North Carolina Newspapers

Tlie Weather Today: FAIR. The News and Obsei VOL. LII. NO. 107. Q=®srf]@ ®OO SSsuptiDD ©ai[p®DfiDnffl tPspsn 0 ® Odd lEcdUOo Kl®ot@ siond] GBBiPSßoOfflfto®® McMASTER OPENS THE LEGAL BUTTLE To Quash Judge Caron’s Writs of Habeas Corpus- THEGREENE-GAYNORCASE The Filing of Affidavits and Counter- Affidavits, THE CHARGE AGAINST ERWIN REPEATED \ Greene Avers That Erwin Told Him the Case Might be Settled by Greene's Raying $500,000. This Allegation Erwin Denies. (By the Associated Press.) Quebec, Que., July 18.—Today’s pro ceedings in the Gaynor-Greene case con sisted principally in the filling of affi davits and counter-affidavits, and it was only a short time before the adjourn ment of the court that Mr. McMaster, for the prosecution, commenced his argu ment on his motion to quash the habeas corpus writ used by Judge Caron on June 20th and 21st last. The proceedings were opened by Mr. Taschereau, counsel for the prisoners, who produced affidavits of Benjamin D. Green, that on May 17, Mr. Erwin called on him at the Windsor Hotel, Montreal, when Erwin said to Greene: “If you will pay $500,000 to settle the whole mat ter, 1 will go at once to Washington and advise its acceptance.” Greene replied that he could not stand that because he had not money enough to pay his half of the amount, but that Erwin said: “Gaynor has enough, I don't know where it is, but he has it.” To this Greene said: “If you will say $200,000 I will talk with Col. Gaynor about it.” Erwin replied, the affidavit continued: “That, will not be enough.” Greene then added: “What do you think of $300,000. He said: “I don't think it is enough.” Greene finally replied: “Well, anyway, I don't see how we can pay any money, because that would be an admission on our part that we have received money wrongfully; that we have not done.” Greene swore that this talk of a set tlement for $500,000 referred to the criminal proceedings against them, and not to any civil claim. This affidavit was supported by another from Mrs. J. F. Gaynor. i Mr. McMaster read an affidavit signed by Marion Erwin, completely denying the allegations contained in the affidavits of Mr. Greene and Mrs. Gaynor. Regarding the interview betw r een Greene and him self, Mr. Erwin stated that on his re turn to his room in the Windsor on the afternoon of May 17, he found a note, in which he recognized the handwriting of B. G. Greene, which note was as follows: “If you can call to see me at any time today you will do me a great favor.” The original of this note is irt the pos session of Mr. Erwin and was shown to Judge Caron. In response to that request he weAt to Greene's room and the latter opened the conversation by saying that while he knew Erwin had been prosecuting him vigorously for over two years, he w’anted to thank him for having always treated him with personal consideration. He then said if the extradition proceedings at Montreal proceeded for any length of time it was probable he might desire to give bonds. Erwin’s affidavit continued in sub stance: “I called his attention to the fact that he and Gaynor had already forfeited bonds in the sum of SIO,OOO each. He replhd that he had left the United States because he had resolved never to be put in jail as a convict : that he came to Canada with the expectation that after a year or two his friends in the United States could effect a settlement of the civil claims of the Government against him, and then he could probably obtain a dismissal of the criminal prose cution. He said that he had not given his personal word that he would not run off from the prosecution in Georgia, but he would pledge me his word of honor that if 1 would agree to his giving bond before Judge La Fontaine he would not run off. He then referred to the fact that the government had already tied up by civil proceedings half a million dollars of assets, of what the Goverr ment claimed was O. M. Carter's share in the fraud, and asked me what was the exact amount the Government claimed that he and John F. Gaynor had re ceived as their share. I replied that we claimed that, he and Gaynor had received $1,100,000 as their share , in the fraud. He replied that he was in no position, and had not sufficient means to meet such a claim, and that he and Gaynor would be willing to pay the Government $300,000 in settlement of the entire liti gation, to include the SBO,OOO claimed on forfeited recognizances which he said were secured by assets put up by Gaynor and himself with the sureties, but if he settled the civil claims it must carry with it the dismissal of the criminal pro ceedings. I replied that I knew of no law for settling the criminal case, but that if he made restitution of the Gov ernment’s actual loss, 1 did not know what view of leniency might be taken by the Government; I had no authority in the matter, and that the amount he offered in settlement of the Government's claim was not sufficiently large for me to recommend to the Attorney General.” The other affidavits practically contain the same statement as that mentioned last week in Mr. Erwin’s reply to Mr. Taschareau's statement. Mr. McMaster also produced affidavits from Detectives O'Keefe and Sloan of Montreal, who swear that when the in terview took place between Gaynor and Greene, only these two were in the room Mr. McMaster in conclusion remarked that these affidavits were filed to con tradict utterances made by Mr. Taschareau on July 11. Mr. McMaster then filed a new power of attorney, signed by Attorney General Knox on July 11th. The question of affidavits was then dropped and McMaster began his argu ment upon his motion to quash the writ of habeas corpus. On the Diamond. (Special to New s and Observer.)* Aberdeen, N. C.. July 18.—In one of the most interesting 1 games of ball over witnessed on the Aberdeen park, Aber deen won from Rockingham in a ten in ning game by a score of ten to nine. Batteries: Rockingham—Gill and Weiel; Aberdeen—Knight and E. Pleasants. KINSTON DIES GAME. She ib Defeated in a Twelve Inning Game by Wilaon. (Special to News and Observer.) Kinston, N. C., July 18.—Kinston met defeat again today from Wilson on the home ground, but they died hard and game. It took twelve inning to decide it. Score by innings: RH E Wilson ...0 0100004000 2—7 11 8 Kinston ..04 100000000 o—s 77 Batteries: Sullivan and Reed; Krause and Hicks. J National League. At Brooklyn— R. H. E. Boston 000000001 o—l 71 Brooklyn 00000 10 0 0 I—2 7 2 At Pittsburg— R H E Pittsburg 0 0000000 o—o 5 0 Chicago 1 1000000 o—2 7 2 American League. At Baltimore— R II E Baltimore 0 0003000 o—30 —3 6 2 St. Louis .. ~..3 0 0 0 0 1 0 0 o—4 12 2 At Philadelphia— R H E Chicago 2 2 0 0 2 0 0 0 o—6 11 2 Phila 1 2 0 1 0 0 0 1 2—7 15 2 At Boston— R H E Boston 0 2 0 2 0 0 0 0 0— 4 10 2 Cleveland 401 40500 o—l 4 16 1 Southern League. Chattanooga 5; Shreveport 7. Nashville 1; Little Rock 6. Atlanta 4: Memphis 13. Birmingham 1; New Orleans 17. Eastern League. Worcester, 4; Providence, 3. Newark, 4; Buffalo, 4. Toronto, 2; Montreal, 3- Jersey City, S; Rochester, 4. Second game—Jersey City, 2; Roches ter, 3. Three Accidents (Special to News and Observer.) Asheville, N. C., July 18.—There are three serious emergency cases in the 1 cspital here. Henry Fisher, a native of Salisbury, was run over by a train and fatally in jured. He was beating his way from Knoxville to Salisbury, and as he tried to jump from the train in this city his ! foot was caught and his leg was drawn i under the train and crushed. A young white man, about 22 years old, was run over by a train at Fletch ers and is perhaps mortally hurt. His lamoyis not known, and he is still un : conscious. He is well dressed. I A negro had both legs cut off hv a mowing machine at Weaversville, eight, j miles from Asheville, and will probably die. A Dog Suit. (Special to News and Observer.) Fayetteville, N. C., July 18. —There is an interesting dog suit now in progress before ’Squire C. P. Overby. Mr. T. M Lewis, of Carver's Creek, is suing Mr. Warren Carver for the possession of a hound dog, to which each lays claim. Mr. Lewis claims that Mr. Carver took the dog away from him. This Mr. Carver admits, but says the dog belonged to him. Coronation August 9ih. (By the Associated Press.) London, July 18.—An official notifica tion was issued this morning that by the King’s command the coronation of King Edward and Queen Alexandra take place August 9. Mine Officials Blameless (By the Associated Press.) Parle City. Utah, July 18.—The coro ner's jury has declared the officials of the Daly-West Mine entirely blameless for the accident by which thirty-five men lost their lives. Congressional Nominations. (By the Associated Press.) Tallahassee, Fla., July 18. —In the Third Florida district. Attorney General Wm. B. Lamar has been nominated for Congress by the Democrats. RALEIGH. NORTH CAROLINA. SATURDAY MORNING. JULY 19. 1902. FOH GOLMLWIRELS Byers and James Will Enter the List Today. A Desperate Struggle Expected. He Who Wins the AmateurJ Championship Will Well Merit the Honor. (By the AsWciatcd Press.) Glenview Golf Course. Ills., July 18! Either E. B. Byers, of the Alleghany Club of Pittsburg, or Louis James, of the Glenview Club. Chicago, will wear the amateur golf championship laurels to morrow night. These two won their way through the semi-finals today, Byers rather easy, James after a heart-disease producing game, and tomorrow will meet in the finals at 36 holes for the cham pionship. If Byers and James play in the form they shoiyed today, the game may not be decided until the home green is reached, though Byers on account of the marvelous golf be played yesterday when he put Champion Travis out of the running, is perhaps a slight favorite. The game will be played over the first nine holes of the Glen View course un less the players shall elect to use row boats. The low lying lands embracing the fair greens to the tenth, eleventh, thirteenth and seventeenth geens and the geens of the latter two are covered with from two to ten inches of muddy water, the result of last night's terrific storm. Even the higher ground of the first nine holes is in exceedingly poor condition for play, water abounding while the course is soft and treacherous. Nevertheless the U. S. G. A. officials say the cham pionship contest must be finished. A steady drizzling rain was falling tonight and prospects are that tomorrow’s game will be played under conditions more suited to yachting than championship golf. GROWS OUT OF OSBORNE CASE. A Ten Thousand Dollar Sait Against the Vir ginian Pilot (By the Associated Press.). Norfolk, Va.. July 18. —Commonwealth;?: Attorney, John G- Tilton, today institut ed suit against the Virginian-Pilot Pub lishing Company in the sum of SIO,OOO for the publication and circulation of an alleged libel. The suit grows out of cer tain articles in which Tilton was criti cised by the paper relative to the posi tion he took in declining to hold Osbornd', the alleged double wife murderer for trial here on the charge of killing his wife in this city, instead of which he turned him over to the Oklahoma au thorities to answer for a similar crime there in 1896. KILLED IN A WRECK. The Death of Norman B. Qruendeler in New York Yesterday. Mr. Norman Gruendeler, of this city, has been killed in a wro:k ia New York, which took place yesterday. This is the news received her i by the young man’s mother, but no particulars were given. The telegram stated that he was killed in a wreck while on liis way home from a wreck. It is supposed that the wreck occurred on an electric car line. ! The young man was about twenty-four years old and had been employed in the office of the Progressive Farmer. His mother lives at 730 North Blount street and has resided in Ralei’h for any years, having come here from Massa chusetts. Mrs. 8. M. D. Tate Dead. (Special to News and Observer.) Morganton, N. C., July 18.—The re mains of Mrs. Samuel McD. Tate, who died in Johns Hopkins Hospital, Balti more. were brought to Morganton last night. Mrs. Tate was taken to Johns Hopkins Hospital about a week ago. and underwent a very serious operation, from the effects of which she died at an early hour yesterday morning. Mrs. Tate was a sister of Messrs. R. C., John 11., W. S. and D. C. Pearson and Miss Ann E rear son, of Morganton, and of Mrs. L. P. Ray. of Fayetteville. Her husband, the late Col. Samuel McD. Tate, died in 1897, and she leaves a family of six rhildren, three sons and three daughters. She was an aunt of Mr. S. T. Pearson, of C harlotte. Member of Quantrell’s Band Killed. (By the Associated Press.) Lexington, Mo.. July 18.—Jos. Calla way, a member of the Quantrell Band during the Civil War, is dead here from knife wounds inflicted by “Doc" John son in a quarrel Tuesday. Before dying he exonerated Johnson. Great Time Ahead, Next week is the time of the great Fireman's Tournament in Raleigh, and on Monday the advance guard of tire coming thousands will beg n to appear in the city. July 22. 23, 24 are the dates and it is going to be the greatest tournament ever held in the State. Raleigh will be the raecca for firemen anl their friends from every section of the State. Mr. Latta Better. The report reaching Raleigh yesterday concerning the condition of Mr. Charles G. Latta, who lies ill in New Y’ork froiir the result of a terrible street ear acci dent, was that Mr. Latta's syuu turns had I showed no change for the worse and that he was very slightly improved. THE BOli DECIDES Three Arbitrators Agree, the Fourth Dissents- This Fourth Man Represents the Strikers But Both Sides Are Bound to Abide by the Decision. (By the Associated Press.) Richmond, Va., July 18.—At 3:50 this afternoon, the street railway strike ar bitrators reached a decision, which was put into writing and copies sent to the company and to the headquarters of the | men. These copies were sealed and the arbitrators refused to make known di rectly the result of their work. It was learned at the office of the company, however, that three members of the com mittee unite in the following report: Main line motormen to receive 18*4 cents, and conductors 17%; branch line motormen 16%, and conductors 15%, each division to decide for itself on the number of hours per day the men shall work. This report was signed by three members of the arbitration board. The fourth member, who represented the men. dissented from the report, but it is not yet known what his position was. Both (sides signed a written agreement 4o abide by the decision of the board of arbitration. MR E & KORTHHAM DEAD Hit Remains Taken From Graham to Smith field For Interment The many friends in Raleigh were grieved when they learned of the death of Mr. E. R. Northam, which took place in Graham Thursday night at the home of his brother-in-law, Capt. E. S. Par ker. Yesterday afternoon the body was taken from Graham to Smithfield. The funeral party was joined here by Mr. J. B. Pearce, a friend and former busi ness partner of Mr. Northam. Mr. Northam had lived in Raleigh for about twenty-five years. As a young man he was in the employ of W. H. & R. S. Tucker, and later with the firm as it was re-organized. After this he was with A. B. Stronach and then became a partner in the firm of Boylan. Pearce & Company at its organization. He was with this firm until his health broke down about two years ago. A year auo yesterday he went to the Jackson Sanitarium and later was brought back to Graham, w'here he has since remained. Mr. Northam was about fifty-three years old and had many friends in this city, who sympathize with his relatives in his death. The funeral was held at Smithfield yesterday afternoon. WILL BLATON HANOT Respited For Two Weeks Eis Time is Out cn Tuesday. Unless the sentence of Richard Ulaton is not put into execution because of an other respite, a commutation, or a par don he will be hanged in Salisbury on Tuesday, as that is the time to which his piesent respite extends. Blaton is the negro sentenced to be hanged with Fleming at Salisbury, both convicted of rape, but a plea for further investigation of his case caused Governor Aycoek to respite him for two weeks. Fleming’s dying statement was that Bla ton is innocent and was not with him when the rape was committed, but as he made many mis-statements there is doubt thrown about his confession. The Governor will possibly today announce his decision in the matter, for *if Blaton is to ne hanged he will have to be taken to Salisbury before Tuesday. To Inspect the Road Messrs. B. C. Beckwith, of Raleigh, and B. W. Ballard, of Franklinton, of the Board of Internal Improvements, will today leave on a tour of inspection of the Atlantic and North Carolina Rail road and will be away several days. Governor Xvcock is the third member of the board, but it is not expected that he will go on the tour, being detaiued here by other duties. Mr. W. H. Miller’s Funeral. The funeral of the late Mr. W. H. Miller took place yesterday afternoon at the Baptist Tabernacle church at five o’clock, and there were many friends present on the sad occasion. The funeral service was conducted by Rev. T. J. Watts and the pall bearers were: Messrs. C. H. Boine, Georg?' W. Norwood, Charles F. Cooke, J. C. Corroll, R. J. Conrad and J. M. Warren. Dr. Rogers Doing Well. The condition of Dr. J. R. Rogers, who is ill in Rex Hospital, was reported us being much better last night. A mes sage from the hospital said he was get ting along excellently. Polish Hostility to Germany. (By the Associated Press.) Berlin, July 17.—Polish hostility to the Germans is expressed in the celebration of the defeat of the Knights of St. Johu at Tannenberg by the Poles and Lithuan ians in 1410 by a thanksgiving mass ia the Cathedral of Gnesen, Province o’ Posen, where the Wreschen School rio trials took place last November. The archbishop, Von Stablewaski, who had often shown an anti-German sentiment, consented to the celebration which has caused the Prussian press to declare that such a treasonable demonstration should not be allowed on German soil. The army until the recent revival of Polish national feeling had not been free from outbreaks of racial antipathies, but according to the Taegliche Rundschau, a body of Polish recruits instead of an swering the roll call with the German word “hier,” recently replied with the Polish “zde.” The offenders were pun ished by short terms of arrest. From Rampolla to Taft. (By the Associated Press ) Rome, July 18. —A note from the Vati can was presented to Governor Taft to night which in part is as follows: “I hasten to acknowledge the receipt of the letter by which you kindly com municated to me the cablegram from Secretary Root answering my note of July 9, which explained the counter-pro ject of the Vatican for the regulation of religious affairs in the Philippines. * * * The Pontiff has taken into account the assurances of Secretary Root that the American authorities in the Philippines and at Washington will put forth all pos sible efforts to maintain the good under standing happily established with the authorities of the Catholic church. On his part, the Pontiff will not fail to give the Apostolic delegate, soon to be sent to the Philippines, the most precise in structions according to my former notes. The main lines for future negotiations, indicated in the notes, having been ac complished by Secretary Root, the re port of the Vatican in the archipelago will enter into relations with the authori ties in the Philippines on the four points indicated by Mr. Root at the end of his cablegram. "The Holy See does not doubt that mu tual confidence, combined with the ac tion of its representatives, and that of the American government will easily pro duce a happy solution of the pending questions, inaugurating for that noble country a new era of peace and prog ress. “While flattering myself that this first success will be a guarantee of the hap py issue of ulterior negotiations in Manila, I have the honor to be, etc., (Signed) “RAMPOLLA.” Governor Taft was informed tonight that tho Pope had fixed July 21 f u* his farewell audience. The Virginia Legislature. (By the Associated Press.) Richmond, Va., July 18.—The Senate and House today after sessions of some what over an hour, each adjourned until noon on Monday. The Corporation Com mission fight came ujl again and was again postponed until Tuesday, ’after much cross-firing as to the alleged “slate.” Little of interest was done in either branch, both considering the com mission question for some time. A large number of bills were presented in both branches, but under the new rules, none have yet reached the stage where they can be put upon their passage. Orioles’ Franchise Forfeited. (By the Associated Press.) Baltimore, Md., July 15.—The American League Board of Directors today formally declared the franchise of the Baltimore Baseball and Athletic Company forfeited. „ ... Invited to Kansas. A letter has been received at the Ad jutant General s office -inviting North Carolina to send companies to Fort Riley, Kansas, next month to the military ma noeuvres there. Os course, no company can go from this State since there is no provision for paying the expenses, but it is possible that some officer from the State Guard will attend. Lecture on Silk Growing. Mr. Louis B. Mogid, president of the Sericulture Company of America, will deliver a free lecture on silk growers in the auditorium of the Department of Agriculture Friday, July 18th, noon. The ladies and children and all others who feel an interest in the pleasant and re munerative art of silk growing, are es pecially invited to attend. COMPARATIVE COTTON STATEMENT. (By the Associated Press.) New York, July 18.—For the week end ing Friday, July 18: —Net receipts at all United States ports during week, lo,604; Net receipts at all United States ports duriung same week last year, 49,790; total receipts to this date, 7,508,385; total receipts to same date last year, 7,396,660;; exports for the week, 30,576; exports for same week last year, 27,356; total exports to this date, 6,432,067; total exports to same date last year, 6,158,744; stock at all United States ports, 255,801; stock at all United States ports same time last year, 413,276; stock at all interior towns, 83,108; stock at all interior towns same time last year, 192,385; stock at Liverpool, 693,000; stock at Liverpool same time last year, 591,000; stock of American afloat for Great Britain, it.QOO; stock of American afloat for Great Britain same time last year, 55,000. » Hyatt Off For Oklahama. (Bv the Associated Press, i Norfolk, Va., July 17.—Charles F. Hyatt, alias Charles F. Osborne, was de livered to the Oklahoma authorities to day and left for Stillwater. Osborne is charged with the murder of his wife in Stillwater in 1896. Lafollette is Renominated. (By the Associated Press.) Madison. YVis., July 17.—The Republi cans of Wisconsin finished their work in convention tonight after re-nominating for Governor, Robert M. Lafollet’.e and 1 naming a full State ticket. I PRICE FIVE CENTS. THE NEAR FUTURE MOST PROMISING Cropsand Industrial Develop ments Favorable, GREATER EASE OF MONEY The Railway Earnings For June Are Very flattering. FRUITS GENcRALLY HAVE DONE WELL The Crop Position ts Colton is Nit Yet Clearly Defined Enough to Induce Ntw Com mitments, Better Tone in the Manufacturing. (By the Associated Press.) New Y’ork, July 18.—Bradstreet's will say tomorrow: “Weather, crop and industrial develop ments have been largely favorable and coupled with the greater ease of money, make for an optimistic feeling in trade and speculation. As stated some time •ago and confirmed by recent develop ment, the future seems more secure, but the immediate present does not in all instances present so satisfactory, an ap pearance. Warmer weather has continued to help retail distribution, but has not in all cases made up for the disadvan tages created by the heretofore back ward '-season. With few exceptions sum mer resort business has not equalled ex pectations. Railway earnings are really flattering June returns on nearly 100,000 miles of road showing an aggregate gain of 8 per cent over last year. The de mand for products of ircu and steel seems to be recovering from the tem porary depression. The shoe trade and naturally hides and leather, heretofore backward have begun to show a favor able side and the strength of wool ami woolen goods is also more noticeable. The dry goods trade is rather quiet, but in creased interest seem to be expected. The Eastern fall jobbing trade in this line is not expected to'-sot in quite as early as a year ago. Good growing weather is reported the country over and corn and cotton reports are generally, more favor able. The Southern peach yield has been large and fruits generally have done well, Iron and steel trade conditions are sur prisingly good, to none more so than* the manufacturers themselves, who at (he middle of July find their output for the last half of the year practically booked. The scarcity of pig iron amounts to something approaching a famine owing to restricted supplies of fuel causing shut downs of numerous furnaces. Numerous orders for pig iron for the first half of next year have been booked both by Northern and Southern furnaces. The position of the latter has been much im proved by the settlement of the coal miners’ strike in the Birmingham dis trict. Heavy sales of finished material are reported at Chicago and Pittsburg this week. Bar iron, structural material, rails and in fact all of the heavier forms note special activity. Implement manu facturers have heen free buyers. Hard ware has been exceptionally active, build ers’ material leading. Some Western shovel manufacturers report an unprece dented output and sale of this class of material. Wire cloth is active and large orders for material are reported booked. Machinery, saws and stoves are active at the West. Prices note a few changes and are at the ton on practically all lines. Woolen goods are still quiet at the East but the reports as to the clothing business received from Western and Southern manufacturers indicate a good business. Wool is strengthening per ceptibly, Eastern quotations between one half a cent higher, and the tone is more optimistic in this trade, helped as it is by firmer prices in London ami reported drought in Australia. It has been a ■.\aiting market for cotton, the crop posi tion not being as yet clearly defined enough to induce new commitments. A better tone is noted in the manufactur ing branch, particularly in print cloths which are said to be in increased inquiry at Fall River. The industrial situation is better than it has been for some time past. Wheat, including flour exports for the week ending July 17, aggregating 3,- 775,222 bushels against 4,404,115 last week and 5,221.880 in this week last year. Wheat exports since July 1. aggregating 9,878,337 bushels against 12.763,121 last season. Corn exports aggregate 130.679, against 185,131 last week and 1,714,081 last year. Forth" fiscal year corn ex ports are 389.794 bushels against 6,098,- 768 last season. Business failures in the United States for the week ending July 17 number 174 as against 195 last week, 208 in this week last year. Failures in Canada num ber 17 against 28 last week and in this week a /car ago. To Issue $7,000,000 in Bends (By the Associated Press.) New York, July 17—U is announced that the stockholders the Virginia- Carolina Chemical Company have ap proved the issue of $7,000,000 collateral trust bonds for the purpose of funding its existing indebtedness and returning part of the working cash capital. This i was made necessary by the recent ac : quisition of som£ valuable properties at 1 an outlay of about the amount of the ' bond issue just approved.