-
' v - ' - , 1 ' - , t . , "v , ' ' "4 - .... ... .- i ' ' . ,
- t
The Weather
' Tlie News bfj Business is Car
ried in the 'Advertising Columns
of the Morning Star Read and
profit. '
Generally fair today ad Sunday ex
cept probable showers tn extreme west
portion. .-. ... 4
Stage of rlrer at Faye-rtevtlle yeater-
day
at S a. m. 2
'1
VOL. CVIIL No.U7.
WILMINGTON, N. C, SATURDAY MORNmG, SEPTEMBER 24, 1921.
OLDEST DAILY IN THE STATE.
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CHARACTER OF REM-;
I, MAYES ASSAILED IN
HARRIS MURDER CASE
- " -Kt'h:.
Askinsr for. Commuta-
III"--.' o . . 7
tion of Sentence, Say Mini-
ster Unworthy of Belief
HAVE HIS RECORD
He Was Chief Witness in Trial
of lan Who Killed Mon
nish at Ridgecrest
By Jl'LE H. WARREN,'
RALEIGH. Sept. . 23. Sensational
evidence impeachinpr the character of
tne Rev. Livingston T- .Mayes, .cotr.es
pnnding secretary of the southern Bap
tist convention, and manager of the as
sembly work at Ridgecrest, Buncombe
county, was developed arid- presented
tn Governor Morrison by Juije Frank
Carter, attorney, seeking a commuta
tion of the sentence -of J. T. Harris,
Ridpecrest merchant; "whd is Tinder
death sentence for klllinjf.W. M. Mon
nish. wealthy Eaptlst- philanthropist
and summer tourist, September 3, 1920.
The minister was the star witness m
the case against Harris, and according
to the contention of Judge Carter,
Locke Craisr and Judsre Thomas A.
Jones, attorneys for Harris, furnished
the evidence without which " they say
the jury would never have decided Har
ris was guilty of first degree murder.
The contention of the attorneys for
Harris is that, in the light of newly
discovered evidence about the star wit
ness, his evidence is not worthy of be
lief, and that without this evidence It
would have been impossible to have
convicted their Client.
The four points made by the witness
Mayes, which, were not corroborated by
any other witness, were as follows:
1. Mayes reached Monnish five min
utes after he was shoti and testified
that during: one conscious moment, he
whispered -in his ear -the ; one .word
"moonshine," tending to show that
Monnish died because . of his enmity
to the moonshiners.' to whom .it was
intimtaed that Harris was 'selling sup
plies. 2. That the shot fired at Monnish
ranged upwards, tendinar tp show that
Harris fired at him after he was. down,
and that thereiwere various sized bul
lets. . - ' "
3. That Harris - told the v preacher,
while on the traintrgcR"-t;LriAaheylUe.
to surrender that he- did not take a
drink of whiskey before he shot Mon
nish, "because he wanted t to be him
self for such an act," but that 'he did
take a little drink after he killed his
man, tending to show premeditation
and sanity.. - :...' ... - ' .
4. That Harris told him; (Mayes)
that he was going to depend on "Paul."
his son, Paul Harris, to furnish the evi
dence which would clear him. ' -
After the trial, Judge Carter said
that he unexpectedly ran across evi
dence which confirmed his belief that
Maves could not be relied on". In an
effort to get at the story of Mayes,
Judge Carter had gone to New York
and to look into the secret archives
of the department-of justice in Wash
ington; had gone to Thomasville, Geor
gia, where Mayes one time pastor, haa
secured affidavits from New Decatur,
Ala., where he had held another pas
torate: from Little Rock, where he had
lived a while, and from ' Ocean Grove,
ralif.. where a former personnel offi
cer of the war "T" who knew Mayes, Is
now livins.
From all of these sources v Judge
Carter had secured affidavits and let
ters which declared that the star wit
ness against Harris was utterly unre
liable. Prom Thomasville, Georgia;
where Mayes had been;.pastor of the
First Baptist church, came an affidavit
from a deacon of the church which de
clared that Mayes got out of Thomas
ville because of his improper attention
to the women members .bf his qwn.cen
cresration. This affidavit declared that
Mayes ought not to be believed on his
oath. ,v - '
From New Decatur, Alabama, where
Maves next held a pastorate. ' came let
ters telling of his seditious utterances
aeainst the government, his circulation
of letters saying Germany was Justified
in sinking the Lpsitania and In using
poison sas because France .used t first,
and of his general opposition to all war
work, and to everything which Presi
dent "Wilson did. . .' -
From the secret archives of the se
cret service in Washington " came evi
dence which Judse Carter was. not al
lowed to disclose,, .except, to. the .gov
ernor, but which he declarld related to
comniaints about.hU treasonable utterT
ances and obstructions of recruiting in
Decatur, and the .war. .department, also,
had some record of this man, for "when
hp was run out. of . New. Decatur." .acr
cording to Judre Carter Mayes tried to
join the war "T". . worker; and. was
kicked out at this service, because of
his seditious utterances - - and w-ork
among the soldiers at Camp Greene." :
Ocean Grove, California,- fornlshe- a
letter from J. H. KIrkpatrlck. former
personnel officer f or the -."T who made
an investigation of Mayes record dur
ns: the war," and' TolfAd that""he 'WAS
dismissed because of "defective charac
ter - and wn said' his Investigations
showed him that Mayes was ;a 'noto
rious liar," "disnoneVt' in money,: mat-t
ters," and "immoral? ; ftnd ; there were
also a host of affidavits f rom, Elddrado,
Arizona, where the nian. ha.d held.,a.pasrr
torate. which also told of his bad charr
act.pr and of the. trouWe. .'IWt .bad. wlt !
that confrrefiration before he resigned. ;
Mark Brown, attorney-for, the-prose 3
rution .of Harris commutation - case
spoke "in the- afteraoon .but.t.was- 4in
ah'e 'o overcome the onslaught against
the character of Dk- -Myes -made -by
J ud2re Carter. . H had affidavits .from.
Thomasville, Georgia, - saying that- -
rart of the opposition Vto -Mayes was
due to the iact that he "made'a': fight
Gainst tl.e dives while -there. Ec ! An-
rther letter f rom ; Eldorado." AHsopa,
Ftated that when he resigned as pastor
there a purse was made up-apd. a' res-.
Olutio . of appreciation' passe'd for. him.
Eut this testimony;. dil:cnot make
( Continued o T-- . stlx i
TRIBUTE TO ITS DEADlAPPROVAL OF FOREIGN
Armistice ay AU Amerida WillinF AT mFRnMHITTFF
Stand at Pause Two Minutes'
.
During Burial
WASHINGTON. Sept. 23 The nation
will stand at pause for two minutes on
Armistice day to pay honor to the un
known dead, of the great War. 1
A -wetafled felan or the ceremony at
Arlington national cemetery on that
day, when the body brought back from
France is to be buried, were made pub
lic -by the: war ndepattment today and
include a proclamation by President
Harding, calling for the , two-minute
halt at noon throughout the nation to
be devoted " to Sprayer ancL reverent
memories for the dead.
The body returned from France on
the cruiser Olympja will reach Wash
Jv8rtn atftr nightfall November 9, and
will lie in state in the capital building
until Armistice day morning, November
H- It will-then be escorted bva treat
.official, jn.ourni.ng . party f to Arlington
cemetery, the line of march being
guarded . throughout -its. length by
troops stationed along' the way. -. The
.mourning party, will incTude all living
holders of the congressional" medal of
honor who may desire to come, one war
veteran out of every .10,000 who served
from, each state in the great war; an
officer and an enlisted man from each
unit, of the army and- navy, . and rep
resentatives of the American Jegion
andVother' veterans organizations and
of . the various patriotic .societies.
From. American, military posts every
where hi the world minute guns of
mourning will sound from sunrise un
til after ., the burial ceremonies In
Washington have been completed. v
Plana, .for the ceremony were made
public by Major-General-Harbord, act
ing secretary of war and chief off staff,
today jln the absence of Secretary
Weeks and General Pershing: They
were drawn up under' General Har
bord s personal supervision and provide
with the detailed completeness of army
orders in the field for every phase of
the solemn ceremony with which the
nation will pay its tribute to the men
whose Identity as well as those whose
lives were lost on the battlefield of
France. . . ;
MEMBER OF POSSE SHOT
UNDER MISAPPREHENSION
Man He Halted Thought He Was
a;Set;
Fred Liyesay,: a""ybung drugglsVf this
clty was Instantly killed while iervtng
in a posse of almost a thousand officers
and citizens , searching for a ; negrc
named Meeklns, who this morning
killed Police Officer Robert DeKorte.
Milton Morgan, of Oyster Point, when
summoned by Livesay to halt, explain
ed later that 'he believed he had been
held MD and fired two' shots, one of
whdeh entered liivesay's mouth. In
the general shooting, which followed
Morgin. received a bullet wound in the
neck and after his surrender was
brought to a hospital here.
Tonight there are several parties of
several hundred men each beating the
brush around Torktown; Oyster Point
and Halsteads Point in search of Meek
lns. The -negro attacked Officer De
Korte with an ice pick about 8 o'clock
this mornting whe nthe policeman en
tered a house near the downtown sec
tion with a warrant for his arrest. Af
ter stunning the. officer he took his gun
away from him and shot the policeman
to death, escaplns before the alarm
could be spread.
WEATHER FORECAST BY STATES
WASHINGTON, Sept. 23. Virginia:
Fair Saturday; showers Saturday night
or Sunday; no change in temperature.
North Carolina: Generally fair
Saturday and Sunday except probably
showers in extreme west portion.
South Carolina., Georgia, Florida, ex
trma northwest Florida, Alabama and
Mississippi: Generally fair Saturday
and Sunday; no change in temperature.
Tennessee: . Unsettled with local
thundershowers Saturday; Sunday fair.
-Louisiana Saturday Generally fair;
Sunday" partly cloudy.
6 Arkansas, east Texas and west
Texas ;V. Saturday and Sunday partly
cloudy. 1 '
Oklahomi Saturday: Parly cloudy;
Sunday partly cloudy .somewhat un
settled. '
Winds: Hatteras to Key West: Mod
erate northeast and east winds and
generally fair weather Saturday.
Over east gulf of Mexico: Moderate
variable winds mostly .easterly and
generally fair weather Saturday.
Over west gulf of 'Mexico; ' Moder
ate 'easterly ;and showers over south
portion - Saturday. -:
' Sandy ' " Hook to Hatteras gentle
variable., winds . and fair; weather
Saturday;
Hatteras to . Florida Straits : Mod
erate' northeast and east, winds and
generally' fair weather Saturday.
HAVING HARD TIME GETTING
JtJR'f IN 3POPE MURDER CASE
'' JACKSONVILLE, Fla., Sept. 23. Although.-
a tentative Jury wasf several
times completed today , in the trial of
John. .H. . Ppje, , local attorney charged,
with murder only 11 men remained at
the. end of. the day, and these Were stin
subject to challenge. -ii-h,- i
. . J.n . the. .opinion - of opposing counsel
another panel of talesmen will have to
be-called before, as Jury is finally em
panelled. Twenty-eight -men out of
7 3 -retnain' to be examined. " The - state
exhausted threeibf Sts ten peremntory
challenges ' today - while onf- tentative
Juror was excused tor lunesa..-. j
The' charso against Pope grew cut of
the recent robbery of a;iocal theater
ind the .killins of itt jnanager., George
H. r Ht6kan ; yJrranK.,wj,..
nArniwmftiOOTTOII' AKD : --y
"Tr TOBACCO SELLING WELL
GOIiDSBORO, Sept. 23.Over -ISO.OOO;
Dounds of cotton was sold on the Goids
bSarket today at .20 and 21-cents."
the largest sale of the seasons Tobacco-
also sold well, as high as 186 a Aun,
, ' rt .. -.. ;.--., v' -'- M u -:- :-.:.-t
; V tfx t ' f J r- ' v
jitaaan 1 IWr WWIflllll I IhU
Senator
However, Ob-
- jects
tern and Will Re-
Ireconcilable,,
SNATE TODAY
Senator Lodge
Will Present
Them and Urge Right of
Way Until Ratification
'WASHINGTON, Sept. 23. The treaty
ies of peace negotiated by the admin
istration with Germany Austria and
Hungary were approved today by the
senate foreign relations committee but
with two reservations. '
.One reservation similar to a Lodge
reservation to the treaty of Versailles
would require an act of congress prior
to representation on or participation in
any foreign agencies or commissions by
an American representative whose
nomination would have to be confirmed
by' the senate. The other is designed
to protect the property rights of Ameri
can, citizens as well as of the American
government in the three former enemy
countries.
: Adoption of the two reservations
brought from the white house the
statement that while President Harding
had not seen their text, he favored the
principles involved and no objection
would be raised by the administration
to ratification with the proposed reser
vations attached. . j
Senator Borah,, Republican, Idaho, a
leader of the "irreconcllables" in the
treaty of Versailles ratification fight,
alone of the foreign relations committee
members stood ' out against the recom
mendation that the three treaties be
ratified with the proposed reservations.
Democratic committee members Joined
with the other Republicans in order
ing the pacts reported favor.ably to the
senate, where they were presented late
today by Senator Lodge of Massachu
setts, Republican leader and committee
chairman. -
The treaties. Senator Lodge an
nounced, are to be called before the
senate tomorrow, when he plans to
make a preferential motion for their
discussion ahead of all other business.
It Is proposed, howeer, "to give right of
way next week to the tax bill . and to
have night sessions beginning probably
next Tuesday, in an effort . to . hasten
fificatio.Lfi .'V-"... -r .-r- , - y-
today;developed that" the' administration
plans to begin withdrawal of American
troops from Germany immediately after
ratification. Senator- Lodge told the
committee he had been so - advised by
Secretary Hughes, adding that . the
American forces would be. greatly re
duced" after ratification, but .when com
plete evacuation would be accomplished
was undetermined. It was "indicated
during thw discussion that a small body
for American representation might re
main, indefinitely oiythe Rhine. ,
The committee's decision to report
the treaties brought a schism in the
ranks of the "irreconcllables" of the
Versailles treaty fight. Senator John
son, Republican, California, who was
associated prominently with Senator
Borah in opposition to the Versailles
treaty, today voted for ratification with
the reservations. . Another' "irreconcil
able," Senator Shields, Democrat, Ten
nessee, also ' supported the treaties to
day. Senator Borah indicated ' after the
committee meeting that he would con
tinue -his.f opposition to the new'treat
ies to the last -and wage his 'fight on
the senate floor. Senator Johnson,
however, was said to "feel" that with the
reservation relating to congressional
convention, sent to American member
ship on allied commissions, applicable
especially to the raparations commis
sion, ample safeguards against "en
tangling European alliances were pro
vided and the league of nations' and
other features of the Versailles treaty
of which he disapproved , finally re- i
jected. . .
Leaders of both parties tonight de
clared that ratification of the three
treaties was assured. The majority of
the Democrats as well as the Republi
cans -were expected to support " them.
Minority aptlon, however, was no final
ly determined, some Democrats await
ing the return next week of Senator
Hitchcock, of Nebraska, ranking min
ority member of the foreign relations
committee. A conference of the steer
ing committee and possibility of a min
ority caucus, wej-e said to, be possible.
Senator Lodge said the treaties would
be pressed vigorously. , He hopes to se
cure final action within ten days or
two weeks and certainly before the con
vening of the armament limitation con
ference, to which he is an American
delegate. The three treaties are to be
considered together but will be voted
on separately. The committee reser
vations apply to all three pacts, which
are virtually. Identical.
DOUBLE PUBLIC HANGING
IS WITNESSED BY 10,000
Crowd Makes -Up- $1,000 for
Men's Families
CRESTVIEW, Fla".,'. Sept. 23. A dou
ble execution took ; place here today
when ) Putnam', Ponsell and Jake Mar
tin paid the death "penalty for the mur
der of John Tuggle on July, 4 near this
place. The trap . was sprung atv2:10
and the men were pronounced dead in
eighteen :minutes.v .-, ,
. -A .crowd .estimated at 10,000 persshs
had - gathered to witness -.the hanging,
which was a public one. :
Both Ponsell ; and Martin admitted
theirl guilt! Just before the execution. :
.,VA collection was taken ?up ' in the
crowd : for- the bfineflt ofitfre wife, and
two Children of Ponsell . and the wife
and. one child Of Martin, who. are destir
tute, 'and more than $1,000 was contrib
uted., . , j ' ' ' v
'-, i V : V: . - ' 4 . JW
V ACKT ABEL 'BEST BOXER
MIAMI, , Fla Sept. 2 3. Jak e - Abel,
of Atlanta received the newspaper de
eisloni in hls . 10-round bout with Toung
.Wallace, of New Orleans. '
.'.v : . - - - : .
ft.
m. -
t T I v
J ir
HAVE RECOVERED- 500
Unable to Explain What Caused
Thousands of TpnsChemK .
cals (to Explode
Mayence, Sent- 23By the Associ
ated Press.) Mpreithan , 800 bodies
have been recovered from the vast
ruins of the Badische plant at Oppau
and It is considered .;certain that 300
persons still are missing. .Two thou
sand wounded, .400, of them seriously,
are scattered In temporary hospitals
for Smiles ;. around the,Vvecene of Wed
nesday's explosion. " ,.'.-:
There . is a military cordon around
Oppau keeping out the curious and
restraining relatives from carrying out
their -desire to search the ". ammonia
drenched wreckage for the bodies of
their missingr'-.-xrI "'V:f: ..,
-The 150 acre plant Iteand; a vast
area around it present a picture not
unlike that of a shell-torn battlefield.
Earth is mixed with pulverized con
crete and bits of metal, from, hundreds
of - shattered machines,-. '.Some, bodies
have been recovered; at a depth of" 20
feet. -
Engineers add little po 1 the explana
tions already made ,of the disaster.
There is said to have.been 4,000 ton's of
salts in two reservoirs cne oz them
causing the other to explode, .'and.' that
six great eras anks and other chemi
cals detonated, from " .the concussion.
The chief engineer . of the Badische
company 4s Quoted as" declaring him
self mystified-as it was believed the
salts could not explode... "All pur ef
forts to utilize them as explosives fail
ed," he said. . These salts are va
riously described as ammonia salts and
nitrate of soda. . , .. ,. .. -f
"All, the sentries 'Of cihe French mili
tary post In the. plant -are missing-and
it Is believed - the entfre post was ob
literated by the explosion. Roughly
estimated, the material damage exceeds
1,000,000,000 marks- - Store fronts .col-,
lapsed at Worms, about . 12 miles dis
tant, windows are smashed at Frank
fort while In Heidelberg damage esti
mated at 750,000 marks 5s reported, t 5
NEGRO SERVICE MEN TO
HAVE FEDERAL, HOSPITAL
Government; Will f Spend 1 One
Million Dollars i
i WASHINGTON, Sept1 . 23. Pecision
as toi.uieHocatlovtthe? sroi6sed aii-
9P?jv0 ibspltajfohe
of , negt -6tQl'&r$&?UiF metiCwIirer
deferred for another week, treasury of
ficials said tonight, , . p - .
A gvernmeiltinspectof f has " been
sent to Tuskeree, Alabama,, to make" a
study of the two sites offered the gov
ernment Tor establishing) the institution
there and actiion by the treasury will
await his report .. . . " ' -
Both the Tuskegee institution and
the city 'of Tuskesree have' offered the
government sites;for. the proposed hos
pital .and It..ha been practically de
cided to place .the Institution on . one
of the two because of; tlie centralvloca
tion with respect?! to the, center of negro
former service population.
Semnachr ' Describes Party
at Which Actress Was Hurt
AIl-Night Celebration Witbs Gin,
Orange ' Jiiicei Arbuckle Arrayed in Pajamas and v Bath
RobeTook Torn Garments of Miss Rappe to "Dust
Off His Car"-and to Show Miss Rappe Later
SAN FRANCISCO,
Sept.
23v The
preliminary hearing of - Roscoe Ar
buckle charged, with the. murder . of
Miss Virginia Rappe was resumed in
police court today. Alfred Seranacher
the first witness .went Into the already
known details of the party in- Ar
buckle's suite of rooms following
which Miss Rappe's deafft occurred.
Arbuckle appearing more; cheerful than
heretofore entered the courtroom" with
his wife and mother-in-law. - , ,
Semnacher, - reported to have told
the grand jury in Los Angeles of ad
missions he said Arbuckle had "made,
named Arbuckle, Fed Flshback, Lowell
Sherman, Ira Fbrtlouis, , Miss ;, Rappe,
Mrs. B. M. Delmont, Miss Zeh Prevost;
Alice Blake and ' Mrs. Mae Taubei; and
he thought one or two others; as be
ing present at the party. ' - Arbuckle
and Sherman were dressed in pajamas
afid bathrobe and slippers, Semnacher
said. The rest "' were in street attire
except Mrs. Delmont, he- continued.
All of the party, except Mrs.'! Del
mont, he said, were eating, while some
were, drinking ' liquor, which., he de-I
fined as orange Juice ""that could have.
contained gln or-anything else.. - a
Semnacher testified, that he - left the
room and on returning half s an hour
later ' found a JMlss Clark.; and a Miss
Campbell had ; joined ;the party. ;r; 4je
could not remember,'' he said, .any pne
having left; the suite., v ; . - i
During; this , testimony, Arbuckle
eyes moved, -slowly v from-; the witness
to -Isadore ' Golden, ? the assistant di-;
trict - attorney,' " who conducted . ,the
questioning, and .back, again-. A; ''V"
Semnacher explained his omission of
Mrs. .Taube's f-namf at the "inquest to
the . fact that: he did not know her
name until later - when- he saw a news-
paper ; picture of ArbuokleMeaning: out
of a hotel window in company ' with
Mrs. Taube.' and "others. ; '. .-
Unlike" Arbuckle's .first arrangnment.'
when unshaven -pMonday-: , morning
prisoners filled the -dock, wel; dress
ed ' women", -today.- - pressed theirs faces7
against the steel .'bar's to- get a- better1
view.and .hearing .of"thet.casel;. (J, -;
, ."The r. liquor von the . table "at -- the!
party, came out of bottles,"- Semnacher
testified Some of the ' iTlabels said'
"whiskey,, ' others glri, --'and ., mineral
water. and - sortie nnlabeled r contained
orange- Juice." v-:jri:
- The jeople" were?-walkings around; the'
room and Miss! Blake. and Miss. Preyost
danced. .together -and, .1 .believe-, Ar
buckJ and: Sherman dancd wiu th
SENATORS STAND FIRM
FOR SEARCH WARRANTS
UNDER THE DRY LAWS
"Search of Homes for Evidence
Worse Than, Spanish Inquisi
tion," Says Stanley '
BEER BILL HALTED
May Be Several .Weeks. Before
the Senate Gets Around '
to Its Consideration
WASHINGTON, Sept. '23. The' sen!
ate after a continuous session of near
ly eight hour, adjourned tonight with
the prospect that further considera
tion of the anti-beer bill would go
over for several weeks;
Opponents of sthe" measure, "in the
face of a night session forced by dry
leaders, were successful in their ob
structive tactics, Senator Sterling, Re
publican, 4 South Dakota, in charge of
the measure, finally moving an ad
journment. The opposition was led. by Senator
Stanley, Democrat, Kentucky, who . in
a speech of - six hours argued for the
maintenance of constitutional safe
guards by requiring warrants for
search and seizure under the prohibi
tion enforcement act.. Through a point
of order made by Senator Reed, Demo
crat, Missouri, the effort of dry lead
ers tovgaln a-Tecess for dinner was
defeated and after an Hour and a half
of futile attempts to muster the neces
sary majority in-?answer to qorum
calls, the proponents of the bill sur
rendered. : .-rV' x-.t-' 'v' ."" ' : .
Notwithstanding the setback, sup
porters of the anti-beer bill plan to
make another effort to call it up to
morrow, but the peace treaties are to
be brought, up and it was the expecta
tion tonight, that Consideration of them j
would, be begun. The tax revision Dill
will, be -taken up Monday.,,
' Senator Stanley in his address to
day declared that a similar contest
was waged 160 years ago which light
ed the spark of the revolution and
gave birth to the republic.
"Advocates of the pending bill," he
said, "think the morals of the com
munity are worth more than the liber
ties, of the people."
"Search of - homes for evidence" he
added, "is worse,-than the Sanlsh In
quisition." '
"I would not be surprised." Senator
Sterling-said at this point, "to see the
ardent ..advocates of this measure, cau-
true-that, ;Wifs11tgtDf.'edtill
Franklin the brewer, and' - :Patrick
Henry a bar-keeper, or their friends,
were nefariously smugglinjf" contra
band liquor into Boston. They were
violating the law; there is no question
about lU It was ' generally violated."
Senator Watson, Democrat, Georgia,
took occasion to interject thatV during
the recess of. , congress, murder - and
other outrages had been committed
int his state, by prohibition enforcement
agents. He recited several alleged
eases, vamong' them a raid upon a
Methodist campmeeting where auto
mobiles and other places were search
ed for liquor. y .
Whiskey, Mineral Water and
ladies," he added. Pressd further he
said -his .memory about Arbuckle was
Vvague."
Before Semnacher's second departure
half an hour later, Fischbach also left
the room, Semnacher said.
Semnacher said he went out with
Ira' Fortlouis, retnrhmg about 4 o'clock
finding the party still drinking,, danc
ing and enjoying phonograph music.
Arbuckle was present, according to
Semnacher but he "was .not, sure, about
Mrs. Delmont and Miss Rappe.
He paid no attention to farther
movements in .'the. roam and, soon, left
to buy cigarettes.
: He returned in about half an hour,
he " said. The sparty- was. still - in pro
gress, but about ten minutes later two
of the women - went into room 1219
(where Miss Rappe -later- was- foorrd).
"My best recollection is that on, my
return, the door to room 1912 was shut,"
he testified. ' .
The "door closed behind the two
women and from .two to ten minutes
elapsed wUhout sound ' ' '
''Arbuckle was. in, room 1220," Sem
nacher declared. "My .recpye.ctiqn, is
the women came" put of dom 1219 in
excitement," Semnacher continued.
'"They said we "should all come In, as
Miss Rappe Was . 111."
Arbuckle,- during this .bit ,of testimo
ny s. clasped and 'unclasped his- , hands
and rubbed , his cheeks. A five minute
recess .was declared by; the, court, after
which the" film comedian- appeared more
composed. .' " --: .
'''I , saw Miss Rappe- lying on the bed,
noanlng," Semnacher'; continued. ""She
tossed- f r om side : to 1 side . with . ; her
hands clasped t to her .abdomen."
.; "I. am - dying, I am dying!" she' ex
claimed, according to the witness.. ,
. . "Miss Rappe was . unclothed, her. gar
ments scattered; about.: All the, men
went back . Into room ,1220.' We could
see,' through the?'door, 'the girls putting
Miss Rappe into .. the; bath, tub." . Ar
buckle 'was still In : his pajamas;?; he
s tate d.f- - - - -v ; '-' 4' " r v?;-Cv- 4,--.,,.;.
-'Subsequently, he Bald,, the -entire par
ty had, supper in the-comedian's rooms,
after .which Arbuckle..' "went -.. down
stairs - in evening ..clothes.:; rM : -
:; "The .torn garnien ts.j he '.-put In " the'
pocket of his automobile he saldi, "f or
exhibition to Miss Rappe and also to
dust; off his car." . . ia: ;-"i-.At,
this - point . the hearing- was ad
journed for . the ; day., with 'Semnacher's
testimony, unfinished.iThe examination
will be resumed tomorrow.
GUILTY OF MURDERING
70-YEAR-OLD MOTHER
)Villiam Defif endoll Sentenced to
Life Imprisonment for "Ac
cidental" Shooting
,j BOONEVILLE, Ind., Sept. '. 23. Wil
liam Deff endoll, aged 17, was found
guilty of murder of y his - 70-year-old
mother, by a jury this Afternoon. The
Jury fixed his punishment at impris-;
onment for life in the state prison. The
case went to the Jury early this after
noon and the verdict was reported
Ishortly before 4 o'clock.
jjeizenaou snowea little concern
wh$n, the verdict .was r.ead. in court and
appeared to be in good spirits when he
left the court room. His attorney en
tered a .plea .of insanity for him and
several witnesses were Introduced in
the trial in an effort to Bhcfw. the de
fendant was mentally defective. -Principal
evidence introduced by the state
was in the form of ponfessions said to
have been made by Deff endoll to the
sheriff and coroner of the county. The
state also called neighbors of the Def
fendolls to tle stand who testified they
believed the defendant was sane.
The youth, together with a brother,
Dolly Deff endoll,-was arrested follow
ing", the finding of bis mother's body
last July. William accused Dolly of
the murder, but he, was exhonorated a
few days later.' In his confessions to
the sheriff and ' coroner yound Def -f
endoll held that the shooting of his
mother was accidental. He said he and
his mother "were out squirrel hunting
when his gun was accidentally dis
charged and his mother fell wounded.
To end her suffering, he told the au
thorities, he fired two shots into her
neck. He said he then left the body
apd returned home..
' The authorities asserted young Defl
fendoll had been quarreling with his
mother the dav before the shooting.
TWO SOUTH CAROLINIANS
SENTENCED TO 15 YEARS
Walter L. Hays, Man of Wealth,
Is One
ANDERSON, S. C Sept. 23:--Walter
L, Hays, wealthy Anderson county
merchant, and' his' brother-in-law, Ed.
Wilson, were sentenced here jtoday to
serve' 15 years each Inr the state peni
tentiary at -Columbia on conviction of
manslaughter by a Jury which tried
them for the killing of T, F. Ramey
near here lastjudy r: -
vQeorge Wilson, father of Ed,' Wilson,
aArt Allen- Emerson, the . other two de-
fnonfo nfsrs' HAntcnM 'tn naV. fines
ths-cottty'ehuigang, tnjuryJwvuiB
held them guilty only of carrying con
cealed weapons. . The Jury-rendered its
verdict after 23 hours of deliberation.
- Counsel for the. ..accused men said
later "they were considering appeals on
the cases. Hays and Ed. Wilson will
not be allowed bail, as South Carolina
statutes prohibit bail where a sentense
is more than ten years.
Allen Emerson and.. .George Wilson
had previously been convicted of kill
ings and were serving-uie terms wnen
paroled in 1912 by the governor. The
present charges grew .. out. of .a fight at
Harney's home, the state contending
the defendants tried to beat uj Ramey
over an old quarrel and, they asserting
they .went to his home to make peace
and he -started a quarrel.
NIGHT ATTACKS BEING MADE
BY LANGLEY FIELD FLYERS
HAMPTON, Va Sept. 23. Aerial
flares, lighting the waters of Chesa
peake bay near Tangier island to day
time brilliance, tonight are affording
25 or more aviators from Langley
field a new lesson in aerial attack
against capital ships.r .
From early morning the army flyers
have been experimenting with all
sorts of new bombs - "tea" bombs,
smoke bombs and - cloud bomb all
of them little' fellows made for de
fensive purposes. When the machines
returned during the afternoon It was
announced that the tests had proved
highly successful.
After dark the pilots-took their ma
chines Cut again to experiment with
the flares.
The weather will have much to do
with determination . of .a. date for de
stroying the old battleship Alabama.
It is probable however officials at the
field say -that-the big. bombs, will be
carried out Sunday or Monday night.
In the final attacks it is planned, to
make use - of every type- of horab which
has been tested during the recent
tests.
NONUNION MINE OPERATORS IN
SUIT TO ENJOIN THE UNIONS
INDIANAPOLIS, Sept. 23. A-suit to
enjoin, the . United .Mine. Workers' of
America from further efforts to orga
nize the nonunion coal "fields of Mingo
county, West Virginia, and Pike coun
ty, iventucky, was filed in the United
States . district court for,' Indiana here
late today on behalf of 62 coal mining
companies and operators, -having prop
erties in the Thacker -nd Williamson
coal fields of the, two counties.
"Injunction against .the ."check off"
system, by. which the operators with
hold from- the pay of the" union miners
the . dues and . assessments of - the or
ganization is also sought In the. suit,
which also charges a conspiracy on the
part of the operators of the central
competitive coal field and . the miners
union to eliminate non-union competi
tion.. --
FIND DYNAMITE BOMB UNDER
k . ..TRACKS OF THE A. B. AND - A.
FITZGERALD. Ga., Sept. : 23. Twenty-six
sticks of dynamite attached , to
two' dry. cells 'and- connected by". copper
wire Ho the rails, hav been found un
der the tracks of the Atlanta, Birming
ham and Atlantic. railway near here, It
Was ; announced - late jtoday by 1 secret
service officers of . the : road. , - i - 2' '
; - W.H. Fountain, . chief of the secret
service force, said the explosive au
peared as v though - it ; hadLibeen 4n posi
tion : a : month. Investigations are be
In g made. 4 The road hashad a number
of wrecks of freight strains since the
strike ' 'trouble began last spring,; and
its ; officials blamed., them -on-; explo
slves placed on thev track, -r'-
NEW ARK TRAGEDY IS
CHARGED TO TOl FAST?
A PACE AND TO DRINKl
Mrs. Grace Lawes Shoots Chum f
Miss Mildred-Hanan, and I
Then Commits Suicide
MAN IN THE CASE?
Jealous Rage Suggested as Mo
tive but Denied by Woman !'
' Addressed - as '"Mother" 1
NEW TORK, 'Sept.1 23. Shot and
wounded, three times by her former
chum, who then - ended her own - life,
with a bullet, Miss 'Mildred E. Hanan,
daughter of the late Alfred P. Hanan,
shoe manufacturer, tonight hovered
between-life and death in a Brooklyn
hospital. . , - . 1 -
With the outcome of the girl's inju
ries stilt in doubt, police took up a
back trail from the scene of the noc
turnal tragedy 'into the world of "high
life" blamed by Miss Hanan' s assail-,
ant, Mrs.' Grace Lawes, for the accumu
lated misery, and heartache which im
pelled her to take her friend's life.
' "The pace is too fast and, the liquor?
has driven me crazy," she uad writ-i
ten in a letter addressed to her mother.
Still another, possible motive for then
deed, that of jealous rage over the at-f
tentions of a man who was with Misst
Hanan when the shooting occurred, i!
being scrutinized by detectives whoi
are trying to clear up many unexplain-
ed points. ;
For more than three hours this man
John S. Borland, importer and export
er, was questioned regarding details ofl
the affair, as well as the circumstances
of his acquaintance with the' . twoJ
women, -; -' ;.:.' ; .; v . - ' ;
. A-, further '.-complication 'developed"
when -San Francisco newspaper- men re--ported
.they had located and question-
ed Mrs. M; E. Dittmar; to whom, call
Ing her "mother darling," Mrs. .Lawes
had addressed.. a letter found among
her. effects. ':K-, ; ,:.:- .
Mrs. Dittmar at first denied any re
lationshfp and then tQld her question
ers she was a sister of the dead woman
and 'volunteered the information that
jealousy was not the, motive yot rtho
killing. -. -
This information; was atvariance
with both the salutation of the "mother
darling" letter and the contents of an
other addressed to ' Mrs. Birdie Wil
liams,' a, former nurse in . the Hanan
househdld; of . which VLvC. lSWl$ ' had ,
idsoi---been.i:-nermberforuEyears.n'i-?
--Makfr-ltr easy for mydarling moth4
er," Mrs. Lawes had written In the sect
ond: letter, which began with a request;
that her body . be sent home to Cali
fornia - and ' cremated.
The stories of: the tragedy and ' the
events preceding it told by the Injured'
girl and Borland, a Dartmouth gradu
ate, coincided closely. With Miss Dor
othy Gottschalk, Miss Hanan told de
tectives, she and Borland had dined at
her home in one of the most exclusive
residential d'strlct of Manhattan.
, At 11 o'clock last night ' she said,
shi and Borland drove Miss Gootschalk
to her home in ' Schermerhorn street,
Brooklyn, where they ' Btayed until
shortly after 1 o'clock.
. "We had just emerged from the ves-
tibule when I saw Mrs. Lawes step
from an areaway," Miss , Hanan con
tinued. "The next thing I heard three
pistol shots. I dropped ' to the side-,
waik and when T got up I saw blood
running from my arm.
"I ran for a hundred feet and col
lapsed. I then heard another shot
fired."
It was this last shot. that ended th
life of Mrs. Lawes,
One other person witnessed the trag
edy. A ' neighbor of Miss Gottschalk
said she was at her window and saw
Mrs. Lawes sit down on a nearby stoop,
take a cup- from her- hand bag, drink
something from it and then; dash the
vessel into the gutter. - Searchers' later
found fragments of the: china and in
the dead woman's bag phial labeled,
with the name of a drug.
Borland, while admitting that he and
Mrs. Lawes had quarreled over Miss
Hanan, emphatically denied that' any
feeling concerning himself had -led to
the shooting. He said the motive was
"positively not jealousy,"" expressing
the belief that she was temporarily de
ranged mentally. "?
Mrs. Lawes was . related to Miss Ha- -nan
by marriage',, and:, lived with the
Hanan family until two weeks ago,
when she moved to an apartment at the
Vanderbilt hotel. .- She . was divorced
several years ago from her husband,
Edgar E. Schmltt, -and resumed her
maiddn name- Of Lawes.
ARGUMENT IN. PROGRESS IN "
CHICAGO VS. TRIBUNE SUIT
CHICAGO, Sept.; 23. Disclaiming
any. intention -"to -attempt to supression
of the Chicago Tribune, and declaring
that the city administration of Chicago
had stood for free speech when it-was-dangerous,
to do so, Chester E.' CI eve-
land, special counsel for the city,' to-
day began his answer to the argu
ments . by which eounsei for the Chi
cago sought to have thrown out of '
court the city's J10.000.000 libel -: suit
against that' paper. . ..:
- Earlier in': the day Weymouth Kirk
anld, of counsel for the Tribune,;, had
ended an eight-hour, argument ' in -which
he asserted -MhatV'a-' city had. no
right to sue for libel, that to grant it .
such right would" Jeopardize liberty of
expression and be against public policy.
". Mr. .Cleveland's answer' asserted that
the only question before the; court was
whether the, city was entitled to recov-'
er damages and that It would be the
province of the trial Judge and Jury to
determine -whether the full $10,000,000
should.be assessed or only part of it.
S -The : city counsellor refused to an
swer what he termed the political por
tions of Mr-: ;; Kifklahd's ''- address
, "This- suIt said- Mr. Cleveland. "Is .
not by nor ion- behalf of . any political
organization, - but' is by' the city of Chi- t
cago and: its ' three. million citizens.
They are not asking the suppression of
any publication of; truth, fair comment.'.,
or -crlticlsnv; But - theyy maintain - that;
this defendant newspaper should not .
have -the right-deliberately,: falsely and ;
maliciously fto tell lies.',. t. ,'
-A - - i ' ' i "- ' ' J v'V1 " ' -
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