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Athens Daily Messenger: Saturday, January 6, 1912 - Page 1

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   Athens Daily Messenger (Newspaper) - January 6, 1912, Athens, Ohio                                 ♦♦♦♦♦ ♦++++ ♦♦♦♦♦  2 Not many employers will £  ▲ talk business with work- ▲  ▲ hunters who can not be ▲ £ reached thru want advert is- X  ins in this city this week. X  ♦♦♦♦♦ ♦♦♦♦♦ ♦♦♦♦♦  €ljc 3itl)cit0 Pnilij JHc00citijcr.J  ♦♦♦♦♦♦♦♦♦♦  WEATHER INDICATIONS.  Snow, probably heavy, tv-night. Sunday cold and clearing.  VOL VII—No. 34  THE HOME PAPER OF ATHENS ANO ATHENS COUNTY, OHIO.  ATHENS, OHIO. SATURDAY EVENING, JANUARY 6. 1912  ♦♦♦♦♦ ♦♦♦♦♦ ♦♦♦<  PRICE TWO CENTS  CONVENTION  I  Two Contests Will Also Engage Democratic Convention  MEMBERS MEET IN CAPITAL  Palmer In Pennsylvania and Vertrees In Tennessee Try Hard to Break Into National Campaign Organza* ticn — St. Louis Representatives Ready to Spring 1150,000 Check In Support of Claims For National Convention.  Washington. Jan 6.—According to Norman E. .Mack. chairman of the idiocratic national committee, there ii every indication thai the deliberations of the committee, which will begin al noon Monday, are to continue through a couple of days. ThlH was also the opinion of Herman Ridder, treasurer, and Trey Woodson, secretary of the committee.  The contests for committeemen in Tennessee and Pennsylvania were flied with Mr. Mark. Ka ch consists of SO typewritten pages. R. E. L. Moun*< turtle of Tennessee and Representative A. Mitchell Palmer of Pennsylvania called on Chairman Mack. and each contended that he had 27 votes at bis back out of a total of 52.  Senator to Conduct Case.  As a matter of fact. MounHastl# Is on th^ roll of the committee, and Colonel James M. Guffey is on the roll as national committeeman from Pennsylvania. John J. Vertrees, named by the Democratic state committee of Tennessee as Moupteaatle’s tiiccescor as national committeeman, and R« presentative Palmer, named as national committeeman by the Penn-sylvanl*Democratic state convention. • re to appear before the committee as contestants Senator Taylor is to conduct the case for Vertices, while Senatoi {.ca of. the same state is to make the fight to keep MountcgitIe on the roll. Representative Palmer Is to argue his own case and Colonel Guffey is to be represented by an able fighter.  Colonel Bryan, who is to arrive here tomorrow, favors retention of Mmintcastle. At the same time he Is opposed to the retention of Guffey.  The St. Louis folks who want the convention are in town. IOO strong. They brought their fat check of 9150.000 with them. They * aromed on to the Baltimore crowd, headed by Robert Crane, who bad tucked away in his inside pocket a check for $100,000. Crane and the Ft. Louis folks lr. the corridors of tho New WUliard discussed the respective merits of their cities  \meaVille. Ohio, Jan. ti William Fleming, 63, prominent merchant and farmer of Federal, died at 3 o'clock this morning at his home, after an Illness of several weeks. Septic gangrene caused his death About three weeks ago he suffered a si roke of paralysis, Lapsing him to lose the use of his body from the wai t down. His death had been expected for several days.  Mr. Fleming was the second son of Mr. and Mrs. Daniel Fleming, and leaves a wile. four children, Charley  PRATT WILLING WITNESS  Helps Government's Case Against Indicted Meet Packers.  Chicago. Jan. 6. When Jerome Pratt, formerly an assistant manager for Armour * Compaa', wag called to the witness stand in the Cml States distrk t court here. his appear snce and his testimony fell like bomb in the camp of the IO indicted packers. Pratt proved a willing wit ness for the government. He bolstered up every claim tile govern meat has made concerning the old pool methods. His testimony brought the plans and actions of the pool up until within 14 months of the statute of limitations.  Robbed the Mail Car.  Redding. Cal.. Jan 6. — The mail car of the Oregon express on the Southern Pacific was robbed of ah eastern registered mail by two mask ed men Three mail deiks wei bound and gagged by the robbers who entered the car while tile trai was between Red Bluff aud Redding The ti ain pulled Into Redding an the robber?, carrying then loot, droti ped off and escaped.  T CANCER PROVES FATAL  Wife rf Justice Day Passes Away st Canton, Ohio.  Canton. O.. Jan. 6 - Mrs William R. Day, wife of Judge Day of the I nited State# supreme court died in her borne here from cancel of the s6lne. Her husband has bec i at net bedside all winter, refusing to leave 'tier to attend the sessions of the su preme court.  She is the mother of Culled States Judge William L. Day of Cleveland and also of Attorney Rufus and Luther Day of Oleve’and. The fourth son, Stephen, is au attorney of Chicago. The four sons were at her hedsid * when death came.  HAWTHORNE IN COURT  8on of Noted Author Denies Fraud In Mining Deals.  New York. Jan. ti.—Julian Haw thorne, son of Nathaniel Hawthorne, and a wrfter who switched his pen from novels to mining literature a few years age. appeared with ex Mayor Joslah Quincy of Boston and he others associated with them in number of Canadian projects, bt* fore Judge Hough in the < liminal branch of the United States district ourt, and pleaded not guilty to fixe Indictments charging them with usiug the mails to defraud.  Picked Up at Sea.  Cherbourg, Jail. 6. A fisherman picked up a bottle in the sea which contained a check for $5 Issued by-John Schmidt of Veil ting, Neb. A note attached to the check stated that the finder could have the money anet that the bottle had been thrown overboard from tile steamship George Washington on Nov. ll.  OI FEDERAL. DEAD  Tominent Merchant and Farmer Passed Away Early This Morning  ATTORNEY FOSTER FOUND GUILTLESS  Report oflnvestitfatin^ Coin inittee Read to Bar Members Yesterday  At the filial session of common pleas court of the October term held yesterday afternoi ii, Judge Wood called the members of the bar lo gether to bo present at the reading of the report of the committee lie had appointed to investigate the charge-., of unprofessional conduct involving moral turpitude brought by Mayor Ray Gardner, of Chauncey, against Israel ii. Porter, of this city. Nearly all of the members ofc the bar were present when tile report, which stated that the members of the committee had found that none of the ten charges made by Mayor Gardner had been made out sufficiently to warrant the preferment of any charges, was read.  The committee, Attorney Sam M. J ob nae ii, of this city. Attorney J c\ Brennan, of Marietta and Attorney Frank A. Jeffers, of Woodsfield, met in Marietta on Thursday to consider the evidence taken at the hearing held here some days ago. The members were iii session Thursday afternoon and evening and Friday morning and Attorney Johnson brought their report to Judge Wood yesterday afternoon.  The rejK*rt follows:  To Hon. Joseph M Wood. Judge of the Court of Common Pleas of Athens County, Ohio Sir:-  Your committee heretofore appointed to investigate and report to your Honor on the charges preferred by ton Ray C. Gardner and filed with you. (barging one Israel M. Foster, one of the attorneys at this bar, with unprofessional conduct involving  Bought Aumiller Residence  rho neat little pressed brick Au miller residence on College street, the properly of Mrs Gladys \uiuiller Bartlett, was on yesterday purchased by Mrs. W It lawrence ,wb<> will continue to rent tho property It Is now occupied by Mr Had Mrs Kvan Jones and is one of the neatest homes iii the city The consider;!.!ion in the transfer was $4,00b.  ATHENS LOST HY A VERY SKALL SCORE  Parkersburg’s Weight Won Out in Second Half— Game To-night  of Federal:    Austin,    of    Stockport.  Mr*. Riley Morris, of Trimble, ami bioral turpitude, and with misconduct j ;y #nn   Mrs, Kd McCune, of Trimble, an aged father, and several brothers and sisters. He was one i f a family of 13 children.  The funeral will be held .Monday afternoon at 12:30 at the M K church at this place and burial will be made la the Fleming cemetery. Rev. Cheadle will officiate at the funeral and burial Mr. Fleming was born in Ames township on January 7, 1849. aid lie grew to manhood on his fathers farm. On September 7, 1871, he married Jane Smit*!, daughter of Mr aud Mrs. Edmund Smith.  He was known to all as an upright man who bed the respect of everyone. He was always ready to help the needy and his place in this township will indeed be hard to fill.  The Athens high school basket hall team journeyed to Parkersburg last evening and was defeated by the I' H >4 by a score of 20 to IT. id a very fast aud clean game, that was mark cd by greut guarding on the part of Athens and the absence of fouls oil both sides.  At tho end of the hist half the score was 8 to 4 in favor of A Ii. S.. but iii the second half, the superior weight of Parkersburg wore the local boys di wa aud forced them to play largely on the defensive Even ut that, the victors had a baul tight to win tho game. Captain I** Roy, id Athens, was tho particular star and Rush Finsterwald play od a great Neale, a man twice his size, and a guarding game against “Greasy’** former Marietta college basketball man. Neale was able to throw but very few baskets while much was expected of him. Parkersburg had a very heavy team but they played a clean game. Athens high plays Nelsonville next Friday evening.  Athens lined up as follows: guards R Finsterwald aud Parker; center, I** Roy; forwards, Pickering and  Darby Child Dies.  William Cyril Darby, the 13 months j old son of Mr. and Mrs. John William Darby, of Elliott street, died this morning at ll p'clock. of pneumonia, having been tit one week. Tho funeral will he held some ti ne Msftijuy, but definite arrangements have not yet been made.  in his office as an attorney at law, and seeking his disbarment, beg to report;  Thai wt have diligently endeavored to arrive at the truth as to each and every charge and specification proteriid in this matter, and in doing so have heard about sixty witnesses besides numerous lvages of documen tarv and other evidence, and tilt* ar-laments of counsel, and have carefully read the exhaustive briefs of counsel on both sides, having apent four days in the hearing of the matter, in addition to the time taken by us in the examination of the evidence ami briefs. Upon a careful and painstaking investigation of the same, we do find and say that none of the charges so made against tho J said Israel M. Foster have been made j out sufficiently to warrant your coni mittee in preferring any charges j against tho said Israel M. Pastel j either for misconduct in office or for unprofessional conduct involving; moral turpitude, and wa rojtort ml-J versely against each and all charges and specifications ho ferred by said Ray C. Gardner.  And >fir committee, having pitted it* duties, prays that it  I This evening at 7:30 the 'varsity and university alumni will play has ketball at the gym. The alumni will line up as follows: Guards, Tewksbury and Bingman; center, Wood: forwards, I-ewls and McCorkle. Gib son, Kenney, Shields, Miller, Kl I bury, and Nutting will all appear on th ’varsity team.  DRAWN YESTERDAY  Veniremen for Next Term of Court Taken From the Wheel  •  <'b l k Moore aud Sheriff Mulligan •to** ( yesterday afternoon drew from th* to 1 ' ;county jury wheel the names of 33 com- I®** "too are to serve as grand and any I petit Jurors at the February term of  ENTIRE COUNTRY IS IN WINTER’S GRIP  b<  discharged. Res pc  Old Boreas Sweeps Down From The Northwest.  New York Jan 6 Fresh from the frigid north well. where xsio tem peratures ruled, a gale fuze up eveythlng liquid except the salty waters of the Atlantic ocean.  The cold wax** enveloped the entire continent The coldest place on the map was Q’Appelle, away up in Saskatchewan, where the thermometer registered 20 deg:eos below zero. And it was not so warm in some paris of tile stales, notably st Moore-head. Minn , where it wa* 24 below. Williston, N. Ii., and Huron, S I J., j where it was 20 below. Even Chi-! cago had 8 below, and the mercury ‘ hit the bullseye at Dayten. (J., aud * was only 2 above ut Pittsburg.  Eight Freeze to Death.  Winnipeg. Man., Jan. 6.—Mounted policemen have rejnirtcd thru eight bodies—those of six men. a woman and a child—were fouud frozen under jsonat conduct toward tile great snow that has fallen within toward tho court, the last 48 hours in the territory 80 I Th court held that  I fully submitted.  J. Ch Brennan F A Jeffers S. M. Johnson January 5th, 1912.  iii speaking of the report Judge Wood stated that he did not know whether cr not it called for remarks by him, but that he had decided to sa' a few words regarding the case. Th- ease was a very unpleasant one for him to have to handle from its nature, lait the court stated that he had tried to pick a fair and impai-tial committee of attorneys to investigate the charges and believed that lo* had succeeded. This com nit tee, tile judge said, had made an even more exhaustive investigation than lie had expected and the hearing had been public Th * court said that he had < bserved that a great deal of bitterness had existed between the parties and the attorneys in the hearing, and now that if was all over lie hoped ttn* verdict, of the committee would be accepted by the members of th* bar as it should he and that mere would lie no bitter feeling left. The judge said that he had always been proud of tile good feeling that had existed among the members cf the Athens county bar aid that life was too short to hob) maine The attorneys, he said, should always he careful of their professional and per-aeh other and  Hanna's Lieutenant 6ets Back lo Political 6am&  WILL SMOOTH OUT WRINKLES  ATTORNEY ISRAEL M. FOSTER,  Who was exonerated by a court commute# from the chargee brought by Mayor Gardner, alleging unprofes elonal conduct, involving moral turpitude.  OCTOBER TERN WAS ADJOURNED FRIDAY  ’eburary Session of Common Pleas Court Opens in Few Weeks  GOT VINDICATION SAYS RAY GARDNER  Ex-Mayor of Chauncey Interviewed ort^fceport of Probe Committee  the ofinial ru<-  miles north of this city. The child was clasped to the woman'-* bosom.’ The bodies were found at the edge of a ranch. Three dead boro * were found in harness neat the bodies A covered wagon, empty. save 'or a few  (Continued on Fag* Two.)  Ord of the hearing should be put on the court journal, beginning with his appointment of an 'investigating committee and this committee's report. Mayor Gardner's chargee, he held, were not a court root,rd and  (Continued .on Pago Two )  court, which will open February T The grand jury will report for duty at IU o’clock < n the morning of Mon day, February 5, and the petit jury a week inter at the same hour.  The names of the jurors, which th sheriff Is now serving, follow Petit Jury.  J. W. Marshfield, Rome; Frank Moore, York; Bim I’oaton. Athens W. It Goddard, Bern; Ed Chase, Cai Hinge; F. M. Barker, Waterloo Waldo Baird, Canaan. Henry Mart man, Trimble; S. T Dunlo*-. Troy Emmett Linscott, Ame*; Robe Dorm, York; Charles Maxwell, \rnens John Blake, Alexander; Lewis Fins-terwald. Rome; Frank Pierce, laid I; Henry Nelson, Athens Joseph Barker, Athens; Joha Mohl**r, Athens. Grand Jurors.  Barney Hill. Athens, John llen-shaw, Trimble; Floyd I-owry, York; O. C. Howard, Dover, 1. M. Vaughn, Trimble. W () Stout, Carthage; George Myers, York It. E. Linton, Rome; J M I gin ta York; John Featherstone, Rome C.    Bean,  Rome; Charles Judy, I/*<*, M. T Walsh. Athens, lei Howard, Arnes, Ham Baughman. Waterloo  Thirty-two Took Monthly Exam.  Thirty-two took tho January t*>a*'!:-ers examination, whit h was held at the Athens high school building ti -day. Of this number, 30 sought elementary certificates and but two tried for high school certificates. Examiner Bryson, of Glouster, war not able to be present  Common pleas court was adjourned yesterday afternoon sine die The February term will begin with the  on veiling of the grand jury on Monday. February 5.  Judge Wood took up several matters which have been (tending and decld«Hl them;  Motions In the Krepple and Spray vases from Nelsonville were overrul'd. In these aid ions suit on bonds n liquor cases were brought.  The court reversed Mayor Gardner in the case of Lewis Nagy, a Hungarian of Chauncey, who was found guilty of keeping a place aud tim’d in the court of that village. Judge Wood held that the verdict of Mayor Gardner was not sustained by the evidence in the case. The <*ourt slated that while liquor was fouud at Nagy's house aper a celebration of foreigners, there was no evidence to show that the house was a place of public resort.  Nagy’n fine was paid to Mayor Gardi et* and will now have to be returned to him. According to Treasurer Minister, of Chauncey, Nagy stands a poor ciiauec of getting ills money for some time as he states that til** outgoing officials of Chauncey had spent so much money that he village was now about $200 in debt. Judge Wood silted that lie had no way of seeing that Nagy got his money back.  The court passed on a motion iii til*’ damage suit brought by Robert Baker against The Claysville Tole phone company. Parts of the motion were sustained and parts overruled.  a new plead it hts horse  Ray C Gardner, ex mayor of Chauncey, was Iii the city this morning, aud was asked by a reporter as to what he had to say about the report  of the committee filed yesterday in court. Ile said:  “I do not have much to say further than that I have been grossly  libeled by Mr, Foster, by the pleadings filed In the court of common pleas. I have been advised by attorneys outside of Athens that the act was grossly unprofessional on the part of Mr. Foster. I have read and beard read court decisions holding sinh conduct libelous aud unprofes stuns I, anil I therefore founded the charges iii good faith that I might meet Mr. Foster face to face In court where I would lie exonerated by the testimony given.  "The hearings completely vindicated me from the charges of corruption made by Mr. Foster, and It was never my purpose to punish Mr. Foster for tho sake of punishment, but to vindicate myself of the charge of corruption In office. My understanding Is that the charges are open yet for further investigation in nth or courts, lf I shall desire to tile the same or other charges against him, but if such should he my |>olicy in the future, I shall prepare charges OU my own responsibility, and involve  (Continued on page 4.)  and  I-cavu was given to Abilla Baker alleges ti was hurt through nogli lug of a telephone wire Tho judge did not dec stow divorce case from which wUM heard by bim ago. lie stated yesterday tended to withhold bis  STREETCAR DIVES FROM HIGH BRIDGE  pelt string  ii** th** Bar-Nelsonville, some weeks t tut I. lie In-leclsioii for the par-  Mr. and Mrs J W Young aud two daughters have returned to Rutland after a few days' visit with Mr and Mrs. James Mosser, of 23 Brown avenue. Mr. Yeung is employed Iii this tutor would not allow city.     ;     it    was    presented,  hi me time and hotted that ties would eof together again.  Four liquor eases from Nelsonville will ie*' submit t *-d to I Tm- court oil briefs and bills of exception* amt will he decided as of this term  Iii tin* care of The Security Havings Bauk company agal ist William lf Edgar, I he record was that the cause had been se!fled.  I-eave wa- given th* plaintiff In the Im cachot l>n mis** suit brought by I -et t ii; Co** against John Woolley to Ale an amended petition.  \ motion to Y*o decided «s though of tin* lust day of this term was submitted to th** court in th** suit brot by Ira Marshall against Joel Hines, executor of th*- estate of the late Pieeinati Marshal, of I-odi. Ira Marshal claims that at his father he acted him for MG nights each 21 hours anti $2 each tor 12 hou that his fat bel for these servi  Four Persons Fatally Injured at Cincinnati.  ov<  Oh  Ne  icinnatl. O Jan. 6 While going  the Centra! bridge over the ' liver, between Cincinnati and jx>rt.    Ky.. a South    Bellevue  the request of as a nurse for .lid days for 14 for 27 day* at s. He declares promised to pay him ‘s. but that. the exec  ute claim wheu  street! ar jumped the track aud was hurled from the bridge to the river bank at the foot of Ludlow street The motorman, conductor and three pa engels were seriously Injured and four of them are reported to be dying at H ** Cihrlnnuti hospital.  The Injured are Burton Hebron 29. set retar- of Hie Central Bridge company operating the bridge where the accident occurred of Bouthgate, Ky., skull fractured and internal injuries; Edward Unite! 31. of Cincinnati, skill' fractured. Internal injuries; Henry Finnan, 2k, motorman. Covington. Ky., skull fractured, multiple Injuries; Harry Weakling, conductor, 27, Newport, Ky,. fractured skull and multiple injuries: Ham Hollow, wader, 24, Newport, multiple Injuries.  The car was an extia and as lf. reacher- the turn whete the approach to the bridge curves at an angle of 45 degrees into Broadway, ii left the rails, tearing down the four foot iron rail at the side of the bridge, and jumped Into space. It alighted top finn on the river bank. 35 feet below-.  Starts en Trip to Pacific Coast For Avowed Purpose of Getting Warring Factions Into Harmony Camp. la Working For No Particular Candidate, but Want* Unity of Action In Convention—Wickerham Boomlet Makaa Appearance.  Washington Jan I — Perry* S-Heath"* departure on a tour of th* Paclfk- coast, th* Rocky mountain, th# northwestern stat or and other stat*** west of th* Missouri river, with * vlrw to corralling uninstructed delegation* to th* national convention next June, Is th* very latest  feature of the Republican presidential situation.  Before leaving town Mr. Heath Nil that hi* tour aaa not in th* l*t*r**t of President Taft or Colonel Rooae-volL but that ha represented Kepub Beans who were inclined to boliavo that neither could or should bo elected. and that the nomination should so to a candidate who could unit* the discordant element# In the national party. Mr. Heath referral to tho political and of th* Republican party In moat of th* aute* which ta a number of campaign* had given their electoral vote to th* Republican*. Ile remarked that th* Republican* in moat of these states war* tora by factional disputes and that the Ha publican organisations in them had been almost shot to places within the taal several years Mr Heath recounted the turmoil between tho Taft and anti-Taft men. tho dlaturb anre* between the Rooaevalt and anti Rooaavelt tneu and th* friction created by I*aFoll*tte and hia fob lowers, and so on down tho list.  Mr. Heath added that hia tour wa* not in tho interest of any single Ra-jntblier.n presidential poaaibillty. but that It represented a hope that tho delegations from the atatea he is to visit will find it agreeable to leave themselves open to discussion and counsel when they arrive ie th* convention city.  Was Hanna Lieutenant.  Mr. Heath ta hest remembered aa one of the chief lieutenant* of th* late Marcus A. Hanna It wa* Mr. Heath who, In 1894 and 1896, under the direction of Mr, Hanna, traveled broadcast through th* land solidifying delegates to the national convention of 1896 for McKinley, It la tho boller of many Republican* that Mr. Heath < an organize the remnants of the old Hanna machine Into a nucleus which    may become    a coheaD*  power In determining th# selection of a Hepuolican candidate in Chicago lo June. The attitude of tho president'* supporters has not altered one Jot. They believe that if (he president can not win in the approaching national struggle, no Republican HQ.  There are very eminent Republicans in this city who seriously ted you that quite a number of their breitireti have been aware that in a quiet way a boomlet for George W, Wick*..* sham. attorney general, has been started. There Is a vagueness about this    boomlet that    Is rathsr  mysterious, and yet there is no ques Hon but that It has been discussed aud its features remarked m some of the tnuer circles of Washington.  Flatr.es Gut Building. Columbus O., Jeu. Fire which started on tho third floor of th# C. T. Phillips    Decorating    company's  store In North High    suited  that establishment sod •bise*! a loss estimated    a’ $75,00#.    Adjoining  building!* Iii which were located Sank Brothers' saloon and the Cash-att cigar store, wore damaged by water and smoke, Owing to tire ex-* Itrerne «*old, water from the Ate hose froze to the wills of the building.  Atwood Quits Flying-  Akron. O., Jan. 6.™ Harry N Atwood. who made a flight across the I country from St. Louis to the Atlantic coast, and who several days ag® experienced a fall in the east, is to quit flying. On his arrival here it was announced that the aviator ii to engage in the manufacture o f  a new macbiue of his owu invention.    §;  Sh# Will Change Then.  Mr*. Crawford—Although my daugh. ter is such a big girl, she's still afraid  of the dark. Mrs. Crabshaw—Don't worry about ’hat. my dear She ii soon  bt* in love.—Judge.   

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