Newspapers / Wilmington Morning Star (Wilmington, … / Oct. 28, 1909, edition 1 / Page 1
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VOL. LXXXV K6. 31. LEADER OR REBELS OF VICTORY Confident 'Zelaya Govern ment Will be Overthrown in Nicaragua. GEIll ESTRADA'S ' .1ESSA6E Nicarapuan Minister To United States Had Resigned Revolutionary Movement Gaining Control. The Situation. -. Bluefields, Nicaragua, Oct. 27. Gen eral, Estrada,1 the leader of the, revo lutionists, has sent, the following dis patch In response to telegrams receiv ed from President Zelaya's friends In the interior, condemning the action of the revolutionists. "We are sure of victory. "We" fight not against Nicaraguans nor Liberal lata. We seek solely- the solution of a deplorable, situation in the country. If Zelaya resign the power we- will lay down our arms at once. Not hav ing honor or patriotism, he will not do this and we will arrive at Managua and force him -from theN presidency, which he go discretes at the point of bayonet. He destroys society and menaces . civilization. We will fight against brothers and fathers , if the welfare of the nation so requires." This is ' our 'irrevocable . decision." . This message was ' signed by Gen eral Estrada and many other -promin ent liberal leaders who have joined him in the effort to overthrow the present aammstrauon in Nicaragua., The majority of the troops which were defeated Jn-4he : engagements at San Carlos have joined General cnam oro, who is guarding the coast from attack by wajr'of .'Saft'Tuan valley. 4 . Washington Oct ' ? 27. Senor D. Don Espionbsa, . minister front -Nicaragua to the - United States, nas re signed. ' '' ' u ; Dr. Espibnosa originally tendered his resignation to President Zelaya on SeDtember 20th. but 'the latter delay 7 ed in accepting it; in view of the 'de sirability Of keeping the minister here during the .present, critical conditions in Nicaragua.' Saturday last, the min ister learned that his younger brother. Amelio, Was acting' in the capacity of General Minister, of the Provisional Government set up by the revolution ists. As soon as he learned this the minister cabled to President Zelaya urging a prompt acceptance of his res ignation feeling that it was not proper that he should act in Washington as minister tf the regular government in the circumstances holding that pride and decorum . prevented .-. this. . The President immediately telegraphed ac- a . a. cepung xoe resignation. i. .. j . j . r I HIX WILL RECEIVE SEABOARD. Re-Organized Company Will be Trans ferred to Officials Nov. 4th. New York, Oct .27. At a meeting of the board of directors of the Sea board Air Line Railway today arrange ments were perfected for receiving the property which is to be turned over by the receivers at midnight on November 3rd. ;C. H. Hix, general manager, was designated to receive the receipt for . the railroad, real es tate and all physical properties of the system in behalf of the board of di rectors. All moneys, runes and secur ities will be turned over to the treas urer, Robert L. Nutt, and the secre tary, D. C. Porteous. who were author ized. to receipt for the same. A special committee of the bdard was appointed to fill the existing va cancies s in the organization, includ ing that in the office of president The amount of cash which will' be turned over to the-railway by the re- . colvers and by "the reorganization committee being largely the proceeds or securities recently sold, will am oti"t to more than 12,000,000. The company will start business free of all floating debt and with a considerable balance in the treasury after tne payment of all receivers' cer tificates ahq other current obligations MEXICO FLOOD WORSE. Water Still Rising in Some Sections : ' Lotfl 93.000,000. Mexico City. Oct 27. A special dis natch from San : Juan Bautista savs that the Grijlltvia river at that point is still rising and the poor in that city and throughout the flood region are starving Owing to the impossibility of sending out provisions. ' The tota damage will exceed $5,000,000. Re ports from Hulmaguillo are that the Mescpilla river is slowly receding but the north part , of town is still inun dated. ' , .'.,; Tenoslquei ; Ueumacinta, Estapllla Cerro and Carmen are all flooded' and the inhabitants have taken to high lands in boats.' Crops are a total loss in this region. The maximum height oi water in Cerro and Carmen is 32 inches, while in Pomoclna the water stands six and A half feet in the main streets.. Trees and driftwood are floating through ' villages, destroying adobe houses and forcing families in to the water. 'Petty thieves have tak en . advantage of '.the situation - and SURE many homes nave been lootedM HEW vYORK CITY CAMPAIGN Three . . Mayoralty . Candidates ... Am Bringing it to a Strenuous Close. Judge Gaynor to Foreigners. ' Hearst Democrat. ' New York, Oct 27. A drizzling rain fell in New York tonight but despite the weather .three mayoralty candi dates delivered ; collectively fifteen speeches. Otto T. Bannarh, the Re publican nominee, led with nine curt, business issue addresses in Harlem and in the Bronx, William R.' Hearst, who Is running independently, spoke at Carnegie Hs.ll, once in Harlem and once in the Bronx, and William J. Gaynor v Democratic and backed by Tammany Hall, sftoke three times in the heart of Manhattan Including an address to Italian Democrats at Cooper Union. Crowds greeted the speakers everywhere. - V The meeting which Hearst address ed at Carnegie Hall was announced as a ' Democratic mass meeting ' and the editor although .he made an attack on Tammany, the principal part of his address, emphasized, that he was for all time a Democrat, but an exponent or independence In politics. - Judge Gaynor's remarks tonight were largely addressed to foreigners and he consequently dwelt particularly on the "Personal liberty" issue so dear to the continental mind. . At the Cooper Union meeting one of the sneakers was Coroner Acritelli, who outlined the campaign conditions to his countrymen in their native tongue. . "The white slave.'1 charge, as made by a writer in McClure's magazine was denounced by the Judge as well as by Other speakers who laid stress upon the charges as they related to the; Italian people. The- "cadets" re ferred to In the article ware Italians in many instances, ' the., writer said,' and this -declaration .was. branded by Gaynor and others as an injustice and a lie while the assemblies cheered in sympathy. ; - j.: CUMBERLAND FAIR Brilliant Opening Yesterday Prizes 1(1 'riuonnniuBU niii iitngi - (Special: Star Telegram.) , - " Fayetteville. N. C, Oct. 27. The Cumberland Fair was formally open ed today among the features being a brilliant and spectacular, street page ant consisting '.of decorative '. floats, carriages, automobiles, advertising floats, a hundred mounted marshals, etc. The exhibits In all departments are pronounced by prominent parties who have been visitors and exhibitors for many years, to be the best in 20 years, with the exception of live stoc which is very good. The midway at tractions are of the highest class ever seen here, -while the racing is. excel lent. The varied class of agricultural exhibits indicates the great versatili- tv of Cumberland soil products,, and shows including almost, everything grown in a. temperate zone. The corn and fruit exhibits are especially nota ble. The first prize , for decorative antomobile float in the street parade was won Dr. Seavy Highsmith. while second prize went to Dr. J. V. McGou gan's machine. First prize for decor ated buggy was won by Mrs. Bella Carson's turnout, driven by Miss An nle T. McMillan. The Manchester school float which was artistically beautiful, won first award in its clas3, The attendance was very good today, but all records are expected to be broken tomorrow when it is believed there will be the largest crowd seen here since the centennial celebration in 1889. Owing to rains up the country, the CaDe Fear River rose to 5 feet this morning. The steamer Lisbon, which has been chartered by the Merchants and Farmers Steamboat Company, and the C. W. Lyon, was expected tonight, OJL COMPANIES FINED. Charters of Two Texas Companies - r Also Cancelled. Austin. Texas. Oct 27. Judge Cal houn, of the District court, here today entered an order'assessing the Securi ty Oil" Company with penalties of $50 a day from July 23, 1U3, to iNovem ber 6. 1907, when an injunction was issued, stomping an aleged violation of the anti-trust laws. The fine ag gregates $75,000. The charter was cancelled and the company perpetual ly enjoined from doing business in the State. - - -. The Navarro Refining Co., was pen alized $50 dally from Oct. i2, 1907. to Nov. 6. 1907. amounting to .hjvv This charter was also cancelled and the comnanv ousted. . Guy Collett of Austin, .was appoint ed received for both companies witn instructions to advertise the proper ties for sale on December 7th. A judgment of $60j)00 against the Standard Oil Co., of. Indiana, will be enforced in garnishment proceedings against the Gulf, Colorado & Santa Fo Railroad. A judgment cf $75,000 against the Union Tank Line Company will be col lected if the receiver can dispose of the property in hand to pay the fine. RAILROAD TELEPHONE SERVICE Will be Used by Several Lines Includ v . inq Coast Line. Richmond, Va.f Oct 27. It Is under stood that the Atlantic Coast Line Richmond. Fredericksburg & Poto mac. ' Seaboard " Air Line and Chesa peake & Ohio Railroads have signed an agreement to substitute the tele phone for telegraphy in the operation of trains. :t ; c : ' " " 1 i WILMIKGTONj K. C.TITORSDAY HORNESTG, WftTRIHS' TRIAL AT ASHEVILLE Defendant Had an Inning in ,The Testimony Yes terday. BUNTING'S HIGH CHARACTER Several Witnesses Testified to His Standing Dying Declaration Ad mittedCase Now Near ing a Conclusion. t N (Special Star Telegram.) Asheville, N. C, Oct. 27. Today's session-of the trial ol F. C. Watkins for, the killing of John Hill Bunting, Black Mountain August 7th, was featured by the production of evidence highly beneficial to the defendant. C. E. Adams, of Atlanta, testified to hearing Bunting and Collins using profane and vulgar lauguage and of his efforts to quiet them; his wife told of hearing the men using profane lan: guage and of being greatly frightened. Proprietor Manly, of the hotel, testi fied that Clem Jones told him the men had Watkins down - and. he had to shoot, Watkins -sister, Mrs. Craw ford, testified that Gowan told her the men had Watkins down and her hus band said that Jones told him the men had Watkins down. ' Dave Glenn testified that Jones told him. the men had Watkins down and that he thought the men were going "to kill, us." . Leslie Hummel, clerk at. the hotel, testified that Jones told him the men attacked Watkins. A number of wit nesses testified to defendant's good character. The cross-examinations were rigorous and whatever, matter contradictory were developed .will be used, in, argument The. crpk8rfiiamin- ation by Judge Jones, of the defend ant, was resumed when court met yes terday morning and witness was ask ed about statements he made to news papers-some hours after the tragedy with a view to showing that they did not: correspond to some of those he made to the court. Witness denied the Correctness of certain statements. He denied that he had caused $ statement he signed to be published With a view to Influencing public sen iment and also denied that he had been to various sections of the county talking about the case to influence" sentiment and that he had agent? around seeking to influence people. He said he had no -money 'to use foi any such purpose, saying that while he had sold a place for some $3,100 he had used $3,000 of this money In a few hours to buy a farm. He had hot furnished a 'cent to get witnesses here and no one had done this for him so far as he knew. He admitted that he was intoxicated once and denied that he had engaged in the sale of near beer, although he had kept his store open Sundays. On re-direct ex amination he said that he had killed the negro of whom he spoke the day before, because the negro . had cut through his door with an axe and nearly struck his daughter with it ' C. E. Adams, a cotton broker of At lanta, who said he had been at Black Mountain for his health, was called to the stand and when the ladies retired testified . that he was awakened by talking and heard two intoxicated men using profane and - lewd talk. which he detailed. Mrs. C. E. Evans testified that she was awakened by. cursing but she was so much shocked she did not know it there was vulgarity' used. Her hus band went to quiet the men. and then went a second time and said: "You ought to be . ashamed of yourselves,1 and tome one made a reply she did not hear. On behalf of the State Miss H. Z Eller testified that she was nurse at the Mission Hospital and half an hour before the operation Bunting said he. was going to die. ne Bam. i am going to die."; In view of Dr. Fletcher's tes timony -which the court considered might have held out to Bunting some possible ' hope of recovery. Judge Adams consulted authorities but then allowed Bunting's statement to stand as a dying declaration, this being that he was shot for nothing. . waiKer Taylor, t. u. Meares, . vv N. Harriss, former Mayor of Wilming- ton. and Rev. R. W. Hogue, of Chapel Hill, testified that Bunting's character was good, as did Rufus Weaver and Harold E. Johnston, of this county. HAMPTON TRASURER INDICTED failed to Turn Over $25,000 of Coun ty's Funds Shortage. ": Hampton, S. C, Oct 27. Charged with failure to turn over $25,000 of public funds to his successor, former Treasurer Langford, of Hampton coun ty, was - indicted here today. In Its report the1 grand jury also asked the solicitor to submit a bill charging Langford with embezzlement bonding company's check for $20,000 recently was accepiea dv tne state in settlement . for Langrora s snortage r ' -: NOVEMBER 1ST.' ' . rtttAft . an . account at? the " PeoDle'i Savings ' Bank now and, you will re ceive Interest from November 1st This banK . serves - an ciasBes, oi young, rich andpoor, ; 3t misms SOUCITOHSHIP Appointed to Succeed Jones Fuller in Ninth District Supreme Court . Opinions Important Railroad ' Connection Notes. , , (Special-Star Telegram.) Raleigh, N.'C.,'; Oct 27. Governor Kitchin issued a commission this af ternoon . to Hon. S. M. Gattis, of Hills boro, as solicitor for the Ninth Judicial district, succeeding Jones Fuller, re signed, to become counsel for the Rex- all Company, of Boston. Mr. Gattis jp ex -Speaker of the Lower House of the State Legislature, and is Grand Master of .the North Carolina Grand Lodge ef Masons The life of State Bank Examiner J. D. Doughton, whos ill of typhoid fe ver at Lenoir, is reported hanging in he balance - The hemorrages that caused life to be despaired of have been stayed and it is now a question of vitality. Eight opinion were delivered by the Supreme Court this evening" as fol- ows: . iState vs. Draughon, Sampson, new trial; Champion vs. S. A. L. Rail way, Edgecombe, new trial; Lumber Company' ve. A. C. L. Railroad, Samp son, affirmed; State vs. Parrish, Wayne, new trial ; State vs. Parry, Cumberland, affirmed; Kindley v3. Barrett, Union, affirmed; Bridge Com- oariy vs. Commissioners, Chatham, af firmed. . ' President Young, of the Negro State Fair, declared in his address opening he fair In progress this week, that he crying need is for .the negroes of the South to be let alone by misdirect ed Philanthropists of" other sections. The race situation, he said, is a prob- em for the Southern people and not 'or the North to settle. "Every time outsiders interfere, trying to change conditions here they make it worse or the negro Let us alone and every thing will be right between the South ern white people and the colored peo ple," he said. - 1 Business men of Raleigh are delight d at the announcement that there 13 o be an extension :)f the Raleigh & Southport railroad four miles from- lection will be made 'with the Atlantic loast Line, Aberdeen and Rockfish md the Virginia. Carolina and South ern railroads, with a . view, it is be- leved, of establishing, a through train service between : Raleigh and Marion C. over the Raleigh and Southport, lhe Virginia. Carolina and Southern nd the Raleigh and Charleston While the officials of the Raleigh and Southport will not discuss the signifl ance of their proposed extension to -lope Mills it Is believed here the Nor "oik and Southern is Interested. The Raleigh and Southport has been de eooed into a very valuable property iy President Mills and nis aides. Persistent reports that L. D. Rob- "nson, Wadesboro, will resign the so- icitorship in the Eighth judicial dis rict are having the effect to bring ut into the open a number of aspi- ants for this plum. It is learned that ee county has endorsed Hon. A. A. i Seawell. of Jonesboro, and that W. 1. Siler. Chatham, and R, W. Lem- non, of Union, are also getting ready lo try for the appointment. ERWIN MILLS TO CURTAIL greed to Shut Down One Day Each Week New England Mills Durham. N. C, Oct 27. The Erwin Cotton Mills, representing the largest lumber of spindles in the South,' has agreed to shut down one day each week, following the action" of Ark- wrights of New England. The propo- ition to relieve the congestion in fa brics has been agreed upon in all the Durham mills, representing two nun ired thousand spindles, Lawrence, Mass., Oct. 27. A num ber of cotton mills in this vicinity will 'oin the curtailment plan decided up on by mills in Lowell, Manchester ind' elsewhere. The Pemberton and Everett mills of this city and the Methuen in Methuen will shorten their running time between November 1st and January 1st 108 hours. They represent . about 700.000 spindles and employ 3,000 operatives. OUTLINES. The Erwin Cotton Mills, represent ing the largest number of spindles in the South, have agreed to close down one day each week in order to curtai 'he output The delay of the river steamer Oleander, conveying President Taft and party down the Mississippi, wrought havoc , with his schedule yes terday .The fleet or . Doats leit mm and he will not arrive at Vicksburg mtil dark, tonight Japan's policy toward Korea will not be affected by he assassination of Prince It was decided at a meeting of the Board of Directors of the reorganaed (Sea hoard yesterday that General Manager C. H. Hix receive the road from the receivers on the night of November ith Wilbur WIright in a' flight yes- terdav was accompanied by Mrs. Van Deman, the first woman to ascend in an aeroplane It is believed that the six persons saved from; the ill-fated steamer-Hestia are the only survivors of the 41 aboard New York mar kets! Money on call firm 4 to 4 1-2 ruline rate 4. closing bid 4 1-2, offered at 4 1-2, time loans easv; flour steady with a small local iraae; wneat spot steady No. 2 red 1-25 nominal eleva tor. No. 2 red 1.21 1-4 asked to arrive f. o. W afloat; corn spot easy, No. 2 09 elevator 62 1-2 f. o. b." afloat; oats spot barely , steady : mixed nominal turpentine quiet ; rom sieaay. f. ,. OCTOBER 28, 1909. FS BOAT LEFT BY FLEET The Oleander With Taft Reached Memphis Two Hours Late. DELAYED ON RIVER TRIP Will Not Reach Vicksburg Until Dark Tonight In Memphis Speech He Again Urges Necessity of Waterways. Helena, Ark., Oct. 27. President aft's river schedule went all to piec es today owing to the inability of the vessels following his flagship, the Ole ander, to maintain the designated speed. The President tried to re- main with the fleet as far as possi ble, and delayed his arrival in Mem phis three hours this morning in order that the boats carrying the 26 Govern ors and the 17 Congressmen as well as other vessels carrying delegates to the waterway convention in New Or leans might dock at the same time. Leaving Memphis an bour and a half late this afternoon the Oleander had to press forward at top speed in order to reach Helena at 8 o'clock to night, two hours behind the scheduled time. In making the run the Oleander left all the other vessels of the fleet far in the stern. Delays have wrought havoc in the schedule. In leaving He&ha nearly three hours late tonight the President will not reach 1 icksburg until after dark tomorrow night, that being his next' stop. Even to make that city by 6 o'clock, the President will have to leave the other vessels behind. It has been Mr. Taft's desire to ride over the battlefields at , Vicksburg and he mat be unable to do that because of tlie.dalajc-JLtliad'beett-iateaded tbat the- President- should be welcomed once .more to Arkansas -by Governor Donaghey, but the Governors' boat was an hour behind the President and the introductory speech was made by Mayor Martin. The President spoke briefly from a stand erected in the center .of the city. The night air and the bad con dition of his voice did not offer favor able circumstances for a longer ad dress. . Mr. Taft received a noisy welcome n Memphis today. As his boat drew up to the levee the place swarmed with people. The roofs of tall build- ngs fronting the river also were crowded. The delay of the arrival caused much confusion and two . Cab inet officers came near getting left on the return from the auditorium, the automobile plan having gone all away n the confusion. ' The President spoke first at Mem phis at the Y. M. C. A. and afterwards made a waterway speech in the audi torium in which he declared that such commercial advantages as the Missis sippi river already afforded were not taken advantage of as tney snouia De He nointed out the hard work that would have to be done to start a sys tem of commerce. The trip down the river, according to the President, nas amply demon strated the inadequacy of present riv er traffic to compete with railroads and the need for deep waterways Speaking of the occasion of the trip, the President said: . 'Some will say that the trip is merely a free junket; but those who know understand that the time of the men who are making the trip is too valuable and they could not afford to tsnend it except to. impress upon tne country what is one oi me mosi im nnrtant issues of the time.T.YV. c ' m A . x M "Coneress has the power to improve the riverways. They have spent much mnnev. but have not entered -into a ceneral plan. We all realize that if we do anything effectively and eco nomically it must be on a general plan. If it is proved practical I be lieve It ougnt to De none, ana uouts quickly. We ought to treat It like we have treated the Panama canal issue, but not in piecemeal. Let us center on a general .plan and issue bonds." - ' JAPAN'S TRAGEDY; Believed to Have Been Planned by Koreans Country Mourns. . Tofefo. Oct 27. The body of Prince Ito, the, murdered - elder, statesman of Japan, will be taken aboard the Japa nese warship I wato. at uairen.anu will be brought to Japan accompanied hv: a full suite representing the entire Nation. The body lay today In a ho tel at Darlen. the coffin covered by simple white pall. Gussts surrounded the hotel and only the- Prince's per sonal staff was admitted. Throughout the day telegrams pour ed into Tokio from every country of the world and the officials of the for elgn office are busily engaged in ans wering them. . ' Those closest to the throne say, that the Emperor is deeply affected by the assassination of the Prince. , He has asked for every detail and apparently is unable to understand why the mur der was committed, in view of : the evident popularity of Prince Ito. Bat when informed of all the facts so far as they have been learned here, fhe Emperor, ordered that there- must be no change in the policy toward Korea, FRES1DEN N. CI SYNOD AT RED SPRINGS Second Day's Sessions Yesterday- Popular Meeting Last Night in Interest of Missions Wil mington First Church. (Special Star Telegram.) Red Springs, N. C, Oct. 27. Synod held a popular meeting this evening n the interest of foreign missions. The speakers were Rev. Dr. S. H. Chester, secretary of the Assembly's Board of Foreign Missions; Dr. W. J.1 Martin, who spoke on the laymen's movement, andjlev. L. C. Vass, a mis sionary to Africa, who illustrated his address with stereoptlcon views. Rev. Dr. R. F. Campbell, secretary of Synod's, home mission committee, pre sided over the meeting and read the report of the committee. The report showed that this year the Synod has contributed to foreign missions $58,- 418, as against $38,061 last year, a per capita contribution of $i.34 this year as against 91 cents per capita a year ago. The First Presbyterian church, Wilmington, is. the banner church in this respect, having contrib uted $11,483 to foreign missions, mak ing $11.26 per capita. ' The Synod of North Carolina was called to order this morning at 9:30 o'clock, Rev. J. M. Wells, D. D., mod erator, In the chair. Rev. . W. M. Sykes conducted the devotional service, after which the minutes of the session of last even ing were read and approved. The moderator announced the standing committees for this Bession and the committee on special orders, of , which Rev, A. A. McGeachy, D. D., is chairman submitted its report. This committee was appointed a year ago and has arranged. for several very in teresting special orders during this meeting. Tomorrow morning at 9:45 the subject of "Evangelistic Progress" will be considered and the following named speakers . will be heard: Rev. R. F. Campbell, D. D., will discuss :The Call of the Homeland;" Rev. W. M. White, D. D., will speak on "The Relation ef the Pastor to the Evange listic Demand;" - pr.' W. J. Martin WTlHtrfive a"s"his subject ""What Part s Done Efficiently Through the Sun day. School?" "What Part Rests on the Denominational School" will -.be discussed by Rev. W. R. Minter, D. D., and Rev. J. M. Wells, D. D., will speak on rne Adaptability or tne presoy- terian System to Evangelistic Work." The .- sacramental service was the special order for 11 o'clock today and Rev. H. M. Parker, D. D., and Rev. C, Miller, D. D., . conducted this service. They were, assisted by the following named elders: Messrs. McBryde Holt, S. Strudwicke, W-. J. Martin, Jas. H. Chadbourn, E. F. Reld, E. H. . Wil liamson, Geo. D. Green, Geo. D. Heartt, J- M. Mclver and R.,F. Curry. After tne communion service was held and memoirs of the two minis-. ters in the Synod . who have . died the past , year were , read, Rev. Peter. Mc- ntyre read tne. memoir or ev. b vv. Farries, and Rev. P. R. Law, D.D., read that of Rev. . K. M. McIntyreD. D. Other ministers present paid ver bal tributes to the deceased. Rev. J. G. Snedecor, D. D., secreta ry of colored evangelization "for the General Assembly, , and Rev H. H, Sweets, "D." D., secretary of Ministerial Education and Relief, presented these interests. . .. union . i neoiogicai oemina. ry was represented by Rev. R. F. Kirkpatrick, field agent, and. Rev. G,' B. Stickler, D. D., a member of the faculty. Other . visiting . ministers were introduced to Synod, one of these being Rev. W. E. Boggs, D. D., of the Synod of Florida, who was moderator of the last General Assem bly. Synod adjourned at 12:30 to meet at 7:30 this evening. The special order for 12 o clock to morrow is Davidson College and sev eral speakers wlil be present to rep resent the college. Special effort is being made to secure all of the en dowment for the college this year and thus give it larger opportunity for work than it has ever had. The members of Synod are guests of the Southern Presbyterian College and Conservatory of Music, and. the entertainment that is being given is all that could be desired. The ses sions are held in tha auditorium of the college and the guests are entertain ed in the dormitories, thus giving eve ry convenience for the transaction of business without loss of time. School work is suspended for this week and the students are being entertained in the homes of residents of the town SANDERS'. WIFE A WITNESS. She Declares He Was at Home When Mayor Newberry Was Killed. Beaufort N.. C, Oct 27. Testimony was introduced by the" defense in the trial here today of S. J. Sanders, charged ' with the murder of Mayor H. J. Newberry, of Newport, this State, tending to 6how the good char acter of Sanders. Mrs. Frank Sanders testified that the defendant came home early on the night of the killing and was asleep and snoring ' when she heard a gun shot. ; Mrs. Buck,, mother-in-law of Frank Sanders, testified that she heard the gunshot, went downstairs and opened the door to ascertain -what tne snoot Ing was -and where it had occurred, Returning she stopped and looked in to S. J. Sanders' room where she saw him in bed asleep. - Two negro men on the stand said they had heard the gunshots and screaming. Then a cart passed in a hurry, leaving the town.: WHOLE NIJMBER"13,137. Appeals From Decision Ac quitting Kissel and " Harned. v, WILL URGE . PROSECUTION "Takes Grafter to Catch Grafter," is Words of William Loeb, Jr., In Comment Contention of ", , Attorney General. ; Washington, Oct. 27. -"The Govern ment will at once institute an appeal , from this decision,"' announced. Attor ney General Wickersham today in ref-; erence to the action of Judge Holt in the Circuit Court at New. York sus taining the plea of the statute of lim- itations interposed by the defendants. Kissel and Harned, to the indictment against them jointly with the Ameri can Sugar Refining Company The' . case involves violations of the con-, spiracy laws. The Attorney General said that Judge Holt's decision was of far reaching consequence. ! , The Attorney General referred to '. Judge- Holt's pointing out the deci-. sions in the defendant - judicial dls , tricts of the United States with res- , pect to the, application of the statute . of limitations were at variance and . that it 'was impossible to ' harmonize , them. : ' . " . ; Judge Holt concurred with those case which held that the statute of , limitations began to run after the first . overt act in pursuance of the same ; conspiracy. In the, Sherman " enti-' , trust law. according to the court, th ' word conspiracy has the same mean- . ing as uthe, .wordc-contraci..&nd tbere-, , .... iore j.uage tifM appnea' to a conspir acy in restraint '6f -trade the same law r of .limitation which Is applicable to a ' ' contract. in, restraint of trade. The Department of Justice on the other hand," said the Attorney Gener-', al, "has, always entertained the view that Congress employed the different . words . adivsedly, that a contract in ' : restraint of trade is not the same thing as a conspiracy -in restraint of ' trade. Where, the law enacts that ev- "t ery person, who engaged in a conspir-' ary to restrain trader Is .guilty of a misdemeanor, it means that so' long. as the conspirators are continuing In a course, of conduct which restrains ' nter-State trade or ' commerce, they are violating the act. . " ' . "Judge Holt's strictures against the ' ncreasing tendency of public prose- ' cutors to indict for conspiracy when crimes have been committed is not understood'as applicable to this pros ecution in view or tne Tact tnat tne only crime of which -the defendants in this case could be accused was that' created by the anti-trust act, namely, . of engaging in a conspiracy In re- " straint of trade or commerce among the several States." . New York, Oct 27. United States District Attorney Wise, as well as " counsel for the American Sugar Re-., fining Company and its directors who r were Indicted by the Federal grand jury ' on - charges, of conspiracy in re- . straint of trade, declined today to dis cuss the status of the case as it might be affected by the, decision of Judge Holt yesterday, in dismissing the in- " dictments against Gustavo E. Kissel and Thomas Harned, two of the co- -defendants'; on the ground that the statute of limitations had run and ' precluded their prosecution. It is un? derstood, however,, that the remaining ?, defendants will change their pleas of - not guilty" and plead the statute of limitations as Kissel and Harned did, with the prospect of the indictments being dismissed. v . " It takes a grafter to catch a graft er in the United States Customs Ser-, vice," says William Loeb, Jr., collect- or of the port of New York in an ofa- cial statement issued tonight, and rFederal Judge Holt's opinions to the contrary notwithstanding, the four weighers who. confessed and. testified in the trial of. Philip Musica and ms elderly father,. Antonio, cheese im- 'porters, which was ' concluded today are to hold their .jobs along witn honest men. ' r Judge Holt, of. the United States Circuit Court, before disposing of the case today 'which resulted in the el-. der; man's acquittal and the son's in- . carceration In the tombs for sentence, denounced the retention, of the four--weighers as a discredit to the govern-, ment and an injustice to the honest : men in the service ' V Mr. Ieb quickly said in reply: "It i Is not a question of choice between having all honest men in the govern- -ment service and leaving four men ad- - "mittedly dishonest in . the service, as ' the choice was between keeping four dishonest men in' the service, where they could' be easily watched, or al- ; lowing a great many dishonest men to . remain in the service and have them, and , all the- corrupt merchants.1 who ; had bribed them escape ' punishment , at the hands of the criminal law. The administration decided on the former course, and its decision was based ; upon the highest" motives. ; . '. r ' "It is deemed only just to the ad- T fministration that the, public should v have this statement when it reads Judge Holfa opinlonV ' . I ' . ; . V 1 - . - i. . ' - f
Wilmington Morning Star (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 28, 1909, edition 1
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