Newspapers / The Charlotte Observer (Charlotte, … / Feb. 27, 1907, edition 1 / Page 1
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i . r - ' r " -. -' ' ' . ? . 'v ' v.r ; GUBSOttlPTION PKICE: $8.00 PER YEAR. CHARLOTTE, N. C., WEDNESDAY MORNING, FEBRUARY 27, 1907. muck hvj: cents. JJRS. TIIAYJJAYES STAND mi. EYANS 1 TO-DAY'S WITNESS. On of Aliens 'for .Defense Will be Cross-Examined by Jerome and t I Allowed on Stand by Dr. Warner, '' Pefmar and , Blngaman In Rapid , Order Efforts of ., Prosecution to Draw From Abraham Hummel Cer tain Facta ? Relating- ) to Affidavit Mrs. Thaw Is Alleged to Hav Made in Mi Office That Thaw Had Beaten Her While Abroad In 1S03, Vmucf cessful, Delma Blocking. Practical- . I . Vk . ...... X"; Newt York,' Feb, , 1 6, Mm. E?yelyn Neabit ;Tnaw' -long rdeaV, upon the ' , ' witness tand at the trial of her hua r i band for, the i, killing: a of Stanford ;" ' White, came to an end 'tO'day; ? Mr. Jerome finished hi 'frosajHuiinlnitibn.. whlch had lasted through nearly nv court day, at , the ; morning aesslon. ' The' re-dlrect examination and . re " cross-examination this, afternoon were of the briefest character;: land f'Juri; prior to -adjournment, v It .waa an ' no unced 'that , the defendant' wife ' ; h had finally been excused. ., V To-morrow morning the district at ' , 4orney will begirt hla f crdas-examlna-. tlon of Dr. Brltton D. Evans, one of , -; the alienist for the defense. He will follow thla up by cross-examining Dr., I phasr Q. Wagner, n,d Drs. Deemar , and Blngaman will be. called In rapid - order. ?The trial at Jast seems to be ''entering upon Its flnal stages. ; . t The completion of Mrs. Thaw'a ex- lamination followed the . unsuccessful , effort 'of the prosecution to draw -."rom Abraham Hummel certain facts relating to. th affidavit which. Mrs. ' Thaw is said to have made in.. Hum fmel'a law office. In - this affidavit K . , fls declared - there, waa an allegation ".. 'that Thaw had beaten the girl while . abroad In 1903 when ahe told him there was no truth In the story about , ljer relations with Stanford White. - ' DELMA8 BLOCKS TESTIMONY. v Mr. Delma, for the defense, block 'd practically every question put to I Hummel. The witness got no. farther than to say he knew Mrs. Thaw; that she came-to his office October 17, r ltOt, and that he dictated to a ste 'tiographer while she was there. Joj- - tlce Fitzgerald held that under the" rules of evidence governing Mrs. Thaw's testimony the Introduction of -collateral facts was not permissible. V-The district attorney is not allowed ' to controvert her testimony in .any vway, but may test her credibility. Mr. Jerome said in open court that he realized that even if he could show , Stanford White was in Europe the 'night Mrs. Thaw declared she was assaulted by him, he would not be al lowed to Introduce such testimony. It '.' . r "was reported that Mr. Jerome has much testimony to offer in rebuttal, , bat as it ia nearly all of a collateral character he will not be allowed to . , piece It before the Jury. :.(. Mrs. Thaw to-day was given the opportunity to clear up the odds and :nds of her story. Mr. , Jerome In troduced in evidence her school girl diary, and read certain extracts from 'r It ,They caused many smiles in the ' court room, reflecting, as they- did, . the young woman's views of life "'Curing that period. ' ' 1 " LETTER OF CREDIT NOT USED. Mr Thaw denied again that she i ' hid ever used a penny of the letter of credit Stanford White gave to her : under seal before she went to Europe with Thaw and her mother. She de nied that she had ever been mention ed in any way in connection with the James A. Garlan divorce case. She aald Stanford White paid all her , brother's school expenses, and Identi fied receipts and checks signed by her , mother showing that the latter drew more than $S,000 from Stanford ;Whlte's funds during the year from May, 1902, to May, 1903. Evelyn was 4 at school during most of this time. ,i Just before Harry Thaw was aken out of the court room he hand ed the reporters the following note: "Mrs. Thaw ahd Lady Ash burton, formerly Frances Belmont, were not friends. They were simply acquaint ances when both were playing at the , aame theatre." When Abe Hummel was sworn and took his seat In the witness chair to i day the big court stenographer seated In front of the stand all but hid the little witness from general view. . The top of his bald head could oc casionally be seen nodding to and fro. , , SHOWN PAGE OF AFFIDAVIT. He was shown the photographic ; copy of the last page of the famous -affidavit, which Mr. Hummel said re freshed his memory so thst he could , tata positively that the date on which ,:. 4 Evelyn Nesblt Thaw called at hi of : flee waa October 17, 190J. "Did Miss Nesblt have a conversa r tlon with you In your office?" asked Mr. Jerome." "Tee." said Hummel. . "Did you dictate to a stenographer while he was present?" ; Witness said, he did dictate a state tnent in the presence of Miss Nesblt. , "On the next day," asked Mr. Je- rome, ,dld Jacobson or Snydecker give you a paper?" -Yes.-. A document waa shown the witness ; and na waa asked If It was not a car ?0ll-?P5r f the paper referred to. -, Mr. Delman at once objected and was , . abstained by the court, it being held ; . that the question was an attempt to controvert collateral facta brought out ,en cross-examination. v' V Mr, Jerome asked Hummel several V I other questions, whether he gave the paper to Evelyn Neabit, what became - . wt she next went to his . .offlca, but objection to all of them (Were sustained. , ,' r, Mr. Hummel waa thereupon ex- , , cused. c . . ... ;Vr ' ABRAHAM 6NTDECKER CALLED. ;.f nam Snydecker, who waa .. . . . . new was ' said he knew Evelyn Nes- HfDld you. on October II, 101. sea , - S ner sign a, papcrT" asked, Mr. Je Ht .pil objected to- the quss I - Mr. Snydecker was excused. , : . r P?,maf .n1" aucceasfully Blocked for tha tlma being all testl . Jjony regarding the alleged affidavit. v Mr. Jerome a-ked-that Mra Evelyn '- Thaw be recalled.; When, she -had : ) taken the stand Mr. Jerome handed her a paper and asked If from first WSJ ,"tw,t A 'a ne handwriting. ;,v Mr Thaw.apent some time in an ex c , amlnauon of the paper, smiling occa V-v aionally aa ah read. - , ;V;,--.-It aoon developed that tha ' paper ;.. .. waa a diary. . - . , " v V; - Mrs. ThAw said the paper she had ; axamtned .was all in her handwrlt ; . Ing, i r ..-..- -.. ; i. - ' . 'ff.'JLP01 "iW which you kept j- ' . Mrs. Thaw aald aha kept tha diary '. while at achool in Pnpton, N. J., In I , 1101. " Mr. 5 Jerome then read a faw tCttnv4 oa fan 0rtnj . 17 DIE FROM ASPHYXIATION ATKOTESTANT SCHOOL BURXED. When Fire Waa Discovered Teachers at Once Bcfan Work of Getting the 200 Children Out of the Building, ; but Children .' From Kindergarten . Department on Second Floor on Reaching Landini- Refused."' to.' go Through Dense Hmoke and 1, With , the principal, ."Were Smothered- Rlany Rescued by Firemen With Ex ' tenMlon Ladders, the Building Not . Being Provided With Fire, Escape. ' Montreal, Que., Feb.".l6,--fPrlncl-pal Maxwell and 1 children perished lnr;a firo whi(: broke .out-thla after noon. In the Hochelaga School of t'ho Protestant school - commission. 'The school waa' located in a brick ' two tortri bulldin '-tok the east end of the city, , and ;' waa attended by about 100 children,; whose parents are mechanics living! In tjie nelgbbbthoodJi . :Vi ' The fir atwfted from jthe furnace ad s waa flrst-thoticed : bJ1, ? Workmen employed nearby. The teachers were notified and th work' of getting the children out of the building " began. The kindergarten no.rtmn iua in. oated on the second floor, and it was to . mi me losa - or lire occurred. The children were started out, . but n reaching the landings found the lower hail full of amok. . Into il they refused, to descend," though the way a this time was ijulta safe. Hud dled - torether nn h. afairaav . first, they retreated to th -rooms irom wnich thejr had come. When the firemen arrlvad n i,n.inn.iii. der waa placed v in position and a ire numoer ot children were res cued in thla way.,,5- Aaalaflnv in i u.- --"- mvim. warn miBB Maxwell. , The fire .by this Urn waa ,ul'"- -way upward and the moke was growing so dense that even ths t rwnHnhMit11 not atand U. Capt' Arson endeavored .l" ;et s maxwell to go down the ladder, but she refused, and evading the attMnnt n . v.- 7. hack Into the back part of the build- "."" TT1..1 oioera or the mtle onea When th flm.. , '7 to.1?-5? heJr way to th back wuir vi me ouiraing ahe was found wnthe floor with a little one beside her.. annh'JEtS! wnPrtohed aled from p i?,at,on- Tn building waa un provided wither escapes. ? EX-SHERIFP MOXROE DEAD. Prominent' and Honored Citizen f .7 inenmonl Was 8 Year Old and Held Office 10 Years. Special to The Observer. UV. Ze -?.BhruT James J5!l.Morn took t0 bed a week ago h?it th-Um-rou,W' l,hr,lr -ne was out the remnant of the maniilneetit vt. iH JU?"nhen weighed KO to th. JtiZl' iPVl10!1- ""- Almost MSh."';.? former seifT-h . ttS-SZ?'??' iaff wnt hunungr loving the chase especially. , A deep oold foUow- S n?ih,orhco,ultT though it 2SJE nJht he lo Ponn oonntanUy. rl? Mt?nroe WM born In Franklin township bi years ago. He grew to Isli h?urh Poverty anf small hUaataf ' . ror remarkable rvJ"Z PPty officer, he became i?ntZ.Jll M w.hen tn 'Farmers' Alliance became a pollUcal power. He itii ten year and In lMU was re Identlfledl wUh the bluslaess spirit of value WUh prPrty flno j..;v.V " lnrf" sons ana tnree daughters, and three brothers. He be- , . ... wwuuumi cuurca ana irom that place will be. buried to-morrow with Masonic honors. In Salisbury, Sheriff Monroe was as popular an officer as the county ever had. Hiwii brave without unnecessary derlng. and Urm with his prleoners with out austerity. An Ideal public servant end a splendid cltlsen died to-day In James Monroe. WILL OPEN BRANCH HOUSE. Donneil Manufacturing Company, of St. Louis, to Set Up House at Sal isbury. Special to The Observer. Salisbury, Feb. St. The Donneil Manufacturing Company, of St Louis, whose specialty la the manufacture of extract druggists' Specials, gro cers' sundries, bluings, baking pow ders, oils and the like, will early in March open a branch house here, un der the direction of Mr. Wade Bar Tier, f Concord, secretary-treasurer of th H. L. Parka Department Store Company, ln Concord. Mr. Barrier wjll come her and open a warehouse, from which he.wilr disseminata the warea of his company. He will han dle th goods in carloads and tha distributing point here will be a large one. - The Institution has a claim upon Salisbury and will be a good addition to her life, but Salisbury Is especially happy that she can reclaim one of the most admirable young men who ever bast a brief residence here. Mr. Barrier was formerly . teller In th First National Bank and won a pop ularity that extended to all Salisbury and Rowan. . . . '.'A SHOOTING IN IREDELL. ' Mack Woodward, White Tenth, Re ceive "Ballet tn Side Probably . Accidental, but May be FalaL , Special to The Observer. 1 i ; Stateeville. 'Feb. Jl-Whttt ; may prove a - fatal aeoldenUl shooting, occurred In north ' Iredell (ate Vterday evening, when a .It-rellbre pistol In the hands of, Markus Williams wes discharged, send ing a ball kite the body of his comrnd. , Mack Woodward. The shooting ocurred In the barn of Mr. J no. I. Douglas, near Eupeptic Sprlna. and the young man who did the shooting claims It was pure ly accidental. Dr. J. E, King was celled and dreeeed the ; younf men's wounds tempornrlly and 'Dr. -If. F. Long,' of ptalesvltle, waa notiQed. The young man waa notllled. . The young man wee brought to Long's ) Sanatorium In Rtntesvllle this" morning and the physio clens tried to locate th ball,, which had entered just below the ribs on , the Tight Id, taking- a dowaward course; ..... . Young Woodward is about 18 yaers of ere and la a eon of Mr. John Woodward. Williams is - possibly as young as M yeara ' : '' 'i , , Lieut.' Hamilton : Not Insnne When . Acta Were Commlued.',, v , " Washington, Feb. ! . -The -1 Presi dent ha approved the sentence of th court-martial Which tried First Lieu tenant John S. Hamlltots, Twelfth In fantry, on charges of embeaslement desertion and disobedience, which found him guilty and sentenced him to a term of II months in th , Fort Leavenworth penitentiary. The Judge edvoeat general, after careful con slderatlon, reached tn conclusion that Lieut. Hamilton waa not insane when th not wer committed, and th President took a similar ylew. 'H, , STATE mil FINALLY WIN SI3IMONS AMENDMENT A STRIDE North Carolina Members of Congress Congratulating Themselves on Sue - .cces of Simmons Amendment Look . Ing to Winning for State Success of . Part of the Waterway . Project . Cape Fear Enterprise Not Finally '"i Defeated by Burton Simmons Try log to Get Larger Appropriation for Klneton Buildlnt;. . ' , ; BY W. A.' UHiDEBRAND. m'-vf:&-.t''- uoserver Bureau, ';:mUir Q Street. N." W.i .:iM'--' ?'i-'f '. -. , " asningion, reB, ieo, .( - r River and1 harbor matter are Just now receiving a great ' deal of atten tion from the members of .the North Carolina delegation. Even member from the inland district have watch ed the developments with great inter est, and have. whenever possible push ed along a cause which v means so much to the commercial Interests :St th State.i; Of course there Is much elation over the action of the confer ence committee In accepting the Sim mons amendment, which insures the construction of a good proportion of the much-discussed inland; waterway, A VICTORY PARTIAL, BUT PLEAS ING. . : Mr. Small is in a measure disap pointed because of the failure to se cure a twelve-foot channel, instead of one of ten feet depth as the channel of greater depth would have been more in line with the plana of those who desire to promote the coastwise traffic, but he is nevertheless pleased that so much of a victory ha' been achieved for the State. He think that a long stride has been taken In the right direction and that it U only a matter of time until the whole of this great Inland waterway project will receive the sanction and approval of the government, Mr. Burton to the contrary, not withstanding. . The elation of some-nrer this vic tory has been tempered with the, fear that it is all over with the upper Cape Fear project, owing to the ex treme hostility of Chairman Burton, whose opposition prevented any fa vorable action on the part of con ferees of the House and the Senate after Senator Overman had secured the adoption of the amendment by the Senate committee. Such Is not the case. This project, which calls for the construction of locks and dams on the upper waters of the Cape Fear, can be carried through un der pressure, and this pressure will be resorted to at the proper time. The delegation must take one big thing at a time and next winter both the North Carolina Senators Will pull together for this appropriation, and demand It on the ground that It la the one big Improvement which the State la seeking. THE KINSTON BUILDINO. Senator Simmons called at the Treasury Department to-aay and dis cussed with the supervising architect the subject of the proposed- public building at Klnston. Senator Sim mons requested the Department offi cials not to proceed with the plana now under advisement. Only $80,000 has been appropriated for the con struction of this building, and this amount the Senator regards as utter ly insufficient The matter will be held in abeyance until the next ses sion, when an effort will be made to secure the passage of a bill carrying twice the amount mentioned. Sen-, ator Simmons also discussed with the Department officials the matter of the clock for the public building at New born, a matter which Mr. Thomas had already taken up with the Depart ment A very handsome clock was purchased for the Nfcwbern building, but it Is not Illuminated nor does It strike. The Department promises to giVe this clock matter Its most careful consideration Congressman-elect Godwin, who is to succeed Representative Patterson, arrived here to-day to "learn th ropes." This Is Mr. Godwin's first viBlt to Washington. Chairman Adams to-day made the following recommendations: J. W. Jones, for postmaster at Wllkesboro; O. W. Robblns, at Rocky Mount; Cfta. A. Jonaa, at Llncolnton; S . M. Hamrlck. at Hickory; Dr. Frank Roberta, at Marshall, and J. E. Lance, at Hot Spring HACKETT STRIKES, BRYANT. Lively Affray on Floor of House Bryant Reflected on Hackett's Ve racity Affray Renewed. Obaerver Bureau, Th Hollaman Building, . Raleigh, Feb. 26. This afternoon while the House committee on cities and towns were hearing aT discussion on a bill pro viding for'A' bridge acrosa the Yad kin river in Wilkes county, which nongressman-elect ;,R. N. Hackett, of th eighth district, wdaa pressing and Representative ' bryant, of Wilkes, was opposing, the latter stated that Mr. Hsekett had- been Inaccurate In hla presentation of the facts. Hack ett asked Bryant If he meant to call him a liar..-Th latter-not directly disclaiming ucli an', imputation, Hackett proceeded to pummel htm, itrlkjng him aeveral blow, th two clinching, and . being separated by members ot th committee. I Later, as Dr. . Bryant went around towards ; wher Hackett was standing, Hackett . mad another as saultr but his", blow was a glancing on. Dryant. claimed he was tonly going after hi hat, which had been knocked oft lt . th first - assault There was much excitement In th halt of th House, but neither th congressman or legislator wer arrest ed. ' r : "-iv ':.:-' fX": A TYPHOID FEVER EPIDEMIC. Battleship Connect knit, with IS Caeca , Aboara, to aan rrom unanianamo at Once for North Patient go to Navai Hospital, Brooklyn. ;, Washington, Feb.., Jl. -Th. Secre tary ot th Navy to-day received 'a dispatch from Rear Admiral ... Evan, commanding th Atlantic ' fleet,, stat in that the battleship Connecticut would sail, immediately, from Ouan tana mo for th North with a typhoid rever epioemio aDoara, mere .Ming It cases now under treatment. , After conferring with Surgeon Gen eral Jltxey,: tt haa bem. decided to hav th Connecticut go to . th Brooklyn Navy Yard and the patients will b placed In th Naval Hospital CANAL ENGINEER BESIGNS GOETIIALS TO SUCCEED STEVENS Chief Engineer of Commission Writ" V President That He ' Wishes to .be v Entirely Relieved From - Work a - Soon a He Can be Replaced -by - Competent Man and That Man Be come Familiar With Work Reslg v nation -is Accepted and Major Geo. W. Goethals, of Engineer Corps, Chosen a Ilia Successor Commit Bion Asked to Take Formal Action . , Necessary to ' Reject Oliver and - MacArthur'Bkl.' -" ' s Washington, lt., 26. The Presl dent ha , receiyld -a letter from ? Mr. John F.Stevensj't chief engineer . of the - Panama canal 1 commission. In which he asks to be entirely relieved fropi'.rlf'o.a; ,cnal as soon as he can be replaced1 by a competent person and that person can become familiar , with the work. The. Presl dent has accepted Mr. Stevens' reslg nation. In order to secure continui ty in engineering control and man agement in the future the President has asked the' canal commission to assign to the office of chief engineer Major George W. Goethals, of the engineer corpa, , - By his order addressed to the isth mian canal commission to-day, Presi dent Roosevelt,, as far as lay in hie power under existing law, transferred to the engineer branch of the army the responsibility ' for the further construction , of v the Panama canal. He also, in th same order which took the form of a letter addressed to the chairman of ;-th commission, Mr. Shonts, himself about to retire from all -connection with the enterprise, formally recorded th abandonment, for the present at least, of the pro ject of having the canal work done by contract on -the percentage sys tem. . v , ' THE PRESIDENT'S LETTER. ' The President in his letter to the commission says: "It la not my purpose by request ing thla appointment to disturb in any way the present organisation on the isthmus, : which ia very satisfac tory, nor to Interfere with the ad mirable work now being done by the present assistant chief engineer, Mr. Ripley, and the. various heads of de partments. "The work; of construction is go ing on well and will continue to do eo. The organization already creat ed is increasing the excavation each month, and can be relied upon under competent leadership to make further and constant ' progress pending a period within which a new form of contract can b devised by Major Goethals and hi associates. If it Is deemed advisable to do the work by contract. "The service of the same high class contractors whose bids we are now rejecting or .-. others of similar standing, may then be Invoked In the interest of economy and speed." The President requests the com mission t take formal action neces Bry to reject th Oliver and Mac Arthur bid, Jn accordance with the power reserved to;. It' in It Invita- CANNOT BENEFIT GOVERNMENT. In his letter to7th chairman of the canal commission Instructing that body to reject the bids for the con struction of the canal, the President states that the purpose of the con tract waa to secur in the building of the canal the services of the best, most experienced and most skilled contractors In the country at the least risk to them and at the least expense to the government. Thla purpose failed, he stated, as the contractors whose personal cervices In the work are what the comraiasloners sought have made arrangement to divide the profits under the percentage bid with bankers and others to whom the con traotora have had to look for the needed capital. So that th con tractors who are actually to do the work hav arranged to accept a com paratively small proportion of the profit accruing under th contract. No eontract can ultimately operate to the benefit of th government, the President stated, In Which the con tractor energy, skill experience and personal supervision of the work are not adequately paid for. The President further stated that Mr. Stevens, the Chief engineer, ad vised against accepting either th Mo Arthur or Oliver, bid. On of th chief reasons for adopting the con tract waa that In it main features it was formulated by Mr. Stevens, who was expected to aunervtse the work as chief engineer. Hla resigna tion, the President says, takes away th special reason mentioned for pro ceeding under th present form of contract AN ENTIRE REORGANIZATION. Tha intention of the' President la that there shall be an entire reor ganisation of the commission with three army officer of th engineer corps Its leading members who are to have charge of the engineering features of the canaL Th chairman and engineer In chief of th commis sion will be Major George W. Goe thals and his associates will be Ma jor D. Du B. Oalllard and Major Wil liam L. Slbert, to rank. In th order named. These three officers are all comparatively young, ambitious and energetic member of th corps. Th reorganisation Is to becom effective Immediately upon. . th confirmation and retirement of th old commission. Senator Jos. C. 8. Blackburn, of Ken tucky, who retires from the United Statea Senate en th th of March, Is to be made a member of th rorgan Ued commission. v' Th nomination of th present commissioner now pending before .th Senat Inciud Messrs. Shonts, St vena, Haines, Endl cott, Herrod, Georges and Jackson Smith. Their confirmation la desired In order to remov all doubt as to th legality of certain act they, hav per formed In connection with th mak ing of contract. Th retirement of Messrs. Shonts and Btevena will leav but two vacancies so that there will be two more retirement necessary to make way for th thre army offioera and Senator Blackburn. - , TO PROCEED CONTINUOUSLY, As h told hi callers "to-day th President Is drmlnd that the work on th canal shall proceed con tinuously and thoroughly and tem porary, "dislocations," which . may com a a result of tha resignations of higher official will not be allowed to Interfere with progress. : Th Pres ident la unaware of th specloo reason which have been Influential in prompting Mr. Steven's resignation. ' It la understood, "however, that Mf. Stevens U leaving th government ser vice to accept a position tn connection with a treat engineering enterprise In this country at an annual salary mof thaa doubl that h now re ceives, pom th fovwmnU , V CASE OF THE MILL MM BATTLE OPENS IN GREENSBORO Civil Suit Against E. A. Smith and ' f Sumner Sargent," of Charlotte, Be ; gins ', In ; Federal Court Plaintiff . , Ask $21,000 , Damage for Alleged Violation of Allen Laws In Inducing v Immigration Improperly Regular j ; Jury Accepted Almost to a Man One Negro on It Argument a to Issue, f t"' A; t v ;v-y . .Vf;; Special to Th Observer. ' '. Greensboro, Feb. 28. The case In Ihe civil suit of the United States against Messrs. E. A. Smith ahd Sum ner B. Sargent, of Charlotte, in which Samuel B. Powers and 20 other aliens are asking for. 121,000 in penalties for an alleged violation of the immi gration laws, began her before Judge James E. Boyd this morning. The Jury was selected and complaint and answer -were read and several wit nesses examined. At the pace set to day the trial promises to continue for ten days or two weeks. There is one negro on the Jury. His name is Alvus Gilmer, a darky of the old school, with a. broad face, large lips, wide mouth and pleasant counte nance. While Mr, liolton read his complaint Alvus took four naps. The warm room got the best of him. His eye and hla corpulent body reposed. Th frequent plumbers of Uncle Alvus did not come a a result of a lack of Interest in the proceedings ot the court, for everyone who observed him could see that he labored strenuously to keep awake.' The drowsiness that falls on the country boy in a church during a long sermon had fallen upon the fellow. 1 THE BUXOM BRITONS. While many were watching Uncle Alvus others gased upon the English girls, who had filed Into the court room early in the day and had taken seats on the first three rows of the right end of the court room. The Britons are In fine feather. They do not look down-trodden and poverty stricken, but gay, well-dressed, well fed and happy. Since coming to North Carolina the English lasses have waxed fat "and slick. Having nothing to do but eat, slefep and call on Uncle Sam to pay their bills and being In a delightful climate among generous people, seems to agree with the foreigners. This has been a great day for the girls. They have not had such a merry time since the night of their first dance In Davidson Hall, In Charlotte. Before court convened thla morn ing they talked and giggled among themselves. If they ever suffered for anything they do not show It now. ABLE COUNSEL. This case promises to be very Inter esting. The arVay of legal talent In dicates that On the side of the gov ernment are: Messrs. A. E. Holton, of Winston-Salem; A. L. Coble, of Statesvllle, and Alfred W. Cooley, of Washington, D. C; and on that of the defendant Messrs. C. W. TUlett and T. E. Cansler, of Charlotte, and W. P. Bynum, Jr., of Greensboro. These lawyera are fighters. They guard every point There were a number of spirited tilts to-day. Messrs. TUlett, Cansler and Bynum were on their feet frequently to pro test with objections. Mr. Holton was quite as alert for the plaintiff. Mr. Cooley was a silent worker to-day. Mr. Coble rose once, but resumed his seat without having declared himself. Among th mill men who came here to attend the trial are Messrs. H. H. Boyd, B. C. Dwelle, D. A. Tompkins, B. A. Smith, W. E. Brad ley, Sumner B. Sargent, H. C. Clark, J. W. Kldd, C. M. Patterson, Fred H. White, J. B. Meacham, John R. Ban-on, W. W. Moore, M. O. Stone, Andrew E. Moore, C. E. Dobbins and R. L. Holt At 10:80 o'clock court w.i called to order. Judge Boyd entered, wear ing a long black robe and everybody rose and stood until he was seated. After some preliminary matters were arranging the selecting of a Jury began. The plaintiff accepted the regular Jury as it stood, but the de fendants excused two men and other were called to take their places. Al vus Gilmer Is the only colored person on the Jury. He Is said to be a good cltlsen. THE ALLEGATION STATED. In his complaint Mr. Holton aald this Is a United Statea civil suit to recover $21,000 In penalties from E. A, Smith, Sumner B. Sargent and E. C. Dwelle. The plaintiff charges that the de fendants brought Samuel B. Poweri and 20 others aliens from England to Ellis Island. New York, prepaying their way to have them work In the cotton mills. It Is alleged that Powers waa promised from f 13 to tlS a week for himself, at the same ort-.of work that he was. doing In England and that his wife would be given twice aa much as she was then getting. It was explained here by the attorneys for th defendants that T. M. Costello, who solicited these people In England, was the Immi gration agent ot North Carolina. MR TILLETT SUBMIT8 ISSUES. Mr. Costello Is not here to answer for himself. He has not been seen In the Stat for some time. In dis cussing th Issues in th case, Mr. TUlett said that the element should be separated for the lue& He de clared that there should be mora than 21 cause. Having explained his position on this point Mr. TUlett read the following Insuea which he thought th case should be presented on. . ."1. Did th defendants Smith and Sargent procur the Importation; of Samuel Powers, the alien mentioned tn th first cause of action, by reaion of, th offers, ollcltstlons and prom ises made by the said Smith and Sar gent to and with the aad alien, prior to th time of hla importation as al leged in th complaint T "2. Did the defendants Smith and Sargent at th Urn of th said im portation ot th aald alien know that th offers promised and solicitations mentioned In the complaint had been rgade to and with the said alien? ,". Was th said alien Imported by the defendants Smith and Sargent to do skilled labor? . Could labor of th kind which the said alien , waa imported to do hav been found In this country un employed at th Mm of th Impor tation of th. said alien?. . "8. Ia th plaintiff antltled to recov er of the defendants Smith and Sar gent th penalty of f 1.000 on account ot - th unlawful. Importation, of th aid alien, SamuelTowersf , Judg Boyd tok issue With Mr. TilletL - H did not t th necessity -1 (CaUM4 on Pag SVSB.) DEBATE, ON SHIT SUBSIDY TO CONTINUE . . THROUGH DAY. Many Speeches Made on BUI, Sir. , Grosvenor, of Ohio, Appearing aa 'Principal Cliamplon Conferentw Report on Fortifications Appropria , tlon and Omnibus Revenue Cutter Bill Adopted by Hon Senate ; . Provisions Regarding New Fortlflca ttong Retained as Inserted With Reductions aa to Amount Provls ' Ion for Deep Waterway In North Carolina, From Pamlico Sound to ' ' Beaufort Inlet, Changed for 10 In , etead of 12-Woot Channel, Coat Be ing Limited to $550,000. Washington, Feb. 26. General de bate on the so-called ship subsidy bill waa begun to-day in the House, and under an agreement, continued throughout the day. The rule limit ing tAe general debate to five hours was by unanimous consent amended so that general debate shall run through to-morrow, with a night ses sion from 8 to II o'clock, when the debate will terminate. Many speeches were made on the bill, Mr. Grosvenor, of Ohio, appealing as Its principal champion. Th conference reports on the for tification appropriation bill and the omnibus revenue cutter bill were adopted. All the Senate provlslous regarding fotlflcations at Fort Moul trie, 8. C; Forts Pickens and Mcltee, Fla.; the defenses of Pensaoola, Fla., and Mobile, Ala., and Fort St. Philip, La., were retained as Inserted by the Senate, but with reductions aa to the amounts of the appropriations. The conference reports on the army appropriation bill and the river and harbor bill were presented. The Sen ate provision for a deep water sur vey at Savannah, Oa., waa not ac cepted. There was a change tn the Senate amendment providing for a deep waterway in North Carolina, from Pamlico sound to Beaufort inlet; as to provide for a 10-foot channel in stead of 12 feet, the cost being llmlttd to 1550,000. Among the amendments yielded by the Senate was one making an addi tional appropriation of $70,000 for the western branch at Norfolk, Va. Among the Items retained was one appropriating $371,500 for St. Johns river, opposite Jacksonville, Fla, conferees were appointed on the pustoffic-e appropriation bill after an Ineffectual effort had beeh made to recede and concur In certain Senate amendments relating to the pay of rural letter carriers and railway mall employe An order was adopted authorizing the consideration In the House as in the committee of the whole of private bills reported from certain commit tees. Two veto messages of House bills were received from the President, one of them negativing the Kiowa pasture townsite bill and the other a bill for the relief of a oivillan who served In the civil war. SUNDRY CIVIL BILL PASSED. Measure Carrie an Appropriation of $1H,000,600 Aldrlch Currency BIU , Also Goom Through Senate A S'tim ber of Conference Report Adopted. Washington, Feb. 26. The Senate to-day passed the sundry civil appro priation diu, carrying lll4.ooo.ooo. It also passed the Aldrlch currency bill by a vote of 4S to 144. The currency bill authorises the Issuance of ten dollar gold certificates, to the end that the ton-dollar greenbacks may be broken up Into one, two and five dollar bllle, for which there Is a great demand. It also authorize the de posit for customs receipt In na tional banks as Internal revenue re ceipts are now deposited. It raise from 13,000,000 to $9,000,000 the amount of national bank circulation that may be retired In any one month. Conference reports were adopted on the following appropriation bills: Naval, army, fortification and Dis trict of Columbia. The conference re port on the bill allowing the govern ment the right of appeal In criminal cases was ered to, as wa also that on a bill opening for ettlement 1,000,000 acres of the Roaebud In dian reservation in South Dakota. DISPENSARY FOR WINSTON? rPropoeltlon Excites Much DlncuMilon People Believe Representative Will Allow litem a Vote Temper ance Advocate Said to Oppose. Special to The Observer. Wlneton-Salom Feb. M. The proposi tion to establish a dlsnenaarv in im. city to tnko thn plcn of the 11 saloons Is causing much discussion pro and con A doien or more oltlsens met last night and illecursfil. Informally, the qumiIoii of asking the Forsyth llcpresentatlvea In the Legislature to pats a bill to give Winston a dlspenenry. There was op position to this ami It whs argued by one or more rltltens present that the temperance eli-mcnt would not stand for uch a proposition. Dr. D. Clav r.lllv and Mr. K. E. Gray, spoke and one of the sneakers suca-pated that a mr-tinv of the Antl-gnloon League might he nail ed to tnk- n hand In the fight. nr. j. r. myior was the speaker for the advocates of the dispensary. Th meet Inn adjourned without any action helnir taken. One of those present .nll: "Wb lust talked out and left." The sen timent of the community appenrt to be as statM yesterday mat the KopreHon tntlves In (he lyesfslature will not nut a dispensary upon the people without giv ing the voters an opportunity to say whether they want it. A prtunln-nt cltl- in remarked this morning: 'lt this flpht continue and we tempernnc- forces will vote this town dry." One, of the leading cltlsens hni expressed himself In favor or a dispensary providing the town would establish and oprnte a distillery end make nothing but the "pur stuff." He helds that to try tn ron-a dispensary and h-uy "supplies from Tim, Dick and Harry," would produce graft, beside the goods now purchased sre detrimental to boih the health end character of men. This cltlsen quote physicians a saying that they cannot get any good whiskey for medicinal pur poses Mrs. Mallnda Call, widow of Mr. til Call, died Sunday at her nomo, near Smith Grove, Devle, county. ns was nearly lo years ow, sna was me nrai woman married In Davie after the coun ty was crested In COMMISSION DENIES VmmQX. John Rullard to Pay Death Penalty for Daughter's Murder Frklay, m lea Consumption Clalme Him Be fore That Time. v v Atlanta, Oa,, Feb. .. A petition wa presented to the prison commis sion to-day and denied by that body, for the commutation of the death sentence tor John Dullard, who la to be hanged at . " Marietta. Ga., next Friday for th murder ot hi daugh ter last September. Th ' Suprem Court ha donled a new trial for Bui lard, and a board of physicians has declared him aane. - : It waa declared In th petition that only th Interference of th com mission could save Dullard from thj scaffold, unless' , . consumption, from which he Is said to b dying,, shall nd bit lit oour, ' 4 A-BATJEILL DYGlUliAM MAKES FLAT RATE 3 JJ CENTS. Senator Graham Introduces In Senate v, Bill Making- Flat Rate of 8H Cents ; Per Mile n All Railroad In ; the ,: State HouNe Committee , DiHcnsse Freight lutes Spedlal Order ia r- Senate Thursday utu to Regulate ; Sale of Good in Bulk Paws Sen. ,-' ate Governor Send Message Vrg f : . tag Better Accommodation ; tor v j Branches of Administration. Observer Bureau. V ':' Th Hollaman Building, Raleigh, Feb. 21. , . There waa but little discussion of -the freight rate bill, th special order in the House (n.niM Mannin. , chairman ot the committee," mada .:?-''.:: onei put comprehensive review of it , - . sections, anawerlng many quOon ;A asked aa to particular features.' Doug" j . lass, Dowd and Blckett advocated , : various amendment to th bill on ;r'-r; ; by Douglass, providing that no penal , ty shall be recovered for delayed ahip-V . ment to an amount exceeding threa w-rfV times the value of the goods, bein Kl K; ado D ted. Thft RIcicAtt amanrimui - - - - w m a vane nj on a, V" "' Section 3, which wa adopted, give rfC iu vne corporation commission th ? : ' authority to excuse from the penalties '&. for failure to fu - -- wa fcaaWRKK vy'v"?- roads ot leas than 100 mils in lengtn,T ' terns. The bill as amended passed ' - . Its second reading. ' -.';:'&':. -v Mr. Manning objected to the thlr4" reading a motion to suspend the rule ; v'- : and pass it falling to go the nees. sary two-thirds vote. It Is under- stood that the objection preventing a.H':v final reading to-night waa made by.'',' ; " the chairman and others who had the '; construction and preparation of theW; V bill In charge with the. assistance of 45-5 the corporation commission and ; freignt experts, to move a reconsid- -eratlon of the vote by which the ; amendments were adopted. Th Bick- 7" ett amendment, it la alleged, would T '. mane wie wnoie act unconstitutional.. HEARING ON ANSON PROHTmi TION. There wa a prolonged hearing by the Joint Senate -and House commit- i tees on liquor traffic this afternoon, lasting into the night, over Senator -Redwlne'a bill for prohibition in An son county. There were large dele gations from both sides, Representa-' tive Lockhart and many other promi- ' nent citizens protesting against V legislating the saloons and distilleries ; out of Vadeboro without allowing a vote of the people. They offered to' ' leave It to a vote of the people of tha whole county. The committee reported favorably the bill providing for prohibition by legislative act. The House committee on health re- ' ported unanimously In favor of Dr Gordon's bill establishing a State hos pital for trentment of tuberculosis The Greater Charlotte bill passed Its Ilnal reading, and the House ad journed at 10 o'clock. THE HOUSE. The House met at 10:30, Rev. R. T. Vann offering prayer. The bill pro viding for the creation of Lee county was favorably re nor tod hv th. mltteo London filing the minority . isiiuii,- in- uui was, on motion or, McNeill, made a special order for -Thursday and debate npon It wa llm-- lted to half n hour by each side. The salarios and fees committee re ported unfavorably the bill fixing eal arles for the officers of Wake county, the committee being unanimously op posed to this measure. The committee on education re ported through Jackson the bill pro vldlng for the support of the State i Normal and Industrial College, at ureensooro, and this bill, together with that for the maintenance of th Agricultural and Mechanical College, at Raleigh, was referred to the com mlttee on appropriations; the Normal ' and Industrial bill carries the follow- ' ing appropriations: For annual main tenance $65,000; to complete student building $10,000, for a new dormitory $50,000, and for a science building $50,000. BILLS ARB BORN. Bills were Introduced as follows: Rodwell: To amend the Warrea county road law. Hlckett: To Improve live stock In the State. t I'arks: To change the boundary be tween Ashe and Wilkes. Blanchard: To regulate pay ot Jurors In Perquimans. Blckett: To allow Franklin county to vote on an Issue of road bonds. Price, of Rockingham: To provld ' tor payment of witnesses and Juror summoned as special veniremen. ' Watts: To establish a school district out of parts of Iredell and Alexander. . Orlcr: To protect game in Mecklen- . burc. Gilliam: To allow Windsor to con vey certain property to graded school. Wood: To allow Randleman to Is-', sue bonds and to amend Its charter. Owens: To authorise the bondsmen ' of A. W. Aman. the defaulting and " absconding sheriff of Sampson county,1 to collect his taxes. Gallert: To give Rutherford th road law. McRae: To allow Rowland to Issue bonds. i.-. Preston: to allow Charlotte to issue . bonds and provide for tnelr payment. ''. , Hollowell: To authorise Wayne t . ' . levy a special tax. ; ; ' Wood: To allow Randolph to Tot V. and to allow Ashebro to Issue school . ; oonaa i Owen: To allow Sampson county t : - offer a reward for th defaulting sheriff. ".Vvv-i"' Gaston: To amend the-Revlsal r-."; gardlng the tax on real estate, dealers. , . Parker: To validate probatea by th ' ;'. clerk of Jones court. ' v : '' rtnltnn. T7. Vardlna- thn llahllltv , of ': common carrier to employe. ,"v , A resolution wa oreerea oy ucnii , amending th rule by providing that ' V.. fl-.f A.- A ..Minx nf J a ill V lis ut J - a ltv ajTir-BivH V . the House member shall draw for seats. ; " " "'-.'':!'v V ENLARGEMENT OF CAPITOL. Y ' A message waa received from Gov ernor Glenn regarding the- rental ot storage of book! and record and for US Dy in liuurinn ,ur(u iiiiuu, stating that In renting these buildings th council of Stat had stretched It authority to the, utmost. H recom- i mended either the enlargement of the 1 Capitol or a hall of history to cover the present needs. The message was referred to . th committee on publio bultdjng and ground, Morton, ot thla committee.-said that at a Joint session' of the Senate and House com mlttees on this subject, 1t had ba agreed to report favorably a bill pro. Tiding tor the expenditure of $50,001 a year toward the' erection of a building, and that It wa propos -1 to build. first,, at a cost of $l9,G3l fv.
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 27, 1907, edition 1
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