The News and Observer
VOL. XXXVII!. NO. 138
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WILL SHEMWELL HANG
THE CASE WILL GO TO THE JURY
FuR THEIR DECISION THIS
afternoon.
ABLE ARGUMENT BY COUNSEL.
The Court Adjourned at a Late Hour
Last Night fit the Midst of Mr. W at
sou’s Speech —He Hill Resume His
Argument To-Day—He Will he Fol
lowed by Judge Arnifteld and Solici
tor Lons—The Judge’s Charge Will
Consume Some Five Hours.
Special to the News and Observer.
Lexington, N. C., July 12.
The court was convened this morning
at 8:30. The room was as usual filled,
* there being a great many women present,
their attendance having increased daily
since the trial began. Besides the
Payne and Shemwed relatives, and the
lawyers in the case, there were many
strangers present, who have been at
tracted hither from neighboring towns
in order to hear the summing up of the
distinguished counsel. Among those
sitting within the bar from a distance
were Editor Goslin, of Winston; A. P.
Bynum, Jr., of Greensboro; A. B. An
drews, Jr., of Raleigh; Mr. Pannill, of
Keidsville, and others. It is expected
that a crowd larger still will be present
to-morrow in order to hear the speeches
ot Judge Armfield and Mr. Ben F. long,
in the order named.
These speeches will be followed by the
charge of‘ the Judge, the delivering of
which, I learn from a reliable source,
will occupy five hours, that is, if the
notes on testimony already taken by the
Judge be reviewed by him, which will
almost certainly be the case. The charge
proper will take up only about three
quarters of an hour, so that the jury will
hear the last word of the charge most
probably not before 7 o’clock to
morrow night. Then the jury will
retire, probably be out Saturday
night, and, reasoning from the
differences of opinion seemiDgly display
ed in their faces, they will probably not
be finally heard from before late Sunday
afternoon and probably Monday morn
ing. They seem very much exhausted
as do afl connected with the case, the
court having for the most part been in
session from 9to 10 hours per day.
At ten minutes past eleven Juror John
T. Nooe announced to the Judge that he
was sick, and during the speech of Wal
ser, and wished to go out. It was de
cided to let the whole jury go and there
was a short wait. On his
request Walser resumed, and the
juror was askod by the Judge
was he too sick to go on. He said he
could go on for a little while. Bat even
now, since dinner, he looks droopy and
may, therefore, yet upset the calcula
tions made above.
The speech of Mr. Walser, the longest
yet made, was highly creditable to him,
and despite its length, three and one
half hours, was attentively listened to.
Anong the new points introduced by
Mr. Walser were these: That neither of
the Paynes ever turned back until Shem
well came up to them; that Mr. Watson
could make points about trees being
in the way of witnesses, that
he could stand, and climb and
pull the trees up by the roots,
if he chose, but that he had
not introduced a single witness who
saw Dr. Lee Payne move his hand; that
Shemwell went along the back street
when he knew the Paynes were armed
before the trial, and he asked if Shem
well had believed that the Paynes were
rmed would he have gone up the main
atreet after them; that Miss Alice Shem
well had said, ‘‘When I saw him (Shem
well; fail to put his hand to his pocket
and look like he was going to pass the
Paynes, my heart leaped for joy;” that
Shemwell believed the Paynes wero un
armed, and here Walser cited the al
leged statement of Shemwell to Michael,
namely: “I thought you said you had
disarmed them.”
Mr. Robbia*’ Speech.
Mr. Bobbins at noon arose to reply on
behalf of the defence, to Mr. Walser.
He spoke until one o’clock and resumed
after dinner. He spent most of the first
hour sifting and scrutinizing the evi
dence with much acuteness. He said
that there could be difference between
witnesses without perjury, that they
could simply be mistaken. He said that
the State's witness, Crotts, who was just
behind the Paynes, says Shemwell did
not have a pistol in his hand when he
passed him (Crotts); that Miss Gertrude
Harnner said Shemwell had a bright
weapon in his hand at a point this
side of Crotts. Mr. Robbins said
that such conflicts show that the evi
dence is too unrt liable to convict a man
on. Then Mr. Robbins took up the state
ment of John W. Lee, that he heard
Shemwell say to the sheriff, “I have ac
complished what I had determined to
do.” He said Mr. was a good man,
but he was mistuken; that he admitted
that he was standing at the drug store
door, and that Leonard, the sheriff, who
was inside and near Shemwell swears he
did not hear it aud that this disposed of
the charge of malice in Shemwell, so far
as it was shown in that expression.
Mr. Robbins now passed rapidly to an
other division of his subject. He asked,
“What is the theory worth upon which
the State is going, * unless Shemwell is
crazy, which is a ridiculous assumption?”
Robbins pressed this question with
force and said the theory was that
Shemwell murdered Dr. Payne without
giving him warning, and said if such
theory were possible, why did not Shem
well shoot him in the back instead of
waiting until he got face to face with
him ? “Thus,” said Mr. Robbins, “such
a theory is impossible, therefore,” he
said epigrammatically, “the theory of
the State is weakness of the State.” Mr.
Robbins continuing, said if a man should
run him off calling him a cowardly cur,
he would not like to give bond to keep
the peace.
Then he passed to his third point, and
asserted that the testimony showed that
Dr. Lee Payne drew his pistol before
Shemwell shot his father, and that the
shot which killed his father was not
meant for him, but for Lee Payne, who
first drew the pistol on Shemwell. Mr.
Robbins said young Payne drew his pistol
because he wanted to kill Shemwell that
morning, otherwise he would have gone
out and helped Red wine to hold Shemwell
and stop the trouble between his father
instead of starting in to shoot at Shem
well while ho was being held by Red
wine; that deep down in young Payne’s
soul was this cankering hatred of Strem
well. “Payne swears,” said Robbins,
“that he did not know his father was hit,
and yet he tried to shoot the prisoner.”
Mr. Robbins was very severe on young
Dr. Payne because of his refusal to at
tend Harkey, whose skull was crushed, in
consultation with Buchanan, and de
nounced any medical rules that could
bring a )Out refusal, which Mr. Robbins
saidwas ‘‘not regardful of human life.”
Towards the close of his argument Mr.
Robbins speaking of the hatred of young
Dr. Payne for Shemwell turned around
toward* Payne and exclaimed, “As he
does feel now towards him down in the
bottom of his soul.”
Mr. ISoyd Speaks.
Mr. Robbins concluded at half past
three, having spoken exactly two hours
and a half. His manner was most
agreeable and his delivery wa« leisurely
and almost in conversational tone and
the jury listened with seeming interest.
As soon as Mr. Ribbins closed Mr. Boyd,
of Greensboro, arose. After a graceful
exordium be ex plained that his eonnec
tion with the case was in the cause of
justice, and he then took up byway of
badinage an old authority which had
been introduced by Mr. Linney. This
caused a ripple of laughter to go
over the court room, Mr. Linney also,
seeming to be amused. Then taking up
the hatred of Shemwell imputed to
young Payne, Boyd said it was but
human under all the circumstances that
he should hate the prisoner who had
tried to shoot his father. Mr. Boyd said
the counsel for the defense had been
skating around on thin ice, until they
had broken through, and cited the re
fusal of Payne to go to Harkey with
Buchanan. Boyd said lawyers had been
disbarred from practice, and that the
medical profession was therefore no ex
ception to be denounced in this respect,
that Payne had offered to go to Harkey
without Buchanan, and that Harkey’s
mother had elected to take Buchanan.
Passing on Mr. Boyd said presently
that the great question was wL ether he
premeditated the murdering of young
Dr. Payne, if he did and in trying so to
do, he had killed old Dr. Payne, even by
accident, he was equally guilty of mur
der in the first degree. “The counsel on
the other side,” continued Mr. Boyd,
“have said that old Dr. Payne was a
conspirator. Let’s see if he was a con
spirator. Then Mr. Boyd recalled the
hailing of Shemwell by old Dr. Payne,
and asked was that the tOLe or work of
a man whose heart was cankering with
hate, and referred immediately by con
trast to the epithet testified to have been
applied to young Dr. Payne by Shemwell.
Here the first difficulty was eloquently
outlined by Mr. Boyd, who kept up all
the while the contrrst between the
peaceable spirit, as he said, of old Dr.
Payne and that of Shemwell, whom he
frequently referred to sarcastically as
“this man of peace.” His alleged threat
to Mrs. Adderton was cited, namely,
that “he wouid kill the Paynes before
night,” and the rest of the incidents fol
lowing the first difficulty.
During the recital Mr. Boyd picked
up a pistol from the table, saying, “gen
tlemen of the jury, he had in his hand
this messenger of peace.” Mr. Boyd
said that Shemwell stated that his pur
pose, when he started with his shot gun,
was to “wreak his vtngeaace upon the
Paynes.” Continuing, Boyd said, “I
will now give you the grand fact which
I think is the basis of this action.” He
said ‘he had been run and been called a
cowardly cur,’ that was it. He may
have an ungovernable temper, but the
law says such men must be restrained.
‘That never left his mind, you may look
at his determined face now,” turning to
Shemwell, “and see that it is so. He could
see it pointed on every corner of the
town, *Kun you cowardly cur.’ That
is what infested his mind and made
him restive to dispel any idea
that he ‘had been run by the Paynes.’
That was the key to the situation,” said
the speaker
Boyd took some time in this portion
of his speech, analyzing psychologically
the motives that impelled Shemwell up
to the time of the killing, and among
other things this accounted for his de
sire that neither his wife nor his little
son should go along with him. “If,” said
Mr. Boyd, “this shooting took place on
the sidewalk, theu Mr. Shem well’s de
fence fails absolutely and entirely. He
says he did not draw the pistols until
he had been grasped by Dr. Payne and
shoved into the street. He toils a most
remarkable story,” said Mr. Boyd, and
here he reviewed his story saying that
instead of shooting with his left hand
pistol, when he was alleged to have as
saulted, he waited until he got out the
other before he shot either. “No, gen
tlemen, is not that a remarkable story ?”
asked Mr. Boyd.
Then Mr. Boyd maintained that Shorn
well wauted to shoot both aud quoted
his alleged statement afterwards, “I
RALEIGH, N. C., SATURDAY, JULY 13. 1895.
wanted to get both,” and said that Dr.
Lee Payne owed his life to-day to the
missing of the left pistol. “If Miss
Gertrude Hammer told the truth you are
out of the case,” exclaimed Mr.
Boyd, and if she did not
tell the truth, he continued turn
ing to the defendant’s counsel, “why
did not you come out and say it ?” Tak
ing up Teague’s evidence, Mr. Boyd
created much laughter by urging the
charges on Teague, saying that Mr, Wat
son was an actor, a stage playerjand would
come here aud tell yon what a horrible
man Teague was, Teague who Watson
would say hid from the law in the woods
of Forsyth county to escape the conse
quences of a case in which it was devel
oped that Mr. Watson was his counsel.
Other witnesses were cited who said the
pistols were drawn before Shemwell got
up to the Paynes.
Following this humorous sally, Mr.
Boyd drew a pathetic little picture which
was no less than an etching. He was
telling of little David Crotts, who saw
the killing.
“He was not accustomed to the town,”
said Mr. Boyd. “He came hero from
the country, so innocent and young that
there was hesitation about putting him
on the stand. He came here with bis
homespun clothes on and sat up there and
looked around, and did not know what
all this crowd meant. He told
you that Shemwell came up and
as Dr. Payne turned he shot him. If he
told the truth your case falls to the
ground and I want you to remember this
witness, if you acquit this defendant,
that little boy will rise ud to tell you in
the days to come how this thing hap
pened ”
Mr. Boyd contrasted Dermott Shem
well with little Crotts, and contended
that Dermott must have known the legal
effect when he told his mother that his
father did not shoot until Dr. Payne
drew his pistol.
Without reference to the merits one
way or the other the thetorical touches of
Mr. Boyd were exquisite and impressive
throughout the whole sketch of lit
tie David Crotts. Mr. Boyd contend
ed that the State had provided
that the killing happened on the side
walk and said toe only thing relied
upon by tjie defence was the little,
worthless pistol which had been handed to
young Dr. Payne by Mr. Williams. He
concluded his argument at six o’clock
having spoken fer two hours and a half.
His close was effective, artistic, pa
thetic. In reply to the plea of Buxton
to send Shemwell back to his wife, he
exclaimed, “If you could send Dr. Payne
back to his wife I would join in the
Clea.” In making his picture of the
ome of Dr. Payne, since the husband
and father had passed away, he stopped
aud pointed over to the women of the
Payne family, and stood silent for a
moment, while the eyes of many were
turned towards the group in black, with
faces hidden away. Mr. Boyd referring
to the love of father for child seemed
affected as he spoke of his own son whom
he lost.
Mr. Watson’* Argument.
As Mr. Boyd sat down Mr. Watson
arose for the defence and said the speech
of Mr. Boyd was substantially the same he
had been listening to for twenty-five years
from prosecuting attorneys. Mr. Watson
is now speaking and will, according to
arrangement, continue for a half hour
longer finishing the bulk of his speech in
the morning. The jury look much
fatigued.
Mr. Watson first talked o the lawyers
for the prosecution; that they all said
they were representing the State of North
Carolina. “The State of North Carolina
don’t prosecute a man. It does not go
into the highways and hedges to get up
testimony to convict. It does not say
we have had our way and will have it
again. It will spend its entire property
to hang the man that has interfered
with it. Look at the evidence that is
suppressed in this case; out of two hun
d ed witnesses, they say, who were upon
the street at the time of this homicide,
less than forty have been found who
would tell what they knew. You
have seen counsel sitting there who
were whispered to by this Doc
tor Payne and his good wife and you
would see a smile of approbation flii
from one to the other when anythi g
would come out to take this defendant’*
life. The State of North Carolina never
does that, it says investigate the crime
aud if the prisoner is guilty let the law
take its course, and it he is not then
turn him loose. These mt u are the
hired counsel of Dr. Lee Payne and they
represent Dr. Lee Payne. When I be
come enough interested to prosecute so
intently that I smile approbation at the
discomfiture of the poor pri oner, then 1
will follow the case from the court house
and with the prosecution will go to see
the trap fall, aud when the distorted
face of the victim looks out from the
coffin I will congratulate that prosecu
tion on the success of his midnight in
trigues. Counsel have been here and
argued for nine hours to convince you
that it is your duty to hang Baxter
Shemwell They have taken up declara
tions and by combining them with other
declarations have left a false impression
as to their meaning. They have mis
quoted evidence, not intentionally, but
in their zeal for their client they have
doue so, and I will show you so before 1
am through. If ever I make errors, gen
tlemen, you may always kuow that
they are made in behalf of my fellow
men. I feel as if I were in the garden aud
should I hear the voice of God, I could
answer, ‘Yes I am my brother’s keeper.’
I don’t quote the Bible. Lawyers don’t
often kuow enough to do that. Judge
Montgomery quoted from Holy Writ
and hurled the Hues of that sacred
volume at the life of Baxter Shemwell.
“I take the grounds that the conten
tions of this prosecution are false, are
fabricated,are foolish, and unreasonable.
I will show you that Dr. Payne
has been more frequently contradicted by
his own witnesses than he has been corrob
orated. The very position of this wound
shows that it was an accidental shot, not
fired by accident but received by acci
dent ; that the pistol was fired at a man
to the right and above the old doctor ;
that man was Lee Payne. The defence
did not show where tnat ball struck.
They were so anxious to conceal this that
they did not let a doctor in Davidson
county help hold that autopsy. When
Dr. Young went upon the stand the de
fence held its breath, and when he had
fixed that wound just where our client’s
story put it, we knew that our client had
told the truth, that his account
wss true. When you break open
a window at the heart, as near the heart
as the subclavian artery, the being is
paralyzed and can’t push a man as this
prosecution says Dr. Payne did this
prisoner, 23 feet down one embankment
and up another, scuffle there until men
have run more than a hundred yards and
then get up and stand, and all after a
41 calibre bullet has cut that subclavian
artery, with all the shock that a large
bullet can give.”
Mr. Watson said he was exhausted and
asked for adjournment which the Judge
granted.
W. E. Christian.
MASSEY' STILL ON THE STAND.
The Rev. Sam .Small Aniiou* toTackle
Him on Cross Examination.
Richmond, Va., July 12.— Rev. John
E. Massey spent the entire day on the
witness stand, but his testimony, about
half of which was direct, elicited nothing
particularly new, startling or sensation
al. He denied haring offered Messrs.
Parr and James a bribe to vote for him
for Luffed States Senator, or that he had
ever made an affidavit to get his little
grand child in the Miller Manual Labor
School.
He explained that he bought In Rich
mond several years ago the bureau with
the secret drawer in it, and explained
that he kept his money there and cer
tificates of deposit, so that attachments
could not be levied upon it for judgment
on a debt he did not owe.
The cross examination by Capl. Wise
was rich, in that it developed a “black
gum against thunder.” These men are
supposed to bate each other and were
very sarcastic, one toward the other, in
askiDg and answering questions.
Mr. Massey will resume the witness
stand to morrow and Capt. Wise again
takes him in hand. His examination
will probably extend into Monday, as
Rev. Sam. W. Small, one of the defend
ants, and his own attorney, is anxious to
tackle him ou a cross-examination.
A TERRIBLE CRIME IN CUBA.
four Burly Negroes Murder, Rob and
Outrage a Whole Family.
Havana, July 12.—A terrible crime
has been committed at Guanajayabo, in
the Gnanajay tobacco district, about 45
miles from this city. Four burly negroes
went to a grocery store at Guanajayabo
and without a word of warning over
powered the grocery man and his broth
er-in law and stabbed them to the heart.
The negroes then rushed after the
storekeeper’s wife and three daughters,
aged respectively 17, 6 and 4 years, with
the intention of assaulting. The woman
and her daughters made a desperate
struggle, shrieking wildly for help. But
the negroes inflicted injuries upon all of
their victims from which they died.
Tfir y then plundered the grocery store
and disappeared.
Their crime was discovered by a wihito
man of the country district, who as
soon as he saw the bodies of the victims of
the negroes left for Ganajay and placed
the matter b* fore the authorities. The
countryman found that one of the little
girls was still alive when he entered the
store, and it was from her. almost her
last breath, that be obtained the details
of the crime
The inhabitants of the country around
Guauajajabo and the police have started
in pursuit of the lour wretches and it is
said that they will surely be cut to pieces
if captured.
His Head Sawed in Two.
Baltimore, Md., July 12. George H.
List, a carpenter, was instantly killed at
the Mount Vernon shops of the Pennsyl
vania Railroad Company, this afternoon.
Behind the place where he stood to
operate a ciicular saw was a large pile
of lumber, which from some unknown
cause toppled over, throwing him against
the swiftly revolving saw. In an instant
the blade had almost bisected his head.
His brains was scattered in all direction*.
Hoke Smith Asked to Speak.
Gainesville, Ga , July 12 A petition
signed by several hundred of the prom
inent citizens in the city and county has
been forwarded to Secretary of the In
terior, Hoke Smith, asking him to ad
dress the people here on the financial
question at an early day. If the Secre
tary accepts one of the largest assembla
ges ever seen in Northern Georgia will
gather to hear him.
Mr». Farrell May be Acquitted.
La Plata, Md., July 12. -The testi
mony in the Farrell pqisoning trial was
finished to day aud the case will proba
bly be brought to a c’ose by Saturday
night. Mrs. Farrell looked greatly re
lieved when the announcement was made
that the evidence was all in. The con
census of opinion is that the jury will
disagree. Many look for an acquittal.
CHRISTIAN ENDEAVOR
FOtRTEENTE INTERNATIONAL
CONVENTION IN SESSION
IN BOSTON.
THE THIRD PROCEEDINGS.
The Weather Was Perfect Yesterday
and nil the Churches Were Filled—
Twenty Thousand Persons Partici
pated in the Meeting—Business Meet
ings In the Afternoon and Presenta
tion ot State Banners— lttendanee
Larger Than Expected.
Boston, Mass., July 12.—The third
day of the fourteenth International
Christian Endeavor Convention was
blessed this morning with ideal weather.
Despite the immense amount of energy
expended by the delegates at the great
meetings of yesterday, and the greater
meetings of last evening, thousands of
them were up almost with the sun this
morning, making their way to the city
churches in the city and vicinity to at
tend the early prayer meeting, that be
gan at 6:30, and lasted 45 minutes.
All of the churches were well filled at
these early meetings, and it is esti
mated that fully twenty thousand per
sons participated in them. Besides the
delegates, many residents of the city at
tended before beginning their labors for
the day. Some of the largest meetings
were those held in Park Street Church,
near Boston Common, the Shawmut
Congregational Church, the old South
Congregational Church and the old Bap
tist Church, and North Avenue Baptist
Churches in Cambridge. After the
church meetings rallies and song services
were held in the streets in many parts of
the city and hundreds on their way to
work stopped to participate in them.
The morning session in the tents Wil
listone aud Endeavor aud in Mechanics’
Hall were attended by the same great
hosts that were there yesterday. Before
9 o’clock a throng crowded the steps
to the entrance of Mechanics’ Hall sing
ing Endeavor songs, while they were
awaiting admission. On the Common
this scene was duplicated outside the
teuts. As yesterday, hundreds were un
able to secure admittance at the hall and
later repaired to the tents.
The sessions this afternoon partook
more of a business character than their
predecessors, interesting reports of the
information and reports from the de
nominational meetings taking up an hour
of the meeting in the tents. Features of
the sessions were presentation of the
State banner fur the greatest piopoitioa
ate increase in the number of local
societies, made by Rev. Wayland Hoyt,
D. D., of Minneapolis, in Mechanics’
Building; of the State Banner for the
greatest absolute gain in the number of
societies, by Rev. F. H Hamilton, of
Newtonviile, Mass., in tent Willistone,
and of the junior State Banners tor the
greatest proportionate and greatest act
ual gaii) in the number of societies, by
Rev. J. f. Cowan, D. D., of Pittsburg,
in tent Endeavor.
Among those who made addresses to
day were Rev. A. D. Thealer, of .Winston,
N. 0., and Prof. J. L Howe,of Lexington,
Virginia.
Thousands to night attended three
marvelous gatherings in Mechanics’
Hall and tents Endeavor and Willistone.
Unwearied by the fervor of the huge
morning meetings, untired by the earn
est efforts of the noon rallies in the open
places where congregate the toilers of
Boston, and unsatisfied with the encour
agement gained at the fifteen general
committee meetings this afternoon, the
Christians gathered 25,000 st.ong at big
meetings at the three great auditoriums
of Mechanics’ Hall and tents Willistone
and Endeavor.
At Mechanics’ Hall the address of Itev.
A. C. Dixon, D. D., of Brooklyn, at
tracted thousands while other thousands
were draw® to tent Willistone by the an
nouncement of an address by Rev. Henry
Montgomery, of Belfast, one of the ec
clesiastic triumvirate of European fame,
Spurgeon, Brown and’ Montgomery.
Pennsylvanian! were partial to Me
chanics’ Building because McCrery, D.
D., of Pittsburg, widely and favorable
known throughout the Keystone State,
was one of the speakers. Amor g other
good speakers at the tent Endeavor was
Rev. Heildek, of Hagerstown, Md.,
whose subject was “Tne Centrality of
Cristian Fellowship.”
At the tents, Endeavor and Willistone,
the five minute greetings of Endeavorers
from the corners of the earth,constituting
that part of the programme designated
“The Parliament of Nations,” were both
encouraging and instructive, and at
all three meetings the presentation
of a banner to a local union for best
work in promoting local fellowship was
a happy Incident.
The other speakers at the meeting to
night were received with that warmth
that has uninterruptedly been the spirit
of the convention, and especially does
this apply to the report of the “Senior
Mothers” or parent society, which was
given at Mechanics’ Building by Rev. H.
W. Kinney, of Syracuse, New York. This
is comparatively a new feature of the
Endeavor Society and its increase as in
dicated in the reports, produced marked
enthusiasm.
Death of Mr. Cheek in Siam.
Oakland, Cal., July 12.—Mrs. Marion
A. Cheek received a telegram to-day an
nouncing the death of her husband in
Siam. Cheek went from North Carolina
to Siam as a missionary twenty-two
years ago, and rose in power and wealth
until at the time of his death he was one
of the most intimate counsellors of the
Siamese King.
PRICE FIVE CENTS.
HE ASSAULTED MISS PHILLIPS.
The Private Secretary of Senator Har
ris Indicted by the Grand Jury.
Special to the News and Observer.
Washington, I). C., July 12.
Benj. Harrison Milliken, private Sec
retary to Senator Harris, of Tennessee,
was yesterday indicted by the grand jury
of the District of Columbia for breaking in
to the house of Solicitor General Samuel
F. Phillips and making a felonious as
sault upon his daughter, Miss Gertrude
Phillips.
Mr. Milliken had been paying some
attention to Miss Phillips until recently
when bis visits were forbidden.
For some time past Milliken has been
a frequent caller at the house of Mr.
Phillips. Mr. Phillips has two daugh
ters, Gertrude and Nora, both accom
plished young ladies of high character,
and to the former Milliken was especially
attentive. Milliken was always welcome
at the house as his charater was supposed
to be of the best. On the night of the
Fourth, Milliken called at the Phillips’
residence and asked for Miss Gertrude.
When the latter saw him she noticed
that he acted queerly, as if he was un
der the influence of liquor. She left
him at once and retired to her
room. Milliken then summond a
servant ar.d sent his card up to the young
lady, but she refused to see him again
and the servant showed him to the door.
About mid night, atter everyone in the
house had retired, Mr. Phillips was sud
denly aroused by his daughter Nora call
ing to him excitedly. Gertrude and Nora
occupy communicating rooms on the
third floor.
Judge Phillips, who is well known in
North Carolina, when interviewed said:
“This affair occurred on the night of
Juiy 4. I was passing the evening with
my wife ?ud two daughters; about 10
o’clock my wife, accompanied by my
daughter, Nora, went up stairs and re
tired Gertrude stayed with me until
about 12, when we both retired. I had
just fallen asleep when my daughter,
Nora, called me. I rushed out and
found;.both my daughters standing in
the hall weeping. Gertrude cried, in an
agonizing way, that a man was in the
room. In the excitement, Francis Mc-
Kenney,my partner, rushed up stairs with
a pistol. While I held the knob I felt
some one turn it, and heard the click of
the lock. In a moment the man on the
inside put his hands on the transom and
started to draw himself up. I hit him
on his knuckles and he dropped back.
In the meantime two policemen had
come in. The man then raised the win
dow and jumped out, but was soon held
up by the policemen. The man proved
to be B. H. Milhkon. I learned that he
came in through the window and was
standing over Gertrude with a handker
chief saturated with chloroform. She
dashed his hand aside and rushed out of
the room.
“My daughter is still in a state of ner
vous prostration. She has not recovered
from the first shock yet. I always re
garded Milliken as a* gentleman until
this affair. He must be crazy. In many
countrii s this man would be lynched. ”
Milliken was recognized as he passed
under a light, was arrested and taken to
the station house, but was subsequently
released. Two days later, Milliken left
the city and has not yet returned.
It seems the matter was kept from the
public at the request of the family, other
wise it would have been made public
sooner.
Hon. F. A. W T oodard arrived here yes
terday and visited the War Department
to-day.
Mr. P. M. Wilson returned last night
from Atlantic City where he has been
for ten day.
Mr. L. 8. Cannon leaves to-night for
his home in North Carolina to take his
month’s leave.
Arrivals.
Miss Mary Belle Miller, Charlotte.
W. D. Mendenhall, Greensboro.
A. M. Scales, Greensboro.
P. H Harris, Winston.
BASEBALL YESTERDAY.
At Louisville:
Louisville, 00080100 o—4
Boston, 0 0 0 1 0 0 0 0 o—l
Batteries: Weyhing and Warner; Sex
ton and Tenney.
Base hits: Lonisville, 7; Boston 10.
Errors: Louisville, 0; Boston, 3.
At St. Louis:
St. Louis, 00120003 x -6
Philadelphia, 0 1 0 0 0 0 0 0 o—l
Batteries: Breitenstein and Miller;
Lampe and Buckley.
Base hits: St. Louis, 9; Philadelphia, 4.
Errors: St. Louis, 1; Philadelphia, 1.
Wife Fled With the Boodle.
San Francisco, July 12.—Richard
McDonald, Jr., who has been in jail over
a year awaiting trial on a chaige of
wrecking the Pacific Bank, of which he
was President, Is in more trouble. His
wife, who has been devoted to him
during his coufinemeut, is said to have
tied to Europe aud taken with her SIOO,-
000 with which McDonald hoped to re
gain his liberty.
Still W hipping the Chinese.
Yokohama, July 12. — Seven hundred
Chinese attacked H. Singchu, Island of
Formosa on July 10. Two hundred o£
them were killed and many were cap
tured. On the Japanese side the loss
was eleven men.
For a Monument to Gen. Fremont.
New York, July 12—The Associated
Pioneers of the territorial days of Cali
fornia have issued a call to the late Gen.
John C. Fremont’s friends for funds to
erect a suitable monument over that sol
dier's grave.
At Louisville
At St. Louis