Evening gazette, Monday, June 28, 1897 · page 2

 

 

 

 

 

’I‘IIE CIGIIIIII‘ I‘ll TRIAL.
A serious Blovv—Zthninistered to the
Defense by the Judge.

QUESTIONS NOT PERMITTED.

Mr. Beaman “’35 Not [Allowed to Testify
That Kb Advised That the Agreement
I’Vas \Vithin the Law—Arguments
to Be Blade Next ltlonday.

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 nature 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 t8 him. After a con-
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-
ment so 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. Blackman 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 posilion. 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.
I‘his 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.
Choateoffered 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 ciauses 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.

Bombay, June 26.—A detective who
has been investigating the fatal shoot-
ing of Lieutenant Ayerst and the seri-
ous 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, Mrfand Mrs. James Elver-
son of Philadelphia and Mr. Bartlett
Tripp, the former United States minis-
ter at Vienna.

 

 

JUDGE‘FIIIQOURSELF

Which is Better, Try An
Experiment or Profit by

a Norwalk Citizen’s
Experience.

Something new is an experiment. 4

Must be proved to be as represented.

Be successful at home or you doubt
it.
The statement of a manufacturer is
not convincing proof of merit.

But the endorsement of friends is.

N ow supposing you had a bad back.

A lame, weak or aching one.

Would you experiment on it.

You will read of so many so-called
cures.

But. they come from far away places. -~

It’s different when the endorsement
comes from home.

Easy to prove that it is so.

Home endorsement is the proof that
backs every box of Doan’s Kidney Pills.

Read this case:

Mrs. C. Malone, who resides at No.
31 Plattsville avenue, has reached the
allotted span of life, being seventy
years of age and is the mother of eight
children. She says: “ I had kidney
and urinary troubles for years. Severe
headaches and scantiness of kidney se-
cretions. I got a box of Doan’s Kidney
Pills at Hale’s drug store. I did not
take them all for I did not. need them.
They cured me and I am glad to recom-
gipind them to anyone who suffered as I

1 .

Doan’s Kidney Pills do this if taken
as directed. They tone up the kidneys
and force them to perform their func-
tions properly. They actually cure the
most stubborn cases of kidney disease.
Doan’s Kidney Pills act. at once. You
can feel their effects in an hour or 50.
Try them for weak or lame back.

Doan’s Kidney Pills are for sale by
all dealers, price 50 cents per box, 6
boxes for $2. 50. Sent by mail on receipt
of price. Foster-Milburn 00., Buffalo,
N. Y., sole agents for the United States

Remember the name Doan’s and take
no other.

WITH HIGH WHEELS.
Sentry or Star Pointer \Vill Try to Lower
the Old Record.

fir. Tcwlrsbury, owner of champions
John R. Gentry and Iiobcrt J, has an-
ncunrcd that July 5 of Charter Oak he
will send whichever of his pacers he
does not start in the great free for all
pacing race to high wheeled sulky to
beat the record of 2:06};; established by
Johnston. It is most likely that Mr.
Tewksbury will not know himself which
one of his pair he will send on this
most difficult errand until some day
close to the race, for, of course, he will
naturally start the best one against Star
Pointer and Frank Agan. It certainly
is a difficult task Mr. Tewksbury in-
tends to set one or other of his pacers.
Since the bicycle sulky came into gen-
eral use no horse has ever yet managed
to equal, let alone surpass, the records
established by the old time record hold-
ers, though some few attempts have
been made to do so. It is in consequence
plain that the feat. is not easy of accom-
plishment. Furthermore, to be given
the best possible opportunity to do
themselves justice, when hitched to the
old fashioned track vehicle, the pacers
should be worked to the high wheels,
but to do so means to detract greatly
from the value of this work in prepara-
tion for the free for all pacing race to
be decided the same day as the attempt
against the watch is to be made. If the
chosen representative should be defeat-
ed in the race, the defeat will be a bit-
ter one and the value of his combina-
tion lowered. Consequently it seems that
Mr. TeWksbury has no right, in justice
to himself, to run any risks of not hav-
ing his candidate as far forward in con-
dition as can be got by July 5. It re-
mains plain, then, that the pacer which
is finally selected to pull the high
Wheels will be at a very grave disad-
vantage, and that his owuer is possess-
ed of more than average pluck and
sportsmanlike sentiment to be willing
to have one of his favorites make the
effort with the chances so very much
against him.

Some of the latter day admirers of
the harness race horse may figure that
there is such a wide difference between
the records of John R. Gentry or Rob-
ert J and Johnston—between 2:00% or
2:01}§ and 2:061/4—that it should be
little trouble for either of them to reel
off a mile to the high wheels in, say,
2:05 or thereby, but it must be remem-
bered that Robert Bonner kept stand-
ing for a long time an offer of a. prize
of $5,000 to go to the trotter pulling a
high wheeled sulky over a mile track of
the regular pattern, similar to that at
Cleveland, and that; no trotter has ever
yet beaten 2 :08% under these condi-
dons—Horseman.

 

What Did He lIIean? *

“What you fellows want to get is one
of these here—what. you may call ’ems
—oh, what; are they? One of those
things that tell you how fast you are
going—don’t you know what they are?"

The prisoners—for it was City Mag-
istrate Poole who spoke to two young
men who had been arrested for scorch—
ing—admitted that they did not know.

“ hat. do you call it, ofiicer?” quer-
ied the magistrate.

“Give it up, your honor. What do you
mean?”

“Mr. Clerk, what is it?”

“What is it, your honor? I never
wore one,” whisrsrcd the clerk.

“It; begins with a meter—it’s a meter
or something like that. It’s like a
watch, you know—what; do they call
them?”

The magistrate gazed hopelessly about
him for a moment and then smiled.

“Why don’t you buy chronometers
for your wheels?” he blurted out.

Instantly the courtroom was in a tit-
ter, and while the two prisoners stood
there dumfounded the magistrate
scrawled “$5 fine” across the aflidavits.

What did the justice Imam—New
York Journal. .

 

 

1

THE EVEN'QI’N G GAZETTE

 

 

TH E EVE N l N c

CHECKER-BOARD BUSINESS “DIREcTORY.

 

z TTE

 

 

NORWALK

Fire Insurance Co;

[11 Successful Oper-
ation Since 1860.

No Outstandinu Claims.

Sales For Beni-
VALIIABLES STDRED

IN
Safe Deposit Vault
9 or THE
NATIONAL BANK
OF NORWALK.

 

GAZETTE ADS.
BRING

GOOD RESULTS

 

Ii. Vlard Selleck,
BEST GOODS.
TEAS and COFFEES

‘ is WALL sr.

Geo. W. Raymond,
DEALER [N
St ap ie and Fancy
Groceries
AND
P r o v i s i o n s
No. 9 Main St.

 

 

 

 

 

Frank T. Hyatt.

DENTIST,

8 West Avenue.

 

 

Edgar Buttery?

N u rseryman ,
NOBWALK. CONN.
Trees. Shrubs and
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Brandy Wine, Rio and
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N urs’ys, Broad River.

I}

 

PIEL BROS’.

Real German Lager,
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and in Battles.
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IIATGIIFOIIII’S,

44" Main Street.

STORAGE I

Furniture or other
articles taken in
storage by the week,
month or year at low
rates. For terms ap-

ply to—

S. B. WILSON
fiBuilder. 92 Wall St-
Norwalk. Conn.

 

 

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NASH XIVANSCIJY

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FRED A. WALTER

MAKER or
AND DEALER IN
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Repairin of all kinds
done at s ort notice
Harnessmade tc or-
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31 MAI 1:1.
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STAMFOEID,’CQN I