The Henry County weekly. (McDonough, GA.) 18??-1934, January 17, 1908, Image 7

The Henry County weekly., January 17, 1908, Image 7

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Newspaper Page TextSCHMITZ GRAFT NOT CRIMINAL According to Decision of California Circuit Court of Appeals. HOLD-UP GAME LAWFUL Abe Ruef Also Gets Benefit of Peculiar Decision-Court Declares That No Crime Was Committed. The California district court of ap peals at San Francisco handed down a decision Thursday setting aside the judgment in the case of former Mayor Eugene E. Schmitz, convicted of ex tortion in the French restaurant case. Abe Reuf also benefits by the ruling of the upper court, for, according, to its decision, he pleaded guilty to an act that was not an offense against the laws of the state. According to the appellate judges, the compelling of French restaurants To pay “fees” to Abe Reuf wag not a crime, even though Reuf divided the fees with the mayor. After discussing the point the court reversed the judgment against Schmitz on the ground that no acts constituting a crime had been proved against him. Abe Reuf, who pleaded guilty to ex torting money from the French restau rants is therefore equally guiltless. The decision wipes out the French restaurant cases and pending charges of extortion against Schmitz and Reuf must be dismissed. Both are now en titled to release on bail. If they obtain the necessary bondsmen they can re main at liberty until such time as a jury finds them guilty on one of the Indictments charging them with receiv ing bribes from corporations. Owing to the number of cases against them the bail, figured at SIO,OOO a case, would reach an enormous figure. Schmitz and Reuf cannot take ad vantage of the decision for sixty days. The prosecution has twenty days in which to ask for a lehearing. Then the appellate court will have ten days to consider the application. When that is done the prosecution will go through the same procedure in the supreme court which will take the same length of time. Consequently Schmitz and Reuf will still be kept in jail for two months at least. The decision was written by Justice Cooper. The opinion comments ou Judge Dunne’s ruling, and says he erred in admitting hearsay evidence. “In our opinion,” say 3 Cooper, “the cross-examination was enj-rely im proper, and was not confined to the matters on which the defendant was examined in chief.” They had reference to the answer Schmitz gave in regard to the pay ment to him of part of the $5,000 con tributed by the restaurants. The attorneys for Schmitz had at the trial questioned Reuf as to whether he was testifying in expectation of Immunity. Judge Dunne refused to permit any of these questions to. be answered, holding that they were not proper cross-examination. The appeallate court says: “These rulings were erroneous and highly prejudicial to the defendant.” The decision comments on Reuf hav ing pleaded guilty to the same charges and then taking the witness stand against one who had been his friend. “His conduct,” said the appellate judges, “was such that under the plain provisions of the penal code his evi dence was branded so that the de fendant could not have been convicted upon it without corroborative testi mony.” It is not an unlawful act, reasons the court, to threaten to hold up the licenses of the restaurant keepers, or actually to do so. The decision will have the effect of invalidating the other four indict ments charging Schmitz, as well as Reuf with extortion, and’ renders void the plea of guilty made by Reuf as the appellate court held that no crime has been committed. DAMAGES FOR COLLAPSE OF BRIDGE Alabama Man Gets Verdict Against Geor- County for $4,000. The jury in the federal court at At lanta in the suit of J. C. Burnham of Alabama against the county of Haral son, in Georgia, brought in a verdict for the plaintiff in the sum of $4,000. Burnham brought suit against the county for $30,000. Burnham wa« crossing the Tallapoosa river in Haral son county on a bridge, which gave way under him, precipitating the plain tiff, his wagon and his team into the stream below, a distance of thirty feet. Home Treat ment J-20 ANOTHER RAIL HORROR. Passenger and Freight Crash Through High Trestle—Five People Killed and Many Hurt. A disastrous werck on the Alabama and Mississippi road occurred Friday morning about 7 o’clock, about ten miles from Vinegar Bend, Ala., caused by a head-on collision between a pas senger train and a logging train. Five persons were killed outright and two seriously injured. The trains were badly wrecked and the escape of other persons from death and injury is con sidered remarkable. The dead are: W. B. Paine, merchant of Vinegar Bend; Charles C. Busbee, a section foremant; three negroes, names un known. The list of injured is as fol lows: Frank Marks, engineer of the passenger train, seriously injured; will die. Henry Hall, fireman of passenger train, seriously injured; will cue. Sev eral negroes, slightly injured. Ten miles west of Vinegar Bead the road turns sharply and the greater por tion of this curve is made up of trest ling that spans a ravine and a small brook at the bottom. Bowling along at a fair rate of speed with a number ef passengers, the passenger train took the curve and trestle just as an extra freight train came into view on the opposite end. Before Engineer Marks could bring his train to a stop both trains met head-on in the very center of the trestle. Simultaneously with the collision the trestle gave way and both engines and trains crashed through, falling to the bottom of the ravine.On the logging train were a number of convicts, as were also others on the passenger train going to various points along the road. As soon as news of the wreck was received at Vinegar Bend all available physicians and, a number of other per sons were placed upon the hand cars and hurried to the scene. Engineer Marks resided at Vinegar Bend, where he has a wife and several children. He has the distinction of pulling the first train over the road sixteen years ago. OVERRULES LABOR FEDERATION. Temporary Injunction Against Boycott of Stove Company Not Changed. Justice Gould of the supreme court of tho District of Columbia at Washing ton overruled a motion made by the American Labor Federation to amend the court’s order in the case of the Buck Stove and Range company of St. Louis, in which the court recently tem porarily enjoined the federation from placing the company on a boycott and unfair list in the federation publica tions. The case involved the right of labor organizations to boycott. The motion of the federation contended that the order was erroneous, because it was made to run until the final decree in the case, instead of until the further order of the court; because it may bo construed to enjoin the defendants from uniting to agree not to patronize plaintiff’s products; or construed to pre vent the defendants and their associ ates from saying to others that they had united and combined not to patronize euch products or construed to enjoin their announcing that they had com bined not to deal with others who should deal with the company. The motion also contended that the order abridges freedom of speech of all the defendants, and freedom of the press “which is protected by the first amend ment of the constitution of the United States.” The court decided that it ■would not alter the order in any way. WARNINGS OF &TORM ISSUED. Notice Given of Heavy Gales All Along the Gulf Coast. From Texas to Florida storm warn ings were issued on the gulf coast Fri day. Special warnings were issued for the Texas, Louisiana and Mississippi coasts and stated that a storm urns moving eastward and over Texas. You naturally would prefer to treat yourself at home, for any form of female trouble, wouldn’t you? Well, it can be done. No reason why you should not be able to relieve or cure your suffering, as thousands of other women have done, by proper use of the Cardui Home Treatment. Begin by taking Wine of Cardui the well-known female tonic. For sale at all drug stores. Jo© Moorhead, of Archibald, I. T„ writes: "My wife had suffered for years from female trouble. On your advice. I gave her the Cardui Home Treatment, and now she hardly suffers at all.” Sold by druggists. liffJlTPp VTC t I CTTC I) Write today for a free copy of valuable 64-paire Illustrated Book for Women. If you need Medical NKI H |r I Jjk ft I I 1 I 1 K Advice, describe your symptoms, stating age, and reply will be sent in plain sealed envelope. ■ * a»a a m * * ****** * * — ll Address: Ladies Advisory Dept.. The Chattanooga Medicine Co., Chattanooga. Tenn. CHILDREN MANGLED. Sixteen Crushed to Death and Forty Badly Maimed During Needless Stampede in English Theatre. Sixteen children were tramped to death and forty others, several of whom cannot live, were injured in a mad lush for better seats at an entertain ment given in the public hall at Barne ley, England, Saturday afternoon. There was a great rush to secure admittance to the entertainment, and when the show opened every seat was taken, and the gallery was literally packed with children, who filled the aisles and were dangerously mashed against the lower railing. With a view to relieving this crowd ing in the gallery, the attendants decid ed to transfer some of the children to the body of the house, and some of the ushers called out: “Some of you chil dren come downstairs!” Immediately the rush started, and within a few seconds hundreds of chil dren were being trampled under foot. Even those who had seats in the gal lery doubtless became panic stricken by the screams and struggles of the crowds fighting to reach the staircases, and joined in the stampede. The scene was a terrible one, the cries of the injured and moans of the dying causing the greatest excitement among those gathered in the body of the hall. When the reserve police arrived they found the narrow stairway practically blocked with bodies, which ware crush ed in some cases almost beyond recog nition. Scores of children were forced by the pressure from the crowd behind them to scramble over those that had fallen, whether living or dead, and many of the injured children were found later to be suffering from frac tured bones and severe lacerations, caused by the indescribable manner in which they had been trampled upon. DEMONSTRATIONS BY SOCIALISTS.' Thousands in Germany Engage in Riotoua Conduct for Universal Suffrage. A special from Berlin, Germany, says: The determination of the so cialists to secure direct universal suf frage, combined with their indignation against Chancellor Von Buelow’s curt declaration refusing their demand, gave rise Sunday to an unusual scene and a monster popular demonstration, ac companied by disorders in the streets of the Prussian capital in which 4,000 organized socialists participated, while 30,000 sympathizers from time to time actively joined in the manifestations. Among the features of the day’s up rising was the number of women who engaged in the demonstration and they appeared even more earnest in their activities than the men. The authori ties took the sternest measures to pre vnt outrages and the strictest precau tions to protect the assembly and other public buildings and Prince Von Bue low’s residence from the outburst of fury. Crowds in the streets were dis persed and collisions between proces sions of manifestants and the police re sulted in the injury of a considerable number of the demonstrators, but so far as is known no fatality occurred in Berlin. The police refrained from making arrests except in case of extreme vio lence. The movement extends through out Prussia, where the socialists are ex ceptionally numerous in the country. Reports received from other cities, however, do not indicate that the demonstrations there were accompa nied by violence. PANAMA CANAL TO COST MORE. Latest Calculation Adds Enormous Sum of Hundred Millions. The Panama canal is likely to cost at least $100,000,000 more than the original estimates, according to figures and data now in the possession of the senate interoceanic canal commit tee. Splendid progress is being made upon the canal where the work con sists only of dredging and excavating. FLEET IN BRAZIL PORT. Bob Evans' Sixteen Battleships Anchor at Rio Janeiro and Whole Bunch ia Given a Hearty Welcome. The American fleet of sixteen bat tleships entered the port of Rio Janeiro (Brazil) at 3 o'clock Sunday afternoon, after a passage from Port of Spain, Trinidad, more than 3,000 miles, un marred by serious accident, replete with interesting incidents and ending with a royal welcome from the thou sands that had gathered to greet the visitors. The fleet weighed anchor at 4 o’clock on the afternoon of December 29, at Port of Spain, and exactly at 4 o’clock Sunday afternoon the vessels were swinging at their anchors in Rio Ja neiro’s beautiful harbor. The fleet baa so far covered about 4,600 miles, about one-third of the distance of the voyage to San Francisco. Early in the morning tho crowds be gan to gather in the streets of Rio Janeiro, and long before the signal flags were hoisted announcing the ap proach of the American ships of war, thousands of curious spectators had taken up the points of vantage on pub lic buildings and the elevated quays. When the fleet steamed into the har bor, under the splendid mountains that frame the bay, beautiful in the tropi cal sun, it was a spectacle incompar able to the eye. The Connecticut, Rear Admiral Ev ans’ flagship, was in the lead, with the Brazilian cruisers, dressed in gala at tire, on either side. Paying the for tresses the Connecticut fired a salute of twenty-one guns, which was respond ed to by the Brazilian warships, the German cruiser Bremen and the shore guns. The yards and fighting tops were manned and cheers upon cheers were given for the splendid passage of the flagship and her sister ships. As soon as the anchorage was made, the Brazilian minister of marine, Ad miral Alencar, the captain of the port, the American consul, G. E. Anderson, the commandants of naval divisions and the civic authorities, went ou board the Connecticut and extended a hearty welcome to Rear Admiral Ev ans, his officers and men. Not less than 15,000 to 20,000 persons were aboard these boats and more than 50,- 000 others were gathered on shore to celebrate the coming of the fleet. Sun day night the city was beautifully il luminated and a gala occasion was made in honor of the visitors. All the way down from Port of Spain the voyage was an enjoyable one and all on board the ships were well and seemingly happy. To some extent th' progress of the fleet was hampered by the strong currents and the swell, poor coal and minor derangements of the auxiliary machinery of several of the ships. Until Friday, the 10th, a uni form speed of ten knots was maintain ed. The speed was then increased to eleven knots and finally to twelve. At midnight on the fifth of January the fleet crossed the equator. FOR PRESERVATION OF FORESTS Great Mass Meeting Will Be Held in At lanta on January 16th. A monster mass meeting, designed to crystallize southern sentiment in favor of the preservation of the forests of the south will be held in Atlanta on January 16th, when a number of dele gates representing every section will be present. Enthusiastic plans have already been arranged by the promoters of the big gathering, which will result in a strong delegation being appointed to be pres ent when the Appalachian-White moun tain bill is brought up in congress. FAKE RECEIVERSHIP REPORTS. Southern Railway in No Danger of Col lapse Says J. S. B. Thompson. J. S. B. Thompson, assistant to the president of the Southern railroad, states that the report as sent out from Washington in regard to a receivership for the Southern is without fact or foundation, just as it was declared in that city. SCORES DIE IN THEATRE FIRE Frightful Holocaust Occurs in Lit* tic Pennsylvania Town. MOVING-PICTURE SHOW Large Crowd of Church People Caught *• Raging Flames and Many are Cra matcd-Majority Children. A catastrophe, horrifying in its de tails, and sickening in its result, Mon day night swept nearly one hundred souls of Boyerstown, Pa., into eternity hi almost the twinkling of an and injured nearly three score, many of them fatally. A majority of the killed were members of the leading families of the town. While the “Scottish Reformation" was being produced in Rhoades’ opem house by a moving picture machine, an oil tank used in the apparatus ex ploded, and fire quickly followed. Immediately there was a wild rush for the exits of the building. Men of mature years endeavored to still the panic, but their voices could not be heard above the shrieks and scream* of the terrified women and children who composed the greater part of the audience. The burning oil scattered in all direc tions, and the lamps, which were use# to light the opera house, also exploded, throwing the blazing oil over tho ter ror-stricken people who were fighting frantically to gain the exits. The building was crowded with the members of St. John's Lutheran Sunday school, who were attending a benefit given for that church. The flames, fed by the oil, shot al most to the ceiling, and there was a wild rush of the seven hundred person* to escape from the burning building. Scores of women and children were trampled upon, and several who caped being burned to death, died ter being dragged from the opera house. In many cases, it is said, entire fam ilies have been wiped out The scene which followed the expl* sion is Indescribable. Scores of per sons who were in the balcony at th* time the explosion occurred, jump*# from the windows and sustained frefr tured limbs and skulls. To add to the terrible disaster, the fire apparatus became disabled, an# the structure was left entirely to the mercy of the seething flames. Assistance was asked from Pott*- town, but before the fire apparatu* from that city reached the scene, th* entire center of the structure was * roaring furnace. Had the women and children heeded the warning of the cooler heads in th* audience the horrible Jobs of life might have been averted, but there was th* usual panic and stampede, which al most invariably accompanies such ft catastrophe. Every home within a radius of ft dozen blocks of the opera house wa* made a temporary hospital, where th* wounded were rushed by carriages and other means of conveyance. Boyerstown is a borough with a pop ulation of about 2,506, and is located about midway between Pottstown and Reading. Pa. The night was one of walling and anguish. The shrieks of mothers whe had rushed to the scene as soon a* they learned of the fire was pitiful. It is extremely doubtful If the r*- mains of the victims can be distin guished from the debris, as many per sons in the audience were covered with burning oil as the lamps exploded.