North Carolina Newspapers

-,- vifey ;.JJ: Salisbury, N. C, Wednesday, September 13, 1906. WM. H. STEWAQTipDITOR. SW'SviKiyL C CK 1.3 1 X . M f I; sy. I 1 -.i, . xi : .II.- II II i i -w. -i : IPif Vm I Mn .Qfi i -; "V 'v 'II-'- . .5- ,3-..;j!:-, iWvi, WW I I IS ! ! i' K'V-S . .-. ,ifiT iii ii ii 1 1 , ,m iih Mini mil mmtmmtmmtmmmmmm OFFICE OF PUBLICATION: OUR OLD TRIAL OF THE GARUTHERS. Peculiar Termination of their Trial for Fe lonious Assault. 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 defense. 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 court. 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 dtm- dow DEATH ON THE RAIL. Two Men Killed by the Same Train on the Same Night. 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 ing here. 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 timely death. 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, K - 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 e 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 county roads. State vs. Charles Wilsod, lar- - i 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 jail. 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 ket con- tained over a hundred qiees, and consumed almost 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 o ' 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 MendelssohnV We ng "March rendered by Miss Linn, "the bride entered, leaniD fath - ) 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 ; thie trajn for Winston, the ho)me. " l nother Still Captured, j Revenue officers nave u.,-u. f x?pii akain in ii Bon - bforfathrUrs and 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 for aoc two, onths. Very nw hAVTA- as de-. Ila hni; thev I oana u Syed about louri -wwr WMuw" m- nn. Jackson A3 IP 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. -i 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 Belk-Harry Co. 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 sought here. 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:'; THE SDH" This Newspaper Property, and the Weekly O6l0be9 in the Handl Of a Receiver-Mr. GeDDerrS Statement. Last Thursday no doubt many of the residents of Salisbury and vicinity were sorely disappointed at the ci0Be.0f the day at not re- I 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 l 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- Uers creditors frorat further -that he came here under repr&senta tonSahdl statements cVi.lf..B . Var nerll I stockholder of the Globe -Iblish- 4& vh.j 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- wyus ai. 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 Prove Fatal. 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 of Henderson: Miss Maud Till- : Jnhnaton. of Salihnrv r Ph vsi- in. v - " - ' J cal Director, Miss Marion Mallett, 0f Fayetteviiie. 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 tuenexii aay. and original system of ateruizmg ine scnopi s supply 01 ftrinxingwater nas Deen maugu- been 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 made it Uholb Jack. LIVERY STABLE SPENCER NEWS. 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 association. 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 the community. 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 J.A.Paily. - w in?? -0uie uaa weather sets in. "V- 1 . it Ved; K.- II 7M. . 11 11