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FOUNDED A. D. 1867.—VOL. CX.—No. 132.
___e
WILMINGTON, N. C., THURSDAY MORNING, JANUARY 25, 1923.
OLDEST DAILY IN THE STATE.
TROOPS AT BASTROP
TO BE IMMEDIATELY
WITHDRAWN, SAID
Any Threats From Leaders of
Klan Will Result in Decla
ration of Martial Law.
adjutant GENERAL
arrives for action
General Toombs, in Bastrop, De
clines to Comment on Plans;
j>robe Ends Today.
r \STKOr. La.. Jan. 24.—(By the As
press.) With troons on duty
b° \irrf house parish in connection with
I', .true's investigation into activi
. ' ,_,t)ded men scheduled to depart
u-r,'Lately and with the hearing ex
nrctVd to he concluded tomorrow, Ad
iutant General Toombs arrived here to
;.|V with a message from Governor
Parker to leaders of the Ku Klux Klan
j otlieials of the parish, it was learn
(.,1 (>;t good authority, that if any of
the state’s witnesses were threatened
n in'- way between the conclusion of
Ih,.1 hearing and the trial of persons
v‘h0 may b<? indicted by the grand jury
,,, which body the testimony obtained
iir the investigation will be presented
•shout March 1. martial law in the par
ish would be declared immediately.
p,moral Toombs refused to deny or
confirm the report, declaring that Gov
nmr Farker rather than himself
should he the one to discuss it. The
only reference he would make to troops
was that the cavalry units on duty
Ht Mer Rouge and Bastrop and the
f0Ur automatic riflemen here would re
turn home either tomorrow or Friday.
The hearing which was to have been
concluded today, after having been in
progress since January 5. struck a snag
when the last witness summoned, and
regarded as one of the most important,
telephoned that because of illness, it
would he impossible for him to arrive
here before tonight. As a consequence
the hearing -was adjourned to be re
sumed at 1* o’clock tomorow, an hour
earlier than usual, in order that final
adjournment might be taken before
noun. *
The absentee is the “mystery wit
ness,' who has been widely discussed
here during the last few days. He is
Leon L. Jones, a traveling salesman
of Moselle, Miss., who is expected to
testify regarding the last known move
ments of the hooded kidnappers of
Watt Daniel and T. F. Richard, the
bodies of whom were found in Lake La
Fourche on December 22.
Jones, according to officials, was
traveling through this section of Lou
isiana, when his automobile broke down
the night of August 24 and left him
stranded on the Oakridge-Lake La
Fourche highway, near the lake. It
was on this date that Daniel and Rich
ard were kidnaped near Bastrop.
The salesman, it Is said, later told
Marshal Mott, a student at the Uni
ersity of Mississippi, that while in his
disabled car, an automobile truck con
taining several masked men and two
others, who apparently were prisoners,
passed him bound toward the lake.
.Some time later, il is saidy he will testify
that the truck with the hooded men, but
without the prisoners returned, bound
in the direction from whence it came.
H. Riordan, general manager in the
Monroe district for the Southern Car
bon company, brought into court the
time book kept by Harold Teegerstrom,
missing timekeeper of the company’s
plant at Spyker, who disappeared De
cember 29. pay rolls made up by Tee
gerstrom and cancelled checks paid to
employes during the period from Au
gust 16 to 31.
T. Jeff Burnett, former deputy sher
iff of Morehouse parish and an employe)
of the Carbon company, it has been
testified by several witnesses, was rec
ognized as one of the hooded-men who
kidnapped Daniel and Richard. An em
ploye of the Spyker plant has testified
that Burnett was at work the night of
August 24. and it was expected that the
time book, payrolls and checks would
settle the question.
The time books showed Burnett
working and according to the totals it
showed he had earned $55.38 during the
half month period. The amount earned
in that time, according to the pay roll
was $62.40. Mr. Riordan could not ex
plain the discrepancy. Examination of
tlie check issued to Burnett showed
that it was for $62.40, corresponding
with the pay roll. There appears to be
an erasure opposite Burnett’s name on
Hie payroll and Mr. Riordan’s atten
tion was directed to it by the examin
ing attorney. He was asked if it did
not so appear to him.
"It appears that it is.” was the reply.
"There are no erasures alongside the
nam*\« nf others on the pay roll?”
"No sir. T don't see any.'*
Mr. Riordan added that no explana
tion had been made to him either by
Teegerstrom or S. I. Bennett, superin
tendent of the Spyker plant.
The time book, payroll, and concelled
• hecks were placed by Mr. Riordan in
■he custody of the court upon the re
’|pst of the state.
Tom Robinson, a farmer, who was
th-gged by hooded men, told of that in
i'lent and of tne receipt of a letter
slimed ‘Vigilance committee” a few
’ays before it occurred.
Hoke Sheriff in Hole;
Hammer Comes to Aid
By H. K. O. BRYANT
WASHINGTON, Jan. 24.—Represen
'1 ivc Hammer is trying to pull Sheriff
Ivlgar Hall, of Hoke county, out of a
• ' l' . Tn an effort to protect, the peo
He o'f Raeford and vicinity from block
{iflers:t he raided a still, going upon the
£ vernment reservation of Fort Bragg.
riiis brought him into conflict with
* <i< ral authorities. Mr. Hammer hopes
h* -ret the situation settled without
Embarrassment to the sheriff.
Chairman Langley, of the public
buildings and grounds committee, has
informed Mr. Hammer additional funds
V>11 be allowed for the Thomasvllle
I"-stoffice whenever an omnibus bill is
-oared, probably next congress.
STATE OWNED SHIP LINE
BILL GIVEN FAVORABLE
REPORT BY SENATE BODY
Water Commerce Committee Votes Favorably on the Measure,
Which Goes On Calendar of Senate Today; All of 17 Members
Present When Action is Taken Except Three; Session of the
Committee Yesterday to Give Opponents Chance to Be Heard.
RALEIGH, Jan. 24.——Gov. Cam
eron Morrison’s state-owned ship
line bill received the favorable vote
of the senate water commerce com
mittee late today and will be re
ported tomorrow. The bill will
then be placed upon the calendar
and members of the committee
stated tonight that they expected
time for debate and vote npon it
would be set by special order.
The committee membership is 17
with Senator Charles U. Harris, of
Wake county, as chairman, and all
but two or three were present for
the conclusion of the hearing:. The
vote in favor of the bill was
unanimous and it followed the ex
amination of a single witness,
Rate Clerk W. G. Womble, of the
state corporation commission, on
the question as to the probable ef
fect of the operation of a state
owned ship line proposed upon
freight rates generally In North
Carolina.
Today’s session of the committee
hearing was announced as ordered
especially to give the opposition to
the bill an opportunity to be heard
before the vote. Proponents of
the sltAp line, bended by Governor
Morrison, had introduced witiieijpfs
at two preceding sessions..
Governor Morrison was not able
to attend today’s meeting, but
members of the general assembly
who have indicated they favor the
bill, joined in the questioning of
Mr. Wamble. Representative L. C.
Warren, of Washington, N. C., who
* hns been considered as lender of
the opposition in the house; Sena
tor R. A. Brown, of Columbus, and
others examined the witness.
Mr. Warren asked Mr. Womble if
he thought the proposed ship line
was a desirable measure for relief
and improvement of the state, but
the witness, asserting that he had
been summoned as a witjiess by
both sides, asked to be excused
^om expressing an opinion.. In
answer to questions, he repeatedly
stated that his opinion, based upon
observation of the methods in use
for rate fixing, was that the estab
lishment of a low water rate to
Wilmington from northern ports
would not result in lower through
(Continued on Page Two.)
Measure Providing Bond
Issue for Roads Passes
Second Reading in House
Doughton Successfully Fights
Down Opposition and Pilots
Bill On Toward Final
Enactment.
EIGHTY-SEVEN VOTE
FOR AND 14 AGAINST
Measure Authorizes 15 Millions
For Roads; Third Reading |
Set For Today.
RALEIGH, Jan. 24.—(By Associated
Press.)—Lauding the administration of
the state highway commission, a.nd
fighting down heated opposition which
reached a climax in the final time be
tween Representative Burgwyn. of
Northampton. and Representatives
Bowie, of Ashe, Representative Rufus
A. Doughton, of Alleghany, to<??5’
guided the 115,000,000 good roads bill
through the second reading by a vote
of 87 to 14, and the measure was placed
on the calendar for third reading to
morrow. . „ . oA
Mr Burgwyn, after two hours naa
passed in debate, arose to defend his
position against the bill by predicting
that an ad valorem tax would fallen
the people under the system by which
these bonds were being issued, and ho
said he did not want to see the people
taxed further. He laid stress on the
position of the farmer as to taxation,
and asked why the eastern part ol the
state or certain sections thereof, had
not benefited from the previous bond
issue of $50,000,000 fpr good roads^
Mr. Bowie opposed the stand taken
bv Mr Burgwyn and stated that it was
not a question of taxation inasmuch as
the law on which the bonds were is
sued made them tax exempt unless not
held in the state of North Carolina,
and that there was practically no
chance whatever for taxation occurring
on the people of the state by a failure
of the bonds to properly function.
The negative vote on the measure
was a duplicate of the opposition to the
original $60,000,000 bill. The support
ers were almost In the same ratio pre
dominant. Among the noes were sev
eral who were against the preposal of
1921 but the Republican opposition
was’less strong today than then Bur
ewvn who was in the senate minority
which opposed the bill was m *he
house, duplicated his 1921 vote with -
half promise to vote aye on third read
ina if the house could help him to re
move a few objections. If the worst
ones are pushed aside he will heartily
support the measure. .
Although rejected by the two judi
ciary committees yesterday afternoon,
Senator J. R- Baggett, through a
minority report, got his anti-klan bill
on the senate calendar today with a
special order for its consideration at
the close of the mornihg session Fn
Proponents and opponents waged a
regular parliamentary, battle before
the final ruling of Lieutenant Governor
Cooper that the bill should go on the
calendar with the Special order for
senate consideration.
The minority report contain* three
signatures and was sent to the desit
by Senator Baggett alt the same time
Senator Delaney, chairman of jud -
icarv No 2, forwarded the committees
unfavorable report. Opponents argued
that the minority report should have
been announced to the committee yes
terday afternoon, but nothing m
rules book could be found that bore
out this contention.
Senators Delaney, GFady, Johnson
and Giles argued at length that the
measure, having been reported unfa
vorably, belonged on the unfavorable
calendar, and that a two-thirds vote
would be necessary to bring it before
the senate. Senators Long, of Hali
fax, and Harris, of Wake, put the rules
book again before the opposition and
Invoked the right of an individual sen
ator to bring any measure to the con
sideration of the senate after the com
mittee had labelled it, designating
Committee responsibility as merely that
of furnishing information to the aen
(Continued on Page Two,)
t—
American Legion To
Present Legislative
Program to Assembly
Horsing Star Bureau,
312 Tucker Building.
By BROCK BARKLEY
RALEIGH, Jan. 21,-rTh? . American
legion will ask the general assembly
to enact legislation making the same
provisions for the burial of World war
veterans as now is provided for Con
federate veterans, permitting patients
in government hospitals to vote when
they establish a bona fide residence in
the state, to make the teaching of
Americanism in the public schools
compulsory and to protect the bodies
of ex-service men executed "at the state
prison from use in hospital for purpose
of dissection.
This program was decided upon at
a meeting here today of the executive
and legislative committees of the North
Carolina branch. State Commander
James Lockhart presided. The legis
lative committee, which recommended
the program, is composed of Frank
Dunlop, of Wadesboro; T. C. Guthrie,
Jr., of Charlotte, and Maj. Matt Allen,
of Raleigh.
The committee announced that it
would not ask the general assembly
for one cent in the way of a bonus or
special compensation of any charactei
for the World war veterans.
“What the state feels it can give in
the way of bonuses and pension money
we want to go to the Confederate vet
erans.’’ Commander Lockhart said.
Harding To Be Out
If Weather Permits
WASHINGTON, Jan. 2-*.—President
Harding may be expected to be at his
desk in the executive offices tomorrow
for the first time since he was taken
ill with the grippe more than a week
ago, if 'fair weather prevails. Brig.
Gen. C. E. Sawyer, the white house
physician, said tonight. The President
would have been at his office today,
he added, except for the inclement
weather.
The President attended to a number
of matters tod.y'Tn his study, signing
the nomination of Judge Edward T.
Sanford, of Tennessee, to be associate
justice of the supreme court to fill the
vacancy caused by the retirement of
Associate Justice Pittney, and nomi
nating a number* of postmasters and
other federal officers. He also signed
the interior department appropriation
bills and some minor bridge bills.
Notables to Attend
New Bern Meeting
(Special to The Star.)
, NEW BERN, Jan. 24.—Among the
notable guests expected to attend the
annual meeting of the New Bern
chamber of commerce on Tuesday, Feb
ruary 6, who have received Invitations
from Harry Jacobs, president of the
chamber,, are General Bowley, com
manding officer of Fort Bragg; J. 3.
Bogan, director of the southern divis
ion of the American Red Cross, and
Leonard Tufts, of Pinehurst. Colvin
S. Brown, chief of the business organi
zation bureau of the United States
chamber of commerce, who spoke here
two years ago, will make the annual
address.
Some of the features of the meeting
are to be the eleption of a new board
of directors and the annual reports of
President Jacobs and Secretary Bar
low, both of which promise to be of
much interest following a year of un
usual success in commercial activities
here.
fW
4 m
CONDITIONS IN RUHR
SETTER FOR FRENCH;
' TENSION SLACKENS
Mines Are Operating Up to 85
Per Cent Normal; Railroad
Service Improves.
GERMAN INDUSTRIAL
LEADERS CONVICTED
Only Nominal Fines Are Impos
ed, However; Two Under
Suspended Sentence.
(By the Associated Press.)
Conditions in the Ruhr are improv
ing for the occupying forces. The
mines are in operation to 85 per cent,
of their capacity, the railroad services
are reported to be well up to the stan
dard, and in general there is less ten- !
sion evident in the industrial towns.
The trial at Mayence of a number of
industrial leaders, including Fritz
Thyssen has ended without dramatic !
incident. The Germans were condemn
ed to the payment of a comparatively ;
small fine for disobedience of orders. !
Dr. Schylutius, of the state finance de- j
partme&it, and Dr. Yon Raiffeisen, pres
ident of the state administration, were
condemned to a year imprisonment each
under a suspended sentence.
France is preparing to take over con- :
trol of the railroads, and for emergency
purposes is mobilizing her own rail
road workers, who will be put into ;
service in the Ruhr in case the Ger- !
mans go on strike.
Premier Poincare at Paris, in con
ference with the heads of his techni
cal departments, is preparing to send
reinforcements to the occupied terri
tory and at the same time the French
authorities have in mind the cutting
off of the Ruhr region from all commu
nication with outside sections of Ger
many.
There are rumors that General Wey
gand, Marshal Foch’s chief of staff,
Will be appointed high commissioner,
for the Ruhr.
The French president, M. Millerand, |
in an address to representatives of the j
League of Patriots, announced that j
France was determined to compel re- ;
spect for treaties.
MAYENCE, Jan. 24.— (By the Asso
ciated Press.)—The six German indus
trialists, headed by Fritz Thyssen, who
were arrested by the French occupation
authorities in the Ruhr for refusing to
carry out orders given them to insure j
reparations deliveries from their re- 1
.spective plants, WMe^AtSWVicted,- here
today Ky 65urt;''fflHraaI"' <ln each in-!
starice fines were imposed in francs.
The aggregate amount translated into
the American money, was $20,000.
Orflcials here were unwilling tonight
to comment on the judgment of the
court, but permitted the feeling to
spread that it would serve as further
proof of the mildness with which the
French government is conducting its
operations jn the Ruhr and be an ex
cuse for stronger measures when, or if
further occasion arises to deal with
recalcitrancy.
MAYENCE. Jan. 24'.—(By the Asso
ciated Press.)—Dr. Schultius, president
of the state finance department and
Dr. von Raiffeisen, president of the
state mines administration recently ar
rested for refusing to obey the orders
of the French authorities, were today,
convicted by a court martial and sen
tenced to one year imprisonment. The
sentence, however, was suspended.
PARIS. Jan. 24.—(By the Associated
Press.)—The .ministry of war today
issued a communication to the effect
that five detachments of railroad work
ers. each of 750 men, had been sent to
the Ruhr, owing to the partial strike
movement on the German railways.
"It is not," the communication stated,
"a question as stated by some of the
newspapers, of a mobilization measure,
but of assembling of the men for a
period of instruction of limited dura
tion."
TOULOUSE, France, Jan. 24.—(By the
Associated Press.)—An order has been
received here mobilizing the seventh
field section of railroad workers, for
service in occupied Germany. One
hundred of the men were sent last
night to Bordeaux where they are being
equipped for dyty in the Ruhr district,
and 200 more, belonging to the 20th
section, are due to leave tonight for
Paris on their way, to the occupied
zone.
PERPIGNAN, France, Jan. 24.—Forty
railroad workers belonging to the
seventh field section left yesterday for
Versailles, whence they will be sent
into the Ruhr.
PARIS, Jan. 24.—The Prague corre
spondent of the Temps says it is con
firmed that a number of Czecho-Slova
klan miners are being engaged for
France and that the first groupe left
last night.
PARIS, Jan. 24.—(By the Associated
Press).—Premier Poincare is continu
ing his daily conferences with the
heads of the technical departments con
cerned in the occupation of the Ruhr
With reference to reinforcement of the
contingents already there, which, it is
said in official circles, must necessarily
be larger than at first contemplated
(Continued on Page Two.) •
LAST OF AMERICAN
TROQf^dN RHINE
,'^WARD ROUND
'I -x •
F v o Special Trains For
ff“’ *•, ^rp Where They Sail
On St. Mihiel Today.
WOMEN AND CHILDREN
WEEP AS MEN LEAVE
The Populace For Miles Around
Gathers to Say Farewell;
Flag Lowering.
EHRENBREITSTEIN, Jan. 24.—(By
the Associated Press.) The last of the
American forces which have been keep
ing- a watch on the Rhine since the
signing of the armistice ending the
world war are homeward bound.
The stars and stripes were lowered
from the famous fortress of Ehrenbrei
stein at noon today and this afternoon
the troops boarded trains bound for
Antwerp, where they will embark n
the transport St. Mihiel, which will
leave for the united States tomorrow
afternoon.
The eighth infantry regiment, which
formed the principal American contin
gent, entrained at Coblenz in two sec
tions at 4 o’clock.
The men were saluted by all the
high allied officials. The 156th French
Infantry furnished the ^juard of honor
and its band played the American and
French national anthems as the trains
pulled out. The populace of the city
of Coblenz, especially the women and
girls, were at the station to say fare
well to departing friends. There was
much weeping among the women folk,
and mutual promises between them and
the homeward bound soldiers to meet
again.
Not alone were crowds present at the
station, but the railway tracks beyond
for a mile were lined with friends wav
ing handkerchiefs and shouting fare
wells. Some of the townspeople went
to distant suburbs to pay their last re
spects while others took the ordinary
trains to Antwerp to renew there their
farewells. Both train loads of troops
will reach Antwerp tomorow morning.
The ceremony of lowering the flag
over the fortress took place on top of
Gross Traverse, where the American
and French troops had formed, facing
the flagstaff, which reared itself a hun
dred feet above the ramparts.
The band struck up "The Star Spang
led Banner" as four sergeants, veterans
of. the seven machine gun battalions of
the third division, pulled the halyards
off at the head of their comrades.
There was a brief pause, and then a
French soldiers broke out the tri-colors
from the flagstaff, the bunting flut
tering gently in the breeze. Every one
had stood bareheaded during the sim
ple but impressive ceremony—whether
bestarred generals or simple soldiers.
The crowds swarming the earth and
stone tops of the barracks to view the
ceremony strove vainly to hide their
emotion.
After “retreat” had been sounded for
the American troops, Major General Al
len and Col. William M. Harts, his chief
of staff, and the French Generals Mar
ty, Mordacq, Danzelme, Demetz and
Henrys, all old comrades in arms of the
Americans at St. Mihiel and elsewhere,
inspected the troops.
The four American sergeants who
lowered, their flag from Ehrenbreitstein
were Dewey Kitner, Lester Keibaugh,
Charles Long and Frank Ehlev.
MA^ENCE, Jan. 24.—(By the Associ
ated Press.) Major General Allen to
day sent the following- communication
to the Echo du Rhine:
"Departure of .the last detachments
of the American forces from Germany
evokes unforgettable associations dur
ing the great war and excellent com)
radeship continued during our watch
on the Rhine.
"This precious memory Will ever re
main apart from divergencies and com
plications which may arise between
states. May I, then, in the name of the
American forces in Germany, and per
sonally, ask the Echo du Rhine to ac
cept our gratitude, our most sincere ap
preciation, for all that has been done
to maintain those good relations.”
General Allen thus far is without in
structions from Washington as to the
exact length of time he is to remain in
the Rhineland. The time for the offici
al turning over of the American zone
to the French has not yet been decided
on, but it probably will take place next
Saturday or a few days later.
A detachment of about one hundred
officers and men will remain here with
General Allen for the final settlement
of American affairs.
BRUSSELS, Jan. 24.—The minister of
national defense, M. Deveze, plans to go
to Antwerp tomorrow to ^alute the de
parting Ameriacn troops in the name
of the Be'Jgiari army.
Inasmuch as Mai. Gen. Henry T. Al
len, the American commander, is not
accompanying his men to Antwerp, it
is uncertain whether the king and the
government will send representatives,
but it is said Lieut. Gen. Baron Jacques
may be present with M. Deveze when
the St. Mihiel sails at 5 p. m.
Regrets are voiced by the Brussels
newspapers today that no opportunity
(Continued on Page Two.)
THE DAY IN WASHINGTON
President Harding, who has been ill
with grippe, remained away from his
office today. Inclement weather mak
ing it inadvisable for him to venture
out, was assigned as the reason.
Favorable' report of the Norbeck bill
which would extend $250,000,000 credit
to Europe for the purchase of. Ameri
can farm products was ordered by the
senate -agriculture committee.
The senate oil investigating commit
tee was informed that neither John D.
Rockefeller, Sr., or John D. Rockefeller.
Jr., owned anjr stock in the Standard
Oil Company of Indiana.
Edward T. Sanford, of Tennessee, a
federal district judge since 1908, was
nominated bv President Harding to be
J* i ‘
an associate justice of the supreme
court to All the vacancy caused by Jus
tice Pitney’s retirement.
Senator Jones, Washington, in charge
of the administration shipping bill, an
nounced he would attempt to have de
bate curbed in an effort to bring about
a senate vote on the measure in the
near future.
As a result of published reports that
police, attempting to stop "embassy
liquor” leaks, had seized supplies said
to have reached a bootlegger from the
Cuban legation, the Cuban charge vis
ited the state department and later
stated he knew nothing of “alleged
liquor selling” at the legation.
STATE WITNESS HURLS BOMB
INTO CAMP OF PROSECUTION;
DALLAS TRIAL NEARING END
H. J. SOUTHWELL
Coast Line. Engineer, for Whose Killing |
Herbert E. Dallas is on Trial Here.
MAN THOUGHT TO BE
GRISSOM SEEN IN
MAYPORT, FLORIDA
Greensboro Druggist’s Partner
Believes His Former
Associate Alive.
JACKSONVILLE, Fla., Jan. 24.—
James Gavagan, justice at peace at
Mayport, told L. W. Jenkins, who was
connected \yith H. A. Grissom in the
drug business at Greensboro, N. C.,
over the long distance telephone to
night that a man answering the de
scription of Grissom, Who disappeared
last Thursday night, was in Mayport
yesterday afternoon. Jenkins express
ed the opinion, after getting the de
scription of the man, that'he was Gris
som. Grissom has not been seen since
his automobile was found Friday sub
merged in Thomas creek near here.
The man whose description is said
to tally with that of Grissom, acted
peculiarly, Gavagan told Jenkins.
The back seat of Grissom's automo
bile never has been found an,d Jen
kins advanced the theory that he could
have used that as a life preserver and
made his way to shore.
JACKSONVILLE, Fla., Jan.' 24.—Au
thorities tonight discarded the theory
that H. A. Grissom, Greensboro, N. C.,
druggist whose automobile was found
submerged in Thomas Cree||, near here,
Friday morning, met with woul niay.
Today's investigation, it was sai^, in
dicated that Grissom perished when
his automobile plunged into the stream
when full speed was put on after it
had stalled in. the mud.
E. M. Pace, a farmer residing two
miles from the creek which is, at the
end, of a blind road, said that between
9 and 10 o’clock Thursday night a man
driving an automobile with only one
headlight, stopped at his home and in
quired the way t'o Atlanta. Grissom
left Jacksonville Thursday night and
was to have wired his family on his ar
rival in Atlanta.
After leaving the Pace home, it was
noticed that the automobile started
down the blind road, instead of the
right highway to Atlanta., Near the1
.place where the automobile was found
the earth had been torn up as if a car
had studied and then suddenly when
the 'driver had put on full speed in an
effort to extricate himself, had plunged
into the water.
L. W. Jenkins who was associated
with Grissom in the. drug business,
found that one light on Grissom’s car
which is being repaired, was out of
order.
Thomas Creek was dragged today
in vain for Grissom’s bodjj,
State Merchants To
Meet in Raleigh Today J
RALEIGH, Jan. 24.—Delegates are
assembling here for the special meet
ing tomorrow of- the North Carolina
Merchants' association. The morning
session of the convention will be de
voted to a conference and tomorrow
afternoon the legislative committee of
the association will meet with the
legislative committee of the general
assembly to advocate the garnishment
bill and the “bad check” bill, both
measures proposed by the association.
Later conferences will be held in an
effort to get Agreement among con
flicting opinions in the association on
the drug bill already introduced in
the senate at the Instance of the North
Carolina pharmaceutical association,
according to J. Paul Leonard, executive
secretary of the association.
Secretary Weeks Wants
Larger Appropriation
WASHINGTON, Jan. 24.—The senate
appropriation sub-committee has been
asked bv Secretary of War Weeks to
add to the army appropriation bill a
number of items to provide for army
work in the Hawaiian islands and at
other posts, including $600,000 for con
struction at Fort Sam Houston, Texas,
and $500,000 at Fort Myers, Va., it be
came known today.
Bert Kelly, Presented By State,
Substantiates Story Told
On Witness Stand By
Defendant.
CASE GOES TO JURY
HERE THIS AFTERNOON
Biggest Crowd Ever Packing
County Court House Present
When Clark Makes Opening
Argument For the State;
Night Session Held to Speed
Up Proceedings; Kellum and
McClammy to Close Argu
ments at Today’s Session.
The fate of Herbert E. Dallas will
hang- in the balance scales of a jury's
deliberations this afternoon, with the
accused yardmasj,er’s chances immeas
urably brighter by reason of an error
of commission by the state in the clos
ing hours of the testimony yesterday
morning.
A bombshell exploded in the prosecu
tion camp when Police Dieut. A. L.
Kelly, called as a state witness, proved
a bulwark of strength for the defense,
only the swift maneuvering of E. T
Cansler, Dallas’s chief counsel, saving
the state the embarrassment of virtu
ally impeaching- its own witness.
The largest crowd that hps ever
packed the New Hanover county courf
room, was wedged into the auditorium
at 2 o’clock yesterday afternoon, when
J. Bayard Clark, of Fayetteville, pre
sented the opening argument for the
prosecution.
Into the square hall, the seating ca
pacity of -which is barely 300, was jam
med a seething mass of fully 600 per
sons, every inch of standing room be
ing taken and the overflow pouring in
to the prisoner's dock and the bar.
The crowd yesterday bore evldSlfces
of being more restless than on pFeyi
ous occasions, and there was prevalent
a tendency to mumble audibly at the
workings of the court machinery.
Once, when there was an outbreak of
voices, Judge Devin was forced to ran
sharply for’ order and. threaten the of
fenders with summary punishment for
contempt. .
The defense rested shortly after 10
o'clock yesterday morning, the state
1 con^njing the remainder ©f- the morn
ing- session in rebuttal, presenting Al
bert Frahcls, French fireman on South
well’s train, Dr. J. W.. Hooper, who
I performed the operation on Southwell
a few hours before his death, and Kel
ly
Character witnesses only were intro
duced by the defense.
Arguments began at 2 o’cloc% and
continued until 10 last night. J. Bay
ard Clark led off for the state, followed
by E. T. Cansler, of Charlotte, and J.
O. Carr, for the defense. L. Clayton
Grant for the, state, and. John D. Bel
lamy for Ihe defense, presented theft
arguments last night, while the clos
ing appeals will be made by Herbert
McClammy and Solicitor Woodus Kel
lum this morning.
Judge Devin will probably start his
charge to the jury, at noon today.
The Kelly boomerang was the out
standing feature of yesterday’s ses
sion. Kelly, head of the Coast Line
police force here, an eye witness to the
shooting and sub'poened by both sides,
was called as the last major witness
of the trial.
By him, the state hoped to substan
tiate the evidence of Chauricey B. Hol
leman, that Dallas leveled the gun at
Southwell before their fatal struggle,
instead of merely holding it in his
hands, as the defendant himself had
testified.
The prosecution also sought to show
that Dallas pointed the weapon at
Southwell, made some remark, that
Southwell lunged and struck the gun,
the shot following.
But Kelly gave no such evidence. Tl^e
police officer refused to say the exact
position the (^fendant . held the re
volver. when he approached Southwell.
Nor did he testify that the shot fol
lowed immediately after the pair
clinched. Instead, he asserted that he
walked 60 feet toward the fighting men,
before the shot was fired, and that the
combatants themselves struggled for
a distance of approximately 16 feet.
The state, caught off its guard by
Kelly’s evidence, sought to introduce
an affidavit signed by Kelly at the in
quest, but the defense promptly ob
jected.
yhe introduction of this affidavit
would have virtually impeached the
testimony of Kelly.
Lieutenant Kelly was examined by
Mr. Clark for the state. After reciting
the events immediately preceding the
shooting he testified as follows:
Q. Where did you stop in the con
course?
A. About 30 feet south of the alley
leading to the shed.
Q. Well, how long were you there
before you saw Mr. Southwell again?
A. I should say a minute or two.
Q. Whe/e did you see him then.
A. He passed me while I was stand
ing there.
Q. Did he say anything to you, or
greet you in any way?
A. He pinched me. He had his grip
in his left hand and reached around
with his right and pinched me.
Q. When you speak of his pinching
you, Mr. Kelly, did he do that in a
friendly or an unfriendly way?
1 A. It was his usual greeting, either
that or slapplps you, or something of
the kind.
Q. Which way was he going at the
time?
A. He was going south.
Q. Did you at that time go further
south, or remain where you were?
A. I remained where I was.
Q. Did you see Mr. Dallas on or about
■ that time ip the concourse anywhere,
and if so, where?
A. Just after Mr. Southwell passed
me, I saw Mr. Dallas and Mr. Fonville
standing just on.the inside of the gate.
(Continued on Fa^ Two.i