Newspapers / The Charlotte Observer (Charlotte, … / Feb. 13, 1909, edition 1 / Page 6
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CHARLOTTE DAILY;; OBSERVER. IFEBRTJARY 13, .JOT. IS CHABGED WITH MUEDEB OE CXHAM STOW OX TRIAL. JCegT Who Shot and Killed FeUow- - Workman on Seaboard's Irnprove meat Gjuig Near Cliadwick Hill, Called 'at itj In Criminal Court ( Aaswer to Cbnrge of Murder In I-Vst Degree- Xaure o( Kvt ones Submitted AgtJaat Him by ur of His Assoxssaas In Uio Work and JBe-Witnewes of tbe Murder Trill a Contradictory Story to Tliat Given by the iwr Other Negroea Shot Ty Button Last Smeralier. Joe Dunham, the negro who shotj and killed Troy 8utton. also colon-d. i at a Seaboard Improvement gang . near Chad wick tome weeks ago. ai ftut on trial yesterday afternoon In criminal court for hU life Solicitor j Clarkson Implored a verdict of first degree murder and enured Into tha case with a spirit of determination to avoid any possible- miscarriage of jus- j ties. special venire of 80 men naa fceen ordered by the court, and from this number the follow Ing-named gentlemen were chosen to it in judg ment: Messrs. E. 8. Simpson. R. H. Rice. M. E. Christen-bury. E. F. Toe ter. J. P. Taylor, R. P. Garmon, J. W. Morris, G. U. Hoover, H. W. Davis, H. C. Williams. W. A. Short and C. A. Hodges. The first witness called by the Btate was Mr. C. a Mclaughlin, county physician, wlso explained the nature f the bullet which entered the body if Sutton HI? testimony was to the ffect that the wound wan mortal and ithat Sutton lived only a short while after receiving the shot. NATURE OF EVIDENCE. Alex. Crawford, an associate of bot the deceased and the accused, and a member of the Improvement gang, testified that near night on a day In Nevember. he had come up to the quarters with other workmen and :heard Dunham ask Sutton about a tub. "Dunham said that Sutton would have to pay him 20 cents hire for the tub," said the witness, "and Sutton aid in reply that he thought it wa only 1 0 cents " The witness declared that Dunham aid then that it was 1!0 cents and he ore would have It, The n.-xt moment v. w iv, flanh of a Dlstol from the window of the cook-car and Kuttnn i dropped over dying i rawforrt cam that Dunham shot from th, window and that Sutton was stiuidliiR on the ground nearby. Dunham came out of the car. looked at the dying man, went back In the oar and then dis appeared. The testimony of Henry Caldwell. 1ee Ingram and OeoTge Harris, other associates In the work at the time of Hho killing, was eubstantially thy Wma. Chief Chrtoteobury testified to the fact that he was on the seen a half hour after the shooting and stw eio wee poo about Button. Mr L. C. Vaughan, Jr., commissary lerk at the gang, declared that he rushed out of the car as soon a he was Informed of the tragedy and he saw no knife. fltol or any weapon about the dying man. Chief Ohrlotenl-ury testified that the deed man did havo a knife, ut It was In a pucket of the pants worn under a pair of overalls T'r DEFENDANTS HT"KY. The State rested with these wlt-ret-" and the defendant was call-d to Uie stand and told the foil- in tory : "When I asked Sutton for the tub which I had loaned htm. he said it Was torn up 1 then told him that lie would have to pay me ::0 cents for It. He replied that he would pay nio With his owl-head, meaning his pistol, and then started towurd me. I i"t my pistol and shot out of the window Just to scare him. 1 litid told Imn tin morning before when I saw him with a pistol that the boss muii did not allow any of th-- hands to currv a gun and persuaded h!:n to kiv.- it to m About !U niliniKs t. fori- th" hooting lie came to the car .tnd mii-1 he wanted his pistol, lie K'H'H over town and was going to .1 thought he had his j.-stol hot him." On cross-ejaminalion the aid that the negro- s won him bemuse he had !.. ,-n -1 bedieme to the orders ,-r ij hoot :t. when I wltne-s mad at t in his e n'lil-- men over him. The I if en r-- ' mnA were all ar:U:,-t !, r. 'I li. hit- men. he eald. were on his mde Wh-n asked by Solicitor I'lurkm-n how he ..Miiniad for m number of articles of food which had come from th commissary s, he l anie , ..nt is.-d. he did on several other question asked by the solicitor st-rv wa not ouch as would appeal su.-i.nl ti the Jury's sense of straightrarward neas and truth. He tried to be eaMe ID hlg answers to the pertinent goes tions of the State's attorney snd as seemingly In a condition of constant i easiness TO JURT THIS MOHMN'i. The case consumed the entire nil -r-. noon of the court and will he gieo to the Jury this morning as s-n 'Solicitor Clarkson concludes his al dress. Mr. Jake Newell. ounsel for the defendant, spok. yesterday after noon In a dear-out. incisive mann-r In hehalf of his client. Dunham Is a Mg negro He weighs about 10 pounds and incisures r six feet In heighth. The evioV-nce suo imltted to the court whs to the efr- -t jthat the man he killed was iikk li mailer In statue. The lour men who testified against him did n--t give him an unusually bad character one wore that without provocation D-in-ham, on one occasion, hh-l aided ; him with hot coffee, but that he ho.--ins malice against him for this con duct The defendant's attorney was nahle to prove that the Stales wlt- nesses had been moved by spite or malice to testify axftlnst Dunham On the other hand, they all prof-ased to jb as friendy toward him as towsrd the dead man. BIGG EHS IMPROVES SIjOWIT. Slayer of Mr J. Green Hood Make ' Utile progress Toward Uncovering Mental Control. The reports from the county Jail text night concerning the condition , 4 Will B Blggera, who Is being hell for killing Mr. S. Green Hood Tues day morning, were not decidedly . en ' caul-aging. While the prisoner has """hewn slight signs of recovering mental equipoise since he was plac ed ta JalL he remains etlll In a right '' serious and perplexing condition. ' '' ' Flashes of actuality came to him yesterday as on the preceding day, bot he still exist in ao unreal and Imaginary world. He constantly is wondering where he is and why he v ;' la behind Iron bars knd those who have been communicating with itm . - are cautious to keep from him as far possible the exact truth of his situation. His wife 1 not yet al lowed to or him. being herself on the erge af a complete break-down. ' great the nervous atrsln poa her. ' It' is still believed that Blsgers wUl recover himself entirely la tha course of a few daya He U hot such a man as would loss his mind abac Jjiely even la the fsos of so great a ' tragedy, his JntUnata friends con tin us "to assert. - GOES OTEBTO XKXT WluJC. No Farther DellberaXiotta oa th Charter Cntii Monday Night The SevetopmenM of YaaMrdajr. Tha meeting of the aldermen call ed for to-mignt for the purpose of deliberating additionally upon the pro posed charier has been declared off by Mayer T. 8. Franklin, because of requests to such an effect from a number of tha members who could not be present. Mayor Franklin thought that after indulging the com mittee of 10 for a few days awaiting the return of Mr. E. T. Cansler, one of Its leading members, he ought also to grant a like favor to those aldermen who could not possibly be present to-night, this being Saturday. No apparent developments in the matter took place yesterday. It is now believed that the committee of 10 will be allowed to vote on the report as It at present stands, but It Is Improbable that the aldermen will concede to meet the committee on an equal footing in numbers. The board la divided on the question whether the mayor ought to bs elected by the people or the aldermen. It has been understood for several days that a majority of the members of the pres ent board favored the election of the chief executive by the people, as has been the rule heretofore. They argue that they only represent the wishes of the people In this maltler, which appear, taking the recent meet ing as a criterion, that they want to continue In exercise of this privilege. Quite a number of the present mem bers of -the board w4ll stand up to the committee of 19 and vote with them when the matter cornea to a final decision. The remainder of the deliberations will be put through with as much hurry ae can be commanded In the the Interest of time. It is expected that a week will be required In mak ing the draft of the charter after It has been determined upon and some time will be required In getting It through the Legislature, THE MKKCH ANTS' JTOlTKNAti SOLD Mr. Norman H. Jvluison Transfers Well-Hnown Trade Journal to New York Syndicate Immeiute Sum ln volred in Um Trade. The Merchants' Journal. of this city, a trade publication of note, of which Mr. Norman II. Johnson nan been publisher and editor eer since It was establish years ago, has been sold to The Root Newspaper Associa tion, of New York City, one of the greatest trade Journal corporations In the country. The tidy sum of J150, 00U was the figure named In the agree ment signed a few days ago connrmlng the transfer. The Root Newspaper Assm-lation is capitalized at H. 250, 090 and Issues the following-named pe riodicals. The Dry Ooods Economist, of New York; The Root and Khoe Re corder, of Boston; The Dry Goods Heporter, of Chicago: The Dry Ooods man. or St. Louis, and The Pacific Coast Merohant, of San Francisco, Cal. Mr. Charles O. Phillips, of New iork. Is head of the corporation. The deal looking to the purchase of The Merchants' Journal has been pending for several months. It was closed few days ago when Mr. Johnson went to bt. Louis and New York for the purpose. The transfer of The Merchants' Journal to this eyndlcate does not mean that It will be removed from Charlotte nor that Its fiold of useful ness mid activity will he abbreviated In an sense of the term. On the contrary Its territory will be enlarged for the various periodicals affiliated In this association will work togetner t., promote the efficiency and useful ness of one another. Mr. Johnson will vontinue as- editor In chief of The Merchants' Journal. It Is of In teret to m-ntloii that he was choson recently president of the Trade Pruss League" of America at a meeting in Philadelphia. DKATH OF MRS. JOHN KLLIOTT. Well-Know n and lielovexl Woman of the County siKi-umbs Afler a Mmrt Illness Funeral Service- To-Day. A large number of friends will he cnhietM -.1 l-y lh-' news of the death of Mrs .l.-hn Flli-'tt at her home near 1. 1. , i , hur- h yesterday morning. She wH preceded to the grave by her hi,1 :ml lis- a y-ar to the day. M-m I :'.! i. It was 61 years of age in J.e.-.ont.- i Prl-T t- her happy mar riage she a Miss Margaret Jane li .we. a daughter of the revered Dr. James Hoyce, of Due West. ft. C a minister of renown In the Asso-clate lleforined iTcst-v terlan Church of the iiouth Mrj Klliott Is survived by four sons as f-ll-ws Dr. James Hoyce Klliott, of F'-rt Mill. S. C, Mr. WMllls Klliott. of Cr ltlths Mr. Harvey Elliott, of CrlfTHhs, and Mr. Charles Elliott, who t a student h! Krsklne College, Due West. s. C. Mrs. Isahella J. Hell, of this city. Is a step-sister. The deceased had been 111 only a few d:i-s and the n of her death came ps a distinct shock to her numer ous friends and relatives In the county w ho hud not h n tlnpnted so early a summons Sh- a woman of rare Intellectuality, devnut. conscientious and devoted to her work In the home nnd In her . hurrh. She was beloved hy all for her klnrth and cheery dis position, her - lin- ' Irr helng of that stamp that easily Impresses Itself upon the mind of even those who enjoyed onlv a passing arnjislntsn'-e with tier. The funeral services were Arranged Just bs soon as It was ascertained that the son In c--!l--ge could reach home, and they will he held this nmrnlng st 11 o'clock, conducted hy Rev. Dr. O R White, pastor of the Fhenerer A R. P church. In which she communicant, assisted, by Rev. Dr. R. t Miller, of Sardls Will Frext Handsome Parish House. ! The fine blocks of brown stone j which formed the building material of the old Y. M. C. A. which 1 be Ing torn down by the American Trust Company, were purchased yesterday bv the vestrymen of St Peter's Epis copal church to be used In building a parish house. Such a building has been contemplated by this con gregation for several months. It will he located to the rear of the church and i!l f e orl Peventh street. It will be one of the handsomest In the entire city Mr. MrIulre Herei. Mr. Walter P. McOulre. a member of the editorial staff of The New York un. was in the city for a short while Thursday He Is In the South for the purpose of gathering material for a series of articles which he will write for his renowned paper. Mr. MoOuIre is an entirely agreeable fel low with the arTearanee "of a straight forward and highly Intellectual news paper man. Good Cough Medicine for Children. The season for coughs and eolds Is now st hand and toe much rare cannot be ua-4 to protect the children. A child Is nuoh more-likely to contract diphtheria or scarlet fever wbes he has a cold. The sulcksr you ours his cold ths Ism . ruk. Chamberlain's Cough Remedy Is the sole reliance of many mothers, and to of those who hsvs tried it are will, log to use any ether. Mrs. F. F Starcn- ef Ripley. W. Vm,. says. 1 bays never uei anything other than Chamberlain's Cough Remedy tor my ehlldresi aad It -baa always given gees satisfaction." This remedy eonlaias ne opium or ether ear cotlc and may be given ae conlldsntiaiy to MisTiuAii nr iiQTxm case, Jadse Ooandl Commends Officers For Vigilance as to seennns Mioenei on Blind Tigers. One of the-meat Interesting liquor cases tried daring the week In the criminal court was that which enaea yesterday afternoon wherein Rowan Howell was charged with Belling the spirits to XL E. Mercer, both white, the Jury falling to reach an agree ment. It la understood that about an equal division existed on the question of conviction or acquittal, the odds being slightly, perhaps, on the side of a conviction. Judge Council called the Jury from their deliberations about 4 o'clock after several hours had been pent In running over the evidence and trying to reach a verdict. He called each by name and put to them Individually the question as to whether they thought an agreement could ever be reached. All replying negatively, he stated that he would not punish them by asking further deliberation, and then ordered the clerk to record a mistrial. No particular point of law was In volved In the trial. It was only a ijuestlon of truth between the defend ant and the leading State's witness. Mercer said Howell sold him a bottle of whiskey, and Howell said he did not. The case wa commenced Thurs day afternoon, the evidence and the arguments being finished before noon yesterday when the case was turned over to the Jury. In the trial of the case, Mr. Plum mer Stewart, appearing for the- de fendant, made a breezy speech In at tack upon the officers In their meth odg of aiding the solicitor in the prosecution of the case. His Honor, Judge Council, in charging the Jury aa to the several phases of the case, made these remarks in regard to the duties of the officers of the law: "Interest or activity on the part of the officers of the law in apprehend ing prisoners, charged with violations of the law, is commendable, and It Is their duty to render the State such assistance as they can In procuring truthful evidence bearing upon any criminal charge and where this Is done in good faith to subserve truth and Justice, such conduct Is not the subject of proper criticism." MAD DOGS IN THE OOCMTV. PrevaletK-e- of Dogs Showing Strange hilgnsi Has Alarmed One Entire) KActloii of the County Cattle Killed linvuw of Developing the Dtweaeo After Meting Ritten by a Habtd Dog. The prevalence of hydroproblac ; dogs in the county Ib becoming alarm ing and It Is feared that the con- : tugion may come Into the city for ; a more rapid and fearful spread. Within the last six weeks quite a num ber of dogs In the county have fallen j Into fits with decided signs of hydro phobia and in moat Instances they I have been killed before they did much harm. Some, however, are still at large and reports of the spread of the , disease have put the country people on their guard. Sharon township is at present the j centre of the operations of the strange canines. Some weeks ago a small Indefinable cur belonging to Dr. John Walker manifested positive signs of hydrophobia and one night fought a half dozen or more of the neighbors' dogs. Fostering the hope that the bitten dos would not follow the signs of madnesa, a number was allowed to live until the disease had had suf ficient time to manifest Itself. A large majority of the dogs bitten on this night eventually developed the same trouble and they bit other dogs, but never attacked a human. Before the bunch could be slaughtered, the disease had spread to all parts of the township and even Into adjoining communities. Mr. Ray Lee, who lives near Sharon church, Is reported to have lost a herd of fine cattle which was bitten by a mad dog. Several negroes were at tacked last week by one showing strange signs and supposed to be a victim of hydrophobia. It Is hoped that the disease may he other than the dread madness, but up to the present the signs have been altogeth er against such an hope. Mr. W. C. Wilkinson, who attends the meeting of the executive com mittee of the North Carolina Bankers' Association In Raleigh next Tuesday, will carry with him an urgent Invita tion to hold the next convention In Charlotte, SELECTION of a piano Is very much like the choice of frlendn. The more care exercised In the selection, the more certain we are of lasting friendship; and the greater one'i refine ment and education, the more Judgment Is displayed In tha choice of friends. The selection and exclusive use of Stleff Pianos in many of the greatest educational In stitutions in the United States 1s a source of gratification to us, and we feel Justly proud of the fact that In abnyt two hundred colleges we have more than one thousand Stleff ptanna. There must bo W reamn. INVESTIGATE! CHASJ.SM Manufacturer of The Artistlo Stleff. Shaw and Stleff SeS-rUyet Plana. Southern Wareroom: 5 West Trade St CHAB1X)TTE If. O. . 0. H. WIL1I0TH, Mgr. the RecesT SesUenoa, 5 The bunch of colored ports caught In a gmm puedajr afterneos by Offi cers Pitts and MoateUer, -were Jound guilty In criminal court yesterday and Dick Tbrrence, Henry Maok, Dock Nelson, Jack bee, and Oeorge Ivey were each lined til or crren three months on the roada John Jetar,. at whose house on Cherry Bow the ag gregation was espied, who wag not ra the game, hut sat by and permitted the lawlessness In his house, was given a eholoe between paying $iTor going to work ft oat for a spaca of four m on tha Washington's Birthday. To the Editor ef The Obserrart It Is generally understood that the graded schools of the clt? will not give holiday on Washington's Birth day. If this Is true, how can we ex peot the youth of the land to reverence Th Father of His Coun try?" It seems that February tid should always be a gala day In America. Will the proper authorities Investigate this matter T PATRON OF THE SCHOOLS. Tho Wont In Store, Houston Post ' " The Charlotte Observer must not misunderstand our giving Charleston the go-by. Our visit Is only delayed and the vengeance we. shall ultimately wreak upon the town is going to be more terrible on that account "GET IT AT HAWIiEY'S" Sunday Cigars If you haye forgot ten them when you get home phone us and we will send your favorite brand by our quick messenger. Hawley's Pharmacy TRTON AND FIFTH 8T. 'P ho nee is and 0. Academy Advance Sale. JUST RECEIVED Carload Choice Heart Cypress Shingles Extra fine quality. B. R WITHERS Distributor Builders' Supplies Charlotte, N. 0. awmBnmi4BfeOTrowaUa'aif TO-DAY BUY VALENTINES The choicest valen tines are books. Among these are: Songs Merry and Sad, limp leather. . .$1.50 Love's Young Dream $1.25 Book of Sweethearts $2.50 Coram Jhrough the Rye $1.25 Our Girls $3.00 Christy Girl $1.25 "Lady of. the Fog" (a charming story, at tractively illustrated) $2.00 Valentines, Dainty Water Colors, Post Cards; . We have just the thing-you -VTant to send HER, or likewise HTM. Stcne & Barringcr Co. r Booksellers and Stat m SXBMDmS UV.'!! WAISTS CAN BE OEAtiED ta our clsanlng department ta 'a faultless manner. Wo clean thee waists with out fading or shrinking thorn. Ws press them nicely Into shape and make thorn look a hundred per oent hotter than If you had attempted to wash and Iron thorn. Just for your own aattsf actio end us such a waist and lot us show you how really ex cellent this oervioo la. You'll bo agreeably surprised we know when tho waist comes homo to you. Charlstte Steam Laundry Lamnderera, Dyers, Cleaners, 211 South Try on St. BEST SUGAR --. - ..i 25 lbs. . ... . . . .11.25 20 lbs . tl.00 10 lbs , 60c. Ceylons, English Breakfast, Oolong Oun Powder, Y. Hyson-Japan Teas, separate or mixed, SO to tfte. Fresh ly Roasted Coffees, 12 to Sto. Our 26c. "Special" Is a money-saver for you. Rest Rice, Sc.; good Rice, 7 l-2c; cracked Rico, ta Free Souvenir on Saturday a valentine Saturday, the 11th. Cooos, 20a; Chocolate, llo. C D. KENNY COMPANY iiDoYoo Need a Watch j t We have the most complete i nne or waicnes ro do iouna in i the State. Anything from tl.00 Ingersoll to the 23 Jewel How- - ard, Walt ham and Elgin. Every. Watch wo sell guaranteed to give entire satisfaction. Gold, T Oold Filled, Nlckle and Oun i Metal cases. I GARIBALDI, S DIXON 1 reading Jewelers. i THE PROTECTOGRAPII Protect your checks from being raised. The maker of checks is bound to use re cognized safeguards in pro tecting bis checks against alterations. Checks stamped with the "Prototectograph!' cannot be raised. Ask for booklet. Pound & Moore Co. The Office Outfitters. 205-207 S. Try on St. Phono 40. Something special on for to-night! Perhaps, you need something in the line of furnishings to make the evening thoroughly en joyable for you. What's needed! 'A shirtl. A.tiet Hosiery! Underwear! - Whatever it is, youH find it here. Tte.Tate-BroYi3.Co. A CAR: LOAD hi our magmxins. If hi a hurry you. can tot PBOltTT BHTf MENT by giving as your ardor by mall, telephone of telegraph. Weddington Hardware Company, Inc. IS Bast Black's Transfer I Company We(are well equipped to handle the Baggage- Business. omce in t v Southern Passenger De pot open day and night. JPhqnes 105 or 1919. We also give prompt at fcntion to all kinds of Hauling. oo4o-so o ED. MELLOW CO. Remember Mellon 's Clothes Fit. Horses and Mules Received 50 Horses and Mules to-day and SO more will he In Friday or Saturday. By Monday, February 16th, we will have 160 good young Horses and Mules In our sales stables. Come before they are picked over. We sell on reasonable terms. With each dollar purchase (time or cash) you get a ticket that entitles you to a chance on a 1116.00 Buggy and a $70.00 Wagon. J. W. WADSWORTH'S SONS CO, HORSES, MTLES, VEHISIiES AND HORSES." LINOLEUM FOR YOUR KITCHEN 00000" PARKER-GARDNER , CO. OF 'DYiliilE Trade St. L Nye Hutchisca & Sea INSURANCE FIRE, i LIFE, ACCIDENT OFFICE No. Bust BaOdlaa. Boil YfeoM 4MJL ECONOMY DOES NOT MEAN CHEAP BUYING No, Sir! It means getting the very best quality forx the n oney you feel you can afford to pay out. Our clothes are not cheap clothes, but they are economical clothes. They Fit You They Wear You They Give You Style. You'll find in them more dollni-for-dollar value than you dreamed could be put into clothes. - See our splendid line of Top Coats for the milder winter and spring days. All prices. It beats bard -wood floors. Is mora aasily cleaned. Wears tike cement and always comfortable. r Floor Oil Cloth. 40c. sq. yd. Printed Linoleum 860. sq. yd. Printed linoleum....... 75c. aft. yd; Plain Brown Linoleum. .$1.00 sq. l&f Inlaid Linoleum fla 04. yd. tnUld Linoleum. ..... . $1.50 sq. yd. '-. pork Carpet..... ...... $1J4 sq. r& " Crex Carpet........... ..BOa sq. yd. - Coco Matting , . , Ttc sq. I. New spring styles' In Mattings, Carpets and Rugs of an grades. 'We show sow and exclusive stylos not soon or showm : elsewhere. . . . - - ... - - - Ths prices ws always guarantee. -4 i- ----V
The Charlotte Observer (Charlotte, N.C.)
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Feb. 13, 1909, edition 1
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