' ,' ! - . THE PITTSBURG DISPATCH, SUNDAY, JULY 21, 1889. 11 DEC!DEDV!CTORY In Favor of tlie Commission Merchants' Association. OLEOMARGARINE MUST GO. The Bestaurant Keepers Completely Knocked Out. JOY OP LAW AND OKDER LAWYER. Counselor lost Claims the Question is Definitely Settled. DRAFT OP JUDGE SLAGLE'S DECISION Judge Slagle has just handed down a very important opinion. It decides the cele brated oleomargarine suits, entered against restaurant keepers several months ago by "William Tost, Esq. He was the counsel for the Commission Merchants' Associa tion. The defendants appealed from the decision of Alderman Carlisle, fining them $100 and costs. By agreement of counsel a case was stated in which the facts were all agreed upon, and submitted after argument, before Common Fleas Court No. 1, for de cision. The agreement sets fourth that this de cision shall be binding in all cases, hence the judgment is virtually for $800 and costs. The interested restaurant keepers are Ed Skees, Jeremiah Miller, Samuel W. Miller, Beard & Co., George Dimling, Getman Brothers, George II. Abel, of Pittsburg, nd H. T. McBride, of Allegheny. The ecision now made by Judge Slagle is as llows: JUDGE SLAGLE'S DECISION. Briefly stated, the facts as agreed upon are uiat the defendant is proprietor of a restaurant in the city of Pittsburg, in which he furnishes meals to transient and regular patrons in the manner in which such business is ordinarily conducted. On the third day of January, 1S89, lie furnished to one George Spence a meal, for which he received pay, and as part of said meal a small dish containing what appeared to be batter, but what was in fact an article known as oleo t margarine, and the same article the manufact ure and sale of which is prohibited by the act of May 21, 1SS3. The only question is whether this was a sale within that act. It has not been given away, and the fact that It was not sold separately, but with other articles for a gross sum, would not make it less a sale. It therefore comes within the letter of the law. But it is also clearly within its spirit. The title of the act is, "an act for the pro tection of the public health and to prevent adulteration of dairy products and fraud in the sale tb reof." The Supreme Court of the State in Powell vs Commonwealth, 19th W.N. a. 21 held that the Legislature had the power to enact laws for this purpose. If the use of such articles is injurious, it would seem to be specially within the spirit of the act to prohibit public caterers from selling it to their guests as part of an ordinary meal. Judgment will accordingly be entered for plaintiff. TO ME SOFEEME COURT. In regard to the decision Mr. "William Yost, counsel for the prosecution, said to a Dispatcu reporter yesterday,. "This is a decided victory for the Commission Mer chants' Association, and will probably settle all legal questions possible under the oleomargarine act of 1885. The case may possibly go to the Supreme Court, as the agreement between counsel was made with the provision that either party should have that privilege. But the opinion of Judge Slagle is so clear that we have little to fear in the matter." In reply to a question Mr. Tost said: "We have nothing to do with the cases out of which the criminal prosecution against George Gibson and "William McCrea has arisen. McCrea has not been in our em ploy since March 29, 1889. Alderman Carlisle, when met by a Dis patch reporter yesterday, expressed himself as highly indignant at the manner in which his name has been used in connection with the Gibson oleomargarine cases. The article to which the Alderman objects stated that the cases, when taken be fore him, Were allowed to be settled by a payment ot one-halt the usual fine. This statement he pronounces false. THEY K.NW NO URGENCY. Air. Slnrvln's Colleagues Can't Tell Why lie Visited Johnstown. Mr. S. S. Marvin, Purchasing Agent of the State Commission in Pittsburg, was summoned to Johnstown very suddenly yes terday. When seen in regard thereto, Mr. T. B. Scott, a colleague on the Commission, said: "Ton have given me the first intimation I had that Mr. Marvin had been called to Johnstown. I certainly know of nothing that would appear to necessitate his urgent attention, and I think you will find that his visit is simply to acquaint himself with the amount and condition of provisions and other stores at the departments. "The Ladies' Relief Committee have pur chased the cots formerly hired by them to accommodate the refugees during the earlv part of the flood, and will send them to needy families, whose names they have, the first part of the week." Mr. Reuben Miller, also a member of the Pittsburg Relief Committee, was called on, and he said that be did not even know that Mr. Marvin had been summoned to Johnstown or was out of town at all, and so he of course could not tell the nature of the errand. OFF WITH TWO HEX. An Italian Woman Took All Tier Husband's Effects and Eloped. James Nickolctt, an Italian, living in Johnston court, on Wylie avenue, near Washington street, made two informations before Alderman Richards last evening, charging Saratage Gemento and Pasquiltia Maneria with larceny, and his wife, Emma Nickoleit, with desertion. It.is alleged by Nickolett that the defendants eloped with his wife and took all the money in the bouse, which amounted to ?200, a gold watch and all the clothing of any value. They left last Wednesday. He says that Gemento and Maneria came to his house to stay over night, and as he had to leave early in the morning he left his wife and the two Italians at the house. When he came home he found everything taken from the house. He thinks they are in .Turtle Creek. Making: Things Plensnnu Gilbert Delaney was making things pleasant for the people at the corner of Third avenue and Market street last night when Officer Boyd came along and accom modated Delaney with quarters in the Cen tral station for the night. He is charged with disorderly conduct. lie Ilnd Love for the Melon. John O'Brien was arrested and locked up in the Seventeenth ward station house on a charge of larceny. He was caught in the act of stealing watermelons from the wagon of John Schwinde. McLeod Started Home. The father of George McLeod, the 13-year-old boy who was arrested early Testerday morning in this city, came to Pittsburg yes terday and took the Jad to Hit home in "Washington, Pa. TuOSE H0MESTEAD.DEPUT1ES. Twenty-Fire of Thrih nne -the County for Their FayOthers to Follow In Droves The Sheriff Hard to Find. Last evening, as County Controller Speer was hustling to get borne, Constable-James J. Grady caught him on the fly and began to read the names on sundry papers issued by Alderman John Nolan in a suit against Allegheny county. Mr. Speer listened to' the array of names until a suspicion crossed his mind that it might be a census report, and gasped that he would accept service as j to an, and say no more about it. The plaintiff's in .the suit are William Downey, Dennis Weir, John W. Weir, James S. Kline, John L. Mercer, John Moffatt, Samnel Dalzell, William Durr, Henry Belirns, William Brown, James P. O'Neill, Patrick Moran, Owen McCabe, W. Harris, G. T. Barber, Dallas Brosengard ner, Joseph Ferey, J. Wiley, Bruno Bren zel, Frank Hamilton, Al. Henderson, J. S. Alexander, S. D. Laughlin, James Creigh ton and W. Clark who constitute about one-third of those aggrieved, and the rest will follow suit, probably to-morrow. The plaintiffs sue for one to three days' pay for work each at Homestead, being em ployed as deputy sheriffs to keep order there during the strike at the steel works of Car negie, Phipps & Co. They say they were promised 5 a day. They also say that some favored ones got the amount stipulated, while the others got half, and one man is said to have gotten nothing, not even the coat, hit and cane which, though he did not get, yet was charged for. One man said bis hat, coat and cane all combined were not worth a dollar, and that they were asked to pay for them whether they got them or not. They do not object so much to the clothing feature in the case, but they say they pro pose to stand on the contract and refuse to settle except on a $5-a-day basis. There was considerable discussion among the men, some holding that the firm had purchased the unilorms, while others sup posed it was a county affair; but as they onlv knew the county in the matter they looted to it for restitution. Alderman Nolan fixed next Thursday for a hearing. Every effort to find Sheriff McCandless last night and get his side of the matter proved unavailing; but he probably has reasons for declining to pay some of the men, or believes he has.) CRUSHED AT BIS DEFEAT. A Jobon t Owner Tried to Snlcidc in the Jail lie Was No Blotch for a Woman With a Coal Seattle nil Assailant Not Ar rested. "Jack" Fickley, a resident of a "joboat," moored at the foot of South Eighth street in the. Monongahela river, was arrested last night, and while in the Twenty-eighth ward station house, made two attempts to commit suicide by hanging. About 8 o'clock Mrs. William Gilbreath and Jack had a quarrel, which ended in Mrs. Gilbreath knocking Fickley down with a coal scuttle. His face was badly cut. When Officer Guenther arrived Mrs. Gil breath ran into her house, and as the officer did not have a warrant, he could not go in after her. Fickley was arrested and locked up in the Twenty-eighth ward police sta tion. His defeat affected him to such an ex tent that he brooded over Hie matter in his cell, and decided to commit suicide. Tak ing off the belt. that he wore around his waist, he fastened one end of it to one of the overhead bars in the cell, and tied the other end around his neck. Sergeant Fitsimmons was attracted by the noise Fick ley made, and found him suspended in his cell about a minute after he jumped off the seat on which he had been standing. The strap was quickly cut and Fickley was let down. The strap was then taken from him. Shortly after the Sergeant went to the cell and found that Fickley had taken off his trousers and was trying to hang himself with his underclothes. These were also taken from him. Fickley has a wife and fourcbilden. He is knoirn as the "King of Smoky Hollow." SATISFACTORY SETTLEMENT. The Prescription Scale Arranged nnd the Workers Hnve a Slight Advantage De tails of the Arrangement. The conference between committees of prescription glassworkers and manufactur ers on wages for the coming fire, held at the Monongahela House yesterday, ended very satisfactory to both sides. All of last year's rules were adopted except one. This was the rule that provides for "market money." Last year they were given $15 a week, and the amount has been increased to $20. The balance due the worker remains with the firm until the end of the fire, unless the worker gives three days' notice, when he can draw the entire amount due him. The scale of wages for the next fire will be the same as last year, except in the milk jar department, where the men were given a 15 per cent advance. When the question of shutdown for the summer came up the workers demanded eight weeks and the manufacturers six weeks. A compromise was made and the summer stop will be for the same period as at present, seven weeks. This settlement fixes wages and rules for the year ending on the last Saturday in June, 1890, and affects about 1,000 workers. Three departments in the flint glass line have now been arranged, the prescription, chimney and engraving. The other depart ments will likely be settled before the mid dle of August. NO INSURER'S LICENSE. A New York Insnrnnce Man Arrested for Soliciting In This City. J. W. Morris, the fire insurance agent, made an information before Alderman Mc Masters, yesterday, charging Stewart Brown, a New Tork agent, with violating the in surance laws of the State. Mr. Brown, it is said, has been soliciting insurance in Pitts burg, for the last week, for the Armstrong Insurance Company, of New Tork, a com pany which has no license in Pennsylvania. Mr. Brown, who is stopping at the Hotel Anderson, was arrested and placed under bail for a hearing next Wednesday. Tbo nibernlnns Were Not Scared. About 8:30 o'clock last night, while the Southside company of Hibernian Rifles were drilling' in John Trainhausen's hall at the corner of South Twelfth and Merril streets, a lamp exploded. Box 136 was pulled, but the flames were put out before the engines arrived. Colorado, Kocky Mountain nnd Pacific Const Excursion Tickets over the Union Pacific Railroad via Council Bluffs and Omaha, or Kansas City, are now on sale by all ticket agents. Fol lowing are names of points reached best by the Union Pacific Railroad: Denver, Colo rado Springs, Pueblo and Trinidad, Col.; Cheyenne and Yellowstone Park, Wyo.; Helena and Butte, Mon.; Ogden and Salt Lake City, Utah; Soda Springs, Pocatelio, Beaver Canon, Shoshone Falls and Boise City, Idaho; San Francis co, Los Angeles and San Diego, Cal.; Portland and Ontario, Oregon; Tacoma, Wash. Ter.; Victoria and Vancouver. B. C, and Sitka.Alaska. Excepting to Sitka, first and second-class tickets, one way, are sold to all of above-named points; also to Salem, Olympia and Astoria, Ore., Seattle and all towns in Wash. Ter. Trains of the Union Pacific Railroad are equipped with Pullman buffet sleeping cars, Pullman tourist cars for second-class passengers, free reclining chair cars and through coaches; also dining cars to Denver. For rates of fare, maps or any informatibn call on or address H. E. Passavant, or Tbos. 8. Spear, T., F. &P. Agw., 400 Wood st, Pittsburg, Pa. t NOT QUITE AEDTTCTED peculiar Combination of Misunder standings in Allegheny. A 19-YEAR-OLD GIRL THE SDBJECT; And Friends of Hers Are Officially Charged With Conspiracy. PROMPT BAIL AND LITTLE ROMANCE One of the most peculiar and remarkable cases of alleged abduction or conspiracy that has ever come under the notice of the police was developed yesterday. It is a very unusual affair, and it may be neces sary to call on a Philadelphia lawyer to untangleit The story, as told by Attorney McGeary, employed to watch the case, is given: "Mr. Penneyluna was a saloon keeper on Rebecca street, Allegheny, for 16 years, but died seven' years ago. His wife sur vived him. two years; and left a son and a daughter. At the time of her death, Emma Hilkey was in the employ of the family as a domestic After the death of their mother, the children, Alex P., and Mary Penneyluna, went to .live with Miss HHfcey and her sister at 301 Federal street, where the two sisters had a boarding and lodging house. They lived there, apparently very pleasantly, until about four months ago, when a suite of rooms in the house was rented to 'Mr. W, C. Leitb, a telegraph operator, and his wife. Mrs. Leith thought the girl was not being treated properly, and ASKED HEB TO GO with them to Mrs. Leith's mother in New Tork. The brother was willing that the girl should go, but the Misses Hilkey, upon , ! .I . .j .u. v learning oi tue juuvcuieui, rcpurLcu mc wai ter to Humane Agent Dean, and Miss Emma Hilkey made an information against Mrs. Leith and Mr. Pennylana, before Alderman Porter, charg ing them with conspiracy. She alleged that the girl 'was being enticed away. Warrants were issued and Mrs. Leith was arrested, but promptly furnished bail for a bearing on next Tuesday, jsir. Penneyluna is yet at liberty." This was the "lawyer's story eff the case. The brother of the girl told the following to The Dispatch reporter last night, while waiting for Mavor Pearson at the Allegheny City Hall last night: "My sister and I boarded with Miss Hilkey since the death of our mother, five years ago. I am an insurance agent and paid the board for both of us. Miss Hilkey seemed to have a wonderful influence oyer my sister. She got her a position at Mrs. Roller's, on Ohio street, as a dress maker, and she earned $4 a week. She re quired her to get np at 4 o'clock in the morning, and do the housework before going to the dressmaking establishment, and, when she returned, kept her busy about the house until 11 o'clock. Several .days ago I toyk my sister away, and secured boarding at a house on .hlsworth street in Allegheny. My sister went out, on Friday "afternoon, I think it was, with Mrs. Leith. They were on their way home in a Pleasant Valley car when Miss Hilkey . boarded the car at Penn ave nue, and, seeing my sister, immediate ly ordered heri to get off and ac company her. The girl, being afraid, went along. I then fonnd myself unable to see her. When I heard that a warrant was out for my arrest, I went to Alderman .Porter's office, and he told me that his con- ' stable was looking for me. I then went away, and have not yet been arrested. I am here to-night to see if the Mayor cannot do something for me." Attorney McGeary had an appointment to meet Mrs. Leith "and a representative ot this paper was present. Mrs. Leith is a sprightly, handsome young woman, about 20 years of age, and seemed to enjoy the NOVELTY OF BEING UNDER BAIL, and said to the reporter: "I have done nothing wrong, and am not afraid of a trial. I telegraphed to my mother, telling her of my arrest, and here is the reply I have just received. The telegram read: "I have taken the 8 o'clock train' and will be with you in the morning." I am sorry, but poor mamma must be troubled. I took an interest in the poor girl ever since I entered the house, and understand that she has been badly treated, and I still dine at Miss Hilkey's house, but will get out as soon as possible." She then laughingly related how the con stable had called to arrest her and how she had compelled him to wait until she was ready to accompany him. The representative of this paper then called at the house of the Misses Hilkey and found Miss Annie Hilkey, a pretty young lady, sitting on the steps. He in quired for Miss Emma, and was invited into the parlor, saying: "Maybe I will do; my sister is not in'at present, "I want to see Miss Penneyluna and your sister," said the reporter. "Do you come from Alderman Porter's office?" "No." 'Were you senthere by Agent Dean?" "No." "Now I know you are a reporter, and I have nothing to say." A NOISE FBOM WITHIN. At this moment there was a kicking and knocking at the door of an adjoining room, as if someone were trying to break out. Afterward a call was made from the hall: "Don't tell that man anything." Later in the evening Mayor Pearson ap peared at the office, and Mr. Penneylune. stated his case to him. He said he wanted his sister, and also that Miss Hilkey had threatened him. He was then permitted to make an information against her for surety of the peace. A warrant was quickly drawn up and placed in the hands of Detectives McClure and Eichenlaub, with instructions to bring the girl with them. The brother of the girl accompanied the officers; but two hours elapsed before they were heard from, and the Mayor got tired and went home. About midnight the party appeared. It consisted of the two Misses Hilkey, the much-wanted girl, her brother, a washerwoman and several of the neighbors. The washerwoman was there to give bail for the Misses Hilkey; but Acting Chief Glenn said it was unnecessary, as he bad. received instructions from the Mayor to release them on theiT own recognizance until Monday morning. , A SIBIKINO SCENE. When the partjr arrived and were seated in the Mayor's private office a Dispatch reporter approached the girl and said: "Do you want to go with these ladies or with your brother?" The answer came quickly, "My brother," just in the nick of time, for Miss Hilkey, upon seeing that the girl was being spoken to, sprang across the roomand pointing her finger at the girl, said; "Don't you dare to talk to that man!" This command had the deiired effect, and tbe girl refused to talk any more, although her brother told her to.ansvjer any question asked. I Miss Emma Hilkey .than made a state ment. She said: "I was housekeeper for the Peneylunas, and when this girl's mother was dying-, she asked me to take charge of her. I promised to do so, and had no trouble until Mrs, Leith came to my' house. It I could tell you the conversation that passed bevreen them in the back room it would) startle you. I will not tell you at pripent,, though. Mrs. Leith claimed at one time to have lost a watch; but I discoveredkhat she had. lent it to the 8-year-old girl ol a neighbor. I do not know what' becamt ol it, Bhe wanted me to pay for it; but I did not do it, "l instructed my ward not to associate with tbe woman, and about four weeks ago I accepted an invitation to visit Adjutant General Hastings at Johnstown. I went up in the morning and came down the next morning. Upon my return I learned that mv ward had been out with Mrs. Leith from 2 o'clock to 4:30 in the afternoon. I SCOLDED HEB FOE GOING AWAY, and said that I had left her in charge of the house, and my two pug dogs were on the back steps and might have been stolen during-her absence. I intend to keep my word with this girl'd mother and will pro tect her." After reciting s6me further details in the case, Acting Chief Glenn cut her off and said she could go home. He then asked the girl whether she wanted to go home with her brother or the Miss Hilkeys. She did not answer, when he said she need not be afraid, and her brother took her by tbe arm and started jva. iju vj iudaiui auu okaneu ihe was leaving Mies Hilkey "Tou can returnmy hat to- away. As she called after: morrow." The girl hesitatedamoment,andalthough anxious to go with her brother, took off the hat, and laying it on the table, burst into tears and walked away. Miss Hil key told her to take the hat and Acting Chief Glenn handed it to her, and after being assured that he had done nothing wrong, went home with her brother. Agent Dean, of the Anti-Cruelty Society, was seen last night and asked what informa tion he had about the case. He stated that he understood a charge of conspiracy had been entered against tbe New Tork woman, but would not give an opinion as to whether she was conspiring to get the child away or not. The case, he said, had been brought to his attention,and, after a little inquiry, he stated he dropped it. He denied all knowledge of the partic ulars of the affair. BREWERIES NOT FOR SALE. IThe English Syndicate Meets With Some Set-Backs Walnwrlgbt's Big Estab lishment Bid for, bnt Not Sold. From the opinions expressed last evening by Mr. Harry E. Wainwright, a prominent brewer, it would seem that the efforts of the syndicate operating for the control of the local breweries are destined to meet with failure. There is nothing new in stating that syndicates are trying to get on the in side track of the glass factories' as well as the breweries; but, as the gentleman referred to says, if there is money in these enter prises for foreign capital there must be just as much for American, if not more, and the probability is that no deals in these lines will be effected after all. A rumor was sent forth yesterday to the effect that the brewing firm of Z. Wain wright had been offered $1,500,000 for their business, and this member of the firm, on being asked -as to the truth of the report, said: "It is quite true that we have been offered a price for our concern by a party . from New Tork, who claims to act on be half of an English syndicate, just as other firms have; but, whether there is any proba bility of our selling, I allow you to judge when I tell you that we have bad under con sideration for some time' past a project for extensive repairs to our plant as soon as the cool weather sets it That hardly looks like selling, does it? There is not one, but there are several syndicates giving their attention to the brewing business, for more than one proposal to sell has been made to firms. "There is very little chance ot any deals being effected, for the reason that the lead ing firms are holding aloof from the propo sition, and no syndicate would attempt to operate among the others, unless it had first secured the large breweries. I know of two breweries that have mutually agreed not to sell without notifying each.other, and I am aware ot one firm that has given an option; Imt, if I -were a member of an English syn dicate, I wonld not care to buck against liomebrewers, as wonld be the case unless & . combination taking in the whole number could be effected. One firm owning two plants has declared its willingness to accept a price for one of them, while steadily re fusing to part with the other. "It Englishmen think well of putting money into American breweries, I think that Americans will see that it is to their interest to keep their money in them. I don't think that the operations ofthe syndi cates will amount to anything." ARRESTED WITH HER BABY. A Crowd of Dranken Fighters in tbe Pro- liibltory District Collared. Mrs. Rose Gibson, Kate Barry, John Noe and his wife, Lizzie Noe, were arrested by Officers Cross and Hanlon last evening at thehonseof Mrs. Gibso'n on Poplar alley, near Washington street, and lodged in the Eleventh ward station. It is alleged by the officers that the party congregated at tbe above house and after partaking of consider able beer, a quarrel ensued, in which beer bottles and glasses were thrown and the stove upset. Mrs. Gibson resisted the officers, and they had quite a struggle to get her in the patrol wagon. Mrs. Lizzie Noe had a G months' old child in her arms when put in tbe wagon, which was taken to the station house. The arrest created quite an excitement about Poplar alley and Washington street. THE! WILL HAVE TO ANTE. Colored-Citizens Arrested While Having a Little Game. Captain Unterbaum, Lieutenant Teeters and Officers Brennon. Miller, Coles and Bell interrupted a quiet game of poker being playedjby a lot ot colored men in a stable in an alley between Twenty-sixth and Twenty-seventh streets last night. The proprietor, Ambrose Bird, and five players were arrested and locked up in the Twelfth ward station house, all charged with gam bling. A small boy warned the players and three men escaped. All the paraphernalia wero captured and taken to the station house." Some of the prisoners offered resistance and the officers had considerable trouble getting them all to the station house. The players gave the names of James Anderson, Frank James, Jacob Bowers, Walter Bro wn and G. W. Hamilton. Injured In the Lockup. Samuel Ford was arrested on Federal street, Allegheny, yesterday for drunken ness. Whilelylngonabenchinthelockuphe rolled off striking the stoue floor very heavily and cutting an ugly gash in his head. City Physician Woodburu was called and dressed his wounds. UNION DEPOT FLITTINGS. Miss Ella McEleot, of Lake street, East End. returned from Palatka, Fla., last night on tbe limited. . James Hughes, of the News, left for Buf falo, Chautauqua and other points last night Miss Laura Keller, of Forty-fourth street, left last Thursday for a three weeks' visit to Philadelphia and Atlantic City: ME. jsdward M. bmith, news agent at Union depot, returned last nightfrom a week's visit at ZanesYille, Dreeden and other points in Ohio. Mb. J. P. Thompson, of the Hotel Ander. son, accompanied by Messrs. Fanestock and Moore, are expected home from a month's tonr in Europe to-day. Mr. Charles F. McKenna and Mrs. Mo Kenna, in company with the Rev. Father Mc Kcever, of Latrobe, will shortly leave on an extended European tour. Genehal Sherman passed through the city last night en route from St. Lonls to New York. The General refused to talk to the re porters, and had a lunch brought to him in the car. Councruf an George S. Wilson, of the Seventh ward, was taken serionsly ill yesterday morning wnue working at bis store at tbe cor ner oi fiim avenue ana congress street, s gvuuuou wt ua veu. . BEATER IS BESIEGED. Flemon's Friends Want That War rant Revoked and Recalled. LONG MESSAGE TO THE GOVERNOR. Powers of Supreme Court, Executive and Nation Are Called Upon. JDDGE EWING GRANTS MORE HUE It now rests more directly with General James A. Beaver, Governor of this Com monwealth, whether or not Preacher E. F. Flemon is handed over to the tender mercies of South Carolina justice, represented in Pittsburg by the Southern State Marshals, Lyon and Strom. The friends of the colored refugee have been indignant from the first at the ready compliance of Governor Beaver with the requisition issued upon him by Governor Richardson. They now looked upon Gov ernor Beaver's action as a grave mistake due to the vague terms of the South Caro lina requisition, and also to the fact that "1886" was the year given it is alleged with fraudulent intent when if "1884" had been rightly set forth as the year of the crime, the Pennsylvania Executive would have put this and that together and figured out the political status of the affair. r THE change in dates is loudly denounced as a fraud and a sham, .and now furnishes a presumably strong reason for a vigorous demand that Governor Beaver must rescind his action for this and other weighty reasons. Although Flemon was given three days' grace yesterday by Judge Ewing, his friends feel that no stone must be left unturned, for delay in deliver ing him to the South Carolina deputies only postpones the evil day. The committee of colored ministers was bravely at work yes terday, but no new plan was thought oi until Rev. J. J. Jones arrived at Hon. Charles F. McKenna's office full of an idea given him by Mr. John L. Lambie, of the law firm of Lambie & Brown. A hurried conference was held and "the following ring ing telegram was drafted by the committee and sent to Governor Beaver. TO BECALL THAT WABBANT. PrTTSBUBCJ, July 20. 18S9. General James A. Beaver, Governor of Pennsyl vania. Bellefonte, Fa.: Twenty-five thousand colored citizens of Alle gheny connty appeal to yon, though the under signed committee, composed of the ministers of all the colored denominations of Pittsburg and Allegheny, to recall and revoke tbe requis ition and warrant of arrest in the hands of the South Carolina Marshals now in Pittsburg for the body of Rev. E. F. Flemon, the same hav ing been granted through Iraud and misrepre sentation, the alleged crime being political, and tbe result of total deprivation of rights of colored voter in the Fresidental campaign of 1SS1. To thus surrender this wounded victim of shotgun policy to bis assailants will be an Infa mous blot on Pennsylvania. Tbe prisoner will be held by the Sheriff of Allegheny county until Tuesday at 10 A. M. As Union soldiers we .beseech you, a fellow comrade, to at once stay and recall your war rant and commission to tbe Sheriff. Act promptly. Notify Charles F. McKenna and Thomas M. Marshall, our attorneys at Pitts burg, ot hearing on rule to stay. Signed by Iter. John Halllday, ZionM. E.; Rev. Geo. W. Clinton, Zlon M. E.; Rev. John Prynr, Antioch Baptist: Rev. Daniel Bentley, A. M. E.; Rev. James McMuIlen. Zion M. E.: John Turflev, Grace Presbyterian: Rev. J. J. Jones, Allegheny Baptist. Committee. 1 HE CAN REVOKE THE WABBANT. "Can Governor Beaver revoke his war rant and refuse to honor the South Caro lina requisition?" was asked of Hon. C. F.' McKenna. "Certainly he can, and thereby save all further legal proceedings. The whole case of the South Carolina Marshals hangs.npon their positive identification of Flemon, but that would be useless withont the warrant with which Governor Beaver equipped them. I fully believe that the Governor was misled by the requisition and acted hastily. He has the statutory .right tore call and revoke the warrant, which was un questionably obtained upon fraudulent rep resentation. Even supposing that Flemon is the man wanted 'in Edgefield county which we do not of course admit what rea sonable jury would pronounce it murder to resist butchery by kuklux? Black well was killed while engaged in a wanton midnight attack upon a crowd of poor fellows whose only crime was their possession ot the franchise of an American citizen. Even though there is testimony upon record that the man the South Caro lina authorities suppose to be Yeldell fired the shot which killed young Blackwell, the testimony was secured under fear of death from two men who had to shift responsi bility to save their own life. Such evi dence would not be worth a straw in a Northern court. If Governor Beaver does not recall his warrant and thus give Flemon his freedom, or at least suspend action upon the requisition until an argument can be had before him, HE WILL GO SQUABELY BACK upon the record of this glorious old State and its Executives a quarter of a centurv since, when the lives of countless colored people were trembling in the balance. "Other important engagements prevent my appearance in the case after next Wednesday and I have urged the committee to retain Hon. John Dalzell to argue the rule to stay be fore Governor Beaver, and the committee will wait upon that gentleman forthwith. A number of lawyers agree in pronouncing it a-very strong case for Executive interfer ence and revocation of action. The requisi tion charges Flemon with murder, but if he was the man who received a bullet in his hat on Sunday and a gunshot wonnd in his arm on Monday, October 29, 1884, it must appear to Governor Beaver, or any person north of Mason and Dixon's line, that he ii it was he was more than justified in sell ing his life as dearly as possible. If Flemon shonld be taken back to South Carolina, and receive a typical Southern trial in a community inflamed by the Pennsylvania fight to prevent his extradition, it would end only in one way, and thus reopen the whole question of Southern election out rages. There could not be a stronger case for Executive interference. THBEE DAYS' GBACE GIVEN. Flemon's attorneys presented themselves in court yesterday morning and stated that they had been unable to secure an allocatur in the case, as none of the Supreme Court Judges were accessible. They therefore asked for three days' delay, and Judge Ewing stated that he would not make the order for Flemon's delivery to the South Carolina officers until next Tuesday at 10 a. si. The plans of tbe attorneys. Messrs. Marshall and McKenna, were subsequently formed and stated to a Dispatch reporter late last evening. Both gentlemen will leave for Philadelphia to-night and seek one of the Supreme Court Justices, and, if agretable, the matter will be argued in Judges' Chambers oh Monday morning. A habeas corpus from the Supreme tribunal will be asked for in order to have Flemon taken to Philadelphia, the legal battle, to be fought out in that city. It is a pure matter of grace with the Supreme Court, as it is not prob able that Judge Ewing's opinion will be re versed. But time may be gained in which to present the case in the proper light to Governor Beaver, as well as to make sure that tbe Federal Government has taken cog nizance of the case. A small satchel will be filled with the papers in the case and affi davits as to Flemon's character. The friends of Flemon feel quite rejoiced that the judiciary, Supreme Court, Executive and national powers have all been invoked in his behalf. THE NATION Al MOVEMENT. Eon. John Dalzell received last night the 1 petition and documents which are to be either taken by himself or forwarded to Washington. He will add to tbem a strong letter to the Department of Justice, and will also by letter or telegram acquaint Senators Cameron and Quay with the nature of tbe movement to save Flemon. The let ter from Flemon's counsel is a strong state ment of the legal aspects of the case, and the detailed story of the incidents leading to the death of young Blackwell and show ing Flemon's connection therewith is given in the clipping from yesterday's Dispatch ot its exclusive and graphic two-column ac count of the affray. This interesting piece of newspaper enterprise will be filed in the Department of Justice, and may figure later on if a Congressional investigation should be based upon this now nationally famous case. ANOTHER CERTIORARI. Flemon Not the Only Jail Gentleman Who Seeks for Release. Joshua Dill yesterday filed a petition in court for a writ of habeas corpus to obtain his release from jail. He alleged that he was arrested on July IS, in Braddock, by William H. Wymard. On July 17 he was committed to jail, but no time for a hearing was fixed. He claims that he is illegally held on some alleged offense, and asks to be discharged. A writ was issued to bring Dill into court Wednesday morning. Dill was committed to 'jail on a commit ment issued by 'Squire Edwards, of Brad dock, giving him the alias of Florence Wilson, for trial at court on tbe charge of robbery. Tbe information was made by Chief of Police Wymard, or" Braddock. NO TROUBLE EXPECTED. CoUcrs' Wngcs Alleged to be Based on Higher Tbnn Selling Prices. There will not likely be any trouble over wages in the Connellsville coke region. An operator says they are now paying wages on a basis ot 51 25, and are only receiving (1 for their product. He does not anticipate any demand for an advance in wages until the price goes up. CRUSHED IN A MAN-HOLE. An Oiler on the Citizens' Line Strnek on Ihe Bead by a Car. Thomas Blakely met with a probably fatal accident yesterday afternoon. He was employed as an oiler on tbe Butler street branch of the Citizens' Traction Line. While down in a man-hole oiling a pulley he raised his body just as a car came along. His head and shoulders were badly crushed. Switchmen to Picnic. Gilded Edge Lodge, No. 62, Switchmen' Union, will hold a picnic at Aliquhpa Grove to-morrow. Frank Sweeney, Grand Master oi the Order, will be present and deliver a speech. He came last night over the B. and O. and is now at the Monongahela House. Several other speakers of prominence will also be present. The engine hauling the excursion trains will be beautifully decorated with flags and bunting. Trains will leave the city at 9, 950, 10:15 a. m.; 330, 4:10 and 5:15 p. m. The returning trains will leave the depot at 12:13, 425, 650 and the last at 8:58. Fell From n Train. Wilson F. Birch, a young brakeman on the Pittsburg and Western Rail road, fell off a train at Bakers town, yesterday and broke his leg and fractured his skull. He was brought to the city and taken to the Alle gheny General Hospital. Last night the attending physicians said he could not re cover. Bnch lives on Smallman street, this city. Teeth Extracted Withont Charge. I James T. James had a hearing before Al derman Jones last evening on a charge of assault and battery, preferred by James Thomas, who testified that James knocked him down and kicked two of his teeth out. He was held under $300 bail for court. The Water Main Barsr. A break in the water main, at the corner of Smithfield and Water streets, yesterday evening, was the cause of a greatdeal of in convenience at the Monongahela House. The water had to be shut off, and the hotel was without a supply the entire evening. Killed by Four Shots. Galveston, July 20. At Pendleton this morning Bob Blankenship shot Henry Brown four times, killing him. A brother of Brown's put a load of shot into Blanken ship, inflicting slight injuries. Fingers Make Poor Buffers. William Roberts, a brakeman on the Panhandle Railroad, had two of his fingers crushed while coupling cars in the freight yard. His Shoulder Broken. A Pole residing in the Eighteenth ward and employed at the Black Diamond Steel Works, had his shoulder broken yesterday by falling from a wagon. Coal Works to Kenna at 2 1-2 Cents. Reports from up the Monongahela river state that Foster, Clark & Woods's coal works will be put in full operation Monday at 2)4 cents, the reduction. DB..B. M. Hanna. Eye, ear, nose and throat diseases exclusively. Office, 718 Penn street, Pittsburg, Pa. s&su MARSHELL, TIIE CASH GROCER, Will Save Von Money. Choice lemons, 15c per dozen; good tea, 16c per pound up to 55c for the best, eqnai to any you can buy for 81. There is nothing more refreshing than iced tea. Root beer extract, 19c per bottle; one bottle makes 6 gallons of root beer. Talk about the Law and Order Society. They are nowhere. You pay your little 19c and have all the root beer you want over Sunday. Great bargain in crackers. Now is the time you want them. Soda and oyster crackers. 6c per pound; wine, lemon, ginger snaps and ginger cakes only 7e per pound. These are all strictly fresh, being received daily from the factory. You cau buy noth ing better. Send for weekly price list and order by mail. Orders amounting to 10, withont connting sugar, packed and shipped free of charge to any point within 200 miles. Give me a trial. I will save you money. Mabshell, 79 and 81 Ohio sL,cor.Sandusky,Allegheny. For the Dear Baby. At reduced prices, infant's cloaks, slips and caps this week. Busy Bee Hive, corner Sixth and Liberty. Until September Cabinets $1 per dozen of anybody at Au frecht's Elite Gallery, 516 Market street, Pittsburg. Use elevator. Bring baby. Ladies, Do Keep Cool. Summer cor sets, jersey underwear.calico wrappers,para sols, fans and child's summer dresses, at cost, Busy Bee Hive,cor. Sixth and Liberty. Use , Angostura Bitters, the world re nowned South American appetizer, of ex quisite flavor. It's Money in Youb Pocket. Attend the clearance sale of summer goods, at Busy Bee Hive, corner Sixth and Liberty. Untll September Cabinets $1 per dozen of anybody at Au frecht's Elite Gallery, 516 Market street, Pittsburg. Use elevator. Bring baby. We have the best 50o corset in the city. . BCHOBNTHAL, 612 P6HH are. CIGARS FOR SUNDAY, To be Sold by Jleans ot a New Pnt-a-Nickel-in-a-Slot Machine. SEVERAL T0BE OPERATED TO-DAY. A Companj With $50,000 Capital to Place Tbem on the Market. ATITTSBURGMANTHENEW INVESTOR The prestige of the Law and Order League as an infallible champion of the blue laws regarding all kinds of Sunday selling.seems to be in one particular either doomed or set at naught by Yankee ingenuity. Captain Wishart is likely to be completely handi capped by inanimate machines that do the bidding of their owners, but cannot be forced to pay the fines or take a ride in the "hurry up" wagon, while tbe public feels at liberty to use them and smile. The drop-a-penny-in-the-slot machine, which has dealt out mineral water on Sunday, has not been checked in its more or less lawless ,work, notwithstanding the warnings to that end of the Law and Order people. Tbe machines are still being placed rapidly throughout the city, and bid fair to stay. To-day, for the first time, the Law and Order League will have a worse automatic foe to deal with, no less ingenious in its me chanism and effectiveness than the mineral water machines. what the new tebbob is. It is nothing less than a drop-a-nickel-in-the-slot-and-get-a-cigar.machine. The first specimens of it were placed on the market yesterday, and a number of them will be in operation to-day. The machine is a very simple contriv ance, just large enough to hold a box of cigars, and will be locked to the building outside the door, or even on the door, on Sundays. Put a nickel in the slot, pull a little knob, and a big cigar falls out into a little trough, placed conveniently to re ceive it When the nickel is deposited in the slot it falls down a little trough and raises a "dog," which allows the slide with the cigar on to be pulled out. Another "dog" keeps the slide from going too far and giving tbe second cigar or another, until the knob is pushed back and the nickel operation re peated. No way has been found to cheat it or stop its working on Sunday, except by clogging: it up, and that is a violation of the automatic machine's code ot procedure. Joseph Askins, a Pittsburger, is the in ventor, and last night he explained the workings of the little machine to a Dis patch reporter. Thomas R. Kerr & Co., a firm with $50,000 capital, have taken hold of the invention and will manufacture it, and it will be sold along with 1,000 cigars AT ST0BE3 AND HOTELS. 'The firm has already in course of con struction 500 of the machines, and it put them on the market for the first yesterday. A machine was last night locked to tlie store of Browne Bros., corner of Smithfield street aud Seventh avenne, and in all 12 "automatic defiances" were placed yester day. It was understood last night that several hotels would run them to-day; but their names were not learned. The only trouble expected from the machine, is that it should, to pay well, hold 5,000 cigars instead of 100, and so larger "automatics will be made later. When Browne Bros.' machine was first put up last night, by pulling the knob out, pushing halt way back in again and again pulling it out, the whole box of cigars could have "been enticed out tor one-'nickel. Tbe proprietors were chagrined; but Inventor Askins happened along, and, in a few min utes, set aright the mechanism, which the workmen had failed to do properly. AN OBJECTOR TO MONOPOLY. L. A. Coqnnrd Objects to the Issue of 87,500,000 Gas Bonds. St. Louis, July 20. L. A. Coquard, the broker, by his attorney filed a petition this moraine seeking to restrain the Laclede Gas Light. Company, Emerson McMillin, its President, the Board of Directors, and H. B. Hollins, the promoter of the new gas trust scheme, from mortgaging tbe property of the Laclede Gas Light Company, to se cure the payment of $7,500,000 worth or bonds. Mr. Coquard Is one of tbe few stockholders of the old Laclede Gas Light Company, who did not favor the consolida tion of all the gas companies in the city. He owns 61 shares of Laclede Gas Company stock and 617 certificates of the old gas trust formed by the consolidation of the St. Louis, Carondelet and Water Gas Compa nies. He refused to sell his interests in these companies to the new trust, and seeks, by this proceeding, to render the action of the new trust void. ILLINOIS G. A. R. D1TIDED On the Qnestlon of General Warner's Re quest to Go to Blllwnakee. Chicago, July 20. The Times to-morrow will publish interviews with leading G. A. R. men of Chicago and Illinois on the Milwaukee encampment, and the attitude to be' assumed on the recent order of Gen eral" Warner, Commander-in-Chief of tbe national organization. The concensus of sentiment, while most friendly to General Warner, is that Illinois veterans should lollow the recommendation of the State., Commander, and refrain from attending the national encampment. Not a few, however, announce their determination to accept General Warner's suggestions, and attend the encampment en masse, regardless of the unfavorable action of the railroads. A CUT RATE NO BASIS In Fixing Excnrslon Rates In Ihe West, So Chairman Abbott Decides. Chicago, July 20. Chairman Abbott, of the Western States Passenger Associa tion, to-day made a ruling on a point that has been raised in regard to harvest excur sion rates. It was agreed that these rates should be for the round trip equal to the lowest first-class fare one way. Since tbe date of this action the regular rate has been cut by one road, so that the first-class fare to Colorado and intermediate points is lower than when tbe agreement was made. The Chairman rules that a cut rate can not be used for basing purposes, and that the round trip fares mast be based on the basis of the normal rate in existence at the time of the agreement. GREW OLD AND DIED TOGETHER. Husband and Wife, Aged More Than 73. Commit Salclde In Company. Rockfobd, III., July 20. One of the most remarkable suicides tbat has ever oc curred in this city, was. that to-day of Mr. and Mrs. George J. Sussmilcb, an aged couple, each oyer 75 years. For some time they have been In poor health. Last night they rode to the end of the street car line, walked to the river, ticd'their arms together and jumped in. To-day tbetr bodies were found four miles below the city. Old age ana poor neaitny is tne only cause, conpi with a desire for onenot to outlive theoth led er. Mexicans Killed ;n a Custom Honse xucson, only zu. word hss been re ceived here of tbe falling of the Mekican Custom honse at Sastily. Sonora. T men were caught in the ruins and were, mm whea xtrieated. THE FLOOD'S WORK. Thirteen Persons Drowsed nnd Untold Dam age Done to Property. rsrZCUL TILIOEJLK TO TttB DISIMTCH.! Pabkersbubg, W. Va., July 20. Re ports of loss to life and property 'from the flood are coming in every hour. So.far it is positively known that IS people have been drowned in this vicinity, and it is impossi ble to even estimate loss of property. The following is a list of the drowned so far as heard from: M RS. TUCKER, of this city. ORVILLE WEST and two children and JOHN BAILEY, or Easton. MRS. ISAAC ROBERTS, on Big Tygart Creek; EDWARD PASO, of Belleville. THOS. MAYHEW and son. of Mineral Wells and four other men whose names could not be learned, were drowned farther np tbe stream. The steamer Oneida was not sunk as sup posed to-day but was disabled by a raft of logs which collided with her. The pilot house of the steamer Martin was fonnd lodged in with some driftwood, and there is no doubt about her going down. The valley is devastated from one end to the other, churches, cchoolhonses, mills and dwellings have been carried away, some farmers whose farms lie in the river bottom have nothing' left, not even a house to live in. Saw logs are running out) into the Ohio river at the rate of 1,500 per hour. Fully 30,000 or 40, 000 have escaped, besides thousands ot tons of coal and several barge loads of staves, cross ties and lumber. It will be many days before even an estimate of tbe loss can be made. PROTECTING AMERICANS ABROAD. The State Department Looking After the Arrests of Ladles at Mentone. Washington, July 20. It is said at the State Department that Minister Reid has in hand the case of the three American ladies alleged to have been unlawfully im prisoned by officials at Mentone, France. His last advices to the department were that he bad gathered all his material for proceeding in the case. The State Depart ment will take action on the case when the affidavits of the ladies are received. Superintendent of Census Indebtedness. Washington, July 20. Mr. George K. Holmes, of Great Barrington, Mass., has been appointed by the Superintendent of N Census as a special agent to assist in the collection of the statistics of recorded in debtedness, and will begin his preliminary work in the State of Massachusetts. Mr. Holmes has been a newspaper writer for many years, and is also a student of social and economical questions. Killed by a Lightning Flats. Sttjbgis, Dak., July 20. Lightning strnek the residence of Samuel Layster in Whitewood, seven miles west of this city, last night during a heavy storm. A son of Layster, aged 22 years, was instantly killed. The house caught fire and was totally con sumed, along with all the household effects. A young child also in the house at the time was severely shocked, but is expected to re cover. Appointments In Florida. Washington, July 20. The President to-day, after considerable delay, signed the ' commission of Mr. P. E. McMurray, to be postmaster at Jacksonville, Fla. This action on the part ot the President puts an end to a vigorous political contest over this office, which has been going on for several weeks. Tbe President has withdrawn the appoint ment of John F. Ho it, recently appointed to be Collector of Customs at Key West, Fla. Rnsk an Agricultural Antocrnr. Washington, July 20. Secretary Rnsk, in answer to a telegram, has informed the manager of the Kansas City stock yards that in cases where local regulations re-, garding-tbe Jiandling'of cattle conflict. with those prescribed in his recent order, the' former are to be disregarded and the rules of the Agricultural Department are io ba strictly observed. y An Indian Chief From Kansas. Washington, July 20. Noble E. Car penter, of Kansas, has been appointed Chief of the Division of Indian Affairs in the office of Secretary of the Interior, vice R. ' V. Belt, appointed Assistant Commissioner of Indian Affairs. Eli C. Hornady, of Indiana, has been appointed a timber ngenfc of tbe General Land Office. Jefferson King's Body Fonnd. Chicago, July 20. At 3 o'cIocKthli afternoon the officers in dredging the Allen slip near where the boiler explosion oc curred last Thursday, found the body of Jefferson King, the engineer. They found it at the bottom of the slip, 50 feet from the mill, where it was thrown by the bursting of the boiler. CLEARANCE PRICES FOR JULY. . 4 On all fancy Printed Cottons. Batistes L? Lawns and Chintzes. r'' Clearance prices v On Domestic and French Cballls. ' "- . ' . 4 Clearance prices - , s On Mobalrs and Brilllantlnes. Clearance prices On French Satines. French and Scotch. Gingham, Anderson's most choice at 25c Clearance prices On all India. Pongee and China Silks, u- r Clearance prices On all UmDrellas and Parasols. Clearance prices On Flouncings, Laces and Embroideries? ." Clearance prices On Muslin, Egyptian and Lisle Underwear. Extra French Balbriggans at 45c -. Clearance prices , y On Gents' Flannel Shirts. Ladies' and Children's Blouses and Jerseys. " . . Clearance prices On Boys Star Waists. Clearance prices On Gloves, Mitts, Hosiery and Handker chiefs. Clearance prices On Suits, Wraps and Traveling Costumes. BIBER ajABTDN, 505 AND 507 MARKET ST. v Jjl6-TTSSU PURE WINES and LIQUORS FOR MEDICINAL USE. California Wines at 50c per quart. Imported Liquors and Cordials at ' LOWEST PRICES. At Finest Old Whiskies in Western.": sylvania at same prices others are selling og PeMWff G. EISENBEISf J(tt elve , dHR fchree us FEOEBAli BTRKET, AXLEaHKXxJMf ' JeSQ-oaVxTSa. . v JMjNaHHr ! 't. !? .a41- j M v.1. a si., jl. HJvasVvsBBV
Significant historical Pennsylvania newspapers