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CLASSIFIED ADVERTISEMENTS
BRING PROMPT ANSWERS.
THE DISPATCH
REACHES MASTERS AND MEN.
BEACH THE PUBLIC THROUGH 3
BE;
rKTBDsTB
THE DISPATCH.
HOUSE HTJNTERSKEAD IT. I
FORTY-FIFTH YEAR.
PITTSBURG, THURSDAY, DECEMBER 25, 1890.
THREE CENTS.
w
' r
HE KILLED HIS
MM
One Lively Incident in the Ca
reer of the New Supreme
Court Justice.
IT WAS A BURGLARTHOUGH.
General Satisfaction is Now Expressed
Over the Nomination of
Jndjje Crown.
PIIESIDEST HARRISON'S REASONS.
Ho Bead a Xnmbcr ct the Michigan Man's
Decisions and Concluded lie Was
the Very Ferson Seeded. '
XO TCBL1C BDILDIKG FOK BAR HARBOE.
A Vrto Kcsstge TrtrEsatttd to the Senate Which
ErafhrticaHy Sauls Kline's Favonte
Simmer Rescrt.
CCKGEISSMEN NOW CrLEBRATDfG CHRISTMAS
rfrECIAL TELEGRAM TO THE DIBPATCn.l
Washington, Dec. 21. Now that the
first shock of surprise occasioned by the
nomination of Henry B. Brown, of Michi
gan, to the Supreme Bench has passed
away, the appointment is giving very gen
eral satistaetion. A story is told by a
"Western Senator to-day, which goes to
show that Judge Brown, who will so soon
don the sable robe of a justice, has, like the
new Senator Irby, of South Carolina,
killed his man, under circumstances re
quiring considerable nerve.
But Judge Brown's man was a burglar.
The story runs that the Judge was aroused
from his sleep by a noise in his room.
Standing near his bed he saw a man with
his face masked aud a pistol in one hand
and a dark lantern in the other. In a very
polite manner the Judge asked the visitor
what he wanted at that hour of the
night, to which the man replied that he
wanted all the money and valuables of any
sort that might be about the house.
Quite an Interesting Situation.
He even went so far as to inform the
Judge that he was a burglar. He intimated
iurther that if the Judge did not assist him
by keeping quiet-and pointing out the hid
ing places of all that was valuable, the
Judge might have his learned brains blown
out. It was not a comfortable situation,but
the judge made the best of it, having quite
a calm'COETcrration with the bnrglar,
Having got everything of value he could
find the man -was about to leave the room
when his attention was attracted by a gold
pin on the dressing case, which he had not
seen before. Being made bold by the gentle
manner of the judge he thoughtlessly turned
his back to the bed in going for the pin. In
a minute the judge had a pistol out of a
itand drawer by his bedside, and a loud re
port was the first intimation the burglar had
that he had been indiscreet
Firing Bullets in the Dark.
"With a cry of pain he rushed from the
room, followed by the Judge. In the land
ing at the foot of the stairs he took a stand
aad began returning the fire. Face to face
the men fired at each other until their re
volvers were empty. Then the burglar
escaped,- The noise Drought in the police
and the neighbors. They found the Judge
unharmed, butjthere were spots of blood on
the floor, indicating that the burglar had
been hit. Later the mau was captured, but
he was so badly wounded that he lived but
s short while.
The circumstances 'which led to the ap
pointment which was at first thought pe
culiar, are now coming to light "When a
vacancy was caused on the Supreme Bench
by the death of Justice Matthews the fitness
of Judge Brown lor the position was urged
upon the President Although it was then
determined to appoint Judge Brewer, of
Kansas, the impression made upon the
President in Judge Brown's favor was not
effaced. It is an interesting incident of
Judge Brewer's appointment that he ex
pressed to the President a hopcihat any
hesitation between himself and Judge
Brown, who was his classmate at Yale,
Wight be settled in the latter's favor.
The Michigan Senators Divided.
Judge Brown's nomination could not be
made at that time, for the Michigan Sena
tors were divided Senator-McMillan being
for Eussell and Senator Stockbridge for
Brown. A year ago, however, in speaking
of the matter to the Michigan Senators, who
were then united on Judge Brown, the
President said that if he ever had an oppor
tunity to promote Judge Brown he would
do so. The death of Justice Miller led
the Senators to remind the President
of his promise. He remarked that he re
membered Judge Brown, but gave no evi
dence ot his intentions. As a matter of
fact, the Michigan Senators did not know,
that Judge Brown came into the Senate,
thaV Judge Brown would be appointed.
Tbey knew that Mr. Eussell would not be,
Because the President had so informed them
but this negative information was the extent
of their knowledge.
Ater looking at the indorsements, piled
mountain high, in favor of Mr. Eussell and
the other applicants, the President sent for
Jndge Brown's decisions and read them care
fully. He found that they had been rarely
overturned by the Supreme Bench. He
found, too, that they had related almost
entirely to admiralty aud patent cases, and
although Justices Blatchford and Bradley
are well able to decide on the lew admiralty
cases which now come into the Supreme
Court, he saw the desirability of adding to
the bench a jndge who was familiar with
patent cases. It was Judge Brown's record
and experience that turned the balance in
his favor.
The Part Played by Alger.
Justice Blatchford was a warm advocate
of Jndge Brown's appointment, and so was
Judge Jackson, of the Circuit Court, of
which the Michigan district is part Secre
tary of "War Proctor urged the appointment
of Mr. Sosselt It has been reported in
certain quarters that General Alger also
urged the President on several occasions to
appoint Mr. Eussell, but it is more probable
that if he took any part at all it was in
favor of Judge Brown, who is a brother-in-law
of Colonel Henry M. Duffield, of De
troit, who is General Alger's political man
ager and his most intimate personal friend.
It is made apparent now that Judge
Gresham has nothing to expect from this
administration. His friends have not
thought that he was in line for recognition,
and have been urging him again in Indiana
for the Eepublican nomination for Presi
dent He has a great many followers in
that State, and many of the leading news
papers there are friendly to him. They are
now challenged by this appointment to go
ahead and do their utmost for their favorite.
There is not likely to be any trouble over
the confirmation of the nomination.
MAINE MEN ARE MAD.
THEY WANT A HEW AUD COSTLY PUBLIC
BUILDING AT BAB HABB0B,
But President Harrison Vetoes the Bill Ap
propriating 875,000 for the Purpose,
Because He Does Not Think the Business
of the Place Warrants It.
1PB0M A STAFF COBnESrONDEXT.J
Washington, Dec 24. Most of the
representatives from Maine in the House
and Senate are mildly "cussing" the Presi
dent for his veto of the bill which appropri
ated S75.000 for a public building at Bar
Harbor, the pet summer 'resort- of the Pine
Tree State, and especially since
the House and Senate in their
wisdom decided the building was proper and
necessary. Following are the President's rea
sons: "The statement of a few facts will show. I
think, that the public needs do not justify tho
contemplated expenditure of 75.000 lor the
erection of a public building at Bar Harbor.
Only one pnblic office, the postofHco, is to be
accommodated. It appears from a report of
the Postmaster General that the rent paid by
the United States for a room containing 675
square feet of floor was. in 1SS8. $300, and the
expenditure for fuel and lights 60. One clerk
was employed in the postofflce and no carrier.
Tue gross postsl receipts for the year were
7,000. Bar Harbor is almost wholly a summer
resort Iho population of tho town of Eden
of which Bar Harbor forms a part as taken by
the census enumeration, was less than 2,000.
"During one-quarter of the year this popula
tion is largely increased by summer residents
aud visitors, hnt for the other three-quarters it
is not much abovo the census enumeration.
The postal receipts for 1890. by quarters, show
that for more than half the year the gross rc
ceiDts of the postoflico are about S8 per, day.
The salary ol the janitor for the new building
would he more than twice the present cost to
the Government for rent fuel, and lights. I
cannot believe that upon reconsideration the
Congress will approve the contemplated ex
penditure." The Maine men think it deeidedly impudent
in the "one-horse lawyer" to stamp a negativo
on the bill, and now they will pass it over the
head of tho "executive clork." Stories are
afloat that the President's action is at tho
mstanco of Blaine, to pay off some small
grudges against Reed and Boutelle, who es
pecially wanted the building, hut that is pro
nounced a silly fiction, as Blaine is interested
alike with ail of the Maine men to get a build
ing for Bar Harbor. The demand for a build
inn at that place is an old ono which has always
met with a rebuff.
THE SEKATPS SLOW PACE.
All Hope of Legislation Given Up Until
After the Holidays.
rSFECXAi. TELEQKAX TO THE BI6PATCXM
WASHiNGTON.Dec 21 Whatever may como
after, it is evident that there will be no legis
lation during the -holiday:, There Is inly about
enough' of tho Uouso Icftib'meot and tako a
recess every three days, which, is the only thing
they can do in riew ol the refusal of the Senate
to mako tho usnal and sensible holiday ad
journment Tne Senate boasted it was going
ahead with its work, but its recess taken at
noon to-day until noon Saturday was with the,
understanding that nothing would be done on
Saturday except to take a recess till Monday,
"Tho Senato seems to bo imbecile, even in tho
treatment of the question of "holiday adjourn
ment," was the remark of a momber of the
House this morning, where be bad heard the
half dozen Senators presout on the floor adopt
the recess resolution. A Senator in favor of
both the election bill and tho "cloture" amend
ment to the rules, was asked by tho corre
spondent of The Dispatch to-day what would
be the programmo alter the holidays.
"Heaven may know," be exclaimed, "but
the information is not abroad on tho earth. I
think it will be discovered by that time that the
Republicans can't hold together ou anything,
and that tho Democrats aro only unanimous
against the elections bill, and in that event we
will have a few more caucuses and proceed to
do nothing with an immense amount of enerirr
I wonldn't like to have my friend tho enemv to
kuow that I said it, but I don't mind tellimr von
confidentially that I don't believo there will ho
any legislation this session of a political or
financial character, other than the apportion,
ment and appropriation bills." And that is the
w ay a great many observers aro coming to look
at the phenomenon on Capitol HilL
Tue utile lime that the Seuate was in session
was devoted mainiy to &pecchcs by Messrs.
Morgan and McPherson against Selections
bill.
FLAGS OK THE CAPITOL,
A Sergeant at Arms IVlio Wants to See
More, of the Nation's Emblems.
rFPECIAL TELEOKAM TO THE DISrATCIM
Washington, Dee. 21 Ever since Judgo
Valentino was elected Sergeant at Arms of
tho Senate he has wondered why there was no
flag flying over tho capitol o the United
States, except when ono or more of tho
branches of Congress was in session. Tho
Stars aud Stripes float every day in tho year
over all the public buildings here with the solo
exception of the Capitol, and to remedy.this
Jndgo Valentine has applied some of his large
stock of energy.
This morning, at his instance. Senator Halo
offered a resolution which provides for the
erection of a flagstaff over the central porticos
on both eastern and western entrances, and
this resolntion will be considered Monday. The
only objection that can be made to the patriotic
proposition will be the one that confusion may
result from a mul.iplicity of flags, because
there are now two on the roofs, respectively, of
the House and Senate when those bodies are
in session. There need be no confnsion, how
ever, for any person who knows anything about
the session flags and their location on the ex
treme ends of the Capitol cannot mistake them
for the bunting which will soon wave above the
central porticos with the great domo for a
background.
THEY SANG ANNIE BOONEY.
How Some Members of the House Pass
Away the Weary Hoars.
Washington, Dec. 21. There was an air of
Christmas languor about the House wing of
the Capitol Within the chamber a few mem
bers were scattered abont writing letters, but
not more than a dozen in all rutin an appear
ance. Those engaged with their correspon
dence soon quit the task, and back of the seats
on the Democratic side six or eight members
gathered around a blazing wood fire and spent
an hour or so "rehashing amnsing incidents of
the campaign and telling once again how they
lost or won the fight
Over in ono corner a dozen Congressmen
clustered and sang "Annie Kooney" and
"Listen to My Tale ot Woe" to tho accompany
ment of several month organs. Most of the
cnmmitteo rooms were locked and bolted, and
with a few exceptions will remain so for the
next two weeks.
THE HEW Y0BK BEC0UNT.
There Is But Little Doubt That the First
Census Will Have to Stand.
Washington, Dec. 24. The matter of the
demand for a recount uf the population of Now
York City, which is before the Souse Com
mittee on Census, has gone over until after the
holidays. While the committee will take up
and formally consider the evideaoe. laid before'
it, there is a general impression that the matter
was practically settled in the House itself by
the rejection of the amendment to tho appor
tionment bill . offered by Mr. Washington, ot
Tennessee, providing for a recount in Hew
York City.
Tho extensive arguments made before the
committee by Mr. Bowers and Superintendent
of the Census Porter have not been printed.
They will be ready when members return to
Washington after tho holidays, and an early
report will probably then be made.
WAITING FOB A DECISION.
Itailroad Men Who Have Been Pronounced
in Contempt of Court
Washington, Dec 21 The investigation
by the Chicago grand jury into the acts of rail
way officials already indicted Is suspended, and
awaits the judgment of the United States Su
preme Court as to whether the witnesses in
contempt, Messrs. , Coancilman and Peasley,
most answer. When that is settled, the Chicago
investigations will be renewed.
C. M. Lambertson and- George G. Ingham,
whose appointments as Associate or Assistant
District Attorneys expire by limitation Janu
ary 1, will be reappointed to assist in the trial
and investigation. Tbey have been so advised
by the Attorney General.
BAUM AND HIS METHODS.
The Congressional Inquiry Seems to be
Abont at an End.
Washington, Dec 21. The Raum investi
gation has at last come almost to an end. Tho
committee has about exhausted its inquiries,
and after another meeting or two the majority
and minority will prepare their reports. A few
questions relating to Commissioner Ranm's
financial affairs arc still pending unanswered,
awaiting Chairman Morrill's return to the city.
The committee has once heforo refused by a
formal vote to go into those matters, and if, as
even Mr. Cooper thinks, that decision shonld
be reaffirmed, there will remain practically
nothing more to investigate.
BUSK FOB HARBISON.
Does Not Want His Name Used In Connec
tion With, the Presidency.
Washington, Dec 21 This evening Secre
tary Busk said that he was sorry to see his
name connected with the article recently pub
lished giving a farmers' vote on Presidental
candidates for 1892.
He sincerely regretted any attempt to turn
the attention of Republicans away from Presi
dent Harrison as a candidate His administra
tion, he said, bad been a cleanjone. directed to
the best interests of the whole people, and he
confidently looked for his renominalion and re
election. PLAYED-OUT WAR VESSELS.
Bids for Condemned ,chlps That Are of No
Use to tho Navy.
Washington, Dec 21 Proposals were to
day issued at the Navy Department inviting
bids for the condemned vessels of the United
States navy, to be opened at the Navy Depart
ment March 25. 1891. The vessels, their valua
tion and their present location are as follows:
Juniata, 810.000. at Portsmouth. N. H.; Brook
lyn. $11,000, Norfolk. Va.; Ossippee, $13,500.
Norfolk. Va.; Speedwell, $5,000. Norfolk. Va.;
Pilgrim, $500, League Island; Saugus, $S00,
Washington; Rescue, $500. Washington; Quin
nebang, $13,000. Brooklyn. N. Y.
Three New Postmasters.
Washington, Dec 21 iAmong the nomina
tions of Postmasters sent to the Senate to-day
were the following for Pennsylvania: W. R.
Cole, Pottsville: II. A. Hayes, Kittanning, and
Mrs. M. N. Hausberger, Tamaqua.
CHALLENGE TO SUCCL
A Frenchman Willing for a Test of Absti
nence With the Italian.
rtPECTAL TELEGRAM TO TUE DISPATCH.!
Nkw York, Dec 21 To-day there was re
ceived the letter published below. It was
written on a sheet of paper about the size of a
small circus poster, in dnbious French. The
writer was evidently intensely in earnest, and
is resolved to over-starve SnccL It appears
that he has challenged Succi six times, and that
no attention has been paid to him. As nearly
as can be gathered from his present challenge
be.defies Hucd tp outlast him, and oilers to
Stirt in wtra tliFltallan, and To let him bo -ad.
judged conqnered who first cries enough. But
the challenge speaks for itself:
"Pardon me tho liberty ot taking up yonr
time with such a letter as mine, but an im
portant affair compels me. I have read in
a newspaper that tho celebrated Italian faster,
Succi, made a great stir with his fasting, re
cruiting himself on horseback, etc Well,
now, as a Frenchman, I sustain tho honor of
France, and I entreat you, sir editor, that you
become my interpreter to Snccu I challenge
him for the sixth time to make a long fast It
does not matter to me what city any where that
he cnooscs to call. me the same committee to
watch us both and the same doctors. I am not
a stranger to Succi nor to tho newspapers, for
they know me by tho fasts I have made in pub
lic the last being of 42 days at tho Aqnarium,
London, this year. I am making a fast now
which will be fully as long as that which Succi
raado in New York. I place myself entirely in
the hands of the committee, which shonld bo
well fitted to carefully watch this new match.
I remain at Christiama until January 23 or 24
next. After that my letters should be addressed
to mo at the station road, Crayford, Kent,
England. Pardon the length of my letter, sir
editor. I entreat you to accept my humble and
sincere salutations. Alexander Jacques."
Cheisiiania, Nohway, Doc 10.
PATBICE WANTS DAMAGES
From a Chicago Mnn Who Trifled With Her
Affections.
f SPECIAL TELEGRAM TO TUB DISPATCH.
Chicago, Dec. 21 An interesting courtship,
a promise of marriage and a broken heart, are
the basis of a $20,000 damage suit brought in
the Superior Court by Mary Patrice Whitbeck,
against A. P. Blakeslee. The plaintiff is an
actress and on the stage assumes tho name of
Patrice. Four years ago she was with the
"Clio" company, then she played in "Lost in
New York," and at presont she is engaged with
"The Midnight Call," at Jacobs' Northsido
Theater. Sbo is the daugbtor of cx-Judo
Whitbeck, of Hudson, N. Y. Mr. Blakeslee is
ti) years of age and a prominent member of tho
Board of Trade He is said to be a man of
financial responsibilitv and according to the
plaintiffs attorney, it Is now only a matter of
damages.
While playing at Hooley's Theater some timo
ago, Mr. Blakeslee was first introdnced to the
pretty soubrette. Their acquaintance began
to ripen until the Board of Trade mau began to
think of marriage. For the last three weeks it
is said he has been constantly in her coniDany,
and up to ten days ago Mr. Blakeslee visited
her frequently at the Sherman House. The
actress has many letters, her attorney says.that
show conclusively that younc Blakeslee was
anxious to marry her and promised to do so,
but ho wanted the affair kept quiet
With this end In view, Mr. Blakeslee took his
fiance to Waukegan, Ills., on December 13, at
which place he thought he was in Wisconsin,
where a marriage license is not required. Upon
discovering he was In the wrong placo it is said
he brought Patrice back to Chicago, promising
to take her shortly to Kenosha, where the
ceremony would be performed. This ho never
did. and it is alleged that he backed out of tho
arrangement completely. So the matter is left
for the court to decide tho amount of com
pensation for injured affections.
LOST HIS MONEY AT FAB0.
And Now He Socks to Recover It Front the
Gambling House Keepers.
SPECIAL TZLEGUA1I TO TBI DISPATCH. 1
Baltimohe, Dec. 21 Suit has been brought
by M. C. Burkhard. a salesman of this city,
against the managers of Slater's faro bank to
recover $5,000 which he claims to have lost at
different times during the past two years.
Burkhard kept an accurate account of the
money he had sunk, and this he has filed in
court
The losses run continuously from January,
1S83. to January. 1SSU, and nine months to No
vember inclusive in 1S90, His highest Io.s any
month was 5100. which was in January, 1BS9.
He charges that the money was won from him
at faro and roulette. In addition to tup money
lost Burkhard asks for damages. The suit is
brought icainst Robert J. Slater, John Bolt
and Kirk Bennett
SIXTY PEE CENT ACCEPTED.
The Creditors of Ingalls & Co., Accept tho
Terms Offered Them.
Boston, Dec 21 At an adjourned meeting
of the creditors of G. W. Ingalls & Co., boots
and shoes, to-day, the committee of creditors
recommended an acceptance of the proposition
from Mr. Ingalls to pay CO per cent of his In
debtedness in four quarterly payments, in
8, 0, 8 and 12 months, at 6 per cent, the assets to
.remain in the hands of a-lnutoe until ail tho
.notes are paid.
FOR THE DEFENDANT.
The Supreme Court Says Oleo May
be Sold in Original Tack-ages.
STATE YEESUS NATIONAL LAWS.
Tne Bight of Interstate Commerce Can
sot be Abolished,
BUT THERE MAI BE POLICE BEGDLATIOK
ISPECIAL TELEOUAM TO THE DISPATCH.
Philadelphia, Dec. 24. In the case of
the Commonwealth against George Paul, as
to whom a special verdict was rendered for
selling oleomargarine, and who in his
defense was represented by Henry E. Ed
munds, Esq., Judge Eeed has delivered the
following decision:
By agreement of counsel there was fonndby
jury the following verdict special verdict:
nrst we una mat Braun dc 1'itts are resi
dents and citizens of and having their principal
place of business in Chicago, in the State of
Illinois. That they are engaged at that placo
in the manufacture of oleomargarine, and in
selling the product of their factory in original
packages of ten pounds and upward through
their agents, the defendants, at Philadelphia,
Pa.
Second That said Braun A Fltts caused a
license to be taken ont at Philadelphia afore
said from the United States for these said
agents, tho defendants, to make sales of oleo.
margarine in original packages by wholesale, in
accordance with tho provisions of the act of
Congress of August 2, 1830.
The Purchase by Philadelphia Parties.
Third The said defenaants, acting as the
agents of Braun & Pitts, as aforesaid, and
while holding and working under said license,
sold for them' in an original package of CO
ponnds of oleomargarine, manufactured by
said Braun AFitts at Chicago, in the State of
Illinois, and imported by them into the Stato of
Pennsylvania to one John M. Morris, of the
city of Philadelphia, Pa., to-wit, ou the 9th day
ot October, 1890.
Fourth That the said package in which the
defendants sold tho said oleomargarine was tho
same package" in which it -was put up in by
Braun & Fltts. at Chicago, and imported by
them and at the time of said sale by defendant
the said oleomargarine was the property of
said Brann & Fitts.
The question which arises upon this state of
facts is whether the act of Assembly approved
May 21, 1S85. P. L. 22. 13 so limited by the law of
the United States that it does not apply to a
persou who has received from another State
and holds for sale in Its original package the
article known as oleomargarine. Whatever
may bo the extent of tho sovereignty of the
States composing our Union, and whatever
concession they may have made to the Govern
ment ot the United States, there can be no
donbt that there remains in each State a police
power, and that there belongs to the Federal
Government the right to regulate commerce
bcttt ecu the different States. i
Duty of the Court In the Premises.
It is plainly, therefore, the duty of every
court in the land to see that both of these
rights are maintained, and that where tbey
seem to bo in conflict they should bo reconciled
as far as it is posslbio to do so. In tho present
case the State of Pennsylvania, through its
Legislature, has, by an act of Assembly, ap
proved May 21. 1885, entitled "an act for the
protection of the public health to prevent adul
teration ot dairy products and fraud in tho
sale thereof," enacted that:
"No person, firm or corporate body shall
manufacture out of any oleaginous substance
or any compound of the same, other than that
produceafrom unadulterated milk or of cream
from tlm same, any article designed to take
the place of bntter or cheese produced from
pure unadulterated milk or cream from the
same, or of any imitation of adulterated but
ter or cheese, nor shall soli or offer for sale or
have in his, her, or their possession with inten
tion to sell the same as an article of food."
Accordingto Commonwealth versus Powell. 1.
Pa?C. C II. MrTr-TPflHtiavIVaniMBratft 2R8 T2T
United States 678rthe State of Pennsylvania
had. in the opinion of the Supreme Court of
the State, and the Court ot Common Pleas of
Dauphin connty. Pa., the right so to enact So
far, also, as to all transactions beginning and
ending within the State, the State exclusively
applies. Mugler versus Kansas, 123, United
States 023.
Commerce Between tho States.
As to transactions between citizens of differ
ent States the right of the United States is ex
elusive. Leisy versus Hardin, 135, United
States, 100. To this legislative power of declar
ing non-merchantable, and, as it were, contra
band, any article of commerce or consnmntion,
there may have as yet been no limits suggested
in tho decisions upon this subject, and for the
purposes of this argument it may bo assumed
that there aro none such.
As clearly as the States on tho ono hand have
this right to lorbid the sale or possession for
the purposes of sale of any article which tho
Legislature may deem it wise to condemn,
thcro belongs, on the other hand to the United
States, the right to exclusively regulate com
merce bctweon the States. It has been decided
by tho Supreme Court of the United States
that until the original bulk is broken and the
goods become mingled with the common mass
of property within tho State, the right of an
individual to import from another State and
sell any merchantable article which is lcglti.
mate subject of trade and commerce, is su
perior to the right of the State to forbid its
sale. Leisy versus Hardin, supra. This ex
emption of original packages has been recog
nized by the Legislature of Pennsylvania in tho
fourth section of the act of March 31, 1S5C.
pamphlet laws 200. a licenso law which enacted
as follows: 'The provisions of this shall not ap
ply to Importers selliug imported wines, brandy,
etc, in tho original bale, cask, package or ves
sel, etc." It was decided in Leisy versus
Hardin that intoxicating drinks aro within the
protection of this ruling as to original pack
ages. State law Versus National Statute.
The question might have arisen whether
oleomargarine, or imitation butter, is in a
worse position than whisky or rum, and it
might have been necessary, nntil a tribunal of
ultimate appeal should decide tho contrary, to
say that the flat of tho Legislature of Pennsyl
vania was conclusivo in declaring non-merchantable
any article designated to take tho
place of butter if made out ot any oleaginous
substance other than pure milk or cream
But in the opinion of this court, the substance
whose sale is sought to bo forbidden by the act
of Assembly of May 21, 1SS5. does not come
within tne exception laid down in Leisy versus
Harding, for the reason that the United States,
to which belongs the right of regulating com
merce between the States and ol declaring
what shall bo the subject of commercial trans
actions, has, by act ot Congress of Augnst 2,
188b (United States Statutes, at large, 209), de
clared that oleomargarine is a merchantable
article and is a legitimate subject of trade and
commerce, and has by this act regulated its
sale
Pollco Regulation of Sole. '
Patterson vs. Kentucky, 97, U. S. 501, which
is strongly relied upon by tho prosecution,
helu that tho police regulation of the State of
Kentucky forbidding the sale of illuminating
oil unless the latter was up to a certain fire test
was valid. The test was a reasonable one, and
the court decided that the fact that the plain
tiff held letters patent 'of the United States
entitling him to tho exclusivo right to the saje
of the oil in question, did not exempt him from
the effect of the State law which regulates
such sale within the State The court quoted
with approval the argument that a person
might, with as much propriety, claim a right to
commit murder with an instrument because he
held a patent for it as a new, useful invention.
It is enough to say in this case that the State
law regulated, and did not prohibit, as does the
Pennsylvania act ot Assembly of May 21, 1SS5,
and the importance of this distinction Is well
stated in Patterson vs. Kentucky, page 506.
"This court has never hesitated by the most
rigid rules of construction to euard the com
mercial power of Congress against encroach
ment in the form or under the guise of State
regulation established for the purpose and
with the effect of destroying or impairing
rights secured by the constitution. It has
nevertheless, with marked distinction and uni
formity, reoognized the necessity growing out
of the fundamental conditions of civil society
of upholding State police regulations which
were enacted in good faith and had appropriate
and direct connection with that protection to
life, health and property, which each State
owes to her citizens." Sen also Crowley vs.
Christenson, IL L. C, Rep. 16.
Prohibition and Not Regulation.
That the Pennsylvania statute is not a mere
regulation is shown by its items, especially
when these are read in connection with the
act of Congress of Augnst 2, 18S6. The Penn
sylvania statute forbids the sale or any article
destined to take the placo of butter, if such an
article is manufactured out of any article
.other than that produced from unadulterated
milk or cream from the same The act of
Congress on the other hand,.recognlzes a dif
ference between oleomargarine of pure and
Innocuous character and such as may be dele
terious. Section 14 provides that.tl'e Commissioner of
Internal Revenue "may also decide whether
any substance made in imitation or semblance
of butter and Intended for bnman consumption
contains ingredients deleterious to tho public
health, etc;" and section 15 provides for forfeit
ing of packages cdntaining deleterious oleo.
The act of Congress also caretnlly defines both
butter and oleo in the first and second sections
thereof, which read as follows: "That for the
purposes of this act the word bntter shall be
understood to moan the food product usually
known as butter, and which is made exclusively
from milk or cream or both, with or without
salt and with or without additional coloring
matter."
Judgment Given for the Defendant
To recapitulate, the chain of reasoning in
this case is as follows:
First The right of the Stato to enact police
laws, at. least when such laws prohibit tho sale
of articles which, without prohibition, wonld
be legitimate subjects of commercial inter
change is subordinate to the power of tho
United States to regulate commerce between
the States.
Second Tho right to sell in the original pack
age, goods imported front another State, if the
latter are merchantable and legitimate subjects
of trade and commerce, is guaranteed by the
United States, and thongh it can be regulated,
it cannot bo prohibited by any State.
Third The United States has the paramonnt
tight to declare what goods are merchantable
and what regulations for their sale are reason
able. Fourth By an act of Congress, the United
States has declared oleomargarine to be a mer
chantable article and has regulated its sale.
Fifth The act of Assembly ot Pennsylvania,
of May 21, 1S85, does not regulate, but prohibits
tho sale or oleo; therefore, such act cannot ap
ply to the goods described in the special verdict,
and the defendant Is not guilty as he stands in
dicted. Nothing in the able presentation d
the case of the Commonwealth by Mr. Kauif
man has weakened the force of this argument.
Judgment for tho defendant upon the special
verdict
HIGH JINKS ON 'CHANGE.
WALL STREET BULLS AND BEABS EN
GAGE IN A FB0LIC.
It is Their Time-Honored Christmas Eve
Custom, and Yields Great Amusement to
tho Numerous Participants and Specta
torsA Complimentary Presentation.
New Yoek, Dec. 24. The day before
Christmas has long been an occasion for
'High Jinks" on the various exchanges of
the metropolis, and to-day was no exception
to the rule, although tho fun was not so fast
and furious as on numerous former occasions.
There was a mild streak of merriment
present at the Stock Exchange, and the visitor's
gallery was crowded with people who wanted
to see the fun. There was no prearranged
grand demonstration, however, and the reason
given by an ordeily confidentially to a reporter
was, "They're too poor."
Shortly after 10 o'clock, however, there was
a pleasant occurrence. Chairman James
Mitchell was escorted to the desk, where A, D.
Cardova proceeded to harangno him, and in be
half of the members of the Exchange presented
him with a beautiful set of expensive orna
mental table glassware of about 100 pieces. Mr
.Mitchell was completely taken by surprise, but
recovered himself and made a cheerful re
sponse. The glassware was spread out before
him on the desk and set of with choice cut
flowers. It cost $700, and was much admired
during tho day's session.
The principal diversion of the members dnring
the day was the poping of papers foldod in
such a way as to explode liko a pop-gun when
jerked suddenly. This they varied by guying
any momber who attempted to tell reporters
about tho glassware, shouting like madmen,
"Here's your extra. All abont the glassware.
Extra-a-al"
'Turn loose the animals." shontod some one
,n9t,an t-hq clock on the.Consolidated JStock and
h Petroleum lucchangopolntea to 12 tuis noon.
aim uio uuiis ana ucars rusnea peu-meu at
each other. It was bard to tell which was on
top, the taurlans or tho bruins. -The programmo
was to begin with the formation of aline by
the members to congratulate Chairman Peters,
but their wishing him a Merry Christmas was
decidedly informal.
Then somebody threw among the crowd
several miles of ticker tape. One of those wild
tackles at a football game was mild in compari
son with the rush which was made for it. Ono
broker emerged from tho rush in such a dilapi
datedcondition that somebody-thought it was
necessary to pin his name on his backso that his
friends migbtrecognizehim. and during the re
mainder of the "High Jinks," tho victim went
around properly labeled. The blcating.of the
lambs, in which the outside pnblic was invited
to join, was numerous and loud. Many now
bats wero badly fractured during tho melee;
many shouted themselves hoarse, and still
many more feol sore in spots, but everybody
enjoyed it spectators all, particularly tho ladies
who filled tho galleries.
OBJECT TO THE QUESTIONS.
Manufacturers Who Think the Census
People Too Inquisiavo.
tCFECIAL TELEOltAM TO THE aiSFATCH.1
Phii.Adei.phia, Dec 21 Somo of tho man
ufacturers of this city are objecting strongly
to answering all tho questions that aro asked
by tho collectors of the manufacturers' census.
Tho firms which refuse to give tho
enumerators answers to all their
questions do not object 'to furnish
the facts concerning the gross purchases
and production of their establishments and the
men employed, but refuse to give a detailed
account of their business as to profits and cost
of production. Among other firms which have
refused to answer all tho questions is the
Sprockels Sugar Kenning Company. Mr.
Spreckels said:
"The Census Commissioner called on me and
asked me if I would be willing to give informa
tion abont our production, tho purchases, the
.number ot men employed, etc I told him we
wonld, and referred him to Mr. Hnbcr,
our accountant. Tho inquiries into the
most ininuto details of our busi
ness Mr. Hubcr objected to. and
apnlied to me about tho matter. I agreed with
him and told bim not to answer the question.
Somo ot the questions in tho schedules were
as pointed as if they had asked mo what had
como in with the morning mail, or how much
ink we used in conducting our business."
Mr. Spreckels said be did not know of any
concerted movement among business men to
refnse to answer the question, but simply
aoted for his own Arm in refusing
to answer. When asked what course
bo would take if steps were made by tbo
commissioner to compel them by law to answer
the questions, be said: "We will simply refer
the matter to our attorney." The manufac
turers who aro said to bavo refused to fill out
their schedules are Harrison, Frazicr & Co.,
and the Baldwin Locomotive Works.
JOHNSON'S GBEAT FALL.
Blown Over One Hundred Feet Into a
(Juarry and Rescued Uninjured.
rSFECIAL TELEGRAM TO THE DISPATCH.l
Bangor, Me., Dec 21 A man named
Johnson, of Monson, was standing on the edge
of a quarry a day or two ago and was blown
into tne quarry by an unusually heavy gust of
wind. He landed in a small drift 120 feet below
and sank in ten feet of the snow.
He was dug out by companions who fully ex
pected to And a corpse. His nerves were a
little unsteady, but that was tbo only unpleas
ant result of his fall.
AN OBSTINATE EX-TBEASUBEB.
Ho Refuses to Surrender Society Funds in
His Possession.
Fall. River, Mass., Dec 21 John B.
Coouey, ox-Treasurer of the Trades Council,
has been arrested on a charge of larceny, on
the complaint of tho officers of the Council.
The offense alleged is, that Cooney has re
tained funds belonging to the organization,
and has resisted every effort of the officers to
obtain possession of either this balance or tho
books,
A VICTIM OF MELANCHOLIA.
A Patient In a Missouri Insane Asylum Com
mits Suicide.
St. Louis, Dec 21 Mrs. Annie Smith, a pa.
tientat St Vincent's Insane Asylum, commit-,
ted suicide this morning by hanging herself to,
the transom of her room with a bed sheet
which she twisted Into the shape of a rope
She was suffering from acute melancholia
TERY EASY DIYORCE.
A Hebrew Itabbi "Who Grants Them
to Members of His Faitb.
CASE BEFOIIE A MEW YORK COURT.
The United Ucbre-vr Charities Assisting in
tho Prosecution.
EIGHT DOLLARS MAKES A HAN FKEE
;SPECtAL TELEOUAM TO THE DISPATOH,!
New York, Dec. 24. "I have had ap
plications to-day from more thau 20 women
for warrants against their husbands for
abandonment," remarked Police Justice
Hogan in the private examination room of
Essex Market Court. "It is aa evil which
has reached alarming proportions in this
quarter of tho town. The amazing feature
of it is that it is based on theunlawlul prac
tice of certain Hebrew rabbis who grant
divorces to whomever will pay for them.
The applicants for rabbinical divorces be
lievo their marriages have been legally an
nulled and hundreds of them marry again
and render themselves liable to punishment
for bigamy."
Justice Hogan's experience during the
past three or four months at Essex market,
has given him some insight into a peculiar
institution which has been imported into
this country by a great horde of immigrants
who haye been driven to America by Eus
sian prosecution It is a custom which for
years has been practiced on the donsely popu
lated East Side, bnt within a few months it has,
grown into an evil which f nrnishes a serious
problem for public and private charitable insti
tutions and for the conservators of public
morals.
A Case That Shows the Evil.
"Comparatively few of theso cases como be
fore me," said Justice Hogan this afternoon.
"It is seldom that a deserted wife applies here
for a warrant unless she has children whom she
is unable to snpport The number of cases
brought to my attention Is no Indication of the
extent of the evil I listened to a typical case
only a few minutes ago. A young hnsbana
tired of his wife just as sho was about to be
confined. Ho applied to his rabbi for a writing
of divorcement and received it He served it
on bis wife, gave her a few dollars and loft her.
Ho agreed to marry another woman and tho
ceremony mould have taken place before the
end of tho week if be had not been arrested."
it happened by an interesting coincidence
that two movements were entered upon to-day
which have for their object the eradication of
this unlawful custom among tho many thou
sand foreign-born Hebrews, who mako up a
great proportion of the population in the most
densely peopled quartor of the town. The
grand jury took, the matter in band in a public
presentment of tho evil in court, and the
United Hebrew Charities entered upon a cru
sade which is intended to suppress the practice
by criminal prosecutions.
The Grand Jury Opens Up an Inquiry.
Tho grand jury has been investigating tho
matter thoroughly. They sought Information
from Chief Rabbi Josoph, representing, the
orthodox Hebrews, and from Rabbi Gottheil,
representing the reformed Hebrews. They also
board testimony in several cases where these
illegal divorces'wero granted. The presentment
banded up by the grand jury to-day concludes
with these recommendations:
"Tho grand jury are of the opinion that the
granting of these so-called divorces, nntil after
a valid decree of divorce has been issued by a
court of competent jurisdiction, should bo ab
solutely prohibited by law, and bo declared a
misdemeanor,. punishablo for a first offense by
a fine, and for a second offense by imprison
ment; and that, npon tbo passage of such a
law, proper measures should De taken for in
structing persons affected thereby of its pro
visions." Jndge Martine promised to forward
tliA nrMnntiMnnt to thft TironprAtlthoritlp
xxeuTOWl 4B3isung uio jAuuioriucg.
Tho action decided npon by tbo agents of tbo
United Hebrew Charities is in the lino of en
forcement of existing laws. They will make
the case abovo quotod by Justice Hogan a test
one. The husband, Kapel Harris', will bo held
to strict accountability, and it a case can be
made against the rabbi granting the divorce ho
will be prosecuted. Arnold B. Ehrlich has
chargo of tho matter for tbo societies. Mrs.
Harris lives at 55 Forsythe street She is 19
years old. Her bnsband got her to sign this
paper.
"Ne-w York, Oct 11
"Known by all theso presents that I. Chaie
Kirshovitz. of the city, county and State of
New York, in consideration of tho sum or $8
(eight dollars) la wfoi' money of the United
States to me paid by Kopel Harris, of same
placo, for the release of said Kopel Harris from
me as a husband, which he was to mo nntil
now, and I hereby agree not to havo any claims
against him whatever, and will not bring any
suit against said Kopei Harris in any civil or
criminal courts to support mo or a child which
I mav bavo hereafter from said Kopel Harris,
and I also allow said Kopel Harris to get mar
ried to whom he may choose, aud I will not in
terfere with any ono bo may get married to,
and will have no claim to him as a wife forever
from date CnAiK HinsiioviTZ.
"Signed in presonce of Moritz Tolk."
Ready for His Now Spouse.
Neither Harris nor his wife can read English,
but tho man undoubtedly believed that ho was
free through this document, from his marital
bonds and obligations. For sevoral months
Harris has been paying conrt to Bctta Crous.
Her brother-in-law agreed to set her bnsband
up in bnsiness. and so Harris boond himself to
marry Beta Friday afternoon at i o'clock. The
invitations for tho wedding were out rooms
for the couple's occupancy were engaged, and
tho dinner bespoken, when Mr. Erhlicil sworo
out a warrant against him tor deserting his
wife and ho was arrested.
Harris' intended brother-in-law appeared
with him beforo Jndge Hogan in the Polico
Conrt to-day and appealed to have Harris set
free on the ground that everything was ready
for his nodding, and it would bo such a disap
pointment if he was prevented going on with
it Harris exhibited the agreement above
quoted to show that he was free. Justic Hogan
told him through an interpreter that if he mar
ried again be would be sent to States prison for
bigamy, and held him to answer tho chargo of
deserting his wifo.
A DESPERATE SBNATOBIAL FIGHT.
Tho Seats of Five Democratic Assomblymen
to bo Contested.
Chicago, Dec 21 Chairman "Long" Jones,
of the Republican Stato Central Committee,
gave notice to-night that the right ot five Dem
ocratic Stato Senators elected to sit in the
Legislature wonld bo contested. This is tbo
latest maneuver In the fight for the United
States Senatorship from Illinois. Tbo notices
were withheld nntil tho last moment allowed
by law, tbe motive for dolay being, it is under
stood, to avoid stirring np the Democrats to
possible reprisals. Tbo State Senators upon
whom notice was served aro Noonan, of tho
First district; Caldwell, of the Ihirty-ninth;
Arnold, of the Thirteenth; Dawkins, of tbe
Seventeenth; and Coppinger, of the Four
teenth. General charges of bribing voters and prom
ises of office in the organization in the General
Assembly are the main grounds set forth for
the contests, except as to Dawkins, who is al
leged to be ineligible because of foreign birth.
With the contest against Merritt of Spring
field, there is now a controversy raised as to a
half-dozen Democratic seats and a pair of Re
publicans. Tbe Legislature is almost evenly
divided between Democrats and Republicans
cm joint ballot with three Farmers' Alliance
men apparently holding tho balance ot power.
The avowed candidates, so far, aro General
John M. Palmer. Dem and Charles B. Far
well, Rep., who is tbe present incumbent. The
strnggle'promise s to be fully as fierce and sen
sational as the memorable one in which tbe
late General John A. Logan defeated "Hori
zontal" William B. Morrison, now a member of
the Inter-Stato Commerce Commission.
A DTVOBCE LAWYEB ABBESTED.
Ho Is Charged With Procuring Bogus Writs
From Courts.
NEW Y0I5K, Dec 21 William Duryea
Hughes, the lawyer who ran tbo bogus divorce
mill on Broadway, was arrested at 5 o'clock
this afternoon and locked up at police bead,
quarters. Detectives Reilly and Trainor
found bim in hiding at 685 Third avenue.
To the police Hughes gave his ocenpation as
that of a lawyer, age 43. The arrest was made
ou a bench warrant Issued by Jndge Martine,
a
HARRISON AS SANTA CLAUS.
on the complaint of ex-Mayor Pendleton, of
Fort Worth, Tex., one of his victims. No other
arrests were made in connection with tbe
bogus divorce concern to-night, bnt it wa3 inti
mated that Campbell and Bnttner, Hughes' ex
partners, wonld be arrested soon.
CHICAGO IS HAPPY.
habC
r6.f, 'AMATION A WELCOME
Of ? JoGW-
',
'to,, l4,,r
Active Work to Begin -. V fr SU ,y, Now
That the Existence of tilt-, r Mlon is
Offlcially Guaranteed Tlie-Board of
Control to be Called.
Chicago, Dec. 2i President Harrison's
proclamation was no surprise at tbe World's
Fair headquarters, but it was everywhere
regarded as a most enjoyable Christmas
gift. The Directors and every ordinary cit
izen who stopped bnying presents long enough
to hear about the proclamation were delighted.
The status of tbe Exposition is now settled.
Chicago is to have a" World's Fair the world
well knows it and is invited to attend.
The proclamation marks an epoch in the Ex
position. Up to this time the work has been
on paper, and represented the civio organiza
tion of the enterprise. All tbe material, sub
stantial work depended on this preliminary or
ganization. No digging or building could bo
attempted until it was known be) ond donbt
that Chicago was to hold a World's Fair. The
question could not bo settled beyond all doubt
until tho President issued his proclamation.
Now the United States Government declares
that the World's Columbian Exposition will be
held in Chicago in 1E93, and announces to tho
nations that Chicago has made ade
quate provision for tho grounds and
buildings, and has raised $10,000,000 for tho
uses of the Fair. With this sort of guar
anty from the Presidont tho Exposition is
given a standing with overy Government in
Christendom, and tho invitation-to each nation
goes well accredited. Tho proclamation and
Invitation Vr8 the fc&mmisjiiM. a footing ort
wuivu iv Buucib ciuiuiko xruiu juieiu uuiuun,
and ask State Legislatures for appropriations.
Said one of the Directors tins e'venine: "Tho
time has not been of presont value Tbe proc
lamation comes wnen it is most needed, ana
when its first effect is likely to prove most ben
eficial. Every lick and brick now will produce
greater results than if the proclamation bad
been issued a month or two ago and forgot
ten." The Board of Control will probably be called
to meet in a few days to appoint a committeo
to visit tho Legislatures and keep the agitation
warm during tbe sessions of tho Appropriation
Committees. The Legislatures of a number of
ntates win meet in ten days or two weeks.
Heads of more bureaus will be appointed as
soon as tho new headnuarters are occupied.
and the moving begins to-morrow. Prepara
tions lor tne digging win ue begun at tne next
meeting of the Directors. From this time on
tbe work will be visible It will make holes in
the ground and structures in the air.
MBS. MOOSE'S NEBVE.
Through Her Efforts a Bold Burglar
is
Caught by Her Husband.
rBTCTAL TELEOBAM TO TUE DIBPATClt.1
Philadelphia, Dec 21 A bold attempt at
burglary, followed by a desperate effort to
escape in which a man was shot and a woman's
plnck showed itself, is tho story of tho
sensational arrest in West Philadelphia,
to-night of Frank Harris, a notoripns thief.
Under the flare of the electric light and before
the gaze of hundreds of amazed pedestrians,
Harris smashed the window f tho jewelry
storo of Edward Moore, at 4073 Uarverford
street, and grasped a handful of the valuables
on display.
Mrs. Mooro was closo to the window inside.
She seized the burglar by the wrist and shouted
loudly for her husband. Mr. Moore rantober
relief, but beforo ho could get outside the
burglar succeeded in wrenching his band free.
Ho rnshed down the street with his
booty, closely followed by Edward Mooro and
his son William. They sneceeded in catching
up with the thief about a square distant,
William was tbo first to seize him, but
Harris turned upon young Moore and
fired at bim, the bullet passing closo
to bis head. Edward Moore, tho father, caneht
np and seized Harris, who turned and fired
again. This time the shot (took effect in tho
son's arm. Harris made an attempt to fire
again, but the Moores overpowered him and
held him till the police came.
THE STATE LAW WE0NG.
Michigan Republicans Who Unwittingly
Lost Somo Oftlccs.
rSPECTAL TELEOUAM TO THE DISPATCTM
Lansing, Mich., Dec 21 The Legislature
of 1889 enacted a law providing for cumulative
voting for representatives to the State Legisla
ture in districts where moro than pne is to bo
elected. Underthis statute the Republicans of
tho Detroit city district, which is entitled R
7 representatives, cumulated their votes upon
fonr candidates, and in Grand Rapids, which
Is entitled to two representatives, upon one In
each instance Democratic boards canvassed
the cumulative ballots as a single vote and is
sued certificates of election to all tho Demo
cratic candidates,
Tbe Supremo Court was asked for a manda
mus to compel the issuing of certificates to tho
Republican candidates. In denying the appli
cation Chief Justice Champlin says that
tbe constitution of implication forbid3 any
elector to cast more than one vote for any
candidate and it is not in the power of the
Legislature to give to the choico of an elector
more than a singlo expression. All the Jus
tices, except Cahill , conenr.
WILY CIDIANS ESCAPE.
Colonel Sumner Loses the Braves Who(Had
Surrendered to Him.
SPECIAL TKLEaitAM TO THE DISPATCH.l
Pne Ridge, S. v., via RtrsrrnLLE. Neb..
Dec 21 Big Foot and the Sitting Bull braves
who surrendered to Colonel Sumner day bofore
yesterday, and were being escorted to the Mis
souri river, escaped and fled south to Kicking
Bear and other hostiles. Colonel Sumner
who mourns the loss of 200 braves,
telegraphed this information this morn
ing. It set this camp into an uproar.
In an hour fonr companies of Ninth Cavalry,
with pack mules, two Hotchkiss guns and one
mortar, trotted down the road and over the
hills. A wagon train and escort fol
lowed. Colonel Henry is in charge, but it is
probably too lato to prevent the union of the
warriors and will go into camp on White river.
20 miles east of the Bad Lands. The Seventh
Cavalry will probably leave In the morning and
attack the redskins from tbe south. Tne peace
the Seventh and the Indians in Bad Lands is I
now considered a certainty. - 1
ER
DEVOTION
WO
How Frank Aldrich's Pretty
Wife Freed Him From
Prison and Disgrace.
SHE IS TRULY A HEROINE,
Romance of the Once Famous Lemon
Hunko Caso of Allegheny City,
THE REAL CULrKITS DISC0TERED.
AH Caused by tho Husband's Eesemblanca
to a Notorious Crook.
FOUCED EYE.VTO PLEDGE HEE JEWELS
Christmas to-day will come with its burden
of joys and sorrows to all. Each will have
his or her enjoyments, bnt undoubtedly the
happiest person in all tbe State will be
pretty 3Irs. Frank B. AlJnch. Yet hers
will be a happiness of giving, for
this morning she will hand to
Warden Wright the pardon for her
husband Frank P. Aldrich, who is now an
inmate of the Western Penitentiary under
a seven years sentence for robbing old Mr.
Lemon, of Allegheny, of 510,000.
He ha3 served two years of his sentence,
but in those two years his plucky little wife
has proved herself keener than the best de
tectives of tbe connty. Her labor in the past
two years would form the groundwork for a
novel, for she has proven beyond a doubt
that her husband did not commit the crime
for which he was sentenced. She has clearly
shown that tbe sword of justice iell unjustly
and branded one with the stigma of "con
vict" who ought to be free as air. She has
even gone further, and has found the men
who committed the crime, although the de
tectives have been unable to locate them.
Since they took the 510,000 they have made
several trips to Europe, bnt so far have not
been caught.
BeglnnlngUer Self-Imposed Task.
When the doors of Itiverside closed on
Frank Aldrich two years ago the plucky
little woman found herself possessed of
about $8,000, the earnings of a lifetime, and
the firm belief that her bnsband was inno
cent. She if one of the McLeans, of Ohio,
and is a near relative ot John McLean, of
the Cincinnati Commercial-Gazette.
Mrs. Aldrich first interested the Bev. Mr.
Bcatty, of Columbus, O., in the case. Ha
wrote letters to the Pennsylvania Pardon
Board and to Warden Wright From that
she traveled all over the country, procuring
evidence and enlisting in her cause promi
nent men. At Hanisburg she found a friend
in Secretary of State Stone, and in Wash
ington she enlisted the sympathies and
powers of Senators Quay and Ingalls. She
went from city to city and stimulated the
police to greater efforts. Her money failed,
but her own jewels she took and sold. The
result was she "proved a cise of mistaken
identity. Her case was so strong that even
in the face of a scorching, letter from Jndge
Collier tbe pardon was granted.
This morning's mail will bring to her the
papers which will ensure her husband's re
lease from prison and dishonor. She started
with a fortune. To-day when the husband
and wife meet in the corridor of the Peni
tentiary between them they will not have
enough to bny a suit to cover his prison
garb. But that will not mar the ectasy of
the meeting. Her end has been gained, and
although both health and fortune have been
lost, freedom has been regained, and with
that brave little woman beside him could
anyone dare call him "thief."
A Crime Enveloped in Mystery.
The story of the crime for which Frank"
Aldrich has unjustly suffered is familiar to
all. Two years ago old Mr. Lemon wa3
buncoed out of S10.C00 in Allegheny. The job
bad boen a clover one Every track had been
covered. No clue could be found to the con
fidence men. All there was, was but an in
distinct memory of a face left on the mind of
old man Lemon.
While ail tho local officers were at sea. Matt
Pinkerton, of Chicago, appeared on the scene
and represented himself as one of tbe great
detectives of that city. He, however, after
ward proved to bo no relative of the Pinker
tons, and wa3 not connected with that agency.
Ho met Mr. Lemon, and for Jjl.200 offered to
locatoonoof tho three men who had swindled
him. Connected with Matt Pinkerton was a
well-known bunco man named Quinn.
wbo had served a term in the St. Louis Peni
tentiary. This man had a grudge against
Frank B. Aldrich, who, by the way, was well
known in show circles. The description given
by Mr. Lemon tallied with that of Aldrich, and
Pinkerton had no trouble locating tbe man at
Windsor, Ont. Detectivo Murphv. now Chief.
Murphy, of Allegheny, went with Pinkerton to
Canada.
Brought Hack and Convicted.
After considerable trouble in the courts thero
Frank Aldrich was brought back and given a
trial. Mr. Lemon declared Aldrich was the
man who played tbe gamo the day he lost his
10000. Aldrich was convicted and sentenced
by 'judge Collier to seven years In the Elver
side Penitentiary. .,.,...,,.
Before bo was arrested Aldrich's home was
at Stanford, Kas. He had a neat bouse
there, all paid for, and a happy little wife.
Tbey had no children. Aldrich was well
known. Ho was a circus man and bore a good
reputation. At the trial half a dozen of the
best citizens came from Stanford to Pittsburg
and testified as to Aldrich's character, and also
to tho fact that Aldrich was at hi3 home
in Kansas at the time tho old man gave up
his senses and bis $10,000 in Allegheny. One of
these witnesses was Frank Cox, the owner of .
the Frank Cox Bank, of Stanford. W. D. Por
ter was then District Attorney, and he built bis
case on the fact that Mr. Lemon identified
Aldrich. His idea caught tho jury and
Aldrich lost hope and freedom.
Not so with the brave little woman, his wife.
She commenced a line of work which ha3 ulti
mately secured bis pardon. Prominent men
everywhere sho interested in tbe case. She
proved Matt Pinkerton to be a blackmailer
and only a few days ago the Chicago papers
published columns showing up Pinkerton's
crooked actions in other matters.
She took np the idea that her husband must
have born a marked resemblance to the real
criminal, and started detectives to hunt for a
OUnCO mau wuu icacuuicu x' iwft wiauaaou. j.
The Real. Criminals Ferreted Out.
Her methods were correct, and a mau named
Ludlow famous all over the world as a con
fidence man was lound to be the man wbo
really did tbe job with two associates, whose
names are known to tbe police of several cities.
The proof shown to Chief Murphy was so con
clusive that he willingly made affidavit that
Aldrich was not the man. The Chicago
Pinkerton and the Pittsburg police made
similar statements. Tney had traced the real
thieves to Europe and back several times since
the robbery bnt have been unable to catch,
them. They also said it was useless to prose
cute them as long as Mr. Lemon believed Aid
rich was tbe robber while be was nnder sen
tence for the roDoery.
These with a mass of other evidence were
laid before tbe Pardon Board by John Morrow,
Esq.. and Mrs. Aldrich Tuesday a week ago.
The Board ba,d decided they wonld only allow
each attorney 15 minutes for his case, bnt when
the romances and plots of tbe famous bunko case
be-an to unravel the board Inrzot ail rnlea
and listened and asked questions for a full two
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