'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

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