For the State: RAIN. The News and Observer. VOL. LI. NO. 113. Leads allMorthCaFolina Bailies in lews and Circulation UNDER THE BUCK CUP THREE GO DOWN TO DEATH Frank Johnson and Ben Fos ter Are Hanged at Asheville. JOHN H. ROSE AT WILSON Johnson Smiles on the Scaffold Saying Better Death Than Life Im prisonment. FOSTER TALKS WITH RELIGIOUS FEROR Story of the Crime lor Which Johnson and Fos ter Paid the Death Penalty. Rose Died For the Murder of Thomas Farmer. • (Special to News and Observer.) Asheville, N. C., Feb. 26.—Frank Johnson, alias Dudley Johnson, alias Frank Wilson, white and Ben Foster, colored, were hanged here at 12:30 today. Johnson's neck was broken and he died in eighteen minutes. Foster died in twenty-five minutes by strangulation. Johnson showed remarkable coolness and nerve. He smiled on the scaffold and in conversation shortly before his death said he preferred hanging to life imprisonment. To the last he refused to divulge his real name. Foster talked with religious fervor. Both men were baptized yesterday. Their funeral took place this afternoon- A groat crowd surrounded the jail be fore and after the execution. Two men hung and two imprisoned for lito is the result of the burglary which occurred at the Emma postoffice last February. The case of the four Emma burglars has for the past year been the cause of widespread comment and argument and has created much controversy. The men were tried in the Superior Court last summer and sentenced to die by hanging August 16, 1901. Solicitor J. M. Oudger, Jr., was assisted in the prose cution by Frank Carter, Esq. The de fendants were ably represented by Hon. Thos. Settle, R. M. Welk, M. W. Brown, H. B. Carter and T. J. Harkins, Jr. By appeal the case was taken to the Supreme Court and the decision of that body was not made until the 21th of De cember. The verdict of the Superior Court was sustained and February 26th f'\ed by the Governor as the date of ex ecution. The decision that the burglars must suffer the death penalty brought many petitions and letters to the Governor and many citizens saw him personally in an attempt to have the sentence commuted. Governor Aycock said, however, that he would not interfere with the decision of the courts and the law must take its course. On last Friday news xvas received here lhat the sentence of two of the burglars, Gates and Mills, who had had least to do with the robbery, had been commuted to life imprisonment. The other two, Johnson and Foster, paid the penalty of their crime today (Wednesday.) STORY OF CRIME. On the night of February 8, 1901, four robbers attempted to plunder the post olfiee at Emma, a village three miles west of Asheville. They forced an entrance into the build ing but were met by a brave man, who l existed their attack and foiled their at tc nipt. The four got away with only a fe w dollars and a pistol. Within six hours they were captured and the next morning were in the county jail.. Two of the men were white and two were ne groes. The whites were Russell Gate's and Dudley Johnson. The colored boys Harry Mills and Ben Foster. All were young, the oldest not 26, and except Gates, who was not known here, all bore bad reputations. The man who seemed to lead the gang was Foster, who had served for several years on the chain gang and who had escaped a number of times. He had al ways been unruly on the gang. Johnson, it is said, was a professional safe breaker, and had an altogether bad reputation. Mills had been irt trouble before and had served a term or two with the chain gang. For several weeks daring fight attacks and burglaries had been made on Ashe ville's streets and the police were on the lookout for the perpetrators. Early on the morning of Feruary 9 the city was roused by the news of the bur glary at Emma, and for a time there was great excitement. The robbery occurred about 9 o’clock in D. Y. McLellan’s store, where the post office is. Samuel Alexander, a frail young fellow of 24, who was clerk, had just closed the store for the night, when a call came from’ outside. The speaker called that some one wanted some groceries and Mr. Alexander stepped to the door and unlatched it. He was immediately cov ered with a pistol by a masked man. who pushed his way into the store and told j the clerk to obey orders as he valued his ' life. A companion robber, also masked, 1 Farmer. followed and the two (Johnson and Fos ter). directed Mr. Alexander to go to his room for his revolver. The man obeyed and was followed by the two robbers, who, when they had possession of the weapon, told Mr. Alexander to unlock the postoffice. Upon finding that he had not the they ordered him to unlock the safe. Mr. Alexander told him that he did not know r the combination. One of the robbers then drew a knife, threaten ing to cut his throat if he did not obey. Mr. Alexander opened the safe at that and Johnson, laying his revolver down on the top of it, proceeded to rifle at, while Foster kept Mr. Alexander covered. Suddenly a slight noise in the back of the store, made by a cat, drew the at tention of Foster. Mr. Alexander quick ly caught up the revolver from the top of the safe, and turning upon Foster, shot him in the left side, just below the heart.. Foster fell and Mr. Alexander tried to shoot Johnson. The revolver missed fire and the two grappled in a life and death struggle. As they fought Foster fired at Alexander and the ball struck him in the left thigh. Mr. Alex ander then fired again at Johnson and wounded him in the shoulder and jaw, the bullet ranging upward from the shoulder and striking in the face. Mr. Alexander finally overpowered his assailants and dragged them to the porch. He then fell, weakened from the loss of blood. Gates and Mills were waiting outside for their companions, and all four made off, the uninjured men helping the In jured. By the Odd Fellows’ signal of distress Mr. Alexander roused Mr. McLellan. About 11 o’clock news of the trouble was received at police headquarters here and three policemen were detailed to search for the men. They were found in a short time .in a section known as Scratch Ankle and made no resistance to arrest. * Between $lO and S2O was found on the (Continued on Second Page.) RESENT IIS ACTION Roosevelt Asked to Withdraw Acceptance of Invitation to Present Sword, (By the Associated Press.) Augusta, Feb. 26. —Bieutenant Gover nor James H. Tillman, who is in th's city, says that today, in deference to requests by wire from subscribers to the fund for the sword alluded to, he telegraphed as follows to President Roosevelt: “A short while ago I had the honor to address Your Excellency a letter re questing that on the occasion of your visit to Charleston you present a sword to Major Micah Jenkins, of the First United States Volunteer Cavalry, whose gallant srevice you spoke of so highly, your words oeing engraved on the scab bard. You accepted the invitation, for which we thank you. I am now request ed by contributors of the sword fund to ask that you withdraw said acceptance. (Signed) JAS. H. TILLMAN, “Lieutenant Colonel First South Carolina Volunteer Infantry and Lieutenant Governor of Sotuh Carolina.’’ In explaining the sending of the tele gram Lieutenant Governor Tillman said: “It is with much regret that I am di rected, or rather required to send this telegram, especially in view of the fact that I am so closely related to one who but a few days ago was subjected to an affront which was seemingly, or at least the people who contributed to the pur chase of the sword think, unwarranted.” H. and B. Beer’s Cotton Letter. (Special to the News and Observer.) New Orleans, La., Feb. 26.—Liverpool advices were more favorable than anti cipated and our market in sympathy opened unchanged, advanced six to seven points later on fresh buying, closing at a net gain of six points. Port receipts for the five days are 20,000 in excess of last year. The semi-weekly interior re ceipts were 59,000, against 38,000 last year and 37,000 year before last, being the largest on record for this time of the year. The loss In stock, however, was 18,000, against 1,000 last year and 18,000 year before last. The movement ccntinues large but everything appertain ing to facts is ignored and sentiment is rampantly bullish now on the expected marked falling off in receipts dp ring March. These assertions have been in circulation since December and although the movement during the interim has proven the incorrectness of such claims, they are as vigorously disseminated from week to week and accepted only to meet with no realization. Cables predicting the long anticipated perpendicular drop in the movement during March also oc casioned the firmness in Liverpool today. We must have a decided decrease in re ceipts soon or short crop advocates must abandon their estimates. The trade have been working on a small crop basis, but this on its face points to a crop of 10,933,000, therefore those believing and working on a crop of 10,000,00 or under cannot continue to assert that these fig upres are correct, but they will have to prove that such is the case. For the present manipulation and sentiment sus tain values, consequently if new buying can be attracted to the article prices may be maintained. H. & B. BEER. Gold to Burope. (By the Associated Press.) New York, Feb. 26.—The National City Bank announced today that it will ship $700,000 in gold to Europe tomorrow. Lazard Freres will ship $1,000,000 and j Heidbacli. lekleheimer & Co. $750,000 sold 1 sold to Europe tomorrow. 1 RALKIGH. NORTH CAROLINA, THURSDAY MORNING. FEBRUARY 27. 1902. WILL HARDLY GO BEYOND CENSURE Democrats Will Not Submit to Suspension, BAILEY GIVES WARNING Republicans Want Severer Punish ment For Tillman. DEMOCRATS GENERALLY OPPOSE THIS Sub-Committee Will Meet Today to Frame a Resolution For Action of the Full Com mittee Which Meets Again Friday. (Bv the Associate Press.) Washington, Feb. 26. —The meeting of the Senate Committee on Privileges and Elections this forenoon, did not result in supplying any solution of the difficulty before the Senate in collection with the Tillman-McLaurin matter. The Republi can members of the committee frankly confessed that they had not been aide to formulate a scheme which would relieve the situation, and after less than an hour’s discussion they asked that the committee should adjourn until 2 o’clock this afternoon with the understanding that the Senate should adjourn after a brief session and thus give the commit tee an oportunity to fully consider this important matter, which most Senators look upon in its present shape as a stumbling block in the way of all other legislation. The meeting of the committee was marked by the best of feeling on the part of all the members, and all agreed readily to a preliminary suggestion by Chairman Burrows that the question should be approached from a purely non partisan standpoint, because of its gen eral importance. It was evident, how ever, that the Democrats were inclined to apprehend some effort at political ad vantage on the part of the Republicans, and the channel through which they ex pected this manifestation soon became evident when Senator Foraker made ihe suggestion that there should be a severer degree of punishment meted out to Sen ator Tillman than to Senator cLaurin. Senator Dubois met this suggestion with a- positive negative, and when the sug gestion vas afterward made that Senator Tillman shoull be called upon to prove before the committee the charge which he had repeated in the Senate that his colleague ad yielded to undue influence, there was a hint that if this matter should be entered upon some Senators would insist upon the re-opening of the charges on file in the committee, in connqctio with the election of other Sena tors, which charges have never been dis posed of. During the morning meeting of the committee Senator Bailey notified the Republican members that the Democrats would not submit to the adoption of a resolution suspending the South Carolina Senators. He said he agreed that they should be punished for their breach of the peace in the presence of the Senate, but he was satisfied that the Democrats would not submit to anyp roceeding which would deprive a State of representation. Some of the Republican members of the committee replied that they agreed as to the unwisdom and impracticability of proceeding byway of suspension. While no positive statement of policy was made from the Republican side there was enough said to lead to the conclu sion that the proposed resolution for suspension has been abandoned and that the punishment suggested will be in the form of censure. Indeed some of the Re publican members of the committee say that this is practically the only course open to them. The Republicans, however, will contend for more severe rebuke to Mr. Tillman than shall be administered to Mr. McLaurin, and the Democrats will resist this discrimination. That i» now the point of greatest difference. The committee on Privileges and Elec tions continued its consideration of the Tillman-McLaurin episode during the afternoon, but reached no conclusion be yond deciding to refer the entire matter to a sub-committee, and to meet again on Friday to consider any recommenda tion made by the sub-committee. The afternoon session lasted three hours and after the Democratic members took their departure at 5 o’clock, the Repub licans continued the sitting. The meet ing of the full committee was devoted to a general exchange of views. No vote was taken on any proposition; indeed no proposition was made by either the ma jority or the minority. There was en tire agreement on the one point that both the South Carolina Senators should be punished, but there was disagreement on the details of punishment as well as on the degree of it. The Senators had before them full reports of the speeches of both the Senators, making careful comparison of their language. Each member also was provided a copy of the Constitution and of the rules of the Senate, and these as well as the estab lished parliamentary authorities were consulted frequently. A half dozen different suggestions were made as to modes of punishment, including suspension and censure by the Senate and censure with the added re quirement of further apologies from the offenders. There also was a continued The Weather Today. discussion of the relative punishment of the two men. Most of the Republi can members of the committee hold that to Senator Tillman should be awarded a more severe form of rebuke than to Senator McLaurin, while the Democrats do not generally concede there should be discrimination. Senator Bailey quoted at length from the speech made by Senator Tillman, which provoked the reply of Senator McLaurin, contending that it did not make a specific charge of bribery. The Democrats also held out stiffly against all suggestions looking to the suspension of the privileges of Senators as an at tack on the rights of the State they rep resent, rather than on the Senators themselves. When the commite adjournd its mem bers professed to be hopeful that a unanimous agreement would bo reached, but they were not so hopeful as they had been when the noon recess 'was taken. The proceedings were not of a character to permit of any definite con clusion as to what the result would be, though so far as they went they indicat ed censure as the form of punishment more likely to be recommended. Some of the Republicans, however, are lidding out for a more pronounced rebuke to Senator Tillman than could be given in any verbal reprimand. The sub-committee appointed is com posed of Senators Burrows, Hoar, For aker, Republicans, and Senators Pettus and Bailey, Democrats: This sub-com mittee will meet tomorrow afternoon and make an effort to frame a resolution for the action of the full committee, which will meet again at 10 o’clock Friday. ~ Galleries Again Disappointed. TP (By the Associated Press.) Washington, Feb. 26. Again today the galleries of the Senate were thronged (Continued on Second Page.) CAPTURE Os LUCHIN Dashing Filipino Leader Who Made the Mountains of Samar His Home, (By the Associated Press.) Washington, Feb. 26. —Gen. Chaffee to day notified the War Deartment that ieut. Stribler, of the Philippine scouts, captured Gen. Lucban on the 22nd in stant. The prisoner is confined at Laguan. Another capture is recorded in the same district, namely that of William Dun , ston, said to be a deserted from Com pany C, Eighth Infantry, who had'ln his possession a lot of arms and ammunition and all of the tools necessary for the making of ammunition. He was captured by Second Lieut. Pratt, First infantry, at Caghaian, on the Island of Samar. The lieutenant also destroyed the Cuar tel and the factory and killed eleven soldiers, besides capturing all of Dun ston’s correspondence. The officials of the War Department regard the capture of Lucban as the mest important military event since Asuinalcto’s capture. He was run down on the Island of Samar. The place of his confinement is a tiny island in a bay on the north coast of Samar. Lucban is one of the most energetic and ferocious rebels. He is a half-breed, a mixture of Chinese and Filipino stock, and he has been an irreconcilable from the first. He had various fastnesses in the mountains of Samar, from which he v.ould descend upon the coast towns and his reign of terror was so complete that the entire population of the island paid tribute to him as the price of freedom from attack. Ordinary campaign meth ods failed in his case and his capture row is believed to be the natural working out t>f the system of dividing the island into small squares by military garrisons and making it impossible for the insur gents to obtain food or shelter. No details of the capture have been received. Gen. Chaffee has ordered that Lucban be treated as a prisoner of war of offi cer’s rank. THE D A. B DAY Addresses Will be Made at Exposition by Bcbley, Hobson and Others. (By the Associated Press.) Charleston, S. C-, Feb. 26-—D. A. R. Day at the Exposition will be celebrat ed by public exercises tomorrow at the auditorium when addresses will be made by Admiral Schley, Captain Hobson and others. Mrs. C. W. Fairbanks, presi dent general of the National Daughters of American Revolution; Mrs. J. C. Bur rows, a vice-president general, and Mrs, Daniel Manning arrived here today and will take part in the ceremonies tomor row. Admiral Schley will be welcomed on his arrival tomorrow with an artillery salute by th? local naval reserves, for merly the LaFayette Artillery who vol unteered in the Spanish-American War. WILL COME TO ASHEVILLE. Governor Durbin and staff of Indiana, celebrated Indiana Day in the Pennsyl vania Building at the Exposition todav Mid were entertained at luncheon in the Woman’s Building- They visited the midway and the court of palaces and were enthusiastic in their comments on the exposition. A visit to Fort Sumter and other historic points in the harbor was keenly enjoyed- Tonight they left here for home via Asheville, where they will spend a day. That student who lingers around the ! foot of his class may eventually become I a firstlclass chiropodist. For Paleigli: Cloudy; Warm Wave. GERMANY EXTENDS A RAND ACROSS [RE SEA Desire For Friendlier Rela tione With the United States THIS BRINGS THE PRINCE So He Declares in a Short Address at the Press Banquet in His Honor. DINES WITH THE CAPTAINS Or INDUSTRY Later He Reviews the Torchlight Procession of the German Societies. A Visit to Grants Tomb is Postponed. One Thousand Present at Press Dinner. (By the Associated Press.) New York, Feb. 26.—Prince Henry of Prussia remained on board the Hohenzol lern this morning. A visit to Grant’s tomb, which the Prince had desired to make early in the day, was postponed, because (he wreaths to be placed on the sarcophagus were not finished in time. The Prince left the Hohenzollern about noon, and escorted by Troop C, went to Sherrys. Heading the procession was a squa dos mounted police.| Prince Henry rode in an open barouche and following wore carriages containing members of the Prince’s suite and Rear Admiral Yonßaudissin. The party arrived at Sherrys at 12:30. With Princa Henry were Admiral Evans, Admiral VonTirptiCz, Gen. Corbiu, Commander Cowles, Col . Bingham and Assistant Secretary of State Hill. The luncheon was given in the ball room. Eleven tables had been arranged, cres cent shaped, each table seating twelve guests, with the exception of the Prince’s table, which had twenty guests. All sat on the outside of the crescent so that every guest faced the Prince. The room was beautifully decorated. Among the guests were 11. Me. Twom bley, Daniel S. Lamont, Alexander F. Orr, J. Pierpont Morgan, 11. H. Vreeland, Ex-Attorney General John W. Griggs, Abram S. Hewitt, Chauncey M. Depew, Lieutenant Governor Woodruff, Rear Ad miral Melville, Charles A. Moore, Emil Boas, Thomas A. Edison, John A. Mc- Call, Nathan Strauss, E. J. Berwind, William 11. Cramp, Prof. Simon Newcomb, John A. Bradshear, Dear Admiral Walk er, George Gould, Alexander Graham Bell, Dr. S. Weir Mitchel. I). O. Mills, the Ger man Ambassador, Dr. Vonllelleben, Geo. F. Bates, Henry O. Havemeyer, Charles M. Schwab, J. Ogden Armour and Adol pbups Busch From the dinner give nby the “cap tains of industry,” Prince Henry, pre ceded by mounted police, who cleared Fifth avenue of all vehicles, sending them into the side streets, was driven to the imperial yacht Hohenzollern. After a two hours’ stay the Prince accom panied by his suite, Ambassador VonHel lebcn and Admiral Evans, was driven to the Arion Society Hall, there to review the torchlight procession of the Gorman societies. He was escorted by Troop C, of Brooklyn, and mounted police. THE PRESS BANQUET. Henrj Tines at the Waldorf Astoria With Men Who Make Newspapers. (By the Associated Press.) New York, Feb. 26.—Prince Henry of Prussia dined tonight with 1,060 of the men who make American newspapers. He was the special guest of Herman Kid der, proprietor of the New Yorker Staats Zeitung, who gathered at his table a majority of the leading figures in American journalism. They came from four quarters of the country and made the most noteworthy gathering of their profession ever assembled in the United States. There was a felicitous exchange of greetings between Prince Henry and the men who spoke for the journalistic craft and the affair claims rank as one of the notable Incidents of the American tour of the German Prince. The dinner was given in the handsome ball room of the Waldorf-Astoria Hotel, but that immense apartment was not large enough to accommodate the mnirr ous guests and the Astor gallery was also used. The two rooms were splendidly deco rated. Mr. Ridder and the. special guests sat at an elevated table, above which were the American and German flags. The staves were crossed and the banner, draped fan-like reached out like the wings of a huge butterfly. Above them was the Prussian eagle done in incandescent lights. From the boxes hung clinging vines, and set in on the ledges were hundreds of palms. Each table carried bouquets of American Beauty roses, around which were can delebra shaded in red. As the diners took their places the ladies of many of the party appeared i:i the boxes which wall the room. Prince Henry, attended by the members oof his suite, drove to the hotel under escort of cavalry and mounted police. The demonstration in the streets leading to the hotel was the most cordial of any PRICE FIVE CENTS. that has so far marked liis appearance in public. Great crowds lined the way and pressed against the police guards that had been thrown around the 33rd Street entrance to the hotel. They cheered when the Prince came in sight and he frequently raised his hand to his cap in acknowl edgement of the demonstrations. Old Books Purchased The State Library has recently bought from Henry Stevens, Son & Stiles, of London, seven volumes relating to a'con traversy between Colonial Governor Arthur I)obb3, of this State, who was Governor from 1754 to 1765, and one C’apt. Christopher Middiatom, concerning the discovery of some overland route. The age of the books, and the fact that they treat of one of our old eolonial governors, makes them of considerable interest. The price paid was fourteen pounds, five shillings and four pence. To Deal in Sugar Futures. (By the Associated Press.) New Orleans, -Feb. 26.—The New Or leans Sugar Exchange has decided after an exciting meeting to establish a fu tures branch. The progressive element ol toh exchange has been endeavoring to make this change for several years, believing that it would tend to make New Orleans a more important sugar market. The “Naiad’’ Burned. (By the Associated Press.) Columbus, Ga., Feb. 26-—The steamer “Naiad,” owned by the Georgia and Florida Navigation Company, of this city, was burned at Blountstown at 2 o’clock this morning. No lives were lost. The beat and part of her cargo, includ ing the United States mail was a total loss. HERE’S fl HOT LETTER Collector Refuses Depart ment’s Command to Re scind Order. (By the Associated Press.) Washington, D. C-, Feb. 26. —Some time ago the Secretary of the Treasury received unofelai information to the ef fect that J. W. Ivey, Collectom of Cus toms at Sitka, had instructed his depu ty at Unalaska not to permit Canadian vessels presumably about to engage in pelagic sealing, to obtain supplies at that port. The collector was directed to send a statement of the facts to the department and was informed that if such orders had been given they must he rescinded. Today the department re ceived a telegram from Ivey, saying: “My Americanism will not allow me to rescind an order which gives British subjects privileges within our marine jurisdiction, which are denied our own people. There is another matter that may attract your attention. I have re cently issued orders to the deputy at Skagway.-a copy of which has been sent you, which has put Canadian officers lo cated there out of the business and sent them to their own territory- You are aware of the fact that this officer be came so offensive that he interferred With Amoricau officers in the discharge of their official duties, opened United States custom mail, dominated over the railroad officials, discriminated in the order of shipment in favor of Canadian merchandise against that shipped from Seattle, established a Canadian quaran tine at. Skagway, collected moneys and performed other acts of British sover eignty in a port of the United States, such as hoisting with bravado the cross of St- George on the flagstaff of his cus tom house. I have sent the concern, bag, baggage, flag and other parapher nalia flying out of the country. You may fear the shadow of international complications and rescind this order but a Reed, a Olney or a Blaine would not.” Death of Rev. Mr. Proctor. Yesterday at one o’clock, Rev. F. W. Proctor died at she home of Mrs. J. A. Egerton, his half sister. Mr. Proctor had suffered from con sumption for many months, and came to Raleigh last November with Mrs. Proc tor in (he hope of improving his health. Mr. Proctor was thirty years old, a na tive of Dinwiddie County, Va., near Petersburg. His last church was at Newport News. Va- He legves a wife, mother, a brother and a sister. His brother, William R. Proctor, is pastor of the McKenzie Methodist church in Norfolk. He has been telegraphed for, and will accompany the remains to Petersburg teday, where the interment will take place in the family burial gicund this afternoon. Bunn-Williams. A quiet home wedding was celebrated last night at 9 o’clock, when Miss Eula A. Williams was married to Mr. \V. H. Bunn, at the home of the bride’s lather, Mr. Thos. Williams, on Firwood avenue. The ceremony was performed by Rev. R. 11. Whitaker. Atlanta. Ga., Feb. 26 —The Southeast ern Passenger Association, embracing all railroads south of the Ohio and oPtomac Rivers, and east of the Mississippi to day announced a rate of one cent per mile each way to the reunion of Con federate veterans in Dallas, Texas, in April. *

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