Newspapers / The Charlotte Observer (Charlotte, … / June 30, 1909, edition 1 / Page 6
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4.. r- V. 1 IAT SHOULD E REVISED aftermath; op .bickers case. . ...... , ... t s -j Sanaa Reflectlona Anent th0 Verdict In tb .Bigger Trial The JTctt York Law Reliting-t Insanity a ! fense" ffvjr Ortrac Wbece AU the , Varjta" Phase of Hunan Natnre Cb Best B Studied htxprxt Mt4X t al Testimony and the Hypothetical Question -The . Kcrlous Aspect of . s tte Blggert , Verdict :llr N thu any ether on thins the outcome ot the Blggera case haa , directed attention to the need of re vising anA.araendtrig ths hwi of the State particularly aa regards homl dd a, That the good sense ot the - community was shocked goes without saying not so much for the sake of . the individual but the State, the com munity, the public Veal, the majesty ' of the law. the future and nothing is Vnow being .discussed but the remedy. 5 A well-known lawyer, after hearing the suggestion offered by Solicitor Heriot Clarkson that the Legislature paaa an act empowering the Judges - trying murder cases wherein the ac cused escaped by proving insanity to commit such person or persons to the asylum for . a period from 2 to 30 , years, declared that such an act would be unconstitutional. He recommend ed Instead the New York law cover ing such cases. In the Empire State the law holds a man insane once he haa established it In court until he himself piovea that he Is ssne again. . and empowers the presiding Judge at ; the trial wherein the insanity plea was set up and established to send him to the asylum for the criminal , insane until such time that he proves that be is sane again.' Thl puts the 'burden i of proof upon the man that committed the crime and escaped by reason of mental irresponsibility, and .has worked splendidly. In North Carolina the law is such that if a man commits murder, and then escapes by reason of the plea of astute legal counsel who claimed that ha was mentally unbalanced when the deed was committed, he goes free ancr nothing can be done about it. Ad mitting that he suffered a lapse there is nothing to Justify the belief that he will not repeat the performance with dire consequences and Just here the law should interpose. The pub lic weal is supreme and should be considered first The New York con struction of insanity Is certainly plausible and indeed proper. Of all times and places, a hotly contested murder trial offers the best opportunity for the study of the many complex phases of haman character. This was particularly true in the Big ger case last week. The issues were clearly drawn, able counesl contested every step and every point, more than 100 witnesses, including a num ber of medical experts, testified, great mrongsattenaea tne Hearings aaiiy, so much so that the trial was one of the most Interesting and important ever held In the county. Counsel for the defense availed itself of every ad vantage the Jaw afforded and man aged its case with consummate skill. No other outcome could hardly have resulted but the one given. Aware of the primordial instinct implanted in every breast averse to punishing a man who, under the stress of great provocation, sufficient perhaps to cause temporary irresponsibility, kills his enemy who has maltreated him, and confident that they had nothing more to do to clear their client than to establish a basis plausible enough to permit of the Jury seizing upon it ss an excuse for acquittal, secured witnesses and medical experts to swear to the peculiar mental condi tion of the accused Just prior to and immediately following the homicide. This is Just what happened in this case, counsel for the defense having little difficulty by reason of other clr- cumstances and the generally ensav ) ory reputation of the deceased. In successfully establishing this basis of belief. Much TJlterest In the case centred about the testimony of the so-called experts who were called upon to give their opinions from the array of facts submitted as to the mental condition of the accused when the act was com mitted. None of the experts, when testifying as expertsrwltneesed to the facts attending the homicide; they all gave opinions. In testifying to a fact a witness swears to something he has seen or has heard, or the existence of which can be proved by the senses. . -An expert witness offers an opinion upon a given state of facts. He Is never expected to draw Inferences or conclusions of fact from the evidence nor should he be allowed to listen to the evidence of witnesses who testify as to iacte ana to draw his Inferences from so much of it as he can recall, because he may not be able to recall all the facta testified to or his con structlon of them may differ widely from the construction which should be . put to them. Hence the hypothetical question, o& wnicn so many confused Ideas ob tained while the hearing was in pro gress, some characterizing It a sense leas method of obtaining the opinion of an expert. The hypothetical question is noth ing more than a recital of a certain array of facts, testified to by witnesses - ana assumed to be true, upon which the expert Is asked to give an opln .lon. To frame a hypothetical ques tion is a very difficult and very com plex task and should be achieved with due deliberation and due time should b accorded the witness to prepare ,.ananswer. If the questioner exag gerates the facts or Incorrectly states ,-hem, the opinion of the witness is necessarily erroneous and the court Instructs the Jury to disregard the ' opinion on the ground that it Is valueless unless the question fairly etates and Is fairly sustained bv all , the evidence In the case. Hypothet- leaf question sre eminently desir able, in fact where experts are called la, : they provide the only method whereby an unprejudiced opinion can fca had. ...; A TO KS'lEKIAXX VETEBAH8. ; V. Committees Appointed to Take la Charge Remnioa of Confederate Vet- , erase of tbe State u Ttiie ctty - Auguat &9 and St. T By way of preparation for the n tertalnment of the 2,000 Confederate veterans expected here August 26 and it. the following committers have been appointed by the central cosnmtttee appointed by the Mecklenburg Camp Confederate Veterans. This committee is composed of Messrs. J. H. Van Ness, chairman; Z. T. Smith and J. P. Moteller. The members of the following com mittees were picked from the Con federate Veteran Sons of Veterans and the Greater Charlotte Club:. Executive committee composed of the chairmen of all the other com mittee CoL A. L. Smith, chairman; C B. Bryant, W. 8. Orr, W. S. Bhelor, Osmond L. Barringer, J. H. Van Ncos, J. P. 8oseaman. Finance committee C. B. Bryant, chairman; Heriot Clarkson, A. M. Mc Donald, C. 8. Stone, J. O. Walker, J. VV. Haas. John H. Van Xess, Dr. C. A. Bland. W. H. C. Barkley, Col. R. E. Maaon. Maj. A. Q. Brenizer, Capt. R. E. Cochrane, H. D. Duckworth, J. G Freeland, George W. Bryan, P. P. Zimmerman. W. R. Burwell. F. D. Alexander, 8. H. Hilton, J. P. Sosea man. Alfred W. Brown. Quartermaster's department W. 8. Orr, chairman; Joe Garibaldi, T. P. Ross, Henry Severs, J. M. 81ms, Shakespeare Harris, J. W. Lewis. Decorating committee W. S- She lor, chairman; Capt. TV. B. Taylor, P. 8. McLaughlin. Parade committee Osmond L Barringer, chairman; Capt. HJj$. Alex ander. W. M Smith. T. T. 8mlth. Music compilttee J. H. Van .Ness, Jr., chairman; Dr. George w. Gra ham, O. M. Sadler. Programme committee To be com posed ofth central committee with J. H. Van Ness, Sr., chairman, and the executive commltte of which Col A. L. mith is chairman. Reception committee J. P. gossa- man, chairman; Maj. A. G. Brenlzer CapL R. E. Cochrane, Judge A. Bur- well, W. R, Burwell, P. P. Zimmerman A. J. Bell, M. L. Davis, tRev. E. A. Osborne, Capt. T. T Smith, O M. Sad ler. W. M. Smith. H. D. Duckworth, Henry Severs, W. B. Taylor, "P. 8. McLaughlin S. H. Hilton, J. G. Free- land, Dr. F. O. Hawley, Dr. George TV. Graham, T. B. Sykes, Capt. S. B. Alexander. Capt. J. M. Davis, C. H Wolfs. J. TV". Lewis. Capt. J. H. Mc Cllntock. George TV. Bryan, J. M. Sims, Shakespeare Harris, J. B. McGin nls, J. O. Alexander, W. W. Rankin R. G. Graham, J. B. Williamson, R. B Alexander, R. B. Hunter. To Include also every member of the Mecklenburg Camp Confederate Veterans. Gen. H. A. London has written to Mr. J. H. Van Ness, Sr., chairman of the central committee, that he has secured from the railroads a one-cent rate for the veterans who desire to come to Charlotte August 25-2J to attend the reunion. He also advises that there will be in Charlotte at that time at least two thousand veterana TO ALTA PASS AND SPRCCE PINE. The most serious phase of the Blg Tr verdict is the effect it will have .cjyon the administration of law in the eminty. "If a man like Tom. Dick and-JHarry with a few thousand dol . lar a kill his enemy and escape the penalty by the Insanity plea, then .1 might a, well do the same" some ; may say. All will have a diminish ing regard for the law for the reason that It allowed oqe of iu subjects to be killed in open Oayligbt and in the , heart Of the city, by another and did nothing 'to punsh they offender, as serting by the verdict returned that he did not merit punishment The civic structure is dependent upon the respect of Ha cltiaena for the Jaw and hence the vital aspect of the present Delightful Picnic Excursion to Be Operated Over New C, C. O. Road Wednesday of Next Week Great Day planned. Much interest is being shown In the picnic mountain excursion to Alta Pass and Spruce Pine, over the new Carolina, Clinchfleld & Ohio road. Never before has a one da's outing been arranged whereby groups of families can enjoy a mountain picnic dinner on the banks of a genuine mountain stream, the Toe river. The committee In charge of seats and tickets have them so arranged that is is possible for families and groups of families to get seats together, an ex ceedingly desirable and pleasant fea ture and absolutely new and original plan. Groups and parties of friends are already taking advantage of these pleasant arrangements not only In Charlotte, but several of the nearby towns and are securing reservations. These reservations can be secured at Woodall & Sheppard's up to July 6th, at 8 p. m. The train will be operated on a fast schedule, not stopping after passing Lincolnton excepting Shettiy, when quite a party from South Carolina will be taken on. This train will leave Charlotte July 7, 7: SO a. m., the Seaboard Air Line, arriving at Alta Pass 18:16, and Spruce Pine 12:30. "Returning will leave Spruce Pine at 6 p. m. and ar rive at Chalotte 11 p. n. AIAR1UED BUT A WEEK. MITCDm -THEN SUICIDES JEALOtrS NTDGRO SLAXM WOMAN. . ' -f,.- '' -'- J Pink f Banter, s) Colored Man Urine i on the Farm ef Mr. WJL Long, Five 3tile Southwest C Charlotte, Shoots and Kills -Etta Faulks With k Shotgna and Then Turns the Weapon on Himself With ratal EHect Tops of Both Heads Blown Off Haa leaves Koto (stat ing That His Paramour Bad Been Enjoying the Company of Other Men, to Whlcr He Objected. Agitated by an overmastering storm of jealousy. Pink Hunter, a ne gro married man, blew off the top of the head of Etta Faulkner, colored. at her home -five miles southwest of Charlotte yesterday morning about o'clock and followed this action ny similarly killing himself. The two lived on the place o' My. W. M. Long. The clue to the reason for the deeds of violence 's turnlshed toy a scrawl ing note found reside the body of the man. - In it he declared his wrath at the intimate relation sustained by the woman (on whose affections he had no legal claim), with other men of tbe community and his determination to blot out her life and his. Hunter and his family lived just across the road from the home of the woman named Faulkner. The note was placed between the leaves of a book so that it could not easily escape attention. The country-side, instantly excited by the thunderous detonations of the firearms, sent large delegations of its Inhabitants ft the scene. The county coroner was telephoned that arrange ments might be begun at once for the holding of the usual Investigation. Both the man and the woman were killed Instantly and the circumstances left no room whatever for doubt as to how the affair happened. Premeditation seems clear and In taking his own life the murderer merely anticipated the action of the law, which would have followed, un less he conld establish a distinctly abnormal mental condition. He could hardly have done this, since the physiological probably predomi nated In the clash of the varying senses which went to make up his state of consciousness Immediately preceding the deed. The fact that the killing was wholly without pro vocation, no matter from what stand point viewed, and the additional facts that he armed himself with the shot- gun and sought out the object of his wrath and left a note to explain his reasons for the deed wbuld combine to make out a strong case of murder in the first degree. Hunter used a single-barrel hreech- loadlng gun. The homicide and sui cide occurred about 9 o'clock. When a negro boy nearby who heard the shots rushed into the room the two 11 I'. Senutktnrf Good front Loaislana . ' ."'; luzIGwe'goffee. , frjssh, Strong filagrant ? ' satisfying, ) ' Two ' Million Cups Drank Dally ; - - ' ' ' . .-.- ' SnU vorywkoro. ' - 23, eta. 1 b. THE REItTCTI-OCO. NEW OF?LEANS,aS.A. Mgvm bodies were lying on the floor In pools of blood. Both the man and woman had been living In that sec tion for some time without serious trouble before, the former being con sidered an ordinarily peaceable cltl- sen. Coroner Gresham and his Jury held an investigation, coming to the con elusion that. both were. dead, the woman coming; to her death as the re suit or a gunshot wound Inflicted by the man and that the latter had kill ed himself. The man's body was ly ing on tne floor with the shotgun be tween his legs. Ths load entered his head between hla eyes and the en tire top of the head was detached. The bodies will be burled to-day. fV- . ....... ...... i ' inmiuig iyr coiorea teaenv ers opened yesterday at Biddle Unf- verslty with about twenty in attend ance. The teachers are notified that, unless Drovirientlallv ritatnt at tendance ! a prerequisite to obtain ing a license to teach. The Keeley Institute. Greensboro. N. ' C. issues a beautiful booklet of views of Greensboro as well as of the Institute and grounds. Write for a copy which will be mailed free. Daughter of A brum North, Janitor of Trinity Methodt. Church, and a Bride of a Week, Commits Suicide in Denver, Col. Nothing has occurred In colored circles in Charlotte In a long time which aroused so much speculation and comment as the telegram receiv ed yesterday from Denver. Col., con veying the intelligence of trie death by suicide of the wife of Rev. Thomas Hazel, formerly Luvenla North, daughter of Abram North, janitor of Trinity Methodist church, and the Law building, and one of the best known and most highly respected col ored cltlxens of the city. No par ticulars were given In . the message and hence speculation Is rife, as the girl had been married but a week. her husband being a highly reputable and popular colored Presbyterian minister who is said to have a large church In Denver. The marriage last Monday week was an event in colored circles, the couple leaving immediate ly for their home In Colorado. They reached there Thursday and the news of the suicide was received yesterday. There is ho clue to the mystery and until a letter is received no one will know how It all happened. The body will be brought to Charlotte for Interment Do You Know What Constitutes A Fine r Piano? Unless you are sure you thoroughly understand piano mechanism, tone quality, ac tion, etc., you had better place yourself in our hands and get the best. Not for the profit on 600 pianos would we sell an Inferior instrument. WRITE TO-DAY. "GET IT AT HAWLEY 8." SODA The pure food laws never bothered us our soda flavors were always pure. Cold, snappy' soda drinks are produced from a modem sanitary ap paratus, expertly and most appetlzingly. Some plain. Ice cream, the fancy concoctions the drink you like best. ATTENTIVE EXPERTS. Hawley's Pharmacy TllYO.V AND FIFTH STS. Thones 13 and 260. To Give Children and parents aa Oat- Letters were sent out yesterdajrtiy Capt and Mrs. W. T. Brown, . In charge of the local post, of the Salva tion Army, asking for contributions to help give 2S9 poor children of the' city and their parents ' an outing In one of the parks July 27. A car ride will bo among ths pleasures provided. AU checks should be made payable to the Salvation Atony. - Hk-HANUTAOTTOEES TAKE KOTICE - v' -.V . 4 f. jt.':.j v , K ..is...... . .. ..... - - .. v ;a Vs keep the best stock' of , Carriage and Mac' 'r 4 jsoiis.inat is jtepi Bouuio7-;jtucnmona.- vYe -tx the best stock ofCut Washers,1 Square and Hex4 "Nuts, Qindy BeltinaffBelt Lacing Babbit W poiacr ana jmes-ui me vuv-ra :very larize T or vv rencnes or au jonas you nave to use, goods, why not order1 them from us: : : - - WiPfi At n drnn Ha rA wa rv OA m t,4? f 4 We Clean White Vests. . White and light colored or fancy vesta should be sent ..to us to be dry cleaned, when soiled. ' Our process thoroughly clean;, and freshens up the vest, without altering its per fect shape by shrinking or fulling, and without danger of fading delicate colors. We .press yamr vests per fectly. The most skilled tailor could not better the work, when we box. It, to return to you. Our charge is entirely rea sonable and the service prompt. Try us. Charlolte Steam laundry Launderers, Dyers, Cleaners, 21 South Tryon St. Black's Transfer r Company We are .well equipped to handle the Baggage Business. .Office in Southern Passenger De pot open day and night. Thones 105 or 1919. We alaogive prompt at tention to all kinds of Hauling. t Nye Hatchisoa ri Ca ri I Hie! lb li m sir V FIRE, LIFE, ' ACCIDENT it SOKPICB Hm. Bojii BaUdiaa, "f . , ... s: Just Right :' m . . BBF HE you :"rmlttt1i UK!! ! LET US SHOW YOU Our new Ine of Black Bead Lorgnette Chains and Neck laces; also pretty Line 'f Gold Beads: chains with Lockets and Lavallers, very pupulLr for summer wear. GARIBALDI, &D1X0N Leading Jewelers. situation.. An Inherited Handicap. After the recorder had sentenced Preston Campbell, colored, to four months on the roads- for non-support, he reconsidered and suspended Judg ment, provided the defendant would provide for his wife In the future. This seemed a more practical way of getting the desired result, since the county does not pay the convicts high enough salaries to make alimony pos sible. "Dey is both to blame," said the mother of the wife. "Bey's so high tempered!" 'I "Prom whom does she get her temper t" was asked. "Fum me, I guess,' said"' the mother. . fi Hftfatff (MS. M. STUFF i Manufacturer of the ft tie IT and Shaw, tbe Pianos with the sweet, tone. Southern Wareroom S West Trade St., CHARLOTTE, N. C. C. H. WTLMOTO, Manager. (Mention this paper). Admitted h Assaulted 'jtter.:' If Tom Crawford., colored had not fntered a plea of jroUty to the charge ct a.-faulung his wife, he could not luve been made to pay the costs, for wife said he. merely. mad like" ws going to hit her, when she ' . ned. Th!a course was intensely !ne. She said her husband Was it of work and not able, to provide ':s''- for h'r. henre the d!fleulrv Colored Teachers' Institute . TavDay. The Institute for the colored pub lic school teachers of Mecklenburg will begin this morning. It will ton beta at Biddle Unlvers - . v . 1 ' . A l voun nvuse as The lectures proper through Wednesday Theee will bsfoilvs of exaLmlnations'.rve cassare of whicnte granted or . reneW JOHN S. BLAKE DRCG CO. The) Drug Shop on the Square la the Place Bfcft s liniment Tor Rheumatism jSpralos and Bruises. . J n r. . . I f al ' wi:a 1 '.If rX IPS J i "" rrios? -.J-r.-J Jl IV. ittenaea by V 9 ,n -S-'L . d of the Sute . 1 A : k , . tnseives in nosi sn jii i n n i iw'i... Allil follpwed by fllScussiona " 1 " I - .tatliT a ."VS I We Sell j 8 Eastman I I Kodaks land 1 Supplies I Lightweight. It's no amall trick to make lightweight garments keep their "balance." Tou don't care how we do It that's part of our busi ness. The fact that we do it. Is what carries "weight" with knowing buyers. AH kinds of strain and wear can't affect our featherweight construction. That shows the quality Is there. "Light" on this. TYVO-PIECK SERGKS $21.00. THESE NEW TWO-PIECE SUITS WE SHOWING ABE A:, ffjin l' IIM ill j r5-S i af .M vVerv R . all it- i If you will take time to look at the Summer Weights in the stylish clothes we have now, you will see in a minute that there's no use being so uncomfortable these hot days. We have them in light weight fabric conceivable pattern, and at all prices. WE HAVE THEM F&OlT $10.00 UP They are stylish, they fit A-.: well, and they wear well. fct Take time for sr" try-on and you'll see. We areTJ- showing, too, the swellestA, line of Odd Trousers iff i:ti j -it -'jA ligin j;igui, ana an pat- n terns. MELLON COMPm Remember Mellon 's Clothes Fit. MS-a.j.j.uninitTO targi Bottless! Xrticlety e gs to-night an! The dentists Many interest will Repre- iw supply honses are ALSO, Rent Kodaks" take Orders foe- Devel oping and Printing; Stone & Barringer Co. an? Stationers, blgV7vs Vloa flncevO j. - axnaacucia u hi umn hla G. B. CABA.MSS, Mgr. Man of the Hoi h' 'tly- ' J ..as aepl and have exhibitions of goods. the.Tille jf A Tennis togst Of course jwe carry them. Outing Shirts $1.50 Outing Trousers $6.00 to $8.00 - ' Caps $1.00 to $2100 JSox 25c tb $2.00.:-. Light weight, nnder- :y wear 50c to $1 .50. - This is the place to tret what's " wanted in." Ithis line. M -J -1.) .... w j. " ' -TA U m SiVVUUU KitcKmruK MoOooailtutMBWe-iewiBr To do your work well you 'must hare :the - 'best equipment for vour work -m-to-dati . nffirps." th best tools, or what is needed in ybiii line" of work. The McDoueald Kitchen' Cabinet is in the Housewife what the Roll toD desk is to the Business r . . ..! ..... -juan. - - .. .r- - " i 1 At . ' : f t . t if Lyear. Is your wife provided with" such a cabiriett ft Why don't you see that she has one at once!; ' iney will more than save their. cost in J one t X i i. Our Club . Plan makes it easj'.to secure a Mc Dougold Kitchen Cabinet.' r - ' . - '.' T 12.1 im . - . ' :..,'. -'..-", -;' -!' xuvesugare 4. ii is at once.' . .r - i' i j"a.'. ST i i i. 1 1 r ticn ; , - ..
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 30, 1909, edition 1
6
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