Newspapers / The Charlotte Observer (Charlotte, … / July 18, 1907, edition 1 / Page 1
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JJUECCIUPTION VlllCu: C3.C0 PER YEAR. CHARLOTTE, In. C, TIIUIDAV IIORNIXO, JULY 18, 1007. PRICE FIVE CEXT BUSY DAY JFUJK DEFENSE E-CCRE OF WITNESSES TESTIFY John Jones Swears That He Was at His Home on the "Night of tlie Lynching Ills Story Corroborat ed by Several Witnesses W. T Owen,,ISrotlier-la-Law of Jones, Ills IScst Witness Some Testimony Chen That Sounded Fishy Judge Peebles Declare With Great Eni pliasls Tliat the Article Published In Tlie-Wadesboro Messenger and Intelligencer Was High Contempt . of Court Witnesses For Defense Continue To-Day. " Special to The Observer. - Monroe, July 17. The' first witness called for the defense this morning was T. B.;Tomllnson, the officer who took Kendall to the preliminary hear ing:. Tomljnson said that when they were . driving to Wadesfooro Kendall . told him he was at home on the night of the lynching and that he heard the crowd coming back from Wades boro and went out to his gate end eaw about 75 men driving by ' but could not recognise any. one.. Witness said the character of Jones, the de , t endant, was good. V "f T. C Robinson testified that Sheriff Bogan one night about a weeks after 'the event. while they and others were sitting in front of. the drug store, had. asked who that was when young Ken dall drove op and went Into the' store. Will Dunn, one of the defendants, 'replied: 'Why, that's your ..friend. young Kendall." - C. ' J. Gathlngs got up About . 2 O'clock'that night, he eald, and think ing from the shooting he heard. thai there was" a fire down near the Jail - went there and saw two men near the alley leading from the street to the back of the jail. He heard shooting la the back Not the Jail and one of the men called out, "Boys - hold 5 your " serve; don't shoot so much." He saw - nobody on horseback. He heard Ken dall's testimony that he was there on there an instant and went and mood on the square, about to teet away, nearly an hour. ? The crowd passed ' within la, feet of him when they car ried jonnson away, ue am not rec- no-nt inv f thorn ' On cross-examination witness - ad- , vnlttaA hjt ttm nitrfct worn n darlt that ; he could not distinguish a man seven xeet irom mm, ana mat mere mignt , ' have jheen some one on horseback near the alley and he could not have 'Been him. He said several of the de . fendants were kin to him. He thought ? there were about 60 in the mob. : i : oix witnesses lonirwea uauungs:, i. I. Dunlap,-Robert Jones, H. E. Allen, . I1 . U: fnit nitnn . W w r.llara and VV , T. Moss, the consensus of whose testi mony was that Kendall end Bogan had declared oh several occasions that - ' they did not recognize anybody in the ' mob, and, that Kendall had stated he did not see the mob at all. until they ' - paaed his bouse that night On their ::,. vl-.iv tTnm Waiiwitinrn B.ftwr fhft tvnnh. REGISTER OP. DEEDS " SIGNED r , - . THE PAPER. - ; ' - C. C. Moore, register of deeds In Anson couhty at the time of the lynch Ing, said that he saw Sheriff .. Bogan the next morning about 8 o'clock. He any one and' he said he recognized - Will Dunn young .Lawson and T. V. Hardlsoh'a sons. Later In the day Bo- . ' gan came to witness and asked him '. if he would have thought that Tom Hardlson would have anything to dd ' with a. lynching. Witness replied, "I would dot think so, and I don't ..think t so now." On cross-examination, wit ness said he Was related to several of . .the defendants. He said that he had - signed an article which was got up and published in The Wadesboro Mes- senger ana iijteuigencer, setting lorcn the misdeeds of the man who was three or four weeks after the lyach- - ing. -..- - - -.,-..... ' The cout:"Dld you-sign that pa per m your omci&t capacity as register oC deeds -v "Well, I'was register theiv" , - "Do you think It was any less a violation of law to lynch a badTnaTr ' than a good man?" '. , r ' Witness said that he did not aip ' prove of lynching. . , 1 : On re-direct examination '"witness . eald his motive in signing the paper was to let the public know what char- ..... HIGH CONTEMPT OF COURT. , Shortly; before court adjourned for ' the day, Judge Peebles ordered the Jury to retire and then stated with .great emphasis and feeling that the ' publication of the article Just men tioned washigh contempt of court , and that,'1 if 'he had1; been' in Judge Shaw'e place at the previous trial, he would have punished 'every one of the signers ' , -: ., 1'v;. '-.,,.,:-;,J James A. Hardison heard Sheriff Bo gan .say ' the next morning that he could not recognize any of the mob. - On cross-examination, he said he had contributed to pay expenses of. de fense but could not remember the amount. ' 1 , ' i r ' ' ' - R. A. Templeton stated that Sheriff i Bogan asked him about the difference .In size .of Zeke and Battle Lewis. This was June 16th,; 1908.' ;m. Cross-exam ined ne said mat tne aate mentionea wius ftiior ui suet ilk nau tcwu- -. fled et the hearing and the Lewises ,had been -bound. over.".I.,-r:j''ii;',ifc;:''-: Sheriff Bogan if he recognized any of the crowd and he replied, "How could ."I, When everything was iblack as hell 7" The witness is a twother of Frank . Nlven, one of tlie defendants, and he - testified that .his son nd Jim Swlnk '' Were at his house the night , of .the nimnKU- iJ llistt ilM Tint trn . t o'clock in the- morning. He said Swlnk was instructing him in Masonry at that time and often spent the night et his home. - , Thomas Watkins, the next witness, told about Will Meeks, one of the boys who turned State's- evidence, coming op to him in Wadesboro, though he had never seen the boy before, ' end telling him that he did not! know .anything about -the lynch ing; nor anybody In the mob. On cross-examination - witness eald that Meeks told Wm 'he was living with the Kendalls and officers had ,told them if they came tip and testi fied to the facts they would get out of It. He said Meeks came right up to him in the street and told him this, though he had never seen the boy be fore. Watkins' ' testimony i "sounded very fishy. V;,S;vv:-.-.;:v About ten other witnesses followed the jat,Vbut most of them simply tes tified as to character..i;:,v";i'iw:.;'; t JONES' JJROTIIER-TN-1jAW 'TEST1 ' FIE8. r The most important witness for the r. defense as well as the defendant rnlm- (Continue4 On Page Four. ALL PLEAS AEE OVERRULED AGEXT GREEX'S TRLL TO-DAY, Counsel for the Southern Railway Try in Every Way Possible to Get a De lay in Proceedings but -They Go on Agent Green Refuses to Plead Guilty or Xot Guilty and the Court Directs That fhe Latter be Entered Against Him Judge Pritchard Hur rying to the Scene to Take a- Hand In the Matter and His Arrival is Awaited With Much Interest. . . ; - observer 'Bureau, -, ' The Hollaman Building, , , ' ' .Raleigh, July IT- : After a4 series ' of legal contests ex tending through the day and until late in the evening in the sensational con flict between, the State and the Federal courts involving punishment for vio lation of the State railroad; rate law, the defendants,. the Southern Railway Company and prisoner. Agent T. E. Green,- were directed to make a plea aa to guilt.'; In the language of coun sel! for the . defense the defendanU "stood mute under the circumstances" and an order was entered that hearing of evidence as to guilt begin to-morrow morning at 10 o'clock. ' It is un derstood that Judge Pritchard et the United SMtes Circuit Cout Is on the way to Raleigh from Ashevllle and will take a band In the conflict to morrow. What that will be remains to be seen but if is believed that It will be most probably to take In some way the custody ot the prisoner oa the ground that; the whole: matter Is at issue in his court and that the pro ceeding in the State court at this stage of the testing of the constitutionality of the rate act has no standing. K ; - . It la with intense interest that the arrival of Judge Pritchard on an early morning train and the re-convenlng of the State court by Judge Long at 10 o'clock are awaited. s , . - Immediately on convening of the court at JiSO p. m., the case against the Southern Railway and Agent Green was called and counsel for the prose cution announced readiness to proceed with the trial. Counsel for defendants filed a pleading of special appearance Oil several grounds, one after, the oth er, the pleadings and arguments there on continuing until nearly 8 o'clock, being overruled In the end and ; the defendant Green directed to make hit pleading to the charge "Guilty or "Not Guilty," In which he "stood mute un der the circumstances,, as counsel ex pressed It, yand the court directed the recording of "Not Gulltyf as &e ans wer. . Immediately recess ' was taken until 10 o'clock to-morrow, when it la the purpose of the court and the coun sel for theprosecutlon to proceed with the actual trlaL What move the coun sel for the defense will make, if any, is not disclosed. ' - .' , " The first jlea made by the; defense In the special pleadings was that the defendants had 'noflreen "given guBV-' clent time to prepare their case,- that thtt orTAKt uraa mailn wolr1ar and Judge Avery, of counsel- for the prlswj oner, had only just arrived here from Morganton and other counsel had some Into the case with no opportuni ty to .confer or prepare for the proper conduct, of the defense; further, that In the defense It would be the purpose to show the act unconstitutional as confiscatory of the property and the penalty clause, also a violation of the constitution. Witnesses from - a dis tance would have to he brought here and such time would be necessary ne cessitating continuance for the term. Two pleas raising the question of the Jurisdiction of the. court a.nd In cluding the proceedings' in the Injunc tion litigation at - Ashevllle .before Judge Pritchard, of the United States Circuit Court - for the testing of the constitutionality of the rate act, and restraining the corporation . commls elon and other State officers, were read. rj f-:- : "! "! " MOTION TO CdNTTNUB OVERRUL- Judge Long overruled the motion fox continuance on the ground that the matter of tfl6 proceeding against cne aeienaants had been in progress for several days, Involved Issues of great importance to the publio and speedy trial was imperative. He over ruled the pleas as to jurisdiction after an elaborate argument In support of thepleas by General Counsel A. P. Thorn,, of the Southern. In his ar gument Mr Thbm reviewed the whole history of the rate legislation In North Carolina, the injunction proceedings before' Judge Pritchard and the ar rangement in accordance witti North Carolina's pracltce for refunding the extra one cent a mile by means of coupons In the event the reduced rate is sustained. -.He contended In a most eloquent speech, t that this was the proper course, guaranteeing the rights of every one and calculated to secure the most speedy possible settlement of the issues, tt; The ' dlstrkfT court now having jurisdiction, -.this Superior Court could hot proceed wit!h crim inal prosecution for penalties when a concurrent equity court had In pro cess of investigation the questions at Issue and, had made provision for the continuance o fthe 'very acts under proper safeguards that the criminal court was taking steps to punish. - . Judge Long in over-ruling.the plea (hat jurisdiction of .the whole, matter was : with -the United States Circuit Court stated that he 'had the, highest regard for Judge pritchard personally and officially, and that any judgment of his j would receive careful consid eration, hut that' In hie opinion the act of the, Legislature fixing the rates was eelf-oDerativa and there ; was no -reason why the State court Should noil proceea wiiu me ciuurveutefit ui ium la wo fthe State by the punishment of violators; that the corporation com mission and others restrained by the Federal Court really had nothing to do with putting in operation the new act.- (Mr. Thorn cited Section 11U of the Code, i but the Judge held that this' was not applicable to the opera tlo nof the rate act " Judge. Long -asked If there were further , pleadings by the defense In special ' appearance and the request came' that recess be taken until to morrow to determine If there were, counsel having had no time thus far to.' properly canvass the whole situa tion.; This was refused.'. The defense intimated that there might be a plea that the police justice court In Ral eigh was the proper, tribunal to try the charge, being a misdemeanor. Judge Long eald he would consider this pl& later If the prisoner would enter his plea now as to guilt' It was after a long drawn-out (discussion on this Issue that counsel for the defense declare 4 the defendant "stood mute (Continued On page Four.) ARGUMENT BEGINS FRIDAY HAYWOOD DEFENSE NEARS EXD Few Witnesses May be Called in Sur Hcbuttai, but Counsel Announce That Case May Clone Without Fur .ther "EvidenceCourt Announces That portion of Evldentb Intro duced on Both Sides Has no Ma terlal Effect, on Case -and Should Not bo Submitted to Jury Three Two-Hour , Sessions to be ' Held Daily During Arguments Number of Witnesses Summoned . Will Not bo Calllcd. . j -;...::ivi,--;;;,,--,;., Bolse, Jdaho,, July 17. Thai State of Idaho rests cortent with the evidence it has introduced to prove that. William V. Haywood, secretary and treasurer of the Western Federation of Miners, conspired to kill and therefore murdered Frank Stuenenberg, . a former Governor of the State. William Haywood, through his counsel to-morrow will rest his case with the jury sofar as evidence 'isconcerned. Possibly some witnesses will be called in sur-rebuttal, but Haywood's counsel an nounce that the case may close without fujther evidence. -' Friday morning argu went is expacted, and the last stage Ot the trial will legln. . j After dismissing the Jury Ahls, after nron Judge "Wood stated that in his opinion evidence introduced by the de fense to. prove a conspiracy on the part of the mine owners by showing the de portation of union'mlners from the Crip ple Creek region of Colorado during the strikes of 190 and 190 was not material to the Issue involved and should not be submitted to the Jury, On the other heed, he said, the showing by the State that Steve Adams was concerned in the killing of two men in the Couer d'Alene region of Idaho did not appear to; the court to be germane and should be eliminated. - ; . -t ; CLOSES WITHIN THE NEXT WEEK. 'Annthr announcement bv the-court to day was a eetrlmnatlon to conclude thai ease witnin tne next weea.' juuio nmra said ho would hold three two-hjur ses sions dally during the arguments. J. H. Hawiey will open the arguments. J. H. Hawley will open the argument for the State and E. F,. Richardson for the d- hnni -,f- PlnronoA -- DarfOW will Close n fbffcelf '-'of Haywood and the nnal argu- nient -will come irom .tsenator. coma. Thetast day of the State's ease .opened with the statement y Attorney Richard son thaf he desired the court to-order u. C. Scott. .William Dewey and J. O. Rutan, witnesses who have testifledln rebuttal for the State, to remain within tlie Jurisdiction of the court. This was afterwards explained on the ground that counsel for the dofense was considering the advisability of issuing certain war rants charging SUte's witnesses-" with perjury. Nothing was done during the Say, however, and late to-night Clarence Dm row said it.- was doubtful s whether any such steps would be taken. TWO WITNESSES IN REBUTTAL. The State called only two witnesses In rebuttal to-day-at the last moment, the prosecution decided not to call mine owners or Pinkerton detectives. As a re sult of this decision a number of? wit nesses will not-be heard.-Bulkelejr Wells, formerly Adjutant General or Colorado, and recently elected a railroad commis sioner in that State, left Eoise yester day. -He was. In command o the militia called, out during the labor troublesln im and 1304, and- was the roan-whp dug up the borne fousd. wh .Oirclw4 ,aala Capt, Janws McParland. superintendent of tne western aivision id detective agsney, wasnot called. Cap tain McParland has had charge of the Case since the arrest of Orchard. ? ' "THERE'S MORE IF TH WANT IT.'' The last witness cf the Statewas Wil liam Stuart, a Scotchman, red bearded and retaining the burr of his native lat guage on his tongue. He was a miner n the Cripple Creek region during the abor troubles and told- a terrible story of maltreatment at the hands of miners who had warned him that he would have to take the consequences if he went to wet kT however, and toay with naUve Wit he told the consequences. , - . Ifilchardson dismissed the witness With Stuartdwheeled"out 'of the witness chair and, as h stopped down, he saw want rant itv' ' WELCOME AWAITS TUB PRINCE. ExpoalUon Company Making Ela - te rrepamuons w -" helma, of Sweden, Angus ltb, - Norfolk, Va.. July 17. Elaborate '...Mnm t,avA htm made by the Jamestown Exposition -Coitapanyjor Xixt entertainmeni oi r ruiw . a of Crown Prince hel Gustavo and grandson of King Oscar, of Sweden, wnen rwnw ' in uamntiSn Roads on the Swedish cruiser Fyleia, August 19th.. ; The official reception; with the navy participating, will continue for three aays. ' position, the Prince will go to visit President Kooseveit at uysier, any Uli U Lliwjl w - " - - - -. and Newport. R. I. yThe Swedish ca- dets will go irom nere to warning- ton. , ' ' ' HANGED TO A TELEGRAPH POLE. Oklahoma Mob of 150 Lynches Negro Who II aa Ainraerea uraaemau an Hour Before. Atia. . Julv 1 Frank Ball- law,. nerm. was . lvnched bv. a- mob consisting of ISO men and boys here last night after he nad snot ana mor tally wounded Frank Kelly, a brake man on the Missouri, Kansas & Texas Railroad. Kelly had ejected ther negro from the train in the afternoon. The negro hid in the yaras ana as tne train nnnn th ton of which Kellr was standing passed, the negro shot him. The negro -was caugnt an , nour later. A mob formed and overpowered the heU, dWvi two officers wno ma jtianey in cusio ana. nangea mm to a teiegrapn poie, South Carolina Firemen Meet Next at . Darhngton. . . - - Observer Bureau -, : . - J 1800 Main Street," ,. . Columbia, S. C, July 17. The State Firemen's Association In session at Anderson has. chosen Dan lngton as the next convention city. Of fleers were elected as follows: Presi dent, Louis Behrens, Charleston; vice president, W. C, Smith,-Anderson, and T. O. Flowers, Rock HJU; secretary, R. 8. Hood, sumterj treasurer1, J. O. S. Dibble, Orangeburg; statistician, J, A. Muillken, Columbia: delegate to na tional convention, T. Ov Flowers; al ternate, jo. u. A.enneay. Dead Body of a Boy Found In Nemo 1UVCT.. Special to The Observer. ' Newhern, July 17-The dead body of Alonzo Peterson was found to-day in Neuse river at the coca-cola com panly'a plant The water was less thin 4 feet deep and It Js thought strange that a hoy should have drowned under such circumstances. - Coroner Jones examined the body and decided th it It was plain the boy came to his death by drowning end tlfat an Inquest was unnecessary. The boy was hut seen aiive about noon Tuesaay, KARLI1AU CASE IN COURT jury SEcrr.::: ix io minutes Former Proresor of Roman law In Gooi-ge Washing-ton Fnlverslty Faces Cliare of Murdering Mother. in-Law Defendant Unwilling or Fnable to llii ! dn Many of His Ac tions, and Altogether the Day's Testimony Waa - Considered Very Unfavorable to Accused Man Clause in Wife's Will, That Daugh ter Assume Another Name, Indl f rates Her Conviction of Husband's . Guilt Many W itnesses - Examined, ItKarlsruhet Germany, July 17. A case that has attracted attention in two continents came up for trial here to-day when Karl Hau, formerly pro fessor Of Roman law In. George .Wash ington University, Washington, D, C, was brought before the bar on ' the charge of having murdered his mother-in-law, Frau Molltor, - a wealthy resiJent of Baden-Baden, In that city on November th; last' The selec tloaf of a Jury occupied only 10 mln- Tites, after which the presiding Judge put Hau through a searcntng exam ination that lasted 'several hours i v - Hau was Unable, or unwilling, to explain many of his actions, wlth-ce-gard to which the prosecution has pursued a careful Investigation, such as the wearing of disguises and their secret disposition, and the Bending of telegrams to- himself.-, He declined to explain : his' connection with a tele gram asking his ' wife's- mother to come to Paris, .and refused also to answer various questions regarding his domestic relations, although re peatedly, warned by the Judge that he was Jeopardizing his case. ; , ' : A ' Altogether s the ? testimony to-day was considered ery unfavorable to the. defendant the Judge himself de claring that one provision of the will left by Hau's wife, who recently com mitted suicide, which he read,f and which provided that her little daugh ter should assume another name. In dicated that Mrs. Hau was convinced of "her husband's rullt. - ' v r Olga Molitor, who.was with her mother - when the murder was com mitted, told of the shooting which was done .by a man: who ran away so quickly that she was unable to recog nise him in the "dark. The collar of the man's coat was turned up. but the coat "she recognised as one sim ilar to that worn y Hau. She did not see the man's face. This witness, who . has been 4 mentioned as having had relations with Hau that caused Jealousy on ( the part of Mrs. Hau, gave an emphatlo denial to such re ports.'v'V ;,; A ." ' Various other witnesses testified to having recognized Hau in the false beardthat he. were; at times.:.. f ; J. DD3S FROM HEMORRHAGE. Andrew John, Former President of Seneca Indian Nation Expires In ; Hospital at Washington, ; v l Washington, Jdly 17. Andrew John, former president of the Seneca Indian nation., died cerebral hem - etrhagelo-day "f. they-EfnefgentjrT Hospital here to which institution he was removed yesterday. - The twenty odd, years-which ithe Indian . chief spend In Washington made him a "fa miliar character in this city, particu larly, at the Capitol and the Interior Department where he looked after the interests of his tribesmen. Duri ing his long residence here Andrew John came to know the late Senator Quay, of Pennsylvania, who claimed to have a strain of Indian blood in his veins, and his acquaintance rip ened into a warm friendship. It is prohahle that the body will be burled in Congressional Cemetery here. -. Receivers for Two Companies Appoint ed. . Special to The Observer. . ; Salisbury, July 17. Leo ct-Wallace a member of the firm of Wallace & Sons, was to-day appointed receiver for the New London. Mercantile Company, a dry goods company that has wlthtn the .past few days gone Into bankrup tcy. This company was forced to this step on account of the great credit business done by It. At one time It en joyed most liberal patronage. : R. Thompson was - yesterday named receiver for the Hobson-KoonU Lumber, Company, ot 'Jerusalem, Da vie county, and has take charge of things. This receivership Is not the result of - bttslnesa, adversity but a step to the dissolution of a partner ship. .' ,". Mr. N. B. BrlttonV Injuries Prove ' . Fatal, . k -5 r . Special to The Observer, Salisbury, July 17. Q;l Q. Britton, of Annlston, Ala., this morning took the remains of his brother, N. B. Brit ton, who died last night at the White-head-Stokes Sanatorium following a runaway accident the' day dwf ore, back to the home of the' unfortunate man. He never regained consciousness after the accident The brother arrived too late to see him alive; The dead man was traveling Superintendent for the Inter-State Roofing Company.; G. O. Britton is president of - the same company; They had contracts for roof ing the new plants at Kannapolia, the Junior brother having charge of trie work. He was 85 years old and unmar ried. " , - " JBnggy Rolled Over Her Xeck, ' Special-to The Observer. .,; , Lumberton, July 17. Miss Mattle Mc White, of this county, came near eceiving . - ratal injuries yesterday while driving into town. Meeting her was a pair of runaway mules bitched to a wagon. They ran Into the buggy, threw Miss McWhltei out, : nd the wagon wheel ran over her neck. , The mules halted'Just as the wheel rolled on her neck and It had to be lifted off. She did not lose consciousness, and when taken to the "hospital for examination seemed to have escaped unhurt. . . ' . nloodliound" Capture a Man in Cum berland County. Special to Th-s Observer. V ; Fayettevllle, July 17. A hurry tele- phone call came to-day from Beards Station to Sheriff wataon to come with his bloodhounds Immediately,; and he wenj. at ones. The dogs were put on the trail of a man suspected of break Ing into the house of W.'A, Beard. about which he was seen Joafing, and he was captured arter a short chase, Attacked and Badly Hart hy CC Special to The Observer, ri, - Salisbury. July 17-CalvlnX", Z, -Ja- cobs, a Franklin township farmer, was severely wounded last night , (by a cat that made . savage attack upon htm at his home. The flesh on one of his hands -was torn to the hone hut he does not believe the animal was mad Mr. Jacobs did not succeed in killing the villous feline. , KOREAN CABINET RESOLVED EMPEROR'S ABDICATION URGED Premier Makes Strongly ' Worded Presentation of Gravity of Situa tion Caused by His Majesty's Send ing Delegation to .The Hague Ne cessity for His Abdication in Honor of Crown Prince ahd Apologizing to Emperor of Japan Boldly t'rgcd Cabinet Determined JDcnnltely to Decide by Time of Arrival of Japs, nftse Fcrvign - M lnist-r FmpiroD W ill Not Yield Without a Struggle. 'Seoul, Korea, July "17. Following a Caiblnet meeting,; yosterday which lasted four hours, the Premier had an audience with the Emperor in the evening, continuing for three hours. It has transpired that ; the Premier made a strongly worded representa tion of the gravity of the situation caused by His Majesty's sending a delegation to the peace conference at The Hague. He boldly pointed out the necessity for the Emperor's abdication in favor of the Crown Prince, and of his proceeding to Tokio and apologis ing to the Emperor of Japan, r The Korean ' Emperor made no definite reply." On retiring from- the Palace, the Premier immediately called an other : Cabinet v meeting which , lasted until t o'clock thla morning. The Cab inet is determined definitely to decide on Korea's attitude to-day, or by the time of the arrival of ; Viscount Hay-ashl,- Japanese foreign minister. It Is believed that the ministers will Insist upon the abdication of the Emperor at all risk. . The Ching Hoi Progressive As sociation, which is supporting the present Cabinet, has onictaly applied to Marquis Ito to help save Korea from the grave consequences of the Emperor's action against Japan. ? ; It is reported that the Emperor has withdrawn 400.00Q yen deposited in the Bank of Shanghai. It Is not considered i likely that tht Emperor will yield to the demand fo his abdication without a struggle. Despite the perturbed feeling and excitement of the Court and Cabinet the populace generally is calm. Even the antl-Japanese association has is sued a manifesto urging the necessity of a peaceful, prudent attitude at this critical stage of the situation. The Emperor in the opinion of close ob servers has alienated popular affec tion. MORALLY BOUND TO ABDICATE, Premier's Request Apparently the Be ginning oi trio iJia oi an Ancient Empire and the Inauguration of Closer Control by Japan. Toklo. July 17. Although Korea Is under an absolute monarchy the dem ocratic custom has existed since olden days of demanding "the retirement from, the throne ot a sovereign, whose conduct endangers the national wel fare. When such an occasion arises the usage prevails that all the Cabinet ministers shall appear becore their rul er.. One acting as spokesman humbly states the advisability ot Emperor's retirement In favor of a rightful suc cessor. When this state Is reached the Emperor is morally ibound to aMlcate. "Theed'uwt inaae trjr'tlieTreiiilerof Korea apparently Is the. beginning Of tne ena or tnis ancient empire, ana thel nauguration of a closer control by Japan than that she has exercised since the treaty of Portsmouth, rec ognized the predominant Influence in the hermit kingdom as one of the fruits of her victory over Russia. For a long period Korea was under the control of China, but In 1894, 1896 Japan drove China out of the penin sula and Korea enjoyed a brief period of Independence. In 1904 Japan step ped into Korean affairs with assurance ot safety, independence and territorial Integrity, but since-that year the Jap anese Influence has grown In extent and power until finally to-day Korea faces. In the abdication of the present Emperor, the final extinction of her claims to recognition as an independ ent State for . the installation of a nominal Emperor, selected by the that Korea is to come Wholly and en- statesmen ot Japan, seems to indicate tlrely under the sway o fthe Japanese. GOVERNOR'S SPECIAL MESSAGE. Georgia Ijcgislatti re Urged to Enact Law Fixing Valae of Corporate Property Within the state as Ha ",. ! 'of Ta,TAHnnt --' - : Atlanta, G., July 17. Governor Hoke Smith, in a special message to the Legislature to-day asks an enact ment to fix the value of corporate property within the State as a feaslal for taxation. He calls attention to ihe fact that when the valuation returned by a tax payer is not acceptable to the- comptroller, a plan of arbitration is provided, but the arbitrators under the present law,-- are not sworn end have not the power to administer the oath to witnesses. He calls attention to the fact that the Central of Geor gia and Souhern Railway havo made returns on the valuation of their tan gible property within the State, the former at less than one half : the amount which the company orrtnlats declared on oath In a Judicial hearing was Its value, and the latter at one- third such amount He urged that the taxation should fee on sUch valuation as these or othes corporations arp 1 lowed to maintain In a court of law. The Southern Railway, he declares, is resisting a valuation ot 129,000,000 on Its property, in Georgia, when an offi cer of the road at a recent hearing in the Federal Courts, aworv that the property Is worth not less than 1 4 ft. 160,000. The Southern returned the property for taxation at f 14,181,923, in 1907. NEGRO RAPIST CAUGHT? 5Ian Answering DescrlpUon of Mrs. Scott's Assailant Avrested YcstfTday v at JjouiBourg no win aoi iaitc Special to The Observer, Loulsburg, July 17,v-a negro named Richard Freeman, anas .Disk Harris,, wanted for an assault upon Mrs. Lott Scott of uiacK. Creole town ship, Wilson county,-was ccptured here this afternoon while working at Ford and Houck's brick -yard. Some dme since ht was working . n the farm "of Marsellus Smith, about IS miles east of here, and upon hearing some one reading about a reward offered for Mrs. Scott's assailant, sud denly disappeared not even waiting to collect his wages. He was to-day iden tified as the same man and Messrs. E.8, VnrA and T. O. Pearce efli)(!t,ld hi nr. rest He tallies with (ho description gtCA and the ofll-iors believe lh-y hv the right man. The prisoner will not talk. ,; Two Workmen Fatally Burned. . Pittsburg, July 17. Two workmen were fatally turned and four others injured by an explosion of a 1 10,000 pound Ingot at the Mesta Machine works, west , iiomesteaa. to-day, When the explosion occurred the men were engaged in pouring hot metal Into a large mold end the molten It auid was scattered, in ail directions. NO BEYISION AT PEESENT WOULD BE SUICIDAL TO PARTY Senator Hopkins,' ot Illinois, After Dlscusilng Subjctt KH I'reiiaen and Rppreentatlve Miles, of Wis consin Tariff Association, says After the Presidential Election He Be lieves It Will Be Duty of Ilepub llcans 'to Revise Tariff and That It Will Be Done An - Enthusiastic Word for Speaker Cannon's Can didacy Persian Minister Notifies President of Acesslon of Moham mcd All. V'-..:V;i", "j. t 'i ' Oyster Bay.v July 17. President Roosevelt Benator Hopkins, of Illi nois, and H.. E. Miles, representing the Wisconsin Tariff Revision League, discussed the subject of tariff revis ion at luncheon at Sagamore Hill to day, r Senator Hopkins on leaving Oyster Bay said that; the conclusion was reached that no tariff revision should be undertaken until after the next presidential election. ? v v "It would be suicidal to the Repub lican party,'" the Senator added, , "to undertake i a revision of tne tanrc during the next Congress. ; After the presidential election, I believe It will be the duty of the Republican party to revise the tariff and-that It will be done. . - . Mr. Hopkins remarked that he be lieved such an argument would ap peal to and be accepted by the Repub lican revisionists inail parts, or tne country, ' - Mr Hopkins had a very enthusias tic word to say regarding the presi dential boom of Mr. cannon. He said: , -i. -iv.,,.,'!?!! . "Of course If President Roosevelt was a candidate there would be not the slightest opposition In the con vention to his nomination. But I am thoroughly convinced that Mr. Roose velt will not consider the nomination. that he is entirely sincere In declaring himself not t bo, a candidate under any circumstances ::; .. V'A: "Speaker Cannon will have the en tire Illinois delegation solidly behind him and I thoroughly helieve that If nominated he would make the best race of any man the Republican party could put forward.'! r General Mortesa, fhe Persian min ister to the United States, to-day per formed the duties for which he has been made a special ambassador by personally notifying President Roose velt of the accession to the Persian throne of Mohammed All, Shah. , General Mortesa was taken to Saga more Hill In the government automo bile. - ' 1 THE EDITORS AT MOREHEAp. Two Hundred Delegates . Present " at the First Session of the Convention Mr. W. L. Arcndall Delivers the Address of Welcome Response by Mr. Arclubald Johnson several Other Good Addresses and Papers Thirty-Eight New Members En rolled, .s Special to The Observer. " Atlantic Hotel, Morehead City, Ju ly ,17. The thirty-fifth convention of .th jorth. CAtoJlna Press Association met here this morning in the assem bly'rooms ot the Atlantic Hotel, with approximately two hundred delegates in attendance. The address of wel come was made by Mr, W. I Aren dall, of Raleigh. Mr. Archibald Johnson, of Thomasvllle, responded. The annual address of President T. J. Lasslter was an unusually Interesting one, He outlined the work which had been accomplished fey the asso elation during the past year, dwell ing at length upon the excellent legis lation which had been secured The report of the executive committee showed a gain of 38 new members during the year. Papers were read 'by Messrs. J. 3. Farris, of High Point; Archibald Johnson, of Thomasvllle; R. R. Clark, of fitatesvllle, and M. L-Shipman, of Hendersonvllle. President C. . C. Moore, of the North Carolina Jl vision oi the Southern Cotton Asso elation, delivered a forceful address on the benefits to be derived from co operation between the cotton growers and the newspapers. There was no afternoon session of the convention, all the delegates crossing the sound to the beach and partaking of the surf. At-tha night session, Mr. R.M. Phil lips, editor of The Newhern Bun, and Mr. Joseph us Daniels, editor of The News and Observer, Raleigh, deliv ered able addresses. The session ad' journed after hearing Mt. D. T. Ed wards, of The Kinston Free Press. discuss In a most delightful manner the advantages of semi-weekly news papers. v-' - - The programme to-morrow will be opened with a paper 'by Mr. J. P. Caldwell, editor of The Charlotte Ob server, on the relative Importance of the editorial and news columns. MRS. 1NMAN COLLAPSES. I Reports That She Was Secretly Mar ried Tuesday Night to J. it. Duke Annoy Her Greatly Duke Refuses to Affirm or Deny tne Keporta "Nohouy's Business," ue tsays. Special to The ObservenVtHiyvr " New York, July 17. Annoyed by reports of her marriage to J. B. Duke. the millionaire president of the Am erican Tobacco Company, Mrs. Wil liam Inman. the accomplished Georgia widow, completely broke down in her apartments at Hotel Webster, 40 West : Forty-'nfth street, to-day. Be cause she was unable to see anyone she " authorised J. Carlton Rivers. manager of the Webster, to deny em- Dhatrteally that she wa married to Mr. Duke. On his way to his office, 111 Fifth avenue, Mr. Duke refused to take cognizance ot the reports that he had secretly married Mrs. Inman during the night "Did you marry Mrs. Inman last nlghtT" Mr. Duke was aanea. i "None of anybody a business," was the renlv. "Shall we assume that you were married then 7"' "Sou may assume anything you lilt." . Mrs. Inman and Mr. Cuke have been very friendly for some time and acquaintances have expected that a wedding would take place shortly. It was supposed that Mr. Duke desired secrecy, but not because of any trou ble he might anticipate irom nis for mer wife, Mrs. Lillian N. Dukei on whom the tobacco magnate - Is said to have settled mora than 8500,00 0, Dr. R, B. Beckwitb Has Ills Collar ; Bone Broken. Special to The Observer. Lumberton, July 17. Dr. R. B. BeCkwith is suffering from Injuries received from his horse running away. lie was standing taxing some articles from, the- buggy, when the horse be came frightened and ran, throwing mm-dowR and-breaking his - .collar bone. ' FINLEY .ASS WEBS CMIICo DEFEXDS APPEAL TO COURTS President of tho Southern Railway Seeks to Justify Coarse of Railroads in Seeking Through the Courts Protection From. Legislation Wbit-i They Believe to be Confiscatory in Its Character Delivers AdJrrs Before the Nashville Board of Trade Declares That Wildcat Leg islation is Impairing Credit of Rail roads and Impairing Their Power for Good to Ute Country, v Special to The Observer. - , ' Nashville. Tenn., 3uly 17. Presi dent W., W. Flnley," of he Southern Railway : Company, wno was one ot the principal speakers1 at the Nash ville board of trade outing this af ternoon, delivered an address which was largely in the nature of a reply to those who have crlUcised the rail way i companies for appealing to the courts for protection from legislation, which they believe to be 'confiscatory in its character,; and which would tend v to retard the provision Of additional and Improved railway facilities. After referring to the rapid growta and the present prosperity of Nash ville, Mr. Finley spoke of the, impor tance of adequate . facilities for trans- poriauun, poiaung ou vu to m . - . i l . i . . . V . a. j- r, a self-evident truth that the profltable- lty to sell the commodities produced. and the equally self-evident truth that no community can produce, pro fitably, more than It can send to mar ket and that the limit of the capacity; of itacarrlers, therefore, limits Its ca- nan tv roe nrontanie oroauctiorj. . re ferring to the rapid increase in the demands upon the railways - of the South for transportation within . the past few years, he said the practical question now confronting the mana gers of the railways and, every man ; engaged in any kind of business, was, - J1U W tU UIU lllO tiVCBOU wauoyvni- i tlon facilities be provided that, will be peeded if this rate of Increase in ton nage was to be maintained for evea a few years more. ; He , Il lustrated . the : interests ; : of all the people in the adequacy of transportation, by pointing out its Importance to a single "class the farmers showing that without trans. porta tlon, , the farmer could produce. profitably, only what his family couta consume and what he could sell is a restricted local market r ; Mr. Finley pointed out that agita tion initiated to secure the correction of railway abuses had accomplished that result, and was now being car ried to the point of endangering rail way credit, and Impairing the power of the railway companies to increase and improve their service. H said; 4 ' RAISES SERIOUS PROBLEM. some of the States which reduces the revenues of the carriers tar below the r point of confiscation, the railway man ager Is confronted with a serious prob- 1 lffk ,A..MililHi A ST' ill SAMMiMT t-.uai'.. ijii luinaiii ui.iuii an liib tmuiui su which Is the supreme law, andwhlcl should be recognized as the suprem4 . expression; of the people's wllh says that thls-shall not' be done in the same solemn terms that it declares that no individual shall be deprived ef his property or of his liberty without Just compensation or without due process ot law, If a law were passed by the Legislature, contrary to the conatitu tlon, depriving a man of his liberty, there would be no one, thus deprived, who would not ask the protection of the constitution the supreme law tor his liberty, and all men who are lovers of liberty and justice would applaud his action. Likewise, if a law were passed by the Legislature,' con trary to the constitution, taking from a man his home, or Interfering with his lawful enjoyment of it, there is no one of our fellow-cltlsens, thus de prived, who wotld not ask,, through, the courts, the protection of the con stitution for his lawful rights, and in this case, too, every good man would applaud his action and would uphold his hand. If, however, there is legis lalton enacted,, contrary to the consti tution, taking .from a railway company its- property or Interfering , with Ha lawful enjoyment of it and en effort is made bv those charred with the re sponsibility for the property to obtain for It, In the courts, constitutional' protection, there are those " who de clare that this is a defiance of the pop ular will. It Is called, in some quar ters, an arrogant refusal to accept a popular verdict and Instead of nrmr and determined insistence on consti tutional protection for these interests, the railway manager Is confronted, as I say, in some quarters, with denun ciation,' with obstruction,, wtthl threats of reprisals, and wlrh efforts at In timidation. Some people do not hes itate to say that the publlo will make reprisals upon the property because of this effort to obtain constitutional protection. ' - i . , ! " NOT POPULAR WTXI . "I submit to you. my fellow-citizens, that a legislative enaotmenV 4'hlch Is contrary to the constitution, is n"t the expression of the popular wilJ. Un der our system ot government, r popular win vaonvi, uu ougnt nut iu, express Itself, .except by constitutional methods. . Otherwise, it would be the mere temporary caprice of the people' in c uuuigriifu reauti at sucv:e!siiu agitation that would be our law in the place 'ot! bur "constitution." Tho great voice vi tne Amviiwi peopm in. slats that the constitution shall be preserved, tnd what the constitution declares to be a right, either f per son or property, is the real pressloa of the popular wilt5 No man should be subject to -censure for accepting the constitution as a declaration of the potential voice of the people and aj the expression of their real will and purpose, and no man and no Interest should be denounced for asking at the hands of the courts ot the country the protection to which ., the constitution enUUes them. Those who applaud an Individual for insisting on his consti tutional rights and denounce a railway company fordoing the same, must seek to justify themselves upon the princi ple that thOBO of our fellow-citizms a'ho Invest their means -in proviJir.r transportation for the country must, for some ? reason, be deprived " ft measure of protection for their In , tnent which other . .people have. : this be accepted. ty the country i a sound principle, who would be vt " to Invest his means la a bu which ,ls outside of the protect! i i : thtf constitution and the valid U the country T Let; me nsk you so ly to consider where the means to -vide the commerce of the country v (Conutiuei ou I jsa
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 18, 1907, edition 1
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