Newspapers / The Smithfield Herald (Smithfield, … / June 3, 1904, edition 1 / Page 1
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f|t)t <?mitl)ficl& fUMk price one dollar per tear. "TRUE TO OURSELVES, OUR COUNTRY AND OUR GOD. sim.le copies live cents, VOL. 23. SMITHFIELD, N. C., FRIDAY, JUNE 3. 1004. NO. 13. EDITOR FINED S2.000. Air. Josephus Daniels is Ad judged Guilty of Con tempt. Refuses Payment of Fine and Ap peals to the LI. S. Supreme Court for Writ of habeas Corpus. Raleigh, N C., May .'$0 ? When the regular term of Federal Court convened here this morning. Judge I'urnell issued a rule against Josephus Daniels, of the! News and Observer, to appear at 10 o'clock to-morrow. anil answer for a contempt, which the Judge conceives to have been committed In ed torial and re portorial references in Sunday's issue of the News and Observer as to the appointment of Thomas D. Meares, receiver for the Arlan tic & North Carolina Railroad. rule sets out that the atten tion of the court has been called to certain editorials and squibs I in the News and Observer, of May 2!)th, calculated and intend ed to bring the court into eon- j tempt and destroy theconfldence of the people in its decrees, judg ments, etc.. thereby destroying its usefulness, this being in con tempt of the courts of the United States. Then then follows this: "The President of the United States to Josephus Daniels " i on are nerepy eireu ana uu monished to appear before the Circuit Court of the I uited States within and for the Eastern Dis trict of North Carolina, nov. sit ting. on the .'Hat day of May. 1904. at 10 o'clock A. M. and show cause if any vou may have, why you should not be attached for contempt of court in writing and publishing an article on the editorial page of the News and Observer May 29th, and for a series of issues of said newspaper theretofore published." Judge Rurnell made a supple-' memory order in the A A N. C. receivership matter this after noon. appointing Captain V. E. McBee co-receiver with Thomas I). Meares. He tiles a bond simi lar to that given by .Meares, the amount of the joint bond being $50,000. Meares and Me Bee leave with the 1' S. Marshal to morrow morning for Newbern to take charge of the road.?Wil mington Star. Raleigh, N. C., May 31.?Two thousand dollars fine and cost was the penalty imposed upon Editor Josepbus Daniels, of the News and Observer, when Mr Daniels was adjudged guilty of contempt upon a hearing in the Federal Court here this morning upon a writ served Monday be cause of editorial uterances in defendant's paper Sunday morn ing with reference to the A. A X. C. receivership. The hearing was the sensation of the year in Ral eigh and the court room was crowded when the case was called at 10 o'clock. Mr. Daniels will remain in custody of the Cnited States marshal until the tine is paid or there are developments imon a petition to the Cnited States Supreme Court at Wash ington for a writ of habeas corpus, Judge Furnell holding that there can be no appeal and that he has no right to name any bond. Mr. Daniels came into court promptly at the hour named with his counsel, Mr. Charles M. Busbee, Mr. R. T. Gray, Judge T. B. Womack, Mr. J. 5i. Hold ing. Mr. W. L. Watson, of Ral eigh; Judge R. VV. Winston, of Durham; and Hon. F. A. Wood ard, of Wilson. Mr. Daniels' counsel first asked for a con tinuance of three days, but J udge Furnell refused any motion to tne effect. He said in sub stance that the remarks of Mr. Daniels in Sunday's Observer consisted the strongest sort of intimation that he, J udge Fur nell, has been guilty of malfeas ance in office and was conspiring to take an unjust advantage of the State in the A. & N. C. It. R. receivership matter, which re marks if allowed to pass un noticed would bring theiudiciary into contempt and subvert the purspose for which it was in tended and the respect to which it is entitled. He said further more that Mr. Daniels must purge himself of the charge of contempt at once. He wa$ al-) lowed until noon to tile a Com plete answer. Mr. Daniels' answer to the judge's rule was in effect that he was an editor; that i he conceived it his duty to dis cuss matters freely; that in ex-1' pressing disapprobation of Mc Ree's appointment as receiver, j i he intended no contempt. Hej; denies that act was in the presence of the court or calcula ted to obstruct the administra- , tion of justice; that the consti- , tution says the liberty of the press cannot be abridged; that , has no jurisdiction since the . statue of 1831. Judge R. W. , Winston, of Durham, argued for j Mr. D iniels, denying the court's , jurisdiction, and saving there ] had been no such case in seventy , years, since Congress took this | power from the court. Judge l'urnell, in imposing the . sentence under Section 725, , Revised Statues, said he believed , in a free press and a free court; , that the answer of the respon- , dent that no connempt was in- j tended is contradicted bv his j, editorials of to-day and his . publication that six hundred j armed men are ready to march on Raleigh from Duplin county.)' The court had no personal ill will to Mr. Daniel; they are mem-1( bers of the same secret order, \ ( but the courts uiust be protected. . ?Wilmington Star. Raleigh. X. C.l June 1 ?This morning Mr. R. T. Gray left for 1 Washington where he will join i1 Mr. .James Ii. l'ou and ask a writ of habeas corpus of Chief .1 ustice Fuller for Editor Josephus11 Daniels of the New s and Observer, and Democratic National Com- 1 rnitteemau, who is now incustody of the United States Marshal for ' refusing to pay a fine of #2,0001' imposed by Judge Puruell, who I to-day found the editor guilty of 1 contempt in certain editorials I published concerning the appoint ment of receivers of the Atlantic I and North Carolina, railroad. 1 Editor Daniels is not in jail, ' the marshal having .hitn at the I hotel. Mr. Daniels says he will ? rot in jail before he will pay a | penny, and declares that he is ' standing for the freedom of the presH and a principle. Over a i hundred thousand dollars have 1 been offered to him if he desires i to pay, and hundreds of letters ? and telegrams of sympathy have i b^n sencbitn. jl Mr Daniels to-night issued an' address to the people defining his position and declaring that i he would not retract one word of j < criticism he had said. , i If a Judge's name begins with ' I' let him alone. Postmaster Massey Dead. j Last Saturday morning at J 7:35 Mr. John D. Massey, Post- , master at Smithfield for the past j seven years, died after an illness , of about two weeks, of heart , trouble and a complication of ] diseases. Mr. Massey was 03 , years of age. 'PL. . r 1 i. l_ _i_ . i _ . 1 i ne luuerui cook piace ouuuay afternoon at 3:30 o'clock anil was conducted by Rev. N. E. i Coltrane. Mr. Massey was ap pointed Postmaster here soon after the inauguration of Presi dent McKinley and has made a capable and obliging officer. Peace to his ashes. Startling: Evidence. Fresh testimony in irreatquan tity is consistently coming in, declaring Dr. King's New Dis covery for Consumption Coughs and Colds to be unequaled. A recent expression from T. J. Mc Farland, Bentorville, Va. serves as example. He writes: "1 had Bronchitis for three years and doctored all the time without being benefited. Then I began taking Dr. King's New Discovery, and a few bottles wholly cured me." Equally effective in curing all Lung and Throat troubles, Consumption, Pneumonia and Grip. Guaranteed by Hood Bros., Druggists. Trial bottle free, regular sizes 50c. and If 1,00. THREE ORDERED TO JAIL Judge Peebles Signs Order for Another Judge to Hear Con tempt Case Against Robe son Bar The folio wing account of the contempt proceedings at Lum berton is taken from the dis patches published in the Wil miugton Star. Lumberton, N. C , May 27 ? According to adjournment yester day, court met today at U o'clock. Judge Peebles had taken most of the afternoon previous considering respondents' answer to his proposition to remove to another judge. This morning he read a long modified state ment that he is willing to re move without requiring respon dents' to waive exceptions be iore Supreme Court?they to make no point of jurisdiction and the evidence to be closed witn the affidavits now filed, lb said he could trace almost all the affidavits to the influence of those who had justly suffered at his hands and went into lengthy details to show this. In one place he said he had made an inefficient clerk mad, in another a negligent sheriff, in another a trickster lawyer, and so on. When the statement was finish id a recess was given for respon dents and counsel to confer. The proceeding is tedious. So much learning is displayed that every move reunites au intermission before the counter move. Solici tor Walter 10. Daniels and J. M Beaty are here to testify viva voce, Daniels having refused to make affidavit. gg i Solicitor Daniels prosecuted he If ay wood case before Judge Peebles in Kaleigh and during nis examination and cross ex uniuation the Judge laughed Heartily at some of Daniels ans wers as to his Honor's alleged partiality iu the Haywood case. The case was reviewed from be ginning to end. The respou Jeuts objected to various ques tions of His Houoronthegrouud that they were not pertinent j ludge Peebles persisted. It is j probable that Judge Brown will try the case. Judge Peebles tiled a great mass ot' affidavits, some 200, on the points of his integrity, char acter, sobriety and judicial course and that he was not in toxicated at any court specified by respondents. Luinberton, X. C., May 2N ? An astounding culmination to a I dot uninteresting day iu the ?on tempt proceedings of the Dumbarton bar here came this afternoon when Judge Peebles stated that he would transfer the case of the bar to another udge but would himself deal with the affiants. But since only our had sworn to things of their iwu knowledge, he said he would tow deal witn them, postponing the attachment of others. Hay- ? eg no substantiating evidence to ?ebut Sheriff McLeod's aftidavit ibout seeing whiskey iu Judge Peebles' room at Fayetteville, ie said be would postpone action u his case, but he proceeded to ieutence E. W. Kerr, Esq., of Jlintou, C. F. Carroll, of Wil niugtou, and It. C. Southerlaud, jf Clinton, to jail for 110 davs ?ith fines of #200 because of iirect contempt in presenting ;heir affidavits in open court, ibout irrelevant matters. Instantly Mr. C. W. Tillett, j :ounsel for the attorneys, was m his feet and vigorously ad Iressed the court in words to ;he following effect: "Sir, you ?ecall that we insisted on your itating the issues before we tiled itfidavits; you refused, but final y said that the charge of drunk-1 muess had been made an issue, md that if we had any affidavits >n that point you wanted them." The court didn't remember and J ?efuse to change the order. "Your Honor," said Mr. Til ett, "if you rely on your mem-1 >ry, as to that matter we will >verwhelra you. We can secure ;wo hundeed affidavits that you laid it, and we did not tile an iffidavit as to drunkenness till rou said it, nor would we." Mr. Busbee spoke to a siwular im port. All the counsel, in fact, did so and sometimes at one time, while a score were ready to swear to the allegation. Finally, in face of his avowal to the con trary the Judge amended the order. Sheriff McLeod told the Judge that if what the Judge sold was in his affidavit, he would go to jail, voluntarily for thirty days. The J udge made no reply and the order was amended. Finally the order transferring to -Judge brown or another judge was signed. The day opened with the tiling of numerous affidavits by the Clerk Humphrey and Deputy Skipper, of Robeson, were exam ined as to the bar meeting. Their examination was objected to by the respondents, and the point was left to Judge Brown later. The witnesses related' in part what took place when the Robe sou bar met, in March to fix the calendar. It appeared that the lawyers intended to make a cal endar. but after talking infor mally R. C.Lawrence moved not to set the calendar, and N. A. McLeau seconded it. The wit ness heard the lawyers mention something about reports of dis courtesy, unfairness, the conduct of the Haywood trial and some other matters. On the question as to the date of presenting the affidavits to ground the case of direct con tempt on the filing of the affida vits, the court ruled they were filed in open court. There were objections and exceptions by respondents. There is much feeling in Lum- j berton over this latest turn in the ease and the respondents and their counsel are preparing to secure a writ of habeas corpus. They announce that they will stand by Maj. Kerr, Southerland and Carroll to the last. Neither of them are here, the two first named being at their homes in Clinton and Mr. Carroll, who is mail agent between Wilmington and Norfolk, being at his home in Warsaw. A Double-header. * On last Friday the Smithfleld I team defeated the Clayton base ball team in a pretty game of ball, the score being 10-4. The swift balls of Grantham's could not be found by the Clayton boys and ten fanned the air. Several balls batted by the home team found a resting place only when they were safe over the fence in center Held. Battery?Srnithtteld: Gran tham and Kose?Clayton?Young and Richardson. SELMA VS. SMITH FIELD. Selma with nine stalwart base-j ball veterans drove over Tues day afternoon and played the Smithfleld team. This was the fastest aud pret tiest game of the year aud in fact the best game it has been our pleasure to witness on the home diamond. Selma scored one run in the first inning and then they failed to cross tii: heme plate again in the whole game of nine innings, m 11 i 1 / k Sk m 11 S rsnl f ] ntmaarxl "line UUHUU^CIU Ll WCCCVJ UUUir plate three timns during 8 in nings. Noble for Selraa did good work in the box striking out nine men, while Noble, R. did fine work behind the bat. Murray, Smithfield's crack pitcher with steady hand and a true eve for the corner of the base meted out the fate of eigh teen men, striking out three in succession in the ninth inning. Battery Kmithtield?Murray and Rose. Selma?Noble, A. and Noble, R. Ra Poll .Tin. That Throbbing: Headache. Would quickly leave you, if you used Dr. King's New Life Pills. Thousands of sufferers have proved their matchless merit for Sick and Nervous Head aches. They make pure blood and build up your health. Only 25 cents, money back if not cured. Sold by Hood Bros.,| Druggists. Personal liberty is the right to act without interference within the limits of the law.?J. < >erter. | WHO WAS ON TRIAL. The Very Stones of ^Prison Would Refuse To Incarcerate the Men. To the Kditor: Dear Sir:?It was said of a re cent heresy triarthat took place in this country that it was not the heretic but the church that was actually on trial. In like manner, it seems to me, that the very uuusual proceed ing, now in progress at Lumber ton, constitutes a trial, not of the Robeson bar, nor of Judge Peebles, but of American institu tions and American civilization. From the early days of Jeffer son until now European states men have maintained that Gov ernment, in which the will of the people was the law of the laud, was quixotic and unable to en dure. Heretofore it has always been believed that men required a master?some one to say unto one, Go, and he goeth, and to another, dome, and he cometh? and from such commands there has been no appeaJ. The idea of absolute freedom and indepen dence in thought, and act if American born; its cost was the blood of countless thousands of men; it has made us the greatest nation on earth; and it is an idea for which millions of American citizens stand ready to lay down their lives. ii' i ?. i ? i ? < ? i - n e reau who inaigiiauon now Russia hurls innocent ncn and women into banishment for some pretended offense against a State official; how Cato made his little Senate laws and sat attentive to his own applause; how Jeroboam said to his people: "My father chastised you with whips, but 1 will chastise you v. ith scorpions:" but never before in the history of America has it been permitted to a, man to sit in judgment of men for an offense committed agaiust himself; never before have wit nesses been fined and imprisoned forgiving testimony, which for sooth, was offensive to the man on trial; and never before have the laws of North Carolina armed a man with the power to vent personal spite and vengeance on innocent men. Imagine an American visiting St. Petersburg, and while pass ing t hrough the street, being an uuwilling witness to a difficulty between an official and a private citizen. The citizen is at once dragged into court, the official himself is the judge and the American is called in and forced to testify and because his testi mony is not favorable to the cause of the official the American is sent to jail. Would not every true born son of America stand behind the peremptory and un conditioned order which would flash across the cable: "(live that man his liberty?" And yet are we to sit supiuely in our homes and permit just such bar barity as that to be committed in the name of the laws of our own Commonwealth, and raise no voice of protest? If this sentence is permitted to stand, then is our boasted free UULL1 U UI#ytU, UUI IclWM WftipUUB in the hands of tyrants and our courts places for the exercise of spite and spleen. But such a sentence cannot stand. It is so foreign to the spirit of liberty and justice which pervades the atmosphere of this country, that the very stones of the pri sons would refuse to incarcerate the men who have been the sub ject of such perfidy.?Benj. K. Hays, Oxford, N. C., in Tuesday's News and Observer. ?The Smithfield baseball team met an overwhelming defeat on the Clayton diamond Wednesday afternoon. The score was 17 to 2 in favor of Clayton. Driven To Desperation. Living at an out of the way place, remote from civilization, a family is often driven to despera tion in case of accident, resulting in Burns, Cuts, Wounds, I'lcers, etc. Lay in a supply of Buck len's Arnica Salve. It's theliest on earth. 25c. at Hood Bros.' Drug Store. I Maj. Charles M. Stedman. Maj. Stedman is too modest to speak of bis own service in the arm.v, but bis comrades in arms say there was no truer soldier. Col. John It. I.ane, surviving colonel of the famous Twenty sixth North Carolina Regie ent, {is out in the following letter ad vocating Maj. Stedman's candi dacy: "To the Editor: "When the chbnshed rights of 'the!>outh were trampled under i foot, and North Carolina called for her sons to take up arms and defend her. there came from a jChristain home in Cumberland county, a native sonofChatham, a beardless boy, strong, hand some, and true, who though highly educated at our State University was content to enter the ranks as a private, and when the smoke had cleared from the battlefield at Bethel, the country knew that North Caroliua and his native county had furnished a soldier destined to promotion for gallantry upon the field of battle. His name was Charles Mauley B ted man. God bless him. A truer and braver soldier never followed Lee and Jackson and what more can be said, for those that scaled the heights at Gettys burg know what a soldieris. "North Carolina is again call ing for her bravest, w isest and truest son to rule over her des tiny in peacej "We are proud of the young 1 manhood of the State, and have honored with delight the ambi tion of our sons who have as pired to be rulers. And well have we succeeded in promoting them. Two United States Senators, ten members of Congress, ell of the State administration save one, and nearly all of our Judges and solicitors are young men. "The State feels aud those who fought her battles in war feel, that it is but just and right to select as our next Governor one from among that class which is now fust passing away, never to return, one who bears upon his body the enduring scars of bat tle, and whose mind is clear and brilliant and whose heart is kind I and true, whose life is an open book, of devotion to State, fidel ? ity to friends and sacrifice tothp i Democratic party. Our minds all turn to one?his name is Steduian. 'The noblest Roman of them all.' "1 hope t.heyoungmenet North Carolina will joiu us who follow i ed Lee and name from among us 1 our choice us your choice. "This is the last opportunity the State will ever have of elect ing a Confederate soldier Gover nor, and we have in Major Sted irinu a man worthv of us all and if made Chief Magistrate, he will be an honor and an ornament to our State. John R. Lane Ore Hill, N. C., May 10,11)04, The Twenty-sixth Regiment hud three famous colonels, Zebu lon B. Vance, Harry Rurgwyn and Johu R. Lane. The last named commanded the regiment from the battle of Gettysburg, where he was desperately wound ed, till the close of the war.? Webster's Weekly. Worst ot All Experiences. Can anything be worse than to feel that everv minute will be .your last? Such was the expres sion of Mrs. S. H. Newson. De catur, Ala. "For threevears" she writes, "I endured insufferable pain from indigestion, stomach and bowel trouble. Deathseemed inevitable when doctors and all remedies failed. At length I was induced to try Electric Hitters and the result was miraculous. I improved at once and now 1 'm completely recovered." For I .iver. Kidney, Stomach and Bowel troubles Electric Bitters is the onlv medicine. Only oOc. It's guaranteed by Hood Aros., Drug gists. A Herman tinker named Lands berg found a purse containing ? lit) at Kostok. He took it to the police station, where its owner claimed it and gave Lands burg one shilling. The disap pointed finder shot himself, i'
The Smithfield Herald (Smithfield, N.C.)
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June 3, 1904, edition 1
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