7
A' I.
-II
yesthcr Today
Forecast for North Caro
lina: Fu'r in west, rain In
cast .-portions - Tuesday:
xldcr Thesis y; Wednesday
fair )'ml folder; brittle - to
shifting wind on coast.
"t r
VOLUME LXXXVm, NO.
MIME OFF
of Wind is 7o
Miles an Hour
Fl
Between JLSOO and 3,000 Are at WorE
C on Railway Construction and There
is Slight ' Opportunity for Protec
, ' tlon Against Fury, of the Storm
Which U : Sweeping Northeastward
Does'small Damage to Shipping at
Jacksonville,-;.,. 1; !v ;
v ' By :he "Associated Press.)
Miami, pa., Oct 11. The storm,
which haal prevailed .here since yes
. terday afternoon Increased In intensity
this afternoon; the rain coming down
in sheets, driven "y ? strong winds
from ,the south, people are fortifying
their houses and vessels In the har
bor against the hurricane, which is
expected to arrive tonight.
The sky Is overcast with a sulphur
ous yellow;) house are being unroofed
and limbs blown from trees. The fury
of the storm 's on. :. , i
' At 1 6 p. pi. the" storm Is growing
more furious here and Uhe. wind la
driving; frdm -the south at a. great
rate ---- - - ,.--"
AH efforts v of the officials of the
Florida East Coast Railroad here to
get into communication with the men
at work ori . the road's extension on
the key of (the extreme southern pen
insula have , been In vain. ; Between
2.500 and 3.000 . workmen are em
ployed onrthe construction work on
the . lower keys, where ia alight -opportunity
for protection-from vhe fuvy
of the storm. Grave feart are enter
tained for the safety, o . ft"iese .pen,
the apprehension being intensified ,oy
recollections of the hurricane oi'
when 140 rrten lost their lives anC In
calculable damage to ; proty 'srac
done in that sectjrn. It is said
the construction camps are bene;' oi
tlflod how. and It is. knowif ilia; Lho
engineers oni the work have L?e. si3
' Mrinr'. .fr A W? blow for a uu;rber
of days" past. Inepite" of Ihl-VAOW '
ever, the exposed location of . ' he i"Ji
Toad, which j skirts . the ver yb ink ox
the ocean, stretches of the maislvs
concrete columns even btng-f ou i':of
sight of iand.'leads to grave concur-'
for the safety of the workmeiu ; .
-? ' Damage !o" Shipping. . .' - r
Jacksonville, TFla., Oct. 11. At this
hour (7;15 p. m.) heavy ciouas are
coming up fi:om the South. On board
the Clyoe Meamer Mohawk the ba
rometer reads 23.6$, while at 5 o'clock
this atternoOn tae barometer In the
dee of . thd Clyde. . line registered
29.51.' A '- -K: - . '"
The stcrmas central at Key;West
at noon today, the wind reaching ' a
velocity Of iseventy miles an hour,
and doing ponsiderald damage v to
unaU shipping .in, the harbor. . At - 3
o'clock this afternooa- the centre-had
" fchitted to midway between Key West
and Jupiter land was moving north
west with increasing Violence. - - The
weather obe)rver. here calculates that
there ia danger. of the atorm striking
Jacksonville jsometlme between nild
jiight and dawn. - ' "-". ; - . '--'
Savannah, -Ga., Oct. 11. At this
hour (6:4t p." m.) the entire sky : is
obscured -here by threatening clouds;
the barometer "la at' 29.5g; 71'he ire
lcs station, here for hours has been
warning" .vessels at Bei. ; 1";: ?
" Yam(nsr Along Coast. ; V
ef Auciistme Fla.. OcL 11. At3
o'clock ad-lcea from Marathon, a sta
tion on. the Florida East Coast Rail
road, stated tliat a sixty-mile gale was
blowing therej. Warning has - been
given the people along ine nor
Tn resnonset to urgent appeal from
' TaL-.rtnviiie - a fast ' launch lett here
at 3 o'clock this afternoon to 4 warn
residents along, the coast iowiana ur
a distance ofl to miles south of the
approach of ajstorm and Of danger to
life ana property.
'.' - '.'") - . ' :-'.-'.
f i ; Situation at Tampa.
Tampa. Flat, Oct. 11. Barometer
ls going up hfre. now. reading 29.6.
Local weuather bureau advises storm
probably over eastern centre of State,
sweeping towards coast, probably tak
ing Jacksonville and Savannah. -
rrecautlon at Wilmington.
Wilmington.
I. C. Oct 11. While
readlnsr here Is some-
th ebarometer
what-low' and
vessels have taken the
precautions prompted by the weather
oureau wamms, ii.u.vAuvit
of a hurricane aling this lm me Hate
coast tonight. The Clyde liner Nava
hoe reached here at 6 o'clock this
i evening, having been delaked by heavy
winds; but otherwise there was no in
dications of a hurricane north of
'here.. , - .
r Ktorm Covered Small Area.
Washington, D. C, Oct. ll.-Owlng
to wire .conditions reports of the
progress of the jstorm prevailing along
: the noutheast boast have not been
' complete to the weather bureau offi
cial and tonight they could not de-(
termlne the progress of the storm nor
. its center, further, than the fact that
it is traveling' northestward.r In or
der to be on thi safe side the olflclala
have ordered storm - warnings dis
played up a fqrsas Norfolk and the
shipping has beeiiSarned . to be as
cautious as poe dble OtJU the danger
U over. . . , . .
J The principal,' report missing to-
nfght was that from Jupiter, Fla. The
report from Ky West says that i a
number of houses were blown down
but shipping U secure. From 9 o'clock
j until 12 this rhorning. the wind at
, Key Wept blew 72 mile an hour.
The storm was Centered at that place
at 11: 45 n. . m.
The storm, according io the bu-
pfaii. nn'.v covered a maii
' 7 - . ...u . . mm auu
touched ohly a small portiou of Flor-
u .....
Leads
- .msmmsspsmh MBsMsswsssssMisss"ssss""
UST OF FLORIDA
EAR FORlVORKMEiI AT KErS
12G
all North
T
9!
District Court Upholds
the Lower Court
He Was Convicted of
Indictments
iii Lower Court and Defeiulnnt Getn
Some Solace Out of Dwisioi Case
Will Be Ruslied to Supreme Court
District Court Grants Stay of Forty i
Days.
(By the Associated Press.
New York, Oct. 11. Unless the su
preme court of the United States re
verses the decision or the President
of the United States interferes, Chas.
W. Morse, one time 'Ice king," coast
wise steamship line organizer, banker
and capitalist, will serve 15 years at
hard labor In 'the Federal prison at
Atlanta, Ga. After having been at
liberty under 5125,000 bail since June i
17st, last, he is back in the tombs
prison tonight where he contemplates
the decision of the United States Cir-i
cult Court, of Appeals, rendered to
day, sustaining the Judgment of the
lower Federal court, which found him
guilty ,in November last of violating
the National banking laws.
There was solace in the decision of
the court of appeals today, however,
lii that only ten of the fifty-three in
dictments on which he was convicted
were sustained, and on the strength
of this, his counsel. Martin W. Little
ton, , will. Immediately carry the case
before the United States Supreme
Court on a writ of certiorari. To this
end the United States Court of Ap
peals; has granted a forty days stay of
3X3CiUloh end pending a decision by
the supreme court application will be
:ncd to have the prisoner again ad
niited to bail.
. Worse took today's deel sion calm
ly, . though he was plainly grief
s.Jcksa and perphaps surprised.' .Mrs.
J; o.-se was with her husband . in the
marshall's ofSce during ' the , entire
?o?nias. When word came that :. the
daclslon was against him she , saldr
"All A!ongr we had the utmost confl-rSsnce-ihat
a ne.vv trlar-Jirould - be!
Srcntea; The decision today came as
& surprise to us. But. my husband ts
brave - and. will continue to etruggle
xov his liberty.!!' - ,- '
Or;a o( Morse's keenest regrets at
bslng forcjed to return to prison Is the
inlermptlon of his beaver-like struggle
iC rebuild his fortune. - Since his lib
aralion uyider bail he had been re
elected president of the Metropolitan
2t3amshii, Company, a New England
corpora li on. arid of the Hudson Navi
gating Company, operating a line r f
boa is on the Hudson. He lscredlted
with having discharged the bulk of
his debts. Frlm the two big trans
poitation lines that had within the
week elected Morse as their president,
there was no official statement forth
coming after today's decision Jt was
understood that, for the time being, at
least, the elections would stand.
CAS3 AGAIXST SHERIFF
smPP AXp OTHERS.
Attorney Cllft, pf Tennessee. Present
: Briefs Before the United States Su
preme Court In Noted Case. ; ;
.(By the Associated Press.)
' Washington, D. C..- OcU 11.-Attorney
A. H. Cllft, of Tennessee .today
presented to the Supreme Court of the
United States the last of . number of
briefs . bearing on th petitions of
Joseph F. Shipp and a number of
other resident of Thattanooga,
charged with compiicity'ln lynching
a negro, F. Johnson, after the Supreme-Court
had taken cognizance of
his case. -
There were originally about twenty
five of the defendants, but the num
ber was- gradually reduced until the
last term of court when seven or eight
of . them were pronounced guilty.
These Included Mr, Shipp. who was
sheriff of the county and his deputy,
Jeremiah Gibson, who was the county
Jailer.
In his brief Mr. Cllft charges that
the court erred in many respects in
reaching its conclusions, and he es
pecially asserts that when Johnson's
lynching occurred he was not in the
custody of the federal court but of
th State authorities.
Mr. Cllft especially sets up in hi
brief that he appears as the friend
and not as the paid attorney of his
clients. He sneaks of them as "old
Confederate soldiers and men of high
standing" in their community.
JOHN P. POE
CRITICALLY ILL.
Framer of
1Ve Amendment
Which
W:'Iefeated.
(By the Associated Preps. )
Baltimore. Md.. Oct. 11. John P.
Poe, one of the leadinp lawyers of
this city and state, is critically ill at
the residence of his daughter, Mrs.
Alfred Tvler, at Ruxton. Baltimore
county. Md. Mr. Poe sffered a stroke
uof apoplexy yesterday.
He was the framer of the Poe
disfranchisement amendment, which
wad- defeated. He has been the com
piler of many legal works ami is also
thai dean of the Maryland University
school of lew.
SANTO DOMINGO REVOLUTION5
The Insursents However Are Repulaed
by Government Troops.
(By the Associated Press. 1
Cape HaTTren. Haytl. Oct. 11. A
revolution " has broken out in Santo
Domingo. The Insurgents, headed by
General Andre Navarro, this morning
attacked Dajabon. a town near the
Haltien frontier, but were repulsed by
the government troops.
Ordered to Yorktown.
(By the Asxociated Press.)
Waihington, D. C, Oct. 11. A di
vision of 'the, Atlantic torpedo flotilla
has been ordered to be present at
Yorktown. Va., on the 18th Instant to
participate 1 nthe celebration to-be
held there tof commemorate the anni
versary of the surrender of Cornwal-
C
ON IS
MORSE
KN
COUNTS
SUSTAINED
0WL7 DAILY IN NORTH CAROLINA
News
UALEIGII,
lloa
THERE
His Friends Uisunder-
stood! Matte
HOT VICTORY NOR DEFEAT
No Fight Since the Recehershlp, and
Recent Action Is for Purpose of
lfnimnnlTlnD' All Tntpiwii and In.
j r ,
sore Peace and Effeclve Work The
Presidency Matter to Be Consider-
ed After Endlny of Receivership
Roads Slerged.
(By the Associated Press.) ;
Richmond. Va. Oct 11. John;
Skelton Williams was in his office
here today, j having Just returned
from the meeting of the reorganiza
tion committee and the board of dt- 1
rectors of the Seaboard Air Line;
Railway system in New York. t
Mr. Williams saiid that while It!
km i i i . TV .k .
publicly, it is a fact, that the Atlanta
and Birmingham Air Line Railway.
operating 237 mllesi the Florida West
Shore Railway, operatlng,70 miles;
wotr nnfir.lln; 14 rnll.- h fot--Ko
Valley Railway, 'operating 22mlles.
and the Tallahassee and Southeastern
iirr,rt nrtinr :io ,n,
were
merged with the Seaboard Air
Line
Railway as of September 29 and 30,
1909. ,
This Increases the operated mileage
by nearly 400 miles, so that the mile
age operated, or owned by the Sea
board Air Line, from October 1, 1909.
will be Just 3,000 miles. These several
subsidiary roads have been controlled
heretofore, but have been operated
SfDrtlv Their nnor.tlnn. h.n.r
will be included in the operations of
the Seaboard Bystem proper.
Following this statement Mr
Wil -
liams added: i
i regret to see xnat 10m
papers which did not entirely
stand the situation knd some
riiuiusiuaia- inrnua ifre loo mucn OI8- I
.nU.i.l.ll. ..." A - . .
posed to herald the ;, recent action at
New York in electing! myself and some
of my friends to the; Seaboard Oirec-
torate as a Williams! victory. This is
the wrong view. Thie action is not a
victory or a defeat for anybody and
wn.t not so intended. I Thra hi. v.Aan
( ! !
; '- r' j
.... ' " -v.
The Washington Herald. ! J
ftllLtllS ID lISllCiBIEBliEDT
r, I. LIFE IXSURAXCK POUCY? -X1 - ' ! -i;sv .1 .
Til L C fl I I CVCTl nI In h McCne CnM,luie Matter lit ; L M R I L I I PI P H ll M 1 1
Tijbu.luMi a tllfl s-Lm su I run lilrLllm lyllllL
- - j . . i j
no flRht since the receivership. It was! (Special to News and ; Observer.) j
simply a case of those most heavily A-hevllU Oct 11. While aoine
and directly interested In the Seaboard ! AeheUlle- uSl- ',"
getting together to harmonize all in-:down autn Mj,ln 'street Portly be
teresU and to Insure peace and effect- i fore dark, to-night Whit Lipinsky.
lve work." j driving an automobile, ran over and
Mr. Williams was iaaked about the ' very serlouBly injured the nine-year-presidency.
He replied:, "That is a ! old son of a Mr. Barnetti close, to the
matter whlrh nPi1 nnt he HIimm.Aj I latton'a Vw.ua. I
present, as it is expected that the
whole subject ot me management will
be taken up in a harmonious and
friendly . manner auer ine ending of
the receivership. I think there is notisteoDed in the way of the approach-
much doubt that whatever is done ! ing machine and that he could not
will be done by general agreement, stop the machine, which-was. running
and after a full discission and con- at a low rate of speed, in time to
sideratlon of what will be best for the! avert the accident. The mother of
system and the country through which the boy. the two returning from' the
it operates as you will observe, a circus, claims that the boy had gotten
territory constantly extending and oft the car before her and war more
widening. So far as I have had oppor- than fifteen feet ahead of the ap
tunity to observe and believe, the di- proachlng automobile. ad that thu
rectorato is now unanimous in the driver of the machine fcould have
desire to make the Seaboard a great avoided htm. Mn Lipinsky nt once
and valuable property! and a vast fac- went' for Dr. L. B. McBrayer. add later
tor in the building ujp of the South, other physicians were summoned ' In
That id the hope I have had from the an effort to'save the bo;S life.
outset, and if these purposes are ac-
complished 1 shall be greatly grail-i
lis. -. j s
WAT
HAS
i
X. C, TUESDAY MOjUTESTG, OCTOBER 12, 1901)
Dallies In New
ARE COOKS AND
( By the . Associated i Press. )
Washington. D. C.; Oct .11. The
question whether the ordinary Insu
rance policy insures a man against
death by legal hanging is raised In the
case o fthe Mutual Life Insurance
: Company vs. J. William McCue arid
i others which was presented today to
' the Supreme Court of the United
I States. f j
i McCue is one of the'children of the
late Samuel J. McCue, who while
serving a term as mayor of the city
of Charlottesville. Va.. was found
guilty, of murdering ihla wife and"
hanged for the offense in 1905. i
About a year previous to the crime
McCue took out an Insurance policy
of $15,000 in the Mutual Life. The
I company refused to pay the policy! on
' the around that "the death of the 'in-
-sured by hanging under sentence of a
court of justlce annulled the contract
j of Insurance. '
BALES OF COTTOH LIGHTER
STATE31EXT OF VEIG1ITS
i "
DURING SEPTEMBER.
i -
(By the Associated Press.)
New Orleans. Oct. 11. Secretary
I . , j i t.
Hester has just Issued a statement ;of
i weights of 1,034,680 bales of cotton
j handled at outports and across the
Mississippi. Ohio and
Potomac rivers,
JlJX-r
j . k . -V.AL.r
month of September, showing an av-
erage per bale of 518. 65 against &2&.40
pounds for the same period last year.
The detailed averages are:
Texas ports 528.65 againnst 642.46
last year; Louisiana ports 502.86
against 521.73 last year; Alabama
ports 608.06 against & 31.56 last year;
Georgia ports 617.60 against 516.15
last year; South Carolina ports 495
against 490 last year .-North Carolina
Pru bli against isi w.
Virginia 506 against &io last year;
Tennessee 511.02 against 530.37 last
Iear - ''
fwiiino rods
II
SERIOUS ACCIDENT HAPPENS TO i
ASHEVILLE HOY MR L1PIN
SKY'S MACHINE.
The boy s face vn uauiy clut. bis
head bruised and left collar-bone
broken and left ies badly injured.
. . .
Mr. Llnlnsky claims mat the bo.
Mr. Lipinsky is a son ot s. Uplnsky.
a former alderman of . Asheville, and
prominent business man.
DOWN
BOY
OIER 15,000 SUBSCRIBERS
n
COOKS
Will be Given a Hearing
Tomorrow
A WOMAN IN THE CASE
N. W. Fain, One of the Oldest Car
riers at Asheville, the Man Charged
With Intercepting Stall Has Been
Held In High Esteem and His Ar
rest Caused Great Surprise In Com
munity.
(Special to News and Observer.) I
Asheville. N. C, Oct. 11. N. W.
Fain, one of the oldest letter carriers
in service at the Asheville postoffice.
was late today placed - under- arrest
by a United States postoff.ee inspec
tor on the charge of rifling the mall
I of a woman -who resides on South-
side avenue. He was later released
jon a $500 bnd to await tho hearing
oerore unuea states commissioner
McCall Wednesday and has been sus
pended from service, pending the in
vestigation. About the middle of last
week a complaint was" registered with
the" nostofflce insDector bv nn nut.
! of-town man that his mail to this
woman in Asheville was being tam
pered with, and that he had writ
ten letters which she had never re
ceived. Mr. Fain has been in the
employ of the postoffice for nineteen
years, and was held in the highest
regard by his employer, so much so
$hat when this complaint was pre
sented to the postoffice Inspector, he
almost laughed In the man's face, be
lieving such a thing impossible. How
ever, returning to this city hurriedly
and unexpectedly, and In total Ignor
ance to the employes of the postoffice,
he last night begun the investigation
which led to the arrest of Mr. Fain.
The immediate undoing of him. it
seems it was a letter which arrived
hre before midnight last night from
I Hendersonvllle and addressed to the
; woman In question. It was guarded
i by the mall clerks until this morning
; about five o'clock, shortly before the
'arrival of Mr. Fain, and then placed
(.arrler !, depk. )Ir Fatn
in a stacK or letters on the orouer
who makes
j the early delivery in the business 'sec-
i tlon and comlnjr Into the postoffice it
' Is alleged searched through the pile
of letters lying on the desk of ; the
carrier who delivers the mall to the
Southside section, found this letter
and it is alleged he broke It open.
When approached this morning by
the Inspector, he first denied having
Hnythintr to do with the broken letter,
but later admitted It. As best that
can be learned It seems that jealousy
must have been the cause of his ac
tions, and not any hope of pettlnsr
money. Fain Is a married man. and
has several children. H's wife is an
Invalid. Rumors ro that he and this
other man have been paying attr
tions to the woman: that a great joal
ousy has arisen between them, and
that he took thls means of nutwittinv
the other man. The arrest has caused
a rreat surorfne in 'Asheville: as the
people held him in utmost esteem
and confidence. He Is a very promi
nent member of the Jr. O. V. A. 3u.
"belne .district denuty of the Seven
teenth district whleh covers Western
North Carolina. nd has hMd this po
f'flori fnr several years He Is a man
about 55 to 60 years of age, and was
unpointed a letter carrier when the
dty free delivery was established
about nineteen years aro He wa we'l
liked, and great sympathy Is ex
pressed for his family.
o
I
r
!
jfV
in,
SEVERAL DOCTORS Ss'llE ME1 ;T0
! TO BE ARRESTED "I DURHAM
i -.:.r .
Too Free in Giving Whis
j key Prescriptions
POKER PLAYERS POLLED
Arrested In Greensboro, But Were All
Out-of-uvners Owing to AbHOivce
of District Attorney Holton, the
Ce Against Lee U. Battle In Fed
eral Court May Be Postponed As
sistant Coble Prosecuting Cases.
By ANDREW JOYNER.
Greensboro, N. C. Oct. 11. Federal
court opened again this morning, the
day being devoted to clearing the
docket of bond distilling cases. In
the absence of District Attorney Hol
ton, assistant District Attorney Coble
prosecuted the cases, and had unusual
success. The case against Lee H.
Battle, cashier of the City National
Hank, indicted for the alleged misap
propriation of funds, has been set to
begin tomorrow,, but it looks now as
If the caae might be continued on
account of the absence of the Dis
trict Attorney, whose son' was .acci
dentally shot Saturday, and who Is
now reported to be In a critical con
dition; The District Attorney sent a
message- early thin morning that he
hoped; to get here by noon, but since
then it has been reported that his son
had taken a turn for the worse, pre
venting Mr. Holton from coming to-:
day. and if the boy continues In his
present condition, It will be impossi
ble for the case to be tried at this
term Of the court, even should the de
fense Jbe ready for trial, for the Dls!
trict Attorney has made special prep
aration of the government's side of
the ca.se.
A non-resident-"', gambling fellow
played, a very scurvy trlck on four
other j non-resident gambling gentle-i
men here Saturday-, night. The five
were having a ,;iittle game of poker"
in a private room of their hotel, when
this fellow getting the. worst of It; got;
mad ad Quit." leaving-the room. He
went straight to the police station and
peached, the officers going to the rdom
designated and finding the party. play
ing thej game arrested the . whole
bunch. , Bonds were riven for appear
ance In police court this morning.-but
at the hour named, the peaching amd
impeaching witness failed to show up.
so the lease was continued until he
can be found and brought back.
Alleging that several physicians
here have violated the prohibition law
which limits the giving of prescrip
tions for whiskey to any except "reg-
ular" patients, the police have been,
instructed to have warrants 'servea
on all physicians who gave prescrip
tions last month to those who are
not their regular patients. .
The annual chrysanthemum . show,1
which is generally held here the sec
ond week In November, will be held
the firsts week. November 4-5. this
year, owing to the fact that this lovely
"autumn rose" gives promise of
blooming; earlier than usual. The
event is always of great local interest,
and there is the best prospect now
of fine specimens that have been seen
for several years.
Bishop j Cheshire preached In St'.
Barnabas ! church here yesterday to a
verv large . congregation, and con
firmed a class of six.
LITTLE HOPE FOR JOHN HOLTON
Tle Son of District Attorney Holton
Who Was Accidentally Shot by His
Brother. i
(Special to News and Observer.)
Winston-Salem. N. C. Oct. ll.
John Holton. the eleven-year-old sop
of District Attorney A. E. Holton. who
was accidentally shot in both legs by
his brother Frank on Saturday, has
been unconscious all day and little
hope is entertained for his recovery.
Tonight the left limb was removed as
a last resort for saving the boy's life.
District Attorney Holton is at home
and it Is Tuite probable that his ab
eence will necessitate a delav or f on
tlnuance of the trial of Lee H. Battle,
ex-cashier of the defunct City Na
tional Bank of Greensboro, arranged
to begin in the Federal Court at
Oreensboro tomorrow. Mr. Holton Is
the governmen's leading counsel for
the prosecttlon.
Battle is charged with wracking
the bank through loans to himself.
DEATH OF MI? P. Ii. PRICE.
Prominent nnslness Man of tireens
boro end Madison Dies at Wilming
ton. (Special to News and Observer.)
Wilmington, x. c. Oct. 11. Mr. P.
D. Price, for many years a prominent
business, man of Madison and Greens
boro. N. C. died here this afternoon
at the home of his daughter, Mrs.
Percy R. Albright, after a lingering
illness of seven weeks, during which
he came to WrlghtsviHe BeaCh and
Wilmington with the hope that the
chansre would be beneficial to him. He
was in the 7"d year of his kge and is
survived by his wiff. and one daugh
ter. Mr. P. H. Albright. After a
short funeral eervlce from the resi
dence .to-morrow evening at 6 o'clock
the remains will be taken to Greens
boro for Interment.
Ceiuni SuxrvlNor).
( Py the Associated Pre.)
Washington. D. C.. Oct. 11. The
commission of several additional su-
perv'sors of the next census have been
fipned by President Taft and for
warded by Director of the Census Du
rand to the appointees. Among them
tire:
I Livingston F. McClellan. Stone
fountain, for the fifth district, and
Harry Burns. Macon, for the sixth dis
trict. Georgia; James L. Michle. Dar
lington. for4, the sixth district! and
Krnest D'iTre. Columbia "foK the
seventh disfflX South Carolina. x
.
Weather Yesterday
Maximum temperature,
14 degree; minimum tem
perature, 0 debtee; total
precipitation for 24 hour
ending 8 p.. m.. OUtO Inch.
PRICE
5 CENTS
Agriculturists will Visit To
bacco Factories
i
Second Week of Superior' Court On
The B. L. Iuke Salt to Come Up
Mr. W. L. Foushee Sworn In as At
torney Eno Club Getting Heady
Alleged Moonshiners Round Over
to Federal Court.
(Special to News and Observer.)
Durham. N. C, Oct. 11. The Na
tional Farmers' Association which la
to be In session In Ralelgji next week ,
has determined to honor Durham a "
day on its return and as he guest of
Col. Benehan Cameron wlU stop In
this city Immediately after adjourn-
ment In Raleigh.
The agriculturists, hailing largely
from the Westj,- mean to spend the
time in the tobacco factories, many
of them being a stranger to the weedr
which made Durham famous. They J
will be taken over the whole city and
will be dined by Colon Cameron.
They go from here to Wlnstdn -Salem. "
where they nJoy a day. in the -' fac
tories of that city. ;
This will make the second national
meeting in; tne city within r.a week,
preparations now beln in ordr tn n.
tertaln the National Religious Train
ing scnooi ana Chatauqua tor the Col
ored Race, which meets here ? Wed- ,
nesday night of thla wetkJ : T - '
The merchants are to be the hosts
of this distinguished gathering. The
first address will be Wednesday night i
uy aDpt ADram Bimon,! of Washing
ton, whose . subject - la iA ! Plea for
Leadership." Thursday there will be
shorty addresses by Judge j? Jeter C.
Pritcnard,. Rev. Thomas BL Shannon.
TRAINING
nnllnnt
and Rev. William, G. Chapman, of "
Newark, New Jersey; Dr. I James 1L ,
Dillard. of New Qrleans; D, A. Tomp
kins. Charlotte, and -perhaps others.1
While. .Bishop Strange-of Wilmington, -Dr.
CharlfeaH. Parkhum.1 of- New ;
York city, and Rev: Dr. J. XL Massee,
of Chattanooga, have indicated" their
Intention of coming here, they are
not down for addresses. !
The board meets at noon and holds
until 2:30. It then: goes Into execu
tive session i and .is expected to settle
the question at that time of the style
of architecture and the number of
buildings with, the awarding of con tracts.
Two buildings will in all prob
ability be erected and the work will
berin about the first of November. ;
The reception . to the visitors fol
lows at the Y. M., C. A, where the
merchants and the ladies of the city
will entertain the various large figures r I
who attend.. General Julian S.' Carr ,
will preside. He Is treasurer of the
association and with him there Is an- s
other Confederate General, B. ' W.
Green, of LitUe Rock. Arkansas,
The Associated Press has made ar
rangements to cover the event, and '
will have a special representative '
.here. . ( '-.r
The second week of Durham civil v
court is now in session, and today '
there was heard an Interesting appeal A
case of the Anderson Tool Company, ;,
through Its selling agents, against B. .
L. Tyree, wholesale grocery ieom pan j.
The first case was heard before i
Justice R. C. Cox, who awarded a : -Judgment
for $102.5$, Mr. Tyree ap
pealed, having put In a counter-claim.'- ,
The issues seem to, have , risen i over j
the sale of some oil tanks that gave : 1
no satisfaction and were to have, been .
returned. The guarantee upbn 'these
covered the shipment of nw tanks
and the exchange of the old, but
whenMr. Tyree asked for shipping
instructions, he says he did not get,"
them. His counter-claim covered the
first Judgment. The point of law, in
which oral contracts figured; as1 well
as written ones, is Interesting.
The court will, not try the Brodie r
L. Duke Case, where the National
Bank of Dallas, Texas, held' a note
of $4,000 against Mr. Duke. It goes;
Over.
; This action was brought first In
Cherokee county, but Mr. Duke avail
ed himself of the right to
tried at hnm. TH i1fn
have it
will 1 be
that the bank knew the condition of
his affair8 then, had read the news
papers and should not have allowed -'
the note to go. It is properly signed.
At this term. W. 1 Foushee. broth- i V
er of ex-Senator H. A. Foushee. law '
partner of Judjve James S. Manning,
of the "Supreme Court bench, was,-1
sworn In and is now a partner In the
firm of Foushee & Foushee.
He is a Richmond man and re
ceived his license In that cltys court
coming to Chapel Hill later and pre
paring himself for the examination
before North Carolina' courts.' From
Itlchmond he brought high recom- , f
mendations- ; ' j
The tobacco breaks continue and'i '
there is roing on the markets of Dur-
ham now a large amount of the week.'V r
rish, of Chatham county, who sold, at
the remarkable price of 130.74 for
every hundred pounds. Chatham
hasn't furnished a great amount to
Durham, but that load is exceptional.
It ranged from 11 to 50 cents..
The Eno Hunting Club, composed
of a limited number (25) of Durham
sports, is building a cabin In Orange
county upon Its 70 acres and Is get
ting ready for the fall season. Besides
this land owned by the company,
there Is a lease on 6,000 acres.
Ex-Sheriff J. R. Blacknall Is presi
dent. John W. Burroughs vice-president,
and H. A.. Boat secretary-treasurer.
They have now a large num
ber of turkeys and hundreds of hen
have a report to make yet.. They will,
preserve quail especially and make
the place what they want it to toe. It
Is an Ideal ground foe the venture
and they expect It to be successful.:
Solicitor Walter E. Daniels of the
forth district was a court visitor and
AV,onu3Kc oa jrage jo.igni.j.
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