A-
1
OMAN
ESTABLISHED 1870.
COUNTRY, GOD AND TRUTH
SINGLE COPY FIVE CENTS.
LUMBERTON, NORTH CAROLINA, THURSDAY, APRIL 2, 1914.
NUMBER 13.
VOL. XLV.
mm mm mm er m
M'KENZIE LOSES APPEAL.
Supreme Court Finds No Error in
Trial Scotland County Man Con
victed of First Degree Murder in
Robeson Superior Court Effort
Will Be Made to Have Governor
Commute Death Sentence to Life
Imprisonment.
The State Supreme Court yesterday
affirmed the lower court in State vs.
Will T. McKenzie from Robeson coun
ty, in which McKenzie was convicted
of first degree murder and is. under
death sentence for killing his brother-in-law
Peter D. Jones in Scotland
county. The case was argued before
the Supreme Court last week by ex
Judge W. H. Neal, Cox & Dunn and
E. H. Gibson of Laurinburg and Mc
Lean, Varser & McLean of Lumberton
for the defendant and Weatherspoon
& Russell of Laurinburg, Mclntyre,
Lawrence & Proctor of Lumberton and
Attorney General Bickett for the
State. .
" McKenzie has been in jail in Lum.
berton since his conviction, awaiting
the outcome of the appeal. A strong
effort will now be made to have Gov
ernor Craig commute the sentence to
life imprisonment, and it is probable
that Gov. Craig will delay setting a
'date for the execution untilafter his
decision on the petition that will be
presented for commutation. And it
McKenzie will remain in jail here.
Today's Raleigh News and Observ
er gives the following report of the
Supreme Court's decision:
State v. McKenzie is another mur
der case. Defendant killed his deceas
ed wife's brother. Chief Justice
Clark for the Supreme Court states:
"Testimony is admissible to show the
feeling of the prisoner towards the
family of his deceased wife, whose
brother he slew, by reasons of their
allegations of ill treatment of his wife
b prisoner and their feeling toward
him, as tending to show motive for
the crime. Evidences of former diffi
culties between the defendant and
deceased and the State of feeling be
tween them is admissible on a trial
for homicide and it is also proper to
introduce evidence tending to show
the cause of such difficulties and ill
feeling.
He states further that the testi
mony of the widow of the deceased
that she saw the prisoner pass"" her
house shortly after the gun fired, the
distance, the time, and that the horse
was in a lather, was admissable. The
motion for judgment of non-suit was
properly denied as there was evidence
of premeditation and deliberation.
Chief Justice Clark states that it
was admissible to question witness for
defendant as to his former testimony
before the coroner and clerk, under
the instruction of the trial judge, that
this was not substantive testimony but
for the purpose of contradicting and
impeaching witness.
The defendant also filed exceptions,
that the widow dressed in mourning
with several small children was al
lowed in the court room and that dur.
"ing the trial, they were permitted to
associate with the jury at a board
ing house. Chief Justice Clark states
that such recitals in counsel's brief
cannot be considered unless they have
been found as facts by the trial judge.
"But taking them as true, they do not
entitle the prisoner to new trial
as it was proper for the widow to
wear mourning and it was admissible
for her to be present at the trial. It
appears that the widow and the chil
dren were boarding at the only hotel
Jinjhe own as jrell as;j;he jury. JsjJjt
it does not appear that they convers
ed with the jury o rattempted to in
fluence them, and doubtless the jury
was under the supervision of an officer
and kept together. There was no error
in the trial.
First Meeting of the Lumberton Hotel
Co. TV'ill Be Held This Evening.
The first meeting of the Lumberton
Hotel Co., recently chartered, will be
held this evening at 8 o'clock at the
court touse, tomrnissioners room. At
this meeting the charter will be adopt
ed and officers will be elected. It is
understood that, the liotel committee
of the Chamber of Commerce has in
hand a number of propositions for
ites, It is desired that all who have
subscribed for. stock in, the hotel at
tend the meeting this evening.
"Had dyspepsia or indigestion for
years. No appetite, and what I did
eat distressed me terribly. Burdock1
LBlood Bitters reached the ause," i
H. Walker,1 Sunbury, Ohio.
TOWN PRIMARY AND ELECTION.
Primary April 28, Election May 4
Mayor, Three Commisioners and 4
Graded School Trustees to be Elect
edMayor White a Candidate for
Re-election.
At a meeting of the town fathers
Monday evening both a primary and
town election were ordered, the pri
mary to be held April 28 and the elec
tion Monday, May 4.. At this elect
ion a mayor, three commissioners
and four graded school trustees will
be elected. Mr. J. B. Bowen was ap.
pointed registrar and R. H. Crichton,
R. A. McLean, J. H. Morrison, D.
W. Biggs and CP. McAllister were
appointed. managers of the primary. J.
D. Norment, J. A. Thompson and W.
O. Thompson were appointed judges
of the election.
Mayor A. E. White told a Robeson-.
ian reporter this morning that he
would be in the race for re-election.
No other candidates have announced
themselves.
At this meeting a committee was
appointed to exchange the town street
mules for two horses to pull the fire
wagon and do other work on the
streets.
DEBATERS TO CHAPEL HILL
Lumberton High School Boys Off to
Ene5-.io; JP : Avcock, Me
""morfat CtrpT J"
Ertle Carlyle," Rufus Sanderson,
John Proctor and Earl Townsend left
last evening for Chapel Hill, where
tomorrow night they will battle in
debate for the Aycock Memorial cup.
The fact that the Lumberton debat
ers won both in the debate here and at
Laurinburg Friday night, March 20,
gives them a chance in this last bat
tle. A preliminary contest will be
held tomorrow afternoon and evening,
but the final battle will be waged Fri.
dny night. The same query discuss
ed in the first contest, "Resolved, That
the Constitution of North Carolina
Should be Amended so as to Allow the
Initiative and Referendum in State
wide Legislation," will be discussed at
Chapel Hill tomorrow night. Here's
hoping the boys will bring the cup to
Lumberton. " The debaters were ac
companied by Supt. R. E. Sentelle and
Mr. Lewis Shelby.
Charged With Breaking Into the Jen
nings Mill Co. Store.
Jim Brooks, 22 years old; Dock Ses
sion, 18 years old; Melton Wilson, 16
years old, and Ottie Warwick, 17
years old, were arrested Tuesday af
ternoon by Sheriff R. E. Lewis and
Policeman S D. Strain and placed
in jail, charged with breaking into
the company store at the Jennings
Cotton Mill Wednesday night of last
week. The back door of the store was
found open Thursday morning, but
nothing was missed until Saturday
when a coat and three pairs of pants
were missed. The boys, who had been
working in the mill at night for some
two months had been trying on the
coat and talking of buying it, so this
led to suspicion, and search warrants
were issued, and when the room in
which Wilson, Brooks and Sessions
had been rooming was searched the
pants were found in Wilson's suit
case, and quite a number of pairs of
white sox were found in Brooks' suit
case, socks that had belonged to the
company. The coat was found in
Warwick's possession. Brooks says
his home is in New York City, Wil
son says he is from Petersburg, Va.,
and Session says his home is in Ma-
L.ts.v CL. ,Wanvlck'.lwime,iifc.in
Lumberton.
The boys were given a hearing in
the recorder's court this morning. Ses
sions was released and the others
were summoned to appear before the
recorder Saturday morning at 10
o'clock, when verdict, will be render
ed.
Recorder's Court.
James Mosley, a 13 year old colored
boy, was before Recorder Row
land this morning charged with steal
ing a wheel belonging to Master Chas,
Warwick, messenger boy for the
Western Union office on Fouirth
street. The wheel was returned, and
after the boy had been well thrashed
byjiis.fathr,. Charley-Mosley, judg
ment was suspended' on payment of
costs. Dave Blackwell, colored, we be
fore the recorder this morning to an
swer a charge of cursing on the public
highway. Judgment wasi suspended
on payment;' of cost.
Subscribe for The Robesonian.
REPEAL BILL REACHES SENATE.
Canals Committee, to Which House
Tolls Exemption Bill is Referred,
Will Meet Next Tuesday Unneces
sary Delay Will Not Be Tolerated.
Washington Dispatch, 1st
The Administration bill to repeal
tolls exemption for American ships
in the Panama Canal, which passed
the House yesterday amid spectacular
scenes, reached the Senate today and
was referred promptly to the com
mittee on inter-oceanic canals without
debate.
Senator O'Gorman chairman of the
Canals committee, who is marshaling
the anti-Administration forces, an
nounced definitely tonight that he
would call a meeting of the committee
for next Tuesday. Until that time no
formal consideration of the repeal
measure or proposed amendments can
develop. Although friends of the
President had hoped to have the ca
nals committe meet earlier, they de
cided to make no effort to induce Sen
ator O'Gorman to change his plans.
They will insist, however, Upon action
within reasonable time after the.com'
mittee gets down to work.
Senator Owen, of Oklahoma, ma
jority member of the committee, who
will lead the fight in committee for
the Administration, visited the White
House early. in thelaynf jcftflferred
ii urn 1 a, j 1 a: .1... IahJm
wie empnauc ueciarauuii uint mcnua
of the repeal bill would not submit to
unnecessary delay in preliminary con
sideration of the bill and flatly de
clared that the gauntlet of committee
discharge would be hurled should an
attempt be made to impede the pro
gress of the measure.
NORTH CAROLINA WILL
GET ROAD MONEY
Washington Special, 1st, to Charlotte
Observer.
After a conference with Postmaster
General Burleson and Fourth Assist
ant Postmaster General Blakeslee this
afternoon Senator Simmons announc
ed that the $20,000 withdrawn from
the Federal road fund for North Caro
lina two weeks ago will be restored
at once. An order for the money
will bem ade within a few days."
"Where will they get the money; from
what State?" Senator Simmons was
asked.
"That does not interest me at all,
we will get the $20,000," said he.
Negro Shot by Another Negro in
Quarrel at Alma.
Maxton Special, 1st, to Wilmington
Star. 1
A hurry-up telephone call came In
from Alma, a station two miles from
here on the Seaboard, about 6:30 yes
terday afternoon asking that officers
be sent down to quell a riot among
the negroes. This was followed a few
minutes later by a call for physicians.
Deputy Sheriff W. W. Smith and S.
H. Dunlap, chief of police, together
with Drs. J. O. McClelland and D.
W. Harris, went down.
They found no riot, but they found
Will Floyd wounded, having been shot
twice, once In the right arm above the
elbow and once in the left leg several
inches above the knee. It seems that
he and another negro, both employ
ees of the Alma Lumber Co., had
quarreled about their work and the
second negro, J. C. Covington, about
30 years old, resented some of the
things said in the quarrel and pro
ceeded to shoot the Floyd negro up.
Immediately after the shooting a
down and with the help of the other
negroes held him until the arrival
of the officers, who put him under ar
rest and brought him here and locked
Kim up.
Mrs. Robert Deese Falls From Buggy
and Breaks Arm.
Mrs. Robert Deese," 80 years old, fell
from a buggy this morning near the
Meadow-Brook cemetery and broke
her left arm near the shoulder. She
was in a buggy with her son, Mr. O.
C. Deese and a small son of Mr.
Deese, when the child started to fall
from the buggy and Mrs. Deese in
trying to keep the child from falling
fell herself. ' Drs. T. C. Johnson and
N. A. Thompson were summoned and
rendered medical aid, and Mrs. Deese
is getting along as well as could be
expected. . '. .
Mr. Geo. fc. Graham of Tolarsville
is among the visitors in town today.
Subscribe for The Robesonian.
BRIEF ITEMS OF STATE NEWS
A Record in Short-Length Form of
Happenings of a Few Days in North
Carolina.
Thirty !'.ve horses were roasted tc
death at Hendersonville Sunday night
when fire destroyed the stables of the
harhaqji Supply Co.
Mr. H. B. arner of Lexington, who
has been considering entering tha
fight for the Democratic nomination
hfor Congress in the seventh district,
has announced that he has decided not
to run.
Sevetal sections of the Atlantic
Coast Line planing mill at Wilming
ton, machine shop and blacksmith
shop were destroyed by fire Saturday
night, entailing a loss of about $20,
000. W. H. Ragsdale, who had been
county superintendent of schools of
Pitt county for 20 years and a great
factor during that time for the e luca
tion ad general development of Pitt
and. adjacent counties, died last Fri
day at Greenville.
Mr. R. M. Nimocks, a prominent
citizen of Fayetteville died Saturday at
Hot Springs, Ark., where he went for
treatment, having been in poor health.
The remains were brought to Fayette
ville for intermnt, the funeral tak
ing place from the Presbyterian chuch
of that city Tuesday.
-P.fI.Hanes Knitting Mill COm-
pa-Hy-nf 'WiflstOTT Salem-isrgTaTtiteJ an
amendment to its charter whereby
whereby the capital stock is changed
from $400,000 to $2,000,000, of which
$l,000,00o is preferred. P. H. Hanes
is president. It is understood that
the company is preparing for very
considerable extension of its already
immense business.
At Smithfield Saturday night Jim
Whaley, a cotton mill employe, in
a drunken stupor shot his daughter
when she jumped between him and his
wife, at whom he was aiming his pi
tol, and when found Sunday shot and
painfully wounded several men who
were assisting the sheriff in captur
ing him. He was lodged in the John
son county jail. The girl was taken to
a hospital at Raleigh and it is though
that she may recover.
A portrait of Patrick Henry Win
ston, lawyer, orator, statesman and
distinguished citizen, was presented to
the State Tuesday by Gov. Craig and
accepted by Chief Justice Walter
Clark. The ceremonies, in the Su
preme Court room at Raleigh, were
witnessed by a crowd of prominent
people. This distinguished lawyer was
the father of ex-Judge Francis D
Winston, now district attorney, of
Windsor, Judge R.W. Winston of Ra
leigh and Mrs. Frank S. Spruill of
Rocky Mount.
DEMOCRATIC MASS-MEETING
RALEIGH, APRIL 8TH,
Wm. J. Bryan, Josephus Daniels,
Governor Locke Craig, ex-Governor
Glenn, and other Democratic leaders
of State and National reputation are
to speak at the great Democratic
mass-meeting in Raleigh, Wednesday,
April 8th, beginning at noon. A State
wide legalized primary, the adoption
of proposed Constitutional Amend,
ments, a better system Of taxation,
improved legislation affecting roads,
schools, health and country life, a bet
ter child labor law, and many other
big issues are to be discussed. Every
Democrat in the State is invited, and
special railroad rates are expected1.
Thre will doubtless be a great at
tendance. MrWrsTBritt of Ltrmberton a Possi
ble Candidate for the Legislature.
Some of his friends are trying to
prevail upon Mr. W. S. Britt, of the
law firm of Britt & Britt of Lumber
ton, to enter the race for the lower
house of the General Assembly. The
Robesonian man asked Mr. Britt about
it the other day and he did not deny
that he was thinking about it, but
would not say for certain that he
would be in the race. He says he has
not decided fully. Mr." Britt is a young
man, a good mixer, and popular with
the "boys." He was graduated at
Wake Forest College in 1908 and has
been practicing law in Lumberton
since 1909 with his brother Mr. E. M.
Britt. He is a son of Mr. and Mrs.
S. E. Britt of the Ten Mile sec
tion. Three or four years ago he was
elected a member of the town graded
school board and served a term of two
years, declining to offer for re-elec
tion. It seems probable that Mr.
BritUwill offer for the Legislature
but he has not said the word yet.
CITY DELIVERY BEGIN9
Three Deliveries Daily and One Col
lection Trip No More One-Cent
Drop Letters Bank of Lumberton
Will Furnish Receptacles for Mail.
Free delivery of mail began yester
day. Not much mail was carried on
the trips yesterday, for the reason
that not many of the forms required
had been turned in, but quite a re
spectable delivery was made in the res
idence sections this morning. As
stated in Monday's Robesonian, three
deliveries will be made daily in the
business section at 8 a. m. and in the
business and residential sections at
8:45 a. m. and 12:50 p. m. A collec
tion trip will be made by the car
riers at 4:40 p. m. Boxes for collection
of mail have not been received at the
postoffice but are expected within two
weeks. The carriers are Messrs
Vance Skipper and J. W. Bryan.
No more letters may be mailed for
local delivery with one-cent postage.
All letters must carry a 2-cent stamp.
The Bank of Lumberton has or
dered reseptacles for mail which it
will furnish free to every house in
town where they are wanted. These
rceptacles are neat metal boxes carry
ing an advertisement of the bank.
The Postoffice Department requests
each householder to furnish a rescep
tacle for "mail in order to facilitate
: ieMery,r ss Jthia; Afclping
out the postoffice in making prompt
delivery and will save householders the
expense of providing boxes them
selves. It is expected that these boxes
will arrive in about two weeks and
they will be delivered by the bank
to every house where they will' be ac
cepted. Reports That TorreOn Had Fallen De.
nied by Villa.
Juarez, Mexico, Dispatch, 1st.
Reports that Torreon had fallen
were definitely denied by General Vil
la late today. His telegram was based
on a message of congratulations "on
the fall of Torreon" dispatched to
him yesterday by Col. Fidel Avilla,
chief of arms of the garrison here.
General Villa replied as followsr ""'
"Gomez Palacio, April 1st, 1914.
"Colonel Fidel Avilla, Jefe de Us Ar
mas, Juarez. .
"In reply to your message, I wish
to state that while I have taken a part
of the city of Torreon, the struggle is
not yet completed. I expect to obtain
a triumph of which I will advise you.
(Signed.) GEN. FRANCISCO VILLA.
Details of the struggle reached here
today were brief and showed that the
relative positions of the contending
forces have not changed to any extent
in the last five days.
Mr. H. C.Coley of Laurinburg
has opened up a livery business on
First street in the Mclntyre stables
formerly occupied by Morrison Broth
ers. Rev. J. S. Snyder, pastor of the
First Baptist church of Fayetteville,
and Rev. C. H. Durham, pastor of
the First Baptist church of Lumber
ton, will exchange pulpits Sunday,
morning and evening.
As a result of some improvements
that have been made on the machine
at the Pastime theatre the motion
pictures shown there are now much
more steady and distinct than they
have, been for some time, and less try
ing on the eye.
Prof. J. R. Poole and Mr. H. E.
Stacy will attend the county com
mencement at Raeford, Hoke county
SfSwMWM'l deliver an
address at 11 a. m. Mr. Stacy is a
forcible speaker, and Hoke is fortu
nate in securing his services.
Mr. W. M. Niven sold Tuesday to
Mr. J. H. Floyd his interest in the
Lumberton Marble & Granite Com
pany. Mr. Niven had been associated
with Mr. I. V. Hooper since the organ
ization of this company something
like a year ago. Mr. Niven has not
yet decided what he will do, but he
is considering, a proposition of going
on the road for this same company.
At a meeting of the board of di
rectors of the Farmers & Mer
chants Bank this morning Mr. E. L.
Whaley was elected assistant cashier
of the bank to succeed Mr. Wayne
Caldwell, who resigned to enter a
business college. Mr. Whaley has
had quite a bit of experience in the
banking business, having been book
keeper in the Bank of Lumberton for
several months, but resigned more
than .a year ago on account" of his
health; '
BRIEF LOCAL NEWS ITEMS.
License has been issued for the
marriage of Daniel Powers and Mary
Taylor.
Farm Demonstration Agent J. A
Boone, Jr., left this morning for Or
rum and other points in South Robe
ion. Messrs! E. W. Caldwell and A. V.
G. Wishart left last evening for Bal
timore, where they will take a course
in Saddler's Business College.
Mr. R. Humphrey of Saddle Tree
was among the visitors in town Tues
day. "Mr. Humphrey says the farm
ers in his section are very busy plant
ing corn.
Mr. L. H. Caldwell was ordained
as a deacon of the First Baptist
church last night He was ordained
by the pastor, Rev. C. H. Durham, as
sisted by Rev. I. P. Hedgpeth.
Dr. T. A. Norment has a card
in today's paper announcing that ha
will begin the practice of medicine
again. The doctor had not been prac
ticing for several months, having been
engaged in the insurance business.
Miss Francis Womble, of the -State
Normal, Greensboro, returned to
Greensboro last 'evening after spend
ing several days here inspecting the
work being done at the graded school. .
Mr. A. Weinstein and two wall
daughters, Miriam and Mildred, re
turned Tuesday from New York and
Baltimore, where they spent several
days, Mr. Weinstein purchasing goods
for his large department store. Mr.
Weinstein says he bought just what
the people of this section want. Watch
for his ad in Monday's paper.
Mr. A. H. Hinds has recently
made some great improvements in
the appearance of things- about hie
meat market on Fourth street. He
has had a new coat of paint applied,
and installed a large refrigerator in
which 2,500 pounds of meat can easily
be stored at one time. Three thous
and pounds of ice can be stored around
the refrigerator.
The Pastime theatre will put on
Monday the third of its Monday spec
ial features. The picture on that day
will be "What the Gods Decree," a
great four-reel feature that everybody
should see. The show will begin at 2
o'clock and all who .can are urged to
attend in the afternoon so that those
who can go only at night may be able
to obtain seats.
Mr. Ertle Carlyle, one of Lumber
ton's champion debaters, received one
day recently a letter from Wilmington
asking that he go to WilmirTgton some
time during the summer and address
the boys brigade. The boys may not
win the Aycock Memorial tv but
they have already won considerable
notoriety. Mr. Carlyle says he in
tends to go to Wilmington and 'ad
dress the boys some time in the not
distant future. Lumberton should feel
proud of her high school boys.
Mr. A. C. Johnson, editor of the
Rowland Sun? has purchased the type
and fixtures of the Robeson Advance,
and will next week begin the publica
tion of a weekly paper in Lumberton.
It will be an eight page paper and
will be known as the Lumberton Tri
bune. Mr. Johnson has for several
years been editor of The Sun, and will
continue to publish The Sun at Row
land. Mr. Johnson says he will after
next week enlarge The Sun, making
it eight pages instead of four, as here
tofore. Messrs F. J. Thomas and A. R.
Boylin have fitted up a nice sanitary
room underneath the brick building in
which the Southern Express office i3 .
located, near the eSaboard station, for
the purpose of handling ice, and after
Monday of next week will be prepar
ed to furnish ice to the citizens of the
town. The room which they fyave
fitted up is made according to a late
discovery, in which ice can be kept
without the use of sawdust. Mr. Al
bert Boylin will be in charge of the
storage. , - '-. w
Mr. F.A. Wishart killed an alliga
tor Monday afternoon at the Lennon
mill pond, near Bellamy, that meas
ured 6 1-2 feet. He brought the 'ga
tor to town behind his buggy, and?
quite a crowd gathered just in fronts
cf The Robesonian office, where Mr.
Wishart stopped with his game. Mr.
Wishart got some good advertising
out of the 'gator. - He had just opened
up a blacksmith shop on First street,
and on that 'gator's head he had
poster tellirig about the shop, so to see
the 'gator meant te see the ad. ' -
Some of MjssoBcUcm8a