The Austin Statesman (Austin, Tex.), Vol. 40, No. 336, Ed. 1 Thursday, December 2, 1909 Page: 7 of 10
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THE AUSTIN DAILY STATESMAN. THURSDAY. DECEMBER 2, 1303,
IMPORTANT
AUSTIN TO NEW YORK
MOVEBYTHE
IN TWO DAYS
DEFENSE
New York Central Limited
OR IF YOU PREFER A BUSINESS DAY IN ST. LOUIS, LEAVE ON THE FAMOUS
Bears the Signature of
KNICKERBOCKER SPECIAL
..
GIRLS
A
Driskill hotel last night nt a com-
Bland,
Leonard, O. Leonard,
Upon a Rock
Massjngale, B.
Spoontz. E.
..
in
t’s
Central Bank
& Trust Co.
General Lghtfoot
to give the
AUSTIN, TEXAS.
NG,
- ,
- .
nt thin time be made to the jury with
fore he was met with an objection on
ted
i not
ent
At Sacrifice
Prices This Week and for Cash Only
One lot former prices $10 and $12. Sacrifice price $4.98
(Continued on Page g.)
N
CONDIT & DAVIS
I
' Now Orleans, La.
I
I
aas-A
• Eaq
CASTORIA
a
‘g
3
A
।than any other
food product sold
packages.
the greatest
Smooth
and Rich
and Velvety
Your
Grocer
hat it.
A House Built
Misses’ and Children’s Long Coats in All Wool Kersy and Scotch Cheviot
Sizes 4 to 12 years.
Quaker
Scotch Oats
Warren J. Lynch
Passenger Traffic Manager
Ln Salle St. Station,
CHICAGO, ILL.
ground that the law makes it the duty
of the district attorney, or of some one
appointed by the court in his absence.
of the State ex-inf. Hadley vs. Stand-
ard Oil company of New Jersey et al.,’
pending’ in the supreme court of the
statof Missouri. process was issued
at the Instance of the plaintiff and un.
»
*
ence to the matters set
dictment herein fOr the.
sons:
Wo will appreciate your busl,
ness.
..
B. H. Dyer.
Jones, A. S
VeIva
Breakfast Syrup
requirement."
How can the state have the right to
get before the Jury facts which the
Geoqe W. Littlefield, President.
T. H. Davie, Vice President.
H. Pfaefflin, Cashier.
Jno. C. Rote, Assistant Cashier.
that date."*
Another exception having been
8
H. C. Carso n
Gen'I. Agent Passenger Dept.
257 Main Street.
DALLAS, TEXAS.
PLEA OF IMMUNITY
FROM PROSECUTION
%
CWELL BRED, SOON WED.
WHO USE
SAPOLIO
ARE QUICKLY MARRIED.
A9MV cro
Velva has a full, velvety
richness entirely different
from ordinary syrups.
Velva is made from the
pure juice of the sugar cane
—made in the P. & F.
quality way—that’s why it's
different.
Purpose of State.
The reading of the above having been
concluded. SpeclalAssistant Attorney
Special Plea of Defense.
When he had finished, Judge Rob-
ertson, for the defendant, pleaded not
it would be manifestly unfair to the •
defendant.
3
I
it have some remote* bearing, but
it was different in a criminal case, as
strength maker.
re you eating enough of it?
G8
26
242
W
stieler, C. C. Truitt and W. V. Walker.
Invited guesta: H. B. Seay, Mark Me.
Gee, T W. Gregory. 1. P. Hildebrand
and’ W. 1 Metzenthin,
ne lot former prices $6.00 to $8.00, Sacrifice price $3.50.
lot of unnecessary sufferins
HOSTETTER’S
STOMACH BITTERS
in compounded from Ingredient® best
adapted for curing such dilments and
for over 56 years has been very sue*
8
cessful.
Belching,
digestion,
Malaria.
’ could submit the evidence and that the
; jury could decide on which count the
; defendant was guilty, if an. The de-
fondant** request for a separation was
Pierce has been indicted and is being
presecuted for ‘transactions, matters
and things' concerning which he Invol-
untarily testified in the cause afore-
.said, and in which he produced evi-
dence as aforesaid.
"That in consideration of the premi-
es, the said H. C. Pierce here now In-
vokes the protection of the constitu-
tion and laws of the United States,
and. especially of the fifth amendment
and of the fourteenth amendment of
the constitution of the United States,
and he Invokes the protection of the
constitution and laws of the state of
Texas, especially of section 10 of the
bill of rights of the constitution of the
state o Texas, and section 1 of the
said act of 1907, and protests against
the further prosecution of this caune.
"JAMES H. ROBERTSON,
' "‘F. B. PERKINS,
"S. B. CANTY,
"HOWARD TEMPLETON,
"Attorneys for • Defendant.
"GREGORY & BATTS.
"ALLEN & HART,
"H. H. PRIHST,
"Of Counsel.”
Pawicka]
Ford. Ito.
K. Barnes,
"That. I
about the
County Attorney Brady offered th
nnti-trust act of 1899 in ev Ido nce, tp
which the defense objected on the
ground that it is not permissible to
introduce in evidence, and on the fur-
ther ground that the net of 1899 has
been repealed. and is therefore imma,
terial As to the count of false awearing
and nadmissible as to the count of
perjury.
’‘The law will not be read at thin
time," remarked the court.
Kirkpatrick, 11.
YOU CAN LEAVE AUSTIN IN THE EVENING OVER ONE OF THE EXCELLENT LINES TO ST.
LOUIS AND ARRIVE THERE THE SECOND MORNING IN TIME TO CATCH THE
1W009S88SNSSSSSSSSSNSSSSSSSSSSSESSSaSNSSSS-SNKSSS
The Kind You Have Always Bought lias borne the signa-
ture of has. H. Fletcher, and has been made under his
pergonal supervision for over 30 years. Allow no one
to deceive you in this. Counterfeits, Imitations and
4 Just-as-good ” are but Experiments, and endanger the
health of Children—Experience against Experiment.
What is CASTORIA
Castorin is a harmless substitute for Castor Oli, Pare-
। gorte. Drops and Soothing Syrups. It is Pleasant. It
Contains neither Opium, NIorphne nor other Narcotie
substance. Its age is its guarantee. It destroys Worms
and allays Feverishness, it cures Diarrha’and Wind
Colic. It relieves Teething Troubles, cures Constipation
and Flatulency. It assiniiates the Food, regulates the
Stomach and Bowels, giving healthy and natural sleep.
The Children’s Panacea—The Mother’s Friend.
he Kin-You Have Always Bought
2—2
WeI
h extended them a hearty welcome to
show his appreciation of their work. A
special menu was prepared for the 0C-
( asion. and all feasted heartily. The
guilty, and asked leave to submit a
special plea. A recess was ordered by
Judge Calhoun, who is presiding at the
Ie’s attorneys an
People eat more
Try a bottle for Heartburn,
Bloating Poor Appetite, In-
Dyspepsia. Colds, Grippe and
up in the .in- luced
following rea- Watel
that the Watera-Pierce Oli company
entered into an illexal combination •
We have laid the foundation for
a financial structure that will
last. Those seeking safety for
their deposits can be aesured of
safety and strong service In this
Bank.
. a false afidavit. It might be admlasi-
to go through that performance. Afterble in a civil case logo back thirty or
having read decisions of the curt of forty years and lug in the matter that
criminal appeals on the subject, tolmigh *
which it wae cited, the court overruled
succeeded in getting it to the jnry that
he expected tn prpve that pierce con-
nultM with the directorate of the
Stnhlard Oil company with regard to
making arrangements for re-entering
Texas and that the reorgan lent Inn was
the result of an understanding’ with
said diroctorate.
I "pa, Ehhieot M^'l h." """".5
story of the evolution of the Mtendardiknowledgment to the afidavit he made
oil company and of the part idaved bv on May 13. 1900 to obtain A permit
the Waters- Pierce OH company In Its for the reorganized Waters-Pierce Oil
formatlon. company to do business in Texas as
' "Thedefense is mletakon," said Mr., provided for in the anti-trust acts of
Lightfoot "In concluding that the affi- ; 1899. She identined the afidavit and
davit is limited to arts committed In recited that she had taken Pierces ac-
■ violation of the act of 1892- Weexpectknowledgment in the usual manner,
to prove that the reorganization of the and asked him the customary ques-
Watere-Plerce OH company whs thetions and that he had answered then
culmination of a scheme to control the j -------- —-------------
came a part of the record in said cause,
find -became and was a paper and doe-
ument,and evidence involuntarily pro-
by him, as an fficer of the
ISSUE IS PRESENTED IN THE
PIERCE TRIAL OF THE COMPE-
TENCY OF A WOMAN TO ACT AS
NOTARY PUBLIC—-JUDGE ROB-
ERTSON. BEGINS AN EXHAUST-
IVE ARGUMENT.
Defendant May Not Be Prosecuted for
Transactions, Matters and Things
Concerning Which He Has Involun-
tarily Testified in Other Causes Pre-
viously Tried in Oaher States.
. -ers-Perce Oil company; and said
teFtimony ewas ued by the state of
or' ‘FeNesI tire trial of said last named
aus.
r"That notwithstanding the provs-
onsofthe,onstitutjon and laws of the
United Sthtes, and notwithstanding the
provisions of the statute of the state of
Missopri, and notwithstanding the pro-
cussing the law in the case instead of I
confining himself to an explanation of
the indictment and a -statement of the
facts ho expected to prove. This .
brought a ruling from the court as to
what Mr. Lightfoot should confne
himself to and the hitter made an- i
other attempt to get away. It was1
not long, however. before he struck :
some more rough going. Having an-
nounced that the state expocte to !»<•
able to prove the organization of the
various and sundry companies in 1870,
to be assigned exclusive territory in the
handling of the oil buainesa, he brought
tho defense to its feet again with the ,
objection to the proving of any one's j
acts save those of the Water -Pierce
Oli company. “We shall also insist
that the gentleman confine himselt. in i
his statements to the net* of the
Waters-Pierce company for the two
days intervening between the dissolu- l
tion of the old company and the forma-
tion of the new, namely, May 29. and
30. 1900,” said the defense.
“That’s a law queetion, going to the .
admissibility of testimony, and can not '
properly be raised at thia time,” inter-
jected Mr. Jenkins for the state.
For the defenae F. H. Perkine eon- :
tended that counsel for-the ntate, while I
opportunity to read this special plea,
a ropy of which was furnished them
by the defense.
Upon the resumption of court. C. II
Jenkins, fur the state, announced that
inasmuch as the special plea was not
verified the state did not feel called
upon to take notice of it at that time,
and the court ordered that the case
proceed. Judge Roberson then read
the special plea -to the-jury. It reads
as follows:
"In the district 'court -of Travis
cointy, Texas. ' -
"The State of Texas vt. Henry Clay.
Pierce, No. 15,791: *
"Comes now the defendant, H. C.
Pierce, and invoking the protection of
the constitution and laws of the United
States, and the constitution anil laws
of the state of Texas, and says that-he
ought not to be, and can not be tried
in this cause. and in. and with refer-
1906, In the cause
PAGE aEvEN
----------------
theronatituton analawa etthe part.ot the state that he was din-
VARSITY LEGISLATURE
ENACTS NEW LAWS.
The University legislature he’d Ita
regular session last nizht in the law
' biulding -and discussed and passed the
2-cent fare bill, amended the cigarette
bill by adding a penalty to all. persons
guilty of their manufacture and of
their very use.
A bill was introduced providing for
election of United States cenators by
direct vote of th<> people.
The meeting last night waft very en-
thusiastic in every way. A largenumn,
■ her of the members were present and
joined in the discussion of the bills be-
I forg them, in a way that was very en-
couraging to the leaders. • ।
Jury un explanation of the Indictment
and to state the facts the state expects
to prove, Objection wag. made to Mr.
Lightfoot undertaking this on the
District Attorney Hamilton that reoxzuumazunnxenouzxanonaeosmxazamueeg
there must have been a conspiracy, to
distinction between false swearing and | be eetablishe.l bv circumstances, to = --—-me----
perjury, only to be interrupted again | perform the illegal acts with regard to wni,y, X, i .
by counsel for th- .1. 0 mm. who r whiel ploreo was alleged 10 h»ve ,7X71.
marked that it wan about time for ihe wworn falfiy. an the state bait n right , non wAS.r.am ''" 'J1." .'L6
-(at- to elect on which count it pro- j t .(ate It. theory In the premines, ) CIX, h • Lok« a rt . rer
nondto tr/pi.r.A, he having been In- Arler further aimcussio" along thia i nih‘ Sobooxuonnd.Paper“,nskna.fon
dieted on two counts namely, false iine by I. b aart ror ihe drenfe and ; cole "on 8 u"“110 auLXn
swearinK and perjury. । w. P Ai etan for the ntate, ihe court ‘,k’ . ?. .f.mvi ™ 35
District Attorney Hamilton repliedgaja. . ’ nLu> presene ,f the jury, and
that there was nothing In th- Inw re- i |„ my opinion, no xtatement shouid | tnacourt ordered that the cam pro.
quiring the state to do this. That it • - - ' -• ------ 1 t
expert to connect up with the affi-
. davit. All I can do now, however, is to
Gverrulod and an exception was noted. Instruct the jury to disregar any
Once more Mr TJghtfoot addreesed statement that doeg not answer to the
the jury, but had not proceeded far be-
Moore, J. T. Per-
subsequent to June 1, 1900, It has never
been established in any cane that it
was in suh. a combination prior to
the objection and the defense ex-
cepted.
Proceeding. Mr. TJghtfoot undertook,
for the benefit of the jury, to draw the
Lv. St. Louis 1:00 p. m. Arr. New York 5:55 p. m.
Arr. Boston 8:30 p. m.
No Excess Fare—No Station Transfer
THIS IS THE DEST TRAIN SERVICE EVER GIVEN AUSTIN AND THE WEST AND SOUTH-
WEST. ALL TRAINS ARRIVE AT GRANO CENTRAL STATION—THE ONLY RAILROAD STATION
IN NEW YORK CITY, ALL TRAINS RUN THROUGH THE SCENIC MOHAWK AND HUDSON
RIVER VALLEYS. THE ROUTE IS WATER LEVEL-YOU CAN SLEEP.
ne Lot Ladies’ All Wool Broadcloth Cloaks in Copenhagen, Amethyst and Black
Sizes 36 and 38, former prices $16.50 to $35.00, Sacrifice price $5.00.
One Lot Ladies’ Rain or Automobile Coats
Sizes 34, 36 and 38, former price $18.00, Sacrifice price $5.00.
The above garments will be found exactly as described and are a great boon
o those in moderate circumstances.
muking statements in perfect goo.I
faith, was bringing in things that j
could have no possible bering in the <
care, but which might find lodgment .
In the mind of the jury. The state
had but one day in which to prove mi ‘
illegal nct. he contended—the day on |
which Pierce was alleged to have made 1
W, B. Townsend, secretary nf state,
swns next called to the stond and iden-
tified the Pierce affidavit ns being th®
i one found by him lh the arebves of
his office, turned over by hls predeceg-
sor. V
WARM GAPBsGIIIY WA
Have you put off buying your WINTER-*4
OUTFIT until now?
regard to any ilegnl combination
which counsel does not in gooi faith
The defense.In the Pierce case made
its first important move late yester-
day afternoon by objecting to the In-
troduction of the affidavit, for the
making of which Pierce was indicted,
»h.’ ground of the objection being that
Miss N. M. Nagle, before whom eaid
affidavit was acknowledged, is not.
owing to her sex, competent to act as
notary public. When this point was
reached the jury was excused and an
exhaustive argument of the question
raised was begun by J. H. Robertson,
leading counsel for the defense. Judge
Robertson had not concluded when the
hour for adjournment was reached and
i will probably take all of today to
reach a conclusion in the matter as
then- are others on both sides who will
most likely want to be heard thereon.
The trial was opened yesterday
morning with the reading of the in-
dictment. a performance which Dis-
trict Attorney Hamilton consumed one
hour and ten minutes in disposing of.
heretofore, • to-wit: on
Whet Mr. TJghtfoot had gotten
through. District Attorney Hamilton
sought the introduction of the notice
recently served on the defendant to
produce certain books and papers re-
lating to the organization and hand-
ling of the Waters-Plerce Oil com-
Dany's business from ita ineinfencv.
r. Draper, Manager Krahl, Assist-
l Manager Stark, Captain Dyer, Cap-
n-elect Kirkpatrick, of the football
m, with a few other invitedI.friends»lrlloWing'We represent: Dr. Draper. IrlaT. t give the stat,
re the .guests 9' Manager Stark of : sanager Krahl. Assistant Manager D - -
Stark. <-. W. Halley. J A. Barclay. J.
NAGER STARK OF DRISKILL ilimentary banquet given In their
ENTERTAINS VARSITY TEAM. >=r.
H. Feldhake, M. 13.
court must necessarily elminate
later? Interposed Mr. Batts. "If It Is
; not proper to admit them at nil, it la
not proper to talk about them now.
Though it won proven In n civil case
Miss Nagi® Testifes.
Miss N. M. Nagle followed Mr.
der said process, and as a result
thereof, and involuntarily and against
his will, was forced to testify and to
furnish evidence as to the relations
between the Waters-Pierce Oil com-
pany and the Standard Oil company,
and as to other matters mentioned
and set forth in the indictment in this
cause; that under the laws of the state
of Missouri, defendent, as an officer
of the Waters-Pierce Oil company, was
compelled to testify and furnish evi-
dence, said laws providing that a per-
son so testifying would be exempt
from prosecution for any matter about
which he might testify.
'•That, therefore, on to-wit: the 20th
day of September, 1906, there was in-
stituted in the district court of Travie
county a suit wherein the state of
Texas was plaintiff and the Waters-
Pierce Oil company waa defendant;
that said suit was a suit for penalties
tor the alleged violation of the anti-
trust laws of the state of Texas; that
said suit was instituted upon, and as
a result of the facts testified to by said
Pierce as aforesaid; that thereafter in
said cause, the attorney general of the
etate of Texas tiled In said court a ■
statement in writing setting forth the
names and residences of the persons
whose testimony he desired to take, in-
cluding said H. C. Pierce, and desig-
nating books and papers, including
books and papers of Ha id Waters-
Pierce Oil company, and other evi-
dence which he desired to secure in be-
half of the state; and said attorney
general on said 9th day of April, 1907,
filed a paper in which he requested
that under the terms of chapter 12, of
the genet al acts of 1907, of the legisla-
ture of the state of Texas, a commis-
sioner be appointed to take the testi-
mony in eaid cause; that thereupon,
by an order entered on the 9th day of
April, 1907. Frederick H. Sanborn, of
the city of New York, was appointed
such commissioner; that thereafter, on
to-wit, the 15th day of April, 1907, said
commissioner, in accordance with the
terms of said art. Issued h subpoena to
the said H. C. Pierce to appear before
him and testify in said cause: and the .
raid attorney general also caused to be
issued from the supreme court of the
state of New York a notice to the said
H. C. Pierce to appear and testify in
said cause, before the said Frederick
H. Sanborn, commissioner; that in ac-
cordance with the said subpoenas and
notices the said H. C. Pierce appeared
before the said Frederick H. Sanborn
on the 3rd day of May, 1907, and before
him testified in the said cause as
aforesaid; that having so appeared,
and being compelled to testify, and re-
lying upon the provisions of the afore-
said act of 1907, to the effect that any
witness for the state 'who shall testify
or produce any books, papers, or doc-
uments, in any proceeding or examina-
tion under the provisions of this act.
shall not be subject to indictment or
prosecution for any transaction, mat-
ter or thing concernig which he truth-
fully testifies or produces evidence,
documentary or otherwise,’ and invol-
untarily and against his will, truthfully
testified in said cause, and produced
evidence and documents therein, and
so testifying made the testimony given '
as aforesaid in the case of the State
ex-Inf. Hadley vs. Standard Oil com-
pany of New Jersey, his testimony in
said cause pending in the state of
Texas, and agreed, being compelled to .
give testimony, anl relying upon the I
Hold clause of the act of 1907, quoted
above, that said testimony might be
used in said cause pending in Texas in I
the same way and to the same extent
as. If then given before said commis-
sloners and said testimony s given in
Missouri, became and was a part of the
testimonyrinvoluntarily given of said
pierce in said Texas cause, and be-
via Big Four—-New York Central
|Lv. St. Louis 8:45 a. m. Arr. New York 9:45m"mntn,
Arr. Boston 11:50 morning
Excess Fare S4.00—No Station Transfer
oil business of the country, interfere 1
with by the succeusful prosecution of
raid company in 1897. Wo expect to
i porve that this defmdant entered into m payg ■■ A
the reorganisation as a party to a, NMAEn |q fl
conspiracy alroady formed." I f| B |\ Em EHAw I m
Numerous objections continued to
comie from the defense as Mr. Lightfoot ’ to get a bottle of Hostetter's Stomdoh
proceeded along this line, but he finally Bitter® when you firat notice any
* * ‘ " * ■* • symptoms of Stomach, Liver or Bowel
troubles and you will save yourself a
In Us ‘or Over 30 Years.
THE CENT- -Ja)aNY, TT MURRAY srnt ET. NEW rOAK CITY.
sons. M. Ramsdell, L.
You can not safely delay much longer for the
chilly blasts of winter will surely soon be upon us.
You will not mind the cold, however, if you are
snugly clad in some ofthe many beautiful, warm OUTER
and UNDER GARMENTS our stock contains.
No newer style creations will come out for this
winter. Dame Fashion has made her decree.
It is economy to buy your WINTER CLOTHES
now. The earlier you buy them, Ilthe onger you kan
use them.
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The Austin Statesman (Austin, Tex.), Vol. 40, No. 336, Ed. 1 Thursday, December 2, 1909, newspaper, December 2, 1909; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1464229/m1/7/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .