Cortland Evening Standard, Friday, January 9, 1903.
END OF KIEHL CASE.
Both the Defendants are Discharged from Custody.
DISTRICT ATTORNEY CONSENTS.
Grand Jury Not Yet Reported, But Has Finished Consideration of that Case—District Attorney Goes Immediately to Judge Eggleston and Consents to the Discharge of the Two Imprisoned Women Under the Certiorari Proceedings that Had Been Instituted Before Him by Defendants' Attorneys.
At 2:45 o'clock this afternoon the grand jury finished its consideration of the case of Mrs. Maude C. Kiehl and Mrs. Addie Fenner, her mother, both of whom were under arrest on the charge of administering poison to William Kiehl, the husband of the former, and causing his death. Rumor at once spread from the grand jury room that no indictment against them was found. While no one would authoritatively affirm or deny this report its authenticity was strengthened by the fact that District Attorney T. H. Dowd proceeded at once from the grand jury room to the chambers of County Judge J. E. Eggleston and consented to the immediate discharge of both defendants under the certiorari proceedings which had been instituted before him by Davis & Lusk, the defendants' attorneys.
If the grand jury has found an indictment it is a pretty safe conclusion that the district attorney would not have consented to the discharge of the defendants, but would have filed his briefs in answer to the arguments of the defendants' attorneys. Since he did not, but on the other hand consented to their discharge there is excellent ground for the belief of no indictment.
An order was at once made out for their release, and was signed by the judge and was to be served upon the sheriff at once, following which the bolts of the jail will turn back and release the two defendants.
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| George Gray. |
JUDGE GRAY'S ADVICE.
Expressed Hope Union Could Be Cleared of Riot Charge.
OFFENDERS NOT DISCIPLINED.
Incident Was Brought Out by Question of Commissioner Parker If Two Men Convicted of Rioting Had Been Expelled From the Union—Mitchell Knew of No Expulsions.
Philadelphia, Jan. 9.—The principal feature of the proceedings before the coal strike commission was the exception taken by President Mitchell to a remark made by Chairman Gray that he would "like to see the miners' union come up out of the mire that is around the baser parts of it into the sunlight."
The miners' president said the union should not be indicted unless a connection could be shown between it and acts of lawlessness. The head of the commission replied that he did not wish to indict the organization but hoped it would disentangle itself entirely from the violence and lawlessness committed during the strike.
Outside of this incident the entire day was taken up in hearing the stories of non-union men or their relatives on alleged persecutions.
The Mitchell incident was brought about by Commissioner Parker. Anthony Ferguson of Mahanoy City, outside foreman at the North Mahanoy colliery, testified that he was beaten while on his way to work; that he recognized two of his assailants as union men, and that they were prosecuted and convicted. Mr. Parker asked the witness if the men were expelled from the union for what they had done, but the foreman did not know. Mr. Mitchell has stated on the witness stand that all members of the union found guilty of crime are expelled from the union.
Interest in Mr. Parker's Question.
Noting the interest the commission took in Mr. Parker's question, the lawyers of the non-union men called on Terrence Ginley, a member of the executive board of the union in the district where the assault was committed, for the information desired.
Ginley said he did not know whether the local union to which the men belonged took any action, and he went on to give a long explanation of how the local unions and individual strikers used every means to disperse crowds and help maintain the peace. The actions taken by the local unions he said were principally advisory. He told of the attempt made to keep the peace at Shenandoah before the big riot there and added there had been no disturbance until the coal and iron police were sent to the place.
Chairman Gray then asked: "So you wait for conviction by the civil authorities before disciplining your men? Do you think you can have effective discipline unless you make investigations yourself and bring the men up and punish them in same way? I ask you as a member of the order and as a man who would be glad to see your order come up out of the mire and the clouds that are around the baser parts of it, into the sunlight and into the air of free government and a free country."
"If it is proven that our men have committed acts of violence, there is no question about our disciplining them," replied the witness.
Discussion of Shenandoah Riot.
Then followed a discussion over the Shenandoah riot and the killing of a man and in reply to Mr. Mitchell's remark that it was not the miners who did it, Chairman Gray said: "But there was a crowd and as yet I have heard no evidence of a disciplining voice in that mob. No man there said: 'Shame on the cowards.'"
Mr. Darrow—"You must not expect the railroad company to furnish that."
The witness said that the union would prove that union men tried to prevent the riots, to which Judge Gray replied he hoped so.
There was a further discussion on the subject and then Mr. Mitchell arose and said to Chairman Gray: "I do not know whether I quite understood you in expressing yourself to the witness as to your solicitude for the organization that it should rise above the mire or that part of it should rise above the mire."
Chairman Gray—"Perhaps I may have been misunderstood. It was not an unfriendly wish that was expressed. I said I hoped it would lift itself out of the mire of the conditions created by these things which have been testified to, around its baser parts."
Mr. Mitchell in reply said that, while the commission is going to determine all the questions that are being presented here, there is a greater jury passing on the attitude of the strikers. "As to the action of our organization and the position of the coal operators," he said, "there is no doubt in my mind that many of the witnesses are brought here, and do not come as witnesses ordinarily do, to testify against the strikers and indirectly against the United Mine Workers. It does seems to me, unless there is some connection shown between the United Mine Workers of America and acts of lawlessness, the organization should not be placed under any indictment at all."
Chairman Gray said that he did not wish Mr. Mitchell to understand anything that he said indicted the organization.
"I did hope," continued the commissioner, "that it would disentangle itself entirely from these scenes of violence and lawlessness with which the strike was attended. They may have been exaggerated, as you contend. I am not passing upon that now. We are not saying that the organization is responsible for every act of violence, and we only wanted to see whether the organization had interested itself in maintaining the order which you have advised, and whether it has disciplined those who actually were convicted of disorder."
Mr. Mitchell said he did not know that any member of the union had been expelled, and added that unless more are convicted of violation of law the organization had no right to expel them and thus prejudice their case before the trial court.
Chairman Gray said that Mr. Mitchell's point was well taken so far as concerns those under indictment, but what he wanted to know was whether any of those men were ever called up who had been notoriously engaged in illegal acts and whether they were subjected to discipline by the organization. This ended the incident.
"Mr. Mitchell also testified that the union had spent nearly $400,000 in relieving the distress among the 30,000 or 40,000 strikers who were not members of the union."
PAGE FOUR—EDITORIAL.
American Investments In Mexico.
There is much of interest and significance in a recent report of United States Consul General Barlow, stationed at the City of Mexico, to the state department at Washington touching American investments in the republic of Mexico According to his statement, citizens and former citizens of the United States have above $500,000,000 invested there now in railroads, mining and agricultural and manufacturing industries. About 70 per cent of this capital is invested in railroads, being four-fifths of all that is so employed in the country, and this has been a potent force in developing other interests. About $80,000.000 of American money is invested in mining, introducing improved machinery and methods which have not only opened new mines, but made old ones more profitable. Progress in agriculture is less marked, and little more than a beginning has been made in manufacturing enterprises, but in those directions there is promise of great advance yet to come.
Mexico now buys 58 per cent of all her imports from this country and sends 80 per cent of her exports to our markets. Doubtless most, if not all, that appears as a balance against us is simply the proceeds or profits of investments there, which are remitted in the form of commodities whose value is realized on this side of the line.
All this has come about by the development of a stable government, largely due to the long and salutary administration of President Diaz. The progress made by Mexico in the last quarter of century furnishes a lesson for other Spanish-American countries, which will rise in the national scale and advance in prosperity in proportion as they maintain just and stable rule, making life and property safe and encouraging foreign capital to engage in the development of their resources.
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| Charles G. Maybury. |
HIS EASTERN TRIP.
C. G. Maybury Gives Impressions After His Return to Winona, Minnesota.
The Winona Republican and Herald of Jan. says: C. G. Maybury has arrived home from a month spent in Western New York amid the scenes of his boyhood and early manhood. He removed from there to Winona in 1850, and it was thirteen years since he had paid his last visit to his former home. Mr. Maybury has made his home here for forty-seven years, living in the house which be erected on the lot bought soon after arrival here at the southwest corner of Sanborn and Lafayette-sts. Mr. Maybury was wedded in New York several years before removing to Winona and on the fifth of next September he and Mrs. Maybury will celebrate their golden wedding anniversary.
In speaking today regarding his eastern trip Mr. Maybury said it had been very enjoyable, notwithstanding unfavorable weather conditions in the shape of severe cold and hard snows for a good part of the time. The places he visited included Marathon, Cortland, McGraw, Solon and Cincinnatus, all locations where he resided for a time in former years. He was born at Solon, and he spent Christmas there at the home of a brother. He spent New Year's at Marathon at the home of a sister, this being the place where he made his home for a couple of years after his marriage. At Cincinnatus, another place visited, he spent five years in learning the carpenter's and joiner's trade.
Cortland was the largest place visited by Mr. Maybury on his present trip, that being the leading city in that section of New York. It is not as large in population as Winona, but Mr. Maybury says it presents the appearance of a larger city and has if anything a larger business district. He explains this by saying that the families there are not so large as in Winona and require more houses to live in. Cortland recently had an experience with a trust. One of these gigantic corporations wanted to absorb the Wickwire company plant at that place, engaged in the manufacture of wire, and made an offer said to be in the neighborhood of $1,000,000. The owners, however, on learning that the intention of the trust after acquiring the plant was to shut it down, refused to sell and thus throw hundreds of employees, residents of Cortland, out of work.
Since his last visit Mr. Maybury reports the construction of a railroad through Solon, fulfilling the prediction made years ago by his father, who died in 1875, that a railroad would be built down that valley. The road is the Erie and Central New York.
In general Mr. Maybury reports that farming conditions in western New York do not seem to have improved over what they were fifty years ago. Many of the farms near his old home have been allowed to run down to quite an extent, although there are others that are well kept up. Notwithstanding that he is now well along in years, as are his associates of boyhood days Mr. Maybury had the pleasure of meeting many of them again on this visit, the climate of western New York being apparently as conducive to good health as that of Minnesota.
There is snow all the way between Winona and New York, the lighted depth being probably not less than 6 inches.
MILES OF CEMENT WALK
Laid in Cortland During the Last Two Years.
A total of $2,189.08 was paid by the city of Cortland during the year 1902 on cement sidewalk rebates. The city pays a bonus of 3 cents on each square foot of new cement walks that are put down, and in the year that has just ended nearly three miles of this kind of walk were laid.
Superintendent Becker states that in the year 1901 a little more than 3 miles of cement walks were constructed, therefore in the last two years 6 miles of substantial walks have been added to Cortland's list of permanent improvements.
Real Estate and Sales Agency.
Mr. A. M. Schermerhorn has established in the Schermerhorn building in this city [Cortland] an agency for selling, letting and exchanging houses, city lots and farms; for negotiating loans on bonds and mortgages and for selling hay, grain, straw, horses and other property. He will not buy hay, straw or grain, nor have any depots for the same, but act simply as agent. For instance, if a farmer [has] for sale any such property, or if any one desires to buy, he has only to notify Mr. Schermerhorn and he effects the sale. Mr. Schermerhorn has already secured the agency for the sale of the choice and desirable city lots of the Randall estate in this city. He was for about fifteen years in the business of selling harnesses, wagons, sleighs and agricultural implements, and is well and favorably known throughout the county, and we can assure the public that he will promptly attend to all business placed in his hands, and will deal fairly and honorably with his patrons.
BURIED IN CORTLAND.
Hiram Sherman Who Died in Dresserville on Tuesday.
The funeral of Hiram Sherman who died in Dresserville on Tuesday was held at the Masonic lodge rooms in Cortland this afternoon. Mr. Sherman was 74 years old and is survived by his wife. He was a member of Masonic lodge, No. 41, F. & A. M., and about thirty members of the Moravia lodge were in Cortland this afternoon for the funeral.
Workman's Relief Association.
The annual meeting of the Workman's Relief association of the A. O. U. W. was held last evening. The election of officers occurred for the ensuing year as follows:
President—S. P. Bulkley.
Vice-President—W. W. Jennison.
Secretary—Wm. Pearson.
Treasurer—Harry Swan.
Finance Committee—R. B. Innis, W. H. McDonald, Eugene Shattuck.
Pecos Tribe Installation.
The following officers of Pecos Tribe, No. 357, Improved Order of Red Men, were last night installed by District Deputy Great Sachem George H. Gleason:
Sachem—Frank J. Donegon.
Senior Sagamore—John Whalen.
Junior Sagamore—John Hayes.
Prophet—Arthur Scudamore.
Chief of Records—F. A. Dunn.
Collector of Wampum—Matt Ruoff.
Keeper of Wampum—M. E. Sarvay.
First Sannap—James Riley.
Second Sannap—F. C. Blankshine.
First Warrior—Karl Cole.
Second Warrior—Morris Lane.
Third Warrior—Daniel McAuliff.
Fourth Warrior—Charles Spencer.
First Brave—Thomas Kernan.
Second Brave—Thomas Kane.
Third Brave—Emmet Kane.
Fourth Brave—Harry B. French.
Guard of the Wigwam—William Spencer.
Guard of the Forest—Charles Dickerson.
Trustee for Eighteen Moons—Thomas Kane.
After the meeting there was a farewell smoker given by George H. Gleason who is about to remove to Watertown.
BREVITIES.
—Women own one-fourth of the real and personal property in Binghamton.
—The new display advertisements today are—The New York Store, Special sale of muslin underwear, page 4; G. H. Wiltsie, Saturday dry goods offerings, page 6; Opera House, "Alaska," page 5; Perkins & Quick, Pyrographic outfits, page 5.










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