Newspapers / The Charlotte Observer (Charlotte, … / Feb. 28, 1907, edition 1 / Page 1
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; i ': 1 jj j 1 - i ' ' ; 4 SUBSCRIPTION . HUGE : - $3.00 PER YEAR. CHARLOTTE, N. 0., TIIU PS ! AY MORNING, FEB RUARY 28, 1907. PIUCE ITVE CENT. P I.: AYIFE'APPEAES IN COUET MRS. BYWATEKS TIXLS BTOKY Altltough Pale and Wad Wife of Mur dered lUn, after Being Rolled Into : Court In Invalid's. Chair .Main tains Her Composure , and r Com Iilctea Direct and Cross-Examlna tlon by Noon Adjournment De ' scribes Restless Desire of Bywa utm to Leave Her ".. Within Short - Time After Marriage Ceremony " V and Then . of t Brother' ' Opening ' lire Upon Him tory Supplrment V l by .Testimony of Mrs. G.. lu Gaines and George French gtrother, Culpepper, ':Va. .FeW . tMisv'wiJk liamVBywater,Vwhose;' husband iwas'' killed by her brother i: James an4 PhJHp Btrother, on the night of De cember 1 1 last, a few moments after his marriage , ,prln clpal wUnest i In, Cthelr ''trial to? ' dmjr.'il Ske'waa, p1aoe4';' on . the tan4t . by counsel'j r';rtifJdefen;,iid.;j al though pale and van and being oom yelled to come- Into court In an'.ln- valld'e chair, she maintained her com , posure land when court adjourned tor -.lunoheon, ' had ; completed he direct f fend cross-examination. ,' Beginning , with ' ,Je early association ; with ' the Ae4'liai';'l;witlii; her tova for; Jiiro " she told the Jury 'of her.betrayai m . der premise of marriage, of her plead ings ; with Bywaters to make repara : "tlon, of Bywaters' insistence upon a ' criminal operation, of -.her refusal at ' first and then ' her ; agreement and ' visits to Washington In company with Bywaters where two operations were . performed. ; She described how, when her condition became known to vher brothers and , she broke down End confessed, they demanded of her be trayer that he Immediately marry her. In answer to a question she said that he did not think Bywaters at first Intended to marry her. She describ ed the restless desire of Bywaters to leave her within a short time after the ceremony and then ot her broth er's opening fire upon him, ' -She was unable to give mlnut details of the hooting as she was too overcome by the excitement ot th moment Mrs. Bywaters story was supple mented hy the testimony of Mrs. . George L. Gaines and George French ' Btrothar, sister and brother of the de fendants. To-morrow , James and Philip gtrother. the principals in the killing of Bywaters, will be called to the witness stand. MRS. BYWATERS A WITNESS. treL" V?,, WM' h6r "howlng ?A( ncw. Md rorng. Mrs. Bywaters was wheeled Into the court jfL ,ck "Oman passed her seat'n.me? ',nd Ph",p ' ErJh . n.!h ,nc,M,. surrounded h ' uhrtt "orneys. she smiled r patheOcally at them, and they In turn gave back a smile of encourage ment. . After some delay over a consulta tion between the defense and prose cution, the Invalid in her chair with Its occupant, were placed on the wlt , ness stand, Mrs. Bywaters began her testimony. ' . ( "My-child," began Attorney Lee. Too have been called to tell the ;tory of the ead and regretable affair which resulted Jn.the death of your husband. William F. Bywaters. and your relations with him preceding that time." .ue- After some hesitancy, Mrs. By waters, under the deferential ques tioning of Attorney Lee, slowly re lated her story. Mrs. Bywaters testified that she was J I years old, and that she had known Bywaters since she was a lit tle child. At that time, she said, he treated her as a brother would. He became more affectionate after her father's death In 1904. and .the wit ness replying to a question, said that , her improper relations with Bywaters . began about four months before her mother's death, which was about 14 months after her father had died. ' TO WASHINGTON ALONE. vWhen she realised he condition he spoke to Bywaters and he said that she was mistaken. Later By waters suggested a criminal opera tion. Bhe said she had no Idea ' what such an operation meant and she did not know anything etseto do. i Finally she consented, and early tn October she went to Washington. Bywaters did not accompany her, but went on a later train the same day. it was then too late to see a doctor, so they went to a hotel -where they passed the night and the .next day went to Dr. Leon's office , and she was operated upon. The "operation, she testified, was not suc cessful 'and two weeks later they returned to Washington and went to ' nee another physician, a Dr. Walters. ." This One MM umiM aI An anv. ; n thing for her, and advised , Bywatrs '".' and herself to get. married, v. - At this i point the witness was questioned regarding one of her ' : 4 brothers seeing Bywaters coming from the direction of her room, at . - night She skid t that when ques , . tloned about It she entered a denial v - of their relations. ' j v.; A letter waa Identified by the wit- rest from Bywaters, addressed to r .,;. , 'My Dear Own XoM, nd signed .. .; Tours Forever. Billy.', ,Th letter, ; ..the witness explained, was written In Washington and It contslned a sute 0, Lament admitting, the .wrong ; he had vHnone, speaking highly of th4 Btrother vJJimlly, and telling of the excuse .,-f they could make for his conduct the night, her brother had seen him ' -acrese the hall from her voom. By v waters also said in the letter that he ,.. had suffered' more than, he ever be v ' fore had suffered and said the trouble -."wm almost killing him. r - j; . V imuu viaix. ao wabihnoton.; ' cMrs. Bywaters testified 'that - "&r : waters Insisted on a third visit to Washington and she finally consented to go. Me went to Washington on Monday to attend the races srd she ' went thsre the following Wednesday. The train was late and they did nt the doctor- until the next day. I That, was Thanksgiving Day and the doctor refused to work on a holiday, Me flnallv performed an nf ration , w.th Instruments. ' The witness. said thst, although she was suitertng ex ' cntolattng pain,' she had to walk from the hotol to the street cr. no cnr- JOontlnued t)o Page Four.) MAY BE AN. OFFICIAL OriXION Attorney' General AVill Probably Be Aked to Jialfe Answen as to Whether South Carolina Aliens Were) Lawfuly or Unlawf ally Land- 'V.;',;',Vv.-'.Vr.-'W-'; -. Washington, Feb. 27.,- The failure of Secretary ,etrftis, ! of : the Depart ment of Commerce, to make direct re sponse to ! the recent ' Inquiry of the House as to whether the alien labor ers who, bad been brought Into South Carolina as the result of the efforts of k Commissioner Watson, -.of that State,, were lawfully landed, will prob ably result in an official opinion -by the attorney general on - the subject. When, the Secretary's reply was receiv ed it war, found that he . had simply forwarded a copy of a decision by his predecessor holding that Mr. .Watson had not violated the contract labor law, ; but ?: Representative . '-Gardner, author of. the resolution of Inquiry, took prompt; exception : to this re sponse, contending . that It ,was not complete' -4 that itt tail ed to-r treat ''v'the:.'; question aa connected with the immigrants thenw selvea - The committee oa Immigration- then presented a request to tne President that the matter be referred to the v Attorney General. This re- Suest has beenr granted and It Is un erstood that the -; matter ' will be promptly 1 taken up S by the Depart ment of Justlca . Jt Is said that ex tensive preparations', for' the - Im portation ; of A laborer v into several States have been made as a result of the ruling of ' the Department - of Commerce in the South Carolina case and it J asserted. that many of these imported laborers . while ostensibly Imported to work on Southern farms, are in reality, destined tor the North. , C TO VISIT JAMESTOWN, V House Accepts Invitation of President !; Tucker,- of Exposition Company, and Delegates are Appointed to. Attend. . Washington, Feb.', tT--The House to-day accepted the formal invitation of President Harry St George Tucker, of the ' Jamestown Exposition, to at tend the formal opening of the 'ter centennial of the settlement of James town on April J6th, 1907, and adopted a resolution offered by Mr. Maynard, of Virginia, that 10 Senators and IS Representatives of the Stth Congress be appointed to attend -the same. An invitation to the Vice Presi dent and the Senate to attend the opening on April 24 next, of the Jamestown ter-csntennlal exposition was received from President Tucker, ot the exposition company. It was read to the Senate, but no action was taken. MA J. GEnI GRANT AT CAPITAL. In Conference' With Gen. Bell Date For Going Into Camp at James town Is Hied. Washington, Feb. 17. Major Gen eral Frederick D. Grant, commanding the Department of the East, who will have command of all the troops at the Jamestown 'Exposition, arrived here this i morning from Jamestown, where he inspected the site of the proposed military xamp... He. had a conference with General Bell, chief ot staff, as a result , of which orders will be Issued' for the fol lowing, named . troops to go Into" camp at the Jamestown Exposition: The Twenty-third Infan try, now stationed at Fort Snellng, Minn.; one squadron of the Twelfth Cavalry, at Fort Oglethorpe, near Atlanta, Ga; one battery of field ar tillery, at Fort Meyer,' Va., and a company of the hospital corps, sta tioned at Washington barracks. WOMAN MURDERED IN STORE Criminal After Looting Money Draw er al Stealing Quantity of Cigars, Makes Escape Through Settled Section. . Pawtucket. R. I., Feb, 27. Mrs. Alex ander Henderson waa murdered In her little candy store here to-day, by a rob ber, who after emptying the money drawer and stealing a quantity or claars. mnde his escape through a settled section of the city, leaving a bens nlm a trail ot Wood. Mrs. Henderson1' conducted a small tore in Brooks street, and made her home in rooms above It. A boy discover ed the body on the floor with the face and shoulders covered with blood. A bloody axe lay nearby, but all inquiries In the neighborhood failed to disclose any one who had seen any suspicious character about the plaoa during the af ternoon.. " V ' "i "i i i ' i", nil PROSECUTION TO CONTINUE. Tobacco Trust May Again Be Hauled Into Courts. Washington, Feb. 77. A decision was reached at a conference at the White House to-day that the prosecution Inau gurated some time ago in New York against the tobacco trust shall be con tinued. Announcement tn this effect was mode at the conclusion of the conference which waa- participated In by Attorney Qeneral Bonaparte and Henry W. Taft, of New York, a brother of the Seore tary of War, who until recently was In charge of the prosecution of these rasea, and Henry L. Stlmson. United States attorney for the southern dlstrlot of New York. Messrs. Taft and Stlmson left for New York Immediately after the conference. Mr. Taffs place in the con duct of the prosecution has been taken by Mr. McReynoIds. i - - ' i . i i TN PORTLAND, ORE., FEB. 18. Miming s Banker Registered Under Name ot Scther. .'New . Tork, Feb. 17. A : local de tective agency engaged to trace Wll Ham F. Walker, the missing bank treasurer of New Britain, Conn- an nounced to-day that Walker stopped at -the Portland 'Hotel, at .Portland, Ore., --the night of February 18, giving the name of W. D. 8ether.. , An acquaintance .whd knew Walker but slightly, recognised him while he was In Portland. When he left Portland on Feb. II he was bound for Vancouver, ' B.",CW and probably thence for the Orient , PRESIDENT ASKS .STATEMENTS Executive Interested In Recent Sub v Treasury -Shortage. Washington, " Feb. 17.- President Roosevelt has taken up with Secre tary Shaw the matter of the shortage ef il7S,000. recently discovered In the Chicago sub-Treasury -He asked the Secretary for the statement, as to the shortage and the facta. The, Presi dent also asked the ecrerary tor a statement of the shortage recently discovered In the St Louis sub-Treasury, whlch.amounu to 141.000. , : , ' t -i 'i ' 1 ' Rhode Island ' ' LeglHlature ; Falls ' to . . Elect tT. 8. Senator. Providence, 1 R,' I., Feb. 17 .---The State Legislature . failed : to-day to elect a United States Senator on the 18th ballot the record for United States Senstorshlp contests in Rhode Island. Thirty-two years ago Gener al Amrose E. Burnslde on the tlth ballot defeated his seven opponents. The balloting to-day gave Colonel Ooddard 41 votes; Colonel Colt 17; Bmator Wotmore 19 and ex-Governor .Utter U. ' '.-- ., , .. .- HOT SPEECH BY j QYEBilAN RESENTS IRREGULAR METHODS. Tar Heel Senator ' Says Amendment Calling For Appropriation $9200,000 for Locks and Dams on Upper Cape l'car Waa Passed by Senate Only to s? be Faced, by Report . of Engineers k, Who on Sapernclal Inrcstteation i Advise " Less y Expensive ; .Method Than That Agreed On Wadcsboro v Bank Government Depository. ' , BY W, A. HILDEBbANP.' . ' k-i Observer' Bureau.'-''.Vi ., 1417 O. Street N. W.. U. rm -;,r Washington. Feb.. 87 t The introduction of . the. river and harbor bill in the Senate to-day brought on some interesting, develop menta r Senator Overman went on the war path. He said in open Sen ates ''Mr. President: I. desire to pro test against some 1 of ; the , methods which have been adopted In regard to the report upon Items, which had been adopted and placed upon the: bill as It passed i! the Senate. I , Introduced an, amendment in the Benate- for an kppropriaUon of $200,000 to be ex pended in the construction of locks and dams upon the tipper ape Fear river, That question has been before Congress:: for several ' years. The scheme Is feaajble and It has been es timated i,l or by the engineers: . the amount estimated being 11,300,000. t understand that the land necessary for one ot the locks ; ana Jams has been purchased. Now we have here the printed reports as sent' by 4he engineers, but with - the : amendment is Adopted by the Senate and it goes before the committee of conference, we are met with the written supplemental report or some sort of reports How it got here I do not know.., Somebody has sent certain engineers down- there since Congress has been In session, as I have been informed. ';XviV)',5. , ' UNFAIR TO THE SENATE. "I understand they went there and simply rode down the river. They sent to the Houia a written report to the effect that probably they might adopt a scheme tor this ImDrovement Iwhlch would be cheaper. . I protest aaainsi. -vnai way OI doing OUSineSS. U Is unfair to the Senates to ay the least of It That report ought to be before the Senate here and printed as the other reports upon this - subject have. If the Secretary of .War or the engineer wanted to have the mat ter investigated, It should have been done before this session of Congress assembled. And the report ahould have come up here as other reports have come. I have nqt been able to get a copy of the report, although I have tried time and gain to do so. I repeat that they have some sort of re port before the conference committee suggesting that in lieu of the proposi tion contained in the amendment adopted by the Senate, another survey be made. I should like to get some Information regardlivg the matter. I should like to know why these en gineers were gent there and by whose authority and why this matter was not reported on before. I seems to me, we have been done for some pur pose In order to prevent this appro priation. It is an outrage upon the Senate., We are entitled ta.eea.th4 report I repeat, I want to . protest agalnat thai method of doing business. It is evident that someone has been trying to defeat this appropriation by unfair means. I wish to say further, and to give notice that If this appro priation Is defeated by these methods, at the next session of Congress when the river and harbor bill comes up for consideration and the Upper Cape Fear river is not provided for. I shall do all In my power to see that no bill of this kind passes." REASONS FOR PROJECT'S FAIL URE. Some members of the North Caroli na delegation to-day received letters from persons In Faycttevllle who are Interested, and from these messages it is apparent that the causes of the de defeat of this project are not prop erly understood. By way of removing this apprehension ithe writer sought a statement from Senator Barry, the Senate conferee on the part of the minority who has manifested as much Interest in these North Carolina matters as he has In the legislative projeca or nia own or another State. Senator Berry said that the reason this appropriation was not allowed was because of the fact that the board of engineers had made an adverse report, holding ithat before any appropriation Is made f or th work above Wilming ton an additional Investigation should ne made witn the view of reducing the number of the proposed docks and dams, and otherwise adopt that eco nomical plan of - improvement Tne bill directs this additional Investiga tion, he said, but the House confer ees would not ' under any circum stances go further than this, although both the North Carolina Senators had done all In their power to secure the adoption of the amendment. Nor, continued Senator Berry, was one project dependent upon the other. If there had been no inland water way schema-the aoum conferees woulu not have agreed to accept the Cape Fear amendment and the Sen ate conferees could not, In the face of the adverse- report from the engineers, do otherwise than accede to the views of Chairman Burton, of, the House committee, Ths contention of Chair man Burton la how as heretofore, that there Is not half enough' commerce on the Upper ;Caps Fear, to warrant such an expenditure as. that contemplated. SMALL DID GOOD WORK. . Representative Jones, of ' Washing ton, very much deprecates the hos tile attitude of Chairman Burton to ward some of ths North Carolina pro- tects. He thinks the ' House - should iav taked-some action on the bill of Mr. Small relating to the Inland wa terway slong.whlle ago, and he says the North Carolina member : enlist d ths sympathetic support of most of ths Mouse membership In his ad vocacy of ithls great 1 scheme. Mr. Jones was a member of a congression al party that made the trip over ths route or ins proposes, inland 'water way last summer, and since that time ha has always been ready to supple ment ths efforts of Mr. Small. Through the efforts - ot Senator Overman the bank at Wadesboro has been made a government depository, and 110,000 will be placed on de posit there. Senator Overman has se cured the adoption of an amendment Increasing the appropriation for Im provements oa the Aihviiiev public building from 150,000 to 148.00 0. and the bill has gone to conference. , Exchango to Eliminate Several Grades -.'v.v of Cotton. . ; New York, 'Feb. 17 Ths New York Cotton Exchange to-day In structed Its board of managers to draw up a . resolution which will eliminate' several grades of. cotton from deliveries " on ' contraot. '. Ths grades proposed to be eliminated are Strict to middling stained, low mid dling tinged and good ordinary white. Ths exchange will meet (gala to get a ths rasoiution, '. : GOOD; MY FOR DEFENSE NO EVIDENCE OF CONSPIRACY Government ' Attorneys Routed by Those of Defense, Assisted by Judge HoydUls Honor Says There Is No Kvldcnce of Conspiracy and Bus tains Objections to Testimony of . What Costcllo Told Immigrants- Says Governor Is Guilty If Gov ' ernment's Contentions Are True ' Several Witnesses Testify. Special to The Observer. Greensboro, Feb. S7.-Mes8ra Til lett, Canaler and, Bynum', representing the defendants In the case of the United ' States' V against Messrs. JB. A. Smith and Sumner B. Sargent of Charlotte, charged with violating the Immigration law, outgeneralled Dis trict Attorney Holton, - Assistant At torney General Coojey, and Assistant District Attorney Coble at every turn to-day. . ..When-Mr. Holton put Olive Drake, one ; of the English girls, on the witness stand and asked her what talk she had 'had with Thomas Cos tello before coming to. this country to work, Mr. Bynum rose and made a very forceful elaborate and con vincing ' argument against admitting such testimony as It was plainly evi dent" that the- government was going to try to bring out jHe was followed by Mr, Canslerv fot the defendants, and Messrs. Cooley, Coble and Hol ton, for ths plaintiffs, and Mr. Til lett, tor the defendants, in the order named, yi',; BLOW ,TO GOVERNMENT COUN- BEL. : It was claimed by the government that Costello, Smith and Sargent had formed a conspiracy to Import cot ton mill operatives.. Judge Boyd hejd with the attorneys for the defendants, who had declared that no evidence of an unlawful agreement had been produced and: shut eft the testimony of the Drake girl. In declaring him self .Judge -Boyd said: "Governor Glenn, who signed Costello's com mission, is as guilty of conspiracy as Smith and Sargent are If the con tentions of ths government are true' This was the blow that almost de stroyed Messrs. ' Holton, Coble and Cooley, for It demoralised them. As the decision 'fell from the lips of Judge Boyd, the friends of the de fendants heaved a sigh of relief. The decisive battle of the war seems to have been-won Mr. Holton Is a. very resourceful, man, but he lacks the elements of a great fighter, for he has not the power or the clever ness to discriminate between a ha bitual law-breaking moonshiner and a highly esteemed, well-ordered, In dustrious cotton ' manufacturer. The smart, shrewd, courageous district attorney made a great mistake to day when he put Messrs. Smith and Sargent in a class With common liars and rascals., " He- may rally and come into court, with his forcea well formed In the morning, but he will never recover from the little speech he made. His argument was clever but mean. . Mr. HoUon mads another er1oswilsUlce-aid 4hat was when he put Mr. A. C. Hutchinson on the stand before the witness had left the chair. Common laymen saw that he had hurt the government and helped the defendants. Court convened a few minutes after 10 O'clock this morning. The English girls, In their best clothes, occupied three seats on the right hand side of the main hall of the court house. They are still happy. Miss Olive Drake, the heroine of the party, who had been before the court as a witness and given her testimony, . wore a per petual smile on her face. Mr. R. W. Smith, postmaster of Charlotte, was the first witness called. ' He Identified the handwrit ing of Mr. E. A. Smith. Mr. Edwin Erwln, selling agent for Mr. Smith's mills, identified a letter that Mr. Smith had sent to him to send $2,500 to Thos. M. Cos tello, at Bolton, Eng. The letter, which was put In evidence, ex plained' that Costello was ' abroad dolnar some Durchaslnsr for the rSmlth mills. . . MR. HUTCHINSON TALKS. Mr. A C. Hutchinson, being sworn. said: T was secretary and treasurer Of the Continental Mills last year I belonged to the Charlotte Textile Club, which met frequently at the Boutnern Manufacturers Club. Smith and Sargent attended ths meetings. They, with other members,' discussed the scarcity and demoralisation of cotton mill help. We talked about getting operatives. Mr. T. M. Cos tello said there were plenty of people In England and Ireland who would like to come to this country. ' He de clared that the mill operatives were unemployed and that wages In the old country were low. "We agreed that wa would like to have the English people over hare. We sent for our attorney, Mr. T. C. Guthrie, and went over the immigra tion law. Everybody understood the law. Nothtng further was said about ths matter then. It, I think, was turned over to Musts. ' Smith and Sargent, and they ' hadv Governor Glenn ttf appoint Mrv Costello- Immi gration int of North ;-Carojna. f was generally known -and' agreed that If we sent over and hired the foreigners we would be breaking the law.. We knew that Costello had gone as a representative or agent ot the State.? , , ,. . Mr. Tlllett cross-examined ths wltnesi" rV'-IH'.-' ' -"The Textile Club was ,; organised for the purpose, of seeing If labor conditions ceuld not be - Improved," said Mr. Hutchinson. "There was a shortage of help and what we had mrmm . rtumorallsed. , ; The club ; was nothing more - than 1 an association of the cotton mills or Charlotte . and vicinity. Ths mills, not the officers, were the real members." - . , -. 'v intinm n nwn ATtvrt "My mill was (hort 15 per cent" of ths operatives required to run It. I worked, as a rule, about 17S persona One-fourth of our ( machinery was Idle., There was no unemployed help available in this country. , The same conditions prevailed throughout the Charlotte- mill territory. Ths desire was for cotton mill operatives . and nothtng else. ' ' . : ; - .- - I recall that Mr, D -A Tompkins suggested In the club that we should do as South Carolina had dons and have an Immigration agent ap pointed. This , plan was adopted. Costello, who had lived tn England) said that he knew ths laws and could go over and get operatives without violating them.' He said. that thou sands would be glad to come without making ..any contracts, explaining that they had nothing to do and (CrnUnued ea Psge gtvea. EVANS IS CROSS EXA SIINED COMMISSION LV LUNACY LIKELY". Mr. Jerome Gives Farther Indication of Purpose to Ask Report on pres ent Condition of Thaw's Mind Dr. Hamilton,. One of Defense Alienists, , to be Called as Witness la Rebuttal Thaw Family Physician, Dr. Blng aman, Called to Stand For Short Time, But Objected to by Mr. Del mas Because He Had Not Qualified as an Expert Witness Mrs,' Thaw - Re-Called For a Few Questions ; Omitted In Lone Cross-Examlna-. tlon Delmas Announces That De ; tense Will Conclude This. Week. , , New.Tork'Feb.Tnterest In the Thawftriai to-day entered,' In ths manouevres of District Attorney Je rome, who seemed to give further in dication of his purpose In the near future to apply to the 'court for a commission in lunwry to report upon the present condition ot the defen dant's mind. The witness stand tor the greater-part of, the day was oo cupied by Dr, Britton D. Evans, di rector ot the New Jersey Hospital for the Insane at Morris Plains, N. J., an alienist for the defense who was up forj oross-examlnsllon. Mr. (Jerome seemed to dlret his efforts at getting from Dr. Evans Information as to the exact recognised forms of Insanity from which the expert declared Harry Thaw was suffering at the time of the "brain storm" which resulted 'in the killing of White. Dr. Evans had testified that In his will Thaw displayed- evidences of a melancholio state , of tnind. . The district attorney dwelt for' an hour or more upon the subject of melancholia and then ask ed the expert If it was not true that in acute melancholia there Is a recur rence of the affliction in at least one third of ail classes. Dr. Evans said there was. Mr. Jerome said he intended calling as a witness In rebuttal . Dr. Allan MacLane Hamilton, the alenlst who was employed by the defense, but who has not heretofore figured in the trial. Dr. Hamilton recently returned from Europe and In a published in terview Just after he landed, was re ported to have said that he came to the conclusion that Thaw was insane at the time of the tragedy and that he is Insane now. BINGAMAN TO BE CALLED. The district attorney stated also that he would call Dr. Charles F. Blngaman, tof Pittsburg, the Thaw family physician, is - rebuttal. Dr. Blngaman was on the stand for a short time to-day, but Mr. Delmaa objected when Mr. Jerome started in to cross-examine the physician as to insanity in the Thaw family on the ground that ths witness had not qual ified as an expert. Mr. Jerome there upon told Dr. Blngaman to hold him self in readiness to take the stand for the State. Dr. Blngaman told to-day of visit ing Thaw In"' the Tombs during August last, when the prisoner seem ed much depressed and suffered from the . delusion that a conspiracy had been formed against him, complain ing that he was not allowed to put paper over the grating in his cell door because "they" wanted the cold air to blow In and give him pneu monia, so he would die and his case never come to trial. By recalling Mrs. Evelyn Nesbit Thaw to the stand for a few questions which , he had omitted on his long cross-examlaatlon. Mr. Jerome early to-day Indicated that he would call Howard Nesbit her brother, to con tradict her in a matter of credibility. He asked Mrs. Thaw If she had not told her brother that Thaw had treat ed her cruelly while abroad because she refused to tell lies about Stanford White and say he had drugged and mistreated her. He also wanted to know If the brother had not bought her a pistol with which she might de fend herself against Thaw. The de fendant's wife denied absolutely that there was any truth in any of these statements and She said she never had owned or carried a pistol In her life. DEFENSE .CONCLUDES THIS WEEK Mr. Oelmas announced to-day that the defense would conclude Its ease this week. This, howover, was upon the assumption that District Attorney Jerome would conclude his cross-examinations of Dra Evans and Wagner bo-day. Mr, ,. Jeromd did not even finish with Dr. Evans and he will be recalled to-morrow morning. Dr. John T. Deemar, the physician to Mrs Wm. Thaw's family, will follow Dr. Evans and then will come Dr. Wagner. Attar these have testified, Mrs William Thaw herself will take ths stand, according to present plans. The defense may, therefore, conclude by Monday or Tuesday of next week. If Mr. Jerome moves for a lunacy commission, it is expected he will do so during the taking of the rebuttal testimony next week. It was expected that Dr. Evans and Mr. Jsrome would have a lively duel during the cross-examination of Dr. Evans, but there were only one or two clashes in which the honors ap peared to be about evenly divided. The Interest dragged at times and Mr. Jerome hardly raised his voice above the low plane he so frequently as sumes. After Mrs Thaw and Dr. Blngaman liad testified briefly to-day Dr. britton D. Evans was oalle4 for cross-examination. Ur. Evans Is one of the principal wit nesses for the defense and the district attorney set out to make- bis examina tion a most thorough one. air. Delmaa was constantly on his feet with ob jections which Justice Fltsgerald In nearly every Instance sustained. The judge further warned the district attor ner that he was taking too wide a latl- . DR. EVANS QUALIFIED : After an exhaustive series ot questions ss to Dr. Evans' qualifications aa an ex pert in Insanity cases, Mr. Jerome reed to ths doctor portions of - the tatter's testimony In another ense. In which he stated that , all eases ot insanity could be claened under Ove grand divisions, v. Jerome took these divisions ud one t a. tint and ked him If Thaw now or at any time suffered from that particular Oiass. Kliocy, unifcimr avinaniin were dismissed. When It earns to mel ancholia. Dr. Evana said be was of the opinion that at one time Thaw suffered from an insune condition of the mind which might be cln-aed under the grand divlnlon of melanetiolia, i ' . "Have you an ouimon as to his pres ent mental condition. r (' , ; "l nave an opinion, , mil , ia inaoo- "The question Is. do you consider Thaw demented to-dnyT'' ' i - .- j ,"No," replied Dr. Evana ' .', "In your opinion, .was he evsr (ee- jnentedT" '' '-f.'V;.. . ,m. " uM Dr. Cvana. .', J , " "At what time did Thaw suffer from Insane melanchoUeT" . ' ' ."Ycu tried to got me to say It was maUnnholla." rl,llJ 1T. RvanB. "hilt I eld It was In a melancholia state Of mind. It was a depreeeed stale, but not a dlstlnet or fixed form of melancholia." "At what time was h so sufterlns." "1 ehmild amy shout the time of his mnertag and the maJUns of hie will.'' "Xet bUr, taen, last be, was la sane at the time of his marrlasret" "He waa not mentally sound at that timethere waa temporary aberration," "Based solely on your examinations, and excluding everything else, do you think be .was suffering grom melan cholia at any .other time?",- asked Mr. Jerome." i , ; t".1: 'I bellava that kt the time Of the shooting and a little before he was In a depressed or melancholic condition." . NO POSITIVE STATEMENT. Mr. Jorntna tritA tn .tim the doctor down to a noaltlva statement that he could, by hla examinations, and exclud ing everything else, state wnetiier or not Thaw was suuerina Xrom melancholia on April 14, 1906, the day of bis marriage. This, ths doctor : would not state . posi tively, ' . .i "But br takins into consideration ' the will and ooalcll as well, can you state w newer no was; insane at tne tune o. bis marriage t" : '"(..l . .-..v.:---- "Tes, as I have said. I think be was of unsound mind. I could not classify it,, for Jt might change from one form to another. ..-.,., .Attorney Jerome handed the witness a copy of the Thaw will and asked him to point out the mental depression, la it "xou can't point out depression on a piece of paper," said Dr. Evans. He then read DararraDh S of the will. In which Thaw provided a fund of 160.- 000 for the prosecution of any persons who might be suspected in connection witn ms taxing ore. . This." explained by svens. -snoweu a perturbation of mind, an agitation and apprehenslveness. li this does not constitute a melancholio state, then I am mistaken In my construction of the phrase." s "xou are nere wun tne permission oi your directors, 1 suppose," broke in Mr. Jerome suddenly. "Yes, one is here In this room, the chairman ot the medical committee." 'You have the permission In wrtungT" 'Whv well, in the first olace I don't think It's any of your business." Mr. Jerome did not continue on tne Subject. 'How ions aid tms defendant suffer from this melancholia?" asked the dis trict attorney. "That is something I could not say." "How Ions does this state usually last In a person afflicted with simple or de lualonary Insanity T" 'it varies areauy. sometimes enty one day." , RECOVERY WOULD BE UNUSUAI "Do you know enough about this sub ject to say whether or not such a re covery would be unusual?" i snouia say it wouia. 'Did you ever heVr of such a case?" 'I have had cases clear ud durins tne night due to a thorough clearing out ot the organs of the boay." "Isn't It true persons suffering from melancholia write Ions letters com plaining ot 111 treatment and talk con tinually?" . -Home urnes. 'Did the letters you read here on the stand the other day show any signs of melancholia?" . ... . "I don't remember, ir you win snow them to me I will see." "Did vou ever read these letters or copies of them before you read thorn on the stand." Dr. Evnns said he had not- Dr. Kvana promised to read the letters snd all oth er documents in evidence In Thaw's writing this evening and be ready for a continuation of his cross-examination to morrow morning. Dtirinr the cross-examination ot Dr. Rvans, Thaw began to write rapidly, and told the reporters that he was preparing a statement. Ill action attracted atten tion of hie lawyers who apparently wished to dissuade the defendant from making a formal statement public. Hnwver. the following, written upon a scrap of paper nnauy reacnea ine press table: "This Is the second statement Mr. Thaw has made alnca August 10th. 'With chances a. minion to one agunsc her. It is wonderful thst Mrs. ThfcWs testimony prevailed against the district ... ...1 kl kl.nk lava" DuHna- the recess to-day Mr. O Rellly nleaded with District Attorney Jerome fn tuurniliiiilnn for Evelyn Nesbit Thaw to remain In the oourt room now that her testimony is .conciuaea. "T ffiiM we had better keen her out," said Mr. Jerome. TRIES TO KILL HIMSELF. Thomas Browning Takes Laudanum, Thinking Work Will Be at an End Attempt Falls Traonrra j&tpect Ing a Good Time at Durham. Scecial to The Oteerver. Durham, Fob. 27. The announcement was given out here -this afternoon thst the executive committee of the North Carolina Teachers' Assembly has decided to hold the next annual meeting In this city, this meeting being June 11 to 14, in clusive. Charlotte and Morehead City aaked for the mating, but the commit tee, after carefully considering the invi tations and canvassing the situation, de cided to meet In Durham. It Is probable that a special teachers' train will run from Durhsm to Norfolk to carry the teachers to the Jamestown Exposition. This will be a drawing card and. It Is expected, the attendance ot several- hundred. The record of last year will be broken. Late this evening, Tho:iu Iirownlng, a young man. nttiinu.Ki suieioe by drinking two h fl- ui' Uudunum. No cause is given for tin- act. A pnysicisn was soon with him and his life waa sav ed, as it was learned late to-night that ha waa rettinc along very well. Brown ing quit the place he was working, say Ing he would never work any more In this life, in a tew minutes ne empuou the contents of two ounce-bottles of laudanum Into a dipper and drank the drug. Ho has a young wife, but no children. Pool Selling on Horse-Races Prevent ed. Little Rock, Ark., Feb. 17. -Acting Governor John I. Moore to-day signed the bill introduced by Senator Amis and recently passed by both houses of the State Legislature which pro hibits pool selling on horse races In Arkansas. Inasmuch as the bill be comes effective Immediately, It may V ern A rl.1l, tha . meeting now In progress at OakTawTrH track, Hot Sprlnga Client 1st Found Dead In Room. Pittsburg. Feb. IT. Prof. T. M. Taylor, of ths chemistry department ot ths Carnegie Technical School, was found dead to-day In his room at the residence of Mrs. W. H. Hartsell, of No. II. Halke street There was a bullet wound. behind his left ear, and a new revolver wna lyms vu uiv uuum Nervous break down, following over t work, is said to have been the cause of the suicide. ' He waa II years old, single and formerly lived at Oberlla, O. ..r': -:' --K . ' .- '..-'' 'Tbreo Killed by Passengrr Train. Baltimore, V Feb. 17. railing to hear warnings while at, work on the tracks ot the Baltimore A Ohio Rail road at Camden station to-day, Wll llama Snyder.' Frank Zlnka and Carlo Sallldonl were struck by, a passenger engine being backed to a : waiting train. Snyder and Zlnka' were In stantly killed, and Sallldonl died halt an hour after being taken .to a 'hos pital :' ;::S -V- -,'. '?,v -r. i ' ' if. - .; - Nominations Sent tho Senate, :' Washington, Feb.. IT. The Presi dent to-day sent to tho Senate the following nominations:! .-r ,7 m Unites States district judgft. east ern district Of Missouri, David Pat terson Dyer; postmasters! . North Carolina. 8. M- IIambrlck, Hickory: W. r Jones, North Wllke. boroj' .C." A. Johns), Llncolnton; 'F. Roberts. Marshall; - I.' M. Meeklns, Kllsabsth City; Suuth CaroUna, C. J. Shannon, Camden. , , . THE ANTI-TKUST BILL U? MANNING DEFENDS TOBACCO CO. Heated Discussion In Ronse La.;i Night Over Anti-Trust Bill Win borne Defends It In' Elaborate i Speech Grant Offers Amendment to Take in Cotton Mills and Insur ance Trusts Manning Bays ; Bill Would i Ruin Towns Representa tive Bryaat Makes Statement BUI to Elect Insurance Commisioner by Popular Vote Goes to Committee. , , .,):.', Observer Bureau, ' , s f, The Hollaman Building, ..Y.jj,?.-.;- ,, Raleigh, Feb.. It. The Mouse committee on cities and counties by a vote 0 felght to one re ported: against the new. county of Glenn, from parts of Cumberland and Robeson. .There were large delega tions present Senator McLaughlin, ef ' Cumberland, was alone among' the Representatives speaking for ths new bounty,' Senator McLean, Represents- ' Uvea Bolton, MoRae and McNeill op ' posing If';:".,, v'-: S'-' The House judiciary committee re. ported favorably Koonce's bill provid- ing for ths election of the Insurance . commissioner by the vote of the peo- DEBATE OYER WILKES XREAS-". . URER. - -, There was a long debate over Tur- ' llngton's bill providing for creating , the office ot treasurer ot Wilkes coun-; -ty. Congressman Hackett pressed the bill. It was stoutly opposed by W. W. . Barber and Jiepresentativa Bryant' Mr. Barber .who Is chairman of the Democratic county executive commit tee, made a remarkably plain spsech , against the bill. He declared that C : W. Carlton, named as the treasurer was personally, a reputable young - , man, but was a rank Republican until -the past election when, finding' Black- burn's star in eclipse, he deserted him and .this office was a reward tor per sonal services rendered only one Dem- 1 ocratio candidate. He protested -7 agalnat paying for political . service ' rendered Mr. Hackett out of pubilu funda ins declared it would be an eternal stigma to the Democratic par-' ty and a millstone around Its neck' , in Wilkes county to take mony out , of the pockets of taxpayers to rewara a party traitor. He said if Carlton's ;"' services to the candidate tor Congress ' were worth $1,000, he would be- on of 10 Democrats to contribute 1100 ' out of hla own pocket to foot the bill The committee, in executive session, reported the bill favorably amending '1 it so as not to go in effect until De- cember first . ' The Senate judiciary committee re-' , ported London's bill to codify the de- , clslons on mental anguish and mak-' Ing this Supreme Court doctrine a ' statutory principle, which has passed, , the House, without prejudice. Ex haustive arguments against the bill were made by Messrs. Clement Manly and F. H. Busbee, representing the telegraph companies. The House com mittee on cities and towns reported favorably the bill amending the char ter of Greensboro in accordance with the request of a mass meeting held' in Greensboro last night The bill wasv ' amended by the mutual agreement of the committee sent here for the pur. , pose. , -' ;r -. . t. TO TAKE GOVERNMENT OF SAMPSON. A caucus of House Democrats was called to-night on the Sampson coun- A ty matter. Many Democrats are en ' -deavorlng to take the county out of Republican hands by having the Leg islature elect more commissioners. The Democratic executive committee, ' two Democrats on the county board ' of elections, boards of education, ' superintendent of schools, number ot the men o f the county and three-, fourths of the merchants of Clinton 1 . urge tho passage of the bill and t! citizens are here demanding it. j ' , ROYSTERS INSURANCE BILL. The bill Introduced by Chairman Itoyeter, of he Insurance commit-. ', too of the House, requiring all Insur ance companies to deposit a certain' amount In cash or securities with the ' Insurance commissioner In this State, provides that every Insurance com . pany, association or order shall make under oath to the commissioner, a statement of Its capital stock unless It ' -' ' be a mutual company and deposit with him bonds of United States or of this 8tate or of cities or of counties In this State or other approved securi V ties equal to S per cent, of the capi- . tal stock or not less than f 10,000 nor more than ISQ.OOO. If a mutual com pany, It shsll deposit not less than 12,000 nor more than 150.000 the ex- , ' act amount to be determined by the Insurance commissioner as may seem ' equitable upon comparison with the deposit required by stock cbmpantsa ' The commissioner Is authorised to make an annual assessment ot one twentieth of one per cent, upon the : fsce value of. the deposits to pay tho' expenses of keeping snd handling ' these securities. The commissioner Is ' to requlro every company to make , good any depreciation or reduction In value o fthe securities. The company Is to draw Interest on the bond a If tho company falls to pay any of lu ' ' liabilities or policies in this State, the commissioner shall, upon application.: sell enough o fthe bonds to pay the , , sum end expenses of the same. The policyholders are to have. the Ilea on. the bonds deposited, the amounts due for losses,, equitable values, re- turn premluma or otherwise. AH companies before doing ; business tn this Bute shall be compelled to re quire with this act and those now do ing, business art allowed unta July I , to comply with It. '.-'.'. , The anti-trust Jaw was the special orders in the House to-night . Mr. WInborne made an elaborate, argu ment supporting the' bill, explaining that It was a substitute reported by was luinuiuii niviu the committee, after considering an the bills introduced, the substitute be ing practically the bill of . Senator Reld. Grant , Ot Davie, offered van amendment calculated, he said, to reach the insurance and. cotton mill truata . Hs declared theUommltle bill was aimed at the Standard Oil and tobacco trusts and se written as to excuse the. cotton mill combine and the insurance firs and lite Monopoly. He wanted no trust law, or else one with teeth so long they - could' tear out ths whole business.. . v 4 TOBACCO TRUST NECESSARY. Mr. Manning, et Durham, after In trduclng a substitute, apoke on the committee bill. He said hs was no defendef ot trusts, but In answer t ths charge thaC the bill was direct" t at the American Tobacco Company. h called attention' to the great and development of the elty of lv -ham. He asserted that most "f V great wrftlth bud grown from th t bacco Industry." "You tannot aimv 'or injure the American Tobacco Cnm- Iany. You cn run 11 out n ' 1 Carolina wlth.f-.'e fl "? '" ' prosperity of in)' c-")" 1 -r 1
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 28, 1907, edition 1
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