THE DAILY STAR,
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ijc Month., by Mall ...... 2M
nr mami.. 1... ..... frr
ZIZZJ? Mall
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volume xxxvi.
WILMINGTON, N. C, FBIDAY, OCTOBER 6, 1905.
NO. 48
. , r M r - V , :. " " - ,. ..b;,;:?, . .r- y - X woo a year in advance.
EXCLUSION . LAWS HEBE
AND TO nTTTWA
The Chinese have been boycot
ting goods made in the United
"States because we have too rigid
, Ix. enforced our national laws exr
eluding Chinese immigration to
this country. -We do not exactly
'exclude all Chinese but' immigra
tion from the Celestial Empire is
so limited that only a certain class
"will be allowed to land- on our
shores. '
China, however, ought not to
have any kick coming, for she has
been 'in the exclusion business a
long time herself. She, not only
excludes Americans and Euro
peans from chasing all over China
but she limits the trade of all for
eign countries. For instance," Mr
Anderson. .America consul in uni
na, furnishes the Washington
government a statement from
which we take the .following :
"There is increasing reason to
Jbelieve " that many American
manufactures interested in Chi
nese trade do not understand the
limits tinna under wViinVi nnW fnv.
eign trade in China can be con
ducted. It should be realized, in
the first place, that foreigners can
rpswlp in PlViinn fnr trnrlo nnrl iron.
eral purposes only in the open or
"treaty" ports. Residence, and
trade by foreigners in other por
tions of Empire are not- allowed
by the government. There seems
to be a hazy idea in the United
States that these limitations, as to
residence and trade, are no long
er in force -and that they can be
avoided. As a matter of fact it is
doubtful if there has been a time
since the troubles of .1900 when
these rules as to trade and resi
dence were so carefully and per
sistently enforced. There has been
of open ports, arid the right of en-
4 ln A A n - t 4 n li An nlnnrlif Vv -v f -r
emended in this manner. But the
r government at Pekin, and espe
cially the local J governments of
the provinces and prefectures,
still enforce exclusion where pos
sible. One of the chief reasons
why this is the case has to do with
the relation of the open port sys
tem to the inland or 'likiu' tax
system of the Empire, a system
that should be thoroughly under-
1 1 -ii . .1.; 1 ;
moou uy an men uoing uusiuras
with or in China."
( Americans wonder that China
is so farv behind the times as not
" to want to trade freely with all
the nations of the world, but we
practice in a different way what
China does as to trade. The laws
of China actually prohibit trade
except in what are called "open
ports," whereas we do not pro
hibit foreign trade itself but we
do close ; the door to it by what
we some times call the ''Chinese
wall ii pruLi;uuuii. snupi
tax it with our tariff till a consid
erable amount of foreign trade is
actually kept out of every Amer
ican port.
The limited trade privileges
which foreigners have in China
have been squeezed out of that
quaint government by centuries
of diplomacy and are secured by
treaties Original! China grant
ed to foreign trade five "open
- ports," that is ports where for
eigners could live'and do business.
The were Amoy, Canton, Ningpo,
Shanghai and Foochow. From
time to time, by operation of
treaties and otherwise, but gener
ally for the purpose of pledging
the customs duties therein collect
ed in behalf of foreign loans,
other ports have been opened un
til the list includes ,36 ports; as
follows: Kiukiang, Wuhu, Nan
kin, Ningpo, Canton, Kiungehow,
Menctsz. Tengyueh, Nuchwang,
. Chungking. Chinkiang, Wen
' chow, Kongmoon, Kowloon,
Szemas, Tientsin, Ichang, Shang
hai, FoochoW, Samshui, Lappa,
Chingwantao, Chefoo, Shasi Soo-
choow, Wuchow, Kiachow, Yo
chow, Changsha, Hankow, Hang-
chow. Swatow, Pakhoi, Lunchow
and Santuao.
Consul Anderson says some ol
the last named are only partially
nnened to trade, and many, of
1 - ,
those included in the list are smal
- places connected with largei
ports. A few other ports have
been brought within measurable
distance of foreign trade by spe
cial regulations and arrange
ments, but some of the largest and
most important cities of the Em
pi re are not open to foreigners at
all. Pekin, the capital of the
Empire and its second city, is a
closed port. For instance, in this
district also the two largest cities
Changehow and Chinchou, it
ips of three-auarters to a million
people each are closed to foreig
trade ; and foreign goods can be
entered only in the open ports
above named by the payment of
the imperial maritime customs du
ties, of about 6 per cent, ad valo-
rem. Execpt ;
poses, foreign
other, portion
The Chinese
is one drawba
ionary pur-
feside in no
taxation
.trade.
i ne Chinese uvrmrrent"' has to
have money, and one way, it taxes
the people is to raise taxes at the
gates of the cities taxes on goods
or products coming in from the
country or on goods going out of1
the cities over the borders of one !
district to another. The tax col
lectors are right there at the gates
to get the money, and as fast as
the goods reach one. province from
another more taxes are collected.
This looks funny,N but foreigners
consider our tariff tax on trade
quite as curious . as the ' Chinese
methods. However, we have thefmend a seTere reprimand to Superin
advantage of the1 Chinese that w tendent w- H- Shearln and a present
have our tax collectors at the
.11. .x..
fiiita a-uuriuejr suuujr -iuxaw lanu
taxes all in a lump. Our taxes
are levied principally to keep
foreign goods out and at the same
time toget the stuff io pay gov
ernment expenses. For anght we
Know mat also may be China 's
game. x
Mrs. Sarah Peckham, of New
York; who is the subborn "witness
i .hi o.n-. iu , -?
m the cotton leak case, refuses t
disclbse the contents of a certain
box-which she has deposited with
a New York trust company. Well,
now here's a woman who won't
talk andwon't give away a secret.
"Who said the weemin folks are
not coming up all the time!
A bank embezzler who escaped
to Mexico some years ago is now
sending back money to cover his
defalcation and settle with his
creditors. It is not stated wheth
er he has been making money in
Mexico or whether he is robbing
the Mexican Peters to pay ' the
Pauls 'at' the home base.
At the Ohio Republican : State
. .1 1 1 g-m
convention the other day, Sena.
tor Foraker said : ' ' Whereas, the
Republican party is unalterably
committed to protection it is not
wedded to schedules. Of course
not. The schedules are -too de-
ja u ti i.jt-1 v
voted to the Protected Industries
to think of marrying the Father
of Protection. I
The newspapers go on talking
bout tariff reduction and recipro
ity just as if this is not a stand
at administration and notwith
standing the impressive circum
stance that the Ohio Republican
invention a few davs aco reiter-
i . .J I.-. .l., i.ii li i
led the slogan let well enough
alone." Ephraim is wedded to his
ciols.
It is said that President Roose
velt's message to Congress has
been finished. . The Congressional
secretaries know -enough to dust
out
swallow up the message in its fin-
ished state,
The controller of New York has
1
j i. .
inaue a kick Decause ne can i, live
on a salary of $15,000 a year. We
regret to say that we are alsoj
n a position that will not enable
us to live on a salary like that.
If the insurance scandals keep
n growing duage rarKer win De
lad that none of the insurance
ccit-panies considered him accom-
lice enough to entitle him to their
i
upport.
RULING IN BANKRUPTCY.
Governor Will Not Interfere in Crim
inal Assault in Madison-
(Special Star Telegram.)
Raleigh, N. C, Sept. 29. Judge Pur-
nell makes a ruling in the bankrupt
case of D. A. Owens, from Newbern,
to the effect that a bankrupt in one
State cannot have a homestead allot
ted to him out of lands in another
State. Owens scheduled in his assets
a tract of land in Maryland and de
manded a homestead out of it
Governor Glenn announces he will
interfere no further with the execu
tion of the death sentence of P.eter
Smith, the white man of Madison
county, convicted of criminal assault
on a white woman. The hanging will
occur next Monday. t
Bltten By a Dog.
Margaret, the little 7-year-old daugh
ter of Mr. and Mrs., Roger Kingsbury,
South Second street, was severely bit
'en on the arm ahd about the hands
'jy a Shepherd dog which ran up on
'he porch of a neighbor's residence
where the child was playing yester
tay morning. The dog had to be
ueaten off from further attack Upon
tie little one, who threw her hands
to her face to protect it from the anl
ma . Dr. T. S. Burbank was sum
moned and dressed the little girl's
wounds. He asked that the dog be
fcept . "before killing to ascertain if
i there were any traces of madness so
as to know how to govern the treat
ment of the case. The dog, however,
has manifested no symptoms ot hydro
phobia.
GRAND JURY REPORT
"Some Foundation for the Al
leged Cruelty to Convicts,"
They Say, v . .
- 'y
MANY RECOMMENDATIONS
Reprimand For Superintendent and
Presentment Against Foreman
Recorder's Court Recommend
ed With Others.
From the oest testimony that' we
can gather from our investigation,
the Grand Jury are ot the opinion
that there is some foundation for the
alleged cruelty to convicts, and that
'Iter due consideration, we do recom-
1 Iorruuu ?atment 01 convict
"' r uicuiau nwuu --araci, irom
1
Grand Jury's report ap. yesterday's
session of the Superior Court
Having completed its work tor the
term, which included a very diligent
inquiry into the sensational charge of
-crueltv to convicts at Pnstlo Rnvnos
the Grand Jury came Into the Super!
or uourt yesterday afternoon a little
alter 4 o clock, made reDort to His
Honor. Judere TV" A. f.riinn nroalrl.
Ing, and were, discharged f or the term
witn ans- The public was hardly
prepared for the sensational clause in
the report aa to the alleged cruelty
to prisoners and the reading of it
served to add stm greater interest to
CorZZ 7"
Upon the reading of the report by
Foreman L. B. Rogers, Judge Coun-
. ui.tuKeu ine jury very coraiauy
tor the thoroughness of its work and
commended the members for their
diligence and. the business-like man
ner in which they had cone about
their duties. A copy of the report was
ordered served on the Board of Coun
ty Commissioners and the court will
iiikt. such action as is necessary in
regard to the presentment at the next
rm of court. The solicitor stated
yesterday that no capias would issue
against Mr. Hocutt but that the pub
lic presentment would take the usual
course, that is: It will be held until
the next criminal term, when an in
dictment will probably, be sent down
and returned as a true or not a. true
bm as the case may be- 11 ia stat
v su UVI1HI1 ll. 1UTV1TCU Ulai
the testimony i8 practically all from
ex-convicts, whom the guards natur-
h111 . up every motive tor
badly as
Judge Council told the Jury that he
1,ad nothing to do with the recommen-
dations In the report but a copy of
,ame would be 8eed on the
of Count Commissioners, who would
no doubt give every feature of the re
port proper consideration. The report
in full Is as follows:
..
To His Honor, W. B. Council, presid-
sidlng; September Term, 1905.
Honored Sir: The Grand Jury beg
to make the following report: We
have examined 71 bills, finding 59 true
bills and" 12 not true bill. We have
made two presentments. '
Touching other county matters we
report as follows: 17 Jurors
visited
lue vuuvivi. vamp iuuc najriico
and we find sailltary condition
.1 1 . n . 1 ' 1TAAn
very good, and the prisoners, with one
or two exceptions, seem io oe weu
cared for at the present time. One
convict we noticed particularly was
poorly clad and almost in a nude con
dition.
The County Home was visited by 17
lSS
the-' premises which are unsanitafy
-. i unci HFn l in iiitti IH.IH MiiHniinu.
road was visited by 16 Jurors and
una eTer?lnmf "ar,
according to their own sworn state-
ments.
I fTkn wrn 4 4 Vt n 4 ttrn ct 4a vaIIa1
i x mr wuulj iuau uiai irao uavcaau
oyer by Grand Jury were very
carefully noted and they seem to be
in excellent cuuuiuuu.
The majority of the jurors also vis
ited the county jail and found every
thing in very good order with the ex
ceptions which are noted in our rec
ommendations.
I h0?c?s SSl SSS
very good condition, the books well
keDt and everything in good shape,
The Grand Jury has bad considerable
trouble in dispatching their work this
week on account of securing witness
es,, and oftentimes they were right In
the court building. Therefore, in our
recommendations we have suggested
a change in the location of the Grand
Jury room.
As per instructions or the court tne
Grand Jury has investigated the al
leged crueltyof convicts in a most
thorough manner, having examined 62
convicts privately and under oath, and
also about 15 other witnesses. From
the best testimony that we can gath
er from our investigations, the Grand
Jury are of the opinion that there is
some foundation for the alleged
cruelty to convicts, and that after due
consideration we do recommend a se
vere reprimand to Superintendent W.
H. Shearin and a presentment for
brutal treatment of convicts by Fore
man Hocutt .. . f
The Grand Jury also recommends
that the superintendent discharge
without delay one Gurganus, who is
a guard at the Castle Haynes camp,
on account of drunkenness ahd dis
orderly conduct in and around the
camp.
It has also come to the Grand jury s
knowledge that a convict died in the
last few months ' very suddenly, In
about 20 minutes, after being whip
ped at the Castle Haynes camp, and
this convict was burled without an in
quest being held over his body; and
It appears to our body that where a
sudden death of a convict of this na
ture occurs a coroner's Inquest should
be held and the responsibility placed,
if any. We have been informed by the
coroner of the county that he has
never been requsted to hold an in
quest over. any convict's body.
We beg to make the following rec
ommendations
1st That separate and distinct
quarters for the races at convict
camps be erected.
2nd. That a telephone' at the Coun
ty Home is a necessity., and should
be installed at once,
3rd. That all ' purchases by the
County Commissioners or any other
employes of the county shaU be let
out by securing bids andawarding to
the lowest bidder. : - . . . -.
4th. Auditing by an : expert ac
countant at least once a year of aJ
officers of the county who handle
county funds.
6th. That the County Physician e
required to. visit -th convict camps
and County 'Home at least once a
week, and of tener if necessary.
6th. That the Grand Jury be given
the northeast room of the court room
floor (upstairs). - -
7th. That a typewriter be furnish
ed' the Clerk -of the Superior Court
without delay as he is -in need of
came. . ...
8th. That an enclosed passage way
be made between the jail and the
court house so as to carry prisoners
to and fro without entering the street
and coming in contact with the, pub
lic. . ..
9th The corrugated ceiling of the
jail needs immediate attention, tis it
is in very bady condition. -
10th. If "one, John Albro." a color
ed lunatic confined In the County
Home, is to be retained, that a cage
he constructed for him at once, as he
is damaging the county property con?
siderably by picking througb the
walls of the cell where confined.
11th. A recorder is urged for the
county as it would, in our - opinion;
vave the. tax payers thousands of dol
lars, as a great number of petty cases
Jaave come before us during our. ses
sions that could have been disposed
or by such j an oflBcer with much less
expanse to the county.
And now-having finished our duties
we respectfully ask to be discharged
L. B. ROGERS, Foreman.
Justin M. Bunting, Secretary. "
The personnel of the Jury was as
follows: L. B. Rogers, foreman; L.
F. Saunders, B. B. Jackson, Jno. C.
McAllister, R. H. Bowden, E. A.
Hugnes. JH. Williams, F. W. Wester
raann, J. M. BunUng, J. F. Garrell, A.
Shrier, Jas. H. Gurganus; S. I P.
Anderson. L. W. Davis, J, H. Russell,
II. W. Howard, J. M. Piver, G. H.
Heyer;
It is learned in connection with the
report that the Incident of a convict
dying within a short time after being
whipped, occurred 18 or 20 months
ago. The offence charged against
Guard Gurganus is alleged to have oc
curred last Sunday. Wtinesses testi
fied that, although not on duty, he
was in a state of intoxication and in
dulged in some reckless shooting at
Castle Haynes. The County Commis
sioners at their meeting Monday will
do doubt institute a. searching In
quiry into the conditions complained
of and will take official action there
upon. The Commissioners are fully
In sympathy with the movement to
ferret out everything the least dis
creditable and will apply any suffi
cient remedy.
NEWS NOTES FROM DUNN.
Bridegroom Received Wine After 24
Years Personal Items.
(Special Star Correspondence.)
Dunn, N. C, Sept 28. A few days
ago Mr. Henry Elliot of Floralla, Ala.,
came with his bride to visit Mr. G.
D. Elliot, his brother and other rela
tives In Cumberland and Harnett coun
ties. He was one of a family of seven
children, and son of Mr. Alexander
Elliot,-an old-fashioned, high toned
Cape Fear gentleman, and a fine farm-
er.
Over twenty years ago the sisters
were bottling some good wine and
ijst seven bottles away, one for each
oY the children of the family and la
belied each name on the bottle and
agreed they were to be opened as they
were married. Six of them have al
ready received their wine, so Mr.
Henry received and opened the last of
the seven bottle last week, he being
the last to take unto himself a wife.
And the wine is 24 years old.
Mr. J. C. Cowell, of the firm of New
berry & Cowell, went to the hospi
tal last week tor treatment. Mr.
Joe Andrews and family, of Lilling-
ton, have moved to make this -their
future home.
The trustees for the Dunn Graded
school met and organized Monday. G.
K. Grantham was elected chairman,
and Sully Cooper, secretary. They will
Imemdiately take steps toward "putting
up a new school building.
Miss Myrtle Wade, daughter of J. J.
Wade, left a few days ago to enter
Peace Institute at Raleigh, N. C.
Miss Sue Smith has gone to Richmond
to enter the Woman's College there,
Mr. J. A. Taylor Is still In Balti-
more with his son. James, who is at
the Johns Hopkins Hospital. We are
very sorry to know his son is not doing
so very weU.
The fanners are marketing their cot
ton very rapidly now. The cotton
weigher here has been weighing from
150 to 250 bales per day for the past
weeks,
Mri G. K. Grantham returned Satur-
. . ... .
day irom .Boston, wnere ne anennea
the, annual meeting of the N. A. R. D.
Among those from North Carolina
were Mr. Hicks Bunting and wife.
E. G. Landls, C. A. Roysor and nieces,
Miss Sullys and C P. Hooper.
October Weather.
The Weather Bureau has compiled
the following data of conditions for
the month of October compiled from
records of 34 years: MeaA or normal
temperature, 64: The warmest month
was that of 1881, with an average of
G9: The coldest month was that of
1870, with an average of , 60; The
highest temperature was 92 on the
6th. 1884; The lowest temperature was
32 on the 16th, 1876; The earliest date
on which first "killing" frost occurred
in autumn, October 16th, 1876; Aver
age date on which first "killing" frost
occurred in Spring, March 27th; The
latest date on which last "jcilling'
frost occurred In Spring, May . 1st,
1877. - .
To Build a Town.
The Pender Chronicle, of Burgaw,
in its issue this week, says: "Messrs.
Thorpe & Applegate, of Wilmington
have the contract for the building of
ten houses for the Carolina Truck
ing Development Co., two miles be
low here. These are to be built on
the farms for the accommodation of
the first immigrants. In the near fu
ture they contemplate building a ho
tel, a depot and more houses In fact,
a town. Mr. W. M. Hand has contract
ed to haul the timber for these
houses." ' ' , -
COAST LINE YARD WRECK
Runaway $hifter and Freight Cars
Dashed ..Into Florence Passenger -
Train'Aa Result of Former
- Collision.'
A shifting engine attached to four
empty freight cars ran amuck on the
Coast Line yards here yesterday after
noon, as the result of a5 collision with
another shifter at Ninth street, the
runaway, undej reverse, dashing back
down the yards and -under the passen
ger shed .crashing, into the front of
the Florence train, which had just
been made up and was waiting to pull
out on the regular schedule at 3:45
P. M. Fortunately no one was serioiut
ly Injured but two locomotives and
cdt.pl e of f reight cars were partial
ly demolished. "
The wreck came about in & most
unusual; manner and was discussed
with much interest in railroad circles
last night Engineer J. W. Joyner and
Yard Conductor Bullock had started
out-lo the 'old Union depot with four
enipty.foiigkt cars from the lower
arts, the ghatmg engine -pulling the
cars. '"With tender -in front At the
same time Engineer Bowen was back
ing down the same track into the low
er yards a string of cars loaded with
cotton that had been out at the old
union depot until there was room for
them at the compress.,. The shifter
was behind the cars in the latter in
stance and Engineer Joyner saw that
collision r was inevitable. " He re
versed his .engine, but too late to
avert the crash which came a moment
later, derailing one of the cotton cars,
smashing the tender of the outgoing
train and breaking in tlie cab. Engi
neer Joyner was thrown out but upon
recovering his engine, he found the
throttle knocked off and the steam on.
He was powerless to do anything in
such an emergency and the locomo
tive with cars in front ran back down
the W. C, & A. main line and dash
ed Into the passenger engine, stand
ing on the siding, at a speed of about
20 miles an hour. Fortunately Engi
neer Jim Houston, of Florence, was
not In the cab, but either he of some
one on the train had the presence of
mind when they saw the cars coming
back, to throw on the emergency
brakes to hold the passenger train
when the crash came. That act saved
the passenger train from being push
ed back into the brick station and off
the end of the. track in which event
there would undoubtedly have been
loss of life and serious injury as many
of the passengers for the South had
already boarded the coaches.
The runaway engine and freight
cars dashed into the passenger loco
motive, demolishing the pilot and
crushing in the exhaust box in front
of the boiler. The .impact was great,
sufficient to break glass in the win
dows of the coaches and throw pas
sengers over the seats. Several of
the passengers were treated by the
railroad surgeons after which they re
sumed their trip. The two rear freight
cars of the four that dashed into the
passenger train were telescoped, mak
ing an ugly pile of wreckage. -
Engineer Joyner In the first cottts-
ion had his wrist sprained and several
abraalsa stwmt the body.
Mr. A- B. Corinth, assistant super
intendent -Huve power of the A.
C. L., was oli the scene of the wreck
in a moment or two and the track
was cleared so that the Florence train
pulled out only 48 minutes late, which
was remarked upon as excellent work.
The passengers Injured were stran
gers, two or three of them being col
ored. Their injuries were slight
INTERESTING FAMILY REUNION.
Capt Daniel T. McMillan and Wife
Celebrated Golden Wedding.
Mr. G. J. McMillan and little daugh
ter, Annie Augusta-, and Miss Wilhel
mlna Ulrlch returned yesterday even
ing from Magnolia where on Wednes
day they attended the fiftieth anniver
sary of the marriage or the golden
wedding of Capt Daniel Teachey Mc
Millan and wife, at their hospitable
home, three miles from Magnolia-
Capt. and Mrs. McMillan are among
the best known and most highly es
teemed residents of their county and
nearly 150 of their relatives and
friends, including two daughters, Mrs,
Fred. Mallard and Mrs. D. S. Boney,
of Teacheysv and six grand children
sat down to an elegant and supmtu
ous" pic-nic dinner, spread under a
beautiful grove surrounding the old
residence and, enjoyed themselves as
only ' such hospitable hosts can make
their guests glad. Barbecue.- chicken,
ham from the family smokehouse, four
years old, cake, wine and every deli
cacy known to the country were
spread out In endless bounty for every
one. The vday was greatly enjoyed by
every one present and the venerable
coupled in addition to many presents.
were the reclpents of the happiest con
gratulations by every one In atten
dance.
Mrs; McMillan was Miss Amanda
Sloan and Capt. McMillan and she
were born In the same neighborhood
apd have lived there all their lives.
Capt McMillan was a gallant Confed
erate soldier and served from the be
ginning to the end of the war. The
family homestead is 150 years ol&and
presents a quaint but cosy appearance.
It is built of hewn loards, put together
with pegs, and nails forged in a black
smith shop. Capt MoMillan is a civil
engineer by trade, but has a fine farm
and with his good wife are now spend
ing their latter days in peace and
plenty at the old home. ,
Soldier Drowned.
Undertaker W. W. King yesterday
ifternoon went down to Fort Caswell
to prepare for burial a soldier of the
garrison there, who was drowned a
few" days ago, the body having been
found only yesterday. It appears that
the soldier was .missing three days
ago and his comrades at the fort were
anable to account; for his absence. It
jvas not explained until the dead bod
of the young soldier was found floating
(n the river yesterday. The remains
if the-drowned man will probably be
sent away to his home for interment
Secretary Shaw's retirment will
not create such an enormous deficit
in the public mind. Baltimore Sun.
VERDICT NOT GUILTY
Thomas Gillespie, Colored, Charg
ed With Criminal Assault,
Escapes .Punishment :
N THE SUPERIOR COURT
Criminal. Term Concluded Late Yes
terday Evening Nearly All Ji!l
Cases Disposed of Civil Suits
Will be Heard This Week., -
After remaining out just 24 hours,
several times -receiving additional in
structions from Judge. Council. , pre
siding, the Jury in the Superior Court,
engaged since Thursday afternoon at
o'clock in the trial o? the case of
Thomas Gillespie, charged with crim
inal assault last night just before 11
M., returned a verdict of not guilty
andthe defendant was released from
custody.
Until almostThe hour of the verdict
it seemed almost impossible that an
agreement would be reaahed. Just be
fore court took a retess for the term
yesterday evening Judge Council had
the jury brought into court and poll
ed. Each juror, In response to Inquiry
frofii His Honor, stated that no agree
ment had been reached and each one
gave his opinion that there was no
likelihood of an agreement Judge
Council explained that he very much
desired to leave on the evening- train
for Henderson vllle, N. C, to exchange
courts with Judge W. R. Allen, who
comes to hold New Hanoer court the
remaining two weeks of the term, but
the law was that the jury must be
kept together, a reasonable length of
lime and that in one instance, which
he reed irom the reports, the Supreme
Court had heid that 45 hours was not
more than a reasonable length of
time." He regretted very much to In
convenience the jury by keeping them
longer together, but the law left no
alternative- He would remain, If nec
essary, until Monday. In sending
them back to the room, Judge Coun
cil said he would come again at 10
o'clock at night and ascertain the
probability of reaching an agreement
At the latter hour, the jury was
again called and polled, each man an
swering that , there was not probabil
ity of an agreement but with less em
phasis than during the afternoon.
When the clerk was about half
through calling the list, Juror Dailey I
sald that while he could not. read the I
minds of his colleagues, he believed
the outlook for an agreement more -en-
couraging than In the afternoon. That
settled any possibility of a mistrial
and Judge Council was about to order
them back to the room, saying he
would come again at 8 o'clock the fol
lowing morning, when Mr. Jesse Wil
der asked 15 minutes Jonger and more
explicit Instructions as to what con
stitutes the criminal charged. Judge
Council read the statute,, supplement
ed it with further brief remarks and
sent the jury out for the 15 minutes
asked. At the end of about 20 minutes
a knock was heard on the door and
a few 'minutes later the verdict of not
guilty was returned through Mr. Wil
der, the foreman.
When the verdict had been render
ed Mr- Wilder said he thought it due
the jury to say that the publication in
a morning paper of how the jury was
divided in number was mere conjec
ture; that the jury had given out
nothing and that, even the bailiff in
charge did not know how they stood
and the jury had agreed not to dis
cuss the status of the case1 in their
hands, even after their discharge.
Judge Council replied that, of course,
It was understood to be mere specu
lation in which all men, even him
self, indulged in and that no offense
was meant. The jury was then dis
charged With thanks for its service,
Judge Council saying he appreciated
the hardship under which they labor
ed but that it was merely the price
of citizenship and a duty which should
be cheerfully- performed. Mr. Wilder
voiced the thanks of the Jury for
the kindness and consideration shown
Dy his Honor and the court then took
a recess for the term.
Court met at. 9: 30 A. M. as usual
vesterdav and of the 25 talaRman sum-
moned for the day 17 were returned
and 8 were not found. - Excused by
th rvmrt Rtunhnn .Tnintt " T cjy. rta, I
and W. F F Newton '
Henry Pierce" was elven trial m
four cases, one for Renin Hnnnr on
Sunday and three for retailing with-
out iiwniiA. in ho naaa fn, uiiino.
on Sundav. defendant wa h, 1
months in jail with leave to commis
sioners to work on the county roads
or at the count) farm and in one oth
er case for selling without license, he
was given 6 months. Judgment was
suspended in fhe two other cases.
Louis Laendar, charged with lar-
ceny was found guilty, and defendant
was sentenced to three years on . the
roads or at work on. the county farm.
In an additional case the same defen -
dant was given' an additional sentence
nf nnn voar I. avion Ho r atnla a tvv a
akes and a. trunk from the Seaboard Wends here who will be Interest in steady at 10.75 while the local mar
Aii" r inc aX the above announcement ket remained quiet at 10.25. On the
depot
Alfred Hooper, charged with carry
ing concealed weapons, was found not
guilty.
Wesley Sanders, charged with sell
ing liquor without license, was found
guilty and sentenced to eight months
on the roads or at the county farm
as the commissioners may elect
Shockley and 7amb were brought
into court just before adjournment
and their cases were formally contin
ued until next term. iMr. Shockley
shook hands with his friends In the
court room and laughed and joked
with them, apparently perfectly con
fident of his acquittal. Lamb had a
far-away look, said nothing and wore
a sad countenance. Both have grown
full beards since they were placed In
jail, but otherwise show little effect
of confinement.
All the jail cases on the docket
have been disposed of except those
mentioned above and that of , W. E.
Parnell, the young white man charg
ed with embezzlement by Parker &
Sneed, the furniture merchants, by
whom he was employed as a collector,
Parnell's bond was Increased yester-
day from $200 to $400.
happenings and
PoingsinSoch
BY G. fi.
Mr. and Mrs. Devereux Llppitt who
are to snend the wmtr in inn
Englanu, will be missed by their
Wends, and in social circles, .--V
TV- i i. i
Ing to their nomes. .Cheerful lights I
from windows, which have been clos-1
a r ,k oV. ,
c" out-mud, aid UMiciwiue
sight to many.
.
Mrs. Ed. Lk Prince, who has been
spending some time in Chicago and
at her old home in Louisville, Ky., is
expected to return by the end of the
week.
Mrs. Jno. Wilder Atkinson and Miss
Stranee. who have sDent the Summer
of Tho Mn Tt c..mn.i
at The Monterey, Blue Ridge Summit,
Pa., are visiting in Baltimore and will
not return to the city before cool
weather.
'
. The return of Mrs. Elizabeth Vol-
lera anft'W rin.iitrht.flF Urn tyrnU W
lers and her daughter, Mrs. Louis H.
Vollers, after , a pleasant - Summer's
outing, Is of much pleasure to their
many friends.
The many friends are looking for-
ward Joyously to the twenty-fifth an-
niversary of the marriage of Mr. I
and Mrs. Louis Hanson, which, falls I
in-December.
The announcement of the engage-
mont Mica Tovif TUT
ubu. v Ml J ATM. VT WLbU LU 1U1
W. A. Davis is interesting to many
f fiends. The date of marriage has not
been decided, but is supposed will
be next Spring.
That which is .said of you in the
Society column Is of Interest to your
friends; those who havn't the pleasure
of your acquaintance will hardly give
your acquaintance will hardly give
the Item a second thought
Capt. Robert P. Johnston, of the
Engineer Corps of the United States
army, has leased the comfortable cot
tage, 314 Ann street. Capt and Mrs'.
Johnston have many acquaintances
and are at home to friends. ,
Mrs. Robt. E. Post, of Baltimore,
who has been on a visit to her parents,
Mr. and Mrs. Jas. F. Post, 112 Second
street. North, has returned to her
home. Mrs. Post's visits are of much
pleasure to a large, circle of friends.
Maj. D. O. Connor, Mrs. O'Connor
and Mrs. E. K. Bryan returned yester-
dav mornine from Saratoga. Adiron-
dacks, N.- Y., and other northern re-
sorts. They will be at home to friends
during the Winter at the handsome
O'Connor home on Fifth street, South.
The announcement of the engage
ment of Mr. Peter N. -Flck, Jr., to
Miss Cecile Cutter, of Ashevllle, Is
received with pleasure by his friends.
The marriage will take place in De-
cember, in - Ashevllle. The " young 1
couple will make their home In New I
York City.
.
Another event of much pleasure in
German -circles Is the approaching
marriage in St Paul's Lutheran
church,' November 12th, of Miss Fred-
ericka Martens to Mr. Henry W. C.
Habenicht The couple are very popu
lar in their circle -and are receiving
felicitous congratulations.
Farewells were said, with feelings
akin to grief, to Mr. and Mrs. W. H.
Schaeffer and mother, Mrs. Jno. J.
LeGwIn on their departure to Rich
mond, Va.. their ..future home. Mrs.
Schaeffer was a prominent figure in
her social circle and her absence will
be sadly felt during the coming sea
son.
The seventeenth of October is the
date on which the marriage of Miss
Agnes Anders to Mr. William F. Bis-
senger will be solemnized. It has not
been decided as yet, whether the cere
mony will be performed in St An
drew's church or at the home of the
bride's father. Dr. W. K. Anders,
415 Fourth street, North.
An unusually interesting and gay
season is expected Dy mempers oi
the Country Club. Several golf tour-
nevs of very (treat interest will be
I played and the usual social functions
will be elven. The Country Club s mem-
ber ship, contains the names of very
many prominent and popular society
people, who are very fine golfers and
tennis piayers
I An event of very much pleasure in
German circles Is the approacmng
marriage oi miss tt.atnenoe juiia
aiouer io Mr. Teu- u. auameuiu m
St. . f aura JL.utneran cuurcn, uewper
U.tb. The prospective groom IS Of
a '.prominent family, and is a success
ful planter. The couple will make
their home on Mr. Middleton's planta -
tion near Warsaw, N. C.
An announcement has been made of
the engagement of Miss Hilda Daven
nni4 Hon IrYi t a. rf VT r an.l fjtra Tt TV
D-enplrt, of Newiern7N.U to Mr!
Alan G. Lym, son- of Mr. H. Clay
Lynn, of Richmond. ' The wedding will
1 take place Oct 17th in the home of the
bride. Miss Davenport has visited
I OT11 mine-ton fiwillAfltlv and' has many
November fifteenth is the 'date
set for the marriage of Mrs. Nees-
fleld Green Wootten to Lieut George
Bridges Rodney of the United States
eavalry. Mr. Rodney is -of an old
and prominent family of Delaware,
and is very popular in army circles,
He has been assigned to several spe
cial duties, because of his especial
merit and mental attainments in his
chosen field. The marriasre will be
a quiet home ceremony, performed at
the residence of Mrs. Wootten's
father, Mr. Geo. P. Cotchett, Mr. Rod-
ney has been ordered to duty at
Whipple Barracks, Arizona. The
bride-elect is very popular and has a Father Carahan takes Father .Kavan
large circle of friends and relatives laugh's charges around Wilmington
wno ieei a pang oi regret mat tne
fates win take her so far from them,
but heartily congratulate Mr. Rodney
on his great, good fortune.
. . t
Little Miss Margaret Willson charm
ingly entertained about twenty-five of I
ner young friends in honor of her
fth wrthdnv from i tn R o'clock "vea.
terday. The scene of the pretty affair
was the handsome new residence of
her parents, Mr. and Mrs. W. A Will-
on, Jr., No. 1009 Market street The
little folks were first entertained with
numerous little diversions on the lawn
of the homo and at 5 o'clock were in
vited Into the dining room wlre flow
era, fruits, candies and other .dainty
refreshments combined with merry
laughter to round out an event of rare
enjoyment Tiny little China cups
and saucers to the girls and rubber
try pans lor the boys were given
?8 appropriate souvenirs" of a most in
Amonhe "ttle
m.it?ldulce..weM Mlssea
n""uuu6, Mary tiedricK
iiniuu. vUKO, IjUCIIB Mrtnrp Mnrv
i,M'jna Simmons, Dorothy.
, . una ueii
Nurnberger, Elolse Powers. Ann. a ni.
Tii v, tIZ.-7 .
-u., ucwra jvn.g, rwinie jones,
Mary Pickett Lassie Willson, Maude
Willson, Marilyn Honnett DeVany;
Masters Armistead Mercer. Frederick
g a,d KM?,sa' Carl Oldenbuttel,
h?"?11- ThPm?8, Frrak Bag-
carton Morns, Harry Morris. '
TV xirit i .
. """"Sin coiony oi summer
ansentees have been some what dis
tributed. Mrs. Jas. Sprunt has spent
tna season at Narragansett Pier; Miss
Bene Anderson, In Pittsboro; Mrs. Dr,
W. J. H. Bellamy, Miss Bellamy. Mrs,
Jno. W. Atkinson, Miss Strange, at
. iuus" ouuimit, near me Historic
battle grounds, of Gettysbury; Mrs.
Cameron F, McRae, in Butherfordton;
Mrs. -W. L. Harlow, at Logans. Hickory
Nut Gap; Miss. Laura Clark, at Heart-
I ease; Misses Margaret Walker and
JeannleMurchison, on a house party
at Union, S. C; Mrs. vxeo. Rountree,
Miss Rountree, Mrs. Donald McRae,
in Lennox, Mass.; Mrs. Horace C.
Prince, Miss Prince, Mrs. Robert
Strange, Miss Strange, Mrs. Spencer
to - n Ltlm tI '
" . 4 " aiiuuii .
of Virginia; Mrs. H. H. McKee, West
Virginia; Mrs.. Alice Everett, Mrs.
Emma Young, Mrs. Jno. A. Arringdale,
in the Sapphire country; Mrs. Clay
ton Giles, Miss Murchlson, Bar Har
bor, Me.; Misses Lizzie anu Jeannie
Peck, in Connecticut; Miss Annie Kid-
der Lg island- Mrs E 1
,J fr'th f flanJ U
? ?'"e ?r&3 .
Prince,
of Ken
tucky; Mrs. A. D. Wessell, at Vade
Mecum Springs; Mrs. Jas. Sears,
Cleveland Springs; Mrs. Hugh McRae,
Mrs. Col. Jno. D. Taylor, Miss Taylor,
Mrs. Kate Taylor Manning, Mrs. Henry
J. Gerken, in the mountains of West
ern Carolina; Mrs. R. A. Brand and
the Misses Brand, at" Saluda; Miss
Mary Borden, Tryon; Mrs. A. C. Kenly,
at her Summer, home, Lake Wacca
maw; Mrs. W. V." B. VanDyck, In
Western New York; Mrs." J. W. Mur
chlson, Mrs. W. C. Armstrong, Vir
ginia; Mrs. C. S. Grainger, Mrs. L.
Bluethenthal, Mrs. Annie Northrop,
Mrs. Duncan M. Williams, Wrlghtsville
Beach; Mrs. Marsden Bellamy, Miss
Bellamy, Mrs. Geo. Harrlss, Mrs. Dr.
A. H. Harrlss, Mrs. Richard W. Hogue,
Wrlghtsville: Mrs. Jno. D. Bellamy,
Jr., Bradley's Creek; Miss Fanny R.
Williams, Miss Martha Williams, the
Misses Holliday, Mrs. W. L. Parsley,
the Misses Parsley, at Masonboro;
Miss Elliotte Emerson, Misses Lucy
and Margaret Brldgers, traveling
abroad; Mrs. Arthur E. Spence, New
Albany, Indiana; Mrs. Chas. W. Worth,
Buffalo Lithia ; Miss Anita DeRosset
and Elizabeth Payne, Fayetteville, and
Mrs. Harvey L. B. Wiggins, Irf Bruns-
wick, Ga.
RALEIGH HOSPITAL INQUIRY.
X
Cases of Attendants Continued, in
Wake . Superior Court
Raleigh, N. C, Sept. 28. An order
was made thW afternoon continuing
the trial of the four attendants charg
ed with causing the death of the pa-
tlet Thomas Nail, at the State Hos
pital, until the 'January term. This
action was at the request of coun
sel for the defense on the ground they
had not had" lime to prepare the de
fense since the bill for murder was
returned by the grand Jury. The con
tinuance came as a eur prise late this
afternoon after the case had been "call
ed for trial. It was stated here before
the case was called to-day that the
solicitor would prosecute for second
degree murder pnly.
LOCAL DOTS.
Through the real estate agency of .
M. C. Darby & Co., the Dixon Kelly
property on Second street, between
Chesnut and .Grace streets, was sold
yesterday morning to Mr. Annie
Quinlivan for $5,000.
British steamer Tolosa, Capt. C.
H. Holttum, hence from Wilmington,
September I3tn; witn cargo oi coi-
ton, arrived at Liverpool yesterday.
British steamer Wilhelmlna, 1,682
tons, Capt Bonsfleld, sailed - from
Hamburg for Wilmington yesterday.
Friends of the family will sympa
thize with the the sorrowing ones in
the death of little Lillie May Bland,
the child left motherless only a month
or two ago by the death of the moth
er at 410 Swann street The Interment
will take place In Bellevue to-day.
The remains of the late Private
John W. Duren, of the 31st Company.
1 Coast Artillery, who was drowned at
Fort Caswell last week and the body
subsequently recovered, were brought
up to the city last night and sent by
Express to the former home of the
deceased at Augusta, Ga.
Cotton receipts for the month of
September just, ended were approx-'
imately 62,000 bales against 56,167
same month last season. The New
York spot market yesterday was
same day last year tne staple Drougm
9.62 1-2 here.
Receipts at the local postoffice
for the month ended last night were
$6,357.29 against $5,754.68 during Sep
tember, last year, the Increase being
10 per cent For the quarter ended,
last night the receipts were $18,183.11
against $15,962.71 for the correspond-
ing quarter last year, an increase oi
$2,220.40, or 14 per cent
Father Marlon, of the Catholio
parish at Fayetteville, has been trans-
f erred-to Ashevllle, N. C, and is suc-
ceeded there and at Southern Pines by
Father Kavanaueb. assistant to
Father Dennen at Wilmington. Rev.
mi Boardman.
The Harbor Master's report for
the month Just ended shows arrivals
of 27 vessels of 90 tons and over, the
combined tonnage being 36,573. The
American vessels were nine steamers,
14,834 tons; one brig, 263 tons and
five schooners, 1,631 tons; total; 16,
728. The foreign shipping consisted
of nine steamers, 19,218 tons; one bar
que, 672 tons; total, 19,845.
JS L J
ill