The News and Observer. — ...... SMJjShO,) J() &H|fj - f. VOL. XXXVIII. NO. 132. TTOOIE LAMEST ©Doß©Q!![LM , l]®rci ®F AOT GTOD3TDD ©AGBOLOKIA ®AOUf. DR. LEE PAYNE’S STORY If is; VERSION OF THE KILLING OF HIS FATHER BY BAX TER SHEMWELL. ON THE STAND FOR FOUR HOURS. His Account of tlie Tragedy Brought Tears to the Eyes of Many in the Crowded Court Room—Most ol His Evidence Corroborated by the Testi mony of Mr. TusseV—A Glaring Dis crepancy in Young Payne’s Evidence Brought Out by Cross-Examination. Special to the News and Observer. Lf.xington, N. C., July 5. Dr. R. Lee Payue told today from the witness stand the story of the killing of his father. First witnesses for prosecu tion and defence were sworn, then Dr. Payne was put on the stand followed by Thos. Tussey, a carpenter who corrobor ated him and by Dr. Robt. 8. Young, of Concord, who told of the autopsy held by him and Dr. Long on the 27th of February and of the cause of death, which was the severing of the subclavian artery by the shot he received. Besides corroborating Payne, Tussey’s testimony brought out two new points: First that Shemwell said after the second fatal shooting, while being led away by Tussey; “Turn me lose, I want to kill them both,” Second that in answer to his wife, who asked him, ■“what made you do it?” Shemwell said, “If I hadn’t done it they would have waylaid and killed me." Under the cross examination of Watson Tussey ad mitted that there had been some work which he had done for Shemwell in which he had to make some changes to render it satisfactory, but said that there had been no quarrel, and that there was no ill feeling between them. Counsel for the defence did not seem, however, to be perfectly satisfied of this. The feature of the day was the story of Dr. R. Lee Payne, the son of the de ceased, who was on the stand four hours, lacking a few minutes. Dr. Payne, though of phlegmatic temperament, was a shade di turbed for a few moments and then went on naturally, the listen ing by the jury and by all being intense. At one point the young doctor became choked with emotion and wasalmort un able to proceed, and eyes of old and of the youDger glistened all over the pack ed court room. The women of the Payne family who were present were deeply ■overcome by the distressing narration, but there was no sensational giving way to their emotions. Dr. Puyne’s Story of the Tragedy. “The killing,” said Dr. Payne, “took place on the main street,” and the place was located. “My father, my little boy, Mr. David Crotts and his grandson, David Jacob, and I were walking quietly down the street, talking about 3ome sick people at the poor house. Suddenly Mr. Crotts cried cut, ‘Lock out, Shemwell’s coming, or Bhemweirs on you,’ I am not sure about the words; I was then walk ing three or four feet in advance of my father. As I turned I heard the de fendant say, ‘We’ll have it out now.’ I saw my father half turned, facing towards the road, the defend ant with two pistols, one to wards me and one near my father’s breast. The defendant was standing with one foot on the curbing of the pave ment, the other on the side ditch, and just as I turned and caught this all at at one glance, the defendant fired at my father. “My father, immediately after the firing, grasped Shemwell. They strug gled out into the street and fell. Shem well had two pistols in his hands when my father grasped him. I expected to see Shemwell shoot him again. I took a pistol from my own pocket and rushed to the assistance of my father. I tried to shoot the defendant,but he caught me by the leg and tripped me, and as my father, weakened from loss of blood, lost his hold, he (Shemwell) got upon me in the struggle. We were struggling there in the street until we were separated. When we were separated and I started toward the sidewalk I caught my father, for he was falling and calling for help, and I moved him to the sidewalk. My father said, ‘I am dying ’ I tried to stanch the How of blood with my finger. He said, ‘Lord Jesus, receive my soul.”’ The last sentence was uttered by Dr. Payue with a choking sound. He p used and his eyes fell. It was a dramatic moment, the more dramatic because in the m.dst of the glimmer of tears which shone from the hundred of faces, there were eyes tha* were dry and by contrast ©old lookicg.but the profound silence be tokened the impressiveness cf the mo me t, and the jurymen, each one of them, had their eyes upon Payne as if in a kind of a trance, two of them being visib y touched by their emotions. This pause is probably a proper oue with which to close Payne’s story, but he continued under repeated ijciestions and under a cross examination from Watson. It was uncompromisingly zeal ous, acute and vigorous. It is but jus tice to say, moreover, that the testimony of Dr. Payne (lid not seem to be shaken under the terrific attacks made against it, unless an incident near the close should be mentioned, and upon that each reader may put bis own construction. It was during the afternoon session. Dr. Payue bad been cross examined and examined again by defence when he was prodded again by Watson on new points. One of them was that during the first fight of the morning Dr. Payne was in his office, his father in the yard. Payne heard voices which he did not recognize and opened the door a foot or more to look out and heard his father saying to Shemwell “Calm yourself Baxter.” “And I peeped out,” continued Dr. Payne, “and then I closed the door thinking that my appearance upon the scene might stand in the way of p -ssible reconcilia tion, when I heard a shot and went out with my gun.” Watson was very severe on Payne for not having mentioned this up to this time, and put it against the earlier state ment he alleged Payne had made, name ly, that Payne w'as writing a letter when he heard the shot. With this exception there did not seem to be a rough piece in Payne’s testimony, which, however, was pretty varied by Tussey, who did not report Shemwell as standing on the side ditch with one foot, but said ho came from behind, as if he were going between the two doctors, and stopped and shot old doctor Payne. All the trouble* over the drug stores of the respective parties were goue into and the latter things leading up to the trouble were gone into, but the substan tial statement, of the killing from the State’s standpoint is contained in the close. In the first fight of the morning no body was hurt, old Dr. Payne receiving, however, a blow over the eye. There were several shots exchanged, and two hours later came the fight which ended in the killing. Payne claimed that in the first fight his father stopped Shem well, and asked for peace between him and his son, the lie finally passed, Shem well shot, young Payne went to his res cue, and a general fusillade followed with nobody hurt. Relatives Present in Court. There were present in court to day the following relatives of ihe deceased and defendant respectively: Mrs. V. M. Har grave, the deceased’s sister; Mrs. Mary Fowle, the deceased’s daughter; Mrs. Emma Payne, wife of Dr. Payne, Jr. ; Miss Lizzie Payne, young daughter of Dr. Payne, Jr. The gentlemen were Dr. R. L. Payne, Jr.; Samuel L Fowle, son in-law of the deceased; Rev. Dr. C. M. Payne, brother of the deceased; Master R. L. Payne, son of Dr. Lee Payne; Master Charlie Payne, son of Rev. Dr. Payne; Master Jamie Fowle, grandson of the deceased. The prisoner Baxter Shemwell; Mrs. Laura Shemwell, his wife; Master Dermot Shemwell, son of the prisoner; Miss Alice Shemwell, sister of the prisoner; Mr. and Mrs. T. E. McCrary, brother in law and sister of the prisoner; Rev. 0. H. Bern heim, father-in-law of the prisoner, were also present. LOSS O F TIIK STEA M E R CO LIMA. Inspector of San Francisco District Makes Report ill Regard to It. Washington, D. C., July s.—General Dumont, ,the Supervising Inspector General of steam vessels has received from the Inspector of San Francisco dis trict, a report of the loss of the Pacific Mail steamship Colima. The report, which is signed by two local inspectors, Talbot and Phillips, in part says: “We find, from the testimony that nothing unusual occurred on the voyage from San Francisco to the Way ports of Mazatlan, San Blits and Manzanillo in Mexico, and that she gave no evidence nor any indication whatever of being crank or tender from the time she left San Francisco and crossed the bar, which was rough, until the morning she was lost. “From the evidence there appears to have been no danger anticipated until five or ten minutes before the ship went down. It appears that there was good discipline maintained on board in the deck and engine department, all orders having been obeyed; and, we, therefore, can attach no blame to the third officer. “With regard to the steamer there can be no doubt that she was a ‘staunch-and sea worth v vessel.” LUMBER TRUST ORGANIZED It Will Endeavor to Control the Yel low Pine Lumber Market. Savannah, Ga , July s.—Articles of incorporation fort te Southern Pine Com pany, of Georgia, were applied for here to-day. The petitioners are Henry P. Talmadge, George 8. Fairchild and James Stillmore, of New York city; William Hogencam, of New Jersey; John Flannery, Samuel P. Hamilton, B. A. Denmark, of Savannah. The capital stock, already paid in full, is one million two hundred and fifty thousand dollars, with the privilege of increasing to five millions. Under the charter there will be a com bination of the big lumber plants of Stillwell, Millen & Co., J. J. McDonough Co., J. K. < lark Lumber Company and other large Georgia concerns, valued at several million dollars. The new com pany can engage iu any business per tinent to lumber or naval stores. It will endeavor, it is said, to control the yellow pine market. THE TRUST WON AS USUAL. The Tobacco Grower* iu North Caro lina not to be Relieved. Trenton, N. J., July s.—The Ameri can Tobacco Company gained a partial victory this afternoon in the suit brought by the Attorney General to declare the concern a trust. Iu a supplemental bill filed by him the Attorney General alleged that the de fendants in securing a monopoly of the manufacture of paper cigarettes, had worked au injury to the growers of to bacco in Virginia and North Carolina Chancellor Magill this afternoon dis missed this supplemental bil , holding that the Attorney General must confiue himself to injuries; the State of New Jersey, and that he cannot extend the remedy sought in this ease so as to go to the relief of persons in other States. RALEIGH, N. C., SATURDAY. JULY 6. 1895. A WHOLESALE MURDER A CONTRACTOR MURDERS HIS FAMILY AND THEN HILLS lIIMSELr. SIX BODIES COLO IN DEATH. Believed to be the Deed of a Mad Mao who had Clone Crazy From a Sun Stroke—The Murderer aud Suicide W rote a Letter to his Brother Telling hint ot his Intention to Kill Ilimself —The House Filled With Gas—How the Awful Discovery was Made. Chicago, 111., July s.—Frederick Hell mann, a well-to do mason contractor, murdered his wife and four children last and then killed himself. It was at first supposed that Ilellmann aud his wife and children met death by accident, but it developed at the coro ner’s inquest this afternoon that the wholesale murder was calmly planned and that the man intended to kill himself and end the existence of members of his family. The dead man and his victims are: Frederick Hellmann, aged 37; Mrs. Ida Hellmann, aged 32; Fred Hellmann, Jr, aged 11; Ida Hell mann, aged 10; William Hellmann, aged 7; Hedwig Hellmann, a three year-old daughter. The tragedy took place in a little brick cottage at the corner of Cornelia and W’ood streets. The motive for the crime may never be known, but it is supposed to be due to the fact that he was mad. Hellmann ten years ago had a sunstr )ke from which he never recovered com pletely. Suspicion was first aroused this morning by the fact that the home in which Hellmann lived was tightly closed long after the usual hour for the family to be astir. The mother and mar ried sister of Heilman, who lived next door, attempted to break into the house but were unable to do so. They finally managed to force an entrance through a window that had been lett unfastened and made their way to the bed-room where the dead bodies of all the family were found. The Mouse was so full of gas that two women were nearly smothered. It was only after it had been opened up that it was found possible to turn off the gas which was streaming from an open jet. The relatives and all the neighbors at once concluded that the deaths had been the result of an accident, aud the police, when they came, adhered to the same opinion. The open gas jet was juot above the bed in which the mother and one of the •hildren lay, and it was supposed that one of them had, during the night, acci dently bit the atop cock and knocked it open. At the inquest this afternoon, how ever, au entirely different complexion was given the affair by Charles, a brother of Hellmann, who produced a letter writ ten by the murderer and suicide late on the previous evening in which he clearly stated his purpose of killing himself, al though he gave no intimation of the fact that he was meditating the deaths of other members of the family. He spoke of the window through which the women had crawled as the only way in which his brother could gain admission to the house, and said he had left it open for this purpose. The brother had not received the let ter until afternoon and came directly to the inqnest. Other circumstances also warraut to show the deliberate inten tions of the man. The gas pipes were only placed in the house two weeks ago. It is now the belief that they were put there for the purpose of carrying out the deed so skillfully accomplished. THE MASSEY-PILOT LIBEL SUIT. Mr. James Testifies to an Attempt Bv Mr. Maxsey to Bribe Iflm. Norfolk, Va., July s.—lu the great libel suit of Rev. John E. Massey against the Pilot today, Hon. W. G. James, of Franklin county, testified that while he was a member of the Legisla ture, plaintiff offered him $ 00 to help the Democratic caucus nomination and vote for him (Massey) for State Auditor, and subsequently raised the offer to ODs. thousand dollars. Afterwards, Massey iu making a speech in Franklin county when Mr. James had reported to his constituents the attempt to bribe him, denounced the report as uat rue and Mr. James slapped him. This testimony came out in response to a question from counsel for plaint’ff, who fell into a trap set for them by Cap tain John S. Wise. Messrs. Jame-: and Massey are both old, white headed men. Mr. James is the third prominent citizen to swear that he would not believe Mr. Massey ou oath. The French Victorious in Madagascar. Paris, July 5 Additional advices re ceived here from General Duchesne, the commander of the French troops in the Island of Madagascar, say that the Ho vas lost 231 killed in the repulse which they sustained after attacking tne French troops at Zarasoastra. when the Frdnch captured 720 teuis, the standard of the Queen of Madagascar, a nurnbor of pieces of artillery and a quantity of am unitiori. Manassas, Va , July 5.- Ti e trial of Janies Bali for the killing of Wm. F. Bodiue on June 21st, ended to day, the jury returning a verdict of acquittal. The verdict was not a surprise as such a result seemed to be expected. There was an affecting scene in the court room be tween Ball and his wife when the verdict was announced. MINISTER RANSOM IMPROVING. He Hopes to be Able to Return to Mexico in August. Special to the News and Observer. Washington, D. 0., July 5. Minister Ransom arrived here last night from Greenbrier Sulphur Springs much improved in health. He reports that his health is improving, and says that if his condition continues to im prove as he expects, he will return to Mexico at the expiration of his leave of absence in August. He visited the State Department this morning to pay his re spects and discuss Mexican affairs. Mr. lia som says he found the Mexican people cordial and agreeable, and quite as anxi ous as our own peo le to maintain amicable relations between the two countries. “I am feeling a good deal better,” said Gen. Ransom, when asked about his health, “but I am going to my home in North Carolina, where I will remain until August. I hope then to be able to return to my post. I left the City of Mexico on the third of June, but went from there to the Hot Springs of Mon terey in the hope that the trip would benefit me. On the contrary, I seemed to grow worse. I think that after 1 have been in Mexico some time I will become acclimated, although there are some who say that I can never live there. When I went down to Mexico I was in poor health, which may account for my illness. I do not think the rarity of the air has troubled me as much as the tropical climate. It is cool at times, of course, but the coolness reminds me of a wind blowing through a hot house.” “Are there any diplomatic questions of interest between Mexico and the coun try ?” “Not at all at present. I was fortun ate enough, when 1 was presented to President Diaz, to express a hopeful, honorable and peaceful settlement of the boundary dispute with Guatemala, and it so happened that my words aided the government in securing such a result. Consequently, my pathway has already been made very pleasant. As a matter of fact, there are no people so amiable, mild and deferential as the Mexicans, and the more I come to understand them the better I like them.” “Is the Republic prospering!” “It is in a much better condition nofr than it has been for a number of years. It is surprising that there are from $100,000,000 to 1100,000,000 o' Am® dean capital invested in the Republic. All of the railroads, except the one from Vera Cruz to the City of Mexico, was built by American money, while great smelting works, factories and other improvements have been inaugu rated by Americans. It naturally fol lows that the United States Minister has a good many matters to constantly claim his attention, but the Mexican govern ment is disposed to be very friendly with this country, and the work of Minister is made as pleasant as possible. I have had the kindest reception. The officials are pleasant and agreeable, and they seem anxious to maintain amicable rela tions with the United States.” Prof. J Y. Joyner, of Greensboro Normal School, is visiting at Dr. G. W. Sanderlin’s. He will leave in a few days for Cornell University to take the sum mer advanced course in English. Messrs. 0. P. Cheatham and R. P. Watson, two tobacconists, of Henderson, are in the city. Dr. and Mrs Stephen B. Weeks, re turned Monday from North Carolina. Mr E. I Powell and sister, of Edge combe county, who have been visiting their brother, returned home yesterday. Arrivals. Miss Alice Carter, North Carolina. R. H. Carter, North Carol’na. T. O. Linn, Salisbury. Miss E. T. Welsh, Raleigh. SITUATION GROWING WORSE. Troop* in Keadine** to Proceed to tb« Poeahouta* Coal Fields. Pittsburg, Pa., July 5.—A special dispatch from Charleston, W.« Va., an nounces that Gov. McCorkle has ordered the & cood Regiment under arms in readiness to proceed to the Pocahontas coal fields. The miners, with Winchesters, forced fifty of the foreign laborers to quit work and leave the field. Last night a band of armed strikers met the Norfolk and Western trains at Rekman, and refused to allow any one to leave the coaches. U. 8. Marshal Garden was notified, and he has ordered all the Deputy Marshals in the State to masi at Huntington to morrow in order to protect, the trains. Another speciai from Huntington, to night, says: The situation in the Elk horn Coal region is very serious to night and Captain Adjutant Lyons of the Sec ond Regiment has ordered all companies to assemble and be ready to move to Elkhorn ;tt a moments notice. Miner* Are Desperate. Wheeling, W. Va , July 5.—A special just received is to the effect that the miners throughout the Elkhorn region are rioting, having burned houses and commuted other depredations. The Elkhorn mining region is on the Norfolk and Western road, near the boundary of Virginia aud on the West Virginia side of the line at which the Governor of Virginia has had troops for two months past. The present trouble is supposed to be due to the long strike during which the strikers have been driven to desper ation through hunger. Bam Destroy«d by I.i^bUiinc. Winston, N. C., July s.— The large feed barn of Alvis Fleming in Yadkin county was struck by lightning aud to tally destroyed last evening. His laige wheat crop, which was stored in the barn, was also lost. LOSE A NOTED LEADER BUT THE INSURGENT CAUSE IN CUBA IS GAINING GROUND RAPIDLY. THE DEATH OF MAJOR GUERRO. TtvoSevere Engagements Were Fought Thursday Near One of Cuba’s Larg est Towns and Many Killed on Both Sides—A Railroad Passenger Train Fired Into and Many Ilonses Burned By Insurgents—The City Government of Havana Being Reorganized. Havanna, July s.—Details reached heie to day of the death of Major Guerro, the noted insurgent leader. It appears that two severe engage ments were fought yesterday at Palmas Altas, near Manzanillo, one of the largest towns in Santiago, Cuba. Capt. Boreas, at the head of a detachment of eighty volunteers engaged a force of 400 insurgent cavalry under command of Major * Guerro. The volunteer# lost 17 killed and had 10 wounded. Among the killed out of the insurgent side was Major Guerro and Lieutenants Raphael Borrero and Ta mayo Y. Ferrere. In addition sixty of the insurgents, rank and file, were killed. A railroad passenger train filled with men, women and children bound for this city was fired upon by a band of insur gents today. Only one of the passen gers was wounded. The plantation of Esperanza, near Santo Domingo, in the Sagua La Grande district of the province of Santa Clara, has been attacked by fifty insurgents, who seized all the arms aud afterwards plundered a store at Muela Quieta. They cut the telegraph and telephone wires communicating with Santo Do mingo for a distance of one league, in terrupting communication between that town and the country in which they were operating. The insurgents were com manded by Pedro, Garcia and Liso. A detachment of troops has been sent in in pursuit of them. The insurgents have also burned sev eral houses at Tiarraba, not far from the city of Santiago De Cuba, their inten tion being to cause the garrison to leave the fort and start in pursuit of them. Just as the troops did leave the fort the insurgents opened fire on it, and kept up firing for two hours. At the expiration of that time the iusurgenta were corn polled to retire, leaving many dead and wounded on the field. Information has been received here from Caracas, Venezuela, to the effect that many revolutionists are there pre paring to attempt a landing on the coast of Cuba and that others I already left Caracas for these shores. City Government Reorganized. Tampa, Fla., July 5. —Late news from Havanna is that Campos has re-organized the city government appointing on the Council eleven conservatives, three re formists .and four autononist3. The mayoralty, it is said, was tendered a prominent Cuban but refused. THE KENTUCKY POPULISTS. The Oeala Platform Reaffirmed aud Free Coinage Demanded. Louisville, Ky., July s—The State Convention of the Kentucky Populists met in its second days’ session at eight o’clock this morning. A platform re affirming the Omaha platform was adopted, also demands as follows: A demand for free and unlimited coin age of silver on a 16 to 1 ratio without asking the assistance of Great Britain; a demand that National Banks be abolish ed and the National Government issue legal tender notes for silver. A demand that the addition to the National debt by interest bearing bonds be stopped. Tbe recent Democratic issue of bonds which were sold to the Rothschilds is de clared an infamy. A demand that the parity of legal ten der money be maintained. A demand that it to unlawful for Congress to stipulate any one kind of money in payment of debts. A demand for an amendment to the United States Constitution to provide for an income tax. It views with alarm the recent acts of Congress in regard to the bank tax, and trusts that the will of the people will be sustained by a reversal of these decisions. It demands that the bo* trust be crushed and calls for retrenchmeut in every part of the government. After listening to the ladies and draw ing the question at length the Woman’s Right plan k was overwhelmingly rejected. A motion to endorse Union-made goods was unanimously adopted. The following ticket was then nomina ted: For Governor—Thomas 8. Petitt, of Davies; for Lieut. Governor, John J. Blair, of Nicholas; for Treasurer, M. R. Gardiner, of Harlins; for Auditoy, O. H. Dean, of Woodford; for Regis ter of Laud Office, J. E. Quick sail, of Wolf; for Attornep Gen eral, S. M. Peyton, of Hart; for Secretary of State, Don. Singletary, of Hickman; for Superintendent of Public Instruction, H. H. Farmer, of Hender son, for Commissioner of Agriculture, M. L. Scott, of Shelby; for United States Senator, Clarence S. Bate, of Jefferson. Ten Killed and a Score Colon, July s.—The boiler of the elec tric works, at Oarthagena, exploded to day, destroying three houses, killing teu persons and wounding eighteen others. PRICE FIVE CENTS. BASEBALL YESTERDAY. At Pittsburg: Pittsburg, 00000201 4—7 Cleveland, 51 1020100—10 Batteries: Jordan and Bugden; Cuppy and Zimmer. Base hits: Pittsburg 12; Cleveland 16. Errors: Pittsburg 4; Cleveland 1. At Chicago: Chicago, 011001 2 0 o—s Cincinnati, 2 0 0 0 7 2 0 3 o—l 4 Batteries: Thornton, Terry and Mor gan; Dwyer and Murphy. Base hits: Chicago 9; Cincinnati 10. Errors: Chicago 4; Cincinnati 3. At Philadelphia: Washington and Philadelphia game was not played on account of rain. At St. Lonis: St. Louis 1 0 0 0 0 1 0 2 2—6 Louisville 40000010 0-5 Batteries: Kissenger and Otten; Wey hing and Warner. Base hits: St. Louis 10; Louisville 13. Errors: St. Louis 0; Louisville 3. CONDENSED TELEGRAMS. Prof. Willis L. Moore, the newly ap pointed Chief of the Weather Bureau, took charge of his new office yesterday. At Ontario, the world’s record for the 220-yard dash was broken here yester day by George K. Nolan, of Riverside, who covered the distance in 19 2 5 seconds. Two negroes entered the storehouse of L. H. Farmer, near Meridian, Miss., beat Farmer and his wife into insensi bility with clubs and robbed the pla