LEXOW AS A WITNESS.
_—
The Conductor of Investigations at‘vthe
Cigarette Trial.
ARGUMENT OVER EVIDENCE.
The Defense Objected to Having the Sen-
ator Testify, but Judge Fitzgerald
Permitted Him to Do So—Tliat
Famous “Black List.”
New York, June 24.—Many persons
went to part four of general sessions
today, where the trial of the officials
of the American Tobacco company is
going on before Judge’ Fitzgerald, in
the hope that interesting arguments
might be heard over the question of
admitting Senator Lexow’s testimony
as .to what was brought out before his
trust investigating committee last win-
ter respecting the formation of the de-
fendants’ company. The question was
only touched upon before the adjourn-
ment yesterday, objection being made
, to the testimony by the defense, all the
lawyers finally agreeing to let the mat-
ter go over until today, when the court
was expected to pass upon the ques-
tions involved. Most of the attorneys
appeared in court early today, evident-
ly expecting. n interesting session.
Mr. Fuller of t e defense declared, be-
fore the proceedings were opened, that
testimony given before legislative com-
mittees had always been obtained with
the implied understanding that it
should not be used against the parties
in subsequent proceedings. That, he
thought, was distinctly understood at
the time that his clients, James B.
Duke and Josiah Browne, testified dur-
ing the city hall proceedings last win—
ter.
Senator Lexow was early in court,
occupying a seat within the railing in-
closing the space reserved for attor-
SENATOR LEXOW.
District Attorney Olcott held a
whispered conversation with the court
after the minor cases were disposed of.
neys.
Mr. Olcott then addressed the court
upon the question of admitting Senator
Lexow’s testimony, calling attention to
section 395 of the code of criminal pro-
cedure.
Olcott Carries His Point.
”We have nothing in the present in-
vestigation in the way of a compulsion
that that committee (Senator Lexow's)
could have exercised against Browne
and Duke to testify regarding these
matters against their constitutional
right to object. The law supposes that
every man knows the law.” Cases‘were
referred to supporting the contention
that witnesses must judge for them-
selves as to whether the testimony ask-
ed of them tends to criminate them or
not. Section 79 of the penal code, which
figured in the codrt’s decision of the
Sharp case and which was referred to
as having an important bearing on the
present case, did not, the prosecution
contended, interfere as to the giving of
the present testimony. >
Mr. Rollins, for the defense, declared
that they did not propose to make an
extended argument, but would Object
to the testimony on the grounds re-
ferred tolyesterday, that it was improp-
er, and it should not be admitted. This
closed the arguments, and after review-
ing the questions at issue in a few words
the court overruled the objection, and
Senator Lexow took the stand.
Lexow’s Testimony.
After telling of the appointment of
the committee and the men who com—
posed it Mr. Lexow said:
Mr. Duke said the American Tobacco
company had been formed as a result
of the combination of five concerns,
which he named; that certain other to-
bacco firms not in the cigarette busi-
ness had been absorbed; that the firm
reserved discretionary rights in the se-
lection of consignees, and that for a
violation of contract or agreement felt
that it had the right and acted upon
that feeling of cutting off consign-
ments; that the company was not a
monopoly, although it controlled be—
tween 80 and 90 per cent of the entire
output of all the factories in the United
States; that the only trade they con—
trolled was that in the special brands of
cigarettes which they owned; that
business had increased so largely that
many more persons were employed;
that they fixed the rates to be charged
and compelled the consignees to live up
to them. '
Then Mr. Olcott offered the "black
list” as evidence. .Mr. Choate and Mr.
Fuller objected strenuously, but their
protests were overruled and the list
went in. Then Mr. Olcott read the list.
It was a damning one for the trust.
The name of firm after firm was read
with the announcement of the reason
why the trust would sell the dealers
no more cigarettes.
In nine cases Out of ten it was for
“pushing the sale of Admiral ciga-
rettes.” In some cases it was for dis-
playing advertisements derogatory to
the American Tobacco company. These
advertisements bore the name of the
Admiral cigarettes, with the words, “Not
made by a trust.”
The list of blacklisted firms contained
names in nearly every state in the
Union, and in connection with each was
given the number by which the dealer
had been known, together with a refer-
ence to the books of the firm, in which
the details of the case could be found.
What Secretary Browne Said. "
Then the senator was asked 'about
the testimony of Secretary Josiah
Browne. He said that Mr. Browne tes-
tified regarding the schedules of prices
and the commission agree ,. 'nt of the
tobacco company. Mr. . Q ‘cott asked
him to identify a paper which he said
THE EVEN iNG'GAZETTE‘.
was a copy of schedules. Mr. Choate
objected, and there was a long argu-
ment. ' ~
“Where did you first get that paper?”
asked Judge Fitzgerald.
There was a general laugh when Sen-
ator Lexow replied, "I think from Ein-
stein & Townsend.” That firm is coun-
sel for the National Tobacco and Cig-
arette company, rival of the American
Tobacco company.
“Let Senator Lexow use his wonder-
ful memory,” said Mr. Choate, but
Judge Fitzgerald allowed him to look
at the boolr to identify figures as testi-
fied to by Mr. Brown.
There was a. long wrangle then over
Mr. Choate’s endeavor to learn the cir-
cumstances upderwhich he obtained
the schedule, but Senator Lexow could
not remember, and he did not know, he
said, just who gave it to him. .
Mr. OlcOtt wanted to have the report
of the proceedings of the investigation
admitted in evidence, but not all of it,
and there was another wrangle over
that. Part of it was admitted.
THE HOFFMAN TANGLE.
Theodore Figel, a Bookkeeper, Questioned
by the Coroner.
San Francisco, June 24.—At the coro-
ner’s inquest Theodore Figel, the book-
keeper for the firm of which the late
Isaac Hoffman was a partner, testified
that he last saw Hoffman alive at the
entrance to the store on June 1. He re—
iterated the story of the receipt for
$9,500, which he said Hoffman had given
to him in acknowledgment of sums
which Hoffman had drawn from time
to time without the knowledge of his
partner in New York.
Figel said he began to bet on the races
last Depember and had won $10,000.
With some reluctance he admitted that
Hoffman told him that he (Hoffman)
had hired a man to set the fire which
burned the firm’s store some months
ago. He also intimated that Hoffman
caused false entries to be made in the
books.
Daniel T. Ames, the expert in hand-
writing, was put on the stand and tes—
tified that the receipt for $9,500 purport-
ing to have been signed by Hoffman
Was a forgery.
lililitia to Protect a Negro.
Lexington, Ky., June 24.—Governor
Bradley has ordered out three compa-
nies of the state guard to accompany
George Deeming, the negro in jail at
Louisville, to Simpson county, where
he is to be tried. In the race war in
Simpson county a mob of men went to
the home of Deeming to klllhlm, and
he shot and killed the leader, a young
farmer named Conn, dispersing the
mob. The Simpson county Kuklux
have sworn to hang him. ‘
To Reform the Cannibals.
San Francisco, June 24.—The Morn-
ing Star, with its captain and crew of
Christians, is ready to make another
tour among the cannibal islands in the
south sea. The vessel will be manned
by men who will preach the gospel to
the natives. Two young ladies also
will go out as missionaries. They will
make their future residence on some of
the little islands, where they will con—
tinue their work for life.
Bushnell Renominated.
Toledo, June 24.—-The Republican
state convention today renominated
Asa S. Bushnell for governor of Ohio.
The nomination was made‘ by accla~
mation. Asa Jones was renominated
for lieutenant governor. J. F. Burkett
was renominated for justice of the su-
preme court and Frank S. Monett for
attorney general. M. A. Hanna was in-
dorsed for the senate.
The Sealark Missing.
London, June 24.——With one exception,
all of the ships assigned to take part in
the naval review at Spithead on Satur-
day have arrived Off that place and
taken their designated positions. The
missing vessel is the training brig Sea-
lark, which, it is feared, has been lost.
with all on board, inthe heavy gale
that has swept the channel.
A Painter’s Frightlul Fall.
New York, June 24.——-James T. John-
son, a painter employed on the Brook-
lyn bridge, while at work on the Brook-
lyn tower met a horrible death. He
and a companion were hoisting a scaf-
fold inside the structure when sudden-
ly the ropes gave way and Johnson was
precipitated violently into the well hole
of the tower,'120 feet deep.
Gold Shipments to Europe.
New York, June 24.——Lazard Freres
will export to Europe tomorrow $650,000
gold. With the export of $500,000 by
Kidder, Peabody & Co. of Boston this
makes the total gold shipments for to-
morrow $1,150,000, and the grand total
since the presentexport movement be-
gan on April 27 $20,841,722.
Miss Pabst Married.
Milwaukee, June 24.-—Miss 'Emma
Pabst, youngest daughter _of Captain
Fred Pabst, president of the Pabst
Brewing company, was married to Ru-
dolph Nunnamaker of this city. Rev.
William Streissguth, who married the
father and mother of the bride, offi-
ciated.
Chloroformed Three Families.
Hicksville, N. Y., June 24.—.-Burg1ars
entered the homes of Dr. Edward Rave,
William Braun and John Maleck, chlo-
roformed all the occupants and carried
away money,,jewelry and other arti—
cles aggregating over $1,000 in value.
There is no clew to the robbers.
Collector Kilbreth Is Sinking.
Southampton, N. Y., June 24.—The
condition of Collector Kilbreth is much
worse. He seems to be sinking rapidly
and his physicians have practically
given up all hopes of his recovery.
Big Bid For Galtee More.
Chicago, June 24.—It is reported here
that Marcus Daly has made the owner
of Galtee More an offer of $125,000 cash
and half of the horse’s earnings for the
famous English Derby winner.
Deaths From' the Rent.
New Orleans, June 24.—The intense
heat continues here. Five deaths have
been reported today, among them being
Bishop Dudley,
broker.
The President at Georgetown.
Washington, J,une 24.—The president
attended the exercises of the George-
town college and conferred the degrees
on the graduates. ~
a well known cotton.
SPORTS IN ENGLAND.
A member of Parliament. Writes a Review .
of British Pastimes.
The Hon. H. J. Gladstone, M. P.,
recently published a. long and exhaust-
ive review of British sports from the-
‘beginning of the Victorian era.
0n the subject of athletic sports he
said:
“Attention is more than ever given
to running, jumping and gymnastics.
The Amateur Athletic association con-
trols, with wise and firm judgment, the
vexed questions arising on the status of
an amateur. The National Physical
Recreation society, with its organized
classes under voluntary instruction,
numbering over 60,000, looks after the
physical welfare of the young people in
crowded districts. Every town now of
any importance has its own gymnasia,
and physical exercises now form part
of the curriculum in our national ele-
mentary schools.” '
In speaking of rowing the historian
touched with pardonable pride upon
the Henley regatta and the fine records
there made: ~
“In 1839 the famous Henley regatta
was instituted and has become one of
the sights of Europe. Regattas are now
annually held on the broader reaches of
all the more important rivers in Eng-
land. The annual Oxford and Cam-
bridge race, first rowed in 1829, has lost
none of its popularity. We haVe been
teaching the civilized world how to
row. The finest oarsmanship seemed
till comparatively recently to be our
exclusive possession. The four oared
race between Harvard and Oxford in
1869, in which the visitors were badly
beaten, was the precursor of other chal-
lenges from America, Canada, Austra-
lia and, last of all, France. For the
time, at any rate, the sculling cham-
pionship has passed to the colonies. And
quite recently, to the astonishment and
almost the dismay of Englishmen, a
strong London rowing club eight was
beaten on the Seine by a. French crew.
France has not been able to repeat her
victory at Henley, where, however, her
gallant representatives have received a
characteristically warm welcome. The
speed of races has greatly increased.
This is due to finer oarsmauship and
the improvements in boatbuilding.
The two principal changes have been
the introduction of keelless boats and
sliding seats. ” '
TALMAGE NOT A CYCLIST.
Still Be Thinks Other Ministers Should
Ride and Would Like to Himself.
“Do you ride the bicycle, Dr. Tal-
mnge?” the well known preacher was
asked not long ago.
“NO,” he replied, “I don’t ride. for
the reason that I would be sure to have
too many falls for comfort and then,
too, I am a poor mechanic, and if the
slightest thing got out of order with the
wheel I would never be able to repair
it, no matter how great the emergency.
I’m- a great believer in physical exer-
cise, however, and I ride horseback and
have a fine gymnasium up stairs, where
I spend a half hour every day. ” _
“But what do you think of the bicy-
cle as a means of locomotion for the.
clergy? Shall a minister ride just the
same as any other man, or is it a little
undignified for him to go spinning
through the streets on a bicycle?”
“Certainly ministers should ride if
they want to,” answered Dr. Talmage.
”As for dignity, I don’t see how they
can lose any of it on a wheel, but if
they do, why, it’s not much loss any-
way. I have seen ministers of the gos-
pel on bicycles in highsilk hats and
Prince Albert coats, their coattails fiy-
ing behind them. People on the side-
walks laughed, because it seemed a lit-
tle ludicrous, but what of it? If a min-
ister by riding on a wheel in that fash-
ion can make people laugh, which
means making them forget their trou-
bles for a very short time, why then
that minister has done a good and char-
itable action. He has been far more
righteous than if he had kept his dig-
nity and lost the opportunity of mak-
ing people laugh. Let the clergy wheel
away, I say. I would like to join them
if I could keep up with the procession.
But I couldn’t. I should fall off.”—
Washington Post.
HALE’
BALSAM
25CN
Ask Your Druggist
llEIlE’S roun OllAllOE.
A fine building lot on Wilton ave
true. If you intend to build, look at
this before purchasing.
Water, gas and sewer on the avenue.
Wlllbe sold at a Bargain.
w. H. avmcrou, "p
Real Estate and Insurance
Room I. Gazette B'l"d.
\
' LEWIS MAY
OF NEW YORK.
RICHARD A. MCGURDY, President.
Statement for the Year Endinrllecemher 3Isl, Ills.
According to the Standard. of the Insurance Department of the State of New York.
INCOME,
Received for Premiums - - - _
From all Other Sources
s 69,693,4I4 20
lO,lOO,28I Ol
‘ 3 WHEN
DISBURSEM ENTS,
To Policy-holders for Olaims by Dealli - - -
To Policy-holders for Endoilfnienls, Dividends, etc. - - -
For all Other Accounts - i .- - - .
ASSETS.
United Slates; Bonds and other Securities - -: - -
First lien loans on Bond end Norlgagc - - ‘ -
Loans on Stocks and: Bonds - - - - .
Real Estate - - - - — . _
Dash in Banks and Trust Oompanies - -
Accrued Interest, Net Deferred Premiums, etc. ” - 'A -
. ,
{'33:}.
$i|2,595,ll3 39
ӣ42,456 ll
lO,‘lOl,OO5 64_
636,2Ia,515 Ii'
6 I l O,l25,00Z l4
'll,543,929 .
ll,09l,525 00
22,161,666 so
l2,680,390 oo
' “LATHE “5
° 3 234,144,I48 ii
- zos,olo.633 12
s 29,133,517}
S 9l8.698.338 45
Reserve for Policies and other Liabilities - - -
Surplus . -
Insurance and Annuities iniorco - - -
I have carefully examined the foregoing Statement and find the same to be correct
liabilities calculated by the Insurance Department CHARLES A. PRELLER, Auditor.
From the Surplus a. dividend will be apportioned as usual
. Report of the Examining Committee
Office of the Mutual Life Insurance Company of New York ,1
TO THE HONORABLE, THE BOARD OF TRUSTEES on
THE MUTUAL LIFE INSURANCE OOMPANY OF NEW YORK
The undersigned, a Committee apppointed by your honorable body on the twenty-
day of December. I 896', to examine the Annual Statement of the-Company, and to
third
verify the same, respectfully
REPORT
That, pursuant to the power and authority thereby conferred, the Committee have at various dates between the date of the
said reference and the date of this Report attended at the office of the Company, and have been waited on by the Treasurer,
the Comptroller, the Auditor and and the Cashier, together With the the respective aSSIStants of such oflicers, and have care-
fully gone over all the items contained in the said Statement, and have found the same to be correct. They have examined
and counted every certificate of stock, bond and other obligation held by the Company, and compared the price at which the
same are carried in said Statement With the market quotations and find the same not exceeding such quotations—in fact, in
many cases below them. They have examined and counted the bonds and mortgages on real property held by the Company,
and find the same to be as stated. They have also verified the valuations of the Company’s 1101611185 0f real estate and have
verified the deposits of money in the various banks and trust companies, and have counted the cashon hand held by the
(1851:;er the Committee certify that all the books, papers. documents and evidences of title of every description necessary in
such examination have been freely submitted to the Committee by the said officers and their assistants, and that the same are
ate, in cod order and well kept. _ . .
accuznd thegCommittee further certify that the investments of the Company are of a high order, and that the-sysi e m and
methods adopted by the Company in recording its transactions and caring for the assets are entitled to commendation
' h is res ectfully submitted ROBERT ODYPHANT . 7J- HOBART HERRIOK
All of While P ' JAMES N. JARVIE CHARLES D. DIOKEY. J3.
JAMES C. HOLDEN CHARLES R. HENDERSON
NEW YORK. J ANUARY 25, 1897.
The company has issued an order whereby women can be insured without the extra
charge heretofore required. More definite information on the subject will be furnished by
the local agent, Mr. A H. Camp., w
. ' Board of Trustees
GEORGE G. HAVEN
ADRIAN ISELIN JR:
GEORGE S. BOWDOIN
THEO. A. HAVEMEYER
WILLIAM C. WHITNEY
WILLIAM ROCKEFELLER
JAMES N. J ARVIE
CHAS D. DICKEY JR.
HENRY H. ROGERS
JNo. W AUCHINCLOSS
THEODORE MOREORD
WILLIAM BABCOCK
STUYVESANT FISH
AUGUSTUS D. J UILLIARD
CHARLES E. MILLER
FREDERIC CROMWHLL
J ULIEN T. DAVIES
ROBERT SEWELL
S, V. R. CRUGER .
CHARLES R. HENDERSON
RUFUS W. PEOKHAM
J. HOBART HERRICK
SAMUEL D, BABCOCK
RICHARD A. MCCURDT
JAMES C. HOLDEN
HERMANN C. VON POST
OLIVER HARRIIIAN
ROBERT OLYPHANT
GEORGE F. BAKER WM P DIXON WALTER R GILLETTE
DUDLEY OLCOTT ROBERT A. GRANNISS H. WALTER WEBB ELRRIDGE T. GERRI
ROBERT A GRAN N 188 Vice-President.
rt
0
WALTER R. GILLETTE, General Manager.
ISAAC F. LLOYD, 2d Vice-President. ELEEEETEkggfiggfiIRfionéspogdmgmggcretary
M . EASTON, Secretar . ' , 315 11 core .
WILLIA J y FREDERIC CROMWELL, Treasurer. '
JOHN A. FONDA, Assistant Treasurer. JAMES TIMPSON. 2d Assistant Treasurer.
WILLIAM P, SANDS, Cashier. EDWARD P. HOLDEN, Assistant Cashier.
’ , EMORY MCCLINTOCK, Actuary.
~ JOHN TATLOCK, JR , Assistant Actuary. .
CHARLES A, PRELLER, Auditor. WILLIAM W. RICHARDS, Comptroller.
C. CLIFFORD GRETSINGER, Assistant Auditor. HENRY S. BROWN, Assistant Comptroller-
JOHN C. ELLIOT, Superintendent of Domestic Agencies.
EDWARD LYMAN SHORT, General Solicitor.
MEDICAL DIRECTORS: «.
ELIAS J. MABSH,'M. D' GRANVILLEJIMWHITE, M 5
JOHN w. NICHOLS "" "m ‘°".'.:I'.‘.I'I'.:I':.......
A. E—E. CAME.
Local Agent.
P
In
.171
a: .
Norwalk Chronicler