Newspapers / The Charlotte Observer (Charlotte, … / July 9, 1907, edition 1 / Page 1
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SXJTCGRIPTION PKICE: $3.00 PEE YEAR. CHARLOTTE, N. C., TUESDAY MORNING, JULY 9, 1907. prici five ClIvli. E0GH1TZ GETS FIVE YEARS creat crowt cheeks verdict "Good For Too," Ehouted art Judge Dunn by Enthusiastic Spectators ia Courtroom - Court jrrequenuy in lerrupted In Emphasizing Slgnin- v canoe of Sentence, Schmlta Declar ing be Is In Court to Receive Sen tence, Not to be Humiliated by Lee ture For Newspapers to Repeat In rrtnt -Attorney Threatened With . Term in Jail IX He Persist Applica tion For Bail ' Pending : Appeal to fee Heard To-Day Four Extortion Cases Continued for one Week.' San Francisco, July 8.-Mayor Eu- , gene SI. Schmlta, convicted of extortion was to-day sentenced, to five yean in the penitentiary. '" . . The sentence followed the recent conviction ' of Schmlta - for , extorting $1,178 from French restaurant keep .era of Son Francisco. . As the last words fell from the judge's lips, the great crowd that had stood throughout the dramatkj scenes sent tip a thunderous cheer. "Good for you." shouted a man In the back of ther oom.His ejaculation was echoed and re-echoed by one afterv another of the spectators. ' Judge Dunne. in pronouncing sen' tence on BchmtU, said: "It ean be said that the verdict of the jury in this ease had a deeper significance than ordinarily attaches to the find ing of guilt It ia a message to all the peoplel n the . city of San ' Francisco that laV and order are supreme, that no man, however exalted his station or how strong and powerful the polltl oal. sootal and financial influences which surround him, is above the law. Bus-ena EL Schmlta. you have hereto fore occupied the highest office which the city of San Francisco can confer on one of its citizens. Tou were elevat ed to uu doiiuod oei;uo vi uo wu fidence ; and trust reposed in you by the mass of the . . t ''. ITiTeKKUrlS TttJU WUK1 1 "I am here," interrupted Schmltz, in a voice, thourh outet and coot u ed, that carried to the far corners of the room, "'to receive sentence at your hands, and not to be humiliated by a lecture which the newspapers can repeat in vrlnV :'---'-'-i'r3i:' v "Judge Dunne paid no attention to the Interruption. "You were novated to that high position, I say, because of the confidence and trust reposed in von - ." ,; '.v Attorney . Metzon ; interposed: "We are hers to take sentence; not to be leciureu. w . Mr. Meteor," said Judge Dunne warmly, "if ywu Interrupt these pro ceedings axaln. I will send you to lait You would be in far better business If yon were foere begging tor a day In ocmrt to answer the charge that you wilfully end Improperly attempted to tamper with juror in this case." Turning to Schmlta, Judge, Dunne resumed: !'Tou. were elected to this position because of the confidence and great trust reposed in you by the mass of the people. Tou have hy your wu tful criminal act. so a Jury of your fel low citizens has declared, broken that confidence and betrayed that trust" Here sonnutz again protested against .the "lecture." Judge. Dunne took no notice. ; . . PENALTY INSUFFICIENT. ."Theretore," the judge coretmuea, "It may be saW that the penalty which the law permits In this case Is insuffi cient to meet the demands of justice. It may be suggested, however. fat by your oonvrctlom you will Jose t no re epeot and esteem of all good citizens and men; that you will suffer the hu mtliation of knowing that yoour career of hypoorlcy, duplicity and dishonor - "I stand here as an Ameri an cltl- ran ao demand any rights,'- Jnterpceod Sonnsita "I'm not asking any lenien cy it the (hands of this court, I an prepared to receive sentence I usk that yvair honor do your duty and pro nounce fe immediately and tUat I be not subjected to humlliaillon and de- gr-Aaing remarmi ,Mcntn pipers u otpylng and will print. I say. If your honor has any self-respect, you will ?iocJ with the sent we." "It is not unusual." was Judge .uunne s repiy, ror courts to -,, De brought into contact with such brazen acts-of effronitry as yours in .the pres ent instance. - It is the duty of the court in such cases to view the con duct of a convicted felon with patience and toleration, not to say pity. By your conviction you will lose the re spect and esteeme ofail good men and citizens. Tou will suffer the humilia tion of knowing. I say that yiur ca reer of hypocrisy, duplicity and dis honor has been exposed, and that you stand before" those who believed In and honored you, morally naked, shamed and disgraced. WAS RAILROADED THROUGH. "I deny that" cried Schmltz. "The people Of San Francisco know how I was railroaded through." Judge Dunne resumed: graced. It Is Jn the knowledge of these things rather-than In any mere lrm of imprisonment in a State peniten tiary, that ithe full measure of your punishment may be found. "it Is the Judgment of this court that you be confined iri the State pen ItentHary at San Quentin, for a term of five years." - Judge Dunne continued for onu week the four ewtortion leases on wh tehl May or Schmlta has not yet been tried. immediately after the passing of sen tence. Attorney Falrall asked ;. that SchmltZibe admitted to ball, bending an appeal. This application will bo heard ofrmally to-morrow. Bills of ex ceptions were then filed and i Judge Dunne granted a certificate of prob able cause, enabling Schmlta to carry to the District Court of Appeals his motion for a new' trial. Move to Build Cotton Warehouses. ' New Orleans', July 8. The move ment of the National Farmers' Union to build this year between ; 250 and 300 cotton warehouses in Texas, Louis iana, Arkansas and Indian Territory was brought unofficially to the atten tion of the New Orleans cotton ex change to-day by E. 8. Peters, of Cal vert, Tex. Representing this scheme of the union for storing the cotton rrop, Mr. Peters Is -en route to New York to raise funds. Mother and Son Killed - Beneath Wheels of Train. 1 -. Galvestoni Tex.r July , S.Mra Louis Herbert and little son, of Beaumont, were killed by a train here late to-day. They Jumped from an automobile fry ing to escape the cars, but . were caught beneath the wheels. . The automobile was not injured, NEW MOVE OF THE GOT3RJV3IENT Department of Justice Adopts Impor. tant Plan in Connection With Prose cution of Tobacco Trust Slay Be ; Used in Other Similar Cases. . Washington, July 8. It Is under stood that tJhe Department of Justice has adopted a new and highly' impor tant plan in connection with" Its pro ceedings against the eo-oalled tobacco trust After asking the court to Issue subpoenas to defendants requiring them to appear and answer the al legatfons contained in the bill, and asking that the monopoly complained of be decJefred Wl'egal. and in violation of the Sherman anti-trust act, the De partment In its petition, which proba bly will be filed In New York within a few days, will ask the court, If in Its Judgjnenit the tntereste and the (facts a diaoloeedi' demand such ac tion, thiajt receivers be appointed to ftake charge f the business and administer- It, In harmony with ; law. Sudh a co unse. It . Is said. If adopted would require he receiver taking ichiarge of a corporation to admfhlster Its buBlnesa with a view to the grad' ual disintegration of such monopoly. that is to eay, such receiver in admin istering such 'buslnsa would from thne to time he expected to sell and dispose of the different (property units composing such monopoly In such a way as to preserve all the essential rights of the stockholder and at the same time ultimately give to tlwi gett eraJl public the benefit of osmpetMon between separate and todeipendent cor poratlons or' business. ; :.': 'i It is understood thlatt this, plan has never before been adopted in the pros ewatlon of trusts, but It Is more than likely that the same plan will be fol lowed In -i dealing ; with the so-called powder trust and such other trusts if the peculiar facts to connection with each would Justify such action. DISPENSARY ACT yiOLATED.il H. L. Solomons, of Chester, S. C Ar rested for Personally Sollrttimr Or, . ders From Members of Dispensary JDUBSU, Observer Bureau, , , - 12 0 Main Street, Columbia,. S. C, July 8. H. L. Solomons, of Chester, was ar rested here this afternoon by Deputy snenn wmte, or seaulort, on a war rant signed by Chairman Elliott, of the; Beaufort county dispensary noara, cnarging Solomons with vio lating Section 46 of the Carev-Cothran Dispensary Act in personally solicit ing members of the board for orders. Mr. Elliott says Solomons told him he represented the whiskey trust but mentioned the name Of only one whis- Key nouse, the Big Springs Distillery, iwe Becuon in . question lorbtdB any firm or agent convicted of ever doing business in the State again. Solomon was carried to Beaufort for trial. The arrest was the result of urtivitv on th tpart or senator Chrlstensen and At , . - - torney General Lyon, of the old dis "pensary investigating committee, and or oovernor Ansel. v MAGDALEXA BAT NOT FOR SALE. Statement of Negotiations Between . Mexico and the United States to " Effect sale Uniounded by the Mex lean,' Ambassador. "-:. Washington, July A The Mexican am bassador, through Mr. Landa, secretary in charge of the office at Washington, to-day said: "There is not one word of truth In the statement published by the press about negotiations between Mexico and the ITnited States for the sale of Magdalena bay and lower California. The subject has never been mentioned by the State Department to the Mexican ambassador and besides there is not, one inch of Mexican territory that oould be purchas ed at any price under any considera tion." .,'." The State Department officials strong ly deprecate what they describe as the periodic revival of J these stories about the acquisition of Mexican territory, be cause their publication Is Invariably fol lowed by an outburst of irritation and suspicion In Mexico that requires the best efforts of American diplomacy to subdue. '" . . -r it Is said that Magdalena bay Is total ly unsuitable for a naval or coaling sta tion. INDICTMENTS FOR FRAUD. Grand Jnry Takes Action iAgainst Edward 8. Lewis, President Vf Peo. , pie's United States Bank, St. Louis. St Louia July A Seven indictments h.ve been returned by the Federal grand jury against Edward a. Lewis, president of the People's United States Bank, charging fraud. " The Indictments were returned Saturday but the faot was not made public untit-to-day. In one indict ment, Xewis and Francis V. Putnam, eashler of the bank, are charged with using the malls - In furtherance of a scheme to defraud the bank's stockhold ers. , Another indictment is against Lewis, Frank J. Cabot and William M. Miller, charging' consplrlcy - to defraud the government on postage receipts on mailing of the publication .issued by IWlS. ' i:t'. -.'" The othir indletments stand atralnst Lewis alorm,' charging him with a scheme to defraud through the People's United states Kantc am tne aerenaants gave be nd to-day. . 1 . j -r . FIRE SWEEPS SMALL TOWN? InceiMllaries Believed to Have Been t Work at Holly Hill, S. C Blood Hounds Sent tp Scene. Columbia, 8. C, July .-Flre. believed to have been of Incendiary origin, wiped out the business portion of Holly Hill, a small town in Barkeley county about 1 o'clock, this morning, causing a loss of about ; $10,000 : with .insurance ; of about $15,000. .-.;....!.(.,., .,"";'.";':v;": ,,,.-.. The principal losers are: H. Horres, A. ' B. Bennett, BJ. Levin, H. Brlce, R. H. Ame & Son, W. B. Gross, B, B. Gross. Ellin and Lea, S. Edwards, B. V. Ayers' hole, telephone exchange, A. F. Carter, Bank of Holly Hill and the oounty dis pensary. . . , , Blood hounds have been sent to the scene with the hope of capturing the guilty party. . , -, Bishop Capers Remains the Setae. Columbia, S. C, July I. The State received, the following telegram this afternoon regarding the condition of Bishop Capers: ' , ' ( "Blwhon Capers condition continues the same. Soone symptoms ahow Im-: proveraent, wnile others the reverse. Some days must elapse before - any marked change takes place." Labor Leader Dies of Wound Inflicted by Labor Agent, Chattanooga, Tenn., July J. Len Reynolds, president of the Coal Min ers' Union, at Mont Lake, Tenn.; who was yesterday shot by W. H. Bellows, labor, agent" of the Mont Lake Coal Company, died this morning pf hii wound. The Mont Lake mine is oper ated upon the open shop principle. . ; TIM Georgia Finally Accepted, Washington, July 8. The Navy De-parrmentto-day finally accepted .the battleship Georgia and authorised the payment to the eontra'Ctora of the re serve fund required by Che contract. WILL BE SENTENCED AUG. 3 THE OIL INVESTIGATION ENDS Attorneys of Parent Corporation De cline to Submit Further Evidence , , and Judge Landis Fixes Date for " Sentencing of Indiana .' Company -j Attorney Rosenthal Makes Formal Statement for Company, Charging That Court Has No Right to , Go Outside of Record In Considering Penalty to be Meted OutCourt List ens Attentively to Reading of State ment, Then Abruptly Calls Next Case.- -i " .' - -, ' 'H'-"'? ' Chicago; July 8. The attorneys for the Standard OH Company to-day de clined to submit any further evidence In the Investigation held on Saturday by Judge Landis In the United States District Court Judge Landis then an nounced Oat sentence will be passed on the Standard. Oil Company, of In diana,' which was convicted of using Illegal railroad rates on August Sd. Judge Landis at the opening of court to-day said to the attorneys for the company; - , - "Have you anything to offer In this case prior to the entering of a final order' , ' "We have a formal statement to make," said Attorney Rosenthal. - . Rr. Rosenthal read it, substantially as touows: - ;; "In answer to the court as to wheth er the defendant desires to offer any evidence tending to show that the de fendant or the Standard OH Company of New Jersey violated the , inter State commerce law before, and ap pearing now for the (purpose iif an swering this inquiry, and - deuying the jurisdiction of the court in the premises and contending that this en tire nijurly is beyond the legal power of the court, the defendant still in sisting that the record in this case shows atht it is Innocent .of the or fenses charged in the indictment, the defendant desires to say: SUGGESTIONS IN THE RECORD. "There are in the record no sugges tions i that this defendant ever be fore was charged with violation of the inter-State commerce law. "For the defendant now to assert Its innocence of matters that it is not charged with, or attempt to show that it has been Innocent of wrong doln? in connection with matters outside of the .record of the case would pre sent a situation unheard of in Anglo- Saxon Jurisprudence." The statement claimed at ;v some length that the court has no right to ko outside the record of the case ir considering the penalty to he meted out. The statement then concludes: "If the occasion shall ever arise iu an appropriate proceeding where this defendant can without any waiver of its legal rlgiits subject itself to wio question of Us having heretofore vla lated the inter-State commerce law tt will certainly appear that since the passage of the law there has been no violation of its provisions by either the Standard OH Company of New Jersey or the Standard Oil Company of Indiana- Through the reading of the state ment Judge Landis listened with much interest and when it was con cluded, said abruptly: 8 - f, FINAL ORDER AUGUST 3D. "The final order in this case will be entered Saturday, August 8d " He called the next case. J. D. Archbold,, vice president of the . Standard Oil Company of New Jersey;' H. E. Felton, president of the Union Tank Line; C. M. Pratt, secre tary of the Standard Oil Company, and F. O. Barstow, the assistant treas urer, were in court during the pro. ceedings. : WORKMAN CRAZED BY THE HEAT Attacks Fellow Laborers on Wall Street Building With Hatchet, Fat ally Injuring One and Seriously Wounding Two Others Narrowly Escapes Death at Hands of Crowd. New York, July 8. Armed with a hatchet and crazed by the neat, a workman on a Wall Street building, ran amuck among his fellows to-day, fattally injuring one and dangerously wounding two others. He was then at tacked by the crowd which had gath ered and narrowly escaped dearth him self, v The workman's name Is Milton AI- bin, a plasterer. His victims are Mich ael Reilly, who will proDaoiy ie, Patrick Sullivan and Edward Smith. All were at work on the new building of the Trust Company of America. Al- bln -without, cause or warning, at tacked Sullivan, with whom he had worked for years. After he had beat him into unconsciousness he turned upon Reilly, whom he struck with the blade of the hatchet, fracturing the skull. Smith was wounded in attempt ing to separate Reilly and Albln. Tho cries of the Injured men by this time attracted all the other workmen and a crowd from the street, who united in a desperate attack on the crazy man. The hatchet was wrenched from Albln's hand and he was so badly beaten with 'It that the police, after rescuing him, had to send him to a hospital. To the police Albln .said he must have Jeen maae insane ny ine excessive heatt ; - NOT POSITIVELY, IDENTIFIED. Mrs. Scott Not Able to Say With All Certainty That Hie Negro neld at Wilson Is Her Assailant Should She Say He is ne Would Probably Be Lynched Immediately, Bteclal to The Observer, . Wilson, July 8. Yesterday morning a negro who, gives his tratme as Walter Smltlh was caught breaking into the home Of Klnchen Owens, o' '.hi pity, and brought here last night and Jail ed. ..Several people wno saw Mm be lieved that be was W1H Nlxonwho committed rape on Mrs. is Lot Scott about two weeks ago at her (home six mil as from here. This report npread lamd lynching ; was feared. Sheriff Shanpe had Governor Glenn to order out the Wilson Light InXantry to pro tect the Jail. i This morning (Mrs. Scott, who is 73 years old, was brought here to identify her .assailant, . Tma'. she wins unable .to do. There " Is proof, however, that he was seen at her home the day of the crime. .. . t College Destroyed by lire. . New Orleans, La July . The flu Charles College at Grand Coteau, La., was destroyed by fire to-day, despite the efforts of the able bodied men in town who for hours fought the flames with buckets. When telegraph , com munication with Grand Coteau clos ed for the night, the populace was still fighting fire, hoping to save at least the church, , . Tljhon..ciessages from n near Grand Coteau say the'flre was brought tinder control saving the church. The college was built in 1817. HUGH CHATHAM CHAIBM AN HIS ELECTION IS UNANIMOUS Senator Simmons' Resignation as - Chairman of the State Democratic Executive r Comnutteo Accepted With Reluctance Two Resolutions Offered to Create the Office of Vice Chairman Fall 'Through 'After Much Discussion The rosition Ac " cepted by Sir. Chatham on Con dition That Some One Else be Eleckad at Next Convention. -Observer Bureau, . . o The Hojlaman Building, - - v- Raleigh, July 8. To-night's session of the Demo cratic State committee lasted: three hours. ' ; Chairman Simmons called It to order. Wilson Q. Lamb was made president pro tern and A. J. . Field secretary. . Hugh Chatham. "of Surry, was elected to fill the vacancy caused by thedeath of. J. R. Lewellyn, and R. T. Claywell to fill the vacancy In the ninth, due to the death oi R. J. Brevard. The resignation of Senator Simmons as chairman was laid be fore the committee by F. S. Sprulll in a speech of ' marked force, In which he paid i remarkable tribute to the' retiring chairman, eaying he was a leader ' of leaders and a man of men; that he originated the con stitutional amendment which Is North Carolina's Magna Chart a; that .his tender" of resignation was no play to galleries, but' he needed time, to studyv:f"".ir'''i-.;,!t-"''' Charles Abernethy moved a reso lution accepting the resignation and tendering thanks . to Mr. Simmons. C. O. McMichael said the time was Inopportune to aot now and he of fered an amendment that the resig nation take effect at the end of the next State convention. Pearsall of fered a resolution creating the office of vice chairman, but withdrew this. Then J. B. Blair offered a similar resolution only to have it rejected by the chairman, who ruled that the party plan made no place for such an official. ; There was prolonged dis cussion of these matters, it being stated that there were a number of candidates for Governor in the "field and that hence it was with Chairman Simmons to retire so no one oould accuse him of partiality towards any one of these. His reply was that in all his splendid campaigns he had never shown the slightest partiality. MoMlchael's amendment that Mr. Simmons' resignation take effect at the conclusion of the next (convention was lost, eyes 19, noes 14; and Abernethy's resolution accepting tjh.e resignation was adopted, only one vote being heard In op position. E. F. Aydlett moved that the chfairman be elected to hold only until next convention. Blair nom mated T; iB. Bailey for chairman. Ayd lett nominated Hugh Onatfaaim to whom he and Paul Means and Dough ton paid notable tributes as a sterling Democrat always ready to aid his per. ty with heart and torain, energy and means, and partial to none of the gubernatorial aspiranta. , Manning and McMichael having saH that they thought it isnwlse to elect Chatham because he wa president of th North Carolina Railway, Jonephvs (Daniels said, mMst great applause. that he thought ft best lor the tarty to eloot 8.tm and hea-rtWy s3oid3 hla nonunatlii, ' f Applause) "Manning nominated E. L. Travis, who declined and Chatham was on motion of M. L. Shlpman given a unanimous election amidst muoh ap plause. He was declared duly elect ed and was introduced by Acting Chairman Lamb. He spoke briefly, saying he accept ed the position but with special pro viso that he be not named for chair man by the next convention. He said he would show no partiality for any of the candidates for Governor. A resolution offered by W. A. Stewart was adopted by rising rote a commit tee of five to draft resolutions setting forth the splendid and distinguished service of Chairman Simmons. Chair man Chatham appointed as this com mittee w. A- Stewart, Josephus Dan iels, S, A,'Aethe. E. J. Hals and E. F, Aydlett." Another . resolution was adopted creating a committee of five, composed of A. D. Watts. ' Edmund Jones, E. L. Travis, Josephus Dan iels and R. A. Douitrhton to nrenare and present at the next meeting reso lutions concerning the deaths of Lewellyn and Brevard. . STABBED HIM IN THE STOMACH. A Former North Carolina Tndian Maiden Slapped by the Man Mho Lived With, Uses a Knife With Per haps Fatal Effect . Ppedal to The Observer. St, Louis. ty Mo., July 8.Ma Lily Irk, a half-breed Cherokee, who was . u iii Vi J; . i.nmuon near Ashevllle, N C., held William IOnney fs , r" T'!.?1 a "ioon to-day with r m """i" iicr ruin nana. Fpr four years she and Kinney had liv- . "1"t. ens says, he struck her. When she went to the sa- lnnn n 1 AAmanA-A ih ... , with her, he slapped her on the neck, our maji. un iwjr oi ner lnoian na ture was aroused and she sought re venge for all past abuses with the quick stroke of a knlle. Now she is a prisoner awaiting , the outcome of Kinney's in juries. kee mmM Tuscurriliim. He acquired the nuuou iitvuic ui .mcuj . irom wmte acted as interpreter. Her mother, Mrs. warn av j?rancn woman, reared In England, who came to North Carolina as an Immigrant. . Mrs. "Lark's maiden name was Llllle Tuscumlum and she attended school at Carlisle, Penn. When she was about 17 her parents gave her $2,600, she said, and she started out f er herself. She came to Bt. Louis about 12 years ago and later married. About four years ago she separated from Lark. She never sought a divorce nor did Lark, according to-her story,. THE RECEIVERS INTERESTING. Stockholders of Exchange Bank of Macon Meet July 18 to Ratify Ac ' tlon of Directors, n Macon, Oa., July $. The receiv ers appointed by the court actively began aft investigation into the con dltion of the Exchange Bank this mornlng,. The directors held a meet ing and issued a call for a stock hold" era' meeting July 18 to ratify the ac tion of the directors in asking for a receiver. . v -. v i.v. -r i -.; This sfternooB a deed of sale exe cuted by the Exchange Bank July 3, 1897, was recorded In the ofilce Of the Superior Court lerk for Bibb coiunty, transferring tn the American National Bank, the Fourth National ftapk, the commercial A Savings Bank and the Macon . Pavings Bank, the building and bank' fixtures of the exchange to secure the loan of 890, 000 made to the Exchange Bank to assist in tiding over Uie recent run. A PAKDON 6H EN GQSNELL SEXRAt OTHERS GRANTED ALSO The Board of Pardons Submits Its Re port to Governor Ansel and' It is Adopted Southern Railway Ap points a New Attorney for Savannah - Division One of Columbia's Muni cipal Issues Will Be the Cutting of an Elm Tree More Time Granted tbe Railroads in the Matter of As sessments Magistrate Keller Sus pended for Drunkenness. Observer bureau, . ' - 1209 Main Street, Columbfiay 6. C, July 8. V Adopting the reconunendatton of the pardon board Governor Ansel to -day granted a full pardon, tto Poinsett Gos nell. who together with Sol : Norton, was serving a life sentence v from Greenville county for the murder of Nln OosnelL ' Norton died several yearn ego. The pardon board was convinced from the statements made by Gosnell's attorney, ex-State Senator A. H. Dean, and from affidavits , submitted with the petition. Including statements from tha wife and daughter of "the dead man,, that the men who did t do , the killing were acquitted, - Nln GosneU was killed in a pictur esque pitched, battle in a corn Aetd on the side of a mountain in the famous moonshine Dark Corner . section of Greenville county, about sundown, Ho had carried his shot gun to the field land had challenged all comers bo ar rest 'him, there being a warrant out for his arrest. , The .petition recites In graphic language the story of the pitched battle between a posse' of four deputies and Nin Gosnall, who was fighting , single-handed and alone. The report of the work last week of the pardon board was mode to Governor Ansel to-day by Secretary W. A. Clark. The Governor had had al ready examined the papers, at once adopted the recommendations through out. , OTHER PARDONS GRANTED. In addition to Poinsett GosneU a full pardon - was granted . to James Smothers, given six years from Rich land county for steading a bicycle, five years of which he has already served. He is' in the fast stages of consumption, probably on account of contact with other tuberculosis pa tients at the penitentiary. Other full pardons went to Mollle Wesslnger, given ten years from Lexington for arson; and o Mack Workman, given three years from Laurens for man slaughter committed In the siprlng of 1901. In the case of Ed Roe, a Rioh land county larceny convict, a condi tional pardon was granted. A noted case on which the board acted, was that of R. F. and J. H. Rlohey, brothers, given a torm in the penitentiary for stabbing Sheriff Green, of Anderson, im the stomach when he went to arrest them at a pic nic, wjien the sheriff came toward htm, R. F. Rlohey had out his pocket knife eating a meat sandwich. Then J. H. Rlchey Interf erred. The sen tences of both are commiuited to the present time, and R. F. Rlohey is re quired tfo pay a fine, of $60. The cases of Walter Alton, from Colleton oounty and Charles Zlzzett from Bamberg county, both life term ers tor murder, were continued. LIFE TERM COMMUTED. In recommending commutation to life imprisonment of the death sen tence of Isaac Thompson, an Aiken county murder case, the board eay in its report to tne Governor: "In the case of Isaac Thompson, who was convicted of murder in Aiken county and sentenced to death, the board would recommend that the sen tence be commuted to life imptiaon- menx. iirus was, as expressed bv tha solicitor, an aggravated case; but in conaweratron of tlhe tftendant cdroum- stances and the fact that the htmloide grew out of a frolic dn which mamv of the- parties oomoerned were engaged, the board agrees with the presiding judge ana teeis tnat the majesty of the law would be fully upheld and the ends Of Justice better attained bv im- posing a sentanoe of Mfe Imprisonment ana cor tnese reasons the ooard would respectfully recommend the same." in the case of Solomon William . given fine of 1100 and a term of one year for forgery at Sumter, the Gov- ernor recused to extend clemency without referrtng the petition to the board. Dr. Julius H. Taylor, of thim itv has been appointed division surgeon of the Savannah division of the Southern in place of Dr. Frank D. Kendall, who has held ths t1a tar several years. The appointment of Dr. nenaaii was a general surprise, for although he Is a sunt eon of ahiiitv and.laro practice, both the State and oounty medical . societies have turned against him and practically all of his fellow, doctors refuse to consult with hjm. A TREE IN POLITICS. The cutting of a large elm tree at the place of a Mr. Harris on Senate street, the aforesaid cutting being of- uvuuiy nimuoneu, promises to be an issue in the next municipal campaign. The cutting of ths tree has started a perfervld controversy In the newspa pers between Mayor Globes, Mr. Har ris, and Chairman Keenan, of the street committee; and If the thing keeps up. about a dozen others will be drawn into the fight Parts of ths trunk of the tree have been brought up to ne city nan ror puowo inspec tion to show that It was decayed In the heart and would . shortly have died anyway; but this 'does not con vince. The strange part about the whole proceeding is that several months ago several good trees wars chopped down on Plain street a block east of Main street for the purpose of allowing a house to be moved through the streets, and nothing has been said about that RAILROADS GIVEN MORE TIME. : At ths second meeting of the rail road hoard of assessors to hear fur ther protest from the railroads against the assessment - for taxation against them, the board took no action, giv ing the railroads until August 1 to file further evidence of physical val ues.' Whether tha hoard will recede from Its position f of assessing ths roads at market value Instead of on a (0 per cent, basis, as other proper ty has been assessed, cannot be said. "The board Is simply standing pat on that proposition," said Chairman Jones of the bord to-day. "Ws want to get at the values first. We will de cide on August 1 as to the basis of assessment" Governor ' Ansel to-day suspondeJ from ofilce Magistrate W. J. Keller, of Shelton, Fairfield . county, for drunkenness and neglect of duty. Kel ler claims that her Is the victim' of a faction In his community which want to wrest control from him. R. B. Hill was to-day appointed master la equity for Abbeville county. In place of the late lamented Mr. L. W. Perrln, who dropped dead recent ly from over-excitement while attend ing a baseball, game. SUPREME XOURT GRANTS NEW ;. TRIAL. ; In a decision filed to-day the Su preme Court grants a new trial to J. F. Hicks, a young white man who was convicted at Qceenvllle recently for obtaining $25 under . false pretences from Thomas ' Sloan, the druggist Hicks gave Mr Sloan a check on the People's Bank where he had no funds. He claims to have told Mr. Sloan af terward that he intended making the necessary deposit before banking hours next day, but took sick and oould not do ' so. The new trial is grated on the ground that It was not proved that Hicks intended to commit a fraud, intent being the essence of Crime particularly in' a case of this oature. : ."-.;-. J-.- :. Practically every man, woman and child In the town was aroused from slumber about 8 o'clock this morning by an Impromptu concert rendered by a laTge number of engine whistles and bells at the Sydney park freight yards of ths Seaboard. On the South side of the park three small cottages caught fire, and the blase for a time was quite demonstrative, but the -concert was likely due more to mischief on the part of engineers than to alarm.. The thing Is the talk of the tewn to-day. i . BARBERKXLLED BY SALOONIST. Former Found tn Company With Lat ter's Wife Both Men Draw Weap ons, Husband Firing the First Shot, Which Proves FstaL Knoxvllle. Tenn., July 8. Ed. MackUh, aged 5, was shot and almost Instantly killed .this afternoon by Ed ward MoNew, while the former was in the company of. the tetter's wife. The tiagedy occurred - on what, is known as Tutterell's bluft, south of the Tennessee river. MoNew had for some time eusplcloned that bis wife was on too Intimate terms with Mack lin, This afternoon he was Informed by a friend that she had left their home on Fouche street with Macklln and that the pair had crossed the river bridge together. MoNew in formed his wife's brother and another friend and the three proceeded to where the couple had gone. Macklln and Mrs. McNew.were seated on the ground enjoying a lunch when the irate husband and his friends appear ed. Macklln and McNew saw each other about the same time and each pulled his pistol at about the same Instant. McNew fired first, however, and the bullet struck Macklln's right forearm and entered below the right nlppltl Two more shots fired by Mc New took effect and death ensued al most Instantly. McNew, following the tragedy, recrosswl the bridge and went at once to the court house, where ho surrendered to the sheriff. Deputies, were smt to the scene and the body of the dead man removed MackMn was a barber by trade, while McNew is a saloonlst. Mrs. McNew Is a young woman 25 years of age. She states that she and Maoklln had been on the bluff about one hour when the tragedy occurred. They had Just opened a lunch which Macklln brought with him when the husband appeared and the tragedy followed. JAPANESE AMBASSADOR SILENT. Declines to DIhciish Reports Indicating Indefinite Siinpeiision of Negotiations for Renewal of Present Treaty SCmhassy ffmiclals Discredit Report ed Utterances of Admiral Sakomoto. Washington, July 8. Viscount Ao kl, the Japanese ambassador, to-dby dealined Ho discuss the reports Indicat ing an indefinite suspension of the ne gotiations for a renewal of the pres ent treaty between Japan and the United States, if the government re serves the right to retain a clause in the oompaot permitting tine exclusion of Japanese coolie-labor. "That -Is a matter about which you must ask the State Department offlolala," he said. "I cannot discuss any feature of it for publication." , Ths reported views of Foreign Min ister Hayashi received here yesterday through the personal representative of Count Okumfat the leader of the pro gressiva party in Japan, outlining the Japanese government's attitude on tela subject, were road with ia great deal of interest by the officials of tho Japanese embassy, but they would not make any comment on the subject. ; Ambassador Aoki'e attention . was (dalled to the published statement that the battleships of Admiral Evans fleet were to be sent to the Padllo to which (he replied: "You don't hoar any word of thte in Japan, but In Europe and in the United States there is plenty of talk about it." At the Japanese embassy the offi cials discredited the reported utter ances of Admiral Sakomoto. Mr. Mas ahao Jlanfhara, the second secretary, expressed his strong belief that the admiral ha not given voice to "any sucih utterances as those printed or anything-like them,: and ithat If he spoKe aoout tne matter at an, he has been badly misquoted. Admiral Browneon, chief of the Bu reau ot Navigation of the Navy De partment, said to-day that he was sat isfied tfhnt the Japanese admiral, Sa komoto, who ia reported In a Japanese anti-governmental paper to have ques tioned the patriotism of Amerltnn na val crews and the ability of the Ameri can twvei officers, has been misquoted Swtd Admiral i Brownson; i While spurred on by a spirit of unrest or homesickness, saitors have sometimes left tha American navy they have al ways done so In time of peaoe. Thm Is no record of blue Jkot doserang In time of war." , Railroad Blocks the Way. Nsw Orleans, July ' 8. Municipal railroad building on the water, front was temporarily interferred with by the Southern Pacific Railroad, whkh to-day ; purposely derailed several frelgh oars where the city was about to cross tho company's (tracks. Sup erintendent Cushlng. of the Southern Paoiflo, said that they had done what appeared to them right, their pur pose being to prevent city employes from using a frog crossing alleged to be below standard. The mayor agreed to use proper crossing and the cars were hauled out of the way. . vbAaVs '.' f" Assistant May Succeed Resigned Direc tor of Frisco .Mint. " Washlngtoirft July S.Secretary Cor. Myon hsa rwommendd to the Pres ident the appointment of Fmnk A. Ieach, the preeent superlntendenit of the Mint -SHm Francfrw ee dtmnr of the Mint to succeed George E. Rob erts, resigned.- . EQUAL SERVICE DEMANDED SEPARATE OARS NOT UNLAWrTL Case of Negroes Against tho Nashville Chattanooga St. Loula Railroad ; Decided by Inter-Sate Commerce Commission Colored Passengers ; In Some Particulars Unduly and I n- " justly Discriminated AgaUi."t Sim ilar Accommodations Shall Re Pro vided For Negro Passengers Paying . Similar Fare Failure to Do This Is Discrimination, and Subjects Pas- , senger to Unreasonable Prejudice nd Disadvantage. - - Washington. ' July 8. Tho Inter state commerce commission in a de cision to-day in the case of Georgia Edwards against the NashvUle, Chat tanooga ft flt. Louis Railroad, held that where a railroad provides cer train accommodations for a first-class passenger of the white race it is com manded by the law that Ilia uraom. , modations shall be provided for ne groes who have purchased ffrst-tlass tickets. It holds that in this case it is manifest is railroad "has unduly and unjustly discriminated - In -some particulars against colored passengers and orders that where the railroad provldss a washbowl and towels In the coaches for white passengers and separate smoking apartmenit, similar accommodations shall be provided for negro passengers paying similar fares." The complainant, who had purchas ed a first-class ticket from Chatta nooga, Tenn., to Dalton, Ga , was re moved from car for white persons to one for negroes and complained that she was discriminated against because of her color and not afforded equal facilities. Commissioner Lane, who rendered the commission's decis ion to-day, held: THE DIFFERENCE IN COST. "The expense of the small emoklng apartment in the latter (the car for J the whites), accounts for nearly all the difference m cost between ths two oars.";- '.-.. '-,.;;; i?...: He holds that the broad question of the right under the thirteenth and fourteenth amendments of the con stitution to segregate white and col ored passengers has been upheld by -the Supreme Court of the United States. The opinion then continues; "Accepting these decisions as con clusive upon the constitutionality of such laws, we turn the consideration of the reasonableness of such a nils -when Imposed by the carriers;; and this wo find to have been passed up on by this commission wKhln a few months of its organization in the case of Council vs. Western ft AtlanUo Railroad Company, which was decided December 3rd, 188T, and whloh held this separation may be carried out on railroad' trains without disadvantage, to either ra-e and with increased com-' fort to both. t-M ,: SEPARATION! NOT UNLAWFUL. -"Again in Heard vs, Georgia Rail road Company, decided February 18. 1888, the commission held that the separation of white, and colored pas sengers paying the same rare Is not unlawful, If cars and accommodations equal In all respects are furnished to both and the same ears and protec tion of passengers is observed, . "While, therefore, the reasonable ness of such regulation as to' Inter State passenger traffic Is established. -it by no means follows that carriers may discriminate between white and colored passengers tn the aceorarooda tions which they furnish to each. The principle that must govern Is that carriers must serve equally well all passengers, whether white or col-' ored, paying the same fare. . Failure to do this is discrimination and sub jects the passenger to 'undue and un reasonable prejudice and disadvant age." " AUTO HITS TROLLEY POLE. Dr. Julian Thomas and Two Women companions in Berioas Condldon One of Latter Has Leg Amputated ' and the Aeronaut May Have to Un dergo Similar Operation. New Vorki July $. Or. Julian P. condition at Fordham Hospital to-day unenng rroro a compound fracture of the leg and internal Injuries received tn an automobile accident tost night wnen toe maomn, carrying the aero ttaut and two women companions, crashed Into a trolley pole tn the Bronx. Physicians : said , to-day that Dr. Thomas might have tot sniffer tha amputation of his leg. Miss Florence IDaas, an actress, who wlith MOss Grace Rogars. was with Dr. Thomas iwhen the aocident occurred, was so serious ly injured that physicians amputated her left leg to-day at Fordham Hospi tal. Miss Rogers was Injured inter nally, but probably will recover. Dr. - Thomas sund hu Mtwl - traveling at a high r&6e of speed down wnrumv nnu rasi mgim. jvear the entrance of Woodlawn cemetery the road makes a sharp turn, whkh the aeronaut evidently did rmr m darkness. The machine crashed into a ' heaw trailer, vole and . nhAnu and his two oomp&inkms wore, flung out or una msuonme at it from a cata pult.. The uomoWle was "reduced to scrap Iron hy h impact V-r Tbornus) was found to have sustained a frac ture of the rfafot lea and tn u r. fered internal Injuries, His body wan covered with bruises. Mies Rains and Miss Rosrers , botii . when found fytng m the roadway. The pnymcians rouma tnat miss hsmb would have to undeno (the ammiAnHnn - her left leg to save her life. - Two women were killed at the ewmo plaos hut year In an automobfte acci dent. ,, ' Elks Arriving a Philadelphta. Philadelphia, July 8. The first of the host of Elks who win be here for the annual convention and re union which begins in this city next week, arrived to-day. Col, John P. Sullivan, of New Orleans. grand esquire, who will be grand marshal of the great parade-to be held July. 18,: was the first of the officers to reach the city. His, headquarters are at the Bellevue Stratford Hotel and he will be busy all week mapping out the details of the parade. He will as sign, the participant lodges, to their po&Itton in line and will also appoint two acora of aides. Complain of Freight Rates on r.v?i . and fchoes. , Washington,, July 8. Bass ft r . - i of Rome, Ga., to-day complalneJ ! the . inter-State commerce comui! that the rates charged by tha S r' Railway . and other Hops (tf . dofn business with the Fotifh, too hlirh en hoots and shoe, i ov that th pommisston reduce t.u. at. least S5 per ceat...
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 9, 1907, edition 1
1
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