The News and Observer. YOL. XXXYIII. NO. 135. TfGfllE U&DBffIEST ©OtMBQJILMTOK] GDF /&W MIFTK] GDAOOfo DRAWING TO A CLOSE EVIDENCE IN TIIE SHEIWELL MURDER CASE MAY RE CON CLUDED TO-DAY. THE CORROBORATING TESTIMONY. Sheimvell’s Story Has Reen Entirely Corroborated by the Other Witnesses and Payne’s Partly »o— Other Testi mony ot the Same Kind Will be Pro duced To-day—Shcmwell’s Wife and Sou on the Stand—A Tilt Between H atson and Long. Special to tbe News and Observer. Lexington, N. C., July 9. The (lav revolved drearily aud sultry about the bloody spot of February 25th, last. The court room was filled as usual, one-third of it being; taken up by women. The old mother of Shemwell was present for the first time, and Dr. Beckwith, of Bethlehem. Pu, sou-in 1 w of the late Dr. Payne was an attentive listener throughout. The pri-oner’s face, though somewhat thinner than when he first ap peared in court, was with its usual calm ness, markedly brighter than a r any time before. His story had been told, and he, after a six hours’ sitting, had taken his seat again at his accustomed place. So that this morning was consumed in bringing others to corroborate him. This continued until 3:45 this afternoon whan the defence rested. Just before the defence rested, wit nesses were called to prove the good character of the defendant and members of his famiiy. Then the State began calling witnesses in rebuttal, all of them corroborating substantially the story of Dr. R Lee Payne. There were called on the part of the defence: J. T. Tran ham, farmer; Miss Alice Shemwell, sis ter of the prisoner; J. T. Barnes, farmer; Jesse L Ford, a lad living here; John Harkey, an employee of Shorn well’s; John T. Vann, insurance man, whose story was confined to the barber shop; Fred Springs, a little boy living here; Dupree Clcdfelter, butcher; Alexander Sheets, insurance agent; Dermott Shem well, son of the defendant; Mrs. Baxter Shemwell, wife of the defendant; Mrs. Wheeler, sister of the defendant. Those brought to prove Shemwell’s character were: W. A. Watson, brick contractor; W. P. Brown, farmer; P. A. Hoover, farmer; A.L Link,merchant; Ed.Rothrock, black smith; J. L. Swicegood, farmer; Scott Brown, who married a cousin of Dr. Lee Payne. The corroboration witnesses for the State were: J. W. Lick, farmer; Squire W.J.Ros3,of Stanly, who testified to Lisk’s good character; Gus Tbomasson, a coun try man; H. P. Gallimore, town com missioner and mayor pro-tem of the town; W. P. Smith, clerk. There will be more witnesses of the same character on the stand before court adjourns and it is quite possible that the State will have reached the end of its list by to morrow noon when the summing up by counsel will begin. This gives good promise of the conclusion of the case by Saturday night. The position of the case is about this: Shem well’s story has been told and cor roborated. Payne’s has been told and corroborated by some witnesses. It is quite likely that to-morrow both the widow of the deceased and other women of the Payne family will be put on the stand, who, it is stated, were eye-wit nesses of the tragedy from the Payne homestead. As to the corroboration on either side the witnesses held to their stories, some of them with much confusion under rattling cross exami nations, and there was no variation from the original stories respectively of Payne and Shemwell except as to the position of parties when the Shooting took place, which may or may not prove important in the summing up. Prosecutor Long diverted himself by asking Miss Alice Shemwell her age, which was heavily frowned upon by opposing counsel. Mr. Vann, who was present, testified as to the barber shop trouble Saturday night, that there was no understanding that matters had been settled between Shemwell and young Payne except by the silence that followed the dispute there, which is a contradic tion of the evidence already given cov ering that point. Will Hamner testified that Fred Springs, a boy, told him that he had heard the Paynes say that “they would kill Shemwell that day.” Little Fred Springs said he was standing at the door of Dr. Lee Payne’s office and heard his wife, Mrs. Emma Payne, cry, “Lee, Lee, yonder comes Baxter with a shot gun”; that he heard Dr. Lee Payne say in re ply, “Yes, if he comes down here I will lay for him and kill him yet.” He said that is what he told Will Hamner. Under cross examination by Long little Bprings repeated that that was what he told Will Hamner aud that Dr. Lee Payne bad told him since that he was mistaken ia having thought he beard him say this. A rather dramatic passage occurred in the testimony of little eleven year old Dermott Shemwell, the son of the de fendant touching the death scuffle in the mud at the time of the killing, after old Dr. Payne had just been shot. “Papa and old Doctor,” said Dermott, “were scuffling near to the ground. Dr. Lee kind of jumped on him and kind of pushed him down aud run his pistol round papa’s back. I tried to pull him off and me and papa somehow got him off, kind of got tangled up and papa kind of fell on him and the old Doctor on papa. Dr. Lee was laying under papa. He had his pistol on papa’s breast trying to shoot. I jerked hie wrist and put it down in the mud and put my knee on it “He (Dr. Lee Payne) said, ‘Go away Bobby,’ (that is the name of Dr. Payne’s little son), and I said, ‘This is not Bobby,’ and while 1 had his arm down I was throwing mud in his face. Some men came and took the piotol from Dr. Lee.” Then in answer to a question he con cluded, “I was not crying while the fight was going on, but when I met mamma T commenced eryiug and said to mamma, ‘l)r. Lee drew his pistol first.’ ” Mrs. Baxter Shemwell corroborated her husband to the letter. She is a young woman of comely sac dark auburn hair, with an t xpressiou that has the desolating touch of sleeplessness and grief, and an eye full of acute anxiety mingled with heavy weariness. Her suf ering seems to have been inteuse through out "the ordeal, during which she has constantly fondled and sustained her husband by her side. The wit nesses testifying to the good character of Shemwell were cross exam ined by Mr. Boyd, who in each case asked them what was his general repu tation a-< a peaceable man. P. A Hoover said in answer to this qm stion, “If you crowd him he will light you " which caused the first laughter during this terribly laughterle-s trial. J M Svviee good said, “Like all other men that suc ceed in business he will take bis own p rt when he is imposed upon,” which caused another ripple of laughter. During the examination of Gus Thoma.-son tie* said he saw Shemwell on his way up the street following the Paynes, push his son around the corner of the notel and say something to him which is a new and important piece of evidence bearing upon the intention of Sbeatwell, who said the boy dropped, and that he afterwards beckoned him to come ou. While Mr. Long had this witness in hand Mr. Watson in his impeteous way made some objecting interruption. Mr. Long said with some worry, “Oh, is it down ?” and then addressing himself to the court in his usual coldly quiet way, he asked, “\ T our honor, may I ask the witness a question without these con stant interruptions?” The court in the midst of the semi-hubbub gravely said, “Gentlemen you are old practitioners, this is no justice’s court, we are not at the cross roads, we are trying a man for his life, I hope we will have decorum.” Mr. Long, rising slowly with a half smile on his face, said, in a measured way, “Your honor, I am sorry I said what I did; I hope my brother Watson is sorry also, ’ and then sat down. Mr. Watson,not seemingly through ill-nature, but seemingly through his intense con centration in his case failed to make any response. He kept on whittling the strip from the soap box top that has been the constant aeoompaniment thus far of his almost hawk like descent upon the witnesses against his client. W. E. Christian. DEVI II OF IN, JOHN TILLERY. County Commissioners Change Tax Valuation ol State Farms. Special to the News and Observer. Scotland Neck N. 0., July 9 Yesterday morniDg at 0 o’clock Mr. John Tillery died at his home near Tillery, aged 84 years, and 6 months. He was one of the old time Southern gentlemen and is almost the last of his age in all this section He l aves two daughters and four sons, among them the promin ent and public spirited J. R. Tillery, who is getting up material for the county’s exhibit at the Atlanta Exposi ion. The county commissioners in special session yesterday made quite a number of changes in the valuation of lands as sent in by the assessors. The State farm at Caledonia was val ued at sl4 an acre, when the State has an option on it at $9 an acre at the expira tion of the lease. The lessors would have to pay on their land at a rate of $5 an acre more than they will be compelled to sell it for if the State accepts the land at $9 an acre. The proper reduction was made. Superintendent Leazar visited the farm a few days ago and is favorable to sinking an artesian well to secure purer water. The up-country tobacco curers have begun to pass down to these lower coun ties for their summer work in curing the crop. They say that tobacco in the east ern counties surpasses the crop in the up-eouaty. DEATH COL. JOHN E. BROWN. He was a Member of the New Zealand Parliament for 18 Years. Sepcial to the News and Observer. Asheville, N. C., July 9. Col. John Evans Brown died here this morning of dropsy. He was a native of Pennsylvania, and 68 years old. He re moved to Buncombe when fifteen years of age, went to California in 1849, thence to New South Wales and later to New Zealand. For eighteen years he was a member of the New Zealand Parliament and several years United States Consul to New South Wales, lie returned to Asheville eleven years ago. He had taken the thirty-second degree as a Mason. The funeral occurs to morrow. GLADSTONE TO THE LIBERALS. He Counsels Them to Concede the Claim* ol Ireland. London, July 9.— The Westminster Gazette publishes the following message from Mr. Gladstone, addressed to the Liberals of London : “Hawarden, July 5. — Above all other purposes vindicate the rights of the House of Commons as the organ of the nation, and establish the honor of Eng land as well as consolidate the strength of the Empire by conceding the just con stitutional claims of Ireland. “W. E. Gladstone.” RALEIGH. N. C., WEDNESDAY. JULY 10, 1895. AN UNLUCKY THIRTEEN THAT W AS THE NUMBER KILLED BY YESTERSD AY’S TERRIBLE WRECK IN CANADA. AND SOME THIRTY WERE INJURED One Section of a Crowded Passenger Train Crashes Into the Other Section with Horrible Results—The Rear Pullman Smashed into Kindling Wood and Everybody on it Killed— 'Phe W ork of Rescue and Care tor the Dying Begun at Once. Quebec, July 9.—A terrible accident occurred at 8 o’clock this morning, at Craig’s Road Station, on the Grand Trunk Railway, aljout 14 miles west of Levis. A large pilgrimage from Sherbrooke, Windsor Mills and Richmond had left the latter town about 10 o’clock last evening for the Shrine of Ann de Beupre. There were two section of the train, ore running a few minutes behind the other. The first section was standing at the Craig’s Road Station taking water when the second section, passing the semaphore, dashed into the rear Pull man coach of the first section, smash ing it to kindling wood and killing, it is said, everybody in that car except the Pullman conductor, who jumped, The Pullman coach was telescoped into the first-class cars of the first sec tion, killing a number of passengers riding in them. Following is a full corroded list of the dead and wounded: Charles Bedart. mail clerk, Miss Bedart, Richmond; Hec tor McLeod, engineer, Richmond; Rich ard L. Perkins, fireman. Richmond; J. T. Mercer, Richmond; Rev. F. P. Dig nan, Windsor; M v . Cogar, Richmond; Miss Valin, St. Joseph de Levis; Miss Pnaneuf, Bt. Joseph de Levis; Mrs. J. B. Caver, Danville; Mi&,-> Delvcourte, Sheffield; Aunt of Miss Valin, name not known, St. Joseph de Levis; John O; Farrell, Gapleton--thirteen in all. Injured : John Cadieux, Granville; J. B. Cayer, Danville; Saraphine Gayer, Danville; Joseph Cayer, Danville; Lou ise Cayer, Danville; Virginia Silvestere, Ham; Mr. Francis Fontaine, Broughton; Louis Gandet, Arthaba?keaville; Pat rick McHugh, Capleton; Pierre Allard, Richmond; Antonie Bari 1, Arthabaskea ville; Hercules Descrotuex, wife and son, Danville; Rev. F. Desrosiers, Broughton, leg and arm broken; J. Quinlan, Montreal, badly hurt; Cyrillie Remiiard, Sherbrooke, slightly wounded; Dclina Gooselin, Sherbrooke, wounded; Mr. and Mrs. Hamel, Danville, tbe former injuries to right leg, and the latter head and internal injuries; Mrs. Louise Morin and Olivine Morin, Wind sor, face and internal injuries; Mrs. Frank Cayer, Danville, and six year old daughter,' head wounds; Mrs. Zephrin Lamelin, Windsor; Lazare Godbout, Windsor Mills; Joseph Richards, Bromp t.on Falls; Cleopas Cbarist, Coaticoooke; Bennett Bassler, Pullman Car Porter of Toronto; probably one or two of the in jured will die. The work of rescue was begun as soon as possible. When the blinding clouds of steam had subsided the trainmen and priests called the men together and the dead and injured were taken from the ruins of the engine, Pullman and first class coaches aud cared for wherever temporary quarters could be found. The women of the party ministered as best they could to the wants of the maimed pilgrims. They tore off their under clothing and made bandages for the wounds and tried in the absence of surgeons to staunch the flow of blood and properly cleanse the hurts. Word was sent to Montreal and orders from there were issued to levis to send out a force of doctors from Que bec to attend the wounded and a force of men to clear up the track. The ape cial train from there reached here at an early hour in the morning, and all of the wounded that could be moved were placed on board a car and sent East to Levis, where they were to be cared for in the hospital. It is hard to say where the blame for the accident rests. It has been suggest ed that engineer McLeod might have dosed off to sleep and thus missed seeiug the semaphore aud was unconscious of his whereabouts. A strong investigation will be had at once to determine where the responsibility rests. Confederate Monument Unveiled. Lexington, Ky., July 9.—A monu ment to Agent Roger Hanson and wife was erected in Lexington cemetery by surviving ex-Confederates of his com mand, known as the Orphans’ Brigade, was unveiled this afternoon with appro priate services, including decoration of graves of Confederate dead. Mrs. Han son accompanied her husband in his campaign and was known as “The mother of the brigade.” The principal address was delivered by Captain E. D. Porter Thompson, historian of the Orphan Brigade. Hanged for Wife Murder. Pittsburg, Pa., July 9. —Daniel Werl ing was hanged here at 10:50 a. m. His crime was the murder of his wife a year ago. Werling was a drunken, shiftless fellow and his wife an industrious wo man, and because she refused to support him, he killed her Forty W'orkmen Perished. Alexandria, July 9. — A Caisson of the big bridge now building at Nage Hamed, by a French firm, collapsed to > day and forty workmen perished. RECEPTION TO MR. COULTER. Delegates Leave for the International Convention of Christian Endeavor* Special to the News and Observer. Winston Salem, N. 0., July 9. To-night the Winston Salem Young Men’s Christian Association gave its farewell reception to State Secretary Coulter, who goes to Virginia. The As sociation rooms were prettily decorated for the occasion. At 8 o’clock an in formal programme was presented by Chairman Lasater. Tko exercises con sisted of vocal selections by Miss Alma Hege, Messrs. D. T. Huyck and W. A. Boyd; recitations by Miss Claude Wink ler and Miss Lillian Hasten. Several selections were iendered by a male quar tette. Short but touching farewell ad dresses were made by Hon. E. E. Gray, H. E. Rondthaler aud J. M. Rogers of the Association. Mr. Coulter responded with a splendid address. At the close of the exercises the Ladies’ Auxiliary serv ed the members and their invited friends with light refreshments. Mrs. Martha Miller Mann, a highly es teemed Christian lady, and relict of the late Rev. Jas. E Mann, died in Win ston Sunday afternoon m her fifty seventh year. Mrs. Mann was born at German ton, N. C., and was married to the Rev. J. E. Mann, on December Ist, 1859. Five children survive her, viz: James Mann, of Greensboro; Mrs. Armond, of Burlington; Mrs. Charles Wood, of Washington City; Frank and Miss Emma Mann, of Winston. Thede ceased was a sister of Mr. Frank Miller and Mrs. Geo. W. Hinshaw, of Winston; Mrs. Dr. Johnson, of Farmington, and Mrs. Dr. Griffith, of Clemmonsville. The funeral services were held at the resi dence at five o’clock yesterday afternoon, conducted by Rev. S. B Turrentine, pas tor of Centenary church, of which Mrs. Mann was an honored member. The following party left Winston last evening to attend the International Con vention of Christian Endeavors at Bos ton : Rev. Edward Crosland and George Porter, of Hausertown; Rev. A. D. Tbaeler, Miss Mary Welfare, Miss Mamie Peterson, Chas. Silwers, W. T. Spach, Fred and Allie Hege, Sam Phfohl J. F. Crouse and Calvin Moore, of Salem; H. A. Pfobl and R. H. Holland left this morning. Rev. W T . A. Lutz, pastor, is arranging the programme for the dedicatory ser vice to be held In the new Lutheran Church next Sunday morning Among the visiting clergy who are expected to be present and take part are the follow ing : Rev. F. W. E. Peschau, D. D., of Greensburg, Pa.; Rev. W. 8. Bowmau, D. D., of Charlotte; Rev. J. I. Miller, D. D., of Buena Vista, Va., and Rev. J. D. Shirley, D. D , of Mount Pleasant, N. C. The superintendent, with a large force of hands, began work to day on Win ston Salem’s new telephone system. The manager says the new line, which wiH nearly cover the entire State, will be built in a short time. J. W. Simpson and son, of Scotland, went to Wilkes county yesterday on a prospecting trip. They are looking for a suitable place to locate in North Caro lina. TO DISCUSS MONEY QUESTION. The Bimetallic League Challenges the Sound Money Men. Washington, July 9.—A. J. Warner, President of the American Bi-Metallic League, has written a letter to Hon. Charles S. Fairchild, chairman of the Committee on Sound Currency of the Reform Club, New York, ia which he says : “The Bi metallic League respectfully invites the committee on Sound Currency to a discussion of the money question on distinctive propositions to be agreed up on, aud to be carried on by questions and answers. “I would suggest that not more than five or less than three on a side be select ed to conduct the discussion; the discus sion to be held at such time and place as may be agreed upon. “Should this suggestion meet your ap proval I would suggest in meeting to agree upon the proposition discussed and the regulations under which the discus sion shali Ire conducted. GENERAL BORREO KILLED. Tbe Cuban fn.urgeuts Successful in Four Engagements. New York, July 9. —Private corre spondence from Cuba brings the report that General Borreo of the Insurgent Army was shot and killed in Alpagraeia, where a battle was fought by the Insur gents under General Gomez, on June 20 Four engagements took place, in all of which the Insurgents are said to have been successful. General Borreo was shot from a house in the town, which was ordered to burned as soon as it was learned that the General was dead. The second en gagement was at Coja Alarda, where a detachment of Spanish soldiers was forced to surrender, the men giving vp their arms aud ammunition. A Plot to Kill the Czar. Paris, July 9—A despatch to Le Journal from St. Petersburg, says that an extensive plot has been discovered at Moscow against the life of the Gaar. Eight persons have been arrested charg ed with complicity in the plot. Among the prisoners are six well known nihilists. Two Thousand People Homeless. St. Petersburg, July 9.—Fire has destroyed 230 houses in the towu of Sambrow, Government of Lomsha, Polaud. Two thousand persons are ren dered homeless by the conflagration. KILLED BY WHITE CAPS A WHITE HAIRED FATHER AND HIS SON CALLED OUT AND SHOT BY A MOB. THE MURDERERS MAY BE LYNCHED. The Sheriff With a Posse is Now Pur suing them, and it Caught they will Not be Given a Trial--The Victims of the Mob Were Quiet, Inoffensive People, and Stood Well in the Com munity—The Son Shot Eight Times and the Father Five Times. Louisville, Ky., July 9.—A special to to the Post from Princeton Ky., says: A mob of masked men went to the resid ence of Joseph Uowton, at Lewiston, eight miles from this county last night and murdered him and bis son, Howlet Howton. Just as the clock struck 12, one of the members knocked on the door and asked to see Howlet Howton. He came to the door and was seized and pulled outside and shot through the body. The mob them dragged him to the gate and shot him seven times. Af ter they finished him the gang went bade to the house. The white haired father begged they spare his life and lives of his family but his entreaties were unheeded, and they made him back up into a corner so they could shoot him without danger to his wife and daughters. The leader delib erately counted ten and then five of the men fired at the old man. One ball struck him in the wrist, another in the abdomen and a third in the groin. The men then left the house taking with them a boy who worked on How ton’s farm. They carried him to ava cant building and fastened him safe, telling him they would kill him if he at tempted to escape before daylight. One of the women was so badly frightened that she was utterly pros trated and her death is looked for. There is no theory as to the cause of the mob’s action. The Howton’s were quiet, inoffensive people and stood well in the community. The sheriff with a posse has gone to the scene of the double murder to make a thorough investiga tion, and it is believed that the mur derers will be apprehended. If they are caught they will be lynched. CROPS OF THE COUNTRY. Too Much Rain has Seriously Injured Cotton in Many States. Washington, July 9.— The Weather Bureau, in its review of crop conditions for the week, ended July Bth, says: The temperature conditions of the week have been gent rally favorable throughout the country, but the north ern and central portions of the cotton re gion have suffered from excessive rains, while drought conditions in Micbigau and Minnesota have been intensified. Northern New York, central Ohio and eastern lowa are also suffering from drought. Too much rain has seriously injured cotton in Arkansas, and in Alabama and Mississippi the crop is grassy, but in Texas and Georgia conditions have been favorable for growth and cultivation and the crop has improved. North Carolina reports cotton in poor condition and suf fering from lice; lice are also eausiug in jury in South Carolina, but in that State the crop is in generally fine condition. Corn has made rapid growth during the week and the general outlook for spring wheat continues flattering. Tobacco is growing welMn Kentucky, but the crop Is uneven; in Maryland it is in excellent condition and Ohio it has improved, except the central part of the State, where it is suffering from drought. THE MASSEY-PILOT LIBEL SUIT. Mr*. Massey and Gov. O’Ferral May go on the Stand To-day. Norfolk, Va , July 9. —The thirteenth day of the Massey-Pilot libel suit began and closed with the resting of the case on the part of the defendants and the beginning of the examination of witnesses in rebuttal. Nothing new or particul arly startling was elicitied on either side The court ruled against any evidence tending to show conspiracy that defe -2 Boston, 00000000 3-3 Batteries: Hart and Sugden; Nichols, Dolan and Ryan. Base hits: Pittsburg 4; Boston 8. Errors: Pittsburg 2; Boston 0. Second game. Pittsburg, 0 1 0 0 1 0 0 1 0 I—4 Boston, 000000201 0-3 Batteries: Hawley and Sugden; Nich ols and Ryan- Base hits: Pittsburg 11; Boston 6. Errors: Pittsburg 5; Boston 1. At Cleveland: Cleveland, 12 2 10021 x—9 Philadelphia, 20000010 o—3 Batteries: Willace and Connor; Taylor and Buckley. Base hits: Cle>eland 14; Philadelphia 10. Errors: Cleveland 1; Philadelphia 3. At Chicago: Chicago, 000000000-0 New York, 00010000 o—l Batteries: Griffith and Kittredge; liusie and Farrell. Base hits: Chicago 5; New York 8. Errors: Chicago 1; New York 2. How the ClnltN Stand. clubs. Won. Lost. PrCt. Baltimore, 34 22 607 Boston, 34 23 596 Pittsburg, 38 27 585 Chicago, 40 29 580 Cleveland, 38 28 576 Cincinnati, ,36 27 571 Brooklyn, 33 27 550 Philadelphia, 32 27 541 New York, 29 31 483 Washington, 23 35 397 St. Louis, 22 43 838 Louisville, 10 49 169