Newspapers / The Asheville Times (Asheville, … / Oct. 25, 1909, edition 1 / Page 1
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Ezette We TH3 IZZ0C1AJZD PETC3 -, DE5PATCHT3 LAST EDITIQN. ; 4:00 P. M. Weather forecast : Fair and warmer. ; ASHEVILLE, N. C, MONDAY AFTERNOON, OCTOBER 25, 1909. So PER COPY THE C ENSUS GI VES, . IN A REPORT ISSUED TODAY, b ZTTON GINNED THE DEATH DF i PRESIDENT TAFT IT! ST. LOUIS TODAY EVIDENCE TAKEN III THE FAIN CASE JURY IS SELECTED , IN THE SUPERIOR COURT TODAY, IN W ATKINS CASE JUSTIC Report Shows 5,525,591 i Ginned up to October 18 Justifies Increased Price. DEPARTMENT COUNTS ROUND AS HALF BALES These Reports, Always Awaited With Interest by the Trade, Give Figures for Former Years. H New York, Oct. 25. There J. wes great excitement In the - cotton exchange market. prices making new high rec ords, owing to big gains In Liverpool, the bullish crop estimate by a prominent En glish expert, the scare of shorts, and general buying. December cotton sold at 14.11 and May at 14.25, about fif teen to twenty points higher than Saturday. There was enormous realizing, particu lar . as the .census report showed rather more cotton ginned to October 18 thnn recent private figures, anil prices lost several points of the gain. J. . Business continued very m active during the middle of 4. the day, with Southern bulls 4 as aggressive buyers, on the 4 report of further damage to the crop from frost over Sun day night Early reactions were received late. In the fore noon, while bull leaders were predicting a further advance, meeting with little opposition aside from continued realiz ing. 4 4 JU 4 ........ ...?. ----mT.,T..1.iT ri Washington. Oct., 25, The census bureau today Issued a report show ing that B, 525,091 bales, coountlng round as half bates, had been ginned from the growth of 1909, to October 18th, aa compared with 6,296,166 for This, Is a measure, bears out the prophecy made Saturday, by specula tors, of a short crop, and seems to warrant the Increased price for the staple, which Saturday went to 14 cents. Comparative Figures. The reports show the following com- parlsons of cotton ginned up to Oc tober 18, 1909, with that or same pe riod of 1908: State. 1909. 1908. Alabama 513.645 694,104 Arkansas 327.645 347,468 Florida 34.903 34,02V Georgia 1,112,700 1,119,228 Louisiana 114,073 27,992 Mississippi 393,414 621.399 North Carolina .. 252.245 276,22? Oklahoma 329,705 132,656 South Carolina .. . 622,5 0 660,678 Tennessee 110,190 131.073 Texas 1.672,812 2.047.79J All other states.. 19.799 23.683 In this report 87,864 round bales wero Included, as compared with 118, 720 for 1908. The number of Sea Island bales included was 36,330, as compared with 32,013 for 1908. The bureau announced that Individ ual returns of glnners had allowed re port of cotton ginned to September 25, so that the corrected number of bales ginned to that date was 2,568,150. HE DID HOT SHUT The One Time Manager of Atlanta Ball Team Says He Did not Say Things Attributed to Him. Utile Rock, Ark., Oct. 26. W. A, Smith, the former Atlanta manager, In n letter to President Kavanaugh, of tho Southern league, repudiates the report, published in Cincinnati,' credit Ing him with explaining his dismissal, after winning two pennants for A lanta, "Because' he ' would not draw fine finishes for big rale reoelpta.' Smith hat been cited to appear be fore the Southern directors Novem bor S, to answer the complaint filed by Atlanta club officials, . BODY OF MARYLAND MAN ,' " IS FOUND BY A NEGRO Laurel, Md., Oct 25. A gruesome find was made by a negro near here when he came upon the body of Charles A. Fox, Jr., formerly postmaa tre at Beltsvllle. Md. Fox disappear d last June, when he wandered from his Home while delirious with fever, It la thought he succumbed to the disease, there being no suspicion of SMITH SAYS murder or suicide. EY OF STATE FROMTHECAPITAL Complete Satisfaction Is Felt by all Those Concerned With the State Fair Held Last Week. The Gazette-News Bureau, Chamber of Commerce Rooms, Ilollemon Building, Raleigh, Oct 25. There never was as great satisfac tion with a fnlr here as with the one held last Week. It was a success In every way, and this success means a great deal for Raleigh and for the state. In oil probability, at the first meeting of the executive committee, the question of erecting new buildings and of utilizing all the space within the grounds will be taken up. The Btate poultry farm occupies 14 acres of the grounds, having done this many years; first when it was the ex periment farm of the A. ft M. college, under the auspices of the state de partment of agriculture. It Is found that there is much unused space in the grounds, which only needs Im provement to make It all available. A large area is required for the teams of the country visitors, who come to the fair by thousands now. The ve hicles and stock from the country tell the story of prosperity as plainly as do the people themselves, for this is the farmers' year. The "Colored Fair." This week the thirty-first annual colored fair will be held, and the ex ecutive committee has made an ad dress to the negroes of the state urg ing them to Join In the effort to dig nify labor and elevate the laborer. The address says the white people of the state hus been always generous with their sympathy and their money. This year orators will be Ashley Home of Clayton and Secretary Jo seph E. Pogue of the North Carolina Agriculture society. Among tne ne noes there has been farmed state farmes' co-operative and educational union, and this Is to hold Its first an nual session at ihe fair grounds next Thursday.' H. R. Goodson Is Its chair man arid John P. Arrlngton its sec retary. The A. M. College. During the post few days work has gone forward much, more rapidly on the new dormitory at the A. & M. col lege. The authorities are very anx lous to get this done, so as to relieve the over-crowding of the other dormi tories. It Is to hold 164 cadets. Next year another dormitory will have to be built. The fact that over 100 ap plicants have been turned away for this term shows how great la the need for more room. Chief Marshall Hector McGeachyof Fayettevllle, who looked after his duty so well during the state fair, and who led the grand ball at the Capital club, was presented with a watch by the assistant marshals, some 40 of whom were present- 15. SHORT TO BE Woman Shot by Her Husband in Wash ington Is Slowly Improving His Body Unclaimed. Washington. Oct. 25. Slowly recov ering from wounds inflicted yesterday by her husband, whose body still lies unclaimed at a district morgue, Mrs. Kvelyn Louise Short will be operated upon today for the removal or two bullets, which lodged In her dock. At the hospital this morning she was reported Improving. She was shot yesterday morning at the Union Station, because she refused to leave the stage and resume her un happy life with William H. Short, or New Yotk, an ex-con vlct whom she married In her teens. Short then shot himself. Prosecution's Witness Positive, but Oe fense Has 22 to Swear Just the Opposite. Beaufort, N. C, Oct. JB.-he trial of & J. Sandere; charged with the killing of Mayor Newberry of Newport was resumed today. The defense had 22 witnesses present to prove that Sander did not do the killing. The prosecution put on the etana one Harrington, who declared he heard, a shot, followed the vanishing figure of a man who held a gun. and recognised in this person the defend, an ,. sunv OPEHATED UPON Sl SANDERS KILLED NEWBERRY Distinguished Jurist Died Last Night at His Summer Home, Coolmore His Official Career. Albany. N. Y Oct. 25. Rufus V. Peck ham, assorinte justice of the United States Supreme court, died at 8:15 o'clock last night at Coolmore. his summore home at Altamont, Al bany county. Death was due to a complication of diseases, heart trouble, Rrlght's disease and hardening of the arteries contributing. Justice Peck- hnm hnd been In 111 health for some time, but his condition was not con sidered serious until recently. Fol lowing adjournment of the May term of the United States Supreme court he came on from Washington with Mrs. Peckham to spend tho summer at Al tamont, expecting to return for the beginning of the October term. A few days ago his ronditlon became such that his physicians said he was likely to die at any time or might linger for severai months. Up to a few days ago Justice Peckham exhibited considera ble strength and was able to be about the house. The circulatory disturb ance, which contributed to his death was first noticed about six years ago. II Ih Death a Shook. - Washington. Oct. 25. The an- nouncement of the death of Justice Peckham, while expected, came as a shock to his associates on the bench and" In political circles and everywhere expressions of regret were heard. Justice Peckham was a democrat and before taking n seat on the bench gave considerable attention to polltloi j in New York. He was horn In Al bnny. N. Y.. November 8, 1838. and had been on the benuh, state ad fed eral, for twenty-six years. He came from the court of appeals of his native state, a position which his father bo fore him had occupied. Mr. Pockham's first office was that of district attornfy for Albany county. He was elected to the position In 1XUS. He afterwards became In suc cession corporation counsel for the city of Albany, member of the Supreme court of the state and associate Justice of the Statu Court of Appeals. He was tho last of President Cleveland's dem ocratic appointees to the Federal Su preme court. Chief Justice Fuller and Justice White feeing the other two. He took his seat In January, 1896. Geve Time to OfllHnl Duties. Ills chief distinction was that of giv ing his time exclusively to the dutlrs of the court. He accepted no outside appointment and undertook no work not connected with the high tribunal of which he' was. a member. He was In constant attendance on the court and gave the most careful attention to all matters before It. He was mar ried, but went tittle, Into society. Un like others of the Justices, he scceptej no Invitations to public functions, and made no public addresses after taking his seat as a justice. Cases Involving the rights of cor- ptn-ntions received especial considera tion at Ju-tlee Peckham's hands, and he was the author of some of the court', most noteworthy opinions of recent date along this line. Several of Mr. Peckham's corpora tion decisions dealt with the Sherman antt-trust law as applied to railroads. These included the Joint traffic and tho trans-Missouri cases, In . both of which ho held the law to be applica ble, I'e also prepared and delivered the opinion of the court In tho rase of Attorney-Oencral Young of Minnes ota In which It was held that the Fed eral courts could interfere , with the execution by the state courts of an un constitutional state law. 'Judge Peckham's bearing wa dis tinguished and his manner affable. His hair and mustache were snow white and his hair longer than hair la usu ally worn. His features were clean cut. 'Altogether his bearing and appearance were those of high breed ing, and he would have attracted at tention In any assemblage. He was an agreeable and entertaining conversa tionalist and highly popular with his associates. Court Adjourned. Washington, Oct. J5. Out of re spect to the memory of the late Jus tice Rufus W. Peckham, the Supreme court of the United States today ad journed until next Monday. UPTON IS STILL IIFTERJflCHT CUP Arrived from EuJope Today and Will Is sue Another Challenge at Early Date. ' a. New York, Oct. 26. "I have come over this time red hot for another challenge to the New York Yacht club, and will do my best to arrange matters with the club so that I can have another chance to lift America's cup." So spoke Sir Thomas Llpton, on Ma arrival from Europe today. Minister Hurt In Runaway AividwH. Roanoke. Va., Oct 15. Rev. A. L. Harnsbarger of Betheny circuit. Bal timore Methodist Episcopal confer ence, In Roanoke and Botetourt coun ties, Ilea at hi home at Cloverdale, In a precarious condition aa the result of a runaway Saturday evening. The minister's skull waa badly fractured and hie leg broken. , . ' " The Program Arranged for the Day Will Occupy Every Moment of the President's Time. "I" "I" "I" 'I' "I" "I"I,,II,lt,,Ii,I'"" ' "" "! ! Schedule of the River Trip. ( Depart from St. Louis at 6 p. m Monday, on the steam boat Oleander, accompanied by the Governors of 25 states and numerous members of congress, V f First speech ut Cape Gi rardeau. Mo., at G a. m., Tuesday. ' Speak at Cairo, 111., Tues day noonand ut Hickman, Ky., Tuesday afternoon. Spends four hours In Mem phis Wednesday and speaks at Helena, Ark., nt 7 p. m. Arrives t Vlcksburg at 6 p. m. Thursday, and remains there until It i. m. Arrives at Natcher. at n. m and remains there three hours. Slops at Baton Rouge Fri day evening and reaches New Orleans Saturday morning. Addresses Deep Waterways convention Saturday after noon. .';' 4- 4,4"HH-W-r-H" St. Louis, Mo., Oct. 25. After a 24 hour run from Dallas, President Taft and party reached St. l,ouls early this morning and were given a rousing re ception. Another 24 hours will find J the president again on his way to the sunny South to attend the Lukes-to- the (lulf Deep Waterways convention at New Orleans. No Pork Iturrel. President Taft said his approval of the bond Issue fur the waterway Improvements did not mean the open ing of a pork barrel to send buck any purtleulur member of congress, but to secure sufficient money to carry out quickly such projects as may be ap proved after careful investigation. The program arranged for the day's visit In the Mound City was well cal culated to occupy every moment of the president's - time. Immediately upon the arrival of his special train, which was met enrouto -by the local reception- conttitiitee, the president was entertained at breakfast by the Commercial club.t, At 11 o'clock he delivered an address In the Coliseum to nn audience of 16,0(10 persons. Then came a luncheon at the Jefferson ho tel as the guest of the Business Men's lengue. From the hotel the president hurried across the river to F.ast Ht. Louis to attend the dedication of a Government building there and to meet - Governor Deneen and other prominent men of Illinois. The early morning trains arriving in St Louis brought scores of gover nors. United Ktatea senators, represen tatives in congress and other public men who have accepted the presi dent' slnvltatlon to accompany him on the trip down the Mississippi river. Half a dozen of the largest steam boats that ply the "Father of Waters" have been chartered for tho accom modation of the official party. One boat has been set aside exclusively for the use of the state executives, of whom there will be at least 25, to gether with members of their staffs. The river caravan will be piloted by a flotilla of United States torpedo bonis ami in the wake of the official craft will follow a swarm of steamboats and launches of all descriptions. T DF THISEnSON The Snow Came, the Winds Blew, and Ashevllle Drew i Big Frost Joday. Yesterday morning was chilly, real chilly, and It felt as If a blunt from the very arctic regions hud suddenly descended upon Ashevllle. Follow ing a pleasant morning Saturday.were rumblings of thunder about midday, followed at night with a chilling wind which banked the snow clouds In the north. - Early Sunday morning a light snow begun to sift down from the skies. . The snow, however, did ,nbt amount to much, and about noon the sun came out for a while. To wards night the clouds thickened again, but later cleared off. and this morning murked the heaviest frost of the season. : Reports from Waynesvllle are to the effect that the snow was some what heavier there, and the moun tains yesterday were white. This, however, la not the first snow to fall In October. In fact, almost ev ery October is marked with a light snow. Lane Knocks Out Squire Melbourne, Oct 15. "Bill" Lang, the Australian pugilist, knocked out "Bill" Squires ot Australia In the twentieth round. They fought for the heavyweight championship of Aus tralia. . THE WEATHER. : Forecast until S p. m., Tuesday, for Ashevllle and vicinity: Fair weather tonight and Tuesday, with slowly rls Ing temperature. mm OS Commissioner McCall Has Reserved Decision in the Letter Carrier Case Untill November 2nd. The hearing of the case against N. W. Fain, the Ashevllle letter currier, charged with tampering with the malls, In violation of the United States statutes, was begun this morning be fore United States Commissioner R. 8. McCall. All the evidence was taken, but decision was reserved until the commissioner can confer with District Attorney llolton regarding a construc tion of a statute, a question raised by Frank Carter, attorney for Mr. Falii. This question was whether If Miss Hlpps had given Mr. Fain permission to open her malls, and deliver the mail to her which delivery should be made by another carrier that pcrmls I slon could be extended to placing the I letter back in the mull to he dellv jered by the proper carrier. The gov I eminent was not represented by an nt I torney. Commissioner McCall will ' render Ills derision November 2. Postolllce Inapt, tor I). M. Harsh berger was the first witness for the government, ami testified to receiving the letter addressed to Miss Kva Hlpps. 2fi Southslde avenue. Ashe vllle, the letter being postmarked at Hendersonvllle and enclosed In an olfielal envelope. This outside envel ope was directed to Mr. Harshberger. He said the envelope was opened In the presence of Assistant Postmaster Wagner, Sunday, October 10, that It wait delivered to Mr. Wagner to see it "'tin placed on Carrier Vo. 10's desk. the one who delivers mail on South side avenue; that he next saw the lett"r Monday morning about 8::t0, that It was received from Carrier Henry, lie then told of the conversa tion with Mr. Fain, which was hel l about in o'clock Mnnduy, In which they held out to Mr. Fnln no Induce ment to make a "confession;" that Mr. Fnln denied having seen the letter ad dressed to Miss Hlpps; that after he hud told F'ain that It was no use to deny It, thnt he knew he had seen it; Fain at first denied it, but1 after being reminded thut he knew thnt he (Fain) did get It, and It was no use to lie about it; Fnln admitted getting the letter by mistake, and later admitted getting It out of Carrier Henry's mall, but that It was opened when he got It. Mr. Harshberger told further of Mr. Fnln coming to him, end asking If the matter could nut be dropped, thnt he was willing to n line or suspension, but did not want It to get to the news papers. Th letter was offered as evi dence, and upon one corner was writ ten the syllable "Nix,"; which In post: office usage means that the letter was not properly addnssed, Mr. Fain. sal. I witness, explained to him that the letter whs In the wrong package Witness said that he usually marked i misplaced letters "Not No. 3." Mr. Wagner Tetanies. Assistant -Postmaster J. L. Wagner told iiliotit receiving the letter from Mr. Harshberger, and of turning it over to Clerk Brown In the postotflce about 11 o'clock Sunday night; that he war present when the conversation between Mr. Harshberger and Mr. Kaln took place, and veil lied what Mr. Harshberger had testified. He further testified that Mr. Kaln stated to these two that during the summer Miss Hlpps had given him (Fain) orders to bring her mail to her house; thut Miss Hlpps and Fain had hud a difficulty about a letter, which he had kept for a while, and later rend it In her p res- enco to her: that Fain had at time ) written notes, and placed them on Carrier Henry s atsg to deliver any mall for Miss Hlpps to him; that Fain admltter getting the letter In question from Currier Henry's desk. Roy Drown on Stand. Roy P. Krown, a night clerk at the postofflce, testified to receiving the letter from Mr. Wagner, of keeping it In a record book until between i and t o'clock Monday morning, when he placed It in Currier No. 10 s mull; thut Clerks Featherstone and Hayes were present in the office, thut Car rier Fain was the first to come In. that he first noticed Carrier 10's mail taken out of distributing cases; that ho saw Mr. Fain at a desk other than his own. that later he looked on Car rier Henry's desk and found the let ter broken open. Mr, Henry Saw Letter. Carrier E, L. Henry testified to first seeing the letter about S:10 a. m., when he was working up his mall; that the letter was unsealed, but he did not unseal It The government rested after the introduction of Mr. Henry's testimony, and the defense Introduced (ts only witness. Miss Eva Hlpps, Hail Mlsa Hlpp's Permission, Miss Hlpps testified to having been married to a Mr. Poore, that she hud a divorce and had resumed her maid en name; that she had known Mr. Fain all her life, that she had worked In his taxidermist shop, that about a year ago, and especially during last summer, while his wife was away, he took dinner and supper at her house. Regarding the letter which Mr. Fain had mentioned to the government of ficials, she stated that Mr. Fain had brought the letter to her, that she read It, objected to his reading It, that he snatched it from her and read It that she became angry and remain ed to for several hour. This was In September, and while she was "mad," she Instructed Carrier Henry to deliv er her mail, and not let Mr. Fain have It: that later she repented and tele phoned Fain to get her mall. She testified that "Nix" waa a name be tween them, and that she would have known by that that Mr. Fnln had opened the' letter) and that he had her permission to read her mall. The Continued on Page Four. , TEACHERS MET IN HENDERS0N1LE The Meeting Was Well AtUnded, and a Number of Interesting Talks Were Made. The Gazetto-N'ews Bureau, Hotel Gates, Hendersonvllle, Oct. 25. Tho Henderson County Teachers' association held Its regular monthly meeting Saturday In the court house hall. The meeting was well attended, there being nearly 70 teachers' pres ent. An Interesting program had been prepared by W. S. Shltles, county superintendent of education, and the exercises were very enjoyable. Professor David 11. Klein, principal of the Flat itock graded school, gave an Interesting talk on "Why should physiology, as u science, be taught In our public schools." Professor Klein in the course of his uddress gave u brief outline us to the way he thought this study should be taught to the children. He also cited u few re markable Incidents as to physiology and its teachings, which readily con veyed to his hearers the fact thnt he was well posted on the subject. The lecture was much enjoyed by all pres ent. The second number on the program was a paper read by Mrs. John llcd den, entitled "Practical Teaching." Mrs. It. M. lvins, wife of Professor Ivlns of the city graded schools, gave it short talk on "Music In Public Schools." G. F. Cork, principal of the Mt. Page school .enlightened his hearers on the subject of "How may the patrons be brought In closer touch with the schools." The meeting wus one of the best ever held of Its kind. In this county, and as u result the regular monthly meeting will no doubt continue the s-reat work started among the county school teachers. A petition Is being circulated and signed by prominent men of this county asking the county hoard of rominlsioners to act upon the propo sition recently put before them In reference to the discontinuing of a sinking fund, which Is created every year towards paying the bonded In debtedness of this county for the Ashevllle Si Spartanburg railroad. It Is contended that after a lapse of ten years this sinking fund Is unneces sary, ncordlng to law. There ure various opinions among the citir.ens as to the virtue of tills proposition and It Is more than likely to bring nbout debating from the legal talents of this city. Gov. M. F. Ansel of South Carolina passed through this city Saturday evening enroule for St. 1 .oil Is. where he Joins President Tuft's party In n trip down the Mississippi river. L BE Party Will Arrive In Richmond Thun day, and Funeral Will Be Held There Friday. Colorado Springs, Col.. Oct. 2fi. Kxtreme simplicity win mnrk the de parture of the ashes of Mrs. Margaret Howell Jefferson Davis Haves, the daughter of the Confederacy, for their final resting place nt Richmond, V.i. Tho ashes will be removed this even ing from F.vergreen cemetery, where they have been resting since the fun eral services here, and taken to Rich mond. The party will reach Rich mond Thursday and will consist of Mrs. J. Addison Hayes. Dr. and Mrs, Gerald B. Webh and Miss Lucy llnycs, and they will be joined at Richmond by Jefferson Hayes Davis of New York. Arrangements for funeral services at Richmond have been left with the committee of arrangements there. Th exercises will be held Friday. IN HEALTH REPORTS Surgeon General Wyman Gives the Sub Ject Prominence in Reports of His Department at Washington. Washington, Oct. IS. The wide spread Interest In the progress of "Pellagra," especially in the south, has led Burgeon General Wyman, of the public health and marine hospi tal service, to give the subject promi nence In the weekly health reports ot services. New Orleans reports two deaths from pellagra for July, and one death for August. Two esses are reported from Camden,' B. C, for the week ended October I. Vp to Hcptember 11 cases are reported from Texas. IS ASHES If REMOVED Court Room Crowded When First Step Was Taken in the Trial of the Black Noun tain Constable. THE CHARGE IS MURDER IN THE SECOND DEGREE Mr. Collins, Who Was With John Hill Bunting When He Was Kill ed, in the Court Room. With no apparent Intent or purpose to delay or continue; with n court room tilled with Interested spectators, witnesses uiul court officials; prompt ly uml with no more formality than the mere bringing into the Jury box the Jurors drawn to serve nt the spec ial term of Superior court, the trial of F. t Wutkins for the killing ot John Hill Hunting of Wilmington at the (Hailstone hotel. Itlnck Mountain, on the night of AiiKiist (i. and tho serious wounding of Paul Cameron 'iilllns of Hilisboro, was begun. Tho state, represented by Solicitor Murk W. Ill-own. Judge Thomas A. Jones, Hon .Thomas Settle ami It. IS. Wil liams, charges Mr. Wutkins with mur der in tho second degree. The de fense, in the bauds of lion. Locke Craig. Judge J. 1. Murphy, J. ii. Martin, Curium! A. Thompson ami Alkn T. .Morrison, will main tain that Mr. Wutkins, at the time of the shooting town constable of Klnck Mountain, acted in self-derense and In tho discharge of his duty. t aso to llo llnril Kougitt. Today was the beginning of a trial that bids fair to be html-roiighl; ln teriwtiiiK if- not sensational; ami a trial that at the Iciuit mentis much tor the man accused and indicted on the charge of taking a human life. Mr. win sins, when court convened, occu pied a seat between anil n little lit the rear of counsel; calm, cool and Inter ested, yet not nervous. Just a few steps away, and a bit nearer tho Jury box, wus seated t'npt. Hunting. Next to Cupt. Hunting, and In deep mourning, sat Miss Hunting, a sister the devoted sister of John Hill Hunting. Mrs. I'ulllani of Ashevllle set next Miss Hunting. In front of Cuid. Hunting and Miss Hunting were Mr. Settle. Mr. Williams and Judge Jones, aiding the solicitor in I lie con duct of the case. Inside the bar rail ing were many menihorn of the Ashe vllle bar; many friends of Mr. Wutkins: friends of Mr. Collins and the late Mr. Hunting, and others. Outside the railing the auditorium of the court room was tilled with Interested spec tators, A Hci'cxs Taken. The selection of a Jury to try the Issues to pasH upon the guilt or In nocence of the man ut the bar of Jus lice was concluded shortly bel'uro noon, and upon the suggestion of So licitor lirown a recess was taken by Judge Adams uutil 2:30 o'clock this afternoon. During the selection of n Jury tho prosecution injected Into the hearing u new matter an Intimation that men summoned as Jurors had. since their summoning, been talked to by friends of the accused. This came out more pointedly during the questioning of I). A. Dillingham ami It. Dilling ham, than at any other time. Z. II. Dillingham, when challenged by Judge Jones for the private prosecution, was ll.skcd if he hail not been talked to iihout the case; if former Sheriff J. II. Heed hud not been to his huusn uml talked to him. Mr. Dillingham replied that Mr. Heed had talked to him about the sheriff's race; th.'U Mr. Iteed had told the summoned Juror that he would bo a candidate; hnd referred to the sum moning of Mr. Dillingham as a Juror, and asked Mr. Dillingham when he came to town to come and spend the night with him (Heed). Judge Jones said that he would ask the court un der the circumstances to excuse the Juror. Tho court said that It could see no grounds on which to excuse the Juror: the Juror was excused by the statu and a peremptory challenge noted. Again the Intlmutlon came from the state that Jurors hnd been talked to, when D. A. Dillingham was ques tioned. Judge Jones asked the juror the summoned Juror If ha had heard people talk about the case The Juror said thut ho hnd beard several; lhat among them Was ('apt. Ilrlttuln of the convict force; that Capt. Hrlt taln waa not talking to Dillingham, but In his presence; that Capt. Brlt tnln said If Walk Ins was given a fnlr trial he would be acquitted. Mr. Dil lingham said that at the time he waa Just "passing along where the con victs were working and stopped." -.. Vie waa asked by Judge Jonea If he had not been employed at a guard. Mr. Dillingham aald he waa employed thout two years ago; that he quit in July. Later In reply to a question, ho said thnt he had boon re-employed about a week ago. He said that ha "Just took Elliott's place as guard." Mr. Dillingham said thnt Capt Rrit taln knew that he (Dillingham) had been summoned aa a Juror, or that he supposed he knew it.- ., , , , The Juror Is F.rnc1. Judge Jones again asked the court (Continued on page I)
The Asheville Times (Asheville, N.C.)
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Oct. 25, 1909, edition 1
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