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Salisbury, N. C, Wednesday, September 13, 1906.
WM. H. STEWAQTipDITOR.
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OFFICE OF PUBLICATION: OUR OLD
TRIAL OF THE GARUTHERS.
Peculiar Termination of their Trial for Fe
In the matter of the State vs.
the Caruthers there seems to have
been two indictments, one for con
spiracy and one for felonious as
sault. The trial for.assault came
first, and the evidence was strong
-against the young men that the
jury had little trouble in agreeing
upon their guilt. After they had
pronounced the men guilty and
it was up to the judge to pro
nounce the sentence, the attorneys
for the defense demurred to the
pronouncement of sentence on the
ground of the qualifying phrase
'feloniously" being omitted from
the indictment, which is specifi
cally required in such documents,
and that this omission rendered it
of nan effect. The prosecution,
it appears, acknowledged ,'that it
was not in the original draft, but
. that it had been interlined, and
that the clerk in reading it had
used the word "feloniously."
The matter was therefore left
in such shape that the force of the
indictment depended upon the
court, which, of course, was not
permissible. To settle the matter
in dispute, the bill of indictment
was called for; but the document
was not to be found, and a close
search failed to reveal it. Wag it
non est? Not unless it had been
destroyed. But non comeatable
it surely was, so far as the prose
cution was concerned, and the
whole matter went up in the air.
Justice was bailed and the dignity
of the commonwealth was trailed
in the dust. And by what? A
for tricks of this kind, while rare,
are not altogether unkhown to the
legal profession; and tXat they
"ve been resorted to in desperate
"es IS matter 01 recoru.v. ix, is
Ple5 however, that the
ment Xoy have been laid
loose Bomwje ana wer6 carried
away to palsa unknown by some
favorable windsf avorable to the
The attorney for the defense
asked that the charge of con pira
cy be included in the other ad
greater charge of assault, to make
the punishment for the minor of
fense depend upon the punishment
for the other. This the judge re
fused emphatically. Had he con
sented, it would have resulted in
a mistrial on both counts and the
prisoners would have been let out
on bail until the next term of the
Under the circumstances, the
court did the only thing that re
mained Jto be done ordered a new
trial at some future date.
The case of conspiracy was then
taken up. This case developed out
of the assault case, the evidence
indicating a planned assault. This
trial resulted in conviction, and
the sentence imposed two years
imprisonment for the three pris
oners before the bar.
Pending their incarceration the
defendant attorneys will no doubt
ransack heaven and earth to find
means to prevent their clients be
ing put on trial the second time
for the same offense. Such is law
and the practice' thereof.
iUq ixiuhu important questions
in this affair, to our mind, aL:
is tne abstraction of an indi
mon - 1 it
a pumsnaoie offense? If so
Will t.ha Qfn l .i
Kjvaw pruue tne matter t
find out Whftf.hor hr. : 7x, .
m . gum i
w anair, or whether it was
whim rt 4-U i
- mo wina or some othe,
prank of nature? ID other words
fl.ro n nvaro n . . .
m aa aesa.r 8aid aw wif.
wo auove saspicion?
WOOd! W00d.'-AnV O n A Aaai'.
to pay their subscription i th
Watchwan in wonri LJn ;.fl
DEATH ON THE RAIL.
Two Men Killed by the Same Train on the
Walter Whitmire, son of E. D.
Whitmire, a car-repairer at Spen
cer, met with a sudden and tragic
death late Saturday night. He
was killed by a freight train going
south near Concord. He and an
other young man were beating
their way to Concord, as they had
done before, where the other man
lived; Both were employed by
the Southern at Spencer.
Whitmire's legs were cut off,
and they started "with him for Sal
isbury, but he died before reach
Just how the accident occurred
is not definitely known, and some
think that he fell off, while others
believe the ante-mortem statement
of deceased that he was kicked off
the car by a trainman, which we
are informed harmonizes with the
statement of his companion.
The remains were taken to Eas
ley, S. C, the former home of the
Whitmires, for interment.
Deceased had been married but
a few months, and leaves a young
wife to mourn his tragic and un
The same train that killed Mr.
Whitmire also killed Conductor
Allisin, of Statesville, at Spar
tanburg junction, S. C, the same
nignt The cause of his death is
a matter of conjecture, as he was
dead when found under the trains
seven cars having passed over and
mangled Jiim in a frightful man
ner. The supposition is that he
either fell from-the top of a car
in motion on the track between
cars,jaxthat-haielLQn .the track
while coupling cars, and the Spar
tanburg , coroner's verdict was in
accord with this supposition.
Mr. Allison was unmarried, and
had been in the iservice of the
Southern for some years. The
train in his charge was an extra,
Moonlight, Love and Lunches.
Another moonlight picnic w&s
inQged in on the banks of South
riverHast Thursday night by fif
teen cojje8 chaperoned by Dr.
R. L. Ram,ay au(j wif0i an it is
said -to haveeeil a very enjoyable
affair. Well,ith plenty of leve,
interspersed witv moonlight and
dainty lunches, hy couid it be
otherwise than en jvable ? Oh,
that we all migt beiway8 lov
ing and lovable! Thesding on
the waters of the placid ier by
4- V -vn Vtnvww maavnIa mm13 V
uudbd xiapjjjr jjoujjio uuuiu K)a
larged sufficiently to embrace
world, but for the constant, irr
pressible struggle for existence
and supremacy. When we learn
how to lay up our treasures in the
human breast, one in the other,
we will have no troubled waters
to mar our happiness, for where
our treasure is there will our heart
be also. The inequalities causing
some to starve while others feast,
some to serve in degradation and
others to lord over them in arro-:
gance when we do away with this
condition that breeds envy and
pride, oppression and rebellion,
then, and not till then, will Thy
kingdom come, and be evidenced
by Thy will being done on earth
as it is in heaven. Let us either
stop offering up this prayer, or let
us honestly strive for its attain
STAND, 120 WEST
SUPERIOR COURT ADJOURNS.
The Mill had Too Much Grist, and Coolin't
Grind it All at This Session.
wun fnM twiner cases have been
disposed of since our last report:
1 UC ijiun"(5
State vs. Edward Ford, larceny ;
sentenced to twenty months oji the
public roads of the county, j
State vs. John Clicfe ana lizzie
Ward, fornication and adultery;
Click sentenced to twelve months
on the chain gang.
State vs. John Knox and Minus
Smith, assault with a deadly) wea-
pnn; smun noi ou umi, uwu-
ued as to him; capias as to him.
Knox not guilty. 1
State vs. W. B Kelley, larceny ;
sentenced to ten months m the
State vs. Charles Wilsod, lar-
ceny; given iwn momuB iu
with leave to the county co jimis-
sioners to hire him out.
State vs. Henry Willianfe and
Annie Williams, assault titn a
deadlv weanon : Henrv tp the
chain gang, and Annie 80 cays in
State vs. Henry Willianfe and
Annie mlliams, f ornicatich and
adultery ; iiot guilty. . t I
ci j i t i - -1 i. c I
State vs.John Coleman". Tentic-
ing away etaployes ; continued.
Defendandt uhder $100 boid for
appearance at November tejm.
btate vs. linoch xirown, perju
ry; nol. pros, with leave.
State vs. John Gibson, nuisance
by swearing ; judgment continued
upon payment'of costs ; defendant
put undeT $25 bond to appear at
November term and show that he
has behaved himself.
The court ajourned Saturday
without disponing of xCfr tjbiri a
iew oi tne many civil cas 9,
P J7 i 1 ,T:Jii''r'
docket. The criminal dot
tained over a hundred qiees, and
sion of the court.
the dntire ses-
WINSTON GROOM AND A ROYP BRIDE.
Miss Annie Fisher and Mr. Beraard Miller
m m m 4
NiarneO. i y
The marriage of Miss Anna Lou-
ise, daughter of J, L. Fisher, of
Landis, to Mr. Bernard ; Miller, of mention of its intention to sus-Win8ton-Salem,
took place in Lu- pend publication and as its later
ther's Chapel church Wednesday issues showed signs of improve-'
evening at 6 o'clock. The cere- ment in both , reading matter and
mony was performed by Rev, J. advertising patronage, its discon
L. Morgan, pastor of the bride, tinuance was a surprise to all our
Mr. Alfred Miller, brother of the people.
ffroom. was the best man. The
attendants were John Smith and
Miss Esther Fisher, Charles Da-
vault and Miss Etta-Shnlenberger,
th flower ffirls were . Misses
Ollie Fisher and Minhie' Taylor.
e bride and her attendants were
attired, in white orAndie vThe
churcwas illuminattd with can-
dies andNJecorated w
h ferns and
e strains of
cut nowers under
rendered by Miss
bride entered, leaniD
) J k4
by the groom and foiM'i
took the vows that made theil one
for life. 'fe J
A tempting feast was spAfbr
the bridal party before leayjit f or
cue cnurcn. lmmeaiateiv
the ceremony the coup
trajn for Winston, the
nother Still Captured, j
Revenue officers nave
u.,-u. f x?pii akain in
ug i,u i; inPKsndpated:Mfftel very much like the
yesterday ran across a til about
wo miles from Faith,f f0;W
to Alex. Jackson, wnicnr nas
an in operation
onths. Very nw
Ila hni; thev I oana u
Syed about louri -wwr
WMuw" m- nn.
INNISS STREET, NEXT TO HARPER'S
A GUARANTEE, LOAN AMD TRUST CO,
A New Venture-iik the Salisbury Business
world Much Stock Subscribed.
E.P.Wharton and Robert C.
Hood, representing the Southern
Life and Trust Co., of Greensboro,
have formed a company here to be
known as the Guarantee Loan, Re-
alty and Insurance Co., with an
authorized capital of $100,000, of
which $20,000 is 'paid in. The
new company will absorb the bus-
iness of McCubbins & Harrison,
who will manage the new enter-
prise, ine corporators are Hi. r.
Wharton, J. S. McCubbins, E. H.
Harrison, John S. Henderson, Jas.
H. Ramsay, B. B. Miller, John L.'
Rendleman. A. Lee Smoot. Robert
Hood, V. Wallace & Sons, F. R.
Brown, A..E. Davis, W. M. Har-
ns & uo., s, vx, ryson, rv. u. xiooa,
W. H. Huff, E. R. Overman, Linn
Bernhardt, T. G, Williamson, C.
L. Hall, Rowan Hardware Co., E.
J, Roseman. J. J. Stewart and
The object of the company is to
do a Joan, real estate, life an dK fire
insurance business. The insur-
ance companies affiliated with the
Southern Life and Trust Co., of
-t ; i i i i j
vrreenBooro, uave auuumuiauwu a
surplus above their power to use
at Greensboro, and an outlet is
The premiums paid for insur
ance here will be reinvested here,
so the town wiU receive the bene
fit of such payments.
The company will receive mo-
ney to loan, and guaraneeTta the
lender both principal a rnperes,
o-nA will ncflfint, fistat.fl fhr sn.l
or to rent:';
This Newspaper Property, and the Weekly
O6l0be9 in the Handl Of a Receiver-Mr.
Last Thursday no doubt many
of the residents of Salisbury and
vicinity were sorely disappointed
at the ci0Be.0f the day at not re-
o.ivincr. aa nsnal. a conv of thfi
. , - 7
Salisbury Evening Sun. On the
day previous the paper made no
Mr. William M. Geppert, the
manager of the Sun, on Thursday
filed a-petition, through J. H. Bo-
rah, his attorney; for the appoint-
ment ot a receiver.
Mr. Geppert says the Globe Fub-
lishiug Company is in debt, that
the assets are insufficient to carry
on the business, and the property
will be destroyed unless placed in
proper hands, and that he applied
for Receiver in order to protect
himsell and the other s6ckhold-
he came here under repr&senta
tonSahdl statements cVi.lf..B . Var
I stockholder of the Globe -Iblish-
charge of the
I cencerri, buying' an interest ih' it;
ut&ejMithiihe sihcere purpose of devel
'l.omnff 4.h. tirohrtv-'ii.nT Tnalrincr a
dailjr and weekly newspaper wor
thy of Salisbury and vicinity ; but
unfortunately these representa-
tions'dioi not turn out', as' antici-
My father and jmyself believed the
statements in regard to the coudi-
tion :qf the'qompany to be correct,
not sTipposing ; that, other things
thU unknown to us would sturn
up in the f aturei" ;x
; yr, . liumpie, mucn improved
las returned from his annual, va
Qation spent ailBlowing- Rock. V
FRIGHTFUL FALL FROM A TREE.
Daniel Kennerly ReceWes Injuries that May I
Daniel F. Kenerly; a resident of 5 BP Its Fence lli 8St Spencer.
Chestnut Hill, while in the country One evening last week ground
last Sunday climbed a tall tree on was broken for the erection of the
Phillip Sowers' place, two miles new Railroad Young Men's Chris
east of Spencer, in attempting to tian Association building, and the
get some muscadines, and fell ceremony was participated in by
from the tree to the ground, bus- representatives of the different re
taining such injuries as may prove ligious denominations and town
fatal. His left thigh was broken, government and was witnessed by "
left shoulder dislocated and collar a large crowd of people,
bone broken, and his whole left Under the direction of Mr. A. -side
was badly bruised. The dis- C. Van Campen, secretary of the
tance he fell was supposed to be association, an appropriate po
about f orty feet, and it is not gram for the occasion was carried
known whether the limb broke or out.
whether he just lost his hold that President Burton in a brief ad-
caused mm to tail.
He was taken to the Whitehead-
wuui.oo Duauiiuiu iiut Biwiuiouu,
where he lies in a critical condi-
tion, but with the recuperative
powers of youth in his favor, he
being about eighteen years old.
SALISBURY GRADED SCHOOL OPENS
With a Good Attendance List of Teaeh
ers Drinking Water.for School Boiled.
The Salisbury graded school re
opened Wednesday, morning with
the largest enrollment it has yet
had, and the number continues to
increase daily. On the first day
750 pupils were enrolled, and it is
expected that by the 14th, when
classification ends, 'the number
will be increased to 1000.
The following is a list of ,a
teachers for the ensuing term:
First Grade Miss Mittie Lewis,
of Goldsboro; Miss ;Neita Watson j
Henderson: Miss Maud Till-
: Jnhnaton. of Salihnrv r Ph vsi-
v - " - ' J
cal Director, Miss Marion Mallett,
Second Grade -Misses Annie
Kizer and Edna McCubbins. of
Salisbury; Miss Ellen Ogburn, of Despite; the fact that Tthe citi
Greensboro. zens t)f East Spencer got out an
Third Grade Misses Sadie Da- injunction to stop the railroad
vis and Lottie Eagle, of Salisbury, company from enclosing its right
Fourth Grade Misses Jessie Qf way on the eastern side of the
Lawrence and Tohnsie Coit, of road, the company seems i deter
Salisbury. mined to erect the fence j charter
i f t h Grade Miss Sethelle rights or no charter rights. tIf it
Boyd, of Barium Springs, N. C ; carries out purpose of running the
Misses Annie Rabe and Eugenia fence along the line first matted k
Harris, of Salisbury. out, it will render much of the
Grammar School Miss Flora property on Railroad avenue ut
Chapman, of Anderson, S. C. ; terly valueless. In some Cases the
Misses Sadie Kluttz- Eleanor Wat-
Bon, Jennie buinvan and baiome
I ttt-1 r i
vvuson, oi oansoury.
Hl8h School Miss Susie Saun-
ders, of Washington, N. C. ; Mr.
xx. vy. nwu, w v.iuuuv, x.v.,
v- Ui OB11BUU auu
Mr- J weDD' OI SP-
&e cnuare&i were dismissed at
AVW i0uiai "" uSau
and original system of
ateruizmg ine scnopi s supply 01
ftrinxingwater nas Deen maugu-
ratea, ana it is nopea mat it wijl
prcJve lenelicial7 and- BUceessf ui;
City wa;terwwiii be ttsed instead of
Well Water.. It Will PaSS tUrOUgn
a submerged boiler, and thence
conducted by pipes through weimfce depot is being enclQsedL and
water to twelve spigots in tne an-
ferent rooms, by: which process it
is. expected thathedrinking wa-
tap Will ho b-flrtt. of tha Bomil tam.
perature as ihe well water7T
; ;ficklfroi St;Pijj;(
Fodder-making is,!:abbiit' over,
cotton-pickinghas .begunj a few
farmers are sowing oats and a few
others are making hay...'.
H. C. Honbarger., ba a barn
raising last Thursday. ; V
The sick : folks 'of the neighbor
hood are ; mostly improving. Of
the" three cases of typhoid fever
two are abld to' be but again.
Mi T. Yost has bought - himself
:a qow. , : . Mm:t
eprge Goodtuan - wanted more
'Uasses" and he Taised cade and
Ground Broken for the R. R. Y. U. C. A.
Building The Southern said to be Put-
dress reviewed the work of the
association during the past five
joais uu ilh struggle to secure
better quarters, which has finally
baen crowned with success. The
money problem, however, he said,
had not yet been presented to the
Mayor Lively spoke on behalf
of the town. He thanked the of
ficers f oi keeping up the organiza
tion in Spencer, spoke of its value
to the community, and urged all
its citizen to support the associa
tion in its work, and congratulated
the officers on their successful en
deavors. Rev. J. E. Gay, on behalf of the
churches, spoke of the value of the
association to the young men of
At the conclusion of each speech
the speaker took a shovel full of
earth from the building site and
threw it into a cart arranged for
thepurpose. 7 .,
; The Spencer, Cornet Band fur
nished thenmsi f or thdccasion
ia. t iL$L&-:'jt
a". F. A. . . w""ruiil
rm8 waB iniuairpuDiia?ppear.
' g 7
-THE FENCE TO BE BUILT.
step8 and porches of buildings will
ho va tn hp TamnxraA. rA vnATu
a front outlet from many build
lings impossible. '
The company says its purpose is
to stop the thieving said to be car
ned Dn by tne residents of Sugar
Springs and vicinity. On the other
hand, some East Spencerians lay
the company's object is to ruin
their town for the purpose of;en-
hancing the value of property inl
Spencer, ' where they allegetbji:
company holds land property jn.
j the haud3
-Since putting the above in type
inVity ha& elicited the faefcthai
rt fr,na ia hointv hnilt nan
riKb,t of way; The loi'embracinjr
th lumber is on the ground for
enclosing the western part of tthe
yard j but if tl(e fence is buUirbii
- - ' ' , -t ... .,.:.
' the eastern aide the probability .
11 ' ill . T - ' 1" t in m
tnac ivwui wuuraoe dui nail; 01
the right' of way, leaving Railroad
avenuV a fifty-foot street . .
THE DAltT CONOEBT OFF."
the concert .to be given oti ih :
night of the 6th by the Daily Quar
tette did not come off-v" The' rea
son is explained by the "following
message : , . ; :.x- v , .mm?i:
, , . , Charlotte, Sept 'iMMm
Rev. j; E, Gay, Spencer; m6Mp.i
Chatauqua won't let us off.?.Pdt ;f 3
-0uie uaa weather sets in.
7M. . 11