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Th 8 non-sdvertislng merchant Ban no more compete with one who advertises than the old franklin hand press can Com pete with the modern web-por facttog cylinder press. VOLUME XIII., No. 232 Government Asks a Rehearing Against Standard Oil Company Contends That Landis was ?Tistisj.ed in Assessing That Twenty-Nine Mil lions Fine and That Grosscup Erred When he Reversed Trial Coxirt. CHICAGO, —The gvernment's peti tion f»r 3 rehearing by tii» United States ;cort of appeals of the case igalust the Standard Oil company of Indiana v-nr, fled today and repre sents, se It iis authoritatively stated, tb.; Adroin'etration'a attempi to t,are the Elkina net and tho ‘.nierstate conimaree law from bse-unlng futile. The tiling of the petition mkrked the appearance of Attorney General Bon aparte in the ease, »n well as that of I-ioa. Frank B. Kellogg, special assistant to the attorney general. AJutongh It is not specifically stated in tho petition it was agreed by the counsel for tb? government, in their conference at Lenox, Mass., following the reversal by the appellate court of Judge Landis’ decision that if an in terpretation of the law given By Judges Grosscup, Seaman and Baker wore allowed tb stand successful pros,- ecutlon of rate rases against corpor ations would be impossible in future. The lawyers at that conference, over which the attorney general pre ssed. were a unit in expressing thejr opinion that reforms in rebate mat ters brought about by President Roosevelt's administration would rep resent too much waste of time un less the upper court can be convinced that tt Is in error In its construction of the lawr. There follows a synopsis of the pe tition, giving the chief points In tho government's contention. The government presents Its petition io accordance with the rule of the court. The indictment in the case was for a violation of the Utkins act of February 19tfc, 1903, making If a er mo to aedept a concession whei*- b; tu.v property is transported In Interstate commerce at less than the published and filed rate. ‘ it was proved at the trial that the ( oioago ana Alton Railway company transported to Bast St. Louts, Ills., and 8(. Louis, Mo., 1,492 carloads of Hi. to all the dealings between shipper r-ed. ■rarrier each carload was treated as a distinct transaction and handled as a distinct piece of business. The published and filed rates on this business wpre eighteen cents per one hundred pounds to East St. l>ouis and nineteen anu a half cents to St; Louis. The Standard Oil company actually settled on the basis of six ci*'.T9 to East lamis and seven and a half cents to St. Louis. These facts were admitted. The Mandat'd Oil company inter posed the claim in reverse that the Elkins act was unconstitutional; tha' the tariffs had not been posted in two public places at the stations. JUST ONE POINT OF DIFFERENCE. On but a single pdint Involved in the trial up to the return of the ver dict of guilty are the rulings of the trial judge criticized by the court of appeals. The point on which the trial judge is reversed by the court of appeals relates :o his rulings on evidence and hi: charge to the jury with reference to ignorar.ee on the part of the Stan dard Oil company of the lawful rate as a defense. The court of appeals in its opinion has not correctly stated how the judge ruled on this subject. It is said in the opinion that he re fused to admit evidence to the off: that the S. 0. Co. did not know what the lawful rate was. The felt is, and Jhe shows, that ail evidence lending to sjiow !g norance on the part of the Standard Oil company was admitted for tlio consideration of the jury. This evidence was largely that of the traffic manager of the Standard Oil, tlogardus, who swore to a con versation with Hollands the rate clerk nl the Alton in which he said Hol lands told him iliut the rate had been tiled. The trial Judge ruled thpt Ignor ance on the part of a hippu oi wllat the lawful rate was could be inter posed as a defense, Iml. tha* It would no. constitute a defense if it appear ed that the ignorance was the result of ngiect on the part of shipper or of wilful failute on the part of the shipper to resort to the sources of i ’formation which were available. SAYS LANDIS WAS CORRECT. The goveriinmilt contends that this is tile correct construction of the statute on this subject. TV court of appeals lays down the rule that It Is necessary for the government to show beyond a reason able doubt, as a part of its ease that the shipper acutally knew what the lawful publish*d and filed rate war. Tile gevernment contends thnt this j. ,r, lirufr'Slt rule; thn- P 1 op trarj tcNhe purpose of the Elkins sot; tha*. It is contrary to the gen »'i rule applicable to criminal eases; that pu* into effect It would make of the inter-etate commerce act "a mere will o’ the wisp of legislation, a phan tom statute destitute of strength or substance" , *« »tx.j TH E AUGUSTA HERALD Man Smokes Cigarette While His Leg is Being Amputated SJDQKMONT, S. D.—. Surgeons yes terday amputated the las of W. G. Blair, of Omaha, near the hip, while Blair snicked a cigarette and ‘'josh ed" thotn about their bloody work. His leg was injured in a railroad GASTLY DEEDS IF FIENDISH RUSSIANS ST. PETERSBURG—News reached here of terrible vengeance taken by revolutionists of Urativka, upon Jew ish family named Edelstein who were accused of giving informatiofi to the regarding the activities of the agitators. They wont to Kdel stein's house at night, threw two bombs through the window and open ed on the members ot the family with revolvers and shot to death the fath er, a daughter, a woman gitesi and her child. The mother, a son, a son in-law and two grandsons were se verely wounded. Subsequently the revolutionists descended upon the hospital where the wounded had been taken, and shot the mother and son to death. EX-WIFE OF BOGUS LORD INIGINIA Came From Mexico Prac tically on Foot. Endur ing Great Hardship. NORFOLK, Va. — Mrs. Louise Hobbs, the divorced wife of the bogus Lord Reginald Douglas, the most ac complished bigamist in the United States, who made her way to Vir ginia from Mexico practically on foot after her desertion, a baby being born to her in Texas while en route, was last night led to the altar by Hubert nalloway, of Raleign. N. C. Upon obtaining her divorce Mrs. Douglas resumed her maiden name of Hobbs. It is said the suit for divorce was instituted in order to enable her to marry Halloway. She has resided quietly with her parents at Lambert’s Point since her return to Virginia. CLAIMS BURGLAR IU DUKE Wants His Pardon so That He Can Visit His Invalid Mother in Europe. SPRINGFIELD, Mo —Declaring that Alphonse Gregorius, convicted in 1938 of burglary, and sentenced .o seven years Imprisonment in the Missouri state penitentiary, is a duke of the old Bourbon house Of France, Father Gretchcn, a Parisian priest, in a let ler to Val Mason, a local attorney, naks that efforts be made to obtain the convict’s pardon In order that h> may return so France In time to see his invalid mother before sho dies. References are given by Fathr Gro tchen to prove Gregorius' connection with the royal family. BROTHERS VISIT KILLS WOMAN A Sister of Gen. Miles over Excited by His Visit. BOSTON. Mass.—The excitement attending the visit of her brothers. General Nelson A. Miles and Daniel C Miles, who had called to cheer her tip In her Illness, resulted in the death lost night of Mrs. Mary .1. Merrlan, of Lewlster, Mass., a few minutes after the departure of the general and his brother. Mrs. Merrlan was over 70 years of age. At her gequest her relatives were sent for and General Miles reach** the patient yesterday, accorn panted by his brother, a bank exarul tier of Massachusetts. Forecast for Augusta and Vicinity— Showers tonight and Saturday. AUGUSTA, GEORGIA. FRIDAY AFTERNOON, AUGUST 21, 1908. accident near here. Surgeons prepar ed io administer an anaesthetic, but Blair would not permit them to do it. He insisted that if they would give him a cigarette he could go through tho operation withoutbeing put to sleep, and he did. TAFT ESSATS Tl GET VDTES DF SOUTH HOT SPRINGS, Va.—ln a speech described by his friends as one ot the best he ever made, William Howard Taft, republican nominee for the presidency today addressed a mass meeting of Virginia republicans, 3,- 000 strong, asking them and the south to adopt the principles and ten ets the dominant party of his coun try. . i When the candidate told his rea sons lor believing the independent democrats of the south would see tt as i heir duty to vote the republican ticket, banners and umbrellas were thrown high in the air, and in the grandstand, which bounded the fourth side of the Amphitheatre, women in their bright-hued gowns stood up and waived their handkerchiefs and fans. Mr. Taft, accompanied by Col. 3. Brown Allen, and Representative Baft com Sfemp, stood on a platform in front of thfe grandstand and near the center ot the open field. Behind them were Senator Nathan B. Scott, of West Virginia, and Arthur I. Vorys, Taft’s persona! adviser. Mr. Slemp first Introduced Col. Ai lon and tlwn the colonel brought from the crowd itH first great burst of cheering when he said: "And now, ladies and gentlemen, It only remains for me to present to you our candidate; and I need say lit tle more. He is a great man. He stands for a great cause, and has been chosen by a great party to make a great light. NAME LINKED WITH THAT OF LEE. "I pay to him, In brief, here and now on tho very threshold of the cam paign, the eloquent tribute that one of our southern statesmen once paid to Robert E. Lee. He said of him that he was 'a foe without hate, a liiend without treachery, a soldier without cruelty, a victor without op pression, a victim without vice, a pri vate citizen without, wrong, a neigh bor without reproach, a Christian without hypocrisy, a man without guile.’ "Such a man 1 present to you, the next president, William Howard Taft.” Then followed Mr. Taft in a speech which held his hearers in breathless interest He described to them what the republican party has done to con trol the actions of the great corpora tions ot the country; predicted what i It will due In pursuance of this policy in the future, and concluded with Ms forceful argument as io why the south should swing Into Hue for republican* i ism. At the close of the speech he was I given » tremendous ovation Tho I brass bands from Staunton and I Richmond, which had led crowds ! from those towns to the field, struck ! up, everybody surged toward the ! speaker's si and. arid the cheering was I deafening. UNIQUE SERVICE* AT ST. MARK’S CHURCH ATLANTA, Ga.-—Unique services are to be held at St. Marks Metho dist church Sunday morning at 11 o'clock. These services will be for [ the benefit of the deaf mutes of the city and will be conducted through out In the sign language. f’rofes [ sor 8. M Freeman, of the Georgia [ School for the IJeaf at Cave Springs, will preach, and the songs, prayers and sermon will be in the sign lan j guage. Professor Freeman will attend the deaf mute Bible class at Sr.. Mark's | Sunday morning at 8.80 o'clock and will afislst the regular teacher with the lesson, the subject of which will |be "David and Jonathan.” All deaf mutes in the city are Invited to Iw ; present at these service*. Saturday evening at 8 o’clock, at j St. Mark's, Professor Freeman will deliver s lecture on lien Hur. During ' April he lectured at the Young Men's | Christian association on the same *ub ! Ject. It* will now complete tjio book and show the final and happy restora tion of family and fortune to Ben llur and the finding of Christ by aIL CENTRAL POINTS IN SPRINGFIELD RIOTS """ ■ """" '''■" i .""“"‘ u ""'"" lll ""“" 1 "* 1 > (Mt- .x. The upper picture show s theSpringfleld, Illinois, Court House, around whi ch the recent riots toook place. Figure No. One sh ows where Chafln, the Pro hibition nominee for President was standing when he was hit with a brick, while defending » ii<f\r<> from the mob. Figure No. Two shows the- location of Lopcr’s restaurant, wh ere the first victim was killed Abraham Lincoln’s home which is shown in the lower picture is on the outskirts of the negro quarters and was for a time menaced by the flames started by the rioters. The portrait is of E. W. Chafin. While Mothers Were at Opera House Six Children Cremated in Home COLFAX, Wash.—While H. W. 8 chultz and W. W. Fox were away harvesting yesterday their wives w ent to a theatrical performance. Fire, originating In a manner unknown, d estroyed their house, four of tho Schultz children and two of the Fox children. The two elder Schultz children attempted to rescue tin* o thi-r children, but lost the way to tho door, and after being possibly fat ally burned were forced to iU7f\ 7 the babies to make their own escape. Seer Said Lover Was Untrue And Pretty Girl Died From Shock SANSEIIASTIAN.—A most tragic fate befell a very pretty girl, who went yesterday to consult a well known woman fortune teller on Ihe future of her tlunce. The response must have been unsatisfactory, for the girl fainted and died within a few hours. The woman, who is a professional fortune teller by means of cards, has been arrested. MAN SHOOTS HIMSELF WITH FAMILY AT DOOR Was Junt Released from Insane Asylum in June. CHICAGO -Despite the pleas of his wife and two children, who tried to break Into the room, Joseph Hank, 41! years old, committed suicide by shoot ing himself in the head In his home on West Sixtieth street. Bank was released from the In sane asylum In June. When he lock ed himself In his room his wife and children attempted to force the door open and wi re trying to reach him whan he fired the fatal shot. LIGHTNING AT WOODLAWN. WOODI.AWN, H. C,~ During one of the recent rain and electric storms, a negro's stable was struck by llght> nlng and set on fire. Two mules were In the stables at the time and wera ao bauly burned they died Mr. W. J. Jennings of Hanford, Fla., spent the day here yesterday. Mr*. 'I J. McKle, Miss Mary Me. Kle and Master James Mason leave today for Greenville, S. C., where they will remain for some time with Mrs. L. C. Stephens Cotton Is opening rapidly, and sev eral bales will be shipped at an earty data. TWO SMALL FIRES IN AUGUSTA THURSDAY Anguilla Mattress Factory and Roney's Store Were the Scenes of Conflagra tion. There were two fires Thursday. ; About i.to o'clock an alarm came in ' from Box 48, The Japan drying room at the Augusta Mattress factory was on fire. , The firemen made a quick run and by efficient work kept the lire from spreaoing to the other departments, j The damage was about 8200. At 10.80 o'clock Box <l2, on the 'corner of Campbell and Hopkins streets was pulled. Th*- fire was In 1 Crls Roney’s store, caused by a d<-. fect.lve electric wlr< The damage was about $5.00. At mldnlgnt an alarm came In front the same box, I ami It was found that the wire had ! caused a fire In another part of ihe i store. The total damage was about U Brldo* Expert Killed. BRIBTOL, Va Mike Hcobta, of Cleveland, a bridge expert, fell a dis tance of 180 feet from a bridge which I he was engaged In examining yester I day and waa instantly killed. Hl* DAILY AND SUNDAY, $6.00 PER YEAR DEATH FOLLOWS BLAZE 111 BAKERY BgAIRSVILLE, I’u As (he result ot a (Ire at the Link Imkery, South Blnlrsvllle, ai 3.3 n o’clock this morn lug. one fatality occurred, one person was injured, and several of the occu pants narrowly escaped being burned .o death. The dead: ANNA PIERRE, aged 5 years, body found in debris after lire. The Injured: Joseph Pierre, father of tho child; perhaps fatally burned wtill,. making altciiiplH to rescue t child, is unconscious at llie home of a neighbor. The first, floor of the building Is used as a bakery, while the other floors are occupied as dwellings. Shortly after gas had been lit In the ovens the woodwork caught (ire. Before those In thb bakery realized what had happened the whole of the first door was In dames. The girl, wtille In bed, was suffocated by the dames anil her father, In attempting to rescue her, received his Injuries. THROUGH WALLS CONVICT BORES TO FREEDOM MILLEDfiXiECILLE, Ga Andrew Ford, a 2b year convict from Chatham county unde a daring escape trout the state farm this morning. lie tun nelled through ill- walls, broke open the Hiipeintcndcnt's office where he helped himself to the arms and am munition and changed his prison gar meets for citizen* clothing and going to ihe stable harness’ d the fastest horse there, lie was seen about day break driving rapidly in tin- direr lion of Macon The alarm lish been lent out in all police official*. LONE NAVIGATOR OF DERELICT SAVED MILWAUKEE, Wis. After spend lug twenty-four hours alone on the tiny schooner Juanita, with the body nl his captain rolling on the d«-ck at hla feet, David Beebe, the lone navigator of the derelict, wa» brought Into port yesterday Ity the Gilchrist si/sirncr Helena The rescued man waa sick with exposure and all but dumb for bourn after his rescue body was mashed Into a pulp Prac tically every bone was broken, and tiia Hi sh waa little tuuiu than a Jelly. . ko maa*. ; Advertising Is the motive power of business. Btop adver tising and your business will be as dead as an engine without steam. ANOTHER SCANDAL CONNECTED WITH HAINSJASE NRW YORK. Marie Louis Sulei man, the French maid, who has charge of the two children of T. Jen kins Ha ins at his homo. Bay ridge, declared today that the younger child, eight months old, is her own. Tho wife of T. Jenkins Mains died 1u Washington in 190<», and (he baby he recognizes as Ids daughter was horn in Brooklyn Hospital in Decem ber, 1007. Marie Sujdrnan says that T. Jenkins Mains had promised to marry her. She expects him to keep ids promise as soon as he is released from prison after ids trial on a charge of being an accessory to the killing of Aunis by Ids brother. The maid and the two children, Mol lie, aged 3, and Louise, are in ai lonesome h(ate in the Bayridgo real donee ICver since the tragedy at. tho Buyable Yacht, Club Marie Sauldmnn lms boon in a state of terror at nigj.d. She was unable to sloop until Mrs. M. F. Mason, a m Ighbnr, sent her 17-year-old son. Warren, t«» remain in the house from 10 o’clock ill the evening until daylight. It has been more or less of an open secret in the neighborhood since T. Jenkins Mains moved to the 2(»th street premises last Mav. that Marie was tho mother of the baby. Me lmd not given tho little one a name when lie flrHt. ar rived in the neighborhood The resem blance of the child to the maid gave rise to the rumor that she was the mother, although T. Jenkins Mains had given inquirers to believe htn wife died last January, shortly after the birth of the lltlie one. , STORY TOLD BY FRENCH MAID. Here Ih Iter story: ■ "I came Io tho United States from the south of Fiance tlnee yoant ago as maid to Mrs. Peter (!. Ilnlns. Mrs. Jenkins llalns was living with them T. Jenkins llalns Tuny, as I call* him was seldom at home. When Mrs Halns died | was given charge of little Motile, whom I loved as I might my own child About a year ago Tony and 1, with little Motile, moved to a house at Cropsi y anil Twenty-third avenue. BensoDliurst. "Before that, time ’fony had asked me to marry him, lait lie never got. to having a ceremony performed. When my baby wiih shout to bo born Tony took me to a hospital in Brook lyn. I do not know where It Is, and I do not know the name of the doc tor wlio attended me. "Tony came to see me nearly every dav while I was In the hospital. The baby was born en December 18, or De cember 21. Inst year. I don’t remem ber tin* exact date, but Tony knows "When I became well I went back with my liuliy to llensonhurst. W« lived there until about last May, when we moved up here to Bayridge. Tony was worried about something. I sup pose iilifnit some stories he had heard about ids brother's wife. “Since the baby was born I have spoken to Tony about marrying inn, tail something hus always turned up to prevent It. I know he loves me as well as 1 love him, and that, he wJII marry me as soon as hn gets out of his troubles. I have cried all the time since he went away. “Tony and his brother did not In tend to kill anybody when they left here last Saturday morning. Tha last tiling Tony snlil to me was:: Marie, get a good dlnnor, because Pete and I will lie home early.’ I did not know anything had happened urn ! til the general came down that night and told me Tony was arrested.” T. Jenkins llulns has sent no writ- I ten message to the woinun who says she Is tlie mother of Ills baby since bis arrest. She has been visited twice by General Halils. DR. R. 0, MUSTER DIED INTRYON.i. C. Prominent Physician and Resident of Waynesboro —Funeral Detail* Later. WAYNESBORO. Surrounded by tils loved ones, Dr, 11. 11. McMaster, of this city, died In Tryon, N. C„ this morning, afler un Illness of some time. He hail Just returned from N< w York, where he went for treat ment, and after a few days at home he left for the mountains of North Carolina to recuperate. Ho was one of th*- most prominent, physician* of the stale, and his loss will he sort* ously felt. In this community, lie w.* about. W.i years of age grid came to thtH city about 2.i year* ago fr\i» Vv In unborn, South Carolina. Dr. McMaster I* promt* ni-ntly connected In South Carr> Una with aotne of her most distin guished citizens lie leaves a wlf* and three children in Waynesboro, one brother In Tennllle and other roW utivns in South Carolina. Hi* r*. main* will he brought to Wayne*, boro for interment. He wa» a prom inent Mason. Funeral announcement will be oi*4* latex.