittee of Chattanooga, and Hon. A 8. Ochs, of the Chattanooga Times, went to the General’s office in the government building and presented him with a silver dinner set containing 225 pieces. It was a complete surprise to the venerable gentleman, and he was so overcome that he could scarcely express himself. One of the leading features of today’s events, one that caused perhaps more comment, more enthusiafatie-tsheeriug, and which will make a lasting impression upon those who saw it, was a company of Confederate veterans attired in their tattered old uniforms of gray, carrying the stars and stripes. They formed a part of the big parade this nmrniDg Ore of them who marched next to the color bearer, carried an olive wreath, an em blem of peace and love. Barnum’s tent was filled again to night There was a gathering of the Army of Northern Virginia and that portion of the army of the Potomac which fought at Chickamauga. Gen. E C. Walthall, of Mississippi, presided. Col. W. C. Oates, Governor of Ala bama, was the first speaker and he was greeted with enthusiastic cheers. In his introductory remarks, Gov. Oat es re ferred enthusiastically to the signifi cance the dedication of the battlefield of Chickamauga portended. The union veteran by this ceremony extolled his own gallantry by which alone he was able to triumph over such determined foes as were those of the Confederate army. It* wits complimentary to the Con federate veteran in this manly way to acknowledge defeat, accomplished by overpowering numbers, and to strike hands with his adversaries as honorable men. He next recited the action of his men at Chattanooga, telling of the heroic tight they made. Then he spoke of the causes of the war. As to slavt ry, it was contrary to natu ral rights, but it was a lawful State in stitution and was so recognized by the [CONTINUED ON FIFTH PAGE.] RALEIGH, N. C, SATURDAY, SEPTEMBER 21, 1895. BETTER AND BETTER GENERAL TRADE CONTINUES TO SHOW STILL FURTHER IMPROVEMENT. ESPECIALLY IN EAST AND SOUTH The Past Week has been a Remark able one in Business Circles--Wheat Exports have been the Largest m three Months--The Heaviest Ship ments of Corn in Seventeen Months— Extraordinary Demand for Iron and Steel—Advances in all Prices. New York, Sept. 20.—Bradstreette to morrow will say: General trade throughout the United States shows further improvement in this second week of September, more par ticularly in manufacturing and commer cial at the East and South. From the central Western and some Western States, notably lowa, there are advices that purchases of seasonable goods have been checked and weak because of high temperature throughout the region speci fied, but in the South Atlantic, Gulf and Southwestern States, and on the Pacific coast general trade has been increasing in volume with improving mercantile collections as a rule, and goods selling with less effort in many instances. In support of favorable influence con ditions are this week’s heavily increased total of bank clearings, the largest week’s aggregate of wheat exports with in three months, the heaviest week’s shipments of Indian corn in seventeen months, the maintenance of full propor tions of the extraordinarily heavy de mand for iron and steel, and the signifi cant hardening of the leading money markets, accompanied by reports of in creasing mercantile discounts. Price tendencies this week are more favorable from the point of view of the holder, advances having been recorded in wheat, corn and oats, after a pro longed reaction, wheat flour, raw and re fined sugar,coffee,brown and bleached cot ton goods and print cloths,in sole leather and turpentine. Quotations have held steady troughout the week for cotton, wool, lumber, hogs and lard, while de creases among prices for leading staples noted for cattle, sheep, pork and rosin. A special inquiry by Bradstreet’s into prices for more than 100 staple products show that in the second quarter of the current calendar year there v re ad vances in quotations from 56, no change for 17, and lower prices reached by only 28. R. G. Duu & Co’s Review. New York, Sept. 20.--R G. Dun & Go’s weekly review of trade will say: In spite of gold exports wheat advanced for some days, in all nearly two cents, mainly because a single speculator bought, but on Friday it fell about one cent. Corn rose and fell in sympathy with wheat, and with as little reason. Western wheat receipts for three weeks of September have been 16,791.660 bushels against 16,491,629 last year, while Atlantic exports, flour included, have been 3,941,693 bushels, against 7,621,986 last year. Good reports of foreign crops, weakness of flour in Minnesota ana large exports of corn from this coun try, all work against a rise in wheat, though scarcity of contract grades may help a speculative advance. Pork pro ducts have been reasonably yielding, with prospects of a large corn crop, but before the close had a stronger tone. The cotton market, lifting and falling a fraction each day, alternately, shows no settled tendency, big stocks balacing on undoubted, but as yet not definite de crease in yield. The cotton mills which laid in stocks of cotton below six cents are enriched by the advance in material, and enabled to make frequent advances in goods, which are sustained. The present demand is dull, but there are no reports of stop page, and the threatened strike at Fall River does not come The woolen manu facture is doing well in dress goods and hosiery, but the demand for men’s wool ens is much restricted, and a few mills have closed. The failures of the week have been 213 in ihe United States, against 210 last year, and 32 in Canada, against 48 last year. WILL FORM A REPUBLIC. Cuban Rebels About to Organize a Constitutional Government. Philadelphia, Pa., Sept. 20.— The Secretary of the Cuban revolutionary party in the United States has received a letter from Gen. Maximo Gomez, Com mander-in-Chief of tbe Cuban army, dated at the latter’s headquarters at Camaguey, August 30th. Gomez says the constitutional govern nient of the republic is about to be formed, representatives of the Provinces being already on the grouuds and ready to elect an executive and cabinet and appoint ministers to foreign countries. The minister to the United States, he says, will be empowered to raise loans for the republic. The revolution will go on, he says, until it triumphs. The country from one end to the other is hostile to Spain and the Spanish have done little to diminish the Cuban’s grow ing power. A Town Vt Ipt:U Out by Fire. Minneapolis, Minn., Sept. 20. — A special from Ipswich, S. I)., says that the entire business portion of the city was burned at an early hour this morn ing. No estimate of losses and insurance is given. TRIAL ALMOST ENDED THE EXAMINATION OF WIT NESSES AGAINST DURRANT NEARLY COMPLETED. ORGANIST i KING'S TESTIMONY lie Was Re-Called aud Questioned Upon two Important Points in Refer ence to his Presence in the Church at the Time of he Murder—The Jani tor’s Evidence In Regard to the Keys to the Church—A Pawn Broker Iden tifies Blanche Lamonl’s Ring. San Francisco, Cal., Sept. 20. When Geo. B. King, the organist of Emanuel church, was on the witness stand in the Durrant trial Wednesday, the prosecu tion, by an oversight, failed to examine him on two material points. When King was first interviewed in reference to the murders by representa tives of the newspapers, he denied all knowledge of anything which, in the re motest way, might connect Durrant with the commission of either crime. His denial was made in away which left a strong impression that the young man was not telling the truth. It was then that the sus picion arose that he knew more than he cared to tell. This opinion rapidly crystallized into an idea that he knew something he did not dare to tell. His father became frightened at this con dition of affairs, and the result was young King’s important announcement to the police that he was in the church that afternoon and saw Darrant in a strangely agitated state. King was then seen by the interviewers and to a reporter from each of the morn ing newspapers declared voluntarily and with emphasis that after Durrant had gone to a small mirror in the church, he also went there and on the shelf below the mirror saw a clot of blood, as if Durrant had wiped his finger there. Shortly after young King made bis sworn statement to the chief of police the father of Durrant, is said to have called upon him, and begged him to say that the man he saw in the church in such a condition looked like Tbeodtre Durrant but was not really the man who is now on trial for his life. King answered that he could not change his testimony even to save his friend. King will be recalled as a witness and questioned upon these poinrs. Darrant receives letters almost daily from wotnen in different parts of the country assuring him of their firm be lief in his innocence and wishing they could be with him to comfort him. In every instance thus far, the letter has come from some one whom he has never seen or heard of. The prosecution in the case of Dar rant announced today that its witnesses would be through with direct examina tion next -Wednesday. The crowd at the trial to day exceeded in size that of any previous day since the case* opened. George King, the organist, was re called for further cross examination. After a few unimportant questions from the opposing attorneys, King was ex cused, to the general surprise, it having been expected that the prosecution would interrogate closely upon the alleged va riarion in his statements concerning Durrant, made at different times. The former j anitor at the church, tes tilled that on April 3, the day Blanche Lamont disappeared, the gas fixtures were in perfect order. During the last few days of March, the gas company had finished some work in the church, and gas escaped from no place thereafter, except a trace which was hardly perceptible from a loose key in one chandelier. Witness said that in the latter part of March, Durrant and King had put in a new lock on one of the doors, to which they only had keys. They had stated their object was to keep out of the li brary persons who had no business there. Tbe ex janitor testified that several times he had found the doors in the church unlocked. These doors opened into in terior rooms or closets and he had at tached no importance to their being un locked Adolph Oppenheimer, a pawnbroker, testified that on the fourth and tenth of April Durrant came to his store and of fered for sale a ring with a small chip diamond. The witness selected a ring from those identified as be longing to Blanche Lamont, and said that was the ring offered him by Durrant. He had declined to purchase it, and Darrant had taken it away with him. The witness stated that since tes tifying at the preliminary examination he had received two letters offering him bribes to modify his testimony. One of the letters offered him #SOO on condition that he stated on the stand that he could not positively identify Durrant. He was not to see any one in connexion with the bribe until after fee had given his testi mony, when the money would be paid to him. The second letter was of a simi lar character. The witness said he had both letters over to the police. Officersol the Southern Appointed. New York, Sept. 20. —The Board of Directors of the Southern Railway Com pany have appointed the following officers, to take effect on October 1: Col. A B. Andrews, First Vice President; William H. Baldwin, Second Vice Presi dent; W. W. Finley, Third Vice-Presi dent. Paul I. Wells was named as Su perintendent of the Sixth Division. Mr. Finley’s headquarters will ba in Wash ington. CUBAN ARMS AT SOUTHPORT. Attorney Aycock and Marshall Carroll Receive Instructions. Special to the News and Observer. Washington, D. C., Sept. 20. The State Department to-day was in formed through official channels that 450 boxes of ammunition and 201 boxes of rifles, in special car No. 5,841, over the Pennsylvania road, had been shipped to Southport, N. 0., to be transferred to the steamer Commodore. The Commo dore is the same steamer reported yes terday as being at Wilmington, N. C., and loading up with arms for the United States of Columbia. It is suspected their real destination is Cuba. Acting Attorney General Conrad tele graphed U. S. District Attorney Aycock and Marshal Carroll calling their atten tion to the facts and instructing them to see that no violation of the neutral laws of the United States is committed. The steamer cleared from New Lon don, Conn., for Carthagena, U. S. of Colombia, and put into Southport for the ostensible purpose of having repairs made and coaling. Two carloads ot freight was received yesterday and loaded. The packages by their size and shape seemed to contain guns and car tridges. The Captain of the vessel,how ever, said they contained mining ma chinery and implements. U. 8. Attorney Aycock was of the opinion that the evi dence at hand did not warrant him in ar resting the officers or instituting pro ceedings for forfeiture. Mr. W.J. Shea, of St. Louis, passed through Washington yesterday returning from North Carolina. Mr. Shea says he has purchased 500 acres of land in the western part of the State for oak timber which he will have sawed up into timber and shipped to different carriage facto ries North. Mr. Wiley Powell, of Asheville, who has been spending a few days with Mr. R. W. Watson, left to day for New \ T ork, where he will take a special course in medicine. Dr. Stephen B. Weeks has sent to the publishers his history of the Quakers in the South. Wm. T. Robinson has been appointed postmaster at Ledford. NO REFEUKE YET SELECTED. The tlioice Was Deferred Until The Day Before The Fight. New York, Sept. 20. — The meeting to day for the purpose of selecting a ref eree for the Corbett Fitzsimmons fight, was without result. No re feree was cho sen, and the matter was deferred at the instance of Fitzsimmons’ manage*, until October 30, one day before the fight. Neither Corbett or Fitzsimmons was present, nor was W. A. Brady, Corbett's manager, Martin Bulian, who represented Fitz simmons, said he favored the selection of “Yank” Sullivan as referee. Gov. Culberson Still Stands Firm. Austin, Tex., Sept. 20. —It is learned here to-day that Judges Davidson and Henderson, of the Court of Appeals re fused to sit with Hurt in the prize fight habeas corpus case on the ground that the court cannot hold legal session dur ing vacation, and further that the prop er tribunal to hear the case was the county judge of Dallas county. The regular session of the Court of Ap peals begins at Tyler on the first Mon day of next month and it is stated here that the Dallas grand jury now in ses sion will indict the principals of the re cent fight, and they will have a chance for a hearing before the full bench in re gular session. However, this may be, Gov. Culber son still stands firm and will prevent the fight, under common penal statutes, and Ids determination has given currency to a rumor in sporting circles that the fight will take place in the Indian Territory not far from Colbert. Sports here have given up hope of seeing the fight in Texas. BASEBALL YESTERDAY. A* Rogton: R. h. e. Boston, 0010020 2* — 5 8 1 New York, 1 0 0 0 0 1 0 0 I—3 9 4 Batteries: Nichols and Ryan; Itusie and Wilson. Attendance, 2,000. At Philadelphia: R. h. ». Philadelphia, 1 0 2 4 0 1 2 1 4—15 27 3 Washington, 00010130 1— 010 2 Batteries: Orth and Grady; Moles worth, Gilroy and McGuire. Attendance, 2,880. At Brooklyn: a. H. b. Brooklyn, 10104000 *— 6 10 3 Baltimore, 00 0 4 00 0 0 1— 5 6 1 Batteries: Stein and Dailey; McMahon and Robinson. Attendance, 2,000. At Cleveland: R. h. b. Cleveland, 210 0 11 10*- 0 8 2 Pittsburg, 1 1000001 0— 3 9 3 Batteries: Young and Zimmer; Hawley and Merritt. At Cincinnati: R. n. e. Cincinnati, 022 0 11 000— 6 14 4 Louisville, 00100530 0— 913 1 Batteries: Khines, Dwyer and Vaughn; Cunningham and Spies. Attendance, 1,200. At St. Louis: R. H. K. St. Louis, 000000000—0 7 3 Chicago, 00220 000 0— 4 0 2 Batteries: Breitenstein and Otten; Parker and Kittridge. Attendance, 1,000. How the Clubs Stand. clubs. Won. Lost. PrCt. Baltimore, 80 42 .656 Cleveland, 82 45 ~646 Philadelphia, 76 48 .603 Boston. 67 56 .545 Brooklyn, 68 57 .544 Chicago, @7 57 .540 Pittsburg, 66 60 .524 Mew York, 64 59 .520 Cincinnati, CO 59 .504 Washington. 39 81 .325 St. Louis, 98 84 .311 Louisville, 33 94 .266 Where they I’lay To-Day. Nkw York at Boston. Baltimore at Brooklyn. Washington at Philadelphia. Cleveland at Pittsburg. Louisvillk at Cincinnati. Chicago at St. Louis. PRICE FIVE CENTS. FIGHTING THE TRUST THE HEARING OF AN ACTION AGAINST THE AMERICAN TOBACCO COMPANY. TO ORIVE IT OUT OF NEW YORK The Prosecution Charged the Trust With Conspiracy and Contended That its Capital was Fictitious and That its Greed Would Never be Sat isfied Until it had Eaten up Other Corporations—The Trust Defended by Mr. Choate and Mr. Ful^r. Syracuse, N. Y., Sept. 20. — The hear ing before Attorney-General Hancock in the action brought by C. A Whelan, of this city, against the American Tobacco Company, to restrain the trust from doing business in this State, was begun to day. Joseph H. Choate, with Ouden and Oakley, appeared for the American Tobacco Company, and E N. Wilson, of this city, with Einstein and Guterman, of New York, as counsel for Mr. Whelan. Mr. Wilson opened the argument, fully setting forth the allegations of the petitioners and charging the trust with conspiracy. Ho said that each of the firms comprising it had formerly done business separately. The capital stock of the corporation, he .said, was #25,- 000,000, although the actual assets of the firms comprising the trust was uot more than $5,000,000. He contended that the capital was fictitious and the a\ariee and the greed of the trust would never be satisfied until it had eaten up other corporations. Under the methods employed it would be an easy matter for the trust to pay a dividend of ten to twelve per cent. Col. Fuller, at the close of Mr. Witeon’s address, presented the claims of the American Tobacco Company. The first important contention that he made on behalf of the trust was that the price of cigarettes, both to jobbers and con sumers, has been lower since the Ameri can Tobacco Company organized than ever before. The trust, he said, denies that since its organization it has ab sorbed any other manufacturers. He charged the petitioner with recklessness in the charges made. The trust alleges, he said, that it in creased its business in other lines of to bacco much more than in cigarettes. It uses 30,000,000 pounds of tobacco annu ally in other ways than cigarette manu facture, while it uses but ten million pounds of tobacco annually in making cigarettes. It is admitted that the trust fixes the price of its own goods, and also that in certain cases it has refused to consign its cigarettes to certain jobbers, but only because its own goods were being improperly used. It is denied that ninety-five per oent of the cigarettes sold in the State are its own manufacture. Col. Fuller presented an affidavit de nying the allegation of George J. Whe lan; also another affidavit from Secretary Brown, of the trust, denying that job bers were intimidated or threatened He then presented some resolutions adopted by the jobbers and wholesale dealers erf New York City, in which the criticisms against the methods of the trust are de nounced as malicious and unwarranted. A letter was read, signed by a number of dealers in this city, sh which the com pany is urged not to change its course, in which the signers declare themselves as not being in sympathy with C. A. Whelan & Co. in their contentions. Joseph H. Choate made one of his characteristic arguments. He said that the American Tobacco Company stands for the absolute freedom of trade for itself and for everybody else. He re minded the Attorney General that his action must be based upon the law and facts and that he was not to be governed by socialistic principles cr in’behalf of the hot-headed rivals of trade. Mr. Choate said the National Tobauco Company was the real mover in the present case and that Whelan <fc Co., were merely figure-heads. He said that while Mr. Wilson had argued tho case, Mr. Einstein, the recognized advisor of tho National Tobacco Company sat behind and pulled the wires. Tho speaker did not think that the Attorney General had the power to bring such a suit as was asked any more than a private indi vidual had. The public, lie thought, was little interested in the controversy or its decision. The origin of the cor poration was mentioned by Mr. Choate and he said that those composing the new concern had the same riglit, to sell out and end rivalry. Mr. Choate further said that ho v. as prepared in advance to hear a lan pro posed which would limit a man’s accu mulations, but there was no such law now and he hoped it would boa very long time before the people so stultified themselves. He held that the American Tobacco Company was doing a legal busi ness. It was not contended, he said, that the cigarettes of the American To bacco Company were sold at unreasona ble prices but the fact was that the company soldjso cheaphhat the petitioner, the National Tabacco Company could not compete with it successfully. Mr. Einstein replied to Bite argument, holding that the defense was evasive and mere sophistry. He produced the evi dence of Fredc rick P. Hlc r, of this city, iu the New Jersey eases. Mr. Ilier, when he signed the agreement, had Ad miral cigarettes instock, and was told that unless he discontinued their sale, he would be cut ell from selling the American Tobacco Company's goods. At the conclusion et the argument Attorney Geuerai Hancock asked tho at torneys to submit their briefs within thirty days.