Newspapers / The Charlotte Observer (Charlotte, … / July 28, 1908, edition 1 / Page 1
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'7 -r ' . . . . . . ... . . SUBSCRIPTION PHlCE: $8.0Q A YEAR CIJARLQTTE, N. C., TUESDAY MORNING, JULY 28, 1908. PRICE FIVE CENTS. DUTCH MAKING FIRST MOYB CRUISER ,,GOES TO VENEZUELA ' Closely IVlkwin tfe Dismissal of tl Netherlands Minuter to Venezuela V- - by President Caatro, Dutch Cruiser is Sent o That Country to Protect i Dutch- Interests Dismissed Repre ' ; sentatlve Has Been Ordered to Pro ceed at Once For Holland and It to Believed That His Government Will - Not i Support 111m Departure of Venezuelan Consul Hs Brought ' : Peace to Curacao and the Troopa. - V - Hava Been Withdrawn. -' "Willemstad. Island of Curacao, July " 1 7. Tha serious nature of tha ,aitua - tion " that has arisen , between the Netherlands and Venezuela -was . 'em phasised to-day by the Issuance of -. orders to the Dutch cruiser Oelderland ."' -to proceed at once to Venesuel to protect Dutch' interests there. -The '.'Oelderland arrived tiers wlth J.D. Dereus, the Netherlands minister and resident at Caracas, on board, who was dismissed from Venesuela by President Castro. It was only a few hours after th cruiser's arrtval that the orders lor an immediate return to Venesuela were received. The -departure of the Venezuelan consul, Sener Lopes, has resulted in a cessation or riota wnicn grew out of the anti-Venezuelan sentt enent here on Saturday and Sunday. The ctty is now calm and. the troops which were patrolling the streets have been withdrawn te their barracks. The Gelderlaad took M. Dereus on board at LaGulra, which Is about 21 Tnlles by rail from Caracas. The mtu lstsr has received a cablegram order v log him to proceed immediately for Holland. , Caracas, Jiily 25. via Port of Spain, July JT. -The German minister has taken Charge of the Dutch Interests here. In view of the dismissal by President Castro of M. Dereus, Nether lands' minister, from Venezuela. M: Dereus Is awaiting the arrival ef a Dutch warship at Porte Cabello. He claims that his offensive publica tion had the approval of the Nether lands government, saying that he re ceived cablegram yesterday from The Hague approving his note and In structing him to Insist upon an Inter view with President Castro; but this Is Impossible as diplomatic relations between the two countries have been severed. A decree Issued to-day raises tho duty on straw paper and wood paper of the third class. Caracas, July 22, via Port of Spain, July 27. The general opinion here condemns the Dutohl minister, M. Dereus, for publishing the statement that Castro had ruined Venezuela and the belief Is expressed that the Neth erlands government will not support Dereus' on accounl'ef his Indiscreet ot The minister's expulsion without being, given time to cormriunlcate with his government has a precedentln this country In the expulsion of the French and Belgian ministers In 1$94. " BVRfl AW.SJYERY SOLVED. Missing Man Fonndf Dead, With Ar tery In Severed! Was I'rolmhly Bitten by Snake and Died From the ryir-Infllcted Wound. Special to The Observer. Wilmington, July 27. The mystery surrounding the strange disappearance f W.-E. Sutton, a well-known citizen of Burgaw, from his home last Friday, was cleared up Sunday afternoon late when meonbers of the searching xartv found his body about a mile and a half he low the town near the public roadv the main artery of one of tils legs just below the knee being severed evi dently by a knife -which was found some distance away with his eyo- g la Beg in his hsX. The leg had later been bound with a cdrd as If the de ceased had attempted by this means to stop the flow of blood until assist ance could reaoh him. Mr. Sutnm was (0 years of age and is hoffght to have been mentally un balanced wihen he left home, and the. exact manner in which he-canfe to his death may never be known. One theory is that he was bitten bya-snako and that he cut the wound out and then attempted to cauterise it by means of the cord found tightly drawn around the limb. The - remains were Interred immediately. Two daughters,-! a son and a widow survive him. CAV BULK SHIPSfEXTS. Shippers Can Combine Small ..Quanti ties of Freight and Get the Iower Rate Applicable to Large Shipments Ownership Cannot Be Made a ; Test. . ' . Washington. July 27. According to a decision by the Inter-State commerce commission to-day shippers may com bine small quantities of freight of various ownership, either by arrange ment among themselves or through the medium of a forwarding agency, and ship the combined lot at the rel atively lower' rates applicable to large shipments. . : The commission decided In favor of the small shippers upon the ground that the ownership of property tend ered for shipment cannot be mads- a test as to applicability of a carrier's rates. The lnter.-State commerce law forbids discrimination between ship pers, and the fact that one shipper tenders a "bulked shipment" made up of property of various ownership con solidated before delivery to the car rier will not Justify the carrier In mak : Ing a different charge than for a ship ment of similar character tendered by shipper who Is also the owner. lighthouse Keeper Rescues Stranded Crew. ? rht-lABAi B r T..1 ITTt . .Tk . "wkvss, u. w uij a, r 1 no -schooner Jose Olaverrl, Captain Fos- ter, previously reported ashore on Bull's breakers, twenty miles from here, was abandoned by the captain and crew this morning. The wind has been so high and the sea so rough sines the schooner, went ashore that It was Impossible to reach the vesse) until to-day. The captain and creW were taxen otr by Lighthouse Keeper A Halvor Svendsen. and are at the kee it er's nous resting after a trying " iitw ua . - a iivrv is - very liUle .chance to save the ship and cargo. Two ! Drowned . In Florida. - Jacksonville, FlaV July 7j-Tw deaths ,- by drowning occurred" ln jrioriaa to-aay, one at Amelia Beach", near Fernandlna, and the other at paytona Beach.., Willie Beckham.' of Windsor, Fla, while In bnhlng -with a dumber of friends at Amelia Beach was caught tn the undertow and at 33ayton J B. Bunch lost his life la a sdmllar manner. Both bodies are still xnlMing - " - GIFT FOR SCHOOL BETTERMENT. Pee. body Board SendS $500 Check to iSonthu carouit Association rostra of Visitors of Military Academy to - Meet-in uendersooTUie, i -,v- t Observer Bureau, ; - - , : 100 Skyscraper Building. ;; Columbia, S.. C . July 27. State Superintendent of Education Martin has-,recelved a letter from Wlckliffe Rose, secretary of the Psa bedy Board, with a check for $500 en closed" . This check has been sent by the Peabody Board to the School Improvement Association do aid It In the good work it .Is doing, 'and is in recognition of the work - which has been done by Miss Nance. " The Pea body Board has given $11,000 to Win- throp this year, and its gifts to this .Institution for the past several years have averaged. $3,000 a yef r. . It will be remembered that the reaooay Board has also helped the schools all over this State in days gone by, and was very instrumental in the develop ment of the school here In Columbia which finally became Wtnthrop Col lege. The attention of the board was brought to the. work being done in South Carolina by Miss Nance through the efforts of Mr. Martin. On August' 4th there will be a special meeting of the board of vis itors of the South Carolina-Military Academy at the Wheeler Hotel, Hen dersonville, N. C, for the considera tion of beneficiary applications and any other ' matters which may be brought up. The following are the elective members of this board: CoIv C. S. Gadsden, Charleston, chairman; Col. J. J. Lucas, JSociety Hill; Col. W. W. Lewis, Yorkvllle; MaJ. E. M. Blythe, Greenville; Or lando Sheppard, 'Edgefield, with the Governor, State Superintendent of Education Adjutant -General and chairman of the military eommitteesV The board of trustees of the State Institution for the Deaf and Blind will meet In Columbia the forenoon of August 5th. ROBBEK ATTACKS YOCNG LADY. While on Porch Drinking Water Slim Beulah McFadden Is Attacked and Ring Taken From. Her Hand The Culprit Escapes In the Darkness. Special to The Observer. Rock Hill, 8. C. July 27. Mls Beulah McFadden, who lives with her uncle, Mr. J. M. McFadden. on West Main street, had a thrilling experience with a brute in human form last night about 10 o'clock!. The young lady stepped out on the back piazza, where the water is kept, and taking a dipper full was about to dr:nk when some one threw a towel over her head and attempted to 'strangle her to prevent an outcry. She was dragged down the steps and ber ring snatched ft her hand, but the would-berobber must have become frightened about this time and In his hasty retreat dropped the. ring. Her cries brought her mother and uncle, the latter with his gun, which he shot at. random into some shrubbery In the hopes of hitting the oulprlt, but some of the folks In the house say they hoard tho would-be rohher run out by way of the front gate.. , r1 l MIbs, McFadden was carried Into tho house and medical attention given her, though she was not hurt. Her nerves stood a considerable tttrain and she In reported as resting easy to-day. Mr. J. M. McFadden started a team to the convict camp. Immediately af ter the crime for the county blood hounds, but they were on duty In North Carolina. The robber left no clue, although the police are working on tbe case. Miss McFadden Ik not able 'to say Whether her assailant was a white or colored man, th attack being so sudden, and the darkness so great; she was taken entirely by surprise. She I do. s say that he was of tall stature. This Is the first case of this nature. I Hock Mill has experienced In somo time, and the boldness of this rob ber has put tho citizens to thinking. A BRAJJCH AT DENVER. Democrats Will Oped Branch Head quarters in the Convention City- Old Time Democrat Will Be Asked For Advice. Chicago, July 2,7. Chairman Mack, of the national Democratic committee, announced to-day that branch head quarters with John E. Osborne, na tional committeeman from Wyoming, in charge, will-be opened in Denver the last month of the presidential cam paign. Mr. Mack, who left to-night for his home in Buffalo, expects within the week to decide upon some man or men whose name will !bo presented to the executive committee for chair man Of that committee. William J. Bryan within a fortnight or less wl'I meet member of the executive com mittee in Chicago. At this meeting tho chairman of the committee will be chosen. In speaking of the advisory com mittee which he will appoint, Mr. Mack said that it will Include uch men as former Governor Francis, of Missouri, and John E. Lamb, of InH diana.. "Mr." Bryan." said the Democratic .chairman, "Is anxious to have the ad -J vice ot oia-uroe uemocrau ana ne wishes part1cu1arxiyj"to Interest those members qi tne party in ine cam,- paign Mr. Mack will announce the person nel of se executive and the advisory committees at Buffalo. He expects to spend in Chicago the greater part of his time during the campaign. COW STEALER AT NEWTON. The Animal Boldly Led Off and Snap ped For an Organ and Some Boot Jim Potter Supposed to be the Gnlltr Party. Special to The Observer Newton, July 27. Saturday after noon a strange-man loafing around id North Newton saw a milk cow be longing to Mr. Foley Deal quietly grazing In a lot. Untying the animal the stranger led the cow ,-iver to Middlebrook, where he swapped her to Mr. U. ) H. . Hudgin Spr an,, organ and $10 to boot. The cash was paid over, the man. saying that he would return for the organ Monday. When Mr. Deal went for his cow. In the exp-.evenlng the 'theft was discovered. A warrant has been Issued for Jmi Pet ter. a brother of Boone Potter, who was tried for murder several rears ago. Mr. Tom Carper talked with a strange; Saturdsy who gave his name s Jim Potter, saying he was a feroth r of Boone. The same man bought s me clothes at the Newton Cotton Mill store, and then Went to a barber shop and had his moustache .shaved. He then went Into. a piece of woods nearby and put on his new e'othes, leaving -the eld - ones - behind ""Sim. where they were round later." The man is -Tuppo fo TKve taken the evening train" out of Xewtea. ' : i "' f COMMISSION HAS POWER TQ STAY INCREASE OP RATES Inter-State Commerce Commission W in Consider Reasonableness of Freight Rates After- They Have i Become Effective and Believes the , , Increase is Effective After Notice Has Been Given by Carriers and Before the Kate Actually r. Goes Into Effect J udire Speer, of Geor gia, Has Granted a Preliminary Injunction Against Several Rail roads and His Action Haa Created Much Interest- His Action Similar : to That In the Yellow Pine Case. Washington. July 27. The an nouncement by the Inter-State com merce commission to-day " that .It would consider the reasonableness of rates after notice of Increases by the shippers and prior to their filing of protests Is regarded as. oft. wide spread importance. Following close ly upon the action of Cincinnati ship pers appealing to the President to induce the commission to take thi course, it is generally believed here tnat the suggestion caning rortn tne statement- came fromf President Roosevelt. Chairman Knapp said last Saturday that the law contem plated investigation of the reason ableness of rates by the commission after they have become effective, but he thought the commission might decide that the increase Is effective after notice has been given by a carrier and before the new rate actually goes Into effect. The com mission's statement to-day takes that view of Its powers. There la much Interest in the action by Judge Speer, of the Southern Judicial district of Georgia, granting a preliminary injunction restralntng the Atlantic Coabt Line, the Louis ville & Nashville, the Nashville, Chattanooga & St. Louis, the Cincin nati, New Orleans A Texas Pacific and the Southern Railway Com panies from putting Into effect on August 1st the Increased rates on shipments of staple products from Western to Southern points. THE YELLOW PINE CASE. In 1303 Judge Speer took the same course In relation to the In crease of 2 cents per 100 pounds on yellow pine- by the Southern Railway and J?outheastorn carriers. Including the Southeastern Freight Association. The advance was on rates from Gcprgia and Chattanooga to Cin cinnati and other points on the Ohio river. The increase was promulgated by the carriers to take effect April lr.th, 1903, and would have become effective except for the temporary injunction granted by Judge Speer April 14th. On May 16th the court dissolved the temporary Injunction and withheld further action until the ch.hc could be determined by the Inter-State commerce commission. The roirrt plarnd the carriers tinder bond to refund tho overcharge should the commission decide that Its in creased rate was unreasonable and the new rate was then allowed to go Into --effect. Th commission deciding In favor of complainants, the rail roads refused to obey' its order and Judgo Speer sustained me com mission's decision and- enforced Its order favoring the lower rate. FORSYTH COURT CONVENES. . 'V. Judjre Jones Holds July Term, J ''ere llcmg some important x Trial Kxinirslou l-'rom Raloigh. Special to The Ot server. Winston-Salem. July 27. The regu lar July term of Forsyth Superior Court for the trial of civil cases con vened thin morning at 8:30 o'clock with Judge K. H. Jones, of this city, presiding, ho having made an ex change with Judfto Councill. Solicitor Porter Oraves was on hand to look after the Interests of tho State. Court opened earlier than usual on the' first day and there -were but a few In the court room -during the empaneling of the grand Jury, and several of the Jurors were also late In arriving. Mr. R. P. Cllngman, ot mis city, was se lected as the foreman of the- grand Jury. Judge Jones made a very able and comprehensive charge to the Jury. This Is one ef the most Important terms held lately as there are two murder cases for trial and so vera 1 less Important ones, besides the usual number of minor cases. An excursion train arrived here at 12:!0 o'clock this afternoon from Ra leigh, bringing a large number of visitors to the Twin City. The ex cursionists remained In the city until late this afternoon, when the train pulled out on Its return Journey. Th most Important case tried to day was against Ledel Pea, a 13-year-old negro boy, one time a resi dent of Charlotte, charged 'with en tering the residence of Eugene Albea, on Fourth street, with burglarious in tent. He was convicted and given five years In the pen. The boy has a bad record. TEXAS PRIMARY RETURNS. Present Governor and Attorney Gen eral Have Been Ilr-Nomlnated by Good Majorities, But the Vote on the Prohibition Proposition la About Equally Divided and a Full Count is Necessary to Determine the Result. ' Dallas. -Texas, July 27 Additional returns received by The News to-day make it certain that Governor Camp bell has been re-nomlnated by a ma jority of about 75,000 and thatAttor ney General Davidson has also been re-nbmlnated, by a. majority which map reach 26,000. Returns so far to hand show a ma jority against the proposition to sub mit a prohibition- amendment. ' but the margin is so narow that it will require the f ull count to determine what the- result -haa been J..L. Rob inson for land commissioner; - R. E. Cousins, for Superintendent of Pub lic Instruction; A. B. Davidson, for Lieutenant Governor, and O. B. Col quitt, for railroad commissioner, have been nominated. There Is still doubt as to the outcome of .the contest for Uchmptroller, All of the congressmen who had opposition have been re nominated, with the possible excep tion of 8. B. Cooper, in the second district. He is leading-in the recurns so far received, however. . ' Mad Dog Scare In East Spencer. Special Jo The Observer. Spencer, July Z7. A . mad Tdog created a small sensation In East Spencer Saturday by biting a young colored girl, daughter of Jim Archie, after which It escaped. The dog hi said -to have come from Salisbury but its owner Is unknown. The child wis carried to a . madstone at Char lotte and It is said the stone was still sticking to-day. A dog supposed to be suffering from rabies -was also killed at the home , of Mr." R. D. Wright in Spencer last week, T It. ran Into tbe yard and attacked a dog. which, however.-esraped. The ani mal was promptly shot -- 8HEMWEM, BOUND TO COURT. I Lexington Citizen Who Forced Con ductor to Stop Train GlverjHerr; ing Yesterday His uond r ixea at ' - $1,000 and Is Signed by His Soi Was Tried on Three Warrants. Two Being For Assaults With Deadly Weapons. " Observer Bureau. r The Bevlll Building. Greensboro, July 27. Baxter Shemwell, who forced Con ductor Smithers to stop Southern Railway tra,ln No. 37 for him at Lexington, on the morning pf July 21st. was given a hearing 1 before Justice Collins here this afternoon and held for the September criminal term "of - Guilford Superior Court under a bond of S 1.000. The de fendant's ' son. Dermot Shemwell. 6lgned the 'bond as surety. The hearing was held In thecoun ty court house and was attended by a crowd that taxed the capacity of the court room. The prosecution was represented by -Wilson & .Fergu son, Judge W. P. Bynum, of Greens boro, and E E. Raper and T. E. Mc- Cary, of Lexington, appeared for the defendant. The principal witness for the State was W. B. Smithers, conductor of No. $7, ,w,ho had tfce treuble with 8hemwelL It appeared that Shemwell boarded the train at Charlottesville. Va.. with a ticket from Staunton, Va., to Lexington. Conductor Smithers testified that be fore reaching High Point he notified Shemwell that the train would not stop at Lexington and that he could either leave the train at High Point and wait for No. 11 or go to Salis bury and catch No. 16 back to Lex ington. According to the testimony. Shemwell refused to read a message giving. .these I nstructlpns. and as the train was pulling out or tne mgn Point yards drew a pistol on the conductor and declared the train would stop at Lexington for him. The train stopped at Lexington and Shemwell was greeted with a hand shake by the chief of police of the town, who had been wired to 'meet the train. In his own behalf Shemwell testi fied that he thought the train stopped at Lexington to let off through pas sengers, this having-- been the cus tom when he resided In the town, lie swore that he drew his revolver In. self-defense when he was ex pecting to be assaulted by the con ductor with his ticket punch. Shemwell was tried on three war rants, one enlarging him with carrying concealed weapons and the others charging him with assaults with deadly weapons on Conductor Smithers and Dr. W. P. Webb, of Rockingham. Dr. Webb was pres ent at the hearing as a witness for the State. COUNTER ACTION TAKEN. Shemwell Has Warrant Issned For Conductor Smltherf' Arrettt. and He Will Abto Sue the Southern. Special to. The' Observer. T.oxlnirtnn .Tnlv !7 Mr. Rftxter Shemwell was anxiously awaiting a iclcM-am tn-nteht from (Jreenshoro Informing .him of the arrest of Con ductor Smithers, but at 9 o'clock no message had been received. The warrant charges assault with a deadly weapon. Smithers Is said to have evaded officers In Greens boro. The warrant against the con ductor was sworn out? before Justice of the Peace Moore and the trial is to take place In Lexington. Mr Khemwell haii InRtltuted suit against the rsrllroad for damages. but the complaint nas not yei neen filed. . Aetna lton Mill Property to Be Sold. Special In The pserver Greenville, p. C.( July 21. In the hearing before Referee Heyward here to-day It was decided to sell the Aetna Mills property of union Ootoner 7tn, the upset priee being fixed at $250, 0Q0. The appraisers' report, which was submitted at the meeting to-day. places the value of the estato at $.105. 000. The first mater discussed at tho meeting was tho disposition of the cotton goods now in process of manu facture whioii remained in the ma chine when the mill was closed down by the filing of the petition In bank ruptcy. This unfinished stuff was ap praised at $15,00. It was finally de cided to order the trustees to put a, force at work and complete this un finished material and sell the goods as rapidly as possible. Bold Attempt at Robbery. Special to The Obnerver. Spencer, July 27. A bold attempt at robbery was made a, the home of Mr. T. H. Krltzer In Spencer last night when Mrs. Krltzer, on going to .her back porch, discovered a man in the act of entering the dwelling at a back entrance. The Intruder was frightened away by the screams of .Mrs. Krltzer and there is no clue to the Identity of the would-be rob ber, who made good his escape. The family had Just returned from church and it is believed he Intended to get through his work before the family reached home. " ' Machinist at Spencer Badly Hurt. , Special, to The Observer. Spencer, July 27. George Rusher, a machinist employed by the South ern Railway Company In Spencer, was badly injured at the shopsere to-day by a piece of casing., airing from the top of one of the ' large locomotives and striking him on the head. - He was working around, the engine ' when the accident happened and was promptly cared for by fel low workmen, who summoned a physician.--The piece of metal' which hurt him weighed about twenty-flvd pounds and fell about eight feet, r- Aged Woman Murdered at Tampa, - . Fla. ' Tampa, Fl Jsly 27. Mrs. J. W. Piatt, $0 years old. was murdered by unknown person" to-day at noon at tier home near GlTchrit Institute. Dis covery of the crime was mads y her son, Walter Piatt, who going heme far dinner, found -hi mother's-body on the kitchen floor with six - bullet wounds in her head. Her daughter, Miss Mattie Piatt, a teacher at the institute,- had Hit horns thirty minutes Chinese Drowned by Typhoon. Hone Kong. July 17 A typhoon struck Hong Kong shortly before 12 o'clock last night, causing unusually high eas to run. A number of Chi nese were drowned. Members of the crew of the British crulxr Astraea with a searchlight started out in a cutter to rescue 1$ men who were fighting for, life agslnst the angry wave. They succeeded In rescuing six of them." the others belng drowned. The property loss ua shore is very beavy. . " --:-',- ; UANK -CASES TAKEX UP ARGUMENT TO ABATE HEARD. Tbe Defense bi Well-Known ' Cases Which Have Been In the Court "For -ft Decade Endeavor to Have Bills of IndictmetU - Quashed en ' Ground Tltat Grand Jurors Had Not Paid Taxes District Attorney Holton Has Ills Side Worked Up Well, and It Seems Certain Tliat There WIU Be No Quashing Judge . Moore Give m Brief Resume of This Caw Tax Receipt and Shcr - Iff Stub Bear Dtfierent Dates, a .- Discrepancy of One Year. Special to Vhe Observer ' Ashevllle, July 27. Practically the entire morning session of United States District Court to-da- was con sumed with argument on the plea of, abatement by the defense In the First National Bank of Ashevllle cases, commonly known as the "old bank cases," Involving the Indictment of Messrs. Breese, Penland and Dicker son, three former officers of the First National Bank In connection with the failure of that Institution in the sum mer of 1897. When the cases, dock eted at Charlotte under the original bill of Indictment found at Greensboro in 18H7 which charged conspiracy, were removed to Ashevllle and set down for. hearing at the present term of United States District Court the defense moved to quash tho bills of indictment on the ground that three members of the grand Jury which re turned the blll of Indictment were disqualified by reason of having failed to pay their taxes. The names of these three grand Jurors were given: Messrs. A. R. Couch, of Oullford; N. W. Blackburn, of Forsyth, and James Davis, Jr.; of Guilford. When this wiotton w-as made, during the progress of the Whltaker trial. District Attor ney Holton moved for time In which to. make Investigation and if possible to secure evidence to con bat the af fidavits presented by the defense. Last week Mr. Holton went to For syth and Guilford on an "evidence hunt" and when the casea were call ed thl morning after Judge New man had arranged a number of civil causes for trial, Mr. Holton presented an answer to the plea of abatement and announced that he was ready to proceed. RESUME BY JUDGK MOOIIK. Judge Moore, of counsel for the de fense, then read the plea, an affidavit by Messrs. Breese, Penland and Dlck erson In effect that three members of the grand Jury. Messrs. Couch. Black burn and Davis, had not paid their taxes. at the time they were mem bers of the grand Jury returning the bills of indictment and thai, there fore, under the law the three jurors were disqualified and the bill of in dictment Illegal. Judge Moore. In the course of a few remarks, gave a brief history of the case, starting with the finding of the Indictment at Greensboro the present Indictment in 1897 and later the returning of Indictments at Ashevllle; the remov al of tho rases from Greensboro to Ashevllle: tho trial and conviction of Messrs. - Hrooso and Dickerson before Judge Purnoll In Ashevllle; the su Uitf out of a writ of error to the Unit ed States circuit Court of Appeals oy the defense; the granting of a new trial; the second trial of Major Breese In Ashevllle resulting In a mis trial; tho removal of the cases to Charlotte at the Instance of the dis trict attorney; the third trial of Ma jor Breese before Judge McDow ell at Charlotte resulting In a mis trial; the fourth trial at Charlotte when' Major Breese was "acquitted," said Judge Moore, "on the charge of embezzlement, and abstraction and found guilty of the misapplication of funds." He further referred to tlm sentence of Major Breene and the appeal of the case to the United States Circuit Court of Appeals and the de cision of tho higher court that the bill of Indictment was defective with the ending of the cases under the In dictments returned at Ashevllle. Judge Moore then told the court that the present arraignment of the defend ants was under the original bill of Indictment found at Greensboro ami that the defense was attacking the bill of Indictment on the ground that It was and ts defective. The court records the rases when the defendants were first arraigned more than ten years ago were In evi dence this morning, . Judge Moore reading from the records the entry made at that time and signed by Judge Dick In effect that the defense might, take advantage of any point for arrest of Judgment or to quash. ALLEGATIONS ARE DENIED. District AttorneyHolton In his for mal answer denied the allegations rel ative to the three disqualified jurors. The answer also set forth that this was not an apt time for a motion to abate, the prosecution alleging that the time had'passed. Joseph S. A lam's, of. counsel for the defense, vdeslred that Mr. Holton either answer or de mur, alleging that he couldn't do both. There was some argument on this point, the district attorney maintain ing that he was not endeavoring to do 'both but declaring that he didn't propose to agree or concede to any thing. The district attorney was prac tically sustained by the court and at the request of counsel for the defense the stenographer was directed by the court to make the points part of tho record with the court's ruling. To a part of the ruling the defense except ed. During the argument . over the matter the district attorney took occa sion to sajr that he "didn't think there would be any trouble about showing that all the grand Jurors had paid their taxes." - AFFIDAVITS BT DEFENSE. Several affidavits were read by the delnae,.Xbe .flrjitaJJldaylts .had. ta .do with A. R. Couch, one of the three grand Jurors, now deceased, chal lenged by the defense. J. Ellen Stan ley made affidavit that A, R. Couch died eight years ago; that he lived In Guilford county, and, that ho had property valued at more than $200. Roy H. Jones, deputy register of deeds of Guilford, was In court with the tax returns for the year 1$95. 11 was Introduced by the defense. He testified that be failed to find where A. R. Couch had listed taxes in 1898. He found the name of Alpheus Couch. Then ex-Sheriff Hosklns, of Guilford county, was called and the Interesting feature of the morning hearing de veloped while Mr. Hosklns was on the stand.: Mr. Hosklns waa ; sheriff of Oullford county and. tag collector from li$ to 1899 and had with him his tax receipt stabs. .He referred to his tax receipt stu'os and sad that .ho found where. Mr. Couth .had paid taxes Jn April, 1898. . . -. . -Isn't that 1897 r- asked the district attorney. ; .' ,.- -. . , -So. sir, It la 1 $$$. replied the wit ness. -' . " . . - , MW1L X hold In my hand here I'm receipt.", replied the district attorney, "and the date is April Ird, 1897." There was a comparison and Mr. Hosklns testified that the receipt must be correct; that theax must ha vo been paid In 1897. The discrepancy ot a year seemed to cause surprise. When Mr. Hosklns left the stand court took a recess for ten minutes and when It reassembled N. W. Blackburn, the second deceased grand Juror, case was taken up. Tes timony th being had relative to Mr. Blackburn when court adjourned for the 1 o'clock recess. The district at torney is seeking to show that Mr. Blackburn was qualified; that he didn't have any property on which to pay tax. PROSECUTION WINS OUT. The bank cases wHl not be conclud ed until to-morrow. All the evidence for the defense and the prosecution relative to the alleged disqualified jurors is in and Judge Moore tor the defense was arguing with , the ad journment of court this evening. Adams for the defense and Holton for the prosecution are yet to speak. The hardest fight was on the qualifications of N. W. Blackburn, deceased. The prosecution had evidence tending to show that at the time Blackburn was a member of the grand jury he had less than $200 worth of property. The defense had a number of affidavits placing the value at more than $200. The prosecution forced the defense to admit that Juror Davis had paid his tax. The prosecution also showed that "A. It. Couch" and Alpheus Couch, of Oullford, were the same person. It Is believed by a number who heard the evidence to-day that the prosecution has won out In the skirmish and that Judge Newman will decline to quash the bills. - ' MR. PAGE ADDRESSES BARACAS. Congressman lYoni Seventh District Make a Splendid Religious Talk at High Point. Special to The Observer. High Point, July 27 Congressman Robert N. Page spoke to a large crowd here last night In the South Main street grsded school auditorium on "Men's Work for Men." under the auspices of the Itaracas of the city. Mr. Page made a fine talk, dwelling on the fatherhood of God and the brotherhood of man as the great levers In the world's salvation, em phasizing the helpfulness of man te his fellow man In building for the hlghext Ideals In life. He spoke of the work of the fraternities srld thS good they are doing, but warned the people lest they forget that Church should be first; that In this broad field he found all the work he could do in fraternal. Christian and other ways, with the care of the family and the fireside. lis pointed out a great lesson to the young men In trying tfi help their TelloW men lifting them to a higher and nobler plane of living and following nut the teachings of the .Great I Am. He was glad, he said, to see so many young men who are Interested lu such a great movement and that It bodes good for the coming genera tions. He was given the closest at tention and the talk was pronounced one of the cleanest-cut arguments for a better and fuller Christian life ever delivered. The ministers of the city In an nouncing the speaker and In prayer referred to him SS the Christian business man, n man who lived the life he taught others to live, and de plored the fHct that there were ni-t more of the men of the country who carried the religion of the Lord Jesus Christ with them In their business. WAS JUST TRYING HIS GUN. Luke Sutton Dies of Wounds Inflicted by Another Negro A Traveling SMleMiissi ;ct chewed Up by a Pasqiititanit Farmer. Hpeclnl to The Observer. Elizabeth City. July27 . Luke Sut ton, a negro, died here this morning after hours of agonizing pain caused by shots tired Into his stomach by another negro, Henry Spencer. The trouble occurred on Euclid Heights, whero It is said crap shooting Is pop ular. Witnesses state that Spencer waa trying his. gun's shooting qual ities. Spencer and a companion brought Sutton to a physician and Bpenoer left stating that he would go home for money to pay the doctor's bill. He has not been captured, al though the police aro on his trail. Irvln Cherry, a traveling salesman for the Standard Pharmacy, and Mao Fletcher, a farmer of this county, en gaged in a fight early Sunday morn ing In Cherry's room over the Busy Bee Cafe, resulting In Cherry's hav ing his mouth chewed up In a ter- riuie snape by Meicner. it appears some minutes of hard work to release Cherry. It Is believed Cherry mouth will be disfigured for life. GETS AWAY MYSTERIOUSLY. Joe Evans, t Years Old. Disappears When Kent Out to Sell Sotno Fruit and Can't Be Found. Special to The Observer. High Point, July 27. Joe Evs-ae. a t-yrar-old white boy adopted by Mr. and Mrs. J. F. Hay den. mys teriously disappeared Saturday and although diligent search has been madeiiotrsce of ths youngster can be found. Saturday Mr. Haydtn sent the young fellow up street to sell some fruit, for which the lad secured sbont cent Snce th'at-tlm the whereabouts of the boy has been a mystery. The lad' Is of dsrk com plexion, black hair and rather slim. His people live In ths eastern part of the State, but a tejegram there ssja the boy has not showed - up. The officers are on the outlook and would like for other towns to look out for the boy so he can be returned to his home here. ' . . , Negro Thief Arrcwted In Twin City. Special to The Observer. ' High Point July 27. Chief of Po lice Gray yesterday went to WlnVon to get "Judge" Gray, colored, wanted here for store-breaking. -Gray se cured a .quantity of meat, cigars, etc- and to carry off his stuff went Into I the staples ot Jonn Austin, colored, nd securing his horse loaded bp with the . goods - and hiked sway Winston-wards. The Winston officers were notified arid 'as .a result Gray waa arrested, after-, trying to sell some of the stolen articles., - How ever, Orsy seems to be a humane kind of a fellow, for he took the bridle off the horsf ' before turning It loose so that the animal would not get tntahglvd la the limbs of trees or shrubbery. ' , tt, 7 L " i was oeiore Magistrate Bridges this i thJ", T, ' 1 '.nd r "tch? wh.a coming charged with selling whiskey, was drinking, went up to Cherry's ju gave bond for his antVranr7 mi room to have the matter out. When .it teVm of Cou Th8?f w!! the men were found by friend. Cherry r " , ""by H K Ostaraa &S wss on top, but Fletcher had a bull- I while J II ifell renlenV th' dog grip on Cherry, mouth and It waa .i!j.' BHI d. mil tne I Wn mn nnn BaA wnMa hi na TO BE ASOTHEMIEABLNG REGISTER CASE "SOT- SETTLED Governor Receives Many- Protests . Against a Pardon For ; Convict Register ' and He Will . Give the Matter a Final Hearing at Laurin. burg August " itth Hearing of ; Freight J)icrimiuation Case Abowc October J st Governor Glenn in Great Demand Now as a Speaker, Many Bureaus Wanting to Engage Him No Difference as Camp Glenn as to Movement of Troops, First Report Being Incorrect September ; 22d Date For Republican Con- -gressional Convention. , Observer Buresd. The Holleman Building, Raleigh, July 27. Governor Glenn devoted this after- ; noon to a public hearing of the appll-.., cation for pardon for H. B. , Register.- . an old convict serving a life sentence -for murder. Jackson Greer and . . Claude Bernard appeared for Regis- ; ter. whose entire family also waa . present, and B. J, Lewis appeared aa an attorney for those who oppose) the granting of a pardon. There ia -to be yet another heating of "this-," case, at Lnurlnburg. August 19th. fiovernor Glenn will hear It there. He will be at Laurlnhurg that day . to address the Confederate veterans.-;. This arrangement as to the final hearing is by mutual consent. . The L. Governor to-day received many tele . grams and letters protesting against ;. the pardoning of Register. Among the senders of these were the various n county officers, State Senator J. A. Brown and ex-Representative J. B. Schulken. Attorney Greer informed the Governor that he appears Only -, ' as a paid attorney In this case and In no other capacity. The Republican congressional dls- v trlct executive committee, of which J. C. 8tanell Is chairman, met her to-day and fixed September 2d as tho date and Raleigh as the place for V the convention. Every county wag represented. The Orion Knitting Mills, at " Klnston, Is authorized to Increase Its capital stock from 150.000 to 1100, 000. Chairman McNeill, of the corpora- tion commission, says it. Is now ex pected that the Inter-State com merce commission will hear tha freight discrimination case against the Norfolk & Western and affiliated roads about October 1st. In the fourth volume of "Great ' American lawyers" Chief Justice Walter Clark has an article on Chief Justice Ruffln, of whom he Is a dis tant relation. . . Your correspondent was given In- . correct Information as to there being some difference at Camp Glenn -last week as to the movement of troops between General Armfleld. command- t Ing the camp, and Colonel GarrLfer of thu First Uejjinvoftt.. - A FT E It GLENN FOR SPEECHES. Governor Glnn accepts an Invlta- 1 tlon to speak Ht Montreal August- 5th. He speaks at the Virginia Chautauqua at PurcellvlUe. Avigust 11th. He Is, receiving invitations dally to' speak. To-day two came In from Rochester, X. Y., and Toronto Canada. He will accept an Invitation made by a noted Irrture bureau to speak In November ami December twice in New Yrk Stale and thre times In Canada. This bureau Is the one under the auspices of which William Jennings Bryan speaks. Thr.-e of the chief lecture bureaus of tho country are endeavoring to induce him 10 make ' contracts with them. By order of Governor Glenn each rotnpuny of the Second Regiment I -allowed to send two men to the ramp of the Third Regiment next week t participate in the rifle practice. Th team to be selected to represent North Carolina ut the Camp Fvrry -national rifle match will be composed of five men from ench regiment. All the companies of the Second Regiment except hnt at Wilmington participated In the maneiivres at Chlckamauga and all the companies of tbe Third rx- cept that at Hendersnnvttle will be at'" Camp Glenn next week. 1 NOVEL FASHION IN GAFFNKY. This Falling In Well and Getting Oat I nhurt Mr. W. 8, Hall Comes Out as candidate For LrgliOature. Special to The Observe:. Oaffney, 8. C, July 27. Falling In wels and coming out unhurt seems to be fashionable in Oaffney. A cow belonging to Prof. W. L. Johnosn fell into a twenty-foot wel this ' morning and after remaining, some two hours was taken out none tha worse for her experience. Fortunate ly for the bovine there was no water In the well else the result would prob ably have been different. M. F. Hooper, of the Kiells section W. 8. Hall Esq., yielding to tha solicitation of many friends, haa at last rqnsejued to offer as a can Ida te for tho Genersl Assembly. Mr. Hall is a strong man and will, if elected, make a spies did Representative. The county cam paign' opened to-day. Vandrrbllt-MeCaU Case Set For Trial August llth. 8 peel si to The Observer. Ashevllle. July 27. The case of George W. Vanderbtlt against J. Frank McCall la set for trial before Judge Newman August llth. Tnla is the esse tried several months ago, which attracted considerable ' at tention. Mr. McCall alleges that he towns a farm or tract pf land and .ne prupviiy . nu oeen, inr possession of the family, lor nearly, hslf a century; that no deed - hs ever been made to it and that he ta In rightful possession. Mr. Vander bilt alleges to have purchased . tbe property and demands possession. The farm. It Is said, is not very valuable further than that It lies almost In ths centre of Mr. Vender bllt's hunting preserve, 4 When tha rase was tried here-jfome time ago the Jury rendered verdlct'ln favor of the. defendant. The veriict. how ever, was set aside and a' new trial granted... , f . - ..,-. Explosion of (Alcotiol Kills One.- In . , Jurevlmxher and Flrra Depot. ' Red Oak. Gi., July 27. As the re sult of the explosion of alcohol in ta Atlanta .West Point Railroad depot here late Sunday Reginald Smith, aged 15. is dead;. Will White, another boy. is perhaps fatally burned, anl the depot destroyed br fire. . Charles Putties, a friend of the t-.vo boys, had his hands Wadly burned n attempting to rescue them. . One et the bora, It is said, struck watch, near the birrel. of al.-oh ; which exploded and cut off the t-"- ' eacope. . - .
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 28, 1908, edition 1
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