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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 2, 1905)
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VOL. XXIV-NO. 27.
Subornation of Perjury
HENEY MAKES ANNOUNCEMENT
Declares Statute of Limita
tions Saved Kribs.
CLOSING ARGUMENT BEGUN
United States District Attorney An
swers Two Telling Points Made
by the Defense in a Most
MITCHELL INDICTED FOB, SUBOR
NATION OF FEBJURY.
"Now, why was not an Indictment
brought In against Senator Mitchell for
subornation ol perjury after Tanner
had confessed? The evidence shows
that the grand Jury adjourned the day
of that confession, but met again to
boll one week. It then expired by
operation of law the end of the' term.
A new term commenced. And In that
week a great many indictments were
crowded, and, inasmuch aa Senator
Thurston .has asked me the question,
there .were some Indictments found
that were not returned became the In
dictments were not prepared.- Among
the number was one against this de
fendant. This was the startling manner in which
United States District Attorney Heney,
yesterday afternoon, rendered impotent
one of the two "vital points made by ex.-
Senator Thureton in his argument for
Senator Mitchell. The announcement that
there was still another indictment hang
ing over the Senators head came as a
thunder-clap from clear skies. No inkling
of what was coming was given by Dis
trict Attorney Heney, when he began his
final argument. He had led up to this
surprising statement in answering the
demands of the defense to know why
Kribs hadn't been Indicted, made by ex
Senator Thurston, during the morning
Within ten minutes after Mr. Heney
had begun his cloBlng argument he com
pletely set at naught these two vital con
tentions made by ex-Senator Thurston.
Counsel for the defense had questioned
the Government's reasons for falling to
indict Frederick A. Kribs and for the
failure of the District Attorney in Indict
ing Senator Mitchell for subornation of
perjury. With a forensic force seldom
heard in an Oregon court, ex-Senator
Thurston laid great atress upon these
two points and until Mr. Heney explained
why this had been done, they loomed up
as if they might cause the Jury to ponder
over them. Indeed many members of the
local bar who were present considered
that the counsel for the defense had
This only lasted, however, until the
Government's prosecutor stated that the
reason Kribs had not been indicted was
because the statute of limitations had
run its course. And, quietly, but with
shocking surprise District Attorney
Heney announced that the grand Jury
had found an indictment for subornation
of perjury against Senator Mitchell, but
in the hurry of those which were con
sidered more Important, this Indictment
was not returned. The effect of this
statement was a startling surprise for
the defense. It seemed to be something
for which they wore wholly unprepared
and It was none the less so to those
who heard the announcement. In regard
to the Kribs Indictment. Mr. Heney as
sured the Jury that Kribs was not to be
allowed to enjoy the timber lands that he
had obtained by fraud and he made the
positive statement that within a short
time Kribs would be confronted with
civil suit. He did not say when this
suit would be Instigated, but he did
promise that the result would be that tho
SO or 40 odd claims that Kribs had ob
talned, would once more belong to the
United States Government.
Case Does Not Go to Jury.
It was fully expected b3 those who had
been following the trial since it began
that the case would be in the hands of
the Jury last night. Ex-Senator Thurston
resumed his argument when court was
convened j'esterday morning. If anything
he was In better form than on Ihe prev
ious day and his argument seemed to be
delivered with more telling effect. He
concluded shortly before 11 o'clock, and
as soon as court adjourned thereafter the
Nebraskan was surrounded by many peo
ple, who congratulated him upon his
masterly effort. Tkere was less of the
lean' strain to his talk and more of
clean-cut .logical argument. District At
torney Heney was ready to begin his
closing talk, but owing to the oppresslv
atmosphere, from which Judge De Haven
seems to have suffered daily, the jury was
excused until 2 o clock. Mr. Heney be
gan his argument lifter the noon recess,
ana laiKea unui wnen court was
again adjourned and the Jury excused
until Monday morning. The closeness of
the room, its bad ventilation and crowded
condition has been a source of great an
noyance to Judge De Haven. During the
session he has been forced to resort con
stantly to the use of & great fun, and
even then the fetid atmosphere has af
fected his honor.
Again Sena tor Thurston made a plea for
the defendant. During his address he took
up several of the points at Issue, and In
spirit of mercy he called upon the Jury
to consider the acts of the Senator, who
had been dragged from the halls of Con
gress to face the charges brought by a
grand jury that was held behind closed
doors. He had little to say against
Judge Tanner and the part he played in
the prosecution of Senator Mitchell. With
contempt, tempered with pity, he dis
missed Tanner, but he flayed Robertson
l vigorous manner. He referred to
him .as "Robertson; the busy, the keen.
icious Robertson," and linked him to
Brutus. The speaker said that he would
not say positively, but he believed him
Government secret service agent, be
lieved he became one after the visit of
the Government detective who called upon
him at Washington to Inquire as to what
he (Robertson) knew of the Kribs deals.
Scoffs at Robertson.
Counsel for the defense scoffed at the
Idea that Robertson had called Senator
Mitchell a liar. He did not believe a
man of Robertson's caliber had the cour
age to call a Senator a liar, and he de
clared no matter "what was the outcome
of the case, that Robertson would go
out Into the world and be shunned by
men and women as Jong as he lived. He
pictured the Senator as having absolute
trust In Robertson, and said that his be
trayal of his employer was almost like
that of a son, for Senator Mitchell had
treated Robertson as a son. At various
times during his argument he had paid
tributes to his clients, and he concluded
stating that he did not believe the Sen
Heney's Closing Argument.
As soon as court convened after the
noon recess. District Attorney Heney be
gan his closing argument. He began by
saying that for three days the "jury had
listened to counsel for the defense. He
warned them not to heed the appeals for
sympathy that had been addressed to
them. If they dldjthis. the speaker said.
they would bo violating their oath of of
fice. Mr. Heney took a fling at Judge
Bennett. It was done in passing, "but
the barb and sting was there. He recalled
that both Judge Bennett and ex-Benator
Thurston had .told where they were from.
and recalled to the minds of the Jurors
that when Judge Bennett was examining
them, he found one Juror who was from
Iowa. He quoted Judge Bennett as hav
ing said, 'Tm from Iowa, too." and he
characterized this as pettifoggery.
Passing from Judge Bennett. Mr.
Heney took up the charge that had
been made by Mr. Thurston that he.
Heney, had boen'employed by the Sec
retary of the Interior. This the Dis
trict Attorney denied. He said that
this official had nothing to do with his
coming to Oregon, and that he had been
sent here by Attorney-General Knox to
prosecute .the Puter case. It was while
investigating this case he discovered
that the lesser criminals were in the
tolls and were being sheltered by those
high in office. He repudiated the con
lemioDB oi me aeiense mat tie was
seeking to make Senator Mitchell a
scapegoat. In all. he said, some 0 per
sons were Implicated in the indictments
round by the grand Jury. It wns -at
this point that he explained how Kribs
Judge J. "S. Henshaw, a member of
the Supreme bench of California, sat
with Judge De Haven during the morn
ing session. He listened with a great
deal of interest to the argument of ex
Senator Thurston, as did a number of
local members of the bar. The court
room held nnother overflow crowd. In
the afternoon those who listened be
yond the open, doors became so noisy
that Judge De Haven Interrupted Mr.
Heney and instructed the bailiff to
clear the hallways and close the doors.
Tomorrow morning District Attorney
Heney will resume his argument, but
how . long he will talk he has not de
cided. In all probability It will con
tinue Into the afternoon session. Judge
De .Haven s Instructions, which by the
way, may be long, will follow, and the
case will probably go to the Jury late
in the afternoon.
HJEJXEY ANSWERS DEFENSE
Declares Mitchell Has Been Indicted
lor Subornation of Perjury.
The Mitchell trial will not close nor the
case be placed in the bands of the Jury
before Monday afternoon. Senator Thurs
ton finished his eloquent appeal for the
sympathy of the Jury yesterday at noon,
and at the opening of the afternoon s-
slon Mr. Heney began his HoMiie- nA.
dress. He was interrupted by Judge De
Haven at 330 o'clock, however, and court
was adjourned until Monday morning at
10 o'clock, when the speaker will finish
the presentation of the Government's case
and the Judge will make his charge to
the Jury- It is thought that Tuesday
morning will see a verdict either for the
conviction or the acqulttnl of the defend
ant. Senator Thurston closed his argument
yesterday morning with a brilliant pero
ration and appeal to the Jurors on the
ground of the defendant's past years of
service to the people of the State of Ore
gon. He also paid a high tribute to the
District Attorney, saying that the whole
United States had been culled to find the
man best suited to the duties devolving
upon him here.
The questions asked by the counsel for
the defense were taken up by Mr. Heney.
who answered them fully. It had been
asked, he stated, why the Government had
not Indicted Frederick A. Kribs, the king
of the landgrabbers. The reason was
simple, and if tho counsel for the other
side had noticed theindictment they per
haps knew. All of the claims secured by
Kribs had been taken in 1500 or in 1301,
and for this reason all of the Kribs trans
actions were barred by tbe statute of
limitations and could not be reached at
the time the investigations commenced.
Tho Government had never offered any im
munity to Kribs. He was perhaps won
dering why he had not been indicted, and
would in all probability know for the first
time when he read In the papers why he
had escaped. If the Government had told
him why he had not been Indicted, It was
very probable that none of the checks and
papers and the testimony could have been
secured from him.
It would perhaps be wondered why. If
the criminal law would not reach Kribs.
why the civil law had not stepped In and
wrested the titles from the unlawful hold
ers of public land, but the people of the
state perhnps knew or would trust him
in saying that these, cases could be and
would be taken up and prosecuted at the
The question asked by Senator Thurston
as to why Mitchell had not been indicted
Ccattmi(a fie Psjrs -
PORTLAND, OREGON, SUNDAY MORNING,
mCH Ml TRESIS
WIFE LIKE SLAVE
Mrs. Annie D. Talbot
Sues for Divorce.
HUSBAND IS A MILLIONAIRE
Accused of Vicious Treatment
and Cruel Neglect.
SUPPORT $2500 A MONTH
William H. Talbot, the Big Snn
Francisco Lumberman, Defend
ant In Suit Which Shows
SAN FRANCISCO, July 1. (Special.)
Mrs. Annie D. Talbot iias filed a com
plaint in tho Superior Court against her
husband. William H. Talbot, praying for
separate support and maintenance and the
custody and care of their three children.
Vera, aged 14 years: W. C. Talbot, aged
12, and Eric Talbot, aged 10. She further
prays for possession of the family resi
dence at 26S0 Jackson street, $230 a month
for the support of herself and the children.
JSOOO for attorney's fees and 12500 costs of
The suit is an Illustration of the udago
that there are some things money cannot
buy. Happiness Is. one of them. The hus
band is president of the well-known lum
ber firm of Pope & Talbot, and Is reputed
to be worth In the neighborhood of 51.000,-
000. The home of Mr. and Mrs. Talbot at
Scott and Jackson streets Is one of the
finest in that fashionable and wealthy lo
cality, is assessed for 152.0CO and with its
furnishings cost probably over $100,000.
With this beautiful home, three 'bright
and pretty children to romp through Ifs
tapestried and velvcted halls, and mil
lions of dollars with which to satisfy every
whim and fancy, this four or five times a
millionaire could not buy that which fills
the homes of his laborers happiness.
Wishes Her Dead.
The wife tells a pathetic story in her
complaint of neglect, heartlessness and
"sneering Indifference" that she consld
ered brutal, of an assault in which her
arms were bruised and her wrist sprained.
of days and nights of weeping, days and
nights of illness in a hotel In a strange
city, during which her husband never
called at her rooms, of a statement ad
leged to have been made by the husband.
In which he said. "You may tie yourself
in an attic, or commit suicide, for all
care." Mrs. Talbot says her husband
falsely accused her of being "an opium
fiend"; that he declared that she was "not
a good mother and had neglected the
The wife's complaint, stripped of legal
verbiage and told in the first person, is in
part as follows:
"We were married on June 5, 1SSS, and
have three children, who are devoted to
me, and whom I love with all a mother's
love. For a number of years my husband
has disregarded his marriage vows, has
been extremely cruel and has wrongfully
inflicted upon me bodily injury and grlev
ous mental suffering.
3 lakes Life Unbearable.
"He has treated me so disrespectfully
that I am sick in body and mind. He has
accused me of undutlful conduct and ncg
lect of the children, while on the contrary
I have devoted my life to their care and
proper rearing. This charge he has made,
not- only In the presence of the children
but of other persons. He has falsely nc
cused me of undutlful conduct toward him,
also when he knows that I have been
dutiful wife. He has treated me with
studied indifference. Ignores "my expressed
and proper wishes and refuses to talk with
me on matters in which I am deeply con
cerned and declines to state wherein
have erred or been guilty of any impro
priety toward him or the children. He
has absented himself both by day and
night for Jong periods, and gave me no
reason for It.
"He has borne himself as though
was an inferior or a servant and en
titled to no consideration, sneered ut
me, unjustly criticised me and acted as
though I had no rights as a wife or
mother that he was bound to respect.
In April. 1900. I told him I was sick
both in mind and body and could no
longer endure his treatment. He then
wrote me a letter, promising, better
treatment, but he soon relapsed Into
the old ways
Promised Better Treatment..
"A year later. In May, 1901, he prom
ised and swore that he would act more
gently toward me, that he would be
unselfish and strive, to make my life
happy, but it was not long before he
resumed his cruelty. In the Winter of
190S I was In poor health, and in Feb
ruary I went to New York. He came
on in March and I met him at the depot.
kindly ana affectionately, out he re
pulsed me. On our way from the depot
to the Manhattan Hotel he acted so
coldly and indifferently that I broke
down and wept, whereupon he assault
ed me, bruised my arms and sprained
my wrist. We retired to separate rooms
in the hotel, and I sat up all night, cry
ing. The result was that I was 111 for
several days, but he .never came
"We returned to San Francisco April
9, 1903, ar(d on the way he was utterly
Indifferent to me. Arriving home,
shook his fist in my face,, and with
angry words and in a sneering manner
said be would do as he pleased, that
he would put me where I belonged, and
that I might do anything I wished tie
myb'elf in the attic er commit suicide.
for all he cared, and that I was nothing.
"In October he subjected me to gross
Insult and indignity; he would not per
mit me to eat at the regular dlnlng
table. to write or telephone my friends.
allow me suitable clothing nor leave
the house for a day. He took the chil
dren away, and for fbur months would
not permit me to zee nor communicate
Ith them. When I gently urged him
to give up or cease his visits to a cer
tain woman who had grossly Insulted
me. he in anger replied that he would
not. and that there were a lot of other
women he visited wnom l would not
like. When I urged him to resent or
protect me from the many Insults of
fered me by persons hostile to me, he
RESENTS FR0M SULTAN
Senator Bacon and Wife Have Audi
ence at Palace.
CONSTANTINOPLE, July 1. (Spe
cial.) United States Senator Augustus
A. Bacon, of Georgia, and his wife
weje granted an audience by the Sultan
this evening. The Turkish ruler dis
played marked courtesy toward the
Americans; and throughout the lntes.
lew was most cordial In manner.
The audience was arranged by Min
ister Lelshmnnn, who accompanied
Senator and Mrs. Bacon.
At its conclusion the Sultan conferred
upon Senator Bacon the grand cordon
of the Chefccat and offered to Mrs,
Bacon a gift of porcelain manufactured
in the Imperial potteries.
CONTENTS TODAY'S PAPER
YESTERDAY'S Maximum temperature. 8
dec.: minimum. 51. Precipitation, trace
TODAY'S Fair and warmer. Northwesterly
Mutineers said to have demanded food with
threats of bombardment. Page 1.
Russian standard floats from Knlas Totem
Vine. Pace 1.
St. Petersburg receives word of surrender
of mutineers, but Is In doubt. Page 1.
Odessa streets leading to tbe wharves are
guarded by soldiers. Page 1.
General Sarakon resigns as minister of War.
Minister of Interior Boullgan to be suc
ceeded by Count Ignatlefr. Pago 2.
Blots and murders reported from many
points of the empire. Page 2.
Flaxen locks of Maurice Warner, boy violin
ist, clipped by a barber. Page 2.
Texas stream, swollen by cloudburst, drowns
18 people Page 3.
Lucky ship chartered to carry nncaught flsh
to Japan. Page 5.
Wireless system succesful on Chicago &
Alton trains. Page 5.
Resigned preachv denounces Methodlst&,and
commits rulclds. Page 3.
"YelloH- perir scare in Great Britain camd
by decision or czar to rerus money in
demnity. Page 13.
Ambassador Von Xadolin receives reply to
German note from France. Page 2.
Germany Is very angry at Great" Britain's
influence with France. Page 2.
Uccf Trust Investigation.
Indictments returned against 17 packing
house official. Page 1.
Ten counts show violations of Sherman antl
trust law. Page 1.
Death of Secretary I Lay.
Telegrams of condolence pour in on Mrs.
liar. PBe 3.
Statesmen of old and new world Join in
paying tribute to tho dead Secretary of
State. Page 3.
Funeral will be held at Cleveland next
Wednesday. Page 3. (
William 11. Talbot, San Francisco multi
millionaire, sued for divorce. Page 1.
King of blJboy burglars sentenced to tea
yars. Page 4.
New gas that will not asphyxiate In San
Francisco. Page 2.
Klickitat farmers want high prices for rail
road right of way. Page 1.
Governor Chamberlain leaves state. Page 4.
"Holy Jumpers" get deranged roan's prop
erty. Page 5. ...
-Strike la Chicago.
Strikers get raffle tickets Instead of cash
benefits. Page 11.
Many labor leaders indicted by grand Jury.
Racing In the mud at the Meadows. Page 32.
Portland wins at lacrosse. Page 32.
Athletic Association reorganized. Page 32.
Gossip of the fans. Page 32.
Lou Houteman makes forecast of Root-Hart
tight. Page 10.
Chicago authorities unable to stop floating
poolroom. Page IS.
American athletes have hard luck in Eng
land. Page IS.
Americans compete for tennis honors in
London. Page IS.
Commercial and Marlae.
Few export orders for old flour. Page 33.
Active demand for Summer fruits. Page 35.
Country produce cleans up. Page 35.
Advance In' stock values fictitious. Page 35.
Chicago wheat market strengthened by re
ports of light yields. Page 35.
Grain stocks in California warehouses. Page
Tavorable showing made by New York bank
statement. Page 35.
Steamer Potter begins her runs to beaches.
Extra heavy shipping. day at San Francisco.
Lewis asd Clark Kxpesltlea.
Admissions. 17,154. Page 10.
Idaho at the Exposition. Page 30.
Camp life at the Exposition. Page 31.
Tacoma has big day at the Fair. Paga 16.
Sunday at the Centennial. Page 10.
Trail gives a parade. Page 1C
rertlasd and Vicinity.
Heney makes strong argument for the prose
cution. Page 1.
Dr. Lane has His first day as Mayor. Page. 17.
Budd will not b Police Chief. Page 24.
Jack Scott Identified as desperate burglar.
Use the press for suffrage urge the women
speakers. Page 10.
Aa a result of consolidation of county offices
deficit turns to surplus. Page 10. .
With Brewster in office. Democrats hope to
shake up Civil Service examination. Page
Fratares asd Departments.
Editorial. Page A.
Society. Pages 20-27.
Dramatic Pages 27-2S.
Music Page 2S.
Churches. Page 33.
Sane celebration of the Fourth. Page 3S.
Henry Chadwlck. father of baseball. Page-39.
American goods in Japanese markets. Page
Page of humor. Page 4L
Fashions. Pages 42-43.
Climbing Mt. Adams. Page 45.
Youth'a department. Page 48.
Raffies, the amateur cracks sain. Pig .47.
JULY 2, 1905.
IN MESH OF
Anti-Trust Act Broken
on Ten Counts.
SEVENTEEN ARE INDICTED
Chicago Packers Named .by
REBATES FROM RAILROADS
Net Brings in Officials of Two Com
panies Organized to Control
All By-ProductR of the
CHICAGO. July 1. The Federal grand
Jury today handed In a report indicting
17 men prominent In the packing Indus
tries of the country for violation of
the Sherman anti-trust law, and four
officials of the Schwarzschlld,: Sulzberger
Company, for alleged rebating to the rail
Besides these " Individual indictments
bills were voted against, five corporations
Armour & Co.. Swift & Co.. Nelson Morris
& Co., the Cudahy Packing Company
and tho Fairbanks Canning Company. The
men indicted for alleged conspiracy In re
straint of trade, which constitutes viola
tion of the Sherman act, arc:
Packers. Who Are Indicted.
J. Ogden Armour, president of Armour
Charles Armour, of Armour z Co.
Arthur Meeker, general- manager for
Armour & C6.
T. J. Conners. director Armour &. Co.
P. A. Valentine, treasurer of Armour
Samuel McRoberts. assistant treasurer
of Armour & Co. "
Louis F. Swift, prosident of Swift & Co.
Charles swift, of swtrt & Co.
Lawrence A. Carton, treasurer of Swift
Arthur F. Evans, attorney for Swift
R. C. McManus. attorney for Swift 4s
A. H. Veeder. general counsel for
Swift. & Co.
Edward Cudahv. of Cudahy & Co.
D. E. Hatwell. secretary of Swift & Co
Edward Morris, secretary of Nelscn
Morris & Co.
Ira W. Morris, of Nelson, .Morris & Co,
Indicted for Rebating.
The four employes of Schwarrschild &
Sulzberger who were Indicted for alleged
rebating with the railroads are all con
nected with, the traffic department of
the corporation. Their names are: Sam
uel Well, B. S. Cusey. C B. Todd ana
V. D. Shlpworth.
Tho Indictments voted for alleged viola
tlon of tho anti-trust law were identical
In each Instance. The indictments con
talned each ten. counts.
The first and second counts of the In
dlctments pertained only to beef sold in
domestic trade. The third count charges
a conspiracy In restraint of trnde and
commerce nmong the states and with for
eign nations In fresh, dried, smoked,
cured, canned and pickled meats and in
certain by-products of the packing in
dustry, vlx: Sausage casing. sausage con
talnere, oleo stock, stearine and oils, and
also in butter, eggs and poultry- This
count charges that -the trade which the
defendants were earning on In the above
named commodities was to be restrained
In several ways.
Partition of Markets.
First Competition the buying of cat
tie at the stockyards In different cities
was to bo prevented and destroyed by
the defendants, who required their pur
chasing agents to refrain from testifying
against each other.
Second Some partition as to the sale
of the above commodities In foreign and
domestic markets was to be prevented
and destroyed by the defendants fixing
noncompetitive and unreasonable prices
for such commodities, and requiring their
representatives of the- different markets
to-fix prices by agreement from day to
day according to what the market would
Third The supply of tho- above com
modltles was to be curtailed and re
stricted whenever necessary to main
tain the prices so fixed.
Fourth The United States was di
vided up Into territories between the
defendants, and each was to keep its
own territory without interference by
Packers Paid an "Ante."
Fifth There waa a division, as to the
volume of trade allowed to each defen
dant In a given market; if one packer
sold more than his percentage during
given week, he was obliged to pay an
"ante of so much per hundredweight
according to the territory In which the
matter occurred, into a pool to cover
the excess of sales, and this fund was
divided among the packers who fell
short on their sales.
Sixth Certain corporations, namely
the Aetna. Trading Company and the
Oppenhelmer Manufacturing Company
were to be appointed exclusive agents
of the defendants, to handle the saus
age casings and containers, and thes
companies were to make arrangements
with the several concerns which had
been handling such merchandise in th
markets of the world for working In
harmony and controlling the ontput
and price of the merchandise. ' This
scheme involved the destruction
"tanking of large quantities of cas
Jngs.whenever the supply was too
The Kenwood Company,-another cor
poratlon. was to handle oleomargarine.
oils and products on substantially the
same lines, excepting that there was to
be no destruction of these commodities.
These agents of the packers were also
to make contracts with small . packing
concerns throughout .Europe for their
output of casings, and these casings
were either to be destroyed or handled
in connection with the goods of the
The fourth count charges that the
same matters mentioned in the third
count as being In restraint of trade
and commerce constituted an offense
on the part of packers, to monopolize
such trade and commerce-
The fifth count specifically covers the
handling of the by-products, casings
and containers, oleomargarine stocks,
stearine and oils, and describes a con-
plrncy in restraint of trade to be ef
fective in the same way as set forth in
the third count with reference to all
of the products mentioned.
Monopolize Casings Business.
The sixth count charges the casings
conspiracy to he nn attempt to mon
opolize trade and commerce in that
commodity In the United States and In
The seventh count sets forth the par
ticulars concerning the organization of
the National Packing Company, and
charges that the object and effect of
that organization was to destroy com
petition, not only between the packers
who were Interested In the National
Packing Company, but between the
other ten small packing companies
which were consolidated by the device
of organizing the National Packing
Company, and this is described as a
conspiracy in restraint of trade and
The eighth count makes out the or
ganization of the National Packing
Company to be an attempt to monopol
ize the -same trade and commerce. The
tenth count relates to similar actions
In connection with meats and by
products. ' v
Took Rebates From Railroads.
The Indictment against Messrs
Well. Cusey. Todd and Sklpworth. of
the Schwarzschlld & Sulzberger Com
pany, charges that on February 3'. 1903
the four men conspired with others to
the Jury unknown to commit nn of
fense against the United States by so
liciting and accepting for the Schwarzs
child & Sulzberger Company from cer
tain railroads large sums of money as
rebates of the money paid and to be
paid by Schwarzschlld & Sulzberger
Company for the transportation of
A specific case was mentioned .against
Cusey as having occurred on January 22,
1904. when It Is said he presented to the
Michigan Central a claim for rebates in
favor of Schwarzschlld & Sulzberger.
which claim was numbered 10.510 by the
packing company; and P.167.2W by the
Michigan Central, amounting to J2978.S0.
A number of other cases similar In char
acter were mentioned against Cusey and
.he other three men. Appended to. the
Indictment was a copy of a letter al
leged to have been written May 19. 1904
iby Cusey to Asalstnnt General Freight
Agent Blrchett. of the Mobile & Ohio. In
which he declared that such business as
Schwarzschlld & Sulzberger had been glv
lnc tno railroad had ben diverted until
tbe company received more consideration
from the railroad.
Violated Shernmu Act.
Assistant Attoney-General O. H. Pagln
said In explanation of the Indictment:
"The Indictments are based upon the
act of Congress approved Tuly 2. 1SW,
popularly known as the Sllerman anti
trust law. The first section of this act
makes It an offenw for any person or
corporation to engage In any combina
tion In the form of trusts or otherwise.
or conspiracy In restraint of trade or com
merce among the several states, or with
-foreign nations. Section 2 makes It an
offense to monopolize or attempt to mon
opolize any part of such trade or com
merce, the penalty under each section
In case of conviction being a fine not ex
ceeding $5000. or Imprisonment not ex
ceeding one year, or both. In the discre
tion of the court. Of course, a" corpora-
'tlon could pot be Imprisoned, and In this
direction the punishment by fine is all
that can apply. In all other respects
corporations which arc artificial persons
stand In the same attitude as Individuals
under the law.
"The question as to what constitutes
a trust is not thoroughly settled. Some
autnorltles include Jn the definition of
a trust the Idea of placing stocks of
different corporations in the hands of
another corporation to be held in trust
and managed without the Interference
of the separate corporations which nro
thus, put In combination.
Depends on Definition.
"If this is the correct definition of a
trust the indictment In this case does
not charge the defendants with having
formed a trust, there being no allega
tion that the stocks of the large pack
ing companies are held In trust for the
purposes of management. It is true that
the Ptock of ten smaller packing con
cerns previously running In opposition
to the big packers was bought up by
individuals connected with the big
packing corporations, and placed with
another corporation, organized for the
purposo of holding these stocks the
National Packing Company: but this
indictment makes no direct charge
against the National Packing Company
or any of Its officers except such as
were officers of the big packing com
panies." Ball for defendants was fixed at
J5000, which they will furnish.
AVIIilj BE TRIED IX JULY.
Packers Shadowed, but Many Escape
CHICAGO, July 1. Trials of those under
indictment will probably begin in the July
term of the District Court. The United
States District Attorney's office, although
somewhat reticent, admitted that the
heads of the chief packing companies are
on the Indictment list.
The attack of the Government on the
so-called beef trust created consterna
tion In many quarters, but although It
was sudden, many men desired as wit
nesses escaped service. Some have been
found In Canada, some In Europe, and
others In various parts of the world,
where they are safe from the subpenas.
which are still In the han,ds of deputy
Leading packers were shadowed, and In
one Instance a stenographic report of a
conversation between two leading pack
ers In the lobby of a downtown hotel was
taken by a detective. At this time It
was discovered that private detectives,
acting for some of the packers, were
following Federal officials and secret ser
vice operators, making dally reports to
their employes. In their turn the Gov
ernment had . these detectives followed.
The investigation Is calculated to have
cost the Government $300,000.
PRICE FIVE CENTS.
Odessa Threatened by
ULTIMATUM IS GIVEN CITIES
Said to Have Resulted in Sup
plies Being Sent.
SOLDIERS GUARD STREETS
Public Is Xot Permitted to Approach
Any Point Prom AVhlch View
of the Sea Can Bo
ODESSA.-July 1. (10:30 P. M.) Matters
appear to be becoming .Increasingly se
rious. Although there is a flood of wild
rumors in circulation, It Is difficult to
ascertain the truth of any of them. .
According to one of these rumors, which
Is from an apparently reliable source, a
deputation of one man from each of tho
mutinous ships', the Knlaz Potemklne and
the Pobledonostseff. today visited the Gen
eral and notified him that unless the city
capitulated .to the mutineers within -IS
hours the warships would begin a bom
bardment. . v
Strong forces of military guard every
street leading to the harbor, and the pub
lic Is not permitted to approach any point
overlooking the harbor or the sea, even
In the suburbs, where the garrisons have
been strengthened by an addition of four
battalions of infantry and a battery of
artillery, tho latter of which has mounted
a heavy gun on the high ground In Alex
ander Park, commanding the harbor.
Many fears are expressed that the re
mainder of the Black Sea squadron now
here arid consisting of two battleships,
two cruisers and six torpedo-boats, will
Noln the mutiny.
RUSSIAN EXSIGX AT MASTHEAD
Report That Mutinous Crew Has
ST. PETERSBURG. July 2. (3 A. M.)
"The St. Andrew flag is now flying from
the masthead of the Knlaz Potemklne."
An Odessa dispatch received here at 2
o'clock this morning reports in these
words the surrender of the battleship by
her mutinous crew, and adds that a steam
er has gone out to the Knlaz Potemklne
with a supply of provisions.
This was the first definite statement re
ceived in St, Petersburg regarding the sur
render of the battleship, and the dispatch.
which leaves eo many details yet to be
cleared up. Is accepted here with caution,
and until it is fully established that an
adequate guard has been placed aboard
the battleship, and command restored to
her commissioned officers, apprehension
that the revolt will break out again will
not be ended.
During Saturday St. Petersburg was
without definite knowledge as to whether
the crew of the Knlaz Potemklne had- re
turned to Its allegiance or whether tho
revolt still continued and perhaps had
spread to other ships, and the Inability
of the government to announce an end of
the uprising gave rise to the darkest re
ports. The few dispatches which arrived
yest"-day through the official agency were
evidently carefully censored and lacked
reference to the mutiny, but the details
they have about the hurried emplacement
of coast artillery In positions commanding
the harbor and of the refusal of the au
thorities to allow the sailors of the Knlaz
Potemklne to purchase provisions seemed
to bode 111.
Vague Dispatch From Heenan.
American Consul Hecnan, at Odessa,
who on Friday announced the surrender
of the Knlaz Potemklne, yesterday sent
a panicky dispatch to Ambassador Meyer
"Terrible news." It gave a report that
other ships of the Black Sea fleet had mu
tinied, and declared, though not definitely,
that two warships, evidently the Knlas
Potemklne and the Georgl Pobledonost
seff, were In the harbor, but no mention
was made as to whether the revolt con
tinued. Altogether, it seems apparent that the
submission of tho sailors of the Knlaz
Potemklne to Vlce-Admlral Kruger's
squadron on Friday was only temporary
and that the mutineers had changed their
minds after their return to the harbor
and the departure of the squadron.
"Whether the crew of the Pobledonost
seff shared the disaffection Is not definite
ly known, but the Knlaz Potemklne evi
dently vacillated for a long time as to
whether they would continue the long
contest or throw up the sponge.
Ringleaders Have Escaped.
It Is reported here that 300 deserted from
from the Knlaz Potemklne during Satur
day and threw themselves on the mercy
of the authorities, thereby leaving the mu
tineers too short-handed to fight and work
their ship. Th6 report continued that the
Vechl's crew declined an Invitation to
come aboard, an Join the forces of the
Knlaz Potemklne, and that the surrender
of the battleship therefore was Inevi
table. It Is not known whatpunlshment Is In
store for the mutinous sailor?, though it
is reported that the government has de
cided to hang every fifth man. The chief
mutineers, however, who were under the
leadership of a former ensign named
(Concluded on Page 5.)