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Hickory Democrat. (Hickory, N.C.) 1907-19??, July 19, 1906, Image 1

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ALL THK NSWB | WHILE IT 18 NEWB. | VOL 9 WILL THE ALLE&EO mrnrn V At Opening of Court at Monroe for Trial of Alleged Lynchers Argument was Begun on Move of Oefendants to Quash indict ments. ; » Question Arises Whether or not ' Cases car be Tried in Union County, Judge ShawVrll An nounce his Decision Regarding the 'Matter. • • ■' ■• y ■ ■ Monroe, July 17. —As announced yes terday the court was opened for argu- i ment from both sides of the lynching contest regarding the move of the de fendants to quash the indictments. Judge T. J. Shaw, at 10 o'clock asked the prosecution if it had any further au thority to present before the court. "We liave if your Honor has not made up yoor mind" ■Jtidgf Shaw- said: "I have my con victions iutl am open for a change of mind," TWe was followed by strong pleas for each side. Judge Shaw, speaking t$ ■ Bennett said: Vqu may not reply to. expense charges. at sj4, t4o OOt.esaMiWer expend, • For the state it was said that justice could not be possibly had in Anson county, while the defendants counsel claimed they possibly could get justice here, but on account of newspaper reports and sentiment, no justice could be expected in Union county. Judge Shaw said: Gentlemen, I am not.ging to rule flnaly on this question at present. Lynching is the most hor rible of all crimes, and most cowardly, and I said enough to the grand jury yesterday for them to infer my opinion. 1 am not h£re to make laws, it is not for Judges to make laws. The act of 1903 gives the court the right to try this case In this county. Tlie "nmsMTJOde; in connection with the act of 1903, is now being consid ered by the Judge. ..Judge Shaw said: My ruling In this case will be given reluctantly. The act of J903, la a very wise law. The longer these cases are postponed, the harder it will be to bring them to justice. We are : not here to make laws. They are passed by the General Assembly and no doubt these statutes are at variance witji the common law. when the right to ;try these cases in an adjoining Coutnty Is considered, which right ought to be expressed in the special statutes. leaye the matter open, Mr. Solicitor, for purposes which I deem wise. I will not announce my descision as jet." Yesterday Afternoon. At 3:40 the grand jury were called in by the Judge. He addresed them, say ing: "Gentlemen it haS been suggest ed : to me to call you in. If you under stand that I said anything as to wheth er | these men are guilty you are in error. This is for you and the pettit jury to decide. I have no knowledge even of the names of these defen dants. I make it a rule never to read newspaper reports because I may softie time have to try the parties writ tea- about. This is no apology; I sim ply call you gentlemen back to state these facts in time that no harm may come from misinterpretation of what I said." The state announced at 3:45 that the case of Zeke Lewis, one of the defen dants In the lynching trial was ready for trial. Adams, atorney for the defense, made a motion to quash the ipdlctnierit In that the authority con ferred by the dct of the Watson law had been omitted in the codification of the acts of 1905. The crime denounced in the statute bearing on conspiracy or entering a Jail for the purpose of lynch ing is a separate offense from the crime ol lynching. No such law is in force which applies to this case in that it should be carried to an adjoining county for trial. In such instances as where boundary lines are indistinct, the county In which such an indict ment was drawn should try the case. The common law gives'every man the common right to demand a trial be for a jury in the county in which the offense was committed of the nature indicated by the indictment. There fore we move to quash it. The indictment reads as follows: "State of North Carolina, Union County, Superior Court, July Term, 1906. The jurors for the State, upon their oaths present, That Zeke Lewis, late of the county of Anson on the 28th day of May, in the year of our Lord one thousand, nine hundred and six With Jorpe 9twm>MMfcSf v c S ty aforesaid, unlawfully, wilfully, anq feloniously did engage In breaking and entering the common jail of Anson county, the place of confinement of prisoners charged with crime, with the intent to injure and kill one John V. Johnson, a prisoner confined in said jail charged with the crime of murder, against the form of the stat ute in such case made and provided, and against the peace and dignity of &tclt6 " After the counsel for the defense had closed, the Judge asked the solicitor "What do you gentlemen say to tMs?. "We pharge the proper venue. Much discusion followed on both sides. The judge ruling that this is the prop er venue. The solicitor contending that THE HICKORY DEMOCRAT .. . :A '• AND PRESS "" ' Hands Off! under the laws of the state the ad joining county has the same jurisdic tion over the case as the courts in the county where it originated. Jerome, in the face of the events, made the mo tion that the judge quash the whole panel. Farther reading the affidavit lof Zeke Lewis who entered the plea that he could not get justice in this county in that of the 18 men called to sit on the grand jury, none but whom had paid taxes, and not one of whom , had a case pending trial at this court; ' that of this number two were relieved by His Honor because they had decid ed for the acquittal of the denfendants, yet had spoken to no one, except Of the two one had mentioned the fact to his family only. Yet another man who was retained to serve said he had form ed an opinion. Stack followed for the defense; ask ed that this case be sent to Anson because the judge in his charge to the grand jury had used expressions which make it impossible for these men to return anything but a true bill for murder in the first degree. From the' manner and - speech of the judge it: would be impossible to get a fair trial in Union county. The motion was denied. Mr. Caudle of Wadesboro made a; plea for removal to Anson on differ-, ent basis. There are many men here) with mortgages on their crops that they might attend as witnesses in this case. Others are here whose crops are in the grass. The cost to Anson county will be from $20,000 to $25,000., And the whole citizenship of the com-[ munity of Morven where the crime was committed is away, leaving of the 400 men inhabitants only two men there. An epidemic of measles is, there. Women and children left with little protection. McLendon following' argued that the defense had prepared | to try these cases all in one. And! to try It otherwise would be unjust toj their clients, as no notice had been! served them of a change in proceed- j ings since it was ruled in the prelim- I inary hearing by Judge Neal that one covered all in the case. Solicitor Rob inson denied that notice had not been served. He bad given Mr. Caudle no tice of indictment, and he is defen dant's lawyer. Judge replied it would be a hraship upon the state to allow j all to be tried under one indictment, thus giving the defense 84 challenges to the State's two. The unfairness to each individual .was shown by the So licitor if the cases were tried togeth er. It would be impossible for a jury to hold all evidence in such a case in mind. If it is a hardship upon these men it was brought upon them by themselves, and it was not himself who had caused this inconvenience. It is alleged that it would take one week on each case, and there are twen ty-one to be tried. Jerome enters the plea that "It does not make any difference whether this case comes under the act or not; it is unconstitutional. Judge answers that he is not prepar ed to answer as to whether it is un constitutional, that was for other au thorities. COALITION Of REPUBLICS. An Alleged Coalition of the Central American Republics Against Guat emala is Reported. New Orleans, La., July 17.— An al leged coalition of the Central Ameri can Republics against Guatemala reported in a special despatch from Mexico City. The dispatch, which quotes a friend of Gen. Barillas as authority, says: "Some time last March Salvador, Honduras and Nicaragua entered into an offensive and defensive coal ition against Guatemala, agreeing that the moment there was infringe ment by Guatemala of territorial lights "of either of the three confed erates the declaration of war against Guatemala should follow." TWO BURNED TO DEATH. jn Fire at Hotel Park Two Were Burned to Death. Pittsburg, Pa., July 17 ~* J^ e ? Conway, a city employe and Neal Conners, bartender, were burned to e'eath in the fire at Hotel Park. Sev eral were overcome I>y smoke but were rescued by the. firemen. Used Explosive Bullets. .. San Salvador, Monday, July 17. The belligerents agreed upon tire armistice claiming that Guatemalans during the recent fighting used^ ex plosive bullets, notwithstanding Gua temala signed the Geneva convention. A SURPRISE SPRUNG. Cleveland Grand Jury Will at Once Consider Evidence. Cleveland, 0., July 17. —The gov ernment sprung a surprise in the grand jury investigation of the rela tions of the Lake Shore and Michi gan Southern Railway Co. and Stan dard Oil Co., shortly before noon. At that time the session of the jury was adjourned to 3 o'clock and all the witnesses who were to appear were excused, permanently. This ac tion was taken to mean that the in vestigation is ended, and that the grand jury will at once begin the con sideration of the testimony sub mitted. Join Against Standard. The federal officials practically ad mitted there will be no further at tempt to indict officials or employes of the Lake Shore road and that every effort will be directed against the Stan dard Oil Co. STATESVILLE ASKS FOR MOVE OF OFFICE The Mayor and Other Represent ative Citizens are in Wash ington in Order to Have Col lector's Office Moved from Ashe ville to Statesville Washington, July 17. —The Mayor and other representative citizens of Statesville, N. C. were given a hearing by Secretary Shaw and Assistant Sec retary Edwards of the Treasury, on the question of the removal of the office of Collector of Internal Revenue from Ashevllle to Statesville. Mr. Brown, the newly appointed collector, is a resident of Statesville and has recommended the removal. The Department will send an agent to North Carolina to make an investi gation and a decision is likely to be reached soon after the return of Com missioner Yerkes from Europe, which will be in about six weeks. WILMINGTON'S NEW HOTEL. • _____ Will Be Called the Monticello and Work will Begin Soon —News Notes. Wilmington, July 17—The subject of a hew hotel for Wilmington has been agitating the minds of the buslnegs men here for some time. Thihgs have now taken definite shape, how ever, and in all probability work on the large and modern Monticello, which will be the' name of the hotel, Will commence before many months. Many of our well known business men and capitalists are back of the move ment and there is hardly any doubt in any ones mind that It will not be built. If there is anything more than another that this city needs It is ad ditional fcotel facilities. A Bible Class was organ ised yesterday afternoon at the First Baptist Sunday school. The British Steamer "Putney Bridge" which has been loading with cotton at the Champion Compress cleared Friday for European ports. Mrs. Ed. Woody, of New York City, who was formerly a resident of this city sang yesterday at both the morn ing and evening services of the First Baptist church. The Traveling Auditors of the At lantic Coast Line are today holding their regular monthly meeting in this city. All of the auditors are in at tendance. The Philathea and Baraca classes of the Second Advent Curch will hold a joint rally next Friday night kt which time two prominent speakers will Ad dress the classe§. Miss Bertha Pinner of Southport, N- C., is visiting the family of Mr. James Wilson on Princess street. IS IT ED.* DAVIS? Negro Captured at Jfrcksboro Said to v Be Salisbury ft4urder«r. Salisbury, July 17—Sheriff Julian to day received a telegram from Jacks l>oro, Tenn., stating that a man filling the description of Ed- Davis, the mur derer of Conductor Wiggins, had been captured there and r.sks Sheriff Julian what disposition to make of him. SherifT Julian Wired the Tennessee officer that if the negro captured was the right man Rowan county would pay a reward of $550. It is probable.that the negro will be brought to Salisbury for identification. HICKORY, N. 0., THURSDAY JULY 19, 1906. A GREAT NUMBER COMMITTED DAILY •-» •!».:.*; « : - •*- * • iA* To-day's Budget of Revolution ary outragesand Agrarian Dis ~ orders is Much Larger than * vjr • Usual. Peasants Invade Crown Estates and Private Forests. From Different Parts of the Em pire Come Numerous Reports o Murder aiid Outrage. Alarm Over Strike of St. Petersburg Police. St. Petersburg. July 17.—The daily budget of revolutionary outrages and Agrarians disorders are larger than usual, In many places the peasants are wantonly applying to the rich estates belonging to the crown and private for ests. At Natshatkino in Simbrik province, the town hall was set on fire yesterday and the entire village of 300 houses was consumed. Throughout Poland systematic pillaging of • Government spirit shops is in progress. The cen tral' police office at Warsaw was rob bed and the gei darme killed. At Lubkin Russian Poland revolu- I tionists executeu a workman suspected [of being a spy, and at Nizhni Novgorod and Vansnoky-Coshier of spirit monop- I oly and killed. The bank at Sosyltsa was robbed and at Tiflis a locomotive engineer was shot in bis cab by' an assassin concealed in the neighborhood. Workmen at Rostoff killed an alleg-: ed government provocator. At Pilia gorsk a tartar woman who was bap tized in the ortbordox church was mur dered and at "Yaroskav bombs were exploded at the residences of the chief of police and the officer of Gendar merie. Considerable alarm is caused by the strike of the St. Petersburgi police. THE THAW CASE. Writ of Prohibition Secured Restrain-, ing District Attorney form Evidence as to Death of White. New York, July 17. —One of Thaws counsel appeared before Justice Blanchard in the Supreme Court and secured a writ of prohibition, restrain ing the District Attorney and Grand Jury from taking any evidence as to the lulling of "Stanford White. The writ, which is temporary, also re strains the District Attorney and Grand Jury frdn issuing any suboe nas in connection with the matter of the killing of White. Justice Blanchard also issued an or der directing the District Attorney and Grand Jury to show cause tomor row why they should not be absolute ly restrained from any further proceed ings in the matter of the killing of White, and against Harry K. Thaw. Cause for the Writ. The allegations on which the re straining writ was issued alleges that as Thaw had been indicted by the grand jury it Is illegal for the district attorney to issue grand jury subpoe nas and to obtain further evidence for the prosecution through witnesses who appear at the district atorney's office in answer to subpoenas. EN ROUTE TO WASHINGTON. Gourdain, the Chicago Broker, Tele graphs for a Stenographer. Washington, July 17. —Louis A Gour dain, the Chicago broker, under sen tence for conducting a lottery, and who is resisting the efforts of his attorney and friends to keep him out of the Joliet penitentiary, telegraphed the clerk of the Supreme Court asking him to have the best court stenogra pher in Washington to meet him at his hotel here this evening. Upon leaving Chicago Gourdain announced that he i*tended to apply to the Su preme Court to order his incarceration in the penitentiary. Loss by Fire $23,000. Norfolk, July 17. —The warehouse of the Franklin Peanut Co., of Frank lin, Va., was burned last night. The loss is $23,000. FMFAMpiIIfF The Emperor Approved Bill Ap propriating $7,500,000 for Famine Relief. This Law is First Enactment of Russian Par liament During two Months. St. Petersburg, July 17. —The Em peror approved the bill of the Lower House Parliament, which was opened by the Upper House, appropriating $7,- 500,000 for famine relief, thus support ing the contention of both houses of Parliament against his own ministers. This law is the first enactment of the Russian parliament and repre sents the legal result of a session of over two months. In the Role of Peace Maker Again. SOCIALISTS MEET General Congress of Socialist Inter parliamentary Committees Opened. London, July 17. —The general con gress of Socialists inter-parliamentary committees opened under the presi dency of James Keir Hardie, the Socialist member of Parliament and chairman of the independent labor party, » The first action of the congress was to expel the newspaper men present, the foreign delegates, fearing that de tailed reports of the proceedings would bring them unpleasantly to the notice of their governments. The attendance is not large. The European continent is represented by 25 delegates, includ ing a member of the Russian Parlia ment Several women delegates are pres ent. The general purpose seems to be Ito attempt to unify the action of socialists in the various Parliaments. 25100 ELKS ARE IN AHENOANCE Already 25,000 Elks ana Ladies Accompanying Them have Reg istered for Great Re-union and More are Coming in on Every Train. Denver, July 17. —Twenty-five thous and Elks and ladies accompanying them in attendance at the twelfth an nual reunion have registered at the lo cal headquarters and others are still coming. The weather is superb. A reception to the visiting Elks and families will be held in the park and in the Elks' rooms at St. Anthony's Hospital. The band contest, a feature of Elks' reunions, began and will continue to morrow. The grand lodge held its first busi ness session to-day, a revision of the constitution being one of the most important matters to come before the convention. Ban on Negro Elks. By the reception of the proposed new constitution three forms of government will be established; Executive, Judicial, and Legislative. This will put all executive power in the hands of the Grand Exalted Ruler, while the Judicial duties, such as arbitration of'all questions pertaining to the order, will be placed in the hands of the board of governors or a similar body. The Legislative power will devolve upon the delegates in the convention. A new ritual has also }>een prepared which is said to be far superior to the old one. Henry J. Darwood, a member of the Philadelphia delegation, will introduce a resolution condemning the use of the Elks badge by the negro organization of Elks, and recommending the adop tion of an official emblem. The entire negro question will be thoroughly gone over and it is expected steps will be taken to attempt to prevent the colored organization from using the Elk head. DEATH OF MRS. L. J. MANNING. Was Wife of the Late Judge John Manning—Died at Home in Chapel Hill. Durham, July 17. —Mrs. L. J. Man ning, wife of the late Judge John Man ning, died this morning at her home in Chapel Hill. She has been in feeble health for some time and her death did not come unexpectedly, she be ing 71 years of age. There are seven children. They are: Dr. J. T. Manning and J. S. Manning, of Durham, Mrs. Dr. Venable, Dr. I. H. Manning and Miss Mary Manning, of Chapel Hill, Mrs. Webb# of Bellbuckle, Tenn., and Mrs.. W. W. Huske, of Fayetteville. The remains were carried to Pittsboro ftfr inter ment. Suits Against Two Companies. St Louis. Juiy 17.—After an investi gation of three weeks, Circuit Attorney yager filed suits for the collection of fines and the annulment of charters against the Polar Wave Ice and Fuel Co., and. the Merchants Ice and Coal Co., on the allegations that these companies are in an alleged combina tion to restrain trade and to fix and maintain the price of ice. . THE TELEPHONE CASE. Corporation Commission Hear Case „ Against Southern BelU Raleigh, N. C., July 17—The North Carolina Corporation Commission de voted several hours today to the hear ing of testimony and argument in the matter of the complaint filed by Secre tayr of State J. Bryan Grimes against the Southern Bell Telephone Co. in which he demands that the maximum charges for telephone service in this state be fixed at five cents per minute for the first five minutes and two and one half cents per minute for time in excess of five minutes for long distance toll service and $1.50 per month for residence and $2.00 per month for busi ness stations in local exchange service He charged that he had been charged $1.75 for a seven minutes talk to Grimesland and an equally high rate to Washington, N. C., charges that he insisted are unreasonably high. The hearing today was given over I almost entirely to evidence and argu ment on the part of officials and at torney for the Southern Bell in defense of the present rates. Col. Grimes was present but took no active part in the , hearing, reljing on the complaint that lie had previously filed in deti il with t«« commission. The officials made statements in defence of the present rates of charges made by the Bell the gist of the de fense to the Grimes complaint being that the present toll and station charg es are as low as it consistent with good business, that to reduce them lower would be to confiscate their property in violation of the constitution of the United States that the company owns only part of the line to Washington and Grimesland and the rate therefore is not under their control. And that jCol. Grimes is not and has never asked to be a subscriber to the Bell and there fore has no ground or right to file the complaint that he has. The company claims too that theirs is largely an in terstate business, the commission hav ing no jurisdiction over such and that much of the long distance toll business iu the State is partly over lines not owned by the Southern Bell, that the Bell Co. has only traffic arrangements with such connection lines and acts purely as an agent for these companies in collecting their part of the toll charges, the rate being fixed by such owning companies. It is a notable fact in this connec tion that the corporation commission in their last annual report to Governor Glenn declared that the authority given the commission over telephone companies and the regulation of their rates is very meager and that addition al legislation by the legislature was necessary before the commission could accomplish much in this direction. _ \ Case of Trust Company. Special to The News. Raleigh, July 17. —Judge Purnell of the Federal court today heard argu ment in the case of Schenectady Trust Co. vs T;he Cape Fear Power Co., of Fayetteville and made an order making permanent the receivership of Chas. H. Belvln and E. Howell. Counsel for the Power Co and Gray and Morgan, the largest stockholders, represented to the court that over $400,000 had been expended on the plant, the dam is complete the tell lines up and the ma chinery on hand ready for installation so that the receivers if continued should be directed by the court to com plete tHe plant which is to furnish electric power for the operation of the 1 big Fayetteville cotton mills and other' enterprises and that to have a receiv-! would mean that it would be sacrificed at fifty cents on the dollar or less. In fact they charge that the whole pro ceeding against the company was an effort on the part of the Electric Bond and Share Co.. which holds some of the bonds of the Power Co. to get possession of the plant for a song. Judge Purnell made no order as to the completion of the plant before sale but intimated that he would take the matter under advisement and probab ly have receivers certificates issued for this purpose. The counsel in the case were H. A. Forshee and ex-Judge Womack for the Power Co., and Gray and Morgan and Shepherd and Shepherd for the Schenectady Trust Co. Sad Outlook. Fort Worth Record. ' "An,ji," continued" the seeress, "you are going to be disappointed in love." "Then my sweetheart is going to jilt me!" "No, she is -going to marry you. Two dollars, please." I ; —'■ * 1 THE BEST JOB PRINTING OF ; I ALL. KINDS AT THIS OFFICE. 5 SHORTAGE OF MI $33,000 REPORTED 111 TREASURY DEP'T, An Investigation of the Accounts of the Late G. A. Bartlett, Dis bursing Officer of the Treasury Department Shows a Shortage of $33,000, About $14,000 was Paid out OP Fraudulent Vouchers Presented by Jos. W. Boyd. Boyd is in Jail. Bartlett's Shortage is Covered by Bond. Washington, D. C., July 17.—1t is stated at the Treasury Department that the investigation of the accoumts of the late Major George A. Bartlett, disbursing officer of the Treasury Department shows a shortage ap proximating $33,000. About $14,000 are said to have been iunocently paid out on fraudulent vouchers, presented by James W. Boyd, clerk in the Marine Hospital Service, who in September last was arrested and is now in jail pending trial for misappropriating govern ment funds. Although Bartlett was technically responsible for the payments on Boyd's fraudulent vouchers, the short age in his own office will probably not exceed $19,000. The treasury officials have no means of knowing how long the shortage has been standing, but are inclined to the opinion that comparatively small amounts have been taken from time to time, during the several years. Bartlett was taken ill, and died while his office was being investi gated. 'His shortage was fully cov ered by a bond of the surety com pany, which had been notified of the defalcation, and the demand made for re-imbursement. DEATH OF MR. HUGHES. Marriage of Prominent Young Couple Col. Olds "Sunshiners." Beaufort, July 17. —Mr. Hughes, a furniture dekler, who came here from Plymouth a few days ago died sudden ly at his residence on Front street at 12 o'clock Sunday night. Heart trouble, complicated with Bright's disease is thought to have been the cause of his death. He had retired in his usual health. Being awakened by the slam ming of a door, which he had neglected to close, he had attempted to arise and shut it but fell back dead. Mr. Dowdy, who is employed in Tur ner's furniture store at New Bern, came down yesterday to be united in marriage to Miss Lorene Willis of this city. The ceremony yas performed at 3 o'clock at the residence of the bride's parents on Orange street, Rev. T. P. Noe of the Episcopal church offi ciating. The young couple are very popular here, and the best wishes of many friends will attend them. Rev. John J. Douglass, pastor of the Baptist Tabernacle, New Bern, who is spending his vacation here, preach ed at the Baptist church yesterday morning and last night. Rev. Dr. Sum dell of Wilson, preached at the M. E. church last evening. Large congre gations were present at both churches. Col. Fred. A. Olds, of Raleigh, arriv ed here today with 100 "Sunshiners" from Raleigh. They will stop in Beau fort, where comfortable arrangements have been made for their entertain ment. They will be given a thorough outing, boats being chartered for a week. Col. Olds is assisted in this com mendable "labor of love" by Mr. and Mrs. John E. Ray of Raleigh, who ar rived here last week. Fine catches of blue fish and Spanish mackerel are being made by parties from Beaufort and Morehead. A party, of which your correspon dent was a member, caught 25 blue fish in about 2 hours trolling one day last week. Trollers are making good catches every day. Eastern Republicans are still rejoic-. ing over the defeat of Spencer Black burn. This is Carl Duncan's home, and the anti-Blackburn sentiment is exceedingly strong here. THE DATE CHANGED. Negroes Tried With Lyerly Murder Will Be Tried August 6. Salisbury, July 17.—The special term of the Rowan cAjnty Superior court will be held on Monday August 6th for the trial of the five negroes who are charged wit% them urder of the Lyerly family. • The board of county commisioners of Rowan held a special meeting today and drew 36 jurors, 12 of which will sit on the case. There is only one of the 36 from the immediate section where the crime was committed. The greater portion of the number are from Salisbury and southern Rowan. The order for this special term of court was received by Sheriff Julian thjs morning from Governor Glenn, who it at Atlantic City. It was thought that the special term would be held July 30 but under the law this date was impracticable. Dr. Pelligrini Dead. By Associated Press. Buenos Ayres, July 17. —Dr. Chas.| Pelligrini, former president of Argen tina, is dead. NO 38

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