'J . Saturday, August zi
FAQS TWO
rSE ASHEVILLE GAZTT-EWS
Buy-It-Slow! Buy at Home. Create An Endless Chain of Asheville Dollars
MONDAY MORNING, AUGUST 23rd, AT 10:30
WE ARE GOING TO SELL
LESTER
13
B
USINESS . LOTS AT AUCTION
THIS PROPERTY IS PART OF THE SMITH ESTATE ADJOINING THE LANGREN HOTEL ON COLLEGE, MARKET, AND SPRUCE STREETS. TERMS OF THE SALE WILL BE 1-5 CASHBAL.
1, 2, 3, & 4 YEARS. NO BETTER INVESTMENT CAN BE MADE IN ASHEVILLE TODAY. AMERICA, AND ESPECIALLY THE SOUTH, IS ON THE EVE OF THE GREATEST ERA OF PROSPER.
ITY THAT WE HAVE EVER KNOWN. THE WISE INVESTOR NOW WILL REAP THE REWARDS LATER. SALE BEGINS PROMPTLY AT 10 :30, MONDAY, AUG. 23. -
Greensboro Realty and Auction Company
ia
Judge Boyd Overrules
Affidavit of Plantiff
Misses Gilbert Asked for Anot her Judge to Hear Suit Against
Hopkins Affidavit Held to Be Insufficient Trial Is Set
For November Term of Federal Court Here.
ADMIRAL FISKE IXVKXTS
AERIAL TORPEDO BOAT
In the federal district court yeeter- f ore the judge who had, in the lan
flay Judge James E. Boyd heldlgvare of the nffidavit, decided points
that the motion by affidavit of the of law against them in an emphatic
plaintiffs in the suit against W. R. j manner. Judge Boyd said that his
Hopkins and others for trial before letters to Judge iler:iui-n bore him
some other United States judge was ; out in the statement thai he felt sym
not proper in substance and had not'pathy for the Misses Gilbert aad that
been filed within the time specif led h e was glad that these letters had
by law. The court thereupon set tne been attached to the affidavit.
case for trial on Thursday of the eec
ond week of November, v
Affidavit Filed.
Not Filed m Time.
The presiding officer of the court
then explained that according to his
When the Gilbert-Hopkins case was construction of the law the affidavit
called for consideration Judge James; must set forth bias toward some uf
H. Merrimon of counsel for the plain-; the parties to the suit. He declared
tiffs stated to the court that his ' that if expressing emphatically an
clients had filed an affidavit alleging j opinion as to points of law disquall-.
hat the presiding judge was biased i fled a judge there could not be found
tnd prejudiced in respect to the sub-1 a Judge in the I'nited States who was
lect matter of the lawsuit and that j qualified to sit on a case. Since the
Ihey could not obtain a fair trial in (affidavit asserted bias only as to the
bis court. Judge Merrimon said that j issues In the suit Judge Boyd held
as he under stood the statute apply- j that it was insufficient in form and
Ing to the question the filing of this j as it had not been filed ten days be
paper left the court no other course j fore the time for the opening of the
tha nto have some other Judge deslg-l court term it could not be considered
r.ated to conduct the hearing of the 'legal.
action. This case Is a companion suit to
Foster A. Sondley, of defendant's ! the one tried for the second time at
counsel, read an affidavit from W.jthe May term of federal court in
R. Hopkins, the defendant, to the j which the plaintiffs established their
effect that many of the facts set forth j claim to part of a 12,000 acre tract
in the plaintiffs affidavit were con
trary to the facts In the case and that
furthermore the Instrument was not
filed within the time specified by
law.
Set Aside Affidavit.
After hearing arguments by conn
sol Judge Boyd made a statement ex
pressing his views of the questions
Involved and setting aside the affida
vit as insufficient for securing trial
before some other United States
judge.
His honor said that he had pre
sided as a federal Judge for more
than 15 years and that In all that
time he had endeavored to give all
litigant a fair and impartial trial,
holding the scales of Justice evenly.
That if after these years he was ca
pable of bias and prejudice he had
never been the proper man for the
In Cherokee county In possession of
W. R, Hopkins and others. The
boundary now In question lies in Gra
ham county and consists of about
30,000 acres of valuable timber land.
In the first trial before Judge Boyd
the defendant won and on appeal to
the circuit court the plaintiffs secured
a new trial.
Postponed to November.
Following the disposition tff the
Cherokee county part of the law milt
at the May term this year the present
action was set for trial Monday, Au
irust 23. It is now postponed to the
November term of court.
On account of the value of the
property involved and the many in
teresting points of law brought out In
IF i'
i
i
i , . i
1 w 1
;
Washington. Aug. Jl. The navy de
pertment, it la said, is keenly inter
ested in an atrial torpedo boat for
attack on ships In protected harbors,
projected in patents Just issued to
Rear Admiral Bradley Allen Flske,
now attached to the navy war oollege,
but formerly aid for operations to
Secretary Daniels.
ine plan contemplates equiping a
monster aeroplane similar to a num
ber now under construction in this
country for ths British government
with a whlthead torpedo of regula-
Many Injured hy Storm
In Hospitals of Houston
Houston, Aug. 21. Evidence of the
unusual destructive powers of the
recent hurricane is to be seen In the
Houston hospitals which house be
tween SO and 100 persons who were
either injured . by the etorm or are
suffering from Illness contracted from
long exposures. Most of the patlentr
are from the little towns on thr
coast.
Among all the injured possibly the
most remarkable ailment is snake
bite a real danger in the coast hur
ricane, because the water drives the
snakes upon the few objects above
water available for keeping afloat.
, Marvin Proctor of Lynchburg Is in
a serious condition because of moc
casin bite. With his baby he was
driven Into the water and was try
ing to build a raft from the boards
of his house when the snake bit him
on the hand. He carried the baby
until Wednesday morning, although
his arm was swollen to twice its nor
mal size. On Wednesday he was pick
ed up by a launch.
Yom Hadin the day of Judgment
the day whereon we weigh ourselves
In the balance, and perforce, And
ourselves wanting; for 'there Is no
righteous man upon earth that doeth
good always and sinneth not."
The essential ceremony of the serv
ices in the eynagogue on Rosh Hasha
nah Is the blowing of, the trumpet,
in "accordance with the injunction In
Lerlctu 2S:24, which reads: "In tiii
seventh month, on the first day of th,
month, shall ye have a Sabbatt, i
memorial of blowing of trumpet
and holy convocation.'
Teach your dollars to have mot,
"cents." by using Larabee's Beit
Flour. Makes Twenty per cent mori
bread than soft wheat flours. Ha.ji
Submarines Sink Two
Other British Steamers
New York, Aug. 21. Advices re
ceived yesterday brought a report
that the White Star liner Bovlo had
been sunk by a torpedo from a Ger
man submarine. The Bovlc was em
ployed in the Australian service. She
Was a vessel of 6,600 tons register.
London, Aug. 20. The Swansea
Leader reports htat the British steam
er New York City has been sunk. The
members of the crew were saved.
Christianla, Aug. 24. A . German
submarine stopped te Norwegian
mail steamer Irma in Norwegian ter
ritorial waters yesterday, but the
timely appearance of a Norwegian
torpedo boat prevented further interference.
L OUTING TO
THHiLE SEPT. 6
JEWISH
1
TO BE KEPT
the course of the trials these cases
have attracted great attention. The "on "vy type,
issues have been contested stubbornly Swooping down at a distance of
position he occupied. He reviewed the! by some of the ablest lawyers in thefiv 8eR mlIe" fron the object of at
course of the case in the federal . state . Among counsel in court this - Jack- the aircraft would drop its dead
courts saving that after it came back morning were Judge James H . Merrl-1 v car? tne -wter 3UBt " tt wouM
from the circuit court of appeals forjmnh and J. B. Adams for the plain-
new trial he felt that the plaintiffs : tiffs and Foster A. Sondley, General
would consider, being women and un-j Theodore F. Davidson, Senator Zeb
famlllar with legal procedure, that I ulon Weaver and Congressman, James
they had small chance of success be-'JT. Brltt for the defendant.
Fuueral Services Over
Frank Held in Brooklyn
New York, Aug. 21. The body of
Leo M. Frank, who Was lynched near
Marietta, Q, during the early part of
the week, was burled at Mr. Carmel
cemetery In Brooklyn yesterday. The
.auto-hearse and the cars which carried
the Immediate relatives of the dead
man traveled at a high fate of speed
over the sis mile route from the
home of Frank's parents to the ceme
tery In a vain effort to elude news
paper men and photographers.
Frank's parents, the widow, and his
sister, Mrs. Otto Stern, and her hus
band occupied the automobile which
followed the hearse. A doaen Other
relatives and friends were In three
other mvhinee.
A crowd it scarcely more than a
hundred had gathered In front of the
Frrxi.k home from which the body
was taken at 1:1 o'clock and 10 min
ute later th hears had arrived at
th oeoietery. Th mi-vIom lasted
only a few minutes.
About forty curious people wer in
the cemetery and they crowded during
th services.
Ferfect order was maintained both
at th horn and at th cemetery and
a bot$ places the police had nothing
to do. t
Mrs. Luclle Frank, th widow, p.
' r4 calm and restrained until the
servloM were concluded; then she
collapsed and waa carried to an auto
mobile. Th services were conducted by
Rabbi Alexander E. Lyon, of Brook
lyn, and Rabbi David Marx, of Atlanta.
SHAKESPEARE STILL
POPULAR IN GERMANY
have been launched from a destroyer.
The impact with the water sets the
torpedoe's machinery ir? motion and tt
la off at a speed of more than foriy
knots an hour toward the enemy's
ship.
It ia said to be possible to control
th torpedo by radio waves, one aero
plane scrrylng the torpedo and an
other th wrleles controlling appar
atus.
It is pointed out that Admiral Flske
secured patents on such a method of
control In 1100, when he was a lieu
tenant commander, in th navy.
That the excursion that left Ashe
ville Wednesday for Atlantic City is
the largest and most popular ever
conducted from this territory to the
seaside resort was the statement to
day Of Division Passenger Agent
James H, Wood. Mr. Wood accom
panled the special train as far as
Washington, returning to th city yes
terday afternoon.
Another popular outing for Ashe'
vllle people is announced for Septem
ber R, on which data the Baptists of
this section will visit Thorriasville. A
special train will be operated by th
Southern Railway company , for the
one day excursion for the members
of that denomination in western and
fledmont Carolina.
The children at the Thomasvtll
orphanage will five a concert for the
visitors and the farms, dairy and
grounds will be Inspected. The Bapt
ist take great pride in th work
one at Thomasvill and it I expected
that a large crowd will go down on
September ( for the pleasure and In
struction of th trip and to encourage
the children and thos In charge of
the Institution. '
Rosh Mashanah Will Be Cele
brated This Year, Sept. 9.
-the History.
Postponement.
Th ice cream supper which the
Junior Philathea class of th North
Asheville Methodist church had pUnn
ed for tonight on the lawn of the
church, has been postponed until next
week. The exact date will be an
nounced later.
Berlin, Aug. II. Th nwl) Issued
German Shakespear Society's year'
book shows that lit performances of
Shakespear s play wer given in Ger
many in 1114. There was a sharp de
crease in July, but th theatrical neu
trality gained th day and th and of
th year found th usual number of
performance being given. "As You
Lik It", led with lit perform mo.
"The Merchant of Venloe" was sec
ond, followed In order by "Hamlet,"
"Richard III," "Orthello," "Midsum
mer Night's Dream," "Romeo and
Juliet," "Taming of th Shrew" and
th "King Lear," Coraolanus" and
"Love's Labor Lost" each had but one
production. Berlin theratara had 214
of th til production to their credit
Don't buy soft wheat flour b
caus you think It I cheaper. If yon in-
Just wish to fill up a hoi, sand or disposed of by setting th appearance
v,.,K .v. iuiiboi. bond of the dafandanta 11 nnn ..h
TOMIWEIL COUNTY
Brevard, Aug. II, Th matter of
fixing bond and considering th trans
far of th case -of Wave Allison and
V1II Parker, charged with th mur
der of 1. W.. Clayton, to another
county, was taken up by Judge Hard
la Superior court last week and
sawdust Is
Larabee's Best Flour contain twenty-
five per cent mor nutrition than sort
wheat flour. lfl-7t
CARD OF THANKS.
Dr. and Mrs. B, 3. Durham desire
to express in this manner their Sin
oar appreciation of th kindly word
and messages of sympathy which they
received from friend and neighbors
upon th occasion of th recent sud
den accidental death of their dear
un Charles William Durham. To
them and to all thos who sent th
beautiful flowers as token of love
for our boy w extend our most
grateful and heartfelt thanks.
DR. AND MRS. BENJAMIN J. DTJR
Dr. and Mrs. BENJAMIN I. DUItHAM
U1.U
Rosh Hashanah, the Hebrew New
Year, will be celebrated this year
September I and ten days later, Sep
tember It, Yom Kipper, th day of
atonement, will be observed. A Is the
custom special service will be held
In th Jewish synagogue. Jews all
over the world observe these hnly
days. Rosh Hashanah Is on of th
most solemn feasts otthe Hebrew re
ligion. i
In the Jewish tradition, th Rosh
Hashanah marks th anniversary of
the. creation uf th world, supposed to
have taken place B,47( year ago. Th
present Rosh Hashanah therefor,
will mark the beginning of th year
t7.
Th change of date, however, I of
little or no Importance, and if th
Jewish New Year's day had no fur
ther significance, Its appeal, to the
Jew would be very faint Indeed. It la
not the chang of the year, but the
Chang of life, that this day stresses.
that makes It stand out as on of th
holiest days In th Jewish calendar.
Herein It radically differ from the
olvll New Tear; it la a day set apart
for Introspection and self-examination,
Th sacred oharacUr of thl day I
Implied In th two other name by
which It is known, vis., th day of
memorial and the dy of th blowing
of th trumpet? In the first place tt
I th day of memorial, or remem
brance, as such, It call upon th Jew
to remember the divine purposes of
his life; secondly, It t th day of th
blowing of th trumpets. Its purpose
Hackney & Motile
Company, Inc.
12 Lexington Are.
Asheville, N. 0.
wher
Anything Printable
Is Printed
Letter Heads, Bill Heads , Envelopes, Invitations,
Circulars, Tracts, and Legal "Work; Records, Briefs,
etc
Best Equipped Plant
in Western N. C. '
BOOK BINDERY BUSY EVERT MUTTjp!
LOOSE IaEA7BZNDERB AND SHEETS
Mail Orders a Large Part of crar -itae-bess.
Write tlb or Phone ua at 181,
TWO REASONS
why our Ipe Cream is growing more popular each day
are: . h -.
Its Purity and Excellence,
It's a "Made at Home" delicacy.
Asheville Ice Cream Company
M. H. GRACE, Mgr.
and transferring th case to McDow
ell county.
Th aUorneys for th defense stub ' rouse Israel from hi lf-com
BEDS
We would like to show you the advantages of the
Simmons Manufacturing Company's new Steel Bedsteads.
They are lighter, cheaper and stronger than the old-style
gas pipe ones.
; BURTON & HOLT,
On the Square
bornly resisted th removal of th cas
from this county.
Th state baaed it motion for re
moval on th fact that in two trials
a verdict could not be had and that
the cas had been discussed so much
thatNan impartial jury could not be
found in Transylvania county,
Thl case has been followed with
great degree of Interest by th peo
ple of Traneylvania cotuny, anil on
account of th extended eirol of rel
ative and promiscuous discussion of
th oaa It ha bn omwnat diffi
cult to lect a Jury according to th
requirement of th attorn) repre
senting the defense, th stst and th
placency and stir him to high re
solves and nobler deeds.
Th Rosh Hashanah derive It sig
nificance from th fact that it 1 but
th Introduction to th day of atone
ment which follows ten day later.
"Before w can realise th need of
atonement," says a statement, "It la
necessary that he beoom conscious
of hi shortcomings: for so long as
w imagin ourselves whole, it may
never occur to us that w need a
physlclani so long a w do not ad
mit our sinfulness, w shall hardly
feel the need of being forgiven.
"Hence, to meke th . tontnnt
posaiDie, w must nave Kvwh Ilasha-111
nan. which 1 also designated a thj
BLOMBERG'S
Toy and Sporting Goods Store
17 BILTMORE AVENUE
In th Davllrht Binr V .... . j and
"v vwipiaie) line si imporifi -
Domestic tOllS. Tova. ftnnrtlxa. n,.i. at cut
trtaa rw..l r .I."
CsrrlasM. push Carta Vainxlnaa.
Evtunnxo xw nic aove iaxxm
NOW OPEN FOR BUSETE33