Newspapers / The Charlotte Observer (Charlotte, … / Aug. 30, 1907, edition 1 / Page 1
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SUBSCRIPTION PKICE : C 3.00 PER YEAH. CHARLOTTE, N. C, FRIDAY MORNING, AUGUST .CO, 1907. PRICE FIVE CEN ! . myi via r.rii: i'ikk JUSTICE SURLWD QUESTIOXLll Comptroller Says lie Can Determine With Mathematical Accuracy Cost or Doing lntra-Ktate Business, Jiut ,'ot Intr-Stale-QuetoU of De crease In Road's Net Earnings Gone luto Freely People and Railroads Must - Work Together It Success Doth Desire is to He Attained Per cUteney of Mr. Justice For Direct Answer to Question Put' to Mr. Plant Just Before 'oon Recess Causes Sliaro Tilt. '-:-Washington, Aufc 29. Comptroller Plant. oUhe Southern Railway, was again subjected to several hours', close and. vigorous cross-examination in the North Carolina railroad rate case before Master in Chancery Montgom-y ry. Speaker ,; Justice of h State, conducted the cross-examination and Jiad not finished the Inquisition when the hour of adjournment arrived. , Mr. Justice - failed in his effort to draw from Comptroller Plant a state ment that he could- determine with mathematical accuracy the cost of doing an Inter-Stat business lnTNorth " Carolina on the : Southern Railway. Mr. Plant, did say,- however, that be ; could determine the minimum cost or doing an intra-State business. ' I 5 l . TWO SERIOUS .'CHARGES., -if iX- The" question of the decrease' In the net earnings of the Southern Railway was ' gone into very fully Miv; Jo; tlce asked Mr. Plant If he thought the decrease in ') the earnings of ? his :; .s.n..an um An to conditions, pecu liar to the present time or to condi tions Jv-hlch have come pria ' jient . Mr. Plant replied that; the ' Southern Railway v was ' confronted with two things, which, if continued, iwlll not result lnery much improve , ment in the situation; - Those condl-. tlonsare, he said, the constant ae . mandator Increases in, wages of em ployes, together ; with j: en,; upward - tt.Hnv in the nrice of materials and a desire on the part of. the people certain States to reduce rates and lm - pose whaffh believed to be Improper restrictions and penalties on railroads. Unless the people and the railroads - work together, there . would not be, tie said, that measure of success tooth - -desired. The net results to.the South ern nvBtem in the future. he ; added, v' would depend: very largely -apon the attitude of its patrons 1ward It "It we- have ; favorable conditions , along these Uttes," said Mr. JPlant, "I believe the . business prosperity- m m coiintr traversed by the Southern Railway jwlll give ; us sufficient in arnanA In our cross earnings tO OVCr come the increases we 'are now called " oo to make in wages ;ana materials.; - MARGIN OF PROFIT AS A WHOLE ' Mr.? Justlce asked , whether "taking 1 - Into account only passenger trains in North Carolina. - that - is, v through trains from' one point in the State to nthr onft lorai traimi In the State," the Southern 'operated those trains at - to toss Mr. - Plant -- replied: f "My Judgment is that. Including those lo cal trains; running on the Tnatn lines - wltn the local trains running on the branch or local lines, as distinguished from the through- inter-State passen r train, there la a loss In the local business, but taken as a whole, in - eluding the through passenger trains - and the local passenger trams, i,u , lleve there, is a margin of profit in the ; business as 'whole - - -v -'- t 'A sham tilt occurred between Mr. , Justice and Mr. Plant. Just before the , tinnn ruRfjuL- Mr. Justice asked Mr. . Plant if toe could sayNhow much more -' It would cost to carry a rreignt tram with passengers than without passen- rera on the High Point ar 1 Ashboro line. Mr. Plant proceeded to answer ' thtt nueatlon in his own way but Mr. Justice insisted upon ' a direct reply. Judge Montgomery informed the wit ness that he must answer "yes" or "no." Then Mr. Plant replied that the cost could not.be determined ac- ; curately. '? . KEV.8 JXO. II. GRAY 'OFF. ti. n.nu ftovr Work at Bed ford City Somethlm? of Lanford Davidson's. Old Twiner. 1 " Areola! to The' Observer. -. - Davidson, Aug. 29. -Rev. John H. . Grey ...J r.ir.iw ifi tn.nlcrhr. nn enlne direct- ; v to his new field of work In Bedfora ntr. Mr. FarKs urey, oi j - Tpnti.. la here on tt visit to his brothers There was something f a family re ' union to-day of the Orey family, the sev. eiftl brothers'dining at tne noma i ir. Th TAfprpnri In The Cnremcle the tther day to Lanford, Davidson's former Ji!tchy as ; appeftrlnsr In Chicago may udtiry a word ot explanation, Lanford wn rvM Iw rvranfi'AhiirB- to W'ftsh- InKton. It seams, and the WaUngtonlati4 Touna infrmsraves la : f tjmcago pjucu 0 nrainat. tha - world's chnmplons. . the Avhlte So. . It was In this game that 'Went so disastrously against the MMiem m thnt I.Hnforil was In the sixth in- . tiina out In the box jina after a brief timA Mtt1frl down to such steady work -as to win the notice and praise that he , dli. t- . . V The watermelons this season have,, been fnirlv VBKiinrt.int .- nt DsvdrKOn. And In ( nunllty and flavor they have never beeri surpassed.1 fossimy tne atwence ot om er kinds of fruit has put their excellence . at a premium, but even ISrthts be grant ed the melons at-e simply delicious and cheap enough -for- all to buy.- The drought, . however, .will soon , cook the Mnes and end the supply. : v DEAD IN BERTH OF A PULLMAN ' Loroniotlre Salesman Snccnnibs to - Heart Affection . , AVIiile Passenger - x ' mi . Norfolk A Wentern Train . . . Leave a Family, In Washington, lrvs Norfolk, VV.;: 'Aug. - 29.-sJames hum r ... rnce- mmli m, ag nu jbib, ui rtuin- Jngton, D. C, a . locomotive salesman, presenting aNew York house, was, found dead in the berth of a Pullman car upon the arrival of the Norfolk & ' -stern train from tlie West at'Pcters burg, Va to-Oay. The body was brought n to Norfolk and Is still here. Mr. Miqetree, who had been subject to ' Jieart trouble, boarded -the train at Roa noke, Vssv . last . hight, apparently in - gnod health, i The deceased was a son Of the lata Cot. v Joseph P, Mlnetree, formerly purchasing agent Of. the Southern Railway at Wash v ingtpn. He leaves a family in Washing- h s ii n , ' 'i .f-.:-.; Fugitive From Justice Captured. - Special torhe 01server. - , 'f -Reldsville, Aug. 29. Ernest Mills, a young white man who escaped Jail, in Danville at the time of the delivery Jast February, when eight prisoners gained their liberty as a result of the door having been accidentally unlock ' ed was raptured yesterday at Spray fcy Sheriff Eanes. ' He was carried - ack to Danville by Deputy; Sheriff - eimith. At the time -of his, escape, Mills iwas "confined .awaiting trial on the charge of housebreaking, f He bad already f been ., indicted by the g'and Jury, It being alleged that he - broke into a house where he former- Iv boarded and stole a suit of clothes. lie had been in Spray only a few days .-. when the o.Tlcera there learned, that I-a was a fugitive from Danville. MM ' consented So return without if (joialtlon. 1 lee.'kirk, colokkd, caught. lie is Wanted at Greensboro For Mur der 15is Blind Tlser Kaid lale tn the, Gato Oty Yes(en!ay Mornings Special to The Observer. " Grfensboro. Auc. 23. Chief of Police Keeley, 'received a ''message this after noon conveying- the information that Lee Kirk, wanted here for the murder-o Black Jo'" Moreht-ad. both -negroes, ad been arrested In Columbus,1 Ohio. Miv" Neeley at once communicated with oiicltor A. I Biooks and it the local police are convinced that It Is Kirk who has been 'captured in Columbus, arrange ment will ie made to bring him to Greensboro. The fight in which .More head was killed by Kirk occurred In C!egg"8 colored pool room here one night lest spring, "Black Joe" was snot in the melee and died a few days after ward In the hospital from his Injuries. Kirk disappeared after the shooting and before the -officer arrived. - - - -.- ? ' There was a bir Jjllnd tiger raid here this morning. For some time the police have suspected i that bllnc tigers have been doing a thriving business in i a buldlng on South Davie street, ' near Washington,- but they have- been unable to Hnd any one who wasevillUig to swear that he hod purchased whiskey from the J owners 01 m oima liger esutuiuiiiinBUb i However. th alort noilce have keet -a cloaa watch and a few days ago Chief ' rweeiey saw a negro delivering a .load ot stove wood at the. place. This morning an offieor eaw the same wagon coming inte the alley with a load of hay,'-or rather the wugon body was Ailed to the top with hay. Chief Neeley then had a conference with Avenue-. Ageat ; Surbeft ; the result being that a party- for a .Visit to tn piaco was rormed. .this party consisted ot Mr surber. Deputy Marshal Miuiaan.x jnevenne uniccr a. r.A race and - Messrs... Neeley s and Mccuiston They found i ithe -.Inegro - unloading , his wagon ami a search revealed, the fact that two Jugs containing more than" nve i The possession of this much' whiskey be ing considered trim facie proof of re tailing the whiskey, the horse and wagon1 were soiieu - ana tne matter- win be brought to the attention of . the Federal giana jury next ween. BRAND OF. CHARITIES. rHnKAU til.. 1T.- 1 f..Al. A cam involving 3ii,uuu setuea Dy Compromise -J. C. Penny Hurt Wlill Boarding a Pullman' Car. i Sjoclar to The Observer. - . , . ' . Greensboro, - Aug. 2. Greensboro Is to have a branch of the Associated Chari ties Association, it Is believed;' at least it will be so if- the present discussion results m "what sucn discussions usually result in in this city. To discuss a good cause her means -that the people will aet upon the suggestions. It is Intended that tnis association would ,neip all , wortny people and oeggars would not be allowed upon the streetssomething that appeal strongly to the -people of the town. . a compromise has Deen effected in tne case of the -8 mmons Hardware - Com- tny et al against R. H. Hardin et al, of v iiKeDor This case has - oeen pena ing In ' United ' States courts- for some timer Judgment was given in favor f the plaintiffs at the trial but an. appeal to the -Circuit Court of Appeals was made and nendine the . hearing of the nppeal for ,a new - trial there has been little said about the case. - About W0.000 are involved. By the terms of the agree- men- the defendants -' turned '" over . the amount "of their bonds, t7,500rand agreed to withdraw their anneal. . air J. cr. ennv. or tn nrra nr Proa & Co., .was painfully injured -while ooaramg a miiman car nere last mgnt. He had started to New York on a busi ness trip and was standing on the plat form of a Pullman car arranging for his berth when the engine nulled off with the dining can starting so quickly that Mr. Penny lost his equilibrum and was tnrown rrom tne train. Jie was con-sideraWy-'brulsed though no bones were broken. -' He was carried to ths hnsnltii. where he still remains, but expects to be vui-in a. tew days. THIRTY INJURED IX COLLISION. Sontliern Passenger No. 41 Runs to jngine on Westbound Main Dine t Ailievllle--None of Injurted Fatally Hurt.' - - . . . Ashevllle. Alisr. 29. Passenger train No. 41 on the Southern Railway col- lded with an engine on the west- 'jound main line in this city at 11 o'clock ' thl morning, damaging both engines and the- cdmbJ nation car. Thirty persons were Injured, , none fatally.. ' 1 The more severely Injured, ere: w. x. atruDDie uTcaencictown, u.j E.: H. Jennings, Pittsburg.. Pa.: Mrs. E. C. Browhton: Amerlcus, Gaj Miss Ellas Field, (colored),,,, Ashevllle, N. C. Mr. J. B. Smith. Atlanta, Ga; Carrls Mclver. Charlotte, J.-C; R. L. CruikShatik,' , Qreen-ville; v: J. B. Hardf, Americus, Ga; Evelin Dicks, Dumbarton,; S. C.t ' J. ; R. Davis, . Sails. bury, NV, C.i W. M. Shears. , Atlanta ; Miss Alice Hotdenburg, New Orleans: J. 3. Enslave, Sylvia, -N. .C. r,;' John Sample, Ninety six, S. CT Mrs, - Ells - beth onamDiiss, Tuskeegee,. Aia.; miss W. L. Rlchardsoni Conway; i c. Hazel B. Eckert, Ashevllle, N, ; ' SIORG AGAINST LOCAL OPTION' . i n -. ' Brclners Propose to Adopt. Plan to irevent its sproaa.-- - s , Cincinnati, O., Aug.. 29. United action by leading brewers 'of the United States erainat the spread of local option was begun at a secret meeting here yester day, news of which developed to-day. It I is proposed .to adopt a definite plan to stop the spread of local option, especial ly In the South. This was the nrime ob ject of the meeting. There was no for mal call Issued and no publicity of the fct that tnere was to no a meeting. Milwaukee.. St. Louis and ; Cincinnati were present. i , , . - .- .r ' MILITIA TO PRGTECT NEGRO Charged With KM ine Marshall Car- . MAn Af rsi... rA. . -, -1.- ' m Broward has 'ordered the f local.' militia company to- nom itsen in rwaiineM - to protect George Slmms, a Geo .la. negro who, puriued by ten armed men In au t(. mobiles, 'surrendered . himstif to the ftherlff and Is- now in Jrdl here; Simms is chnrged with killing Marshal Cargell,-of Cairo. Ga., Tuesday night. -when arposee surrounied his house, seeking to capture r1-imi.1uY XAf11llsmB. - a nww tui tutu- .' Bondholders Form ft Committee New York, Aug. .29. Announce m i a . mum -l .tMHifa rtlA Vi a 4 , A uniM wt norrn"-'.iri'fftTiiU had been formed - by income bond- holders of . the Central Railroad : of Earnest Groesbrok. - Frederick -w.feauss.it has ;th effect of .abridging Scott, of Rlchmona, Vs., and J. F. Minis, of Savannah. Ga.. .. The com mlttce wilt-meet in this xity shortly and outline a pran. , I ,i Schooner Kectrlo nasli Sinks; Glace Bay, N. 8 Aug, 29. The schoon er Electric Flash wits sunk to-day and three , men who were working o her deck narrowl; escaped denth when . five Wg cars, twtt of.thenv IfMded with coal. pltcfied down from the end ef the shin ning pier, v fet above, and landed n the deck of the schooner. The vessel filled with water und sank wiUiln a few minutes.. Faid "Frisco Train Wrecked. Dklahljma Oty, Okta., Aug. Tlie fast Frstco train known an the "Meteor." which left. St Louis at 2:3) yesterday af- Torn-ion. sn-i was nuw m srnv nfre nt rnn. 'ran into- mn '-onn - switch nnr .-" y Tulia. I. T.. at n early hmir this morn- "fO. Kaniivs (. Ity, Mem-phls. and lug snd wa wrecked. A mail clrk and Na-nhvllio psrencios. IS. T. Steele euc two ptsseniitTS were seriously injured, ' (cceds Mr. CatJLrcll at Birmingham. k'EWS OF PALMETTO STATE ELECTION' FOR NEW COUNT X It is Proposed to, Form Uisliiand County out or parts or ureenvme and Spartanburg Striluns; Oicra- tors Have Hccn Tampering witn MesttTii Union Wires Catawba Valley Railroad Ready to Handle Freight Traflic Col. George Jolm stone Appointed a Special Jutljfe Circuit Court Declares an Act Pass ed iu 1005 to Do Unconstitutional. , . Observer Bureau, , 1422, Main Street. ;' : ' t ' CoIumbia. S. C. Aug. 29 Governor Ansel will likely order an election in a day or so to decide the fate of the proposed new county; of Highland, - to be formed from parts of Greenville and Spartanburg coun ties,, with Greets as-the county seat. The commission appointed several months ago,, to-day reported to the Governor that all the constitutional reaulremeMs " would foel met If he territory proposed to be cut Off voted jn favor Ot, the HOW COUnty. The-i commission report, that- the new county, will, according to am- davits from- the two old county audi tors, have taxable value of $1. 600.000, leaving Greenville with g8.000.000 and Spartanburg v with $4,000,000; it. -will have 405 square miles of - territory (which, la lust six males within .tne constitutional requirement) 247 square miles from Greenville and: 168 from Spartanburg. leaving ,' Spartanburg with 611 and Greenville with 64: the new county will have a population of 18,848. s.uuir or wnicn' comes worn SDartanburar and-10.648 from Green ville; leaving 84,000 lh Gr'eenville and 47,000. in Spartanburg. ; The surveyor were Representative W. H. Yelldell, of Greenwood, and w, H, .Newell, of Anderson, and Ihe com mission "was composed of H. M.- Bar ton. S. M. Pilgram. M. C! Davenport and John D. Wood The effort to dismember Greenville 'rr 7 v . course, be resisted with vigor by tnose ll.lm a . ai A a t v. a t Awii rvrv .rvtntnnAr1 to be cut. " off. These are "not onlyfl two of the foremost counties of the State in the matter of manufacturing but their . large white (populations make1 them of the greatest importance in State politics. . . TELEGRAPH" SITUATION In a Uelegram received by the rail road commission' to-day in answer, to It -summons -to him - to show cause here on Seotemtoer 3d why the West ern Union should not be . proceeded against for violating the commission' rule with regard to closing muepena ent telegra-ph offices without permls slon of the board, Superintendent Maxwell, of that company, say that striking operators have been tamper ing with the wires, but the matter of commercial business Ijelng refused transmission at combination offices i now un between the railroad authori ties. and their employe , and that all offlcea mow closed on -account of the strike wilt likely bet opened be fore theen-r ihe week., . Mr, Max well says tn his telegram: i , I nave to advise that on account 6t a number, of railroad operator -who handle our business at Joint ofncea m South Carolina (hl applies to all otheur States) having refused to handle commercial business, - and have also tampered and Interfered with . our wires, it has become, necessary to cut the commercial wire out at several places Un South Carolina m order 40 enable "his to handle the business at other' points on the same wire that were readv and falling to handle it. In-(the 'railroads are now handling these matters (with their employes and I 'be Heve before the week is out all -wires will be cut back and business will be going on es usual." ' -. There . has been .. a great Improve ment in the situation throughout the State in the past week. Business is being handled out of both the Postal and .Western Union . offices here "not only to all point in the State of im portance, bufto other States a well though, of course, there fs ' great room for further Improvement'' ' READY, FOR: FREIGHT. : The officials of a new railroad re ported to' the commission to-day' that it was ready ior freight traffic. f! The new . entry i the ' Catawbr - Valiey Railroad, running from-Lawn, 8. v. to - Spshee, " 8, C, a distance" of- 23 miles . across the Chester 'and - Lan caster" road.. i::,.i', 'to, 't-i, Governor Ansel to-rtay ; appointed Cnl. fienf a Johnstone. the . noted 1 criminal lawyer of llewberfy, special iudg to reside ' curintr ; Sentember. October l and November i a 'special has been granted a furlough on ac- omint of the condition of his health col.V Johnstons' friends 1 say he is l-narhaln tn hAlin-th pnmtnr rUra fnr United States - Senator against Maior -J- C.r Hemphill. Sena tor ; ' Lat'.mer, ; Col. . Dan Hen derson, ex-Governor . Heyward Congrordman "Lever and possibly other., ' ' " ; ACT UNCONSTITUTIONAL. jv a decision rendered -in the Circuit Court at Charleston yesterday Judge Purdy declares -unconstitutional t'ie act of 1905, wnicn lorbid ran roads operaitlng relief departments from bairrlng injured employes re covering in suit for damages where they have accepted tenefits from the relief department ana ? vice versa. The members of the hospital relief association of the Coast Line road fn Joining sign an agreement that if they sue in the courts for injuries (tne.y tor- felt their Tight to benefits under the relief association schemeitand that if they accept' the benefits of the (relief association they are barred from re covering damages In the courts. . The plaintiff in tne case Derore Judge pur d was J. ., sturgeasi. a carpenter em moved bv the Coast Line, who aftSf recovering -a verdict for $5700 for Injuries received why at work In 1904. brought action to recover (421 50 he alleges is due him rom the re- lief association; to which he comtribut- td regularly; , Judgj? Purdy holds that the act is In repugnance f a both the a contract. When the bill of the act in I que tlon was before tne Legislature bitter fight was waged over it, Tlte weapon which turned the victory against the -railroad lobbyists was an order from the president or the rail road to superintendents directing thetn to let employes know that mem bership in the association was com pulsory. " ' ' . i ' t , 'i ii General Western Freight Agent. Norfolk. VS., Aug. ' 29. Effective September 1, J, G. Cantrell, assistant general freight agent for the Seaboard Air Line Railway , at Birmingham, Ala,, is appointed general Western freight ; agent' of ' that system wfith offices at - St. Louis end .,,, ,,. ir,in-. rii C0URTAUVANCSTIlEOASE;C0xNYIGlIU.NlOUKS0ESTALN id HEAR APPI1VL SEITi 1 7TU. Colonel Rodman Contends the Trans cript As Sent Up Was Not Com plete in the Southern Rate Case at Raleigh Aycock Speaks For the State, Saying He Sought No Unfair Advantage Questions Asked Him Ry Judges Rodman Shows Much . . FeeHnjf JudsovClark Flxea Hear ing of the Cuse After Third District Appeal Both Slue contend ior Victory. , ; Observer, Bureau, ' ' " . Tha oHlloman Building, , ' ' , .Raleigh, Aug. 29. In .the Supreme Court this morn ing there was quite an 'audience, near ly all ; lawyers, to ihear argument on the anotkm Ja the Southern Railway 130.000-penal-t case, one motion oe- ing for a writ of certiorari, unaae j es-i , terday by Attorney W'B. Rodman, of the' Southern," for the purpose of get- I ting the -speeches pf 'the Southern Railway attorn-eys. In the record of the! case: the other mouon oeing cy ex- .1. a nnwiuJ man JohnH. Small, of the first dis- trtet,' State Auditor Dixcm and Reve- nue Collector Duncan, as welt a moat of the lawyers from the first dtotMct. r : a arAri amaavits an ue caso auu mi.i m . .. . ,. a . ii i -- Rodman addressed Uhe court, con - . , tending that the transcript as sent up was not lOoaniDiete ana tw ii am nui contain everything ea taken down by xne -uiiujitti .iivsni,ii7r m mo ""v- rior Court, v He stated that the case a It" -was sent "up o the Supreme Court . did not - show a number , of thlngs which were said and done and hence was not a Cuu statement oi we affair . He. contended that the record should be full and should contain ev-i erythln which was said in the hear- Ins- Jiefore Judtre Lion. With Mr. 1 Tiodman iwaji James H. Pou. also of to confirm points anade by hlS'ftssoci' ate and occasionally -whispered to thai latter. With ex-Governor Ayoock was As sistant-Attorney General Clement. Aycock. said thait the State was very anxious to have -thla, , whole matter settled promptly, correctly and with- out any foeat and that it sought no un-1 fair advantage of any kind: was per- fectly willing that excepMons should be made and reasons assigned by the other side, but -what the State com- niaiinaii nt nrna h ,rrv ntiwn,t Att. sire on the Southern not to try tna oase: that this bad Tanpeored 'in the court -below and now appeared again: w it w. n,tr .4h.t -,s tndo-i. low had not set out fully, the case of I thedefendentia. He 'thought the mo. tlon for writ of certlorgrC really a re- counsel for the Southern, but ne naa iuu.y oi i wow iBecond vice president.-Ada A. Acnorii, nothing to say fceyond few words. stone's throw of the courthouse and Boaton , eCretary. Df. H. L.' Chiles, though he freouenjtlr nodded (his head next may live almost a day s ride Aubu' N. Y.: treasurer. Dr. M.- T, A'glJta' I together uffictent money with which S."?".0", .l iJto employ counsel-and Mr. Horner had "been fully set out) . In the lower court wnaaoeen sxaiteo oy '.wwnsei Th-am for the Southern that It would take month to secure evaaence, ?f get rector-generalof ' the case for the up 'witnesses, ' etc, and try the caso.lgtate. Mr. Winston did most of the Aycock declared that, w . Soutnern I rolled the fourteenth amendmnet o the constitution of the United States! iindm its tonania am a sweet moraeL I Tie declared that every sort of indul- gence and courtesy had .been . shown the sothern, as tne recora rally snow- d i.nA that the later included all the papers 4n the United States Circuit Court imatter. Judge tried to say that Mi vv, nui ij nn . JU-lAri 1 . MthiM. 11,. .nPM but Judke lonw thoufht and tald to e t. r ,k.i,, .. ...j but Judge. Long thought and said otherwise. t A number of the Justices, asked Governor Aycock Questions while ne was speaklnr" and deep Interest-was shown 1n the remarks. He saij there was no intention on the part of the State -to discuss this case on techni calities and that the papers showed that a tlea to the Jurisdiction ; had been ? entered ana over-ruieo as 11 a demurrer had been filed., He said that Judge-Long stood ready to give nave oeen ngni nere now engasea Judra ln this affidavit for-ceroor- arl ought never to nave Deen iuea. fZrSv.n7: n'Zn iiTta-T' r,Tt; nnlnt about this matterand also upon the numbering of . the exceptions. - To the latter .Governor Aycock said he readily esscnteit. clerk to make the entry and also to enter v Justice ciara aireciea tne nntmVia - Ah a ' -roontion-t . iRndmfln said that he had been trying to. in duce "the State to renumber ins ex ceptlons, etc., that 1t had not been agreed to until now. Governor Air- cock said that the State had been pressing, the Southern to -look over I the ease and to do all these-things! In order that there might be no de- lav. ' Rodman stated in reply that there hd been no opportunity to do this until notice was given at S;S0 o'clock- Monday that tne papers irom the case had come from Judge. Long: that at 9 o'clock next morning net and Mr.' Pou went to the clerk of- nee in ne Hunenor uoun to see tn papers but that in half an nour they were taken -away- by Peputy Clerk Royster Ao he filed in the Supreme Coun f per oruer t. Juage-xng. Governor Aycock ccmciuaingvUis. re - marks asked th court to act the-case l"J .fieav."r. " m.K ,,J-i'T.:nV.- timating that the haste of the case had been undue, etc. - . . JtV otrtKT i7 1 " , The'court fixed the date for the hearing September- 11th, - this - being at th beginning of the fourth district. Attorney ROdman e rou expressea rrnat dellirht at what hnd occured to Aav B.n.i insisted that they had won a great victory, b)th a to getting th record or transcript in. the Case changed as Rodman had desired and also in the date set for the hear ing, which Rodman said wa the one that he had suggested yesterday, ; , HOPING TO WIN. ' On tha' other hand Governor Ay- cock Is entirely sanguine of wlnnlngj out in the contest., The State has) gone into the case with a great deal of preparation and seal, and tt is very evident there Is going to be aaIghtl to a finish. The argument on the 17th of September will unquestion ably be a drawing cnr.f. By that time the mass of matter .contained In r-t- tmncnpt will be in type and i i public cnn. read it. It .will really make a' book. Jjy 'i u " ' It. ? I .m a smau npuse in a 'locality innaDii ara, m me umi oi- wimrv, ; ntM, courage ana convictions. e noc this case and atathern 5f4..ed ' entirely' V negroes.; "The matter ed .ar decision to-day In he -cse of 0nly 0Ulht to be Govenor. but I 1e- gonahead with J1 and hwed . dis- rftported to the coroner, but when fh.r taj J. Sndiri the Move h. will get the nomination end position to, ry. Judge Longwould that omolal ftrrlvcd feveral mld k1" &mK."& Jfi".! will win th election.- - STRONG CHAIN OF EVIDENCE The Cnse of Major Guthrie, the Dur- ha(t) Negro lliarsetl Willi ne Murtler,' Taketi Vp Yesterday, Al most Reaching the Jury AH Evi dence Circumstantial But-a Verdict of Guilty to Expected Horrter Winston's Slaiden ' speech to the Jury Makes a Flius Impression Jury Finds Another True Bill For a Capital Offense Great Throngs at Courthouse. , . Special to The Observer. Durham. Aua 89. All this, week thete has been a great crowd ot peo - " " I ple in and about the courthouse, but not such a crowd as w as gathered this morning, when the trial of Major i Guthrie, charged with murdering his wife, was called and the negro was made to face twelve men -who were cnosen tor tne jury wora. miut nt thnu nrhn SLtherevl. was a . . . lV ...v. M,,. i necessity, because with 8S0 cases, on docket, . tWs meaning about 200 de- a i m v AM Vh. 4tA t- m ,.w alv T ed i0 on naild to.ap-pear 'before the grana jury ana tne cpun. wgsuitr ..rinitv Tv. at nnrinsitv thn t hi Aiava 1 '- R v . - i attract whenvthera is. sufferlngor horrible crime the- same .kind ihaL will toromp peofld mind; ; Bee a hum&n beinir killetf - ' fiUDrvLii iff k won in icBuiucsa - n mrii i - ,.. , fva, - n0.i 'r ""'VT. vT"v.r nerln;- xiarwara nam . nurneu ueyu ,. o ha count t0 th , ,u iai .i,. an thv dd their work well. In thla county ince the acquittal of Reuben Bar- bee - numher of years ago when there WIU, An indignation meeting held there la a soecial law In regard to get- ting veniremen;-It is the law that these men must be drawn irom tne Jury box and not. -picked up in the court room or ion the- streets. Thla makes the summoning of the venire men an ne more uimcuu. i viuw that draws the names from the liox from town, and so on. Yet the sher iff had practically ail of the men on hand, there being a few exceptions in ; which .people had either moved away or there was something wrong in tne name or Initials. ; ' The sDecial venire consTsted of 60 m-.,. TO tn(( pounaei fi. the state ana the defendants 4 men from whom to get the Jury, there being two regular ; juries of s twelve men tnch that were first exhausted before the special panel was called; The case for the negro was con- ducted hv. Reniamln : LovsSiateln. the Heorew lawyer, wno was envpioyeu oyi relatives of the negro man soon after J he was arrestea ror tne crime, j At tne last moment, lust two days ago, the J relatives of the dead woman decided '17 ' X'Tl. ' ,1VV Tuda-a R'w:? Winston, was secured Tnls waa m flrst caso WhUo Roitcitor Brooks -was the dl WOrk Vn the trial. - - - - The State completed its -ease this afternoon jgjd rested, v The defense did not nut on anv evidence and the Argument of counsel began. The first argument svas by Horner Winston for in owe, mm nrst euum unore a jury, and he-' made a fine appearance and excellent argument, He.was followed by Solicitor Brook in a powerful argument and one that completed the vIlHUIl HUUUI, VI 113 UOHIV 1 i V'i I . nit-U 'iiZZ rf.TniTThn ,Vn m I torney for the prIsoner( then abegan his , t , -nir. ; nnt 0nniu0t when court adjourned until to-mor row morning. , The Jury will get the case before the noon recess. .The evi dence against the negro was All cir cumstantial but was :V- convincing.- There Is not much doubt but that a conviction wHL be the result , HISTORY OF THIS CASE. It was on the morning, of May - th of this year that- the tody of Lizzie outhTle, a colored woman was found ...u A a. I .laMa .mintin . hn.v.. vealed linger mark, on her throat and JuTy was empaneled. -. In the Investigation that followed it waa developed (hat the woman was the -wife of Major Guthirle.'ibut that they had been parted for some time, that Guthrie' had been living with enother woman, but his paramour had tent Ions paid his first wife by another negro, that he had said he would Inll one of them If theso attentions did not cease and she did not mak up with himl - It was then assertaLned by examination witnesses that Guthrie went to the home of his wife on two occasions Sunday; the day before the i dead body wwp round, ana that on leaving the house the last time he said;, "God damn her soul, t will kill her before day.'' j, He was arrested and told one police officer that he -was not up street later than S o'clock Sunday afternoon, while, another of ficr atefmea n and reminded , Aim that he had seen hint and talRed with him' at 11 o'clock Sunday night,' end that he was wllhln a few fclocks of nl9 wjffl-9 hom, end going Jn that dl rectlon. The negro then trlsd to ex. pittln tnat hUt am statement was" a i"tsje. A negro woman who lived ,'Ti " '' "tiu I which was lald out and covwed with U Sheet, was the photograph of . the i man soon arrestea. ana on tne noor land about the bed wae the broken fragment ot glass that earn from I over the picture. Since that day Quthrie has been in Jail. s , ANOTHER CAPITAL CASE It seems a "hard matter to get the jail entirely cleared ot those who are charged wun capital ' crime. The grand Jury has returned a true bill against Louis Williams, who is charg ed with criminally assaulting his wife's sister, a llttol girl 10 years of age. Into The solicitor - looked hurriedly the case and sent a bill for at- tempt at criminal assault.' The grand Jurors examined the-, witnewes and sent the bill back, asking for a bill for assault. This was returned a true bill, "ahj another negro Is to be tried for his life, but not at thla term of COUrt. '' -',-";! '-'. ?-"4'"! .': - Tha evil doing element In Durhnni la, certilnly. being mjde to f-c th- iiavv hand of the Uw. Klnce Mn diiy and up to this morning Judge Council had Jmpgsed sentonces that aggregated 152 months and the fines reached S365. This Joes not in- h.lfl .v. unn.Mnn. aniAiint nai.l nut I in rm. and the manv forfe tares or bonjg of those who have skipped out rather than "face tne music." Still there are nine cases already convicted that have not been sentenced and many , more on the docket to be dis posed of this week. FROM PRISON TO PRISON. H. T. Alien, a white man and print er who has done considerable news paper work in the past, was taken from the woric nouse in mis county by revenue officers, who nabbed 'Jim " "l "th'; rAr . !,fiVar "'aJu- , st fraudulent purposes. Alien nan just completed a 80-day sentence for be OA Ing a regular nuisance ' ny getting drunk and staying drunk. The mayor sent him out. '. There was a charge, in the commis- loner's office here for this man. the hill having been found ; by the last Feteral grand Jury. He was at once - rrested by officers and taken to Ra- icig.i. ... vi In vmKlA via In d. l-ti-!mrmnr Tin V Dalfas Tex Si fj Hf it 2flt p,1R?l2fi.?wi U h iifl would iV-ttnA t Waid that num. be returned..; It is said that a num- ber of replies came Uv ; Albany rate t Fvinir in inn naiuo tiuu tv liaii mv.- i v. ' c'.xi m j n .... nvrl to . the postmaster with the : remark that some mistake had ben f made. Tracing the matter upland Rooking Sf. V.r? ,r7V t. 7- iw.i i. vtciK norved It is said that Tie has servea a ttim n. r" -1. .k "v..hnu ri. v" lc"".i" on for an offense ' - similar r to thl j one. OSTEOPATHS' ELECT OFFICERS. Dnleirste Rodv ConiDOSCd Of OnO Memher Kor Ever 6t Active rnysi- rians in a State. ' Organiied to Tako Over Detail Work. 6 5 i -y -:.,Q;y: J Norfolk. Vs.. Aug. 29 The Ameri-1 can Osteonathv Association this f- ternoon elected the following officers: ProairiAnt rt. i SV JE.ii Mra, 1A l via v rn . iAemn nrst vice . presiaeni, 1 U, R m Khtiornrd. Richmond. Va.i I Hulett. Trustees: DrW. W. Steele, Buffalo; Dr. M. RyClark, Indiana-polls, a-nd Dr. M. K. Jones. Macon, oa, f The association organised a aeiegat body, composed of one - member for every 50 active physicians In a State, to take over the detail work, and Dr, A.' C. Wildreth, St Louis, was named . Auenr.ec: as president, and Dr. C. ti retary ana treasurer, , , , , & Osteopathy Day at Exposition. Norfolk. Va.. Aug. '29. To-day wns observed as "Osteopathy Day" at the Jamestown Exposition with a special programme 01 uureso uiv In Convention Hail Incident to the ejevemn annual convenuoii u u - American Osteopathy Association, now, meeting at the exposition, ..Tivtr n ttvntrjMt " ,T . Mass of Earth Slowly Sliding From HillMlde ixiward t;ut wreiM i-wr 100 Yard With Houses Drops 300 Feet tn 24 Hours. Pittsburg. Aug. 29. With their houses cracking, window breaking, and chimneys sinking Jeey Into the earth, several hundred foreigners have fled from their homes in Port w.. . n...!. til 1a utthiinh foe plnv 1 j . 'i VvSL 'tyXllY.JL landslide, which threatens deaih in a to burv 23 dwellings. One hunderd yards neiow tne run hursr & .Lake Erie -Railroad Company started recently to mane a cut ror aa- dlt onal tracks. - The earth netween the cut and th hillside on whtclv the houses sUnd is underlaid 1 with soft shale and soapatone, f The whole mass is slowly pipping toward. During the nast 24 hours the street for 100 yards. , with its houses, . ed 00 et oewwun"fl"v ranini iw - leaving nut wy -iu,w '' ""M or. fir protection. - - J i" 'i 1 ' ' lltJiXKru u a. v. Biaift r : 7IT!i ' ,M , Judge Prttchard IU?nders Decision J.tt tww 01 siunw y"" . M . M SM ! tM A SB I . I4n lwiway riaupuii wvBwug ror iib,ou iTnmnw wmm:,,.t j Ashevllla, Aug. 29. Judge J. C. Prltoh - SS. Mnrm id thn railway for HO.Ooo on nccount of personal damages 1 sustained by him. the suit being entered In the ywu court or Bouin usrwinsj -i nsj nui- " 1 JKt.1-J?2SS2L h.rtSKR ...Vri Th. r.nwv ..nmrvanv nitettina- 1 Uat It was a cltlsen of North Cnrolina. eousness." ? After hitting the Repub whlle th plaintiff wa a cltlsen of South lloan ' party ' and its protectiv tariff r!rnlln. - a faw licks h said nit wnnld nana on. judge rmcnaro atter nearmg tne ar- niment remanded the case kck to the Bouth Crollna State court from whence It wa moved on th ground that tha llwuv nomnanv was a uoinestio , cor ir(irin - C. P. Kaurders, of Sparfsnmirg. ap- pmred for the railway and Stftnyftrn Wilson, nis of nt artanhurg. represented the plaintiff Morrow. HOARDERS WITNFJSS TRAGEDY. rnrMne of in Vn fan Grove Hotel Mortally Wound Wife, Seriously Shoots Yoor-Old Daughter and Take Ills Own Ltre, IVuii flrnvA. N. J.. All. 29 Tn tfm nreonce of ntimber of hoarders In thlo steadily conquering our Stat. For New Jersoy nous, a notei or wnicn nej was tne oruprwior, iwnwn o. virnTan, i yesrs oia. to-oy snot na nernnp mor- tally wounded hi wife, Irene, serlmislyl wnundeo nis s-yenr-OM aaugnter, Aioiiie, and then killed himself. - Donvwtlo trou ble I said to have been the cause of th 1 tragedy. ' . The couple nuarreiea in tn hotel din. p-rnts. to shWd her mother and was not ,n the thigh. r Vhen th child fell oravatt fired two other bullets Into his wife's prostrate form, and then sent th remaining bullet Into his own hrain. . flrnvatt was well t- do. Etl4'- IHng proprietor of th hotel where th traely ci-iirri. ne ownee a .atort in . Astury Park. , FALMXO SO,FFXLD KILIyfl TWO An 800. Pound ' Piece. or Seone Cratdte Onto the Platform -si en lVecipilatcd to Ihe Ground, a Dis tance ot Q jm.f-i.'- York. Pa.; An. 29. Two men wer killed nd two injured, on probably, fa- tallv, bv th falling of a scnffold to-dtty at the York county kill which Is jbeing rebuilt. ; The scaffold wa Wrecked by en fwo-pound piece of granite falling on H. and the mn wer pret?lpitatd ti thai ground, a dlatauce of m0 feet, EDWAHU COOK, i assistant fore- 1 mnn." t.'icnn, in. r . WILLIAM KRKY, ston mason. Tork. Inlurwl: T. K Cunnlnultam. . stone ml internal Injuries, hmory i'liliorft;. stone maNtm, York; log fcrvken and con tusions OI DOOjY U KT( H AT II : : - s x iv..iu oi inu w. , ... Candidate For the Gubernatorial Nos i- Ination Addresses J1ve llu? J'wiplo and, Makes a Good Po!;lu d Ppeeclh Aealn Attacks the TniM- and the Railroads State Ills i; r- ord and , Calls on the People 1 or .nnport t'oniplalng or Inaccurat llt H)rUng lilts at the Newspapers Again. -,: . Mr. W. W. KItchtn. Representative in Congress for the past tea years and now candidate for the nomination for Governor on the Democratic tickeV spoke yesterday to a crowd of about too persons at Dixie school house for nearly two hours.. . The time he actu ally consumed in speaking was one nwir and fifty minutes. Of tils period of time he spent 35 minutes in lam- lasting trusts and railroads,- 2 min utes in attacking and correcting alleg- ea inaccuracies m The Charlotte ub- V1 l. nar.10"e , mmm nt.n.. ' BI1VUIU love mm lor ia n"les he haa msde. 20 minutes in ol,rtlB "l0' pride to. his record In Pol't'ca. 17 minutes to generalities. to the cause of , the , fj.rm Pmnrin i,i...,,jui-'-.,- . KMM,rv. Whin-. -nch i.t he dellv Hill an! s min- .. . . , , . ... ulra "e aevotea to ine wnariotte uo- .Th Iw ;2!J, Sme?iShTil -of STffttl1 k analysis, masterful ruling of one Fni n anotner, ana unansweraoio r , h nrnnl im. phantly . that they were - oonosed t - - ... ....... him: in fact Judging b- some of the hsrsh things ?ie aswerted these papers had said, one coulj not escap the ', conclusion that these papers did noo want him for Governor, any how. i Having made this plains Mr. KMehtri skilfully lined up these paper with tn0 southern Railway and the Ameri can Tobacco Company by ; showing how they were ist! opposed to : hlrn. H was careful not to charge th.it these papers and all persons who are opposea 10 nis nomination are m coi- lusion ; wun inose two corporauons he was plain in saving that he never ima iriuue -any .sucn viiane cui ao htrded the "subsidy" papers and those persons who are opposed to him an J then pointed to the hated figures of the Southern Railway and the Ameri can Tobacco Company in the midst of the group as If to say, "Just look at 'em flocking together," the Infer ence being that they were all birds of a feather. Mr, Kltchln took the,, ground that there are.no such things " "fti'ii l J" JOS out of existence Observer reporters came in for more complaints of inac curacy. "The ' hostile reporter of thej hostile Charlotte Observer" was ar raigned for leaving out i the , word "nut" In nnj, nnrairrnh nf th . Mor-! ganton school speech and for putting a comma ' where there Should have been a neriod in another. Viewed entirely as a political ut terance, Mr. Kltchln s speech was -a good onsvvJar. Kltchln knows how to PP1 to a crowd and he ls a good "mixer." His appearance yesterday probably gained him some votw. though at no time was there any de monstration or- attempt at applause. What , Mr. Kltchln lacks In the more, ornate kind of eloquence or convinc ing logic, he makes up in persona! magnetism and platform presence. He is not a bad looking man per- -onallv and attracts th attention of I r V . . . . . - i tnaiy PPle by bis statesman style of d r r Th occasion was a nicnie held un der the auspices of the Woodmen of th World. The pretty Wxle school house was handsomely decorated wlt'.i flags and bunting and over the spak- er s stand hung the massive letters in cedar. "W. O. W. ' Lots of the wo men folks werevout and a gooj per- ntae- of the ''boys and gala,"! ; The , in h.i. . affairs that Mr, Kltchln was compell ed to stnp In hit speech once and beg. mini to make a little jess noise. .Some introductory - remarks were made by Dr.' Roblnsoh. who also In . rtA,i u t n .- m it. nr - fm. marlott bar. Mr. McCall Introduced r- Mr, Kltchln s th "son of th greatest Mmnigner North ' Carolina has ever 1 " . . . k prpducea. I miiv oibho ne on or t. boldest, brainiest and bravest men u n public life to-day. w I have decided 1 to support him because ot his" bold- Mr. Kltchln announced that he was going to talk along political lines, be- I cause "iim had the permission of. th- woodmen when he accepted their nvttatlon. "I have not come to rouse passion." sal J. , , Mr. Kltchln. peace with the mammon of unright- ai lt no longer "cuts any lc' Jn North, I n- 1 .. . - th nmnoratiP nrfv ' i? i.! .!?..!' "" "vn nm on the Question of education,. Confed- srat pensions and ? the negto, ; and ! while on this last h took a Shot at" The Observer Reporter at" Morjranton lor saying he "revived the race ques tion." In refutation. Mr.- Kltchln dis cussed the superiority of the white , race for several minutes, showing how- he .was not, reviving the race que- -tlan. Thence Mr. Kltchln passed to temperance,; gaylng;;,V,''i;.;.'-'f',."-. "1 am in hearty sympatny wita tne great temperance sentiment that Is many year every, saloon man' in my i county ha opposed me ana every tem- Deranc man ha upheld me. la my town in August, 190a. in the only election w hav ever had on saloons, I voted the dry ticket, es I shall on. ell occasions do. By precept and prac tice 1 am a temperance man, in joint our temperance legislation," "Now what is the jjemocraiKt party divided on: . .first, on the 'monopoly nuewtlon: u second, on the railroad question," .said Mr. ' Kitchtn. , He. them entered into a (i!acussin;i which has been reported in substance several times before. He was for destroying All monopolies nd truu. jj," j" rt"oyjng them them "to plunder the people." li tarried a while in this discussion t v deny that he was a demagogue an l asserted he was simply "a, plain, Mu-u man. . Demagogues , ne Mettnea e ? 'those whose hearts heat wltlv th people and "those who thinH: t:.- lare so far above ordinary men t . they are above tn vnarge or - magogy."' Mr. Kltchln sni.l mo - i ; the opposition to him had Its 1 on the fact tat he oppowa the r - road mall subsidy, lie then took freight rates and .-denounced t Southern Railway for its discri-t-.I:; tlon aaalnst Charlotte 1n f n . LnchUurg.,vii;;i-c as ivU tt:v -of molasMea.. which could . .-y'.rxICtontlnued on
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 30, 1907, edition 1
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