THE EVENING GAZETTE \ TEE CIGIEET T E T ELIE. A Serious Blow Administered to the Defense by the Judge. QUESTIONS NOT PERMITTED. Mr. Beaman Was Not Allowed to Testify That He Advised That the Agreement Was “’ithin the Law—Arguments to Be Made Next Monday. New York, June 26. —There was every evidence today that there would be an uncomfortable session of the trial of the conspiracy charge against the di- rectors of the American Tobacco com- pany in part four, court of general ses- sions, before Judge Fitzgerald. The Temperature in the courtroom was in— sufferable, and jury, judge and lawyers alike appeared to be looking forward to the close of the trial. An idea of the net of the testi- mony that was to be offered by the de- fense was afforded by the opening ad-- dress of Lawyer Fuller. He said that he would have only four witnesses. Charles C. Beaman of the firm of Evarts, Choate & Beaman would testify that he and Victor Mora— wetz had drawn up the consignment agreement. This agreement forms the mainstay of the criminal charge made in the case. The fact that the agreement was made on the advice of counsel is intended to show that there was no criminal intent. To the other point, as to the effect of the agreement on the trade, two wit- nesses would be offered. They were President Blackman of the Wholesale Grocers’ association of New Jersey, Del— aware and Pennsylvania, and Mr. Dra- per of Fitzpatrick & Draper of Troy. Mr. Draper is a wholesale dealer in to— bacco. When court opened, Juror Foster Mllliken announced to the court that he had received word from New Jersey that his father was dying. He had not yet received any message to go to his bedside, ’but he was fearful that such a message might come after the jury was locked up: In that case no telegram could be sent in to him. After a com sultation it was decided to go on with the testimony for a time at least. Blackman on the Stand. Jonathan. H. Blackman of Trenton was the first witness. Lawyer Fuller’s first question was as to whether it was customary in the consignment of goods for both parties to enter into an agree— ment as to the terms. The district at- torney objected to the question. The court sustained the objection. A long series of questions of a similar nature were ruled out by the court. Mr. Blackman was not allowed to answer any questions bearing on the operation of the consignment agree- mentso far as it related to him. Mr. Fuller put question after question, which were all overruled. Finally he ceased. Then‘ Juror Bernhardt asked if Mr. Blackman received a commission for selling goods or paid for them outright. He said he received a rebate. ,Juror Milliken asked if he sold goods of the American Sugar Refineries com- pany was he responsible for the goods while he had them and sold them at fixed prices? Mr. Black-man answered “Yes" to all these questions. C. C. Beaman of Evarts, Choate & Beaman, who was consulted when_the consignment agreement was first drawn up, was the next witness. ' “Did Mr. Duke tell you that he want- ed to keep strictly within the law in forming} the American Tobacco com- pany?” was one of the questions put by Mr. Choate. It was the key to the Whole contention of this line of ques- tioning, but it‘was objected to and not allowed. “This is not asked for the purpose of an absolute defense," said Mr. Choate, ”but to show the good faith of these defendants; to show that they had taken advice of reputable counsel and acted in accordance. We are in 'a strange position, your honor, under this ruling. These defendants might be sent to prison for having something which they had been advised was proper by reputable lawyers.” A Shut Out For the Defense. Mr. Choate quoted previous decisions in support of his contention that the evidence Should be admitted. Judge Fitzgerald still sustained the objection. “Did not you advise that the incor— - poration was legal?” asked Mr. Choate. This was not allowed, and various ques- tions of the same import were ruled against. Then Mr. Choate asked the same sort of questions regarding the drawing up of the consignment agreement. Mr. Beaman said that he was consulted re- garding that agreement and he advised orally and by letter concerning it. Mr. Choate offered in evidence a written opinion on the matter that Mr. Beaman had rendered. It was objected to and was not admitted. When Mr. Choate finally started to ask Mr. Beaman if he did not advise that the agreement was perfectly‘legal, Mr. Carpenter objected to his even ask- ing the question. Mr. Choate said he would ask it even if he were punished for contempt. He asked the question. It was not allowed. nor were similar questions in regard to the legality of the various clauses of the agreement. In fact, Mr. Beaman was really not al- lowed to testify. He was not cross ex- amined, and Victor Morawitz, another authority on corporation law, who was consulted by the American Tobacco company directors, was called and had practically the same experience. Mr. Choate announced at 1 O’clock that the defense had closed. The case will be argued on Monday. The Native Outrages In India. gBombay, June 26,—A detective who hasbeen investigating the fatal shoot— ing of Lieutenant Ayerst and the seri- mis Wounding of Plague Commissioner .Rand, on Tuesday evening last, has been found insensible at the bottom of a quarry hole near the scene of the outrage. He was suffering from sev- eral wounds in the head, and is in a critical condition. Americans Coming Home. Southampton, June 26.———Among the passengers sailing for New York on the St. Paul are Mr. and Mrs. Potter Palmer of Chicago, Mr. and Mrs. James Elver- son of Philadelphia, and Mr. Bartlett Tripp, the former- United States minis- ter at Vienna. I I PAN-AMERICAN BXPOSITION. A Company Incorporated to Hold One at Niagara Falls In 1899. Albany, June 26.—Articles of incor- poration of the Pan—American Exposi- tion company were filed here and in Buffalo today. The board of directors will meet at the Transportation club in New York to organize. "' The Pan-American Exposition com- pany is formed “for the purpose of pro- moting and conducting an exposition to illustrate the material progress of the new world during the nineteenth cen- tury, the expositionto be held at some suitable location on the Niagara fron- tier in the state of New York and for other purposes.’ The exposition will open May 1, 1899, and run six months at La Salle, just out of the city of Niagara Falls, N. Y. A location has been secured on Cayuga island, which contains about 175 acres and is easily accessible fxom Buffalo as well as Niagara Falls. The exposition will be made especial- ly interesting on account of the .won- derful development of electrical power, it being proposed to use that power en- tirely in running the machinery, light— ing, etc. The incorporators include ex-Govern— or Rosw ell P. Flower, Hon. Chauncey M. Dcpew, F. B. Thomas, H. Walter Webb, Edgar Van Etten, Daniel 0’ Day and Hon. William F. Sheehan, all of New. York; John M. Brinker, Fred C._ M. Lautz, J. T. Jones, Charles R. Hunt— ley and Charles H. Haskins, all of But- falo; Hon. W. Caryl Fly and Burt Van Horn of Niagara Falls; Henry J. Pierce, Howard H. Baker, Hobart F. Weed, F. S. McGraw, Richmond C. Hill and Her- bert P. Bissell of’Buffalo. The directors for the first year named in the articles of association are Hon. Roswell P. Flower, Hon. Chauncey M. Depew, H TValter Webb, Daniel 0’ Day, Edgar Van Etten, William F. Sheehan, John M. Brinker, Fred C. M. Lautz, Charles H. Haskins, Charles R. Hunt— ley, F. B. Thomas, W. Caryl Ely and Herbert P. Bissell. The company proposes to begin im- mediately and actively the work of preparation for the exposition. A MISSISSIPPI LYNOHING. The State Troops \Vore Called Out by the Governor Too Late. Jackson. Miss., June 26.—Lieutenant Governor Jones today telegraphed Ad— jutant General Henry from Woodville as follows: ”The sheriff of Copiah coun- ty asks for 60 men to guard prisoner from mob. Take all necessary steps to comply with this request. If my pres— ence is necessary, wire me." Adjutant General Henry received an- other request from Crystal Springs asking that troops be sent and saying that the guards could not hold out against the mob much longer. The Cap— itol Light guards of this city got ready to leave at once on a special train for the scene of disturbance. A later telegram, however, from Crystal Springs says the negro murder- er was taken out of the jail by a mob and hanged. The negro was charged with.the mur- der of a farmer at Crystal'Springs. Finance Passengers Released. New York, June 26.——The passengers and crew of the steamer Finance, who were detained at Hoffman island, were released today, no other cases of yellow fever having developed. The Finance arrived last Monday with three of her passengers suffering with yellow fever. Three had died during the passage. The patients at Swinburne island will ' soon be discharged well. Hamilton and Sanger to Race. ‘ Denver, June 26.—An agreement has been signed for one of the most inter— esting bicycle race meets of the season. The principal events will be between W. W. Hamilton of Denver and Walter C. Sanger of Milwaukee, and the meet- ing is to be held July 16 and 17. There will be three races between Hamilton and Sanger for a bet of $1, 000. The Pay of Life Savers. Washington, June 26.—The compensa- tion of keepers and crews of life saving stations throughout the country here— after Will be paid to them monthly in- stead of quarterly as heretofore. A cir- cular letter to disbursing officers to that effect has been issued by General Su— perintendent Kimball. Black Snakes Chased Him. Rocq Hill, June 26.—A. J. Hoyt, a farmer, was chased from his pasture lot by three big black snakes. He ran upon the snakes unexpectedly, and they promptly showed fight. Charles Williams, a farmhand, went to the res- cue. He killed two of the snakes, and the third escaped. Laurier Reviews His Troops. London, June 26.——Mr. Wilfred Lau- rier, the Canadian premier, reviewed the Canadian troops today at Chelsea. At the close of the evolutions the pre- mier said, “In behalf of the govern- ment and people of Canada I congratu- late you upon your splendid appear- ance.’ Captain Woodbury Seriously Ill. Amesburyfi Mass, June 26.—Mrs. George T. Woodbury, manager of the Boston office of the Chicago Varnish company, and well known among var- nish men in the United States, is critic- ally ill at his summer home at Walbut Hill, near Amesbury. Electric Light Company’s Troubles. Lyons, N. Y., June 26.—The Holland Trust company of New York has com- menced foreclosure proceedings against the Newark Electric Light and Power company of Newark, N. Y., upon bonds of $50,000 held by the trust company. Death of General Harrington. Kalamazoo, Mich., June_ 26.—General George W. Harrington died last night, aged 60. He was born in Waterloo, N. Y. He fought in the civil war, was a Libby prisoner and was made general after the battle of Gettysburg.’ Royal French a. Suicide. Randolph, Mass, June 26.—Royal French, 56, committed suicide at his home here today by shooting himself with a revolver Medical Examiner Faxon pronounced the cause temporary aberration of mind. Baltimore Man Dies In London. London, June 26.—Mr. William Louis Winans Of Baltimore is dead. He was 75 years of age. ':1‘1'\EIIIS(‘ in 1.1.4 GAZETTE- :1“ Schulize’s Market. A FULL LIHE OF FRESH AIR BORED—— MEATS. Shoulder Steak ...................... 8c Rib Roast ....... . ....... ....."..>.....10 Fresh Pork .......... ............ 10 VealRoast......................,....1-i _———n 1111311 Hsu 11111... . .. VEGETABLES. PRICE 11m ouun‘v . . . . 31113111110111. PROHPT AHO EFFIOIEHT . ., . '. SERVICE. Paul 5 1111111118, J r SO. NORWALK. C OLUMBIALE, .. SURETY . .SFOHES? All spokes may break—the spokes that break the least are the spokes you want— the Columbia bicycle direct spokesoan’t easily break—they are almost spbkes of certainty—over 100,000 mileage without a broken spoke. Catalogue free if you call. F. S. AMBLER CYCLE 00., 29 Wall Street- OO YOU KNOW That you can save money by buying youi Meats 1nd Fish. at F. W. SMITH’S, 55 Main Street. Everything First Class. " OPEN EVENINCS LAWN__ MOWERS! PHILADELPHIA and FAVORITE, Car- den Tools, Rubber Hose, Wire Cloth, Window Screens, Screen Doors, Oil Stoves, Mixed . Paints. Lubricating Oil for Lawn Mowers and Mow- ing Machines, 5011 l'aezr-o'al. H. H. wuuumsfl 44 Wall St..Norwa1k,:Conn. INCORPORATED. 1824. Capital, 2C0.000 EDWIN 0.1111151”, President. DAVID B. MILLER, Vice-President. L. C. GREEN, Cashier. EDWIN 0. KEELER. Mossns HJGLOVER, 3 DAVID E. MILLER, A. J. ME‘EK'EBJ F. 813.101“ LOCKWOOD, THEODOBEIE. SMITH, IRA COLE, CHAS. F. TnIs'IEAm.‘ .. Accounts of Manufacturers, Merchants. and Individuals solicited. Safe Deposit Boxes lie to 111110141011. 1:111qu 1111101111. 11111: 26 WALL ST., NORWALK, CORPORATED SEPT. l. 1876. CAPITAL. - - - - - smoooc GEORGE M. HOLMES, President. . E. L. Borne, Vice-President. ‘ WILLIAM A. 0011119. ashier DIRECTORS : GEORGE M. HOLMES. P. L. CUNNINGHAM. E. L. Bonn. H. E. DANN. J T. Pnowrru S. H. Homms, J. OopsINs. J 1:. Illscouni iliiy, Saiurdav. Mrs. MHAD’SJ um... SOHO 0 At Hillside -’:- :--: NOW OPEN. ALL APPLICATIONS For admission sh01 made at Hillside. THE SILK AHO DRESS . OOOOS HOUSE. uusuu uuuuwuu, uusu unis, v ers. BOSTO STORE NORWALK. C-ONN. TAILEEIEIEE SUITS, EAT -_ INE SUITS. ET $75. 00 Bicycle given away Saturday night June 26th,189'7. Save your duplicate checks. MUSLIN UNDERWEAR. Our stock is the largest outside of New York and made by only first class mak= Corset Covers, 12 to 49c Drawers, 25 to 79¢ Night Gowns 39c to $1.75 Skirts, 39c to $2.69 TAILOR MADE SUITS. Our Suits are perfect fitting. 5 Eton Jacket Suits, 35 5. 98 10 18 9 5 66 66 7 50 ‘6 ‘6 6‘ 10.00 6‘ 6‘ 66 13.50 6‘ ‘6 ‘6 20.00 BATHING SUITS. Misses’ Bathing Suits, $1.75 Ladies’ “ “ was: 50 Separate Crash Skirts, $1.49 CRASH SUITS. ' 25 White Duck Skirts, 980 10 Crash Suits, $3 75 10 10 10 10 10 “ 4 25 66 6‘ 4.75 6‘ ‘6 5.50 ‘6 6‘ 6.50 6‘ 6‘ 6.75 1.98 to $4.50. 25 Blk, fig. Skirts, 35 5o 25 5o 10 2o Fancy colored Skirts, $3.98 Separate Bicycle Skirts, $1.49 to 4.98. 6‘ 6‘ 66 ‘6 SEPARATE SKIRTS. 980 “ $1.25 6‘ 6‘ 1.98 66 6‘ 2.50 6‘ ' so _ 2.75 Silk “ 7.25 Shirt Waists, 39c to $2.25. Silk Waists, $1.98 to $5.75. Ladies’ Bicycle Capes, 19 and 25c. Children’s Hats, 19c to $1.50. Men’s Bathing Suits, 50c to $3.50,. Any Cape or Jacket at Half Price. DRESS GOODS. Wool challies, 19c. 36 in. Mixtures, 25c. 52 in. Suitings, 75c. 15 Novelties Dress Patterns, $7 & $8. WASH GOODS. 390 All Linen Batiste, 19 25c Organdies, 12 1=2 18c Lappet Lawns,,12 1=2 19c Dimities, 12 1=2 25c Imported Ginghams, 12 1=2. KITOHEH FORHISH' IHOS, HATTIHOS AHO OIL OLOTHS. Five Hundred Ladies’ Bells. Fifiy Dozen lion’s Outing Shirts. ColfSiockincs, 50, 15 and SLOO. Hand Satchels and Travelling Bags. Screens and Screen lloors. Five Thousand Ladies Ties. Dress Suii Cases. Combs and Hair Brushes. Fruii Jars. 13$ REMEMBER AND SAVE YOUR DUPLICATE CHECKS! $15.00 BICYCLE 5111111 AWAY! SATURDAY NIGHT, JUNE 26, AT 10 r. M. PLATE GLASS IN THE Mutual Plate Glass insurance Company, At HALF THE RATEOharged by other stock Oompahies‘ ROOIVI I, GAZETTE BUILDING BOSTON STORE, EDNITERMAIN AND WALL STREETS, NORWALK, 0T. INSURE YOUR OF CONNECTICUT; W. HI BYINGTQN, monwnnxa A... .» ”flew-3a.... ,, ._ _, .1,“
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