Image provided by: University of Oregon Libraries; Eugene, OR
About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 2, 1905)
Sinulmi jj &pimtait fir J 48 PAGES PAGES 1 T0 1 VOL. XXIV-NO. 27. INDICTS MITCHELL Subornation of Perjury the Charge. 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 Startling Manner. 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 session. 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 scored. 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 OTHER CHARGE 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 ator guilty. 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 escaped indictment. 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 first opportunity. 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 Sensational Charges. 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 suit. 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 children." 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 near me. "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 has declined." 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 Tho Weather. YESTERDAY'S Maximum temperature. 8 dec.: minimum. 51. Precipitation, trace TODAY'S Fair and warmer. Northwesterly wind. At Odessa. 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. Russia. General Sarakon resigns as minister of War. Page 2. 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. Domestic 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. JfcYirelgs. "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. ( Pacific Coast. 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. Page 11. Sport. 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 35. Tavorable showing made by New York bank statement. Page 35. Steamer Potter begins her runs to beaches. Page 10. Extra heavy shipping. day at San Francisco. Page 10. 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. Page 14. 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 24. 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 40. 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. BEEF MAGNATES IN MESH OF Anti-Trust Act Broken on Ten Counts. SEVENTEEN ARE INDICTED Chicago Packers Named .by GVand Jury. REBATES FROM RAILROADS Net Brings in Officials of Two Com panies Organized to Control All By-ProductR of the Packing-Houses. 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 roads. 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 & Co. 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 & Co. 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 & Co. Arthur F. Evans, attorney for Swift & Co. R. C. McManus. attorney for Swift 4s Co. 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 stand. 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 the others. 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 great. 1 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 packers. w" 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 foreign countries. 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 commerce. 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 goods. 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 to Canada. 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 marshals. 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. Lrnnn ncMmunrn iUUU ULlVmilULU I! H1EER5 Odessa Threatened by Potemkine's Guns. 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 Obtained. y 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 Surrendered Vessel. 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 beginning: "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.) v ri