*
| r HE TO-DAYi
♦ For North Carolina:
l FAIR.
VOL. LIV NO 108.
Leads ail Morth Carolina Dailies in Mews, and Ciretilaiioß
ROUGH SHOD OVER
THE MOTION
Roosevelt's Policy Must
Involve Us in War.
SO ASSERTS CARMACK
Action in the Case of Panama the Be
ginning of a Policy of Intermed
dling Whose Results Will
be Written in Blood
and Flame.
(By the Associated Press.)
Washington, Jan- 13. —Panama was
again today the principal subject of con
sideration in the Senate and as on yes
terday the debate was spirited. Today
there were only two speakers, and between
them they held the floor for about four
hours. Mr. Carmack opened the proceed
ings with a set speech in pointed criticism
of the President’s course, and was fol
lowed by Mr. Spooner in defense of the
President's action. Mr. Tillman fre
quently interrupted Mr. Spooner and there
were a number of sharp encounters be
tween them. When the Senate adjourned
fche Panama question was still befoft? the
Senate, and it was announced that the
discussion would be resumed tomorrow.
The Panama resolution offered by Mr.
Gorman, was laid before the Senate and
Mr. Carmack was recognized. He said
that while he had the utmost respect for
the office of the President, he did not
mean to conceal the excesses of that
office, “and every act of the President
in this wretched Panama business,” he
went on, “has Iran in violation of law,
of statutory End international law, and
of the Constitution of the United States.”
He spoke of the new' isthmian power as
a “hideous abortion of night and dark
ness, misnamed the Panama Republic.”
He compared the course of President
Jackson in the Texas case with that of
President Roosevelt in the present in
stance, and commended the former at
the expense of the latter. In that case
he said there was no recognition until
Mexico had abandoned the struggle. As
for himself when his conduct should be
questioned, he would point to Andrew
Jackson, and not to Theodore Roosevelt
as his guide and he had no doubt of the
result.”
The President had, he said, made it plain
tltat he had never intended to execute
the Nicaragua provisions of the Spooner
act.
“Never for one moment,” he said, “did
he consider any plan that had in it so
little of the strenuous and the sensation- j
al as the execution of the law. It instead I
of peering into the future as Mr. Loomis
tells us he did, he had peered into the
law, he would have saved the country
much trouble.”
Mr. Carmack contended that President
Roosevelt had not contented himself with
recognition of Panama, but had inter
vened. “Ilia acts were not simply offen
sive, not simply a cause of war, but they
were war,’’ he added. “As a matter of
fact there never was any insurrection on
the isthmus,” said Mr. Carmack. “They
sj>eak of the rising,” he said, “as the act
of one man. Very true! and that one man
was the President of the United States.”
Discussing the act of Colonel Black of
the United States army in raising the
first flag in the Panama Republic, the
Senator criticised him sharply. “I do not
believe thaf he would have engaged in
this plot if lie had not believed that lie
was doing the will of the administration.
“That.” he added, “is what I think, and
if Colonel Black is not punished, I will
know that I am right.”
Mr. Carmack declared that a mob has as
much right to hang its victim as has
the President to secure what he wants
by disregard of the law. President Roose
velt, he said, loses the power of reasoning
and his moral sense when he becomes
involved in action, he said and exclaimed:
"Into what difficulties may we not be
led by this headlong man!”
He did not agree that the President
would have hesitated if Colombia had
been a stronger nation. On the contrary
the President would have welcomed such
an opportunity.
“He makes history as he would order
a melodrama, making certain that the
star performer is always in the center of
the stage.”
He went on to say that the President’s
ccurse in this matter was not merely ar.
act, but a policy, and indicative of this
character it was not meant for Colombia
alone, but was the beginning of a system
of intermeddling with the affairs of the
countries of Central and South America,
and such a policy must inevitably involve
us in war, not only with the South Amer
ican nations themselves, but with Euro
pean nations.
In conclusion Mr. Carmack said that
while he was for the canal lie could not
vote for the treaty because he could not
endorse the lawless acts of which it is
the fruit.
When Mr. Carmacl: took his seat Mr.
Aldrich asked what practical system Mr.
Carmack had to offer.
“Defeat the treaty,” responded. Mr. Car
mack.
•'Then what?”
“Build the Nicaragua Canal.”
“Ah!” responded Mr. Aldrich. That is
the milk in the cocoanut.”
Mr. Spooner turned to Mr. Carmack say
ing that he had felt regret at hearing
The News and Observer.
the criticisms of the President, who had
registered an oath in Heaven to dis
charge his duties. Mr. Carmack had mad?
a sinister and unsupported statemen*
when he sa'd that this country had be
gun a systematic encroachment on the
rights of the South American republics.
No man had stood more consistently for
these republics than had President Roose
velt, he declared. No President in history
had stood more staunchly for the Monroe
Doctrine.
Mr. Spooner also gave attention to the
charges of disobedience of law by the
President.
“The only enemies he has in the United
States are the result of his obedience
to and enforcement of law.”
As the author of the Spooner act, th?
Senator said he wished to express the
opinion that the law had not been violated
by what the President had done, and be
entered upon an analysis of the law in
support of this proposition.
After reviewing the events relating *o
the canal negotiations Mr. Spooner asked
whether any Senators would under the
circumstances have turned his tack on
Panama as loug as there was a b.~ penn
ing in the Colombian Congress, and he
put the question especially to Mr. Till
man who was on his feet. The latter sa:<l
he would have entered in
with Nicaragua and would have reported
back to Congress for further instructions.
Ho would then have said to Colombia:
“Ycu are a mangy lot; get off the face
of the earth; we’ll take the country and
build a canal.” The remark caused an
outburst of laughter, both on the floor of
the Senate and in the galleries.
After a minute’s pause Mr. Spooner
said that while he could not accept the
Senator’s language he congratulated him
on coming to the President’s position.
Mr. Tillman called attention to Mr.
Spooner's hesitation and the latter replied
it was because be was thinking how
(Continued from Fifth Page.)
RED Romo!
Fifty Thousand Dollar
Fire Lays South Dunn
Mfg. Co. in Ashes.
(Special to News and Observer.)
Dunn, N. C., Jan. 13.—The mammoth
furniture plant of the South Dunn Manu
facturing Company, one of the lergest in
the State, went up in a cyclone of flair.e
at an early hour this morning, entailing
a loss of $75,000, on which there was in
surance at $34,750. The destruction of
the .plant was complete with the excep
tion of the boiler, boiler room and dry
house.
Mr. M. T. Young is president of the
ccmpany, which, it is said, expects to
rebuild at once.
How the blaze originated is unknown It
is stated that there was no fire in the
finishing department where the flames
fnst burst out. When the alarm was
j given they had made such headway, how
j ever, that it was seen that any effort
to check them would be futile. Efficient
work by the fire department, however,
prevented the extension of the conflagra
tion to three other manufacturing plants
in the immediate vicinity. Some valuable
timber was saved from the flames.
The Atlantic Coast Line lost one box
car in the blaze.
This is the third or fourth fir? that has
destroyed the labors of this enterprising
ccmpany during its life of six or seven
years.
A large stock of goods was on hand
and the disaster, though powerless to
crush th? spirits of those upon whom it
fells, will nevertheless be keenly felt.
Another Report.
(Special to News and Observer.)
Goldsboro. Jan. 13.—The town of Dunn
on the Atlantic Coast Line between Smith
field and Fayetteville, had an SBO,OOO fire
las night which destroyed the mammoth
furniture plant of the South Dunn Man
ufaoturing Company. There was about
SIO,OOO insurance on the burned property.
NO WAR BULLETIN ISSUED
The Associated Press Denies False
hood of Cotton Gamblers.
(By the Associated Press.)
New Yor, Jan. 13.—A statement was
telegraphed from New Orleans this after
noon to the effect that prices on the
Cotton Exchanges were affected near the
close by a statement that th? Associated
Picss had issued a war bulletin. As mem
bers of the Associated Press arc tware
no such bulletin was issued by the Asso
ciatcd Press during the day, and if the
name of the association was used under
such circumstances any such statement
was false and any action of this charac
ter was reprehensible.
Death of Colonel Denby.
(By the Associated Press.)
Jamestown, N. Y. f Jan. 13. Colonel
Charles Denby, of Evansville, _ln£-, United
States Minister to China, during the ad
ministrations of Presidents Cleveland and
Harrison, died here suddenly today.
Colonel Denby lectured here last night.
He was about 70 years of age.
Bill to Eradicate 801 l Weevil.
(By the Associated Press.)
Washington, Jan. 13.—The Senate today
passed the House bill providing means for
the eradication of the cotton boll weevil
RALEIGH, NORTH CAROLINA THURSDAY MORNING, JAN. 14 1904
THE WAR TOM
A DEAD MAN BEGUN
Argument in the Moody-
Gudger Contest.
HEARD ON ITS MERITS
The Case Against Albright Argued
Before a Sub-Committee of the
Senate Committee on Post-
Offices. Strong Sugges
tion by Mr. Pou.
(Special to News and Observer.
Washington, D. C., Jan. 13.—House
elections Committee No. 1 today heard ar
gument of counsel In the Moody-Gudger
contest from the Tenth North Carolina
district. The committee me t at 10:30
o'clock and remained in open session until
5, when the argument having been con
cluded, it went into executive session.
The opening argument for the contest
ant Moody was made by ex-Congrcssman
Thomas Settle! He was followed by
Frank Carter, of Asheville, and Cha-\ M.
Busbee, of Raleigh, for the contestee,
Gudger. Then Mr. Settle closed the case.
Col- V. S. Dusk, who is also one of
Moody's counsel, was present, but did not
speak.
The argument on both sides was con
fined almo.it exclusively to the evidence,
the chairman and some other members ot
the committee intimating quite plainly
that they were inclined to brush aside all
lega Itechnicalities and consider the case
on its merits.
This intimation eliminated the lengthy
argument that would otherwise have been
made on both sides regarding the effect
of the contestant’s death on the contest.
BASIS OF THE CONTEST.
The official returns as canvassed by the
Board of State Canvassers, and on which
Gudger’s certificate of election is awarded,
gives 12,700 votes to Gudger and 12,517
votes to Moody, or a majority on the
face of the returns of 183 for Gudger.
It is insisted by the attorneys for
Moody that the entire vote from South
Waynesville precinct, in Haywood coun
ty, should be rejected. This precinct re
turned 266 votes for Gudger and 147 for
Mo dy, or a majority of 119 for Gudger.
It is also insisted that the entire poll
from Tryon precinct, in Polk county,
should be rejected. This precinct re
turned 119 votes for Gudger, and 49 votes
for Moody, a inaj irity of 70 for Gudger-
It is likewise in isted that the entire
poll from the precinct of Shields, in Polk
county, should be rejected. This precinct
returned 150 votes for Gudger, and 60
votes for Moody, or a majority of SO for
Gudger. It is also insisted that the en
tire vote from the county of Buncombe
should be rejected.
The returns from this county give
Gudger 3,029 votes, and Moody 2,690 vote-,
or a majority of 339 for Gudger.
The rejection of these precincts over
comes the majority of 183 accorded
Gudger and gives a majority of 435 to
Moody.
The grounds on which it is asked that
these votes be rejected are bribery, un
lawful registration and illegal voting.
Moody being dead, cannot of course be
awarded the seat, even if the contest
should he decided adversely to Gudger.
But in such event the seat now held by
the latter would be declared vacant and
a new election ordered.
DEATH OF THE CONTESTANT.
The contestee Gudger sets up as a de
fense that the death of the contestant
Moody on February sth, before the pres
ent Congress began and during the tak
ing of evidence, put an end to the con
test. Attorneys for Moody contended
otherwise and the preparation of the ca-c
continued.
In addition to taking up the counties
and precincts the legality of whose vote
is challenged for bribery and unlawful
registering, and defending that vote, the
attorneys for the contestee in their brief
set up as a further defense that the
death of the contestant abated the con
test and that all the proceedings there
after were nullities. They ask:
“Can any other result logically follow
the death of the contestant? He is the
actor, the plaintiff, made so by the
statute, and he begins the action as the
statute prescribes. If he does not pursue
the practice as it is regulated by the
: tatute his action is dismissed. If hjs no
tice is not served in time, or if it is in
sufficient in law in respect to its allega
‘ ions, or if his testimony is not taken
within the peried prescribed, the action ic
dismissed. He is held to the duty of prose
cuting an action begun in the courts,
not so closely perhaps, but as closely as
the terms of the statute require.
“It must be admitted that at the death
of a principal the authority of an attorney
ceases. This is so without exception. If
the cause of action survive, the attorney
does not represent the party to whom it
survives until authorized by him. Upon
the death of this contestant, hi s interest
in the controversy absolutely terminated
so far as he was concerned. It then ended
as completely as it it had an action
. for personal mages. If it survived, ns
• claimed by opposing counsel, then new
parties should have been made if the
controversy was of such character a. 1 } that
the entire electorate of the district were
parties in interest, or more of such par
ties should have been, made prosecutors or
plaintiffs and the contest continued in
their name. Very surely the attorneys
representing the contestant could not
continue to exploit the contest in the name
of the dead man for their own benefit.
And it appears from the record that the
attorneys, after the death of the contest
ant, continue to call themselves his at
torneys and to sign process and papers as
such.
“For whom were they attorneys? Not
for the contestant, for he was dead; not
for his widow, for it does not appear that
fhp desires the contest continued. They
had no standing 111 reference to the pro
ceeding unless they were retained by
somebody, and that somebody, if he had
authority under the law to assume the
right .to continue the prosecution after the
contestant’s death, ought to have been
made a party to the action.
“Here the contestant dies and no one
takes his place. No plaintiff or contest
ant appears thereafter in the proceedings.
No elector in the District is sufficiently
interested in the controversy to come in
end make himself a party and prosecute.
If the cause of action in the statutory
proceeding survived, it survived to some
body and that survivor should have been
made a party. It seem.s here that only
the attorneys survived and they are seek
ing to continue the contest without a
client- Do the terms of the statute justi
fy or allow them to do so?”
VALIDITY OF THE AMENDMENT.
This is the first congressional contest
that has arisen In North Carolina under
the new suffrage amendment and as that
instrument is to some extent involved in
it much interest atta'ches to the argu
ment of the case in committee and its final
decision in the House. In their brief the
(Continued on Fourth Page.)
REPLY TOIISSIA
—a—
Japan's Answer is Sub
mitted, Negotiations
Will Continue.
(Bv the Associated Press.)
London, Jan. 13.—A dispatch # from
Tokio to Reuters Telegram Company, says
that Japan’s answer to the last Russian
note was handed this afternoon to Baron
De Rosen, the Russian minister, and that
negotiations will be continued without
any time limit being set for their termina
tion.
The demands which Japan is said to
have made, according to reports publish
ed abroad have caused some surprise in
Tokio, according to the dispatch, and it
is now stated that Japan never asked for
the evacuation of Manchuria, but on the
contrary frankly recognizes .Russia's spe
cial interests there and her right to pro
tect them. Japan demanded the realiza
tion of Russia’s voluntary pledges respect
ing China’s territorial integrity in Man
churia and the freedom of residential
rights and international trade therein.
Berlin, Jan. 13. —Official opinion regard
ing the probability of war between Rus
sia and Japan has suddenly changed.
Intelligence received at the Foreign Office
yesterday has caused the government, for
the first time since the controversy began
to believe that the situation is extremely
tense. The very definite views hitherto
held are reversed and war has become a
proximate contingency, according to the
view held in official circles here. Japan’s
delay in answering Russia’s last note is
deemed here as being a symptom that a
grave decision is under consideration.
Port Said, Egypt, Jan. 13. —The Russian
cruiser Aurora has arrived here.
Later the Russian cruiser Dmitri
Donskoi and seven Russian torpedo boat
destroyers arrived here-
The Dmitri Donskoi entered the Suez
Canal bound for the Far East.
The torpedo boat destroyers will await
i the arrival here of the remainder of the
Russian Mediterranean squadron, which is
expected soon.
War Seems Inevitable.
Pekin, Jan. 13.—The forecast of Rus
sia’s position regading Manchuria, cabled
bv the Berlin correspondent of the Asso”
dated Press, January 11. coincides w th
the information leceived by the foreign
legations here an! also strengthens the
impression that war is unavoidable. At
the Japanese legation an effort is made to
conceal the belief that war is expected.
The cruxt of th 1 situation is still Rus
sia's refusal to admit the right of Japan
to a. voice in the settlement cf Manchurian
affairs, which Japin considers one of its
most vital interests and to sustain, which
the Japanese government is determined to
resort to arms, if necessary.
Panic in Seoul.
London. Jan. 14—The Seoul correspond
ent of the Daily Kail, cables a description
of a state of pani: which, he says, exists
at the roval palace.
The Emperor Ins issued a pitiful edict,
stating that the country is likely to be
lost owing to the weakness and vacilla
tion of the people whom he counsels to
act for the best ir their own interests.
The Emperor his also issued an ordin
ance warning the army not to fire in the
event of a collision between foreign
11 The"’ correspondent adds that the entire
city is extremely turbulent.
Philadelphia, Jal. I*.-The directors of
the Norfolk and Western Railroad Com
pany today dec lared the usual semi-annual
dividend of 2 per cent on the preferred
stock.
DOORSAREFLUNG
WIDE BY TREATY
Ratifications of Conven
tion With China.
THE EXCHANGES MADE
This Throws Open ihe Ports of Muk
den and Antung and Among Other
Concessions Accords Our
Missionaries Protec
tion.
(By the Associated Press.)
Washington, Jau. 13.—Ratifications of
the Americans-Chinese commercial treaty
were exchanged at the State Department
today by Secretary Hay and Sir
C’hengtung Liang-Cheng, the Chinese Min
ister here. The treaty provides for the
■ opening of the ports of Mukden and An
, tung, in Manchuria, to the world's cor.-
1 mtrce. The President today signed the
proclajnation putt'ng into effect the
treaty.
Tlie following statement was issued by
ihi Slate Department regarding th?
treaty:
“Although relating in its principal pro
vis ons to questions of commerce and
I navigation, removing restrictions which
' have hampered them both in China, it
also speaks of a number of questions of
great importance to the people of the
two countries. For example, it defines
1 the rights and privileges of the diplo
matic and consular officers and of Ameri
can citizens, especially missionaries resid
ing in China and insures the latter
Joyment of rights which they have only
had in the past practically by toleration.
The treaty also deals with trade-marks,
copyrights and patents, ensuring them a
fair degree of protection in China—a thing
! which they have had very little of in the
, past
“ Perhaps the provision of the treaty
1 which interests most the public is the
1 opening of two new localities in Man
: ehuria to foreign trade—the city of
Mukden and the town of Antung on the
• Yalu river. It is to be noted in this
connection that the Japanese-Chinese
> treaty, the ratifications of which were
• exchanged yesterday at Pekin, secures
1 also to international trade the opening
of the port of Tatung Kou, about thir
teen miles below Antung md at the mouth
‘ of the Yalu. It is highly probable that
" the presence in these localities at an
' early date of American consular officers
and those of other nationalities—for all
the nations having treaties with China
. acquire by our treaty and that with
Japan, the right to establish consulates
at these places—will greatly tend to the
' establishment of order in this much dis
-turbod borderland of China, and will pow
, erfully contribute toward insuring .e
. .principles of the ‘open door to which this
, country stands irrevocably committed, as
- well as aiding in insuring the integrity
, of China and its administrative control
i over its Manchurian provinces.”
STRUCK OUT BY THE HOUSE.
i
Provision for Salaries Civil Service
Commission and Clerks Thereunder.
i
(By the Associated Press.)
Washington, .Tan- 13.—After a lively de
-1 bate alsting three hours the Hou-e today
in committee of the whole by a Note of
! 78 to 65 struck out of the legislative, exec
» utive and judicial appropriation bill the
paragraph providing for the salaries and
exenses of the Civil Service Commission
and clerks employed under 'the commis
-ion.
The action was taken on motion of Mr.
Hcoburn, of lowa. He was supported by
. Republicans and Democrats, in charge of
the bill, that a yea and nay vote will be
demanded on the question when the bill is
reported to the House.
Mr. Bartlett (Georgia), taking up 'the
report of Fourth Assistant Postmaster
General Bristow addressed himself to the
Ci'il Service system, referring to state
ments made by Mr. Bristow.
Mr. Bartlett charged hat in the appoint
ment of the chief of the supply division
of the Postoffice Department, according
to the report of General Bristow, the
Civil Service Daw had been violated.
"I call attention to this,” he said, “be
cause it is on the very thre hold of this
report. It meets you at the start, at the
very door and stands out as a bold, bald
violation of the law, and the man who
violated it, the man who encouraged it,
the man who started it, the man who
asked it is a former First Assistant Post
master General, Perry S. Heath, now Sec
retary of the National Republican Com
mittee/’
Mr. Cooper (Wisconsin), said that every
one of the men under indictment except
one, in connection with alleged postoffice
frauds, went into the service under the
spoils system.
Mr. Grosvcnor (Ohio), spoke against
the Civil Service as it now exists, asking
why an appointment should not be as
properly maae upon the recommendation
of a representative of the eole as to have
the President appoint a Foulke to be
purveyor e. the appointments.
Mr i Clarl^MisimjH^ujjj||g^^^^.
bill be brought before the House so the
subject could be debated and voted upon.
Mr. Grosvcnor said the gentleman from
Missouri (Mr. Clark) could immortalize
himself if he would introduce and pass a
bill amending, enlarging, altering or af
fecting the old law which, he said, is re
garded as the perfection of human wis
dom.
Mr. Richardson. (Alabama), reading
fro mthe President's statement in connec
tion with the Bristow report protested
against any man assuming that the men
under indictment are guilty before they
have been tried.
Mr. Hepburn declared that he was not
inclined to criticise the heads of the com
mission, “but the Civil Service as it is
adminstered s a fraud and a humburg.”
Ths statement met with applause on both
sides of the House.
Mr. Gillett said he was in favor of a
merit system and not a patronage system.
He admitted that the system is not per
fect and can be amended, but he said
no good wouid come from striking out the
paragraph in the bill providing for the
expenses o* .ie commission.
The House adjourned until tomorrow.
Russell Sticks in Their Gorge.
(Special to News and Observer.)
Winston-Salem, N. C., Jan. 13. —Bocal
Republicans admit that ex-Governor Dan
Russell has gotten himself into a predica
ment ove rthe Wilmington postmaster
ship. A prominent member of the party
says the Senate ought to refuse to con
firm Mrs. Russell's nomination and that
her husband should be politely informed
that he need never ask for anything else
at the hands of his party.
Local Republicans think that
has acted badly and that he has shown
what kind of a man he is by asking a
woman to even loan him money with
which to go to Washington in her behalf.
DOUBLE TRAGEDY
Death by the Revolver
Route for George Corn
and His Wife.
(Special to News and Observer.)
Asheville, N. C., Jen. 13.—Deputy Sheriff
Wells and Coroner Hemphill today went
to Pole Creek, in this county, where an
inquest was held over the remains of
Geo. Corn and his wife. Last night Corn
shot his wife dead and then walked into
the road, where he put a bullet through
his own head. Corn was a well-knoNvn
farmer of this county and was over fifty
years old. He has had considerable do
mestic trouble and it is said this is what
led to his rash act.
The death of Robert E. Sharpe, ox New
York, occurred at 4:30 o’clock this morn
ing at 159 Charlotte street. The deceased
was 85 years old. Mr. Share fas the
father of Mrs. George J. Sheaprd, of Ashe
ville, and the grandfather of Rev. Frank
R Shepard, of Buell, N. Y.
MABELS LOVER ACQUITTED.
Alois Ecstein Goes Free. The Prose
cution Tries the Court's Patience.
(By the Associated Press.)
Allentown, Pa., Jan. 13. —Alois Eckstein,
one of the lovers of Mabel Bechtel, who
was so mysteriously murdered last Oc
tober, was acquitted this afternoon of
complicity in the crime after a brief trial
in which t'he conduct of the prosecution
sorely tried the patience, not only of
Judge Trexler, but also that of the jury
men and counsel for the defense. E. J.
Lichtenvalner, the district attorney of
Lehigh county, was so befogged that it
was with difficulty the case was carried
to a conclusion. Several times the court
interfered and threatened to end the pro
ceedings for the day unless the common
wealth conducted its case in a more or
derly manner. At one time the district
attoimey’s assistant in the case took
charge, only to be set aside by the district
attlorney later on. The court endured
the proceeding until after the jury had
been instructed to render a verdict of ac
quittal when Judge Trexler adjourned the
court-
The district attorney wanted to g) ahead
Nvit.h the trial of the accused members of
the Bechtel family, but the attorney for
the Bechtels’ protested emphatically. The
district attorney, however, was insistent
and ordered the names of the defendants
called, but the judge interrupted by say
ing to the district attorney:
“Do you intend to conduct the prosecu
tion yourself, or will you rely on assistant
counsel? If the latter, the trial will go
on, otherwise this court will adjourn until
tomorrow morning.”
“The ditsrict attorney proposes to con
duct this case himself,” muttered the offi
cial.
“Then this court stands adjourned un
til 9 o'clock tomorrow morning,’’ said the
judge
The opening address of Atttorney Lutz,
who is assisting the district attorney,
was exceedingly brief, and did not give a
strong indication that the commonwealth
expected to fasten complicity in the mur
der on Eckstein.
Eight witnesses were examined. The
only point brought out was that Eckstein
and Mabel frequently quarreled and that
Eckstein is alleged to have said to her:
“You are trying ito drive me to the
grave, but you may get there before me.”
This testimony was given by Mrs.
Brobst, Mabel’s sister, who said she over
heard the remark about Easter, last year.
David Weisenberger refused to answer’
questions put to him which referredtohis
t THE WEATHER TO-DAY.t
♦ F#r Ralolghi
l FAIR. I
PRICE KIVU OEMS.
DEVOURING FIRE
LIT SNOWY NIGHT
Five Story Brick Build
ing in Greensboro.
LOSSES ARE HEAVY
The Fire Bursts Out in the Bevill
Building Opposite City Hall Pre
senting a Spectacle of Ter
rific Splendor. List of
Losses.
(Special to News and Observer.)
Greensboro, N. C., Jan. 13.—Fire to
night in the five-story brick building op
posite City Hall and owned by W- E.
Bevill, damaged the building .to the ex
tent of $5,000, which is covered by insur
ance.
Plumbing stock of J. Ed. Albright, loss
S6OO.
Stock of groceries, Cliaa. E. Pugh, $2,500.
J. J. Stone Printing Company SB,OOO,
fully insured.
Boyles & Mitchell, window shade fac
tory, $2,500, insured $1,500.
A large amount of the insurance was
carried by Greensboro home companies.
Two large printing presses of Stone
Company, valued at $7,00, were saved by
preventing the fire from ithe upper story
burning the end of the building they
were on. The bindery and other machin
ery were totally destroyed.
The fire was caused by a boy in the
plumbing establishment on the first floor.
In locking for something with a lighted
candle he set fire to the oakum hangings
on ihe wall, which ignited like powder,
and communicated to a bale of hay near
the elevator shaft, the flames shooting up
the shaft to the first Ptory and igniting
plunde rthere- This, under a metal roof,
was impossible to reach.
Another fire near the McAdoo Hotel
burned the stables belonging to John
Dick. Loss SSOO.
The J- J. Stone Printing Company pub
lished Fairbrothers’ Everything, the next
is-ue being due tomorrow. It is not known
to what extent the matter is damaged
bu delay of issue will not be more than
five days at furrthest, possibly not three
days.
Stor.e will at once equip office in another
building, not discharging the. thirty-five
workmen, unless for lay off of a day or
more. Bevill will rebuild as soon as In
surance is adjusted. The walls of the
building apparently are not damaged.
The water pressure was deficient, fire be
ing in the fifth story, which occasioned
great alarm for awhile. Whe nthe roof
burst out after two hours’ of hard fight
ing, amid a fall of snow, the scene was
magnificent beyond description. Work of
firemen In saving the part of second story
containing the expensive presses of Sfone
Company was splendid. Ossupant of one
store with large stock of groceries had
just moved out.
RUSSELL SERIOUSLY ILL.
Removed From Ebbitt House to Johns
Hopkins Hospital.
(Special to News and Observer.)
Wilmington, N. C., Jan. 13. —A private
telegram received today' from Mrs. Rus
sell. who is with her husband in Washing
ton, states that ex-Governor Russell has
been removed from his rooms at the Eb
bitt House in that city to Johns Hopkins
Hospital in Baltimore. Governor Russell
is suffering with kidney trouble, and
private advices tonight are that his con
dition is very critical.
At a meeting of the alliedl Confederate
organizations o fthe city tonight, feeling
resolutions of regret upon the death of
General Gordon were adopted and eloquent
tributes were paid to his memory by Col.
A. M. Waddell and others. Col. W. J-
Woodward, of General Gordon's staff, and
Brigade General J. I. Metts, commanding
the third brigade, North Carolina division,
U. C. V.. left this afternoon to attend
the funeral of General Gordon in Atlanta
tomorrow.
Sixteen Damage Cases.
(By the Associated Press.)
Coal Creek. Tenn., Jan. 13.—Sixteen
damage cases against the Coal Creek Coal
Company and G. M. Camp, superintendent,
for alleged misrepresentation made to se- «.
cure a party of miners brought to oal
Creek from St. Louis on December 4th.
last, were decided in favor of the miners
in a justice court yesterday. A judgment
for $250 and all costs was rendered in
each case. The company will appeal. The
Fraterville mine, of the Coal Creek Coal
Company is now being operated, a force of
detectives and deputy sheriffs being on
guard.
In Honor of R. C. Caldwell.
(Special to News and Observer.)
W'iuston-Salem, N. C., Jan. 13.—The an
nex committee of the First Presbyterian
church have decided to name the proposed
addition “The R. C. Caldwell Memorial
Building” in honor of the beloved pastor
who died in Philadelphia. Work on the
buiMy. to be-