Newspapers / The Charlotte Observer (Charlotte, … / March 1, 1907, edition 1 / Page 1
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' 4 'V'' -NV . . ' V' I SUBSCIUPTION PBICEt $3.00 PER YEAR. CHARLOTTE, N. C, FJIIDAY MORNING, MARCH 1, 1907. PRICE FIVE CENTS. V X VICTORY FOB MILL MEN? INDICATIONS POINT THAT WAT The Government Seems Not to Have Recovered From the Knockout v Blow Given Wednesday by the Hol ing of Judge Boyd Look M if the District Attorney Had Not Come (Anywhere Near Making Out His . ''V Case The Greatest Surprise of the Day Was the Testimony of Samuel V Powers,: in Whose Name the Suit , - Was Brought-Mr, ' C. W.ohnaon . . " Testifies Mr. Censler Haa Hislittle Joke The English Girls Testify ' and One Fawtaothlng Sensa f tlonal n the Pay's Proceedings ( The Jury Tha to .Trying the Case, Greensboro, Feb. 2 I. Messrs. Hoi ' ton. Cooley and Coble, -the govern- ment's prosecutor in thY case of ,the United States against Messrs. 4 ;:A. J, SmiM and Stunner B. Sargent, have , not, rallied from the knock-out t16w , that they tii yt , 'came in court, reluctantly to-day And seemed lifeless, it was plain . to sea yesterday that Mri Holton; - usually running, had failed to get a firm hold " on the testimony, If there is any'ot ' a serious nature) He called hlf witness-' es - together , when' court adjourned ' yesterday ! afternoon, hut he brought out nothing new to-day It looked at dinner time M if be had not come any r-& irhera' near, making out shls case. It : waa said that Mr. Holton expected Mr. C, W. Johnson; of Charlotte; to throw , much light on . the discussions at the Textile Club, but the ordinary specta- tor felt when Mr. Johnson had con- eluded ' his story that the defendants 3 . had gained by his testimony, s, . The greatest surprise of the day ras that the story of ijamuel Powers, the man in whose name the suit is brought, contained nothing of a dam ' aging nature to the defendants. Pow ' ers seemed an unwilling witness. ' CABLEGRAMS A3 EVIDENCE. The first work of the day was the introduction of certain cablegrams that passed between Smith and Cos telio. These messages were from Bol ton, England, and to Charlotte and vice versa. The counsel for defendants admitted that they were sent or re ceived as the case happened to be. One from Costelio to Smith asked. for $2,000 for a party that was waiting. Smith's answer said that money would v. ...i at ni. Ann said that tfle party had left. Smith answered that he wotold meet it An interesting Inci dent occurred in connection with the caolegrams. F. E. Veale, who is act ing nianager of too Western Union Telegraph office at Charlotte, declined to give Mr. Holton the messages until the court so oraereo. juug ovyu w the district attorney to describe what . ... . ... A TnemgeTTinr "wlirtW 1 -Vsiite' mmmH turn over and he would make an or der later. Veale objected; he declared that he had to have the order first. His pluck in lighting :for . what . he thought waa his right won the admira tion of the those who witnessed the af fair, but Judge Boyd gave him to un derstand that his orders were final. The young fellow held out to the last, not that he wanted to conceal any thing, but that he felt that he was doing his duty to his patrons. Mh. JOHNSON'S TESTIMONY. " The second witness was Mr. John eon, manager of the Highland Park Cotton Mllis, of Charlotte. He declar ed that he was a member of the Tex tile Club. Messrs. Smith and Sargent were also members. Among other' things Mr.Johnson said: "We held sev eral meetings and discussed the labor conditions. Mr. Costelio said at meet ing of the club that he could get help in England, that the operatives there very poor and sang in the streets for pennies and would be glad to get work here. We discussed whether or not we could bring them over. Fin ally a committee composed of Messrs. Smith aad Sargent was appointed. We considered whether we had the rlgnt by law to. Import the English people. We discussed various methods of obtaining the desired help. One way was to have the committee see the Governor and ascertain, what could be done. We agreed that It would be well to get some one to go to England. One question asked was how the help would get here unlsa somebody paid the transportation. The purpose was to bring operatives over without violating the law. I took part in the discussion, but When I did not see the way clear to Import the people under the law I withdrew and had no more to do with It.." MrTlllett cross-examined the wit ness. To him Mr. Johnson said: "I am sin extensive cotton manufacturer, be ing connected with five different mills. There ws a great scarcity of labor last year. The club had Its origin In the shortage for cotton mill operatives. I could run but 75 per cent, of my machinery, causing a great difference in the cost of production. No plans wer adopted by the club before I quit attending the meetings." Mr. Holton took the witness again. Mr. Johnson said, "We can train apt help In a short time, but It takes a long while for one to become skilled. I was willing to. train mine, for un trained help was ' better than none. The cause of the shortage was largely due to the fact that many fam'lllea re turned to the farm and new mink were built," NO UNSKILLED 'LABOR. Mr. Tlllett ; re-cross-examined Mr. Johnson, and got him to admit that it was almost Impossible to run a cot ton mill with raw hands. Mr. John son declared that he did not know of a single unemployed . skilled opera tive., i Mr. H. M. Victor, cashier of the First National Bank, of Charlotte, tes tified that he loaned Mr. Costelio $1,000 on a note endorsed by Mr. hi. A. SmK. He said that Mr. Smith had Said J500 on the note with a Hosklns llll. check, and that' $500, remained unpaid. - . '. : - . John It. Rom, manager of The Char lotte Observer - and The Evening Chronicle, being sworn said that none of Mr- Smith's-mills had ever adver tised In either of his papers for cot ton mill help. He declared that The . v. . k 4Mfe Jm . . . - t VDserver una ini wnrontcie circulat ed In Charlotte and the surrounding country. r ., . V i'MR. CANSLER W1TTT. C ' J. -Jt r.i : ' Cansler cross-examined Mr. Ixoss. "Mr. Ross, said the attorney, ( "There Is quite a shortage in liquor In J Charlotte Just now. I believe." , Mr. j Itolton objected, saying that tftey were t in trrlnr a Int nf ante Mr fa'nala . j protented, declaring: that other folks besides common sots want liquor. ' Judge Boyd suggested that other per ' sons besides sots drank - liquor In (Continues: en Page levtnj ALL EYES ON LEGISLATURE tTEJtA OF RADICAL LEGISLATION. People of the State Afraid the Legist-, tors Have it in lor Corporations and May do Something Damaging to Le gitimate Business Interests Before the Session . Is, Over Greensboro Man Thinks the Loglalature More . Like a Democratic Convention Than Anything IOse One Sanguine Ral elgh Visitor Mr. Justice the Most Talked-of Man in the Assembly . A Demand for Fair f Laws The Body Seems to be a Little Unsteady, Special. to The, Observer. ? :,'v': ?"'' h; ' ; Raleigh, Feb. t$8. The cltlns of North Carolina are watching the Leg islature now In session here. They are trying to guess what that August body wiu 40 ; before i the pay limit expires Saturday night week.' Many- people would like to the legislators pack their bags and depart for their homes to-morrow. It is 4 fact that many fear that foe Legislature; 1111 do . rash things beforeTlt'ajournfcrThe busi ness men of the State lure looking, to Raleigh with fear and tremblingThay believe that there are taen who would cripple legitimate .enterprises in lead ing cities of the. State. The impression has gone- abroad that the Representa tives of the people," now assembled here, have goneswild on the subject of corporations. RADICALS IN SADDLE? I came here late this afternoon' and have seen and talked with many leg islators -and lobbyists. I find varie ty of opinions. Some ,on-leokers de clare that the , radicals are in the saaule and will either ride to glory or the devlL Others "plaim that certain smart, cunning fellows would make political capital out of the Legislature. A few believe Jhat toe, many green horns have gotten together and ara running pell mell without leaders. The situation is interesting' to say the least The people, those dear creatures who suffer so much at th hands of blatant demagogues, are be ing lugged into many fights here titat they do not care a tinker's dam about. The party lash is being used here, whether with effect or not time will tell, by self-constituted leaders. The same old gang that has Influenced Legislatures In the past Is trying to control this one. It remains to be seen which element the conservative or radical will win. Up to this time the Legislature has not passed any radical measures. Many wild, far reaching measures have been propos ed and the men of the State who have remained at home and looked on from afar off, have gotten their opinions of the Legislature more from what has been offered than has been accepted. The radicals have presented bills, but the conservatives have trimmed them Into , presentable shape. LIKE A CONVENTION. ' WWsas Is r think of the ..Uglala.- ture?" I asked a Grsensbqro man - n..n.V.vA mpn yesterday. - "I have JuaT returned from Ral' eigh, and I can't tell. The Legislature Is more like a Democratic convention then anything else. Some fine politi cal games are being played there.' The man may be right. I have not seen enough to have an opinion. Mr. E. J. Justice is the most talked of man In Raleigh. That brilliant, fiery, ambitious son of western North Carolina Is being tlosely observed by friends and foes.. No one doubts his ability, his cunning, Ills energy, but many fear him. He is young, virile and bold. He dares but little for the lime lights, but the friendship, admiration and approval of the voters of the land deeply concern - him. Ambition spurs him on, it Is an open secret that he wants to be the attorney general of North Carolina. I have even heard It intimated that Mr. Robert Gilmer, now attorney general, might resign his position on account of 111 health and that Mr. Justice would succeed him. This Is a rumor. It is declared by some who think they know that Mr. Justice has the backing of such men as Judge Clark, Josephus Daniels. W. W. Kltchln and Governor Glenn. It is a well known fact that Mr. Jus tice is a power here.. On the one hand he is being praised for his daring, his shrewdness .while on the other he Is criticised for hbr "radicalism." ONE OPTIMIST. "I do not believe that the Legisla ture is going to do anything out of the way,' said a Raleigh visitor to night. "I am here in the interest of better railroad freight rates and fa cilities. It is not the passenger fare that troubles me, but the freight dis criminations. "I am afraid that the Legislature Is not going to do anything." -The Legis lature' has but little time left on Its hands. The per diem discontinues 10 days from now. Most Legislatures go home when the money gives out, for Raleigh Is en expensive place to live with all going out and nothing com ing it If ell of the blUs that had been Introduced during this term of the Legislature had passed North Carolina would, have been set back 10 years. - It is always Interesting to watch the crowds here. Of recent years bus iness men have spent much time set ting up with North. Carolina Legisla tures. The men who help to elect Representatives to Raleigh every two jsjars coma .here to stay, with the House and the Senate 'lest they in jure ther business Interests. This year Is no exception. The very enterprises that ars making the State grow and flourish are In. constant feaT.-"-- -DEMAND FOR FAIR LAWa.1 .. ' There Is a demand for fair laws that will regulate corporations, but if the ambitious politician thinks; that, he hears a call for radical measures,! he had better listen well for he will be called to account The people of North Carolina believe in and demand fairness.:.,- a. .! :,: -. . In point of character and ability the Legislature stands high. There has been Intimation of graft. The 1 body seems to lack steadiness. ' . H. E. C. -BRYANT. CHARGED WITH. DOUBLE CRIME. Manager of Theatre at Brunswick. , Ga, Held for M ardor of Wife and . Fatal Wounding of Companion. ' 'Atlanta, Oa.. Feb. 1$. A special to The Journal from Brunswick says Lillian Davenport was shot and al most ' Instantly killed and W. , H. Brown, a -bartender, was probably fatally wounded, late last night at Windsor Par, this city. The wo man's husband, . manager t of the Majestic Theatre, is charged with the double crime, which he1 denies. .Windsor Park Is an amusement re sort near the city and It was to this place that . Brown and the actress went last nlgKt. They were seated oa a tench In a .Winded spot, when they were urprl(4.",.' ' : Ill AW ISSUES STATEMENT DISTRICT ATTORNEY CRITICISED Defendant Declares Some of Jerome's unprofessional Remarks in Court Indicate Clearly That the Natural and Real Goodness of Mrs. Thaw Is Above. His . Comprehension All of Her Testimony Was Absolute Truth Wonderful, Thaw Declares, Tha( She Prevailed In Crosa-Exam-Inatlon Against Prosecution, Back ed by Black Legs Evans on Stand All Day and May be All or To-Day, Making Indefinite the Time When Defense .Win Ryv:,. New? York. Feb. ' 28. Harry V K. Thaw enlivened an ' extremely -Cdull session of his trial in the Supreme Court to-day by, giving out to news paper men a brief statement in wnicn he ; accused District . Attorney Jerome of having made unprofessional re marks, in court, asserted that pis wife's testimony was absolute truth and in conclusion declared that Mrs. Thaw's natural and "real goodness" was above . the comprehension of the prosecuting officer. It was Just before adjournment was taken for the day' and after many hours of expert testimony as to what was the meaning of extracts from eight letters written by the defendant witn their relation to the sanity or insa,nfty of the writer, . mat c Thaw gave but his statement in court. The circumstances attending the delivery of the statement to the .newspaper men were about as Interesting as the statement Itself, which reads: . "This is Mr. Thaw's second state ment since August 10. ."With chances millions to one against her after the catastrophe in 1801, it is wonderful that Mrs. H. K. Thaw prevailed in the cross-ex amination against the prosecution, backed by black legs. , . "Her testimony was absolute truth. "Our evidence was of conversations. The cross-examination has proved the exact tacts under oath. , fMr. Jerome, finding his inform ants In certain lines falsifiers, con cluded by more usual methods, which Is to his credit ' 1 "However, from some of his ques tions and some of his unprofessional remarks in court. It appeared clearly that the natural and real goodness of the witness Is above his compre hension." REPORTER READ EXTRACTS. That began the preparation of this statement yesterday afternoon. One of Ahe newspaper tables adjoins the table occupied by his counsel and a reporter sitting near the defendant read over the fitter's shoulder the two opening paragraphs. When the papers appeared yesterday with the extracts from his statement prlnfeU in display type. Thaw was much chagrined. To-day in court he took the reporter to task. He said he had not intended making the statement public until the end of the trial.. He tiivK a a mmMvi that manw wMierfalrAfj tm.ti,JW.tian A th I w" - ment that was' published and added that he might make a correction later. Last night In his cell in the Tombs Thaw completed his statement and torday after he had spoken to the reporter who had looked over his shoulder, he handed the original draft to another reporter, whom he has known for many years, and In whom be had confidence. . He also handed the newspaper man a brown envelope. "Seal the stamp up In this en velope," said Thaw, "and write your j name across the flap. I am gotng to have some typeyrlUen copies made, and when they are completed I want you to compare them ith the origin al and if they are all right they will be glvep out" COPIES APPEAR IN COURT. Daniel O'Reilly, one of Thaw's law yers, said later that he also had a copy of Thaw's statement but would not give It out until the defendant di rected htm to do so. Late this after noon the typewritten copies suddenly appeared in court. Attention was first attracted to them by Thaw hand ing a carbon copy to his nowspaper friend and asking hlra to compare it with the original. Four or five other copies lay on the counsel table In front of the defendant One of the reporters reached over, picked up the copies, and , hastily left the court room.. He was quickly followed by other reporters and soon the state ment, waa being flashed Into newspa per, offices throughout the country. The copies and the original were exact, and Thaw then said he was content to have the statement releas ed as a correction to the garbled statement which appeared this morn ing. Clifford Hartrldge, of Thaw's coun sel, and Mr. Delmas declared later they had no knowledge of the state ment having been prepared or given out Dr. Brltton D. Evans, the alienist, was in the witness chair all of to day underoglng cross-examination at the hands of . District Attorney Je rome. The prosecutor said before adjournment that he would probably keep Dr. Evans on the stand through out to-morrow. This means that the cross-examination of Dr. Wagner, an other alienist, will not be reached un til next week and makes Indefinite the time when the defense will, rest A DAY TO EIGHT LETTERS. Dr. Evans and Mr. Jerome spent the entire day in gotng oyer the eight letters -written by. Thaw and culling out of them excerpts) - on which Dr. Evans based his expressed belief that they were written by a person of un sound mind. ' -.' ,. v 1 "Do you mean an insane person?" risked Mr. Jerome. "Yes." replied the witness, "but not In the sense that the person might al ways reman insane." .v"-. ? This was the, essence' of the day's work.' Mr. JeromeV seemed as Inter ested as the expert In searching out the phrases In- the . letters .which might be construed as the writings of an Insane man and for the first time - the Jurors were permitted thoroughly to examine . photographic copies of the letter.. As the witness and the prosecutor pored tediously over the documents.' the Jurors were enabled to follow them closely; The district attorney apparently wanted the letters to be thoroughly scrutinis ed and understood by the Jury. Dr. Evans went Into a long ' ex planation Of the ; reasons for '1 his theory that the letter showed mental Instability. J A lttr written with a lead pencil by Thaw to Evelyn Ncs blt, he said, showed lack of a sense of . the .propretle, a loss of the sesthetlo sense and -' various other things which the . doctor believed Continued on Page Four.)' E0BEST SURVEY t A WINNER A HARD FIGHT IN. CONFERENCE Chairman WadHworth, of the nouse . Agricultural ' Committee, FUnks on the Conferees After Signing Favor able Report, ' But Finally . Agree Senator Simmons Makes a Winning Fight for ills Amendment Which Carries an Appropriation for a Sur- vey of Proposed Forest Reserves -A Washington Story to the Effect That the President ; Aided in the Pension for Mrs. Jackson Denied Contractor Oliver Declares That He ' Was ' Whang-Doodled Out of the , Canal Contract . . . . , ' BY W. A. HTLDEBRANd! . Observer Bureau, i . - 'Z'Ull a 'Street,. N. W.,;";vi ' .Washington, Feb. 2$ ;, The House and Senate conferees in charge of thev agricultural bill to-day passed favorably upon the Simmons amendment, carrying an appropria tion of $25,000 for making a survey of the,, proposed forest reserve, but this was not done until after a wrangle of two hours' duration.' The fact that. this trouble arose among the conferees ' occasioned surprise among friends of the measure, who thought the fight over the amend ment had ended several days ago. When the conferees got together to day Chairman Wadsworth, of the House committee on agriculture, ex pressed opposition to the amendment saying he was identified with the House leadership that had always op posed such legislation. Senator Sim mons who, very fortunately, was the conferee from the Senate on the part of the minority, said that this an nouncement would doubtless be re ceived with astonishment, as the gen tleman from New York had signed the favorable report on the bill when it was before his committee in the House. Mr. Wadsworth replied that he had been induced to sign the re port by other members of committee, but he had never felt satisfied about the report and he knew that Speaker Cannon had always opposed the movement Senator Simmons replied that he had recently discussed this matter with the Speaker, and that while that gentleman had not ex pressed himself as favoring such an amendment as he had prepared, at the same 'time he did say that the plan for a survey Of the various wa tersheds in question would remove many of the objectionable features. Mr. Scott, of Kansas, who appeared to side with Mr. Wadsworth in his unfriendly attitude, said that It was a matter that should receive the most careful consideration, as the proposed survey meant the passage of such bill as had been favored by advocates of forest reservation at the next session of Congress. However, after some further remarks by Senator Simmons, the amendment was agreed to, and It will now becomo law without further ado. A WASHINGTON STORY. Some of the Washington papers have published a story to the effect that President Roosevelt interested himself In the matter of the pension for Mrs. Stonewall Jackson. Of course the as sumption that Presiednt Roosevelt took a hand in this undertaking form ed a basis for a very fine human Interest story, but as a matter of fart Mr. Roosevelt did nothing of the kind. The truth is Mr. Webb had very llttlo help from any source after the bill had been brought over from the Sen ate, where it was passed at the In stance of Senator Overman, and It took a long, hard pull to get It through. The effort to convince ths chairman of the pension committee and others that any real necessity ex isted for the passage of the bill, was attended with much difficulty. "I have been handed a very dimin utive line in exchange for about $35. 000 or $40,000 of my good, hard money," explained William J. Oliver, of Knoxville, In explanation of turn ing down of his bid for the Panama canal contract. MR. 6LIVER "WHANG-DOODLED." On being asked whether he had any assurance of getting the contract before he rushed off and Incorporated the construction company and made other expenditures; Mr. Oliver looked contemptuously at the. Interviewer as he asked: "Do I look like a fellow who would Invest $40,000 In rain bows?" Oliver so made out the way his contract was turned down that he declines to have anything to say until he gets his breath. Then things are going to be told of how It all happened. Oliver's friends (declare that not only Oliver himself. but also four or five of his friends and associates were assured that If Oliver "filled" he would get the con tract. "What more could I do?" queries Mr. Oliver. "I dug up the men and the dollars. My bfd was the lowest and according to the terms re quired." "It reminds me," he continued, "of that spiked game of poker out West The sucker held four aces and reach ed for the pot . 'Nothing doing,' said one of the other players, , '1 hold a whang-doodle,' that takes everything, you lose. You should have noticed the sign behind the table." ' ' "The next night," said the con tractor, "the sucker returned with a big bunch of dough, determined' to get even. The game progressed, and when the table waa stacked with the long green, he called, 'I have a whang-doodle,' he said. "Nothing do ing,' replied one of the' gamblers, 'I hold four aces, you loss.'. 1 thought a whang-doodle took anything,' .said the sucker. "Oh no, ton didn't resd the sign carefully. You can . only play a whang-doodle once- a week.' wwell, I'm the sucker. I entered In to this canal game and made the low est responsible bid. I called the ad ministration's hand, but was whang doodled, out rt the Job." j ;, $8,000 FOR FAMINE SUFFERERS American National Red Cross Socle . ty Forwards This Amount to China by Cable Other Contributions. Washington, Feb. $$. The Ameri can National Red Cross has forwarded by cable to China to-day for the relief ot the famine suffers of that coun try I 5,00. of which amount $40,000 will be placed jn ths hands of ths missionary relief committee at Chin klang and $2S.000 will be administer ed by the ,-' Shanghai "central relief committee, This entire remlttsncs was received this morning from Dr. Louis Klopst'h, of The Christian Her ald, who In his letter of transmission states to this date ths Red Cross has cabled to China for the relief of the fsmlne sufferers $110,000 , and has shipped to China $10,000 worth of flour and 7,800 bushels of seed wheal which was in most part contributed, STR0TIIERS OK TITE STAND :Vv-:,, .,v;;i, ... ... 1. 4 : .'''. :. "V1. ; TELL FULL STORY TRAGEDY Mrs. Viola Allen First vitness of ; Day, Being Colled tq Verify Some Points Brought Out Previous Day , Bywater. After Marriage Cere--;, mony Had Been Performed, A$- tempted to Escape When Brothers Tried to Forco lilm to ' Remain With Mrs. , Bywaters Being Pre- vented From Doing So, He Jumped Through a . Window and - Both ; Opened Fire, Satisfied That He - Was Deserting Their Sister. ; . V Culpepper, . "Va., Feb. .1 $8. To avenge the wrong done his sister, Philip r ;;Strother, one of the de fendants on trial for the murder of his . brother-iln-law,. William , By waters, to-day admitted on . the ' wit ness stand that while he had not an ticipated ' trouble; ' he "shot to kill" when Bywaters attempted to desert his bride of an hour. The knowl edge of his , sister's betrayal, James A,- Strother, the other defendant, testified,, caused him to "become like a craty man," and when 'Bywaters attempted to leave' the house he de termined, to bring her betrayer', to "a reckoning." Four witnesses, two brothers, a sister and an uncle of Mrs. Bywaters, testified at to-day's session In its cross-examination the prosecution was unable to shake Mrs., Gaines testimony for.the de fense. . Mrs.' Gaines, sister of Mrs. Viola Bywaters,' was the first witness called by the defense testimony. She was recalled to the stand to verify cer tain points In her - testimony given yesterday. s James A. Strother, one of the two brothers charged with the murder of William F. Bywaters, was next called. He waa permitted to tell the story of his sister's wrongs with only oc casional questioning by his chief counsel, John L. Jeffries. "How, did you regard Bywaters?" he was asked. "He had . always enjoyed our full confidence," he replied. "We knew that Viola loved him and regarded them as practically engaged." His story continued with a state ment concerning the demand he made on Bywaters to marry Viola, and Bywaters' ready assent "I thought then that everything would end all right, but after the ceremony Bywaters became Indif ferent to Viola and Insolent to Mrs. Gaines. He seemed to think that his obligation to Viola was over when he married her." BYWATERS GREW ABUSIVE. Witness said that Bywaters grew abusive when a demand was made that he remain with Viola on the night of the tragedy. "Did you tnslst on his remaining with your sister?" asked Attorney Jeffries. 1 certainly did," answered the witness. "I realized that yiola was desperately 111 and that, it was By waters' place, as her husband, to be with her." "What did he reply?" "He said. 'Jim Strother, I'm not afraid of you.' " At this Juncture, the witness stated, Mrs. Gaines said to Bywaters, "Will Bywaters, you are- the lowest dog alive." Edward L. Gaines, the . witness said, followed his wife's reference to Bywaters' conduct saving, "By waters, you have violated every obllgatjon of an Odd Fellow and a man of honor." This so enraged Bywaters, the wit ness stated,, that he tried to draw a knife on Gaines. "Bywaters," he continued, "then went up to Viola's room, leaving Mrs. Gaines in the dining room." "What happened when you went to your sister's room?" he was asked. "I asked him what he Intended to do. I told him that we Intended to watch him to see that he .didn't get away. He sprang from Viola's side, tearing himself from her arms and made a dash for the rear door. The next thing I heard was a shot Philip fired at Bywaters as he ran down the stairs." BOTH BROTH10R8 FIRED. Bywaters returned to the bed room, the witness stated, followed by Mr. Gaines, who. he added, prevented Bywaters' escape by the stairs. By waters ran across the room and out the window. "Both Philip and I then opened fire on Bywaters." "Did you fire on him while he was In the room?" asked his counsel. "We did pot flro on htm until he had gotten out of the window." A pathetic Interludo In the testi mony came .when the defendant, after completing his story of the tragedy, told of his mother's admonition to him on her death bed, to "always protect our girls, Jim." Commonwealth Attorney Keith then took the witness In hand for cross-examination. "When Bywaters re-entered your sister's room, after his attempt to es cape by the stairs, were you between him and the window?" he asked. "If you were In front of him, why didn't you stop him?" "I wasn't exactly In front of By waters," replied the defendant "As I have said, everything waa In con fusion, and as far as I can remember I was standing near ths wall." "Why didn't you prevent By waters from reaching the window?" asked Mr. Keith. "I didn't have, time to think," re plied the defendant "No man on earth, standing where X was, could have stopped him." Witness said he flrd twice at By waters got through the window. It was too dark to see whether they hit him or not "How many shots did your brother Philip . fire at this fleeing man?" queried Mr, Keith. "I don't know," replied ths wit ness, "though I remember, that he continued to lire after I had run down stairs. Intending to head By waters off." , 1 The balance of ths cross-examination concerned certain', minor points Of the scene In the bed room,! which the Commonwealth attorney wished to bring out more clearly. . . WERE ON PEACEFUL TERMS. . The defense next called . Philip Strother, the younger defendant. He was examined by R. Walton Moore, for the defense. .1 r "Will you tell the Jury,'1 said At torney Moore, "what the attitude of yourself and brothers was after the wedding?" ; . .'. ,"We wers peaceful and prepared to be on peaceful terms with By waters," replied the witness. ' ' The defendant said that Bywaters, Immeftlatijy 4 following ths : ,we'ni THE DISPENSARY AUDITOR PLUM GOES TO A GAFFNEY MAN Governor Ansel Names Prof. W. ' B. . West, Superintendent of the Gaff : ney Graded Schools to Wind up the - Affairs of South Carolina's Great Moral Institution ' Commission to ' Care For and Improve the State 4 Capitol Grounds Announced by the : f Governor Spartanburg to Have a Hanging To-Day Unless , the Gov ; ernor Interferes. - ,. '.,; Observer :''Bureau.''"v.iv!,;, 1209 Main Street ' y - . Columbia, & C, Feb. ?8. )'-. ' The much-sought position Of dis pensary auditor falls . to Prof. W. : B. West, superintendent of the Gaffney graded schools.';',. '? There have been a large number Of applications for this . position filed with Governor Ansel and numerous recommendations have accompanied the applications, and the Governor thinks that of this large number he i has secured a man who Is in every way competent and worthy. The po sition Is not given to any politician' or to any one who has had any con nection with politics or the dispen sary, although there were more than one of this sort who applied. Mr. West has the very highest recom mendations and is personally known to the Governor. He Is a native of Princeton, near the Greenville and Laurens line, and entered Furman University In the fall of 1890. He took a good stand at college and was highly thought of by his fellow stu dents and professors. He left college before graduation and went into the school room. For several years he taught at Belton, where he did excel lent work and built up a fine system of schools. He spent several years in the cotton mill business with his father-in-law, Mr. Z. T. McKlnney, one of the beat cotton mill men in the South, and this gave him a practical business training which will com In well In his present new work. ' He was afterwards principal of the grad ed school at Blackvllle, and then at New Decatur, Alabama, and has for the last few years been superintend ent of the schools at Gaffney. Mr. West Is a young m. n full of energy and of One characi r. The position to which he has been appointed Is one of the most delicate and respon sible In the State, and Is highly im portant to the success of the new plan ef handling wl lskey. It Is also the most desirable position under the new law, paying $2,000 per year and expenses, the term being four years. CAPITAL COMMISSION. The commission to care for and Improve the State capltol grounds, announced by Governor Ansel to-day, consists of the following: Capt William Ash mead Courtenay, former mayor of Charleston, former president of the Newry Cotton Mills, and now living in Columbia, having retired from business. Mr. Edward Ehrllch, the prominent shoe merohant and capitalist of Co lumbia, and vice president ef ths Na tional Loan and Exchange Bank, of Columbia. Mr. , Ambrose E. Gonsales, presi dent of The State Company and large ly Interested in other Columbia en terprises. This is regarded as an excellent commission, as each of the gentlemen named Is an authority on subjects of landscape gardening and Is a business man to whom the expenditure of the $15,000 appropriation can well be en trusted. The act of the Legislature provides that the members of the commission shall receive no compen sation for their services and there fore the Governor felt that he was obliged to appoint residents of the city of Columbia, as it would not be proper to expect outsiders to pay this traveling expenses and lodging ex penses while engaged on the work of the commission. HANGING AT SPARTANBURG. John Shelton, colored, Is under sen tence to be hanged at Spartanburg to morrow. An effort Is being made to induce Governor Ansel to grant a re spire, but he has up to a late hour to-night declined to take any action. The case was to have been heard be fore the board of pardons In January, but the attorney for Shelton failed to perfect the case and asked for a re spite which on request of the b oard was granted by Governor Heyward until March 1st. The attorney again failed to appear before the board at Its more recent meeting In February and no ection has since been taken. The attorney, Mr. C. H. Sims, to-night wired Governor Ansel that he had mailed certain papers In the case, but these have not reached the Governor and unlens there Is something un usually convincing In the papers when he reads them to-morrow morning It Is not likely that the Governor will Interfere. Shelton was convicted of murder for killing his father-in-law, Alf Biggs, in November, 190$. Governor Appoints Senator Bacon. Atlanta, Oa., Feb. , 2$. Governor Terrell to-day appointed Senator A. O. Bacon United States Senator for the ad Interim term to begin March 4 and the meeting of the Legislature next June, when he will be elected for another full term. Decline to Name Committee to Study Race Question. Baton Rouge, La., Feb. 2$. Gov ernor Blanchard to-day announced that he has declined to appoint a com mittee of three from Louisiana to study the race question. The sugges tion was made by Rev. John E. Whltenv of -Altanta. with "Viola Strothers, became rest less and Insisted on leaving. "Did you try to prevent his going r asked Attorney Moore. "I did," said the Witness,- "I thought , It his duty to stay with her." As to -the shooting of Bywaters, ths witness stated that the first shot was fired by himself as Bywaters at tempted to escape down . ths - rear stairway; '-.v. As to the sxact position In which he stood when Bywaters returned to the bed room with Mr, Gaines, the recollection of the wttnsss was not clear. ; He maintained, however, that his succeeding shots were only fired because he was convinced that By waters was deserting his sister. Dr. W. J.- Strother, an uncle of the Strother brothers, told of being summoned to attend Mrs. Bywaters. whom he found suffering great pain, the result of a criminal operation. "Had aha not been given medical attention . at that moment" stated Dr. Strother, she would have un doubtedly been dead within ths nxt hour." .' '. ' - ' ' . Dr. Strother said that he advised a Immediate marriage. Judge Harrison adjourned the trial at 4:18 p n. CHARTER MATTER SETTLED no ,chancb in nocsa l:ll. After Hearing Argument Pro and Cosi Senate Committee Decides Upon , Charlotte Charter BUI Wtiktt Pass ed The House, Making no Chan-jcj The Governor, la a Special Bi-s-; sage, Urges the Legislature to Got t Busy and Redeem the Pledges U Made to the People The AnU - Trust Bill the Special Order at the ', Night , Session Partisan Politics ' Plays a Part in a Measure Affecting Sampson County The Day's Doings in the General Assembly In Detail. ''&'''' Observer Bureau, ; :. V? The : Hollaman Building. V-j. Raleigh, Feb. St.- 'The Senate committee to-night, af ter two hours hearing argument and facts from a Charlotte, delegation for and against , the ' Greater ' Charlotte bill, unanimously decided W the bill as It passed the House., and as agreed upon by the Senator and Representa tives last week, . Senator Pharr, while : chairman of the committee, did not vote or participate in the conference; of the committee. ' " i. . Last night when the Senate com mittee on counties . cltifta anil "tnvna f met In the Senate chamber, there be- , iug bcvcii iiiciiivcra yrcaeui, ii louacu like a small section of Charlotte. Messrs. R. H. Jordan R. L. Dur ham, C. W. Johnston, John A. Mc' Rae, D. B. Smith, E. L. Keesler, H. W. Harris, S. S. McNInch, W. O. Brown, W. L Henderson 3. F. With ers, S. B. Tanner, H. E. C. Bryant John R. Ross, J, C. McNeill, E.C. Ray, to say nothing of the three Rep resentatives and the Senator . from Mecklenburg were there. Mayor Mc NInch made an argument flat-footed-ly for the bill, Vs and all. He was cross-examined by Mr McRae, repre- sentlng the people on the southern V. Mr. Smith followed as an advocate foe his clients In the northern V.. The first excitement was when Mr. Harris was speaking and hotly denying MV. Smith's statement that the "City of Charlotte is bankrupt." Mr. Smith Interrupted to repudiate that lan guage, but to admit he had said that the city owes $1,100,000, and that had not the stuff or the disposition to give city privileges to the proposed north ern V. Mr. Keesler rose to interrupt giving promise of live matter, but Mayor McNInch, who sat Just behind him, undlsgulsedly ose and pulled Mr. Keesler down by his coat tall. Quick interjected questions followed from Mr. Johnston, Mr. Jordan, Sen ator Pharr and others. Mr. Durham, made In a brief way all the points that were against extension. Mr. Mc Rae advised, ths committee to leave , the Issue of extension to a vote ef the people of the city. He referred to ' his antagonists as the rankest exten tlonlsts that were ever native to Ndrth -Carolina. There was no doubt of his nrofasstonal advocacv. for ha address ed the committee as "gentlemen of the Jury," and was oorrected by the . chairman. Mr. Grler was straight for the bill, saying that it is too late now to sub mit It to the people, but the height of good humor began with Mr. Pres ton's rising. Senator O'DelL ef the committee would not consent to hsatt Mr. Preston without asking and hav ing an answer as to whether or not he was the mogul of the Oreater Charlotte Club. The committee and . the auditors Joined In laughter and Mr. Preston did not have a chance toj admit or deny. His speech was fre . quently Interrupted and he took care of himself well. In brief, Messrs, Grler, Preston, Dowd and Phart! spoke to the same purpose. The committee had been In executive sesV slon but a few minutes when It an nounced its unanimous approval of the bill. Said they. "We had no choice, all the credited Represents tlves of Charlotte were one way." . t Bl.iVTMn rriT i-rma r;i v The Senate bill appointing four ad ditional commissioners for Sampson county, came up as a special order to- . night but after an hour of haggling over whether the bill should be re- ' referred to the committee It waa finally settled to make It a special or der Saturday mornmg. Kennedy and Owens, Republican, Representatives from Sampson, ap- , pealed to the House for tti.ie to rebut testimony which they understood was nranented to the caucus last night . and to re-refer to the committee. This was opposed by Wlnborne, Washing ton and others. Dowd, Kltchln and other Democrats advocated' giving the Sampson Representatives what they, ; asked for, a little more time. By urge majuruy wiw uruer w ni,i,u was made. Chairman Han kins, of tha rnmmlllM which heard the evi dence, asked that It be referred to some otner committee, as nis nan heard it until It was tired of it At this point Grant, of . Davie, made a red hot Republican, partisan speech, resulting In undoing the : courtesy work to ths Sampson Republicans. , k.J V. l , Anwmn than XT Dough ton moved that the vote by, which the reference was made be re considered ana tne otu piacea oc on the calendar. - The motion pre vailed and the bill was recalled and made a special order for : Saturday morning. V'.-'.-.'v ''.'.'. THE ANTI-TRUSn BDLL. - - The next special order was ' the anti-trust bills. Price, of Rocking ham, led off (n support of the com mittee bill and In opposition to Man ning's substitute, ' He made a tirrlfla arraignment of the tobacco trust re lating his own experience as a once prosperous tobscco dealer, farmer and manufacturer. V- ' ' '. . Laughlnghouse. who said he hat never made a dollar except . fro farming and for the past fifteen year had hot planted less than a hundred acres of tobacco any one year and at much as two hundred acros some years, supported the Manning subtL tut, lie said no one hated a trut worse than he, but unlriw the tobacco, trust could be curbed In Virginia snt South Carolina, the only effect of ti committee bill would be to drtv th American Tobacco Company out t. North Carolina, and literally d'r-r the tobaceo, ' agricultural and nm.'.-i-tscturir.it Industries. Ulount dclaredt with Imp eloquence that he v.t r " "! tee the dv when I1"'""' ' pe prrsentatlv. won! 1 t ' this fl'or an! V r. 1
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 1, 1907, edition 1
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