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4 4444444444*444444>44^ t THE WEATHER TODAY. 4 •4 For North Carolina: 4 l FAIR. | ♦ ♦♦♦♦♦♦♦44444 444444444 VOL. LII. NO. 99. Leads all North (Carolina Dalles in Mews and Cirenlatioi NOMINATIONS FOB SUPERIOR COURT Peebles and Daniel in the Second District. FERGUSON AND BRYSON These Are the People’s Choice in the Sixteenth.' LYON FOR SOLICITOR IN THE SEVENTH The Conversion at Fayetteville Takes no Further Action. County Conventions in Bun comb?, Ashe, Gaston, Gates and Watauga. (Special to News and Observer.) Wei lon, N. .C, July 9. —The Democratic convention of the Second judicial dis trict was called to order here at live o'clock (his afternoon by Dr. I. E. Green, chairman of the executive committee of the district. The attendance was small, owing to the faet that the nominations of Peebles and Daniel were virtually made before the eonvention met. lion. R. B. Peebles, of* Northampton, was nominated for judge on the first bal lot, and Solicitor W. E. Daniel was nomi nated for solicitor. Captain Peebles’ nomination expresses the choice of a great majority of the Democrats of the district. He has always been true to his party, and as a lawyer he stands as high as any man in the State. He possesses to a remarkable degree the elements of character, legal knowledge, kindness of heart, steadfast firmness and a general knowledge of human nature, all combining eminently to fit him to adorn the Superior Court bench. He has rep resented his county in the Legislature with signal ability. In every campaign he has been in the thickest of the fight, giving his time and money freely for the success of his party. Often before he has been defeated for a nomination to some office for which he w r as a can didate, but never has he been known to sulk or scratch a ticket. True to party, true to his friends and believing at ail times that the majority should rule the minority he ha§ cheerfully submitted to defeat, and now lie earns a well de served honor at the hands of his coun trymen. Hon. W. E. Daniel, who was today nominated to succe 1 himself, was born in the county o. Ilr.ifax. August 11. 1859. He graduated at Wake Forest College with high honors in IS7B. He was then prepared by Judge C-eo. V. Strong, of F.aleigh, for the profession lie had chosen, law; and in 1881 he began to practice at the Halifax bar. He ran for the Legis lature in 1882 rnd was, of course, de feated. because no Democrat could have been elected to office in Halifax county r.t that time. Ur. Daniel served for four years as solicitor of the Superior court and was elected county attorney to the board of commissioners, serving them for four yoara. In 1894 he was elected solici tor of the Superior court for the Second Judicial district and again in 1898. To day he has been nominalist to succeed himself, and in this case it is clearly the office that sought the man. Mr. Daniel is the foremost prosecuting attorney in the South, and his nomination today gives additional testimony to the fart. Ho is a man who is well qualified to fill any position of honor and trust, and there yet awaits him still greater (honors, and in the near future there is no reason why he should not adorn the Supreme Court bench and the Executive chair could not find a safer or more learned occupant Halifax county is proud of her distinguished son He is a true and loyal Democrat, one who scorns the* idea that the time has come when every man can be a little party within himself and refuse to support the State ticket because, forsooth, of some little personal grievance. The convention did a splendid thing to day when it named as our standard bear ers Peebles and Daniel. T3E SEVENTH DISIRICT- C C- Lvon 13 Renominated For Solicitor by Ac clamation- (Special to News and Obsen§*r.) Fayetteville, N. C.. July 9.—The Judicial convention of the Seventh District met here at 1:20 todav and was in session half an hour. C. C. Lyon was nominated for Solicitor by acclamation. No otlmr business was transacted by tin conven tion. FERGUSON AND BRYSON Nominated For Judge and Solicitor in the Six teenth District. (Special to News and Observer.) Bryson City, N. C., July 9. —At the Judicial Convention of the Sixteenth dis trict, held here, the attendance was large. On the second ballot Hon. Gar land S. Ferguson, of Haywood, was nom inoted for Superior Court Judge. Mr. Thad Bryson, of Swain, was nomi nal oh for solicitor. Mr. Ferguson is easily one of the ablest lawyers in Western North Caro lina. lie was solicitor for several terms. The News and Observer Mr. Bryson is a lawyer of ability and popularity. ASHE IS FOR CLARK Divides its Vote For Associate Justice; Six For Brown, Five For Connor, (Special to the News and Observer.) Winston-Salem, N. C., July 9.—The Democrats of Ashe county in convention endorsed the administration of Governor Aycock and his appointment of State Superintendent Joyner, also the course in Congress of Senator Simmons and Representative Kluttz. Delegates to the various conventions were instructed to vote as follows: For Chief Justice. Walter Clark: for Associate Justice, G for Brown and r> for Connor; 5% each for Arnifield and Walker; for Judge of Superior Court, W. B. Council!; for State Senate, T. C. Bowie. A resolution was also adooted heartily endorsing Hon. C. B. Watson, of Forsyth, for the United States Senate. WATAUGA COUNTY CONVENTION. Solid For Clark and Armiield. Divides Be* tween Brown and Connor, (Special to the Nows and Observer.) Boone, N. C., July 9.—Watauga in structs for Clark for Chief Justice, Arnifield for Associate Jusitce. Divided as to Brown and Connor. L L. SMITH FOR JUDGE. Gates Instructed For Clark, Brown, Email and Ward (Special to News and Observer.) Gatesville, N. C., July 9.—The county convention unanimously passed strong resolutions instructing the delegates to vote for Clark for Chief Justice and Brown for Associate Justice. Ward for solicitor, and also adopted the following resolutions: "Whereas, we recognize in the Hon. 1,. L. Smith, oiu* eountyman, the elements of an able and incorruptible lawyer and possessing the qualities to make an effi cient and worthy judge; q^ul "Whereas, by his long and active ser vice in the Democratic party he is en titl'd to recognition at its hands; there fore be it “Resolved, that should Judge Brown ho elevated to the Supreme Court Bench that the Democratic party assembled in this convention request the Governor to appoint him to the vacancy in the dis trict.” The following resolution was adopted as a substitute for one offered by Gen. W. P. Roberts: "Resolved, that wo are opposed to any increase in taxation for public \ unless some constitutional method is de visee] whereby any such increase from the white race shall be applied to the white school fund.” Gen. W. P. Roberts addressed the con vention in a lengthy speech, in which he i tated that he would withdraw from the contest for Congress.' J H. Cathey Nominated For Senator. (Special to News and Observer.) Sylvn, N. C., July 9.—The contest for the nomination for State Senator between J. H. Cathey, of Swain, and Major W. W. Stringfield, of Haywood, resulted in the nomination of Mr. Cathey. He served as a member of the House in* 1897. Mr. Cathey is the author of the book that proves that Lincoln is a' native of North Carolina. This district is now composed of Haywood, Transylvania, Jackson and Swain. THIS GASTON CONVENTON. Platt D. Walker For Associate Justice. Webb For Solicitor. (Special to News and Observer.) Gaston, N. 0., July 9. —Gaston county Democratic eonvention today at Dallas was the largest in the history of the county. Every precinct was represented. It was a fine body indeed. All the old county officers were renominated with some changes in the board of commis sioners. Stonewall Durham was nomi nated by primaries foj; the State Senate, and William Thomas Love and John F. Deeper for House of Representatives. Hon. Platt D. Walker was unanimously endorsed for Associate Justice of Su preme Court, and Hon. J. T. Webb for Solicitor of bis district. Delegates to conventions were otherwise uninstructed. BUNCOMBE FOR CLARK. Honorable Locke Craig For Senator Moovo For Judgj (Special to News and Observer.) Asheville, N. 0., July 9.—County Dem ocratic convention held here today re sulted in the following ticket being chosen: Senate, Chas. A. Webb; Rep resentatives, Theo. F. Davidson, J. C. Curtis; Chairman County Commission ers. M. L. Deed; County Commissioners, Marion Glenn and C. P. Weaver; Senate, Chas. A. Webb; Representatives, Gen. T. E. Davidson and J- C. Curtis; Clerk, Marcus Erwin; Sheriff, J. Henry Redd; Register of Deeds, A. B. Fortune; Treas urer, T. M. Duckett; Tax Collector. J. K. Chambers; Coroner, W. E. Hemp hill; Surveyor, A. H. Stains. Hon. Locke Craig was unanimously endorsed by a rising vote for United States Sena tor. Hon. Clark carried the county almost solid for Chief Justice. Hon. Chas. A.. Moore was unanimously endorsed for Associate Justice: also Hon. Fred. Moore was endorsed unani mously for Superior Court Judge. The following resolution was passed: Whereas, since the organization of our Supremo Court, nearly one hundred years ago, no member of it has beep se lected from the Trans-Montane section of the State; And. whereas, we believe that said RALEIGH. NORTH CAROLINA. THURSDAY MORNING. JULY 10. 1902. section Is just entitled to representation in said court; And whereas, we have a candidate for the Democratic nomination for the office of Associate Justice of said court, in the person of Judge Chas. A. Moore, who has, bv his life and his career at the bar, shown ais eminent fitness to till that TTlgh office; Now, therefore Resolved bv the Democratic party of Buncombe county in regular convention assembled Ist. That we believe that the nomina tion of Judge Moore will greatly strengthen the Democratic party in this section of the State. 2nd. That we commend his candidacy to all the Democrats of the State, and earnestly request them to consider the same carefully, and tq aid us in securing his nomination, and thus recognize the claims of the Trans-Montane section. 3rd. That we heartily endorse his can didacy, and instruct our delegates to the State convention to cast the vote of this county for him, and to use all honorable means to secure his nomination. 4th. That the chairman and secretary of this convention are hereby directed to certify these resolutions to the State convention to bo held at Greensboro on the 16th inst., with the request that they be presented to the convention upon its organization. Jackson Springs Victorious. (Special to - the News and Observer.) Jackson Springs, N., C. f via Aberdeen, N. C„ July 9. —The locals defeated Aberdeen in a pretty game of ball here today by a score of 7 to 3. Batteries: Jackson Springs, Glenn and Stanley; Aberdeen, Knight an<i Celery. Cotton Crisis in Lancashire. (By the Associated Press.) London, July B.—The cdtton crisis in Lancashire is growing more acute. A meeting lias been called for July 11 to consider the replies to circulars advo cating joint action of the spinners in re sorting io short time. The general opin ion is that a curtailment of the produc tion on oven a more extensive scale than heretofore will be necessary to avoid heavy losses. If IS iJARIGE The Princess Rospigliosi De clared No Wife. Italian Prir.ce Marries American Divorcee. Tip Va ican Rtfusee to Ri cognize Marriage. (By the Associated Press.) Rome, July 9.—A great sensation has been caused here by the action of the Vatican authorities towards the Princess Rospigliosi, an American. Her husband is head of an ancient family of clerical nobility and liis brother is commandant of the Papal noble guard. On August 26, 1901, Prince Rospigliosi, married here Mrs. Marie Jennings Reid Parkhurst, of Washington, the divorced wife of Col. Frederick H. Parkhurst, of Bangor, Maine. The ceremony was civil and hence was not recognized by the Vati can. Princess Rospigliosi, who is now on the point of confinement, engaged an English blue sister as a nurse and the latter took up her duties. But Cardinal Macehi (secretary of Apostolic briefs), hearing of this forbade the sister to ful fill her duties on the ground that the marriage was non-existent. Then the Prince was furious and exerted all his influence to overcome the scruples of the church, but without avail. Eventually he was obliged to send to England for a nurse. The incident is expected to have important developments. REPUBLICANS TO OFFER THE NOMINATION TO PATTERSON It is Stated That The7 Want to Make Him Their Nominee For Chief Justice (Special to News and Observer.) Winston-Salem, N. C., July 9.—lt is given out hero today that the Republi cans will offer Mr. Lindsay Patterson, a prominent lawyer here, the nomination for Chief Justice of the North Carolina court. When questioned about the ru mor today Mr. Patterson admitted that he had heard such a repor® but statei that ho knew nothing official. Mr. Patterson was first a Republican, but became a Democrat when President Cleveland was first nominated. He was a presidential elector for the Palmer- Buckncr ticket. , Masonic Officeis Installed. (Special to News and Observer.) Youngsville, N. C July 9.—At a regu lar communication of Youngsville Iy>dge, No. 377, A. F. and A. M., the following officers were installed for the ensuing year: Prof. L. H. Allred, W. M.; R. E. Tim berlako, S. W.; J. F. Fuller, J. W.; J. C. Winston, Treasurer; S. E. Winston, Sec retary; J. W. Mitchell, S. 1).; J. K. Pearce, J. I)..; E. L. Hicks, Tiler. Mrs. John ’’ * ter son continues quite sick. Dr. I, G. Riddick is at Chase City with his brother, V. H. Riddick, who is quite sick. Cheatham Bros, are erecting a large prize house. The tobacco market will be managed by a clever and energetic set of men end they expect to handle a great deal of tobacco this season. PRESIDENT BUSBEE 10 THE STATE BID A Notable Address Delivered at Asheville. INFLUENCE OF THE BAR How This Influence May be Increased For Good. ADDRESS OF WELCOME BY J. M. MARTIN A Motion Made to Publish President's Busb-e’s Speich in Pamphlet Form Prevails. Hon. Francis T. Nicl ols De livers an Address, ■H (Special to News and Observer.) Asheville, N. C., July 9.—The fourth annual meeting of the State Bar Asso ciation was called to Order this morning at 11 o'clock in the ball room of the Battery Park Hotel by Chairman IT. A. London, of the Executive committee. Tin address of welcome was delivered by J. Harry Martin. In his opening remarks Mr. Martin paid a high tribute to Presi dent Busbee. He then extended a most cordial welcome to the association. The response was delivered by Hon. E. F. Aydlett, of Elizabeth City. President Busbee’s annual address came next, lie spoke as follows: PRESIDENT'S BUSBEE’S ADDRESS. “Gentlemen of the North Carolina Bar Association: "I congratulate you upon the assem bling of the fourth annual session of our association. We have had a year of peace and comparative prosperity within the borders of the State and our people »re constantly going forward in all mat ters aUecting the i good. Especially to be noted is the rapid progress we are making in commercial and industrial ac tivity and in the vital matter of popu lar education. "In all affairs that concern the public the bar of the State has always shown a keen and continuing interest. No popu lar movement for progress or reform or defence ever put in motion in North Carolina lias been without the leader ship of lawyers, in whatever field of ac tivity such movement may have been generated. From the beginning of our existence as a State, in every phase of public progress, the bar has had a sha ping hand, and this has been and is right ly so, for the bar of the State in its .collective strength constitutes the most capable, the most influential, the most patriotic and the most conservative force in the commonwealth. "There arc two causes that militate against the just and larger influence of the bar. One is, the lack at certain times of concerted and united effort; the other, the failure or the negligence of the bar in the matter of keeping its ranks purged of unworthy members. Let me say a word as to these two points. "To declare the need of united effort in the prosecution of any object is to ut ter a truism. Our profession, like all other professions and all other occupa tions, has had and still has its strength constantly dissipated by the lack of co operative exertion. This association has demonstrated the truth of the potency of combined endeavor in tin- few years of its existence. By its united effort two needed reforms have been brought about in North Carolina, in matters af fecting the-public generally and the bar primarily: the increase of Judicial dis tricts of the State to the number of six teen and the consequent speedier and more satisfactory settlement of legal controversies among our people, and the change in the rules of the Supreme court so that now a two-year course of study 'and a strict and sufficient written ex amination are required of persons be fore they are licensed to practice law. These reforms have been brought about by the action of this association. It shows that whenever we originate an;, matter of reform and press it with unan imity, it will prevail. "The existence of this association is predicated upon the need of the bar of North Carolina for organization and con centration of influence. Its very exis tence affirms the pregnant fact that only by the concentration of their strength can the lawyers of North Carolina oc cupy and hold that position of supreme and commanding influence which is theirs of right. I say, of right, because from the beginning iheir influence has always been given to the maintenance of consti tutional government find personal lib erty, to progress ami yet conservatism in all matters affecting the welfare of the State and the due administration of its laws. It has never yet come to pass in North Carolina that any measure of pub lic concern, supp’brted and advocated by ti united bar, has failed of success in the end. It is to be lamented (hat evdry member of the Bar in North Carolina is not a member of this association, that local associations do net everywhere ex ist. and that the Bar does not stand solid in respect to membership in this association, and therefore undivided and impregnable. In all the various condi tions of life in this country, commercial, professional and industrial, our history shows the need and the value of just arel lawful associations, both for progress and ’for defence. Our profession, like all other professions and all other occupa tions, will always find incalculable pow or in harmonious union. Presenting a solid front we will always win. ■‘One of the obects of this association, declared in its constitution, is ‘to cle \ate the standard of integrity, honor and courtesy in the legal profession.’ This standard is fixed, not entirely from with in, but partly from without. We can would the estimate which the people jjut upon the profession only by placing it ourselves upon a plane of the highest in tegrity and the loftiest professional and moral rectitude. The repute in which a man is hold by the public is fixed by the manner in which he presents himself to the public eye and this applies equally to an organization of men. The reputa tion of the Bar in any community or State is the reputation of its least wor thy members, as the strength of a chain is the strength of its weakest link. It is unfortunate that this is so, but it is so. The practices of one corrupt or dishon est attorney in a community will tend to impair the reputation and character of the entire local Bar. The public, instead of confining its criticism to the particu lar man, will include in its condemnation all tho others. It is not uncommon to hear a man say that when a lawyer dis graces his profession that, his brethren do not punish him or see that he atones for his offence. This wholesale condem nation is manifestly unjust to the Bar, and yet many people approve it. To some extent, perhaps, the Bar has ..been and is responsible for such adverse public criticism. We must admit that no profession has measured up to its full duty in the matter of purging its ranks of men who have been unfaithful to their professional obligations. Obe dience to the constitutional mandate, I have cited, is a duty resting upon us. In tho execution of that duty we have not yet been given the necessary power. This association in my opinion ought to be given legislative authority to disbar any lawyer in tho State, whether a member of this association or not, who shall prove to be, after duo investigation, un worthy. This authority can he exercised through some judicial medium estab lished by law and controlled by this body. If this association is to elevate the standard of the reputation of the Bar of the State, it must necessarily have the power to preserve the standard by ridding tho profession of disreputable members. As yet, we have not the power, but we (Continued on Pago Five.) A CRUSH IN THE FOG The Powhatan Rips Open the Priscilla.. The Stern Driven Twenty Feet Into Priscilla’s Hull. One Man Killed in His Bunk. (By the Associated Prosj?) Newport, July 9. —Stern first, with head oven with low water and a dead man in her hold the Fall River Line steamer Priscilla was dragged to her berth here today by the steamer Puritan of the same line. The dead man was John Muniz, a Portuguese dock hand, who was crushed to death while asleep in his bunk. Ihe Priscilla collided in a fog with the Merchants’ and Miners’ Trans portation Company's steamer Powhatan in Narragansett Bay. off Point Judith, and for six hours waited for help to come. At last the steamer Puritan, of the Fall River Line, heard of distress, and went to tho aid of her sis tei shin. t The Priscilla was bound for New York. She left here a trifle late and put out in a dense fog After an hour’s run, when the ship was between Brenton’s Reef lightship and Point Judith, she was struck on the port bow by the : harp bow of the other steamship with practically no warning. The vessels separated and The Priscilla showed signs that she was badly damaged. By jettisoning part of her cargo the vessel was lightened until her pumps kept her afloat. The Priscilla was struck fair and her bow was nearly cut off. The stem of the Powhatan penetrated fully 20 feet into the hull of the Priscilla. The washroom on the main deck, and tho sleeping quar ters and steering engine compartment below, were wrecked, and the steel plates of the bow were torn well below the water line., The forward bulkhead was broken through, thus placing two com partments out of condition and rapidly sending the steamer down so that her stern came out and the rudder was ren dered useless. The inflow of water very soon extinguished the electric lights, the dynamo room being in the vicinity of the damaged part of the ship. Tho passengers, most of whom .wore in 1 cd, were turned out of their rooms in darkness and the men on the ship passed out life preservers by candle light, The passengers though badly frightened, were not panic-stricken and after the first ex citement busied themselves by getting together their belongings, so that when they reached tlie landing they were able to disembark quietly and without loss of property. The officers of the Priscilla stake that ihe Powhatan had not been regularly sounding her whistles and that when she did at a late moment, she gave the wrong signal and then the crash came. The Powhatan's men stated that the Priscilla came suddenly out of a lwmk of fog and that the ships came together af ter an exchange of signals before any thing could ho done to avert a collision. Cumberland and the Judgeship. To the Editor:—ln your paper of yes terday was print'd an article signed by H. McD. Robinson and N. A. Sinclair, Esqs., which purported to lie a correc tion of an error in the original reports sent out to the State press as to the nomination made by our county (Cumber land) convention last Saturday for As- sociate Justices. Having stated that a mistake was made in reporting the coun ty unanimous for Connor and Walker, they proceed to give the actual facts (from their point of view), and conclude with the statement that "each of the gentlemen named (Conjfior, Walker and Brown) is entitled to his proportionate part of Cumberland county, to-wit: Judge Connor 17-44, Mr. Walker 14-44, Judge Brown 12-44.” The best evidence of the action of the convention is the minutes of the convention. The following extract is taken from the minutes, which are duly signed by the chairman and two secretaries, to-wit: "The following nomi nations were then made for Associate Justices: Hon. H. G. Connor, by Z. B. Newton, Esq.; Hon. George H. Brown, by H. McD Robinson, Esq.; Hon. Platt D. Walker, by I—. 1 —. On a vote be ing taken by townships, the following vote was received: Connor 85, Walker 70, Brown 65. Whereupon, the chair ruled tdiat Messrs. Connor and Walker having received the highest vote, were endorsed by the convention.” It was well understood in the eonven tion that the contest was between Con nor and Brown for the Eastern judge ship, the one receiving the highest vote to bo declared, under the unit, rule, the unanimous choice of the convention for the Eastern judgeship, while under 11m same rule Hon. Platt D. Walker was de clared the unanimous choice as the Wes tern candidate. Now here is a simple proposition for my friends Robinson and Sinclair 1o solve, both of whom are export mathe maticians; How can a county conven tion. working under the unit rule, by a majority vote give its unanimous en dorsement to a Congressional candidate, and then by the same unit rule, when there are but two candidates for Asso ciate Justice to be named, divide the vote of the county between three candidates for the same office? Q. K. NI MOCKS. Fayetteville, N. C., July S. X JUDOL ADAMS WILL ACCEPT The Indian Territory Chief Justiceship A< TelegiPin "From Knox (Special to the News and Observer.) Greensboro, N. C., July 9. Judge Spencer B. Adams, when seen today, ''said that he has decided to accept the Chief Justiceship of the Indian Terri tory Court. He has received a copy of the bill creating the court, and finds that he will be required to organize the court at once. He is only waiting now to receive his certificate of appointment from the President, and his salary will begin from that date. He will go to Raleigh Thursday to settle some affairs there, and will go to "Washington Fri day. On his return home, he expects to leave in a day or two for his far away home. He will not take his family until he tries living out there awhile. Later.—Judge Adams received a tele gram at 12 o'clock today, which may cause him to leave sooner than be had intended, and frustrates his proposed trip to Raleigh tomorrow. The message was from Gen. Knox, asking an iimme diate conference with him and the President at Oyster Bay, and the Judge left on the 1:10 northbound train, via Richmond, to fill the engagement. There are several petitions being cir culated in this county, asking for the pardon of Pascal Marrow, a young white man of excellent antocendents and promi nent family, who was tried and sen tenced to seven years on the public roads two years ago for seduction of a 14-year-old girl. The jud'gh at the time of judgment, gave him the chance of paying a fine of 81,000 and the further sum of 81,500 to the girl, but he did not accept this choice, and was given seven years at hard work on the roads instead. Deadbeating street cars will be a thing of the past, when the fact becomes generally known that yesterday before a magistrate here it cost one negro $10.35 for the attempt. The Imperial Tobacco Company has announced that it will have buyers on the leaf tobacco market here, and ware housemen, planters and everybody con nected with the trade are banking on a generous rival to the American Tobacco Company. The stockholders of the North Caro lina Railroad will hold their annual meeting here tomorrow. Mrs, J. C. Cooper Laid to Rest. (Special to News and Observer.) Oxford, N. C-, July 9.—The funeral of Mrs. James Crawford Cooper took place on Tuesday morning in the Presbyterian church, conducted by the piaster, Rev. Mr. Wool. The floral offerings were re markably beautiful. The active pall-bearers were: Dr. E. T. White, Mr. Charley Bryan, Mr. W. B. Ballou, Dr. J. G. Hunt, Mr. S. W. Par ker, Mr. W- D. Lynch, Air. J. G. Hall, Hon. A. W- Graham. The honorary pall - bearers were: Dr. M. V. Lanier, Dr. L. C. Taylor, Bishop Junius M. Horner, Mr. J. M. Currin, Mr. W. T. Clements, Mr. R. T. Smith, Dr. R. IT. Marsh, Prof. F. P. Hobgood. The burial was in Elmwood cemetery. Th4 choir touchingly sang "Rock of Ages,” and "Asleep) in Jesus” as the casket was placed in its last resting place. The benediction was pronounced by the Rev. J. S. Hardaway, of the Baptist church. Mrs. Jane E. Young, Air. D. Y. Cooper, Mr. and Mrs. John and Miss Ethel Dorsey, of Henderson, were here to attend the funeral of their relative— Airs. Coop>er. Bishop Junius Horner returned to his home in Asheville Tuesday, accompanied by his mother, Airs. Jsmes H- Horner. Aliss Joyoo Hicks and sister, daughters of Air. Ed. Hicks, of Brooklyn, N. Y., accompanied by Aliss Florence Bracm, have arrived in Oxford to spend the sum mer at. their beautiful suburban home. Alisses Margaret and Mary Phide Jones, of Hillsboro, are spending the summer with the Alisses Graham. ♦♦4444-44444 44444*444* 4 THE WEATHER TO-DAY. 4 4 For Raleigh: 4 ♦ FAIR. J * 44444444444 4444444444 r E FIVE CENTS. PROTEST AGAINST CANADA'S COURSE Hay Will Communicate With Great Britain. THEGREENt-GAYNORCASE Delays of the Canadian Authorities Unwarranted. MARION ERWiN MAKES HIS REPORT The L°gal Representatives if the Fugitives Clcsfly Connected With the Canadian Officials to Whom We Must Lock for Ex'radltion. (By . the Associated Press.) Washington, D. C., July 9.—The extra dition case of Messrs. Benjamin D. Greene and John F. Gaynor, whose re moval from Canada to the State of Geor gia for trial on charges of misappropria tion and embezzlement of over two mil lion dollars in connection with river and harbor improvements at Savannah. Ga., has been sought for some time by the United States, will take on a diplomatic phase in a few days when Secretary Hay communicates to the British government the view of the officials of ouV Depart ment ol Justice that the Canadian au thorities are pursuing an extraordinary and unwarranted course in the case. The delays and embarrassments in the extra dition proceedings resulted in Marion Er win, special assistant to the attorney general, who has boon in active charge of the extradition proceedings for the United States transmitting to the attor ney general under date of Montreal, July 7, a special report of the case calling at tention to the fact that legal represen tatives oi Messrs. Cretin >m.(l closely connected through professional and family tits with Urn Canadian offi cials to whom this government must look tor the extradition. Mr. Erwin reports that prior to insti tuting the extradition proceedings he was put on notice that the fugitives had ‘ taken refuge at Quebec, to resist extra dition and that they had employed as their counsel the firms of lawyers to which belonged the highest officials of the provincial and dominion govern ments.” He says that he was thus "precluded by the position taken by them from con ferring with the law offices of the crown.” He therefore retained two attorneys of Ihc Montreal and Canadian bar who have ably assisted him. The report then calls attention to fhis provision of the Canadian extradition act: ‘Wherever this act applies, a judge may issue his warrant for the appre hension of a fugitive on a foreign war rant, for arrest, or on information or complaint laid before him, and on such evidence or after such proceedings, as in his opinion would, subject to tho pro visions of this act, justify the issue of his warrant if the crime of which the fugitive is accused or alleged to have been convicted had been Committed' in Canada.” Citation is made of the extradition treaty between the United States and Great Britain and it is shown that it provides for extradition for the offenses of embezzlement, fraud, receiving stolen moneys or goods or properly, or obtain ing the same under false pretences, or for participation in these crimes, provided such participation is punishable by the laws of both countries. Mr. Erwin made complaint on oath May 14 last before Hon. Ulric La Fontaine, an extradition commissioner, resident at Montreal, who is given jurisdiction over the whole province of Quebec, charging Messrs. Greene and Gaynor with having partici pated in the crimes of fraud, embezzle ment and obtaining mqjiey under false pretences, the complain setting out mat ters in detail and that such participation was punishable by the laws of both countries. The report then directs atten tion to the entire regularity of the ser vice of the writs, arrest 3of Messrs. Greene and Gaynor and their remand for further examination. After this Judge Andrews at Quebec issued writs of habeas corpu which were served at night on the men at Montreal who held the men under extradition commissioners' order for further proceedings. ‘‘Without notice to the commissioner or to the attorneys representing the State in tho proceedings the Montreal gaoler, who holds his appointment under the provincial authorities, within a few minutes after service of the writs upon him, conveyed the prisoners by special train back to Quebec. And there were other judges at Montreal exercising habeas corpur rowers and in such cases the Canadian laws gives a judge in the district of Quebec no authority to bring a nri.sor.er from Montreal on habeas cor pus inquiry it is not believed that the gaoler at Montreal would have had so extraordinary a course without notice to parties in interest, except under high official pressure. The attorneys at that time appearing in the proceedings for the fugitives, and moving to have that done, embraced among others:. The firm of Fitzpatrick, Parent, Tashehereau, Roy j Cannon —of which firm the Hon. Chos. J Fitzpatrick, Minister of Justice for Dominion of Canada, is a member; (Continued on Page Two.)
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 10, 1902, edition 1
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