Newspapers / The Charlotte Observer (Charlotte, … / April 27, 1907, edition 1 / Page 1
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20 ages PTp t - HE 20 Pages SECTION ONI : TEN PAGES. TTE EW8 ESTABLISH THE ONLY EVENING ASSOCIATED PRESS NEWSPAPER IN CHARLOTTE. SECTION ONE TEN PAGES. i-J 1 op? CHARLOTTE, N. C, SATURDAY EVENING, APRIL 27 1907. Governor Says See That N. C. Jamestown Governor and Party Re turn brom Opening of Expos ition. Grounds Not Yet in Shape. N. C. Week in August. He WiUl - i IIIIICT AC Ppiii PRICE: 5 CENTS Week at Success President And Party Visit Old Estates Young Man Charged with 1st Degree Murder. ' 'Pernicious Activity. " Delegates to Unveiling Ceremonies. Special to The News: Raleigh, N. C, April 27 Governor Glenn returned this morning from the opening ceremonies of the Jamestown Exposition, and says the exposition bids fair to be a great show, but it will take 30 days to get it in anything like a iair condition. .North Carolina, he says, has a splen did building and he intends to see to it personally that North Carolina week in August is a crowning success lie says he and Mrs. Glenn will occupy the North Carolina building that week, and as the official host and hostess, cordially welcome all North Carolinians. First Degree Murder Charge. Rowden Black, who came to thi county from Fayetteville, and who has been m jail here since Monday for shooting to death Marshall Rowland at Willow Springs Sunday, was recom mitted to jail without bail last evening to answer the charge of murder in the first degree at the next term of the Superior Court, the commitment being by Coroner Sparks, as the result of an inquest held during the afternoon. Witnesses examined were the young er brothers of the married boy. They told of the demand made by Black on the younger Rowland for whiskey; his reply that he didn't "cave to get it," the abuse by Black; the demand of the elder brother for an explanation of TRAIN WENT THROUGH BRIDGE. tJio treatment of his brother, and the By Associated Press. Norfolk, Va., April 27. President Roosevelt and family with our in vited guesfs are inspecting the old colonial architecture along the James river, Virginia. They are making a trip on the naval yacht, Sylph, and if the pro gram is earned out, they will visit Branden, the estate of the Harrison's Westover, the estate of Byrd's and Shirley and the estate of the Car ters. The party also will inspect the old , church tower at Jamestown. The day is far from being pleasant. with drizzling showers in the morn-! ing. There has been no communica tion with the Sylph in Hampton Roads since yesterday.' The Presi dent insisted that his stops should be entirely informal, and it was an nounced that if it , appeared that these plans were in danger of being miscarried he would not make the stops scheduled. Sets Out for Washington. At no point touched by the Presi dent is there direct communication with the outside world. Leaving Jamestown late this after noon the President will not make any stops between there and Washington on his return trip. He bade a for mal goodbye to the exposition officials last night. THE STORY DIVORCE. Decree of Divorce Granted Dissolv ing Marriage of Eams-Story and Hus band. By Associated Press. New York, April 27. Judge Tomp kins, of the Supreme Court, White Plains, has granted an interlocutory cecree of divorce dissolving the mar riage between Emma Eams-Story, prima donna, and her husband, Julian Story. The action and decree are based upon statutory grounds. No correspondent of social prominence is involved. She is permitted to re sume her maiden name ,and to re marry. Not The Unwritten Law But Self-Defense Basis Of Kimball's Acquittal Murderer oj James Ste phenson Given hisFrec- A Shooting Affair At Greenville, S. C. Special to The News. Greenville, S. C, April 27 Early last night Ben Colbert, a block opera tor on the Southern Railway, shot Turner Stokes, another operator. Colbert covers the night trick and Stokes the day job. It appears that the men became involved in a difficulty as to whose duty it was to go on duty a certain hour. Stokes was shot in the arm and is not ceriously Injured. Colbert says he shot Stokes because he was ad vancing on him with a piece of timber. Decision AsTo Passenger Rates By Associated Press. Richmond, Va., April 27. The State Corporation Commission handed down a decision today in the rate bases by which, after July 1st, passenger rates on the trunk lines are reduced to two cents per mile; on their feeders to 2 1-2; on certain minor roads they will be three and on one or two lines 3 1-2 cents. On freights . a uniform schedule is established thereby making a slight re duction. dotnby Judge Wards Ruling on 1 he Evidence of Both Sides. Judge Ward Closed Busy Week of Court Tlonrinrr 10 o'clock. There was a good sprink- MCaring Before CommiS- iing of people in the buildimr at the P time, many of whom remained until the close of the preliminry at 1 Jones' Defalcation. mi ce shots . fired by Black with the fatal result. Pernicious Activity. Civil Service Commissioner Henry T. Green spent yesterday and today here investigating the charges made by Senator Simmons, as Democratic State chairman, of pernicious activi ty of Republican office holders in the last political campaign. He has al ready visited a number of western Carolina towns on this investigating mission and will go next week to Beau fort and a number of the eastern Caro lina points, when his work will be com pleted and his report filed with the department at Washington. While here Commissioner Green saw for the first time the grave of his fath er, Rev. Henry Fay Green, who was buried here in 18ti0. He was an Epis copal clergyman. Commissioner Green, while yet a school boy, had arranged for a suitable stone to be placed on his father's grave, but he had never seen the grave until he visited it on this trip. Unveiling of Monument. At a meeting of the Raleigh Chapter of the North Carolina Society Colonial Dames, held last evening, Mrs. A. B. Andrews and Mrs. ..illiam J. Martin were selected as representatives of the chapter to attend the ceremonies at Wilmington next week for the unveil ing of the monument to Cornelius Harnett. Features of the ceremonies in Wilmington will be the address for the unveiling by Dr. C. A. Smith, of the University of Nortn Carolina; a pilgrimage to old St. Philip's Church at Oi l Brunswick on the Cape Fear, and 211 elaborate official reception to the visiting Colonial Dames at the splendid 'olonial residence of Mr. and Mrs. Jas. Sprunt. State Auditor B. F. Dixon returned this morning from Westminster, Ruth erford county, where he delivered the address for the closing of the Ruther ford College there. He .says that ac fonling to the opinion of the farmers in 'he section' he visited the fruit was practically all killed by the recent se vere cold and frosts. Rev. Livingston Johnson, correspond-in- secretary of the State Baptist Con vention, has gone to the eastern part f f the State for several days in the in terest of the cause of missions. He ays the work is growing steadily and contributions are already showing a marked advance over the record for the "a me period last year. Manteo and Seaton Gales lodges of Odd Fellows are preparing for a joint ( ' h !,ration of the eightv-eighth anni versary of the foundation of Odd Fel lowship. There will be a class of or phans from the Odd Fellows Home at flohl.sboro and the Grand" Master has '" 'n invited and will, in all probabili ty, attend and deliver an address. Mr. McNinch to Deliver Address at Winston All of Passengers Were Injured in Accident. By Associated Press. Lampasas, Texas, April 27. A mixed train on the Houston and Tex as Central went through a bridge be tween here and Burnett today. Nearly every passenger was hurt. special to The News. Winston-Salem, N. C, April 27. Jr. Frank R. McNinch, of" Charlotte, ls accepted the invitation to make 'he principal address at the Pythian memorial service to be held at the Elks' auditorium Sunday, May 12th. . Workmen In Fatal Crash sioner J. W. Cobb Cotton Broker Believed 'cloc? nlis mrninf- T defendant v Avas kept under the constant care tO be Connected With ancl. surveillance of Marshal Sims mini me opening or tne court wnen Lo was allowed to sit between his attorneys. After stating the charge held against Mr. "Fonville Distric't At torney Holton introduced the follow ing witnesses:. President B. D. Heath, W. B. McClintock, individual - book keeper; H. L. Evans, collector; C. W. Butt, general bookkeeper and W. H. Twitty, cashier. The records of the bank were offered in evidence and the passing of checks from hand to hand, examining accounts and looking up item ' by item constituted the main testimony taken for more than an hour. How the Bank Was Robbed. ! In Collapse of New Pier a Score of Workmen were Carried Down. Two Bodies Missing. By Associated Press. Baltimore, Md., April 27. The new pier under construction in South Baltimore, collapsed today carrying down about a score of workmen. Six bodies have been recovered, two men are missing and 15 were injured. This is believed to cover the ex tent of the casualties. NEW COTTON MILL. Stock All in Sight and Meeting Called to- Ornanize. Special to The News. Statesville, April 27. It has been mentioned recently that Statesville was to have a new cotton mill and that most of the stock had been sub scribed for. The stock is now all in sight and a meeting of the stockhold ers has been called. This meeting will be held in the office of N. B. Mills, the promoter of the mill on May 2, and the company will be organized. The new concern will be known as the ' Frances Cotton Mills Company, and will have a capital stock of $110, 000. The location for the new mill has not been decided on. Flower Co. Chartered. Special to The News. Raleigh, N. C, April 27. The Company of Greensboro, was charter ed today to grow flowers, plants, seeds, vegetables at a capital of $10, 000, authorized by W. C. Porter, F. E. Duffy and others. Jay Gould Won. By ' Associated Press. London, April 27. Jay Gould won in three straight in the second round of the international amateur lawn tennis tournament. Charged 19 Cents for Murder. Tangier, April 27. A Portugese was murdered yesterday at Casa , , i,.. npp-rn in the nav of a n m ii ea. u.y - Moor. The murderer received franc. ' one Washington, i ! Vi . rflRo J" J - - rrcno,rrx nr the! former commissioner ew- ---land office, on trial for the destruction of public records, returned a verdict of not guilty. How Fonville and Jones Jire Alleged to Have Worked the Ropes in Securing $ 73, 500 of the Bank's Money. Suddenly dropping his eyes to the floor, nervously wringing his hands in a sort of unconscious rapidity, com pletely changing the expression of his countenance to sad dejection, it was evident that Mr. Percy Fonville was exceedingly shocked when United Slates Commissioner J. W. Cobb in a preliminary hearing last night re fused the prayers of the defendant's attorneys to give the prisoner his freedom, binding him over in the turn of 10,000. Fonville was indict ed for aiding and abetting and for conspiracy in the robbery of the Charlotte National Bank of $73,500 by Franc II. Jones, who until April IGth was acting cashier of the insti tution. Defendant Came in Bravely. The defendant was represented in the hearing which was held in the P'ederal building by Messrs. Stewart & McRae. He sat between his coun sel during the process of the hearing, maintaining a brave disposition, talk ing freely as if explaining to the at torneys the facts which involved liim cn Jones' defalcation. There was little visible mark of dejection on his face until Commissioner Cobb main tained after the argument of counsel that there was probable cause, suc ceeding which District Attorney Hol ton asked that the defendant be held under a bond of $20,000. Visible Mark of Dejection. When his counsel plead with the Commissioner to make the bond small enough to enable the prisoner to secure the amount, stoutly main taining that Fonville should not lan guish in jail because of evidence so flimsy when his gray-haired father, his wife and children in a distant S'tate were dependent upon him, the defendant evidently looked upon the situation from a new point of view, find felt more sensibly than ever be frre the sung of the pain. Fonville is the Man Wanted. District Attorney Holton made bold co announce to Commissioner Cobb tiat Fon e is the man wanted most of all, -11 he is responsible to a large degree for the downfall of Jones. We have been after the ," said he, "that has sot the money and we think we have him now. The books show that Jones got none of the, money. - onville received it all, and possibly divided it with Jones after ward. The false entries in the bank books disclose the fact that they were always to the credit of the de fendant. He is the man we want. Cross-ties Were Piled on Tracks Solicitor Clarkson Left Matter With the Court Who Maintained Self Defense And Ordered Verdict of Not Guilty. With all the evidence concluded on behalf of the State and the defendant in the case against Mr. J. T. Kimball, charged with the murder of Mr. J. M. Stephenson some weeks ago on the Pineville road with a crowded cojut room silently awaiting the expected heated argument of the attorneys, Judge George W. Ward made some what of a sensational ruling in his court this morning when he requested the jury to retire and announced to the counsel on both sides that ha would take the responsibility for ac quiting Kimball and discharging tho case. Judge Ward called on Mr. Clarkson for an opinion on the situation and tho Solicitor was prompt in replying that the preponderance of the evidence was in favor of justifiable homicide, and that while he had no sentiment at all for the so-called "unwritten law," or any such arguments, he believed that The April term o fthe criminal court which has been in session for the past week closed this afternoon at 3 o' clock, the docket having been cleared of all cases ready for trial. None of the testimony provel a plain case of the larger cases went over except that self.defense. The jury was called back of George Livingtone who is charged . . - with the burglary of several hotels in U1U iWU1 "u JUUSU vv'lIU- the city. He will be tried in June. Judge Ward's initial appearance be- Facts were disclosed during the examination of Mr. McClintock mak ing public for the first time informa tion held heretofore by the bank offi cials in regard to the policy pursued by Jones in securing the large sum of money from the bank. It was offered in evidence against Mr. Fon ville to sustain against him the charg of conspiracy that on one occasion, March 13th, in his own hand-writing i deposit slip was sent to Jones call ing for $8,000 to be placed to his individual credit. The other books thow that this was a fictitious entry, such a sum never in reality having come to the bank on Fonville's account. Covering Up His Tracks. In order to cover up his own tracks and to make it appear straight on the records of the banks, Jones laised on- his balance sheet four checks on local banks due the Char lotte National, each calling for $2,000 in excess of . what they really were, makins: thev total of $8,000. On this fame date, Mr. Fonville wrote a check made payable to the V. P. Randolph Co. for $6,682.50, and indi vidual checks covering the remain der of the $8,000 he was credited with on the deposit books, but which he really "never had in the bank. Other deals of the same sort were iroven to have been made, this being the basis of District Attorney Hoi- Continued on page 9 Tug Sur.k in Bay. By Associated Press. . Baltimore, Md., April 27. The Standard Oil tug Radiant sank in Chesapeake Bay below Baltimore to day. No lives were lost: Many A. thletes Are Present Hermann Acquitted. n n a nri i z. x uu j-'. 1 -. . . i ill ..5 of Binger Hermann, ( The boons tnemseives wiii iuim oum- cient evidence against me uuuuneu Greatest Gathering of Athletes in Country's History Meet at Phil adelphia. U. N. C. Re presented. By Associated Press. - Philadelphia, Pa., April 27.--More than 1,200 athletes are ready for this afternon's carnival cf field sports on Franklin Field. The collection of contestants is one of the largest ever assembled at any athletic meeting in this country. The South is represented hy delega tions from the Universities of Virginia, Train No. 43, Washing ton to Atlanta, Ran In- to Obstruction Placed on Tracks Near Harris- burg. Charged with the attempt to wreck a Southern mail train, running at the rate of nearly 60 iniles an hour, and down grade, two white men ana a ne gro were arrested last night' at a point one mile south of Harrisburg and lodg ed in the Cabarrus county jail, at Concord, pending further investiga tion by the road's detectives. All three men stoutly declare their innocence, but officials of the road are possessed with evidence rather incriminating and the alleged wreckers will be con fined in the Cabarrus jail until the in vestigation is completed Train No. 43, Washington to Atlan ta, arrives in Charlotte at 8:50 p. m. and on its run last night, when a ter riblc wreck was narrowly averted, was m charge of Engineer Kizziah and conductor Iseman. Passing - Harris burg at a high rate of speed the train had covered about a mile when Engl neer Kizziah saw in the distance, aided by a clear night and a bright moon, an obstruction on the tracks that resem bled a pile of cross ties. He closed his throttle and put on the emergency brakes, but was unable to bring his engine to a stop until the cross ties were struck. Fortunately they were placed on the tracks in such a position as not to derail the engine but were pushed ahead and thrown aside. The engine was brought to a stop a short distance below, and running back Con ductor Iseman saw two figures retreat ing in the darkness. He fired his re volver a number of times without re suit. . ' Upon arrival at Charlotte a few min-. utes later the officials here were noti fied immediately. Yardmaster V. N. Camden and Supervisor Richburg boarded No. 38, the vestibule, which was coming into the yards when 43 arrived, and went to the scene. With the assistance of two special officers from Concord, who had been notified to approach the scene of the attempted wreck from the North side, the negro was taken in custody and later the two white men. The latter were discovered crouching behind a section house. All three were taken to Concord, as the at tempted crime occurred in Cabarrus county. The case is being further look ed into by the company's special agent. Train No. 43 is equipped with three express cars, two mail cars, a baggage car and one passenger coach, though it does not handle passengers, mainly express, and frequently the company transports largesums of money on it. In almost any case it would be select ed as a train for robbers to hold up. Further developments are looked for. Trainmaster Camden remained fore the local bar won for him last ing note as an exponent of the law, vigorous in his denunciation of crime, a man of culture and legal ability. He was solicitor during the trial some years ago of the man Wilcox, charged with the muredr of Nellie Cropsey in eastern North Carolina. He believes in the enforcement of the law, whatever the law may be, and never fails to per form his duties in the disposition of criminals in a manner worthy of his high position. He will spend next week in the city holding a one-week term of civil court which begins Monday. Ex-Governor Bullock Dead Former Governor Bul lock, of Georgia, Died To-day. Served in Con federate Army. His life History Told in Full. By Associated Press. Buffalo, N. Y., April 27. Former Governor Bullock, of: Georgia, died at Albion. Died at Old Home. Mr. Bullock died at his family homestead, where he had resided since the death of his wife. He was 73 years of, age and leaves a daugh ter, Mrs. Leonard Kendall, of Green wich, N. J., and son, Freeman ' Bui lock, of Omaha. v ' ' His Life Work. By Associated Press. Atlanta. Ga.. April 27. Former 'Governor Bullock, whose death is announced, was born at Bethlehem, N. Y., March, 1834, After graduating from Albion Academy, he came to Augusta, Ga., where he was connect ed with the Southern Express Com pany, assisting in its organization. Although opposed to secession, he entered the Confederate service, serv ing four years in the civil war and attaining the rank of lieutenant-col onel. He was elected . governor of Geor gia in 1868. During the latter years of his life he was connected with a number of prominent commercial en terprises, being -president of a bank at :Augusta, president oi the Atlanta Cotton Mills Company, and of the Atlanta Chamber of Commerce, and was among the prime movers in. the Atlanta exposition in 1881 and 1895. fiarverford Col, Alumni Entertained at Concord Special to The News. Winston-Salem, N. C, April 27. The alumni of Harverford College, residing on "the scene nearly all night and did 1 in North Carolina, were delightfully en not return to the city before noon to day. The .details of the occurrence were reported fully to Supt. B. G. Fal iis, at Greenville, S. C, superintendent of this division. ' , Prisoners Talk to Correspondent. The" Concord corespondent of The News talked with the young men, Os car Whitesides and Floyd Williams, this morning. They said they wer rlofnnltP.r-" ' Hearing Lasted Three Hours. Georgetown, George Washington and ' mill operatives from Rock Hill, S. C, 'Squire Cobb called his court at North Carolina. - Continued on page 9 . tertained here last night by Col. W. A. Blair. addressing them, said: There's No Unwritten Law. "Gentlemen of the Jury, I have de cided "that if you believe all the evi dence, I would ask you to return a verdict' of acquittal in this case. I am particular to state in this connection that when a man kills another with a deadly weapon, the burden of proof is on the defendant to show that iv was a case of self defense. The evi dence in this case shows that he wa : justified in lulling his antagonist. Ii is not a law in this State, nor any where else that a man has a right to go down a road and kill another for feloniously assaulting his wife. But he did have a right to follow up the accused and is assailed to have killed him in self defense. Enter a verdict of 'not guilty, Mr. Clerk." Verdict Met With General Approval. This announcement fell upon sym pathetic ears, because it was evident throughout the entire trial which be gan yesterday afternoon that public sentiment was decidedly in favor of Mr. Kimball. The defendant and his wife, through whose face shines beau ty and purity were allowed to pass out of the court house and other business was taken up. There was ho wild mark of approval, but very visible signs that the spectators and all in terested in the case were pleased with Judge Ward's ruling. Five Jurors Had Formed An Opinion. .The defendant in the hearing, Mr. J. T. E. Kimball, was arraigned yester day afternoon, Solicitor Clarkson an nouncing to the jury that he would ask Only for a verdict of murder in the ! second degree. When the disposition of the jurors was being ascertained, five excused themselves when asked if they had formed an opinion that, the defendant was not guilty. This act on the part of the jurors established con fidence in the defending counsel, Mess ers McNinch and Kirkpatrick. Tho jurors who excused themselves wero Messrs. W. P. Smith, A. E. Wearn, D. A. Johnston, Denny and Cathey. Mr Hunter's Testimony. MV. O. C. Hunter was the first wit ness called by the State: He said: "I was sitting on my front porch on tho evening of the killln.g I heard screams down the road toward Mr. Kimball's and went immediately. Someone stop ped me en route and told me that a dead man was lying down there. I continued my journey, and when I reached a point 300 yards from Mr. Kimball's I found a stranger dead. I saw a man and woman coming toward me, only a few feet away then. It was Mr. and Mrs. Kimball. I asked him what was the trouble and be said: 'Mr. Hunter, they say I have killed a man) but if I did, I don't know how I done it.' I sent Mr. and Mrs. Kimball home and went to 'phone for Sheriff Wallace. I then walked down to Kim ball's house." """Did you say anything to him?" asked Mr. Clarkson. " "I told him that the officers would be here in a few minutes to take him to jail." "What did he say then?" "He said 'My God, Mr. Hunter, if a man has to go to jail for protecting The society was organized with CQi-. his wife and home, what's the use of onel Blair as President. J having one. I asked him then how Dr. W. W. Comfort, professor in ht happened and he stated that the Harverford, made the dress. principal ad- Commodore George W. Gardner dead man had gone Into his house and attempted to outrage his wife. : ' "I picked up my gun' (witness "noted the defendant), 'and followed left this morning for Cleveland after him up the road. As I approached him s-pending several days here with his i hailed him and asked him what he son, Mr. J. O. Gadner. I Continued on page 9
The Charlotte Observer (Charlotte, N.C.)
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April 27, 1907, edition 1
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