Altoona Times from Altoona, Pennsylvania • 9

THE ALTOONA TIMES, Ali'OONA. PA, Page Nine Monday, July 5, 1915. July 4, 1915 A Nation Quick Honor, But With Peaceful Intent Toward All i Mi ii ii in I i mr -rriffiin i i i llA i i Ar'waMKr-" s-j'rffifNg? mat ss? wlis a wjrjl jbk i trap. said Hunnieott in" grini" jest; and straightway Kent saw possibilities; saw a thing to be done, though not yet the manner of its doing. "If you'll excuse me," he said abruptly to his companion, "I believe CU try to catch the flyer back to the capital.

I came down to see about selling those lots of mine, but If you will undertake it for me "Of course," said Hunalcott; "I'll be only too glad. You've ten minutes: i The Spirit of I S.fit QSTRICH FARM OFFICERS GO ON WITNESS STAND (Continued from Page 1.) i ed by the. court, Mr. Hile 'continued: year 'wo elected some directors wTio were so muck interested in wireless icii'fjranuy ruuDer stoeK ana ovner-pro-C positions that-, they Jet ua-fro to Jiell. ifl plead with tliom to stand bv their L'uns, j.

have been deserted and we are (trouble. My life und my body and my soul are dedicated to this propos- Bile, thus faced his accusers at the climax of lonrthy examination which sf had lniited tlirouU most of the after ilnoon session. This statement came a tender made by Mr. Hile to turn 1 back -all of his present stock-holdings fiiito the treasury of the company, pro-4f vided the court would direct tliaU every i bonus stuck-Jiolder do likewise. The entire proceedings- of the dav 4 were devoted to the testimony and a.cros8 examination of James E.

Teple, secretary and t'roasurer and W. H. Hile, president. Somewhat to the surprise of the defendants, the announcement was made at the opening court KM" Ill will 13 ItDllU lillUL IdOCi TEPLE ON STAND The first witness called bv the de- Ifense was Mr. Teple.

who testified that S'lie llfld hpf'll RnerufHTV (if 1ki dnintvunu 1since Nov. 3, 1010, the date of its or-iSganizat'ion, and that he owned a shares of 'the -capital stock. Ho stated jthat the present directors were W. 1L i-afHile, James i. Tcplo, J.

A. Starret, 1). MS. Drake, J. (J, Kichards, H.

Chron- Sister, L. Cram. L. Kuiir and J. AfMarley.

The newly elected members of a Hie board were J. A. Starrett, H. wLC'hronister, J. 0.

Drum, K. L- Kung and w). Marley who assumed ollice at the kunual stock -holders held in larrisburi', on March VJ. He stated I 'at the company owned sixtv-one fctnehes, forty-live at present beiinr at jSijv, anu sixteen at anu wenfy-one Guernsey cows and calves. -si, Ihese interrogations were followed by 'jPumerous other questions which had the subicct of previous exami na si i -j(uiis tui wiciiesscB ana tue siiectators in t'he court room composed themselves tto, a period or teuiousness ana monotony which lies characterized many of the ease.

-i Secretary Teple was examined at about the transfer of hogs a inroiiRn uiii oi saio to v. i. iliie. It developed that Hile had purchased all sWine owned by the company on April 10.1 1015. acnuirinir llmni Hl'fiir a.

imv. a iuciii7 oi xnis imi oi saie was tri I.Iib A Arl i .,1 ifcestimoney was oflercd by the witness which covered the contract authorized by; the directors of the company with W. H. Hile and which snecnied that Itaart of the area of the back farm wns (to be occupied as a hog ranch and that I the company would receive 50 per cent oi tno oroiits ot nog operations return. I he Avitness was questioned at lena-tli iabout the executive committee, a board that previous witnesses had testified a fring ithin a ring of the organization.

churning that the actmiKcoutro of the oi directors and the company was Jin its hands. Teple stated that ame present executive committee was a-omposed of V. H. Hile, himself and tna i.uvf nu jitm resigned in reu-rujry. Uefore Mr.

ost's resignation, tiiiy, ie)ie ana lost, lias continuously comprised tlie committee since the in---iccption of tin; 1 THE MART.f.V SVNnDSTC The copy or synopsis of the min- ites torwarded to J. J. Marley, direc- W'ilkesbarre. a subject which had ecupied much of the attention of the i-ourt was taken up. eple emphatically onion that lie Had changed the worn- ug ot the resolutions pertain in" to the authorization of the sale of stock, or who jecciverahip proceedings.

The text tneso resolutions, lie asserted, was rtiiied at a subscouent meeting, and Ithodgh Marley was present and ob- t'ted to tlicir pliraseologv, other' direc-rs ruled him down by their certification original correctness. 'An exhibit covering the present stock Mdinps of W. II. Hile was submitted ordered into the record after the 'Statement was made that it checked with 1 .1.1 i wxt to Defend Its THE GRAFTERS "By FRANCIS LYNDE Cu (Continued from Page 8.) iy at first, as; buyers intrusted the continuance of the golden shower; more rapidly a little later, as tha Guilford policy defined itself in terms of apparent permanence. Towns along the line hamlets long since fallen into the way-station rut of desuetude awoke with a start, bestirring themselves Joyfully to meet (he Inspiriting conditions.

At Midland City, Stephen Hawk, the new right-of-way agent, ventured to ask municipal help to construct a ten-mile branch to Lavabee: It was forthcoming promptly; and the mass meeting, at which the bond loan was anticipated by. public subscription shouted ltsell hoarse in enthusiasm. At Gaston, where Hawk asked for a donation of land whereon the company might build the long-promised division repair-shops, people fought with one another to be first among the donors. And at Juniberg, where' tha company proposed to establish the first of a ceries of grain subtreasurie? warehouses in which the farmers of the surrounding country could store their products and borrow money on them from the railroad company at the rate of three per cent, per annum at Juniberg enough money was subscribed to erect three such depots as the heaviest crop could possibly fill. It was while the pendulum of prosperity was In full swing that David Kent took a day off from sweating over his problem of ousting the receiver and ran down to Gaston.

Single-eyed as he was in the pursuit of justice, he was not unmindful of the six lots standing in his name In the Gaston suburb, and from all accounts the lime was come to dispose of them. He was smoking his after-dinner cigar in 'the lobby of the hotel and trying as he might to orient himself when Blashfleld Hunnieott drifted in. Kent gave the sometime local attorney a cigar, mane room for him on the plush-covered settee, and proceeded to hirn dry of Gsston news. and the, foreign-bred ostrich, explaining in detail the difference in market value between the two classes of plumes, rrom this point, he described the productivity of tlie ostrich, stating that some of the birds at Uspy were tho progeny of a single pair which had began tlie production of a flock that eventually amounted to 0,000 birds. He explained that the ostriches owned by the company were approaching their productivity stage, and for that reason, they hadn't been plucked for two vears, as such an operation would endanger their fertility.

Continuing further, the tviuiess waxea earnestly eloquent and from tlie witness stand delivered a peroration, the like of which has probably never before been heard in a United States court. The attorneys and all others present were spellbound during its delivery nnd at its completion an imrrcbsive' silence prevailed. Hile contended that he was satisfied with Judge 1j. S. 'Walter as a receiver and would be perfectly willing to agree to tha permanency of the appointment, pro-vried the board of directors could nams an associate that would be acceptable to attorney Duy.

It was then that ha elated the "inside history" of his organization. Court then quietly adjourned until Tuesday, July la. lift pected," was all the answer he got until the train was slowing into tha union station. Then as he flung away the stump of the little cigar the silent one added: "If I were in your nlo.ee. Mr.

Kent. I helluva I uhr.tt7.li take a supplementary course of read log in the state law," "In what particular part of it?" said Kent, keen anxiet in everv word. "In that part of the fundamental law! which relates to the election of circuit ludges, lot us say. If I had your casa, to light, I should try to obliterate Judga MacFarlane." i. Kent had but a moment in which to remark the curious coincidence in tha use of precisely the same word by both Hunnieott and his present adviser.

"But my dear sir! we should gain nothing by MacFarlane's removal when his successor would be appointed by the executive!" Marston turned in the doorway of the smoking-compartment and laid a fatherly hand on the younger man's shoulder. "My boy, I didn't say I said Good-night," CHAPTER XIV. I'f- THE GERRYMANDER. With Judge Marston's hint partly to point the way, Kent was no long time in getting at work on the new lead. Having been at the time a practi tioner in one ot the counties affected, he knew the political deal by which MacFarlane had been elected.

Briefly described, it was a swapping of horses in midstream. In the preliminary canvass it was discovered that in all probability Judge MacFarlane's district, as constituted, would not re- elect him. But the adjoining district was strong enough to spare a county, without loss to the party; and that county added to MacFarlane's voting strength would tip the scale in his favor. The assembly was in session, and the remedy applied in the shape of a bill re-adjusting the district linea to fit the political necessity. While this bill was still in the lowet house an obstacle presented 'Itself in 1 the form of a vigorous protest' from Judge Whitcomb, whose district was the one to suffer the loss.

The county In question was a prosperous one, and the court fees which a compliant clerW might secretly divide with the judge' appointing him were large: where- fore Whitcomb threatened political reprisals if Kiowa county should be talc- en away from him. The outcome vat i a compromise. For elective purposes (he two districts were gerrymandered as the bill proposed; but it was ex- pressly provided that the transferred county should remain judicially in Whitcomb's district until the expiration of Whitcomb's term of office. Having refreshed his memory as to 1 the facts, Kent spent a forenoon in the state library. He stayed on past the luncheon hour, feeding on a dry diet of digests; and it was not until nun- ger began to sharpen his faculties that he thought of going back of the statu- tory law to the fountain-head in the constitution of the state.

Here, after he had read carefully section by section almost through the entire instrument, his eye lighted upon a clause which gradually grew luminous as he read and re-read it 1b what Marston meant; it must be what he meant," he mused; and returning the book to its niche In the alcove he sat down to put 'his face in his hands and sum up tha status in logical sequence. Summed tip, the inquiries pointed themselves thus: was there any basis for the Gaston revival other than the lately changed attitude of the railroad? tn other words, if the cut rates should be withdrawn and the railroad activities cease, would there not be a second and still more disastrous collapse of the Gaston bubble? Pressed hardly, Hunnieott admitted the probability; given another turn, (he screw of inquiry squeezed out an admission of the fact, slurred over by the revivalist, that the railway company's treasury was really the almsbox into which all hands were dipping. "One more question and I'll let tip on you," said Kent. "It used to be said of you in the flush times that you kept tab on the real estate transfers when everybody else was too busy to read the record. Do you still do It?" Hunnieott laughed uneasily, "Rather more than ever just now, as you'd imagine." "It, Is well.

Now you know the members of the old gang, from hio excellency down. Tell me one thing: are they buying or selling?" Hunnieott sprang up and slapped his leg. "By Jupiter, Kent! They are selling every last man of them!" "Precisely. And when they have sold all they have to sell "They'll turn us loose drop ns quit booming the town, if your theory la the right one. But say, Kent, I can't believe it, you know.

It's too big a thing to be credited to Jim Guilford and his handful of subs in the railroad office. Why, It's all along the line, everywhere." "I'm telling you that Guilford isn't the man. He is only a cog in the wheel. There is a bigger mind than his behind it." "I can't help it," Hunnieott protested. "I don't believe that any man oi clique could bring this thing about unless we were really on the upturn." "Very good; believe what you please, but do as I tell you.

Sell every foot of Gaston dirt that stands in your name; and while you are about It sell those six lots for me in subdivision five. More than that, do it pretty soon." Hunnieott promised, in the brokerage affair, at least. Then he switched the talk to the receivership. Still up the air, are you, in the railroad grab case?" Kent nodded. "No news of MacFarlane?" "Plenty of it.

His health is still precarious, and will likely remain so until the spoilsmen have picked the skeleton clean." Hunnieott was silent for a full minute. Then he said: "Say, Kent, hasn't It occurred to you that they are rather putting meat on the bones instead of taking it off? Their bills for betterments must be out of sight." It had occurred to Kent, but he gave his own explanation of Malor Guilford's policy in a terse sentence. "It is a part of the bluff; fattening, the thing a little before they barbecue it" "I suppose so. It's a pity we don live a little farther back in the history of the world: say at a time when we could hire MacFarlane's doctor to obliterate the judge, and no questions asked." Who can explain how it is that some jesting word, trivial and purposeless it may be, will fire a hidden train of thought which was waiting only for some chance, spark "Obliterate the the total shown by C. A.

Harrington, in previous testimony, admission to present ownership of 200,025 shares by W. H. Hile was made by the witness. The transition from 300,00 shares to the nbove residue was stated by Teple. Fourteen thousand shares, followed bv 180,000, or a total of 200.000 had been transferred to a trusteeship, composed of A.

N. Yost, J. K. Teple and Y. i.

Hile, who acted for J. K. Miller, W. lieagle, W. tinter, 1).

Hnrke, C. Comly and E. H. Groff, participants in an agreement to sell stock on the basis of 50 per cent W. H.

Mile's personal holdings and 50 per cent treasury stock. The first transfer of 14,000 shares of the Hile personal holdings was to cover payments of commissions to salesmen for the negotiation of Hile's personal holdings. The deal fell through and later, 170,000 shares were transferred back to Hile after a few thousand had been sold. Some 25,000 shares still remain under the trusteeship, to be distributed to any party of the contract in the event that they should rightfully claim any commission. The balance between the original shares and present Tide holdings of 260,025 shares was accounted for by Teple, through various blocks given heru and there to adjust bonus differences.

After Btating that some 3,000 or 4,000 shares had been actually sold, the subject was dropped. The charter of the company was admitted in evidence for tiie purpose ot showing that the laws of the state of Ariaona, under which the company was incorporated vests tue administration of the organization in the hands of the Board of Directors. The witness in the course of his examination stated that in his opinion the stoppage of the public sale at Kspy wag the cause of all the- trouble. This sale, he was planned to relieve pressing debts amounting to 000 of $4,000 which were harrassing the company. Asked ry Judge to explain the meaning of.

the word "Vests, the witness explained that such organiza tions were planned to distribute news pertaining to the plans and progress or the organization and to foster social gatherings for individual pleasure and company benefit, After detailing the curtailment of expenses and other retrenchments the witness was asked to define the duties of present various officials and employes of the com-p'anv. Questioned particularly regarding James V. Hile, he stated that he was a cousin of W. H. Hile, but as a farmer, he couldn't be beat.

XOSSES Attorney Shaffer questioned the witness about company losses. "Did you have no knowledge of the loss of "thy company prior to Harrington's report?" was asked of the witness. "No," came the answer after the question was repeated. After a lengthy interrogation regarding the profit of $300.00 made by the swine department as evidenced by the report, Teple was asked why the' hogs were sold to Hile. He answered that the sale was effected to relieve some ot the dire necessities which were pressing the company.

lie witness wns asked whether, con fronted by the report up to Dee. Si, any onort had Men made to determine 1015 gains and losses. His answer wns in the negative. Questioned regarding the original ownership of the stallion "Mentor," the witness stated that he, together with Hile and Yost were the owners, having puaid $1,250 to E. J.

Ijore. of 'VYillinmsport, for the animal and later transferring it to the company. Asked whether 'V. H. Hile had ever made an accounting of the $7,500 advanced him for the purpose of golnL! to Africa to secure ostriches, Tcpl" stated that no expense voucher had ever been turned in and that no demand hud ever been made of Mr.

Hile. To his knowledge, no director had ever requested an accounting of the monies. On the contrary, the witness asserted, the stockholders at the tost annual meeting had approved all expenditures made Dy line and Had even extended him a vote of thanks for services rendered. The question of the value of the American-bred and imported- African ostriches was put to Teple. He considered the foreign hird worth Asked about the number of birds brought to Bloomsbui'g, Teplo- stated that forty-live or forty-six were imported, and that of that number twenty-eight or thirty survived.

Asked to account for the others lie stated that after the ostriches had been released from their long confinement in cages upon their arrival here, they were wild and during their first night here, five or six broke their own legs. Subsequently, several others met nvith accidents of a similar nature and had to be killed. Questioned as to the offspring of the birds, the witness stated that two chicks had been hatched. One died in two or three days and the other in two weeks, the latter presumaWy from chewing a piece of cloth which it ate. HILE ON STAND The examination of Mr.

Teple was concluded shortly after the opening of the afternoon session. W. H. Hile was sworn and stated that he had been pres- iili-nt nf the ortranizii.tion since its start. Questioned by Attorney Duy, he stated that he had employed C.

A. Harrington to open the books last fall and in reply to the question of why he did this he said that he had long wanted to know exactly how the company stood. Then followed questioning as to the details of the payment of the Justin judgment recorded against the company and the personal payment by the witness of items due on mortgages which the company was unable to meet. Questioned by Attorney Duy as to why the Hoard of Directors refused to enforce the collections of unpaid subscriptions to stock, Hile stated that this was due to the fact that Buch enforcement would, "work a very great hardship on poor people." Questioned about the purposes of the company Mr. Hile said: was attempting to create an organization that would do something worth while, as for example, I knew beyond the possibilities of controversy, that this business was one of the greatest possibili ties in America.

1 rerer to uie of other ostrich farms. I have said, come together and do 'You were inspired by charity," added Mr. Hilo asserted that he had, nevet been asked for expense vouchers either bv sign, word oi- action by any director or ofScial. Ho stated that full reports had been submitted each month to the board and at the end of each year an annual report. To his mind he said, the cuttle were a side issue; his one great thought was to preserve the ostriches.

Then followed testimony regarding the value of the lime stone deposits. A report by William Hunter Hamilton, a mining engineer of Ixcw York citv, who had examined the deposits was admitted into evidence. This -report, according to tin witness, appraised the value of the deposit at $500,000. Mr Hile testified regarding his stocK holdings elucidating many transactions, which covered various gilts ot stock, to persons living in many vicinities. Ilia actual sales, he maintained, amounted to $3,000 or $4,000.

CROSS EXAMINATION. 'Attorney Shaffer wanted to know whv he had waited tour years oeioie he 'had had an expert examination ot his accounts. Hile stated that he had vainly tried to uring aione such uu c- l-w-vn Then followed line's personal opinion as to the future prospects of the company which, he asserted, depended on tlit i permanent rcproductivity of the ostrich and a normal condition ot the feather market. At this point, attorney Duy asked for Hnd obtained the permission of the court for Mr. Hile to make a statement re-mrding the stock which he liehh Referring specifically to the resolution which had been authorized by the stock holders Hile stated that as tlie result of such an 'authorization all stock subscribers to tlie original issue had become beneficiaries to tlie extent of three shares to one.

Upon going over the resolution with Mr. Duv in detail," he continued, "Mr. Duy had advised him Hm tint motion was somewhat irregu lar and he would be glad to return ins holdings hack to the treasury if the court would direct all stockholders holding bonus stock to do likewise." (Figured on the basis of original total holdings of 300,000 siiares, this means 225.000 siiares). Mr. Hile then exhibited to the court plumes plucked from the domestically i can you make lt?" Kent guessed so, and made the guess ft certainty with two minutes to spare.

The through sleeper was lightly loaded, and he picked out the 'most, un-neigbbored section of the twelve, being wishful only for undisturbed thinking ground. But before the train had swung past the suburb lights of Gaston, the smoker's unrest seized him and the thought-wheels demanded tobacco. Kent fought it as long as he could, making sure that the smoking compartment, liars' club would be In session; but when the demand became a nagging insistence, ho found his pipe and tobacco and went to the men's room. The little den behind the drawing-room had but one occupant besides the rear-end brakeman a tall, saturnine man in a gray grass-cloth duster who was smoking a Porto Rican stogie. Kent -took a second look and held out his hand.

"This Is an unexpected pleasure, Judge Marston. I was counting on three hours of solitary confinement." The lieutenant-governor acknowledged the hand-clasp, nodded, and made room on the leather-covered (11 van for the new-comer. Hildreth, the editor of the Argus, put it. aptly when he said that the grim-faced old cattle-king had "blown" into politics. He was a compromise on the ticket; was no part of the Bucks programme, and had been made to feel it.

Tradition had it that he had been a terror to the armed and organized cattle thieves of the early days; hence the brevet title of "Judge." But those who knew blm best did not know that he had once been the brightest man upon the supreme bench of his native state: this before failing health had driven him Into exile. For a time the talk was a desultory monologue, with Kent doing his best to keep it from (hying outright. loafer, when he was fairly driven in upon his reserves, he began to speak of himself, and of the hopeless fight for en largement in the Trans-Western struggle. Marston lighted the match-devouring stogie for the twentieth time, squared himself on the end of the divan and listened attentively. Marston opened his watch and looked at it.

Then he lighted another of the villainous little cigars. "We have an hour yet," he sSid. "You have given me the legal points In the case: now give me the inferences all of them." Kent laughed. "I'm afraid I sha'n't be able to for-tret the lieutenant-governor. I shall have to call some pretty hard names." "Call them," said his companion.

briefly; and Kent went deep into the details, beginning with the formation of the political gang In Gaston the dismantled. The listener in the gray dust-coat heard him through without comment. When Kent reached the end of the inferences, telling the truth without scruple and letting the charge of political and judicial corruption lie where it would, the engineer was whistling for the capital. "You have told me some things 1 knew, and some others that I only sus (To be continued.).