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8,061 Daily Average Circulation for June VOLUME XIII., No. 203. Circuit Court Reverses Judge Landis And That 529,240,000 Line is Off Judge Grosscup Scathingly Rebukes Landis and. At tacks Fairness of His Tribunal in Standard Oil Case. CHICAGO—The United States cir cuit court of appeals today reversed the famous decision of Judge Kene •u" M. Landis In which he fined the S' ndard Oil company of Indiana $29,- 240,000. The case Is remanded to the lower court for a new trial. The decision of the court, composed of Judges Grosscup. linker and Sea man. was a scathing arraignment of Judge Landis, In which it was asked It the court believed himself above the law in Imposing a fine that would fall on the shoulders of the mother corporation—the Standard Oil com pany of New Jersey—when the Indi ana corporation alone under the law could be held responsible. It seemed to be the Irony of fate tha' Judge Gross*dp should have wrlt ten the decision of the upper court. He not only wrote the decision, but read the decision to the watting throng In the court room. Judge Grosscup and Judge Landis have not been the best of friends for some time as a result of a certain statement made months ago by Judge Landis concerning federal Judges who talk puhllciy on matters which might come under their judical attention. When the three Judges took their •eats on the bench the court room was crowded to the doors. John S Miller, Rockefeller's famous $50,- fun lawyer, was present to represent the oil trust. He- was accompanied by Attorney Moritz Rosenthal and several other Standard Oil lawyers. District Attorney Edwin Simms ap peared for the government. JUDGMENT REVERSED. All that occurred In court was the reading of the very last parp-raph of the d clslon. Judge Grosscup read ft as followa: "The judgment of the district court Is Reversed and the case remanded wl< ' Instrucilons to grant a new trial, and proceed further In accordance with this opinion.” That was all. and court adjourned. Immediately District Attorney Simms held a conference with Mr. James Wllkrrson and decided to rush the Case to another trial in the fall. "We cannot appeal the case," said Mr. Simms, "but after a careful read ing of the decision, we find we can get a new trial at once. That is what we will do." Not only did the upper court find fault with Judge !>andis' method of fining the trust, but criticised him for his manner of deciding the num ber of counts left In the Indictment upon which a trial should be had. The •ovenunent contended that each count was an offense. The upper court held differently on that. The arraignment of Judge Landis begins with the taking up of that mat ter Here Is what the court said: 'The number of offenses in the present case should have been as e< Haloed In accordance with the principles (the transaction of grant . * a rebate as a transaction must be e, .rely consummated before It Is an offense) LANDIS IS SEVERELY SCORED. The measure adopted by the trial f'tort «u wholly arbitrary—had no hasla In any Intention or fixed rule diaeoverab In tiie statute. And no other way of measuring the number of offenaea aeeraa to have been given a thought either by the government or by the t,.il court." The court then gne* into the find ing of the trust by Judge L>and!s. In this came the words which are taken as a direct criticism of one of the moe' remarkable decisions ever ren dered b> a district Judge. "This brings us. then, to the last ques'lon,' the decision reads. "Did the court. In the fine Imposed, abuse Its discretion? ' ttrtefly stated, the reason of the trial court for Imposing this sentence •as because, after conviction and be fore sentence. It was brought out. on aa examination of some of the of. firet-s and stockholders of the Stand ard Oil company, of Indiana, that the capital stock of the Indiana corpora tion, the defendant before the court, was principally owned by the New Jersey corporation, a corporation not before the court—the trial couri add tag <upon no evidence however, to be found in the record, and upon no Information specifically referred to) that in concession* of the character for which ’he defendant before the court had been Indicted, tried and convicted «h« New Jersey corpora tion was not a virgin offender. QUESTIONS ARE SCATHING. Is .sentence such as this, baaed on r'ss'wlng such as that, soud? Pass lea over the (j*t that no word of »rl <«•» re or ti,% mfosmatlon supporting tec *rla courts comment is to be found in the record, would the com a I* duly proven, Justify s sen i«nce such aa this—on* that other' • ould got have been Imposed' Pen • court, without abuse of Judl ftat d’srre'lon wipe but all the prop erty of the defendant before the Mart and all the assents to which ha creditors ,ook In aa effort to reach THE AUGUSTA HERALD President's Yacht Ran Down and Sank Schooner In Fog NEWPORT, R. I.—President Roosevelt arrived here at 9:45 o'clock today after an exciting night upon Long Island sound from Oyster Bay in his private yacht Mayflower. In the darkness and fog last night the Mayflower ran down and sank a schooner. The crew were saved by the crew' of the Mayflower and later set ashore. The accident did not delay the president's yacht to any great extent. Last night was very murky and the boats In the sound were care ful to keep their sirens hooting with an incessant din. The Mayflower was bowling along through the mist, showing a clean pair of heels to the other craft when the schooner suddenly loomed out of the dark ness. In spite of all the endeavors to prevent a collision, the prow of the president's boat caught the schooner fairly and rent hor almost in two. The president expressed his regrets and questioned the crew to as certain the responsibility. SHIP DESIGNERS CONFER AT NEWPORT NEWPORT, R. I.—With the arri rival of President Roosevelt here to day there began at the naval war col lege the most important conference of naval officers, affecting the future construction of American battleships and cruisers In the history of the sea fighting establishment. Today's con ference over, consisting of one hun dred officers of the navy, together with a large representation from the army, was addressed by President Roosevelt. The president afterward discussed the merits of the various plans with the officers and recent criticisms upon American naval construction. He spoke extemporaneously. Most of his remarks were public, but any thing of a confidential nature was reserved for an executive conference with the officers actually concerned. Definite solution of any one prob lem is not expected today. Regard less of the e<i»sensus of opinion of boards now here, the whole problem of warship designs will be referred back to the war college and the board of construction at Washington for de termination, with President Roosevelt as final arbiter. and punish a party that is not before the court —a party that has not been convicted, and has not been tried, has not been Indicted even? Can an American Judge, without abuse of Judical discretion, condemn any one who has not had his day In court? "That to ouf mind is strange doc trine In Anglo-Saxon jurisprudence. No monarch, no parliament, no tribu nal of western Europe, for centuries, haa pretended to have the right to' punish except after due trial under ail. the forms of the law. Can that, right fully be done here, on no other basis than the Judge's personal belief that i the party marked by him for punish- ■ ment deserves punishment? If so, It i Is because the man who happens to be the Judge Is above the law.” in another place the court says this: "The defendant Indicted, tried and convicted was the Standard Oil company, of Indiana, The capital stock of this company is $1,000,000. There Is nothing In the record, In the way of evidence either before con viction, or after conviction and before sentence, that shows that the assets of this corporation were In excess of 91,000,000. There is nothing in the record that shows that the defendant before the court had ever been guil ty of an offense of any character. It may thus be safely assumed that but j for the relation of the defendant be fore the court to another corporation not before the court (the Standard OH trust) a relation to be presently 1 stated —the court would have measur- j ed out punishment on the basts of' the facts stated. SENTENCE IS TOO SEVERE. "That under such circumstances the punishment would have been the maximum sentence, put Into execu tion against the defendant before the court, would wipe out, many times, and for Its offense, all the property of the defendant. If put Into exe cution, the maximum sentence would add to the liabilities of defendant to Its creditors (and according to a peti tion of the government In the matter of supersedeas, there were current liabilities of Dom three to five mil lion) an additional liability of twenty nine million two hundred and forty thousand dollars, resulting without doubt In a condition of kMktWptei that would deduct from every credl tor's share of the assets to be divid ed s sura running from fifty to near ly one hundred per cent of the mon •y such creditors advanced. "Is the defendant to be thus punish ed’ Are the creditors to be thus punished’ "Indeed, that the sentence was riot Imposed on the basis of the facts Just stated respecting the defendant be fore the court, but was Imposed »holly because of other facts, wholly outside the record. Is disclosed by the reasons set out la connection with the sen •.once." Forecast so r Augusta and Vicinity— Fair tonight; Thursday probably showers. AUGUSTA, GEORGIA, WEDNESDAY AFTERNOON, JULY 22, 1908. DEPOTS BURNED BY NIGHT RIDERS HOPKINSVILLE, Ky.—Because the Illinois Central Railroad company had permitted a detachment of sol diers to encamp on their right of way at. Cobb, in Caldwell county, night riders early this morning burn ed the depots of the company at Gracey, In Christian county, Crulln Springs, in Trlggs county, and Otter Pond, in Caldwell county. The presence of the soldiers at Cobb protected the dopot there. The destruction was accomplished in eaca Instance by small bodies of night riders. FOOLISH WORKER BLEW UP ELEVEN OMRS HAGERSTOWN, Md. —A premature explosion of dynamite, which occurred whip- workmen were preparing a blast at the improvements of the Gunther land Valley railroad, near Scotland, caused the loss of three lives and others were so seriously injured they may die. The d«#d: Michael Malloy, powder man. Edward Butler, colored, assistant. John Loudon, colored, helper. The Injured: Daniel Erhart, left leg broken; cut about head. Fred Docterman, leg broken; hurt about shoulder and head. C. H. Johnson, lek broken and in jured about head. H. L. Carbaugh, back and head se verely injured. William Meyers, feet crushed. O. R. Boyne, left leg broken and otherwise Injured. Joseph Stine, miner bruises about the body. S. O. Llghtfoot, hand injured. Malloy used a long iron bar in stead of the wooden Instrument usual ly employed to tamp the dynamite In a hole drilled in a rock. The explos ion was terrific. Malloy was killed Instantly, as was Butler. Malloy's body was hurled high In the air I,ou don died In the hospital at Chambers burg, whp-e the Injured were re moved on a special train. An Inquest will be held. Witnesses In Gould Divorce Suit Spent Night In Cell At Tombs Prison NEW YORK —Mrs. Julia Fleming, who. with Mrs. Hen Teal, wife of the stage manager, and Harry 8 Mousiey, a private detective, was arrested, ac cused of subornation of perjury In connection with the divorce suit filed by Helen Kelly Gould against Frank •Jay Gould, spent the night In a cell in th- Tombs prison and today was In a state bordering on collapse. Mrs. Teal was locked In a cell near ly four bouts before her husband sue. reeded In getting 15,000 ball for her, and when she left the prison, shortly before 9 o'clock last night., she too, was hysterical and weak from sob bing. Mrs. Teal's ball was furnished When Bees Stung Cow She Overturned a Wagon and Man Was Thrown Out and Killed NORWICH. N T.—Kleber Curtis, a young man residing at Oxford, Is dead as a result of Injuries received by him two days ago following a i>e cullar chain of accidents While working In a hay field, he sprained his ankle. He was invited to ride home by a farmer who w*a BISHOP POTTER IS DEAD AT FERJLEjGR Passed Away From Em* holism in Leg Following Long Attack of Liver and Stomach Trouble. NEW YORK.—The body of Henry C. Potter, seventh Protestant Episco pal bishop of the diocese of New York, who died last night at his sum mer home in Cooperstown, N. Y., probably will be brought to New York today, and funeral services will be had In Grace church. Bishop Potter died after an Illness of several weeks. He was uncon scious during the last two hours of his life, and the end came peace fully. Death was due primarily to embol ism in the right leg, following a lonff attack of liver and stomach trouble, and the end had been foreseen for several days by the bishop’s phy sicians. HIGHWAYMEN GOT 129,000 INJISH Two Men Held Up Singe Coach and Lifted Strong Box Near Likely, Nevada. RENO, Nev.—The details of the hold-up of the Likely and Alturas siege near Likely about midnight Monday night have just been received here. Two masked highwaymen se cured the express strong box, which contained about $2J,000 for pay rolls of construction crews of the Novada- Oallfornin-Oregon railroad, besides money for the monthly pay roll on several of the largest stock farms In Modoc county. The stag., left Likely at midnight and the express agent accompanied the driver on account of the great amount of money In the box. The two masked men were heavily armed and stepped from the sage brush Into the road about five miles from Likely. They did not molest the passengers, hut demanded the agent to throw off the box, evidently knowing that It was loaded with vain ables. After the holdup they mount ed their horses and carried the box with them for about a mile before opening It, Pohbph from Alturas are on the trail of the bandits. They have tracked them over the Nevada state line amt think they will attempt to make their escape on the Southern Pacific east. MURDER MYSTERY IN NEW YORK NEW YORK. A pretty jroOßg wo man, apparently 24 years old, neatly attired and of refined appearance, was shot and instantly killed in Irving Squire Park, Brooklyn, early today bv a murderer who escaped. Every possible means of Identification had been destroyed by the assassin save * allver handled umbrella whleh bears the name of a New York department store. by Mrs. Ida E. Stein, who went to the prison with a part' - of actors and actresses To all of them Mrs. Teal declared her Innocence. Mousiey was the only one of th trio who escaped being In a cell When his hall was fixed at David Miller, a real estate broker, of No. 459 West Forty-third street, came forward and went nurcty for him The examination of Mrs Fleming, Mrs Teal and the detective Is let for Friday, and unless some one rani's to Mrs. Fleming's aid with thi necessary bond she must lan guish In prison. • leading a cow behind the wagon A small dog accompanied the team The dog, playing In the field, ran Into a bees nest and sought the shelter of the wagon The bee* followed the i dog and stung the cow The cow bolt- j cd and overturned the wagon Curtis was thrown out, sustaining , a fractured skull. Bishop Henry Cod man Potter , Who Died Early Last Night Henry Codman Potter was born In Schenectady, N. Y., May 25, ISK4. Ho was the son of the Rev. Alonzo Prt'op who was consecrated bishop of Pennsylvania in 1845 and nephew of the Rev. Horatio Potter, who was elected provisional bishop of the dio cese of New York in New York la 1854 and who heroine hlslmp of New York In 1881. Being thus practically horn In the church his early thoughts at o .re turned to the priesthood and with the examples of Ills father and uncle before him he was Incited to keep up the record they had made in the ministry. Bishop Potter was educated at the Episcopal Academy In Philadelphia, and later graduated at the Theologi cal Seminary of Virginia, with the class of 1857. Universities through out the world have taken pleasure In conferring honors upon Bishop Pot ter and he received honorary degrees from the Universities of Cambridge and Oxford, England, and from Har vard and Yale in this country. Immediately after his graduation Bishop Potter wns ordained deacon by his fattier and In the following year was ordained priest by Bishop Bowman. He was given charge of Christ, church, Greenshnrg, Pa., from 1857 to 1800. and was then given the rectorship of St. John's church, Troy, N. Y., which post he held until 18(lf>. He then received the position of as slstant rector at the Trinity church, Boston, where tie remained for two years, leaving there to berotnn the rector of Grace church. New York City. During this time he was offer ed several Important clerical and profesaionul positions, Imbuing the I CHEMICAL PRESERVATIVES ARE RUINOUS TO HEALTH, N/4 YS EOOO EXPERT WILEY Benzoic Acid nittl Benzoate of Soda Produce Serious Disturbance of Metabolic Functions, is Finding of Series of Experiments. WASHINGTON, !> G. Dr. II W. Wiley has tritide public the results of his experimerf* with a number of young men who were fed with foods In which benzole acid nml benzoate of soda were used as preservatives. Dr. Wllev states ituit benzole acid, either ai such or 111 the form of lien zoale ol (oda, Is highly objectionable and produces a erioti disturbance of the metabolic functions, attended with Injury to digestion and health. The symptoms attending urc Irritation, nausea and headache. "Results of these Investigations have shown," says Dr. Wiley, “that tnere Is not a single article of food which has been commonly preserved bv means of benzole add or benzoate of soda, which cannot be preserved and offered to the consumer In perfect condition without the aid of any chemical preservatives, ini* fact has been completely demonstrated In the rase i f cider* and grape juice, mince meat. Jelly, Jams catsups preserves atid other articles of the name char acter, BETH BULL OC K TO ACCOMPANY TEDDY TO AFRICA COLORADO KI’RINGH, Col The famous frontier peace officer, Hoth Hnllock, now marshall of Houth Da kota, hits been Invited to accompany President Roosevelt on his hunting for big game in Africa next year. To say lha' Mullock, who Is here In attendance on the conference of republican committeemen, Is pleased, would be putting It. mildly. It Is declared that be not only has a liking for a Job of this sort, bill he Is qualified In every way for the posit! n. DAILY AND SUNDAY, $6.00 PER YEAR. bishopric of lowa, hut ho declined them all as lie felt that his fluid was In New York. In 1882 he was appointed assistant bishop of the diocese of York lo as slst. Ills uncle. Bishop Horatio Potter. Ills services as rector of Grace church came to an end In 1884 and from that time he devoted Ills time to the duties of the Episcopal church. On the death of Ids uncle, In January, 1887, he waa elevated to the headship of the See of New York, whlrh post he occupied until the day of his death. The late bishop was twice mar rled Ills first wife was Elizabeth lingers Jacobs and Bishop Potter met her in Greenshnrg, Pit., where he had Ids first charge. They luul five chil dren, four girls and one son, Hie lat ter named after Bishop Potter's fath er Mrs. Potter died on June 29, 1901, at their home at 10 Washington Square, North, New York. Bishop Potter's second marriage was to Mrs. Albert Corning Clark, of Cooperstown, N. Y. The wedding was a very quiet afalr and since the marriage Bishop Potter lived a very retired life, alternating between the New York and Cooperstown homes of his bride It was known for Homo time that the bishop wiih In poor health, but It was not known that he was seriously til until It was an nounced In May lust that he would be unable to attend the funeral of the late Rev. Morgan I)lx, motor of Trin ity church. Shortly after the funeral of the dead rector (>r Trinity Bishop Potter was removed from his home at Riverside Drive and Eighty ninth street to Cooperstown, whor ( . lie re mained until the day of his death. LUSITANIA BREAKS ANOTHER RECORD Clip* OIF the Queenstown Run in Three Hour* Leas Than Last Run. MVERPOOb. The Cunnrd 1100 steamship l.usltanla lias broken her eastward record to Queenstown over the long course. Her time In transit on her latest voyage was live days and il7 minutes, and her average rate of speed for the entire distance was 24 32 knots an hour. Her bent previous run, 5 days, 3 hours and 31 Inmutoa was made at lan average of 23 77. ■ The l/iisltanln Is still 32 tnlnuf.es behind the record made by the Maur- In nils on this course, namely, 5 day.l and 5 minutes, at an average speed of 24 42. A Shrewd Advertiser. A young woman from Indianapolis Inserted the following ad vertisement In a Chicago newapaper: "I want to lie somebody’s stenographer or bookkeeper; not h!s sweetheart I have been In Chicago three days answering want, ads, and I’ve had more chance* to be 'somebody's darling' than I ever knew existed. If there Is a marl In Chicago who needs help and would rather have a girl attending to business than making goo-goo eyes, I should like to hear from him, I already 'have a sweetheart of my own," Almost Immediately there came no less than one hundred re plies If she has not accepted one of the positions offered she is still receiving offer*. The coup, In connection with the bright ness and originality of the advertisement she hnnded over the counter, calls attention to the value of brains to peraons who would sell wares or taler.ta or Industry through the columns of the press It Is not the largest, but the best-written, advertise ment that brings the surest return, and "ad" writing has become almost as much an art, as the writings of literature, Because she had the wit to write a striking advertisement the Hoosler gtrl has a choice between one hundred posltllons, while stenographers who advertised in the routine manner are still awaiting replies. 8,061 Circulation for Juna Daily Average GOMPERS IS OUT IN DEMOCRATIC EIITDRIAL Telia Union Labor It's Duty Is To Vote Dem ocratic Ticket As Matter of Conscience. WASHINGTON In advance of pub lication In the Federatlonlst, the news paper organ of the trade unionists, President Gotnpers, of the American Federal loti of Labor last night libe rated the proof sheets of a demo cratic editorial that, will appear In the August Issue of the paper. There tsc three double columns of it, much of (be type being used In quoting the written demands that Mr. (lumpers and Ills associates made on the republican and democratic conventions for insertion In their party platforms. Stress Is laid on the anti-Injunction planks of both con ventions which are quoted, analytical comments by Gotnpers being added. While avowing an Intention "to de liver the labor vote" Gotnpers ex presses tile opinion that the worker will have to answer to bis fellow workers us well as his conscience If Ills action Is contrary to the politi cal course that Is pointed out fer him. An argument Is submitted with tho Intention of proving that the republi can parly Is the enemy, and the dem ocratic party the friend of labor, and It concluded with a call to the work ers to defeat their enemies for all offices, presidential, legislative and judicial. ONE IS DEAD AND TWO ARE DYING Tramps Kill Young Man. One id Then Killed By the Other, Who Then At tempt* Suicide. JOHNSTOWN, Pa One dead and two dying Is the result of the vicious ness lust night of two tramps at Nanty (Ho. 25 tulles north of th 1 h place. In the Black Lick county. The tragedy occurred at. 10:15. when one of the hoboes shot 21-year old Her licit Bland, son of Constable Bland The tramps were later found, one of them shot In Ihe heart, end the other uiieotiHrlotis with a bullet wound over the heart. The tramps were followed along the trucks by a posse to the Web ster coal mines, where they were found stretched on the ground. It Is thought the tramp who shot Bland wns accused tiy the other and that In the quarrel that, ensued one Of the two shot Ms companion And then turned the revolver on himself. JOHN MITCHELL BUYS LARGE TRACT OF LAND Former President of Mine Workers’ Union Makes Big; Investment. NWW i tit IJK A NH, I.a. —John Mit chell, former president of the Mine Workers of America, has purchased a large body of the newly opened land on lower Bayou LaFourche. Mitchell came all the way here from Chicago to examine the land, which Is purchased, It Is said, for the union, and upon which a number of the miner* will settle. The land Is all rich, near the gulf, and In the mat ter of climate, perhaps the best on the gulf coast. LIVE WIRE KILLS THREE. ALTOONA, Pa—While a fire rag ed here last night, eventually destroy ing the Kline building In Sixth ave nue, occupied by Huffman Kngela’ general merchandise store and 12 Italian families, mree were killed by coming In contact with electric wires.