The Scranton Truth from Scranton, Pennsylvania • Page 1

ArulL ii AiiM il twoair cncvutios 21,774 Copies DAILf. FULL TELEGRAPHIC KEWS OF THE DAY BY SPECIAL WIRE. 28TH YEAR. 12 PAG 3 SCRANTON, PA, WEDNESDAY AFTERNOON, MAY 31, 1911. 12 PAGES ONE CENT.

to (anrrimira nvinn "I 0 a lb ,3 km JOIIO II. FLflDAM IS KILLED HUH OfJ THE rJflY AUB ROAD William Wetzel, Who Was With Him At the Was Seriously Injured and Is At the State Hospital Horse Frightened By Engine MM MEIi AT HE AD OF TOBACCO TRUST WHO MA BECOME DEFEnDAHTS IN CRIMINAL PROSECUTIONS BROUGHT BY GOVERNMENT STRUGGLE ON i THERE WAS A DESPERATE PART OF THE MEN John H. Flanaghan, of 1217 Plttston avenue, clerk at Casey brothers' wholesale liquor store for seventeen years and one of the best known young men in the city, was fntallv In 1n red in a runaway accident on the Nay Aug road, near Dunmore, shortly after midnight last night. He died tms morning at me outiu hospital without regaining consciousness. His skull was fractured and he suffered other severe, bruises on the head and face.

William Wetzel, of 722 Orchard street, an occupant of the carriage with Flanaghan, suffered severe injuries about the body and face. He is at the State hospital The accident followed a terrific struggle on the part of the two men to gain control of the horse they were driving. They were returning from Elmhurst and the horse was jogging along at a leisurely gait when a railroad train approached. As the train was passing close by, the whistle was sounded. The horse gave a plunge and before Flanaghan, who was driving, could even attempt to check him, he had the bit in hi3 teeth and was tearing along the lonely road at high speed.

Both young men tried to control the horse but their efforts were fruitless. At a turn in the road the carriage swerved to one side and the occupants were thrown out. Flanaghan was pitched headlong against a stone wall and his skull severely fractured, is Gives Scranton Body cf Five Councflmea Viil Be Named By the Governor. 1. ARE RESERVED UNTIL THEIND OF YEAR Their Successors Will Be Named At Election To Be Held In November.

Special to The Harrfeburg, May 31. Governor Tener today approved and signed the measure known as the "Pktsburg Charter Bill' which amends the charter ace governing cities of the second class, namely, rittsbnrg and Scranton. The bill was actually signed at 9 o'clock this morning while the governor was yet at the executive mansion, but the fact was not announced until he had reached his office in the capitol at 11 o'clock. This act is considerd the first step toward a trial of the commis sion form of municipal government in Pennsylvania. It was passed by the legislature last Thursday morning.

It embodies the comission idea to the extent of providing for a small city council, whose members are paid salaries sufficient to enable them to devoee all eheir time to the work. The changes are confined to 'i the legislative branches, the major retaining his powers. In Pittsburg the city council is to be composed of nine members, at $6,500 a year each. Scranton is to have five members. The minimum salary is $2,000..

The jsuvenwr is iv appoint uie council "men to m'itb until th nf thn B. DUKE, PRESIDENT OF THE TOBACCO TRUST; PETER A. AVIDENER, THOMAS F. RYAN AND THIRTY PERSON POSOED This was announced yesterday 7 W. W.

Fuller, chief counsel of the American Tobacco company, at the conclusion of a proloneed conference held in the offices of the American Cigar company, 111 Fifth avenue. James B. Duke, the president, and other leading officials of the trust met yesterday morning Mr. Fuller and De NlcoH, and wenti over the situation for several hours. They had hanging over them the threat that if the trust could not satisfy the United States courts within the time set for dissolution a receiver for the corporation would be appointed.

No details of their conference were given out. its essential violation, no matter how skillfully it may be disguished. The Supreme Court did an unprecedented thing in its disposition of the case, directing i the judges of the United States Circuit court, of the Second district to oversee the dissolving of the combination until it became legal under the Sherman law. TQHACCQJXRUST WILL OBEY. New York, May 31 The Tobacco Trust la prepared to take its medicine.

In accordance with the directions of the United States Supreme Court, it will set itself in good faith to readjust its business so as to meet the approval of the Circuit Court of the Second New York district. ferent basis from that which might lie against the officials of the Standari Oi' company. Certain questions regarding the application of the statute of limitations enter into both cases. The legal problems Involved are said to be delicate and difficult of solution. Chief Justice White in hid opinion declared that the case was far more sweeping than the Standard OIL case, the point he made is now making its impression, that while the "rea interpretation may let cer tain acts stand as lawful in the light of reason, it also arms the court with the terrible weapon of reason with vWch to go behind all forms of technical obedience of the law to punish DR.

EVERHART'S SON IS TO GET i NOTHING IF HE CONTESTS WILL TO CONTROL THE HORSE lay where he fell until picked up by several people and carried to Fad den's hotel on Drinker street. Dun more. Wetzel landed alongside oi the road. He suffered contusions of the left hip, right shoulder and right side of the face. After Dunmore physicians had them treatment, the two victims were taken to the State hospital.

The death of Flanaghan occurred there shortly before 5 o'clock this morning. Hia body was taken to CuBick's morgue and the funeral announcement will bo made later. The horee figuring in the runaway was owned by Casey brothers. It was captured a short distance from where the young men had been pitched front the carriage. A sad feature in connection with the death tragic end of Mr.

Flanaghan that he was soon to be married, the marriage was to have taken place within a couple months. He lived at 1217 Pittston avenue and was the son of John Flanaghan, salesman. Seventeen years ago when but eight years of age, Mr. Flanaghan entered the employ of Messrs. A.

J. and P. J. Casey at their wholesale liquor store. He remained in their employ ever since, having worked his way up to an important head clerkship there.

In the affairs of St. John's Catholic church in South Scranton he ha3 been prominent for several years, being a member of the Holy Name and othe' societies of the church. WERE BY BAD MILK o'clock yesterday morning until law night, before all were reported out of danger. Members of seven or eight families were among the sufferers. When the pSysicians arrived at the homes in response to emergency calls some of the older people and children were partly unconscious, while the others suffered greatly.

AH were given strong antidotes and the physicians worked for hours before the effect of the poison was checked WIFE A SUICIDE, SGHEIB'S STORY New York, May 31. That his wife was a suicide was the contention raised by Henry A. Scheib in an application to Justice Bischoff this afternoon for a writ of habeas corpus to compel the police to discharge him. The woman's decomposed body was found in a bath tub in their home on Monday and he is being held on suspicion. The writ is returnable tomorrow.

I SECRETARY BUCKALEW LEAVES FOR CONVENTION General Secretary E. B. Buckalew, of the Central Young Men's Christian association, left this morning for Columbus, Ohio, where he will attend the convention of the officers of the Y. M. C.

A. a gang that have been following the circus playing their craft. A man came to Parfrey's house this morning and tried to intercede for the two men under arrest in the central station. He thought his action rather suspicious and had the man arrested. He was taken to the Dunmore jail where be is being held for further examination.

He refused to give his name. Intaglio Glass, Bric a Brac, Art Potteries and Bronzes, Sheffield Silver, Fine Table Silver, Chating Dishes, Coffee Percolators, uus and lilectrio Portables, and numberless other 11K8 wares. Co. "Walk la nud look around." 213 15 Vah. Ave.

year, their successors being elected in November next. The appointment were not announced today but re expected before the end of the, week. 1 It was oneVof the most stubbornly contested pieces of legislation before the last bouse and senate. Citizens of Pittsburg and Scranton, the only two' cities of the second class in' Pennsylvania, prepared a bill providing for a small council, the initiative, referendum and the recall, but it made little headway. THE HUNTER BILL.

What is known as the Hunter bill was subsequently introduced and later some of both were merged in the bill today signed by the governor. Very little of the original plan bill is incorporated in the measure that is V. ow a law save the smaller council, i It does not contain provisions for the initiative, referendum or recall. The new law goes into effect at once and removes from office the 1 present members of council of both cities. Is Given the Income On Issue the Principal Goes To the Everhart Museum Fund Residue of Estate Also Goes To Museum Son May Contest.

Thirty persons were poisoned and several had narrow escapes from death vesterdav in the section of Old Forge occupied by the foreign speaking residents as tne result ot drinking poisoned milk. It is tnougnt that the milk was poisoned as the result of the cows eating stramonium or May apples. Dr. Mollinnelli, of Pittston; Dr. A.

J. Baker, of Duryea, and Dr. Lynch, of Old Forge, were called to attend the persons and worked from 8 STABBED WITH POKER BY WIFE Stee Hliday, of 107 Seventh street. West Scranton, was taken to the State hospital this afternoon suffering from a iwound caused Iby being stabbed with a stove poker by his wife, Anna Holiday According to the story told the police by Mrs. Holiday, she was at work at the washtub when her nus band came In and a quarrel ensued.

Sh rlafmed her husband seruck her several eimes before she retaliated with the poker. The sharp end peuetrated her nus baud's abdomen, but the wound proved superficial and the victim was discharged after receiving treatment at the hospital. Mrs. Holiday was arrested and held for a hearing tomorrow. ALLEGED PICKPOCKETS ARE HELD FOR COURT Harry Davis and George Moore, arrested on the chargt of picking the pockets of Henry Parfrey of Dunmore, were held in $500 bail this afternoon in police court.

in the arrest of Moore and Davis, the police believe they have rounded up Scranton will have five councilmen and Pitteburg nine, under the new law and they will serve until after the election when the electors of the cities will choose men for the LEFT TO RIGHT JA31E9 OLIVER H. PAYNE. Washington, May 31. The possibility of bringing criminal prosecutions against the twenty nine indi vidual defendants who were adjudged guilty under the decision of the Supreme court in the Tobacco trust cases Is being carefully considered by Department of Justice officials. Every feature of the situation is under.investigationr'rA definite conclusion Is not expected for several days.

It is beliecved that after mature' deliberation Attorney General Vvckersham will give out a specific statement on the subject. Criminal action against the tobacco magnates is said to rest on a dif FEEHAN TELLS OF PEONAGE IN WESTMORLAND Washington, D. May 31. Tales of peonage, graft, bloodshed i and murder in the Westmoreland coal field of Pennsylvania were told before the house committee on rules today at a hearing on the resolution of Representative Wilson calling for an investigation of the strike conditions in that district. That twenty miners have been snot to death by deputies during the year of be strike was asserted 'by Francis Feehan, president of the Mine Workers' union.

"Have the deputies' who did the shooting been tried?" asked Representative Madison. "Oh, yes; eighteen deputies were sentenced to from three to six months," returned Feehan. "What, three months for murder?" demanded Madison. "Oh, yes. Most of them are out now," said Feehan.

"Eighteen thousand men went out on strike," he continued. "When it began ten thousand men, evicted from the company houses, left the field. Six or seven thousand are still there. They lived in tents and shacks on the hillsides, all through last winter and suffered all sorts of hardships. "We expect to prove that the companies in the Westmoreland field are keeping men in practical slavery.

They are keeping men in the mines against their will. I know hundreds of cases where men have escaped crossed the "dead and have told of stories of being beaten up and shot at because they tried to escape. THOS. O'MALLEY AGAIN INJURED Thomas O'Maliey, a well known plumber of West Market street, was driving along Providence road shortly hefore noon today when the outfit was struck by a Providence car. O'Maliey was thrown from the wagon, striking against the curb.

Both wrists were broken and he was cut about the head and; face. He was taken to Dr. Longstret's hospital. It is believed he is' injured The accident happened about apposite the home of Deputy Sheriff Scan. Ion.

The horse attempted to runaway tut was captured before it got fairly started. About two years ago he suffered a broken leg in an accident. Mr. O'Maliey lives on North Washington avenua. He Dies Without lawful logical specimens of mounted birds, mounted animals, silver and copper and to Dr.

Thomas B. Rodham, of Scranton, he bequeaths his operating surgical Instruments and medical library. To George B. Friant, Scranton, and James E. Heckel be leaves sets of books.

The Provident Life and Trust company of Philadelphia, and John J. Gheen, attorney of West Chester, are named as the executory of the will. The witnesses were F. W. Wrollerton and E.

W. Dolph. The Scranton Trust company has charge of the sum left for the support of the Everhart museum. The will follows: THE WILL. Isaiah P.

Everhart, of the city oi Sci'anton, county of Lackawanna, and state of Pennsylvania, doctor of medicine, do make ant publish this my last of Pennsylvania, doctor do make ant publish this (Continued a l'aiie Threi hreif) SUN STAB WON ENGLISH DERBY I positions. The men appointed by the governor are given power over the $100,000 In Trust and If thereof, the sum Wt him shall go to the Everhart museum. In reference to this provision he wrote: "My son, Edwin E. Everhart, having no conducted himself in a manner which meets with my disapproval and having shown himself regardless of responsibilities and duties of his position in life and his relationship to me, and having displayed no capacity for management of property and the care and use of money, I will and direct that in case he should institute any proceedings at law or in equity of any kind or nature whatsoever for the invalidation of my aforesaid will ot any of its provision, thereof the said money shall revert to the Everhart museum." He also further directs that the son give his personal bond not to in any way, form or manner, disturb any rf the provisions of the will. The son stated today that be would make a statement later that would cover the entire situation.

Until then he would say nothing, he said. WILL WAS MADE lN The will was made in 1905 and in it Dr. Everhart provided for the museum at Nay Aug park, bequeathing $10,000 for th building and an endowment of $100,000 for it. To his eight nieces be leaves $5,000 each and to Bezzle Gilgallon, who has been a servant at his home for twenty five years, he bequeaths $15,000 in trust, (income to be paid her quarterly during life. The coutents of his residence on Franklin averiue with the exception of those of the spare room at the head of the main stairway and kitchen are left to his son and he asks that they be not sold.

To the following persons for acts of kindness he bequeaths $500 each: A. R. Dius more, Philadelphia; W. Wr. Baylor, Scranton; Friend W.

Cooper, Newton; Frank E. Coopqr, Newton; William H. Curtis, Scranton; Michael J. Kelly, Scranton, and Alice E. Bayer, Lebanon.

The latter is the daughter of a college school friend. A bequest of $250 for Ziba Scott, of Spring Brook, is also contained In the will. To James E. Heckel. hiB nephew 1 In Vl he bequeathB his interest in the Everhart brass works locat in this city.

To the Everhart jhuseura he gives his collection of ornitho In his last will which was Offered for probate today, Dr. Isaiah Everhart bequeaths $100,000 to his son, Edwin this to be held in trust, the income to be paid to him quarterly. Tne bulk of the Everhart fortune, said to be worth close on $400,000, is eventually to revert to the city of Scranton, the income to be applied towards the annual expenses of the Everhart museum. The will reads "that. after all expenses are paid, the residuary of my estate shall revert to the endowment fund of the Dr.

Isaiah F. Everhart General Museum, the income to he applied towards the annual expense of the same." The will is written in Dr. Ever hart's own handwriting and covers many pages. It was made in 1903. There is also a codicil made April 29 of this year.

The will was read this morning at 10 o'clock in the office of James 11. Torrey, counsel for the executors, in the Connell building. Edwin E. Everhart, the only surviving son; his attorney, M. J.

Martin; M. J. Murphy, of the Traders Bank, and the other subscribing witnesses to the will and codicil, Mr. Folk, representing the Provident Life and Trust company, of Philadelphia, and Attorney John J. Gheen, of West Chester, another of the executors, were present.

The will was probated In Mr. Tor rey's office, Deputy Register of Wills Henry Koehler having been sent for. The subscribing witnesses to the will and codicil were sworn and later the document was formally admitted to probate. None of the parties interested wound discuss the will, Its contents or the likely developments now that the document has been probated. Edwin E.

Everhart's only comment was that Doctor Everhart "wanted to change it three weeks ago and I've got three witnesses to say so." There is a clause in the will prohibiting the son from instituting contest proceedings. DID NOT WANT A CONTEST. There is a provision in the will which says that in the event of the son instituting any proceedings at law or in equity of any kind or nature whatever for the invalidation of the will or any of its provisions Wcdldfiinie GMs and Graduation Presents appointees of the mayor. Tnis was one of the points vigorously fought (Continued on Page Eleven) TUB WEATHER. Showers and thunderstorms tonight or Thursday.

Morerate southeast and south winds. The high barometric area with its cooler change has moved eastward to Uie Canadian maritime provinces. It is followed by a general storm area that covers all the Central Valleys and Lake region, where it has caused showers and thunderstorms. This storm area will drift eastward. BOll.V.

Drlacoll At Jinooka, to Mr. and Mrs. Eugene Driscoil, Oilmore ave nue, a son. Peel At Plttston, to Mr. and Mrj.

Peter Peel, of Cork Lane, a daughtei. Kendle At Scranton. to Mr. and Mrs. John T.

Rendle, of South Bromley ave i nue, a son. V.ples At Scranton, to Mr. and Mrs. Thomas Yaples, of South Main avenue, ion. DIED.

Vttebm At Scranton, May 30, 1911. Mrs. Gertrude Fuchs, wife of Daniel Fucba of 738 A'illow street. Funeral Friday afternoon at 1:30 with services in the Hickory Street Presbyterian church. Interment in Plttston avenue cemetery.

Lender At Scranton, May 80, 1911, Charles Lengler, of 423 Birch street, aged 69 years. Funeral Friday after noon at 2 o'clock with services at thS house. Interment will be in. Plttston cemetery. Mlnich At Scranton, May 30, 1311, Mrs.

Grace Drew Minich, of 1T0J Wash burn street, aged 29 years. FUNERALS, Daviaon The funeral of Alvln B. Da vlson, of Benton, will be held from hi late home Thursday afternoon at o'clock. Priest The funeral 'Of Edward Priest, constable of the Sixth ward, Old Forge, who was killed in the Jermyn mine, will be held Thursday mornlng at Cioca wiiu services! ai lub house. Interment will be made la Forest Home cemetery, Taylor, In a Stock of World Wide Scope Pac, iey in all parts of the world.

If you have a fV," 1 be 2f stantlv increasing exposition of the world's best tokens will be ot suggestive help ar.d protit to you. NO STORK IS THS LAND SURPASSES THIS GREAT STOCK By United Press. Epsom, England, May 31. Sun Star, owned by J. B.

Joel, and excellently piloted by W. Griggs won the derby here this afternoon. He was the favorite in the. betting. Lord Derby's Stedfast was second and Captain Forester's Royal tender third.

There were twenty six starters. As winner of the 2,000 guineas at New Market six weeks ago, Sun Star displayed his real form, and this was responsible for him starting one of the heaviest betting favorites that ever captured the big race. The Joel party, after years of trying, finally won a derby and they took nearly a half million dollars away from the bookmakers as a result. The race wa3 worth $32,500 to thei winner, $2,000 to the second and $1,000 to the third horse. With King George and Queen Mary, nearly every other member of the royal, family and representatives of the peerage and nobility of the United Kingdom was on hand long before the post bugle sounded for the first race today.

Coronation derby had a setting rivaling any previous running of the ribbon event of the turf worlds 4 which liiu itiuts Havlland Company's Genu ine French China, Berna laud's Famous French China, Mlnton's English China, Plckard's Hand painted China, Llbbey's Cut Glasg, Hawkes' Rock Crystal, Gold tcnea uiass, Geo. V. Millar.