Richmond Palladium (Daily), Volume 33, Number 183, 16 August 1908 — Page 10

PAGE TEX.

THE RICHMOND PALLADIUM AND SUN-TE L.EGRA3I, SUNDAY, AUGUST 16, 190S.

PETITION FOR NEW TRIAL COMES SOON Attorney General Bonaparte To Ask for Rehearing of Standard Case. GROSSCUP IS ATTACKED.

PETITION WILL BE PUSHED FROM THE START DOCUMENT CLEARLY SETS FORTH GOVERNMENT'S SIDE OF CASE.

SHOOTS HIS BRIDE of WEEKS Then Jealous Petrik Committed Suicide.

Washington, D. C, Aug. 15. A petition for a rehearing of the Standard Oil $29,240,000 fino case will be" filed In the United States circuit court of appeals in Chicago in less than a week. It has been prepared and printed. Attorney General Bonaparte Is now giving It final thought, with a view to reducing It3 length a bit As the petition now stands it is a document of about forty printed page3 prepared by District Attorney Sims, who argued the case before Judges Grosscup, Baiter and Seaman. It is a complete controversial answer to the opinion of the court, Tead by Judge Grosscup and intended more for the

; eyes of Justices of the supreme court

than for the three judges who over

turned the work of Judge Landis and

gave President Roosevelt an opportun

ity to remark that the overturning seemed to him like a gross miscarriage of Justice. To Observe Formality. Of course, the theory is that the circuit Judges will reverse themselves and approve the Landia judgment,, but every man in the department of justice knows that the circuit judges will reaffirm their reversal of Judge Landls and do It almost out of hand. But it is a formality that the lawyers . think had better be observed than disregarded. By asking for a rehearing the attorneys for the government will stand before the supreme court when they apply for a writ of certlorart with a clean record. They will.be able to say to the court that they have tried to have the circuit court see the erroneous constructions of the law and correct them, but without, success. In the petition for a rehearing the attorneys for the government are most vigorously aitaekingji that part of Judge Grosscup's opinion in which he holds it to have been.Abuse of judicial discretion for Judge Landis to have fined the Standard Oilcompany of Indiana, thirty times theamount of its capital stock. Many Authorities (Cited. An array of authorities appalling to a lay mind has been gatheoed together to show that the judgeof a criminal court seldom, if ever, gives any thought to the question of whether the defendant at the bar is or isnot able to pay the -minimum or maximum fine provided byUhe law. On t!tecontrary the practice Js to take the ordinary offender and fine him any amount that is deemed -fitting and. tocommitthe offender tothe jail orworkhouse until the fine isrld. The government-wilMnsist that it is Indeed strange doetrine.for aa Appellate court to intimate that ittis an abuse of judicial discretion for a judge to impose that maximum penalty upon an offender 'found guilty, not of one, but of many 'violations of a law that seems plain and easily understood. On the question as to whether testimony should have been admitted allowing the oil -company to show it had no intntion to violate the law. the argument is 'less strenuous in form, but fully as vigorous in substance,

Cleveland, O., Aug. 15. Crazed with

Jealously, Stephen Petrik, 22 years of

age, probably fatally shot Marie Pet

rik, 18 years old, his bride of seven

weeks at their home here yesterday,

and then committed suicide.

Petrik had long been Jealous of his

wife and several serious quariels resulted. This morning they had If dispute and he left the house after threat

ening to kill her. lie returned later

and again threatened her. She drop

ped on her knees to plead with him,

when he drew a revolver and shot her three times. ' He then fired a shot in

to his head.

the contention being that a corporation such as the oil company does not

stand on the same footing occupied

by the man who, once or twice a year

ships a barrel of potatoes. Such a man does not know how to ascertain the lawful rate and the presumDtion

when he ships is that he has every

reason to believe he is paying the lawful rate when he tenders the amount demanded by the company. Think Company Should Know. But in the case of a shipper like the Standard, which sends out thousands

of shipments every week, the DresumD-

tion is that it knows the legal rate as

well if not better than the average agent of the railroad company, be

cause all of its men who have anything

to do with its shipping department are experts in the handling of traffic sheets. For them or an officer of the company to assert that they did not know that what the rate clerk of the Alton told them was not thi tegal rate was equivalent to asserting that the Standard Oil Company of Indiana is the most lamentably inefficient business organization conceivable. It -is no answer, the petition holds, for the oil company, to call attention to the fact that the sum paid to the Alton is the legal rate on some other railroad, because it is a fact that different railroads have different rates to the same points, although, as a rule, competitive points take the same rate. As to the strictures of the Circuit Court of Appeals about Judge Landis"s act in bringing John D. Rockefellev into the case after the testimony was all in and the arguments had been made, the contention is that it is the

privilege of every judge, in his efforts

to arrive at a clear understandlne of

the defendant before him, to get whatever assistance he can. It is in

slsted that it is the practice of all

Judges in criminal courts to call in friends of the court for Information that will lead them to impose punish

ments that will fit the crime. . The sentence, it will be contended, is not a part of the trial in the sense that the Circuit court regards it in its opinion telling why Judge Landis was reversed. It is no more a part of the trial than is the day fixed in a sentence of death. Because that day passes while the cassis an appellate court is no reason for saying that the sentence of the trial is a nullity. That question has been fought out in the courts, and the government will insist that Judge Landis' summoning of John D. Rockefeller is no more a part of the case than is the day fixed in a sentence of death. The petition for a rehearing is to be pressed so that the application for a writ of certiorari can be made early In October if the Circuit court will pass on the petition in time for such speedy action.

Mary Thomas of Muncie is the guest of Miss Louisa Willams,

. Relieves sour stomach, palpitation of the heart. Digests what you eaL

Indiana BUSINESS COLLEGE

Fall Term Opens August 31st at Indianapolis, Marion, Muncie, Lafayette, Logansport, Kokomo, Columbus, Anderson and Richmond. J.D. BRUNNERPres. C. C. CRING, Gen. Mgr. For information address L. B. CAMPBELL, Manaoer of Richmond School Phone 2040. Manager's Resident Phone 1696.

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MYSTERY IS SOLVED

Negro Confesses Child Was Killed to Get It's Heart's Blood.

A. WITCHCRAFT CASE.

Havana, Aug. 15. A negro named Marin residing at Alacranes, has made confession that clears up a horrible witchcraft mystery which has been puzzling the authorities since early in June when Luisa Valdes, a white child disappeared. Marin said he met Fidel Valladeres a negro, also in custody, who told him he wanted a white baby for the purpose of procuring its heart's blood to cure his mother's illness, this being the only cure according to witche3 who had been consulted. After several, meetings with Valladeres, Marin consented to get the child and enlisted as an aid Victor Navarro who was living at the Valdes home. Navarro stole the child June 4, placing her in a bag to prevent her cries from being heard. He delivered the bag to Marin and Valladeres. The men were joined by Irene Rodriguez and all went to an Isolated place. Until then Marin declares he did not understand that the baby was to be killed, and he said he desisted upon being threatened with a machete. Then Valladeres and Rodriguez hung the child to a tree and Rodriguez drawing a knite from his belt, cut her throat and chest, extracted her heart and caught the blood in a can. The body was then j-eplaced in the bag and thrown into a spring. Marin says he will show the place where the body Is hidden. The other prisoners deny the story, but the authorities believe Marin is telling the truth. Two years ago a similar case of "Brujerla" or witchcraft, occurred, a child having been killed to make broth for a barren woman, the witches prescribing this as an Infallible remedy.

POOR WHITES ARE : ON INCREASE NOW Remedial Methods for South Africa Considered.

Cape Town, Aug. 15. The Transvaal commission, appointed to study the serious problem of pauperism which affects the whole of South Africa, reports that the number of poor

whites is increasing daily, and the increase is traceable to the prejudice of the entire community against manual labor. A secondary cause, in the opinion of the commission, is the primitive agricultural traditions and tho fixed idea that every countryman must own land. The commission recommends a variety of remedial measures, among which are included government encouragement of white labor, a land tax, modification of the land laws, the establishment of a labor colony "to which idlers and vagrants could bo commited the fostering of agricultural and industrial expansion, the strict exclusion of undesirables, and finally the prohibitilon of Asiatic immigration.

Pexelope: None better than Gold Medat Flour. Vebosica.

PRODUCES JVIUCH COPPER. State of Utah Has 8,500,000 Pounds Output. Salt Lake City, Aug. 15. During July the State of Utah produced about 8,500,000 pounds of copper, which is about the amount produced in June. The largest contributor was the Utah Copper Company, all of which is new production this year.

Winifred: Gold Medal Flour is best for pastry. Beathicb

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