Pittsburg dispatch. (Pittsburg [Pa.]) 1880-1923, July 21, 1889, Page 2, Image 2

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    ' ,' ! -
In Favor of tlie Commission
Merchants' Association.
The Bestaurant Keepers Completely
Knocked Out.
Counselor lost Claims the Question is
Definitely Settled.
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
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
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.
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
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.
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.)
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."
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.
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
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
peculiar Combination of Misunder
standings in Allegheny.
And Friends of Hers Are Officially Charged
With Conspiracy.
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
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
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
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
'Were you senthere by Agent Dean?"
"Now I know you are a reporter, and I
have nothing to say."
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. ,
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
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:
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.
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,
"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."
A Crowd of Dranken Fighters in tbe
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.
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.
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
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
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. .
Flemon's Friends Want That War
rant Revoked and Recalled.
Powers of Supreme Court, Executive and
Nation Are Called Upon.
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.
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
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
"Can Governor Beaver revoke his war
rant and refuse to honor the South Caro
lina requisition?" was asked of Hon. C. F.'
"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,
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.
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.
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
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.
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.
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
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
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
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
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.
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
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.
To be Sold by Jleans ot a New Pnt-a-Nickel-in-a-Slot
A Companj With $50,000 Capital to Place
Tbem on the Market.
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
'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.
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.
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.
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.
Husband and Wife, Aged More Than
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
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.
Thirteen Persons Drowsed nnd Untold Dam
age Done to Property.
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.
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.
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,
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.
. 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.
505 AND 507 MARKET ST. v
California Wines at 50c per quart.
Imported Liquors and Cordials at '
Finest Old Whiskies in Western.":
sylvania at same prices others are selling
elve , dHR
' JeSQ-oaVxTSa. . v JMjNaHHr
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