A THE ONLY EVENING ASSOCIATED PRESS NEWSPAPER IN CHARLOTTE. VOL. XXXV NO. 6369 CHARLOTTE, N. C MONDAY EVENING, JULY 16, 1906 PRICE: 5 CENTS v . TRIAL OF ALLEGED s, ".. v - - .'- 'i v,-r.. '.-a--. .. .. HERS OF J, V, II .X f- -sk ' ' V '' - 4 ... V- v . V ' MITCHELL GRAHAM LYMG EG S APPOINTED AGiEHTS Appointment by Secretary Metcalf o Two North Carolinians as Special Agents to Investigate Markets for Cotton Products of U. S. ;s Announced. Messrs, W. Graham Clark of Jonesboro, N. C, and William Whittam, Jr., of Charlotte ai e Appointees. Reports to be Transmitted to Congress. Bv Aceociated Press. Washington, July 16. Secretary Metcaii announced the appointment o two special agents to investigate the markets lor cotton products of the United States. The appointees are: W. Graham Clark, general manager of the Eugenia Mfg. Co.. of Jonesville, N. C; and William Whittam Jr. of Charlotte, edi tor of the American Cotton Manufact urer. Both men are generally endorsed by the cotton manufacturers and growers throughout the East and South. Mr. Clark is a son of Chief Justice Clark, of the North Carolina Supreme Court; a graduate of Cornell as me chanical engineer, and has worked his way up in the cotton business from the bottom to the position he now holds. Mr. Whittam has for many years been recognized as a cotton expert. The appointments wrere made anz the authority contained in the legisla tive appropriation bill recently passed by Congress. . , Messrs. Clark and Whittam will make the investigations and report to Secretary Metcalf. The secretary will j transmit the reports to Congress. DEATH OF WM, BOLAN, JR.. Popular Young Son of Mr. Wm. Bo lair Died Instantly Yestftrday After noon Cadet T. H.' Brevard Injured by Train. Special to The News. Raleigh, July 1G. Not in a great while have the people of Raleigh been so shocked as , at the news of the death of William Bolan, Jr., the 21-year-old son of Mr. William Bolan, of this city, at the Atlantic Hotel, Morehead, yesterday afternoon. He had left Raleigh the day before with a gay party of young friends in the best of healtn and spirits ap parently. The young man had been in the sound during the morning and was dressed for an afternoon dip, waiting in the room on the third floor for the party to gather. He had eaten very heartily at dinner. He was seen to gasp repeatedly and before any one could reach, him he pitched out backwards to the ground. It is believed that he -was aead before his body reached the ground. ' Accute indigestion is thought to have effected a naturally weak heart and caused instant death. His remains were brought here and the funeral was conducted at 6 o'clock this evening. Cadet T. H. Brevard, of the A. and -M. College, was slightly injured last night in Pullen Park, near the college being struck by a Southern passen: ger train from Keysville.' He and Cadet Irely- were walking on the tracks at the point where the Sea hoard, Southern tracks are parellel. He stepped from the Seaboard to the Southern to avoid the Seaboard fast train. He did not realize that the Keysville train was approaching Otf the Southern. The baggage clerk on the Seaboard shouted warning as his train passed. Young Irely jumped off in time but Brevard was struck and rolled off the to the side of the track. His leg was badly broken, a shoulder dislocated and severe bruises were liiflicu.d. He will recover. He is from Buncomb county, his guardian bng A. F. P. King, mayor of Hen derson ville. ' -- 30,SPECIAL TRAINS. f Will Carry Elks to Great Reunion at Denver. By associated Press. Denver, July 16. Havoc was rought by rains Saturday night and Sunday to tho elabroate street dec orations provided in honor of the Elks' reunion which opens this' evening; but the weather cleared and ' the damage was repaired during the day!" Thirty special trains are scheduled to arrive before night. ASHORE AT GULL SHOAL. Crew of Grounded Schooner Were Rescued bv Life Saving Crew. tfy Associated Press. Washington. July 16. The schoon er Matilda D. Borda, coal laden from New York for Savannah, went ashore at Gull Shoal, ' North Carolina - coast, the crew of eight were landed by a hie saving crew. - ""5 X.. 1 WILLI AM WHITTAM, JR. WAR , NOT DECLARED. Republic Invaded Whole Country to Defense. By Associated Press. New York, July 16. Th Associat ed Press received the following tele gram from the President of the Re public of Honduras: "Tegocigalapa, Honduras, July Hi. Honduras has not declared war. Gua telma without justification or reason has invaded the territory of this Re public and the whole country has come to the national defense. ("Signed.) "MANUEL. BONILLA." Mr. Scofieid Chosen. . By Associated Press. Washington, July 16. John C. Ssofield, chief ' clerk of the War De partment, has been designated as the aavisory member of the government board for the Jamestown Exposition and will have the supervision of the war department work. WOULD ARBITRATE ALL DiFFIGULTIES Report States that Honduras is Now Willing to Disarm and Submit its Grievances to Arbi tration when Guatemala and Salvadore Agree to do So. By Associated Press. Washington, July 16. Honduras is willing to disarm and submit its grievances to arbitration as soon as Guatemala and Salvador agree to do likewise. Mr.. Merry, the American minister to Salvador, advised the State depart ment that he is still negotiating with the Salvadoran authorities trying to get them to agree to disarm and meet the Guatemalan envoys in Wash ington,, or elsewhere, to arrange for the settlement of the difficulties. SENTENCE CONFIRMED. Sentence of Five Years' Imprison ment for Henry Lear Confirmed. By Associated Press. Philadelphia, Pa., July 16 The Unit ed States Court of Appeals affirmed the sentence of five years imprison ment for Henry Lear, former presi dent of the Doylestown, Pa., National bank for abstracting its funds. George P. Brock,. former cashier and brother-in-law of Lear was also convicted and appeal is pending. TRIAL OF ICE MEN. Verdict of Not Guilty of Criminal In tent to Defraud. By Associated Press. - ; Jacksonville, Fla:, July 16. The trial of several ice dealers on the charge of combining to raise the price o fice resulting in the veridct of not guilty of criminal intent to defraud. The ver dict was reached after one of the hard est legal fights in the history of the place. , DEATH AT SALISBURY. Mr. Morgan, a Well-Known Citizen, Dropped Dead To-day at Noon. Special to The News. ;bury . , July Mr RJ Morcan. a weu-Kiiowu , bury dropped dead at his home at noon'todayf He was forty-three years of age. . . For Simmons 'and Hackett. Sf JulTl6.-The Caldweii Lenoir, N. C, July it. t L county Democratic wckett Loir met this noon endorsing Hackett vrirSmWtton. It had been reported that he was considering joining the .Republican ranks A full county ticket was also nominated. 11 HAVING A HARD TIME. Republican Member of Legislature Has Many Troubles. Special The News. Greensboro, July 16. The Republi can member of the Legislature from Swam county, Mr. Patterson, has cer tainly had a hard time of it since he was asked to resign as United States Deputy Collector two short years ago. His Republican constituents prompt ly vindicated him from being allowed to "resign" as deputy collector by sending him to the Legislature where he made a good representative for them and made friends among his col leagues of the House, regardless of politics. The federal court indicted Patterson for rendering false and fraudulent accounts of expenses to the government, and also for alleged conspiracy wilh the distillers . to de fraud the government. He was tried here last winter on the expense ac count, Governor Aycock, Mr. Watson, Judge Bynum and other big legal lights making terrible efforts to have him acquitted but the jury found him guilty. Sentence was not passed, Judge Boyd saying he would await the re sults of the other trials before doing so in ' any of the numerous cases against other officers. ; So Mr. Patter son will have to come back next Sep tember and when he gets here to see what Judge Boyd wall do with him, he will be pestered with a capias from Mayor Murphy for carrying a connceal ed weapon. In the convention hall Tuesday Mr. Patterson came near having a fight with a brother delegate from Swain because he wanted to vote for an Adams motion, while the Swain delegation had been instructed to vote for Harris or Blackburn for chairman. Policemen interfered and took from Mr. Patterson a first-class shooting iron, which he had attempted to draw on his brother Republican.. Taken from the hall: Mr. Patterson put up $25 for his appearance before the mayor the next day and went back to the conven tion. His pistol was given to the ho tel clerk and was placed in his baggage "unbeknownst" to him. ' Next day he forfeited his $25 and will be re-arrested when he returns in September. HARTJE' DIVORCE CASE. Taking of Testmony Postponed Until Tomorrow. Bv Associated Press. "Pittsburg, Pa., July 16. The taking of testimony in the Hartje' divorce case was again postponed until tomor row, the counsel for Mr. Hartje' hav ing reouested a continuance for an other day to allow experts for the de fense time to examine mandine let ters. - - OF MOTHER HARRY THAW MAKES VISIT For the First: Time Since the Shooting of Stanford Wh"'te by Harry Thaw his Mother Saw Him 16-day in Tombs Prison. A Tender Meeting- By Associated Press. New York, July 16. Mrs. William Thaw, "paid , a .visit to her son Harry Thaw in the Tombs. She was proceed ed by Thaw's wife but' later upon 'as certaining that Mrs. William TmaWhrad not yet visited f he ' Tombs, declared that she desired her husband's mother to have first opportunity of seeing the prisoner. t ' His mother reached the prison at noon. The police had difficulty in mak ing a line to permit Mrs. Thaw to pass into the prison. ' Mrs. Thaw was met at the door by the prison warden who told her in an apologetic way that it would be neces sary to comply - with the prison rules that all visitors must be searched. Mr. Lloyd Ross has gone to Morgan ton to visit relatives and friends. : : ' - - ' IS THE SPOKESMAN FOR FIVE SUSPECTS : i In an Interview with the News Man the Negro Suspected of the Lyerly Murder Declares that he Knew Nothing of the Crime Until Saturday Morning. The Other Four Suspects Declare their Innocence, not One of the Five has Ever Made Any Statement that Could be Con strued as Confession. The five negroes who are suspected of being implicated in the murder of the Lyerly family, were brought to Charlotte Saturday night by Sheriff Julian of Rowan county. The names of the negroes are: Mitchell Graham, George Irwin, John Gillespie, Jack Dil lingham and Henry Gillespie. Sheriff Julian, on his arrival at the county jail turned the prisoners over to Deputy Sheriff E. Cr. Johnston who at once put them behind the bars. All five of the negroes were fright ened in an inch of their lives. All the way from Salisbury to Charlotte they were trembling and crouching beneath the car seats or fear some one would do them harm. The trip to this city was made without incident, though Sheriff Julian thought he would encounter trouble at the station in Salisbury. He managed to get the prisoners on the "blind" side of the cars and got them aboard the second class . car without any one knowing i of their presence. Yesterday afternoon a News man went to the county jail and had a long conversation with, the five pris oners. All, with the exception of Mitchell Graham, declined to talk very much. Graham, however, was very conversant and seemed both willing and eager to tell his side of the story. He declares that be knew nothing of the wholesale murder of the Lyerly family until a Mr. Barber informed him of the crime about 5 o'clock Sat urday morning. He says that he was in bed at his home wyen Mr. Barber passed along the road and yelled for him. He went to the door of his house and Mr. Baroer asked him if he had heard what had happened down at old man Lyerly's home. He told him he had not and then Mr.; Barber told him of the - horrible crime that had been committed during the night. Graham says that he was startled and hardly knew what to say or think. He dressed' as-- quickiy as possible and went down to the -Lyerly home, which is a. distance of about three quarters of - a mile from his house. He was standing out in the yard talk ing with one or two other negroes about the affair when he was arrested. John Gillespie and Henry Gillespie, step-sons of Mitchell Graham, were plowing in a field about two miles from the Lyerly home when an officer arrested them. Both of these boys are bright mulattoes and have rather good faces. They, of course, declare they know nothing of the crime ana claim that they can establish the fact that they remained at their home from 8 o'clock Friday night until 5 o'clock Saturday morning. Jack Dillingham, another one of the five is a rather squatty negro and much darker than either of the Gillespie boys. He has piercing black eyes and there is something about his appear ance that denotes meanness. There is nothing, however, . in the evidence, so -far accumulated, that will directly connect Dillingham with the crime. It is known, however, that Dillingham is very intimate with Mitchell Graham and this fact may mitigate against hinu George Irwin, the fifth negro now in the county jail here will not speak of the-crime at all. He seems to be per fectly satisfied- to listen to the story that : Mitchell Graham tells. He, of course, denies that he 'is in any way implicated in- the crime. He is a black, swarthy negro and there is noth ing attractive about him. It is not known uow long the five negroes will remain in : the Mecklen burg jail. Some think that - the best policy would be for Rowan county to have them transferred to the State penitentiary at Raleigh. There they would be ' perfectly safe while ' here there is a doubt as-to their safety. SPECIAL TERM OF. COURT. Governor Glenn Orders a Special Term of Court for Trial of Lyerly Murder ers. - . ; f . Special to The News. Salisbury, July-16. Governor Glenn today ordered a" special term of the Rowan superior court for the purpose of trying the murderers of the Lyerly family. The court, is ordered to begin July thirtieth. Judge Long to Preside. Special to The News. Raleigh, July . 16. CoL Arrington, private secretary to Governor Glenn, today issued an order for a special term Rowan coiirt for the trial of the ne groes tinder arrest for the murder of Isaac Lyerly and family at Barber's Junction. . . ' ' - t The order is at the request, of Sher iff Julian and many citizens of the county, 7 and in compliance . with in structions from Governor Glenn, now with his family v.-at Atlantic 3ity His Satanic Majesty "Just have a seat on that brimstone until I can think N of a punishment severe enough for you!'. ANOTHER CONVENTION Commercial Law League of America : to Meet In Asheville July 30. Special to The. News. Asheville, July 16. One of the most important conventions in Asheville during the year will be that of the Commercial Law League of America, which convenes at the. Battery Park hotel in this city Monday July 30, to remain in session until Tuesday Aug ust 2. Delegates from every State in the union will be in attendance, and those closely identified ,with the asso ciation during the last few years are looking forward to the greatest gather ing ever held in the history of the organization. The program for the Asheville con vention contains many interesting fea tures. Prominent among those who will be in attendance are: Governor Blanch ard of Louisiana Governor Glenn of North Carolina, Hen John Temple Graves of Atlanta, Ga.; Hon John G. Gray of Seattle' Wash., and Hon. F. L. Siddons of Washington, D. C, ex-presi dent of the league. President Charles Wentworth Carr of the Law league, (and Secretary Charles L. Purves arean(j preached a beautiful sermon. urging all members to attend this meet- ing. '- - it is estimated tnat tuny but) dele - cllco aliu 1 11 c: n lauiiiico win aiiuu. tuc convention, and the people of Asheville are making extra preparations for their accomodation. Among the important addresses to be delivered here in the convention will be those : of Judge Jeter C. Pritchard of the United States Court, of Asheville; and Hon. John G. Gray of Seattle. Wash. - The present officers of the league are George Wentworth Carr of Philadel phia, president; H. G. W. DinklespeiL of San Francisco., first vice-president; Charles H. Fowler of New Haven, Conn, second vice-president; George M. Napier of Atlanta, third vice-president; William G. Hart of New Orleans, treasurer, Herbert E. Bradley of Chicago,- recording secretary and Charles L. Purves, secretary. MAN AND WIFE FOUND DEAD Both had Throats Cut and Pistol Wound in Head. By Associated Press. Chicago, 111., July 16 Edward F. Kloss and wife who conducted a small millinery store at 231 North Avenue, were found dead in their rooms above the store. The throats of both bad been cut, and blood was spattered on the floor and furnitures In addition to the wounds in the throats, both had been' shot through the head. A revolver was found on the bed by the body of Kloss and it is believed by the police that he committed the crime. SOCIAL. Misses Fannie Austin, of -Monroe and Corinne Wolfe, of the city, leave this evening for Hiddenite to spend several days. . . Three , Men were Killed Outright and 20 Injured in Explosion Which Distroyed Powder Mill of the Atlantic Dynamite Com pany To-day. By Associated Press. Ashland; Wis., July 16. The powder mill of the Atlantic Dynamite Compa ny blew jap Hilling three.; men: Twen ty bthers. were injuredH' . j. L. Pierce of Wilmington, general superintendent of the; powder mill and two workmen were killed. The neutralizing plant was destroyed. 'There were 25 buildings in the group. Men Ordered to Work. By Associated Press. Columbus; Ohio, July 16. The nr-ii J T nnoMtnTO thfi OtllO mi?eLkreJL and the men were ordered to work, It fis stated the miners were given some advantage over the agreement of June and - the some points. operators conceeded THREE WERE KILLED THE VICTIMS BURIED. Hundreds of Persons Attend Funeral of the Murdered Members of the Lyerly Family Four Buried in One Grave. Special to The News. Barbers Junction, July 16. The fu neral services and interment of the murdered members of the Lyerly fam ily took place yesterday morning at 11 o clock at Unity Presbyterian church, about two miles from the Lyer ly home. ' Mr, Isaac Lyerly, his wife, their little daughter Alice and son Johnnie were all buried in one- grave. The Lyerly family were all members of this church as were their ances tors. Early yesterday morning notwith standing the inclemency of the weath er, hundreds of persons from all over the counties of Rowan, Forsyth and Iredell began to assemble at the old ancestral home of the Lyerly family. Up to ten o'clock more than a thou sand persons were gathered together and by the time the funeral proces sion reached the church graveyard the number had been swelled to two thousand or more. The Rev. Mr. , Snense conducted the funeral services Many - beautiful floral offerings - were brought and sent from the nearby ) towns JUDGE R, B, PEEBLES TO CHARLOTTE He Tells the Lawyers That they Must Treat Witnesses .Fairly and that Corporations Must be Given the Same Rights as In dividuals, The Court Record. The. July term of Mecklenburg Superior- Court for the trial of civil cases .; convened this morning at 10 o'clock, Judge R. a. Peebles, of Jack son, presiding This is the first time . that Judge Peebles has presided over a Meck lenburg court. He has many friends among the members of the Charlotte bar and all were glad to ' welcome himf After the court was organized Judge Peebles addressed the bar. He said as it was his first visit to Mecklen burg county in the capacity of judge he wished to give the members of the bar his ideas in regard to the trial of certain kinds of cases. He said he thought that corporations had just as much right to be treated fairly In the court as individuals and that he would attempt to see that fairness and jus tice was meted out to them. He also stated that the court would not allow any witness to be unduly criticised and that no lawyer at the bar could practice such -tactics. It he found that a lawyer mistreated a witness or. a party to a suit, improp: erly, he would set aside the verdict in the case, if was .. rendered for the party whom the lawyer making such improper statement represented. It a verdict was rendered adversely lie said it was his rule to let such ver dict stand. In the case of the Queen City Printing - Company against the South ern - Bell Telephone Company, a non suit with appeal was taken. In the case of L. L. Taylor against the O. L. Barringer Company, a continuance by consent was taken. The same was true of the case of W. S. Gray against CD. Whiley; Craig and Wilson i against -G. D. Whitley; W. G. Gray against G. D. Whitley. In the case of Louise McBeth against the O. " JU. Barringer Company a nbn suit , was, taken. , " The first case for trial was that of Agnes Todd administratrix against the Charlotte Cotton Mill. This , is a case wherein f 1U,000 damages is asked for on account of the death or the husband of the party who has en tered the suit. Mrs. Todd is repre sented by Mr. Crawford D. Bennett and - the Charlotte Cotton Mills by Mr. A; rB. Justice. Hon: C M. Efird, wife, and daughter, Miss Lucile Efird, of Lexington, is. c. are visiting Mrs, Efird's sister, Mrs W. B. Gooding at No. 406. West Trade street. . BAR The Trial of the Alleged Lynchers of J. V. Johnson at Wadesboro Began To-day at Monroe with Judge Shaw Presiding. Town is Crowded. - - Grand Jury was fleeted. Judge Shaw Makes Strong Charge to the Jury. Says Justice and Fairness Shall Mark Trial. His Charge. ' ." C 1 j mt -v opeciai to ine xews. , Monroe, July 16. Monroe is full of orderly men. About 100 came last even ing. Every train is bringing hundreds to the scene of the trial of the Anson county alleged lynchers, of J. V. John son, on the evening of May 28. The court convened at 10:30, Judge T. J. Shaw presiding. The court room was packed with men. Few women were present. Order and quiet reigned. The town is in a continuous motion. The streets are crowded. Vehicles and horses in the East Monroe woods are camping in great number. Anson county visitors and witnesses are coming in all shapes. The Grand Jury is drawn. Judge Shaw's charge to them was groat. Two Grand Jurymen had formed opinions and expressed the same, stating the lynchers ought to be acquitted. They stood aside these. Several were suffer ing from nervousness. Others were ex cused, being sick with certificates! Judge Shaw declares there will be or der. He placed an officer at each door and one in the gallery. " The talk to the Grand Jury was in plain terms. First he said a Grand Juryman should be a man of good common sense; otherwise, should 1 - 1 1 1. i 1 L i be an honest man; should have the courage of his convictions, not looking for consequences. It is a hardship for the innocent man to be charged with crime. He must employ a lawyer, em ploy counsel, leave his business, home and bring his neighbor also. You-stand as a bulwark to see that no innocent man Cs convicted. The guilty man ought to feel towards the court that he would be convicted, not hoping for a mistake in the order of court which would favor him, and release, nor ex pect his fellows to purge themselves to save him. Innocent men ought to ex pect a vindication. When such is the state we may expect a most perfect law system. The guilty if allowed to go free feels at liberty to act further along the same line, and to lead a life of lawlessness. . Also their associ ates are encouraged to act likewise. "There are three classes of citizens. First, the law-abiding, the largest or all classes, composed of good citizens who conform their lives to the law. Second, the class who evade because they fear to violate the law. Third, -the men who defy the law deliberate ly." - "Crime has two elements. .First, criminal act forbidden by law. Sec-' ond, criminal intent to do that against the law." Judge Shaw then recited the law of perjury and explained in detail what is meant by conspiracy. He said that each conspirator was responsible for the acts of every other conspirator: Judge Shaw said that his mission to Monroe was to see to it that justice was done. He said that his court would not let a victim be punished unjustly. ' If the State furnishes evi dence sufficient, the defendants will be punished; if not they will be freed. He' said that any one who would listen to popular clamor or be" in fluenced thereby, that one would be guilty -of moral perjury. The law states whoever participated in this mob is guilty of murder in the 'first degree. Concluding Judge Shaw said, "God helping me I am going to take my part of the responsibility of this upon the Grand Jury. After this court is over, God helping me, my skirts shall be clear. The responsi bility or the miscarriage of justice shall not be thrust upon the court." "If approached by persons on this subject, report the matter to me and I can assure you that such man will not talk for many days to another on the court: square!" "I understand that there are letters In the pockets of men now ready to be "mailed to you. If you receive same, turn tnem over to me. i want to see what influences tney are trying to bring to bear upon you." - - ; -uv" :' Ttio flranrl Tnrv ia rfm nnspri of rptl-.... resentati ve : men ; of th;ei jCQjmtyC ,,Mr. . J. -, A Marsh of rMarshvUle-,,' is, foreman. One juryman was;, excjjs.edJ, because .of : n an , attack, of , indigestion. The rand Ut Jury, has, retired ,p& jjthe court, .is now . . hearing petty jail cases. , '.i DEMURRER SUSTAINED. Judge Sustains Demurrer of Thomas Taggart and Other Defendants. By Associated Press. Paloi. Ind.: July 16. Judge Bus- kirk sustained the demurrer of Thos. Taggart and the other defendants, which means that the receiver will not be appointed for French Lick Hotel at this time. Attorney General Miller immediately gave notice of an appeal to the State Supreme Court. 1